Arizona miner., 1866-05-09
TIE ATTITUDE OF THE SUPREME
 COURT

The following are the particulars of the late decision of the Supreme Court of the United States, to the effect that the States lately in revolt have not been converted into Territories, but are still States of this Union. They are given in the Washington correspon- dence of the New York HsraLd!
 An important decision was rendered in the Supreme Court, some ten days since. bearing upon the status of tbe rebeliious States, which seems 10 have been entirely overlooked by the correspondents here Iii however, significant straw, indicating the correctness of President Johnson's position and the folly of the action of the party in Congress which k now engaged in fostering and carrying out an extensive revolution, more dangerous Ia the country than the late
 rebellion.
 "Thc point raised was whether the Su-
 preme Court would take up those cases from the southern States which had been set one side during tire rebellion. Tl:e Supreme | Court of the United States cannot originate cases itself, but acts upon the decisions of the Courts below it, and confirms or rejects those
 decrees. In thus deciding questions appealed,
 the decision, whatever it may be, is sent to
 the Court from which appeal was taken. This is the only way that the decFees of the Supreme Court made applicable. In other
 words, the Court below Is notified whether
 it's decisions are sustained or oserrued and
 that Court officially notifies the parties in
 interest, and shapes its own course thereafter
 accordingly. Now, while the rebellion was , in existence there were no United States Courts held in the southern States. and therefore no place for the Supreme Court to send its decrees of confirmation or rejection on those cases originating in Courts there All the suits awaiting action on the calendar from the late rebelhous States were ct an early stage of the war, set one side for the time being, or until the United States Dis , trict and Circuit Courts could again resume : their duties enabling the Supreme Court to : enforce it's decreog, and for the additional reason that parties interested did not appear on either side.
 A few days ago the question was raised whether the Supreme Court, now that the rebellion was over, would take up those eases thus set one side, and whether they should be again placed upon the calendar, and try
 them in their regular order also, whether they should take COgnzance of the Courts organized since the close of the rebellion the
 same as in the northern States. This, of course, brought up the question in fact, as to ; the adius Of the southern States-whether States or Territories. written opinion wa,
 rendered by the Court, decdng that it would 0 try those cases set one side during the war 0 and try them in their order, whenever par ties interested appeared before the Court
 also, that cognizance would be taken of al ! questions brought up from the existing Courti in those States the same as from any othel { State. To this opinion Chief Justice Chas' { announced in Court that he disagreed and diC { not concur. Chase stood alone The Asso
 ciate Justices were of one mind-aIl concur rcd in that opinion and oyerruled the Chic Justice. His dissenting, standing as he dic , alone, does not effect anything. It is, there ] fore, settled against him, and the Suprem' Court from this time forth, treats those State as States in the Union, having never beer outn