The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
Then came the Whiskey Rebellion in Pennsylvania. The statutes of
the United States[Footnote: United States Revised Statues, 5299.]
provide that if their courts meet with opposition of a serious
nature, the President may use the army or call out the militia of
one or more States to restore order. Opposition to the
enforcement of the revenue tax on whiskey in 1794 called for the
first exercise of this power. Marshals were resisted in serving
process, and several counties were in a state of insurrection.
Washington sent so large a force of troops to suppress it that
the rioters vanished on their approach, and there was no further
obstruction of the ordinary course of justice. The total expense
to the government in this affair was nearly $1,000,000.[Footnote:
Wharton's "State Trials," 102.] In 1799, somewhat similar
opposition arose in the same State against the enforcement of the
house taxes laid by Congress. President Adams here also sent a
sufficient force of militia to suppress it.[Footnote:
_Ibid_., 48, 459.]
In 1839, a general combination was formed among the tenant
farmers in New York holding long or perpetual leases from
manorial proprietors to resist the payment of the stipulated
rents. In several counties the greater part of the land was
occupied under such a tenure. The design was to compel the
landlords to sell to the existing tenants at a price fixed by
public appraisal, or else that the State should take the lands by
eminent domain and dispose of them to the same persons on
reasonable terms. Sheriffs were forcibly prevented from serving
writs in dispossession proceedings. One who took with him a
_posse comitatus_ of five hundred armed men, a hundred of
whom were mounted, was met and turned back by a larger band, who
were all mounted. The Governor was finally compelled to issue a
proclamation against the "up-renters," as they were called, and
to protect the sheriff by a large body of militia. Put down in
one county, the movement soon reappeared in others. Disguises
were assumed, the rioters figuring under Indian names and wearing
more or less of the Indian garb. Three hundred of them, with
twice that number not in disguise, prevented a sheriff from
levying an execution for rent on tenants upon the Livingston
manor. For six years the contest went on in several counties.
Several lives were lost on both sides. Sheriff's officers were
tarred and feathered and their writs destroyed. Of the rioters
many were arrested and prosecuted from time to time and some
convicted. Five were sent to the State's prison for life. Two
were sentenced to be hanged. The State used its militia freely
to defend the sheriffs, at a cost in one county of over $60,000,
and in 1845 a series of prosecutions and convictions, resulting
in over eighty sentences at one term of court, broke the back of
the insurrection. It died half-victorious, however, for an
"anti-rent" Governor and Lieutenant-Governor were elected the
Public-domain text, read in full here on John Shaqi.
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