Daily patriot and union. (Harrisburg, Pa.) 1858-1868, September 08, 1863, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    --RATES Olt ADVERTISING.
Fear lines or less constitute half a square. Night lines
er more then four, constitute A square.
gaff eq. : one no onft sci„, one $0 60
c one Beet. ».1 20 " one week.... 200
one month.. 800 " one m onth.. aOO
ii three months 500 " three months 10 00
. sin months.. 800 is sin m onths— 15 00
one year.-22 00 ig one year 2000
117 Business notieesinserted in the toast 00111X11,
or beers marriages and deaths, TIEN ONNTS Pelt Mils for
each hisertion. To merchant' and others advertising
by the year, liberal terms will be offered.
fa - The number of innertiens s wathe designated on
thessivertisement.
irr Marriages and Deaths will toe inserted at the Iltles
"'tea as regular suivertisements.
Business (Eatbs.
R OBERT SNODGRASS,
ATTORNEY Ar LAW,
Office North Third street, third door above Mar
ket, Arrive/um Pa.
N. B.—Pension, Bounty and Military claims of all
ki n ds prosecuted and. collected-
Betts to Hans_ John O. Kunkel, Dyad Mtinillia l Jr.,
mud B. A. Lumberton_ mymaacwoui
WM. H. MILLER,
AND
R. E. FERGUSON,
ATTORNEYS AT LAW.
OFFICE IN
SHOEMAKER'S BUILDINGS
SECQPID STREET,
BETWBbN WALNUT and MARKET SQUARE,
ap-29w&d Nearly opposite the Buehler House.
THOS. O. MAODOWELL,
ATTORNEY AT LAW,
MILITARY CLAIM AND PATENT AGENT.
Office in the Exchange, Walnut si., (Up Stairs.)
Haying formed a connection with parties in Wash-
I 5 tim City, wno are reliable bushiest' men, any iisi
,usss ommected -with any a the Deritmahhi Med
with immediate and careful attention.
D R. C. WEICHEL,
SURGEON AND OCULIST,
RIME= THAD MLR NORTH STRAIT.
He is mow folly prepared to &Hand promptly Is the
duties of profession in all its branekes.
A LOXG AID TWIT 11000161311116 YIDIaIL lilMllllloll
justifies him in promising fall and ample satisfaction to
an who may favor bitawith a Gall, be the disease Chronic
or any ether nature. 13128-d&wly
MILITARY CLAIMS AND PEN
SIONS.
The undersigned have entered into an association for
the collection of Military Claims and the securing of
Pensions for mounded and fabled soldiers.
Muster-in and Master-out Rolls, officers' kay fobs,
Ordnance and Clothing returns, and all papers pertain.
leg to the military service will be made out properly
and expeditiously.
Ofrice, thl 3 Axchallge Buildings, Walnut between
Second ; T h ird Streets, near Omit's Hotel. Haub
burg, Pa_ THOS. C. MACDOWBIA,
jegfi-dtf THOMAS A. DIAGUISA.
SILAS WARD.
/19.11, B* .TS "man gip, maximum.
STEINWAY'S PIANOS,
DERLODEONS, WOMB, tiIIITABB,
Banjos, _Flutes, Fifes, Drums, accordant*,
11 .111111a8, 8111117 AND BOOK XIISIO, &0., &On
I'HOTOGRA.PH FRAMES. ALBUMS,
Large Pier and Mantle Mirrors, Spare and Oval Prams,
of every description made to order. Itegailding dons.
Agency for Hewes Sewing Machines.
fa" Sheet Mania sent by Ms3l. oetl-I
S OHN W. GLOVER,
IWERCHATITT TAILOR!
Thu just zoodyed from New York, an mod
went of
SEASONABLE GOODS,
which he offers to his customers and the public al
uov22) MODERATE PRICES. diff
inj
JCOOK, Merchant Tailor,
. 27 CILITSNITZ ST., between Second and lfront,
Ran just returned fromthe city with an assortment of
CLOTHS, CASSIMERES AND VESTINUS,
Which will be sold at moderate prices and made up to
order; ga4, also, an assortment of BNADY MAIM
Clothing and Gentlemen's Yarnisking ends.
nov2l-Iyd
DENTISTRY.
B. IL MB% IL IL
z ,
14 N . 119 MARERT STREET,
trtto,
BBY & RUNKIT2I3 BUILDING, VP STAIR&
janB-tf
BLlGious BOOK STORE,
Racy AND SUNDAY SCHOOL DEPOSITORY,
E. S. GERMAN,
ST SOME SICIOND STRUT, ABOVA CIII.IOIIIM,
mAiiissozo, PA.
_ Depot forthesslo of Stersosoopos,StorsosooplelliewS,
illosto and Mulles' Instruments. Also, subseri time
liken Tor TeUgloss publications.
* TORN O. W. MARTIN,
• FASHIONABLE
CARD WRITER,
smutla PA.
Allmanner of VISITING, WEDDING . AND DEWI
NESS CARDS executed in the most artistic styles and
most reasonable terms. deel44lll
- UNION HOTEL,
Bidgo Avenue, corner of Broad street,
HARRISBURG, PA.
The undersigned informs the public that he has re
aggWrgagyated G ad ratt,94 his well-known " Union
HAW' on Ridge avenue, near the sound Home; and is
prepared to accommodate citizens, strangers and travel
as in the beet style, at moderate rates.
His table will be supplied with the best the maskets
afford, and at his bar will. be found superior brands of
Rom as 4 malt beverages. The very beat accommo
dations far rallroademi employed the eihiiki lb this
vicaultr. rald dtfl HENRY EOBTGEN.
FRANKLIN HOUSE ;
BALTINONN, MD.
Tide pleasant and commodious Hotel hwl WA* Ike
roughly re-fitted and re-furnished. It is pleasantly
situated on North-West corner of Howard and Franklin
streets, a few doors west of the Northern Central Rail
way Depot. Ivory attention paid to the comfort of his
gonsta. U. IJIDDIENBIND, Proprietor,
1012-tt Mats of Mins Grose. Pm)
THE O. F. BOHEFFER I
BOOK, CARD AND JOB PRINTER,
110 BTIOBT, HABRIBBUIIe.
l'argteniSr attention paid to printing, ruling and
binding of Buiinaug Blanks, Manifests, Insurance Poli-
W(Meeks, Bill Heads &O.
edding, 'Visiting end Bum" ees Carlin printedat vez7
low prices and in the best style. jan2l
TAILORING.
4 11314. M 43r . 8. is 1:1" lair .
The subscriber is ready at NO. 94, HAMM' ST.,
four doors below Fourth street, to make
MEN'S AND BOY'S CLOTHING
Ea any desired style, and with skill and promptness.
Persons wishing cutting done can have it done at the
shortest notice. ap274
CHARLES F. VOLLMER,
UPHOLSTERER,
Chestnut street, four doors above Second,
(OpPOUTII W&SEINOTOI Hoax Housz,)
II prepared to furnish to order, in the very best style of
workmanship, Spring and Hair Mattresses, Wind9W
tains, Lounges, and all other articles of furniture in his
lin," on short notice and moderate terms. Having ax.
penance in the business, he feels warranted in asking a
sharesf actio of public patronage, confidentof his ability to give
satin. jranri-dit
SKY—LIGHT GALLERY.—The rooms
on the.corner of Market square and Market street,
0 9901dt. the Jones House, occupied as a Gallery for
Daguerreotype, Photograph and Ambrotype purposes,
are 808 DMMT from the 9th of September next.
APIAT tO JOHN WYETH.
lYlB4.law3ir
WEBBTEIII3 ARMY AND NAVY
POCKET DICTIONARY.
any noshed and far MIO at
SORIUTZWB BOOKSTORii.
NEW ORLEANS SUGAR I--FIRST IN
Al IRS NAILICT I—Nor isle by
'WM. DM Js., & 00.
, ..
r, .1
.. . .
- 2 -:*--v.--' -;''''' ' r . ---- u 7 -
V i p 1! : - A4.7 . , ; -: 7,-..f
- . - -'4' '''''....- ' ' ' • ' '
. 1111
♦
' - - 7 : - - - . , -. • •,',3
..............--77%.-=' 7.7..-
,
, , •., • ,
.., '
I •
,
....„.....L.,.,...:,„_ : ..._, : ____,...
,r,.:.g..,.
~.,!,.,...,,.,
..
„ ............
......
VOL. 6.-NO. 7.
AteZrical.
-1 1 -
DR. SWEET'S
INFALLIBLE LINIMENT,
GREAT EXTERNAL REMEDY,
FOR RHEUMATISM, GOUT, NEURALGIA,
LUMBAGO, STIFF NECK AND JOINTS,
SPRAIN'S, BRUISES, CUTS do WOUNDS,
PILES. HEADACHE, and ALL RHEU
MATIC and NERVOUS DISORDERS.
Dr. Stephen Sweet, of Connecticut,
The great Natural Bone Better.
Dr. Stephen Sweet, of Connecticut,
Is known all over the United States
Dr. Stephen Sweet, of Connecticut,
Is the author of c' Dr. Sweet's Infallible lolulment. l)
Dr. Sweet's Infallible Liniment
Cures Rheumatism and never fails.
Dr. Sweet's Infallible Liniment
la a certain cure for Neuralgia.
Dr."'Sureet's Infallible Liniment
Cares Bursa and Scalds immediately.
Dr. sweet's Infallible LiniMent
'ls the beet Ismown remedy for Sprains and Bruises.
Dr. Sweet's Infallible Liniment
Owes Headache immediately and was never known
to fail.
Dr. Sweet's Infallible Liniment
Affords immediate relief for Piles, end seldom fails
to cure.
Dr. Sweet's Infallible Liniment
•
Ceres Toothache is one minute.
Dr. Sweet's Infallible Liniment
Cum Onto and Wounds immediately and leaves no
scar.
Dr. Sweet's Infallible Liniment
Is the beet remedy for Soree in the known world.
Dr. Sweet's Infallible Liniment
ljaa hen aged by more than a million people, and all
praise it.
Dr. Sweet's Infallible Liniment
Is truly a " friend in need," and every family should
have it at hand.
Dr. Sweet's Infallible Liniment
Is for sale by all Druggists. Price 26 cents.
RICILUIDSON & Co.,
sole Proprietors, Norwich, Ct.
For sale by all Dealers. ap2o eow-d&w
~~~t~.
F. WATSON,
MASTIC WORKER
AND
PRACTICAL CEXESTERI
Is prepared, to Clement the exterior of Bniidinge with
he Now York Improved
Water-Proof Mastic Cement.
This Material is different from all other Cements.
It forms a solid, durable adhesiveneal to spy iillfrium,
imperishable by the aetion of water or frost. Beery
good building should be coated with this Cement; it is
a perfect preserver to the walls, and makes a beautiful,
fine finish, equal to Mate= brown sandstone, or any
color desired.
Among others for whew I have applied the Mastic
Cement, 11616! to the following gentlemen I
I. Bissell, residence, Penn street, Pittsburg, finished
five years.
J. H. Shoenberger, reeidence, Lawrenceville, finished
five years.
James M'Candlass, residence, Allegheny City,finished
five years.
Calvin Adams, residence, Third Street, finished four
years.
A. Hoeveler, residence, Lawrenceville, finished four
years.
3. D. WOord,'Penn street, finished four year/.
Hon_ Thomas Irwin, Diamond street, WSW fm:
years.
St Charles Hotel and Girard Rouse, finished five
years.
Kittanning Court House and Bank, for Barr & Moser,
Architects, Pittsburg, finished five years.
(Orders received at the office of B M'Bldowney, Paint
ShOp, 20 Seventh street, or please address
T. F. WATSON,
mayl6-tf P.O. Box 1316. Pittsburg, Pa.
ADIES YOU KNOW WERE YOU
ass Bet fins Nots Paper, Envelopes, Visiting and
Wedding Cards ? At SORIPPERIS BOOKSTORE.
S UPERIOR STOCK OF LIQUORS...--•
WM. DOM, Js., & 00., are now able to offer to
their esurtomera and the public at large, a stock of the
purest liquors ever imported into WS market, compl
ain in part the following varieties :
WHISKY—IRISH, SCOTCH,OLD BOURBON.
WINE—PORT, SHERRY, OLD MADEIRA.
OTARD, DUPEY & CO. PALE BRANDY.
JAMICA SPIRITS.
PRIME NEW ENGLAND RUM.
DRAKE'S PLANTATION BITTERS.
These liquors can all be warranted ; and in addition to
these, Dock & 00. have on hand a large variety of
Wines, Whisky and Brandy, to which they invite the
particular attention of the public.
N ()TICE!
THE DRAFT IN THE 15TH AND ADJOIN
ING DISTRICTS.
NATIONAL SUBSTITUTE AGENCY.
SWISHER do CO., having opened an office in
Carlisle, at the SWISH
Assessor's offt De.' n Rheem 'a
Hall, are now prepared to furnish substitutes at fair
prices.
Subatitutee supplied from this office will be able bod
ied Aliens, not subject to draft. All drafted persons
served by us are guarantied a release from the draft.
Apply at once, in person or by letter at the “Na
tional Substitute Agency,” Itheenee Hall, ,
Carlisle.
Refe "nees.—J. H..Wealdey, Joseph Bltner. jr., J.
Bheem. A. K. SWIMER do CO.
August 4-ntt
\VAR! WAR! —BRADY, No. 62
Market street, below Third, has received a large
assortment of Swoons, Sums and Mrs, which he
gill sell very low. ank.o dtl
EXCELSIOR !-SUGAR CURED
HAMS Delicious Ham, eared =Prude' for
family use. They are superior to any sow in the mar
hot. isn724l WM . DICK. ER., & CO
T.OOIKING GLASSES --A Splendid
Assortment of New Looking Glieseds, Just received,
at W. KNOOHNI Music Store, 93 Market street, where
they will be gold cheep. Call and examine. mrl3
HARRISBURG, PA:, TUESDAY, SEPTEMBER 8, 1863.
Dank Notices.
NOTlCE.—Notice is hereby given that
application will be made at the next annual Ses
sion of the Legislature of Pennsylvania, for a renewal
of the charter of the West Branch Bank, of Williams
port Pa., with its present name and style, location,
privileges and capital of $lOO,OOO.
By order of the Board of Directors.
B. TONBS, Cashier.
June 30th, 1863-jy4-tml
LEGISLATIVE BANK NOTICB.-
Notice is hereby given that application will be
made to the legislative authority of Pennsylvania, at
the next session of the General Assembly thereof, com
mencing the first Tuesday of January, A.l), 1864, for
the incorporation of a Bank having banking and dis
counting privileges, with a onpitnl of One Million Dol
lars, by the name and style of " The Oil City Bank,'. 6
and to be located at Oil City, Penang° county, Penn
sylvania. C. V. CULVER.
June 29th„11363-6m
NOTlCE.—Notice IS hereby given that
"The Commercial Bank of Pennsylvania " intend
to apply to the Legislature ef Pennsylvania at their nem
session, for a renewal of their charter. Said bank is lo
cated in the city of Philadelphia, with an authorized
capital of one million of dollars, a renewal of which
will be asked for, with the usual banking privileges,—
By order ef the Board. S.C. PALMER, Cashier.
PHILADELPHIA, June 29, 1863-41 m
NOTlCE.—Notice is hereby given that
application will be made to the Legislature of
Pennsylvania at their next session, for a renewal of the
charter of The Farmers' Bank of Schuylkill County,
located in Pottsville, in the county of Schuylkill, with
the present capital of one hundred thousand dollars,
and with the usual banking privileges.
J. W. CAKE, Cashier.
hue 10,1808.-7 m
BANK NOTICE.—Notioe is hereby
given that the undersigned have formed an associa
tion and prepared a certificate for the purpose of estab
lishing a Bank of Issue, Discount and Deposit, under
the provisions of the eat entitled "A supplement to ea
act to establish a system of Free Banking In Pennsyl
vania and to secure the public against loss from Insol
vent Banks," approved the first day ef May Ann o Domini
eighteen hundred and sixty-one. The said Bank to be
celled TUB FABDUIREP BANK OF MOUNT TOY, to
be located ID the borough of Mount :cry, to Ogillidit of El
capital dock of One Hundred Thousand Dollars, in
shares of Fifty Dollars each, with the privilege of in
creasing the same to any amount not exceeding Three
Hundred Thousand Dollars in all.
J. Hoffman Hershey, John M. Hershey,
Martin B. Fetter, Jamb M. Magi;
Reuben Gerber, John X. Bear.
jan2B-demoawn
NOTlCE.—Notice is hereby given of an
intention to establish a Bank of MOMS% Deposit
and Circulation. under the provisions of an act, entitled
"An Act to establish a system of free banking in Penn
sylvazda,,, &c., and the supplement thereto ; said Bank
to be called THE MANUFACTURERS' 8AN11, ,, to
be located in the borough of Columbia, Lancaster
county, Pa., with a capital of One Hundred Thousand
Hollars,to be divided into two thousand shares of Fifty
Dollars each. deal-emd
ALLENTOWN BANK.
•
ALLENTOWN Berm, anne 20, BEM
Notice is hereby giro, that application will be made
to the Legislators of Pennsylvania, at its next session,
for an increase of the capital of said Bank to the amount
of $200,000 in addition to that authorized by the present
Charter; and also for an extension of the Charter of
said Bank for twenty years from the expiration of the
present Charter_
By order of the Board of Directors.
je2o-dtml CHARLES W. COOPNR, Cashier.
BANK NOTICE !—The Stockholders
of the FARMERS' AND DROVERS' BANK OP
WAYNESBURG, In Green county, will apply to
the next Legislature of the State, for an extension Of
charter, for the term of fifteen years from the expire
tion of its present term. The location, corporate name
and privileges, and amount of capital stook, to wit:
one hdndred and fifty thousand dollars, to be the same
as under its present charter.
By order of the Board, T. LALBAR, Cashier.
Waynesburg, Green co., Pa., June 16,1868—jewmitml
NOTlCE.—Notice is hereby given, in
conformity with the act of Assembly, that the
stockholders of the Bank of Montgomery County will•
make an application to the next Legislature of Penn.
sylvania for a renewal of the Charter of said Bank, with
the name amount of capital (Pour Hundred Thousand
Dollars) as under the present Charter, to continue its
present name and location.
By order of the Board of Directors.
W. H. BLINGLIMP, Cashier.
Norristown, Pa., June 20,11103.-6 m
XOTIOB.—The Miners' Bank of Potts
ville, in the county of Schuylkill, hereby give
notice that they intend to apply to the Legislature of
pgggsylyggle, at their next session fora renewal of their
charter. Said Bank is located in the borough of Potts
ville, in the 'county of Schuylkill, with an authorized
capital of live Hundred Thousand Dollars—a renewal of
which will be asked without any extension of privileges.
By order of the Board.
OKA. LOBSEIL, Cashier.
Pottsville, Inns 20, 1868.1md
ITOTICE is hereby given, that applica
tion will be made at the next annual session of the
Legislature of Pennsylvania, fora renewal of the el:miter
of the HARBldEltifte BANK, with its present name and
style, 1ei:4044A, ptheases, and capital of Three Hundred
Thousand Dollars. By order of the Board of Directors.
7. W. WEIR.
Cashier.
TRADESMEN'S BANK,
Inns 24, 1863,
Notice fa hereby given, in conformity with the laws
of the Commonwealth of Pennsylvania, that the Trades
men's Bank, of Philadelphia, located in the city of
Philadelphia, created with banking and discounting
privileges, with a *vital of One . Hundred and Fifty
Thousand Dollars, that application will be made by the
said Beak to the nest Legislature for authority to in
crease the capital One Hundred and Fifty Thousand
Dollars.
By order of the Board of Directors.
JOHN OAS TITER,
3y64m1 Omhier
INDEPENDENCE ISLAND.
Messrs. BEOKBR & FALB, Proprietors, announce to
the citizens of Harrisburg that this cool and delightful
Summer retreat is now oven for visitor/I. Accommoda
tions will be furnished tin parties and pic-nice at reason
able terms, a dancing platform having been erected fir
their special use. Season tickets for families, good for
one year, $l.OO
No improper characters admitted, and no intoxicated
person will be permitted to visit the
A Ferry Boat plies constantly between the Islowland
the foot of Broad street, West Harrisburg. jel3-3m
SPLENDID ASSORTMENT
0
- LITHOGRAPHS,
Formerly retailed at from $8 to $5, are now offered at
50 and 75 cents, and $1 and $1 50—published by the Ar
Union, and formerly retailed by them.
Splendid Photographic Album Pictures of all distin
guished men and Generals of the army at only 10 ete.
For sale at 84111IFFEWS Bookstore,
18 Market street Harrisburg.
BASKETS!
LAMES TRAVELING,
MARKET,
SBHOOL,
PAPER,
KNIFE,
OLOTHES,
ROUND,
CHILDREN'S,OAHE,
For ale low, by
jell WM. DOOK, Jr., It Co
WHITE BRANDY !!!—FOR Danny-
INa Quarosze.—A very superior article, (strictly
Flory just received and for sale by
JlllO Wht. DOCK, Jr., & Co.
MESSRS. OHICKERING & 00.
HAVE AGAIN OBTAINED THE
GOLD 111EDA.L!
AT VIM
MECHANICS' FAIL BOSTON,
OVER 1 13 1 1 1 . 1 i7V COMPETITORS!
Wareroook for the alrf()KMEINft YIANOO, at rfarSht
burg_,_at 92 Market street,
°"s"tf W. SNOOHN I B MUSIC STORM
WINDOW ; WADES of linen, gilt
bordered; end PAPER BLINDS of •°_ endless
verietr of designs and ornaments ; also, CURTAIN
PIXTURNB and TABOBLII st very low prime. Call at
Scheffees Bookstore.
- 1 4 1atriot anin,
TUESDAY MORNING, SEPT. 8, 1863.
SOLDIER SUFFRAGE.
BLOOMSBURG, Sept. 4, 1863.
Dear Sir:—ln reply to your letter of 22d of
August, in relation to soldier *voting, I have
prepared and now transmit you a paper which
contains the information requested.
I am, dear sir, very truly yours,
C. R. BUCRALEW,
- Hen. Geo. Scott, Catawissa.
Au examination of the Statutes, Decision of the
Supreme Court, and proposed Amendment to
the Constitution, upon the subject of Civil
Suffrage by Citizens of Pennsylvania in Mili
tary Set-Tice.
By an act of the General Assembly, passed
29th March, 1813, it was provided: That
whenever any of the citizens of this Common
wealth, having a right to vote at a general
election, shall be in actual military serViee
under a requisition from the President of the
United States, or otherwise, on the days ap
pointed by law for holding general elections
within this Commonwealth, each and every
such citizen shall be entitled to exercise the'
right of suffrage at such place as may be pre
scribed by the commanding officer of the com
pany, or troop, to which he or they shall re
spectively helong, as fully as if he or they
were present at the usual place of election, any
provision in any act or acts now in force to the
contrary notwithstanding: Provided, however,
that no such election shall be held if the com
pany or troop to which such person or persons
shall be attached shall be within two miles of
the usual place of holding elections, at the
time of holding such elections."
By the second section, 4, the captain or com
manding officer of each Oonipaiiy, or troop,
shall act as judge, and the first lieutenant, or
second officer in command, shall act as inspec
tor, at such election, so far as shall relate to
the proper company or troop to which such
of f icer shall belong." There are other sections
regulating returns, &c.
This old statute was superseded by the
forty-third and some of the following sections,
of the general election law of 2d July, 1839.
The 43d section of this law reads as follows:
"Whenever any of the citizens of this Com
monwealth, qualified as hereinbefore provided,
shall be in any actual military service in any
detachment of the militia or corps of volunteers,
under a requisition from the President of the Uni
ted States, or by the authority of this Common
wealth, on the day of the general election as afore
said, such citizens may exercise the right of
suffrage at such place as may be appointed by
the commanding officer of the troop or com
pany to which they shall respectively belong,
as fully as if they were present at the usual
place of election : Provided, that no member
of any such troop or company, shall be per
mitted to vote at the place so appointed, if at
the time of such election he shall be within
ten miles of the place at which he would be en
titled to vote, if not in service as aforesaid."
The forty-fourth section is similar to the sec
ond one of the act of 1813 above mentioned,
except in the new provision it contains, that in
case of the negleot or refusal of the officers de
signated to serve at such election, the officers
Id next in command" in companies or &imps,
shall act as judges and inspectors. The pro
ceedings for conducting such elections shall,
as far as practicable, be the same as those at
ordinary general elections. By the forty-fifth
section the manner in which the officers hold
ing such elections shall be sworn,
Is directed.
The forty-sixth expressly declares that all pen
alties upon officers and electors for violettion of
law at ordinary elections, shall extend to these
provided for by the act. The four sections
next following, relate to returns and to the
enumeration of votes by return judges. It is
to be remarked, that all the returns directed to
be made are to be transmitted through the
mails.
Under these acts, or rather under that of
1839, which stands in place of the older statute,
it is plain, that persons drawn for military ser
vice of the United States under the conscrip
tion net of Congress of 3d March, 1863, are not
authorized to vote. For the sot of 1839 applies
only to " detachmente.of militia" and to " corps
of volunteers" in service under State authority,
or under a requisition upon the state from the
President of the United States. In 1839, and
always previously, conscription by the United
States was quite unknown, and no provision
was made for persons who might be drawn into
service by it. Therefore, even - if this law
should be held valid, conscripts could not vote
under it. They, like citizens in civil life,
would be obliged to vote, if they voted at all,
in their proper home election districts and not
elsewhere.
Again, the act of 1839, following the ex
ample of the act of 1813, provides only for votes
to be given at the general' election.", which, by
our Constitution, are fixed on the second Tues
day of October of each year.
It follows, that there could be no voting un
der this law at Presidential elections, at the
annual spring elections, or at • municipal or
special elections fixed at other times within the
year than the second Tuesday of October. At
none of these can the right of suffrage be ex
ercised " on the day of the general election, as
aforesaid," to which occasion the privileges
conferred by the act are limited_
Nor does it seem contemplated, or reason
ably possible, that elections should be held
under this act, except in companies of troops
under complete State organization, with citi
zen officers. The commanding officer of the
troop or company is to fix the place of election,
and the officers are to hold it, to be sworn, and
to make returns. Only citizens of the
State, or persons owing allegiance to her laws,
can be directed by her to perform such duties.
Ground has already been shown for holding
that citizens of this State who volunteer into
companies raised by other States, or directly
into the service of the United States, indepen
dent of State organisation, cannot vote; for
the same reason of exclusion applies to them
that applies to United States conscripts, to wit:
that they are not included in the terms of the
act of 1839. But beyond this, where the
officers of any troop or company, the members
of which are qualified to vote, shall neglect or
refuse to appoint, to hold, or to make return,
of an eleetion, the whole proceeding must fail;
and where such officers are not citizens of this
State (which may be often the Seee,) they can
not be puaished. There can be no pretence
of power on behalf of our State to extend her
laws, civil or criminal, over persons beyond
her borders in. United States service, and who
owe her none of the duties of citizenship.
I Resnais that the act was intended to have
operation and authorize voting as well beyond
as within the State limits. Notwithstanding
respectable professional opinion to the con
trary, this conclusion may be drawn from tho
following points : Ist. That all the election
returns are to be made through the United
States mails, which oan convey them from re
mote poiatc. 2d. That military service ren
dered the United States by our citizens, will
usually be service beyond the State boundary.
3d. The practice under the act in 1847 during
PRICE TWO CENTS.
the Mexican war, and 1861. 4th. The in
equality of allowing some qualified soldiers to
vote.and excluding others; the enjoyment of
of the right depending upon the circumstance
of place at the time of the election over which
the voter, being subject to military orders, can
exercise no control. Lastly, may be consid
ered, the situation of the State and country
when the act of March 29, 1813, passed. In
the spring of that year the invasion of Canada
was intended. Strong efforts were to be made
to obtain control of the lakes and of the country
beyond them ; to retrieve the Hull disaster ;
to chastise the savages, and to secure ourselves
against insult and danger along the entire bor
der. Pennsylvania soldiers were then in the
army of Gen. Harrison in Northern Ohio and
at other places beyond the State lines, and the
military operations in which they were to par
ticipate were also to be conducted beyond
them. Under these circumstances this act to
authorize soldier-voting was passed. It was
probably intended to encourage enlistments
and volunteering, and to operate extra-terri
torially, at places outside the State, to which
militia and volunteers were to be sent.
Having now shown the terms and extent of
the law regulating suffrage by persons in mili
tary service, we may proceed to examine the
question of its validity. For that has been as
sailed and judgment has gone against it in the
highest court of the Commonwealth. The stat
ute is pronounced by that court to be no law
and void, because it contradicts the first section
of the third article of the Constitution of Penn
sylvania. That section reads
"In elections by the citizens every white
freeman of the age of twenty-one years, hav
ing resided in this State one year, and in the elec
tion district where he offers to rote ten days immedi
atel,y preceding such election, and within two years
paid a State or county tax which shall have
been assessed at least ten days before the elec
tion, shall enjoy the rights of an elector," &c.
This is the fundamental law which excludes
all other law inconsistent therewith. The man
who falls within this exact description of an
elector, has a complete right to vote of which
no Legislature can deprive him, and upon the
man who is deficient is any one particular here
mentioned, no Legislature can confer the right.
It is not in the power of Judge, or Governor,
or Legislator, to change one hairsbreadth the
electoral requirements here recited, and they
are each bound by solemn oath to support the
Constitution which contains them.
Let the words relating to residence in an
election district be taken according to their
plain meaning, and 04 they must have been un
derstood by the people when adopted by them
as part of the Constitution, and what do they
import ? Clearly, in •any given case, these
three things : Ist, the existence of an election
district; 2nd, residence therein for ten days, and
3rd, an offer to vote there. Bat the, act of 1839
utterly disregards all these conditions upon
which suffrage is made to depend, and attempts
to authorize elections without them. It estab
lishes no election districts ; it adopts for its
purposes pone already formed ; and it neither
requires nor contemplates any fixed residence,
or any offer to vote, within a district. The
word distact includes the ideas of territory
and boundary, and the term election district, as
used and perfectly faMiliar in this State, meant
a limited portion of territory within which the
right of suffrage may be exercised by qualified
residents thereof, and to which, as to , them,
that right is restrained.
The act of 1839, like that of 1818, authorizes
“the commanding officer of the troop or com
pany" to appoint the place of election, but
this has nothing to do with the formation of
districts, and none are, in fact, to be formed
or established. Fixing places of election—
selecting the prociss spots, within districts,
where voting is to take place—is quite a dif
ferent thing from establishing districts, and if
it were not, the Legislature could not dele
gate its powers for such purposes to a military
officer.
But the non-requirement of a fixed residence
of the voter at the place of voting, for the pur
pose of suffrage under this law, quite as clearly
condemns it. "Having resided * * * ten
days immediately preceding such election, &c.,
he shall enjoy the rights of an elector.;" so
says the Constitution. "Being in actual mili
tary service on the day of election, he shall
enjoy the right of suffrage,&a.," says the
statute. No previous resience ! whatever is'
required at the place "where he offers a vote"
—at the place "appointed by the commanding
officer of the troop or company" even if
such place could, by some strange use of lan
guage, be called "an election district." He
may see this place and the region about it,
for the first time, on the very day or the very .
hour *hen he votes, and may leave it forever
a moment after his vote is given.
But it may be said (and nothing else can be
said) that he votes by virtue of his continued
residence in his proper Clcction district at
home; that such constructive home residence
fulfils the requirement of the Constitution, and
enables him to vote at the " place" where he
may happen to be. But this argument is ut
terly ehattered and destroyed by offing against
it the strong, clear words of the Constitution
itself :—"resided"—"ten days"—"in the election
district WHERE HE OFFERS TO VOTE !" Indis
putably, by these words, the place where a
citizen may vote is constitutionally declared
to be within the very election district of his
residence, or, as said by the Supreme Court—
"construing the words according to their plain
and literal import * * * they mean, un
doubtedly, that the citizen, possessing the
other requisite qualifications, is to have a ten
days' residence in an election district, and is
to offer his ballot in that district."
This provision relating to the district resi
dence of voters was not in existence when - the
act of 1813 was passed. It was one of the
amendments made to the Constitution in 1838.
prior to which time only, a State residence of
two years was required. An examination of
the debates of the Convention which framed it,
will show, that it was intended to secure elec
tions against fraud, and to bear the construc
tion now given, and which is required by its
very language.
If persons having a district residence Were
allowed to vote beyond their districts—beyond
the neigborhoods where they are known—
and even (as in cases under this act of 1839)
beyond the limits of the Commonwealth—the
very frauds, irregularities and confusion which
the amendment was intended to prevent, would
come into existence, to degrade the elections
and afflict the people. But if the act of 1839
were held to be good law, the Legislature could
authorize, not soldiers merely but other citi
zens, to vote outside their proper districts and
at remote points, with all the evil consequen
ces just stated.
Untenable, however, as Is this position that
home-residence may be made to support Toting
abroad—condemned as it may be by the fun
damental law and by reason—it points to an
important doctrine of principle of law which i s
next to be considered.
The citizens who compose the detaehmente
of militia and corpe of volunteers mentioned
in the act of 1839, do not lose their claims to
be considered residents of the State and of their
respective election districts, by entering into
military service, for temporary periods, and
under the orders or at the instance of their
PUBLISHED EVERY MOWING
BITADAM /IXOETTBD
BY 0. BARRETT „t DO
• •
Tam DAILY PATRIOT Ain ITuTou will be served to sub•
scribers residing in the Borough for TIN ours mit lIIME,
payable to the Carrier. Moil subecribers, r ivn noLLasis
PER ARNIM.
Ts: Wands TATS/07 AID UNION if/ publishefl atm)
DOLLARS PLR ANIUR, invariably in RdTSI2O6. TOR 0000
to one address, fifteen de/lays
Oeullested with this eetablislumens n extensive
JOB OPFIOB, containing a.variety of plain and fancy
type, unequalled by any establishment In the Warier et
the Stets, for Which the patronage of the pablie le No
licited.
State government. They are justly considered
as temporarily absent upon the public business,
without such surrender or waiver of their citi
zen-rights as would follow an ordinary removal
of a citizen into another State or country. This
most reasonable and just doctrine ie completely
supported by authority and stands sure.
Residence within the State or district does
not require for its maintenance the constant
bodily presence therein of the individual who
claims it. He resides•there if he have there
his domicile, or (borrowing a good word tom a
Saxon instead of a Latin original) his perma
nent place of abode.
If he go forth at the command of his State, to
breast in its behalf the shock of war, he does
not loosen his grasp upon his home, and when
he returns to that home, perhaps scarred and
broken, he resumes the exercise of his electo
ral rights as if he had been always there cor
porally present.
This doctrine of home-voting resting upon
home-residence, is supported by common usage
at our elections, and by the very decision of
the Supreme Court now under review. Hun
dreds or thousands of volunteers and militia
men have so voted in this State since the out
break of the war, and thousands will so vote
at the general election now approaching. But
the clearnesss and certaility of this right tell
with decisive effect against the lawfulness of
voting abroad, and must oblige an advocate of
the latter to maintain, that an elector can hive
two legal residences at one time, or that he can
vote at either of two different places of election
on the same day,
It remains to say, in this place, that the
Supreme Court has not decided that soldiers
cannot vote, but simply that all citizens,
whether soldiers or civilians, must vote in ac
cordance with the Constitution of the Com
monwealth. The opinion of the Court, which
will be found in the sth volume of Wright's
Reports, page 403, is most full, forcible, and
satisfactory, and should be read by any one
who desires to form an intelligent and final
opinion upon the subject to which it relates.
In consequence of the decision that soldier
voting, outside of proper districts, was uncon
stitutional, a joint resolution proposing an
amendment to the Constitution, was brought
forward at the last session of the Legislature,
and was passed by an unanimous vote in both
houses. That proposition is as follows :
"There shall be an additional Notion to the
third article of the Constitution, to be desig
nated as section four, as fellows :
" Sze. 4. Whenever any of the qualified
electors of this Commonwealth shall be in any
actual military service under a requisition from
the President of the United States or by the
authority of this Commonwealth, such electors
may exercise the right of suffrage, in all elec
tions by the citizens, under such regulations
as are or shall be prescribed by law, as fully
as if they were present at their usual place of
election."
If this proposition should be again approved
Or passed by the next Legislature, it =Alen,
after a notioe of three months, be submitted to
a vote of the people for their adoption or re
jection, and upon adoption by them would be=
come a part of the Constitution.
It will be observed that this proposed amend
ment follows in part only the peculiar - phrase
ology of the act of 1839, in designating the
persons in military service to whom it extends.
It speaks in thb language of that' act, of per
sons "in any actual military service," and
then, dropping' the words, "in any detachment
of the militia or corps of volunteers," con
tinues, " under a requisition from the Presi
dent of the United States, or by the authority
of this Commonwealth." The effect of the sup
pression of the words stated, is not perfectly
clear. The word "requisition," in the act of
1889, means a call or demand made by the
President upon the Stale. If it is intended to
have the same - meaning in this amendment,
perhaps there is no change of sense produced
by the suppression ' as such requisitions would
at all events be filled: by "detachments of
militia or corps of volunteers." Bat the writer
of the amendment may have intended , to "give "
this word -" requisition" a more extenetve
meaning, so as to include any demand or order.
for troops from this State, whether directed to
• the State authorities or not. It is one of the
imperfections of this amendment, that the
meaning of this important part of it should be
open to dispute. If conscripts are to be in
cluded in the amendment, end to exercise the
right of suffrage ender it, it will be important
to turn to the 14th Bastion of the oonaaription,
not of 3rd of March, 1863, which provides :
"That all persons drafted under the provi
sions of this act shall be assigned by the Pre
sident to military duty in such corps, regi
ments, or other branches of the service, ae the
s e n igenoies of the service may require."
How soldiers dispersed under this provision,
scattered n all parts of the service, mingled'
with men and commanded by officers of other
States and countries, can exercise the right of
suffrage under the regulations of the act of
1839, or of any other State act of similar
character, it is difficult to conceive.
The proposed amendment applies t 9 " all
elections by the citizens," and is not confined
to " general elections"' as are the acts of 1813
and 1839. It is Comprehensive, and at Presi
dential elections it would doubtless be conve
nient and effective in aid of a President who
desired a reelection, or desired to select his
successor. As 'Commander-in-Chief of all in
military service, he could control the whole
proceeding, and the country would be relieved
from all those hatraesing doubts and that vex
atious uncertainty as to results, which have
hertofore characterized our Presidential elec
tions.
When this amendment again comes up in
the Legislature for action, it will be important
to examine carefully its form, the signification
of the word "requisition" which it contains,
and its probatle operation and effect in future
Presidential elections; in short, whether its
departures from the phraseology and provi
sions of the act of 1889 are improvements or
not. This is• rendered particularly necessary
by the introduction into the policy of the Uni
ted States of the plan or system of conscrip
tion, which (as already stated) dispensea with
calla or requisitions upon the State govern
ment and acts upon the citizen, establishing
an entirely new milikary relation between the
citizens of the State and the government of
the United Stated. It will be neueesat, that
tlip,,amendment have such form that it will
fairly accomplish its purpose and stand undis
turbed and unperverted by contact with new
plans of military action or polio , adopted by
the United States. Otherwise, it may possibly
happen, that complete control over State elec
tions will be transferred to the Federal gov
ernment, although such result is neither
desired nor contemplated in amending the
Constitution.
Appeals are now made to soldiers. by party
newspapers and orators, to oppose Judge
Woodward at the coming eleotion because, in
the regular course of his duties, be WAS obliged
to decide the question of the constitutionality
of the act of 1889, and did decide it, along with.
other judges of the Supreme Court. honestly
and truly. Neither he nor hie colleagues
could change the Constitution. They were,
ae honest men, bound to declare it as they found
it, and apply it to the case before them, That