The Kentucky gazette (Lexington [Ky.]), 1799-01-16 00:00:00

OBSERVATIONS
ON JUDGE ADDISON'S CHARGE TO THE GRAND JURY, ON THE LIBERTY OF THE PRESS.
THIS celebrated judge after having by a long chain of reasoning, the correctness of which I shall not at present examine; stated the absolute necessity of punishing in a most exemplary manner, libels against the officers of government, as well as those against private persons; and after having laid down as law several positions, the propriety of which I by no means admit, altho' I shall not now investigate them, because it is not necessary for my present purpose, to do so: speaks in the following terms. "As grand juries hear evidence only on behalf of the prosecution and in indictments for libels, as in other cases the jury determine the law and the facts under the direction of the court, (that is, conforming to this direction in point of law, have a right to give a general verdict,) the grand jury generally speaking, cannot ascertain whether the libelous matter be true or not; but if the making or publishing the libel, be proved, they will find the bill, and on the trial before the traverse jury, the court will direct whether evidence of the truth be admissible or not, and whether the matter be libelous or not; and under the direction of the court, the traverse jury will determine the law and the fact."
Before I examine the positions contained in this part of his charge, it will be of service to enquire into the original cause of the institution of the trial by jury; its importance to the secure enjoyment of our most valuable rights and privileges; and the extent to which the powers of a jury must be carried, to make that trial a real security, and not a nominal one only. And in doing this, as well as in the subsequent parts of these observations, I shall quote freely from the writings of others; because I am conscious that they have expressed the proper ideas upon this subject, in a much more forcible manner than I could do; and because I with my readers to be satisfied, that I am not attempting to impose upon them new or dangerous doctrines. Sir William Blackstone, says, "the trial by jury has been of time out of mind in this nation and seems to have been coeval with the first civil government thereof. Its establishment however and use in this island of what date soever it be, though for a time greatly impaired and shaken, by the introduction of the Norman trial by battle, was always so highly esteemed and valued by the people that no conquest, no change of government, could ever prevail to abolish it. In Magna Charta it is more than once insisted on, as the principal bulwark of our liberties. And it was ever esteemed in all countries a privilege of the highest and most beneficial nature." The same author says, a knowledge of the law respecting juries is, "a species of knowledge most absolutely necessary, for every gentleman in the kingdom; as well because he may be frequently called upon to determine in this capacity on the rights of others, his fellow subjects; as because his own property, his liberty and his life, depend upon maintaining in its legal force, the constitutional trial by jury." The same author says, "upon these accounts the trial by jury ever has been, and I trust ever will be looked upon as the glory of the English law; and if it has so great an advantage over others in regulating civil property, how much must that advantage be heightened when it is applied to criminal cases; but this we must defer to the ensuing book of those commentaries; only observing for the present, that it is the most transcendent privilege which any subject can enjoy, or with for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals. A constitution that I may venture to affirm has, under providence secured the just liberties of this nation, for a long succession of ages. And therefore a celebrated French writer who concludes that because Rome, Sparta, and Carthage have lost their liberties, therefore those of England in time must perish, should have recollected, that Rome, Sparta, and Carthage, at the time
when their liberties were lost were strangers to the trial by jury. Great as this eulogium may seem, it is no more than this admirable constitution, when traced to its principles, will be found in sober reason to deserve. The impartial administration of justice, which secures both our persons and our properties, is the great end of civil society. But if that be entirely intrusted to the magistracy, a select body of men, and those generally selected by the prince, or such as enjoy the highest offices in the state, their decisions in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity; it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many." The same author says, "It is therefore upon the whole a duty which every man owes to his country, his friends, his posterity, and himself to maintain to the utmost of his power this valuable constitution in all its rights; to restore it to its antient dignity, if at all impaired by the different value of property, or otherwise distorted from its first institution; to amend it, whenever it is defective; and above all, to guard with the most jealous circumspection, against the introduction of new and arbitrary methods of trial, which under a variety of plausible pretences may in time imperceptibly undermine this best preservation of English liberty." The same author says, "the equity and excellence of this trial, for the settling of civil property, has before been explained at large. And it will hold much stronger in criminal cases; since in times of difficulty and danger more is to be apprehended from the violence and partiality of judges appointed by the crown in suits between king and the subject than in disputes between one individual and another, to settle metes and boundaries of private property. Our laws have therefore wisely placed this strong and twofold barrier, of a presentment and trial by jury between the liberties of the people and the prerogative of the crown. It was necessary for preserving the admirable balance of our constitution to vest the executive power of the laws in the prince; and yet this power might be dangerous and destructive to that very constitution, if exerted without check or controul, by justices of oyer and terminer occasionally named by the crown; who might then, as in France or Turkey, imprison, dispatch or exile any man that was obnoxious to the government, by an instant declaration that such is their will and pleasure. But the founders of the English laws have with excellent foresight contrived that no man should be called to answer to the king for any capital crime unless upon the preparatory accusation of twelve of his fellow subjects the grand jury; and that the truth of every accusation, whether preferred in the shape of indictment, information or appeal, should afterwards be confirmed by the unanimous suffrage, of twelve of his equals and neighbors indifferently chosen, and superior to all suspicion. So that the liberties of England cannot but subsist so long as this Paladium remains sacred and inviolate not only from all open attacks (which none will be so hardy as to make) but also from all secret machinations which may sap and undermine it, by introducing new and arbitrary methods of trial, by justices of the peace, commissioners of the revenue and courts of conscience." Towers, "on the rights and duty of juries," says, "the right of trial by jury, is of infinite importance to the liberty of the subject. It cannot be guarded with too much vigilance, nor defended with too much ardor. No part of the power of juries should be given up to the claims or usurpations of any body of men whatever. The rights of jury-men should in all cases be resolutely asserted, whether they be attacked by open violence, or whether the arts of legal chicane be adopted, in order to render them useless and nugatory. But if juries should ever be tame and senseless enough to give up the right of determining the law as well as the fact, in libel causes, the liberty of the press is then wholly at the discretion of the judges."
De Lome says, "Since all judicial power is an evil, though a necessary one, no care should be omitted to reduce, as far as possible, the dangers
of it. And as there is, however, a period at which the prudence of man must stop, at which the safety of the individual must be given up, and the law is to resign him over to the judgment of a few persons; that is, to speak plainly, to a decision in some sense arbitrary, it is necessary that this law should narrow as far as possible, this sphere of peril, and so order matters, that when the subject shall happen to be summoned to the decision of his fate by the fallible conscience of a few of his fellow creatures, he may always find in them advocates, and never adversaries." The same author says, "And as the main object of the institution of the trial by jury is to guard accused persons against all decisions whatsoever by men invested with any permanent official authority, for laws are intended, not to trust to what men will do, but to guard against what they may do; it is not only a settled principle, that the opinion which the judge delivers, has no weight but such as the jury choose to give it, but their verdict must besides comprehend the whole matter in trial, and decide as well upon the fact, as upon the point of law that may arise out of it: in other words, they must pronounce both on the commission of a certain fact, and on the reason which makes such fact to be contrary to law: unless they choose to give a special verdict. This is even so essential a point, that a bill of indictment must expressly be grounded upon those two objects." I has an indictment for treason must charge, that the alleged acts were committed with a treasonable intent. The principle that a jury is to decide both on the fact, and the criminality of it, is so well understood, that if a verdict were so framed, as only to have for its object the bare existence of the fact laid to the charge of the prisoner, no punishment could be awarded by the judge in consequence of it. Juries are even so uncontrollable in their verdict, so apprehensive has the constitution been, left precautions to restrain them in the exercise of their function, however specious in the beginning, might in the issue be converted to the very destruction of the end of that institution, that it is a repeated principle, that a juror in delivering his opinion, is to have no other rule but his opinion itself; that is to say, no other rule than the belief which relates to his mind from the facts alleged on both sides, from their probability, from the credibility of the witnesses, and even from all such circumstances as he may have a private knowledge of." The same author says, "In a word, the constitution of England being a free constitution, demanded from that circumstance alone (as I should already have too often repeated, if so fundamental a truth could be too often urged,) extraordinary precautions to guard against the dangers which unavoidably attend the power of inflicting punishments, and it is particularly when considered in this light, that the trial by jury proves an admirable institution. By means of it, the judicial authority is not only placed out of the hands of the man who is vested with the executive authority—it is even out of the hands of the judge himself. Not only the person who is trusted with the public power cannot exert it, till he has, as it were, received the permission to that purpose, of those who are set apart to administer the laws; but these latter are also restrained in a manner exactly alike, and cannot make the law speak, but when, in their turn, they have likewise received permission." This author concludes his observations on this subject, thus: "All these circumstances have combined to introduce such a mildness into the exercise of criminal justice, that the trial by jury is that point of their liberty to which the people of England are most thoroughly and universally wedded: and the only complaint I have ever heard uttered against it has been by men, who, more sensible of the necessity of public order, than alive to the feelings of humanity, think that too many offenders escape with impunity."
From the reasoning contained in these quotations we must receive the most satisfactory evidence of the excellence and importance of the trial
by jury; and we must feel with Blackstone, the fullest conviction, that every thing that can be said in favor of this mode of trial in civil cases, will hold much stronger in criminal cases: "since in times of difficulty and danger, more is to be apprehended from the violence and partiality of the judges appointed by the government," on prosecutions carried on in the name of the public against a citizen, than in disputes between one citizen and another, respecting property. And the security really given to the citizen by this mode of trial is, that he shall not be put to answer for any crime, but upon the "preparatory accusation" of twelve or more of his fellow citizens, the grand jury; and that he shall not be adjudged to be guilty of the crime of which he is accused, by judges liable to be influenced by partiality in favor of those who administer the government, (by whose orders the prosecution is carried on,) but only by the unanimous suffrage of twelve of his equals and neighbors, indifferently chosen, and free from all suspicion. The permitting the judges to have any share in deciding on the guilt of the accused, would also deprive him of the benefit of the compassion and mercy of our law, by which unanimity in the jury is required. For the law is so far from wishing the conviction of the innocent, that it has declared, that if his offence is not proved beyond all possibility of doubt in the most scrupulous juror, that the jury should err on the side, and a single veto be sufficient to prevent him from being found guilty. But as far as the deciding on his guilt is left to the judge, a single voice may decide against him, and twelve jurymen who are not liable to the suspicions, to which that judge is subject, must concur in finding him guilty, even against their consciences. As therefore, the power of deciding on the innocence or the guilt of the person accused, is vested by law, in the jury, instead of giving it to the judge, for the protection of innocence and liberty, and as the only effectual security against corruption and partiality in trials upon criminal accusations; to give real effect to the design of this institution, juries must be considered as having full power given to them by law, to judge whether the accused has been really guilty of the offence with which he is charged; and every attempt which is made by judges to take to themselves any share in deciding on the guilt of the person accused, is illegal, corrupt and unconstitutional. Having said so much as to the trial by jury in criminal cases, to make the doctrine applicable to the case under consideration, it need only be asserted, because it cannot be denied, that a prosecution for a libel is a criminal case.
And it is well known to all who are conversant with the history of criminal prosecutions, that there is no species of criminal prosecution, which is generally carried on with as much eagerness and rancor, by those who administer the government; and none in which judges have discovered as much partiality in favor of prosecutors, as in prosecutions for libels. The first are stimulated by pride, ambition, hatred and a thirst of revenge, to exert every effort to procure the punishment of those who expose to the world their follies, vices, neglects of duty, illegal assumptions of power and iniquitous views; the last find no cases in which their services will be considered as equally meritorious, or in which they will be as gratefully received, by those in power, as in those prosecutions, where every passion which can inflame the mind of man, stimulates them to endeavor to make the prosecution successful. It is therefore, in these prosecutions, that the judges oftentimes give way to that bias which Blackstone, says they will involuntarily feel to favor those in power and to promote the views of the few at the expence of the many; and for this reason also the law has been circumspect in confining the power of the judges, as much in these prosecutions as in any other criminal prosecutions whatsoever.
In that part of the judge's charge which I have already quoted, he insists upon the following positions as being

clear law; 1st. That if the making or publishing the paper which is charged in the indictment, to be a libel, be proved, the grand jury must find the bill; 2d. That on the trial before the traverse or petty jury, the court has a right to direct whether evidence of the truth of the matter contained in the paper be admissible or not; 3d. That the court has also a right to direct whether the matter be libelous or not; and 4th. That under the direction of the court, the petty jury may determine both the law and the fact, but that the petty jury has no right to give a general verdict, unless they make that verdict conformable to the direction of the court in point of law. To turn these positions of the judge, into plain & intelligible English they amount to this; 1st. That if the printing or publishing the paper be proved to the grand jury, they must, upon their oaths, declare it to be a false, scandalous and malicious libel; altho they may of their own knowledge know the facts stated in it to be true; or, altho they may be satisfied that if they are not true, that the publishing of them is no real offence against law; or, altho they may be satisfied that if the publishing of them was an offence at all, that that court had no right to take cognizance of it, because congress, under whose authority they act, had no right to legislate concerning it: and they must do all this, notwithstanding the indictment which they are to find to be a true bill, must necessarily state, that the offence was committed against the act of congress "in that case made and provided." The accusation being thus legally found to be true by the grand jury, the judge says, 2d. That when the petty jury comes to try the person accused, that unless the court shall direct it to be admitted in that particular case, the person accused shall not be at liberty to prove the truth of the matter stated in the writing, altho that would be his only means of repelling the charge brought against him; and altho the jury is by their verdict to swear that it is "false, scandalous and malicious." 3d. That the court has the sole right to determine whether the matter contained in the writing be libelous or not, or, in other words, whether the person accused has been guilty of any offence, altho the jury is to pronounce him guilty or not guilty by their verdict; and 4th. That altho the jury is to pronounce him guilty or not guilty by their verdict, given in on oath, they have no right to deliver such a verdict, unless they conform to the directions of the court as to the criminality of the matter contained in the paper; and this, after the court had refused to let the person accused, give the truth of the matter in evidence; and altho the jury might be convinced that the publication itself was a meritorious act, and not an offence; or that if it was an offence, that that court had no legal jurisdiction over it. If these positions of the judge are really law, on what are the eulogiums which have been so liberally and enthusiastically bestowed on the trial by jury, founded? Where are the additional chances, which, by the means of the two juries, the law intended to give to the accused, to establish his innocence? Where is his safety from the laws requiring his jury to be unanimous? Where is the protecting power of his jury, to shield him against the partiality of his judge, who the law fears would rather be inclined to favor the prosecution, and those who set it on foot, than to do justice to the accused; And where is that security which the law intended for innocence, when it declared that no citizen should be deemed guilty of an offence until he shall have been declared to be so by twelve of his peers, who, having the same interest with him, and being liable to be tried in the same way, will never from any undue bias or corrupt motive, pronounce him guilty of an offence, unless he shall from every part of the charge taken together, appear to be so beyond all possibility of doubt? Where are the powerful jurors, made so by the law, because the accused would always find in them "advocates?" They are no more—their powers are delivered over to the judge, to whom the law refused to trust them, because if they were in his hands, the accused would too generally find them exercised by an "adversary." If this "palladium of our liberties" wants all these necessary parts to make it answer the purpose for which it was originally designed, it badly merits the
praises bestowed on it, and instead of affording any real security to innocence unjustly accused, or any protection against arbitrary and corrupt judges, it would render them still more arbitrary, and give still greater scope to their corruption, by making juries subservient tools, always bound under the direction of the judge, to pronounce that sentence of guilt, which the judge himself would often not dare to give from the bench. If this really the law respecting juries, we may still boast of this palladium of our liberties, but it will prove to be merely an empty boast, and not a real security to them. That security cannot arise from the mere name of a jury; it is not the semblance of a jury that can give it, but such a jury as shall have power sufficient to guard our lives and liberties against the partiality or corruption of judges. If the power of judges to decide on the guilt of the accused, was formerly an object of terror to our ancestors; the power which is now demanded for them, of directing the jury on the question of criminality, ought to strike us with horror; as it will equally compass the destruction of our liberties, and will besides, give the sanction of juries to our unjust condemnation.
If therefore these things are law they are so evidently contrary to the intention of the trial by jury, they so absolutely do away that security, which our ancestors intended to provide, for themselves and us by that trial; that we ought not to lose a moment in demanding that the law should be changed in these particulars. But a proper examination of these positions of the judge will prove, that they are not only not supported by law, but that they are contrary to the clearest, the most undeniable, and the most important legal principles; and therefore that this is one of those cases in which, Blackstone tells us "that secret machinations will be made use of, to sap and undermine this Palladium of our liberties, by those who wish to destroy it, and who dare not attack it openly." I would wish for no better authority to prove that these positions are not law, than what he says in his charge immediately after the passage which I have quoted; he expresses himself thus: "If a traverse jury should determine that a paper is a libel, which is not, and convict a man who has committed no offence, the court has a controul over their verdict, by granting a new trial, or arresting judgment. But if the jury determine that a libel is no libel, and acquit a man really guilty of an offence, the court have no controul over this verdict: for a man acquitted of a criminal charge, can never, be tried again on the same charge." For when he declares that the court has no controul over a verdict of not guilty, given contrary to its directions, and that a man acquitted by such a verdict, could never be tried again on the same charge he admits that the jury had a right to find such a verdict contrary to the direction of the court; and that such a verdict when found, would be a legal verdict: because the court has a controul over every illegal verdict and because no illegal verdict can be a sufficient foundation upon which a legal judgment of acquittal can be entered. The control which the judge says the court has over the verdict of a jury, "if it should determine that a paper is a libel, which is not, and convict a man who has committed no offence, by granting a new trial;" is an additional proof of the great care of the law, for the preservation of innocence unjustly accused. For altho the law confers a jury generally, as the most uncorrupt tribunal that could be established, yet, to guard against the possibility even of a jury's giving an unjust verdict against a person accused, it has permitted the court when this appears to be the case, to set aside that verdict, and by a new trial, to give the person accused, a chance for an honest jury. This, when added to that part of the charge which I have already observed on, proves, that the law is so far from intending to give a court power to decide against a person accused, on the question of his guilt, that it expressly forbids its interference, except in the single case, where it is necessary to give such a power to the court, to prevent his being unjustly convicted of an offence. The court is therefore trusted by law, with power sufficient to protect an innocent man from a corrupt jury, but with no power to compel an honest jury to find an innocent man guilty.
These absurdities and contradictions which appear in this charge are not confined to this judge; all must be guilty of them, who lay down doctrines for the purpose of destroying or undermining the trial by jury which are so inconsistent with the general principles of our law, and with the ends for which that trial was instituted.
If the judge will attempt to support these positions of his, as being conso-
nant to sound legal principles, he shall be answered; if he does not, it will be evident, that he delivered them on the bench with an expectation, that their being delivered on that bench, where nothing but undoubted truth and law should be uttered, would make them pass current, and stifle all enquiry into their propriety.
A LAWYER, Who does not wish to be a Judge. (To be continued.)
Lexington, January 16.
We have this week to apologize to our readers for the barrenness of our paper—Yet, an apology is unnecessary, when we inform them that TREE MAILS ARE NOW DUE, and that we received none this week, neither eastern or southern.
Timoleon is unavoidably postponed—it shall appear as soon as convenient.
FOR SALE,
Two hundred and fifty acres of Military Land, LYING in Woodford county, on the road leading from Woodford court house, to Delany's ferry, six miles from the former, and two from the latter—about forty acres cleared, a good peach orchard, and a hewed log dwelling house, with a shingle roof. For further information, apply to Mr. Thomas Bullock, near the premises, or to the subscriber, living in Shelbyville. 3t WINGFIELD BULLOCK.
TAKE NOTICE
THAT I gave a bond to Thomas Carlan, in 1768:—the bond I have nearly paid off—the balance I am determined not to pay, as the said Carlan will not come to a settlement with me, and there is an other person that has a claim to a small part of the land I gave this bond for. *3t RICHARD TAYLOR.
Ten Dollars Reward
FOR apprehending and securing Thomas Fletcher, who deserted from a detachment of recruits under my command at this place, on the 31st of December, 1798. He was born in Wythe county, in the state of Virginia, nine teen years of age, six feet two inches high, dark complexion, smooth face, black short hair and black eyes—took with him one pair regimental woolen overalls, one shirt, a striped surcoat, nearly worn out and a short clouded nankeen coat. JONA. TAYLOR, Lieut. 4th regt. Commdg. Winchester, Rendez. (Kentucky.) 4t
FOUND
ON the road leading from Georgetown to Lexington, a RED MOROCCO POCKET BOOK, containing sundry papers, and two rings, which appear to be the property of Messrs. Smith and Campbell, of Scott or Woodford county.—The owner may get information by applying at the office of the Kentucky Gazette. January 10th, 1799.
NOTICE
THAT commissioners appointed by the court of Garrard county, will meet on the first day of March next, if fair, if not, on the next fair day, on Back creek, at the big spring where Samuel Rice formerly lived, there to perpetuate the testimony of sundry witnesses concerning the improvements of John Bruce, assignee of Thomas Pettit, and do such other acts as the law directs. JOHN BRUCE. Garrard county, } January 8th, 1799 }
GINSENG.
A GENEROUS price will be given in merchandise for a quantity of good well dried GINSENG BY the subscriber in this place, and OTHO BEATTY & Co. in Frankfort, from this time forward, until the middle of March next. C. BEATTY. Lexington, January 10, 1799. tf
The Subscriber
RESPECTFULLY informs the public in general and his friends in particular, who have been kind enough heretofore to favor him with their custom, that he has moved a small distance north of the court house, on the same street where he formerly lived, where he will keep the sign of the
AMERICAN EAGLE,
And is very commodiously situated to accommodate travellers, boarders, and such as may please to call on him. His furnishing his house and stables from the produce of his own plantation, together with his steady attention in the line of his business, will enable him to keep at least a regular and plentiful supply; he hopes therefore, to be able to do such justice to those who may favor him with their custom, as to merit a continuance of their favors. JOHN HUNTER. Georgetown, January 12th, 1799. tf
TAKEN up by the subscriber, living in Montgomery county, near
Springfield meeting house, a bay horse 14 years old, 14 hands and a half high branded on the near shoulder thus M, and on the near buttock D, both hind feet white, some saddle spots, a star in his forehead, appraised to 15 dollars. JAMES MC'LANATHEN. October 19, 1798.
TAKEN up by the subscriber, on Chaplain fork, Nelson county, a bay horse with a star in his forehead, about fourteen hands one inch high, eight or nine years old, appraised to 16l.
WILLIAM MORGAN. May 14, 1798.
TAKEN up by the subscriber, upon the waters Dry run, Scott county, a black colt, two years old, branded on the near shoulder DH, off hind foot white appraised to 8l.
SAMUEL DEHAVEN.
FOR SALE,
Several Small Tracts of very Valuable LAND, and of incontestible Title, (viz:)
MILITARY LANDS IN THE STATE OF TENNESSEE.
360 Acres, comprehending three tracts of 120 acres each, adjoining the southern boundaries of an addition to the town of Clarksville, of the eastern bank of the river Cumberland, with a fine spring of water in each of the said tracts. 46 town lots, and out lots, being part of 36 town lots and out lots in the aforesaid addition to the town of Clarksville.
53 separated out lots of two acres each, being part of 55 out lots, lying on the east side of the aforesaid addition to the town of Clarksville, reserved for the accommodation of the purchasers of the town lots, during the term of 18 months from November last.
IN THE ILLINOIS GRANT, N. W. TERRITORY.
200 acres, being part of a 500 acre survey No. 126, granted to John Moore, as serjeant of artillery in the Illinois regiment, by a deed of the trustees of said grant.
LANDS LYING NEAR THE VILLAGE KASKASKIA.
In the Illinois district, now county of St. Clair, N. W. Territory, granted by court or commandant for the state of Virginia, in 1783.
1440 acres, viz. 360 in 8 grants of 120 acres—480 in 2 grants of 240 acres; joined together on the east side of the river Kaskaskias, opposite the village of the same name.
364 acres bounded on the front by the said river Kaskaskias.
3880 ditto, comprehending 10 grants in the year 1784, lying together on the west side of the river Kaskaskias, above and near the village of the same name.
360 ditto, bounded on the north by the aforesaid 10 grants.
Also one lot in the town of Kaskaskias, pleasantly situated near the bank of the river.
For further information apply to
P. D. ROBERT.
Who has for sale 450 lbs. of very good GUN POWDER.
Lexington, April 4, 1798. tf
STATE OF KENTUCKY.
Lexington District Court;
October term, 1798.
John Kay, complainant,
AGAINST
Benjamin Fisher, defendant,
In Chancery.
THE defendant not having entered his appearance herein agreeable to law, and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this state—on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third day of our next March term, and answer the complainant's bill; that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, published some Sunday immediately after divine service at the door of the Presbyterian meeting-house, and a copy posted up at the door of the court-house in the county of Fayette.
A copy. Teste, Thos Bodley, Clk.
JOHN JORDAN, JUN.
HAS JUST RECEIVED A LARGE QUANTITY OF
MADEIRA, SHERRY, LISBON, & PORT, } WINES. 21
ALSO,
SPIRITS AND BRANDY.
Of a superior quality, which he purposed selling very low for Cash.
FOR SALE,
FORTY THOUSAND acres of land, lying on Licking.
3,350, ditto in Jefferson county, on the waters of Bear Grass.
1000 acres of a pre-emption in Shelby county, Foxe's run.
400 acres adjoining the pre-emption.
1000 acres on the Ohio, Jefferson county.
2,500 on the Ohio, Mason county.
2000 do. do.
4200 acres on the Beech Fork, Nelson county.
2,333 1-3 acres on Fern creek, Jefferson county.
7000 acres on Rough creek, Hardin county.
4,300 acres in Mason county, on the Ohio.
450 acres on Green-river, Lincoln county.
750 acres on Cox's creek, Nelson county.
1000 do. near the Kentucky river, Woodford county.
The greater part of the above lands I will sell very low for the next crop of tobacco, wheat, flour, hemp or merchandise.
SAMUEL P. DUVALL.
April 1st, 1798. tf

HOUSES FOR SALE.
Will be sold at public auction, at this court house in Lexington, on the 11th of February next, being court day, on a credit of three months, that elegant and commodious house (in which Mr. Benjamin S. Cox formerly lived) and lot, situate and fronting on High-street, being four poles in front, and extending back to Water-street 13 poles. On that part of the lot, fronting Water-street, is erected a large stone house, a principal part of the carpenter work in said house completed. A stone spring-house, with an excellent and never-failing spring. This property is very valuable, and in point of situation, is equal, if not superior, to any in Lexington. An indisputable title will be made to the purchaser.
JAMES MORRISON.
Lexington, January 10th, 1799.
FAYETTE COUNTY.
November court of Quarter Sessions, 1798. Percival Butler complainant.
AGAINST
James Wilkinson, John Fowler and James Blair, defendants.
IN CHANCERY.
THE defendant James Wilkinson, not having entered his appearance agreeable to law, and the rules of this court, and it appearing to the satisfaction of this court that he is no inhabitant of this state, on the motion of the complainant by his counsel it is ordered that the said defendant do appear here on the second Monday in March next, and answer the bill of the complainant, that a copy of this order be forthwith published in the Kentucky Gazette for two months successively, and some Sunday immediately after divine service, at the door of the Presbyterian meeting house in the town of Lexington, and another copy to be posted at the door of the court house of this county.
(A Copy.) Teste.
LEVI TODD, Clk. F. C.
FAYETTE COUNTY.
Court of Quarter Sessions, November, 1798. John Luke, complainant,
AGAINST
George Kyger, defendant,
IN CHANCERY.
THE defendant not having entered his appearance agreeable to law and the rules of this court, and it appearing to the satisfaction of this court that he is no inhabitant of this state: On the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the second Monday in March next, and answer the bill of the complainant; that a copy of this order be forthwith published in the Kentucky Gazette, for two months successively, and some Sunday immediately after divine service, at the door of the Presbyterian meeting house, in the town of Lexington, and another copy to be posted at the door of the court house in this county.
A copy, Teste
LEVI TODD, C. F. C.
TAKE NOTICE,
THAT I shall attend with the commissioners appointed by the county court of Montgomery, on the 18th of February 1799, at a noted place known by the name of Fife lick, on Red river, in said county, to establish the beginning and certain calls in an entry of 400 acres of land, in the name of Joel Collins, then and there to perpetuate the testimony of certain witnesses and to do such other acts as shall be deemed necessary and agreeable to law.
STEPHEN COLLINS.
January 3d, 1799.
TAKE NOTICE,
THAT I shall attend with the commissioners appointed by the county court of Clarke, on the 19th of February 1799, at the Mouth of Copperas creek, known generally by the name of Brash creek, on Red river, in said county, to establish the beginnings and certain calls of two entries made in my own name, one for 500 acres beginning at a ford on Red river, about half a mile above Copperas creek, the other for 200 acres, beginning 20 poles below the mouth of said creek, on said river, then and there to perpetuate the testimony of certain witnesses and to do such other acts as shall be deemed necessary and agreeable to law.
STEPHEN COLLINS.
TAKEN up by the subscriber, living near Bethel meeting house, a brown horse, 7 years old, 14 and a half hands high, a small star in his forehead, some saddle marks, a small bell on with a leather strop and buckle; appraised to 18l.
HUGH MULDROUGH.
October 17.
A CAUTION.
I DO hereby forewarn all persons from taking an assignment on a bond given by me to John Emerson, of Green town, for 300l. dated the 30th day of December, 1797, one half payable on the 20th day of last March and the other half on the 20th day of last November, with a credit on the bond for different payments to the amount of 160l. 12s; as the balance due on the said bond is attached in my hands.
SAMUEL COOPER.
December 31, 1798.
STATE OF KENTUCKY.
Lexington District Court; October term, 1798. John Wilkes Kittera, complainant,
AGAINST
Robert Morris, defendant,
In Chancery.
THE defendant not having entered his appearance herein agreeable to law and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this state—on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third day of our next March term, and answer the complainant's bill: that a copy of this order be forthwith inserted in the Kentucky Gazette, for two months successively, that another be published some Sunday immediately after divine service at the door of the Presbyterian meeting-house in Lexington, and the door of the court-house in the county of Fayette.
A Copy.
Teste,
Thos. Bodley, Clk
PARIS DISTRICT.
October term, 1798. Edward Worthington, complainant,
AGAINST
Daniel Callaghan, John Tittle, Hugh Miller, and Benjamin Harrison defendants.
IN CHANCERY.
THE defendant Daniel Callaghan not having entered his appearance herein agreeable to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that he is not an inhabitant of this commonwealth; on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the third day of the next term, and answer the complainant's bill, and that a copy of this order be inserted in the Kentucky Gazette two months successively, another posted at the court house door of Bourbon county, and published at the front door of the Presbyterian meeting house in Paris, some Sunday immediately after divine service.
(A Copy.) THOMAS ARNOLD, Clk.
TWENTY DOLLARS REWARD.
STRAYED from the subscriber living in the state of Tennessee, Grainger county, Racoon valley, on the north fork of Bull run, the 25th of May last, a black horse, branded thus 2B, on the near shoulder—a little white spot on the near thigh, appears as if it was occasioned by the cork of a horse-shoe—he is nearly sixteen hands high—six years old next spring—with a swab tail. Any person delivering said horse to the subscriber, shall receive the above reward, or ten dollars to any person who will give information where he can be got.
JOHN SALLEY.
November 11th, 1798.
THOMAS REID,
COPPER & TIN SMITH;
INFORMS his friends and the public, that he carries on the above business opposite Mr. Bradfords Printing Office, on Main street; where he will be happy to serve any person who will please to favor him with their custom. Lexington, January 7, 1799.
An active lad, of about fourteen years of age, and of good character, will be taken apprentice.
FOR SALE,
FOUR hundred and twenty-four acres of LAND, lying on the Main branch of Lick creek, patented and surveyed in the year 1788—the title indisputable. For terms apply to the subscriber at Capt. William Allen's, Lexington Produce will be taken in payment.
ROBERT BRADLEY.
LOST,
BETWEEN this place and Maj. Stretherly's, about 7 miles on the Woodford road, a large bundle of papers rolled up in a sheet of parchment, which can be of use to no other person except the loser. The finder can be at no loss to whom they be belong, as the contents will point to the owner. If delivered to the printer hereof a handsome reward will be paid by the subscriber.
THOMAS CARNEAL.
Lexington, 28th December, 1798.
A LIST OF LETTERS.
REMAINING in the Post Office Lexington, which, if not taken out in three months, will be returned to the General Post-Office, as dead letters.
A—Calper Adams, Lexington. Nathaniel Abney, do. Geo. Adams, do. Samuel Ayres, do. Elisha Allen, on the waters Hickman, near Lexington. Mrs. Allen, Lexington. Capt. William Allen, do. Burden Allston, do.
E—Nouleur De Baillup, Lexington. John Breckenridge, do. William Bryant, near do. John Blanton, do. Robert Brooks, Georgetown. Henry Brock, near Lexington. Robert Boggs, near do. Capt. John Bell, South Elkhorn. Mr. Bowls, Georgetown. Joseph Bailenger, between Lexington and Danville.
C—Geo. Clark, Lexington. Jacob Claar, do. James Colquitt, do.
D—Reuben Davidge, care of Dr. Ridgely, Lexington. Dr. Amasa Delano, Mount Sterling. K. Elizabeth Dent, Lexington.
F—Walter Fenwick, at Mr. Cox's Lexington. Joseph Fenwick, do. do. Dr. Charles Freeman Lexington. Dr. James C. Freeman, do. Henry W. S. Field, near do.
G—Saml. Greenup, near Lexington. Mrs. Gray, near do. Thomas Glasgow, Kentucky. James Gay, Stoner, Clarke county. Col. John Grant, Lexington. John Graham, near do.
H—George Hamilton Lexington. Thomas Henderson, Grant's station, near do. Alexander Hall Lexington. James G. Hunter, care of John Jordan, do. John Hollingsworth, Lexington. John Hawkins, clerk of Scott county. Adam Houle, Harrison county. William Hamilton, near Lexington. Samuel Henderson, ditto. Lewis Hiatt, Woodford.
J—Thomas Irvin, near Lexington. Robert Johnson, near Georgetown. Capt. Benjamin Johnson, Scott county, care of Geo. M. Johnson, Lexington. Francis Jones Lexington.
K—Rev'd. Saml. Keen jun. at Mr. Keen's, near Georgetown. John Kennerburg, Fayette county, K. John Kent, care of Maj. Beuminger, lower Blue licks. David Kilgour, lower Blue licks. Maj. Joseph Kennedy, Madison county. Michael or William Kenning, care of Samuel Campbell, Lexington.
L—James Lowery, Lexington. John Leyburn, merchant, do. Samuel Lowery, do. Samuel or William Logan, near do. Capt. Charles Lewis, do. Jacob Leteth, care of George Adkins, do. James Lemon, Georgetown.
M—James M'Keen, near Lex. Humphrey Marshall, Fayette. Col. Thomas Marshall, Woodford county. William Mason, living at Mr. Garman's Georgetown. William Mellegin, care of the revd. Mr. Rankin, Lexington. James M'Coun, Lexington. John M'Nair, do. Thomas M'Clan, do. Wm. M'Camantuo. James M'Gogh, care of captain Purdie, Springfield. Martha Martin, Kentucky. Stephen Miller, near Millersburg. Adam Boyd M'Cordie, near Lexington. Col. Wm. M'Key, Gilbert creek, Lincoln county. Peter Martner, Clarke county.
N—Thomas Newberry, Lexington. Thos. Neven do.
O—Waller Overton, near Lexington.
P—Col. Robert Patterson, Lexington. Afa Pauley, living at Mr. Alexander's, Woodford county. Rev. Mr. David Produt care of rev. Rankin, Lexington. John Phillips, Bourbon county, Cane ridge, Elkhorn.
Q—Isaac Quarles, Woodford county. R—John Rarris, Lexington. George Robertson jun. near do. George Robertson sen. do. do. Stephen Radcliff Woodford county. John Radcliff, from Virginia, Lexington. Capt. George Roach, near Lexington. James Richardson, Kentucky. John Robertson, Lexington. Daniel Ralston, do. George Ranney, Black's old station.
S—Lieut. William P. Smith, Lexington. William Scott, do. Frederick Smivel, do. John Smith do. Amelia Smith, do. John A. Cessler, do. William Spottwood, care of John Scott, do. John Stout, Fayette county. William Sanders, Clarke county, Grassy lick. Samuel and John Scott, Kentucky. William Sanderson, care of John M'Nair, Lexington. Ozwell Smith, saddle tree maker, near do. Anthony Souland, care of John Watkins.
T—Charles Tatham, Lexington. Matthew Tombs, care of John Mansfield do. John Thornton jun. do. John A. Inarp, K. James M. Tepton, care of Green Clay, Madison county. Henry Turpin, Garrard county. Benjamin Turpin, near Winchester, Clarke county. John Tedlock, Madison county.
V—Vanpradelle, Lexington. John Vance, near do.
W—George Weigart, Lexington. Dr. John Watkins, do. James Watson, do. Matthew Wiggins, do. John Williamson, do. Aaron Woodroof, do. Col. Benj. Wauley, Fayette county. Robert Wilson near, Lexington. George Wilton, do. do. Thomas Wilson. Garrard county. William Weible, near Lexington. Richard Wade, Madison county. William Ward, Scott county.
JOHN W. HUNT P. M.
January 1st, 1799.
TAKEN up the subscriber living on Lulubulgrud, in Montgomery county, a dark bay mare, judged to be ten years old, branded on the buttock and shoulder C, with a star and hmp, three feet white, appraised to 25l.
Also a dark bay stud horse, judged to be two years old last spring, with a few grey hairs in his forehead, and hmp on the nose, no brand perceivable, appraised to 13l 10s.
BERRY STRANGE.
November 10th, 1798.
I WISH to inform my customers, and the public in general, that I have moved my fulling mill to a much better fire-ave, and that I expect great dispatch will be made in the business;—and that Mr. Burnit will attend at Mr. Innis B. Brent's tavern, in Lexington, the first day of every court, to receive and deliver cloth.
ELIJAH CRAIG.
January 1st, 1799.
An act for calling a Convention.
§ 1. Be it enacted by the general assembly, that the qualified electors within this state, in the year 1799, shall, at the same time and place, in voting for members to the general assembly, vote for members to represent them in the convention, for the purpose hereinafter directed; and the names of the several counties and judges holding elections, shall in receiving votes, keeping the polls and making their returns for members to the convention, act agreeably to the law entitled "an act concerning elections," and shall be subject to the same penalties as are inflicted by the recited act, for neglect in similar cases. The convention so called shall sit with open doors, and the citizens of this commonwealth be permitted to attend and hear the debates.
§ 2. There shall be elected in each county within this state the same number of representative to the convention as they shall be then respectively entitled to in the house of representatives by law. And the members who shall be so elected, shall continue in appointment for four months from the time of the election, unless the business before them be sooner completed; and shall meet in the state house in Frankfort, on the twenty second day of July, in the year aforesaid. Two thirds of the whole number of members, shall be necessary to constitute a quorum to do business; who after appointing a president and other proper officers, and fixing the rules of procedure, shall take into consideration, the constitution of this state, or present form of government, and the propriety of altering, amending or re-adopting the same.
§ 3. The president and members of the said convention shall receive the same compensation per day, and the same mileage and allowances for ferrage, as the members of the assembly; and shall make such allowances to their officers as they may think necessary; and the auditor shall issue warrants on the treasurer for payment accordingly.
§ 4. And be it further enacted, that the counties of Christian and Warren shall at the next general election, be entitled to vote for one representative, in each county, to serve in the next general assembly; and also in each county to represent them in the convention.
This act shall be in force from and after the first day of March 1799.
NOTICE.
THOSE gentlemen who have subscribed for, and all others who may incline to purchase THE KENTUCKY ENGLISH GRAMMAR, published by S. Wilson, may be furnished at Mr. Bradford's Printing Office in Lexington, Mr. H. Brent's store in Paris, and by the subscriber in Clarke county.
S. WILSON.
January 1, 1799.
TAKEN up by the subscriber, living near Todds ferry, Mercer county, a bay horse, seven years old, fourteen hands high, two white feet on the near side, trots, a small star, appraised to 15l.
WILLIAM M'KEE.
October 23, 1798.
TAKEN up by the subscriber, on Clear creek, near Mr. Wilkin's mill, Woodford county, a bay horse, about fifteen hands high, about eight years old, no brand perceivable, appraised to 18l. 10s.
FRANCIS LEA.
TAKEN up by the subscriber, living on Rose creek, Warren county, a brown mare, fifteen hands high, four year old, with a star in her forehead, neither dock nor brand perceivable, a natural trotter, appraised to 20l.
HUGH MCGARY.
November 19th, 1798.
THE subscriber earnestly requests all persons indebted to him, either by bond, note, or book account, to make payment on or before the 1st day of January next,—Those who fail to comply with this notice, may be assured that their accounts will be put into the hands of proper officers for collection.
JOHN M. BOGGS.
December 9th, 1798.
JOHN JORDAN jun.
HAS just arrived from Philadelphia with a large and extensive ASSORTMENT OF MERCHANDIZE; Which he is now opening and will sell whole sale on moderate terms. Lexington, February 18th, 1799.

STATE OF KENTUCKY.
Lexington District Court;
October term, 1798
Guy Bryan, complainant,
AGAINST
Robert Morris, and John Nicholson, defendants,
In Chancery.
THE defendants not having entered their appearance herein, agreeable to law and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state—on the motion of the complainant by his counsel, it is ordered that the said defendants do appear here on the third day of our next March term, and answer the complainant's bill: that a copy of this order be inserted in the Kentucky Gazette, for two months successively, that another be published some Sunday immediately after divine service, at the door of the Presbyterian meeting-house, in the town of Lexington, and another copy posted up at the door of the court-house of Fayette county.
A copy. Teste,
Thos. Bodley, Clk.
HARDIN COUNTY, (to wit:)
November, Quarter Session court, 1798.
Samuel Rice, complainant,
AGAINST,
David Barbour, defendant.
IN CHANCERY.
THE defendant not having entered his appearance agreeable to law, and the rules of this court, and it appearing to the satisfaction of the court, that he is not an inhabitant of this commonwealth—on motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the first day of the next February term, and answer the complainants bill, or the same will be taken as confessed. That a copy of this order be inserted in one of the Kentucky news-papers for two months successively, and published at the door of John Vertrees's house on some Sunday immediately after the divine service, and a copy set up at the door of the court-house, of Hardin county.
paid (A Copy.) 13/6 Teste.
MORRIS MILES, C. C.
STATE OF KENTUCKY.
LEXINGTON DISTRICT COURT,
October Term 1798.
John Henry, and Milley his wife, late relict and widow of William Elliot deceased complainants.
AGAINST
James Elliot, James Stewart and Ann his wife, Robert, Peggy, William, Jane and Milley Elliot, legal representatives of William Elliot decd. defendants.
IN CHANCERY.
THE defendants James Elliot and William Elliot, not having entered his appearance herein according to law, and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state. Therefore, on the motion of the complainants, by their counsel, it is ordered that the said defendants do appear here, on the fourth day of our next March term and answer the bill of the complainants, that a copy of this order be forthwith inserted in the Kentucky Gazette, for two months successively—another posted at the door of the court house of Fayette county, and that this order be published some Sunday immediately after divine service at the door of the Presbyterian meeting house in Lexington.
(A Copy.) Teste.
Thos. Bodly, Clk.
ALEXANDER PARKER,
HAS JUST IMPORTED FROM PHILADELPHIA, And now opening, on Main street, opposite the court-house, a very extensive
Assortment of Dry Goods, Groceries, Hard Ware, Glass, Queens & China Ware;
which he will sell on moderate terms for Cash. Lexington, Sept. 24, 1798.
To Be Exchanged,
A YOUNG STRONG HEALTHY NEGRO WOMAN, USED to house work, for TWO YOUNG NEGROES, GIRLS OR BOYS.
5w Enquire of the Printer.
STATE OF KENTUCKY.
Washington District, set.
November term, 1798.
Gary L. Clarke, complainant,
Against
Joseph Cankling jun. and William Lloyd, Thomas Lloyd, Abigail Lloyd, Betsy Lloyd and Thomas Lloyd, heirs and representatives of Samuel P. Lloyd deceased, defendants,
In Chancery.
THE defendants not having entered their appearance agreeable to an act of assembly and the rules of this court; and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth—On the motion of the complainant by his attorney, it is ordered that the defendants appear here on the third day of our next term and answer the complainant's bill: And that a copy of this order be inserted in the Kentucky Gazette or Herald for two months successively; another posted at the door of the court-house of Mason county: and that this order be published some Sunday, at the door of the Baptist meeting house in Washington.
A Copy Teste,
FRANCIS TAYLOR, c. w. d. c.
STATE OF KENTUCKY.
Washington District, set.
November term, 1798.
Buckner Thruston complainant,
AGAINST
John Nicholson, and Robert Morris, and John Grayham, George Grayham, and Richard Grayham, infant heirs and representatives of Richard Grayham decd. and Humphrey Marshall, and George Rogers Clarke, defendants.
In Chancery.
THE defendants not having entered their appearance agreeably to an act of assembly and the rules of this court, and it appearing to the satisfaction of the court that the defendants John Nicholson, Robert Morris, George Grayham and Richard Grayham, are not inhabitants of this commonwealth—on motion of the complainant by his attorney, it is ordered that the said defendants appear here on the third day of the next term, and answer the complainant's bill; and that a copy of this order be inserted in the Kentucky Gazette, or Herald, for two months successively, another posted at the door of the court house in Mason county, and that this order be published some Sunday at the door of the Baptist meeting house, in Washington.
A Copy. Teste,
FRANCIS TAYLOR, c. w. d. c.
STATE OF KENTUCKY.
Washington District, set.
November term, 1798.
Joseph M'Goffin & Son, complainants,
Against
Bertrand Ewell, Jesse Ewell, Leroy Ewell and Thomas Waller, defendants,
In Chancery.
THE defendants not having entered their appearance agreeably to an act of assembly and the rules of this court; and it appearing to the satisfaction of the court, that the said defendants Bertrand Ewell and Jesse Ewell are not inhabitants of this commonwealth—On motion of the complainants by their attorney, it is ordered, that the said defendants appear here on the third day of our next term, and answer the complainants' bill: And that a copy of this order be inserted in the Kentucky Gazette or Herald for two months successively; another posted at the door of the court-house in Mason county; and that this order be published some Sunday at the door of the Baptist meeting house in Washington.
A Copy, Teste,
FRANCIS TAYLOR, c. w. d. c.
JOHN ARTHUR,
MAKES this method of informing his friends and the public, that he has opened store in the house adjoining Trotter and Scott's, opposite the Market house. He wishes to purchase a quantity of Tobacco, Hemp, Whiskey, Flour, Butter, Hogs' lard, Wheat, Rye, Oats and Corn—for which he will give cash and store goods.
Lexington, 18th December 1798.
** He has a ten plate stove for sale. Im
WANTED,
A quantity of good clean
ASHES,
Delivered at Mr. A. F. Saugrain's, Lexington. JAMES M'COON.
STATE OF KENTUCKY.
Washington District, set.
November term, 1798.
Guy Bryan, complainant,
AGAINST
John Nicholson, Robert Morris, George Grayham, John Grayham, Richard Grayham, Humphrey Marshall, and George Rogers Clarke, defendants.
In Chancery.
THE defendants, John Nicholson, Robert Morris, George Grayham, and Richard Grayham, not having entered their appearance agreeably to an act of assembly, and the rules of this court, and it appearing satisfactorily to the court that they are not inhabitants of this commonwealth—on the motion of the complainant by his attorney, it is ordered that the said defendants appear here on the third day of the next term, and answer the complainant's bill; and that copy of this order be inserted in the Kentucky Gazette, or Herald, for two months successively, another posted at the door of the court house of Mason county, and that this order be published some Sunday at the door of the Baptist meeting house in Washington.
A Copy. Teste,
FRANCIS TAYLOR, c. w. d. c.
STATE OF KENTUCKY.
Washington District, set.
November term, 1798.
James Lamberton, complainant,
Against
John Macphie, trustee and Thomas Waring, Robert Rankins, Simon Kenton and William Roe, mortgagees, and Robert Mack and Mary his wife, James Wood and Caty his wife, John Wood and Mary his wife, and Alexander Smith and Anne his wife, heirs of Nathaniel Allen, dec. defendants,
In Chancery.
IT appearing to the court, that the order to advertize, formerly had herein, has not been published agreeably to a rule of this court, and the said defendants James Wood and Caty his wife, John Wood and Mary his wife, Alexander Smith and Anne his wife, and Mary Meek still appearing to be no inhabitants of this commonwealth, and they not having entered their appearance agreeably to an act of assembly and the rules of this court—On the motion of the complainant, by James Hughes his attorney, it is ordered, that the said defendants appear here on the third day of our next term and answer the complainant's bill: and that a copy of this order be inserted in the Kentucky Gazette or Herald for two months successively; another posted at the door of the court-house of Mason county: and that this order be published some Sunday, at the door of the Baptist meeting-house in Washington.
A copy, Teste,
FRANCIS TAYLOR, C. W. D. C.
TAKEN up by the subscriber, living in Fayette county, on Cane Run a bay mare, one year old last spring, about thirteen hands high, a blaze in her face, no brand perceivable, a natural trotter, appraised to 61. * RANDOLPH MALEY.
STATE OF KENTUCKY.
Lexington District Court;
October term, 1798.
Henry Purviance, complainant,
AGAINST
Robert Morris and John Nicholson, defendants,
In Chancery.
THE defendants not having entered their appearance herein agreeable to law and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state—on the motion of the complainant by his counsel, it is ordered that the said defendants do appear here on the third day of our next March term, and answer the complainant's bill: that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, that another be published some Sunday immediately after divine service, at the door of the Presbyterian meeting-house, in the town of Lexington, and at the door of the court-house of Fayette county.
A Copy. Teste,
Thos. Bodley, Clk.
JUST PUBLISHED,
The Kentucky Almanac,
For the year of our Lord 1799.
JAMES B. JANJARY.
HAS removed his Store to the house adjoining the sign of the Buffalo, kept by John M'Nair—where he has opened a very handsome assortment of GOODS, Suitable to the present and approaching season.
He has also for sale, a quantity of RED-CLOVER SEED, Of this year's produce and the growth of Kentucky—a large quantity of SALT, IRON & CASTINGS, Assorted.—But,
LISTEN!
Those indebted to him, must pay off their respective balances on or before the 1st of February.
December 21, 1798.
NOTICE.
ALL persons indebted to me, are requested to make immediate payment to James Hughes, attorney at law, who is authorised to collect the debts due to me, and from the collections to make payment to my creditors.
MELCHOR MYERS, Butcher. Lexington, December 23d, 1798.
As the creditors of Melchor Myers are very pressing, and some of them have obtained judgments, no indulgence can be given to those of his debtors, who do not immediately make partial payments at least. I wish all his creditors to furnish me with their accounts, in order to enable me to apportion the money I may receive. JAMES HUGHES. Lexington, December 23d, 1798. 5w
Woodford county, December 22d, 1798. THE partnership of Crittenden and Turpin, is this day dissolved by mutual consent, those having any demands against the same, are desired to come forward and have them adjusted, and those indebted to make immediate payment to John Crittenden in whose care the books and papers will be left during the absence of Thomas Turpin; those who do not pay their respective balances before the first of February may expect suits to be commenced against them. JOHN CRITTENDEN. THOMAS TURPIN.
Five Dollars Reward.
LOST on the 12th instant, between Young's mill, and my house, seven miles from Lexington, near the Hickman road, a red Morocco POCKET BOOK, with a number of papers of importance to me, but of no account to any other person that I know of; together with a bond given by Robert Roles to the subscriber, for the sum of 144. dated 1796, and a judgment obtained in Culpeper court, Virginia, against a Thomas Jones, for the sum of 150. and costs in my favor: with a number of other bonds and accounts too tedious to mention. Any person giving information so that I get it, shall receive the above reward by me. JAMES OWENS. Dec. 24, 1798. 4ttf
STATE OF KENTUCKY.
Lexington District Court;
October term, 1798.
Robert Johnson, complainant,
AGAINST
Francis Boykin, George Lankford, William Miller, David Barrow, Thomas Jordan, Robert Jordan, Francis Marshall, Boykin, and Boykin, heirs and representatives of Robert Marshall deceased, John Lawrence and Sally Lawrence, heirs of John Lawrence decd. and Josiah Larker, administrator of William Davis, dec. defendants,
In Chancery.
THE defendants not having entered their appearance herein, agreeable to the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this commonwealth—on the motion of the complainant by his counsel, it is ordered that the said defendants do appear here on the third day of our next March term, and answer the complainant's bill: that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, published some Sunday immediately after divine service, at the door of the Presbyterian meeting-house in Lexington, and a copy posted up at the door of the court-house in the county of Fayette.
A Copy. Teste,
Thos. Bodley, Clk.

[Having received the following intelligence by the Southern Mail, we hasten to lay it thus early before our readers.]
PHILADELPHIA, Dec. 8.
This day at 12 o'clock, the president of the United States met both houses of congress in the representatives chamber, and delivered the following
S P E E C H :
Gentlemen of the senate, and Gentlemen of the house of representatives,
WHILE with reverence and resignation we contemplate the dispensations of Divine Providence, in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for gratitude and mutual congratulations, that the malady has disappeared, and that we are again permitted to assemble in safety at the seat of government, for the discharge of our important duties. But when we reflect that this fatal disorder has, within a few years, made repeated ravages in some of our principal seaports, and with increased malignancy, and when we consider the magnitude of the evils arising from the interruption of the public and private business, whereby the national interests are deeply affected—I think it my duty to invite the legislature of the union to examine the expediency of establishing suitable regulations in aid of the health laws of the respective states; for these being formed on the idea that contagious sickness may be communicated thro' the channels of commerce, there seems to be a necessity that congress, who alone can regulate trade, should frame a system, which, while it may tend to preserve the general health, may be compatible with the interests of commerce, and the safety of the revenue.
While we think on this calamity, and sympathize with the immediate sufferers, we have abundant reason to present to the Supreme Being our annual oblations of gratitude, for a liberal participation in the ordinary blessings of his providence. To the usual subjects of gratitude, I cannot omit to add one of the first importance to our well being and safety: I mean the spirit which has arisen in our country against the encroachments and aggression of a foreign nation.—A manly sense of national honor, dignity, and independence, has appeared, which, if encouraged and invigorated by every branch of the government, will enable us to view, undismayed, the enterprises of any foreign power, and become the sure foundation of national prosperity and glory.
The course of the transactions in relation to the United States and France, which have come to my knowledge during your recess, will be made the subject of a future communication. The communication will confirm the ultimate failure of the measures which have been taken by the government of the United States, towards an amicable adjustment of differences with that power. You will at the same time perceive, that the French government appears solicitous to impress the opinion, that it is averse to a rupture with this country, and that it has in a qualified manner, declared itself willing to receive a minister from the United States for the purpose of restoring a good understanding. It is unfortunate for professions of this kind, that they should be expressed in terms which may countenance the inadmissible pretension of a right to prescribe the qualifications which a minister from the United States should possess, and that while France is asserting the existence of a disposition on her part to conciliate with sincerity the differences which have arisen, the sincerity of a like disposition on the part of the United States, of which so many demonstrative proofs have been given, should even be indirectly questioned. It is also worthy of observation that the decree of the directory alledged to be intended to restrain the depredations of French cruisers on our commerce, has not given and cannot give any relief: it enjoins them to conform to all the laws of France relative to cruising and prizes, while these laws are themselves the sources of the depredations of which we have so long, so justly and so fruitlessly complained.
The law of France enacted in January last, which subjects to capture and condemnation neutral vessels and their cargoes, if any portion of the latter are of British fabric or produce, although the entire property belongs to neutrals, instead of being rescinded, has lately received a confirmation, by the failure of a proposition for its repeal. While this repeal. While this law, which is an unequivocal act of war on the commerce of the nations it attacks, continues in force, those nations can see in the French government only a power
regardless of their essential rights, of their independence and sovereignty; and if they possess the means, they can reconcile nothing with their interest and honor, but a firm resistance.
Hitherto, therefore, nothing is discoverable in the conduct of France, which ought to change or relax our measures of defence; on the contrary, to extend and invigorate them is our true policy. We have no reason to regret that these measures have been thus far adopted and pursued: and in proportion as we enlarge our view of the portentous and incalculable situation of Europe, we shall discover new and cogent motives for the full development of our energies and resources.
But in demonstrating by our conduct that we do not fear war, in the necessary protection of our rights and honor, we shall give no room to infer that we abandon the desire of peace. An efficient preparation for war can alone ensure peace. It is peace that we have uniformly and perseveringly cultivated, and harmony between us and France may be restored at her option. But to send another minister, without more determinate assurances that he would be received, would be an act of humiliation to which the United States ought not to submit. It must therefore be left to France, if indeed she is desirous of accommodation, to take the requisite steps. The U. States will readily observe the maxims by which they have been hitherto governed. They will respect the sacred rights of embassy. And with a sincere disposition on the part of France to desist from hostility, to make reparation for injuries heretofore inflicted on our commerce, and to do justice in future, there will be no obstacle to the restoration of a friendly intercourse. In making to you this declaration, I give a pledge to France and to the world, that the executive authority of this country still adheres to the humane and pacific policy, which has invariably governed its proceedings, in conformity with the wishes of the other branches of the government and of the people of the United States. But considering the late manifestations of her policy towards foreign nations, I deem it a duty deliberately and solemnly to declare my opinion, that whether we negotiate with her or not, vigorous preparations for war will be alike indispensable. These alone will give to us an equal treaty and insure its observance.
Among the measures of preparation, which appear expedient, I take the liberty to recal your attention to the naval armament. The beneficial effects of the small naval armament, provided under the acts of the last session, are known and acknowledged. Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy, than we have derived from the arming for our maritime protection and defence. We ought, without loss of time, to lay the foundation for an encrease of our navy to a size sufficient to guard our coast, and protect our trade. Such a naval force, as it is doubtless in the power of the United States to create and maintain, would also afford the best means of general defence, by facilitating the safe transportation of troops and stores to every part of our extensive coast. To accomplish this important object, a prudent foresight requires that systematical measures be adopted for procuring at all times, the requisite timber and other supplies. In what manner this shall be done I leave to your consideration.
I will now advert, gentlemen, to some matters of less moment, but proper to be communicated to the national legislature.
After the Spanish garrisons had evacuated the posts they occupied at the Natchez and Walnut Hills, the commissioner of the United States commenced his observations, to ascertain the point near the Mississippi, which terminated the northernmost part of thirty first degree of north latitude. From thence he proceeded to run the boundary line between the United States and Spain. He was afterwards joined by the Spanish commissioner when the work of the former was confirmed: and they proceeded together to the demarcation of the line.—Recent information renders it probable that the Southern Indians either instigated to oppose the demarcation, or jealous of the consequences of suffering white people to run a line over the lands, to which the Indian title had not been extinguished, have, ere this time, stopped the progress of the commissioners. And considering the mischiefs which may result from continuing the demarcation, in opposition to the will of the Indian tribes, the great expense attending it, and that the boundaries which the commissioners have actually established, probably extend at least as far as the Indian title has been extinguished, it will perhaps become
expedient and necessary to suspend further proceedings by recalling our commissioners.
The commissioners appointed in pursuance to the fifth article of the treaty of amity, commerce and navigation, between the United States and his Britannic majesty, to determine what river was truly intended under the name of the river St. Croix, mentioned in the treaty of peace, and forming a part of the boundary therein described, have finally decided that question. On the twenty-fifth of October, they made their declaration that a river called Scodiac, which falls into Passamaquoddy Bay, at its north-western quarter, was the true St. Croix intended in the treaty of peace, as far as its great fork, where one of its streams comes from the westward, and the other from the northward, and that the latter stream is the continuation of the St. Croix to its source. This decision, it is understood, will preclude all contention among individual claimants, as it seems that the Scodiac and its northern branch bound the grants of lands which have been made by the respective adjoining governments.—A subordinate question however, has been suggested, it still remains to be determined, Between the mouth of the St. Croix, as now settled, and what is usually called the Bay of Fundy, lie a number of valuable islands. The commissioners have not continued the boundary lines through any channel of these islands, and unless the Bay of Passamaquoddy be a part of the Bay of Fundy, this further adjustment of boundary will be necessary. But it is apprehended that this will not be a matter of any difficulty.
Such progress has been made in the examination and decision of cases, of captures and condemnation of American vessels which were the subject of the seventh article of the treaty of amity, commerce and navigation, between the United States and Great Britain—that it is supposed the commissioners will be able to bring their business to a conclusion, in August of the ensuing year.
The commissioners acting under the twenty-fifth article of the treaty between the United States and Spain, have adjusted most of the claims of our citizens, for losses sustained in consequence of their vessels and cargoes having been taken by the subjects of his Catholic majesty, during the late war between France and Spain.
Various circumstances have concurred to delay the execution of the law for augmenting the military establishment. Among these, the desire of obtaining the fullest information to direct the best selection of officers. As this object will now be speedily accomplished, it is expected that the raising and organizing of the troops will proceed without obstacle and with effect.
Gentlemen of the house of representatives,
I have directed an estimate of the appropriations which will be necessary for the service of the ensuing year, to be laid before you, accompanied with a view of the public receipts and expenditures to a recent period. It will afford you satisfaction to infer the great extent and solidity of the public resources from the prosperous state of the finances, notwithstanding the unexampled embarrassments which have attended commerce. When you reflect on the conspicuous examples of patriotism and liberality, which have been exhibited by our mercantile fellow-citizens, and how great a proportion of the public resources depends on their enterprise, you will naturally consider whether their convenience cannot be promoted and reconciled with the security of their revenue by a revision of the system by which the collection is at present regulated.
During your recess, measures have been steadily pursued for effecting the valuations and returns, directed by the act of the last session, preliminary to the assessment and collection of a direct tax.—No other delays or obstacles have been experienced, except such as were expected to arise from the great extent of our country, and the magnitude and novelty of the operation, and enough has been accomplished to assure a fulfilment of the views of the legislature.
Gentlemen of the senate; and Gentlemen of the house of representatives,
I Cannot close this address, without once more advertting to our political situation and inculcating the essential importance of uniting in the maintenance of our dearest interests; and I trust, that by the temper and wisdom of your proceedings, and by a harmony of measures, we shall secure to our country that weight and respect, to which it is so justly entitled.
JOHN ADAMS.
December 13.
The senate in a body waited upon the president of the United States this morning, with the following answer to his speech at the opening of the session.
To the president of the United States.
SIR,
The senate of the United States join you in thanks to the Almighty God, for the removal of the late affliction dispensations of his providence,—and for the patriotic spirit, and general prosperity of our country. Sympathy for the sufferings of our fellow-citizens from diseases, and the important interests of the union, demand of the national legislature a ready co-operation with the state governments, in the use of such means as seem best calculated to prevent the return of this fatal calamity.
Although we have sincerely wished that an adjustment of our differences with the republic of France might be effected on safe and honorable terms, yet the information you have given us of the ultimate failure of the negotiation has not surprised us. In the general conduct of that republic we have seen a design of universal influence incompatible with the self government, and destructive to the independence of other states. In its conduct towards these U. States we have seen a plan of hostility pursued with unremitting constancy, equally disregarding the obligation of treaties, and the rights of individuals. We have seen two embassies formed for the purpose of mutual explanations, and clothed with the most extensive and liberal powers, dismissed without recognition, and even without a hearing. The government of France has not only refused to repeal, but has recently enjoined the observance of its former edict respecting merchandise of British fabric or produce, the property of neutrals by which the interruption of our lawful commerce, and the spoliation of the property of our citizens, have again received a public sanction. These facts indicate no change of system or disposition; they speak a more intelligible language than professions of solicitude, to avoid a rupture however ardently made. But if, after the repeated proofs we have given of a sincere desire for peace, these professions should be accompanied by insinuations implicating the integrity with which it has been pursued, if neglecting and passing by the constitutional and authorized agents of the government they are made through the medium of individuals without public character or authority—and above all if they carry with them a right to prescribe the political qualifications of the minister of the United States to be employed in the negotiation, they are not entitled to attention or consideration, but ought to be regarded as designed to separate the people from their government, and to bring about by intrigue that which open force could not effect.
We are of opinion with you, sir, that there has nothing yet been discovered in the conduct of France, which can justify a relaxation of the means of defence adopted during the last session of congress, the happy result of which is so strongly and generally marked.—If the force by sea and land which the existing laws authorize, should be judged inadequate to the public defence, we will perform the indispensable duty of bringing forward such other acts as will effectually call forth the resources and force of our country.
A steady adherence to this wise and manly policy, a proper direction of the noble spirit of patriotism which has arisen in our country, and which ought to be cherished and invigorated by every branch of the government, will secure our liberty and independence against all open and secret attacks.
We enter on the business of the present session with an anxious solicitude for the public good, and shall bestow that consideration on the several objects pointed out in your communication which they respectively merit.
Your long and uninterrupted services, your talents and firmness, so often displayed in the most trying times, and most critical situations, afford a sure pledge of a zealous co-operation in every measure necessary to secure justice and respect.
THE PRESIDENT'S REPLY.
To the senate of the United States.
GENTLEMEN,
I thank you for this address, so conformable to the spirit of our constitution, and the established character of the senate of the United States, for wisdom honor and virtue.
I have seen no real evidence of any change of system or disposition in the French republic, towards the United States.

Although the officious interference of individuals, without public character or authority, is not entitled to any credit, yet it deserves to be considered, whether that temerity and impertinence of individuals, affecting to interfere in public affairs, between France and the United States whether by their secret correspondence, or otherwise, and intended to impose upon the people, & separate them from their government, ought not to be enquired into and corrected.
I thank you, gentlemen, for your assurances that you will bestow that consideration on the several objects, pointed out in my communication, which they respectively merit.
If I have participated in that understanding, sincerity and constancy, which have been displayed by my fellow-citizens and country-men, in the most trying times and critical situations, and fulfilled my duties to them, I am happy. The testimony of the senate of the United States, in my favour, is an high and honorable reward, which receives, as it merits, my grateful acknowledgements. My zealous co-operation, in measures necessary to secure us justice and consideration, may always be depended on.
JOHN ADAMS.
Philadelphia, Dec. 12, 1798.
DECEMBER 14.
The following answer to the president's speech was agreed upon without debate, this morning in the house of representatives:
To John Adams, president of the U. States.
SIR,
The house of representatives unite with you in deploring the effects of the desolating malady in which the seat of government and other parts of the country, have recently been visited. In calling our attention to the fatality of its repeated ravages, and inviting us to consider the expediency of exercising our constitutional powers in aid of the health laws of the respective states, your recommendation is sanctioned by the dictates of humanity and liberal policy. On this interesting subject we feel the necessity of adopting every wise expedient for preventing a calamity so distressing to individual sufferers, and so prejudicial to our national commerce.
That our finances are in a prosperous state, notwithstanding the commercial derangements resulting from this calamity, and from external embarrassments, is a satisfactory manifestation of the great extent and solidity of the public resources. Connected with this situation of our fiscal concerns, the assurance that the legal provisions for obtaining revenue by direct taxation will fulfil the views of the legislature, is peculiarly acceptable.
Desirous as we are that all causes of hostility may be removed by the amicable adjustment of national differences, we learn with satisfaction, that, in pursuance of our treaties with Spain and Great Britain, advances have been made for definitively settling the controversies relative to the southern and the north-eastern limits of the United States. With similar sentiments we have received your information that the proceedings under commissions, authorized by the same treaties, afford to a respectable portion of our citizens, the prospect of a final decision on their claims for maritime injuries committed by subjects of those powers.
It would be the theme of mutual felicitation, were we assured of experiencing similar moderation and justice from the French republic, between which and the United States differences have unhappily arisen. But this is denied us by the ultimate failure of the measures which have been taken by this government towards an amicable adjustment of those differences, and by the various inadmissible pretensions on the part of that nation.
The continuing in force the decree of January last, to which you have more particularly pointed our attention, ought, of itself, to be considered as demonstrative of the real intentions of the French government—That decree proclaims a predatory warfare against the unquestionable rights of neutral commerce; which, with our means of defence, our interest and our honour command us to repel. It, therefore, now becomes the United States to be as determined in resistance as they have been patient in suffering, and condescending in negotiation.
While those who direct the affairs of France persist in the enforcement of decrees so hostile to our essential rights, their conduct forbids us to confide in any of their professions of amity.
As therefore the conduct of France hitherto exhibits nothing which ought to change or relax our measures of defence, the policy of extending and invigorating those measures, demands our sedulous attention. The sudden and remarkable advantages which this country has experienced from a small naval armament, sufficiently prove the utility of its establishment. As it respects the guarding of our coast, the protection of our trade, and the facility and safety of transporting the means of territorial defence to every part of our maritime frontier, an adequate naval force must be considered as an important object of national policy. Nor do we hesitate to adopt the opinion, that, whether negotiations with France are resumed or not, vigorous preparations for war will be alike indispensable.
In this conjuncture of affairs, while with you we recognize our abundant cause of gratitude to the Supreme Disposer of events for the ordinary blessings of providence, we regard, as of high national importance the manifestation in our country, of a magnanimous spirit of resistance to foreign domination. This spirit merits to be cherished and invigorated by every branch of government, as the inestimable pledge of national prosperity and glory.
Disdaining a reliance on foreign protection; wanting no foreign guarantee of our liberties; resolving to maintain our national independence against every attempt to despoil us of this inestimable treasure: we confide, under providence, in the patriotism and energies of the people of these United States for defeating the hostile enterprizes of any foreign power.
To adopt with prudent foresight such systematical measures as may be expedient for calling forth those energies wherever the national exigencies may require, whether on the ocean or on our own territory—and to reconcile with the proper security of revenue, the convenience of mercantile enterprise, on which so great a proportion of the public resources depends—are objects of moment, which shall be duly regarded in the course of our deliberations.
Fully as we accord with you in opinion, that the United States ought not to submit to the humiliation of sending another minister to France, without previous assurances sufficiently determinate that he will be duly accredited, we have heard, with cordial approbation, the declaration of your purpose, steadily to observe those maxims of humane and pacific policy by which the United States have hitherto been governed.—While it is left with France to take the requisite steps for accommodation, it is worthy the chief magistrate of a free people, to make known to the world, that justice on the part of France will annihilate every obstacle to the restoration of a friendly intercourse, and that the executive authority of this country will respect the sacred rights of embassy. At the same time, the wisdom and decision which have characterised your past administration, assures us that no illusory professions will induce you into any abandonment of rights which belong to the United States, as a free and independent nation.
THE PRESIDENT'S REPLY.
To the House of Representatives of the United States.
Gentlemen,
My sincere acknowledgments are due to the house of representatives for this excellent address so consonant to the character of representatives of a great and free people. The judgment and feelings of a nation, I believe, were never more fully expressed by their representatives than those of our constituents by your decided declaration that with our means of defence, our interest and honour command us to repel a predatory warfare against the unquestionable rights of neutral commerce. That it becomes the United States to be as determined in resistance as they have been patient in suffering, and condescending in negotiation. That while those who direct the affairs of France, persist in the enforcement of decrees so hostile to our essential rights, their conduct forbids us to confide in any of their professions of amity. That an adequate naval force must be considered as an important object of national policy, and that whether negotiations with France are resumed or not, vigorous preparations for war will be alike indispensable.
The generous disdains you so coolly and deliberately express, of a reliance on foreign protection, wanting no foreign guarantee of our liberties, resolving to maintain our national independence against every attempt to despoil us of that inestimable treasure, will meet the full approbation of every sound understanding, and exulting applauses from the heart of every faithful American.
I thank you, gentlemen, for your candid approbation of my sentiments on the subject of negotiation, and for the declaration of your opinion that the policy of extending and invigorating our measures of defence, and adoption with prudent foresight of such systematical measures as may be expedient for calling forth the energies of our country, wherever the national exigencies may require, whether on the ocean or on our own territory, will demand your most sedulous attention.
At the same time I take the liberty to assure you, it shall be my vigilant endeavor that no illusory professions shall seduce me into any abandonment of the rights which belong to the U. States as a free and independent nation.
JOHN ADAMS.
United States, Dec. 14.
RICHMOND, December 25.
EXTRACT, From the Journals of the house delegates of this commonwealth.
FRIDAY, December 21, 1798.
The house according to the order of the day, resolved itself into a committee of the whole house on the state of the commonwealth, and after some time spent
therein, Mr. Speaker resumed the chair and Mr. Breckenridge reported, that the committee had, according to order, had the same under their consideration and had come to a resolution, thereupon as follows.
RESOLVED, That the general assembly of Virginia doth unequivocally express a firm resolution to maintain and defend the constitution of the United States, and the constitution of this state against every aggression, either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.
That this assembly most solemnly declares a warm attachment to the union of the states, to maintain which, it pledges all its powers; and that for this end it is their duty, to watch over and oppose every infraction of those principles, which constitute the only basis of that union, because a faithful observance of them, can alone secure its existence and the public happiness.
That this assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact to which the states alone are parties; as limited by the plain sense and intention of the instrument constituting that compact; as no farther valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties thereto have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.
That the general assembly doth also express its deep regret, that a spirit has in sundry instances, been manifested by the federal government, to enlarge its powers by forced constructions of the constitutional charter which defines them; and that indications have appeared of a design to expound certain general phrases (which having been copied from the very limited grant of powers in the former articles of confederation, were the less liable to be misconstrued) so as to destroy the meaning and effect of the particular enumeration, which necessarily explains and limits the general phrases; and so as to consolidate the states by degrees into one sovereignty, the obvious tendency and inevitable result of which would be, to transform the present republican system of the United States, into an absolute, or at best, a mixed monarchy.
That the general assembly doth particularly protest against the palpable and alarming infractions of the constitution, in the two late cases of the "alien and sedition acts," passed at the last session of congress; the first of which exercises a power no where delegated to the federal government; and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government, as well as the particular organization and positive provisions of the federal constitution: and the other of which acts, exercises in like manner a power not delegated by the constitution, but on the contrary expressly and positively forbidden by one of the amendments thereto; a power, which more than any other, ought to produce universal alarm; because it is levelled against that right of freely examining public characters and measures, and of free communication among the people thereon, which has ever been justly deemed the only effectual guardian of every other right.
That this state having by its convention which ratified the federal constitution, expressly declared "that among other essential rights the liberty of conscience and of the press cannot be cancelled, abridged, restrained or modified by any authority of the United States," and from its extreme anxiety to guard these rights from every possible attack of sophistry or ambition, having with other states recommended an amendment for that purpose, which amendment was in due time annexed to the constitution, it would mark a reproachful inconsistency and criminal degeneracy, if an indifference were now shown to the most palpable violation of one of the rights thus declared and secured, and to the establishment of a precedent which may be fatal to the other.
That the good people of this commonwealth having ever felt, and continuing to feel the most sincere affec-
tion to their brethren of the other states, the truest anxiety for establishing and perpetuating the union of all, and the most scrupulous fidelity to that constitution which is the pledge of mutual friendship, and the instrument of mutual happiness, the general assembly doth solemnly appeal to the like dispositions of the other states, in confidence that they will concur with this commonwealth in declaring, as it does hereby declare, that the acts aforesaid are unconstitutional and that the necessary and proper measures will be taken by each, for co-operating with this state, in maintaining unimpaired the authorities, rights and liberties reserved to the states respectively or to the people.
That the governor be desired to transmit a copy of the foregoing resolutions to the executive authority of each of the other states, with a request, that the same may be communicated to the legislature thereof.
And that a copy be furnished to each of the senators and representatives representing this state in the congress of the United States.
After several proposed amendments which were negatived "the main question being put, that the house do agree with the committee of the whole house in the resolution as reported—
"It passed in the affirmative. Ayes 100. Noes 63."
The above resolutions passed the senate yesterday—Ayes—Messrs. Taylor, Kennon, Bassett, Royster, Stuart, Carrington, Srother, Holmes, Preston, Hoomes, Temple, Newton, and Penn, 14.—Noes—Messrs. Payton, Haymond, and Eyre—3
Irish Rebels not defeated yet!
PHILADELPHIA, Dec. 14.
INTERESTING—IF TRUE.
FROM THE AURORA.
A letter received by way of New-York by a gentleman in Philadelphia, from Banbridge in the county of Down, Ireland, dated the 11th Oct. says that the whole of that island was at that time in a general convulsion. The important and strong position of Derry, had been taken from the British, by a most daring and well executed enterprize, but with the loss of a great many lives. The Breff and another squadron had landed eleven thousand men in different parts of the west and north. The Irish were regularly embodied and their right wing covered Derry, which was made the grand depot and head quarters; the left wing marched against Carrickfergus, where the people had already formed a voluntary army and cut off all supplies from the English garrison. The letter further adds, that general Lake had been defeated in three several actions, and that the Irish rebels were carrying every thing before them, in consequence of the distraction which the universality of the rising had occasioned—Several of the nobility had been made prisoners, with two general officers, who were taken care of in the court-house of Derry, and are to be kept as hostages.
A second letter of the same date from Ballinahinch, corroborates the above particulars, but says that Carrickfergus had been already taken possession of by the people, and that the English troops were flying in a very disorganized state in every direction. Belfast was expected to be in the hands of the revolutionists on the 19th of October. A great part of the English fugitives had fled towards Dublin, where it was expected a last and decisive stand would be made.
December 15.
The accounts published in the Aurora of yesterday, from Ireland, have been questioned, and ingenuity has been led to presume that the news was calculated merely to operate on the price of flaxseed. We can thus far assert, that the first letter was from a father to his son, now in this city, and that the same letter contains an account of the death of two other of the writer's sons in the action described—upon the authority we have published from, we place the most perfect reliance.
A gentleman just arrived from Lisbon informs, that when he failed, which was on the 20th of October, the news was, that Buonaparte was completely surrounded, and that there was every reason to hope he and his army would be very soon annihilated.
By the treaty of subsidy concluded with England, says a Paris paper, Russia has engaged to furnish her with 20,000 men, who are not to be employed but in Europe.