The Kentucky gazette (Lexington [Ky.]), 1797-10-04 00:00:00

ZOHAMAR.
No. II.
To GATUS.
THE principal object of this paper is, to suggest to you some cases proper to be laid before the next assembly, and thence referred to the general court, for their decision, on the principles developed in my preceding number. To you however I shall submit their revision.
First. It is a fact, of general notoriety that many of the early entries for land were vaguely made, and have been erroneously surveyed. Other entries made with more certainty, have also been surveyed by large deviations from the location. It is also a well known fact that these lands are generally covered by other claims—many of which have been entered subsequent to the erroneous survey. Hence results an important question of law—Can a survey made contrary to entry, hold the land, under any circumstances, against a subsequent special entry carried into full effect according to law? And what is that circumstance? Shall previous notice actual, or implied, of the erroneous survey, to the person making the subsequent entry, be sufficient to establish the former against the latter? We have all an idea of actual notice, but what shall be presumptive notice? Shall notice be invariably presumed, from the date of the survey—from the end of three months—within which time the law requires the survey to be entered on record—from the end of twelve months, the time the law requires the survey to be registered,—and after the expiration of which time, the surveyor may give out copies freely—from the expiration of eighteen months, the extent of the time indicated by law for getting a patent—from the actual issuing of the patent—or from what other time, fact, event, or circumstance, shall notice in such case be presumed? Or shall no length of time, period, fact, event, or circumstance, give complete validity to a title for land, derived from a survey made without a previous entry therefor; or derived from such part of a survey, as shall have been run contrary to entry?
Secondly. Again, it is no uncommon case that two surveys, both run contrary to entry, interfere with each other in the erroneous parts. Upon what principle shall the one take the preference of the other? Shall the oldest patent invariably hold the land? Or shall the first survey countervail the oldest patent? Will notice of the first survey, to the person making the subsequent one, who shall afterwards obtain the oldest patent effect the validity of such patent in a contest between the two? And if notice be material in this case, shall it be distinguished into actual, and presumptive,—and shall presumptive notice be governed by the same principles, as in the preceding case of subsequent locators?
Thirdly. After what particular stage, if any, in the progress of completing a title to land from the entry, to the patent, or afterwards, shall the owner of lands, be restrained from altering a survey once made? Shall he for ever retain the right to alter his survey—or shall he lose that right by once surveying—or by depositing the plat and certificate with the surveyor—or by the same being put on record—or by the same being registered—or from the time, after which, the surveyor may lawfully give out copies—or after a patent has actually issued thereon?
Fourthly. When an entry calls to adjoin the above entry, and there are several entries on the same page—shall it be held void for uncertainty; or shall the construction be, to adjoin the next entry immediately preceeding?
Fifthly. When an entry calls to adjoin the entry of a certain person, or persons, without other locality, or such only, as is common to other entry or entries of the same person or persons and he or they have several entries—shall the entry made with such call as aforesaid, be held void for uncertainty, or shall the construction be, to adjoin the entry next preceeding, belonging to the person or persons named?
Sixthly. When an entry calls to be-
gin at a known place on a water course and to run up, or down, such water course a given number of poles without saying with the meanders—or on a reduced line; shall it be held void for uncertainty; or shall the construction be to run the distance called for on a reduced line, or otherwise? And shall the same rule apply to all water courses without distinction, or shall it be varied, and upon what principle?
Seventhly. When an entry calls, to adjoin a preceeding entry on a certain side, shall it be held to the extent of the side called for, and thence off for quantity; or shall it be contracted to a less extent than the side called for, or may it be extended beyond the side called for, each way, or either way, and if contracted to less, or extended to greater space than the side called for, upon what principle can such contraction or extention take place?
Eighthly. When an entry calls for a marked tree, camp, or other object upon one river, creek or water course, by name or certain description, can evidence be admitted to prove, a marked tree, camp or other object called for, on another river, creek or water course, by name or description?
Ninthly. When an entry refers to a water course, and calls to run the same course, up or down, a given distance, shall it run parallel with the meanders of such water course the distance called for; or shall it run parallel to a reduced or straight course taking into consideration the part of the water course referred to, and the extent of the line to be run? Or is there any other permanent principle of construction which ought to govern in such cases—and what is it?
Tenthly. When an entry, referring to a particular part of a river or other water course, shall call to extend out from the river or other water course, shall it be run out into the body of the country without regard to the meanders or general course of the river, or other water course, or shall it be construed to run out at right angles from the river or other water course referred to, or by what principle shall such entries be construed?
Eleventhly. When an entry, either as to its beginning, or other call will bear two or more meanings, shall it be construed most favorably—or most unfavorably, to the claimant under it? Or by what principle shall it be construed?
Twelfthly. When an entry calls to begin a certain distance from a known place, on a river, creek or other water course, without saying with the meanders—or on a straight line, by which mensuration shall the true beginning be ascertained?
Thirteenthly. Are all entries invariably which have not fixed courses to be run to the cardinal points? If not, how should they be run?
Fourteenthly. Are all entries indiscriminately which have no fixed distances, determinable by one or more given lines, and the quantity; to be surveyed in exact squares? If not, how should they be surveyed?
Fifteenthly. When a part of an entry has been withdrawn, without describing the part withdrawn, or how the balance shall be surveyed; is the whole entry destroyed, or shall the remaining quantity be surveyed on the first given line if there be one, or in the terms of the original entry, if there be no given line, or if on neither of these principles, then on what other principle can any such balance remaining, be surveyed?
Sixteenthly. When part of an entry has been surveyed, and that part run contrary to entry in a greater quantity than the balance remaining to be surveyed, is the balance void for uncertainty; or can it be surveyed within the original entry wherever the claimant shall please; or only where an adverse claimant under another entry shall assign; or if more claimants than one, upon the youngest claim?
Seventeenthly. When an entry calls to begin on a river, creek, or other water course, at the mouth of a creek, run, or branch, or some other object not particularly designated, but supposed to be about a given distance from some known place; is the entry void for uncertainty; or shall it be construed to attach to the nearest object of the kind called for to the supposed distance, and shall the distance be determined by measuring with the meanders of the river, creek or other
water course, on which the beginning is laid to be, or on a direct line; or upon what other principle, if any, shall such entry be established?
The next number will contain a variety of cases and among others, that of the county court preemptions. Sept. 17, 1797. ZOHAMAR.
RATISBON, July 17.
The emperor has already, as chief of the empire, taken the side of the oppressed, and produced the last mandate from the aulic council of the empire against the king of Prussia. In the present state of affairs, the first measure which the aulic council will take will be, according to the Germanic constitution, to invite some powerful estate of the empire to execute the sentence, and to put the states in possession of what they have so unjustly lost through the vexation of the Prussian cabinet. Every thing announces that it will be the emperor, in his character as chief of the house of Austria, who will execute the sentence. If the emperor accepts it (as it is presumed he will from what is past) we shall see a new war break out between the two powers who naturally detest each other.
Already the Austrians are making great preparations to open the campaign against the Prussians. A new corps, consisting of 10,000 men from the armies of the Upper and Lower Rhine, who were cantoned between Frankfort and Heilbronn, are marching into the environs of Wurzburg; the troops encamped in the Upper Palatine are reinforced; the fortresses of Ingolstadt, Ulm, and Wurzburg, are fortifying with all possible dispatch, so that the Prussian possessions in Franconia are surrounded on all sides. The Prussian cabinet, foreseeing this threatened danger, have marched a corps of 10,000 men, who are now in the Duchy of Magdeburg, in the circle of Franconia. We are assured that celebrated general Kalkreuth is going to that part of the country.
July 18.
The Imperial court has published a declaration stating, that through the means of the Arch duke Charles, it has applied to the French general for a suspension of all hostile proceedings throughout the empire, and that general Moreau had given the most satisfactory assurance on that head.
BAREUTH, July 2.
The following edict, published in the gazettes of this town, gives us every reason to fear the flame of war will soon be kindled in Germany between the king of Prussia and the emperor.
STATE PAPER.
“Frederick William, by the grace of God, king of Prussia, &c. &c. &c.
“Having understood that the Aulic council of Vienna having adopted, without ever consulting us, different measures, on the request of one party, and wholly to the advantage of the complainants, by which they have attacked us and our rights, and dissuaded our subjects from performing those obligations which they have contracted on oath with us, and have even formally summoned those of the equestrian order not to regard us as their sovereign.
“The measures which they have adopted by printing and circulating them, to mislead our subjects, are,
1st. A mandate of the Aulic council, dated March 17, 1797, on the subject of the claims of the sovereignty of Brandenburg against the bishopric of Eichstadt.
2d. A conclusum of the Aulic council, of the 23d of March, concerning the pretensions of sovereignty of Brandenburg against the equestrian order in Franconia.
3d. Idem, of the 8th of April and against the Imperial town of Weissenbourg.
4th. Idem, March 5, &c. &c. against the elector of Cologne, as grand master of the Teutonic order.
5th. Idem, May 9, &c. against the imperial town of Nuremberg.
“Considering what the laws of the empire prescribe, we can by no means regard, nor will regard these measures as legally valid and obligatory; but, on the contrary, we must consider them as real encroachments on our rights of sovereignty, and peculiarly prejudicial: We, in consequence therefore solemnly and seriously, by the present patent, advise and forewarn all those
of the equestrian order who have hitherto belonged to the cantons of equestrian order of the empire, as also all other persons whose sovereigns belong to the equestrian order, or are neighboring princes, not to swerve in the least degree from their duties as subjects: we assure them that our intention has never been to interfere with the oath which they have taken to their respective sovereigns; and we promise to protect them with all our power against every one: at the same time we would apprise all those who shall attempt to dissuade any subject from his due allegiance to us, that they will be prosecuted in the most rigorous manner.
Given at Berlin, June 14, 1797.
(Signed)
“Frederick Guillaume.
“Fenikstein Alvenleben,
“Hardenberg Haugwitz.”
[The date of this state paper is prior to the account published many days since in the Aurora, of the king of Prussia's having seized two fairs near Nuremberg.]
LONDON, July 17.
The extraordinary preparations for War are on the part of the king of Prussia, of which we have received intelligence by the Brussels papers, now appears to have been undertaken with a view to hostilities with the court of Vienna. The important state paper may be considered as a prelude to the commencement of a war between Prussia and Austria.
The king of Prussia's having opposed the decree of the Aulic council against his usurpation in Franconia, is confirmed by the mail which contains his proclamation on this subject. Every thing seems to threaten a rupture between the two courts of Berlin and Vienna.
The equipage of the arch duke Charles is arrived at Schweitzingen.
Prague is putting in a complete state of defence.
The troubles at Turin go on increasing, and 10,000 French troops have marched for that capital.
A strong fleet has failed from Venice with a large body of French and Venetian sailors on board for the Venetian islands in the Levant.
July 19.
The hopes we entertained that the present struggles between the majority of the legislative body and the directory would not affect the public tranquility, are rather disappointed by the late Paris papers, which seem to announce a more serious result of that conflict than we were inclined to expect.
We have not been negligent of any opportunity that might offer to inform ourselves of what is passing at Lisle; but the following letter which we yesterday received from a gentleman there, shews the difficulty of ascertaining anything very correct respecting the negotiation.
LISLE, 5th Thermidor, July 25.
“Sir.
“I have received your letter, wherein you desire me to send you a bulletin respecting the state of the negotiations, carried on by Lord Malmesbury and the French plenipotentiaries.
“I shall feel extremely happy to satisfy you on this point, but nothing transpires of what is passing that can be depended on; and I shall not wish to mislead you. To prove to you with how much secrecy the negotiation is conducted, I must inform you, that even the French plenipotentiaries do not see each other but at the time and place of their sittings, that when they meet, they communicate their ideas and observations in writing to one another, and receive the answers in the same manner; which, at the close of the sitting, are sealed up, and the plenipotentiaries withdraw.
“This is all we know of the negotiations, and consequently it is utterly impossible that any public print should give the least information on the head which can be relied on. Lord Malmesbury and la Tourneur never see each other but on matters of business, when a note is always previously sent, requesting an interview.”
July 25.
Yesterday morning dispatches were received from the admiralty from commodore sir John Borlase Warren, containing the pleasing intelligence of the squadron under his command having intercepted a French convoy, and captured seven ships, laden with pro-

visions, on their passage from Nantz to Brest, for the purpose of supplying the fleet at that port with their cargoes. The gallant and indefatigable Commodore, we are happy to add, has also driven a French frigate on the Penmark Rocks, and destroyed a corvette of 12 guns, and a large vessel laden with timber, which he could not bring off. It is but common justice to his merits to say, that there is no officer in the British navy to whose activity the country owes more than to Sir John Borlase Warren.
NEW-YORK, Sept. 12.
The accounts received by the late arrivals from Europe, though as late as the second of August, contain nothing decisive with regard to the present important crisis. With respect to the negotiations for peace, the English news papers inform us at a considerable length, that no body knows anything about the matter, and important accounts are published, from time to time, containing all the particulars of their being no wiser than they were before.
The British parliament is prorogued to the 5th October next; the king in his speech on this occasion mentions his engagements with the present emperor of Russia as only commercial.
Cadiz was bombarded on the 3rd and 5th of July; a circumstance which appears as yet to have produced but little effect besides the flight of the women and children from that city, and consternation among the merchants: Two thousand shells, however, thrown in one night may have done more damage than the sufferers with its own or the assailants to boast of; bombardment of the town being a great stretch of the laws of war, and only used as a dernier resort.
Italy is represented as still revolutionizing; Switzerland shewing symptoms of the same nature—The emperor of Germany and the king of Prussia on the eve of a war—and in short the same scene of battles and treaties, intrigues, quarrels and negotiations, for which Europe has long been infamous, and from which may heaven preserve America. [Diary.]
WINCHESTER, September 15.
One day last week the hon. Senator Blount's Dear Carey was conveyed through this town to Philadelphia. It is to be hoped the Committee of Congress, before whom he is to appear, will obtain from him some precious confessions.
By the last accounts from Philadelphia (the 8th inst) we are sorry to say, the yellow fever appeared to be on the increase.
For Sale.
IN LEXINGTON,
The corner of Main and Cross Streets.
The corner of Cross and Water streets. The Stone House on Water street, and that Commodious House and lot on High street. For terms apply to M j . James Morrison in Lexington, or to the subscriber, on Main Elkhorn, six miles from Frankfort.
BENJ. S. COX.
September 25, 1797.
TAKEN up by the subscriber, on the waters of Licking creek, a bay Mare, about fourteen hands high, nine or ten years old, branded on the near shoulder 7B, off hind foot white, had on a six shilling bell, branded IS, appraised to 7L 10s.
Richard Churchwell.
Strayed or Stolen,
FROM Lexington on the 22th of August last, a dapple, or iron gray Mare, five years old, about fourteen hands and an inch high, branded on the near jaw thus S, well formed, a natural trotter, a long swab tail, has been bobbed but is grown long. Whoever will secure her and deliver her to William Simpson in Lexington, shall be generously rewarded, and if stolen, for the mare and thief I will give fifty dollars reward.
Andrew Barnett.
September 29, 1797.
RAN AWAY, on the 10th of this inst, a negro man, named DICK, twenty three years old, stout and well made, five feet, eight or nine inches high, blind of the left eye, had on a grey coating coat, tow linen shirt and overalls, a wool hat much worn—carried with him a light colored minkin coat, and mouselin jacket &c. Any person apprehending said negro, shall receive Five Dollars reward.
Edward Hughes.
Denville, 23d Sept. 1797.
LEXINGTON.
Wednesday, October 4, 1797.
The following circumstances of a duel, was transmitted to us for publication, in a letter from Post St. Vincents dated Sept. 13, 1797.
“An affair of a very serious nature took place here on Sunday last, between Gideon Davis Pendleton, an attorney, and Joshua Harbin. In consequence of some attempts made by Harbin to injure the character of Pendleton, Pendleton challenged Harbin to a Duel—they met on the opposite side of the river from the village without seconds—Pendleton requested Harbin to lay off the ground, which he agreed to do, if Pendleton would lay down his pistol, with which he complied and advancing towards Harbin unarmed, Harbin fired on him, the ball past through his breast, he ran about ten paces and fell dead. Harbin then went to Pendleton's pistol fired it off and returned in triumph, saying Pendleton fired first!
At a meeting of a number of the inhabitants of the town of Lexington, at Mr. Pottlethwait's, September 30 1797.
Resolved unanimously, That we consider the practice of gaming as highly prejudicial to the welfare of the community; and that we will discourage it as much as is in our power, both by our precept and example.
Resolved unanimously, That the permitting or encouraging of youth to follow this pernicious practice, must certainly deprave their morals, destroy their health, take them from their lawful business, and finally end in their ruin, with great injury to their parents and masters.
Resolved unanimously, That any citizen of this town, who shall hereafter encourage, or knowingly permit such a practice to be carried on by any of the youth of this place in his house will be unworthy of the countenance of his fellow citizens; that we will discountenance every such person, and will prosecute him for such infamous conduct as far as the laws of our country will justify.
Resolved unanimously, That we will, as often as we shall be well informed of such practices having been carried on by any of the youth of this place, give immediate information of it to the parents or masters of such youth.
  Thomas Hart,  John M'Chord,    William Leavy,  James Brown,    James H. Stewart,  James Hughes,    James Trotter,  Samuel Ayres,    Peter January,  James Moody,    S. Price,  Joseph Hudson,    James Morrison,  Robert Barr,    Samuel Downing,  George Nicholas,    George Anderson,  T. Shreshly,    George Mansell,  John W. Hunt,    John A. Seitz,  John Bradford,    F. Ridgely,   
TO BE SOLD TO THE HIGHEST BIDDER,
ON Thursday 2d day of November next, the tract of land where capt. John Ellis, deceased, formerly lived, containing 348 acres, lying 8 miles from Lexington, on the main road to Clarke court-house, by way of Strode's. There are three improvements on said tract, one containing 70 or 80 acres cleared, a frame dwelling house, 34 by 22, with three rooms below and two above, two stone chimneys with two fire places in each, a good kitchen and meat house, a large hewed log barn, with several other convenient houses, a peach orchard of about 500 trees, and a small apple and cherry orchard. There is about 30 acres cleared on the other two improvements, with several good cabins.
Also, a small tract of 47 acres, lying within half a mile of the above, there is a good cabin on it, and 7 or 8 acres cleared. The whole of the land will be sold together, or in parcels, as it will best suit the purchasers on the day of sale. There will be twelve months credit allowed the purchaser, his giving bond with approved security, bearing interest from the date, if not punctually paid. Attendance will be given on the premises by.
  Timothy Parrish,  Guardians.    James Parrish,    Lincoln Burdage,    John Martin,    Robert Buckner,    Jacob Fishback,     A. Montgomery,   
Sept. 27, 1797.
At a meeting of the board of trustees of the PENNSYLVANIA SEMINARY, on Monday, October 2d, 1797.
Resolved, That this board do now adjourn to meet again on Tuesday the 10th inst. at the seminary, at 10 o'clock A. M. where it is particularly requested, that the members be punctual in their attendance, as there is a President to be elected on that day.
By order of the board.
B. J. BRADFORD, Clk.
TAKEN up by the subscriber, in Clarke county, on the Kentucky river, two sorrel mares, 3 years old, 1 chestnut sorrel about thirteen hands high, with a blaze face, the other is a bright sorrel with a white main & tail, and a small star in her forehead, no brand perceivable, appraised to 12L.
THOMAS ELLIOTT.
July 26.
WILLIAM REED,
CHAIR MAKER
WISHES to inform his friends and the public in general, that he has re-commenced the chair making business, at his shop on Main street, next door to lawyer Hughes's and Capt John Pottlethwait's, where any person favoring him with their custom may depend upon having their work well done, and on the shortest notice.
I would take a lad about fifteen or sixteen years of age, to learn the chair making and house painting business.
NICHOLAS BRIGHT,
BOOT AND SHOE
MANUFACTURER.
RETURNS his thanks to his customers for their past favors, and hopes by his attention to business, to merit them in future. He begs leave to inform the public in general that he has removed his shop to face the public square, two doors from Mr. Brent's tavern—where he continues to carry on the above business, in all its branches. He will give generous wages to three or four good journey-men.
Lexington, September 10.
Take Notice,
THAT on the twenty ninth of October next, I will attend with the commissioners appointed by the county court of Hardin, on an entry made in the name of John Larue, upon a part of a treasury warrant of six thousand acres, lying on Ohio, opposite to the black oak grove, where John Pen's land is entered; beginning on the under bank, and running up the same, so far as land is found vacant Then and there to take on oath the depositions of sundry witnesses, to a certain the special calls of said entry and perpetuate the testimony thereof, and to do such other things on the premises as the said commissioners are authorized and required to do by the act of assembly in that case made and provided.
Isom Inlow.
NOTICE,
THAT whereas John Hickman, on 25th day of April 1780, made an entry of 2000 acres in Kentucky, in virtue of a warrant for military services performed by him in the last war, lying on the head of Little Kentucky, and Bartlett's Folly, a branch of Orenian's creek, running in on the north side to include the head branches of both creeks:—and the county court of Shelby at their July term, appointed certain commissioners to ascertain and prove the special calls in said entry, under the act of assembly in that case made and provided. This is therefore to notify all persons concerned, that I will attend with said commissioners, on the said entry, on Tuesday the 7th day of November next, in order to take the depositions of witnesses to ascertain the special calls in said entry and to do whatever else the said commissioners shall deem necessary to perpetuate the said claim, agreeable to the said act of assembly.
CHARLES LYNCH, for JOHN HICKMAN.
September 19, 1797.
I WILL exchange my house and lot, in Louisville for likely young negroes, and approved bonds.
R. DICKINSON.
Beargrass, Sept. 26, 1797.
Public Notice.
HAVING obtained from the county court of Bourbon, an order appointing commissioners to perpetuate testimony respecting an ash tree, marked F, being the beginning corner of my entry, for 400 acres, made with the surveyor of the then county of Fayette, on the 9th day of January 1783, upon two treasury warrants, No 9119 and 9118, on the dividing ridge between Hingston's fork of Licking, and the salt spring fork. All concerned are therefore desired to take notice, that on the 27th day of October 1797, I shall by my attorney in fact, attend with the commissioners at the said ash tree, being the beginning corner of my aforesaid entry, when and where, I shall take depositions to perpetuate the same, and do further acts as may be necessary thereto, and the law may authorize.
AMBROSE RUCKER.
Franklin District (to wit.)
August Term, 1797.
John Patrick, Complainant, AGAINST James Wilkinson, and McConnell's heirs et al Defendants.
IN CHANCERY.
ON the motion of the Complainant by his counsel, and it appearing to the court that the order to advertise, formerly awarded herein, against the defendant Wilkinson, has not been published agreeably to law, and the said James still appearing to be no inhabitant of this state & having also still failed to enter his appearance herein agreeably to a rule of court—It is therefore ordered, that the said defendant do appear here on the third day of the next December term of this court, and answer the bill of the complainant—and that a copy of this order be inserted in the Kentucky Gazette for two months successively, and published at the door of Hickman's meeting-house on some Sunday immediately after divine service, and at the front door of the state-house in the town of Frankfort.
(A Copy.) Teste, Willis Lee, C. F. D.
Notice.
COMMISSIONERS appointed by an order of the court of Hardin county will attend on Thursday the 10th of October next, if fair, if not, the next fair day, to take the depositions of witnesses, and to perpetuate testimony respecting the following entry, viz. “Michael Mires enters 550 acres on a treasury warrant, No. 4838, on the waters of Otter creek, about three miles from John May's entry of 2000 acres, at the beginning of said land on a Spanish and white oak, marked IT, MC.
MICHAEL MIRES.
NOTICE,
IS hereby given to all persons claiming lands on Pitman's creek, near the mouth, in Green county, that I shall attend on the twenty fourth day of October next, with the commissioners, in order to take depositions respecting a certain tract of land on Pitman's creek, near Green river, granted to col. John Harvie and Christopher Clark, at a certain spring about two miles and a half from Pitman's station, the said spring is near the Cumberland old trail, and within one hundred yards of a marked forked chestnut tree, which tree is the beginning of said land.
Micajah Clark.
Attorney for Christopher Clark: Sept. 23.
Take Notice,
THAT the twenty third day of October next I will attend with Commissioners appointed by the county court of Shelby, at an entry made by Isaac Larue, of five thousand acres the third of February 1783, upon part of a treasury warrant number 14784, to adjoin James Larue's entry, about two miles east of Jephtha's mountain, on the south side, and beginning one mile west of his south east corner; then and there to take on oath the depositions of sundry witnesses to ascertain the special calls of said entry and perpetuate the testimony thereof and to do such other things in the premises, as the said commissioners are authorized to do by the act of assembly in the case made and provided.
ISAAC LARUE.

SACRED TO THE MUSES.
FRGM. THE GREEK OF BION. If God, or Fate, to man would give In two successive states to live; The first, in pain and sorrow pass'd, In ease, content and bliss, the last, I then would rack my anxious brain With study, how that state to gain, No task too hard, too rough no road, That led to that serene abode— But, since to all impartial Heaven, One fleeting life has only given, 'Twere madness, sure, that time to waste In search of joys I ne'er can taste; What hope can bloom on life's last stage When each delight is pall'd by age!
An English country paper asserts, that Lord Meath, who was lately killed in a duel in Ireland, has since recovered.
The public, I presume, has seen a piece inserted by Benjamin S. Cox and Joseph Fenwick, in the Kentucky Gazette, with the design of injuring me, in the sale of my lands. Their publication (malicious as it is) should pass un-answered, but that I am apprehensive my silence might be construed into a confession of their charges and an acknowledgment of their claim.—Now I do assert that I never sold land to Daniel Broadhead, nor can he legally claim a foot of property under me.—If he could, why do not the persons claiming under him, make it appear? I have been three years continually in this state, and always desired that my land disputes might be terminated, as during their continuance I have been exposed to much censure and unmerited censure. In all this time little, or nothing has been done by my opponents. Messrs. Cox and Fenwick have published that for all the lands advertised by them, a suit has been commenced in the court of Quarter Sessions for Fayette. That I deny. 'Tis true a subpoena issued against me in the Fayette District, in April last,—but 'tis equally true, that the complainants have never yet filed their bill. From those circumstances, the public, I think may form a just estimate of the validity of their title. A claim so important, if it could have been established, would not have been so long neglected; or, at least, after commencing suit, they would have pursued with more keenness if they had imagined they had any chance of success. These lands I shall continue to sell, and I trust I shall be able to remove the doubts of any person who is disposed to buy. Let Messrs. Cox and Fenwick, in future know, that I despise the hypocritical cant of their publication. After accusing me of fraudulent intentions against innocent people,—they kindly say they have no intention of injuring me. Let me ask the gentlemen if they would not think such a charge injurious? To them, indeed it might not be so—but most men would feel it sensibly, and in spite of their fawning compliance, would resent it as I do. B. NETHERLAND.
NOTICE. ALL persons indebted to the subscriber, either by bond, note or book account, are requested to come forward and make payment to Mr. Thomas C. Howard, on or before the 15th of this inst. as I intend setting out for Baltimore and Philadelphia, about that time. Those who do not avail themselves of this notice, may rest assured that they shall be dealt with as the law directs, at the expiration of said time—therefore I am in hopes this notice will be attended to, without further trouble, as I am determined to have all my accounts finally settled by the 1st day of December next. GEO. TEGARDEN. September 3, 1797.
GREAT BARGAINS! I HAVE on hand, (at my store opposite the Market house, Lexington) a good assortment of MERCHANDISE. Suited to the approaching season, which I will sell (for cash only) lower than goods have ever been sold in Kentucky. As the above notice is really intended to be complied with on my part, I have no doubt but those who incline to purchase goods, either whole sale or retail, will on application, be satisfactorily accommodated. M. SATTERWHITE. September 29, 1797.
Last Notice. ALL those indebted to the subscriber are once more requested to pay up their respective accounts. Also those indebted to West and Guthrie are requested to make payment to the subscriber, as that partnership is dissolved by mutual consent. N. B. Nelson Thomason is authorized to settle the above accounts. Sept. 27. EDWARD WEST. WHEREAS , I am about to remove to Shelby county, my wife Mary Prewitt refusing to go with me, I caution all persons crediting her on any account, as I will not pay any debts of her contracting. Michael Prewitt. September 28, 1797.
All persons for whom I located land, are desired to come forward and pay off their respective balances, in order for a division, otherwise I shall petition the different courts for a division.—Also all persons who have any demands against me for land, are desired to come forward, as I am ready to discharge the same. I have for sale twelve thousand acres of land, on Little Kentucky, and Floyd's Fork, between eighteen and thirty miles from the Falls of Ohio, of a good quality, and lies level, which I will sell on reasonable terms for cash or negroes, and make a general warranty deed. B. NETHERLAND. March 16, 1797.
FOR SALE, 400 Acres of Military Land. LYING in the county of Clarke, about 12 miles from Lexington on the main road leading from thence to Clarke court house, adjoining the land of Hubbard Taylor.—This land lies well, is all of the first quality, and of indisputable title—a deed of general warranty will be given. Any person inclined to see it will be gratified by Mr. Taylor. The terms may be known by applying to Mr. Joseph Coffey in Lexington, or to Capt. Richard Terrell on Beargrass.
Aaron Fontaine. Jefferson, March 5, 1797. The whole will be sold together, or divided into one, or two hundred acre lots, as may best suit the purchasers. A. F.
WANTED IMMEDIATELY, Two or three Apprentices To the Carpenter's and Shop Joiner's business. Also two or three Good Journeymen, for House work, to whom generous wages will be given. JOHN SPANGLER. Lexington, April 12.
Doctor Samuel Brown, BEGS leave to inform the public, that he will practice MEDICINE and SURGERY in LEXINGTON and its vicinity—He occupies the house in which Mr. Love lately lived, opposite to Mr. Stewart's printing office. He will undertake, on reasonable terms, to instruct one or two pupils, who can bring good recommendations. September 5, 1795.
JOHN COONS, COPPER-SMITH, Informs his friends and the public, that he has just received a quantity of Copper of the best quality, at his shop in Lexington where they may be supplied with any kind of work in his line on the shortest notice.
FOR SALE, THE FOLLOWING ARTICLES; THREE NEW STILLs of the best quality, and the vessels fitting the same, all made Ball fall, and in good order. Also, a LIKELY YOUNG NEGRO MAN , a good distiller. Also a VERY LIKELY NEGRO GIRL , sixteen years of age. Also, the noted horse called THE FERGUSON GRAY . I will take in exchange, likely young geldings and brood mares. Any gentleman inclining to purchase, may apply to the subscriber living on Cane run, four miles from Lexington, Fayette county. SAMUEL BEELER.
THE managers of the Lexington Chances of Insurance, have authorized Mr. Samuel Postlethwaite of Lexington, to receive any money that may be due to them for tickets, and also, to pay such sums as may be due to the holders of fortunate numbers—wherefore, all those who are indebted are requested to make immediate payment. THE MANAGERS. Lexington, September 2, 1797.
TAKE NOTICE. THE administration taken on the estate of John May dec. by Mr. David Ross, is superceded, by the qualifying of the Executrix, named by the will of the said deceased. Therefore all those who have any demands against the said estate, and have not already delivered them to the late administrator, will forward them to Mr. Richard Stephens of Nelson county, that arrangements may be made to discharge them. Also those who may be indebted to the said estate, will please to pay the same to the said Stephens, whom I have appointed my agent in the state of Kentucky. THOMAS LEWIS, Acting in behalf of the Executrix July 18, 1797.
24 NOTICE. CHARLES HUMPHREYS HAS recommenced business in the Brick Store opposite the Court house, lately occupied by Hugh M'Ilvain Esq. where he has to dispose of, a great variety of articles, consisting of DRY GOODS, HARD WARE, QUEEN'S WARE, GROCERIES, And a small quantity of PATENT MEDICINE.
LAND FOR SALE. THE SUBSCRIBER HAS several tracts of Land in different parts of Kentucky, for sale, which he will dispose of reasonably. JOHN CLAY. Lexington, 4th August, 1796.
For sale, THE FOLLOWING TRACTS OF LAND. ONE tract lying in the county of Campbell, on the waters of Locust creek, containing 2099 acres. One tract, lying on Long Lick creek, a branch of Rough creek, Hardin county, about seven miles from Hardin settlement, containing 2500 acres. The above lands will be disposed of on moderate terms; one half of the purchase money to be paid down, for the other a credit of twelve months will be given; the purchaser giving bond with approved security. Any person inclined to purchase, may know the terms by applying to Capt. Robt. Graddock in Danville, or JOHN W. HOLT , atty. in fact for THOS. HOLT.
IRON BANK. FOR SALE BY THE SUBSCRIBERS, ONE thousand acres of Land, lying North-West of the Ohio, containing an extensive bank of excellent Ore, as the subscribers suppose—the quality of this ore has been ascertained by Mr. Saugrain of Lexington, to whom any person desirous of purchasing can apply for information. The above tract of land lies about twelve miles from the Ohio river, and about one mile from Little Scioto, which empties a few miles above the Three Islands.—A stream supposed to be well calculated for a furnace, runs through the land, and has a fall of thirty feet at one spot, and about three quarters of a mile from the bank of ore.—For further particulars apply to Mr. Alexander Parker of Lexington, or the subscribers in Washington. BASIL DUKE. JOHN COBURN. April 21, 1797.
NOTICE. WHEREAS , the partnership of Alexander and James Parker being dissolved (by the death of James) the executors of the deceased, earnestly request all those indebted to the said firm, by bond, note or book account, to come forward immediately and settle their respective balances; like wise all those who have any demands against said firm, to bring them forward properly authenticated, for settlement, as the debts of the deceased must be immediately paid and the partnership settled.—No indulgence can be expected. ALEX. PARKER, JOHN COBURN, JOHN BRADFORD, Lexington, April 12, 1797.
JUST OPENING, FOR SALE, In the house formerly occupied by Benjamin S. Cox as a Store, at the corner of Main and Cross streets, opposite the Old Court House, GROCERIES and DRY GOODS adapted to the season; NAILS &c. WINDOW GLASS to by 12 and 9 by 11; also a variety of SADDLERY—Saddles of different descriptions, Saddle-Bags, Martingals, Bridles of every description, &c. also a cask of PORT WINE.—All will be disposed of extremely low for CASH or COUNTRY PRODUCE, by The Public's humble servant, NATHAN BURROWES. Lexington, June 7.
N. B. The subscriber has a package of SADDLERY—Saddles, Saddle-Bags, Bridles, &c. that he will dispose of on very moderate terms for CASH. Joshua McDowell and Daniel Workman Plaintiffs, AGAINST Christopher Bryant, Jacob Myers, Edward Worthington, William Veach, Elizabeth Veach, Thomas Shepherd, William Shepherd and Mary Shepherd, Defendants.
In Chancery. The defendants not having entered their appearance agreeable to law and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state; on the motion of the complainants by their counsel, it is ordered that the said defendants do appear here on the 18th day of November next, and answer the bill of the complaint—that a copy of this order be forthwith published in the Kentucky Gazette for two months successively, and some Sunday immediately after divine service, at the Presbyterian meeting-house in the town of Lexington, and another copy be posted at the door of the court-house in the town of Lexington. (A Copy) Levi Todd, C. F. C.
John McClelland, complainant, AGAINST George Clarke, defendant, IN CHANCERY.
The defendant not having entered his appearance agreeable to law, and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state—on the motion of the complainant by his counsel, it is ordered, that the said defendant do appear on the second Monday in November next, and answer the bill of the complainant—that a copy of this order be forthwith published in the Kentucky Gazette for two months successively, and some Sunday immediately after divine service, at the Presbyterian meeting-house, in the town of Lexington, and another copy be posted at the door of the court-house in the town of Lexington. (A Copy) Levi Todd, C. F. C.
WHEREAS Benjamin Netherland, who is well known to the people of Kentucky, has advertised several tracts of land in this state for sale, we have given this friendly notice to those whom it may concern, that we have a claim to the following tracts of land, which were sold by the said Netherland, to Daniel Broadhead, viz: 5000 acres in Cox's district, 1000 on Floyd's fork, 5000 on do. 500 on do. 3600 on do. 5311 on Green river, 192 on Sandy, including a salt spring, 1000 on Licking creek, 7000 near the Big Bone lick, 1000 on Eagle creek, 500 on the waters of the Ohio, 2,400 and a quarter, at the mouth of Dick's river, 2316 and a half, on Jessamine, 1000 on do. 1630 on Hickman creek, 10,000 acres located by Samuel Johnson, in Fayette county, 500 acres on Elkhorn, five hundred acres on do. 2000 acres on Jessamine, all of which are entered in the name of Benjamin Netherland. One moiety of the following tracts, viz: 1035 on Floyd's fork, 2000 on Little Bullskin, 1000 on do. 1000 on do. 1000 on do. 5033 on Floyd's fork, entered in the name of Benjamin Netherland, and William May, 1000 acres on Jessamine, 2,900 acres on Hickman, entered in the name of John Mott, 1000 acres on Hickman, entered in the name of John Brown, 1335 acres entered in the name of Benjamin Netherland and John Bros, 1335 acres entered in the last mentioned names. The two last mentioned tracts on Eagle creek, and 7,500 acres on Clear creek, entered in the name of Thomas Turpin, 6,805 acres, entered in the name of Nicholas Mosby, near Capt. Craig's, 1637 and a half acres on Jessamine, entered in the name of Charles Scott, (960 acres on Jessamine, entered in the name of William Stafford, the whole of which was the property of said Netherland,) 500 acres on Hickman, entered in the name of John Curd, 1668 and a half acres on Hickman entered in the name of William Bradshaw, 9000 acres lying on Licking, entered in the name of John George, and Fielding Lewis, 3000 acres lying on the waters of Floyd's fork, and Bear-grass, entered in the name of Hubbard Taylor and Benjamin Netherland, 5,000 on Floyd's fork, entered in the name of William May, 9,403 1/2 acres entered in the name of Mildred Lightfoot, on the waters of the Ohio, 3422 acres on Kentucky, entered in the name of Francis Harris, 4000 on Harrod's creek, 1000 on Floyd's fork, 1500 on Floyd's fork, entered in the name of William May, 1000 on Ohio, entered in the name of John May and John Harvie, 1360 acres on Floyd's fork, entered in the name of Benjamin Netherland and Peter Coleman, 2000 acres on Flyd's fork entered in the name of Francis Taylor, 6000 acres on Kentucky, entered in the name of Samuel Oldham, 5000 acres entered in the name of Benjamin Netherland, lying on Green river, 400 acres on Floyd's fork, entered in the name of Benjamin Netherland and Richard Taylor, 1000 acres on Elkhorn, entered in the name of John and Benjamin Netherland, 1000 acres, and another tract of 420 entered in the name of Benjamin Netherland, lying betwixt the North and South forks of Elkhorn; with all other lands the property of the said Netherland.—For all those lands there is a suit now commenced in the quarter session court for the county of Fayette. We do not give this notice with intention to injure said Netherland, but to prevent innocent people from being defrauded. BEN. S. COX, and JOSEPH FENWICK. tf BLANK BONDS,