Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1867-01-01
Rebellion Broke out in a New Quarter.


1t twas known during the war that
Of the nine Judges of the u S. Su-
preme Court, FIVE were rebels at
heart, and that they only awaited
the opportunity to deal a fatal blow
to the country. The u. S. Senate so
ascertained during Lincoln's admin
stration. Trumbull Of Illinois desir-
ed some legislation in view Of
changing the concern into into a 10y
al body, but was overrulcd. 1t was
also lately ascertained that the court,
feeling itself safe under Johnson's
support, was DESTROYS of rendering
another Of Judge Taney's sweeping
decisions, as in bred Scott. But the
movement Of Congress was too slow,
and the court was allowed to have
its way.
The court but recently adopted
rule forbidding any reports of their
decisions by the reporters, this doubt
less IL view of avoiding any sudden
shock that their action might have
upon the country. But enough is
known, the information coming from
leading southern sources, to make it
sure that a majority Of the supreme
court lately took up q case and made
it the base whereon to build q system
OF decisions which for the time being
may very greatly damage the country.
The case alluded to.is that of Milligan
and others, of Indiana we now copy
from the Chicago I1tgHe:
Such Importance is attached to this
decision that natural anxiety exists
to understand fully tile points de-
tcrmined, and to follow and weigh
he reasoning Of the Court. This
anxiety is increased by the seeming
l. eXtravagant hopes founded upon
1t by the rebel press, North and
South and by rumors that other and
still more important decisions have
been arrived AZ and will soon be
pronounced, by which the test oath
will be set aside, the insurrectionary
States declared to be States within
the Union, with all the rights of the
loyal States, and the freedmen's Blu
reau and Civil Rights bills, together
with all the legislation Of Congress
since thcaclose Of the war pronounc-
ed to be unconstitutional and void,
because Of the exclusion Of the rep
resentatives of these States. Indeed
it is said that Secretary Stanton
holds that the decision already rem
dered in the Milligan case 'over-
throws the Freedmen's Bureau, and
renders the army utterly powerless
in the south, and that good lawyers
are Of the opinion that it renders the
Secretary Of War, the Judge Advo-
cate General and all the members Of
the Court that tiled the assassins Of
Mr. Lincoln, liable to prosecution.
Mr.. Weatherby, editor OF the States
man, goes back to South Corolina
from an interview with the Presi.
dent, and announces that Mr.. John
son told him the Southern States
would be sustained by the Supreme
Court, or at least that he had reason
to hope they would, in rejecting the
Constitutional Amendment. All
these hopes of the rebels and fears
of the loyal, seem to be preuIcaUcu on
q decision so imperfectly reported
that it is difficult to understand pre-
cisely what has been determined.
According to the statements furn-
ished to the press, the principal
points settled were, that although
Milligan was accused fpar icipation
in a conspiracy in Indiana, and the
writ of'habeas corpus had been suspen-
ded, the rights Of the accused under
the Constitution and the law still
existed; that the civil courts were
open and unobstructed that Indiana
was not the theatre Of war; that
Congress by the act of March, 1863,
had clearly made provision for the
trial Of this class of offences by the
civil courts, and that as Milligan had
never been in the military or naval
service, there existed no authority
to try him by a Military Commits
sion, and that CONGRESS- had not at
tempted by its legislation to confer
such power. We are informed that
he Hhole subject of martial law was
deliberately reviewed, and its exer-
else condemned where the civil courts
arc open and civil process unobstruc-
ted. At the same time, full and &C
curate report Of the decision might
materially modify some Of these
points, or at least explain their ap-
pl;cation.