New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-13

4
sona or real, Of another, is miSdomcanor, for
which the offending party may be indicted, and
if convicted, fined. or perhaps punished by con-
finement for short period in the county jail.
This, we believe. is all that i, claimed by Gov.
Seymour in the premises. This is the front and
full extent Of Gen. Dix's offending
As to the civil feature Of this ofenSe-the ac-
tons of the suffering parties Tor rcdrcss-we re-
rret TO learn that no actions have been COM
menced; for, if they have suffered pacuniary
loss through the illegal net Of Gen. Dix. they
are entitled to compensation or indemnity.
lie is abundantly able to give the indemnity to
the fullest extent and ought TO do so, so soon
as il shall be legally determined that they are
entitled TO it.
Besides. should Gen. Dix be indicted, tried,
and convicted Tor misdemeanor in the prem
ises. The fine, or punishment, which the Court
would impose upon him, would be greatly miti-
gated by the fact that q civil snit had been
commenced against him, and that he-boins
entirely rcsponsible-wouid. in all probability,
be compelled to make ample restitution to tie
injured party, or, if The fact he so, on sns-
geslion to the Court that tho party had been
prosecuted to Judgment in a civil action, and
had paid the Judgment Indeed, so far do such
considerations influence Cont in the inilict!on
Of punishments in such cases, that Courts rarely
impose moro than nominal damages--ccrtainly
never exemplary damages-uniosS il be o case
Of peculiar aggfava.ion, whore the offending
party las acted with great malice or with a
wanton intent to inGct great and needless
injury.
Il viii be observed that this prcctice of the
Court, of innicting only nominal pnnishments
in such cases, il q rebuko to the injured party
in thus invoking the criminal jurisdiction OF the
Court. II in effect says: "You are indemDi-
fed, and ought 10 be satisfied. Putting the
county to the useless expense of criminal
prosecution savOrs Of malice on your part
Such would probably be The law and practice,
in case the ofcnse charged upon Gen. DIX had
been committed by any other citizen against any
otter parties. But il i claimed, on thc part oi
some of the friends OF Gen. Dix, that, being an
officer Of the Federal Government, and acting
strictly under the orders OF tho Government. Of
which he is subject md on officer he ought
90 enjoy an immunity against any punishment,
on even trial, for The O0ense charged against
him.
Gov. Seymour is, however, Of different
opinion. High as are his own official functions,
difficult and even dangerous as may be the path
which the leaders Of his party may yet call
upon him to trcad--he Ten0unces oil Official I'M
munity. "If an officer Of state" h. seem, TO
say, commits an oifense against the laws OF
his country, no matter how light and trivial, on
how beinous aud destructive, Let him stand
forth like a man, aud take tho penalty Let no
official robe, no exalted position, or political
Importance or power, shelter him. Let him be
treated for his oIense as other citizens me
treated Let him escape nothing TO which the
poorest IN The community might be exposed 10
suffer"
We confess We are disposed to side with Gov.
Seymour IN this general position. (Rcscrying,
however, the question Of the right Of the
President TO order Che act 70 be done, and The
duty Of Gen. Dix to obey that ordcr,) For The
present, at least let us adopt it 10 the fullest ex-
! tent. And now, having accorded 10 his Excel.
/ lency all that he could well a-k-ali ne would
probably demand-he will, perhaps, allow Us to
/ put to him few simplequestiOns, which secin to
be suggested ifnot actually forced uponus by the
subiett we have been considering. Let Us ash,
! Why does not your Excellency ac' upon the
whol some principles you have lad downl Why
do you not permit Gen. Dix to be treated for his
oficnse rs other citizens are treated :
You have been Governor Of This State nearly two
wears; did you ever before call upon the prose
cutting officer Of a county to prosecute INSIDE
meanor1 There haze been very many INSIDE
meanors committed during that period, but You
never interlered bCiorc--no, not IN ease Of any
crime, even the highest. None Of your prede-
cossors, from The earliest colonial day. TO ihe
present hour, eyer soinleriorcd Nib misdrmcnn-
ors, or crimes. You dare not sSnd mp ia the
presence OF gentlemen, and Soy that, had tlH,
oflense been committed by anyperyon other than
the High official actually involved You would
have thus ntericrcd. You know that such an
assertion would call forth scoDfdl laugh from
every intclligcntn man. Have youony precedent
for the interference Of n Governor 70 arrest, or
imprison, or otherwise prosecute, political adj
yersary? Have YOU any precedent for the in
reference of Governor 10 right the wrongs Of
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