Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1863-03-31
From the State Journal.
Three Important Decisions by the Supreme
fourf


session to-day, March 25th.
The first was in the matter Of the appli-
cation of Frederick Grenier and other res
idents Of Manitowoc county, drafted into
the military service Of the United States,
for writ Of ha6eas corpus to release them
from Camp Randall, on the ground that
the law of Congress authorizing the draft
is unconstitutional and void.
The opinion was read by Judge Cole
and concuired in by Judges Dixon and
Paine.
The ground upon which the constitution
atty Of the act OF Congress Of last summer
was contested, as those will remember who
read the report Of Mr.. Ryan's argument
published in this paper, was. that the act
attempted to delegate legislative power to
the President by authorizing him, in the
absence Of state laws regulating the mode
of making the draft, "to make all necessa-
ry rules and regulations therefor" The
council for the petitioners claimed that the
making Of such rules and regulations was
an exercise of legislative power, which
Congress could not delegate The opin-
ion very ably argues and rebuts this objec-
ton quoting numerous authorities. Thus
a similar provision is contained in law Of
Congress Of ITS, authorizing the raising
of troops.
By the Constitution, Congress is clothed
with the exclusive power Of legislation over
the District Of Columbia, yet it delegates
part Of that power TO the municipal au-
thorities. So also Congress delegates leg
islatve power TO territorial legislatures,
though empowered by the Constitution
with authority ''to dispose Of and make all
ueedful rules and regulations" for the ter
ritories. So also Congress had authorized
courts to make regulations in practice.
Several authorities were quoted to show
that such acts were not a delegation ofleg-
islative power and not obnoxious to consti-
tutional objections. The application for a
writ ofha6eos corpus was denied.
In the matter of the discharge of Carl
Wehlcits, drafted into the military service,
and released on a writ Of haJeas corpus
issued by Court Commissioner Mitchell Of
Milwaukee, the opinion was read by Judge
Paine, Judges Dixon and Cole concarring.
Wehleiis is an alien by birth, but has de-
clared his intentions and voted in this
State. Court Commissioner Mitchell held
that only citizens Of the United States are
subject to draft. The opinion Of Judge
Paine is a very allie one. 1t shows the
distinctions between citizens of State and
Of the Uait.d States. Quotes Justice Stery
that the exercise of the elective franchise is
one Of the chiefest evidences Of citizenship
Quotes Websiers, Duers' and Burroughs
definition Of citizen as one having right
10 vote and to hold Office. Our Slate has
no doubt designed 10 confer, as far as pos
sible, citizenship upon aliens who have de
clared their intentions. The opnionquotes
the case of Martin Koszta. He was not
even voter. lie was only a domiciled
citizen Of the State Of New York. Yet
Mr. Marcy heldhim to bs citizen sufficient
to be entitled to the protection Of the Gov
eminent and declared that he was liable 70
have his services required for the defence
Of The country. The opinion closes as TO-
lows:
"Ihe Constitutions Of several other
States have extended to these persons
rights Of citizenship, similar to those given
by.this State. They haze njoyed epriv-
ileges aud protection Of citizens; they have
filed the offices, taken part in the enact
ment of State laws, and had an equal voice
with Others il the election of the officers
and the making of the laws of the United
States. They have founl free homes
among us, under governments established
upon the principles Of civil and religious
liberty and equality Of rights among inep
They have shared our prosperity when we
were prosperous and happy, and by every
principle of Justice and every sentiment Of
honor they ought to share the burdens in
this hour Of calamity and trial. And it is
to be hoped that instead Of shrinking
from this high duty, they may be no less
willing to bear their share Of the burdens
Of war than prompt to claim privilege aud
preferLent in time OF peace
The third case, ]. 9, Chandler vs.. W.
TT. Main, Sheriff Of Dane Co, involves the
constitutlonality Of the law enabling sol
dicrs to vote. The opinion in this case
was also by Judge Paine, Judges Dixon
and Cole concurring. It sets forth that
thought is true that the laws Of this State
are Of no force outside the State, yet it is
no less true that the legislature nay au-
thorize acts to be doae outside the limits
of the State, and declare what cffect they
shall have within its limits. We have
laws providing for the transfer Of real es-
ts4e lying within the State by persons in
other States. If we can authorize persons
outside the State to declare their will in re
gard to property within it, we can, author
ize citizens outside tie State at the time
Of elections, t. declare their will in re-
gard to the disposition Of Offices in the
State.
Judge Paine quoted numerous authon-
ties to show that state may prescribe
punishments for offences committed by
its citizens outside its limits, in answer to
the objection that this law affixes penal
ties for illegal voting. Sec. 5 of articles Of
j.,