Today in 1833, United States President Andrew Jackson wrote a scathing letter to Martin Van Buren expressing his anger toward South Carolina for nullifying the federal Tariff of 1832.
The Tariff Act of 1832 followed its 1828 predecessor, which many called the “Tariff of Abominations” for its radical protectionist implications. Far from a measure to generate revenue for the federal government, the new law sought to drastically alter the buying patterns of Southerners to the benefit of northern manufacturers and compelled southerners to buy northern goods that were often inferior and much more expensive. Drafted by former President John Quincy Adams, the plan reflected goals proposed by Henry Clay in his “American System.”
In response to the tariff, Jackson’s vice president John C. Calhoun resigned from the office, won a seat to the United States Senate, and orchestrated a campaign of opposition against the tariff. In his anonymous tract, “South Carolina Exposition and Protest,” Calhoun defended his case on the basis that the power to establish a revenue tariff did not confer the ability to impose a tariff designed to eliminate foreign trade and give advantage to northern industry.
Meanwhile, many in South Carolina openly called for immediate secession, believing Calhoun’s approach to be too moderate. Ultimately, the state held elections for a state convention to decide the matter, and that assembly nullified both the Tariff of 1828 and Tariff of 1832 on the grounds Calhoun espoused. Invoking Thomas Jefferson and James Madison’s language in the Kentucky and Virginia Resolutions of 1798, South Carolina declared the tariff “null, void, and no law.”
In his letter, Jackson suggested using force against the state, threatening to march 50,000 men from Virginia, North Carolina, and Tennessee. “The crisis must be now met with firmness,” Jackson wrote. He later sent naval warships into Charleston harbor and threatened to hang Calhoun and his acolytes, exacerbating the tensions that defined the episode. Jackson condemned all those involved in nullifying the tariff as traitors against the United States. Meanwhile, South Carolina mobilized by drilling units to resist a potential invasion by the federal government.
Despite Jackson’s allegation that nullification was a treasonous offense, the Constitution maintains a very different standard for such a distinction – only those “levying War against them [the states], or in adhering to their Enemies, giving them Aid and Comfort” had engaged in treason. Ironically, Jackson himself had more closely met this criterion by seeking the authority to invade South Carolina via the Force Bill, which eventually passed Congress. Only one senator—future president John Tyler—voted against the measure. Moreover, rather than permit it to carry out invasions against states, the Constitution obligates the federal government to protect each state from invasions thereof.
Even an aged and retired James Madison was drawn into the dispute. He penned a tract that defended the constitutionality of the tariff and opposed South Carolina’s position that it could compel the other states to vote on the legitimacy of one state’s nullification pronouncement. In the same writing, however, the former president remained adamant that the use of nullification against unconstitutional usurpations of state power was “a remedy against insupportable oppression.”
In the end, the tariff was renegotiated to a lower rate. South Carolina’s special convention reconvened, rescinded its nullification of the tariff, proceeded to nullify the Force Bill, and concluded its session. The resentment left by this ordeal stirred for decades, where protectionist tariffs remained a contentious issue. Up to and including the 1861 Morrill Tariff, the matter pitted two incompatible economic visions against each other.
Tariff of 1832 nullified by So. Carolina
Tariff of 1832 nullified by So. Carolina
From my friend Dave Benner. Dave is an author of several excellent history volumes centering on Colonial and Early US period. His works include "Compact of the Republic," "Thomas Paine: A Lifetime of Radicalism," and "The 14th Amendment and the Incorporation Doctrine." His books are available at https://davidbenner.square.site/ and on Amazon.