Kentucky gazette and general advertiser — Lexington [Ky.], 1808-02-22 00:00:00, page 3

t
Note — It is neceffary to remark
that the navigation of the Mobile
which appears to furnifh the prefident
The true intention of the Contracting a motive of complaint is enjoyed by
parties being thus expressly manifested ' the Americans in confequence of a gra
I (hall content myftlf by copying a fin-'cious indulgence on the part of Spain
gle paragraph Lorn Vatel among many as no right does yet exift to navigate
other fimilai ones which I could pro- the waters of that river within the
oucefrom other civilians in fupport of boundaries of Spain who holds exclu
the rights of the King my mailer on lively that right grounded on fovereign
this lubjeA Is parapraph 274 of poffeffion on the opinions of the mod
41 The Interpretation of Treaties” Va-'celebrated civilians and fipported by
tel fays — “When we manifeftly fee the very principles eftablilhed by the
what is the fen 1c that agrees with tbe American government through the
intention of tbe contrasting powers medium of their attorney-general
it is not pci mitted to turn their words Bradford in the cafe of the prize Grange
to a contrary meaning Tbe intention taken oil the waters of the Ddeware
sufficiently known furnishes the true After this it is neceffary to confefs
Tpimatter of tbe convention of what that the animadverfions of the prefi
"K is promised and accepted demanded dent upon this head are as iMulLas
’ To violate the treaty thtT are impolitic y
to be viewed as a national offence lforrea' aUthclf extet' fr“m thor
1 mult obferve that according to my !hAv“ read rVs proved nor do 1
‘ - ° 3 think it polllble to believe that tne of-
information tne duties on imports'- - J
and exports are very moderate only
6 per cent that every power has a
right to regulate astheypleafe thefe
objects within the boundaries of their
iurifdidtion and that this exercifeof
f Sovereignty is pradtifed by the Ame
1 rican government at Fort Stoddert
that is within their lines without
any pretenfions on the part of Spain
to interfere in their regulations —
But even admitting it may be trou
blefome it never lurely can be pre
tended as a national offence
He afterwards lay's — 14 Proportions
for adjufting amicably the boundaries of
Louifiana have not been acceded to”
This affertion is not ftriAly correA :
for it is and always has been the wilb
as well as the intention of Spain to ad
just amicably the limits of Louifiana
but however friendly ( amicable ) may
have been her difpofition toward it (he
cannot faciifice thereto either thedigni
ty or rights of her crown fo that it
was not as the preiident fuppofes ow
ing to the waiit of a defire of adjusting
amicably that this bufinefs was not coi
eluded but rather from the nature of
the propofals which were in theml’elve
inadntillibie The paragraph continues
— 44 While the right is unsettled we
have avoided to change the 'Rate of
tilings) by taking new pofts or (Length
ening ourfelves in the disputed territo
ries in the hope that the other power
and granted
is to go contrary to tbe intention
sufficiently manifested rather than
against tbe terms in which it is con
ceived : for the terms are nothing
without the intentions throughout'
to dictate them" According to
this the pofition taken by the preiident
'Jfn the faid paragraph of his meffage
that the right (no doubt alluding to the
territorial right) was doubtful or unsetA
tied is inadmiffible and of roiirfe all j
the induAions and cotifequtnces hej
draws from this fuppoli I icn fall com
pletely to the ground Bcfides whate
ver alteration or change might have ta
ken place in the territories of his Cath
olic Ma jeffy could never have been as
1 have had the honour to inform you
Sir but the effeAs of a new plan ot
frontiers which the retroceltion ot Lou
ifiana would of courfe render neceffary
or elfe it might proceed frovn the cir
cumftance of Spain’s being engaged in
a war with England but never with a
view to diflurb the peace and good un
derftanding betwixt Spain and tl:
J
nited States
by arbitrary duties ad vexatious
fearches” Although this affertion
js not accompanied by anv obferva
tion whatever which might caufe it
would not by a contrary conduA ob
lige us to meet their example and en
danger conflifts of authority the HTue
of which may not eafily be controuled
but in this hope we have'now reafon to
leiTen our confidence” In truth 1 can
not comprehend what the prefident can
call unsettled right and (fill lefs if he
withes to apply it to that part of Weft
Florida comprehended within the Ivlif
ftffippi Iberville the Lakes and the riv
er Perdido The right of this territory
cannot be confidered as unsettled or
doubtful : for independent of that right
anting from aAual pofieifion and from
the treaty of retrocession of Louifiany
to France there is another exclulive
circumftance well known ta the Amen-’
can government which ouhgt and mud
diffipate every doubt if any could ever
exift on this fubjeA The mod diftin
guifhed civilians agree that the true in
terpreters of a treaty doubtful in any
of its claufes or expreflions are the con
trading parties themfelves when this
can be obtained Spain and France who
were the contiaAing parties in the trea
ty of retrocession on which is founded
that of I ale of the 30th of April from
whence the pretenfions of the Ameri
can government emanate have explain
ed it in the manner already known to
you Sir namely that it was not the in
tention of Spain to cede to France more
than fne had received from her as the)
title and word retrocession made ufe of 'Janies Madison Lsq
therein dearly imply and that France
never would have pretended or hoped to
obtain one inch of land Eaft of the
Miiliflippi Iberville and the Lakes
The prefident continues fayvngj 41 In
roads have recently been made into the
territories of Orleans and the Miffiffip
pi otrr citizen? have been leized and
their property7 pUmdered in the very por
of the former which had been a Anally
delivered up by Spain and this by the
regular officers and foldier of that go-(
vernment ”
Although I have not on this fubjcA
Jeers and soldiers of the lying my
mailer have crofted the Amei8yiv line
to commit within the jurisdiftion of the
United States the pretended infults
The first example of these inroads
was given by several American citi
who in Augult 19U4- penetrated
through the territory of Baton Rouge
and aided by the brother Kempers and
other malcontents of the Spanifh tide
made an attempt to furprife and render
themfelves matters of the fort of Baton
Rouge and aAuallv arretted tome ma
giftrates and other perfons of note On
this fubjeA I had the honour of fpeak
ing and writing to you Sir in due time'
hut I am hitherto without the leaft an-
It the teizing- of American citi
zens fu our citizens have been seiz
ed" ar-rt-ft J has any reference to the
ut the Kempers 1 mult in the firlt
place declare that accord ng to my late
information thefe Kempers are not A
merican citizens becaufe when they
lettled themfelves in the Spanilh teru
tory they became subjects of the K ing
and of courfe had loit their rights as A
nerican citizens and in the fecond
that the arreft of thefe perions accord
ing to a letterfrom Natchez of tile 8th
October latl publilhed in the United
Spates Gazette of Philadelphia
effected by negroes mulattoes and
American citizens who no ffimb
xpeAed fome recoin pence iLtk'l?veWea
them within the Spanish lines from
whence it appears fome Spanitli foldi
ers took charge of to conduct them to
Baton Rouge It is true that it has
alfo been faid that a part of a company
f cavalry commanded by a certain
Capt Jones had entered another part
if the line and had conduAed them
'elves in a violent and improper manner
towards two families but Ihould this
account be true I can alfure you Sir
that the government of the United
States fhall receive due fatisfaAion
from Spain the reputation of whofe
government is too well efiablithed to
believe it can in any manner be privy
approve of aAs as far beneath
its charaAer as they ateufelefs in their
effects Incidents of this nature often
happen on the frontiers of every coun
try and they only deferve attention
when they receive the fanAion of the
government of the aggreffors or when
m fuch cafes due fatisfaAion is refufed
I have gone over ftep by ftep the
articles of the prefident’s meffage
which relates to Spain and I have en
deavoured to prefent with candor and
truth although in a curt'orv manner
whatever may give correA ideas on its
nature and tendency Having fulfilled
this duty incumbent on my fituation
permit me to offer you Sir the fenti
ments of high confederation with which
I have the honor to be
EL MARQUIS DE CASA YRUJO
JUST PUBLISHED
BY JOSEPH CHARLES S
l’RTC- 1HKEE SHIUINGg
and fold at this office & at the (lores of
Meflrs Sam Zc Geo Trotter Wm Leavy
James W ier Geo Atider 'on James Maccoun
Geo T rotter fen Robt Miller &: J os Ifudfon
THE
KENTUCKY PRECEDE
CONTAINING
A NUMBER OF USEFUL LE5
(FOR READING AND SPfiAKtVc
COMPILED FOR THE USE OF SCHOOLS
BY A TEACHER
Next week will be published
F RFSS OY’s
GEO OR A P H Y for C H I LDREN
IN QUESTION AND ANSWER
Price three shillings
TAKEN up by Abner Vanhook living on
Indian Creek Nicholas county
ONE BAY HORSE
yi pbout fourteen hands three inches' high eipht
or nine years old blind of one eve one hind
foot white and the other looks like in has been
hurt no brand perceivable apprailed to 1 1
ty ei-ahr lioll i's ec 10 1805
more information than tliit received
through the American news-papers
whofe accounts cannot be 1’uppofJ very
impartial lievertbelels fuppoftng them
1
to pay it unlefs Compelled by law
Z Device
US is to forewarn all perfows
taking a BOND that I gave
Edward Turner for the fum ofjpels them to
7dollars 1 have paid 37 dol-jlhips of war and alto feizes andcon
lars patents — I atn determined not! derails veflels belonging to citizens
of the United Slates and their car-
“ True td his charge —
He comes the Rerald of a noisy wrtrld
News from all nations lumb’ring at Ills back”
LEXINGTON FEBRUARY 22
Communicated
Afr Bradford
I have for some time been looking- with J
anxious expectation for the accomplishment oij
promise which the Revd Author of tlic
“ Review of the Noted Revival in Kentucky j
made four years ago to the purchasers of his
pamphlet— I am sorry that his negligence has
given an occasion to some (who I suppose
are not very friendly to him) to insinuate that
that promise was made solely with a design to
promote the sate of his publication without
any intention on his part of fulfilling it — If his
“ tongue ” has not yet “ cleaved to the roof of
his mouth and his right hand forgotten fftr cun
ning urge him to lead us once more-to the
“top of Mount Risgah and give us another
glorious view ! !
A Purchaser of the Review
This day’s mail has furnished us an addi
tional stock of information The most impor
tant is the conclusion of PEACE between the
Emperors of France and Austria
An extra Clnllicothe paper of the 12th inst
contains the following —
The governor has this day received an ex
press from maj Moore in the upper settlements
of Mad river enclosing depositions taken be
fore judge M'Cullock one of the associate
judges for Champaign county — stating that
the Shawney Indians are embodied at Stoney
creek at White river and are in council near
Greenville that runners are sent from place to
place throughout the nation that their toma
hawks are painted and feathered and that it is
dreaded and expected they are about to strike
the war post in their council From which
nd other circumstances it is feared they arc
bent on making war A small settlement on
Stoney creek consisting of eight families have
been obliged to arm and have all removed into
Mad river a distance of ten miles
W e hope and trust such measures will be pur
sued as will quiet the minds of the people in
that quarter if the alarm should be occasioned
either by improper intercourse or artifically
excited or if real that a check will be given
to the Indians sufficient to bring them a
sense of their danger &c &e before nuiqli ’
jury is sustained
We underftand that col Burr has
been appointed Minifter Extraor
dinary from the United States to
the courts of St James and St
Cloud ( Com Adv
RICHMOND Va Jan 30
Extradl of a letter from a member
of Congrtfs to a member of the
Houfe of Delegates dated Wafli
ington 21ft Jan i8g6
44 Nothing has happened here that
I am at liberty to communicate
worth your attention except the
conduct of the Spanifh minifter —
The Marquis you know has his re
fidence generally at Philadelphia
His condudt has been fo difobliging
to the government that hs recal
was requeued This requifition met
with due attention at the couof
his Catholic majefty but a?he
himfelf had fignined a defire to re
turn home his government wilhed
if it was agreeable' to ours that it
might affume the fiiape of a volun
tary aft to this there could be no
reafonable objection and it was con
fected to — Hearing he was about
leaving Philadelphia for this place
it was hinted to him that his pre
fence would-not be agreeable Dif
regarding this intimation he came
and upon hisjarrival an official note
was addreffed to him defiring his de
parture To this he wrote an an
lwer full of infolence and abute and
continues here his party declaring
that he is veiled with full powers to
aojuft all differences with us and’
complaining of the ccndudl of the
executive in not-leeing him This
courte he has undoubtedly adopted
to render the government unpopu
lar for I cannot believe it is a fadl
that his mailer would truft to his
care fuch important negociations
after the application for a recall —
even if true thedignity7 and honour
of the government forbids his recep
lion aftety what has pafied I bslleve
it has been ferioufly deliberated whe
ther it would not be proper under
his prefent condudl to feize and (hip
him
“ This evening Mr Madifonj
a fall from his door fteps Iras eitl'
fprained or dillocated the pan
knee”
WASHINGTON CITY Jan 29
Mr Gregg offered the following
refolution to the Houfe of Repre
fentatives of the United States on
Wednefday laft which was ordered
to he printed
Whereas Great Britain impreffes
citizens of the U States and com
ferve on board her
goes being the bona fide property of
- ! manded fatisfadlion therefor but
Married on Tuefdayeveniuglaft without effedl
y the rtv- Adam Rankin Mr Nu- Therefore Refolved That nn
gent Gardiner of Frankfort to Miss' u equitable and latisfaUvry ar
Polly Van Peit of this town jrangements on thefe poinkfhall be
made between tbe two governments
Ju is expedient that from and after
! the -day of no goods
wares or 'merchandize of the
&rowth product or manufacture of
Great Britain or any of the colo
nies or dependencies thereof ought
to be imported into the U States
Provided however that whenever
arrangements deemed fatistatWy
by the Prefident of the United
States fhall take place it fiiall be
lawlul for him by proclamation to
fix a day on which the prohibition
iforelaid fhall ceafe
lly this
day's
Mai
PHILADELPHIA Feb 5
We ftop the prefsto infert the fol
lowing articles received by the
fouthern mail Details in our next
Baltimore Feb 4
Capt Pierce of the fhip Harriott
arrived laft evening from Batavia
politely furnifhed us at a very late
hour through the hands of an oblig
ing commercial friend with the
London Sun of the id December put
in his poffeffion by the captain of the
Britilh Barbadofcs packet Windfor
Caltle which he fpoke on his paf
fage containing the following high
ly important ftatentent of the Signa
ture of a separate 7 reaty between the
Emperors of Je ranee Austria un
der tbe walls of Vienna
iffe 2-
London
We on Saturday laid be1
beh-e our
readers the diftreffing intelligence
received from Holland of the iigna
ture of a treaty of peace between
the emperor of Germany and the
French The following is the let
ter from the Dutch admiral Kikhert
“ Brutus Nov 24 1805 — Rear
admiral Kikhert has the honor to
inform the commander of any£his
Britanic majefty’s fhips which te) 11
the coaft of Holland that tfie im
portant intelligence of peace having
been figned between his majefty the
emperor of the French and the em
peror of Germany under the walls
of Vienna has been received by an
extraordinary courier and that the
conditions were fo fettled that un
til the ratification of the treaty Ve
nice and the whole of the Tyrol
ihould continue in the handof the
French
“ The archduke Charles is dead
with chagrin and fatigue A more
detailed account is every moment
expedled of the conditions of the
treaty among which it is faid there
is an article ftating that the go
vernment of Auftria is to pay to the
emperor of the French forty mins
“KIKHERT”
American citizens noVcontirburd
of war and not proceeding toplates
befieged or blockaded under tiie
there
pretext of their being engaged in
time of war in a trade with her e
nemiesin time of peace
And whereas the government of 4'ar from ordering them to be
the United States has repeatedly
remonftrated to the Britifh govern
ment againft thefe injuries and de-
NE WA ORK February 3
Official advice from Germany t per monon the Cunplaj nantV y j
the ship Nancy from St Lucar anter K Marffiall his cornlel
from tbe American Conhil
The 13th Nov laft t fie French
army entered Vienna The fmperi-j
al Auftrian court has retired to Bri
ms in Moravia The 14th a body
of the French army enterect Pref
hurg in Hungary The fa tne
his imperial and royal da jeftv N
leon organized uftria into a
vernment Gen Clark is appoint
ed gov general — each of the con
quered circles are placed under the
direikion of a fuperintendency
V ‘ ‘ Mons D Arm coimcellor of
is appointed fuperintedant of
Oral
“ The Ruffian army has effere
capitulate provided they may
permitted to return to their eoun
try His imperial majefty Francis
2d vould wilh to make a like capi-jlars
tultion
Several bodies of the French ar
my were in purfuit of the Ruffians
who were in full return tow
Irunn'
“ Tlie Germans write that’
R ruffians in their retreat commit
many violences robbing plunder
ing and murdering as they go along
Gen Kleene was entering Bohemia
I he kingdom of Hungary offers to
capitulate which wilt he granted
Near 3000 pieces of brafs cannon
& about 200000 nutOceiS h7”
vt been
A JeUcT received v
nited States Ch" of the U
Had ru-dv-p7’ Ur statts IhM veil Matjk
1ns appontti pit
were 1:1 Italy du-ring the I alt
war with the emperor Napoleon w ho
con-
ligned over to a council of war to
take their trials ibid to them “ Ye
have no other country left to eni i
grateto ye are pardoned return tj
your country and follow the exam
ple of your glorious countrvnieh”
The above news is confirmed bv
capt i aber irom Tonningcn
1 A letterfrom a relYn Able gentleman
it St Croix of’ tbe 5th Jvin fays we
have nothing new here except the re
capture of the Cork fleet and the taking
of the Rochefort fquibin by Admiral
Sterling— 15 fail of tl cm have arrived
at Rarbadoes
We learn fiom ca t Aitkins of tbe
(hip Samryfon arrived yeflerday from St
Ubes that lie Was &t Lifbon the 12th
December At tl at time it was correct
ly reported and believed at 1 ifoon that
Bonaparte had taken pofteflion of Vi
enna and demanded an imi enfe con
tribution in money of the irhabi-ams
and threatened if they did not comply
with I is terms fo di fiiby the city
'1 h'e French privateers Napolean and
Regulator were captured near Henega
by the Britilh Sloop of war Wolf
A vellel arrived at Boffcn from Hal
ifax which the left Decembe 22 brings
the following important Intellegence
juft received from Liverpool when the
failed viz
As the veffel which brought the news
to Halifax was catting hft news was re
ceived (and and all the bells were ring
ing) that Sir John Moore lvad fuddenlv
embaked 12000 troops joined Sir Sid
ney Smith difciTibarea at Boulogne at
tacked and carried the batteries Napo
leon having only 4000 men to defend
them that the guns were fpiked Sir
Sidney Smith puthing his fquadron into
the harbor entirely destroyed tbe whole
vast flotilla ! I A report was in ciiucla
tiou on the day the veffil left Liverpool
that a fubfequent aAion had taken place
off Cadiz ending in the entire dcttruc
1011 (capture) of Gravna’s fquadron ! !
V
J
I March
taken Among the great number or
prifoners made by the French army
there werp an infinite number of
French emigrants particularly fome
STATE OF KENTUt-ivV id
M json Circuit Court December term 1805
John Naylor complainant D Chancery
against J and
Joseph Doimer defendant- j Injunction
i’HIi defendant not having enter
ed his appearance herein agrPuhly
to law and the nlles of this cijUtlr
and it appearing to the fatisfaaiok
of the court that he is not an inha
bitant of this commonwealth on The
A
2SX
a tt is
’ ordered that the faid defendant do
aPFear here on the thivd day of our
next May term and: an Twer the
complainant’s bill v that the fame
will be taken as confe fieri agaih-ft himB
and that a copy of Ylns order be
forthwith infertedL in iomeautoori
ied paper of Kentucky fofi tight
weens fucceffively
A copy Telle
llj- Francis Tayibr Clk
give a CONCERT ot Vocal and Instrumental
Musk Feb 22
WILLIAM WRIGHT
RESPECTFULLY informs bis friends and
the public in geneual that he carries on the
Black Smith's and Waggon making
Business J
on the Limeflone road three miles from Lex
inton and two miles from Bryan's Itation
where he will at all times be ready to receive
commands in either of thofe branches ot bnfi
nets which will be executed on low terms
for calk He has on h and a large ftock oi tim
ber oft lie be ft quality
tt February 2i
John thomas
HAS opened a Houfe of Entertainment on
t Be
WILDERNESS road
fix miles eaft of Little Rock-Caftle at tlfij
58 mile tree where Travellers may be fu
nifhed at all tirnes with oars at three (hillings
and nine pence per bufhel and whifkeyat
one fhillinr aud fix pence per quart and other
accommodations in propoition He hopes
from b’s attention to his guefts 10 be favored
with a portion of the public patronage- 31
& years old 14 hands 3 inch
ftur and fuip branded on
the rear thigh With a heart and on
the nt ar flioulder fuppofed the
hut not plain appraifed te 6q dol
Alfo a
Lay Horse Colt
rifing three years old about 13 hands
high no brand perceivable apprai
fed to 16 dollars 50 cents Jan t
1S06
A copy Teft
John Hawkins Cff S C
1 A KEN up by
iobel t Alcorn
of Jeflamine co’
nty near Gogginffi
f-11) on th c Rentucky river a
BAY MARE
4ihands high four years old ne
’Taken up by John A MillerON
miles from Georgetowu Bourbon
road a "
Dsark Roan Horse
rifin "
es high a
fpring appraifed to 40 dollars be-
fore me this t6ch day of December
1807
A copy Teft
j- John Metcalf fp J- - -
On Monday eveniiig the J
arch the Kentucky Musical Society will r
V
£
7