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

no stretch OF imagination to picture your JUS
tce, under this ordinance, with his prisoner
before him. refusing the oath, with II be
perjured, forsworn, il take it, and the e.
qually stern reply, "Youl be banisheJ. il
you don't take it"
/ Ihe history oil our mother country affords
US some instruction on the subject Of tests,
and the prosecutions that attended them, re-
gous and political. In tie Catholic as,
tendency, Protestants were the victims; in
the Protestant reigns. Catholics suffered in
turn; and its reproachi 10 that enlightened
and Christian nation. that down within our
own memories, no man could hold even Il
military Office until he took test oath a
galnst Catholicism. and received the sacra-
ments according to the rites of the Church
OF England. This last yestge of intolerance
anu bigOtry in that country was swept away
under the enlightened counsels of Earl GRAY,
the Duke OF Wellington and Sir Robert Peel,
not more than thirty years ago.
But in the worst anu most intoerant times.
neither in England nor in any civilized na-
ton OF which have recollection, was there
ever such an experiment made as is proposed
to be made here, OF prescribing a test, reI.
glous or political, and running a muck with
It against the whole people, 10 see il per
chance, some victim may not be found iar
Punishment or degradation.
In this country we have known bur liliie
Of test eaths, excep. as we have read Of them
under more arbitrary governments. The
Legislature OF Virginia, more than fifty years
ago, in laudable desire to suppress the
practice Of duelling, directed an oath to be-
taken by certain public iunctiOnaries, and
among Others the advocates in her courts Of
justice, that they would not engage in any
/ duel. Mr.. Benjamin Watkins Leigh. SINCE
known to the country as one of her most dis
tlnguIshed lawyers and statesmen, was then
at the bar. and the Court Of Appeals having
/ decided that the oath must be taken, Mr..
Leigh requested time to consider the cues
tion Of the power of the Legislature ID I'M
pose such an oath. And II a.subselneat day
he submitted an argument waich satisfied
the Court that the power did not exist, and
they unhesitatingly reversed the former de-
cison, which Chiel Justice Roane pronoDuc-
ed to be an of hand and erroneous one
an example Of candor and hrmness ~ mind
which | beg TO commend to all WHO nsg
have inclined in favor of this ordinaate. In
his argument, Mr.. Leigh so yiyidly depicts
the mischley0us nature of test 0aths a. me
barbed and poisoned weapons ot ,lespCfp
power, tina, will detain the Convention Nv
reading few sentences from Ill:
= II the ieofas Of the Constitution were
doubtful, il spirit could not be mistaken.
Ii the Legislature might add one new dis
qualification they might add many; mutt.
ply disabilities without end dis4lalay
whole districts or classes OF men by person
al or local description make an acauemJcal
dergee, Or even previous service ii e.c 81
its own bodies, necessary qualification
and thus convert the goyernmen. int al
Ioigarchy. III this tremendous power Exist.
ed at ali. il was poundless and urcontrnlla.
Die as the winds aud dissipated al once ail
our fond notions Of written constitution,
late the glory of american politics. ihtse
test laws, particularly, were tie iirs, Wea-
.pOns young oppression would learn 70 han
die weapons the more OdIOus, since. though
barbed and poisoned, neither strength nor
courage was requisite 70 WELD them. should
We rely Oil public virtue 10 keep us from lhr
use and extension of this system Of tests
In no are, nor cline. nor nation, had ever
virtue wholly swaved human busoms and g.
iions; man was universally iiahlf 10 ~
transported With passion, blinded with fOl,
corrupted with vice; and yet mors with
power, maddencd with faction, aa iltel
with the lust Of domination let Us aet lat
ter ourselves zee we're exempt from tha COM
mon lot; aud although the wise tSpasit.eu
OF the bill OF rights, By the act to establish
religious freedom, might for time secure
US from a religious test. political one was
certainly possible, perhaps probable, aud
not yefy remote event. Sir, ain pOs,e.srd
with strange delusiOn il The rest iagc -
question does not appoint political lts..
fear otber instances might be rcrJlnted.
such are the BEGlSNINGs. The Eap uf a!l
these things s DEATH"
Sir, this ordinance goes beyond the ap-
prehensions ol Mr.. Leigh, and does apply
religious test to j considerable portion Of
our population, as a condition Oi their be-
| ing allowed TO remain citizens. Ii would
/ be a yery great mistake to suppose, that the
oath which II prescribes. was an oath Ito
support the Constitution Of the Confederate
States" the only oath 10 that government
required by its Constitution /; or that il was
/ the common oath Of allegiance to the state
Of North Carolina, or both Of these togeth.
er. Let rs read it:
i 81, A. b., do solemnly swear Tor alirm,
a. thc case maS u. that ] will bear faithful