History: PA Archives: Second Series, Vol. 4: Part 5. PAPERS RELATING TO THE WHISKEY REBELLION/WHISKEY INSURECTION, 1794.
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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, 1890.
(Continuation)
Short bio: Jonathan Williams
SECRETARY DALLAS TO GEN. WM. IRVINE.
SECRETARY'S OFFICE,
PHILADELPHIA, 30th Aug., 1794.
D'R SIR:--The Governor has received your report of the 22nd
instant, and for the relief of the public anxiety, has directed
a part of it to be published. He directs me to signify to you,
and the chief justice, his best thanks for the progress you have
made in executing your disagreeable and difficult task. The
prospect of success, however, will ensure to you the noblest
reward, the gratitude of your fellow citizens. There are some
malevolent spirits that would rather have the matter terminated
by a display of Governmental power than by an honorable, though
amicable, arrangement, but in general the steps that have been
taken are highly satisfactory to the people.
I have not time to write to the chief Justice, but I will thank
you to communicate this letter to him
With sincere esteem, I am, D'r Sir,
Your Most obed. Serv.,
A. J. DALLAS, Secretary.
To Gen'l WM. IRVINE.
GEN. WILKINS TO GEN. WILLIAM IRVINE.
PITTSBURGH, 31st Aug't, 1794.
DEAR SIR:--I rec'd yours by to-day's post. I have seen by the
paper a great many tickets published, and among others the one
you mentioned from Montgomery county, which is a mighty
ridiculous one.
The excise conference was held at the time appointed, they did
but little. In Pittsburgh, people would not join the meeting,
and they broke up highly disgusted with us. They passed some
resolves, the principal one was directed against the excise
officers. They resolve for themselves, and recommend it to the
people to hold no kind of communication, nor have any con- [196]
nexion with the persons holding any office under that law. They
have appointed a committee to meet in Washington, to form a
remonstrance to Congress next session. If the Secretary of the
Treasury would pursue the plan he had in contemplation last
year, that of supplying the army by means of a commissary, I
would pledge my head on the success of collecting the excise. I
am confident I could then lay down a mode in which there need be
no change in the law, and yet they would be obliged to pay
without any considerable difficulty.
They have frightened Gen. Neville lately very much at
Washington; he had advertised his office in that town, and was
to attend on certain days. On the day he was to come the road
was waylaid by a number of armed men disguised; he heard of it
and did not go, and a day or two ago these men came to the town
of Washington disguised as before, broke into the place where
the office of inspection was kept, and made search for him in
expectation of finding him there. It is hard to tell the lengths
they might have gone had they found him.
There has been nothing done as yet about the election in this
district, nor will there I think be anything considerable tried
in it untill shortly before the election. Findley will run
generally in this district, and I think you will be next to him.
Woods, Scott and Smilie will all have their partizans, and
consequently neither of them will run very high. The excise
conference attempted nothing on the election. There had been so
much said that the meeting was for that purpose, that they never
mentioned it.
Am your friend.
And Hum. Ser't,
JNO. WILKINS, JR.
General WILLIAM IRVINE.
GENERAL ORDERS OF GOVERNOR HOWELL OF NEW JERSEY.
TRENTON, 1st Sept., 1794.
By the command of the President of the United States the troops
in requisition from the State of New Jersey, which were detailed
from Maj. G. Dayton's command, & from the cavalry and artillery
of this State, by orders of the 23d of August last are to
rendezvous at Trenton, where they will be provided with
everything necessary for the expedition, and wait further
orders. Dispositions have been made by order of the national
executive for the supply of provisions, forage, fuel and
transportation to [197] the general rendezvous at Trenton, where
they will be met with tents and camp equipage necessary for
their march. The troops from the 2d division will take up their
line of march by the most direct route to New Brunswick, where
they will apply to Mr. John Bray for provisions and forage, and
those of the 3d, 4th and 1st divisions to Trenton, to which
place the troops of the 2d will also proceed. The stipulated
price of rations will be allowed from the time of march till
their assembling at Trenton, to such as may not draw from the
public stores, and chuse to furnish themselves, but if
intermediate appointments are judged necessary to be made, three
days' notice must be sent to Messrs. Hunt and Bray by the
brigadiers commanding the detachment, who will take the
necessary precautions. No longer time will be allowed for the
arrival of the troops at rendezvous than what will appear to
have been absolutely necessary for accomplishing their march,
after receiving marching orders, which period the officers
commanding companies, &c., are required to note with precision,
together with the names of the places where they halt each night
on the route.
The strictest regard to discipline and good order is to be
observed on the march, and the rights of property are to be
scrupulously preserved to individuals.
By order of the Commander-in-Chief.
ANT. W. WHITE, Adj. Gen.
THE COMMITTEE OF CONFERENCE TO THE U. S. COMMISSIONERS.
PITTSBURGH, Sept. 1, 1794.
GENTLEMEN:--The committee appointed by the committee of safety at
Redstone the 28th August last, to confer with the commissioners
of the United States and State of Pennsylvania and agreeable to
the resolution of the said committee do request:
1st. That the said commissioners do give an assurance on the
part of the general government to an indemnity to all persons as
to the arrearage of excise, that have not entered their stills
to this date.
2d. Will the Commissioners, aforesaid, give to the eleventh day
of October next, to take the sense of the people at large of the
four counties west of Pennsylvania, and that part of Bedford
west of the Allegheny mountains, and the Ohio county in
Virginia, whether they will accede to the resolution of the said
commissioners as stated at large in the conference with the
[198] committee of conference met at Pittsburgh the 21st day of
August last?
By order of the Committee.
JOHN McCLELLAND.
The Honorable the Commissioners on the part of the United States
and of the State of Pennsylvania.
THE U. S. COMMISSIONERS TO THE COMMITTEE OF CONFERENCE.
PITTSBURGH, Sept. 1st, 1794.
GENTLEMEN:--We have received your letter of this date, & as time
presses, have determined to give it an immediate answer,
although we shall be prevented thereby from making so full and
correct a reply as the importance of the subject requires.
In our correspondence with the late committee of conference, we
detailed those assurances of submission to the laws which would
have been deemed full and satisfactory, and which were necessary
to the exercise of the powers vested in us. This detail was
minutely settled in conference with a sub-committee of that
body. From a desire on our part to accommodate and to render the
proposals as unexceptionable as possible, they were altered and
modified at their request, till being superior to all exception
they received the unanimous approbation of those gentlemen. The
detail thus settled, required from the standing committee
assurances of their explicit determination to submit to the laws
of the United States, that they would not directly or indirectly
oppose the execution of the acts for raising a revenue upon
distilled spirits and stills, and that they would support, as
far as the laws require, the civil authority in affording the
protection due to all officers and other citizens. These
assurances have not been given. On the contrary, we learn with
emotions, difficult to be repressed, that in the meeting of the
committee at Redstone, resistance to the laws and open rebellion
against the United States, were publicly advocated, and that
two-fifths of the body, representing twenty-three townships,
totally disapproved the proposals and preferred the convulsions
of a civil contest to the indulgence offered them by their
country. Even the members composing the majority, although by a
secret and undistinguished vote, they expressed an opinion that
it was the interest of the people to accede to the proposals,
did not themselves accede to them, nor give the assurances, nor
make the recommendations explicitly required of them. They have
adjourned without day and the terms are broken on their part.
[199] We had reason for requiring these declarations and
recommendations from that body. They were a representation (in
fact) of the different townships in the western counties--they
were a body in whom the people had chosen to place
confidence--there were among them men whose advice and example
have had influence in misleading the people, and it was proper
they should be instrumental in recalling them to their duty; and
their avowed determination to support the civil authority in
protecting the officers, would have assisted in repressing the
violence of turbulent individuals.
Our expectations have been unfortunately disappointed. The terms
required have not been acceded to. You have been sent hither to
demand new terms, and it is now necessary for us to decide
whether we will return home or enter into other arrangements.
Upon reflection, we are satisfied, that the President of the
United States, while he demands satisfactory proofs, that there
will be in future a perfect submission to the laws, does not
wish the great body of the people, should be finally concluded
by the conduct or proceedings of any committee; and if the
people themselves will make the declarations required of the
standing committee, and give satisfactory proofs of a general
and sincere determination to obey the laws, the benefit offered
may still be obtained by those individuals, who shall explicitly
avow their submission as hereinafter mentioned. It is difficult
to decide in what manner the said declaration and determination
of the people to submit peaceably, should be taken and
ascertained. We have thought much on this subject, and are fully
satisfied that a decision by ballot will be wholly
unsatisfactory, and that it will be easy to produce by that
means, an apparent but delusive unanimity. It is, therefore,
necessary that the determination of every individual be publicly
announced. In a crisis, and on a question like this, it is
dishonorable to temporize. Every man ought to declare himself
openly, and give his assurances of submission in a manner that
cannot be questioned hereafter. If military coercion must
finally take place, the government ought to know not only the
numbers, but the names of the faithful citizens who may
otherwise be in danger of being confounded with the guilty. It,
therefore, remains with you to say whether, you will recommend
such a mode of procedure, and will immediately arrange with us
the manner, in which the sense of the people may be publicly
taken, and written assurances of submission obtained within the
time already limited. We require an explicit and speedy answer
in writing. You request us to give assurances on the part of the
United States, that an indemnity shall be granted as to the
arrears of excise, to all persons [200] that have not entered
their stills before this date. If it were proper to remit all
arrears of duty, we cannot conceive, why those who have entered
their stills, should not receive a similar indulgence with those
who have refused; nor why you demand peculiar favors for the
opposers of the acts, while you abandon those who have complied
to the strictness of the laws. We have gone on that subject as
far as we think advisable. The clause was introduced at the
request of the late committee of conference; and even the style
of expressing it was settled with them. We have, therefore,
nothing more to add on this subject.
You require also, that time be given until the 11th day of
October, in order to ascertain the sense of the people. That is
wholly inadmissible. On the day of the conference, the time
allowed was deemed sufficiently long; and we are sorry to
perceive that delay only tends to produce an indisposition to
decide. There are strong reasons obvious to a reflecting mind
against prolonging the time a single hour. Nothing is required
but a declaration of that duty which every man owes to his
country, and every man before this day must have made up his
mind on the subject. Six weeks have already elapsed since the
ordinary exercise of civil authority has been forcibly
suppressed, the officers of government expelled, and the persons
and property of well disposed citizens exposed to the outrages
of popular violence. The protection which is due to peaceable
citizens, the respect which every government owes itself, and
the interests of the United States demand that the authority of
the laws be quickly restored.
To this, we may add, that the militia (which by late orders from
the president have been encreased to 15,000 men, including 1,500
riflemen from Virginia, under the command of Major General
Morgan) have received orders to assemble, and we cannot
undertake that their march will be long suspended. All possible
means to inform, to conciliate and to recall our fellow citizens
to their duty, have been used. If their infatuation still
continues, we regret, but are persuaded that further moderation
and forbearance will but encrease it.
If the whole country shall declare their determination peaceably
to submit, the hopes of the Executive will be fulfilled and if a
part of the survey shall persist in their unjustifiable
resistance to the lawful authority of their country, it is not
the intention of the government to confound the innocent with
the guilty. You may therefore assure the friends of order and
the laws, that they may rely upon promptly receiving all the
protection the government can give, and that effectual measures
will be taken to suppress and punish the violence of those
individ- [201] uals, who may endeavor to obstruct the execution
of the laws and to involve their country in a scene of calamity,
the extent and seriousness of which it is impossible to calculate.
It is easy to perceive from the whole scope of this letter, that
no part of it is addressed to the gentlemen of Ohio county, in
Virginia.
JAMES ROSS,
J. YEATES,
WM. BRADFORD.
To ROBERT DICKEY, JOHN PROBST, JOHN NESBITT, JOHN MARSHAL, DAVID
PHILIPS, JOHN McCLELLAND, GEORGE WALLACE and SAMUEL WILSON.
JUDGE ADDISON'S CHARGE TO THE GRAND JURY OF ALLEGHENY.
PITTSBURGH, Sept. 1st, 1794.
The alarming and awful situation of this country, at this time,
are too well known to require a statement. On the part of
government we are now offered a forgiveness of all that is past,
on condition that we sincerely submit to the excise law, and all
other laws. The question now is whether we will accept of the
terms proposed or not.
The decision of this question is of such importance that I am
sure it will receive a solemn consideration from every citizen
of a sober mind. If we accept of the terms we shall have peace.
If we reject them we shall have war. There is no medium between
these extremes. For in the present state of this country it is
impossible to expect from government a repeal of the excise law.
Government is the whole people acting by their representatives.
The will of these representatives must not be extorted by force
or fear, otherwise those who thus constrain them exercise a
tyranny over the rest of the people. We are a little more than a
seventieth part of the United States. We ought not therefore to
pretend to dictate laws to the whole, but whatever portion we
may be, if one law is repealed at the call of armed men,
government is destroyed; no law will have any force; every law
will be disobeyed in some part of the Union. Government is
therefore now compelled to enforce submission to this law, or to
none. The whole force of the United States must be exerted to
support its authority now, or the government of the United
States must cease to exist. Submission or war therefore is the
alternative.
[202] War is so dreadful a calamity that nothing can justify its
admission, but an evil against which no other remedy remains.
That the colonies, to relieve themselves from the tyranny of
Britain, should have roused to war, no man will wonder. They had
to acquire the first principle of liberty, an equal voice in
framing their laws. The same was the case of France. Its
constitution was overthrown, and one man has by inheritance
acquired a power which he could transmit to his successor of
making laws for the whole nation, but our constitution has
already secured the most democratic principles of
representation. Our complaint is only against the ordinary
exercise of a legislation. We have now more than a just
proportion of representatives. To fill our just proportion we
may choose whom we please, and we ought not yet to despair, that
in a legal manner we shall receive redress from every just
complaint. The principles of liberty are completely established
in our constitution. Those principles are that the will of a
majority should control the few. We wish now for a liberty
destructive of those principles which we formerly thought, and
the French now fight to establish. Our complaint is that the
many have not yet repealed a law at the request of the few, and
therefore we rashly propose war.
If we determine on war, look forward to the consequences. Either
we shall defeat the United States, or the United States will
subdue us. If the United States subdue us, we shall at the end
of the war be certainly not in a better situation than we are at
present, for the same necessity the preservation of the
authority of government will exist for enforcing the law then
which exists for enforcing it now. We shall be in a worse
condition, for government will then be under no obligation to
grant us so favorable terms which are now offered; but may exact
punishment for past offences, penalties for past delinquencies,
compensation for past damages and re-imbursement of the expenses
of the war. To these I might add the miseries attending the war.
But as these will attend the war. in either event, I shall
particularly allude to them, in supposition of our defeating the
United States.
To me this event appears improbable to the last degree. A train
of unfortunate delusions (for such I deem them) seem to occupy
the minds of many in this country. It is said that no militia
will come out against us; that if they do, we are so much
superior in arms that we shall easily defeat them; that we can
intercept them in the mountains and prevent their passage; that
if they should come, they will march peaceably along and not
disturb the citizens engaged in the lawful occupations of life,
and that at the worst we can throw ourselves under the
protection of the British.
[203] On such notions, these are my remarks. From all that I
have heard or seen, there is a resentment in the people of the
other side of the mountains against our conduct, on two grounds,
as being contradictory to the principles of democracy which
require obedience to a constitutional law; and as refusing to
bear any part of a burden to which they have submitted. This
resentment will not only carry vast numbers of them to comply
with the regular call of the militia, but to step forward as
volunteers. Supposing (which may yet be doubted) that they may
at first be inferior to us in the art of fighting; the interests
of the United States are so deeply involved in our submission
that no expence will be spared to accomplish it. And should the
draught of the militia be insufficient, certainly the
legislature will enable the Executive to raise and maintain a
standing body of forces to accomplish the object of government.
They will come at different times, in different directions and
accumulated numbers, for the whole force of the United States
will be directed against us, so has the President, who never
speaks till he has determined, declared by his proclamation. If
this country reject the conditions offered, the whole country
will be considered as in a State of rebellion; every man must be
considered either as a citizen or as an enemy. If he says he is
a citizen, he may be called upon by the force under the
authority of government to unite in subduing its enemies. If he
refuse, he becomes an enemy and as such may be treated. The army
of government may live among us at free quarters, may reduce us
to obedience by plunder, fire and sword.
Will the British receive us? The government of Canada dare not,
without authority from London. And it is not to be supposed that
Britain will risk the loss of the friendship and trade of the
United States for so poor an object as our becoming her
subjects. If she did, ought we not expect that the United States
would seize her dominions on the eastern part of Canada and Nova
Scotia, and intercept our communication with her. Against the
whole force of the United States, exerted as we have reason to
fear, what have we to rest on? Where are our arms? Where are our
magazines of military stores? Or where can we obtain a supply of
these articles, but from the United States, with whom we shall
be at war. All communication between us and our fellow citizens
on the east side of the mountains will be cut off. Even the
supplies of the common articles of life, which we receive from
them, will be prevented; and not a simple article of food or
clothing much less of arms or amunition, will be furnished to us
from that quarter. Army after army will be sent against us. In a
state of open war we shall be considered as any other enemy,
with the additional rancour attached to a [204] civil war. Our
agriculture will be destroyed; our fields laid waste; our houses
burnt; and, while we are fighting our fellow citizens on one
side, the Indians (and God knows how soon) will attack us on the
other. The consciences of many among ourselves will shrink back
with horror, at the idea of drawing a sword against our
brethren. They will call for neutrality. They will enter into
associations for mutual defence. Many, who now from fear of
danger or insult, put on the appearance of zeal and violence,
will, when it comes to decisive exertion, draw back. But those
who are for war will strive, by force to draw in those who are
for peace. We shall attack and destroy each other, and fall by
our hands. Our cornfields will be converted into fields of
battle. No man will sow; for no man will be sure that he shall
reap. Poverty, distress, and famine will extinguish us. All
mutual confidence will be at an end, and all the bands of
society will be dissolve. Every man will be afraid to speak to
his neighbor. There will be no power of government to control
the violence of the wicked. No man's life, no man's house, no
man's goods, no man's wife, no man's daughter, will be safe. A
scene of general destruction will take place. And, should
government, weary of chastising us, at last leave us to
ourselves, we shall be a miserable remnant, without wealth,
commerce or virtue--a prey to the savages, or slaves to Britain.
Are we prepared for a separation from the United States, and to
exist as an independent people? This is a question which ought
to be settled previously to our taking up arms against
government. For to disobey a government, while by remaining in
it, we admit its authority to command, is too absurd, and too
contrary to the duty of citizens for any man of reason and
virtue to support; especially where the government, like ours,
is created and changeable by the people themselves, that is, by
the whole people or a majority of the whole people. Our appeal
to arms is therefore a declaration of independence, and must
issue, either in separation or obedience. Government cannot
recede farther than it has lone. It has already made sacrifices,
which intitle it to grateful returns. It offers to forgive past
offenses, and consider us as having never erred. It cannot,
without a total extinction of all authority, repeal this law,
while we disobey it Government must either subdue us, or cast us
off. For, however we may flatter ourselves with the destructive
hope of defeating government, we have no prospect of subduing
it, and compelling the United States to retain us in the Union.
Suppose us then a separate people, what prospect have we of
being able to secure those objects, which are essential to the
prosperity of this country, and of far more consequence than the
repeal of the excise law? Shall we, at our own expense, subdue
the Indians, seize the [205] western posts and open the
Mississippi? Or will not the British, countenanced by the United
States, retain the posts, and arm and protect the Indians
against us? And will not the Spaniards, under the same
countenance, block up the Mississippi and refuse, pre haps, all
trade with us? At present there is a fair prospect of an
accommodation with Britain and by the influence of the United
States, we have reason to hope for a surrender of the Western
posts and of consequence a peace with the Indians. There is also
a negociation, industriously, and not unpromisingly conducted
with Spain for the free navigation of the Mississippi. The
continuance of our union with the United States may therefore,
in a short time, secure us all our favorite objects. And there
must be time, for we have to deal with sovereign and powerful
nations, whose rights we cannot infringe; we must therefore
solicit and not extort. But separated from the United States
and, of course, from the friendship of France & the world, what
hope have we to bend the haughty nations of Britain and Spain?
We should be their sport or their slaves.
In rejecting the conditions now offered us by government, we
cannot hope to extort a repeal of the excise law. If we would
remove it by force, we must be able to cut ourselves off from
the United States with the loss of our prosperity, our
happiness, and perhaps our existence. A rejection of the
conditions is a declaration of war, and war is the sure road to
ruin.
Let us next consider what will be the consequence of our
submission to government on the terms offered. We are restored
to the peace and protection of government. We shall be tried for
offenses and delinquencies by courts and juries in our
neighborhood, but with these favorable terms we must submit to
the excise law.
The peculiar objection which lay in the mouths of the people on
this side of the mountains to this law was this, that from our
local circumstances it drew from us a sum of money which was
disproportioned to our wealth, and would soon exhaust our
circulating medium. However necessary on those grounds an
opposition to the excise law might be three years ago, it is
less necessary now. Since that period the progress of this
country to wealth has been amazingly rapid. There have been more
public and private buildings raised and fewer sheriff sales for
debt within this period than for nine years past preceding.
Three years ago, I believe, there was hardly a burr millstone in
this country, now there are perhaps a dozen. The quantity of
money circulating among us is since greatly increased, and the
value of all property is thereby greatly increased. In other
words, the value of money, is greatly lessened, and thereby the
value of the excise to be paid by us is greatly lessened. Then
[206] there was hardly any trade to the Spanish settlements on
the Mississippi; it was at any rate small, and confined to a few
adventurers. The quantity of grain exported was but little, of
course but little was withdrawn from our own consumption, and
this little generally bought with goods. Now a very respectable
trade is carried on to the Spanish settlements--our traders are
treated with great civility by the Spaniards. The duty on our
trade is reduced to a mere trifle, and there is very little
difficulty in bringing away dollars in return. We shall soon
have the whole supply of that market to ourselves. Last spring
our best flour was sold there a dollar each barrel dearer than
flour from New York. None of the traders now depend on goods for
the purchase of wheat, but must purchase at a reasonable price
in money. From this increased exportation of our grain the
necessity of distillation is greatly lessened in degree, and
will every day lessen. Government does not now as formerly
supply the army with whiskey through contractors purchasing with
goods, but employs agents to purchase it with money. Last year
ten thousand dollars was laid out in this way by one agent in
this country, and the execution of an order for ten thousand
more was stopt only by the present troubles. The contractors
themselves have these two last years purchased their supplies
with cash. From these circumstances, and the pay and other
expenses of the army, government sends far more money to this
side of the mountains than it would draw back by the excise. At
the commencement of this law a very great quantity of foreign
spirits was consumed in this country, but so severe is the duty
which this law lays on foreign spirits, that the people on the
east side of the mountains drink such spirits at a very
increased price, and our store keepers cannot afford to bring
foreign spirits in any considerable quantity over the mountains.
As our circumstances are thus materially changed, so the law
itself is changed also. Originally, the duty on a still was 60
cents per gallon, now it is 54. Originally the duty on the
gallon of whiskey was 9 cents, now it is 7 cents. Another
material alteration, is granting a license by the month, at 10
cents per gallon on the still, a provision peculiarly suited to
a country, where few distillers work in summer.
I do not say, that, by these alterations in our circumstances
and in the law, our objections to the excise law are removed,
but they are surely lessened. We have reason to believe, that
our remonstrance would be listened to more effectually, if, by
obedience we put ourselves in a capacity of being heard; but it
is natural to answer, why complain of a law which you have never
obeyed. I will go yet further, and state an opinion, that [207]
the easiest and speediest and I believe the only way to
accomplish or object, a total repeal of this law, is instantly
to accept of the conditions offered by government, honestly
comply with them, and thus come fairly before the legislature
with our remonstrance.
I have before stated the impossibility, that the legislature
should repeal this law so long as we resist it. I will now
explain to you on what grounds I form the opinion that they will
repeal it as soon as possible, after, by our submission, we have
restored them to their authority, and you may judge for
yourselves of the probability of this opinion.
The present prospect of French affairs and the favorable
reception which Mr. Jay, our ambassador, has met with in
England, give reason to hope for a good understanding between us
and Britain, and a consequent termination of the Indian war. I
estimate two years, as a reasonable period for these causes to
operate, and these effects to be produced. If the extraordinary
expenses of the Indian war ceased, there is reason to expect,
such is the increasing trade of America, that the imports would
suffice for the ordinary expenses of government. If this be
true, so generally is the excise on domestic produce disliked,
and so imperfectly paid, that we have no reason to presume that
the Legislature will keep it up longer than is necessary. You
have now the grounds on which I state the opinion that it may be
repealed in two years. If repealed then, it will have lasted
five years; of these five, we shall, perhaps, if we comply now,
be compelled to pay for only two years, and supposing the tax
unequal, paying but two years out of five may correct the
inequality, and, while we pay, a far greater sum for the
expences of the war is circulated among us. Thus the Indian war
occasioning the excise, bears with it a remedy, and when this
remedy fails, there is reason to expect the evil may also fail.
Whether, therefore, we would avoid ruin, or whether we would
obtain a repeal of the excise law, it appears evident to me that
we have no way to gain our point, but by immediately accepting
and faithfully performing the conditions proposed.
If we do not, we shall no more get cash for our whiskey. The
army will be supplied with whiskey from Kentucky. And (a law
passed last session authorizing it) our whiskey, if carried
anywhere out of this country, will with the horses, carriages or
boats be seized and forfeited. We shall, therefore, become the
only consumers of our whiskey. It will again cease to be a cash
article and again become a mere drug.
But it is said that if we submit now, we have nothing to expect
from a remonstrance, for our past remonstrances have been
ineffectual. I say it is too hasty to draw this conclusion.
Besides what I formerly observed that we have never, by obedi-
[208] ence, intitled ourselves to relief. I request your
attention to the situation of the United States hitherto. The
imports have not been sufficient for the expences of government
including those of the Indian war. The excise law, therefore,
could not be repealed unless some new fund was substituted in
its stead. Now it is impossible to impose any tax whatever that
will operate equally on all men. Suppose, therefore, some other
tax imposed in lieu of this, while we continued to resist this.
What would be the consequence? It might be as unpopular here, or
in some other place, as this excise; the consequence would be,
that from an experience of the weakness of government in failing
to enforce the excise, the new tax would be resisted also and no
tax would ever be enforced. Suppose a direct tax on a general
valuation of property, there would be great frauds. Suppose a
direct tax on lands. The amount of all direct taxes, in each
State, must be in proportion to the number of its inhabitants.
Now unless land or other property in quantity and value, bore
the same proportion in each State with the number of inhabitants
to the whole, the direct tax would in some States be
unconstitutional, of course resisted. I am informed that in New
England a direct tax would be as unpopular as the excise is
here. Government, therefore, could not, with safety, substitute
any other tax instead of the excise, till it had first shown
that its authority was sufficient to enforce the excise.
Attend especially to the situation of the United States during
the last session of Congress, and judge for yourselves, was that
a time to release any established subject of taxation and try a
new experiment? The whole world seemed to lower upon us. The
Indians attacked our back settlements. The Algerines plundered,
and the British captured our ships at sea. It was judged
necessary for safety and justice to equip a fleet--to fortify our
harbors, and to send out against the Indians two thousand
volunteers from Kentucky. For all these purposes, the imports
(diminished by the spoliations and the embargo) would come too
slowly in, and it was found necessary to anticipate the revenue
by enabling the President to borrow a million of dollars. Was
this a time to press a repeal of the excise? From all these
circumstances the failure of our past remonstrances is no
sufficient reason to conclude, that after we have submitted to
the authority of government, and after its embarrassments are
removed, our future remonstrances will fail of a just effect.
On all these grounds, I do most earnestly exhort to an immediate
acceptance of the conditions offered by the Commissioners, and a
faithful performance of them on our part, as the only way in
which we can hope for redress or escape ruin.
[209] I have thus expressed my sentiments honestly and freely,
as at this crisis it becomes every man who has any regard to the
welfare of this country, to take every occasion to do. This is
not a time for concealment or dissimulation. Let every man speak
out, and not by silence or falsehood deceive one another. Let a
free currency of opinions restore mutual confidence and mutual
safety, that the dagger of the assassin, the torch of the
incendiary, and tongue of the slanderer be not feared. Let the
energy of government be restored; let the public peace and the
rights of persons and property be preserved sacred, and let
every individual repose with confidence and safety on the
protection of the law. Let the power of punishment be exerted
only as our principles prescribed by courts and juries; let
offences be ascertained only by the volumes of our laws. While a
man's words and actions are lawful, let his safety be untouched,
and let not individuals assume the public duty of repaying
vengeance.
Do you, gentlemen, who, by your station, can do it so
effectually, unite with me in expressing, propagating, and
supporting these sentiments; and through you, both now and
hereafter, let them be felt to be the voice of your country?
They are mine--and were an angel from Heaven to charge me, to
make to you, as I should answer it at the tribunal of God, a
faithful declaration of my opinion of the interests of this
country, at this important period, I would, were it the last
moment of my life, address you as I have now done. And, O! may
the God of wisdom and peace inspire this people with discernment
and virtue, remove from their minds blindness and passion, and
save this country from becoming a field of blood.
[To this address the Grand Jury made the following note: "The
above sentiments of peace and obedience to the laws would have
received the sanction of the Grand Jury, but as a few members
declined their assent, silence was thought better than an
approbation not unanimous."]
GOVERNOR MIFFLIN'S MESSAGE TO THE ASSEMBLY.
PHILADELPHIA, September 2, 1794.
Gentlemen of the Senate and Gentlemen of the House of
Representatives:
A solemn declaration of the President has announced that in
pursuance of combinations to defeat the execution of the laws,
[210] laying duties upon spirits distilled within the United
States and upon stills, "many persons in the western parts of
Pennsylvania had, at length, been hardy enough to perpetrate
acts, which he is advised amount to treason, being overt acts of
levying war against the United States." A communication to me
has likewise expressed his determination "to take measures for
calling forth the militia, in order to suppress those
combinations, and to cause the laws to be duly executed." These
occurrences have appeared, in my judgment, to be of a nature and
tendency so interesting and momentous, as to claim, independent
of every other consideration, an exercise of the executive
authority, to convene the General Assembly upon extraordinary
occasions.
I am sensible, Gentlemen, of the great inconveniency which, at
this season of the year, must attend your compliance with the
summons that has been accordingly issued; but experience
justifies an expectation that you will consider every private
sacrifice amply compensated by the opportunity of contributing
to restore public tranquility and order. Unless, indeed, that
wholesome subordination to the laws, which confers on virtue its
merited safety, which secures to industry its laudable
acquisitions, and which shelters freedom from the blasts of
licentiousness, can be introduced and preserved, we pursue, in
vain, the avocations of domestic life, and boast, without
pretext, of equal rights and civil liberty.
The impracticability of combining social order with the
principles of a free Republic, so long the favorite assertion of
interested Statesmen, seemed already to have received a
satisfactory refutation from the experiment which our country
had made. The friends of Liberty who had rejoiced in the
accomplishment of our Revolution beheld with still greater
exultation, the peaceable and almost unanimous adoption of our
Federal Constitution. The visible effect of this system, raised
upon the firm basis of popular representation and directed to
the legitimate objects of Government, attracted the attention,
and hitherto have excited the admiration or the envy of mankind.
If, indeed, we examine more particularly the operations of the
government, we shall find that, elevating our Federal character
from a state of degradation, the American Union has been
rendered respectable among the nations of the earth. While
Europe is involved in all the horrors of War and distracted by
the embarrassment of her finances, we find our country preserved
from a participation in the dreadful conflict and its treasury
exhibiting no claim to diminish the profits of genius or labor;
but what is necessary to protect a distant and defenceless
frontier from savage depredation, to pay an honest debt, the
price of our National Independ- [211] ence--or to defray the
unavoidable expenses of Government, the price of our political
establishment. In other countries, too, the disposition, the
interest and the prosperity of the government may be
distinguished from the disposition, the interest and the
prosperity of the people; but so long as the spirit of our
social compact continues to operate, so long as the laws are
enacted by the immediate authority and maintained by the ready
obedience of the citizens, that odious distinction cannot be
generated here. With the prosperity of the American government,
the prosperity of the American People must be coeval and
commensurate. Thus the reputation which our government has
acquired abroad, the peace which it has preserved at home, and
the moderation of its fiscal demands, are intimately and
obviously allied to the morality, the industry, the affluence
and the happiness which appear in all the circles of domestic life.
But a period has unfortunately arrived which renders it
indispensable to remark, that this scene so honorable and so
beneficial to our country, can only be perpetuated by the
efficient means which have produced it. The establishment of a
free government, with a competent legislative power, and the
certainty of submission to the laws when duly made, were the
real sources of our prosperity. Nothing more will be necessary
to convert all our enjoyments into cares, than the dissemination
of an unmerited contempt for the government which the People
have thus created, or the practice of an unconstitutional
opposition to the laws which they have thus authorized to be
enacted. Such proceedings indeed, are not less unreasonable in
their nature, than pernicious in their consequences. It is
unreasonable to oppose a measure which our Representatives have
been empowered to adopt; it is unreasonable to risque the
subversion of the government, merely to extort what a change of
our representatives may procure. It is unreasonable to resist,
by the force of arms, what could not be prevented by the force
of argument; and, above all, it is unreasonable that the few
should counteract the will of the many, or that a part of the
community should undertake to prescribe to the whole.
I enquire not, Gentlemen, whether there was any original
impolicy or whether there is any oppressive operation in the
laws, which the present occasion particularly contemplates; it
is enough for my object to know, that they exist by an authority
competent to make them; for this knowledge (speaking as a
Magistrate or as a freeman) is enough to convince me that they
ought to be obeyed. If an abstract opinion controverting the
policy of any legislative act, or if a partial inconvenience
resulting from the operation of a general law, shall be deemed a
sufficient vindication for disobedience and hostile opposition
[212] to the Government, on what foundation can we longer rest
the national hopes of respect, tranquility and order? In a
country so extensive, with interests so various and with habits
so diversified, can we expect from human wisdom a system of
legislation, that shall reconcile every difference or gratify
every prejudice? Or is there any principle of discrimination
that will warrant a compliance with the local pretensions of one
district, and justify the denial of a similar indulgence to the
local pretensions of any district in the Union? Enquiries of
this kind must inevitably terminate in a conviction that there
is no alternative in a free country but a submission to the
laws, ordained by the regular exercise of Constitutional
authority, or a subjection to the anarchy produced invariably by
a popular disregard of social obligation. Here, therefore, is
the point for serious deliberation, for should the event be
unpropitious to the laws, the glorious harvest of our Revolution
will be wantonly laid waste; the foes of freedom and
republicanism will acquire new energy from our disgrace; the
present age will regard our conduct with contempt, and posterity
will pronounce our names with destation. To us, Gentlemen, in
particular, this dreadful reflection must bring additional pain,
should the calamity which it contemplates be occasioned or
promoted by the fatal example of Pennsylvania.
That the Acts of Congress, commonly called the Excise laws, had
created considerable discontent in various parts of the State,
and that this discontent had been manifested, not only by a
non-compliance with the laws, but by an irregular and violent
conduct towards the officers who were employed to execute them,
have long been circumstances of public notoriety, and at an
early period of my administration were mentioned as a proper
subject for legislative animadvertion. With a design to
facilitate the measures of the Federal Government, I employed
likewise repeated opportunities to inculcate the indispensable
duty of obedience to the laws, and from time to time I received
with peculiar satisfaction the strongest assurances, that on the
part of the State officers, every reasonable exertion would be
made to conciliate the minds of their Fellow Citizens, and to
effectuate the acts of the Union. It is to be lamented, however,
that the result of these efforts has not corresponded with the
expectation which I had formed. The spirit of lawless opposition
seems to have acquired fresh vigor during a transient sleep, and
being at length excited into action it has recently violated the
public peace, overthrowing in its career the barriers of
personal safety and the safeguards of private property. From the
information which I have collected through various channels, and
the result of which it is my duty, Gentlemen, to submit to your
observation, [213] it may he conjectured that at the period of
perpetrating the late outrageous Riots in the Western parts at
the State, the principal source of discontent had been augmented
by several collateral considerations. Under circumstances
peculiarly inauspicious, therefore, the marshal of the District
seems to have entered the western counties to serve certain
judiciary process, by which a number of citizens who had omitted
to enter their stills, agreeably to the act of Congress, were
summoned to appear at a District Court to be holden in the City
of Philadelphia. From the documents which I have had an
opportunity of examining on the subject, it appears that this
officer was allowed without injury or molestation to discharge
his duty in the County of Fayette; that proceeding for the same
purpose into the County of Allegheny, he requested the company
and assistance of Gen. Nevill, the inspector of the Revenue;
that while thus accompanied he suffered some insults, and
encountered some opposition; that considerable bodies of armed
men having at several times demanded the surrender of General
Nevill's commission and papers, attacked and ultimately
destroyed his house and other valuable property; that these
rioters, (of whom a few were killed and many wounded,) having
made the Marshal, together with other Citizens, prisoners,
released that officer in consideration of a promise that he
would not serve any more process on the Western side of the
Allegheny mountain; that under a just apprehension of violence.
General Nevill, before his house was destroyed, applied to two
of the judges of the county of Allegheny for the protection of
his property, but the judges on the 17th day of July, the day on
which his house was destroyed, declared that they could not, in
the present circumstances of the country, afford the protection
that was requested, though they offered to institute
prosecutions against the offenders, and that General Nevill and
the Marshal, menaced with further outrage by the Rioters, had
been under the necessity of repairing by a circuitous route to
Philadelphia. To this outline of the information, which was
received immediately after the riots, the stoppage of the public
mail, the expulsion of several friends to government from
Pittsburgh, and the measures taken to establish a correspondence
and concert among the rioters, must be regarded as circumstances
of great aggravation and alarm.
As soon as the intelligence of these lawless proceedings had
arrived, letters were addressed, under my instructions, to every
Judge, Justice, Sheriff, Brigade Inspector and, in short, to
every public officer residing in the Western counties,
expressing the regret and indignation, which the event had
produced, and requiring an exertion of their influence and
authority to suppress the tumults, and punish the offenders. The
Attorney General [214] of the State was likewise desired to
investigate the circumstances of the riot, to ascertain the
names of the rioters, and to institute the regular process of
the law for bringing the leaders to justice. This judiciary
course of proceeding, the only one which, at that period,
appeared lawful to be pursued on my part, was recommended
likewise by the success that had attended it upon former
occasions. Riots have heretofore been committed in opposition to
the laws of Pennsylvania, but the rioters have been invariably
punished by our Courts of Justice. In opposition to the laws of
the United States; in opposition to the very laws now opposed,
and in the very counties supposed to be combined in the present
opposition, riots have likewise formerly occurred; but in every
instance, supported by legal proof (and several such instances
are specified in the documents that accompanied my address to
the Legislature on the 7th of December, 1792,) the offenders
have been indicted, convicted and punished by the Tribunals of
the State. To support the authority of the Union, by an exertion
of the authority of the State, has ever, indeed, constituted a
favorite object of my official attention; and I shall always be
persuaded that if the purposes of Justice can be attained, if
obedience to the laws can be restored, and if the horrors of a
civil war can be averted by that auxiliary intervention, no idea
of placing an individual State in too distinct, too important a
point of view, or of interfering with the exercise of a
concurrent Federal jurisdiction, can be sufficiently clear or
cogent to supersede such momentous considerations.
But it may be suggested, that the extent and violence of the
late disturbances, required a more energetic course, and would
have justified an immediate interposition of the militia. For my
part, Gentlemen, I confess that in manifesting a zealous
disposition to secure obedience to the Constitutions and laws of
our country, I shall ever prefer the instruments of conciliation
to those of coercion, and never, but in the last resort,
countenance a dereliction of judiciary authority, for the
exertion of military force. Before the President had determined
to employ the militia on this occasion, the incompetency of the
Judiciary Department of the Government of Pennsylvania, to
vindicate the violated laws, had not been made sufficiently
apparent. That the laws of the Union are the laws of the State,
is a constitutional axiom that will never be controverted; but
the mere circumstance, that the riots were committed in
opposition to the laws of the Union, could neither enlarge nor
alter the powers of the State Government, for in executing the
laws or maintaining the authority of the Union, the officers of
Pennsylvania can only employ the same means, by which the more
peculiarly municipal laws and authority of the State, are exe-
[215] cuted and maintained. Under a solemn conviction, then,
that the military power of the Government ought not to be
employed until its judiciary authority, after a fair experiment,
has proved incompetent to inforce obedience or to punish
infractions of the law, I conceived that nothing more was due to
good faith and justice, than an assurance that the measures
which were taken, would have been precisely the same, had the
riot been unconnected with the system of Federal policy. If the
riot had been unconnected with the system of Federal policy, the
vindication of our laws, upon the arrival of the first
intelligence, would have been left to the ordinary course of
justice, and only in the last resort, at the requisition and as
an auxiliary of the civil authority, would the military force of
the State be called forth.
For it is of some importance, Gentlemen, to recollect, that at
this time no positive law of the State exists, by which the
exigency that will justify an appeal from the political to the
physical strength of our country is defined; or by which the
evidence to prove the existence of that exigency is regulated
and prescribed. It is true, that in seasons of tumult and
insurrection, when the civil authority has declared itself
incompetent to the discharge of its functions, a duty may be
presumed to result from the nature and Constitution of the
Executive office, to aid the execution of the laws by every
other legitimate means. But in the performance of a
discretionary trust, so charged with official responsibility, as
it affects the magistrate, and so exposed to patriot jealousy as
it affects the citizens, every construction of the circumstances
that occur should, in my judgment, be the effect of serious
deliberation, and every step that is taken, in a military
course, should be directed and circumscribed by the necessity
which impels it. Besides, therefore, the recollection that in
similar extremities the judiciary Department of our Government
had maintained its authority by punishing the violaters of the
public peace, and besides the defect, originally of satisfactory
proof to evince, that on this occasion, its authority had
failed; there were considerations of policy that added a
powerful influence to recommend the lenient course, which, as an
Executive Magistrate, I had determined to pursue.
In a free country, it must be expedient to convince the Citizens
of the necessity that shall at any time induce the government to
employ the coercive authority with which it is invested. To
convince them that it is necessary to call forth the military
power, for the purpose of executing the laws, it must be shewn
that the judicial power has in vain attempted to punish those
who violate them. The citizens of Pennsylvania (however a part
of them may for a while be deluded) are the friends of law [216]
and order, but when the inhabitants of one district shall be
required to take arms against the inhabitants of another, their
general character did not authorize me to expect a passive
obedience to the mandates of Government. I believed, that as
Freemen, they would enquire into the cause and nature of the
service proposed to them, and, I believed, their alacrity in
performing as well as in accepting it would essentially depend
on their opinion of its justice and necessity. Hence, therefore,
my solicitude to ascertain in the clearest manner, whether the
judiciary authority had been tried in vain, for under an
assurance that every other reasonable expedient had been
previously resorted to, I was confident that the public opinion
would sanction the most vigorous exertion of the whole force,
which the constitution and laws of the State entrust to me, and
that every good citizen would willingly lend his aid to
strengthen and promote the measures that were thus unavoidably
employed for restoring the authority of the laws.
Upon great political emergencies the effect, likewise, of every
measure should be deliberately weighed. Anticipating the
probable consequences of an awful appeal to arms, I could not
avoid impressions, which are of a nature too painful, and too
delicate for public recapitulation, but which will readily occur
to every reflecting mind. From the situation that has been
represented, I was relieved however, Gentlemen, by the conduct
which the Federal Government has determined to adopt upon the
occasion, and by which it is obvious that my interference in a
separate and unconnected manner to embody any part of the
militia, would be rendered uselessly expensive to the State,
unnecessarily burthensome to the Citizens, and might be
eventually introductory of embarrassment and confusion, instead
of system and co-operation. The complicated nature of the
outrages which were committed upon the public peace gave,
indeed, a jurisdiction to both Governments; but, the judiciary,
as well as in the military Department, it would perhaps be
expedient that the subject should be left entirely to the
management, either of the State or of the General Government,
for the very important difference, which is supposed to exist in
the nature and consequences of the offences when contemplated by
the laws of the United States, and when contemplated by the laws
of Pennsylvania, must otherwise destroy that uniformity in the
definition of crimes, and the apportionment of punishments which
has always been deemed essential to a due administration of justice.
You will perceive, gentlemen, from the documents which I have,
directed to be laid before you, that treading in the regular
path designated by an act of Congress, the President has
received a [217] notification from an Associate Judge, stating
according to the Act "that in the Counties of Washington and
Allegheny, in Pennsylvania, laws of the United States are
opposed, and the execution thereof obstructed by combinations
too powerful to be suppressed by the ordinary course of judicial
proceedings, or by the powers vested in the Marshal of the
District." The legal operation of this Certificate having
authorized the President to call forth the Militia of this and
of any other State to suppress such combinations, and to cause
the laws to be duly executed, a requisition for that purpose has
been accordingly issued, and copies of it will be communicated
for your information. Leaving it, therefore, as I ought,
implicitly to the judgment of the President, to chuse on such
evidence as he approved, the measures for carrying the laws of
the Union into effect, and feeling as I ought the influence of
my Federal obligations, I did not hesitate to give a full and
unequivocal assurance that whatever requisition he might make,
whatever duty he might impose in pursuance of his constitutional
and legal powers, would, on my part, be promptly undertaken and
faithfully discharged. Actuated equally by the regard due to my
immediate trust, and my desire to co-operate with the plans of
the General Government, I have, likewise, published a
Proclamation, declaring (as far as I can declare them) the
sentiments of the Government, announcing a determination to
punish the offenders, and exhorting the Citizens at large to
pursue a peaceable and patriotic, conduct. I have engaged two
respectable Citizens to act as Commissioners, for addressing
those who have embarked in the present combination upon the
lawless nature and ruinous tendency of their proceeding, and for
inculcating the necessity of an immediate return to the duty
which they owe to their country, and I have convened the
Legislature, in order that those defects in the existing laws of
the State which obstruct or retard the use of the proper
instruments for maintaining the dignity of the Government, or
for complying with the requisitions of the President may be
amended, and that the ultimate means of subduing the spirit of
insurrection, and of restoring tranquility and order, may be
prescribed (consistently with the jurisdiction of Pennsylvania)
by your wisdom and authority.
Having thus, Gentlemen, laid before you the circumstances that
have attended the very serious event which has occasioned your
present meeting, it cannot, I presume, be necessary to offer any
further arguments to engage you in the indispensable task of
providing, with a prompt, firm and patriotic policy, for the
maintenance of an issue, in which the laws and existence of our
government are critically involved. You will perceive from the
papers, which the Secretary is directed to deliver, that every
[218] conciliatory effort has been made, as well by the general
government as by the State, to convince the deluded insurgents
of their error, to reconcile them to their duty, and to
re-establish the violated authority of the laws. You will be
satisfied from the present state of our information, that the
judiciary authority of the government is no longer competent to
inforce obedience to the acts of Congress or to punish the
outrageous offences which have been committed in the course of
an opposition to them, and you will feel under the most sacred
obligations of duty, under the strongest incentives of interest,
the force of the resulting alternative, which now presents to
our choice, a dereliction of our official trust, or the most
vigorous exertion of our constitutional powers.
But not only as guardians of the public welfare and of the equal
rights of our constituents, let me, likewise, call upon you
gentlemen, let me solemnly call upon our fellow citizens of
every description, as individuals bearing testimony against a
lawless proceeding, to exercise all the influence of reason and
example, in counteracting the fatal effects of a spirit, so
hostile to the public order of Society and to the private
happiness of man. There is no member of the community so
elevated by opulence or so depressed by poverty, so weak or so
feeble in the condition of his mind or body, but must feel his
dependence upon the benignity of the laws. For a general
submission to the law is the certain, though the only medium (as
I have already intimated) by which the public is enabled to
extend security to property and encouragement to industry, by
which it arms the feeble against outrage and shelters the
unfortunate from want. To violate this palladium, upon any
pretext, is to set an example for violating it upon every
pretext; and to permit it, in the first instance, with impunity,
is, in effect, to invigorate every subsequent attack. The duty
of the government being thus intimately combined with the
interests of the people, I anxiously hope, that the ready and
effectual aid which the public measure will receive at this
crisis, from the zeal and spirit of a militia, composed of
enlightened and patriotic freemen, will leave the enemies of
Liberty hereafter without a pretext, for asserting that a
standing army is necessary to maintain the authority of the laws.
THOMAS MIFFLIN.
[219] THE COMMITTEE OF CONFERENCE TO THE U. S. COMMISSIONERS.
PITTSBURGH, Sept. 2d, 1794.
GENTLEMEN:--We have received your letter of yesterday and after
having duly considered its contents, we are all of opinion that
it is the interest and duty of the people of the Western
counties of Pennsylvania to submit to the execution of the laws
of the United States, and of the State of Pennsylvania, upon the
principles and terms stated by the commissioners; and we will
heartily recommend this measure to them. We are also ready to
enter into the detail with you of fixing and ascertaining the
time, place and manner of collecting the sense of the people
upon this very momentous subject.
Signed by the unanimous order of the committee.
JOHN McCLELLAND.
To the commissioners of the United States and of the State of
Pennsylvania.
COL. JOSIAH CRAWFORD TO GEN. HARMAR.
CHAMBERSBURGH, Sept. 4th, 1794.
SIR:--I had the honor of receiving your orders of the 8th ult.,
on the evening of the 14th of the same Month. On the receipt of
which I immediately began to write & issue the necessary orders
for making the draught, but the weather being very unfavourable,
retarded my progress a little, and from the manner in which I
gave the Orders, I expected in a few days to have received a
report of the State of the different Companies respecting Arms
and Equipments, and in what time they would have their
respective quotas in readiness to March. But notwithstanding I
have wrote since repeatedly to some of the Captains, there is
seven of them who has not made any report yet; and the Number
returned, who are willing to hold themselves in readiness to
March, does not amount to more than 29 privates, and they
without Arms and Epuipments; besides the Company of light
Infantry, in the fourth Regiment, who are unwilling to stand a
draught, but chooses to go voluntarily; but I have reason to
believe that the Captain will resign. What may be the report
that those Captains will make, who have not yet reported, is
uncertain; but I believe that few need be expected from them;
and I think that I have reason to believe that few of those who
are returned as holding [220] themselves in readiness to March,
will March when the Orders are given.
I am, Sir,
your most obed't serv't,
JOH. CRAWFORD, Brigade Inspector of Franklin County.
JOSIAH HARMAR, Esquire, Adjutant Gen'l of the Militia of
Pennsylvania.
THE WESTERN COMMISSIONERS TO GOVERNOR MIFFLIN.
BEDFORD, Sptem'r 5th, 1794.
SIR:--We have just arrived here from Pittsburgh on our way to
Philadelphia, and being informed by the Commissioners of the
United States that they intend to send an express from hence to
the President, we embrace the opportunity of communicating to
your Excellency the amount of what passed since the date of our
last Letter. On Monday, the first instant, we had a conversation
with the Committee of conference appointed by the standing
committee at Brownsville on the 29th last month, and found their
wishes were to have an assurance that all arrearages of Excise
should be forgiven, and to have the time of taking the sense of
the Freemen upon the terms proposed by the respective
Commissioners postponed until the 11th day of October next.
These the committee were desired to reduce to writing, which was
done that night after they withdrew, and the next morning the
Commissioners of the Union wrote an answer, which they were
pleased to show us for our concurrence; though the subject
matter did not relate immediately to the State, it was delivered
to the committee of conference, and we met again soon after, and
unanimously agreed to the time, places & manner of taking the
assurances of the freemen of their future support of the laws of
the Union and of the State.
Having left Pittsburgh on the morning of the third instant, we
have not had time to copy these proceedings, and therefore for
the first part of them must refer to the Secretary of the United
States, the second part has been printed, and we have the honor
to inclose a proof copy of them. We deemed it to be not only
unnecessary but impolitic to remain any longer at Pittsburgh,
having exhausted all our arguments and persuasions with such of
the inhabitants of the four Western counties of this State as we
had any opportunity of seeing.
[221] Upon the whole, Sir, we entertain a reasonable hope that
the great mass of the People will comply with the terms
proposed, and be dutiful citizens in future, and that their
example & influence will in a few days prevail upon most of the
residents as the same. However, it must not be concealed that
there are several unruly and turbulent spirits in almost every
township who will require correction and punishment, and these
men having little or no property to lose may probably create new
disturbances. Should our opinion prove to be well founded, it is
probable the ordinary course of judicial powers may be
sufficient to reduce them to submission and order without
military aid.
In such an intricate and uncertain an affair we cannot presume
to give any advice, and more especially as the worst will take
place before the 16th instant, which must direct future measures.
We beg that want of time may appologize for our sending you this
rough draft, and that you will believe us to be with great
attachment & regard.
Sir, Your Excellency's
Most obedient humble servants,
THO. McKEAN,
WM. IRVINE.
His Excellency Governor MIFFLIN.
GOVERNOR MIFFLIN TO THE WESTERN COMMISSIONERS.
PHILADELPHIA, 5th Sept'r, 1794.
GENTLEMEN:--It is with sincere satisfaction, I contemplate the
prospect of restoring harmony and order in the western parts of
Pennsylvania without an appeal to arms. Your agency in producing
so desirable an accommodation will yield the most pleasing and
honorable reward, as well from the reflection of your own minds
as in the approbation of our Fellow Citizens.
I observe, however, with some anxiety your intention of
returning immediately to Philadelphia. The commissioners on the
part of the Union, having expressed a similar intention, the
Secretary of State informs me that they have been requested by
the President to remain at Pittsburgh till the result of the
meeting appointed for the 14th instant is known. Permit me to
request the same from you. Many circumstances may yet occur to
require explanation and conciliation, and it appears to [222] be
necessary to a final arrangement that both sets of commissioners
should be on the spot at the same time.
I am, with the sincerest
esteem and regard, Gentlemen,
Your Most obed. Serv.,
THOMAS MIFFLIN.
To THOMAS McKEAN & WILLIAM IRVINE, esquires.
GEN. WILKINS TO GEN. CLEMENT BIDDLE.
PITTSBURGH, 5th Sept'r, 1794.
D'R SIR:--I received your letter by this day's post. I wrote to
you last post informing you there was no danger of the supplies
for Lebeuf. I cannot conceive how the idea could have
originated. We have always had a large supply of provisions at
Cussawago & Fort Franklin, & only required a few men to escort,
but could not get them from Lebeuf; & the disturbances in this
country excludes all ideas of drafting the militia; but since I
have rec'd the Governor's permission to embody the settlers at
Cussawago, there can be no apprehension of a failure.
We were in some hope, that the terms proposed by the
commissioners, would have quieted the disturbances here, but I
am now confident we shall be involved in all the horrors of a
civil war. The violences of the people will not permit them to
listen to the cool voice of reason--every person of sensibility
must feel the dreadful situation this country is reduced to,
from a most improving & nourishing condition. I think we are now
in a more dangerous situation than before the assemblying of the
armed people at Bradock's field. I expect nothing else but
another embodying for some dreadfull purpose.
You will have to wait patiently for the account you required me
to send you, as we are greatly engaged to take care of ourselves.
Am, D'r Sir, your Hum. Serv't,
JNO. WILKINS, JR.
Col. CLEMENT BIDDLE, Philadelphia.
JUDGE ADDISON TO GOVERNOR MIFFLIN.
Pittsburgh, 5th Sept., 1794.
Sir:--In these times of suspicion and danger, I think it proper
to communicate the inclosed as containing a part of my publick
conduct as an officer. I can assure you, Sir, that on [223]
this, and on all former occasions, in which I have, in like
official capacity, endeavored to maintain the publick peace, I
have spoken not only the language of duty but of the heart.
The issue of this business is altogether uncertain, and I cannot
say that it is yet at all promising. If confusion and war should
ensue, my presence in this country may be unnecessary, and my
absence may even be compelled. Whether a restraint will be laid
upon me either in going or staying, I know not, But I hope I
shall have your approbation in adopting any measure that may
appear the most prudent and useful.
You will please to consider this letter as intended only for
your inspection or that of Mr. Dallas. If the publication of the
Charge (See page 201) should by you or him, be thought proper,
it may be done with as you please.
I am, Sir,
your most obed't serv't,
ALEX. ADDISON.
THOMAS MIFFLIN, Governor of Pennsylvania.
COL. ALEX. RUSSELL TO GEN. HARMAR.
YORK TOWN, September 6th, 1794.
SIR:--I am sorry to say that too great delay has unavoidably
taken place in drafting the quota of Militia required by your
Orders of the 8th 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 I was in 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. I have, however, been assiduous in the
business, & fully expect the required quota in readiness in the
course of next Week. I have to inform you, that no dependence
can be put on any Arms or Equipments in the County being fit for
service. I have received from the former County Lieutenant, near
fifty Musquets, all unfit for service; some without Locks, and
all without Bayonets; and though I have applied to the Gunsmiths
here, cannot get them repaired. Upon the whole, we must, on the
present occasion, depend upon a supply of Arms and equipments of
all kinds, from Government, for the whole quota. I am fully
convinced, Sir, for my own part, that, exclusive of the present
necessity, 500, or 1,000, Stand of Arms & accoutrements in this
County, carefully put into the hands of Select Volunteer
Companies, would give new vigour to [224] the Troops, and be a
means of a more immediate and cheerfull compliance with a call
in case of any emergency. Indeed, the law, as it stands, I am
sorry to say, holds forth no encouragement, but rather appears
calculated to have a contrary tendency.
I am, Sir,
your most Obed't humble Servant,
A. RUSSELL, Brigade Inspector.
TO JOSIAH HARMAR, Esq'r, Adjutant Gen'l of the Militia of
Pennsylvania.
GOVERNOR MIFFLIN TO GEN. HARMAR.
PHILADELPHIA, 8th Sept'r, 1794.
SIR:--As I think that the honor of the State is peculiarly
interested in manifesting a determination to suppress by every
legitimate means the insurrection which exists in the Western
Counties, I have waited, with the greatest anxiety, for the
execution of the instructions that were issued, in order to
organize a Body of Militia to be employed in that service,
agreeably to the President's requisition of the 7th ultimo. It
is with the utmost mortification, therefore, that I now discover
in the returns which you have communicated to me so great an
indisposition in some of the brigades to comply with that call,
or so essential a defect of power in the officers to enforce it
as leaves but little hope that our quota can be seasonably
raised by the ordinary course of proceeding.
Thus situated, I must either expose the State to the reproach
and disgrace of an official representation, declaring the
incapacity or the unwillingness of its militia to assist in
restoring the violated authority of the laws, or I must resort
to the spirit and patriotism of individuals to supply
immediately by voluntary enrolments the deficiency of the
regular drafts. Impressed with the importance of the occasion,
and attached to the reputation as well as to the peace of our
country, I cannot hesitate in this alternative to prefer the
latter measure.
You will be pleased, therefore, Sir, with all possible dispatch,
to renew, in the most pressing terms, your instructions to the
several Brigade Inspectors under the general orders of the
eighth ult., and inform them, at the same time, that for the
whole, or for so much of their respective quotas as cannot be
seasonably supplied by regular drafts, they may admit and return
the Voluntary enrolments of any well disposed citizens. For my
own part, though I lament the dreadful necessity of an appeal to
arms, I avow a readiness, personally to engage in the service
[225] which our country at this crisis requires, and shall
accompany my fellow citizens to the scene of duty with alacrity
& confidence. Should even this arrangement fail, I invite every
patriotic citizen to consider himself included in the
requisition, and on the day which shall be appointed by the
President for repairing to the rendezvous I will march with
those who shall attend.
It is obvious, indeed, to every reflecting mind, that if our
Governments are worth preserving, an immediate & decisive
exertion must be made. The judiciary department having proved
incompetent to discharge its functions, should the conciliatory
efforts of the Executive be, likewise, abortive, we can have no
other resource at this period than in the military strength of
the Nation. Let every citizen then put his hand upon his heart
and declare, whether anything has been omitted which could
reasonably be employed to reconcile the Insurgents to their
duty, and if nothing has been omitted, let him add, whether he
is willing to abandon as a prey to anarchy, the freedom and
independence which we have so recently rescued from the hand of
usurpation? Or whether, as an alternative, he is prepared to
leave them to the protection and support of a standing army? A
free republic can only be established by the will of the people;
it can only be perpetuated by their affection and attachment.
I shall submit these instructions to the Legislature, in whose
aid and countenance on the present occasion I repose unlimited
confidence, but I shall postpone any official communication to
the President, till the effects of my proposition are ascertained.
I am, Sir,
Your most obedient servant,
THOMAS MIFFLIN.
To JOSIAH HARMAR, Esq., Adjut. Gen. of the Militia of Pennsylvania.
THE ADDRESS OF THE SENATE TO GOVERNOR MIFFLIN.
IN SENATE,
Monday, September 8, 1794.
SIR:--While we lament with sincere grief and mortification, the
very serious event that has occasioned the exercise of the
Executive authority, to convene the General Assembly upon
extraordinary occasions, we entertain a just sense of the
patriotic motives which have regulated your conduct at so
critical a period, and on our part, shall consider any private
sacrifice as [226] amply compensated, by the opportunity of
contributing to restore public tranquility and order.
The judicious, liberal and energetic measures which appear to
have been pursued, as well by the General as by the State
Government, will, we trust, produce the most beneficial effects
in convincing our deluded fellow citizens in the western parts
of the State, of the necessity of an immediate return to the
duty which they owe to their country. But however highly we
approve and applaud the moderation that our governments have
hitherto manifested, we cannot hesitate to declare, that if the
issue of their conciliatory propositions should be unpropitious
to our wishes, we will co-operate with you in the most vigorous
exertions of our constitutional powers to restore the violated
authority of the laws; for we are sensible Sir, that, unless
that wholesome subordination to the laws, which confers on
virtue its merited safety, which secures to industry its
laudable acquisitions and which shelters freedom from the blasts
of licentiousness, can be introduced and preserved, we shall
boast without pretext, of equal rights and civil liberty.
Though we cherish the pleasing hope that the present concussion
will terminate in the triumph of virtue and reason, we shall
not, Sir, omit or suspend the necessary preparations to
maintain, at all events, the dignity of the Commonwealth. In the
course of our deliberations, the various subjects of your
address will receive a due attention, and we indulge a perfect
confidence that you will on all occasions, employ your
constitutional powers and personal influence, to establish the
public order of the State, and to advance the private happiness
of our fellow citizens.
By order of the Senate,
ANTHONY MORRIS, Speaker.
SECRETARY OF WAR TO GOVERNOR MIFFLIN.
WAR DEPARTMENT, Sept. 9th, 1794.
SIR:--The last intelligence from the Western Counties of this
State, which has been communicated to you, 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 a
necessity of putting in motion, without further delay, all the
militia which have been called for.
I am, therefore, instructed by him to request that your
Excellency will immediately cause the quota of this State to
assemble. The general rendezvous appointed by the President,
[227] for all those who may not lie westward of it, is Carlisle,
where also the Jersey Militia will be ordered to repair without
delay. Particular places of rendezvous for local convenience
will be regulated by your Excellency. I was glad to understand
from you, in conversation, that Philadelphia, Reading and
Lancaster were intended, as at these places the United States
have already contracts. Will it not be most convenient for the
militia to bring with them their own supplies from their own
homes or neighbourhoods to the places of first rendezvous to be
compensated for them by the public?
The Superintendent of military Stores, Mr. Hodgdon, will wait
upon you to ascertain what proportions of tents and camp
equipage ought to be sent to the different places of rendezvous,
in order that the Militia may be accommodated in the most
convenient manner.
I shall in the course of the day call on your Excellency to
adjust in a personal conference anything further that may occur.
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 as shall maintain unsullied her
character for discernment, love of order, and true patriotism.
It is unnecessary to add, that the part she shall act is of
peculiar consequence to the welfare and reputation of the whole
Union.
With the highest respect, I have the honor to be,
Your Excellency's Most obed't Serv't,
ALEXANDER HAMILTON.
on behalf of the Sec'y of War.
His Excellency Governor MIFFLIN.
ORDERS OF THE GOVERNOR FOR CONFERENCE WITH THE MILITIA OFFICERS.
PHILA., Tuesday, September 9th, 1794.
The Governor deeming it proper upon this important occasion to
call a meeting of the officers of the Militia of the City and
County of Philadelphia and the other Counties, included in the
requisition of the eighth of August last, to wit: The Counties
of Chester, Delaware, Montgomery, Bucks, Northampton, Berks,
Lancaster, York, Dauphin. Cumberland and Franklin, this day
instructed the adjutant General to issue General orders, for
calling the officers of the City and County of Philadelphia, and
several Counties, to meet the Governor on the days and at the
places mentioned in the following Schedule:
[238] 1. Philadelphia, City and County, 10th September.
2. Chester, Turk's head, Monday, 15th September, 2 o'clock.
3. Delaware, Chester, Tuesday, 16th September, 2 o'clock.
4. Montgomery, Norristown, Friday, 19th September, 2 o'clock,
5. Bucks, Newtown, Saturday, 20th September, 2 o'clock.
6. Northampton, Allentown, Monday, 22d September,2 o'clock.
7. Berks, Reading, Wednesday, 24th September, 2 o'clock.
8. Lancaster, Lancaster, Friday, 26th September, 2 o'clock.
9. York, York, Monday, 29th September, 2 o'clock.
10. Dauphin, Harrisburgh, Wednesday, 1st October, 2 o'clock.
11. Cumberland, Carlisle, Thursday, 2d October, 2 o'clock.
12. Franklin, Chambersburgh, Friday, 3d October, 3 o'clock.
RESOLVES OF OHIO COUNTY, VIRGINIA.
Resolutions adopted by a meeting of delegates consisting of two
members duly elected from each militia company in Ohio county,
in the State of Virginia, held in West Liberty, on the 8th and
9th days of September, 1794:
1. Resolved, As the opinion of this committee, That we conceive
the excise system to be oppressive in its nature, and hostile to
the liberties of the people, in particular to those of the
Western country, and a nursery of vice; and the funding system a
nursery to the excise; the revenue arising from thence is a
nursery and support to sycophants.
2. Resolved, That a direct tax on real property would discourage
the men of wealth from engrossing lands profusely, and would
afford the industrious men of middle and low class an equal
privilege with those of the rich--which ought to be the true
object of a republican government.
3. Resolved, That we draft a remonstrance, praying the Congress
of the United States of America to repeal the Act for raising a
reveune from spirits distilled from the growth of the United
States and stills; a land office west of the Ohio river be
opened, and the free navigation of the Mississippi river be
immediately procured: That William McKinley, Archibald Woods,
John Connell, Robert McClure, and Robert Stephenson, do prepare
and draft the same.
4. Resolved, That we hold a correspondence with our brethren in
the neighbouring counties of Virginia and Pennsylvania.
5. Resolved, That the inhabitants of the United States, west of
the Allegheny mountains, are entitled, not only by nature, but
by treaty, to the free navigation of the Mississippi river; The
Tardy and ineffectual negociations pursued by government, [229]
are observed with concern and regret, as they are uniformly
veiled with the most mysterious secrecy, which is a violation of
the political rights of the citizens in general, as it declares
that the people are unfit to be trusted with important facts.
6. Resolved, That the taking citizens of the United States from
their respective counties, to be tried for real or supposed
offences, is a violation of the rights of free citizens, and
ought not to be exercised by the judicial authority.
7. Resolved, That the withholding the country west of the Ohio
river from being settled, is repugnant to the true interest of
the people. A generous land office ought to be opened, in order
that the citizens in the Western country may have an equal
privilege of procuring lands with Europeans, and those of our
fellow citizens whose situation is not so remote from the seat
of government.
8. Resolved, That the exorbitant wages allowed to the officers
of the general government ought to be reduced and the wages of
the soldiers in the army of the United States be immediately
advanced.
9. Resolved, That we are ready and willing at the risk of our
lives and property to support just and equitable laws, to deny
our confidence to those members of government and others whose
interest is different from that of the people at large, and at
the same time revere those members who act from true republican
principles, such as a Madison, a Findley, &c., &c.
10. Resolved, That the above be printed in the Pittsburgh Gazette.
Adjourned until the 18th inst.
Signed by order of the Committee.
DAVID CHAMBERS, Chairman.
Attest:
ARCHIBALD WOODS, Clerk.
SPECIAL MESSAGE OF GOVERNOR MIFFLIN TO THE ASSEMBLY.
PHILADELPHIA, 10th Sept., 1794.
To the Senate and, House of Representatives of the General
Assembly of the Commonwealth of Pennsylvania:
GENTLEMEN:--The state of the negotiation with the deluded
inhabitants of the western counties rendering it very doubtful
whether peace and order can be restored without the aid of a
military force, the President has requested me immediately to
assemble the quota of the militia of this State destined for
that [230] service. Under the circumstances which I have already
described to you, I cannot withhold an active and personal
interposition to prevent the disgrace that must attend the
non-compliance with this requisition. I have, therefore, on the
principles stated in my last message, exhorted the officers of
the militia of the city and county of Philadelphia to exert
themselves for their own honor and for the sake of their
country, and I purpose to call on every brigade included in the
requisition in the same manner and for the same purpose. Be
assured, Gentlemen, our Fellow Citizens will on this occasion
maintain their character as friends to law and order, and to
ensure success, I have only to repeat an earnest solicitation
that our joint exertions may not be defeated by a parsimonious
policy.
The necessary attention to my executive duties under the
President's requisition will probably require my absence from
the city for a few days, but I shall make it a point to return
before any objects of a legislative nature can be matured for my
consideration.
I cannot avoid taking this opportunity to express my sanguine
expectation that the continuance of a mutual confidence between
the Legislative and Executive Departments of our Government will
give energy to all our measures, and convince our Fellow
Citizens that while we comprehend the extent of our duties, we
are not wanting in zeal or power to perform them.
THOMAS MIFFLIN.
ORDERS OF GEN. HARMAR.
PHILADELPHIA, Sept. 10, 1794.
General Orders.
Col. Clement Biddle, the Quarter Master General of the State
Militia is directed immediately to lay out an encampment for the
quota of the city and county of Philadelphia Brigades under the
President's requisition of the 7th instant, as near to the west
bank of the Schuylkill as he can find a proper and convenient
place. He will, likewise, forthwith provide the requisite supply
of arms and Quarter Master Stores, and make the necessary
arrangements for furnishing wagons, Bat. Horses, and all other
supplies within his Department.
The Governor takes this opportunity of returning his most
cordial thanks to the officers of the brigades of the city and
county of Philadelphia, for the prompt and unanimous declaration
of their determination to support the measures of govern- [231]
ment at this crisis. A conduct so honorable and patriotic was to
be expected from their past, and will ensure success to their
future exertions, in the cause of their country. He is
confident, that actuated by similar principles, every citizen
will be eager to manifest his attachment to law and order, and
that on Wednesday next, agreeably to appointment, the quota of
the city and county of Philadelphia will rendezvous at the
encampment; completely prepared to march. It is expected that
each militia man will bring with him a blanket, and if
convenient, a knapsack and canteen.
The adjutant of the several regiments and independent corps are
desired to ascertain and report to the adjutant general before
or on the day of rendezvous, the state of their drafts or
voluntary enrollments of their respective regiments, and of
their equipments.
In order to facilitate and expedite the public service, the
adjutant general has obtained the consent of the Governor to
employ major Rees as an assistant in his Department, of which
due notice will be taken.
By order of the Commander-in-Chief,
JOSIAH HARMAR, Adjutant General of the Militia of Pennsylvania.
ORDERS OF GEN. HARMAR.
PHILADELPHIA, 10th September, 1794
General Orders.
The Governor requests that the Officers of the City and County
Brigades will meet him in the Common Council Chamber, at the
City Hall, at 12 o'clock this day, on business of great
importance to the honor of the Militia and the peace of the
Commonwealth.
By order of the Commander-in Chief,
JOSIAH HARMAR, Adjutant General of the Militia of Pennsylvania.
ADDRESS OF GOV. MIFFLIN TO THE MILITIA OF PHILADELPHIA.
WEDNESDAY, September 10, 1794.
FELLOW CITIZENS:--I have convened you upon an occasion as
interesting as any that has occurred since the establishment of
our Independence, or even during the struggle to obtain it.
[232] You all know the state of the insurrection in the Western
Counties. The hostile opposition to Government has subverted the
powers of the Judiciary Department, and there is reason to
apprehend that every conciliatory effort to recall the
insurgents to a sense of the duty they owe to their country will
prove ineffectual. I declare to you, with the utmost sincerity,
that I have been anxious by every honorable means to avoid any
appeal to arms, but all the General or State Government can do
to restore peace upon other terms seem likely to be in vain.
Even those who were employed by the insurgents to confer with
our Commissioners, have acknowledged that nothing more could be
reasonably expected from Government.
Under these circumstances, you are called upon to determine, as
Freeman and officers, what part you will act. From the defects
in the Militia System, or some other unfortunate cause, the
attempts to obtain our quota of Militia by regular drafts have
failed, and unless we can supply the deficiency by voluntarily
enlistments, the Honor of the Militia will be tarnished, and the
Peace of the Commonwealth perhaps irretrievably destroyed.
Thus reduced to the embarrassment of our present unprepared
situation, I do not hesitate to declare, that I consider every
patriotic citizen bound to lend an attentive assistance to the
measures of government; but with respect to the militia officers
in particular, I am impelled by the most sacred duty, which a
Magistrate can feel, to require an explicit and immediate
declaration of their determination to act at this crisis or a
resignation of their Commissions that others may be appointed to
perform the indispensable service which our Country demands.
In proposing this alternative to you, Gentlemen, I anticipated a
decision the most honorable to yourselves and the most
beneficial to the State. I shall, therefore, content myself, in
that respect, with enquiring at what time you will be prepared,
with your quotas, to join me in the march to the place of
rendezvous. The President's request for assembling the Militia
of Pennsylvania, was received yesterday, and we cannot indulge a
moment's delay in complying with it, if we mean to rescue our
Militia and our Government from the disgrace that threatens.
You will be pleased, my fellow citizens, to favor me freely and
candidly with your sentiments on this occasion. With respect to
my own opinion, it is this: That each officer should endeavour,
either by drafts, or by voluntary enrollments, to raise as many
men as he can, before the day fixed for their parading; and that
on the day so fixed, they should muster at my tent, which shall
be fixed in the neighborhood of the City, for the purpose of
enrolling the Men, and instructing the officers in the route. I
[223] shall proceed the same way in each County, including the
present requisition, till I have completed the stipulated
numbers; and I trust we shall yet reach the place of rendezvous
in time to prevent all hazard of discredit and reproach.
The arms, ammunition, camp equipage and rations will be
punctually and plentifully provided, and I have every reason to
believe that the Legislature will be enabled to allow an
additional pay, or an adequate bounty, for the service to which
the Militia are now called; their families will likewise be paid
a weekly reasonable sum out of that allowance from the
respective county Treasuries.
Let us not, Gentlemen, be perplexed by prejudices or partial
considerations unconnected with the subject. It is no matter of
enquiry at this time whether any acts of Congress are politic or
not, whether they ought to be repealed or not; the questions are
whether our governments are worth preserving, and if so, whether
we will tamely and silently see them destroyed, or openly and
firmly appear in support of them. Listen to the Language of the
Insurgents and your spirit will rise with indignation,--they not
only assert that certain laws shall be repealed, let the sense
of the majority be what it may, but they threaten us with the
establishment of an Independent Government, or a return to the
allegiance of Great Britain. Their cruelty and insolence towards
General Neville and Major Lenox, the insults which they offered
to the Commissioners on their return from their pacific mission,
(surrounding their lodgings, and breaking their windows,) and
the menaces of violence of the family of General Neville, should
the Government proceed to enforce obedience to the laws, are
circumstances so flagrant, so iniquitous, and so dastardly, that
for my own part I consider the conduct of the Tories during the
war to have been temperate and magnanimous compared with the
course of the present opposition.
For the honor of the militia, for the sake of our laws, and for
the preservation of the Republican principle, let us then,
Gentlemen, unite, and remember that if we cannot reform, it is
our duty to punish those who endeavour to plunder us of every
right and privilege that is dear in the estimation of freemen.
It only remains to repeat my propositions. Are you willing to
serve your country; to save your constitution, and to assist in
securing from anarchy, as you did from despotism, the freedom
and independence of America? You will not hesitate. Then,
Gentlemen, when will your quotas be ready to attend?
Your immediate decision is necessary to enable me to regulate my
tour through the other Counties.
[234] MAJOR REES TO GOVERNOR MIFFLIN.
PHILAD'A, 10th Sept., 1794.
SIR:--Honored with an appointment I conceive to be of importance,
and solicitous to discharge the duties with advantage to my
country and credit to myself, I beg leave to ask your opinion
and orders on the following subjects, the necessity of which
arises from my recent appointment:
The Brigade Inspector for the first Brigade, as far as orders
have been given by him, has directed every Company to be divided
into eight classes, of ten men each; the first ten are, I
presume, the first in requisition for the western service, being
eighty-three from each Regiment, officers included, Commanded by
the Captain of the first Company, Lieutenant of the second, and
Ensign of the fourth Company--so that the five Regiments
composing the Philad'a Brigade will, with the Company Officers
included,
furnish . . . 415 men.
Artillery Reg't, 10 men from each Company & Officers included .
. . 84
Three Troops of Horse, 20 men each, including 4 officers . . . 60
Subtotal . . . 559
Three field officers and one adjutant . . . 4
Total . . . 563
being 4 above the requisition from the City. And as it is
probable that all who are noticed for duty may not serve, nor
furnish a substitute, shall the classes be completed by
volunteers, or shall the 2d Class be resorted to? If from
volunteers, are the Colonels and other officers authorized to
promise them a compensation for their services, and that their
service on this occasion will be considered as their tour of
duty anticipated. In order to ascertain the sufficiency of the
order for classing, would it not be advisable that the Adju't
General or myself order the several Classes of artillery, Horse,
Grenadiers, and Infantry, to parade for inspection on Saturday
next, after which the number of volunteers necessary can be
ascertained with precision?
The quota of the City of Philad'a being 559 men, it is presumed
will assume the form of a Regiment, commanded by a Colonel and
two Majors, aided by an adjutant; but as the Law is not so
definite, as it might be, with regard to the appointment of
these officers, I beg leave to ask whether I am correct in my
opinion, that the Colonel of the 1st Regiment, first major of
[235] the 2d Regiment, and 2d Major of the fourth Regiment, are
to be immediately warned for this service, but as to an
adjutant, no mention is made of him for Detachments or Classes.
It is, however, proper that one should be warned for duty.and
perhaps the Colonel commanding would prefer his own adjutant.
Drummers and Fifers it will be difficult to procure, unless
handsome pay is offered; you will, therefore, be good enough to
make me acquainted with the Compensation that will be made them,
independent of the Pay granted by law. A regimental or State
standard will be requisite, and it would, perhaps, be well that
I were informed on this subject also.
You have been pleased to honor me with an appointment not
contemplated by Law, and as in the execution I must incur
expense for my support, should it be necessary for me to march
with the Detachment; you will, I hope, pardon my mentioning the
necessity of some provision therefor, if there be necessity for
my services in Camp, of which I should wish immediate notice
that I may provide accordingly. Is Wednesday the day on which
the Detachment is to march and encamp, or only the day on which
to have all in readiness for your review and order.
I am very respectfully, Sir,
your most obedient and humble servant,
JAMES REES, Dep'y Adj't General.
THOMAS MIFFLIN, ESQ., Governor of the State of Pennsylvania.
COL. FRANCIS JOHNSTON TO GOVERNOR MIFFLIN.
PHILAD'A, Sept. 10th, 1794.
SIR:--Anxious to evidence an attachment to the Governments of the
Union and of the State in which I was born & educated, both of
which have been established after many serious conflicts, in my
opinion, upon genuine principles of Republicanism & Free
Representation, I am naturally lead by your Example, as
expressed in your letter to the Adjutant General, to offer my
services as a Volunteer in the old City Troop, to assist in
quelling the present unhappy Disturbances, which not only
threaten the tranquility and good Order but even the Existence
of the Union.
My Exertions, it is true, can be of small moment in the general
Scale, but such as I can render, shou'd you think it compatible
with the Duties I owe the Public at this time in the Character
of Receiver Gen'l of the Land Office, you may always command,
[236] and with promptitude your Commands I will endeavor to obey.
I have, Sir, the Honor to be,
Your Most Obedient & very H'ble Serv't,
FRA'S JOHNSTON.
THOMAS MIFFLIN, Governor.
RESOLUTIONS OF THE PENN'A SENATE.
IN SENATE
Wednesday, September 10, 1794.
WHEREAS, The disaffection of some of the Brigades of the City
Militia of Pennsylvania, to the service which they are
constitutionally required to perform, by the President of the
United States, as communicated in the message of the Governor of
the 10th instant, (involving circumstances highly derogatory to
the reputation and injurious to the interests of the
Commonwealth,) demands the most serious attention of the
Legislature to the investigation of the causes that have
produced such a dereliction of duty. Such enquiries are more
peculiarly necessary in the present instance, considering the
object of this armament is to quell an insurrection of a deluded
people in our own State, who have daringly avowed an open
resistance to the operation of the laws--and further considering
there is reason to believe, that our Sister States, who are more
remotely affected by the consequences, have with singular
alacrity furnished their respective quotas--therefore, in order
to obtain the necessary information on the subject.
Resolved, That the Secretary of the Commonwealth be, forthwith,
required to lay before the Senate copies of all official acts
and proceedings of the Executive, as well as the returns that
have been made by the militia Officers, that have relation to
the calling out the apportioned Militia of this State, in
compliance with the requisition of the President of the United
States dated the 7th ultimo.
Extract from the Journal.
T. MATLACK, Clerk of the Senate.
A. J. DALLAS, Secretary of the Commonwealth of Pennsylvania.
[237] SECRETARY DALLAS' REPORT TO THE SENATE.
SECRETARY'S OFFICE,
PHILA., September 10, 1794.
In obedience to the resolution of the Senate, passed this day,
requiring "the Secretary of the Commonwealth, forthwith, to lay
before the Senate copies of all official acts and proceedings of
the Executive, as well as the returns that have been made by the
militia officers that have relation to the calling out the
apportioned militia of this State, in compliance with the
requisition of the President of the United States, dated the 7th
ult., the Secretary of the Commonwealth respectfully reports:
That copies of all the official acts and proceedings of the
State executive, in relation to the President's requisition of
the 7th ult., were laid before each branch of the Legislature,
together with the other documents referred to in the Governor's
address, at the opening of the present sessions.
That besides the written documents, parol instructions were
repeatedly given to the Adjutant General and other militia
officers, for the exertion of every lawful means to ensure a
punctual compliance with the requisition, and it appears, that
in consequence of such instructions, the Adjutant General has,
at several times, renewed his applications to the Brigade
Inspectors. That the Inspector of the city of Philadelphia
Brigade, has, almost daily, called at the Secretary's Office,
with representations of the embarrassment which he experienced
in complying with the requisition, and has repeatedly expressed
his doubt of success, in consequence of the defects in the
existing militia law. That notwithstanding the Governor issued
his General orders in compliance with the President's
requisition, on the very day it was received, and immediately
forwarded the same by expresses to the several counties, no
returns have been made from the City of Philadelphia, the county
of Lancaster, the county of York, the county of Berks, the
county of Franklin, and the county of Northampton.
That returns (copies of which are herewith delivered) have been
received from Brigade Inspectors of the following counties, to wit:
1. Return from the county of Philadelphia, dated the 29 day of
Aug., 1794, 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."
[238] 2. Return from the county of Bucks, dated the 5th day of
Sept., 1794, stating that "the pay of the militia, so
universally objected to, that there is no hope of completing the
quota of the county upon the present terms of service."
3. Return from the county of Montgomery, dated the 3d Sept.,
1794, Stating that "agreeable to the orders of the 8th of Aug.,
1794, for drafting 332 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 in obtaining an
actual organization of the corps.
4. Return from the county of Chester, dated the 28th August,
1794, stating that some officers have actually resigned and
others wish to resign, and concluding with this remark: "The
west and north-west 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 law
is rigorously executed, it will be with great difficulty I shall
be able to make up our quota; but be assured no exertions shall
be wanting, &c."
5. Return from the county of Delaware dated the 6th Sept., 1794,
stating a variety of difficulties that leave little hope of
procuring by regular drafts the quota of this county.
6. Return from the county of Dauphin, dated the 29th 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 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."
The Secretary respectfully begs leave to add that from a variety
of documents, not called for by the Resolution of the Senate,
and which it would require a considerable time to collect, there
appears to be a general complaint of the want of arms throughout
the State.
A. J. DALLAS, Secretary of the Commonwealth.
[239] ORDERS OF GEN. HARMAR.
PHILADELPHIA, 11th Sept., 1794.
GENERAL ORDERS.
The President of the United States having issued his requisition
for immediately assembling the quota of the militia of this
State, drafted in pursuance of the general orders of the 8th
ult, the Governor directs that the Adjutant General forthwith
notify the same to the Major General, Brigadier Generals and
Brigade Inspectors of the detachment, who will, with all
possible dispatch, parade their respective quotas and march to
the general rendezvous at Carlisle, in the county of Cumberland,
in the following order and route, to wit:
1. The quota for the city and county of Philadelphia and county
of Montgomery, to assemble at the camp on the west bank of
Schuylkill, near Philadelphia, where they will be furnished with
arms and equipments and camp equipage, and to march by the way
of Reading and Harrisburgh to Carlisle.
2. The quota for the counties of Chester and Delaware to
assemble at Downingtown, where they will be furnished with arms
and equipments and camp equipage, and to march from thence by
the way of Lancaster and Harrisburgh, where they will join
Brigadier General Procter's brigade, and proceed to Carlisle.
3. The quota for the counties of Bucks, Northampton and Berks to
assemble at Reading, where they will be furnished with arms and
equipments and camp equipage, and march from thence by way of
Harrisburgh to Carlisle.
4. The quota of Dauphin county to assemble at Harrisburgh, there
to receive their arms, equipments and camp equipage, and join
Brig. Gen'l Murray's brigade, and proceed to Carlisle.
5. The quota of Lancaster county to assemble at Lancaster, there
to receive their arms, equipments and camp equipage, and to
march by way of Harrisburgh to Carlisle.
6. The quota of York county to assemble at Yorktown, there to be
furnished with arms, equipments and camp equipage, and to
proceed direct to Carlisle.
7. The quota of Cumberland and Franklin counties to assemble at
Carlisle, and there be furnished with arms, equipments and camp
equipage.
It is expected that each militia man will bring with him a
blanket, and if convenient, a knapsack and canteen.
The Quarter Master General will make the necessary arrangements
for furnishing the several quotas of the militia as they arrive
at the places appointed for assembling, with arms, accou- [240]
trements and camp equipage, and provide for the supply of wood,
straw and forage.
Each company complete will be allowed one covered waggon with
four horses, which is to carry their tents and camp kettles, but
to be incumbered as little as possible with baggage, as every
man is to carry his own pack; and the waggons finding their own
forage and provisions for the driver will be paid by the Quarter
Master General of the State, at the rates to be established, and
he requests that they may be engaged to continue in service
during the expedition.
By order of the Governor.
JO8IAH HARMAR, Adjutant General of the militia of Pennsylvania.
JONA. WILLIAMS * TO GOVERNOR MIFFLIN.
MOUNTPLEASANT, Septem'r 11, 1794.
SIR:--Not being called upon in a Line of militia Duty, & being
impressed with the eventfull Importance of the present Crisis, I
cannot hesitate in making an offer of my personal services in
any way you think proper to command. Should you, however, have
no particular occasion for my services, my Intention is to join,
as a private, one of the Bodys of Cavalry.
I am, with the greatest Deference & Respect,
Your most obed. & most humble servant,
JON. WILLIAMS.
GOV. MIFFLIN.
GOVERNOR MIFFLIN TO THE BRIGADE INSPECTORS.
PHILADELPHIA, 11th September, 1794.
SIR:--Orders will be delivered to you by ___ ___ for summoning
the officers of your Brigade, to meet me at , at___, at ___
------------------------------------------------------------------------
*JONATHAN WILLIAMS, was born in Boston, in 1752. He received a
good education, was placed in a counting house, and made several
commercial voyages to the West Indies. Visiting France in 1777,
he was appointed U. S. commercial agent, and in 1785 returned
with his grand-uncle, Dr. Franklin, to America. He was several
years a judge of the court of common pleas of Philadelphia;
appointed major of artillery, 16th February, 1801; inspector of
fortification, December 4, 1801, and superintendent of West
Point academy; Lieut. Col. engineers, July 8, 1802; Colonel,
February 23, 1808. Elected to Congress from Philadelphia, 1814.
Died in that city, May 16, 1815. Gen. Williams was the author of
"Memoir on the use of the Thermometer in Navigation," 1799;
"Elements of Fortification," (trans.) 1801, and "Kosciusko's
Movement for Horse Artillery," 1808.
------------------------------------------------------------------------
[241] o'clock, on ___ next, upon business of great importance to
the honor of the Militia, and the peace of the Commonwealth.
You will pursue directions as ___ ___ shall give you for
preventing any disappointment in the proposed meeting; as
dispatch is of the utmost consequence to the object which I have
in view.
I am, Sir,
Your Most Obed. Serv.
THOMAS MIFFLIN.
To ___ ___, Esq., Brigade Inspector of the ___ Brigade.
[N. B.--The above letter was sent only to the counties of Chester
and Delaware.]
SECRETARY DALLAS TO BRIGADE INSPECTOR OF PHILADELPHIA.
SECRETARY'S OFFICE,
PHILA., 12th Sept'r, 1794.
SIR:--By the First section of the Militia act it is declared,
that only such inhabitants as shall be of the age of Eighteen
years, and under the age of Forty-five, are to be enrolled in
the Militia. By the 11th Section of the Act, it is declared that
the enrolled inhabitants of each company's bounds shall elect a
Captain, Lieutenant and Ensign.
As, therefore, it appears from your report of the 25th ultimo,
that the majority in favor of the Captain, Lieutenant and Ensign
of the Fifth Company of the Fifth Regiment, was produced by the
votes of three persons who were above the age of forty-five
years, and one person under the age of eighteen years--the
Governor is of opinion that those officers are not duly elected.
Should any doubt remain, however, you will be pleased to call on
the Attorney General, who will subjoin his opinion to this letter.
I am, Sir,
Your most obed. H'ble. Serv.
A. J. DALLAS, Secretary.
To JOSEPH KER, Esq., Brigade Inspector of the Militia of the
County of Philad'a.
[242] EDMUND RANDOLPH, SECRETARY OF STATE, TO GOVERNOR MIFFLIN.
PHILADELPHIA, Sep'r 12, 1794.
The Secretary of State, by the instruction of the President of
the United States, has the honor of inclosing to his Excellency,
the Governor of Pennsylvania, the inclosed letter from the
Secretary of the Treasury.
EDMUND RANDOLPH.
His Excellency the Governor of Pennsylvania.
ALEXANDER HAMILTON, SECRETARY OF THE TREASURY, TO PRESIDENT
WASHINGTON.
TREASURY DEPARTMENT
September 2, 1794.
SIR:--The state of my health since you were pleased to refer to
me the letter from Governor Mifflin, of the 22 of August, has
been such as to delay the necessary previous examination in
order to a reply, and prevents now its being as full and
particular as I had wished it to be.
I premise for greater clearness, that by official influence, I
understand, that influence which is derived from official
situation, whether exerted directly in the line of Office or
collaterally and indirectly in other ways.
It will readily be concurred that a spirit like that which has
been stated to have prevailed, would frequently discover itself
in forms so plausibly disguised and with so much duplicity of
aspect, as not to be capable of being rendered palpable by
precise specification and proof. It appeared, for example, among
other shapes in observations on the exceptionable nature of the
Laws tending to foment disatisfaction with them--in
recommendations of what has been called legal or constitutional
opposition, in a disrespectful and disparaging demeanor towards
the Officers charged with their execution, and in severe
strictures on what were denominated rigorous and irregular
proceedings of those Officers, calculated to foster public
contempt and hatred of them--in ambiguous hints Susceptible of
different interpretations, but easily applied by the passions of
those to whom they were addressed to purposes of opposition. To
enter into an exhibition of these instances would require a long
detail, an appeal to persons now within the discontented Scene
whose appre- [243] hensions would restrain them from becoming
voluntary witnesses, and would after all be liable to specious
controversy about their true import and nature.
I, therefore, confine myself to those instances of opposition
and discountenance to the Laws by persons in Office which are
uniquivocal.
Among those who composed the meeting, noticed in my report to
you of the 5th of August, referred to by the Governor in his
Letter, which was holden on the 23 of August, 1791, in the
County of Washington, were the following public Officers of
Pennsylvania,viz: James Marshall, Register and Recorder, David
Bradford, Deputy to the Attorney General of the State, Henry
Taylor and James Edgar, Associate Judges, Thomas Crooks, William
Parker, Eli Jenkins and Thomas Sedgwick, Justices of the peace,
and Peter Kidd, a Major of Militia.
Among those who composed the second meeting, noticed in the same
Report, which was holden on the second of September 1791, at
Pittsburgh, were, besides James Marshall and David Bradford,
above mentioned, the following public Officers of Pennsylvania,
viz: Edward Cook and Nathaniel Braden, Associate Judges,
Nehemiah Stokely and Thomas Moreton, Colonels of Militia, the
last a member of the Legislature of Pennsylvania, John Cannon
and Albert Gallatin, members of the Legislature of Pennsylvania,
the former since a Justice of the peace.
Among those who composed the third meeting, noticed in the same
Report, and which was holden at Pittsburgh on the 21 of August,
1792, were, besides John Cannon, David Bradford, Albert
Gallatin, James Marshall and Edward Cook, before mentioned, the
following public Officers of Pennsylvania, viz: John Smilie,
Member of the State Senate, Thomas Wilson and Samuel Greddes,
Colonels of Militia, William Wallace, then Sheriff, now Colonel
of Militia, John Hamilton, Sheriff and Colonel of Militia, and
Bazil Bowel, Captain of Militia.
It may happen in some instances that the Offices annexed to
particular names may not have been holden at the specified times
of meeting. But this cannot materially affect the consequence to
be drawn, as well, because it is believed, that the instances
which may have been omitted to be noticed are very few, as
because the conduct of the persons concerned has continued in a
uniform Tenor of opposition.
This circumstance has been noted in the cases in which it was
known to exist. These are of John Canon and William Wallace. It
is understood that the former was appointed by the Governor a
Justice of the peace in May last. The time of the appointment of
the latter as Colonel of Militia is not particularly known.
The evidence to which immediate reference may be made of [244]
the Agency of the foregoing persons at the meetings alluded to,
may be found in the cotemporary public Gazettes of Pittsburgh
and Philadelphia, which contained the proceedings at large of
those meetings with the names of the persons of whom they were
respectively composed. The Governor can be at no loss to obtain
more legal evidence of the fact if he desire it, and of the
identity of the persons.
The following cases present other instances of opposition to the
Laws by Officers of Pennsylvania: John Hamilton, before
mentioned Sheriff of a county and Colonel of Militia, is
affirmed by Jacob Forwood and Robert Johnson, Collector of the
Revenue, to have been one of a party who seized the said Johnson
when travelling about his duty, tarred and feathered him.
Caleb Mount, then a Captain, since a Major of Militia, stands
charged before Isaac Meason and James Finley, Assistant Judges,
by information upon oath of Benjamin Wells, Collector of the
Revenue, and his wife, with being of a party that broke into the
House of the Said Collector sometime in April, 1793.
Andrew Robb, a Justice of the peace, stands charged by
information upon oath before Jacob Beason, another Justice of
the peace, with having offered a reward of Ten pounds for
killing the Excise man, meaning as was understood, Wells the
Collector, This fact is stated on the information of the said
Collector.
James McFarlane, who commanded the Rioters in the second attack
upon the House of the Inspector of the Revenue, on the 17th of
July last, was a Major of Militia.
David Hamilton, a Justice of the peace, was the person who
previous to that attack, went to the House with a summons to
surrender.
William Meetkirk, a Justice of the peace, Gabriel Blakney, a
Colonel of Militia, and Absalom Beard, Inspector of Brigade,
were three of four persons who went as a Committee from the
Rioters assembled at Braddock's fields, on the ____ to demand of
the Inhabitants of Pittsburgh, the expulsion of Kirkpatrick,
Brison and Day, as friends to the Laws.
Edward Cook, the associate Judge already mentioned, was the
Chairman of a Committee at the same place, which ordered the
expulsion of John Gibson and Presly Neville for the same cause.
Satisfactory testimony of these several last mentioned facts,
can be had from Abraham Kirkpatrick and Presly Neville, now in
this City and well known to the Governor.
The following cases are instances of conduct in office, denoting
an unfriendly temper towards the Laws:
James Wells, a Justice of the peace and an associate Judge, upon
information of an assault committed upon John Wesbter, Collector
of the Revenue, in the execution of his duty in an [245] attempt
to seize some whiskey illegally distilled, told the Collector
that he had never read so worthless a Law as the Revenue Law of
Congress--that he expected no person in the Country would have
been rascal enough to take a Commission under it, that if the
whiskey had been seized, he would have thrown it into the road,
and he was sorry the person who made the assault had not knocked
down the Collector. No measures were taken to cause a redress
for the assault. This statement is made on the information of
the said Webster.
Jacob Stewart and William Boyd, Justices of the peace, severally
declined to issue process against Jacob Snyder, a distiller who
was charged before them, with having threatened another
distiller named Stoffer, with the burning of his House or some
other injury, if he should enter his still at an Office of
Inspection. This statement is made on the information of
Benjamin Wells, the Collector, who affirms to have received it
from Stoffer.
Joseph Huston, Sheriff of the County of Fayette, stands indicted
at a Circuit Court for having refused or declined the service of
Warrants and Subpoenas issued by Isaac Meason and James Finley,
assistant Judges of that County, in the case of the Riot which
was committed at the House of a Collector of the Revenue, in
April, 1793. This is the same with the instance mentioned in my
Report.
The following is a case of peculiar and rather of a mixed
complexion, relating both to conduct in office and conduct out
of office, and including in it a specimen of that species of
discountenance to the Laws which I have thought it most
adviseable as a general rule, to forbear entering into, but
which being in this instance, ascertainable by the
acknowledgments of the party and by respectable testimony at
hand, seems proper to form an exception to that rule, which may
be useful, by way of example and illustration.
It is mentioned in my Report, that the Supervisor of the
Revenue, in September, 1792, was sent into the refractory
counties among other things to collect evidence of the persons
concerned in the Riot, in Faulkner's case. When at Pittsburgh,
he applied by letter to Alexander Addison, President of the
Court of Common pleas, who resided at the Town of Washington, to
engage his assistance, in taking the Depositions of persons who
were named to him by the Supervisor as able to testify
concerning infractions of the Laws, and in causing some of the
best informed Witnesses to attend a Circuit Court of the United
States about to be holden at York Town.
The Judge not content with declining an agency in the business,
in his answer to the application, digresses into a Censure [246]
on the Judiciary System of the United States, which he
represents "as impracticable, unless it be intended to sacrifice
to it the essential principles of the liberty of the Citizens
and the Just authority of the STATE COURTS," and afterwards
declares, that were it his duty to do what was requested of him,
(which, however, he states in a manner different from what the
Supervisor seems to have intended,) "he should do it with
reluctance, because he should be serving a cause which he
thought unfavourable to liberty and the Just authority of the
State Courts."
Without examining the sufficiency of the reasons which led to
declining the agency proposed to him--without commenting upon the
observations which seek to derive a part of the Justification
for it from the resentment of the people against the Laws, and
the danger of losing their confidence by a compliance with what
was desired of him; topics, the propriety of which in the mouth
of a Magistrate might well be contested--it cannot admit of a
doubt, that there was a great unfitness in a Judge of
Pennsylvania indulging himself with gratuitous invectives
against the Judicary System of the Government of the Union,
pronouncing it to be impracticable, unfavourable to liberty and
to the Just authority of the State Courts. It is difficult to
perceive, in such a digression, the evidence of a temper cordial
to the institutions and arrangements of the United States. The
particulars of this affair have been long since in possession of
the Governor.
Judge Addison in a letter, an extract from which was lately
transmitted by the Governor to you, acknowleges in terms that he
"had endeavoured to inculcate constitutional resistance" to the
particular Laws in question. Here is proof by his own
confession, that the weight of his influence was exerted against
those Laws. It is not easy to understand what is meant by the
terms "constitutional resistance." The Theory of every
constitution pre-supposes as a first principle that the Laws are
to be obeyed. There can therefore be no such thing as a
"constitutional resistance" to Laws constitutionally enacted.
The only sense which I have been able to trace as that intended
by these terms, and the equivalent ones, "legal resistance,"
"legal opposition," which have been frequently used by the
opposers of the Laws, is that everything should be practiced to
defeat the execution of the Laws short of actual violence or
breach of the peace,--accordingly that endeavours should be used
to prevent the accepting or holding offices under them by making
it matter of popular contempt and reproach to do so, and by a
humiliating and insulting treatment of those who should accept
or hold those offices; that non-compliances with the Laws by
persons having Stills should be countenanced and promoted; [247]
that means of intimidation, guarded so as to escape legal
animadversion should be superadded, to discourage compliances,
to obstruct the establishment of offices of Inspection, and to
deter from attempts to coerce delinquents; in fine, that every
obstacle which was supposed not to amount to an indictable
offence should be thrown in the way of the Laws.
The conduct of Judge Addison, in particular instances, as it has
been represented, will perhaps afford no ill comment upon his
expressions.
Benjamin Wells, Collector, declares that the said Judge then
attending a Session of a Circuit Court as President, at a public
House, in the presence of Isaac Meason, an Assistant Judge,
expressed himself to him, Wells, in strong terms of
disapprobation of the Laws laying duties on Spirits distilled
within the United States, saying they were "unjust and
unequitable; that the money to be raised was unnecessary, and
that there was no use for it;" and afterwards at the same place,
and during the same Session of the Circuit Court, sitting at
dinner with a mixed company, spoke in terms of contempt of the
Offices of the Inspector and Collectors of the Revenue, and of
disrespect towards the Officers themselves. At the next term of
the Court, Wells went to the same Tavern, but was informed by
the Tavern Keeper and his Wife that he could not be received
there, assigning for reason that Judge Addison had declared that
if they took him in again he would leave the House.
Mr. Stokely, a member of the Pennsylvania Legislature for
Washington, States that Judge Addison wrote a letter or letters
in opposition to his election to the Legislature, and among
other objections to him mentioned his having applied for or
having had an intention to obtain an office in the Excise.
General Nevill, Inspector of the Revenue, mentions a
circumstance of a light but of an unequivocal nature to evidence
the prejudices against the Revenue Officers which were
manifested by Judge Addison, even from the Bench. It seems that
it was a practice, not unfrequent for the Judges when sitting in
Court to invite within the bar such persons who came into the
Hall as they deemed of respectability. Judge Addison, as General
Neville affirms, repeatedly, since the time of the meeting at
Pittsburgh, in August, 1792, has given such invitations openly
from the Bench to those who were supposed to be of that
description within view, omitting a similar call or invitation
to that officer though present. He adds that his own son,
Colonel Nevill, standing by his side in conversation with him,
has been thus invited, while the like attention was withheld
from him in a manner too marked to leave any doubt of the motive.
[248] As the call of the Governor is for particular cases, I
forbear to adduce confirmations of the prevailing Spirit of the
Officers alluded to from their extensive non-compliance with the
Laws in their capacity of distillers, and from the neglect to
bring to Justice offenders against them who were at the same
time breakers of the Peace of Pennsylvania. I observe, indeed,
on this point the Governor entertains a different impression
from that which I have, but after the most diligent enquiry, I
am not able to discover a Single case of the punishment of any
such Offender. There were indeed indictments found against
persons supposed to have been concerned in the violence upon the
maniac Wilson, and against others supposed to have been
concerned in an assault upon one John Conner, an old man, who
had been unknowingly the bearer of the Letters containing
processes which were sent by the Deputy Marshall as stated in my
Reports, but it is not understood that any of these were
prosecuted to Judgment. The only cases known of actual
punishment are of persons concerned in forcibly carrying off
certain Witnesses in the case of Wilson; but this was on a
Collateral point, and the cases of indictment respecting
transactions where humanity had been too much outraged to leave
an option, and where even punishment might have been inflicted
upon Ground distinct from that of suppressing opposition to the
Laws.
I can learn no instance of the conviction and punishment of any
person for a violence committed upon Officers or private
Citizens clearly on account of their agency under or friendly
disposition towards the Laws, which is the more remarkable, as
the Rioters in Faulkner's case are asserted to have passed in
open day through the Town of Washington, to have parleyed there
with Inhabitants of the Town, and to have been afterwards
entertained at two or three Houses.
I have contented myself, in the first instance, with indicating
particular cases, and the sources of information without a
formal exhibition of the evidence, because I could not foresee
what cases in the view of the Governor would be proper for that
animadversion which he seems to contemplate, because
considerable delay would have attended the collection of formal
evidence in all the cases, and because in many of them the
evidence is as accessible to the Governor as to myself, but I
stand ready to afford the aid of this Department in bringing
forward testimony in any Cases in which the Governor may
specifically desire it.
With the most perfect respect, I have the honor to be, Sir,
Your most obedient & humble Servant,
ALEXANDER HAMILTON.
The President of The United States.
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