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."