Wlliam Gilmore Simms
Selections from the Letters and Speeches of the Hon. James H. Hammond, of South Carolina >> Report at a Meeting of the State Rights and Free Trade Party of Barnwell District, South Carolina, Held at Barnwell Court-House, on Monday, July 7th, 1834 >> Page 6

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Journalism | The Reprint Company; John F. Trow & Co. | 1866, 1978
Transcription 6
in their judgment, unless it should be clear that they
have been influenced by unworthy motives, or have
made an unjust and dangerous decree. Entertaining
this view, had the majority of the Court of Appeals,
in the present instance, following the safe judicial
precedent of adjudging no point not necessarily
involved in determining the rights of the parties be-
fore the Court, confined themselves to the proper
construction of the Constitution of the State, this
Committee would, without hesitation, have recommend-
ed, as the wisest course, a silent submission to their
decision, until the Constitution could be amended by
the action of the people, so as to obviate every obsta-
cle to their wishes. But, as they have gone further,
and, after conclusively settling the rights of parties
by deciding the Oath, required by the recent Military
Bill, to be against the Constitution of the State, and,
therefore, void ; with great candor as men, but doubt-
ful discretion as Judges, have unnecessarily discussed,
and judicially decided, the great fundamental ques-
tion which lies at the bottom of our system of State
and Federal Governments, involving, essentially, all
their relations with one another, as well as the politi-
cal rights of every individual in America it becomes
the duty of the people, in the opinion of this Com-
mittee, to look fully into the matter, and inquire into
the reasons of such an important and extraordinary
step. Indeed, to permit a question so interesting, so
vital to their rights and liberties, which, in some form
or other, has agitated this confederacy from its origin
to the present day, which they themselves have long
discussed with the most intense anxiety, and decided
for this State by a majority of two thirds ; in support