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In this decisive battle, the loss of the Americans, in killed and wounded, amounted to one hundred and seven, including officers. Among the dead was Captain Campbell, who commanded the cavalry, and Lieutenant Towles of the infantry, both of whom fell in the first charge. General Wayne bestowed great and well merited praise on the courage and alacrity displayed by every part of the army.

The hostility of the Indians still continuing, their whole country was laid waste, and forts were erected in the heart of their settlements, to prevent their return.

This seasonable victory rescued the United States from a general war with all the Indians northwest of the Ohio. The Six Nations had discovered a restless uneasy temper; and the interposition of the President, to prevent a settlement which Pennsylvania was about to make at Presqueisle, seemed rather to suspend the commencement of hostilities, than to establish permanent pacific dispositions among those tribes. The battle of the 20th of August, however, had an immediate effect; and the clouds which had been long gathering in that quarter, were instantly dissipated.

In the south too, its influence was felt. In that quarter, the inhabitants of Georgia and the Indians seemed equally disposed to war. Scarcely was the feeble authority of the government competent to restrain the aggressions of the former, or the dread of its force sufficient to repress those of the latter. In this doubtful state of things, the effect of a victory could not be inconsiderable.

About this time, the seditious and violent resistance to the execution of the law imposing duties on spirits distilled within the United States, had advanced to a point in the counties of Pennsylvania lying west of the Alleghany mountains, which required the decisive interposition of government.

Notwithstanding the multiplied outrages committed on the persons and property of the revenue officers, and of those who seemed willing to submit to the law, yet, in consequence of a steady adherence to the system of counteraction adopted by the Executive, it was visibly gaining ground, and several distillers in the disaffected country were induced to comply with its requisites. The opinion, that the persevering efforts of the administration would ultimately prevail, derived additional support from the passage of an act by the present congress, containing those provisions which had been suggested by the chief of the treasury department. The progress of this bill, which became a law on the fifth of June, could not have been unknown to the malcontents, nor could its probable operation have been misunderstood. They perceived that the

certain loss of a market for the article, added to the penalties to which delinquents were liable, might gradually induce a compliance on the part of distillers, unless they could, by a systematic and organized opposition, deprive the government of the means it employed for carrying the law into execution.

On the part of the Executive, this open defiance of the laws, and of the authority of the government, was believed imperiously to require, that the strength and efficacy of those laws should be tried. Against the perpetrators of some of the outrages which had been committed, bills of indictment had been found in a court of the United States, upon which process was directed to issue; and at the same time, process was also issued against a great number of non-complying distillers.

The marshal repaired in person to the country which was the scene of these disorders, for the purpose of serving the processes. On the 15th of July, while in the execution of his duty, he was beset on the road by a body of armed men, who fired on him, but fortunately did him no personal injury. At daybreak, the ensuing morning, a party attacked the house of General Nevil, the inspector; but he defended himself resolutely, and obliged the assailants to retreat.

Knowing well that this attack had been preconcerted, and apprehending that it would be repeated, he applied to the militia officers and magistrates of the county for protection. The answer was, that "owing to the too general combination of the people to oppose the revenue system, the laws could not be executed so as to afford him protection: that should the posse comitatus be ordered out to support the civil authority, they would favour the party of the rioters."

On the succeeding day, the insurgents re-assembled to the number of about five hundred, to renew their attack on the house of the inspector. That officer, finding that no protection could be afforded by the civil authority, had applied to the commanding officer at Fort Pitt, and had obtained a detachment of eleven men from that garrison, who were joined by Major Kirkpatrick. Successful resistance to so great a force being obviously impracticable, a parley took place, at which the assailants, after requiring that the inspector and all his papers should be delivered up, demanded that the party in the house should march out and ground their arms. This being refused, the parley terminated, and the assault commenced. The action lasted until the assailants set fire to several adjacent buildings, the heat from which was so intense that the house could no longer be occupied. From this cause, and from the apprehension

* The inspector had left the house and secreted himself. The demand of the papers was acceded to.

that the fire would soon be communicated to the main building, Majo Kirkpatrick and his party surrendered themselves.

The marshal and Colonel Pressly Nevil were seized on their way to General Nevil's house, and detained until two the next morning. The marshal, especially, was treated with extreme rudeness. His life was frequently threatened, and was probably saved by the interposition of some leading individuals who possessed more humanity, or more pru dence, than those with whom they were associated. He could obtain his liberty only by entering into a solemn engagement, which was guaranteed by Colonel Nevil, to serve no more process on the western side of the Alleghany mountains.

The marshal and inspector having both retired to Pittsburg, the insurgents deputed two of their body, one of whom was a justice of the peace, to demand that the former should surrender all his process, and that the latter should resign his office; threatening, in case of refusal, to attack the place, and seize their persons. These demands were not acceded to; but Pittsburg affording no security, these officers escaped from the danger which threatened them, by descending the Ohio; after which, they found their way by a circuitous route to the seat of government.

The perpetrators of these treasonable practices, being desirous to ascertain their strength, and to discover any latent enemies who might remain unsuspected in the bosom of the disaffected country, despatched a party which stopped the mail from Pittsburg to Philadelphia, cut it open, and took out the letters which it contained. In some of these letters, a direct disapprobation of the violent measures which had been adopted was avowed; and in others, expressions were used which indıcated unfriendly dispositions towards them. Upon acquiring this intelligence, delegates were deputed from the town of Washington to Pittsburg, where the writers of the offensive letters resided, to demand the banishment of the offenders. A prompt obedience to this demand was unavoidable; and the inhabitants of Pittsburg, who were convened on the occasion, engaged to attend a general meeting of the people, who were to assemble the next day in Braddock's field, in order to carry into effect such further measures as might be deemed adviscable with respect to the excise and its friends. They also determined to elect delegates to a convention which was to meet, on the 14th of August, at Parkinson's ferry. The avowed motives to these outrages were to compel the resignation of all officers engaged in the collection of the duties on distilled spirits; to withstand by force of arms the authority of the United States; and thereby to extort a repeal of the law imposing those duties, and an alteration in the conduct of government.

Affidavits attesting this serious state of things were laid before the President.

The opposition had now reached to a point which seemed to forbid the continuance of a temporizing system. The efforts at conciliation, which, for more than three years, the government had persisted to make, and the alterations repeatedly introduced into the act for the purpose of rendering it less exceptionable, instead of diminishing the arrogance of those who opposed their will to the sense of the nation, had drawn forth senti ments indicative of designs much deeper than the evasion of a single act. The execution of the laws had at length been resisted by open force, and a determination to persevere in these measures was unequivocally avowed. The alternative of subduing this resistance, or of submitting to it was presented to the government.

The act of congress which provided for calling forth the militia "to execute the laws of the union, suppress insurrections, and repel invasions," required as a pre-requisite to the exercise of this power, " that an associate justice, or the judge of the district, should certify that the laws of the United States were opposed, or their execution obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals." In the same act it was provided, "that if the militia of the state, where such combinations may happen, shall refuse, or be insufficient, to suppress the same, the President may employ the militia of other states."

The evidence which had been transmitted to the President was laid before one of the associate justices, who gave the certificate, which enabled the chief magistrate to employ the militia in aid of the civil

power.

The executive being now authorized to adopt such measures as the crisis might require, the subject was again seriously considered in the cabinet; and the governor of Pennsylvania was also consulted respecting it. To avoid military coercion, if obedience to the laws could be produced by other means, was the universal wish; and therefore, all concurred in advising the appointment of commissioners from the governments of both the union, and the state, who should warn the deluded insurgents of the impending danger, and should convey a full pardon for past offences, upon the condition of future submission. But, respecting ulterior and eventual measures, a difference of opinion prevailed. The act already mentioned, made it the duty of the President, previous to the employment of military force, to issue his proclamation, commanding the insurgents to disperse within a limited time. The secretary of state (and the governor of Pennsylvania is understood to have concurred with

him) was of opinion, that this conciliatory mission should be unaccompanied by any measure which might wear the appearance of coercion. He was alarmed at the strength of the insurgents, at their connexion with other parts of the country, at the extensiveness of the prevailing discontents with the administration, and at the difficulty and expense of bringing the militia into the field. The governor of Pennsylvania having declared his opinion, that the militia of that state, who could be drawn forth, would be incompetent to enforce obedience, the aid of the neighbouring states would consequently be necessary. The secretary of state feared that the militia of the neighbouring states would refuse to march; and that, should he be mistaken in this, their compliance with the orders of the executive might be not less fatal than their disobedience. The introduction of a foreign militia into Pennsylvania might greatly increase the discontents prevailing in that state. His apprehensions of a failure, in the attempt to restore tranquillity by coercive means, were extreme; and the tremendous consequences of a failure were strongly depicted, From the highly inflamed state of parties, he anticipated a civil war, which would pervade the whole union, and drench every part of it with the blood of American citizens.

The secretary of the treasury, the secretary of war, and the attorney general, were of opinion that the President was bound by the most high and solemn obligations to employ the force which the legislature had placed at his disposal, for the suppression of a criminal and unprovoked insurrection. The case contemplated by congress had clearly occurred; and the President was urged by considerations the most awful, to perform the duty imposed on him by the constitution, of providing "that the laws be faithfully executed." The long forbearance of government, and its patient endeavours to recall the deluded people to a sense of their duty and interest by appeals to their reason, had produced only increase of violence, and a more determined opposition. Perseverance in that system could only give a more extensive range to disaffection, and mul tiply the dangers resulting from it.

Those who were of opinion that the occasion demanded a full trial of the ability of the government to enforce obedience to the laws, were also of opinion, that policy and humanity equally dictated the employment of a force which would render resistance desperate. The insurgent country contained sixteen thousand men able to bear arms; and the compu. tation was, that they could bring seven thousand into the field. If the army of the government should amount to twelve thousand men, it would present an imposing force which the insurgents would not venture to

meet.

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