CHAPTER VIII.

DEMOCRATIC OPPOSITION TO INTERNAL IMPROVEMENTS AND PROTECTION

Jackson's Ideas Concerning Internal Improvements--The Maysville Road

Bill--The Slavery Question not Involved in the Vote on the Bill or in

the Veto--Railway Building Begun--The Commencement of the Struggle for

the Repeal of the Tariff of 1828--Jackson on the Tariff of 1828, in

his First Annual Message--George McDuffie as South Carolina's

Political Economist--Dr. Thomas Cooper--Mr. McDuffie's Tariff

Bill--The Tariff Bill of 1830--McDuffie's Amendment--McDuffie's

Doctrine that the Producers of Exports Pay Finally the Duties on the

Imports--The Acceptance of Mr. McDuffie's Doctrine at the

South--Growing Belief in the Incapacity of Slave Labor for

Manufacture--The Tariff Pronounced Unconstitutional--Growth of the

Protection Idea--Jackson on the Tariff and the Surplus Revenue Derived

therefrom, in the Message of December, 1830--Southern

Disappointment--"The South Carolina Exposition"--Calhoun's Doctrine of

"States' rights"--Nullification in Theory--The Nullification and

Anti-nullification Parties in South Carolina--First Attempt to try the

Validity of the Tariff in the United States Courts--Nullification and

Rebellion--Jackson's Message of December, 1831, on the Tariff

Issue--The Bill from the Committee on Ways and Means--The Tariff Bill

of 1832 from the Committee on Manufactures--Passage of the Tariff of

1832 by the House of Representatives--The "American System."

[Sidenote: Jackson's ideas concerning internal improvements.]

In his first annual message President Jackson referred to the general

dissatisfaction with the manner of {167} dealing with the question of

internal improvements which had prevailed to that time, and proposed

that the general Government should abandon the subject entirely and

should distribute the surplus of the revenue, above the wants of the

Government, among the Commonwealths, and leave to them the expenditure

of the money upon internal improvements.

[Sidenote: The Maysville Road Bill.]

The Congress, however, paid no regard to the President's

recommendation. In May, 1830, it sent up to the President for his

approval a bill authorizing and requiring the Government to take stock

in a Kentucky turnpike, running from Maysville on the Ohio River to

Lexington, some sixty miles inward.

[Sidenote: The veto of the Bill.]

The President vetoed the bill, May 27th. His special reason was that

the road was not a national, but a local, matter. He did not attack

the Monroe principle upon the general subject of internal

improvements, but he referred to the recommendation contained in his

annual message as still expressing his view of the manner in which the

Government should rid itself of the embarrassments into which it was

being farther and farther drawn by the practice of voting national

money for internal improvements. He argued that the subject must be

considered upon its own merits, and not brought into connection with

the tariff policy. He thus saw the prospect of the expenditure of

millions of national money upon internal improvements in order to

relieve the protectionists of the embarrassment of a great surplus,

and denounced it. He contended that the Government should adopt its

policy upon each of these subjects as if the other did not exist. He

urged, finally, that, if the people wanted the general Government to

undertake internal improvements, they should {168} so amend the

Constitution as to give the Government sufficient jurisdiction over

the roads and canals, which it might build, to protect them against

wanton injury, and to collect the tolls necessary to keep them in

repair. This he declared to be necessary to any satisfactory exercise

of powers upon the general subject by the Government.

The veto certainly exerted some influence upon the minds of the

Representatives. A majority still voted for the bill, but it was a

much reduced majority. The vote upon the vetoed bill stood ninety-six

to ninety. The bill was therefore lost.

[Sidenote: The slavery question not involved in the vote on the bill

or in the veto.]

The exact question at issue was not, as we have seen, the general

policy of internal improvements, but it was whether the Maysville road

was a national improvement. An analysis of the vote upon the subject

may not, therefore, have any significance, from the point of view of

the general question. Roughly, we may say that a majority of the

Representatives from the South voted against the bill, a large

majority of those from the Northwest voted for it, a majority of those

from Pennsylvania and New Jersey voted for it, while a majority of

those from New York voted against it, and, lastly, the Representatives

from New England were divided. It thus appears rather far fetched to

ascribe the attitude of the opponents of the bill, in any section, to

the influence of the slavery interest. Those who voted against the

bill said they did so because the object for which the appropriation

was sought was a local affair, managed by a private corporation, for

private gain. That uncompromising enemy of slavery, Mr. John W.

Taylor, of New York, was prominent among those who took this position

and voted against the bill. He even pronounced it unconstitutional,

and was inclined to the {169} view, as we have seen, that internal

improvements generally were left by the Constitution for the

Commonwealths to construct and control.

[Sidenote: Too much influence in determining the national policy

toward internal improvements usually ascribed to the veto.]

It is usual to attribute to the veto of this bill the overthrow of the

policy of internal improvements by the general Government. This

proposition will hardly bear close examination. Congress continued to

make appropriations for internal improvements, which the President

usually vetoed, if they were in separate bills, and usually approved,

if they were included in the general appropriation bills. It is

calculated that while Adams signed appropriations for internal

improvements to the amount of less than two millions and a half of

dollars, Jackson approved disbursements for these purposes to the

amount of more than ten millions of dollars.

[Sidenote: Railway building begun.]

The fact is that the building of railways was the chief force which

put an end to road- and canal-making by the general Government. The

construction of the Mohawk and Hudson Railroad, the parent of the New

York Central system, was begun in 1825. In 1827 the survey of the

Boston and Albany line was begun. The same year the Pennsylvania

system had its origin. One year later the Baltimore and Ohio system

was founded. The year of the veto of the Maysville road bill forty-one

miles of railroad were being operated in the United States, and at the

close of the decade more than two thousand miles. As the railway

system spread over the country, through private enterprise, the

appropriations of national money for internal improvements became more

and more confined to the specific improvements of rivers and harbors.

The roads and canals of a national character were being made

unnecessary by the extension of {170} the railways. It is undoubtedly,

then, far more plausible and natural to attribute the overthrow of the

policy of internal improvements by the general Government to the

growth of the railways, constructed and operated by private

corporations under Commonwealth charters, on the one side, and, on the

other, to the settled conviction that the general Government did not

have the constitutional powers adequate to the successful

establishment and protection of a system of works based upon that

policy, and to the unsatisfactory experience which the country had had

in attempting to distinguish local from national enterprises and to

confine appropriations to those of the latter character.

It is difficult to see any special connection of the interests of

slavery with the decline of the policy. It is true that the

slaveholders were becoming strict constructionists generally. They had

learned from the Missouri struggle that Congress must not be allowed

to magnify its powers when forming the Territories into Commonwealths,

and they had learned from the tariff struggles that Congress must not

be allowed to magnify its powers in regard to the regulation of

foreign commerce and the raising of revenue, but, as to internal

improvements, no reliable evidence of a consciousness, on the part of

the slaveholders, of any particular connection between their peculiar

interest and a policy upon this subject by the general Government is

discoverable.

On the contrary, in the struggle for the repeal of the Tariff of 1828

the influence of the slavery interest is easily remarked, and is

clearly seen to have been controlling.

[Sidenote: The commencement of the struggle for the repeal of the

Tariff of 1828.]

On February 10th, 1829, Mr. William Smith, the senior Senator from

South Carolina, presented to the Senate the protest of the legislature

of South {171} Carolina against Congressional protection to domestic

manufactures. This memorial pronounced all such acts to be

unconstitutional, except as incidental to raising the revenue or

regulating commerce, and impolitic even then, when their operation

would be unequal upon the different sections of the country, and felt

by any section to be oppressive. The language of the paper was

respectful, moderate, dignified, and forcible, and it contained no

threats of disunion, or of violent or unlawful resistance. The

legislature asked that the protest should be entered on the journal of

the Senate. The Senate, however, only ordered it to be printed.

The South Carolinians promised themselves, nevertheless, some measure

of relief from what they supposed would be the policy of the newly

elected President. Being a Southern man, it was naturally supposed

that he would recognize Southern interests in the policy upon this

subject which he would recommend. But, while Jackson had not committed

himself to protection for the sake of the manufacturers or of the

producers of raw material, he was a strong Union man and an American,

and the argument for the tariff from the point of view of national

industrial independence exercised a prevailing influence in

determining his attitude toward the subject.

[Sidenote: Jackson on the Tariff of 1828, in his first annual

message.]

[Sidenote: Jackson's views on the Tariff as a general policy.]

In his message of December 8th, 1829, he wrote that the Tariff of 1828

had not proved itself so beneficial to the manufacturers or so

injurious to commerce and agriculture as had been anticipated; that he

regretted that all nations would not abolish restrictions, and refer

the management of trade to individual enterprise; that since, however,

they would not do so, a tariff was the necessary policy of the United

States; but that in the {172} face of the fact that the national debt

would soon be paid, and the sinking fund would not be much longer

required, a modification of the existing tariff in the direction of a

reduction of duties would soon be the true and necessary policy; and

that the principle to be followed in making such a modification ought

to be to reduce the duties upon such articles as might come into

competition with home products no further than would leave to the

latter a fair chance in such competition; and that from the general

principle of a reduction to this point must be excepted the duties on

the implements and prime necessities of war, all of which should enjoy

a higher protection than that accorded to other articles. Evidently,

according to this doctrine, the chief reductions should fall upon

articles not coming into competition with home products, such articles

as tea, coffee, etc., at that time termed the unprotected articles.

Jackson had thus anticipated Clay's American system of the tariff by

nearly three years, as we shall see.

The South Carolinians were greatly disappointed by this expression of

the President's views, although they claimed that the message

recommended substantial tariff reduction. This part of the message was

referred to the committee on Manufactures, according to the rule of

procedure which had prevailed in the House of Representatives for

nearly a decade, and which showed that the matter of the tariff was

not regarded as something purely incidental to the raising of revenue.

[Sidenote: George McDuffie as South Carolina's political economist.]

[Sidenote: Dr. Thomas Cooper.]

The claim was now put forward, however, that the subject properly

belonged to the domain of the committee on Ways and Means. Mr. George

McDuffie, of South Carolina, was at this moment the chairman of this

committee. He was a man of keen intelligence, strong {173} courage,

and great persistence. He was the political economist of the

slave-labor system, as Calhoun was its political scientist and

constitutional lawyer. It is to be surmised, at least, that he learned

much of his political economy from the notorious, if not famous, Dr.

Thomas Cooper, the British President of South Carolina College. It is

true that Mr. McDuffie's college days had passed before Dr. Cooper

taught in the institution, but the Doctor wrote and published much

upon economic and political subjects between 1820 and 1830. In fact,

he set the direction of thought upon such subjects in South Carolina

and throughout a large portion of the South during that period. As has

been already mentioned, he was an Englishman by birth. He had spent a

part of his earlier life in France, and had imbibed the doctrines of

French republicanism. For this reason he was disliked and shunned by

conservative men in England to such a degree as to make longer

residence in his native country uncomfortable to him. He came to the

United States in the last decade of the eighteenth century. His

radical views and his violent expressions of them soon drew attention

to him here. He was one of the men prosecuted under the Alien and

Sedition laws of 1798. He made his way to South Carolina about the

beginning of the third decade of this century, and found there a well

prepared soil for his Girondist views of federal Government and his

free-trade views in political economy. A true estimate of

responsibilities for the events of 1832 in South Carolina would

probably hold him more culpable than Calhoun himself. It was from such

a thinker, and he was a keen and vigorous thinker, that Mr. McDuffie

received impulse, if not actual instruction, in his reasoning.

Mr. McDuffie argued that the power to impose a tariff {174} was not

expressly vested by the Constitution in the Government; that,

therefore, if it existed at all, as a power of the Government, it must

be incidental to some express provision; and that it could be

incidental only to the power for raising the revenue. He, therefore,

contended further that all tariff bills must originate in the House of

Representatives, and in the regular revenue committee of that House,

the committee of Ways and Means.

[Sidenote: Mr. McDuffie's Tariff Bill.]

Congress had disregarded the protest of the South Carolina Legislature

of the previous February. It was well known that the committee on

Manufactures in the House was favorable to the maintenance of the

existing duties. It seemed, therefore, to Mr. McDuffie, and those who

thought with him, both natural and necessary that the committee of

Ways and Means should claim their constitutional prerogative, and make

an effort to get the ear of Congress to their representations.

Consequently, on February 5th, 1830, Mr. McDuffie reported a tariff

bill from his committee, without having had the subject specifically

referred to them by the House. The bill provided for a moderate

reduction of the tariff all around, but still left a duty of

thirty-three and one-third per centum _ad valorem_ upon woollen

fabrics.

The interest attaching to this proposition lies in the fact that it

contains substantially the terms upon which the South Carolinians were

willing to compromise the tariff question. It shows them to have been

still moderate tariff men, rather than out and out free-traders. To

the unprejudiced mind of the present day it certainly appears to have

been an offer which merited some consideration, but, after a single

reading, it was ordered to lie on the table, from which it was never

taken up.

{175} [Sidenote: The Tariff Bill of 1830.]

Meanwhile the committee on Manufactures were very deliberately

maturing a measure. It was reported to the House early in April, and

taken up for consideration on the 15th. It was nothing more than an

administrative measure for the purpose of securing a stricter

execution of the existing tariff.

[Sidenote: McDuffie's Amendment.]

Mr. McDuffie made another effort to move the House to consider a

reduction of duties, in the form of an amendment to this bill. He

offered such an amendment, which provided for a return to the duties

imposed before 1824 upon woollens, cottons, iron, hemp, etc.

[Sidenote: McDuffie's doctrine that the producers of exports pay

finally the duties on the imports.]

It was in support of this amendment that he made his famous argument

of April 29th, 1830, in which he developed, for the first time, the

doctrine in regard to the final payment of the duties which furnished

the economic basis of nullification. That doctrine was that the

producers of the exports, which are exchanged in the foreign markets

for the imports, pay, finally, the duty upon the imports. His course

of reasoning in the establishment of this doctrine was as follows: He

reduced all trade ultimately to barter between producers, and then

declared it to be self-evident that when a producer of exports should

be obliged to pay a duty of twenty-five per centum upon the imports,

which he had received in pay for his exports, before he could bring

them into the country of his residence, he had received finally

twenty-five per centum less for his exports than he would have

received had he not been compelled to pay any duty upon his imports.

Mr. McDuffie then drew from the statistics of the foreign trade of the

United States the fact that the sections cultivating cotton and rice,

constituting less than {176} one-fifth of the Union, both in territory

and population, produced thirty of the fifty-eight millions' worth of

annual exports; and finally drew the conclusion from these premises

that one-fifth of the people, the population of the planting sections,

paid more than one-half of the duties on the imports of the country.

[Sidenote: The danger in Mr. McDuffie's conclusions.]

If this were true it was indeed a grievous burden. And if the people

of the South, or that part of the South devoted to the production of

these staples, believed it to be true, then would the reason for one

great scruple against resistance to the execution of the tariff laws

be removed, namely, the general belief theretofore prevailing, from

the doctrine that the consumers of the imports ultimately pay the

duties, that the burden of the duties fell nearly equally upon the

different sections. So long as this belief was general the sense of

oppression in any particular part or section of the country could not

become very keen. Substitute for this old idea, however, the new

doctrine advanced by Mr. McDuffie, and, under the existing

distribution of the articles of export, there could not fail to be

developed a most bitter sense of wrong and oppression on the part of

the producers of the Southern staples.

[Sidenote: The acceptance of Mr. McDuffie's doctrine at the South.]

The Southerners, especially the South Carolinians, did embrace the new

doctrine, apparently, at least, with all sincerity. It was utterly

futile that Mr. Gorham and Mr. Everett pointed out to them the fact

that they consumed only a comparatively small portion of the imports

received in exchange for their exports, and sold the rest to the

people of the other sections with the duties added on, thus shifting

the duties upon the other sections. They clung to the new doctrine as

if it were something for which they had long been seeking, and to

which their {177} hearts were already too much attached to be drawn

away by argument.

[Sidenote: Growing belief in the incapacity of slave labor for

manufacture.]

It was in this speech, furthermore, that Mr. McDuffie abandoned his

former view of the capacity of slave labor for manufacturing industry,

and embraced and enounced the doctrine held before this by Colonel

Hayne upon that subject, which was that slave labor could only be

employed successfully in agriculture. This was, of course, another

necessary element in the consolidation of the interests of the South

against the tariff.

[Sidenote: The Tariff pronounced unconstitutional.]

It was in this speech, also, that Mr. McDuffie, for the first time,

pronounced the tariff unconstitutional. He did not yet declare any and

every tariff unconstitutional, but only such a tariff as sacrificed

one interest to another, or the interests of one section to those of

another. This he claimed the existing tariff did do. The belief in the

unconstitutionality of the tariff was, of course, another necessary

element in the preparation for resistance to its execution.

[Sidenote: McDuffie's threat of resistance to the execution of the

Tariff laws.]

Finally, Mr. McDuffie uttered, in this speech, the threat of

resistance to the execution of the tariff laws, the threat of

nullification. It was ill timed, as threats generally are, and it had

the effect of producing the large majority by which Mr. McDuffie's

amendment was voted down.

The bill suffered some modification in the course of its passage, but

its principle remained the same. It reduced the duty on no article

whatever, but only provided for a stricter enforcement of the existing

laws.

[Sidenote: Growth of the protection idea.]

By another bill, which received the President's approval on May 20th

(1830), eight days before this administrative bill was signed, the

duties on tea, coffee, and cocoa had been reduced. This meant that the

protectionists were very {178} willing to free those articles from

duty which did not come into competition with home productions, in

order to preserve and increase the duties on those that did. This was

the direction in which the tariff system was growing. It became, two

years later, the pronounced principle of the "American system," as we

shall see.

[Sidenote: Jackson on the Tariff and the surplus revenue derived

therefrom, in the message of December, 1830.]

In the message of December 7th, 1830, President Jackson defended the

constitutionality of the protective system, said that the existing

tariff needed some corrections in details, and expressed the opinion

that no law reducing duties could be made which would be satisfactory

to the American people that would not leave a considerable surplus in

the Treasury. He suggested the employment of such surplus upon

internal improvements under the direction of the legislatures of the

several Commonwealths.

[Sidenote: Southern disappointment.]

This was a stunning blow to the hopes of the Southerners. The

extinction of the debt and the existence of an unemployed surplus were

the conditions to which they had looked forward as necessitating in

all conservative minds the reduction of the duties. But here was a

plan, suggested by a Southern President, for relieving the Treasury of

any amount of surplus for an indefinite period, without the reduction

of a single penny of duty upon a single article. Thus encouraged the

protectionists in both Houses of Congress refused, during the session

of 1830-31, to consider any propositions looking toward a reduction of

duties.

It is hardly a cause of wonder that the South Carolinians began to

despair of obtaining through Congress any relief from what they

regarded as dire oppression, and that some of them were reviewing the

Constitution, and the political principles upon which it was founded,

with {179} the purpose of finding other means with which to meet the

great emergency. It was in this part of the work that Mr. Calhoun took

the lead.

[Sidenote: "The South Carolina Exposition."]

[Sidenote: Calhoun's doctrine of "States' rights."]

As far back as 1828, just after the enactment of the tariff measure

which was giving so much offence, Mr. Calhoun had started out in this

direction in the paper which he furnished the South Carolina

legislature, which served as the basis of the first pronunciamento

from that body upon the subject, the so-called South Carolina

Exposition. This document by Mr. Calhoun was comparatively temperate

in its language and not very clear in its political doctrines and its

constitutional interpretation. The great debate between Hayne and

Webster on the floor of the Senate, over which body Mr. Calhoun, as

Vice-President, presided, in regard to the fundamental principles of

the Union, taught Mr. Calhoun several very important points in the

evolution of his doctrine of "States' rights." Especially was he

warned against the great error, made by Mr. Hayne, of representing the

United States Government as one of the parties to the "constitutional

pact" and the "States" as the other. Mr. Webster so completely

demolished this theory that Mr. Calhoun was preserved from introducing

this fallacy or any of its corollaries into his reasoning, if he had

ever been inclined to do so. In his "Address on the Relations of the

States and Federal Government," and in his "Address to the People of

South Carolina," both published in the summer of 1831, he shows that

he had maturely reflected upon all that had been said and written upon

the fundamental question of the relation of the "States" to the Union

and to the general Government. He had given up his hope both in the

Congress and in the President. With him the question of the tariff had

now, {180} therefore, been removed from the domain of governmental

policy into that of constitutional powers and political principle.

This was the point of view which he took in the documents just

mentioned.

He began, as innovators generally do, with the assertion that his

interpretation of the Constitution was no new invention of his own,

but was the ancient principle of the Constitution. That principle was,

he contended, that the Constitution was made by the "States," as

sovereign bodies, and that through it the "States" created only a

governmental agent for their general affairs. The term or phrase

United States was only the name of the general governmental agent of

the "States." Sovereignty was in the "States" only. Consequently, when

the United States assumed powers not conferred by the "States" in the

Constitution, the "States," by virtue of the sovereign attribute,

might and should interpose, interpose individually, not collectively

as they, of course, might do constitutionally through the regular form

of procedure for amending the Constitution.

[Sidenote: Nullification in theory.]

Calhoun, like every other real statesman of his day, held that there

is a domain of liberty secured not only to the minority, but to the

individual, by the Constitution, upon which the majority shall not

encroach. The practical question was how to prevent the majority, in

possession of the powers and machinery of the Government, from doing

so. The answer to this question developed by precedent, and formulated

clearly by Webster at that very moment, was that it could be done only

by invoking the aid of the judicial power of the United States. But

Calhoun said in reply to this, that the United States courts were a

part of the Government, substantially under the control of Congress

and the President, through the power of Congress to constitute

judgeships at pleasure, and of the President and the {181} Senate to

fill them, and that they were interested, therefore, in the

usurpations of power by the Government. He further held that these

courts could not decide political questions, although these questions

might incidentally involve the most sacred rights of individuals, and

that, anyhow, they were as much subject to the "States," acting in

their sovereign capacities, as any other part of the Government. He

could see no way for preserving the rights of the minority and of

individuals, in last resort, against governmental usurpation, save

through the power of "_each of the parties_ to the compact" to prevent

the execution within the territory subject to its jurisdiction of such

governmental measures as it might deem usurpations.

[Sidenote: The nullification and anti-nullification parties in South

Carolina.]

Down to the time of these utterances of Calhoun the party in South

Carolina opposed to any resistance, by force, to the execution of the

tariff laws, had been able to prevent the outbreak of nullification.

The leaders of this party were among the most distinguished and

influential men of the Commonwealth. They were Mr. Drayton, the member

of Congress from the Charleston district, Judge Johnson of the United

States Supreme Court, Mr. Petigru, Mr. Grimke, the Lowndes, and others

of scarcely less note. In the first half of the year 1831 they still

held control of the municipal government of Charleston, and of the

legislature of the Commonwealth, although the "States' rights" men had

obtained the governorship. Nearly all of the opponents of

nullification denounced the tariff laws as unjust and oppressive to

the South, but they also denounced the doctrine that the execution of

any law of the United States could be constitutionally resisted,

except by means of the judicial processes provided for the case by the

Constitution itself. Resistance in any other {182} manner, they

declared, would be rebellion at the outset, revolution if successful.

They said that they were not willing to assume any such

responsibilities in opposing the tariff laws, and that they regarded

the blessings of the Union as too great and manifold to hazard

disunion, even if it could be successfully and peaceably accomplished.

Their views were so candid and reasonable that, in spite of the

intense excitement which prevailed during the legislative session

following the failure of the attempt to modify the tariff, they

prevented the nullifiers from securing a sufficient majority in the

legislature to order the call of a convention. The nullifiers had

committed themselves to the doctrine that the nullifying power was a

power of sovereignty, not of government, and that it resided,

therefore, in the convention, not in the legislature. So long, then,

as the assembly of the convention could be prevented, nullification

could be certainly thwarted.

[Sidenote: Capture of the municipal government of Charleston by the

nullifiers.]

But the publication of Calhoun's new doctrine in the summer of 1831

gave great strength to the nullifiers, and in the municipal election

of the latter part of the year they captured the mayorship of

Charleston.

[Sidenote: First attempt to try the validity of the Tariff in the

United States courts.]

One of the strongest moral forces in the hands of the opponents of

nullification against which the nullifiers had to contend was the

generally received doctrine that the constitutional means for meeting

Congressional usurpation in any given case was a process in the United

States courts. Unless they could say that they had tried this means in

vain, they would still have to suffer the imputation of too hasty

action, if nothing more. In order to escape this, two Charleston

lawyers imported a package of dutiable goods, gave bonds for the

payment of the duty, {183} refused payment, and were sued upon their

bonds in the United States District Court. The plan was to have the

question of the constitutionality of the tariff submitted to the jury,

but the court refused to allow the jury to decide any question except

that which pertained to the due execution of the bond.

[Sidenote: Nullification and rebellion.]

The nullifiers could now declare that every means suggested by their

opponents as regular and lawful had been tried and had failed, and

that there now remained only submission to oppression, or

nullification, or rebellion. They said that no true South Carolinian

could accept the first, and that, therefore, the choice lay between

nullification and rebellion. Calhoun taught that there was a vast

difference between the two; that the former was a constitutional, as

well as a sovereign, method of resistance. He asserted that it was the

great conservative principle of the Constitution, and defined it to be

that reserved right whereby a "State," in convention assembled, might

suspend the operation of a Congressional act upon its citizens which

it considered unconstitutional, until conventions in three-fourths of

the "States" should pronounce the Congressional act to be

constitutional. He did not claim that this right was reserved

specifically, but by implication from the general language of the

Tenth Amendment. He was doubtless sincere, or at least thought he was.

Many of his followers certainly were, and the masses, who could not

understand the doctrine, but took it on faith, were so certain of its

truth that they were ready to risk anything for its vindication.

The Unionists, however, branded the doctrine as a deception. An

editorial in one of their principal newspapers contained this

sentence: "But this everlasting cant of devotion to the Union,

accompanied by a recommendation to do those acts that must necessarily

destroy {184} it, is beyond patient endurance from a people not

absolutely confined in their own mad-houses." It was clear to them, at

the outset, that nullification was piecemeal secession and rebellion.

[Sidenote: Jackson's message of December, 1831, on the Tariff issue.]

This was the state of things in South Carolina when Congress assembled

on the first Monday of December, 1831. On the 6th the President's

annual message was laid before the two Houses. It contained a much

more distinct and decided recommendation for the reduction of duties

than he had ever before expressed. He called attention to the prospect

of the early extinguishment of the public debt, when the annual

instalment to the sinking fund would be no longer needed, and

recommended that Congress should at once deal with the question of the

reduction of the duties to a point where they would produce no more

revenue than would be necessary for an economical administration of

the Government. He farther recommended the readjustment of the duties

with a view to equal justice to all national interests, and said that

the interests of both merchant and manufacturer required that the

change should be prospective.

There was no suggestion in the message of increasing the expenditures

of the Government for internal improvements, or for any other purpose.

The plain inference from the message was that by March 4th, 1833, the

debt would all be paid, and the revenue could then be reduced by ten

or twelve millions a year, and should be.

[Sidenote: The question of the proper committee to frame Tariff

Bills.]

This was all that the South Carolinians had asked, and it would have

been the height of folly for them to have pursued extraordinary means

to relieve themselves when regular methods promised at last a prospect

of success. This part of the message was referred to the committee on

Manufactures, of which ex-President John Quincy Adams was then

chairman. Mr. Adams {185} had far more moderate views in regard to the

tariff than the majority of his protectionist brethren, and it could

be reasonably hoped that he would report a bill from his committee

which would be conciliatory in character. The Southerners were not

quite willing, however, to rest entirely on his own good will, and

raised the contention that the subject of the tariff ought to be

referred either to the committee on Ways and Means, or to the

committee on Commerce, since the power to impose duties was incident

either to the raising of revenue or to the regulation of commerce. The

result of the contention was that a resolution was introduced, and

taken up, requesting the committee on Commerce to make a report on the

working of the tariff, and the committee on Ways and Means was allowed

to report a tariff bill, which was read twice and referred to the

committee of the Whole House.

[Sidenote: The bill from the Committee on Ways and Means.]

The bill from the committee on Ways and Means provided for the

reduction of the duty to twelve and one-half per centum _ad valorem_

on all articles; on some, immediately and totally, but on the more

important articles gradually, and in a period of a little more than

three years.

This was undoubtedly an ill digested measure. It was not only a

radical reduction of duties, but it was an indiscriminate reduction.

Mr. McDuffie's own committee were not unanimous in recommending it.

[Sidenote: The Tariff Bill of 1832 from the Committee on

Manufactures.]

On May 23rd Mr. Adams reported the bill from the committee on

Manufactures. Mr. Adams based his bill on the report of the Secretary

of the Treasury, of December 7th, 1831, and proposed the repeal of the

existing system of minimal valuations and the duty on coarse wool

altogether, and a slight reduction of the duties on fine wool and

woollen fabrics.

{186} It was calculated that Mr. Adams' bill would reduce the receipts

from the customs by about five or six millions of dollars, leaving

thus still an annual surplus of some five or six millions after the

extinguishment of the debt.

Mr. McDuffie's bill was taken up first in the committee of the Whole

House. Mr. McDuffie defended it with his argument, already stated,

that the producers of the exports pay finally the duties on the

imports for which the exports are exchanged in the foreign markets,

and cited recent utterances of Professor Senior, the noted political

economist of Oxford University, in support of his position. He could

not, however, convince the House, and his bill was finally disposed of

in less than a week. Mr. Adams' bill was then taken up. It was

understood as proposing a slight reduction all around. It was intended

to do so. But Mr. McDuffie made an argument against it, in which he

undertook to prove, and declared that he did prove, that it

discriminated still further against the South, and imposed a heavier

burden upon that section than it was even then bearing, grievous as

that was. He declared, finally, that he would not submit to it.

[Sidenote: Passage of the Tariff of 1832 by the House of

Representatives.]

The House, however, was neither convinced by his argument nor

intimidated by his threat. It passed the bill on June 28th, by a large

majority, a majority of more than two to one.

Meanwhile the Senate had been occupying itself with an exhaustive

discussion of the principle of the tariff. On January 9th, 1832, Mr.

Clay introduced the famous resolution for making the tariff upon

articles coming into competition with home manufactures a system of

permanent high duties, and for abolishing, or greatly reducing, the

duties upon all other articles.

{187} Senator Hayne immediately grasped the import of this

proposition. He declared that it marked a new era in the tariff

system. He demonstrated that down to that time the protection of

manufactures had been regarded by all persons and parties as a

temporary policy and had been justified as such, while this

proposition looked to its establishment as a permanent principle of

the policy of the country, which neither revenue surplus nor

manufacturing experience should affect.

[Sidenote: The "American System."]

Mr. Clay, who had himself spoken of protection before this as only a

temporary policy, acknowledged the truth of Colonel Hayne's criticism,

and proceeded, in his famous three days' speech, to develop the

arguments for the permanent protective system, the "American System,"

as he termed it, which made up the text-book for the later supporters

of that system. His idea was simply to collect the duties from those

foreign products which come into competition in the home markets with

domestic products, and prevent the accumulation of a Treasury surplus

by fixing the duties so high in rate as to make them largely

prohibitory. As we have seen, this idea had been already foreshadowed

in one of President Jackson's earlier messages. It now received its

complete formulation and its economic justification.

But it was a sad prospect for the South. The South had looked forward

to the extinguishment of the debt as necessarily bringing in its train

the decrease of duties to the gross amount of at least ten millions of

dollars per annum, and now it was called upon to consider the plan for

a decrease of revenue by an increase of duties. It is hardly

astonishing that the disappointment should have been bitter, and that

passionate men should have thought of resistance to what appeared to

them so grievously unjust.

{188} The Senate referred Mr. Clay's resolution, together with an

amendment to it, proposed by Colonel Hayne, for a general reduction of

duties, to its committee on Manufactures. The committee reported a

bill based on Mr. Clay's principle. The Constitution does not,

however, allow the Senate to originate a bill for raising revenue, and

the majority of the Senators voted to lay the bill on the table, and

await the movements in the House.

[Sidenote: The bill in the Senate.]

On June 29th the House bill appeared in the Senate, and was referred

by that body to its committee on Manufactures. On July 2nd Mr.

Dickerson reported from this committee the House bill, with a series

of amendments to it, proposed by the committee. These amendments were

all in the direction of Mr. Clay's idea, and were adopted by the

Senate. The bill as thus amended passed the Senate on July 9th, the

Senators from every Northern Commonwealth voting for it, and those

from every Southern Commonwealth, except Kentucky, Missouri, and

Louisiana, voting against it. Missouri was hardly to be then classed

as a Southern Commonwealth. Louisiana was won by an increase of the

duty on sugar. And only one of the Senators from Kentucky voted

against the measure.

[Sidenote: The bill as finally passed.]

The House of Representatives refused to concur in some of the

amendments, and the measure was sent to a Conference committee. This

committee patched up a compromise, and the bill became a law on July

14th.

On the whole, it was doubtful if the bill, with the changes imposed

upon it by the Senate, would prove to be any relief to the South. Many

of the Southerners claimed that it would increase the burden upon that

section, while none of them appeared to think it would lighten it.

{189} What now were the planters to do? They had waited for the

extinguishment of the debt, and for the period when the Treasury would

no longer require the sixteen millions of dollars per annum applied to

its cancellation, hoping for a general reduction of duties by

something like this sum as the necessary result; but instead of this

they were now offered, as a final solution of the tariff question, a

slight reduction of duties on articles coming into competition with

home products, a practical abolition of the duties on those which did

not come into competition with home products, and an increase in the

expenses of the Government to the amount of the receipts whatever they

might be. This was to be the permanent policy of the country, the

"American System."

They were indeed wofully disappointed, not to say deceived. There

seemed now no further hope of aid to them, from either Congress, the

President, or the courts. They must yield unconditionally and

hopelessly, or resist the execution of the law. The former course was

too much to expect from the proud barons of South Carolina. The only

question was whether some legal basis for the resistance could be

found, or whether it must take on the form of rebellion. We have

already considered Calhoun's doctrine of nullification, and his claim

that it was a constitutional remedy; it now remains for us to trace

briefly the history of the attempt to apply it. Before, however, we

can do this intelligently, we must consider the other political

developments of the year 1832, occasioned chiefly by the presidential

election of that year, but affecting directly or indirectly the

attitude of the Administration toward events in South Carolina, and

the attitude of Congress toward the President in dealing with

nullification.

{190}

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