The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
We present as a grievance of the greatest magnitude the many
late interferences of the legislature of the State in private
contracts between debtor and creditor. We should be wanting in
our duty to our country and regardless of the obligation of our
solemn oath and the high trust at this time devolving upon us
by operation of the laws of the land, did we omit this occasion
between the expiration of one legislature and the meeting of a
new representative body, to express our utter abhorrence of
such interferences.[Footnote: "American Museum," VII, Appendix
II, 10. _Cf. ibid._, 19.]
In a similar way unpopular treaties[Footnote: McMaster, "History
of the People of the United States," II, 229.] or acts of
Congress were formerly attacked. In 1819, the action of the
House of Representatives as to the introduction of slavery in
Missouri was the subject of a warm protest from a grand jury in
that territory, which closed thus:
They hope those restrictions will never more be attempted; and,
if they should, they hope by the assistance of the genius of
'76 and the interposition of Divine Providence to find means to
protect their rights.[Footnote: Niles' Register, XVII, 71.]
The protective tariffs of the United States were frequently
presented as grievances in the South during the years preceding
the nullification movement in South Carolina.[Footnote:
U. B. Phillips, "Georgia and State Rights," Report of the
American Historical Association for 1901, II, 117.]
In 1825, a grand jury in Pennsylvania presented as a grievance
the suspension of Commodore Porter from duty for six months under
sentence of a naval court martial, approved by the Secretary of
the Navy.[Footnote: Niles' Register, XXIX, 103.] In 1827, a
grand jury in Tennessee presented a "protest against the bold and
daring usurpations of power by the present Executive of the
United States" (John Quincy Adams), and stated that "being
decidedly opposed to the present administration, we have for
ourselves resolved to oppose all those we have just reason to
suspect to be friendly thereto, and recommend the same course to
all our fellow-citizens of Blount County."[Footnote: Niles'
Register, XXXII, 366.]
In 1777, the Chief Justice of South Carolina began his charge to
a grand jury with a long statement of the justice of the
Revolution, its military successes, and the duties of patriotism.
The court thereupon ordered "That the political part of the Chief
Justice's charge" be forthwith printed.[Footnote: Principles and
Acts of the Revolution, 347.]
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