The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-12-04

OK tbs privy council. touching the Scoer Of ne
Legisiatureto sbridge and circun,scribe the
number ofthose, from whom the people have re
served to themselves the right to make theire
tecooas INTO those important stations ;-they will
remain to be decided by the proper tribunals
when they occur, upon full aud solemn delbe
ration :--whether the act before us fills Within
this descrption----and whether il be censur.l
BILE or not on the ground Of abrdging the Just and
constitutional rights of the people, thro' the me
dunn OF an agent. who as jet has committed no
offence whstsoever,--when, undoubtedly, the
Legislature only meant to imp penalty up
ON tue oHrnJer hinssey - will be tAtn to be con-
s'dered and decided AT present, am very far
from having any conclusive opiuon upon it.
FLEMING, Pres
The act under consideration being a compulso
~ law (however salutsry It may be imposing on
The officers OF government, an oath unknown to
the former Laws of the state, Of u S. although
there be no pecupiary penalty indicted on those
who refuse to take the oath therein prescribed
Icannot but consider it as penal statute, and as
snca, must give il strict Interpretation 1t ap-
pears to me therefore, that eracfioacys of the law
are not conprehended in the act, under these
words" every person who shall be appointed to
aoy otf'ce or place, civil or military, under the
commonwealth. shalL in addition tn the oath "
prescribed by law, take the following OATH" Sc.
The practice of the law is a Profession, which c.
very citizen of the state, having complied with
certain requisites of the act OF 1892, chap II,
may take up, engage in, and exercise, according
to his own will and pleasure; and which he may
lay down, and resume, as oftsu as to him NAV
seem convenient. without any responsibility for
h's conduct in so dong. The language or word
ing I'd the latter sentence in the oath evinces, to
mysmind. that the practitioners of the law were
not III the contemplation OF the legislature. The
officer tskng the oath after swearing %, that he
hath not been engaged in duel. by sending or
accepting challenge to fight duel, or by fight
ing duel, or IN any other manner in violation of
the act, since the passage thereof" is further to
swear. that che Soi not be concerned, directly
or indirectly, IN such duel, during his continuance
IN Office which, in my conception, has no aiiu
sion 10 tydctihoners of tue law: but admitting
they are comprehended in the act, it has, or ought
| to have, prospective, and not retrospective,
operation; and cannot affect officers of any ees
eriton. appointed to Office prior to the tassIge of
fhat act which construe, as ifthe phraseology
OF the clause had been thus" Every person.
who. after the passing Of this act, shall be cotorn
ted to any Office, civil or military under tins com
monwealth, snail take the oath, &c. as tbs rein
prescribed" And Cannot conceive that orac
fitoner of the law of nine or ten years standing.
qualifying to exercise his profession In court.
where he bad been unused To practise, can be AN
GPPointnrene to an Office, civil or military, under
the commonwealth" am, therefore, of opinion,
that MIR Leigh may be admitted 10 practise at this
bar, without taking the oath prescribed by the
act to suppress lueiIng