Year: 1861

We do not remember to have seen the fact
adverted to that South Carolina in her recent
course has reLclled no less against her OWN
JUDICIAL Authorities than she has against
the United States Yet such is the case.
There stands upon record yet nnreversed- 80
the solemn decision of her own highest Court
('thc Court Of Appeals, = So termedl. which
affirms every substantive proposition which
the action Of her present Legislature and
Convention has contradicted. and which CON
tradicts every one which it has affirmed


To expect that a State passionately bent
upon an entire mutation Of her political sys-
tenn should refrain from amy step she night
Judge eligible to that end, merely because her
own Judiciary had at some time pronounced
such step unconstitutional may be to demand
too much but we have, at the least. a right to
expect that the apogists Of South Carolina,
who delight IN representing her conduct in
the matter Of secession as in every sense un-
revolutionary, constitutional and regular, shall
not quietly ignore those plain facts which
initiate against the representation.


The fifth article Of the Constitution Of
shall be chosen on appointed to any office Of
profit OF trust before entering on the eNecll-
ton oft, shall take the following oath -I do
swear Tor affirm that | am duly qualified
according to the Constitution Of this State.
to exercise the office to which | have been
appointed. and will to the best Of my abilities
discharge the duties thereof and PRESERVE.
PROTECT AND DEFEND the Constitution Of
This oath was taken by every member Of the
present Legislature Of Carolina taken III
obedience to that article iii the Constitution
of the United States which declares that every
member Of the Legislatures Of the several
States shall take an oath to sustain the Con
stitution Of the United States, no less than
IN obedience to the article Of the State Con
stltutlon just reclted; taken by each Us an es-
sential qualification to Office without which
the body of members elect never could con
stitute Legislature armed with the powers
of the State, or become more than yolun-
tary assemblage, possessing no powers and
functions whatsoever Was it IN pursuance
Of this oath-this oath Of fidelity to the Uni
red States, more stringently worded than that
which the Government demands Of the great
or part of her own special servants-that the
Carolina Legislature directed the citizens to
send delegates to Gonreation, through the
medium Of which they were not to deliberate
about secession, but, III the terms Of the call


10 secede from the Tnion?


1t is agreed among moralists that the true
sense of an oath is determined by the intent
Of the party imposing 1.-THE .auin.us H.
ponentis. = The party imposing the oath ia
ken by the Carolina Legislature in the first
instance, is the United States. The intent
OF the Government Of the United States can
not DC doubtful to any candid mind The
government Of the United States, like every
other Government which eyer existed among
men. seeks its own conservation. TO this
very end OF self.conservation it imposes this
oath on all Legislators State and National.
10 this same end Of self-conseryation, in or
der that the progress Of centuries may not
enfeeble or antiquate it, it provides for all
needful alteration or accommodation to new