pail g Ettegrag
STATE TICKET.
FOR GOYILLINOE,
ANDREW q. OURTIN,
OY IMFTBIII
FOR TUDOR OF THE SUPREME DOUBT,
DANIEL AGNEW,
OF BHAVER 0017141'Y
COUNTY TICKET
E=ATOR
DAVID FLEMING!, of Harrisburg
Asimatrx.
IL C. A.LLEHAN, of. Harrisburg.
DANIEL KAISES,gf Wisonisau.,
BREETrg•
Wu. W. JENNINGS;'of Hairitiburg.
RECORDER.
JOHN BINGLAND, of Middletown
mwims
ISAAC HERSHEY, of South Hanover
oommaaroaan.
B. W. MTLIIRE, of Harrisburg, 8 years.
HENRY HARTMAN, of WashingtOn, 1 year
Douroroa OF THE molt.
JOHN KHEAMER, of Weitzlftbiovlir;
_ AUDITOR.
SAMUEL WILUENNY, of Lower histon
HARRISBUR9-, PA.
Monday Evening, October 12, 1803:
The Election Lowe—Duty of Election Of
;leer'.
We referred,,on Saturday last, to the fact that
a pamphlet had been circulated in this county,
purporting to be the production of, a Member of
the Harrisburg bar, and _ Intended 'to - guide
election officers in deciding upon .the qualifica
tion of voters. That pamphlet is nothing more
than a well conceived plan to mislead the offi
cers, and if possible thus secure the disfranchiee
ment of a large body of loyal voters. We have
no hesitation in pronouncing the author' of the
pamphlet in question a shyster lawyer of the
most exalted order.
In reply to this base attempt to pervert - the
law and mislead,officers sworn to the perform
ance of their duty, one of the oldest, ablest and
most distinguished lawyers of the Harrisburg
bar, has written an able communication; .which
we publish this afternoon. The reply is a fair
and lucid exposition of the Jaw. It plainly
points out the duty of election officers, and may
be taken as the only true guide by thhse offi
core, for the faithful performance of,their sworn
duty. We direct the earnest attention of the
public as well as all election officers, to the com
munication in question.
811 l Miller's Slanders •of a Gallant
Soldier.
Oar gallant soldier candidate'for Sheriff, Col
Jennings, has excited, the ire and the envy of
our Congressman, the gentlenianly the decent
the brave! the ponderous and the distingttisbed
Bill Miller! Give us room to breathe; in the
'presence of GENERAL MILLER! The men
tion of his mighty-a:tame inspires no with the
awe with which that `black cow" of which
he speaks so often, seems to fill his soul. And
yet we owe Mr. Miller a first class notice. We
believe,in reciprocity ; and as he talks of "the
boy," andthe "snot nose, Jennings," we must
talk of "the man" (I) and "the purple nose Mil
ler_".. This Is fair, if it. does disgust otirreint ,-
ers. Oeneral Miller wait at home in his
bed or prowling through the rum holes of
Harrisburg, while "the boy," W. W. Jennings,'
was out in the thickest of the fight, facing the
enemies , of,the country and the • political allies
copperheads. W. W. Jennings marched to
meet the first intimation of a fight on the part
of the Southern rebels, while - Bill Miller- i re
waisted it home, drilling a company; in the
moonlit, safe and cleanly streets of Harrisburg.
And. yet Bill Miller reels through Dauphin
comity; attempting to ridicule W. W. Jennings
as a boy. Thank God that there are such,boys
as W.. W. , Jennings living, while soelety,'ls
nursed with such men as Bill. Miller. Thank
God that the country has' the arms of such;lx4s,
as Jenningie to depend !mon for defence, while
such men as Bill Miller claim prominence' =
—We•refer this matter to the gallant bays of
the 1271 h regiment. We refer 'the reputation
of Colonel Jennings to the men *torn he led
into the fight, where traitorg•of the -Miller
'ilk
were struggling to; dilitroy the GoveinmeUt.,
These men are competent to judge, and will.
give their testimony at the ballot-boa.
Look ai die (Ticket.
Let no true, . : trusty and tried loyalit3t Note .
withoutfirst having . earemiped his ticket. The
copperheads are playing verydespernte'' &Mew
They have betted tickets With 'the of
Raymond substituted for that of Jannings,
while all the other names on the same ticket
are the loyal nominees. The same thing has
been done with the name of Alleman,:letiiii4
It off and autoi,;titating that of Awl . Let this
dirty game be' watched. It is'thelaat trick of
the enemy, and it Inuit must- elect
the whole ticket !
. , .
Something to Think About
Who would Jefferson:Davis and every-rebel
soldier vote tor if they could vote in Vmnsyl
vania on Tuesdai'neat ' ? 'The Richmond En
rarer:answers the question when it says that
Lee should invade our State about election time
to help the T'eace Dereocraci' . ma n of
Jiff. Davis' followers would vole for Woodward.
.Eyery tea:gran
Should remeniber that the coppertteatisi . nre
responsible for They . made it neceEisfiry by
opposing the - Government - and encouraging the'
rebels. Had the copperheads not di:wont - aged
enlistments and opposed the arming of the ne
grow,' no draft would have been necessaiy.
Ix Lantaster county nearly all the prominent
Democrats ire supporting Gov. Curtin. Mr.
Eltehernan, who was on the DemocrAtic ticket
there last year" for Congress against Tadderts -
Stevens, is now nobly supporting c ra w l, an d
so with nearly all the.roic with the exception
of that miserable old creature, James Buchanan
who still sticks to his friends Ml . .. Davis, Howell
Cobb, 'Robert 0. Toombs, and Georia:W ; Wood.
ward,
A Last Word.
We are satisfied that the loyal men in Penn
sylvania are prepared for the election to-mor
row. They have heard the argument in defence
of the cause of the country, and their have
listened to the slanders uttered against the
Government by the drunken ';apostates and
traitors who have been reeling through the
State, advocating the election of Woodward.
Hence, loyal men need no further admonition,
unless it be counsel to beware of the frauds of
the coppea:heads at the hour of voting. The
Copperhead leaders in tiffs city have been con
cocting all aorta of frauds, which they intend to
play at the last hour. Aliens and non-residents,
will be brought to the polls in every election
district in the ciounty; and their votes forced.
into the ballot box, unless loyal} men are
watchful. Remember friends that the men
who ally theixottlyes With the open;bloody and
traitorous foes of.the Government, will attempt
and do anything to carry thts electiokiii Penn
sylvania against the repreientatifei s : of that
Government. Remember, freemen of Dauphin
county, that•we have the most reckless,' shame-
Ea
• . _
less, drunken arid desperate set of leadeii to
oontend.with, that ever directed the frauds of
the copperhead organization. We must prepare
ourselves to counteract the plans of theiselel
lows, and do it boldly, manfully and fearlessly.
Let loyal men cool, stand firm, ! not yield
an inch, and the result will be a glorinue vic
tory. Above all things, let no: loyal man be
persuaded to trade off a single candidate on
his ticket in exchange for the vote of a copper
head. Vote the ticket entire. , Give the enemy
the solid shot. Strike him fair on the forehead
with the full force of your weapon& !This is
the way to gain a cOmplete victory—this will
prove the most effectual means of completely
hunilliating and forever counteracting the in-
finances of the treason sympathizers in Dauphin
county
SLANDER:
Col. Alleman seems to be the special object
of the slanders of the tortes. He'is traduced
with a malevolence Which evinces the bitterness
with whiCh the : tories hate a loyal man.. Hai
ing failed to impair his personal character
baying failed to destroy his reputation for
ability—the tories now attack Col.' Alleman
with the'charge.of having treated those under
his command , with indignity, and of having
forced private soldiens to do the menial - labor
assigned to camp followers and negroes. I .Those
who know Col. Alleman, will at once pronounce
this to be a lie. ' He not only treated his, men
with unusual forbearance and kindnessi lint he
shared their dangers and their hardeblik'artil
never asked any soldier to . perfotm any duty
but what4re was willing himself to discharge.
He made his men the equal of himself, in all
that was due to real manhood, and never. once
ceased to remembeithat those under his' com=,
mand were - his fellow citizens, fighting in•a
cause which interested all equally. Anything
else uttered to injure Col. Alleman on this
subject is base slander.
Whosia will the Soldiers Suppor t
At a copperhead conclave in the borofikh:ti
York last week .one of the toriess who ,he
rangued the crowd, went off into the abuse of
Goi. Curtin. A paity.of soldiers'who were
present, remonstrated against this, when it Was
repeated, and whew the soldiers showed'their
disapproval by cheering for Curtin and hissing
the foul-mouthed slanderer who was traducing
Co man whom they honored. At this, the
Trfirgess oof York, one Zr- onnari - n - acr the sol
diers arrested and placed in'the lock-np: When
the cominander of the brave fell Owe • 'thus im
p,' d'iv
risoneas 'apprised * ofthe fa," ct,'he apinanfled
their release. This was at first refused, but on
its being repeated the Nirgessielented and the
`soldiers ; . were reteesed.. This is the style in
which, copperhetid officials treat ',the soldiers
who dare avow their preference for Curtin. It
will be remembered that this Mr. Small went
out in pqrsuit'Of tils rebels as they advanced
on Yolk lest - summer, and thsi he is the mean
coward who eat dirt at the -feet of the traitor
invaders. He is therefore engaged in fitting
- work; whea l ho imPrienbe the soldiers of a loyal
cause for manifesting their . priferences for a
• loyal Goiernor.
A High AGndorsenientnl Daniel:Agnew
JadgeGrier, of the LES.. Supreme Court,
has openly denounced the ''course,' of Justice
'Woodward, of the'Snpreine 'Court of Pennsyl
yenta. , lie ; has referred to Woodward's course
with gredt: severity, asifJudge of aligh Condi,
in 'coming down froni an ;exalted station to
plunge in : the dirt,f ‘ lol of copperhead Politics,
denouneini him forEsetting the example of •
judicial officer taking an active partin politics:
Justice Grier has always.been& Democrat. He
now openly proclaims'limself in favor of the
re-election' of :Andrew Curtin. He goes
furtiier, than ; la by intimating that , ; the Su
preme Court of Pennsylvania needa - purification
by a' change of its Members, and therefore
&Idiot,' Grier aLko avows hie - intention of voting
for Daniel Alta*: - 76StiOci Grier endorses the
high itrofessionalittainments of Daniel Agnew
pronouncing, him one of tho.vory, best . ,jni;lioial
officers in.the Union. istplendid endorse
nient,-but it is, only' a just - Weknoirlddgfiment
Of the legal attainments Of
_Daniel Agnew.
A Conspiracy. Among,ltleotton. 0111cets to
Defraud the,doldtere of their Votes.
From a correspondent who has been traveling
along the NorthA'Branch welearn thata,reguilar
meeting was held by thntopperheadjudges and
inspectors ..ntmleptigrus in Columbia, Montour
and I.,riaerne counties on Saturday last, at which
It, was decided to "REJECT THE. VOTES OF
ALL THE SOLDIERS PRESENTING THEM
SELN,ES THEI,CiLS. " ' ,
Oar informant gives it as his ,opinion that
this, meeting was called. by. order of-the Knights
of the Gisiden Circle, and that a similar under
standing hasheen had among all the, electron
Officers in this State.. 7111 the gamewin ? The
soldiers whg,have. ‘ the.undoubted right 'to vote
must answer. -
LOOK OUT aox iai 4118 with which the Tory
Organ will teemtamorraw. The whole pack
of shyster lawyeis and Writ-1'14,0m; with the
inevitable violiniit have been preparing io make
their, last eifortskt - ii,tioit.desPerate against the
good canse.ofthe Nation. : '
M
REVIEW OF THE ELECTION LAWS;
By a Loyal Member of the Harris
:;,...;_ ,._burg Bar.
lEn Reply to a j'erversion of the Laws;
Written and Designed to Mislead A/nin..
formed Mention Officers, by a Tory mesh
ber of the Harrisburg Bar.
Editor of Telegraph:--At noon of Satutday last
an anonymous pamphlet, entitled "An Exami
nation of the Election Laws of Pennsylvania".
purporting to be the production of a "munber
of the Harrisburg bar," was - handed to rne-by-a
friend. Upon a careful reading of itsoontents, I.
was struck with the illiberalitylif its doCtrines
and the extraordinary zeal exhibited, in order to
exclude tie ;Pennsylvania soldiers, now located
with in, our- city, and some of the adjoining
diatrints, froni the'right:Of suffrage at the ensu
ing election.
This induced me to, refer to the Constitution
and acts of Assembly, and• some of the decisions
of our courts relative' to the right of suffrage,
and to hastily throw together the following
remarks relative thereto, as they suggested
themselves to my Mind, which you are at
liberty to make any proper use of that, you may
deem prober ? I regret that time did not permit
me to' make aft:lller examination of the subject.
The:Whole pamphlet is replete with misrepre ,
sentations, some ef which I have pointed Out;
Upon •• the whole, if the election officers` are
governed by the doctrines contained in this
pamphlet, they will be led astray' from the,
faithful' discharge of their duties,. The only
Safe - course for them to:adopt, is to reject its.
teachings; and to depend upon their own
'good common sense- of- justice and-:right, in
opposition to the teachings of this and
illiberal copperhead document. A: document
extremely partizan,in its objects, and got up
especially, to subserve the views of the disloyal
faction of this'Sttite, 'who sympathize so deci
dedly with the rebels of the' South, and the
infamomsa4ellion they are waging against the
Governm4ht„
• The lst section of articleld of the Constitu
tion of Pennsylvania provides:
Samoa 1. elections by the'cirizeni,,every
white freeknan of the age of :twentyone years,
having resided.in this State,one year, and hi the
election district where he'offers to-Tote, ten days
inmuldiabelY preceding euchelitiction, and within
twO,Y4rs paid a State or county tax, which
shall have-been assessed at least ten days before
the election,shall enjoy - the rights•of an elector;
but citlien of the United States who had pre
it-qiutlified voter of this State, and
removed therefrom, andreturned,;and who shall
have resided- in the election district,`, and paid
nixes as afinsfaid,:shall be entitled to vote, after
residing in Ilieetate six months: Provided, That
white freemen; citizens of- thepUnited States,
between the ages of twenty-one anti twenti-two
years, 'arid having resided in the State one year,
and in the election district ten days, as aforesaid,
' shall be entitled to vote, although they shall
'not hive paid taxes. •
The 63d section of the --Act of the 2d July,
i 839, enacts that "No parson shall be permit
ted to vote at any election, as aforesaid, other
than a - white freeman of-the age of, twenty-one
years or more, who shall. have resided 'in the.
:State aileast one yeek.liainihe &ads district
where he offers to vote at ;east 1e I days immediately
price:44`.,iatioi, and-within ten days paid
d. Rata or tax i_l44 ; shau have been'
Waned at least tenldaya before the election.—
But, t Citlien of the United States, who has
previously been tOnalified tritiii of ,this State._
and removed therefrom and returned, and aho
.sha/l ham __Medd election district and paid
taxes as aforesaickehiallizientitled to vote after,
raiding in this State tivmonths: Prodded, Thit
white freemen; Atizens lef the. United States,
between the_ages_oLtwenty-one and iwenty
two year% and- Ica* resided in this Sltde one
year and in the elation district ten days, 14 afore
!said, shall hn, entitled to vote, although they
shall not hitie 4ald taxes." This section, It
will be seencis akOlmie transcript of theCondi
.,
tatiOnal provision of our State in reference to
the . qiilo43Eition :of elector. The 66th
-don of the same: Act contains the following
very imPertant provisions:
Saor r I, I4 EArI: in all cases, where the name,
of the:Paint:ln claiming to vote is not foured Un'
the list" hirnislied by the commissioners , and
asseassoi, oi his right to vote whether found
thereon or not, is objected to by any qualified
citizen, it shall - The duty of the inepeotorii
to examine Mich person on oath as to his quail-.
ficationa, and if he claims to have ',resided,
within the State for one year or more, hisnath
shall be sufficient proof thereof, but he: shall
make proof by at least one competent Witness,
who shall be a qualified elector, that As,
resided' within the district for more thin ten
- days next imriiediately preceding said election,
and shall also himself swear that hie bentsfide
reaidence, in pursuance of his lawful callii3g, is
within the'district; and thathe did not - remove
'into said district :for the purpose'' .voting
therein:.,", •
• The position solooldly laid down in this Spurious
and secretly circulated pamphlet,"that t t eii'days
sojourn in an eleCtion district, in pursuanerff one!
lawfulcalling though aloe, does not qualify a per . sots let
rote there, unless is a bana,fide resident of the'distriet
when he offers to vote, and will make oath to that
effect, and prove his residence there by at least
one competent witness, who shall be a qualified
elector," is a jaMbled and confused statement of
the provisions of the Constitution and our Acta
of Aisembly , relating to the right of iniffteige.
As therein stated it is in direct oppoiltion to
some of the Acts regulating elections. For as
we have seen by the 66th section of ttie same
Act, the person offering to eete; is not in the first
instance, allowed "to make oath to tie fact,.
that he , is a resident of the election district Where
offers to vote." To establish his right to vote
he is only competent to make oath as to • his
residence in the State for one year or I more
previous to the election at which lie offers
to vote. And of that fact, the_ Act,
etptesely „declares, "his oath shall be eat If (1i en t
proof thereof." Our courts have decided , that
"the election officers are controlled by:the.an.:
swore of ,the• party offering to vote, ah to his
residence in the. State." But in respect to the
ten' ays' residence in the district, the proVisinn is
entirely different, the act declaring, "that he
shall make proof by at lead one competent;
witness, who shall be a qualified elector, thd he has
resided within Use district for more than ten deys
next immediately preceding the election." He
may, in addition to this proof by a qUalifiid
elector, be required to swear that his ,ma fide;
raddenee, in pursuance of his lawful calling,:
itr Withift the district, and that hi did not 'MOW
into sea district for the purpose of voting therein ;"
but nit that he intends to remain here, in the
district, aud make it his home or abode. No
mhere in the , Constitution, nor the sections be
'foie referred to, is there any authority or power
conferred upon erection officers to test the appli
cant's right to vote, by further asking of him
ths quesition stated in this pamphlet:—"Do
you intend to remain here and make it your
home or abode I" and the more especially to
require him to answer It affirmatively, in order
to secnreThe right of suffrage. The act points
out all that is or can be required of him after
establishing•bis residence by a qualified voter ;
to wit, tits own oath, that his bona fide residence,
varsuance of his lawful calling, is within
the district, and that he did not remove into said
district for the purpose of voting. therein." This is
all that is required by the act, and when he
makes such oath, the'eleCtion officers have no
right to go further, and especially to require of
him to swear Thai he intends to remain here, within
the district, and make it his home or abode.
The latter clause of this section was intended
o prevent the evils growing out of acts here-
tofore frequently practiced, of, colonizing voters In
particular election districts, or counties, to carry
particular candidates at elections then pending.
To extend it farther, or to carry it out to the
extent indicated by the question, and to require
of *man that he should swear that he "intends
to remain here within the particular election
district, and to make it his home or abode," in
order to entitle him to his vote, would be a
monstrously illiberal, if not wholly absurd,
construction of our election law. If inch eon-
Eitrtietiori were to prevail, or be carried into
practical effect, It would exclude, from the eight
of suffrage every unmarried native-born citizen I
of this State, traveling' as a journeyman me
chink) or day laborer, who, as all men know,
very frequently re move from town to town in
search of day's work or pm ploymen t atthei r par
ticular' trades ; locating'for weeks or months is
one particular testi", and there remaining at
work as it suits their interests or convenience,
until it pleases them, possibly from some fan
cied wrong done to them, to change their em
ployer, or, being induced by , the hopes of better
wages, or more constant work, to remove to
some other place. That class of men hive
always heretofore been allowed:to exercise the
right of suffrage, at every election district in
the State wherein they had been employed,
boarded and lodged, or even when, without
work, they have boarded and lodged for more
than ten days immediately preceding the elec
tion. No one disputing or contesting their
right to exer"cise that inestimable privilege,
much less to require of them to answer a simi
lar-.
questionorto establish by their own oath,
or thatof a third person, that hs intended to re
mitlam, either in the eleetion district or conn
ty,"iii4 to male's:it/sit home or abode. Heretofore,
every election;district Of the State if such
unmarried mechanic or day'laborer established
that he had,liye.din the election district, merely
boarding and , aleetoing there, for at least ten
days prior to ihe election; his right to cast his
'vote therein has been uniformly acknowledged.
If suspected of dieing a dedonisedperson, that is,
that he had bedn brought by interested persons
into that particular district for the sole pnrpose of
voting.for some-particular candidate, at an ap
proaching electiOn, be.was aeked, and properly
so, nude. - the Act, if he hail remsved into such
district for the sole puiyose of voting therein.—
If the fackwas established by his own answer.
or by other, Aestimpnyi - that he-had removed
into that distriortei the dole purpose of voting
therein,- arid- at that particular ;elect on, , his vote
.wouldbe rejected; because he would be regarsee
ite:eieolonized indiVidual. ,
Why ShoPld the gold*. whO 4os risked his
life and limbin defence of the tlag of his coun
try, who, probably iit."Gettysburg,.saved our
State,and our own beantifal city from pillage
and destruction, andwas there struck down by
the bullet or sword of a rebel invarte'r; be placed
in a less favorable - position as regards his right
of siiregi, 'tkui: the. unmarried traveling
journeyman meChanic or' day laborer ?. Why,
when brought to one of - our hospitals (perhaps
Maimed for, life,, oretriek.en down:by camp fever
whilst in actual song.* for the purpose of being
restored tolealthlarid'tfiere remeine for more
than ten days before the election, should he be
excluded Mien , participating in the choice of
rulers of a Cievernment; he had-abandoned all
Lthe coinferts s&f:_hoMe as well ail tlisied his life
and health, to-maintain and perpetuete? Why
`Shedd eoaeh eoldiera .be denied' ;the right of
suffrap,.*4 that inestimable right ,be extended
to the travefiing jourpeday laborer? There is
not, these cannot May 'good, hfiriest, patriotic
or:legal.reasen .for excluding those war worn
v'eterane from e serctting that same tight, which
is conceded to every unmarried traveling day
laborer or journeymen mechanic.
•
Let* nOw examine that more apecieus, sophis
tical and laberedpart of this pamphlet, relative
to the questiota ot residence.. The unfairniss of the
clectirittea.prOk*d, and the want of candor
and•truththerein. - exhibited• is most manifest.
On page 3 it le said,
~'‘.7'Ae &Orem Gout, in the.
case of Chase vs. Mimi, define the word reel
dence to:be,the same as dornicll—a word which
means, the place where a man establishes his
abodermakee the seat of his property and exer
.
cises his 'civil and , political rights." Turn to
that case in 5 Wright's Reporte,snd upon pages
100, 421, it
„will estabbshed, that the words
quoted ere 'not the ()Pinion of the tupreme
,
Court,but are only a part of the opinion of
Judge Woodward, who distinctly states that
"There observations,-however, on the meaning of thi
word residence, multi:tee be considered as expressing
-lie bp` *Oars; but only my own." Observe,
too, -that the- language there used by Judge
Wien:lisp:l and immediately following that
quoted; iii the same sentence, and for4ing an
essential part thereof, to wit, "but I ant: not aat
i eel the Cone/fit/am Wean( to ,Bruit itself to this
, strietundtahnicaldOlition of raideiwe," are wholly
omitted.. Every word made use_oLby Judge
WOOdward in that - 0011* ilk r e lation to the
question of residence, is thus pritited:
- "-But there must notonly be adistrict to vote
to; but there " mo i st be a rawlence therein for ten
days next preceding the electiqn: ,Thls is a
part of the condition ofeuifiage. 1 - Indoubtedly
the'primary slptificancenf the worVoresidenee,'
its ustxilu the Constitution, is;the sameiis dors
whiCh means the - place' where a
miavestablishes.his abode, makes the 'seat of
his property ; and exercises his civil and politi
cal rights, but I am not satisfied that the Con
stitution meant to limit itself to this strict and
technical definition of residence. Referring the
subject of election districts to the Legislature,
as we have.seen that it did, I incline strongly
to think that the Constitution meant, also, to
leave the subject of residence in an election
district to legislative discretion, and,,therefore,
that the Legislaturesue as free tcrdeclare what
shall be residence in an election district for ten
days next preceding the election, as theyare to
prescribe the bounds/les of the district. When:
they have not exercised their power nor attached
to the word any other than its ordinary legal
signification, it is to to received according to
its primary meaning in the Constitution, as
equivalent to domicil. But if they should
make a military camp in Pennsylvania an
election district, and declare that military
sojourn and service therein for ten days should
be equivalent to a constitutional residence for
the purposes of election, I would be extremely
loth to think such a law unconstitutional.—
These observations, howeVer, on the meaning
of the word residence, must not be considered
a expressing,the opinion of the court, but oniy
my own
The meaning of the constitutional clause un
der consideration may, therefore on the whole,
be stated thus—every white freeman, twenty
one years of age, having "resided" according
to the primary meaning of that word, or ac
cording to the legislative definition of it, in any
" election district" created by or wader the authority of
the L'gislature, for ten days preceding the election,
shall be permitted to otfer his ballot in that district.
In large capital letters, with all the display
of type possible, this Pamphlet contains the
following language The right of a soldier to vote
under the Constitution, is confined to the election dis
trict where he resided at the lime of his altering the
milatary service." This language is to be found
only in the syllabusof the case, which is usually
and solely, the work of the reporter of the deci
sions of the Court, and is not contained in the
opinion of the Judge. Generally, the, syllabus
of the case is not the work or the language of the
court, bat is exclusively what the 'reporter sup
poses or believes the Court has decided. Fre
quently this part of the work of the reporter is
founded in a mistaken opinion of the reporter,
as to the impottant points of the opinion and
is wholly unwarranted by the written opinion
of the Judge. In this instance, the sentence as
printed in this pasnphki, is not to be found in the same
words in the opinion of fudge Woodward.
The opinion in Chase vs. Miller, so much relied
upon in this anonymous pamphlet, was written
and delivered by Judge Woodward, and was
dissented from by one of the Judges of the court,
to wit: by Judge Thorispson, who expressed his
non-concurrence with the opinion_ at the time
of its public delivery, by Judge Woodwird.—
The printed report of the case showing the fact
that "TnostesoN, Jusrwa, DEMME)," he there
by expresses, in the strongest manner in which a
Judge can do so, in our State, his disapprobation
of that decision, or at least his non-concurrence
in the doctrines then pronounced to be the law
of the land, because the publication of the dis
senting opinion of a Judge is forbidden by Act
of Assembly from being printed in the report
of the case.
In addition to "this, there is another very
striking fact, which the general public is unac
quainted with, to wit: -that next immediately
preceding the case of Chase vs. Hiller, and in the
same book, (6 Wright, page 499 there is to be
found the case of HUIDIELEFaiId BBINIEMSETE
Rams and Sum ;= in which the may opposite of
the law as laid down in Hiller vs. Chase was decided
to be the law governing elections, so far as re
lates to the votes of soldiers in camp, in adjoin
ing States.
In the case of Chase vs. Mier, a part of the
judges decided that "the .48t1 section of the
election law of Pennsylvania, passed July 2d,
1886, allineing stickers to vote, outside of the boun
daries of the State conflicts with the amended
_
ohm! 01 the 'l4
.article of, the Constitution, and
is therefore uncouititiitional and void!' In
Salami& and Brinhworth vs. Rems and Bitter, the
same Supreme Court touitliceensly decided, and
without any dissent of opinion, Quit •
"The law providing for the voting of sol
diers away from home in 'actual seroce, covers
the case of municipal erections held at *a same
time as the general election; hence the &mien
in camp, belonging to Philadelphia, at the tin., t
of thaelection in 1861, had the right to vote
for their proper municipal officers, and to have
their votes counted, if:-properly certified and
returned, and it wee thaduty of the judges of
each.ward to meet on' the .second Tuesday of
November, to include the votes so returned in
theitenumexation."
In the latter case; the soldiers had voted in
their in Vi ' inia and elsewhere, out of
the boundaries of the. State, precisely as they
bad in Chase vs. Hiller. In the former case,
.
their right to vote Was recognized and admit
ted ; in the latter denied and declared illegal
and.unconstitutional. In the one case the'
votes were cast for membersof the council of
the city of Philadelphia, to perform which act of
suffrage, the same qualifications were necessary
as are required of a man who.comes to the polls
to vote for Governor of this State. In Chase
irs: Ng/esthe vote of the soldims rejected, had
been cast for a Person: as. District Attorney for
the County of ammo. And in this latter case,
Judge Conyngham, one of the ablest judges in
Northern Pennsylvania, in an elaborate opin
ion, which he had prepared, but Which Is
omitted in the printed report of the case," sul
tained the 'constitutionality of the vote of the
soldiers.
Another portion of this vile and detestable
pamphlet-requires some notice. It is that por
tion otit.ivhich declares that soldiers have no
right, whether armed ortmarmed, to tie present
at an election. district.. The whole of what is
said on this subject is especially vile ,
odious
and detestable, from its tendency, if not aimed
purpose of exciting tumult,- violence and riot, if
not bloodshed,, at our election districts. One
portion-Of the 95th section of the Act of Assem
bly is alone referred to, whilst, the latterolause
of the same section, which declares "that noth
ing herein contained shall be construed to pro
vost any officer oteoldier, front cominng the right o f
suffrage in the election district to winch he may bd ong ,
if otherwise fualificd arSordtal to lam," is wholly
omitted, if not intentionallg• suppressed. The
whole of that section is as follows:
No body of troops in the army of the 'United
States, or of this Commonwealth, shall be pre
sent, either armed or untiimed, at any, place of
election - within this Commonwealth, dating the .
time of such election: Provided, That nothing
herein contained shall , hei so construed as to
prevent any officer or soldier, from exercising
the right of anif age in the election district to
which.he may belong, if otherwise gasified ac
cording to low,
4 •
The views herein expressed, it le believed, will
be concurred in by all of those who are really
and trUly kvsl members of the Hassinaselas.
33g ZeregrapQ.
FROM FORTRESS MONROE,
Combined Naval and Army Attack
on Charleston.
FORTBIS3 Monaos, October 10.
The steamer Caucasian, from Pensacola, Key
West and Charleiton Bar, arrived here, repo
that there was to be a combined attack by the
army and navy on Charleston, on the 11th inst.
The yellow fever was prevalent at Pensacola
when the Caucasian left. Paymaster Jenkins,
of the gunboat P-otomac, and Paymaster John
C. Rile, had died at the time of her leaving.
The surgeons had gained control of the fever,
The Caucasian is bound to the Boston na vy
yard.
The War in Virginia.
The Cavalry Battle Between Kilpat
rick and Stuart.
Apprehended Demonstration of
the Rebe
HILL'S COB'S IN MOTION
Retreat of Gen. Lee's Army to Richmond,
=1
The Washington specials state that Utneral
Lee's army has retreated from the Rapidan to
Richmond.
Yesterday evening reports from - the front re
presented that early in the morning one of
Kilpatrick's cavalry brigades, consisting of the
Fifth Michigan, Fifth New York and Seventh
Penniylvania, and another cavalry regiment,
attempted to make a reconnoissance on the
south side of Robertson's river, when they were
met by a large body of Stuart's rebel cavalry.
A fight ensued, continuing an hour, when
our cavalry fell back upon the infantry reserves.
After another severe contest our infantry
were compelled to give way, and a considerable
number of them were captured.
A detachment of our cavalry then dashed
upon the enemy, retaking all the prisoners they
had taken, with the exception of fifteen or
twenty of the infantry.
Our entire force was then pushed back by the
rebels towards Culpepper, seirmishing on the
way and contesting every foot of ground.
Heavy firing in the afternoon indicated that
the contest had been renewed.
Oar signal station on the summit of Thorough
fare mountain was nearly- cut off, but fortu
nately the entire party, with their property,
escaped.
NOVIDENNT OP GINIILLL nru.'s CORPS
It appears to be generally believed that the
main body of Gen. A. P. Hill's rebel corps has
passed from the left to the right of our front,
pursuing an obscure route, near the Blue Ridge,
intending to make a demonstration on our right
and rear, for the purpose of cutting off our
railroad communication.
Measures are preparing to give him a fitting
reception in that quarter; but should the rebel
movement be simply a ruse to cover a heavy
attack on our front, we are prepared for it, as
the ground has been cleared of everything cal
culated to embarrass a general and vigorous
battle on our part.
The advance of General Hill's corps proba
bly, commenced moving from Madison Court
House on Thursday morning, and Iby this time
it must be between Ciaurdelme fork and Aeatha ,
nis river.
It was positively stated yesterday morning
that the rebel-cavalry and Infantry were upon
the Sperryville and Culpepper pike.
On Friday some guerrillas were seen on Pony
Mountain, three miles southwest of Culpepper,
and are reported te.have been secreted in the
Devil's Den, a cave - Lin the mountain.
A citisen who was compelled to conduct a
scouting party failed to find it, and und:rr the
belief that he purposely misled our party, he
has been arrested.
A HIGHT MBAR IKADDSON COURT HOWL.
Weaungaron, Oct. 11.—A letter from the
headquarters of the Army of the Potomac
says: .
' "For two or three days the enemy have been
Concentrating a heavy force around Madison
Court House, and on Friday night and Saturday
morning they moved out of town in a north
wardly direction.
"A division of infantry, a large body of
cavalry, and considerable artillery, were occa
sionally seen by our signalmen pushing through
the opertogs of a forest which generally concede
the road.
"The object %E. the movement could not, at
that time, be detinvekinediupon."
Forrmass MONILOI, act.. 9.—The flag-of-truce
steamer Hew York returned last evening from
City Point in charge of Maj. john E. Mulford.
The rebels do not appear to feel disposed to
return our soldiers which they bold as prison
ers of war, and consequently our flag-of-truce
boats have for several trips returned empty, or
nearly.so.
The Richmond Etramirux of the Bth instant
has the following:
GORDONWILLI t Oct. 7.—Citizens confirm the
report that the enemy is falling back to Cul
pepper Court House.
Mit to Mount Yernon.
WASHINGTON, Oct. 12
Admiral Milne and his suite and the entire
'SA Legation, attended by the Secretary of
State and Amenit,jutt Secretary of State arad by
Mr. Stanton, a can of the Secretary of. War,
yesterday vi sited Mount Vernon and paid their
homage at the tomb et Washington. The ex
cursion was m a d e in thbeteamer Carrie Martin
and was, in all respects, ay pleasant ono to
the distinguished party. he naval officers
stationed on the Potomac, la' the vicinity,
waited on the Admiral and were received by
him with great courtesy. To-day, aewmpanied
by Major General Heintaelman, with a proper
military escort, the party visited the conva
lescent camps and other places of Interest in
the Department of Washington.
Markets by Telegraph.
__, Ilataissuata, Oct. 12.
The election attracts much of the attention
ofe merchants, and there is very little Mad
ness oing. Flour is held firmly at $6 26@
13
5 60 for superfine, $6.75(46 for extra, and
$6 2 7 for extra family. Receipts and stocks
light. Rye flour is held at $5 75, and cora
meal a 54 50. There is a good demand for
wheat, d 3,000 bushels were sold at 81 464,
1 60 for , and $1 65®1 76 for white. Rye,
is in good 4
and at $1 25. Corn has advanced - ,
with sales d. three thousand bushels of yellow
at $ 1 05, ad some mixed Western -at same
price. Oats +ire active at 850. Coffee firm,
with sales of Jtio at 32®33p. and Java at 35
@37. Provisins fi rmer, and there is more
doing. Whisk. has again advanced ; sales of
bbbs. at 64(465e
&mums, Oct. 12.
Flour very firn-- sales of Ohio extra at
$ 87 110) 7 00 . Whet active—sales of lEntricky
whits at $1
OA 95 and eciutherreed at $1 MO 88. Corn
81 ;0/ 1 4 southern white at $1 85
active—Wen of whkrA l ooag or. Whisky
oalett/ad—aides at
Nzw Yong, Oct. 11