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226:, which was brought before the South Carolina Court of Appeals in 1834. The case involved a "test oath" passed by the South Carolina legislature in November 1832, requiring members of the state militia to pledge "faithful and true allegiance" to the State of South Carolina. The law was vague on the underlying and contentious issue of sovereignty, and did not specifically state whether allegiance to the state was superior to allegiance to the federal government. Given tensions of the times, dispute over interpretation of the oath immediately erupted. The "Nullifier" faction asserted that allegiance to the state had precedence over allegiance to the federal government, while "Unionists" asserted that the federal government had primacy over all states.
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of
Charleston. The June 2, 1834 decision from the three judges fell 2 to 1 for the Unionists. "Nullifiers" immediately called for the impeachment of the two jurists. "Nullifier" legislators responded to the decision by calling for a constitutional amendment to legalize the test oath and assert the
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Although most of these planters had supported nullification, not all Whigs were former nullifiers. Some nullification-era
Unionists found the Whig economic program appealing. These included merchants and professionals in Charleston, such as the lawyer James L.
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of the laws of South
Carolina; he completed the task in December 1862. His code was rejected by the unreconstructed legislature of 1865, but formed the basis for the codification of 1872. Petigru died in
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and his judicial work that played a key role in the recodification of the state's law code. He was also known for opposing
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Eventually, a legal case on the validity of the test oath reached the state Court of
Appeals in Columbia. Attorney
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in 1809. He was admitted to the South
Carolina bar in 1812. In 1816, he was elected as the solicitor of
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165:(May 10, 1789 – March 9, 1863) was an American lawyer, politician, and jurist in
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James Louis
Petigru Law Office, 8 St. Michael's Place, Charleston.
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James Louis
Petigru: Southern Conservative, Southern Dissenter.
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Portrait of James L. Petrigru, painted by Thomas Spear in 1858
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Members of the South
Carolina House of Representatives
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346:Tinkler, Robert (July 7, 2016).
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255:Whig Party
179:secession
99:1830–1830
95:In office
56:1822–1830
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365:Petigru.
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263:republic
185:Career
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