The Kentucky gazette (Lexington [Ky.]), 1795-12-05 00:00:00

KENTUCKY GAZETTE.
[NUMB. XII.]
S A T U R D A Y, DECEMBER 5, 1795.
[VOL. IX.]
Wanted to Purchase,
By the subscriber,
A QUANTITY of good clean Barley, old Wheat and Rye, also a quantity of Hops, for which a generous price, will be paid in Cash, when delivered at the Brewery in this place, known by the name of major Short's Brewery.
JOHN HOLMES, jun. Lexington, Aug. 31, 1795.
NOTICE.
To all the good people of this place as well as those who may frequent the same,
THAT I have the pleasure of informing them of opening a BAKE-SHOP in the house of Mr. Benj. S. Cox, near the corner of Main and Cross streets, formerly occupied by Isaac Ware, where they may be supplied with BREAD, CAKES and BEER, as well as Biscuits for travellers, at the shortest notice, equal to any in this state, by their most obedient humble servant.
GEO. A. WEAVER. Lexington, Oct. 5, 1795.
FOR SALE,
Five Hundred acres
LAND
LYING near the head of Cedar creek, about fourteen mile below Frankfort, any person inclined to purchase, may be informed of the quality and situation of the land by applying to Colonel William Steel of Woodford, or Mr. William Stafford of Fayette.—my price is one hundred pounds.
Eli Cleveland.
December 1. *gw
FOR SALE,
Two or three HOUSES and LOTS,
In the Town of CYNTHIANA, situated on Main street and water street; either of them are an excellent stand for a store or tavern, one of them has been used as a tavern, and furnished with a stable and several other conveniences, and convenient to water; another large house not quite finished; the other is at present occupied as a store, and pretty well finished. The whole will be sold together or separate to fit the purchasers, who may apply for terms to the subscriber on the premises.
W. Coleman.
November 23, 1795.
I hereby forewarn all persons from taking an assignment on a bond, given by me, with John M'Dowell security, to William Hoghead, for the sum of fifty pounds, dated in October last, and payable on demand. My reasons for advertising this bond is, because the negro which I purchased of said Hoghead is disordered, and not agreeable to his bill of sale,
JOHN GORHAM.
November 30. *4w
TAKEN up by the subscriber, living about one mile below Lexington, on the Frankfort road, a sorrel mare colt, one year old last spring, with a blaze face, thirteen hands high, no brand, a natural trotter, appraised to six pounds.
John M'Connell.
October 3.
The subscriber has FOR SALE, A QUANTITY OF
EXCELLENT VINEGAR:
Which he will sell by the barrel or gallon.
Jacob Kiefer, Distiller.
Lexington, October 24. tf
ALL those indebted to the subscribers, by bond, note or book account, are earnestly requested to discharge them on or before the 20th of December next. Those who do not avail themselves of this notice, may expect the next to be a legal one.
Alex. & Jas. Parker.
FOR SALE, A Valuable Tract of LAND,
Adjoining the Town Lots of LEXINGTON;
CONTAINING 200 acres; the whole of it inclosed; about sixty acres well cleared and under good fence; fifteen acres of which is excellent Timothy Meadow, with a fine stream of water running through it, and a never failing spring; a Peach and Apple orchard. For terms apply to ALEX. & JAMES PARKER, in Lexington.
FOR SALE, A tract of LAND,
Containing about thirty acres, lying within one quarter of a mile of Lexington. Also Two LOTS, Lying on High street, on which is an excellent dwelling house of hewed logs, with a stone chimney, and conveniently laid off into apartments, a good kitchen and out buildings.—For terms apply to ALEXANDER & JAMES PARKER of Lexington.
A QUANTITY OF PORK WANTED
On the Foot. For which a generous Price will be given in Cash and Merchandize, by Alex. & Jas. Parker. Lexington, November 9.
TAKEN up by the subscriber living in Clarke county, on upper Harrod's creek a sorrel Horse with a blaze face, 13 hands 3 inches high, 9 years old, has crop off the left ear, branded on the near shoulder and buttock with a stirrup iron, a scar on his dear cushion, the left hind foot white. Some saddle spots, natural pacer, appraised to £7.
Ben. Dunaway.
October 24. *gw
CASH will be given
FOR A NEGRO BOY & GIRL, Of good character. The Boy between fifteen and twenty years old, and the girl between ten and fifteen.—Enquire of the Printer hereof.
Lexington, August 17.
THE PRINTER OF THIS PAPER, HAS FOR SALE, A few Copies of SERMONS, Addressed to Youth.
By the Rev. J. TOULMIN, D.D. Minister of the Baptist Church at Taunton in Great Britain. (Price one dollar and a quarter.) Likewise, single Sermons and Charges, by the same author.
JUST PUBLISHED, AND FOR SALE AT THIS OFFICE, By the Gross, Dozen, or Single, THE KENTUCKY ALMANAC, For the Year 1796. Containing. (Amongst other things common to Almanacs,) a short treatise on the culture of the Vine in America.
ROBERT GALLOWAY, Has JUST RECEIVED, and is NOW OPENING, at Hugh Shannon's Mill, on South Elkhorn, A Large and General Assortment of
MERCHANDIZE;
WHICH he will dispose of on reasonable terms for Cash, Whiskey, Pork, Wheat, Corn or Hog's Lard.
December 3. Will be exposed to Sale at PUBLIC VENDUE, On my Plantation in Woodford county, on the 15th day of December next, Sixteen head of HORSES; (Viz.)
MARES, Colts, Geldings, and Mules of best blood. Twelve months credit will be given, and good security will be required by Semeon Buford. November 15.
THOMAS HART & SON, Have Just Received, and are now opening, An EXTENSIVE and GENERAL Assortment of
MERCHANDIZE,
Which they will sell LOW by Whole Sale or Retail. They have also a large assortment of Boulting Cloths & Copper, Which they will sell at a more reduced price than they have ever been sold at in this country.
FOR SALE,
The following tracts of LAND, (Viz.)
TWO thousand acres on Salt river, twelve miles above Buller's lick, Jefferson county. Five hundred acres on Cedar creek, Nelson.
Two hundred do. do. Two hundred do. do. Two hundred do. near Buller's licks.
Two hundred and fifty do. on Hay's fork of Silver creek, Madison.
Three hundred and forty-eight and two thirds do. near the mouth of Green river.
Five hundred do. on Cabbins creek, six miles above Limestone, near the Ohio.
Three hundred and fifty do. five miles East of Lexington, on North Elkhorn, Fayette; with an improvement of forty acres cleared land, a dwelling house twenty-four by eighteen, of hewed logs, a kitchen eighteen by sixteen, of do. and some cabbins, cribs &c. about four acres planted with peach trees, a hundred and odd apple trees, and some meadow. The terms of said lands will be made known by applying to the subscriber living on the last mentioned tract.
William Porter jun.
P. S. I have also for sale, four or five head of HORSES, amongst which is a full bred Stud Horse, of an elegant form, upwards of fifteen hands high.
3w||6 W. P.
STRAYED or STOLEN from the subscriber living in Lexington, on Wednesday night, a likely black MARE, about four feet nine or ten inches high, six years old, with a bit cut out of her left ear, her left hind foot white, branded on her left shoulder nearly thus some saddle spots, shod all round, some white hairs in her forehead. Whoever will deliver the above described Mare to the subscriber, shall be handsomely rewarded for their trouble.
Richard Terrell.
Lexington, November 13. 3w
Notice.
THAT commissioners will attend the first Monday in January 1796, at my house, on the bank of the Ohio in Mason county; to perpetrate certain testimony respecting a preemption of 1000 acres, granted in my name; and do such other act or thing, as shall be judged necessary, and according to law.
Ignatius Mitchel.
November 16. 3w
TAKEN up by the subscriber, on Stoner, Bourbon county, a bay Mare, five years old, fourteen hands high, a star and snip the two near feet white; appraised to 10l.
Edmund Mountjoy.
March 17. ||
BAIRD AND OWEN, AT THEIR NEW STORE,
NEXT door to Mr. M'Nair's tavern, and nearly opposite the court house, have just received, and are now opening, a large and general assortment of MERCHANDIZE, suited to the season, which they will sell whole sale and retail on their usual low terms. They return thanks to their friends for the encouragement they have experienced; and beg leave to inform them that they have removed their Store from the lower end of Main and Cross Streets, where they first opened, to the place, mentioned above, where they intend conducting their business in the same manner they have done heretofore; and as they expect their customers require no other recommendation, they request a call from the public, who, they presume, will be equally pleased with their mode of dealing. tf
24 Dollars Reward.
STOLEN from my pasture in Knoxville on the night of the 4th July last, two elegant bright bay geldings, about 14-2 hands high, one a little larger than the other they are the property of William C. Clayborn attorney at law; who has been informed that said horses have been sold in Madison county Kentucky, by a certain Love Snowden, who has been since killed on the cumberland mountain. The above reward with reasonable charges will be given to any persons who will deliver said horses to me in Knoxville, or 12 dollars for such information given to Samuel M'Daniel of Harrodsburg Kentucky, or to me, as will enable either of us to find said horses.
John Stone.
November 12, 3w

To the GENERAL ASSEMBLY now sitting in Frankfort. GENTLEMEN:
FROM taking a review of the conduct of the General Assembly of this State, last year, and the party spirit that seemingly prevailed, which prevented the most salutary laws, that could be proposed from taking effect, with many jarring strings of discord, which prevented their doing much good, or answering the expectations of a free people; I flattered myself that the present session would be conducted with that harmony, love and good will, which ought to reign predominant amongst the representatives of all free states; but to my great astonishment I found on the fourth day of their session, a resolution was introduced in the house of Representatives on a constitutional question, to exclude the justices of the court Quarter Sessions from holding a seat in that house. (After they had withdrawn) It passed in the affirmative by a small majority. O happy country! that have men who can see clearly every clause of the constitution, and put all right that other Assemblies have erred in, for almost four years. Happy people! that your constitution makes lawyers eligible to a seat in the Assembly. They can split the constitution to a hair's breadth. They cannot see the rights of the people infringed upon. They can construe the constitution to fit any thing they please. But unhappy for us, they are not all perfection. When they were about to purge the house of dross, why did they not turn their eyes to the hundred and nineteenth page of the revised code of Virginia laws, and see if Gamblers have a right by to their seats, and also view if the state's attorneys of the several counties are eligible, and not rack their brains in making deep researches into the constitution and construe it different from nine tenths of the people who have the right of suffrage, when the question was carried in the affirmative and you thought your members too few to proceed to business, as several counties were not represented, could you not have adjourned for a short time, and not to have drawn large sums of money from our treasury, to support a few members of both houses, with a train of officers, all doing nothing for twelve days, until new elections should take place. Is not this worse than gambling, where there is no chance to win—this I conceive to be sporting with the public money—putting your hands deep into their pockets without answering one good purpose. It has been a matter of dispute, whether those members were eligible. At any rate, as they were the free choice of the electors of the several counties, was there any danger to be feared from them; from men whose interests were similar to the majority of the electors. If you thought that there was danger in the power that was vested in them, could you not at the close of the session have called them by law judges, or done something that would have excluded them from a seat hereafter, without expending near one thousand dollars of public money, drawn by your laws in equal proportion from the poor as well as the rich.
A SPECTATOR.
LONDON, Sept. 5. It is confidently reported that an insurrection has taken place at Madrid; and that the king and queen have absconded.
PHILADELPHIA, September 21. Germantown, September 19.
SIR, According to the course of the mail, the original of the enclosed letter must have been delivered last night to the President of the United States. I request you there-
fore, to publish it in your paper of this day.
I am, sir, Your most obt. servant, EDM. RANDOLPH. Mr. A. Brown, Editor of the Philadelphia Gazette.
Germantown, Sept. 15.
SIR, In my letter of the 19th ult. I informed you of my purpose to overtake M. Fauchet if possible. I accordingly went to Newport in Rhode Island; where I had an interview with him. The abrupt and unexpected sailing of the frigate Medusa, on the morning of the day after I arrived there, had nearly deprived me of the object of my journey. But I trust I am in possession of such materials, not only from M. Fauchet, but also from other sources, as will convince every unprejudiced mind, that my resignation was dictated by reasons which ought not to have been resisted for a moment; and that every thing connected with it, stands upon a footing perfectly honorable to myself.
Having passed through New York on my return, I am under the necessity of remaining at the distance of five miles from Philadelphia until Saturday next. This circumstance prevents me from immediately consulting my private
SIR, The letter, of which the enclosed is an extract, relates principally to the requisition of a particular paper. My only view at present is, to shew to my fellow citizens what is the state of my vindication.
I am, sir, Your humble servant, EDM. RANDOLPH. Mr. Andrew Brown, Editor of the Philadelphia Gazette.
Extract of a letter from Edmund Randolph, to the President of the United States, dated October 8, 1795.
"You must be sensible sir, that I am unavoidably driven into the discussion of many confidential & delicate points. I could with safety immediately appeal to the people of the United States, who can be of no party, but I shall wait for your answer to this letter, so far as it respects the paper desired, before I forward to you my general letter, which is delayed for no other cause. I shall also say, that any supposed error in the general letter, in regard to facts, will be made known to me, that I may correct it, if necessary; and that you will consent to the whole of the affair, howsoever confidential and delicate, being exhibited to the world. At the same time, I prescribe to myself the condition, not to mingle any thing which I do not sincerely believe to belong to the subject."
BALTIMORE, October 24. We are assured, that a circular letter of Mr. Randolph is in the hands of some respectable characters in this town, preceding the so much talked of Declaration from the late French minister, Fauchet sent Mr. Randolph from on board the Medusa frigate, and certified to be a genuine copy by the present minister, Adet—And that said letter contained the most unequivocal exoneration of any charged a-
gainst Mr. R. of having accepted a bribe from the French Republic. We hope in a short time to be able to publish this interesting declaration before our readers.
FREDERICKTOWN, October 22. Extract of a letter from a gentleman in Savannah, to the Editor of this paper, dated October 4, 1795.
"The negroes are very troublesome here: a few days ago, the whole of the militia were ordered under arms to suppress a numerous collection. What will be the consequence we know not, but expect the result to be dreadful."
PITTSBURGH, November 14. Tuesday, 3d inst. a Pardon passed the seal of the United States for VOGEL and MITCHELL, the two persons under sentence of death for high treason—pursuant thereto, they were liberated from prison.
Lexington, December 5. Epitomised view of Europe. It is supposed that all prospects of peace between France and England is vanished. This event has been predicted by men of extensive information, upon a view of the late arrangements in the cabinets of Europe.
The late conquests of the French have evidently alarmed the great power, whose rival jealousy seems to be plotting new confederacies to counter-act or counter-balance the augmented powers of France. This is the origin of a new and closer alliance between England, Russia, and Austria. It seems to be nearly settled that the states of Europe will arrange themselves under two grand leagues or confederacies. At the head of one will be Russia, Austria and Great-Britain, & the southern circles of Germany.
To counteract this league the Ottoman Porte will combine with France and Prussia. The Netherlands are all under the dominion in fact, of France, as is Geneva. The kingdoms of Sweden and Denmark from their jealousy of Russia and England will be in alliance with France, and Prussia and Hanover, in aversion to the yoke of England, will put herself under the same league and probably all the northern states of Germany. The Italian states will endeavour to preserve their independence by neutrality, but must be the sport of the intrigues perhaps of alternate conduct, of both parties. Unfortunate Poland will remain a bone of contention between Russia Austria, and Prussia.
That Europe is taking a complexion of this kind, is a fact well supported by our latest intelligence. How far the enemies of France extend their views, does not appear.
That all the Princes of Europe with to extirpate republicanism from their neighbourhood, may be considered as certain; but it is equally certain that opinions are not to be conquered by armies; and France will never be conquered unless by her own factions.
AUTHENTIC.
A Peace is made between the Emperor of Morocco and the United States.—Also, between the Dey Algiers and the U. States. Captain O'Brian is arrived at Malaga with the news.
Statement of COINS made at the MINT of the United States. COPPER—To April 30, 1794. 116,634 Half Cents: 908,012 Cents—equal to 9664 Dollars and 79 Cents. SILVER—From Oct. 15, 1794, to June 29, 1795. 68,169 Dollars; 223,144 Half Dollars; 20,156 Half Dimes—equal to 230,783 Dollars and 80 Cents. From July 1, to October 24 1795. 136,622 *Dollars; 31,660 *Half Dimes—equal to 138,205 Dollars. GOLD—From July 31, to October 24 1795.
1,884 Eagles; 8,707 Half Eagles—equal to 62,375 Dollars. Total 411,028 Dollars 59 Cents.
* Of these 78,278 Dollars were coined between the 1st and 24th October 1795; as well as 26,660 Half Dimes, each of which costs as much time and labor in preparing for the presses, as the largest silver coins.
APPOINTMENT.
Elias Boudinot, Director of the Mint, vice Henry William De Saufure, resigned.
Youth will always put age out of countenance in beauty, as age will youth in wisdom.
For more news, &c. see Gazette extra.
A Publication of Mr. Levi Todd's in Mr. Stewart's paper of the 1st December, requires some time to procure proofs and certificates as well as public documents, to confute his assertions, which shall be laid before the public in a short time.
THOMAS IRWIN. Mansfield, 4th December, 1795, it
TAKEN up by the subscriber, in Lincoln county, on Dicks river, about two miles below the mouth of the Rush branch, an iron gray horse, about thirteen hands one inch high, three years old last spring, large saddle spots on both sides of his back, and fresh fores on both his sides occasioned by carrying salt, branded on the near thigh something like 94, the near side of his main has been cut, and his tail long bobbed, a natural pacer; appraised, to 51.
Leonard Hall.
December 2,
Notice
IS hereby given to all whom it may concern, that, pursuant to an act of assembly for ascertaining the boundaries of land and for other purposes; I have obtained an order of the county ct. of Bourbon county, and commissioners are appointed, who will meet on Tuesday the 22d of December next, to take depositions in order to ascertain and perpetuate an improvement made by William Hall near a spring, on the east side of a small branch that empties into the waters of Licking, in a preemption of 400 acres granted to Edward Hall heir to William, and by him assigned to Higgerfon Grubbs, who entered it and another preemption of 400 acres adjoining, granted to Thomas Hall, in the surveyor's office, May 30, 1780.
GEORGE M'COWN. November 25, 1795.
Notice
IS hereby given to all persons whom it may concern, that commissioners are appointed by the county court of Bourbon, under an act of Assembly entitled "An act to establish the boundaries of lands, and for other purposes," who will meet on the twenty-second day of december next, for the purpose of taking the depositions of witnesses, to ascertain and establish a certain improvement made for Jesse Hodges, of a settlement and preemption of fourteen hundred acres; which improvement lies on Strode's creek one mile below Hornbeck's mill—the said settlement and preemption was patented in the name of Ralph Morgan; and part of the said land was transferred by deeds of conveyance to James Beeth, Samuel M'Cray, Joseph Hodges, James Strode and James Anderson, of Bourbon county, by said Morgan. The Commissioners will meet on the day appointed at said Hodge's improvement.
RALPH MORGAN. JAMES BEETH.
October 26, 1795.

JUST OPENED, AND NOW FOR SALE, BY THE SUBSCRIBER, At his APOTHECARY'S SHOP, near the Stray Pen, A LARGE AND GENERAL ASSORTMENT OF  DRUGS. ALSO, A QUANTITY OF  PATENT MEDICINES.
VIZ:    British oil  Mustard    Turlington's balm  Spirits of turpentine    Baceman's drops  Aqua Fortis    Imperial essence  Arnica    Dally's carminative  Litharge    Ryan's sugar plumbs  Antimony    Hooper's pills  Prussian blue    Anderson's do.  Indigo    Essence of lemon  Allum    burgamot  Pepper    Anchovies  Allspice    Stouton's bitters  Cloves    Rose water  Mace    Milk of roses  Blue and white vitriol    Carap  Breast pipes    Best olive oil  Urinals    Verdigris  Syringes    Tooth opiate  Fly stone    Smelling bottles  Gold leaf    Tamarinds  Oil turpentine    Almonds  Yellow ochre    Liquorice ball  Castle soap    Red lead  Windsor do.    White do.  Wash balls    Whiting  Tooth brushes     Black ball, &c.  
WANTED, A quantity of CORN, for which CASH will be paid on delivery. AND CALLA.
TAKEN up by the subscriber, on the head of Boone's creek in Fayette county, two sorrel horse colts, the one has a star in his face, poled and appraised to six pounds. The other came a stud, poled and appraised to 7l.
John Whitesides.  TO BE SOLD—
One hundred acres of LAND, WITH a never failing spring, within two miles and a half of Lexington; twenty-five acres cleared, eleven for twelve of which are in clover, blue grass and timothy, also several convenient houses—The title indisputable. Apply to ALEXANDER & JAMES PARKER. Lexington, September 2.
NOTICE.
THE Co-partnership of SEITZ & LAUMAN, is this day dissolved by mutual consent. All those who have any demands against said firm are requested to bring in their accounts for settlement without delay; and those who are indebted to them, by bond, note or book account, are desired to make immediate payment to the subscribers, otherwise they will be under the disagreeable necessity to compel payment in a legal way.
John A. Seitz. Fred. Lauman.
Lexington, October 4.
N. B. They have on hand a large and general assortment of MERCHANDIZE, which they will sell low for Cash or a short credit, by whole sale.
NOTICE is hereby given to all whom it may concern, that Commissioners appointed in conformity with an act of Assembly of the State of Kentucky, entitled, "An act to ascertain the boundaries of lands and for other purposes," will meet on the land of Thomas Williams, on the big west fork of Lawrence's creek in the county of Mason, on the eleventh day of December next ensuing, to perpetuate testimony respecting the improvement whereon said Williams's claim was laid, and proceed to ascertain the boundaries and certain special calls in two entries of one thousand acres each on treasury warrants, in the name of John Williams, on Lee's creek, which are annexed to entries that depend on said Thomas Williams.
FULLING MILLS.
JOHN TODD
INFORMS the public, that he has employed JOHN M C MILLIN, FULLER and DYER, from a Northern State, to carry on the above business in its different branches, branches, on the Kentucky river, near Todd's Ferry; and hopes from a constant attention to merit the favor of those who may employ him.
*** He also dyes Greens, Blues, Claret, Pompadore, &c. &c. 1w tf November 16.
WILLIAM SCOTT, FULLER.
RESPECTFULLY informs his friends and the public, that he carries on the
Fulling & Dying Business.
In its various branches, On the Town Fork, within six miles of Lexington; where all those who will favor him with their custom, may depend on the strictest care and dispatch. He will also attend at Mells. Trotter and Scott's store in Lexington, the second Tuesday in every month.
*** He dyes Bottle Green, Blue, &c. &c. 113tf November 16.
WILLIAM ALLISON, FULLER AND DYER,
RESPECTFULLY informs his friends and the public in general, that he still continues to carry on the Fulling and Dying Business, at the Fulling mill on South Elkhorn, between John Parker's mill and Lewis Craig's old mill, and still continues to receive cloth at capt. Henry Marshall's tavern in Lexington every first day of Fayette court, and return them there when done. Likewise at capt. Sharp's in Woodford every first day of Woodford court. Those who chuse to favor him with their custom may depend on having their work done in the best manner, and as expeditious as the nature of the business will admit. It will be carried on very rapidly, as there is three hands constantly at work.
NICHOLAS BRIGHT, BOOT AND SHOE-MAKER, INFORMS his friends and the public, that he has opened shop at the corner of Short and Upper streets, and opposite Mr. Morrison's store, in Lexington: where he carries on the above business in all its various branches. Those who please to favour him with their custom, may depend on having their work done in the neatest and best manner, and on the shortest notice. November 16.
LANDS FOR SALE.
I HAVE for sale, some very valuable Lands, in the counties of Clarke, Bourbon & Fayette, which I will sell low for Cash, young Negroes and good Horses; as they are all either military claims, or settlements and preemptions, indisputable titles will be made with good securities. Any person wishing to purchase, may, on paying half down, have credit for one or two years for the balance—apply for further particulars to the subscriber at Winchester, Clarke court house.
JAMES COLLINS.
*** I have just furnished my shop with a new assortment of  MEDICINE. Where I practice as usual, Surgery and Phisic. J.C. 3tf November 14, 1795.
BEING unavoidably prevented from attending the sale of the LANDS of EDMUND LYNE deceased, &c. at Frankfort, on the nineteenth instant, agreeably to advertisement; I shall attend at Mr. Weisiger's tavern, on the eleventh of December, where the same will be sold agreeably to the former Advertisement. WM STARLING.
To all to whom it may concern, be it known, that,
WHEREAS there was a certificate granted to John Fields by the Commissioners, for a preemption of 1000 acres of land, which was improved in May 1776, and surveyed and patented in his name, which has since been conveyed by deed in fee simple to me who has since obtained an order from the county court of Bourbon, appointing Commissioners, agreeable to an act entitled "An act to ascertain the boundaries of land and for other purposes," to establish the beginning of said survey, it being a large Buckeye on the bank of the south fork of Licking, about half a mile below the mouth of the Rocky Ford fork. The said Commissioners will meet on the fifteenth day of December next, to take the depositions of witnesses to that effect; at which time and place I shall attend.
JOHN ROBERTS. November 2, 1795. †
NOTICE , to whom it may concern. This is to forewarn any person or persons from purchasing of James Winn, of Jefferson county, a tract of LAND on little Sandy, about thirty-four thousand acres, which I located for him on equal shares; and have his bond for the performance of the same. The above lands were located in October 1683, and part of it runs over the Ohio.
Simon Kenton. November 12. 113
FOR SALE, Two Hundred and Fifty Acres of LAND,
WITHIN two miles of Lexington, on the road leading to Georgetown; about fifteen acres cleared, well timbered, and a never failing spring. For terms apply to the subscriber living on the premises.
Robert Wallace. November 19. tf
The valuable tract of  LAND,
Containing about six hundred acres, WHEREON I now live, on Boone's creek, in Fayette County, which I advertised for sale in the Kentucky Gazette, & in the Kentucky Herald in August last, is yet FOR SALE on the terms therein mentioned; or I will exchange it in the whole or in part for lands lying within fifteen miles of the mouth of Licking. I have also another tract of about three hundred and sixty acres of first rate LAND, whereon is two plantations lying within the neighbourhood of the above; which I will dispose of on the aforesaid terms. C. MORGAN. November 14. 3w
FOUND in Lexington,
On the 12th instant, A double skirted SADDLE.
ALSO, A red Morocco POCKET BOOK, supposed from the papers in it, to belong to NICHOLAS LEE. The owner may have them by applying at this Office, proving property, & paying charges.
GEORGE ADAMS, BOOT & SHOE-MAKER,
BEGS leave to inform his friends and the public in general, that he carries on the above business in all its various branches in the house next door below where he formerly lived, on Main street, in Lexington; where those who please to favor him with their custom, may depend on having their work done in the neatest and best manner and on the shortest notice. Ladies may have silk and stuff shoes and slippers made as neat and as well as those imported. tf November 4.
BLANK DEEDS, —On parchment or paper— For sale at the Office of the Kentucky Gazette.
NOTICE is hereby given, that David Standiford, Abraham Owens and Isham Talbot, commissioners appointed by Shelby county will attend Drennon's lick the fifteenth of December next, to take the depositions of certain witnesses to ascertain the boundaries of an entry of a nine thousand acre survey made in the name of Jesse Taylor, on the west side of Drennon's lick, on the head waters of little Kentucky and Mill creek, and to do such other things as therein may be deemed necessary. HARRISON TAYLOR, Attorney in fact for JESSE TAYLOR. November 19, 1795. ||
PORK WANTED.
30,000 WEIGHT CORN FED PORK,
FOR which I will give the highest market price when delivered, two thirds in Cash, the residue in Goods. Also a quantity of well cleaned Hemp, Tow-Linen, Butter, Country Sugar Corn and Flax Seed. I will receive either of the above specified articles in discharge of book accounts. J. MORRISON.
N. B. I will dispose of my Goods now on hand, at a moderate advance, by wholesale or retail; consisting of a handsome assortment, well suited to the season. J. M.
GENEROUS WAGES
WILL be given for able-bodied NEGRO MEN, to work at the Iron Works on Slate, where they will receive good treatment. Apply to Mr. John Breckinridge, or to the subscriber. tf JOHN C. OWENS.
Lincoln county (to wit)  WILLIAM Patton Gent. returned that Claver Harral hath brought in from the Wilderness, a dark brown mare, with blaze in her face, one hind foot white, trots natural, about seven or eight years old, about four feet eight or nine inches high no perceivable brand; appraised to 9l. Willis Green. July 21. †
Last Notice.
ALL those indebted to the subscriber, are requested to pay off their respective balances on or before the 25 day of December next, those who fail to avail themselves of this notice, may depend that their accounts will, after that date, be put into the hands of proper officers to collect, without discrimination. Jacob Claar.
The subscribers, EARNESTLY request all those indebted to them to call and discharge their respective accounts, on or before the tenth day of December next. Those who fail to pay proper attention to this notice, may expect to have legal application. Boggs & Anderson. November 19.
WANTED TO PURCHASE, A QUANTITY OF
TALLOW; For which a generous price will be given in Cash and Merchandize. 4t B. & A.
The Subscriber having begun manufacturing
CORDAGE, Warts a quantity of GOOD WELL CLEANED  HEMP,
(As no other kind will be received) FOR which he will pay a GENEROUS PRICE in Cash and MERCHANDIZE, in the stores of THOMAS HART & SON, or SAMUEL PRICE & Co.
Thomas Hart. July 10. A Few Fowneymen Rope-Makers Will meet with encouragement by applying as above. tf

STOLEN
ON the night of the 14th instant from the plantation of Mr. Joshua Taylor , about two miles from Frankfort, a likely bright bay MARE, about nine years old, nearly fourteen hands and a half high, fine made, blaze face, black mane and tail, trots natural, branded on the near shoulder BOON. Any person delivering said mare to the subscriber in Frankfort, shall receive a Reward of EIGHT DOLLARS, and all reasonable charges.
Isaac E. Gano.
November 18.
N. B. Persons employed in purchasing Pack-horses are requested to secure her if offered for sale, and detect the person offering her.
WILLIAM WEST,
At his STORE, at the back of the Court House,
HAS OPENED FOR SALE, On very low terms,
A Handsome Assortment of MERCHANDIZE,
AMONGST WHICH ARE SUPERFINE, and second Cloths and Cassimers, plain and elastic Coatings, Flannels, Baize, Plains and Cardinals, striped and rose Blankets, and Coverlids.
Corn, Rye, Oats, Brandy, Whiskey, Pork, Butter, Cheese, and bleached Country made Linens, will be received in payment.
Lexington, November 21.
WANTED,
TWENTY TENANTS, To seat a tract of LAND, lying within six miles of Lexington, to whom beneficial Leases for seven or fourteen years will be given by
John Breckinridge.
November 10.
STRAID from the subscriber, living near Parker's mill, a pair of dark brown OXEN: one with a white face, marked with an under-keel in each ear. Any person that will deliver them at his house shall receive five dollars reward.
WM. STRESALY.
I wish to purchase a quantity of PORT W. S.
TAKEN up by the subscriber, one mile and a half from Miller's mills, Bourbon county a brown horse, about 12 years old, 12 hands high, shod before, no brand perceivable, appraised to 10l.
Edward Orton.
April 24.
WHEREAS I gave John Coffman my obligation to make him a deed to a certain tract of land, containing three hundred acres, lying and being in Lincoln county, on Green River, about four miles below the Pine Lick; as I have purchased said land and made full satisfaction for the same, I will not make a deed to any person whatever for said land: the aforesaid obligation was given in May 1784.
Christopher Rife
November 23.
TAKEN up by the subscriber living in Franklin County, on a branch of Bailey's run, about three miles from Thomas Lillard's a dark bay mare and mare colt, the mare is branded on the near shoulder, and on the buttock T, adjudged to be thirteen or fourteen years old, has a number of saddle spots, about about 14 hands high, the colt has a blaze face and three white feet, both appraised to 10l.
Also an iron gray filly 2 years old, about 14 hands high, her near hind foot white, branded on the near side of the rump TB in a piece, has some halter marks: Appraised to 12l.
THOMPSON SMITH.
August 15
FIFTY TENANTS WANTED,
ON a tract of LAND in Jefferson county, lately leased of the Transylvania Seminary. It is most eligibly situated, on the Ohio and Harrod's creek, at the distance of about eight miles above the Falls. The land is of the first quality, well watered and covered with the most luxuriant cane. The Beargrass settlements are within between two and three miles of it, and other settlements are forming on every side. There are good mills in the neighborhood, and it is intended to erect one very convenient to the settlers.
The land will be divided into tracts suiting the convenience of the Tenants, and will be let for seven years, on either of the two following terms:
1. The Tenants shall have the land they clear, rent free for five years, and pay two dollars or four bushels of wheat per acre, for each of the two remaining years.
2. Rent free three years, and half a dollar per acre for the fourth year, three quarters for the fifth, one dollar for the sixth, and one dollar and a quarter for the seventh.
Further particulars may be had by enquiring at the store of THOMAS HART & SON, or of SAMUEL PRICE & Co. in Lexington, or of the Agent Mr. WOODROW, now on the land.
November 2.
Public Notice.
AGREEABLE to an order of the County court of Bourbon, and agreeable to an act of assembly, in that case made; I shall proceed to take such depositions as I may think fit, on the 10 day of December, next ensuing, for establishing the entry and boundary of 200 acres of land, on a branch of Hingston, a little below flat lick, included an ash tree marked SB, at a speing,
*3w
Stephen Boyle.
Woodford County, set.
To all Sheriffs, Mayors, Bailiffs, Constables, and Headboroughs, within the Commonwealth of KENTUCKY:
WHEREAS complaint is this day made to me, that William Burditt, labourer, who was lately committed to the jail of the said county of Woodford, on suspicion of horse stealing; did, on the night of the twenty-seventh inst. forcibly escape from the said jail, and is now going at large: These are therefore, in the name of the commonwealth, to require you, and every of you, in your respective counties, towns, and precincts to make diligent search by way of hue and cry, for the said William Burditt, and him having found to seize and retake, and safely convey, or cause him to be safely conveyed, to the jail of the county of Woodford, there to be kept until he shall be thence discharged by due course of law. Given under my and seal this hand twenty-eighth day of October, 1795, in the year of our foundation.
JOHN CRITTENDEN. [L.S.]
William Burditt is about thirty years of age, five feet seven or eight inches high, with a dwn look.
Taken up by the subscriber, near the Big Bone Lick, a dark sorrel mare, better than fourteen hands high, rising four years old, a natural white mark on her back, branded IL all round, appraised to 15l.
William Tindal.
TAKEN up by the subscriber, in Fayette county little north fork of Elkhorn, a black filly, one year old, last spring, a blaze face, hind feet white, branded on the near buttock R, natural trotter, appraised to 21. 10s.
John Ryley.
December 9, 1794.
NOTICE.
THE Copartnership of ELISHA WINTERS & Co. will expire on the first day of December next. All persons having any demands, are hereby requested to call without delay; and those who are indebted to make immediate payment, particularly those who have engaged produce, as none can be received after the said first day of December (unless under a particular engagement;) and as the subscriber expects to leave this country soon after the expiration of the said copartnership, he will be under the disagreeable necessity of leaving all their bonds, notes and book accounts in the hands of a proper officer for collection.
Elisha Winters.
Lexington, Octobe 22.
Notice.
APRIL 9, 1783, John Halley enters four hundred acres of land on a certificate obtained from the court of Fayette county, for settlement December 11, 1782, to include an improvement made by said Halley in the year 1777, between the south fork of Elkhorn and Kentucky. As I am immediately interested respecting the claim to the said land, all persons whom it may concern are desired to take notice, that commissioners are appointed by the county court of Woodford, to take such measures for perpetuating testimony as the act of assembly directs—and that I shall attend with the said commissioners on Monday the 28th of this instant at a sinkhole spring, on the said land lying on the East side of Glen's creek, to take depositions of sundry witnesses; near which spring is one or more trees marked with the letters I H.
Reuben Searcy.
December 1.
WHEREAS I give my bond to Hopkins Bright then of Fayette for the sum of 35 pounds current money payable the 15th of this month and as he has removed from the place he lived at, the time I gave the bond, this is to give him or any other persons who may have the bond in possession, that the money is lodged with Mr. John Hawkins merchant, of Georgetown, who will pay it on receipt of the bond.
Joseph Stevens.
November 1795.
*1w
ALL persons are hereby warned from taking assignments of the following Bonds, given by us to Joseph Hunter, viz. one for £240, due the last day of November 1795, one for £200 due the last, day of November 1796 and one other for £100, due the last day of Nov. 1767, as we are determined not to pay them, or either of them, unless compelled by Law
Lawrence Toole
David Joutt
Robert Joutt
November 27 1795. *3w
Lincoln county (to wit.)
TAKEN up in the Wilden is by George Reynolds, a bay horse, about four years old, branded on the near shoulder R trots natural, hath three white feet, a small white streak down his face and snip on his nose, he is about four feet ten inches high; appraised to 15l. 10s.
Given under my hand this 7th day of November, 1795.
William Patton.
TAKEN up by the subscriber, living in Washington county, near Rays mill, a brown mare and colt, the mare is six years old, fourteen hands three inches high, trots natural, banded on the off shoulder and buttock something like R, appraised to 20l.
David Cleaver.
July 1.
TAKEN up by the subscriber, living in Woodford county, near Kirkham's ferry, a black filly, about one year old, with a star and small snip, the left hind foot white, no brand perceivable; appraised to 5l.
James Ligget.
June 18.
Notice
IS hereby given, that commissioners will attend on the 2 Thursday in January next at a large spring on the Town fork of Elkhorn, about three miles from Lexington, known by the name of Joseph Lindsey's upper big spring, the same where Thomas Lewis now lives, with sundry witnesses; then and there to perpetuate testimony respecting said Lindsey's improvement, for which he obtained his certificate for a settlement and preemption from the commissioners and to do such other acts as shall be agreeable to law.
Joseph Lindsey.
November 16.
TAKEN up by the subscriber, near the mouth of Tates creek, a black horse, four years old, thirteen hands high, no brands, appraised to 5l.
William Bowlin,
September 7.
TAKEN up by the subscriber, Woodford county, clear creek, one bay mare, three years old, 14 hands high, star in her forehead branded on her near shoulder 69; valued to 12l.
Mitchel Deriner.
July 13.
TAKEN up by the subscriber, near Paris, a black mare with a small star, three or four years old, branded on the near buttock IY, she is about fourteen hands high; appraised to 14l.
Josiah M'Clure.
August 29
TAKEN up by the subscriber, near Rice's horse-mill, on the Hickman road, a brindled Stear, 5 years old, a white list on his back, white on his belly and on the inside of his hocks, marked with a crop, slit and nick in the right ear, branded on the left horn C. C. and on the left buttock C. posted & appraised to 4l. 10s.
SARAH MOSS.
October 26, 1795.
Notice
IS hereby given to all to whom it may concern, that the Commissioners appointed by an order of the county court of Bourbon, made at their November court instant, agreeable to an act of Assembly entitled "An act to ascertain the boundaries of land, and for other purposes," will meet on Thursday the seventeenth day of December next, on the north east side of Hingston, near Strode's road, in order to take the deposition of witnesses to ascertain an improvement made by Ralph Morgan, on a Cherry tree marked R. M.
THOMAS HAMILTON, HIRAM PRICE.
Bourbon county, Nov. 21, 1795.
TAKEN up by the subscriber, in Fayette near the Clerk's office, a dark bay Horse, about fourteen hands high, branded on the left shoulder S and on the left buttock I. B. some saddle spots, trots & appraised to 12l. Also, a black horse colt, about two years old, about thirteen and a half hands high, a star, brand not legible, appraised to 7l. 10s.
John Rickett.
October 13, 1795.
LEXINGTON.
PRINTED BY JOHN BRADFORD, ON MAIN STREET.

KENTUCKY GAZETTE EXTRA.
[NUMB. XII.]
S A T U R D A Y, DECEMBER 5, 1795
[VOL. IX.]
No. VII.
THE TREATY.
TO THE WELL DISPOSED PEOPLE OF KENTUCKY.
Fellow-Citizens.
IT is now that I am entering on what is more particularly called the commercial part of the treaty. Which opens with the twelfth article in the following words—“His majesty consents that it shall and may be lawful during the time herein after limited, for the citizens of the United States to carry to any of his majesty's islands and ports in the west Indies, from the United States in their own vessels, not being above the burthen of seventy tons, any goods or merchandise being of the growth, manufacture or produce of the said States, which it is or may be lawful to carry to the said islands or ports from the said States in British vessels; and that the said American vessels shall be subject there to no other or higher tonnage, duties or charges, than shall be payable by British vessels in the ports of the U. States; and that the cargoes of the said American vessels shall be subject there to no other or higher duties or charges than shall be payable on the like articles if imported there from the said States in British vessels.
“And his majesty also consents that it shall be lawful for the said American citizens to purchase, load and carry away in their said vessels to the United States from the said islands and ports, all such articles, being of the growth, manufacture or produce of the said islands, as may now by law be carried from thence to the said States in British vessels and subject only to the same duties and charges on exportation to which British vessels & their cargoes are or shall be subject in similar circumstances.
“Provided always, that the American vessels do carry and land their cargoes in the United States only, it being expressly agreed and declared that during the continuance of this article, the United States will prohibit and restrain the carrying any molasses, sugar, coffee, cocoa or cotton, in American vessels either from his majesty's islands or from the United States, to any part of the world, except the United States, reasonable sea stores excepted. Provided also, that it shall and may be lawful during the same period for British vessels to import from the said islands into the United States and to export from the United States to the said islands, all articles whatever, being of the growth, produce or manufacture of the said islands or of the United States respectively, which now may by the laws of the said States be so imported and exported. And that the cargoes of the said British vessels, shall be subject to no other or higher duties or charges, than shall be payable on the same articles if so imported or exported in American vessels.
“And it is agreed that this article and every matter and thing therein contained shall continue to be in force during the continuance of the war in which his majesty is now engaged;—and also for two years from and after the day of the signature of the preliminary or other articles of peace, by which the same may be terminated.
“And it is further agreed, that at the expiration of the said term, the two contracting parties will endeavor further to regulate their commerce in this respect according
to the situation in which his majesty may then find himself, with respect to the west Indies, and with a view to such arrangements as may best conduce to the mutual advantage and extension of commerce. And the said parties will then also renew their discussions, and endeavor to agree whether in any, and in what cases neutral vessels shall protect enemy's property; and in what cases provisions and other articles not generally contraband, may become such, but in the meantime their conduct towards each other in these respects, shall be regulated by the articles herein after inserted on those subjects.”
In placing this article in its true light, the resolution of the senate is proper—It follows: “In senate, June 24, 1795. Resolved, that the senate do consent to, and advise the president to of the United States to ratify the treaty of amity, commerce, and navigation, between his Britannic majesty, and the United States of America concluded at London, the 19th of November, 1794, on condition , that there be added to the said treaty, an article whereby it shall be agreed to suspend the operation of so much of the twelfth article as respects the trade which his said majesty thereby consents may be carried on between the United States and his islands in the west Indies, in the manner and on the terms, and conditions therein specified.
And the senate recommend to the president to proceed without delay to further friendly negotiations with his majesty on the subject of the said trade, & of the terms and considerations in question.” Thus it appears that so much of the 12th article of the treaty as respects the size of the vessels, and the prohibition of exporting certain enumerated articles, as molasses, sugar, coffee, cocoa or cotton from the U. States, in a word, so far as it respects the west India trade, is wholly to be suspended, and taken out of the treaty, as the condition of its ratification: without which there is to be no treaty. And this condition was inserted principally for two reasons, the one relates to the limited size of our vessels permitted to be used in the west India trade: the other respected the prohibition and restraint on American vessels against exporting the before mentioned articles from the ports of the United States; as it goes as well to the productions of the other west India islands, as to those belonging to his majesty; and even to the article of cotton, which is an American production. The senate considering that however insignificant the quantity of cotton may now be, which is made in the U. S. for exportation; it was, nevertheless essential to the dignity & independence of the United States, to assert at all times, and to all nations, the right of exporting its own produce of every description; and that to have assented to the prohibition contained in this article, would have been yielding that right and conceding a principle, which no friend to the other parts of the treaty was willing to do. That so much of this article as relates to the west India trade, is suspended, is I suppose no matter of objection to any. But since the west India trade is of immense importance to the United States, and the negotiation is to be renewed on that subject, I will presume to hazard an observation or two, upon which it may not be amiss for those to whom I write to reflect. The west India islands belonging to the king of Great Britain, are colonies, and governed on the colony system; which is one of exclusion, regulation and restraint. Great Britain has not permitted any nation
a free trade to her islands, nor is it probable that she will, during the existence of her navy. The United States, is I believe the first nation she has by treaty permitted to trade to those islands on any terms; though she has by proclamation permitted foreign trade for limited periods. But which of course was always precarious, and might be checked or totally prohibited when ever the king pleased. Such has heretofore been the state of the commerce of the United States with those islands; and such must be its state without a treaty. It seems to me then that a treaty which would permit this trade on reasonable terms, is a thing very desirable to American citizens.
In forming this treaty we are to expect limitations and restrictions, because the British government has a right to impose them; and the interest of the nation requires such; and in their estimation we have no equivalent to offer for this commerce. They think that the commerce of the British ports in Europe, a commerce with seven millions of people is fully equal to a commerce in all the ports of the United States, and with four millions of people. And it must be admitted that every nation has a right to say on what terms another nation shall be allowed to trade in its ports. The situation of the islands is such, that if the citizens of the United States were allowed, without restriction either as to the size of their vessels, or exports of produce from those islands, freely to trade there, that they would in time engross the trade, and supply even Great Britain herself with the produce of her own islands, and which however desirable it may be to us, Britain must foresee, and it is probable never will, so long as she remains a commercial nation assent to; nor indeed is it reasonable for us to expect it. It is then reasonable that Britain should stipulate, and that the United States should accede to restrictions on the west India trade.
But there are parts of the 12th article which are not to be suspended, (to wit) the last paragraph, which respects the future regulation of the west India trade. The discussion of the question, whether in any, and what cases, neutral vessels shall protect enemy's property; and in what cases provisions and other articles not generally contraband may become such. But in the mean time, the conduct of the two parties in these respects to be regulated by the articles after inserted. It is probable that such part of the twelfth article as is now suspended, will be supplied by the negotiation recommended to the president in the resolution of the senate; in a manner consistent with every other part of the treaty. The voice of cavil has been raised against the treaty, because it does not contain an agreement, not indeed, in what cases neutral vessels shall protect enemy's property; but because it does not stipulate that neutral vessels shall protect enemy's property in all cases, except it be contraband of war. But however desirable such an agreement may be to a commercial people, it is not to be made without the consent of the other party. And altho Great Britain would not now consent to alter the law of nations in that respect it cannot be with any man of candor a serious objection to the treaty. Would rejecting the treaty have altered the law in that respect? It certainly would not. Does adopting the treaty without such an article make our situation or that of our friends any worse? It does not. It is then no argument against the treaty, that it does
not contain an article declarin that neutral vessels shall protect enemy's goods.
And it is certain that provisions and other articles not generally contraband, may, from particular circumstances become such. It would also contribute to the convenience of the commerce of neutral nations, were all the particular cases enumerated in which provisions and other articles not generally contraband, were subject to become such. But American citizens have little cause of complaint against this treaty, on account of postponing the agreement on this subject, since the provision made in the treaty as to such cases is peculiarly favorable to them, as I shall shew in the proper place.
It may not be improper with the view in which these papers are written to mention, that contraband goods, by the established law of nations are all those which serve directly for the purposes of war, if attempted to be carried by a neutral nation to either of the parties at war; and for that reason may be seized and confiscated by the other party. And that provisions & other articles which do not directly serve for the purposes of war alone; and therefore are not generally considered as contraband; yet from particular circumstances, as when they serve directly for the relief of one party, to the prejudice of the other, they may by the established law of nations become such. Therefore when the United States avowed herself a neutral nation she thereby put herself under the coercion of those laws; and tacitly at least assented that they might be put in force against her citizens whenever they violated them. And hence too it may be observed that many of the captures made at sea have been agreeable to those laws; others have been contrary to them, but for those of the latter description it is agreed on the part of Great Britain that compensation shall be made.
H. MARSHALL.
October 28, 1795.
No. VIII.
THE TREATY.
TO THE WELL DISPOSED PEOPLE OF KENTUCKY.
Fellow-Citizens.
THE thirteenth article of the treaty relates to the east India trade, and is in the following words—“His majesty consents that the vessels belonging to the citizens of the United States of America shall be admitted and hospitably received in the sea ports and harbors of the British territories in the east Indies. And that the citizens of the said United States may freely carry on a trade between the said territories and the said United States in all articles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited: Provided only, that it shall not be lawful for them in any time of war between the British government and any other power or state whatever, to export from the said territories, without the special permission of the British government there, any military stores, or naval stores, or rice. The citizens of the United States shall pay for their vessels when admitted into the said ports, no other or higher tonnage duty than shall be payable on British vessels when admitted into the ports of the United States. And they shall pay no other or higher duties or char-

ges on the importation or exportation of the cargoes of the said vessels, than shall be payable on the same articles when imported or exported in British vessels. But it is expressly agreed that the vessels of the United States shall not carry any of the articles exported by them from the said British territories to any port or place, except to some port or place in America, where the same shall be unladed, and such regulations shall be adopted by both parties as shall from time to time be found necessary to enforce the due and faithful observance of this stipulation. It is also understood that the permission granted by this article is not to extend to allow the vessels of the United States to carry on any part of the coasting trade of the said British territories; but vessels going with their original cargoes, or part thereof from one port of discharge to another, are not to be considered as carrying on the coasting trade. Neither is this article to be construed to allow the citizens of the said States to settle or reside within the said territories, or to go into the interior parts thereof without the permission of the British Government established there; and if any transgression should be attempted against the regulation of the British government in this respect, the observance of the same shall and may be enforced against the citizens of America in the same manner as against British subjects or others transgressing the same rule. And the citizens of the United States whenever they arrive in any port or harbor in the said territories, or if they should be permitted in manner aforesaid, to go to any other place therein, shall always be subject to the laws, government and jurisdiction of what nature established in such harbor, port or place, according as the same may be: The citizens of the United States may also touch for refreshment at the island of St. Helena, but subject in all respects to such regulations as the British government may from time to time establish there." Some affecting much public spirit, and regard for the dignity of the American name, have censured the style of this article as haughty and arrogant on the part of Great Britain, and submissive on the part of the United States—and the expression, his majesty consents &c. has been singled out, and carped at as an instance. But denying that the expression will justify the observation of those who make it; I should like to know what expressions more fit for the subject could have been devised? It must not be forgotten that the British government have a right to exclude the citizens of the United States from their possessions in the east Indies, and that they cannot go there but by the permission and consent of that government either general or local. The king of England has the general superintendence of commerce, by means of treaties; and when by treaties any nation or people are permitted to enter the ports in the British foreign territories it is by the consent of the government expressed in the person of the king, as in this article. It is a style calculated to preserve the idea of the right, in the government to give or refuse, to other nations the liberty of entering those ports, or carry on trade with those territories. It is a style which we may well accede to without degradation, because the idea it conveys is a just one. We must well know that we have no right to trade with the British east Indies, without the consent of the British government. Why then cavil at the legal expression of that consent? It may be well said too, that the articles respecting the east and west Indies, are considered as concessions to the United States; that the U. S. having no colonies—have nothing similar to give in exchange, and that they stand as grants, without an equivalent. It will be observed
ed that it is only in such cases throughout the treaty, that the style of consent is used; it being in other places agreed between the parties. Without the treaty it is true for some time have been permitted to trade on very liberal terms to the British east Indies; and they have found that trade extremely advantageous; and we must all be sensible of the great fall in the price of east India goods since. But without a treaty to secure this trade, it is merely at the will of the British government; altogether precarious, and might be checked or totally prohibited.
Is it not then highly desirable to render it permanent and secure? And does not the government of the United States in endeavoring to do it, shew the proper attention to the interests of the people. But it is said that the treaty abridges the privileges of the east India trader in obliging him to land his goods and merchandise in some port in America; whereas without the treaty he was allowed to ship some articles of the British east Indies to China and elsewhere. Supposing it to be so, yet this article is highly beneficial to the United States. And it cannot escape reflection, that the British government could without the treaty have imposed this restriction on the commerce of the United States and other restrictions, much more important, or as I said even prohibit the trade altogether. And I imagine a farmer would greatly prefer the secure enjoyment of a field as large as he could cultivate; to a tenure at will, in one five times as large. And it seems to me not improbable that the merchant and the farmer think nearly alike on similar subjects. If the east India trader is obliged to land all the produce of the British east Indies in some port or place in America, it is probable that more will be brought into the United States than formerly, this circumstance will of course increase the public revenue; and cheapen the price of east India produce, as it will encrease the quantity in market. Nor need the merchant fear he will not find a market in some one of the many ports in North or South America. But indeed there is no prohibition in the treaty against his exporting from America the productions of the E. Indies.
This article may readily be connected with the third article in this treaty which opens a trade with Canada, by means of the interior, as I have no doubt they will in their effects connect themselves. Since, with those who are acquainted with the geography of the country, but little doubt exists, that east India goods may be conveyed from New-York to Canada, and sold there with a saving profit. And while I am on this subject I will venture a conjecture which, although it may not be credited now, I have little doubt time will verify—it is, that east India goods will be brought from New-York, by the way of Presqu'isle to this country, and sold here on cheaper terms than at present. This is on the supposition that the two treaties now depending take place.
The fourteenth article respects the direct commerce between the British ports in Europe, and the Atlantic ports of the United States. It is in the words following: "There shall be between all the dominions of his majesty in Europe, and the territories of the United States, reciprocal and perfect liberty of commerce and navigation. The people and inhabitants of the two countries respectively shall have liberty freely and securely, and without hindrance and molestation to come with their ships and cargoes to the lands, countries, cities, ports, places, and rivers, within the dominions and territories aforesaid to enter into the same, to resort there, and to remain and reside there, without limitation of time: also to hire and possess houses and warehouses for the purpo-
ses of their commerce, and generally the merchants and traders on each side shall enjoy the most complete protection and security for their commerce; but subject always as to what respects this article to the laws and statutes of the two countries respectively." We have in this article an instance where the two countries are treating on similar ground, where all the ports and places of trade and commerce in the one nation, are opened to the other; and where foreign dominion is put out of the question. And what is the language? And what are the principles which form the basis of this commerce? Is it possible for words to make the one more equal or the other more reciprocal? I believe I may say it is not. Let us proceed then and see how the subject is further regulated. In the fifteenth article "It is agreed that no other or higher duties shall be paid by the ships or merchandise of the one party in the ports of the other than such as are paid by the like vessels or merchandise of all other nations. Nor shall any other or higher duty be imposed in one country on the importation of any articles, the growth, produce, or manufacture of the other, than are or shall be payable on the importation of the like articles being of the growth, produce, or manufacture of any other foreign country. Nor shall any prohibition be imposed on the exportation or importation of any articles to or from the territories of the two parties respectively which shall not equally extend to all other nations.
"But the British government reserves to itself the right of imposing on American vessels entering into the British ports in Europe, a tonnage duty equal to that which shall be payable by British vessels in the ports of America. And also such duty as may be adequate to countervail the difference of duty now payable on the importation of European and Asiatic goods imported into the United States in British, or American vessels.
"The two parties agree to treat for the more exact equalization of the duties on the respective navigation of their subjects, and people, in such manner as may be most beneficial to the two countries. The arrangements for this purpose shall be made at the same time with those mentioned at the conclusion of the twelfth article of this treaty, and are to be considered as a part thereof. In the interval it is agreed that the United States will not impose any new or additional tonnage duties on British vessels, nor increase the now subsisting difference between the duties payable on the importation of any articles in British or in American vessels." I will again venture to say, that throughout this article equality and reciprocity are preserved. I know that much spleen has been vented on this treaty, because in its commercial arrangements it places British merchants in the ports of the United States on the footing of favored nations. Was it desirable that the merchants of the United States in the British ports should be placed on the footing of favored nations? And how was this to be effected? Was it reasonable to suppose that the British government would grant the one without receiving the other privilege? It could not reasonably be expected. And was it not the interest of the United States to make this agreement with a nation with whom her citizens trade as much as with all the world besides? It seems to me that it was. And was the general interest of the United States as much attended to as the private possessions, and partial politics of certain individuals I should not hesitate to say that a well-regulated commercial treaty with Great Britain should form the basis of all other commercial treaties. I take this position on the observation and experience of twelve years. During
which period without any treaty to restrain the commerce of the United States with Great Britain; and in opposition to some strong prejudices; It has naturally, and of its own course fallen into that channel; and I am sure I take very tenable ground when I say that the commerce of the United States with the different territories of Great Britain is equal to that with all the rest of the world. Is not this a sufficient proof that such commerce is highly advantageous; for we cannot avoid supposing that the merchant in the course of his commerce pursues his interest, and that he will not continue to pursue a commerce that is contrary to his interest. What then has the government of the United States to do, but to secure commerce where she finds it? And what else, is done or attempted in this treaty? To attempt by treaty to confine commerce to any particular channel would be as absurd as it would be oppressive; but to regulate and secure it so long as it carried on in any way or between any particular nations are the proper objects of commercial treaties. I think this is such a treaty. Leaving commerce free to seek other ports—and the U. S. at full liberty to form other treaties with other nations for the security of her commercial citizens.
The equalization of duties has also been made a source of objection. As if without such agreement Great Britain would not always have had it in her legislative capacity to increase the duties on American ships, and goods, as much as the United States raised them on British ships and goods. And as if it was not better to settle this matter at once by treaty, on terms of equality—than for the two governments to harass the people of each other, by a legislative warfare of this kind. I own that in these respects the treaty, seems to me to be right. And what I think right, I must approve and will defend.
H. MARSHALL.
October 29, 1795.
N o . III.
To HUMPHREY MARSHALL, one of the Senators from the State of Kentucky, in the Congress of the United States.
[Concluded.]
YOU justify the treaty's excluding the Americans from entering from the sea, the bays, ports or rivers, belonging to the British on the continent of America, by saying, "that they are British colonies, from which we have always been excluded; this is what Britain has a right to do, and we have no right to complain. It is doing us no injury. Every nation has a right to grant or refuse to other nations the right of entering their ports," &c. I suppose you will not deny, that as an independent nation, we had the same right to deny the British admission into our ports, that they had to exclude us from the ports of their colonies on the continent of America. That as the professed object of this article, was to make the local advantages of each party on the continent of America, common to both ; we had a right to expect, that the treaty would give us as free a use of the local advantages belonging to the British territories, as they were to have of the local advantages belonging to the American territories. But instead of this being the case, we are absolutely excluded from all their ports, at the same time that they are to have not only, the free use of all our ports, but also the privileges of importing "goods and merchandise subject to no higher or other duties than would be payable by the citizens of the United States, on the importation of the same in American vessels into the Atlantic ports of the said States." By this article then, we have not only given these privileges to British sub-

jects, without an equivalent received from them; but have also for ever precluded ourselves, from adopting such measures, as would, by giving a preference to goods and merchandise imported in our own vessels, and by our own citizens, have had a tendency to encrease the American shipping and seamen; a policy, to which Great Britain owes a great part of her present maritime importance; and from which the real friends to America before this treaty hoped, and the British agents and their dependents feared, that the would derive the greatest commercial advantages.
I have said that we have given these privileges to British subjects, without an equivalent received from them; I will now show that this article, not only withholds this equivalent from us, but from the manner in which it is worded, must have been intended to deceive us, by imposing a belief, that we had this equivalent given to us by that article, when it actually denies it to us. That part of the article is in these words: "All goods and merchandise whose importation into his majesty's said territories in America shall not be entirely prohibited may freely for the purpose of commerce be carried into the same in the manner aforesaid, by the citizens of the United States, and such goods and merchandise shall be subject to no higher or other duties, than would be payable by his majesty's subjects, on the importation of the same from Europe into the said territories." From the similarity of expression, used in this clause, and that which follows, respecting the privileges granted to British subjects, it would at first view strike us, that the Americans and British subjects, were in this respect put upon the same footing by this article; but the very reverse is the truth of the case. The expression used in the clause, as to the right of importation on the part of the Americans, is, as is stated above; that which is used, as to the right of importation on the part of the British, is in these words: "And in like manner all goods and merchandise whose importation into the United States shall not be wholly prohibited may freely for the purposes of commerce, be carried into the same in the manner aforesaid by his majesty's subjects," &c. This leads us to enquire, what that "manner aforesaid" is, by which the Americans can carry any goods or merchandise into the British territories; and what that "manner aforesaid" is, by which the British can carry any goods or merchandise into the American territories; this evidently refers to the former part of this article, by which I have already shewn, that the Americans are permitted to navigate the British rivers from the highest ports of entry to their heads; but are excluded from navigating them from their mouths to the highest ports of entry; and that the British are permitted to navigate the American rivers from their mouths to their heads: it follows then that the privilege granted to the American citizens, "of carrying goods and merchandise into the territories of Great Britain in the manner aforesaid," amounts to nothing; because they must carry them to the highest ports of entry in British vessels, or purchase them there, from British subjects; but this privilege, when granted in the same words to British subjects, is of the greatest importance; because they can carry such goods and merchandise from Great Britain to the highest ports of entry for foreign vessels in the American rivers, in their sea vessels; and afterwards carry those goods in any other vessels they may please, to the heads of those rivers.
This article then is not only deficient in that reciprocity which it pretends to hold out to us; and which you assert that it does contain; but it is so drawn as to make
useful impressions, as to its real meaning and effect; whether this was done through design or ignorance, will be determined by those who read it, according to the opinion they have formed of Jay—whether he is most of a knave or a fool. Those who defend it, must also be classed with the one or the other of those characters; but unfortunately for the community, the operation of the article, will still be the same, whether it was at first produced and now supported, by knavery or folly.
On which side of the dispute respecting the treaty are the modern patriots? If by this description you mean the old Tories, British merchants, their agents, stock and bank holders, and that whole set of leeches, who after having purchased up the public debt at two shillings and six pence in the pound, consider the United States as mortgaged to them; for the payment of interest at the rate of six per cent: on the whole nominal amount, and who would willingly see the honours, the independence and the true interests of the United States sacrificed, rather than the smallest deviations should be made in the public funds, appropriated for that purpose: the modern patriots are friends to the treaty. But if you mean by this disgraceful appellation, the great body of freemen throughout the United States, they are, and I trust ever will be, enemies to the treaty.
I think with you, that "the friends of anarchy, and the enemies and wilful subverters of the federal government," ought to be held in abhorrence; but we should take care to ascribe those epithets on those only, who justly merit them. I consider him as the friend to anarchy, who procures an act of indemnity for all those, who have committed, or shall commit, treasons, murders, felonies, or other crimes or misdemeanors, for more than 3 months, before a prosecution can be commenced against them; and I consider those as the most dangerous enemies and wilful subverters of the federal government, who in their public measures, disregard all the injunctions of the federal constitution, and break through all the barriers and limits introduced by it, for the security of American liberty; for there cannot be a more certain way of making that government the object of abhorrence with the real friends to American liberty, than by administering it, in such a manner as must necessarily deprive the American citizens, of those rights and privileges; for which they have fought, and to secure which, they are still willing to shed their last drop of blood.
You again try to call us from an examination of the merits of the treaty, by alarming us with the fears of a war, and by declaring, that a war must have been the inevitable consequence, of rejecting the treaty. If you persist in this way of reasoning, we shall be convinced, if you acted honestly, that your approbation of the treaty, was extorted by your fears, altho' your reason disapproved of it. If this was the case, avow it openly, and tell us, which you have not yet done, what ground Great Britain would have had, for declaring war against us, because we would not accept of the pretended compensation offered, for the injuries she had done us; and if there was no cause to fear a declaration of war, on her part, I am sure that it would have been much better for us, "to hush our complaints, and in silence to submit to the injuries we had received," than to receive the pretended compensation, contained in the treaty; which is of such a nature, as to place us in a still worse condition, by the receipt of it. Act honestly with your countrymen, for once at least, and if you gave your sanction to the treaty, from fear, do not attempt to support it, by reason; or if your judgment really does approve it, do not show such a contempt for their un-
derstanding, as to suppose, that their fears alone, can extort, their approbation of it.
But admitting that matters were prior to the treaty, in such a situation between us and Great Britain, that a war was to be apprehended, from an injudicious line of conduct, if pursued on our part; I ask if the ratifying this treaty, was a likely means to avoid such a war? Have you found, in private life, that the submitting in a tame and cowardly manner, to personal insults and injury, was an effectual way to prevent their being repeated; or, have you found, that such submission was a certain means of causing a repetition of them. If your experience has proved that the last was the case, the history of the world, will shew, that the same thing always happens among nations; and that the only certain way of keeping clear of war, is to shew that you will enter into it, if you do not obtain a proper satisfaction for real injuries. That this was the way to act with Great Britain, on the present occasion, has been fully proved by the success, which attended a similar conduct, when pursued by Denmark and Sweden. They as well as America had been injured by Great Britain, but they, by insisting in a spirited manner, on a proper satisfaction, obtained it instantly. If then you had argued either from the reason of the thing, or from past or present experience, you ought not to have concluded, that the forming such a treaty, was a likely means to preserve a real or lasting peace. The event has also proved that if such conclusions were really drawn, they were fallacious. So far has Great Britain been, from paying any greater regard to our rights as an independent nation, since that treaty; that she has not only since the making of it, continued her former depredations on our commerce, but carried them on, in a more systematical and open manner, than before the entering into the treaty. If then before the forming this treaty, as you declare was the case, "the complaints on the part of the United States against Great Britain for infractions of the treaty of 1783, had been brought to a point, by the spoliations on our commerce, and encroachments on our territories, and that by this accretion and combination of grievances, a crisis had been produced in our affairs, which forbade our submitting any longer, under those grievances." In what situation are we placed, by the spoliations committed on our commerce since Jay's treaty? These recent injuries done to the Americans, are either permitted by the treaty, or they are violations of it. If they are authorised by the treaty, it ought to be considered, as the most infamous one, that was ever agreed to by a free people: if they are violations of that treaty, they are then additional grievances to those existing before the treaty, which as you admit, were of themselves sufficient "to forbid our submitting any longer under those grievances," and therefore, must when added to the others, prevent this treaty, from preserving that peace, which you say was, the principal object, in its ratification.
A FREEMAN.
N o . IV.
To HUMPHREY MARSHALL, one of the Senators from the State of Kentucky, in the Congress of the United States.
FOR the better understanding of the sixth article of the treaty, and your defence of it, I will consider it in the following point of view: 1. As it violates the federal constitution, by the establishment of a new tribunal, without the sanction of the Congress of the United States, for the decision of questions coming within the jurisdiction of the courts of the United States. 2. As it authorises that tribunal to decide the cases that are to be carried before it, on what
has hitherto always been considered as illegal and partial evidence.
3. As it empowers this new tribunal, to carry its decisions in favour of British creditors, to a greater extent, and to give them for a greater amount, than was directed by the treaty of 1783. 4. As it holds out a false and delusive idea of satisfaction, to the United States, for the sums which they will have to pay, in consequence of the operations of this article; and 5. As it provides a satisfaction for a supposed breach of the treaty of 1783, which was prejudicial to British subjects; without affording any compensation, for a breach of that treaty, equally prejudicial to a great number of American citizens.
1. The sixth article of the treaty violates the federal constitution, as it establishes a new tribunal, without the sanction of the Congress of the United States, for the decision of questions coming within the jurisdiction of the courts of the United States:
That it establishes a new tribunal, there can be no doubt; because it is the professed object of the article which declares that it does so; because, "the British creditors cannot now obtain and actually have, and receive, full and adequate compensation, for the losses and damages which they have sustained, by the ordinary course of judicial proceedings." This is further proved by their oath of office, and by the power given to them to hear testimony, and to make decisions in the cases there pointed out; and if any doubt remained, as to this article's having established a new tribunal, it would be removed by what you say on this subject, when speaking of these tribunals: "This could only be done by the ordinary course of judicial proceedings, or by an extraordinary tribunal constituted for the purpose. It was conceived on both sides, that the cases provided for by the treaty, were out of the reach of the ordinary courts, and consequently required an extraordinary one, to afford the adequate remedy. For it is observable that the ordinary courts are open to both sides, and where they are competent to afford relief, it is to be sought in them." That the masters referred to this new tribunal did come within the jurisdiction of the courts of the United States, is evident; because they are cases of controversy arising between British subjects and the citizens of the United States; and the constitution expressly declares, that the judicial power shall extend "to all controversies between citizens and foreign States citizens or subjects." If then this is a new tribunal, established by this treaty, for the decision of questions coming within the jurisdiction of the courts of the United States, the treaty must so far unquestionably violate the constitution, by establishing such a tribunal, without the authority of Congress, because the constitution expressly declares "that the judicial power of the United States shall be vested in one supreme court, and in such inferior courts, as the Congress may from time to time ordain and establish."
2. This article authorises this new tribunal, to decide on the cases that are to be carried before it, on what has hitherto even in England, been considered as illegal and partial evidence.
This article declares, "that the commissioners shall have power to receive in evidence, according as they may think most consistent with equity and justice, all written depositions, or books, or papers, or copies, or extracts thereof; every such deposition, book or paper, or copy, or extract, being duly authenticated, either according to the legal forms now respectively existing between the two countries, or in such other manner, as the said commissioners shall see cause to require or allow." By the common law in England, a man's own books were never allowed to be evidence

for him, when they were kept by himself; and I know of but one instance, where they were allowed to be used as evidence for him, when kept by others; and that is, where the person who made the entries in those books was dead; even in that case, before the books could be given in evidence, the handwriting of the dead man must be proved; and the book containing the original entry must be given in evidence, to support the charge; because that book was then the best evidence which the nature of the case would admit of. But notwithstanding this apparent necessity, the legislature in England, was so much alarmed as to the danger, that would arise, from allowing a man's own books to be evidence for him, even in those cases, that they have declared by a positive act, that in no cases whatever, shall books be suffered to be given in evidence, after one year. But by the laws of England extracts , even from records, are inadmissible evidence; because altho' the extracts may be true, there might have been something, either preceding or following the extract, which would have contradicted it; and therefore, every kind of written evidence, must be produced entire; and in the case of merchants' books, where they were to be used in evidence, the defendant had a right either to inspect the original books, or have them produced in court. But this article has entirely done away, all those wise and prudent regulations of the law, and has given this new tribunal power, to admit not only the merchants' own books, but also extracts from such books, in evidence, to support his claim. The requiring the extract to be duly authenticated, would be no security against the grossest fraud; because for the reason already given, that might be justly extracted, and yet the account be false. I am warranted therefore in saying, that this article does authorise this new tribunal, to decide on illegal and partial evidence; and I have no doubt that all good men will join me in saying— From every such tribunal, which is authorised to give judgment in favour of a Scotchman, on the evidence arising from an extract from his own books—Good Lord deliver us.
3. This article empowers this new tribunal to carry its decisions, in favour of British creditors, to a greater extent, and to give them to a greater amount, than was directed by the treaty of '83.
The treaty of '83 declares only, "that creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money of all bona fide debts heretofore contracted." This article says, that the United States shall make the British creditors full and complete compensation, for the losses and damages which they have sustained. And the commissioners are empowered and required, "to take into their consideration all claims, whether of principal or interest or balances of principal and interest, and to determine the same respectively, according to the merits of the several cases, due regard being had, to all the circumstances thereof, and as equity and justice shall appear to them to require." From a comparison of the articles in these two treaties, it is evident that they have placed the British creditor, on a very different ground; by the article in the treaty of '83, he was to meet with no obstruction in the recovery of his debt only; by the article in Jay's treaty, he is to have full compensation for his claim, whether of principal or interest; and this article has fully established that interest shall be allowed generally, because it expressly authorises them to give judgment for the interest, as well as the principal; and seems to consider it as a natural consequence, that the claim to the interest shall be good, whenever from the circumstances of the case, equity and justice will allow the claim to the
principal. That the treaty of '83 did not give the British creditor a right to recover interest, is evident from the expression used in it, which is confined to his debt ; which neither in common nor legal parlance, would include the interest . That this was the true exposition of that treaty, may be proved from the contemporaneous exposition, which it received by both creditor and debtor, in consequence of which all interest was struck off during the war; and it may be further proved also, from the express declarations contained in Jay's treaty, that interest should be paid; because treaties between the same parties on the same subject, should be construed so far as the expressions will permit, in the same manner; and therefore when it is evident from Jay's treaty, that the principal and interest were considered as distinct and separate objects, and a separate provision was esteemed necessary for each of them; it cannot be supposed, that the claim to the interest, was included by the treaty of '83, by an allowance of the claim to the debt only ; because if that had been the intention of the treaty of '83, a similar expression would have been sufficient, and would have been used for that purpose, in Jay's treaty; but as Jay's treaty which did mean to secure the interest as well as the principal, expressly declares that that was the intention of the parties, we may naturally conclude, that it was not the intention of the treaty of '83; because it contains no declarations of any such intentions. That it was not the intention of the treaty of '83, that interest should be paid during the war, may fairly be supposed, because such an intention would have been contrary to the uniform decisions in the English courts, by which a claim to interest had always been disallowed, during the continuance of civil commotions; more especially as the reasons which operated in those cases, must have been much more powerful, when applied to the American revolution, which was caused by the tyranny of the government, under which the creditor lived; and which stipulated for the security of his debt only , at the end of the war.
It would also have been unjust for the treaty of '83 to have stipulated for the payment of interest from this consideration; most of the debts due to British merchants were on open accounts, and all claims of this kind had before the peace, been barred by the statute of limitations; but in most of the States laws were passed, declaring that all the space of time from the commencement to the conclusion of the war, should as far as it could effect that statute, be considered as one day. The treaty of '83 must be considered as having the same effect, on the statute of limitations, in those States who did not pass such laws, as that statute would independent of the treaty, have been in those States, a lawful impediment to the recovery of those debts. The same treaty could never therefore have meant, that this space of time, which it declared should be considered as, and contracted to, one day, when its extension would operate to the prejudice of the creditor; should in another question, depending on the same principles, be extended to its utmost natural limits, when such an extension, would do a similar injury to the debtor. There was too great a regard for consistency and justice in that treaty, for it to have contemplated such an iniquitous distinction, between the interest of the debtor and creditor.
As then the treaty of '83 only declared, that there should be no lawful impediment to the recovery of the debt ; and as the sixth article of Jay's treaty declares, that the complaint of the British subjects was, that the recovery of their debts , had been delayed, and rendered less secure, by the operation of lawful impediments since the peace;
admitting the fact to have been as stated in those complaints, all that ought to have been done by Jay's treaty, was to have placed the British creditor in the situation he would have been in, if the treaty of '83 had been complied with—that was to consider the amount of his debt as established by that treaty, and therefore as carrying interest from that time. But instead of doing this, Jay's treaty has allowed the British creditor interest from the commencement of the American war, contrary to justice, contrary to principles established in the English courts, contrary to the treaty of '83, contrary to the understanding of that treaty by the British creditors themselves, at the time it was made, and contrary to the universal assent of all those creditors, by which they agreed to strike off all interest during the war. The difference that this will make to the United States may be easily computed, if as has been supposed, the debt due from American citizens to British merchants, at the commencement of the war, was twenty millions of dollars; but why this unjust sacrifice of the interest of the United States, was made to that of the British merchants, can only be accounted for, by that preference, which has been evidently given throughout the treaty to the British interests, in preference to those of America.
[To be continued.]
LONDON August 28.
A Hamburgh paper says the Duke de Chartres, eldest son of the guillotined Duke of Orleans, is going to America to reside.
Since the return of the Spanish court to Aranjuez, the new American ambassador has been presented. This ceremony is said to have been attended with uncommon splendor. This minister who was most graciously received, is said to be charged with an important commission on the part of his government, and has frequent conferences with the Spanish minister of state.
At Tripoli another revolution in the government has taken place; the late Pacha has taken flight, and his opponent Sid Juffuff has succeeded him. At Tunis the plague rages worse than ever, and many days upwards of 1000 persons die of it.
The French continue the most active preparations on the Rhine, and it is believed both at Frankfort and Dusseldorff, that the Passage of the river will be effected. It is perhaps more probable, that all these preparations and menacing movements are merely for accelerating the negotiations of peace between France and the German empire.
Letters from Genoa and Leghorn by the Italian mail, mention that there has been a battle between the Austrians and the French near Loano. The Austrians attacked the French on the 27th ult. and the combat was long and obstinate.
Victory however at length declared in favor of the French. The Austrians were repulsed and pursued to Finale with great slaughter and with the loss of 12 pieces of cannon, 4 howitzers 400 tents, and great number of men taken prisoners.
Parliament certainly meets early in autumn in consequence of the want of money which the minister feels, and which is so great, that he was last week obliged to obtain from the bank a further sum of 1,100,000. upon the vote of credit exchequer bills.
FALMOUTH, Sept. 1.
This day two packets arrived here from Corunna; one with dispatches, and the other with the mails due, and an Ambassador. By a Gentleman of veracity, in one of the packets, I am informed, that he left Madrid 15 days ago, at which time there was a general insurrection. The King and Queen of Spain were in cog. and durst not appear; and it was believed there that the insurrection would become general through the whole domin-
ons. A constitution the same as France seems the wish of the people, and priests & priestcraft dwindle into disrepute. Another person, who set off for London immediately, says, that in traveling through Spain he perceived a general discontent prevail among all ranks of people, and a general wish for a revolution.
NEW-YORK November 9; Extract of a letter from a gentleman in London to his correspondent in this city, dated September 10.
"I wrote you under yesterday's date but the captain being still here, I have pleasure in informing you, that the orders of our government for bringing in American vessels laden with provisions, is rescinded; a measure that I trust will give great satisfaction in America.
Late last evening the brig Harmony, Capt Boll, arrived at this port, in 54 days from London, by whom we have received the Morning Post of September 8 and 9. That of the 9th contains a concise account of the proceedings of several Primary Assemblies, who had accepted the constitution with great eclat. News of the Parisian proceedings on this subject (who were to meet September 7th,) were anxiously waited for. O'CONNOR and GRIEFIN, two Irish Defenders, were both tried and found guilty of HIGH TREASON, at New Ireland on the 31st August. Several extracts will be given to morrow.
PHILADELPHIA, October 29, Extract of a letter from Norfolk, to a merchant in this city, dated 20th October.
"The Pelican sloop of war is arrived in 6 weeks from Portsmouth, who says that provisions were plenty both in France and England, and that no American vessels were now stopped from going where they pleased: this I have from the consul.
"No Spanish war—A large fleet setting out for the West-Indies."
November 4.
By the Ann, arrived here on Sunday last from Dublin, we received the latest accounts from Ireland. She sailed the 5th of September. The papers received by this arrival are to the 3d, but contain little interesting matter. They teem with paragraphs concerning the defenders, who it appears have given the country much alarm. The private accounts contain fuller details on this head.
By these it appears, that the defenders are more formidable in numbers and activity, than ever. Many of the aristocrats residing in the country, thro' fear of them have crowded into Dublin. Many of the country jails have from the same motives been emptied, by government and the prisoners, transferred to Dublin. The arms of the invalid hospital at Kilmainham have been transported to Dublin castle, and every movement indicates a dread of serious disturbances.
The defenders were never before known to alarm so great an extent of country. From East to West, and North to South they have spread terror and devastation. They have their int in Dublin itself. Very lately about 20 persons in Dublin were taken up on charges of high treason, and some lately condemned.
Last Saturday evening arrived here the ship Clothier, captain Murphey from Havre de Grace which place captain Murphy left on the 18th of September, in company with the ships Active, Blair, for Philadelphia, Dispatch, Hodgdon do. Off Nantucket shoals, was boarded by the Cleopatra British frigate, and treated very politely.
By this arrival we learn that the taking of Mentz had arrived at Havre de Grace, before capt. Murphy failed from thence, and in consequence of that important event great rejoicings had taken place there.