The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-01-22

things had passed away, and all things had
become new" There was no general pov-
ernment on which to rely for general defence
and welfare. The States were united onlv
by certain articles of association. And n
North Carolina State government lust
formed, with no laws or officers to admins
ter them, except what they enacted and ap-
pointed 10 the pressure Of the emergency,
was their sole reliance in general and do.
mestic concerns. They had to provide for
treason, sedition. and every crime in the cal
endar, and it in statute concerning trea-
son that the committee has found the model
of this ordinance. Now, Sir, if so much
weight is due to precedent, why not re en-
act the whole statute, that part which relates
to treason as well as misprision of treason
and test oathss That is the only part of the
statute that we have heard Of being put into
execution. The Tory Colonel. Bryan, was
tried for treason, and convicted. presume,
under this statute. But he had a trial by
due course of law. He was not called on to
furnish evidence against himself by test
oath, and he was defended by Dayie, who
had slaughtered large part Of his regiment
in battle, but who, after The example Of John
Adams, in defending the British soldiers
who fired on the multitude in the streets of
Boston, was equally firm in asserting all his
rights Of defence, as a criminal. But who
ever heard Of a trial for misprision of treason
or sedtion, or the general enforcement of
test oath upon any but suspected persons7
The Revolution Of the Goth Of Nav last. was
under wholly different circumstances. What
our fathers did in weakness we have done in
strength. In the State government. with
the same Constitution, the same laws, the
same officers in all its departments and ram
ilications, there has been no change that would
cause ripple on the surface Of the waters.
The ship Of State has sailed on in her great
career of justice, without reefng sail or
changing spar. In our national affairs the
difference is still more remarkable. Instead
Of no general government, and independ-
ence on the discordant legislation OF thirteen
States, we find a Constitution of national
government copied almost literally from the
Constitution of the United States, in full and
vigorous operation, with President, Con-
gress and Judiciary, defending our cause
with an army, in effectiveness, il not in num-
ed on the Rhine or the Danube, or the sunny
plains Of Italy-wIth treason defined in the
Constitution for the security of the citizen
as we'll as safety to the government-with
the possible power to pass sedition and test
laws for its defence, like as the State gov
ernments, but like those governments abb
staining from the use Of them, as the cast-of
paraphernalia Of despotism. TO think Of
bringing State test oath into play as means
of defence in such posture of our affairs.
upon precedent OF an unconstitutional act
Of Assembly in l777, is, to my mind. as il
one should propose, in the midst Of riaed
cannon and all the ARRANGEMENTS and i'm
provements in modern warfare, TO return to
the bow and poisoned arrow of the savage.
because the Aborigenes had used them in the
earliest vars of this continent. Let them
both be consigned where they belong. to the
curious investigations Of the antiquarian; but
let Us have no more Of them in the enlight-
ened legislation Of free people.
MIR. President. there is one diversity in
the two revelations, which, when brought 10
notice, must convince all that there is the
leas! analogy imaginable in the two cases;
and that i in the persons called 10 oil Office
upon the change of government. Our ances-
tors would as soon have thought ni electing
Lord North to the Office OF Gosernor as oi
recalling Governor Martin Or Governor Try
on, and Of bringing over Lord Mansfield with
his high tory principles to their ehlei Jus
ticeship, as to have re-appointed one o. tne
late Kings Judges. Whereas our state ON,
GERS, as we have seen, have been unchanged
in single particular; and in appointments
to Offices under the Confederacy, i has been
no objection that the appOntee held slm'-
lar appointment with regular commission
and oath Of office. and received its emolu-
nents from the Federal Treasury to the last
nav day, before The Proclamation Of the 18th
Of April. Now, Sir. in the Revolution OF
l-76' this would not have been permitted.
The first persons on whom the act Of l777,
70 which the committee refers in terms OF
such hirh appreciation, laid its hands and re-
ouired 10 be sworn, were all the late officers Of
M kiag of.Great Britain. They were put
before the atraders who had been making
voyages to England within ten years then
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