Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
It has been also said, that Carolina tendered an oath, to discover who
were friends, and who were enemies. In March, 1778, the Legislature of
South Carolina passed an act to oblige every free male inhabitant of
that State, above sixteen years of age, to take an oath of allegiance to
the State. As there were notoriously many persons then in the State who
were inimical to its liberties, such a step was necessary to give a
reasonable cause for obliging them to quit the country. With that view,
the oath was generally tendered only to those who were suspected or
known not to be friendly to the cause. He had been informed by several
persons, who were zealous partisans, and then in Carolina, that they had
never taken any oath of allegiance, and that it had not been required
of them on this occasion.
The act directed, that those who did not take it, should quit the State;
and, if they returned, should be dealt with as traitors, and suffer
death. Let us examine whether this act can, in any respect, apply to the
present question. 1st. It particularly mentioned "inhabitants of the
State of South Carolina." It could not, therefore, apply to persons who
were abroad. 2dly. It directed that the oath should be taken before a
justice of peace in Carolina; this could not, therefore, extend to a
person then at Geneva. 3dly. It was directed to be taken in one month
after the passing of the act; and it was not possible that I should hear
of the existence of such an act in less than three months. 4thly. It was
directed, that if the persons refused to take it, they should quit the
State; but I was already out of it. 5thly. Those who refused to take it,
were prevented from acquiring or conveying property, and rendered
incapable of exercising any profession. But on my return to Carolina, I
took peaceable possession of my estate, part of which consisted of lands
and houses, which had been mine since the year 1770; and I was
immediately admitted to the exercise of the profession for which I was
educated. 6thly. The act directed, that if any person returned to
Carolina, after having refused to take the oath, he should be put to
death as a traitor; and, yet, on my return, never having taken the oath,
I was elected a member of the Legislature, and a Privy Councillor; and,
instead of being deemed a criminal myself, I acted as Attorney General
to punish others; and yet the petitioner, in one of his late
publications, lays great stress on the applicability of this act.
2dly. There could be no doubt that a minor might be a citizen, from the
very words of the constitution, which admitted a person to be a member
of the House of Representatives at twenty-five, and yet required a
citizenship of seven years. This was of itself a sufficient refutation
of every thing contained in the petition on this head. The constitution
acknowledged that a person might be a citizen at eighteen; if so, there
was no reason why a person might not be one at sixteen or fourteen.
Public-domain text, read in full here on John Shaqi.
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