The American Judiciary by LLD Simeon E. Baldwin
page 293 of 388 (75%)
page 293 of 388 (75%)
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both by New York and Massachusetts. Conflicting claims, awaking
much bitter feeling, arose under grants from each government. In 1791, the sheriff of Columbia County was ordered by the courts, in the course of a lawsuit, to sell a tract of this land. Seventeen persons disguised as Indians appeared at the time of sale to resist it, and he was killed by a shot from one of them.[Footnote: Report Am. Historical Association for 1896, I, 152, note.] 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 |
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