New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-15
GEN. DIX's ORDER.

| Ill tne case OF thb Oh MOdib i"u'te' ouu 'H'
consequent order of Gen. Dix. ordering mill |
tary commanders on the frontier TO shoot down
all msrauders, or to follow them into Canada
for their capture that they may be tried b. mar
lial law. greatly simrlifcs the question TO which
| the CASE has given rise between the two Gov
ernments Tho course pursued by our own,
hitherto, was certainly the most amioabc that
the nature of tho case admitted, for that now
adopted by Gen. Dix might have been taken at
the outset, in accordance with the Acknowledged
principles Of international law. Phillimore, a.
writer of authority. Vol. l.. p. 2y7. says:
"a rebellion or O civil comno.ion 1t may happen asi-
1 tate. naiion while tho authorities eTo nsssrd In TO
pressing IT, bands uf rebels pass the fron,icr to shelter
themselves under tho protection Of the coniesminons
state and from thence with rostorcd strength and
fesh appliances renew their invasion upon the stac
from which they have escaped. T. invaded state re-
cn,trates The remonstrsnoe. whether from fsvor IA
rebels or feeeness 81 the executive. IL unbecded. CT
AZ leas, the evil compsired OF aims unrressi In
h state Of thing. The invaded state vs. warranted ~
International Law In uvssins The frontier. and IN
taking tie nsoessa.J ueebs Tor her saisty. whesheT
these he the cap,arc idsi eTsDn IL tho rites, OF
tho destruction OF their stronghold. tLo ekseno!os
OF the case inay require"
The order of G. zen. Dix is in accordance with
the principles here laid Gown. but the Govern
mcnt has refrained from this extreme mcasurp
until other means Of rcdrss bad been tried and
failed. Prcsuming that the British Govern
merit was anxious to keep on amicsble terms
with our own, it first demanded the rendition
Of tho criminals, who had perpctrated outragos
within borders. under the Treaty. Two
courses were open to the Canadian autboritics;
thoy could have either returned the prisoners
for trial where tho crimo wes committed. or they
could have tried them by tneir own laws
for levying veg against power with
which Great Britain is st peace. For these
persons even supposing ticm to be Rebels,
acting under commissions from jeff. Davis,
were, nevertheless, amenablc TO British law,
while in British Territory. II they were not
Rebels, bu; mere Canadian maraudsrs, then
the British authorities uDquestionsbly had the
same tight 20 hold them responsible 81 Offenders
against the majesty Of Gree. Britain IN esaIniug
the prerogative Of levying weri or, II thcy pre-
ferred, they could return them TO bc tined ns
mere common thieves and murderen. But
Justice Courssl having failod 10 hold the men
for trial on other Of thesc grounds, Gen. Dix
sees proper-iudced no other course Ia left him.
to edopt such measures as arc justified by in.
ternatonal law for tho protection Of the ciIi-
sens Of the United States.
We are not Obliged 10 go lehind the act Of
the Canadian Judge 10 seek for motives of his
conduct. Tho discharge u the prisoners from
al tho indictments though ono only was before
him. is. we venture to soy. as unprecedented in
English courts ns our own; and the decision OF
want OF jurisdiction seems TO vs. a mere tech
nicality. which Judge, who meant TO do
Justice, would have given opportunity for
correcting. But the simple fact, without
doubt Is that lie vet these men ut liberty be.
csuse they were American Rebels, and that
political sympathy with them moved him to
resort 70 q course which cen DO sustained
neither by lsw nor reason. In so doing he has
referred his decision 10 tia highest authority in
his government for revision. In refusing TO re-
turn these mcu for trial By our courts, or TO
hold them for oil oftcnse against British law, he
starts the Question whether we 0ro % consider
ourselves at war with Great Britain. II the
raiders wero not mero robbers, will the English
Government essume them 10 be soldiers Of u
power az war with usf She h03 mover recog-
niged The so.caled Coniederscy al o Government
de j,r, or do Jfacso, but simply as a belligerent
| Docs she mean 10 do so by this act' Doing 80,
does she mean 90 assume that she is en- ally OF
that Government, and to put herself in IN at.i.
tude OF hostility TO US, BY permitting war TO
| DO carried on against u from within hor terri.
toryf The release Of thoee men by Canadian
Judge puts her in precisely this position-
position which, 80 fer % her legol
| action is concerned. she hos carefully
evoded In tho course abe has pursed With re.
gard TO the Rebel rams. The question IL thus
taken out Of the courts, and Is RELOCATED, where
We have always thought 1t belonged. asa politi.
csl question to be settled by negotiation be-
I tween the two Governments. In the meantime
Gen. Dix has taken II by the horns. and military
measures viii 20 far to bring II to q speedy de-
cision. OF the decision Of the English Govern.
ment we have no doubt. 1t will not permit |
the Rebels to carry on the var from the borders
on hsf te"H"'!'