General Scott

by Marcus J. Wright

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 That convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of the Union.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.