PAPERS RELATING TO WHAT IS KNOWN AS THE
WHISKEY INSURRECTION
IN WESTERN PENNSYLVANIA, 1794.
Pennsylvania Archives, Second Series, Vol. IV.
Reprinted under direction of Charles Warren Stone,
Secretary of the Commonwealth.
Edited by John B. Linn and Wm. H. Egle, M. D.
Harrisburg: E. K. Meyers, State Printer, 1890s2v4i
Short bios: William Rawle * * William Bingham * * Jared Ingersoll
[397] DISTRICT ATTORNEY RAWLE* TO JUDGE ADDISON.
PITTSBURGH, November 24, 1794.
SIR:—The Judge of the district having spent several days in this town for the purpose of examining into the cases of persons accused, and taking the examination of witnesses relative to offences committed within the district against the United States, and his public business requiring his attendance in another part of the district, I am under the necessity of requesting your attention to the continuance of that inquiry which public justice requires, to the offences committed as above mentionedThe list inclosed, and the expected cases in Governor Lee's proclamation, will indicate the persons in regard to whose conduct during the late convulsion, it is desirable to establish the truth.
I will be obliged to you, sir, to reduce their testimony to writing, and to furnish me with the depositions, and to bind the witnesses over in a reasonable sum expressed in dollars, to appear and testify in behalf of the United States at the next circuit court of the United States, stated or special, to be holden within the district aforesaid.
The following cases I desire you to notice particularly:
1. To bind over a certain Matthew Logan, as a witness against Ebenezer Gallagher.
2. To take the recognizance of Thomas Hughes, Esq., if he shall offer bail and good securities in no less sum in the whole than 3,000 dollars, for his appearance to answer. The charge against him is his having been one of the blackened party who attacked the house of Capt. Faulkner, and his having signed a contemptuous and improper paper on the 11th of September last. His offence, therefore, is of a bailable nature.
3. To send for and bind over as witnesses, Major Richard Talbot and Rev. Philip Dodridge of Hopewell township, and John Fennell of Cross Creek.
* WILLIAM RAWLE, , a native of Philadelphia, was born 28th day of April, 1759, of Quaker parentage. His early legal studies were prosecuted under the direction of Counsellor Kemp of New York. Towards the close of the Revolution he went to England, and entered the Middle Temple where he pursued his studies with untiring assiduity. In 1783 he returned to this country and devoted himself to his profession. President Washington appointed him District Attorney for the United States in 1791, a position he held for eight years, when he resigned. In the year 1828, Dartmouth College conferred on him the degree of LL. D. He died April 12, 1836, in the seventy-seventh year of his age.
[398] These instances are not mentioned as the exclusive cases in which your assistance is requested. To your judgment every other case is with great confidence committed. Truth will gradually reveal itself, and testimony of which we are ignorant.
With great consideration and respect,
I have the honor to be,
W. RAWLE.To JUDGE ADDISON.,
DISTRICT ATTORNEY RAWLE TO JUDGE ADDISON.
GREENSBURGH, November 26, 1794.
JUDGE ADDISON:
Permit me to request you will be good enough to send for a Doctor Robinson, Wm. Parker, Esq., Daniel Depuy and Wm. Irwin, and endeavor to ascertain from their examinations from whom they received instructions to harangue Col. John Hamilton's battalion on the 4th of July last in opposition to excise law, (as it is called,) for it appears, on inquiry, that a regular plan had been formed to prevent the execution of the law by the extirpation of all the officers, and that the attack upon Gen. Neville's was an execution of their system.I am with great respect,
your servant,
W. RAWLE.GEN. HENRY LEE TO JUDGE ADDISON.
HEAD QUARTERS, PITTSBURGH, November 26, 1794.
SIR:—Major General Morgan, who will command the troops destined to continue in this district, will be always ready to support the civil authority when required.To you, as the head of the judiciary, belongs the right of demanding this aid whenever in your judgment it shall be necessary. I am persuaded the wisdom and vigor which will be displayed by the officers of justice, in their several stations, will probably be found equal to all future exigencies. Should my hopes prove fallacious, the power of the protection established by me cannot fail in the immediate suppression of every irregularity, and will, I trust, be instantly restored to.
[399] Praying that this district may long enjoy peace and tranquility, I return home with pleasing anticipations of their growing prospects and happiness, in which I cannot but feel myself deeply interested.I have the honor to be, Sir,
with great respect,
Your obedient servant,
HENRY LEE.To Hon. ALEXANDER ADDISON.
GOVERNOR LEE, OF VIRGINIA, TO GOVERNOR MIFFLIN.
HEAD QUARTERS, PITTSBURGH, November 26th, 1794.
SIR:—The period having arrived when the army, entrusted to my direction by the President of the United States, having accomplished the object of their advance into this country, are about to return home, I should commit violence on my own feelings, was I not to express to your Excellency my very high ideas of their merit.Suddenly brought into the field, they were unprepared for the hardships which they encountered. Nevertheless, disregarding the distress to which they were consequently, in a greater degree exposed, they continued to evidence with firmness and zeal, the purity of the principles by which they were moved, and terminated their campaign in perfect correspondence with the patriotism which impelled them to exchange domestic enjoyments for the toils and privations inseparable from military life. To all is due the tribute of applause which ever attends the faithful and animated discharge of duty; but to one class something more is due. Those inestimable and friendless citizens who fill the ranks, seem to have been scarcely noticed in the legal provisions for compensation.
If the example exhibited by my companions in arms is * * * consolation from my hopes that the * * * tion the inequality which at * * * and to the soldiers, and so far as respects the faithful army under my orders, will be pleased to manifest their sense of the conduct of the troops, by rendering the pecuniary compensation of the soldier proportionate to that given to the officer. The justice and policy of such interposition are alike evident, and will be peculiarly acceptable.
Another point in which both officers and soldiers are interested, claims, in my humble opinion, legislative notice. Altho' [400] the wise and temperate system, adopted by the President of the United States, averted the heaviest of all human calamities, and saved the effusion of blood, yet the sufferings which the army experienced from the extreme severity of the weather, have deprived many families of their dearest friend and chief support. To alleviate their miseries, by extending to them, with equity and liberality, the public aid, is the only possible retribution which can be made by the community, and I flatter myself it is only necessary to make known the existence of such cases, to secure to the sufferers the requisite legal provision.
I forbear to gratify my affectionate attachment to my fellow citizens in arms with me, by yielding to my solicitude for their welfare, and subjoining the many observations which my knowledge of their virtue and sufferings crowds upon my mind, in the confidence that their conduct best bespeaks their worth, and that the Legislature will take pleasure in manifesting their respect to real merit.
HENRY LEE.
The Governor of Pennsylvania.PROCLAMATION OF GEN. HENRY LEE.
By HENRY LEE, Esq., Governor of the Commonwealth of Virginia, Major General therein, and Commander-in-Chief of the Militia Army in the service of the United States.
A PROCLAMATION.
WHEREAS, Information hath been given to me, that David Lock, of Washington County, Ebenezer Gallagher and Peter Lyle, of Allegheny County, charged with the Commission of Treason against the United States, have this morning, made their escape from the Fort at the town of Pittsburgh, to which place they had been committed by the civil authority; I do, therefore, by virtue of the authority vested in me, hereby offer a reward of Six Hundred Dollars, to be paid to any person or persons who will apprehend the said offenders, and deliver them to the Commanding Officer of the said Fort or the keeper of the Goal at the City of Philadelphia, or the sum of Two Hundred Dollars for any one of them who shall be apprehended and delivered as aforesaid. And I do hereby call upon and require, as well all magistrates and other officers of justice, as well all disposed citizens desirous of supporting the laws, and avoiding a return of the anarchy and confusion in which the Western Counties of Pennsylvania have lately been involved, [401] to use their utmost endeavors to cause the above mentioned Offenders to be brought to justice.
Given under my Hand at Head Quarters, in Pittsburgh, this 24th day of November, 1794.
HENRY LEE. [L. S. ]
By order of the Commander-in-Chief.
JAMES HEARD, Aid-de-Camp.PETER LYLE is about 5 feet 10 inches high, light complexion and light hair, about 30 years of age, very talkative, had on a blue-coat and white under jacket.
DAVID LOCK is stout, square built, 5 feet 8 or 9 inches high, light complexion, short sandy hair, flat nose and large lips, had on a round white hat, cloth coloured great coat, yellow cassimer waistcoat and breeches.
EBENEZER GALLAGHER is 6 feet high, fair complexion, light hair, had on a green coat, a bold, talkative man, born in New Jersey.
ACT OF CONGRESS TO PLACE TROOPS IN THE WESTERN COUNTIES.
AN ACT to authorize the President to call out and station a corps of Militia in the four western counties of Pennsylvania for a limited time.
SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a force not exceeding two thousand five hundred noncommissioned officers, musicians and privates, to be composed of the militia of the United States, be called forth and stationed in the four western counties of Pennsylvania, if, in the judgment of the President, the same shall be deemed necessary to suppress unlawful combinations and to cause the laws to be duly executed: Provided, that the term of service of any one quota of the militia to be called into actual service, pursuant to this act, shall not exceed three months after they shall have arrived at the place of rendezvous.SEC. 2. And be it further enacted, That the President of the United States be, and he is hereby authorized, if, in this judgment, it should be deemed expedient to direct voluntary inlistments of any of the militia of the United States, in lieu of all or any part of the force herein authorized to be called forth [402] for the purposes aforesaid, for a term of service not exceeding thirty days after the commencement of the next session of Congress.
FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives.
JOHN ADAMS, Vice President of the United States and President of the Senate.Approved—November the twenty-ninth, 1794.
G'O. WASHINGTON, President of the United, States.
Deposited among the Rolls in the Office of the Secretary of State.
EDM. RANDOLPH, Secretary of State.GENERAL LEE'S PROCLAMATION OF PARDON.
By HENRY LEE, Governor of the Commonwealth of Virginia, Major General therein, and Commander-in-Chief of the Militia Army, in the Service of the United States.
A PROCLAMATION.
By virtue of the powers and authority in me vested by the President of the United States, and in obedience to his benign intentions therewith communicated, I do, by this, my proclamation, declare and make known to all concerned, that a full, free and entire pardon (excepting and providing as hereafter mentioned) is hereby granted to all persons residing within the counties of Washington, Allegheny, Westmoreland and Fayette, in the State of Pennsylvania, and in the county of Ohio, in the State of Virginia, guilty of treason or misprision of treason against the United States, or otherwise directly or indirectly engaged in the wicked and unhappy tumults and disturbances lately existing in those counties; excepting, nevertheless, from the benefit and effect of this pardon, all persons charged with the commission of offenses against the United States, and now actually in custody or held by recognizance to appear and answer for such offenses at any judicial court or courts, excepting also, all persons avoiding fair trial by abandonment of their homes; and excepting moreover, the following persons, the atrocity of whose conduct renders it proper to mark them by name for the purpose of subjecting them, with all possible certainty, to the regular course of judicial proceedings, and whom all officers, civil and military, are required to endeavor to apprehend and brought to justice, to wit:
[403] Benjamin Parkinson,
John Holcroft,
Tho. Lapsley,
Edward Cook,
Richard Holcroft,
John Mitchell,
Thomas Spiers,
Geo. Parker,
Edward Magner, jun.,
David Lock,
Peter Lyle,
William Hay,
Tho. Patton,
Arthur Gardner,
Daniel Hamilton,
William Miller,
Edward Wright,
David Bradford,
Alexander Fulton,
William Bradford,
Wm. Hanna,
Thomas Hughes,
Ebenezer Gallagher,
John Shields.
William McElhenny,
Stephenson Jack,
Patrick Jack, and Andrew Highlands, of the State of Pennsylvania, and—
William Sutherland,
William McKinley,
Robert Stephenson, John Moore and
John McCormick, of Ohio county, in the State of Virginia.
Provided, That no person who shall hereafter wilfully obstruct, or attempt to obstruct the execution of any of the laws of the United States, or be in any wise aiding or abetting therein, shall be entitled to any benefit or advantage of the pardon herein before granted: And provided also,That nothing herein contained shall extend, or be construed to extend to the remission or mitigation of any forfeiture of any penalty incurred by reason of infractions of, or obstructions to, the laws of the United States for collecting a revenue upon distilled spirits and stills.Given under my hand, at Head Quarters, in Elizabeth Town, this twenty-ninth day of November, 1794.
HENRY LEE.
By order of the Commander-in-Chief.
G. K. Taylor, Aid-de-Camp.ORDERS OF GENERAL MORGAN.
GENERAL ORDERS.
CAMP, BENTLEY'S FARM, Nov. 30, 1794.
The General anticipates the happiest issue that the army he has the honor to command will afford to the laws and friends of good order and government, in the four western counties of Pennsylvania. The willingness with which the citizens have enrolled themselves to co-operate with the army in the restoration of obedience to the laws, are pleasing evidences that the unhappy delusion which lately pervaded this country, under the auspices of the friends to anarchy, are at an end.[404] The General hopes that the army now hutting for winter quarters, will consider themselves as in the bosom of their friends, & that they will vie with each other in promoting the love and esteem of their fellow citizens, and pointedly avoid every species of spoliation on the property of the inhabitants.
The officers commanding fatigue parties are particularly directed not to suffer the sugar or other trees producing fruit or comfort to the farmer to be cut down for building or any other purpose whatever.
The burning of fencing, where there is such an abundance of fuel so easily procured, is strictly forbid, and a violence offered to the person, or depredation on the property of any individual, by the soldiery, will be punished in the most exemplary and summary manner.
DANIEL MORGAN.
THE REVENUE INSPECTOR'S NOTICE.
PITTSBURGH, Nov 27, 1794.
I am directed to notify all persons in the counties of Allegheny, Fayette and Bedford, against whom suits have been commenced in the court of the United States for neglecting to enter their stills, that upon their coming forward immediately to the Collectors of each county, and paying one year's arrearages upon the capacity of the still and the costs of suit, a bill of which will be furnished, the actions will be discontinued.JOHN NEVILLE,
Inspector of the Revenue, 4th Survey, District of Pennsylvania.ADDRESS OF THE HOUSE OF REPRESENTATIVES TO PRESIDENT WASHINGTON.
PHILADELPHIA, December 1, 1794.
SIR:—The House of Representatives, calling to mind the blessings enjoyed by the people of the United States, and especially the happiness of living under constitutions and laws which rest on their authority alone, could not learn with other emotions than those you have expressed, that any part of our fellow citizens should have shewn themselves capable of an insurrection, and we learn, with the greatest concern, that any misrepresentations whatever, of the government and its proceed- [405] ings either by individuals or combinations of men should have been made, and so far credited as to foment the flagrant outrage which has been committed on the laws.We feel, with you, the deepest regret at so painful an occurrence in the annals of our country. As men regardful of the tender interests of humanity, we look with grief at scenes which might have stained our land with civil blood. As lovers of public order, we lament that it has suffered so flagrant a violation. As zealous friends of Republican Government, we deplore every occasion which in the hands of its enemies, may be turned into a calumny against it.
This aspect of the crisis, however, is happily not the only one which it presents. There is another which yields all the consolations which you have drawn from it. It has demonstrated to the candid world as well as to the American people themselves, that the great body of them, everywhere, are equally attached to the luminous and vital principle of our constitution, which enjoins that the will of the majority shall prevail. That they understand the indissoluble union between true liberty and regular government. That they feel their duties no less than they are watchful over their rights. That they will be as ready at all times to crush licentiousness as they have been to defeat usurpation. In a word, that they are capable of carrying into execution that noble plan of self-government which they have chosen as the guarantee of their own happiness, and the asylum for that of all from every clime who may wish to unite their destiny with ours.
These are the just inferences flowing from the promptitude with which the summons to the standard of the Laws has been obeyed; and from the sentiments which have been witnessed in every description of Citizens, in every quarter of the Union. The spectacle, therefore, when viewed in its true light, may well be affirmed to display in equal lustre the virtues of the American character, and the value of Republican Government. All must particularly acknowledge and applaud the patriotism of that portion of our Citizens, who have freely sacrificed everything, less dear than the love of their country to the meritorious task of defending its happiness.
In the part which you yourself have borne through this delicate and distressing period, we trace the additional proofs it has afforded of your solicitude for the public good. Your laudable and successful endeavors to render lenity in executing the laws conducive to their real energy, and to convert tumult into order, without the effusion of blood, form a particular title to the confidence and praise of your constituents. In all that may be found necessary, on our part, to complete this benevo- [406] lent purpose, and to secure the ministers and friends of the laws against the remains of danger, our due co-operation will be afforded.
The other subjects which you have recommended or communicated, and of which several are peculiarly interesting, will all receive the attention which they demand. We are deeply impressed with the importance of an effectual organization of the Militia.
We rejoice at the intelligence of the advance and success of the army under the command of General Wayne; whether we regard it as a proof of the perseverance, prowess and superiority of our Troops, or as a happy presage to our military operations against the hostile Indians, and as a probable prelude to the establishment of a lasting peace, upon terms of candour, equity and good neighborhood, we receive it with the greater pleasure, as it increases the probability of sooner restoring a part of the public resources to the desirable object of reducing the public debt.
We shall on this as on all occasions be disposed to adopt any measure which may advance the safety and prosperity of our country.
In nothing can we more cordially unite with you than in imploring the Supreme Ruler of Nations to multiply his blessings on the United States, to guard our free and happy Constitution against every machination and danger, and to make it the best source of public happiness by verifying its character of being the best safeguard of human rights.
REPLY OF PRESIDENT WASHINGTON.
GENTLEMEN:—I anticipated with confidence the concurrence of the House of Representatives in the regret produced by the insurrection. Every effort ought to be used to discountenance what has contributed to foment it; and thus discourage a repetition of like attempts. For notwithstanding the consolations which may be drawn from the issue of this event, it is far better that the artful approaches to such a situation of things should be checked by the vigilant and duly admonished patriotism of our fellow citizens, than that the evil should encrease until it becomes necessary to crush it by the strength of their arm.
I am happy that the part which I have myself borne on this occasion, receive the approbation of your House. For the discharge of a constitutional duty, it is a sufficient reward to me [407] to be assured that you will unite in consummating what remains to be done.
I feel, also, great satisfaction in learning that the other subjects which I have communicated, or recommended, will meet with due attention; that you are deeply impressed with the importance of an effectual organization of the Militia; and that the advance and success of the army under the command of General Wayne, is regarded by you, no less than myself, as a proof of the perseverance, prowess and superiority of our Troops.
G. WASHINGTON.
COL. EDWARD COOK TO THE PUBLIC.
December 2, 1794.
The following is a true copy of a certificate given me by the Chief Justice of the State of Pennsylvania.Pennsylvania, ss:
The underwritten, Chief Justice of the Supreme Court of the State of Pennsylvania, certifies, that Edward Cook, of the county of Fayette, in the said State of Pennsylvania, Esquire, hath this day before him personally appeared, and voluntarily entered into a recognizance to the United States of America, himself in three thousand dollars, and one good surety for one thousand five hundred dollars for his personal appearance before the Justices of the Supreme Court of the said United States, at the next special session of the Circuit court to be holden for the district of Pennsylvania, and then and there answering to such charges of treasonable and seditious practices and such other matters of misdemeanor as shall be alleged against him in behalf of the United States, and that he will not depart that court without license. The underwritten, further certifies, that the aforsaid recognizance was taken in the presence and with approbation of William Bradford, Esq., Attorney General of the said United States.Done at Philadelphia, the sixth of November, in the year one thousand seven hundred and ninety-four.
(Signed) THOMAS McKEAN.
To all whom it may concern:
The above is intended to show that the subscriber holds himself liable to answer any thing that may be alleged against him, notwithstanding the insinuations that may be to the contrary.EDWARD COOK.
[408] RESOLUTIONS OF THE NEW JERSEY LEGISLATURE.
NEW JERSEY HOUSE OF ASSEMBLY, Dec. 3, 1794.
Resolved, That the Legislature embrace the present occasion of expressing their approbation of the measures pursued by the President of the United States, for suppressing the insurrection in the four western counties of Pennsylvania, and with pleasure view his solicitude and care for a due execution of the laws and support of the constitution.Resolved, That the Legislature of this State entertain a high sense of the virtue, patriotism and alacrity of the commander-in-chief, in complying with the requisition of the President of the United States, for calling into service the militia of this State against the insurgents of the four western counties of Pennsylvania.
Resolved, That the patience and magnanimity with which the officers and privates of the militia of this State, who have marched under that requisition, have encountered the fatigues and difficulties of a long and arduous march, at so inclement a season of the year, justify the Legislature in declaring that they have deserved well of their country; and the Legislature felicitate themselves and their fellow citizens, that so direct and unconstitutional a violation and resistance of the laws of the United States, has been so completely discountenanced and defeated.
SECRETARY OF WAR TO GOVERNOR MIFFLIN.
DEPARTMENT OF WAR, December 5th, 1794.
SIR:—The President of the United States has instructed me to transmit to your Excellency the enclosed Resolve, containing the unanimous thanks of the House of Representatives to the Militia in actual service for the suppression of the late insurrection.
The President having personally been a witness to the military merits of the embodied Militia, experiences the highest gratification in communicating this honorable approbation, the most precious recompense that could be offered to enlightened freemen. It is his devout hope, that the Militia of the United States, may ever be found to be the faithful and invincible protectors and vindicators of the great principles of Law and Liberty.The citizens of America fixing in their minds as an indelible truth, that obedience to the laws, and the defence of their coun- [409] try, are sacred and indispensable duties, will render its freedom and happiness perpetual.
The President embraces cordially the present occasion, to tender your Excellency his sincere thanks for your zealous and powerful co-operation in the suppression of the late insurrection, as well for your exertions in calling out the Militia, as for your service in the field.
I have the honor to be,
With great respect,
Your Excellency's most obedient servant,
H. KNOX, Secretary of War.His Excellency Governor MIFFLIN.
RESOLVES OF CONGRESS.
CONGRESS OF THE UNITED STATES,
IN THE HOUSE OF REPRESENTATIVES,
THURSDAY, December 4, 1794.
Resolved unanimously, That the thanks of this House be given to the gallant officers and privates of the Militia of the States of New Jersey, Pennsylvania, Maryland and Virginia, who on the late call of the President, rallied round the standard of the laws, and in the prompt and severe service which they encountered, bore the most illustrious testimony to the value of the Constitution, and the blessings of internal peace and order: And that the President be requested to communicate the above vote of thanks in such manner as he may judge most acceptable to the patriotic citizens who are its objects.Attest: JOHN BECKLEY, Clerk.
True Copy from the Original on File in the War Office.
JOHN STAGG, Jun., Ch. Cl'k.ANNUAL ADDRESS OF THE GOVERNOR OF PENNSYLVANIA.
PHILADELPHIA. December 6, 1794.
Gentlemen of the Senate and Gentlemen of the House of Representatives:
It affords me the highest satisfaction to meet you under circumstances, which justify an assurance, that law, order and [410] tranquility have been restored in the Western Counties of the State. The crisis which occasioned the late extraordinary call of the Legislature; which menaced the reputation, as well as the peace of the community; and which imposed the necessity of resorting from the judicial to the military; has been resisted and overcome, in a manner equally honorable and efficacious. Such, indeed, have been the measures pursued and such have been their success, that the sensations of indignation and regret, which the insurrection originally excited in the mind of every virtuous Citizen, will be fairly exchanged for the sensations of an honest pride and a laudable exultation. That men should be so depraved as to swerve from the duty which they owe to society; or so ignorant as to abandon the interests which they derive from its protection, may be reckoned among the imperfections of our nature, and will be found among the sources of public calamity in every age and in every Country. But the example of an enlightened people, rising with zeal and affection to maintain the constitution which they had established with freedom and deliberation; of an insulted Government solicitous to reclaim rather than to punish its deluded or refractory Citizens; and of an extensive Republic possessing the power to enforce obedience to its laws, has for the first time been exhibited to the world, and forms the glorious characteristic of the American nation.At the opening of the last session, I communicated the circumstance of riot and outrage, which attended the insurrection, and the steps which had been taken on the part of the United States as well as of Pennsylvania, to rescue the offenders from their delusion by the influence of reason and truth; or in the event of an obstinate perseverance in a lawless course, to subdue and punish them. Actuated by passions the most intemperate, and seduced by hopes the most visionary, the insurgents slighted all the overtures of Government; falsely construing its benevolence into fear, and its aversion to the use of force, into the consciousness of a defect of power. The pleasing prospect, therefore, of reconciling them to their duty by amicable means, could no longer be indulged with safety or justice to the Union; and accordingly, the President directed the Militia destined for the suppression of the insurrection, to repair to the respective places of rendezvous. It will be remembered, Gentlemen, that often before this summons, I represented to the Legislature, the imperfect state of our Militia law and the embarrassments that were likely to occur in drafting and organizing any part of the Militia for actual service. The experiment proved the justice of my apprehensions. For, however, promptly the orders were issued, however explicit in their terms, to obtain a [411] full and immediate compliance with the President's requisition, doubts of success were suggested in almost every return which I received from the Brigade inspectors; and at length, it became manifest that neither the regard which I felt for the honor of the State, nor a personal solicitude to discharge my Federal obligations, could be gratified by an implicit reliance upon the ordinary process of the law. Under this impression I determined in the first place to invite a voluntary enrollment of the Citizens, (a measure which appeared in my judgment to be strictly conformable to the spirit of the provision that authorizes the drafted Militia to employ substitutes,) and the next place I determined to visit every county included in the requisition for the purpose of removing difficulties in the organization of the several quotas; of dispelling any dangerous prejudices that might exist by a faithful communication of the facts and principles connected with the expedition; and of stimulating the people to an exemplary exertion in support of that Constitution which every enlightened and honest man must contemplate as the palladium of American Liberty and the sanctuary of human happiness.
To the expedient of raising the quota of Pennsylvania by voluntary enrollments, the Legislature has already given a liberal and efficient sanction; but I feel myself unequal to the task of recommending with adequate energy to your grateful attention, the alacrity, spirit and perseverance of our fellow Citizens, in vindicating the violated authority of the laws. As soon as the situation of our Country was duly described and understood; the daring and cruel career of the malcontents; the subversion of the judicial authority; the failure of every conciliatory effort; and the resulting necessity of an appeal to arms; produced in perfect unison with my anticipations, one common sentiment of resentment, one common determination to defend the peace and order of society, against the machinations of licentiousness and anarchy. In this patriotic work the veterans who had achieved our Independence and established our Government, were associated with the virtuous youth of the rising Generation, who justly thought, that the best acknowledgement for the invaluable inheritance prepared for them must be to cherish and protect it. The rich and the poor were alike emulous to distinguish themselves; so that to the scene exhibited by their conduct, in which all the advantages of fortune were surrendered and forgotten, we are indebted for a practical illustration of the equal rights and equal obligations of the Citizens of the American Republic. The pride of opinion and even the acrimony of party, yielded likewise to the generous enthusiasm. Controversies relating to the impolicy of parti- [412] cular measures were no longer sustained; but every class and description of citizens impressed with this fundamental truth, that where there is no law there can be no liberty, with equal ardor and fidelity combined in the maintenance of the general cause. The same principles and the same practice were displayed by the Citizens of our Sister States, New Jersey, Maryland and Virginia. Advancing, indeed, under the President's requisition, to aid us in restoring the tranquility of Pennsylvania, they have added another important feature to the transaction, by evincing the reality and the energy of our political union, and by furnishing the most endearing proofs of a fraternal attachment, which disclaims all territorial boundary and distinction.
With an army thus constituted of Citizens, who cheerfully relinquished all the avocations, indulgences and emoluments of private life to affect the sovereignty of the laws, in a remote and rugged country, at an inclement season of the year, there should be no room for doubt or apprehension respecting the event. Yet that the triumph of order might also be the triumph of humanity, the number of the troops, with as much wisdom as benevolence, was made so great, (amounting to 15,000 men,) as to overawe, in the most desperate and rash, any disposition for hostility and resistance. The approach of this formidable force, accordingly, produced the meditated effects. The spirit and celerity with which it was collected, soon convinced the Insurgents, that they had nothing to hope from the inactivity nor from the countenance of any part of the community. The friends of Government, resuming their confidence in its power and disposition to protect them, became vigilant in counteracting the instruments of sedition and in disseminating a knowledge of the duties and interests of a free people. The desire of acquiring information was awakened amongst honest, though deluded men, by the universal abhorrence, which stigmatized the insurrection; and impending danger sunk into submission, those whom virtue had ceased to control, and truth was unable to convince. Thus without the effusion of blood, without an injury to private property, and without a violation of any personal right, has the object of Government been attained. The Courts of Justice being reinstated in their legitimate authority; the laws of the Union enjoying a free operation; the good Citizen reaping the reward of his services; and the delinquent incurring the punishment of his crimes. But amidst the many remarkable facts, which the history of this event must embrace, none can be more honorable, none will be deemed more pregnant with beneficial consequences, than those which afford an example of the strict subordination of the military to the civil power; and by proving the competency of our Militia [413] to enforce obedience to the laws, destroy every pretext for the introduction of a standing army.
But considering the various probable effects of the calamity which we deplore, the sources of consolation abundantly present themselves. It has been the aim of other Governments to derive from similar convulsions an accession of authority and strength; but the American Republic constituted and administered by the People, and invincible while employed in asserting their rights, disdains to seek either honor or power from an adventitious influence. The people made, and the people only can maintain it. This truth, applied particularly to our civil compact, contains, indeed, the vital principle of all republicanism; that principle which establishes an indissoluble union and correspondence of interests, feelings and actions between the Government and its Citizens; and which uniformly raised, and will, I am confident, forever raise the arm of an American Freeman to crush the sedition of domestic traitors, as well as to repel the invasion of a foreign foe.
Thus, placing the power and stability of our Government on a legitimate basis, the determination to support our Constitution and laws so forcibly expressed during the late crisis, cannot fail to elevate the federal character abroad and to improve the general happiness at home. From one view of this part of the subject however, I receive peculiar pleasure. We have witnessed the alacrity with which the call of the President was obeyed by men of every political sentiment; and we have heard the unanimous voice with which the lawless conduct of the Insurgents has been reprobated in every quarter of the Union; the same motives and the same end have been avowed and demonstrated by all. Shall we not, then, be permitted to hope that mutual confidence in matters of integrity, and mutual deference in matters of opinion, will hereafter extinguish those feuds and soften those asperities, which, in a degree greatly to be lamented, have often disturbed the harmony of social life, and have sometimes deranged the system of political operations? Let us, at least, Gentlemen, lend all of our aid to the accomplishment of so salutary an object. Let our advice and example diffuse among our fellow Citizens the principles of conciliation and affection towards each other, and towards the Governments which are entrusted with the superintendence and direction of their common interests.
While we review the circumstances which have attended the insurrection, in order to select the means of consolation, the wisdom of the Legislature will naturally combine with that pursuit an investigation of the most effectual measures to prevent the recurrence of a similar calamity. Allow me, therefore, [414] Gentlemen, to press upon your consideration, the constitutional injunction, "to provide by law as soon as conveniently maybe, for the establishment of Schools throughout the State in such manner that the poor may be taught gratis." I have on other occasions, indeed, observed, that to multiply, regulate and strengthen the sources of education is the duty, and must be the delight of every wise and virtuous Government; for, the experience of America has evinced that knowledge, while it makes us sensible of our rights as men, enforces our obligations as members of society. But on no occasion could the observation be more emphatically urged than the present; since I may confidently appeal to the conviction of every mind which has been employed in examining the origin and progress of the late disturbances, for an assurance that ignorance (whose natural concomitants are credulity and temerity) has been the principal cause of the deprecated mischief. Reflecting then, that a provision for the establishment of public schools was contained in the old constitution of the State; and that its insertion in the new Constitution shows the continued opinion of its policy; I trust I shall be excused after a lapse of near twenty years, in soliciting your immediate attention for this interesting branch of the Legislative trust. While your predecessors enjoy the reputation arising from an early and faithful payment of the State debts; from a judicious disposition of the public treasure and resources; and from an unexampled but successful amelioration of our penal code; may the theme of your praise flow from institutions that shall illuminate the minds of our fellow citizens, and establish science on a pure and permanent foundation!
In the course of the communications which I have heretofore addressed to the legislature, a variety of topics have been suggested that maybe thought still to merit a share in your deliberations. In general, I shall content myself with a bare reference to those communications; though I cannot omit the repetition of my anxiety for the organization of our Militia, upon a plan in its terms more perspicuous and in its operation more efficient than the present. The improvement, likewise, of our roads and rivers becomes daily more interesting, owing to the emigrations, which furnishes us with an almost daily increase of population. The situation of affairs during the late expedition, has considerably embarrassed the execution of my design to obtain a critical and general survey of the improvements, undertaken by the existing contracts; but as far as my information or observation will extend, there is ample encouragement to persevere in the beneficial policy, which actuated your predecessors on this subject.
[415] As the enlistments of the corps stationed at the Fort on Mud Island having expired; it will require legislative consideration, whether the same circumstances which originally led to that establishment, for preserving the peace and neutrality of the port, do not now require its continuance. The proper instructions have been issued for maintaining the garrison at Fort Le Boeuf; but it is probable that the temporary provision which Congress has made for keeping a military force in the Western counties, will supersede the necessity of your interposing at this time for the protection of our frontiers. Indeed, the recent victory obtained by the gallant army under the command of General Wayne, promises a speedy relief from every apprehension of savage depredation. As it seems already to have changed the arrogant and hostile tone of the Northern Indians, it can hardly fail to produce a disposition for peace among the western tribes, who have so severely felt the power and prowess of their enemy.THOMAS MIFFLIN.
GOVERNOR MIFFLIN TO GEN. HARMAR.
PHILADELPHIA, 10th December, 1794
SIR:—A resolve, expressing, in terms the most cordial, the unanimous thanks of the House of Representatives of Congress to the Militia in actual service for the suppression of the late Insurrection, has been communicated to me by the President in a manner which cannot fail to enhance the value of so honorable a testimonial. The House of Representatives of the General Assembly, have likewise declared in similar language, the high sense which they entertain of the ardor, magnanimity and perseverance of our fellow Citizens, upon an occasion so interesting to the reputation and tranquility of the State. You will be pleased immediately to transmit the several resolves relating to the subject and the letter from the war Department, (copies of which are for that purpose enclosed,) to the Major General and Brigadier Generals of the division of the Pennsylvania Militia employed on the Expedition; and you will instruct the Brigade Inspectors to pursue the most public, expeditious and effectual measures for making the same known to all the officers and privates of the quota taken from their respective Brigades. It is not in my power to add to the force of praise, thus spontaneously flowing from the highest sources of political authority; but as it would give me pain on any occasion to suppress a heartfelt acknowledgement of the patriotic service, upon which that praise is bestowed, let the tribute of my grateful thanks accom- [416] pany the communication of the present letter to our fellow citizens.I am, Sir,
Your Most Obedient Servant,
THOMAS MIFFLIN.To JOSIAH HARMAR, Esq., Adjutant General of the Militia of Penns'a.
RESOLVES OF THE PENN'A HOUSE OF REPRESENTATIVES.
COMMONWEALTH OF PENNSYLVANIA, IN THE HOUSE OF REPRESENTATIVES,
WEDNESDAY, December the 10th, 1794.
Resolved, That the thanks of this House be given, to the Officers and Privates of the Militia of this Commonwealth, who have been recently employed, in suppressing the Insurrection in the Western counties of the State, for their patriotic ardor in offering their services, and their magnanimity and perseverance in encountering and sustaining the hardships and privations of a military Life, for the purpose of supporting the Constitution and the Laws.Resolved, That the Governor be requested to convey to them the purport of the foregoing resolution in such a manner as shall appear to him to be the most likely to answer the intentions of this House.
GEORGE LATIMER, Speaker of the House of Representatives.
GOVERNOR MIFFLIN TO PRESIDENT WASHINGTON.
PHILADELPHIA, 10th December, 1794.
SIR:—The Secretary at war, in a letter of the fifth instant, transmitted to me a Resolve, containing the unanimous thanks of the House of Representatives to the Militia in actual service for the suppression of the late Insurrection; and stated at the same time your acknowledgments upon the subject.I have taken measures immediately to communicate this honorable testimonial to the officers and Privates of the Pennsylvania quota; but I cannot omit more particularly to express the high [417] satisfaction which I derive from the assurances that my conduct on the late interesting occasion has met with your approbation.
I am, with perfect respect, Sir, Your Excellency's
Most Obedient, Humble Servant,
THOMAS MIFFLIN.To the President of the United States.
RESOLVES OF THE SENATE OF PENNSYLVANIA.
IN SENATE,
SATURDAY, December 13th, 1794.
Resolved, That the thanks of the Senate be given to the officers and Privates of the Militia of this Commonwealth, who lately marched to vindicate the laws of their Country, for the zeal, firmness, ardor and obedience to law, which distinguished their conduct in the course of that service; and that they be informed that the Senate considers the patriotic ardor, combined with moderation, which they have displayed on this important occasion, as an evidence of the strongest nature of the security of the rights and stability of the laws and Government of the people of this State.Resolved, That the foregoing resolution be transmitted to the Governor and that he be requested to communicate the contents thereof to the Militia who have served in the late expedition.
WILLIAM BINGHAM,* Speaker of the Senate.
* WILLIAM BINGHAM was a native of Philadelphia, where he was born about 1750. He graduated at the college of Philadelphia at the age of eighteen. During the Revolution he was agent for the Colonies at Martinique. In 1786 he was a delegate to the Continental Congress from Pennsylvania, and from 1795 to 1801 U. S. Senator. He was a member of the State Senate in 1792-4 and Speaker of that body during the latter year. He was one of the wealthiest men in the Province, which gave him position and influence. He made several visits to Europe where he was courted by the aristocracy, two of his daughters marrying the Baring's. Mr. Bingham died while on a visit at Bath, England, February 6, 1804.
[418] ADDRESS OF THE SENATE OF PENN'A TO GOV. MIFFLIN.
SENATE, FRIDAY, December 14th, 1794.
SIR:—Contemplating the flourishing condition of Pennsylvania, we feel the liveliest gratitude for the benevolent dispensations of Providence, from which have flowed the accumulating blessings of her agriculture and commerce, and the encrease and happiness of her citizens. And viewing the order, the freedom and the equality which at this period prevail throughout the Union, we readily concur in the opinion, that the happiness of America, has been essentially promoted by the fame and operation of her political institutions.It is with great pleasure that we observe in the judicious and patriotic exertions of the executive magistrate, an incontrovertible proof of the sincerity of your wish to facilitate the labors of the Legislature and to perpetuate the happiness of our country. An equal solicitude for the public weal and a reciprocal regard for the ease and honor of your administration will, we trust, be manifest in all our proceedings. And while we take this opportunity of promising an early attention to the various objects which you have submitted to our consideration we confess, that ample encouragement is derived from their importance and utility to animate us to prosecute with zeal the task which the confidence of our fellow citizens has assigned to us.
Signed by order of the Senate.
SAMUEL POWELL, Speaker of the Senate.GEN. DANIEL MORGAN TO JUDGE ADDISON.
HEAD QUARTERS, December 15, 1794.
SIR:—I am at loss to know how to act with respect to the people charged with treasonable practices against the United States, who have come under my notice.Since Judge Peters left this country he wrote to me that they were to come under my notice. I will thank you to inform me in what way I am to act. The inclosed petition from Shields and Lapsley, with some depositions I think comes more under your notice than mine. A number of characters mentioned in [419] Governor Lee's proclamation have delivered themselves to me, who I have parolled at my own risk upon their giving me their words to come in whenever called on. If Shields and Lapsley had given themselves up to me, I should have used the same lenity with them, as I believe the people of this country wish to come to order and my intention is to encourage it as much as it lies in my power. Your immediate answer will particularly oblige,
Sir, your obedient servant,
DANIEL MORGAN.To Judge ADDISON, Washington.
GOVERNOR MIFFLIN TO GEN. HARMAR.
PHILADELPHIA, December 16th, 1794.
SIR:—The Senate of the General Assembly entertaining a high sense of the patriotic ardor, which combined with an exemplary moderation, has been displayed by the Army employed during the late expedition in vindicating the laws of our Country, have requested me to communicate their thanks to the Officers and Privates of the Militia forming the quota of this Commonwealth upon that important occasion.You will be pleased, therefore, to transmit copies of the Resolution, of the Senate to the Major General and Brigadier Generals of the Division of the Pennsylvania Militia employed on the expedition; and you will instruct the Brigade Inspectors to pursue the most public, expeditious and effectual measures for making the same known to all the Officers and Privates of the quota taken from their respective Brigades.
I am, Sir,
Your Most Obed. Servant,
THOMAS MIFFLIN.
To JOSIAH HARMAR, Esq., Adjutant General of the Militia of Pennsylvania.GOVERNOR LEE, OF VIRGINIA, TO GOVERNOR MIFFLIN.
HEAD QUARTERS, WINCHESTER, December 17th, 1794.
SIR:—I have the pleasure to transmit to you a copy of the resolution of the house of Representatives, expressive of their [420] sense of the merit of the officers and soldiers composing the army lately under my command, together with an extract of the letter from the Secretary of War enclosing the same.Feeling, as I always shall do, the most lively interest in every occurrence which concerns my late faithful companions in arms, I enjoy vast satisfaction in presenting these honorable recognitions of their worth and patriotism.
To you, Sir, I beg leave to assign the very agreeable task of promulgating them to the troops, which, under your Excellency's orders, formed a part of the late army, and request you will be so good at the same time, to present my congratulations with my best wishes for their health, honor and prosperity.
I have the honor to be,
Your ob't humble serv't,
HENRY LEE.Governor MIFFLIN.
[For Letters see pages 408, 409.]DISTRICT ATTORNEY RAWLE TO JUDGE ADDISON.
PHILADELPHIA, December 24, 1794.
DEAR SIR:—I have just now the pleasure of receiving yours of the 5th inst. Agreeably to your request, I proceed to make as full a statement of the reasons for excepting the persons specified in the proclamation as the present opportunity will admit.The offenses of B. Parkinson,* John Holcroft,* Daniel Hamilton* and David Bradford, are too generally known to require a particular enumeration. Arthur Gardner,* one of those who, on the 4th of July, at the meeting of Colonel Hamilton's battalion, agreed to oppose excise law by arms, etc.; met at Couch's; united in the attack on Gen. Neville's; issued orders for the meeting at Braddock's Field; of assisting at Catfish, the 14th of August, in raising liberty pole. Thomas Lapsley, active at Neville's. William Miller, active at Neville's and opposed to signing the paper; very contemptuous of the laws and processes of the United States.
Edward Wright, at Neville's; at Braddock's Field; opposed to signing submission.
Richard Holcroft set Neville's house on fire; active and acrimonious at Braddock's Field.
John Mitchell,* at Neville's, and robbed the mails.
[421] Alexander Fulton, at Neville's; privy to robbing the mail; signed circular letter to convene the meeting at Braddock's Field.
Thomas Spiers, same as Fulton, except being at Neville's.
William Bradford, robbing the mail.
George Parker,* at Couch's fort, Neville's, Braddock's, and Militia meeting, July 4, at Col. John Hamilton's.
William Hanna, atrocious conduct at Neville's house; shot at General Neville.
Edward Wagner, at Neville's, and menaces against those who signed the paper.
Thomas Hughes, one of the men with blackened faces who attacked Faulkner, etc.
John Shields, a principal in the affair at Neville's.
William Hay, went to Couch's and thence to Neville's and menaced one man if he would not go; also at Braddock's.
William M'Ilhenny, at Neville's.
Thomas Patton* is, I fear, a mistake either of the clerk or the press, at least I do not at present recollect nor can I lay my hands on the papers relative to such a person.
Patrick Jack,* S. Jack and A. Highlands concerned in the outrage on Regan and the destruction of Wells.
(Those marked with a * delivered themselves to General Morgan under the direction of Judge Peters.)
The others are the three fugitives already examined by Judge Peters and ordered for trial, and the Virginians who will probably be apprehended in the State where they reside.
The youth of George Parker was not known when his name was inserted. In respect to these submissions it is understood not to avail those who fly from home. It cannot be a bona fide submission in such cases. This also applies to Shields and Lapsley, yet it is open to them all to explain the reasons of their absence; if proved to be of a justifiable nature, their right to present immunity will be restored.I am with sincere respect, yours, etc.,
W. RAWLE.To the Hon. A. ADDISON.
COL. ALEXANDER RUSSELL TO GOVERNOR MIFFLIN.
YORK, December 29th, 1794.
RESPECTED SIR:—I take the liberty of troubling your Excellency once more on the subject of Militia Law; & 1st by way of information,—Immediately after the Troops Marched on the [422] Western Expedition I held the Appeals, &, according to my construction of the Law, Levied a whole fine (£9) or no fine, without, respect to Circumstances, admitting no excuse but inability of body or absence from the Brigade. I have as yet Deferred the Collection for the following reasons, viz: I have been informed that in some of the Neighbouring Counties a different construction of the law has obtained, and the fines have been varied, more or less according to the circumstances of the Delinquent; now I think uniformity ought to pervade the several Counties, & would wish to know whether my Construction has been right or wrong. Also, I have fined Minors (amongst which are apprentices) exempted from Militia duty except in cases of Rebellion, &ca. I would wish to know how these are to be collected and whether the Parents & Guardians or Masters can be compelled to pay? Another reason I would beg leave to mention is, that many are fined who are not worth so much in the world, & to take what little they have would Occasion great distress, &ca.On these points I request your direction as soon as possible, & what conduct has taken place in the Lower Counties; an Immediate collection in this County being necessary to quiet the minds of those who bravely Obeyed their Call, & Indeed it will be in vain ever to make another legal call of Militia in this County unless the fines are collected from Delinquents. I must farther request your direction respecting the Muster days. In this County the Militia very generally Mustered, notwithstanding every man is finable for want of Arms & Equipments.
Shall I collect from the whole or only from the Absentees?
I have the honor to be, Sir,
Your Excellency's Most Obedient &
very Humble Servant.
A. RUSSELL, Brigade Inspect'r of the Militia of York County.His Excellency THOMAS MIFFLIN, Governor, &c.
SECRETARY DALLAS TO EDMUND RANDOLPH, SECRETARY OF STATE.
SECRETARY'S OFFICE, PHILADELPHIA, 3rd January, 1795.
SIR:—The House of Representatives has called for all communications from the General Government relative to the rise and progress of the late Insurrection. You will remember your promise to send me copies of those Letters from the commissioners of the United States, which, for the sake of an expedi- [423] tious communication, you only read to the Governor, &c. The circumstances of the times having, probably, prevented an attention to the subject, permit me to remind you of it, and to request that you will be so good as to forward them with all convenient dispatch.With sincere respect and esteem, I am, Sir,
Your Most Obed. Hble. Serv.,
A. J. DALLAS, Secretary.To Edmund Randolph, Esq., Secretary of State of the United States.
OPINION OF ATTORNEY GENERAL INGERSOLL* ON THE MILITIA LAW.
SATURDAY, January 10th, 1795.
DEAR SIR:—In answer to the questions proposed by Major Ker, I beg leave to make the following observations:1st. I do not consider the word Citizen, in the first section of the Militia law, as used by the Legislature in its legal and constitutional sense, but every person who has a permanent residence here (Ambassadors, Members and Officers of Congress and those expressly exempted by law only are excepted) are liable to be called upon to do Militia duty.
2nd. Inspectors of the Customs are undoubtedly comprehended in the second section of the act of Congress of the eighth of May, one thousand seven hundred and ninety-two, which exempts Custom House Officers from Militia duty.
* JARED INGERSOLL was a native of Connecticut, born in 1749. He graduated at Yale College, 1766. His father having been appointed stamp-master general for New England, in 1765, was compelled to resign, and in 1770 was appointed admiralty judge for Pennsylvania. The son went to London, entered the Middle Temple and studied law five years. Though residing in London, he espoused the cause of the colonies in the Revolution, and returned to Philadelphia. He was a member of the old Congress of 1780-1; a representative in the U. S. constitutional convention in 1787; attorney general of Pennsylvania during Governor Mifflin's administration, and U. S. district attorney for Pennsylvania. He received and declined the appointment of chief justice of the U. S. In 1812 he was the Federal candidate for vice-president. He was president judge of the district court of Philadelphia at the time of his death, which occurred in that city, October 31, 1822. He was the author of a pamphlet on the " Stamp act," 1766.
[424] 3rd. The last call does embrace minors and servants purchased bona-fide.
4th. As the last call was for a tour of duty but not time specified, the law ascertains it to have been for two months.
5th. The Courts of appeal are to hear and redress any grievances without being restricted to the instances of inability of body and unavoidable absence, otherwise, one part of the twenty-second section would be inconsistent with the other.
The proceedings must be the same against Minors and Servants who are fined as against others.
When the Militia are called to perform a tour of duty and notified by the inspector in the usual way, the fine for not performing a tour of duty is at the rate of twelve dollars per month, but if the Governor in case of Rebellion or Invasion call the Militia into immediate and actual service, the fine is sixteen dollars per month for such offence; how the fact was in this particular at the last call, the Secretary of the Commonwealth can best inform.
I do not recollect that I have given any opinion what fine is to be imposed where the duty called for is but for one day.
It is not the time the Militia served, but the time for which they are called out that regulates the fine.
I know nothing of the law of the United States which is said to specify that when the Militia are called on service by the United States, they are four months, but in the present instance I am clearly of opinion they can be fined for a neglect of performing a tour of duty of two months only.
By permanent residence, in my answer to the first question, I mean the residence of persons who are settled here, in exclusion of those who merely sojourn with an intention to depart.
I am, D'r Sir, yours,
JARED INGERSOLL.ALEXANDER J. DALLAS, Esqr., Secretary of the Commonwealth of Pennsylvania.
CIRCULAR LETTER OF SECRETARY DALLAS.
January 10th, 1795.
The call for suppressing the late insurrection was made under the seventeenth section of the Militia Act, and, therefore, in conformity to the Attorney General's opinion the fine on delinquents is Sixteen Dollars.
[425] The insurrection act does not alter the General Militia Law, relative to the period for which the drafted Militia should serve, and, of course, it is only for two months.A. J. DALLAS, Secretary of the Commonwealth.
REPORT OF SECRETARY DALLAS RELATIVE TO WANT OF PROMPTNESS OF THE MILITIA.
FRIDAY, January 16th, 1795.
The Secretary of the Commonwealth, in compliance with the request of the Committee of the General Assembly, appointed to enquire into the causes of the Militia not turning out promptly on the late requisition of the President of the United States, to suppress an Insurrection in the Western Counties of Pennsylvania, and by direction of the Governor, this day made the following Report, viz:In the compliance with the request of the Committee, "appointed to enquire into the causes of the Militia not turning out promptly on the late requisition of the President of the United States, to suppress an Insurrection in the Western Counties of this State," the Secretary of the Commonwealth has the honor to furnish copies of all official papers and documents, relative to the expedition, and in explanation thereof, he respectfully reports:
That from time to time as the intelligence of the rise and progress of the riots in the County of Allegheny was received, the subject was contemplated by the Governor, in all the aspects which its nature and importance could present:
1st. He viewed it as immediately requiring the animadversion of the Judicial power.
2nd. As affecting the rights and jurisdiction of the Federal Government.
3rd. As claiming a prudent interposition of the Executive Authority for averting the evils of a civil war.
4th. As involving the interesting questions, whether our existing Militia System was competent to enforce obedience to the laws.
And 5th. As eventually creating a necessity for the personal exertions of the Executive Magistrate lest the Commonwealth should suffer an irreparable injury.
I. That, accordingly, to stimulate the public officers to an exemplary discharge of their duty, the Governor directed a cir- [426] cular letter dated the twenty-fifth day of July, one thousand seven hundred and ninety-four, (the day succeeding the receipt of the intelligence of the Riots,) to be addressed to the President and Judges of the Courts of Common Pleas, to every Justice of the Peace, to all the Sheriffs and to each Brigade Inspector of the four Western Counties. This letter (A, 1) having stated the daring and cruel outrage that had been committed in the County of Allegheny by a lawless body of armed men, "requests in the most earnest manner, that those to whom it was addressed, would exert all their influence and authority to suppress within their jurisdiction so pernicious and unwarrantable a spirit; that they would ascertain, with all possible dispatch, the circumstances of the offence, and that they would pursue with the utmost vigilance, the lawful steps for bringing the offenders to Justice." It declared that "every honest Citizen must feel himself personally mortified at the conduct of the Rioters, which, particularly, if it passed with impunity, was calculated to fix an indelible stigma on the honor and reputation of the State," and it assured all the public officers of the Governor's warmest support and approbation, in the prosecution of every lawful measure, which their better knowledge of the facts and other local circumstances might suggest on the occasion.
Presuming, from the state of intelligence at that time, that a draft from the Militia might readily be made, and would be sufficient to overawe the riotous disposition of the Malcontents in pursuance of the Governor's instructions, a letter of the same date was also written to Major General Gibson (A, 2] declaring a disposition "to employ all the energy of the Government, to bring the offenders to an early exemplary justice," and intimating that "if the civil authority can be supported by the assistance of the Militia, the exercise of General Gibson's discretion for that purpose, upon the request of the Magistrates, must be highly agreeable to the Governor." The Attorney General was likewise desired "to ascertain with legal formality, the circumstances of the offence and the names of the offenders, as the Governor would be anxious to enforce every instrument that could be employed effectually, to subdue the lawless spirit of the rioters, and to bring them to punishment," (A, 3.)
II. That the riots committed in the course of a lawless opposition to execution of certain acts of Congress, were not only deemed offences against the State, but also against the Union. Hence, a conference between the President and the Governor was thought advisable; in order to avoid a collision of jurisdiction, and to settle the general principles and form of proceeding, as far as the State was concerned.
[427] That conference gave rise to the correspondence, which was laid before the Legislature at the opening of the last session, (B, 1, 2, 3, 4,) and from which it appears, that the Governor's conduct was influenced by the following considerations:
1st. In regard to his character as an Executive Magistrate, no positive law existed under the authority of the State defining the exigency, that would justify an appeal from the judicial to the military power, or regulating and prescribing the evidence that should prove the occurrence of that exigency. Whatever, therefore, might eventually be the obligation resulting from the Constitutional injunction, to "take care that the laws be faithfully executed," it was thought that not only the non-execution of the laws and the incompetency of the courts of justice to punish offenders, should first be authoritatively declared by the judicial magistrates, but that the act of interposing the aid of military power, should likewise be founded upon their requisition. At the time of the conference alluded to the judicial magistrates of Pennsylvania, had not made any such authoritative declaration and requisition. The Governor, therefore, did not then think it justifiable, upon principle, to sanction the interposition of the Militia in any other manner than that suggested in the above mentioned letter to General Gibson; and a variety of arguments in point of policy and conveniency occurred to fortify his opinion.
But the determination of the General Government to pursue the most vigourous measures for suppressing the insurrection and punishing the insurgents, seemed to preclude the State Government from any choice upon the subject. The Constitution of the United States imposes upon the President (as the Constitution of the State imposes on the Governor) the same general trust, to "take care that the laws be faithfully executed," and an act of Congress had defined the exigency, that would justify an appeal from the judicial to the Military power of the Union, as well as the evidence to prove the occurrence of that exigency. When, therefore, a judicial magistrate of the General Government had declared the incompetency of the officers of Justice, to execute the laws, and the President had declared his determination to enforce obedience by the aid of the Military power, it was thought that the Governor, paying a reasonable attention to a systematic and an efficient course of proceeding, ought to forbear issuing any order for an immediate, a separate, and an unconnected call of the Militia. But, 2nd. In regard to his character as an officer, responsible in certain i cases to the Federal Government, it was observed, that all the purposes of dispatch and energy would as readily be attained by obeying the call of the President, as by acting upon the [428 ] Governor's original authority. Hence, a full and unequivocal assurance was given, that whatever requisition the President might make, whatever duty he might impose, in pursuance of his constitutional and legal powers, would, on the part of the Governor, be promptly undertaken and faithfully discharged.
III. That, with view to the reputation and stability of the Republican System, as well as from the actual state of our foreign and domestic affairs, it was thought expedient, not only to try the full effect of Judicial animadversion, but, likewise, to make a solemn and liberal appeal to the good sense and virtue of the people before the hazard of a civil war should be encountered on the part of the State, therefore, (And a similar measure was adopted on the part of the General Government) Commissioners were appointed for the purpose of addressing the inhabitants in General of the Western Counties, and especially those who had been engaged in the Riots, upon the lawless nature and dangerous tendency of such proceedings. (C, 1) The Commissioners were instructed particularly,"to exert themselves in developing the folly of a riotous opposition to those Governments and laws, which were made by the spontaneous authority of the people and which by the same legitimate authority may, in a peaceable and orderly course be amended or repealed; in explaining how incompatible it is with the principles of a Republican Government, how dangerous it is of point of precedent that a minority should attempt to control the majority, or a part undertake to prescribe to the whole in demonstrating the painful but indispensable obligation imposed upon the officers of Government, to employ the public force for the purpose of subduing and punishing the offenders; and in exhorting the deluded rioters to return to that duty, a longer deviation from which must be destructive of their happiness as well as injurious to the reputation and prosperity of their Country." The Commissioners were earnestly requested to promote the views of the general government on the same occasion; and, should their exertions produce a satisfactory assurance of future submission to the laws, they were authorized, as far as the State of Pennsylvania was concerned, to promise An Act of Pardon and oblivion for the past. To obtain, likewise the aid of Legislative wisdom and authority on this emergency, as well for devising the means of conciliation as for strengthening the last resort, the instruments of coercion, the Governor summoned an extraordinary meeting of the General Assembly.
IV. That as the accounts from the scene of Insurrection soon evinced the incompetency of the judicial power to execute its functions, and it was necessary to prepare, at all events, to maintain the authority of Government, the President, while the [429] Commissioners were employed in their pacific mission, issued his requisition, dated the seventh, but received on the eighth of August, one thousand seven hundred and ninety-lour (D, 1) "for organizing and holding in readiness to march at a moment's warning, a corps of the Militia of Pennsylvania, amounting to Five thousand two hundred commissioned officers, non-commissioned officers and privates. Accordingly, on the eighth of August, as soon as the plan for organizing the corps could be formed the Governor in conformity to the mode prescribed by law, transmitted his general order to the Adjutant General (D, 2) for calling into actual service, and holding in readiness to march at a moment's warning, the part of the Militia specified in the Roll which designated the quota of the several counties, by the classes most convenient to the Citizens and best adapted to a prompt compliance with the President's requisition; the part so called "not exceeding four classes of the respective Brigades," agreeably to the restrictions contained in the seventeenth section of the Militia act. These General Orders were immediately transmitted by express to the respective Brigade Inspectors, (D, 3.) The period limited by the President's proclamation for the dispersion of the Insurgents, expired on the first of September. The Governor repeatedly expressed the greatest solicitude, that the corps thus directed and organized, should be in readiness to march on that day; and in pursuance of his instructions, the Adjutant General addresed another circular letter to the Brigade Inspectors, dated the twenty-seventh day of August (D, 4), in which they were intreated to make an immediate report of the progress that had been in executing the preceding General Orders. This opportunity was likewise taken to convey the Governor's Ideas of the importance of the service to the Brigade Inspectors and the Militia in General; for it was represented to them that the eyes of their fellow Citizens throughout the Union as well as in Pennsylvania were fixed upon their conduct; that they most be sensible Therefore, that the slightest appearance of a want of zeal or energy to embark in the support of the violated authority of the laws, would produce that reproach and disgrace, which it was the duty of the public officers if possible to prevent, and which it would be their misfortune more than any other part of the Community to encounter; and that the occasion was interesting to every man, who felt his obligations to society and was desirous to preserve from the fury of anarchy as well as from the encroachments of despotism the independence of a Freeman. The first of September having arrived, the recent intelligence from the Commissioners placed the success of conciliatory measures in a very doubtful point of view. The want of information respecting the progress which had been made in pre- [430] paring the Militia to march, became, therefore, more and more painful; and the receipts of the following returns seemed to extinguish every hope of seasonably complying with the President's Requisition by means of the ordinary process of law. (D, 5, 6, 7, 8, 9, 10, 11, 12.)
1st. The Inspector of the City of Philadelphia Brigade, almost daily called at the Secretary's Office with representations of the embarrassment which he experienced in complying with the Requisition; and repeatedly expressed his doubt of success, in consequence of the defects in the existing Militia law.
2nd. A return was received from the County of Philadelphia, dated the twenty-ninth day of August, one thousand seven hundred and ninety-four, stating inconveniences in complying with the Requisition on account of the effects of the exoneration laws formerly past, and a general disapprobation of the Militia law, and concluding with a declaration that, there is "very little prospect of commanding the quota of the County."
3rd. A return was received from the County of Bucks, dated the fifth of September, one thousand seven hundred and ninety-four, Stating that the pay of the Militia is so universally objected to, that there is no hope of completing the quota of the County upon the present terms of service. This County did not send its quota into the field.
4th. A return was received from the County of Montgomery, dated the Third of September, one thousand seven hundred and of ninety-four, stating that agreeably to the orders of the eighth August, one thousand seven hundred and ninety-four, for drafting three hundred and thirty-two Militia. Officers included, the said corps is held in readiness to march at a moment's warning. The first part of this return, however, states such difficulties as greatly diminish the probability of success of obtaining an actual organization of the Corps, nor did this county send its quota into the field.
5th. A return was received from the County of Chester, dated the twenty-eighth of August, 1794, stating that some officers had actually resigned and others wish to resign, and concluding with this remark. "The west and north-west parts of this County seem to dislike the service they are now ordered upon; and a great number in the other quarters are people who, as they say, are principled against taking up arms on any occasion, so that I believe unless the laws are rigorously executed it will be with great difficulty I shall make up our quota; but be assured no exertions shall be wanting, &c.
6th. A return was received from the County of Delaware, dated the sixth day of September, one thousand seven hundred [431] and ninety-four, stating a variety of difficulties that left little hope of procuring by regular drafts, the quota of this County.
7th. A return was received from the County of Dauphin, dated the twenty-ninth of August, 1794, stating that drafts had been made and orders given to hold the quota of this County in readiness to march; but concluding with this remark, "according to the information I have received from the several parts of the County, it appears that the Militia are not willing to march to quell the insurrection in the Western parts of Pennsylvania. They say that they are ready to march according to the former orders against a, foreign enemy, but not against the Citizens of their own State; so that from circumstances, I have great reason to believe they will not turn out on the last call."
8th. A return was received from York County, dated the sixth of September, 1794, stating that "too great a delay has taken place in drafting the quota of Militia required by the orders of the eighth of August last, not so much from backwardness in the Militia of this County to step forward on the present important occasion, as from the unprepared state of the Brigade Inspector to make a draft, through the former negligence, or non-compliance of some Regiments with the Militia Law, particularly with respect to classing the men." The Brigade Inspector adds, that he expects the required quota to be in readiness in the course of the ensuing week; but concludes his report with a declaration, that the law as it stands, he is sorry to say holds forth no encouragement, but rather appears calculated to have a contrary tendency.
9th. A return received from Franklin county, dated the fourth of September, 1794, stating that notwithstanding the urgent measures taken to draft and organize the quota of this County, "Seven Captains have made no returns and the number returned who are willing to hold themselves in readiness to march, does not amount to more than twenty-nine Privates, and they without arms and equipments, &c." The Brigade Inspector concludes his report with a declaration, that he has reason to believe that few of those who are returned as holding themselves in readiness to march, will march when the orders are given.
10th. A return was received from Northampton County, dated the fourteenth of September, 1794, stating that all the attempts to have the quota of this County completed, had proved unsuccessful. The Brigade Inspector observes "that until now he has not been able to procure particular returns, of which the enclosed general return, though a incomplete one is composed, and he is apprehensive, that even those men in the same, except the volunteers (of which denomination the men in the fifth Regiment chiefly consist) will not march, with a view to shew the dispo- [432] sition of the people of Northampton County generally. The Brigade Inspector annexed to his report the copy of a letter from the Lieutenant Colonel of the first Regiment, and asserts "that the same spirit prevails in almost every Regiment," consequently under the present Militia system, he fears, the quota of his Brigade will not be compleated.
The letter referred to contains the following language, "I have received in writing of some of the Captains and others by word, on the fifth of September, 1794, who inform me that the first class of all and every company were met on purpose to turn out and to do militia duty, but as the matter is they are called to fight against their own fellow subjects and brethren at Fort Pitt, on account of the excise law, which people in that part are very much against, and will not submit to be under the same, which makes much disturbance and disunion in our United States, they are not willing to turn out, But whenever called upon to fight against the enemy or others, whatever, they are willing to do duty as then the matter may require." This County did not send its quota into the field.
V. That the intelligence which was received from the Commissioners, continuing to render the success of Government without the use of coercive measures more and more doubtful, the season for military operations passing rapidly away, and an ultimate requisition for the march of the militia being hourly expected, the Governor did not hesitate to conclude, from the documents above stated, as well as from other general sources of information, that a strict adherence to the forms of the existing militia system, would not enable him to furnish that prompt and efficient aid to enforce obedience to the laws which he conceived all the principles of duty, policy, and honor claimed from the Government of Pennsylvania. It would not, indeed, have been consistent with his ideas of his Executive authority, with his official character or perhaps with his personal security, to deviate from those forms, until their inefficacy was fairly ascertained; but after the experiment was made he thought himself justifiable in resorting to any means within the spirit of the law least the Commonwealth should Suffer an irreparable injury. Considering, therefore, that the nineteenth section of the militia act declares that "it shall be lawful for any person called to do a tour to find a sufficient substitute," the Governor determined on the spirit of that provision, to invite the Citizens to supply that deficiency in the regular drafts, by a voluntary enrollment as substitutes. Accordingly he successively convened the officers of the militia of the City of Philadelphia and the several counties, and publicly addressed them on the state of the insurrection and the necessity of an immediate patriotic exertion.
[433] (E, 1.) The determination to pursue this measure was communicated to the General Assembly, in the Governor's message of the second of September. (F, 1,) And it received a legislative sanction by the act that was passed on the nineteenth of the same month. (G, 1.) The necessity of undertaking it, appeared, not only from the general state of the militia under the Requisition to prepare for marching, but from the urgent terms of the call for the immediate march of the Troops. On the ninth of September, that call was communicated to the Governor.(H, 1.) It stated "that the last intelligence from the Western Counties leaves the issue of measures for an amicable accommodation so very doubtful, and the season for military operation is wearing away so fast, that the President with great reluctance finds himself under the necessity of putting in motion without further delay all the Militia which had been called for. It requested that the Governor would immediately cause the quota of this State to assemble, and it concluded with declaring that the President in making this final call entertains a full confidence that Pennsylvania will, upon an occasion which so immediately affects herself as well as the general interests, display such zeal and energy, that shall maintain unsullied her character for discernment, love of order, and true patriotism; and that the part she shall act is of peculiar consequence to the welfare and reputation of the whole Union." On the sixteenth day of September another letter was transmitted from the War department, representing that "every moment brings fresh proofs of a spirit extensively disseminated fatal to the principles of good order; that disagreeable symptoms had appeared in the two most Western Counties of Maryland, &ca., that every thing was done to push forward the Jersey Militia, &ca. That it is of the highest moment that the spreadings of so mischievous a spirit should be checked by every practicable effort; and that the President is convinced, that the Governor will omit nothing that can contribute to this desirable end." The next day brought a repetition of the solicitude of the General Government for the march of the Troops. The letter states that it becomes every moment more and more urgent, that the junction between the Pennsylvania and Maryland Militia at Carlisle, should be accelerated, and to this end that the Corps should march successively as fast as they can be made ready; that Governor Howell, of New Jersey was in motion with the van of the militia of that State; that if the Cavalry and Infantry of Philadelphia could be hastened onward, it would be particularly desirable; and that the Artillery Corps should be taken under their care,—all the pieces of Artillery were ready.
[434] On the twentieth of September, the result of the meetings of the People in the Western Counties, as far as the thirteenth, to give the stipulated test of their submission to the Government, was announced to the Governor in a letter from the War Department, according to which it was become the more indispensable and urgent, to press forward the forces destined against the Insurgents, with all possible activity and energy, for the advanced season left no time to spare; it was extremely important to afford speedy protection to the well disposed, and to prevent the preparation and accumulation of greater means of resistance, and the extension of combinations to aid the Insurrection.It is proper here to recollect, that while these interesting and urgent communications were received from the General Government, the reports of the Brigade Inspectors (dated nearly at the same period) were calculated to excite the most painful apprehensions of disappointment and defeat, in every attempt to embody our quota of the Militia. Under such inauspicious circumstances, therefore, the Governor commenced his tour through the Counties, but the scene quickly changed. For according to the representation contained in the last address to the Legislature, as soon as the situation of our Country was truly described and understood, the daring and cruel career of the malcontents, the subversion of the judicial authority, the failure of every conciliatory effort, and the resulting necessity of an appeal to arms, produced, in perfect unison with the Governor's anticipations, one common sentiment of resentment, one common determination to defend the peace and order of society against the machinations of lincentiousness and anarchy. Still, however, the critical season of the year with respect to commercial and agricultural pursuits, and the limited period for assembling the Troops, made it impracticable to complete the quota of the State, a circumstance which adds to the proofs that demonstrate the necessity of the Governor's personal exertions. The number of Pennsylvania Militia that served during the Campaign, will appear from the following table taken from the pay-rolls of their respective Corps; which however, can be only regarded as giving a general Idea of the subject and not a strictly accurate, either in respect of the number of officers and Privates.
