The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-15

dent, are required of candidates for any other
Office or place in tho State.
If an attorney at law is not supposed or
intended ny the Legislature TO be IN officer,
why all this cautious, careful and deliberate
investigation? ....
When found to possess these, it is made
the duty Of the Judges to grant tho candidate
Il license, authorizing him to practice law III all
the counties Of the State.
1t is called Hccns., but is ii not. in fact
and in effect, oommiS&ion' 1t grants him
an exclusive privilege and exclusive authority.
and runs throughout the State; and express
lv empowers and authorizes him to practice
To erecute his oiiicc-:n all the courts, &c. It
contains every insignia Of commission, AMI
its poSScs$or is "an attorney at law But
like every other officer, he cannot exercise its
functions until he has qualified: that is, until
he has taken the several oathS prescribed by
law. The. license or commission makes the
oficer.-the oath inauguratcS or in'luctS hlm
into the oRice. This is called admission" "
1t is said by Chancellor Kent, the most cmi-
nent jrriSt Of the Empire State. anil ahlcSt
American commentator, that the principal
odi.rrS Of the courts are attoyneys and ro"nS't-
Grs, and clerks and marShalS:" and that it
must of necessity belong to the court. in
which the admission is applied for, to judge
of the satisfactory test Of the yood nloral rIt0T-
artcr, and the requisite learning and ability OF
the candidates. The courts ought to he vlgl-
Iant and thorough in their examination rs-
spcc,ny the ability. learning, and rharmler OF
,l,n. IA -
Gates in the courts. The interests OF clients.
the safety Of the community, the purity, ILL.,
tcllccnce, and integrity Of the administration
OF Justice anl indeed the preservation of our
constitutional liberties are deeply concerned
in the elevated, moral and educational stand
ard and character Of the members OF the
legal profession" q KcntS Com. 3U1-S. and
notcS)
Docs the candidate now here, i'll every ~
spcct, come mp to and fill this standard? US
confession must answer the question.
This brings US to the two judicial decisions
50 confidently relied upon by the counsel for
the applicant. 1t has been well said at Bar
! that a court must read the law through jill
d;cial spectaclcs." Through that medium
and not through the distorted glasses OF Al
advocate, which hides half the object from
view, have read these Gases. examined them
and think see all their perfrctlonS and lm
pcr,cctionS.
The case reported in l Num-. 4Cs, knowr
as the case Of benjamin Watkins Leigh
decided by tho Supreme Court Of Virginia II
the year islO, and the other in 20 Johnson
! Reports, 4Il, decided by the Supreme tour
Of .Julicaturc o: New York in the year lS:2'2
are the cases referred TO.
The first thing observed is, that each wa
an ~ ,rtris case the second, that tho declsIol
in each, was made by a divided court AM
the third. that the former case had been ull!
and most ingcniou>lv argued by the mos
cmincn, LAWYER of his time, and Subm:tte'
without any answer, or argument in oproS'
ton: and that the latter had been submlttct
to the court and decided without any arS'l
men; whatever. pro or con-; fourth. that th'
court, in each case, distinctly admitted tha
attorneys "arr officers" fifth, that i'll Leigh
case it was erpr|SSiy admitted and stated b!
majority Of the court, that attorneys arr
recognized by tho common law "f lfpgland ~
officers of the court; and they do not prstead
nor can il be shown, that the common law
in this respect, has ever been altered ol
changed, either in Virginia or i'll West Eir
eina: that the majority Of the court, ii
f.cislrs case, only decided, in substance. tha
an attorney at law is not III officer nmter tn
Commonwealth, and within the meaning o
! the anti-ducliin2 act and last, that M
answer was made, or attempted to b" Nade
10 the clear and undcniablc proposition ol
argument Of Judge Tucker, the learned com
mrn;a,or on the Commentaries of Rlack>ton"
! After an examination of all the authorities, he
says: " Mrsrs case, Raym, ., e, @t Nc, nc.
to end OF paragraph (on page lI:D. | have
attended to the arguments which have De"'
since offered by .Nr. leigh in opposition ,c
that opinion, and have examined such OF the
authorities cited by him As could get acc:iS
to. Mrsfs case, R"ym., 5t' 81. which is the
! same case as in Lcr., ~; ST., 81; ke,
$40, 3ji, ISL. 53S, GIi.-not to mention the
authority Of .J1oiqc Rhmlstonc, ; Comm, 2'i--
clearly proves that in England an attorney ut
law is considered as 4 PuIfc cIcr: otherwise
mandamus would nat lie to restore him.
! The whole context OF our act conctrnIn.
counsel and attorneys at law, between whom
there is no DISTINCTION in this country, proves
the same thing to my apprehension.
! It WAS not objected hy the other two
Judges, who followed him in the argument,
, that this was the law, both in England and
in Virginia; and the only answer they gave,
or could rive, was, that an attorney is not IN
officer untItr the Commonwealth. emphasizing
The last three worlS. 1t is very evident that
II these words had been omitted in the anti
tlnrllin. act, or that if the word nmtrr had
been written IN. so as to read in the Common
wealth, instead Of madtr the Commonwealth,
judge Roanc wou.;l have been oblisel 10
concur with Judge Tucker. lie refers Sp..
caIv to the language Of the second and third
sections of the act, showing, first. th,t officers
who are elected" unIer tie government cf n"
Commonwealth, and second. that officers
"appointcl" nnder tie Commonmea'l,-in
each instance undcr<coring or emphasizing
the words, "uncrr tie C"mmonmm'M"-and
adds, "thesc critena exclude attorneys at law
from the operation of the act" (ascS 'lSl-2.)
This was all that the reporter, hiplScN II
learned lawyer. could extract from the opln-
ion Of the court. His syllabus OF the case Is,
1.-The practice of law is not an Gfr or pare
"un,ler Tic Commonwealth; ;" with the cmpha-
sis acain on the last words. (Page 1867
Most surely, if the gentlemen, or either Of
them, had read the opinion Of Judge koane
through, judicial glasses, or had rubbed the
dust off their own, they must have observed
these distinctions. OF, at all events, the con-