The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-05-31
TIE TRI-WEEKLY NEWS.
Governor Browns ArgumCnt-~Continacd.

bill of attaindc5 or &C post facto law
shall be passed.
BY bill of attaindcr, | understand n
judicial sentence by Parliament, or n
legislative usurpa'ion Of judicial power.
AS when tie Parliament passed bill to
attant a. b. of high treason, and di.
rrcted his executloa, aud the confisca.
ton OF his estate. This act of Con.
gress Is III the nature of Il bill Of attain.
der. IL does not attainl lawyer Of
high treason, but it does assume judicial
functions, and coniscates his properly
w'thoutjudicial trial or judgment. And
II nsnrps the power which properly be.
longs 10 the Courts alrnc, Of dptrrmn.
ing who shall and who shall not fill the
Office, which is inseparably incident to
the Court. This objection embraces the
case OF the applicant for admission to
the bar. The Court prescribes rule
upon conformity to which, any citizen
has right to be admitted to the bar.
1t belongs to the Court to fill this Incl
dent office, and Congress has no RICH, to
interfere, while he who complies with
with the rule OF the Court has an I'm
questionable right to be admitted to
practice. The student expends hls
money and tune in preparation, and
when ready to comply with the rule Of
the Court, hcappes for admission and is
met by quasi bill of ailaindrr, IN the
the nature OF II judicial scntencr passed
'y Congress, that he shall not be nd
m'iicd on complying with the rule Of
Court. but that it is the judgment OF
Congress that he must also take a GER
tam test oath, not reqnirclby the Courts,
before he can be Admitted, and that ON
refusal Ia take ii, he stands convicted
OF aiding and abetting rebellion. II
Congress may exclude all applicants for
admission lIl they can take ihelest on,h
1t may $" shape the oath that no man
ever can take it, and it may thus create
monopoly, in the Office OF attorney. in
The hands of the few now at the bar,
vino can take The oath, at their death
destroy the oIlice altogether notwith.
standing the constitutional guarantee
that every person accused OF n criminal
otfense shall LA We the assistance of cuun.
sci for the defense
This law is not only in the nature of
bill ofaltainder which is forbidden by
the Constitution, but it is clearly an &c
post .fdcto law as when applied to atlor.
neys Of the court, or applicants for ad.
mission to practice. An er post jdcto
law is thus defined by Mr. Justice Chase
delivering The opinion Of the Supreme
Court of the United States in the case
of Calder and wife VS.. Bull and wife,
30 Dallas. 1856.
!. Every law that makes an action
done before the passing of the laws,
and which was innocent when done
criminal, and punishes such action.
2. Every law that aggravates a crime
or makes 1t greater than it was when
committed. Itg "ra
3. Every law that changes tho pun.
shment and inficts greater punish.
ment than the law annexed to the crime
when committed.
4. Every law that alters the legal
rules of evidence and receives less, or
different testimony than the law reqair.
ed at the time of the commission Of the
OueIlSe w OIucl 10 NUTS.
See also, l Kent's Com. 407, Sergeant
on Const. Law, 356; Smiths Com. on
Const Construciion>37 '
In FLETCHER vs. Pee s., Cranch Reps.
l3S, Chief Justice Mershall, delivering
the opinion Of the Supreme Court Of
the United States says: An &c post
/acto law is one which renders an act
punishable in a manner i'll viii h it was
not punishable when it was commiticd.
Such law may intlict penalties OH the
person, or may insict pecunlary penal.
lies which swell the public treasury.
The Legislature is prohibited from pass.
j ing law by which mans estate or any
part Of it may be seized for crime
which was not declared by some pre-.
viops law to render him liable to- that
punishment. .r aoY Hll I1ai
In the case of Ross u Pic, 1867 it