The Kentucke gazette (Lexington [Ky.]), 1788-02-16 00:00:00

K E N T U C K E G A Z E T T E,
S A T U R D A Y, FEBRUARY 16, 1788.
Mr. BRADFORD.
Please to publish the annexed hints, perhaps they may have a tendency to draw the attention of some judicious person to discuss the subject more at large.
Pierce my vein, Take of the crimson stream and ring there, And chatechize it well. Apply your glass. Search now and probe it, if it be not blood.
Congential with thine own. Cowper.
Of soon after the close of everybody and distressing war, which we have sustained in defence of the liberties and inalienable rights of mankind; during which those rights have been investigated with the utmost precision; it may, to some, seem a little extra ordinary to refer me to the subject; but as the e is a point of ane a near approaching, with event highly, very highly interesting to these western districts; and as it seems, that some, even of our leading characters, have been too much hurried to have given those subjects so much of their attention as they seem to have merited; or may have forgotten some of the features peculiar to the picture of liberty; I beg leave to hold up to public view, some of the outlines of the charming portrait, in order to attach my fellow citizens to the original form from whence they are taken; and add a few very plain observations on civil government. In this I shall confine myself to civil liberty, and that natural liberty or freedom of mankind, in an unconnected state, (or as some say, in a state of nature) from whence it arises; and shall not enquire what this natural freedom is, as it is obvious at first sight, that this is neither more nor less than a power of self government, a permission of acting as one agrees to our own will; or in plain terms, it is a doing as we please; under the direction of reason, the great, primary, and never ceasing law of nature. As long as any man does so he has a right to enjoy his person, life and property, free from all molestation whatsoever; and were he able, even to expel the combined power of the world in any attempt to deprive him of either; and on this is founded a right of equality; for as one man's right is limited to the extent, and degree of his own power; so every other man's right extends to the same limits, but no further; for it is inconceivable that an individual can of right, enjoy any possible possession, or happiness any part of which another person or even community of men can have a right to deprive him of; or that any two or more individuals, can at the same time justly claim or possess an exclusive right to anything whatsoever; for what is wholly and rightfully claim or enjoy, every other man is wholly and rightfully excluded of claiming, or enjoying by the great and primary law of nature, and this it is which establishes a perfect natural equality among mankind, and excludes all right of one man to govern or control the rightful actions, or property of another in any case whatsoever; and obedience to this law, is what we call rectitude, or moral virtue; which, where it prevails, necessarily precludes all civil government; which is only instituted for the rectitude of the above said natural state, where its principles are not duly attended to, or its intentions appear too distant or feeble. It is evident that all men act according to, or depart from this law of nature; in proportion as, on the one hand the reason, or on the other, their passions and appetites, predominate; but as universal obedience on all occasions, that mankind are more generally actuated by their passions and appetites, than by their reason; something is necessary to restrain, control, or at least to counteract those passions; hence the necessity of civil government; and on that necessity it originates; the lust of power, or of property, would stimulate the strong, or the artful, to seize the persons, or properties of the weak, or the simple, and appropriate them to their own use, in contempt of the sacred law of nature. Hence man found it necessary to enter into solemn compacts of mutual defence, and security, and in those compacts, to establish certain rules, founded upon, or at least agreeable to, the universal reason of mankind, (the common law of nature) to which they should all be equally subject; as their rightfully, and originally were in their unconnected state, to that original law; and this only to secure to themselves that liberty, and those rights to which they as said above are all naturally, equally, and unalienably entitled. Thus it appears how civil govern-
ment becomes a substitute for moral virtue; and that instead of infringing the rightful liberties of mankind, it tends to secure them; and by this criterion may every government be tried: that government which tends not to secure the lives, liberties and properties of every individual of the community, as far as the law of reason would have done, is unjust and iniquitous and merits not the name of civil government. I said above that civil government originates in necessity: I now add it originates with the people under that necessity. They form the compact, they prescribe the rules and they also enact them or delegate others to do it for them; who are indiscriminately, and in the proper sense of the word their servants and accountable to them and to them only how they execute those trusts: as really so as the man whom I employ for daily wages is accountable to me and to me only how he performs my business; and are the close to be chosen by them, and that in a way perfectly consistent with the equality of their right; because if they have an equal natural right to legislative and executive power in all their different branches, which takes in all the powers that can exist in a state: none can have a right to exercise any of those powers, but by appointment or delegation: consequently those who are thus chosen by them to the executive department are as really their representatives, as those similarly chosen to the legislative: This I think an observation of some consequence; all this power they are justly authorized to exercise and that in their own right and equal right; for if at the time of entering into such compact, a complete equality in point of right subsists; it ever ought to subsist as there can be no legitimate superior, or even co-ordinate power, to destroy or diminish that equality. But it is not only necessary that government should be formed on principles of equal right; but also that those principles should be precisely delineated and guaranteed by the most solemn functions. This if you please we will call a constitution. There should also be woven into the very texture of that constitution certain antidotes or preservatives against corruption or degeneracy, and care should be taken by every member of the community, that those antidotes be duly administered. Otherwise tho' they may begin their career on a very fair plain, yet, it may at last terminate in a precipice, which they may never discover till it be too late to retract.
And first the constitution should provide for a fair and equal representation. That is that every member of the union have a freedom of suffrage and that every equal number of people have an equal number of representatives; for if the preceding sentiments are just, no man deprived of suffrage, ought (unless he voluntarily adopt it at least implicitly) to be under the control or direction of such constitution, or any law made in consequence of it; it is no law to him he is in respect of it, still in a state of nature; and without equality of numbers it would be unjust; for it is inconceivable, that if every man has an equal natural right to governing power, he has an equal right to every thing that represents it: and if we suppose for instance one district to contain one hundred inhabitants, and another a thousand; each entitled to send two representatives if we suppose the former to be only duly represented, then there will be nine hundred in the latter not represented at all; But this is so plain a case that it is only strange that it should ever have been controverted.
But again it should provide against their holding those trusts for long terms. This would call into public service a greater variety of estimable characters; would beget an emulation who should serve their country the most essentially; and make it perhaps as fashionable a virtue to serve the interest of the public, as it has been formerly a vice to serve the private interest of some favorite family or worthless dependent. Besides, this is a security which the people owe to themselves, for the fidelity of their servants; and perhaps the only good security they can have: add to this temporary intervals of ineligibility, that they may in a private capacity feel all the good and evil effects resulting from their administration; and be prevented from acquiring any influence, dangerous to the liberty of the community. Whoever doubts the utility of this provisional measure let him just recur to the state of the British government under the triennial and septennial parliaments: and he
will soon be satisfied. But it should also provide for its own stability and permanency; and that no law may ever come into existence the foundation of which is not found in those primary principles: as the constitution comes immediately from the people; so ought the laws to flow immediately from the constitution; it should like a circle circumscribe all legislative power as the legislative ought to circumscribe the executive, and both take their form from the people as the great centre of all: it should with all the authority becoming the majesty of a free people from whence it proceeds command; hitherto shalt thou come but no further; for if it suffers itself to be broken in one instance, why not in a thousand; it becomes like a bubble, its existence is no more and the issue may be fatal. But lastly, and above all it should provide that no man or set of men whatsoever from within or without, should even possess a power of control, suspension, or negation, either permanent, or temporary, on or over any resolves, acts, proceedings, or laws made by the people themselves, or their representatives: duly chosen as above: for whenever this happens, their liberty expires, they are under the direction of a will different from, and superior to their own: and though they may still have the privilege of nominating those who possess that power, it is only the poor and degrading privilege of pointing out, among many tyrannical masters, whose lash they will chose to feel. In short they are slaves.
It has been disputed whether one house, or rather power of legislature, be more eligible, or rather to be chosen than two. I shall hazard a few random thoughts on that subject. And first, if an institution answers all the ends designed by the institution, as well as any other institution, or plan could have done, or can do, there remains no possibility of its doing more; it is therefore perfect, if any thing is added it becomes a redundancy, consequently an imperfection. I hope it will not be denied, that a single legislative body, is capable of making laws, the perfection of those laws depend on the wisdom, virtue, and integrity of the legislature, but does it appear, that more wisdom, virtue, and integrity, will, or can possibly be found in two houses than in one, provided they consist of the same number, but more particularly of the same identical person? No man will affirm this. But it may be said that a second house or senate, being generally fewer in number, do, by their separation acquire an influence which would have been lost, had the whole been incorporated in one house. I answer, perhaps it might not have been lost; it would no doubt sometimes happen, that they, in conjunction with the minority in the other house would be able to let aside some bills, which for want of their assistance there, have passed, this would have been a shorter, and easier way; and attended besides, with much less expense of time and money; and excepting in some such instances, all such influence ought to be lost: for in no instance ought the minority to govern the majority. Again, it is more simple: and it is a well known maxim that the simpler a machine is, it is the more perfect: the reason on which it is grounded is obvious; viz. because it is the less liable to disorder, the disorder more easily discovered, and when discovered, more easily repaired and in no instances this maxim more applicable than in the great machine of government. But say they the ought to be two houses, because there are two separate interests. I answer by denying that any community can possibly have any but one common public interest, that is, the greatest good of the whole and of every individual as a part of that whole; but if it be private interest that is meant, I confess that there are not only two, but twenty and it may be more private interests in every government, and the same argument would prove that there ought to be twenty or indeed five hundred houses of legislature in each government: and by proving too much falls to the ground. But the grand argument of all, is that by being separate they have a power of checking some bills which would otherwise pass into laws and might be detrimental to society. Had not this argument been produced on the other side, I should certainly have produced it, in favour of one house: however I ask is a minority in one house, properly entitled to over rule a majority in the other? Are they not as likely to check a good bill as a bad one? and has it not

in fact often happened? Is it not as probable that the second way which by some of their checks a good bit which they had little considered as that the first, should pay a bad one, where it had originated and see thoroughly canvassed? But let us turn the argument over and take a view of the other side of it. The inconsistencies that attend the idea of two houses are innumerable. Take one, supposing them both our representatives (tho' it will be hard to prove them so) it makes their constituents to pay in many instances by their representatives in one house, this shall be a law, by their representatives in the other with respect to the same bill; This shall not be a law. It impowers one body of men to enact statutes; and another to forbid their being carried into execution. It resembles a man putting forth his right hand to do some important business and then stretching forth his left hand to prevent it; but supposing them not our representatives at all, they have no business there, and all their mighty power of checking, is a mere farce.
I am now come down to that period, which I proposed at my setting out; and ought not, it may be trouble the public any farther: however as I consider myself a free agent, and would have every other man not only to believe so of himself but also to use every means to be and continue really so for ever; I intend in some future paper if I continue in the same humour I am now in, to make some transient observations, on the constitution held out to the united states, by the continental convention, which I sincerely wish might in the mean time be done by some better hand.
In the above hints, I have spoken my sentiments but their authority comes from their being the sentiments of a Locke a Sidney and of all the great and good names who have favoured the world with observations on this important subject: but what gives them the highest possible dignity with me; I believe them to be the sentiments of reason itself: and while I remain under the conviction should a government arise, flowing from any other source and running in another channel; though I shall always submit to the laws of my country, with as much cheerfulness as I can; yet the voice of the united world shall never persuade me to say it is right.
REPUBLICUS.
WHEREAS I have rented my possessions at the mouth of Hickman for the term of one year, for several reasons particularly to settle my accounts, my books becoming troublesome. I therefore hope all those indebted to me will settle and pay off their respective balances otherwise they cannot expect the like indulgence. Mr. J. H. Peak who occupies the ferry has a copy of my books and is authorised to receive settle and give receipts to any person applying for that purpose, produce will be taken in payment; 2s per bushel will be given for corn and a price in proportion for wheat, oats, bacon, butter, tallow, sugar, or salt. I hope the mildness of the terms will induce the whole of my customers to comply therewith. I am and still expect to be a servant to the public. JAMES HOGAN.
The famous horse PILGARLICK Of a beautiful chestnut colour, full fifteen hands three inches high, rising ten years old, will stand the ensuing season on the head of Salt river at capt. Abr. Irvin's, Mercer county, and will cover mares at the very low price of ten shillings a leap if the money is paid down, or fifteen at the expiration of the season: and twenty shillings the season in cash, or thirty shillings in good trade. Pilgarlick was got by the noted imported horse Janus, his dam by old Silver-eye: And is the swiftest horse in the district of Kentucky from one to six hundred yards, Darius (the property of Mr. Berwell Jackson) only excepted. JOHN DEVENPORT.
CASTOR
Stands the ensuing season at Mr. Stephen Griens near where the road from Lexington to General Scotts crosses South Elkhorn the terms will be made known hereafter Feb. 13 1788. ELIJAH CRAIG.
DANVILLE February 18. 1788. PURSUANT to the proposal for electing a select Committee, Treasurer and Curator to the Society for promoting useful knowledge. I this day opened the ballot, and found a majority as follows. HARRY INNES ROBERT JOHNSON. GEORGE MUTER H. MARSHALL. CALEB WALLACE LEVI TODD. JAMES GERRARD Esquires Committee men. JOHN COBURN Esq. Treasurer. CHRISTOPHER GREENUP Esq. Curator. THOMAS SPEED.
FOUNDRY. On the road that leads from Danville to Bairds-Town, about the middle of January last a hard-kernel, in which were some wheat grains, was found. The owner may get them by applying to the juniper-berrying near capt. John Cransons near Cross-Payette County. THOMAS BELL.
WHEREAS I passed my bond sometime in the year 1787, to Thomas Arden for £100. the Condition of which bond I have fully complied with, I therefore forward my request from time to time an assignment thereof, as I do not conceive myself a ny further bound by said bond. Feb. 2, 1788. JOHN GRUNDY.
Whereas I passed my bond with Mr. John South Secundy, to a Samuel Ewing some years past, for four hundred acres of land, and as I have paid off said bond to said Ewing, and taken his receipt against the same: I hereby forewarn all persons from taking any assignment thereof, as I am determined not to pay it. Also an order to said Ewing, on a Mr. Gubbs, for two young negroes, or any other writing obligatory whatever, as the said Ewing fails in his engagements to me made in consequence thereof. January 19, 1788. WILLIAM HOY.
THE Public are cautioned against purchasing a tract of five hundred acres of land lying on Licking creek or the waters thereof, near col. Quarles, of Mercer, Gordon and Coburn until a settlement takes place between them and myself, respecting said lands, two thirds thereof being my property. January 19 1788. WILLIAM HOY.
THE public are hereby informed that as there never was any species of connection between William Hoy and the subscribers no settlement between them can affect the title to the above tract of land and they may well assured that he has no claim to the above tract that can be supported either at Law or in Equity. Jan. 24. GORDON & COBURN.
WANTED AN APPRENTICE TO THE HATTING BUSINESS. Enquire of the printer hereof.
FORSALE ON THE LOWEST TERMS FOR Cash, or work-horses.
The following tracts of land the property of Thomas Bedford, to wit, fifteen hundred acres of land in Bourbon county, on or near, the Ohio river, the quality and situation, may be known by applying to Mr. William Kennedy, living near Danville, who located and surveyed the same. Also five hundred acres, in the name of John Pemberton, living in Nelson county, on Ashers creek a branch of Salt river, the land may be seen by applying to Mr. William Smiley living near the mouth of said creek or the quality known by applying to Col. Isaac Cox, who surveyed the same. For terms apply to WILLIAM HENRY. agent for Thomas Bedford. Credit will be given until the tenth of March next.
ROBERT BARR
HAS just received a fresh assortment of grocery and dry stuffs, and has opened the remaining pack of his dry goods, and now are for sale, to wit two Philadelphia made fluted millstones, four dicker little pigs and a number of Cows and calves, with the following Medicine, viz Glauber salts, Bitters, Gamboge, tartar emetic, cream of tartar, cacuana, magnesia, campher, flower of sulphur, quicksilver ointment, brimstone oil, harram oil, turlingtons balsam, andersons pills, hoop is female pills effervescent, peppermint, liquorish ball etc. Also, his surveyors compasses and chains, together with a case of plotting instruments at eight pounds each compass.
As I propose quitting trade as soon as this cargo of merchandise is vended, I shall future sell on the lowest terms to expedite the same, super fine broad cloths with other fine goods will be sold on lower terms than this district can in future be supplied. R. B.
The public should be cautious how they deal with a certain capt. John Mays of Lincoln county, as that man has lately taken advantage of the law in pleading the limitation act, and that only, because he has been indulged nearly three years. This I hope will be a sufficient warning to the citizens of Kentucky particularly those in business. Danville, Dec. 4. 1787. 29 MNAGLE. N. B. He says I owe him, let him produce his account proved, and then I will give him credit on the execution I have against him. M. N.
TO BE LET
TO the lowest bidder, in Lexington, on the first day of March next, the building of a court-house, a plan of which will be exhibited on that day, the undertakers to come provided with sufficient security. EDWARD PAYNE, ROBERT JOHNSON. ROBERT TODD, JAMES TROTTER. LEVI TODD, WILLIAM CAMPBELL. THOMAS LEWIS, Commissioners.