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The Popular Societies, the Excise, and the Whiskey Rebellion - Lance Banning, Liberty and Order: The First American Party Struggle [1787]

Edition used:

Liberty and Order: The First American Party Struggle, ed. and with a Preface by Lance Banning (Indianapolis: Liberty Fund, 2004).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


The Popular Societies, the Excise, and the Whiskey Rebellion

Beginning in Philadelphia in the spring of 1793, concurrently with Citizen Genet’s arrival in the country and inspired in part by the Jacobin societies in France, a score of popular societies sprang up in every portion of the country. Suspicion of the Federalists as well as friendship for France was one of their identifying features, and the excise tax on whiskey, which was provoking sharp resistance along the whole frontier, was one of their favorite targets.

By the summer of 1794, resistance to the excise had taken a violent turn in western Pennsylvania. On 7 August, President Washington issued a proclamation ordering the rebels to desist and mobilizing fifteen thousand militia from Virginia, Maryland, New Jersey, and Pennsylvania. When the trouble continued, the militia marched. Commanded by Virginia’s governor, Henry (“Light Horse Harry”) Lee, and with Hamilton along to act in place of the absent secretary at war, the militia suppressed the Whiskey Rebellion without an armed collision. Two captured insurgents were tried and convicted of treason. Washington pardoned them both.

Republicans very generally condemned the whiskey rebels’ violent opposition to the laws, and it was said that the Pennsylvania Democratic Society (the “mother club”) could have made a quorum in the army that suppressed them. The president, however, blamed the trouble partly on the agitation of the “self-created societies,” which he condemned in his annual message when the Fourth Congress convened. Led by Madison, who considered Washington’s message the worst mistake of his political career, Republicans in Congress jumped to the societies’ defense. Most of the societies disintegrated fairly rapidly in the face of the president’s condemnation, but they had played a notable part in popular political mobilization and in disputes about the proper role for ordinary people in political affairs.

The Democratic Society of Pennsylvania (Philadelphia) Principles, Articles, and Regulations 30 May 1793

The rights of man, the genuine objects of society, and the legitimate principles of government have been clearly developed by the successive Revolutions of America and France. Those events have withdrawn the veil which concealed the dignity and the happiness of the human race, and have taught us, no longer dazzled with adventitious splendor or awed by antiquated usurpation, to erect the Temple of liberty on the ruins of Palaces and Thrones.

At this propitious period, when the nature of freedom and equality is thus practically displayed, and when their value (best understood by those who have paid the price of acquiring them) is universally acknowledged, the patriotic mind will naturally be solicitous, by every proper precaution, to preserve and perpetuate the blessings which Providence hath bestowed upon our country: For, in reviewing the history of nations, we find occasion to lament that the vigilance of the people has been too easily absorbed in victory; and that the prize which has been achieved by the wisdom and valor of one generation has too often been lost by the ignorance and supineness of another.

With a view, therefore, to cultivate the just knowledge of rational liberty, to facilitate the enjoyment and exercise of our civil rights, and to transmit, unimpaired, to posterity, the glorious inheritance of a free Republican Government, the Democratic Society of Pennsylvania is constituted and established. Unfettered by religious or national distinctions, unbiased by party and unmoved by ambition, this institution embraces the interest and invites the support of every virtuous citizen. The public good is indeed its sole object, and we think that the best means are pursued for obtaining it when we recognize the following as the fundamental principles of our association.

I. That the people have the inherent and exclusive right and power of making and altering forms of government; and that for regulating and protecting our social interests, a Republican Government is the most natural and beneficial form which the wisdom of man has devised.

II. That the Republican Constitutions of the United States and of the State of Pennsylvania, being framed and established by the people, it is our duty as good citizens to support them. And in order effectually to do so, it [is] likewise the duty of every freeman to regard with attention and to discuss without fear the conduct of the public servants in every department of government.

III. That in considering the administration of public affairs, men and measures should be estimated according to their intrinsic merits; and therefore, regardless of party spirit or political connection, it is the duty of every citizen, by making the general welfare the rule of his conduct, to aid and approve those men and measures which have an influence in promoting the prosperity of the Commonwealth.

IV. That in the choice of persons to fill the offices of government, it is essential to the existence of a free Republic that every citizen should act according to his own judgment, and, therefore, any attempt to corrupt or delude the people in exercising the rights of suffrage, either by promising the favor of one candidate or traducing the character of another, is an offence equally injurious to moral rectitude and civil liberty.

V. That the People of Pennsylvania form but one indivisible community, whose political rights and interest, whose national honor and prosperity, must in degree and duration be forever the same; and, therefore it is the duty of every freeman and shall be the endeavor of the Democratic Society to remove the prejudices, to conciliate the affections, to enlighten the understanding, and to promote the happiness of all our fellow-citizens… .

Condemnations, Defenses, and Society Attacks on the Excise

“A Friend to Good Government” New York Daily Gazette 21 February 1794

Mr. M’Lean,

Upon reading the constitution of a society lately established in this city, entitled “The Democratic Society,” published in your paper yesterday, the following Queries struck me:

Is liberty in danger, either from the form or administration of the general government?

Or, is the government in danger from the excess of liberty?

Is America in so critical a situation as to require the aid of new councils?

Is it necessary we should be in a revolutionary state, and try new projects?

Do the people require intermediary guides betwixt them and the constituted authorities?

Or, are they weak and uninformed, after having performed wonders in legislation and arms—Is a restless society necessary to their preserving it?

Are the members who compose this society more virtuous or less ambitious than others?

Have they long given proofs of piety, patriotism, morality, and various other duties that characterize good citizens?

Are these people organizers, or disorganizers; are they federalists or anti-federalists?

Do they associate to electioneer to effect, or to prevent others from doing it?

Above all, Mr. Printer, I ask, Are they chosen by the people? If not, as I know no other authority, I shall hereafter regard them as self-creators, as a branch, perhaps, of the Jacobin Society of Paris.

“A Friend to Rational Government” New York Journal 22 February 1794

A member of the Democratic Society, in answer to the Querist in Mr. M’Lean’s paper of yesterday, informs him, That the old whigs in this city, observing of late the warm attachment of the old tories (who deserted their country, and joined their enemies, during her conflict with the British Dey) who are now enemies of our good allies, the French—I say, we, observing their attachment for measures and men in government that no patriot can approve of, suspect all is not right, and it behooves us, who purchased Liberty at the risque of life and fortune, to be on our watch. I hope this explanation will satisfy the Querist; if not, by calling at No. 244, Cooper-street, he may be further informed of the designs of the Society.

A Member

Republican Society of the Town of Newark (New Jersey) Newark Gazette 19 March 1794

Friends and Countrymen

It is not a strange matter to see the moneyed part of the people of America in general opposed to Republican Societies; the only reason is because a great many of them have crept into offices, and [are] jealous least too great a share of political knowledge should be diffused among the people and, of course, their conduct would be examined into, which they are doubtful will not stand the test, and of consequence they will be hurled from their easy situation; a change which they cannot think of undergoing while there is possibility of avoiding it. For this reason, they oppose the forming of Republican Societies, because it will have a tendency to enlighten the minds of the people.

The forming of Republican Societies has caused a great stir in many parts of America amongst the Tory part of the people; but in none more than it has in this place; the Tories and the nobility have joined their efforts to prevent the forming of a Republican Society in this town; but (to the praise of the Republicans be it spoken) they have not succeeded.

It must be the mechanics and farmers or the poorer class of people (as they are generally called) that must support the freedom of America; the freedom which they and their fathers purchased with their blood—the nobility will never do it—they will be always striving to get the reins of government into their own hands, and then they can ride the people at pleasure.

It stands the people in hand, who would keep up the spirit of freedom in America, to stir themselves up, lest while they are sleeping, the lamp of liberty goes out and they be left to grope in the dark land of despotism and oppression. Now is the time—every day you slumber gives strength to the enemies of freedom—they are waking while you are sleeping—trust not the enemies of the precious diadem—you have won in the field of battle, amidst blood and carnage to be the guardians of it.

It is said that we have a good constitution—let us know it well—let us see whether we have a good constitution or not; and if we have, let us see whether the administration is agreeable to it or not; if so let us endeavor to make each other as happy under such a constitution as possible, if it is a good constitution let us take care that neither ruler nor ruled infringe upon it!

A good constitution is like good wine, unless it is kept corked tight, it will degenerate. And it may be compared to a fountain, that if ever so pure, if the spouts are filthy, the streams will be corrupted. Let us therefore watch with attention and let us take great care that we do not pin our faith upon other men’s sleeves.

Address of the Democratic Society in Wythe County, Virginia, to the People of the United States Newark Gazette 18 June 1794

Fellow Citizens,

It is a right of the people peaceably to assemble and deliberate. It is a right of the people to publish their sentiments. These rights we exercise, and esteem invaluable.

A war raging in Europe, a war of tyrants against liberty, cannot be unfelt by the people of the United States—It has roused our feelings. We have rejoiced when victory followed the standard of liberty. When despots were successful, we have experienced the deepest anxiety.—We have lamented that our good wishes were the only aid we could give the French… .

While with anxious expectation we contemplate the affairs of Europe, it would be criminal to forget our own country. … A Session of Congress having just passed, the first in which the people were equally represented, it is a fit time to take a retrospective view of the proceedings of government. We have watched each motion of those in power, but are sorry we cannot exclaim, “well done thou good and faithful servant!” We have seen the nation insulted, our rights violated, our commerce ruined; and what has been the conduct of Government? Under the corrupt influence of the paper system, it has uniformly crouched to Britain, while on the contrary our allies the French, to whom we owe our political existence, have been treated unfriendly; denied any advantages from their treaties with us; their Minister abused; and those individuals among us who desired to aid their arms prosecuted as traitors. Blush Americans for the conduct of your government!!!

Citizens!

Shall we Americans, who have kindled the spark of liberty, stand aloof and see it extinguished when burning a bright flame in France, which hath caught it from us? Do you not see if despots prevail, you must have a despot like the rest of the nations? If all tyrants unite against free people, should not all free people unite against tyrants? Yes! Let us unite with France and stand or fall together.

We lament that a man who hath so long possessed the public confidence as the head of the Executive Department hath possessed it should put it to so severe a trial as he hath by a late appointment. The constitution hath been trampled on, and your rights have no security. Citizens! What is despotism? Is it not a union of executive, legislative, and judicial authorities to an executive office by the head of that branch of Government; in that capacity he is to make treaties: Those treaties are your supreme law?—and of this supreme law he is supreme Judge!!! What has become of your constitution & liberties?

Fellow Citizens,

We hope the misconduct of the executive may have proceeded from bad advice; but we can only look to the immediate cause of the mischief. To us, it seems a radical change of measures is necessary. How shall this be effected? Citizens it is to be effected by a change of men. Deny the continuance of our confidence to such members of the legislative body as have an interest distinct from that of the people. To trust yourselves to stock holders what is it but, like the Romans, to deliver the poor debtor to his creditor, as his absolute property. To trust yourselves to speculators, what is it, but to committ the lamb to the wolf to be devoured.

It was recommended by the conventions of some of the states so to amend the Constitution as to incapacitate any man to serve as President more than eight years successively. Consider well this experiment. ’Tis probably the most certain way to purge the different departments and produce a new state of things.

Believe us fellow citizens, the public welfare is our only motive.

William Neely, Chairman

Republican Society of Newark 9 June 1794

Resolved, as the opinion of this society that the raising a revenue by means of excise, except in cases of eminent necessity, is incompatible with the spirit of a free people. Insomuch as to make it productive, it would become necessary to throw open the sacred doors of domestic retirement and expose the persons of all ages and sex to the ferocious insolence of the lowest order of revenue officers, which would have a tendency either to debase the minds of the citizens and prepare them for slavery or excite disgust against the government and produce convulsions and the dissolution of society. Besides its being the most expensive mode of taxation is a sufficient reason for disapproving of it, experience having taught that the mode of raising a revenue by excise takes more money out of the pockets of the citizens and puts less into the public coffers than another—it having a tendency to corrupt the morals of the people, by opening another door to fraud and perjury, is in the opinion of this society an additional argument against the adoption of an excise system of revenue.

The Democratic Society of Philadelphia

Resolved, as the opinion of this society, that taxation by excise has ever been justly abhorred by free men; that it is a system attendant with numerous vexations, opens the door to manifold frauds, and is most expensive in its collection; It is also highly objectionable by the number of officers it renders necessary, ever ready to join in a firm phalanx to support government even in unwarrantable measures.

“For the Columbian Centinel,” Boston 27 September 1794

Every part of the conduct of our Genetines affords proof of their inconsistency and deceit; their conduct and their professions are at open variance in every instance. We call them Genetines rather than Jacobins or Democrats; it is more precisely descriptive, and there is a marked propriety in deriving their name from their patron and founder.

Those who pretend to superior virtue and patriotism ought, at least, to equal their more modest neighbors, who make no such professions, in a disinterested, consistent display of regard for the happiness of others and a willingness to share equally with them the burdens as well as the benefits of society. But our Genetines are as conspicuous for their endeavors to secure to themselves every office of honor and profit as they are for encroaching upon the rights of others. They are professed advocates for equality, but in all cases they assume rights to themselves which they deny to others.

The leaders of our Genetine Club were among the first who clamored at the institution of the Cincinnati, because they were self-created and had taken the liberty of an appropriate badge, a peculiar mark of distinction to themselves and their descendents. A desire to set up and retain this idle gewgaw of a Ribbon and a Goose must have originated in aristocratic principles, it was urged, and was conclusive proof of a lust of domination. Upon this ground, the members of the Cincinnati were held up and denounced as Aristocrats, men who meant to lord it over others and who were dangerous to the state.

But the Genetines are as unfounded and unknown to our constitution and laws as were the Cincinnati, and the object of their institution and the views and principles of their leaders are much more alarming and dangerous to society. The former were chargeable only with a foolish pride for an empty distinction, at the worst; but the latter assume the right of a papal inquisition to arraign before the public the men and the measures of the people, and exclusively and definitively to pass sentence upon them. They even go so far in their publications in the Chronicle and in their private discussions and votes as to style themselves the people and to criminate the President and other servants of the public as if they had been created to office by the voice of their Clubs alone. As well might a band of midnight robbers style themselves the people and seize upon the public treasure, under pretence of its being the people’s property. The band indeed would appear less criminal and dangerous before any tribunal than the Clubs; for the former will have robbed the community only of its wealth, but the latter destroy also its peace, its safety, and happiness… .

The Rebellion

Letter to General Lee from Alexander Addison

The excise tax of 1791 imposed significant hardships on farmers beyond the mountains. It was collectible in specie among a people who seldom saw much coin and who could export or barter their grain only by distilling it into a portable (and potable) form. Resistance was common along the whole frontier from Pennsylvania to Kentucky to North Carolina, fed by the revolutionary tradition of opposition to internal taxes, traditional Anglo-American hostility to intrusive revenue collectors (who had to travel around the countryside to measure the output of presses and stills), rising condemnations of the motives of the Federalist administration, and increasing western resentment of the lack of federal action to control the Indians or open the Mississippi River to American trade. Nowhere, though, was the resistance quite so fierce as in the western parts of Pennsylvania. As early as 21 August 1792, a convention of the western counties condemned the tax and advocated legal measures to impede its collection, leading Washington to issue a proclamation warning against illegal combinations. The trouble culminated in the summer of 1794 with intimidation of complying distillers as well as excise officers, an armed attack on the home of Inspector John Neville, a menacing assembly of perhaps six thousand armed militia near the town of Pittsburgh, Washington’s second proclamation, and the march across the mountains of the militia army under Hamilton and Henry Lee.

Contemporaries came to know the insurrection best from book-length histories by opponents of the excise: William Findley’s History of the Insurrection of the Four Western Counties of Pennsylvania (1796), and Hugh Henry Brackenridge’s Incidents of the Insurrection in the Western Parts of Pennsylvania (1795). A shorter, more immediate, less partisan account was prepared on 23 November 1794 by Alexander Addison, presiding judge of Pennsylvania’s fifth judicial district, in the form of a letter to General Lee. Addison was a Federalist, though an opponent of the excise. Direct enforcement of the tax had not been within his province as state judge for the western counties.

Sir,

You desired me to state to you my opinion of the late insurrection, the measures taken by government for its suppression, and the effects to be expected from those measures on the people of this country. I undertook to do so, at the same time cautioning you that you were to consider what I should say not so much as facts, or a solid system, as a mere opinion, though certainly a sincere one.

It is not uncommon to trace the origin of this unfortunate business to speculations on the subject of the excise law and on the administration of government in general, and to meetings and resolutions at various and distant times on these subjects; and these have not only been considered as having prepared the minds of the people of this country for the outrages which they afterwards committed, but as evidence of a deep and long formed plot, contrived by men who kept themselves out of view in its execution, to resist the excise system and the government itself, by violence.

Without undertaking to examine or contradict this opinion, I shall content myself with observing that I think it may well be said of it that, at least, more stress has been laid on it than it will bear.

In all countries, the introduction of the excise has been odious and its officers have been held contemptible. … Many now in the country talk of their having seen the riots and resistance against the excise in Ireland. In Ireland, the ordinary power of government seems incompetent to suppress riots, which have perpetual existence, from successive and varying causes. This country is in a great measure settled from Ireland. Being but a new settlement, and a frontier settlement, harassed by the danger, distress, and ravage of an Indian war, [it] did not consider itself, and was not considered, as a proper [object] for even equal taxation. Every frontier settlement at a distance from the seat of government … and in some degree composed of fugitives from justice, civil or criminal, must be supposed to be but little accustomed to the subordination [to] regular government. This natural untamedness of temper was increased by the peculiar circumstances of this country. The clashing jurisdictions of Virginia and Pennsylvania excited animosities in the minds of the advocates of each state, hardly yet healed by the mutual concessions of both, and an opposition to the government of Pennsylvania hardly yet overcome by the experience of its authority. The idea of a new state on this side of the mountains became so prevalent that an act of the Assembly declared it high treason to propose it. Under all these circumstances, an attempt was made to carry into execution the excise law of Pennsylvania. The officer, in his progress through Washington County, was seized by a number of rioters, collected from different quarters. His hair was cut off from one-half of his head. His papers were taken from him, and he was made to tear his commission and tread it under his feet. They then in a body, gathering size as it proceeded, conducted him out of the county with every possible mark of contumely to him and the government and threats of death if he returned. The same object, the removal of an excise officer from the country, was accomplished here as in the [case] of General Neville. If the violence and enormity was less, it was because more was not necessary to accomplish their object. If their madness had been excited by resistance, and if burning houses or even murder had then been necessary to suspend the operation of the law, I now believe they would have thought the crimes sanctioned by the cause. Yet there were then no men of great influence or passion for office or popularity who, for their selfish purposes, inflamed the minds of the people against the excise law; nor could the destruction of the federal government [have] been then in view; for the confederation was not interested in the law, and the Constitution of the United States did not then exist. The excise law of Pennsylvania continued, as to this county, to be a mere dead letter.

When the excise law of the United States came into operation, those people who, without reasoning and merely from prejudice, were its greatest enemies supposed that it possessed all the evils which they had ever heard ascribed to any excise law; and, without reflecting on the difference of circumstances, supposed its operation might be defeated by the same means by which they had defeated the operation of the excise law of Pennsylvania. Accordingly, they had recourse to riots, tarring and feathering, and carrying off papers. These things were done in Washington County and Fayette County. Unfortunately, the prosecutor for the state in Washington County was David Bradford, whose disposition inclined him to omit all prosecution of such offenses. In Fayette County, industry to collect testimony was wanting. The agents of the United States choose to bring all their complaints into the federal courts. The difficulties in the way of the marshall, a stranger in the country, were inevitably great. And there must have been an indisposition in the people of this country, hitherto accustomed to trials in all cases in their own counties, without evident necessity, to aid a jurisdiction which drew them for trial three hundred miles from home [in Philadelphia]. These circumstances contributed to impunity in delinquency and outrage; and impunity produced boldness and perseverance. Animated by their hatred to the law and their past experience of success, and wanting prudence to foresee the consequences, they imagined that they could compel the excise officer of the United States, as they had compelled the excise officer of Pennsylvania, to surrender his commission; and thus reduce the excise law of the United States, as they had reduced the excise law of Pennsylvania, as to them, to a dead letter. With this view they proceeded to General Neville’s to call for a surrender of his commission and papers; and, that they might accomplish all their objects at once as to past and future, a surrender also of the papers of the marshall. Probably they presumed their numbers sufficient to extort by fear alone, without actual force, a ready compliance. Irritated by refusal, resistance, and repulse, and too deeply engaged to retreat, in their frenzy they drew into their guilt all within reach of their terror and proceeded to the extremity of burning the house.

Yet here perhaps they might have stopped, and the rioters in this case, like the rioters in the case of the excise law of Pennsylvania, might have been prosecuted and convicted. But they unhappily mistook in their objects and their means and blindly rushed into measures that involved the whole country. Those subsequent measures I consider as really the insurrection of this country, and the authors of them, whoever they may be, as really the authors of this insurrection. From the ancient aversion of some to the government of Pennsylvania, perhaps some remains of the idea of a new state, which had long ago existed, yet continued to exist, in this country. Perhaps the distinction between a separation from the state and from the United States was not attended to. Perhaps even this last, a seizure of the western lands, a union with Kentucky, the navigation of the Mississippi, and a connection with Great Britain were thought of. Perhaps they never extended their reflections to any system or distant object, but acted from the blind impulse of the moment. Whatever might have been their ideas, measures were determined on which aimed at resistance to government in all its parts and open war. The public post was robbed of the mail, the militia of the country was called out for the purpose of seizing the garrison of Pittsburgh and possessing themselves of the arms and ammunition there. To obey this call many were compelled by fear, many were induced by usefulness in preventing mischief, many were seduced by wanton curiosity, and many were instigated by love of plunder and destruction. The appearance of their strength added ferocity to the ruffians, and a total contempt of the powers of the government and a general anarchy and confusion pervaded the whole country.

I shall here remark that none of those men whom I have heard considered as the distant and secret authors of those acts of violence seem to have been at all consulted in their contrivance or execution, or to have possessed any confidence of those who perpetrated them. All reprobated them, and one (I mean Mr. Gallatin) was the foremost at the public meetings to step forward to stem the torrent of popular rage, openly and at great peril to resist their mad delusions and, by arguments and eloquence the most ingenious and impressive, to expose to them the danger and effects of their conduct and the vanity and impracticability of their schemes. Whether any and what conclusion is to be drawn from this, I submit to you.

To quell the disturbances in this country and restore it to peace and government, the measures taken by the President were, in my opinion, the most prudent that could have been devised; and they seem to have been executed with a correspondent propriety and effect. The appointment of commissioners, by showing the awakened spirit of public exertion, gave a check to the spirit of revolution in this country and to the progress of disorder into other parts of the Union. A fair opportunity was given to men of sense and virtue here who, to guide the current, had seemed to run with it, to step out and change its course. And it gave a rallying point to all well-disposed men to flock to. The confidence arising from their supposed strength now began to abandon the violent; jealousy and distrust crept in among them; and the approach of an army far superior to all remaining ideas of resistance altogether broke their resolutions and, as it advanced, subdued their temper.

Previous to the advance of the army into the country, some attempts were made to stop its progress. At that time, the temper of the country was materially changed. The well disposed were recovering spirit and consistency; and they possessed the disposition, and they believed the strength, of gradually restoring energy to the laws and peace and subordination to the country. They knew the expense of maintaining the army was great, and, more than that, they regarded the labor and fatigue of their patriotic brethren, who, with the sacrifice of domestic interest and enjoyment, at the approach of an inclement season, had undertaken to traverse deep swamps and vast and rugged mountains to relieve them from anarchy and restore them to safety and peace. They blushed for an armed force entering their country to enforce submission to the laws. They feared also something for themselves; there were still among them disorderly men who talked wildly. These, without property to secure their attachment to the government or the country, unaccustomed to a regular industry, and trained to a rambling life, had the arms in their hands, were known and associated to each other, and could, without any sacrifice, remove to wherever they pleased. It was this kind of men that were the great terrors during all the troubles and now only remained to keep those troubles alive. The well disposed were more inclined to quiet, were not generally armed, and had as yet no complete system to bind them together. They believed that the turbulent would not then assemble, in any force, to oppose the army; but that, under the pretense of opposing the army, might plunder or destroy their fellow citizens and quit a country in which they could no longer remain. Some fears also existed, justly provoked as the army was, that it would not be possible to restrain all of them from some intemperate acts, which might provoke at least secret revenge and introduce general destruction. On all these grounds, representations were sent down to the President of the changed state of the country, and those who sent them were willing to give yet stronger assurances of sincerity and risk the peace of the country on its internal exertions. The propositions were honestly meant. Perhaps their rejection was wise. Consequences showed that it was. The army conducted itself with unexampled discipline and tenderness to an offending country and manifested a temper equaled only by the spirit which roused them in defense of the laws and constitution. The peace of the country and energy of the laws, which otherwise might have been the work of some time, were suddenly restored; and a precedent of the force of government and the danger of sedition has been set before the people of this country which, I trust, they will never forget and, I believe, will never need to be repeated.

Notwithstanding the settled malignity in the minds of several, perhaps many, individuals, considering the country in general, I believe there is a complete practical reformation produced among us.

Yet the plan of leaving part of the army for some months in this country appears to me a prudent one. Many of the turbulent spirits have fled from the settlement, thinking that their concealment would be but temporary and thinking that they might soon return without fear of punishment. But, as part of the army remains, they will be convinced that they must submit either to the laws or to permanent exile. And countenanced by this remainder of military force, not a hostile army, but a body of citizens armed to support the laws, the people of this country will acquire the habit of aiding and obeying public authority.

These are my sentiments. I may be mistaken, but I am sincere. This is a statement of opinions, not facts; and the opinions of different men on the same facts will vary from various circumstances. You will qualify my opinions by your own observations and the information of others.

“Self-Created Societies”

george washington Message to the Third Congress 19 November 1794

Fellow-citizens of the Senate, and of the House of Representatives:

When we call to mind the gracious indulgence of Heaven, by which the American people became a nation; when we survey the general prosperity of our country and look forward to the riches, power, and happiness to which it seems destined; with the deepest regret do I announce to you that, during your recess, some of the citizens of the United States have been found capable of an insurrection. It is due, however, to the character of our government, and to its stability, which cannot be shaken by the enemies of order, freely to unfold the course of this event.

During the session of the year one thousand seven hundred and ninety, it was expedient to exercise the legislative power granted by the Constitution of the United States “to lay and collect excises.” In a majority of the states, scarcely an objection was heard to this mode of taxation. In some, indeed, alarms were at first conceived, until they were banished by reason and patriotism. In the four western counties of Pennsylvania, a prejudice, fostered and embittered by the artifice of men who labored for an ascendency over the will of others, by the guidance of their passions, produced symptoms of riot and violence. It is well known that Congress did not hesitate to examine the complaints which were presented; and to relieve them, as far as justice dictated or general convenience would permit. But the impression which this moderation made on the discontented did not correspond with what it deserved. The arts of delusion were no longer confined to the efforts of designing individuals. The very forbearance to press prosecutions was misinterpreted into a fear of urging the execution of the laws; and associations of men began to denounce threats against the officers employed. From a belief that, by a more formal concert, their operation might be defeated, certain self-created societies assumed the tone of condemnation. Hence, while the greater part of Pennsylvania itself were conforming themselves to the acts of excise, a few counties were resolved to frustrate them. It was now perceived that every expectation from the tenderness which had been hitherto pursued was unavailing, and that further delay could only create an opinion of impotency or irresolution in the Government. Legal process was therefore delivered to the marshal against the rioters and delinquent distillers.

No sooner was he understood to be engaged in this duty than the vengeance of armed men was aimed at his person, and the person and property of the Inspector of the Revenue. They fired upon the marshal, arrested him, and detained him, for some time, as a prisoner. He was obliged, by the jeopardy of his life, to renounce the service of other process on the west side of the Allegany mountain; and a deputation was afterwards sent to him to demand a surrender of that which he had served. A numerous body repeatedly attacked the house of the Inspector, seized his papers of office, and finally destroyed by fire his buildings and whatsoever they contained. Both of these officers, from a just regard to their safety, fled to the Seat of Government, it being avowed that the motives to such outrages were to compel the resignation of the Inspector, to withstand by force of arms the authority of the United States, and thereby to extort a repeal of the laws of excise and an alteration in the conduct of Government.

Upon the testimony of these facts, an Associate Justice of the Supreme Court of the United States notified to me that “in the counties of Washington and Allegany, in Pennsylvania, laws of the United States were opposed and the execution thereof obstructed by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshal of that district.” On this call, momentous in the extreme, I sought and weighed what might best subdue the crisis. On the one hand, the judiciary was pronounced to be stripped of its capacity to enforce the laws; crimes which reached the very existence of social order were perpetuated without control; the friends of Government were insulted, abused, and overawed into silence, or an apparent acquiescence; and, to yield to the treasonable fury of so small a portion of the United States would be to violate the fundamental principle of our Constitution, which enjoins that the will of the majority shall prevail. On the other, to array citizen against citizen, to publish the dishonor of such excesses, to encounter the expense and other embarrassments of so distant an expedition, were steps too delicate, too closely interwoven with many affecting considerations, to be lightly adopted. I postponed, therefore, the summoning the militia immediately into the field; but I required them to be held in readiness, that, if my anxious endeavors to reclaim the deluded and to convince the malignant of their danger, should be fruitless, military force might be prepared to act before the season should be too far advanced.

My proclamation of the 7th of August last was accordingly issued, and accompanied by the appointment of commissioners, who were charged to repair to the scene of insurrection. They were authorized to confer with any bodies of men or individuals. They were instructed to be candid and explicit in stating the sensations which had been excited in the Executive and his earnest wish to avoid a resort to coercion; to represent, however, that, without submission, coercion must be the resort; but to invite them, at the same time, to return to the demeanor of faithful citizens by such accommodations as lay within the sphere of Executive power. Pardon, too, was tendered to them by the Government of the United States and that of Pennsylvania, upon no other condition than a satisfactory assurance of obedience to the laws.

Although the report of the commissioners marks their firmness and abilities, and must unite all virtuous men, by showing that the means of conciliation have been exhausted, all of those who had committed or abetted the tumults did not subscribe the mild form which was proposed as the atonement; and the indications of a peaceable temper were neither sufficiently general nor conclusive to recommend or warrant the further suspension of the march of the militia.

Thus, the painful alternative could not be discarded. I ordered the militia to march—after once more admonishing the insurgents, in my Proclamation of the 25th of September last.

It was a task too difficult to ascertain with precision the lowest degree of force competent to the quelling of the insurrection. From a respect, indeed, to economy and the case of my fellow-citizens belonging to the militia, it would have gratified me to accomplish such an estimate. My very reluctance to ascribe too much importance to the opposition, had its extent been accurately seen, would have been a decided inducement to the smallest efficient numbers. In this uncertainty, therefore, I put into motion fifteen thousand men, as being an army which, according to all human calculation, would be prompt and adequate in every view and might, perhaps, by rendering resistance desperate, prevent the effusion of blood. Quotas had been assigned to the States of New Jersey, Pennsylvania, Maryland, and Virginia, the Governor of Pennsylvania having declared, on this occasion, an opinion which justified a requisition to the other States.

As Commander-in-Chief of the Militia, when called into the actual service of the United States, I have visited the places of general rendezvous, to obtain more exact information and to direct a plan for ulterior movements. Had there been room for a persuasion that the laws were secure from obstruction; that the civil magistrate was able to bring to justice such of the most culpable as have not embraced the proffered terms of amnesty, and may be deemed fit objects of example; that the friends to peace and good government were not in need of that aid and countenance which they ought always to receive and, I trust, ever will receive, against the vicious and turbulent; I should have caught with avidity the opportunity of restoring the militia to their families and home. But succeeding intelligence has tended to manifest the necessity of what has been done; it being now confessed by those who were not inclined to exaggerate the ill conduct of the insurgents that their malevolence was not pointed merely to a particular law; but that a spirit, inimical to all order, has actuated many of the offenders. If the state of things had afforded reason for the continuance of my presence with the army, it would not have been withholden. But every appearance assuring such an issue as will redound to the reputation and strength of the United States, I have judged it most proper to resume my duties at the Seat of Government, leaving the chief command with the Governor of Virginia.

Still, however, as it is probable that, in a commotion like the present, whatsoever may be the pretence, the purposes of mischief and revenge may not be laid aside, the stationing of a small force, for a certain period in the four western counties of Pennsylvania will be indispensable, whether we contemplate the situation of those who are connected with the execution of the laws or of others who may have exposed themselves by an honorable attachment to them. Thirty days from the commencement of this session being the legal limitation of the employment of the militia, Congress cannot be too early occupied with this subject… .

While there is cause to lament that occurrences of this nature should have disgraced the name or interrupted the tranquility of any part of our community, or should have diverted to a new application any portion of the public resources, there are not wanting in real and substantial consolations for the misfortune. It has demonstrated that our prosperity rests on solid foundations; by furnishing an additional proof that my fellow-citizens understand the true principles of government and liberty; that they feel their inseparable union; that, notwithstanding all the devices which have been used to sway them from their interest and duty, they are now as ready to maintain the authority of the laws against licentious invasions as they were to defend their rights against usurpation. It has been a spectacle displaying to the highest advantage the value of Republican government to behold the most and the least wealthy of our citizens standing in the same ranks, as private soldiers, pre-eminently distinguished by being the army of the Constitution; undeterred by a march of three hundred miles over rugged mountains, by the approach of an inclement season, or by any other discouragement. Nor ought I to omit to acknowledge the efficacious and patriotic co-operation which I have experienced from the Chief Magistrates of the States to which my requisitions have been addressed.

To every description of citizens, indeed, let praise be given. But let them persevere in their affectionate vigilance over that precious depository of American happiness, the Constitution of the United States. Let them cherish it, too, for the sake of those who, from every clime, are daily seeking a dwelling in our land. And when, in the calm moments of reflection, they shall have retraced the origin and progress of the insurrection, let them determine whether it has not been fomented by combinations of men who, careless of consequences and disregarding the unerring truth that those who rouse cannot always appease a civil convulsion, have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accusations, of the whole Government.

Having thus fulfilled the engagement which I took when I entered into office, “to the best of my ability to preserve, protect, and defend, the Constitution of the United States,” on you, gentlemen, and the people by whom you are deputed, I rely for support… .

Proceedings in the House of Representatives on the President’s Speech 24–27 November 1794

Serving, as he usually did, on the House committee to prepare an answer to the president’s address, Madison helped draft a reply which passed in silence over Washington’s denunciation of the “self-created societies.” Federalists quickly moved to insert an echo of the phrase.

Monday, 24 November

… Mr. Fitzsimons then rose and said that it would seem somewhat incongruous for the House to present an Address to the President which omitted all notice of so very important an article in his speech as that referring to the self-created societies. Mr. F. then read an amendment, which gave rise to a very interesting debate. The amendment was in these words:

“As part of this subject, we cannot withhold our reprobation of the self-created societies, which have risen up in some parts of the Union, misrepresenting the conduct of the Government, and disturbing the operation of the laws, and which, by deceiving and inflaming the ignorant and the weak, may naturally be supposed to have stimulated and urged the insurrection.”

These are “institutions, not strictly unlawful, yet not less fatal to good order and true liberty; and reprehensible in the degree that our system of government approaches to perfect political freedom.” …

Mr. Giles … began by declaring that, when he saw, or thought he saw, the House of Representatives about to erect itself into an office of censorship, he could not sit silent. He did not rise with the hope of making proselytes, but he trusted that the fiat of no person in America should ever be taken for truth, implicitly and without evidence.

Mr. Giles next entered into an encomium of some length on the public services and personal character of the President. He vindicated himself from any want of respect or esteem towards him. He then entered into an examination of the propriety of the expression employed by the President with regard to self-created societies. Mr. G. said that there was not an individual in America who might not come under the charge of being a member of some one or other self-created society. Associations of this kind, religious, political, and philosophical, were to be found in every quarter of the Continent. The Baptists and Methodists, for example, might be termed self-created societies. The people called the Friends were of the same kind. Every pulpit in the United States might be included in this vote of censure, since, from every one of them, upon occasion, instructions had been delivered, not only for the eternal welfare, but likewise for the temporal happiness of the people. There had been other societies in Pennsylvania for several purposes. The venerable Franklin had been at the head of one, entitled a society for political information. They had criminated the conduct of the Governor of this State and of the Governors of other States, yet they were not prosecuted or disturbed. There was, if he mistook not, once a society in this State for the purpose of opposing or subverting the existing Constitution. They also were unmolested. If the House are to censure the Democratic societies, they might do the same by the Cincinnati Society. It is out of the way of the legislature to attempt checking or restraining public opinion. If the self-created societies act contrary to law, they are unprotected, and let the law pursue them. That a man is a member of one of these societies will not protect him from an accusation for treason, if the charge is well founded. If the charge is not well founded, if the societies, in their proceedings, keep within the verge of the law, Mr. G. would be glad to learn what was to be the sequel? If the House undertake to censure particular classes of men, who can tell where they will stop? Perhaps it may be advisable to commence moral philosophers and compose a new system of ethics for the citizens of America. In that case, there would be many other subjects for censure, as well as the self-created societies. Land-jobbing, for example, has been in various instances brought to such a pass that it might be defined swindling on a broad scale. Paper money, also, would be a subject of very tolerable fertility for the censure of a moralist. Mr. G. proceeded to enumerate other particulars on this head, and again insisted on the sufficiency of the existing laws for the punishment of every existing abuse. He observed that gentlemen were sent to this House, not for the purpose of passing indiscriminate votes of censure, but to legislate only. By adopting the amendment of Mr. Fitzsimons, the House would only produce recrimination on the part of the societies and raise them into much more importance than they possibly could have acquired if they had not been distinguished by a vote of censure from that House. Gentlemen were interfering with a delicate right, and they would be much wiser to let the democratic societies alone. Did the House imagine that their censure, like the wand of a magician, would lay a spell on these people? It would be quite the contrary, and the recrimination of the societies would develop the propriety of having meddled with them at all. One thing ought never to be forgotten, that if these people acted wrong, the law was open to punish them; and if they did not, they would care very little for a vote of that House. Why all this particular deviation from the common line of business to pass random votes of censure? The American mind was too enlightened to bear the interposition of this House, to assist either in their contemplations or conclusions on this subject. Members are not sent here to deal out applauses or censures in this way. Mr. G. rejected all aiming at a restraint on the opinions of private persons. As to the societies themselves, Mr. G. personally had nothing to do with them, nor was he acquainted with any of the persons concerned in their original organization… .

Mr. W. Smith then rose and entered at large into the subject. He said that if the Committee withheld an expression of their sentiments in regard to the societies pointed out by the President, their silence would be an avowed desertion of the Executive. He had no scruple to declare that the conduct of these people had tended to blow up the insurrection. Adverting to Mr. Giles, he thought the assertion of that gentleman too broad, when he spoke of not meddling with the opinions of other than political societies.

He considered the dissemination of improper sentiments as a suitable object for the public reprobation of that House. Suppose an agricultural society were to establish itself, and under that title to disseminate opinions subversive of good order; the difference of a name should not make Mr. S. think them exempted from becoming objects of justice. Would any man say that the sole object of self-created societies has been the publication of political doctrines? The whole of their proceedings has been a chain of censures on the conduct of Government. If we do not support the President, the silence of the House will be interpreted into an implied disapprobation of that part of his speech. He will be left in a dilemma. It will be said that he has committed himself.

Mr. S. declared that he was a friend to the freedom of the press; but would any one compare a regular town meeting where deliberations were cool and unruffled to these societies, to the nocturnal meetings of individuals, after they have dined, where they shut their doors, pass votes in secret, and admit no members into their societies but those of their own choosing? … In objection to this amendment it had been stated that the self-created societies would acquire importance from a vote of censure passed on them. They were, for his part, welcome to the whole importance that such a vote could give them. He complained in strong terms of the calumnies and slanders which they had propagated against Government. Every gentleman who thought that these clubs had done mischief was by this amendment called upon to avow his opinion. This was the whole. Mr. S. begged the House to take notice, and he repeated his words once or twice, that he did not mean to go into the constitution of these societies or to say that they were illegal. The question before the House was not whether these societies were illegal or not, but whether they have been mischievous in their consequences… .

Mr. Tracy … declared that if the President had not spoke of the matter, he should have been willing to let it alone, because whenever a subject of that kind was touched, there were certain gentlemen in that House who shook their backs, like a sore-backed horse, and cried out The Liberties of the people! Mr. T. wished only that the House, if their opinion of these societies corresponded with that of the President, should declare that they had such an opinion. This was quite different from attempting to legislate on the subject. Has not the Legislature done so before? Is there any impropriety in paying this mark of respect to a man to whom all America owes such indelible obligations? He thought that this declaration from the House of Representatives would tend to discourage Democratic societies, by uniting all men of sense against them… .

Mr. Nicholas—When we see an attempt made in this House to reprobate whole societies, on account of the conduct of individuals, it may truly be suspected that some of the members of this House have sore backs….

He had always thought them the very worst advocates for the cause which they espoused; but he had come two hundred miles to legislate, and not to reprobate private societies. He was not paid by his constituents for doing business of that sort. The President knew the business of the House better than to call for any such votes of censure. It was wrong to condemn societies for particular acts. That there never should be a Democratical society in America, said Mr. N., I would give my most hearty consent; but I cannot agree to persecution for the sake of opinions. With respect either to the propriety or the power of suppressing them. Mr. N. was in both cases equally of opinion that it was much better to let them alone. They must stand or fall by the general sentiments of the people of America. Is it possible that these societies can exist, for any length of time, when they are of no real use to the country? No. But this amendment will make the people at large imagine that they are of consequence… .

Tuesday, 25 November

… The House went again into Committee of the Whole on the Address of the President and the amendment of Mr. Fitzsimons… .

Mr. Fitzsimons had no violent predilection for any performance of his own. He had, therefore, to prevent so much disputing, prepared to withdraw his motion, provided the Committee be willing that he should do so, and, in the room of this motion, he would read another, for which he was indebted to a gentleman at his right hand [Mr. B. Bourne].

The Committee consented. The former motion was withdrawn, and the other was read. This was an echo of that part of the Speech of the President which mentions self-created societies… .

Mr. Nicholas—Gentlemen have brought us into a discussion and then say we must decide as they please, in deference to the President. This is the real ground and foundation of their arguments. But who started this question? If the gentlemen have brought themselves into a difficulty with regard to the President by their participation in proposing votes of censure which they cannot carry through, they have only to blame themselves. Is it expected, said Mr. N., that I am to abandon my independence for the sake of the President? He never intended that we should take any such notice of his reference to these societies; but if the popularity of the President has, in the present case, been committed, let those who have hatched this thing, and who have brought it forward, answer for the consequences… .

Mr. Sedgwick thought that the President would have been defective in his duty had he omitted to mention what he religiously believed to be true, viz: that the Democratic societies had in a great measure originated the late disturbances. It was the indispensable duty of the President to speak as he had spoken. The present amendment [of Mr. Fitzsimons] would have a tendency to plunge these societies into contempt and to sink them still farther into abhorrence and detestation. He pronounced them to be illicit combinations. One gentleman [Mr. Nicholas] tells you that he despises them most heartily. Another [Mr. Lyman] says that they begin to repent. Will the American people perversely propose to shoulder and bolster up these despised and repenting societies, which are now tumbling into dust and contempt? Their conduct differed as far from a fair and honorable investigation, as Christ and Belial. They were men prowling in the dark. God is my judge, said Mr. S., that I would not wish to check a fair discussion.

One gentleman [Mr. McDowell] had told the Committee, that the assumption and Funding transactions were a cause of public discontent. It has been the trick of these people to make this assertion. They have said that the Funding System is mass of favoritism, for the purpose of erecting an oppressive aristocracy and a paper nobility. There is not a man among them who is able to write and who does not know that these assertions are false. As to the assumption of the debts of individual States, it has been said that this measure was undertaken for the purpose of making up a large debt. There was no such thing. Before the adoption of the new Constitution, of which Mr. S., considered the Funding and Assumption Systems to be essential preliminaries, the credit and commerce of America were declining or gone. The States were disagreeing at home, and the American name was disgraced abroad. It was not to be supposed that every one of the measures of the new Government could please every body. Among the rest, excise was objected to in both Houses of Congress; but at last the good sense of the people acquiesced. At this crisis, a foreign agent (Genet) landed at Charleston. On his way to this city he was attended by the hosannahs of all the disaffected. He did the utmost mischief that was in his power; and in consequence of his efforts, Democratic societies sprung up… .

He said that it was to be noticed, and he proclaimed it here, that antecedent to the Democratic societies making their appearance, the flame of discontent seemed smothered. But these men told the people that they would be slaves. Was not this wrong? They should have told what was well done as well as ill done. From Portland, in Maine, to the other end of the Continent, have they ever approved of one single act? They have scrutinized with eagle eyes into every fault. Whom are we to trust them or the man that more than any other human man ever did, possesses the affection of a whole people? The question is, shall we support the Constitution or not? …

Wednesday, 26 November

… Mr. Ames stated that it was the duty of the President, by the Constitution, to inform Congress of the state of the Union. That he had accordingly in his speech stated the insurrection and the causes which (he thought) had brought it on. Among them, he explicitly reckons the self-created societies and combinations of men to be one. … He said further that an amendment was now offered to the House, expressed, as nearly as may be in the very words of the President; an objection is urged against this amendment that the proposition contained in it is not true in fact. It is also said that although it were true, it would be dangerous to liberty to assent to it in our Answer to the Speech. It is moreover, say they, improper, unnecessary, and indecent to mention the self-created societies. The amendment now urged upon the House has been put to vote in the Committee of the Whole House, and rejected. What will the world say, and that too from the evidence of our own records, if we reject it again in the House? …

The right to form political clubs has been urged as if it had been denied. It is not, however, the right to meet, it is the abuse of the right after they have met, that is charged upon them. Town meetings are authorized by law, yet they may be called for seditious or treasonable purposes. The legal right of the voters in that case would be an aggravation, not an excuse, for the offence. But if persons meet in a club with an intent to obstruct the laws, their meeting is no longer innocent or legal; it is a crime.

The necessity for forming clubs has been alleged with some plausibility in favor of all the states except New England, because town meetings are little known and not practicable in a thinly settled country. But if people have grievances are they to be brought to a knowledge of them only by clubs? Clubs may find out more complaints against the laws than the sufferers themselves had dreamed of. The number of those which a man will learn from his own and his neighbor’s experience will be quite sufficient for every salutary purpose of reform in the laws or of relief to the citizens. He may petition Congress, his own Representatives will not fail to advocate or, at least, to present and explain his memorial. As a juror, he applies the law; as an elector, he effectually controls the legislators. A really aggrieved man will be sure of sympathy and assistance within this body and with the public. The most zealous advocate of clubs may think them useful, but he will not insist on their being indispensably so.

The plea for their usefulness seems to rest on their advantage of meeting for political information. The absurdity of this pretence could be exposed in a variety of views. I shall decline (said Mr. A.) a detailed consideration of the topic. I would just ask, however, whether the most inflamed party men, who usually lead the clubs, are the best organs of authentic information? Whether they meet in darkness; whether they hide their names, their numbers, and their doings; whether they shut their doors to admit information?

A laudable zeal for inquiry need not shun those who could satisfy it; it need not blush in the daylight. With open doors and an unlimited freedom of debate, political knowledge might be introduced even among the intruders.

But, instead of exposing their affected pursuit of information, it will be enough to show hereafter what they actually spread among the people—whether it is information or, in the words of the President, “jealousies, suspicions and accusations of the Government;” whether, disregarding the truth, they have not fomented the daring outrages against the social order and the authority of the laws. (Vide the President’s speech.)

They have arrogantly pretended sometimes to be the people and sometimes the guardians, the champions of the people. They affect to feel more zeal for a popular government, and to enforce more respect for republican principles, than the real Representatives are admitted to entertain. Let us see whether they are set up for the people or in opposition to them and their institutions.

Will any reflecting person suppose, for a moment, that this great people, so widely extended, so actively employed, could form a common will and make that will law in their individual capacity, and without representation? They could not. Will clubs avail them as a substitute for representation? A few hundred persons only are members of clubs, and if they should act for the others, it would be an usurpation, and the power of the few over the many, in every view infinitely worse than sedition itself, will represent this Government… .

We are asked, with some pathos, will you punish clubs with your censure, unheard, untried, confounding the innocent with the guilty? Censure is not punishment, unless it is merited, for we merely allude to certain self-created societies, which have disregarded the truth and fomented the outrages against the laws. Those which have been innocent will remain uncensured. It is said, worthy men belong to those clubs. They may be as men not wanting in merit, but when they join societies which are employed to foment outrages against the laws, they are no longer innocent. They become bad citizens. If innocence happens to stray into such company, it is lost. The men really good will quit such connexions, and it is a fact that the most respected of those who were said to belong to them have long ago renounced them. Honest, credulous men may be drawn in to favor very bad designs, but so far as they do it, they deserve the reproach which this vote contains, that of being unworthy citizens.

If the worst men in society have led the most credulous and inconsiderate astray, the latter will undoubtedly come to reflection the sooner for an appeal to their sense of duty. This appeal is made in terms which truth justifies and which apply only to those who have been criminal… .

In the course of his remarks, Mr. A. strongly insisted that the vote was not indefinite in its terms. Societies were not reprobated because they were self-made, nor because they were political societies. Everybody has readily admitted that they might be innocent as they have been generally imprudent. It is such societies as have been regardless of the truth and have fomented the outrages against the law, &c.

Nor is the intention of this amendment to flatter the President, as it has been intimated. He surely has little need of our praise on any personal account. This late signal act of duty is already with his grateful country, with faithful history: nor is it in our power, or in those of any offended self-created societies, to impair that tribute which will be offered to him. As little ground is there for saying that it is intended to stifle the freedom of speech and of the press. The question is, simply, will you support your Chief Magistrate? Our vote does not go merely to one man and to his feelings, it goes to the trust. When clubs are arrayed against your Government, and your Chief Magistrate decidedly arrays the militia to suppress their insurrection, will you countenance or discountenance the officer? Will you ever suffer this House, the country, or even one seditious man in it, to question for an instant whether your approbation and co-operation will be less prompt and cordial than his efforts to support the laws? Is it safe, is it honorable, to make a precedent, and that no less solemn than humiliating, which will authorize, which will compel every future President to doubt whether you will approve him or the clubs? The President now in office would doubtless do his duty promptly and with decision in such a case. But can you expect it of human nature? and if you could, would you put it at risk whether in future a President shall balance between his duty and his fear of your censure. The danger is that a Chief Magistrate, elective as ours is, will temporize, will delay, will put the laws into treaty with offenders, and will even insure a civil war, perhaps the loss of our free Government, by the want of proper energy to quench the first sparks. You ought, therefore, on every occasion, to show the most cordial support to the Executive in support of the laws.

This is the occasion. If it is dangerous to liberty, against right and justice, against truth and decency, to adopt the amendment, as it has been argued, then the President and Senate have done all this… .

Thursday, 27 November

Mr. Madison—said he entirely agreed with those gentlemen who had observed that the house should not have advanced into this discussion, if it could have been avoided—but having proceeded thus far it was indispensably necessary to finish it.

Much delicacy had been thrown into the discussion in consequence of the chief magistrate; he always regretted the circumstance when this was the case.

This, he observed, was not the first instance of difference in opinion between the President and this House. It may be recollected that the President dissented both from the Senate and this House on a particular law (he referred to that apportioning the representatives)—on that occasion he thought the President right. On the present question, supposing the President really to entertain the opinion ascribed to him, it affords no conclusive reason for the House to sacrifice its own judgment… .

Members seem to think that in cases not cognizable by law there is room for the interposition of the House. He conceived it to be a sound principle that an action innocent in the eye of the law could not be the object of censure to a legislative body. When the people have formed a constitution, they retain those rights which they have not expressly delegated. It is a question whether what is thus retained can be legislated upon. Opinions are not the objects of legislation. You animadvert on the abuse of reserved rights—how far will this go? It may extend to the liberty of speech and of the press.

It is in vain to say that this indiscriminate censure is no punishment. If it falls on classes or individuals it will be a severe punishment. He wished it to be considered how extremely guarded the Constitution was in respect to cases not within its limits. Murder or treason cannot be noticed by the legislature. Is not this proposition, if voted, a vote of attainder? To consider a principle, we must try its nature and see how far it will go; in the present case he considered the effects of the principle contended for would be pernicious. If we advert to the nature of republican government, we shall find that the censorial power is in the people over the government, and not in the government over the people.

As he had confidence in the good sense and patriotism of the people, he did not anticipate any lasting evil to result from the publications of these societies; they will stand or fall by the public opinion; no line can be drawn in this case. The law is the only rule of right; what is consistent with that is not punishable; what is not contrary to that, is innocent, or at least not censurable by the legislative body.

With respect to the body of the people, (whether the outrages have proceeded from weakness or wickedness) what has been done and will be done by the Legislature will have a due effect. If the proceedings of the government should not have an effect, will this declaration produce it? The people at large are possessed of proper sentiments on the subject of the insurrection—the whole continent reprobates the conduct of the insurgents, it is not therefore necessary to take the extra step. The press he believed would not be able to shake the confidence of the people in the government. In a republic, light will prevail over darkness, truth over error—he had undoubted confidence in this principle. If it be admitted that the law cannot animadvert on a particular case, neither can we do it. Governments are administered by men—the same degree of purity does not always exist. Honesty of motives may at present prevail—but this affords no assurance that it will always be the case—at a future period a Legislature may exist of a very different complexion from the present; in this view, we ought not by any vote of ours to give support to measures which now we do not hesitate to reprobate. The gentleman from Georgia had anticipated him in several remarks—no such inference can fairly be drawn as that we abandon the President should we pass over the whole business. The vote passed this morning for raising a force to complete the good work of peace, order, and tranquility begun by the executive, speaks quite a different language from that which has been used to induce an adoption of the principle contended for.

Mr. Madison adverted to precedents—none parallel to the subject before us existed. The inquiry into the failure of the expedition under St. Clair was not in point. In that case the house appointed a committee of enquiry into the conduct of an individual in the public service—the democratic societies are not. He knew of nothing in the proceedings of the Legislature which warrants the house in saying that institutions confessedly not illegal were subjects of legislative censure… .

The question was then put, Shall the words “self-created societies, and” be replaced in the amendment of Mr. Fitzsimons? This was carried by a majority of forty-seven against forty-five… .

Friday, 28 November

The Address, as amended, was then read throughout at the Clerk’s table, as follows:

Sir: The House of Representatives, calling to mind the blessings enjoyed by the people of the United States, and especially the happiness of living under constitutions and laws which rest on their authority alone, could not learn with other emotions than those you have expressed that any part of our fellow citizens should have shown themselves capable of an insurrection. And we learn, with the greatest concern, that any misrepresentations whatever of the Government and its proceedings, either by individuals or combinations of men, should have been made and so far credited as to foment the flagrant outrage which has been committed on the laws. We feel, with you, the deepest regret at so painful an occurrence in the annals of our country. As men regardful of the tender interests of humanity, we look with grief at scenes which might have stained our land with civil blood. As lovers of public order, we lament that it has suffered so flagrant a violation: as zealous friends of Republican Government, we deplore every occasion which, in the hands of its enemies, may be turned into a calumny against it.

This aspect of the crisis, however, is happily not the only one which it presents. There is another, which yields all the consolations which you have drawn from it. It has demonstrated to the candid world, as well as to the American People themselves, that the great body of them, everywhere, are equally attached to the luminous and vital principle of our Constitution which enjoins that the will of the majority shall prevail; that they understand the indissoluble union between true liberty and regular government; that they feel their duties no less than they are watchful over their rights; that they will be as ready, at all times, to crush licentiousness as they have been to defeat usurpation: in a word, that they are capable of carrying into execution that noble plan of self-government which they have chosen as the guarantee of their own happiness and the asylum for that of all, from every clime, who may wish to unite their destiny with ours… .

James Madison to James Monroe 4 December 1794

… You will learn from the newspapers and official communications the unfortunate scene in the Western parts of Pennsylvania which unfolded itself during the recess. The history of its remote & immediate causes, the measures produced by it, and the manner in which it has been closed, does not fall within the compass of a letter. It is probable also that many explanatory circumstances are yet but imperfectly known. I can only refer to the printed accounts which you will receive from the Department of State and the comments which your memory will assist you in making on them. The event was in several respects a critical one for the cause of liberty, and the real authors of it, if not in the service, were in the most effectual manner, doing the business of despotism. You well know the general tendency of insurrections to increase the momentum of power. You will recollect the particular effect of what happened some years ago in Massachusetts. Precisely the same calamity was to be dreaded on a larger scale in this case. There were enough as you may well suppose ready to give the same turn to the crisis, and to propagate the same impressions from it. It happened most auspiciously, however, that with a spirit truly republican, the people everywhere and of every description condemned the resistance to the will of the majority and obeyed with alacrity the call to vindicate the authority of the laws. You will see in the answer of the House of Representatives to the President’s speech that the most was made of this circumstance as an antidote to the poisonous influence to which Republicanism was exposed. If the insurrection had not been crushed in the manner it was I have no doubt that a formidable attempt would have been made to establish the principle that a standing army was necessary for enforcing the laws. When I first came to this City about the middle of October, this was the fashionable language. Nor am I sure that the attempt would not have been made if the President could have been embarked in it, and particularly if the temper of N. England had not been dreaded on this point. I hope we are over that danger for the present. You will readily understand the business detailed in the newspapers relating to the denunciation of the “self created societies.” The introduction of it by the President was perhaps the greatest error of his political life. For his sake, as well as for a variety of obvious reasons, I wish’d it might be passed over in silence by the House of Representatives. The answer was penned with that view; and so reported. This moderate course would not satisfy those who hoped to draw a party-advantage out of the President’s popularity. The game was to connect the democratic societies with the odium of the insurrection—to connect the Republicans in Congress with those Societies—to put the President ostensibly at the head of the other party, in opposition to both, and by these means prolong the illusions in the North—& try a new experiment on the South. To favor the project, the answer of the Senate was accelerated & so framed as to draw the President into the most pointed reply on the subject of the Societies. At the same time, the answer of the House of Representatives was procrastinated till the example of the Senate & the commitment of the President could have their full operation. You will see how nicely the House was divided, and how the matter went off. As yet the discussion has not been revived by the newspaper combatants. If it should and equal talents be opposed, the result can not fail to wound the President’s popularity more than anything that has yet happened. It must be seen that no two principles can be either more indefensible in reason or more dangerous in practice—than that 1. arbitrary denunciations may punish what the law permits & what the Legislature has no right, by law, to prohibit—and that 2. the Government may stifle all censures whatever on its misdoings; for if it be itself the judge it will never allow any censures to be just, and if it can suppress censures flowing from one lawful source it may those flowing from any other—from the press and from individuals as well as from Societies, &c… .

Democratic Society of Pennsylvania 9 October 1794

Fellow-Citizens,

Sensations of the most unpleasant kind must have been experienced by every reflecting person who is not leagued against the liberties of this country on hearing and reading the various charges and invectives fabricated for the destruction of the Patriotic Societies in America. So indefatigable are the aristocratical faction among us in disseminating principles unfriendly to the rights of man—at the same time so artful as to envelop their machinations with the garb of patriotism, that it is much feared, unless vigilence, union and firmness mark the conduct of all real friends to equal liberty, their combinations and schemes will have their desired effect.

The enemies of liberty and equality have never ceased to traduce us—even certain influential and public characters have ventured to publicly condemn all political societies. When denunciations of this kind are presented to the world supported by the influence of character and great names, they too frequently obtain a currency which they are by no means entitled to either on the score of justice, propriety, or even common sense. Sometimes by a nice stroke of policy, or by a combination of some favorable circumstance, which the address of the Liberticide turns to his advantage, the imposition gains ground even with the best informed men. As the history of other countries as well as our own has taught us that this influence has too frequently given a death wound to freedom, it is the indispensable duty of every man who is desirous of enjoying and transmitting to posterity equal liberty to guard against its pernicious effects.

Our society with others established upon similar principles in this and the different states were early viewed with a jealous eye by those who were hostile to the rights of man. It has ever been a favorite and important pursuit with aristocracy to stifle free enquiry, to envelop its proceedings in mystery, and as much as possible, to impede the progress of political knowledge. No wonder therefore that societies whose objects were to cultivate a just knowledge of rational liberty—to inquire into the public conduct of men in every department of government, and to exercise those constitutional rights which as freemen they possess, should become obnoxious to designing men. Accordingly, their shafts have been darted from many quarters. We have been accused of an intention to destroy the government. The old cry of anarchy and anti-federalism have been played off. The inconsistency of our adversaries is remarkable. At one time we were described as too insignificant to merit attention—too contemptable to be dangerous; again—so numerous and so wicked as to endanger the administration—so formidable as to be no longer tolerated.

Unfortunately, a favorable circumstance for the designs of aristocracy lately took place—we mean an insurrection in the western counties of this state. A number of people, dreading the oppressive effects of the Excise Law, were carried to pursue redress by means unwarrantable and unconstitutional. Passion instead of reason having assumed the direction of their affairs, disorder and disunion were