The United States has a federal system of government. This means that power is shared between a national government and state governments. The Constitution delegates specific powers to the national government and reserves specific powers for the states. The balance between the power of the national government and state governments has long been a source of tension. This tension would ultimately culminate in the Civil War.
One substantial manifestation of the tension inherent in federalism was the nullification crisis. In 1828, the United States government imposed a tariff on foreign manufactures. The purpose of this tariff was to protect burgeoning American industries in the Northeast. The tariff was harmful to the interests of the American South. The South had very little manufacturing of its own and the tariffs raised the price of foreign made goods for southern consumers. The state of South Carolina declared the tariff of 1828 and the tariff of 1832 to be null and void within their state. This sparked a Constitutional crisis and almost resulted in a Civil War.
The Nullification Crisis
The crisis over the Tariff of 1828 continued into the 1830s and highlighted one of the currents of democracy in the Age of Jackson: namely, that many southerners believed a democratic majority could be harmful to their interests. These southerners saw themselves as an embattled minority and claimed the right of states to nullify federal laws that appeared to threaten state sovereignty.
The Tariff of 1828 had driven Vice President Calhoun to pen his “South Carolina Exposition and Protest,” in which he argued that if a national majority acted against the interest of a regional minority, then individual states could void—or nullify—federal law. By the early 1830s, the battle over the tariff took on new urgency as the price of cotton continued to fall. In 1818, cotton had been thirty-one cents per pound. By 1831, it had sunk to eight cents per pound. While production of cotton had soared during this time and this increase contributed to the decline in prices, many southerners blamed their economic problems squarely on the tariff for raising the prices they had to pay for imported goods while their own income shrank.
Resentment of the tariff was linked directly to the issue of slavery, because the tariff demonstrated the use of federal power. Some southerners feared the federal government would next take additional action against the South, including the abolition of slavery. The theory of nullification, or the voiding of unwelcome federal laws, provided wealthy slaveholders, who were a minority in the United States, with an argument for resisting the national government if it acted contrary to their interests. James Hamilton, who served as governor of South Carolina in the early 1830s, denounced the “despotic majority that oppresses us.” Nullification also raised the specter of secession; aggrieved states at the mercy of an aggressive majority would be forced to leave the Union.
On the issue of nullification, South Carolina stood alone. Other southern states backed away from what they saw as the extremism behind the idea. President Jackson did not make the repeal of the 1828 tariff a priority and denied the nullifiers’ arguments. He and others, including former President Madison, argued that Article 1, Section 8 of the Constitution gave Congress the power to “lay and collect taxes, duties, imposts, and excises.” Jackson pledged to protect the Union against those who would try to tear it apart over the tariff issue. “The union shall be preserved,” he declared in 1830.
To deal with the crisis, Jackson advocated a reduction in tariff rates. The Tariff of 1832, passed in the summer, lowered the rates on imported goods, a move designed to calm southerners. It did not have the desired effect, however, and Calhoun’s nullifiers still claimed their right to override federal law. In November, South Carolina passed the Ordinance of Nullification, declaring the 1828 and 1832 tariffs null and void in the Palmetto State. Jackson responded, however, by declaring in the December 1832 Nullification Proclamation that a state did not have the power to void a federal law.
With the states and the federal government at an impasse, civil war seemed a real possibility. The next governor of South Carolina, Robert Hayne, called for a force of ten thousand volunteers to defend the state against any federal action. At the same time, South Carolinians who opposed the nullifiers told Jackson that eight thousand men stood ready to defend the Union. Congress passed the Force Bill of 1833, which gave the federal government the right to use federal troops to ensure compliance with federal law. The crisis—or at least the prospect of armed conflict in South Carolina—was defused by the Compromise Tariff of 1833, which reduced tariff rates considerably. Nullifiers in South Carolina accepted it, but in a move that demonstrated their inflexibility, they nullified the Force Bill.
The Nullification Crisis illustrated the growing tensions in American democracy: an aggrieved minority of elite, wealthy slaveholders taking a stand against the will of a democratic majority; an emerging sectional divide between South and North over slavery; and a clash between those who believed in free trade and those who believed in protective tariffs to encourage the nation’s economic growth. These tensions would color the next three decades of politics in the United States.
Corbett, P.S., Janssen V., Lund, J., Pfannestiel, T., Vickery, P., & Waskiewicz, S. U.S. History. OpenStax. 30 December 2014.
The Nullification Crisis
Nearly every American had an opinion about President Jackson. To some, he epitomized democratic government and popular rule. To others, he represented the worst in a powerful and unaccountable executive, acting as president with the same arrogance he had shown as a general in Florida. One of the key issues dividing Americans during his presidency was a sectional dispute over national tax policy that would come to define Jackson’s no-holds-barred approach to government.
Once Andrew Jackson moved into the White House, most southerners expected him to do away with the hated Tariff of 1828, the so-called Tariff of Abominations. This import tax provided protection for northern manufacturing interests by raising the prices of European products in America. Southerners, however, blamed the tariff for a massive transfer of wealth. It forced them to purchase goods from the North’s manufacturers at higher prices, and it provoked European countries to retaliate with high tariffs of their own, reducing foreign purchases of the South’s raw materials.
Only in South Carolina, though, did the discomfort turn into organized action. The state was still trying to shrug off the economic problems of the Panic of 1819, but it had also recently endured the Denmark Vesey slave conspiracy, which convinced white South Carolinians that antislavery ideas put them in danger of a massive slave uprising.
Elite South Carolinians were especially worried that the tariff was merely an entering wedge for federal legislation that would limit slavery. Andrew Jackson’s own vice president, John C. Calhoun, who was from South Carolina, asserted that the tariff was “the occasion, rather than the real cause of the present unhappy state of things.” The real fear was that the federal government might attack “the peculiar domestick institution of the Southern States”—meaning slavery.12 When Jackson failed to act against the tariff, Vice President Calhoun was caught in a tight position.
In 1828, Calhoun secretly drafted the “South Carolina Exposition and Protest,” an essay and set of resolutions that laid out the doctrine of “nullification.”13 Drawing from the Virginia and Kentucky Resolutions of 1798 and 1799, Calhoun argued that the United States was a compact among the states rather than among the whole American people. Since the states had created the Union, he had reasoned, they were still sovereign, so a state could nullify a federal statute it considered unconstitutional. Other states would then have to concede the right of nullification or agree to amend the Constitution. If necessary, a nullifying state could leave the Union.
When Calhoun’s authorship of the essay became public, Jackson was furious, interpreting it both as a personal betrayal and as a challenge to his authority as president. His most dramatic confrontation with Calhoun came in 1832 during a commemoration for Thomas Jefferson. At dinner, the president rose and toasted, “Our Federal Union: It must be preserved.” Calhoun responded with a toast of his own: “The Union: next to our Liberty the most dear.”14 Their divorce was not pretty. Martin Van Buren, a New York political leader whose skill in making deals had earned him the nickname “the Little Magician,” replaced Calhoun as vice president when Jackson ran for reelection in 1832.
Calhoun returned to South Carolina, where a special state convention nullified the federal tariffs of 1828 and 1832. It declared them unconstitutional and therefore “null, void, and no law” within South Carolina.15 The convention ordered South Carolina customs officers not to collect tariff revenue and declared that any federal attempt to enforce the tariffs would cause the state to secede from the Union.
President Jackson responded dramatically. He denounced the ordinance of nullification and declared that “disunion, by armed force, is TREASON.”16 Vowing to hang Calhoun and any other nullifier who defied federal power, he persuaded Congress to pass a Force Bill that authorized him to send the military to enforce the tariffs. Faced with such threats, other southern states declined to join South Carolina. Privately, however, Jackson supported the idea of compromise and allowed his political enemy Henry Clay to broker a solution with Calhoun. Congress passed a compromise bill that slowly lowered federal tariff rates. South Carolina rescinded nullification for the tariffs but nullified the Force Bill.
The legacy of the Nullification Crisis is difficult to sort out. Jackson’s decisive action seemed to have forced South Carolina to back down. But the crisis also united the ideas of secession and states’ rights, two concepts that had not necessarily been linked before. Perhaps most clearly, nullification showed that the immense political power of slaveholders was matched only by their immense anxiety about the future of slavery. During later debates in the 1840s and 1850s, they would raise the ideas of the Nullification Crisis again.
Source: The American Yawp. A Free and Online, Collaboratively Built American History Textbook, 2017-2018 Edition.
Summary
In 1828, the United States government enacted a tariff on foreign manufactured goods. This tariff was beneficial for industrial interests in the North, but was deeply unpopular in the American South. Vice President John C. Calhoun encouraged his home state of South Carolina to declare the tariff null and void under the doctrine of nullification. President Andrew Jackson was deeply opposed to nullification, understanding that this doctrine would undermine the power of the national government. Despite this, the state of South Carolina voted to nullify the tariff of 1828 and the tariff of 1832. If taken to its furthest extreme, this doctrine of nullification could even lead to secession and the dissolution of the Union. Andrew Jackson secured passage of the Force Bill in 1833, which granted him the power to take military action within the states to enforce federal law. Ultimately, a compromise was reached that avoided Civil War.
