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II. THE CONTINENTAL CONGRESSIONAL ERA. Under the equivocal expression “the people,” tho Ou the 5th of September, 1774, a Congress of twelve | true issue may be evaded. What people? The whole colonies met at Carpenter's Hall iu Philadelphia.
of the colonies as the one people - as one civil body First. What was its nature, and whom did it repre
politic? Or from the people of each and every colony, sent, and for whom aot?
and, therefore, from all? For it is true that the powSecond. Whence did it derive its powers?
ers were derived from the whole people, is derived Let its own journal and the official records decide.
from the people of every colony, as well as if from all 1. The Virginia Burgesses, dissolved by Lord Dun
of them taken as one body. Whiob was it? That is more, met in Williamsburg, May 26, 1774, and recom
the question. mended inter alia, that deputies be appointed “ from
But the whole statement is bistorically inaccurate. the several colonies" to meet in “General Congress at
In Massachusetts, Rhode Island, Connecticut, Pennsuch place annually" as shall be convenient; there “to
sylvavia and South Caroliua, the deputies were apdeliberate on those general measures which the united
pointed by authority of the colonial governments. In interests of America may from time to time require."
all the others, the governments had been dissolved by Amer. Arch. (4th series, vol. 1), 350-1. Rhode Island
royal power. But in New Hampshire the deputies on June 15, 1774, concurred (id. 416-7), and Massachu
from all the towus met and elected its delegates “ on setts June 17, 1774 (id. 421-2), resolved that “a meeting
behalf of this province;” and so in New Jersey, Delaof committees from the several colonies was proper to.
ware, Maryland, Virginia and North Carolina. In determine upon wise measures, to be recommended to
New York they were appointed by popular votes in all the colonies," etc.
the towns and counties. But afterwards, as colonial The credentials of the several delegations may be
and State governments were established, all the depuseen. Amer. Arch. (4th series, vol. 1), 893, etc. ; 1 Jour.
ties to the subsequent Congresses were appointed by Cong. 4 to 10. Each of them appointed deputies, to
their respective legislatures. For this let the credenact for and in behalf of this colony or province.
tials be avouched.
In every Congress, from 1774 to 1781, there is no hint The journal opens thus:
in the credentials of any delegate that he represented “A number of delegates chosen and appointed by
any thing but his own colony, nor is there a symptom the several colonies and provinces in North America,
of any one ever claiming to represent the people of to meet and hold a Congress," eto.
America, or any other people than the people of each Each colony, by its deputies, had one vote. 1 Jour.
separate colony. Each colony spoke its own voice 11. Congress issued six addresses, in all of which, but one,
and Congress spoke the combined will of all the colo
nies-- each voting as such, with its oue vote, through the name of every colony was mentioned, as by its deputies the authority for the address, thus: “The
its own deputies. good people of the several colonies of New Hamp 2. Whence did Congress derive its powers ? shire," etc. (naming all). 1 Jour. 27, 31-36, 43, 55-63. It never claimed any inherent powers. It claimed And so in similar form in the others.
to act as the organ of the colonies. It never claimed In the one exception to this statement, the address to enforce its will against a dissentient colony. is to the inhabitants of the colonies, and in that, while One extraordinary fact should be noted. The Conomitting the names of the colonies in vaming the tinental Congress, during its seven years of existence, deputies, they are all named in counection with the passed resolutions and recommendations, and expressed parties addressed. Thus: “We, the delegates ap opinions, but never enacted a law. It passed only two pointed by the good people of these colonies to meet ordinances, that I can find, and they merely for its in Philadelphia in September last, for the purposes own interval operations; one to regulate the clothing mentioned by our respective constituents," etc. This department, the other its treasury. is preceded by a caption: “To the inhabitants of the It is true, that Congress did many acts, which have colonies of New Hampshire," etc. (naming all). When been much relied on by Judge Story and others, to the words " these colonies" are used afterward, they show the assertion of its inherent and sovereigu cannot relate to any but those named iu the caption. power, as the representative of one civil body politic. So that there is nothing, one would suppose, to indi Thus it adopted re solutions as to exports; to put the cate any assertion of political unity in the colonies. colonies in a state of defense; to raise troops; to ap
Judge Story, however, in his Commentaries on the point a commander-in-chief and other general offiConstitution (vol. 1, $ 200), says: “The Congress of cers; to emit bills of credit, pledging the faith of the delegates (calling themselves in their more formal acts thirteen colonies to their redemption, and apportionthe delegates appointed by the yood people of these ing the quota of the emitted bills to each colony; pubcolonies,”') etc., and the italics, are his owu.
lished a declaration of causes for takiug up arms; aud This statement is not only historically erroneous, organized a post-office department. but calculated to mislead. The quoted form is in only I have not time to examine these details, but a few one of six of the formal addresses issued, as I have observations will suffice. shown, and the learned author has omitted the cap 1. This whole action was taken by a Congress comtion, which excludes the idea of unity, which his ital posed of deputies of each colony, voting for and on ics would emphasize, and the other five absolutely ex its behalf, under powers and instructions, in terms, clude the conclusion he deduces from the only one he “to consent and agree to all measures which Congress cites.
should deem needful;” and the authority so deleThe author theu proceeds to say that the deputies gated in this most general forin, justified all the acacted upon powers derived from the people, "and not tion taken by Congress - which at no time claimed to as the delegated agents of the governments de facto act, but as the organ of the colonies represented of the colonies, but in virtue of original powers de by their respective deputies and actiug iu their berived from the people," $201.
2. No action was taken which for its real effectua- tions between herself and neighboring States; elected tion was not dependent in a large degree on the will her governor, and other officers, who on the 5th of of the separate colonies.
July, 1776 (when the General Declaration could not 3. In many, if not in most cases, the separate colo- have been heard of) took an oath of official fidelity to nies, by subsequent action, ratified what Congress had the Commonwealth of Virginia. All writs were to isdone, or so acquiesced in it, that a letter was written sue in the name, and indictments to conclude against in 1779 by Congress justifying its action on that the peaoe and diguity of the Commonwealth of Virground, and in the separate sanction given by each ginia. And in 1776 she passed an act prescribing an colony to the Declaration of Independence after its oath of allegiance to the Commonwealth of Virginia, adoption, which virtually gave to Congress the use of as a free and independent State. 9 Hen. Stat. at L. the needful means of war, treaty making, etc., to sus 119. . tain the independence so declared. 5 Jour. 259–207. South Carolina, iu 1777, and Massachusetts in 1780,
4. The pledge of the credit of the thirteen colonies prescribed a like oath of allegiance, that each was and to redeem the bills of credit was the pledge of the of right ought to be a free, sovereign and independent several colonies, for Congress.could raise no money by | State. taxation, and at once apportioned the quota of each . Congress on the 24th of June, 1776, resolved, that all State to pay its share. The general agent pledged the persons in any colony owed allegiance to its laws and credit of its thirteen principals.
were meinbers thereof, and for levying war against it, 5. Washington was commissioned Commander-in- would be "guilty of treason against such colony," and Chief, but in the name of all the colonies, expressed in recommended to each colony to punish such treasons. the commission, 1 Jour. 114. The oath of all the officers 2 Jour. 217. It also asked the colonies to punish the was, “I do acknowledge the thirteen United States counterfeiting of the Continental Bills (2 Jour. 217-8), of America, namely, New Hampshire," etc. (naming | and to punish the destruction of the Continental Magall), “to be free, independent and sovereign States." | azines (3 Id. 330), and on the 5th of July, 1776, asked 2 Jour. 400. No oath was taken to Congress or to the Virginia, North Carolina and South Carolina to perone people of the United States.
mit the raising of troops within their limits. Id. 236. Much stress is laid upon the fact, that several of the These public acts of Congress and States prove the colonies formed governments upon the suggestion of | recognition by Congress of all the real powers of govCongress.
ernment to have been in the colonies, its own inability I answer, that in every case it was merely done in to carry out its will, and its dependence on the sep. the form of recommendation. In the case of Massa- arate sovereignty of the States. It could not punish chusetts upon her request “ for the explicit advice of the forgery of its own bills, the destruction of its own Congress." 1 Jour. 105-8. And in April, 1776, she magazines, nor did it claim treason was possible changed the style of judicial writs from “ George against any government, save of the several colonies. III” to “the People and Government of Massachu In fact, in its famous declaration of October 14, 1774, setts." So as to New Hampshire (1 Jour. 206, 215), already quoted, it had claimed no power, but only deand South Carolina. 1 Jour. 219. North Carolina in clared the supreme and exclusive authority of each April, 1776, took steps without any action of Congress, colony. and its government went into effect December, 1776. It is a curious fact, confirmatory of these views, Early in 1776 Connecticut declared its form of gov that the concession of the commercial power to Parernment, and that it was a free, sovereign and inde liament during the colonial period did not induce any pendent State. And so Rhode Island in May, 1776; claim of its transfer to the United Colonies after inand New Jersey in July, 1776.
dependence. So that this great power, as well as that It is true, that Congress, being the organ of all the of internal government, reverted to each State, upon colories, who were striving for a common safety from independence, and was held by each of them until the a common danger, was looked to by a colony propos
Constitution of 1789. ing a new step in advance to give advice about its pro | But Judge Story, as the leader of a class of political priety with respect to the other colonies with whom it writers, has said, that the Declaration of Independwas acting; and May 10 and 15, 1776, Congress recom ence was “an act of paramount and sovereign aumended to all the colonies to form governments (2 thority;" was the “act of the whole people;” “of Jour. 158, 166), but never claimed power to direct it, original inherent sovereignty by the people themor control or supervise the action taken.
selves; " " by the good people of these colonies.” 1 On May 15, 1776 (and before the recomme: dation of Story on Const., $ 211. Congress could have been heard from), the Convention
If he meant by this, that all the people, because the of the people of Virginia met in Williamsburg and people of every State united in it, we should not passed a declaration that no alternative to abject sub
deny, but affirm the statement. But if he meant mission was left but“ in total separation from the crown that it was the act of one body politic, of which the
verument of Great Britain and this without colonies were fractional parts and not the multiple of advice asked or given by Congress. She instructed her
thirteen colonies, of which each colony was a distinct delegates in Congress to propose a declaration that the
unit, the theory is wholly unsupported by any facts States were free and independent, at the moment she
in history, and is contradicted by all. 80 declared herself. She adopted the first Bill of
The most interesting account of the debates leading Rights in America, June 12, 1776, for the good people
to the declaration was given by Mr. Jefferson to Mr. of Virginia; and the first written constitution of a
Madison, and published in the first volume of the free commonwealth in human history on the 29th of
Madison Papers, page 9. Junie, 1776; (five days before the Declaration of Inde
On the 7th of June, 1776, Richard Henry Lee, one pendence,) in which she declared all power of govern
of the delegates from Virginia, in obedience to inment in herself for her own people; her succession to
structions from their constituents, moved that Concrown rights by escbeat; settled the territorial ques- I gress should declare that these United Colonies are aud of right ought to be free and independent States. united Colonies were one people, the declaration The resolution of instructions is to be found in ap should have been, “are and of right ought to be a free pendix to 1 Tucker's Blacks. 91-2.
and independent State." The substance of the debate is given by Mr. Jeffer Judge Chase, in Ware v. Hyllon, 3 Dall. 224, said: Bon, a part of which may be cited.
“I consider this as a declaration, not that the United The objectors said, inter alia : “That if the dele Colonies jointly, in a collective capacity, were indegates of any particular colony had no power to de- | pendent States, etc., but that each of them was & sovclare such colony independent, certain they were the ereign and independent State, that is, ench of them others could not declare it for them, the colonies be had a right to govern itself by its owu authority and ing as yet perfectly independent of each other."
its own laws, without any control from any other John Adams, Lee, Wythe and others replied: “That power upon earth." the question was not whether by a Declaration of In- 1 But how entirely antagonized is this theory of the dependence we should make ourselves what we are learned commentator to another fact in the history of not, but whether we should declare a fact which al this era ready exists;" and that by the actual hostilities, and Virginia, New Jersey, Maryland, New York and the declaration by the King, that the colonies were others instructed their delegates “to give their assent out of his protection, all bonds were already dis to a confederacy of the colonies.” Congress entered solved, eto.
ou the plan June 11, 1776, matured it November 15, This shows that independence was already a fait ac | 1777, and it was vever ratified until all the States had compli, and the declaration could not make, but only assented in 1781. Virginia and others qualified their announce it.
assent by reserving the regulation of their internal Mr. Jefferson goes on to show that it was delayed concerns to their respective legislatures. for some time, until each colony should authorize its If the colonies were on July 4, 1776, a paramount deputies to consent, as none could be bound but by its sovereignty, why talk of forming a confederacy? assent. He says, nine States voted for it, two against What gain could be hoped for from abdicating parait, one was divided, and one undecided; and after the mount power for the imbecility of a confederate gove others yielded assent except one, he adds: “So that erument? What right had a State to reserve its inthe whole twelve colonies who were authorized to vote at ternal government from the hands of its absolute all, gave their voices for it; and within a few days the sovereign? Aud yet Congress, on the hypothesis of Convention of New York approved of it, and that Judge Story, was urging the adoption of this feeble supplied the void.” 1 Mad. Pap. 17, 18; 1 Pitkin, 362-5; confederation, to supersede its absolute and para12 Nile's Reg. 305. New York never assented by her | mount authority! deputies until July 15, 1776. 2 Jour. 250.
Without power to tax, Congress was utterly at the In a circular letter, written by Congress to the States will of the States. Its now claimed sovereignty was, in in 1779, it is claimed that every State in the Union the language of every patriot of that era, a helpless had by express assent and ratification sanctioned the | and powerless government, whose weakness would Declaration of Independence, and thus had sanc bave lost independence but for the French alliance. tioned the treaty power, the making war, and every And no one has stated more powerfully the imbecility pieasure needed to redeem the pledge of lives, for of the authority of the subsequent confederation, tunes and sacred honor. 5 Jour. 259, etc.
which was greater than it had been before it was formed This evidence proves that the independence of each than Judge Story himself. 1 Story on Const., 4th State preceded the declaration, and that it was made chap. by the deputies of each State for and on its behalf, In Penhallow v. Doane, 3 Dall. 54, the judges speak and gained its authority from the separate colonies, of the relation existing, during the revolution, between and mone by virtue of the paramount sovereignty of the colonies, as a league -- based on compact or tacit Congress as the potential representative of one civil consent — they say that the powers of Congress were body politic, divided into thirteen subordinate prov. "derived from the people of each province," conveyed inces. In truth, it was said in debate, that if part by each body politic separately, and not by all jointly, consented to the declaration, and the others dis and that Congress had no power not given; that the sented, there would be a disruption between the powers were given by the credentials to the delegates, States.
or by subsequent ratification, and that the States were But the terms of the declaration are said to be sovereign, saving only the powers they had delegated against my view. Turn to them: “We, therefore, the to Congress. representatives of the United States of America in In Martin v. Waddell, 16 Peters, 410, Taney, C. J., General Congress assembled, do, in the name and by said (Story, J., concurring): "For when the Revolu. authority of the good people of these colonies," de tion took place, the people of each State became then. clare "that these United Colonies are and of right selves sovereign, and held the absolute right to all ought to be free and independent States,' that as such their navigable rivers," etc. See, also, Pollard v. Ha" they have full power," eto.
gan, 3 How. 212. In view of the facts already stated, is it not appa But some one may say where did Congress get the rent that the representatives spoke in the name and power to make the French alliance and other treaties, by authority of their several colonies? Judge Story, I answer: iudeed, again relies on this phrase, "good people of 1. By special and general powers in the credentials these colonies.” But if there was one sovereiguty, of the delegates of the several colonies. why delay its action until a part was heard from? 2. In their resolutions giving assent to the DeclaraThe part would be bound without consent, by the will tion of Iudependence and to foreigu alliances, by of the majority, if the hypothesis assumed be true. Virginia and other States. But why does the one people declare the freedom and 3. In their consent to the Declaration of Independindependence of the plurality of States? If tho I euce, which asserted that power.
4. In the treaty with France it appears it was made persons, and so it has looked ever since. The only case with the colonies, and by Congress in their names. It when a citation can be called for, is when it would was proclaimed by the “Congress of the United States notify some one ignorant of the will, who wanted to of New Hampshire," etc. (all named), “by the grace of contest it. There is a possibility, but scarcely a remote God sovereign, free and independent," and purports probability, that such an one can be found. I was to be made with the thirteen United States of North surrogate nearly five years, and not one contestant was America, viz. : New Hampshire, eto. (all named). 6 brought forward by citations in that time in Suffolk Jour. 74, etc.
county. My predecessor for ten years, told me that (To be continued.
he never had a single contestant who would not have been so, if no citations had issued. I have made in
quiries in other parts of the State, and have never PROVING WILLS.
heard of one contestant that was brought forward by
a citation. It is doubtful if anybody, during the fortyW E never saw the chapter relating to Surrogates' seven years this strange law has been in force, was ever
m Courts, passed at the last session of the legisla brought forward as a contestant by a citation. Then ture, until within the last few days. We deem it for why should the trouble and expense of these citations tunate that it was not approved by the Governor. be thrown upon the estate of every man who leaves a
The provisions of that chapter, like the whole legisla will? It would look as if it were thought essential to tion of the Revised Statutes upon the subject, are very give validity to the will, that it should be proved on onerous, and we think unjust to the people.
notice to every one that might have inherited without Before the Revised Statutes took effect in 1830, the a will, but it is not so. A will of real estate gives a executor, or some other person interested in a will of perfect title without being proved or recorded, and it personal estate, took it, with one of the witnesses, to only gains by such proof and record, what a deed does the surrogate, who proved and recorded it, and issued by acknowledgment and record. A will of personal letters testamentary to the executors therein named. property can be contested at any time within a year This did not finally establish the will, for anybody in- after it has been proved and recorded, the same as beterested could contest its validity at any time within a fore the Revised Statutes. year. No citation was necessary. If anybody wanted It is, therefore, a mistake to assume that there are to contest the will, he could file with the surrogate a any rights existing between the legatee or devisee on caveat against its proof, when proper means would be the one hand, and the next of kin or heir on the other, taken to test its validity. Then the surrogate took no which are to be cut off by the proof of the will on cognizance of a will of real estate as such, but the notice. A will gives as perfect a title as a deed. Revised Statutes authorized the surrogate to prove I never heard at the beginning, or since, wherein any and record wills of real estate, so that they stood sub- thing was to be gained by citing all the next of kin on stantially the same as deeds duly acknowledged or the uncontested proof of a will of personal property, proved and recorded, but they could be contested at / or what profit it would be to cite all the heirs on the any time afterward by anybody interested. The law proof and recording of a will of real estate, where no is now substantially the same as to the legal effect of one contested it. Much was said in those days about the proving a will before the surrogate when it is not con importance and elevation to which the Surrogates' tested.
Court had attained under the Revised Statutes. It The remarkable thing is, that ever since 1830, a party was then, and till lately has been a court of fees, and who wants to get a will proved, must present his peti the fees and expenses attending these citations were tion in writing, under oath, showing the name, age | certainly very burdensome to be paid out of the esand residence of all persons having an interest under tates of testators, and, of course, principally by widows the statute of descents, or of distributions, to the es- and orphans. tate of the decedent. The surrogate must enter an Now the trouble and expense of obtaining and seryorder in writing, for the issue of citations under seal, | ing citations, tell very heavily against the benignity which must be served by delivery of a copy on those of the widows and orphans' court, while cords of in the county eight days before the return day, and manuscripts, petitions, citations, affidavits and orders on those out of the county fifteen days, and on those have accumulated in the offices of these courts, merely out of the State by publication six weeks. On infants, to prove and put upon record the will and proofs, the under fourteen years, the service must be personal, only thing that can be of any utility, and these cannot and also on the person in charge of the infant. On be used by any party on a trial when the will is oonthe return day proof of service must be made, an order tested. entered appointing, on written consent, special guard. We think a proceeding like this for the proof and ians to the minors, and a further order for the proof recording of wills cannot be found in any State or of the will is then made and entered.
country cognizant of the common law. Thereupon two long depositions of the witnesses are When I was a member of Assembly in 1854, I repregenerally made in response to a single interrogatory of sented the case to the House, and it readily passed a the surrogate. The orders, depositions and will are
bill to change the law in relation to the proof and recorded, and the petition, citation and affidavits are record of wills, so as to dispense with citations when filed, and an order is entered adjudging the will duly the will is not contested, and I have no doubt it would executed.
have passed the Senate, had not illness prevented my Now what is all this parade of citations and service attendance before a committee of that body, so that for? Nothing, absolutely nothing. The only good, in the bill was not brought before it. the nature of things, it can do, is to notify anybody Of course we should be sorry to see the proposed that wants to contest the will. It appeared to me at new law go into effect. Its main features are the same the beginning, in 1830, unreasonable and very unjust as the present law. It does not lessen the trouble ed to throw such a burden upon the estates of deceased l expense of proving a will that is not oontested, while it makes but little difference as to the effect of such | The clerkship may be proved by the certificate of the proof.
attorney with whom the same was served, or in caso After writing thus far we stopped and made inquiries of their death or removal from the State, by other personally or in writing, in ten or more of the principal satisfactory evidence. The time of study allowed as counties of the State, as to what proportion of wills a substitute for any part of the clerkship may be presented for proof are contested, and the result is proved by the certificate of the teacher or the presithat on an average, considerably less than one in thirty dent of the faculty under whose instructions the peris contested. Probably the proportion for the last son has studied, in addition to the affidavit of the apforty-seven years has been less than it is now.
plicant; the proof must be satisfactory to the preThus we see that the proceeding for the proof of siding judge of the court, who alone shall make the a will not contested, is practically the authentication order allowing a deduction from the regular term of and recording of a document not disputed by any clerkship by reason of such studies. body.
III. When a will is to be contested, of course, the par
No person shall be admitted to an examination as ties interested will be brought by citations, or other
an attorney unless he shall have served a regular clerkwise appear, and it must be very rare, if it ever occur. red, that a citation would reach a contestant who had
ship of three years in the office of a practicing attor
ney of the Supreme Court after the age of eighteen never heard of the death of the testator. We cannot but regard this as a remarkable case of
years. An allowance of one year shall be made to aptheoretic legislation that ought to be changed.
plioants who are graduates of any college or univer
sity. Any portion of time, not exceeding one year, GEORGE MILLER.
for graduates receiving the foregoing allowance, and
two years for other applicants, actually spent in reguNEW RULES REGULATING ADMISSION TO lar attendance upon the law lectures or the law school THE BAR.
connected with any college or university of this State THE following rules were adopted by the Court of
having a department organized with competent pro
fessors and teachers in which instruction is regularly 1 Appeals September 28, 1877, and went into effect the 1st inst. It will be seen that they make radical
given, shall be allowed in lieu of an equal period of
clerkship in the office of a practicing attorney of the changes in several respects:
Supreme Court, but in no case shall an applicant be Ordered, That the following amended rules for the entitled to an examination as an attorney, without examination and admission of persons to practice as having served a clerkship in the office of a practicing attorneys and counselors in courts of record in this attorney of the Supreme Court for the period of at State be, and the same are hereby adopted, in pursu least one year. ance of the provisions of the Code of Civil Procedure, all the judges concurring:
It shall be the duty of attorneys with whom a clerkI.
ship shall have been commenced, to file a certificate of
the same in the office of the clerk of the Court of ApNo person shall be admitted to practice as an at
peals. The clerkship shall be deemed commenced torney or counselor in any court of record in this
from the time of such filing, and a certified copy of State, except as provided in these rules, without a
the certificate, and of the filing, shall be produced at regular admission and license by the Supreme Court,
the time of the application for examination. at a General Term thereof, after a satisfactory examination, conducted by the judges of such court, or by at least three practicing lawyers of at least seven The examination and admission provided for in the years' standing at the bar, to be appointed for one previous rules shall entitle the applicant to a license to year at the first General Term held in each year in the practice as an attorney only. At the expiration of respective departments. The members of such com
two years from the time of his admission as attorney, mittee of examination may be removed at any time by he may apply to the General Term for examination as the court, and vacancies for any cause, or non-attend a counselor. Upon such application he shall, by his ance, may be supplied during the year.
own affidavit or otherwise, satisfy the court that durII.
ing two years since he was admitted as attorney he
has been actually engaged in the practice of law as a To entitle an applicant to an examination as an at
clerk in the office of a practicing attorney, or othertorney, he must prove to the court, 1st. That he is a citizen of the United States,
wise, or in attending a law school or law lectures, as
provided in Rule III. It shall be the duty of the twenty-one years of age, and a resident of the department within which the application is made, and that
court to cause an examination of the applicant to be he has not been examined in any other department
made either by the judge bolding the court or by a
committee as provided in Rule I, and if satisfactory, for admission to practice, and been refused admission and license, within three months immediately pre
to license him to practice as a counselor. ceding; which proof may be made by his own affi.
Any person admitted as an attorney of the Supreme davit.
Court may practice as an attorney and counselor in 2d. That he is a person of good moral character by
VI. the certificate of the attorneys with whom he has passed his clerkship, but such certificate shall not be Persons who have been admitted as attorneys in the conclusive, and the court must be satisfied on this highest courts of another State, may be admitted to point from examination and inquiry.
examination as attorneys and counselors if they have 3d. That he has served the clerkship, or pursued the served a regular clerkship of one year in the office of substituted course of study prescribed by the rules. Ta practicing attorney of the Supreme Court of this