'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