The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-20

their steam through chimneys or pipes reach
ing above the roof Of their buildings, inslead
Of into the sewers, the new Health Commiszion
will be called upon to take up the matter and
abate the nuisance. 81 as assfs
The status OF tho Rebel statss-Chisf
Justice Chase Ovcrrulcd and the Free
sident Sustained by the suprcme Court.
The Supreme Court Of the United States,
upon question which Is fully explained In .
Washington letter which we publish to-day,
has recently affirmed the correctness Of Pre-
sident Johnson's position in regard to the
status Of the rebel States The point Wa,
whether the courts, Is before the war, would
take up those cases from said States which had
been laid aside in consequence Of the rebel
lion, and, the rebellion being suppressed, the
Court decided to take them up, Chief Justice
Chase alone dissenting. So far, therefore, as
the Judicial department Of the general gov
ernment is concerned, from the collapse Of the
rebellion the States involved In Il resume their
former relations as members Of the Union.
Thus the head Of the Executive department,
by the highest legal authority in the land, the
court Of last resort, is borne ont in his judg-
ment that secession Is nullity, that the rebel
lion did not carry the offending States out Of
the Union; but that in attempting to get ont by
force of arms "they placed themselves in a
condition where their vitality was impaired,
not extnguished-thei functions suspended,
but not destroyed"
This is the position of President Johnson
and of the Supreme Court-of the Executive
and Judicial branches of the general govern
ment. But what is tho position of Congress,
the legislative department? According to
Thaddeus Stevens, the radical leader Of the
House, the excluded States, by their acts Of
secession and rebellion, were taken out Of the
Union and are now in the condition of States
conquered from foreign power, and are sub
ject to the same absolute authority of Con-
gress as were the territories acquired from
our late war with Mexico. The States
Union still survive, says the President; but
as rebel States they must be held to the
consequences of their war, which are the re-
pudiation of secession and all the debts and
obligations of the rebellion, State and confede-
rate, as null and void, and the recognition and
making permanent and binding the aboli-
ton of slavery. In meeting these conditions,
tho States concerned have fulfilled the Presi-
dents programme, and they are, according to
his theory and this concurrent decision Of the
Supreme Court, entitled TO a restoration to full
communion as members of the Union.
But TEaddeus Stevens and the radicals Of
Congress say no. These lately rebellious States
are defunct, they mast be reconstructed out
and out We must compeithem to admit their
emanc,patsd blacks 70 the ballot box, or ex-
clude them from the basis Of representation.
We must hold them to this, and secure the civil
rights Of their blacks as citizens by constitu-
tionai amendments, before we can reopen the
doors of Congress to any Of these dcfunct
States. Chief Justice Chase would support the
Stevens policy in the Supreme Court, but he is
overulcd. According to Chief Justice fancy,
ibe negro in the United States had no rights
which white men wore bound to respect. Ac-
cording to Chief Justice Chase, tho excluded
States have no rights which the general gov.
eminent Is bound to respect. If Tansy may
be justly charged with playing into the hands
Of the Southern radical ncgro-driving faction,
Chase may be rs fairly accused Of constituting
shc law as partiaan Of the Northern radical
negro-worshiping faction. At all events, in the
otherwise unanimous voice sf the Supreme
Court, its decision against Chief Justice Chase
and in favor OF The restoration Of the rebel
States TO their oil relations with the general
government, will Immensely strengthen The
President and his policy before the Amerlcau
| people against Chase and Stevens and their tot
lowers In Congress- -sfs ~. "a.
news frossa jamaica.
| rsrr fMpEaIAL c0MAiasfoxffx sEssrov-- INQUIRY
4 INTO rIg osIGrN ~ TnE bArs vEnshfrov. src.
/, The steamship Montexnms, from Kingston, Jamaica
arrived this port yeslcrdy with Giles - February
The news is untmportant
The Imperial Cc nuisaon instituted for the purpose
Of defining tue origin OF the In:e rebellion IN Janacs
b.eaa It's sittings the cath 81 Jsnuiry -Gescroe'
Eyrc and other bad been exaInincd. ,atas-. ..,
The conmiss.oa SAIL in session when the sscsie
sri' a. Z. - ~. ~. y 4. ...g.. ~
The people of Kingston suncwha; cs,cd the
anuounc that delegates iron caaada verv abou
tovisit the island for sh, purrsc Of making s5srrs
mems for openins direct ls.da fsm the Bria Aorii