Year: 1866

An attorney ut law IS then according
to the authorizes, an officer of the
courts, legally vested with an Office.
That office is an estate, which may be
for life or for term Of years or during
pleasure. That estate is property. And
the Constitution of the United States
says no one shall be deprived of proper.
ty without due process of law.


1t matters not whether it is attempted
to be done by means Of a test OATH com.
pelling a party to criminatc himself, or
in what imaginable form, other than by
the process OF law, it is alike void, what
ever may be the means resortcd to for
its accomplishment. What power then
has Congress to deprive an attorney OF
his property in his profession, simply
because he refuses 10 swear whether he
has or has not violated the criminal law
OF the land. when he has neither been
charged with, indicted, or convicted of
any such violation. deny that it has
such right This attempt is IN viola.
ton of the fundamental law as expound
ed by the highest authorities, and s
absurd within itself; and know of no
rules governing courts which could justi.
ty your Honor in the enforcement Of
any such enactment. The statute is a
nullity, and must, in my opinion, be so
held whenever and wherever it is
brought in question before any intelli
gent court.


further invite your Honor's attcn.
ton to the fact the Office of Attorney
and Councillors recognized as well by
the Constitution and laws Of tho United
States as by the common law.


In the 9Th article Of the amendments
to the Constitution, it is declared, that
in all criminal prosecutions the accused
shall enjoy the right of speedy and
public trial by an impartial jury Of the
State or district wherein the crimes shall
have bean committed; to be Informed
of the nature and cause of tho accusa.
ton; TO be confronted with the witness.
es against him to have compulsory pro
cess for obtaining witnesses in his favor,
and to have the assistance of counsel for
his defence.


The judicial act Of 1889 provides
that in the courts of the United States
the parties may plead and manage their
own cases personally or by the assist.
ance OF such counsel or attorney at law,
as by the rules oil said courts respective,
ly, shall be permitted to manage or con
dnct causes therein.


The court will observe that tho Con.
grcss OF 1889 did not attempt to pre-.
scribe the qualifications OF the attorney,
or to say who shall or shall not, prac.
tico in the courts, or for what cause an
attorney shall be stricken from the rolls.
That is left, as it should be, to the
courts or principal officer, to which the
Office of attorney is incident to be dc.
termined by rule OF courts.


The Office Of attorney at law is clear
ly incident to that of court or of the
Judge or Judges Of the court; and the
incident otRcer is only amenable to the
principal officer, and may be removed
by him. Congress has no such powers.
In Bacon's Abr. 2S4, and the cases
there cited, the law upon this subject is
laid down in the following words.


Wherever an Office is incident to an.
other, such incident Office is regularly
grantible by him who hath the principal
Office. Or this foundation it hath been
held that the Kings grant Of the Office
County Clerk was void it being insepa.
rably incident to the Office of sheriff,
and conld not by any law or contrivance
be taken away from him. aiJoa


II the Kings grant of such incident
office was void, and so held by his own
courts, and it could not be taken away
from the principal Office by any law or
continuance, it follows that the King
and Parliament together could not
right(ully do it. Where then does the
Congress of the United States, restrain.
ed by written Constitution, get power
to do that which the King and Pariia.
ment together in Great Britain, without
such restraint, have no power to do 2
Il IL, IL II