Nullification Crisis - Washington, D.C. (1828-1832)

Washington, D.C. (1828-1832)

When President Jackson took office in March 1829 he was well aware of the turmoil created by the “Tariff of Abominations”. While he may have abandoned some of his earlier beliefs that had allowed him to vote for the Tariff of 1824, he still felt protectionism was justified for products essential to military preparedness and did not believe that the current tariff should be reduced until the national debt was fully paid off. He addressed the issue in his inaugural address and his first three messages to Congress, but offered no specific relief. In December 1831, with the proponents of nullification in South Carolina gaining momentum, Jackson was recommending “the exercise of that spirit of concession and conciliation which has distinguished the friends of our Union in all great emergencies.” However on the constitutional issue of nullification, despite his strong beliefs in states’ rights, Jackson did not waver.

Calhoun’s “Exposition and Protest” did start a national debate over the doctrine of nullification. The leading proponents of the nationalistic view included Daniel Webster, Supreme Court Justice Joseph Story, Judge William Alexander Duer, John Quincy Adams, Nathaniel Chipman, and Nathan Dane. These people rejected the compact theory advanced by Calhoun, claiming that the Constitution was the product of the people, not the states. According to the nationalist position, the Supreme Court had the final say on the constitutionality of legislation, the national union was perpetual and had supreme authority over individual states. The nullifiers, on the other hand, asserted that the central government was not to be the ultimate arbiter of its own power, and that the states, as the contracting entities, could judge for themselves what was or was not constitutional. While Calhoun’s “Exposition” claimed that nullification was based on the reasoning behind the Kentucky and Virginia Resolutions, an aging James Madison in an August 28, 1830 letter to Edward Everett, intended for publication, disagreed. Madison wrote, denying that any individual state could alter the compact:

Part of the South’s strategy to force repeal of the tariff was to arrange an alliance with the West. Under the plan, the South would support the West’s demand for free lands in the public domain if the West would support repeal of the tariff. With this purpose Robert Hayne took the floor on the Senate in early 1830, thus beginning “the most celebrated debate, in the Senate’s history.” Daniel Webster’s response shifted the debate, subsequently styled the Webster-Hayne debates, from the specific issue of western lands to a general debate on the very nature of the United States. Webster's position differed from Madison's: Webster asserted that the people of the United States acted as one aggregate body, Madison held that the people of the several states had acted collectively. John Rowan spoke against Webster on that issue, and Madison wrote, congratulating Webster, but explaining his own position. The debate presented the fullest articulation of the differences over nullification, and 40,000 copies of Webster’s response, which concluded with “liberty and Union, now and forever, one and inseparable”, were distributed nationwide.

Many people expected the states’ rights Jackson to side with Haynes. However once the debate shifted to secession and nullification, Jackson sided with Webster. On April 13, 1830 at the traditional Democratic Party celebration honoring Thomas Jefferson’s birthday, Jackson chose to make his position clear. In a battle of toasts, Hayne proposed, “The Union of the States, and the Sovereignty of the States.” Jackson’s response, when his turn came, was, “Our Federal Union: It must be preserved.” To those attending, the effect was dramatic. Calhoun would respond with his own toast, in a play on Webster’s closing remarks in the earlier debate, “The Union. Next to our liberty, the most dear.” Finally Martin Van Buren would offer, “Mutual forbearance and reciprocal concession. Through their agency the Union was established. The patriotic spirit from which they emanated will forever sustain it.”

Van Buren wrote in his autobiography of Jackson’s toast, “The veil was rent – the incantations of the night were exposed to the light of day.” Thomas Hart Benton, in his memoirs, stated that the toast “electrified the country.” Jackson would have the final words a few days later when a visitor from South Carolina asked if Jackson had any message he wanted relayed to his friends back in the state. Jackson’s reply was:

Other issues than the tariff were still being decided. In May 1830 Jackson vetoed an important (especially to Kentucky and Henry Clay) internal improvements program in the Maysville Road Bill and then followed this with additional vetoes of other such projects shortly before Congress adjourned at the end of May. Clay would use these vetoes to launch his presidential campaign. In 1831 the re-chartering of the Bank of the United States, with Clay and Jackson on opposite sides, reopened a long simmering problem. This issue was featured at the December 1831 National Republican convention in Baltimore which nominated Henry Clay for president, and the proposal to re-charter was formally introduced into Congress on January 6, 1832. The Calhoun-Jackson split entered the center stage when Calhoun, as vice-president presiding over the Senate, cast the tie-breaking vote to deny Martin Van Buren the post of minister to England. Van Buren was subsequently selected as Jackson’s running mate at the 1832 Democratic National Convention held in May.

In February 1832 Henry Clay, back in the Senate after a two decades absence, made a three day long speech calling for a new tariff schedule and an expansion of his American System. In an effort to reach out to John Calhoun and other southerners, Clay’s proposal provided for a ten million dollar revenue reduction based on the amount of budget surplus he anticipated for the coming year. Significant protection was still part of the plan as the reduction primarily came on those imports not in competition with domestic producers. Jackson proposed an alternative that reduced overall tariffs to 28%. John Quincy Adams, now in the House of Representatives, used his Committee of Manufacturers to produce a compromise bill that, in its final form, reduced revenues by five million dollars, lowered duties on non-competitive products, and retained high tariffs on woolens, iron, and cotton products. In the course of the political maneuvering, George McDuffie’s Ways and Means Committee, the normal originator of such bills, prepared a bill with drastic reduction across the board. McDuffie’s bill went nowhere. Jackson signed the Tariff of 1832 on July 14, 1832, a few days after he vetoed the Bank of the United States re-charter bill. Congress adjourned after it failed to override Jackson’s veto.

With Congress in adjournment, Jackson anxiously watched events in South Carolina. The nullifiers found no significant compromise in the Tariff of 1832 and acted accordingly (see the above section). Jackson heard rumors of efforts to subvert members of the army and navy in Charleston and he ordered the secretaries of the army and navy to begin rotating troops and officers based on their loyalty. He ordered General Winfield Scott to prepare for military operations and ordered a naval squadron in Norfolk to prepare to go to Charleston. Jackson kept lines of communication open with unionists like Joel Poinsett, William Drayton, and James L. Petigru and sent George Breathitt, brother of the Kentucky governor, to independently obtain political and military intelligence. After their defeat at the polls in October, Petigru advised Jackson that he should " Be prepared to hear very shortly of a State Convention and an act of Nullification.” On October 19, 1832 Jackson wrote to his Secretary of War, “The attempt will be made to surprise the Forts and garrisons by the militia, and must be guarded against with vestal vigilance and any attempt by force repelled with prompt and exemplary punishment.” By mid-November Jackson’s reelection was assured.

On December 3, 1832 Jackson sent his fourth annual message to Congress. The message “was stridently states’ rights and agrarian in its tone and thrust” and he disavowed protection as anything other than a temporary expedient. His intent regarding nullification, as communicated to Van Buren, was “to pass it barely in review, as a mere buble, view the existing laws as competent to check and put it down.” He hoped to create a “moral force” that would transcend political parties and sections. The paragraph in the message that addressed nullification was:

On December 10 Jackson issued the Proclamation to the People of South Carolina, in which he characterized the positions of the nullifiers as "impractical absurdity" and "a metaphysical subtlety, in pursuit of an impractical theory." He provided this concise statement of his belief:

The language used by Jackson, combined with the reports coming out of South Carolina, raised the spectre of military confrontation for many on both sides of the issue. A group of Democrats, led by Van Buren and Thomas Hart Benton among others, saw the only solution to the crisis in a substantial reduction of the tariff.