Nullification Crisis - Route To Nullification in South Carolina (1828-1832)

Route To Nullification in South Carolina (1828-1832)

Historian Avery Craven argues that, for the most part, the debate from 1828-1832 was a local South Carolina affair. The state itself was not united and the sides were roughly equal. The western part of the state and a faction in Charleston led by Joel Poinsett would remain loyal to Jackson almost to the end. Only in small part was the conflict between “a National North against a States’-right South”.

After the final vote on the Tariff of 1828, the South Carolina congressional delegation held two caucuses, the second at the home of Senator Robert Y. Hayne. They were rebuffed in their efforts to coordinate a united Southern response and focused on how their state, by itself, would react. While many agreed with George McDuffie that tariff policy could lead to secession at some future date, they all agreed that as much as possible the issue should be kept out of the upcoming presidential election. Calhoun, while not at this meeting, served as a moderating influence. He felt that the first step in reducing the tariff was to defeat Adams and his supporters in the upcoming election. William C. Preston, on behalf of the South Carolina legislature asked Calhoun to prepare a report on the tariff situation. Calhoun readily accepted this challenge and in a few weeks time had a 35,000 word draft of what would become his “Exposition and Protest”.

Calhoun’s “Exposition” was completed late in 1828. He argued that the tariff of 1828 was unconstitutional because it favored manufacturing over commerce and agriculture. The tariff power, he felt, could only be used to generate revenue, not to provide protection from foreign competition for American industries. He believed that the people of a state or several states, acting in a democratically elected convention, had the retained power to veto any act of the federal government which violated the Constitution. This veto, the core of the doctrine of nullification, was explained by Calhoun in the Exposition:

The report also detailed the specific southern grievances over the tariff that led to the current dissatisfaction. ” Fearful that “hotheads” such as McDuffie might force the legislature into taking some drastic action against the federal government, historian John Niven describes Calhoun’s political purpose in the document:

The report was submitted to the state legislature which had five thousand copies of it printed and distributed. Calhoun, who still had designs on succeeding Jackson as president, was not identified as the author but word on this soon leaked out. The legislature took no action on the report at that time.

In the summer of 1828 Robert Barnwell Rhett, soon to be considered the most radical of the South Carolinians, entered the fray over the tariff. As a state representative, Rhett called for the governor to convene a special session of the legislature. An outstanding orator, Rhett appealed to his constituents to resist the majority in Congress. Rhett addressed the danger of doing nothing:

Rhett’s rhetoric which talked of revolution and war was still too radical in the summer of 1828, but with the election of Jackson assured, James Hamilton Jr. on October 28 in the Colleton County Courthouse in Walterborough “launched the formal nullification campaign”. Renouncing his former nationalism, Hamilton warned the people that, “Your task-master must soon become a tyrant, from the very abuses and corruption of the system, without the bowels of compassion, or a jot of human sympathy.” He called for implementation of Mr. Jefferson’s “rightful remedy” of nullification. Hamilton sent a copy of the speech directly to President-elect Jackson. However despite a statewide campaign by Hamilton and McDuffie, a proposal to call a nullification convention in 1829 was defeated by the South Carolina legislature that met at the end of 1828. State leaders such as Calhoun, Hayne, Smith, and William Drayton were all able to remain publicly non-committal or opposed to nullification for the next couple of years.

The division in the state between radicals and conservatives continued throughout 1829 and 1830. After the failure of a state project to arrange financing of a railroad within the state to promote internal trade, the state petitioned Congress to invest $250,000 in the company attempting to build the railroad. Congress tabled the measure and the debate in South Carolina resumed between those who wanted state investment and those who wanted again to attempt to get Congress involved. The debate demonstrated that a significant minority of the state did have an interest in Clay’s American System. However the impact of the Webster-Haynes debate (see next section) energized the radicals and some moderates started to move in their direction.

The state election campaign of 1830 focused on the tariff issue and the need for a state convention. Radicals, on the defensive, deemphasized that the convention would necessarily be pro-nullification. Where voters were presented with races where an unpledged convention was the issue, the radicals generally won. Where conservatives effectively categorized the race as being about nullification, the radicals lost. The October election was narrowly carried by the radicals although the blurring of the issues left them without any specific mandate. However in South Carolina, the governor was selected by the legislature, and the leader of the radical movement, James Hamilton, was selected as governor and fellow radical Henry L. Pinckney was selected as speaker for the South Carolina House. For the open Senate seat, the more radical Stephen Miller was selected over William Smith.

With radicals in leading positions, in 1831, the momentum began to shift towards the radicals. State politics were now strictly divided along Nullifier and Unionist lines. Still, the margin in the legislature fell short of the two-thirds majority needed for a convention. Many of the radicals felt that convincing Calhoun of the futility of his plans for the presidency would lead him into their ranks. Calhoun meanwhile had reached his own conclusion that Martin Van Buren was clearly establishing himself as Jackson’s heir apparent. George McDuffie, at Hamilton’s prompting, made a three hour speech in Charleston demanding nullification of the tariff at any cost. In the state, the success of McDuffie’s speech seemed to open up the possibilities of both military confrontation with the federal government and civil war within the state itself. With silence no longer an acceptable alternative, Calhoun looked for the opportunity to take control of the anti-tariff faction in the state and by June he was preparing what would be known as his Fort Hill Address.

Published on July 26, 1831, the address repeated and expanded the positions he had made in the “Exposition”. While the logic of much of the speech was consistent with the states’ rights position of most Jacksonians and even Daniel Webster remarked that it “was the ablest and most plausible, and therefore the most dangerous vindication of that particular form of Revolution”, the speech still placed Calhoun clearly in the nullifier camp. Within South Carolina, whatever attempts at moderation there were in the speech were drowned out as the state received word of the Nat Turner insurrection in Virginia. Calhoun was not alone in finding a connection between the abolition movement and the sectional aspects of the tariff issue. It confirmed for Calhoun what he had written in a September 11, 1830 letter:

From this point, the nullifiers accelerated their organization and rhetoric. In July 1831 the States Rights and Free Trade Association was formed in Charleston and expanded throughout the state. Unlike state political organizations in the past that were led by the South Carolina aristocracy, this group specifically targeted all segments of the population including non-slaveholder farmers, small slaveholders, and the Charleston non-agricultural class. Governor Hamilton was instrumental in seeing that the association, which was both a political and a social organization, expanded throughout the state, and in the winter of 1831 and spring of 1832 Hamilton held conventions and rallies throughout the state to mobilize the nullification movement. The conservatives were unable to match the radicals in either organization or leadership.

The state elections of 1832 were “charged with tension and bespattered with violence” and “polite debates often degenerated into frontier brawls.” Unlike the previous year’s election, the choice was clear between nullifiers and unionists. The nullifiers won and on October 20, 1832 Governor Hamilton called the legislature into a special session to consider a convention. The legislative vote was 96-25 in the House and 31-13 in the Senate

In November 1832 the Nullification Convention met. The convention declared that the tariffs of 1828 and 1832 were unconstitutional and unenforceable within the state of South Carolina after February 1, 1833. Furthermore, attempts to use force to collect the taxes would lead to the state’s secession. Robert Hayne, who followed Hamilton as governor in 1833, established a 2,000 man group of mounted minutemen and 25,000 infantry who would immediately march to Charleston in the event of a military conflict. These troops were to be armed with $100,000 in arms purchased in the North.

The enabling legislation passed by the legislature was carefully constructed to avoid clashes if at all possible and to create an aura of legality in the process. To avoid conflicts with Unionists, it allowed importers to pay the tariff if they so desired. For others, they would pay the tariff by obtaining a paper tariff bond from the customs officer. They would then refuse to pay the bond when due, and if the customs official seized the goods, the merchant would file for a writ of replevin to recover the goods in state court. Customs officials who refused to return the goods (by placing them under the protection of federal troops) would be civilly liable for twice the value of the goods. To insure that state officials and judges supported the law, a test oath would be required for all new state officials that would bind them to support the ordinance of nullification.

Governor Hayne in his inaugural address made it clear where South Carolina stood: