The Nullifiers gained control of the government of South Carolina and a call was issued for a convention to meet and abolish by formal state action the collection of duties. There also were loud demands from some state leaders for mobilization of South Carolina troops to oppose any Federal intervention. Customs officers, more sympathetic to the state of South Carolina than to the Union, refused to collect duties. This convention call was the aftermath of a previous convention at which a grim resolution was adopted saying in part: “The state looks to her sons to defend her in whatever form she may proclaim to Resist.”
The tariff collection issue became so divisive that reports reached President Jackson in August and September, 1832, that the loyalty of army officers in command of Federal troops at Charleston was suspect.
It was reported to Jackson that in event of Federal “aggression” against South Carolina to enforce tariff collection and oppose secession, these officers were ready to surrender their troops to the state rather than fight to protect the Charleston forts. These same reports said overtures had been made “perhaps not without success” to switch the allegiance of the naval officer in command at Charleston, in order to prevent a Federal blockade of the port.
Jackson advised his Secretary of State, Edward Livingston, that “the Union must be preserved, without blood if this be possible, but it must be preserved at all hazards and at any price.” He changed the garrison at Charleston and sent Maj. Gen. Winfield Scott to take over the command. He warned Secretary of War Lewis Cass that a surprise attack would be made on the Charleston forts by South Carolina militia and directed that such an attack must be “repelled with prompt and exemplary punishment.”
While taking these precautions, Jackson argued that if the doctrine of nullification of customs duties by the states were ever established, then every Federal law for raising revenue could be annulled by the states. He denied the right of secession, declaring that “to say that any state may at pleasure secede from the Union is to say that the United States is not a nation.”
The controversial tariff laws had been a national issue long before Jackson entered the White House in 1828. The major issue in the Presidential campaign of 1823–1824 revolved around tariffs and the use of Federal funds for such internal improvements as roads, harbors, and like projects. The leading candidates for the Presidency that year were John C. Calhoun of South Carolina, Henry Clay of Kentucky, John Q. Adams of Massachusetts, William H. Crawford of Georgia, and finally, Andrew Jackson—with Jackson and Adams emerging as the showdown antagonists.
Adams won the election when Henry Clay threw his support to the New Englander. Under the leadership of Clay and Daniel Webster a high-duty system of tariffs was adopted, which was termed the “Act of Abominations” by its opponents.
When Jackson entered the White House in 1828 the tariff issue was still the most important and also the most divisive issue of the day. In January, 1830, Senator Robert Y. Hayne of South Carolina launched a strong attack in the Senate against the excessively high tariffs. The young Senator sought a coalition between the West and the South, the agricultural areas, to oppose the duties favored by the industrial states.
Hayne’s argument rested on the states’ rights questions which were to plague the nation for many years to come. Hayne contended that “no evil was more to be deprecated than the consolidation of this government.” He argued for the right of any state to set aside “oppressive” Federal legislation, including tariffs.
Daniel Webster picked up the argument against Hayne. He contended that “the Constitution is not the creature of the state government. The very chief end, the main design, for which the whole constitution was framed and adopted was to establish a government that should not ... depend on the state opinion and state discretion.” He said it was folly to support a doctrine of “liberty first and union afterwards,” and he spoke the famous line: “Liberty and union, now and forever, one and inseparable.”