The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-07-21

SOue vi 4SOO, Pc OJS IepedlS LuS SeCllOu
fixing the fees, changes the provision
in regard to giving an assurance of
fidelity to the Commonwealth, and re-
| Quires an oath of fidelity to the Com
Inonwealth. This review of the legis-
lation of the State of Virginia shows
beyond all controversy that the privi-
leges or rights conferred by an Attorn-
ey's license have never been regarded as
| in any sense n franchise that could not
be changed or revoked at the pleasure of
the law-making power of he State.
During the first century of the settle
ment of the colony the license of Attor-
neys were repeatedly revoked and an
nulled in the most sweeping and COM
prehensive terms. Their fees were in
creased and diminished. the oaths re-
| quired of them were changed and modi-
fled according to the exigencies of the
times. or the whim and caprice of The
Legislature. No question seems ever
| to have been made as to the power of
the Legislature to exercise the most
absolute dominion and control over
them except in n single instance. On
the 25th of March, 1858, the following
| proceedings are found in l. Henning's
Statutes p. 1856.
proposed whether a regulation or
total rejection of lawyers7"
"ReSolr,d. By the first vote. An election :"
| At the foot OF the page Is the following note
| THE answer of the Governor and COuLcIl
| 10 the houses message ABOUT lawyers"
.'The Governor and Council will consent to
"this proposition SO far Us it shall be agree
liable TO Magma Charta.
'MARCH 25, less"
Proposed whether the committee should
| draw up a leply to the answer OF the Gov
"eInor and Council OF the 2Sd Instant, con-
"cernlng the proposition abont lawyers.
"by the committee.
"GUvernOr and Council"
! aFFNHVN 1nN n,
| manner Uf proceedings in law.
ITO the first, we have considered Magma
| "ChQrta, and we cannot discern any pro-
"hibilion contained therein but that these
propositions may pass into laws.
III was resolved ln two former Assembleys
| THAT 1t was not only necessary but that they
| had power 10 make laws for that purpose AS
appears by two acts of Assembly now upon
'rhe first whereof stood in force about ten
| "yearS. and the late addition was added in
"l6I7, which acts stood In force until the last
| Assembly, and soc we humbly cOnCleve that
| like laws"
have regarded either the logic or the
precedents cited by the Burgesses as
unanswerable, for they made no reply,
and the proposition became law.
When il is considered that the parties
prejudiced by these laws, was the whole
bar of the colony, that they acquiesced
| In 1t for more than century with
out resistance or remonstrance, the
conclusion is irresistible that the power
was universally recognized and ad
mitted.
The oath of abjuration and suprema-
cy was required of all lawyers, us we'll
| those previously admitted as those
thereafter to be admitted.
The la of l745 was the first law that
required lawyers to take these oaths.
1t cannot be doubted but there were
many lawyers in the Colony protesting
TN.,NH II
Pretender to be the lawful heir to the
crown of Great Britain. But under
this law he must abandon his practice,
or forswear his allegiance to his God
and his King.
This law, or others with the same
provision, remained in force until 1776,
when all lawyers were required
to renounce their allegiance to the
King of Great Britain, and swear allie
giance to the Commonwealth OF Vir-
ginia.
So from the settlement of the Colony
to the present time, the Legislature has
constantly exercised the power of in
creasing and diminishing the fees of
lawyers and prohibiting them from
taking fees in addition to the fees pre-
scribed by law.
In the only instance in which ex-
emption from legislative control was
ever claimed, it was promptly denied,
and has never since been claimed. So
the Courts have constantly exercised
the power OF suspending orr revoking
the license of Attorneys for any cause
they may deem sufficient. The only
Limitation that has ever been placed
upon this power is, thatAn information
must be filed and jury sworn to inquire
into the truth of the charges contained
in the information. But the Court is
the sole judge as to what charges shall
be sufficient to suspend or revoke the
NHF1EaHn ArNFH Il -
sary that he should commit any offence
punishable by the laws of the State,
that he should be convicted of any
crime, but whatever the Court may con-
slider "malpructice" or "misconduct" is
sufficient to suspend an Attorney or re-
woke his license
What is the value of franchise or
privilege that is held by such tenure
as this7
1t is no answer to the argument
drawn from the history of the Colony
to say that there was then
no national or State Constitution in
force to restrain the legislative power.
These constitutions are new amplifica-
tlons of Mngna ChHIta, the petition of
| right and other laws that our ancestors
brought with them from the mother
| country.
The life, liberty and property of the
| citizen has been about as well protected
1
than century as it is now.
When james II wanted to deprive
the city of London of its charte red fran
chises, he did not dare to assail it by
| Act of Parliament, but had its charter
! forfeited by quo IUGrrdnt0 for misuser
in the Court of Kings bench. But who
ever heard of quo lCdrTdnto against
a lawyer to forfeit his franchises?
The idea that lawyers license con-
ters upon him any irrevOcable fran
chise or privilege, is a delusion and IL
snare, and can only lead to error and
that continually.
1t is new privilege conferred upon
him without consideration, aud revo-
cable Mt the pleasure of the power by
which it was granted. A municipal
corporation Is n franchise, but as il is
public and gratuitous, no capital in
vested on the faith of it, is revocable
at the pleasure of the legislature.
But whatever rights the applicant
may have acquired in the State of Vir-
ginia, they give him no rights in the
State of West Virginia.
1t is one of the essential attributes
of sovereignty TO organize Courts, and
prescribe the powers and duties of the
| Judges and officers of the Courts.
| When new State is created out of
the territory of an existing State, all
officers and others holding offices or
privileges under the laws of the old
State, are Mt once diveSted of them, un-
less they are preserved by the ConStitu-
ton and laws of the new State. A
Judge whose term has Just commenced,
acquires no rights in the new State, and
loses his office unless he removes with
in the territorial limits of the old State.
His eligibility to office, his right to
vote, and all other privileges derived
from the laws of the old State are gone