TERMS OF PUBLICATION. THE BsnronD GAZETTB is published every Fri ti,T morning by MEVERS A .MENGEL, at $2 00 per j.;rom, '/po'd ttn ft, y advance; $2-50 if pxil vilhin six months: $3.00 if not pain within six jj.inths. All subscription accounts MUST ie annually. No paper will h sent out of tie State unless paid for is ADVASCH, and all such .jbseriptions will invariably be discontinued at tfce expiration of the time for which they are pll'd Jill ADVERTISEMENTS for a less terra than t £ree mon'hs TEN CENTS pet line for eaeh tn- Special notices one-half additional* A'l .^joiuti'ng of Associations; eommunic-.tions of i-jited or individual interest, and notices of inar . sjes and deaths exceeding five line-, ten cents per line. Editorial notices fifteen cents per iine. All legal Notices of every find, and Orphans' i" rt and Judicial Sale*, are required by Ittvs published in both poppers published in this All sdverti-ing due after fii-t insertion. A liberal disc unt is made to persons advertising r [be quarter, half jear, or yc ar. as follows : 3 months, fi months. t year. Hie square - - - $4 50 $ -ft 00 $lO 00 frit squares - - - 600 000 16 no fsree squares - - - 8 00 12 (HI 20 00 y.isrter column - - 14 00 20 00 35 "0 jjilf column - - - 18 00 25 00 45 on e column - - - - 30 00 45 Oil 80 00 ♦One square to occupy one inch of space. JOB PRINTING, of every kiiul. ItM with ON ess and dispatch. Tn P. GAZETTE OFFICE has teen refitted with a Power Press and new type, i everything in the.Printing line can be excco ■ iia the most artistic manner and at the lowest .A R? —TERMS CASH All letters should he address 1 to MEYERS A MENGEL. • PublisSie rs. _ ROSKPII \V. TATE. ATTORNKY f ! AT LAW. BEDFORD. PA., will promptly' lOend to eidlectioiia of bounty, back pay. Ac.. i j all business entrusted to his cure in Bedford is 1 djoinii'S counties. Ct.-'.i advanced on judgments, notes, military ir I iither claims. H s fir sale Town lots in T ttesville, where a e ! Church is erected, and where a large School 11 use shall be built. Farms. Lmd and Timber, Leave, from one acre to 50(1 acres io suit pur tb ;-er. '.iffi : nearly opposite the "Meugel Hotel" and B <"f Reed A ScheU. April 6. 1866—1y J VCD. SHARPE. E F. KERR. mil ARPE A- KERR, ATTORNEYS AT LAW BEDFORD. PA . will practice in curts of Bedford and adjoining counties Of- Seeon Juliana St., opposite the Banking House of K'.ed A Schell. (March 2. '66. J E. DL'RBORROW. | JOBS LVTZ. Or RBoRIt O\Y A L I'TZ, ATTORNEYS AT LAW, BEDFORD. PA., Will attend promptly to all business intrusted to their care. Collections made on the shortest no- Thev are. also, regularly licensed Claim Agents s I will give special attention to the prosecution ife'dnns against the Government for Pensions, Bick Pay. Bounty. Bounty Lands, Ac. Office on Juliana street, one door South of the Mengel House," and nearly opposite the Inqiti rcr office. JOHN P. BEED, ATTORNEY AT J LAW, BEDFORD. PA Respe fully tender-' his services to the public. Offiae second door North of the Menge! House. Bedford. Aug. 1, 1861. JOHN PALMER, ATTORNEY AT ft LAW. BEDFORD. PA. Will promptly attend tu all business entrusted to his care. Particular attention paid to the collection of Military claims. Office on Juliana Street, nearly '■nnosite the Mengel 11 use. '!!-!f.rd. AM 1. Hi. I NSPY M. ALSIP, ATTORNEY AT LJ LAW, BEDFORD. PA. Will faithfully and i r :aptly at'end to all bu>ine-s entrusted to his cire in Bedford and adjoining counties. Military claims, b ick pay, bounty. Ac., speedily collected. Office with Mann A Spang, on Ju'iana street, two doors Sou h of the Mengel House. Jan 22. 1854. T. M. KIMMEI.L. - ( J. W. LINUENFELTER. K IMM ELL A LINGENFELTER, ATTORNEYS AT LAW. BEDFORD-PA., 11 ive formed a partnership in the practice of the Law. Office on Juliana street, two doors South of the 'Mengel House," /'1 H. SPANG, ATTORNEY AT \ I. LAW, BEDFORD. PA. Will promptly at tend to collections and all business entrusted to hit* cre in Bedford and adjoining counties. Office on Juliana Street, three do*-r? sooth of the Mengel House.** opf*>!fe the n-sideuce of Mrs. Trtte. May 13, 1864. B P. MEYERS | J- W. DICKEIISON. MEYERS A- DIUKEKSON, AT TORNEYS AT LAW, Bedford. P.. :ffiL-e Miue aa furtneily occupied by Hon W. P. Schell. two doors east of the G VZETTE office, will practice in the several courts of Bedford county. Pensions, bounty and aek pay obtained and the purchase and sale of real estate ittMdid to. | e !i.• 16 JOHN IJ. FILLER, Attorney at ! Bedford. Pa. Office near y opposite the Post Offiev |apr.20,"66.—1y. iMiysiriano and 1) H. PEXXSYL, M. I>., BLOODY 1 . Rr\. P* .J1 t<-surgeon SBA P. V V..) ten et? hi?i prfe--sual services to the people of that • i:e and vicinity. Dec. 22. Ba-l_y*_ TW W.JAMISON, M. D., BLOODY ; \\ . bps. Pi., tender* hi." ; r few i n ' wn - : > the people of thai place and vicinity. Offie ■ c door west of Richard Langdon s "tore. Kw. 24. '6s—lv rvR. J. L. MARBOURG, Having 1 I permanently located, respectfully tenders professional services to the citizens of Bedford • i viciuity. Office on Juliana street, east sole, nearly opposite Banking 11 >use of Kc d A Sehell. Bedford. February 12, 1564. N.HICKOE, 1 J. O. RINNICH. JR., | UKXTI 8 T S , BEDFORD, PA. "dice in the Bank Building. Juliana St. A I operations pertaining to Surgical or Me -1 1 i"?.i Dentistry carefully performed, and war ranted. TERMS —CASH. Bedford. January 6, 1565. inuihcrs. 'tennn, T J J ' • J) E ED AX D SCH ELL, 1 V Batter* and bEALEItS IX EXCHANGE, BEDFORD. PA-, DRAFTS bought are! sold, collections made and ® y promptly remitted. BepoMti solicited. J 5 W. Rfpp O E. SHAXNON F- BEX EDICT J)L L'P, SIIAXXOX A CO., BAXK- K ERS, BEDFORD, PA. BANK OF DISCOUNT AND DEPOSIT. T ELECTIONS made for the East, Wes. North s: -i - .ath. and the general business >f Exchange 'On-acted. Notes and Accounts Collected ami '• aittanee* promptly made. REAL h>T ATE and sold. Oct. 20. 1865. ( *Hisrcllancous. I \ANIEL BORDER, 1 ' Pirt STREET. TWO DOORS WEST OT THE RED- | F "' :D HOTEL. BEDFORD. PA. *ATCUMAKER AND DEALER IN JEWEL RY, SPECTACLES, AC. H keeps on hand a stock of fine Gold and >II- R R WATCHES Spectacles of Brilliant Double Ke- FIY 1 Glasses, also Scotch Pebble Glasses. Gold 1 Breait Pins. Finger Rings, beet DUALITY OF Gold Pen. He will supply to order *'J tbitig in his line nol on blind. Oct. 20, 1865- UF. LLTVIXE, , ANDERSON'S ROW. BEDFORD. PA.. Dealer in B iota. Shoe*. Vueensware and V.arie t.ir'Or lers trom Country Merchants re 'tsctfuliy solicited. *>rt 20, 1865, IJ It. AXDTRSOX, Licensed Scrivener and Conveyancer, CENTP.eVILLB, BEDFORD COCBTV, pi., * I attend to of Deeds. Mortgages, LEASES. Articles of Agreement, aud all business tnutlly transacted by a Scrivener and Conveyan- The patrupage of the public IS respectfully A P RI! 6. '96-TF- For the Gatettc ; PROF. NOTT'S EXHIBITION.— Mr. j yjulitor: —The votaries r>f fashion, mu |ie and good manners, were Well ent°r ■ained at the Court House ohc evening ■ast week, in your (the editor's) ah ftence, and you Will, therefore, excuse: jb communication from the back corner I Of the roohv. The S| Hnrh dance. El Bolero , as | well as the Sco'linh Highland Dane t , j both very difrieult of execution, were ( admirably fT formed by -Misses Mag gie .Shoemaker and Rasa Meyers. No b- tter dancing, but inferior i-. often lone on the stages jf The B//z, by Masters Ed. Meyers ind 01. Shannon (eaeh about as tall as | a yard-stick showed what could lie Bone by very small hoys. The Cotill- P om and other dances engaged in i by Miss Sallie Shannon, Frank and Sa i iome Minnich, Julia McFadden, Dan. Shannon, Morsvand Percy Anderson. Attention, lire the ~,,,1 | ore Unci Lend, 1 Liberty White la-ad. " Sunn- Franilin White Lead, M as/tillytati Wh'tC l.e-tu. Wiis/nurito n 7.1 nr White Lewi, -Xnr YorL White l.e l. ALSO :— F—uch Pureedn . Finish; Demur Varnish; Varnishes at it I finds. Flaxseed Oil. ( pure 1 Turpentine tnd Alcohol til kin.D..f IRON miri NAILS. No. 1 CIIRYSTAL ILLUMINATING COAL OIL. LAMPS in |.rolusiou. M'e woul.l iarilc prrsons wnnitog S.nldlery j H .rdwsre. lo give u.< ji e.-ill. *s > (u.ve every thing in the Snddlery 1 iei eh re B;i.-kle-. . Ring*. II .mea and Webbing; Leather ' f .1! kil.d?: .il-n n vnrietv o! Sbor Fi'ding*, em listing ot French C.lf Skin-. Morf"c I Ailing.-. Bii.dii.g-. J P. ■■{>, etc. llno-okeein.r.l will find ' Blytnyer & Son's ■■ s'. or** fi grc.i* variety of hocehnld goo-is. Knive ! nnd Fork of the very bet quality; Plato 1 Table j and Ten SjKtot.s at all f.rices. Give u> u ."'ll and n • persons having unsettled accounts will close then up to the first of March, to euable us to close oui old books. This shouldTre done may 4.'66. GEO. BLYMYER A SON.-. &c. JL. LEWIS having purchased the ( Drug Store, lately owned by Mr. II C. Rea mer takes pleasure in announcing to the ci izens ot Bedford nnd vicinity, thai he h->s just returned from 'he cities with a well selected stock of DRUGS. MEDIC INKS. DYE-STUFFS. PERFUMERY, TOILET ARTICLES, STATIONERY. COA L OIL. LAMPS AND CHi INEYS. BEST BRANDS OF CIGARS sMOKiNG A YD CHEWING ToBACCO. FRENCH CONFECTIONS, j-r . \r Toe stoak of Drugs ami Medicines consist of the purest quality, and selected with great care. General assortment of popular Patent Medicines. The attention of the Ladies is particular y invi- j ted to thes ock of HEP.FI Mttßv. TOILET and FANCY ARTICLES, consisting of the best perfumes of the day. Colognes, Soaps. Preparations for the Hair. Complexion and Teeth ; Camphor ice for chapped hands; Teeth and Hair Brushes. Port Monaies. Ac. Of Stationery, there is a fine assortment: Billet. Note, L iter, Leaf and Mourning Paper, Envelops. Pens. Pencils. Ink, Blank Deeds, Powei of Attorneys, Drafting Paper, 2-1 irriage Certifi cates. Ac.. Ac. Also, a large quantity of Books, which will be sold very cheap. C'tml Oil Lamp Hinge Burner, can be lighted ! without removing the chimney—all patterns and prices. Glass Lanterns, very neat, for burning Coal Oil Lamp chimneys of an improved pattern. Lamp .Shades of beautiful patterns. Howe's Family DyeCoh-rs, rheshadesbeinglighi : Fawn. Drab. Snuff and Dark Drown. Light and [ Dark Blue. LighF and Dark Green, Yellow. Pink, I Orange, Royal Purple, 8-arlet. Maroon, Magenta, i Cherry and Black Humphrey's Homeopathic Remedies. Cisnrs of best brands, smokers can rely on a ' good - igar. Rose Sniol iutt Tohrrro, Michigan and Solan Fine Cut. Natural Leaf, Tu-'stand Big Plug, \ Fi nut and purest French Confections. PURE DOMESTIC WINES. Consisting nf Grape, Blackberry and Elderberry j FOR MEDICINAL IT SC. * o The attention of physicians is invited to'bc Stink of Drugs and Medicines, which they can j purchase at reasonable prices Country Merchants' orders promptly filled. Goods t put up with neatness and care, and at reasonable j prices. J. L. LEWIS designs keeping a first class Drug | Store, ami having oil hand at ali titnes a general Fassortment of goods. Being a Druggist of several vears experience, physicians can rely on hswn_c - their prescriptions carefully and accurately com- i pounded. | Feb 9,'66 —tt .fancy Stores. I ) K M O V A L.—CALL AXI> SKE IV NEW MILLINERY STOKE !—Mrs. E. V. MOWRY would respectfully inform herold friends ami customers, as well as the ladies generally, that she has removed her store to the fine room", immediately oppoaite the BeiUerd Hotel, formerly occupied by J. Cessna, where she h s just received a large and carefully selected assortment of NEW MILLINERY and DP.ESS GOODS, and NOTIONS, consisting, in part, of BOXXETS and 11 ATS, RIB BO XS. FLO VERS. '. ALPACAS. LA 14" VS. CA LICOES. A-r . LADIES COATS and SUA II'LS. BEST KID GLOVES, SILK and THR EAD Glove*, 1 COLLARS HOOP SKIRTS. BA LMORA LS. CORSETS. Ar . Vr. i A'"", a fi' e a'snrtnu-nt of LADIES', MISsE- anl CHILDKEN S SHOES, made specially to or.ler. | These goods will bo Sold at the lowest prices, hut fur '"ASH onlv. Mrs. Mo wry returns her thanks fr pa** f ivors, and r"*pccffi-l v solicit> continu ance f the patronage of the ladies of Bedford and vicinity. [apr.2. 66. M iss KATE DEAL A MBS. M. K. SCHAEFFER have just returned from ihe eitv with a fine assortment of fashionable BOXXETS. HATS. RIBBONS, FLOWERS. GLOVES, ladies' and gents hose, ladies and gent? hand kerchiefs and collars, fancy neck-ties, ruffling, dress buttons and trimming, machine silk and cot tou. hair brAe?. tnth brushes, clothes brur-.ies, perfumery, enamel, braid, embroider it?g braid, ladies' corsets and hoops, hilmoral skirts, lace veils, tissue for veils, cloths fur sacks, dress eiKids, ooplins, lawns, gicghnma. Ac., Ac. .Mautna-in iking and all kinds of Milliuer work done in the chfnpct and be.it manner, may 1166. t > ICHARD LEO, Manufacturer of CABIXET-WARK, CHAIHB, &C., BEDFORD. PA., The undersigned being engaged in the Cabinet making bu-iness. wilt make to order and keep on hand everything in his liue of manufacture. Bt REAPS, DRESSING STANDS, I'ARfalß AND EXTEN SION TABLES, CHAIRS. BEDSTEADS, WASH STANDS, Ac., *c., will be furhished at all prices, and to suit every i ta-te. COFFINS will also be made to order. ; -s-Proinpt attention paid to all orders lor work * . Shop on West Pitt Street, nearly opposite the residence of tfeorge Shuck. July 10, 1863—tf Lit,HARD LEO. |vj> I NTKBS' iXK has made many a business man rich We ask you to try it in I till* olllUin Gf TDK IjAZKTTK rpilE Local circulation of the BED- I I roßt! GAZETTE is larger than that of any other paper in this s ciion ol iHiuntry. and therefore of ers the greatest inducements to business men to fdverooe i* if* eolumna. j fjiVERY VAIIIETY AXI > STYLE R J OF JOB PRINTING neatly executed at low I FATES at THE BEDFORD GAZETTE office. Call and leave your orders. The ¥'Cdfottl OVtuettr. FRUM the Climber. FOR EVERY NT ATE A ST AR. Air —' BONNIE ELITE FLAG." Come all good Union Democrats And join #ic column strong, That moves for Law and Liberty Against the tyrants'wrong j I We'll have no broken Onion, boys. No Pound in the Boiith. N - T* el -a rn'ei Hr 'j--" hand. No nndloek on our mouth. Hurrah ! Hurrah ! tor Liberty, hurrah ! Hurrah for ' ur country's flag. And on it every star! D'-oniontsts may rant and bowl. T-hsd. Stevens rage and roar. An 1 Smnner in the Senate scowl. And Wade hisenr.-es pour. Our banner ia the fi :g that bears For every State a aiar; A •! death to the Disiiniouist Its symmetry would niHr. Hurrah! Hurrah! for Liberty. Ac Our Union's that 'if all the State.'— From Maine to Oregon From Lake to Gulf, ihe-i-'cr-h '"1 Of Thirty-six in One. Ob ! who wniil 1 s'rike a S -;t" From out the glorioii" bo i ' AcMirsed lwiifs traitor hclft And p ilsic 1 he hi* !:•>• ' ! Hurrah ' Hurrah ' for Liberty V-. oh ! who would blot a ii jle J thi Fr un out that good old fl (g. Or ea'l i' Gre :lv-iiKe. i 1 • And 'h-tie's (Millntpil r g Tlia sa-rifi ia! blood ha' flowed The Union to restore. Aprie itsf ir that tru- fl i ; that be n- . 1' ir very S-O- s'-r Hurrah ! Hurrah ' for Liberty, Ac. ! Jjcision olthe Supreme Court. j Disfranehisemeiit of Beserti rv. Tito following opinion of tho Sti ort im'Court in the of Huhcr v.-. Roiliy, wasretulby Justice Strong: The act of Conjjre-8 under which the lefendant below justifies hi- refusal to receive the vote of the plaint iff t- the >ne approved on the 3d day of March, lSti'i. The twenty-first section is the inly one applicable to this ease, tnd it is as follows: "And be it fur her enacted, that in addition to the filler lawful penalties of the crime ol lev-rtion front the military or naval service, all persons who have deserh d the military or naval service of the E nited States, who -'hall not return to siiid service, or report theniselve- to a Provost Marshal within sixty days af ter the proclamation hereinafter men tioned, shall be deemed and taken to have voluntarily relinquished and for ieited their rijrhts of citizenship, and their rights to become citizens; and such deserters shall he forever in cap.ti de of holding any-offi -e of trust or pro iit under the United States, or of exer cising any rights of citizens thereof; and all persons who shall hereafter de sert the military or naval service, and all persons who being duly enrolled, -hall depart fhejurisdietfon of tfie dis trict in which lie is enrolled, or go be yond the limits of the United States, with intent to avoid any draft into the | military or naval service, duly order el, shall lie liable to the penalties oi thi> section." This Is followed by a clause authorizing and requiring the President to i>-ue his proclamation set ting forth the provisions of theseetion, and we know judicially that this was done on thellth of March, lMfi. The act of (.'ongrcss is highly penal. It inipo-es forfeiture of citizenship and deprivation of the rights of citizenship, i ;t ~ penalties for the eoinmi—ion of a | crime. Its avowed purpose is to add i to the penalties which the law had 1 previously affixed to the crime of de sertion from the military or naval ser vice of the United States, and it dc ; nominates the additional sanctions pro vided as penalties. Su. it oc; :c P.s char acter. it is, under the well known rule 1 of law, to receive a strict construction in favor of the citizen. The constitutionality of the act has! !>een assailed on three grounds. Tin j flrst of these is that if i- an ex post facto jaw, imposing adthuonai puni.-liment j .or an offen v committed before it.-, I passage, and altering the rule ofcvi-j 1 denee so as to require different and less proof of guilt than was required at the time oi'the iierpetration of the crime. 1 Tae second objection i-, that the act is ( |an attempt by f oiigres.- to regulate the right of suffrage in the States, or j to impair it, and the third objection is 1 that the act propo.-es to iritiiet pains j and penalties upon offenders before and i without a trial and conviction by due • process of law, and tiiat it is therefore . prohibiicd ty the bill o! rights. In the view which we take of this , c ,-e. and giving to the enactment the! j construction which we think property belongs to it, it is unnecessary to con- : : sider at length, either of these objec- j tions to its constitutionality. It may ■ be insisted, with strong reason, that 1 i the penalty of forfeiture of citizenship j imposed upon those who had deserted the military or naval service prior to the passage of the act is not a penalty for the original desertion, but for per sistence in the crime, for failure tin the language of the statute; to return to said service, or to report to a I'ro ' vost Marshal within sixty days after • the issue of the President's proclama tion. Ifthi- is so, the act of Congress is in no sense expoitjacto, and it is not 1 for that reason in conflict with the eon s stitution. Its operation is entirely prospective. If a drafted man owes service to the Eederal government,ev -4 cry new refusal to render the service a may he regarded as a violation of pub lic duty, a public offence for which r Congress may impose a jienalty. And ' j as it i- the duty of every court to eon ]struea statute, if*possible, so "at /'<•>• 5 ; magis valeaf, queun pereat , that con " | struction of the act must be adopted J i which is in harmony with the ae BEDFORD. PA., FRIDAY MORMNS, JULY 20, 1866 ''• ' JStPz/mSS* m ANDREW PRESIDENT OF THF UNITED STATES. e-nowkxlu -J jiowi'rs of Congress, airl which applies; the forfeiture of citizen ship to the now oifence (leseriti-.-u as failure to rt turn to service, or to report to the Pruvos-: Mnrshul. The second objection also a .-.-times more than can I e conceded. It i- not iobed' übted that tiie riiriit to reir.. laje sufl'raire in a S ate, and to detci mine who shall, and who shall not fit a voter, belongis exclusively to the State it.-elf. The ((institution of th United State- confer- no authority uji on Congre-- to prescribe the ijualifici.- tion of electors within the several States that compose the Federal U nion. Congress i - indeed empowered to make regulations for the time, placy and manner of holding elections for Senators and representatives, or b alter those made by the legislature oi the State, except those in relation It the places of choosing Senators, bin here its power stop-. The right of suf frage at a State election isa State right, a franchise conferabie only by tlit State, which (' men'- car. neither give nor takeaway. If, therefore, the act now ui>lor wwDiuUtrnti' L ts in truth an attempt to regu'ate the right of sta frage in the States, or to prescrii". tin conditions upon wlu Ii that right may be exercised, f mu>t !x- held unwar- 1 ranted by the constitution. In the ex ercise of it.- admitted powers. Congress may doubtless deprive an indiv dual ol the opportunity to enjoy a right that belongs to him as the citizen of a Stale, even, the right of suffrage. Urn tni- is! a different thing from taking awav or ! impairing tin* right itself. Under the! laws of the F* 'feral govern m< 'A. a vo ter may ! o sen; a?"r -d in toe* miirary | service of the.■ country, aa l -iius do-] prived of the privf . .1 .-vrc-mg his right, or a voter may be imprison !Ed for a crime against the 1 .titeup in '• '1 leU i ofa citi:.. n a-a puni-dmon. for ••r.jne, is 00 unusual punishment. Hark* r vs. the People, kit Johns, If by tl:e orirai-io law of a Stale, ciil of the United State- only w allow- dto vote, the action or n©o"Uctio of ' oßjftfise may thus indirectly ash-, the number Of those entitled totlie right of - diVup-. Yet, after aii the riifht is in.• wlieh its possessor holds as a citizen of a State, secured to hou 1 y ■'•' * rode e-a ditu tion, and to lv. h >:! on the terms pre scribed by that eons' i;mion alone. — it is an integral part of the Stum gov ernment. But ii is u i ft cornet vit*w oi tiu? ui'i of Congress now before us to regard it : i as an attempt to override state const i- i , tutior.s or to prescribe the quallflea ' lions of Voters. iiie act nr. es no i 1 change in the organic law of i. e State, i It leaves that as before, to confer the ; right of su If rage as it pleases. The en i actmeut o]>perates upon an individual 1 I offender, punishes hini for Violation of: the federal law, by deprivation of his • | citizenship of the United States, but it . S leaves each State to determine for it-j I self whether sucii an individu'ai may j : lie a voter. does no more than in-i I crease the penalties of thi law upon the ; i commission of crime. Each State de- ! . tines for it-elf what shall be the conse quence of the infliction of such penal '■ ties. And with us it is stiii our own constitution which restricts the right of suffrage, and 'confers it upon those only who arc inhabitants of the State, and citizens of the United States. The third objection against the va lidity of the act of Cungre. •> would be a very grave one, if the act does in reali ty impose pains and penalties before and without a conviction by due pro ■ CDcs of law. The fil'th article of the a mend runts to theynnstitut'on <>rf legal penalties, ran be in any other mode than by trial -ding '• ' Hit' lew of the iar.d or clue process off law. that is the law of the particular case, administered by a judi : vial tribunal authorized t'> adjudicate I Upon it. And,l cannot uersuade my j self that a judge of elections or board lelection officers, constituted under I. - laws. if. -oehatrii una]. I cannot hfok lis y have npwer to try criminal I offenders, till lets to adjudge the guilt I or innocence oi an alleged v oiator of | the !..w- of the United States. A trial before such offices is not due process of Jaw for the punishment of offences, ac cording to the m* .'ring o( that pit rase in the ■ • ituiioi:.— t here are, it is true, t.: '.y bines which they mayde termine, such a tueage and residence tl.' per . offering to vote, whether he has aid tax ami whet;.-, rif born !an alien he ha# certificate < i nuturtri- I ization. The- ■ things pert.,ln to the ■as tainnn nt of a political right. But ! whether If }■ ■ - been guilty >; a c-rimi • i na! ol'*'!u ;u and has as a consequence, forfeited i >is right, is an inquiry oi a different wiaracter. Neither our con stitution oar law has conferred up on thejtidg. of elec-.iens any such ju dicial functions. They are not sworn j to try '• in criminal cases.—They have no ■ overtoeorniiel then ttendanee of witn - and their judgment if rendered would ne binding upon no other tribunal. Even if they \v are to assume juris diction of the Oileiwe described in the act of Congress, and pjoeeed to try whether the applicant for a vote had been duly-•arolledand drafted, wheth er lie hail re.-ei ved notice of the draft, whether he had deserted and faded to return to service orfaiied to report to a Provost Mm-ha', and whether he had justifying reasons for such failure, and if after such trial they were to decide the: 'ion ul t: >t forfbib'.l ids citizenship ; all this would not amount to an acquit- I tal. It w > ild not proiact him against 'a subsequent similar nmisu.km and i trial. It vet aid not protect him against i i.rial raid punishment by a court-inar ■ vial. Surety that is nu trial by due pro cess oi'law, the judgment in which is not final, decides nothing, but leaves tlie accused exposed to another trial in a different tribunal and to the imposi- VOL. 61.—WHOLE No. 5.356 Hon by that other tribunal of the full punishment prescribed by law. Moreover it is not in the power of Congress to confer upon such a tribunal, which is exclusively of State creation 'urisdiction to try offences against th< United States. Notwithstanding tin lecision in 1 luck waiter vs. United States !1 1 S. A It. 193.. which was an ac tion for penalties, declared to be recov erable as other debts, the doctrine seems i plain one, that <>ngre.-:s cannot put any of the judicial power of the Un- ted Btatcs in • the courts of any othei government or sovereignty. Martn vs. Hunter's h'-sec, 1 Wbcnton, 39-! >3", Eby vs. IY< i;,7 C'or.., 212, and Sco vilie vs. Canfield, i! .Johns, 33s>. Am clearly if this is so Congress en mm make a board of Stat" election officer competent to try whether a person ha been guilty of an offence against th> United States, and if they li.'id hit; unity to enforce a part of the prescri bed penalty. * if. the (tore, t heart of M rh3, Id , really conicnplab ti eit hit lb nof ib >. rt ed ( . na!ty or part of it withoir •lac onM'cs.- of lew, or if it attempts to •outer upon the election ofiivrs of : -'ate the power to determine whet he' there has been a violationof the act in .• irring the penalty, and to enforce tie. canity or any part of it, it may wci bedoid'tcl whether it is not tran-gre-- sive if the autliority vested in f ongn ss by the Uonstitdtion. But such is not the fair construction if the enactment. It is not to be pre s tnied that Congre-- intended to trans gress its powers, and especially is this rue when the a'd admits of anothei •(instruction entirely consonant with ill th • provision-of the Constitution. What, then, is its true meaning? As 11 ready observed, forfeiture of citizen -hip i- prescribed as a penalty for de sertion, an additional penalty, not for in offence committed before the pa rage of the act, but for continued de sertion and failure to return or report. It is not a new consequence of a penal ty, but it is an integral part of the hing itself. Nor is it the whole. It i~ tddod to what the law had previously enacted to be the penalty of desertion, a- imprisonment is sometimes added to punishment by fine. It must have been intended, there ore, that it should be incurred in the -ame way, and imposed hv the same iribunal that was authorized to impose the other penalties for the offence. It would be very absurd to suppose that two trials and two condemnations for one crime were intended, or that it was designed that a criminal might he sen- tenced inonecourt to undergo a part of die punishment denounced by the law, uisl be punisitetl in another court by the imposition of the remainder. The •aw as it stood when the act of ls6"> was pas ed, has! provided a tribunal in which alone the crime -of desertion j •ould l>e inflicted. The consequences of conviction may be noticed in other courts, but the tribunal appointed i y the law for that purpose is theonly one i diat s'an determine whether the crime ; j has J H*en committed, and adjudge the ' \ punishment. The act of March :>d, 18(55, is not to j : be consider'd apart from the other leg- : | Islation respecting the crime of deser- I tion. It is one of a r-eries of acts per- ; ' turning tothe same subject matter. It i must, therefore, be interpreted with them all in view. This is an admitted ! rule of statutory construction. So long ! ago a- Hex vs. 1 Burrows, 117 Lord Mans eld said when speaking of acts Parliament, ''that all which re- ' la : e to ihe same subject • J . noi withstand- I ing some of them may he expired or j not noticed, must be taken to be one 1 ayst< tu and con-trveti consistently." j S 11" a'.su-ellor Kent, in the first volume \ of h - comnientar i.-, 4 58-4, said, "it is to fee inferred that a code of statutes j relating to one subject was governed by : one spirit and policy and was intended j to bo c insistent and harmonious in its several parlsandprovisions." In look ing through the numerous acts of Con- , grcs.- relating to desertion from milita- ■ rv er naval service it is plainly to be! scon that they all contemplate a regu lar trial ami conviction prior to the in flictipn of any penalty, and court niar tiul.-are consiituted and regulated for such trials. The twentieth article of war. enacted on the loth of April, lsiiti, ; ( Briuhtly's I >ig. is in these words: "all officer- and soldiers who have re ceived pay, or have been duly enlisted in tin service of the United States, and s!e inflicted." Other en actments have been ma lc at different tinies respecting the punishments to be inflicted for the off-nee. The pun ishment of death in time of peace was abolished in isle. Corporeal punish ment by stripes was abolished by the act of May lb, 1812, and by the act of March 2d, is;', 3, that section of tiie re pealing act w;b itself repealed, "so far as it applies to any eniiMed soldier lc/io x/ui/' he confided Oi/a general court mar tial of the crime of desertion." By the , act of January 11, Hl2, an additional! penalty was prescribed for desertion, j and it was declared that "such soldier j shall and may be tried by a court mar- \ tial and punished." Brightly's Dig., j s;t. The 13th section of theact of March i 3d, 1863, which declared that any person failing to report after due servieeof no tice that he had been drafted, shall be deemed a deserter, enacted that such a person "shall be arrested by the Pro vost Marshal and sent to the nearest military post for trial by court martial, unless upon proper showing that he is not liable to military duty, the board if enrollment shall relieve him from he draft." All these; acts of Congress in :nif stlv contemplate trial for destr tion by court martial and the infliction o uo punishment or foi future, excel t up MI conviction andsentenceincourts. r.ie act of 180b provided for general •ouris martial, and made minute and •areful regulations for their organi/.a ion, for the conduct of their proceed ngs, and for theapproval or disappro a|of theirsentenees. Sulisequent acts nade some changes, but they have not estrained the jurisdiction or diniinish d the powers of such courts, it is to such a code of laws, forming system devised for the punishment f desertion, that the 21st section of the ct of March 2d. 18Co, was added. It efers plainly to pre-existing laws. It as the single ooject ot increasing the •enalties. but it does not undertake to hangc or dispense witli the machinery rovided for punishing the crime. I he mi moil rule- of cou-t ruction demand ait it he read as if if had been ineor iini'ol hit'- the former acts. And if hae been, it the act of 1800. and its ipplciuents bad prescribed that peu ty for deserti nor failure to report ithin a designated time after notice i'drnfl wiiich the act ot J -0-. declares <.m rtiou , isiittfMiu on con- U-tioti oi the . in.e with ii.m ittoe of tizenship and death. or in lieu ol the .tier such oilier | inishnmntas by the litem •• j it a (..in t*nia.i .ad m.o. ■'( in— .icled, would any one conit ud tiiat any .ortion of this punislunent touid La in iieteil wAnout conviction and sentence? Assuredly not. And if not, so must lie act ol I sbo be const rut d now . It ni ans that the forfeiture which it pre oribes, like all oilier penalties for desertion, must be at/judged to me convicted person after trial by a •ourt martial and sentence approved, cur theconviclion and sentence of smh i court there can be no substitute. They i one establish the guilt of the accused, md fasten upon him the legal conse tuences. Such we think is the true neaning of the act. a construction that •a.nnot be denied to it without losing sight of ail the previous legislation re specting the same subject matter, no •art of which does this act profess to alter. It may be added that thisconstruction isnotonlv required hy the universal- iy iKiiuitti il rules of statutory interpre tation. but it is in harmony with the per -onai rightsseeuredpy the constitution, md which (Congress must he presumed to have kept in view. It gives to tin; accused a trial before sworn Judges, a right to challenge, an opportunity of defence, the privilege of hearing the witnesses against him, and of calling witnesses in his behalf. It preserves to him theeommon law presumption of innocence, until he has been adjudged guilty according to the forms of law. It gives finality to a single trial. — If tried by acourt martialandaequitud, his innocence can never again becalled In question, and he can be made to suf fer no part of the penalties prescribed for guilt. On the other hand, if a record of con viction by a lawful court be not a pre requisite tosuffering the penality of the law, the act of Congiess may work in tolerable hardships. The accused will will thus be obliged to prove his inno cence whenever the registry of the pro vost marshal is adduced against him. No decision of a board of election offi cers will protect him against the neces sity of renewing his defence at every subsequent election, and each time with increased difficulty arising from the possible death or absence of witnesses. La many cases this may prove a gross wrong. I ten 11 not be doubted that in some instances tliere were causes that prevented a return to service or a re port, by persons registered as deserters by Provost Marshals, that would have been held justifying reasons by a court martial,or at least would have prevent ed an approval < fthe court's sentence. It is well known also that some who were registered deserters, were at tiie time actually in the military service as vol unteers.and honorablydisehargingthe r duties to the government. To hold that the act of Congress imposes upon such the neci-.-sity of proving their innocence without any conviction of guilt, wou.d heunrc; sonableeonstructkm of tlieact, and would be attributing tothenation al I'gisiutiiivatf intention not warrants d by the language and connection of the I enactment. ir follows that the judgment of the ; court below upon the ease was right. The plaintiff not having been convicts <1 ; of desertion and failure to return to the service or to report to a Provost Marshal, and not having been sentenced so the ; penalties and forfeitures ol the law, I was entitled to vs)te. I And now, to wit, June 20, 1566, the jjudgment of the Court of Common ! Picas of Franklin eemPy is aliiriiied, GEO. W. WoOIIWAKl), Chief Justice. WOODWARD C. J.—l concur in the i conclusion stated in the above opinion, I and in insist of the reasoning by wiucli ! that conclusion was reached. But i slo not concur in treating the act of Con i gross ;ts a valid enactment, for I beiu ve I it to be an ex/wxt facto law in respect to I aii soldiers except sue.; as committed j the crime of desert ism after the slate of : the law. This is uot a case of desertion ! subsequent to the enactment, but prior to it, and the penalties of theofleneeare . such as were tlxs'si by law when the of i fence was committed, ansl it isnomm petent for the legislature to increase litem except for future oases. —Nelson