The Kentucky gazette (Lexington [Ky.]), 1800-06-12 00:00:00

FOR THE KENTUCKY GAZETTE.
ON CLASSICAL LITERATURE.
PHILOLOGUS, No. II.
Read Homer once, and you can read no more: For all books else appear so mean, so poor, Verse will seem prose: but still persist to read, And Homer will be all the books you need.
DUKE OF BUCKINGHAM.
The latin authors are possessed of uncommon excellence.—The Roman historians are the best that ever existed.
GODWIN.
HAVING in the preceding number made a few observations on the morality of the ancient classics, I next proceed to say something of their literary merit compared with that of the moderns.—And, here, was I possessed of the penetrating wit, and satirical humour of a Swift, I might draw up the ancient and modern armies in battle array, marshal the literary troops, and lead them on to the mighty contest, "shield to shield, and lance to lance opposed." But as I have neither genius nor inclination for martial description, I shall content myself with discussing the subject as briefly as possible.
The ancients have heretofore, been universally considered as the best models for imitation in history, oratory, and poetry; and I must acknowledge, I have never yet met with any realons advanced, of sufficient weight, to incline me to think the general admiration misplaced. The reputation of such writers as Homer, Virgil, Demosthenes and Cicero, notwithstanding the furious attacks of some upstart Goths and tasteless Vandals, is established upon a foundation firm and immovable as a rock of adamant. Amidst all the vicissitudes of human affairs—while other empires fall around, and the wrecks of time strike the traveller with astonishment, these immortal productions shall still stand towering towards heaven, as eternal monuments of ancient genius.
Their celebrity must be the necessary consequence of their intrinsic worth; because it depends on the almost universal taste of mankind, for the space of more than eighteen centuries. Imperfections are, indeed, discoverable in their works, passages faulty and even puerile may be found in their writings; but these, when we consider the countless number of their superlative beauties, are swallowed up as a drop of water in the immense ocean. There is an argument in favour of these distinguished writers, almost equal to a mathematical demonstration:—they perfectly accord with the common standard of human nature: their works being only a transcript of nature's page, must therefore, be no less perennial than creation itself. They impress the general feelings of mankind almost as forcibly as the immediate voice of nature herself.—In matters of taste where lies the appeal? Where is the criterion? Where is the standard, and where the grand tribunal to which we must apply for a decisive judgement? Not alone the professors of schools and universities—not to the abstruse speculative philosopher; nor the dry abstract metaphysician; but to the common feelings and sentiments of mankind. These have, certainly, been long enough consulted on the subject of classical merit. They have been appealed to not for a few years only; but for many centuries, and throughout all republics, states, and kingdoms, where the rays of science have in any degree dispelled the darkness of barbarism; or humanized the savage breast. The natural simplicity, energy and pathos of those super-eminent authors, with divine impulse, as a flash of ethereal fire have thrilled along the nerves, and warmed the human heart, in every age: in consequence of which effects constantly produced by the same cause, they have declared their sentence, pronounced the verdict and given their united sanction to the works of superior genius.
"In matters of mere reasoning, says a very judicious critic, the world may be long in an error, and may be convinced of the error by stronger reasoning when produced. For this reason a system of philosophy receives no sufficient sanction from its antiquity or long currency." Old theories may be exploded and new ones adopted in their stead.—But in works of taste there can be no such vicissitudes, their dependence is not upon the progress
five improvement of science; but upon the natural formation of the human mind, which, making allowances for the difference of culture, is invariably the same in all the sons and daughters of Adam. In matters of taste, therefore, the world are not liable to be imposed on, as in the intricate mazes of philosophic speculation. That "the universal feeling of mankind, is the natural feeling & consequently the right feeling," is no less perspicuous than, that all the three angles of a triangle taken together are equal to two right angles .—But some person may here object, and ask, is the public never deceived? Does it never pass a wrong judgement on a poetical, or rhetorical composition? To this I answer, it can never be long imposed upon. 'Tis true a very paltry performance, when it coincides with the interests and prejudices of a party; or flatters any prevailing vice or folly, and agrees with the humours and inclinations of the populace, or of a demagogue whose opinions they respect, may be for some time in vogue, and even supplant a work of much greater merit; but this fondness is never lasting; for, as soon as the zeal and enthusiastic fervor of passion subsides, a work without sufficient merit to support it, falls down to its proper place—"To dumb oblivion's ever desert shade." Besides such a performance is esteemed, or celebrated in only one nation or country: it can never obtain a general currency in different countries, among nations of different manners customs and genius—its reputation is only local and temporary; never extensive and permanent.
The subject of the comparative merit of the ancients and moderns have already been discussed, by several late writers, in so masterly a manner, that to those who wish to form a just estimate of ancient composition, I particularly recommend the perusal of them. The authors to whom I particularly allude are, Blair, Knox, and Godwin, who, for correctness of judgement liberality and refinement of sentiment, perspicuity and elegance of language, justly claim a distinguished rank among the writers of the present age.—My design in this place, is only to offer a few remarks on those parts of the subject, which have been but little insisted on by preceding writers.—In general, when we compare the writings of the ancients, with those of the moderns, we are struck with the following characteristical difference. On the side of the ancients we generally discover more sublime conceptions, greater simplicity, more vigor and strength of imagination & greater fertility of genius. On the part of the moderns, we commonly perceive more art, more correctness, greater refinement; but less originality.—This rule is not without its particular exceptions—Shakespeare seems to have drawn his inspiration from the purest fountain of nature—he is a strong, bold, nervous writer, full of sublime and noble sentiments.—But amidst the greatest beauties, so many irregularities, low conceits, gross blunders, coarse and vulgar expressions, occur so frequently as to leave the reader in doubt whether his uncommon excellencies on the one side are not more than counterbalanced by his glaring deformities on the other.
In poetry, eloquence and history, the ancients have greatly the superiority. But in natural philosophy and all sciences the knowledge of which is progressive, we have undoubtedly gained some advantages as these things cannot be brought to perfection but by long and continued experience.—In epic poetry, Homer shines as yet unrivalled. In simplicity, invention, native fire and impetuosity, he excels all other poets. Among the moderns, Milton is commonly placed in the front, and is, indeed, a poet of surprising genius, of astonishing sublimity, and extraordinary strength and richness of imagination.—In fertility of invention he yields to none but Homer.—His machinery however is far inferior to that of the antient poet. The English bard discovers, perhaps, more art and refinement of thought; the Grecian poet more nature. The verification of the former is often affected, harsh, and turgid; the flowing numbers, and melodious verse of the latter, are grateful even to the ears of those who are ignorant of the Greek language. Homer transcends all other poets in animated scenes, and particularly in describing martial achievements; and also in a proper display of characters. In these respects, Milton, as
an epic poet, is very deficient. His allegorical personages, Death and Sin are inadmissible in a good epic poem. Indeed according to the strict rules of criticism, it cannot be called an epic poem at all. If Adam be the Hero, the poem is very ill conducted, for it terminates very unfortunately. It is certainly very unnatural, as well as contrary to poetic justice, to leave a virtuous character, after struggling with a variety of misfortunes, in a state of wretchedness. If Adam be not the hero then (as Mr. Dryden observes) the Devil must be the hero, for he is the best supported character in the whole poem, and gains a triumph over Adam and all his posterity; for I presume no friend of the poet will venture to mention his Paradise Regained , as it would only disgrace the author to compare that with the Iliad . Besides, when we consider the early period in which Homer wrote, in which he could have no proper model or pattern for imitation; and that Milton frequently borrows both from Homer and Virgil; many passages being almost literally copied from the ancient poets; and that he makes a constant use of the heathen mythology as conducing to the beauty of his poetry: these things, I say, being considered, we may safely conclude, without detracting in the least from the real character of the prince of the English poets, that he must be content, without daring to encounter the noble Grecian bard. I will, however, admit, that in a few instances he equals Homer; but then, in many other respects, he is far inferior even to Virgil.—The rules of epic poetry, says the modern caviller, were originally drawn from Homer, and must therefore be in his favour. Why were they taken from Homer, I ask? was it not because his writings were perfectly agreeable to nature, as a celebrated modern poet observes,
"But when to examine every part he came, Nature and Homer were he found the same."
Let any impartial and candid critic (if such a thing can be found) compare the orations of Demosthenes and Cicero, with the most applauded specimens of oratory that have been delivered in modern times, & he must necessarily acknowledge, that instead of having excelled, they have fallen considerably short of equalling those two ancient orators.
It will readily be granted, that republican governments afford the best opportunities for displaying eloquence. For the most energetic, animated, persuasive, & pathetic orations among the moderns, we must, therefore, look to France and America, where we will find several orations, that discover a high degree of that daring, masculine spirit and enthusiastic ardor which once prevailed in the famous republics of Greece and Rome. But yet I can by no means allow that any of them are superior to those of Demosthenes and Cicero.—Methinks I hear some person exclaim—Is it not bigotry to be attached to those old authors? What were these ancients that we should extol them so highly? Were they a race of men superior to the moderns? Or were the climates of Greece and Rome peculiarly favourable to the production of genius?—To such hasty enquiries, I recommend the consideration of the three following circumstances.—1. That the ancient Greeks and Romans possessed a remarkably enterprising spirit, which for a long time displayed itself in an invincible and almost incredible ardor for military pursuits; and, that when the same spirit was directed, with equal enthusiasm, into the channel of literature, it could scarce fail of being equally successful.—2. The extreme attention, and indefatigable industry which those distinguished writers, employed not only in composing, but in correcting & polishing their works, was also a circumstance which contributed, in a great measure to their immortality.—"All the performances of human art, says the celebrated Dr. Johnson, at which we look with praise or wonder, are instances of the restless force of perseverance: it is by this, that the quarry becomes a pyramid, and that distant countries are united by canals."—3. Another circumstance of great importance, was the liberal and unparalled encouragement given to those, who distinguished themselves in the noble pursuits of literature.—When do we hear in modern times of a poet receiving two thousand pounds for sixteen
or twenty lines?—Pecuniary rewards were not the only incitements to genius;—honours, preferments, and above all, the extraordinary veneration in which they were held by their countrymen, were most powerful stimulents to emulation—fanned the flame of genius—invigorated every exertion—and inspired their panting breasts with an unquenchable thirst for immortal fame. Far be it from me to depreciate the noble productions of the moderns, or to deplore the aspiring spirit of any American youth whose breast throbs high with a glorious emulation,—whose manly soul indignant bursts from the barriers, and rushes towards the goal with heart elate, and rends asunder the shackles which the frozen-hearted critic would impose. For his encouragement, the book of nature still lies open, and spreads its ample folio, as replete as ever with the richest stores.—Though a Homer and a Virgil have with unexampled assiduity, employed their lives in the perusal, how many pages fraught with golden instruction yet remain unturned!—May we not yet hope for a Homer, to shine forth with superior splendor, from the embowering forests of Columbia?—We are however indebted to the ancients for the greatest part of the learning, as well as scientific knowledge we have at present amongst us. If we have in several branches of learning made considerable improvements, and in many respects, extended the limits of science, do these modern improvements entirely supersede the necessity of our being acquainted with them in their original state? Had not the classics been preserved during the dark and Gothic ages, in what condition should we now have been? Most probably groping in the benighted deserts of barbarism, and as devoid of the illuminating rays of science as the Turks and Tartars. Do we not then owe them a tribute of reverence and gratitude for the flock of knowledge with which they have furnished us? Certainly the least compliment we can pay them, is to read their works.—What can render the classic writings less amiable in our eyes, than in those of our ancestors? Is it because we have already stripped them of all their graces to adorn our own compositions, and do we act, in this respect, as a debauchee who when his appetite is satiated, and his desires obtained by fraudulent seduction, abandons his fair innocent, no longer dwells with rapture on her charms, but leaves her to the mercy of a calumniating world. Is the modern taste so vitiated? Are mankind become too effeminate to relish the beauties of a solid and manly eloquence?—I entertain too high an opinion of the republican spirit of my fellow citizens, to suppose that men, who in their ever memorable struggle for liberty, displayed such uncommon fortitude and firmness, should ever become so degenerate, as to prefer the meretricious ornaments, quaint and affected phrases of several modern writers, to the elegant simplicity, animated language, and masculine beauties of the ancient classics.
We may further remark, that those among the moderns, who have pursued the footsteps of the ancients and imitated them the most closely, have succeeded the best & arrived the nearest to perfection; as Milton, Dryden, Pope, Addison, Swift, Bolingbroke, Shaftesbury, Montesquieu, Boileau, Cambray, Voltaire, Roussseau, with many others of equal eminence. Scarce a single instance can be produced in modern times, of any eminent poet, orator, historian, or shining character in any department of literature, who was not a classical scholar, and who has not strongly recommended the careful perusal of the ancient writers, to all his successors who should afterwards aspire to eminence. 'Tis true, in the United States of America, where a general dissemination of political knowledge has for some time, prevailed, two or three extraordinary geniuses have arisen, animated with an enthusiastic love for liberty, who "soared above the critic's law," & delivered orations worthy of Greece or Rome. Yet these great characters, though, perhaps, but little acquainted with the original languages, were fondly enamoured of the Greek and Roman histories, read them in translations with uncommon avidity, stored their memories with useful facts, and thence caught that noble fire which burst forth in patriotic

Names.—But even in this case, to assert that such men were nothing indebted to classical learning, would be false and absurd. They conversed with the polished scholars of the age; they read and studied the works of classical scholars, as in fact, they could hardly find any other writing worthy of their attention, and by their taste was regulated, & their style improved.—The classic writings having been, from the very dawn of literature in modern Europe, esteemed the only models of true taste, have been imitated with such success, that a very great portion of their beauties have been borrowed, and have contributed in a great degree to enrich and adorn, not only the English language; but those of every other civilized nation. Hence it is, that a modern wit, with great applause, frequently delivers as his own, a thought, turn or expression of Horace or Cicero, undistinguished by his auditors, or even by himself.—So even admitting that the moderns have in some instances, improved upon the ancient stock, by copying their beauties, and avoiding their faults; yet still the greater share of the glory redounds to the original authors. In the same manner as the inventors of the art of printing, do still retain the chief honor; though great improvements have since been made in the typographical art.—The case is the same with respect to the mariners compass, the invention of gun-powder, the discovery of unknown countries &c.—Though great additions have been made to the discovery of Columbus, he still retains the honorable appellation of the Discoverer of the New World . So, whatever merit the moderns claim above the ancients, still the praise of originality belongs to the latter; as what the moderns are, the ancients made them to be. In short we may compare both to the two great luminaries of the firmament; the ancients like the sun, shine with native and unborrowed rays, the moderns as the moon, shine only by reflexion.
European Intelligence.
France.
FRENCH REPUBLIC.
In the tribunate, in the setting of March 8, the President read a letter from citizen Maret, Secretary of State, which informed the tribunate that the government was about to send a messenger from the council of state to communicate to them a new proclamation to the French, and two orders which had been issued.
After some time citizen Champigne was introduced in that capacity.
"Government, (said he,) always anxious to unite with you in whatever interests the prosperity and glory of the Republic, think it their duty to communicate to you their arrangements in circumstances so important as the present.
"The campaign is on the point of being opened: this is sufficient to inform you that peace is about to be made, either by the mere shew of war, or by the success by which it will be crowned. Have no doubt on this subject citizens Tribunes.
"Peace is incessantly the object of anxious solicitude with the present government. They desire it; they promise it to the French people; they have offered it to the coalisced powers; if the latter, deaf to the voice of humanity and reason, persist in refusing it; the republic will prove to them that though she is desirous of peace, she knows how to make war.
"Government have charged me to communicate the arrangements which they have made to begin, and carry on the war. It is they who speak, and in the proclamation addressed you will recognize the sentiments which animate, and the genius which inspires them." The orator here read the proclamation in these words:
PROCLAMATION Of the Consuls of the Republic to the French.
FRENCHMEN, "You are desirous of peace; your government are desirous of it with still greater ardour. Their first wishes, their persevering measures, have been for peace. The English administration repels it; the English administration has betrayed the secret of its horrible policy. To ravage France, to destroy her marine and her ports, to efface her from the map of Europe, or to degrade her to the rank of secondary power; to keep all the nations of the continent divided, in order to get possession of the commerce of all, and to enrich herself by their spoils; it is to obtain these frightful successes that England is prodigal of gold, profuse of promises and that she multiplies intrigues.
But neither the gold, nor the promises, nor the intrigues of England, will change to her views the powers of the continent.
They have heard the will of France, they know the moderation of the principles that guide her; they will listen to the voice of their interest.
"Were it otherwise, the government, which has not feared to offer and solicit peace, will remember that it is for you to command it. To command it we must have money, iron and soldiers.
"Let all make haste to pay the tribute which they owe to the common defence; let the young citizens march. It is no longer for factions—it is no longer for the choice of tyrants, that they are going to arm; it is for the guarantee of all that is most dear to them: it is for the honor of France; it is for the sacred interests of humanity and liberty. Already have the armies resumed that attitude, the promise and the presage of victory: at the sight of them; at the sight of the whole nation united in the same wishes, do not doubt, Frenchmen, that you will have any more enemies on the contest. The first consul has promised peace; he will go and conquer it at the head of those warriors whom he has more than once led to victory. With them he will know how to find again those fields still full of the remembrance, of their exploits; yet in the midst of battle, he will still invoke peace, and he swears to fight only for the happiness of France, and repose of the world!"
American Intelligence.
New-Jersey.
ELIZABETHTOWN, May 13.
From the N. Y. Mercantile Advertiser.
We this day continue our selection from London and Glasgow papers, to the 10th March, received at the office of the Mercantile Advertiser. From the situation of the Elbe, and the consequent interruption of the intercourse between England and that part of the continent which includes the empire of Germany, our accounts are necessarily French.—Many important occurrences, it may therefore be presumed, are yet unknown to us; and many of the facts which have come to our knowledge, are doubtless injured by misrepresentation; but they are given to our readers exactly in the same state in which they were received by us.
We hinted yesterday, that the most vigorous preparations were making for opening the campaign in Europe; and we this day give ample details of those preparations. The contending parties seem eager to cry "HAVOCK, and let slip the dogs of war." One of our London paragraphists states that "the measures adopted on the part of France, are distinguished by that promptitude and energy which are to be expected from a government so concentrated, so powerful, and (it might perhaps, be added) so popular as that of the consulate. The desire of peace, he adds, is however, still heard in the midst of these immense preparations; negotiations, it is stated continue to be carried on with the cabinet of Vienna; and the remarkable expression in Buonaparte's answer to the orators of their tribunate, cannot escape the notice of our readers Every hope of continental peace has not yet vanished. "
Dijon, the chief town of the department of Cote d'Or, where 60,000 men are to be assembled under the immediate command of the first consul, is a position excellently chosen for an army of reserve. Its situation is centrical, between Savoy and the Rhine; and the troops collected there may be forwarded with equal facility to either of the frontiers on which the Austrians may appear in most considerable force.
The Vienna Gazette announces that the Ottoman Porte has declared to the house of Austria its intention to conclude a peace with the French republic.
Pennsylvania.
PHILADELPHIA, May 15.
ACTS
Passed during the late session of Congress, ending on Monday.
1. An act to establish an uniform system of bankruptcy throughout the United States. 2. An act authorizing the President of the United States, a cession of the jurisdiction of the lands to the west of Pennsylvania, commonly called the Western reserve of Connecticut. 3. An act to continue in force for a limited time the act entitled an act to prescribe the mode of taking evidence in cases of contested election for members of the house of representatives of the United States, and to compel the attendance of witnesses. 4. An act providing for the second census,
or the enumeration of the inhabitants of the United States.
5. An act to alter the form of certain oaths and affirmations directed to be taken by the act entitled, an act to provide for the second census, or the enumeration of the inhabitants of the United States.
6. An act supplementary to the act entitled an act to provide for the valuation of lands and dwelling houses, and for the enumeration of slaves within the United States.
7. An act to authorize the sale and conveyance of lands in certain cases by the marshals of the United States, & to confirm former sales.
8. An act to equalize the valuation of unseated lands.
9. An act to enlarge the powers of surveyors of the revenue.
10. An act to continue in force the act entitled an act laying duties on mills and implements in the manufacture of stuff.
11. An act to continue in force the act entitled an act laying an additional duty on salt imported into the United States and for other purposes.
12. An act to retain a further sum on drawbacks for the expenses incident to the allowance of payment thereof, and in lieu of stamp duties on debentures.
13. An act to lay additional duties on certain articles imported.
14. An act to divide the territory of the United States North West of the Ohio into two separate governments.
15. An act further to suspend the commercial intercourse between the United States and France and the dependencies thereof.
16. An act providing for salvage in case of re-capture.
17. An act for suspending in part the act entitled an act to augment the army of United States, and for other purposes.
18. An act supplementary to the act entitled an act for suspending in part the act entitled an act to augment the army of the United States, and for other purposes.
19. An act to continue in force the act entitled an act to authorize the defence of the merchant vessels of the United States against French depredations.
20. An act for regulating public arsenals and magazines.
21. An act for the better government of the navy of the United States.
22. An act for continuing in force the act entitled an act to provide for mitigating or remitting the forfeitures, penalties or disabilities occurring in certain cases therein mentioned.
23. An act to establish a general stamp office at the seat of government.
24. An act declaring the assent of Congress to certain acts of the states of Maryland and Georgia.
25. An act to continue in force an act concerning certain fisheries and for the regulation and government of the fishermen employed therein, and for other purposes therein mentioned.
26. An act to allow drawbacks on goods exported to New-Orleans, and therein to amend the act for the collection of duties on import and tonnage.
27. An act to provide for the rebuilding the light-house at New-London; for the support of a light-house at Clark's point; and for the erection and support of a light-house at Wigwam point.
28. An act to establish the district of Kennebec and to annex Lyme to New-London, to alter the district of Bermuda Hundred and City point, and therein to amend the act entitled an act for regulating the collection of duties on imports and tonnage.
29. An act for the relief of John Vaughan.
30. An act for the relief of Campbell Smith.
31. An act to discharge Robert Sturgeon from his confinement.
32. An act for the relief of James Yard.
33. An act for the relief of the corporation of Rhode-Island college.
34. An act for the relief of Ithamar Canfield.
35. An act to authorize the allowance of a creditor to William Tazewell.
36. An act directing the payment of a detachment of militia, under the command of major Thomas Johnston, in the year 1794.
37. An act to extend the privilege of franking letters and packages to Martha Washington.
38. An act to make further provision for the children of colonel John Harding, and major Alexander Trueman, deceased.
39. An act for the relief of persons imprisoned for debt.
40. An act to extend the privilege of franking to William H. Harrison, a delegate from the territory of the United States N. W. of the Ohio, and providing for his compensation.
41. An act to fix the compensations of the pay-master general and the assistants to the adjutants general.
42. An act supplementary to the law now in force, fixing the compensation of the officers of the senate and house of representatives.
43. An act supplementary to the act entitled an act to establish the compensation of the officers employed in the collection of their duties on imports & tonnage and for other purposes.
44. An act to ascertain the compensation of public ministers.
45. An act fixing the rank and pay of the commanding officer of the corps of marines.
46. An act for the support of government for the year 1800.
47. An act authorizing certain expenditures and to make certain additional appropriations for the year 1800.
48. An act making appropriation for the military establishment for the year 1800.
49. An act making appropriation for the navy of the United States for the year 1800.
50. An act to enable the President of the United States to borrow money for the public service.
51. An act making further provision for the removal and accommodation of the government of the United States.
52. An act giving further time to the holders of military warrants to register and locate the same.
53. An act to amend the act entitled an act providing for the sale of the lands of the United States N. W. of the river Ohio, and above the mouth of Kentucky river.
54. An act to authorize the issuing of certain patents.
55. An act in addition to the act entitled an act regulating the grants of lands, appropriated for military services, and for the society of the United Brethren, for propagating the gospel among the heathen.
56. An act supplementary to the act entitled an act to provide for the amicable settlement of limits with the state of Georgia, and authorizing the establishment of a government in the Mississippi territory.
57. An act supplementary to the act entitled an act to regulate trade and intercourse with the Indian tribes & to preserve peace on the frontiers.
58. An act to make provisions relative to rations for Indians, and for their visits to the seat of government.
59. An act to appropriate a certain sum of money to defray the expense of holding a treaty or treaties with the Indians.
60. An act for the preservation of peace with the Indian tribes.
61. An act respecting the mint.
62. An act supplementary to the act establishing the mint, and regulating the coins of the United States.
63. An act in addition to the act entitled an act to prohibit the carrying on the slave trade from the United States, to any foreign place or country.
64. An act to amend an act entitled an act to establish the judicial courts of the United States.
65. An act supplementary to the act entitled an act to establish the treasury department.
66. An act to continue in force the act entitled an act for the punishment of certain crimes against the United States.
67. An act to alter the times of holding the district court of North-Carolina.
68. An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned; and to enlarge and define the penalties for violating the rights of patentees.
69. An act to alter and establish sundry post-roads.
70. An act for reviving and continuing suits and proceedings in the circuit court of the United States, for the district of Pennsylvania.
71. An act appointing the time and directing the place for the next meeting of congress.
On Tuesday the senate of the United States introduced into the bill in relation to the military establishment an amendment disbanding the army; and on Wednesday the house of representatives concurred therein.
The senate previous to their adjourn

ment yesterday afternoon, passed a resolution requesting the president of the United States to direct the attorney general to institute a process against William Duane, editor of the Aurora.
APPOINTMENTS—BY AUTHORITY.
John Marshall, esq. of Virginia, secretary of state, in the place of Timothy Pickering, esq. removed.
Samuel Dexter, esq. of Massachusetts, secretary of the department of War, in the place of John Marshall, esq. promoted to the office of state.
Israel Whelen, esq. of Pennsylvania, purveyor of public supplies for the United States, in the place of Tench Francis, esq. deceased.
William Henry Harrison, esq. delegate to congress from the North-Western territory, to be governor of the Indiana territory.
Gen. John Gibson, of Pennsylvania, secretary of the Indiana territory.
Charles Lee now attorney general of the United States, has been appointed to execute the duties of the secretary of state, until the present vacancy shall be filled.
The house of representatives of the United States adjourned yesterday to the third Monday in November next, then to meet at the city of Washington, in the district of Columbia.
It appears that the latest English papers that the emperor of Germany is dangerously ill; and that the Chouans are again in force, and have cut off the communications between Brest and Paris.
Yesterday arrived at the Port, the brig Eliza, from Leghorn. Previous to the Eliza's sailing, it was reported that lord Nelson, had captured a French 80 gun ship, and three other store ships, with 3000 troops on board, going into Malta. The Colloden, 74, commodore Trowbridge, received several shot in her hull, in cutting off the vessels, but no lives lost.
The siege of Genoa still continued—the Austrians blockading it by land, and the British by sea.
Lexington, June 12.
About the tenth instant, two Indians came into the settlement on Flinn creek, above Fort Blount, and stole two horses; they were pursued by six men till they came near Tennessee river, when four of their horses gave out; the other two followed on to the river, where they discovered the Indians, fired on them, killed one and wounded the other. The pursuers recovered their horses and returned home.
We understand, that through the mediation of capt. Lewis, the difference between the Cherokees and Chickasaws (as mentioned in a former paper) is amicably settled.
(Tennessee Gazette.)
A half sheet of the Laws of the United States accompanies this paper.
Entertainment for Travellers.
THE subscriber having opened a house of entertainment, near the residence of Major Lee, on the road leading from Lexington to Frankfort, hopes by a steady attention to the accommodation of his customers, to receive a share of the public patronage. He is provided with good Pasture, Hay, Oats and Corn, for horses—and Travellers may depend upon being supplied with good Liquors, the best of Eatables, and comfortable Bedding.
I. Pierson.
June 5th, 1800. The Tavern is situated about half way between Lexington and Frankfort.
NOTICE.
I HEREBY forewarn all persons from crediting my wife Elizabeth, as I will pay no debts of her contracting after this date.
Philip Nagley.
June 5th, 1800.
TAKEN up by the subscriber, living in Woodford county, on the Kentucky river, about one mile below the mouth of Greers creek, a dun colored Bay Mare, about four feet eight or nine inches high, about eight or nine years old, branded with a horse-shoe on the left ribs, with a small blaze in her forehead, appraised to 131. 10s.
Edward Trabue.
February 15th, 1800.
SLAVES TO SELL.
ON Friday the 27th day of this inst. will be offered for sale, a number of VALUABLE SLAVES, at Mr. Samuel Hornback's mill, in the county of Bourbon—one half the purchase money in Cash, the other half in good Horses, at cash price. The slaves will consist of men, women, boys and girls—an undoubted title will be made, if required, by Henry Bell.
June 9th, 1800.
TAKEN up by the subscriber, living on Hudson, at Douglass's mill, a bay mare, with a blaze face, four years old this spring, no brand, about four feet seven inches high, posted, and ap raised to 91.
Joshua Hall.
April 18, 1800.
STRAYED or stolen, from the subscriber, living in Clarke county, on Stoner, near the road leading from Winchester to Mount Sterling, about the middle of October last, a likely BLACK HORSE, about fifteen hands high, four years old this spring, neither docked or branded, both hind feet white, his ears joint together more than common, will stretch himself when stroked on the back, had on when he went off, a six shilling bell. TWENTY DOLLARS REWARD will be given to any person who will bring the said horse to the subscriber, or give such information that I shall get him again. Wm. Haynie.
TAKEN up by the subscriber, living in Woodford county, near Froman's mill, a bay mare, about thirteen hands three inches high, supposed to be eight or nine years old, has a star in her forehead, her near hind foot white, no brands perceivable, appraised to 81. 10s. Rd. M. Thomas.
April 7th, 1800.
TAKE NOTICE.
JACOB STARNS shall attend with witnesses, on the first day of July next, at the house of Robert Clendinen, in Bourbon county, one mile east of Hornback's mill, to take the depositions of several witnesses, and perpetuate testimony respecting his pre-emption of one thousand acres, on the waters of Strode's creek. William Campbell.
9th June, 1800.
JOHN SOMERVILLE,
(LATE OF KNOXVILLE.) RESPECTFULLY informs the public, that he has removed to Nashville, where he has commenced TAVERN-KEEPING, In the houses formerly occupied by Maj. Lewis and lately by Joseph Coleman Esq. Those who will please to call on him may depend upon receiving the best entertainment the situation of the country and market will afford. Nashville, April 29, 1800.
RAN-AWAY from the subscriber, (on the 7th inst.) living in Jessamine county, a bright mulatto Negro Wench, named JUDE—she has a down look, thick lips, and a very bushy head, about five feet five inches high. If any person or persons should take up the said Negro, and will secure her, so that the owner gets her again, they shall be handsomely rewarded. Marstin Clay.
June 9th, 1800.
WASHINGTON COUNTY, fe.
June Quarterly Court, 1800. James McElroy, complainant, against John Irvine, defendant, IN CHANCERY.
THE defendant not having entered 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 commonwealth—on the motion of the complainant by his counsel, it is ordered that he appear here on the first Tuesday in August next, and answer the complainant's bill, and that a copy of this order be forthwith inserted in one of the Kentucky papers for two months successively, and published at the Baptist meeting house near Robert Chandler's some Sunday immediately after divine service, and also a copy to be posted up at the door of the court-house in Washington county. A Copy. Teste, John Reed C. W. C.
DANVILLE DISTRICT, fe.
May term, 1800. Andrew McCallin, complainant, against Adam Truxall, Hugh McDermitt and Edward Northcraft Gullum, defendants, IN CHANCERY.
THE defendant Truxall 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 complainant by his counsel, it is ordered that he do appear here on the 3d day of the next August 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 divine service. A Copy. Teste, Willis Green, C. D. D. C.
DANVILLE DISTRICT, fe.
May term, 1800. Andrew McCallin, complainant, against John Truxall and Hugh McDermitt, defendants, IN CHANCERY.
THE defendant Truxall 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 complainant by his counsel, it is ordered that he do appear here on the 3d day of the next August 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 divine service. A Copy. Teste, Willis Green, C. D. D. C.
TAKEN up by the subscriber, living near the head of Cartridges creek, a sorrel mare, about twelve hands and an half high, a blaze face, her off hind foot white, branded thus W on the near shoulder, very old, appraised to 51. John McElroy.
April 19th, 1800.
NOTICE,
THAT on the 14th of this inst. being Fayette court-day, Thomas Sevenigam proved a sorrel horse which was put in the fray-pen, to be the property of Geo. Miller—on further examination it appeared that the said Sevenigam was mistaken, as the horses are very much alike. The horse is now in my possession; he is a sorrel, a blaze face, one hind foot white, no brand perceivable, about fourteen hands high. The taker up of the horse is desired to give information of the place of his residence, and name, that the horse may be returned. Jacob Colvin.
*24
JUST RECEIVED FROM PHILADELPHIA & BALTIMORE, AND NOW OPENING BY JOHN A. SEITZ, In the stone house at the corner of Main and Mill streets, formerly occupied by Seitz & Lauman, and lately by Mr. John Jordan jun. AN EXTENSIVE ASSORTMENT OF 2 MERCHANDIZE, CONSISTING OF
Dry Goods; Groceries; Hard, Glass, Queens & China Wares: Also, a constant supply of Salt, Castings, Nails, Bar-Iron, &c. &c. which will be sold cheap for CASH, or such COUNTRY PRODUCE as may occasionally suit him. * Those who have accounts with the late firm of SEITZ & LAUMAN, yet unsettled, are again solicited to come forward and close them, as a delay may prove very injurious both to the debtor and creditor. tf Lexington, June 3d, 1800.
FOUR DOLLARS REWARD,
FOR apprehending, bringing home, or securing in gaol, a Mulatto Man, named PHIL, formerly the property of Mr. Innis Brent, of Lexington. He has been caught once or twice, since he left home, and has made his escape—he is lurking about in the neighborhood of this place. Richard Higgins, near Lexington.
NOTICE TO DEBTORS.
THOSE indebted to the subscriber are once more requested to discharge their respective accounts. Those who neglect to comply with this notice previous to the 20th of next month, are informed that suits will be commenced against them without discrimination. Robert Barr. March 12, 1800.
FOR SALE, FIVE HUNDRED acres of land on the waters of Slate, or Lulbulgrud, in Clarke county. Also 295 acres near the above. 400 acres on Green river, about 16 miles from Lincoln court house. About 300 acres Big Brush creek, Greene county. About 400 acres on and near the road from Harrodsburg, to Frankfort, near Grays Horse Mill. For terms apply to the subscriber, in Jessamine county. Samuel McDowell. April 9th, 1799.
STATE OF KENTUCKY, fe.
PARIS DISTRICT, March term, 1800. John Roberts, complainant, against Edward Ford, defendant, IN Chancery. THE defendant not having entered his appearance herein agreeably to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state; on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third day of the next June term, and answer the complainant's bill, and that a copy of this order be published for two months successively in the Kentucky Gazette, and that another copy be posted at the front door of the court-house in Bourbon, and another posted at the front door of the Presbyterian meeting house in Paris, some Sunday immediately after divine service. A Copy. Teste, L. H. Arnold, D. C. B. D. C.
AGREEABLY to a decree of the worshipful the quarter-session court of the county of Fayette, will be sold at public sale on the 30th day of June next, at the late dwelling house of John Gess dec. all the slaves belonging to the said decedent's estate, consisting of Men, Women and Children. Twelve months credit will be given the purchasers, on their giving bond and approved security to the administrators. John Gess adm'r. Sarah Gess ad'x. Edm. Bullock, } Comm'r's. H. Harrison, } John Headly, } Owin Winn, } 30th May, 1800.
KENTUCKY LAWS.
LATELY PUBLISHED, and for sale at the Office of the Kentucky Gazette, Price 21s. AN EDITION OF THE LAWS OF KENTUCKY; Comprehending those of a GENERAL NATURE, now in force, and which have been acted on by the Legislature thereof. TOGETHER WITH A COPIOUS INDEX, And a list of Local and Private Laws. TO WHICH IS PREFixed, The Constitution of the United States, With the Amendments, The Act of Separation from Virginia, AND The Constitutions of Kentucky.
READY FOR THE PRESS,
And will be published as soon as a sufficient number of subscribers can be procured, THE ADVENTURES AND VOYAGES OF THE FRENCH EMIGRANTS, In the course of the REVOLUTION. Translated from the French, By A LADY. This work, throwing a strong light upon some of the events of the revolution, seems to us to be impartial, and bears the character of truth, together with the entertainment of a novel. Its utility will be acknowledged by all the friends of Liberty, even in the present situation of affairs in France.
PROPOSALS FOR PRINTING BY SUBSCRIPTION, THE GENERAL INSTRUCTOR: OR THE Office, Duty & Authority, OF JUSTICES OF THE PEACE, SHERIFFS, CORONERS & CONSTABLES, IN THE STATE OF KENTUCKY;
With precedents suited to every case that can possibly arise in either of those offices, under the laws now in force, with references to the laws out of which they do arise.
There will be given in this work, upwards of 200, Precedents; consisting of Forms of Attachments, Bonds in Special Cases, Bail, Challenges, Charges, Executions, Examinations, Informations, Inquests, Indictments, Judgments, Mittimus, Oaths, Records, Recognizances, Subpenas, Warrants, &c. together with the Explanation of several Writs and Law Terms. To which will be added Maxims & General Rules, Actions & Remedies
CONDITIONS.
 I. The work will be executed on a neat type, and will extend to between 250 and 300 pages, and bound in boards.  II. It will be put to press as soon as 500 copies are subscribed for; and finished within three months thereafter.  III. The price to subscribers will be two dollars: one half to be paid at the time of subscribing, and the remainder on delivery of the work.  IV. Those who subscribe for twelve copies; or who shall procure twelve subscribers, and be accountable for the money, shall be entitled to one copy gratis. 
JOHN BRADFORD.
SUBSCRIPTIONS for this paper, at two dollars per annum, paid in advance, will be received at the following post-offices, viz. in Frankfort by Mr. Daniel Bradford—in Harrodsburg, by Mr. George Marr—in Danville, by Mr. Josiah Moore—in Bairdstown, by Mr. James E. Winn—and at Washington, by Mr. E. Harris—who are also furnished with the accounts of those whose papers have been lodged in their respective offices, and are hereby authorized to receive payment. JOHN BRADFORD.
BY LAST EVENING'S MAIL.
PHILADELPHIA, May 12.
Captain Steward's Certificate.
I JAMES STEWARD, of Catham, in the county of Middlesex, of lawful age, &c. present the following facts to the public viz. That on the 4th of April, 1800, I arrived at New-London from Jamaica, in the brig Sally; that the British capture the American vessels that afford the slightest pretexts for condemnation, and impress American seamen without discrimination. I was taken by a French privateer; they took out all my people except a boy and myself: I was retaken by the Acafo of forty-four guns, a British ship, commanded by Captain Edward Fellows, who came on board the Sally himself, ordered my chest open, and with his own hands took out of it 1250 dollars, and ordered one of his people to take about 200 oranges, (being all I had) for himself, and carried them away: the people plundered the cabin and steorage of other articles—Captain Nathan Allen, of Groton, had all his people impressed with their protections in their hands, Captain Waterman of New-York, was treated in the same manner, with many others; and Mr. Savage the American agent at Kingston, informed me that he had forwarded to the secretary of state, by commodore Truxton, an attested list of the names of one thousand and one American seamen, who had been impressed by the British in that single port. American vessels and cargoes were constantly condemned in that place. One captain and one supercargo of condemned vessels came home with me. I was treated myself with personal abuse by the British officers. An officer of one of their ships went on board a brig, Capt. Castle, from Boston, and flogged the centinel for hailing his boat in the night. This last account I had from Captain Castle. And farther the deponent saith not. JAMES STEWARD.
Attested before Chauncy Burkley, Justice of the Peace, in presence of S. Cinfield.
April 26, 1800.
This is a true copy of original deposition. NATHANIEL DOAN.
Names of Captains who had their men impressed on board British ships during my stay at Jamaica whose names I recollect.
 Capt. Stodder, Kempton,  Kennedy, Gros.  Allyn, Martin,  Thompson, And the crew of a brig belonging to Baltimore. 
J. STEWARD.

SACRED TO THE MUSES.
SONNET.
TO AN UNFORTUNATE BEAUTY.
By Peter Pindar.
SAY lovely maid, with downcast eye, And cheek, with silent sorrow, pale; What gives thy heart the lengthen'd sigh, That heaving, tells a mournful tale? Thy tears, which thus each other chase, Bespeak a breast o'erwhelmed with woe; Thy sighs, a storm that wrecks thy peace, Which souls like thine should never know. Oh! tell me, doth some favor'd youth Too often blest, thy beauties slight; And leave those thrones of love and truth, That lip, and bosom of delight? What, though to other nymphs he flies, And feigns the fond impassion'd tear; Breathes all the eloquence of sighs, That treacherous won thy artless ear. Let not those nymphs thy anguish move, For whom his heart may seem to pine— That heart shall ne'er be blest by love, Whose guilt can force a pang from thine.
ANECDOTE.
A man fell from his horse, and the fall for a few minutes, deprived him of sensation—On the return of his understanding, he was asked how he fared? Oh, said he, I begin to come to my senses—I congratulate you, said a wag, for you never had any before.
ALEXANDER PARKER,
HAS just imported from Philadelphia, and opened at his store in Lexington, opposite the court-house, A LARGE AND GENERAL ASSORTMENT OF Dry Goods, Groceries, Hard Ware, Queens, China and Glass Ware, Which he will sell at the most reduced prices for CASH.
Lexington, April 18, 1800.
N. B. In the above assortment, there are the best of Sherry, Port, and Teneriff Wines, the best of Limn Juice, Spirits and French Brandy, likewise Boulting Cloths, Silks and Mullins assorted, Hilling Hoes, and cut Nails assorted, Sickles, English & Dutch scythes, Red Wood, Paints and Brushes, beet Tinn in box es, Sheet Copper, and Tub-mill Irons.
TEN DOLLARS REWARD.
RUNAWAY on the 16th inst. from the subscriber in Jefferson County; BOB a negro man, about 35 years old, 5 feet 10 or 11 inches high, slender made, he had on and took with him, a broadcloth coat of a mixed dark gray color, with polished steel buttons; a short gray colored coating ditto, callimer jackets and gingam ditto, new beaver hat, and several white linen shirts with a variety of other good clothing. He was former the property of Mr. John W. Hunt of Lexington and is probably lurking in the vicinity of that place. The above reward will be given to any person who will apprehend and secure him, with all reasonable charges if brought home.
May 28th, 1800. James F. Moore. 3w*
NOTICE.
ABOUT the first of April last I purchased of one William Smith, a black mare, about fifteen hands high, branded on the near shoulder, but not legible, near hind foot white, star in her forehead, a small scar on her near thigh, about 6 years old, supposed to be worth twenty-five pounds; I have been informed since I purchased the said mare that she was stolen—I therefore with the owner to come and prove property, pay charges and take her away.
3w* John Turner, Living near Winchester, Clarke county. May 23, 1800.
STATE OF KENTUCKY.
WASHINGTON DISTRICT, ss.
February term 1800.
David Davis, complainant,
against John W. Hunt, David Duncun jun. Joseph Allen, John M. Price, & Birt Morgan, defendants. In Chancery.
IT appearing to the satisfaction of the court, that the defendant Birt Morgan is not an inhabitant of this commonwealth, on the motion of the complainant by his attorney, it is ordered that he appear here on the third day of our next July term, and answer the complainants bill, and that a copy of this order be inserted in the Kentucky Gazette for two months successively another posted at the door of the court house in Mason county, and that this order be published some Sunday immediately after divine service at the door of the Baptist meeting house in Washington.
A Copy. Teste, Francis Taylor, C. W. D. C.
FOR SALE,
A VALUABLE STAND FOR A TAVERN OR STORE,
AND PLANTATION, containing 150 acres of Land, lying six miles from Lexington, on the Hickman road. There is a framed house, 22 by 28 feet, a framed barn, 24 by 36 feet, smoke-house and other out houses; 250 bearing peach trees, and a small apple orchard; 14 acres of good meadow, and 10 of pasture; about 70 acres of cleared land. An indisputable title will be given, it being part of Gen. Stevens's survey of military land. For terms, apply to the subscriber, on the premises.
8t Jasper Spottwell. I will take one half the value of the above tract, in Lands in the North-Western Territory, between the Sciota and Little Miami, J. S.
JOHN CLAY, HAS JUST RECEIVED AND NOW OPENING, A HANDSOME ASSORTMENT OF MERCHANDIZE,
IN the house formerly occupied by Mr. Robert Barr, opposite Messrs. Samuel and George Trotter's, which he will sell on low terms for Cash or Country Produce, viz. Tobacco, Hemp, and Good Clean Wheat, delivered at any of the merchant mills in this county or in Woodford. He will purchase BEES-WAX & TALLOW, For which he will give one half Cash. Lexington, December 30, 1799.
GINSENG.
WANTED to purchase a few thousand pounds of clean, dry and well picked GINSENG—Apply at the store of John Jordan jun.
Who has for sale several valuable tracts of LAND, in this state—also in the Territory North-West of the Ohio. Lexington, 3d February, 1800.
GINSENG.
WISH to purchase twenty thousand pounds of clean well dried Merchandise
GINSENG,
Either in small parcels or packed in good tight barrels, I would recommend to persons who can procure considerable quantities to apply and contract for the same. I have just received an addition to my assortment of Merchandise which will be sold at the most reduced prices, for cash, Ginseng, country Sugar, and Linen. Lexington, 20th May, 1800. William West.
N. BURROWES
RESPECTFULLY informs his friends and the public in general that he has removed from the brick house adjoining Mr. J. Jordan, and Messrs. S. & G. Trotter, to the brick house opposite the court house and next door above Mr. A. Parker—where he has in addition to his former assortment, Hard, Crockery and Glass Wares, also complete sets of China Tea Ware.
N. B. Those indebted are requested to make immediate payment, as I shall shortly start for Philadelphia. Lexington, 10th May, 1800.
LANDS TO SELL
At a Reasonable Price, viz.
1863 2 3 acres, in Montgomery county, bounded on the south by Red river, on the north by Beaver creek, and a branch of Slate, the tract includes the whole Indian creek and its branches which afford many seats for mills, it is well timbered and watered with a great number of never failing springs besides Indian creek, its soil is very fertile fit for cultivation tho' broken, it is intermixed with fine bottoms, with a little trouble and a small expense valuable profits out of cultivation may be gotten some part of the tract. The title is indisputable.
11646 1 3 acres, on the north side of the North fork of Kentucky river about 8 miles above the mouth, running up the river with the meanders thereof 1100 poles when reduced to a straight line, the soil pretty level and rich. The title indisputable.
2367 1 2 acres, on the waters of the North fork of Rock-Cattle river, Madison county. 300 acres, in Garrard county on White Oak run opposite the mouth of Hickman creek, the road to Danville crosses the tract N. E. & S. W. about 2 3 of a mile, it is of a very early entry.
418 acres, military land on the bank of Cumberland river joining the town of Clarksville well watered and timbered.
46 town lots and out lots in the said town of Clarksville.
6000 acres, of land in several small grants reserved by the state of Virginia, and confirmed by two acts of Congress, lying on the bank of the river Kaskaskias, near the town of the same name, territory N. W. of the Ohio.
200 acres, military land in the Illinois grant N. W. of the Ohio, 918 poles from the river and opposite 18 miles inland which lies abut 25 miles above Louisville, the tract is not far from a flourishing settlement in the grant.
N. B. Negroes, Produce, Merchandise, Lots & Houses in Lexington, Paris or Danville will be taken in part; a good plantation between Lexington and Mount Sterling will command a profitable bargain for the purchaser of a considerable quantity of said lands. For further information apply to P. D. Robert, High street Lexington.
tf 9
TAKEN up by the subscriber, living on Raven creek, Harrison county, a dark bay Mare, four years old, fourteen hands high, docked, and has some white hairs in her tail and a white spot on the off thigh. Christopher Musalman. January 10th, 1800.
STATE OF KENTUCKY, and BAIRDSTOWN DISTRICT, to wit. John Bland's heirs and devisees, complainants, against Edward S. Thomas, and Gerrard Briscoe, defendants, In Chancery.
THE defendant Gerrard Briscoe not having entered his appearance agreeable to law & the rules of this court & it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth, on the motion of the complainants by their attorney, it is ordered that the said defendant do appear here on the 30th day of the next July term & answer the complainants' bill, that a copy of this order be inserted in one of the Kentucky newspapers for two months successively, and published at the door of the court house in Mason county on some Sunday immediately after divine service, and a copy set up at the door of the court house of Nelson county.
A Copy. Teste. Ben Grayson, C. C.
THE SUBSCRIBER
WISHES to sell six or seven likely young NEGRO BOYS and MEN. For terms apply to him at his farm, four miles from Lexington, on Strode's road.
12th May, 1800. Thos. Hart jun.
TAKE NOTICE, THAT JOHN JORDAN JUN. has taken his brother GEORGE W. JORDAN, into partnership, and the business in future will be carried on under the name and firm of JOHN JORDAN JUN. & CO—Who have just received from Philadelphia and Baltimore, a large and general ASSORTMENT OF EUROPEAN, EAST AND WEST INDIA GOODS,
which they are determined to sell at the most reduced prices for CASH, or such PRODUCE as may suit them. JOHN JORDAN JUN. intends setting out for Philadelphia, on the 1st July next—he therefore requests those indebted to him, either by bond, note or book account, to come forward and discharge the same before the above time.
INDIA MUSLINS.
A few pieces for sale at a LOW PRICE for CASH—enquire of the Printer hereof.
ALL persons indebted to the subscriber, will come forward and settle, without the least delay, as I am about to leave this state for a considerable time. Variations from this notice will be attended with serious consequences. 31st May, 1800. Nathaniel Shaw. 6t
NOTICE.
I HEREBY forewarn all persons from taking an assignment upon two notes, to the amount of near twelve pounds, which I gave to John Derham jun.—the said notes I have settled and paid to said Derham, and shall not answer any note or demand prior to this date, unless compelled to it by law. Given under my hand this 23d day of May, 1800. Isham Preswitt.
WAR DEPARTMENT, March 12, 1800. NOTICE IS HEREBY GIVEN,
THAT separate proposals will be received at the office of the secretary of the Department of War, until the expiration of the 25th of July next ensuing, for the supply of all rations, which may be required for the use of the United States, from the 1st day of October 1800, to the 30th day of September 1801, both days inclusive, at the places and within the two districts herein after first mentioned; and also that separate proposals will be received at the said office until the expiration of the 25th day of July next ensuing, for the supply of all rations which may be required as aforesaid, from the 1st day of January, in the year 1801, to the 31st day of December in the same year, both days inclusive, at the place and within the several states herein after mentioned, viz.
First.—Proposals to supply all rations that may be required at Clwego; at Niagara; at Pittsburgh; at Presqu'ille; at Michilimackinac; at Fort Franklin; at Le Boeuf; at Cincinnati, at Piquetown and Loramies stores; at Fort Wayne; at Fort Defiance; at any place below Fort Defiance, on the Miami river, to Lake Erie; at Fort Knox, and Quatanon, on the river Wabash; at Mafac; at any place or places on the east side of the river Mississippi, above the mouth of the river Ohio, and upon the Illinois river.
Second.—Proposals to supply all rations that may be required, at any place or places, on the east side of the Mississippi river, below the mouth of the river Ohio, to the southern boundary of the state of Kentucky, and within the said state; at Knoxville; at all other posts and places within the state of Tennessee; at South-West Point; at Tellico Block House; at St. Stevens, or other fort or post on the rivers Mobile or Tombigby, and any place or places within the Cherokee boundaries; below the southern boundary of the state of Tennessee, and within the boundary of the United States.
Third.—Proposals to supply all rations that may be required at Point Petre; at Colerain; at Savannah, and at any other place or places where troops are or may be stationed, marched or recruited, within the state of Georgia; at all forts or stations on the Oconee & Altamaha, & at all other places in the creek nation, within the limits of the United States, where troops are or may be stationed.
Fourth.—Proposals to supply all rations that may be required at Fort Johnson; at Fort Pinckney; at Charleston, or at any other place or places where troops are or may be stationed, marched or recruited in the state of South Carolina.
Fifth.—Proposals to supply all rations that may be required at the fort at Wilmington, Cape Fear; at Beaufort Island, Ocracoke; at Charlotte; at Fayetteville; at Salisbury, or at any other place or places where troops are or may be stationed, marched or recruited in the state of North Carolina.
Sixth.—Proposals to supply all rations that may be required at Norfolk; at Portsmouth; at Kempville; at Charlottsville; at Winchester; at Staunton; at Richmond; at Alexandria; at Leesburg; at Fredericksburg; at Carterville; at Harper's ferry, or at any other place or places where troops are or may be stationed, marched or recruited in the state of Virginia.
Seventh.—Proposals to supply all rations that may be required at Fort M'Henry; at Baltimore; at Annapolis; at Fredericktown; at Leonardtown; at Hagerstown; at Bladensburg; at Georgetown; at Ealltown; at the Head of Elk, and at any other place or places, where troops are or may be stationed, marched or recruited within the limits of the state of Maryland.
Eighth.—Proposals to supply all rations that may be required at Fort Mifflin; at Philadelphia; at Darby; at Lancaster; at Wilkesbarre; at Reading; at Bristol; at Yorktown; at Carlisle; at Lewistown (Mifflin county); at Bedford; at Greenburg; at Washington; at Easttown; at Wilmington; at Christiana; at Dover, or at any other place or places where troops are or may be stationed, marched or recruited within the limits of the states of Pennsylvania & Delaware, except the posts within the state of Pennsylvania, enumerated in the first proposals aforesaid.
Ninth.—Proposals to supply all rations that may be required at Hackenbach; at Elizabethtown; at New Brunswick; at Burlington; at Woodbury; at Trenton, or at any other place or places where troops are or may be stationed, marched or recruited within the limits of the state of Jersey.
Tenth.—Proposals to supply all rations that may be required at New-York, at West-point; at Flushing; at Haerlem; at West-Chester; at Poughkeepsie; at Kenderhook; at Stillwater; at Newburg; at Albany; at Conajoharie; at Cherry-Valley, and at any other place or places where troops are or may be stationed, marched or recruited within the limits of the state of New-York, except the posts within the said state enumerated in the first proposals aforesaid.
Eleventh.—Proposals to supply all rations that may be required at Hartford; at Hebron; at New-London; at Brooklyn; at Windham; at Litchfield; at Guilford; at New-Haven; at Fairfield; at Danbury; at Middletown, and at any other place or places where troops are or may be stationed, marched or
recruited within the limits of the state of Connecticut. Twelfth.—Proposals to supply all rations that may be required at Fort Wolcott, at Banton's point; at Newport; at Providence, and at any place or places where troops are or may be stationed, marched or recruited within the limits of the state of Rhode-Island.
Thirteenth.—Proposals to supply all rations that may be required at Portland, in the District of Maine; at Gloucester; Cape Ann; Salem; Marblehead; Boston; at Springfield; at Uxbridge; and at any other place or places where troops are or may be stationed, marched or recruited within the limits of the state of Massachusetts.
Fourteenth.—Proposals to supply all rations that may be required at Portsmouth; at Exeter; at Windsor; at Bennington; at Rutland; or at any Fort, place or places, where troops are or may be stationed, marched or recruited within the states of New-Hampshire and Vermont.
The Ration to be supplied, is to consist of the following articles, viz. Eighteen ounces of bread or flour, or when neither can be obtained, of one quart of rice, or one and a half pound of sifted or bolted indian meal, one pound and a quarter of fresh beef, or one pound of salted beef, or three quarters of a pound of salted Pork, and when fresh meat is issued, salt at the rate of two quarts for every hundred rations, soap, at the rate of four pounds, and candles at the rate of a pound and a half for every hundred rations.
It is expected the proposals will also extend to the supply of rum, whiskey, or other ardent spirits at the rate of half a gill per ration, and Vinegar at the rate of two quarts for every hundred rations. The proposals will specify the price of the several component parts of the ration, as well as those of substitutes or alternatives for parts thereof.
The rations are to be furnished in such quantities as that there shall at all times, during the term of the proposed contracts be sufficient for the consumption of the troops at Michilimackinac; Detroit; Niagara; and Oswego; for six months in advance, and at each of the other posts on the western waters, for at least three months in advance, of good and wholesome provisions, if the same shall be required. It is also to be permitted to all and every of the commanders of fortified places, or posts, to call for additional supplies when the same can be transported, or at any time in case of urgency, such supplies of like provisions in advance, as in the discretion of the commander shall be deemed proper. It is to be understood that the contractor is to be at the expense and risk of issuing the supplies to the troops, and at all losses, sustained, by the depredations of an enemy, or by means of the troops of the United States, shall be paid for at the price of the article captured or destroyed, on the deposition of two or more persons of creditable characters and the certificate of a commissioned officer, ascertaining the circumstances of the loss, and the amount of the articles, for which compensation shall be claimed.
The privilege is to be understood to be referred to the United States of requiring, that none of the supplies which may be furnished under any of the proposed contracts shall be issued, until the supplies which have or may be furnished under contracts now in force have been consumed, and that a supply in advance may be always required at any of the fixed posts on the sea-board or Indian frontiers not exceeding three months.
JAMES M'HENRY, Secretary of War
TREASURY DEPARTMENT, April 21, 1800. PUBLIC NOTICE IS HEREBY GIVEN,
IN pursuance of the act of congress, passed on the first day of March, one thousand eight hundred, intitled "An act in addition to an act, intitled, an act regulating the grants of land appropriated for military services, and for the Society of the United Brethren, for propagating the Gospel among the Heathen," as follows:
1st. All the fractional parts of the quarter townships adjoining to the Indian boundary line of the tract of land referred to in said act, except the fractional quarter townships, number four in township number seven of range number twenty; Also, all the fractional parts of the quarter townships adjoining to the river Scioto, except the quarter townships number one and four, in township number one of range number nineteen; the quarter townships number two and three of township number three, in range number nineteen; and the quarter townships number one and four in township number five, of range number twenty; together with the 50 quarter townships hereafter described, are referred to be located, for the original holders of warrants granted for military services, or their heirs, in lots of one hundred acres, pursuant to the act above recited.
2d. The following is a description of the 50 quarter townships referred to in the preceding article and which were designated by lot in the presence of the Secretary of War, pursuant to the act above recited.
   Range. Township. Q. Town. Range. Township. Q. Town. Range. Township. Q. Town.     1 1 2 6 2 1 10 1 2   2 3 4 7 3 2 11 6 1   3 2 3 8 3 3 12 8 1   4 5 1 9 4 2 13 8 4   5 5 3 10 6 1 14 1 3   6 1 1 11 2 1 15 2 2   7 1 1 12 2 1 16 7 4   8 4 4 13 4 3 17 2 4   9 4 3 14 5 1 3 4   10 3 3 15 7 3 6 1   11 3 3 16 9 1 7 2   12 7 1 17 9 4 7 4   13 9 1 7 4  
3d. All the lands in each of the above fifty quarter townships, and in the fractional parts of quarter townships before described, have been divided upon the respective plats thereof, as returned by the surveyor general, into as many lots of one hundred acres each, as the quantity such quarter township or fraction is stated to contain will admit, in the manner pointed out and required by the above recited act.
4th. The plats divided as aforesaid into lots of one hundred acres, are deposited in the office of the register of the treasury where the locations are to be made; and upon surrendering the warrants which shall be thus located, patents will be issued in the manner and upon the conditions prescribed by law.
Given under my hand at Philadelphia the day and year above mentioned.
OLIVER WOLCOTT. Secretary of the Treasury. 3u
WINCHESTER'S DIALOGUS ON UNIVERSAL RESTORATION, For Sale at this Office price 28.

lative to the subject matter before them. And in case either the bankrupt or creditor shall think him or herself aggrieved by the determination of the said judge or commissioners, relative to any material fact, in the commencement or progress of the said proceedings, or in the allowance of the certificate aforesaid, it shall and may be lawful for either party to petition the said judge sitting forth such facts and the determination thereon, with the complaint of the party, and a prayer for trial by a jury to determine the same, and the said judge shall, in his discretion, make order thereon, and award a venire facias to the marshal of the district, returnable within fifteen days before him, for the trial of the facts mentioned in the said petition, notice whereof shall be given to the commissioners and creditors concerned in the same; at which time the said trial shall be had, unless, on good cause shewn, the judge shall give farther time, and judgment being entered on the verdict of the jury, shall be final, on the said facts, and the judge or commissioners shall proceed agreeably thereto.  Sec. 53. And be it further enacted , That the commissioners before the appointment of assignees, and the assignees after such appointment, may from time to time make such allowance out of the bankrupt's estate until he shall have obtained his final discharge, as in their opinion may be requisite for the necessary support of the said bankrupt and his family.  Sec. 54. And be it further enacted , That it shall be lawful for the major part in value of the creditors, before they proceed to the choice of assignees, to direct in what manner, with whom, and where the monies arising by, and to be received from time to time out of the bankrupt's estate, shall be lodged, until the same shall be divided among the creditors, as herein provided: to which direction every such assignee and assignees shall conform as often as three hundred dollars shall be received.  Sec. 55. And be it further enacted , That every matter and thing by this act, required to be done by the commissioners of any bankrupt, shall be valid to all intents and purposes, if performed by a majority of them.  Sec. 56. And be it further enacted , That in all cases where the assignees shall procure any debtor of the bankrupt for any debt, duty or demand, the commission, or a certified copy thereof, and the assignment of the commissioners of the bankrupt's estate, shall be conclusive evidence of the sitting the commission, bankrupt, and of the person named therein, being a trader and bankrupt, at the time mentioned therein.  Sec. 57. And be it further enacted , That every person obtaining a discharge from his debts, by certificate as aforesaid, granted under a commission, of bankruptcy, shall not, on any future commission, be entitled to any other certificate than a discharge of his person only; unless the net proceeds of the estate and effects of such person so becoming bankrupt a second
Effect of a discharge under a se- cond com- mission.  The com- missioners of the par- ty being a bankrupt,  Creditors may direct where the money shall be deposited  Allowance to the bank- rupt, pend- ing the pro- ceedings.  Trial by ju- ry may be- had in rela- tion to cer- tain facts.

the petitioning creditor or creditors, shall be repaid to him or them by the commissioners or assignees, out of the first monies arising from the bankrupt's estate or effects, if so much be received therefrom.
District judge to fix the compensation to the commissioners.
Sec. 47. And be it further enacted , That the district judges, in each district respectively, shall fix a rate of allowance to be made to the commissioners of bankruptcy, as compensation of their services to be rendered under the commission, and it shall be lawful for any creditor, by petition to the district judge, to except to any charge contained in the account of the commissioners, in a summary way decide upon the validity of such exception. Sec. 48. And be it further enacted , That all penalties, given by this act for the benefit of the creditors, shall be recovered by the assignee or assignees by action of debt, and the money so recovered, the charges of suit being deducted, shall be distributed towards payment of the creditors.
General issue and damages provided for who acted under the commission.
Sec. 49. And be it further enacted , That if any action shall be brought against any commissioner, or assignee, or other person, having authority under the commission, for any thing done or performed by force of this act, the defendant may plead the general issue, and give this act and the special matter in evidence; and in case of a non-suit, discontinuance, or verdict or judgment for him, he shall recover double costs.
Property coming to the bankrupt, before he obtains a certificate, to be vested in the commissioners.
Sec. 50. And be it further enacted , That if any estate real or personal shall descend, revert to, or become vested in any person, after he or she shall be declared a bankrupt, and before he or she shall obtain a certificate, signed by the judge as aforesaid, all such estate shall, by virtue of this act, be vested in the said commissioners, and shall be by them assigned and conveyed to the assignee or assignees in fee simple, or otherwise, in like manner as above directed, with the estate of the said bankrupt, at the time of the bankruptcy, and the proceeds thereof shall be divided among the creditors.
Proceedings of the commissioners to be filed in the office of the clerk of the district, &c.
Sec. 51. And be it further enacted , That the said commissioners shall, once in every year, carefully file in the clerk's office of the district court, all the proceedings had in every case before them, and which shall have been finished, including the commissions, examinations, dividends, entries, and other determinations of the said commissioners, in which office, the final certificate of the said bankrupt may also be recorded; all which proceedings shall remain of record in the said office, and certified copies thereof shall be admitted as evidence in all courts in like manner as the copies of the proceedings of the said district court are admitted in other cases.
Creditors may attend the examination of the bankrupt, and the allowance of the bankrupt and the commissioners.
Sec. 52. And be it further enacted , That it shall and may be lawful for any creditor of such bankrupt, to attend all or any of the examinations of said bankrupt, and the allowance of the final certificate, if he shall think proper, and then and there to propose interrogatories, to be put by the judge or commissioners to the said bankrupt and others, and also to produce and examine witnesses and documents before such judge or commissioners, re-

keeper of said prison to release said Robert, so far as he is holden, by virtue of said process, in favor of the United States.
And provided also , That the judgment obtained, or to be obtained on said process, shall remain in full force against any estate the said Robert may hereafter acquire.
THEODORE SEDGWICK,
Speaker of the House of Representatives.
TH: JEFFERSON,
Vice-President of the United States, and President of the Senate,
APPROVED—April 5, 1800
JOHN ADAMS,
President of the United States. 
CHAPTER XXI.
An ACT to allow a drawback of duties on goods exported to New-Orleans, and therein to amend the act entitled “An act to regulate the collection of duties on imports and tonnage.”
BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any goods, wares or merchandize, which shall be exported from the United States, after the tenth day of April current, in the manner prescribed by law, to the port of New-Orleans, on the river Mississippi, shall be deemed and taken to be entitled to such drawbacks of duties as would be allowable thereon, when exported to any other foreign port or place, any thing in the act intitled “An act to regulate the collection of duties on imports and tonnage,” to the contrary hereof notwithstanding.
THEODORE SEDGWICK,
Speaker of the House of Representatives.
TH: JEFFERSON,
Vice-President of the United States, and President of the Senate,
APPROVED—April 5, 1800.
JOHN ADAMS,
President of the United States, 
CHAPTER XXII.
An ACT to continue in force “An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein,” and for other purposes as therein mentioned.
Sec. 1. BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act intitled “An act concerning certain fisheries of the United States, and for the regulation and government of the fishermen employed therein,” shall be in force and is hereby continued for the term of ten years, from the

hundred dollars, nor exceeding three per centum on the nett proceeds of the said bankrupt's estate.
Sec. 36. Provided also, and be it further enacted , That no person becoming a bankrupt according to the intent and provisions of this act, shall be entitled to a certificate of discharge, or to any of the benefits of the act, unless the commissioners shall certify under their hands, to the judge of the district within which such commission issues, that such bankrupt hath made a full discovery of his or her estate and effects; and in all things conformed him or herself to the directions of this act, and that there doth not appear to them any reason to doubt of the truth of such discovery, or that the same was not a full discovery of the said bankrupts estate and effects: or unless the said judge should be of opinion that the said certificate was unreasonably denied by the commissioners; and unless two thirds, in number and in value, of the creditors of the bankrupt, who shall be creditors for not less than fifty dollars respectively, and who shall have duly proved their debts under the said commission, shall sign such certificate to the judge, and testify their consent to the allowance of a certificate of discharge, in pursuance of this act; which signing and consent shall be also certified by the commissioners; but the said commissioners shall not certify the same till they have proof by affidavit or affirmation, in writing, of such creditors or of the persons respectively authorized for that purpose, signing the said certificate; which affidavit or affirmation, together with the letter or power of attorney to sign, shall be laid before the judge of the district within which such commission issues, in order for the allowing the certificate of discharge, and the said certificate shall not be allowed unless the bankrupt make oath or affirmation in writing, that the certificate of the commissioners, and consent of the creditors thereunto were obtained fairly and without fraud; and any of the creditors of the said bankrupt are allowed to be heard, if they shall think fit before the respective persons aforesaid, against the making or allowing of such certificates by the commissioners or judge.
A certificate of discharge made necessary, and how it is to be obtained.
Sec. 37. And be it further enacted , That if any creditor or pretended creditor of any bankrupt, shall exhibit to the commissioners any fictitious or false debt, or demand, with intent to defraud the real creditors of such bankrupt, and the bankrupt shall refuse to make discovery thereof, and suffer the fair creditors to be imposed upon, he shall lose all title to the allowance upon the amount of his effects, and to a certificate of discharge as aforesaid, nor shall he be entitled to the said allowance or certificate, if he has lost, at any one time fifty dollars, or in the whole three hundred dollars, after the passing of this act, and within twelve months before he became a bankrupt, by any manner of gaming or wagering whatever.
For what misconduct of the bankrupt, he shall lose his right to a certificate, &c.
Sec. 38. And be it further enacted , That if any bankrupt, who shall have obtained his certificate, shall be taken in execution or detained in prison, on account of any debts owing before he became a bankrupt, by reason that judgement was obtained before
Bankrupt, if arrested, may be discharged on an habeas corpus.

such certificate was allowed, it shall be lawful for any of the judges of the court wherein judgement was so obtained, or for any court, judge, or justice, within the district in which such bankrupt shall be detained, having powers to award or allow the writ of Habeas Corpus, on such bankrupt producing his certificate so as aforesaid allowed, to order any sheriff or gaoler who shall have such bankrupt in custody, to discharge such bankrupt without fee or charge, first giving reasonable notice to the plaintiff or his attorney, of the motion for such discharge.
Persons whose debts are due at a future day may prove them.
Sec. 39. And be it further enacted , That every person who shall have bona fide given credit to or taken securities, payable at future days, from persons who are or shall become bankrupts, not due at the time of such persons becoming bankrupt, shall be admitted to prove their debts and contracts, as if they were payable presently, and shall have a dividend in proportion to the other creditors, discounting, where no interest is payable, at the rate of so much per centum per annum, as is equal to the lawful interest of the state where the debt was payable; and the obligee of any bottomry or respondentia bond, and the assured in any policy of insurance, shall be admitted to claim, and after the contingency or loss, to prove the debt thereon, in like manner as if the same had happened before issuing the commission; and the bankrupt shall be discharged from such securities, as if such money had been due and payable before the time of his or her becoming bankrupt: and such creditors may petition for a commission, or join in petitioning.
Obligees of certain bonds, and the assured in a policy of insurance, may claim under the commission, &c.
Proceedings on an habeas corpus, brought by a person committed by the commissioners.
Sec. 40. And be it further enacted , That in case any person committed by the commissioner's warrant, shall obtain a habeas corpus in order to be discharged, and there shall appear any insufficiency in the form of the warrant, it shall be lawful for the court or judge before whom such party shall be brought by habeas corpus , by rule or warrant, to commit such persons to the same prison, there to remain until he shall conform as aforesaid, unless it shall be made to appear that he had fully answered all lawful questions put to him by the commissioners; or in case such person was committed for not signing his examination, unless it shall appear that the party had good reason for refusing to sign the same, or that the commissioners had exceeded their authority in making such commitment: and in case the gaoler to whom such person shall be committed, shall wilfully or negligently suffer such person to escape, or to go without the doors or walls of the prison, such gaoler shall, for such offence, being convicted thereof, forfeit a sum not exceeding three thousand dollars for the use of the creditors.
Penalty on the gaoler suffering such person to go at large.
Prisoner to be produced by the gaoler on demand of a creditor.
Sec. 41. And be it further enacted , That the gaoler shall, upon the request of any creditor having proved his debt, and shewing a certificate thereof, under the hands of the commissioners, which the commissioners shall give without fee or reward, produce the person so committed; and in case such gaoler shall refuse to shew such person to such creditor, requesting the same, such person shall be considered as having escaped, and the gaoler or sheriff so refusing, shall be liable as for a wilful escape.

purview of this act, and whose debts shall amount in the cases specified in the second section thereof to the sums therein mentioned. And if any person within the purview of this act shall be imprisoned for the space of three months, for any debt, or upon any contract, unless the creditors of such prisoner shall proceed to prosecute a commission of bankruptcy against him or her, agreeably to the provisions of this act, such debtor may and shall be entitled to relief, under any such laws for the relief of insolvent debtors, this act notwithstanding.
Sec. 62. And be it further enacted , That nothing contained in this law shall, in any manner affect the right of preference to prior satisfaction of debts due to the United States as secured or provided by any law heretofore passed, nor shall be construed to lessen or impair any right to, or security for, money due to the United States or to any of them.
Saving of the rights of the U. S. and of each state as to their debts.
Sec. 63. And be it further enacted , That nothing contained in this act shall be taken, or construed to invalidate, or impair any lien existing at the date of this act, upon the lands or chattels of any person who may have become a bankrupt.
Saving of existing liens.
Sec. 64. And be it further enacted , That this act shall continue in force during the term of five years, and from thence to the end of the next session of Congress thereafter, and no longer: Provided , That the expiration of this act shall not prevent the complete execution of any commission which may have been previously thereto issued.
Limitation of this act,
THEODORE SEDGWICK,
Speaker of the House of Representatives.
TH: JEFFERSON,
Vice-President of the United States, and President of the Senate.
APPROVED—April 4, 1800.
JOHN ADAMS,
President of the United States.
CHAPTER XX.
An ACT to discharge Robert Sturgeon from his imprisonment.
B E it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the keeper of the prison in Lewistown, county of Mifflin, and state of Pennsylvania, be, and he is hereby authorized and directed to release Robert Sturgeon from imprisonment, on a process, in favor of the United States, by virtue of which he is now imprisoned: Provided , He obtains and produces to him the said keeper, a certificate from the Secretary of the Treasury, that he the said Robert has assigned and conveyed all his estate, real and personal, in his possession, or to which he is entitled to some person, or persons, for the use of the United States, under the direction and to the satisfaction of the secretary of the Treasury, which certificate shall be sufficient authority for the

time, shall be sufficient to pay seventy-five per cent, to his or her creditors on the amount of their debts respectively.
Claims of creditors may be tried by jury. Sec. 58. And be it further enacted , That any creditor of a person, against whom a commission of bankruptcy shall have been sued forth, and who shall lay his claim before the commissioners appointed in pursuance of this act, may at the same time declare his unwillingness to submit the same to the judgment of the said commissioners, and his wish that a jury may be impanelled to decide thereon: And in like manner the assignee or assignees of such bankrupt may object to the consideration of any particular claim by the commissioners, and require that the same should be referred to a jury. In either case, such objection and request shall be entered on the books of the commissioners, and thereupon an issue shall be made up between the parties, and a jury shall be impanelled, as in other cases, to try the same in the circuit court for the district in which such bankrupt has usually resided. The verdict of such jury shall be subject to the controul of the court, as in suits originally instituted in the said court, and when rendered, if not set a side by the court, shall be certified to the commissioners, and shall ascertain the amount of any such claim, and such creditor or creditors shall be considered in all respects as having proved their debts under the commission.
Bankrupt's estate may be sold on credit. Sec. 59. And be it further enacted , That the lands and effects of any person becoming bankrupt may be sold on such credit, and on such security, as a major part in value of the creditors may direct: Provided , nothing herein contained shall be allowed so to operate, as to retard the granting the bankrupt's certificate.
Creditors or commissioners may release the bankrupt from prison, and the former may issue a new execution if he does not obtain a discharge. Sec. 60. And be it further enacted , That if any person becoming bankrupt, shall be in prison, it shall be lawful for any creditor or creditors, at whose suit he or she shall be in execution, to discharge him or her from custody, or if such creditor or creditors shall refuse to do so, the prisoner may petition the commissioners to liberate him or her, and thereupon, if, in the opinion of the commissioners, the conduct of such bankrupt shall have been fair, so as to entitle him or her in their opinion, to a certificate, when by law such certificate might be given, it shall be lawful for them to direct the discharge of such prisoner, and to enter the same in their books, which being notified to the keeper of the gaol in which such prisoner may be confined, shall be a sufficient authority for his or her discharge: Provided , That in either case, such discharge shall be no bar to another execution, if a certificate shall be refused to such bankrupt: And provided also , That it shall be no bar to a subsequent imprisonment of such bankrupt by order of the commissioners, in conformity with the provisions of this act.
How far this act shall affect the insolvent laws of the states. Sec. 61. And be it further enacted , That this act shall not repeal or annul, or be construed to repeal or annul the laws of any state now in force, or which may be hereafter enacted, for the relief of insolvent debtors, except so far as the same may respect persons, who are, or may be clearly within the

Sec. 42. And be it further enacted , That where it shall appear to the said commissioners that there hath been mutual credit given by the bankrupt, and any other person, or mutual debts between them at any time before such person became bankrupt, the assignee or assignees of the estate shall state the account between them, and one debt may be set off against the other, and what shall appear to be due on either side on the balance of such account after such set off, and no more, shall be claimed or paid on either side respectively.
Off-sets to be allowed.
Sec. 43. And be it further enacted , That it shall and may be lawful to and for the assignee or assignees of any bankrupt's estate and effects, under the direction of the commissioners, and by and with the consent of the major part in value of such of the said bankrupt's creditors, as shall have duly proved their debts under the commission, and shall be present at any meeting of the said creditors, to be held in pursuance of due and public notice for that purpose given, to submit any difference or dispute for, on account, of, or by reason or means of, any matter, cause or thing whatsoever, relating to such bankrupt, or to his or her estate or effects, to the final end and determination of arbitrators to be chosen by the said commissioners, and the major part in value of such creditors as shall be present at such meeting as aforesaid, and the party or parties with whom they shall have such difference or dispute, and to perform the award of such arbitrators, or otherwise to compound and agree the matter in difference and dispute as aforesaid, in such manner as the said assignee or assignees under the direction and with the consent aforesaid, shall think fit and can agree: and the same shall be binding on the several creditors of the said bankrupt, and the said assignee or assignees are hereby indemnified for what they shall fairly do according to the directions aforesaid.
Assignees may, with consent of the commissioners, &c. agree to a reference or compromise.
Sec. 44. And be it further enacted , That the assignees shall be, and hereby are vested with full power to dispose of all the bankrupt's estate real and personal at public auction or vendue, without being subject to any tax, duty, imposition, or restriction any law to the contrary notwithstanding.
Bankrupt's estate may be disposed of at public auction, without paying duty, &c.
Sec. 45. And be it further enacted , That if after any commission of bankruptcy, sued forth, the bankrupt happen to die before the commissioners shall have distributed the effects, or any part thereof, the commissioners shall, nevertheless, proceed to execute the commission, as fully as they might have done if the party were living.
What is to be done if the bankrupt die, pending the proceeding.
Sec. 46. And be it further enacted , That where any commission of bankruptcy shall be delivered to the commissioners therein named, to be executed, it shall and may be lawful for them before they take the oath or affirmation of qualification, to demand and take from the creditor, or creditors prosecuting such commission, a bond with one good security, if required, in the penalty of one thousand dollars, conditioned for the payment of the costs, charges, and expenses, which shall arise and accrue upon the prosecution of the said commission: Provided always , That the expenses, so as aforesaid to be secured and paid by
Commissioners may demand security for the expenses of the commission.