Brownlow's weekly Whig. [volume] (Knoxville, Tenn.) 1861-1861, 1861-10-26
The Eequsstratisn Aes-Its Constita-
tionality and Policy.

The Confederate Court, for the District Of
South Carolina, met in Charleston on Monday
last. His Honor, Judge MagrAth, charged the
Jaries, after which the following proceedings
teok place; I've copy from the CoEria.)
| M. j. L. Petigru read Writ OF Garnish.
/ ment served upon him, and the interrogato-
RES attached 10 reference % alien enemies
properly.
Mr.. Pe,lgra said the objection he had 10
these Undergraduates was. thai ne human au-
thority has the right 10 pat there questions to
| hin or any one in the same, circumstances
| He might recognize the authority Of the State
Of South Carolina 10 do 80 proposed By the
| Act, because In State lksSouth Csrolinaa
safereF hAs no security g remedy against
| ahese II power, nniess fEotS saome guarantee
| 10 the Constitution OF the State. For State
| may do whatever il Is not forbidden not to do
| by the fundamental Law Of the State. But
! the Confederate States have no such claim TO
/ generality. Their authority is confined to the
| Constitution which confers Il and the powers
! delegated TO them. And, whereas, 10 the case
! Of q sovereign We masi show . guarantee
/ against the power; ia the case Of the Con-
| federaey they must show warrant for their
power.
There IL no article In the Constitution Of
/ the Confederate States which authorizes them
| to set up an inqnisiIon, or 10 proceed otber-
| wise than according 10 the laws OF the land.
! In fact, the best authority for this proceeding
| Is hadson's treatise on the Star Chamber, In
Second ColleciaBea JuTidicia. Ii will be
! fonud that the method prescribed In this
| Con6seation Act Is precisely that Of the
| Star Chamber. They call this O writ of
(, garnishment. NJ. Hudson calls it q subpoena.
| This calls upon me to disclose all the cases,
l In I'm ed .sf hRid Y an
| enemy,
Mr. Hudsou's requires the party to appear
before the Star Chamber and answer NIL qaes-
tons that shall be put to him. These are
| alike 10 being general, There is no plaintiff.
! II Is a general inquisition. So when the writ
is returned. Mr.. Attorneys writ propounds
certain questions TO be answered, aud requires
the party 10 answer every other question that
may be asked. So it was in the Star Cham
| Der. Certain interrogatories were put, and
then personal examination was had, con-
sisting sometimes Of from fifty 10 two hun
bred questions. This writ is unknown to the
common law. How does the Confederate
| States get the right to issue the writ II is
not only not known 10 the common law, bat
it is condemned by common right, and eeA-
| nected with the most OdiOus Hsurpatioa OF
power aud tyranny. IL this proceeding is
|
book Of practice. IT no such power has been
granted, bow can such thing be legal The
Confederate Government can appeal TO no
warrant for this proceeding, except the war
making power. Il will be said that the power
of making war 3 granted, agd .ha. eondsea-
| the pFiuciple is the incident. That may be
admitted. What is incident TO cases OF the
war power the grant of the war power covers
! But does the war power require the creation
OF Star Chamber to worry and harrass our
people2 These interrogstories are not for
the enemies of the country, but for friends
and citizens of the country; those who have
the right TO stand upon the Magns Charta,
upon the Constitution of the State; those who
have never done anything 10 forfeit their
right Where is the authority given! where
! In the power TO call upon the citizen in q new
and unheard of manner, TO answer questions
| upon oath for the purpose OF enforcing the
eoniiscatiou law Shall IL be said that II Is
! to furnish the means for carrying on the war
How can that be said to be, what Is absolutely
never known TO have been dode beforef Have
wars never been made heforef Was there
Any body that ever fought before General
BeaureRard2 War, unfortunately, is not
new thing. Its history ie found on every
page. Was there evera law like this endured
pfactEeed or heard off Il certainly is not
found among the people from whom we derive
the common law. No English Monarch or
Parliament has ever sanctioned or undertaken
such 4 thing. Il lie utterly inc onsistent with
the COMMON law to require an ipquisiterial
examination of the subjects Of the laws OF
war. II is no more = part Of the law OF war
than 1t is part OF the Law Of peace.
The war making power does not include
the power Of compelling innocent people TO
answer inteFrogatoriss In promotion Of con.
fscatlon, That the power . exercised tor
| q good and iaudahle purpose IL no anaHer.--
Good ends must be attaiaed by lawful means.
| All that can be said In favor Of the end and
object proposed, can be said in favor Of the
Star Chamber aad the Spanish inquisition.
Torquemada set on the latter institution
from the best motives. IL was TO save mems
souls He labored most earnestly In season
and out Of season, aud when high necessity
commanded, be burnt their bodies to save
their souls. He burnt the bodies Of the Jews
: aud PFotestanis.
We do not consider that the end jusiifes
the meana In these days. bus Tormequada
might have burnt Jews aud Protessants with
out calling upon their best friends TO inform
against them aAd making u penal not to do
so. He referred to and derived his cohstrue-
tlou IRON the Sacred Word, and Il Is not "a
! be dsnled that be vas jnstiaed In referring to
!. the Sacred Word. 30 far as he proved that
true faith il essential to salvation, and start.
. leg from these premises, be could argue with
great eject, that any means were lawful
which would tend 10 ~ end 90 good. II Il
olsen pretended that the war-power includes
the power Of ialerroRating every man IN the
community 10 aid OF coufsestion.
The var power includes as On incident es-
cry thing that 10 necessary or usual. IL eau.