The Kentucky gazette (Lexington [Ky.]), 1802-04-09 00:00:00

THE KENTUCKY GAZETTE.
No. 812.]
FRIDAY, APRIL 9, 1802.
[VOL. XV.]
LEXINGTON:—PRINTED BY DANIEL BRADFORD, (On Main Street)—PRICE TWO DOLLARS PER ANNUM, PAID IN ADVANCE.
CONGRESS OF THE UNITED STATES.
SENATE.
THURSDAY, January 14, 1802.
DEBATE
On Mr. Breckinridge's motion to repeal the act passed last session, for a new organization of the JUDICIARY SYSTEM.
[Mr. Baldwin in continuation.]
Mr. B. said he would proceed to submit a few remarks on the view that had been taken of the subject in its relation to the constitution. It seems this part of the constitution is considered as capable of different meanings, and from so many different opinions expressed upon it, he had no doubt it was the case. Although governments of written laws, and written constitutions are undoubtedly a great and invaluable security to the regular administration of public affairs, yet it must be acknowledged that, like every thing human, they are imperfect; they clearly define and settle many things which would otherwise be afloat; but they do not settle every thing; questions will arise in administering them, which occasion honest doubts. When a new law is passed, the most upright and enlightened courts require a length of time to settle the practical questions under it, and to give definite meaning and precision to all its parts. This must be more likely to occur in written constitutions, which embrace such a variety of important subjects, generally in a very small compass. Many questions of this kind have already been so far settled by practice on our constitution, that they have rarely been stirred of late. Those occasions had been represented at the time, as very threatening to the government; congress was then nearly equally divided upon them, and they did not in the end prove so disastrous as had been predicted; they had generally terminated in favor of the strict, rather than the literal construction of the instrument, not to make the words cover the most that they possibly could. It had been contended in the early years of the government, repeatedly, and with much earnestness, that the preamble of the constitution was a grant of powers, and when a measure was proposed, if it could be shown to have a tendency "to form a more perfect union, establish justice, insure domestic tranquility," &c. it was constitutional; the words "general welfare" in art. 1, sect. 8, had been often urged for the same purpose, and as authorizing congress to build manufacturing towns, a national university, and to carry on any pecuniary enterprises, with the public money; deliberate practice seems for many years to have settled the construction that those words should not be considered as a distinct grant of power, but a limitation of the power granted in the former part of the article to lay and collect taxes, &c. He instanced also the power of the president to remove officers, and several others to the same effect. It was some reward he said, for the trouble they had had on similar occasions, that the greater part appeared now to be settled, as such instances occurred much less frequently than formerly: the one which now presents itself is new; he expressed his confidence that a result as proper and satisfactory would take place on this as on former occasions.
He believed there were several points of this nature in relation to the judiciary, on which the other departments of the government consider themselves as yet to have settled no practice, on which he observed generally, that if it had been intended to convey those distinguishing powers which have lately been claimed in their favor, it might naturally have been expected that it would have been done in very conspicuous characters, and not left to be obscurely explored by construction, not enlightened by the least recollection from any body, of a subject and an occasion certainly of the most expressive kind, and so little likely to have been forgotten. He said, the extent that is now claimed to those words in art. 2, sec. 1, "That the judges should hold their offices during good behavior," was greater than he had before contemplated. His own judgement adopted the construction that had been given by several gentlemen who supported the resolution, and which they had illustrated so much at large and so ably supported, that he should add but few words upon it. The phrase creating or establishing office is familiar in our constitution and laws, and may be done by the constitution or by the legislature; its attributes are like the ordinary attributes of legislation, to be conducted as the wisdom of the legislature and the circumstances of the country may direct. Office in its original use is synonymous with duty. When the system of duties is so particularly defined and prescribed, by the constitution, that the functionary is able to go on in the discharge of the duties, the office is created or established by the constitution; when
this is done by law it is said to be created or established by law; the first may be of equal duration with the constitution; when it is created by law it may be of equal duration with the law, but in neither case can it be of longer duration; to suppose it, appeared to him to be absurd. When it is said, "The judges shall hold their offices during good behavior," the first and obvious meaning is, that it should be theirs during life, or as long as there was such an office, unless they resigned or were removed for misbehavior, that it should not be taken from them to be given to another. In such questions of construction as to the meaning of words and phrases, it is very difficult to prove that they must mean precisely this and nothing else; it was satisfactory to him that this construction fully satisfies the meaning of the words; without doing violence to the other parts of the instrument, it does not interfere with and destroy the words which give the legislative power to congress. It is known that the importance of the integrity of legislative power, which is sometimes spoken of under the expression, omnipotence of parliament, is at least as favorite a part of the theory which we have been most in the habit of consulting, as the independence of judges, particularly in the extent which it is now proposed to give it. This clause is speaking of the tenure of the office and not of the existence of the office, that had been aptly disposed of in that part of the instrument which is on that subject, and is to be sought for among the legislative powers and prohibitions of power.
On the tenure of office the constitution says, the President shall hold his office for four years, Senators for six years, &c. judges during good behavior.
All these suppose the office to be in existence, but are not designed to authorise the functionaries to hold over beyond that period, or to affect the power which is given to change those instruments. The judges shall have the highest possible tenure, they shall hold their offices as long as the constitution of the country and the constitution of their offices exist, if they behave well. He could not consider the constitution as contemplating their surviving or holding beyond the existence of the constitution of the country, or the constitution of their office. It would be a very strained construction to consider that as intended. It would also be a very useless one; it goes to prevent the legislature from the right to make laws on the subject, as the circumstances of the country may require, but with which he did not see how the government could be carried on, and yet does not secure the judges from intolerable persecutions and oppressions by those laws; in short it does all the harm and does no good.
The more violent partizans of this theory of independence of judges say that our construction destroys the principle altogether, that the constitution might as well have said nothing, that it leaves the judges entirely at the mercy of the legislature. This is arguing from the abuse of power, and ought not to be admitted, it is not to be presumed that when a constitution or a judiciary system is well adapted to the circumstances of the country, and gives satisfaction to the people, that it will be lightly changed or altered, or that it can be put down or destroyed merely to get rid of the officers; they may abuse any other article of power to as great excess; they might prescribe intolerable duties, as has been observed, and thus oblige the judges to resign, &c. He would not pretend to deny but that these words might be taken in a more extensive sense, but he thought this the most natural, and sufficient to satisfy them, and that there are not many pages in the constitution in which as probable and promising a criticism, as the one that has been made on this occasion, might not be taken and introduced to disturb and unsettle our practice. It is to be recollected that this theory of the independence of judges has already been carried by us farther than any body else has carried it, in placing them beyond the reach of removal, on the joint address of both branches of the legislature; he was not convinced that any so important effects had flowed from it, or that experience had as yet determined anything so certain and encouraging on this theory, as, at this time, to warrant a further extension of it by construction.
Another meaning which has been given to the words is, that the legislative power on this subject shall remain entire, to institute and shape the courts as they may think proper, with the one exception, that "there must be one Supreme Court;" but that judges once appointed, are authorised to hold their pecuniary emoluments during life, unless removed by impeachment. This construction does not go to defeat the proposed resolution; the resolution says nothing about what shall be done with the present judges; they may get their full salaries during life if it is their constitutional right. He thought that of very small importance in the argument, and hoped those gentlemen would not be prevented by it from voting for the resolution, if they thought it had been sufficiently supported by arguments
derived from the nature of the subject, which he thought was the true ground on which the question ought to turn.
But a much more extravagant construction on those words, he said had been, taken that the words "they shall hold their offices during good behavior," were to be considered as a limitation of the power of the legislature in creating and fashioning their offices—that the offices are to be considered as theirs, as a vested right, that it would be absurd to say they should hold their offices, that they were a vested right, &c. when they might any day be taken away by a change of the constitution, or a repeal of the law which creates it, and which is the constitution to that office; that you should not kill the man, but might sink the ship on which his life depended. Some also lay particular stress on the words "their offices" as meaning a particular and definite system of duties, which the judges had received from the government by the contract, that the legislature had no right greatly to vary or change this definite system of duties, so as to make it very burdensome, and oblige them to resign, and in that way affect this all important provision of the constitution, the independence of judges. This appeared to him so extravagant, and inevitably led to such a train of consequences, as had been fully stated by those who had gone before him; he was so confident it could not be adopted and practiced upon, that he scarcely apprehended any danger from it. To be sure, if the offices are theirs, a vested right, a matter of contract between them and the government, there is an end to all power in the legislature to change them or even legislate upon them, without the consent of the judges, they must survive the law creating them; and they must also survive, even though the constitution itself should be changed. If any construction does violence to the constitution, and defeats its most essential provisions, this is the one, and needs to be made the subject of all the warnings which had been addressed to us on those important grounds.
[PUBLISHED BY AUTHORITY.]
SEVENTH CONGRESS OF THE UNITED STATES,
AT THE FIRST SESSION, Begun and held at the City of Washington, in the Territory of Columbia, on Monday, the Seventh of December, one thousand eight hundred and one.
AN ACT Fixing the military peace establishment of the UNITED STATES.
BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the military peace establishment of the United States, from and after the first of June next, shall be composed of one regiment of artillery and two regiments of infantry, with such officers, military agents, and engineers, as are herein after mentioned.
Sec. 2. And be it further enacted, That the regiment of artillery shall consist of one colonel, one lieutenant-colonel, four majors, one adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four serjeants, four corporals, four musicians, eight artificers, and fifty-six privates; to be formed into five battalions: provided always, that it shall be lawful for the President of the United States to retain, with their present grade, as many of the first lieutenants, now in service, as shall amount to the whole number of lieutenants required; but that in proportion as vacancies happen therein, new appointments be made to the grade of second lieutenants until their number amount to twenty: and each regiment of infantry shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one serjeant-major, two teachers of music, and ten companies; each company to consist of one captain, one first and second lieutenant, one ensign, four serjeants, four corporals, four musicians, and sixty-four privates.
Sec. 3. And be it further enacted, That there shall be one brigadier general, with one aid-de-camp, who shall be taken from the captains or subalterns of the line; one adjutant and inspector of the army, to be taken from the line of field officers; one pay-master of the army, seven pay-masters and two assistants, to be attached to such districts as the President of the United States shall direct, to be taken from the line of commissioned officers, who, in addition to their other duties shall have charge of the clothing of the troops; three military agents, and such number of assistant military agents as the President of the United States shall deem expedient, not exceeding one to each military post; which assistants shall be taken from the line; two surgeons; twenty-five serjeant's mates, to be attached to garrisons or posts, and not to corps.
Sec. 4. And be it further enacted, That the
monthly pay of the officers, non commissioned officers, musicians and privates be as follows, to wit: to the brigadier general, two hundred and twenty-five dollars, which shall be his full and entire compensation, without a right to demand or receive any rations, forage, traveling expences, or other perquisite or emolument, whatsoever, except such stationary as may be requisite for the use of his department; to the adjutant and inspector of the army, thirty-eight dollars in addition to his pay in the line, and such stationary as shall be requisite for his department; to the paymaster of the army, one hundred and twenty dollars, without any other emolument, except such stationary as may be requisite in his department, and the use of the public office now occupied by him; to the aid-de-camp, in addition to his pay in the line, thirty dollars; to each pay-master attached to districts, thirty dollars, and each assistant to such pay-master, ten dollars, in addition to his pay in the line; to each military agent, seventy-six dollars, and no other emolument; to each assistant military agent, eight dollars, in addition to his pay in the line, except the assistant military agents at Pittsburg and Niagara, who shall receive sixteen dollars, each, in addition to their pay in the line; to each colonel, seventy-five dollars; to each lieutenant colonel, sixty dollars; to each major, fifty dollars; to each serjeant-major, forty-five dollars; to each serjeant's mate, thirty dollars; to each adjutant, ten dollars, in addition to his pay in the line; to each captain, forty dollars; to each first lieutenant, thirty dollars; to each second lieutenant, twenty-five dollars; to each ensign twenty dollars; to each cadet ten dollars; to each serjeant-major, nine dollars; to each serjeant eight dollars; to each corporal seven dollars; to each teacher of music, eight dollars; to each musician six dollars; to each artificer, ten dollars; and to each private five dollars.
Sec. 5. And be it further enacted, That the commissioned officers aforesaid shall be entitled to receive, for their daily subsistence, the following number of rations of provisions: a colonel six rations; a lieutenant-colonel, five rations; a major four rations; a captain three rations; a lieutenant two rations; an ensign two rations; a serjeant three rations; a serjeant's mate, two rations; a cadet, two rations; or money in lieu thereof at the option of the said officers and cadets at the posts respectively where the rations shall become due; and if at such posts supplies are not furnished by contract, then such allowance as shall be deemed equitable, having reference to former contracts and the position of the place in question; and each non-commissioned officer, musician and private, one ration; to the commanding officers of each separate post, such additional number of rations as the President of the United States shall, from time to time, direct, having respect to the special circumstances of each post; to the women who may be allowed to any particular corps, not exceeding the proportion of four to a company, one ration each; to such matrons and nurses as may be necessarily employed in the hospital, one ration each; and to every commissary officer who shall keep one servant, not a soldier of the line, one additional ration.
Sec. 6. And be it further enacted, That each ration shall consist of one pound and a quarter of beef or three quarters of a pound of pork eighteen ounces of bread or flour, one gill of rum, whiskey or brandy, and at the rate of two quarts of salt, four quarts of vinegar, four pounds of soap, and one pound and an half of candles, to every hundred rations.
Sec. 7. And be it further enacted, That the following officers shall, whenever forage is not furnished by the public, receive at the rate of the following sums per month, in lieu thereof: each colonel, twelve dollars; each lieutenant-colonel, eleven dollars; each major ten dollars; each adjutant six dollars; each serjeant, ten dollars; and each serjeant's mate, six dollars.
Sec. 8. And be it further enacted, That every non-commissioned officer, musician and private of the artillery and infantry, shall receive annually, the following articles of uniform clothing, to wit: one hat, one coat, one vest, two pair of wollen and two pair of linen overalls, one coarse linen frock and trowsers for fatigue clothing, four pair of shoes, four shirts, two pair of socks, two pair of short stockings, one blanket, one stock and clasp, and one pair of half gaiters: and the secretary of war is hereby authorised to cause to be furnished to the pay-masters of the respective districts, such surplus of clothing as he may deem expedient, which clothing shall, under his direction, be furnished to the soldiers, when necessary, at the contract prices, and accounted for by them out of their arrears of monthly pay.
Sec. 9. And be it further enacted, That the President of the United States be authorised to arrange, the officers, the non-commissioned officers, musicians and privates of the several corps of troops now in the service of the United States, in such manner as to form and complete, out of the same, the corps aforesaid; and cause the supernumerary officers, non-

commissioned officers, musicians and privates to be discharged from the service of the United States from and after the first day of April next, or as soon thereafter as circumstances may permit.
Sec. 10. And be it further enacted , That the officers, non-commissioned officers, musicians and privates of the said corps, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, or by such rules and articles as may be hereafter, by law, established: provided nevertheless, that the sentence of general courts martial, extending to the loss of life, the dismissal of a commissioned officer, or which shall respect the general officer, shall, with the whole of the proceedings of such cases, respectively be laid before the President of the United States, who is hereby authorized to direct the same to be carried into execution or otherwise, as he shall judge proper.
Sec. 11. And be it further enacted , That the commissioned officers, who shall be employed in the recruiting service, to keep up by voluntary enlistment, the corps as aforesaid, shall be entitled to receive for every effective able bodied citizen of the United States, who shall be duly enlisted by him for the term of five years, and mustered, of at least five feet six inches high, and between the ages of eighteen and thirty-five years, the sum of two dollars: Provided nevertheless, that this regulation, so far as respects the height and age of the recruit, shall not extend to musicians or to those soldiers who may re-enlist into the service: And provided also that no person under the age of twenty-one years shall be enlisted by any officer, or held in the service of the United States, without the consent of his parent, guardian or master, first had and obtained, if any he have; and if any officer shall enlist any person contrary to the true intent and meaning of this act, for every such offence, he shall forfeit and pay the amount of the bounty and clothing which the person so recruited may have received from the public, to be deducted out of the pay and emoluments of such officer.
Sec. 12. And be it further enacted , That there shall be allowed and paid to each effective, able bodied citizen, recruited as aforesaid to serve for the term of five years, a bounty of twelve dollars; but the payment of six dollars of the said bounty shall be deferred until he shall be mustered and have joined the corps in which he is to serve.
Sec. 13. And be it further enacted , That the said corps shall be paid in such manner that the arrears shall, at no time, exceed two months, unless the circumstances of the case shall render it unavoidable.
Sec. 14. And be it further enacted , That if any officer, non-commissioned officer, musician or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay, and under such regulations, as may be directed by the President of the United States for the time being: Provided always, that the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disability, half the monthly pay of such officer, at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant colonel; and that the rate of compensation to non-commissioned officers, musicians and privates, shall not exceed five dollars per month: And provided also, that all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.
Sec. 15. And be it further enacted , That if any commissioned officer in the military peace establishment of the United States, shall while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child, or children under sixteen years of age, such widow, or if no widow, such child or children shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow before the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, that such half pay shall cease on the decease of such child or children.
Sec. 16. And be it further enacted , That the paymaster shall perform the duties of his office, agreeably to the direction of the President of the United States, for the time being; and before he enters on the duties of the same, shall give bonds, with good and sufficient sureties, in such sums as the President shall direct, for the faithful discharge of his said office; and shall take an oath to execute the duties thereof with fidelity: And it shall be his duty to appoint from the line, with the approbation of the President of the United States, the several paymasters to districts and assistant paymasters to districts, and he is hereby authorized to require the said paymasters to districts, and assistants, to enter into bond, with good and sufficient surety, for the faithful discharge of their respective duties.
Sec. 17. And be it further enacted , That it shall be the duty of the military agents, designated by this act, to purchase, receive, and forward to their proper destination, all military stores, and other articles for the troops in their respective departments, and all goods and annuities for the Indians, which they may be directed to purchase, or which shall be ordered into their care by the department of
war. They shall account with the department of war, annually, for all the public property which may pass through their hands, and all the monies which they may expend in discharge of the duties of their offices, respectively: previous to their entering on the duties of their offices, they shall give bonds, with sufficient sureties, in such sums as the President of the United States shall direct, for the faithful discharge of the trust reposed in them: and shall take an oath faithfully to perform the duties of their respective offices.
Sec. 18. And be it further enacted , That if any non-commissioned officer, musician or private shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and during such a period, as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court martial, and punished although the term of his enlistment may have elapsed previous to his being apprehended or tried.
Sec. 19. And be it further enacted , That every person who shall procure or entice a soldier in the service of the United States to desert, or who shall purchase from any soldier, his arms, uniform clothing, or any part thereof; and every captain, or commanding officer of any ship or vessel, who shall enter on board such ship or vessel, as one of his crew knowing him to have deserted, or otherwise carry away any such soldier, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined at the discretion of any court having cognizance of the same, in any sum not exceeding three hundred dollars, or be imprisoned any term not exceeding one year.
Sec. 20. And be it further enacted , That every officer, non-commissioned officer, musician and private, shall take and subscribe the following oath or affirmation, to wit, "I, A. B. do solemnly swear, or affirm (as the case may be) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against their enemies or opposers whomsoever; and that I will observe and obey the orders of the president of the United States, and the orders of the officers appointed over me, according to the rules and articles of war."
Sec. 21. And be it further enacted , That whenever a general court-martial shall be ordered, the president of the United States may appoint some fit person to act as judge advocate, who shall be allowed, in addition to his other pay, one dollar and twenty-five cents for every day he shall be necessarily employed in the duties of the said court; and in cases where the president shall not have made such appointment, the brigadier-general, or the president of the court, may make the same.
Sec. 22. And be it further enacted , That where any commissioned officer shall be obliged to incur any extra expence in travelling and sitting on general courts-martial, he shall be allowed a reasonable compensation for such extra expence actually incurred, not exceeding one dollar and twenty-five cents per day, to officers who are not entitled to forage, and not exceeding one dollar per day, to such as shall be entitled to forage.
Sec. 23. And be it further enacted , That no non-commissioned officer, musician or private, shall be arrested, or subject to arrest, or to be taken in execution for any debt under the sum of twenty dollars, contracted before enlistment, nor for any debt contracted after enlistment.
Sec. 24. And be it further enacted , That whenever any officer or soldier shall be discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and rations, or an equivalent in money, for such term of time as shall be sufficient for him to travel from the place of discharge to the place of his residence, computing at the rate of twenty miles to a day.
Sec. 25. And be it further enacted , That to each commissioned officer who shall be deranged by virtue of this act, there shall be allowed and paid, in addition to the pay and emoluments to which they will be entitled by law, at the time of their discharge—to each officer whose term of service in any military corps of the United States shall not have exceeded three years, three month's pay; to all other officers, so deranged, one month's pay of their grades, respectively, for each year of past service in the army of the United States, or in any regiment or corps now or formerly in the service thereof.
Sec. 26. And be it further enacted , That the president of the United States is hereby authorized and empowered, when he shall deem it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank and emoluments of a major; two assistant engineers, with the pay, rank and emoluments of captains; two other assistant engineers, with the pay, rank and emoluments of first lieutenants; two other assistant engineers, with the pay, rank and emoluments of second lieutenants; and ten cadets, with the pay of sixteen dollars per month, and two rations per day: And the president of the United States is, in like manner, authorized, when he shall deem it proper, to make such promotions in the said corps, with a view to particular merit, and without regard to rank, so as not to exceed one colonel, one lieutenant colonel, two majors, four captains, four first lieutenants, four second lieutenants, and so as that the whole number of the corps shall, at no time, exceed twenty officers and cadets.
Sec. 27. And be it further enacted , That
the said corps, when so organized, shall be stationed at West-Point in the state of New York, and shall constitute a military academy; and the engineers, assistant engineers and cadets of the said corps, shall be subject, at all times, to do duty in such places, and on such service, as the president of the United States shall direct.
Sec. 28. And be it further enacted , That the principal engineer, and in his absence the next in rank, shall have the superintendence of the said military academy, under the direction of the president of the United States: And the secretary of war is hereby authorized, at the public expence, under such regulations as shall be directed by the president of the United States, to procure the necessary books, implements and apparatus for the use and benefit of the said institution.
Sec. 29. And be it further enacted , That so much of any act or acts, now in force, as comes within the purview of this act, shall be, and the same is hereby repealed; saving, nevertheless, such parts thereof, as relate to the enlistments or term of service of any of the troops, which, by this act, are continued on the present military establishment of the United States.
NAHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States, and President of the Senate. APPROVED, March 16, 1802. TH: JEFFERSON, President of the United States.
AN ACT For the relief Francis Duchouquet. BE it enacted by the Senate and House of Representatives of the United States of America, in congress assembled, That there be paid to Francis Duchouquet, out of any monies in the Treasury, not otherwise appropriated, the sum of two hundred and ninety-one dollars, and eighty-four cents, in full compensation for monies by him advanced to redeem certain American citizens captured by the Indians.
NATHL. MACON, Speaker of the House of Representatives. A. BURR, Vice-President of the United States, and President of the Senate. APPROVED, March 16, 1802. TH: JEFFERSON, President of the United States.
Lexington, April 9. We are informed, that on Sunday last, the Kentucky river was higher than it has ever been known.—Several boats and much property have been lost in consequence thereof. In attempting to stop a wrecked boat passing Frankfort, a man was unfortunately drowned.
The rains were so excessive in this town on Friday last, as to raise the water to such an extent in the garden of Mr. Robert Bradley, that it washed down his garden wall from between 60 and 100 feet in length—This wall was of brick, and 7 or 8 feet high.
On Saturday last the people of Frankfort experienced a severe hail storm; The hail stones are said to have weighed from half an ounce to an ounce—Scarce a single light of window glass that was exposed escaped being broken.
On Saturday last as three men were crossing a mill pond about a mile and a half below this place in a canoe, it overset, and one of them, by the name of McCaffack was unfortunately drowned.
The Bill to repeal the Internal taxes, passed the house of representatives of the United States on the 22d March. By this Bill the duties on bills and domestic distilled spirits, refined sugars, licences to retailers, sales at auction, carriages for the conveyance of persons, and stamped vellum, parchment and paper, are to be repealed from and after the 30th day of June next.
EXTRACT of a letter from a member of Congress, dated WASHINGTON, 20th March, 1802. "I THIS evening read a letter written by Mr. Livingston, our minister plenipotentiary at Paris, and dated on the 14th January, 1802; in which he states that Louisiana was ceded in March last to France, and that measures were taking by the first Consul to occupy and secure the possession of that important province."
Natchez, Feb. 17, Monsieur Pontalba, brother in law to the late Governor Miro, writes from Paris, to his friend in New Orleans, that the great nation will soon take possession of its ancient domains on the Mississippi and Ohio, as far as Pittsburg.
PRICES CURRENT. Natchez. N. Orleans.     D. C. D. C.     Cotton per cwt. 23 23   Tobacco, do. 3 to 4 4 none   Small Castings, do. 12 12 10   Bar Iron, none at market, 18 25   Bacon, per do. 10 to 12 none   Flour per barrel, 8 9   Whiskey per gallon, 75 none   Peach Brandy per do. 1 unfaleable   Lime per bushel, 75   Corn unhulled per do. 75 75  
ON Monday, Tuesday and Wednesday last, the Students of the Tranylvania University
were examined in presence of the Trustees. The progress in science and literature, which the Students have made since the last vacation, reflects honor on the President, Professors and Students, which was publicly acknowledged by the Trustees.
The degree of Bachelor of Arts , was conferred by the Trustees on Mr. ROBERT R. BARR.
A PETITION from the Students, was presented to the board, during their sitting; it was referred to a select committee, and their report thereon unanimously adopted by the board—The petition and report are as follows:
To the honorable Trustees of the TRANSYLVANIA UNIVERSITY.
GENTLEMEN, THE Students of the University having been told, that a respectable gentleman lately informed one of your body, that a report prevailed, that a society for the purpose of discussing deistical subjects or doctrines, exists in, or among the Students of, the Tranylvania University; and considering that such reports have not only a tendency to induce a belief that the laws of the University are disregarded, but also materially to injure, if not to ruin the reputation of the Students, and particularly such, as report may, with equal propriety, single out for that purpose, as the promoters of such society. How far such reports may operate to the injury of the institution; or to affect the reputation of the President and Professors, is not our immediate duty to enquire; but so far as it may affect our individual characters, we feel sensibly and deeply interested. We therefore pray you as our constitutional guardians, and the guardians of the University, to examine into this subject, and take such measures therein, as you in your wisdom may deem most advisable—Signed in behalf of the Students.
R. R. BARR, J. R. BEDFORD, J. OVERTON, N. G. HART, J. GAINES. } Committee.
THE Committee to whom the petition of the Students praying an enquiry into a report, that improper societies existed in the University, for debates or discussions of religious sentiments, have taken the same into consideration, and have agreed to the following report, as their decided opinion, after minute enquiry:—That there is not any society in the University, for discussing deistical sentiments, nor even for examining or debating on controverted points of religion; but that the laws of the university on this subject are carefully attended to by Professors and Students; that the report has originated either from mistaken ideas, or with those who are unfriendly to the institution.
I have this day vested in my Son DANIEL BRADFORD, the property of the KENTUCKY GAZETTE. The distinguished patronage which this paper has experienced for upwards of fourteen years, claims my most grateful acknowledgments, and excites in my mind the pleasing hope, it will not be diminished whilst under the direction of the present Editor.
The above information must necessarily suggest to those who have unsettled accounts, either for News-Papers or Advertisements, the propriety of a speedy settlement of those accounts, which alone can enable me to close my business.
The public's obliged, And very humble servant. JOHN BRADFORD. March 31st, 1802.
TO THE PUBLIC.
THE office of Editor of the KENTUCKY GAZETTE, having this day devolved on me, I enter with diffidence on the duties of the important task. Believing that the success of a Newspaper, depends alone on the talents, attention and integrity of the Editor; I flatter myself that so far as I may be deficient in the first, will be amply supplied by the other two.
THE encouragement heretofore given the KENTUCKY GAZETTE, will induce me to continue it on the present plan; and my hopes of success, rests on a determination to use my best endeavors, to merit the public patronage.
DANL. BRADFORD. March 31st, 1802.
TAKEN up by the subscriber, Clark county, on the head of Stoner, an IRON GRAY MARE,
About seven years old, upwards of fifteen hands high, shod before, no brand perceivable, appraised to £29.
JAMES MILLER. February 5th, 1802.
WAGON'S
R. BRADLEY RESPECTFULLY announces that he succeeds Major WAGON, in the commodious Brick House and Stables, which he lately occupied in this place, with a revision of assistants and servants, arranged to respective departments, which together with that peculiar respect shown himself while with Major Wagon, emboldens him to anticipate a patronage from GENTEL GUESTS, ONLY, as durable as his solicitude to please. Lexington, 15th Feb. 1802.

ROBBERY.
ONE HUNDRED AND FIFTY DOLLARS REWARD.
ON new year's night, the subscriber's Store in Alexandria, (Potomac) was broke open and robbed of about 1000 dollars worth of property: viz. 100 dollars in silver, 2 pieces of blue cloths, 2 pieces of smoke, 1 piece of brown mixture, 1 piece of black mixture and 1 piece of London brown cloths, (mostly superfine) a variety of striped and cross-barred swansdown, cassimers, dimities, merfaisles, cammels hair tambores shawls, also brown silk shawls with fringes, red, chocolate colored, and blue bandannas, and yellow flag silk handkerchiefs, black and light colored sewing silk, a variety of stockings, consisting of women's blue stockings with white clocks, also women's white worsted and men's fancy cotton stockings, many pieces sprigged muslin's marked with a black lead pencil thus of 4/ on the outside of the pieces and many more goods not remembered. The above reward will be paid for the property and robbers convicted, or one hundred dollars for the property alone. The persons suspected are two white men, in short blue and a molatto in light dress; were seen about 50 miles from Marietta moving towards the river Ohio.
JONATHAN & MAHLON SCHOLFIELD. Alexandria, March 8, 1802.
** The PRINTERS in Kentucky, are requested to insert this in their papers.
ALEXANDER PARKER & Co.
Have just imported from Philadelphia, and opened at their STORE, in Lexington, on Main Street, opposite the Court house,
A Very Large, and Well Assorted Cargo
MERCHANDIZE,
Consisting of
DRY GOODS, GROCERIES, HARD WARE, QUEEN'S, GLASS, CHINA, WARES, &c.
WHICH have been laid in on lower terms than usual, and which will be sold accordingly, for Cash, Hemp, and Country made Sugar. To avoid the great trouble and expence attending the collection of debts, no accounts will be opened.
Lexington, April 1, 1802.
LAST NOTICE.
ALL those indebted to the subscriber, by bond, note, or book account—likewise those indebted to the estates of JAMES & WILLIAM PARKER deceased, are requested to make payment of the respective sums due, before the first of June next. Those who fail to comply with this notice, may depend on suits being commenced against them without discrimination.
ALEXANDER PARKER.
Lexington, April 1, 1802.
NEW & CHEAP STORE.
Lewis Sanders, Esq. & Co.
HAVE received from Philadelphia, and are now opening a choice and general assortment of
MERCHANDIZE,
Consisting of
DRY GOODS, viz.
Superfine Cloths, Velvets and Fancy Cords, India Muslins, which they would sell low for cash, by the original package. Figured, plain & glazed cambric do. Tambores & plain Jacconet do. Ditto Book ditto, A choice assortment of Chintzes & Calicos of the newest and most fashionable patterns;
India silk, Romals & Bandanas, Irish Linen, sold very low by the piece; Lutestrings, Sattins & Saranets, Marfaisles Waistcoating, A large assortment of Umbrellas, &c. A very general assortment of Hardware, German, Crawley & English Blister steel, Vices,
A general assortment of Saddlery &c. China, Glass, Queen's & Tin ware. Groceries, Coffee, Teas, Spices, Dye Stuffs, Best Red Bark for sale by the pound or larger quantity; Port Wine, Bengal, Spanish and French Indigo, Annatto, Cotton and Wool Cards, &c. &c.
Having laid in the above assortment on such terms as will enable them to give greater bargains than has heretofore been given in this place, they flatter themselves that the purchaser will find it his interest to give them a call. No credit on any terms whatever.
Lexington, 2d April, 1802.
FOR SALE
At this Office,
A PLAIN ACCOUNT
OF THE
ORDINANCE of BAPTISM.
FIRST NOTICE
In the case of JOHN NANCARROW [A BANKRUPT.]
WHEREAS a commission of Bankruptcy, founded upon the act of Congress of the United States, passed on the fourth day of April 1800, entitled "An act to establish an uniform system of bankruptcy throughout the United States," has been awarded and issued against John Nancarrow, in the town of Lexington and district of Kentucky, merchant; and he has been declared a bankrupt. Wherefore the said John Nancarrow is hereby required to surrender himself, to the commissioners, in the said commission named, or the major part of them on the 10th and 24th days of April, and on the 8th day of May next, at 3 o'clock in the afternoon of each day, at the office of the District court in the town of Lexington, and make a full discovery and disclosure of his estate and effects, when and where his creditors are to come prepared to prove their debts, and at the second sitting to choose assignees, and at the last sitting the said Bankrupt is required to finish his examination: All persons indebted to said Bankrupt, or who have any of his effects, are not to pay or deliver the same but to whom the commissioners shall appoint.
2 Will. Marion, John Bradford, John Jordan, jun. Comfrs. Lexington, March 27th 1802.
DANVILLE DISTRICT, to wit:
January Term, 1802.
Nathan Huston, and Joseph F. Lewis Against Spencer Griffin, Defendant. IN CHANCERY.
THE defendant, having failed to enter his appearance herein, agreeable to law and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state; on the motion of the complainants, by their counsel, it is ordered, that the said defendant do appear here, on the third day of the next May Term, and answer the complainants' bill, and that a copy of the order be forthwith inserted in the Kentucky Gazette for two months successively; another copy posted up at the court house door, and a third copy published at the Danville meeting house door, some Sunday immediately after divine service.
A Copy. Telle, WILLIS GREEN. C. D. D. C.
Millersburgh Lead-Mine LOTTERY.
SCHEME.
 1 prize of 600 dollars, is 600  2 " 300 " " 600  6 " 100 " " 600  10 " 50 " " 500  50 " 20 " " 1000  100 " 15 " " 1500  2079 " 9 & a fraction, 19000  First and last drawn ticket, 100 each, } 200 
6000 tickets at 4 dollars each, 24,000 2,250 Prizes, 3,750 Blanks. Not two blanks to a prize. 15 per cent to be deducted from all prizes
The object of this Lottery is to raise 3600 dollars, in order to improve and extend the Lead Mine at Millerburgh, Bourbon county. When the immense advantage that will result to the community by improving this mine, (in retaining large sums of money in our own state) is taken into consideration, there scarcely can remain a doubt but that the tickets will meet with a rapid sale and the drawing commence in April next.
WILLIAM HENRY, THOMAS HUGHES, DAVID FLOURNOY, DANIEL DUNCAN, JOSEPH DESHAI, JOHN PICKETT, DUVAL PAYNE, WM. E. BOSWELL, Managers. ** Tickets to be had of the managers. IM&RAMf
BY LAST EVENING'S MAIL.
LONDON, January 19.
Yesterday the two houses of Parliament, met pursuant to adjournment.
From Lord Hawkesbury's explanations in reply to Mr. Elliot, it appears, that the fleet which failed from Brest to the West-Indies, did not put to sea without previous explanations given to government, of the necessity of sending out so large a force. The noble lord at the same time gave it to be understood, that government had not been unmindful of sending out such a fleet of observation, as effectually to support our colonies, even in the event of the French pursuing insidious objects.
The difficulties which occasioned the rupture in the progress of the commissioners of this country and the United States of America, appointed to decide on the respective claims made by the individuals of the two countries, are happily removed.
The government of the United States have agreed to pay a specific sum to the British government, which we understand to be two hundred thousand pounds, and which is to satisfy all the old long pending claims by British subjects on the individuals of that country. British claimants have now, therefore, to apply for restitution to their own government. The American claimants, also, for the captures by British cruisers, are, by the present adjustment, allowed to proceed as provided by this last commercial treaty between the two countries, and justice will therefore be rendered them on duly substantiating their losses.
The demands made by the English subjects on the United States, was above a million sterling. As that government is now released by paying only 200,000 pounds, it is conceived that the bargain is very favorable to America.
PHILADELPHIA, March 19.
On the 21st ult. Toussaint sent a deputation to general Leclerc, requesting him to deliver all the money and clothing found at Port Republican, which he alleged, rightfully belonged to his people.
General Leclerc peremptorily rejected the demand and summoned Toussaint to surrender within three days. A second deputation was sent, and brought with them a petition signed by all the white inhabitants from every quarter, who were in Toussaint's possession, praying general Leclerc to pay attention to the many and great services hitherto rendered to the Colony by the "virtuous Toussaint." "Virtuous Toussaint!" exclaimed general Leclerc, "people why will you be deluded by a villain who has deceived France and all Europe, and who now wishes to deceive me: but in which he will be deceived? Go tell him, that there is now no grace for him, in a few days I will make him a public and ignominious spectacle. Virtuous Toussaint, indeed! When he, himself, not four months ago, instigated Moyes to murder the whites, and then, after a mock trial, shot the instrument of his own guilt, because he saw in him a dangerous rival."
General Leclerc, turning to his troops, thus addressed them:
Soldiers,
The government of France has sent us here to protect the inhabitant, to establish order, and to preserve to them their colony of St. Domingo. The rebellion of Toussaint is evident. The campaign against the rebels will be instantly opened. Be provident of your provisions and ammunition (70 cartridges had just been distributed to each man) Against such brigands, we need only use the bayonet. In six weeks the colony will be ours.
NEW-YORK, March 17.
Captain Smith, of the schooner Washington, from New-Providence, informs us, that American vessels were buying up there to be sent to the Havana, in the expectation of a speedy rupture between the United States and Spain!
WASHINGTON (City,) March 24.
The master of a Genoese vessel arrived at Tunis, reports, that the French government has caused it to be intimated to the regencies of Africa, that if in the course of 40 days they do not set free all their slaves, and declare themselves in peace with all nations they will be compelled to do so by force of arms.
March 25.
The following important document establishes the fact, that Spain has ceded Louisiana to the French:
TREATY,
Signed at Madrid, 21st March, 1801, by the Prince of Peace and Lucien Buonaparte.
The first consul of the French republic and his Catholic Majesty, desirous of permanently determining the states which the son of the Infant of Parma shall receive, as an equivalent for the Duchy of Parma, have agreed to the following articles, and have named as plenipotentiaries, by the first consul, Lucien Buonaparte, ambassador from the French republic, and by his Catholic Majesty, the Prince of Peace, who have determined on the following articles:
Art. I. The reigning Duke of Parma forever renounces both for himself and heirs, the Duchy of Parma, with all its dependencies, in favour of the French republic; the renunciation of which shall be guaranteed by his Catholic Majesty. The Grand Duchy of Tuscany, which the grand duke also renounces, the cession of which is guaranteed by the Emperor of Germany, shall be given to the son of the Duke of Parma, as an indemnification for the countries ceded by the Infant, his father, and in consequence of a treaty which had been previously concluded between his Catholic Majesty and French republic.
II. The Prince of Parma shall repair to Florence where he shall be acknowledged as sovereign of all the possessions appertaining to the Grand Duchy, and shall receive from the hands of the constituted authorities, the
keys of the forts and the oath of fidelity which they owe him in his character of sovereign.
The authority of the first consul shall contribute to the peaceable execution of these acts.
III. The prince shall be acknowledged king of Tuscany, with all the honors appertaining to his rank; the first consul will acknowledge and will have him treated as such by the other powers. The arrangements necessary for this purpose shall be made previous to his taking possession.
IV. That part of the isle of Elbe which belongs to Tuscany, and is dependent on that state, shall remain in the power of the French republic, and the first consul shall give as an indemnity for it, to the king of Tuscany, the country of Piombino, which appertains to the King of Naples.
V. As this treaty derives its origin from that which has been concluded by the first consul with his catholic majesty, by which the king cedes to France the possession of Louisiana, the contracting parties agree to execute the articles of the anterior treaty; and to employ their respective power in the adjustment of the differences therein mentioned.
VI. As the new house, which is thus established in Tuscany, is of the family of Spain, their states shall be forever the property of Spain, & there shall be called to the throne an Infant of that family. If the reigning king or his children shall not have heirs, the sons of the reigning King of Spain shall succeed to these estates.
VII. The first consul, and his Catholic majesty, agree to obtain for the reigning duke of Parma, in consideration of the renunciation he has made in favour of his son, just indemnities, either in possessions or revenues.
VIII. The present treaty shall be ratified and exchanged in three weeks.
(Signed) LUCIEN BUONAPARTE. PRINCE OF PEACE.
March 26.
We understand that a convention between the United States and Great-Britain has been concluded, which terminates all the existing differences under the sixth article of the British treaty.
In this convention it is stipulated that all claims of British subjects on the American government under the sixth article shall be commuted into an obligation of the United States to pay the British government 600,000 pounds sterling, in three annual payments, the first installment to be paid one year after the final ratification of the convention.
On the other hand, claims of American citizens for spoiled property are to be adjusted, as provided for under the British Treaty, and payment to be made therefor by the British government at London at the above periods.
TRANSLATED for the NATIONAL INTELLIGENCER.
In the name of the French Government.
LIBERTY. EQUALITY. The general in chief decrees the following arrangements:
Art. 1. The colony of St. Domingo is put in a state of blockade.
2. The only ports in which vessels coming from foreign parts can enter (until further orders) are those of the Cape and Port-au-Prince.
3. Every vessel, coming from other parts of this island, which shall not conform to these orders, shall be taken by the cruising vessels and brought into one of the above mentioned ports. The cargo shall be examined, and if it contains arms, powder or other warlike articles, shall be confiscated.
4. All the small vessels which are found in the creeks, roads or bays on the coast of St. Domingo, shall be taken; those found on the French side, into the Cape and Port au Prince, and those on the Spanish side, into Santo Domingo.
5. The admiral Villanet is requested to take the necessary measures for the execution of this decree.
At the head quarters at the Cape, 28 Pluviôse, 10th year of the French Republic. (Signed) LE CLERK.
CONGRESS
HOUSE OF REPRESENTATIVES.
WEDNESDAY, March 24.
A concurrent resolution of the two houses, was agreed to, for the adjournment of the two houses on the 2d Monday in April.
[We understand that the Senate have postponed the consideration of the resolution.]
THURSDAY, March 25, 1802.
Mr. Bacon moved the appointment of a committee to enquire whether any and what reduction it would be proper to make in the compensations of the Senators and Representatives.
To this motion several amendments were made, on which considerable discussion ensued, which terminated, on the motion of Mr. J. C. Smith, in the reference of it to the select committee appointed on the 4th Jan. to enquire what alterations it may be expedient to make in the civil list.

SACRED TO THE MUSES.
MY MISTRESS.
LET Cowley, soft in am'rous verse, The rogings of his love rehearse, With passion most unruly; Boast how he woo'd sweet Amoret, The sobbing Jane, and sprightly Bet, The lilly fair, and smart Brunette, In sweet succession truly.
But list, ye lovers, and you'll swear, I royd with him, beyond compare, And was far more unlucky; For never yet, on Yanke coast, Were found such girls, who so could boast, An honest lover's heart to roast, From Casco to Kentucky.
When first the girls nicknam'd me beau, And I was all for dres and show, I set me out a courting; A romping miss, with heedless art, First caught, then almost broke my heart, Miss Conduct nam'd; we soon did part, I did not like such sporting.
The next coquette who rais'd a flame, Was far more grave, and somewhat lame, She in my heart did rankle; She conquer'd with a sudden glance, The spiteful flut was call'd Miss Chance, I took the gipsy out to dance; She almost broke my ancle.
A thoughtless girl, just in her teens, Was the next fair, whom love, it seems, Had made me prize most highly; I thought to court a lovely mate; But how it made my heart to ache; It was that jade, the vile Miss Take— In troth, love did it filly.
At last, Miss Fortune, whimpering came, Cur'd me of love's tormenting flame, And all my beau pretences; In widow's weeds, the prude appears; See now she drowns me with her tears; With boney fist now cuffs my ears, And brings me to my senses,
EXTRAORDINARY WILL OF A MISER IN IRELAND.
The words are:—"I give and bequeath to my sister-in-law, Sarah Dennis, four old worsted stockings, which the will find underneath my bed—to my nephew, Charles M'Carney, two other pair of stockings, lying in the box where I keep my linens—to Lieut. Johnston, of his Majesty's 5th regiment of foot, my only pair of white cotton stockings, and my old scarlet great coat; and to Hannah Bourne, my house-keeper, in return for her long and faithful services, my cracked earthen pitcher."
Hannah in anger told the other legatees that she resigned to them her valuable share of the property, and then retired. In equal rage, Charles kicked down the pitcher, and as it broke, a multitude of Guinea's burst out, and rolled along the floor. This fortunate discovery, induced those present to examine the stockings, which to their great joy, were crammed with MONEY.
FOR SALE,
THE Property lately occupied in this town, by Mr. Arthur Thompson, and at present by Mr. Dellum, consisting of Two New Two Story FRAME HOUSES, Neatly finished, large and convenient Cellars, a large frame Stable and Kitchen, good Smoke House, and Three Lots belonging to the above premises. Also two hundred acres of GOOD QUALIFIED LAND, lying on the head of Sal. River, about seven miles from this town; the title clear of every kind of dispute; the Land is well watered, but entirely unimproved. A liberal credit will be given for the payment, and the whole amount will be received in Produce. The terms will be made known by application to Messrs. Cochran & Thurby, merchants, of Philadelphia; or the subscriber, in Danville.
Danville, 9th February, 1801 J. BIRNEY. daJJ
NOTICE.
29 PUBLIC ENTERTAINMENT will be kept at the SIGN OF THE BUFFALO, On Main street, in Lexington, opposite the Public square.
FOR SALE,
20 TWO STILL & A BOILER, MADE of Copper, of superior quality. The terms will be made easy to the purchaser, and likely young Horses taken in payment. For further particulars application may be made to the Editor of this Paper. November 4, 1801
DANVILLE DISTRICT, sct. January Term, 1802.
Cuthbert Harrison, Complainant. against James Barbour, Thomas Defendants. Holt, and Philip Barbour, IN CHANCERY.
THE defendant Holt, 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 the said defendant is not an inhabitant of this state; on the motion of the complainant, by his counsel, it is ordered that he do appear here, on the third day of the next May term, and answer the complainant's bill; and that a copy of this order be forthwith inserted in the Kentucky Gazette, for two months successively; another copy posted up at the court house door, and a third copy published at the Danville meeting house door some Sunday immediately after giving service.
A copy. Teste, WILLIS GREEN, C. D. D. C.
THE President and Directors of the Kentucky Insurance company, think it their duty to inform their fellow citizens and the public in general, that they are now organized, and ready to receive proposals to insure vessels or boats of every description, on their voyages up or down the Western waters, or at sea. Application may be made at their office in Lexington, accompanied with declaration of the shipper and certificate containing the name, burthen, dimensions and the goodness of the said vessel or boat, their being well found for the intended voyage, the bill of lading or manifest of the cargo, the port from which they sail and place of destination. Further information may be had at their office. Lexington, 1st February, 1802.
A LARGE, ELEGANT, AND WELL CHOSEN ASSORTMENT OF 10 GOODS,
Just received, now opening And For Sale at the STORE of JOHN A. SEITZ. Lexington, Feb. 3d, 1802
WANTED,
A QUANTITY OF MERCHANTABLE WHISKEY, (If delivered at Frankfort would be preferred) Apply to MACBEAN & POYZER. Lexington, 26th, Feb. 1802.
NICHOLAS BRIGHT, BOOT & SHOE MANUFACTURER. Returns his thanks to his customers for their past favors, and hopes by his attention to business to merit them in future. He begs leave to inform the public in general, that he has removed his shop next door to Mr. Boggs's, opposite capt. Henry Marshall's tavern, on Main street.—The ladies are respectfully informed that they may be supplied with Grecian Sandals, a new and much esteemed improvement, and superior to the former fashions. Other branches of his business is carried on as usual, with neatness and dispatch. Lexington, February 12.
AS my Son Tandy Rutherford, has without any just cause eloped from out of my care, or jurisdiction, I hereby forwarn any person or persons, whatever, from dealing with him, or harbouring him by any means, as I shall not spare putting the law in force against any body that will be liable for the above breach, &c. Archibald Rutherford. March 23, 1802.
TO BE RENTED FOR ONE YEAR, And possession given on the 1st of May,
THE lot and buildings thereon, in the town of Lexington, opposite the Office of the Kentucky Gazette, and extending from Main-street, to Short-street. There is a handsome two story BRICK BUILDING, Fronting on Main-street, a BRICK KITCHEN and SMOKE HOUSE, and a good FRAMED STABLE back. Any person inclined to take the above mentioned lot and buildings, may know the terms by applying to the Printer hereof.
NOTICE.
AS I have invented a Machine for the CUTTING OF NAILS, which will on a moderate calculation, cut one thousand pounds of Iron into Nails of any size, in twelve hours; and have shewn a model thereof, to a number of my friends and acquaintances; also, have taken the proper steps to obtain a patent for the same, I do hereby forwarn all persons from making use of said invention, under the penalty of what the law directs in such cases. EDWD. WEST. Lexington, 24th March, 1802.
WHEREAS my wife Issabella Green, on the 10th inst. left my bed and board without any just cause, I hereby forwarn all persons from contracting with, or crediting her on my account, as I will be bound by no contracts she may make. I also forwarn any person from harbouring her, as I will most assuredly prosecute them with the utmost rigor of the law. WILLIAM GREEN. Jessamine county, March 25, 1802.
FOR SALE
At this Office, THE GENERAL INSTRUCTOR. Price 2 1-2 Dollars.
A LIST LETTERS
Remaining in the Post Office, Lexington, on the 31st of March, 1802, which if not taken out by the 30th of June next, will be sent to the General Post Office as dead letter.
A.—Richard Ashton, Lexington; Eliza Allen, near ditto Fayette county, on Hickman waters; Aga Adman, care of James Brown; Anne Atkin, care of Mr. Brownlee; Adw. Armstrong, care of Messrs. Saml. & Geo. Trotter; Geo. Adams, Lexington, 3.
B.—Jos. Beard, Lexington; Jno. C. Bayless, do. 2; David Brown, do. Wm. Brown, near do. George Brownlee, do. Anth'y. Blest, do. 3; Rebecca Bain do. Stephen Barrett, to the care of the Post-Master, do. John Blyth; Valentine Barnard, Fayette cy. David Barkley; Mr. Bealart, at Col. Hart's rope works, Lexington; Thos. Belt, Lexington; Benj. Berry near do. care of Maj. Wagon; capt. John Bell, Fayette 3. capt. Thos. Bell, near Lexington.
C.—John Chiles, esq. near Lexington; John Calhoun, near do. Alex Colwell, do. col. Marquis Calmes, near do. Thomas Clarke, Crofs Plains, Fayette, cy. 2; Tho. Cavins, near Lexington; Allen Campbell, near do. Thos. Cox, South Elk-horn; James Cord, care of Robt. Campbell, Lexington, 2; the rev. Mr. Chayer, catholic missionary, near do. Tho. Cavins, near do. Benony Ceshow, Fayette cy. Chas. Clarke, Lexington; Walter Carroll, do. Jas. Crutcher, Jessamine cy. Elizabeth Curry, Fayette cy. Delia Cromwell, Lexington; Danl. Caldwell, near do. Jas. B. Crawford, do.
D.—Adrian Deimport Lexington; Geo. Dodds, care of Mr. Key, Louisville; Jno. Daniel Lexington; rev. Mr. Jacob Dotsman, do. 2; Geo. Durret, Fayette cy. J. J. Dufour Lexington.
E.—Hugh Emmison near Lexington; Rolfe Eldridge, jun. do.
F.—Jno. or Jas. Fleming, Lexington; Leo. Fleming, near do. Jos. Freeland, care of R. Wilson, esq. near do. Millesent Fowler, Manchester; Leo. Fleming, Lexington.
G.—James Gray, near Lexington, 2; Jno. Gray, do. Jno. Gregg, care of Mr. Todd, cotton manufacturer; capt. Wm. Grant, Lexington; col. John Grant, do. capt. Benj. Graves, do.
H.—Andw. Holmes, Lexington; Jos. Harkins, do. Geo. Hunter, near do. care of Benj. Parish; George Hamilton, Kentucky, America; Penelope Hart near Lex. 2; Abel Headington, do. care of Saml. Ayres; Danl. Huffert, near do. David Huston do. Jas. Harrison, do. Benj. Howard, att'y. at law, Fayette; Pary Humphreys, Lexington; Thos. Hawes, Georgetown, Scott cy. maj. Adam Hoope, Lexington, 2; Hezekiah Harrison, esq. near do. 3.
I.—Alexander Irvine, care of Thos. Irvine, near Lexington; Richd. Jones, near do. Ephraim January, Jessamine cy. Wm. Irvin near Lexington; James B. January do. 3.
K.—Ro. Kindall, near Lexington, care of Alex. Parker; Jno. Knox, do. care of Mr. Todd, merchant; Tho. Kirtley, near do.
L.—Wm. Leavy, merchant; Jacob E. Lehre, Lexington; James Loney, do. 2; Wm. Ledlie, near do. Henry Lankert, do. Barnard Linglefelter, Fayette cy. Asa K. Lewis, student, Lexington; Wm. Lytle esq. do. Saml. Lewis, near do.
M.—Wm. McFarland, to the care of maj. Morrison; John McKinny, Lexington; Mr. M'Gowan, near do. maj. Jno. Morrison, Hickman C. K. Jno. Morris, Fayette cy. James Millegan, care of Geo. Tegarden, Lexington; David Mitchell, Cain run, Fayette cy. A. M'Laughlin, Gardner, Lexington, care of Maj. Morrison; Mary Ann Marshall, care of H. Marshall; maj. Jas. Morrison, Lexington; Jno. Malon, do. Zach. Marigum, care of Doct. Freeman, do. Ann McGregor, do. Charles McPheter, near do. col. James McDowell, near do. Nich. Morgan Fayette cy. col. David Meade, Lexington; Geo. Mansel, do. Jno. M'Dowell near do. capt. Tho. M'Murdie, do.
N.—Wm. Niblick jr. Crofs plains; John Nancarrow, Lexington, 2;
O.—Thomas Ochletree, const. Lexington; Waller Overton, Fayette cy. 3.
P.—Henry Payne, esq. Fayette, cy. Col. Ro. Patterson, Lex. 9. Jos Patterson, Fayette cy. care of col. Trotter. Ro. Poag, Fayette cy. Jno. Peake, Ky. Fielder Parker, near Lex. Mr. Page, at col. Meade's, Jno. Parish, Lex. Ira Percival, do. Mary Pickett, near do.
R.—Jas. Reed, Fayette cy. Geo. Robinson, Ky. care of rev. Mr. Marshall, Alex. Rofs, Lex. Jno. Right, near Brian's station; Ninian Riley, Fayette cy. Jas. Russel, Instructor of an Academy near Lex. Thos. Ramsey, S. Elk-horn, 2. Sufannah Runian, Lex. Wm. Robertson, Clarke cy. Wm. Rinson, Lex. Jno. Rogers, Fayette, capt. Jos Rogers, near Lex. 4. Capt. Jno. C. Richardson, near do. Lieut. Wright, do. Gen. Wm. Russell, Fayette.
S.—Peyton Short esq. near Lex. Thos. Simpson, care of Jno. Arthur, Merchant do. Sufanna Shack, do. Jos. Smith, student, care of rev. J. Welsh, do. Jas. H. Stewart, do. 3. Martin Sidner, Fayette cy. Henry Sidner, Lex. Mr. Sullivan, Surveyor do. Francis Stall, do.
T.—Ro. Taylor, Fayette cy. col. Stephen Temple, Lex. Wm. Taylor, fuller, Howard's creek; Jno. Taylor, Lex. Tatman Truitt, Scott cy. Michl. Troy, Lex. David Taylor, Rockbridge cy. Mr. Tibbats Lex. The Hon. B. Thruston, do. V.—Mr. Vanpraddle, Lex. Jas. Vinson, do.
W.—Hallett Mitchell Winflow, Fayette cy. David Williamson, Lex. J. Wier do. Jas. Wilson, Woodford cy. care of H. Marshall, 2. Wm. Welsh, care of Jona. M'Guire Lex. Jas. Wilson, schoolmaster Scott cy. Alex. Wright, care of John Anderson, Lex. Rev. Jas. Welsh, do. Jos. Williams, do. Hon. Caleb Wallace, near do. 2. Mr. Warfield, near do. capt. Robt. Wilson, Fayette cy. maj. Jas. Ware, near Lex.
Y.—Jno. Young, Lex. Philip Yeiser & Son, do. Z.—Bred. Zimmerman, Lex. JOHN W. HUNT, P. M.
For the information of those who wish to make INSURANCE.
APPLICATION for insurance must be accompanied with a certificate, specifying the length and width of the vessel or boat, the cable, stern-fast, number of oars, pump and canoe or skiff, the number of hands, &c. which ought to be given by persons who are judges, and who are disinterested reputable men. A bill of lading signed by the captain, or a manifest signed by the inspector, which shall specify the whole of the cargo on board, or to be put on board—it must also state where the boat or vessel lies—where she will take in her cargo—when she will take her departure; or if she has failed, the time when, and the port to which she is bound; and if any information has been received from her since she failed, it must be communicated. The insurance does not commence until the vessel is under way, on her intended voyage and the premium paid.
In all cases of loss, if practicable, a survey must be made by disinterested men, who are to state in writing, what in their opinion is necessary to be done, for the interest of the parties concerned; as also a protest to be entered by the captain on oath, in which the hands must join, stating particularly the loss, where and how it happened, and what cargo was then on board.
In case a boat or vessel be lost, it is the duty of the captain and hands, to use all possible means to recover the whole or as much as possible, of the cargo, for which labor and expence, the insurers will pay their proportionable part.
No boat which is insured, must attempt to pass the Falls of the Ohio, without taking a pilot on board.
Any shipper, who intends to tarry at any port or place on the voyage, for the benefit of trading, or other purposes, must have an article to that effect, inserted in the policy of insurance.
Published by order of the Directors, WILLIAM MACBEAN, Ck. March 4th, 1802.
NOTICE
HAVING removed my family to a farm in the neighborhood of Lexington, and intending still to do my business in town, I think it necessary to inform my clients that except during the sessions of the Court of Appeals, General Court, and Circuit Court of the United States for Kentucky and the Territories North-West of the Ohio, I shall attend at my office, in Lexington, every day, from nine o'clock in the morning, until one in the afternoon, at which time and place, all who have business with me must attend.
30 J. HUGHES. Lexington, September 11th, 1801.
TAKEN up by the subscriber living in Clarke county, on Bull run, a bright bay MARE, five years old, fourteen hands high, a few saddle spots on the back, snip on the nose, and a few grey hairs in the forehead, no other mark or brand perceivable.—Appraised at £12 15.
2 JOHN CLEMMONS. February 2, 1802.
JAMES MACCOUN, Has just received from Philadelphia, a large and well chosen assortment of MERCHANDIZE,
Of the latest importations from Europe, And now opening at his Store on Main street, nearly opposite the Market house, which will be sold at the LOWEST PRICES for CASH.
Also, from his Nail Manufactory, A constant supply of Cut and Hammered NAILS, of the best quality. Lexington, January 18, 1802.