New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-08
The Arress OF Gen. nix

II will be remembered that the matter of the
people against MAJ Gen. John A. DIX and stan 'of an
a,eged Iaisdemeenor in Illegally sezing the establish.
ent, OF me World and Journal CT Cointeree. for pub
fishing the bogus proclamation. YVES argued before
Judge Russell last month and decision promised on
August /. Tho City Judge had prepared Bis opinion
and returned 10 the city Monday for the pnpo'o o.
delivering it in open court but unable 10 do 90 BY
reason Q, severe attack or cryspeas, which confoed
hin to his room On Saturday hon ever hs Honor had
sufficiently recovered to be able TO be ont when be fled
Ills opinion in the Dstrict.Attorneys Office. subioned
IL the decisions:
The People agt John A. Dix and O,hers.-lt is unne
cessary for me- in deciding tits matter TO reAesfse TIC
facts If this case TIE Defendants thronRh Their couD
sel place Themselves under TIE protection Oh section
of the act of Congress Of March 1903 entitled An
cot Ielsrg To habeas corpus, and regulating judicial
proceedings in certain cases. III That pIOsls.on - COZ
stiiutional sssmilaes the President oi the United
States during the existence OF the present Rebellion ~
an absolute monarch; clothes him with al tie imaginary
perfection Of that monarch and makes HIN incapable ~
doing any wrong ibis Is very novel and sterling
doctrine 10 advance under republican fgrm Of govern
ment hare given the csse most careful
on the hand seeking 10 avoid undue interference
with the agents OF the General Government IN the per
Torrance OF their duty and on the other keepine be-
fore NV obligation 70 uphold cad enforce TIC
laws Of this State. do not deem u proper 70 state In
detail the views entertain upon the legal principles
ably discussed Before me by The counsel ON both tides
Such exposition VI the law WOld be more appropriate
should this come before the court for trial itstrkes
ne however, III occasion 10 enable the greet ques
t,ons involved In il 20 be brought up in such shape
b admit Of tAer being absolutely and finally settled. II
the oct Of Congress in question is constitutional IN the
particular ccntended for By the defense IL does look
though it impaired to the President powers raising him
above the instrument which creates biz Office aud giving
Elm the rght in his discretion % obey that Instrument
or not The principle is not mooted r decision IN this
case TO how lar tho President can oct upon
IN Nttfn oh frft lIf
walls end where the powers Of the civil author tte have
been susyended and the civil law substantially expelled
In such condition fittings he must and ought ~ have
very great in order 70 restore Gnd MAINTAIN the
lava III this State tie civil power n. and Las always
been IN the ascendant. Our citizens are supposed TO
enjoy the blessings Of the Federal Constitution and re-
pose under the benign operations OF Their own inme
diate legislation If rebellion in any Of the insnETec
,onsry States can deprive them OF this then the gov
errmeLt u every State in the Union IS ~ TIE mercy OF
every other State 10 cannot be possible That any enOi
TO suppress an instruction in seeding state requires
any disturbance OF the institutions OF the oyM states
II The Presden; direct anything 70 he Gone IN t
State lie peases and Lis order Is perfect shield 70
those who obey bis Commands he becomes desPot and
longer the chief magistrate OF iree people Inc
disnction then In between what re can order 10 ne
done in loyal State and which Is iebeliions and
claims 70 have retired nom our coniederHcy ~ he u
emp0weredtO bring back the latter - lis a1egance
and 10 force It 10 submit TO the Federal Constitution
and Gle laws enacted in pursuance oft Is he empowered
TO ooitcrute aud for the time being To wipe out nj
constitutional guarantees Ia favor OF the oimert III
ought to be the law if,, not that the viii Of the Pre-
ndept Ia rot supreme IN q loyal State To certain eI
tent the Federal Government like al individual, 10
projected by State laws and In is 20 respect ana
OBEY them These suggestions would appear 10 be larry
dednciolo from the hoalful principles established by
The supreme Court ofthe United States il Little agt Bar
RENE q GRANGE. l1Ol. and Luther ag Barden a How
ard, u o. kp ID They certainly sanction the doctrine
that governments like individuals. not only enforce
but obey the laws. The provision Of the act of Con
eress relied upon by the defense has COMO under review
by the Supreme Court OF the STATE Of Indiana in Gren
sgt Wilcox (2l Indiana r. 800 which court pronounced
a. znst its constuiiOnaty in reference to the rights
OF its citizens secured and exercised under It's own
laws The prize q Black, United States X $3.50
do not conflict with the grounds taken for the prosecu
ton In this case. Tie position 81 this State in INV
view Ia this: internally we are enjoying civil gov.
ernment though no other Stnte had repudiated its
allegiance 10 the Union; externally paIticpat.
AZ In an effort subdue number OF refractory States
In reference 10 the point Of intent which real.
ously discussed by the defendants counsel the law
very plain II the defendants acts were Unlawful and
they were sane when they committed ;hem. they are
auel ~ have intended the NECESSARY eQnsequsycet