Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1864-04-06
Extracts from Gov. Graham's Speech.

Extracts from the speech delivered in the North
Carolina State Convention, on the 7th December,
1851, on the Ordinance concerning Test Oaths and
Sedition, by Hon. WILLIAM a. GRAHAM.
"In this country we have known bnt little of
test oaths, except have read of them under
more arbitrary governments. The Legislature of
desire to suppress the practice of dueling, directed
an oath to be taken by certain public functonar les,
and among others the advocates in her courts of
justice, that they would not engage il any duel
Mr.. Benjamin Watkins Leigh, since known to the
country us one oe..ler most distinguished lawyers
and statesmen, was then at tae bar, and the court
of appeals having decided that the oath must be
taken, Mr.. Leigh requested time to consider the
question of the power of the Legislature to impose
such an oath. And at subsequent day he submit
ted an argument which satisfied the court that the
power did not exist, and they unhesltatingly re-
versed the former decision, which Chief Justice
Roane pronounced 10 be an of hand and errone-
GUS" one an example Of eandor and fairness Of
mind which beg to commend to all who may have
inclined in favor Of this ordinance. In his argu-
ment, Mr.. Leigh so wildly depicts the mschievous
nature of test oatbs as the barbcd and poisoned
weapons" Of despotc power, that will detain the
Convention by reading faH sentences from it,
/" If the acoyds of the Constitution" said be,
"werc doubtful, its spirit could not be aken-
If the Legislature might add one new Disqualified
ton, they might add many; multiply disabilities
without end; dsqualify whole districts or classes
of men by personal or local description make an
academical degree or even previous service in one
of its own bodies, necessary qualification and
thus convert the gorernmentinto an oligarchy. If
this tremendous power existed at all, 1t was bound
less and sncontrollable as the winds and dssipated
atonce allour fond notions of written constitution,
late the glory Of American politics. These test
laws particularly, were the first weapons young
oppression would learn to handle weapons the
more odlous, since, though barbed and poisoned,
either strength nor courage was requisite to WELD
them. Should we rely on public virtue to keep us
from the use and extension Of this system of tests
Ia no age, nor CLINE, nor nation, had ever virtue
wholly swayed human bosoms and actiens man was
universally liable to be transported with passion,
blinded with folly, corrupted with vice; and yet
more with power, maddened with faction, and fred
with the lust OF domination; let US not latter our
selves that ace were exempt from the common lot ::
and although the wise exposition ofthe bill of rights
by the act to establish religious freedom might for
tine secure US from religious, test, a pol;tical
one was certainly a possible, perhaps probable.
and not very remote event, Sir, am possessed
With strange deusion, if t&s cory lao in quest,on
'loes not appoint political test fear other in.
stances might be resoan'ed Such ars the BEGIN
SNGs. TIE END Of all these things is DEATH"
Sir, this ordinance gees beyond the apprehensions
Of Mr.. Leigh, and does apply a religious test to
'nsiaerable portion Of our population, as condi-
ton of their being allowed to remain citizens. It
would be very great mistake to suppose that the
cath which it prescribes, was oath ito support
the Constitution ofthe Confederate States the only
eth TO that government required by its Constitu-
tong or that it was the common bath Of allegiance
II the'State Of North Carolina, or both of these
1'gether. Lei us read it:
IL. A. B do soleinnly swear, Ter affirm, as the
use may bc) that will bear faithful and true al.
glance to the State oS North Carolina and will to
re utmost of my power, support, maintain and
i lend the Independent government of the Confed
ttate States Ct America, against the government
81 the United States or of any other power, that
~ open force OF otherwise, shall attempt to subvert
'e sa'ns. l DO hereby renounce my allegiance to
ne government of the United States, and will sup
tort and defend the Constitution Of the Confederate
na.es ci America, and the Constitution of this
G'a'e not inconsistent with the Constitution of the
'ontecelate States-so help me God'
nov, Sir, the requirement of this affirmation to
taken by the denomination called Quakers, is as
dectual az act of Punishment Of that sect as if it
lad been plainly. denounced in the ordinance And
le same may be said, presume, in relation TO
@>1s"olsts and Dunkers though have less knowl-