Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-01-08
,.Ihs .53asoare.r
,tqs SPEECH &C. j,
--9.aE- ~.a.-s.- OF Esssss-l'
HON. WI4,I.l.iM A. GRAHAM,
SPEECH

OF
4ION.. NIAIIiM A. GRAHAM,
49,. Or 0aANuE,
IN tho Conrentson Of NORTH Care .sna, Dce.. 7td,
: 1851, on tbs Ordnance eoaee' aiag Test t,sths
fs.ana Scetjtiea. ~ 49,.
Ala PREsIc&Sf: ',sr.
= ,Wkas ,he original ordnance pertaining to this
uiiec< came up for cusier ,.oH several days since,
TEX OCCASION 10 express nay decided aversion to
cert oaths, amtiqua!ed Instruments OF oppression
and despotis,n, unsuicd 10 enlightened age aid
wholly at with ID, our ideas of free republican
governments was then of opinion that an in,aeti-
mite postponen.ent was the proper dlspos'iioa to
make Of the eutire topic. AT the suggestion OF
others, it was referred to committee, Of which,
under your appointment had the honor 10 DC a
member. When that committee assesbied, and
the honorable Chairman, Mr. Bggs produced and
read frc,s an old act Of l777, Contained in Ire
dels Revisa the two first sections of the ordinance
reported by him, without much reflection | gave
that part of the ordinance my concurrence, and
consented That it might be reported to the Cor YEN
ton. But, in committee, rs in this House, every
where and under all circumstances, have been un-
alterably opposed to test oath, and especially to
that most Objectionable form Of such All oath con-
tanned in the report Of the committee and proposed
TO be enacted into Law of the State. And upon
Etue.more consideration, am satisfied that no en-
actment by this Convention is required in regard %
sedtion; therefore now submit the motion, that
in the outset decascd appropriate, that the f.rhcr
consideration Of the subject be indefinite post
poned esteem it proper IN this connection fur
Their to state that the eloquent, argulr entave re-
port Of the Chairman of the committee, SO full Of
fiery sesi aud patriotism, never heard Of by me-
until it was read by the Chairman at your desk If
it was ever read to the committee it was on some
occasion other than the two meetings was sum-
ncaed to attend, and l received no intimation that
, sach paper might be expected. This mention,
eot in the way OF complaint but to acquit myselfof
any neglect Of duty in failing to present counter
report against document, which, with all respect
must say, inculcates doctrines most intolerant and
tyrannicaL
r Mr.. President the original proposition was liable
to objections enough. l endeavorcd to point o 1t
these in the former discussion. 1t allowed suglc
magistrate upon complaint made to bring before
himself any citizen accused of disloyaty and then
to determine, in the first place, what constituted
disloyalty -second whether the person charged was
guilty-and thirdly, to impose on him sentence to
take an oath of allegiance to the State or be en-
PEELED from the country. Revolving to our coneep-
TORS # Justice and freedom as was this concentration
of power in the hands of a magistrate, it yet re-
tanned something of the manly spirit of the common
law, and ot the elementary principles of liberty en-
bodied in our bill of rights. There was to be
sponsble prosecutor-pcrsons arraisned and &C.
cused were to be allowed the customary privilege o.
Defence with the right of course, to contont their
accusers witnesses, and, above all, to be protected
against being compelled to give evidence against
themselves. But the substitute of the committee
proposes what? Why, sir, to institute proceeding
in the nature Of criminal prosecution against every
free citizen; yea, sir, against every male lnhabtant
of the State, from the beadlcSs youth OF sixteen
years, five years in advance of his admission to the
rights of citizen, to the aged patriarch of enc hun
dred and sixteen, totterlng on his statt with one
foot in the grave, by which they are each and all
to be attantcd OF treason, and banShvd from their
homes and country: or, if graciously permitted to
remain to be deprived Of their rights as trccmen,
an6 reduced to degraded caste-,lnlcss and until
they shall purge themselves of this foul crime 10y
taking the oath of allegiance military eay and alb
juration, compounded and prescribed in the ordi-
dnance before us. This is the obvious effect of the
provisions relating to a test oath, when analysed
and brought TO plain Interpretation. Your mag
istrateS to be sent out into all the land, from
the shores OF the ocean to the submits Of the Smoky
Mountains. and they are to beset every man and
boy above the prescribed age, with test oath in
the left hand, and sentence of Punishment or de-
gradation in the right In this dilemma there is to
be no means of escape, nor any more freedom OF ac
ton than when the highwayman with his pistol at
your breast offers the alternatives, your money
or your life" Observe, sir there is to be no in
quiry as to guilt, as upon accusation and arraign-
,nent, but the party is to be placed by law in state
of condemnation-his guilt is to be assumed. until
he shall cxonerate himself by taking the oath; and
upon his refusal so to do, his guilt being put be-
You'd question, the penalty annexed is-what?-
Not disqualification for holding otice-not for
fixture ola part or the whole of his goods and lands,
but forfeiture Of his birth-right as citizen OF
North Carolina.
Mr.. President, if this Convention like French
national Assembly, were to declare itself in perna
nent session. and arrogate all the powers Of govern
ment, it would give no greater shock to public sem
timent and make no more dangerous stride towards
despotsm, than would be effected by the passage of
this ordinance 1t is true, there have been conidcd
to US extensive powers, but they delegated pow
ers, and must be exercised not whimsically and
tyrannically, but in conformity with those elemental
~ principles Of freedom and justice on which are
founded our American system of Constitutional gov
eminent If these violated, it is usurpation on
our part-an abuse ofpower equal to usurpatIon and
for want OF other remedy, it may expect to provoke
that old and primary of resistance the part Of
the people. When elected to these seats in the
month Of May last, We were not understood to be
placed above, or out Of the reach Of the we'll known
responsibilities of the representative to the constit
aruent body. Our countrymen supposed that they
retained the right to Judge of and canvass our whole
proceedings as freely as they accustomed to do
as to those oother representatives and that dssat-
isfed with what we had DONE sufficient majority,
by some process or other, might set it aside, and
afford redress. They further supposed, that al
..gzsssgh NC had power to disfranchise men, and
ange the qualifications for theright Of suffrage yet
st no new test of citizenship would be applied to
t6e born upon the soil of parents who had achiev-
rid the independence of the country, ana established
are Iree institutions, whose essential features TO
zqN Sesires to change. What, then, will be their
not to say indignation, if this ordinance
pass and they are told that no man can ever
-seoesagan-nay, that no man will be allowed to re-
sia In the State, but every one will be exed who
anot take an oath that the Convention has Or
daiaed? Sir, every North-Carolinian reoices in the
idea, that. like St. Paul, he was free horn And al