hereafter), that the government of the United States is now at that point, where it is admitted, if the government of Pennsylvania was, the employment of force by its authority would be justifiable; and let the following extracts be consulted for the truth of the inference which has been just expressed. "Will not the resort to force, inflame and cement the existing opposition? Will it not associate in a common resistance those who have hitherto peaceably, as well as those who have riotously, expressed their abhorrence of the excise? Will it not collect and combine every latent principle of discontent, arising from the supposed oppressive operations of the federal judiciary, the obstruction of the western navigation, and a variety of other local sources? May not the magnitude of the opposition on the part of the illdisposed, or the dissatisfaction of a premature resort to arms on the part of the well-disposed citizens of the State, eventually involve the necessity of employing the militia of other States? And the accumulation of discontent which the jealousy engendered by that movement may produce, who can calculate, or who will be able to avert?"

These important questions naturally give birth to the following serious reflections. The issues of human affairs are in the hands of Providence. Those intrusted with them in society, have no other sure guide than the sincere and faithful discharge of their duty, according to the best of their judgments. In emergencies, great and difficult, not to act with an energy proportioned to their magnitude and pressure, is as dangerous as any other conceivable course. In the present case, not to exert the means which the laws prescribe for effectuating their own execution, would be to sacrifice those laws, and with them the Constitution, the Government, the principles of social order, and the bulwarks of private right and security. What worse can hapfrom the exertion of these means?

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If, as cannot be doubted, the great body of the citizens of the United States are attached to the Constitution, which they have established for the management of their common concerns—if they are resolved to support their own authority in that of the constitutional laws, against disorderly and violent combinations

of comparatively small portions of the community-if they are determined to protect each other in the enjoyment of security to person and property-if they are decided to preserve the character of republican government, by evincing that it has adequate resources for maintaining the public order—if they are persuaded that their safety and their welfare are materially connected with the preservation of the Union, and consequently of a government adequate to its exigencies; in fine, if they are disposed to continue that state of respectability and prosperity which is now deservedly the admiration of mankind-the enterprise to be accomplished, should a resort to force prove inevitable, though disagreeable and painful, cannot be arduous or alarming.

If, in addition to these dispositions in the community at large, the officers of the governments of the respective States, feeling it to be not only a patriotic but a constitutional duty (inculcated by the oath enjoined upon all the officers of a State, legislative, executive, and judicial), to support in their several stations the Constitution of the United States, shall be disposed, as occasion may require (a thing as little to be doubted as the former), with sincerity and good faith to co-operate with the government of the United States, to second with all their influence and weight its legal and necessary measures, by a legal and substantial concert, then the enterprise to be accomplished can hardly even be deemed difficult.

But if, contrary to the anticipations which are entertained of these favorable dispositions, the great body of the people should be found indifferent to the preservation of the government of the Union, or insensible to the necessity of vigorous exertions to repel the danger which threatens their most important interests, or, if an unwillingness to encounter partial inconveniences, should interfere with the discharge of what they owe to their permanent welfare; or if, either yielding to the suggestions of particular prejudices, or misled by the arts which may be employed to infuse jealousy and discontent, they should suffer their zeal for the support of public order to be relaxed by an unfavorable opinion of the merits and tendency of the measures which may be adopted; if above all it were possible that any of the State gov

ernments should, instead of prompting the exertions of the citizens, assist directly or indirectly in damping their ardor by giving a wrong bias to their judgment-or by disseminating dissatisfaction with the proceedings of the general government-or should counteract the success of those proceedings by any sinister influence whatever—then, indeed, no one can calculate, or may be able to avert the fatal evils with which such a state of things would be pregnant. Then, indeed, the foundations of our political happiness may be deeply shaken, if not altogether overturned.

The President, however, can suppose none of these things. He cherishes an unqualified confidence in the virtue and good sense of the people, in the integrity and patriotism of the officers of the State governments, and he counts absolutely on the same affectionate support, which he has experienced upon all former occasions, and which he is conscious that the goodness of his intentions now, not less than heretofore, merits.

It has been promised to show more particularly hereafter, that the government of the United States is now at that point where, it is confessed, if the State government was, the employment of force on its part would be justifiable. This promise remains to be fulfilled.

The facts already noted establish the conclusion; but to render it palpable, it will be of use to apply them to the positions which your excellency has been pleased to lay down.

You admit, that as the offences committed respect the State, the military power of the government ought to be employed, when its judiciary authority, after a fair experiment, had proved incompetent to enforce obedience or to punish infractions of the law; that if the strength and audacity of a lawless combination shall baffle and destroy the efforts of the judiciary authority, to recover a penalty or inflict a punishment, that authority may constitutionally claim the auxiliary intervention of the military power-that in the last resort, at the requisition and as an auxiliary of the civil authority, the military force of the State would be called forth. And you declare that the circumstances of the case evidently require a firm and energetic conduct on the part, both of the State and General Government.

For more than three years, as already observed, certain laws of the United States have been obstructed in their execution by disorderly combinations. Not only officers, whose immediate duty it was to carry them into effect, have suffered violent personal outrage and injury, and destruction of property, at different times, but similar persecution has been extended to private citizens, who have aided, countenanced, or only complied with the laws. The violences committed have been so frequent, and such in their degree as to have been matters of general notoriety and alarm-and it may be added that they have been abun dantly within the knowledge and under the notice of the judges and magistrates of Pennsylvania, of superior as well as inferior jurisdiction. If in particular instances they have been punished by the exertions of the magistrates, it is at least certain that their efforts have been in the main ineffectual. The spirit has continued, and, with some intervals of relaxation, has been progressive, manifesting itself in reiterated excesses. The judiciary authority of the United States has also, prior to the attempt which preceded the late crisis, made some fruitless efforts. Under a former marshal, an officer sent to execute process was deterred from it by the manifest danger of proceeding. These particulars serve to explain the extent, obstinacy and inveteracy of the evil.

But the facts which immediately decide the complexion of the existing crisis are these: Numerous delinquencies existed with regard to a compliance with the laws laying duties on spirits distilled within the United States and upon stills, An armed banditti, in disguise, had recently gone to the house of an officer of the revenue, in the night, attacked it, broken open the doors, and, by menaces of instant death, enforced by pistols presented at him, had compelled a surrender of his commission and books of office. Cotemporary acts of violence had been perpetrated in other quarters. Processes issued out of a court of the United States, to recover the penalties incident to a non-compli ance with the laws, and to bring to punishment the violent infractors of them, in the above mentioned case, against two of whom indictments had been found. The marshal of the dis

trict went in person to execute these processes. In the course of his duty he was actually fired upon, on the high road, by a body of armed men. Shortly after, other bodies of armed men (in the last instance amounting to several hundred persons) repeatedly attacked the house of the inspector of the revenue, with the declared intention of compelling him to renounce his office, and of obstructing the execution of the laws. One of these bodies of armed men made prisoner the marshal of the district, put him in jeopardy of his life, and did not release him till, for safety and to obtain his liberty, he engaged to forbear the further execution of the processes with which he was charged. In consequence of further requisitions and menaces of the insurgents, the marshal, together with the inspector of the revenue, have been since under the necessity of flying, secretly and by a circuitous route, from the scene of these transactions, towards the seat of government. An associate justice, pursuant to the provisions of the laws for that purpose, has, in the manner already stated, officially notified the President of the existence of combinations, in two of the counties of this State, to obstruct the execution of the laws, too powerful to be suppressed by the judiciary authority, or by the powers of the marshal.

Thus, then, is it unequivocally and in due form ascertained, in reference to the government of the United States, that the judiciary authority, after a fair and full experiment, has proved incompetent to enforce obedience to, or to punish infractions of, the laws; that the strength and audacity of certain lawless combinations have baffled and destroyed the efforts of the judiciary authority to recover penalties or inflict punishment; and that this authority, by a regular notification of this state of things, has, in the last resort, as an auxiliary of the civil authority, claimed the intervention of the military power of the United States. It results, from these facts, that the case exists whenaccording to the positions advanced by your excellency, in reference to the State government-when the military power may, with due regard to all the requisite cautions, be rightfully interposed; and that the interposition of this power is called for, not