New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-08
ARREST OF GEN. DIX.
Importart Proceedings.

CITY JUDGES OEfiCE-Beicre Juds RUSSELL
This case, which was adjourned from the
morning suit tho convenience Of counsel came be.
fore the Cont at o'clock suant to agreement The
State Of New.YOrk represented by Attorney-Gen-
erel John Cochfene and District Attorney n. Oakley
Hall Tho defcndants John A. Dix Wilson Barst0w.
Gen. Bowers VIM. II. Curdy and Gabriel ruthn, were
defended by ExrJndge PieIropont and United states
District-A ttornoy T.. ID. Smith.
Judge picrrepOnt said that inasmuoh as he was fresh
IN the case. he would like TO know the nature Of the
case.
Dix and HAYS with others, with kidnapping and ineit
ng riot and directed their arrest for such oteEses
against the etatute In this complaint had been
made witnesses heard warrant issued and the parties
were now In court. The further proceedings In the
case would have to be initiated At this stage BY the
other side.
Judge Pie1repont said tina; he desired TO bring ap
certain questions demurrer or in such form as might
be suggested.
Importance the nation. The question tnypYed was
whether q General In command OF department N
times OF civil war could be arrested and deprived OF his
liberty for 0beying the orders Of the President Of TIE
United States This question was one that affected The
entire peace Of the community Gen. Dix had obeyed
definite and specific order nom ne rfe.aent o. .as
the matter before the Grand jury who declined TO 60
into an Investigation .
Counsel then cited TIE subsequent proceedings OF
Gov Seymour and in this mode the warrant came 10
be issued.
The question they desired 70 raise was. whether in
times q civil general Cond Oc .Nresttu ~
civil magistrate for carrying cut the orders ofthe Chief
Executive. He did not wish 10 argue the case, but
merely TO submit the question.
Last night Gen Dix had received orders from tie
President not 10 allow himself 20 be deprived OF his
liberty 10 submit 20 any process for carrying out
the orders of the Executive. - :.
carry out the orders OF the President refuse TO rccog
MIC the process OF the civil magistrate Thus TIE main
issue war presented and IL their duty 10 see where
the law was the right Of pilitary and civil power
District Attorney Hull said before the gentleman
could 90 on no must submit legal evidence: Produce
the Presidents ORDER then they might object TO u as
unconstitutional that the order could not Justify the
| arrest.
had right to male the entry cOmpiAlnedi then the
prosecution must fsl. :,
The State Intended 10 10 magnAnImons; II courted
Investigation and would not spring any traps upon the
General Government II did not intend to be teehni
cal II would no. shut mp opponents In forts but
colrt a full ard fair investigation.
1t was mOmentous question, that Whch state had
performed her duty nobly as New. YORK had DONE II
eoud and ought TO be treated with dignity. and its
State laws carried out without its legal rights being In
fringed. ,,,,,
that the attitude which the General Government as
sumed was one regarded one OF the necessary obi
cations due TO the Constitution.
They did not REGARD this State as entirely at peace II
was Of great hation torn to pieces and raeked
with great rebellion
The Question was whether the Government should be
shorn OF its power 10 suppress the Rebellion by the
arrest OF the agents who were Carrying out t' De-
hestsf -,
could come in the form OF an examination, and very
little time need be spent an maSiag them matter u
record and then the only thing TO be done vas TO name
day which the argument on tho great legal ques'
Attorney General Cochrane said he wished to define
the position that tho state Of New. took on this
question The greatest OF eli political principles was
iryolyodthat Of personal liberty. He repadated tie
position ial war peace could have augh 70 do with
lie application OF The simple principle of WHEELER Amer
-. 10 h,
| rights and property.
against tie Government, which and should be put
down; bat there was something more important than
patirg down the RcbeliOn-the preservation OF their
own liberties. Besides there was NO rebellion in the
State OF NewYork though there against the Cen
tral Government Of which Il forms part.
The proposition was perfectly simple that not being
under martial law. military officer had right 10 de-
priye any citizen OF his personal liberty without due
process Of law II they O; any time 10 be robbed
OF this they might well recall their from
the front Cor of what sse wa the suhIugation Of
the Rebels at the South when 10 the mean time n,
would have Lest their liberties here
There wss no dispute aboM the flots; Il the sim
pie question Of whether fhe military arm might over
! ride the rights Of the citizens.
Judge P.erreponi said the was By no means 50
simple as the learned gentleman on tie other side had
argued. The fact was such case had never arisen be-
fore The Nation had never been IN civil before,
and the ques,ionthsi now arose whether civil war
he's Ws Of its own, and which affected their civil laws
His learned friend said there civil war In the
/
war In Virginia fac as civil war IN France
would be in relation TO Engandi lie iBstaneed case
duYine the invasion Of Pennsylvania last year whore
large amount Of goods -four and grain were destroyed
by the General actag there 70 keep them from falling
into the hands Of the Rebels yet the enemy had never
reached the town end had never been there.
Act would they as that the General that burnt II
OUGHT 10 be arrested crriE for having burnt thai
under tho order Of the President. Mr. Cochrsne Oh
Nnif " ell WHY n0tf Oh, they hsd been menaced.
Well suppose they had been stopped before crossing
The border rut the question t show that there ere
laws connected with civil that have not much
considered Ia times OF peace.
/ Even now the-e j. Rebel army advancing toward
rel usyFsnia ard now cannot the order OF tie fFes
dent be obeysd for the protection Of the national
existence and liberties without the General ooeyin
them subiecting himself % Imprisonment as criminal
ast Julv there Insgrrccon IN this state pos
sihly suca thing migh, happen ayaIn Ny rlend vi
feHcmtgr that rising for lie aad calDe together e
this city and found trade nad Industry N it stopped
Sapp0ss thst wcrg 20 occur gggtn OF sor1e tna has
e. sud tire General IN eoumaud " thls department
we're arrested sni being held teha M san that b.
could not give were pat II prison. end riot suh-e
would nv learned friend sayf Would he say that IN
order ei the President directing bin Tint u would no
do for hin for hour leave his post where re hsi
been placed preserve the liberties OF this state wa
lot 70 BE- obeycd
ather he would saw be must do rs Gen. sckson d.
~ New ORLEANS Wien TIE Judge IN Newrefrs ISSUES
lis warrant osans tie General h. uirclei b. NE
sOiers tie enuitsnd grcsted tue Judge end IN
ward the var beinr Ser be went fnto TEE court er
paid TIC lac impo.gd eud The notion took TIE matte