The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-14

Thc Istanctisa Cases DismisseA-JeG Davia
Releascd On BAHIA Clear Field for south
era Reconsfrucsiea.
The Supreme Court Of the United States
has dismissed the Mississippi and Georgia
injunction cases for want OF jurisdiction. BY
the Circuit Court OF the United States at Rich
mond Judge Underwood), JEFF Davis, while
awaiting his trial, has been released from milf
tary custody on bail, In the sum OF one hundred
thousand dollars These are two important
events and will be hailed with general salts
faction throughout the country, in view Of an
uninterrupted reconstruction and an early
restoration to Congress Of the ten excluded
Southern States.
The Mississippi and Georgia cases were each
petition TO the Supreme Court. restraining the
Secretary Of War, General Grant and the I've
Southern Military District commanders (for an
injunction in one case would apply to them
alb from the execution Of the Southern Recon
struction laws of Congress, On the ground that
they are unconstitutional and void in trench
ing upon State rights. A decision to this
effect, looking to the Milligan decision Of last
winter, was reasonably expected by the
petitioners (Sharkey, Walker and others), and
there was some reason to fear that President
Johnson, in the event Of such Dc,
cision, mis..s obey it, in the recall
OF the Southern Military District CON-
ms.iders, thus reinstating his own policy,
and challenging another conflict with Con-
gress, which would inevitably end only
with his impeachment and removal and in
the reconstruction Of the Supreme Court itself.
1t will be perceived, therefore, that in the dis
missal Of these injunction cases the conflict
from which the President stands SO signsily
defeated, has been declined by the Supreme
Court and that by the executive and judicial
departments the Legislative is recognized the
sovereign master of Southern reconstruction
and restoration. Consequently oil those dis
tarbing State rights politicians Of tho South
and the North who have been promising a
rescue from Congress by the Supreme Court
must now fall in with the GOOD advice Of
Generals Lee, Hampton, Longstreet ann other
late fighting rebel leaders, in fulfilling the
terms laid down by Congress. In behalf Of
Southern reconstruction, then, the importance
and valde Of this decision cannot be exag-
gerated.
Nor is the temporary enlargement of JEFF
Davis on bail . trifing matter, locking to a
healthy reconstruction of Southern public
opinion. Two years ago, on the charge Of
being a conspirator with Wilkes Booth and
others in the assassination of President LIN
coin, q reward of one hundred thousand dol
lars was offered by President Johuson for the
capture Of Davis. That charge has long since
Allen to the ground; but from the quibbliug
evasions of Chief Justice Chase, the accused is
detained in prison two years awaiting "a
speedy trial." as . murderer traitor
or rebel Tue laws delay. through IL:
Chief Justice, is thus becoming public
scandal, when Davis is brought up for trial and
released on bail in the very sum Zone hundred
thousand dollars) paid for his capture. This
is a curious fact but it is not half 80 curious
as the fact that first on the list Of his bonds
men appears Horace Gre sley econ to Rich
mond'D, and second, Augustus Schell, Presi-
dent of the Democratic Manhattan Club, OF
which Thurlow Weed is likewise member.
Here Is Northern rivalry for political capital
South, which may lead to still more remark
able m ,nifestations Of brotherly love. II mat
tiers little now whether Davis is tried next
week, next month, or next year-his trial will
end in smoke. II is not unlikely that ii lett to
the courts his case may be postponed again
and again, till finally dropped. In the John
Brown song it is said,
We will hang JET Davis on . sour apple tree,
As we 60 marching on.
and President johnson has declared several
times that "treason Is crime and traitors must
be punished" but as matters now stand the be-
thing he could do would be to grant free
pardon to Davis and let him 90 in peace.
Thus, in his case, the work of reconstruction
commenced by O'Conor, Greeley and Schell
will DE perfected by the President, and Davis
will become tower Of strength to the govern
ment in the good cause Of Southern restora-
ton. Greeley win have a fair field through
out the Souih to rectify the bluuders Of Senator
Wilson, the Hon. Mr.. Kelley, Jedidiab K. Hay
ward aud other Northern radicals, in their
missionary efforts to array the Southern blacks
against the whites as political party; and
Davis will be able to exercise still greater
influence over the intractablc State rights poll
ticians, in bringing them round to the laws o.
Congress, and over the five Southern Military
District commanders. The great danger now i
that, between the ideas OF con6scation and
agrarianism, which are getting into the heads
OF the Southern blacks from the hints thrown
out by "Old Thad Stevens" Senator Wilson
and Others on the one side, and from sucl
Southern unreconstructed white leaders as ex
Governor Perry Of South Carolina, Shsrkey o
Mississippi, and Governor Jenkins Of Georgia
on the other side, there may be organized suci
clashing Of races as will precipitate even in
the North another political revolution, throw
inn evcrvthinO into confps sion while vet IN,