The Kentucke gazette (Lexington [Ky.]), 1788-09-06 00:00:00

K E N T U C K E G A Z E T T E,
S A T U R D A Y, SEPTEMBER 6. 1788.
LEXINGTON: Printed by JOHN BRADFORD at his OFFICE in Main Street, where Subscriptions, Advertisements, &c. for this paper, are thankfully received, and PRINTING in its different branches done with Care and Expedition.
EXTRACTS from the Journals of a CONVENTION held at Danville the Twenty eighth day of July, 1788.
RESOLVED,
WHEREAS it appears to the members of this Convention, that the United States in Congress assembled, have for the present desired to ratify the compact entered into between the Legislature of Virginia and the people of this District respecting the creation of the District into an independent State in consequence of which the powers vested in this convention are dissolved, and whatever order or resolution they pass cannot be considered as having any legal force or obligation: but being anxious for the safety and prosperity of ourselves and Constituents, do earnestly recommend to the good people inhabiting the several counties within the District each to elect five Representatives on the times of holding their Courts in the month of October next, to meet at Danville on the first Monday in November following, to continue in Office until the first day of January 1790, and that they delegate to their said Representatives, full powers to take such measures for obtaining admission of the District as a separate and independent member of the United States of America, and the navigation of the River Mississippi, as may appear most conducive to those important purposes: and also to form a Constitution of Government for the District, and organize the same when they shall judge it necessary, or to do and accomplish whatever on a consideration of the State of the District may in their opinion promote its interests
RESOLVED that the elections directed by the preceding resolution be held at the Court house of each County, and continued from day to day for five days including the first day
RESOLVED that the Sheriff within the respective counties of this District be requested to hold the said elections and make return thereof to the Clerk of the Supreme Court immediately after the same are finished, and also deliver to each Representative so elected a Certificate of his election, and in case the Sheriff should be no Sheriff in either of the said counties or he should refuse to act, that any two acting Magistrates then present may superintend and conduct the said elections and make returns and grant Certificates in the same manner the Sheriffs are requested to do
RESOLVED that every free male inhabitant of each county within the said District has a right to vote at the said elections within their respective counties.
RESOLVED that a majority of the members so elected be a QUORUM to proceed to business.
RESOLVED that if the said Convention should not make a house on the said first Monday in November, any three or more members then assembled may adjourn from day to day for five days next ensuing, and if a Convention should not then be formed at the end of the fifth day, that they may then adjourn to any day they think proper not exceeding one month.
RESOLVED, that the Sheriff of each county, or the said Magistrates, as the case may be, read, or cause to be read the aforesaid resolutions on each day immediately preceding the opening the said elections.
ORDERED that the President do request the Printer of the Kentucky Gazette to publish the proceedings and resolutions of Congress by him laid before this Convention, also such of the proceedings of this Convention as the President shall think proper, and in particular that the Printer continue to publish weekly until the first of October next the recommendation for electing another Convention and the several resolutions relative thereto.
A true copy THOMAS TODD C. C.
THE general Muster for the County of Fayette, is appointed on Thursday the 9th of October, at Lexington The Court for enquiring into delinquencies, will sit at the Court-house the day following.
MATERIALS proposed for framing a Constitution of Government
(continued from No. 52.)
10 THERE are also certain other essential natural rights, which men cannot alienate from themselves or their posterity: these are the enjoying & defending life and liberty;---acquiring, possessing, and protecting property;--- and pursuing and obtaining safety and happiness. To aid the orderly and advantageous exercise of these, together with the rights of conscience, and to preserve them from violation, are the grand objects of civil power and civil law, and comprehend the unalterable conditions of the social compact: for the more effectual security whereof, the following stipulations may also be entered into
11 All civil power being originally in the community at large, and only vested in select men for convenience; magistrates are their trustees and agents, and as such are at all times amenable to them.
12 A civil government being instituted by common consent, and for common benefit; the community have a right to reform, alter, or abolish it whenever the public weal may thereby be promoted.
13 The citizens of a community may of right emigrate to any other that will receive them; therefore, a public mode of expatriation and naturalization should be authorized by law.
14 The legislative, executive and judiciary powers of a state ought to be kept separate and distinct from each other; unless in the cases where it is otherwise permitted or required by the constitution of government: that is, the members of the legislative department should not exercise the executive or judiciary powers; the members of the executive should not exercise legislative or judiciary powers; nor should the members of the judiciary exercise the legislative or executive powers: and at fixed periods not to exceed the term of three years, the members of the two first of these should be reduced to a private station, and the vacancies be supplied by certain and regular elections; in which all, or any part of the former members may be eligible or ineligible as the frame of government shall direct.
15 The privileges of the citizens to participate in the legislature, and to be governed only by laws they approve, is the foundation of civil liberty and all equal government; therefore, elections to representatives to serve in the legislature ought to be free from the influence of bribery or power; and every free male, having sufficient evidence of permanent common interest with and attachment to the community, should have suffrage in the town, county, or division of the county in which he hath resided and paid taxes the year immediately preceding, without being liable to civil arrests on the day or days of election: and moreover, he should not be taxed or deprived of his property for public use but by his own consent, or that of his representatives so elected, or be bound by any other law to which he has not in like manner assented; nor should the power of suspending laws or the execution of laws be assumed, but by the legislature, or by authority derived from them in such particular cases as they shall expressly prescribe.
16 Representation ought to be in proportion to the number of citizens entitled to suffrage, and the bounds in which the several elections are held so laid off, that not more than five representatives be elected on the same time at one place; and these should have resided within the bounds where they are elected and paid taxes three years immediately precedent thereto, and be free from any other legal incapacity.
17 For redress of grievances; for amending, explaining, strengthening and preserving the laws; and for making such further provisions and regulations as the well being of the community may occasionally require; the legislature ought, at least, annually to convene.
18 Laws respecting the support of government, the defence of the community, and the administration of justice ought to be uniform
19 Freedom of speech and debate on deliberations in the legislative assembly, are so essential
to the rights and privileges of the citizens, that they ought not to be the foundation of any action, complaint, prosecution, or indictment in any other court or before any other tribunal whatsoever.
20 All citizens ought to have the privilege of assembling and consulting for their common good, and by petition, memorial, or remonstrance, to apply to the legislature for redress of grievances they suffer, or to avert those with which they are threatened.
21 No person should be restrained from freedom of speech, or from writing and publishing his sentiments on any subject: more especially, the liberty of the press, being one of the highest preservatives of free government, ought to continue inviolate.
22 As every citizen partakes of the advantages of government; he is, therefore, bound to contribute his share in the expence of supporting it, and to render his personal services when they are necessary or an equivalent thereto.
23 Every citizen, by having recourse to the laws, should find a certain remedy for all injuries or wrongs done him by his fellow subjects: and be entitled to right and justice freely, without purchase; completely, without denial; and promptly without delay.
24 The ancient trial by jury is found to be the best security for justice in judgment, and ought to be held sacred.
25 No citizen ought to be arrested, imprisoned, or dispossessed of his freehold, franchises or privileges; or be outlawed, or exiled, or deprived of his life liberty or property, but by the laws of the community; and all recognizances, forfeiture, penalties and punishments should be proportioned to the nature and demerit of the offence.
26 Every person restrained of his liberty should be entitled to demand an enquiry into the lawfulness thereof, and to deliverance if it be unlawful; therefore the privilege of the writ of habeas corpus ought not to be suspended, unless when in cases of rebellion or invasion the public safety should so require.
27 Every person ought to be secure from all unreasonable searches and seizures of his person, his houses, his papers and his other possessions; therefore, warrants without oath or solemn affirmation first made, affording sufficient foundation for them, and wherein any officer is empowered or commanded to search suspected places or apprehend suspected persons without special designation of the objects of search, arrest or seizure, should not be granted; nor should any such warrant be issued but in the cases and with the formality prescribed by law.
28 No citizen should be put to answer at common law any criminal charge, but by a legal indictment, or presentment; and in all such prosecutions he ought to have the privilege of being fully heard by himself and by his council, to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy public trial by a competent impartial jury of his vicinage, without whose unanimous verdict he ought not to be condemned; nor should any free person be liable to capital punishment without a trial by jury, except those who shall be subjected to the laws for governing the military land or naval forces; neither should any one be brought to a second trial for the same crime after having been once acquitted.
29 No bill of attainder, or ex post facto law for punishing actions done before the existence of such law; nor retrospective law, changing the conditions, or impairing the obligation of bona fide contracts, ought to be passed.
30 All citizens ought to have privilege to keep and bear arms for the defence of themselves and the community
31 A well regulated militia is the proper natural and safe defence of a free state: but standing armies, being dangerous to liberty, should never be raised or kept up unless from special necessity; and in all cases, the military should be under strict subordination to the civil power.
32 In time of peace no soldier ought to be

quartered in any house without the consent of the owner; and in time of war such quarters ought to be made by a civil magistrate, and in such manner as shall be directed by law.
33 No citizen ought to be subjected to martial law, or to any pains or penalties by virtue of that law, except those immediately under the authority of the army or navy, including the militia in actual service in the time of war invasion or rebellion.
34 The habeas corpus, —trial by jury, —liberty of the press, —subordination of the military to the civil power, —and impressments of private property for public use, ought to be regulated in conformity to the established principles and course of the laws of England, as far as circumstances permit.
35 The independence of the members of the executive and judiciary departments of government is essential to the integrity of their administrations; therefore, they ought to have fixed and adequate compensations for their services, which should neither be changed, increased, nor diminished during their continuance in office; and for misfeasance or malefeasance in office, or for other crimes or misdemeanors, they ought to be removed only by judgment of their peers founded on impeachment by the legislature; and more effectually to secure an impartial interpretation of law, the judges of the judicial courts should hold their commissions during good behaviour.
36 No man or set of men are entitled to exclusive or separate public emoluments or privileges from the community, but in consideration of public services; the talents for which not being descendible, no hereditary titles of honor or offices of profit ought to be conferred.
37 For the promotion of useful arts and sciences, authors and inventors their heirs or assigns may have the exclusive right of their respective writings and discoveries for a limited time; but no other monopoly ought to be granted.
38 As free government, and the blessings of liberty cannot be preserved to any people, but by a firm adherence to justice, temperance, frugality, and the other social virtues; therefore, laws for the suppression of the contrary vices should be provided and enforced with all possible attention: and especially it is the duty of the legislature to prohibit the importation of luxuries, superfluities, slaves and convict servants in the way of merchandise; and to take measures for the emancipation of all slaves, as soon as it can be done with safety to the community and justice to the owners.
39 Every subject, when thereunto called by authority of law, is in duty bound to declare the truth, the whole truth, and nothing but the truth, in the name and presence of the great-searcher of hearts; therefore, the manner of administering an oath or solemn affirmation ought to be such, as those of the religious persuasion or denomination to which such person professes to adhere, esteem to be the most effectual appeal to the divine being.
40 The oath of allegiance ought to express an obligation to maintain the constitution of government, and all laws made or adopted by the community that are not repugnant thereto.
On this essay to collect proper materials for a declaration of rights, it may not be impertinent to observe, that they are either founded in nature, or justified by the long tried provisions of the English
law, which have grown to be the admiration of the world. Those only which are relative to religious liberty have any appearance of novelty; and as the rights of conscience have but lately been fixed on their true basis, I have studied to assert them in expressions more particular and unequivocal than are necessary to other rights and privileges, which though not more clear from reason, have obtained earlier deliverance from the lust of domination. If it should be thought, that a part or the whole of some of the foregoing articles would stand more properly in the frame of government; I need only say at present, that a better judgment may be formed thereon after the materials for that part of the constitution are also stated in one view with these. What I am attempting should be considered as the first rude imperfect draught: to have it corrected and refined is the end of its publication by
PHILOPATRIA.
Mr Bradford. TAKE the liberty through the medium of your Press, to present my compliments to PHILANTHROPOS. His patriotic vigilance in the general interests of mankind and especially that community of which he is more immediately a member, merits, not only approbation, but also the thanks of the public. And as our feuding politicians have been sometime silent, this gentleman has very laudably attempted to turn the thoughts of his fellow citizens to those things which seem to be the object of their more immediate concern. But as a proposition cannot carry complete conviction, until such objections as may reasonably arise from it are considered, I beg leave to hint a few queries, which have occurred to me, on reading his piece in your paper No. 52, and are such as follows.
Does variety of sentiments always arise from variety of interests? and if so, in what instances do his particular interests differ from theirs who do not wish the county divided?
Considering that a great (perhaps the greatest) number of the present inhabitants of this county, have only a temporary settlement among us, is it not rather probable that our numbers will decrease in a few years, in proportion as those people can move out to their own lands, or where they can purchase cheaper, and then what will become of his four or five Battalions?
If our country is so poor that men cannot pay for a nights lodging at a Tavern, can they afford money enough to erect a set of public buildings, such as Court-house, Prison, Sacks &c. and will not the hardship appear still greater, when we consider that a great part of the expense must be levied on the people who seldom or never attend courts, and to whom such buildings are as serviceable at the distance of twenty miles, as one?
In what instance has the administration of justice been delayed, and in what county is the court business in greater forwardness than in Fayette?
Is he sure that the county court clerk was in earnest, in saying that he needed three clerks: or was it only an irony, meaning that he himself could do three times the business of the county?
Can he persuade himself in his address to his countrymen, he did not, (even once) cast a squinting look toward some private interest, either of his own, or some of his prompters) and so, for a moment, lose sight of the happiness of the community.
Did he intend his long elegant address as an instance in point, to prove his assertion, that "in words every man is a patriot in actions" but a few: or does it happen only to prove it by accident?
Whether was he prompted by the influence of conviction, or modesty, when in his conclusion he erects his own opinion as the standard of honour, integrity, and a friendship for the common rights of mankind?
In fine, has he taken care that the information has been good on which he grounds his assertions? for should it prove to be otherwise in any one instance it may tend to cast an ugly shade of suspicion over the whole.
A satisfactory answer to the above would tend greatly to establish his point and entitle him still farther to the public thanks.
QUERICUS
THIS is to notify the Clerks and Sheriff's that have put Fee-Bills into my hands, in order to collect; to attend at my house in Lexington and receive their delinquent notes.
August 4, 1788, ROBERT PATTERSON.
A COMPANY will meet the 24 of September as the Crab-orchard in order to start early the 25. through the Wilderness.
S A L T TO BE EXCHANGED FOR T O B A C C O
in Lexington, by JAMES WILKINSON.
JUST ARRIVED, AND NOW OPENING BY JOHN GOUDY,
At his Store in Lexington, on Main street, nearly opposite Mr. Collins's Tavern, and one door above Messrs. Alexander & James Parker's Store. An assortment of
G O O D S VIZ.
  FINE & coarse Cloths,  Shoe & Knee Buckles,    Blankets Corderoy,  Table Spoons,    Velvet, Fustian, Jeans,  Fine & Coarse Combs,    Callimanco, Chintz,  Jews Harps, Awl Blades,    Calico, with Linnen,  Black & Flower'd Ribbon    Brown Linnen, Tickings,  Powder and Lead,    Worsted & Thread Stockings,  Pewter and Queens Ware    Check White and Black Gauze,  Plates,    Gause Handkerchiefs,  Tea Ware & Tumblers,    Pocket ditto.  Looking Glasses,    English & Dutch Testaments & Psalm Books.  Tobacco Boxes,    Fine and coarse Hats,  Cotton & Wool Cards,    Writing Paper & Pins.  Spelling Books & Primers    Sewing & knitting Needles,  Sewing Silk, Needle thread,    Knives and Forks,  Pepper & Cinnamon,    Pen & Cutteau Knives,  Tea Coffe & Chocolate,    Coat & Vest Buttons,  Muscovado Sugar,    Stirrup Irons, Girth Buckles & Bridle Bits,  Flooring Bords,    Wood Screws,  1st & 2nd nails,     Brimestone & Rosin,     Black Smiths Files and Rasps,     Chisels & Shoe Knives,     Catings, Pipes, &c.  
THE subscribers being proprietors of a tract of land opposite the mouth of Licking river, on the N. West side of Ohio; have determined to lay off a town upon that excellent situation. The land and natural advantages speaks its future prosperity; being equal if not superior to any, on the bank of Ohio, between the Miamies. The inlots to be each half an acre, the out lots four acres, thirty of each to be given to settlers, upon paying one dollar and a half for the survey and deed of each lot. The fifteenth day of September is appointed for a large company to meet in Lexington, and mark a road from thence to the mouth of Licking, provided Judge Symms arrives, being daily expected. When the Town is laid off, lots will be given to such as may become residents before the first of April next.
MATTHIAS DENMAN. ROBERT PATTERSON. JOHN FILSON. 12
THE Commissioners appointed for adjusting the claims for Militia service done, and forage, provisions and other articles furnished or impressed, in the years 1786 and 1787, will meet for that purpose in Lexington, on the second Tuesday in September next, to receive the claims of Fayette and Bourbon counties, at Lincoln Court-house the Monday following, to receive those of that and Madison Counties, and at Harrodsburgh the Thursday following, to receive those of Mercer and Nelson Counties.
DAVID KNOX. C. Com.
TAKEN up on the Rolling Fork of Salt River, Nelson County, about the twelfth of June last, a bay mare (with a last springs colt) about thirteen hands and a half high, neither docked nor branded, four years old last spring. Possed and appraised to Nine Pounds. BENJAMIN HEAD.