The Patowmac guardian, and Berkeley advertiser (Shepherdstown, Va. [W. Va.]), 1794-09-08 00:00:00

Shepherd's-Town, September 5, 1794.
MR. WILLIS,
THE transaction which took place in this town, on Monday last, I am informed has been misrepresented, or misunderstood by many, and alarmed some of the good people of the vicinity; I beg leave through the medium of your paper, to explain this business, and thereby quiet the fears of all good citizens of this and the neighbouring state: the circumstances were simply these:—
Early on Monday morning last, some of the volunteers belonging to this town, applied for permission to erect a pole at each of the two public squares, in this town, giving for reason that there were poles erecting in the county of Washington, in Maryland, in favor of the Western Insurgents, and they wished these poles to be raised in opposition to those in Maryland, fixing on each suitable motto—whereupon it was represented, that transactions of this nature were sometimes attended with intoxications by spirituous liquors, and of course disorders ensued; repeated assurances being given, that excesses should be avoided, and that all would retire peaceably after the object was completed, (the erecting the poles, with this motto fixed thereon, FOR LIBERTY AND THE LAWS OF OUR COUNTRY,) permission was given to erect those poles; they were hereupon brought in, and erected in the two squares, in presence of the people of the town, most of whom assisted in some way to expedite it; after the motto of Liberty and the Laws of our country were fixed upon them, the whole party marched round one of the poles with martial music, gave three cheers to the motto, then proceeded to the other, and acted in like manner. Some of the neighboring gentlemen happening present, were pretty liberal in distributing spirituous liquors among the crowd, and all appeared peace and hilarity. The people retired generally to their homes, excepting a very few who had perhaps drank rather deep, and were a little noisy some time in the night—but no opposition to the laws of our country, were manifested in any shape. I hope, Sir, this account will satisfy every person, and do away any unfavorable impressions occasioned by misrepresentations made by designing persons—and, am &c.
NEW-YORK, August 27.
Extract of a letter of a late date, from Charlston, received this day.
“The French have obtained two victories over Clairfayt—Clairfayt is mortally wounded.
“Capt. Crops, from Bourdeaux, in 37 days, brings news that the Sans Colottes have conducted the king of Sardinia and his two sons to Paris—Courtray, Menin, Furnes, Ghent, Ypres and Nieuport, are all taken by the French.”
By the ship Mohawk, London papers to the 4th July, and by the ship Prudence from Londonderry, papers from that place to the 8th, and London papers of the 5th are received.
The combined forces, (it is stated in the Courier a London paper of the 1st July) were beaten in every part on the 26th of June, and were forced to retreat with all their cannon to Halle, which is almost 30 miles from the field of battle; the French continued the pursuit, and it is said Brussels was left to its fate—that there was reason to believe that the English government had received news of the evacuation of Brussels—that the Duke of York and his army were in a perilous situation, being almost surrounded—All communication with Ghent and Bruges cut off—That it was a question whether the campaign was not now at an end and whether there will ever be another?”
Extracts from Papers brought by the above vessel.
WHITEHALL, July 1.
SIR,
Renaix, June 23, 1794.
Having received intelligence, on Tuesday night, that the enemy had moved forward in great force upon General Clairfayt's position, and that they had detached a corps to attack Oudenarde. I found it absolutely necessary, for the defence of the Scheldt, to march immediately to this place, as from hence I could, with greater facility, support that place, and move upon any point at which they might attempt to force a passage.
The enemy obliged General Clairfayt to abandon his position at Deynse, and fall back upon Ghent, on Wednesday, where they again attacked him the next day, but were fortunately repulsed.
This retreat of General Clairfayt rendered it impossible for General Walmoden to support himself with so small a body of troops as he had under his command at Bruges, he therefore found it necessary to abandon that place on Thursday, and to fall back to Landmarek, and join General Clairfayt's right flank.
The consequence of these last movements, though necessary, are exceedingly unpleasant, as all immediate communication with Ostend is cut off.
Yesterday the enemy made another attempt upon Oudenarde, which they cannonaded the whole
day, and even carried in the afternoon the Fauxbourg; but were driven out in the night, and have now retired to a small distance.
Yesterday evening I received the disagreeable intelligence of the Prince of Cobourg's having failed in his attack upon the French army at Colesies and Fleurus, as well as of the surrender of Charleroi.
I am, &c.
FREDERICK.
Whitehall, July 1.
By a letter from Lieut. gen. the earl of Moira, dated the 29th of last month, it appears that his Lordship and the troops under his command had arrived at Halle, four miles from Bruges, on the great causeway to Ghent. It also appears by a letter from Col. Vyle, dated at Ostend, on the same day, that he was then embarking the 8th, 33d and 44th regiments, and the rest of the troops, artillery and stores, intending to evacuate that place.
London, July 1.
It would be absurd to deny that the duke of York is in a perilous situation—His position at Renaix is defended by a wood in front, and another in the rear, but his force does not amount to more than 12 000 men, and the enemy in immense numbers are in his front, on one of his flanks and in his rear.
[From the Courier]
“Early on the morning of the 26th, a general attack was made on all the French posts. The conflict was one of the most obstinate that has taken place since the commencement of the war. It lasted until late in the afternoon, when the allied army, beaten in every part, were forced to retreat with all their cannon to Halle, which is almost 30 miles distant from the field of battle.
“The consequences of the defeat are obvious—Charleroi immediately surrendered, and the French pushing on to Brussels, have, it is said, reduced the Prince of Cobourg to the necessity of retreating from Halle, and of leaving Brussels to its fate.
“The governor and the principal persons had removed to Antwerp on the day after the battle.
“Late last night, we have every reason to believe, that accounts were received by government of the EVACUATION OF BRUSSELS, which it is supposed, is now in possession of the French.”
The National Convention have decreed, agreeably to the request of several Departments, that each of the 83 Departments build, each a NEW FIRST-RATE SHIP OF WAR!
BRUSSELS, June 26. We hear from the army of Gen. Clairfayt, that after the said army had retreated to Deynse and Peteeghem, the French immediately took possession of their position at Thielt, and on the 23d attacked Gen. Clairfayt at Deynse and forced him to retreat to Ghent.
The army of the Duke of York is also broke up, and on the 24th had their head-quarters at Gadan-de.
From the Leyden Gazette—same date.
Yesterday the baggage of the army of the Prince of Cobourg went through this city; the military chest is likewise arrived here, and the treasury of the English army has been sent to Antwerp.
PHILADELPHIA, August 29.
A letter from Hamburg, dated July 7, to a merchant in this city, says, that the French have taken OSTEND.
We are authorised to inform the public, that on Thursday, the 20th inst. the commissioners appointed by the governor to endeavor to restore tranquillity, and order in the western counties, conferred with the committee appointed by the Convention at Parkinson's Ferry; and that there is a fair prospect of an honorable and amicable accommodation. We are happy to add that the views of the Commissioners appointed by the President, being of the same conciliatory nature, the utmost harmony subsists between them and the state commissioners.
Copy of a letter from an officer in the Legion of the United States, dated Camp 12 miles advance of Greenville, 28th of July, 1794.
“I hope by the time this reaches you that we shall be able to give a good account of the Indian war. We have about 1700 or 1800 Kentucky volunteers with us and are all in good spirits—I have no doubt with due precaution (which I have no doubt will be taken) we shall be able to bring the Indians to terms—I think their friends will leave them by what we learn from a prisoner that was taken in since the action at Fort-Recovery—he says they lost a great many—he knows nothing of the number—he says they quarrelled much and fired upon each other. There are large bets made that they will be in with a flag by the time we have crossed the St. Joseph, which is about 4 days march from this.”
ALEXANDRIA, September 3.
Extract of a letter from a gentleman in France, dated July 1, 1794.
“The French convoy arrived the 14th June, in the best state, not a vessel missing, with 15 rich prizes, most Indianmen. At one instant, couriers were sent to all the different towns of France with civic crowns. Joy was universal.
“The army of the North consists of 160 000 men, The English have been cut to pieces in the vicinity of Ostend. The French take no prisoners. No quarters are received from the English. The French troops are encamped within a few leagues of Mayence. The king of Prussia has notified England he could no longer keep the field, if he did not receive from them full pay for 32,000 men—this is positive.
“Ten ships of the line have sailed from Toulon, and are cruising in the Mediterranean. The Poles have slain 10 000 Prussians in the field, and made 7000 prisoners at Grodno—the same fate followed them in the Ukraine. A convention is meeting at Warsaw—they copy the French entirely. The Turks take a part with the Poles, and have 4 great armies in full march to the frontiers of Russia and Austria. Sweden and Denmark are said to declare in favor of Poland next spring.
MARTINSBURG, September 8, 1794.
Information being received by Major Hunter on Wednesday evening last, that a number of deluded persons intended meeting at Sleepy Creek the day following, for the purpose of erecting a liberty pole in opposition to the excise act, a detachment from Captains Boyd and Coons' companies, under Lieutenants Beal and Duncan, attended by Mjors Hunter and Stephenson, marched next morning to disperse the posse, and check in its infancy so daring a violation of the law. On the arrival of the detachment at the ground, those brave opposers of the laws of their country, panic struck at their personal danger, and destitute of courage to proceed in their undertaking, took to the woods, and savage like, only made a scattered appearance upon the hills, skulking behind trees and bushes:—a part of the detachment immediately scoured the woods and took several prisoners, who were brought in for examination:—it appearing that from their ignorance they could not be apprized of the dangerous part they were acting, and that they had been misled by some evil disposed persons, they, through the lenity of the Majors, were suffered to depart home, except two by the names of Fox and McCarthy, who, having been more forward than their companions, were escorted to town on Friday morning and committed to jail. A special court is to be summoned to meet on Saturday, for their further examination.
The 67th regiment of militia was mustered in this town on Saturday last, for the purpose of selecting 91 men, being its proportion of 3300 required from this state to hold themselves in immediate readiness; on declaration being made of the business they were then called out upon, one hundred and four likely, active men, immediately joined the volunteer standard. We in justice to Capt. Matthew Porterfield's company, cannot omit particularly mentioning the zeal of that choir, who turned out nineteen men, when their average proportion could not have exceeded thirteen. We hope the same ardour in the support of the happy government we live under, will pervade throughout the different regiments of the state, and that a speedy and final end may be put to the late attempts of the secret and avowed enemies of the United States, to reduce it to a state of discord, anarchy, and ruin.
It is reported that a body of 1000 men are now on their way from Baltimore to quell some disturbance existing in Washington County, Maryland.
We have received the Proceedings of the Commissioners on the part of government, and the committee on the part of the Counties of Westmoreland, Washington, Fayette and Alleghany, met in Convention at Pittsburg, for the purpose of restoring tranquillity and order in those counties, but owing to its length, we are obliged to postpone it until our next.
We learn that marching orders have been received by General MORGAN;—the troops to rendezvous at Winchester on Saturday next.
Advertisements omitted will appear in our next.
THE Magistrates of this County are desired to attend on the first day of next Court, for the purpose of appointing officers in the militia companies, and for other purposes.
FOUND on Tuesday last, near this town, a Pocket Book, containing several bonds and notes, a handkerchief, spectacles, &c. The owner may have them again on application at the Printing-Office, and paying the charge of this advertisement.
SEPT. 8, 1794.

It appears probable, that advantages will result from giving to the citizens at large full information on the subject of the disturbances which exist in the western parts of Pennsylvania. With this view, if no objection to the measure should occur to you, I would cause a publication to be made of the report which I had the honor to address to you, dated the 5th inst.
With the most perfect respect,
I have the honor to be, Sir,
Your most obedient, and
Humble servant,
ALEXANDER HAMILTON.
The President of the United States.
United States, 19th August, 1794.
SIR,
I AM directed by the President to inform you, in reply to your letter of the 16th inst. that, relying that the facts contained in the report, have been stated with due care, and from authentic sources, he perceives no objection to the publication of it, as proposed.
I am &c.
your most obedient servant,
B. DANDRIDGE.
The Secretary of the Treasury.
Treasury Department, August 5th, 1794.
SIR,
THE disagreeable crisis at which matters have lately arrived in some of the western counties of Pennsylvania, with regard to the laws laying duties on spirits distilled within the United States, and on stills, seems to render proper a review of the circumstances which have attended those laws in that scene, from their commencement to the present time, and of the conduct which has hitherto been observed on the part of the government, its motives and effect—in order to a better judgment of the measures necessary to be pursued in the existing emergency.
The opposition to those laws in the four most western counties of Pennsylvania, (Alleghany, Washington, Fayette, and Westmoreland,) commenced as soon as they were known to have been passed. It has continued, with different degrees of violence, in the different counties, and at different periods.—But Washington has uniformly distinguished its resistance, by a more excessive spirit, than has appeared in the other counties, and seems to have been chiefly instrumental in kindling and keeping alive the flame.
The opposition first manifested itself in the milder share of the circulation of opinions unfavorable to the law, and calculated, by the influence of public disesteem, to discourage the accepting or holding of offices under it, or the complying with it by those who might be so disposed; to which was added, the shew of a discontinuance of the business of distilling.
These expedients were shortly after succeeded by private associations to forbear compliances with the law. But it was not long before these more negative modes of opposition were perceived to be likely to prove ineffectual. And in proportion as this was the case, and as the means of introducing the laws into operation were put into execution, the disposition to resistance became more turbulent and more inclined to adopt and practice violent expedients.—The officers now began to experience marks of contempt and insult. Threats against them became frequent and loud; and after some time, these threats were ripened into acts of ill-treatment and outrage.
These acts of violence were preceded by certain meetings of malcontent persons, who entered into resolutions calculated at once to confirm, inflame and systematize the spirit of opposition.
The first of these meetings was held at a place called Red Stone Old Fort, on the 27th of July, 1791, where it was concerted that county committees should be convened in the four counties, at the respective seats of justice therein. On the 23d of August following, one of these committees assembled in the county of Washington.
This meeting passed some intemperate resolutions, which were afterwards printed in the Pittsburgh Gazette, containing a strong censure on the law, declaring that any person who had accepted or might accept an office under Congress in order to carry it into effect, should be considered as inimical to the interests of the country; and recommending to the citizens of Washington county to treat every person who had accepted or might hereafter accept any such office with contempt, and absolutely to refuse all kind of communication or intercourse with the officers; and to withhold from them all aid, support, or comfort.
Not content with this vindictive proscription of those who might esteem it their duty, in the capacity of officers, to aid in the execution of the constitutional laws of the land, the meeting proceeded to accumulate topics of crimination of the government, though foreign to each other; authorising, by this zeal for censure, a suspicion that they were actuated not merely by the dislike of a particular law, but by a disposition to render the government itself unpopular and odious.
This meeting, in further prosecution of their plan, deputed three of their members to meet delegates from the counties of Westmoreland, Fayette and Alleghany, on the first Tuesday in September following, for the purpose of expressing the sense of the people of those counties in an address to the legislature of the United States, upon the subject of the Excise Law and other grievances.
Another meeting accordingly took place on the 7th of September, 1791, at Pittsburgh, in the county
of
This meeting entered into resolutions more comprehensive in their objects and not less inflammatory in their tendency, than those which had before passed the meeting in Washington. Their resolutions contained severe censures not only on the law which was the immediate subject of objection, but upon what they termed the exorbitant salaries of officers; the unreasonable interest of the public debt; the want of discrimination between original holders and transferees, and the institution of a national bank. The same unfriendly temper towards the government of the United States, which seemed to have led out of their way the meeting at Washington appears to have produced a similar wandering in that at Pittsburgh.
A representation to Congress and a remonstrance to the Legislature of Pennsylvania against the law more particularly complained of were prepared by this meeting—published together with their other proceedings in the Pittsburgh Gazette, and afterwards presented to the respective bodies to whom they were addressed.
These meetings composed of very influential individuals, and conducted without moderation or prudence, are justly chargeable with the excesses which have been from time to time committed, serving to give consistency to an opposition which has at length matured to a point, that threatens the foundations of the government and of the union—unless speedily and effectually subdued.
On the 6th of the same month of September, the opposition broke out in an act of violence upon the person and property of Robert Johnson, collector of the Revenue for the counties of Alleghany and Washington.
A party of men armed and disguised, way-laid him at a place on Pidgeon Creek in Washington county, seized, tarred and feathered him, cut off his hair, and deprived him of his horse, obliged him to travel on foot a considerable distance in that mortifying and painful situation.
The case was brought before the district court of Pennsylvania, out of which processes issued against John Robertson, John Hamilton, and Thomas M'Comb, three of the persons concerned in the outrage.
The serving of these processes was confided by the then marshal, Clement Biddle, to his deputy Joseph Fox, who in the month of October went into Alleghany county for the purpose of serving them.
The appearances and circumstances which Mr. Fox observed himself, in the course of his journey, and learnt afterwards upon his arrival at Pittsburgh, had the effect of deterring him from the service of the processes, and unfortunately led to adopt the injudicious and fruitless expedient of sending them to the parties by a private messenger under cover.
The deputy's report to the marshal, states a number of particulars evincing a considerable fermentation in the part of the country to which he was sent, and inducing a belief on his part, that he would not with safety have executed the processes. The marshal transmitting this report to the district attorney, makes the following observations upon it:—
"I am sorry to add, that he (the deputy) found the people in general in the western part of the state, and particularly beyond the Alleghany mountain, in such a ferment on account of the act of Congress for laying a duty on distilled spirits, and so much opposed to the execution of the said act, and from a variety of threats to himself personally, although he took the utmost precaution to conceal his errand, that he was not only convinced of the impossibility of serving the process, but that any attempt to effect it would have occasioned the most violent opposition from the greater part of the inhabitants, and he declares that if he had attempted it, he believes he should not have returned alive."
"I spared no expense nor pains to have the process of the court executed, and have not the least doubt that my deputy would have accomplished it, if it could have been done."
The reality of the danger to the deputy was the opinion of gen. Neville, the inspector of the revenue; a man who before had given, and since has given numerous proofs of a steady and firm temper; and what followed was a further confirmation of it.
The person who had been sent with the processes, was seized, whipped, tarred, and feathered; and after having his money and horse taken from him, was blindfolded and tied in the woods, in which condition he remained for five hours.
Very serious reflections naturally occurred upon this occasion. It seemed highly probable, from the issue of the experiment which had been made, that the ordinary course of civil process would be ineffectual for enforcing the execution of the law, in the scene in question—and that a perseverance in this course might lead to a serious concussion. The law itself was still in the infancy of its operation, and far from established in other important portions of the Union. Prejudices against it had been industriously disseminated, misrepresentations diffused, misconceptions fostered. The legislature of the United States had not yet organized the means by which the executive could come in aid of the judiciary, when found incompetent to the execution of the laws. If neither of these impediments to a decisive exertion had existed, it was desirable especially in a republican government, to avoid what is in such cases the ultimate resort, till all the milder means, had been tried without success.
Under the united influence of these considerations, it appeared advisable to forbear urging coercive measures, till the laws had gone into more extensive operation; till further time for reflection and ex-
amination, and till the legislature had had an opportunity, by a revision of the law, to remove as far as possible objections, and to reinforce the provisions for securing its execution.
Other incidents occurred from time to time, which are further proofs of the very improper temper that prevailed among the inhabitants of the refractory counties.
Mr. Johnson was not the only officer, who about the same period, experienced outrage. Mr. Wells, collector of the revenue for Westmoreland and Fayette, was also ill treated at Greensburg and Union town; nor were the outrages perpetrated confined to the officers; they extended to private citizens, who only dared to shew their respect for the laws of their country.
Some time in October, 1791, an unhappy man, of the name of Wilson, a stranger in the county, and manifestly disordered in his intellects, imagining himself to be a collector of the revenue, or invested with some trust in relation to it, was so unlucky as to make enquiries concerning the distillers who had entered their stills; giving out that he was to travel through the United States, to ascertain and report to Congress the number of stills, &c. This man was pursued by a party in disguise, taken out of his bed, carried about five miles back, to a smith's shop, stripped of his clothes, which were afterwards burnt, and after having been himself inhumanely burnt in several places, with a heated iron, was tarred and feathered, and about day light dismissed, naked, wounded, and otherwise in a very suffering condition. These particulars are communicated in a letter from the inspector of the revenue, of the 17th of November, who declares that he had then himself seen the unfortunate man, the abuse of whom, as he expresses it, exceeded description, and was sufficient to make human nature shudder. The affair is the more extraordinary as persons of weight and consideration in that country are understood to have been actors in it, and as the symptoms of insanity were during the whole time of inflicting the punishment apparent—the unhappy sufferer displaying the heroic fortitude of a man, who conceived himself to be a martyr, to the discharge of some important duty.
Not long after a person of the name of Roseberry underwent the humiliating punishment of raring and feathering with some aggravations, for having in conversation hazarded the very natural and just, but unpalatable remark that the inhabitants of that country could not reasonably expect protection from a government, whose laws they so strenuously opposed.
The audacity of the perpetrators of these excesses was so great, that an armed banditti ventured to seize and carry off two persons, who were witnesses against the rioters in the case of Wilson, in order to prevent their giving testimony of the riot to a Court then sitting, or about to sit.
Signs of personal violence against the inspector of the revenue himself, to force him to a resignation, were repeatedly attempted to be put in execution by armed parties, but by different circumstances were frustrated.
In the session of Congress, which commenced in October 1791, the law, laying a duty on distilled spirits and stills, came under the revision of Congress as had been anticipated. By an act passed May 8th, 1792, during that session, material alterations were made in it—among these, the duty was reduced to a rate so moderate, as to have silenced complaint on that head—and a new and very favorable alternative was given to the distiller, that of paying a monthly, instead a yearly rate, according to the capacity of his still, with liberty to take a licence for the precise term, which he should intend to work it, and to renew that licence for a farther term or terms.
This amending act, in its progress through the legislature, engaged the particular attention of members who themselves were interested in distilleries, and of others who represented parts of the country in which the business of distilling was extensively carried on.
Objections were well considered and great pains taken to obviate all such as had the semblance of reasonableness.
The effect has in a great measure corresponded with the views of the legislature. Opposition has subsided in several districts where it before prevailed, and it was natural to entertain and not easy to abandon a hope that the same thing would by degrees have taken place in the four western counties of this state.
But notwithstanding some flattering appearances at particular junctures, and infinite pains by various expedients to produce the desirable issue, the hope entertained has never been realized, and is now at an end as far as the ordinary means of executing laws are concerned.
The first law had left the number and positions of the officers of inspection, which were to be established in each district for receiving entries of stills, to the discretion of the supervisor. The second, to secure a due accommodation to distillers, provides peremptorily, that there shall be one in each county.
The idea was immediately embraced, that it was a very important point in the scheme of opposition to the law, to prevent the establishment of offices in the respective counties.
For this purpose, the intimidation of well-disposed inhabitants was added to the plan of molesting and obstructing the officers by force or otherwise, as might be necessary. So effectually was the first point carried (the certain destruction of property, and the peril of life being involved) that it became

it was found a matter of necessity, in almost every instance, to abandon them.
After much effort the Inspector of the Revenue succeeded in procuring the house of William Faulkner, a captain in the army, for an office of inspection in the county of Washington. This took place in August, 1792. The office was attended, by the Inspector of the Revenue in person, till prevented by the following incidents.
Captain Faulkner being in pursuit of some deserters from the troops, was encountered by a number of people, in the same neighborhood where Mr. Johnson had been ill treated the preceding year, who reproached him with letting his house for an office of inspection, drew a knife upon him, threatened to scalp him, tar and feather him, and reduce his house and property to ashes, if he did not solemnly promise to prevent the further use of his house for an office. Captain Faulkner was induced to make the promise expected; and, in consequence of the circumstance, wrote a letter to the inspector, dated the 20th of August, countermanding the permission for using his house; and, the day following gave a public notice in the Pittsburgh Gazette, that the office of inspection should no longer be kept there.
At the same time another engine of opposition was in operation. Agreeable to a previous notification, there met at Pittsburgh, on the 21st of August, a number of persons styling themselves "A Meeting of sundry inhabitants of the Western Counties of Pennsylvania."
This meeting entered into resolutions not less exceptionable than those of its predecessors. The preamble suggests that a tax on SPIRITUOUS LIQUORS is unjust in itself and oppressive upon the poor, that internal taxes upon consumption must in the end destroy the liberties of every country in which they are introduced—that the law in question, from certain local circumstances which are specified, would bring immediate distress and ruin upon the Western Country; and concludes with the sentiment, that they think it their duty to persist in remonstrances to Congress; and in every other legal measure, that may obstruct the operation of the LAW.
The resolutions then proceed, first, to appoint a committee to prepare and cause to be presented to Congress, an address stating objections to the law, praying for its repeal—Secondly, to appoint committees of correspondence for Washington, Fayette, and Alleghany, charged to correspond together, and with such committee as should be appointed for the same purpose in the county of Westmoreland, or with any committees of a similar nature, that might be appointed in other parts of the United States;—and also if found necessary to call together either general meetings of the people, in their respective counties, or conferences of the several committees; and lastly to declare that they will in future consider those who hold offices for the collection of the duty, as unworthy of their friendship, that they will have no intercourse nor dealings with them will withdraw from them every assistance, withhold all the comforts of life which depend upon those duties, that as men and fellow citizens we owe to each other, and will upon all occasions treat them with contempt; earnestly recommending IT TO THE PEOPLE AT LARGE, TO FOLLOW THE SAME LINE OF CONDUCT TOWARDS THEM.
The idea of pursuing legal measures to obstruct the operation of the law, needs little comment. Legal measures may be pursued to procure the repeal of a law, but to obstruct its operation presents a contradiction in terms. The operation, or what is the same thing, the execution of a law cannot be obstructed, after it has been constitutionally enacted, without illegality and crime. The expression quoted is one of those phrases, which can only be used to conceal a disorderly and culpable intention under forms that may escape the hold of the law.
Neither was it difficult to perceive, that the anathema pronounced against the officers of the revenue, placed them in a state of virtual outlawry, and operated as a signal to all those who were bold enough to encounter the guilt and the danger to violate both their lives and their properties.
The foregoing proceedings, as soon as known, were reported by the Secretary of the Treasury to the President. The President on the 15th of September, 1792, issued a proclamation—"earnestly admonishing and exhorting all persons whom it might concern, to refrain and desist from all unlawful combinations and proceedings whatever, having for object or tending to obstruct the operation of the laws aforesaid, inasmuch as all lawful ways and means would be put in execution, for bringing to justice the infractors thereof and securing obedience thereto: and moreover charging and requiring all courts, magistrates and officers whom it might concern, according to the duties of their several offices, to exert the powers in them respectively vested by law for the purposes aforesaid; thereby also enjoining and requiring all persons whomsoever, as they tendered the welfare of their country, the just and due authority of government and the preservation of the public peace, to be aiding and assisting therein according to law."—And likewise directed, that prosecutions might be instituted against the offenders in the cases in which the laws would support, and the requisite evidence could be obtained.
Pursuant to these instructions, the attorney general, in co-operation with the attorney of the district, attended a circuit-court which was held at York Town in October, 1792—for the purpose of bringing forward prosecutions in the proper cases.
Collateral measures were taken to procure for this purpose the necessary evidence.
The supervisor of the revenue was sent into the
concerned in the riot, in Faulkner's cafe, and of those who composed the meeting at Pittsburg—to uphold the confidence and encourage the perseverance of the officers acting under the law—and to induce, if possible, the inhabitants of that part of the survey, which appeared least disinclined, to come voluntarily into the law, by arguments addressed to their sense of duty, and exhibiting the eventual dangers and mischiefs of resistance.
The mission of the supervisor had no other fruit than that of obtaining evidence of the persons who composed the meeting at Pittsburg, and of two who were understood to be concerned in the riot—and a confirmation of the enmity which certain active and designing leaders had industriously infused into a large proportion of the inhabitants, not against the particular laws in question only, but of a more ancient date, against the government of the United States itself.
The then Attorney General being of opinion, that it was at best a doubtful point, whether the proceeding of the meetings at Pittsburg contained indictable matter, no prosecution was attempted against those who composed it, though if the ground for proceeding against them had appeared to be firm, it is presumed that the truest policy would have dictated that course.
Indictments were preferred to the circuit court, and found against the two persons understood to have been concerned in the riot, and the usual measures were taken for carrying them into effect.
But it appearing afterwards, from various representations, supposed by satisfactory testimony, that there had been some mistake as to the persons accused—justice and policy demanded that the prosecutions should be discontinued, which was accordingly done.
This issue of the business unavoidably defeated the attempt to establish examples of the punishment of persons who engaged in a violent resistance to the laws—and left the officers to struggle against the stream of resistance, without the advantage of such examples.
The following plan, afterwards successively put in execution, was about this time digested, for carrying if possible the laws into effect, without the necessity of recurring to force.
1. To prosecute delinquents in the cases in which it could be clearly done for non-compliance with the laws. 2. To intercept the markets for the surplus produce of the distilleries of the non-complying counties, by seizing the spirits in their way to those markets, in places where it could be effected without opposition. 3. By purchases, through agents for the use of the army (instead of deriving the supply through contractors as formerly) confining them to spirits, in respect to which there had been a compliance with the laws.
The motives to this plan speak for themselves. It aimed, besides the influence of penalties on delinquents at making it the general interest of the distillers to comply with the laws, by interrupting the markets for a very considerable surplus, and by, at the same time, confining the benefit of the large demand for the public service to those who did their duty to the public, and furnishing, through the means of payments in cash, that medium for paying the duties, the want of which was alleged to be a great difficulty in the way of compliance.
But two circumstances conspired to counteract the success of the plan—one the necessity, towards incurring the penalties of non-compliance, of there being an office of inspection in each county, which was prevented in some of the counties, by the means of intimidation practiced for that purpose—another, the non-extension of the law to the territory northwest of the Ohio, into which a large proportion of the surplus before-mentioned was sent.
A cure for these defects could only come from the legislature. Accordingly, in the session which began in November 1792, measures were taken for procuring a further revision of the laws. A bill containing amendments of those and other defects was brought in; but it so happened that this object, by reason of more urgent business, was deferred till towards the close of the session, and finally went off, through the usual hurry of that period.
The continuance of the embarrassment incident to this state of things, naturally tended to diminish much the efficacy of the plan which had been devised. Yet it was resolved, as far as legal provision would bear out the officers, to pursue it with perseverance: there was ground to entertain hopes of its good effect, and it was certainly the most likely course which could have been adopted towards attaining the object of the laws, by means short of force; evincing, unequivocally, the sincere disposition to avoid this painful resort, and the steady moderation which had characterised the measures of the government.
In pursuance of this plan, prosecutions were occasionally instituted in the mildest forms, seizures were made as opportunities occurred—and purchases on public account were carried on.
It may be incidentally remarked, that these purchases were extended to other places; where, tho' the same disorders did not exist, it appeared advisable to facilitate the payment of the duties by this species of accommodation.
Nor was this plan, notwithstanding the deficiency of legal provision, which impeded its full execution, without corresponding effects.
Symptoms from time to time appeared which authorised expectation, that with the aid, at another session, of the desired supplementary provisions, it was capable of accomplishing its end, if no extraordinary events occurred.
laws which interfered with it, did not fail from time to time to pursue analogous modes of counteraction. The effort to frustrate the establishment of offices of inspection, in particular, was persisted in and even increased; means of intimidating officers and others continued to be exerted.
In April, 1793, a party of armed men in disguise, made an attack in the night upon the house of a collector of revenue, who resided in Fayette county; but he happening to be from home, they contented themselves with breaking open his house, threatening, terrifying, and abusing his family.
Warrants were issued for apprehending some of the rioters upon this occasion, by Isaac Malon and James Findley assistant judges of Fayette county, which were delivered to the sheriff of that county, who it seems refused to execute them; for which he has since been indicted.
This is at once an example of a disposition to support the laws of the Union, and of an opposite one, in the local officers of Pennsylvania, within the non-complying scene. But it is a truth, too important not to be noticed, and too injurious not to be lamented, that the prevailing spirit of those officers has been either hostile or lukewarm to the execution of those laws—and that the weight of an unfriendly official influence has been one of the most serious obstacles with which they have had to struggle.
In June following, the inspector of the revenue was burnt in effigy in Alleghany county, at a place and on a day of some public election, with much display, in the presence of and without interruption from magistrates and other public officers.
On the night of the 22d of November, another party of men, some of them armed, and all in disguise, went to the house of the same collector of Fayette, which had been visited in April, broke and entered it, and demanded a surrender of the officer's commission and official books. Upon his refusing to deliver them up, they presented pistols at him and swore, that if he did not comply, they would instantly put him to death. At length, a surrender of the commission and books was enforced. But not content with this, the rioters, before they departed, required of the officer, that he should, within two weeks, publish his resignation on pain of another visit, and the destruction of his house.
Notwithstanding these excises, the laws appeared during the latter periods of this year, (1793), to be rather gaining ground. Several principal distillers, who had formerly held out, complied, and others discovered a disposition to comply, which was only restrained by the fear of violence.
But these favourable circumstances served to beget alarm among those who were determined, at all events, to prevent the quiet establishment of the laws. In soon appeared, that they meditated, by fresh and greater excises, to aim a still more effectual blow at them; to subdue the growing spirit of compliance, and to destroy entirely the organs of the laws, within that part of the country, by compelling all the officers to renounce their offices.
The last proceeding, in the case of the collector of Fayette, was in this spirit. In January of the present year, further violences appear to have been perpetrated. William Richmond, who had given information against some of the rioters, in the affair of Wilson, had his barn burnt with all the grain and hay which it contained; and the same thing happened to Robert Shawhan, a distiller, who had been among the first to comply with the law, and who had always spoken favourably of it. But, in neither of these instances, (which happened in the county of Alleghany) though the presumptions were violent, was any positive proof obtained.
The inspector of the revenue, in a letter of the 27th of February, writes that he had received information that persons living near the dividing line of Alleghany and Washington, had thrown out threats of tar-ring and feathering one William Cochran, a complying distiller, and of burning his distillery; and that it had also been given out, that in three weeks, there would not be a house standing in Alleghany county, of any person who had complied with the laws. In consequence of which, he had been induced to pay a visit to several leading individuals in that quarter, as well to ascertain the truth of the information as to endeavour to avert the attempt to execute the threats.
It appeared afterwards, that on his return home, he had been pursued by a collection of disorderly persons, threatening, as they went along, vengeance against him. On their way, these men called at the house of James Kiddoe, who had recently complied with the laws, broke into his still-house, fired several balls under his still, and scattered fire over and about the house.
Letters from the inspector in March, announce an encreased activity in promoting opposition to the laws—frequent meetings to cement and extend the combinations against it; and among other means for this purpose, a plan of collecting a force to seize him, compel him to resign his commission, and detain him prisoner—probably as a hostage.
In May and June new violences were committed. James Kiddoe, the person above-mentioned, and William Cochran, another complying distiller, met with repeated injury to their property. Kiddoe had parts of his grist-mill, at different times, carried away; and Cochran suffered more material injuries. His still was destroyed, his saw-mill was rendered useless by the taking away of the saw, and his grist-mill so injured, as to require to be repaired at considerable expense.
At the last visit, a note in writing was left, requiring him to publish in writing what he had

with a plan, which seems to have been for some time entertained, and which probably was only accelerated by the coming of the marshal into the survey, an attack, by about one hundred persons, armed with guns and other weapons, was made upon the house of the inspector in the vicinity of Pittsburg. The inspector, though alone, vigorously defended himself against the assailants, and obliged them to retreat, without accomplishing their purpose.
Apprehending that the business would not terminate here, he made application by letter to the judges, generals of militia, and sheriff of the county for protection. A reply to his application, from John Wilkins, jun. and John Gibson, magistrates and militia officers, informed him, that the laws could not be executed, so as to afford him the protection to which he was entitled, owing to the too-general combination of the people in that part of Pennsylvania, to oppose the revenue law; adding, that they would take every step in their power to bring the rioters to justice, and would be glad to receive information of the individuals concerned in the attack upon his house that prosecutions might be commenced against them; and expressing their sorrow, that should the petite comitatus of the county be ordered out in support of the civil authority, very few could be gotten that were not of the party of the rioters.
The day following, the insurgents reassembled, with a considerable augmentation of numbers, amounting, as has been computed, to at least five hundred; and on the 17th of July, renewed their attack upon the house of the inspector; who, in the interval, had taken the precaution of calling to his aid a small detachment from the garrison of Fort-Pitt, which, at the time of the attack, consisted of eleven men, who had been joined by Major Abraham Kirkpatrick, a friend and connection of the inspector.
There being scarcely a prospect of effectual defence against so large a body as then appeared, and as the inspector had every thing to apprehend for his person, if taken, it was judged advisable, that he should withdraw from the house to a place of concealment; Major Kirkpatrick generously agreeing to remain with the eleven men, in the intention, if practicable, to make a capitulation in favour of the property, if not to defend it as long as possible.
A parley took place under cover of a flag which was sent by the insurgents to the house to demand that the inspector should come forth, renounce his office, and stipulate never again to accept an office under the same laws. To this it was replied, that the inspector had left the house, upon their first approach, and that the place to which he had retired was unknown. They then declared that they must have whatever related to his office. They were answered, that they might send persons, not exceeding six, to search the house, and take away whatever papers they could find appertaining to his office. But not satisfied with this, they insisted unconditionally, that the armed men, who were in the house for its defence, should march out and ground their arms, which Major Kirkpatrick peremptorily refused; considering it and representing it to them as a proof of a design to destroy the property. This refusal put an end to the parley.
A brisk firing then ensued between the insurgents and those in the house, which it is said lasted for near an hour, till the assailants having set fire to the neighbouring and adjacent buildings, eight in number, the intense heat of the heat, and the danger of an immediate communication of the fire to the house, obliged Major Kirkpatrick and his small party to come out and surrender themselves. In the course of the firing, one of the insurgents was killed and several wounded, and three of the persons in the house were also wounded. The person killed is understood to have been the leader of the party, of the name of James Mc'Farlane, then a major in the militia, formerly a lieutenant in the Pennsylvania line. The dwelling-house, after the surrender, shared the fate of the other buildings; the whole of which were consumed to the ground. The loss of property to the inspector, upon this occasion, is estimated, and, as it is believed, with great moderation, at not less than three thousand pounds.
The marshal, Colonel Presley Neville, and several others, were taken by the insurgents going to the inspector's house. All except the marshal and Col. Neville, soon made their escape; but these were carried off some distance from the place where the affray had happened, and detained till one or two o'clock the next morning. In the course of their detention, the marshal in particular suffered very severe and humiliating treatment; and was frequently in imminent danger of his life. Several of the party repeatedly presented their pieces at him, with every appearance of a design to assassinate, from which they were, with difficulty, restrained by the efforts of a few more humane and prudent.
Nor could he obtain safety or liberty, but upon the condition of a promise guaranteed by Col. Neville, that he would serve no other process on the west side of the Alleghany mountain. The alternative being immediate death, extorted from the marshal a compliance with this condition; notwithstanding the just sense of official dignity, and the firmness of character, which were witnessed by his conduct throughout the trying scenes he had experienced.
The insurgents, on the 18th, sent a deputation of
Pittsburg, to require of the marshal a surrender of the process in his possession, intimating, that his compliance would satisfy the people and add to his safety; and also to demand of general Neville, in peremptory terms, the resignation of his office, threatening in case of refusal, to attack the place and take him by force: demands which both these officers did not hesitate to reject, as alike incompatible with their honour and their duty.
As it was well ascertained, that no protection was to be expected from the magistrates or inhabitants of Pittsburg, it became necessary to the safety, both of the inspector and the marshal, to quit that place; and, as it was known that all the usual routes to Philadelphia were beset by the insurgents, they concluded to descend the Ohio, and proceed by a circuitous route to the seat of government;—which they began to put in execution on the night of the 19th of July.
Information has also been received of a meeting of a considerable number of persons at a place called Mingo-Creek Meeting-House, in the county of Washington, to consult about the further measures which it might be advisable to pursue: that at this meeting a motion was made to approve and agree to support the proceedings which had taken place, until the excise law was repealed, and an act of oblivion passed. But that, instead of this, it had been agreed, that the four western counties of Pennsylvania, and the neighbouring counties of Virginia, should be invited to meet in a convention of delegates, on the 14th of the present month, at Parkinson's, on Mingo-Creek, in the county of Washington, to take into consideration the situation of the western country, and concert such measures as should appear suited to the occasion.
It appears, moreover, that on the 25th of July last, the mail of the United States, on the road from Pittsburgh to Philadelphia, was stopped by two armed men, who cut it open, and took out all the letters, except those contained in one packet; these armed men, from all the circumstances which occurred, were manifestly acting on the part of the insurgents.
The declared object of the foregoing proceedings is to obstruct the execution and compel a repeal of the laws laying duties on spirits distilled within the United States, and upon stills. There is just cause to believe, that this is connected with an indisposition, too general in that quarter, to there in the common business of the community; and with a wish, among some persons of influence, to embarrass the government. It is affirmed by well informed persons, to be a fact of notoriety, that the revenue laws of the state itself, have always been either resisted or very defectively complied with in the same quarter.
With the most perfect respect, I have the honour to be, Sir, Your most obedient, and Humble servant, Alexander Hamilton. The President of the United States.
At a Court continued and held for Berkeley County, the 20th day of August, 1794. Adam Weaver, Compt. } In Chancery. vs. Thomas Crumpton, Deft. } THE defendant not having entered his appearance agreeable to an act of Assembly and the rules of this Court, and it appearing to the satisfaction of the Court that he is not an inhabitant of this Commonwealth. On the motion of the complainant by his counsel, it is Ordered, that the said defendant do appear here on the third Tuesday in November next, and answer the bill of the complainant, and that a copy of this order be forthwith inserted in the Virginia Gazette for two months successively, and published at the Church door in the parish of Norbourne, on some Sunday immediately after divine service, and also at the door of the Court-House of the said County. A copy. Test. MOSES HUNTER, C. B. C.
ALL persons indebted to the subscriber by Bond, Note, or Book account, or otherwise, are hereby informed, that unless they discharge the same in fifteen days from this date, the same will be lodged in the hands of Samuel Reed, Esq. for the purpose of bringing suits thereon, without any discrimination. ELI PHELPS. Berkeley County, September 8, '94.
ALL persons indebted to the estate of William Crumley, of Berkeley County, by bonds, bills, notes, or open accounts, or indebted in any way, are hereby earnestly requested to make immediate payment, as no much further indulgence will be given; and those who have demands against the said estate, are requested to make them known that they may be settled, by DAVID FAULKNER, } Executors. SARAH CRUMLEY. }
June being the month for receiving annual entries of stills, endeavours were used to open offices in Westmoreland and Washington, where it had hitherto been found impracticable. With much pains and difficulty, places were procured for the purpose. That in Westmoreland was repeatedly attacked in the night by armed men, who frequently fired upon it; but according to a report which has been made to this department, it was defended with so much courage and perseverance, by John Wells, an auxiliary officer, and Philip Ragan, the owner of the house, as to have been maintained during the remainder of the month.
That, in Washington, after repeated attempts, was suppressed. The first attempt was confined to pulling down the sign of the office, and threats of future destruction. The second effected the object in the following mode. About twelve persons, armed and painted black, in the night of the 6th of June, broke into the house of John Lynn where the office was kept, and after having treacherously seduced him to come down stairs, and put himself in their power by a promise of safety to himself and his house, they seized and tied him, threatened to hang him, took him to a retired spot in the neighbouring wood; and there, after cutting off his hair, tarring and feathering him, swore him never again to allow the use of his house for an office, never to disclose their names, and never again to have any sort of agency in aid of the excise: Having done which, they bound him naked to a tree, and left him in that situation till morning; when he succeeded in extricating himself. Not content with this, the malcontents, some days after, made him another visit; pulled down part of his house, and put him in a situation to be obliged to become an exile from his own home, and to find an asylum elsewhere.
During this time, several of the distillers, who had made entries and benefited by them, refused the payment of the duties; actuated, no doubt, by various motives.
Indications of a plan to proceed against the inspector of the revenue, in the manner which has been before mentioned, continued. In a letter from him of the 10th of July, he observed, that the threatened visit had not yet been made, though he had still reason to expect it.
In the session of Congress which began in December 1793, a bill for making the amendments in the laws, which had been for some time desired, was brought in, and on the 3th of June last became a law.
It is not to be doubted, that the different stages of this business was regularly notified to the malcontents, and that a conviction of the tendency of the amendments contemplated to effectuate the execution of the law, had matured the resolution to bring matters to a violent crisis.
The encreasing energy of the opposition, rendered it indispensable to meet the evil with proportional decision. The idea of giving time for the law to extend itself, in scenes where the dissatisfaction with it was the effect, not of an improper spirit, but of causes which were of a nature to yield to reason, reflection, and experience (which had constantly weighed in the estimate of the measures proper to be pursued) had had its effect, in an extensive degree. The experiment, too, had been long enough tried, to ascertain, that where resistance continued, the root of the evil lay deep, and required measures of greater efficacy than had been pursued. The laws had undergone repeated revisions of the legislative representatives of the union, and had virtually received their repeated sanction, without even an attempt, as far as is now recollected, or can be traced, to effect their repeal; affording an evidence of the general sense of the community in their favour. Complaints began to be loud, from complying quarters, against the impropriety and injustice of suffering the laws to remain unexecuted in others.
Under the united influence of these considerations, there was no choice but to try the efficiency of the laws, in prosecuting with vigour, delinquents and offenders.
Process issued against a number of non-complying distillers in the counties of Fayette and Alleghany; and indictments having been found at a circuit court, held at Philadelphia in July last, against Robert Smille and John Mc'Colloch, two of the rioters in the attack, which, in November preceding, had been made upon the house of a collector of the revenue in Fayette county, processes issued against them also, to bring them to trial; and if guilty, to punishment.
The marshal of the district went in person to serve these processes. He executed his trust without interruption, though under many discouraging circumstances, in Fayette county; but while he was in the execution of it in Alleghany county, being then accompanied by the inspector of the revenue (to wit) on the 15th of July last, he was beset on the road by a party of from thirty to forty armed men, who, after much previous irregularity of conduct, finally fired upon him; but as it happened, without injury either to him or to the inspector.
This attempt on the marshal was but the prelude of greater excesses.