The weekly union record., 1864-02-13
Soldiers Vote Unconstitutional.

The Supreme csurf, by unanimous opinion,
has decided that the law Of this State permit
ting soldiers To vote, out of the county or Us
trict where they claim residence, is uucopsli
iulioual. The following extracts from the
decision partially explain the points upou which
the Court base their decision:
While section four Iof the Con>iilu'iaul
procides that 20 person shall be deemed 10
have lost residence by reason Of hi- ab-etce
while employed in the service Of the United
States, II also provides that no person 80 en-
ployed shall be deemed TO have gained d resi-
-dence by reason Of his pfe>cace.T
But there is another ground, entirely distinct
from any as yet assigned, upon which the un-
constituiionaliiy Of the Act of loG3 may be
rested. Admit that voter may "claim his
vote III any number OF modes-al within tie
constitutional meaning OF that phrase-verbal
claim being oBe mode an actual offer TO drop
q ballot IN the ballot box another; the spoken
word, coupled with the act banned. standing for
auotber. aud so On to iHfniiy-stiil the partic
ulaF mode adopted by the voter must be worked
by bin 10 the county or district where be has
resided for thirty days next preceding the cleo
lioO. For II the elector must reside for thirty
days next preceding the election in the county
or district in which be claim. his vote" then it
follows that he must claim his vote in the
county or district in which be has so resided.
The claim" whether it is IN words or in con
duet, or in an admixiure of the two, or in
dreams. still, if in words the words must be
uff II ha Of ha
formed, or, if in vision. then the vision must
pass in the county or district where the elector
has had bis residence for thirty days next pre-
ceding the election.
While it must be matter OF profound regret
to every loyal man that our brave volunteers,
in responding to the call OF their country. are
thus deprived OF their right as citizens to the
exercise Of the elective franchise there can still
be 10 doubt that the decision of the Court is
founded upon an impartial and correct render
ing of the letter. if not the spirit, of the Con
sti;ution; and it is the duty Of all good citizens
to acquiesce in such decision. But, while doing
so, we believe that the loyal people of the State
should, at as early period as practicable, take
the necessary steps to amend the Constitution
so as to confer upon the Legislature the power
to pass such laws as will entitle California VOL
unteers to exercise the right of suffrage where
ever they may be called in defense of their
country. Upon this point, the Court said:
The people of this and every other State now
adhering 10 the Government and whose sense
Of justice is offended and whose patriotic i'm
pulses are resisted by Constitutions framed in
times when a civil war involving the existence
of the Government was not dreamed of as 4
possible event might well confer, aud, if they
had the opportunity, very likely would confer
upon The legislature. power to send ballot
boxes into the camps Of the California soldicry.
wherever they might be found. But that
would be a limited power, adapted to the
cXigency Of new occasion.
Similar laws to that Of this State have been
decided unconstitutional by the Supreme Courts
of Pennsylvania, Connecticut, New Hampshire.
Iowa and Wisconsin, white New York passed
such law, which was vetoed by the Governor.
The cause of the Union, in our opinion, would
be materially strengthened by an amendment
of the Constitution of this, as well as all of the
States, so as To guarantee to the gallant men
who voluntarily imperil their lives rs defense
all the rights of iizenship-especially that of
depositing their ballots where, in their opinion
they will be most clectual in their countrys
cause and damaging to lis enemi.s.
EXTENSIVE The raid of the rebel Morgan,
through portion Of the State of Ohio proves
to have been an expensive affair. In the coun-
ty OF Guernsey alone. the property taken and
destroyed by Morgan, and the Union forces in
pursuing, as reported by one Of the commits,
sioners appointed by Gov. Tod, amounted to
the sum of Forty Thousand and Seventy -Four
Dollars, and fifty six cents The number of
horses turned over to the L. ). Quartermaster
at Columbus, says the Guernsey co. (O.) Times
229, and 3 mules Horses captured aud i'm
pressed, and not restored to owner, Ia.
FRoN the lst of August till the 10th of De
the number OF hogs slaughtered at
Chicago foot up 526 Al, which is an increase
over the receipts for the same period in 1862
of l65, $50. Chicago seems to De great on
the hog.
CorrER.-lhe Laporle Messenger says that
an extensive copper ledge has been discovered
on the Middle Fork of Feather river, Just
opposite MELONS, Point, and that it is said to
be fifteen feet wide. and traccabe several
hundred feet
MORE LYNCuING.-There was a tragic lime
at Aurora, Nevada Territory, on the 9th. A
Vigilance Committee having been organized,
four notorious deSperadoes named respectively
j Jobn Daley. James Buckley. James NJ. Mas.