The enquirer. [volume] (Richmond, Va.) 1804-1815, 1810-11-30

a Z
IRA. n. ~ and asin Virginia. the character
OF ATTORNEY and COUNSEL are insepara
bly, blended in the same person. so that one
cannot be engaged as ATTORNEY, without
being also engaged as COUNSEL in which
latter capacity he is. on no principle, com !.
Psiiaole to act sit results, that no part
OF the profession is SD compelable in this
country. ATToRNIts, therefore. are no
| more olncers OF Court HERE, than COUNSEL
are In ENGLAND A class of men they are
Indeed IN THIS as well c:...::.r.-
concerned III the administrator IF Justice.
TO whose diiigesce. integrity, ability and no..
nor much IS necessarily cohfided while from
SITUATION they are exposed to peculiar temp
.ation; and ON THAT ACCOUNT subjected
TO examination and probation. sworn TO do
their duty, regulated by rules of policy and
practice. and liable to summary punishment
ana Priyation for unworthiness or miscon
uuct. But these. their ONLY TRAITS OF
| THE OFFICER KNOWN TO OUR LAW, they
nave In Common with jurors Jurors. AS we'll
as attornies, are necessary in our system of
Jurisprudence--are selectcd-sworn-
regulated-and summarily punishable for
tmsoehavior. Attornies, therefore. are 40
| more than jurors, officers of court in Vir
ginia.
| But granting that attornies are on the same
footing here as in Engand-that they are
| ofhcers OF court (; still. Mr. Leigh conten
oed' they are not Public officers within this
act.
LIN liking the legal construction Of this our
test, SAID he. could not, for curiosity, for.
pear 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 spirit, that the most rigo
rous expounder OF our test, cannot except
against. And here every thing confirmed
my position.
by the test act, Stat. IS Car. 2, cap. Q, it
was enacted. that every person, that shall
bear any office, civii or MILITARY, or shall
receive any salary, fee wages, by reason
OF any grant from his majesty, OF shall have
command or hiace Of trust underhis naies-
fy or oy ms authority, or by authority deri
ped from him. within England sc. shall
take the oaths of supremacy, &c. Now,
WITHIN thlssstatute (of which the words are
stronger than those of ours) il seems, attor :
MES and COUNSEL were not supposed to be in
Guided, as holding offices or places of srust
under the King. or under authority deriued
trom him; otherwise parliament would not
nave thought 1t necessary to subject them to
the test by special statute, as 7tney did by
e Viii. 3. cap.24
! ~ the abjuration act, IS Will 8. cap S,
III,
shall bear any office, civH or military or shall
receive any pay by reason of any grant from
ms majesty or shall have command OF. hlacs
j2f trnst under his n,aiesty or 6y authority
lderiped from HIM, within England, &c. and
all ecclesiastical persons. members of col
ieges, exc and all person teaching pupils, &c.
ana ali preachers, &c. and every personihat
snail act as sergeant at law. counsellor.
oarrrister, advocate, attorney, solicitor.
hU
court, shall within three months after they
enter upon such Office, or lake uhon them
Such fractice"--- AXE The oath ii abura
non, exc. Upon which Mr.. l.. remarked
mat tie alternative words Tor take uhon then,
such hractice) PLAINLY referred TO the LIE
| GAL CHARACTERS before mentioned. aud
Snewed that the parliament did not deerc
IiheIrProfession. nor was i, generaiy UNDER,
stood to be, AN OFFICE OR PLACE UNDER
IT they had thnugut So,
nose Words would not have been inserted.
And by the corporation act, Is Car 2.
stat 2. Cap. 1. it was enacted, nat no
person shall be placed or chosen in any of
nee OF mayor, alderman. recorder, bailif,
Town clerk. common council man, or other
Once OF magisrracy PLACE, trust, or enhkop~
mem, concerning the government of any CT
| w. borough, cinque port, and their members
OF o1her port town, that shall not within one
1Sai "eAl oeiore such choice have taken"
the oaths OF supremacy, &c and in default
Thereon every such placing and choice is de
cia'ed void, Mr.. L. thought. that if anu
words would include the atIornies of corno-
| ration courts, as officers or hlacemen. those
oil taIs statute would. Yet il had been ex-
Pressly adjudged, that AN attorney was nor
an cblcer Gvifhin that act. r Rsvm. SO Cd
>. G Sid. 90. 152. Keb. $40 S54 387. s58
| 675. Which he to,k to be a direct decision
| OF The very point now in discussion. In Ali
the notices Of this case, the only question ev
| er raised was, whether an attorneys,,ip was
such place as that mdndanus tyould Law
To restore one TO it--and it is decided
that OF al astorneyshi in the common bench
70 winch the profession here is in that res
pect analogous, no mandarin in any case
would lie. because of the courts SUMMARY
power OF removal but no doubt was ever
entertained, that the attorney was not within
the corporation act.----It had been even
doubted, whether censor of the College
OF physicians, (who by the acts of incor
Poration, stat. 80 Hen. 8. cap. 40. and
Mar. stat. 2. cap. 9. must be sworn in of
nee, IS compellable to ofFicia;e, and Is vested
with large powers of fine and imprisooment1
vas h"biic officer within mis- corhora
ton act Mod. 43I.
The English lawyers, judges. and parlia
ment, therefore, in the utmost fury of relig;-
Gus zeal, gave not to stronger words so
large an Interpretation, as had been given
n - Ing L..