jlit §fni)Bim
IS PUBLISHED
VIUV K*II,>AV MORNING,
. , lUiiaOJiKOU A.\i> LITZ,
' oat
i |,uSA House
iißllibUU. PENN'A.
TBEMt
i ,i.t ttar it paid strictly in advance.
' : ~.rf Hiiaui six lumitlM t5.59.
|7 >•< P-"*'* 1 *' ,h ' n lh ysar S3.ott.
tfards.
ITTORMKI'S AT'LAW.
J. W. DICKKRSOV.
, > a DICKERSON,
\| ATTOKX ETS AT LAW,
BEDFORD, PES.N'A.,
;.TI icrly occupied by lion. W. P.
doors cut of the Gazette office, will
i; the sercral Courts of Bedford county.
i.tie* and back pay obtained and tbe
; Real Estate attended to.
11. '.s—Jyr.
- *T. K KAtiY,
ATTORNEY AT LAW.
Bedford, PENS' A.,
' rive satisfaction to all who may en
r legal buiUts to him. Will collect
■I evidence* of debt, and speedily pro
o* and penmen* to soldier-,, their wid
iieirr. Office two doors west of Telegraph
aprll:'66-Ty.
i Ef.SNA,
ATTORNEY AT LAW,
h JOHN CESSNA, on JnlUnna street, in
e f rtncrly occupied by King A Jordnn,
. .. a tW by Filler k Kcagy. Art business
this care will receive faithful and
!■ ation. Military Claims, Pensions, Ac.,
rt ! tested.
Jane 9, 18G5.
V-.TITARC R- R. KERR
RPE 4 KERR,
t A TTOHSE YS-A T-LA W.
•ra- ticeln the Courts of Bedford and svd
. unties. All business entrusted to their
r rr > ive -arcful and prompt attention.
1 nnty. Rack Pay, Ac., speedily col-'
r>: the Government.
Juliana street, opposite the banking
-id A Prhcll, Bedford, Pa. mar2:tf
„tn P kI.MKR.
V£rw; si Law, Bcdlerd, I'*,.
tiy attend to all business entrusted to
his care.
parti -alar Btbeijion paid to tbe collection
tary •' irn . 6t' on Juliana:* St., m arly
i.. Mcngol Ho*sc.) june2S, 'fto.ly
■ r E JOBS LUTE.
:,! • -;i:<AY A LFTZ,
./r/on.vp;rs ,/r ww,
BEDFORD, PA.,
r-aptly to all business intrusted to
i' ! < l.'ns made on the shortest no
lo. regularly licensed Claim Agents
'•••! attention t<v ftsiftswrtlkjß
• • G'lvero-" rr? fr Pensions,
unty, Bounty Lands, Ac.
in street, ie d -or South of the
: 1 ncar.y opposite the {>/*> rer
April 28. 185:t
-TV M. M.SIl',
i iI'TmRNEY AT LAW, BEDFORD, PA.,
iy -.nu promptly attend to all busi
r> -astn.t r his <*are in Bedford and Rdiida
lutHJL Military elaiu;*. Pensions, back
•v, ii ;-;iedily r-il<*ted. Office with
: Airpatqr, on Juliana street, 2 doors south
; ,-i apl i, 1884.—tf.
I v POINTS.
- KNKY AT LAW, BEDFORD, PA.
fir!' terr iers his professional services
•flh-f with J. W. I.ingenfelter,
•'reel, two d r? South of the
i F." Dec. , 1884-tf.
Kt 1 AN 1 I IN'il-.NFKLTKIt,
,IKI - \ ! 1 VW , Bl l (ll, FA.
I a irtnerahip in the practice of
e > n Jutiana street, two doors south
el HoU-e.
t.t-ti.
. M WRK.
ATTORNEY AT LAW.
BEDFORD, PA.
i 1.18*4. -tl
UKXTINTS.
J. . MIRWICB, JR.
iTI-TS. Bedford, PA.
I; ii ■ /tii'diny, Jnlimma Street.
> ?•• ..ir g to Surgical <>r Me
-> arefuily and faithfully pcr
r .L-.r 1 TERMS CASH.
j YTISTEY.
'•1 -KK. Kr.fIDR*T DE.NTIST, WOOD
IJI >dy Run three days of each
ig with the second Tuesday of
n-J to perform all Dental oper
i .h he may l<c favored. Term*
</ all and tlric'lg eettk except by
W kto lie sect by mail oroth
:i f->r when impressions are taken.
PIIVSHIAXS.
- JAMI.v iN, il. !>.,
BLOODT Kl*, PA.,
<e rahii professional services to
i*at p:%y and vicinity. [decB:lyr
F. H ARBT,
r-nder* his professional ser
?lM*F of Bedford and vicinity,
icnet oL Pitt Street, in tho buildmg
spied by Dr. J. 11. HODUS.
IIEBtiUIMi, M. I).,
r rmaticctly located respectfully
fi-o nil services to the citixcns
i vicin ;tv. Office on Juliana street,
iiank, vac door north of llall A Pal-
April 1, 184—tf.
It A \ k I KS.
1.0. F_ MARS OR F. RESRDICT
i 'lt \NXoN A BANK Kits,
i,F TI OKD, PA.
IsIHCOI NT AM BEPOSIT.
'-P made for the East, West, North
-he genera! business of Exchange,
tea and Accounts Collected and
- r tnpfly made. BE-\L ESTATE
■!. * apr.ls,HV4-tf.
JCWELEB, Ac.
-f'X GARLICK,
*+k A Aatcbmaktr and Jeftllei, ,
BI.OODT Rr*. PA.
*a-c'tw . Jevc-lry, kc., promptly re
k n:rusted to bis care, warranted
iiid and for sale W'A TCH
i JEW ELRY.
■ with Dr. J. A. la-na. my 4
. , ii I.V Nil,
<M h VM) MATCH RAKER,
i ai;ed State* Teleprapb o®ee,
BEDFORD, Pv
her,*" Rug all kinds of jewelry
ed. An w„rk entrested to his care
* ! < -u;;re -atisfaet! ei. £nor3-lyr
BOSRDKR, ~
TT. Two i |RS WEST OF TB BED
-18. i i.ai. to, PA.
- L IND DEALER IN JEWEL
-I. " PECTACLEfi. AC.
! mi a st k of fine Gold and Sil
■ecta ie* of Brilliant Double llefin.
•. ii Pebble Glasses. (Jold i
'■ Lreaet Pine, Finger King*, best
i'en*. He will supply to order
' one not on hand.
*, WHOLE&ALE TOBACCONIST,
te v * few iiei weat 4 the Court
*-*1 -•. Bedford, is BW prepared J
teale all kind* of CIGARS. All
- ' : • ; -d. Peraou* domritig anything ■
8. -j wo well u. give him w call. i
— "" t I - 1 I. ,
DTKBORROW A LIITK Editors and Proprietors.
jffirg.
From llu iixehohi Word*.
ONE BY ONE.
One by one the sands arc flowing,
One by one the moments fall;
Some aro coming, some ara going,
Do not strive to grasp them all.
One by one thy duties wait thee,
Let thy w hole strength go to each ;
Let no future dreams elate thee,
Learn thou first what these can teach.
One by one (bright gifts of Heaven)
Joys are sent thee here below :
Take them readily when given,
Ready too to let them go.
One by one thy griefs shall meet thee,
Do not fear an armed band ;
One will fade as others greet thee,
Shadows passing through the land.
Do uot look at life's long sorrow,
See how small each moment's pain ;
God will help thee for to morrow ;
Every day begin again.'
Every hour that fleets so slowly,
Has its task to do or bear ;
Luminouf the crown, and holy,
If thou set each gem with care.
Do no. linger with regretting,
Or for passing hours despond;
Nor, tby daily toil forgetting,
Look too eagerly beyond.
Hours are golden links, God's token,
Reaching Heaven: but one by one
Take thein, lest the chain be broken
Ere the pilgrimage be done.
HEARTS TREASURES.
''J'is but a little faded flower,
Hut oh, how sadly dear!
It brings me back one golden houi
Through many a weary year.
I may not to the world impart
The secret of its power,
But treasured in my woman's heart,
I keoo my faded flower.
A broken ring—a dream of life—
A wild, mysterious spell —
That whispers more of spirit strife
Thau words can ever tell.
A fairy fountain, from whose tide
A thousand visions spring,
That round my heart in memories glide
From out the broken ring.
*A slender tress of golden hair,
That graced a dear one's brow,
A year ago so wrm and fair,
But cold and faded now;
Yet peacefully the infant sleeps,
All pure and undefiled,
While mournfully the mother weeps
Her little angol child.
Where is the heart that doth not keep
Within its inmost core
Some fond remembrance, hiddea deep,
Uf days that arc no more ?
Who has not saved some trifling thing.
More prized than jewels rare —
A faded flower, a broken ring,
Or tress of golden hair ?
pisfdlitnmw.
DISFRANCHISEMENT OF DESER
TERS.
The following opinion of tbe Supreme
Court in the case of Uuber vs. Keily was
read by Justice Strong:
The act of Congress under which the
defendant below justifies his refusal to
receive the vote of the plaintiff is the one
approved on the 3rd day of March. 1860.
The twenty-first section is the only one ap
plicable to this case, and it is as follows :
And be it further enacted, that in addition
to the other lawful penalties of the crime of
dc-eition from the military or naval service,
all persons who have deserted the military
or naval service of the United States, who
shall not rctmn to said service, or report
themselves to n Provost Marshal within six
ty days after the proclamation hereinafter
mentioned, shall lie deemed and taken to
have voluntarily relinquished and forfeited
their rights of citizenship, and their rights
to become citizens ; and such deserters shall
be forever incapable of holding any office of
trust or profit under the United States, or
of exercising any rights of citizens thereof ;
nd all persons who shall hereafter desert
the military or naval service, and all per
sons who being do'y enrolled, shall depart
from the jurisdiction of tbe district in which
he is enrolled, or go beyond the limits of the
United States. with intent toavoid any draft
into the military or naval. service, duly or
dered, shall Le liable to the penalties of this
section." This is followed by a clause
authorizing and requiring the President to
issue his proclamation setting forth the pro
visions ofthe section, and we know judi
cially that this was done on the 11th of
March, 1860. . .... , T
The act of Congress is highly pena'. It
imposes forfeiture of citizenship aud depri
vation of the rights of citizenship, as pen
alties for the commission of crime. Its
avowed purpose i> to add to the penalties
which the law had previously affixed to the
offense of desertion from the military or
navai service of the United States, and it
denominates the additional sanctions provi
ded as penalties. Haeh being its character,
it is, under the well known rule of law, to
receive a strict construction in favor of the
citizen. . „ , . ,
The constitutionality of the art has been
assailed on three grounds. The first of
these is that it is an cr poat facto law, impo
sing additional punishment fbr an offence
committed before its passage, and altering
the rules of evidence -o as to require differ
ent and less proof of guilt than was requir
ed at the time of the perpetration of the
crime. The second objection is, that the
act is an attempt by Congress to regulate the
right of suffrage in the fctates, or to impair
it. and the third objection is that the act
proposes to inflict pains and penalties upon
offenders before and without a trial and con
viction by due process of law. and that it is
therefore prohibited by the bill of rights.
In the view which we take of this case,
and giving to the enactment the construc
tion which we think properly belongs to it,
it is unnecessary to consider at length, cith
er of these objections to its constitutionality.
It may he insisted, with strong reason,
that the penalty of forfeiture of citizenship
imposed upon those who had deserted the
military or naval service prior to the pas
sage of the act i.- ; nut a penalty for the orig-
A LOQAL AND GENERAL NEWSPAPER, DEVOTED TO POLITICS, EDUCATION, LITERATURE AND MORALS.
itial desertion, but for persistance in the
crime, for failure (in the language of the
statute) to return to said service, or to
report to a Provost Marshal within sixty
days alter the issue of the President's pro
clamation. If this is so, the aet_of Con
gress is in no seme e.r jmt facto , and it is
not for that reason iu conflict with the Con
stitution. Its operation is entirely prospec
tive. If a drafted man owes service to the
Federal Government every new refusal to
render the seivlco may be regarded as a
violation of pubiio duty, a public offence for
which Congress may impose a penalty. And
it is the duty of every court to construe a
statute, if possible, so Ki ut res mas/is valeat
qi'iimperoitj' that construction of this act
must be adopted which is in harmony with
the acknowledged powers of Congress, and
which applies the forfeiture of citizenship
to the new offence described as failure to
return to service, or to report to the Pro
vost Marshal.
The second objection also assumes more
than can be conceded. It is not to be doubt
ed that the right to regulate suffrage in a
State, and to determine who shall, or who
shall not be a voter, belongs exclusively to
the State itself. The Constitution of the
United States confers no authority upon
Congress to prescribe the qualification of
electors within the several States that com
pose the Federal Union. Congress is in
deed empowered to make regulations for the
time, place and manner of holding elections
for Senators and Representatives, err to
alter those made by the legislature of a
State, except those in relation to the places
of chosing Senators, hut here its power
stops. The right of suffrage at a State elec
tion is a State right, a franchise conferable
only by the State, which Congress can nei
ther give nor take away. If, therefore, the
act now under consideration is in truth an
attempt to regulate the right of suffrage in
the States, or to proscribe the conditions
upon which that right may be exercised, it
must he held unwarranted by the constitu
tion. In the exercise of its admitted pow
ers, Congress may doubtless deprive an in
dividual of the opportunity to enjoy a right
that belongs to him as a citizen of a State,
even the right of suffrage. But this is a
different thing from taking away or impair
ing the right itself. Under the laws of the
Federal government, a voter may be tent
abroad in the military service ot the coun
try. and thus deprived of the privilege of
exercising his right, or a voter may be im
prisoned for a crime against the United
States, but it is a perversion of language to
call this impairing his right of suffrage.
Congress may provide laws for the naturali
zation of aliens, or it may refuse to provide
such laws. Its action or non-action may
thus determine whether individuals shall or
shall not become citizens ot the United
States, and J -annot doubt as a penalty for
crime against the general government, Con
gress may impose upon the criminal forfeit
ure of his citizenship of the United State.
Disfranchisement of a citizen for crime, is
no unusual punishment. Barker vs. the
I'ooplo, an Johns. 45S If bv the organic
law of a State, citizens of the United States
only are allowed to vote, the action or non
action of Congress may thus indirectly
affect the number of those entitled to the
right of suffrage. Yet after all, the right
is one whieh its po-scssor holds as a citizen
of a State, secured to him by the State con
stitution, and to be held on the terms pre
scribed by that constitution alone. It is an
integral part of the State government.
But it is not a correct view of the act of
Congress now before us to regard it as an
attempt to override State constitutions or
to prescribe the qualifications of voters.
The act makes no change in the organic
law (f th" State. It leaves that as before,
to confer llu right*!' suffrage as it pleases.
The enactment operates upon ar. individ
ual offender, punishes him for violation of
the Federal law. by deprivation of his citi
zenship of the United States, hut it leaves
each State to determine for i •fr whether
such an individual may be a voter. It dues
no more than increase the penalties of the
law upon the commission of each crime.
Each State defines for itself what shall be
the consequence of the infliction of such
penalties. And with us it is still our own
constitution which restricts the right of suf
frage, and confers upon it those only w'lo
are inhabitants of the State, and citizens
of the United States.
The third objection against the validity
of the act of Congress would be a very
grave one, if the net does in reality impose
pains and penalties before and without a
conviction by due process of law. The fifth
article of the amendments to the constitu
tion ordains "that no person shall be held to
answer for a capital or other infamous
crime, unless on a presentment, or indict
ment of a grand jury, except in cases ari
sing in the land or naval forces, or in the
militia, when in actual service, in time of
war or public danger; nor shall any person
be subject for the same offence to be twice
put in jeopardy of life or limb ; nor shall he
be compelled in any criminal case to be a
witness against himself, nor be deprived of
life or propel ty without due process of law."
The sixth article secures to the accused in
all criminal prosecutions certain rights
among which are public trial, by ajury of
the vicinage, information of the nature and
cause of the accusation, face to face pres
onco with the witnesses acainst liim. com
pulsory process for his own witnesses, and
the assistance of counsel. The spirit of
these constitutional provisions is briefly
that no person can be made to suffer for a
criminal offence unless the penalty be in
flicted by due process of law.—What that is
has been often defined, but never better
than it was both historically ar.d critically
by Curtis, of the Supreme Court of
the United States, in Den vs. Murray ct al,
13 Howard 272. It ordinarily implies and
includes a complainant, a defendant and a
judge, regular allegations, opportunity to
answer, and a trial according to some settled
course of judicial proceedings. It must bo
admitted there are a few acceptional cases.
Prominent among these are summary pro
ceedings to recover debts due to the govern
ment, especially taxes and sums due by de
faulting public officers. But I can call to
mind no instance in which it has been held
that the ascertainment of guilt of a public
offence, and the imposition of legal penal
tics, can be in any other mode than by trial
according to the law of the bind, or due
process of law, that is the law of that par
ticular case, administered by a judicial tribu
nal authorized to adjudicate upon it. And
cannot persuade myself that a judge of elec
tion or a board of election officers, constitu
ted under the State laws, is sorb a tribunal.
I cannot think they hare power to try trim
inal offenders still left to adjudge the guilt oi
innocence of an alleged violator of the law:
of the United States. A trial before sued
officers is not due process of law for tht
punishment of often* • according to ifu
meaning of that phrase in the conSL'tution
There are it is true many things which the;
may determine, such as the age and resi
dencc of a person offering to vote, whethei
he has paid taxes and whether if born ai
alien lie has a certificate of naturalization
! TIJCM < OU_- IK- i taiu to tlu ascertaintneo'
BEDFORD. Pa,. FRIDAY, JULY 1860.
of a political right. But whether he has
leen gtr'ty of a criminal offense, and has as
a consequence, forfeited his right, is au in
quiry of a different character. Neither our
constitution nor our laws has confenvl upou
the judges of election any such judicial func
tions. They are not sworn to try Issues iu
criminal cases. They have no power to
compel the attendance of witnesses, and
their judgment if rendered would be bind
ing upon no other tribunal.
Fveo if tbey were to assume jwisdietioa
of the offence described in the act of Con
gress, and proceed to try whether the appli
cant for a vote Las been duly enrolled and
drafted, whether he has received notice of
the draft whether he had deserted and failed
to return to service or failed to re, 7ft to n
Provost Marshal, and whether he h 1 justi
fying reasons for such failure, and if after
such trial they were to decide that he had
not forfeited his citizenship all this would
not amount to an acquittal. It would not
protect him against a subsequent similar ac
cusation and trial. It would not protect
lum against trial and punishment by a. court
martial. Surely that is no trial by due pro
cess of law, the judgment in which is not
fin? 1 , decides nothing, but leaves the accused
exposed to another trial in a different tribu
nal and to f hc imposition by that other tri
bunal of the full punishment prescribed by
law.
Moreover it is not in the power of Con-
I gross to confer upon such a tribunal, which
is exclusively of State creation, jurisdiction
to try offences against tho United States.
Notwithstanding the decision in Buekwalter
vs. United Slates (11 S. k C., 193) which
was an action for penalties, declared to be
recoverable a3 other debts, the doctrine
seems a plain one, that Congress cannot put
any of the judicial power of the United
Statc3 in the courts of any other govern
ment or sovereignty. Martin vs. Hunter's
lessee, 1 Wheaton, 304, 330, Ebyivs. Peck,
7 COD., 243, and Scoville vs. Canfield, 14
Johns, 338. And clearly if this is so Con
gress cannot make a board of State election
officers competent to try whether a person
has been guilty of an offence against the
United States, and if they find luui guilty
to enforce a part of the prescribed penalty.
If therefore the act OT March 3, 1865, re
ally contemplates the infliction ot its pre
scribed penalty or any part of it without
due process of law, or if it attempts to con
fer upon the election officers of a State the
power to determine whether there has been
a violation of the act incurring the penalty,
aud to cnibree the penalty or any part of it,
it may well be doubted whether it is not
transgressive of the authority vested in
Congress by the Constitution.
But such is not the fair construction of
the enactment. It is not to be prcsunud
that Congress intended to transgress its
powers, and especially is this true when the
ac t admits of auother construction entirely
consonant with all the provisions of the con
stitution.
What then is its true meaning? As
already observed, forfeiture of citizenship is
prescribed as a penalty for desertion, an ad
ditional penally, not fur an offence
ted before the passage of the act, but for
continued desertion and failure to return or
report. It is not a new consequence of a
penalty, but it is an integral part of the
thing itself. Nor is it the whole. It is
added to what the law had previously enact
ed to be the penalty of desertion, as impris
onment is sometimes added to punishment
by fine.
It must have been intended, therefore,
that it should be incurred in the same way,
and imposed by the same tribuual that was
authorized to impose the other penalties for
the offence. It would very absurd to
suppose that two trials and two condemna
tions for one crime was intended, or that it
was designed that a criminal might be sen
tenced in one count to undergo a part of the
punishment denounced by the law, and be
punished in another court by the imposition
of the remainder. The law as it stood when
the act of 1865 was pa:-sed, had provided a
tribunal in which alone the c: me of desertion
coukl be inflicted. The consequences of
conviction may be noticed in other courts,
but the tribunal appointed by the law for
that purpose is the only one that can deter
mine whether the crime has been committed,
and adjudge the punishment.
The act of March 3d, 1.865, is not to be
considered apart from the other legislation
respecting the crime of desertion. It is one
of a series of acts pertaining to the same
subject matter. It must, therefore, be'in
terpreted with them all iu view. This is an
admitted rule of statutory construction. So
long ago as Rex vs. Soxdale, 1 Burrows,
147, Lord Mansfield said when speaking of
acts of Parliament, "that all which relate to
the same subjects, notwithstanding some of
them may be expired or not noticed, mat
be taken to be one system and construed
consistently." So Chancellor Kent, in the
first volume of his commentaries, 463-4,
said "it is to be inferred that a code of stat
utes relating to one subject was governed by
one spirit and policy and was intended to be
consistent and harmonious in its several parts
and provisions." In looking through the
numerous acts of Congress relating to de
sertion from military or naval service it is
plainly to be seen that they all contemplate
a regular trial and conviction prior to the
infliction of any penalty, and court martials
arc constituted and regulated for such trials.
The twentieth article ot war, cnaeicu uu me
10th of April, 1806, (Brightly's Dig., 75,)
is in these words : "all officers and soldiers
who have received pay, or have been duly
enlisted in the service of the United States,
and shall be conKct&l of having deserted,
the same shall suffer death or such other
punishment as by sentence of court martial
shall be inflicted." Other enactments |
have been made at different times
respecting the punishments to be inflicted
for the offence. The punishment of death
in time of peace was abolished in 1830. j
Corporeal punishment by stripes was abol- j
ished by the act ol May 16,1812, and by the
act of .March 2d, 1833, that section of the 1
repealing act was itself repealed ' so far as
it applies to any enlisted soldier why shall be
convicted by a general cmrrt martiyl of the
crim* <>f desertion. '' By the act of January ;
11, 1812, an additional penalty was prescrib- .
ed for desertion, "and it was declared that ,
"such soldier shall and may be tried by a
court martial and punished." Brightly's!
Dig., 80, The i3th section of the act of,
March 3d, JS63, which declared that any
person failing to report after due service of!
notice that he had been drafted, shall be !
deemed a deserter, enacted that such a per- j
sou "be arrested by the Provost Marshal
and sent to the nearest military pest for trial
by court martial , unless upon proper show- j
ing that he is not liable to military duty, the
board of enrollment shall relieve him from
the draft." All these acts of Congress ;
manifestly contemplate trial for desertion by '
court martial and the infliction of no pan- ;
ishmcnt or forfeiture, cxept upon conviction 1
and sentence in such courts. The act of
1806 provided for general courts martial, j
and made minute and careful regulations for
their organization, tbr the conduct of their
proceedings, and for the approval or disap ■
proval of their sentences. Subsequent acts
made some changes, but they have- not re
strained the jurisdiction or diminished the
: isowers of such courts.
It is to *uch a ccrde of laws, Terming a
system devised for the punishment .if deser
tion that the 21st section of the act of March
2i, 1865. was added. It refers plainly to
, pre-existing Jaws, It has the single object
ol increasing the penalties, but it. does not
undertake to change or dispense with the
machinciy provided for*unis line the crime.
The common rules of construction demand
tli at it be read if it had beer incorporated
into the former acts. And if it bad been,
if the act of 1896, and its supplements had
prescribed that penalty for desertion or fail
ure to report within a designated tiutc after
-notice of draft which the act 0f1363 declares
desertion should be punished on conviction
of the same with forfeiture of citizenship
and death or in lieu of the latter such other
punishments as by the sentence of a court
maidal may be indicted, would any one con
tend that aDy portion of this punishment
could be indicted without conviction and
vntence? A. -u redly not. And if not; so
must the act of 1805 be construed now. It
means that the forfeiture which it prescribes,
like all other penalties for desertion, must
be adjudged to the convicted person after
trial bjr a court martial and sentence air
proved. For the conviction and sentence
of such a court there am be no substitute.
They alone establish the guilt ofthe accused,
and fasten upon him the iega' consequences.
Such we think is the true meaning of the
act, a construction that cannot he denied to
it without losing sight of all the previous
legislation respecting ihc aiue subject mat
ter, no part ci which does this act profess to
alter.
It may be added that this construction is
not only required by the universally admit
ted ru'es of statutory interpretation, but it
is in harmony with the persona! rights se
cured by the constitution, and which Con
gress most be presumed to have kept in view.
It gives to the accused a trial bctore sworn
Juugus, a l ight to challenge, an opportunity
of defence, the privilege of hearing the wit
nesses against him, and of calling witnesses
in his behalf. It preserves to him the com
mon law presumption of innocence, until he
has.been adjudged gudty according to the
forms of law.
It gives finality to a single. —If tried by a
court martial and acquitted, bis innocence
can never again Ire called in question, and
lie can be made to suffer no part of the
l>cnallies prescribed for guilt.
On the other band, if a record of convic
tion by a lawful court be not a prerequisite
to suffering the penality of the law, the act
i of Congress may work intolerable hardships.
The accused will thus be obliged to prove
his innocence whenever the registry of the
provost marshal is adduced against him. No
decision of a board of election officers will
protect him against the necessity of renew
ing his defence at every subsequent election,
ani each time with increased difficulty aris
ing from the possible death or absence of
witnesses. In many cases this may prove a
1 gross wrong. Tt cannot be 3 nub ted, that in
some instances (here were causes that pre
vented a return to service or a report, by
persons registered as deserters by Provo3t.
Marshals, tint would have been held justify
ing reasons by a court marijal, or at least
would have prevented an approval of the
court's sentence. It is well known also that
some who were registered deserters, were at
the time actually in the military service as
volunteers, and honorably discharging their
duties to the government. To holu that the
act of Congress imposes upon such the ne
cessity of proving their innoecnce without
any oonviotion of guilt, would lie unreasona
ble construction of the act. and would be at
tributing to the national legislature an in
tention not warranted by the language and
connection of the enactment.
It follows that the judgment of the court
below upon the case was right. The plain
tiff not having been convicted of desertion
and failure to return to the service or to re
port to a Provost Marshal, and not having
been sentenced to the penalties and forfeit
ure.-. of the law, was entitled to vote.
And now. to wit, June2o, 1860, the judg
ment ol the Court of Common Pleas of
Frank'in county is affirmed.
GEO. W. Woep\v.\<N>.
Chief Justice.
WooDW.ttU) C. J. —I concur in the con
clusion stated in the above opinion, and m
most of the reasoning by which that conclu
sion was reached. But Ido not concur in
treating the act of Congress as a valid enact
ment for I believe it to be an espost facto
law in respect to all soldiers except such as
committed the crime_of desertion aft n-the
date of the law. This is not a case ol deser
tion subsequent to the enactment, but prior
to it, and the penalties of the offence are
such as were fixed by law when the offence
was committed, and it is not competent for
the legislature to increase them except for
future cases.
THE EUROPKAN WAR.
The CUOMO, which have lctl to it.
No single cause can be assigned for the
war which has just burst upon Europe, but
the pretext upon which Prussia and Aus
tria fight, is a very simple matter. By the
defeat of Denmark, whom England encour
aged to go to war and then deserted, the two
great German Powers became in 1864 joint
possessors or me ttuciucs or oeuioig,
Holstoin, and Lauenburg. Less than ayear
afterward, Austria sold her rights in Lau
enburg for 2.500,000 thalers, and by the
Convention oi' Gastien it was agreed that
the occupation should terminate, that Aus
tria should tako possession of Holstein, and
Prussia of Schleowig. This was one step
in tho negotiation by which Prussia expect
ed ultimately to become master of both
Duchie-. but beyon l tbi point Austria
refused logo, and rejected every proposition
fur the final ccr <ion of her lights to Holstcin
—a jirovince of little value to Austria, but
of great value to Prussia on account of its
nearness to its frontiers, and oi its seaport,
Kiel. As the diplomacy of Prussia grew
more and more urgent, Austria, on the first
of June last, handed over the question to
the Federal Diet of Germany. This step
Prussia instantly denounced as a violation of
the Convention of Gastefri. since by that
Convention it had been agreed that all mat
ter relating the Duchies should he .settled
between Austria and Prussia independently of
the Confederation. Prussia, therefore,declar
ed that Convention at an end, and insisted
that, a a couseoueacc, her right to the joint
occupation of flolstein was revived. She
prepared, therefore to march troops into that
! luihy
Long before the dispute had reached this
point, the menacing tone of the negotiations
between these two great Powers had warned
Europe that the Continent was oh the <*e
of war: and tho rest of the States were not
less interested in he approach of war than
Austria and Prussia themselves. There
are, in the first the minor States of
Germany, forming with Austria and Prus
sia the Germanic Confederation. In that
Confederation, two struggles have long been
proceeding side Li .Tie ; First the struggle
! between Austria and Prussia for a controll-
YOLI ME 39; SO 49.
ing influence on the whole Confederation ;
SECOND, the struggle of the people, inclu
ding the people ot Austria and Prussia as
well as of the minor States, toward a Ger
man nationality, which should embrace
under one government all German-speaking
Imputations. No war could occur which
1 should not have an immense influence upon
those two issues. Austria has succeeded in
attaching temporarily to her side a majority
of the minor States, and the Federal Diet,
reprojenting a population of 111,000,000,
exclusive of Austria and Prussia, has declar
ed in favor of the former. Neither Austria
which still obeys the despotic traditions of
the House of llapsburg, nor Prussia which
is ruled by Bismark, a minister whose policy
is nothing /*/ the people, has any sympathy
i with the aspirations of the German Liberals,
but both have conciliated and used the pop
ular feeling as one instrument in their strug
gle for supremacy. In point of fact, it is
this desire for leadership in Germany which
drives Austria and Prussia to arms, and by
no means their misunderstanding about the
petty State of Holstein. All the Holstein
difficulties could be readily enough arranged
were it not for the irrepressible conflict De
tween the two Great Povers, either to
establish an ascendency in the present coun
cils of the nation, or to become its recogni
zed head whenever its political reorganiza
tion shall take place. The minor German
States, are not at this moment the most im
portant element in their situation.
More than any other European Power,
Italy welcomes the coming war. Since the
Peace of Villafranca, in 1859, left Venctia
in the hands of her Austrian tyrants, Italy
has watched, and waited, and prayed for the
moment when it might be possible to strike
a blow for the liberation or that province
and the unity of the Kingdom. As soon as
it became probable that the negotiations
between Austria and Prussia must end in
wai\ Italy sent an envoy to Berlin to con
clude an offensive and defensive alliance
with the enemy of Austria. Prussia bound
herself not to make peace till Italy should
be able to make terms with Austria, and
Itajy, joyfully pledged to stand or fall with
Prussia. War, itriced, had become a ne
cessity to Italy. In maintaining a great
army for the defence of her V cnetian frontier,
her treasury had strained its resources to the
utmost, and her most provident statesmen
agreed it was better to hazard ercrrtbing in
a war which had a reasonable chance of
success, than to sink slowly into a hopeless
bankruptcy. The Italy which believes in
Garibaldi was impatient for an opportunity
to redeem its piodgc to its brothers in
\ enctia. A ictor Emanuel's sympathies
were on the side of the people, and his
personal influence had been thrown, when
ever it was possible, in favor of the party of
war. The enthusiasm for war was general,
and as soon as the probability of an alliance
with Prussia was made known, the prepa
rations for war proceeded so rapidly that,
even if Prussia and Austria had made peace
it would have been scarcely possible to re
strain the volunteers* under Garibaldi from
crossing the Venetian frontier. On her *idp
are the sympathies of the world. America
might care little for the quarrel between
Austria and Prussia, but the emancipation
of Venetia is tc us the most interesting
question of European politics, and whoever
fights on the side of Italy we welcome as the
ally of Liberty.
Behind Italy stands France. Napoleon
may or may not mean to put his sword in
the scale at the outbreak of war, but he is,
in some contingencies, the inevitable anato
mist of Austria. If the war went hard with
Italy, the author of the Peace of Villafranca
could not look on while the Austrian eagle
again flew over Mila His co-operation
amounts to a virtual security that Italy can
not conic out of this contest any worse than
she goes in. He will choose his own time
to fling down his gauntlet and announce his
terms, but from the moment the first shot is
fired on the Silesian border, the Emperor
of the French is the arbiter of the situation.
Austria may conduct a contest against Prus
sia and Italy with some hope of success.
Let France join the alliance, and there is no
future for the Hapsburgs.— Niw York
Tribune.
waiiT£R SCOTT.
Scott has done more for Edinburgh than
r'l her great men put together. Burns has
hardly left a trace of himself in the northern
capital. During his residence there his
spirit wassourcu and he was taught to drink
whiskey punch—obligations which he repaid
by addressing ' Edina, Scotia's darling seat,"
in a copy of his tamest veises. Scott dis
covered that the city was beautiful—he sang
its praises over the world —and he has
put more coin into the pockets of its inhabi
tants than if he had established a branch of
manufacture of which they had the mono
poly. Scott's novels were to Edinburgh
what the tobacco trade was to Glasgow about
the close of the last century. Although
several laborers were before him in the field
of the Border Ballads, he made fashionable
those wonderful stories of humor and pathos.
As soon as '"The Lay of the Last Minstrel"
appeared, everybody was raving al>out Mel
rose and moonlight. He wrote "The Lady
of the Lake," and next year a thousand
tourists descended on the Trosachs' watched
the sun setting on Loch Katrine, and began
to take lessons on the bagpipe. He irapro-
VUd lliC llJgLlautlo ouj piuvU cm*
Wade did when be struck through them his
military roads. Where his muse was one
vear a mail coach and a hotel were the next
llis poems are grated down into guidebooks.
Never was an author so popular as Scott,
and never was popularity worn so lightly
anc gracefully, in his own heart he did not
value it highly; and he cared more for his
plantations at Abbots ford than for his
poems and novels. He would rather have
Deeu praised by Tom Purdle than by any
critic. He was a trreat, simple, sincere, warm
hearted man. He never turned aside from
his fellows in gloomy scorn: his lip never
curled with a fine disdain. He never ground
his teeth save "-hen in the agonies of tooth
ache. He liked society, his friends, his dogs
his domestics, his trees his historical nick
nacks. At Abbot sford he would write a
chapter of a novel before his guests were
out of bed, spend the day with them, and
then at dinner with his store of shrewd Scot
tish anecdote brighten the table more than
did the champagne. When in Edinburgh,
any one mignt see him in the streets or in
the Parliament HouEe. lle was loved by
everybody.. No one so popular among the
sonters of Selkirk as the Shirra. _ George '
TV., on his visit to the northern kingdom,
declared that Scott was the man he most
wished to see. He was the deepest, simplest
man of his time The mass of his greatness
takes away from our sense of its height..
He sinks like Ben Cruacban shoulder after
shoulder, slowly till its base is twenty miles
in girth. Scotland is Soottland. He is the
light in which it is secn. He has proclaim
ed over all the world Scottish story, Scofti-n
humor, Scottish seeling Scottish virtue and
he has put money into the pockets of Scot
tish hotel keepers, Scottish tailor&Scottish
boatmen and the drivers of tie Highland
i mails. — A Summer in Skye.
KATES OF ADVERTISING.
All advertise meats lor less than 8 laonthe It
ceaw pe' luefor each insertion. Special aoflees
one half additional. All resolutions of Associa
tion, communications of a limited or individual
interest and notices of maniajjcs and deaths, ex
ceeding five lines, 10 cts. per 'inc. All legal noti
xf* of . e J. el 7. ki f d ' an ' l aU Orphans' Court end
other Judicial sales, are required bylaw b, oe pub
lished in both papers. Editorial Notices 16 cent,
per line. All Advertising due after first insertion
A liberal discount made io yearly advertisers.
8 months. 6 months, lyear.
One square. $ 4.50 $ 6.00 $10.69
Two squares 0.00 9.00 J6 00
Three squres 8.00 12.00 20.00
One-fourth column 14.00 20.00 36.00
Half column 18.00 29.09 46.00
One column 30.00 45.00 HOOO
TOO GREAT TO U£ TRIE,
In otic of the battles during the Mexican
war, a colonel was severely and dangerously
wounded ;he was taken to a neighboiing
hacienda to be nursed. This hacienda, or
plantation, was some distance in the coun
try, and its master, a wealthy Mexican,
had lived on it all his days. He was a gen
tlemanly, pleasant person, and did all he
could to make the stranger comfortable.
After some delay and doubt, the colonel was
pronounced out of danger, but his conva
lescence was slow. The Mexican showed
him every courtesy. As the invalid grew
better, and as the host was a tolerably intel
ligent mat;, The two gentleman naturally fell
into conversation over their wine and cigars.
The Mexican loved to hear his guest tell
of the various improvements modern sci
ence had made in the machines and engines
used for manufactures and commerce
in that outer world of which he knew so lit
tle. Born and brought up on his hacienda,
quite out of the reach of modern books and
journals, he was entirely in the dark as to
a!'these things, So the American officer
being a fluent and graphic talker, described,
agreeably to his host, the steam engine, ani
! its various uses, and many other wonder s,
which sounded to the Mexican as marvel
lous and mnch more exciting than his holy
legends and his church miracles. He lis
tened to his guest with a childlike faith
that was interesting, never doubting a word
he said.
One beautiful moonlight evening, they
were walking the full length of the long gal
lery surrounding the house, smoking and
enjoying the freshness of the air after a
heavy thunder shower. The lightening still
played in some clouds along the norizon, and
as the colonel looked at it, he commenced
describing the electric telegraph The pro
found silence of bis host made him the more
earnest; he grew even eloquent, and gave a
glowing account of its discovery, appli
cation and use. When he arrived at tie
close, noticing that his host did not ask the
usual questions, he said, "Is it not wonder
ful ?"
Yes," answered the Mexican coldly,
taking the cigar from his mouth, and lean
ing his back against a pillar of the high gal
lery, "it is very wonderful. Every thing
you have been relating to me colonel, is
wondcrfo'. But I tell you what is more
wonderful still, your powers of invention.
I have been listening to you now for some
time, but believing with the innocence of a
child all the great things you have been
describing, I might have known they
fables, but I did not: nor should I have
suspected you, if you had nc', created this
last story. Now I know that they
all untrue.''
It was useless for the colonel to assure his
incredulous host, he never gained any cre
dence after that last great demand on his
iaith.
PERSONAL SKETCH OF TENNYSON.
A wiIUM, siyHug billisclr' ' Harry Hare,
wood Leah, writes a letter about Tennvson
from which we make the following extract:
"He (Tennyson) is perhaps five feet nine
inches in height, but he stoops much as he
walks, and thus looks shorter. He does not
seem to be above fifty years of age yet his
gait is feeble and the wearing of glasses adds
to the impression of being older. His dress
is extremely old fashioned, indeed he looks
more like an old picture stepping out of a
frame, than a gentleman of the nineteenth
century. His coat, short in the waist was
of a gray ruixed color, and fitted him very
tight; vest and trowsers of the same materi
al. Around his ample shirt collar a black
cravat was loosely tied. But nothing could
detmet from the power of his massive fore
head, high and broad, and nothing could bo
more picturesque than the long black hair,
fine as silk (but plentifully mixed with gray)
which fell over his fine head down even to
his shoulders. His eyes are dark gray, I
think and have the peculiar appearance
about the lids common to all students aud
especially night readers, which is very clear
ly perceived and defined by photographs of
the poet. His mouth is constantly smiling
but his eves seem to be absent while he is
speaking searching everywncn,- tor some
thing that is not present—that strange
speculative look that is not easy to convc*
by description, and must be comprehended
rather than clearly defined. His voice is
rich and sonorous, but he chooses his words
slowly and I shor'd think by this betxa s
that in his composition he is equally carelul
and slow.
A Siiokt Love Story.—Here is a story
by one Morgan, a sea captain, concerning a
husband at sea, which maj afford a com
fortable hint to young ladies:—
Single ladies cross the water under the
special care of the caDtain of the ship, and if
a love affair occurs among the passengers,
the captain is usually the confidante of one
or both parties. A very fascinating young
lady had been placed under Morgan's care,
and three voung gentlemen fell desperately
in love with her. Tncy were equally agree
able, and the young lady was puzzled wuich
to encourage. She asked the captain's ad
vice. "Come on deck," he said, "the first
day it is perfectly calm. The gentlemen
will, of course, be near you. I shall have a
boat lowered down and you jump over board
wiu ao KWII nf tha gontbtiMin will jump
after you, I will take care of you."
A calm day soon came, the captain's sug
gestions were followed, and two of the lov
ers jumped after the lady in an instant,
But between these two the lady could not
decide, so exactly had been their devotion
She again consulted the captain, "Take
the man that didn't jump; he is the most
sensible fellow, and will make you the best
husband,"
JONEs has discovered the respective na
tures of a distinction aud a difference. Ho
says "that a little difference" frequently
makes many enemies, while "a little distinc
tion' ' attracts hosts of friends to the one on
whom it is conferred.
Iv one pine tree can make pitch, how
many will it take to make a pitcher ? If one
twinge of pain make an ache, how many
will make an acre ? And if it take four men
two days to cat a ham, how long will it take
to cat a ham mer?
*£s&* A poor Irishman, who applied for a
license to sell ardent spirits, being question
ed as to his moral fitness for tho trust, re
plied: "Ah shure, its not much of a charac
ter that a inan needs to sell ram."
who indulges his sense in any ex
cesses renders hitnseif obnoxious to his own
reason, and to gratify the brute, in bint dis
pleases the man , and sets his two natures at
variance.
m~A boy entered a stationary store the
other day and asked the proprietor i what
kind of pens he sold. "All kinds, was
| the reply "Well then I'll take three cents
! worth of pig-pens.