The Kentucky gazette (Lexington [Ky.]), 1795-02-28 00:00:00

Kentucky Gazette.
[NUMB. XXIV]
Quicquid agunt homines—nostri farrago libelli. Juv. Sat. 8. v. 85.
[VOL. VIII]
SATURDAY, FEBRUARY 28, 1795.
LEXINGTON; Printed by JOHN BRADFORD, at his Office on Main Street; where Subscriptions, (at Fifteen Shillings per Annum) Advertisements &c. are thankfully received, and Printing in its different branches done with care and expedition.
ALL persons who have had accounts at the store lately kept by Mr. Samuel Downing, next door to Henry Marshall's tavern, are requested to make immediate payments to the subscriber, Mr. Downing, who was only employed by him to sell the goods, having given up to him the books and accounts, legally proved.
If due attention is not paid to this notice, the subscriber will be under the necessity to put all the accounts that will admit of it, into the hands of a magistrate for recovery; and take other steps for recovery of such as are above the jurisdiction of a magistrate.
ANDREW HARE.
Lexington, Jan. 9, 1795.
Boggs & Anderson,
JUST RECEIVED, AND ARE NOW OPENING, At their STORE in Lexington, a Neat and General Assortment of Dry Goods, Groceries, Hard Ware & Queen's Ware.
With a General Assortment of Genuine Fresh Drugs & Pa- tent Medicine, Consisting of the following articles, (VIZ.)
  OIL Vitriol.  Ippecac.    — Peppermint,  uenha.    Ditto common.  Best Red Bark.    Castor Oil.  Common ditto.    British Oil.  Tartar Emetic.    Spirits Lavender  Corrosive Subli-    Comp.  mate Mercury    — Hartshorn.  Crude Sal Amm-    Essence Burga-  oniac.    mot.  Magnesia.    Godfrey's Cor-  Blue Stone.    dial.  Sugar of Lead.    Bateman's drops  Columba Root.    Genian root.  Carolina Pink    Liquorice ditto,  Root.    Beet Succotrin  Glauber Salts.    Aloes.  Aqua Fortis.    Diachylon with  Volatile Sal Am-    Gums  moniac.    Ditto common.  Lunar Caustic.    Botax.  Spanish Flies.    Cum Arabic.  Anderson's Pills    — Camphire.  Salt of Steel.    — Guiacum.  Phials & Corks.    — Opium.  Pill Boxes.    Japan Earth.  Pewter Syringes    Calomel.  Ivory Pipes.    Powder of Jalap  Smelling Bot-    — of Rhu-  bles, &c.    barb.   
Which they will sell at the most reduced prices for CASH.
January 15, 1795.
ALL those indebted to the subscribers are earnestly requested to make immediate payment, as they mean to give no longer indulgence. Likewise those who have any demands against them to bring in their accounts for settlement.
Seitz & Lauman.
January 6, 1795.
JUST ARRIVED, AND NOW OPENING FOR SALE BY BENJAMIN STOUT,
NEXT door to Henry Marshall's tavern, a handsome and general Assortment of MERCHANDISE , consisting of Dry Goods, Groceries, Iron Mongery, Glass & Queens Ware, Medicines, Boots and Shoes, Calf Skins and Boot Legs; also a quantity of Hops, which he will dispose of on the lowest terms for Cash, Whiskey, Bear Skins, and country made Sugar.
Lexington, Jan. 22, 1795.
JUST OPENED AND FOR SALE BY GEORGE TEGARDEN A General Assortment of
DRY GOODS, GROCERIES, Hard Ware, and Queens Ware, which he will sell low for Cash.
Lexington, Jan. 8, 1795.
THE subscribers inform the public, that Mr. Andrew Barbee on Cane run, and Mr. James Brown on Cooper's run, Bourbon county, will receive Hides to be tanned on the shares, by
William & Thomas Story.
Georgetown, Jan. 7, 1795.
GEORGE SMART, CLOCK & WATCH MA- KER,
FROM BRITAIN.
AT the back of the jail; thinks it necessary to acquaint the public, that he intends carrying on the above business in all its various branches; those who are pleased to favor him with their custom, may depend upon its being done with punctuality and despatch. He has a neat assortment of thirteen inch plain double moon and seconds from the center, eight day and thirty hour Clocks; likewise a few Gold and Silver Watches, which will be sold upon reasonable terms. 6w56
This is to give Notice, TO those distillers who find it convenient to deliver their Whiskey in Lexington, that Benjamin Stout is authorized to receive the same, next door to Henry Marshall's tavern. tt Thomas Carnel, col. rev. Lexington, Feb. 19, 1795.
WANTED—A good DICK- Maker for the ensuing season. For terms apply to the subscriber in Lexington.
John Smith.
WHEREAS my wife Eureth has eloped from my bed and board without any just cause, and is now running up and down the country: this is to warn all persons from trusting her on my account, as I am determined not to pay any thing on her account after the date hereof.
PHILIP DUREIN.
Feb. 19, 1795.
3w||
TAKEN up by the subscriber, on South Elkhorn about six miles from Lexington, a bay mare colt, judged to be seven or eight months old appears to be of a small growth appraised to three pounds.
Abraham Bowman.
Dec. 12, 1794.
TAKEN up by the subscriber, living near the mouth of Jessamine, Fayette county, a bay mare four years old last spring, thirteen hands and a half high, a natural trotter, has a brand on her near shoulder not legible, appraised to seven pounds ten shillings.
Benjamin Martin,
Dec. 18, 1794.
ALL persons indebted to the estate of Christopher Kifer deceased are requested to settle their respective balances on or before Fayette March court next, as no further indulgence will be given.
MARGARET KISER, Adm.
JOHN KISER, Adm.
Lexington, Feb. 20, 1795.
TAKEN up by the subscriber, near the mouth of Jessamine, a bay mare twelve years old, about fourteen hands high, a small star, no brand perceivable, with a small bell, appraised to 10l.
William Lewis.
February 10, 1795.
I want to buy a quantity of out lands in this state; those who wish to sell, may find a purchaser, by applying to me in Lexington.
Thomas Irwin.
February 20, 1795.
TAKEN up by the subscriber living on the head of Jessamine, Fayette county, a black horse colt, two years old last spring, a natural trotter, a small star in his fore head, no brand perceivable, appraised to four pounds.
William Baily.
Nov. 26, 1794.
To Mr. WILLIAM MERIWETHER of the State of Virginia, now in Kentucky.
SIR,
PLEASE to take notice, that I am now in the town of Lexington as attorney in fact for Mr. Burnley Duke of Virginia, and am ready whenever the patents or deeds of what lands you may own in this state are laid before me, to proceed to make choice for the said Burnley Duke, agreeable to a written contract entered into, between yourself and him, bearing date 1st April 1788.
JOHN BROWN.
Lexington, February 17, 1795.
3t*
A large Company will meet at the Crab orchard on the 10th in order to start through the wilderness on the 11th of March.
ON the morning of the 14th of October last was found in a camp of Moses Morgan, (a noted horse thief,) a dark brown horse, (with other stolen goods upon him) about 14 hands and a half high, paces and trots, 7 years old, branded on the off shoulder; the brand not known what; the owner by applying to the subscriber in Mercer county near Harrodsburg, proving his property and paying charges may take him away.
STEPHEN HANNA.
N.B. The reason of this advertisement not appearing sooner, is, on account of a mis carriage of the copy which was sent to Lexington a few days after the horse was found.
S. H.
February 23, 1795.
3w
NATIONAL LIBRARY.
AT a meeting of the committee of the Pennsylvania Library, February 23d, it was resolved, that this committee do meet again at M c Kinney's in Lexington on the first Thursday in March, at four o'clock in the afternoon, when books to the amount of all the subscriptions will be ordered by a gentleman who is immediately going to Philadelphia.
By order of the committee. H. FOULMIN, Clerk.
Road to Virginia.
THE committee of correspondence on the subject of a new road, think it necessary on the approach of the time appointed for the meeting of a general committee, to remind the public, that it is proposed to hold the said meeting at Love & Brent's tavern, at 2 o'clock in the afternoon on the second Wednesday in March.
The intelligence which the corresponding committee have received from different parts of the country, affords them the most pleasing hopes of the success of the scheme. At the same time they cannot too strongly urge the friends of the undertaking to use their most active and speedy exertions in providing the means of carrying it into execution. The season is advancing: it will not be easy to procure a second meeting of gentlemen from different parts of the state: so that a few days procrastination on the part of the individuals to whom the business is confided may prove fatal to the accomplishment of this great national object.
They must, therefore, intreat every gentleman who has a subscription paper or who is authorized to act for subscribers, to attend at Lexington, on the 11th of next month, or at least to make a point of forwarding his list of subscribers in time to be laid before the general committee.
ROBERT BARR, THOMAS JANUARY, JAMES PARKER, H. FOULMIN.
February 26, 1795.

(Published by particular desire.)
Kentucky ss. Simon Kenton Compt.
Against Alex. M c Connell & } Defendants. Francis Keen, In Chancery.
THIS day came the parties aforesaid by their attorneys, and the court being now sufficiently advised of and concerning the premises, determine as follows, to wit.
On considering this cause three questions arise.
First. Whether the services as stated in the complainant's certificate entitles him under the law to a settlement and preemption? If not,
Secondly. Whether as it appears upon the face of the certificate itself, that it was granted illegally; this court has not a right to declare the certificate void, in case of a contest with any person holding a legal certificate?
Thirdly. If this court would not have a right to do so in the general; would it not be their duty to do so, in this case, where the person claiming under the illegal certificate is complainant and is demanding from the defendant, who has a legal right, land, to which the complainant from his own shewing has no claim built on any legal foundation?
As to the first question, the court after examining the law, finds, that there are two descriptions of persons only, to whom the legislature has given the right of settlement and preemption. The first are the actual settlers, who at any time before the first of January 1778 had really and bona fide settled themselves or their families, or at his, her or their charge had settled others upon any waste or unappropriated land on the western waters, to which no other person had any legal right, or claim; to each and every family so settled the legislature has given 400 acres of land to include the settlement. The second are the villagers who for their greater safety settled themselves in villages and townships, under some agreement between them of laying off the same into town lots, to be divided among them, and had from necessity cultivated a piece of ground adjoining thereto in common. To every such family the legislature in consideration of their settlement, allowed the like quantity of land as was allowed to the actual settlers, adjacent or convenient to their respective villages or town, and to which no other person had the right of preemption. The law then goes on to give the preemption of 1000 acres to each kind of settler on the same terms and conditions; and to prevent doubts concerning settlements, the law declares that no family shall be entitled to the allowance granted to settlers, unless they had made a crop of corn in the country, or resided in it at least one year since the time of their settlement. Now as there are only two descriptions of persons to whom the legislature has given the right of settlement and preemption, to wit, the actual settler and the villager, and as the explanatory clause evidently refers to those two only, by expressions peculiarly adopted to their respective situations, making the raising a crop of corn in the country by the villager, who had been engaged in the cultivation of a piece of ground in common with his brother villagers the criterion of his merit, and one years residence at least of the actual settler from the time of his settlement the criterion of his, that residence alone can give no right is plain from this consideration: that the claim of a settler in consideration of settlement must include his settlement; and the claim of a villager can only be for raising a crop of corn in the country one or the other of which being indispensably necessary under the law, to entitle a person
to a settlement and preemption, excludes altogether the idea of a person's being entitled for improving, residence or any other service, but those expressly mentioned in the law. Therefore the court is of opinion, that the service as stated in the commissioners certificate, cannot under the law, entitle the complainant to a settlement and preemption.
Secondly. Whether, as it appears upon the face of the certificate itself, that it was granted illegally, this court has not a right to declare the certificate void, in case of a contest with any person holding a legal certificate.
It appears from the law and the nature of the case, that the court of commissioners was a court of special and limited jurisdiction; if so then it is a principle in law, that whenever a court of special and limited jurisdiction exceeds powers, and appears to have done so on the face of their proceedings, that a judgment given by them in such a case may be set aside at any subsequent time. Therefore a certificate which on the face it appears to have been given for services which the law did not authorise a certificate to be granted for, must be void, because the commissioners by their own shewing have exceeded their jurisdiction, and as far as they have done so their judgment can never be opposed to a legal right, as then the commissioners had no jurisdiction to grant a certificate, but in the cases specified in the law, and as in the present case it appears on the face of the certificate that the commissioners had exceeded their jurisdiction in granting a certificate of a right of settlement and preemption for services not enumerated in the law. The court is of opinion that it has a right to declare such illegal certificate void, in case of a contest with any person holding a legal certificate—but—
Thirdly. Admitting that this court has not a right in the general to declare such illegal certificate void, when contending with a legal one, has it not a right, and is it not their duty to do so in this case, where the person claiming under the illegal certificate is complainant, and is demanding from a man having a legal right to the land, to which, from his own shewing, he has no claim built on any legal foundation? The court upon examining the authorities cited upon this head, finds that chancery frequently makes a great distinction in her determinations according to the situation of the persons to be affected by her decisions; and an objection is frequently held to be sufficient to prevent a plaintiff from getting a decree, which would not be sufficient to found a decree upon against a defendant. In consequence of this principle in equity, it has frequently been determined that notwithstanding the judgment of a court having competent jurisdiction, was so far out of the reach of a court of chancery, as to prevent her from interfering to set aside that judgment upon a suit brought for that purpose; yet if application was made to enforce that judgment, chancery would not aid it, by its decree, without examining into the foundation and equity of the judgment; and if upon examination it was found to have been obtained either illegally or unjustly, would altogether refuse her assistance to enforce such judgment, if then these certificates, when illegally granted could not be set aside by a suit in chancery brought for that purpose; yet upon a suit brought to enforce one of them obtained contrary to law and to the prejudice of a man leaving a real claim under the law, chancery will refuse to enforce and give her sanction to a certificate both illegally and unjustly obtained. In as much therefore as the complainants certificate was illegally obtained from the
commissioners, as appears upon the face of it, and the court should not in the general have a right to determine such illegal certificate to be void when contending with a legal one, yet in the present case where the person claiming under the illegal one is complainant and is demanding from the defendant who has a legal right, land to which from the complainants own shewing, he has no claim built on any legal foundation, this court agreeably to the principles above stated conceives it to be their duty not only to refuse their aid to the complainant but to pronounce his certificate void as far at least as respects the present contest. It is therefore considered by the court that the complainant's bill be dismissed and that the complainant pay to the defendants their costs in this behalf expended &c.
(To be concluded in our next.)
AMSTERDAM, October 25. The States of Friesland have determined,
 1. To acknowledge the French Republic.  2. To make peace with her.  3. To change their constitution pursuant to the wishes of the French Republic.  4. To make an alliance with her.  5. To break the alliance with England and Russia.  6. To sacrifice the private interest of the Stadtholder and his family to that of the public welfare. And  7. To recall and indemnify the fugitives. 
DUBLIN, October 25. Letters have been lately received in Scotland, stating the death of Muir on his passage to Botany Bay. Palmer and Margarot, at the time were in good health.
NEW-YORK, December 31. Extract of a letter received by a gentleman in this city from his friend in Norfolk.
"A vessel has this day arrived from Havre, and left that port the 9th of November. The captain of which mentions, that a squadron of French ships had fallen in with an English convoy of 56 sail of victuallers, escorted by two ships of the line and four frigates—That they had taken the men of war, and carried them into Havre, and that the prizes were estimated at sixty millions of livres."
January 1. According to late advices received in a private letter from Montreal, a discovery has been recently made, which may prove of the highest importance to the commercial world. Mr. M c Kenzie, a partner in the house of Frobisher, M c Tavish and Co. of Montreal, has lately returned to Michilimakinac, after an absence of near three years; during which he has been so fortunate as to penetrate across the continent to the pacific ocean, and reach a place between king George's island and Nootka Sound. This gentleman, whose persevering and enterprising mind well suited him for such an undertaking, in his travels through the north-west country, some time ago, to establish a more extensive intercourse with the Indians, and to traffic for furs, arrived at the banks of a river, which took a western direction, and which he observed to rise upwards of two feet, by the influence of the tide. In prosecuting a second expedition from Michilimakinac, after undergoing the severest hardships attendant on such a journey, which was carried on in a canoe along various rivers and lakes, and often through forests, where men were obliged to carry the canoes, he at length attained the utmost bounds of the western continent. This circumstance will, in the course of time, be of the utmost consequence to this country, as it opens a direct
communication with China, and may doubtless lead to further discoveries. The distance from Michilimakinac to the western coast, is supposed to be fifteen hundred miles, of which the company had before established huts as far as one thousand miles.
Lexington, February 28.
By a gentleman just arrived from Cincinnati, we are informed that about the 17th inst. the Indians attacked a party of men with stores &c. on their way to Greenville, about 7 miles from fort Hamilton; killed 3 and wounded 4 of them—that on the same evening they stole 30 Horses from fort Hamilton—that about the 14th inst. all the Indians that were at Greenville left that place, and are supposed to have done the above mischief!
TAKEN up by the subscriber, a bay horse, about ten or eleven years old, about thirteen hands three inches high, with a small star and snip, marked with a large scald on each side, his mane hangs on the near side, the near fore foot and both hind feet white, has had the poll evil, somewhat crestfallen, appraised to 91. 10s.
Aaron Martin.
December 27, 1794.
For Sale.
A LOT, twenty by sixty-six feet, at the corner of Water and Cross streets, on which is a two story framed house, also a good stable. For terms apply to the subscriber on the premises.
Archibald Brown.
Lexington, February 26. 3w
Nelson County.
TAKEN up out of the settlement by SAMUEL BROWN, living on the East fork of Simpson's creek, a dark bay mare fourteen hands and a half high, supposed to be nine years old, has a star and dim snip, her left hind foot white, a white spot on her left shoulder, no brand perceivable; appraised to 81.
Also a dark bay horse colt, with a star and snip, neither cut, docked nor branded, and sucks the above mare; appraised to 41.
John Stone.
December 10, 1794. ||it
Five Dollars reward.
STRAYED or stolen from the subscriber, living at M c Connel's mill near Lexington, two bay horses: one 15 hands high, 5 years old, neither docked nor branded, a long star with mixed hairs therein, shod before, his near buttock appears dented about the turn of the hip bone as he walks or trots, one of his hind hoofs white, he is a little hollow faced. The other about fourteen hands high or more, four years old, branded on the near shoulder, K if perceivable, shod before, not docked, paces and trots, one of his hind heels white. If the above horses be taken as strays by any person, they shall receive the above reward, or if taken from a thief I will give ten dollars reward for each. The management of the thief it is left to the discretion of the public.
Alexander Adams.
February 25. 3tf
The Highest Price
Given for all kinds of
F U R S,
BY the subscriber at his Hat-Manufactory in Lexington.
Montgomery Bell.
December 16. tf
To be rented.
A Convenient house and lot, on the main street, in the town of Lexington.
tf J. Moore.

NEW BOOK STORE &c.
The PRINTER hereof has just received an assortment of
BOOKS
FOR SALE, Of which the following is a CATALOGUE:
 APOLLO, Blair's Lectures, Bonycastle's Arithmetic, Bartram's Travels, Circle of Sciences, Cynthia, Croxall's Fables, Dodsley's do. Divine pallime, Entertaining Novelist, Erra Pater's Prognostications for ever, Father's Blessing, Geography for Youth. for Children, Gustavus Vasa's (An African) life written by himself, History of the World for Children, of England, of London, Lowth's English Grammar, Lord Summers on Juries, Principles of Politeness, Pope's life, Essay on Man, Police Learning, Payne Adye on Courts Martial, Romans's East and West Florida. Rational Sports, Sandford & Merton, School Master's Assistant, Sheridan's English Grammar, School Dialogues, Thompson's Seasons, Treasury of Arts and Sciences. Young book-keeper's Assistant. 
 Afflicted Man's Companion, Animadversion on Universal Salvation, Aspasia vindicated, American Preacher, Blair's Sermons, Baxter's call, Baptist Confession of Faith, Conflagration: A Poem on the last day, Corbett's self employment, Call of the Son of God, Death of Abel, Dodridge's rise and progress, Divine songs for Children, Ditto with cuts, Divine preachings, Economy of Human life, Early method with Deists, Gregory's Father's Legacy, Hervey's Meditations, Jerusalem sinner saved, Janeway's token for Children, Key of Knowledge, Mourner; or Afflicted relieved, Marshall's Catechism, Moral Songs, Paradise lost, Psalms with Henry's notes, without, The Poet, Rowe's (Mrs.) Exercises, Russell's seven Sermons, Winchester's Dialogues, Words of the Wise, Webster's Sermons, Watt's Psalms, Psalms and Hymns, Lyric Poems, Testaments, Primers, Receipt Books, Acts of Assembly, and Almanacs. Feb. 2. 
FOR SALE,
ABOUT One Hundred acres of seminary land, about two or three miles from Lexington, with about forty acres cleared, four of which are meadow, with a good hewed log house well shingled, 24 by 18, and other convenient houses, well watered with several never failing springs, and a good nursery of peach and apple trees; for terms apply to the subscriber living about a mile and a half from Lexington.
Moses Hall. 12w
TAKEN up by the subscriber on Dicks river, a red steer, with some white under one of his flanks two or three years old last spring, marked with a crop in the right ear and a slit in the left, appraised to five dollars. Reuben Paine. Nov. 18, 1794.
TAKEN up by the subscriber, living on Hickman's creek, Fayette, a sorrel mare, three years old next spring, thirteen hands and an inch high, branded on the off buttock A, has a blaze face, her hind feet white; appraised to 8l.
Jacob Hunter. October 27, 1794.
Terms proposed for the purpose of establishing fifty families in the town of
VIENNA, In addition to the number already there.
To every man who becomes a resident at the town of VIENNA by the first day of January 1796, and builds a house at least eighteen feet by twenty, with a brick or stone chimney, by the first day of January 1797, and actually resides in the town for and during the term of two years from the time of his removal to the place shall be entitled to a deed in fee simple, for a lot of half an acre in the town, on which his building shall be erected as aforesaid, and an out lot of five acres.
To a few of the earliest settlers, a sale of fifty acres situated near the town will be made for a small compensation.
This town is elegantly situated, at the Main Falls of Green river fifteen miles from the Ohio, the back water of which makes up to the town—It is surrounded by a large tract of fertile country, capable of the highest cultivation. For further particulars apply to JOHN HANDLEY at Vienna, or to WILLIAM CHAMBERS, at Mann's Lick, who act as Agents to ELIZABETH DORSEY. January 1, 1795.
To be sold.
THREE hundred acres of first rate land, about nine miles from Lexington, near the head of Jessamine, on which is a good square log house, kitchen, smoke house, barn, stable and an excellent horse mill, with two pair of stones, known by the name of the Cove (Horse) Mill, a good Hemp Mill, about four acres of meadow, two pasture lots of two acres each, 4 acres planted with 100 apple trees, and about 100 peach trees, and near 40 acres of plow land in 3 fields. The above being Military land, the right is indisputable. The terms of sale will be made known by applying to the subscriber on the premises.
Andrew M'Calla. February 5.
CASH
Will be given for WORKING OXEN, Or large STEARS suitable for the yoke; also a number of strong ROAD WAGGONS.
I will attend for the purpose of purchasing the above articles, at Paris, in Bourbon, on the 17th and 18th instant; at Winchester, in Clarke county, on the 20th and 21st; at Harrodsburg, on the 24th and 25th; and Woodford court house, on the 27th and 28th; at Madison, court house, on the 3d and 4th of March; and at Lexington, on the 9th and 10th.
N. SHAW, Aft. Q. M. February 11, 1795.
TAKEN up by the subscriber, on the head of Chaplin, a sorrel filley, trots, between thirteen and fourteen hands high, has a star in her forehead, no brand appraised to seven pounds ten shillings. William Guthrie. Jan. 10, 1795.
To be Sold
In the town of Lexington, on Tuesday the 10th day of March, (being Fayette court day;)
Sixty in Lots,
Lying in the town of PORT. WILLIAM, (at the mouth of the Kentucky.) Twelve months credit will be given the purchasers, on giving bond with approved security.
Benjamin Craig, do James Hawkins.
For Sale,
By WILLIAM TOD, opposite Mess. Love & Brent's tavern, Lexington, Quantity of WATCH GLASSES, from No. 11, to No. 24, at seven Dollars the gross, four shillings the dozen, or a single one for six pence, and put in for a shilling; also a quantity of MAIN-SPRINGS, and a few BOWS and PENDANTS. February 6.
FOR SALE FOR CASH,
FOUR out LOTS in the town of Lexington, all joining each other, containing nearly twenty-two acres, about twelve of which are cleared and the balance well timbered, on which there is a good dwelling house, with other necessary out houses, a never failing spring, a young thriving apple orchard of between sixty and seventy trees; also peach and cherry trees, pleasantly situated. Also an In LOT in said town. For terms apply to 3w.
JOHN BOB.
TEN Pounds Reward.
RAN away from the subscriber, living in Harrison county, on Townfend, about two years ago, Fanny, a likely negro woman, between twenty and thirty years of age, has a lump on her left arm between her elbow and wrist, she has kept a considerable time in Woodford county near Crittenden's camp, her toes on each of her feet are cramped. Whoever will deliver said wench to me shall receive the above reward. John Kinkade. Feb. 11, 1795.
NOTICE
IS hereby given, that the building of a jail for Harrison county, will be let to the lowest bidder on the first Tuesday in March next at the town of Cynthiana, being court day for said county, to be built of hewed logs on the public ground in Cynthiana, the plan and terms of which will be made known that day. Bond and security will be required of the undertaker for the performance thereof. By order of court. Test, W. Moore, C. H. C. Feb. 3, 1795.
ALL persons indebted to the estate of Henry Bartlett, deceased, are requested to call and make payment of their respective balances, and those who may have accounts against said estate are earnestly requested to deliver the same legally proven to.
James Wood, Executor.
FOUND
ON the road leading from Paris to my house, a piece of money, which the owner may have by applying to me and paying charges. Elezemon Baley. Jan. 26, 1795.
TAKEN up by the subscriber, on M'bride's run, about five miles from Miller's mills, on Hington's fork of Licking, Bourbon county, a gray mare, seven years old, about fourteen hands and a half high; shod before, appraised to twelve pounds. Francis M'Donald. December 29, 1794.
TAKEN up by the subscriber, living on Flat creek, one mile and a half from the mouth, a black horse, fourteen hands one inch high, about nine years old, three white feet, a star and snip, blind of the right eye. John Immel. December 10.
For Sale,
EIGHT hundred acres of valuable Land on Cartwrights creek in Washington county, joining Col Caldwell and Daniel Browns Pre-emption. For terms apply to the subscriber living on Storer's fork of Licking.
Laban Ship.
** The above mentioned land was patented in the name of Thomas Evans. February 2, 1795.
FOR SALE,
A Valuable lot, sixty six feet front, next door to Love and Brents, on which is a two story frame house finished, with a cellar under it, also a good kitchen, and stable. For terms apply to the subscriber.
B. Duke.
TAKEN up by the subscriber living on the dividing ridge between Paint lick and Silver creek, a brown or dark bay mare, three years old next spring, about four feet six inches high, some white on her near hind foot, no brand perceivable, potted and appraised to six pounds. John Bradley. Madison, Nov. 10, 1794.
TAKEN up by the subscriber, living on Main Elkhorn, near Cope's mill, a dark bay horse, 8 years old, fourteen hands high, branded on the near shoulder K and on the off shoulder and buttock HB trots naturally, appraised to twelve pounds. Likewise a bright bay, seven years old, fourteen hands one half high, branded on the near buttock M a small star in his fore head, a few saddle spots on his back, appraised to fifteen pounds. William Manning. Woodford, Nov. 1794.
TAKEN up by the subscriber, living near the grape vine bottom Mercer county, a bay filly, two years old last spring, thirteen hands and a half high, no brand perceivable, appraised to nine pounds. William Curry. Nov. 25, 1794.
TAKEN up by the subscriber, living one mile from Doherty's mill, one bay mare, seven years old last spring, some saddle spots no brand perceivable, near fourteen hands high, potted and appraised to eleven pounds. Also one black colt two years old next spring, no brands, trots, appraised to five pounds. Thomas Wallen. Scott county Dec. 2, 1794.
TAKEN up by the subscriber in Harrison county near the mouth of Grays run, a gray mare, and an iron gray horse colt, the mare fourteen hands high, thirteen or fourteen years old, no brand perceivable, has on a very good bell, appraised to eight pounds. Michael Hoyle.
TAKEN up by the subscriber, on the head of Huston, Bourbon county, a bay mare three years old, thirteen hands three inches high, branded on the near shoulder and buttock thus C a large star in her fore head, appraised to seven pounds. Moses Hall. Dec. 26, 1794.
TAKEN up without the settlement of this estate by the subscriber living in Clarke county on Grassy lick creek, a bay mare, four years old fourteen hands high with three white feet, and a blaze face has also a swell under her belly and branded on the near shoulder W appraised to eight pounds. Cornelius Darnielle.
TAKEN up by the subscriber, living in Shelby county, on Bullskin creek, about eight or nine miles from Shelby court house, a dark bay mare four years old, fourteen hands one inch high branded on the near shoulder thus 7 had part of a hemp rope round her neck, midling long switch tail and main, a natural trotter, appraised to twenty pounds. Benjamin Vancleave.

To the PEOPLE. (Continued from No. 22.)
THE Compact by the 12th section is declared to be unalterable by either state without the assent of the other; but with the assent of the other, either state may alter any part of the compact; how then can it be doubted, that the Legislatures of the two states have power to explain a law deriving its authority from that compact? But it was observed that perhaps the legislature of Virginia would not agree to pass such a law: to this I answer, that if that should happen to be the case, the claimants under such settlements and pre-emptions are without a remedy, and for this reason it would be proper to make the attempt. The very reason which induced the legislature of Virginia to make this stipulation in the compact, would now operate in taking the necessary steps to secure those rights derived from the laws of that state. A few words will shew the absurdity of the assertion, that the legislature of Kentucky was competent to pass an explanatory law, and that Virginia might seek her remedy by the appointment of commissioners under the 12th section of the compact. That section speaks of the settlement of disputes arising about the meaning or execution of the foregoing articles. What doubt is there about the meaning or execution of the 7th section? The Judges do not deny that the claim of the complainant Kenton ought to be determined by the land law, on the contrary they differed in opinion about the construction which ought to be given to the words of that law. Nor can there be any doubt about the execution of that section or article, for it is executed so far as applies to this case, when the land law is admitted to be the rule of decision. To prove that an attempt was made to afford this constitutional relief need only refer you to the first resolution. I shall now proceed to the third point, that is, to enquire whether the resolution adopted on Saturday is likely to afford this relief. It cannot. 1st. Because it has not the constitutional validity of a resolution which requires the concurrence of both houses. 2dly. Because if it had that validity, the judges could not consistently with the duty of their office, and a regard to their oaths pay any attention to it. And 3dly. Because, if it was attended to it would increase, instead of remedy the evil. It has not the constitutional validity of a resolution which requires the concurrence of both houses, because, by the 29th section of the first article of the constitution it is provided, that "every order, resolution or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor, and before it shall take effect, be approved by him; or, being disapproved, shall be repassed by two thirds of both houses, according to the rules and limitations prescribed in case of a bill." And this resolution was neither approved by the governor or repassed by two thirds of both houses. But if it had been so passed, the judges could have paid no attention to it, but as the opinion of so many individuals; for they have taken an oath to perform the duties of their office agreeably to the constitution and laws of Kentucky. The constitution has recognized the compact, by which the land law is declared to be the rule of decision, in rights to land derived from the laws of Virginia prior to the separation, and as I have shewn before neither the constitution, or any law of the state, has vested or could vest in the two houses, the power, by a resolution, of dictating to, or controlling the judges in their construction of that law. But this resolution cannot pro-
duce the effect, which I have no doubt many men who voted in favor of it hoped it would. The land law is declared to be the rule of decision by the compact. It is the general rule to be applied to all cases of rights and interests to land derived from the laws of Virginia. As the letter of the law does not provide for the different circumstances of different cases, it can only be applied to such cases by some rule of construction, and in making this application the determination of the court how far the case comes within the description of the law, becomes equally a rule of decision in all similar cases with the law itself. It was perhaps to promote this end and to obviate the inconvenience of there being no reports kept of the decisions of our courts, that it was provided by the 3d and 4th sections of the fifth article of the constitution, that the court of appeals should oblige the parties to state the material parts of their complaint and defence in writing, and should state on the record, their own opinions and a summary of the reasons in support of them. To illustrate this position, I will instance a few cases, familiar to those who know any thing of the nature of the land disputes in this country. The commissioners granted a certificate to A for an actual settlement, for 400 acres, to include his improvement, and the preemption of 1000 acres adjoining; A entered his settlement with the surveyor with no other special description, than to include his improvement. Here a question of construction arises. The law declares that all entries shall be made so specially and precisely, that a subsequent locator may know how to enter the adjacent residuum, and has clearly intended the entry book should be a notice to subsequent locators what land the first locator meant to appropriate, and what he left unappropriated. The letter of the law makes no provision for this case, but the court concluding that the entry was a notice that the first locator meant to appropriate as much land on every side of his improvement as would make up the quantity, and that it would naturally be so understood, have determined that A should enter his improvement in a square with lines running to the cardinal points. Again, the certificate gave A a right to the preemption of 1000 acres adjoining his settlement. Before A purchased his preemption warrant, and made an entry with the surveyor, B having no other notice what land A meant to appropriate by virtue of his preemption right than what was given by the certificate, made an entry to adjoin A 's settlement on the North, East, and South sides; here a second question of construction arises, the letter of the law has not determined in what manner A ought to adjoin his settlement with his preemption, and in this case the court have determined that B had a right to enter as he did, having left land enough on one side to satisfy A 's preemption right. Suppose C , upon the faith of these determinations has purchased A 's settlement right, or B 's entry; his title will depend upon this question of construction, and if other adverse claims should arise, and a different construction should be given to the law, he would lose his land. This is sufficient to convince any man, that not only ought the general law to be certain, but that the decisions also, by which the application of the law is made, should be uniform. If this uniformity of decision would be likely to be destroyed, if the opinion of the judges was made to bend to the resolutions of the Senate and House of representatives, I am authorized to say, that let the operation of this resolution be what it would in the case of Kenton vs. M'Connell, the prece-
dent would tend to destroy the titles of claimants under the commissioner's certificates. It is a fact well known, that the most numerous, and of course the most powerful class of claimants in this state, are the holders of land entered by virtue of Treasury warrants. If a contest should arise between such a claimant and a village settler, is it not probable that all those claimants, instructed by this precedent would unite to obtain a decree, in which the principles established in consequence of this resolution should be overturned, and if it is contended that the judges are bound by this resolution, so equally must they by that. Nay, they might do more, they might obtain such a resolution during the pendency of the suit, and before argument, and thus preclude enquiry. But God forbid, that the independence of our judges, should ever be sacrificed to the spirit of party, or their judgment bent to the varying gale of a political faction. It must by this time be apparent to you, that in passing this resolution nothing was less in view than securing the settlements and preemptions granted to villagers for residence and settlement. I have proved, 1st. That the legislature, if such an object was in contemplation might have interfered in a proper manner. 2dly. That an attempt was made to procure such interference, and 3dly. that this resolution cannot effect that object. And it will appear that all this must have been known to the movers of and advocates for this resolution, and of course that the idea held out, was only a popular bait, to conceal the hook, with which those were to be drawn in, who were known to be well meaning men. It is for you to determine for what purpose this resolution was introduced. Peruse the journals, from them you will find who introduced the resolution for an address; and who voted for it. From them also you will find who voted for this resolution. Perhaps in your search, you may trace the marks of resentment for a former decree; and a total sacrifice in almost every instance of public considerations to private interest. Perhaps also, you may discover prejudices imbibed in the height of political rivalry, nourished by the arts of interested sycophants, under the veil of friendship, and embittered by unsuccessful efforts. To make this enquiry is your duty: for into your hands do all your servants at one time or other, surrender the power you have delegated to them. It is your duty, because, by the enquiry you may be enabled to prevent a repetition of the offence.
Remember, that in a successful struggle with the tyrannical parliament of Great Britain, you acquired your freedom, and that it can only be preserved by a steady opposition, to the arbitrary measures of your own legislature.
TYRANNOCTONOS.
About twenty men will receive GOOD WAGES,
BY applying to JOHN FOWLER of Lexington, or JORDAN MARRIS , for services to be rendered in navigating Boats from Frankfort to New-Orleans. The Boats will be ready about the 20th of next month.
February 26.
TAKEN up by the subscriber living near the head of Jefferson, Fayette county, a bay mare four years old next spring, fifteen hands high, a natural trotter, has a few white hairs in her forehead, branded on the near shoulder SI ; appraised to 221.
Manoah Singleton. October 30, 1794.
A list of Letters remaining in the Post Office, Lexington, and if not taken out within 3 months, will be sent to the General Post Office, as dead letters.
JOHN BROWN , late of Hanover; Tabitha Bowen, at Col. Ruffel's; Clement Bell, Lexington; William Brownlee, from Rockbridge; John Brown, Madison, 2; James Busby, Fayette.
Thomas Carneal, Kentucky; William Chinn, near Lexington; David Call, near Cynthiana 2; James Crawford, Lexington; David Colt, Kentucky; Joseph Crockett, near Lexington; Michael Cassidy, near Strode's station.
James Dods, at James Pringle's, Cane run.
Robert Friend & Co. Merchants, Georgetown; Joseph Fleming, in Jefferson, near Lexington; Stephen Fleming, Lexington; Thomas Fletcher, do. Capt. George Frazier, near Lexington.
Robert Gibson, Fayette, to the care of Col. Johnson, Elkhorn, 2; Henry Groff, Lexington; Doctor John Harrison, Lexington; Thomas Howard, Fayette county, Licking creek near Lexington 3; Luke Hanton, near Washington, Kentucky; Maj. William Henry, living on N. Elkhorn near Georgetown.
Col. William Irvine, Kentucky; William Innis, Lexington Kentucky.
Thomas Johnson, Bryan's station near Lexington.
Jasper Keishner near Lexington.
Robert Lyle, care Mr. Barr Lexington; William Low, near Lexington; Gen. Robt. Lawson, do.
The hon. George Muter, Woodford; William Murray esq. Lexington; John M'Kee, Bourbon county; James Milligan, care of Henry Marshall in Lexington; Major John Morrison, Fayette; Gen. Simon Morgan, now in Lexington.
James & William Neall, now in Kentucky.
Henry Owen, Lexington, 3; Jeremiah Prather, Lexington; Mr. Prothero, Cabinet-Maker Lexington.
Joseph Ranford, Kentucky; col. John Russell in Kentucky 2; Henry Rockwell, Lexington.
Gen. Charles Scott, near Lexington; Col. William Steele Woodford county Kentucky; Thomas Sandford esq. near Lexington; John Strode, near Lexington; Richard Stephenson, to the care of Widow Myers; Robert Syments, to the care of Mr. Leavy Lexington; John Spangler, now in Lexington.
Philemon Thomas, Lexington; Thomas Turpin jun. near Lexington.
Barnabas Wing, near Lexington; William Ware jun. at Mr. Tinsley's near Lexington; John Williams, to the care of Wm. Tait merchant Cumberland settlement, South of the Ohio, William Neal now in Kentucky.
Innis B. Brent, P. M. February 28, 1795.
A SALE of the lots in NEW-TOWN, Jefferson county, will be held in said town on the third Monday in May next.
Lewis Fields, Isaac Hornbeck, James Standeford, } Trustees. February 7, 1795.
The subscriber wishes to purchase a good pair of Carriage-Horses, well matched, and well broke to the geers—a bay or black colour would be preferred.
Thomas Hart.
TAKEN up by the subscriber, living about six miles below Harrodsburgh on Salt river, a black Mare, three years old, fourteen hands and a half high, a small star and snip, branded on the near shoulder ED appraised to 101.
James M'Afee.