Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1862-01-08

it can do harm except t0tTaitOrs. They cQqtenai
that even traitors shall not be sendemned exepf
accordance with those great principles Of right md
justice, which are iof universal applicsgon. stor
they know full well thati is upon this persenS OF
friendless or odous men fhat despotsnl whether Of
single tyrant or Of a mob first lays its hands;
and that vigilance is necessary to the preser-
yation of liberty in times of public peril and reSo-
luton, than in peace. Now. Sir, you can hardly men,,
ton guarantee of individual right contained in that
Immortal declaration prefixed to the constitution,
which is not outraged by the proposed proceeding
in relation to y test cath. Let ME particuarizc
few OF the more prominent among them:
l. Contrary to the very words Of that declara-
ton, it disseizes every freeman" and every boy too
above the age osixtecn, Of bis privileges citizen,
and converts him into an alien, and exiles him un-
til he shall establish bis right to citizenshpsby
taking the oath Of allegiance defense, and Of abju-
ration OF the government of the United States, nj,
ready recited; handed outrage in subvsrsion
of 1.-THE law Of the land" the only process by which
so dreadful a sentence could be nhicied-and it is.
well known that Thy law Of the land here, is
meant regular trial before Judge and jury, accord
ing to the course and usage of the common law.
q 1t convicts a freeman Of o crime the high
crime of disloyaty to the government by an act of
attainder passed by this Convention, and subjects
him to the punishment of beng banshed, unless he
shall acquit himself by an oa.h-the declaration
guaranteeing that no such conviction shall be had
"but by the unanimous verdict of jury of good and
lawful men in open court, as heretofore used"
8. Without any evidence of an offcnse having
been committed, and without any ofense being de-
scribed in a warrant and supported by evidence, it
considers free citizen condemned and exiles him
from his sacred home, unless he will disclose the
crets of bis heart and they found tobe patriotic,
by Justice Of the Peace .
4. In highly criminal proceeding, it compels
man to give evidence against himself. This hideous
feature is little disguised but it is unquestonably
there. If he will swear 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 bin 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 homes until
he shall declare that he is guilty of heresy or
treason? In nothing that ! CAR perceive, except
that in the one case he suffers in the esh 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 I have ever known, was seized on his
native soil and hurried off to prison in far dis
tant State, upon alleged order from the Secretary
of State at Washington, / thought, not that "ten
thousand swords would have eaped from their
scabbards." but that the Mississippi valley would
have risen as one man, and cried "to the rescue"
American constitutional freedom had been struck
down in the person of of the noblcst 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 was only to be found
in the overthrow Of that power. But that proceed
ing. violent and revolving as it was may be avorably
distinguished from this. Morehead was not reonr.
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 or torture, to
furnish any evidence either positive or negative to
affect the case. Sir, | think it now appears that
the oath in question requires some e,nendation.-
The citizen ought to he excused from swearing to
support the Constitution of North Carolina, as here.
tofore existing, since the whole proceeding violates
so many of its fundamental principles, as in fact to
abrogate it. lie might with propriety be call
ed on to take an oath of abjuraton. declaring
that he had no faith in the bill of rights, as means
OF securing Freedom and renouncing his adherence
to IT. at least in all cases where disoyaltv was i'm.
puted. That would be far more appropriate than
that other oath Of ahjuration renouncins hereby
all allegiance to the United States;" implying in
the clcarest manner that until the o,th 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 I
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
l 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 abure the hcrcsy of
transubstantation, the invocation Of saints, and
Popery in general, as the Engl,shmen who took
office were required to do prior to Catholic cnanci
patton. And the power being established, as 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 or Association, as one or another
denomination might happen to predominant with
the ruling powers.
And here let ME correct a very important error
OF TACT which appears in the committees report 1t
there stated that our volunteers who have entered
I'M military service have taken an oath, and it is
argued, that therefore all other citizens should en-
ter into the like solemn Obligation The conclusion
weuld not follow, if the oath were the same Sol
ors received INTO the service and pay of the State
ornation, 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, no volunteer has taken the absurd oath here
proposed to be thrust upon the citizen. They have
moi been required to a5ure allegiance "to the GOV.
ernnent Of the United States" They are bound to
:ake an oath of allegiance to the State And under
an pct of Assembly in May last the Governor pre-
scrped an oath, by which they undertook "to obey
his orders, and the orders Of the officers set over
them" But by ordinance of this Convention they
were relieved from an oath Of this nature, which no
man could be expected to keep without some in
f-irgement and which had bven dsused in the army
Of the United States prior to the Mexican war, and
since; and they We're simply made liable to the PEN
ates of the articles Of war; for disobedience Of or
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 Confedera ate
states This let US remember, is a government
with Legislative Executive, and Judicial functiona
rleS in full OperatOn and can nrescrihe and admin