which was done. In about half an hour the general came, and immediately ordered the guard to charge bayonet, and drive every one off the pavement, but the marshal: after which I told him, I was informed he was the commanding officer of the military then in array: he answer. ed yes. I then communicated to him, and shewed him my writ, which I read aloud. I then made an attempt to go up to the door, but was repulsed by the whole guard with fixed and charged bayonets. I then asked him if I attempted to enter and execute the writ, would it be at the risk of my life? He said it would. I then called for a chair, mounted it, read aloud my commission from the president, and addressed the soldiery,* stating to them the impropriety of their conduct, and made another attempt to pass through the guard to the door, and was again repelled. I went from thence, to the house of Mrs. Waters, on the west side of 7th street, above Arch; at the door was also a centinel armed with a musket and bayonet. General Bright followed mè where I made a similar attempt to execute my writ, such as I did at Mrs. Sergeant's door, and was repelled; then I informed them, I should return with the posse to perform my duty. I retired, and did not then get an opportunity to execute the process.

Dallas. Have you the writ in your hand?

Marshal. Yes, the same that was read aloud.

Dallas. Will you repeat the names of the guard?

The address was as follows.

FELLOW CITIZENS,

Imperious duty commands my attendance at this time and place, in order to execute the process now in my hands, and which has been issued by virtue of a mandate from the highest judicial tribunal of our country. In the performance of my dury, I shall be governed by prudence and discretion, and withal by that firmness which should at all times influence those who are intrusted officially with the execution of the laws. It is with painful regret I view the collision existing between the state, and the paramount authority of the United States; and it will become the serious consideration of those of my fellow citizens who now appear in military array, how far they may eo sider themselves authorized or justified in resisting the laws of the land. The love of country, and a due sense of duy, I hope, will induce those who I now more particularly address, to withdraw themselves from the opposition now made to the perfor mance of my public duty; for be it known to you, that the constitution and laws of the United States, consider an opposition to the execution of the laws, by military force, as treason, and any forcible opposition to the execution of Judicial process as a high misdemeanor The situation in which you are placed is a serious one, and should excite a reflection and deliberation---for deliberation time is necessary, which if you require will be granted---For I now solemnly declare the intention of eventually executing the process in this case, which has excited so much serious apprehension for the peace and welfare of our common country. My duty will require of me, the raising the posse of the district, if he opposition is not withdraw, of which power I shall avail myself, if necessary, in enforcing the mandate of the law.

Ans. James Atkinson, Abraham Ogden, William Cole, sergeant, Daniel Phyle, Charles Westfall, Charles Hong, Sampel Wilkins, and John Knipe.

Dallas. And general Bright?

Marshal. Yes.

Dallas. In consequence of this repulse did you take any other means to execute the writ?

Marshal. I did at a subsequent period, I passed the centinel, got into the house, went into the back parlour, where I saw two young ladies and a young gentleman, who were exceedingly alarmed. I tried to appease the young ladies' fears, which detained me in the house for some time. From the house, I went into the yard, (intending to go into the house of Mrs. Waters), where I saw two men : one of them called violently for guards, who I pursued and endeavoured to apprehend, and was prevented by the guards intercepting my passage down an alley through which he fled.

Dallas. Were you on account of the repulse, obliged to summon the posse?

Marshal. Yes; I struck off notices to the number of two thousand, and appointed officers specially to serve them on the persons who were to compose the posse.

Ingersoll. Had you any other writing, except those you have already mentioned?

Marshal. Yes; an address.

Ingersoll. Any other?

Marshal. I cannot at present recollect.

After some time had elapsed, Mr. Ingersoll said, upon recollection can you say you

had any other paper be

sides the commission, writ, and your address?

Marshal. I cannot.

Afternoon half past 3, court met.

Marshal. I wish to inform the court that after their rising, my memory was refreshed; and in reply to a question of Mr. Ingersoll, I have to state, that I had a paper, containing instructions or advice from Mr. Dallas, which he had committed to writing.

Dallas. Was there any reason given, why I did not give verbal instructions?

Answer. It was because you wished your advice to be in writing, to shew hereafter, what these instructions of advice were, in order that no misconception should take place.

Dallas. Did you not apply to me as your counsel, and not as counsel for the United States?

Answer. I applied to you as my counsel: you have been my counsel for many years, ever since I entered on the duties of my office as marshal.

Joseph Weatherby, sworn.,

Dallas. Did you accompany the marshal when he attempted to serve his writ.

Answer. Yes, Sir: on the 25th of March I went along with the marshal to the corner of Seventh and Arch streets. When we came there, there was a centinel at the door, who presented his piece to the breast of the marshal, very near to him; I thought the marshal asked him if he knew him, and added that he was the marshal of the district: he said he knew no person; he was placed there on duty, and was to let no person enter the house. After that, a guard was marched up, and drove us off the pavement. The marshal asked the sergeant who was the commanding officer? he said he was he asked was there not a superior officer? he said there, was, General Bright: he told him to send for General Bright, which he did. In the interval of half an hour the marshal obtained the names of the guard, which the sergeant gave to him. When General Bright came, he ordered the soldiers to charge bayonet and clear the pavement of every body except the marshal. The marshal then asked him if he acknowledged him to be the marshal of the district? he said he did: the marshal gave him an outline of what was his commission, and again approached towards the door: but was again repulsed: the marshal then read his commission aloud, and told the men to lay down their arms: they answered, they would not: the marshal asked General Bright, whether, if he attempted to enter the house, would it be at the risk of his life? General Bright said it would the marshal then represented to them the circumstances of the case, and made an address.

Dallas. Were you an assistant of the marshal?

Answer. Yes, Sir.

Dallas. Were you obliged to withdraw in consequence of this opposition?

Answer. Yes, Sir: we found it impracticable to serve the process.

Ingersoll. What papers did you see the marshal have? Answer. He read his writ and commission, and he made an address. I saw no other papers than those.

William Whelan, sworn.

On the 25th of March, Mr. Smith, the marshal, Mr. Wea-therby, and myself went up to the house of Mrs. Sergeant, at the corner of Arch and Seventh streets, (with the inten

tion of serving a writ that was in the marshal's hands, against Mrs. Sergeant and Mrs. Waters) where we found a centinel posted at the door, who, on our approaching, presented his bayonet to the marshal's breast, and told him he should come no nearer the marshal asked the centinel if he knew who he was? he answered, he did not care; he was doing his duty and would do it: Mr. Smith said, I am the marshal, and have a process to serve in the house: the centinel said, my orders are to suffer no person to enter into it, and I will obey them. About this time 6, 7, or 8 men in uniform, with arms, came round the corner of Arch street, accompanied by a sergeant with a drawn sword, and stationed themselves afront of the house, ordering all persons to stand back. Mr. Smith addressed the sergeant, asking him who was the commanding officer of this guard? the sergeant said he was: Mr. Smith asked, who is your superior officer? he said General Michael Bright: the marshal requested he would send for General Bright, which the sergeant did: Mr. Smith asked the sergeant if he knew who he was? he answered yes; he knew him to be the marshal: Mr. Smith informed him he had a process to serve in the house: the sergeant replied that he (the marshal) could not be permitted to enter: Mr. Smith asked the names of the guard, which the sergeant complied with the roll was then handed us, from which we took the names of all the guard. In about half an hour General Bright appeared, and ordered the guard to charge bayonet and clear the pavement of every person except the marshal; which they obeyed: Mr. Smith asked General Bright if he knew him and acknowledged him to be the marshal of the district? he answered yes, he did: Mr. Smith informed him that he had a process to serve in the house, and requested entrance: the general refused: the marshal then read aloud the writ, and again demanded entrance; which was again refus. ed: Mr. Smith asked General Bright, if he (the marshal) should persist in entering, would it be at the risk of his life? he replied yes, it would: the marshal got a chair, mounted it and read aloud his commission as marshal, an address he had prepared, and said, I will now proceed to execute my writ: Mr. Bright replied, do not attempt entering at the hazard of your life: the marshal said, if they wished for time to reflect it should be granted: the general said they wanted no time; but resist they would: the marshal went forward a few steps, when General Bright ordered the guard to keep him off; which they obeyed by 4 or 5 of them pointing their bayonets to his breast, ordering him (the marshal) to stand

off: General Bright said his orders were to protect the ladies in those houses, and would do it. We then retired and went round to the house of Mrs. Waters, in Seventh-street, where we found a centinel at the door, General Bright and some of the other men came round and stationed themselves afront of the house: the marshal requested entrance to serve his writ there, which was refused by the general, telling the marshal that it would be at the risk of his life if he (the marshal) would persist in entering. We then withdrew, the marshal declaring if the opposition was not withdrawn, he would be under the necessity of calling out the posse of the district, to enable him to execute his writ. Benjamin Tilghman, sworn.

Mr. Dallas. Were you present at the time the marshal attempted to serve his process?

Answer. I was. I was walking near the house of Mrs. Sergeant between the hours of 12 and 1 o'clock on the 25th of March, and observed a number of persons on the pavement, also a centinel armed and in uniform walking before the door. The marshal came up and proceeded through the crowd towards the door; when he came near the door, he was stopt by the centinel who charged bayonet upon him; Mr. Smith asked the man if he knew who he was? the reply I did not hear, but immediately afterwards I heard the centinel say he was placed there to protect the ladies, and their property and would do his duty. A few minutes afterwards a number of the guard came quickly round the corner, drove back the crowd, and arraigned themselves before the door on the pavement. I observed the officer of the guard, speaking to the marshal, and the marshal writing on the crown of his hat. At this time I joined the marshal, and staid with him for half an hour; when M. Bright came he instantly ordered the guard to charge bayonet and drive back the crowd. The marshal then asked General Bright if he recognized in him the marshal of the district of Pennsylvania? he said he did: the marshal then informed him that he came to execute the process issued out of the District Court: and General Bright replied, then you will be resisted the marshal then asked if he attempted to execute his writ, would it be attended with the risk of his life? Bright said it would: the marshal proceeded towards the door, and General Bright ordered the guard to charge bayonets, and placed his hand on one of the muskets opposite the marshal's breast: the marshal then called for a chair, it having been procured, he mounted it and addressed the guard and those who were near him. He stated

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