The enquirer — Richmond, Va., 1810-11-30 00:00:00, page 1

C~T Publish'd hy Thomas Ritchie, nearly op
posite the Globe Tavern, Richmaiut, Virginia.
. rr CONDITION.'?.—Five dollars a year, f°
5-' paid annually in advance. Those who with to
be considered as annual subscribers, must hereafter
designate it at the time of subscribing, otherwise
their papers will be discontinued at the expiration
* of the first year.
J .._!■?'■.» ..——T* ■ —
Merino sheep; m—The public sale
of ONE HUNDRED
MP!)I\TA GTTPPn
muuiiiv/ uiiLUJi)
Which was advertised to take place at Fairfield,
011 the 3d instant, is POSTPONED to a future
day. of which due notice will he given.
Interim, those who are disposal to purchase at
'* PRIVATE SALE, \flll please apply »o
M. Cr B MYERS,
OR TO
SAMUEL MYERS,
October 2. tf
IRBY, DRAKE & TAYLOR, have rocei
ved by the late arrivals from London and
Liverpool, a large Assortment of Fall Goods,
which they arc disposed to sell low for cash or
acceptances in Town
ON CONSIGNMENT :
100 Tons best Swedish Iron assorted, and 300
9«sks London Porter.
October 30 tf
THE GRAND LODGE OF VIRGINIA,
WILL meet,in the Mason’s Hall, in the city
of Richmond, at 6 o’clock in the evening
pf the second Monday, in December next.
November 13. tf
NOTICE.—Ail persona who have claims a
gainst the Estate of Peter Tinsley,
deceased, are requested to send in their accounts
immedistely to the subscriber, and all those in.
debted to s.lid estate are intreated to make
-speedy payment to
JAMES BROWN, Tr. Jdm'r
October 9. tf
I ^HOSE persons wishing supplies of COAL
from the Deep Run Pits, will be pleased to
leave their orders at my Counting Room, where
a measure is kept for the convenience of such as
wish to have their cpal measured from the wag.
gons. M W HANCOCK.
October 16 tf
IS/VAC KIM MF, son of Walter Kimmy, who
lived in Petersburg, Virginia, at the begin
ning of the Revolutionary War, is very desirous
of being informed whether any descendant of
the family is yet alive. He resides near to Ge
neva, in the state of New York, to which place
a letter may be conveyed by mail.
» November 20. 2m
NOTICE - A PETITION will be presented
to the General Assembly, at their next
session, praying for an amendment to the Man
chester Turnpike Law.
November 20. 5t
public are respectfully informed, that
ft THE GENTLEMAN'S NEW POCK
ET COMPANION, on the subject of Horses,
by a gentleman of Surry county, Virginia, which
* has been so liberally subscribed to, will go to
press so soon as the engravings are executed.
November 13 lm
THE S. G. Chapter of Virginia, will assem
ble in the Masons' Hull.' in the city of Rich
mond, the second Monday in December next, at
5 o’clock, P. VI. whet a the deputations from t.ne
several subordinate chapters, are requested to
give their attendance.
November 23._ 2w
GLOBE TAVERN.—Ten or twelve members
J» the Legislature m-iv be accommodated
■wiiii board on reasonable terms.
P, MOSELET
November 27- 2t
TR&ASURT DEPARTMENT,
May 23. 1810
WHEREAS in conformity with the provi
sions imde by 1> w fur the reimbursement
©f tin* Exchanged Six Pei' Cint. Stock, created by
the second section of the act, entitled, u An act.
‘ supplementary to the act, intituled an act making
provision for the redemption of Hie whole oP the
public debt of the United States," passed on the
11th day of February, 18*17, it has been determin
cd by the Commission.r* of the Sinking Fund,
Viat the residue of the Principal of said Stock
should be reimbursed on the first day of January
next ; Pttbtic Notice is therefore given tortile
Proprietor^* the Certificates of Exchanged Six
Ter Cent Stock, created by the act aforesaid, that
the principal of the whole amount of slid stock,
not heretofore reimbursed, will, on surrender of
the certificates, be paid on the first day of Janua
ry, 1811, to the respective stockholders, or their
legal representatives or ntlomiej duly constitu
• ted, either at the Treasury or at the Loan Office
where In ■ stock lima to be reimbursed, may then
Stand credited to the proprietors thereof.
It is farther made known for the information of
the parties concerned, lb it no transfers ofeerti
fieates .of Exchanged Six Per Cent. Stock from the
books oi the Treasury, or of any Commissioner
of Loans, will i-e allowed after the first day of
December next; and that the interest on the
whole amount o| said stock will cease and deter
mine on the day preceding the day hereby fixed
lor the i eimbuisement thereof
ALBERT GALLATIN,
m Secretary oj the Treasury.
_ June 8 _rntj.
T3hiva je ex BRTAINMSIT, newr the Swan
Tavern, an* vithm two hundred yards of
the Capitol —The subscriber having fitted up, at
some considerable expence, a situation calculated
for tile reception of families travelling members
ol the Assembly, and resident individuals, res
pectfully solicits the attention of his friends
anil the public.
It baa been generally remarked, that a eomfor
table Hoarding-House, in Richmond, of this des
cription might meet with deserved success : the
subscriber therefore earnestly requests the favor
ol trial, at)>l flatters tiimseif llial his endeavors
to pleas? will meet with that approbition anden
coui ,g_ment be is so solicit us to m* ru
BENJAMIN DENNIS.
sovenW 13__ ttnl
NO l 1CL — Piie subscriber baa rented, and
removed ins Counting Room to the large i
JT* Jnck Lumber Ho is-, near Sliockoe W are
Hon *•. and 1 ,tciy occupied i>y Mr. James C. An
tlion. T os house is calculated to store up
w.cds o» J00 iiogsH'*adi of Tobacco, and seversl
til i-an.l barred, ot rio.tr ; it is suuated conveni
ent to *h<*bssi.i *il the nnid, ant! rendered neenre
from ike by being covered with til-.
• .. . , THOMAS GUY.
Hi onto no, Sep 21. 3^, I
n l a :,* k s.
or IVl.iY MKSO’ll frtoi*,
S.ltlE .IT THIS OFT WE. j
"p1 ALL GOODS-RUSSELL & WAL
LACE, have just received by the Dispatch
from Liverpool, lfj bales Woolens, consisting of
Cf<»ths, twilled Costings and Blankets, and Flan
nels, to he sold only by the bale.
Likewise by the Levant—
24 Boxes Window Glass, 12 by 15 & 15 by 18
1 Cask Scythe Blades assorted
18 doz. Spades and Shovels.
Likewise by the John and Adam from London :
40 Pieces best twilled Sacking
1 Case Manchester stud's, assorted colours
*000 LK Seine Twine
1 Trunk Threads, assorted colors, from No
10 to No. 16
The above GOODS will be sold reasonable,
for cash or acceptances in town, 90 days.
Likewise two ton GERMAN STEEL.
October 12. 12w
T^OMPKINS & MURRAY, have received
-*• by »he Sliip <iverie, their Fall supply of
LONDON GOODS, containing a great variety
of articles, suited to the season, among them are.
Diaper and Damask Table Cloths and Napkin*!
an elegant assortment,
Scotch Holl aid Sheeting of very supefipr quality
Superfine Cloths and Cassimercs do do do
Dolman’s Bond Street Hats do do do
Carpets <lo do dp
Irish Sheeting, Linen and Long Lawn.
They are in daily expectation of receiving, by
the brig Cora, from Liverpool, their fall supply
of Course Woollens, Hardware, Cutlery, &c &c
which wil| fepder their assortment very com
plets J
October 33. tf
Gardenings farming —Wants a*•
tuation a p.*r*on from Europe, well ac
qu.tinted with Gardening and Farming— All let
tors directad to A. B. and left at this office, will
be duly attended to.
November 13. 2aw4w
BY virtue ot a deed of trust, executed to the
subscriber, by John McBride ; Will be sold,
on the premises, on Monday the 3d day of next
month, for cash, the Brick HOUSES & LOTS,
c‘lY,• ^,e one ®l present occupied bv the
said McBride, and the other by Mr. Cbas. Blag
rove, or so much thereof as will he sufficient t<>
pay the amount of the several debts, interest and
costs, for which t;ie same is bound.
Wm. D. WREN, Trustee.
November 23. t(js
Kitije inquirer.
RICHMOND, NOVEMBER 30, 1810.
FOR THE E.YQUIRER.
THE LAW AGAINST DUELLING.
IN 7'BE HIGH COURT OF APPEALS Op FIR*
GINIA. NOVEMBER 16. 1810.
Exfiarte Watkins Leigh.
Mr. Leigh having on a former day of this
tern} asked permission to qualify as counsel |
at this bar, it was then resolved by the
whole court, that in addition to the oaths of
qualification heretofore usual in such cases,
he must take the oath prescribed in the 3d
section of the late act to suppress duelling .
which he said he would consider of, and for
the time declined.——And now, by leave of
the court, he again moved to be admitted to
the bar, on his taking (he usual oaths, with
out the additional one last mentioned. II*
flattered himself he should be able to con_
vince the court, that its first impression on
this subject, formed and expressed as it was,
without argument and on the sudden, was
incorrect; in which if he should have the
mi luuc lubuctccu, ne snouci nave no
doubt or apprehension, which would
preponderate with that tribunal, the love of
justice or the pride of con sistency.
The act directs, “that from and after the
pas-tug thereof, every person, who shall be
appointed to any office or place, civil or
military, under this Commonwealth, *h<-di
in addition to the oath now preset ibed by
law, take the oath” therein prescribed.
Mr Leigh insisted, that the practice oi
law was not an office or place under the
commonwealth within the meaning of the
act ——that the act intended public • ffic.e j
only, and not private ones of any kind.
I agree, said he, it is laid down, generally,
that attornies at law in England are in a 1
points officers of the respective courts in
which they are admitted. —3 Blac Com• 26.
But their character of officers of court in
England, is derived from certain restrict!
oils they are under, and privilagcs they en
joy, in that country, unknown in this_
In England, attoi nies cannot be bail in ci
vil cases; nor can attornies at law practise
as solicitors in Chancery ; nor attornies in
one of the courts of Westminster in anv
other; nor can they be called to the bar,
'till struck off the roll of attornies; nor, it
once admitted barristers, enrolled a3 attor
nies again, 'till disbarred at their inns of
court ; and they must not only be examined
and sworn (as here) hut must be enrolled, &
must have served five years previous appren.
ticeship as attorney’s clerks. Doug.114,466,7.
3 Blac. Com. ubi supra. Stat 4 Henry, 4
cap. 18. 2 cap 23. Geo. 2. cap 27 12 Geo
2. cap. 13. 22 Georgs 2, cap 46 23 Geo.
2. cap 26. 30 George 2, cap. 19.-On
the other hand, attornies cannot, regularly,
he field to special bail; they must be sued
by bill, not by original ; they can only he
sued in the courts they belong to; and they
are exempt from serving in offices they may
be elected to against their inclina*ion. — »
Doug. 312. 1 Bac. Jibr. 191. T limym
179. 1 Dev. 265 And to prove that this
character of officers of court attached to
attornies in England, springs from these re
stfictions and privileges, Mr. Leigh re
marked, that (King** counsel excepted)
sergeants and barristers at law, who art
subject to no such restrictions and have no
such privileges, take no oath of office, and
at e not deemed officers of court. 3 Blac.
Com. ±3, Now, in Virginia, no such re
strictions or privileges exist; here attur .
nies are counski.. In England too, it was
fni merly lieul, that Httornit*<i were compel*
lable to act. Co. Litt. 295 b. But it has
been since adjudged, that an attorney is
not compellable to appear fir any one, tin
iess he take his fee, or back the warrant. 1
Salk. 37 And even if the law. as stated
by Sir Edward Coke, has not been thus ex
ploded; still counsel were never thought
Compellable to act (lUrg. Co. Litt. ubi
fira, n. 1) and as,in Virginia, the characters
attorney and counsel aie tn&epara
bly blended in the same person, so that one
cannot be engaged as attornet, without
being also engaged as counsel in which
latter capacity he is, on no principle, com.
pellable to act -at results, that no part
ot the profession is s > compellable in this
country. Attornies. therefore, are no
more officers of court here, than counsel
aie in England A class of men ihe\ are
J indeed. in this !D rr.»»ntnr
concerned, i-t the julministra' i a nf ju9ticef
to whose diligence, integrity, ability and ho
nor much is necessarily confided while from
situation they are exposed to peculiar temp
tation; and on that account subjec<ed
to examination and probation, sworn to do
their duty, regulated by rules of policy and
practice, and liable to summary punishment
and privation for unworthiness or mi scon
duct. But these, their only traits of
THE OFFICER KNOWN TO OUR I.AW, they
have ui common with jurors : jurors, as wel l
as attornies, are necessary in our system of
jurisprudence-are selected-sworn
regulated--and summarily punishable for
.misbehavior. Attornies, therefore, arc no
more than jurors, officers of court in Vir
ginia.
But granting that attornies are on the same
footing here as in England-that they are
officers of court ; still, Mr Leigh contep
ded, they are not public officers within this
act.
In fixing the legal construction of this our
test, said he, I could not, for curiosity, for
bear looking into the construction put by
English legislators and lawyers, on their
corporation, test and abjuration acts; "which !
are known to have been enforced and in
terpreted in a spirit, that the most rigo
rous expounder ot our test, cannot except
against. . And here every thing confirmed
my prwition.
By the test act, Stat. 25 Car. 2, cap. 2, it
was enacted. “ t*hat every person, that shall
bear any office, civil or military, or shall
receive ^ny salary, fee or wages, by reason
ot any grant from his majesty, o** shall have
command or filace of trust under his majes
ty or by his authority, or by authority deri
■vcd from him, within England,” 8cc. shall
t ike the oaths of supremacy, 8cc. Now,
within this*statute (of which the words are
stronger than those of ours) it seems, a,tor_
nies and counsel were not supposed to be in
eluded, as holding offices or filaces of trust
under the king, or under authority derived
from him } otherwise parliament would not
have thought it necessary to subject them to
the test by a special statute, as they did by
7 fic 8 Will. 3. cap.24 7
By tfie abjuration act, 13 Will 3. cap 6,
it was enacted ••thateveiy person, who
•hail bear any office,civil or military or shall
receive any pay by reason of any grant trom
his majesty or shall have command or fuac*
of trust under his majesty or by authority
derived from him within England, dec. and
all ecclesiastical persons, members of col
leges.&c and all person teaching pupils, &c.
and all preachers, &c. and every persomhat
shall act as a sergeant at law. counsellor,
barrrister, advocate, attorney, solicitor,
clerk or notary, by practising as such in any
court, shall within three months ai er they
enter upon such office, or take ulion (hem
such firactice"-ake .lie oath Jt abjura
tion, 8cc. Upon which Mr. L. emarked
'.hai .i.e a .erna.ive words (or take ufion iht m
such firactice) platmy referred to tin le
a a l c h a it ac t E r s before mentioned - jml
.shewed thai me parhamem did not dc»ir.
their profession, nor was it genet ai y under
3to.xl to be. AN OFFICE OR PLACE UNDER
government; .1 they had th .,g s,,
hose w .1 ds Would not have been inserted.
And by the corporation act, 13 Car 2.
stat. 2. Cap. 1. it was enacted, ‘ nat no
per son shall be placed or chosen in any of
ace ot mayor, alderman, recorder, bailiff,
town cle-k. common council man. or other
' “ice ot magistracy,placet '.rust, or employ
ment, concerning the government of any ci
ty, borough, cinque port, and their members,
or other port town, that shall not within one
y eai next bgfure such choice have taken”
the oaths of supremacy. &c and in default
thereof every such placing and choice is cle
claied void, Mr. 1,. thought, that if ana
words would include the atiornies of corpo
ration courts, as officers or placemen, those
of tmsstatute would. Yet it had been ex
pi cssl\ adjudged, that an attorney was not
an officer within that act. T Raym 5(5 94
*• c Sid. 94. 152. 1 Keb. 349 354 387 558
675 Which he to >k to be a direct decision
of the very point now in discussion. In all
the notices of this case, the only question ev
er raised was, whether an attorneyship was
such a place, as that a mandamus would lav
to restore one to it-and it is decided.
that of an attorneyship in the common bench
to which the profession here is in that res
pect analagous, no mandamus in any case
would lie, because of the court’s summary
power of removal ; but no doubt was ever
eutei mined, that the attorney was not within
the corporation act.-It had boen even
doubted, whether a censor of the college
of physicians, (who by the acts of incur
poration, stat. 32 Hen. 8. cap. 40. and
\ Mar. stat. 2. cap. 9. must be sworn in of
free, is compellable to officiate, and Is vested
with large powers of fine and imprisonment)
was a public oj/ierr within this corpora
tion act 5 Mod. 431.
1 he English lawyers, judges, and parlia^
ment, therefore, in the utmost fury of religi
ous zeal, gave not to stronger words so
large an inter pretation, as had been given
to the jar weaker words of our act to sup
press duelling
lint, said Mr. I, a reference to our mvn
institutions will place the true meaning of
this statu e in a yet more striking light ;
and ascertain, beyond doubt, the justness ot
tne construction I contend for.
i ne act itself furnishes one clear crife
non ot it*’ meaning. When the legislature
unlaws, 'hat an < fficer snail take an Path to
r >s*rve a pirticnlar law during his cousin
nance in office (such are the w-rds of the
oa’h) “urr|y it allude.'o such offices as ore
won, to hr formally tesigaed and vacated
I his act ihetefore, multi not have alluUed to
the practice of the 1 .w, of which an actual!
i-i/MgiM i n is unheard of. It is true, judici-1
aj and s *ne other offices, arc frum obvious \
'is (
policy, incompatible with such practice ;
hut if the incompatible office ne abandoned,
professional rights are ifiso facto restored.
If, for example, a judge of this court were
to resign his station, surely he might resume
his practice in his former courts, without
. qualifying anew.
It must be agreed, that if the profession of
the law be an office or place under the com
monwealth at all, it is a lucrative one. ———
Now. the constitution of Virginia expressly
provides, *J»a? a!] persens “ hold'"" 1_?•••
live offices, shall be incapable of being elect
cd members of either house of .assembly or the
pnvy council.” art. 14. If then the con
struction I am controverting, be right, law
ye> s are excluded from the assembly Sc the
council Yet the framers of the constitution, j
most ot whom sat in the first assembly under
it, and their successors ever since, never |
(as we know) had any such idea. The 1
whole practice of the Constitution from its*
origin to thisday—the contemporaneous, the
present, the constant exposition of it, re
futes this inference ; and by consequence,
explodes that construction, of which it is the
direct induction- . hat aitornies are of
ficers under government. I never heard of
but one doubt on this point, which was sta-t j
ed by one member of the last assembly. '
Nay. some of our aolest men have much *
doubted, whether the appointment of state’s 1
a'torney in the county courts, is an office
under government. In the senate, the neg
alive was resolved in Mr* Doddridge’s case ;
in Mr Campbell’s, the affirmative : in the
other house, I remember no precedent,
tho the case to my knowledge has often oc
cuned.
Some may attempt to obviate this last ar
gument, by taking a distinction between of.
fices under the constitution and under the
commonwealth ; and though it be loo subtle
for the vision and grasp of mv mind, yet
should it occur, it will be put to test bv con
sidering, that this principle of the consiituti
restrained to offices ot rs’ own pro.
viding—that the clause itself recognizes c.7
lucrative offices-and that, tho’ the profes
sson of the law is hot mentioned by the con
stitution, yet it depends on courts of consti
tutional organization
Agaiiv, by the constitution of the U. S. art.
1. sec. 6 cl. 2. * No person holding any of
nee tinder the U. S. shall be a menioer of
either house during hia continuance in tj_
Jtce. Is it, or lias it ever been, thought that,
lit leby, tiie bar of the federal courts are ex
cluded from congress ?
One instance more—By the act of 1788,
new Kev. Code, p. 40 *• The members of
the congress of the U. S.—& all persons who
snail hold any legislative, executive, or ju
d'Ctal office, or other lucrative office what
soevrr, under the authority of the U. S.
shall be ineligible to. and incapable of hold
ing any seat in either house of the general
assembly, or any legislative, executive, or
judicial office, or o».l> r lucrative office what
soever, under the government ot this c.un
man wealth. ' And by the act of 1799, lb p
39„ • No person holding or occupying any
ojjiLe or filace, or any commission or ap
pointment whatsoever civil nr miiitaiv
u.otr the author, y of the U. S. whe'he'r
any pay or emolument be attached to such of
hce, place, commission or appointment, or
otherwise, or accepting or receiving any e
molument whatsoever from the U. S. shall
lie capable of being elected to or holding any
office, I gislat.ve, executive, or judicial, or
a..y o lei office, place, or appoint mem ot
ins, or profit,under the government of this
c. m nonwealth ”
isnw, it lawyers in the state courts are
• thcers or placemen under the common
we tl h, lawyers in the federal courts arc so
under the U S. and are. by the statutes just
i ecued excluded, not only from all political
and military s ate offices, but from he state
bar also. If I am .o be excluded from this
_fo'' refusing this test, the gentlemen or
the federal bar, must be disbarred in the
s ate courts. Yet it was never imagined—
even the keen sighted jcalou.sV which pro
cluced these laws, nevvr imagined-’hat
mu'1 4 conclusion could grow out of them.
1 be objection has eluded rhe sagacity of all
our statesmen, lawyers, judges—of all con
cerned in devising, making, executing those
laws. In fiae, it never occurred as a po*si
ble opinion, that lawyers of the state or fed
eial bar, are officers under the state or fed
eral government; otherwise, doubtless, the
exception made by those laws, in favoi of
county justices and militia officers, would
have been extended to them.
We mtis’. suppose the legislature acquaint
ed with the terms, principles, and spirit of
our laws—- -with the English leR4l language
and doctrine, the basis of our own_much
more with our particular institutions, and
with the universal practical construction of
them ; that when u uses particular language,
it usesi it in the tense affixed to it, by he
English jurists by tl.« state and national
cons itutions, by former laws, by coolant
practice under them all, and by ifir univer
sa! understanding of the public in previous
ch all concurrinpj, •
Mr. L. knew of only two objection* to his
aigument, v.mrh had been deduced f.om <wr :
own laws smd usages. One was, that under
« general provision, that all officer* of gov
ernment Mni\ take the oath of allegiance,;
the member* of the bar, state and federal, I
have been always held bound p* take that
na'h ; that is, they have been held to be I
officer, under government. But this object
ti.-n, Mr. L shewed, was founded on a plain
mistake m point of fact : it was hot from
any such reasoning or inference, but from
positive, and express provision, that the pro
tfs mn had been required to take the r ath 1
?! “llf'f>,*incc to he state i ;• to the union_|
Kev. crale, pp 55 95, Ijaw» U. S. 1 Con*' 1
I Seas. cap. 20. Sf‘ct. 3J. p. 74. a Ddi m, 1
*99. \et he hid been well in formed, that 1
tn s was the chief, if not the #'<,«> ground of 1
the opinion of those most respectable jude- i
es of t.ie gcneiaf court, who, cor.fr mug on <
"3 on June last, hastily concluded, 1
f ia> the profr. ssjon was within the 3rd see- jl
tmn of the act to suppress due Bing. So1!
true it must forever prove, ih.it the ;*ws of I
nature, as unlike as they are. above .hose of I'
m?m* fnlcrate no exception ; Un.f tfi,v the!
most enlightened mn.ds at e not exempt from
• hat .lability to error ordained of all that is
luMom ' Another objection' was, that the*'
' <* # rVJl < ,« . ,
. . , - r „y
| act of 1792. cap. 71. Sect 2. directs that
[counsel and attnrn.es “ shall take an ohi/L
j of office namely—.** I do solemnly swear,
that 1 will honestly demean mysel in the
, practice of the law, as counsel nr atti r ey
| and will in all rcspec's <*xecut»- ufR.cc
! according to the best of my know l;dVand
abilities.” This objection, M« L ii' upht.
hardly needed an answer. Ji (»< g’d tho
wlioie question in de >ale. The lawyer*
swears, he will execute his office ? what of.
fire? he nr«Ct?C* of the law And hi*
brought it back to the first point--the na
ture ot that office. Office the.c meant no
rno.e than duty An office had been de
nneq to be a right to exercise a public or
private employment, and to take the fees
and emoluments thereunto belonging_whe
tiler public, as Mint of magistrate ; or pri
vate. as ot b il'ff. receiver, or the like ®
B.ac. Com. 36. I admit. *aid Mr L. hat iri
a large sen>e, an atton ey at law is an offi
cer——-so js an attorney in fact—an admi
lustra or—a physician—and who not ? Ia
the largest -TnsC. ever duty is an __
,*■ ,us* ,|,e h,,es' treatise of ancient phi
losophy, that has been -aved from the beau
tit.il, and admired ruins of antiquity, is cal'
led by i*s author and his countrymen, Cice-1
ro de officii8 ; bv us. Tulty's offices' The
question here is, no whether -tie practice
ot the law be an office but whether r he
(as tl»e chiet .Tus-ict says, i Mod 4321a.
public office or nyr ? | know no be»*«r cri 1
tenon of a public office, than that menion
ed by counsel in t .arth. 478 •« hat ’tis a
rule, that where one m \n has to d with a
not her man’s affirs against his will, and
without his leave, that is an office, and ho
who is in it an i fficet r which I bee
leave to add, that to every public office, be
long duties, to which 1 h*- officer 01 his s r '
yams only are competent, ahd to which ho
is Compellable. But an attorney or coun
sellor in Viigmta, may oi may not be era.
ployed, may or may not engage his services,
at the public or his own pleasure Try it
by another test ; •• ii may be said once for
all, says Sir Edward Coke, non .user of it
SCI,, 'vunou. some special damage, is no
foHr.ture of private ffi e ; but no,..user og
fiubhc 'ffices which concern the administra
inn ot justic or the ,• ninionwealth is of
itself a caiiie of forfeiture.” Co. Lilt 033
a. Now as. certainly, non user is no forlei
to e of toe office ot a lawyer, it is no. ^
ftublic office concerning the administration
of justice or the commonwealth. And Co
m>us, in enumerating the officers of the
court of Kn.g4? bencii and com non pleas
pretermits Hie profession altogether
Com Dig 279 1 Ibid. 598
but even though the practice of the la*
weie an office o, place under the common
wealth. win,in the meaning of-his act • Mr
L said he war not bound to take ffie oath
winch those office!s only were to take. who
should be aft/i .lined after the flashing of
act. He could coi.ee ,v, no - tiler appoint
mtmt of a lawyer hi this country (what o
tlier was there?) ihan -he licence. His H
cence w.is ol eight years standing Hta
case, theicore, was not within the w. ids
"r spirit of lie act And the
would have had good reason to make such,
a difference. A young man had a fair and.
tree election, to take, or o lorrgo, the n ,
fession wuh its condiiions —other, and o
p n roads to lame and fortune lay b f. <•
min : while one whose d-stim in life •„ t3
fixed, had no suph need..,,, of choice and
dugiu nm to bt thus required, ex/io.t fac
to ,o subscribe new terms, or abandon his
only means ..I uniaig a livelihood.
n.il V , , e cons'.iUKu.naliiy of
' *a l,adT^V.‘ ln.„, the
he., ,1 pondered it,* the deeper impress,ora
• had made nnl.ism.nd Our consiitutiora
ft1.* 14) provided that certain "officers
(Jodoc •, attorney general and secretary*
s:’ -h Lav, fixed iiid adequate salaries; and
tyge.i.er with all others bolding lucrative ofi
hces. and all members of .he gospel of eve
<y denomination, [,c incapable of being e"
atcied membersol cither house of assembly
nr the pnvy council." Now. these being
‘ ,e or,*y caastitini >nal disqual.fications the
strong implication was, that the-e should
»e no orntir And there would be no
doubt oli , bu. for ana,her provision ol the
Constitution-" that dr cgites and sena
tes shall be chosen of such men as actuate
ly -eside in, and are JreeholdcrH t*f me
counti y district, or duly qua Jed accor
ding to law Art. 5. 6. As -o „ ..oh, \lr.
, remark, d lint thi-sp very word> were
plainly mean, ,/im a qualificat. n ; other,
wise, the whole p-.sx ge hud ax' well |> en
him tied, and tin. 3,ihj -c W ft en ireiy to le
gislative disc e ,on : hence the phrase or
duly qualified according l0 /„•«,. must infer
■o some ,Mr...x,v. n co--a f„ tirc
laAs I hen, as he conceived, that phraxn
st.d. pp ed merely < free h .Ul re* ; so
" res1tr:,un lhe P°'»er of change, if any was
intended, to that point, only Mr L I art
heet, informed, as matter >1 liiiltorvand
he believed, that those alternative wo.ds
referred to certain sections of t lie common
wealth, the ci teens -.f which had, at he
M-ne, no freehold fill«-s in tin ir landx, or .it
teas: imperfect ones, and jet were du '4
qualified oy lav/ '<> tlt.c and In- elected * Z
Ui mis iiiiormation, however. I,e presum
ed neither to v» urh for -he tru ii m>r o
wer,i! the imp. r anee If he words a he
rnny.i u , n -eie doubtful i s spnji could
lot b<- n, staken If the leg,da u.r might
«!d one n-w disqualification, hey migh'i add
nanv ; multiply liaabilt ies without end •
1 q» <!"y whole ci.xtricts or clas es of w n
jy peisoualor Inca! description; make an
tcademica! degree or evpii a piwmussef.
nce in one of its own tenth-*. a neces,u;y
pmlnca on; a-d thus convert me p- v
nment into an digit an_f' .thte tre
nc.ilo-n power fNse:l'«. all,' ,, w,a
lo indi ss and uncoil to.able an the win.is e
md disx partil at hurt all < u oml . r»ti
)Hi o| a writ ftn Cons ituticn, lat» the Klo
•v. 5-on tie id.e tea t \Wi c.i
.t'f s. 1 hese test I iws particularly. Were
<x first weapons y> r»g oppression w a
llwrn : we:p*v,s l he „K c o(l on!,
il’Ce, tho’ bribed ut-d p usenetl, neu-iif
—* * * * • * - 14
See ordinances of ror,r..-n, ion. i;/4 ^
KCt. H v • 3t whir iSfvTs.o
he t,-,«*o A .or t*ci c'ii of dewt’*. ‘ •>