Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-12-04

line loll9Wing report and ordinance upon Test,
Oaths, have been laid before the State Convention
by Judge Biggs - ,, 49,. g. IL ~. 5..a
ta= ..a. agHa.-r REPORT .s-..-aG
Of the Commute on the Ordnance respecting oath&
The Committee to which was referred the ord-
nance concerng Test Oaths, having instructed me
to report the accompanying ordinance, entitled 90 An
Ordinance to define and punish sedition, and to.
prevent the dangers which may arise from persons
dlsafeeted t, the State and to recommend that the
same be adopted as substitute for the ordinance
referred r. H@ NV. ..i '...t z
The Committee without division concur in the
necessity and propriety of the first and second Sec
tons OF the ordinance which proposes to define and
punish sedition. We now engaged in a fearful
struggle to achieve and maintain our independence
OF the government of the Uniteu States, which has
degenerated into the most perfect and cruel despo
tism that the civilized world can now present. It
is struggle in which there can he no neutrals it
demands the active exertions of all our people,
at home and in the field to drive back the invader
that seeks our subjugation and ruin. Patriot
ism and sefpreservation concur in requiring US to
adopt some means which will expose and punish
the fratrIcide who will, in this day Of trin evade
the penalties of treason but give aid and comfort to
the enemy in the most nsidous and diShonorable
manner. mo-.
In the opinion Of majority of the COMMITTEE, it
is also necessary and proper to adopt the other sec
VI ul1he IL uuly VI
male persons in the State to take oath Of alleg
ance, except the volunteers who by their acts,
have shown their devotion to the government and
their loyal determination to resist the enemy to
the last extremity. II it be objected that legislation
will add weight to the opinion expressed by our
enemy, that there is now large Union sentiment
in this State, the answer is at hand We have sent
into the field thirty-ive thousand volunteers, and
those at home, by thus action express their desire
through their representatives here, solemnly to en-
gage, before God, to defend, support and maintain
this government, now 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 committee, the tories in
heart who have not the courage by acts words
to take the responsibility Of opposition to the gov
ernment will be compelled to expose their hostility
and leave the State, suppress their traitorous pro-
pensities and lose all their power for mischief
Your Committee entertain the opinion that the
number will be comparatively very small who will
incur the penalties of sedition, who will for
fSing to take oath Of allegiance be sent out of
the State but it is of vast Importance that they
should be known carly, and marked in such a man.
ner that their influence for evil may be utterly lost
Experience proves thattwi not do to temporise 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 depOtiSm there
by which their will is suppressed and the freedom
of speech and of the press annhated, yet it is in
dlSpenSably necessary that we should attach to our
cause by all the means in power the hearts and
feelings Of all people, and rid ourselves of the
presence and influence of croakers and traitors.
We gratfcd to be able to follow the preced-
ents of early days in the leg lation now proposed
The fathers Of 1916 fought for liberty and ndepend
ence We fighting for the same. All the mate
ral Of fhn oil
taken from the Acts of the General Assembly passed
by the Legislature of this State in April and Novem-
Der, lTT7. Although great changes have taken
place since l777, yet there has been no change in
the living principle that the people have right to
govern themselves; and when we are in struggle
to maintain that principle, all the people of State
by their acts or solemn obligations should be COM
PEELED to sustain the government that gives them
protection, or seek home with the enemy, and not
pollute the pure air breathed by patriots.
In April, l777, the first act of the revolution in
relation to treason and oaths passed. The off
ence which we call Sedition in the accompanying
ordinance called mis2rision Of treason, and the
punishment was Imprisonment during the war; and
forfeiture Of half of the property of the off
ender and the acts in relation to the oath required
to be taken by all male persons above sixteen years
old, were much more stringent and the penalties
greater than the ommittee propose; but the pre-
ambe, to the eighth section of the act of November
conclude this hurried report by an extract there
from:
WHEREAS, Among other things it was enacted in
act entitled Act for declaring what crimes and
practices against the State shall be treason, &C.,
that each aud every Justice in each respective
ty may cite any person persons to take the afore
said oath affirmation and IN of non attend
REFUSAL the said court shall and may have
full power to compel such person persons to leave
the State, &c. And some scruples have arisen
with respect to the manner by law required for the
service of such citation and by many il has been
held that service upon the person of him to be
cited necessary before his attendance court
could be legally compelled; and as many suspected
persons by 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 impractcable, whereby they
evade the intentions of said act and cannot obliged
to take the oath prescribed nor be made subject TO
the penalties ordained for negecting refusing the
same: And whereas there Is great reason to believe
that there divers persons whose intentions are
inlmca to the State, who would in case of invasion
by our enemies or the expectation OF immediate
support of them carry such intentions into practice
but who artfuly in their open demeanOr and de-
pertinent betray no such design whereby from not
mourning particular suspicion, they have escaped
being cited; and 1t becomes the duty of every
member of society to give proper assurance of H.
deity to the government from which he enjoys pro-
tectiOn and 10y their refusal to do So the voice of
and Justice confirmed by the pratice of all
nations, proclaim Tat they should no longer enjoy
the privileges of freenien of the said State; and
the penalties ordained by the said act have been in
great measure evaded by the difficulty or impossi
biity 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
Respectfully submitted,
ASA B1GGS, Chairman
.ur AN ORDINANCE ..... ...