FREEDOM OF THE PRESS. 



391 



was referred to the Grand Jury of the city 

 and county, by the charge of the Judge of 

 the court. This body reported that it was 

 "inexpedient to examine into the subject.'' 

 The Governor then further instructed the At- 

 torney as follows : 



EXECUTIVE CHAMBER, ALBAXY. June ". 

 A. OAKET HALL, Esq., Dist. Atfy of the City and 

 County of J\V > York : 



SIK : In the matter of the seizure of the offices of 

 the World and Journal of Commerce, the Grand Jury, 

 in disregard of their oaths "to diligently inquire into 

 and true presentment make of all such matters and 

 things as should be given them in charge," hare re- 

 fused to make such inquiries, and declare that "it is 

 inexpedient to examine into the subject referred to 

 in the charge of the court," with respect to such 

 seizures. It becomes my duty under the express re- 

 quirements of the Constitution " to take care that 

 the laws of the State are faithfully executed." If the 

 Grand Jury, in pursuance of the demands of the law 

 and the obligations of their oaths, had inquired into 

 the matter given them in charge by the court and the 

 Public Prosecutor, their decision," whatever it might 

 have been, would have been entitled to respect. "As 

 they have refused to do their duty, the subject of the 

 seizure of these journals should at once be brought 

 before some proper magistrate. If you wish any as- 

 sistance in the prosecution of these' investigations it 

 will be given to you. 



As it is a matter of public interest that violations 

 of the laws of the State be punished, the views or 

 wishes of the parties immediately affected must not 

 be suffered to influence the action of public officers. 

 If through fear or other motives, they are unwilling 

 to aid vou in getting at facts, it will be your duty to 

 compel their attendance as witnesses in behalf of 'the 

 people. Kespectfullv, vours, 



'HORATIO SEYMOUR. 



On the 28th of June the District Attorney 

 made an affidavit before A. D. Russell, a Judge 

 of the City and County, by whom subpoenas for 

 witnesses were issued. Upon hearing the testi- 

 many of the witnesses warrants were issued 

 for the arrest of Maj.-Gen. John A. Dix, Capt. 

 Barstow, Maj. Bowles, Capt. Cundy, and 

 Lieut. Tuthill, and placed it in the hands of 

 the sheriff. 



The parties voluntarily appeared by their 

 counsel on July 6th. and the argument on the 

 case was set down for the 9th, and the parties 

 were relieved from custody on the parole of 

 Gen. Dix. Ex-Judge Pierrepont, who appeared 

 for the defence, ?;.id : " Since this warrant was 

 issued, the President of the United States has 

 issued another order to Gen. Dix, which he 

 came to see me upon late last night, which 

 directs him that while this civil war lasts he 

 must not relieve himself from his command or 

 be deprived of his liberty for obeying any order 

 of a military nature which the President of 

 the United States directs him to execute." On 

 the next day instructions were sent by Gov. 

 Seymour to the district-attorney to enforce the 

 laws of the State, irrespective of the alleged 

 orders of the President to Gen. Dix to resist 

 the process of the court. 



On July 9th the argument was made before 

 City-Judge A. D. Russell. The case was opened 

 by ex-Judge Pierrepont who made a statement 

 of the facts, and read the order of the President 



to Gen. Dix, directing the arrest of the editors 

 of the World and Journal of Commerce, and 

 the closing of their respective offices. 



There was no question that Gen. Dix had 

 performed his duty with delicacy and courtesy, 

 and released the persons and premises as soon as 

 notified of their innocence. Mr. Hall objected 

 to the reception of the orders of the President 

 as a defence on the part of Gen. Dix. They 

 admitted such orders to be in existence, but 

 claimed that they could not be used as a part of 

 the case. 



Mr. Evarts said that all they wanted was the 

 fact to appear that these orders were the basis 

 on which Gen. Dix acted. 



The Judge remarked that he would note the 

 objections, and pass upon their force at the con- 

 clusion of the ease. 



Ex-Judge Pierrepont said that if, after hearing all 

 the facts in the case, his Honor came to the conclu- 

 sion that an offence had been committed against the 

 laws of the State, Gen. Dix would bow to the suprem- 

 acy of the law. If, at his age, so loyal a man as Gen. 

 Dix had been guilty of kidnapping" and inciting to a 

 riot, then it was time he was punished. When the 

 grand jury had declined to indict, then the majesty 

 of the law ought to have been satisfied. With respect 

 to what the attorney-general had said respecting that 

 these Northern States were in no state of war, he 

 must differ. We were no separate sovereignties, but 

 all part of a great nation, in whose midst it would be 

 confessed there was no foreign war, but a great and 

 vast civil war. Though there was no martial law in 

 Pennsylvania, yet when the rebels were in Chambers- 

 burg would it be deemed that the State of Pennsyl- 

 vania was in a state of war'? "No state of war "in 

 the Northern States ! " What meant then the trap- 

 pings of woe on every third house in this great city ? 

 What meant then the sable weeds which clothed the 

 forms of those who thronged Broadway '! Did famine 

 cause this woe 1 Did pestilence form this grief? No 

 state of war ! Let the learned attorney -general carry 

 the glad tidings that New York was in a state o'f 

 peace to one thousand of bereaved families. In 

 whom did the great war-power exist if not in the 

 President of the United States? "Ah," cried bis 

 learned friend, "but he is a dictator." That was a 

 fanciful cry. If he usurped his power impeach him, 

 remove him, assassinate him ; but do not trammel 

 this Government in their efforts to overcome this 

 great, mighty, and stupendous rebellion. He had 

 nothing to say about the action of the President all 

 he had to do was with Gen. Dix. All the court had 

 to do was to determine whether Gen. Dix, in obeying 

 the orders of the Chief Executive like a soldier' and 

 a patriot, had kidnapped his fellow man and incited a 

 riot in this city. In a case growing out of the Dorr 

 rebellion, the doctrine had been clearly laid down 

 that the President had the war-power, and might use 

 all his authority under that power. 



After some further observations, Mr. District- Attor- 

 ney Hall said he was glad to agree with his learned 

 friend that they were before a fearless Judge. His 

 Honor was not sitting there to find out whether the 

 accused was guilty or not, but simply to find out 

 whether probable cause existed to befleve Gen. Dix 

 had committed an offence against the State. 



Mr. Hall, after referring to the facts in the case, 

 and insisting they established 1. Inciting to a riot; 

 2. Forcible entry and detainer; 3. False imprison- 

 ment, proceeded to argue that the orders of President 

 Lincoln were inadmissible in evidence. He read the 

 section : 



SEC. 4, March 8. 1SG3. chap. 81, laws of thirtv-seventh 

 Congress. ' And be it. jcc., that any order of the President, 

 or under his authority, made at any time during the ex ; si- 



