The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-05-26
TNE TRL-WEEKLY NEWS
The Test Oath.

lawyers have been guilty of treason, or
of encouraging rebellion against the
Government Of the United States: and
that Congress has adopted this mole of
compelling each to discover under oath
whether he is one of the number; and
if he refuses to make the discovery. that
he shall be presumed to be guilty, and
the coniiscation Of his property in his
profession shall be tic penalty. Truly,
this is what Congress has attempted to
do, but upon what principle, and by
what right? If he has been guilty Of a
crime, 1t is the right Of the Govern.
ment to have him prosecuted, convicted
and punished by the judgment Of his
peers, or the law of the land; but with.
out such conviction, the nnction of
corporeal punishment upon him, or the
contiscation Of his estate, or any part
thereof is unauthorized tyranny; nor
has the Government any right to com.
pei him to appear and give testimony
against himself, to aid it in procuring
such conviction. Memo teneJatw pro.
derc SC ipsum is the well established
rule Of the common law, and Is thus
cxporndcd by very able and accurate
American author: That when the an,
swcr will have a tendency to expose the
witness to penal liability, or to any
kind of punishment, or to a criminal
charge, or to a forfeiture of his estate,
the witness is not bound to answer.
Aud if the fact to which he is intcrro.
gated (orms bat one link in the chain OF
tcsumony which is to convict him, he is
protected And if the witness declines
answering, no interference of the truth
Of the fact is permitted to be drawn
from that circumstance. Greenl.
Wv. sec 55l -453.
The Constitution Of the United
States, as originally formed, contained
no provision guaranteeing TO the citi'
zen protection against the violation by
Congress of this great first principle.
But this protection is carefully provided
in the fifth article of the amendments,
proposed ut The first sebion of the Iirst
Congress, which was adopted in these
words
No person shall be held to answer for
q capital or otherwise infamous crime,
unless on q presentment or indictment OF
a grand jury, except in cases arising in
the land cr naval forces, or in the militia
when in actual service III time OF war
or public danger; nor shall any person
be subject for the sans offence to be
twice put IN jeopardy Of lie or limb nor
shall he be compelled in any criminal
case to be witness against himself, or
be deprived CT life, liberty, or property
without due process of law; nor shall
private property be taken for public use
without just compensation.
This is the fundamental law of this
land, and any act Of Congress in viola
ton of it is imperative, null and void
and it is the solemn duty Of the courts so
to declare it. And L beg your Honor
to bear in mind, that this article OF the
Constitution not only denies to Congress
the power to compel any one to be
witness to criminate him self, but 1t de-
clarcs plainly and positively. that no
one shall be deprived OF lite, liberty or
property without due process OF law,
giving property precisely the same pro.
section which it gives to life or liberty.
Has an attorney at law q property in
his profession If so, the Constitution
of tho United States, as well as Magma
Charta, declares that ne shall not DC de.
arrived Of it without due process OF law.
,nAn attorney at law is an officer be.
longing 10 the courts Of justice. |
Bacons Abr. 474.I An officer is one
who is lawfully invested with an Office.
II Bacon's Abr. 279. Offices which
are a right to exercise q public or prl-
vate employment, aud to take the tees
and emoluments thereto belonging, are
also incorporeal fercditaments, whether
public, as those Of magistrates, or pr
vate, as of baliffs, receivers and the like
For u man may have an estate in them,
either to himself and his heirs, or Tor
lille, or for term of years, or Tor during
=, '---- -.l.f' TDIaol,cfnnn's (,Orn. 36 |