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Domestic News June 19, 1834

Martinsburg Gazette

Martinsburg, Berkeley County, West Virginia

What is this article about?

South Carolina Supreme Court rules test oath unconstitutional on the 2nd instant, with Judges O'Neil and Johnson in majority and Judge Harper dissenting, sparking statewide excitement and political strife. A Columbia meeting adopts resolutions condemning the decision and urging the Governor to convene the Legislature to define and punish treason.

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Full Text

South Carolina.—The decision of the Supreme Court of the State upon the question of the test oath, which has caused much excitement for some months past, is of great importance. The oath had been adjudged constitutional by the District Court at Charleston, and an appeal taken to the Supreme Court at Columbia. The decision of the latter was given on the 2d inst. Judges O'Neil and Johnson delivered their opinions against the constitutionality of the oath. Judge Harper dissented from the opinions of his associates, but did not present his views at length. This decision has caused great excitement throughout the State, and, judging from the language of the press, party strife will be seriously aggravated by it. A meeting had been held at Columbia, at which, among others, the following resolution was adopted:

"Resolved, That the opinions of the majority of the Court in this case, contain doctrines anti-republican, conformable to the infamous Proclamation, dangerous to liberty, and subversive of the rights of the State."

The meeting also passed resolutions requesting the Governor to convene the Legislature for the purpose of passing laws defining and punishing treason against the State.

What sub-type of article is it?

Legal Or Court Politics

What keywords are associated?

Test Oath Supreme Court South Carolina Constitutionality Resolutions Party Strife

What entities or persons were involved?

Judges O'neil Johnson Harper

Where did it happen?

South Carolina

Domestic News Details

Primary Location

South Carolina

Event Date

2d Inst.

Key Persons

Judges O'neil Johnson Harper

Outcome

decision against constitutionality of the test oath; great excitement throughout the state; party strife aggravated; resolutions adopted condemning the decision and requesting governor to convene legislature

Event Details

Supreme Court at Columbia rules test oath unconstitutional after appeal from District Court at Charleston; Judges O'Neil and Johnson against, Judge Harper dissents briefly; meeting at Columbia adopts resolution calling opinions anti-republican and dangerous, and requests laws on treason

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