Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1864-04-22
Friday, April 22, 1864.
The Supreme Court Decide the Soldiers VO
ting Law TO be Constitutional.

ting Law 10 be CONSTITUTIONAL
The Supreme Court of Ohio, on Saturday last,
decided the Soldiers Voting law to be Consti-
iutional The decision was given in what is
called the Wayne County Case, and embraced
the following points:
l. The finding and Judgment of a Court of
Common Pleas made in a case of contested
election brought before it by appeal under the
statute, are subject to review in the District
Court and Supreme Court, by petition in error.
,. The act of April l3. 1863, ''to enable quail
flied voters ofthis State, in the military service
of their State, or of the United States to exer-
else the right of suffrage was intended to en-
able qualified voters of the State in the Mil
itary service to vote in accordance with its pro-
visions as well without as within the territorial
limits of this State.
g. Said act is not clearly in conflict with any
of the provisions of the Constitution of this
State and is therefore to be regarded as a con-
stitutional and valid enactment.
4. Under the provisions of the seventh sec
ton of said act, the poll book of a company
which designates the letter of the company and
the number of the regiment is sufficient in SUBJ
stance, although the particular arm of the SER
vice of which it may form part be not ex-
pressly designated, the fact that it is an Ohio
company and regiment; such fact being pre-
Finding and Judgment of the Court of Com
mon Pleas reversed; and this court proceeding
to adiudge as the Court of Common Pleas ought
to have DONE find the law and facts of the case
to be with the said cOntestees, and adjudge ac-
cordingly.
Only one Judge, Ranney, (copperheod,) dis
sented He merely recorded his dissent but
delivered no dissenting 'opinion.
]. A. L.
in Wayne county to be duly elected and entitled
to their offices.
This decision also settles the contested elec-
tion cases in this county; for we presume the
copperheads will now abandon the attempt to
disfranchise the soldiers who are necessarily
absent from home aiding to put down rebell-
ion inaugurated by the Democratic party of the
South. In the meantime our boys will keep on
fighting the rebels in Dixie, and voting against
their aiders and abettors in Ohio.
This, then, says the Ohio State Journal, set
les the great copperhead agony in Ohio. The
soldiers are not DISTINGUISHED because they hap
pen to be called out of the State in the military
service of the Governments The Copperhead
leaders and party manages did their utmost to
cut the citizen soldiers off from the privilege
OF exercising one OF the most sacred rights OF
freemen. the right of suffrage. But the high
est judicial tribunal known to the State has
now pronounced the Law providing for the ex-
ercise of this right while in the field cO1.Stitu-
tiORdl enactment; and the citizen is the less
voter because he happens to be, for the pres
ent soldier.
This the Copperheads have resisted with the
utmost effort and pertinacity. Such has been
their course not only in Ohio but in other
States where similar steps were taken for ena-
bling the soldiers TO vote. They contested itin
Iowa; and there the Supreme Court sustained
the law They attempted it in Wisconsin; and
there, two, the law was sustained by judicial
decision. They tried it in Pennsylvania, and
succeeded in obtaining decision in their favor,
by Judge Woodward, the COpperhead friend
and ally of Gen. Mcclellan; but that decision
has since been overruled in the State. In the
Legislature of New Jersey, having copper
head majority, bill TO enable the qualified vO-
tcrs of that State to vote while in the military
service, was voted down by strict party vote;
every COpperhead voting against it, and every
Union man for it.