University of South Carolina Libraries
yrTE TNREEKLY NEV.1 By ~ al.ard D esots&C. WINNSBsORO, S. C., SATURDAY, MCPRNING, MfAY 6, 1866. [VOL. III.-NO. >0. 711 TilI-EEKLY NEI The Test Oa . 1ut it may be said that larg- numn. Iere of porson, aintd am1onig tim many lawyers, have boven ginilhy of reason, or of elcouraging rebieliol a1gainlst the Government of the United States; and that Congress has adopteil this mole of compelng each to discover under oath whethewr lie is one of' the mnber ; and if lie refuses to Iak4 Ithe discovery, t,hat lie shall be presuied to be guilty, and the confiscation of his property in his profession shall be the pteall.v. Trulv, this is what Congress has attempted to do, but 11poln What principle, and by what right ? If hie has been guilty of' a crim, it. is the right of tle Goveri. Inlt. to have him prosecuted, colnviced and pmiiished by tie judgwimei. of his pemrs, or the law of the lauid; but with. out such convictioin, the infliction of cor poreal punishmeniit upon him, or the conlfisc:ltion of his estate, or any part thereof, is tinauthorizvd tyranny ; nor las the Goverinment any right to co. peA liml) to appeai and' give testitony againt himself, to aid it it procnrin'g such conviction. Nemo tenebatur pro. dt're so 1))SIut is the well established rule of tho coniion Iaw, and is thius expo,inded by a verv able and accurae Aterican anthor: That when the an. swer will have a tenidincy to expose the witness to a penal liabilt,y, or to any kind of punislitmet, or to a criminal civrge, or to a forfeiture of his estatw, the wi-ness is not bound to aniiswer. And if the fact to which le is interro gated formus but one link in the chain of 14st.1111niv which is to convict hint, Ito is protected. A nd if tie witiess declines answeriing, no iterference of the truth oif the fact is perititfed to be drawn fr.uin tht Circumstance. [I Greeil. EV*.. See. 551 -4153.] ''he Constitittion of the United States, as originally formed, contained na provision guaraiteeing ,to thu citi en protection agailnst. the violation by Congre-s of this great fit principle. But this protection is carefully provided inl thie fifth article of ihe amnedmtents, propoit:. at the first seion of the first Cown0gr4e4, IhicL was adoptei inl these wvorls No person shall be held to answer for a capital or othierwise infanous criime, unless on a presentment, or indicttmot of a grand jiiry, except iii cases arising in the land li naval forces, or in tie militia whni in acIuMl service in time of war or piublic danger ; nor shall any person be siubiject for thi satn. offence to be twice put. t, jeovarly of lifo or limb; nor shall Ie be compelled in any criminal case to be a witness against hiiinself, or be deprived cf life, liberty, or prOpert,y ,without. duo process of law ; nor shaill privatoti property be taken for public use without just com1pensationl. This is the fnItdamentall law of this land, and aniy act of Congress in viola tioni of, it is iloperttive, nu11ll and void and it is the solemtl diuty of the courts so to decla ro it. And 1 beg your Honor to bear in raind, that this article of the Constitution not only denies to Congress the power to compel aiiy one to be a wittness to criminate himself, but it do clares plainly and positively. thIt io oine sh'all be deprived of life, liberty or property without duo process of law, giving property precisely the samo pro tection which it gives to life or liberty. - -as an attorney it law a property in hi's profession ? If so, the Consatitution .of tho Umited States, as well as .Magna O/haro, duplarea that he shall ngQt be de prived of it withont due process of' law. , .An.attorney at law ,is an omcer be. Joingiiog to the courts of justico, [I Bacon'si Abr. 474.j An offcer is one whlo is lawfully imvested with ani offce. 7 Bacon's Abt. 279.] Offces which arei i rightt to exercise a public or a prn vate emp;oiont, anid to take the fees aund emolu'ments thereto belonginig, are aliso incorporeal liereditamnits, wheithier public, is those of magistrates, or pni vate, as of b)aliffs, receivers aad thte lik'e, .lfor.a man may have an estate in them, e'iuher to hinrtself andi his heirs, or for life, or for a (,erm of years, or for uduring j)leasnro only." [Bflackston'st Coi. #9.J By thiese quotations, it appears that a mian may have an estate in an office. WV hat is' the. meauning of the word estate? In its most exw'uSiVe senseC, it is applied to signtify everything iii which .riches or, fortuno may coi*ist, and includes person' alh and( real property. [Bonuvior's Law oe 510.] Accordinig to Judge Black' StOne, herelitaments are a species of estate, andl he declares an ofice, to be an incorporeal hereditanint IA attorney at law is then. according to the athorilies9, an otficer of the cirts, leigally vosted with nit oflice. Th t. ollice is aII estate, which may he for llf-, or for a term of years, or during plea-ure. That estat is property. And th, Constitlltion of the United States says tio one shall bo deprived of proper. ty without. due proce.s of' aw. It miitt.rs not whetier it is att.empted to he done by means of a test. oath, cQm. pelling a party to criminate himself, or in what imagiiiablo form, other than by the lirocess of I;aw, it is alike void, what ever may b the imvans resorted to for its accoimplisb>n.nt. What pow then has Congres to deprive an attorney of his property in his prolession, siplV eaIIte l refise to swear whether li has or has not violated the crimmal law of the land. when lie has neitier been charg-ed with, indictd, or convicted of any such violaion. I deny that it has such a right Tiis attempt is i viola tion of the fundani-ital law, as expound ed by the highest, authorities, and s absurd within itself; and I know of no rules governiing icourts which could justi fy yoIr Ilonor in the enforcement of any such enactin-nt. Tie statute is a nullity, an'I mn ut, in my opinion, be ,> held whenever and wherever it is broight in question before any intelli gent court. I furt.her invite your Iionor's rtteii. tion to the fact, the office of Attorney aiid Councellor is recognized as well by the Coiistitili-ion and laws of the Umited States as by the cominon law. In the 6hli article of the amendments to tilhe Conil;,ituhion, it is declared, flat in all criminal prosecutions the accused shall enjoy the right of a speedy and public trial by an impartial jury of tho State or district wherein the crimes shall have bean committed; to be iuformed of the nature and cause of the accusa tion ; to be cilfrontd with the witness. es agaiist. 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 1789 provides that inl the courts of the United States the parties may plead and matiage their own cases personally ; or by the assist ance of such couinsel or attorney at law, as by the rules of said courts respective ly, shall be permitted to manage or con duct causes thervinl. Tile court will observe that the Con gross of 1789 did not attempt to pre. scribe the qualifications of the attorn1ey, or to say who shall or shall not., prac. tice in the courts, or for wh;t causo 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 bo do. termilined by rule of courts. 'ITo office of attorney at law is clear lv incident to that of a court, or of the judgo or jndges of the court ; and the incident o!icer is only amenable to the primcipal officer, and smay be removed by him. Congress has n;o such powers. In 7 Bacon's Abr. 281, and the cases thero cited, the law upon this subject is laid down in the following vords. Wherever an office is incident to an. other, such incident office is regularly grantiblo by Iim who hath the principal office. Or. this foundation it hath been held that the King's grant of the offico Conity Clerk was void ; it beir.g insepa. rably incident t.o the oflie of sharifl', and conld not by any la w or contrivatice be taken away from him, If the Kinig's grant of 8such incident office was void, an so hleld by his own co.urts, and it could inot be taken' away from theO principAl offce by any law er conltrivance, it follows that the King and Parliament together could not rightfully do it. Where then does the Cotngress of the Uniit.ed States, restrain, edl by a written Constitultion, get power to do thlat whih the Iting and ParHti. ment together in Great Britain, *lt.host such rest,raint, have tto power to do ? The omie of county clerk in lVngland whbich from ime iimemorial hats been an incident of the offie of Shoriff; is cottainly no more intsoparably connected witht the sheriff's offoe thatn is the,omco of attorney in this country with thab. of the court,s,.an4 yet, the trendent pcg or of the'. ing and P'arliamient .gannot, without thed utter disregard of all prtnci. ple and preedl, deprive the0 pri,nel. pIe omie of this cotitrol of the incidefiL. I do not dleny tltat. Congress may lay down general rulps regulating. the pro. ceedings of the courts, and the cond4ct of attorneys ; but I do deny thiat it can, without umilirpatioi, destroy thd cotasti tuted cotirts, or d4prive thon of their legitimate control over the ittorneya ; or that it can deprive ti attorney of his office when he has been convicted of violating neithor tho lIsv of 'the land, nor the rules of the cout. But I may be asked, - if there exists no power in the.Government to deprive an attorney of his right to practice. I reply. unhesitatingly, that thoro does not unless he has forfeited it by his own misconduct, in' the violation of the law of the land, or the rules of the court, of which he ui.ust have been convicted by duo cQuIIrse of law. when the. court of which he is an officer, and to which alone he is atnenable, may sti-i4 eis name from the rolls. As he ii admitted by the court, as an officer of court, with. out limitation as to time, or during good bhIvavior, lie may hold the office for life unless le forfeits it by misbehavior, of which he can never be convicted without trial, In Bacon's Abr.. Vol. 7, page 308, the law on this subject- is laid down in the following claQnr strong langage : "If an office be granted to a man to have and enjoy so long as he shall be have himself well in it, the granted hath an estate of freehold in the office ; for since nothing but his misbehaviors can determine his iiteresq, no m1an can fix a shorter term thian his lire ; since it uit be his own act which the law does not presume to foLsee,) which only can make his estatol of shorter contin tianice thanl his life.". This is the tenure: by which the law. yer holdi his office. And it is preciselv the same by which the English Judges and Judges of the Courts of the United Sr.ates hold thoit ofices. Who ever iarl of a Judge of 'the United States Courts having been dismissed from office withtut previous ial and conviction of misbehavior ? I will now proceed to show, (while the Imiode of trial is not the sae,) that this is the rule apilied by courts to t. torneys An attorney mny be struck from tho rolls by any" ill pr(actice, 'at tended with frtud ihid corruption, and committed against tle obvious'rules of justice and.' common honesty. [ Ba con's Abr., 586.] This is the general rule of law upon the subject ; but as the following quota. tions will show. he will be heard when the charge laas been preferred, and must be canvicte befqre lie will be deprived of his offico. When an attorney has been fraxdu-. lently admitted, or convicted aftpr ad. mission of felony or other offence, which renders him unfit to be continued as an attorney, he may be struck off the rolls. And if an attorney practices after he has been convicted of forgery, perjury, subordination of perju ry, ot Wommbn baratry, lie is liable to be transported. [Sano authority, page 508.] An attorney will be struck front the rolls when ie has been convicted. of subornation of perjury. I t Mcodrd's S. (. Reps. 879.] But the Court will not proceed against such attorney before conviction. [2 lialsted, 192.] An attorhey convicte of felony and punished for it was struck ofr th'orolls, [Exrte 'iownall owpr's Reps. 829. Onl a mere allegation that. an ator. ney has been 'guiley 'of larteny, his'nuanno will niot be stricken off the rolls :ble convictionz must prece4e, [B~acon's Atir., 506.] . These are the rules- whiblh' gvera in eases whean it i* propaaed t0' gti1$ an'at. tothoy from the rolls'* (dr violtiona of public law, wvhich will only be done up on his gon victlog of spcea viQlat,ps. As lhe is an ofticer of thei Cpurt, and amena. ble to theCourt, he may. -be struck for a willfil vjohmttion of a 'nln of" Conrty without a heanag, nor i thil: hu guilt' is establishmed.. "I n ~ * A heavy 'udgmienA h4 bnoobt#n. ea iii the 11 nois' Sipsyrb e ourV by a North Carolinia'hai 1857, intrust ed a dnln of'mnoney ft# i'stnite't't a Chicigod rut egat&' brok r, Tire boker ttuned it to his own'nde 'dtarg thle 'ier andinow 'claims that thfe Mafietih at justified himn ini so doing. ILhFeurt'gine heavy dam uge for thc plantift The Editbtirgh Review mentions that the whole' of Tennyson's "In Memori. am" hAs been traislated into Latin elegino v6tse, in a rilknh(t which the reviewer considers woithy bt public nu Lice. The work has been printed for private circulatioh oWily, and the laure ate has not consented to sanction its publication, "because he nppear.to hIave boniceived that, the translations would interfere with his own copyright." George Ward, the oldest Old Fellow i the 0drAI, died recently at Preston, gland. Ie was born in 1789, and joined the order of Odd Fellows in 1815. He was one of those who signed the first "dispensation" whiah catno to AmUrion. Mrs. Thos. Carlyle, whose sudden demiso we have already mentioned, was huriedat. Haddington, ier native p'ace, on the 25th. In accordance with the Scottish practice no service was rend, but Mr. Carlyle throw a handful of earth on the coflin after it had been deposited in the'grave. Capttin Ap Catesby Jones, who left tho United States navy for that. of the ConfederateS aed commanded the iron. clad Virginia, has ,e1V appoi:ted Chief of Ordnance of the Porvin inavy. The Lafayette Herald says: "A young lady of this city, who'has vng been in the habit of eating arsonir; for the purpose of beautifying her comlex ion, yesterday took an overdoso of the poisqn, which came near killint. hetr. A physigian, was called in and succeeded in an ving her life. She at first refused L to tell whlat was tile matter wit her, but. fearing that she was going to lio, o,wned up. Tho habit of arsenic-eatin; is very common anong young ladies who deire to improve their complexion. The ex perience' of this aspirant for beanty' should. prove a warning to thei." Robert Tayler writes to an Alnbann paper-that Maury's 'stimate cf South. ern losses durit,g tlte war at seven thousand million is too high ; C'ie real loss,not exceeding thirty-five hundred iillions.. Tyler's estimate i as follows; By emancipAtiont *),700,00,000; ex pnse of tho war, $60;000,000,;' d. struction of private property, $700,000, 006 ; additional Federal taxation, *4500,. 000,000; total, $3,500,000,000. A Binont PVUR'r'FhiR. DAv13s's PRI so4 LI 'mr.-NMr. Davis is supplied with every thing in the shape ofo reature comforts; his faro is as good as any first-class hotel could offer (being supplied from tho table of Post Surgeon Cooper.) He smokes the most fra .grant liavanas, and has aeoss to the libra ry of the fort. Mrs. Davis canl visit him'at all hours during the day. and un restraint is placed upon their interviews. He has his regular walks ont the ramparts of the fortifi cation, and in Iis perambulation he' is not' even interrupted by idle curiosity-seekers' who may perchance gain admittance inside of the fortress, a recent order having beew' issued prohibiting persons ascending tile parapet while Mr. Davis is out walking. Being well supplied with the dally jour nals, hepays great attention to all they contain. From this source he became no quaintedl with the fact of his indictment by' the grand Jury lately in session at Norfolk. Instead of being downtast through this cir.. oumislance. he seems to- be elated at the prospect of a speedy trial'. He has vegained to a wonderfal extenir some- oA. his old-time' oheerfulnesq an4 vivacity, and'does not even' care to 'conceal'it. Setoredly tv day' passes but some present flw Mrs Davir,. uefut for her ostic- houseloldt arrives;'andijudg int fro4 the- spnekle of her eye' when tie artile-io opened, it must cause' her the greatept pleapuTo- to know that she has so man,y friend and admirrs.-C6orrespondent of lAT Na York World. ' 1sAn1*W or' CoL. OaR.-Our citizens will regrot o-learu that liis Excellency tile Governor took ~Is departuro yesterday maorning for his hme In' Anderson, whlere he' ut'potes -resnaning 'fer several weeks. 'The onerous dutiea-whicoh: he hns been come polledi to perferm' hoe in restoring the St ateo t6eherold' peition, leave made' ft' necessary that,be seodd attend to the recoperation of his own 'liealth. He wills, htowever, combine bitsiness *tEst 'pleiete.' tnd' visit the vari ous' putbii'wees hin the npsr port,ion of. the e,er at/ G'eenvllle ap eder Springs. f6r' tte'ptalioe! of ntiakng hheself'familiar' with the wanse,'and taking fich action as may be requre4a tlhe premises, The energ putfort Ilis- Escelleney since lisdodlt tett bernator'ial chair has wh4endeftin atQ *s*Ugdegree, to the bene fit of South Carolinwi--. grlinian,. Titx FanDn'AL DSAD---si' worli. of re movng o Atiaon Ceptpry the (lead boiso odeso h Army of the 'Foto inae, wha died trota disease hdfd were killed d~nrIng the perly years of the .war', w be:tbe army was en oanlped In theq vioinity so this eity; Ed'ferwdhis hke'been pomplet ed. Tltsw weeld,678 odies dis5e6trond and rem9od. Coptains 1 . lyes, A, Q. M., who'had chargo of' that work, has beon as signedh on similar duty at It.ihmnnAd Thi Chaurch Estelligencer, D EVOTED to the intorests of the Pro tostant Episcopal Church, is publish ed at Charlotte. N. C. Terms of subrip tion, cash in aldvince. For six months, $2 00 Fot one year, 4 00 Tima,ts or AnvnTiSo-Fifteen cents a line, or for the space of a line. To yearly advertisers, a liberal diductiou on the abuve will be made. All Obituary and other Notices charged at one Cent pei word. Subscribers desirhig to have their Post Offiets changed, will state both where their pnpetr are now being sent, and where they would have them directed in future. For one moith before each subscription expires, a pencil mark on the margin will remind the subscriber to renew his subs6rip tion by an early remittance. All communications should he addresse.d, John Wilkes, Trensurer, Church Inteliencer, Charlotte, N. ." Feb ' DAILY CAROLINA TUIES, Charlotte, it. C. S PUBlLISHED DAILY AND TI.I-EEKLY, and furnished to sub scriber, upon the following terms Daily Times, one year, $10.00 " siAolitlis, 6.00 4f - "s three months; 3.00 -Tri-Weekly T,nies, one yeai, G.00 " six ionfhs, ..00 " " three montls, 2.00 The Weekly News, cOntaining twenly. eight eolumns, W transcript of the Daily Time,, is published every Tuesay, at $3 per anntum. Club:t of ten or more, $2.50, and a copy to the gater up gi tis. Terms of ndvertising.-In tie Daily and Tri-wokly Times. one square (t 'n lines or loss) I for firmt insertion and 60 cents for each subseirent. insertion. A reasonable reditelinn nuvle for advortisetnents inserted for a longe' period tian mi e aatli. Advertisn1en(s insertet In the Weekly Ne wn at $1 per square for each insertion. Alflot ters on business with the above publications should be addressed to, WAIiNG & IERIiRON, Feb 1 hrlot, N. C. PUnLIs11Vn AT Uo1.U31iA, S. C., BY JULIAN A. SEL3Y. rT VIE Daily Phohir. issued every morning, exceptSulndtay, is filled witth the latest nows, (by telegrap, mails, etc.,) Editorial Correapondence, M iscellarny. Poetry aid Sto. ricH, This it tile only daily paper in the State outside tf tho city of Mbar l ston. riwrri-Weekly Plhcnix, for country circu - lation, is publishel every Tuioadhy, Thursday amt Saturday, and has all the read ing mnatter of intercat containod in the lai ly isaues of tie week. Vocekly Gleanor. a home comanion, as its name idicates. i i intended as a familyjourna I and is published every Wednesday. It wi!l contain Eight pages of Forty C:olumns. The cream or the Daily and Tri.Weely will bo found im its colnins. Daily, one year....... ...............10 00 three months .................. 3-00 Tri-W eekly,one year................ 7 0t) three montho.................. 2 00 Wccllv, one year-................... 4 00 three nontha.................. 1 25 Advertisenentt inserted in the Daily or qrri Weekly at 81 a square for the first insertip, and 76 cents for cacti subsequent inifertiod. Jeckly advertisements $1 a square every aertion. ont 24'65 HEViVam1 A NRW SRir 'I OP "THE BAPTIST BANNER,"i WILL BR COMMENCED eI SATUnRDAY, TWFOTIH INSTANT, AT AUOUs 'A,.OEORGIA, - By the Former Proprietor. AM happy in being able to makethe above announcement. The Banne il be published every Saturday. I . i Subscriptions are respectfully so licIted. $3.00 per annum. Address J'AMES N. ELLS, Proprieson 25j7 Each .ewspaper in Georgia, a South Carolina will please cop.- twice, an4 send bill to J. N. E. sept 28'65---2 ' Time Chester Muasdard, liY GEORGE PIT HER-i Rus.tsar.D waarK.Y A'r onwa'rnico~ . 0g T ERIMS: For ontemtorit25' oeth cide -76 *ents fort threentootIe, pyable sk.liet ly Ia advance, either' iispwelo or provisions. No subscriptions received on' any otheS terms than the above,. not for- a -Ilnger or shorter pe'riod. Any person olitaInitI'g club of ttienst will receivo *e paper gratis. Adlvertisemnents Inserted- at 51 00 or square (I1) lines) for t he ir'st insertion, and 15 cents fotr every additIonal InsertIon. oct 24'05 Tlac Igeowee )ouurle,, PiVDL1bitKD wlit#KL' AT' PlC KCI(, ., gi~ . c., BY R. A. YflOMPSON & C0. T ERMS--Onmo Dollar and T*enty-fiva Coens for slx .*nonths, in advance. Advertisements insorted at $1 per sqjuare for the lr8t. inisertion, and'(50 cents for each subsequent Insertlon.. roct 24'8