, 1866-05-04
What the Supreme Court Decides.

The whole superstructure of the radical pro-
gramme rests upon the assumption that the
eleven Southern States, recently confederated
for secession and separate independence, are
now actually out of the Union. In other words
the American nag, bearing upon its folds thirty
six stars is, in the language of Greeley's poet,
''a Haunting lie" because eleven of them have
been stricken from the National armament II
they can make good this theory, then their way
is plain before them. Through the instrumen.
talty of the intensely Black and subservient
Legislatures in all the free States $50 called, ="
they can amend the Federal Constitution to suit
themselves. Nineteen States will only be re-
quired to ratify an amendment, whereas really
it requires twenty-seEe3ous dtIh 10 hf6gH
through nor could they make proi osition to
the States having Black Legislatures, which
would not receive their sanction. But unfortu
natey for their programme, we have a stubborn
President and an incorrigble Supreme Court,
both of whom persist in regarding the Union rs
not dissolved. We have already adverted to the
substance of a decision by that tribunal, bearing
upon this point. 1t is of so mrch Importance in
connection with the radical platform, that we
are induced 10 give a statement of its true bear
ing We copy from the Washington correspond
ence of the New York Herald:
"Au important decision was rendered in the
Supreme Court, some ten days since, bearing
upon the status of tn rebclhous States, which
seems to have bceu entirely overlooked by the
correspondents here. 1t is however, a siguih
can't straw, indicating the correctness of Presi-
dent Johnson's position and the folly of the ac-
ton of the party in Congress which is now en-
gagged in fostering and carryinl out an extensive
revolution, more dangerous TO the country than
the late rebellion.
The point raised was whether the Supreme
Court would take up those cases from the South
ern States which had been set one side during
the rebellion. The Supreme Court OF the Uni
ted States cannot originate cases itself, but acts
upon the decisions OF the Courts below it, and
confirms or rejects those DEGREES. la thus deci-
ding questions appealed, the decision, whatever
it may be, is seat to the Court from which an
appeal was taken. This is the only way that
the DEGREES of the Supreme Court are made ap-
piicabie. In other words, the Court below is
notified whether its decisions are sustained
orerrulel, ana that Court officially notifies the
parties in interest, and shapes its own course
thereafter accordingly. Now, while the rebel
Ii IN was in existence there were no United
States Courts held in the Southern States, ard
therefore no place for the Slpreme Court to send
It's DEGREES Of confirmation Or rejection on those
originating in Courts there. All the suits await.
inr action on the calendar from the late rebel
lious States were, at early stage Of the war.
7eL ope side for the time being, or until the Ur.-
again resume their duties, cuahling the Supre~c
Court TO enforce its DEGREES, and for the addi-
tionel reason that parties interested did not APP
perr on either side.
i few days ago the question was raised
whcthcr.thc Supreme Court now that the rebel
lion was over, would take up these cases thus
Sc; one side, and whether they should be again
placed upon the calendar, and try them in their
regular order; also, whether they should take
cognizance Of the Courts organized suce the
close OF the rebellion the same as in the Northern
States. This, OF course, brought up the question
N fact, as to the status Of the Southern States
whether States or Territories. y written opn-
ion was rendered by the Court, deciding that it
would try those cnses set one side during the
war and try them IN their order, Whenever par
that cognizance would be taken Of all gu s;ions
hrou yht up from the existing Courts in those
States the same as from any other State. To
| this opinion Chief Justice Chase announced in
Court that he disagreed and did not concur.
CLase stood alone. The Associate Justices
" ere of one miud-all concu:red in that opinion
and overruled the Chief Justice. His dissenting /
landing as be did alone, does not effect any
hing 1t is, therefore, settled against him, aEt
he Supreme Court from this time forth, treat
hose States, as States in the Union, hayinI
lever been out.