The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-09
For tie Nashville Union.
The Federal Court indicated.

In the Nashville Daily Times OF
Ma-th 9Th, appears an article taken
from the Knoxville Wing" Of March
lst in which Mr.. Brownlow handles
the Federal Court rather severely.
After detailing his special grievance,
he continues thus
Here might close this publication,
but ] choose 20 say more. / will not
play into the hands of wealthy infiuen-
tiai rebels. in violation Of the laws OF
Congress, even though | incur the dis
Measure of the Federal Court am
willing 10 measure arms with the Court
or. in other words, 10 let the loyal PEG
Die Of East Tennessee decide upon our
respective merits have never heard
n more general complaint made against
any organization than Is made by loyal
men against the doings Of this Court
Ii has never, ~ lawyers say, decided IN
favor of the Government when there
has been any opposition made. 1t has
not convicted any man of treason or OF
bigh misdemeanor out of twelve hun
dred indictments, and / believe never
will. II admits a rebel lawyer TO prac-
tice in the Court, indicted for tressoa,
and il turns traitors loose on the COM
munity who come in and take the
amnesty oath after they have been in
dicted for treason In q word, it is
popular with rebels, and unpopular
with loyal men. I mean the masses of
the loval men Of the country. Its sessions
are doing the Union cause no good,
and the best interests of the country
would not suffer if il we're TO suspend
its operations until the close of the
war.
/ propose to examine these charges
seriatim, and then briefly TO advert to
the Doctors special grievance. / do
not care to enter upon comparison
between the merits of DR.. Brownlow
and Judge Trigg. The former is. an
ardent patriot I voted for him on
the Attn Of March for Governor, and
propose to do so again if he holds him
self out for reelection. The latter is
an independent, able, inhexibly just,
and, at the same time, humane magis-
trate, and long may he live to exercise
the functions OF the Office he file SO
well.
DR.. Brownlow has, however, on the
present occasion, let his zeal carry him
too far He has placed himself in
position from which he must recede,
and he has Tashly asserted what he
cannot uaintain. The Court, be says,
according to the lawyers, has never de-
cided a single case in favor of the Gov
eminent when there has been Opposi-
ton made. This may be true, but it
does not follow that the Court is TO
blame. / have attended every session
Of the Court at Nashville since its re
organization in 1862; and have to
state that, in conhscation and criminal
cases, whenever there has been any OPP
position, it has always been made by
pleading The n,H6sty, and then the Gov
eminent has been compelled to dismiss
proceedings. II could not DO OtheTlCise-
The Court must administer the law,
however distssteful An act of Con-
gress authorized the President TO pro
claim terms of pardon and amnesty tc
all who should comply with them. In
pursuance of this act, the President,
on December 5, 1868, issued his procla
nation of pardon and amnesty, in
which he offered full pardon TO ell of
Tenders who should take aud subscribe
a certain oath. And the Attorney Gen
eral of the United States issued cir
cular letter to the various District At
torneys, instructing them TO dismiss al
proceedings in con6scation and Grimm.
al cases when the amnesty should be
duly plead. Nor does it preclude the
benefit of the amnesty that an indict
ment has been found against him who
would take il. True, by virtue of the
subsequent restrictive proclamation of
the President being arrested before tax
ing the oath excludes from the privilege
Of taking it. For deferring to take
the oath until an arrest forces upon
one the propriety of the step, indicates
an utter want of sincerity in the per
son who in his extremity would resort
to any means of escape Who the1
is to blame that there have been nc
oondemnations in confscation cases
where there has been opposition
made, and that twelve hundred indict
ments have not brought about sin
gle oonvicton2 Assuredly, not th,
Court, but the President, who unde
the authotity of Congress, has co1,straiae,
TIC action Of The Curt True, the amnes
ty turns the indictments into q farce
but only Mr.. Lincoln is TO blame 70
this If DR.. Brownlow were in Jude
Triggs place he could do no otherwis
than Judge Trigg, unless he violate,
the laws he would have sworn faithfull
to administer. As 10 admitting rebe
lawyers to practice, even if under il
dictment if they take the amnesty th
indictment has 10 be dismissed, an,
then, il they take the oath required b,
law, the Court cannot arbitrarily eS
clude them from the right to practic
when the laws admits them Mr.Carlisl,
universally understood to be rebe
sympsthiaeF, practices in the Suprem
Court of the United States, and in IA
Courts OF the District of Columbia. an
conducts claims before the Depart
ments This plain statement the
clearly evinees how groundless are th
differences made 10y Dr. Brownlow frol
the facts that the Court doesn't COZ
denim property when the amnesty
plead, and that it has not as vet hum
drawn, and quartered any traitors G
conspirators That the Court is popu
lar with rebels is certainly contrary I
the observation Of the writer here. an
that it is unpopular with the Toys
masses Of East Tennessee is difficult I
conceive, after reading the glowing tei
timOnial very recently made 10 its ind.
Pendence, impartiality, and sbility, b