The New York herald., 1864-08-07
THE ARREST OF GENERAL DIX.
The World and journal OF Commerce
setzure-ImportanG Decision or JuaGe
Russel, Holding General Dix and His
Office RS FOR the Action of the Grand Jury.

The World AMI journal OF Commerce
setzure-ImportanG Decision OF Judge
Russel, Holding General Dix and His
Officers FOR the Action of the Grand Jury.
1t will be remembered that the matter Of the People
against Major General John A. Dix and staff for an alleged
illegally sezing the establishments OF the
World and Journ Of Commerce. Tor publishing the bogus
proclamaton argued before Judge Russe hast month
and decision promised August /. The City Judge had
prepared his OPTION aud returned 10 the city Monday
for the purpose OF delivering It in open court but
unable do by OF attack OF erysipelas
which confined him his Yesterday however his
Honor had sufficiently recovered to be able TO be
when he ded his opinion In the District Attorneys oce
Suboined is the decson which has been looked forward
to with more than ordinary Interest,"
The People U.s. John A. DIR and OttersIt Ia unneces
sary for me- 10 deciding this matter, TO rehearse the
facts Of this The defendants through their
se place themselves usder the protection OF section
of the act Of Congress March g. 1868, entitled,
act relating TO habeas corpus and regulating judicial
procecdiugs certain cases II that provision
sttuti4na 1t assimia,es the President Of the Dotted
States. during the existence OF the present rebellion
an absolute mouarch clothes him win ali the imaginary
per ectiou OF that monarch and INN incapable OF
doing any wrong. lhs IL very novel and starting
doctrine TO advance under rep bcan govern
pent. have gwen tho a al c0nsiiera-
tion, on the one hsnd seeking 10 AVOID an undue inter-
terence with the agents OF the general gov
ernment III the per ormance OF their duty,
and, on the other. keeping before me my own
obligation 10 uphsid and enforce the laws OF this
State ! do not deem IL proper - state in detail the
views entertain upon the legal princiles so ably dis
cussed before by the counsel both sdes such
exposition OF the law would be more appropriate should
this before the court Tor trial. It, strikes
however, as ht abie he great ones
nvoy ed in il to be brought up ia sach shape TO
admit OF their beng absolutely and finally settled. the
act OF Conge question Il Constitutional the
ticular coutended Tor ny the de enca II does jok
tn ugh impaired TO tue President powers raising him
above the instrument bcn creates hs oce and gjPuy
him right in his discretion obey that instrument
or not. The procpie not mooted Tor decision Ia this
as TO now FAR tne President act upoa
In al tngn pItnn la
walls, aud whore the power Of the civi aathori-
ties have been suspended and the civil law
substantially expelled In slch condition q things no
aud ought 70 have very great powes in order TO
restore and maintain the laws In this state the civil
power is, aud has always been in the ASCENDANT Our
citizens are supposed To enjoy the blessings OF The federal
titutn and repose under the benign operations ~
their immediate legislation u rebellion any of
the nsurreconary stes can del rive them Of THIS then
the government n every <e IN the Union IS at The
mercy q every other stale u eaggoi 20 ssiole thnt
any eort 20 Suppress nsurrecin 10 . seeding slate
requires any disturbance u tue institutions the loyal
States II the President direct anything 10 be dose
In this state he peases md ms order lertect shield
10 those who obey his mmends he becomes a despot,
and longer the che magistrate u tree pc pie the
distinction, them Is between What he can order to
be done Ia a loyal state and ore which Is
rebellous and claims 10 have retired from our con
federacy IL he s empowered TO bring at,cr
its allegiance, and to force submit to the federal
aud the laws enacted in pursuance Of IT, s
he empowered to obtorate and for the time being TO
wipe out all constitutional guarantees favor OF the
former2 II to tie the law, " IL not, that the will
ot tno pros dent Is not suprerne IN oval state To a
certain extent the FEDERAL government IKE individual,
protected by state laws and w return 20 respect
and obey them These suggestions would appear 20 be
fairly deducbe from the eah VI principles essb shed
by the supreme Court the United ates 10 Ltte VS..
Bsrremc u Crsnoe, lTol. and luttcr vs. Iafden ~
Howard L. = Rp H. hey certanly shncto the doctrine
that governments ike ndv must not Only enforce,
but obey, the laws Tho provision uf the act o.
Congress relied urou by the de'encs has como under
review by the supreme Court OF the state Of Indiana In
Grfen Va Wilcox l21 indiana R.. $40 which court pro
nounced against It's cousttutionaty IN reference to the
rights o Its citizens secured and exercised under It's
laws. The u Black United States r. $780,
do not eonict " the groupos taken for the pros,cu
ton in this case. The positiop OF this state, my view,
IL this; internally are enjoying civil government,
a. though no other state had rcpudcd it's acgauce 70
the Union externally, We participating IN an effort
10 subdue mber OF refractory states In reference to
the point OF intent, which zealousy discussed BY
tue defendants' acts were unlawful. and they were
sane when they committed them, they are pre-
sumed to have intended the necessary consequences
Of those acts. Every intelligent moral agent rs
flowing from his conduct Intention, which said 10 be
the soul OF crime, made out but by and
from external conduct And, " should prove 10 this
case that the defendants have legal justification TOR
their acts tho same presumpt on will reach them which
would attach to any other vio alton Of the Law.
The complaints will therefore pass to the Grand
Jury, IN the usual wsy for e action.
The deiendants need not enter into anv written recoe
the jurisdiction Of the laws OF this State, and with the
consent OF the District Attorney been enlarged on their
verbal recoenzauce Il reasonable TO suppose hat tho,
same will be ample security for their future appeara ce
their learned counsel expressly ratified the same.
The Weather ne Mount Washington.
SUMMIT Houss, MOUNT WASHINGTON, N. HI
August 8--10A N.
Tho weather hsre continues beautiful. The thermoms