USA > Pennsylvania > Washington County > History of Washington County : from its first settlement to the present time, first under Virginia as Yohogania, Ohio, or Augusta County until 1781, and subsequently under Pennsylvania > Part 53
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General Morgan, however, remained during the winter with the twenty-five hundred soldiers under his command. In the spring they were discharged and all returned to their homes.
On the 5th of February, 1796, Congress passed an act providing for citizens who had suffered in their property by the insurgents of Western Pennsylvania, thereby demonstrating both the justice and merey of our government in upholding the government and pro- viding for the sufferer.
We shall now examine into the political status of Washington County during the pending of this insurrection.
As the inhabitants of the four western counties were in a state of insurrection on the second Tuesday of October, 1794, the day of the general election, the question arose in the legislature, upon its assembling, whether the members eleet were entitled to represent said counties. The case was referred to the consideration of a committee of the whole house. The following extraets from the minutes of the House of Representatives will explain themselves.
1794, Dec. 16. A motion was made by Mr. Kelly, seconded by Mr. Bar- ton, and read as follows, viz :-
WHEREAS, It is declared by the 5th section of the 9th article of the constitution of this commonwealth, as one of the great and essential prin- ciples of liberty and free government, that elections shall be free and equal ;
AND WHEREAS, A majority of the inhabitants of the counties of West-
* Upon the trial of the arrested persons two only were found guilty, one for arson for burning the collector's house, and the other for robbing the United States mail, who was sentenced to be hung, but the President pardoned them.
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moreland, Washington, Fayette, and Allegheny were in a state of insur- rection and opposition to the government and laws of this commonwealth on the second Tuesday in October last, the time appointed by the consti- tution for choosing representatives to the General Assembly of this State, to the terror of those who were friends to government and good order residing in the counties aforesaid ;
AND WHEREAS, It is directed by the constitution that each House shall judge of the qualifications of its members, therefore
Resolved, That the persons chosen at the last general election held for the counties of Westmoreland, Washington, Fayette, and Allegheny to represent said counties in the House of Representatives in this State, are not duly qualified for said office.
1794. Dec. 20. Agreeably to the order of the day the motion made by Mr. Kelly and seconded by Mr. Barton, December 16, relative to the ineli- gibility of the persons elected to represent the counties of Westmoreland, Washington, Fayette, and Allegheny in the House of Representatives was read the second time.
And the resolution contained therein being under consideration, viz :-
Resolved, That the persons chosen at the last general election held for the counties of Westmoreland, Washington, Fayette, and Allegheny to repre- sent the aforesaid counties in the House of Representatives in this State, are not duly qualified for said office.
A motion was made by Mr. Kelly, and seconded by Mr. Barton, to post- pone the consideration of said resolution in order to introduce the following in lieu thereof.
Resolved, That the elections held during the late insurrection in the counties of Westmoreland, Washington, Fayette, and Allegheny for mem- bers to represent said counties in this House, were unconstitutional and they are hereby declared void.
On the question, "Will the House agree to postpone for the purpose aforesaid ?" it was determined in the affirmative.
1795. January 9. On the question " Will the House agree to the fol- lowing resolution," viz :-
Resolved, That the legislature of this commonwealth will adjourn on Thursday next to meet again on the first Tuesday of February next.
It was determined in the negative-yeas 37, nays 38.
The House proceeded to consider the resolution on the subject of the elections held during the late insurrection in the counties of Westmoreland, Washington, Fayette, and Allegheny, reported by the committee of the whole yesterday.
A motion was made by Mr. Gallatin, seconded by Mr. Nagle, to post- pone the consideration of said resolution in order to introduce the following in lieu thereof :-
WHEREAS, it appears to this house, that during the month of July last the laws of the United States were opposed in the counties of Washington and Allegheny, in this State, and the execution of said laws obstructed by combinations too powerful to be suppressed by the ordinary course of law proceedings, or by the powers vested in the Marshal of that district; inas- much as several bodies of armed men did, at sundry times, assemble in the county of Allegheny aforesaid, and commit various acts of riot and arson, and more particularly attacked the house of John Neville, Esq., Inspector of the Revenue for the fourth survey of the district of Pennsylvania, and after firing upon and wounding sundry persons employed in protecting and defending the said house, set fire to it and totally destroyed the same.
That the spirit of opposition to the revenue law of the United States
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soon after pervaded other parts of the fourth survey of Pennsylvania (which consists of the counties of Westmoreland, Washington, Fayette, Allegheny, and Bedford), inasmuch as all the officers of inspection estab- lished therein were violently suppressed.
That commissioners, having been appointed respectively by the President of the United States, and by the Governor of this State, in order to induce the inhabitants of the fourth survey aforesaid to submit peaceably to the laws, the assurance of submission required of the inhabitants aforesaid by said commissioners were not so general as to justify an opinion that offices of inspection could have been safely established there on the 11th of September last past. And the said commissioners of the United States did give it as their opinion, that on the 16th of September last past there was a considerable majority of the inhabitants of the fourth survey afore- said who were disposed to submit to the execution of the laws; but that such was the state of things in the survey, that there was no probability that the revenue laws of Congress could at that time be enforced by the usual course of law ; so that a more competent force was necessary to cause the laws to be duly executed, and to insure protection to the officers and well-disposed citizens.
And that in consequence of that information it became necessary for the President of the United States to cause to be embodied a large number of the militia of the United States, and to order the same to march into the fourth survey aforesaid, in order to aid the civil authority in causing the laws to be duly executed, in re-establishing order and peace, and in affordiug protection to the officers and citizens.
AND WHEREAS it also appears to this house that a majority of the inhabi- tants of the fourth district survey aforesaid did not at any time enter into a general combination against the execution of the laws of the United States ;
That the meeting composed of delegates of the respective townships of the said survey never entered into any criminal resolution or combi- nation, but, on the contrary, contributed by degrees to restore peace and order ;
That no acts of violence were committed in the said survey after the 11th of September, 1794, nor did any combinations, meetings, or prepara- tions take place tending to oppose future resistance to the laws of the United States, and to the militia then on their march to the said survey ;
That from and after the 14th day of August last there was a gradual restoration and order of submission expressed by individual signatures or otherwise previous to the 16th of September aforesaid; by the answer of the grand jury of the county of Washington to the charge of the judge of the court for the said county, delivered at the September court, and by resolutions adopted by the committee of townships for the county of Fayette, on the 10th and 17th days of September, and by the resolutions adopted by the committee of townships for the counties of Westmoreland, Washington, Fayette, and Allegheny, on the 2d October last past, which resolutions expressed their disposition to submit to the laws of the United States, and to support the civil authority ; and their opinion that the peo- ple at large were disposed to do the same, as also by resolutions, adopted by the people of the county of Fayette, on the day of the date of the late general election, the object of which was to provide for the accommodation of the militia of the United States, then on their march to the fourth sur- vey aforesaid.
AND WHEREAS there are no proofs whatever before the house, either that the people of the fourth survey, or any of them, were in a state of insur-
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rection on the day of the late general election, nor that any unduc influ- ence was used, or acts of violence committed on said day in any of the counties composing the said survey, nor that the late insurrection, riots, and opposition to the laws of the United States had any effect upon the said late general election.
AND WHEREAS it is represented to this house, by the representatives of the counties composing the fourth survey aforesaid, that they are able to prove by evidence that the late general elections held in the said counties were fairly conducted, uninfluenced by fear or violence, and perfectly free and equal.
AND WHEREAS the house wish to have full information upon the facts, in order that they may thereupon take such constitutional measures as to them will appear best ---
Resolved, That in the opinion of this house it is proper for them to in- stitute an inquiry on the subject of late general elections, held in the counties of Westmoreland, Washington, Fayette, and Allegheny, in order to ascertain whether the inhabitants of said counties, or any of them, were in a state of insurrection at the time of holding the said elections, and whether the late insurrection in the fourth survey of Pennsylvania had any effect on the said elections in the said counties.
Resolved, That a committee be appointed to devise and report to this house a plan of the manner in which the said inquiry should be conducted, with power to summon evidences on the subject.
On the question "Will the house agree to postpone for the purpose aforesaid ?" it was determined in the negative.
The original question recurring, the previous question thereon was called for, and on the question being put, viz., "Shall the main question be now put," it was determined in the affirmative-yeas, 44; nays, 20.
Whereupon the eleven members of the counties of Westmoreland, Washington, Fayette, and Allegheny withdrew, and the main question, viz :-
" Resolved, That the elections, held during the late insurrection in the counties of Westmoreland, Washington, Fayette, and Allegheny, to repre- sent said counties in this house, were unconstitutional, and they are hereby declared void," being put, it was determined in the affirmative-yeas, 43; nays, 20.
As I have given extracts from the minutes of the House of Reprc- sentatives, I will now add those of the Senate on the same subject.
1795, January 2. Moved that the consideration of the following resolu- tion, which is the order of the day, viz :~-
Resolved, That the Senate will proceed to consider and determine whether the elections held in the districts composed of the counties of Allegheny, Washington, Westmoreland, and Fayette, during the insur- rection in those counties, ought to be admitted as constitutional and valid, be postponed, in order to take into consideration the following resolution, to wit :---
Resolved, That it is necessary for the Senate to inquire
Ist. Whether the Senate have any jurisdiction in the case of elections, and in what manner it can be exercised.
2d. Whether the inhabitants of the counties of Westmoreland, Wash- ington, Fayette, and Allegheny, or a majority of them, were in a state of insurrection at the time of holding the late general election (and if so), what was the nature of the same and its effects upon the said election ?
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And that - be assigned to hear evidence on the subject of said insurrection.
The question on postponing for said purpose was put and carried in the negative.
1795, January 3. The following resolution, as reported by the committee of the whole, viz :-
Resolved, That the elections of Senators held in the counties of Wash- ington, Allegheny, Westmoreland, and Fayette, during the late insurrec- tion, were not constitutional and, therefore, not valid, being under consi- deration-
It was moved the further consideration of the resolution be postponed in order to take the evidence of the State Commissioners, and to bring forward testimony of persons who were present at the election in West- moreland County. And the question on postponing for said purpose being put, was carried in the negative.
It was then moved that
WHEREAS, A resolution is now before the Senate which, if carried, will deprive the counties of Washington, Allegheny, Fayette, and Westmore- land, of any representation in the Senate of this Commonwealth; and whereas, it would be highly improper that a partial representation should legistate for the whole State, therefore
Resolved, That the Senate will, so soon as the said resolution is carried, adjourn to such time as will give the said four western counties an oppor- tunity of holding elections and returning members in the stead of those now deprived of their seats, if the House of Representatives shall con- cur in such adjournment.
The question being put, it passed in the negative.
The question being afterwards put on the following motion, viz :-
Resolved, That in taking the votes of the Senate on the resolution rela- tive to the validity of the elections from the four western counties, the clerk be directed not to call the names of the members of those counties, as their representative characters are involved in said resolution.
It passed in the affirmative.
And the original question, viz :---
Resolved, That the election of Senators held in the counties of Wash- ington, Allegheny, Westmoreland, and Fayette, during the late insurrec- tion, were not constitutional and, therefore, not valid, again recurring,
It passed in the affirmative.
Reasons of the vote of the subscribers on the question of the validity of the elections held in the counties of Westmoreland, Washington, Fayette, and Allegheny.
We are of opinion that the resolutions adopted by the Senate arc unjust, unconstitutional, and impolitic.
UNJUST.
Because the documents, upon which the decision is grounded, were not legal evidence, inasmuch as they consisted only of written, vague, hearsay and newspaper information, and it was in the power of the Senate to procure oral, direct, and positive evidence.
Because the documents produced to support the resolutions do not con- tain any facts, subsequent to the 15th day of September, which was near one month previous to the election ; nor does it appear by the said docu- ments, or by any of the alleged facts therein contained, either that all the four western counties ever were declared to be in a state of insurrec-
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HISTORY OF WASHINGTON COUNTY.
tion, or that the majority of the inhabitants thereof, ever were concerned in any insurrection, criminal combination, or illegal opposition, against the laws of the Union.
Because every act of the people, or any part of the people of the west- ern counties, subsequent to the 15th day of September, evinces a restor- ation of order and an universal determination to submit to the laws and to support the civil authority.
Because no testimony was adduced to prove that the spirit of the late insurrection had any effect on the elections, but on the contrary, the Sena- tors representing those counties offered to prove, by evidence, that the said elections were fairly conducted and perfectly free and equal.
Because the Senate, by a positive vote, refused to hear the evidence of the commissioners appointed by the State, to confer with citizens of the western country, and also the evidence of persons (known friends to order and good government) who were present at the election of one of the said counties. And
Because there was not a single act (that might be considered as a sign of insurrection, opposition, or combination) committed in two of the west- ern counties, which did not also take place in other counties of this State, and yet the counties of Westmoreland and Fayette are included in the decision of the Senate, while those others were not even hinted at.
UNCONSTITUTIONAL.
Because the Constitution expressly declares that contested elections shall be tried by a select committee, and not by the Senate, and expressly restrains the jurisdiction of either branch of the legislature, to judging the qualifications of their members. And
Because if this was not to be considered as a case of contested elections, it could only be a retrospective disfranchising act, an act which was expressly forbidden by that clause of the Constitution which declares that no ex post facto law shall be made, and which, if it could be enacted by any authority whatever, should have been the act of the legislature, and not of a single branch.
IMPOLITIC.
Because there was no apparent necessity for, or advantage resulting from the measure, but on the contrary, at a time when the inhabitants of the western country, who might have been deluded into criminal excesses, were brought to a sense of their duty, and when the whole body of the people of Pennsylvania had manifested their determination to support the laws and Constitution of the United States, we conceived it the duty of the legislature to conciliate and not inflame the minds of the citizens.
Because, by ordering special elections, in the middle of winter, and at a short notice, in a country the population of which is widely scattered, any change that may take place in the representation can only be the effect of a particular party, ever watchful to their own interest, and there is, therefore, a danger that the good citizens of the western counties may,. for the term of four years, be unfairly and partially represented. And
Because the Senate, having refused to adjourn until new elections shall have take place, laws passed whilst one-sixth part of the State is unrepre- sented, may not be thought binding by those citizens who had no share in the enacting of the same, and the measure will, at least, tend to diminish that respect and obedience to the laws and government which is so essen- tially necessary under the present circumstances, to encourage and. inculcate.
These, with many other, reasons have influenced our vote, and we trust
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we have discharged that duty which we owe to our country and our con- sciences, by voting and protesting against a measure which we think may be of the most pernicious and destructive consequences.
THOMAS JOHNSTON,
WILLIAM HEPBURNE, JOHN KEAN, GEORGE WILSON.
In a Philadelphia paper of February 16, 1795, is published a let- ler in which it is stated that the eleven members of the House, and the four Senators, who were deprived of their seats, have all been re-elected, except one Senator (Mr. Moore), who declined serving.
The members elected in pursuance of special writs of eleetion held in February, 1795, for members to fill vacancies in the House of Representatives caused by the expulsion of the members elected at the stated election held in October, 1794, were as follows, viz: Westmoreland County, Benjamin Lodge, George Smith, and Mi- chael Ruch; Washington County, William Wallace, Craig Ritchie, James Brice, and Benjamin White; Fayette County, Albert Galla- tin, John Cunningham ; Allegheny County, Pressley Neville and Dunning MeNair.
Senators : Westmoreland and Fayette, William Todd and Pressley Carr Lane; Washington and Allegheny, Thomas Stokely and Absa- lom Baird (re-elected).
Pertinent to this whole subject is the legal opinion of Judge Ad- dison, of Washington, Pennsylvania, delivered to the grand jury of Washington County on the necessity of submission to the excise law. In his preface the Judge says they were written at the time specified, and the man must be wise or insensible indeed, of whom the experience of seven years, in a period of most interesting novelty, varies no sentiment and corrects no judgment.
Judge Addison forwarded a copy of all his charges, published in Washington by John Colerick in 1800, to General Washington, and received in reply the following complimentary letter :-
MOUNT VERNON, March 4, 1799.
SIR : Your favor of the 30th of January, inclosing your charge to the grand juries of the county courts of the 5th Circuit of the State of Penn- sylvania, has been duly received, and for the inclosure I thank you.
I wish sincerely that your good example, in endeavoring to bring the people of these United States more acquainted with the laws and principles of their government was followed. They only require a proper understand- ing of these to judge rightly on all great national questions, but unfortu- nately, infinite more pains is taken to blind them by one description of men than there is to open their eyes by the other, which, in my opinion, is the source of most of the evils we labor under.
With very great respect I am, sir, Your most obedient servant, GEORGE WASHINGTON.
ALEXANDER ADDISON, Esq.
At the September session of the Court of Quarter Sessions for Washington County in the year 1794, Hon. Alexander Addison de-
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livered the following charge on the necessity of submission to the excise law :-
GENTLEMEN OF THE GRAND JURY :
The alarming and awful situation of this country at this time is too well known to require a statement. On the part of government we are now offered a forgiveness of all that is past, on condition that we sincerely sub- . mit to the excise law and all other laws. The question now is, whether we will submit to the terms proposed or not.
'The decision of this question is of such importance that I am sure it will receive a solemn consideration from every citizen of a sober mind. If we accept the terms we shall have peace; if we reject them, we shall have war. There is no medium between these extremes, for, in the present state of this country, it is impossible to expect from government a repeal of the excise law. Government is the whole people, acting by their representa- tives. The will of those representatives must not be extorted by force or fear; otherwise those who thus constrain them exercise a tyranny over the rest of the people. We are a little more than the seventieth part of the United States. We ought not, therefore, to pretend to dictate laws to the whole. But whatever portion we may be of the people, if one law is re- pealed, at the call of armed men, government is destroyed; no law will have any force; every law will be disobeyed in some part of the union. Government is therefore now compelled to enforce submission to this law or to none. The whole force of the United States must be exerted to sup- port its authority now, or the government of the United States must cease to exist. Submission or war, therefore, is the alternative.
War is so dreadful a calamity that nothing can justify its admission, but an evil against which no other remedy remains. That the colonies to re- lieve themselves from the tyranny of Britain should have roused to war, no man will wonder. They had to acquire the first principles of liberty, an equal voice in framing their laws. The same was the case of France. Its constitution was overthrown and one man had, by inheritance, acquired a power which he could transmit to his successor, of making laws for the whole nation. But our Constitution has already secured the most demo- cratic principles of representation. Our complaint is against the ordinary exercise of legislation. We have now more than a just proportion of repre- sentation-one Senator and three Representatives in Congress. To fill our just proportion we may choose whom we please. And we ought not yet to despair that in a legal manner we shall receive redress for every just com- plaint. The principles of liberty are completely established in our Consti- tution. Those principles are, that the will of a majority should control the few. We wish now for a liberty destructive of those principles which we formerly sought, and the French now fight to establish. Our complaint is, that the many have not yet repealed a law at the request of the few, and therefore we rashly propose war.
If we determine on war, look forward to the consequences. Either we shall defeat the United States, or the United States will subdue us. If the United States subdue us we shall at the end of the war be certainly not in a better situation than we are in at present. For the same necessity, the preservation of the authority of government, will exist for enforcing the law then which exists for enforcing it now. We shall be in a worse situation, for government will then be under no obligation to grant us the favorable terms which are now offered, but may exact punishment for past offences, penalties for past delinquencies, compensation for past damages, and reim- bursement of the expenses of the war. To these I might add the miseries
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