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M r VOL. 2—NO. 115. SAVANNAH, GEORGIA, 1!ie Daily News and Herald. PUBLISHED BY S. W. MASON. Sru££r v tt.VAjfMAii, Gao |>,. r il asulr.'iJ.. .Five Cents. •**»». suo oo. iiivcttmngi dent accord with the first general power, delegated bjr " ' ' ~ ' u Tin. T „., pollers i>er Square of Ten Lines for first In- out- Dollar for esch subsequent one. .1013 PRINTING; fl ,rv .trie- neatly and promptly done. THE LAWYERS’ TEST OATH. District Court, Southern INstriet f Georgia, May Term, I960. Ex parte William haw. | aR{ ,i MEYT OF HOJV. HENRY.*. FITCH, U. S. DISTRICT ATTORNEY. d pU.tsc the. Court: I am . < nfident that the. Court will Indulge «m 4nJa - •: rnrntry remarks somewhat personal to my. i • pro-movent in this instance is one of those i i ntlemen who, through all the trials and vi- > lor hall a cr-ntury of professional labor, has, . . known, commanded admiration for his legal .mi h<*nor for his private virtues. . is the recognize ! Patriarch of the Savannah - i Ear, your Honor, that has generously extended u comparative stranger, so many acts, not of were sy only, but of genial kinduoss, as to render ray upon this occasion as unploasant as it is impera- I! requires a peculiar conformation of mind in -no reared under republican institutions and in love tho liberality of republicau laws, to con- . Hm;b a legislative enactment as tho one now iv the Court with any degree of satisfaction. Al- j n it..* g'> entitled, it has with startling unanimity . in istcned by both friend and foe, the Test Oath Hu.-, .oubriquet is the verdict of the 14 consen- ■ ”—one of the cardinal rules of truth. „:!is have never been very favorably received by . .•-if, much lens by a free and enlightened people. ( and fl ml existences, whether judicially or ... .uy considered, have not been liattering to . tti : wisdom or honor of their authors. The , Mfht judgment, I believe, that has ever been * . public opinion against test oaths and their .. lias been—oblivion. nut i. »w whether there lives in this noonday of ■„-i. ti a gentleman who would consider an an on with that class of legislation a very heirloom. jcially true when wo reflect upon the li'ui-ua to which this act applies. The legal -!• 'ii is acknowledged to be one of the most ele- i in 1 ennobling pursuita-to which man can dedi- ifi0 intellect. Next to the study of divinity, the itin law fosters that chivalry of the mind— mini submission and diguified obedience to the ;r wenl—that stern, comprehensive seuse of ■hut intellectual strength, conscious of its own trir-s-., by which all stable governments are created perpetuated. . ’ !•-Hows as a natural sequence—a harmony of and sentiment—a perceptible free masonry ::*<vi idlowsihj) in fhe profession which renders r.*-t notions as the act imposes wearisome and omnium of Cicero upon the liberal arts could u applied with still greater force to the pro- i unich lio was so splendid an ornament: quoddam commune vinculum et quasi quadam inter se continentur •Is an irrepressible impulse to say to Govern or priests and cowards, and men cautelous, ide carrions and such suffering souls >v Icome wrongs; unto bad causes swear .natures as men doubt; but do not stain oen virtue of our enterprise, ie insuppressive mettle of our spirits i.k that, or our cause or our performance ..dan oath.” the question boforc your Honor is not the poll ing law, but its validity as a law, and to that I .v address my argument. If this law is cou- u d, and. after a careful examination of all the urged by learned counsel, I am clearly of .inhi it is, then it must bo respected and en- •lutil modified or repealed by the Gobgress of ■ d States. Tho objections arrayed against .mmiioaality of the law are numerous and ill. •n urged before this Court in extenso, l ability by Judge Law and Governor ire none the less worthy of serious "ii ir.»iu having been previously presented v motion before tho Supreme Court, in a * 11 ‘-Cuausuve aag _ ~ •* Mr Marr contributed, the result of an •se.irch into boij^American and European . and to the elucidation of which Air. hnaon lent the “lull voiced rhetoric of his : standard rules for interpreting statutes is into the exigencies of tho times when the evils against which it was intended to • i.irt will take judicial notice of the fact that " < nuu.-nt has just passed through the most i vi* war recorded in the history of nations— . which during one campaign more men were u over raised the pennant of York or Lancas- 'nr that lias revolutionized the science of war 1 unset tied the diplomacy of the world. The also take judicial notice of the duration and ■ \tctit of this conflict, and the legal status iviligerenia under the public law during its j . e and at its termination. The Court, in my :i- t should a.so take into consideration the fact - tevolution was inaugurated to decide the nit Mini; in of the Constitution under which (' n enacted. That construction, although • . tin- arbitrament oi tbe sword, must be re- • ui courts as tho true one, and all logical a- diawu therefrom must be by it respooted. ; Las been quoted by Governor Brown to fur- ' ili a definition oi a “good government.’' rutKiidorl, etc., etc., will also supply any ; iluse commendable generalities. In Bir M j o’s Utopia, however, the Court will find ■-1-umiaT theories of governmental godliness j the people to Congress in the Constitution, (Six;. Abt. I,; “to provide for its common defence and gen eral welfare of the United States.” It Is not a penal act, as has been so earnestly urged; bat a declaratory act, and though retrospective in language, intended to protect tho Government from future Sfetrayal by Its own officer*. But it is maintained first, that an attorney .is an offi cer of the court, and not an officer 6f the Govern ment—a private officer and not ‘a public * officer, and to that extent is beyond the scope of Congressional power." It is diffieiUt to conceive how an officer with in them sailing of Unit word as understood in American Jurisprudence can be anything else than a public offi cer. A clergyman even whenever he performs Any sot aflseting the public interest such as solemnizing a marriage, is apublic officer—and to the full Extent of all the publio privileges confered upon him by his ordination he is a public officer. (Bouvjer’s Law dic tionary, vol. 1, 259—2d0.) *8o of an attorney, his profession is his private prop erty—-bis license to praciice-the profession is his com mission as a public officer—subject to certain express and implied conditions—which conditions the origi nal grantor can enforce either directly or indirectly. It willmot be asserted, I presume, that any man quali fied by course of sturdy lor the office of .au attorney, has, ipso facto, a right to practise before the United States Courts. If it is not a right, therefore, inherent in the profession itself, it must be a privilege cohee- •ded by some superior authority. Let us see by whom. The first section of the third artiole ofithe Constiti^ tion vests the judicial power of the United States in one Supreme Court, and such inferior Courts as Con gress may from time, to time ordain and'establish. By the VIII section of J, among the powers del egated to CbngrC&r 4 tho power to establish inferior courts. In aooordiance with these Constitutional pow ers, Congress passed tho Judiciary act of 1789, liy the thirty-fiili section of which the oourts are empowered, to admit such attorneys and counsels, as by the rules of the said Courts respectively shall be permitted to manage and conduct causes therein. Does not the very delegation of this power to the court show that Congress held the original power it self, so far as inferior courts are concerned, and could place os many conditions upon its exercise by another as it might deem proper ? If it ooul'd have done so then, can it not do.so now ? Is the act of 1789 like the laws of the &Iedes and Per sians, Or can it be rexicalcd at pleasure, either directly or indirectly by the passage of a subsequent act in consistent with its provisions ? Such a theory would abrogate the great x>rinciple laid down by Bentham as the foundation of all laws. “Defeasible perpetuity— a perpetuity defeasible by alteration of the circum stances and reasons upon which the law was founded.” Does not the power to create a court include the power to proscribe tho qualifications of all officers incidental thereto ? Does not the power to ordain and establish imply the power to abolish ? and if Congress can abolish a court, can it not restrict the extent of its ju risdiction over its own officers V It not only can be done, hut it has been done. In 1802 Congress passed an act entitled “an act lor the moro convenient or ganization of tho courts of the United States.” Under this act now courts were established, new Judges ap pointed, confirmed and qualified. One year after, on the 4th of January, 1801, Mr. Breckinridge introduced into the Senate a resolution to repeal tineAaw. Then followed one of th_* most remarkable and ©ki lting de bates in the annals of Congress. Many members of the Seventh Congress were men of brilliant intellect and rare culture; the importance of thov measure was fuiiy appreciated; the arguments learned, instructive and statesmanlike, and that provision of the Constitu tion authorizing Congress to ordain and establish in ferior courts with the incidental powers attaching thereto, was debated in extenso, and the result was the repeal of the law. The constitutionality of this act of Congress has never been judicially disputed. In fact the acts of Congress extending and restricting the powers of Dis trict and Circuit Courts are too numerous for citation. Again, there are now several bills before Congress re modelling the entire judiciary of the United States. Even as early as 22d July, 1813, (3 statute 21,J Congress instructed the court^ as to the practice of attorneys. Have they not on tho same principle the power to say who shall be attorneys ? What becomes of the vested rights of officers, the sanctity of incorporeal herediti- ments in the face of these historical facts. If Con gress can create an officer with a tenure for life and within one year remove the officer by abolishing his office, can it not prescribe a fortiori the qualifications of such inferior officers as they may empower him to appoint Y Does not the greater include tho less, or is there something about the intangibility of an attorney's office which enables him to evade these legislative su pervisions ? it is conceded by Judge Triggs aud Judge Busteed that if an attorney licensed by tbe United States Courts is pro (unto a public officer Congress can limit his tenure and prescribe his qualifications. Does not the States claim and exercise the same au thority aud upon the same principle ? Do not the State laws prescribe tbe age, mo study aud the char acter of applicants for admissiou ? Could they not prescribe also the loyalty of tho candidate for such honors, or would that bo infringing upon inherent prerogatives of tlifc court they had themselves created? Does not Georgia say to the attorney of Alabama, you shall not conduct a case before my courts unless by the laws of Alabama a similar privilege is granted Georgians, thus depriving him of his vesied rights liud no control V s that profession IS the Courts of. t ess Ire An subscribe io tlieirrulA cise t I unless 1 . | It is bsrdty necessary, irrebnclu | oppressive rApoasibilityattachin I proclaims a statute, passed by the 1 body know* to CUr Gbvernment. tc So a man shall lose his office if he accept another office incompatible. It is evident, your Honor, from these citations, tb a a man may forfeit by his own act his franchise, with, out being proceeded against, in personam, ami with out ever having been indicted or tried and convicted of any offlenee. The forfeiture w worked instonter by I the Oomrtttatio* Atr th^ TTmt^d Su. mere operation of law. And when a man attempts to i judicially conceded from Chief Juatii if ia 0047 necessary to JudSe HmuSS? h* nal that the fact be brought fp the notice of the Court to enable it to take judicial cognizance of all the diaabili- tics flowing therefrom. It will not be denied, I presume, that to forswear one’s allegiance to the Government'under whose laws he held au office, dr to acknowledge allegiance to an-? other Government at war with his own, is such au abuser as ipso facto vacates the office. It will not either be denied that to accept another office of any kind—such as a license to practice in the Court of a Government hostile to the Cnited States, is such an acceptance as impllee the surrender of any ‘office he ih»y have held tinder the laws of the United States. . And.thinfcrfeitur&takes effect,, not from the date of, any record of investigation into the act, but from the oommissionyjf t£e act itself. But we are told you must premxit some evidence of She commission of the act of forfeiture, and that you shall nfft pluck that evi dence from the mouth of the officer himself, for to do so is to violate that section-of the Constitution which provides'that no one in a criminal case shall be com pelled to be a witness against himself. In the first place, I deny that the proffer of this oath can by any ingenuity be tortured into a “criminal case" within the meaning of those words as used iu the Constitution. It is simply a judicial inquiry into the eltaibUity.of thepyo-DUitaC tor thi office-which he seeks" ... . .’ Bqt waiving that point for the present, I maintain that no proof is necessary, or by law" required, to es tablish this forfeiture of office than is to be found iu the public laws—the public records and public hjatorf of which the Court must take judicial notice. That the Stato of Georgia was in insurrection against the United States; that forfour years her citiaeus,.with all the machinery 61 her State Government, resisted with arms the lawful authority- of the United States, is a fact in history of which this Court must take ju dicial notice. That the legal status of every citizen resident with in that State during the insurrection has been chang ed, is a conclneion of law of which- this Court must take judicial notice. That every such resident citizen aided and abetted, directly or indirectly, the enemies of the United Spates, ia a fact of public notoriety, of which this Court must take judicial notice, and which throws the 011113 pro- bantti upon every- such resident, who oornes volunta rily into the United States' Court to claim a franchise from the gevemmeut. This doctrine is distinctly aud strongly laid down by Chief Justice Chase in the case of Mrs. Alexander’s j cotton. 2 Wallace, 419. The (jhief Justice delivering ; the j udgment of the Court, says; “ The Court cannot inquire into the personal char acter and disposition of individual inhabitants of cne- ! my territory. We must be governed by the principle I of public iaw so often announced from this Bench as j applicable aliko to civil and international wars, that all the people oi each State or disrict in insurrection j against the United States must be regarded as enemies until, by the action oi the legislature and the execu tive, or otherwise, that relation is thoroughly and per manently changed." It requites more charity than justice to pereeive how any one holding an office nn- , dor the laws of the United States whether by license ; of a United States Court or by commission from a fie- partment, who has assumed the status of au enema, I can claim a vested right in that office aud call upon i tho Courts of the Uuited States to recognise him as ' such officer. We will be told, however, that the proclamation of amnesty, the proclamation of peace, and the special Presidential pardons have permanent ly changed this relation. Admitted. Amnesty or pardon relieves the community or the individual from all tile pains aud penalties incurred by the offence pardoned, and restores him to to the peaceful posses sion of such property aB he may have had, against which no proceedings have been taken, or against which proceed! ngs are pending. But I deny that auy numher of pardons or proclamations can restore prop erty already condemned, or revive an office termina ted by operation of law or destroyed by previous for feiture. If I am correct in the position, that for- \ ferture of an office dates from the commission of the i act forfeiting its existence, and not from the record to. Judge Busteedt It'must be . questionably-! repugnint# to some . instrument before even the Supreme ( justified in pronouncing'it invalid. If there is a doubt the Legislature 1 forming as thev do, a co-ordinate brai} erument, should have the benefit of t where a great people, struggling in tb rible civil conflict; say to their servant! be misunderstood : "Parent operai'o 0«ict rseunblica r aetrirnenti caperet.* Senators and Bepresentatives, that n to th is republic—there ia a sanctity J in the edict that no court should treat 1 INSUR AGAINST xvcat mm i. -auuns nits'Haber _ ullsi/.cs v Cush advancefi made oil consignment© IN THE Pioneer Company the ' south]’ THE SOUTHERN Accident Inshraiice Ce., &YSC8BVM, VA. MciiAY, BLISS & «;o., Commission Merchants of Timber, Cotton, Naval Store*, i-c. The above-named house offer unusual facilities tor the sale of Southern Products, ami respectfully a licit consigumejits. . MoKAY. BLISS k CO., d£l-tawtf 166 Broadway, N. Y. E. McLIiA. J. H. CAKTJCB. KENNETH MtLEA & CO. Commission, Merchants 283 BAY STREET, SAVANNAH, G {35“ Advances made on Consignments of Cotton and other produce to our friendg iu Liverpool and New lork. 834m THOMAS H. AUSTIN, General Commission and Forrariiu MEnCIIAKrT, 95 Bay Street, Savannah, Ga. Authorized Capital, $1,000,000 INSURES AGAINST ALL ACCIDENTS, showing the act, then it toiiows that no exercise of Giving the bolder of an Annual Polfcv the mere executive clemency can subsequently restore it. 1 11 . , . „ , . ; * The consequences of such forfeiture can only he j 1 . ^•BCUUl insured IU case of de&tl, find avoided by creating a new office ab initio—conferring i Compensation each Week if disabled' for a a commission or a new license, and Congress says j . “ u,3aoleu - lor " these shall not be bestowed upou any ono who has not ! period the essential qualification of loyalty. Does not tiiu code of Georgia also say to one class of applicants, you must prove in op»*u court that you have the necessary qualifications of au attorney and a good moral character us a citizen ? and does it iiot say to .another class, the felicitous recipient of a diploma from the Lumpkin Law School, bo your qualification or character what they may, you are a lawyer “to the manor born?” If Georgia can make distinction among attorneys for the benefit of .Lumpkin, cannot Congress exercise the flame discretion “for the com mon defence aud general welfare of the United states ?” Hon. Roverdy Johnson in his argument, while con tending that tlio admission of an attorney is a judicial act admits that if it is a ministerial one Congress can prescribe the qualifications. However sound this dis tinction may be when applied to the Supreme Court of the United States—one jof the great ^branches of oar Government—it is very questionable when applied to the inferior courts, whose jurisdiction Congress can, “from time to time,” diminish or extend. But we are told that this reasoning, if correct, only applies to applicants for admissiou, and not to those admitted. This brings us to the second objection to the law, namely : That a license from the court to practice creates au officer ; that an officer holds prop erty in his office ; that no one can be constitutionally deprived of his property without duo procas of law'; that this law doe a.deprive one of his property without due process of law, aud is therefore null and void. It is rather a subtle division of tho word property, a wirb a graceful rhetoric'that has rendered i aa used in the constitution, which makes it applicable :tbe most immortal works of—fiction. I con- to au attorney’s license. It requires considerable Si ; ar. irreverent heretic upon the subject of ! metaphysical acumen to perceive how a privilege liav- ’ 1 i iis mystery known afi the Law of Nations, j uo standard ol value—often no value at all—a t IS that the only true definition of the law priv.lego the worth of which depends upon the owner utained in Aaron Burr’s aphorism— } hiinsell, being frequently worthless, tnat cannot be • • - ** sold, transferred, assigned, mortgaged, entailed or in herited, can be considered property in the substantial sense in which that word is evidently intended oldly asserted and successfully main- ; — i- i:e rule, however, which, whether laid «the Law of Nations or not, is the Law of Na- - that is, that whenever any government de- •' ; ’: the sword a disputed point of its domestic T *t policy is the supreme law of the land, so 1 ■ th e nation is concerned, and all corollaries ti.n-t bi* recognized. The cardinal points per- S(, fiied by the late civil war from which we v -Hi^rged. was that the Government of the Vu ^ > » is lo use a solecism, the Supreme Sover- ■ -u matters affecting the public weal; that its i nv.-rs were not restricted to the extent L 1 : mu and jurists had previously main- ■y 1 h tlu.n above all, it was empowered to pas • • and enforce any measures necessary to per- ' ’•■'' Jiauonal existence. I deny the right of Facial or State, to dispute this popular — • '"figment obtained at the fearful co3t of ‘ mi h, j 1,900,000,000 of treasure. Keeping *1 met m view, let us examine the authorities ! hi support of the objection urged against this - 1 search of counsel has brushed the ven- . • 110111 many a half forgotten folio that else _ - 'li’-pitc the pomice-etone of the Socii tb ’ “ C'. Lnnc representatives of first editions, . 7„‘ ,J u “ yes of antiquarians, have been paraded ‘‘ uit—a picturesque desolation of moths ■ 1 1 r, over which the curious scholar might • 7 ••rUttuily as La yard over the foliated capi- . 7 " • ■; 1; ‘d entablatures of a Grecian ruin. There ot antiquity in these studies. But, or, tao Constitution, the instrument now tm- , ' s " ! ' >rj ' lias been recently interpreted differ- t ^ e greatest expounder known to •7. 1 ? 1, ' our Honor, that certain principles .7' ‘sanctioned by the wisdom of agea.” I care ". • iound upon the highest shelf of the . '“/v ar y» scorched by the cindersofHercu- sru ' re d with Assyrian mud, if they conflict .. ’-' 1( hct of the recent revolution thev are but 1 °f the rcceut revolution they are but i ue wisdom of ages” is not always the • ii- 1 ’ 11 11 were . Sidney Smith’s inimi- • .1 * ‘ < i:ou kll °wn as tho Noodles oration would i* ii artu,,lC,,t - men in the country, irredeemable fools, but are less wise :j i, ‘t than they were five years ago. We ' (, ur to consular dates foe ancient laws or thoy can be found in tho United at large JXlSSimS •••on, like Time, “sadly overcomoth all decade henco tho student of American • | may find himself, like Sir Thotnas ^veller among+the pjrramids, inquiring of • ■. -r' 10 kuilded them, and she mumbleth :. 4iv r* ^ ut what it is he heareth not.” : •• 7 H heterodox:, but I am firmly of opinion • u 1 'has settled, and settled forever, one vi- i'i‘ ati.-cting tho entire jurisprudence of the . , uli ' 1 which ilie judiciary will be compelled to • • wm iy -that the spirit, if not the letter of • " i, confers upon Conc/ress far greater tee hitherto been conceded by the i-/ ihui/roin that standpoint the acts oj 7 •"'•*■ be hereafter iftnstrued. 11 pease tho Court, let us apply to the ^ i’liiiiary rule of interpretation before re- - sj; V' 1 l 1' ls act passed? It was passed in 1865 7|1 J !' *rinonury act to the act of July, 18G2. *t a ut.jr t V 0,l ^ rc8ft just began to see the glimmer- t tj,,. .J 1,ro »gh the midnight of rebellion. What a. V s ,uro,1 dedvto be jirevented ? The re-oc- I 'ht-'itlangers. Men holding high trusts . hftral Government—Senators, represen- .-r* 11,11 °? ores * Consuls, Generals, Judges, *. Collectors had abandoned their offices 01 peril, had foresworn their allegiance, another and a different Constitution for ^ law, and had sworn to support and were \ •-■•• ; another and a hostile government to the ' ->•> 1 a ' '’ ail d although acting, in a great majority • v..- 0,u ‘‘onscientious convictions of duty, were •biC'l Ul, der the laws of the United States, ,ja d citizens, malfeasents in offioe and un- I luT| n> confidence. Was it a time, then, for ■ e d'Jicacieg--for the technical refinements of ^'hsr w? i3 ** astonishing that Congress i i ! >r ^ftSnV relu * e ^ respect the sacredness of moul- ?’ ^ntjike the impetuous Marebeau have J L Vol lew formulas? I piino?® 1 are n „ ot generally suppressed on Lam- i been Miff b 7 Mr. Gwlstid, I: , ** in act'^ bel °re the Supreme Court, that the I ? ’ - v our u ° bu PP res * the rebellion. On the con- v J1 *Uiotbcr°rli t if 48 an T act P^ eveQt th© possi-1 rebellion. It is an act passed in evi- the Constitution of the United States. But admitting that an attorney’s office is a property, let us examine how it may be forfeited. Gov. Brown asks us with the ut most solemnity and sincerety, what officer of the Gov ernment stands here as Judge Law's accuser, aud where are the charges aud specifications ? Before a court martial or a military commission those inquiries might bs relave at; but this court is neither. 'Again, the Governor asks, what provision of the penal code has ho violated, and when and where V What Grand Jury has indicted him, and upon what charge? The learned gentleman seems to have forgotteu that these queries are only put in criminal prosecutions, *nd af ter the accused has been brought by the law before the court in personam. The most ultra opponent of the act under consideration will not claim that it is a judicial accusation. It is simply an inquiry into the legal status of the promovent. A man suspected of crime may appear before a coroner’s jury and prove an alibi, or absence of criminal intent, or he may re main away and take the consequences of such in ferences as the law may adduce from circun^iflntial evidence. A juryman or a witness may be placed on his voir dire, and bei£g questioned as to his qualifica tion or his character, hi ay decline to answer, and be rejected for cause. In none of these cases is an indictment,' verdict or a sentence required. Tho principal objection urged against this act is, it deprives a man of his office, which is alleged to be property, without due process of Jaw. That a man may be deprived of his property, in due process of law without proceeding criminally is too evident for argument. There is such a thing as a man’s losing his property by tho mere operation of law, and I claim here that if au attorney, unablo to take this oath, has a property i l his former license to practice before this Court, he has forfeited that property by operation of law, and that no other evidence is necessarj* than his inability to take the required oath of qualification. A man may forfeit his office not only by “treason, felony or misdemeanor,” but he may forfeit it in a much more reputable manner by non-user or abuBer, a lapse, or by acceptance of another office incompati ble with the duties of the former. In none of these latter cases is an impeachment or an indictment required to enable the Court to declare the officer fu net us o//Mo. As repeated reference has been made to Bacon by learned counsel, it may be well to examine him upon this point: “It^ is laid down in general that if an officer acts contrary to the nature and duty of his office, or if he refused to act at all, that in these cases the office is forfeited.” Bacon's Abridgement, vol V, chap M. There are, says Coke, three causes of forfeiture or seizure of office by matter in deed: 1st, by abuser; 2d, by nououser; 3d, refusal. In speaking of non-user, he says: “When the office concerns the administration of justice or the commonwealth, tho officer ex-officio ought to attend, without Stay demand or request; then, by non-user or non-attendaiice the office is for feited. Again, it the conditions iii law which are an nexed to officers be not observed and fulfilled* the office is loat forever.” Bacon’s Abridgement, vol. V, chap.M. Are we to be told that when a Uuited States Judge who holds his office for life accepts a Judgship under a government in arms against the United States* does not ipso fticto forfeit his office, but still retains a vested right therein, entitling hint to the privileges and emoluments thereof, and of which he can only be deprived on conviction by impeachment ? is it pos sible that all the Postmasters and U. S. Marshals in insurrectionary districts whose successors have not bepn appointed are still holding over under their for mer commissions—or have they long since forfeited their office by non-user or abuser ? Will it be claiufed that the President's pardon would restore them to tho position of officers, or would a now appointment be re<iitia|jtf tr lKff<t divtirilY it thork_Tbv„lu- ;i ?i^~ a 5»w- ywr Ottclfo esc%# tfeekeonSgreeable malts* The truth* is that there is a presumption of law necessarily deducted from the public history of the lato rebellion— a presumption inevitable under Chief Justice ( ’hose's decision, that every resident attorney in an iusurreq- I tionary district has forfeited his franchise as an officer j of the United States Courts. Without the act of Con gress, he could not have resumed his position except ing by taking out a new license, if this chain ol rua- I soning is correct, it follows that the act of 1865 is not j a penal act, but a declaratory act of qualification NOT EXCEEDING TWENTY-SIX WEEKS. a BKKIES TO Wm. M. Tunno & Co., Savannah; Nonrac A Brooks, Now York; Epping, Hatwerd k Co.. Colnmbns. mW-tr DAVANT & WAPLES FACTORS, Forwarding and General Having associated ourserves in the above business we respectfully solicit consignments. In connection with the above, we have a large brick fire-proof building, known as the Southern Warehouse, at the corner of Bay and Lincoln streets, and are prepared to take cotton or merchandize on storage. . v FIRE, MARINE, UVE OAK GLOB H0Df| No. 32 GEORQB STREET, , Charleston, South Carolina. now open for the accommodation of transient a * permanent guests. Choicest Liquors, Wine's, Ales and Segars Alwats on hand. aY-CCIDETSTT CHARLESTON HOTEL CHARLESTON, S. C." T H ? S P°P nl * 1 and well known Hotel, situated in t 4 ponton of the city, has been newly f nulled throughout by the present uroDrietor. win, i I throughout bythe present proprietor, who has been sixteen years connected with the establishment »n»«-t( W WHITE, Proprietor. ' Port Royal House, HILTON HEAD, S. C. BIDDBLL * x. s. arnnxi.u jnsar HUGO Pbopbiitois m. r. none. risks taken In ™ K Blowing • first-class compa nies:* Columbia Fire Insurance Company, of New York Fulton Firo Insurance Company of New York •too. 000 THE DAILY NEWS, PUBLISHED AT CHARLESTON S. C., Largest Circulation jdttRNAL PUBLISHED IN THE STATE, And is universally considered The Best Commercial FAMILY PAPER IN THE STATE. PARTIES. THEREFORE, IN GEORGIA, who de sire to subscribe for a CHARLESTON PAPER, will consult their interest by sending for THE DAILY NEWS. R. J DAVANT, Jr.. W. D. WAPLFS. Of the lale firm of Davant A Lawton. triS-tl • m & SAMMIS k (10., Forwarding: and Commission MEBCHANm, WHOLESALE AND RETAIL DEALERS IN SHORT TIME POLICIES, Ik Travellers’ Tickets, from one to thirty days', may be had at the Railroad Ticket Ollices, Steamship Agencies, and at the Office of the General Agent. The Stock of this Company is exclunively doen not work a forfeiture .of an attorney’s office, for 1 : n Sonthern hftnrls and renreaented hv « that ofileo was already forfeited, and wo shall have j In ‘ 3ntuuern nanus, ana represented Dy a little difficulty in disposing of ail tho romaiuiiig objei> ! Directory widely and favorably known, tious ao elaborately urged against its constitutionality. ( Tir ., r " , , . ' _ , Although retrospective, it cannot be an ex post facto j ** tucrelore, appeal with confidence to the law. for it cioefl not adopt any criminal procedure, and | w :n an i natronauc nf Hip .Snnlh^fn inflicts no pain and penalty on the person. j » . >w,i uuu P diroua b e OI lue »OBlUein The destinction betwoen retrospective and ex post i public.* facto law is ably elucidated in the cane of Calder vs. j . . n„ii w T,wi.ror-hooa in that portion of his opinion ! Again, a Glares of C. B. 13, being absen*' tiro years, and being out of his office from- year to year without liconse of the Court, was discharged by the Chief Justice ex as&ensu sociorum suorutn, by words spoken openly In Court; and though there wasfno re cord made ot the discharge, nor any legal summons for him to answer, nor any legal accusation, yet the discharge was held gooff. Bacon, ibid. In the case of Milauro vs; Thatcher, 1 Ter. Rep. 81, Ashurst. Justice, says: In the ease of two'offices, I think tho acceptance of the latter does absolutely, aud ipso facto, avoid the former, although the superior office, if they are incompatible. Bullur Justice ex- pre T Uje same opinion. Williams* Abridgement, In the case of The King vs. Sir Trelawney, Lord Mansfield expressly said that if the two offices were incompatible the acceptance of the latter would imply a surrender of the former.—ibid. Franchises may be forfeited by breach of the trust upon which they are granted, and a perversion of the end of their grant. So franchises may be forfeited by misuser or abuser, or other misdemeanor iu him to whom they are granted. Comyn’s Digest, vol. IV., 600. So an office shall be lost by forfeiture, if he break the conditions annexed to it by law, by non-user or abuser. Comyn’s Digest, vol V., lol. So if any within the realm having office, a fee by the King's grant, attend not on him when the King oes to his wars, he shall forfeit his office. Same, ,.161. Bull, by Judge Clias- which Governor Brown did not read, the purport of which opinion is, that the prohibition as to ex, post facto laws was intended to protect the person in crimi nal prosecutions and not secure the citizen iu bin private rights of property or contract 2 Dali is, 401. How any court can construe an act to be ex post facto which only inquires into the character and antecedents of an applicant for office, aud provides no sanction ex cept a refusal to confer future honors aud emoluments, passes my comprehension. Neither can it be said the act is unconstitutional, in this, that it deprives a citizen of his property vrithout due process of law; for if, as I have endeavored to show, tho office (the property in controversy) has beeu already determined by operation of law, how can the proffer of the oath in the act deprive one of what he does not possess, or yvork a forfeiture of pro perty already forfeited? Nor is the objection that it violates the clause of the Constitution which provides that every one shall have the privilege of a hearing by counsel any more tenable. It is in reality a petit lo prhwipii, in this, that the question is not: shall the accused have counsel ? but, who shall be entitled to act as counsel ? Nor does presentation of a Presiden tial pardon obviate these difficulties. It is really a plea in confession and avoidance, aud it follows that if a man ckn only resume his office by virtue of a par don, that without that pardon he possesses no office. It only requires a guarantee of future good faith. I think 1 have demonstrated that no pardon can re store a forfeited office, however much it rfiay qualify a man for a new one. . The office has reverted back to the grantor. All that a pardon could do, at best, would be to place the recipient in statu qiCo ante'beKum; to put him before the law just where he would have been had he not committed the offence, and yet, even then he would bo required to quality under this act -before he could obtain a license to practice. The law- is gene ral, applicable to loyal as well as disloyal citizens, to the innocent as well as to the guilty. A pardon cer- talnfy c%n confer no special privileges not possessed by those requiring no pardou; vet if this law is con stitutional, certainly a pardon which exempts a man from an obligation binding upon another who had QFFIOBR8, PRESIDENT AND TREASURER, COL. MAURICE S. LANGHORM5. 0 VINE PRESIDENTS, GEN: JOHN B. GORDON, of Gtwrgia. GEN. HARRY T. HAYS, of Louisiana. GEN. JOHN B. GORDON, Chief Agent at Atlanta, Gt., Agent for the State. O. C. MYERS, General Ageit, SAVANNAH, GA-. fll-V (iOOIIk Irl'flf’fiHfiu &,(• makers and patterns with which to supply Planters "I J UWU! ’) UIUUCI1LS) “t.) and Country Merchants, whose attention we invite NOS. 1 AND 2 SAM MIS’ BLOCK, Bay Struct, Jacksonville, Florida. 1CI>. ii. SAM AS IS. vfets.T. Paterson; TIMBER, Lumber & Commission MEltCHANT, Wo. 153 Rity Street, Savannah, Darien, (reorgria. . |F“ Ol'deis lor Lumber solicited. * dl J. SHAFFER, Commission Sealer In all kinds of FOREIGN AND D* 1MEST1C FRUITS and PRODUCE, Wujt Washington Maskk-t, Opposite 143 West at.. Bulkhead between Barela; and Vessy sts., NEW Y O H K, Potatoes, Apples and Onions constantly on hand, and pat up for the Southern market Ail consignments promptly nUenkcd to. Refers to A. L. Bradley, A. Haywood, T. J, Walsh, and J. H Parsons. Ivl* eodly BLAIR & BICKFORD, LUMBER MANUFACTURERS, AND DEALERS IN TIMBER AND LUM BER OF EVERY DESCRIP TION. « DOORS, SASH, AMO BtollfOS. TERMS 910 PER ANNUM. Published in Folio Form, size of the New York Herald. a23-tf TO PLANTERS. %1IS will keep constantly oh hand a full stock of it Plows, Hoes, Corn Shelters, siraV Cutters; Area, aud other Agricultural Implements of best to our stock and think we can make It to tlieir inter est to purchase of us. BOUSE & BRYANT, j2S-tf . 1W Bay street. Excelsior Fire Insurance Compan/of New York 800,000 Springfield Fire Insurance Company of New York Putnam Fire Insurance Company of Hart- ' ford • Washington k'ue Insurance Company of Baltimore Gulf State Fire Insurance Company of Tal lahassee... too,000 (00,000 M0,COO accident. Travelers' of Hartford *400,000 Marine and Firs Petersburg Savings and Insurance Company of Virginia #600,000 "Eufaula Home insurance Company of Ala bama...... qnAAAn Georgia Home Insurance Company, Oolum- bus • 8(0,000 riu ASS ITS. New England Mutual Life Insurance Com pany of Boston $3,000,000 Knickerbocker Mutual Life Insurance Com- ^afl^of New York ^ V . •yj.WO.OQO «Sk- B HLLH of any weight required cast to order, at short notlea An experience of over forty years lu casting bells enables us to produce them of a su perior quality. HENRY N. HOOPER A CO., mg - 3m Boston, Mates, °*x Open Foliates fn Great Western, of New York. In Commercial Mutual, of New Tork. 490 ACRES OF LAND For One Dollar! ■ < TO BE RAFFLED FOR, O N the sixth day of June, one thousand eight hun dred and. sixty-six, AT THE SCREVEN HOUSE, In the city of Savannah, Chatham County, state of Georgia, by a committee of gentlemen selected by the subscribers, 490 ACBES OF LAND, Situated in Lowndes County, near Mill- w town. State of Georgia. Tbe Oldest Accident Insnranee Oiin’y I^T AMERICA Traveler’s Insurance Co. OF HARTFORD,‘CONN. nmrar^Uil, wonld confor a Very Important ^ | N et CdSh-ASSPtS, Feb. l, ’66, $600,849\j± In fact, the onl/ serious argument advanced again&t thisact, assuming what learued counsel assert that an Attorney holds property in his office, is predicated upon the assertion that it deprives a citizen of his property without due course of law. Upon this hangs every other objection. If this is unbound the others Jail for want of a major * premises. It is not penal for it inflicts no pains and penalties on the per son. It cannot be ex pout facto unless it is penal. It does not violate constitutional provision in compelling a man to be a witness against himself, unless it Is a criminal proceeding, and there can be no criminal proceedings except under a penal etatutQ. It cannot be aaid to deprive an accused of his right of counsel, for iis very purport is to provide a way for the admis sion of counsel.' A citizen is not permitted to intro duce whom he pleases as counsel; he is pnly guaran teed. the right to introduce one licensed to practice. It cannot be said that it defiues offences unknown to the constitution for treason; aiding- and abetting treason, felonies and misdemeanors certainly include any offences set forth in this act. Jt does not prescribe a different and greater punishment than the constitu tion allowed', for surely a denial of an attorney’s license {however important learned counsel may c3n- sider it) is more endurable than death, confiscation or imprisonment. Therefore, I maintain, 1st. That if the pro movent’s former license constituted him au officer, and tnat office was property, it has been forfeited by operation of law. 2d. Of that forfeiture, resulting as it does from fijets of public record, the Court must take judicial notice. 3d. That being forfeited, this motion simply is an application for .admission under a.liey h cense * 4th. Being such au appl ication.-tlie act of 1865 only rBU'i’ihflfi ii nmill6r»iH..m — • Insures against Accidents of all Kinds," CAUSING BODILY INJURY OH LOSS OF LIFE. ’ IT IS CHEAP. A policy for $6,000 in case of fatal accident, or$26 per week'in case of disablingiiyurv, costs but $21 to $30 per year. Any sum from $500 to $.0,000, with $3-to $50 weekly compensation, at proportion ate rates. Policies written fop three or five yeais, a a liberal discount. .. H . ... ,ix ii vaiVEvaav- ' This Company insures against ail sorts of Occi dents, whelher.tSey o^cnr in traveling, working in the shop- or factory,walking in thentreet, swimming, riding, hunting, fishing, etc. I( foSH policies for ail persous, in all ports of the United States and Canadas, and grants permits to visit buy part of the world, rtils Insurance is sought after and valued by all classes of men,-rich Or poor. prescribes a qualification. 5th. That tho qualification proscribed is perfectly constitutional. There is another phase of this question to. which I wish to call attention, which, although it-does not* bear upon the constitutionality oil this law. has a very im- portaut bearing upon this motion, and is worthy ol' serious consideration. By tile act of 1789. it is pro vided that the Supreme Court may make such rules and regulations as to practioe of Uie Inferior Courts— the Qiacuit and Biatrfct—as it may fieem proper and it ia well setMed that whenever a rule oftlfefinterior Court conflicts with any rule oT the Supreme Court it is invalid, and that whenever the Supreme Court adopts a rule affecting the practice or the Inferior Courts, it is obligatory as a decisioq until rescinded. This;point has been even recently reiterated 2 •Black, 509. The Supreme Court, on Man'll 10, .1805, amended the second rule by embodying therein tbe oath con- fofaind in this act, and ordered that all otfleers'bf -fhe Court shall subscribe to the oath contained in the said act. Now, although this order is not iu terms directed to the Inferior Courts, there can be up doubt that it is iu intent, and should be by them respected as such. It expresses, also. Indirectly tho opinion of the Supreme Court upon the constitutionality of the act, for it wonld be unallowable to suppose tlia. highest Court of tho land wbnld embody in their own rules a law they be lieved or suspected of being in violation of the Const:' tutfon. Much ban been said about the hardship of this law. IV is a mere agtravaganza to say that it deprives a man of his profession. Jt only denies his privilege to sxer- IT 18 RELIABLE. . The TRAVELER'S of Hartford ia the Oldest Acci dent Insurance Company in the United Stales, aud established on a firm basis. It" Has issued many ilKtthjands of policlt-iL pays ejaunafor compensation almost ila'ily, and its business is steadily increasing. Rs capital is ample. Its directory 61 The highest char acter, and it has paid over-Onfe Ttiousaud .Lowes, without contesting one. era .-■• IdlriWnfsaai hojW»a«- NU ,11 KOI CAL KXA SI IN AT ION RE QUIRED. Three cents a day will insure a man for $2000 or $10 weekly compensation, for tme year. J. G. BATTBItSON, President. Rodney Dxnnib, see. - *- ’ A. WILtJPE,- ^ *1 J. T. THOMAS, GREEN * IT' J, 0. McNUU m!0 * 'Agent*, Savannah. FOOTMAN, dcNULTY. suron wmnsoH, HARNESS, SADHLERT AXO TRUNKST0RE k WHOLESALE AND RETAIL Under St.lAndrew’s Ball* Broughton St, SAVA.TOTA-EI, ~<3-A* Mill and Lumbr-r Yard on Canal, near Bryan street Ctfice Iso Bay street, diS-tf Savnnnah. Ga. Alfbed R. Bennett, I N Y nrk Tea. C. Van Pelt, / wew * orlc Chab. H. Bennett, Raleigh, N.C. Bennett, Van Felt & Co., COMMISSION MERCHANTS FOB TBE SALE OF tATTON TOBACCO, NAVAL STORES, fTS.,1 ALSO, FOR THE PURCHASE AND SALE OF STATE AND OTHER STOCKS, ' 33 Whitehall St., New Yorlc, The projected Brunswick and Florida Railroad ran nlng through the southeast part, offers great facility for removing to the seaboard the fine cypress, pine and other timber to be found on this lot, and a hand some sum may be had from the Railroad Company lor the privilege of running their cars.through it. Arrangements may also be satlsfectorflyentered into with them (the Railroad Company) for making it a wood station to supply their locomotives with fuel. A stream of water runs through tht9 laud, and lov ers of the piscatorial art can indulge their fancy at all seasons of the yesr.- The quality of the soil in Lowndes county is too highly appreciated for any comments to be made on the above. TITLES CLEAR—The winner paying for the trans fer of the same to his name, and he (the winner) Is to pay also one hundred dollars to the Savannah Fe male Orphan Aaylnm. The present owner of the land pledges himself to give one hundred dollars to the Savannah Metropolitan Fire Company, if all tbe subscriptions are taken np. Subscription—Tickets, six thousand in nnmber, at one dollar each. Can be purchased at the Music Store of j. C. SCHREINER A SON, Congress street, Savannah, Georgia, where a Plat of the above named Land can be seen. , a9-tf AARON WILBUR, Agent No. 89 Bay Street TIIK G-REAT SOUTHERN AND WESTERN Life and Accident - INSURANCE COMPANY ew Orleans- Capital, $300,000 GEN. JAMES LOKGSTREET.Presiieit.' We have associated-with us Mr.D. W. Cdbtis, late Public Treasurer for North Carolina. n9-fim g. el Lamar, jun., Successor toG. B. & G. W. Lamae, General GofnmissigfcMerchants Forwarding aid Stripping Agents, "Ko. 1*3 BAY* STREET (up stairs.) Defer to Geo. W. Anderson, John C. Fcrrll and G. B. Lamar, Savannah ; W. R.' Jackson, Josiah Sibley k Sons, J B. and J. W. Walker, AUgusta. Consign ments solicited. mylO JAMES B. DAWKINS, Atiorney-at-Law and Solicitor in Equity, GAINESVILLE, EAST FLORIDA. li.lawly 1 SHARES Central Railroad and Banking Com- A t> i pany Stock 38 shares Havanas!) A Augusta Railroad Stock 5 shares Ralontoo branch Railroad Mock. 82 thures Atlantic k Gulf Railroad Stock ' 1‘JahareB Savannah Gas Company Stock 3ifl0 City of Savannah Bonds -. u For sale by BRIGHASf, BALDWIN A CO. myll-tf CRUTCHES WU awarded at t he American TSXZSSknmLmdState Fairot Pa, 18*5, for Crotches Hartman’s Patent Elastic Rubber Crutcnc* are nrouounced by surgeons, and everybody else, to be the verv best ever Invented. They are easy and con- . « naMlnoia'nl tha ttarona Jnamat others, aud we in ell respe< . . _ circular Agents wanted everywhere LOVEJOY A TAYLOR, sole Manufacturers, No. 41 Gy, Broadway N. Y. x' 6m-n23 Lumber Yard and Planing Mill. urjt the undersigned, have formed a co| H f&j' J ipaitnaiabip for the purpose of building cars, planing and dealing <0 lmnner. Having control of several mills, we are prepared to flit orders at short notice. Lum ber planod to order and delivered in any .part of the city. The business will be carried on in tpe name of; J. J. Dale A Co., at corner Price and near the A. k G. depot, , bovannah, Ga. v. • JAMBS F. HOBSON. a!0-2m* JOHN MoDONOUGH. J. J. DALE. First-class Board, tl/ iTH or without Rooms; also; Stable and Rooms * v in the rear. Apply at 114 Bryan street, op- poaite th. Market, to myi Bryan street, op- MRS. K. VICK. Copartnership Notice. VHR eopartn.rdMp heretofore exfeting under tbe a name of Comstock 4k Kinsey, will continue aft this date under the linn name or - •fit* T. L. KINSEY A CO. ABE PKZPABID TO TAKE RISKS Reamouable Tori my21-tf WILLIAM C. COSENS, Agent, At Marine Bank. LIFE INSURANCE'. THE KNICKERBOCKER LIFE INSURANCE CO. OFN.Y. SoatGern Branci Office, 89 Bay St., SAVANNAH, GA. Wilbur, - BLANCEVILLE SLATE HUONG COMP Y, VAN WERT, POLK OO., OA. dlp’1 stock, *000,00o - shares, $to EACH. OiEmEoiOaa—H. Brigham, J. F. Dever, E. C. Gran. nim,.A Whbaznad A- K. ManhaU. n f - Pkaidxht—A. Wilbur. Savannah, Ga. Fwn Faiauiaa repR. C. Gramriss,Macon, Ga. BgimEEABr—A. B. Maiahall, Atlanta, Ga. iT will' soon be prepared to fill any ^ Hate, however large, foe roofing, lot furniture mxnufoctnred out of slate, for lintels, for pnvemeaAaad fsr any other msea to which slate can be applied. The qonny ia convenient to the cities of Atlanta, Augusta, Macon, Many and Columbus. Ga.-. to the. duesanfclaak.Montgomery and Mobile, Ala.; to New Orleaua, and will shortly be to Mem yhia hia.tadfi. Lsnis, Mo. The superiority: sfote for roofing puruoeea, and. Ita special adaptabl e to varioua articles ot Tarnltufe ana for pavement. well known. Orders may be addressed to ' ’ ’ ’ A. B. MARSHALL. Secy, W .itfilli; : Atlanta. G R EATS OUTHEftN |EB , 1 etockoT Ledger; ’ Papen, of ill siawand weights; also, Cwd Boards, Prlnte/a’ Caroa, Rnvefoi [files Jmml Ga. constantlvon hand aMtWrepptag : v ; .« jw bi tfi ttgelrtsArectltam the ianm ahR lo eqropefe with New York all hiadi of papas No Extra Charge for Southern Residence, ONE KATE OF PREMIUM AT.!, THE UNITED STATES. OVER ERr-Policies written at this office in anv form de sired. '«# THE OGLETHORPE INSURANCE CO. OF SAVANNAH Arc prepared to take '* . Fire Ms os Reasonable Terms, At their Office, 11T Bay Street. H. W. MERCER, President. J. T. Thomas, Sec.' H..W. Mercer C. S. Hardee William Hunter A. 8. nartridge A. Porter ' R. Morgan J. Stoddard J. T. Thomas W. Remshart F. L. Gne H. A. Crane A. A Solomons M. Hamilton W. W. Gordon a my T-tf Direotorff: M. 8. Cohen J. Lama ' J. W. Kevttt * D G. Puree A. Fnllarton J. McMahon L. i. Gullmartin * F. W. Sims 1 O. Bntler R. Lanhlison E. P. Claton, Augusta J. W. Knott. Macon B. F. Ross, Macon W. H. Young, CotomhaM (Lato Steele A Burl 1-1 Merchants’ Row, , And corner King and Otorg* ^tALLS the attention of WhotoMUh and Caps, Field Glasses, Oanatlsfa, J* & nfeii J. W. STEELE, km of IF chosen to his superior stock of MUiUiry ai?;d Navrfl Clothing, FURW8HINQ 600D8,