Page:Nullification Controversy in South Carolina.djvu/356

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The Test Oath
337

taining dangerous doctrines, to declare that the appeal court should be remodeled or abolished, and to suggest an extra session of the legislature for the purpose of passing a law defining treason against the state and providing new safeguards for the state. Others were more moderate and would leave it all to the October elections; to this end they began to revive the State Rights associations so that they might address the people on the heresies of the decision and rally them to the election.[1]

The Union papers in turn defended Judges O'Neall and Johnson and had much to say about the abuse of them and the agitation to remodel the court. The independence of the judiciary was strongly pleaded for.[2]

Governor Hayne made the deciding move on June 12. He issued a proclamation announcing the decision of the court of appeals as effective and his own decision to issue commissions on the basis of the old oath without requiring the new one.[3] He had decided on this course only after

  1. Mercury, June 9, 12, 1834; Messenger, June 18; Mountaineer, June 21.
  2. Patriot, June 10, 1834; Courier, June 11; Journal, June 14.
  3. Mercury, June 13, 1834.