General Scott

by Marcus J. Wright

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.