The Kentucke gazette (Lexington [Ky.]), 1788-03-01 00:00:00

K E N T U C K E G A Z E T T E,
S A T U R D A Y, MARCH 1, 1788.
Extracts from the journals of a convention be- gun, and held for the dist. of Kentucky at Danville in the county of Mercer on the 17th day of September 1787.
RESOLVED by the representatives of the good people of the district of Kentucky in convention assembled, that it is expedient for and the will of the same, that the said district be erected into a separate and independent state, on the terms and conditions specified in the two acts of assembly, one entitled "An act concerning the erection of the district of Kentucky into an inde- pendent state," the other entitled "An act making further provision for the erection of the district of Kentucky into an independent state."
RESOLVED that this convention do fix the thirty first day of December one thousand seven hundred and eighty eight, to be the time in which the authority of the commonwealth of Virginia and of its laws over the district of Kentucky shall cease and be no more for ever, under the exceptions specified in the act entitled "An act concerning the erection of the district of Kentucky into an independent state."
RESOLVED that an address to the congress of the United States of America be prepared stat- ing the reasons for which the convention have adopted a resolution of this district from the state of Virginia to be executed, that respecting that the district may be admitted into the re- ception of the United States as a state of the union, and that the same be transmitted to the general assembly of Virginia in that case made and provid- ed.
WHEREAS this convention hath admitted it expedient that this district should be separated from the state of Virginia and erected into an in- dependent state and hath determined that the au- thority of the commonwealth of Virginia and of her laws over this district shall cease and for ever cease on the thirty first day of December one thousand seven hundred and eighty eight. And to the end that no period of time may arise to the delay of the erection of the proposed state.
RESOLVED as the opinion of this convention that a convention shall be called with full power and authority to frame and establish a fundamental constitution of government for the pro- posed state and to declare what laws shall be in force therein until the same shall be abrogated or altered by the legislative authority acting under the constitution to be framed and established.
RESOLVED that in the month of April next on the respective court days of the courts within the said district and at the respective places of holding courts therein, representatives to continue in appointment until the thirty first day of De- cember one thousand seven hundred and eighty eight to compose the said convention, shall be elected within the said district, by the free male inhabitants of each county, in the like manner as the representatives of the general assembly have been elected, in the proportions following; in the county of Jefferson shall be elected five rep- resentatives; in the county of Nelson five repre- sentatives; in the county of Fayette five rep- resentatives; in the county of Bourbon five rep- resentatives; in the county of Lincoln five rep- resentatives; in the county of Madison five rep- resentatives; and in the county of Mercer five rep- resentatives. That full opportunity may be given to the good people of exercising their right of suffrage on an occasion so interesting to them, each of the officers holding elections, shall con- tinuing the same from day to day, for five days in- cluding the first day, and shall cause these resolu- tions to be read immediately preceding the open- ing of the election at the door of the court house, or other convenient place; and that Mr. Bradford be requested to publish the same in his Kentucky Gazette, six weeks successively, immediately pre- ceding the time of holding the said elections. Each of the said officers shall deliver to each person, duly elected a representative, a certificate of his election. The said Convention shall be held at Danville, on the fourth Monday in July next, and as soon as eighteen members have convened, they shall and may proceed to the choice of a Pres- ident, and other proper officers; and settling pro-
per rules of proceedings; to consider, and by a majority of vote, establish a fundamental Consti- tution of government, for the proposed state; and declare what laws shall be in force therein, until they are abrogated or altered by the legislative authority, acting under the Constitution to be framed and established.
RESOLVED, that three members of the said convention assembled, shall be a sufficient number to adjourn from day to day, and to issue writs for supplying vacancies which may happen from deaths, resignations, or refusal to act.
RESOLVED, that in case there shall be no sheriff within the respective counties of the district of Kentucky, at the time the several elections are directed to be held for the election of the said members of Convention, that any two acting mag- istrates, who may be present on the day of holding the said elections, be appointed commis- sioners to superintend and conduct the said electi- on, and to make returns in the same manner, as the sheriffs are directed to do.
A true copy from the minutes.
THOMAS FODD, C.C.
True Liberty Aways with right reason dwells Twin'd, and from her birth no individual being.
Milton
There is but one source of political happiness, viz. liberty; our liberty is founded on our reason, which is the basis of her existence; this proves its excellence; but many sources of unhappiness, and slavery; every one of which owes its existence to the abuse of some passion or appetite of mankind. Ambitious persons, already raised to a pitch of eminence, if access to human nature; not con- tented with the suffrage of thousands, who have given themselves up to the vilest subjection, even to be bought or sold like slaves or cattle; too often, merely to gratify a wanton lust of dominion, employ those very wretches, in the internal business of subjecting others, before happy and free; this constitutes external slavery; of such an attempt we have had a recent trial; but there is an- other sort of slavery, which from the modesty of its appearance, and gentleness of its approach- es, is not so alarming, and therefore the more dangerous; of which we ought continually to be- ware: viz. internal, that is, when a people already free, implicitly trust, or permit, any set of men to form constitutions of government, or enact laws for them; without inquiring, whether such con- stitutions, have for their basis, the true principles of liberty, and equal right. Of those principles I have, in a former paper, attempted a very suc- cinct investigation: I shall in this, examine some parts of the federal constitution, (now held out to these states), according to those principles, and leave the public, impartially to judge for them- selves.
And here, I am happy in finding myself antic- ipated, and the work partly done by my hand, by the publication of a letter from a gentleman, whose official situation, lets his sentiments in a very con- spicuous point of view; and whose well known abilities, and integrity, make every observation of his, merit the highest degree of attention; I shall the close pass over the things which he has al- ready done in so masterly a manner, and confine myself to a few points, which he has either slight- ly touched upon, or has been wholly silent.
Article I. Section 1. "All legislative power herein granted, shall be vested in a Congress of the united states; which shall consist of a senate and house of representatives."
The absurdity of two houses of legislature, has formerly been touched upon on the supposition of their being both our representatives; but that observation becomes here unnecessary; this appears without a mask: they (the senate) are not even the supposed representatives of any body; but distin- guished from them, in as express terms as english words can do it; how then is this a Congress [that is a meeting] of the united States; when such meet- ing, does neither consist of the whole people of these states, nor wholly of the representatives of
these people? but not to dispute about words let us consider the election, the proportional num- bers, and the powers of this senatorial body. And first, they are to be chosen by the legislative bodies of the several states respectively: what nu- merical proportion these legislative bodies may bear to their constituents, or the people at large, is to me uncertain; but I will suppose it as one to two hundred; it is plain, that if they represent any body at all, it can be only those who have elected them, viz. one two-hundredth part of the people: bodies, having been chosen only for legislative purposes, and election; and legislation, being pow- ers wholly different, and indeed too important to be both committed to the same set of men, at the same time; that choice can invest them with no right to delegate representatives for any body but themselves: but I concede this argument is super- fluous, this consideration having in so many words, separated the very idea or character of a senator, from that of a representative. Again, as to their numbers, there are to be two senators from each state; is not this visibly subversive of the great ori- ginal right of equality? does it not tend to ob- literate the very idea? To demonstrate this, re- quires only that we compare the representation of the states of Rhode Island and Providence plan- tations, with that of Virginia; the former from their numbers, are intitled to have only one repres- entative in Congress; the latter, on the same prin- ciple, and for the same reason, are to have ten. If Virginia, from her numbers, has a right to ten times the influence of Rhode Island, in the lower house of Congress, why not in the senate? I see no reasonable answer to this, but that the lower house consists of the representatives of the people, consequently are a regular, well-proportioned body, the senate an unmeaning and arbitrary body of the different legislatures; and of consequence a body irregular, deformed, and disproportionate.
But again, if we consider this power, it contains every considerable and essential share of the elec- tive, legislative, executive, & judiciary department, and in all these, they are independent on the peo- ple, nor in any instance responsible to them: from whence can their right to such power arise? It was never delegated to them from the people, who alone were justly possessed of it; no exterior power had authority to confer it; it appears therefore a mere non-entity, or rather a commu- nicated usurpation of power without right: and therefore to be rejected: and yet, extraordinary as it may seem, this senatorial dignity, is to continue in the same hands for years, and even at the end of that term, they are again eligible, and so on a third, a fourth, a seventh time, to perpetuity. But I long to have them off my hands, as I would any other useless or dangerous commodity, and can only consider their institution, as a servile and ill- judged imitation of the house of lords in the Bri- tish parliament, where (though there appears now and then a virtuous character) dissipation, venali- ty, and corruption, are alternately, and incessant- ly brooding, growing, and triumphing; have of- ten distracted the kingdom, and in some degree, enslaved the nation. I go now to Art. 2 Sec. 1. which vests the supreme continental executive power in a president: in order to the choice of whom, the legislative body of each state, is em- powered to point out to their constituents, some mode of choice, or (to save trouble) may choose themselves, a certain number of electors, who shall meet in their respective states, and vote by ballot, for two persons, one of whom, at least, shall not be an inhabitant of the same state with themselves. Or in other words, they shall vote for two, one or both of whom they know nothing of. An extraordinary refinement this, on the plain simple business of election; and of which the grand convention have certainly the honour of being the first inventors; and that for an offi- cer too, of so much importance as a president; invested with legislative and executive powers, who is to be commander in chief of the army, navy, militia, &c. grant reprieves and pardons, have a temporary negative on all bills and resolves, con- vene and adjourn both houses of congress, be su- preme conservator of laws, commission all officers, make treaties, &c. &c. and who is to continue

four years, and is only removable on conviction of treason or bribery and triable only by the senate, who are to be his own council whose interest in every instance runs parallel with his own; and who are neither the officers of the people, nor accountable to them. Is it then become necessary, that a free people, should first resign their right of suffrage into other hands besides their own, and then, secondly, that those to whom they resign it, should be compelled to choose men, whose persons, characters, manners, or principles they know nothing of; and after all, (excepting some such change as is not likely to happen twice in the same century) to intrust Congress with the final decision at last? Is it necessary, is it rational that the sacred rights of mankind should thus dwindle down to Electors of electors, and those again electors of other electors; this seems to be degrading them, even below the prophetic curse denounced by the good old patriarch, on the offspring of his degenerate son; servant of servants" &c
Art. 1. Sec. 4. "The times, places, and manner of holding elections for Senators, and representatives, shall be prescribed in each State, by the legislature thereof; but the Congress may, at any time by law, make or alter such regulations, except as to the place of choosing Senators. Whether this clause gives Congress a power to call the people of Georgia to choose their representatives in the city of Boston, and on the twentieth of December, and so of every other State, I leave to be determined by better judges of language than myself: however, I believe I shall not be a miss in asserting, that it invests them with power to appoint the time of choosing Senators, at the greatest possible distance from the usual, and perhaps constitutionally appointed time of meeting for the purpose of legislation: This latter in large States, or newly settled countries amounts to little less than a peremptory exclusion of all members of legislature, in exterior districts; who from their situation, are less liable to corruption: the former, if true, would put it into the power of a few, a very few! to appoint representatives for the whole continent: and both together, tend to perpetuate the authority, not only of the same men, but also of their heirs for ever. Again, I would ask (considering how prone mankind are to engross power, and then to abuse it) is it not probable, at least possible, that the president who is to be vested with all this demi-omnipotence, who is not chosen by the community, and who consequently, as to them, is irresponsible, and independent; that he, I say, by a few artful and dependant emissaries in congress, may not only perpetuate his own personal administration, but also make it hereditary: that by the same means, he may render his suspensive power over the laws, as operative, and permanent, as that of G. the 3d over the acts of the British parliament: and under the modest title of president, may exercise the combined authority of legislation, and execution, in a latitude yet unthought of: or, that upon his being invested with those powers a second, or third time, he may acquire such enormous influence, as, added to his uncontrollable power over the army, navy, and militia; together with his private interest in the officers, of all these different departments, who are all to be appointed by himself, and so his creatures, in the true political sense of the word; and more especially when added to all this, he has the power of forming treaties, and alliances, and calling them to his assistance; that he may, I say, under all these advantages, and almost irresistible temptations, on some pretended pique, haughtily, and contemptuously, turn our poor tower house, (the only shadow of liberty we shall have left) out of doors, and give us law at the bayonets point: or may not the senate, who are nearly in the same situation, with respect to the people, from similar motives, and by similar means, erect themselves easily into an oligarchy, towards which they have already attempted so large a stride; to one of which channels, or rather to a confluence of both, we seem to be fast gliding away; and the moment we arrive at it-----farewell liberty.
This leads me to Art. 1. Sec. 9. "The migration or importation of such persons, as any of the States now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808; (twenty years hence) but a tax, or duty may be imposed on such importation, not exceeding ten dollars for each person. An excellent clause this, in an Algerine constitution: but not so well calculated (I hope) for the latitude of America. It is not to be disguised, that by "such persons," slaves are principally, if not wholly intended: and shall this be
found among the principles of a free people, and making a radical part of the grand base, on which they would erect an edifice sacred to liberty. Tell it not in Gath! "O that no envious surge might ever roll it to the eastern side of the Atlantic! O happy Africans! what have they done? Have they murdered our citizens or burnt our settlements? Have they butchered, scalped, and exhausted every device of torture, on our defenceless women, and innocent children; as the savage merchants of our own country have done? No, no! Then, why deprive them of the greatest of all blessings, liberty, without which, "says Dr. Price man is a beast, and life a curse; while coward-like, we cower, cower, and cringe to our murderers. Ignorant, and comparatively innocent, till we taught them the diabolical arts of destruction, captivity, and death; and provided them with the infernal means of carrying them into practice; and all this to furnish ourselves with slaves, at the guilty expence of times, of the blood of, ten times the number of those thus enslaved, who lost their lives in the gallant, the virtuous defence of themselves, and families. Has this guilt ever been atoned? and do we boast of being advocates for liberty? Shocking absurdity! More absurd still that a licence for such an execrable trade, should be radically woven into, and become an essential part of our national constitution, a constitution, formed by a chosen assembly of our most eminent and respectable citizens; and where a personage presided, second to no individual of the human family.
The boast of America.---The wonder of Europe.--- O liberty! O virtue! O my country.
Tell us, ye who can thus, coolly, reduce the impious principle of slavery, to a constitutional system: ye professed violators of liberties of mankind: where will ye stop? what security can you give, that, when there shall remain no more black people, ye will not enslave other, white as yourselves? when Africa is exhausted, will ye spare America? and is not twenty years (taking into the account the stain with the more unhappily captives, victims to perpetuate at slavery sufficient to depopulate her inmost forests? Or is this only an til boiling prelude, founded in the ears, and designedly introductory to the fate of these (yet unhappy) states, who gave you existence; and who even now, while you are thus ungratefully soaring toward the summit of Avarice, are honouring you with their confidence? I shudder at the category, he! awake my fellow citizens! and let this infamous clause, together with the principle which gave it birth, be not only expunged out of your constitution: but contemned, eradicated, torn from your heart forever.
To conclude, I can think of but one source of right to government, or any branch of it; and that is the people. They, and only they, have a right to determine whether they will make laws, or execute them, or do both in a collective body, or by a delegated authority. Delegation is a positive actual investiture. Therefore if any people are subjected to an authority which they have not thus actually chosen; even though they may have tacitly submitted to it, yet it is not the legitimate government: they are wholly passive and as far as they are so, are in a state of slavery. Thank heaven we are not yet arrived at that state; and while we continue to have sense enough to discover and detect, and virtue enough to detect and oppose every attempt, either of force or fraud, either from without or within, to bring us into it, we never will.
Let us therefore continue united in the cause of rational liberty. Let unity and liberty be our mark as well as our motto: for only such an union can secure our freedom; and division will inevitably destroy it. Thus a mountain of sand may peace meal be removed by the feeble hands of a child: but if consolidated into a rock, it mocks the united efforts of mankind, and can only fall in a general wreck of nature
REPUBLICUS.
LEXINGTON.
By general Wilkinson who arrived here on Sunday last we are informed of the breaking up of the Ohio river, we therefore expect boats will immediately be coming down. Also that the winter to the Eastward has been extremely severe.
The accounts published in our last of the Indians having taken horses from Mr. Elijah Craigs on Elk horn was a mistake, there was only five or six taken instead of fifteen, and them from Cane run, five or six miles from Mr. Craigs,
X I have been told that a certain Jordan Harris asserted in a public and very positive manner, that I had acknowledged myself a liar and a scoundrel, in a letter to m.j. Crutcher. This letter was merely private, but since the motive which produced it, and the matter it contains have been both mistaken and misrepresented, I demand a publication of the genuine letter from under my own hand, the public will then see who is the liar and the scoundrel.
H. MARSHALL.
TO BE RENTED
By the month or year, and entered on immediately, a lot in the town of Lexington conveniently situate on high street with a good pailed garden, convenient dwelling house kitchen &c. For terms apply to the printer hereof, or the subscriber at the town of Hopewell.
THOMAS WEST.
THE subscriber takes this method of informing the publick in general and his acquaintance in particular that he has opened a tavern in Lexington on Main-street two doors above Cross-street. He flatters himself that he will give general satisfaction to those gentlemen who may favour him with their custom, as he will be careful to provide good entertainment for man and horse, and the closest attention to the business will be the study of the public's humble servant.
HENRY MARSHALL.
THE subscriber takes this method to inform his creditors that on the first tuesday in march next at Jefferson court-house at the Rappids of Ohio, he means to exhibit his property for the pay of his debts. All those who have any demands against him, will please to attend.
JOHN WILLIAMS.
THE public should be cautious how they deal with a certain capt. John Martin of Lincoln county, as that man has lately taken advantage of the law in pleading the limitation act, and that only, because he has been indulged nearly three years. This I hope will be a sufficient warning to the citizens of Kentucky particularly those in business.
Danville, Dec. 4, 1787. M. NAGLE.
N. B. He says I owe him, let him produce his account proved, and then I will give him credit on the execution I have against him. M. N.
I have for Sale on Cumberland river, and the waters thereof.
FIFTY THOUSAND
Acres of land, of the first and second quality, at fifty pounds per. thousand. Good titles will be made the purchasers. Apply to the subscriber or his Agent at Nashville Cumberland settlement N. Carolina during the present year.
Feb. 21, 1788
JOSHUA HADLY.
LEXINGTON: Printed and Sold by JOHN and FIELDING BRADFORD, at their PRINTING-OFFICE in Main Street, where subscriptions (at 18/ per. Ann.) Advertisements &c. for this paper, are thankfully received, and PRINTING in its different branches done with Care and Expedition. Advertisements of no more length than breadth, are inserted for 3/ the first time and 2/ each time after and longer ones in proportion.