The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-01-15
SPEECH OF THE
HON. WILLIAM A. GRAHAM,
OF ORANGE.


OF ORANGE,
In the Convention Of North Carolina, Dec 7th 1861
on the Ordinance concerning the Test Oath aud
Sedition.
Mr.. PREsIDENT:-W When the original ordi-
nance pertaining 70 this subject came up for
consideration several days since, took occa-
sion to express my decided aversion to test
Uaths. as antiquated instruments Of oppres-
sion and despotism, unsuted to an enlightcn-
ed age, and wholly at war with all our ideas
of free republican government. was then
Of opinion that an indefinite postponement
was the proper disposition to make Of the
entire topic. At the suggestion of others, it
was referred to a committee, of which, under
your appointment, had the honor to be a
member. When that committee assembled,
and the honorable Chairman, Mr.. Bggs,
produced and read from an old act of l777,
as contained in Iredel's Reyisal, the two
first sections of the ordinance reported by
him, without much reflection | gave that
part Of the ordinance my concurrence, and
consented that il might be reported to the
Convention. But. in committee, as in this
House, everywhere and under all circum-
stances, have been unalterably opposed TO
a test oath, and especially to that most OBJ
iectionabe form OF such an oath contained
in The report Of the committee, and proposed
TO be enacted into law OF the State. And
upon little more consideration, am satis-
fed that no enactment by this Convention is
required in regard to se1ition; | therefore,
now submit the motion, that in the outset |
deemed appropriate, that tae further consid-
GRAFTON of the subject be Indefinitely post
poned. esteem it proper in this connec-
tion further to state, that the eloquent, argu-
mentatiye report oil the Chairman OF the con.
mi,tee, SO full Of fiery zeal aud patriotism,
was never heard OF by me, until i was read
bv the Chairman az your desk. Ii It was
ever read 10 the committee, il was on some
occasion other than the two meetings was
summoned TO attend, and received no int
nation that such paper might be expected.
This mention, not ID the way Of complaint,
but 10 aequit myself Of any neglect ol duty
IN failing TO present counier-rrport against
a document, which, with all respect | must
say. incuicates doctrines most intolerant and
tyrannical.
Mr.. President. the original proposition
was liable 10 objections enough. endea
yored to point out these in the former discus
sion. Ii allowed single magistrate upon
complaint made, 10 bring before himself any
citizen accused Of disloyalty, and then to
determine, in the first place, what cunstItut-
ed disloyalty-seconi, whether the person
charged was guilty--and thirdly, 70 impose
on him a sentence 70 take al oath ot allegt.
ance to the State, or be expelled lrQm the
country. Revolving II our conceptions 81
Justice aud freedom is was this concentration
Of power in the hands Of magistrate, i YET
retained something 81 Tile manly spirit os the
common law, and Of the elementary princi.
ple of liberty embodied in our bill ul rights.
There was 10 be responsible prosecutor
persons arraigned aud accused we're 10 be al
lowed the customary privilege of defence,
with the right Of course, 70 confront their
accusers and witnesses, and, above all, ~ bs
protected against being compelled to give
evidence against themselves. But the SUI
stitute Of lie committee proposes what.
Why, 10 institute a proceeding IN the na-
turc OF criminal prosecution against ey-
cry free citizen; yea, sir, aganstevcry male
iuhabitant Of the State, from tha beaLilcss
youth Of sixteen years. Eve yeats 10 advance
uf his admission 70 the rights of 4 citizen. %
The aged patriarch Of one hundred and six.
teen, tottering on his staff, With one foot in
the grave, by which they arc each and all to
be attainted Of treason, and banishcd from
their homes aud country; or, 4 graciously
permitted 10 remain. 10 be deprived Of their
rights as freemen, and reduced to degraded
caste-unless and until they shall purge
themselves or this foul crime, by taking the
oath Of allegiance, military fealty. and ab.
liura,ion. compounded and prescribed in the
ordinance before Us. This is the obvious eI-
feet or the provisions relating TO . test oath,
when analyzed and brought to a plain inter-
pretation. Your magistrates are to be sent
ont into All the land, IRON the shores Of the
ocean TO the SUBMITS Of the Smoky Noun.
tans, and they are 70 beset every ma! and
boy above the prescribed age. with test
oath in the leli hand, and sentence Of ban
ishment or degradation in the right. In this
dilemma, there is TO be no means Of escape,
nor any more freedom Of action than when
thehighwayman with his pistol at your breast,
offers the alternatives, "your money or your
lifc.' Observe, sir, there is to be no inquiry
as to guilt, as upon accusation and arraign.
ment, but the party is 70 be placed by law "
4 STATE of ron,lgmsation-his guilt is 10 be