The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1864-07-14
Thursday Morning, July IA, 1864.
The Case Of General Dir


The Presidents order-Jadgc Pierrepoaf'
Points for General Dir-DecisioR Ia farol
Q( the C0pernmeat.
The argument In the case Of the Peopl'
against General Dix, In the matter Of th'
suppression Of the World and Journal o.
Commerce. was heard before Judge Rassel OF
Saturday, July 9th. The counsel for Gen
Dix put in the order Of President LiueolT
directing the suppression, and the arrest aud
Imprisonment OF the editors, TO which ob.
jecIion was made by District Attorney Hall
Mr.. Pierrepont, counsel for Gen. Dix, submit
ted TO tie Court the following statements and
points. Ii is understood, among the best In
formed members OF the bar, that the decision
OF the Court win be In accordance with these
points, and in favor, therefore, Of Gen. Dix:
On the 18th day of May, 1864, the well-re.
membered proclamation was published In the
World aud Journal Of Commerce On the
same day Major-General Dix, commanding
the Department Of the East, received at has
headquarters in the city OF New York, an or
der IRON the President of the United States,
directing the arrest and stoppage OF the jour
mails complained Of
take possession OF the offices of those jour
mails, and TO take into custody some OF the
editors and proprietors thereof.
On the 20lh OF the same month, the parties
arrested were discharged and the offices were
restored.
Governor Seymour caused the subject to
be brought officially before the Grand Jury.
The Grand Jury found no indictment, and
formally resolved that it was inexpedient TO
pursue the matter further. The Governor
then sent to Mr.. A. Oakley Hall, the District
Attorney, saying that as the Grand Jury had
failed 10 do their duty, the District Attorney
must prosecute the case before a committing
magistrate.
The District Attorney, in obedience, insti-
tuted proceedings before his Honor Judge
Russell, the City Judge, upon which a war
rant issued to arrest General Dix and his Off.
GERS as criminal violators of the law, in con-
sequence of their acts done In obedience to
the Aforesaid order OF the President of the
United States. We ask that the whole pro-
ceedings before your Honor, be dismissed for
reasons OF facts which are undsputed, aud
upon propositions of law which we submit.
FIRsT-Actual war exists in this country !;
not merely war in fact, but war as judicially
recognized by the Surpems Court of the
United States, in their recent decision upon
the prize causes. Y Blacks U. s. Reports
SEcoND-The state OF actual war in a civil
lized country is widely different from the state
OF peace, and the laws of war are widely DIFF
ferent from the laws OF peace. Many OF the
municipal laws which are heard and obeyed
In time Of peace, are silent and voiceless in
time of war.
TmRD-The war is not confined to the
mere place where the rebel armies encamp,
but it touches and affects the entire United
IL - lIa a..
in Harper's Ferry, and peace reigns in Cham
bersburg. There may be battle in the enc,
and no battle in the other, but the state OF
war exists in both. War is not confined
within the lines OF the camp, nor does peace
follow close upon the retreating steps OF an
army. The state and condition of this entire
country is not that OF peace but of war.
FoURTH-This is not a foreign war, but a
great civil war. II was a state of war In
Pennsylvania when Lees army invaded it,
and II was not state of peace in Pennsylya-
mia when the rebels were driven out. We are
not foreign countries; We are one govern
ment, and the war is against this one govern
ment, and it embraces the entire country
War is our state, not Peace.
FIFTH-The Attorney General says there
is no war in the free States, and that the laws
OF war have no authority here: that we are
in no way touched in our condition by the
war.
What mean these weeds of woe, which
darken every third house in the loyal States ?
Is 1t pestilence or famine which has so swiftly
removed from earth more than three hundred
thousand fathers, husbands, brothers, sous
and all in the prime Of life? Surely it is not
war; The learned Attorney General SAYS
there is no war disturbing us OF the free
States-we are In peace, enjoying all its mani
fold blessings
Let the Attorney General bear these glad
tidings to our bereaved people, and see what
answer they will give.
SIxrH-All war powers reside In the Fed
eral Government; the States have no such
powers. Il Howard, U. S. r., "A
SEvESTH-It is not necessary that actual
hostilities or imminent battle should actually
exist In every part of the country, before any
wise action can be taken 10 prevent such hos
tilities.
EIGHrH-Discretionary power to use means
tc prevent the destruction OF the peace OF So
ciety where no battle RACES must reside some
where. 1t resides in the President or some-
where else. 1t clearly does not reside else
where; hence it resides in the President
In this connection We cite the remarks of
Chief Justice Taney, In Luther dqt Borden.
q Howard, Az. There the President had
called out the militia of Rhode Island To put
down the Dorr revolution in that State The
Chief Justice remarks: "It is said that this
power in the PresideRt is dangerous to liber-
ty, and may be abused If placed in unworthy
hands. IL would be difficult, we think, to
point out any other hands in which this power
would De more safe, and at the same time
equally efiectuai, and the
elevated office of the President, chosen as he
is by the people of the United States, and the
high responsibility he could not fail TO feel
when acting in q case OF so much moment,
appear to furnish as strong safeguards against
the wllliul abuse OF power as human prudence
and foresight could well provide
In Martin dgt. Mott (l2 Wheaton, l9l, the
Court says: Whenever a statute gives dis
cretlonary power to any person to be exereis-
ed oy him upon his own opinion of certain
iacts, II is sound rule of construction that
the statute constitutes him the sole and ex-
elusive Juuge Oh the existence of those facts.
1t is no answer that such
power may be abused, for there is no power
which Is not susceptible Of abuse. =
When the President exercises the an
thority conided TO him by law, the presump-
tion is that it is exercised in pursuance ~
law. Every public officer is presumed 10 Act
In obedience TO his duty until the contrary i
shown, and .forttori, this presumption
ought to be fayorably applied to the Chel
Magistrate of the Union"
In Vanderheyder dgt. Young johnson, $50
militia man of this state, employed as a sol
dler in the service of the United States
brought an action against the president of q
court-martial for false Imprisonment. HI
had been accused and punished as deserter
and this act was specially pleaded. II wal
held not necessary to allege for the defenc,
that case had occurred which authorized
the President to call out the militia, the Pre-
sident alone being made by the Act of 2sti