The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-23
The Late Decision of the Supreme Court and
HnX IL Il ReRinninQ In Work.


How II is Beginning 10 Work. I'll
The Cabinet, as we learn from Washington,
have had under consideration the late decision
of the Supreme Court on the subject Of military
trials of civilians in the loyal States during
the war, and the conclusion reached Is that
this decision must be respected everywhere
throughout the country as settling the law
upon the subject 1t will be remembered that
this issue came before the Supreme Court on
an appeal in the case Of Milligan, Bowles and
Jersey, civilians of Indiana. who were tried in
that State during the war, by military COM
mission, as reasonable conspirators, and that
the decision upon this appeal upsots said mill
tary trial and all similar military proceedings
against civilians in States where the civil
courts were or are open. The decision, it thus
appears, has been accepted by the President,
as applying now to the lately insurgent States
where the local civil courts are open. Hence
his order of yesterday for the suspension Of
the military trial in a murder case ordered by
General SchoReld at Richmond, Virginia.
The material facts in this case may here be
briefly recited. The carriage containing the
family Of DR.. James L. Watson, Of Rockbridge
county, Virginia, some two or throe weeks ago
was run against In an outrageous manner and
broken to pieces, in dangerous pass in GER
tain road in said county, by the carriage of
another party, driven by negro man named
Toby Echols. The family in the broken car
riage escaped uninjured. DR.. Watson was
absent at the time, but returning home the next
day he proceeded to hunt up the offending negro,
and finding him at work in a field undertook to
chastise him. The negro wrested the instru-
ment employed from the hands of the Doctor,
and then took to his heels. DR.. Watson started
in pursuit, calling upon the fugitive to stop
or he would be shot The negro still oon-
tinuing to run, bis pursuer fred at him with
pistol and sent ball through his body, from
the effects Of which he died in few hours
The homicide next proceeded to deliver him
self up to the local civil authorities, and, being
brought by them to trial before a jury, he was
acquitted of any crime. These facts (and they
are given as presented by the Virginia news
papers) being brought before General Scho-
field, a. Richmond, commanding the military
department of the Potomac and for Virginia, tho
Bureau of Refugees, Freedmen and Abandoned
Lands, lie issued an order, "undcr authority Of
the act of Congress of July l6, 1866" for
military commission in the city Of Richmond,
on the 10th of December "wednesday lasD,
" for the trial of DR.. james L. Watson and such
other prisoners as may properly be brought
before it,"
This is the trial which the President ordered
yesterday to be suspended, and doubtless in
Difference to the late decision of the Supreme
Court. But where do we now stands A law
of Congress, aiming in certain things to SUPER
sede the Presidents policy of Southern restor-
alton, Is set aside by this decision. We have
abundant evidence that this murder case of DR..
Watson and the issue before the local autl,ori-
ties is not an isolated case in the Southern
States for, If we may believe half that we
hear, they amount TO hundreds and thousands
OF similar cases and there is really in many
places no safety and no remedy for the poor
negroes, except in the United States military
tribunals, such Is the Reorganization Of South
ern society and the temper Of the vicious
elements Of the white population against the
emancipated blacks What, then, arc we to
expect from this order 70 General scho6cld,
which must be accepted as the law by every
other military commander in tho South What
oan we expect but an increase Of these South
ern scenes OF violence and bloodshed. the
wholesome restraints Of the United States
army being withdrawn And yet the Prcs-
dent has the authority Of the Supreme Court
in his Justification, from which, as the Court
stands, there is no appeal.
II 10 not in the nature of things that three
or four millions of ignorant Southern blacks,
suddenly released from state Of absolute and
hereditary bondage, and placed on footing
Of civil equality among three or four millions
Of Southern whites, can escape the conse-
quences Of those ideas and distinctions Of
caste and color resulting from the institution
OF slavery. While the negro was the cause of
the late war, his emancipation as the great
result OF the war cannot be otherwise tnan
offensive to the whites and dangerous to the
blacks under any provocation. The local
courts Of the South are not exceptions to this
sition Of Congress, as third party. is essential
TO tho adaptation OF the two raccs to the new
order Of things, and the results Of the war
have invested Congress with the fullest author
ity Of reconstruction. But what can Congress
do with the Supreme Court still holding on to
the teachings q the bred Scott decision and
blocking the ways
Congress still has the remedy in Its hands, In
the power TO reconstruct the Supreme Court
ITSELF In the repeal of the laws creating and
relating to the present Supreme Court II may
be abolished, and new court may be estab-
lished In its place, with new judges, from the
Chief Justice down, and fewer or more in
number, as Congress may prescribe. The
present court Was frat changed from purelv