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."