WILLIAM HARPER
(1790-1846)
Meet William
William Harper was born in Antigua in 1790 but soon after moved to Charleston and Columbia, South Carolina. After receiving his elementary education in Columbia, Harper became the first student to enroll at the University of South Carolina (formerly known as South Carolina College). He graduated in 1808, gained admittance to the South Carolina Bar, and was elected a representative in the South Carolina General Assembly. After marrying Ann Catherine Coalter, Harper joined his father-in-law in moving to Missouri. He served in the Missouri Constitutional Convention but, after the death of his father-in-law, settled once again in South Carolina, where he emerged as a dominant figure in during the Nullification Crisis. Harper died in Fairfield County in 1847.
Left: William Harper, courtesy the University of South Carolina School of Law Library, https://guides.law.sc.edu/PortraitCollection/HarperWilliam
William Harper's South Carolina
From 1828 to 1834, South Carolina was wracked by the Nullification Crisis. During Andrew Jackson’s presidency, Americans faced progressively higher tariffs until 1828, which raised the tariff up to 50% on certain raw materials. In response to the tariff, foreign countries blocked American cotton sales, damaging the southern economy. John C. Calhoun, a South Carolinian and Andrew Jackson’s vice-president running mate, criticized the tariff in his pamphlet, South Carolina Exposition and Protest. Calhoun and his supporters claimed that the tariff disproportionately hurt the South, which northerners intended as a step to fight against slavery: if South Carolinians lacked money, they could not invest so heavily in enslaved people. To protect slavery, he argued South Carolina should nullify the tariff; the pamphlet thus established nullification and secession as the groundwork for states’ rights political platforms. Lowcountry South Carolinians widely supported Calhoun, but those in the upcountry actively formed the Unionist Party, which emphasized loyalty to the Union and criticized the power of a few lowcountry elite politicians. Calhoun’s party ultimately succeeded in passing nullification, and Jackson responded with the Wilkins Act, which bolstered his power to implement the tariff in South Carolina. Ultimately, nullifiers accepted a compromise tariff in 1833, but the crisis laid a foundation for political tensions later central to the Civil War in South Carolina.
Joel Roberts Poinsett
Above: Joel Roberts Poinsett by Charles Fenderich (1838), courtesy National Portrait Gallery, Smithsonian Institution; transfer from the Library of Congress (detail), https://npg.si.edu/object/npg_NPG.66.89
Joel Roberts Poinsett, as a leader in South Carolina’s Union Party during the Nullification Crisis, bitterly opposed William Harper. Poinsett was born in Charleston in 1799. After traveling to England and Scotland for schooling, he spent a brief year studying law in South Carolina then returned to Europe to form relationships with leaders including Napoleon, Jacques Necker, and Czar Alexander I. He then returned to the United States and represented South Carolina in the House of Representative. Poinsett strongly supported President Andrew Jackson during the Nullification Crisis. While communicating with Jackson, he secretly organized unionist militias. After the crisis, Poinsett served as Secretary of War and oversaw the forced removal of several Native Americans to western territories.
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Poinsett later retired to his wife’s, Mary Izard Pringle’s, plantation, where he experimented with botany and
introduced the Mexican flower that now bears his name: the poinsettia. He died in Statesburg, South Carolina in 1851.
State v. Willson (1823)
In 1823, the year Harper started work as a court reporter, the South Carolina Court of Appeals tackled a case regarding the free exercise of religion: State v. Willson. Several Christians in South Carolina, who identified as Covenanters, refused to participate in a government whose constitution did not explicitly acknowledge the existence of a Christian God. They consequently sought exemption from jury duty. The court responded by ruling that the Constitution’s Free Exercise Clause does not exempt individuals from laws applicable to all United States citizens. This ruling foreshadowed the 1990 case, Employment Division, Department of Human Resources of Oregon v. Smith, in which two Native American men lost their jobs for smoking peyote in a religious ceremony and were subsequently denied unemployment benefits because smoking peyote violated a federal statute. The court decided against their favor, arguing laws do not violate the Free Exercise Clause so long as they advance a legitimate government interest and are neutrally applied to all residents. The 1993 Religious Freedom Restoration Act reversed the decision by establishing the Sherbert Test, which argues laws are acceptable under the Free Exercise Clause so long as they further a legitimate government interest and are the least religiously restrictive course available.
In the Stacks
Ford, Lacy K. Origins of Southern Radicalism: The South Carolina Upcountry, 1800-1860. New York: Oxford University Press, 1988. F273. F67. 1988
References
Hammond, James T. “Poinsett, Joel Roberts.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, June 20, 2016. Accessed April 13, 2021, https://www.scencyclopedia.org/sce/entries/poinsett-joel-roberts/
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Napier, John. “Harper, William.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, April 15, 2016. Accessed April 13, 2021, https://www.scencyclopedia.org/sce/entries/harper-william/
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Newton, Lewis N. “Poinsett, Joel Roberts (1779-1851).” Handbook of Texas. Texas State Historical Association, accessed April 13, 2021, https://www.tshaonline.org/handbook/entries/poinsett-joel-roberts
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“Nullification Crisis.” American Battlefield Trust, accessed April 13, 2021, https://www.battlefields.org/learn/articles/nullification-crisis
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Sinha, Manisha. “Nullification.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, June 8, 2016. Accessed April 13, 2021. https://www.scencyclopedia.org/sce/entries/nullification/
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Tinkler, Robert. “Unionists.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, June 28, 2016. Accessed April 13, 2021, https://www.scencyclopedia.org/sce/entries/unionists/.
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Vile, John R. “State v. Willson (S.C. App.) (1823).” The First Amendment Encyclopedia. Free Speech Center, Middle Tennessee State University, accessed April 13, 2021, https://mtsu.edu/first-amendment/article/645/state-v-willson-s-c-app