New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-30
IMPORTANT DECISIONS - ABSENT
sCE,DBERa NAV VOTE.

IMPORTANT pEeHSlNN" - a aSe IN Z
SOLDIERS NAV vOTE.
The Supreme Court Of WiscOnsin--which rel
Gently won the paudits Of tho Copperheads by
deciding against the Governments in the matter
of the Ozoukee riotcrs-has just pronounced
two important judgments on points which Of.
feet the prosecution of the War and the rights
of Volunteers. Judge Paine delivered the
opinion Of the COurt-Judges Dixon and Cole
MISUNDERSTANDING the coasiitutionality OF
the State law which authorizes Citizens to vote
notwithstanding their absence from it's soil IN
the Military Service Of their country, although
one section Of the State Constitution. referring
to residents on Indian lasds, authorizes them to
vote Mt the nearest poll respectively: "Prori-
| ded, That no person shall vote for County
officers out OF the county IN which be re-
s,des"-which the Judge holds to forbid mere
~ the voting for County officers By persons
rot reading in the counties wherein aaid Of
fcers are 10 serve. His opinion concludes as
follows:
must Therefore hold this law to be vail! have exam
mod only The power Of the Legislature 10 pss IT, II the
power exist the policy and eEpedency OF II rs for tho Leg
ntue and no. for the Courts to determine uPoa THIS qnc'
ton Whatever nay be ursed sgiust the passage Of
.uch Aw ,hege are sso ve.y ',ioag consle.aon' IN ia
nyor adapted the present Extraordinary onion OF ~
fairs when more Of the sii'u. OF this State have
lef service Of their country But whatever else may
b said upon the subject this less. ia tue Asi history has
furnished no better example Illustrating the capacity oil inc
people .-fsoverumeni isu that furnished under this law
OF the citizen odier pausns amid the horrors o. var to dis
chan. te, duties .. the primary Legislators Of the hepGohc
snd TO sust 10y Intelligent use OF their ballots 70 DC o
ndc to their hou,. the welfare u h.t country aud those
pnese. OF civil liberty for which they really a. any
momen, to lay down their lives upon the hcd 'fbltIs
We respectfully commend this conclusion
to the legislators of orr own state. II seems
to MS remarkably sound one.
The other case decided arose on an appli-
cation by Carl Weblcitz, drafted into the state
aud Federal Military service, for release there
from because of his aenage. Commissioner
Mitchell, who heard the case originally, held
the excuse valid and ordered his discharge.
But the Court--Judgc Paine delivering ia
unanimous opnion-0yerruled this decision aud
remanded him to service. For Webleltz,
though not yet citizen OF tho United States,
Lad formally declared his intention Of becom'
ing one, and had ihcrcupon voted ut WIscon-
-in Election. "a the Constitution Of that state
authorized him % DO Tho Court held that
this made him IA citizen of the State. aud liahle
rs such 70 Military duty. Here is Judge pains's
conclusion:
The con.t,rou. Of several Other State, hsVe extended
20 these r-r.on. shls 81 citizenship .asf to ho'o ssea
BY this Tey 10, I'd ~ E'ivi-ee' tnI e.i",
don OF ss-s DIZZY oiled Tho shcss '-ssn Taft ia tn'
rns-itrt % Ess la, and Lad ,qua voice IN e'h"f
80 q, or.tar o. hs vi md the ana far n Tho awr ri
,hs s.stss. Trey h.vo io.aa Aoo.-
unlef .s.uasuts .sl.tlshoA the rracipss o. ciy
snl rel, ais liberty aad eqIaiy o. F.i' among Zen The
bf,c sasl p9..l gems wnen ~es' rf'-p~Ipos hr
harp, ani ~ every principle OF justice sod sr,-r'
ol 4cnor Icy ought ,hsfa O., ou ltLs m l.. iou
ian, and iris h4d f. 10 be gsdths' .u'issd o .us
ing from 10, hsh dl'y hey rn,y 10 -s' .ia % b-s'
a,. .rss 81 zoe L..I-l4 Of ser sLsn 49, 10 el.i fn'
] 4. % ,ui II,isImsnt Ca tine 81 nosc".
In third ease, Frederick Lterlc oi MAg-
itowor cough. reDe'e from .er.!.e on tie az
sumption tina. he at OF c"orr"s- Authorizing
/ tho call ct Militia was Unconstitutional, tccsu-c
| it gave tie President power 81 "mahc al re.
cs.ary rules aaG regulations Tor ;hc con:cui-
pldteu dTsit. Idifi ~ WIS hittn "y '"' pas"
tn = couas,i, was delcgatns tie exercise o.
legislative power which Congress could no.
/ legally DO. 1le Court oycreuied this plea IA :,
long and a6e opinion, delivered by Judge Co'c,
which a., ia part thu. summed uP BY E,r
| Wisconsin SUITE J0urHal:
"Ty tie ,Adop tongfr. q c.o.h-i ~..h Use
i've Pow cr o; le7'ou over TIE n.'c ,ono,s YET Il
! Of In In
30 a,o Cunge,. c~aie- irgs s,iy- power rruitcpu
Ler.Euta, tAou enpoa eicd by ts C.a.til loo VIII
tbofiy to al. o.o ,rd ell needul fc' aud rsQ,
don. ,ef tie erIodes. so also 'Ousrs lad authorized
cour' % r,k. rcs slL. pfae's. So,tsi author lies
ror. quoted TO SHOW hat such act De- -on o.
legislative power ~, ohnoxiou, TO constitutional ooj"c
dom, IN sylcsaH Tor wit OF hsbe.s corpus th"fe-
| 10 drnitd.n
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