The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-07-07
THE ARREST OF GENERAL DIX.

marks OF Messrs. Hall, Coo hrane, Pierre
pOnt and smith-The Argument SGT
Down for Saturday Next. Sc. 80.
Pursuant c6she agreement Of COUNSEL the preliminary
hearing In the matter OF the arrest Of Gen. John A.
md armed men, orcby entering premises Of the
World and Journal Of Commerce, was had yesterday
afternoon before Judge Russell in the OF the Gene
raj Sessions after the business Of that Court finished
Ex Judge Pierrepont and United States District Attor
ney Smith appeared on behalf Of General Dix, while
the state OF New York was represented BY Attorney
General Cochrane and the county BY District Attorney
Hall.
Judge PerYepont asked TO be Informed what was the
exact position Of the case, which Mr. Hall replied by
rsciting tho language Of the issued by Judge
Russell and reoapulating the facts which have already
been published.
Ex-Judge Perrepont then proceeded 70 say that he
was willing TO have the question brought up in any way
which might DO suggested-a question: In his Judgment
OF vast magnitude and more important than any matter
that had been brought any court 10 tho his
tory Of any nation. The question was whether geno-
raj commanding department In time Of civil war; obey
Ing the order Of the President OF the United States can
be arrested and deprived Of his liberty for obeyng that
order He did not propose to that at present. bus
only wished 70 state bis position n order make such
argument since this warrant issued continued the
speaker the President OF the United States has issued
another order 70 General Dix, which he to
upon late sss night which directs him that while this
civil war lasts he must not relieve himself from his
command or DO deprived Of his liberty for obeying
order Of military nature which the Prssid mt OF the
United states directs him TO execute. places there
fore General Dix in this posiiion that he has got either
TO violate direct order Of the President OF the United
States military general command Of this depart.
mept or he has got to violate the order process or
the courts Of civil jurisdiction In this State.
4. Oakley Hall replied that Il very clear that the
eentieman's argument must proceed upon matters be.
yond the recitas In tho warrant, which kdnap.
The counsel desired 70 raise the point this
tresrass because done BY lawful authority and to
order under which Gen Dix acted II he could satisfy the
Court thai General Dix acted under lawful authority then
the prosecution would break down. Mr.. Hall further re-
marked that the State did desire be technical
urteous or 70 spring any trap but was desrous OF
extending TO the general government that treatment
which had been Ter some years past certainly since
the administration Of Governor ssy our desrous Of OBJ
tanning from the general government-full rights.
one Of the most momentous questions that had
ever been brought before a court OF justice, aud
thought that the whole matter ought to be gone nto
50 far as the county concerned the matter had been
gone into as Tar as was to establish that prob
Bile cause SPOKEN OF in the Revised ststutes. IL was
grave question whether In time Of profound peace
far as the state OF New York ooncerned-whie its
civil functions were unmpaired while IL has Chief
Magistrate under the constitution, while It's courts OF
tice we're open, while sound OF hostile cannon
heard on cur frontier and while the state furnished
whether that State can be undeninedy treated In the
manner IN bch Il had been by the officers Of the gene
fa, government.
M T. pea9eld Smith, in addressing tho Court In be-
halt OF the government said thai the attitude assumed
In this matter assumed under deep Of duty
70 the whole country, r no personal or private purpose
but for the great purpose Of fulfilling i obligations to
the constitution ana the government, whose exs.spce
was threatened. He oontended thai the State OF New
York was not at peace, but part OF great nation
which was racked and almost overthrow by . conflict
unprece ented in history and threatening the very ex
Smith suggested that there would be no difference Of
opinion between them tho facts that they BE- entered
on the record and the argument with on Satur
day
portrayns In glowing terms the magnitude Of tho ques
ons involved in the matter under dscrsson but as the
remarks OF all these gentlemen OF desuory char
ac,er viii be Unnecessary 70 give lengthy OF
them until the question brought before the Court
argument. The Attorney General cntended, the part
Of the Stats that iu respect 10 question that
raised VI WAS which could be decided as simply and
composedy in all it's magnificent proportions though
were simple petty larceny OF pinhead He denied
uuon which assumption the proposition was advanced
that military officer, directed by the Comman.
dcr-in. Chief Of The armies and navies OF the United
States, has proceeded TO the exercise Of his power
within be limits Of his military jurisdiction but in %.
Of rights that guarded and secured by the
peace. He admitted the delicate position In which Gen.
Dix placed aud called TO mind the time wnen ueay
twenty years ago, under his leadership, he Qscn.
With sapguiue asp aous the ban.
which he pore wb ch Inscribed tho words
Free Speech, Free soil, Free hen." Cen cocbraps
tree speech. which row sought to be tramned
by The general government 10 conclusion he sad he
prescott under the reauison Of the supreme mag,e-
Of the state attend 10 the interests Of tne
aud perfectly willing admit Gil the acs applicable
70 the argument which the counsel on the other side
would present
Judge ferrspopt replied charac,erzing General coch
rane's rem ,rKs ~ pocsl speech.
Judgc Rus ei suggssted that the proper would
be tn furnish copies OF the order under which GENERAL
Dix acted.
District Attorney Han drew up paper 20 the effect
that the of the defendant General nx and bis sub
srdnate dune undcr the direction OF the
President of the United states which the counsel tor the
defendants assented to- Mr.. Hall requested the counsel
sign paper, the substance OF which that the de
PENDANTS having been duly arrested by the Snern they
Win produce their clients whenever instructed by tho
Court.
Judge Pesrepcns, having vision of Fort lafayette be-
fore hrs eyes, declined 70 sign the IA ier.
nr Hall said tnst District Attorney OF Tho county
WAS necessary that he should observe the ulsr prsc
sce for officially he knew difference between Genera,
DIX and vaarant.
Judge Ruseei said that II matter within the dis
erection of the Court; General Uxs parole sufficient
The argument was down for next Saturday st two
o'clock.
The Nevada Coavsnston.
CAssox, New ada, July o. 1854