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


I tooI occasion to express pIy decided aTeTsloh 10
test oaths, as Anticipated instruments u oppIeSSio
and desnutiSla uns9ited 10 an en.'Shteheu az a"u
wholly 1T war with all our ideas OF irer rePuote"
government I WIS then ct upinira that an iiiueii
mite poStnonemeut was the proper disposition 10
rn.La of the entire TOPIC At the suggestion oil
others II was referred to committee, oI WHICH,
,,,5or yo,r appoint-nent had the honor TO Oe
,,auhsr When that committee assembled ana
the honorable Chairman, Mr. BggS Produccu anu
read from an cid act of l71T, as conta!heu III nc
lcs ReyissI the two first sections OF the ordinance
reported by him. without much rehectl"n cav
that mart of the ordinance nay concurrence, anu
conserved that it might be reported 10 Tue Co'''e
ton But Ia committee, as IN thiS tiodSe' C'y
where asd under all circumstances, nave oeem u'-
alterably opposed to test oath, an" eSseca''y "
that mos. objectionable form OF such an oath con,
t,;ned in the report of the committee and proposed
:. DO ansctcd into a law Of the State And upon
little more consideration EN- satisfied that no en-
aen,ent by this Convention is required III regard 10
sedition; | therefore, submit the motion, thaC
i'm the outset deemed appropriate that tle Iurther
consideration of the subject be indefinitely post
poned ! esteem it proper IN this connection lur-
ther to state that the eloquent, argumentauve re.
mort of the Chairman of the cummittee, so tull oil
fiery zeal and patriotism never heard OF by me,
until it was read by the Chairman at your desk IL
il was ever read to the committee, II was on Souic
occasion other than the two meetings was sum
mOled to attend, anu IeCClNSu HO ~
such paper might be expected This mention,
not in the way Of complaint but to acquit myself OF
INV neglect of duty in failing to present counter
report against document which, with all respect
/ must saw inculcaeS doctrines most lntoieraht anu
tyrannical. - r,,-
Mr.. President the original proposition was liable
TO objections enough. | endeavOred to point OUT
these in the former discussion. 1t allowed single
magistrate upon complaint made, to bring heiore
himself any citizen accused of diSOyaty ana then
to determine, in the first place, what constituted
dsloyalty-second whether the person chal Sed Was
gulty-and thirdly, to impose on him sentence 10
take an oath of allegiance to the State or he cX-
PEELED from the country. Revolving to our concep-
lions Of Justice and freedom this concentration
of poyer in me haEds of a magistrate, 1t yet re-
tanned something of manly spirit OF the common
law and OF the elementary principles OF liberty EN-
bodied in our bill of rights. There was to be re-
spousibe prosccutor-perSonS arralgned and &C.
cused were be allowed the customary privilege d
defence with the right of course, to confront 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 natureof a criminal prosecution against every
free citizen; yea, sir, against every male nhaGtant
of the State from the beardless youth OF sixteen
years five years in advance of his admission to the
rights of citizen to the aged patriarch OF one hun
dred and sixteen, tottering on his staff, with one
foot in the grave by which they are each and all
to be attanted OF treason and banlShed from their
homes and country: or il graciously permitted TO
remain, to be deprived of their rights as freemen,
sn6 reduced to a degraded caSte-unleSS and until
they shall purge themselves OF this foul crime, by
taking the oath of allegiance, military fealty, and alb
jdration, compounded and prescribed in the ordi-
dinance before THIS is the Obvious effect OF the
provisions relating to test oath, when analysed
and brought to a plain Interpretation. Your mag
istrates are to be sent out into all the land, from
the shores OF the 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-
graduation 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, sin, there is TO be no in
qury as to guilt, as upon accusation and arraign-
ment but the party is to be placed by law in state
of condemnation-hiS guilt is to be assumed, until
he shall exonerate himself by taking the OATH and
upon his refusal so to do, his guilt being put be-
yond question, the penalty annexed is-what:-
Not disqualification for holding ofice-not a for
fixture ola part the whole of his goods and lands,
bat a forfeiture of his birth right a citizen OF
North Carolina.
Mr.. President if this Convention like French
national Assembly, were to declare itself in perma-
nent session, and arrogae all the powers Of govern
ment, it would give greater shock to public
timent, and make no more dangerous stride towards
deSpotism than would be effected by the passage Of
this ordinance 1t is true there have been cOnfded
to us extensive powers but they delegated pow
ers, and must be exercised not whimscaly and
tyranncaly, but in conformity with those elemental
~ princp pies of freedom and Justice, which are
founded our American system Of Constitutional gov
eminent If these are violated, it is usurpation on
our part-an abuse ofpower equal to usurpatlon and
for want of other remedy, it may expect to provoke
that old and primary one 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
uent body. Our countrymen supposed that they
retained the right TO judge of and canvass our whole
proceedings as freely they were accustomed to do
as to those ofoher representatives and that if dissat
lshed with what we had done, a sufficient majority
by some process or other, might set it aside, and
AFFORD redress. They further supposed, that al
though We had power TO dslranchise men, and
change the qualifications for the right of suffrage vet
that no new test of citizenship would be applied to
those born upon the soil of parents who had achiev-
60 the independence of the country, ana established
the free institutions, whose essential features no
one desires to change. What, then, will be their
surprise, not to say indignation if this ordinance
shall pass, and they told that no man can ever
vote aga:n-nay, that no man will be allowed to re-
main IN the State but every will be exiled who
Goes not take an oath that the Convention has
dalnede Sir, every North Carolinian reoices in the
idea, that like St Paul, he was free born. And al
though this freedom was purchased at a great
price, no Hess than the blood of his fathers shed
in every battle field of American independence
from the shores Of the Hudson to the everglades of
Florida, it came TO him an inheritance the more
valued because Of its association with his ancestral
pride and glory; his right to dwell in and breathe
the pure air of the land of his BIRTH his right to
participate IN the election of rulers and if it suit
his inclination and the will of majority to he him.
self invested with portion of the powers of the re
public, he will suffer neither to be taken away nor
trlhed with He did not acquire them by an oath
and he viii spurn any oath offered to him as con.
dltion OF their continued enjoyment 1t is one of
tnose plumbers characterized by Talleyrand as worse
than crime for statesmen by their measures n
eneroaeh upon and offend so sacred feeling as the
pride OF nativity-the selfrespect and manhood of
oh It'd. L. VI ="