Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-01-24

oath to support the constitution as the
| Judges of the court. The constitution
makes ample provision for courts of justice
| TO administer the laws and protect the
RIGHTS of the citizens. Article three, Sec
| ton one, of the constitution says the judicial
power of the United States shall be vested
| in one Supreme court, &c. Power is vested
| in the Congress to fix the number OF Judges
of the Supreme Court, fix their salaries,
provide for all necessary officers, such as
marshals, and prosecuting attorneys, COM
missioners, jurors, and balllffs. by the
act of 1889, commonly called the Judiciary
act, it is enacted that parties may appear
| and manage their causes personally OF ac-
cording to the rules. It is believed there
is no civilized society in the world where
there are not attorneys or practitioners at
| law. The enactment which has just been
cited recognizes the utility of this class Of
men.
They are as essential to the working OF
the court as are marshals, sheriffs and other
officers. AS there is no instance of court
without bar, the practice is privilege on
| such conditions as the law-making power
NAV prescribe. 1t is privilege, and not
an exclusive right. Every State in the I'm
ion, and every civilized government on
earth, have laws by which the right to prac
tice depends upon professional skill and
good moral character. The continuance OF
the right is made by law the continuance
of these qualities. Attorneys are often de-
prived of the privilege when it is discover
ed they are of bad moral character. This
| is done by law, statutory or common, which
is equally the expression of public will
Attorneys are subject to legislation the
same as judges. Congress has the power
| to prescribe the qualifications of attorneys
and prescribe oaths. The act Just declared
unconstitutional is nothing more than a
law that attorneys shall take the same oath
as other officers in civil or military life
This looks at their past and future conduct,
and all has reference to their overthrow
of the government. They are required
to answer that they are not guilty of trea-
son in the past and will give their allegi-
ance to the government in the future. That
i true and loyal attachment to the govern
ment is made the qualification of attorneys
seems to be plain. History shows mem
bers of the legal profession are powerfulin
the government, as they are the moulders
of public sentiment, and they aid in the
construction and enforcement of the law,
and from among them judges are selected.
4 10 suffer reasonable sentiments uncheck-
ed is to let the stream be poisoned at the
source. If all the attorneys in the past had
rendered faithful allegiance to the govern
ment we should have been spared the hor-
rors of the rebellion. Ii this qualification
| is SO essential to lawyer it cannot be de-
MED that the law intended to secure
| that position. The majority of the court,
however, do not base their decision ON II
mere absence of authority TO enact laws on
the subject under consideration, but insist
that the constitution prohibits the enact
ment of such laws, both by Congress and
the States that the present law is in the
nature of an e.r post factO law, and that the
provisions of the Missouri constitution are
| i'll conflict with the constitution for the
same reason, and are therefore void. First,
in regard to bills of attainder, we must re-
cur to bills of attaindGr passed by the
| British Parliament, to enable us to
arrive at conclusion as to what
was intended to lie prohibited by
the constitution. The word "attainder is
defined to be the corruption of the blood
of the criminal capitally condemned, which
takes place by the common law on sentence
of death. The party attained lost all power
to receive or give by inheritance. This at
faint or corruption of blood continued to
be the law of England at the time our con-
stitution was formed and may be the law
Oh condemnation of treason this day. Bills
OF acts of attainder declared persons at
tanned or blood corrupted SO as to loose
heritable qualities. Section second of the
constitution declares that Congress shall
have power to declare the punishment OF
treason, but no attainder of treason shall
work corruption OF blood or forfeiture ex-
cept during the life of the person attained.
He then explained at some length his views
on this section, showing that the trainers
of our constitution struck boldly at despotic
machinery by prohibiting the passage of ec
post fdctO laws and bills of attainder with
the exception which the constitution pro
vided. 1t remained to be seen whether tho
law of Congress and the Missouri constitu-
ton were brought within this class of bills.
| 1t is not claimed that the act works corrup-
ton of blood. Therefore it is not n bill of
attainder nor did he see that it contains
conviction of any designated persons. 1t
is true that acts were passed in Great Brit
ain against persons whose names were I'M
known, but the laws leave nothing but the
names of the persons TO be made out, and
to prove their association with the crime
committed. If not SO it would be a mere
6rHena .ftlneen, and punishment could be
visited only by proof of the guilt. No per-
son was pointed out by the act of Congress
either by name or description. 1t is said
| the law was made to apply to those engaged
in the rebellion, but this is a mistake. 1t
is applicable to ALL The act does not de-
clare contiscation, nor does it pronounce
sentence or inflict any punishment. 1t leaves
VIC parry IllElSSIl 10 uGGcGHlDG the ACT >OI
guilt, or announce and pronounce his own
sentence or innocence.
1t designates no name or guilt and pro-
nOunces no sentences and inhicts no pun
ishment therefore it can in no sense be
| called IL bill OF attainder As to its being
an e.r post fuctO law and penal statute, it
will be agreed it applies to criminal causes
alone, and not to civil proceedings which
affect private rights respectively. Cases
were cited in support of the argument, and
the argument was continued to show that
the law imposed mere oath of Office
There was nothing on its face to show it
imposed an additional punishment for any
other act. He maintained that the pur-
pose Of Congress was to require loyalty as
condition to practice III the courts, and not,
as O majority maintain, Il punishment for
past offences. The President cannot 10y
pardon or otherwise, dispense with the law.
! The man guilty of cOunterfeiting may be
saved by the President from the gallows
but lawyer cannot by him be readmitted
| 70 tbig hay for tho lnriClofiyn