'I III! ,0. j. GOODLANLER, Editor and Proprietor. PRINCIPLES, not MEN. TERMS :-82 00 Fer Annum, if paid in advanoe VOL. XXXIII WHOLE NO, 1929. CLEARFIELD, PA., WEDNESDAY, CClOIiLR 3, 13GG. NEW SERIES VOL. VII. NO. the UcpMitan. SGEonGE B.Goopr.ANPKii, Alitor. tDNKAY M.ns-isi!:.::::()ct. 3, 1800. Eights and Qualifications of an Elector. 'no . , f..., rnnstitution ol" Pennsylvania.! f VKTICLE 1 Sec. 1. lu election by tho cili- , evfrvwuitc treecianoi uic a,re ui iraij- '.r's, having resided in this Suto one year, in tho election district wnere oo oners iu 4e ten davs imuieUmtely prereuin uiu ciruuuu, I within'two years uid a tte. or County tin. I kh shall have been assessed at lca-t ten ituyg l';n the election, shall enjoy Hip r'urht of an Wot- bu cititen of the Luited Statrs.wliobud euous'v oecn a qimuueu ....... , ,1 removed therefrom, and returned, and who .u hare, resided in the election district, and li'i'id tuxe at aforesaid, ahull he entitled to vote, liivr residing in tho Stale nix nioiilhf: J'rovithd, ,at white freemen, citircn of the V lilted huteK, ,tween the ap t of twenty-one and twenty-two ,rs.aud having resided in tho State one year, ,ni in the election district ten days, as albreaaiit, . -.... ..lit.......!, iliv iihs.ll not Ituaii necnuueu lu iuti,Bnuuii6u - ) ave paid taxes. Tho qualifications established ly this section of the Constitution cau not be abrogated or Bet aside by any Election Board on earth. We admit that a corrupt Legislature, which Bat at Ilarrisburg last winter, passed an act by which they attempt to disfran chise a largo number of voter, and wife out this clause; but in doing so, they have violated tho fundamental law of their State, perjured them selves, and, in their carnival of infamy and disgrace, they call upon tho judges This is followed by a clause author- Iment Congress may impose upon the izing and requiring tho President to 'criminal forfeiture of his citizenship ot tho United States. Disfranchise ment of a citizon as a punishment for crime is no unusual punishment-Barker vs. tho People 2o; Johns 4oH, If by tho law of a State, citizens of the United States only urc allowed to vote, the action or non-action of Congress Its avowed purposo is to may thus indirectly affect tho number penalties which tho law i of those entitled to the right of suf- lrago. let, alter all, tho right is one which its possessor holds as a citizen of a State, secured by the State Con stitution, and to be held on the terms prescribed by t hat Constitution alone. It is an integral part of the Slate Gov ernment. But it is not a correct view of the issue ins proclamation, ana avo Know judiciously that this was done on tho 11th of March, 1805. The act of Congress is highly penal. It imposes forfeiture of citizenship and deprivation of tho rights of citizen ship as penalties lor tho commission of a crime, add to the had previously affixed to the crime of desertion from the military or naval service of tho United States, and it denominates the additional sanctions provided as penalties. Such being its character, it is, under tho known rule of law, to receive a strict construction in favor of tho citizen. Tho constitutionality of the act has been assailed or, three grounds. Tho first of these is that it is an ex post facto law, imposing an additional pun ishment for an offence committed bo fore its passage, and altering the rules of evidence so as to require different and less proof of guilt than was re quired at (fie time of tho perpetration of the crime. The second objection is that the act is an attempt by Congress to regulate the right of suffrage in tho States, or to impair it; and the third objection is that tho act proposes to inflict pains and penalties upon offend ers before, and without a trial and conviction by duo process of law, and that it is therefore prohibited by the Bill of lights. In the view which wo take of this case, and giving to tho enactment tho construction which wo think properly belong to it, it is unnecessary to con sider at length cither of these objec tions to its constitutionality. It may bo insisted with strong reasons that the penalty of forfeiture of citizenship act of Congress now before us to re gard it as an attempt to over-ride State Constitutions, or to prescribe tho qualifications of voters. The. net makes no change in the organic law of the State. 1 1 leaves that as before, to confer tho right of suffrage as it Thej' have no power to compel the ject, was governed by ono spirit and attendance of witnesses, and their policy, and was intended to be consis. judgment if rendered would bo bind- tent and harmonious in its several ing upon no other tribunal. Even if parts and provisions." In looking they were to assume jurisdiction of through tlicinimerons actsof Congress tho offence described in tho act of relating to the desertion from the Congress, and proceed lo try whether military or naval service, it is plainly thc iipplieant lor a volo had been duly ;to bo seen that we all contemplate a enrolled and dratted, whether he bad regular trial and conviction prior lo reeojvod notice of tho draft, w hether , tho infliction of any penalty, and ho hud deserted, and failed to return courts martial are constituted and to ipireiee. failed to report to a nro-! regulated., for such, trials., Tho 2.dh vost marshal, and whether ho bad : article of war, enacted on the H'th of justifying reasons for such a failure, April, 100, (Brightly 's Dig. 75) is in a.. I ri.,1'1,... n .;.,! tl,..ir irnpA t.. 1 Iwk wnrilu "All rifUffrs nnd soldiers de"ile that he had not forfeited his ! who havo received pay, or have been witnesses. Initial citizenship, all this would not amount duly enlisted in tho service of tho Un- prove a grof-s wro to iui acquittal. It would not protect ! ited States, and shall he convict at of doubted that :n so acquittal. Jt wouiu not i him against a subsequent accusation unci trial, it would not protect him against trial and punishment, by court martial. Surely that is no trial bj duo process of law the judgment in which is not final, decides nothing, but leaves the accused exposed to another trial in a different tribunal, and to the fciid inspectors of our respective elec tion board to commit the samo crime, i nnnosed upon those who naa cieserteu Tho more fact of publishing Ua. the military or naval service, prior to . t the passage of tho act is not a penalty r.amo of a voter as a deserter, or non- , ' ? . . (k,serlion. ,JutVur n,... reporting drafted man, does not dis- j pjHtenee in tho crimo, for failure (in franchise him, nor can the Legislature i the language of tho statute) to return to said perviee, or to report to tho provost marshal within sixty davs confer this power upon any ore, ex cept as provided in tho Constitution. To prevent a deserter ffein voting, the Election Poard must havo the proof before them, that ho has been a arrested, tried and convicted; and then, if tho party presents a subse quent pardon, ho can still vote. Vo hope tho reader will carefully peruse tho following opinion of the Supremo Court bearing upon tho sub ject. The election officers should give their undivided attention to this ques tion, until they comprehend it in all its bearings; because every violation of this clause of the Constitution by a member of an election board will be prosecuted to the full extent of the law. pleases. The enactment operates up- imposition by that other tribunal of on an individual offender, punishes the full punishment proscribed by law;, him fur viohitirm nf t lii 1-Vili.tvil hiw Moreover, it is not in tho power of by deprivation of Ids citizenship of i Congress to confer upon such a ti ibu tho United States, but it leaves the j nal, which is exclusively of State cre ation, jurisdiction W try uucucro against tho United States. Notwith standing the decision in Buekwalter vs. The United States, U S. ana li., State to determine for itself whether such an individual may be a voter. It does no more than increase tho pen alties of tho law unon the commission of crimo. Each State defines for it-! llKJ, which was an action for penal self w hat shall bo the consequences of ties, declared to be recoverable as oth- the infliction ol such penalties. .And er debts, tne aocirine seems a puun with us it is still our own Constitution one that congress cannot vest any oi DECISION OF THE SUBUEME COUBT OF BENVA ON THE DESERTER LAW. History of the Case. In rranklin county, l a., licuij, a deserter, brought suit ngainst JIuber, an election officer, for refusing hi a his vote. Iluber was convicted, the case was taken to the Supremo Court, and the caso was affirmed, and Iluber was punished. Henry Beilly was a citizen of (ho United States, owed military service, and was duly enrolled, drafted and notified, and refused to report himself: and failing to appear, was duty regis tered in tho Provost Marshal's office as a deserter, having neither furnished a substitute nor paid commutation. Vo annex the opinion of tho Su preme Court in that case, dt settles what any man of sense would under stand f-honld bo tie. law, THAT NO MAN IS IN LAW A DESERTER UNTIL HE IS CONVICTED. AND: THAT THE ONLY EVLDKNCE; OF DESERTION IS THE BECOBD OF 1I1S CONVICTION. after the issue of the President's pro clamalion. If this is so, tho act of Congress is in no senso ex pott facto, and it is not for that reason in conflict with tho Constitution. Its operation is entirely prospective. If a d railed man owes service to tho rederal Oov- crnnient, every new refusal to render thti service may bo regarded as a vio lation of public duty, a public offence for which Congress may imposo a penalty. And as ft is the duty of every court to construe a statute, u possible, so "ut res mats valcat, qua in jiarcat," that tho construction ot this act must do adopted which is in nar- mony with tho acknowledged powers of Congress, nnd which applies tho forfeiture of citizenship to tho new olfenco described as failure to return to service, or to report to the provoat marshal. 'I ho. second objection also assumes ,i i l . : I more lliuil tan i muraicu. juj nJi. to be doubted that tho power to regu late suffrage in u State, and to deter mine who shall or who shall not be a voter, belongs exclusively to tho State itself. Tho Constitution of tho Uni ted Slates confers no authority upon Congress to prescribe the qualifica- which restricts tho right of suffrage and confers it upon those only who nro inhabitants of the State and citi zens of tho United States. The third objection Against tho va lidity of the act of Congress would be a very grave one, if the act does in reality impose pains and penalties ho llre and without a conviction by duo process of law. The fifth article of tho amendments to the Constitution ordains "that no person shall be held to answer for a capital or other infa mous crime; unless on a presentment, or indictment, of a grand jury, except the judicial power of the United States in the courts of any other government or sovereignty. Martin vs. Hunter's lessee, Wheaton, ft 00, 3S0 ; Fly vs. Beck. 7, Conn., 142, and Scovillo vs. Can field, 14, Johns, ZiH. And, clear ly, if this is so, Congress cannot make a board of State election oflicers cuin- Detent to ti v whether a person has been guilty of an offence against the United States, and if thev find him guilty to enforco a part of tho pre scribed penalty. If therefore the act of March 3 1S05, really contemplates the inflic in cases arising in tho land or naval tion oi us prescnucu penalty or any forces, or in the militia, when in ac-; part of it without due process of law, lual service, in time of war or public or it it attempts to corner upon mo danger; nor shall any person be sub- election officers of a btate tho power iect for samo offence to bo twico put , to determine whetner there lias been 'in iixiiinnlv of life, or limb: nor shall 1 a violation of tho act incurring the ho'bo comnclled in anv criminal case .penalty, and to enforco the penalty to be a witness agiinst himself; nor or any part of it, it may well be doubt- be deprived of life, liberty or property , ed whether it is not transgressivo oi without duo i.rocvss of law." The ! the authority vested in Congress by sixth article secures to tho accused in all criminal prosecutions certain rights, among which ara a speedy and public the Constitution. But such is not the fairconstruction of the enactment. It is notto be pre trial. Iiv iurv of the vicinairo. infurma- sumed that Congress intended to trans tion of tho nature and cause of tho 'gross its powers, and especially is this accusation, face to face presence with tho witnesses against him, compulso ry process for his own witnesses, and the assistance of counsel. Tho spirit ot these constitutional provisions is briefly that no person can bo made to suffer for a criminal offence unless the penalty bo inflicted by duo process of law. What that is has been often de fined, but never better than it was both historically and critically by Judge Curtis of-iho Supreme Court of tho United States in Don r Murray et d 1H Howard 272 It ordinarily implies and includes a complainant, a defendant and a judge, timm of electors within the Severn ireL'iilar allegations, opportunity to States that compose tho Federal answer, nnd a trial nccording to some Union. Congress is indeed empow ered lo mako regulations for tho lime, place and manner of holding elections , exceptional eases, r,,r Senators and Benreseiitativcs. or; these are summary proceedings to l to alter those made by tho Legisla-. cover debts due to the (iovcrnment, turo of a State, except those in rela- especially taxes and sums duo by (lo tion to tho places of choosing Sena- faulting public oflicers. But 1 can tors, but hero its power stops. Tho I call to mind no iiiMsnce in which it settled course of judicial proceeding. It must bo admitted there aro a few Prominent i true w hen the net admits of another construction entirely consonant with all the provisions ot the Constitution What then is the true meaning! As already observed, forfeiture of cili zenship is prescribed ns a penally for desertion, an additional penalty; not for an offence committed before the passage of the act, but for continued desertion and failure to return or re port. 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 tho law bad previously enacted to bo the pen alty of desertion ns imprisonment is sometimes added to punishment by fine. It must have been intended therefore that it should bo incurred in the same wnv, and imposed by the inion '1 same tribunal that was authorized to impose the same penalties for the ol leiiw. It would bo very absurd to suppose that two trials and two con demnations for ono crimo were inten ded, or Hint it was designed that a having deserted tho same, thall suffer death or such other punishment its by sentence of court martial, shall bo in flicted." Other enactments have been made at different times respecting the punishment to be inflicted for tho os fencc. The punishment of death in time of peace was abolished in 18UK. Corpo real punishment was abolished May 10, 1812, and by the act of March 2d, 1:S8. tb a, section of the repealing act was itself repealed, "so lar as it ap plies to any enlisted Boldier rcto .nan be convicted by a general court mar tial of the crime ot desertion. ly the act of Jan. 11, 1812, an addition al penalty was prescribed for deser tion, and it was declared that "such soldier shall and may be tried by a .rmrt martial and punished " Bright- lv's Di". 80. lbe loth section ot tne act of March 3, 1802, which declared that any person failing to report alter due service of notice that ho bad been drafted, shall bo deemed a deserter, enacted that such a person '-shall be arrested by the provost marshal and sent to tho nearest post for trial by court martial unless, upon propcrshow- ing that ho is not liable to military uu tyf the board of enrollment shall re-, lievc him from tho draft." All these acts of Congress manitest- y contemplate trial for desertion in courts mariiai, unit m nnutuuu ui punishment or forfcituro except upon conviction or sentence ol such courts. Th acts of 1800 provided for general courts martial, and made minute and careful regulations lor tneir organiza tion, for the conduct of their proceed ings', and for the approval or disappro val of their sentences. Subsequent acts made some changes, but they have not restrained the jurisdiction or diminished the powers of such courts. It is to such a code of laws, forming a system devised for tho pun ishment of desertion, that Hie 21.-1 section of the act of March 3d, Lv64, was added. It refers plainly to pre existing laws, it has tiie single oo jeet of increasing the penalties, but does not undertake to change or dis pense with tho machinery provided for punishing tho crime. The com mon rules of destruction demanded that it bo read as if it bad been incor porated into former acts. And if it had been, if tho act of 1800 audits . .1.1 I Ml 41.1. supplements nau presci iuen nu. m. it- i ir i eer inn or la uure lo i-i Minimi .' - - ' '. . . i ..r, lf Till I wit nn a uesignaieii uiuv iiin-i i no part of tho penalties prescribed for guilt. On the other hand, if a record of conviction by a lawful court be not a pro-requisite to suffering the penalty of tho law, the act of Congress may work intolerable hardships. Tho ac cused will then be lodged to prove his innocence whenever tho registry of the provost marshal is adduced against him. No decision of a board of elec tion oflicers will protect him against tho necessity of renewing his defense at every subsequent election, and cacti time with increased difficulty arising from the possible death or absence of Jo nianv cases tins inny oi:g. It cannot be some instances there were causes that prevented a return to service, or a report by persons reg istered ns deserters bv provost mar shals, that would have been held justi fying reasons by a court martial, or at least would have prevented nn ap proval ol the courts sentence. It is well known, also, that some who wcro registered deserters were, at the time, actually in the military service as volunteers, and honorably discharging their duties to the Government. To hold that tho act of Congress imposes upon such the necessity of proving their innocence, without any convic tion of guilt, would be an unreasona ble construction of the act, and would bo attributing to the national legisla ture an intention not warranted by the languago and connection of the en actinent. It follows that the judgment of tho the court below, upon the case stated, was right. The plaintiff not having been convic ted of desertion and fail ure to return to service, or to report to a provost marshal, and not having been sentenced to the penalties and forfeitures of tho law was entitled to a vote. The judgment is affirmed. WciODWAltit, C. J. I concur in the conclusion stated in the above opinion, nnd in most of tho reasonings by which that conclusion is reached. But 1 do not concur in treating tho act of Congress as a valid enactment, for I helievclt to nn cx post factolnw, in respect to all soldiers, except such as commit the crime of desertion after the date of the law. This is not a case of desertion subsequent to tho enactment, but prior to it, and the pt unities of the offence aro such as were fixed by law, when tho offence was committed, and it is not compe tent for the Legislature to increase them, except for future casts. port "Hit: km sos." The negro suffrage disunion candidate for Governor, Gea nv, says in the "piece" lie spoko ut York, that Democrats, during tho war, called tho soldiers ''Lincolns hirelings." The Democrats did no such a thing, but they could, and wo do not deny that we did, call him a hireling, for ho was one in every sense of the word. Ho was hired with a commission to go into the army; . he hired a newspaper correspondent him into notoriety; and ho 1 r .i....iT ..-i.w.n ni t of 1st;: was nirco wun mo iiwiiuiun nomma- HOI 1CU Ol ui .11 i, v " ",v , . . . declares desertion) should be punish- turn b-r Governor, to betray his own odon conviction of tho same, with j arty. In a life time he has done forfeiture of citizenship and death, or j ;t lung, except hu e in the ditch at in lieu of the latter, such oilier pun- IChepuhopee ,t what he was hired isl.uienlasby the sentence of a court t.lo And to-day, would tin; ;De.noc. mirtial mav be inflicted, would any jra.-y sloop so low, ,3 could bo lured , i.nntciH that lillV portion of this Willi u.e promise oi oemg I1Ue r x- of sl.U or even of being phi- AsMiredlv ('cd on Uov. Clvmer s stall to desert . i o ....... IT- . .1 not. And if not, so must tho act ot . me aoouuon pai . uiwjon.c ...;.. i n,,L.iiiii.iiiil miu- It means ! limit. . , . i i i... :rt;,.i.,.i ;il.,,i,t ,retarv punisiiuicni touiu u in mi. iv vi "i""'" . ' I u..i,i.ww-i ? Amm-PiHv Ccd Oil Con K i iuii .! """,,,v Opinion and Judgment of the Supreme t'ourt. ricBUR vs. Krtt.Lr. Error to tho Court of Com monDeasol Kmnklingooutity. Stromo, Jnnliee. Tho act of Congress nnder which the defendant below justifies his refu- right of suffrage at a State election is -has been held, that the ascertainment aStafo right, a franchise conferable jof guilt of a public offence, and the only by tho State, which Congress can j imposition of legal penalties, can he neither give nor take away. Jf, there- in any other than by trial according fore, the act now under consideration to the law, that is the law of the par is in truth an attempt to regulate tho ticular case, administered by a judi rb'ht of suffrage ii tho Statesor toj cial tribunal authorized to adjudicate prescribe tho conditions upon winch ! upon it. And 1 cannot persuade my that right may bo exercised, it mustjselfthata judgeof elections or a board bo held unwarranted by tho Constitu-1 of election officers, constituted under tion. In tho exercise of its admitted State laws, is such a tribunal. lean powers, Congress may doubtless do- not think they have power to try privo an individual of the opportunity criminal offenders, still less to adjudge to enjoy a right that belongs to him tho guilt or innoceneo of nn alleged ..f t n .it-,, n f lin fi.rl.f ' -i,il.i till- rif t llfl III VVS lift 111! IT. S. A trial l. . n , t ,1 .'If flU A VIHfA II I'l U I'llllVl 1 VII VlIU l'n"v ...... u. ... w-. ------- - fal to receive the vote of tho plaintiff, - SIl(W ,.., a different' before such officers is not duo process is tho one approved on the od day ol . ,.. of j irini,' ol law for thc jn.nishment of offences, March, 180o. Tho twenty-first soc-, , . , ,f v f . .;, 1.,,mlin,, t) ,hl) meaning of that the Fejeral (iovcrnment, a voter may phrase in tho Constitution. Ihere bo sent abroad in the military service 'are, it is true, many things which they of the country, nnd thus deprived of ; may determine, such as the agw, resi iKn riviliwm of exorcism!' bis riedit : ! denco of a person offering to Vote, or a vote rm ay be imprisoned lor a ; whether he Iihs paid taxes.and wheth crimc against the United States, but cr, if born an alien, ho bus a certificate it is a perversion of languago to call of naturalization. These things i per tliis impairing his right oi suffrage. ; tain to thc ascertainment of a political Congress may provido laws for the right. But w hether he has been guil natui alization of aliens, or it may re j ty of a criminal off ence, and has as a fuse to provide such laws. Its action consequence, forfeited his right, is an or non-netion mav thus determine inauiry of a different character. Nei- whether individuals shall or shall not ther our Constitution nor our law has that thc forfcituro which it prescribes, like nil other penalties for desertion, criminal might bo sentenced in ono must be al I'l'd to the convicted per court to undergo part of tho punish- son after trial by a court martial and ment denounced by the law imposition 'sentence approved. For the convic of tho remainder. The law as it stood tion and sentence of such a court when the act ol was passed Had , there can no no su siiiuie. j t)M, s,.lU.s 1U)ll vl,,hl j,avi, ,t,c, nw u One cstaii isneu tno guiii oi i n. i-.: i i "... . . . A W ABM NO TO PoM.lCAL PllE ACH- i:us The llannib.il (Mo.) Jicpublic says that within the past year three hundred and twenty-eight Jacobin political preachers have been sent to the different penitentiaries of the Uni- tion is tho only one applicable to this ase, and is as follows : "And lit it furthrr tnnrtcd, That in addition to Ihc other lanful penalties of thc crime of desertion from the militnry or naval service of the t'nited States, who shall not return to said rTTlc, or re- Sort themselves to a provost mnn-hal within sixty ays after the proelutnalion hereafter mentioned, hall hi nn-mc I and taken to have Tolnnlarily re linquished and forfeited their rights of citiienship and their rijthis to Wotne citizens; and sueb de serter shall forever be Ineapahle nf holding any cftee of trust or profit under tha t'nitod Slates, or of excrciuini; any rights nfeitiicnt thereof; and all persona who shall hereafter desert th military or aval service, and nil persons bhu, being duly ell- Tolled, shall depart thc jurisdiction of the district nrovided a tribunal in which alone the ! Thev crime of desertion could be tried, and, the accused and fasten upon him .l!lC J noto of Political ditics. pre tellers this, and should make a quit preaching hv which n one the nena ties for do-1 ei'iil consequences. Midi, we lliitiii. sertioji could be inflicted. The conso- is tho true meaning of the act, a con queiices of conviction may bo noticed ' Btruction that cannot be denied to it in either courts, but tribunal appoin-! without losing sight of all tho previ ted by the law lor that purjKiso is thojous legislation respecting tho same only ono that can determine w hether : subjec t matter, no part of which does the crime has been committed, nnd to this act profess to alter, adjudge the punishment. It may bo added that this construc- TheT act of March .".d. 1805. is not tion is not only required by the uni te be considered apart from tho other versally admitted rules of statuary , eVeii days, the amount of flies, , 1 . : 1. : f .1 , ' . . .... 1 ..,;.., I.,,! 1. i, iii.,-i,,nivl t. .1. - fc .1: 1 - gentleman in New Haven has recently caught in his garden with twenty four wide mouthed bot tles, partially tilled with molasses and vinegar, three bushels of flies, bugs, millers, Ac. Tin bottles were hung upon his garden fence. During tho lce-ihlutioii resnectinir tho crimo of do- interpretation, Put it is in Harmony sertion. It is one of a series of nets w ith iho personal rights secured by pertaining lo tho same subject matter. the Const I'ution, and which Congress It must therefore be interpreted with must be presumed to have kept iu thorn all in view. This is an admitted view. It gives to tho uccused trial rulo of statutory construction. So beforo sworn judges, a right to chul long ago as Bex vs. Laxdale, 1 Bur- lengo. an opportunity of defence, tho rows, 117, Lord Muiislied said, when privilege td hearing tho wituesses speaking of nets of Pail anient, "that against hint, and calling tho witnesses all which relato to tho samo subject, in his behalf. xe., caught, was forty-two solid quarts. tojrTlui "loyal Southern men" who represented the South in the late Dis union Convention in Philadelphia nro now in the New England States, on a visit to their families. J-SrButler says the rattlesnake is It preserves to him tho I no brother of his. This announce- notwithstanding some of them may be common hiwpresumption of innocence I ment is favorable to tho snake JS0.1- expired or not, notice must be taken until ho has been adjudged guilty, ao-i ton rst. to bo one bj stem and oonstued consis- cording to forms of law. It gives tcntly." So Chancellor Kent, in tho finality to 0 single t rial. If tried by CkJEvcrv division and general ofii- k.:" '.'.,.. ' t ;-; r .1.- ti:,i ci..ioa v,,,fe,l .i.w.n n,.f inrl, .na i ,f ,,Wi ioriH fi rst rohimfl nf his nfimmentarifiH. nnfra & court martial and acouitted. his 1n-lrer ol the 1 wentieth Corps, to which ... un trDroiieu, or fro ovvoua mt iimuui i , iicuomu citizen?) oi 1 11c I' iiueu .'i.i,v o. , . v--. ... j....., . 1 - - 11 -o- . - .. ., , .. . . - , . th. United states, with intent u avoid any draft . And j Cftririot doubt that as a penalty any such judicial lunctions. They 403-4, said ; "it is to be inferred that noconco can never bo again called in Geary a division was attached, is pp Cuuiffi l?xl2lZ' for crime against the General Govern.' are not sworn to try criminal cases.' code of statues relating to ono ob- question, nd be can b made td suffer posed to John W. Geary
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