Year: 1862


Kosza to be protected against Austria though not fuy
nalur uralzed, the ground that he had declared his
intention and taken the nitiaory steps to become cit
OF the United States. ! had often beard WIN sun
qualification how nobly hospitable and Generous
this country and its courts were TO neritorous foreign
who came here TO seek honorable subsistence by
honorable occupation. shall be very sorry, indeed
my case be the of showing that the exercise OF
this lbsralty in the admission Of abla ana estlmable
gentlemen to your bar heedessy and improperly
granted in violation any prescrptve positive law.
l have sworn TO this statement, and Am extremely
anxious TO answer in public, but not before any
secret tribunal, every question IN regard 70 that
the Court any gentleman may PROFOUND TO me.
This declaration called forth manifestations OF applause,
which instantly checked by the Court Instructions
being given to the officers TO arrest any persons ndug


ny any further manifestation Of the kind viola
tive of the diguiiy and dscorum Of the Court


Ingraham 1.-The Court did not understand by tho Or
der made, that the committee to make At this
time reply to the papers submitted to the Court
nor did they wish to be understood as ntimatng that
such an examination would be necessary. The object
to give Mr. James opportunity Of making an OK
panation which he has made and which they thought
under the circumstances it due to him that be should
DO allowed to make The Court purpose taking these pa
pers, aud consulting together whether under the cir
cumstancss they consider any farther proceedings on


the part Of the Court to be necessary upon the papers
which have been submitted. they should conclude to
hear anything farther in regard to the matters which
contained in these papers, they would x subse-
qusnt day, on which counsel could be heard on both
sides.


Mr. Lord said that hs was quite ready to discuss the
question Of merits, and show from Mr.. James' own
statement and his sttsrsa fact that he did not
the Courttkt he dsbarrsd by the benchers
upon proper professional grounds Of misconduct.


Mr.. Brady would simply say, in answer to what had
fallen from the lips OF Mr.. Lord, with the same con-
hdence which had marked his expression that there
the slightest psetsxt authorized by any high au
thorty Of morality duty for any interference the
part or tn, bencLsrs Or any other tribunal with Mr
Court by their order had called upon Mr. James TO show
why should not have his stricken from the
rolls his license revoked because OF these transac
tiops, which occurred before his admission.


Ingraham, I'VE do not intend to 30 into the merits


Mr. Brady said thai the Court thought it necessary
ho prepared u meet The learned gentleman, or any
other gentleman and have ths question fuiy inyesti,
gated. The learned committee in their moving papers did
object to the admission OF Mr. James because Of the
absence of proof of citizenship They raised no objection
to his admission except that which was founded upon
the alleged withholding from the Court statements as TO
his private and personal career in England. He felt very
desirous possible that the inquiry citizenship
should DO avoided in view Of the wel-known fact that
there eminent gentlemen in different parts Of this
state born In the cid country who at the time Of their
admission attorneys and counselors were not citzens
Of thu United States And at this unctre ~ our his
tory when all classes Of from all parts Of the habi
table globe perillng their lives in the cndeavor to
put down this rebellion which dstracng
try II seemed to him that they could be spared the
necessity Of entering upon any sucn nqay wouia @ %
gcston as to citizenship came exclusively from the
Court Of its motion; and it seemed to him that,
inasmuch Mr. James held license Of admission aud
appointment as q counsellor from this Court
once il Office IL be called and exercising its func-
tions, it was against ali precedent for the Court
10 undertake to interfere with it at all. II 1t be not
Office thon it not essential that MIR. James should
be citizen II it be an office ne was In II by order OF
right could be ousted except the writ Cr quo
warrano and in that proceeding no would be entitled
70 q trial by jury. Mr. James came here to make an
explanation TO the Court in reference to his personal
matters. II all the persons admitted to the bar


liable TO have their fully investigated, and their
roll inquisitoriay examined, nc must say an Anne
citizen it would be spectacle that he would not
like to see. He did not say II IN disparaSemsnt OF
members Of the prfesion but with full knowledge Of
the fact that mos: distinguished at the bar
not distinguished for the worth integrity OF
their private character He here to argue any
such questions but as 10 the power o the Court TO admit
alien to practice.


Mr. Lord said that whenever the Court desired, the


risdicton OF the Court attorney admitted to
ractce therein and whether his Office only be vaca
tod by quo The committee had the feeling
that r Brady had as 70 any Of their friends who might
over the atef seeking 70 make bs tier con-
dtion puref in this country and II was great
mistake 10 suppose that they had any disposition u in
jare or put down any man whatoysr Il there was nc
removal OF Mr. James BY the benchers for professional
reasons, thon Mr. James has nothing to fear. lie
selected by the committee present this matter to The
attention Of the Court because he happened to be the
oldest member OF the committee, and IL was great mis-


take 70 suppose had been ntmasd, that he had been
sctuatel b5 private motives. Mr. James was An entire
stranger him. and he had no unknd feelings against
him whatever; LIE acnated solely by the desire TO
do what he calceivcd 70 be his duty IN the premises.


Mr. Brady made further remarks to the right
OF tho Court to revoke tho license OF an attorney of its
own motion he said that in the case Of the People vs.
the city OF New York Sd Johnson 1t was decided that
even mandiinIsTas not . po.er remedy against "A
man olcc and exercising its functions, and that quo
w.rranto could only apply il such cases


NJ. lam Curtis Noycs said that ha appeared in bo
hall u tho law institute Of the city o. New York-an
Organization which embodied respectable share Of tho
lcaruug and character OF the New York bar Tho pre-


mjnary article in It's constitution stated its orgazaon
be for tho purpose of looking after and pfoyidag That
no improper fcsos should Do admitted 70 Practice AZ
the bar The committee came here not at their own
solicitation, but by the appointment Of that institute, at


Yneetiag al which Nj. Brady was present and no was
as familiar with the purpose and desig OF tina. commit
toe MS he MIR Noyes) was for they both heard Mha
said upon that subject. Being nominated as one of the
members Of that cornntes for fundamental purpose
OF The constitution he did not feel himself at liberty to
deci ne and he here TO assume portion Of the
sponsibiy delegated to that committee and he hoped
to discharge II fearlessly, but AZ tho same time with
kindness courtesy 10 the gentleman who was the


tho puruose Of this COMMITTEES was to see whether
there be any good In the past history Of Nj.


James or la the ccums under which he came 10
the bar why should not be permitted TO continue at
with our duty. lie would not allow himself nor would
he allow The bar Of New York 10 stand
under the Inputa,ion of prosecuting any member
Of tho profession. Charges Of that sort were as
any thing that was ever branded with the I'M
putaion OF faschood in court Of justice They were
here simply the discharge OF professional duty 70
themselves and the Court, aud he who charged them
with persecution their hesrts less than he did
his own 80 far as hia Individual feelings were
concerned he would never the objection to The
admission person 10 the bar that he Was not ct
Of the United states. IL certainly was not tho de-
sign the committee To present that question. tho
required discussion at the hands Of the commit.
tee TO their power 10 revoke nconss OF
admission 10 practice Of its own motion, they
were ready TO discuss 1t at the proper time
but IL would be improper 70 go into that question now
when the committee have not understood that they woro
TO be called upon to discuss IL at this time.


Mr. Braoy understood that much Of the order OF this
Court as related personal explanation from Mr.
James satisfied. lie invited 10 give an OK
planatin, and nc had gwen III and no discussion upon
It here at this time would be appropriate. II sitting a.
general term they should undertake to determlns the
question OF whether license TO alien was void, he
did believe that appeal would lie TO have any error
rsmcdiod IL one should This question oi alien
ism OF grave character, considering that II
Affect the interests OF nthsr gentlemen Than sir
James--non whom they all know aud highly esteemed.
IL tho Kind ef question % be passed. upon IA this
way IL should be determined by trial by jury, 30 tbs
appeal might be ae. ~ the Court OF last resort ie
other branch VI the motion ho did not propose TO discuss
ne ala not think any discussion aboa II as legitimate
ana ne wished 70 DO saved the necessity o fguag this
question OF citizenship ut ALL IL IL were possih - -seid
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