.......

^^

j "

HIST0BY

OF THE

WESTERN INSURRECTION

IN WESTERN PENNSYLVANIA,

COMMONLY CALLED THE

WHISKEY INSURRECTION.

1794.

BY

H. M. BRACKENRIDGE,

V

AUTHOR OF THE "HISTORY OF THE LATE WAR WITH ENGLAND," "VIEWS OF LOUISIANA," "VOYAGE TO SOUTH AMERICA," AC.

OF THE

UNIVERSITY

OF

PITTSBURGH: PRINTED BY W. S. HAVEN,

CORNER OF SECOND AND MARKET AND THIRD AND WOOD STREETS

4 1859.

E& Press

Entered according to Act of Congress, in the year 1859, by H. M/BRACKENRIDGE,

In the Clerk's Office of the District Court of the United States for the Western . ... District of the State of Pennsylvania.

CONTENTS.

INTRODUCTION. Letter to Alexander Brackenridge, Esq., ...... Page 5

CHAPTER I.-

Western Pennsylvania — Population — Excise Law — Public Meetings — Acts of Violence, . . v .1. . .;:.;• -. ; /.. ' ,'j. ... . 15

CHAPTER II.

Popular Outbreak' — Attack on the Marshal — Destruction of Neville's House — Alarm in Pittsburgh — Escape of the Marshal and Inspector, . . 39

CHAPTER III.

The Mingo Creek Meeting — Violence of Bradford — Speech of Brackenridge — Causes of the Outbreak — Case of Miller, . 1 . ... . 57

CHAPTER IV.

The Robbery of the Mail — The self-appointed Convention, and Circular to the Militia Officers, directing a Rendezvous at Braddock's Field — The Town Meeting at Pittsburgh, 79

CHAPTER V.

The Assemblage at Braddock's Field — Difficulty of Saving the Town, . 99

CHAPTER VI.

Acts of Violence following the Assemblage at Braddock's Field — Tom the Tinker — Delegates to Parkinson's Ferry, ....... 127

CHAPTER VII.

The Meeting of the Delegates at Parkinson's Ferry — The Resolutions adopted there — Appointment of a Committee of Conference, . . . 152

CHAPTER VIII.

The Measures of the Government — Arrival of the Commissioners — The Confer ence, . . . . . 190

102111

iv CONTENTS.

CHAPTER IX.

Report of the Committee of Conference laid before the Standing Committee — Dif ficulties encountered — ^ote by Ballot — Majority for Peace, but not satisfactory to the Commissioners, ... .*. .. . • « " . • 218

CHAPTER X.

Reluctance of the People to sign the Submission — Meeting of the Congress of Delegates, and a general Submission, : .- . . . . . 246

CHAPTE R XI.

Calling out the Military to suppress the Insurrection — The Delegation to the Pres ident from the West, . . . . . . . .... 263

CHAPTER XII.

The Army enters the West — Its ferocious temper — The Attempt to Assassi nate Mr. Brackenridge — The Military Inquests — Examination of Mr. Brack- enridge, and Acquittal, ......... 288

CHAPTER XIII.

The Military Arrests, and atrocious Treatment of the People — The Dreadful Night — Withdrawal of the Army — The End of the Insurrection, . 312

TO ALEXANDER BRACKENRIDGE, ESQ.

MANY years ago, we conversed together on the subject of republishing our father's work, entitled "Incidents of the Western Insurrection." which had been long out of print — although remarkable for the truthful and graphic account it gave of one of the most important occurrences of American history. But, after reflecting on the subject, we concluded, that however interesting as a piece of contemporary history, and however much it might conduce to his fame, there were considerations of delicacy and feeling which stood in the way of such republication. These were principally, the strictures on the acts of persons who had passed from the stage of life, but whose descendants might be pained by the exhibition of their forefathers in an unfavorable light. Instead of pursuing the course which at first suggested itself, I adopted the plan of writing a biographical notice, giving a brief outline of the incidents of the Insur rection, saying enough to do justice to our father, but carefully avoiding everything that could possibly wound the sensibility of any survivor, or descendant, of those with whom he came in conflict during those trying times. This was published in the " Southern Messenger/' Richmond, Virginia, and afterward as an introduction to " Modern Chivalry."

This delicacy was not met in a corresponding spirit. A work, under the title of " History of Pittsburgh/' was published by Neville B. Craig, the representative of the " Neville connection," in which there is a most perverted and false representation of the conduct of the people of West ern Pennsylvania, and of the town of Pittsburgh, and, at the same time, the grossest misrepresentation of the actions and motives of individuals who were most active in restraining the excesses of the people, who con sidered themselves aggrieved by the excise laws. Our father, especially, who had been at variance with some of the Neville connection previous to the insurrection, in consequence of professional acts, which he thought honorable — was the object of the most indecent abuse by the scurrilous

VI INTRODUCTION.

writer just mentioned. Charges and insinuations, which had been met and annihilated sixty years before, were revived, and where proof was wanting to sustain them, their place supplied by mere vulgar billingsgate epithets. It was not in my power to be silent; a newspaper controversy ensued, and the detractor was treated by me with unavoidable severity, as well as others whom I would willingly have spared. But I found that in the narrow bounds of a newspaper it was impossible to da_justice to the subject; I, therefore, set about a more full and complete narrative, of historical acts, with the details of a connected memoir. This was due to my countrymen of Western Pennsylvania, and to my townsmen of Pitts burgh, so scandalously libeled by Neville B. Craig, in his pretended " History of Pittsburgh."

Our father was first drawn into the vortex of the popular movement, at the earnest solicitation of Col. Neville, the son of the collector of the excise, with the avowed object of preventing the excesses of the disaf fected. Although opposed to the oppressive excise laws, as was every man west of the mountains, with the exception of those engaged in the collection of the revenue, he never for a moment encouraged any illegal opposition. Col. Neville was a gentleman of education, and the only one of the " connection" on friendly terms with him, and it is to be regretted that he failed to fulfill the engagement to which he was bound in honor, and which will be more fully explained in this narrative. Our father, thus -placed between the people and the government, as negotiator and peace maker, was peculiarly exposed to the dangers of misconception. In telling the truth to the people in the hearing of the government, and to the government in the hearing of the people ; he suffered a temporary loss of popularity with the one, and incurred the suspicion of the ether. This was only rectified by time and events, after exposing him to imminent danger from both parties. His efforts were directed to two objects : the first, to arrest the progress of opposition to the government; the second, to obtain an amnesty, or act of oblivion, for the imprudent acts of violeuce which had been rashly committed ; in other words, to prevent riots from as suming the formidable front of insurrection. In this he succeeded, and for which, instead of being rewarded by the civic crown, he was exposed to the danger of assassination, of government prosecution, and popular obloquy. Those who had the government ear, succeeded in producing the impression that he was behind the screen, the instigator of every illegal movement ; while the very same persons, with the usual disregard of con sistency attendant on falsehood, insinuated to the people that he had sold them to the government for a consideration ! The narrative now present-

INTRODUCTION. Vll

ed to the public, will exhibit one of the most extraordinary cases on record, of great services remaining not merely unrewarded and unac knowledged, but of the grossest injustice long continued, and not entirely corrected to this day; for we still occasionally hear of ^ the insurgent Brackenridge." In appealing to the unbiassed and impartial judgment of the American people, and especially of those of Western Pennsylvania, I will boldly put in issue the assertion, that he saved the western country from the horrors of civil war, the town of Pittsburgh from destruction, and the Federal Union from the greatest danger it has ever encountered.

Such was the sinister influence of these misrepresentations, by persons who had joined the army on its march to put down an insuprection which never existed, and even after mob violence had ceased, that even Alexan der Hamilton, who was the head and front of the expedition, appears to have conceived the most unfounded prejudice against the people, and against individuals. A letter written by him from Bedford, which has been preserved, and very improperly published in his posthumous works, by those who did not know what they were about, contains the following lan guage : " It appears that Brackenridge did not subscribe [the amnesty] until after the day, and it is proved that he is the worst of all scoundrels/' Thus the author of the amnesty was to be denied its benefits, because being engaged through the day in riding through the rural districts, per suading the people to sign, he did not reach home until after midnight. And yet, nine days after, when Hamilton was enabled to judge for him self on the spot, and after hearing the " chief insurgent," and receiving the statements of reliable persons, he expresses himself as follows: "Mr. Brackenridge, my impressions were unfavorable to you ; you may have observed it ; I now think it my duty to inform you that not a single one remains ; had we listened to some people, I know not what we might have done ; your conduct has been horribly misrepresented, owing to miscon ception ; I will announce you in this point of you to Gen. Lee, who represents the Executive j you are in no personal danger, and will not be troubled even with a simple inquisition by the judge — what may be due to yourself with the public, is another question. "

On this hint our father prepared his account of the insurrection, pub lished a year afterward, and containing the above passage, which was never contradicted, although Hamilton lived many years after the publi cation. Craig admits the fact of the ." acquittal," as he calls it, but ques tions the language ascribed to Hamilton. On what grounds ? On the principles of historical evidence? No — on the narrow technical rules of a court of justice. But when asked by me, was not this published at the

Vlll INTRODUCTION,

time, and as it were in the presence of the Neville connection, who were implicated, and could they not have appealed to Hamilton ? his only reply is an absurd equivocation, very little complimentary to the high aristocratic association or cabal, of which he is the representative : "Presley Neville was too indolent to undertake the task, and the others had not the ability." Alas ! poor Yorick !

The suggestion of Hamilton was adopted, and produced a rare example of the value of contemporary history. There is not only the conscien tious evidence of an honest witness, but also under the restraints of the thousand other witnesses, ready to challenge any material devia tion from truth. No man having a regard for his reputation, would, under such circumstances, run the risk of contradiction. There is scarcely an instance in which the author relies on his own naked asser tions, without reference to persons who were present, and who had it in their power to confute or confirm. Besides this, a case was regularly made before the great tribunal of public opinion, and a challenge formally given to all to appear before it, if they chose to call the author's veracity in question. They were silent, and this silence must be taken for an admission of the truth of his statements. It is, besides, in almost every material point, sustained by statements of unimpeachable witnesses, many of them under the solemnity of an oath. Among these statements are those of the most distinguished public men then in Western Pennsyl vania. Short extracts were made from some of these, and added to the biography published in the " Literary Messenger." Neville Craig objects to these extracts, because they do not contain the whole, and falsely insin uates that, if the whole of the papers were published, there would appear certain qualifications which would change their character; secondly, that the persons who gave their testimony in his favor were actuated by charita ble motives in disguising the truth. To meet the first objection, the docu ments are now published in full ; as to the second, the only answer is silence — anything else would be an insult to the reader.

These few extracts, considering the standing and distinguished charac ter of the persons from whom they were drawn, are sufficient, without any thing further, to satisfy any man of decent understanding — any man of candor — any man who pretends to have the feelings of a gentleman. James Ross was the Senator in Congress, and one of the Commissioners appointed by the government to treat with the supposed insurgents, and with whom our father was almost in daily conference during that period ; his statement covers every ground which could possibly be occupied. General John Wilkins, who also acted with him — Judge Addison — John

INTRODUCTION. IX

Hoge, State Senator — Henry Purviance, Prosecuting Attorney — would alone carry with them an irresistible weight of authority.*

The " History of the Western Insurrection," by William Findley, was published the year after the " Incidents." These two contemporary publi cations are the sources whence the work now offered to the public was mainly drawn. I was but a boy at the time of the events related, yet from precocious training, and being constantly in the society of my father, I was accustomed to take an interest in public affairs far beyond my years ; I heard all the circumstances related by eye witnesses, and heard it universally admitted, that by his address and activity, the town was saved from destruction by the mob which marched in from Braddock's Field.

In the face of the testimony of persons of the highest standing in the West, Neville Craig, in his book, insinuates that our father was the secret instigator of every unlawful act done by the mob ! He also declares that his only motive was an insane ambition to be elected to Congress, for which he was then a candidate, without regarding the fact, that in the course pursued by him, he had entirely sacrificed his popularity ! He tells us, also, that he was bought by the government ; and again, that he only saved his life by agreeing to turn " State's evidence" against his instruments, affording a curious instance of a principal saving himself by denouncing his obscure accomplices. When these false and absurd asser tions were nailed to the counter in our newspaper controversy, he endeav-

* In a recent publication of the Treasurer of the Pennsylvania Historical Society, a letter by John Wilkins, Esq., Sr., is given in mistake as from Gen. Wilkins, his son. The meagre memoirs of James Gallatin is scarcely deserving of notice. The extracts above referred to are as follows :

"I saw many alarmed for the safety of the country, and for the establishment of the government; I thought none of them more sincerely so than yourself." JAMES Ross.

" My opinion of your conduct throughout the whole of the insurrection in this country, I will give without reserve. It appears to have two objects, to arrest the progress of the present violence, and to procure an amnesty for that already committed, and thus prevent the flame from spreading beyond the country in which it had originated." HENRY PURVIANCE.

" I had daily opportunity of observing your conduct, and conversing with you ; I never had a doubt but that you were actuated by the purest motives, and anxious for the restoration of the laws."

JOHN WILKINS.

" I know you have enemies, and believe they are my friends ; I respect them and regard you ; the belief that you directly or indirectly was concerned in the late insurrection, can only be entertained by those who, from their distance from the scene of action, have been imposed upon by misrepresentation, and have, therefore, formed conclusions upon illfounded premises, or by your enemies, have prevented inquiry." JOHN HOGE.

" It is impossible for me, without erasing all my impressions of your character and conduct, to suppose you ever advised any illegal opposition to the excise laws." ALEXANDER ADDISON.

X INTRODUCTION.

ored to shelter himself behind Hildreth, from whose History of the United States he had extracted some of the offensive passages which he had adopted as his own. The character of Hildreth, as a mere partisan bigot, is well known : the disparaging manner in which he has spoken of Jeffer son and Madison, and his idolatry of Alexander Hamilton, who had doubtless great qualities, but was not a god, have fixed a low estimate on his political works. It was reserved for Neville Craig to use such expres sions as these — " Brackenridge was a cold-blooded, calculating villain" — he was the "worst of scoundrels" — which could not fail to rouse and justify the most indignant feelings on the part of his descendants and relatives. If Craig has been handled with severity, it is only the conse quence of his own malignity.

There is one passage in his book which I cannot refrain from quoting, as a curiosity. It is a striking instance of that perverted view of per sons and things, which characterizes his peculiar mind. Here it is : " Of the leading actors in this insurrection, Brackenridge, Gallatin^ Find- ley, Smiley, all foreigners by birth, all subsequently partook largely of popular favor ; and Bradford alone, a native born, the bravest and best among them, fled to Louisiana, then a Spanish province/' Can any one point out the meaning of this stupid paragraph ? What inference is to be drawn from the fact, of the four being foreigners by birth ; although in America long before the Revolutionary war, having fought through it, and in the case of our father, having come in childhood ? Before the Declara tion of Independence, all were subjects of Great Britain, and all then living, according to this, must be regarded as foreigners ! But the most singular part of this curious intellectual obliquity, is the saying, that Bradford, "the bravest and best among them, fled to Louisiana,- then a Spanish territory." Is this the evidence of his being the " best and the bravest " among those who defeated his wicked and foolish attempt to excite an insurrection and civil war ? It would be an idle waste of words to pursue such nonsense any further — such perverted notions of patriot ism and moral worth, are deserving only of a verdict of lunacy.

But is there not a key to this strange laudation of the traitor Brad ford, " the bravest and the best,of them all ?" We shall see.

Neville Craig declared in his controversy with me, that from his earliest childhood he had conceived a deadly hatred to " the insurgent Bracken ridge," and a firm conviction of his criminality — and of course imbibed from his elders of the " Neville connection." I will always except Col. Presley Neville, who might have cherished different feelings, under dif ferent circumstances. This deadly hatred is easily explained by the cir-

INTRODUCTION. XI

ciiinstance of " the insurgent Brackenridge " having on a certain occasion compelled one of the connection to bring back, and restore to freedom, a free colored woman, who had been run off to Kentucky. This led to a deadly feud, and fierce personal rencontre, and suits were depending in court at the time of the breaking out of the insurrection. Besides this, the lawyer, although no abolition fanatic, (as Neville Craig is at present,) was yet friendly to the scheme of gradual extinction of slavery, while the " connection," originally from Virginia, and holding lands under Virginia grants, were the only large slaveholders in the country.

A few days after the destruction of the house of the elder Neville by the rioters, a numerous meeting was convened at the Mingo creek meet ing-house, a large majority of which was composed of persons who had been engaged in the outrage. At the solicitation of Neville the younger, (Presley Neville,) the " insurgent Brackenridge" attended. Bradford appeared, and in an inflammatory speech insisted on a vote to "sustain the brave fellows who had been engaged in burning Neville's house." This was defeated by the " insurgent Brackenridge/' and which caused the meeting to break up. Is this a key to the subsequent conduct of Major Craig ? Surely, that gentleman could not approve, or ever after consim- ilate with the man who could applaud the treason and the destruction of his father-in-law's property? This is not to be supposed. When Brad ford, a few days after this, employed a half-witted desperado to stop the post rider, and steal the mail, and deliver it to him — this, certainly, did not meet the approbation of the Neville connection ! When, again, the same individual, a few days later, of his own authority, issued circulars to the commanders of militia regiments, to assemble at the places of annual rendezvous, where important secrets were to be revealed to them, deeply affecting their interests and their safety — this, certainly, is no proof that Bradford was the " bravest and the best." When at that meeting the in tercepted letters of the Neville connection were produced, and read by Bradford, and the intention was avowed to march into town, destroy the houses of the so-called public enemies — this project was again defeated by the address and management of the "insurgent Brackenridge." A pre tended banishment of the obnoxious persons, by the town, had been en acted — a mere tub to the whale — the only thing which could have saved the lives and property of the proscribed persons, and consequently the town itself from destruction. Now, is there anything in this to approve in the conduct of Bradford ? No, certainly. When, afterward, at the Parkinson's Ferry meeting of the delegates, Bradford brought forward his treasonable plans for levying war against the government, in which he was

Xll INTRODUCTION.

again baffled by the odious " insurgent Brackenridge," I would ask, whether such attempt was approved by the " connection," or their repre sentative, Neville Craig? Surely no. Yet, according to this historian, Bradford was the " bravest and the best." When, after the conference of the commiteee of twelve with the United States Commissioners, they had agreed to submit to the government, on the condition of amnesty, and the "insurgent Brackenridge" repaired, with the report he had drawn up, to obtain the sanction of the standing committee of sixty, at Brownsville, Bradford was the only one of the twelve who opposed its adoption, and again brought forward his treasonable propositions, in which he was again defeated by the insurgent, who, in the boldest and most unqualified terms, denounced the conduct of the rioters, insurgents and traitors, or whatever else they may be called, — at the same time offering up the last shred of his popularity on the altar of patriotism. What says the representative of the " Neville connection " on this head ? Bradford was the " bravest and the best," and " Brackenridge, a cold-blooded, calculating villain" — u a deceitful, unprincipled demagogue."

When the army and the government officials reached the scene of the recent outrages, their minds had been poisoned by the so-called exiles, and those who returned with the army; their rage was directed against those who had exerted themselves in the most meritorious manner on the side of the government, during the continuance of the disturbance, and against none of them more relentlessly than against the " insurgent Bracken ridge." An inquisition was instituted, and evidence against him sought from every quarter, the Nevilles acting as prosecutors on this star-cham ber tribunal. It was not long, however, before Hamilton and his associates began to open their eyes, and to see into the true motives and the falsity of the pretended accusation. A trivial circumstance served to cause the ungenerous persecution to explode like a rotten egg. A fragment of a letter had been picked up, addressed to Bradford, with the signature of H. H. Brackenridge appended. It alluded in a mysterious manner to some papers that were wanting before proceeding in the matter. Accord ing to the conjecture of the author of the " Incidents," this was done by Major Craig, in his capacity of notary public — for this was one of his offices — but he gives it only as conjecture, which he never substitutes for fact. When the investigation was nearly brought to a close, this ominous paper was produced by Hamilton, and turning to James Ross, he observed : " Mr. Ross, you have pledged yourself that there was no correspondence between Brackenridge and Bradford — what do you say to this — is not this the handwriting of Brackenridge ? " " It is his handwriting," said Ross,

INTHODUCTION. Xlll

" but there is only this small difference in the case — this letter is ad dressed to William Bradford, (Attorney General, and one of the Commis sioners,) and not to David Bradford/' A profound silence ensued, as if a rock had fallen — that silence was first broken by Hamilton. " Gentle men," said he, "we are going too fast — we must stop here." It was but a day or two after this that the personal conference took place between him and the intended victim of the " connection."

Now, if the mere circumstance of addressing a letter to Bradford by the " insurgent Brackenridge," was a ground of suspicion, what shall we say of the friendly letter addressed to that person by Major Craig, shortly before Bradford's flight, as a self-convicted traitor, with all the wrongs done or intended to the " Neville connection " on his head ? Could any one of the connection correspond with such a man, under any circum stances, without a disregard of all delicacy or propriety? There can be no excuse or apology for such an act ; the only clue to it is the deep and deadly feeling of hatred to the " insurgent Brackenridge." The ostensible motive for this revolting act, was to learn from Bradford whether the " insurgent Brackeuridge " had manifested hostile feelings to Craig, personally, especially at Braddock's Field, in the committee of officers, and had spoken of him in a disrespectful manner. Was there no other person but the traitor Bradford to whom such inquiry could be ad dressed ? The truth is too palpable — and sustains the conjecture of the " Incidents" — that the real design was to make a witness of Bradford against the supposed insurgent; and knowing his reckless disregard of truth, it was supposed he would say anything to save himself, through the powerful influence of the " Neville connection." In this they were dis appointed ; for, although Bradford, in his reply to Craig, said enough to gratify hate, yet the main and real object, if the conjecture be correct, was not attained. Bradford dared not venture on the monstrous and self- evident falsehood, of implicating the hated enemy of the Nevilles, either as principal or accessory, in his treasonable designs ! Besides, he began to fear that his case was so peculiar in its atrocity, that he could not count with certainty, even with the aid of the most powerful influence, on being included in the amnesty, which he had opposed, and then signed " on the day." His case was beyond the power of " mandragon or hellebore." He, therefore, "fled to Louisiana, then a Spanish province," where he " shared largely" of royal favor, in grants of land ! I hope I have now done forever with the "Neville connection" and their representative.

Our father was ever morbidly sensitive to any imputation on his in tegrity or honor ; knowing this, it becomes especially incumbent on us to

XIV INTRODUCTION.

suffer no stain to rest on his memory. He was ever doing benevolent acts, and repenting of them when he felt the sting of ingratitude — and yet re peating them whenever an appeal was made to his philanthropy. Smart ing under a sense of this injustice, on some occasion during the insur rection, he uses this language : "I acted on the law of Solon — the wise &ndjust being obliged to take some side, as well as the envious and wicked, matters were more easily accommodated. But if I were to go through these scenes again, I would not follow the law of Solon, but leave the government and the insurgents to settle their difficulties as best they could." It is very questionable whether he would have been able to re sist his natural propensity, and remain selfishly neutral, and join —

Aquel cattivo coro Degli angeli, que non furon rebelli, Ne fur fideli a dio, ma por se furon. —

That caitiff crowd

Of the angels, which neither rebelled, Nor faithful stood — from love of self alone. —

Your affectionate brother,

H. M. BRACKENRIDGE.

WESTERN INSURRECTION.

CHAPTER -1;;

WESTERN PENNSYLVANIA POPULATION — EXCISE LAW — PUBLIC MEETINGS —

ACTS OF VIOLENCE.

THE western part of Pennsylvania, lying around the head of the Ohio, in a radius of more than a hundred miles, and separated on the east by the Allegheny mountains, and extending to Lake Erie on the north, is one of the most beautiful portions of America — perhaps of the whole world. Eighty years ago, its finely wooded hills, fertile to their sum mits — its rich and delightful valleys, clothed with primeval forests, formed a hunter's paradise. At this day, instead of being an uninhabited wilderness, enlivened by the howl of the wolf or the gleam of the Indian tomahawk, it teems with an industrious, intelligent and Christian population, whose cattle feed on a thousand hills, and whose well watered, cultivated fields, gladden the eye ; while cheerful dwellings on every slope are seen glistening in the warm light of its azure skies. It is now filled with cities, towns and villages, and is not surpassed by any portion of equal extent in the Union for its mineral, manufacturing and agricultu ral wealth. It is as lovely a land as ever opened its bosom to the genial sun. In its picturesque beauties, the lover of nature, the painter, and the poet, might revel in unsated delight.

Before the ^Revolutionary war, the possession of this country was often the subject of bloody contest between England and France — a struggle of incalculable importance, as it decided the ownership of the vast and majestic regions of the West. It was here the fame of Washington first dawned upon his country. * But it was not until the final expulsion of the French, about the year 1758-9, that any settlement could be attempt-

*" History of Braddock's Expedition," by Winthrop Sargent.

16 WESTERN INSURRECTION.

ed ; and not until 1766, after the peace, or rather truce, made with the Indians, by Col. Boquet, that any white man ventured to make it his place of permanent abode. The first settlement was on Redstone creek, which empties into the Monongahela, forty miles above Pittsburgh ; but under the too well grounded fear of the Indian tomahawk and scalping knife, which continued almost to the very period of the Insurrection, while war was still raging on the banks of the Ohio. There was a diffi culty in their way, on account of the disputed boundary between Virginia and Petiiisylvania*; the former claiming the country in the neighborhood of the Monongahela, which rendered the title to land uncertain, although it had baea liGiial far 'both, governments, for the purpose of encouraging settlements on the frontier, the outposts of civilization, to recognize preemption rights in favor of the settlers, previous to issuing warrants, the first step toward legal title.

In the year 1768, the Proprietory (the Penn family,) had purchased the country from the Indians as far west as the Ohio and Allegheny rivers. The country north of the latter river was, and long continued to be known as' the "Indian country," while the portion adjacent to the Mo nongahela continued to be the subject of contention between the two provinces, until finally settled after the Revolution, by a friendly commis sion. The office of the Proprietory for the sale of lands was opened in April, 1769, although the settlements had already commenced. The set tiers (of Scottish descent,) were chiefly from the Pennsylvania counties, on the other side of the mountains, who by degrees extended the frontier, exposed to the same savage warfare which they and their fathers, on the eastern side of the Alleghenies, had already experienced, and perhaps too often provoked. Every man was accustomed to the use of the rifle, and seldom went abroad without that formidable weapon. They were, in fact, a warlike race ; besides their Indian wars, they had sent two regi ments to aid in the cause of independence. The facility for obtaining land, was no doubt a great inducement ; but it is certain that the nucleus of these settlements was composed of an enterprising and intelligent pop ulation, and who, far from being a lawless people, as we have seen it the case in some of our new territories, held the law and constituted author ities in respect with an almost religious feeling.

The number of very superior men brought on the stage by the Western Insurrection, cannot fail to excite surprise. The rapid increase of pop ulation, toward the close of the Revolutionary war, somewhat alloyed the original character, by the accession of numbers, among whom there was a proportion of desperate characters ; and although the farmers were orderly

POPULATION. I?

and respectable, many of them possessing considerable landed wealth, jet there were others, little better than mere squatters, ready to engage in lawless enterprises at the instigation of a popular leader. The four west ern counties, at the time of the Western Insurrection, or riots, (Westmore land, Fayette, Washington and Allegheny,) contained about seventy thou sand inhabitants, scattered over an extent of country nearly as great as that of Scotland or Ireland. Except Pittsburgh, which contained about twelve hundred souls, there were no towns except the few places appointed for hold ing the courts of justice in each county. There were scarcely any roads, the population had to find their way as they could through paths or woods, while the mountains formed a barrier which could only be passed on foot or on horseback. The only trade with the East, was by pack- horses ; while the navigation of the Ohio was closed by Indian wars, even if a market could have been found by descending its current.

The farmers, having no market for their produce, were from necessity compelled to reduce its bulk by converting their grain into whiskey ; a horse could carry two kegs of eight gallons each, worth about fifty cents per gallon on this, and one dollar on the other side of the mountains, while he returned with a little iron and salt, worth at Pittsburgh, the former fifteen to twenty cents per pound, the latter five dollars per bushel. The still was therefore the necessary appendage of every farm,* where the far mer was able to procure it ; if not, he was compelled to carry his grain to the more wealthy to be distilled. In fact, some of these distilleries on a large scale, were friendly to the excise Jaws, as it rendered the poorer farmers dependent on them.

Such excise laws had always been unpopular among the small farmers in Great Britain ; they excited hatred, which they brought with them to this country, and which may be regarded as hereditary. Scarcely any of the causes of complaint which led to the revolution, had so strong a hold on the people of Pennsylvania as the stamp act, an excise regarded as an oppressive tax on colonial industry. Every attempt of the Colony, or State, to enforce the excise on home distilled spirits had failed ; and so fully were the authorities convinced that they could not be enforced, that the last law on the subject, after remaining a dead letter on the statute book, was repealed just before the attempt to introduce it under the Federal

* " For these reasons we have found it absolutely necessary to introduce a number of small distilleries into our settlements, and in every circle of twenty or thirty neighbors one of these are generally erected, merely for the accommodation of such neighborhood, and without any commercial views whatever." — Petition of in habitants of Westmoreland county, 1790. Pa. Arch., XI. 671.

18 WESTERN INSURRECTION.

financial system, by the Secretary of the Treasury, Alexander Hamilton. The inequality of the duty between the farmers on the west and on the east side of the mountains, could not fail to strike the most common mind; for the rate per gallon on both sides was the same, yet the article on the west was worth but half of that on the other side. There were, more over, circumstances necessarily attending the collection of the tax revolt ing to the minds of a free people. Instead of a general assessment, a license system confined to a few dealers on a large scale, or an indirect tax on foreign imports, while in the hands of the importers or retailers ; this tax created a numerous host of petty officers, scattered over the country as spies on the industry of the people, and practically authorized at almost any moment toi nfiict domiciliary visits on them, to make arbitrary seizures, and commit other vexatious acts ; the tax was thus brought to bear on al most each individual cultivator of the soil. Laws which cannot be enforced but by such means, no matter what may be their object or moral nature, will always be revolting to the spirit of our people, and be executed with difficulty, or often evaded, laying the foundation of distrust in the govern ment, and want of mutual confidence between it and the people, which no fancied or real good can ever compensate. Nothing but the stern mandate of constitutional obligation can reconcile them to such laws. In this case, it is an act of duty ; in the others, merely an experiment of expediency, which ought to be abandoned, when found to be in opposition to the wishes and feelings of the country — or even of a large portion of its citizens, no matter how plausible the reasons which sustain them. It. is not the in tention of the writer to discuss the intrinsic merits of the excise laws, nor to weigh the justice of all the complaints made by the people of the West against them. Secretary Hamilton, in his Treasury lleport of 1792, has said everything in their favor necessary to form a sound judgment; and while much of his reasoning is satisfactory, there is also much, es pecially in what relates to the western counties, which is far from being so. The first Pennsylvania excise law was passed in 1756,* then under the province or government of the Penns. A second act was passed in 1772 ; the object of these was to redeem certain bills for debts incurred by the government. An exception was made in favor of spirits distilled from the products of the province, for the use of the owner. During the revolu tion, 1777, the law was extended, and some new provisions made to render the collection more effectual. Collectors were appointed for the western counties, but no attempt was made to collect the duties. It was regarded

* There is mention of excise long before this date, but it appears to mean license or tax. on sale; except, perhaps, that in Colonial Records, "vol. 111-12: 248-9-60.

EXCISE LAW. 19

as an ignominious service, chiefly owing to the traditionary prejudices of the Scotch-Irish, as already mentioned, who formed the great body of the population. The domiciliary visits, the arbitrary seizures, and other despotic acts, practically authorized,* as already observed, rendered them practically odious. The violation of the domicil was regarded by the com mon people with horror ; they were always ready to treat with contempt, if not to assail with actual violence, those who, for the sake of a little money, would accept such disreputable employment. About the year 1783, the Council of State became satisfied, from the prevailing odium in the western country, that no person could be got to accept the office, or if appointed, would offend their neighbors by an inquiry on the subject of the duties, or by searching their premises for that purpose. A certain vQra.ha.in, a man of broken fortune, who had kept a public house in Phila delphia, was found willing to accept the appointment of Collector General for the West ; but when he undertook to exercise his office he was treated with every possible contumely. Being unable to execute the law, he oc casionally compounded for small sums, which he appropriated to his own . use. The people occasionally amused themselves at his expense, by sing ing his wig, or putting coals into his boots.

In the year 1784, at the court in Westmoreland, he was besieged in his room, and kept there all night, alarmed by uncouth noises and terrible threats. He endeavored to prosecute those who had been outside of the house ; but on the trial, the persons sworn to by him, proved an alibi, and the prosecution failed. In the same year an advertisement was posted up, offering a reward for his scalp ! These vulgar pranks were disapproved by the respectable part of the people, but it was not in their power to prevent them. He was obliged to fly to Washington county, but was openly at tacked, in the neighborhood of Cross creek, by a number of persons in disguise. After shaving his head, they put him over the Monongahela, into Westmoreland county, and threatened him with death if he returned. Twelve of those concerned in the outrage were indicted, convicted and fined. A justice of the peace, of the name of Craig, accepted the office after this, and attempted to execute it, with no result, however, but that of becoming infamous with the populace. It does not appear that the law was executed in a single instance. Another attempt was made by a person of the name of Hunter, who made seizures in Pittsburgh in 1790, and instituted seventy suits against delinquent distillers ; in these cases, the suits were set aside for irregularity. Hunter soon after left the country and resigned his commission.

* Blackstone says these powers are necessary !

20 WESTERN INSURRECTION.

Such was the state of the public mind when the United States excise law was enacted in March, 1791. While the bill was before Congress, the subject was taken up by the State Legislature, then in session, and resolutions were passed in strong terms against the law, and requesting ,-' the senators and representatives, by a majority of thirty-six to eleven, to oppose its passage ; the minority voting on the principle that it was im proper to interfere with the actions of the Federal government, and not from approval of the law. They objected, also, to the inconsistency of approving a United States excise law while the State law was still unre- pealed. This had become absolute, but when attention was called to it, it was at once expunged from the statute book.*

Findley, of Westmoreland, and Smiley, of Fayette, being elected to Congress, took an active part against the law, and rendered themselves very odious to the Secretary of the Treasury, who was the father of it, as a part of his favorite financial system. The individuals before named, on their return to their constituents, contributed to increase, if anything could increase, the popular antipathy (not to use a stronger term,) to the law. " But/' observes Mr. Brackenridge in his " Incidents/' — " if these persons had been quiescent, the prejudice among the people was of itself irresistible. Had they attempted to reconcile them to the law, they would have instantly lost their popularity. In fact, that popularity depended on their being with the people, and consulting their prejudices. The mo ment they opposed the prevailing feelings of the multitude, they would

* The following are the resolutions passed the State Legislature :

" HOUSE OF REPRESENTATIVES, June 22d, 1791.

" The Legislature of this commonwealth, ever attentive to the rights of their con stituents, and conceiving it a duty incumbent on them to express their sentiments on such matters of a public nature as in their opinion have a tendency to destroy their rights, have agreed to the following resolutions :

*' Resolved, That any proceeding on the part of the United States, tending to the collection of revenue by means of excise, established on principles subversive of peace, liberty and the rights of the citizens, ought to attract the attention of this house.

" Resolved, That no public urgency, within the knowledge or contemplation of this house, can, in their opinion, warrant the adoption of any species of taxation which" shall violate those rights which are the basis of our government, and which would exhibit the singular spectacle of a nation resolutely oppressing the oppressed of others in order to enslave itself.

"Resolved, That these sentiments be communicated to the senators representing the State of Pennsylvania in the Senate of the United States, with a hope that they will oppose every part of the excise bill now before the Congress, which thall mil itate against the rights and liberties of the people."

GENERAL NEVILLE. 21

be politically dead. And it was not enough for them to remain silent; they were charged in the newspaper with the unpardonable neglect of suffering, while members of the State Legislature, an excise law to remain unrepealed on the statute book ! To atone for it, they were obliged to re double their diligence against all excise laws."

Such was the state of things when Gen. Neville accepted the office of Inspector under the Federal government, for the survey comprehending the four counties west of the mountains, with Bedford on the east. This gentleman had been popular, perhaps in part, from falling in with the common opinions and prejudices as respects the excise laws; certainly not on account of sustaining them. He was in the State Legislature when the law was passed. The claim for disinterested patriotism, in taking the office under the circumstances, was not universally admitted ; on the contrary, some said that in accepting, he was influenced by its emoluments, which would not have been the case if he had pursued the course of declining, and then recommending some one of equal respectability and capacity, and at the same time exerting his influence as a citizen to aidhim in the execution of its duties. As it was, the course pursued by him tended greatly to increase the unpopularity of the excise. The people were indignant at the idea of his having sought their favors, and then deserting them for the sake, as they believed, of the emolument of an office, under the law which they detested ! In fact, this is mentioned by Governor Mifflin as one of the causes of the insurrection.

The Secretary of the Treasury, in tracing these causes, laid great stress on the meetings held, and resolutions adopted by the people, against the law, but avoiding a reference to those passed by the State Legislature. Unfortunately he made no discrimination between the peaceful remon strance and the passage of certain resolutions which he styled " intem perate." To his mind, they appeared equally factious, and even treason able. According to this view, all right of remonstrance, or petition, or legal resistance to oppression, would be taken from the people. It was as suming the right to think for them, whether they were oppressed or not ; as if those who feel the oppression are not the best judges of its extent and severity ! Much of this, on the part of the Secretary, is to be ascri bed to the imperfect ideas of the rights of the citizens at that day, com pared with the more enlightened and liberal views which now prevail ; among which is the unquestioned right freely to censure the conduct of government agents. It will be proper in this place to pass briefly in re view the public meetings and the resolutions passed, so highly censured, in order that the reader may be enabled to judge for himself as to the

3

22 WESTERN INSURRECTION.

soundness of the Secretary's report, drawn as it is, with great ability, and therefore requiring the more careful scrutiny. The writer does not ap prove of " violent and intemperate" resolutions, although they be but words.

The first meeting was at Redstone Old Fort, (Brownsville,) on the 27th July, 1791, at which Findley, Smiley, Marshall, and a number of the in habitants were present. Col. Cook was chairman, and Albert Gallatin, secretary. It was resolved at this meeting, that it be recommended to the several counties to appoint delegates, at least three for each elective district, to meet at the seat of justice, and having collected the sense of the people in each county, from each of these delegates choose three to form a committee. These were to meet at Pittsburgh, on the first Tuesday of September, and there draw up and pass resolutions expressing the sense of their constituents respecting the excise law.*

The meeting at Redstone, it will be perceived, was only preliminary to that to convene at Pittsburgh. No resolutions were passed relative to the excise law, and according to Findley, many who attended it were desirous of reconciling the people to submission. He expresses his surprise that the Secretary should refer to it as one of the causes of the insurrection.

At the preparatory meeting for the county of Washington, some resolu tions of a violent character were adopted by way of instructions for the delegates who were to attend at Pittsburgh. They were modeled after those passed before the Revolutionary war in relation to the stamp act and other excises. The language in which they were couched must be ascri bed to the individuals who composed the meetings ; it would be unfair to consider them as emanating from the majority of the people, who were but partially represented. At the meeting convened at Pittsburgh soon after, it was resolved to petition for a repeal of the Jaw, but no resolution was passed which could be considered reprehensible, yet that meeting was par ticularly charged with having occasioned all the excesses which followed. Mr. Gallatin was not present, being at that time in Philadelphia.

A second meeting was held in Pittsburgh eleven months after the first, and may be noted as the last of these meetings which preceded the riots, which took place two years after, on the occasion of the service of process on delinquent distillers, compelling them to appear in Philadelphia. The meeting of 1792 was composed of delegates from Washington, Fayette and Allegheny counties, but was very far from being a full and complete

* See note to the resolutions passed at this meeting ; also the exceptionable Washington resolutions.

RESOLUTIONS. 23

representation ; they prepared and published a petition for the repeal of the excise laws, and also adopted resolutions similar to those of Washing ton county the year before. Such language is highly censurable ; it is undoubtedly an abuse of the right of remonstrance, even if attended with no practical effect, as was the case on the present occasion, that is, excit ing to no act corresponding to the spirit of the resolutions. It could not create public opinion — it was the extravagant expression of the excited state of feeling already existing, and cannot be fairly enumerated among the causes of the insurrection arising out of that state of feeling. Col. Neville, the son of the Inspector, when examined as a witness on the trials, being asked whether the enmity to the excise law was increased by those resolu tions passed at Pittsburgh, answered : '* I do not know that the opposition was more general afterward than before, but immediately after that meet ing, revenue officers were treated with disrespect j before that time some had been disrespectfully and injuriously treated; my father before was always treated with respect." Perhaps the word " disrespect " would have required explanation. It is more rational so refer any diinunition of respect for the Inspector, among the people, to his loss of popularity con sequent on his acceptance of the office.

The reader will probably conclude with the writer, that the meetings on the subject of the excise laws, and the resolutions passed in them, were not among the primary causes which led to the insurrection, as set forth by Secretary Hamilton, but the effect of the unpopular excise laws. The resolutions were nothing more than the strong expression of the popular sentiment, instead of the discontent being the work of " demagogues by speeches and public meetings." There is a reluctance in the rulers or public agent to admit that the discontent rises spontaneously among the people, instead of being manufactured for them — because the eontrary would naturally, raise a presumption against the former. There is no doubt that Mr. Gallatin took an active part in some of the meetings con vened to remonstrate against the excise laws, and to petition for their re peal, and that he thereby incurred the displeasure of the Secretary of the Treasury and the Federal party. But he had a right to do what he did in the exercise of his privilege as a citizen, without incurring the responsi bility of actual violation of law afterward committed by others. Who would dare to remonstrate against an odious law, if the remonstrance might possibly be followed by unlawful acts of others, who should trans cend the bounds of that remonstrance ? In this case, there would be nothing left to the people but silent submission and passive obedience ! Instead of being masters of the government, the government would be

24 WESTERN INSURRECTION.

their master. It is only a matter of astonishment to the writer, that he finds himself compelled to assert this unquestionable right, in opposition to the manifest tendency of the doctrine put forth by the Secretary of the Treasury, and the Federal party of that day. Findley's remarks on this subject may be quoted with propriety : " On the ground of discretion," says he, " these resolutions were censurable, and were in fact heartily dis approved by many who disliked the excise laws. That they were not con trary to law, is acknowledged by the Secretary himself, who informs us of procuring testimony, in order to prosecute the persons who composed the committees, but he adds, that the Attorney General did not think it action able ! There is no doubt that it is morally wrong in many cases, to refuse charity or assistance to any of our fellow-men, when their necessities re quire it; but these duties being of imperfect obligation, we are only res ponsible to our own conscience for the proper discharge of them. There are no doubt persons in society, whose manners are so disagreeable as to justify us in refusing all fellowship with them ; and where the excise law is almost universally believed to be unjust and oppressive, men of this description will be found pretty readily among the excise officers. Indeed, this observation need not be restricted to persons so situated; it corresponds with the sentiments of the people generally, where excises have been long established. Their resolutions were, however, censurable on the ground of policy. They disgusted those members of Congress that would otherwise have been disposed to have eased, if not fully relieved them, .from their grounds of complaint ; and they offended the citizens at large, who had sympathized with them. In short, they undoubtedly caused less respect to be paid to their petitions." We may also record in this place, the ob servations of Mr. Gallatin in his speech on the Western Insurrection : " For by attempting to render office contemptible, they tended to diminish that respect for the execution of the laws which is essential to the maintain- ance of a free government ; but whilst I feel regret at the remembrance, though no hesitation in the open confession of that my only political sin, [sustaining the resolutions of the Pittsburgh meeting of 1792,] let me add that the blame ought to fall where it is deserved."

On the other hand, the unqualified censure on the part of the Secretary cannot be sustained. " These meetings/' says he, " composed of very influential persons, and conducted without moderation or prudence, are justly chargeable with the excesses which have from time to time been committed, serving to give consistency to an opposition which has at length matured to a point that threatens the foundation of the government . and the Union, unless speedily and effectually subdued." The tendency

RIGHT OF REMONSTRANCE. 25

of the Secretary's doctrine, we repeat, is to prohibit all remonstrance of any kind against any law or public measure, under the penalty of being regarded as responsible for every partial act of violence that may be com mitted by individuals smarting under a sense of oppression, while the real cause may be found in the unwise and unjust acts of the government itself. To condemn the remonstrance because made without " prudence and moderation/' is to set up a right on the part of the public agents to judge of that prudence and moderation ; and it is not improbable that re monstrance of any kind would be regarded by them as wanting in these desirable qualities ! The holding responsible the " influential men " who attended the meetings, goes on the idea that the masses take no part in them, but as they are acted upon by a few individuals ; a very great mis take, but very natural in those who hold the people in a low estimate, and doubt their capacity for self-government. This was the great error, or rather " political sin/' of the Federal party. Whatever may be the fact in other countries, we are not willing to admit our incapacity for self- government. But we must allow for political progress; had Secretary- Hamilton lived to this day, he would not have maintained such doctrines. The legitimate effect of these remonstrances and petitions, notwith- standing the condemnation of the Secretary, was to produce various salutary amendments of the excise laios, and which were recommended to Congress by the Secretary himself; an admission that the complaints, if intemperate, were not groundless. The last of the public meetings, as already seen, was in August, 1792, and from that time until the riots of 1794, there was a discontinuance of them, while in fact the law, notwith standing occasional acts of violence, appeared to be gaining ground in the favor of the people. The larger distillers, as we have stated, were dis posed to favor it, as it gave them a kind of monopoly of the business, compelling the smaller distillers — the farmers — to bring their grain to the larger distilleries. There was another reason why the more reflecting and influential citizens were disposed to discourage such meetings ; this was in consequence of the wild revolutionary spirit which began to show itself in a certain class, who began to entertain a thousand visionary and im practicable expectations. Not content with redress of real grievances, they thought of wild reforms tending to anarchy, such as rendered the Republicans of France unfit for any government but that of despotism. These visionaries inveighed against courts of justice, salaries, and in fact, were at war with all restraints of government whatever. These follies are the subject of the keen, yet philosophical satire, of Mr. Brackenridge, in his work styled " Modern Chivalry," published about this period. A sort

26 WESTERN INSURRECTION.

of society, or club, had been established a year or two before the insur rection, which met at the Mingo Creek meeting-house, where political subjects were discussed, and these disorganizing doctrines asserted by some. Although the excise laws were not directly assailed in the club, yet it had the bad effect of lessening the respect for the government and the laws generally. A Democratic club had been established in the town of Washington a few months before the insurrection, but it had no effect in producing that event, notwithstanding the assertion of Hildreth, whose prejudices, and bigoted relation of these occurences, should be utterly disregarded.*

Notwithstanding the cessation, during the two years, of those meetings deemed treasonable by the Secretary of the Treasury, it is to be lamented that there were five or six unconnected riots, or assaults on collectors, in different parts of the western country, on account of the excise. Although of little importance separately, yet when brought together, and spread on the same page by the Secretary, they assume a formidable appearance ; and this is ingeniously done to aggravate the case of the insurgents. The object is to prove a connected and concerted action, and a combination of the whole people to resist, and even overturn the government, thus doing them great injustice. So far from these outbreaks being ascribable to the previous meetings, those meetings had the tendency of repressing all violent and irregular acts of opposition, by resorting to the legal modes of redress by remonstrance and petition. It is the opinion of Findley, and we incline to the same way of thinking, but without attaching any blame to the Federal administration — " that if the government had shown a very small portion of that power and energy which afterward became neces sary, the law could have been enforced by the judiciary, sustained by the influential citizens, and the majority of the people would have acquiesced/' • A circuit court of the United States should have gone into the country, on the first resistance to any officer of the revenue ; or power should have been given to the State courts, which the people would have respected, although from fixed prejudice and habit disposed to hate the officers of the excise. The force of the State, or of the Union, should have been called out to repress in its infancy the spirit of illegal resistance. But above all, the real and most crying grievance should have been avoided — that of carrying persons from their districts or counties, to be taken across

*Hildreth says that a similar society, of which Mr. Brackcnridge was a member, was also established in Pittsburgh ! No such society was established there, and Mr. Brackenridge never was a member of such a society anywhere.

TAKING PERSONS OUT OF THEIR DISTRICTS. 27

the mountains, to answer suits or prosecutions for disregard of the excise law in not entering these stills, or not paying the excise duties, suits necessarily followed by ruin on account of the expense. A law, such as we have indicated, had been enacted, to go into operation in the month of June, 1794, only one month before the outbreak ; but while this law was under discussion, and only a few days before it was signed, process as usual was issued returnable to Philadelphia ; and it will appear that the service of this process was the immediate cause of the riots, which, to use the words of the Secretary, " threatened the foundations of the govern ment and the Union. "*

Findley ventures the assertion, that it was by design on the part of Secretary Hamilton that the disaffection of the western people was per mitted to ripen into open rebellion, in order that he might have an oppor tunity of practicing on his favorite maxim, that the Federal government could not be considered as finally established until it proves that it could maintain itself by physical force ! That he should avail himself of the unfortunate occurrence for that purpose, is very probable, but the idea of his creating it with that view is incredible. The assertion simply betrays the feelings of Findley toward Hamilton. This great man was the leader of the high-toned section of the Federal party, in opposition to the Demo cratic, or Republican party, and to the more moderate Federalists under John Adams. Hamilton and his party w^e in favor of a degree of energy, in the form and action of the government, incompatible with the habits and genius of the Americans, which caused the downfall of the Federal party hastened by the unfortunate sedition and alien laws. It is the Hamilton party, those who idolize his name, who have incessantly labored to cover the opposers of the excise law in the West with lasting infamy, and are in the habit of denouncing them as brigands, rebels, banditti and robbers ! Of this class of historians are Judge Wilkinson, Neville. B. Craig and

* The first ill treatment given to an excise officer under the Federal excise law, was in Chester county, but the rioters were prosecuted for the riot, convicted and punished severely by the State courts. On that occasion, the foreman told the Attorney General that he was as much, or more, opposed to the excise law than the rioters, but would not suffer violations of the laws to go unpunished. Findley, Hist. p. 40. In 1792, Findley, then in Congress, wrote to the President, at the instance of Gov. Mifflin, and again at that of the Attorney General of the United States and of the Attorney for the district of Pennsylvania, in relation to the case of Beer and Kerr ; and in these letters gave the opinion, that if special sessions of the court were held in the counties, the courts would be protected, and competent juries found. Findley, p. 273.

28 WESTERN INSURRECTION.

Hildreth, the latter especially — which renders them as authorities on this subject unsafe.

We will now proceed to detail the cases of illegal opposition to the excise law, just alluded to. The first was that of Robert Johnston, collector for Washington and Allegheny counties. After cutting his hair, and tarring and feathering him, he was compelled to go home on foot. This occurred at an out-of-the-way place on Pigeon creek, and was the work of a small number of persons of the lowest class, while there is no proof that it was countenanced or approved by any reputable person in the neighborhood. This was the time for the Federal government to have taken active measures, and by a vigorous pursuit of the offenders in the State courts, to crush that bad spirit in its birth. Instead of this, an agent was dis patched to ascertain who were the leading individuals at certain meetings for the lawful purpose of petition and remonstrance.

The next case is that of Wilson, in another part of the county ; a per son somewhat disordered in intellect, who pretended to be an exciseman, was shamefully abused in consequence. Not long after, one Roseburg was tarred and feathered by some disorderly persons for speaking in favor of the law. In August, 1792, a Captain Faulkner, in whose house an office for the collection of excise had been opened, was attacked on the road by a ruffian, and threatened with having his house burnt if he did not cause the office to be removed ; he accordingly gave public notice that it was no longer kept there. It would be unfair to consider these uncon nected occurrences as proofs of the general disposition of the people, although ingeniously marshaled and magnified for the purpose.

In April, 1793, an armed party attacked the house of Wells, in Fayette county, but did not find him at home. The attack was repeated in No vember, and the assailants compelled him to give up his commission and books, requiring him to publish his resignation in two weeks or have his house burnt. According to Findley, a much more serious design was con ceived by a number of persons in disguise, to seize the Inspector himself, in the town of Washington, where he was expected to be. He had been apprised of their coming, and did not attend at the office.*

James Kiddo and William Cochran, who had entered their stills, were first threatened, and then attacked. The still of the latter was destroyed, his valuable mills materially injured, if not entirely ruined, and he was obliged to publish in the Pittsburgh Gazette, an account of what had happened, as a warning to others. An armed party broke into the house of John Lynn, where an office was kept j after prevailing upon him to

* Findley, p. 50.

OUTRAGES. 29

come down stairs, they tied and threatened to hang him ; cut off his hair, tarred and feathered, and swore him not to disclose the names of his as sailants, or permit an excise office to be kept in his house.

In June, 1794, several attacks were made on the office of Wells, who had opened at the house of Philip Regan, in Westmoreland county, but they were repulsed by the inmates.

These were doubtless revolting outrages, which cannot be condemned in language too strong, and ought to have been vigorously prosecuted ; but ( it would be unfair to hold the whole population responsible for acts which } were disapproved by the great majority. Occurring in distant localities, in a thinly inhabited country, it was impossible for the well disposed, if so inclined, to have united to prevent their perpetration. Even in cities, where there is a strong police force constantly on foot, we see how diffi cult it is to prevent the acts of lawless mobs. We might as well hold every peaceable citizen of the towns responsible for the burglaries and murders perpetrated within their limits. To say that the general hostility to the law was the cause of these outrages, is to deny all right of com plaint, or discontent, or even the expression of conscientious opinion, as respects any law, however oppressive. The fault is in the Legislature pass ing law,s revolting to the minds of the people, or in the executive branch in not seeing them executed at every hazard, suppressing at once the first indications of violent resistance. It is not the intention of the writer to defend, or even to make an apology for such acts, under any circum stances ] and especially at this more enlightened period, when the prin ciples of our representative government are so much better understood. In holding the scales of justice, it is necessary to poise them evenly and fairly. Although the constituent reserves to himself the right of remon strance, it cannot be too often repeated, that he is bound in conscience, as well as on legal principle, to obey the law, and not oppose its execution. We go further, and hold, that he is not at liberty even to remain passive, if he means to do his duty as a good citizen, and has it in his power to aid in supporting the government.

•The apology made by Mr. Brackenridge in his " Incidents," would be inadmissible at the present day, and goes as far in favor of the Western people, fifty years ago, as the most liberal view of the case will admit. " It will be conceded," said he, " that it was difficult for the common mind of this country to distinguish an attack upon the officer appointed to carry a law odious to them into execution, from that opposition under the stamp act of Great Britain, at a more early period. They could see no difference in the case of John Nevill and Zachariah Hood, the Stamp- Master General. The law was said to be grievous in both cases ; and that

30 WESTERN INSURRECTION.

was all they knew about it. In the case of the tea duty, also, an opposi tion by force took place, which is celebrated to this day as amongst the first acts of patriotism. Could you expect an accurate conception of the distinction which exists ? These acts being against laws that were void because they were unconstitutional, and those being against a law, which, though unequal, is constitutional ? It astonishes them to this day, that the authors of our revolution from Great Britain, should be celebrated, and yet talk of hanging those who were doing nothing more than op posing what was wrong among themselves ! I know, to use the expres sion of one of them, 'they thought in taking up arms to oppose the excise laws, they were "doing God a service.' ' The language of humanity then would be, ' forgive them, for they know not what they do/' It is a hard case to punish when the mind is not criminal. The gradual improvement of education by public schools may inform the mass of the people, and cor

^rect a mistake of principle."

-^The reader will find that the Western riots, improperly called an insur rection, were not instigated by hostility to the government of the United States, nor did they originate merely on account of the excise on whiskey, but in a more excusable motive the service of process on delinquent dis tillers, who would in consequence be compelled to attend in Philadelphia, at the sacrifice of their farms and the ruin of their families. As the farmers were also the distillers, it was the only mode in which they could carry the produce of their fields to market. The taking persons " beyond seas for trial," is one of the grievances complained of in the Declaration of Independence, and the idea of trial by the vicinage, is one of the instincts of Saxon and American liberty. Out of about forty precepts, but one re mained to be served. The last was unfortunately served during the harvest, the reapers in the field, under the free indulgence of whiskey, common at that season. The sudden outbreak, as will be seen, was almost exclusively confined to the rural population of the vicinage, although like other con flagrations, there was danger of embracing within it everything combus tible ; that ifc did not do this, was due to the wisdom and moderation of Washington, and to the patriotic exertions of influential individuals, who remained among the disaffected until the disturbance was quelled — not by external or military force, but by their own sense of duty. Never was there greater injustice done to any people, than by the assertion that the so-called insurrection was put down by an army. Surely that people must command our respect in a much higher degree, who possess within themselves the moral energy to restrain their own passions, than those who have been reduced to obedience by the outward pressure of a military force !

THE NEVILLE CONNECTION.

31

NOTES TO CHAPTER I.

" The Neville Connection." — This ex pression is used by N. B. Craig, a grand son of Gen. Neville, in a work entitled "History of Pittsburgh," but chiefly laudatory of that "connection." This consisted of four wealthy families, mon opolizing public offices, and closely unit ed in interest and relationship. The re flecting mind will readily perceive the powerful influence that such a combina tion must possess, in advancing their own fortunes, or in crushing any single indi vidual who might be so unfortunate as to incur their enmity. It would be felt even in a large community, and much more in a small village of twelve or fif teen hundred inhabitants. The public spirited lawyer who should brave this enmity, in the defense of the rights of the citizen, would run no small risk, especially at that more aristocratic period of our Republic, half a century ago. At present, it is the democracy which predominates ; then, it was the aristocracy which ruled. We proceed to extract from the work of N. B. Craig his account of the heads of these fami lies, accompanying it with such remarks as may be deemed necessary :

"Presley Neville, the only son of John Neville, (the Inspector,) married the daughter of Gen. Morgan, and Isaac Craig married the only sister of Presley. John Neville, as Judge Wilkinson states, was a man of great wealth for those days. He was the descendant of a lad who at a very early day was kidnapped in England and brought to Virginia, and who subsequently accumulated a good property there. John Neville was a man of good English education, of plain blunt manners, a pleasant companion,

and the writer well recollects how eager ly he listened to his well-related anec dotes, and how by his manner he could give interest to trifling incidents. He was born on the head waters of the Oco- quan river, Virginia, on the direct road from Washington's paternal estate to Winchester and Cumberland, and the residence of his father is laid down in Spark's map illustrative of the 'opera tions in Virginia' during the war of 1754. From this circumstance, proba bly, it was that he became an early ac quaintance of Washington, both of whom were about the same age, and thus with the ardor of a young man he en gaged in Braddock's expedition. He subsequently settled near Winchester, in Frederick county, where for some time he held the office of sheriff. Prior to 1774 he had made large entries and purchases of lands on Chartiers creek, then supposed to be in Virginia, and was about to remove here when the troubles began. He was elected in that year a delegate from Augusta county, that is, from Pittsburgh, to the Provincial Con vention of Virginia, which appointed George Washington, Peyton Randolph, and others to the first Continental Con gress, but was prevented by sickness from attending. Subsequent to the Rev olution, he was a member of the Su preme Executive Council of Pennsylva nia. Presley Neville, his son, was an accomplished gentleman, having receiv ed the best education the country could afford ; was a good classical and French scholar ; had served throughout the Revolution, part of the time as aid to Lafayette. He and his father had to gether a princely estate on Chartiers

WESTERN INSURRECTION.

creek, besides large possessions else where in Virginia, Ohio and Kentucky. He had also large expectations from his father-in-law. But unfortunately for the comfort of his latter days, his heart was tenfold larger than his estate and all his expectations. In recently look ing over some old letters from him, written while he was yet in exile, and while the ashes of his father's destroyed mansions, and barns, and stables, and negro huts, were yet warm, I was struck with the following kind-hearted expres sion : ' The prisoners arrived yesterday, 'and were, by the ostentation of Gen. 'White, paraded through the different 'parts of the city (Philadelphia). They 'had pieces of paper in their hats to ' distinguish them, and wore the appear- 'ance of wretchedness. I could not ' help being sorry for them, although so ''well acquainted with their conduct.' "

" Major Abraham Kirkpatrick, a Marylander by birth, a soldier of the Revolution, as brave a man as drew his sword in the struggle for independence, of but ordinary English education, but of strong native intellect, kind and chiv- alric, though rather by fits and starts ; shrewd in argument, and so fond of it that he would rather change sides than let the discussion cease." This is the favorable side of his character, as given by his kinsman ; others spoke of him in very different terms; but a regard for the feelings of survivors forbids saying any thing further.

"Isaac Craig, [the father of N. B. Craig,] an Irishman, born near Hills- borough, in the county Dover, of repu table Protestant parents, as certified in a paper in my possession, emigrated to Philadelphia in 1767, where he carried on his trade of house.) oiner until the commencement of the Revolutionary war. He was then appointed, by the authorities of Pennsylvania, a Captain

of Marines, and as such in the sloop-of- war Andrew Doria, Capt. Nicholas Bid- die, sailed in Commodore Hopkins' squad ron, along with Paul Jones, Barney and others, to the Isle of New Providence, in the West Indies, where they seized, and brought safely home, a large amount of arms and munitions of war, then much needed. Soon after his return he received an appointment as captain in Proctor's regiment of artillery, just in time to be present at the capture of the Hessians at Trenton. Subsequently he was in the battle of Princeton, Brandy- wine and Germantown, and about the time of Broadhead's expedition up the Allegheny, accompanied Gen. Sullivan's expedition up the Susquehanna against the hostile tribes of the Six Nations. He was then ordered to Pittsburgh, which after the war he made his home. He was but of common school education, but having a good mind for mechanics and mathematics, had in these branches ad ded largely to his school acquirements, and was at an early day a member of the American Philosophical Society."

So far, Mr. Craig ; it is now my turn to make some remarks on the foregoing. First, as to Major Craig, his son might as well have omitted the circumstance of his being a member of the Philosophical Society, to which he had so little claim that it has been incorrectly supposed that the author of " Modern Chivalry" had his case in view in that work. As an individual he bore a respectable char acter, although clannish, and far from liberal in his opinions.

As to the letter of Col. Presley Neville, on the subject of the prisoners marched through the streets of Philadelphia with papers in their hats with the word "In surgent," this would have been bad enough after conviction, but in the case of innocent men, as those proved to be, it was a shocking outrage, which can

THE NEVILLE CONNECTION.

33

that " Brackenridge and Findley have both written apologies for their own con duct, which have been looked upon as histories." What apology can be made for their treatment of the injured pris oners, marched on foot over the moun tains, at an inclement season, driven ig- nominiously through the streets, confin ed in prison many months, and found at last to be not only innocent, but meri torious ? Who were the parties chiefly concerned in this outrage ? A rigid in quiry might possibly implicate a portion of the powerful " Neville connection."

If it requires an apology for having labored to induce the people to submit to the government, and having exerted themselves as mediators and peacemakers between them, the histories referred to are very effectual and unanswerable vin dications. In doing this, they were necessarily compelled to implicate oth ers, who would gladly apologize for their acts, if the truth of history would permit. Col. Presley Neville possessed many estimable qualities. He was incapable lature, and a* a witness against the insur- \ of any mean act, but from the cabalistic

scarcely be conceived at the present day. Neville B. Craig is a great stickler for dates and facts, when they suit his pur pose, and equally reckless of them, when they do not. In the newspaper contro versy between him and the author, he announced in the most triumphant man ner that he had detected him in an im portant error of fact. It was in refer ence to a contribution of whiskey on some occasion, which the author men tioned as of five barrels, which Craig after minute research discovered was only of four. But here, in respect to Col. Ne ville's letter, he has been guilty of a gross misrepresentation, which he could not but have known to be such. Why did he not give the date of the letter which he states he found among the letters of Col. Neville? The reason is, it would have shown the fact, that he was not in what Craig denominates exile, at the time of writing that letter. He had been restored to his home in triumph, by his father-in-law, and he was then in Philadelphia as a member of the Legis-

gents. Col. Neville, who was a gentle man, and possessed of humane feeling, does not say in that letter that the pris - oners had a hand in the acts of violence

influence of the "Neville connection," sometimes witheld his disapprobation of acts which his better nature condemned. He had much of the cavalier about him,

committed, but merely : "I could not j and not a little of the false pride attend- help being sorry for them, although so I ing it; at the same time, he possessed the well acquainted icith their conduct." What j lofty feelings which characterize the Vir ginia gentleman. It is unfortunate that in his habits he was indolent, was a mere

conduct ? It is impossible to extend this allusion further than to their oppo sition to the excise law, for two obvious J man of pleasure, having no occupation, reasons : first, when brought to trial, | yet by no means addicted to any vice, there appeared to be nothing against j He wanted what the French express by

the word charactere. In his early life he

them ; and secondly, when Col. Neville was called upon as a witness, he could allege nothing against their conduct which was illegal ! It was reserved for his unscrupulous nephew to say, that they had been concerned in destroying the mansion of General Neville, his stables, negro huts, &c. Craig is pleased to say,

undertook to study law, under my father, but after six months abandoned it, and gave as his reason, that the profession of the law was not an occupation fit for a gentleman! His mode of living was ex pensive, never undertaking anything to render his fine landed estate more pro-

34

WESTERN INSURRECTION.

ductive, or to effect any improvement; the consequence "was, that he was eaten out of house and home by servants and retainers, and persons to whom he ex tended his hospitality, too often mispla ced. The writer knew him when in his highest prosperity, and saw him in his old age, when greatly reduced in his cir cumstances, and thought him in the lat ter condition a wiser and better man than he had ever been in his most pros perous state. It was, perhaps, his mis fortune that he was the inheritor of wealth. The contrast between him and the other members of the "connection," was very great. Every one esteemed and admired him, while toward the others a different feeling prevailed.

His father, although possessed of some good qualities, such as hospitality, &c., was a very different character. He was cunning, vindictive and selfish. His grandson has made some eulogistic ex tracts from a pamphlet published by a Judge Wilkinson, which we will insert in this place. Who was this Judge Wilkin son ? Craig endeavors to leave the im pression that he was some grave judicial functionary, who had lived his neighbor, and who, therefore, spoke from a personal knowledge ! He was a boy of five or six years old when he lived near Neville — he removed to New York — there grew up, became a justice of the peace, was called Judge, and wrote his pamphlet about the Western Insurrection! That he was very imperfectly acquainted with the "Neville connection," will appear from the following extract from Craig's book : " His kind heart had not changed in the half century which had elapsed between the destruction of the property and the writing his account of it ; but his mem ory, or his information of the family relations, was not so faithful as the kindness of his heart. John Neville was | not the brother-in-law of Gen. Morgan,

nor the father-in-law of Major Kirk- patrick. John Neville and Abraham Kirkpatrick married sisters of the name of Oldharn, of as sound and true Whig family as any in the country." It is high ly probable that Judge Wilkinson was no better informed on the other topics on which he writes. Mr. Craig introduces several extracts from the work. Here is one of them: "John Neville a man "of deserved popularity, was appointed " collector for Western Pennsylvania ; he " was one of the few men of great wealth "who had put his all at hazard in the "cause of independence. Besides his "claims as a soldier and a patriot, he "had contributed greatly to the relief of " the suffering soldiers. [How ?] If any "man could have executed this odious "law, Gen. Neville was the man. He "was the brother-in-law of the dis tinguished Gen. Morgan, and father- "in-law to Majors Craig and Kirk- " patrick, officers highly respected in "the western country." It would cer tainly not be consistent with truth to place Gen. Neville on a footing with Carroll or Hancock, with respect to the risk of fortune; for Neville's fortune, consisting of recently appropriated lands, worth at the commencement of the Revolution a few cents an acre, in all probability he ran less risk of injury than he had chance of pecuniary advan tages by the Revolution. Wilkinson says in another place : " He accepted the " appointment (of Inspector) from a sense " of duty to his country. Besides Gen. "Neville's claims as a soldier and a " patriot, he had contributed greatly to "relieve the sufferings of the settlers in "his vicinity. He divided his last loaf " with the needy ; and in a season of more "than ordinary scarcity, as soon as his "wheat was sufficiently matured to be " converted into food, he opened his fields " to those who were suffering with hunger. "

THE NEVILLE CONNECTION.

35

This reads very strangely ! What season of scarcity does Wilkinson allude to? The neighbors of Neville were all culti vators of the soil, where land could be got for a trifle, and if their crops failed the General's would have failed also. The misfortune was, that they had a surplus for which they had no market, hence the cause of the excise riots ! But in truth, there never was such a thing as an entire failure of crops in the fruit ful region round the head of the Ohio ; it was a thinly inhabited, glorious woody park, stocked with game of every de scription; deer and turkeys could be had merely for the trouble of shooting them. As to the patriotism of accepting a lucrative office, it is absurd to suppose that Neville was more patriotic in accept ing than any other, unless it be shown that it involved a sacrifice which no other competent person was willing to make. We have seen in the text that his acceptance was a positive injury to the cause of the excise, for the reason that it involved a dereliction of the cause of the people, who had confided in him as their representative; and for the further reason, that he had been opposed to excise laws, as well as his neighbors, who very naturally concluded that he was actuated in his desertion solely by the prospect of personal emolument. Wilkinson's eulogistic notice must be taken as a rhetorical flourish, very agreeable to the Nevilles, but not exactly in conformity with rigid historic truth. Let all just praise be given, avoiding exaggeration. As to General Neville sharing his last loaf, it may be asked on what occasion was the wealthy Neville reduced to his last loaf ? The writer of this was born in the neighborhood of the Nevilles, had much better opportu nities of personal acquaintance with this subject tban Judge Wilkinson, and never heard of these marvelous acts. In these

traits of benevolence, the Nevilles were quite as good, but not superior, to many of their neighbors, who were equally humane and public spirited, but whose descendants have not thought necessary to emblazon their charitable acts.

But the Nevilles were regarded in a different' point of view by others, and here some extracts will be made from the " Incidents of the Western Insurrec tion," leaving the reader to take them for what they are worth.. The author of the Incidents relates a conversation between him and one Miller, a /ariner and distiller, in whose field during the harvest the first outbreak took place, a narrative so characteristic that it car ries conviction with it, and throws much light on the causes of the insurrection. " The Federal sheriff, said he, [the Mar shal,] was reading the writ, and General Neville on horseback in the lane, where he called to the sheriff to make haste. 1 looked up and saw a party of men run ning across the field, as it were to head the sheriff. He set off with General Ne ville, and when they got to the head of the lane the people fired upon them. That night it was concluded we should go on to Neville's and take him and the marshal. I felt myself mad with pas sion. I thought two hundred and fifty dollars would ruin me ; and to have to go to the Federal court in Philadelphia would keep me from going to Kentucky this fall and I was getting ready. I felt my blood boil at seeing General Neville along to pilot the sheriff to my very door. He had been against the excise law as much as any body. When old Graham, the excise man, was catched and had his hair cut off, I heard General Neville him self say they ought to have cut off the ears of the old rascal ; and when the distillers were sued some years ago for fines, he talked as much against it as anybody. But he wanted to keep in the

WESTERN INSURRECTION.

Assembly then. But whenever he got an offer of the office himself, he took it. I am a relation of Kirkpatrick, his mother and my mother were sisters ; I was always for General Neville in his elec tions, and it put me mad to see him coming to ruin me."

The same writer relates, that in a conversation with Col. Presley Neville, he said to him: "It is known that be fore your father accepted the office you were consulted, and advised the accept ance. It is known that application has been made to you to advise your father to resign ; you have said no ; would any of them resign an office of such value ?" It would be superfluous to say any thing further respecting the preposterous claim of exalted pretensions in accept ing the office. Such a claim might as well be made in favor of the others of the "connection," on account of the appointments held by them. Major Craig was United States Quarter-Master, a lucrative post, which gave him in fluence and the command of money — Major Kirkpatrick was Commissary, and Col. Neville, Brigade Inspector, and mem ber of the Assembly.

Intemperate Resolutions. — The first of those resolutions against the United States excise laws, and which resolutions were characterized by the Secretary of the Treasury as intemperate, is as follows :

"At Pittsburgh, the 7th of September, 1791, the following gentlemen appeared from the counties of Westmoreland, Fay- ette and Allegheny, to take into consider ation an Act of Congress, laying duties upon spirits distilled within the United States, passed the 3d of March, 1791.

"For Westmoreland county, Nehemiah Stokely and John Young, Esquires ; for Washington county, Col. James Marshall, Rev. David Phillips and David Bradford, Esquires; for Fayette county, Edward

Cook, Nathaniel Bradly and John Oli- phant, Esquires; for Allegheny county, Col. Thomas Morton, John Woods, Esq. and William Plumer.

" Edward Cook, Esquire, was voted in the chair, and John Young appointed Secretary.

"Resolved, That having considered the laws of the late Congress, it is our opinion that in a very short time hasty strides have been made to all that is unjust and oppressive. We note particularly the exorbitant salaries of officers, the unrea sonable interest of the public debt, and the making no discrimination between the original holders of public securities and the tranferrees, contrary to the ideas of natural justice in sanctioning an advan tage which was not in the contemplation of the party himself to receive, and con trary to the municipal law of most na tions and ours particularly, the carrying into effect an unconscionable bargain, where an undue advantage has been ta ken of the ignorance or necessities of an other ; and also contrary to the interest and happines of these States, being sub versive of industry by common means, where men seem to make fortunes by the fortuitous concurrence of circumstan ces, rather than by economic, virtuous and useful employment. What is an evil still greater, the constituting a capital of- nearly eighty millions of dollars in the hands of a few persons who may influ ence those occasionally in power to evade the Constitution. As an instance of this, already taken place, we note the act establishing a National Bank on the doctrine of implication, but more espe cially, we bear testimony to what is a base offspring of the funding system, the excise law of Congress, entitled, ' An Act laying duties upon distilled spirits with in the United States, passed the 3d of March, 1791.'

"Resolved, That the said law is deser-

INTEMPERATE RESOLUTIONS.

37

vedly obnoxious to the feelings and inter ests of the people in general, as being attended with infringements on liberty, partial in its operations, attended with great expense in the collection, and lia ble to muoh abuse. It operates on a domestic manufacture, a manufacture not equal through the States. It is insulting to the feelings of the people to have their vessels marked, houses painted and ran sacked, to be subject to informers gain ing by the occasional delinquency of others. It is a bad precedent, tending to introduce the excise laws of Great Britain, and of countries where the lib erty, property, and even the morals of the people are sported with, to gratify particular men in their ambitious and interested measures.

"Resolved, That in the opinion of this committee the duties imposed by the said act on spirits distilled from the produce of the soil of the United States, will eventually discourage agriculture, and a manufacture highly beneficial in the pres ent state of the country. That those duties which fall heavy, especially upon the western parts of the United States, which are, for the most part, newly set tled, and where the aggregate of the citizens is of the laborious and poorer class, who have not the means of procur ing the wines, spirituous liquors, &c., imported from foreign countries.

"Resolved, That there appears to be no substantial difference between a duty on what is manufactured from the produce of a country and the produce in its nat ural state, except, perhaps, that in the first instance the article is more deserv ing of the encouragement of wise legisla tion, as promotive of industry, the popu lation and strength of the country at large. The excise on home-made spiritu ous liquors, affects particularly the rais ing of grain, especially rye, and there can be no solid reason for taxing it more

than any other article of the growth of the United States.

"Resolved, That the foregoing repre sentations be presented to the Legislature of the United States.

"Resolved, That the following remon strance be presented to the Legislature of Pennsylvania.

"Resolved, That the following address, together with the whole proceedings of this committee, which were unanimously adopted, be printed in the Pittsburgh Gazette." Signed by order of the committee.

EDWARD COOK, Chairman. In August, 1792, another meeting was held at Pittsburgh, and the following resolutions were adopted :

"That whereas, some men may be I found amongst us, so far lost to every I sense of virtue, and feelings for the I distresses of their country, as to accept j the office of collector of the duty.

"Resolved, Therefore, that in future

i we will consider such persons as unwor-

| thy of our friendship, have no intercourse

! or dealings with them, withdraw from

! them every assistance, withhold all the

I comforts of life which depend upon those

duties that as men and fellow citizens

we owe to each other, and upon all oc-

! casions treat them with that contempt

they deserve ; and that it be, and it is

I hereby most earnestly recommended to

1 the people at large, to follow the same

' line of conduct toward them."

These resolutions, with those adopted ' on former occasions, are enumerated by I Secretary Hamilton among the causes of the insurrection. This was attach- i ing too much importance to them, and I as was stated by Col. Neville, the oppo sition to the excise law did not seem | greater after their passage than before j it. The first resolutions, although badly worded, give a fair expression of the I popular feeling, and certainly do not 4

38

WESTERN INSURRECTION.

exceed the limits of lawful remonstrance. The second, two years before the insur rection, are intemperate, and rather cal culated to do harm to the authors, than to injure the government.

Lynn's Case. — The different manner in which the same occurrence may be rela ted by different persons, may be seen by contrasting the account of this affair, as given by Secretary Hamilton, in his re port of August, 1794, and that of D. Carnahan, afterward President of Prince ton College, who writes from personal knowledge. The following is the state ment of the Secretary:

"About midnight on the 6th of June, a number of persons, armed and painted black, broke into the house of John Lynn, where the office was kept. By prom ises of safety to himself and his house, they treacherously got him into their power, when they seized and tied him, threatening to hang him. They carried him to a retired part of the neighboring woods, and there after cutting off his hair, and tarring and feathering him, they com pelled him to swear that he would never allow his house to be used again as an office, never again to have any agency in the excise and never to disclose their names. After this they bound him naked to a tree and left him in that situa tion till the morning, when he succeeded

in extricating himself. Not content with this, the rioters came again, pulled down part of his house, and compelled him to become an exile from his own home."

The other account differs from the above, as the reader will see. " The first acts of violence were done to the deputy inspectors, men generally of low character, who had very little sensibili ty, and who were willing, for the paltry emolument; of the office, to incur the censure and contempt of their fellow citizens. These sub-excise men were seized by thoughtless young men, and received a coat of tar and feathers, more through sport than from deliberate de sign to oppose the law. Of several cases of this kind which occurred, I shall men tion one, which in part fell under my notice. About the last of June or first of July, 1794, John Lynn, a deputy in spector, residing in Canonsburg, Wash ington county, was taken from his bed, carried into the woods and received a coat of tar and feathers, and he was left tied to a tree, but so loosely that he could easily extricate himself. He returned to his house, and after undergoing an ablution with grease and soap, and sand and water, he exhibited himself to the boys in the academy and others, and laughed and made sport of the whole matter." — Carnahan, p. 120.

CHAPTER II.

POPULAR OUTBREAK — ATTACK ON THE MARSHAL — DESTRUCTION OP NEVILLE'S HOUSE — ALARM IN PITTSBURGH — -ESCAPE OP THE MARSHAL AND INSPECTOR.

HITHERTO the opposition to the excise only manifested itself in the general dissatisfaction with the law, and occasionally in unconnected acts of resistance and violence by individuals, but within the control of the ordinary administration of justice. We now enter upon the relation of those more extensive and serious riots which have been dignified with the name of " insurrection." After the most careful investigation, and the lapse of half a century, there has been no evidence adduced that a single individual had any settled design to make war against the government, for the purpose of overturning it ; or that the great body of the people had any other aim in their unpremeditated violence, than to cause a repeal of what they regarded as an oppressive and unequal law ! It does not even appear that their ordinary civil magistrates had been prevented from exercising their functions, or that the judges, justices of the peace and executive officers throughout the four western counties, had been abso lutely superseded, even in the case of the excise law, although for a time the laws appeared to be silent. No people, we repeat, were ever more habitually, and even religiously, obedient to the law and magistrates than the people of Western Pennsylvania ; and yet they did not consider it immoral, or treasonable, to resist in every way a particular law by " in temperate resolutions," and even by direct acts of violence. They had before them the example of their British ancestors, in Hampden, Crom well and Pym, and more recently in the patriots of the Revolution, who encountered the stamp excise by " intemperate resolutions," and other odious measures of the British government, by violence, both open and disguised. During two years, they carried on a bloody war with the British sovereign, before taking the revolutionary step of their Declara tion of Independence. It is true, the cry of treason had been raised against them ; but were they traitors ? No ; and their enemies were com pelled to refrain from treating them as such. It is also true that the case of those whose history I am about to relate, was different from that to

40 WESTERN INSURRECTION.

which. I have alluded ; they were living under a government of their own choice, under a constitution which they had sanctioned, and under laws made by their own representatives. But let it be remembered that these establishments were recent ; that old habits and opinions do not change suddenly, and although the educated and intelligent part of the com munity understood the difference, the great body of the people had not yet been trained to the new system and to the new ideas. It is also cer tain that those in authority had likewise something to learn and correct in their views of government — especially in their ideas on the subject of treason and sedition, which they retained as a part of the dross of mon archy, not yet purged away by the purer workings of republican institu tions. The law of treason, as laid down by Chief Justice Marshall, on the trial of Aaron Burr, has completely banished the constructive or implied offense ; there can be no treason except that which is exactly defined by the constitution and the laws ; the attempt to overthrow the government itself, and not the mere opposition to particular laws or public agents, although accompanied by mob violence. Notwithstanding one or two convictions for treason, growing out of the Western riots, yet, according to the present well established doctrine, there was not a single overt act of treason committed or proved ; and were the same cases to be tried now, the more enlightened tribunals of to-day — more enlightened, at least, on this subject — would not hesitate to declare the prosecutions for treason unwar ranted. It does not follow, because it is the duty of the historian thus to discriminate, that he must approve the illegal acts ; but they may be re duced in degree from treason to high misdemeanor : at the same time that the motive, or intention, may be weighed by him in estimating the moral turpitude of the offense. The law constitutionally enacted, until it be constitutionally repealed, must be obeyed ; to suppose any higher law, or moral obligation, capable of sanctioning disobedience, is nothing short of anarchy.

Major Lenox, the Marshal, (the Federal sheriff, as the officer wa? generally called,) arrived in Pittsburgh about the 14th of July, 1794, after having served all but one of the forty writs against delinquent dis tillers, and without having met the slightest insult or opposition. The last was against a person of the name of Miller, whose house he passed, when he might have served the writ if he had thought proper; but un fortunately, before doing this he proceeded to Pittsburgh, probably to make his report to the Inspector, Gen. Neville. The next day he re turned to Miller's in company with this gentleman, but after serving the writ, they were followed by a party of armed men. and one gun was fired.

ARRIVAL OF THE MARSHAL. 41

but without effect. It is probable that it was not the intention of the assailants to injure them ; every one at that time was a marksman, and seldom went from home without his rifle, with which he could strike off the head of a squirrel or pheasant at pleasure. This occurrence took place in the midst of the harvest, which usually brought a number of persons together in every neighborhood. The time was regarded as a kind of Saturnalia, when liquor was freely drunk by those who assembled to assist each other in taking off the grain with the sickle, no speedier method being then in use. With the blood already heated, it is not surprising that the additional circumstance just related heightened the exasperation. July may almost be designated the revolutionary month. It is possible that if the Marshal had gone alone, such was the habitual deference to the civil authority, that no opposition would have been made ; but it was a different matter when accompanied by the excise officer, their own neigh bor, against whom the country people had become incensed. Neville was regarded in a different light from the " Federal sheriff/' There was a great contrast between his former professions and his thus piloting the officer to their* fSjfestT-Tiomes, for the purpose of serving writs which would lead to the certain ruin of the delinquents. His acceptance of an odious office, merely for the sake of the emolument, as it was believed, when he was already the wealthiest man in the West, had not only deprived him of his former popularity, but rendered him an object of hatred. To this feeling of the people against the Inspector personally, has been ascribed in some degree the violence against the law in his neighborhood, where the insurrection, if it may be so termed, first broke out, and to which it was chiefly confined.

After the occurrence just related, the Marshal returned to Pittsburgh, and the Inspector to his house in the country, about seven miles from town. There had been on the same day at the Mingo Creek regimental rendez vous, not far from the scene of the assault, an assembly of the regiment, in order to form a select corps of militia, as their quota of the eighty thousand men required by the act of Congress.* In the evening, when about to separate, they heard of the service of the writ on Miller by the Marshal, in company with the Inspector, and of his having been fired upon. A party was made up, (it does not appear whether it was with the knowledge of any but those who composed it,) headed by one Holcroft,f (a person

* This is no proof of any premeditated design to overturn the government, certainly ! See Findley.

f Holcroft was the supposed author of certain pasquinades, under the name of " Tom the Tinker ;" they were in the nature of warnings to those who entered

42 WESTERN INSURRECTION.

of little note,) consisting of thirty-six others, who went early next morning, July 16th, with arms to the house of General Neville. It seems that being apprehensive of an attack he had been prepared, having armed his negroes. The assailing party, on being hailed, answering in a suspicious manner, were fired on from the house, and at the same time from the negro quarters ; the party fired in return, but being thus unexpectedly attacked from the quarters, they retreated, having six wounded, one mortally.*

Whatever might be the causes which produced the popular state of mind, the Inspector was justifiable in defending his house when attacked ; but it is questioned whether he was not blamajde in being the first to fire, without being made acquainted with the intentions of the party, and using every precaution to avoid this lamentable necessity. They were not Indians, or plunderers, or robbers. Perhaps bloodshed might have been avoided. But blood being once shed, it was not in the nature of things for the matter to rest here. Blood had been spilled, and the populace, without stopping to reason, would be excited to renewed violence. It is to be remarked, that the mobs formed by the country population differ from those of towns, where there is always more or less of the materials of which genuine mobs are composed ; a large proportion of such having no motive but the love of mischief. On this occasion they were composed of the rural population, actuated by a sense of real or fancied injuries, and mixed up with a smaller proportion of the dregs of society. We may take it for granted, that whatever may be the case with town mobs, the rising of the country people, especially so thinly scattered as it was in this quarter, furnishes a strong presumption of an honest, even if it be a mistaken, sense of injury and oppression. Those who are the primary cause of such movements, prefer tracing them to the instigation of a few

their stills under the law, that the Tinker would pay them a visit to mend, that, is to destroy them. The soubriquette became conspicuous, but Holcroft himself was of no importance during the " Whiskey Insurrection."

* " I desired him to give me the particulars of the attack on Neville's house the first day. He did so ; he said they had about thirty-six men with fifteen guns, six only in order. They found the General just got up ; after some words, he fired first. It was from the windows. A horn was blowing in the house the time of the firing. 'Was the door open?' said I. 'It was,' said he. 'Why then did you not rush into the entry?' 'We were afraid,' said he, 'that he had a swivel or a big gun there.' 'The negroes,' continued Miller, 'by this time fired out of their cabins upon our backs, and shot several ; and we got off as well as we could.' ' » — Incidents, I. 122, Miller's statement to Mr. Brackenridge.

ASSEMBLAGE AT COUCHE's FORT. 43

desiguing demagogues, imposing on the simplicity of the people, instead of ascribing them to their own unwise and unjust measures.

The " intemperate resolutions/7 to which so much evil was ascribed, as already remarked, were not the causes of the popular excitement, but the effect. That excitement existed before, and the expression of it might even serve as a safety valve, to lessen its intensity. If no serious discon tent existed, the mere passage of the resolutions would be insufficient to produce it, although no doubt they would help to fan the flame.

It is stated by Mr. Brackenridge,* that toward the middle of the next day, the Inspector, Col. Presley Neville, who resided in the town, had received a letter from his father, in the country, informing him that a large number were said to be collecting at a place known by the name of Couche's Fort, about four miles distant from his house. The son ex pressed to him his apprehensions for the situation of his father, and on asking Col. Neville what he supposed to be the object of their assem blage, he answered that it was to require his father to deliver his commis sion. " Deliver it, then," said Mr. Brackenridge ; but this was answered by a peremptory negative. The reason given for this advice was " to put by the storm for the present, until the civil authority could interpose, and bring to account individually those who had disturbed the peace. If the mob who had burned the house of Lord Mansfield, in the riot in London, could have been put off by a delivery of his commission, it is presumed that he would have delivered up the parchment, as another could have been prepared.'7 In a community almost purely democratic, where there was no military force to compel obedience, the people them selves, who constituted the mob, being the only force to apply to, it was useless for the few and unarmed to resist. It is possible that a sufficient number of the friends of the Inspector, and those disposed to encounter the risk, might have been collected to attempt a defense, which would have cost many lives : but from the overwhelming numbers opposed to them with increased exasperation, they would ultimately be subdued. By thus giving way to them, the attempt might afterward be made to bring them to justice by means of constables, sheriffs and judges. At least, this temporary yielding to the storm could not make it any worse, and might have been successful, which the other could not be ; and when left to themselves, the people, many by their own reflections, would come to see the impropriety of their conduct. In arbitrary, despotic governments, the favorite, and almost only method pursued, is that of

* Incidents, p. 6.

44 WESTERN INSURRECTION.

dragooning people into submission,* and at the same time of considering every popular expression of dissatisfaction with their rulers as treasona ble, or at least seditious. Mr. Brackenridge, afterward so conspicuous in these unfortunate transactions, had hitherto taken no active part for or against the excise laws, although entertaining the common opinion, and which had been held by the Neville's themselves previous to their taking office. He had not attended the meeting, which two years before had passed the " intemperate resolutions," which according to the Secre tary of the Treasury, had sown the seeds of the insurrection. He had, however, appeared professionally for some of the defendants in court, and was naturally supposed to be identified in feeling with the people, and erroneously expected to go to all lengths. He was also popular, at the head of the Western Bar, and at this time, a candidate for Congress. These circumstances rendered his actions liable to misconception, and af forded an opportunity to his enemies, to misrepresent it. Col. Presley Neville, (son of the Inspector,) with but little energy of character, although possessing many fine qualities, appears to have had a large share of that cavalier pride, which does not know how to yield until it is too late. This was the misfortune of greater men, on more important occasions.

In the afternoon of the same day, the 17th, Gen. Wilkins, Brigadier General of the militia, called on Mr. Brackenridge, and informed him that a demand had been made by Col. Neville, in the name of his father, on Major General Gibson and himself, to call out the militia, to suppress the threatened riot, and requesting his opinion as a lawyer as to the power under the law to comply with his request. Mr. Brackenridge thought the power to call out the military rested in the Governor, by con struction of the clause in the constitution, which makes it his duty "to see that the laws are faithfully executed." Gen. Wilkins shortly after returned, and stated that Col. Neville had applied to him and General Gibson, as judges of the court, to raise the posse comitatus, and again

*While this is very true of the arbitrary and despotic ruler, it is equally true of the mob; as the following anecdote related by Mr. Brackenridge will show. "I knew a man nearly related to me, (his brother, John Brackenridge,) on Brushy run, in Washington county, who, having no gun, sat two nights in his cabin, with his axe in his hand, to defend himself against his captain, of the name of Sharp, who had threatened his life for not going to the burning of Neville's house, agreeable to summons. He yielded on the order to go to Braddock's Field, and appeared there with a crooked horn by his side, but had no powder in it. He saw, as he went along, the tomahawk drawn over the heads of men, at their breakfast or dinner, and obliged to march." — Incidents, II. p. 64.

THE POSSE NOT AVAILABLE. 45

requested legal information.* He was told by Mr. Brackenridge that this was a power which belonged to the sheriff, and he suggested that he should be called upon. The sheriff and judges, shortly after, met at a public house, and sent a request to the lawyer to attend them for the purpose of consulting as to the law, the sheriff having doubted his au thority. The power of the sheriff was fully explained ; but although con vinced that he possessed the power, he was of the opinion, that in the situation of the country it was impracticable. The mob itself was the posse, at least out of the town, and even if every man capable of bearing arms, in town, could be assembled, it would be greatly outnumbered ; and besides, the fear of bringing the country upon them, would prevent them from going ; and it was possible that some of them being connected in the country, sympathized with the rioters. It was then admitted on all hands, that neither the militia nor the posse were available. The United States soldiers at the garrison were not thought of; for besides their being too few in numbers, they could not be legally called out to aid the civil authority, at the pleasure of the commanding officer. Mr. Bracken- ridge, seeing these difficulties, proposed that the judges and sheriff, him self accompanying them, should go to the assemblage of the people, and try the effect of persuasion, as force in opposition to them was now evidently out of the question.

Having hastily mounted their horses, they proceeded to cross the river, on their way. At the ferry they fell in with Col. Neville, Marshal Lenox, and a young man of the name of Ormsby. Mr. Brackenridge relates that these three persons were armed, which he considered imprudent, and ad dressing himself to the young man, with whose family he was on terms of friendship, said : " What ! armed !" " Yes/' said he. " You will not ride with us armed." " You may go as you please/' said Ormsby, " we will go armed/' Col. Neville, who was mounted on a gay horse, with pistols in holsters, spoke : " We are not all born orators ; we are going to fight, you to speak." " I thought him a better chevalier than a judge of the occasion/' observes Mr. Brackenridge. The sequel proved this ob servation to be correct. The parties took different roads and separated — Neville's party taking the direct course to his father's house, the other pursuing the less frequented road to Couche's Fort, where they expected to find the persons who had collected with the intention of attacking the house of the Inspector. On their way they found the harvest fields deserted by

* In Pennsylvania, the district or presiding judge, is assisted by two asso ciates, who are not required to be lawyers by profession — usually some private citizen of standing and character.

46 WESTERN INSURRECTION.

the men, and only women were to be seen. On coming within half a mile of the place they received information that the main body had marched for Neville's house. They set out with haste to overtake them, but when within a mile and a half of Neville's they learned that all was over ; that the house had been burned, and that the people were returning, in a great rage at the loss of their leader, M'Farlane. It was thought not advisable to go further in the present state of things, nor safe to remain, lest their coming might be misconstrued ; it was then agreed by all to return to Pittsburgh. Mr. Brackenridge had proposed to proceed alone to the house, but the proposition was not well received ; it was thought that all should go or none.*

"With respect to Neville's party, they had arrived at the outguard, (for it seems that a guard had been posted on the road in military style,) about the time the firing on the house commenced. Neville, on his first ad vance to the guard, cried out, " If there is a gentleman amongst you, let him come out and speak to me/' This quixotic speech might have been fatal to him, as it was an offense to all, and several raised their pieces to fire, when, with some presence of mind and changing the tone of his voice, he cried out that he was not armed, which he might say, as he had not yet drawn his pistols from the holsters. He and his companions were made prisoners, and put under guard. Neville insisted much on being permit ted to go forward, and would engage that any demand short of life should be complied with. In a short time he was compelled to witness the agoniz ing spectacle of the house in flames, uncertain of the fate of his father and family, or whether they were in the house or not. When the rioters were about to disperse, Neville and the Marshal were in great personal danger; some of the rioters having by this time become intoxicated. Young Ormsby, being known to many of them, was treated with some indignity and rudeness. The Marshal also, after some time, having stipulated to serve no more process west of the mountains, and to surrender himself when demanded, Neville becoming his sponsor — they were both permitted to go. They had demanded of the Marshal that he would engage not to return the process already served ; this with a firmness which commanded respect, he refused to accede to, alleging that in complying with it he would violate his oath of office. The Marshal, after leaving the main body, was again taken by an out-party, many of them intoxicated, and

* He has been censured for not going to the house ; but no reason is given why it was more incumbent on him to go than on the others whom he accompanied ! It was less so, because he had no official duty to require his going. If he had gone he would probably have been accused of having an understanding with the rioters.

ATTACK ON NEVILLE'S HOUSE. 47

carried toward Couche's Fort, to which they were returning. His life was in danger. For some time he was in charge of James M'Alister, who had rescued him from great peril, but had given his word to the more violent, not to suffer him to escape. After some time M'Alister surren dered him to Col. David Phillips, who advanced some distance before the crowd, and was entreated by the Marshal to suffer him to escape. Phillips told him that his own life would answer for it. He was at last, just as they approached the main body with the corpse of M'Farlane, prevailed upon to show him a road in a certain direction, and suffer him to escape. He got in the main road toward Pittsburgh, and about two o'clock in the morning came to town.

We will now return to the assemblage at Couche's Fort on the 17th of July, and give some account of the proceedings. The habit of the Anglo- Saxon, especially of the American branch, of acting where numbers are engaged, under some kind of organization, civil or military, was displayed on this occasion. The assemblage was a part of Hamilton's regiment, and they came under the command of their officers, none of whom, except the Colonel, dared to refuse to lead their companies, however much against their inclination • and many probably shared in the inflamed state of the public mind, while others accompanied their men in the hope of being able to restrain them from acts of violence. The greater number of the privates were farmers and their sons ; although there were others, such as are always to be found on such occasions, of a less scrupulous character. A venerable and aged clergyman, Mr. Clark, who attended the meeting, addressed them and used, to no purpose, every argument to dissuade them from their designs. Those whom he addressed were, with few exceptions, emigrants or their descendants from the North of Ireland, from the mili tary colonies established after the natives had been expelled. They con stituted also a large proportion of the population of the midland counties of the State, especially of Franklin and Cumberland ; they are a religious, as well as a warlike race, qualities inherited from their ancestors, as well as their dislike to excises and excise officers. The names of the M' Far- lanes, the Crawfords, the Hamiltons, the Bradys, the Butlers and the Calhouns, show their origin. Although strict Presbyterians, and usually obedient to their clergy, they neither considered it immoral nor unpatri otic, to oppose the execution of a bad law. The earnest admonitions of the venerable clergyman were disregarded. They thought him in his dotage ; or as having skill in spiritual affairs, but not in the temporal interests of the country. It is barely possible that if the party of Mr. Brackenridge had arrived in time, the advice of a lawyer in whom they placed confi-

48 WESTERN INSURRECTION.

deuce, representing the unlawfulness of what they were about, and the probable consequences, and this backed by the friendly representations of the judges and sheriff, might have had better success. Many among the leaders would no doubt have been glad of an excuse to drop the undertak ing; but this, although deserving an experiment, is uncertain. It is most likely that their passions had been too much inflamed to think of a retreat ; and those in favor of it, especially after having contributed to the excitement, would be afraid to propose such a thing. There was also a hope among the more reasonable that Neville, seeing the formidable force before his house, and the utter uselessness of resistance, would have given up the papers which they had come to demand, and the destruction of property and loss of life might thus be prevented. But for the imprudence of those left in defense of the house, this would have been the case. The number is supposed to have been about five hundred, mostly armed. The first act was to appoint a committee like those of the National Commission ers of the French. This committee offered the command to Benjamin Parkinson, who excused himself as not having military knowledge. James M'Farlane was then nominated, and he agreed to accept. He was a major of militia, and had served with reputation as a lieutenant in the war with Great Britain, from the beginning to the end of it; was a man of good private character, and had acquired a very handsome property in trade after the close of the war.

The body having marched and approached the house, the horses were left under a guard, and arrangements made for an attack, should it be necessary. It seems that, in the mean time, those in the house were prepared. Early in the morning, having marched before day, Major Kirk- patrick had arrived with eleven soldiers, obtained from the commandant of the United States garrison, a circumstance unknown to the assailants as well as to the civil officers before mentioned ; in fact, to all but the Nevilles and the commanding officer of the garrison. A flag was sent from the committee to demand the delivery of the Inspector's commission and official papers, a practice for which there were precedents previous to the Revolutionary war in the case of the stamp excise. From the withdrawal of the Inspector, it would appear that he did not count on being able to defend the house against the overwhelming force coming against him. It is asked, why not give orders not to attempt a defense ? It has been conjectured that he did ; but his brother-in-law, Kirkpatrick, being a mere soldier, judged less prudently, and determined to make the attempt. On the return of the flag, it being communicated that the Inspector had left the house, a second flag was sent, and a demand made that six per-

ATTACK ON NEVILLE'S HOUSE. 49

sons should be permitted to search for his papers, and take them. This was refused ; and notice was then given by a third flag for the wife of the Inspector and any other female of the family to withdraw ;* they accord ingly did, and the attack commenced. About fifteen minutes after the commencement, a flag was presented from the house, upon which M' Far- land, stepping from a tree behind which he had stood, and commanding a cessation of firing, received a ball near the groin, and almost instantly expired.f The firing then continued, and a message was sent to the committee, who were sitting at some distance, to know whether the house should be stormed ; but in the meanwhile fire had been set to a barn and to other buildings adjoining the mansion house, and in a short time the intenseness of the heat and the evident communicability of the flame to the house compelled those within to call for quarter ; on which the firing ceased, and they were desired to come out and surrender themselves. The soldiers, three of whom were said to be wounded, were suffered to pass by, and go where they pleased. Major Kirkpatrick had nearly passed, when he was distinguished from the soldiers, and ordered to deliver his musket, which he refused ; when one presenting a gun to his breast, he dropped on his knee and asked for quarter.

The buildings were all consumed, excepting a small out-house, over which a guard was placed on being informed by the negroes that it con tained their bacon. When the house was in flames the cellar was broken open, the liquors rolled out and drank. Kirkpatrick, after being carried some distance under guard, was taken by David Hamilton behind him on horseback ; when, thinking himself protected, he began to answer those who came up occasionally with indignant language, when Hamilton said to him, " You see I am endeavoring to save you at the risk of my own safety, and yet you are making it still more dangerous for me." On this, he was silent ; and being carried some distance further by Hamilton, he was advised to make his escape, which he did.

* The author has heard it related as a common rumor, that the ladies had with drawn, and that, after this notification, the Inspector, who was still in the house escaped in female attire on a horse with a side-saddle, brought to the door !

f The following epitaph was lately copied from the tombstone in the Mingo Creek graveyard :

" Here lies the body of Captain James M'Farlane, of Washington county, Pa., who departed this life the 17th of July, 1794, aged 43 years.

"He served during the war with undaunted courage in defense of American independence, against the lawless and despotic encroachments of Great Britain He fell at last by the hands of an unprincipled villain, in the support of what he supposed to be the rights of his country, much lamented by a numerous and re spectable circle of acquaintance."

50 WESTEEN INSURRECTION.

Notwithstanding the rolling out the liquors and drinking them, there is not to be found in the history of riots an instance of greater forbearance and less of savage ferocity. So much the historian owes to truth, while he condemns the folly and madness and the guilt of the outrage. It has no parallel with the revolutionary measures practiced about the same period by the savage peasantry of France, or more brutal mob of Paris. Although enraged by the fall of their favorite leader, whom they believed to have been a victim to treachery, they showed no disposition for cruel or vindictive retaliation. It is deemed of sufficient importance by Findley to contradict the assertion of the Secretary of the Treasury, who states that when the committee demanded the Inspector's papers, they were answered that they might send persons to search the house, and take away whatever papers they might find pertaining to his- office. But not satisfied with this, they insisted unconditionally that the armed men who were in the house for its defense, should march out and ground their arms, which Major Kirkpatrick peremptorily refused ; and that this put an end to the parley. Findley asserts, and correctly, that this is unsupported by the testimony taken on oath in the Circuit Court, and is entirely with out foundation. It is certainly at variance with the fact that the assail ants had no knowledge that Kirkpatrick was in the house with the United States soldiers; and it is also at variance with the account of Mr. Brack- enridge. Allowance is to be made for the statement of the Secretary, who was endeavoring to make out a case of open rebellion, in the attack on a regular garrison of the United States ; otherwise, it could be consid ered nothing more than a riot on the part of the assailants. The illegal employment of soldiers would not be so lightly passed over at the present day ; perhaps the coloring attempted to be given to the affair was intended as an excuse for employing them.

This unfortunate occurrence took place only three days after the first assault on the Inspector and the Marshal, when serving the writ on Miller, which was succeeded by the abortive attempt on the house. It may be regarded as another scene of the same act — a continuation of the same otiense, confined to a small portion of the western country, and to the immediate neighbors of Gen. Neville ; for it does not appear that a single person residing in Pittsburgh was accused of taking part in it. If Col. Neville had been so fortunate as to have reached the house in time, there is a probability that the papers would have been given up, and the mob would have dispersed ; but the matter was left to a soldier who knew nothing but to fight. If those papers had been surrendered, the insur rection would probably have extended no further, and would have ended where it first broke out, as there would have been no destruction of prop-

ATTACK ON NEVILLE'S HOUSE. 51

erty or loss of life to incite to further and more violent measures of desperation.

The loss of private property was considerable, but afterward made good, it is believed, by an act of Congress.* An advertisement was about this time inserted in the newspapers by Presley Neville, calculated to give much offense. It related to some government certificates of funded debt, which were said to be stolen, and warned the public against any forged transfers, &c. These certificates being registered, were neither lost to the owners, nor could they be available to any one else. Those wlio had been engaged in the destruction of the house were not thieves or robbers, although violators of the law. It was regarded as an unnecessary display of contempt for the people, and tended to increase the unpopularity of the Neville connection, which consisted of four influential and wealthy families, all enjoying offices and the favor of the government, and hitherto the favor of the people, who were thus unnecessarily provoked. The Nevilles had been injured, it is true, but they had in some measure brought it on themselves by their own acts. They had lost property, at least for the present, but they were regarded as the cause of shedding the blood of their fellow citizens, whether blamably or not, is a question about which there may be a difference of opinion. -\

The day after the destruction of the house of the Inspector, David Hamilton, a justice of the peace, and accompRnied by John Black, came to Pittsburgh, with an authority from the committee to demand of the Marshal the surrender of the writs which had been served, agreeably to his engagement, as they said, and for which Col. Neville had become sponsor. A conference took place, and it was denied on the part of the Marshal and Neville, that there had been any engagement, except not to make any service. It was understood otherwise on the part of Hamilton, who thought it of little importance to make no further service, as it could be of no use to those on whom the process had been already served. This led to the question, whether the Marshal was bound to return, and what would be the effect of the return ? Whether judgment could be taken

*Act 5th February, 1795, 6th vol. U. S. at large, p. 20 — " entitled an act to pro vide some present relief for the officers of government, and other citizens, who have suffered in their property by the insurgents of Western Pennsylvania."

f They certainly possessed the right of self-defense, but their previous conduct as respects the excise, and their relation to the people, must be taken into view be fore we pronounce them entirely blameless. If, according to Alexander Hamilton, the mere opposition to the law led to the insurrection, then the Nevilles must share the censure with their neighbors, for they had been equally opposed to it before their appointment to office.

52 WESTERN INSURRECTION.

which would bind the lands here so that they could be sold in Philadelphia ?

The Marshal conceived it to be only an initiatory process, on which final order could not be taken ; and that there must be another writ, and service of it, before judgment. Mr. Brackenridge was again consulted, and gave an opinion at the instance of the Marshal and Neville, which was to the effect that the process was similar to the subpoena in chancery, which must be first served before issuing the attachment ; and that no judgment could be entered without another writ, the present process being merely a summons to show cause. Copies of this opinion were given to Hamilton, who thought that this would not satisfy the committee ; that if the people had known that the Marshal was bound to return the writs, he doubted much if he ever would have got off the ground ! The officer, on being informed of this, was convinced of the danger of his situation ; it was impossible for him to satisfy the people, and extremely difficult to leave the country, the public roads, it was supposed, being completely guarded. In leaving the country, under these circumstances, Neville would be exposed to their vengeance, as he had become responsible for him. Mr. Brackenridge, from a willingness to serve Neville, proposed to proceed in person to the committee, and endeavor to convince them that there was nothing to fear from the return of the writs, and at the same time offer his services to go to Philadelphia for them. It was understood that the committee was sitting at Shockan's tavern, four miles from Pittsburgh, and the idea had been held out by Hamilton and Black, that there was a large body of men in that vicinity. This was done for their own safety, as they were not without apprehensions of being arrested in town. This circumstance shows the state of feeling between it and the country. Mr. Brackenridge, however, required that he should be accompanied by one or two more persons, feeling the delicacy of communicating with the rioters, unless in the presence of witnesses. Several offered to accompany him, who afterward made their excuses; but a person of the name of Johnston, who had been a deputy collector, and was a tenant of Neville, declaring his willingness to go, they set out in company. On their way Hamilton informed Mr. Brackenridge that he had, agreeably to the orders given him, demanded of the Inspector a resignation of his commission ; that the two Nevilles had agreed to the resignation, and had written something to that effect, but it appearing to be merely conditional, it was rejected by him. He was apprehensive that the consequence would be bad } that there would be no restraining the people from coming to Pitts burgh to take him; that he was apprehensive, also, that they would demand

ESCAPE OF THE MARSHAL. 53

the Marshal, or, at least, detain him. a prisoner, to prevent his returning the writs. Such was the strange inconsistency of setting the government at defiance, and yet fearing the return of the legal process ! Hamilton declared that it was to prevent mischief that he had proposed coming to Pittsburgh • that the people assembled at the interment of M'Farlane were in a violent rage, and proposed marching to the town to take the Marshal and Inspector. He declared, with respect to the former, that it was better that one man should die than so many persons, with their families, should lose their plantations. He further expressed the opinion, that on that day there would not be an excise office standing in the survey.

It is important to note the language of desperation, to show the state of mind to which the people had been wrought up, in consequence of their supposed grievances, and the recent acts of violence. It was the spon taneous working of their feelings, not the effect of the traitorous arts of demagogues, for the purpose of gratifying their wicked designs against the government, as has been so frequently represented by the Secretary of the Treasury and the supporters of the administration. Those who most un qualifiedly denounced the insurgents could not admit this fact without, at the same time, admitting that there was cause for complaint, although manifested in this short-sighted and unlawful mode.

It was ascertained by the party on the way that there was no committee in session nearer than the place of interment of M'Farlane. They pro ceeded to the house of the deputy Johnston, who made out and delivered in writing to Hamilton, his resignation as deputy collector, and which was afterward published in the Pittsburgh Gazette* The next day the party, accompanied by the deputy, went to look for the body of a person who, it was supposed, had been killed at the time of the attack by the party under Holcroft, but it was not found until some days afterward, by the negroes, by whom it was buried. Hamilton and Black solicited Mr. Brackenridge to accompany them to the committee, but he excused him self. In fact, it was necessary for him to use the utmost caution in being seen among the rioters, without having some one with him to testify to his conduct.

During the same afternoon, while a violent storm of wind prevailed on the river, the Marshal and the Inspector took their departure in a boat to descend the Ohio, intending to effect their escape through the western

* " Finding the opposition to the revenue law more violent than I expected ; re gretting the mischief that has been done, and may, from the continuance of meas ures ; seeing the opposition changed from a disguised rabble to a respectable party, I think it my duty, and do resign my commission. ROBERT JOHNSTON."

5

64

WESTERN INSURRECTION.

part of Virginia, and which they accomplished. There had been a minor the day before that a large party was on its *ay to pull down the Inspec tor's office in Pittsburgh, and it was feared they would proceed to other enormities. It was the cry of the inhabitants, that rather than provoke the country, and bring an infuriated people upon them, it would be best to pull down the office themselves ! The evening of the arrival of Ham ilton and Black, the account of two having come was swelled to two hun dred, and it was said there were a thousand on the hill on the other side of the river. The people were gazing everywhere ; every one thought he saw some, and of course dressed in hunting shirts, the usual garb of riflemen. Application was made to the two men, stating particularly that the females of the Neville family were uneasy, and requesting one of them to cross the river and ascertain the truth. Black went over, and returned with the information that there were none there, or that they had dis persed. Major Craig, the son-in-law of the Inspector, after the departure of the Marshal, took down the paper on the Inspector's office, and called a gentleman to witness (Mr. Lang, of Brownsville), that it was down. He also offered the fragments to that gentleman, to bear to the country to convince them of the fact !

NOTES TO CHAPTER II.

The author of the "Incidents" says: "From the town the people could not have been commanded. Many of them had connections in the country, and would not submit to an order to take up arms against them. Besides, they had themselves a good deal of the same spirit of opposition to the laws ; not so much from any consideration of the law, or its effects, but because it was patriotic and fashionable language. Others, as is natural, wished for something new ; and would rather have joined them than fought against them. It is a fact, that some influential men and commanders in the militia, were heard to say that day, that if they were ordered out, and were to fight at all, it would be with the people. ' Thus the cause of the people and that of the government, were thought to be different things."

Notwithstanding the feelings above described, which would induce a large proportion to be passive, or even to give their sympathies to the country people, the majority were silently in favor of "law and order." The author continues:

" But even with the best disposition in the town of Pittsburgh, a concern for their general interest, as mechanics and shopkeepers, would render them reluc tant to enter into a contest with the country, whence a great part of their custom came ; and a concern for their immediate safety would prevent them altogether. They would reflect, the most ignorant of them, that the militia of fhe town, about 250 men, were they unani mous and spirited in support of govern ment, would be nothing to the country ; which would, in the next instance, after an attack on the excise officer, turn itself

AFFIDAVITS.

55

against the town. It could starve them out, and the garrison with them, by an interdict of provisions ; or, as was threat ened afterward, it could plunder, and burn. It would have been extreme cruel ty to force the inhabitants to this danger. It would have been extreme impolicy ; and would have answered no other end than to show the rioters the strength even they had in the town. The situation of the town became much more critical after the burning of Neville's house ; there being none of the town's people in the riot, and it being known that the Inspector had many friends there, the whole town was regarded as in opposi tion to the county, and hence the inhab itants were regarded with distrust and even with enmity. It was safest to let the matter rest unknown. Persuasion for the moment, and the steady and ac customed step of civil authority, by the known officers afterward, were the only means that were eligible. The raising the posse of the county, as a legal act, was a thing unknown to the people, and would not be understood. It would be considered as the party of the excise offi cer, disposed to try their strength with the friends of liberty. It would have been a most rash act. I will trace what would have been the consequence. The posse could have been raised, or it could not. If it could not have been raised, the weakness of the government and the strength of the rioters was discover ed by the experiment. If it could have been raised, and brought forward, a con test would have taken place, and lives been lost. The victory must have been on, the side of the rioters, for the strength of the country was with them. The plundering and destruction of the town would have ensued. The garrison would have been stormed and taken ; for there was not at that time more than a day's provision in it. The whole country

would have been involved instantly, Des peration would have led to prompt and decisive measures. These would be, to cross the mountains, find receive an ac cession of force, and procure the means, and occupy the ground of war in the midland county."

The author thus speaks of the Neville family or "connection:"

" The Neville family is numerous and wealthy. The Inspector himself, with the advantage of an officer, which though • it brings general odium, secures particu lar dependence; his son, (Col. Neville,) a member of the assembly, brigade in spector, and surveyor of the county ; his son-in-law, Major Craig, deputy quarter master, with the care of the military stores, and the employment of mecha nics. His brother-in-law, Major Kirk- patrick, commissary, with money and means."

Affidavit of David Hamilton.

Was at Pittsburgh at the request of a committee, in order to converse with Marshal Lenox on the subject of the agreements entered by him with the peo ple after the burning of Neville's house; recollect no private conversation with Mr. Brackenridge, nor any conversation, but on the question which had been put to him respecting the return of the writs, which question was put to him by the consent of Mr. Lenox.

Same day after my return home, I wrote a note to Mr. Brackenridge, in forming him of a meeting to be at Mingo Creek, wishing him to come up ; it was our concern to mend what was done, and get advice from him as from others, to make what was bad, better ; for we had a sense that everything was not right ; received no answer, but Mr. Bracken ridge came ; did not understand Mr. Brackenridge as approving of what was done ; in giving his opinion in the case of the writs, it appeared to be his wish to

56

WESTERN INSURRECTION.

compromise the matter between the Mar shal and the people.

City of Philadelphia, ss.

Personally appeared David Hamilton, of Washington county, in the Common wealth of Pennsylvania, who being sworn, deposeth, that to the best of his know ledge, recollection and belief, the con tents of the foregoing writing are just and true.

DAVID HAMILTON.

Sworn 19th day of May, 1795, before me, HILARY BAKER,

one of the Aldermen of Philadelphia- —Incidents, III. 78, 79.

Affidavit of John Black. Being about to go to Pittsburgh, fell in with a body of people collecting for 'the burying of Captain John M'Farlane, who had fallen at burning General Ne ville's house ; David Hamilton had been deputed by a committee of these people to go to Pittsburgh, to return the pistols taken from the Marshal, and to have a fulfillment from him of what had been •agreed upon, on his part. Understood from Hamilton, that he had consented to go, in order to prevent the people from coming in themselves, and doing mischief; for there was danger of their going in at that time. Went with Hamilton to Pittsburgh, and met the Marshal and Col. Neville. Hamilton explained his business, returning the pistols, and re quired a fulfillment of what was agreed upon, viz. that he would serve no fur ther writs, and not return those that were served. The Marshal said he had not agreed not to return the writs. A query was then in the mind of Hamilton, what effect the returns would have. At his request, I went to Mr. Brackenridge, to ask his opinion a sa lawyer. He said it was a delicate point, and he would talk rto"the Marshal. On this he went out,

and came in with the Marshal and Col, Neville. Upon that I went out, and after some time returned ; and Mr. Bracken- ridge said he was not much acquainted with the practice of the Federal courts, but would consult, and give his opinion in the morning. He gave his opinion in writing ; which Hamilton thought would not be satisfactory to the committee. It was understood that the committee would be sitting till he returned. It was pro posed to return by Neville's house ; and it was our wish that some of the gentle men of Pittsburgh should go with us ; we wished to see whether a man that was missing, and from what had happened, did not wish to go ourselves. General Gibson, Doctor Bedford, Mr. Bracken- ridge, and others, had consented to go. The day looking for rain, or for other cause, some declined going. Mr. Brack enridge came ; I understood him to be about to go forward to the committee, to see if he could not satisfy the people in respect to the Marshal. In my conver sation with Mr. Brackenridge with res pect to the burning of General Neville's house, he said it was an unhappy affair, and was afraid it would turn out a civil war, that government would call out the militia, and we were the militia ourselves, and have to be at with one another. He did not say a word to ap prove what was done, as to the burning of the house, or any act of violence.

Pennsylvania, ss.

Before me, William Meetkirk, in and for the county of Washington, came John Black, and made oath according to law, and saith, that the foregoing statement, to the best of his knowledge and recol lections, is just and true.

JOHN BLACK.

Sworn and subscribed before me, May, 1795. WILLIAM MEETKIRK.

CH'APTER III.

THE MINGO CREEK MEETING — VIOLENCE OF BRADFORD — SPEECH OF BRACKEN - RIDGE — CAUSES OF THE OUTBREAK — CASE OF MILLER.

ON Monday, the 21st of July, four days after the burning of the Inspector's house, and the second after the departure of the Marshal, a young man called in the afternoon at the office of Mr. Brackenridge, and delivered him a note from David Hamilton, informing him that the com mittee was to sit at the Mingo meeting-house the Wednesday following, and expressing a wish that he would be present. Mr. Brackenridge con ceived that it was for the object he understood him to have in view on a former occasion, that is, to explain to the people the effect of returning the writs, and inducing them to be satisfied, and refrain from seizing the Marshal, or Col. Neville in his stead. He felt, notwithstanding, some uneasiness at the idea of holding a correspondence with one involved in the guilt of treason, as he then regarded the act of the rioters. He tore up the note and threw it among useless papers in the bottom of a closet, meaning never to make further mention of the matter.

The next day Col. Neville called and asked him "if he had not received a note from David Hamilton? " " I have," said he, "but how came you to the knowledge of it ? " said Brackenridge, taking the pieces from the closet and putting them together. Col. Neville was a man of education, and thus assimilating, an apparent friendship had existed between them up to this period, although there was a different feeling on the part of some of the connection with Mr. Brackenridge. The Colonel inquired whether he intended to go, to which the other replied, " Certainly not ; their conduct is high treason, and in that offense there are no accessories, all are principals. I have reflected on the subject, and do not consider it safe to go." "I wish you would go," said Neville, "it might answer a good end." Mr. Brackenridge, connecting in his mind the engagement of Neville for the Marshal, which had placed him in a delicate predica ment, understood him that he wished him to go to reconcile the people to the circumstance, and perhaps dissuade them from any violent act in future. He was still, however, anxious to decline, even as a personal favor

58 WESTERN INSURRECTION.

to Neville, but being earnestly solicited, he at length consented, but on condition that Col. Neville would vouch with what sentiments he went, and also provided some person should accompany him, to testify to what he might say or do on the occasion, and which was the same condition as that on which he had agreed to visit the committee two days before. Neville, with this understanding, made personal application to several persons, while some declined, and all appeared reluctant. Mr. Bracken- ridge also spoke to several. At length the following persons consented to accompany him : George Robinson, the chief burgess ; Col. William Semple, Peter Audrain, Josiah Tannehill and William H. Beaumont, all persons of the most respectable standing in the town. We give in the foregoing the statement of Mr. Brackenridge, published the year after in his "Incidents," and which was not contradicted by those interested in doing so. It was, moreover, sufficiently corroborated by the affidavits of the persons chosen to go with him.* It is proper to remark, although in anticipation of the subsequent events, that the pledge thus stated by Mr. Brackenridge was not redeemed, when afterward the mere circumstance of attending the meeting was brought forward against him and others, as evidence of their complicity. This was seriously charged upon Col. Neville by the author of the u Incidents," and no denial attempted. His speech was shamefully misrepresented, but fortunately this misrepresen tation is corrected by the affidavits of the persons who accompanied him. A generous acknowledgment of the fact by Neville would have been more consistent with his character, and his silence can be only accounted for from the influence over him possessed by the other members of the con nection. This act of simple justice was the more called for, as the circum stance of attending that meeting, without regard to the motive, was afterward considered an act of treason.

These gentlemen set out, and arriving, found, to their surprise, not a committee of persons, but a large assemblage, or mass meeting ; some from a distance, but the majority consisting of those who had been engaged in the riot and outrage at the house of the Inspector. If the party had known this, they could not have been induced, under any circumstances, to have left the town. It was thought, however, as there was a number of persons from a distance, and not implicated, that the object of these would be to counsel moderation, and stopping the further progress of violence; besides, if possible, to devise the means of repairing the mischief which had been done. The first act in organizing the meeting seemed to encourage this hope, by the choice of Col. Cook as chairman, and Craig

•* See Notes to this chapter.

MINGO CREEK MEETING. 59

Ritchie as secretary, two men of high standing, and known to be friends of order and good government. There was, notwithstanding, the appear ance of gloom and distrust in the countenances of all, especially of those who had taken an active part in the recent riots. The fury of the moment had passed off, hut time had not yet been given for cool reflection ; those who were committed began to have some vague idea of being involved in treasonable acts. The gloom of these was not that of sorrow or repent ance ; the unextinguished fire of rage still glowed in their bosoms, and required but little to fan it into fierceness. No one knew how far to trust his next neighbor ; and however much he might be opposed to violence himself, was afraid that the first person he addressed might be one of the enrage, and himself suspected of incivism, for a vague and undefined ap prehension hung over all, rendering life itself insecure.

Dr. Moore, in his admirable work, " Journal of a Residence in France," during the murderous reign of terror, says that " every shop-keeper dis trusted his next door neighbor, and did not know but that he might be one of the enrage." Hence a mob composed of the very dregs of society? resembling a savage horde rather than a civilized people, were permitted to give vent to their fierce passions without control. But here there had not been, as in France, long ages of oppression by privileged classes j no system of laws fettering the people, and placing them at the mercy and in the power of the few, nor such continuance of this as to debase the masses and debauch the rulers, opposing thus the imbecility of the few to the ignorant and brute force of the many. Among a people who practiced and enforced obedience to authority, it seems impossible that the excise alone, (which appears, by their demands, the Western people knew might be repealed,) could have led to the state of feeling described by the author of the " Incidents," as is evinced in the following extracts :

" Every countenance discovered a strong sense of the solemnity of the occasion, those who had been involved not more than those who were afraid to be involved. It will be asked, how came any one there who was afraid to be involved ? I have accounted for my being there ; but how came David Bradford, James Marshall, Edward Cook and Craig Ritchie there? I select these instances ; as to Marshall and Bradford, I am at a loss to say anything by way of opinion or deduction. I can only state what I have understood from others, or what is within my own knowledge. Not having had the least communication with Marshall or Bradford prior to that day, or on that day, on the subject, I have nothing of my own know ledge. I have understood from others, that after the first attack on the house of the Inspector, when the adjacent country was about to be roused

iry j ^/

60 WESTERN INSURRECTION.

•

to a second attack, persons went to the town of Washington and called on Marshall and Bradford to come forward on that occasion, which they de clined. The expression of Bradford, reported to me, is, ' I cannot act ; you may do as you think proper.' He alluded, or was supposed to allude, to his being prosecuting counsel for the Commonwealth, and in that case, not at liberty to do what others might."

" After the destruction of the house, persons went to Marshall and Bradford, demanding of them to come out and support what had been done, or they would burn their houses. They had a claim upon them, as having been conspicuous in the deliberative committees with regard to the excise law, and alleged that Bradford had encouraged them to do what they had done by his words, when he was urged to take part before the burning. ' I encourage ? ' said he, ' good God ! I never thought of such a thing.' < Yes, you did encourage,' said they, < and if you do not come forward now and support us, you shall be treated in the same, or worse manner as the excise officer/ He found himself thus under the necessity of taking part, and that being the case, he would seem from that time to have adopted the most violent counsels. Marshall was also obliged to take part, and having done so, to pursue a violent course. I am of opinion that both of these men acted, in the first instance, under a subor dination to popular influence. Be this as it may, it is not from a solici tude to make an apology for them that I state this, but from a wish to show the truth of the transaction. Edward Cook also came, probably, at the solicitation and under the fear of the people. Craig Ritchie, and many others, I know did. They had with great difficulty avoided going to the attack on the house of the Inspector, but could not avoid at least the appeara^.2 of being with the people now."

The first thing which took place after the opening of the meeting was the reading a letter, which was presented by Benjamin Parkinson, from Col. Neville, (and which had been brought by one of the Pittsburgh party,) stating that his father and the Marshal had left the county; that the Marshal had not considered himself bound by that part of his engage ment, which was to surrender himself when demanded, and for which engagement he (Neville) had become sponsor, because, after the engage ment made, and the Marshal dismissed upon it, he had been again arrested, and was indebted to himself for his escape. That with regard to what had been done by them, they had burned his father's house, and they might burn his, but he had enough beyond their reach. As men of honor, he conceived, they ought to approve the intrepidity of Kirkpatrick in defending the house of a friend. It is observed by Mr. Brackenridge,

MINGO CREEK MEETING. 61

that this letter had a bad effect on those to whom it was addressed. Had better have been written in a different spirit, and better still not written at all. His praise of Kirkpatrick did not accord with public opinion, and his allusion to the particular case only excited indignation, as it was generally believed, perhaps erroneously, that M'Farlane had fallen by his hand, when, deceived by a flag of truce, he had stepped into the open space of the road, to command the assailants to cease firing. Besides, the defiant tone, and boast of wealth, tended to exasperate, instead of awakening within them a proper sense of the wrong they had committed. It added not a little to the embarrassment of the situation of those who now at tended the meeting at his solicitation.

This and some other letters being read and remarked upon, Benjamin Parkinson addressed the chair. " You know," said he, " what has been done ; we wish to know whether what lias been done is right or wrong, and whether we are to be supported or left to ourselves ? " These ominous words were followed by silence for some time. The Pittsburgh party was struck with astonishment, and Mr. Brackenridge declares that he felt in agony of mind for himself and his associates in that assemblage of persons who appeared to be excited to desperation, and feeling themselves thus placed in a situation to vote against a proposition perhaps at the peril of their lives, or to give a direct sanction to treason. They felt somewhat relieved when Marshall, who followed, observed that the question was not as to what had been done, but what was to be done in future ? Bradford now rose, and in a most inflammatory speech sustained what had been done, and applauded the rioters, demanding that it be put to vote whether those present gave their approval, and would pledge themselves to support those who had attacked and destroyed the house of the Inspec tor. His violent declamation was of considerable length, ".and yet/7 says Mr. Brackenridge, " from my knowledge of the man, I doubt whether he spoke according to his wish, or according to the humor of the people, and through fear of them ! " There was again a dead silence for some time after he had concluded. Those who were implicated were no doubt eager and anxious for the vote, and the others, at least the more reflecting, were alarmed at this unexpected predicament in which they were placed. Marshall came to Mr. Brackenridge and requested him to speak. This gentleman had already settled in his mind some outline of an address, but called on so unexpectedly, and knowing that the popular current was strongly against him and his associates, he was much at a loss what to say • but the situation was too urgent to admit of much delay or reflection.

62 WESTERN INSURRECTION.

One of his associates, Mr. Audrain, in his statement, declared that he never felt himself in a situation so embarrassing in his life.

Mr. Brackenridge, observing the eyes of the audience turned upon him, advanced to the middle of the aisle, toward the chair, and began in a slow, deliberate, and even hesitating manner, encountering the angry scowls of the principal leaders, who were in favor of pushing the people to still greater acts of violence. He began by giving a narrative of what had taken place in Pittsburgh, the withdrawal from the country of the Marshal and the Inspector, and who were supposed to have descended the river. The inspection office which had been opened in town since the destruction of that in the country, had been closed, and the label which had been put on the door taken down. Here, in order to unbend his audience from their serious mood and conciliate them, he painted with a touch of humor the haste with which the paper was taken down by Major Craig, the son-in-law of the Inspector. Having thus partially succeeded in securing a favorable hearing, he ventured to enter more seriously on the grave question which had just been put by Parkinson, whether those concerned in the destruction of Neville's house were right or wrong in doing so ? As a reason that he and his colleagues could give no vote on this question, he stated that they were not sent there to vote on any pro position, but simply to give an account of what had taken place in town, in order to satisfy the people, and to show that it was unnecessary for any force to come from the country to put down the excise office, as this had already been done. But he observed that although not authorized to vote, they were at liberty as fellow-citizens, identified with the welfare of the country, and would take upon them to give their advice. Then recurring to the question of Parkinson, and deferring somewhat to the received opin ions of the people on the subject of the excise law, he said that the act might be morally right, but it was legally wrong — it was treason — it was a case for the President to call out the militia ; in fact, it had become his duty to do so.* These ideas of the speaker, although thus cautiously

* The expression might be morally right, although hypothetically used, but not asserted as his opinion, was made a ground of accusation against Mr. Brackenridge, and an attempt to identify him with the rioters ; and in order to accomplish this his language has been perverted by Ilildreth and by N. B. Craig. He told them, say these writers, " that although they were morally right, they were legally wrong," and omitting altogether the words which followed, "it is treason." ' There is a difference obvious to every one between saying you may be morally right — that is, in your opinion — and saying you are morally right. One would suppose from them, that the few words thus falsified was the whole of his speech. This is a

MINGO CREEK MEETING. 63

unfolded, produced a startling sensation. A new view of the subject was suddenly presented to the guilty, and those not yet implicated found themselves standing on the brink of a precipice. Taking advantage of this, the speaker continued : But the President, said he, will reflect on the difficulty of getting the militia to march. They will be reluctant from the midland counties and the upper parts of Maryland and Virginia. It will probably be necessary to bring them from Jersey and the lower parts of the States. For these reasons, the President will be disposed to offer an amnesty. He then proceeded to state, as an example, the amnesty given in the State of Pennsylvania in the case of the riot in 1779, on Wilson's house in Philadelphia. But in order to obtain this amnesty, an application ought to be made to the Executive; that such application would come with a better grace and more support from those not involved than from those that were; that it was not the interest of the latter to involve others, but to let them remain as they were, in order to act as mediating men with the government ! Here rage was plainly shown in the coun tenances of Parkinson- and those who were implicated; a nod of approba tion was given by the chairman, while many others plainly expressed approbation in their looks. It was evident that a line of separation had been drawn, of which many would be glad to avail themselves. But the displeasure of the violent portion was plainly discernible, although nothing was said. The speaker saw that they distrusted the certainty of an amnesty, or did not relish the idea of asking it, and resented the being placed in a different category from those not implicated ; while the latter could ypth difficulty restrain the expression of their satisfaction at the turn which had been given to the affair by the speaker. It became ne cessary for him, on seeing this, out of regard for the feelings of the first, to exert himself to satisfy them of the probability of obtaining an amnesty;

species of falsification and misrepresentation of the most disgraceful kind. The idea that an act might be morally right, although legally wrong, was very prevalent, and is so still with many conscientious men. It is nothing more than the appeal to the higher law, which seems to have been revived within a few years. The re verse of the proposition may also be maintained, to wit: that a thing may be legally right, yet morally wrong. The feelings of the Irish and Scotch on the subject of the excise, and which was retained by them and their descendants in America, is not easy to be understood ; they give a singular obliquity to their moral percep tions on the subject. There is an anecdote of an Irishman, who, in confessing to his priest a horrid mass of iniquities, was asked by him if he could remember no good act as a set-off to so much wickedness. He at first hesitated, then seeming to recollect, "Stay," said he, " I once killed an exciseman"

64 WESTERN INSURRECTION.

lie at the same time enlarged on the want of power on the part of the people to sustain what had been done — the narrow basis on which they had to stand — a small part of the country, not even the whole of the Western counties with them — unprepared with arms, munitions and resources of war, in opposition to a power comparatively vast and over whelming ! Returning to the subject of the amnesty, he stated minutely the repeated proofs given by Washington of his great anxiety to avoid war, especially civil war. That this benevolent policy had even been carried to an extent which had been blamed, or was blamable. The case of the countermand of the Presq' Isle establishment, at the instance or threats of the Indian chief Corn Planter, was referred to, and perceiving that his auditory was about to relapse into their serious mood, he indulged in some touches of pleasantry on the subject of Indian treaty negotiations, and introduced the Secretary at War and Corn Planter making speeches. Now, said he, if even an insignificant tribe of Indians can have treaties and negotiate with the government, why should the people of the four western counties despair ? He then earnestly besought them, for their own sakes and the sake of their fellow-citizens, not to involve them in the same difficulties, when all would be equally guilty and none left to inter cede ! In conclusion, he used an argument against present action which would have great weight with his hearers from their republican habits ; there was but a small portion of the people present, and who had no authority to speak for the whole western country ; at the same time he advised the calling a larger meeting, co-extensive with the survey, before any important step should be taken. He advised the sending in the meanwhile a delegation to the Executive, on the subject of what had been rashly and illegally done. He proposed to undertake this mission him self, as one of such delegation, although greatly inconvenient to him, and disagreeable at that season to undertake the journey.

This impromptu effort, which has not been given, but only described, was attended with remarkable results. It was followed by a deep silence for some time, and no one rising to speak, the meeting spontaneously broke up ; some went to the spring, as if to drink, others separated into knots, in close and grave consultation. In the meantime Mr. Brackenridge col lected his companions and advised them to leave the ground without delay, to avoid the danger of being again called on by the meeting ; but in order to avoid the appearance of retiring in haste, he returned to the ground to show himself for a few moments, and then joined his company and departed. After this the meeting again convened, but

MB. BRACKENRIDGE'S SPEECH. 65

nothing further was done than to act on the suggestion of calling a meet ing co-extensive with the survey, and passing a resolution to that effect, to be published in the Pittsburgh Gazette*

It appears at a subsequent period that the speech of Mr. Brackenridge was unfavorably represented to the Executive by some friend or friends of the Inspector. It was stated that he had ridiculed the excise law, and had spoken disrespectfully of the President and Secretary at War.f It was fortunate for him that he was attended by persons who were ready and willing to vouch for his conduct. The affidavits of these persons, as will appear in the notes to this chapter, agree as to the general scope and the effect of the speech, although varying from each other on some unimpor tant particulars. The reader will see that it was one of these rare occa sions, where a popular speech is a reality, not to amuse by a holiday exhi bition, but to control the passions. The effect was to stop the ball of insur rection for the present, and to draw a line effectually between the guilty and those who feared to be drawn into treason against the government. The business was taken out of the hands of the mob led on by reckless men, and referred to a representation, a proceeding consonant to the habits and practice of the people ; and as the natural consequence, every one would be disposed to await the action of this higher authority emanating from themselves ; and here we see the great difference between the Amer ican republics and those revolutionary states whose peace is constantly at the mercy of some self-appointed chief or leader. Such delegations are so familiar to our democratic or republican habits, that we can scarcely ap- precia^ their importance, without comparing them with the furious, un reasoning mobs of other countries. It is impossible to foresee the pernicious effect of the vote proposed by Parkinson, and supported by Bradford, in case it had been sanctioned. The probability is, that the flame would have extended at once over the whole western counties. But for the subsequent conduct of Bradford, and his misguided associates, in causing

# " By a respectable number of citizens who met on Wednesday, the 23d inst., at the meeting house on Mingo Creek, it is recommended to the townships of the four western counties of Pennsylvania, and the neighboring counties of Virginia, to meet and choose not more than five, nor less than two representatives, to meet at Parkinson's Ferry on the Monongahela, on Thursday, the 14th of August next, to take into consideration the condition of the western country." 17th July, 1794.

f It is probable that this proceeded from Major Craig, who could not brook the jest of tearing down the paper on the new excise office in hot haste ! This, in his estimation, was a very serious offense against him, which he could not well afford to set-off against anything else.

66 WESTERN INSURRECTION.

the extraordinary assemblage of the people in arms at Braddock's Field, under a false pretext, and which may possibly have been projected before the meeting at Mingo Creek, the popular ebullition might have subsided, and the insurrectionary spirit died out of itself. In this case, the crim inal act of the destruction of Neville's house would have been a partial and isolated aft'air — a serious and deplorable riot, instead of the com mencement of an insurrection. The popular reflection of those at a dis tance from the scene, would have caused a reaction, and the local disturb ance would have been extinguished for want of fuel to keep it up. The respectable and intelligent part of the community, although opposed to the excise law, had no other idea than to seek for its repeal by legal means ; but it was impossible to ascertain in the first instance, what pro portion of the people was in favor of resorting to violent means ; and in this way many were swept along with the current which they could not resist.

The conduct of Bradford is best explained by the incidents related in the progress of this narrative. He was a vain, shallow man, with some talent for popular declamation, which in the present state of the public mind might be productive of mischief. Fortunately he had not the ca pacity to form any deep consistent plan, which looked beyond the present moment with a foresight of all consequences. It seemed to be his passion to ride on the popular wave, elated with popular applause, and at the same time fearful of popular displeasure.

The consequence to Mr. Brackenridge, besides the misrepresentation of his speech abroad, was a temporary loss of popularity, being at th^time a candidate for a seat in Congress, with almost a certainty of election. The participators in the criminal acts were enraged against him, and those re lieved from momentary embarrassment were not disposed to avow them selves in his favor. The practice of his profession had taught him the necessity of precaution, without which the most innocent may be in volved in the appearance of guilt. An energetic and fearless lawyer can not avoid making enemies in the discharge of his professional obligations. Mr. Brackenridge found such an enemy in one* of the Neville connection, which gave rise to a personal rencontre, and was probably the foundation of the difference between him and tho powerful Neville connection. The intelligent and disinterested did him justice, and acknowledged the impor tant services rendered by him to the country in this and other occasions in the course of the insurrection ; but partial affidavits were procured, containing gross misrepresentations, and transmitted to the government; * Major Kirkpatrick.

THE REAL GRIEVANCE. 67

but these were never made public, ;md consequently could not be contra dicted. It is certain that a most unfavorable impression was made against him in the minds of the President and some members of the Cabinet, afterward heightened and confirmed by those friends of the Nevilles who crossed the mountains j an impression which was not removed from the miud of Secretary Hamilton until his examination of that gentleman in person. For doing a laudable and patriotic act at the request Col. Neville, he was one time threatened with the loss of fortune, reputation and life. Nothing but his great abilities and moral courage could have extricated Mr. Brackenridge from the persecutions which afterward pursued him, and which were in preparation at the very moment he was hazarding everything in support of the government. It is not surprising that no means existed of contradicting these malignant machinations, when we consider that at that day the communication between the east and the west of the mountains was almost as difficult as at present between us and California. Why did not Col. Neville counteract these false impressions ? Men of stronger minds and loftier principles have yielded to the influence of family and of party ties.

The reflections of the reader may induce him to think that the mere circumstance of being required to pay a duty on their stills, is not suffi cient to account for the extraordinary degree of excitement and of passion which prevailed among these people. There was certainly a higher cause, already referred to, and one calculated to engender feelings which are entitled to much greater sympathy. The western people, with few exceptions, cultivated their own farms, and, as already stated, had no market for their produce until their grain was reduced in bulk by distil lation into whiskey. Those farms were seldom worth more than from three hundred to one thousand dollars; thus, when delinquents, on account of the scarcity of money, were unable to pay their duties, they were exposed to suits in the Federal court at Philadelphia, which subjected thenTto an expense equal to the value of their homesteads. This will explain the earnestness on the subject of the return of the writs by the Marshal, and the expression of David Hamilton, " that it was better that one man should die, than so many men should lose their plantations." Their homes, the homes of their wives and children, were in jeopardy. Can we be sur prised at this feeling, which we liave seen and respected even among the Florida Indians, among the squatters of the West, and the settlers of Wyoming ? A cause penetrated by these considerations, presented a very different character from that of mere opposition to an excise on whiskey; and it is beyond question, that the immediate cause of the outbreak was

68 WESTERN INSURRECTION.

the service of process on Miller, the neighbor and relative of Neville. This cause of complaint, so uniformly overlooked by those who have written accounts of the Western Insurrection, was ever prominent in their minds. The outcry of taking men to a great distance from their vicinage, is of traditional aggravation with the Anglo-American, and is as old, at least, as Magna Charta. It forms a most prominent item in our Declara tion of Independence, and while many of the grievances of the excise law had been redressed in consequence of remonstrances, this — the greatest of them all, and which should first have claimed attention — was disregarded, until the last moment. An act of Congress had at length been passed, as we have seen, authorizing the State courts to take cognizance of the matter, but for some unaccountable reason it was not carried into effect, but the proceedings against distillers commenced in Philadelphia, as usual.

NOTES TO CHAFER III.

AFFIDAVITS OF PERSONS WHO ACCOM PANIED MR. BRACKENRIDGE AT THE MINGO MEETING.

Allegheny County, ss.

again solicited to go, and absolutely re fused. Referred them to Josiah Tanne- hill,. whom the deponent thought might go, provided he could get a horse. Col. Neville replied, he should not want a horse.

Before me, Alexander Addison, Judge if that was all. The deponent says that of the District Courts, personally ap- he understood at the time from the con-

peared, &c. Adamson Tannehill, &c. Extract, Appendix to "Incidents," p. 70, &c.

versation that passed, that Col. Neville was apprised of that meeting, from the anxiety he appeared to have that some

"That on the morning of the meeting person should go with Mr. Brackenridge. of the Mingo Creek meeting-house, Hugh ! It was at length agreed that Josiah Tan- Henry Brackenridge, Esq. called on this nehill and George Robinson should go,

deponent, and asked him if he would ac company him there, as he wished some person with him who might be an evi dence of his conduct. The deponent de-

who the deponent believes did."

Extract from the Affidavit of Peter Audrain.

clined, alleging that the rioters who had , "This deponent, the morning of the burnt General Neville's house might ten- meeting at Mingo Creek, was requested der an oath, or something of the kind, by Mr. Brackenridge to accompany him to support them in what had been done ; to that meeting ; hesitating very much, went away, returned a short time after- but afterward seeing Col. Neville, was ward to Mr. Brackenridge's house, and prevailed upon to go. found him and Col. Presley Neville in "At that meeting, Mr. Brackenridge, conversation on the same subject. Was at the beginning of a speech he made on

AFFIDAVITS RESPECTING MR. BRACKENRIDGE.

69

that occasion, said that those concerned ; in burning of Gen. Neville's house were , guilty of treason; he powerfully opposed and luckily defeated the resolution which was to support the brave fellows who had attended at the burning Gen. Neville's house ; he advised to try by every pos sible means to make peace with the gov ernment, and get an act of oblivion, and offered to go himself to Philadelphia, if it was agreeable to the people. The turn he gave to the business, saved us from the most delicate situation that this deponent ever thought himself in ; being apprehensive that if the question had been put, and we had voted against it, we would have been in personal danger, and voting for it would have involved us in a crime. After the speech of Mr. Brackenridge, there was a long silence, and most of the people went out. This deponent went out with the other per sons of Pittsburgh; and shortly after, on the suggestion of Mr. Brackenridge that some other delicate questions might be brought forward, it was judged best to get off as speedily as possible. We went away, and Mr. Brackenridge with us, as unobservedly as we could. We came to the house, about half a mile, where we had left our horses, which had taken up an hour or more ; it was sug gested by some one present, that we had come off abruptly, and that a bad con struction might be put upon it, that we had been there as spies, it would be well for Mr. Brackenridge, at least, just to go back, and take leave ; which he did, and returned to us in as short a time as was necessary to go and come back. At that meeting, the deponent did not see Mr. Brackenridge having private conversation with Marshall or Bradford, nor does he think it probable that he could have any, from the shortness of the time we were there before the opening of the meet ing."

Deposition of Josiah TannehilL "That this deponent accompanied Mr. Brackenridge to the meeting at Mingo Creek, at the request of Mr. Bracken ridge, who was going, as this deponent understood, at the request of Col. P. Neville. Mr. Brackenridge, when he requested this deponent to go, said that he wished persons to go that were capa ble to take notice, and give information of what was said or done.

"Early in the morning, an inflamma tory speech was delivered by Mr. Brad ford to induce the people to pledge them selves to support what had been done at Gen. Neville's house, which Mr. Bracken ridge opposed by art and force af reason ing, and finally baffled the proposition.

"This deponent can say on this occa sion, and on every other within his know ledge, that Mr. Brackenridge, to the best of his judgment, acted a part favorable to the repressing the disorder of the time, and restoring order and good gov ernment."

Affidavit of Isaac Gregg. "That about the 27th of July last,, being at Mr. Brackenridge's house, this deponent heard him say (in conversation respecting the attack on Gen. Neville's house, which was a few days previous to that time,) that it was a very rash piece of business, and that he conceived the people to be mad, or words to that effect, and that it would be attended with serious consequences to them, as the government could not overlook it, but must take it up."

Extract of a letter from the Hon. James Ross, U. S. Senator, in answer to Mr. Brackenridge :

"I lived in Washington at the time Gen. Neville's house was destroyed, and during the time of the late disturbances. On the return of the Washington gentle-

6

70

WESTERN INSURRECTION.

men from the Mingo Creek meeting, I understood from them that a proposal had been made in the meeting, that those guilty of the outrage should be supported by force against all attempts to punish them, and that this had been •warmly advocated by some of our Washington people ; but that you were of a different opinion, and had stated that in all prob ability the government would be induced to forgive it, and that a combination of this sort would involve the whole country, and oblige government to take notice of those who had transgressed. This meeting ended 'by a proposal to have a more general one, from the four counties west of the i mountains in Pennsylvania, and as I understood, the western counties of Vir ginia."

Affidavit of John M 'Donald. " At the time of Marshal Lenox being at Pittsburgh, about the 13th or 14th of July last, being a few days before the attack on Gen. Neville's house, I was in the office of Mr. Brackenridge, on some business with him ; was asked by him about the constitution of the Mingo Creek society, and laughing at some parts of it, he asked what could put it into the people's heads to form such a one ; I said the people had all been running wild, and talked of taking Neville prisoner and burning Pittsburgh ; and this forming the society was thought of by some persons to turn the people to remonstrating and petitioning, and giving them something to do that .way to keep them quiet. Mr. Brackenridge asked what could put it in their heads to think of burning Pitts burgh ? I said I did not know, but they have talked of it. I am of opinion that at the time of the march to Pittsburgh there was great danger. I was at the Miu- go Creek meeting-house, and numbers of people were dissatisfied with Mr. Brack- earidge's speech there, as it appeared he

was unwilling to support what was done, and supposed to be on the side of the govern- merit."

Q^" Note on the above by Mr. Brack enridge : " After the burning of Neville's house, I had mentioned this information of M'Donald as a matter I thought nothing of at the time, but as a proof that the house was in danger. It has been the ground of a calumny, that I had a previous knowledge of the attack on the house."

Affidavit of George Robinson, (Chief Burgess.)

"That at the request of Mr. Bracken ridge, he went to the meeting at Mingo Creek. Mr. Brackenridge informed him that it was at the request of Col. Presley Neville that he himself was going. Mr. Brackenridge said he wished this depo nent to go, as being a public officer, the chief burgess of the town, as he wished to have some persons to bear testimony of his conduct, as the situation might be delicate. This deponent found the situa tion delicate enough, when a motion was brought forward to support what had been done at burning Gen. Neville's house, and which was warmly supported. This deponent being much alarmed at the time, lest the question should be put on this account, that by voting in the af firmative we should be drawn in as 'ac complices, and by voting against it we might be in personal danger. After an inflammatory speech by a certain person, there was a silence for some time. Du ring this time the deponent was in great anxiety lest the question should be put, when Mr. Brackenridge addressed the meeting in a speech of some length, and as it appeared, with great anxiety of mind. The speech, in the opinion of this deponent, appeared to be calculated to parry the question. He informed them that we were not delegated by the town

MR. BRACKENRIDGE S SPEECH.

71

to do any act for them, and therefore if we gave any vote, it could only be as in dividuals; that as an individual he would give his opinion. Here Mr. Brackenridge explained the nature and consequences of what had been done ; he plainly told them that all concerned were guilty of treason, that it would be better not to draw any more in, as they could be of more use as mediators with the government than as accomplices ; that the well known lenity of the Presi dent of the United States gave reason to suppose that an accommodation might be brought about before he would pro ceed to extremities ; that the present meeting was but an inconsiderable part of the four counties ; that a large meeting might be called by delegates regularly appointed, and that commissioners might be sent to the President in order to bring about an accommodation; that though it would not be convenient for him to go at that time, yet, if such a measure was adopted, he was willing to go and to ren der any service in his power. This de ponent does not recollect particularly, but has some recollection of Mr. Brack enridge mentioning that the damage done must be repaired.

"After Mr. Brackenridge closed his speech, there appeared to be an adjourn ment without a motion made for that purpose. During the interval, Mr. Brack enridge urged us to get off as unobserv- edly as possible, lest we should be drawn further in. During the time that we were out there was a good deal of mur muring among the people, and this depo nent sup poses this had gien Mr. Brack enridge apprehensions, and he has inform ed the deponent since that it was that which alarmed him. We went away on this, and Mr. Brackenridge slipped after us. As we crossed a small run a short distance from the meeting-house, we were called after by some persons to come

i>ack ; but we hurried off as fast as pos sible to the house where we had left our tiorses. While there it was suggested by some of the company that as we had come off so abruptly, it might be well if Mr. Brackenridge or some one should re turn and make some excuse. Mr. Brack enridge took his horse, and said he would ride over and make some excuse. He rode over and came back in a very short time, so that we wondered he could have been there and come back, and said he had found them just breaking up. In our way home mentioning to Mr. Bracken ridge the fortunate escape we had made, he made use of this expression, 'he had never been in so delicate a situation be fore in his life.' The deponent has been present at other meetings since in the town of Pittsburgh, and heard Mr. Brack- enridge's sentiments on various occa sions, and observed his conduct, and can say to the best of his knowledge, that with respect to the people that were expelled from the town, and every thing else that was done, he acted from no selfish motive of resentment, or disposi tion to hurt any man ; but from motives of policy, to moderate matters and pre vent mischief; and this deponent knows this to be the general sentiment of the people of Pittsburgh, and they consider themselves indebted to his policy in a great degree for the safety of the town in the affair of Braddock's Field, when we were led to apprehend plunder and destruction from the fury of the people that had met there."

Statement of Col. William Sample. "gIR — At your request, I shall give you a short detail of the circumstances leading to, and of the principal traits of your conduct at Mingo meeting-house. I remember that it was the general opin ion of the inhabitants of Pittsburgh, that it would be prudent that a number

72

WESTERN INSURRECTION.

of persons should be sent from this place, to meet those who were collecting from various parts of the country. No instructions, to my knowledge, were given to those who went. But I under stood the general purport of our going there was to hear and report. You asked me if I would make one of the number that would go. I hesitated for some time, and until I asked the opinion of Col. Presley Neville, which was, ' I see no harm in your going there if you choose to venture, and if you do, I will thank you to carry a letter for me to the chair man of the committee, contradicting some false aspersions which have been industriously circulated, respecting the Marshal and myself being released upon our words of honor to hold ourselves as prisoners on demand that night my father's house was burned.' I accepted the office and came back to you, and told you I would go. When we arrived at Jacob Friggley's house, near the meet ing-house, in the course of various con versations, a tall man there, with red hair, frequently expressed a warmth of affection for Presley Neville ; seemingly commiserated his situation, and took some credit to himself in rescuing him when he was made prisoner the night aforesaid; but at the same time was still making some sarcastic observations on his father. I found the temper of the people was wound up to a very high pitch, and I took this favorable oppor tunity of delivering Col. Neville's letter to him, after finding his name was Par kinson, and that he had considerable in fluence; telling him that the Colonel had desired me to deliver this le#er to him in case I should find him, and requested he would deliver it to the chairman. He readily took it, and it was the first thing brought on the carpet at the meeting. The secretary read the letter, but no observations followed. After some silence

a person stood up and made a motion, that the burning of Gen. Neville's house, and those concerned in it, should be justi fied and supported. I could observe the people of the meeting considerably agi tated. Col. Marshall, of Washington, was the first who ventured to oppose this motion ; and he appeared to do so both with fear and trembling. After this speech was over, David Bradford arose, and beckoned to Benjamin Parkinson, (as Capt. Josiah Tannehill informed, who had mixed with the crowd and happened to sit down on the forms close by him,) asked him if the relation Col. Neville had given in his letter was true. To which question Parkinson answered, put ting his hand to his breast, it is true. Mr. Bradford then dropping the subject of the letter, began a most violent and inflammatory oration in support of the first motion. I observed Mr. Bracken- ridge in the course of this oration, who being seated at the west end of the church, and opposite to the principal part of the Pittsburghers, who had seated themselves at the east corner by them selves, in great agitation, often throwing his head down on his hand and in the attitude of study. At length Mr. Brad ford's speech being ended, Mr. Bracken- ridge advanced nearly to the middle of the house, and opposite the chairman, and began his speech, slowly and ir regularly; for the current of the people's prejudices seemed to be strongly against him. He first opened the reasons why the few persons from Pittsburgh came there; that they were not instructed; nor had they delegated powers to agree or to disagree on any proposition that might be made, they came only to hear and report. He took various methods of diverting the audience from the speech that preceded his. Sometimes he would give a sarcastical stroke at the excise, and the inventors of it, and then tell

MR. BRACKENRIDGE'S SPEECH.

73

some droll story thereto relating; in order as I apprehend, to unbend the audience's minds from the serious tone to which they had been wrought up. He viewed the subject before him in various lights ; and then entered warmly on his main argument, which was to dissuade the audience from the first proposition. He told them in direct words, 'that he hoped they would not involve the whole country in a crime which could not be called by less name than high treason ; that this would certainly bring down the resent ment of the general government, and there would be none left to intercede.'

" The audience seemed petrified, thun derstruck with such observations ; and when he had done, not a person seemed desirous of renewing the arguments. Silence ensued for some time and then the company broke up, and some went to drink at the spring, and others in little knots or clubs were dispersed over the green. Those who came from Pitts burgh, finding that the audience was to be called to the church once more, took this opportunity to make the best of their way to Jacob Friggley's. The com pany met again, but I know not that they did any business of consequence; for Mr. Brackenridge was soon with us, and we took our horses and returned to Pittsburgh.

WILLIAM SEMPLE.

Pittsburgh, 20th Sept. 1795."

Extract from the Affidavit of William Beaumont.

11 That the deponent was one of those who accompanied Mr. Brackenridge to the meeting at Mingo Creek ; that it was at the request of Mr. Brackenridge that he went, in order to vouch for his con duct on that occasion, and bear testi mony of what should be said or done by him, considering the ' situation as deli cate.

"This deponent found the situation sufficiently delicate ; and on a motion be ing brought forward early in the meeting and strongly supported, this deponent was greatly alarmed, being apprehensive of being brought to vote on a question of that nature, which was to pledge our selves to support what had been done ; which, as this deponent understood, was the violence and outrage that had just taken place. This deponent was alarmed, because to go away might expose to insult and personal danger, as he under stood the people of Pittsburgh were con sidered in an unfavorable light by the people of the country ; and to vote against the question would be equally dangerous, or more so ; and to vote for it this deponent could not think of, as it would involve in criminality.

" In a speech of considerable length made by Mr. Brackenridge at this junc ture, he appeared to have the same im pressions ; and with all the art and ad dress that was in his power, wished to parry the question without rendering himself obnoxious to the multitude. The observations made by Mr. Bracken ridge in the course of the speech, were, as nearly as this deponent recollected, to the following effect : those first made were of a nature to conciliate them (the persons present,) to the people of Pitts burgh, that they (the people of Pitts burgh, ) were not abettors of the excise more than other people, nor did they undertake to support excise officers more than other people ; they left these mat ters to the government. But at the same time it was a very different matter not to support, and to oppose ; that be this as it might, we did not come as delegates from the town, but as individuals, and it would be no use for us to join in such a proposition, for it would not bind, as we represented nobody. That he, Mr. Brackenridge, had no objection to give

WESTERN INSURRECTION.

his opinion on these matters ; that what was done would be construed treason; it might be morally right, but it was le gally wrong, and would subject those concerned to punishment, unless they had force enough to support an opposi tion to the laws ; the matter must termi nate in a revolution or a rebellion ; if they bad not strength to make it a revo lution, it must be a rebellion : that that part of the country was but a small part to undertake such an object; that they had not even the four western counties, or neighboring counties of Pennsylvania, nor the three counties of Virginia, nor Kentucky, if that could be of any use ; and that the undertaking afforded no rational prospect of success. That the case was not desperate ; an accommoda tion might be brought about with the government, and that it would be much better for those not involved to remain so, as they would have more weight in their representations as advocates, than if involved themselves ; and could with propriety come forward as a mediating party between the government and them. That there was reason to conceive that government would not be rash in taking vigorous measures ; that the militia must be drafted ; that there would be a re luctance in the militia of Pennsylvania to serve, and, perhaps, of the neighbor ing States ; that the President would reflect on this and be disposed to an accommodation; that taking into view the disposition of the President, from what we had seen in the case of the British spoliations, it was a natural con clusion that he would not wish to involve the country in a war ; and his conduct also in respect to the Indian tribes in treating with them to a degree that has been blamed where war has been thought better, gave reason to suppose that he would not be hasty in using vigorous measures in a case like the present ;

that the late instance of his lenity in the case of the Presq' Isle establishment, to which the letters of Cornplanter had put a stop, manifested the same thing. Here Mr. Brackenridge indulged some pleasan try on the apprehensions of government in this case, and created a laugh. In this and several parts of his speech, where Mr. Brackenridge indulged a vein of pleasantry and humor, this deponent saw through it, and thought it manifested a great degree of management and ad dress, to play with the fancy of the peo ple, and divert their attention from that intentness in having the proposition car ried, which he was endeavoring to pre vent. The result was, Mr. Brackenridge seemed to wish that all things should remain as they were, and be put in train of negotiation.

"Mr. Brackenridge' s speech ended, a pause ensued ; most of the members of the meeting left the meeting-house for a short period of time. On being desired to resume their seats, we thought it most prudent to retreat, Mr. Brackenridge telling us, 'we had better get off as soon as we can, or they will bring us into some other disagreeable predicament.' This deponent went with Mr. Bracken ridge, came away with him, had an op portunity