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resolution appearing in the Senate on January 2, 1794, and passing the House March 4.* It was as follows:

"Article xi.—The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state."

There were other disturbances with which the government had to contend. The distillers of whiskey were gradually becoming more outspoken in their opposition to the excise law imposing duties on domestic spirits. The chief centre of the opposition was in the four western counties of Pennsylvania - Washington, Alleghany, Fayette and Westmoreland - where there were a large number of stills. As in that region a great quantity of whiskey was made and consumed, the duty there was most hated. The law went into effect July 1, 1791, and in all the large States officers began to brand tuns, puncheons and pipes with the words "Old Stock." No one could be found, however, who could do this work in the whiskey region, and in August and September of that year two conventions were held (one at Washington and one at Pittsburg) at which the excise law was denounced, the people were called upon to withhold from the excise inspector all comfort and support,† and the

* McMaster, vol. ii., pp. 182-186; Conway, Edmund Randolph, p. 174 et seq.

H. H. Brackenridge, Incidents of the Insurrection, vol. iii., p. 17.

measures of Congress were severely criticised.*

The collector for the counties of Alleghany and Washington attempted to perform his duties, but early in September he was waylaid by a party of armed men, who stripped, tarred and feathered him, cut off his hair, and took away his horse.† He recognized some of his assailants and swore out warrants for their arrest; but so angry and threatening was the mood of the people that neither the marshal nor his deputy would undertake to serve them. Only a halfwitted cow driver could be induced to accept the mission, and he only because he did not understand the significance of the papers he bore. He likewise was treated to a coat of tar and feathers and a severe whipping, but the object of his mission was not attained. Others who thought the laws of the government ought to be obeyed received the same treatment. ‡

On May 8, 1792, the first session of the Second Congress passed an act taxing spirits of the first proof and distilled from materials grown produced in the United States, 7 cents per gallon. On spirits of the second proof, the tax was to be 8 cents; of third proof, 9 cents; fourth

*John A. Stevens, Albert Gallatin, p. 52; McMaster, vol. ii., pp. 41-42; Bassett, Federalist System, pp. 106-107.

William Findley, History of the Insurrection in the Four Western Counties of Pennsylvania in the year 1794, p. 58 (ed. 1796).

Sharpless, Two Centuries of Pennsylvania History, p. 240; McMaster, vol. ii., pp. 42-43.

proof, 11 cents; fifth proof, 13 cents, and of sixth proof, 18 cents. If the capacity of a still were less than 400 gallons, the proprietor might pay a yearly tax of 54 cents for each gallon capacity, 7 cents for each gallon distilled or 10 cents per gallon on the capacity for each month the still was in operation.*

Among other things, the distillers complained that they were compelled to go a long distance to Philadelphia to stand trial for offences in the Federal Court there, as the State courts had no jurisdiction in the matter of excise. As the distance was often 350 miles, this worked hardship on all the distillers of western Pennsylvania; therefore Congress, early in 1794, resolved to render the trials of offense somewhat easier on the delinquents. A bill for this purpose was presented in the House on April 4 and passed on May 24; on May 30 it was amended, passed by the Senate, and returned to the House; an agreement between the two Houses was reached on June 3, and the bill was passed and was signed by the President on June 5. The ninth section of the act provided that the State courts should have jurisdiction over cases arising more than 50 miles from the nearest Federal Court.‡

*Statutes-at-Large, vol. i., pp. 267-271.

Gordy, Political History, vol. i., pp. 207-208; Annals of Congress, 2d Congress, 1st session, pp. 1374-1379.

McMaster, vol. ii., p. 190; Adams, Life of Gallatin, pp. 88, 91, 125; Schouler, United States, vol. i., p. 291.

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Meanwhile warrants had been sworn out against 75 distillers who had disobeyed the law, but so slow were the officials that not before July did the marshal attempt to serve them. All went well until only one remained, but in attempting to serve that the marshal was attacked by an armed force and fired upon, though without injury. Soon afterward he was captured by an armed mob, and, under fear of immediate death, compelled to promise that he would serve no more processes on the west side of the Alleghany mountains* On the morning of July 16, 1794, the house of General John Neville, the inspector, was attacked, but the assailants were quickly driven off. Apprehending a more powerful attack, the inspector applied to the judges, civil magistrates and military officers for protection, but was informed that the opposition against the execution of the law was so general throughout the region that the requested protection could not be given. Shortly afterward the attack was renewed by a body of 500 men, and the inspector, realizing his inability effectively to resist so large a force and that his life was in jeopardy, fled; but a few men from the garrison at Pittsburg remained, in the hope of saving the property. The attacking party demanded that the inspector resign his office, but was informed that, upon

See Washington's proclamation of August 7, 1794, in Richardson, Messages and Papers, vol. i.,

p. 159.

246

their approach, he had retired to some unknown place. The assailants then demanded the papers belonging to his office, and, after a short but indecisive parley, an attack on the house began. As a result, one of the assailants was killed and a number on both sides were injured. Finally the house was set on fire and destroyed. The marshal and inspector escaped down the Ohio, and by a circuitous route reached the seat of government.

Not satisfied with attacking individuals, the leaders of the opposition became embroiled with the government.* David Bradford, one of the leaders, in order to involve the whole western country, caused the mail to be stopped by force, and some letters written by people at Pittsburg giving an account of the proceedings of the insurgents, were taken out and opened. While the turbulence was at its height, Bradford, James Marshall and five others directed the officers of the local county militia to assemble at Braddock's Field, August 1, with as many volunteers as could be mustered, armed, equipped and supplied with four days' rations. On the appointed day about 2,000 armed militia assembled at Braddock's Field, but, as there was great diver

* McMaster, vol. ii., pp. 190-192; Stevens, Albert Gallatin, pp. 69-70; Gordy, Political History, vol. i., p. 208; Schouler, United States, vol. i., p. 291.

McMaster, pp. 192-193; Bassett, Federalist System, p. 109.

*

sity of opinion among the leaders as to the line of action, it was concluded not to attack the United States garrison at the fort, as some had desired, and the demonstration resolved itself into a mere march through the streets of Pittsburg to frighten the inhabitants. The burning of a barn was the only violence committed. The writers of the intercepted letters, which were read aloud at Braddock's Field to inflame the passions of the militia, had already fled from Pittsburg to escape the vengeance which otherwise might have been wreaked upon them. Meanwhile the leading rioters had called a meeting, which ended in the issuing of an unsigned invitation to the townships of the four western counties of Pennsylvania and of those adjoining in Virginia, to elect delegates to a convention to meet August 14, at Parkinson's Ferry, in Washington County, on the Monongahela. The avowed objects of these outrages were to

Legislature and a repeal of the [excise laws]."'*

The President was by this time considerably alarmed, fearing particularly that the militia, if called upon to suppress the insurrection, might refuse to obey. There was no alternative, however, but to compel submission to the laws by military force, and the President met the emergency with great firmness. The laws of the country required that a judge should certify that the laws of the United States were opposed, or their execution obstructed by combinations, too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers invested in the marshals," and that "if the militia of the State where such combinations may happen, shall refuse or to be insufficient to suppress the same, the president may employ the militia of other states."

* See Washington's proclamation, Richardson Messages and Papers, vol. i., p. 159.

A long time previous he had written to Hamilton, saying: "If, notwithstanding, opposition is still given to the due execution of the law, I have no hesitation in declaring, if the evidence of it is clear and unequivocal, that I shall, however reluctantly I exercise them, exert all the legal forms with which the executive is invested to check so daring and unwarrantable a spirit. It is my duty to see the laws executed.

To per

mit them to be trampled upon with impunity would be repugnant to it; nor can the government remain a passive spectator of the contempt with which they are treated. Forbearance, under a hope that the inhabitants of that survey would recover from the delirium and folly into which they were plunged, seems to have had no other effect than to increase the disorder." See Lodge, George Washington, vol. ii., pp. 122-123.

VOL. IV 17

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Judge James Wilson filed the necessary certificate,* and the subject was taken under consideration by the Cabinet. Governor Mifflin, of Pennsylvania, was also consulted. Mifflin said that the available militia of the State was insufficient to suppress the insurrection and that it was impossible to tell whether the militia of other States would serve. The insurgents might call in the aid of the British, and as a result the Union might be dissolved. The various parties in the country were highly inflamed and "one character alone could keep them in awe; and if the sword were drawn it [would] be difficult to restrain them." The Cabinet members concurred in the appointment of commissioners to grant full pardon for past offences, provided the insurgents submitted. There was a difference of opinion, however, as to any further measures. The act of Congress covering such an emergency provided that before military force were employed the President should issue a proclamation, commanding the insurgents to disperse within a limited time. The Secretary of State and Governor Mifflin were of the opinion that this conciliatory measure should not be

*American State Papers, Miscellaneous, vol. i., p. 85. For the evidence on which he based his certificate, see Magazine of Western History (September, 1887, p. 514, and November, 1887, p. 104). † See The Proceedings of the Executive Respecting the Insurgents (Philadelphia, 1795).

Hamilton, History of the Republic, vol. vi.,

p. 71.

248

given a coercive tone. The Secretaries of the Treasury and of War, and the Attorney-General held differently. They thought that the present emergency required a full test of the ability of the government to enforce obedience to its laws, and that sound policy demanded the immediate employment of a sufficient force to put down the rebellion. Hamilton said the question was, "Shall the majority govern or be governed? Shall the nation rule or be ruled? Shall the general will prevail, or the will of a faction? Shall there be government or no government?" He urged that the militia should be called out and that the force should be so imposing as" to frighten from opposition, save the effusion of blood of citizens, and secure the object to be accomplished." In the counties wherein the spirit of insurrection was most prevalent were 16,000 men capable of bearing arms, and it was computed that they could put 7,000 effective men into the field. To offset this and completely to overawe the insurgents, an army of 12,000 men ought to be sent.

There was no doubt in Washington's mind as to the course which ought to be pursued. In a letter to Henry Lee, he said: "No citizen of the United States can ever be engaged. in a service more important to his country. It is less than to consolidate and to preserve the blessings of the

Hamilton's Works, vol. vi., p. 18. See also Sumner, Life of Alexander Hamilton, pp. 193-194; Lodge, Alexander Hamilton, p. 180 et seq.

revolution, which at much expense of blood and treasure, constituted us a free and independent nation." Accordingly, on August 7, he issued a proclamation* commanding the insurgents to disperse before September 1, warning all persons against aiding, abetting or comforting the insurgents, and requiring all officers and other citizens, according to their duties and the laws of the land, to put forth every effort to suppress such dangerous proceedings. On the same day a requisition was made on the governors of Pennsylvania, New Jersey, Maryland and Virginia for sufficient militia to compose an army of 12,950 men,† which number was afterward increased to 15,000. Mifflin believed that this step would result in strengthening the revolt, for he doubted that the State militia would

* Richardson, Messages and Papers, vol. i., pp. 158-160; Sparks' ed. of Washington's Writings, vol. xii., p. 125.

† Sparks, Life of Washington, p. 460; McMaster, vol. ii., p. 196.

Gordy, Political History, vol. i., p. 219. Writing to Sedgwick, February 2, 1799, Hamilton said: "In the expedition against the western insurgents, I trembled every moment lest à great part of the militia should take it into their heads to return home, rather than go forward."-J. C. Hamilton, History of the Republic, vol. vii., p. 278. See also Von Holst, Constitutional and Political History, vol. i., pp. 101-102.