The Test Oath
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Union party who had turned out and performed their duty in obedience to the laws of the state. He asserted that their conduct was evidently to be attributed to patriotic motives and that he could never again regard them and himself as belonging to different parties. Preparations were made immediately, for a court-martial to try all who had refused to attend the encampment. At least four of these officers were found guilty of "wilful disobedience of orders" and "combination with other officers to defy and resist the laws of the state"; they were sentenced to be cashiered and disqualified from holding a commission in the militia of South Carolina for one year and to pay a fine, some $50 and others $60.[1]
- ↑ Messenger, August 21, November 20, 27, 1835. One of these officers, Major Henry Smith, of the Third Regiment, wrote a public explanation: "It is notoriously known that all the field and most of the company officers of the Third Regiment, who were elected on the 11th of April, 1834, were under positive instructions from the people to oppose certain provisions of what is commonly called the military bill; and I being of that class of officers, was of course bound by the plainest rules of republicanism to obey their instructions. The only question, therefore, for consideration, was whether I was or was not released from those obligations by the late compromise. In order to solve this question. Colonel McNeely, myself, and some other officers concluded to take the opinion of as many of the citizens as we could call together, which we did, and after some consultation it was decided that we were not released from the
