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To: MamaTexan
President Washington ordered Governor Mifflin to send the Pennsylvania militia to enforce the law. But Mifflin declined, asserting that a president in peacetime and in the absence of any local request for help had no authority to direct a state governor to use a state militia for any purpose. In the process, he established a precedent that is still honored today.

But he called in militia from other states and did enter Pennsylvania with them. Your source continues:

Rebuffed by Pennsylvania’s governor, Washington drafted a proclamation requesting that the states of Pennsylvania, New Jersey, Maryland, and Virginia place a force of 12,950 men into federal service. At the time, Washington was angry with Pennsylvania’s western farmers for a variety of reasons. Back in the 1780s, some Covenanter squatters had contested his land ownership in land in Washington County. Having provoked wars with the Indians and ignored treaties respecting their lands, these western Pennsylvanians now seemed unwilling to pay a tax largely enacted on their behalf to rid the Ohio Valley of their enemies, even as the government was negotiating with the Spanish and the British to make sure the Ohio region could be settled and its products shipped down the Mississippi. While Secretary of the Treasury Alexander Hamilton and some Federalists were eager to use the ruckus to demonstrate the power of the new nation to raise armies and suppress insurrections, Washington simply wanted western Pennsylvanians to make some contribution toward the government that was spending so much of its energy and money to secure their interests.

On October 4, 1794, Washington joined the troops – contemptuously dubbed the “Watermelon Army” by the rebels – near Carlisle, and marched them out to Bedford County. It was there, during his stay at Espy House that Washington was informed that his army had scared off the “Whiskey Boys,” who would now comply with the tax. Turning over command of the troops to Governor Henry Lee of Virginia, the president then returned to Philadelphia.

On November 13, federal troops arrested 150 rebels, then sent twenty of the ringleaders to Philadelphia to stand trial, including Reverend John Corbley, a noted Baptist minister and vocal opponent of the whiskey tax. The Federal District Court of Philadelphia found most of the rebels not guilty, but in July, 1795 sentenced two of the men to death for treason.


304 posted on 11/20/2006 10:30:39 AM PST by Bubba Ho-Tep
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To: Bubba Ho-Tep; Non-Sequitur
But he called in militia from other states and did enter Pennsylvania with them. Your source continues:

I know he did, I'm not contending what happened after the fact.

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See, everyone seems to think I'm on some kind of Southern Rebellion of my own, or that I have some kind of familial dog in this fight, and that is just not the case.

What I'm interested in is the law. Constitutional law, specifically. That's why I constantly request sources.

In being a legal document, the Constitution can only do what it says it can do in the manner in which it says it can do it....period.

You can enumerate a penumbra past the point of plausible deniability (or logic and reason as the Founders called it) before it becomes a laughable lie.

Anyway, the point being I firmly believe the war was THE sticking point. The point where the Constitution began being ignored for the general welfare (gag) of the nation, and now we're subject to whatever the federal government squirts out its pie-hole.

Back to the issue at hand.

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Both the Militia Acts and the Constitution both state-

On the application of the legislature

NS seems to think this means the federal legislature, I've repeated (and shown) it meant the STATE legislature and have given Governor Mifflin's precedent of making Washington ask permission to enter the State to prove it.

If that IS the case, it proves that South Carolina was unlawfully invaded, since that legislative body never made such a request and its intent had been stated (and recorded) to the federal legislature to leave the Union.

What say you?

311 posted on 11/20/2006 11:01:00 AM PST by MamaTexan ( I am not a ~legal entity~....... nor am I a 'person' as created by law.)
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