History of the County of Westmoreland, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent Men, Part 49

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" Several parties have turned out voluntarily to intercept the enemy if possible, and for the security of the frontiers, but as these are not regular Drafts, it is not to be expected they will remain out more than a few days. There is great reason to believe the Indians are of the Six Nations, and that the frontiers will of course continue to be constantly harrassed. By the best information, it appears that many, even of the frontier Inhabitants are destitute both of Arms and Ammunition, and that a supply at this place would prove extremely useful for the use of such as turn out on occasional Scouts.


" Waiting your pleasure and Direction in the premises, I remain your Excellency's


" Very Humble Servt.


" WM. JACK. " HIS EXCELLENCY THOMAS MIFFLIN, ESQUIRE."


For the Westmoreland Company to operate with Capt. Denny, John Sloan was captain, John Craig lieutenant, and James McComb ensign, by commission from the Governor. James McComb resigned, and Ste- phen Mehaffy was commissioned in his stead, on the recommendation of Charles Campbell, then brigad pector of Westmoreland.


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196 HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.


latter disturbance as in the former war were in great affliction and dread. There were some reprisals made, prisoners were taken, and children kidnapped even in the extreme lower end of Ligonier Valley, but such things were only possible at a time when they were not looked for. The inhabitants of Central and South- ern Westmoreland were comparatively safe, and were at peace sufficiently to countenance those who in Wash- ington and Fayette about this time were evading the payment of the excise on whiskey, and banding to- gether to tar and feather the collectors of the revenue. This civil commotion will be the subject of some suc- ceeding remarks.


CHAPTER XXXVII. THE WHISKEY INSURRECTION.


Excise-Hatred of the Scotch and Irish for the Law-Inequality of the Tax-Effort made by the State to Collect the State Excise in 175- " The Devil" comes for Collector Graham at Greensburg - Act of Congress levying a Tax on Distilled Spirits-Regulatione made for ita Collection-First Meeting in Opposition to the Law-Johnson, the Collector for Allegheny and Washington, tarred and feathered-No Place for Officers to be had in Westmoreland and Washington in 1792 -Office opened at Greensburg and abandoned-Meeting held at Pitts- burgh in 179%-President Washington issues a Proclamation-Wells, Collector for Fayette and Westmoreland, attacked in his House-He opeps an Office in Philip Reagan's House in 1794-His Son and Reagan fortify the Premises-They are besieged by a Large Party-They capit- ulate-Capt. Webster, Excise Officer for Somerset, taken and com- pelled to give up his Commission-Government Officers serve Process upon Delinquent Distillers-Neville and the Marsbal driven away after serving the Writ on one Miller, near Peters Creek-A Party de- mand the surrender of Neville's Papers-Neville's House defended by a Party of United States Soldiers, who Fire upon the Mob-Their Commander, Macfarlane, is killed-The Excitementincreases-Gather- ing of the Rabble and Militia at Braddock's Field-They want to attack and burn out the Government Officers and the Friends of Law-Brack- enridge prevails upon them to cross the River-The next Day they disperse-Volunteers and Regulars called out by the President-Com- missioners appointed to go to the Scene of the Trouble-The Army at Carlisle-Commissioners appointed by the Delegates at Parkinson's Terry confer with the President-Commissioners on both sides hold a Conference-Committees meet at Redstone-The Committee pass a re- solve to take the sense of the People on the question of submission to the Laws upon the Terms proposed by the United States Commis- doners-The Returns Unsatisfactory-The President orders the Army over the Mountains-Change in the Sentiments of the People-Meet- ings beld all over the Country -Report of the Meeting held at Greens- burg-Resolutions-The People subscribe anew to the Tests-The Army withdrawn-Trial of the Offenders-Effects of the Insurrection on Westmoreland-Biographical Sketches of Participants and Docu- ments bearing on the Insurrection.


THE sedition known in history as the Whiskey In- surrection in the four western counties is of such a universal character as to be precluded, in itself, from a local history, and the only business we have in con- sidering it is to localize it, touching upon the con- nection the people of Westmoreland had therewith. In attempting, however, to do so we must outline it, and notice its origin, its character, and its termina- tion. Of the four counties in which this sedition held its sway, the one which was the last in it, and was perhaps ultimately benefited the most, was ours.


Excise, so odious to the English people both on the islands and in America, differs from any other species of raising tax-money or revenue in this, that while direct tax is upon land and landed property, and tariff is an import duty exacted on foreign importa- tions, the excise is a specific form of taxation levied upon the products of domestic manufacture, and col- lected either at the place where the product is pro- duced or where it is first exposed on sale. Thus from necessity its collection demands a system of surveil- lance and of espionage on the labor and industries of the people, and it was considered among the peasantry of Scotland, long before the time of Burns, that to kill an exciseman was such a noble deed as would cover a multitude of sins.'


If the Scotch and Irish brought anything with them to this country, it was a hatred of the excise system of England. Brackenridge, under the guise of satire, has pointedly presented the cause of some of the political troubles which, towards the close of the last century, agitated Western Pennsylvania. He has summarized many instances where the antipathy against institutions of the mother-country are to be traced to their source in Britain herself. Thus the prejudice against the excise tax was a prejudice which had been engendered in Ireland and in Scotland, and which, through many causes, not only from oppres- sion, but from bigotry, ignorance, and obstinacy, drew the people along openly to resist the collection of the revenue.


This region, as we have noted, was specially adapted to the production of grain, and there was at that time nothing produced which was marketable but ginseng, beeswax, snake-root, and whiskey. It is true that some trappers on the Laurel Hill could, by living on mush and milk and bear-meat, get some- thing of a revenue from wolf-scalps, but what was marketable had to be taken over the mountains or two thousand miles down the rivers ._ The inequality of this excise tax was apparent. Judge Veech puts it thus : that while improved land in Westmoreland could be assessed at five dollars per acre, and in Lan- caster at fifty dollars per acre, a percentage of taxa- tion might be fair, but a tax of seven cents per gallon on whiskey made on Chartiers was one-fourth its value, while if made on the banks of the Brandywine it was perhaps less than one-eighth its value. Wil- liam Findley, a man of eminent sagacity, in a letter to Governor Mifflin in November, 1792, says plainly that the injustice of being obliged to pay as much excise out of two shillings, with difficulty procured, as other citizens better situated have to pay out of perhaps three times that sum, much easier obtained, comes home to the understanding of those who can- not comprehend theories.


Under the confederation the appropriation of Penn- sylvania for the allowance to the army, under an act


1 See Burns' poem, "The deil danced away wi' the Exciseman."


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of Congress of 1780, remaining unpaid, an effort was made about 1785 to collect some of the fund still re- maining unpaid out of her excise law of 1772. The execution of such laws had met with violent combi- nations among the inhabitants of neighboring States, and the Pennsylvania law met with great opposition, especially west of the Alleghenies, and there is no evidence that the excise law was ever paid in that section. The excise tax not being collected, gave occasion to the eastern part to grumble, for in June, 1785, a collector by the name of Graham was sent out. With much trouble he collected some in Fayette County, and a little in Westmoreland. But when he was in his hotel at Greensburg, in the darkness of the night, he was called to the door by a man in disguise, who stated to him that he was " Beelzebub, the Prince of Devils," and that he had called for him to hand him over to a legion of lesser devils who were outside awaiting. With some assistance he managed to es- cape their clutches. He tried to prosecute a man of the town, in whom he thought he recognized the " devil," but the man proved an alibi. Thence he passed over into Washington County, where he fared worse. His pistols were taken and broken in pieces before his face, his commission and papers were thrown in the mud and trampled upon, and he him- self forced to tread upon them. They clipped off the hair from the one side of his head, cut off the cockade of his hat, reversed it, shaved his horse's tail, and thus, in the midst of an increasing crowd, started him towards the county line. As they proceeded they called on all the still-bouses by the way and treated him gratis. On the border of Westmoreland he was allowed to go free, with many threats if he returned.


This State law was repealed, and the people scarcely looked for it again, but in 1791; Congress passed a law levying a tax of four pence per gallon on all dis- tilled spirits. The members from Western Pennsyl- vania-Smiley, from Fayette, and Findley, from Westmoreland-stoutly opposed it. They knew the feelings of their constituents in this matter. With them they had consulted, and they but expressed the unanimous sentiments of their people, and upon their return were heartily indorsed. Albert Gallatin, who was evidently impressed with the grievance, also op- posed it with all his influence. After the law was passed it was with some difficulty that any one could be found willing to accept the office of inspector in the western district, the measure was so unpopular.1


But suitable regulations were made to secure the collection of the revenue. The districts were appor- tioned, and inspectors appointed for each. The dis- tiller was to furnish at the nearest office a description of his buildings, which were always subject to exami- nation for the purpose of official visitation.


The first public meeting in opposition to the en-


forcement of the excise law was held at Redstone, July 27, 1791. Then and there it was agreed that county committees should meet at the county-seats of the four counties of Fayette, Allegheny, Westmore- land, and Washington. On the 23d of August the committee of Washington County passed some reso- lutions and published them in the Pittsburgh Gazette to the effect that


" Any person who had accepted or might accept an office under Con- grees, in order to carry the Inw into effect, should be considered inimical to the interests of the country."


It also recommended to the citizens of Washington County to treat every person accepting such office with contempt, and absolutely to refuse all kind of communication or intercourse with him, and to with- hold from him all aid, support, or comfort.


Delegates from the four counties met at Pittsburgh on the 7th of September, 1791, and passed severe reso- lutions against the law. The character of the men who countenanced these measures and who were at the head encouraged the rest, and from this mu- tual co-operation the uprising was spontaneous and general.


Benjamin Wells, of Fayette County, was the col- lector for the counties of Westmoreland and Fayette, and Robert Johnson, of Allegheny, for Washington and Allegheny. There was no inspector for either Westmoreland or Washington. Wells, according to the character given him by Addison, was a contempti- ble and unworthy man, whom the people of the county would not wish to see in any office of trust. Johnson was said to be an honest man, of inoffensive manner and good nature. Johnson's office was about nine miles southwest of Pittsburgh. Wells' office was at his residence, nearly opposite Connellsville, on the southern bank of the Youghiogheny. These were the only two offices prior to June, 1792.


On the 6th of September, 1791, a party armed and disguised waylaid Johnson near Pigeon Creek, in Washington County, tarred and feathered him, cut off his hair, and took away his horse, leaving him to travel on foot in that condition. The man sent by the marshal with process against the presumed offenders was seized, whipped, tarred, and feathered, his money and horse were taken from him, and he was blind- folded and tied in the woods, where he remained five hours.


In May, 1792, some material modification was made in the law. The rates were lowered a little, and dis- tillers were allowed to take and pay for monthly in- stead of yearly licenses, but the penalty for non-entry was raised from one hundred to two hundred and fifty dollars.


All efforts to get places for offices during the year 1792 in Westmoreland and Washington were unsuc- cessful. Wells undertook, in June, 1792, to have an office at Greensburg, and another at Uniontown. The one at Greensburg was soon abandoned, without much business having been done at it. Neither did


1 Act 3d March, 1791. The tax was reduced, and the terms consider- ably modified by the law to take effect with the fiscal year of 1794.


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HISTORY OF WESTMORELAND COUNTY, PENNSYLVANIA.


he attend at Uniontown, so the distillers, presuming that he did not mean business, after waiting for him, went home. For a while all was quiet in the "sur- vey," the name by which the district was known to the internal revenue department. Some distillers near the designated places for entering had of their own free will entered their stills, and some quit the business. But there being no offices in two of the largest counties of the survey, perhaps two-thirds of the distilleries were exempt from taxation. The people of the Washington County region who chose not to return their stills shipped their product off by way of the Ohio, but the Youghiogheny and Monon- gahela borders were under surveillance.1


On the 21st of August, 1792, a meeting composed of some of the most influential men of that day in all Western Pennsylvania was held at Pittsburgh, in which were passed resolutions in which they ex- pressed it to be their duty to persist in their remon- strance to Congress, and in any other legal measure to obstruct the operation of the law, and a committee of correspondence was appointed to correspond with other committees all through the different counties. On Sept. 15, 1792, President Washington issued his proclamation exhorting and admonishing all to de- sist and refrain from all unlawful combinations and proceedings tending to obstruct the laws.


The time for entering the stills was fixed for the month of June of each year. The month of entry for 1793 was approaching, and the question was to get offices and officers. The inspector gave notice on the 1st of June in the Gazette that offices for entries were opened at his own house; at the house of John- son, in Allegheny; at Benjamin Wells' house, in Fayette; and at Philip Reagan's house, in West- moreland. Secretary Hamilton, in his report, which has been the text for many historians, says that he was unable up to 1794 to establish any office in West- moreland and Washington, and it is to be inferred that Philip Reagan's house was not used till the time the officer sat there to enter the stills in the following year, 1794.


This man Wells stuck to his collectorship with as much pertinacity as the gentleman of the same name stuck to the destiny of the returning board down in Louisiana. He was publicly insulted and abused whenever he made his appearance, and even at times, while he was away from home, his family were an- noyed and exposed to bodily fear. In April, 1792, a party in disguise attacked his house in the night, he being away, and threatened, terrified, and abused his family. On the 22d of November they again at- tacked his house in the night, compelled him to sur- render his commission and books, and required him to publish 'a resignation of his office in the papers within two weeks, under penalty of having his house burned.


In June, 1794, John Wells, a son of Benjamin Wells, and deputy collector for Westmoreland, opened an office at a private house which he had secured pre- viously. This office was in the half-part of a double log house owned by Philip Reagan near the Big Sewickley. Wells put this branch office under the care of this son, John Wells, and Philip Reagan himself. These men appear to have been of some courage, and they knew full well the feeling of the community, and what might be expected. They there- fore converted the house into an old-time block-house, with port-holes and door and windows which could be closed. They also secured a number of men and a supply of arms. During the month of June they withstood several night attacks, one from a very numerous body of armed people. The party outside fired upon the house for some time, and the firing was vigorously returned from those inside. It is not known that any injury was done on either side. The besieging party then set fire to Reagan's barn, which they burned, and then they withdrew. In the course of a day or two one hundred and fifty men returned to renew the attack. The two parties parleyed for a while, when Reagan proposed to capitulate provided they gave him honorable terms and assurances that they would not molest his person or destroy his prop- erty. He promised to give up his commission and never again to act as exciseman. These stipulations were agreed to and put in writing. Reagan then came ont and treated them with a keg of whiskey. After some of them had got drunk they said that he had got off too easily, and that he should be set up as a target and shot at. Others were for giving him a coat of tar and feathers; but others saying that he should be allowed to go unmolested because he had behaved as a man, gave occasion for a fight which took place among themselves. After this it was proposed and carried that Reagan should be court- martialed, and that they should go right away to Benjamin Wells' office, in Fayette County, and catch him and try him and Reagan together. They then set out to accomplish what had been proposed, but when they arrived at Wells' house he was not there. They set fire to it and burned it to the ground with all its contents. They left a party to watch in am- bush till Wells returned, and then to capture him. During the night Reagan escaped, and Wells being very submissive and the potent effects of their de- bauch having passed away, they let him off.


The next attack was made on Capt. Webster, the excise officer for Somerset County, by a company of about one hundred and fifty men from Westmoreland. They took his commission from him, and made him promise never to act again as collector of excise. Taking him with them for a few miles, during which time he was submissive in the extreme, they made him, before releasing him, mount a stump and hur- rah three times for "Tom the Tinker." This term, Tom the Tinker, had come into popular use to desig-


1 Veech, Sec. History.


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nate opposition to the excise, and it was assumed by the insurgents themselves. Brackenridge traces its origin to a certain John Holcroft, who made the first application of it at the attack on William Coughran, whose still was cut to pieces. This was called mend- ing the still; the menders were tinkers, and the name in a collective sense became Tom the Tinker. Ad- vertisements threatening prominent individuals, ad- monishing or commanding them, and signed by Tom the Tinker, were put upon trees and in conspicuous places, and menacing letters were sent over the same signature to the Gazette, with threats against the per- son of the editors if they dared refuse to publish them. At Braddock's Field the exclamations were, "Are you a Tom the Tinker's man ?" and " Hurrah for Tom the Tinker."


The flame of this uprising spread with an infatua- tion almost incredible. For a time the voice of rea- son could not be heard, nor dared scarce be uttered.1 The minister was only orthodox who took the side of the people, the lawyer was only popular who de- fended the rabble when accused, and no man of prop- erty felt himself safe if he knew of the least suspicion against him. The populace at first were instigated by such men as Gallatin, Findley, Smiley, Bracken- ridge, Cook, Young, Cannon, and Ross, and then led by such as Bradford and Holcroft.


In June, 1794, the excise law was amended by Con- gress. The people, however, desired its absolute re- peal, and indeed demanded nothing short of it. It was therefore high time that the government should meet the sedition with some opposition. Indictments were found against a few as rioters, but they had the ablest lawyers at the bar of the Western circuit to defend them, and a jury who could not agree. At the same time process issued against a number of non- complying distillers in Fayette and Allegheny. The processes requiring the delinquent distillers to appear in court arrived in the West in mid-harvest. The Dis- trict Court was held at Philadelphia. The marshal executed his process in Fayette, and in Allegheny he ยท had served all but the last. In the company of Gen. Neville he went, on the 15th of July, 1794, to serve this writ on a distiller named Miller, near Peters Creek. This gave occasion for the first general out- break. The appearance of Neville, whose official position had made him particularly obnoxious, in- censed the men about the fields to such a degree that they, with arms in their hands, pursued the two men for a distance. One gun was fired, but with what intent is not known.


On the day when this occurred there was a military meeting at Mingo Creek for the purpose of drafting men to go against the Indians. This place was seven miles from the inspector's house. The report of the attack on the marshal and the inspector was carried to this meeting, and on the following day about thirty


men appeared before the marshal's house and de- manded the surrender of his papers. This was re- fused, and firing commenced. On a general discharge of guns from the negro quarters about the house, for they were all armed, some five or six of the in- surgents were wounded, one of them mortally. Upon this the news spread that the blood of a citizen had been shed in the cause of the people, and a call was made on all who valued their lives or their liberty to assemble at the Mingo Creek meeting-house. There- upon a large number assembled there. Three men among them were appointed to direct the expedition, and Maj. Macfarlane, an old Revolutionary officer, was chosen to command the armed force. A squad of United States soldiers had been sent out to protect Neville's house. The insurgents surrounded the house. Then a parley took place. They again de- manded the surrender of Neville and his commis- sions. But Neville was not there. The women and children were allowed to withdraw from the house, and when this was done. the firing began on both sides. When they had fired promiscuously for some time, Macfarlane, the commander of the insurgents, stepped out from behind a tree to confer with Maj. Kirkpatrick, who was in command of the regulars. He had no sooner done so than a ball struck him. He died immediately. The barn and the outhouses were set on fire, and Kirkpatrick and his men were allowed to retire.


The death of Macfarlane increased the excitement. The rabble could not go backward. The post-boy, carrying the United States mail, was waylaid by two men within a mile of Greensburg. The mail-bag was broken open and rifled of its contents. From the headquarters of the insurgents Bradford and others issued circular letters to the colonels of the several reg- iments, requesting them to assemble their commands at their place of rendezvous, fully equipped with arms, accoutrements, and provisions for four days. From here they were to march to Braddock's Field, so as to arrive there on Friday, the 1st of August. In many instances the order was promptly obeyed. Within three days a vast and excited crowd, numbering not far, as it is well reported, from sixteen thousand, was brought together. Many of the companies had arms. Some were there through inclination, some through fear and from necessity, some from curiosity. Brad- ford was chosen commander-in-chief, Edward Cook was one of the generals, and Col. Blakenay officer of the day. Bradford proposed to march for Pittsburgh, to take possession of the town, and wreak their ven- geance upon such of their enemies as Neville, Gibson, Brison. and Kirkpatrick. When it was seen that it would be useless to oppose such leadership, Cook and Brackenridge (who was along) assented, and urged them to go there by all means. The rabble could not well resist the directions of Brackenridge; he was possessed of wonderful tact and volubility, was one of the first lawyer in the State, and had defended




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