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VOLUME XXXVI.] MILLEDGEVILLE, GEORGIA, TUESDAY, MAT 20, I860, NUMBER 43 BOUGHTON,NISBET,BAR\ t E & MOORE Publishers and Proprietors. m. IV. BOI’GIITAV, joa. II. IVISBK r, Editor* %\t Jitbttal llniait Js ‘published Weekly, in Mill edged lie, (hi., Corner of Hancock fif Wilkinson Sts., At- $3 a year in Advance. ADVERTISING. TmiaiEXT.—One Dollar per square of ten line, for each insertion , . ...... Tributes of respect. Resolutions by Societies, (tM.it- narics exceeding six lines, Nominations for office C-om- muni cat ions or E iitorial notices for individual benefit,) charged as transient advertising. Leoal Advertising. Sheriffs sales, per levy often lines, oi less, “ Mortgage fi fa sales per square,- Tax Collector’s Sales, per square, Citations for Letters of Administration, “ «« “ Guardianship, Letters of application for dism’n from Adm’n »« “ “ Guard’n Appl’n for leave to sell land, Notices to Debtors and Creditors, Sales of land, 4-c.,per square, “ perishable property, 10 days, per square Estray Notices, 30 days, Foreclosure of Mortgage, per sq . each time, LEGAL ADVERTISEMENTS. $2 50 5 00 5 00 3 00 3 00 4 50 3 00 5 00 3 00 5 00 I 50 3 00 i Goveraar J«»rph E. Br»vi'i Argument on the Law,rr'a Te«l Oath, before Judge Erokine, of the Enilrd Sllalr. Dialrict Court for Ceorgin, at Navannnb. In tlie United States District Court, Thursday, Judge Erskine, according to appointment, heard t lie arguments of Judge Law and Ex-Gov. Jos. E. Brown upon the unconstitutionally of the Test Oath, as applicable to lawyers ; the ques tion having arisen from the motion of the Hon. Wrn. Law, to be permitted to con tinue his practice in the Court in which he had practiced for forty nine years, without taking the oath. May it phase your Honor : I am well aware of the great impor- tinceof the question now under considera tion. He who detiies the validity of a solemn act of Congress on account of its unconstitiitionglily, should do so with diference and respect for the department of the Government by which it is enacted, as well as for the judicial tribunal which is asked to declare it null and void. I trust I approach this question in a proper spirit, and with proper motives. In what I have to say I state in advance, that it is not my intention to reflect in the slight est degree upon the conduct,’ or to question the motives of any officer of the Govern ment. After the scenes of anarcbv and ciary, whose duty it is to hold the scales against the violation by Congress of thic of justice in equipoise, as well between great first principle. But this protection the citizen and tlie Government, as be- is carefully provided in the fifth articlo of tween citizen and citizen, will vindicate the amendments, proposed at the first the majesty of the law, and maintain the' session of the first' Congress, which was good faith and justice of the Government, adopted iu these words : by declaring all such enactments as vio- No person shall be held to answer for a late the fundamental law, inoperative, null," 1 capital or otherw-ise infamous crime, unless and void. | on a presentment or indictment of a grand Let us apply these great principles to jury; except cases arising in the land or the case now before yonr Honor. An 1 uaval forces, or in the militia when in ac attorney of this Court, whose name has ; tual service in time of war or public dan- appeared upon the rolls as an officer of j ger ; nor shall any person be subject for Court for nearly fifty years, whoso private | the same offence to be twice put in jeo- and professional character are of the most i pardy of life or limb ; nor shall he he earn elevated rank ; who has filled with distiuc- j pel led in any criminal case to be a witness tion the position of a Judge; who was a ■ against himself, or be deprived of life, Union man as long as there was a possi i liberty, or property without due process bility of preventing the rupture; who I of law, nor shall private property be ta- never bore arms against the Government I ken for public use without just compen- of the United States, or hold office under j sation. the Confederate States ; who has violated j This is the fundamental law of this no rule of the common law ; committed : land, and any act of congress in violation no contempt of Court ; collected no money ! of it is inoperative, null and void, aud it which he has refused to pay over; acted ! is the solemn doty of the courts so to de in bail faith to no client; nor has he been i clare it. And I beg your Honor to bear charged, indicted, or convicted under j in mind, that this article of the Coustua- any penal law of this State, or of the ! lion not only denies to Congress the power United States ; and has received a full • to compel any one to be a witness to crimi- pardon fiom the President of the United j nate himself, but it declares plainly and by laws provide f«rr the forfeiture of the estate of a person attained of treason, hut then only during his life time. There can be no forfeiture, even for treason, till there is a conviction, and the moment the person convicted is executed the for- cident to the office of sheriff, and could not by any law or contrivance be taken away from him. If the King’s grant of snch incident of fice was void, and so held by his own courts, and it could not be taken away from the principal office by any law or ' feitrirfe is at an end. And as there can be contrivance, it follows that the King and ( n0 corruption of blood, the estate, if in- Parliament together could not rightfullyj heritable,immediately descends to his le- do it \\ here then does the Congress of gaTheirs or devisees. In no other instance, the United States, restrained by a written (hAt occurs to me now, does the Constita- Constitution, get power to do that which i Don gire Congress the power to forfeit the the King and Parliament together in Great ! estate or pr0 p e ity of any one. for any of Britain,-without such restraint, have no ; fence whatever, except in the case of power to do ? 1 lie office of county clerk judges aiu f other officers, oil conviction on in England which from time immemorial impeachment, which woiks a forfeiture of ha-s been in incident of the office of Slier j {heir estates in their offices, but of no oth- itl, is certainly no more inseparably con- \ er property or estates, and never before ueeted with the sheriff’s office than is the conviction. office of attorney in this country with that j Congress has, therefore, no right to de-. of the courts, and yet the transcendent| p r j ve an y lawyer of bis estate in his office, power of the King and Parliament cannot, j 0 r of any other property, (not needed for without the utter disregard of all principle j public use upon just compensation) until and precedent, deprive the principal office j he has been convicted. Nor has Congress of the control of the incident. | any right to make him a witness to prove I do not deny that Congress may lay bis own guilt, or to draw any inference of down general rules regulating the proceed- j 1)is own puilt from hi 8 refusal to answer. confusion through which we have passed, 1 gu : I feel much gratified to see military rule j ovee more give place fo civil; and to see 1 the courts once more thrown open for the Sties of Lind, See.., by Administrators, Executore or ; redresg of grievances and the general ad Guardiaus, are required by lawtB be held on the lirst .. . . b „ . . T , ° . Tuesday iu the month; between the hours of 10 in the ' ministration of justice. 1 trust they may forenoon and three iu the atteruoou, at the Com. house . never again be compelled to give place to in the couuty in which the property id situated. . -l , .... i r\c Notice of these sales must be given iu a public ga- J military tribunals, or military rule. Of •ette 40 days previous to the duy ot sale. the peace and quiet which is being re- Notices for the sale of personal property must be | sforc ,. tf) t))e cnuntry I wou lJ Kay as ,| ie given in like maouer 10 days previous to sale <laj. | .. t J . . Notices to the debtors and creditors of an estute groat English Commentator says ot his must also be punished 40 days. .j government, Estu perpetual In the dis- Notiee that application will bemadetothe Court ot , ° . , . 11 . Ordinary tor leave to sell Land, Ac.,must be publish- I CUSSlon of this question I am satisfied teat ed for two mouths. ! reason and authority are more in demand CUaUon* for letters of Administration Guardians!,,p, j dcc l amation or even eloquence. If States for any and every act which might, J positively that no one shall he deprived of\ ings of the courts, and the conduct of! ry Sorter’s lieports, 3S1.J even by implication, be construed as a , life, liberty, or property without due pro- j attorneys; but I do deny that it cau, with- But sup Ac., must be published 30 days—for dismission from Administration, monthly six months—tor dismission from Guardiaustiip, 40 days. Rules for foreclosure of Mortgage must be published monthly for four months—for establishing lost papers, for the full space of three months—for compelling titles from Executors or administrators, where bond has been given oy the deceased, the full space ot three months. Publications will always be continued according to these, the legal requirements, unless otherwise or dered. Book and Job work, of all kinds, PROMPTLY AND NEATLY EXECUTED AT THIS OFFICE. CF* When a subscriber finds a cross mark on his paper he will know that his subscription has expired, or is about to expire, and must be renew ed if he wishes the paper continued. Ey" We do not send receipts to new subscri bers. If they receive the paper they may i^now that we have received the money. Cy* Subscribers wishing their papers changed from one post-office to another muSt state the name of the post-office irom which they wish it changed. COUNTING HOUSE CALENDAR, 18G6. isavsT” MS, I? 3 ! «. 3 = = 5 £. c , c.; a O a o' s' 2 1 5 '>< 3. 2 -•* ? " i g-i: :-5 3 i ilii« ?i;!i cd I • I • J • j; ; : : I jj_|! _____ Ja.s’t. 1 2 3 4 5 CJi-LT. 7 8 9 10 1] 12 13. 14 15 16 17.8I 9 20i 21 22 23 24 25 Z6*7j .>28 29 30 311 I 1, 2 3 I possessed the latter, which I do not claim, this is not the proper occasion for its display. As I have copied most of the authorities which I cite literally, and as they are numerous, and I have, not access at present to 6ome of the books from which they are taken, I shall read them with the exception ot some three or four, from the manuscript copy which I have before me. It is solemnly declared in the great charter of English liberty, that no tree- man shall be taken, imprisoned, or dis seized of bis freehold or liberties, or free .customs, or be outlawed or exiled, or otherwise destroyed or condemned, but by lawful judgment of his peers, or by the law of the land. Judge Blackstone says of this provision in the great charter, that it protected eve ry individual of the nation in the free eu- joyment of his life, his liberty, and his property unless declared to be forfeited by the judgment of his peers, or the law of the land. [Com. v«l. 4, page 424.J Again, iu vol. 1, page 139, he says: And by a variety of ancient statutes, it is enacted ! that no man’s lands or goods shall be seiz- i ed into the king’s hands against the great ' charter and the law of the land; and that i no man shall Le disinherited, nor put out j • • ; ; ; : 1 of franchises or freehold, unless he be | duly brought to answer, and be forejudged \ 1 2 a, 4 5 6 7 1 by course of law; and if anything be done | 8 9 10 II !i? | to the contrary, it shall he redressed aud i 15 16 17 18 19 20 21 .. , - ’ • X £ .111 r i “ s rt holden for none Mr. Vattel, in his standard work upon 1 •’r ,! rI J 7! s ! 9 lo AtcrsT 5 6",^ d '«!' 1 the law of nations, page 33, while treating i it 1213 14;!5'l6 17 !« J?21 22232425 ' ‘lie principal objects of Good Govern 262728292031 [mint, says: The society is established; 2-J 23 24 25 26 27 28 29 30 31 jl 2 3 4 8 9 lo II 18 19 20 21 22 23 24 25 26 27 28 j i j 4 5 6 7 8 9 1" Sept’r 11 12 13 1445 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3b I ' i 1 ' ' , Arm i 2 a 4 5 6 < OcToa r , 8 9 10 H 12,13,14 15 16 17 18 *9:20 21) 22 23 2* 25 26.27128) Soiaoj lit I. ! l 2 3' 4: 5, I 6 7, 8 9 10 11 12 Novr. 13 1415 16 1718 19 i20 21 22 23 24 25 2i> •27:28 29 30 31, J 3 4i 5 6 7 8 1 9 Decem 10 11112 13 14 15 16 17 18 19 2021 2223, 124 25 26 27 28 29 30 „ _ „ * with a view of procuring to those who are o 3 4 5 0 7 8l. , . 1 t? . - jj, j, jw 13 15 ; its members, the necessaries, conveniences, 16 17 18 19 2021 22 and even pleasures of life, and, iu general, 23 24 25 2t>2/ 28 29 | ev g ry thing necessary to their happiness f enabling each individual peaceably 1 2 3 4 5 6 Mat. Junk. h 9 10 II 12 13 : t 0 enjoy his own property, and to obtain it 22-23242526 27 ; justice with safety and certainty. 28 29 3<i 31) | ) j Again, he says: The State ought to t 2 3 eDcoura ge labor, to animate industry, to a ft 6 7 o y Id • 1 ' 1 45678 1,1213 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ■ , ! V I J 8 o' 3! 4, 5 6 q 10 II 12 13 14 15 1 li; 17 18 12 20 21 22 23 24 25)26 27 28 29 ; « 31 ! Mil SPRING & SIMMER GOODS ! A. NEW Stock, just rcceiv.O,at H. TIN8LEY’8, Agent MilledgeviUe, March 12th, 1866. 32 ti J. W. RABUN & CO., AND COMMISSION MERCHANTS. 140 BAY STREET, SAVANNAH, GA. J. W. Rabun, P. H. Wood. April 24th, JH66. 38 tf L. CARRINGTON, General igeat at Milledgevillc, OR the transaction of any and all x connected with the Skat of GoVEI ) N ” t -g ed He will furnish certified copies of any A . ct8 P““ e “ F_ by the Legulatnre, will exlmine and give correct information of the Land Books, Ac., &c. Terms m °MmSieville, April 2d, 1966. 35 REMOVED- HE undersigned Laving rented and now occu pying the rooms at the east en DARIEN BANK BUILDING, where he can be found at all bonrs, ready to settle any claims dne him, and receive procee Bftmc, many of them bejing old enough o * am anxious to settle all old accounts an ^ Books balanced. I shall expect and insist on my Old friends calling on me, as I am ^ on them, not bavmg been oat of my va .t last Christmas day. va qt April tftb, »BW. T encourage labor, to animate industry, to excite abilities, to propose honors, re- | wards, privileges, and so to order mat- j teis that every one may live by bis indus- j try * It is laid down in the Declaration of American Independence, as a self-evident i truth, that all men are endowed by their ! Greater with certain inalienable rights; j that among these are life liberty, and the I pursuit of happiness : that to secure these j rights, governments are instituted among men, deriving their just powers from the ! consent of the governed, i By the above quotations, and others ! that might be added, which are doubtless ! familiar to your Honor, it will be seen, ! that the celebrated Charter of English liberty, the language of the great Euro pean author, and the American Declara tion of Independence, all concur in lay ing down as fundamental principles, which underlie the structure of good government in every free State, which no legislative body has a right to igm^e, disregard, or violate; that it is the duty of the Govern ment not only to encourage labor and stimulate industry, but to so order matters that every man may live by his industry ; and that the pursuit of happiness in every innocent manner agreeable to his inclina tions—the exercise of honest industry in any trade or profession which he may select for the purpose of procuring a. live lihood ; the acquisition of property by his labor, and the protection by government of his life, liberty, person, and property against every illegal or unjust violation, or invasion, are inherent inalienable rights of the citizen or subject, which no government can disregard or violate with out incurring the just censure of enlighten ed reason for the exercise ot tyranny and oppression. But if the legislative de partment of the Government, no matter by wbat motive it may be actuated, should so far transcend the proper boun daries which have been prescribed to its authority, as to invade these sacred rights, protected as they are by a Jaw higher than its enactments, it is the pride of oar system, that an .independent jodi- ev violation of the law, because be cannot take a test oath that he never “aided, coun selled, countenanced, or encouraged any one who bore arms against the United States,” is to be driven from the bar, unless your Honor can protect his rights by the decision which you may feel it your duty to pronounce in this case. VVbile he refuses to titke the test oath, who says he has been guilty of rebellion, or treason, or other crime or misdemeanor, prohibited by any law of the Uni<ed States? What officer of the Government stands here as his accuser, and upon wbat charge, and specifications ? AVhat provis ion of the penal code has he violated, and when and where did he do it, and who are the witnesses against him ? What grand jury has indicted him, and upon what charge? What petit jury has found him guilty ? What Judge has pronounced sentence upon him, and w hen was it done, ami where is the tecord ? One of the fundamental maxims of the common law, which has been approved by the ablest jurists, and sanctioned by the wisdom of’ ages, is, that every man shall be innocent till the contrary is pro ven. The attorney is entitled to the bene fit of this salutary rule. He stands before you to-day as did the woman over eigh teen hundred years ago,♦lefore the judge of all the earth, with no accuser, and 1 trust the judgment of your Honor will be, neither do I accuse thee. He stands with the presumption of innocence in his favor, and as no proof is offered to the contrary, that presumption becomes conclusive.— How then is this Court to puuish him by the forfeiture of his property in his profession, and by taking' from him his means of livelihood for the com mission of an offence, of which the presumption of innocence, by a rule of law which you cannot disregard, is con clusive in his favor ? Such a proceeding would not only violate the great priuci pies of magna charta, but would be sub versive of the \ ery foundations upon which our system o£ government, rests. I11 place of the salutary rule above mention ed, which has been consecrated by the wisdom of ages, it rvould establish the contrary one, that every man is presumed to be guilty of a criminal violatiou of the law until he proves his own inocence If he has been guilty of no crime, all must agree that lie should suffer uo penalty or forfeiture. The very fact that it is pro posed to forfeit his right to practice liis profession for his support, presupposes, contrary to the truth, that his guilt has been established before a court of compe tent jurisdiction. Otherwise the forfei ture is an unwarrantable and defenceless violation of the great principles of or ganic law, laid down by the high authori ties which I have quoted, and recognized by every enlightened jurist who has lived under free institutions, in every age. But it may be said that large numbers of persons, aud among them many law yers, have been guilty of treason, or of encouraging rebellion against the Gov ernment of the United States ; and that Congress has adopted this mode of com pelling each to discover under oath wheth er he is one of the number; and if he refuses to make the discovery, that lie shall be presumed to be guilty, a<d the confiscation of his property in his pro- out usurpation, destroy the constituted courts, or deprive them of their legitimate control over the attorney; or that it cau deprive the attorney of his office when he cess of laic, giving pioperty precisely the same protection which.it gives life or liber- ty - , I Has an attorney at law a property in his profession? If so, the Constitution j of the United States, as well as Magna • Charta, declares that be shall not be 1 deprived of it without due process ofj law. An attorney at law is an officer belong- \ ing to the courts of justice. |1 Bacon's I unhesitatingly, that there does not, unless Abr. 474 J An officer is one who is lawful- he Jias foifeited it by his own misconduct, ly invested with an office. [7 Bacon’s in the violation of the law of the land, or; Abr. 279.) Officers who have a right to ; the rules of the court, of which he must I exercise a public or private employment, have been convicted by due course of law, and to take the fees and emoluments when the court of which he is an officer, , thereto belonging, are also incorporeal and to which alone he is amenable, may hereditaments, whether public, as those of strike his name from the rolls. As he is ; magistrates, or private, as of bailiffs, re admitted by the court as an officer of the. ceivers. and the like. For a man may court, without limitation as to time, or du- ; have an estate in them, either to himself ring good behavior, he may hold the office and his heirs, or for life, or fora term of for life unless he forfeits it by misbeha- j years, or for during pleasure only ? vior, of which be can never be convicted ppose 1 were to admit that Con gress does possess this power in time of war, and that the act was valid during the war, how does that deprive the lawyer of his office now / The war is at an end ; has been convicted ot violating neither the an( ] b0 proclaimed by onrnonle, patriotic laws of the land, nor the rules of the ; President, whose bold stand in favor of coa “' # _ j {he restoration of constitutional liberty to But I may be asked, if there exists no t p e w j, 0 ] e country will endear his name to power in the Government to deprive an posterity when the marble which may be attorney of bis right to practice? I reply, ^ p l ace( l over his mortal remains shall have ! crumbled to dust.—The war is not only I at an end, but the whole South has ac quiesced in good faith in the results; and her sons, whose honor is as stainless as their gallantry upon the battle field was ; conspicuous, have pledged that honor, un der the solemnity of an oath for their fu ture loyalty. - That pledge will never be violate d. I think your Honor will not accuse me of vaiu boasting when I say I know something of the feelings and senti ments ol the people of Georgia, and I tell you to-day, that, whatever may have been yol. 7. j opinions as to the original abstract question of the right of secession, they have abandoned it forever. Since the days of Jefferson and Hamilton, it has been, so to speak* a litigated question, and there was but one court which had juria- diclion to pronounce an authoritative de- without trial. In Bacon’s Abr page 308, the law on this subject is laid down in the following clear and strong lan guage : “If an office be granted to a man to have and enjoy so long as he shall behave him self well in it, thegrautee hath an estate f Blackstone’s Com 36.J By these quotations, it appears that a mau may have an estate in an office. VYbat is the meaning of the word estate ? In its most extensive sense, it is applied to signify everything in which riches or fortune may consist, and includes personal aud real property. [Bouvier’s Law Doc. of freehold in the office; for since nothing c j s jon in the 'case that 516.J According to Judge Blackstone, hereditaments are a species of estate, and he declares an office to he an incorporeal hereditament. An attorney at law is then, according to the authorities, an officer of the courts, legally invested with an office That office is an estate, which may be for life, or holds his office. And it is precisely the parties were ably represented. The case for a term of years, or during pleasure, same by which the English Judges and : -g decided; the judgment is against us. That estale is property. And the Consti- Judges of the Courts of the United States 1 \y e b ave already paid an enormous bill of tution of the United States says no one hold their offices. Who ever heard of a : shall be deprived oijrroperty without due ‘ Judge of the United States. Courts hav- j process of law. : ing been dismissed from office without pre- j It matters not whether it is attempted vious trial and conviction of misbehavior / j to be done by means of a test oath, com- I will now proceed to show, (while the pelling a party to criminate himself, or in mode of trial is not the same,) this is the what imaginable form, other than by duo rule applied by courts to attorneys: An process of law, it is alike void, whatever attorney may be struck from the rolls for but his misbehaviors can determine li is in terests. no man can fix a shorter term than his life; since it must be his own act (which the law does not presume to fore see,) which only can make his estate of shorter continuance than his life.” This is the tenure by which the lawyer was the high Court of Appeals, recognized by all na tions as of universal jurisdiction, where grave litigated questions between States or communities, that no otber court has power to adjudicate are in the last resort 'decided by wager of battle. This ease has been carried before the court. Both may be the means resorted to for its ac- any ill piactice, attended with fraud aud complishment. "What power then has Congress to deprive an attorney of his property in his profession, simply because he refuses to swear whether he has or has not vi* lated the criminal law of the land, when he has neither been charged with, indicted, or convicted of any such viola tion. 1 deny that it has any such right. corruption, and committed against the ob vious rules of justice and common honesty [1 Bacon's Abr., 586 ] % This is the general rule of law upon the subject; but as the following quotations will show, he will be heard when the charge has been preferred, and must be conflicted before he will be deprived of his This attempt is in violation of the funda-, office : mental law, as expounded by the highest j When an attorney has been fradulently authorities, and is absurd within itseT; and admitted; or competed after admissiou of I know of no role governing courts which felony or other offence, which renders him could justify your Honor in the enforce- unfit to be continued as an attorney, he ment of any such enactment. The statute , may be struck off the rolls, is a nullity, and must, in my opinion, be And if an attorney practices after he so held whenever and wherever it is has been convicted of forgery, pcijupy, brought iu question before any intelligent subornation of perjury, or common bara- court. I further invite your Honor’s attention authority, page 508 to the fact, that the office of Attorney and An atlorney will be struck from the Counsellor 16 recognized as well by the f rolls when ho has been convicted of subor- Constitution and laws oi the United States as by the common law. In the Gtlx article of the amendments j to the Constitution, it ia declared, that in ; all criminal prosecutions the accused shall , enjoy the right of a speedy and public j trial by an impartial jury of the State, or’ district wherein the crimes shall have been committed; to be informed of the nature | and cause of the accusation; to be confiont- • cost. But we acquiesce in'the result, and swear before Heaven that we will abide ! by it in good faith. J Admit then, for the purpose of the' ar gument, that the law was valid during the j war, and where is its binding force now ; that the war is at an end ? In that view ’ of it, we have the very case laid down in the books where the reason of the law t having ceased, the law itself ceases: I have already shown, I trust to the satisfaction of the court, that tbe office of ) a lawyer or his right to practice his pro- I fessiou is property, and as such that it is I protected by the Constitution of the Uni- i ted States, and that he cannot be depri ved of it without due process of law. If Congress has power to deprive bim of his property on his refusal to take a test oath, tbe tender of which it will not be preten ded in due process of law, it has tbe same power to deprive him of bis library, his dwelling house, choses en action, and any aud all other property he may possess, till he takes tbe oath, and, it be can never take it, the confiscation of his whole prop- try, he is liable to be transported, [Same g r ty na a y become complete and perpetual, .ntknnto ,.ooro f.ntt I wit front indictment, trial by jury, or con viction of any offence whatever. Again, if Congress has power to deprive a lawyer of his property in his office till he takes a test oath, it has the same pow er to prohibit auy citizen from following any otber profession or avocation till he has done the same. If it had power to enact this law, it has the same power to ) vaty, alter, or ameud it at pleasure. If 1 it may constitutionally do what it has nation of perjury, fl McCord’s C. Keps 379.J But the Court will not proceed against such attorney before conviction. [2 Hal- sted, 162.J An Attorney convicted of felony and puriii-hed for it was struck off ibe rolls, j Exparte Brownall Cowper’s Reps. 829.J On a mere allegation that an attorney has been guilty of larceny, hts name will fessiou should be the penalty. Truly, ■ w itb the witnesses against him; to have j not be stricken off tbe rolls: his convic compulsory process for obtaining witnesses tion must precede. [Bacon’s Abr. 506.J this is what Congress has attempted to do, but upon what principle, and by what right 1 If be has been guilty of a crime, it is the right of the Government to have him prosecuted, convicted, and punished by tbe judgment, of his peers, or the law of the laud ; but without such conviction, the infliction ot corporal punishment upon him, or the confiscation of his estate, or in his favor, and to have the assistance of counsel for his defence The judicial act of 1789 provides, that in all the courts of the United States tbe parties may plead aDd manage their own causes personally; or by tbe assistance of any such counsel or attorney at law as by the rules of said court respectively, shall done; as the freedom of religion has no higher guaranty ia tbe Constitution than tbe protection of property; it may pass a law that no one shall preach the Gospel These are the rules which govern in ca- J till be has sworn that he believes baptism immersiou tbe only mode; or'it may enact that no one shall practice medicine till he has taken an oath that he nevei ses when it is proposed to strike an attor ney from the rolls for a violation of public law, which will only be done upon his any part thereof, is unauthorized tyranny ; lie permitted to manage or conduct causes nor has the Government any right to com pel him to appear and give testimony against himself, to aid it in procuring such conviction. Nemo tenebafui prodere se ipsum is the well established rule of the common law, and is ttius expounded by a very able and accurate Americau author ; That when the answer will have a tenden cy to expose the witness to a penal lia bility, or to any kind of punishment, or to a criminal charge, or to a forfeiture of his estate, the witness is not bound to ans- tberein. The court will observe that the Con gress of 1789 did net attempt to prescribe the qualifications of the* attorney, or to say who shall or shall not, practice in the courts, or for what cause an attorney shall be stricken from the rolls. That is left as it should be, to tbe courts or principal officer, to which the office of attorney is incident, to be determined by rtile of courts. Tbe officer of attorney at law is clearly wer. And if the fact to which he is in- i incident to that of a court, or of the judge terrogated forms but one link in the chain I or judges of the court; and tbe incident of testimony which is to convict him, be; officer is only amenable to the principal is protected. And if the witness declines answering, no inference of the tiuth of the fact is peimitted to be drawn from that circumstance. [ I Greenl. Ev., sec. 451— 453 J Tue Constitution of the United States, as originally formed, contained no pro vision guranteeing to the citizen protection officer, and may be removed by him. Con gress has no snch powers. In 7 Bacon’s Abr. 284, and the cases there cited, the iaw upon this subject is laid down in tbe following words : Wherever an office is incident to anoth er, such incident office is regularly grauta- ble by him who hath the principal office, conviction of such violation. Ashe is an ! will use opium in his practice,'or that no officer of the court, and amenable to th court, he may be struck for a willful vio lation of a rule of court, when bis act in volves criminality, or for a willful con tempt of court, but never without a hear ing, nor until his guilt is established. But I may be told that the Congress of the United States, in time of war, may seize and confiscate the property, whether in an office or any otber kind, of a citizen surpected of disloyalty, or having aided in rebellion, and deprive him of liberty or property till he has proved, or, at least, sworn to bis innocence. 1 deny it. Con gress has no right to violate the Constitu tion, either in peace or war. The rule laid down in the Constitution, in plain language, is this: No person shall be held to answer for a capital or otherwise infamous crime uuless on a pre sentment or indictment of a grand jury. The exception of tbe rule is, that persons in the land or naval forces, and persons in the militia, when in actual service, in lime of war or public danger, may be held to an swer without such iudictment or present ment of a grand jury. Nor can Congress one shall plow till he has filed his affidavit that be will never use a turning plow, as the Creator placed the soil on top of the ground where it should remain; or the par ty in power iu Congress, no matter which it may be, may prescribe a test oatb that no person shall ever vote again who docs not make oatb that be never voted for the other party; and may justify it upon tbe ground at least satisfactory to itself, that its principles are the only true principles of the government, and that the public good imperatively requires that they be earried out in practice, whleh might not be done withou; the aid of the oath. Let the judiciary sustain this 888ump< tion of power by Congress, and. it may close the courts in the South indefi nitely; shut the doors of the churches; stop every spindle of the manufactur er; queuch the fires of every furnace in blast; lock the doors of the mer chant, and drive the plowman from bis honest labor—all by the simple Appliance of tbe test oatb, [Concluded on 4thpOft.)