The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1862-09-19
What Ought to be Done with the
Tories of East Tennesseo-Seques-
tration.--Major Henry's Bill.
(From the Knoxville Register

Sequestration Act to the citizens refusing
allegiance to the Confederate Govern.
ment. We do not know what the pro.
visions of the Bill are, but presume that
they are, in the main, dcclaratory Of the
already we'll settled law upon that sub.
.ject.
II is a fundamental principle as lai,l
down in the decisions of the Courts, both
in England and the United States, that
in all revolutions the right OF election
exists to the citizen as to the government
to which he will adhere, and having thus
chosen his allegiance he is bound by it,
and must abide all the consequences OF
his choice.
The principle has been acted on in all
European revolutions, and has been
strictly adhered to in the settlementspf
questions of citizenship and aliehageI
growing out of our revolution in fSJS11ll
The subject has been before the S6fre,nd,
Court Of the United States on more thar
one occasion, and the following princir
| PASS A"'N cSSAi oihOuhCCo tlS WIG INV OF
the land by that learned tribunal:
Persons born in the Colonies before
the Declaration of Independence, had b
right to elect whether they would retain
their native allegiance to the British
Crown or would become citizens of the
several States" &c
"Prima 1acie, if born here before July
! 4 1919 o,,1 l. r.. ii
day, the person is to be deemed an
American citizen; but ibis presumption must
be reJutted against acts Showing adhesion TO
tie British crO,cn during tic struggle"
Applying these principles to the exist
ing state Of things in the Confederate
States the subject is one of easy solution,
the only question of difficulty being as to
the fact of'election, and the acts of the
party necessary to show his determine
ton to which he will adhere. 1t is clear
that all citizens of Tennessee since the
Sth of June, 1861, have the right to elect
whether they will retain their native al
legiance to the United States or become
citizens of the Confederate States--and
further, that their remaining here after
that day, is presumptive evidence that
they are to be deemed citizens of the
Confederate States but it is by no means
conclusive. because This ,,rGsa,.ahA.,. ,,,na, h.
rcbutted Cy acts Shosoing an adhesion 10 III.
Government QfMe United States whilst The re.
collation. is ia progress. Each cause must be
decided upon its own circumstances, ac-
cording to the voluntary acts and con-
duct of the party. This being the law
as adjudicated by the Supreme Court of
the United States, (see 8 Peters Rep,
p. 99,) reviewing and following current
of English and American authorities up
on the same subject-it is clear that the
property of very large number of the so
called Union men of East Tennessee will
be liable to confscation under the Sc
questration laws of the Confederate States.
No question can arise in regard to
those who. have fled from their homes and
joined the Lincoln arms, or have volun-
tarily removed, OF in any manner taken
protection under the Government of the
United States. Such persons are unde.
niably alien enemies, and are subject to
the forfeitures of the confiscation act.
| They have likewise, by their acts, utterly
DISTINGUISHED themselves, and being ali.
ems, are no longer entitled to vote in
elections, nor to hold any office of hon.
or or profit under the Government of the
Confederate States. Should they desire
to become citizens of this Government
they must, as in case of persons born in
foreign countries, pass through a regular
process of naturalization. They cannot
simply by returning home and taking the
oath of allegiance and receiving milltar,
protection, thus clothe themselves witt
all the rights of citizenship. No order o.
proclamation of military commando
can change the well settled principles o
law on this subject. Personal protection
may be granted, but rights of propert,
and questions of alienage cannot be set
tied in this way. Those renegades hav
ing made their election to adhere to tn,
old Government, must abide all the con
sequences of their choice-they are alien
must be regarded as enemies, and hav
forfeited all rights to suffrage, to ofiie
and to property. And SO it is with yer,
large number of the Union men of Eas
Tennessee, although they have kept thei
domcil in the State and resided her
since the act of Separation took place.
The only question of difficulty in thei
case is one of fact. Have their conduc
and voluntry acts been such as to show
determination on their part to retail
their allegiance to the United States, an
repudiate the act Of the State in separf
ting from that Government? Is thi
question answered in the affirmative, then
in all such cases, they are alien enemie.
notwithstanding their residence has bee
. continued here, and the courts woul
! necessarily decide that as such, thei
property must be confscated and the
themselves deprived of the privilege
a voting and holding Office under the Go,
o eminent of the Confederate States
What act of the person would be necess,
!, ry to demonstrate his election woul
}. be subject to be decided by jury w
Q on a case made out in court. Tie n;
n ture and character OF the conduct of th
,>artv .youll Of course vary in every On q,