Year: 1864

4 SACRAMENTO, Feb. %, 1864,


The decision of the Supreme Court on the right
of volunteers to vote is still the subject of con-
versation here. There is no doubt as to the di-
rection of public feeling on the question. A
very large majority of the people believe it to
be not only just, and polite, but constitutional
for the Legislature to provi ide for receiving the
votes of Californas volunteers. The decision
is very unpopular one the Judges. Of course,
knew that it would be. before they made it. and
this is often given a proof of their integrity.
People generally believe that if the Judges had
been actuated by selfish motives, they would
have leaned to the popular side of the case. l
often hear this remark, yet | have an opinion of
nv own on the subject think that if the case
had come before men of less professional pride,
and more love ofpersonal popularity, the decision
would have been in favor of the soldiers right
to vote but new Judges are men learned in
the law, schooled in the of techncalitics. and
determined to maintain the distinction which
should exist between the plablity of politicians
and the unbending uprightness of Judges. |
find no fault with this, so long as the would-be-
considered upright Judges actually keep their
eunilibrium but when Judge holds himself so
very much aloof from popular feeling, throws
himself so very far back on his judicial integrity,
and stands so very stiff in his judicial boots that
there is danger of a serious fall backward, it is
quite time then for the more plant people to ut
ter word of warning. There is no doubt, in
my ind NJ ha si0na1 Oride of these
learned legal gentlemen has led them to stretch
point in order to decide against popular feel
ing, thereby to furnish an indication Of their
perfect uprightness as Judges. The Constitution
says:


For the purpose voting person shall be deemed to
have gained lost residence by of his presence or
absence while employed the service of the United States


The Constitution further declares


privilege suffrage supported by laws
regulating elections


On this constitutional authority the Legisa-
ture passed a law to provide for receiving the
votes Of citizens of California in the service Of
the United States. The Court admits that the
soldiers have not lost their residence, and that
their right to vote in their respective Districts at
home, is perfect, but that the question is simply
one of place. The Constitution provides that
the voter shall be resident of the district in
which he claims his vote. 1t is the place, only,
says the Court, which is to he taken into con-
sideration and in order to fix the place. the
Court construes the word - claims - meaning
offers, that voter must actually present his
ballot at the polls in the district where he resided
when he eplisted quote from the decision:


g j;m
with which the qualifications of voters have in stricnes
nothing to do"


Soldiers could vote, if at home, but while alb
sent fighting for the preservation of the Govern
ment, they must be denied the privilege OF
voting, even though this denial has to be made
on purely technical grounds. The Government
being threatened with destruction, loyal soldiers
must go to the field for its defence, leaving
traitors at home to carry elections against the
principles for which the soldiers are contending
with lead and steel


Thompson Campbell has given notice that he
will introduce bill to enable California volun-
teers to vote for members of the Legislature
Congressman and Presidential electors 1t is
thought that the Supreme Court will not be able
to set aside the will of the people, it will be
expressed in the proposed new law.


COUNTY JUDGES SALARY


The bill authorizing the levy of special tax
for the payment of the salary of the County
Judge of Trinity has been referred to the Judi
ciary committee, on motion of Mr. Chappell. 1t
is understood that majority of the committee
will report against its passage, but Mr.. Per-
sonette hopes to be able to get minority report
in favor of the bill. If passed now, which is
very doubtful, it will be too late for the levying
of the tax this year, unless another section is ad-
ded, authorizing special assessment.


SUSTAINING A TRAITOR.


A bill authorizing the Governor to appoint
District Court Reporters, introduced for the pur-
pose of turning out the Irish Copperhead o.
Doherty (who acts as Reporter for both the
Fourth and Twelfth Districts was defeated in
the Senate on Thursday, l6 to Is. The reason
for its defeat is that the bill known as the Gov
ernor's BILL was next on file, and it was feared
that the passage of the O'Doherty bill would
defeat the other. No matter-there is a bill be-
Court Reporter, which can be amended and
passed. 1t will undoubtedly, in some form, pass
both Houses As to 'Doherty, l have known
him personally for years. have heard him saw
that the Southerners are fighting for their con-
stitutional rights that the war was forced upon
them by the aggressions of the aboitionists. and
that the calling out of volunteers by Lincoln was
an act Of despotism Not from choice, I assure
you but as necessary part of my business as
editor, l kept files of the San Jose Tribune for
number of years previous to its suppression by
the Government. When O'Dohertv was annoint-
ed by Judge Pratt, sent home for extracts from
these papers and after some delay, received from
Mrs. q Faust" large number of disloval arti-
cles from the pen of O'Doherty You cannot
publish them all, but perhaps you will find room
for the following choice morceaur:


THAT the South will be subugated we have no, the vb,
est idea" e


That expression of opinion was published on
the 10th of July, 1861. On the 26th of the same
month, O'Doherty wrote:


ave live to-day, under despotism more absolute than
that of Russia or France tyranny CALLING than that
of the thirty tyrants of Athens ~ W