CHAPTER IV.

Troubles in South Carolina growing out of the tariff acts apprehended,

and General Scott sent South--Action of the nullifiers--Instructions

in case of an outbreak--Action of the South Carolina Legislature.

On the conclusion of the treaties with the Indian tribes, mentioned in

the preceding chapter, General Scott went to New York, where he

arrived in October, 1832. A few days after his arrival he received an

order to proceed to Washington.

The passage of the tariff act of 1828 had produced great excitement in

several of the Southern States, but especially in South Carolina. By

this act the duties on foreign goods imported into this country were

raised much higher than by any previous tariff. It was passed for the

protection of American manufactures, of which at that time none were

in the South, but all, or nearly all, in the New England States.

The cotton planters of South Carolina opposed and resisted it on the

ground that it was not only in violation of the Constitution of the

United States, but injurious to their interests, and in the interest

of other States as opposed to theirs. They argued, as it is now

argued, that a tariff is a tax, and that this tariff discriminated in

favor of certain portions of the country as against other portions,

and that therefore it unquestionably violated the fundamental law of

the land.

This tariff act was passed on May 15, 1828, and on the 12th of June

following the citizens of Colleton District, South Carolina, met at

the courthouse in Walterborough and adopted an address to the people.

Among other things this address stated: "For it is not enough that

imposts laid for protection of domestic manufactures are oppressive,

and transfer in their operation millions of our property to Northern

capitalists. If we have given our bond, let them take our blood. Those

who resist these imposts must deem them unconstitutional, and the

principle is abandoned by the payment of one cent--as much as ten

millions." The address assumed "open resistance to the laws of the

Union."

Governor Taylor was asked to convene the Legislature. He declined to

take action on the request of the Colleton meeting, on the ground that

"the time of great public excitement is not a time propitious for cool

deliberation or wise determination."

George McDuffie, a member of the House of Representatives in Congress

from South Carolina, and a man of high character and great ability,

was the leading spirit in the opposition to this tariff and resistance

to its enforcement. At a dinner in Columbia, S.C., he recommended that

the State fix a tax on Northern manufactured goods, and proposed as a

toast "Millions for defense, but not a cent for tribute." In the

district of St. Helena, S.C., a public meeting was held at which this

resolution was adopted:

"_Resolved_, That, differing from those of our fellow-citizens who

look to home production, or more consumption of the fabrics of the

tariff States as a relief from our present burdens, we perceive in

these expedients rather an ill-judged wasting of the public energy and

diversion of the public mind than an adequate remedy for the true

evil, the usurping of Congress, which (since that body will never

construe down its own powers) can be checked, in our opinion, only by

the action of States opposed to such usurpation."

The reference to "expedients, rather an ill-judged wasting of the

public energy," was to the action of certain meetings in South

Carolina where it was resolved to wear only their own manufactures,

and abstain wholly from those made north of the Potomac. The

supporters of nullification defended themselves on constitutional

grounds and on the Kentucky and Virginia resolutions of 1798. Congress

revised the tariff in May, 1832, modifying some of the duties imposed

by the act of 1828. In October, 1832, the Legislature of South

Carolina passed an act providing for the calling of a convention of

the people of the State.

The object of the convention was "to take into consideration the

several acts of the Congress of the United States imposing duties on

foreign imports, for the protection of domestic manufactures or for

other unauthorized objects; to determine on the character thereof, and

to devise the means of redress."

The convention authorized under this act assembled on November 19,

1832. An ordinance was passed to provide for arresting the operations

of certain acts of Congress of the United States, purporting to be

taxes laying duties and imposts on the importation of foreign

commodities. On its final passage the word "arresting" was stricken

out and the word "nullifying" substituted in its place.

The substance of this ordinance was to interdict the action of the

courts, and to require all officers to take an oath to obey the

ordinance and the laws passed to give it effect. It also declared that

the tariff acts of 1828 and 1832 were null, void, and not binding on

the State, its officers or citizens. It further declared it to be

unlawful for any of the constituted authorities of the State or of the

United States to enforce the payment of the duties imposed by the act

within the limits of the State of South Carolina. Other provisions

were that no case of law or equity decided in South Carolina, in which

was involved the question of the validity of the ordinance of the

South Carolina convention, or any act of its Legislature to give it

effect, should be appealed to the Supreme Court of the United States,

or be regarded if appealed; and that, if the General Government should

employ force to carry these acts into effect, or endeavor to coerce

the State by closing its ports, South Carolina would consider the

Union dissolved, and would proceed to organize a separate government.

A union convention was called in South Carolina to endeavor to

suppress the movement inaugurated by the ordinance of the recent

convention.

The States of Alabama, Tennessee, and Georgia--the first through its

Governor, Gayle, and the latter by resolutions of their

Legislatures--took strong anti-nullification grounds. On December 10th

President Andrew Jackson issued his famous proclamation exhorting all

persons to obey the laws, and denouncing the South Carolina ordinance.

He said in this proclamation: "I consider, then, the power to annul a

law of the United States, assumed by one State, incompatible with the

existence of the Union, contradicted expressly by the letter of the

Constitution, unauthorized by its spirit, inconsistent with every

principle on which it was founded, and destructive of the great object

for which it was formed."

"This, then, is the position in which we stand. A small majority of

the citizens of one State in the Union have elected delegates to a

State convention. That convention has ordained that all the revenue

laws of the United States must be repealed, or that they are no longer

a member of the Union. The Governor of that State has recommended to

the Legislature the raising of an army to carry the secession into

effect, and that he may be empowered to give clearance to vessels in

the name of the State. No act of violent opposition to the laws has

yet been committed, but such a state of things is hourly apprehended;

and it is the intent of this instrument to proclaim not only that the

duty imposed on me by the Constitution--'to take care that the laws be

faithfully executed'--shall be performed to the extent of the powers

already vested in me by law, or of such other as the wisdom of

Congress shall devise and intrust to me for that purpose, but to warn

the citizens of South Carolina, who have been deluded into an

opposition to the laws, of the danger they will incur by obedience to

the illegal and disorganizing ordinance of the convention; to exhort

those who have refused to support it to persevere in their

determination to uphold the Constitution and laws of their country,

and to point out to all the perilous situation into which the good

people of that State have been led; and that the course they are

urged to pursue is one of ruin and disgrace to the very State whose

rights they affect to support."

This proclamation, of which the foregoing are extracts, was signed on

December 10, 1832. The ordinance adopted by the convention of South

Carolina was passed November 24th; and the Legislature of South

Carolina, which had formulated laws necessary to carry out the

ordinance, adjourned on December 21st.

President Jackson, in anticipation of the troubles likely to arise,

had, as early as October 29th, directed General Macomb to issue an

order to Major Heileman, commanding the United States troops at

Charleston, stating that "it is deemed necessary that the officers in

the harbor of Charleston should be advised of the possibility of

attempts being made to surprise, seize, and occupy the forts committed

to them. You are therefore especially charged to use your utmost

vigilance in counteracting such attempts. You will call personally on

the commanders of Castle Pinckney and Fort Moultrie, and instruct them

to be vigilant to prevent surprise in the night or day on the part of

any set of people whatever who may approach the forts with a view to

seize and occupy them. You will warn the said officers that such an

event is apprehended, and that they will be held responsible for the

defense, to the last extremity, of the forts and garrisons under their

respective commands, against any assault, and also against intrigue

and surprise.

"The attempt to surprise the forts and garrisons, it is expected, will

be made by the militia, and it must be guarded against by constant

vigilance, and repulsed at every hazard. These instructions you will

be careful not to show to any persons other than the commanding

officers of Castle Pinckney and Fort Moultrie."

Two companies of artillery were ordered to Fort Moultrie on November

7th, and on the 12th General Macomb directed Major Julius Frederick

Heileman that a building called "The Citadel," in Charleston, and

which was the property of the State of South Carolina, should, with

its State arms, be delivered up if demanded by the State authorities.

He was further instructed to act in this matter with the greatest

courtesy; but should he be attacked, he must make a stubborn defense.

This was the state of affairs in South Carolina at the time stated. On

November 18th, President Jackson, after a conference with General

Scott, ordered him on a confidential or secret order to Charleston.

The order was, of course, issued from the War Department by direction

of the President, and the main points of it are as follows:

" ... The possibility of such a measure furnishes sufficient reason

for guarding against it, and the President is therefore anxious that

the situation and means of defense of these fortifications should be

inspected by an officer of experience, who could also estimate and

provide for any dangers to which they may be exposed. He has full

confidence in your judgment and discretion, and it is his wish that

you repair immediately to Charleston and examine everything

connected with the fortifications. You are at liberty to take such

measures either by strengthening these defenses or by re-enforcing

these garrisons with troops drawn from any other posts, as you may

think prudence and a just precaution require.

"Your duty will be one of great importance and of great delicacy.

You will consult fully and freely with the collector of the port of

Charleston, and you will take no step, except what relates to the

immediate defense and security of the posts, without their order and

concurrence. The execution of the laws will be enforced through the

civil authority and by the method pointed out by the acts of

Congress. Should, unfortunately, a crisis arise when the ordinary

power in the hands of the civil officers shall not be sufficient for

this purpose, the President shall determine the course to be taken

and the measures adopted. Till, therefore, you are otherwise

instructed, you will act in obedience to the legal requisitions of

the proper civil officers of the United States.

"I will thank you to communicate to me freely and confidentially

upon every topic upon which you may deem it important for the

Government to receive information.

"Very respectfully, your obedient servant,

"LEWIS CASS."

General Scott, acting in obedience to these orders, arrived in

Charleston November 28th, two days after the passage of the ordinance.

He found, on his arrival and after conferring with many of the leading

people, that the sentiment in regard to the action of the convention

was divided, there seeming to be as many persons in opposition as

those who favored it.

His arrival created no special notice, as he had been in the habit of

visiting Charleston about this time of year in discharge of his

duties as inspector. It should be added to what has been said in

regard to his conference with President Jackson before leaving

Washington, that the President announced to him in the most emphatic

terms that "the Union must and shall be preserved." On asking General

Scott for any suggestions he had to make, the general told the

President that Fort Moultrie, Castle Pinckney, and the arsenal at

Augusta should be strongly garrisoned. He also advised that a number

of troops, sloops of war, and revenue cutters would be needed at

Charleston to enforce the collection of duties on foreign

importations. The President said to him: "Proceed at once and execute

those views. You have my _carte blanche_ in respect to troops; the

vessels shall be there, and written instructions will follow you."

The President at this interview invited General Scott to remain and

take supper with him. He declined, on the ground that he desired to

call on his friend ex-President Adams before leaving. To this

President Jackson replied, "That's right; never forget a friend."

On his journey he met with an accident and sprained his ankle. This

turned out a fortunate thing, for it enabled him to delay so as to

spend needed time in Charleston, Savannah, and Augusta without

exciting any suspicion of the real object of his visit. Had it been

known that he was there to make preparations for defense and to

strengthen the garrisons, it would have excited the populace who

sustained the action of the convention, and might have resulted in

open hostilities. He visited Fort Moultrie and Castle Pinckney, and

gave oral confidential orders to enlarge and strengthen both places.

Orders were also sent for re-enforcements in single companies, which

excited no alarm. These important matters being accomplished, he went

to Savannah and posed as a sick man, for the reason that an early

return to Fort Moultrie might have excited alarm. In the latter part

of January he returned by sea to Fort Moultrie, but his presence there

was unknown to all outside of the fort.

In the meantime the leaders of nullification had, at a large meeting,

agreed that no attempt to execute the ordinance should be undertaken

before the adjournment of Congress on March 3d following. The

Legislature of South Carolina, at its meeting in December, had passed

laws for the raising of troops and providing money for the purchase of

arms and ammunition, and many organizations of volunteers had been

formed wearing the palmetto cockade and buttons. A very decided and

unexpected rebuff was given by the Court of Appeals of South Carolina,

which decided, in the case of State _vs._ Hunt (2 Hills, S.C.

Reports), that the ordinance which required the citizens of South

Carolina to take a test oath of exclusive allegiance to the State was

unconstitutional. It is a curious piece of history that the palmetto

buttons worn by the volunteer nullifiers were manufactured in

Connecticut.

There was in Charleston, as in other parts of the State, a very large

number of Unionists. Both parties in Charleston held frequent

meetings, and it was with great difficulty that riots or encounters

between the two were prevented.

The officers of the army and navy at and near Charleston during these

perilous times showed great prudence. Their first public display was

the celebration of Washington's birthday; but the most intense

nullifier could raise no objection to this. During these exciting

times a fire broke out in the city of Charleston, and General Scott,

being one of the first to observe it, called for volunteers and went

to the scene, and, with the assistance of the naval volunteers and men

of the army, succeeded in extinguishing the fire. This act of General

Scott, seconded by army and navy men, had much to do with quieting the

intense political excitement in Charleston.

In the latter part of January, 1833, the General Assembly of Virginia

passed a resolution asking Congress to modify the tariff, and also to

appoint a commissioner to South Carolina and endeavor to conciliate

that State. The commissioner appointed was Benjamin Watkins Leigh. On

his request, Mr. James Hamilton, president of the South Carolina

convention, called it to assemble, when it rescinded the ordinance,

the troops which had been called were disbanded, and the whole State

and country were happily relieved of an impending internecine war.

Congress had passed the compromise act, and the United States troops

and vessels which had been sent to Charleston were withdrawn, and

peace and quiet again dawned on the lately excited city.

Mr. Leigh, the Commissioner of Virginia to South Carolina, says of

General Scott's part of that historic period: ... "General Scott had a

large acquaintance with the people of Charleston; he was their friend;

but his situation was such that many of the people--the great majority

of them--looked upon him as a public enemy.... He thought, as I

thought, that the first drop of blood shed in civil war--in civil war

between the United States and one of the States--would prove an

immedicable wound, which would end in a change of our institutions. He

was resolved, if possible, to prevent a resort to arms, and nothing

could have been more judicious than his conduct. Far from being prone

to take offense, he kept his temper under the strictest guard, and was

most careful to avoid giving occasion for offense; yet he held himself

ready to act if it should become necessary, and he let it be known

that he strictly understood the situation. He sought the society of

the leading nullifiers, and was in their company as much as they would

let him be, but he took care never to say a word to them on the

subject of political differences; he treated them as friends. From the

beginning to the end his conduct was as conciliatory as it was firm

and sincere, evincing that he knew his duty and was resolved to

perform it, and yet his principal object and purpose was peace. He was

perfectly successful, when the least imprudence might have resulted in

a serious collision."

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