The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1862-12-19
court---Alien Enemies.

Confederate Court---Alien Enemies.
The Editor was absent during the past
waaL in attendance upon the Confederate
Court at Knoxville. and was present at
much Of the proceedings. The charge OF
his Honor, Judge HUMPHREYS, to the
grand ;ury,. was able, clear. and to the
point The introduction to the charge
was q brief summary of the causes which
led to the present revolution, and an out
line narrative OF the prominent events
which. have characterized its inception
and its progress. 1t would have been well
had the so called Unionists of East Ten
nessee been present to have heard it
They would have been taught clearly and
,inm;stakablv their duties as citizens of
the Young Republic, and the political
status which they now occupy would have
been defined and brought home to them
far more distinctly than they have ever
before known it themselves-particularly
upon the subject of citizens and alien
enemies. 1t is known to our readers that
the Congress have passed laws coniscat-
ING the property of alien enemies to reim
burse those citizens of the Confederate
Stateswho have sustained loss by the con-
fscation laws and military acts of the
| United States Government-and the great
question was, who are alien enemies to the
Confederate .Sfatess This subject was han
died with great ability by the Judge, and
| hsxr,J e2nce to authorities was full and
I co.'s Re. Alien enemies are of two
cfasses. First, those who reside in the
Staes,and Territories of the United States;
and. second, such persons as were resi-
dents of the Confederate States at the
time OF the Separation, but who have
elected to retain their allegiance to the
United States-who have repudiated all
| allegiance to. the new Government, and
who have shown by their voluntary
acts and conduct" that they intend IN flu
ture to maintain their citizenship under
the Government of the United States
In all revolutions Of the character in
/ which we are engaged, the individual has
the right Of election, and may adhere to the
citizenship of his birth, or may throw of
his allegiance to the old Government and
60 with his neighbors and fellow-citizens
into the new organization. Should he
elect the new Government, he will be en-
titled to all the privileges and immunities
of said Government; but should he retair
his primary allegiance to the old Govern
ment, he will be an alien enemy and bt
subject to all the forfeitures attending
such condition. 1t is, therefore, ques
ton of choice with the person himself
and the only thing to be arrived at is thu
or not and this question is to be decided
upon the proof, as in any other issue o
fact submitted to jury. This being tn
principle of law we'll settled, it must fol
low that all the inhabitants of East Ten
nessee are either citizens of the Confede
rate States by their own adoption anC
| election, or they are citizens of the Uni
| ted States by retaining their allegiance
| thereto, ard as such must be alien enc
| raies to the Confederate States.
zs----~-ss-adS-stood to be the law an
nounced by the Court. The distinction
between those who fee from their cour
try and take up arms against the Confeo
crate States, or accept civil Office unde
the enemy, and those who remain a
home, was alluded to by the Judge. Tn
. former class are unquestionahly alien en-,
nies-whilst the latter, so long as the
remain at home and discharge their dut;
as citizens, are presumed to be citizens oftf
. new Government.-And the questio
whether such persons may or not b
come alien enemies and yet remain wit
in our limits, was not clearly enunciat.
: by the Court, but was deferred until
should come up regularly for decision.
: The charge was an able and interestil
: one throughout, and was listened to wi
: deep attention by all present.
Judge Luckey.
The grand jury recently empannell
by the Confederate States District Cou
at Knoxville, made presentment agair
this leading citizen of East Tennessee.
:, The presentment was not in the natu
of an Indictment for treason, but an 81
formation" to the Court that the indiv1
ual was guilty of disloyal conduct, al
dangerous to the community in which
lived. The Court had charged the ju
that it was their duty, as a grand inqu,
! of the country, to render information
!; to such persons as were guilty of manif
= disloyal conduct and. as such, were de
10 gerous persons in the community. Und
II this charge, evidence was submitted to
~ jury of the acts and conduct of Jud
y -LVcKEr, sufficient in the judgment Of
: Jury TO present him asa dangerous ch
- aeser., and he now stands upon the
q sos.e-y-s -sseeantry in that most uns
). Eylaole attitude. We understand that I
i. particular facts upon which the j,
: founded their presentment were, the
moval of the incumbent by Judge Jucl
from the office of Clerk and Master of
- Court at Elizabethton, simply becau
and for no other reason, that said Gle
% was a loyal citizen of the Confeder
States and an ardent Southern man, a