<Ur Bedford jgnqnim IF I'L 151-JSHKI) IVEKY FRIDAY MOIiNiNG, BY J. it. I*l SBOftßOtt AM JO t'A IJ TZ, BEDFOB1), IT.NN'y. HMM •tMeifar it I•: .ILL!,: ..-J.-jure, li ***** t-Mtiti rL ; "* **. so. If ni pi<l * " I Sre )r*U* *.. 4 ITOKXEYH AT LAW. . P. TTSTFTFT* J. W. I>IC*KBO* MAYERS * DICKERSON. ATTORNEYS AT LAW, BKi>rBU, P*s'i- Offioe uiu mt luruibHy eeupie<l by lli*n. W. P. e*.t of the G-izette offic -, will (•;*-£,in tbc Mvsra] Court? of Betliord county. Uountie® and bacL pay obtained And tbe .ui iiM 4 K<*2 tsls'e * tended to. Mi... I. • !yr. JH JHM T. KEAUY, ATTORNEY AT LAW. ffi*CMfl*V P*s '**, to fpt •iUMikctiuti to *li wu. tmy eii nxrt titrir iogaf Iwmboi to bin. Wilt eoitoel a no* •• evidence: of debt- ;MtL apnedfiy pro- - - - ■* r- 11 .' ahUiw jj,J .*!M hew*. Offiar two Loom *Mt S Telegraph oftec. aprtl! 6-ly. Jit CKB.S.NA, ATTOKNE* AT LAW, Oftre wtfk Jo*F Cessna, <>• JuiiaiiD* strict, in -hi ee f* viawrtr <rpie4 by Kin- A Joidan, recently by Filler A Ktagy. All boatcsi - .pasted to bis OHM will rvcev. c fiitttfd! stud pt-oap attewttoti. Military Clnhee. Pensions, Ac., |isUlt collected. xlfwd, Jane #, ISSS. j iiiHf£ z. v. ke r w iAHARPE A KERK, S J TTOKSE YH-A T-LA W. Wi) 1 practice ta tbe Coortf of Bedford and ad >••:.ilif roaattre. All Imtiaer* entnmted to their apt will tweei*-* eaiaftd end prompt attention, a. gel n. Roaaty, Back Pay Ae., speedily eol < tad frvo* tbe (iwrrottieiu Office t* Joiinae • MMMR* the hanking Ya af Kaed A MkH, Badford. Pa. marirtf joiib ftUICE A liaruej al Urn, Bedlerd, f,. if promptly attend ta all bwameai entrust, i ta Ml eare. Ht. PatttawUr attention paid ta tba ejection rttiT—r -*T* — Office on Julinnne *-. nearly imb tbe Menjal Hoaaa.) jne.tr. '5.1 j ft. WitßOßs*W..aMeee.as. 1.1? TZ. I URBOBR'>" A Lt'TZ, 1 I .* TTUtLXE * -f T L.I ll*. Efitoks, PA., It ! uLead prompt!> ta all kdoen intruded t* aa r e** < aUa- tw* wunle on tbe *brte.*t no- They am , also. *ejtw!rla He*e.H Claim Agenlk iv ' will rive apwial attention to the prosecution at ' -iws **ui.-t tb ••overament for !"en-acr, bark re7b-. jiity. Buuit Land., Ae. '.s .. B Jaliens rtawet. at door Iteutb of tbe v. • at Himt" and neeriv <*ppmte tbe /sywVer tpril SC. IMA:t I T-L V >L AL.*I P, VJ : ITTOEITTY AT LAM, Banro*a, PA., *• iiutbfcMy *adpeufidy at .t,d toaß bn*i- P s ewmawNwdto'bra ear. m Ka. i*rrd aedadi >'- mg ftunt Mil.tars , lims. l'eu.-ion% haak i. Boaota. Aa. up atari; aoliarad. <>Mer with tat A S; iar. ua Jalien. street. 2 dat>ra aoutb ' -be Menge! Hmm afd 1. USA—tf. M. A- HriStK ATTuRNK! AT LAW. ibinui. PA. ' i 1 >IIII.IXI taadem pr-daeetMaaJ art ieea ;bc |H. ♦-• wi'b J. W. Lkageefrlter. aa .an Jaleene et art. ta *Pers ■ naik f tba 'Vita|lr ft oner " War A ItMstf. Kma IM MLi.l. AN 1 UV.MNFKI.TNK. ATTtIRNEYf* ATLsW. iioross. r. Ham I -mica a partoervk'p la tba pcactH* M b La tdbeeaa Jahana Pteeat.taroAaarr Poutb rss n Rny*l Mao or. ..*•!. inM -tf | < ti* SWWKH, > ftTTMtMT ITI AW. It* v.e.i*ll. PA. AFML I, IMT—TF. IPKWTINTW. a -iii A...—■—•—'• c. nraaics. in. | iLATIbOi, Ewtoti, PA. I * . i. L'aei B-ad.-f, <#•*.;..* A"' ssd. Ai! • •Mara'..,uii nartawtcj; U, or Mr .■fTtrmrbtTT canfallj ail fai<Ua% |t - q Vb r ift&lr *- T£Jt*> CAHU. i ootb Pis.br. Rs.ntb Waeb, oreiicnl ae .** aim my* *® I |LNTIHTKY I " L A". DPV stl. HreforaT 1 uT. W •- '. ■ wr. Pa— * xetcs Hcsdj Ran three iiji of eaeb a j-b aa.dt; a rib tbr second of W u.eti. pi—pw'-" ta perform ad ISati! "per . u-** aKb abut, be may he favored. Ttrmm • him tkr saas A V af od I otd| <ad rsggft 6f - . .mi rvmirmrL Work to Ik aeet hy maii of oth , niost ha tool h*r aWea tospreeeions are taken. PHVRHIiIM. li'M W. JAJOMV, M. b, VI Btvs-ft Kt *. Pa, K'apart fall, mad TP bis ptofcaidnnal aerei. es ta "he pM'W of that place and rVintty. [deaH lyr | K K. P- ¥ II ARK V ' f 'fc.' waders bu pruto.si-nai scr •oaa ta tba obmem of Radford au-1 vicinity. •#::e mm* raetdaaca PiitbAnoat, u bunding ••merit eecwpiedbj Dr. J-If. Ho€n. April 1. IM4—tt. I 1. VAKBBI'IB, M. I>, •I . ilaeing periaaeentiy located respactfmiiy - nam bit pofesriosai irrriws to tbe ritLsens OMce on JaUana street, i iiillit thr Back, owe d*>or north of Hall A Pal mcr . dice. April 1, HMM—tf. BAXKEBK. t . m. ka rr,....0. n. vßA*irn...—F. mviaii t >. pp, bHtxxoT A 00, hankers I V bn-irwan. PA.* MM UF DI*<HXT AND DTP'JEIT. fLL <CC3TOSIP made for the Kant. Wast, fliartb and P atl and tb genera! Vnrtaes* orStebangc. ■ru -*.. Rotes oad AewahwtM OotMcwd Aud Keaittmcw ntwmjKly Riade. RB.tl BBTATE I. egbt andaold. sje.li,Tl-tf. JEW J".J.I".Mi. tXrc. t ÜbAXsßlf HIU.ICU, .T t.lo; k A Wtirknalir and Jeweller, BI.OOPT ROM, PA. t locks Watcbea, Jewelry, Ac, promptly rc vsuwd. AM work entrusted to hi* care, warranted ' fAAB AdklAijU titHA. .Ie ahw keep. <• band and for sale WA TOH KX. CLorrF and Jt WELM Y. gf Otec wit" Dr. J. A. Mann. nivt | -UN KJiIRLND, 'J CLOU ANf* MATCH MAKER, us d. l uAto'* JtahM Tak^.rai.ii Office, BEDFORD. PA. Ciuaka, na'iibta. and all kind, of jewelip m -aipsn . ipairod. All work eatrndti du> bu care . * arras, tad to >• ontiM entisfacti m. Lo3 lyr | I tANI EL RkKDI-R. I ' Prn trust, raw Wi i- ■-•* tit r nn SWTBA. Baa ran*, fa. M UMAKKR AMD DEALKK IN JliW EL KY. SPKCTAI LKK AC. Uc taaaw an band a Mock of Una Gold i nd Jit- '■ ' "*> -rhas, hfocticin of Briiliani Diwbl-. Kef n- j id • iai'eac, aisc tieatrb Pabh'c Glasses, (lo.d | A -lei Ckatns, Jiacst Pins, Finger Kings, heal j af Gold Pant. Ha wil supply U> Tder say isunf R kit lute not on hand. H" n. lf€f —at- Dw. (JRGCRX WHOLEbALE TOBACCOSiST. 'tn f can Mraat a few doors wast yf lite Court •-•as, Bank side. Lv .wii, Pa, i, now prspai '•amfi if abolatain lU kinds of CIOARH. AH W* * i A LOCAL AND NEWSPAPER, DEVOTED TO POLITICS, EDUCATION, LITERATURE AND MORALS. Dt'KBOBROW A LIFTS Editors and Proprietors. fotßg. , HUT IN HEAVEN. | Talking till late out; eve. Of the various doctrines the aainls believe. That night 1 -triod in a troubled dream. By the side of a dark flowing stream. l And a "Churchman" down to the river eaine, IVhen 1 heard a strange voice call his name: , "Good father, stop when yon cross this tide You must leave your robes on the otberside." j Hut tbe aged lather did not iniad, And his long gown floated out behind. AIM* au WL, U thv HIMIU bJe way he wuk. ; His pale hands clasping a gilt edged book. "I'm bound for Heaven, and when I'm there, I shall want my book of Common Prayer: And though I put on a staiy crown, I should feel quite lost without my gown." Then be fixed his eye on the shining track, But his gown was heavy, and held him back, And the poor old father tried in vain A single step iu the flood to gain. I saw hint again ou the other side, But his silk gown floated on the tide, : And uo one asked in that blissful spot, Whether he belonged to ''the Church' or not. i Then down the river a Quaker strayed, His dress of a sober hue was made,* "My coat and bat must be all of gray. T caunot go any other way." Then he buttoned his coat straight up to his chin, And steadily solemnly, waded in, And his broad-rimmed hat he puiied down tight Oter Lis forehead so cold and white. But a strong wind carried away his hat; A moment he silently sighed over that, And then, as he gazed to the farther shore, ' Th e coat slipped off,.and was seen no more. As he entered heaven his suit of gray Weut qaietiv sailing away—away, And none of the angelsouestioned him A bout the width of bis beaver's brim. Next came Dr. Watts, with a bundle of psalms Tied nicely up in his aged arms, And hymns as many, a very wise thing, That the people ia heaven, "all round." might sing. Hut ! thought that he heaved an anxious sigh, As he saw thai the river ran broad and |)igh. And looked rather surprised as. one by one, The Psalms and Hymns in the waves went down. After him. with his MS$.. Came Wesley, the pattern of godliness. But he eried. "Dear me, what shall I do?" •"The water has soaked me through and through." Aud there on the river, far and wide. Away th®y went down the swollen tide. And the'saint astonished, passed through alone. Without his manuscripts, up to the throne. i hen gravely walking, two saints by name, Down to the stream together came : But a? they stopped at the river brink, i saw one saint from tbe other shrink. •"Sprinkled or plunged, may I ask you friend, How you attend to life's great end ?" "TAwswiib a few drops on my brow," But I have IK en dipped, as you'll see mcnow. And 1 really think it will hardly do, As I'm "close communion." to cross with you: You're bound, I know, to the realms of bliss, You must go that way, and I'll go this." Then straightway with all his might. Awav to the left—his friends to the right: Apart Ihev weut from this world of sin. Bat at last together they entered in. And now. when the river was rolling on, A Presbyterian church weut down : Of women they seemed an innumerable throng, Bel the men I could count as they passed along. And concerning tbe road they would never agree. The old or the uitr way. which it could be, Nor ever lor a moment paused to think That both would lead to the river's brink. Aud a sound of murmuring, long and loud, Came ever up froiu the moving crowd, "You're in the old way, aud I'm in tbe new. That is the false, and this is the true." Or, "I'm in the old way. and you're in tbe new, Thai is the false aud thix is the true. •Bnt the brttkren only seemed to speak-- Modett the sisters walked, and meek. And if ever one of tbena chanced to say What troubles she met with on the way, How she longed to pasu on the other side, Nor feared to eross over the swelling tide— A voice from the brethren then, j 'Let no one speak but the holy men For have ya not heard the words of Paul, 'Oh. let the women keep silence all ?' ' I watched them long in my curious dreatn, 1 Till they stood by the borders of the stream; Tien jnst as I thought the two ways met, But all the brethren were talking yet, | Aud would talk ou till the heaving tide Carried them over, side by side : Bide by aide, for the way wts one, The toilsome journey of life was done. And priest and Quaker, all who died, Came out alike on the other side N'o forms, or crosses, or books had they, So gowns of silk, or suits of gray, j No creeds to guide them, or MBS., I For all fcad put on Christ's righteousness. An impatient boy. wailing lor a grirt, Hid to the miller : "I could cat the weal as fiaaias lbo mill grinds if." "How long could you do -o T inquired the miller. "Til! I starved to deatfc," was the sarcastic reply. ortUsrfUrtncous. RUBER VS. KKILLY. Dissenting opinion by Agnew J. It ia admitted that Henry Rcilly was a citizen of the United States, owed military service, and was duly enrolled, drafted and notified, and refused to report himself; and failing to appear was duly registered in the provost marshal' office as a deserter, hay ing neither furnished a substitute, nor paid commutation. The 11th section of the act of Congress of the 3d of March, 1-563, entitled "An Act for enrolling and calling out the national forces," makes al! persons enrolled subject to be called into mmtary sendee. The 12th —o—itow movkUi; Tor th<. nail hy the Presi dent, and its exeeutior by a draft, and that those drafted shall appear within a fixed time after DOtice. The 13th section provides for commutation for service, or substitution, and then deelares —"And any person failing to report after dve terrice of notice , as herein prescribed, without furnishing a substitute or paying the requi red sum therefor, shall be deemed a dutei ter, and shall be arrested by the provost marshal and sent to the nearest military post for tria' by court martial,'* &e The 7th section of the law makes it the duty of the provost marshals "to arrest all deser ters, whether regulars, volunteers, or mili tiamen, or persons called into the service under thi3 or any other act of Congress, wherever they may be found, and to send them to the nearest military post," It is clear, therefore, that under this act, Reilly was called into the military service, and became a deserter, subject to summary arrest and to trial by the express terms of the law. In this condition he was found by the act of Congress, approved tbe 3d of March, 1865, which provides —"That in addition to the other lawful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States, who shall not return to said service, or report themselves to a provost marshal within sixty days aftei the proclamation hereafter mentioned, shall be deemed and taken to have voluntarily relinquished and forfeited their rights of citizenship and their rights to become citizens; and such deser ters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof; and all persons who shall hereafter desert the military or naval service, and all persons who being duly enrolled shall depart tbe jurisdiction of the district in which he is enrolled, beyond the limits of tbe United States, with intent to avoid any draft into the military or naval service, duly ordered, shall be liable to the penalties of this section. " Then follows the provision for the proclamation. Tbe act is entitled "An Aet to amend the several acts passed to pro.'ide for the enrolling and calling out of the national forces," Ac., and being pari materia, ap , plies to those who fail to report according to the act of 18<>3, and are declared by it to be deserters. Ou the 11th of March, IR&>. Pi eeideni Lincoln issued his proclamation, reciting the law, and notifying all deserters to return to service or to report to a provost marshal on or before the loth of May, 1865, extending pardon to those who did, and notifying those who did not of the penalty. This exposes to view the true operation of the act of Congress of 1865. It came to the deserter with an offer of pardon j for past offence, if he would return to duty, but imposed the penalty of disfranchise ment for his second act of disobedience, if he fail to obey. The supposed ex post facto character of the law. has, therefore, no place in the argument It was not for his former desertiou it inflicted the new penalty, but placing him under a new call to dutyj it disfranchised him for his new act of insubordination. Just at ibis point is seen the high necessity of a power to enforce tbe draft The law would be brutum fuliuen, and the draft but voluntary service, if the penalty for refusal be inadequate. Military service i 3 an imperious necessity, dangerous to life, and requires even the death penalty to enforce iL DMrnnchise uient is for less, life being the gift o! God alone, while citizenship is derived from government. Unable to deny the power to euforce conscription by the highest penalty, those who impugn the operation of these acts of Congress, fall back upon an alleged want of power to conscript, resting their argument against the plain and express words of the constitution, not on a prohibi tion found elsewhere in the instrument, but upon strained inferences, and tbe feeble liosition that individual interest stands high er than national life. I will now discuss at large the power to draft, this having been done in 'Jth Wright, 238. 306, Kneedler v. Lane. But as tbe authority of the second decision in that case was relied upon in the argument, and denied by one of the bench, I am bouud, in defence of that decision, to say, that no great national question has been so completely settled as this ; not alone by the judgement of this court, but by the united voice of the people, the general government, and all the States. In no State that I remember, was any atteenipt made through its public functionaries to condemn the power or obstruct its exercise. And even here, if this State be considered an exception, tbe final judgement of this court, placed upon its aekoowledged basis of constitutional right. The States in relwllion, under a constitution copied from our own iu all these respecta, exercised the power to its fullest extent. The example of an illegitimate Sovernraent is entitled to no respect, but as cnoting the opinions of a class of men notorious for their strict construction of Federal powers, it has weight. Owing to this universal conviction of the nation's rightful powers, it stands at this day a living and happy illustration of their authority, and the necessity of their exercise. A gov ernment without a power to enforce obedi ence of feebleness only parallel to its sup posed inability to coerce a State into per formance of its Federal duties. The Federal constitution was formed by men who had gone through the stormy period of war, and had lived to see the utter inefficiency to raise troops under the articles of confederation, who, having been familiar with the draft in the States, united to frame a government designed to form a more perfect union, to insure domestic tranquility, and to provide for the common defence. They therefore conferred upon Congress ample powers —"to declare WBT" I —"to raise and support armies l ' 'to make rules for the government and regulation of the land aud naval forces' —"to provide for calling forth tbe rnditia"—"to provide for organizing armies and diseipling them"— "to make all laws necessary and proper for carrying these powers into exception. Couching these grants of authority in lan guage of the amplest signification, they added to them no exception for limitations to quality or restrict. Tit these powers they superadded high and imperative duties —to provide for common dofcoce and general • BEDFORD. Pa., FRIDAY, AUGUST 10. 1866. welfare—to execute the laws of the Union, suppress insurrections and repel invasions —to guarantee to every State a republican form of government, and protect each against invasion and domestic violence. Sig nificantly omitting all obligation upon tne States to perform these Federal duties, they added the prohibition that no State should grant letters ofmarque orrepiisal, or, with out cotftent of Congress, keep troops or ships of war in time of peace, enter into any compact or agreement with another State or engage in war unless when actually invaded or in such eminent danger as would not admit of delay ; and cutting off all means of raising supplies and munitions of war, by the further prohibition to coin money, emit bills of credit, or make any thing but gold and silver coiu a tender in payment of debts. Thf*c ampin guarantees or protec tion'against foreign and domestic foes would seem to need po further supplement, yet not oontent with their express grant, the framers of the constitution further declared that this frame of government, and the laws and treaties made under it, should be the supreme law, binding above all state constitutions and laws. After all this concentration of power in a general government, charged with the high est functions of the States themselves, from which it was formed for great national pur poses and for their chief welfare, to suppose that its most vital power of protection and preservation was intended to on mere voluntary enlistment, is so feeble in conclu sion and full of consequence, so wanting in authority, and inadequate to the fulfilment of its purposes, and go pregnant with ruin and loss of national existence, I cannot con ceive how it is possible to adopt such a view. I take it therefore as a proposition sanction ed by the entire nation, and consecrated by tbe blood of thousands, that this nation possesses the power to exact military service of eveiy able-bodied citizen. National sovereignty, from its very na ture, carries with it every element of national life. Tbe duties of the Government and tbe citizen are reciprocal—protection from the one and fidelity and supjiort from the other. To say therefore that government has no power to exact military service is to pass upon it sentence of death. Nor can we measure by any ordinary standard the bene fits conferred upon the citizen b.v the protec tion his government affords. No matter on | what wide or distant ocean his vessel may ride, no matter where his feet may press tbe sands of a foreign soil, no matter what pow er may assail his liberty or his rights, the flag of his her emblem of power, follows his wandering footsteps and covers him with its folds. The voice of her au thority proclaims his protection, and her strong arm averts the blow. No we have been aught. so do all really believe; and yet how insignificant her voice, how feeble her arms, if she possesses no power to enforce her call for trocps. From the power of draft follows of neces sity the power to declare a penalty for diso i bedience. Chief Justice Tilruian, said in the Com. vs. Frisk, 3S. 4 R., 171: "By virtue of this power Congress can make lawn to enforce tbe call, they may inflict penalties for disobedience, and erect courts for trial of offenders." In Moore v. Hous ton, 3 S. & R. 169, the same eminent judge said—the object being to carry the militia into the field, Congress may inflict a penalty on all those who disobey the call of the President." It was decided also by the Supreme Court of the United States, in ! Houston v. Moore. 5 Wheaton, I, and Mar tin v. Mott, 12 Wheaton. that a militiaman who refused to obey the orders of the Presi dent calling him into public service, was lia ble to be tried for the offence under the sth section of the aet of Congress of 28th of February, 1795. These authorities are wholly inconsistent with this theory of vol untary enlistment, and a want of power to enforce military service. The power exist ing, tbe extent of the penalty is within the discretion of the law making power, wheth er it be to forfeiture of life or projjerty, or the loss of citizenship. Possessing power over the subject, Con gress is not responsible for the consequences. If from a legitimate exercise of power over one right, another, dependent on it, neces sarily falls, it is no argument against the power itself. With a loss of life all rights fail. If Congress punish piracy with death, it is no argument against the right to do so. that the offender thereby loses all his civil rights. This is an answer to the supposi tion that the act of Ckmfiress which inflicts disfranchisement for desertion is an attempt to regulate State suffrage. It neither is nor proposes to be a regulation of suffrage, but simply declares a pentkv for desertion, a subject within the Federal power. If a loss of suffrage follow that of citixeuship, it is a consequence of the offence, nor a regulation of suffrage. The State constitution having hung on suffrage to eitizenship, he who for feits his citizenship by a violation of valid Federal law, cannot complain that as a con sequence he has also lost nis right of suffrage, any more than by conviction of his crime his wife and children have lost his protection and support. From the few short words "to establish po3t offiees and post roads," flows the tcrnl'e power to take the mail robber's life, or imprison him for life. Yet who doubts tbat as a consequence of his crime be may lose his liberam legan, be ] stripped of his privilege as a freeman, and be excluded as a witness in t. State conrt ? Unquestionably Congress Las no right to regulate State Suffrage. Our forefathers had uo doubt of this, nor had we, until re cent events have impressed some with a strong desire that it should be so, whose wish has therefore begotton this belief. This ; loads us to the question does a loss of eiti-. zenship produce a loss of suffrage under the State constitution ? The constitution says j —"ln elections by the citizens any white : freeman of tbe age of." Ac , "shall enjoy the right of an erector.'' A citizen of what ? The answer immediately follows—"but a citizen of the United Stales, who had pre- j viously been a qualified voter of this State, i and removed therefrom and returned, and who shall have resided in the election dis- j trict, Ac., shall be entitled to vote after resi ding in tbe State six months.'' Then follows something still more explicit in the proviso —"That white freemen, citizens of the Uni ted States, between the age? of twenty-one and twenty-two years of age, Having resided, Ac., shall be entitled to vote although they shall not have paid taxes." It is very clear, therefore, that elections by the citizens means, according to the State constitution, 1 elections by citizens of the United States. ! Such citizenship being the basis of suffrage | it is unnecessary to inquire into the power : of a State to extend suffrage to all others ; or whether they ean be a State citizenship independently of that of the United States. The right of suffrage being made depend ent on United States citizenship we are con fined by the terms of fundamental State law to that citizenship, and certainly upon this at least the legislation of Congress operates. The conclusion is inevitable that a voluntary , renunciation of eitizenship by desertion is a | relinquishment of suffrage, and this being so, the question remaining is, how this status or condition of the person offering his vote is to be ascertained. It is alleged that it cannot be determined by the election board, notwithstanding it is the only tribu nal established to determine in the first in stance who are qualified voters. In discussing this question-, there is a clear distinction between the }>ositive pains and penalties inflicted upon the deserter, and the negative penalty of his status or condi tion in society. Each flows from the opera tion of this law . but ior the infliction of the former, as jtiinixhmeo', trial and. conviction are essential: while the law itself having declared the latter, no active peralty being provided, the law has provided no further steps, the punishment consisting in the sim ple condition o' the deserter. Should ho never be put sued for posiiiye punishment, his condition of voluntary disfranchisement, still remains as bis status under the law. A full pardon is necessary to restore him. The inquiry which an election board makes into the right of suffrage is not for tbe pur pose of punishment, but simplv to determ ine the existeuce of a privilege. The appli cant offers his vote, and mast establish bis right to it Citizenship is the first subject or inquiry under the election law, and must be ascertained before the vote can be depos ited. Tbe provisions of the general election law of 1839 are plain—"Every person claiming a right to vote at any election as aforesaid, shall, if required by either of the inspectors, make proof," then follows five condition of citizen hip of which the proof is to be made, viz., by birth, by settlement before the 28th of September, 1776, by the oath of allegiance of a foreigner prior to the 26th of March, 1790, by citizenship in one of the United States, admitted and recogni zed therein, and finally by naturalization. The law then defines the proof to be made in certain cases. Thus it is clear that the voter must estab lish his citizenship, and that the election (ward are the triers of the fact. Under the constitution the following facts must be proved by the voter to establish his right. 1. That he is a white tuan. 2. That he is a freemen. 3. Tbat he is a citizen. 4. That he is of lawful age. 5. That he has the requi site State and district residence. 6. That be has paid the requisite tax. The first fact, j color, is ordinarily determined by inspection a legal mode of proof. But if inspection] fail to establish his white blood, will any one say he cannot prove his white parentage or that a qualified elector cannot rebut, by 1 proof of black parentage, by permission, of I the board? As to the second qualification. I freedom beiug the common condition of the people, he is presumed to be a freeman, but j unquestionably this fact may be refutted. As to the third, citizenship, we have seen tbat it is not presumed, but by the express j terms of the tew it is to be proved if requir ed by either inspector. Take the ease of ! one party in the State and a voter for years but who has voluntary relinquished his citizenship here by removal to another State or to a foreign country, say Great Britain, and has been there naturalized by act of Parliament, will any one deny the right to show this loss of citizenship here, or the power of the election board to determine the fact? The disfranchisement in such case is caused by the voluntary act of the citizen and the act is that of removal and acquiring citizenship elsewhere. .As a provable and triable fact in what respect does it direr i from a failure to report to the draft. That he was. drafted, was a registered deserter, and failed to report under the proclamation are facts simply, and just as capable of proof ] as removal to Great Britain and naturaliza tion there. Loss of citizenship is simply the legal consequence in either case. . vrhether by desertion or removal. Then lor what purpose are these facts proved before the board? For the purpose of punishment or the infliction of a penalty? No- -not for these —but simply as facts on which the question of citizenship rests —a question which they must determine before he can be allowed to vote, under a penalty for admitting illegal votes as well as for ex cluding those that are legal. How is it possible to assert that an election board is incompetent to perform the very thing the law enjoins them to do. Theargument that trial and conviction arc necessary ta estab lish the fact of desertion as a preliminary to disfranchisement, is founded in the idea of inflicting a punishment which is incorrect, as 1 have oho wo and in the impression that there is some constitutional impediment to ascertain the disfranchisement in any other mode. But how is the deserter to be tried? Not by a jury, or indeed by auy civil tribu nal. It is a military offence, unknown to the common law, except so rar as that law recognizes its military character and juris diction. How then, independently of the law which declare*- i, is disfranchisement to be established* Not by a court martial, for its proper province is to inflict the military penalties provided, but not to de clare a mere loss of a disconnected right A trial by court martial is a trial for an of teuce, and tbe judgment of the court ouly declares the punishment to be inflicted by military law. But what power does military law confer over political right"? Civil rights such as those of liberty and property, may be involved in the sonsequeuecs of punish ment. But where is the power conferred : by military law to declare tne loss of citizen ship, or suffrage, or the capacity to hold civil offices? The right of citizenship is sim ply political, a mere condition or status oi the individual. It is not sufficient to tell u* that conviction of desertion is necessary before the political status can be known. It is not denied that itisnecssary before the punishment can be inflicted, but those who ; assert the conviction to be necessary to , exhibit the state or condition of the deserter 1 politically, must go further and show that the disfranchisement depends on the convic tion. and that this couvictkm is the only legal evidence of tbe politic*! status of the deserter. But where is this to be fouod iu the law itself or in anv military code, to try ] the fact of disfranchisement? It is just ! here their argument fails, for while they : prove conviction to be uccessary to punish ment, they do not show that it is essential to the political status, or that there is any known power in a military court to pass sentence of disfranchisement, nor do they show that there is'any lack erf power in Con gress to docbire a kws of a political status without such a trial. A civil status is not a right falling within the constitutional guards over life, liberty and property. Tbe right to be a juror, a viewer, a legislator, a magis trate or other civil personage rests upon no constitutional grant, and is guarded by no constitutional inhibition but the qualfication aud the disqualification, whatever they may be, are simply declared by the constitution or tbe law. All those clauses of the consti tution such as secure the fight of trial by jury and against privatum of life, liberty and property, without due process of law are ' inapplicable. Due process of law. meaning t the law of die land, is not trial by jury aioße but (as often decided) is that proceeding • which an act of Congress or of Assembly i provides, except where tlte common law dc ! cUrue uthcrwMe. Murtay'* Lessee v. YOLUME SO; NO 31. Hoboken Lhnd Co., 18 Howard, 27(5: Van Swarton Y. Com., 12 Harris. 292. Hence summary convictions, settlements of accounts, assessments of damages and of taxes, taking property lor public use, the location of high ways and other modes are committed to tribunals proceeding out of the course of common law. Precisely so is the trial of citizenship committed to the election board preliminary to exercising suffrage. When the aet of Congress declared that a deserter, failing to report, should stand in the condition of one renouncing citizenship, it deprived hiui of none of the fundamental rights these constutional clauses protect, but ieft him in full possession of all his natural personal rights. His offence was political against the right of his sovereign to his services; and his punishment is also political to wit, privation of his citizenship. Unlike the natural rights belonging to man by creation, citizenship Jesuits from the law of government, and is regulated by the rule of the country in which it is claimed. Unlike those rights, also, it may be relinquished. No one may voluntarily surrender his life except in response to a duty higher than life. No man may lawfully strip himself of the right of acquiring and holding property, — voluntary pauperism is a crime against society. If to day, by the most solemn in strument, he should release his right to ac quire and hold property, to-morrow he could repudiate it as contrary to reason and to the welfare of mankind. But citizenship may he surrendered. This is recognized in the constitution itself, which provides in the case of removal from the State a probation 01 six months, resideuae before the right can be fully iesumed. Naturalization, un der the law of Congress, is founded on the same principle, and the alien, on his admis sion, not only swears allegiance to this government, but renounces his allegiance to every other government, potentate or power. So far is the right of voluntary surrender recognized that even the declaration of an intention to become a citizen, entitles him to the protection of our flag, and subjects him to military service. Sec. 1. act of March 3. 1863. What did Congress mean when it declares that "such deserters," 1 viz. tliose failing to return to service or to report for duty, " shall be forever incapable of holding any office of trust or proffit under the United States, or of exercising any rights of citizens thereof. M Did they mean this only in the event of con viction of desertion in a military court? Certainly not, or they have said so, a b they did in the proviso to the 4th section of the act of 14th April, 18*32, that no per son who has been b ffiTly elected of haying joined the army of Great Britain, (to wit. a Revolutionary Tory,) shall be admitted a citizeD. The context forbids the idea in saying that ' all persons, who. being duly enrolled, shall depart the jurisdiction of the ' district in which they are enrolled, or go be yond the limits of the United States, with intent to avoid the draft into military or na val serviee duly ordered, shall fx liable to the penalties of this section." Now clearly, " when, Con cress declared tbein incapable forever it did not mean that if they remained abroad until the war was over, the provost marshals were disbanded, and the military courts discontinued, the disability should be condoned by their absence. If a deserter were to present himself to Congress for ad misssion. would his disfranchisement be con sidered cured? And how would the fact be inquired into ? Would a House, authorized to judge of the qualifications of its members, remit nim to a trial by court martial ? Con gress having declared the disability, but ap pointed no tribunal for its enforcement, it will not do to say it cannot be inquired into when it becomes necessary to be determined, not for punishment, but as a condition to the exercise of a personal privilege. And Congress having declared it without refer ence to any conviction, it will not do to say it can be shown by a conviction. Upon the whole case I am of opinion that the election board had a right to determine the question of Henry Reply's citizenship, and for this purpose to ascertain the facts upon which his right to vote depended. It may be that in this opinion I aiu in error, and am misled by my feeling. But if I am it is because every sentiment of my heart and every conviction of my mind have been with my country in the dreadful strife she has maintained. In such a struggle I would not abate one jot or tittle of her pow er, but would rather pour oil on every grating joint, lubricate every point of con tact, remove its friction and increase its motion, that in the end I might see her shooting like an engine of sublimity and power, along a smooth firm track, carrying peace, prosperity and protection in ber train It is proper I should remark that this opinion was written in view of the argu ment at bar, and of what then transpired. I am glad to find I differ from the opinion just read in but a single point, the mode of trial. But when counsel so far forget their duty us to put in print the charge that the act of the last Congress was among its "toonti acts of infamy," it is proper to let truth herself administer the reprimand. GETTING ALARMED. Our Navy Department has performed a doubtful service to the United Slates, and awakened the slumberous personages of the British Admiralty, by sending ex-Assistant Secretary Fox on a foreign excursion with the Miantonamah. The advent of the Miantonouiah has excited the curiosity ot all classes of Eng lishmen, and aroused a general feeling that the queer looking craft they have been inspecting is more than a match for the whole British Navy. TheTiW*. with its usu al readiness and ability in the expression of current opinion has two leading articles on successive days in which this uncomforta ble fact is forcibly stated. The Time* is as unequivocal in it# praise of the Monitors as it is in condemnation of the tardiness and sleepiness of the Admiralty. It says : "We fear Sir John Packington has scarcely realized the astonishing progress made by the navy of the United States. He said the ether day thai,'not only Eng land but every maritime state in Em-ope, more or less, according to its circumstances and means, and also the United States of America, are now in possession of armor clad fleets uf wen of war.' 'Also the Uni ted States.' The plain truth is—and it is ! one which no'onc will deny who has seen ■ what the Americans "are doing—that the Uniced States alone among the nations of 1 the world have an iron-clad worthy of the > name. * # * 'Already the Americans have eighteen Monitors carrying four guns, and and when othera ctually under eonstruc tion are oompleted Mu-y will havo seventy five of various tonnages. Their irou clad fleet is now larger than their whole naval force was in ifSl. Our system is to neg lect the discoveries or inventions of our own ' officers, and underrate those of other nations. _ The Americans have gone upon the principle of sacrificing personal interests,; without scruple, in order to secure the most powerful fleet iw the world. That is dia j HATES OF ADVERTISING. All advertwewent* for less tl.&n 3 months 16 cents per line for encfc insertion. Special notices one half additional. All resolntiona of Associa tion, communications of a limited or indiridea! interest and notices of marriages and deaths, ex ceeding iTe lines, 10 ets. jwr line. All legal noti ces Of every kind, and all Orp bars' Court and other Judicial sales, are required by Unit to l>e pub lished in both papers. Editorial Notices 14 cent, per line. All Advertising due after :|ist insertion A liberal discount made to yearly advertisers. 3 months. 6 months. 1 year. One square. $ 4.10 $ 11.96 $10.60 Two squares 6.H0 11.06 16.00 Three aqures. 8.06 12.66 30.00 One-fourth column 14.90 10.00 34.00 Half uoluma 18.00 25.W 45.06 Ono column 30.00 44.06 8000 tinctly their aim. and they spare no label to achieve it. They think they have suc ceeded already ; but, although this may be a matter of doubt, it is not in the least a matter of doubt that if we do not imitate their energy, and endeavor to improve our navy, we shall some day have cause to rue our obstinacy. The n.ost defective breech loader known to the Americans is an hn measnrably more ;ierviceable arm than the needle gun which has started the war De partment into a spasm of activity, while some of the best of their rifles have scarce ly been seen in this country.. It is exactly the same with their navy : while we are hesitating and delaying the Americans are working and tinishmg. In another article it says : "The royal visitors at hheerneas on Satur day, as well as the numerous pleasure par ties flocking thither on the same errand, saw a very extraordinary and—wc wish we could not feel it—a portentous spectacle. They saw a fabric something between a ship and a diving bell—the Romans would have called it a tortoise —almost invisible, but what there was of it ugly, at once invulner able and irresistible, that had crossed the Atlantic safely, and was anchored in our waters, with the intention of visiting .Russia. Round this fearful invention were moored scores of big ships, not all utter antiquities, but modern, for there were among them steamships, generally screws, and therefore none of them more than twenty years old. These ships form a considerable portion of the navy of this great maritime power; and there was not one of them that the foreigner could not have sent to the bottom in five minutes had his errand not been peaceful. There was not one of these big snips that oould have avenged the loss of its companion or saved itself from immediately sharing its fate. In fact, the wolf was in the fold, and the whole flock was at its mercy." ALEXANDER HAMILTON. What st rikes us most forcibly in consider ing Hamilton's career, is the remarkably early development of his powers. At thir teen he was found competent to take charge of a mercantile establishment At fifteen, his writings won for him public applause aud the aid of his friends. At seventeen he addressed with great success, a public meet ing. At eighteen his anonymous produc tions are attributed to some os" the leading men of America. At nineteen he ha thought out the principle of government which he indelibly associated with his name. At twenty be has not only proved himself a skillful and courageous soldier, but won the esteem of the grave, of the reserved Wash ington. and is placed by that great man in a post of the closest confidence, and which really makes him the second uian in the American service. At twenty-one, he has shown that he is master of the intricate subject of finance. At twenty-five, after an active military life that hail allowed him no time for study, he is known as a lawyer of the first order. At twenty-six he is distin guished as a member of Oongrens. At thir ty. he takes a leading part in framing the Constitution of the United States. And, in his thirty-third year, he becomes the most extraordinary finance minister the world has ever seen. He was a statesman, soldier, writer, orator, and first in each department. He was as ready for all the paits which he filled as if he had been long and studiously trained for each of them by the best instruc tors. All that he did was perfect; and tio one seemed to be aware of his power until he bad established the fact of its existence. Such a combination of precocity and versa tility stand* quite unparalleled.— Atlantic Monthly. HONOR TO A LITERARY MAN.—Bulwer, the novelist is to be created a peer of the English realm, by the title of Lord Lvtton. His Lordship is indebted for this rank of distinction, probably, more to his wealth, social position and poiitturj services, than to his triumphs in the field of literature. In this field Dickens is, and Thackery was his peer yet Dickens is not even admitted in the Court receptions, Maeauley was the first literary man raised to the peerrge in England ami he too, owed his elevation more to his political influence than to the appreciation of his great literary services. Men like Maeauley and Bulwer honor the peerage, rather than are honored by it. What titles that monarch could confer would add lustre to the names of Shakspeare or Milton? As Burns so aptly expresses the popular estimate of titles, "Rank is but the guinea's stamp, The man's the gowd for a' that. HON. CHARLES FRANCIS ADAMS.—The Detroit Tnbvnct correspondent at London refers to our Minister at the Court of St. James in the following complimentary terms : "The respect of Mr. Adams in this country, both among Americans and Englishmen, cannot be overstated. The very qualities which may prevent his per sonal popularity with the many—his cool ness, delicacy and reserve—are the very ones which have made him so snresessfh! in diplomacy. His distinguished ancestry, his moderation, the refinement and courtesy of his bearing, have given him a presrige in the social world of England higher than that occupied by any of his predecessors. He wis cut out for the position he has occupied during the civil war. Had he not possessed the exact qualities of person and social con sideration which he does, he would surely have failed to keep the two countries at peace. A PARENTAL LETTER.—The following let; tor was written by a father to his son in col lege: "My Dear Son: L write to send you your new socks which your mother has just knit by cutting down some of mine. Your moth er sends you ten dollars without my knowl edge, and for fear you would not spend it wisely, I kept back half, and only send you five. Your own mother and I are well, ex cept that your sister has got the measles, which we think would spread among the other girls if Tom had not had them before, and he is the only one left. I hope you will do honor to my teaching; if you do not, you are a donkey, aud your mother and tnvself are your affectionate parents." •®=The shape of the bonnets now in vogue in Paris is called the "Oatalene" and is diamond form, about three inches square from two corner- of which hang ribbons of an enormous width (about six or eight inches I should judge). The addition of a hen or a eanva- back duck, perched ou the diamond, gives it a very recherche api>ei*r ance. • ; PRENTICE says if you want to get a favor from a man feed aim. A man T e s horse cae't be managed till he has a wit in his mouth. wgt-Mrs. Lincoln has presented Fred. Douglass with a cane of her husband's cany , ing out a wish which the latter expressed I shortly before his assassination. 1 KM
Significant historical Pennsylvania newspapers