Brownlow's weekly Whig. [volume] (Knoxville, Tenn.) 1861-1861, 1861-10-26


that asthine IN the world IL more calculated
TO advance the reputs Of the coaasfys thau TO
be keen In searching out the property of ene-
mics aud proceeding against them when they
have no opportunity OF being heard, and 20
impoverish them by taking away the earnings
of their industry and applying IL TO other
uses, Grant that Il 10 desirable, u IL 10 be
attaiued by unlawful meansf Let the COZ
ascation Law proceed with fall vigoF, ztwby
call upon me 10 give al opinion concerning
conRscated property, any more than sny crime
that - know Of.
II would be the most ihtolerable hardship
for one--for q eitiEen--at every quarter ses-
sion TO be Obliged TO tell all be knows or
suspects against his Reighhor. II IL pretended
that this 10 an innocent proceeding. Hos
can IL be inuocens which calls apoa one 10
commit q breach % trHstf To break faith
with friend is not only disrepatable In =
trustee, but base. How can that be eonsid-
cred innocent which compels man TO do
what will make him despised by all honorable
meu2 But II the case Of trustee calls for
relief, heW much more the case Of at attor-
ney or person charged With professional
confidence
The law protects every man In keeping Sc
lent when the question Is asked that involves
professional confidence. There can be no
greater oppression than TO compel a person
- violate moral or legal duty. Something
should be said about the objects OF this, for
there Is very common error In sapposing
that il applies to the estates Of native citizens
who are living abroad IN n enemys country.
The term alien enemy is the only one used
In the Act. Il Is definite technical con-
stractiuu. An alien enemy must be bora out
of the legiance Of the sovereign. There can
be no dispute about it. He Is not an alien IL
he was born within the domains OF the SOW
ereign. A sovereign has right to require
his return. He may call on him to come
home. What IL Is in the sOvereigns power
to do and what he may lawfully do with his
subject when he refuses to return, is another
matter. But until be has been called on by
his sovereign to return, man commits no
breach Of duty living 10 an enemy's country,
according to Law. II is impossible that the
makers Of the law should not have been
aware Of this, and they seem 10 have pur-
posely left this open for the interPosition OF
humanity.
Mr. Petigru denied that there Was any pre-.
cedent for this law, and freemen could not be
compelled 10 aid this eonhscatiug law by in-
forming against both his friends aad enemies.
not only shook the pillar Of monarchy to its
base and abolished the Star Chamber, but
did it with the declaration that no snch thing
should be tolerat d again. Are we going, in' the
heyday of our youth, 10 set an example
which has been repudiated by every lover Of
freedom from the beginning Of time TO this
Day, Yhirb-. has never found al advocate,
of the private eitizen3
Mr.. Petigru dwelt for some time on the
hardships and injustice to compel trustee
to betray his trusts, to turn States evidence
against his bosom friends. Is il necessary
not only that the act Of cruelty should De
done, but that friend 70 the parties should
be made to take part in the saerifcial act
He admitted the common law does not
snare the trustee that he is bound to give
evidence in Court to show what property he
has in trust irit is claimed by one who claims
or asserts a better title to It, Bat this calls
upou every attorney to betray his client, and
make an exposure of that which tends to
ruin ia man who has placed entire conf
dence in his attorney. IL is an extraordinary
stretch of power in an extraordinary time,
when we are endeRvoring to make good be-
fore the world our right to its respect as an
enlightened people a people capable Of self.
government, and Of governing themselves in
a manner worthy Of the civilization and OF
the light of the age and this Act, borrowed
from the darkest period Of tyranny, ii dug
up from the very quarters Of despOtism and
and put forward as our sentiments. They
are not my sentiments, and sorry will be, II,
in this sentiment, am solitary and alone.
Mr.. Petigru coutended that no definition
had been given of the alien. Il 10 obvious
that In this respect, the law is lame and
does not, even il aided by all the terrorS Of
the iuquisitiOn, affect those who are natives.
He could not account for this except upoa
the supposition that those who drew the Law
did not wish Il to be operative farther than
as q brsaam fsIaaeR, and left loop. hole for
escRpL IL Is q wide door--A back door, but
IL is a vide entrance into the halls Of justice.
So far as he was personally concerned with
this writ, be could answer every one OF the
questions In the negative. With regard to
that which requires the violation Of profess
sional confidence he must be better Instructed
before making up bis mind 70 the order Of
confscating or not. There are cases when IL
IL dlsbonor or death, and death viii certainly
be ehosed by every man who deserves the
name.
Mr.. Miles, the District Attorney, moved
that Mr.. Petigru make return TO The Court
of Garnishment Ia which the question stated
by him should be raised. That u The frst
duty whieh deyolVed npoE his Honor sinee
he bad put on his robes and opened the hrst
term Of the Confederate Court In South Oar.
olina, was to listen to an invectise against
the Government whose commission he bore
that, at least, so much respect might BE- paid
10 the mandate Of the Court, which Issued
with the saaetioa Of his Honor's name, that
a formal return might be made 70 u, and the
points mAdt By TIE respondent which not
only the eousiitationality Of the law passed by
the Congress Of the Geafsasfats States, eHt
the very authority of that Congress Itself, and