The Kentucke gazette (Lexington [Ky.]), 1787-09-08 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 8, 1787.
The following Circular Letter has been transmitted by the United States in Congress assembled, to the Governors of the respective States:—
SIR, OUR secretary for foreign affairs has transmitted to you copies of a letter to him from our minister at the court of London, of the fourth day of March, 1786, and of the papers mentioned to have been enclosed in it.
We have deliberately and dispassionately examined and considered the several facts and matters urged by Britain as infractions of the treaty of peace on the part of America, and we regret that in some of the states too little attention appears to have been paid to the public faith pledged by that treaty.
Not only the obvious dictates of religion, morality and national honour, but also the first principles of good policy, demand a candid and punctual compliance with engagements constitutionally and fairly made.
Our national constitution having committed to us the management of the national concerns with foreign states and powers, it is our duty to take care that all the rights which they ought to enjoy within our jurisdiction by the laws of nations and faith of treaties, remain inviolate. And it is also our duty to provide that the essential interests and peace of the whole confederacy be not impaired or endangered by deviation from the line of public faith, into which any of its members may, for whatever cause, be unadvisedly drawn.
Let it be remembered that the thirteen independent sovereign states have, by express delegation of power, formed and vested in us a general though limited sovereignty, for the general and national purposes specified in the confederation. In this sovereignty, they cannot severally participate (except by their delegates) nor with it have concurrent jurisdiction; for the ninth article of confederation most expressly conveys to us the sole and exclusive right and power of determining on war and peace, and of entering into treaties and alliances. &c.
When therefore a treaty is constitutionally made, ratified and published by us, it immediately becomes binding on the whole nation, and super added to the laws of the land, without intervention or fiat of state legislatures. Treaties derive their obligation from being compact between the sovereign of this, and the sovereign of another nation; whereas laws or statutes derive their force from being acts of a legislature competent to the passing of them.
Hence it is clear that treaties must be implicitly received and observed by every member of the nation: for as state legislatures are not competent to the making of such compacts or treaties, so neither are they competent in that capacity, authoritatively to decide on, or ascertain the construction and sense of them. When doubts arise respecting the construction of state laws, it is not unusual nor improper for the state legislatures by explanatory or declaratory acts, to remove those doubts: but the case between laws and compacts or treaties, is in this widely different; for when doubts arise respecting the sense and meaning of a treaty, they are so far from being cognizable by a state legislature, that the United States in Congress assembled have no authority to settle and determine them. For as the legislature only, which constitutionally passes a law, has power to revise and amend it; so the sovereigns only, who are parties to the treaties, have power by mutual consent and posterior articles to correct or explain it.
In cases between individuals, all doubts respecting the meaning of a treaty, like all doubts respecting the meaning of a law, are in the first instance mere judicial questions, and are to be heard and decided in the courts of justice, having cognizance of the causes in which they arise, and whose duty it is to determine them according to the rules and maxims established by the laws of nations for the interpretations of treaties. From these principles it follows of necessary consequence that no individual state has a right by legislative acts to decide and point out the sense in which their particular citizens and courts shall understand it, or that article of a treaty.
It is evident that a contrary doctrine would not only militate against the common and established maxims and ideas relative to this subject, but would prove no less ludicrous in practice than it is irrational in theory; for in that case the same article of the same treaty might by law be made to mean one thing in New-Hampshire,
another thing in New-York, and neither the one nor the other of them in Georgia.
How far such legislative acts would be valid and obligatory even within the limits of the state passing them, is a question which we hope never to have occasion to discuss. Certain however it is that such acts cannot bind either of the contracting sovereigns, and consequently cannot be obligatory on their respective nations.
But if treaties, and every article in them, be (as they are and ought to be) binding on the whole nation: If individual states have no right to accept some articles and reject others; and if the impropriety of state acts to interpret and decide the sense and construction of them be apparent; still more manifest must be the impropriety of state acts to controul, delay or modify the operation and execution of these national compacts.
When it is considered, that the several states assembled by their delegates in Congress, have express power to form treaties; surely the treaties so formed are not afterwards to be subject to such alterations as this or that legislature may think expedient to make, and that too without the consent of either of the parties to it,—that is in the present case with the consent of all the United States, who collectively are parties to this treaty on the one side, and his Britannic Majesty on the other. Were the legislatures to possess and to exercise such power, we should soon be involved as a nation, in anarchy and confusion at home, and in disputes which probably terminate in hostilities and war with the nations with whom we have formed treaties. Instances would then be frequent of treaties fully executed in one state, and only partly executed in another; and of the same article being executed in one manner in one state, and in a different manner, or not at all in another state. History furnishes no precedent of such liberties taken with treaties under form of a law in any nation.
Contracts between nations, like contracts between individuals, should be faithfully executed, even though the sword in the one case and the law in the other did not compel it. Honest nations, like honest men, require no constraint to do justice; and though impunity and the necessity of affairs may sometimes afford temptations to pare down contracts to the measure of convenience, yet it is never done but at the expence of that esteem, confidence and credit which are of infinitely more worth than all the momentary advantages which such expedients can extort.
But although contracting nations cannot like individuals, avail themselves of courts of justice to compel performance of contracts: Yet an appeal to Heaven and to arms is always in their power, and often in their inclination.
But it is their duty to take care that they never lead their people to make and support such appeals. Unless the sincerity and propriety of their conduct affords them good reason to rely with confidence on the justice and protection of Heaven.
Thus much we think it useful to observe in order to explain the principles on which we have unanimously come to the following resolutions, viz.
“Resolved, That the legislatures of the several states cannot of right pass any act or acts for interpreting, explaining or construing a national treaty, or any part of a clause of it; nor for restraining, limiting, or in any manner impeding, retarding or counteracting the operation and execution of the same; for that on being constitutionally made, ratified and published, they become in virtue of the confederation, part of the law of the land, and are not only independent of the will and power of such legislatures, but also binding and obligatory on them.”
As the treaty of peace, so far as it respects the matters and things provided for in it, is a law to the United States which cannot by all or any of them be altered or changed, all state acts establishing provisions relative to the same objects which are incompatible with it, must in every point of view be improper; such acts do nevertheless exist; but we do not think it necessary either to enumerate them particularly, or to make them severally the subjects of discussion. It appears to us sufficient to observe and insist that the treaty ought to have free course in its operation and execution, and that all obstacles interposed by state acts be removed. We mean to act with the most scrupulous regard to justice and candour towards Great-Britain, and with an equal degree of delicacy, moderation and decision towards the states who have given occasion to these discussions.
For these reasons we have in general terms “Resolved, that all such acts, or part of acts as may be now
existing in any of the states, repugnant to the treaty of peace, ought to be forthwith repealed; as well to prevent their continuing to be regarded as violations of that treaty, as to avoid the disagreeable necessity there might otherwise be of raising and discussing questions touching their validity and obligation.”
Although this resolution applies strictly only to such of the states as have passed the exceptionable acts alluded to, yet to obviate all future disputes and questions, as well as to remove those which now exist, we think it best that every state without exception, should pass a law on the subject. We have therefore “Resolved, that it be recommended to the several states to make such repeal rather by describing or reciting the said acts; and for that purpose to pass an act declaring in general terms that all such acts, and part of acts, repugnant to the treaty of peace between the United States and his Britannic Majesty, or any article thereof, shall be, and hereby are repealed; and that the courts of law and equity in all cases and question cognizable by them respectively, and arising from or touching the said treaty, shall decide and adjudge according to the true intent and meaning of the same; any thing in the said acts, or part of acts to the contrary thereof notwithstanding.”
Such laws would answer every purpose, and be easily formed. The more they were of the like tenor throughout the states the better. They might each recite,
Whereas certain laws or statutes made and passed in some of the United States, are regarded and complained of as repugnant to the treaty of peace with Great-Britain, by reason whereof not only the good faith of the United States pledged by that treaty, has been drawn into question, but their essential interest under that treaty greatly effected. And whereas justice to Great-Britain, as well as a regard to the honor and interest of the United States, require that the said treaty be faithfully executed and that all the obstacles thereto, and particularly such as do or may be constructed to proceed from the laws of this state, be effectually removed, Therefore
Be it enacted by
, and it is hereby enacted by the authority of the same, that such of the acts, or part of acts, of the legislature of this state, as are repugnant to the treaty of peace between the United States and his Britannic Majesty, or any article thereof, shall be and hereby are repealed. And further, that the courts of law and equity within this state, be, and they hereby are directed and required in all causes and questions cognizable by them respectively, and arising from or touching the said treaty, to decide and adjudge according to the tenor, true intent and meaning of the same, any thing in the said acts or part of acts, to the contrary thereof in any wise notwithstanding.
Such a general law would, we think, be preferable to one that should minutely enumerate the acts and clauses intended to be repealed, because omissions might accidentally be made in the enumeration, or questions might arise, and perhaps not be satisfactorily determined, respecting particular acts and clauses, about which contrary opinions may be entertained. By repealing in general terms all acts and clauses repugnant to the treaty, the business will be turned over to its proper departments, viz. the judicial; and the courts of law will find no difficulty in deciding whether any particular act or clause is or is not contrary to the treaty. Beside, when it is considered that the judges in general are men of character and learning, and feel, as well as know the obligations of office, and the value of reputation, there is no reason to doubt that their conduct and judgment relative to these, as well as other judicial matters, will be wise and upright.
Be pleased, Sir, to lay this letter before the legislature of your state without delay. We flatter ourselves they will concur with us in opinion that candour and justice are as necessary to true policy, as they are to sound morality, and that the most honourable way of delivering ourselves from the embarrassments of mistakes, is fairly to correct and amend them. It certainly is time that all doubts respecting the public faith be removed, and that all questions and differences between us and Great Britain, be amicably and finally settled. The states are informed of the reasons why his Britannic Majesty still continues to occupy the frontier posts, which by the treaty he agreed to evacuate; and we have the strongest assurances an exact compliance with the treaty on our part, shall be followed by a punctual performance of it on the part of Great Britain.
It is important that the several legislatures should,

soon as possible, take these matters into consideration; and we request the favour of you to transmit to us an authenticated copy of such acts, and proceedings of the legislature of your state, as may take place on the subject, and in pursuance of this letter.
By order of Congress.
(Signed)
ARTHUR ST. CLAIR, President.
PHILADELPHIA, June 6.
Extract of a letter from Washington county, Rhode Island, dated May, 1787.
The virtuous part of our little republic, at the late election issued and supported a prox , or printed ticket, consisting, all of LANDHOLDERS, graced by the respectable names of WILLIAM BRADFORD, Esquire, for Governor, and JOHN MALBONE, Esquire, for Deputy Governor. Our exertions were great; we wished to restore our credit among the nations, and still to be thought worthy of a name in the confederate empire. But alas! the glory of Rhode Island is gone! Our opponents, or rather the opponents of every thing that is good, carried their prox , or printed ticket, by a very large majority. His Excellency Captain Collins, is once more Governor, and the Honourable Mr. Owen, blacksmith, Deputy Governor. Our Upper House is a most curious medley of KNOW YE Justices, horse jockies, &c. Their prox was headed by the word "perseverance," an excellent motto, provided we subjoin "in villainy." For since the fall of Adam to the present era, perseverance in villainy, rascality, oppression, cruelty, and devilishness, was never more characteristic of any set of men, than the present rulers of Rhode-Island!
"Pardon my warmth, I feel for my devoted country; at a distance you only HEAR, WE REALIZE! Our widows and orphan children are ruined under the sanction of what these vile men call law! We shall all be ruined unless a miracle is wrought for our deliverance!
"Our Attorney general is one Goodwin; he supplants the patriotic Mr. Channing; General Varnum, Miller, &c. Our delegates to Congress are superseded by such jeniuses as must, if they ever take their places in that august body, sink into base insignificance, among them is Sylvester Gardner, Esquire, a noted KNOW YE Judge; his name, if you ever come across the Rhode-Island newspapers, you may take notice is very famous.
"We fervently wish that the federal convention may take pity on us, and fall upon some spirited measure to rescue us from a group of unprincipled tyrants. It is impossible for our situation to be worse than it now is. We have become a by word among all people, and richly deserve it. --Make what use you please of this letter, and let the good citizens of the middle states know that we are not wholly abandoned. There are yet some among us who dare to think, speak and WRITE. Probably you may hear from me again soon. In the mean time, I am, &c."
June 9. We are informed that the Federal Convention, among other things has resolved that Rhode-Island should be considered as having virtually withdrawn herself from the union, and that the right of emitting paper money by the states jointly or severally, ought to be abrogated. It is proposed in the first case, that for the proportion of the federal debt now due from Rhode Island, she shall be held, and, if gentler means will not do, she shall be compelled to be responsible; but upon no account shall she be restored to her station in the Union. And in the other case, it is proposed to establish a mint for the receipt of Bullion, from which the states are to draw coin, in proportion to their contributions. The Convention has sent to New-York for the last return of the accounts between the individual states and the confederate body.
RHODE ISLAND'S SOLILOQUY.
MILD is my clime, salubrious is my air, My prospect charming, and my females fair; My fertile fields do yield a plenteous store, Enough for my own use and rather more; And yet, alas! I'm in a woful case; For I am covei'd o'er with foul disgrace: I Blush to lift my head before the UNION, For with my sisters I refuse communion---- Alas for me! how dismal is my fate! My free-born sons are so degenerate I fear their party broils will overturn my state.
A V A R I C E.
CAN Avarice give content? the miser view His cares how numerous, and his joys how few See him with brows contracted o'er his store, Wretched with that, yet grasping still for more See him in all the agonies of fear, A picture strong of misery appear; Substantial misery--no words have strength To paint the miser's wretchedness--at length.
SIR, THE following argument comes from the hand of a gentlemen acquainted with affairs of state; and not concerned in the disputes of Kentucky.
It cannot be the interest of this country to separate from Virginia in any point of view, that we can consider it. In time of peace, in case of a separation we should have a greater burthen of taxes than if we remain united. Our proportion of the national debt being fixed on us, in addition to the charges of a separate government, would make our tax greater than if we were only called on to pay the same debt, and a proportion of the charges for the Government of Virginia. Let us not be deceived with what is said as to the small number of officers that would be wanting and the small salaries they would require. Ambition would always carve out offices, and avarice would require large salaries. Nothing can be a fuller proof of this than the salaries that are at present given to our Judges and the allowances made by them to the officers of the court.
Considering us as subject to the attacks of an inveterate and powerful enemy, nothing but madness could induce us to separate from a powerful state. It is true that the distance we live from the other inhabited part of Virginia will generally prevent our receiving assistance in men from her; but there are other supplies as necessary for war that we may draw from that quarter, such as military stores to enable us to carry on an expedition, and the pay for our own provisions which we have consumed in doing of it. If there were any other country that we could be united to, from which we could receive more complete aid in time of distress it would then be a different matter. But voluntarily to relinquish a union from which we derive great benefits (though our situation prevents us from receiving all that we could wish) to put ourselves into a situation where we can promise ourselves no equivalent, cannot be the conduct that ought to be pursued by a people acquainted with their true interest.
The situation of this country is such that we naturally look forward to a contest with the Spaniards either in the cabinet or field. Would we most likely succeed in, either as a separate state or as a part of Virginia? Will not the present opposition to the cession that is asked of our navigation by the Spaniards be more likely to meet with success than if we stood alone and unsupported? These are some of the reasons that ought to induce us to wish to remain united with the state of Virginia. But she has every reason to desire a separation. As soon as that takes place she becomes discharged from a considerable part of her debt and from the defence of her most dangerous frontier; and she will receive all the advantages from our country, without any expence, which she now pays so dearly for. Let any prudent man calculate on the cost of an Indian expedition; let him determine also on the number of them which we shall probably see in our day, and then say whether this country will be able to support the charges of them alone?
The above consideration, Mr. PRINTER I have seriously attended to, and think they may have as great impressions on many of my Countrymen as they have had on me. It seems to me that our great men and common men are both deluded. The great men put me in mind of the proposals which the Giant formerly made to the Dwarf: and the common people resemble the Dog who lost a fine bit of meat by snapping at a shadow! I am Sir, your humble servant.
AN INHABITANT OF KENTUCKE.
LEXINGTON September, 5. ON monday night last a Mr. Schooler at Harri- sons station on Licking creek hearing something in his garden which he supposed to be horses, he went out to see, and an Indian fired at him and missed him, he immediately flew in with the Indian laid hold on his gun which the Indian let go, and made his escape leaving the gun with Schooler.
Sept. 7. On Wednesday last George Mason, with Glascoc, came over Licking from the Salt-works in order to cut and draw wood, two Indians crawled within ten steps and fired on Mason, both the shot wounded him of which he died that night. They got some horses in the neighbourhood and went off.
A FRESH CARGO
Just opening for Sale in LEXINGTON by THOMAS JANUARY, Consisting of a Compleat Assortment of DRY GOODS: Also, COFFEE, TEA, LOAF SUGAR, RAISINS, JAMAICA SPIRITS, WINE, LIME JUICE, &c. &c. &c. Which he means to dispose of very cheap for CASH.
Fayette, September 5 1787. ALL persons who have plots and certificates in the surveyors office of Fayette, are desired to apply personally, or by their agents for them. All those who fail to apply as above, may expect I shall take the most speedy methods of recovering my fees on such surveys. Those who have open accounts are desired to settle, and discharge them or close them by giving some specialty for payment to their Humble servant.
THOMAS MARSHALL late surveyor of Fayette.
Fayette, September 6, 1787. STRAYED FROM the subscriber living near Lexington, last week, a Sorrel Mare, with the pole-evel, branded with G on the near buttock, with a small notch in one ear. Whoever secures said mare that the owner may get her again shall be well rewarded by ADAM RANKIN.
Fayette August 30. 1787. NOTICE is hereby given that the subscriber lately from Ireland now carries on his business of spinning wheel making at the house of John Maxwell near Lexington where wheels of every construction may be had for cash or country produce, and that on the shortest notice. All those that will please to favour him with their custom it will be greatly acknowledged by their Humble servant. JOHN ALLISON
Danville, August: 24, 1787. THE public are cautioned against taking assignments of two bonds I gave Mr. Maurice Nagle, of Danville, the first for £200 due next July, the other £210 due July 1789, as I will not pay them until said Mr. Nagle discharges some debts of consequence which I am liable to pay upon his account. On the first of these bonds there is paid £130 5 7, Virginia Currency, SAMUEL IRWIN
Aug. 23, 1787. TWO DOLLARS REWARD STRAYED or Stolen from the plantation of William Stevenon (near the surveyors office) a large bay horse, seven years old about four feet eleven inches high, has a small star, one white foot, and some saddle marks, branded on the near buttock B L, paces and trots. Whoever takes up said horse, and secures him so that I get him shall receive the above reward. JOHN LITTLE wheel right, near Lexington.
LEXINGTON, September 7, 1787. The following blanks are for sale at this Printing Office viz. Writs, Subpœnas, Arbitration Bonds, Apprentices Indentures, Deeds, on paper or parchment, Summonses, &c.