Franklin Repository
The Cholera
A Momentous Lesson!
Shall Deserters Vote
Full Text of Article
This is a grave question, and it must be answered by the legislature of the State. We do not assume that the act of Congress is unconstitutional; but the fact is patent to every legislator that without an enactment of the State clearly defining how the skulkers who deserted the army and their country in the hour of peril, shall be disfranchised, it will never be uniformly enforced. The fact that in nearly every Democratic county the election officers were openly, and in some cases officially, by the District Attorney, advised to nullify the law, and that in every precinct in the State where the Democrats had the election board, such votes were welcomed, regardless of the high crime of which they were confessedly guilty, and the penalty imposed by solemn act of the national legislature, is an admonition to the State that should not be disregarded. There are now many suits pending in different parts of the State growing out of this question, and it is not impossible that all of them may be determined by the Supreme Court of the State and leave some vital point undecided, by which nullification will continue for another year or more.
There have been two judicial decisions in such cases in the courts of common pleas. Judge King decided that deserters cannot be disfranchised without conviction by due process of law, and Judge Elwell in the Columbia district, gave a similar decision. Judge Thompson, one of the Justices of the Supreme Court, gave an opinion--not a judicial decision as there was no case before him--before the last election, in which he affirmed the right of deserters to vote, notwithstanding the act of Congress. The cases decided in the common pleas courts will doubtless be taken to the Supreme Court; but even if the points raised are decided against the right of deserters, there will remain other disputed points which will be made the pretext for defying the law. For instance--Judge King decides but one point out of three raised by the counsel for Mr. Stenger in the case before our court, and the Supreme Court will take cognizance of none but the point decided. The court of last resort may thus affirm the "due process of law" of the act of Congress, and reverse Judge King; and next year we shall have similar suits in court defined on the ground that the act of Congress is an ex post facto law as regards many deserters, or that Congress cannot regulate the qualifications of suffrage in a State. Equally uncertain as to the main points may be suits for damages, brought against election officers either for receiving or rejecting such votes. The courts may decide that, in absence of malice, there can be no responsibility in damages for either alleged offence, and the validity of the law may not become a question in such cases.
Whatever may be the individual views of the legislature as to the validity of the act of Congress, they have this pregnant fact before them--that a solemn enactment of Congress is insolently defied by a large minority of the people of the State, without any judicial determination of the question, and this lawlessness will be persisted in until there is proper legislation on the subject by a power that is confessedly competent to regulate the qualifications of suffrage in the State. In this county one of our bravest and best soldiers, Col. D. Watson Rowe, is deprived of an office by the votes of traitors and cowards who skulked away and denounced the government while he was heroically fighting for the life of the Nation. Had the deserter vote been rejected, he would have been elected by a clever majority. By the same vote, Mr. Duncan held a seat in the Senate for twenty days, and would have held it for three years but for the fact that he had to confront a Senate that resolved all doubts in favor of obedience to the laws. If it were certain that judicial decisions would settle the question fully before the next election so that all must accept a common construction and yield a like obedience to the law, legislation would not be necessary; but there is no reason to hope that the end desired can be attained by appeal to the Supreme Court. In this view of the case, we have left out of consideration the possible decision of the Supreme Court against the constitutionality of the law. If the court shall so decide, on any point raised, then we will be without any penalty for desertion and their votes must be admitted.
We earnestly commend this question to the consideration of the judiciary committees of the legislature. Able lawyers are at the head of both of them, and they cannot too well mature any measure they may propose. Whatever may be done must be in a shape to remove all question as to the validity of the act, or we shall have nullification of our State law just as we have had nullification of the act of Congress. No loyal citizen will deny that the man who refuses to sustain his government when it is assailed by a deadly foe, is unworthy of the priceless blessing of citizenship; and if the penalty can be imposed so that its enforcement shall be certain and uniform, it will be but an act of justice alike to faithful men and to the Nation just rescued by the heroism and sacrifices of our brave defenders.
Koontz and Coffroth
Legality of the Deserter Vote
Washington
High Prices
Full Text of Article
To the Editors of the Franklin Repository:
What has occasioned the present high prices of almost all articles of consumption? is a question frequently propounded, and generally answered at least to the satisfaction of the party inquired of, if not to that of all others. Whether the solution of the difficulties involved in the inquiry given, is so generally based upon fact and reason, is not so certain. Many of the ablest political economists of the day, have devoted the most earnest attention of their disciplined and well informed minds, to discovering, and elucidating the causes operating to produce, and continue the existing evil of high prices, and to providing a remedy therefor. Unfortunately for the suffering people, the result of their labors is far from furnishing ground to hope for a speedy cessation of the distress, or the prevention of its recurrence at some future period.
These economists, after having thoroughly pondered the teachings of history, after having exhausted the ingenuity of their fertile and far reaching minds, in searching for the causes and remedies of our financial revulsions--so far prove, having discovered some great law operating unceasingly, uniformly and undeviatingly, in establishing prosperity or adversity in the financial condition of a country, in proportion as its admonitions are regarded--so far prove all this, economists have ended their labors by fabricating discordant, conflicting theories, relative to the existing state of the finances, and markets of the country. If the theory of one is rational, that of another must prove ruinous in practice. This is the dilemma in which our statesmen are placed. If our people do not experience immediate relief from their financial burdens from those they have chosen to legislate for them, they must make allowances for the difficulties surrounding the problem and be content to move slowly and carefully from fear he might make "confusion worse confounded."
I do not propose to answer the question with which this article opens. I desire merely to suggest for the consideration of your readers some facts and thoughts connected with the subject that may serve, if properly deliberated on, and traced through all their influences, to give them more correct ideas of some of the laws of trade than many now possess, and so far assist in relieving that much abused class "the speculators" held responsible for all the distress occasioned the community by the present inflated prices. In ruder times, when wants were fewer than they are at present, it was the practice for each person to supply his wants by means of barter or exchange. The cultivator of the soil bartered the produce of his land with the mechanic for articles of his craft and thus all their necessities were supplied. But as communities increased as wants were multiplied, as property accumulated this simple mode of conversion no longer equaled the requirements of society. Some representative of value was necessary to facilitate the conversion of property, something easy of transportation and preservation. To meet this want money was instituted or created. Gold being supposed to contain more desirable qualities for the purpose than any other metal was determined on as the standard of value, or as the representative or as it has been called the measure of value. By means of it every production of the soil, machinery or genius could be exchanged for its value. But in some communities in time even this facility was insufficient for the necessities of trade and commerce, or at least was thought to be so. Whether in reality it was or was not is one of the mooted questions which I do not propose at present to discuss.
Paper money, as the representative of gold, the standard, was introduced. It was supposed to possess some advantages over gold. It was more easy of transportation and safe keeping. Each dollar of paper has supposed to represent a dollar of gold, hid away in the vaults of the person or institution issuing the paper, to be forth coming when demanded by the holder of the paper. This is money or currency based on credit or belief in the ability of the issuer to redeem when thereto required. When this belief exists as long as this ability to redeem in gold continues, this paper currency does fulfill all the requirements of trade and conversion.
Now the liabilities of all Banking institutions consisting in part of paper promises to pay and indebtedness to depositors greatly exceeding the amount of gold (being often in the proportion of ten to one) really in their vaults with which to redeem their liabilities. This Bank may with reason be regarded as in a sound and prosperous condition. She can exhibit assets amounting in the aggregate to far more than her liabilities. But of what they do they consist. A large proportion of it is in the notes of individuals who possess farms but no gold with which to pay their notes, another portion is in the notes of other banks similarly situated, having in their vaults a very small proportion of gold in comparison with their liabilities, depending in fact for the redemption of this paper on the very notes of the Bank first mentioned.
It frequently occurs, when importations of goods greatly exceeded in value those exported from the country, that a consequent demand for gold with which to pay our debt incurred abroad when our paper has no credit are speedily drained of their gold, or, as they style it, in self defence in violation of laws and engagement shut their vaults and refuse to pay it out at all. Hence arises in the public mind the inquiries, is a paper currency a safe one? To what extent its issue should be tolerated? Its effect upon the markets. How guard against the abstraction of our gold to foreign countries? How in a word retain the currency of the country in such a condition that a paper dollar shall honestly represent and be equivalent to a dollar in gold? These inquiries have perplexed the wisest finances of the age. Some of their views will be given again.
Mr. McConaughy Admitted
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