Weekly Trinity journal., 1867-01-19
Spirit OF the metropolitan Press.

f Spirit OF the Metropolitan Press.
The San Francisco Times has the follow
ing in relation to the
RECENT SUPREME CouRr Decisions s.--Causd-
erable unnecessary excitement and alarm ap-
: pear to have been produced By or two
| recent decisions of the United States Supreme
Court which are considered to have the effect
to unsette all of the extraordinary legislation
of Congress during the war. The latest -ensa-
tion il that the decision in the Indiana case
virtually sets aside all actionsof Cents-Martial
and remands to the civil Courts those persons
who have been heretofore convicted by these
military tribunals. In the case of Bowles, Null
ligan, and Horsey, convicted by a Court-Mat dial
in Indiana, in 1864, of sedtion and resistance
to military authority, the Supreme Court has
lately decided that civil Courts have exclusive
jurisdiction in all cases where offenses were
committed By ciuilians in the loyal States Martial
law was never proclaimed in Indiana, and, failing
this, the trial of the cons pirators above named.
civilians ALL was illegal, as decided by the Su-
preme Court.
Emboldened by this decision, however, the
friends of Mudd, Spangler and O'Laughlin, con-
victed of tue assassination of Lincoln, apply for
writ of habeas corpus, and when these criminals
are brought before the tribunal to which they
apply, we shall see what application the decision
in the Indiana has to theirs 1t is not,
however, probable that the merits of the cases
will be fopnd to be at all similar. The assassin
ationists tried and convicted, it is true, by
a military commission, but they were tried in
Washington, where martial law proclaimed
and in full force and effect in New Orleans;
under Buffers rule. The offense of Mudd and
bis co-conspirators was also committed within
the District of Columbia, where as above stated
martial law was superior to civil lNw, while, on
the contrary, in Indiana military law was subor-
dinate to the civil law.
AS to the apprehension that the decision of the
Court affecting the status of the States in which
rebellion formerly existed, will be adverse to the
popular opinion and the settled convictions of
the majority of the loyal people, there will be
time enough for crit ssm and comment when the
decision is given. We have already had an
instance in which the brief telegraphic reports
have misled people, who have made themselves
ridiculous by commenting decisions which
have never been given.
The attorneys oath act cannot have been de-
cided to be unconstitutional, rs alleged, or we
should have statements to that effect in
some of the Eastern papers and we have per-
sonal knowledge that only week ago the United
States Supreme Court refused to receive brief
signed by San Francisco lawyer, on the ground
that he had not taken the oath in question. The
misapprehension grew out of decision of the
Supreme Court in the Missouri test oath case
which decision materially limits State authority.
We have telegraphic authority for stating that
certain Judges, constituting a majority of the
Court, will deliver an opinion in the assassina-
tionists case on the l4th but what that opinion
will be we venture to say no man outside of the
Court knows although the names of majority
and minority given with great particularly.
At all events, it is to be hoped that the decision
will not shock the popular confidence in the
majesty and dignity OF .he law.
The Alta California INDUCES in the following
sarcasm at the expense of the party which it so
lately aided in keeping up showing of vitality :;
A LAST FEEBLE EFFORT THE OLD Demo-
! CRACY.-The Democracy of two Sta'ns held Con-
ventons on the Sth instant. In Ohio their leader
was George II. Pendleton in Connecticut,
James Brooks, of New York city, was the chief
orator and Ex-Governor Seymour, of Connecti
cut, chief manipulation and expounder. Both
Conventions set forth platform of general prin-
cpes, embracing State rights, charges against
Congress, pufs of the President, threats against
the radical " dsorganizers, thanks that his
Excellency had so often interposed the veto pow
er to save the Constitution, condemnation Of
high tariff, and opposition to negro suffrage as
tending to produce q disastrous conflict of
races" They concur in call for National
| Convention to fix things up after the usual DEM
ocratic style, and altogether in their personal
leaders in their avowed principles, show that
nothing has been learned or forgotten by then
since their calamitous breakup at Charleston in
the people have. The people will Remember,
when they hear such men as Pendeton and Con-
necticut Seymour prate of economy in govern
ment, and of State Rights, that it was chiefly
through the efforts of such politicians, from
SCI to 1864, that the rebellion was started and
sustained and the enormous debt, now hanging
| like milestone about the Nations neck, was
created. They will remember that with these
men State Rights include the right of secession
and rebellion, and that what they mean by the
tyranny of the Rederal Government is its attempt
to save the Nation from ruin, and punish, even
in the midest FORM those who wickedly
deluged it in blood Under such leadership the
Democratic party has sunk itself beneath con-
tempt, and there is good reason to believe that
more than half of those who went with McClel-
Ian in 1864 now in full affliation with the
Chicago Times and Boston Post, for impartial
suffrage The Seymours, vallandighams, ,Pendle-
tons and Brookses are played out as flat as is
! Head Centre James Stephens with the Fenians.
The Sacramento Union has the following
ference to the reply of Governor Low that the
people of California do not desire special Con-
gressonal election
''We consider the opinion expressed by him
in his reply as well based for various reasons
that might be cited, chief among which are,
that in no possible way could au election be he
with notice of sixty days so that the new Con-
gressmen could take their seats by the 4th of
March, provided 1t be decided that session be
held from and after that date and again,
/ special election in California in the wet or Win
try season would operate to disfranchse many
voter, such is the difficulty of communication in
several of the mountain counties of this State.
1t might be mentioned also that this is the
busiest season for the miner and agriculturist
and we do not see that the expense and incon
venience which would result in the holding of
an election would be attended with any CORES
ponding advantage. The loyal men of the coun-
try have representation in the next Congress
which, it is believed, is ample enough for all
needful purposes but if continuous session
be held and it be found otherwise when the
crisis comes and the California delegation is
needed, then a special election can be provided
for by Congress which would be held in a more
favorable season."