The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-09

VINO are excessively GiSgueteo tha1 the
Court does not literally dispense the
sharp vengeance Of the law to traitors
and rebels, but they should reflect that
the same law which denouncesthis ven
seanee provides q very simple means OF
escape, and that the court il bound to
administer that part Of the law which
allows the offender 70 escape as well As
the other part which pnnishes him II
he neglects the proffered salvation IL is
the province Of the court " jas deere,
non ius dare" IL is somewhat amusing |
that at Memphis Judge Trigg is abused
for very different reason. There the
military threaten to Intervene 10 pro-
teet rebels from the ferocity of the |
court in disregarding the plea Of the |
amnesty unless il be taken in a certain |
precise way. There is an snecdote
about Sir Thomas More, Lord High /
Chancellor Of England in the time Of
Heny VIII, which occurs 10 nay mind
in this connection. Being excessively
abused by the common law judges for
granting iniunctions in certain cases,
he took occasion 10 invite them al TO
dine with him, and when they were as
sembled, be explained each case to
them, when they universally agreed
that they must have done likewise IN
his place. So it would be with d.
Brownlow in Judge Triggs shoes Now
for the special grievanc set forth at
length in the Knoxville Wing DR..
Brownlow, as Treasury Agent, rented
farm IS abandoned property to a Mr.
Mullins. The property was libellea for
confscation, but the death OF the reb-
ell owners being, as it would seem,
proved to the satisfaction of the Court,
the libel was dismissed, and writ Of
restitution awarded 10 the heirs or de-
visees of the property. DR.. Brownlow's
lessee neglected to intervene in the
cause, and the Court could not judicial
ly know Of his existence The Mar
shall being about TO GUST him, however,
the Doctor espouses his cause, procures
detail of soldiers, and declares var
against the Court. He repairs to the
premises at the head of his army, and,
arrived there, forms his line of battle,
and probably entrenches, but the forces
of the Court fail TO move upon his
works. He accordingly posts his
pickets and camps upon the ground
Finally, he leaves q garrison to hold the
post, and retires to WELD weapon
said to be mightier than the sword,
and certainly more familiar to his
hands. But iron-elad in the invincible
armor of justice, the court cannot but
come out Of the conflict nnscathed.
Now the sum and substance of the
matter is simply this. A man with a
valid claim sits still, and contemptu
ously negleets to assert it; the court
can take no notice oft unasserted, and
hence, perforce, disregards it. The
claimant, too late, finds out that
he has suffered the fate of 81 who
sleep upon their rights. Had Mullins
employed Mr. Temple TO file his claim
in time, this triste beillm clinic had never
bsen kindled. The case was proceed
ing ia rem; in such cases all interested
must come forward and PROFOUND their
claims-if they do not, they lose their
claims Suppose a ship hbelled for
breach of some law, the penalty of
which is confscation. Publication is du-
ly made TO apprise all claimants. Dr..
Brownlow has a mortgage on the ship
for $4,000; he neglects to inform the
Court of the fact by filing his claim The
consequence is he loses his lien the
ship is sold free of his mortgage, and
he cannot afterwards enforce it Now,
whether on Diminishing proceedings
here, the Court had power to go farther
than simply to remit matters to their
condition previous to seizure under the
warrant Of arrest, is a question which
the writer does not undertake to de-
eide. The Court was constituted to de
eide just such questions; and no appeal
lies from its decisions to DR.. Brownlow
or General Tillson; and if they attempt
to obstruct the execution of the
Court it is contempt for
which the Court has power to
attach: and punish them; and if they
resist this, when the facts are repre-
scented at Washington, the President
must sustain the Court Resistance to
constituted authorities acting within
their spheres, even if enormously, must
ever enure to the woe of the contuma
cious, or law and government are q
farce. SUsTITIA