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


THE LAW AGAINST DuELLlNG
High Co.rt ef .1efeais. Noven,ber l6. 1910.
TucKER-J.
On former day OF this term, Mr. Leigh. a
gentleman. Who has practise<i as an attorney and
counsel tor several years 10 the district courts
county courts, and coart of chancery, made mo
e'on to bs permitted to practise in this court
gus slioa was prcpoGndesl, whether he s,ust take
ehe oath prescribed by the act Of the last session
ter tie suppression Of duelling was of opinion,
that he couid not be permitted to practise +, this
court without taking that oath NV opinion was
bounded upon these principles that an attorney
NAV rs pxtfsc officer that his liceuce is only
an incnoate step To office that he becomes an
oncer an that court, only, in which he Qualities as
tfe law directs that hts admission 10 practise in
ose court does not authorize hia to prsctise in A.
ny Other Court, without the pes>nission of such
oshcr court, and taking the same oaths therein as
~ ne iM never been permitted to practise in onr
ssner- lhat such an admission was equivalent 10
an GHfo,ntnsesf, inasnuch as he thereby become,
an oMcer OF that particular court: that the pol.
cy al the act Ter sr.n-r.s.nr si,.elnr ..x4Ar.,.i
Is well to snch officers. to any Other officer un
der tins commonwealth.
ihsve attended to the arguments which have
oeen since offered by Mr.. Leigh, in opposition to
that opinion, and have examined sucl, of the a.,
snornies cited by him as could get access to =
dursts case, Naym Sc, Cd, which "a the sam.
cas- az IN Lev. rs, Lid 94,IKeb. GAG asa
S31' 5os, 6l5, not to meution the AUTHORITY of
iuage blackstone, Com. IS, clearly proves. that
fI5lie oi6csr ;otherwise, a aaando,,,y, would ~,
he 10 restore him The whole context of our act
concerning counsel and attornies at law, between
whom there is no distinction in this eountrv
proves the same thing to my spprene nsion. They
ssYsct 70 penalties to which mo pyioate citi.
Il,
ample sufiice-The lawyers practising IN ,ie ;n.
1efof courts may demand tor An ooiaioa or adr;c.
%hsre no sur Is brought or prosecuted or de fen.
ueo' ny tie attorney giving such advice, bu, No.
etherwse. one dollar and sixty seven cents those
ue geaerai court three dollars fifty eight cents.
TOT ADVICE under the same restriction, And owe :
ny iswyer, exscting, taking, receiving or aem,n.
u'Ig any greater fee, or other reward is sub;ec.
Yea 20 an heavy penalty. Under what colous ~,
Pretekt, could The Legislature impose nens,,v
on any other than fs6ic officer, for demandins-
s'u fsceisingE an hundred or thousand dollars.
70 any person wiling to pay for IL.
~ then, the Office of an attorney or counsel, .,
law De prblic file, 1t must De an oAoe or 49,
Vneey fte eo7,l,norIveath which briggs IL w h
enc words OF the act II matters not bv whom
tue appointment may be conferred, or ia what
manner the Hleestiture is made whether the L..
g,slsture, the executive or the cour, a..o;nt.
caHffs 10 an Office, the Office or place is held ar
exercised under the authority of the common
wealth e 'oiiinoh
IN she point ofunconsttutionalty, Ineyer have
uouotec' nor ever shall controvert the power of
@ t gu" 20 consider and deoide,- whether any
ACT OF the legislature be contrary to the conss;tG
tion OF the state, or Of the u. S. or otherw;se -
MY reasons and opinions on this subject bov.
long been before tie pubic shall not ,herefore
repes, them But on the present occasion. have
MOI ieit, nor do feel, the smallest doub, of the
4 q uflFf he q.
Ject OF winch appears 10 me, the prevention of a
great moral and growing evll and the provisions
of II, so tar as have had occasion TO consider
them, well calculated to advance the benefit, ne
society, and suppress the evil
tibet cfore feel no reason TO depart from the n.
pin,on which FIRST delivered, that the oat,, pre-
scribed by that act must be taken by every gen
tieman, who may wish TO practice in this court.
previous to his admission. -
ROANE, 7.
l had seen cause 10 doubt of the correctness
of the sudden and off-handed opinion given IN
this case, long before had heard MIR LeieII,s
argument That opinion was formed and deli
Serea upon an insulated view ofthe subject. and
under circumstances which prccluded due
consideration Of the question. ] shall ever deem
1t more honorable, as it is, undoubtedly, more
useful, TO retract than 10 adhere TO an hastv
or incorrect opinion
( An attorney is defined to be, one who is set in
IS PiaCe Oh aot'ler ana he Is either bu6LIc,
attorney at law, OF priuate, being delegated to
yct for another, in private contracts or agreements
Il BAG 237, Go. Lin. 50 } With respect to these
public attornies, or attornies at law, in order to
ensure due degree fprobity and kno Wedge in
their profession, so Indispensable to persons ct
ing In that Character, none are Peymtteato act as
such, but those who are allowed by the Judges
10 be skilled in the law, and certified by The court
of the county of their residence to be persons of
honesty, probity and good demeanor. AS fur
Their guard against improper practices in their
profession, they are required to take the oath
prescribed by the act upon this subject. But for
the injury arising to the public, in general, from
the want OF skill in the profession, aud the danger
o. abuses on the part of persons whose professi-
on peculiarly enables them thereto, no legislative
Interference would be necessary to distinguish
these public sttornies FROM the private attor1ies
before mentioned nor, Oil any other ground.
would il be just to sbridge the general right of
our citizens to employ any person whatsoever.
as their attorney, at their pleasure. Having OBJ.
famed the sanction of thoss two tribunals touch.
ing these two particulars, an attorney is iceused
or dii0Soed 60 practice and the court. have also
"a continuing control over them, with power 10 re-
woke their licenses for unworthy practices or be-
hayiour But the licensing Judges cannot be said
to elect or sppoinp an attorney lie cSn per-
laps, only be said to be appointed by the par.
ticuiar clients, WHO, after lie is licensed, may Sc.
veraiIy employ him. This Result is entirely JUS
tilted by view Of the act Concerning attJrnies
ut Law and COUNSEL Rev. Code 90, IN which
these functonuries are no where said to be cleo
ted or appointed either by the government or
the licensing Judges, BOr arc their functions any