New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-11

interest manifested in the proceedings
s,stnS the facts of be case already published up 70
the period of the arrest OF Gen. DIX and DIS sn1oIo
mates by direction Of Gov. Seymour, as criminal Vio
ths r;tv ~ NswYerk He read the order ofthe Presi
dent issued 10 Gen Dix which he understood was TO
form part Of the papers before the Court
our admission 10 be that the facts existed as repre-
ented hut not that this shond form part OF the
until his Honor adjudcates that the orders ana inc maj
tiers embraced in them constitute defense:
The Cont decided that the motion should be argned
IN ,ho nansrs 40 presented, and that they should be
submitted and he found them TO have any oear,hs
on the case he would exercise his discretion In the
matter. ..,.o, III, no.,,or ha
fore the CoaIt and awaiting its adjudication, was SUP
divided nnder three heads viz; Whether Gen DIX ana
,bs snbordinates acting under him did commit the
crime OF kdnappiny the person OF VIM II. Haiiock, as
Is alleged by the prosecutions ~nelner ne ana ,ney a
ncite 10 a riot in the County oil New-fork on the i3tn
a. ~ hst Nav, and whether these defendants are
legally guilty as charged of forcible entry upon the
premises and OBTAINING the property OF W m. a. nal
~ q 20 and Mr. Manton Marble * Co. In this con.
n,op no wond here state that counsel would accept
The decision of the Court these points and he would
also say on behalf of the defendants and Gen. Dr. that
ha and they would bow 10 the majesty OF the law wien
its decision was officially pronounced.
III Gen Dix had really violated the law OF TINS state
there would DO eynced no disposition on his part 70
avoid The consequences Of the act and there woud be
M dspoeton on the part Of his counsel TO shield him
from the operation Of the law. What they (couneeD
wished the Court to DO was. 10 say officially whether
he has been guilty of kidnapping and melting 10 rot OF
not The Governor, deemng, doubt II was his duty
30 10 had he hGd before stated caused the matter
10 be set before the Grand Jury. VINO after ALL cons
tuted the power TO decide In the first instance as TO
probale guilt and they, Ike loyal men, deemng II must
be inferred that those evidences did not appear had re-
fused neglected TO find any Indictment against the
parties accused 10 became, on this adjudication
be duty and province Of his Honor the Judge 70 say
whether upon fair consideration Of all the facts in the
case and sitting there to act boldly and fearessy there
was cause to determine the oenses alleged as having
teen committed by these defendants and ne le coun
seD would here remark that If ever be should be so I'M
fortunate 20 be afragned for crime of which lie was
not guilty the greatest thing ke would ask would be TO
be brought for trial before honest bold and fear
less Judge not otherwise could he be assured OF
securing full and complete yindication from the
ofense with the commission OF which be might be I'M
Justly and illegally charged. He knew that it had been
attempted TO make this case appear as similar IN us ex
ercse OF power outside Of the actual letter Of law to the
Arguees case; but in his opinion this was no parallel
10 the ArgueIles case That was the delivering mp
without color Of law, Of resident merely on the requ
sion Of the Spanish Minister; and, as all knew who
had heard him express himself regarding H. be believed
in the Judgment Of the Court in that But in tho
present matter the facts far different War existed
In this country-cyil Warend the absolute law govern
ing community In state owor was far different rom
that which prevailed IN times Of perfect peace In his
opinion the war here was not confined merely 10 the
place spot where the armies are encamped but IN
IT. effects touches In remote or proImate degree me
entire States Of the nation IL affected more or less the
entire community. IL would be preposterous, for in
stance tO say that existed al Harpers Ferry and
not at all in Chambersburg; that 1t was raging on the
soil Of Virginia but Ia no wise affected Pennsylvania
The state and condition Of the whole country that
Of war and an sections were 10 greater or lesser
degree affected by the laws OF war: Then, again,
this was not O foreign but q civil war. IL the
States composing the nation werD absolute individual
sOyeTegnties. Ike the separate nations OF Europe
then be would c0ncedc that war might be sad 10
exist only in those States where the tostile forces
were arrayed. and the carnage rife. His learned
friend the Attorney General, had said on previous
occasion that the laws Of would not apply 10 these
loyal Northern States; that they at perfect peace.
Was that sof We're we at peacei What meant, then.
these weeds Of that darkened nearly every third
house in community Was IL pestilence or famine
that had sent three hundred thousand Of fathers,
and brothers 10 untimey grayes we at per
feet peace le his friend the Attorney General 60 forth
and proclaim the Joyful udings 10 the Thousands Of am
ious and bereavod hearts that we're ameniing Ihe sof
rows they suffering. and by them supposed 10 b.
incident 10 state Of war. IL then, We were IN aftate
Of war the power directing and controlling TIE state
Of affairs incident to must reside Somewhere WHERE
opned the answer would BE- plain aad readily given.
Al war powers reside in the Federal Government
State Governments have no war powerr-his all
would concede. Then this power can only be e1-
ercised by the Federal Government and FOR such
exercise the Executive Of that Government the Federal
head, must be held primarily responsible tho
President Of the United States ordered that owpg to
certain state OF affairs certain contingencies that may
arise, and are incident 20 state Of war private arm
ory be destroyed or ordered the destruction Of any
other property likely to fall into the hands Of the enemy
could the General the subordinate who executed
the order be held for melting 10 riot Could such sab
ordinate be arrested for orcbe entry upon deianer
Of property Coneedng that this power then, resides
in the Federal Government IL must be particularly oca
ted in the President, or somewhere, or In somebody
else. Where else VIC would aski He wished his
friend the Attorney General 20 answer But then. II
may DO asked. had rights during . state Of
Had the people redress for any enorntes for any
excess OF power used, any wrong committed by the
President during time OF war; he would answer.
Yes. The people had rights. and had modes Of re.
dress for these. These rights were plainly marked
out II The President abused this power iof desPote
even assassinated. 81 they would have II 80. and II
became necessary; but let them not proclaim the
total non existence Of any power paramount enough 10
save the nation, let them noe by this means lend
Counsel then read from 9TH Howard Z. s. Reports, ~,
decision Of the United States Supreme Court made in
renoe 30 the DoYr Rebellion In Rhode Island re-
digg the existence Of this war.power during state
war.) in that decision, ChiefJ ustice fancy said;
=. had been observed that Citing any officer Of Gov.
eminent with that power was very Dangerous. and
Justice, "a power may be abused; aud as hi, power
must reside somewhere. II would be difficult q point
out for II more safe dePositary than the President Of
1t would be of little uso but the action OK the regular
courts would be too slow 10 make available Coun
sci also quoted frsm decision OF New'York Supreme
mtiaman. during the War OF 1912. had been arrested
and punished as deserter Subsequently, he sued the
commander who punished him for false imprisonment;
but the Court held that the President was made the
Judge OF the necessity for calling OUT the militia and
having ordered, the properly punished for
disobedience and that the commander having acted
under his orders the complainant DECLARED from
redress the President having been made by the Cons
tuition gsoad hoe Judge.
When, therefore Gen. Dix received TIE order Of the
President In the case under consideration he had no
option but 10 obey any officer would obey the
date Of Court and he did obey ~ soldier and gen.
teman. which all knew he was. Counsel said be could
put the matter in stronger light than the Chief JUS
ce OF the United States and the Chief Justice VI the