The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-01-15

that it is legitimate and proper to hunt
through the consciences Of all good men by
an oath Of discovery, in order to ferret out
the bad. By parity of reasoning, if trea-
sonable correspondence were suspected in
any county or neighborhood, every man
should be required to open his desk. and
submit his private cosEs:sBsndence and papers
to the inspection of asffgis,rate. This cer-
tainly would be no more harsh than to ask a
discovery of his conscience. Or to illustrate
it more slrikingy, it is in principle. the same
as in case a THEFT had been committed, in or
der to be sure Of visiting punishment on the
real offender, you should require every in
habltant of the yieinage to receive forty
stripes save one. Your people will say to
you, point out the guilty or suspected per-
sons, take the warrant of the law in your
hands, summon us of the posse comitatus if
3 cessary, and we are ready to render our
duty any where; bul our homes and con-
sciences are not to be made hunting grounds
for traitors and felons, and if we could sub
init to make them such, we should not feel
ourselves much elevated above either.
But, Sir, the jealous and sagacious spirit
OF liberty which peryades our people, will
discover in this process of test oath some
thing more than an usnrpaton or abuse OF
power on our part, and an instrument OF ty-
ranny, oppression and degradation upon the
citizen. They will perceive at glance,
that no more effectual cOntriyance could be
devised to enable faction in the possession
OF temporary power, to convert the govern
ment into an oligarchy, expel their opponents
from the State, and riot upon the substance
they had left. Such faction need only 10
enact a test oath. for patriotic objects OF
course, but to take Care to lnfuse inio it such
ingredients as they knew would be offensive
and inadmissable by lis opponents, and de-
clare that every man who refused it, should
be banished from the State, or lose his rights
as citizen with forfeiture Of all his possess
sions. Carry it out with the nigh hand Of
force, and il makes no difference whether a
majority or minority, whether one in fifty
will take the oath; the few who do will have
the Whole government in their hands, and
the spoils OF the exlles besides. Our theory
has been. that majority within the limita-
tions Of our written Constitutions, can mould
the government al will--can make reyolu-
tions AID unmake them; but this is an in
yeniion by which that theory is subyerted.
and those who have power NAV keep it till
the end of time. Whenever they are about
10 lose favor with the constituent body, they
have but to prescribe a new oath. and that
no man shall vote who refuses it. and they
will never fail IN an election. Since the
commencement OF the present revolution aud
the adoption Of the new Constitution "f the
Confederate States, there has been much
speculation as TO the facility with which II
may BE abrgltfd by any State, who may be
come dissatisfied with It's operation or adj.
ministratiOn. III there be that virtue in test
Oaths which this ordinance suppnses, it may
be perpetuated indefinitely. II there be a
majority favorable to ii III the Legislature,
as there will be OF course in The outset,
whenever they suspect opposition Or luke
warmness, they may enact an oath 10 suit
the case, aud banish those who refuse il be-
fore tie nclt election. speak a. II there
were no constitutional impedimenis to such
course. as this ordinance considers that
there are none. or proposes to override them,
il they exist.
Nj. President, the very mention Of test
oath carries US back to the bigot monarchs
aud the butcher priests III the DAYS VI tie
TulDrs and Stuaris, and beyond these, to the
lnlnistiun itself. Ii is device 0i power in
Church aud in State, 10 pcrpetuate itself by
ldree, against free discussion and inquiry,
and in drtilncc Of what IN more liberal times
we call public sentiment. Ii direct contra.
yenlion oil that most essential principle of
criminal justice, that nO man shall be com
pe!ied 70 give evidence against himself, it
requires u its victim the confession Of
creed, and his failure or refusal Il takes as
conclusive evidence Of his guilt, and intlicts
upon him tOrturous penalties Or lOrIeltures,
such as, il they will not cure him OF his her.
esy, may deter others in like cases offending.
Whether Tie creed be religious or political,
or the remedy be the thumbscrew, the iron
bout, the break wheel or the rack, or wheth-
CT il be Punishment, deprivation of privilege,
degradation, or forfeiture Ol estate, there is
no difference ID the odousness of the princi-
pie. Forsaking every yestige Of Christian
charity and loleration, ii assumes to control
by force that conscience, which the God who
gave il designed TO be free, and ayows its
purpose to drive men to perjury or self.ac.
cusation. have somewhere seen or read of
a picture Of 4 trembling prisoner OF tue In
QUESTION, who when called TO take the reli-
gious test Of that inexorable tribunal, replies:
al cannot; I'll be damned, if do To
which the stern lnquisitor replies: You'll
bs damned, if you dent" II will require