The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-28
A New Conflict ON the Status Of the Rebel
.4 Ul States.

A New Conflict the Status Of the Rebel
a0 .a States.
The condition Of things in the South has been
Of late as badly mixed as in Mexico; but ac-
cording to present appearances, from tho late
decision Of the Supreme Court, tie conflict OF
authorities, from Virginia to Texas, will very
soon be "confuson worse confounded." This
conflict b already becoming 80 sharply defined
In various causes aud places that with the ro-
assembling OF Congress after New Years the
attention Of the two houses will probably be
drawn to the question Of some decisive course
Of action in reference to the present status Of
the rebel States.
We understand that general order is in
preparation by the President, to be directed
to the commanders Of the Southern military
departments, informing them or the Supreme
Court decision against the illegaiity OF courts
martial for the trial OF civilians, and directing
them to conine themselves strictly to military
duties, leaving judicial questions to tho civil
courts. An order to this effect has already
been issued to General Schofeld, commanding
the Department Of Virginia, in the suspension
of the military trial which no had commenced
in the case of DR.. Watson. charged with the
murder of q negro, and as having been un-
justly acquitted or too loosely tried by the
local magistrates concerned. A similar order
has been given to General Sickles, command
ing tho Department OF North and South Caro-
lima and Georgia, in the counlermanding his
military orders superseding the local civil au-
thoritics in various things among others set
ting aside on order forbiddng tha sale Of any
person or persons by the local courts except
for crime. Thus far, then, the President real-
firms the restoration OF the rebel States TO the
status Of loyal States. His Southern orders,
based upon this aforesaid decision Of the So
premc Court, on the Indiana military trial case
of Mligan and others, suporsede his own
Southern military course of supervision hither-
to pursued, as well as certain laws of Con-
gress passed at the last session. The question
thus comes up in q peremptory voice, how far
can Congress proceed In its work of Southern
reconstruction without coming into collision
with the Supreme Court "as now constituted
We are next informed, in despatch from
Washington, that a case is soon to be made
before the Supreme Court which will involve
the question whether Alabama is State of
the federal Union, or what her present status
| Is If she is not State. This case is probably
an appeal from Judge Bastced, United States
| District Judge for the district comprising the
State or part Of the State OF Alabama, in
| matter upon which he decided not long ago
that the payment OF q debt in rebel Confcder-
| ate scrip Is no payment at all In any event
the decision Of the Supreme Court upon this
appeal will be q decision Of more than ordinary
importance, especially II the court shall
assume 70 override the decisions made after .
four years. civil war by . million Of Union
soldiers in that final appeal TO the bsyoset
Meantime We have despatch from Charleston
which says that member Of the State Senate
OF South Carolina, . certain rebel Colonel
wcathcrby, reports that the President had
given him his opinion "thst the Southern
States, through their Legislatures, should
rejec. the proposed constitutional amendment,
but In such terms IS not 10 give offence TO
those who are urging II upon the South" and
that such action, the President believes,
"would DO sustained by the Supreme Court OF
| the United States--st least he had reason TO