Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1862-01-08

Justice, which are Of universal applications. For
they know full well that it is upon the persons OF
friendless odious that despotism, whether OF
single tyrant or OF \ mob, first lays its hands;
and that vigilance is more necessary to the preser
yation of liberty in times of pubic peril and revo
luton, than 10 peace. Now. Sir you hardly men
tion guarantee Of individual right contained in that
immortal declaration preixed to the constitution,
which is not outraged by the proposed proceeding
in relation to test oath. Let psrticuarZe
few Of the more prominent among them:
/. Contrary TO the very words of that declara-
ton, it "dissezes every freeman" and every boy too
above the age ofsixteen of his privileges CITIZEN
and converts him into an alien, and exiles him
til he shall re. establish his right to citizenship by
taking the oath Of allegiance, Defense and of abju
ration OF the government of the United States, al
ready recited; high handed outrage in subversion
of the law of the land, the only process by which
so dreadful a sentence could he ntiiced-and il is
we'll known that "by law of the land here, is
meant regular trial before Judge and jury accord
ing to the course and usage Of the common law.
2. 1t convictS a freeman Of crime, the high
crime of disloyalty to the government, by act Of
attainder passed by this Convention and subjects
him to the punishment of being banished unless he
shall acquit himself by an oa.hAthe declaration
guaranteeing that no such conviction shall be had
but 10y the unanimous verdict of jury of good and
lawful men in open court, as heretofore used"
8. Without any evidence of offcnse having
been committed and without any ofense being de
considers free citizen condemned and exles him
from his sacred home unless he will disclose the Sc
crets of his heart and they found to be patriotic
by Justice of the Peace.
4. In highly criminal proceeding it compels a
man to give evidence AGAINST himself. This hideous
feature is little dsgnised but it is unquestonably
there. If he will the oath he goes free, but
If he will not his refusal is plenary evidence of his
guilt, and he suffers the dread penalty This rcfu-
sal he is forced to give if his conscience will not al
low him to take the oath Wherein does this differ
from that old device of bigotry and cruelty of put
ting him on the wheel and cracking his bones until
he shall declare that he is guilty of heresy or
treason? In nothing that / caE perceive except
that in the he suffers in the flesh, and in
the other it is expulsion from wife and children and
friends, and country
Mr. President, when my friend. Charles s. More
head, OF Kentucky, as noble and gallant gentleman
as any that | have known, was seized on his
native soil and hurried off to prison in a far dis
tant State, upon alleged order from the Secretary
of State at Washington, ] thought, not that ten
thousand swords would have leaped from their
scabbards," but that the Mississippi valley would
have risen one man, and cried "to the rescue"
American constitutional freedom had been struck
down in the person OF one of the nObcst Of her sOns
and supposed that without regard to past differ
ences OF opinion as to whether the Union should be
maintained, all men would have been satisfied by
that act Of tyranny, that the free Constitution OF
our fathers was extinct; that Arbitrary power reign
ed in its stead and that safety only to be found
in the overthrow Of that power. But that proceed
ing violent and revolving it was may be favorably
distinguished from this. Morehead was not requir
ed to give evidence against himself The govern
ment which arrested him. professed to have had
sufficient proof of his guilt and did not call upon
him under penalty Of exile, forfeiture torture
furnish any evidence either positive negative
affect the Sir, think it appears that
the oath in question requires some emendation.
he ritl mont IN ha tn
support the Constitution of North Carolina as here
toiore existing since the whole proceeding violates
many of its fundamental principles as in fact to
abrogate it. He might with more propriety be call
ed on to take an oath of aburaton, declaring
that he had faith in the bill Of rights as means
OF securing freedom, and renouncing his adherence
to it at least in all cases where disoyaty was i'm
puted. That would be far more appropriate than
that other oath Of aburaton, "renouncing hereby
all allegiance to the United States" implying in
the cearest manner that until the oath is taken al
legiance is still due to the United States-a folly
that will excite laugh whcr ever it is not taken as
an insult The citizen will say, | protest that [
thought all this was settled in May last by the Con-
vention have not considered myself as owing any
allegiance to the United States since that time and
| have none that can thereby" renounce. With
nearly as much reason might he be required TO re.
nounce all allegiance to Victoria Regina, successor
Of the Georges second and third of whom our faith
ers were born subjects, and to ALLURE the heresy of
transubstantation, the invocation Of saints, and
Popery in general the Engshmen who took
office were required to do prior to Catholic emanci-
patton. And the power being established, it is
assumed by this ordinance it would be the easiest
thing in the world to superadd mild adjuration to
abide by the creed as established by the Convention,
Synod Conference Association as one or another
denomination might happen to predominant with
the ruling powers.
And here let me correct very important error
Of fact which appears in the committees report. 1t
Is there stated that volunteers who have entered
the military service have taken oath, and it is
argued that therefore all other citizens should
ter into the like solemn obligation. The conclusion
would not follow if the oath were the same Sol
oilers received INTO the service and pay of the State
or nation, like public servants in civil office, have
always been required to take an oath of allegiance,
but citizens in general never were. In fact howev-
er, volunteer has taken the absurd oath here
proposed to be thrust upon the citizen. They have
not been required to a5jure allegiance to the gov
eminent Of the United States" They are bound to
take oath of allegiance to the State. And under
act of Assembly in May last, the Governor pre-
scrbed an oath, by which they undertook "to obey
his orders, and the orders Of the officers set
them" But by ordinance of this Convention they
relieved from oath of this nature which no
man could be expected to keep without some in
fringement and which had been dsused in the army
of the United States, prior to the Mexican war; and
since; and they were simply made liable to the pen
altes of the articles Of war; for disobedience of
GERS, from the time of signing the agreement of en-
listment No volunteer of North Carolina, there
FORE can be lawfully required to take any OATH but
the oath of allegiance to the State, anterior to his
being mustered into the service of the Confederate
States. This, let remember is a government
with Legislative Executive and Judicial functiona-
rics in full operation, and prescribe and admin
lister such oaths as to it may meet to soldiers;
and if it wishes to try so hazardous an experiment,
to citizens also. Our interference, then to bind the
consciences of citizens to that government after
having granted it power OF life and death their
conduct is quite work Of supererogation if not of
servility. nits Constitution Art s. sec. A. it has
plainly enumerated the persons in the State and
Confederacy, whom it requires to take the oath to