The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-05-24

VI Soou SoNSlHiiciit III every Tree sNtaIp,
which no Legislative body has right to
ignore, disregard. or violate; that it Is
the duty OF the Government not only to
encourage labor and stimulate industry,
but to SO order matters that every man
may live by his industry and that the
pursuit of happiness in every innocent
manner agreeable to his inclnations-
the exercise of honest industry in any
trade or profession which he may select
for the purpose of procuring a livelihood;
the acquisition OF property by his labor,
and the protection by government Of his
life, liberty, person, and property
against every illegal and unjust violation
or invasion, are inherent inal:enable
rights Of the citizen or subject, which no
government can disrcgarded or violate
without incurring the just censure OF en-
lightened reason for the exercise OF ty.
ranny and oppression. But If the legs'
lative department of the Government,
no matter by what motive it may be ac
tuated, should s. far transcend the pro.
per boundaries which have been pres
cribed to its authority, rs TO invade these
sacred rights, protected as they are by a
law, higher than its enactments, it is the
pride OF our system, that an independent
judiciary whose duty it is to hold the
scales OF justice in eqnipoise, as we'll as
between the citizens and the Goven
meut, as between citizen aud citizen,
will vindicate ;hc majesty Of the law,
and maintain the good faith and Justice
of the Government, by declaring all
such enactments as violate the funda
mental law, imperative, nuU and void.
Lot us apply these great principles to
the case now before yotr Hon,r, An
attorney Of this Court, whose name has ap.
peared upon tho rolls as an officer of the
Court for nearly fifty years, whose pri.
vatc and professional character are Of
the most elevated rank who has filed
with distinction the position Of u Judge
who was Union man az song rs there
was possibility of preventing the rup
ture; who never bore arms against the
Government OF the United States, or
held Office under the Confederate States;
who has violated no rule Of the common
law; committed no contempt for Court;
collected no money which hc has refus.
ed to pay over acted in bad faith to no
client nor has been charged, indicted,
or convicted under any penal law OF
this State, or Of the United States and
who has received full pardon from the
President Of the United States for any
and every act which might, even BY i'm.
ication, be construed as violation of
the law, because he cannot take test
| oatI that he nccer "aded, connsellcd,
countenanccR. or encouraged any one
who bore arms against the United
States, is to he driven from the bar, nm
less your Honor ca'E protect his rights
by the decision which you may feel it
your duty to pronounce in this case.
While he refuses to take The test oath,
who says he has been guilty ofrebellion,
or treason, or other crimJ or misGemcan.
or, prohibited by any law of the United
States What officer Of the Govern.
ment stands here as his accuser, and
upon what charge and specifications
What provision Of the penal code has
he violated. and when and whcre did he
do it, and who are the witnesses against
him ? What grand jury has indicted
him, and upon whaI charge? What
petit jury has found him guilty? What
Judge has pronounced sentence upon
him, and when was it done, and where
is the record
One Of the fundamental maxims of the
common law, which have been approved
by the ableSt urisis, and sanctioned by
the wisdom of ages, is that every man
shall be presumed to be innocent till the
contrary Is proven. The attorney is
entitled to the benefit oil this saluiarv
rule. He stands before You to-day as
did the women over eighteen hundred
years ago, before the Judge of all the
earth, with no accuser, and / trust the
Judgment OF your Honor will be, neither
do accuse thee. He stands with the
presumption Of innocence in his favor,
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