The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-01-23

Abstract OF Hon. charles J. RauIIt-
ner's Remarks Ira the supreme Court
ofAppenIs on Friday last, in support
Ofthe Motion thnt lie be Allowed 10
Practice ia said Court.
The policy OF forbidding tho exercise
of any profession or pursuit is contrary
10 the spirit OF republican institutions.
II Is contrary to the enlightened sense
of mankind, and the State cannot pre-
sumo to set itself in opposition to that
judgment.
officer, IL must be conceded. The act OF
the Legislature requiring all officers,
civil and military, is retroactive IN It's
character. IL seeks to enforce punish-
ment for past supposed offences. 1t Is
a practical revocation of nm attorneys
license. It presents disabilitiestot those
acting with the late rebellion unknown
to any laws aud customs OF the past.
This court Will not seek to lcgtslute
80 as TO make law to exclude attor-
news, but will eXpound that found upon
tnG statute book.
The question is one of narrow limits.
A brief statute Is all we have upon the
subject. The construction now sought
to be placed upon this act is one that
has suddenly sprung up by virtue of
the new lights grown up about us.
This atatute, chapter log, an act, &C.,
is not nn independent statute, but tsan
act explanatory or HmendntOry of an
net pnssed June 20, 1868. This latter
provides for an oath to support the con-
stitution of the United States and this
State. The subsequent act refers to the
former, which construes itself. 1t de-
cIares who are the officers required to
take this onth2 1t also provides for fill
ing the oath as certified in certain
offices. Who ever heard of the oath of
nm attorney being filed in the Office OF
Secretary of StatefE - s. =
The Judges who have insisted upon
attorneys taking this oath have seized
upon the language of the statute. OIL
GERS are elected or appointed until their
successors areelecledor appointed; who
ever heard of q, successorton an attorney
Irhe Court of Appeals have decided that
the term officers elected and appointed
docs not apply to attorneys. All per-
sons who derive their agency from the
Deople are said to. be elected. AllsNyho
derive from the Executive are said to
be appointed.
mines its character. What is a civil Of
ficcr2 II means an officer of the Gov
An Attorney is no such officer
Bowring defines u civil officer to be such.
Such will be found TO be the meaning of
the term in tho laws of the United
States. The Constitution of the United
sec. art. III Vice President and nlI
civil officers will he removed &C.
Has the heart of man ever conceived
tho idcn that an Attorney in the Uni
ted States Constitution can be i'm
penched? Story on Constitution,
30. saws that the sense in which
the term is used, is to distinguish be-
tween officers and citizens generally,
and those in the land and naval SER
vice. 1 Munford, 4s2, in the case of
benjamin Watkins Leigh deter
mines the question. in tho Same way.
In tiIis case tho Judge determining that
Question said an attorney Is not nTotii-
cerin Virginia. That indeed, he doubts
whether he Is an oGIiccr of the Court.
He Is but licensed 10 appear in that
Court. This authority is binding upon
this Court, rs the! common law of NN1r-
Eiuin prior to juno, 1865, Is by the Con-
stItution of West Ntrginin part of the
law OF the State. Decisions of the Court
nreRpart OF the common law. which was
thus adopted. Muchstress has been laid
ON the dissenting opinion. OF Judge
Tucker in this case. He declares an
attorney to be n public officer because
lie has Il right to n mandnnus TO be re-
stored to thaI rolls. "A mnndamus will
lie in tho case OF R,priNnte Individual as
well MS public officer, when he has no
specific remedy. 5...-f
has precedent in the Courts of the times
OF Charles and William in England.
So Jchnson's Reports also furnish u
precedent. The same doctrine IS found |
in fuckers Commentaries, vol. /, |
pages S, o. t.--5- /, {. ..--.s-sr.
fhe practice OF not regarding. Attor-
neys rs officers prevails in all The Fed /
eral courts. How could member of
either branch OF the Federal Congress
practice in the supreme Court of the /
United States If this rule did not pre-
vail iu-the same, for, the decision by
the Court of the United States, Sec. g., /
Art.1, no officers of the goyefnment
shall be members of either House. ~
Tho convention which re-organizeGl i
the government of Virginia provided 1
that The Governor ind All the officers OF i
the State shpnld take n certain oath.
The legislature. which sat in 1862, pro-
yided that Attorneys, Physicians and
and others, distinctly classified, should X
tRke a certain other oath. thus dtsclos-
ing the views held by It on this subject.
II is the right Of every man to labor.
to toll Itis,acruel power that Will at
tempt TO deprive him of IL, and an in
suit TO Deity who gave him fncnlties. Il
Such doctrine belongs 70 the despo-
ism of the Old World, not to Repubil=
can America. This has indeed been
witnessed in West Virginia, but may
the sud hour soon pass away, and the
bright sun of truth shed its benignant
rays over the gallant State, born in I
baptized In blood in the
name OF Liberty and Law, .r ~, u