The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-30
[No. 50.

4
that will honestly demean mysel in the
practice of the law. AS Counsel q, atttr CIV
ana viii IN all respects execute ~, Office
according TO the best of my know dye and
ab'litiss. This objection, M. l. thgmobf
hardly needed an answer II bcp'd ,hs
whole question in de5ale. The IawveT
swears. he will execute his Office Whist Of.
! nee ihc practice nf the law And his
brought il back 10 the first point-the ma
fure OF that office. Office there meant no
more than duty An office had been 70
fined to be a right to exercise a pnblc o,s
private employment, aud to take the fees
ana emolnments thereunto belonging-whe-
tncr public, as that of magistrate or pri-
vate as OF bailIff receiver. or the like .
biac. Com. So. admit. said Mr. L. hat 10
a large sense, an attorney at law is an o(,;.I
cer----so is an attorney in fact-an admit
nistra ora physcan-and who M, +,
the largest sense. ever dufy is an Office -
mus The finest treatise of ancien, nh;
iosnphy that has been sa,ed from the beau
tifnl, and admired ruins of ANTIQUITY. is cal
led by its author and his countrymen. or.
70 de c6iciis by us, 2uhy's Offices The
question: mere is, no whether In. pract;ce.
OF The law be an office bit whe,her i, he
(as the chief iusict says s Mod 432) q.
hn6hc Office or not ? know no bei,ar ri;
terlon or a hu5ic office, than that ,uen,;on
ed by Counsel IN Garth. 4z8 that 't;s 3.
rune, that where one man has 10 do with q
bother mans affairs against his win. and
without his leave, that is an Office .pdha
who is in 1t an Officer - t. which I no,
leave 10 add, that to every hu6hc o6fce he
long duties, to which The officer o. ms s4,.
wants only are competent, and TO which he,
Is comPellabie. But an attorney or conn.
seior IN virginia, may OF may not be en-
Pioyed, mayor may not engage his service
at the public or his own pleasure Trv IL
oy another test - il may be said once for
all, says Sir Edward Coke, non. user of II
sell, without some special damage is no.
Iorte ,Sure OF P:lva!e ffices but non.user of
hu6hc Offices which concern the adminic,ra
ION OF justice or the commonwealth, ;s oe
itself a cause of forfeiture" Co. Lit. esS
a. Now as. certainly. non user is no forIe;.I
lure OF the oifice OF a lawyer. it is no, y,
fn6Hc office concerning thc administrator
" JHStfce or me CONFERENCE.-The Aud Col
myns, in enumerating the officers of thu.
court OF King's bench and com non pleas
preeermits the profession altogether. -
Com Dig 279 Ibid. 59S
but even though the practice of the Iay.
were an oftlce or place under the common
wealth, WITHIN The meaning ofthis act /. Mr.
L. said. he was not bound to take the oatb
which those officers only were 10 take. zyho
Shonld De am ,tnied after ihe hassinec ofhA
0ct' ne Could conceive no other sDpoint
ment OF lawyer in ths Country (what n.
ther was there p than he hcence. rs !;
cence was Of eight years standing H;a
case therefore. was not within the wards
or SPIRIT OF he act Add the Iegisl4inr-.
"out 20 nave mad good reason to make such.
uiHsrence. you"g man had fair and
iession with its conditions --othsr IL
pen, roads to fame and fortune Law bcfa,e.
MN wnlle one whose destiny in life yy,s
hHea' Mad no SIGH freedom of choice and
ought not to D. thus required. erhosk far
10 20 subscribe new terms, or abantio. h;e
only means Of earning d livelihood
W sne doubt as che cons.itutional;tv oe
t"is law ;hai had b en- suggested from the
oeach o. RoaHe j. M. L said the moys
nc h"a pohuerea IT. the deeper impression
II had made ON his mind Our conslitution
Cart I'D provided thar certain " osirere
(Jodge', attorney general and secretarvI
s'tl! have flxed aud adequate salaries ana
te'Be'"er win all others Iolding lucrative Of.
noes, ana all members OF the gospel of eve
ny denomination, be incapable of beipy p
'ected members OF either house of assephIv
or the pr'Vy council" Now, these helms.
me oAY con>tituIional disqualifca,ions the
strong implication was, that there should
De NO OTHER And there would be no
tN'"' va - Ou' iur announcer provision o! the
constitution-----' that delegates and sena-
tors shall be chosen of such men as ac,naI
iy reside in, and are IreehoEders of Inc.
c"uat'y or district, or duly quahfed accor-
9nS 10 iaV Art. S. 6. AS 20 ghlch Mr.
l.. remarked hat these view words were
PLAINLY meant toIp 4 qualification other
wise, the whole passage had as wen been
omitted, aud the subjec left entirely to lie
g'slatiVe disc eon " hence the phrase n,
dnly qnahfed according 10 iaw. must refer
20 some pre 4exis'tn. N co.c ~ f,,rro
laws Then, as he conceived. that nhrsse.
standScpp 'Ned merely . /reeh,hi "a 40
o RESTRAIN the power of change, if any was
Intended, to thai point only Mr. +. had
been informed, as matter IT history. and
he believed, that those alternative words
referred 10 certain sections OF the co,on,n,
wealth, the CT liens ui which had at ne.
time, no freehold ttles in their Lands 80
leasJ Imperfect ones, and vet qvere d,IS
qhdffed dy lay 20 cleo and be elected
" 'hIs 'niorma'ion, however. he presum.
ca neither TO vCuch for me tru II nor =
weI5h the Importance II ;he 7uords ~ he
Constitution we're doubtful is spnif Gould
not DC NJ staken Ifthe legisla ure might
add ore new disqualification, hey might add
many multiply disabilities without end
dSqua'ily whole districts or classes If mn
by PEI sonal o. local description make an
acadencal degree or even pr vious ser
v'cc IN one OF It's own bodies. a ueces.atv
qualn1caton and thus convert me 90