On the succeeding day the insurgents reassembled to the number of about 500 to renew their attack on the house of the inspector. That officer, finding that no protection could be afforded by the civil authority, had applied to the commanding officer at Fort Pitt, and had obtained a detachment of eleven men from that garrison, who were joined by Major Kirkpatrick. Successful resistance to so great a force being obviously impracticable, a parley took place, at which the assailants, after requiring that the inspector and all his papers should be delivered up, demanded that the party in the house should march out and ground their arms. This being refused, the parley terminated and the assault commenced. The action lasted until the assailants set fire to several adjacent buildings, the heat from which was so intense that the house could no longer be occupied. From this cause, and from the apprehension that the fire would soon be communicated to the main building, Major Kirkpatrick and his party surrendered themselves.
The marshal and Col. Pressly Nevil were seized on their way to General Nevil's house and detained until 2 the next morning. The marshal especially was treated with extreme severity. His life was frequently threatened, and was probably saved by the interposition of some leading individuals, who possessed more humanity or more prudence than those with whom they were associated. He could obtain his liberty only by entering into a solemn engagement, which was guaranteed by Colonel Nevil, to serve no more processes on the western side of the Allegheny mountains.
The marshal and inspector having both retired to Pittsburgh, the insurgents deputed two of their body, one of whom was a justice of the peace, to demand that the former should surrender all his authority, and that the latter should resign his office, threatening, in case of refusal, to attack the place and seize their persons. These demands were not acceded to, but Pittsburghh affording no security, these officers escaped from the danger which threatened them by descending the Ohio; after which they found their way, by a circuitous route, to the seat of government.
The rioters next proceeded to intercept the mail and take out letters from certain parties in Pittsburghh, containing expressions of disapproval of their proceedings. The writers of these letters they caused to be banished. They next held meetings on Braddock's Field and at Parkinson's Ferry, at which the determination to resist the laws by force of arms was openly avowed.
Affidavits attesting this serious state of things were laid before Washington. Affairs had now reached a point which seemed to forbid the continuance of a temporizing system. The efforts at conciliation, which, for more than three years, the government had persisted to make, and the alterations repeatedly introduced into the act for the purpose of rendering it less exceptionable, instead of diminishing the arrogance of those who opposed their will to the sense of the nation, had drawn forth sentiments indicative of designs much deeper than the evasion of a single act. The execution of the laws had at length been resisted by open force, and a determination to persevere in these measures was unequivocally avowed. The alternative of subduing this resistance or of submitting to it was presented to the government.
The act of Congress which provided for calling forth the militia "to execute the laws of the Union, suppress insurrections, and repel invasions" required, as a prerequisite to the exercise of this power, "that an associate justice, or the judge of the district, should certify that the laws of the United States were opposed, or their execution obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals." In the same act it was provided, "that if the militia of the State where such combinations may happen shall refuse, or be insufficient, to suppress the same, the President may employ the militia of other States."
The evidence which had been transmitted to Washington was laid before one of the associate justices, who gave the certificate, which enabled the chief magistrate to employ the militia in aid of the civil power.
Washington now called a cabinet to consider the subject, and the Governor of Pennsylvania was also consulted respecting it. Randolph, the Secretary of State, and the Governor of Pennsylvania urged reasons against coercion by force of arms; Hamilton, Knox, and Bradford were in favor of employing military force. These members of the Cabinet were also of opinion that policy and humanity equally dictated the employment of a force which would render resistance desperate. The insurgent country contained 16,000 men able to bear arms, and the computation was that they could bring 7,000 into the field. If the army of the government should amount to 12,000 men, it would present an imposing force which the insurgents would not venture to meet.
It was impossible that Washington could hesitate to embrace the latter of these opinions. That a government entrusted to him should be trampled under foot by a lawless section of the Union, which set at defiance the will of the nation, as expressed by its representatives, was an abasement to which neither his judgment nor his feelings could submit. He resolved, therefore, to issue the proclamation which, by law, was to precede the employment of force.
On the same day a requisition was made on the Governors of New Jersey, Pennsylvania, Maryland, and Virginia for their several quotas of militia to compose an army of 12,000 men, who were to be immediately organized and prepared to march at a minute's warning. The force was ultimately increased to 15,000. While steps were taking to bring this force into the field, a last essay was made to render its employment unnecessary. Three distinguished and popular citizens of Pennsylvania were deputed by the government to be the bearers of a general amnesty for past offenses, on the sole condition of future obedience to the laws.