OJF Tjl
"NORTH
JACOB? '& IXELER. PuMIshsn.
TRUTH AND RldHT G0D AND OUR COUNTRY.
Two Dollars per Annum in Adrance
XXX' I OLD SERIES.
BLOOMS BURG. COLUMBIA. 'CO., P.A., WEDNESDAY. JUNE 6, 1866.
scvsrmDjVOL. L NO- 15-
r
1
I -
.v, the ': . -
"P.PMOCKiT AND 'STA R,
'j'tmLISnED EVERY WF.I).NDAY,
JACOBY c IKELER.
TERMS, 00 in advance. Tfnntpnld til! the
ii-2fL 53 rent, additional will be charged.
' Cy-. To lter cU.cnnlinued until all arrearage
re paid except at the opt ion r.f hc editors.
;;RATpii?;ipVERTISL0.
- '. uirairoiirrmTM a itmke. -
One aqvar or three insertion ....-..."$l $3
.Every aubeequent insertion !e ttian 13 ,....50
- rc. . i lx.. . ; Sat- . -3. i Oaf, Jr.
..One square, ..
T anoarea,
, nThee ,
r Font sina'rea.
2.r0
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6.10
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Executor's and A iui;i.ilralor' Notion. ....... .3 01
Auditor' Notice i;. v ...Si.iO
. Other advertit'euicnis :oerte(Taci:ording to spcciui
ontra-l. . ...
business Kozizis, tvi'.hoct. aJvenienie:u, wenty.
'certa per tine. ,
Transient aitrerOsf m;'nt payst!.. fa. aJ uee, mill
"other due niter h fl ft iinjtiioii.
O" ' FU.'E -Iu Slave's tiotk, Cor.Vcr'Vf Main
'B4 It) flreete .. - ' - v -
..- y. r Mkmmcb'rrs. ;''ttip;t(i omtt-, Pn.
weNvier Can For
BT llTtil.
Tbe atk aa to "forjst that eter.
I War baa earaed tbia favored land. .
' Or that w bar 4 Buffered never,
. r Byaproad invading band. . , , , .
But can wa blot from memory'i table .
; Tbe tking va've seen-aail felt for year I
Aalhougn it were a aong or ratile, -
' And not a fact o( bluod anj tear.
- . .
Too deeply hare our heart enshrined them.
Too keenly nave we felt ths pain, -
Til "y'va left too aura a alius bgtiind them,
.Never to tfiink f (tieai'cja.'n.
Too eloeely they've bem interwoven, "
' With our borne and Greaide.
Too clearly baa 'tie ui It beca pioven,
Of the men wbo did deride.
S're .to tbink of them as brother.
Or to fee that tliy are frinde,
For we are, but, mm like titbera.
" And, like otht-rs, need auienda.
TVe would forgiVe aa we're forgiven
And me icy abow to follow man,
' And (hne obey (to law of Heaven
' But ki forget, we' never can. .
'But wby lua ajk. to for jet hem t , .
' 'sAnd why this antiou trouUloa inin t.
Does recollections good betet th m f '
And drive them with n lightning rein.
Will reeompenee to thmie double'
Doea conscience 'waken ugly fear J
tbia the eauae of all their trouble ?
Aa the day of retribution near ?
- Let these revjrr and change )bir manners.
And Yoti! for Law and Libirty,
, Let these inscribed upon ibeir ba nners.
- Show what tbey mean by being free.
Tbry'the need fear' no rettitutioa
' 1 Of t?le D3te'ocratic cause,
Ifs' founded on tbe Constitution
v Aitf itriKes at kane nillo love its laws.
' Iipositibn'of the People.
. . '
A correspondent of tlio New York Times,
"Vriling from Georgia says :
' I hlte conversed freely vrith all classes of
people with officers aiid soldiers of the ldte
Confederate army, with planters, with editors
.with professional men, tnulers and mechan
ics, and oh all irapoituct points 1 have found
a general concurretice of opinion. The fir.st
:thing which stfnck me was the comparative
'ihdiiferenc of the people in regard to polit
'ical questions. The : doings of Congress,
'though eo vitally affecting their interests,
cause no excitement and little di?cu.-cion. In
the first place, they are too l.ay endeavor
ing, like sensible men, to mend their broken
fortunes, to give much attentiou to puMic
affairs, and, in the second place, they feel
that they have little to do but to sul mit to- the
requirements of the "powers tlratbe," bow
ever unjust, and "bide their time;" but
, AJlSTnET LOTAL?
. Sly observations and inquiries have con
vinced me that they are, with few excep
tions, entirely; and sincerely so ; but I de
epair of bringing forward any such evidence
of this disposition as many people of the
North seem to require. I have heard no
'expressions of enthusia'mi on the restoration
'tpf the old flag ; no protestations of especial
"admiration and love for 'the Yankees ;" no
veTy decided and zealous defence of the
Freednien's Bureau, as its affairs are gener
ally administerei ; and little approval of the
"obstroctioo'', policy of thi rulin j mniority
rrt Congress. - On ths contrarj', I have' heard
vhsrles Siimner and Thai. Stoverf!-: d nounc
.'ed ih 66 ieasiired trci- ; h :ve U :tf nod to
the doings of corra;. t ag-.;nts of the gov
'crnment; and been aarI ag iin and again
that negro suffrage is trtt-jrly distitefnl to
the Southerfl people, If the.-c be evidences
'of disloyalty, thei the case will, I fear, be
made out against the iouth. Uut I have
found the people faithful to their oaths of
allegiance,, willing to abidQ by the result of
fLe war, and determfned to obey the Con
stitution and tbe laws and like good citizens
jabor to promote the prosperity of the coun
try. They cherish - no hostile feelings, plot
no treason; are not ''ripe for another revolt,"
J. (as some seeui. to fear) and entertain no
'thought of a future separation from the
North. - Are we not asking too much of
hnman nataro when we reic?re more than
this of a conjured and despoiled people ?
"Jitnfc enough," oni bf them pcrti
hehi!y says, "'that, since the surrender of onr
armies,. trere hi3 fcor beeTi an overt act of
resistance to the National authorities in all
) bur borders ; it is not enough that the small-
Jfest earridonshave not orJy reen nndisturbed,
iius mo recii'nrvj oi cjuiio), arm oiien oi
he kindest hospitality ; it is not enough
lhat our soldiers have been fajthfnl to their
Varoles, and our people to their oaths of al
JrTjiiace; it is not enouch that. Lee and
tiiephens, and a host of others of known ve-
tznjr nave corn solemn tesumony w uie
jjood futh of our r-eople !" ..
Ia tile face of tnei undeniable facts shall
jre qrrifce every denunclaf ion of the high
hz 1 i and tyrannical ":t of some ignorant
r '. I urcrtipu'on? depit; of the Fretidmen's
lircaa, as evidence of" k rebeljijoua spirit
asi trcaic-ilb mtcutitn.s vr point to every
butr- T r.":-.-;:tto-i drunkerr .white
xowiiy, t aa equally. wort FJcss' and per
l ap zzvi .drunken r.pgro, aa evidence of
therr.ed cf a landing 'ii.rriy',ahd' martial
L"frtho?:-lh?. - . 1 .
Thel-
( fl'"-.. Preston Ilicg, who
:ri i. ora a' steamboat in New
C'Vt i :
l iy, i.i liOvemLcr luit, wa3 discovered
A Political General's soliloquy.
. Whir-r-r-r !
How like a rocket I went up, terrifying
the innocent.
Spat J .
How like a stick falling in th3 mud did I
come down !
When the late rebellion began, I did not
amb'unt to enough to ?.dd up and give one to
carry. .1 vras a sort of second-rate loafer,
begging tobacco, standing around saloons
and bar-room-?, waiting to be treated by lib
eral strangers. "I h ad no clean stockings
no neat home no money saved no credit
no fine food, and butlittlecoar.se. ''Uut
suddenly a star arose !" Brave men were
wanted I had peddled whiskey at the polls
to elect men on the God-arid mefdity, re-trenchmcnt-and-reform-ticket
I could itell
a bigger lie and stick to it closer than any
hungry politician in the country, and the
fate administration noble administration
gave me rich reward. I was made a cap
tain, and like a blue-tailed bottle-fly I strut
ted about my native town.
Guess I wasn't old style, in white cloves
and stripes up my legs. Guess I didn't sup
lort the Government. Keckon I didn't get
trusted to little things at store, fend when a
man wouldn't tnt-t me, guess I wouldn't in
cite mobs on such Copperheads. And Ivras
put in command of a hundred men. Egad !
that was a joke. Why, Lord bless you. I
didn't know as much about war as a d'g
knows of.his great grandfather but I had
political influence could absorb vast quan.
tities of whiskc, and could steal. Or like
John Brown. Or like Butler. Or like any
Other'btruse robber.
And I went to war. And I hired cores
pondents to mention my brave exploits in
Republican papers. And I stole wines from
hospitals, and treated 'my friends. And I
read the army letters which I hired written
and which poor . fools printed to political
friends. And I kept out of the way of bul
lets and such-and I stole piles of hovsjho'd
goods, from rat-traps to piano?, from silk
elastic to linen intended f. r infants yet un
born, and so in the eyes of the late Admin-
istration proved my fitness for high position.
And I was made a Brigadier-rreneral. Biff
thing. Nearly every f j J in the army was a
Brigadier-general. While brave inch fought,
I stole spoons and such. While other men
were at war, I was punishing democrats, is
suing petty orders. ';t:iking toll" from Union
farmers, and sendiugchairs, tables, beds and
bedding, pictures, bocks, spoons, knhts and
fork, nut-crackers, Ths-s arl eilverware.
mirrors, sideboard-", parlor ornaments, laces,
silks in id ladies' uiid?rcr'jt!i-:-.T .st. leu from
private drawers, trunks and bureau up
North at Government expense, to lot people
know that I was saving my salary to beauti
fy my home.
Cunning cuss !
And I denounced Democrat , thereby win
ning promotion and good opinions from Re
publican papers. And I spent my salary
for whisky, except what went for noth
ing now, not much at first ! And I went on
raids, capturing imaginary bands rf et;'t mief.
reported by the papers as real. And being
an unscrupulous knave, interrt only on mon
ey, I was hired by the administration of the
late lamented to go up and down the land
stumping the country for and in bcdialf of
ne.gxoes and Abolitionist? par iijbil-:fra-trvm
!
And I sent Democrats to the front and
they were shot down like dogs, or dragged
back wounded to die in hospitals, or swear
allegiance to Abi a'lam. "And I stuffed elec
tion returns and I stole cotton wherever it
could be found ; mule3 ditto ; corn ditto ;
Government stores ditto, and other things
ditto, till I became rw h. And what a lot of
men there were who believed w were fight
ing to s'iibdne the rebellion. That Was a good
joke. ?Twas merely a pleasant little mur
derous crusade for cotton atd negroes the
cotton f T the rich, the inegrocs for the poor
tix-payers to support.
The war was a 'God send to me. It took
me from the gutter, or a stool in some sa
loon, end made a great man of me. It lift
ed me by the waistbands right up alon aside
of Wellington, Napoleon, Alexander, Wash
ington, Jackson, Grant, Sherman and other
great men-. And didn't I strut ? Ah-ldi-lat
I fall bach on my dignity ? And didn't I
snub those whose servant I was and win
the contempt of every sen able man in the
land ? And didn't negro wenches fall in
love with me ? And didn't I keep abandon
ed women at head-quarters, on money I stole
from my bleeding country ? To be sure J
did. That was the acme of "loyalty." That
was known as Lincoln patriotism. That
style was the style that paid. That ttyle
made me popular With Abolitionists at home.
And didn't I drive Southern roosters from
watching the nest ? And didn't I go into
that business for them ? And didn't I go
into the patent bleaching business on joint
account, half for myself and half for the
Government?
There were some good men in the armj'
some fine officers some gentlemanly, patri
otic officers, but they were in hard luck, and
took lower teats. And didn't I get promo
ted for being caugktr out nights, roaming
over the country poaching on seme negro j
or white maS's dJraain, ia behalf of my gov
ernment And wasn't I sorry when we had stolen '
the South fldor, and were' obligi'd to close
the war? The' beett patios of Othello "was
gone. ' . I returned horne; People did not
make speeches and welcome mfc back as they
did when 1 left, I strutted around with my
blue-tailed plumage till it locked sluiapy,
and people, began to take in clothes from the
lines in my neighborhood when it became (
known tht I xm n tv1""v'1 (ToTiojl -rrV-r,
best hold was stealing and indorsing Aboli
tionism.. No one caros f ?r me now. "A good
hunting dog is more jetted. A buck negro
is of more.cc6unt in the eyes of Congress
and the people. People whisper strange
thing? about thatStorewall Jackson song cf
"Whose pi ri here?' etc. 'I am not half so
popular as I was when in the army, In fact,
1 believe I am about played out. Why can't
we have another war ? Lots of fellows have
come out of State pnsions since the war
ended, and there is plenty .material for more
cf those poIiticLl army officers, who could
draw leer better than blood. Never mind ;
I'll put the money I stole iA Government
bonds there is no taxes to pay 6i them j
I'll .sit'jiround and draw my interest on t hem,
live in idleness and be supported by thejtoor
fools who have no bonds, but who pay taxes
while I do not, and who pay me for being a
thief. "and living in idleness. You see lam
cne of the supporters of this Govcrnmr-tit
I can put my money in lionds wmeboily
pays the tares 'of the countn', and pays me
interest, but it is r.'.t its bond-holders. Oh,
dear I Suppose the people. should repudi
ate thet-e bonds, as they surdy vill if they
are not taxed ichat trill become of me f I'll
have to work the same as other men, or go
t j the poor-house with liberated negroesr
tix pivinj white t.icn to support. La
Crosse Dciawat.
What a Stranger Sees in Con
gress on t-aturdays.
Ti e hall is rather Fomb re, daylight
struggling in dici-riiy f rom the top ; but even
the light of a dull day makes the gilding
glare pjinuuJy. lie observes the two little
fla.-s over the Sneaker's head, atd has taken
nisseac nerore neixtivit mat a man is on
.U'e:r. hero. ..-n.-.ivfr ih,,t a
bis, legs WKrid one of those little gingerbread
desks, haranguing the House. He can not
hear a word he says, partly because tho man
does not talk loud enough, but chiefly because
no one is paying any aitention to him. But
few members are in their seats, and these are
busy writing, an excercise that they varv
with another that somewhat amazes our friend.
He tries vainly, and would like to catch a
Word or two of a speech that seems to elicit
such terrible applause. The members are
constantly clapping tlu ir hands with great but
not prolonged energy.at which litt'o heWoblin
pages spring about, runniirasii't ...iicve
each surcharged nieml er of his ent!:u.-Lsin ;
and our friend gradually discovers that ti.
hand-clapping is not applause, but a mod -j of
suinmouing the pacs. .
He gazes in bewilileri'noV.t r.n the Babel be
fore him. The man is reading his speech,
and does so from a printed cony, as if he were
paid by the line for it. The panes skip
about The members clap their hands. Peo
ple come in aid Took at the show with stoical
apathy, and then go cut again. The man
finishes liis reading and sits down. Another
man gets up and commences the same per
formance. Tue members go out until not
over a dozen of them are left. The man is
reading his speech. 1 le docs not do it very
glibly; he does not do it as if he expected to
gain anything by it Some humane friend
comes to his rescue with a motion ; by par
liamentary fiction his speech is considered
delivered, and printed' with the proceedings,
and as many copies as theorator likes to pay
for may be stuffed into the glory cf a buff
envelope and franked to a wondering con
stituency in his "district.'
It may be a necessity in the economy of
the !rreat iarli:imeTttrv tvlmle that it rome
imp to the surface and blow off, and then go
uifflu again, i: it ootua be entirely rest nct
ed to the Saturdays it would be better ; i ne
day in six is. after all, not a great deal to de
vote lo parliamentary nonsense. Making a
speech is considered tbe destiny of our poli
ticians. The member wax &hon!d i'ct suc
ceed in going through the operation j"sL de
scri!ed at least once in eiudi senior', and
franking home many thousand dirty-lot iking
little pamphlets as cvideiice, would be con
sidered an utter failure a fraud upon the
public. It makes no difference that he has
nothing to say. It makes still less that no
one wants to listen to him. At the close of
his "catechism" some leader of the House
may be kind enough to shake him by the
ham! and congratulate him on his "speech,"
but even the most verdant member js not
unsophisticated enough to believe that it had
any effect on any body. It is a very broad
f uce and a very shallow one. Each Satur
day gets rid of half a dozen of these ora
tors. , .. ., ..'
Relapsin
ior irT llarhan otr.
A friend who resides about a mile 1-elow
the city, in the vicinity of the fortifications,
informs us that for some time past the em
ployees upon his farm have reported seeing
at the spring, some distance from the house,
a negro woman, and some time's a negro man
entirely destitute of clothing. He discred
ited the statement, but a few days -since,
upon its being related, he determined to
ascertain the l.ct3 of the eftse". Upon re
repairing to the spring he discovered tracks
leading tK-Ytc'c into the woods. Pursuit was
i'vtitu'el, and at some distance an aged
African woman wa? found seated upon the
ground eating gra-s in the condition above
described. Either from hunger or age her
mind was an utter wreck. The gentleman
kindly took her to his house, provided for
her wants, and finally delivered her to the
Freedman's Bureau. It is thought that the
negro man, who is still at large, is insane,
from the violence of hi? manner when seen.
Ami this is what it comes to 1 Houseless
homeless, starved and naked, the poor, inof
fensive African, once happy, is thrown out
upon a sra of exigencies utterly beyond his
grasp by the Christian charity, the loving
kindness, the saintly philantrirbpv of his
sworn friends. "Save iue from my friends,"
if they be friends like these. When the
ages have roDed away ir, will be ft 1 tin
the greatest crime of the nineteenth century
was committed iii America.
A Cholera Remedy. The Nation d
T
trlligciice s?ys tje- following remedy for the
cholera Htlved three hundred .lives, when the
cholera rstged in Wasfiagton, a few years
since. It .3 no less effective in cholera mor
bus anJoVdihary dieirrhflCit :
One part laudanum.. -
One' part camphorated spirit "
Two -parts tincture oT ginger. --
Two part3 capacum.. ;
Dose one teaspoonfid in a wine-glass of
water. If the eisolstinate. reneat the
. f ....
Disfranchisement of Citizens.
CONSTRUCTION OF THE ACT OF
CO.N G RESS OF M ARCI I 3, 1 fco5.
CHARGE OF
HON. WILLIAM ELWELL,
MAY 24, '1866.
Commonwealth
rs.
Thomas J. Ingham,
John If. Green,,
Rich. Revnolds, et.al.
In the Quarter
Sessions of Sullivan
County.
. Gentlemen of the Jury: The import
ant principles involved in this case demand
at your hands a careful consideration, loth
of the facts and the law applicable thereto.
Difference of opinion exists and earnest dis
cussions are held upon the questions now to
he "decided. The public mind is somewhat
excited upen the subject. But excitement,
passion, prejudice and pre-judgment should
be kent out side of and entirely excluded from
this Tern pie of Justice. Jlrre duty requires
calm deliberation ar.d unbiased and impar
tial judgment.
The indictment in this case is founded
upon the Act of 2d July 183(J, known as the
Election Law. It charges the defendants in
the language of the 1 1 Oth Scctior of that
Act, with having used threats, pra-ticed in
timidations.and employed force an 1 violence,
with design to influence unduly, overawe and
prevent tbe prosecutor, James l'eterman,
a qualified voter of Lnporte township, in this
ccunty, from voting at theVoiieral Election
held on the second Tuesday Of October lust.
Ther? are eight counts, charring different
offences under the Act, but all arising from
the same transaction, i
On the part of the Commonwealth it is
shown, that the prosecutor wa3 a qualified
voter as alleged m ti e indictment. Resi
dence in the State and district, assessment
"nd Parent ot taxes as require.! by the
Constitution and laws, have been clearly es
tablished by unquestioned testimony
It is also alleged and proved, if the wit
nesses are relieved, that while the prosecu
tor was in the act of offering his vote at the
last election, he was seized by the defe ndants.
T. J. Ingham, John H. Green and Richard
Reynolds. Mr. Ingham challenging his vote,
declaring that he arrested him as a deserter
and ccuimcridin all persons -'present to as
sist hini. His authority was called for. He
showed a paper; but declined to read it.
The vote of the prosecutor was taken from
his hand by one of the Inspectors and hid
upon the table. Ur.der the direction of Mr.
Ingham the prosyeutr.r wa-; th'Mt tsken iiro
the room where the EJ otion T'. . vra sit
ting and there held until hi r'ght to
vote was -decided. Hi.- vote w-u re
fused. He was then taken under guard to
the house of Mr. In, chain, where he was
kept for upwards of two hours and then
suffered to eo at large upon his promise not
to trouble those who had arrested him.
According to the testimony of Win. Ij.
Burke, a witness for the Commonwealth,
and Benj. L. Cheeney, a witness for the de
fendents. Mr. Ingham declared in tho after
noon .adore the arrest, that he would have
. 1 4 - 1 Ci l. 4 4 . . . . . . 1 t .
lllti proxxtiKT aiitfini ix uc it. n. n. '! i iu
vote. Mr. Gritfis testifies that .Mr. Ingham j
declared aft-r the arrest that he had so told !
the prosecutor -tiefcre be effered his vote.
This is a brief outline of the evidence relied
uKh by the Connnonwealth. . -
On the part of the defendants it is alleged
that the )n)scutor hr.d lorf ited his riglits
as a citizen by-deserting from the luilitary
service of the United Statess. In support of
this allegation, they produce here an exem
plified copy or extract from books in the War
DcTiartmeiit, which shows that dames S. I'e-
temian. of Ijaporte tnwn-hip. Sullivan countv, !
w:ia draftei.1 ou the lSth of January, lSt'o. j
In one column cf the extract, is the word
" held." On the right of the word, and op
posite the name, is the word "deserter. ' '
It aptiears that in the latter part of I'ebru-
arvor fire part of March, lstio. A. G. Wil-
bur took I'rternian to tliv' I'rovoj-t Mar-diall's
Oiht-e, at Troy, in Unidl'ord county, where
he was examined ami held to service. " lie
scped from the oflic'."' says IVovost Mar
shal Manville, "and did not i'gain come into
my custotly. "
It appears generally from the evidence upon
lKith sides that from the time of tLc, draft to
the time of offering his vote and since, the
prosecutor has been at home, openly about his
business and at no time in the service.
Does the Ac t of Congress of Crd March.
105, under these facts deprive the prosecu
tor of all rights as a- citizen of the United
States ami disqualify him as an elector in the
State of Pennsylvania?" , . .
In order to understand this Act it is neces
sary to examine the statutes which pnrceded
it. " The first Act paired by Congress, in re
gard to desertion, which is now in force, is that
oflsOo. 1 Brightly's Dig. 75. I n-ferb.
the -'ith Article of War which is in these
words: "All officers and soldiers who have
received pay or have Wn duly enlisted in the
service of the United States and shnll he eon
rivteilofinn iii'j (!.crt'il, the s:ne hha'l suffer
death or such other puni.-huint :is by s-u-ten;e
of a Court Martial sh.-di h; inlHetcd."
Before the sentence of a Cirt Tdartial can
le executed it must be approved ; formerly by
the Sec'retiiry of War, hut now by the tilst
Section of tlie Act of -3d Mare1! li3. by the
Commanding General in the field. 2d Bright
ly, 41.
The Judge Advocate officiating at any
Court Martial is required by the i ith Article
of War to transmit the original proceeding's to
the Secretary of War to be filed there The
jarty tried is entitled to a copy thereof.
The laws upon the subject of desertion re
mained unchanged (except by the Act of
1 S0, by which the death penalty was forbid
den in time of peace) down fV? te passage of
the Act of 18G3. As I understand that stat
ute, it merely made the fact of a person fail
ing to resjiond to a draft or notice, ervh-nc
upon which a Court Martial muht find him
gu''ty.
; These are its words : "Any person failing to
rejiort after due service of notice, as herein
prescribed, without furnihinga substitute or
paying the required silih" therefor, sltall le
deemed a dcrter, and shall be arrested and
sent to thet jiearext Military Ibst for trial hf;
Court Martial, unless upon proper showing
r.hat h-ri not liable to do Mi it-try: duty, the
board of enril!mert shall, relievo him froir.
v.iie 'draft'.
I have thus traced th ? letrila:on tr.--on this
subject fromtho Ar-tof lSr, down to that of
1863. We find therein full provision mad1
for the arrest, trial, . conviction, sciiteiifje and
punishment of persons fruilty of Llitary
offences; specially of desertion. , . .
No tribunal oil Her Civil or 3Iflitary, no offi
eer or person has power to punish for the
offence, untd the party accused has an oppor
tunity of. being heard. Iff is presumed
Annncjmt until he ia vroved to he mi tit V. " He
)s not to be piinished without record evidence 1
He is entitled to process to comjKlthe at
tendance of witnesses necessary to his defence.
Preliminary. to his trial he mey challenge, for
(''use, any inm!er of the Court convened
to try him. Each member of the Court is
reouirodto take an oath that he "will duly
atlniiuistcr justice a-orchnir to the provisions
of an Act 'establishing rules and articles for
the government cf the armies cf the United
States without partiality, favor cr affection."
Such are the forms and safe-guards which
the law has wisely and with great particular
ity provided, to protect the soldier against
unfounded accusations, and to secure to the
government the services due from him or to
puid-h for his desertion.
An accusation a Court a trial a con
viction a sentence an approval of. that
sentence and a record showing all these
iiuifit precede the piinixJuwnt. .
We come now to the Act cf 3d Mf.rch,
18o5, which it is claimed deprives a person
who has deserted or failed to report, of all
rights as a citizen. The 21st Section is in
these words: .
"In addition to the other lawful penalties
of the crime of desertion from the Military
or Naval service of the United States, all
persons who shall not return to said service
or report themselves to a Provost Marshal
within sixty days after the pniclaniatiou
hereinafter mentioned, shall be deemed to
h ive voluntarily relinquished and forfeited
their .fights of citizenship and their rights
to beccme citizen0, and such deserters shall
be forever incapable of holding any office
of trust or profit under the United States or
of cxercisingcry.jights of citizens thereof."
In construing tl is Act we are not to con-
!-sider it by itself, but -x- part of a system.
J ho Afit-ot lSOo, 20th Article (A nr before
mentioned, the 13th Section of the. Act of
LSG3, and the Act of 8o, should Jc con
strued as though they were embodied ir.one
Act ; upon the well established rule of con
struction, "That several Acts in pari mate
ria an- relating to the same subject'are to
be taken together, and compared, in the
construe Lip:i of them; because they are con
sidered as having one object in iew and as
acting upon one system. It is to be inferred
that a code of statutes, relating to one sub
ject was governed by o;.e spirit and policy
and wa.s intended to be consistent in its sev
eral parts and provisions. 7 1 Kent, Com.
404. Dwarris on Statutes, C9(b
Construed in the light of this just rule,
the Act of 1N65-does not impose the scn-teij.-e
of the law before conviction. Its pen -alty.is.
in addition to those already imposed
upon ihe crime of desertion. The fact of
desertion being established in the -manner
provided by law, forfeiture of citizenship
lo-lows as a consffjufnee.
1 1 w;is nover intended that a person against
wlio-e n.ime upon the roll shall be written
the word "dovrter," or against whom proof
may be made by witnesses, shall be allfhis
I'fe, upon all occasions, and in every
place. prejared to rebut what might seem to
be a prima facia case ngainst him. or else
.-uffer the so ere penalty of disfntRclii.-ement.
Officers of elections derive their authority
from the Constitution ami laws of this Com
monwealth. -Their duties are sin. pie and
dearly d fined. If they arc to perform the
'r:rics r.o'.v eh'.tNcd for them, ami to d-cid-.'
ou'.-t;o'.'- of ileKTiion and citizenship ufjder
Acts i f (.'ongress. thc-yinght to le subject to
challenge, f r causc.and to be sworn as requir
ed in the case of Courts Martial. If they nave
tlie right to hear the accusation, they surely
must also hear the defence. This sort of
trial involves inquiry into the validity of the
draft of the notice given of the non-re-porting
or other de-ertion of inevitable ac
cidents, sickness, insanity and other matters
instituting a defence all these matter in
volving a multitude of fact and nice ques
tions of law, would be heard and decided in
iliis coliateiul maiuK.r. aid the penalty of
disfranchisement inflicted without the ap
proval of any officer in the Military service.
I hold, and so ii -tru. t the Jury, that the
Judge and I nspectorsof elcf i'ms have not he
power to try questions of decrtio:i neither
upon ;t certificate from tlie War Depart
ment, nor by theonths of witnesses, nor any
cither evidence short of the record of con
lotion and sentence of a (.'ourt Martial, ap
proved as required by tlie Acts of Congress.
UiHer this iev of the- law. the ques
tion as to the right of Congress to
pass laws depriving the cit'ens of
States of 'their rights as such, dues not ne-
cessrfriiy arise. The only delegation of power
by the States to the I'edend (T'.vernment
ufm that subject is contained in that clause
of the Constitution which giv.es to Congress'
the authority "to establish ?n uniform rule of
naturalization." The mention of this preclude.-
the idea cf a general power over the
subject It has never loen held, nor I think
heretofore understood, that the power now
claimed, existed any where in the Constitu
tion of the United States, The right of
suffrage in the States is a matter entirely for
State regulation.
We hold that urdor the facts as proven,
the Act of Congress does not deprive
the prosecutor of his rights as a citizen of
this State, and that he was a qualified voter
:tt the tiiiie of making the threats and using
he vi-V.--i:ce complained of. t
If you believe from the evidence-, that the
defendants, or any of them, threatened the
prosecutor to arrest him, in case he should
offer his vote, and this threat was made for
the purpose of pr.neiitingh'ni from voting
or if they seized his person, called hini a
deserter, and held him in custody while the
question of his right to vote was under con
sideration by the officers of the election, for
the purpose of intimidating, over-awing,
undue influencing, or preventing him from
voting, such of them as participated in these
nets, are guilty, as charged in the first count
of the indictment.
In deciding these questions the credit due
to the witnesses is entirely for the Jury. In
regard to the main points the testimony is
not conflicting. ...
You will take into consideration in settling
upon your verdict, the fact, that the prose
cutor lived in the ricighliorhood, within five
miles of the place of holding election that
from the time of the draft ilown to and oa
tlie day of election he was openly about his
business at home and elsewhere.
You will consider the threats made before
i he vote was ofiered the time when the
arrest was made? the fact of the prosecutor
being allowed to go at large itpo.u Sis nrom-i-e
not to make trouble! You should also
consider the declarations of Mr. Ingham,
that he intended to tike him to Ilarrisburg
and his consent to let him go, alleging pity
for hi family as the reason for so doing.
If this arrest was honesilyaud fairly made,
with the intent to restore Petcrinan as a de
serter to the serv ice of the Government, and
not for the mere purpose of preventing him
from voting, then the purpose is not such
as is prohibited by the oVct
But if the real design was to deprive him
of his'vote, to terrify him and operate upon
his fears bv threats,, and failing in that to
facts in regard to his enrolment and alleged
desertion as a pretext and cover, then all
who participated in the transaction arc
guilty.., : . .
The case is now in your hands. Rentier
jour verdict urdcr the law. and in accord
ance with the facts, regardless of consequen
ces to either the prosecutor or defendants.
. In the Quarter Sessions of Columbia co.,
en the 5th of December, 1865, in the case of
lhc Commonwealth
Vu ,rs'T-r C Indictment against
Charles Eck. ) the Defendant, an In
spector ot Election, for knowinglv rejecting
the vote of Henry Fry, qualified voter of
Roanngeroek township. 1 lie defence rt up
was, that Fiy had been drafted and did not
report, and was therefore not a vjuter.
JL'KOE Elwell charged . the Jurv noon
the construction of the Act of 1SC5 in the
same manner as above, the charge however
containing this additional passage :. ,.
I f the penalty of disfranchisement can
be inflicted without a conviction, simply he
cause the law imposes it as an additional
fmnishment of the crime, then an acquittal
y a legally constituted Court Martial would
be no protection to the party anywhere ex
cept before another Court Marti?.l. By the
rules of tlie Common Law as well as by the
67th Article of War, 1 Brightly 81, no offi
cer or soldier shall be tried a second time for
the same offence.
If instead of holding a record of convic
tion to he the 'only evidence admissible to
establish the guilt of the party whom it is
sought to disfranchise, other proof can be
heard, then he may be subjected to repeat
ed trials, each tribunal, Magistrate or Elec
tion Board, deciding for itself. Jf they arc
permi'tid to inquire into the fucUt, they icould
uot.be bound by a decision of acquittal.
In every other case where it is alleged
that a party has became infamous by the
coinmis'ioii of a crime, not only the convic
tion, but the judgment 35." the Court must
be shown in order to disqualify. 1 1 John.
Rep. 'b2. .
Any other rule applied to tlie Act ofCon
gress under consideration would lead to gross
injustice, and be the, means of punishing
many an innocent man. There is nothing
in the law itself which requires the extended
construction which is sometimes claimed for
it. It is highly penal and should therefore
be construed strictly.
Jealous of tLe Ladies' Dresses.
A writerin theMacon (Georgia) Telegrajth
is very jealous of the ladies' love of dresses,
and sounds the tocsin against it thus. He
eays:
Gentlemen, it is time to rul'y; to sound
again the tocsin of war. We must defend
ourselves. Can wc sit tamely by ar-d see a
"loye of a bonnet," a "duck of a dress,'.' and
the "dearest hoops," take issession of the
hearts tht should be ours, in part at least?
We arc about to be crowded off the stage
let us make a great effort to defeat the dry
goods. Talk not cf peace when we are los
ing our treasures, our jewels. Where arc
our women? . ,
S hoiil.J a prophet ay th-l form is msde of tiring clay
I'.y Allah 1 I wouM lutwtrnay."
Direct it and see. Take away the -tiny,
beauteous, immortal part, and whet remains?
A monument of vanity, made tip cf cotton,
linen, silk, steel, false hair, false flowers, false
complexion, false teeth but I forlear. To
enumerate the many things it takes to make
up a fashionable lady is a task for a better
mathematician. A wonderful composition
from the top of h- r flower-crowned head to
the bom of her trailing dut -covered rcle !
To the hoop and the trail the ladies are
too closely wedded to lni moved toward r -form.
We despair of moving them on this
point They are detormhied to occupy all
the room possible, rail to keep their feet hid
as long as there is a dollar left to buy hoops
and trails.
After awhile we can threw away the old
fashioned broom a'i l let the petticoat do all
the sweeping. The trail around the feet is
dirty enough, bv.t net to be compared with
that -irouhd the neck and down the back.
Ladies, for years you have railed at the sight
of a long beard, and we must e ither shave
clean or keep well trimmed, lost we excite
your disgust. You don't like the Ward that
nature puts on our faces, and we don't like
the Ward that art puts on the back of your
neck. We beg you to begin to trim or shave
your waterfalls. Let them fall in reality.
Tattnt Love Letters.
Dear Miss. After long consideration and
much meditation upon the great reputation
you possess in the nation, lbavca strong in
clination to become your relation. If this
oblation is worthy of observation and can
obtain commisseTVtion. it will be an aggran
dization beyond all calculation of.the joy
and exultation of- ..
PETER IT. PORTATTON.
P. S. I solicit your acceptation of the
love and approbation,' and propose : the an
nexation' of the lives and destination of Pe
ter H. Portation and Maria Moderation.
... .... THE ANSWER.
Dear Peter. I have perused your ora
tion with great deliberation, and a little con
sideration at the groat infatuation of your
weak imagination to show such veneration
on so slight a foundation. After mature de
liberation and serious contemplation I fear
jour proclamation is filed with adulation.or
sayings from ostentation to display jour ed
ucation bj- an odd enumeration or rather mul
tiplication of words of like termination,
though different in signification. But as, I'
admire association and am in favor of an
nexation I acknowledge my approbation and
indeed my inclination to accept with gratifi
cation the lcV3 and adoration eet forth
in j our declaration, and will, with prepara
tion, love and animation, remai with resig
nation and rejoice in the appelation of. -,
MRS. PETER II. PORTATION:.
P. S. I suggest the information that we
meet in consultation and make some prepa
ration for the final consummation of the in
tended annexation,when I will bear the same
relation to your home and occupation that
Mr. Peter II. Portation would then bear to
myself.
A Distinction with a Difference.
There are two campaign clubs at Washing
ton, says the Times, devoted to the support
of the President and his policyr-ons a Dem
ocratic Club, and the other a National Union
Club. The Democratic Club according to
that journal, contains a number of open and
active sj-mpathizers with the rebellion ; the
latter is composed of men devoted to the
Union and the Republican party. The open
and active sympathizers with .the rebellion
are a very mythical class of personages ; we
have never seen one of them, and. our expe
rience among Democrats is probably quite as
extensive as that of the editor of the Timet.
V e have met a few men whose convictions
of the infidelity of the free . Stales. .to the
Constitution, and of a consequent . right of
withdrawal on the part of the slave States,
were fixed, but they were never active ; . they
understood too well the distinction between
the freedom of thought and the' freedom of
action, to mistake their duties as citizen's.
Therein lay the difference between them and
both the brave Abolitionists like Garrison
and Phillips, and the sneaking Abolitionists
like Seward and Chandler. Tlie Abolition
ists were not content both with freedom of
thought and freedom of speech ; jiot content
with a Constitution which secured them
both. The bold called it a "covenant with
hell;" the sneaks invented the "higher law.".
They were not content with the rapid growth
of free States, insuring eventually a 'power
constitutional amendment They preached
and th-y practiced resistance to it by physi
cal force. It is a notorious fact that there
wo,? no part of the free States in which one
clause of the Constitution was not practi
cally made worthless to those it was intended
to protect. . .
The leaders e.f the Republican party to
day are men. who ly everj- form of evasion
sought to shirk their duties as citizens of tho
United States. t The men who accepted
them as leaders and pushed them into pow
er necessarily share the criminality, if it
were criminality, of their leaders. .
As a matter of course, they stole, and dir
tied in stealing, as gip-de3 the child of cleanli
ness, the name of the party which, under
Jefferson, fought the battle, of the Consti-
tution as its f rasters meaut and the States;
understood it. . As a matter of course, they
dropped the name as. soon as they had made
it odious, and took that of Union men.
Both names ln-longed to the Democratic
party. It wuthe original party of the Un
ion when called Republican ; it is the p.arty.
of the Union under its present name. It
knew neither North nor South nor East nor
We: t it knew or.ly the Constitution. When
the Princess. Elizabeth was questioned upon
her belief as to the real or the typical pres
c nee, she answered
Christ the word tint spake it,"'
He took the bread and brake it. '
And what the word did make it,
Tlit I Klitve, and take it."
So, when the Democracy was akcd any,
question, it answered : "What does the,
Comtitution saj-? That is our tolitical Bi
ble. If it authorizes anything, no matter
how repugnant to our notion of what ought
to be, we e.Wy it" "No." said Seward k
Co., "our notion of what ought to be is our
law, find if we can get a majority with us it
shn-l ly your low." ...
Well, those highly educated, intelligent
free States, which, upon the history and
politics of the Unite! StRtf. were very,
much worse educated thnu the slave States,
chose to receive the Seward standard and
exposition of the Constitution the correct'
one. and through the very doctrine of State
allegiance, and overwhelming physical pow
er and enormous material resources, have-
succeeded in making the Southern States
submit to it. If the Republicans .were con
tent with power, the Democrats would sulv
mit without a word to the inevitable, and
kird up their loins for the battles of the fu
tures, supporting any man who was doing the
best in his power under the circumstances, .
and hailing every measure which promised
advantage, irrespective of the election of one
or of the offer of the other by political op-.
1 enon is. But they will not cease to be Dem
ocrats; thej'will notecase to cherish the
doctrines e.f Jefferson as the true sources of
prosperity to a Union.
When the United States constitute a na
tion ; when States become counties; when
the Union becomes an union of individuals,,
not of States the Democratic party will
have no principle of cohesion, and will be
disbanded. But net till then.
We trust that the President understands
that we support him as Democrats, without .
anything due to us on his part and without
anything due to him from us. We support
him because he is doing the best in our .
opinion to get the countn' out of the scrape
into which the Republican party got us. If
we know him, the consciousness of duty per
formed and praise e arned, are, as they ought
to be, the highest rewards. But if it were
at all possible that he, an old Democrat,who
battled tbe "higher law" doctrine in the
Senate, could expect that we will ever strike
hands with those moral traitors and despotic
dogmatists who drove the sections into war
or that we will fail to pursue them to the
punishment they so richly merit, it would
show that he has taken his ideas of the De
mocracy from the politicians by profession,
the dogs that will lick any sores, whom pub- .
lie life necessarily forces a public man large- ,
ly into contact with. e are indeed, as
every party is, cursed with that class, un
known to our better, and purer politics: but
nine hundred and ninety-nine out of a thous
and of the Democracy talk, write, and vote
liecause they have examined, have been con
vinced, and believe; and they will reject ,
with loathing any offer to trade principle for
power, and dismiss with contemptany man