Kentucky gazette ([Lexington, Ky.]), 1809-12-26 00:00:00

KENTUCKY GAZETTE.
VOLUME XXII.]
LEXINGTON K. TUESDAY, DECEMBER 26, 1809.
[NUMBER 1251]
THE KENTUCKY GAZETTE IS PUBLISHED EVERY TUESDAY, BY THOMAS SMITH, SUCCESSOR TO DANIEL BRADFORD.
CONDITIONS—Two Dollars per annum, paid in advance. If not paid at the expiration of the year.
The postage on letters addressed to the Editor must be paid, or they will not be attended to. The Printing Office is kept at the old stand, opposite the Branch Bank.
LEXINGTON PRICES CURRENT. Tobacco - - $ 1 50 a 2 00 Hemp - - - 6 00 a 7 00 Yarns - - - 9 00 a 10 00 Beef - - - 2 00 a 2 50 Pork - - - 2 50 a 3 00 Flour - - - 2 00 a 2 50 Meal (per bbl.) - 0 25 a 0 37 Salt - - - 2 00 Whiskey (per gal.) 0 30 a 0 37
JOSEPH HAMILTON TAVEISS, Attorney, will resume his practice—He resides in Lexington. All letters to him must be post-paid. Feb'y. 15th, 1809.
Charles Humphreys PRACTICES Law in the Fayette and Jessamine courts. May, 1809.
Wanted to contract for one thousand bushels Stone Coals, delivered at this place—Apply to Cuthbert Bank! Lexington Nov. 28 1808.
J. & D. Maccoun Request those indebted to them to make payment before the 10th of July, as one of them intends to set out for Philadelphia and New-York, at that time. Lexington, June 15th, 1809.
Doctor James Overton WILL practice PHYSIC in Lexington and its neighbourhood; he keeps his shop on Main street, nearly opposite the court house; where he has for sale an extensive stock of GENUINE MEDICINES; together with a complete assortment of SURGEON'S INSTRUMENTS, made after the latest and most approved models.
REMOVAL. YEISER'S CURRYING SHOP is removed to his New Brick House on the corner where the old Court House formerly stood, opposite Archibald Logan's, on Main street, and Patterson Bain's on Main Cross street. Lexington Sept. 19, 1809
To the Public. THE subscriber having opened a shop on the corner of Limestone and Water-streets, where he does all kinds of WHIT SMITH'S WORK , hopes from his knowledge and attention to business to merit a share of the public patronage. All sorts of plain and ornamental Railings, Gates, Iron Doors, for fire proof Buildings, Sashes of different kinds, and Smith's work in general, executed with neatness and dispatch, on the most reasonable terms. N. B. A journeyman and two apprentices wanting to the above business. Thomas Studman.
FOR SALE. A likely negro boy about thirteen years of age—Also a likely negro girl about nine years of age, both fit for house servants. For further particulars inquire of the printer thereof. Lexington, November 21st, 1809. 4w. June 1809.
Five Dollars Reward. STRAYED or stolen, on the night of the 18th instant, from the plantation of James Payne, in Montgomery county, about four miles from Mount Sterling, on the road leading to Winchester. A likely Black Horse, five years old, about fifteen hands high, no brand recollectable, both ears and trots, he has a scar on the left side of the rump about four inches long, as a white ring round his left ear. Any person bringing said horse to me in Mount Sterling shall receive the above reward. ASA GRAVES. Nov. 23d, 1809.
Notice. THE partnership of Fishel & Gallatin , copper and tin smiths, is by mutual consent this day dissolved; all persons indebted to the partnership, are requested to make payment, and those to whom the firm is indebted will please to furnish their accounts. Michael Fishel, Abraham Gallatin. 22d July, 1809.
The business in future will be carried on by the subscriber, who has on hand a variety of Stuffs of different sizes, Hatters, Kettles, Bakers, Copper Tea Kettles, &c. &c. and Tin Ware , by wholesale and retail. Michael Fishel. Tin Ware or Merchandise given for old Copper, Brass and Pewter.
LOST From among my papers, about the first instant, A BOND, Given to me by Thomas Jennings and John Lay, of Louisa county, Virginia, for one hundred Dollars, payable the twenty-fifth December next. All persons are forewarned from taking an assignment on said bond; and the said Jennings and Lay are cautioned against paying it, as I have never received any consideration for, or transferred my right therein, to any person whatever. RANDALL HAILEY. Nov 29th, 1809.
JUST PUBLISHED, And for Sale at this Office, PRICE 12 1/2 CENTS, TWO SHORT CATECHISMS, (DOCTRINAL & HISTORICAL.) Designed for the religious instruction of Children in some of the most respectable families in the United States, and in the first principles of the Christian Religion. BY JOHN ANDREWS.
JUST PUBLISHED, AND FOR SALE AT THIS OFFICE, BRADFORD'S KENTUCKY ALMANAC, For the year of our Lord 1810; CONTAINING, The Lunations, Conjunctions and Eclipses; judgment of the weather; remarkable days and nights, together with useful tables and recipes, and a great variety of entertaining pieces, in prose, and verse.
A Grammar School IS opened by WILLIAM ANDERSON at Nicholasville, Jessamine county; the neighbourhood is healthy, boarding may be had in genteel families convenient to the school at 50 dollars per annum. November 10, 1809.
Take Notice. WHEREAS Thomas Lincoln did, some time past, convey to us by deed of trust, all his estate, both real and personal; we do forewarn all persons from crediting him on our account, as we are determined not to pay any debts of his contracting after this date. DAVID RICE, ELIZABETH LINCOLN. Dec. 13th, 1809.
Frankfort Ware-House. THE subscribers are ready to receive Storage of any description, at the usual rates. Their large and convenient STONE WARE-HOUSE is nearly completed, in the erection of which great care has been taken to render it inaccessible to fire. A WHARF AND SLIP has also been made, between the ware-house and the river, to facilitate the loading of boats in any stage of the water, which, it is believed, has rendered this situation equal, if not superior, to most places in the western country, for putting a cargo on board with expedition and in good order. Every attention will be paid to meet the wishes of their customers, and punctual attendance at all times. WILLIAM HUNTER, JOHN INSTONE. Frankfort, Nov. 29, 1809.
Notice ALL persons indebted to the subscriber are hereby required to make payment immediately, otherwise suits will be indiscriminately commenced. WILLIAM SMITH. Fayette, December 13, 1809.
For Sale, Six Hundred Acres First Rate LAND, OF INDISPUTABLE TITLE, Lying in Jessamine county, on the road leading from Nicholasville to Richmond, five miles from Nicholasville, and one and a half miles from Bell's old mill, on Hickman creek. THERE is one hundred acres of cleared Land, well improved with dwelling houses, orchards and meadows. For the terms apply to the subscriber, on the premises. JOHN M'CLURE. Dec. 8th, 1809.
REMOVAL. The subscriber takes this opportunity of returning his most grateful acknowledgements to his friends and the public in general for the great encouragement he has experienced during his residence in this place, and inform them that he has removed his cabinet work shop to the lot on Main street adjoining Mr. Humphrey's, where all orders will be punctually executed by the public humble Servant. Robert Wilson.
NATHANIEL PRENTISS MAKES Boots & Shoes, in the house lately occupied by Messrs. Fishell & Gallatin, nearly opposite Mr. Bradford's office, in such a manner as makes it the interest of the public to give him a portion of their patronage. Shoemakers can be supplied with Lasts, Boot-trees, &c. &c. N. B. A lad of respectable connections, wanted as an apprentice. 12m
Twenty Dollars Reward. STOLEN on Monday night, 11th inst. out of Lexington streets, a SORREL HORSE , about 14 hands 3 inches high, 10 or 11 years old, a star in his forehead, some saddle marks, very heavy made, shod before, a dent may be perceived on the back part of each of his buttocks when he moves. Any person stopping said thief, and bring him to justice, shall have the above reward, or ten dollars for the horse, saddle and bridle. DAVID BELL. December 12, 1809.
JOHN J. SHEDEL, Baker and Brewer, of this Town, WISHES to inform his friends and the public, that he still keeps a constant supply of good BREAD , and large in weight—like-wise best superfine FLOUR , from 25 weight to any quantity his customers please to call for. N. B. I will give the highest price for good BARLEY , delivered at my Brewery. John Jacob Shedel. Dec. 18, 1809. Taken up by Joseph Cartor, living on State creek, in Montgomery county, a bay Mare, three years old, fourteen hands high, has star in her forehead, branded O on the near shoulder, appraised at $30—Sept. 3d, 1809. JOSEPH HENSLEY.
ADVERTISEMENT. ON the night of the 17th day of Nov. last A Chesnut Sorrel Mare, Belonging to the subscriber, who lives in Madison county, broke out of Mr. Jos. Garraway's stable. She is supposed to have been ten years old, and thought to be about fourteen and a half hands high—she trots and canters well—she is branded that I recollect—she has on her near buttock a dark spot, and also a white one, very visible, and also a dark and white one on her forehead not so large and they are lower than the former ones—she has a long reach down her face—she has on her head the appearance of the polecat, but it is thought to be natural—she has on her off hind the appearance of a cord that some time past cut her foot very much—she went off shod around, with one of her hind shoes broke and half of it lost—she, whilst in the bridle, stands with her feet close together, and often in tiptoe. If she should be taken up convenient to Colonel Garraway's, the person bringing her in possession is desired to convey her to Mr. Garraway's where they will be amply rewarded by Mr. Garraway; otherwise, if they will convey her to my house, I will give them ample satisfaction for their trouble. Dec. 6 1809 RICH BROWN 34100
FOUND. ON the 25th November last, in Main Street, Lexington, a Man's Saddle, the owner of which is desired to claim it by proving property and paying for this advertisement. Enquire at this office.
The 7th and 10th volumes of Rollin's Ancient History, is requested to return them without delay. JAMES DOUGHERTY. December 18th, 1809.
WANTED TO PURCHASE A Likely Negro Fellow, Between the age of eighteen and twenty; For which CASH will be given in hand. Enquire of the printer. Dec. 9, 1809.
DOCUMENTS WHICH ACCOMPANIED THE MESSAGE OF THE PRESIDENT, [IN CONTINUATION.]
The Secretary of State to Mr. Jackson, Esq. Extraordinary and Minister Plenipotentiary of his Britannic Majesty. Department of State, October 9th, 1809.
Sir—An arrangement, as to the revocation of the British Orders in Council, as well as to the satisfaction required in the case of the attack on the Chesapeake Frigate, has been made in due form by the government of the United States with David Montague Erskine, Esq. an accredited Minister Plenipotentiary of his Britannic Majesty.—And after it had been faithfully carried into execution on the part of this government, and under circumstances rendering its effects on the relative situation of the United States irrevocable, and, in some respects, irreparable, his Britannic Majesty has deemed it proper to disavow it, to recall his Minister, and to send another to take his place. In such a state of things, no expectation could be more reasonable, no course of proceeding more obviously prescribed by the ordinary respect due to the disappointed party, than a prompt and explicit explanation, by the new functionary, of the grounds of the refusal on the part of his government to abide by an arrangement so solemnly made,—accompanied by a substitution of other propositions.
Under the influence of this reasonable expectation, the President has learned, with no less surprise than regret, that in your several conferences with me you have stated—
1st. That you have no instructions from your government, which authorise you to make any explanation whatever to this government, as to the reasons, which had induced his Britannic Majesty to disavow the arrangement lately made by your predecessor, and that therefore you could not make any such explanations.
2d. That in the case of the Chesapeake, your instructions only authorise you (without assigning any reason whatever why the reasonable terms of satisfaction tendered and accepted, have not been carried into effect) to communicate to this government a note tendering satisfaction, with an understanding that such note should not be signed and delivered by you, until you should have previously seen and approved the proposed answer of this government, and that the signing and the delivery of your note of the answer of this government should be simultaneous.
3d. That you have no instructions, which authorise you to make to this government any propositions whatever in relation to the revocation of the British Orders in Council; but only to receive such as this government may deem it proper to make to you.
4th. That, at all events, it is not the disposition or intention of the British government to revoke their Orders in Council, as they respect the U.
States, but upon a formal stipulation on the part of the United States, to accede to the following terms and conditions, viz.
1st. That the act of Congress commonly called the Non-Intercourse Act, continued against France, so long as she shall continue her decrees. 2d. That the navy of Great Britain be authorised to all in enforcing the provisions of the said act of Congress. 3d. That the United States shall explicitly renounce, during the present war, the right of carrying on any trade whatever, direct or indirect, with any enemy of Great Britain, from which they were excluded during peace; and that this renunciation must extend, not only to the trade between the colony and the mother country, but to the trade between the colony and the United States.
If, in the foregoing representation, it should appear, that I have in any instance misapprehended your meaning, it will afford me a real pleasure to be enabled to lay before the President a statement, corrected agreeably to any suggestions, with which you may be pleased to favour me.
To avoid the misconceptions incident to oral proceedings, I have the honor to intimate that it is thought expedient, that our further discussions, on the present occasion, be in the written form. And with great sincerity I assure you, that whatever communications you may be pleased thus to make, will be received with an anxious solicitude for them such as may tend to a speedy removal of every existing obstacle to that mutual and lasting friendship and cordiality between the two nations which it is obviously the interest of both to foster. With the highest consideration, &c. (Signed) R. SMITH The Hon. Francis James Jackson, Esq. &c. &c.
Mr. Jackson to Mr. Smith. Washington, 11th October, 1809.
Sir—I have had the honor of receiving your official letter of the 9th inst. towards the close of which you inform me, that it had been thought expedient to put an end to all verbal communication between yourself and me, in discussing the important objects of my mission. Considering that a very few days have elapsed since I delivered to the President a credential letter from the King my Master, and that nothing has been even alleged to have occurred, to deprive me of the facility or access, and of the credit to which, according to immemorial usage, I am by that letter entitled. I believe there does not exist in the annals of diplomacy, a precedent for such a determination between two Ministers, who have met for the avowed purpose of terminating amicably the existing differences between their respective countries, but after mature reflection I am induced to acquiesce in it by the recollection of the time that must necessarily elapse before I can receive His Majesty's commands upon so unexpected an occurrence, and of the detriment that would ensue to the public service, if the ministerial functions were, in the interval, to be altogether suspended. I shall therefore content myself with entering my protest against a proceeding which I can consider in no other light, than as a violation, in my person, of the most essential rights of a public minister, when adopted, as in the present case, without any alleged misconduct on his part. As a matter of opinion, I cannot, I own, assent to the preference which you give to written over verbal intercourse for the purpose of mutual explanation and accommodation. I have thought it due to the public character with which I have the honor to be invested, and to the confidence which his Majesty has most graciously been pleased to repose in me, to state to you unreservedly my sentiments on this point. I shall now proceed to the other parts of your letter, and apply to them the best consideration that can arise from a zeal proportioned to the increase of difficulty thus thrown in the way of the restoration of a thorough good understanding between our respective countries.
You state, sir, very truly, that an arrangement had been made between you and Mr. Erskine, and that His Majesty had thought proper to disavow that arrangement.
I have, here in the outset, to regret the loss of the advantage of verbal intercourse with you, as I should have availed myself of it to enquire whether by your statement, it were your intention to complain of the disavowal itself, or of a total want of explanation of it, or of the circumstance of that explanation not having been made through me, as I observe that in the records of this mission there is no trace of a complaint, on the part of the United States, of His Majesty having disavowed the act of his Minister. You have not in
the conferences we have hitherto held, distinctly announced any such complaint, and I have, with pleasure, in this forbearance, to act upon the supposition that you will not insist on it.
It was not known, when I left England, whether Mr. Erskine had, according to the liberty allowed him, communicated to you in exenso his original instructions. It now appears that he did not. But, in referring to his official correspondence, and particularly to a dispatch addressed on the 20th of April to His Majesty's Secretary of State for Foreign Affairs, I find that he there states, that he had submitted to your consideration, the three conditions specified in those instructions, as the ground work of an arrangement which, according to information received from this country, it was thought in England might be made, with a prospect of greater mutual advantage. Mr. Erskine then repeats verbum et verbatim the three conditions, and the reasons which induced you to think that others might be substituted in lieu of them. It may have been concluded between you that these latter were an equivalent for the original conditions; but the very act of substitution evidently shews that those original conditions were, in fact, very explicitly communicated to you, and by you of course laid before the President for his consideration. I need hardly add, that, the difference between those contained in the arrangement of the 18th and 19th April, is sufficiently obvious to require no elucidation; nor need I draw the occasion, which I consider as dictated by all absence of complaint, on the part of the American government, viz. that under such circumstances, His Majesty had an unqualified and incontrovertible right to disavow the act of his Minister. I must here allude to a supposition, which you have more than once mentioned to me, and by which, if it had any the slightest foundation, this right might perhaps have been in some degree affected. You have informed me that you understood that Mr. Erskine had two sets of instructions, by which to regulate his conduct; and that after one of them, which had not been either communicated to you or to the public, was to be tested the justification of the terms finally agreed upon between you and him. It is my duty, sir, solemnly to declare to you, and through you, to the President, that the dispatch from Mr. Canning to Mr. Erskine, which you have made the basis of an official correspondence with the latter Minister, and which was read by the former to the American Minister at London, is the only dispatch, by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement with this country on the matter to which it relates.
To return to the immediate subject of your letter. If, sir, it be your intention to state, that no explanation whatever has been given to the American government of the reasons which induced his majesty to disavow the act of my predecessor, I must, in that case, observe, that in the instructions conveying to him His Majesty's intention, those reasons, were very fully and forcibly stated; and if he has not transmitted them to you, I can only attribute it to the peculiar delicacy and embarrassment of his situation, for which he probably trusted to the president's goodness to make some allowance; and he might the more reasonably be led to that reliance on it, as a full and ample communication was also made upon the subject by his majesty's secretary of state to Foreign Affairs to Mr. Pinkney, to whom the whole of Mr. Erskine's original instruction was read and who, it was natural to suppose, would convey to his government much information upon a very momentous occasion, as would relieve Mr. Erskine from the necessity of entering into minute details of the misunderstanding that had occurred. At all events, no complaint can be substantiated against his majesty's government on this score, seeing that they not only instructed the minister who had made the disavowed arrangement as to the motives which occasioned the disavowal, but also with frankness, promptitude, and a most scrupulous regard to national honor, gave notice to the American minister in London of the disavowal, of the motives of it, and of the precautions spontaneously taken by his majesty to prevent any loss or injury accruing to the citizens of the United States from a reliance on any agreement, however unauthorised, made in his majesty's name.

mere allusion to this latter circumstance dispenses me from farther noticing the effects which you describe as being produced upon the United States by the circumstances of this agreement. How far they are irrevocable it is not for me to determine—but the word IRREPARABLE seems to imply that a loss had been sustained on the occasion by the public or by individuals of this country. So far as his majesty could be by possibility supposed answerable for such an eventual loss, he has, as I have before stated taken the utmost precaution to avert it.
As to the expectation entertained here, that the explanation of his majesty's share in this transaction should be made through me, I might content myself with simply observing, that I was not provided with instructions to that effect, because it was known that the explanation in question had already been given. But it accords with the sentiments of his majesty towards this country to observe also that he considered, that as some time must necessarily elapse between my appointment and entrance on the duties of my ministry, it would be a more friendly mode of proceeding to state without delay, and through the channel I have already mentioned, the motives that compelled his majesty to disavow the agreement, than to leave the American government in uncertainty in these respects, till the unavoidably protracted period of my arrival in America. I say this in regard to the original notification of his majesty's determination, and of the motives of it, which being already made, it could not be supposed in London that a repetition of them would be expected from me; and of course no such case has been foreseen in my instructions. But if, beyond this, any incidental explanation or discussion should be wished for by this government, I came fully prepared to enter into them. I even consider them to have taken place between us. I have certainly derived great satisfaction from the several hours which we have spent in conference on the subjects, because they have enabled me to remove some misunderstandings, and to refute many misrepresentations, which you yourself informed me of, in regard to the conduct of the British government. I consider such mutual explanations as highly beneficial to a right understanding of the views and interests of the two countries, and I should with much pleasure have renewed them, if you had not informed me that the president had been pleased to prescribe another and a different mode of conducting our negotiations.
I will nevertheless avail myself of that mode which he still permits to repeat to you that his majesty has authorised me, notwithstanding the ungracious manner in which his former offer of satisfaction for the affair of the Chesapeake was received, to renew that which Mr. Erskine was instructed to make. You have said that you so fully understood the particulars of that offer, that I deem it unnecessary to recapitulate them here: I regret that, since they were so clearly understood by you, you should not have been enabled to state to me either in our personal communications, or in the letter which I am now answering, whether they are considered by the president as satisfactory, or whether they are such as he ultimately means to accept. You seem not so distinctly to have understood the form of proceeding in this affair, which I took the liberty of suggesting as likely to lead to a satisfactory result, without however at all prejudicing any other method which might appear preferable to you. My proposal was, not to communicate a note tendering satisfaction but to agree with you before hand upon the terms of a declaration on the part of his majesty, which should actually give the satisfaction (the conditions of which I informed you that I was authorised to carry into immediate execution) and of a counter declaration to be signed by you on the part of the United States for the purpose of accepting such satisfaction. I expressly stated that this interchange of official documents was not meant by me as the means of conveying to each other our respective sentiments—that I understood to be, as is usual, the object of our conferences—and I imagined that the paper to be signed by us, respectively, would be the result of those sentiments so communicated, and that by being reciprocally corrected and modified, and simultaneously delivered, they would form one compact by which the two countries would be equally bound. This course of proceeding is conformable to the practice of the courts of Europe on similar occasions. You did not at the time appear to object to it—you even requested me to come the next day, prepared with a draft or project of a paper, framed in pursuance to these ideas, and although you desired to refer the subject to the President for his approbation, I do not find in your letter either an expression of his sentiments upon it, or the substitution of any other form that might be more agreeable to him, than the one which I have proposed.
I touch with considerable and very sincere reluctance upon that part of your letter in which you state, that I have suggested any reason whatever
why the reasonable terms of satisfaction tendered and accepted have not been carried into effect."
I believe that I had observed to you, in the words of my instructions, that if his majesty were capable of being acted by any desire to retract an offer of reparation which he had once made, his majesty might be well warranted in doing so both by the form in which his accredited ministers had tendered that reparation, and by the manner in which that tender had been received. I believe that I elucidated this observation by a reference to the particular expressions, which made the terms of satisfaction appear to be unacceptable even to the American government, at the very moment when they were accepted, and which at all events put it totally out of his majesty's power to ratify and confirm an act in which such expressions were contained.
On the subject of his majesty's orders in council, I have had the honor of informing you that his majesty having caused to be made to the government of the United States certain proposals founded upon principles, some of which were understood to originate in American authorities, and others to be acquiesced in by them—and having afterwards ascertained, in the manner mentioned in a former part of this letter, that the sentiments of the American government were so different from what they were at first understood to be, I was not instructed to renew to you those proposals, nor to press upon acceptance an arrangement—which had been so recently declined, especially as the arrangement itself is become less important, and the terms of it less applicable to the state of things now existing.
Those considerations which were first intimated in Mr. Canning's official letter to Mr. Pinkney of the 23d September, 1808, and which in the process of the following six months, acquired greater weight and influence, induced his majesty, before the result of Mr. Erskine's negotiation was known, to modify the orders in council of November 1807, by that of the 26th of April, 1809. The effect of this new order is to relieve the system under which the former orders were issued, from that which has always been represented in this country, as the most objectionable and offensive part of it—the option given to neutrals to trade with the enemies of Great Britain through British ports on payment of a transit duty.—This was originally devised, and intended as a mitigation of what is certainly more correct but more rigid in principle; the total and unqualified interdiction of all trade with the enemy. If, however, this mitigation had been felt as an aggravation, and, as has been sometimes warmly asserted, as an insult, that cause of complaint is now entirely removed. By the Order in Council of the 26th April, 1809, all trade with France and Holland, and the ports of Italy, comprehended under the denomination of the kingdom of Italy, is simply prohibited altogether. No option is afforded, and consequently no transit duty is required to be paid. In another respect the Order in Council of the 26th April must be admitted to be more restrictive than those of November, 1807.
The trade with enemies colonies which was opened to neutrals on the commencement of the present war by the Order in Council of the 24th June, 1803 was continued to be left open by those of November, 1807.
The Order in Council of the 26th April restricts this indulgence. But it is to be observed, that, since the period, when the orders in Council of November 1807 were issued, the opening of the ports of Spain, of Portugal, of the south of Italy and of Turkey has afforded a more ample scope to neutral commerce, and that by the capture of Martinique, in addition to that of almost all the colonies of the enemies of Great Britain, together with the blockade of Guadeloupe, the extent to which the liberty of commerce with enemies' colonies applied has been so far narrowed, that there is little of practical hardship in recurring to the rule which, however occasionally mitigated in its application, Great Britain can never cease in principle to maintain. It is further to be observed, that the orders in council of the 26th April has this operation, highly favorable to neutrals, that restricting the regulation of blockade to France, and Holland and their colonies, and to the territories denominated the kingdom of Italy, it lays open to the direct trade of neutrals the ports of the north of Europe. Under the order of the 26th of April, therefore, while there are on the one hand fewer points of difference to stand in the way of a satisfactory arrangement between Great Britain and the United States, it is possible that there may be less temptation to the latter, to enter into such an arrangement, as the extent of their commerce may be, if they please, nearly as great under the orders in council of the 26th April as it would be under any arrangement which should effect the indispensable objects, to which that order applies, or as it would be even without any such order so long as France and the powers subservient to France continue to enforce their decrees. It is, in the same
proportion, matter of indifference to Great Britain, whether the order in council be continued or an arrangement by mutual consent substituted in its room.
Such, sir, are the grounds on which it has appeared to his majesty to be necessary to command me to propose to the government of the United States any formal agreement to be substituted for that which his majesty has been under the necessity of disavowing: but I am directed to receive and discuss with you any proposal which you may be authorised to make to me on this head.
As no disposition has hitherto been shown on your part to make any such proposal, it has been impossible for me to state by anticipation (nor was I instructed so to do) what might be the answer that I should eventually think it my duty to return to you; consequently I could not have made with that view the statement contained in the 4th section of your letter, and the three subdivisions of it. Such a statement would have been obviously inconsistent with the former part of my overture, which you very correctly record in the 3d section, viz. that I was not instructed to make to you any proposal whatever upon this subject. I must necessarily reserve, until I hear from you what proposals it may be deemed proper to make on behalf of the United States, to state in how far they do or do not accord with the instructions, which it has pleased his majesty to give me for my guidance in this negotiation.
I will only add, sir, in conclusion of this letter, that his majesty is very sincerely desirous of maintaining a perfect and cordial understanding with the United States, and of bringing to a complete and satisfactory adjustment, all the points of difference that have arisen between the two governments; and that, agreeing as I do with you, most heartily, as to the interest which both nations have in fostering a mutual and solid friendship and cordiality, no zeal or exertions shall be wanting on my part to carry into effect his majesty's commands for this most salutary purpose.
I have the honor to be, with great respect, sir, your most obedient humble servant,
T. J. JACKSON. The Hon. Robert Smith, Sec. of the Navy.
Mr. Smith to Mr. Jackson. Department of State, October 19, 1809.
SIR, I have had the honor of receiving your letter of the 11th inst. Before I proceed to the more material topics, which it embraces, it is proper that I should take some notice of your construction, which has unhappily converted an intimation of the expediency of concluding in a written form our further discussion, on this particular occasion, into a general prohibition of all communications whatever, and into an unprecedented violation of the most essential rights of a public Minister, requiring a formal protest and a resort to the commands of your sovereign.
A recurrence to that intimation cannot fail to show that its sole object was to avoid, in the further discussions of a case of unusual delicacy and importance, the misconceptions well known to be incident to oral proceedings, and of which the diplomatic intercourse between the two governments has furnished so many and such serious proofs.—nay, of which your letter itself is an additional illustration. That a change in diplomatic discussions from an oral to a written form is not without precedent, I cannot refer to one which will be more satisfactory to you than the intimation recently given by Mr. Canning, in the case of the proposal by Mr. Pinkney on the subject of the Orders in Council and the Embargo, that the discussions which had been previously verbal must thenceforth take a written form. And with this view I take the liberty of recalling your attention to the subjoined extracts (See A. & B.) of letters that passed on that occasion.
On the present, as on that occasion, the change from verbal to written communications was requested after two conferences, and when the subject appeared to one of the parties to have, by those verbal discussions, been brought to a point, which required a precise understanding of the views and propositions of the other.
You will, sir, hence perceive, that in maintaining the right, which every government has as to the rules of intercourse with foreign functionaries near it, no encroachment has been made or intended on any right or customary privilege belonging to you in that character, nor any thing done to impede the proper and usual course of negotiation.
You have been sufficiently apprized, by my letter of the 9th, of the light in which the President views the arrangement lately made by your predecessor with this government, and of the grounds on which he has expected a formal and satisfactory explanation of the reasons for the refusal of his Britannic Majesty to carry it into effect. He persists in that expectation, and in the opinion that there has been given no explanation that is adequate, either as to the matter, or as to the mode.
When one government has been solemnly pledged to another in a mutual engagement by its acknowledged and competent agent, and refuses to fulfil the pledge, it is perfectly clear, that it owes it, both to itself and to the other party, to accompany its refusal with a formal & frank disclosure of sufficient reasons for a step, which, without such reasons, must deeply injure its own character, as well as the rights of the party confiding in its good faith. To refuse with honor (says a high authority on public law) to ratify what has been concluded on by virtue of a full
power, it is necessary that the government should have strong and solid reasons, and that he flew in particular that his Minister has violated his instructions."
Although it is particularly incumbent on the Sovereign in such case to show that his instructions have been violated, yet it is not a mere violation of them on immaterial points that will be sufficient. It is indispensably requisite, moreover, that the reasons be strong and solid, that they manifestly outweigh not only the general obligation to abide by what has been done, but also the disappointment and injury accruing to the other party. And it is worthy of notice that the case under discussion is of a higher character, and appeals with greater solemnity to the honor and justice of the refusing party, than the case cited in Vattel, inasmuch as the transaction, now disavowed, was not a treaty or convention to be ratified by both parties previous to an execution by either. It had according to the terms of it (& this peculiarity appears to have been contemplated by your government) been actually and immediately carried into execution on the part of the United States. The refusal of his Britannic Majesty is, therefore, not simply to ratify what had been ratified by the other party, but to carry into effect on his part an arrangement which had been carried into full effect with good faith on the part of the United States. Nay, the case is strengthened by the further peculiarity, that some of the circumstances attending the execution of the arrangement on the part of the United States render it unsuscceptible of a full equivalent for the refusal to execute it on the other side.
It has not escaped observation, that the obligation of your government to render explanations on this occasion is admitted by your attempt to show that it has been sufficiently done in what passed in conversation between Mr. Canning and Mr. Pinkney, and by the instructions given to Mr. Erskine to communicate such explanations.
With every disposition to view in the most favourable light whatever may affect the relations between the two countries, it is impossible to mistake the conversations of those ministers for a discharge of such a debt to the good faith and reasonable expectations of the United States. Besides that they were mere conversations in a case requiring the precision and respect of a formal communication, it is certain, that it was neither understood by Mr. Pinkney, nor intended by Mr. Canning, that those conversations were to be regarded. Mr. Pinkney is explicit on this point. And Mr. Canning himself, after declining to recapitulate in writing what he had verbally remarked, signified to Mr. Pinkney in a letter dated May 27, that his observations on the subject would be more properly made through the successor of Mr. Erskine, who was about to proceed to the United States.
With respect to the instructions on this point, given to Mr. Erskine, it might be sufficient to remark that they were never carried into execution: but it may be asked, whether it was a mark of friendly respect to the United States, to employ for such a purpose, a minister from whom his government had thought proper, publicly to withdraw its confidence, and to the peculiar delicacy and embarrassment of whose situation you have yourself referred, as accounting for his not having executed the task imposed upon him.
I must here repeat, what was suggested in my former letter, that the successor of Mr. Erskine is the proper functionary for a proper explanation. Nor can I perceive the force of your remark, that the delay incident to your arrival in the United States rendered it more consistent with the friendly sentiments of his majesty to prefer the other channels for communicating the motives for his disavowal. To your own reconsideration I appeal, whether the course most consonant to those friendly sentiments was not the obvious one of employing the new organ, guarding at the same time against any misconstruction of the delay, by apprizing the American government through its minister of the cause of it. The supposition that the delay incident to your mission gave rise to the conversation of Mr. Canning and Mr. Pinkney, is not reconcilable to the correspondence of the latter, which contains no such indication: On the contrary it distinctly shews that he was apprized of the intention to replace Mr. Erskine by a successor, whom he regarded at the proper channel for the explanatory communications; that he understood Mr. Canning to be under the same impression, and that he learned from yourself, not more than two days after his conversation with Mr. Canning, that you were to fail to the United States within three weeks.
Although it may not have been your intention to have given to this subject a posture which it would not have naturally assumed; yet such has been the tendency of some of your remarks, and particularly of the conclusion you have drawn from the two circumstances, 1st. That no trace of complaint from this government against the disavowal appears in the records of the British mission, or was distinctly announced by me in our conferences; and 2d. That from the official correspondence of Mr. Erskine with his government, it appears that although he did not communicate in extenso his original instructions, he submitted to me the three conditions therein specified, and received my observations on each.
If there be no trace of complaint against the disavowal in the archives of the mission, it is because this government could not have entered such complaint before the reasons for the disavowal had been explained, and especially as the explanations were justly and confidently expected through the new functionary. And as to the supposed reserve on my part on this subject in our several conferences, I did imagine that my repeated intimations to you of
the necessity of satisfactory explanations, as to the disavowal, were sufficient indications of the dissatisfaction of this government with respect to the disavowal itself.
The stress you have laid on what you have been pleased to state as the substitution of the terms finally agreed on for the terms first proposed, has excited no small degree of surprise. Certain it is, that your predecessor did present for my consideration the three conditions which now appear in the printed document—that he was disposed to urge them more than the nature of two of them (both palpably inadmissible) could permit, and that on finding his first proposals unsuccessful, the more reasonable terms comprised in the arrangement respecting the orders in council were adopted. And what, sir, is there in this to countenance the conclusion you have drawn in favor of the rights of his Britannic majesty to disavow the proceeding? Is any thing more common than public negotiations than to begin with a higher demand, &c. that failing, to descend to a lower? To have, if not two sets of instructions, two or more than two grades of propositions in the same set of instructions, to begin with what is the most desirable &c to end with what is found to be admissible in case the more desirable should not be attainable. This must be obvious to every understanding, and it is confirmed by universal experience.
What were the real and entire instructions given to your predecessor is a question essentially between him and his government. That he had, or at least, that he believed he had sufficient authority to conclude the arrangement, his formal assurances, during our discussions, were such as to leave no room for doubt. His subsequent letter of the 15th June renewing his assurances to me "that the terms of the agreement so happily concluded by "the recent negotiation will be strictly "fulfilled on the part of his majesty," is an evident indication of what his persuasion then was as to his instructions. And with a view to show what his impressions have been even since the disavowal, I must take the liberty of referring you to the annexed extracts (See C) from his official letters of the 31st of July and of the 14th of August.
The declaration "that the despatch from Mr. Canning to Mr. Erskine of the 23d of January is the only despatch by which the conditions were prescribed to Mr. Erskine for the conclusion of an arrangement on the matter to which it relates," is now for the first time made to this government. And I need hardly add, that if that despatch had been communicated at the time of the arrangement, or if it had been known that the propositions contained in it and which were at first presented by Mr. Erskine, were the only ones on which he was authorized to make an arrangement, the arrangement would not have been made.
As you have disclaimed any authority to offer explanations for the disavowal, as you have been willing to ascertain the want of such authority to the consideration, that other channels had been preferred, and as you have even considered the circumstances under which the arrangement took place to be such as could only lead to a disavowal, and therefore as superceding the necessity of explanation whatever, it is to be regretted, that you had not deemed it proper to render precise and explicit, that part of your letter which seems to imply that you had in our conversations, in relation to the affair of the Chesapeake, following the words of your instructions, held out not only the manner in which the reparation had been accepted, but even the form in which it had been tendered, as warranting his Majesty in even retracting the offer of reparation, and that you had elucidated the observation by a reference to the particular expressions which, at all events, put it totally out of his power to confirm any act containing them.
Whatever may have been your intention in this part of our conversation, or whatever may be the import of the passage to which I have just alluded, I have now the honor of signifying to you, that I am authorised to receive in a proper form whatever explicit explanations you may choose to make, with respect to the grounds of this part of the disavowal; and without enquiring whether your authority be derived from instructions that have been addressed to yourself or that have devolved on you as the successor of the minister who had declined to execute them.
As you have, at the same time, been pleased to say that his Britannic majesty had authorised you to renew the offer of satisfaction which Mr. Erskine was instructed to make, it was also naturally expected that you would in your letter have stated with precision in what that offer differed from the reparation solemnly tendered by Mr. Erskine and accepted by the United States, and that you would have shown in what the reparation thus tendered differed from his instructions. And when I had the honor to intimate that, in order to avoid the misconceptions incident to oral proceedings, it was thought expedient that our further discussions on
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the present occasion should be in the written form there was no part of the subject to which that intimation applied with more force than the case of the Chesapeake; none on which it was more desirable to avoid misconceptions and to obtain a precise knowledge of the propositions which you were authorised to make, not only because I did not really understand the particulars of the offer as distinctly as you seem to have supposed, but also because, on that point, and on that alone, you have expressly stated that you had propositions to make and that you were authorised to carry them into immediate execution. [The remainder of this letter shall appear in our next paper.]
KENTUCKY GAZETTE.
"True to his charge"
He comes, the Herald of a noisy world;
"News from all nations lumbering at his back."
LEXINGTON, DECEMBER 26, 1809.
The "Printer's Devil" conceived himself exempt from duty on Christmas Day—hence the late appearance of our paper.
MR. SMITH.
HAVING observed you at the exhibition of Mr. Hannegan's students last Thursday evening, I concluded that the happiness and pleasure which appeared so evidently conspicuous, in the countenances of the parents, friends and visitors of the boys, could not have escaped your notice, and of which, in my opinion, the public ought not to remain uninformed. I must observe to you, sir, that in my opinion, I never saw any performance of the kind (though much in the habit of attending the like) meet with more general, and in fact more just approbation; nor students do themselves more credit. The selection of the pieces, certainly does Mr. Hannegan much credit, as they were new and extremely well adapted to the speakers; a consideration which always ought to be attended to by the preceptor; as his attention to the capacity and disposition of his pupils, ought to be his first and prominent study; which study, it appears, is always paramount with Mr. Hannegan from the evident improvement which his scholars make, and the just and creditable patronage he so deservedly enjoys. A. B.
FOR THE KENTUCKY GAZETTE.
Fellow-Citizens of Kentucky.
THE time has arrived when those you have entrusted to make your laws will again have it in their power to enact such as may be just & useful for you; and I know you have not forgotten how far those you entrusted last year done their duty. You are the best judges I can appeal to, to say how much it was to the credit of this state, and how much to the benefit of the United States, to have it stated as matter of fact, in England and France, that the wise and prudent measure, the Embargo, had in a few months reduced the new, rich and flourishing state of Kentucky to such calamitous circumstances as to compel the legislature to put a stop to the recovery of debts. You are now fully convinced this state needed no such law, because it injures more than it benefits; and has direct tendency to destroy that confidence which one citizen ought to have in another; and is a clog to enterprize of every kind, which was the world policy they could have adopted. It is with deep regret we have to lament that all our former legislatures have shown a disposition to faddle us with laws upon laws, without number or use, instead of endeavoring to amend and perfect those already made. With regard to those they have neglected to amend, and which certainly they ought to have done before they proceeded to make new ones, a most a variety which it would be troublesome and inconvenient for me to point out, but which it was their duty to have taken under their consideration, I shall instance but one; every person knows the great design of law is to protect the innocent in their persons, their characters, and their property; but how can this be done in a court of justice without witnesses; and does the present law compensate witnesses for their attendance? You all know an Affirmation by a man who has been twice as much per day as a witness is allowed by law, notwithstanding he sits at Frankfort at a time when his crops are harvested, and is a leisure time of the year, is perhaps in easy circumstances, and plumes himself much on the honor conferred on him. This is not the case with the witness—some times poor and needy dragged off under the penalty of one hundred pounds, in the height of his business, from his family and concerns, loses his time entirely, and unless he takes his victuals in his wallet, his attendance will not pay for it; then his time, and his horse's time and food, and his lodging he must lose. Since I have lived in Kentucky I have known some poor men nearly lose their crops by attending as witnesses, to the great injury and distress of their poor families. You know, Fellow-Citizens, a poor man may know the truth & testify to it as well as a rich one, and why should he be made to operate so hard against him? Often times the person he is a witness for is poor also, and is not able to compensate him for his loss of time and expense. It has become almost impossible to get witnesses to attend, the consequence is, suits cannot have justice done them, whilst thousands and thousands of dollars are thrown away in making new laws, until they are become so voluminous, that scarcely a lawyer in the state knows the half of them—some of them are couched in such ambiguous terms that they cannot be understood by half of those who are bound to obey them—and before the citizens have had sufficient time to discover whether a law would really be convenient for them or not, it is repealed and then made so that but few know what is the law in force. Under these considerations, I think these makers ought to excise a poor old farmer who really wishes his country and them well, if I tell them their conduct brings to my mind a passage in the church of England, service to wit—"they have done those things which they ought not to have done, and they have left undone those things which they ought to have done." And I greatly fear without an alteration takes place in their conduct for the better, that the opinion formerly entertained, that a man who could be selected to represent his country, must certainly be one of her best citizens, will be reversed. A FARMER.
PHILADELPHIA, NOV. 22.
Extract of a letter, dated Elkton [Md.] Nov. 20.
"The Duchess of Baltimore, (Mrs. Jerome, Bonaparte) attended by Col. Tousard, with the young Prince, are now at this place, on their way to honor the city of Philadelphia with their august presence. You have been accused of announcing to the public, upon insufficient authority, the creation of the Duchess and Prince by Napoleon, but no doubt of the fact is entertained in this quarter. Col. Tousard is now attending them in his and their official character."
We understand the Duchess and Prince have arrived in this city. (Freeman's Journal.)
Madame Bonaparte and family arrived in town yesterday from Baltimore, and has taken lodgings at the Union Hotel. (Ref.)
It is said that they are bound to France. (Enquirer.)
SITUATION OF SPAIN.
Recent and authentic information has been received from Spain, by a gentleman of respectability and intelligence, who has arrived in the United States from Cadiz. From his representations, we are enabled to state the Spanish peninsula presents to the eye of an observer the most deplorable spectacle of desolation. The party of the junte is linking rapidly before the increasing power of the French arms. The English are viewed by the Spaniards with a jealous eye. Very few Englishmen of any distinction remain at Cadiz—and every Spaniard who is enabled to do so, is preparing to leave the kingdom and embark for South America with such effects as he can hastily collect. Many Spanish families who find it impossible to convert their fortunes into movable property, or to procure opportunities of conveyance, have resolved to await their destiny in Old Spain, and risk the utmost vengeance of Bonaparte, rather than encounter unknown perils and probable starvation in the New World. (Vig. Argus.)
PHILADELPHIA, Dec. 9.
FROM LONDON.—The Co-Commandant, Captain Hunt, from London, has arrived at Newcastle. Captain J. B. Davy, passenger in this vessel, arrived this morning, with despatches from Mr. Pinkney for our government. They have been forwarded by this morning's mail. By the Co-Commandant we learn, that the new British ministry, instead of being looked up to by the nation with approbation and confidence, are viewed with general discontent; and that another change must before long be produced by public opinion. A Regency was strongly spoken of; in which case, the Grey and Grenville influence would prevail. Nothing respecting American Affairs appears in the late papers.
NEW-YORK, December 7.
Extract of a letter from Philadelphia, dated Dec. 6, 1809 received.
"The only news I have besides what you will see in the papers, is that Bonaparte has blockaded by proclamation all the ports of Europe left open by his Britannic majesty's orders in council of April last."
FRANKFORT, Dec. 23.
A considerable time has been taken up, with the trials of contested elections; and magistrates for malfeasance in office. Two of the gentlemen whose elections have been contested, viz. Messrs. Beauchamp and Dean, from Washington, have been acquitted by very large majorities;—the charge was for treating the people, with the intention of procuring votes.—But the charge not being supported to the satisfaction of the Legislature, was dismissed at the cost of the prosecutor, Mr. Waters. The bill which passed the senate for taking the sense of the people as to the expediency of calling a Convention, fell in the House of Representatives—Yeas, 30—Nays, 32. A bill has been twice read and committed to a committee of the whole house, altering the mode of summoning Jurors in this commonwealth. A bill embracing nearly the same object, passed the lower house, we believe in the year 1804 or '5; but fell in the senate. A bill was introduced by Mr. Beatty, for encouraging the raising of the Merino sheep, but was lost by a considerable majority. A great deal of business is carved out, but very few bills have passed the house; and from the quantity of local business on hand, which is of but little general interest to the people, we are led to anticipate a longer session, than the representatives would wish. In our next shall be given, a summary of all the bills of a general nature, brought before either branch of the legislature. The following is the answer of the
house of representatives to the governor's communication, made at the commencement of the session:
To his excellency Charles Scott.
SIR,
THE house of representatives can but applaud the discretion with which you have selected the subjects of your communication; for among those which present themselves, none can be more interesting to the safety and dignity of the commonwealth. The house of representatives were alike, with your excellency, pleased at the prospect of a returning peace with Great Britain and equally regret her insidious policy, so ruinous to the commerce of the United States, and so well calculated to destroy that confidence which should ever exist in the intercourse of nations; they however flatter themselves, that those evils will be, in some degree counter-balanced by the unanimity, which such conduct is calculated to produce in the minds of the people throughout the United States, and by an increase of vigilance in our negotiation with that court, heretofore deemed unnecessary: Although we have not in the same degree with our eastern brethren, experienced the desolating effects of the obnoxious course, pursued by the belligerent powers of Europe, we feelingly sympathise with them, and will with alacrity unite in supporting the rights and honor of the nation. The house of representatives fully accord in the correctness of your views, on the subject of military arrangements, and will in due time give them consideration: and permit us, here, to indulge our feelings, by felicitating our fellow citizens upon their good fortune, when it has become so necessary that something should be done on this subject, in being directed & supported by the council of a chief magistrate, versed in arms, and whose life presents to view, splendid examples of generosity, patriotism and skill in military achievements. The house of representatives commend the motives which induced your excellency to decline the appointment of a judge to fill the vacancy in the court of appeals: they have seen with emotions of regret the frequent revolutions which have occurred in that court, and will during the present session endeavor to apply the appropriate remedy: It is of the first importance to those we represent, that the court in the last resort, should possess judicial strength, and thereby inspire confidence—without this, in vain may they boast a sound constitution, and their legislature enact wholesome laws—all may be prostrated by that court. Although our commerce is embarrassed, and the scarcity of specie has become proverbial, the state of Kentucky is still flourishing, and is able to support, and will support without murmuring, the necessary expenses of her government; and if we can be satisfied that an augmentation of salary will avert the evil complained of in our appellate court, we are prepared to act in concert with you in applying that remedy: We have in common with your excellency, the good of our country alone before us, and whatever measure may be productive of that primary object of all governments, we are determined to adopt; we feel strong convictions that no other course will ensure peaceful reflections to our minds, and the permanent favor of those we represent. The House of Representatives feel the deepest concern for the continued effects of the hurt received by your excellency last winter; they regret that you could not be personally with them; and most earnestly desire that you may speedily recover, and enjoy a large life of health and tranquility. (Argus.)
CONGRESS.
HOUSE OF REPRESENTATIVES.
Thursday, December 7.
MANUFACTURES.
Mr. Seybert observed that on the 5th day of December, 1791, the original report of the Secretary of the Treasury (General Alexander Hamilton) on the subject of manufactures was ordered to lie on the table. He said it was a document which contained much important matter and did honor to its author. He conceived it might be made the basis on which an important superstructure might be raised. He therefore moved that it should be printed for the use of the members of the House. Agreed to.
CHALLENGES, DUELS, &c.
Mr. Bacon said he held in his hands three propositions which he deemed it his duty to submit to the House. They were not for the regulation of the great concerns with foreign nations, but for the necessary object of regulating themselves. It would be seen that these resolutions had not grown out of any personal considerations, nor out of any particular case, but out of the serious evils to which the House had been exposed by the want of such regulations from the commencement of the government. In 1796, the evil had risen to such a height that the House had unequivocally expressed its opinion on it. Mr. Bacon said he felt it his duty to express his sense on the subject by laying the resolutions on the table, and more particularly as he understood that the subject was now agitated in the committee appointed to draft rules and orders for the government.
* By concurrence in the report of a committee, of which Mr. Madison was chairman, on the subject of a letter from Mr. Cunn to Mr. Baldwin, both members of Congress; as well as on the case of Mr. Pyle v. Hughes.
of the House. He would merely remark that the resolutions might not be altogether erroneous in principle. He was not anxious as to the particular form—but he was decidedly in favor of the general object, and wished to take the sense of the House upon it. For himself he was well prepared to act on them; but for the convenience of others he wished them to lie on the table.
Resolved, That the committee appointed to report on the rules and orders for the government of the House, report a rule declaring, "That if any member in the course of the debate shall make use of opprobrious or vilifying language with respect to any member, or call into question the integrity of his motives, or those of either branch of the government in relation to the discharge of his official duties, except on a motion for impeachment or for other interposition of the constitutional powers of this House—or apply to either indecorous or reproachful expressions—it shall be deemed a breach of the orders of the House."
That said committee be instructed further to report a rule declaring, "That if any person during the session of Congress, whether member of the House or not, shall give or send to any other member during his actual attendance at the seat of government, a challenge to fight a duel, or if the member so challenged accept the same, it shall be deemed a breach of the privileges of the House, as well on the part of such members as on that of any other person, whether a member or not, who shall be aiding, abetting or assisting in giving or sending such challenge, or in carrying the same into effect, and every such member shall be held liable to be expelled from the House therefor."
That said committee be further instructed to report a rule declaring, "That if any person during the session of Congress whether a member of the House or not, shall commit personal violence or assault upon any member during his actual attendance at the seat of government, it shall be deemed a breach of the privileges of the House, as well on the part of the person so assaulting, as on that of any other person who shall be aiding, abetting, or assisting therein, and such person, if a member, shall be held liable to be punished therefor, at the discretion of the house."
Ordered to lie on the table.
Mr. Macon observed that the committee appointed to draft rules and regulations for the government of the House should sit on Saturday.
Mr. Macon then said he would call for the consideration of this motion to-morrow.
ABOLITION OF DRAWBACKS, &c.
Mr. Van Horn said that on Friday last a gentleman from North Carolina (Mr. Macon) had moved several resolutions, and in the course of his observations had mentioned a wish, if he had been correctly understood, to adopt something like a navigation act for the United States. Mr. Van Horn said he accorded cheerfully in that idea. It was time that their attention was turned to the powers which the constitution had given to Congress, and that they no longer suffered the time and patience of the nation to be exhausted in treating about treaty-making; for, as to making a treaty by which commerce could be regulated whilst the war continued in Europe, he had no expectation of it. He thought something must be done by Congress which should go to aid the commercial as well as agricultural interest of the country. When he spoke of the commercial interest, he meant that connected with the agricultural interest, and not that which grew out of the war in Europe, and which our merchants would wholly lose in time of peace. He had five resolutions to present, of which he would briefly state the substance. The first, he said, went to give to the shipping of the United States the exclusive exportation of articles the growth, produce or manufacture of the U. States. The second proposed to confine American shipping to the exportation of articles the growth, produce or manufacture of the United States only. The 3d, by laying a discriminating duty, would give to American traders an advantage over foreign merchants in supplying us with such foreign articles as should be necessary for our consumption. The fifth went to repeal or modify the laws respecting drawbacks. That these laws were very deficient every one must believe who reflected that the same drawback was allowed on all foreign articles exported, of whatever description, whether such as were manufactured or grown in the U. S. or otherwise. Without farther remarks he offered the following resolutions:
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. States of any article the growth, produce or manufacture of the U. States—except in ships or vessels owned and wholly navigated by citizens of the U. States.
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting the exportation from ports or places under the jurisdiction of the U. S. in ships or vessels belonging to the U. S. of any article which is not of the growth, produce or manufacture of the U. S.
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of laying an additional discriminating duty in favor of ships owned and wholly navigated by citizens of the U. S.
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of prohibiting American ships and vessels from carrying articles the growth, produce or manufacture of any foreign country from any foreign port or place to another foreign port or place.
Resolved, That the committee of Commerce and Manufactures be instructed to enquire into the expediency of modifying or repealing the laws allowing drawback.
Mr. Newton suggested the propriety of an early disposition of the resolutions, that whatever committee they were referred to might have them immediately under consideration.
The resolutions were ordered to be printed and to lie on the table. Adjourned.
LOST,
ON FRIDAY THE 23d DEC. IN THIS TOWN,
A DRAUGHT OF A
WOOL-PICKING MACHINE,
Drawn in Black and Red Colours.
The person who may have found the same, will confer an obligation on the subscriber by returning it, besides being rewarded therefor.
Tho. Smith.
Lexington, December 26, 1809.
ABNER LEGRAND
Has just received from Philadelphia,
A LARGE ADDITIONAL SUPPLY OF
GOODS,
WHICH HE OFFERS VERY LOW
BY WHOLESALE OR RETAIL.
Lexington, December 26, 1809.
NEGROES WANTED.
I wish to Hire thirty Negro Fellows to work at the Little Sandy Salt Works, for which a generous price will be given.
ALFRED W. GRAYSON.
December 23d. 1809.
THE PROPRIETORS OF THE
STEAM MILL,
WISH TO PURCHASE A QUANTITY OF
MERCHANTABLE WHEAT,
For which CASH will be given.
Lexington, Dec. 23, 1809.
Taken from a Negro,
SUPPOSED TO HAVE BEEN STOLEN,
A BLACK MARE eleven years old, one eye out, the near fore and off hind foot white, a small star in her forehead, paces very well. The above mare was taken from a runaway who says that he got her from a negro man named Dick hired to a Mr. Sater in the neighbourhood of Wm. Daley's.
P. B. PRICE.
December 19, 1809.
Take Notice.
FOR SALE OR LEASE,
FOR a term of years, or on low terms, and may be entered on immediately—the one half or whole, as may best suit the purchaser, of the PLANTATION whereon the subscriber lives, at the junction of the Town Fork and Elkhorn, part of Taylor's military claim, containing 100 acres, between 50 and 60 cleared, with a good Saw and Grist Mill, well calculated for any kind of water works or machinery, and answers well to divide as there are two seats equally good. For further particulars apply to John Colhoun, Sen.
December 22, 1809.
Scott Circuit Court, October term, 1809
James Sanders complainant,
Against—
William Smith, defendant,
IN CHANCERY.
This day comes the complainant by his attorney, and his bill against the defendant being filed, and it appearing from the sheriff's return to the subpoena issued in this cause, that the defendant is no inhabitant of this commonwealth—On motion of the complainant, it is thereupon ordered that the defendant do appear here on the third day of the next term, and answer the complainant's bill, or that the same will be taken for confessed against him. And that a copy of this order be inserted in some authorised paper agreeably to law.
A copy. Attest,
Cary L. Clarke, c. s. c. c.
Notice.
ALL persons are hereby cautioned against trading for, or taking an assignment on two bonds, given by us to John Rogers of Fayette county, both dated in August last—one for the sum of forty seven dollars fifty cents, the other for one hundred fifty-seven dollars fifty cents, payable in May next. The said bonds were given for Land, for which the said Rogers cannot make a title.
PETER TROUTMAN,
ADAM TROUTMAN.
December 25th 1809.
Scott County, Set.
Taken up by Wm. Suggett,
ON Cane run—A Gray Mare, 4 or 5 years old, about 14 hands high, no brand, appraised to $30. Attest,
Cary L. Clarke, c. s. c. c.
May 2th 1809.
Madison County.
Taken up by Robert Tincher,
Living on Muddy creek, one Sorrel Mare, and Sorrel Horse Colt—she is about six years old, about fourteen hands high, has some sabbles spots, the near hind foot part of it white, a few white hairs in her face, has a dark spot near the hip bone, the fore part of the near fore foot mixed with white hairs; appraised to fifty two dollars.
Nathan Lipscomb, j. p.
November 2nd, 1809.
Taken up by Stephen Frost,
In Jessamine county, on the waters of Clear Creek, one sorrel horse three years old, a small star in the forehead, two white feet, about 14 hands three inches high, appraised to 18 dollars, October 20th 1809.
Rich'd. Lafon.
Taken up by Matthew Patterson
Near Georgetown, on the waters of N. Elk horn, Scott county, one Black Mare nine years old, about fourteen hands high, a few white hairs in her face, branded on the near shoulder MP appraised to 25 dollars.
ALSO, one Sorrel Mare Colt, one year old, a small snip on her nose, appraised to ten dollars.
John Thompson.
October 14, 1809.
Taken up by Joseph Horn living on the waters of Red river, on Cane creek, in Montgomery county, one light Sorrel Mare, about four years old last spring, about fourteen hands high, with a large star, no brand perceivable, appraised to 50 dollars, before me.
JOSEPH SIMPSON, J. P. M.
20th August, 1809.
Taken up by John Hardwich, living on the waters of Lulaburg, near Keaton's old mill, in Montgomery county, one bay mare, three years old last spring, she is not docked, and she has no brand perceivable, she has some white on her left hind foot, and appraised to 40 dollars.
JOSEPH SIMPSON, J. P. M.
15th August, 1809.

NEW GOODS.
DAVID WILLIAMSON has (in addition to his former assortment) just received from Philadelphia, a general assortment of good and fashionable
Merchandise,
suitable for the present and approaching seasons. They will be sold unusually low Lexington, Sept. 1, 1809.
NEW GOODS.
JEREMIAH NEAVE
Has just received an additional assortment of
DRY GOODS.
Al. a fresh supply of
GROCERIES.
BRANDIES, Wines, Jamaica Spirits, Glass and Queens Ware, Rhode-Island Chees, Almonds and Raisins, Imperial, Hyson, Young Hyson & Hyson Skin Teas, White & Brown Havana Sugars, Currant's Oil and Knives, prime Calf Skins and Boot Legs, Spanish and Bengal Indigo of superior quality, 8 by 10 and 10 by 12 Window Glass, an assortment of Drugs, &c. &c. which will be sold on reasonable terms.
A regular supply of Prime Cotton Wool, a quantity of Wool, Country Thread, &c. October 21.
PARKER & GRAY
HAVE JUST IMPORTED FROM PHILADELPHIA,
AND NOW OPENING,
At their Store in Lexington, on Main-Street, opposite the Court-House,
A very extensive and well chosen assortment of
DRY GOODS, GROCERIES, STATIONARY, CUTLERY, HARDWARE, QUEENS' GLASS, & CHINA WARES.
AMONGST WHICH ARE Superfine and Coarse Woisted, Cotton and Broad Cloths, assorted. Silks, Hosiery, ass'd Kid, Morocco & leather Slippers, ass'd Coatings, Flannel and Blankets assorted. Bouling Cloths, Corduroys, Thicksets & Velvets assorted. Silks, Crapes & Ribbands, assorted. Cambricks and Book Muslins, assorted. Ladies' fine Muslin Robes, Sleeves and Silk Gloves, ass'd. Which they will sell on the most moderate terms for Cash, Hemp, Linen, Country Linen, Salt and Salt-Petre. Dec. 13.
NEW GOODS
BY WHOLESALE AND RETAIL.
TROTTER, SCOTT & Co.
OPPOSITE THE MARKET HOUSE, LEXINGTON.
Have on hand and are regularly receiving large supplies of
Winter and Spring Goods.
Of all descriptions—unusually low for Cash in hand.
One of the firm residing in Philadelphia, for the purpose of purchasing Goods for cash, will enable them to give better bargains than ever have been sold in the state heretofore. Lexington, Dec. 17th, 1809.
James Berthoud and Son,
Commission Merchants at Shippingport, Falls of Ohio;
HAVE the honour of informing the public that they have received from New Orleans, a large assortment of GROCERIES, which they will dispose of by wholesale at the following prices for cash, viz.
Brown Sugar 1st quality 17 cts per pound do. 2d do. 15 do. do. 3d do. 12 1/2 do. Loaf Sugar 31 1/2 do. Coffee 35 do. Logwood 8 do. Mackerel 25 dolls. per barrel. Shippingport, August 8, 1809.
TO MERCHANTS.
Just received, and for sale by LEWIS SANDERS
42 Packages Merchandise, viz : 316 Pieces assorted 7-8 Prints, in cases 21 ditto ditto 9-8 Superfine Fancies 25 ditto Furniture Checks 4 ditto Gingham 40 ditto 7-8 Cotton Platters, in imitation of German 40 ditto 7-8 Black Cambricks 281 ditto 4-4 and 6-4 Plain Cambrick Muslins 80 ditto Shirting Muslin 21 ditto assorted good and cheap neat Fancy Muslins 135 ditto handsome & cheap Muslin Shawls 34 elegant Muslin Wolked Dresses or Robes 16 pieces ass'd Waistcoating, chiefly low priced 40 ditto Twilled Nankeens Madrass, Cambric and Pulliat, and Bandanna Handkerchiefs, and Barcelona ditto 50lbs. or 3,200 balls Pratt's best Sewing Cotton 10 pieces Twist Stripes 10 ditto 9-8 and 5-4 Cotton Huckabacks, for table cloths, &c. &c. 4 ditto black patent Lace 73 doz. men's, misses' and child's Cotton Hose, assorted 2 doz. Ladies' Silk ditto 12 doz. Cotton Gloves, 8 grossnarrow and 4 gross broad Binding 16 2-3 doz. assorted fashionable Cotton Shawls 17 bales India Muslins, Gurrals, Baftas, Cosacs, Mamoodies, Saunahs, &c. &c. 1 bale Madras Handkerchiefs, 60 pieces, and 1 bale India Checks, 95 pieces 2 cases 7-8 Dimities, 27 and 29 pieces 1 bale good 6-4 Cloths, assorted 1 bale ditto Coatings 1 case 30 pieces, and 1 case 40 pieces Cotton Checks 2 boxes best London Pine, full papers 3 1-2, 4 1-2 & 5lb. 264 Packets. The above Goods have been well chosen for this market, and will be sold on advantageous terms to the purchasers—to be sold at Philadelphia fair prices, by adding a small commission to cover risque and charges. Lexington 20th June, 1809.
BLANK DEEDS
FOR SALE AT THIS OFFICE.
MACCOUN, TILFORD, & Co.
HAVE this day received from Philadelphia the following VALUABLE BOOKS. Chapman's Select Speeches, Forensic and Parliamentary; a Translation of the Bible from the Septuagint, by Charles Thompson, late secretary to the Congress of the U. States; Buck's Theological Dictionary; Campbell's Lectures on Church History, to which is added his celebrated Essay on Miracles; Richerand's Physiology; Rippon's Hymns, a new edition, with a supplement containing the improvements in the 14th London edition; Telemache; the Discarded Son, a celebrated new Novel, by Mrs. Roche; Zollikoffer's Sermons; Cowper's Poems; Armstrong's Works; Johnson's Poetical Works; Newton on the Phosphores; Reid's Essays; Duncan's Dispensary; St. Pierre's Studies of Nature, a new edition with numerous original notes and illustrations, by B. S. Barton, M. D. Sanders's Select Sermons; Vicar of Wakefield in French; Briggs's Cookery; Mysteries of Udolpho; Children of the Abbey; Franklin's Works; Dwight's edition of Dr. Watts's Psalms and Hymns; Village Dialogues; do. Sermons; Cox's American Dispensary; Buck's Miscellaneous Works; Perrin's Grammar; Pomey's French Spelling Book; The Lovers of La Vendee, a new Novel; Gass's Journal of Lewis & Clarke's Voyages; Brown's concordance; Corinna, by Madam de Stael Holstein; the Life of Fox; St. Clair, or the Heiress of Desmond; Scott's Lay of the Last Minstrel; Petrarch's Poems; Lay of an Irish Harp, or Metrical Fragments, by Miss Owenson; Acumus Analysis of Minerals; do. Chemistry; Founding of Belgrade, a new Novel, translated from the French by W. Jennings; Don Quixote; Smart's Horace; Fuller's Gospel its own Witness; David's Psalms, with Brown's Notes; Pocket Bibles with and without Psalms; Horrors of St. Domingo, in Letters by a Lady, written to Col. Burr; Cowper's Task; Murray's Materia Medica; Underwood on the Diseases of Children; Clarms of Literature; Clerk's Magazine; Barrow's Lectures; Volney's Ruins; Court of St. Cloud; Bonaparte's Campaigns; History of Chili, by the Abbe Molina; Smith's Letters to Belsham; Gillie's Greek-Cox's Medical Dictionary; Henning and Mansford's Reports; Kyd on Exchange; do. on Awards; Grayson's Digest; The whole proceedings in the case Olmstead and others, against Rittenhouse's executrices with the act of the Legislature of Pennsylvania, and other matters relative to this important subject, collected and arranged by R. Peters, jun. The World a new Comedy, in five acts, performed at Drury Lane Theatre, and published in London in 1808; Blind Boy a melo drama in two acts, performed at the Theatre Royal, Covent Garden, in 1808; Jonathan Postoffice; the Man of the World; Adelgitha, &c. &c. They have now on hand an extensive collection of Books and Stationery, which will be sold wholesale or retail at the Philadelphia and New York prices; and in general without charging for carriage. Also in the press and will be published in a few weeks, Guthrie's Arithmetic and Murray's Grammar abridged, from the Twentieth London edition. Lexington, June 9th, 1809.
NEW GOODS.
THOMAS D. OWINGS,
HAS received in addition to his former stock of Merchandise, and is now opening a large assortment of
DRY GOODS,
Suitable for the present and approaching season. Also, TEAS of the best quality, viz. best Gunpowder, Imperial Young Hyson, Hyson Chinon Hyson and Coongo—with an assortment of Glass Ware, Queens Ware, &c. All being bought on the most reasonable terms, will be sold unusually low for cash. Lexington, 30th Sept. 1809.
ARROWSMITH'S MAPS.
JOHNSON & WARNER,
BOOK-SELLERS, LEXINGTON, K.
Have now in the hands of the first artists in Philadelphia,
Arrowsmith's Maps of Europe, Asia, Africa and America,
WHICH will be engraved on the same size (about four by six feet) as the English, and be executed in a style, warranted equally correct and elegant, with the best London copies.
The first of the set will be published in the summer of next year; and one other map about every three months afterwards, until the whole are completed.
To subscribers they will be delivered on the following
CONDITIONS. The whole set completely canvassed, coloured, varnished, & mounted on rollers, 40 The Maps of EUROPE alone, - - - 12 ASIA, - - - - - 12 AMERICA, - - - - - 11 AFRICA, - - - - - 10 To those who prefer them unvarnished, a deduction of two dollars will be made on each Map, from the above prices. The price of the English Maps, is Twelve Dollars each, unvarnished. A subscription paper is opened at the Book-Store of the publishers, who respectfully invite the patronage of the citizens of Kentucky. Dec. 4, 1809.
J. & D. MacCOUN
HAVE for sale at the most reduced prices, by whole sale or retail an extensive assortment of MERCHANDIZE, which they are now opening, suitable for the spring and summer seasons, which were carefully selected in Philadelphia, and purchased on unusually low terms. Also eight pipes of genuine and very superior quality Madeira Wine , & fifty boxes of best Spanish Segars . They are as usual supplied from their nail manufactory with a general assortment of Cut and Wrought Nails . Lexington, April 25th, 1809.
MacCOUN, TILFORD, & Co
HAVE received an assortment of RITTENHOUSE'S improved SURVEYOR'S COMPASSES, prices from $27 to $46; PLATTING INSTRUMENTS in cases, GUNTER'S SCALES, SURVEYOR'S CHAINS, PROTRACTORS, and STEEL JOINT DIVIDERS. They have likewise received a quantity of best PRINTING INK. Lexington, May 22d, 1809. to accommodate those who please to call on him. January 20, 1809.
The highest price in CASH will be given for
Horse Hair & Hogs' Bristles,
OF ANY LENGTH—BY
JOHN LOCKWOOD,
Corner of Upper & High Streets.
ALSO—CASH given for BARLEY. Lexington, December 4, 1809.
The Kentucky Hotel.
THE Subscriber has leased of Mr. Henry Clay, for a term of years, that valuable stand for a Tavern, in the town of Lexington, formerly known by the name of Travellers' Hall, where he has opened a Hotel under the above title. The situation of this property, on the public square, directly opposite the North East front of the court house, and in the centre of business, gives it peculiar advantages. Great expense has been incurred in repairs and improvements, and in point of space, convenience and comfort the apartments of the house are surpassed by none. A new stable has been erected on the back part of the lot which he ventures to pronounce is the best in the state, which will be under the immediate superintendence of Mr. William T. Banton. He has provided himself with good servants, a plentiful stock of the best liquors, and in short with every necessary calculated to accommodate and render agreeable the time of those who may favor him with their custom; and he trusts that from the attention which he means personally to give to every department of his business, he will be found to merit that patronage which he thus presumes to solicit from the public.
Cuthbert Banks
Lexington, Jan. 1st, 1809.
Postlethwait's Tavern,
Lexington, Ky. on Main-street, corner of Lime-stone-street, lately occupied by Mr. J. Wilson. J. POSTLETHWAIT has returned to his stand, where every exertion shall be used to accommodate those who please to call on him. January 20, 1809.
MILLER'S INN.
THE Subscriber takes the liberty of returning his most grateful acknowledgments to his friends and the public generally, for their liberal patronage. He has made several improvements to his former buildings, which render them more large and commodious as any in the state. He has on hand a good assortment of liquors, and will at all times use every exertion to furnish his house and stable with every thing necessary to the prompt and agreeable accommodation of those who may think proper to call on him. By punctual and personal attention to every department of his business, he hopes to merit a continuance of public patronage. Robert Miller. Richmond, Kentucky, August 18th, 1809.
FANCY CHAIRS.
WILLIAM CHALLEN respectfully informs the public, that he has commenced the FANCY CHAIR making business, in the house lately occupied by Mr. William Huston, on Main street, three doors below Main Cross street, where he will carry on the above business with neatness and taste—he flatters himself that from the long experience that he has had both in London and New York, that his work will please those who may call on him. He has on hand and makes Black and Gold—White & Gold—Brown and do—Green and do—Coquille and do—Bamboo &c. likewise Settees to match any of the above descriptions, all of which will be made in the neatest fashions and highly varnished which can be packed to send to any part of the state, without injuring. He likewise makes Windsor Chairs—all orders will be thankfully received and attended to with punctuality and dispatch, and his prices made reasonable. May 8th, 1809. N.B. Chairs Repaired and Painted, and all kinds of Ornamental Painting and Gilding executed with neatness.
For Sale.
A VALUABLE tract of LAND, situated on the waters of Green river, in Green county, containing 666 2-3 acres. Negroes or Cotton will be taken in part or whole payment. The subscribers have also for sale, 6000 lbs Coffee, first quality—10 barrels Muscovado and Havannah Sugars of an excellent quality—6 barrels Tanners Oil—1 hogshead 4th proof Jamaica Rum—1 pipe Cognie Brandy—1000 gallons old Whiskey; all of which will be sold low for cash or approved notes at 30 and 60 days. Also Trucks of every size and description, with any kind of Covering; Carpenter's and Joiner's tools, viz. Sash Planes double and single, with pickers and temples, Groving Planes with and without arms, different sizes, complete sets of Bench Planes, single and double ironed, Hallows and Roundels, Moulding Planes of every description Braces and Bits, &c. &c. Holstead & Meglone. Opposite the Market House Lexington, K.
FOR SALE.
ONE hundred and two acres of land, lying about three miles from Lexington and one half mile from the Limestone road. It has two timber falling springs of excellent water, well timbered, mixed with locust, about sixteen acres cleared, with good cabin and other small buildings. I will sell low for cash in hand; or I will give a short credit on a part of the purchase money. Any person wishing to purchase can call on Capt. Achilles Tandy, who will show the land—And for further particulars, apply to Thomas Hughes. Paris, Bourbon, June 20th, 1809.
I will sell my HOUSE & LOTS
on High and Water streets, together or separately, for part cash in hand, and a liberal credit, if required, for the balance. The house is two stories, of good sound logs, chinked, weather boarded and plastered, 28 by 24 feet, a two story Brick Kitchen, Dairy, and Smoke House; also, a Brick Stable and Carriage House. The situation on High street, is remarkably pleasant and healthy. Jno. Wrigglesworth. Lexington, July 28th, 1809.
Strayed from the subscriber,
living in Georgetown, about the last of April, a pair of twin steers, three years old, brindle and white, their horns turn inwards toward the points; there is very little difference to be observed between them except one is a darker brindle than the other. Any person giving information of said steers, so that I get them again, shall be generously rewarded, and all reasonable charges paid by Saml. Shepard. Georgetown, 19th July, 1809.
KENTUCKY INSURANCE OFFICE.
24th November, 1809. A QUARTERLY MEETING of the shareholders of the Kentucky Insurance Company, will be held at their Office on Monday the first day of January next, at 12 o'clock. By order of the President & Directors, JOHN L. MARTIN, CLK. K. I. Co.
LEXINGTON LIBRARY.
The Shareholders are informed that on Saturday the 2d of December, their Contributions become due—and On Saturday 6th January, a general meeting of the Shareholders will be held at the Library room agreeable to the charter for the election of officers. A full attendance of the members is requested. David Logan, Lib'n.
Regimental Court of Appeals.
ALL delinquents who feel themselves aggrieved by the judgment of the Court of Assessment, held for the 42d Regiment, the 27th and 28th instant, are hereby notified to file their appeal on or before the 1st day of February next. Such appeal, if legally qualified to, and left with Robert S. Todd in Lexington, will be properly attended to. By a resolution of the said court at their last meeting, it was resolved, that no monies paid by delinquents who had not appealed agreeable to law, should hereafter be ordered to be refunded; delinquents will therefore see the necessity of attending strictly to the law in this particular. DAVID TODD, 2m Judge Ad-vocate to the 42d Reg't.
AT a meeting of the Board of Trustees, Dec. 4th, 1809.
RESOLVED, That any Hucklester sitting in or near the market house other than market hours be permitted to use foot stoves, provided they use no other fuel than char or stone coal, and the same to be cleared off every evening at or before dark. ED. WEST, Chairman. (A copy.) Attest, Ro. S. TODD, CLK.
NOTICE.
AN ELECTION will be held at the court house in Lexington on the first Saturday in January next, to begin at ten o'clock, A.M. for the purpose of electing Seven Trustees for the Town of Lexington, for the ensuing year. EDWD. WEST, Chm. B. T. Attest, Ro. S. TODD, CLK. B. T. L. Dec. 5, 1809.
MEETING.
Of the Shareholders in the Madison Hemp and Flax Spinning Company WILL be held at the house of Mr. William Satterwhite on Wednesday the 27th inst. at 10 o'clock A. M. in order to elect a president in the room of John Bradford, resigned. By order of the Directors, Danl. Bradford, CLK. Lexington, Dec. 11, 1809.
Clarke Circuit Court, September Term. 1809.
John Peebles, complainant against Robert Peebles, &c. defendants, IN CHANCERY. The defendant Thomas Logan not having entered his appearance herein, agreeably 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 commonwealth—On the motion of the complainant, by his counsel, it is ordered, that the said defendant do appear here on the third day of our next March term, and answer the complainant's bill; that a copy of this order be inserted in the Kentucky Gazette for eight weeks successively. A copy. T. J. SAML. M. TAYLOR, c. c. c. c. State of Kentucky, Clarke Circuit, Sept. September term, 1809. Joel Collins complainant, Against Richard S. Harkey, Robert Patton Greenhow, and Jacob Waugh, Jr. defendants, IN CHANCERY. THE defendants not having entered their appearance herein, agreeably to law and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth—On the motion of the complainant, by his counsel, it is ordered that the said defendants do appear here on the third day of our next March term, and answer the complainant's bill; that a copy of this order be inserted in the Kentucky Gazette for eight weeks successively. A copy. Test, JAMES ANDERSON, D. C. C. C.
STATE OF KENTUCKY, WOODFORD CIRCUIT, SCT.
September Term, 1809. Herman Bowmar, complainant against Elizabeth M'Clary, Michael Goddard and Margaret his wife, Samuel Trotter and Nancy his wife, George W. M'Clary, John M'Clary, Jane T. M'Clary, James M'Clary and Mary M'Clary, heirs and representatives of John M'Clary, deceased, defendants, IN CHANCERY. This day came the parties aforesaid, by their attorneys, & on the motion of the complainant by his attorney, and it appearing to the satisfaction of the court that the defendants Samuel Trotter and Nancy his wife are not inhabitants of this commonwealth, and not having entered their appearance herein, according to law and the rules of this court, it is therefore ordered, that they do appear here on the third day of our next March term, and answer the complainant's bill, or that the same will be taken for confessed against them, and that a copy of this order be inserted in some authorised paper of this commonwealth agreeable to law. (A copy.) Attest, JOHN M'KINNEY, JR. c. w. c.
State of Kentucky, Woodford Circuit sct. September term, 1809.
Nathaniel Hart, Complainant, Against William Vawter and John Tanner, defendants, IN CHANCERY. The defendant John Tanner not having entered his appearance herein, according 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 Commonwealth, therefore on the motion of the complainant by his counsel, it is ordered that he do appear here on the third day of our next March term, and answer the complainant's bill, or that the same will be taken for confessed against him—and that a copy of this order be inserted in some authorised paper agreeably to law. A copy—Attest, John M'Kinney, Jr. c. w. c.
CLARKE CIRCUIT, SCT.
September Term, 1809. John Shopshire, complainant against Joshua Baker, &c. defendants, IN CHANCERY. The defendant Joshua Baker not having entered his appearance herein, agreeably 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 commonwealth—On the motion of the complainant, by his counsel, it is ordered, that the said defendant do appear here on the third day of our next March term, and answer the complainant's bill; that a copy of this order be inserted in the Kentucky Gazette for eight weeks successively. (A Copy.) Teste, JAMES ANDERSON, D. C. C. C.
Fayette County:
Taken up by Connerd Hartner, living on the waters of North Elkhorn, one bay mare, seven years old, fourteen hands one inch high, a small blaze in her face, branded thus 2: appraised to 25 dollars—appraised before JOHN C. RICHARDSON. 18th Nov. 1809.
Carroll County, October 23 1809.
TAKEN UP by William Taylor, living on Howard's Lower Creek, a BAT. 1113, 2 or 3 years old, about 13 hands high, a natural trotter, the near hind foot white, a few white hairs in her forehead, no brand perceivable, appraised to 25 dollars. A true Copy. Attest. Thomas Worrall. J. P.
JOHN LOWRY,
PROPOSALS.
Gentlemen who wish to possess a copy of that invaluable work, ITTEL'S NEW EDITION OF THE STATUTES OF KENTUCKY, will be furnished with the first Volume at Four Dollars, ready bound and lettered, provided they subscribe for the whole. The second and third volumes will be charged at the same price, unless they should fall short of 600 pages each—in which case, a proportionate reduction will be made to subscribers. Each volume to be paid for on delivery at the Post-Office or Printing Office of the publisher, in Frankfort, or at such places more convenient to the residence of the subscribers, where he may deposit their copies. Those who do not wish to subscribe, can be accommodated with single volumes at five dollars each. But should the subscription fill to the extent it is expected, the price to non-subscribers will be advanced. The publisher is convinced, that this is the cheapest law book printed in the United States, when the quantity of matter it contains is adverted to, without taking into view the editorial labor, which has been much more than is usually bestowed upon works of this nature.—The last edition of the Acts of Virginia (for it is not) sells at five dollars per volume to subscribers, and six dollars to non-subscribers, and contains only 500 pages—the Maryland edition sells at five dollars to subscribers, and seven to non-subscribers. The first volume of this work commences with the government of Kentucky, and embraces the acts up to November 1st of 1797, inclusive; together with the Charter of Virginia—Proclamation of 1763—Act of cession to the United States of the territory North-West of Ohio—the Federal Constitution—the compact with Virginia—and both the Constitutions of this state—a d contains in the whole, upwards of 770 pages. The second volume commences with the January session of 1798, and terminates with the session of 1801. In an appendix to this volume, such acts of Virginia as remain in force in this state, and were not necessarily connected with any general head contained in the work, are inserted. The third volume commences with the year 1802, and closes with the session of 1808. The edition will derive a peculiar value from the introduction of the Acts of Virginia and of Parliament in the state of Kentucky, which have never yet been published here. The compiler has also enriched the work with Notes and observations, which will be found of great service to the reader, in tracing the various changes and modifications of the law. The publisher is induced to open the subscription again, from a persuasion that many gentlemen in different parts of the state will be found to patronize it, although their names were not forwarded him in time to be entered on his subscription list. Indeed little or no pains have been yet taken, by the publisher to obtain subscribers, from a desire that the public should be able to judge for themselves whether the work deserved their patronage, before they were asked for it. With this view, the first volume is now published, and the strictest examination of it is invited. It has far met the general and the unqualified approbation of every judge and gentleman of the bar to whom it has been shown. WILLIAM HUNTER. Frankfort Sept. 6, 1809.
Subscriptions are received in Lexington,
by Johnston & Warner and MacCoun & Tilford; in Paris, by Messrs. H. Timberlake & Co—in Washington, by Mr. W. Murphy—in Versailles, Mr. C. Euck—in Lancaster, by Mr. S. Young—in Bairdstown, by Mr. Andrew Hanes—in Hardinsburg, by Mr. Joseph Huston—in Shelbyville, by Mr. A. Steel—in Louisville, by Messrs. C & T. Lusk—in Harrodsburg, by Mr. W. McBride—and by the publisher in Frankfort; at all which places the first volume may be had, on the terms stated in the proposals.
BLANKS OF ALL KINDS
For Sale at this Office.