The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-08-04
LITERARY.

Aronn,s,t r m OF THE LAWYERS TEST OATH,
- OF BOD w. u. Porter I'm the Disfrf,t 80
OF me United ssates. Hon. George r. BrSan JSua Sua
Pfes'otns. charleston: Joseph Walker 'ANs'
Ibis pamphlet contains Mr.. PoRrEa's sdm;rabI,
argument, delivered some time ago in the Fede
Aio oourt In this city, before His Honor Jndge
our readers may remember that the
tuo''on "as' whether attorneys already admitted
ia'ti'e ln the Federal Courts could be de.
Vi 'ne'r rsht to do 30, in q summary way,
sA' ooule' upon their refusal to take the test
oath prescribed by Congress; but the disoussion
| C 'ne moro important question, whether
Congress could rightfuIIy equire that oath - ,,a
taken at all by any citizen. Mr.. PoRrEp roots ~
argument on three grounds: Having sbo,vn 49,.
| 70 deprive man OF his right to exsroiso bio ~
lession ID substan TALLY to inf1ict a pens1tv ho
SHOWS that Congress, in inflicting that nen,itv
ioF an offence dtredhy committed, infrineed Tho
provision OF the article of the Constitution agano,
e@ posi- Jdofo laws. The citizen muat exnsct 70
submit TO pains and penalties which a pre.e,;st-
oas .sw nposes upon his s3%isdsmeanors, but the
important precopt OF ts degs Ess
not punishable when it WAS done. But admitting
Congress could impose this retroactive penalty,
1t must be enacted, not in the summary method
proposed by the Court, but in conformity with
that important article Of the Constitution which
declares that no citizen shall be deprived of
liberty or property without due process of law.
This portion Of the discussion is that which will
most interest the public at large, because-it ia
that which is Of the most general application to
the interests OF the community, which, il fairly
interpreted and enforced by the Federal Courts,
overthrow much Of that extra legal and uncon-
stitutionsl confscation by which 80 many of our
follow -citizens have been impoverished But the
most imposing ground taken by Mr.. PORTER is,
that Congress is nowhere in the Constitution en-
powered to impose a test OATH and that the act
prescribing an oath having been passed in viola.
ton OF the Constitution, is not binding upon the
citizen.
Not being able ',propter sin,plcitate,n" to criti-
cize this argument from the juristio stand d-pont,
we record the opinions OF others that it has ex-
hausted the law bearing upon the subject OF
which 1t treats. But we can appreciate the other
merits OF Mr.. PoRrER's argument-its clear rea-
aoning, its concise statement and its ornate die
ton. Mr.. PonTERs oratory, even upon legal
topics, bas always had for us that charm which
attaches to the evidences Of cultivated taste; 1t
always furnishes ample proof that its authors
attainments are not confined to the profession
which he adorns. While we thank Mr. PoRTER for
his last effort on behalf OF the Constitution. We
express the hope that the official relations
which have 80 long subsisted between him and
this city may long continue, happily marked as
they have been by faithful and efficient services
on the one side, and wise choice and unfalterine
confidence on the other.
"SHERBRooKE." BY a. d. g., author of " Madoe
We took mp this book expecting little; being
unacquainted with the author, and having mn
prejudice In favor Of Now England stories but laid
1t down, regretting that it was finished, and the
pleasure OF reading 1t over, feeling as IL saving
aoieu to dear and valued friends.
There is q purity and freshness about tb;s
charming book which is truly delightful, and
rarely to be met with in these days OF the raw
heads and bloody bones style Of literature.
The story is very simple; nothing startling. no
"thrilling mysteries :; it is quiet every day ooun.
try life; but there is q wholesome tone. a trntb
and beauty about all the principal charac.ers
which fully compensates for any want Of exciting
! interest.
The scene is laid among the hills OF New Eng.
land, In the humber walks of life. The story
opens sadly by the illness and death OF David
Kendall, the worthy father OF the family whose
fortunes 1t portrays. He leaves wife and several
children to struggle vii poverty and debt.
Hope, the eldest, is the daughter Of q former
marriage; at the time Of her fathers death about
fifteen years Of age. strongly attached to her step
mother, With whom she lives In spite of All at
tempts TO draw her away. Che Is neither beauti-
ful nor perfect 90 heroines are always supposed