The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1865-10-25

y. SeH uc fe4ulTtu dc-
cordins 70 the maxim, erpressum facit ces-
sars facifaim. The oath being thus pre-
scribed by the constitution, can Congress
add to il or dispense with il or modify IL?
An eminent Judge in a judicial opinionde
clares that . sometimes affirmative words
necessarily imply a negative of what is not
affirmed as strongly as if expressed" The
constitution of North Carolina directs the
JndRes of the Supreme Court to be elected
by the Legislature. Upon the establish
ment of that court in 1918. the law pro-
vided that in every case where Judge ef
the conrt had been concerned, as counsel
in any cause previous to his election, the
Governsr should designate some Judge of
the Superior Courts to sit in his stead in
such cause. But after the lapse of one or
two terms in which the law was allowed
operation. the objection was taken and sus-
tanned, that the Affirmative prescription Of
mode of appointment in the constitution
negatived any other mode Of appointment.
Test oaihs are a cammrn resort N revo.
iutions. The constitution~of South Caro-
llaa in the days Of her Pukneys and Rat
lodges. had required that any person Case
en- or appointed u oHice be(are entering
on It's duties should take oath affirming that
he would. to the best Of his abilities dis
charge the duties thereof, and preserve,
protect and defend the constitution Of this
State and Of the United States"
Her notification Convention in 1888.
adopted the theory " that the allegiance cG
fha citizens or ,h;o Cfa.a ,L.f. ,t
tinue such. i due to tie said SAFE, and o.
bedience only and not allegiance issdue by
them to any other power or authority to
when control over them has been dele.
gated by the said Stale," and an ordinance
empowered tie legislature to provide for
the administration Of oaths to the citizens
and officers Of the State, binding them 10
the observance of such allegiance, and ab-
jurirg all other allegiance. And the lie.
gislature. TO carry out the theory, enacted,
!" that every officer Of militia hereafter e
lected, before he enters on the duties Of
his Office shall, in addition 10 the 0alhs Row
required by law, take aud subscribe the
following oath: l--- do swear that
| will be faithful, and true allegiance bear
II lNf 1idAC w A,Nuin 1diUtlUds NtIs Ms
Grady was elected Lieutenant Of militis,
and being refused commission unless he
would take this oath, brought his writ Of
maaiamus 10 compel IFS delivery, because
the requirement Of The oath was unconsti-
iutirnaI aud soid-beng incompatible with
the co0samtion Of the State above recitcd.
a. vet as with that of the United States.
And Jadgc Johnson and 0'Neal, Union
men, Harper, nullifier, ,lisseHting,) held
with tile applicant on both points. Tie
act of the Legislature was declared .vcid
upon the ground that it undertook 10 add
10 the oath Of fidelity to the government of
tie State prescribed by the constitution.
This the Legislature conld not do, be-
cause tie prescription in the organic law
OF 40 oath nf fidelity 10 government was
equivalent TO lorbiddlEg any other oath OF
that nature, or of adding TO or varying il:
though tie Legislature might and usually
did. IN addition 10 this, require an oath for
the fsithlul performance OF the duties DC Of.
tice. They alsn decided that the ordinance
OF the Convention Git being body OF linz
tied powers called only 10 act on the rev
enue Laws of the United States gave no
authority TO The Legislature to exact The
oath refused BY the applicant. SO that the
was directed 10 be issued 10
McCrady without taking the oath imposed
By the Law. Can human ingenuity discos-
er any difference between this case aud
that presented under the law Of Congfessf
Can Cong ess add to or detfact from the
oath to support the constitution Of the Uni-
ted States any more Than State Legisla-
ture in regard TO that prescribed by the
of tie State?
The Legislature Of Virginia by ac' once
required her public functicnaries, extend
ing to ad,ocaiesat the bar. 70 take an oaih
that they had not engaged aud would nor
engage 10 any duel. Her tnufts proceed