Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-12-04

Oaths, have been laid before the State Convention
by Judge Biggs:- 800
Of the Committe on tie Ordnance respecting oaths.
The Committee to which was referred the ord
nance concernig Test Oaths, having instructed me
to report the accompanying ordinance, entitled An
Ordinance to define and punish sedtion, and to
prevent the dangers which may arise from persons
dlsafeced t>the State and to recommend that the
same be adopted as substitute for the ordinance
referred. -. .--.-., ID r.,s,, ,.,l -
The Committee, without division, concur in the
necessity and propriey OF the first and second sec
tons of the ordinance which proposes to define and
punish sedition. We are now engaged in fearful
struggle to achieve and maintain independence
OF the government of the United States, which has
dcgenerated into the most perfect aud cruel despo-
tsm that the civilized world can now present. 1t
Is struggle in which there be neutralS 1t
demands the active exertions of all our people,
at home and in the field, to drive back the invader
that seeks our 'subjugaton and ruin Patriot
ism and self preservation concur in requiring us to
adopt some means which will expose and punish
the fratrcide who will, in tins day Of trial, evade
the penalties of treason but give aid and comfort to
the enemy in the most insidous and dshonorable
manner.
In the opinion Of majority of the Commute, it
is also necessary and proper to adopt the other sec
tons of the ordinance, which make 1T the duty OF ali
male persons in the State to take oath OF alleg
ance, except the volunteers who by their own acts,
have SHOWN their devotion to the government and
their loyal determination to resist the enemy to
the last extremity. 1t it be objected that legislation
will add weg ht to the opinion expressed hy our
enemy, that there large Union sentiment
in this State the answer is at hand. We have sent
into the field thirly-five thousand volunteers and
those at home, by this action, express their desire
H.
gage, before God to Defend support and maintain
tins government the only hope of maintaining
republican institutions in their purity. Why shall
We object to enter into this solemn obligation? If
only propounded to suspected persons, you run the
hazard of introducing personal strife in neighbor-
hoods; but to make the obligation general, as pro-
posed by majority of the comuttee, the tories in
heart who have not the courage by acts or words
to take the responsibility of opposition to the gov
eminent, will he compelled to eNpnSe their hostility
and leave the State suppress their tatorous pro-
penSities and lose all their power for mischief.
Iour Committee entertain the option that the
number will be comparatively very small who will
incur the penalties Of settion, who will, for le-
lSng to take oath of allegiance be sent out Of
the State; bat it is of vast Importance that they
should he known early, and marked in such man
that their influence for evil may be utterly lost.
Experience proves that it will not do telpori>e with
treason, and while We would avoid the brutality and
cruelty of the enemy towards those patriots in Mary
land who differ with the military depoS,n there,
| 10y which their will Is SuppreSs and the freedom
of speech and of the press annhate, yet 1t is H.
dSpenSably necessary that We should attach to our
by all the in power the hearts and
feelings Of ali people, and rid ourselves of the
! presence and ni ience of croakcrS and traitors.
We are gratIfiad 20 be able to follow the proceed
ents of early days il the egi lation how proposed
The fathers of 7.G foughttor liberty and independ
! cnce. Wcare fl Citing for the same. Al themate-
rial provisions of the ordinance reported are
taken from the Acts of the General Assembly passed
by the Legislature of this State in April and N"ycm
Der, l777. Although great changes have taken
place since Ill., yet there has been no change III
the living principle that the people have right 10
| govern themselves; and when we are i'll struggle
to maintain that principle, all the people OF State,
by their acts solemn obligations, should be
PEELED to sustain the government that gives them
protection, or seek hcnir with the enemy, and not
polinte the pure air breathed by patriots
In April, l7l7, the first act OF the revolution in
relation 10 treason and oaths passed The off
/ which we call sedition in the accompanying
ordinance, called mis2rlSion OF treason, and the
| punishment was Imprisonment during tie war, and
a forfeiture of one half of the property OF the eff
ender; and the acts in relation to tie oath required
to be taken by all male persons above sixteen years
old, were mach stringent and the penalties
greater than the omnttce propnSc bat the pre-
ambe, to the eighth section of the act of November
! HI, is eloquent and truthft!!, the Committee
conclude this hurried report by extract there,
from:
"WuEREAs Among other things it was enacted in
an act entitled an Act for declaring what crimes and
practices against tic State shall be treason, &C.
that each ana every JuSt,ce in each respective coun
~ may cite any person persons to take the afore-
said oath or affirmation and IN cases of nOn-attcnu
ance refusal the said court shall and may have
fall power to compel such person or persons to leave
the State, &c. And scruples have arisen
with respect to the manner by law required for the
service Of such citation, and as by many it has been
held that service upon the person a'f him to bp
cited was necessary before his attendance IN court
could be legally compelled; and as many suspected
PERSONS Ivy continual absence from the place of their
abode or frequently removing from thence have rem
dered the service Of such personal citations difficult
and in some cases impractcable, whereby they
evade the intentions of said and cannot oe obliged
to take the oath prescribed nor be made subject
the penalties ordained for negect!ng refusing the
same: And whereas there is great reason to believe
that there are divers persons whose intentions arc
ninical to the State, who would in of invasion
by our enemies or the expectation of immediate
support of them carry such intentions into practice
but who artfully in their open deneanor and de-
pertinent betray such design, whereby from not
mourning particular SUSPICION they have escaped
being cited; and as 1t becomes the duty OF every
member of seciety to give proper assurance Of fl
deity to the government from which he enjoys pro
lection and 10y their refusal to do So the voice OF
reason and Justice confirmed by the pratice of all
nations proclaim tat they should no longer enjoy
the privileges of freemen of the SAID State; and
the penalties ordained by the said act have been in
great measure evaded by the difficulty or impossi-
bllity of procuring vessels to transport all such
cusants beyond sea, Or from their being unable to
pay the expenses of the voyage, by which means
such persons still remain within the State without
suffering the penalties they have justly deserved
Be IL enacted" dc.
And the act then provides substantially for gen.
eral oath &C., as provided BY the accompanying or
dinance
Respectfully Submitted,
ASA BlGGS, Chairman
AN ORDINANCE,