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 • <u supply you with Barn |
11.K.r Rollers, the latest irnprovvuien's. Nova Scot j
Grindstones, better than any in e-e: Shovels ;
Forks and Spades t
Grain and Grass Scythes and Snathes: Fishing
Tackle; Brushes of ail kinds: Demi-Johns; Patent
Wheel Grease, Tar and Whale Oil, and an infinite
variety of articles
S2O 000 M ANTED—WouId like to get it if our
friends would let us have it. Less will do; bu>
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. <W..
ALL WOOL DELAIXES.
POP 1.1 XS. BERAG /■•>'.
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 .tite<l
! States, but it is a pervor-ion ot lan-
S guage to cali this iiiipa:r;ig his right ol;
j sall'r;!.:e. C-ia.-u'ie-s .m <y p- v. :• ic.Ws
|ftirth( naturalization of ai'cns, or :t
j may refuse to provide stjch law-. Its
I action, or lion-action may thus I iter
' mine whether individuals shalt or shall
' not become citizens o: tue utcd
States, ami • 0.n.m0; -t as a ; uany
for crime a -.'n-' <!;• jr uv.'.il ■: vvn
-11) 'fit, C i<xr n; ty tint •>up in <nc
criminal forfeit a roof hisridaenship of
t!-0 I * I-.ltio I Stfttl'ftt IU Sf r.Ut'i: :>'• '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 <>r<hdn
"that no person shall lw- held toanswei
for u capital or other it.Unions crime,
unless on a presentment, or indictment
of a grand jury, xeept in case- arisin;
in the i: ml or raval forces, or in tin
militia, when in actual service, in tinu
of war or public danger, nor shall anj
•erson he subject for the same offence
to be twice pu' in jeopardy of life 01
.imb: nor shall he be compelled in an\
•ri mina! easetoh< witness against him
-elf, nor be deprive d of life, liberty 91
property, without due process of law.''
I'he-ixtls article secures to the accused
in ail criminal prosecutions certaii
rights, among which area speedy and
public trial, by a jury of the vicinage,
information of the nature and cause oi
die accusation, face to face present *
with the witne-es against him.com
pulsory process for his own witnesses
and the assistance of counsel. The
spirit of these constitutional provi
sions is briefly that no person can be
mad*' to suffer for a criminal offenc*
unless the penalty be inflicted by du<
process \ H law. What that is has been
often d. tiiu d, but never better Hum h |
we-' both historically and critically by
' Judge Curtis, of the Supreme Court o.
the United States, in Den vs. Murray
et al, Is Howard -~'l. It ordinarily
implies and includes a complainant, a
defendant and a judge, regular allega
tion-, opportunity to an-vver, and a
trial according to some settled course of
I judicial proceeding. It must be ad
| mitted there are a few exceptional
leases, i'ron.inen among these are
1 sufltuu ry proce dings to recover debts
due to tl:;-government, espe. iallv taxes
and sum-due by defaulting public offi
ce;-. Hut . can call to mind no instance
in which it hasbisen held that theB r
tainment of guilt ef a public offence,
and the imposition <>f 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!<afl be convicted of having deserted,
the same shall suffer death or such oth
er punishment as by s voce of court
martial shall l>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 <l. Merry a colored preacher
in Nashvilie, has been bound over to
appear at the next term of the Crimi
nal Court to answer a charge of viola
ting the State law against amalgama
tion, in marrying a white man to a
negress. Merry is said to be quite in
nocent of intentional violation of the
the law, witnesses generally swearing
that they could not decide, at the time
of the marriage ceremony, whether the
man was white or of impure blood.
The trial attracted a large crowd of
spectators.