Page:Federal Reporter, 1st Series, Volume 1.djvu/28

 20 FEDERAL REPORTER. �own, short of the complete discharge of his duty, relieve him- self from his liability. �2, The next defence urged is that the guardian, to prevent the confiscation of the ward's money, withdrew it from its in- vestment in bank stock in New York, and sent it to Montreal, Canada, -where it remained invested, by his direction, in the bonds of cities within the rebel states, and in southern rail- roads. This point is clearly untenable. It is not contended that the new investments made were such as a guardian is allowed to make, according to the laws of New York, and they were obviously extra hazardous. They are not to be justified on the plea that if the fiinds had remained here, in- vested according to law, they would be liable to be confiscated by the United States. �It is no part of the duty of a guardian to protect his ward's money against the lawful demands of his own government. If under such lawful demands they are seized, the guardian would no longer be responsible for them. His duty as a cit- izen, to interpose no obstruction to his own government in carrying on war, is his first duty. It is superior to any obli- gation he owes to his ward. If his ward's money was for- feited to the United States, he had no right nor duty to pre- vent, by its removal, the superior rights of the government over it from being asserted. Moreover, the proofs show that what he did was, under color of protecting his ward's inter- ests, to allow the funds to be loaned to cities and other cor- porations which were aiding in the rebellion, and by this very act, set up in excuse, he gave aid and comfort to the ene- mies of ' his government. Such an act could not be pleaded in justification, beeause in itself unlawful, even if the circum- stanees warranted a removal of the fund to avoid confiscation, which clearly they did not. �3. 'Aiiother ground of defence set up is the transfer of what remained of the fund in 1867 to a new guardian in Alabama, and his alleged release of defendant's testator. ' At the time of the àppointment of Mr. Micon guardian by the Alabama court the infant, Ann C. Sims, was domieiled in that state. The àppointment was made upon her written request, and. ��� �