The Kentucky gazette (Lexington [Ky.]), 1796-12-03 00:00:00

KENTUCKY GAZETTE
NUMBER 12.]
Saturday, December 3, 1796.
[VOLUME X.]
LEXINGTON:—PRINTED BY J. BRADFORD, ON MAIN STREET, WHERE SUBSCRIPTIONS ARE RECEIVED AT 15/ PER ANNUM.
PROCEEDINGS
IN THE SENATE OF THIS STATE,
On Thursday the 10th of November, 1796,
BEING
The substance of the debate respecting the contested election of the present Governor of this Commonwealth.
The Senate assembled. The members present were, Messrs. Bullitt, (the speaker,) M c Clung, Knox, Davis, Standiford, Helm, Clay, Campbell, Taylor, Mosby, Machir, and Henry.
A letter was produced by the speaker and read by the clerk, from Mr. Alexander Barnett, stating that Mr. Helm having been a surveyor for the county of Hardin, and still continuing to act in that capacity, was not entitled to a seat in that house.
Ordered, that it be laid on the table.
The committee of privileges and elections, reported that they had examined the copy of the proceedings of the electors, lodged in the secretary's office, and had resolved that the following gentlemen were duly elected senators of this state: viz.
For the county of Jefferson, Alexander Scott Bullitt—Fayette, John Campbell—Nelson, William M c Clung—Mercer, Robert Mosby—Madison, Green Clay—Bourbon, John Edwards—Mason, John Machir—Woodford, Robert Alexander—Washington, Matthew Walton—Scott, William Henry—Shelby, David Standiford—Logan, James Davis—Clarke, Hubbard Taylor—Hardin, Benjamin Helm—Lincoln, James Knox.
Upon the question being put that the house do adopt this resolution; Mr. M c Clung remarked that it would be improper to declare Mr. Helm duly elected, whilst there remained a doubt concerning his right to a seat—that a paper had come forward, stating that he held an office inconsistent with that of a senator—that this paper was laid upon the table, subject to consideration on some future day, and that it would therefore be absurd to preclude a future judgment, by a premature decision that he was duly elected. He therefore moved, that so much of the report of the committee as respected Mr. Helm, be re-committed.
Mr. Clay opposed the motion. He contended that their adopting the report of the committee would involve no such absurdity. The report of the committee went merely to say what appeared from the return of the electors. This was the only paper referred to them; the committee had no right to take up any thing else. Their report had reference to no other documents, and consequently a vote of the house adopting their report would not. Should any petition be brought forward agreeable to law; it would be the duty of the house to receive it, and they would be at full liberty to form their judgment upon such facts as should be established.
The resolution for a re-commitment being put, was negatived.
Mr. Clay then moved that the letter of Mr. Barnett be referred to the committee of privileges and elections, which was agreed to.
The house then resolved itself into a committee of the whole on the state of the commonwealth—Mr. Henry in the chair.
Mr. Clay moved that the committee should take into consideration a message from the house of representatives for receiving the communications of the governor, and which had been referred by the senate to a committee of the whole on Tuesday last.
Col. Bullitt rose. He observed that a letter from Gen. Logan, stating that he considered himself as constitutionally elected to the office of governor, and expressing his intention to bring the subject before the senate, had come forward at the same time with the resolution from the house of representatives, and had been at the same time referred to a committee of the whole. It was as follows:
To the hon. the Speaker and Members of the Senate.
GENTLEMEN,
“At the last meeting of the electors held in Frankfort for the purpose of electing a governor and senate, I
conceive myself to have been constitutionally chosen governor of this state, notwithstanding which the office is at this time exercised by another person.
“As therefore disputed elections to the office of governor are to be determined by you; I have thought it proper to give you the earliest information of my intention of bringing the matter before you, in order that the constitutional question may be investigated and the dispute determined as soon as a sufficient number of senators shall be convened for the purpose.
“I am, gentlemen,
“With the highest respect,
“Your most obedient
“Humble servant.
“BENJAMIN LOGAN.”
The letter being read, Col. B. observed, that the letter of Gen. Logan asserted his right to the office of governor, and that it alleged a fact which fully established that right. It alleged that the gen had the greatest number of votes upon the first ballot;—and the report of the proceedings of the electors which now lay on their table, substantiated the allegation. It alleged that the second ballot was unconstitutional, and he appealed to the constitution to prove that it authorized no such second ballot. Here the honourable member read the 12th section of the first article, which stated that “if on the ballot two or more persons shall have an equal number of ballots in their favor, by which the choice shall not be determined by the first ballot, then the electors shall again ballot before they separate, in which they shall be confined to the persons who on the first ballot shall have an equal number, and they who shall have the greatest number in their favor on a second ballot, shall be accordingly declared and returned duly elected.” It was evident, he observed, from this clause of the constitution, that the only case in which the electors were authorized to proceed to a second ballot, was that of two or more candidates having an equal number of votes. Was it that the case at present? Was it not notorious that gen. Logan had the greatest number? But it was objected that though the constitution did not direct a second ballot where no candidate had a majority of the whole; it did not forbid it , and that the electors had a right to regulate their own modes of proceeding where the constitution was silent. To clear up this matter, he thought the most satisfactory way would be to consider what had actually been the conduct of public bodies in this country on similar occasions. He recollected but one case in point, and that case was decided in favor of his argument. It was at the first meeting of electors after the establishment of the constitution, when himself, Mr. Short and Mr. Kennedy, were ballotted for at the same time:—he had the greatest number of votes, though not a majority of those present:—but it was unanimously agreed that he was duly elected to the office of senator.
But with the view of farther elucidating
the question, it might be right to consider the analogy between our own and the federal constitution. From that, he observed, our's was in a considerable measure copied. It was intended to infuse into our constitution the sense and the spirit of the federal constitution. Let us examine, then, in what cases this admits of a second ballot. He then quoted that clause of the federal constitution which regulates the manner of electing a president.
It had been said, that the conduct of our electors had been in conformity to the practice of Virginia, our parent state. To this he replied, that he had good authority for saying that this practice had been found so inconvenient in Virginia, that they had given it up, and were now in the habit of returning the candidate who has the greatest number of votes on the first ballot. In confirmation of this he could produce the testimony of a respectable character then in the house—and turning to judge M c Dowell, was proceeding to enquire into the state of the fact, when he was interrupted by
Mr. Clay observed that he considered the whole proceeding of the member opposite to him as irregular—that he had forced the attention of the committee upon a paper which had no name—that it was no petition—that if the gentleman would give it a name, he should know on what ground to meet him—that Here Mr. Clay was called to order by the chairman, and judge M c Dowell came forward, at col. Bullitt's request, and confirmed the representation he had given as to the practice of Virginia, during the time in which he was in the assembly. Col. B. was proceeding, when Mr. Clay called him to order, and demanded the rules of the house, with the view of shewing that it was irregular for a member to call upon any gentleman to come forward without having first obtained permission from the committee. The question being then put and carried, that the member who had been interrupted should have leave to explain as to the point of order.
Col. Bullitt vindicated his conduct, and recapitulated the argument which he had entered into in the course of his speech. On the grounds which he had stated, he was fully convinced that the electors had violated the constitution. He felt the importance of the subject; and his mind was so impressed with a sense of the obligation they were under to maintain the constitution—that he would not avoid bringing forward a resolution expressing the opinion of the committee of the conduct of the electors.
Mr. Clay again stated his sentiments with regard to the irregularity of the gentleman's conduct. As to the evidence of Mr. M c Dowell, he had no doubt of its truth, as far as that gentleman's experience went;—but whatever might by the practice of the assembly when he was a member of it; he could produce various witnesses to prove that their practice since had been the reverse.
Mr. Mosby considered the whole proceeding in the present debate as wrong. —There was a preliminary question, which ought to be determined, before they pretended to censure the electors. Had the committee a right to do so? They were going headlong into the business without any authority for their conduct—the subject was momentous—they could not be too deliberate—it was an affair which had greatly agitated the public mind—they should touch it with caution and with coolness. He concluded with moving the committee to adopt the following resolution:
“Resolved, that this committee has no constitutional authority to take under their consideration the disputed election of the governor.”
Mr. Clay seconded the motion, and apologized for the warmth which he had discovered in the course of the debate.
Col. Bullitt complained that whilst he had paused to prepare his resolution, a member opposite to him had taken the opportunity of bringing forward another of a very different nature. He insisted upon his right of
making the motion he intended, and hoped the committee would decide upon it before the other was discussed.
Mr. Taylor expressed his wishes that the resolution from the house of representatives for receiving the communications of the governor, could be first disposed of, consistently with the rules of the house. It was customary to introduce the business of the session with a similar resolution; and it was probable that the committee would afterwards feel themselves disposed to take up the other point referred to them, with greater coolness and deliberation.
Mr. Clay, in reply to what had fallen from the worthy member, who spoke last but one, observed that he had no objection to the question on his resolution being taken first, provided it could be done consistently with order. But this could be effected in no other manner, but by its being bro't forward as an amendment of the resolution, which had been previously moved and seconded.
Col. Campbell was extremely sorry to see the heat which appeared in the committee upon the subject which had been introduced:—and, in order to give the members time to cool, he hoped that the committee would rise and report progress.
Col. Bullitt having prepared the resolution which he had already declared his intention of introducing, now offered it to the consideration of the committee. It was as follows:
“Resolved, as the opinion of this committee, that the electors proceeded unconstitutionally in the election of a governor, in taking a second ballot, when there were no two persons who had an equal number of votes on the first ballot.”
Col. Campbell objected that the resolution was premature. It brought the subject before them all at once. The first question should be, had the committee a right to pass a judgment upon the proceedings of the electors? The board of electors (said the honourable gentleman) are our superiors: they are our creators:—and shall we, the creatures, pretend to censure our creators? He hoped that the committee would not be guilty of so glaring an absurdity. He trusted that they would rise.
Col. Bullitt vindicated his resolution. He thought it the most unexceptionable mode of introducing the business. He was averse from distracting the attention of the committee by a multiplicity of enquiries. He wished to render the question as simple as possible. He did not desire the committee to say whether Mr. Garrard or Mr. Logan or Mr. Todd were duly elected governor—but simply, whether the electors acted constitutionally in taking a second ballot.
Mr. Mosby thought such a question highly improper. It was entering fully into the business before they had determined whether they had a constitutional right to do so. Shall twelve men come forward, and, unauthorized by the constitution, pretend to undo what sixty men, bound to their duty by the most solemn ties, have done? We are required (said he) to vote that these men have acted wrong. Whence have we the right to do this? who gave it to us? This is a proper, a clear, and an easy question.
Mr. M c Clung differed from the gentleman who spoke last. He considered the resolution he proposed as an improper one. It was inaccurately expressed. The question, in reality, was not a constitutional but a legal one. It was admitted that there was no clause in the constitution which expressly gave them the power which they were now called upon to exercise;—but there was a law which did, and a law which naturally resulted from the constitution. The necessity of the case demanded such a law. The case of a contested election to the office of chief magistrate, was one which might be expected to arise:—and it was consequently a case which ought to be provided for. It lay with the legislature to do this; and having done it, the committee were bound to act agreeable to it. The constitution itself implied as much. It had made
the question, it might be right to consider the analogy between our own and the federal constitution. From that, he observed, our's was in a considerable measure copied. It was intended to infuse into our constitution the sense and the spirit of the federal constitution. Let us examine, then, in what cases this admits of a second ballot. He then quoted that clause of the federal constitution which regulates the manner of electing a president.
It had been said, that the conduct of our electors had been in conformity to the practice of Virginia, our parent state. To this he replied, that he had good authority for saying that this practice had been found so inconvenient in Virginia, that they had given it up, and were now in the habit of returning the candidate who has the greatest number of votes on the first ballot. In confirmation of this he could produce the testimony of a respectable character then in the house—and turning to judge M c Dowell, was proceeding to enquire into the state of the fact, when he was interrupted by
Mr. Clay observed that he considered the whole proceeding of the member opposite to him as irregular—that he had forced the attention of the committee upon a paper which had no name—that it was no petition—that if the gentleman would give it a name, he should know on what ground to meet him—that Here Mr. Clay was called to order by the chairman, and judge M c Dowell came forward, at col. Bullitt's request, and confirmed the representation he had given as to the practice of Virginia, during the time in which he was in the assembly. Col. B. was proceeding, when Mr. Clay called him to order, and demanded the rules of the house, with the view of shewing that it was irregular for a member to call upon any gentleman to come forward without having first obtained permission from the committee. The question being then put and carried, that the member who had been interrupted should have leave to explain as to the point of order.
Col. Bullitt vindicated his conduct, and recapitulated the argument which he had entered into in the course of his speech. On the grounds which he had stated, he was fully convinced that the electors had violated the constitution. He felt the importance of the subject; and his mind was so impressed with a sense of the obligation they were under to maintain the constitution—that he would not avoid bringing forward a resolution expressing the opinion of the committee of the conduct of the electors.
Mr. Clay again stated his sentiments with regard to the irregularity of the gentleman's conduct. As to the evidence of Mr. M c Dowell, he had no doubt of its truth, as far as that gentleman's experience went;—but whatever might by the practice of the assembly when he was a member of it; he could produce various witnesses to prove that their practice since had been the reverse.
Mr. Mosby considered the whole proceeding in the present debate as wrong. —There was a preliminary question, which ought to be determined, before they pretended to censure the electors. Had the committee a right to do so? They were going headlong into the business without any authority for their conduct—the subject was momentous—they could not be too deliberate—it was an affair which had greatly agitated the public mind—they should touch it with caution and with coolness. He concluded with moving the committee to adopt the following resolution:
“Resolved, that this committee has no constitutional authority to take under their consideration the disputed election of the governor.”
Mr. Clay seconded the motion, and apologized for the warmth which he had discovered in the course of the debate.
Col. Bullitt complained that whilst he had paused to prepare his resolution, a member opposite to him had taken the opportunity of bringing forward another of a very different nature. He insisted upon his right of
making the motion he intended, and hoped the committee would decide upon it before the other was discussed.
Mr. Taylor expressed his wishes that the resolution from the house of representatives for receiving the communications of the governor, could be first disposed of, consistently with the rules of the house. It was customary to introduce the business of the session with a similar resolution; and it was probable that the committee would afterwards feel themselves disposed to take up the other point referred to them, with greater coolness and deliberation.
Mr. Clay, in reply to what had fallen from the worthy member, who spoke last but one, observed that he had no objection to the question on his resolution being taken first, provided it could be done consistently with order. But this could be effected in no other manner, but by its being bro't forward as an amendment of the resolution, which had been previously moved and seconded.
Col. Campbell was extremely sorry to see the heat which appeared in the committee upon the subject which had been introduced:—and, in order to give the members time to cool, he hoped that the committee would rise and report progress.
Col. Bullitt having prepared the resolution which he had already declared his intention of introducing, now offered it to the consideration of the committee. It was as follows:
“Resolved, as the opinion of this committee, that the electors proceeded unconstitutionally in the election of a governor, in taking a second ballot, when there were no two persons who had an equal number of votes on the first ballot.”
Col. Campbell objected that the resolution was premature. It brought the subject before them all at once. The first question should be, had the committee a right to pass a judgment upon the proceedings of the electors? The board of electors (said the honourable gentleman) are our superiors: they are our creators:—and shall we, the creatures, pretend to censure our creators? He hoped that the committee would not be guilty of so glaring an absurdity. He trusted that they would rise.

no immediate provision for the case; but the 18th section of the first article had said, "Each house shall judge of the qualifications of its members; contested elections shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law." The expression contested elections (he observed) was a general one. It included the contested election of a governor as well as that of a senator or representative. The law had accordingly directed how such contest should be determined. They were to be determined by the senate in a committee of the whole on the state of the commonwealth. The law being passed, the senate were bound by it. That such a tribunal should exist as the law had constituted the senate, was absolutely necessary to the purposes of good government. Had the law been judicious in its selection of a tribunal? It had. It was just, it was right, it was necessary that the senate should have the power. The senate was that body which stood in the nearest relation to the governor. The senators were the sharers in his power; they were his constitutional advisers; the appointments which he made, were made by and with the advice and consent of the senate.
All men (he observed) are liable to mistakes and to errors. The board of electors are not exempted from the common imperfection of man. They might appoint to the post of chief magistrate, a person who might be disqualified by age, by office or by residence. Did the constitution forbid that provision should be made for such cases? Did it stamp its sanction upon error, by declaring that, when once committed, it should be perpetual? Where was that clause of the constitution which involved such an absurdity? Where did the constitution say that the senate should not determine contested elections of governor, or that the legislature should devise no mode of settling such contests?
It had been alledged, indeed, that the constitution in its very outset was repugnant to it: that in declaring that no person or collection of persons being of the legislative, the executive or judiciary department, should exercise any power properly belonging to either of the others, it had precluded the interference of the legislature in the present instance.
But to which of those departments does it belong to decide on a contested election of a governor? Does it (said the gentleman) belong to the judiciary? No: for in what form could such a contest be introduced in a court of judicature? Could it be introduced by an action of detinue ? Could it be introduced by an action of trespass ? Upon what principle, or by what rule were the jury to assess the damages? The very statement of the question evinced that the case of a contested election did not belong to the judiciary. No: it was the province of that department to determine disputes respecting our property, and to award a compensation for injuries received. But the subject of contested elections must necessarily rest with the wisdom of the legislature. It was their duty to establish a method of investigating and of deciding them. They had constituted the senate a tribunal for the purpose. It was right, it was just, it was necessary that the power should be lodged some where: it could no where be so properly lodged as with the senate—and it became the senate, It was a branch of their duty as citizens and legislators, not to decline the exercise of those functions which their country had imposed upon them.
He concluded with moving as an amendment to the resolution before the committee, to strike out the whole of it from the word "resolved," and to add the following: [This amendment we have not received.]
Mr. Mosby differed entirely from the gentleman who spoke last, as to the right of the senate to take up the business. It was utterly repugnant to the clause of the constitution which he had quoted. That clause forbade an encroachment of the legislature upon the executive authority. And was the measure now proposed no encroachment? Did it not encroach upon the executive department? Did it not, in fact, by declaring who should and who should not be the executive officer, seem like an assumption of the whole executive power? Was this consistent with the constitution? Were not the expressions of the constitution pointedly opposed to it? Did it not say that no such interference should take place, except in the instances herein after
expressly permitted?" Where was the permission given? He challenged any gentleman in the committee to produce the clause.
The measure proposed was in itself absurd. It was absurd to set aside the election of a governor who had acted in the office for five months. Had the people meant that such an election should be disputed; they would have provided a mode of doing it, more orderly and more effectual. They would not have suffered a man to usurp the office nearly six months, and to perform a multitude of official acts which might afterwards be invalidated by a vote in the senate that he was not legally elected. He conjured gentlemen to reflect upon the consequences of the scheme in contemplation. The state would be in confusion. Would it not be more prudent as well as more constitutional, not to arrogate a power which did not belong to them? He hoped that the committee would be cautious, and vote on the safe side. Let us (said he) maintain our dignity as legislators. We are not to adopt the quibbles of an attorney. We are to act upon the solid principles of unperverted justice. He trusted that the committee could not hesitate a moment which course of conduct to pursue.
Mr. Clay was doubtful to which motion he should speak. One had been made to declare the proceedings of the electors unconstitutional: another, had offered an amendment of the resolution which he had seconded. The latter, in point of order, seemed to claim the attention of the committee. It went to maintain the legal right of the senate to examine and correct the proceedings of the electoral board. But the senate could derive no legal right from a law which the legislature had no constitutional right to enact. Was the law in question consistent with the constitution? Was it consistent with that general provision that the legislative authority should never entrench upon the executive or the judicial but in the cases expressly permitted ? It was not. It was, therefore, null and void, and could merit no attention. He was authorized in pronouncing it so, by the concluding clause of the twelfth article, which declared, that "all laws contrary thereto, or contrary to this constitution, shall be void." It must therefore stand as a dead letter. The constitution had evidently confined the powers of each house of assembly, with regard to contested elections to such cases as concerned its own members. "Each house shall judge of the qualifications of its members: contested elections shall be determined by a committee, to be selected, formed and regulated in such manner as shall be directed by law." The connection in which the words stood, shewed what kind of contested elections the committee could determine upon. They could determine upon those only which related to their own body. Would the constitution, then, have been so particular in empowering them to act thus far, and have been silent as to the more important case of a governor, if it had intended that the senate should have any concern with it? Would the people have thought it necessary to give them an express authority to judge of the qualifications of one single member of the senate, and to determine a contest for a single seat, and have thought it unnecessary to express their intentions of permitting them to canvass, to rectify or to reverse the proceedings of the board of electors in appointing the supreme executive? No: in not having granted, they had withheld the power. The reason was obvious. The cases were clearly distinct. The governor was to enter upon his functions in June. The senate were to assemble in November. A senator improperly returned, might be displaced upon his first entrance on the duties of the office; the mistake might be rectified before it produced any considerable effect, and the people be at once legally represented. But they could have no opportunity of displacing a governor till he had acted as such for nearly six months. In the former case, the constitution had given the power to the senate, because it could be effectually exercised; in the latter case it had withheld the power, for it would have produced only a partial effect.
The very principle upon which the senate assumed the power of rectifying the proceedings of the electors in the choice of a governor, was the offspring of arrogance and vanity. It was arrogance to say, that the senate would be so circumpect, so wise, so virtuous,
as to see clearly, to judge justly, and to act righteously, when the electors had conducted themselves with precipitation, with folly and with injustice. Was there any solid foundation for ascribing this perfection to the senate? For his own part, he could indulge no such exalted ideas of that body. For his own part, he was convinced that the electors had acted with consistency, and with propriety. What objection did gentleman make to their proceedings? The single circumstance of their having taken a second ballot, without any express authority from the constitution. Were the board of electors, then, to make no regulations for their own government, when acting as a public body, without express authority from the constitution? If they were, they had as much right to make this as to make any other regulation: If they were not—if gentlemen went so far as to say, that they must have an express warrant for every official proceeding; he could reply, that the constitution itself afforded a sufficient warrant. The constitution said, that "each house shall choose its speaker and other officers;" and upon this clause the house of electors, were warranted in choosing a speaker, or president, a clerk, a door keeper &c. The constitution said, that "each house may determine the rules of its proceedings;" & upon this clause, the house of electors were warranted in determining as one rule of their proceedings, that no candidate should be returned as duly elected, unless supported by a majority of the votes of those present. That the house of electors, as well as the house of senators, or the house of representatives, should possess this power, was absolutely necessary. Rules were requisite for the regulation of every public body: and it was most expedient that every public body should establish its own rules. The electors had done this: they had established rules: they had acted in conformity to them. Had they done otherwise, they could have come to no decision. They might have set to all eternity and have done nothing. This would have been the inevitable consequence of that narrow, that confined, that illiberal mode of construction, which some would put upon the constitution. The electors had acted more liberally and more wisely. They had conceived themselves authorised to determine the rules of their own proceedings. They had done so: they had determined, that if upon the first ballot there should not be a majority of electors in favor of any one person; they would ballot again: and the second ballot was the consequence of that previous determination.
Col. Bullitt admitted that the electors might make rules for their own direction, provided those rules did not clash with the constitution. The rule in question evidently did. The constitution said, "If on the ballot two or more persons shall have an equal number of ballots in their favor, then the electors shall ballot again before they separate." The rule in question said, "If on the ballot no person shall have a majority, then the electors shall ballot again." Here the constitution and the rule were in opposition: and it was time that the constitution should triumph. The proceedings of the electors, had long been the source of altercation, and of heart-burning through the country. It was high time to still the ferment of the public mind, and to terminate the contest by a declaration on the part of a body legally authorised, that the electors had acted unconstitutionally. This would at once effect that calm, so ardently desired by the patrons of peace and unanimity.
Mr. Mosby wished to effect the same purpose; but he had very different ideas as to the mode of doing it. Surely it was not to be effected by a decision, the very apprehension of which, had produced the ferment. No: That ferment must be allayed not by a vote of censure on the electors, but by the short, the plain, and the easy enquiry, whether they were authorised to pass such a vote. This was the question which was first proposed, and he insisted upon his right to have it first determined.
Mr. Clay, with a view of ascertaining whether the committee were prepared to vote upon the resolution, called for the previous question, "Whether the main question shall now be put?"
Mr. M'Clung again insisted, that the law on which they proposed to act, was the law of the land:—that it was repugnant to no article of the constitution:—that it had been always considered as a regular and constitutional law, and had been suffered to stand upwards of three years unrescinded, and unobjected to. In what light, then, would their conduct be viewed, if now, when they found the law inconvenient, they should suspend its operation and require a repeal? The senate had no power to repeal it. The whole legislature had enacted, and the whole legislature must concur in a repeal. A single branch was utterly incompetent to this purpose. As they were unauthorised to repeal the law, they were equally unauthorised to disregard it. Nothing but an evident repugnance, to the constitution would justify such a disregard. Let gentlemen point out that repugnance,—let them shew, without the aid of remote inferences and forced constructions, the hostility of the law to the constitution, and he would be satisfied. But this was impossible. The necessity of the case required such a law. Contests respecting the election of a governor would naturally arise. And shall two gentlemen (said he) dispute through the whole course of four years, about their right to the office of chief magistrate? Shall we be four years in a state of confusion? No:—it is the duty of the legislature to anticipate and to ward off evils of such magnitude. They have anticipated them: they have made provision against them: and shall a committee of the senate, a committee of one branch of the legislature, pretend to set the law aside?
With respect to that latitude of construction which some gentlemen would use in construing the twelfth section of the first article, in order to make way for the idea, that the second ballot was not inconsistent with it; he could see no propriety in it. In his apprehension the constitution was plain, and he knew not how it could be possible, by any torturing of language, to make it speak a different sense. He insisted therefore upon the amendment he had proposed, asserting that the committee had authority to decide on the contested election of a governor.
Mr. Mosby had no doubt as to the right of the committee to disregard the law in question, having on his mind a full persuasion that it was unconstitutional. It had been asked, why it was unconstitutional? It was unconstitutional because it defeated the very object of the constitution:—it defeated the very object of all good government. Did not the constitution say, that it was "instituted for the peace, safety, and happiness of the people." The immediate tendency of this law, was the very reverse. It had destroyed their peace: it had endangered their safety: it had interrupted their happiness. It was dangerous in its operation,—it was therefore unconstitutional. But it was likewise unconstitutional, because it interfered with the province of the electors: it assumed a power which the people had not delegated. The people had vested the choice of a governor in the electors, and they had not empowered the senate or any other body of men to review their proceedings. He desired any gentleman to produce a single clause from the constitution, which gave them this authority: and if the people had not given it, they had retained it to themselves.
Mr. M'Clung replied that an argument founded on the effect of a law, though a good one for repealing it, was no argument to prove it unconstitutional. If it be a bad law, let us repeal it—but let us not aim at suspending its operation, and prohibiting the execution of it, while it remains sanctioned by legislative authority. This would be utterly unconstitutional. Shall a committee of the senate (said he) assume a dispensing power ? Would a court of justice be permitted to do this? Should we not reprobate it as assuming a power which would tend to the subversion of government? And shall we be guilty of an assumption of power which we should regard as so dangerous in another branch of the government?
Mr. Clay maintained that the resolution proposed, involved no such assumption of power. Should it pass, the committee would report it to the house, and if the house adopted the resolution, they would consequently vote, that the law which authorised them to interfere with the electoral proceedings, was unconstitutional; a vote that would of course be followed by a bill to repeal the act in question,—which, after having passed the senate, would be sent to the other house for their concurrence. In no part of

procedure could he discern any thing illegal or irregular.
Mr. M'Clung replied that the gentleman who was last up, in proposing a repeal of the law, gave up the idea, as to its being a mere nullity. If the law be void in itself, where was the occasion for repealing it? But it seems it must be repealed: it is therefore in force till that repeal takes place: and in force, the senate is bound to obey it.
Mr. Clay observed, that the gentleman had misunderstood him. The law was certainly void in itself: upon that principle they were justified in disregarding it. Thus far it was their duty to go as a committee of the senate; but the senate itself, united with the other branches of the legislature, ought to go farther: they ought not to suffer their statute book to be disgraced, by a law, which should never have existed. The law was unconstitutional, and should therefore be repealed.
Col. Bullitt rose, and spoke with an energy which it would be impossible to translate into a written detail of his observations. Never, through the whole course of his political life, had he felt more alarmed, than at the attempt which was now proposed in the committee. Their duty had summoned them to act upon a law which did not suit their inclination. What was the expedient proposed in this difficulty? It was an expedient which would ostracize the committee, & cast a stain upon the legislative conduct of the senate, which would never be removed. It was proposed to suspend a law till it could be repealed. Was it possible to devise a project more dangerous, a project which would strike more effectually at the root of public justice, or which would render the possession of every right, more uncertain and precarious? The law does not agree with our partialities. It favors an individual not a favorite of the senate. He has certain claims on the justice of this committee, upon the ground of that law. The law must be repealed: but a repeal will not answer the purpose: it must be suspended. This is the object of the motion now before us. I am astonished (said the honorable gentleman) at observing so little agitation in the senate, on viewing the proposal of the gentleman opposite to me. I tremble for the welfare and safety of my country, which I contemplate the abyss into which we are about to be precipitated. The imagination cannot paint a measure more dangerous, and more subversive of public faith and legislative integrity. I know of no evil I would not take in preference to it. Were Pandora's box on one side and the resolution on the other, I should prefer putting my hand into the former, and requiring the evil that would present itself, to taking up the motion which a member of this committee has laid on the table.
Mr. Clay would by no means imitate the example of the gentleman who had spoken before him. It had evidently been his aim to carry away the committee by their feelings. For his own part he wished them to exercise a cool and dispassionate judgment. Their judgment would dictate that the law was unconstitutional, that they could not act upon it, and that it ought to be repealed.
Some short observations were farther made by Col. Campbell, Col. Bullitt and Mr. M'Clung, when the committee divided on Mr. M'Clung's amendment: the members were,
For the amendment 4 Against it 7
Majority 3
The original resolution of Mr. Mosby being then put, the members were, For it 6 Against it 5
Majority 1
Col. Bullitt then brought forward his resolution, declaring that the electors acted unconstitutionally in taking a second ballot.
Mr. Mosby and Col. Campbell, both objected to the introduction of a question which they had already determined they had no right to take into consideration.
Mr. Taylor had no objection to the question being taken, though he was perfectly satisfied that they had no judicial authority in the business, and had not the smallest doubt respecting the propriety of the electors proceedings. The gentleman who had spoken most fully on the question, with a view of showing that they had no right to proceed to a second ballot, had referred to the federal constitu-
tion (from which, he had observed, our's was chiefly borrowed) to prove that a second ballot was not countenanced by that instrument. His own idea was very different: for it appeared to him that the federal constitution actually had sanctioned that very proceeding which they were called upon to blame in the electors. It expressly said, "The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed"; and again, "a majority of all the states shall be necessary to a choice".
The federal constitution, therefore made against the gentleman who quoted it: it was a precedent to the electors in making no return of a governor, till a majority had concurred in the choice of one.
The question was then put, and negatived without a division.
The resolution from the house of representatives for receiving the communications of the governor, was then brought forward and adopted.
The committee rose and reported progress; and the resolutions which had passed in the committee, being put, were adopted by the house.
Mr. M'Clung having remarked, that since they had declared the law respecting elections, unconstitutional, it was necessary that it should be repealed, brought forward the following resolution, which passed unanimously:— "Resolved, that so much of the law of the general assembly, as empowers the senate in a committee of the whole to decide on a contested election of a governor, is unconstitutional and ought to be repealed." He then proposed that it should be immediately sent to the house of representatives, and in case they should concur with the senate, that a bill should be bro't in for the purpose.
It was replied that no inconvenience would result from a short delay, —that it might obstruct the progress of business of more immediate consequence,—and that if a discordance of sentiments between the two houses should be the result, it would lead to an alteration which might be productive of very unpleasant effects.
The question being put, passed in the negative; and the senate adjourned.
Lexington, December 3.
Stephen Ormsby, Isaac Shelby, Caleb Wallace and John Coburn, gent. are chosen Electors, for this state, to elect a President of the United States, who are to meet for that purpose at Lexington on Wednesday next.
The House of Representatives of this state, on the 23d ult. passed a resolution, directing the sheriffs in the several counties in this commonwealth to suspend the sales of all lands in their respective counties which are liable to be sold for taxes due thereon, under any of the revenue laws of this state, until the first day of February next.
It is now almost three weeks since the arrival of a Mail down the Ohio, which has deprived us of any Foreign News.
Answer of the House of Representatives to the Governor's address to both Houses of the Legislature of this state.
To the GOVERNOR of KENTUCKY.
SIR, The sentiments of gratitude which you express through the legislature, to the citizens of this state, in calling you to the important office of chief magistrate, will, no doubt, be received with pleasure.
We are sensible of the sacrifice you have made in quitting the life of a private citizen, by obeying the voice of your country, and taking upon yourself the burthen of public administration. We believe you to be sincere, when you inform us, that in accepting the office which you now fill, you were actuated only by views of public utility; and entertain a pleasing hope, that by your attention to the interest of our common country; your faithful and impartial administration of government, you will secure to yourself the confidence of your fellow citizens.
With you, sir, we contemplate with pleasure, the blessings secured to us by a beneficent Providence, in bestowing on our country peace and plenty, and are sensible that no people ought to be more grateful to the Divine Being for favors conferred, or have greater cause to be more contented and happy.
Your observations on several laws of this state, are pertinent, and your communications satisfactory. You may rest assured, that during the pre-
sent session, they shall be attentively considered; and such provision made, as the nature of the several cases require.
With pleasure we behold the flourishing state of our finances, and the rise of public credit: and we consider it our indispensable duty to be governed by proper economy in appropriating public money; and that none be disposed of, but to useful purposes, tending to promote the happiness and convenience of our constituents.
The assurance your excellency has given of your readiness to accord with the legislature in every measure which may tend to promote the prosperity of the state, affords real satisfaction: and being fully sensible, that harmony should prevail through the several departments of government, for the promotion of the public welfare, we conceive it our duty to assure you, that the representatives of freemen of Kentucky, will, with pleasure, concur in every measure that will advance the happiness and interests of the community at large.
From Gales's Independent Gazetteer.
CONJECTURE
On the Manner in which America was first peopled.
Beyond the Obi, in the immense regions of Tartary is a great river called the Kavonia, which receives the waters of another, known by the name of Leno. At the Kavonia, where it discharges itself into the Frozen Sea, lies a large island, frequented by a vast number of people, who resort to it for the purpose of killing certain amphibious animals which are found there in great abundance, which the people of this country call Behemots. Those creatures are frequently seen asleep on the ice in the Frozen Sea; the huntsmen or fishermen often get on the ice for the purpose of killing their prey; great address is requisite on this occasion, therefore the hunters generally take their wives with them to assist in the chase. It but too often happens, that whilst these poor people are engaged in this business, a thaw comes suddenly on, by which the immense plain of ice is broken into many floating islands. Upon some of these the hunters are sometimes wasted to the shore from which they originally adventured; but when the wind blows from the shore, these unfortunate creatures are never seen again by their countrymen; but whether they perish through cold at sea, or are driven to some other coast, is not known.
Now it is not at all improbable but some of those floating islands may have been driven towards the point of North America, which lies at no great distance from that part of Asia which projects into the sea of Tartary. What renders this opinion extremely probable is, that the Americans, who inhabit the parts to which we allude, have exactly the same complexion and features with the Tartars who live upon the islands mentioned as situated at the mouth of the Kavonia; and precisely the species of beasts and animals are found on the borders of the sea of Tartary, that are seen in the most northern parts of the continent of America.
Such is the conjecture of a writer of great learning and knowledge, who often saw the island we have been speaking of who was Waywode of Smollerikó. That the first Europeans who landed in America found the country inhabited, is beyond doubt. How the ancestors of the natives got there, perhaps never will be known to a certainty; therefore we have no other rule to go by than that of conjecture and probability.
From the same.
A CRUST FOR JOKERS:
SIR,
I ALWAYS loved a good, smart and innocent jest; but, believe me, I am far from always liking a joker.
"Is not this something like loving the treason, and hating the traitor?"
By no means; the man who now & then entertains a company with a jest, is as different from a common joker, as a good free hearted girl is from a common prostitute.
"That is a bold assertion." No bolder than it is true. But to illustrate the position.
There are various sorts of professed jokers. To mention three of the principal, however, will serve our purpose at present.
I shall begin with the wholesale joker, who endeavours to turn almost every thing, however serious in its nature, into laughter; lies in wait for opportunities to say good things, tells many funny stories, in which he stretches the strings of probability; and though he means no harm, and perhaps seldom means any thing, would, rather than lose his joke, risk the loss of his friend. This, I take it, is no very respectable character.
The next in rank is, the retail joker, who deals out jests, as the London gentry in Monmouth-street do clothes; tells old stories which he vouches to be new ones; having himself been present (as he himself says) when the jokes he mentions took place. This is an engrosser of conversation, a waiter of time, an echo twenty times repeated in the ear of a man whose head aches, is not more tiresome than such a fellow.
But there is a third sort, which I term the mischievous joker. One of the most innocent of these is generally enough to make a company unhappy, by making up some lie or other, which if believed, must be productive of painful sensations, and the laughing at the credulous hearers (as being taken in) for having had too good an opinion of his veracity. Another set of these risible gentlefolks cloke their affronts under the name of jokes; and while they pretend to raillery, the true spirit of which they do not, nor will not understand, sport with the characters alike of the present or absent; tell disagreeable truths, with which they have no business, and frequently frame lies calculated to expose people to contempt; and when the matter comes to an éclaircissement, nobody must be angry, for the party was but in joke.
I remember seeing one of these factitious gentlemen brought into a rather disagreeable situation by the exercise of his talent, where it was not relished. He had very dexterously delivered of twins, the sister of an officer (a widow lady) that had been ill of a dropsey; and had said many good things upon the occasion. He had also, with the same dexterity, made her brother quarrel often about this circumstance, and afterwards refuse a challenge.—He embellished his discourse with many jests upon big bellies and red coats, and had nearly finished when the officer in question (who was unknown to him) entered the room. The officer seemed highly pleased with his conversation, and winking to the company, desired him to repeat many of the good things he had said. Afterwards he declared himself her brother, and very coolly begged to be excused "for spoiling a good story by enquiring into the truth of it;" but this he said he must be informed of. The wit immediately recanted every syllable, and declared he was only in jest; but the military man protested, "he did not like such jests, nor would he excuse them." Apologies were offered, but not accepted; and the joker got a good canning in return for his wit and ingenuity, which made him act some very clever capers, to the great entertainment of the company. Will any one pretend to deny that he had his reward;
Now at this species of beings are at the very head of the genus of modern jokers, can any wise and reasonable man be partial to persons of such a description? Plain Truth.
RAN away from the subscriber, on the dry fork of Chaplin, Mercer county, the 20th of October, an Apprentice girl, by the name of Ann Brown in her seventeenth year, of a middling stature, much given to liquor, of a brazen countenance, had on when she went away, an old felt hat, silk handkerchief, brown short gown and petticoat. All persons are hereby forewarned from harboring her—Any person apprehending said girl and sending her home, shall have One Shilling reward, and reasonable charges paid by me. 12p PHIL. BOARD.
TAKEN up by the subscriber living in Haradin county, a stray Mare, natural trotter brand-ell D on the near shoulder, four white feet, a large star and strip, about thirteen hands high, about two years old. JACOB RHOADS. April, 1796. $
JUST PUBLISHED, And may be had at this Office— AN OFFICIAL ACCOUNT Of the Situation, Climate, Soil, Produce, &c. of that part of Louisiana which lies between the Mississippi and New Madrid, or L'Anse à La Grasse, and on the West side of the Mississippi Together with an Abstract of the Spanish Government.
For advertisements see Gazette Extra.

SONG.
THE DESPAIRING LOVER.
DISTRACTED with care, For Phyllis the fair; Since nothing could move her, Poor Damon, her lover, Resolves in despair, No longer to languish, Nor bear so much anguish; But mad with his love, To a precipice goes, Where a leap from above, Would soon finish his woes.
When in rage he came there, Beholding how steep The sides did appear, And the bosom how deep! His torments projecting, And sadly reflecting, That a lover forsaken A new love may get; But a neck, when once broken, Can never be set:
And that he could die Whenever he would; But, that he could live But as long as he could: How grievous soever The torment might grow, He scorn'd to endeavor To finish it so. But bold, unconcerned At thoughts of the pain, He calmly return'd to his cottage again
From the Western Telegraph.
THE AFRICAN'S COMPLAINT.
Phœbus had immersed his flaming forehead in the Western main— Smoothly glided the mild zephyrs, Gently murmuring amongst the sur- rounding foliage—Cynthia in blush- ing majesty began faintly to gild with silver tints the distant hills—a thou- sand glittering gems sparkled thro' the circumambient hemisphere—Na- ture seemed smiling to invite to noc- turnal contemplation the sons of phi- losophy:—courted by the enchanting scenes, and enveloped in a pleasing re- verie, I walked forth amongst the sur- rounding shades. "Happy, ye free born sons of Columbia," exclaimed I, "liberty and plenty blesst your domes- tic retirements; war, devastation, and wide-wasting rapine have fled from your peaceful shores; no murderous assassin or night-prowling incendiary carries the hidden dagger of slaughter or dread torch of destruction to dis- turb your uninterrupted tranquility; no hostile armies to snatch from your tender embrace the son, the husband, the father, or brother—No." I would have proceeded, but a voice that seem- ed to pierce my inmost soul issued from the adjacent shades: despair and an- guish vibrated on the fleeting sounds— my soliloquy was broken—"Fare- well every pleasure," it exclaimed, in a voice rendered almost inarticulate by grief. "Adieu, ye native skies! No more shall the unhappy CORYMBO rest beneath the the spreading arbors of Congo—No more shall the charms of the lovely YONKA give pleasure and delight to a bosom racked with the most excruciating pains; Oh, ye aged parents! what were your feelings, how did your bosoms heave, when your child, your Corymbo, was torn from you by the cruel, unfeeling Christian —forced into a floating dungeon, more terrible than death itself—bar- tered as a slave—exposed to contempt and scorn—unjustly marked with the whip of tyranny—his labour unjustly extorted from him—denied the com- mon necessaries of life—trampled on by a monster, whose avaricious heart outvies the adamant, unsuscceptible of the tender feelings of soft humanity! Oh, thou invisible Being, who sustains the universe! why dost thou suffer thy votaries to perpetrate such barba- rity under the sanction of thy venera- ble name?—Hold. Why do I up- braid Heaven? Death will ere long liberate my distracted soul. Oh! how ineffably glows my breast—the delect- able view, showers some drops of com- fort into my tortured mind. Flow swift, ye intervening moments! Come thou welcome hour! when my spirit shall quit this sinking frame, & waft- ed on the wings of wind, shall fearless dart across the rolling Atlantic and a- gain embrace those tender, once dear, but now distant companions of my youth!—But why do I linge. My master is now waiting to receive an account of my labour—perhaps the toruring lash." Here came back.
like an inundation, the remembrance of his slavery, which had only for a moment fled to give room for a beam of comfort, which soon subsided and left more acute sensations than be- fore. Sobs and inarticulate expres- sions were all that he could utter, whilst in hasty steps he wandered from my hearing. For some moments I re- mained stupid, petrified to the spot; still, methought, I heard the sounds of misery echoing amongst the lonely shades, "Ungrateful countrymen!" I exclaimed, "Why do ye deny those ineffable blessings to your fellow- men that Heaven has so eminently dig- nified you with? Or, why so callous to tender pity, as to lacerate the flesh of the innocent? Oh, ye votaries of christianity! how can ye reconcile your execrable conduct with the pre- cepts of the divine, the exalted and e- levated maxims of the great founder of your system?"
CIRCULAR.
PHILADELPHIA, Sempter 25.
SIR, The republican members of the state legislature, and of congress from this state, before their late adjournment, had a meeting to frame a ticket for e- lectors of the president. They at the same time appointed a committee to communicate to the citizens of Penn- sylvania, any information of import- ance on the subject of the election, which might come to their knowledge at the seat of government.
By the death of David Rittenhouse, from the city of Philadelphia, a chasm has occurred, and the commit- tee after obtaining every information in their power and consulting with some friends from different counties, have agreed to recommend James Boyd, of Chester county, to complete the ticket, as it would have proved an injury to it had a blank remained.
They greatly lament in common with their republican friends throughout the state, that the advocates for a fair election in the last legislature were unable to prevail in districting the state for the choice of electors; they are sensible of the inconvenience of the mode adopted. It was no doubt adopt- ed to promote the views of the anti re- publicans, by giving full scope to their talents at intrigue and combination; but since it has been forced upon us, let us defeat their designs by union and activity.
The present is an important crisis. citizen who now fills the station of chief executive magistrate of the u- nion, has officially declined a re-elec- tion, and the contest for that impor- tant office will lie between two men of very dissimilar politics indeed—Tho- mas Jefferson and John Adams. It re- mains with the citizens of Pennsylvan- ia to decide, in which they will re- pose confidence, the uniform advocate of equal rights among citizens, or the champion of rank, titles, and heredi- tary distinctions;—the steady support- er of our present republican consti- tution; or the warm panegyrist of the British monarchical form of govern- ment, one who has unqualifiedly de- clared as hazardous and dangerous, our departure from his model of excel- lence, the British constitution, in mak- ing our executives and senate elective. No comment upon opinions sub- versive of the basis upon which our free government rest, need be address- ed to Americans; they will in the minds of every one impressions and self-evident truths, that must repel with abhorrence such doctrines.
The issue of the approaching electi- on of president and vice-president, from the best information we are able to procure is likely to depend alto- gether upon the exertions which shall be made in this state in the choice of electors. It is calculated, that the state to the north and south of this will be nearly balanced, so that the casting voice remains with Penn. No greater spur to unremitting exertions can exist. The first executive magi- strate of the union is to be chosen, the contest is between a tried republican and an avowed aristocrat, the balance is in our hands.
AARON BURR of New-York, and THOMAS PINCKNEY of South-Carolina, will be principal, of not only, candi- dates for the vice-presidency; the former will be supported by the re- publican interest.
Should any further information oc- cur worth communicating we shall
* Page 260, 1st volume of Adems defence of the constitutions of govt. of the United States of America Lond. edition of 1787.
immediately impart it. Any informa- tion from you in return on the great objects which should now engage our undivided attention will be thank- fully received.
In behalf of the committee, M. LEIB, chairman.
THE SUBSCRIBER
BEGS leave to inform his customers and the public in general, that he continues to carry on the
FULLING BUSINESS
In all its various branches, at his mill, five miles from Lexington, on Tate's creek road, all those that please to fa- vor him with their custom, may de- pend on having their work done in best manner and at the lowest rates. He takes in cloth in Lexington, on the first day of every Fayette court, at the house formerly occupied by Mr. John M'Nair; and returns the same there when done.
|| 6tf LAZARUS ROGERS.
NOTICE.
I HAVE been appointed guardian to Benjamin and Nancy Chinn, or- phans of Christopher Chinn, deceased. There will be four likely NEGROES exposed to hire for one year, before the subscriber's door, on Monday the second day of January next, three of which are fellows and one woman, said to be as valuable as any in the state. They must be returned well clothed and taxes paid. Those to whom they are at present hired must remember that if it is their contract to clothe the negroes, they must comply with the same by the time above men- tioned.
Also thirty barrels of CORN to be sold on twelve months credit, near Maj. Ransdell's in the neighbourhood of Lexington.
Also fifteen acres of cleared LAND to be rented for one year. Any per- son desirous of renting may view the premises before the day. All persons are forewarned from cutting timber on the land of said orphans. Bond and approved security will be requir- ed.
WALKER BAYLOR.
N. B. The above negroes are not to be hired to any person living more than five miles from Lexington. December 1, 1796.
THE subscriber has four thousand acres of LAND in the officers' boundary, north-west of the Ohio, ob- tained for his own services, two of which lies within three quarters of a mile of the Ohio, on Straight creek, emptying into the river opposite Mr. Lewis Craig's, and adjoining the lands of Stephen Southall, James Poage, David Walker and William Vance, of an early date, said to be valuable; one thousand of which I will sell on mode- rate terms, one moiety paid down, the other a reasonable credit given for. Any person desirous of purchas- ing may know the terms on applicati- on to the subscriber, who resides in Lexington.
WALKER BAYLOR.
December 1, 1796.
ON the 24th inst. I shall attend with commissioners appointed by the court of Shelby county, on Tho- mas Dagley's settlement, near the head of Git's creek, in order to take the depositions of witnesses, to estab- lish said Dagley's claim; and do such other things as may be necessary. I am interested in land that calls to ad- join said settlement.
WILLIAM STAFFORD.
December 2, 1796.
Notice.
THE partnership of Boggs & Ander- son is dissolved by mutual con- sent.—All those indebted to said firm, are requested to pay off their respec- tive balances on or before the first day of January next: Those who fail need not expect any farther indul- gence.
BOGGS & ANDERSON.
December 2.
TAKEN up by the subscriber, living four miles below Buchanan's mill, on Salt river, a bay horse, supposed to be two years old last spring, thirteen hands three inches high, a star, both hind feet white, a black spot in the white of the near foot; appraised to 61.
JOHN DOWNY.
August 24.
FOR SALE.
A likely Negro Girl, aged eighteen years; also a Man and Wench—for particulars apply to the subscriber.
JOHN TANNER.
Living in Woodford county, on Greer's creek.
NOTICE,
IS hereby given to all those whom it may concern, that I shall attend the commissioners appointed by the county court of Shelby, on Wednesday the fourteenth day of December 1796, at James Lees improvement call'd for in his certificate of Settlement and preemption with the commissioners, about two miles above the painted stone, then and there to perpetuate testimony of said improvement, and do such other things as may be deem- ed necessary and agreeable to law. MOSES BOONE.
November 1796.
FOR SALE,
ONE HUNDRED AND FORTY ACRES OF
LAND,
SITUATE in the forks of Elkhorn, about three miles from Nathaniel Saunders's Mill and seven from Frankfort, the whole of it first rate, with good improvements, to wit: two good hewed log houses, besides several other out houses, about twenty-five acres cleared, all under good fence, a small meadow, and a quan- tity more with little trouble and small expence may be converted into excellent meadow; also, an excellent young peach orchard, con- taining upwards of three hundred trees; an excellent never failing spring, which runs thro' said land. A general warranty deed will be given for said land. The terms will be made known by applying to Enoch Fenwick in Lex- ington, or to me on the premises. tf WILLIAM ROBERTS.
NOTICE.
THE subscriber once more earnestly requests all those indebted to him either by bond, note, or book account, to come forward and settle up their respective balances, by the first day of Ja- nuary next. Those who do not avail them- selves of this notice, may expect no further in- dulgence; as I am determined to have all stand- ing accounts settled by that time, without re- spect to persons.
GEO. TEGARDEN.
December 2, 1796.
TAKEN up by the subscriber, living in Har- din county, Hardinville, a bay Mare, three years old, fourteen hands high, has a star and snip, four white feet, branded on the near shoulder ID, appraised to 81.
Also a brown Mare, neither docked nor brass- ed, thirteen hands high, three years old, app- raised to 71.
ADAM BRUNER.
May 8, 1796.
WStp
FOR SALE,
THE HOUSE & LOT whereon I now live, on Limestone street, in the town of Lex- ington: the lot is forty feet front and sixty-six feet back: the house is twenty-four feet front and twenty-six feet back, built of square logs, one story high. Also, a shed fifteen feet wide and twenty-six feet back, with two good fire places in it. Part cash, and part store goods, or other property, will be taken in payment. For terms, apply to tf WILLIAM ROSS.
GEORGE ALAMS,
RESPECTFULLY informs his friends and the public in ge- neral, that he has opened Tavern, in that commodious house on Main street the third door below Cross street; where those who please to favor him with their custom, shall meet with ev- ery possible attention.
NOTICE is hereby given to all whom it may concern, that I shall attend with the com- missioners appointed by the county court of Mer- cer, under the act of assembly entitled "An act to ascertain the boundaries of land, and for o- ther purposes," on the ninth day of February 1797, at a flat spring, and a tree marked W M on the waters of White-Oak creek; it being to establish the said spring and tree and other calls of an entry of 950 acres of land, made on a Military warrant in the name of George Alams, and entered the 22d day of April 1780; and to do such other things as may be deemed necessa- ry and agreeable to law.
DAVID SHEPHERD, Atty. in Fact for the heirs of Geo. Alams
Notice.
I SHALL attend with the commissioners ap- pointed by the court of Franklin county, on Friday the sixteenth of December next, at A- dam Young's improvement, on the North fork of Hammond's creek, about one mile a we- stwardly course from Mr. M'Brayer's house, in or- der to take the depositions of sundry witnesses, and perpetuate their testimony, respecting the said improvement, and other calls in the entry of his preemption warrant, (the title to the land covered by said entry being vested in me) and do such other acts as may be necessary and a- greeably to law. WILL. M'CLUNG. Nov. 21, 1796.
NEW ORLEANS.
THE Subscribers will engage a number of Able Bodied MEN, to conduct their Boats to New Orleans. Liberal wages will be given.— Apply to SLITZ & LAUMAN. Lexington, November 25.
THE KENTUCKY ALMANAC,
FOR THE YEAR 1797,
May be had at this Office, by the gross, dozen or single.

KENTUCKY GAZETTE EXTRA.
NUMBER 12.]
Saturday, December 3, 1796.
[VOLUME X.]
LEXINGTON:—PRINTED BY J. BRADFORD, ON MAIN STREET, WHERE SUBSCRIPTIONS ARE RECEIVED AT 15/ PER ANNUM.
To the Public.
FROM a received opinion that the different Departments in the General Government, now are (or shortly may be) filled with men, whose political sentiments differ materially from those who lately filled them; it may be presumed, that an entire new system of policy may be adopted, or at least a material change made in the present. In either case, Citizens of every description, must feel themselves deeply interested. As there is no other possible method by which the people at large can, at this remote distance, be made acquainted with such proceedings in the different Departments, as will enable them to form a right judgment of the general political system, but through the medium of the press; and as the present plan of the News-Papers published in this State is too contracted, completely to answer to desirable an end, as well as the ordinary purposes of a News-Paper, the Editor submits the following
PROPOSALS
 For Publishing the KENTUCKY GAZETTE twice a week:  I. That this Paper be published every Wednesday and Saturday, from and after the first day of January next.  II. That the price per annum to Subscribers, be THREE DOLLARS AND A HALF; one half to be paid at the time of subscribing, and the balance at the end of the Year. 
As the existence of a News-Paper depends entirely on the patronage of the public; it would be improper to attempt any material change in one already established, without first obtaining their approbation; wherefore, the Editor requests all those who are Subscribers to the KENTUCKY GAZETTE on the present plan, and who disapprove of the above alteration, to signify their disapprobation before the time it is intended to take effect—such as are silent, will be considered as acceding to the proposals, and consequently their papers continued.
The public's humble servant. JOHN BRADFORD.
November 19, 1796.
NICHOLAS BRIGHT, BOOT & SHOE
MANUFACTURER,
RETURNS his thanks to his friends and customers for their past favors, and hopes by attention to business to merit them in future. He begs leave to inform the public in general, that he has removed his shop, (some time since) on Cross Street, at the lower end of Col. Hart's rope walk—where he continues to carry on the above business in all its branches. He has received from the settlement, an assortment of the best leather, and has as good workmen as any in the United States. Ladies may have silk, stuff, or leather shoes, as neat as any made in Philadelphia.
He wants five or six Women's Workmen, to whom good wages will be given.
Lexington, October 1.
RAN AWAY
FROM the subscriber, living in Woodford county, a young, dark mulatto woman, named BETTY, aged about twenty years, of a low stature, had with her, a green skirt, and a white Marabou, spring-heeled slippers, a hat, and several handkerchiefs—she has a large eye brow, a small scar in the edge of her hair, flat nose, and lips rather thick. She is probably about Lexington, Capt. John Holder's, or Bourbon. Whoever will secure her in jail, shall have a reward of FIVE DOLLARS—if she is brought home a reward of TEN DOLLARS shall be given by
H. MARSHALL.
Nov. 9.
3w
TO BE SOLD
TO THE HIGHEST BIDDER, On Thursday, the eighth day of December next, at the plantation of Joseph Royal Farrar dec. the stock of horses, cattle, sheep and hogs, together with household and kitchen furniture, and all the crops of corn and fodder of said deceased. Twelve months credit will be given the purchasers, for all sums above forty shillings, on giving bond and approved security to
JOSEPH ROGERS, } ADMRS. AND JENNEY ROGERS, }
N. B. At the same time and place, there will be Negroes to hire out, and Cleared Land to let.
LAND For Sale.
THE SUBSCRIBER
HAS several tracts of Land in different parts of Kentucky, for sale, which he will dispose of reasonably.
JOHN CLAY.
Lexington, 4th August, 1796.
STOLEN
FROM the subscriber, living one mile below Abingdon, in Washington county Virginia, a large bay Horse, about fifteen hands high or upwards, four years old last spring, remarkably round bodied, trots and paces, has been worked constantly this summer, and rides very clumsy, has a small star and has been branded on the near jaw with some thing like a T, but is not very perceivable, he is out of a Telo horse, and shews the marks of that breed, and is sleepy eyed, his mane and tail black, switch tail, light mane; was stolen about the night of the 25th of this instant. Any person securing the horse and thief so that he may be brought to justice, shall have thirty dollars reward, or for the horse fifteen dollars and reasonable charges, paid by me.
August 31. ROBERT CRAIG.
A. & J. W. HUNT, WILL PURCHASE TOBACCO Of the present year's growth, at their stores in Lexington, Danville and Frankfort.
This is to inform my friends, and the public in general, that I have just opened
A STORE,
In Lexington, where I formerly kept Saddle-shop, at the corner of Main and Cross Streets—Consisting of
A handsome assortment of Dry Goods, and Hard Ware—among which are a few sets of Saddler's and Shoemaker's tools complete. A most elegant assortment of Millinery's work, such as Bonnets, Hats, Cap, Feathers, and a number of other handsome pieces of Ornament for ladies. Together with a few lady's Watch Chains, and Gold Ear Rings; all of the newest fashion.
ALSO
A large and general assortment of
MEDICINE,
Among which is the following Patent Medicine, (to wit.)
 Csfor, Sweet, and British oil.  Godfrey's cordial.  Bateman's drops.  Turlington's balsam of life.  Anderson's pills. 
ALSO
Madder Allum, Whiting, Ink-Powder, and a quantity of excellent Spunge; together with a number of other articles too tedious to mention. All of which will be disposed of at whole sale or retail, by the public's most obedient, humble servant.
Aug. 25. BENJ. S. COX.
I have some valuable tracts of Land in different parts of this State; as well as upwards of one hundred thousand acres in the great bend of Tennessee, which is well known to be of the first quality. Any gentleman inclined to purchase, may be furnished on the most reasonable terms, and the titles indisputable; which may be seen, by applying as above.
FOR SALE,
THAT large and commodious House, on Main Street, formerly occupied by Messrs. Irwin & Bryan, and at present by Messrs. Smith Price & Co.—its advantageous situation for public business is so well known, that it needs no recommendation. For terms apply to the subscribers, who are authorised to sell and convey the same.
THOMAS IRWIN, JOHN A. SEITZ.
LEXINGTON, SEPTEMBER 1.
NOTICE.
HAT Commissioners appointed by the court of Franklin county, will meet on Wednesday the 7th of December, at Goar's Station, and proceed from thence to an entry of four hundred acres of land, on the north side of Elk Horn, in the first bottom above Goar's Station, made in the name of Abraham Keller; in order to take the depositions of sundry witnesses, to establish the calls in said entry and perpetuate their testimony; and do such other acts as shall be deemed necessary and agreeable to law.
JOHN KELLER.
November 17 1796.
MADISON, (to wit.) October Court, 1796.
ORDERED, that the sheriff of Madison county, summon Betty M c Guire, Polly Overly, Zechariah, Cady, William and Lucy Welch, heirs and legatees of Thomas Welch dec. to appear before the justices of the county court of Madison, at the court house, on the first Tuesday in December next, to show cause, if any they can, why the lands which they claim as heirs to the said Thomas Welch, should not be exposed to sale—and that a copy of this order be published eight weeks in the Kentucky Gazette. (A copy.) Teste
WILL. IRVINE, C. M. C.
CHEAP LANDS
The Subscribers purpose selling the following Tracts, viz.
FIVE hundred acres, part of that noted tract called Lloyd's Woodstock tract, within eight miles of Lexington and seven from the Kentucky river; in the center of which is a never failing spring.
Five hundred acres, lying within six miles of the town of Georgetown, in the county of Scott, and one mile from the river; made in the name of John Molby, adjoining Coleman's station.
Five hundred acres, situated on the Hanging River, within six miles of the late Governor's one hundred and twenty acres of which is well cleared; on it is a peach orchard of six hundred trees, that has made four hundred gallons of brandy in one year, and there is every appearance of a sufficiency of fruit to make five hundred this season; with an apple orchard of four hundred flourishing trees, and a choice collection of cherry trees; together with seventy-five thousand well burnt bricks, and a good frame for a house. The above farm rents this year for two hundred dollars.
We will sell the above property VERY LOW, as we are in want of money, and will give a good and sufficient title.
ABIJAH & JOHN W. HUNT.
22 For Sale,
SIX THOUSAND ACRES OF LAND,
ENTERED for Maj. John Molby, dec. and patented in the name of Littleberry Molby, heir at law of said John Molby; lying on Main Licking, being part of ten thousand acres, beginning at one hundred poles above the mouth of a creek that runs into Main Licking on the north east side, about four miles below the south fork of Licking, and extending down Licking in ten surveys.—It is unnecessary to describe the land, as the purchaser will be disposed to make the necessary enquiries previous to his making any proposals.—The title is supposed by those who have carefully examined it to be unquestionable.—Upon paying part of the purchase money, a reasonable credit will be given for the balance.
James Brown, Atty. in fact For Littleberry Molby, jun.
Lexington, July 15, 1796.
N. B. I will also dispose of any other Lands in Kentucky claimed by said Molby.
THE partnership of M c Coun & Castleman is this day dissolved by mutual consent.—All persons indebted to them, are requested to make immediate payment of their respective accounts, as no further indulgence can now be given. The books are in the hands of James M c Coun.
STORE will be continued by the subscriber, in the house lately occupied by M c Coun and Castleman, where he means to sell on low terms.
JAMES M c COUN.
Lexington, August 13, 1796.
NOTICE.
ALL persons having demands against John May deceased, either for money due to them, or for contracts payable in lands, are requested to transmit to the subscriber a copy of their demands or contracts. All who are indebted to said John May, either for money due to him, or contracts for land purchased from him, or for locating lands in the state of Kentucky, are requested to make payment, and to perform their specific contracts immediately. The said deceased has by his last will and testament, subjected his lands to the payment of his debts, and the subscriber will make it the first object of his administration to provide for the same, with as much dispatch as the nature and circumstances of the estate will admit of. And whereas the said John May met with a premature death, by the hands of the Indians on his passage down the river Ohio, many papers and much information perished with him, his probable the subscriber may need the information of others in some matters relative to the negotiation of the deceased, in the western country, and he will thankfully receive any communications which gentlemen acquainted with the concerns of the deceased, may think proper to make.
I have appointed Mr. Thomas Carneal my agent in Kentucky to receive and forward all communications in that state, alluded to above. As the want of a legal representative since the death of Mr. May, has obstructed all operations relative to his transactions and no doubt to the injury of many, I now intreat that all persons concerned may bring forward their business immediately.
DAVID ROSS, Administrator.
Richmond, January 22, 1796.
P. S. Letters directed to me in Lexington upon the aforesaid business (postage paid) shall be duly attended to by
THO: CARNEAL.
FOR SALE
ONE thousand acres of the late General Stephen's military survey of LANDS on Hickman, about ten miles from Lexington, and adjoining that part on which General Lawson now lives. For terms apply to Thomas Hart and Cornelius Beatty of said town who are empowered to dispose of the same.
I HAVE FOR SALE, ABOUT
330 Acres of LAND,
LYING on Shannon's run, near Parker's mill, in the county of Fayette, being part of Angus McDonald's military survey—this tract is as well watered as any in the state, and abounds in a number of excellent and never failing springs; between 50 and 60 acres cleared, about 8 acres whereof is beautiful meadow—title indisputable. Maj. Shreihly, who lives near this tract, will show the premises. A general warranty will be made to the purchaser, who may know the terms on application to Peyton Short, of Woodford, who is authorized to dispose of the same, or the subscriber.
THOMAS CARNEAL.
FRESH GOODS
Alex. & James Parker,
HAVE just imported and now opening at their STORE in LEXINGTON, opposite the Court House, a large and handsome assortment of well chosen MERCHANDIZE, suited to the present season; which they will sell on very moderate terms for CASH and HIDES.
May 27, 1796.
STRAYED
FROM the plantation of Mr. George Trotter, one mile from Lexington, a light colored sorrel Horse, about five feet high, five years old, blaze face, white hind feet and legs as high as the knee, a long switch tail, light mane, his main and tail of a light colour, a natural trotter. Whoever takes up said horse, & delivers him at the store of Col. Trotter, shall have TEN DOLLARS, and all reasonable charges, paid by
ALEX. SCOTT.
Sept. 12.
FOR SALE, A BEAUTIFUL SITUATION OF
First qualified Land.
CONTAINING three hundred and thirty acres, on Main Elk Horn, four miles from the mouth thereof, where it empties into the Kentucky river, and six miles from Frankfort; the land is level and lies exceeding well for farming and meadow; there is thirty-five acres cleared and under good fence, several very good cabins, a good spring and a valuable mill lot, likewise abundance of excellent timber of different kinds, and the range equal to any in the district—a good title will be given by the subscriber, living on the premises, in Franklin county.
JOS. FENWICK.
July 22, 1796.
FOR SALE,
The following Tracts of LAND, the property of Capt. Thomas Belfor, (to wit.)
8000 Acres on the waters
of Slate and Flat creeks, near the Iron Works, entered and patented in the name of William Day.
Also 1000 acres on the north fork of Licking, in Mason county, half of Samuel Henry's 2000 acre survey. And
500 acres, Nelson county, on Abner's creek, in the name of John Pemberton.
The above lands will be sold low for cash, or exchanged on advantageous terms for Military lands on Green river, or for good lands, conveniently situated in the Cumberland country. The purchaser will apply to the subscriber, living in Scott county.
WM. HENRY, Agent.
August 3, 1796.
For said Belfor.
AM instructed by Doctor Tennant of Virginia to sell 200 acres of his MILITARY CLAIM on the Ohio, a few miles above Louisville. The LAND I am informed, lies well, is well watered; and the title will be secured by a general warranty. For terms apply to me in Lexington, either personally or by letter.
JOHN WATKINS jun.
TO BE SOLD,
At the plantation of Edmund Bryant deceased, on Hickman road, about four miles from Lexington, on the twelfth day of December next, the estate of the said deceased, consisting of Stock of different kinds, Corn and Hay, with Farming utensils, and other property too tedious to mention. The terms of sale to be made known on said day.
All persons having demands against said estate are requested to bring forward their accounts properly attested in order that provision may be made for payment. Also all persons indebted to said estate, are requested to make immediate payment to
JOHN BRYANT, Adm r . Fayette county, Nov. 22. 2w52st
TO BE SOLD,
ON Thursday the eighth of December next, (if fair, if not, the next fair day) at the plantation of John Price dec. on the waters of South Elk Horn, the estate of said deceased, consisting of Horses, Cattle, Sheep, Hogs, Corn, Small Grain, Hay, and sundry other articles, particularly a quantity of Peach Brandy. Six months credit will be given for all sums above twenty-five shillings, by giving bond with approved security. All persons having any demands against said estate, are requested to bring forward their accounts properly attested, that provision may be made for payment. Likewise all persons indebted to said estate, are required to make immediate payment to
WILLIAM PRICE, } JOHN PRICE, } ALFRED WILLIAMS, } JOHN BRIANT. } Fayette county, November 22.

Notice.
The following tracts of Land, lying in the county of Harrison, will be sold at the Court house, in said county, or so much thereof as will be sufficient to pay the tax due thereon to government. The sale to commence on the fourth Monday in December next, and will be continued by adjournment, from day to day, until the whole is sold, viz.
Second Rate.
 William Campbell, 1000 acres, Mill creek.  Thomas Devenport, 1014 1-2, Raven creek.  Edmund Hawkins, 100, Bank lick.  Benjamin Stephens, 1000, Mill creek.  Gen. Dan. Morgan, 1256, Hinkson's fork, of Licking.  John Kenny, 1000, Mill creek.  Thomas Chinn, 1000, ditto.  John Coleman, 1000, ditto.  Smith Payne, 1166 1-3, South Licking. 
Third Rate.
 Jacob Graybell, 3000, Licking creek.  John Watson, 1968, main south fork Licking.  WILLIAM HINKSON, Shff.
Notice.
WE shall attend with the commissioner appointed by the court of Franklin county, on Saturday, the seventeenth day of December next, at Philip Young's improvement, on the South fork of Benion, near the junction of the South and Knob forks of the same; in order to take the depositions of sundry witnesses, and perpetuate their testimony respecting the said improvement and other calls of the entry of his preemption warrant, (the title to which is vested in us) and do such other acts as may be agreeable to law. JOSEPH RODGERS. Nov. 21, 1796. WILL. M'CLUNG.
NOTICE.
To all whom these presents may concern, I shall attend at the house of Mr. Abraham Reece in Shelby county, on the waters of Clear creek, a branch of Brasfield's creek, on Tuesday the thirteenth day of December 1796, with commissioners appointed by the court of said county, for the purpose of taking the deposition or depositions, as the case may be, in order to establish a claim of land for John Withers and James Duncan, on said Clear creek, calling for a cabin built by Evan Hinton, and proceed from said Reece's to the cabin called for in said entry.
GEORGE MARSHALL, Atto. in fact for said Withers.
SCHEME OF A LOTTERY
For raising the sum of Ten Thousand Dollars, for the purpose of erecting a DUCK and LINEN MANUFACTORY in Georgetown. In three Classes—4000 Dollars by the first, and 3000 the two last.
CLASS THE FIRST.
  1 Prize of 2000 Dol. is 000 Dol.   1 1000   3 400   1 300   6 200   10 100   20 50   40 20   800 12   695 6   of 200 dollars each being 4170   1 for the first and 1 for 400   the last drawn ticket, 6670 
1779 Prizes. 3555 Blanks.
5334 Tickets, at 5 Dollars each is 26670 Subject to a discount of Fifteen per Centum.
As every encouragement ought to be given to manufactures in this state, this in particular claims the attention of the public. The many advantages which will arise from manufacturing Duck, must be forcibly striking to every man of reflection, that the managers think it unnecessary to enlarge on the subject; and the liberal principle upon which the scheme is founded (not two blanks to a prize) will, exclusive of that encouragement, justify the speculative adventurer upon principles of gain. The managers therefore flatter themselves that they will meet with such encouragement in the sales of the tickets as will in a short time justify their appointing and giving public notice when the drawing of the lottery will commence.
Tickets may be had by applying in Lexington to messrs. John Bradford and Alexander M'Gregor, in Frankfort to Mr. George Madison, in Versailles to Doctor Preston, or to
 J. GRANT,  W. HENRY,  J. HAWKINS.  Managers.
Any person purchasing 20 tickets shall have credit until the Lottery is drawn.
ALL persons indebted to the printer hereof, are earnestly requested to pay up their respective balance—those who live at a distance, and whose papers are conveyed by post, may discharge their accounts at the post offices where their papers are lodged—viz at Washington to Mr. Edward Harris; at Paris to Mr. Thomas Eades; at Frankfort to Mr. Richard M'Canal; at Harrodsburg to Mr. Philip Bush; at Danville to Mr. Walter E. Strong; at Bairdsfown to Mr. Benjamin Grayson; at Louisville to Mr. Michael Lacasagne; and at Georgetown to Mr. William Story, who will be furnished with the respective accounts.—The above Gentlemen will also receive subscriptions for this paper, at 15s per annum, one half to be paid at the time of subscribing, and the balance at the expiration of the year.
It is needless to urge the necessity of a compliance with the above request, as every one must be sensible that it will be otherwise impossible for the Printer to comply with his necessary engagements, having no other resource.
TO BE RENTED, In the Town of MILFORD, Madison Court House,
A HOUSE and LOT, the most convenient of any in said Town for a Public House, with Stables &c. for one year, or a longer time. For terms apply to Benjamin Holladay, living near Milford. SAMUEL ESTILL. Nov. 7.
TO BE SOLD, by Public Vendue,
AT the Court house in Mason county, on the 5th day of December next, the following tracts of LAND, or so much thereof as will pay the taxes due thereon, for the years 1792, 1793, 1794, and 1795—the sale to continue from day to day if necessary, viz.
 Daniel Henry, 10,000 acres, 3d rate, Ohio.  Charles Taylor, 30,640, do. Little Sandy.  Chapman Austin and Others, 4000, 2d rate on the north side of Licking, surveyed for Thomas Austin.  John Fowler, 1162 3-4, do. surveyed for Fowler and Pitts of Ohio.  Same, 1860, do. near the Ohio.  Same, 500, do. Paint creek, Sandy.  Same, 1000, 3d rate, do.  Same, 1000, do. do.  Same, 1000, do. do.  Same, 1000, do. do.  Same, 1000, do. do.  Same, 7992 3-4, do. south fork of big Sandy.  Charles Fleming, 16,191, do. waters of Ohio.  William Petters, 581 1-2, do. Sandy.  Gideon Grantlin, 1000, 2d. rate, Ohio.  John Miller, 1000, do. Sandy.  John & Thomas Miller, 10,752 1-2, do. do.  John & William Miller, 1000, do. Ohio.  Charles & William Marshall, 13,116, do. north fork of Licking. William Marshall's half paid.  Robert Wood, 1000, do. Ohio.  James Wood, 1000, do. do.  The heirs of Joseph Wood, 1005, 3d rate, Licking. 
 Reuben Austin, 1000, 2d rate, Licking waters.  Same, 2000, do. do.  Jesse Anderson, 1000, do. do.  Abraham Archer, 2000, do. Johnson's fork.  James Bell, 7118 1-2, do. Licking.  John Crenhark, 1000, do. Licking waters.  Fielding Pickle, 60, do. Licking.  John Harris, 3700, do. Locust creek.  Jordan Harris, 5000, 3d rate, north fork of Licking.  Capt. John Harris, 5000, do. do.  Col. Geo. Stubblefield, 3030, do. Fox's creek.  Allin Wormack, 5000, do. each side of little Sandy.  Charles Patterson, 5625, do. on the north fork of Licking creek.  Samuel Bell, 450, do. on Licking.  Stephen T. Mason, 12,000, do. on Sandy.  Henry Timberlick, 1000, 2d rate, on Licking.  Robt. Pollard, 16,191, 3d rate, waters of Ohio.  Bennett Fisher, 500, 2d rate.  James Douglass, 1000, do.  Charles Grimes, 12,000, 3d rate, Licking.  Graham & Jones, 20,500, do. Triplett's creek.  Richardson Holt, 1000, 2d rate.  James Hoofman, 555, 3d rate, Cabbin creek.  David Rofs, 1400, 2d rate.  Same, 2000, do.  David Rofs & John May, 60,000, 3d rate, big Sandy.  Giles Rains, 200, 2d rate.  Oliver Cleland, 865, do. on Locust creek.  William M'Kinney, 700, 1st rate.  George Mason, 2748, 3d rate, Otter creek.  Samuel Ragland, 2002, do. on the Ohio.  Thomas Crawley, 3000, do. Licking.  James Brown, 4000, do. Sandy.  Joseph Merri, 4000, do.  George Merri, 1000, do.  John Ramsey, 600, 2d rate, Sandy.  Richard Webb, 1025, do. Licking.  Same, 600, do. do.  John Bledsoe, (of Virg.) 500, do. N. Licking.  William Carey, 500, do. on Steptone creek.  William Wilton, 1000, do.  John Hunt sen. 600, do.  Same, 11,918, 3d rate.  William Alexander, 3274, do.  John Galloway, 10,666, do.  William M'Jenkins, 3000, 2d rate.  Alexander Stewart, 500, 2d rate.  William Burnett, 1332, do.  Hendley's heirs, 200, 1st rate.  Samuel Rayland, 2002, 3d rate.  Robert Daniel, 13,345, 2d rate, on Tyger creek.  Jacob Myers, 18,924, do.  Same, 4883, 3d rate. 
THOMAS DOBYNS, Shff.
NOTICE.
THAT commissioners appointed by the court of Franklin county, will meet on Wednesday the 7th of December, at Gear's station, and proceed from thence to an entry of four hundred acres of land, made in the name of John Keller, lying on the south side of Elkhorn, opposite to Gear's station; then and there to take depositions of certain witnesses, in order to perpetuate their testimony respecting the calls in said entry; and do such other acts as may be deemed necessary and agreeable to law.
JOHN KELLER. November 17, 1796.
NOTICE.
THAT commissioners appointed by the court of Franklin county, will meet on Wednesday the 7th day of Dec. at Gear's station, and from thence proceed to an improvement on the North side of Elkhorn about one and a half miles from the mouth, and called for in a certificate for preemption, in the name of Isaac Keller, in order to take the depositions of certain witnesses and perpetuate their testimony respecting said claim, and do such other acts as shall be deemed necessary and agreeable to law.
JOHN KELLER. November 17, 1796.
WHEREAS my wife Mary Coll, has eloped from my bed and board—this is therefore to forewarn all persons from crediting her on my account, as I am determined to pay no debts of her contracting after this date. I also forewarn all persons from harboring or entertaining her or the children, as I shall put the law in force against all offenders.
His RICHARD COLL. October 10, 1796. 3tt Mark.
LOST, On the road leading from Lexington to Mr. Alexander Brites's, on Little North Elkhorn on the 17th of this inst.
RED MOROCCO POCKET BOOK, containing some papers, which will be of no service to any person but the subscriber; any person finding the same and conveying it and its contents to me, living near Danville, or to Mr. Bradford in Lexington shall have TEN DOLLARS by me.
BENJAMIN ANDERSON. Oct. 18, 1796.
200 acres of Land
FOR sale, as good as in the state, on the main road leading from Lexington to major Henry's mill, six miles from Lexington and six miles from Georgetown: 90 acres in good fence, 85 cleared, 8 acres of as good meadow as in the state. The title indisputable.—For terms apply to Mr. John Gardner, who is fully authorized to make sale by me.
ROBERT BENHAM.
WASHING
To be had at the subscriber's—and a few GENTEL BOARDERS will be taken, next door to Mr. Huston the saddler, on Main street, Lexington.
JOSIAS BULLOCK. May 23, 1796. 3w
THIS is to inform the public, that Fulling and Dying in its various branches is carried on by the subscriber, in Fayette county near Todd's ferry on the Kentucky river—all those who will please to favour him with their custom, may depend on having their work done in the neatest and best manner and on the shortest notice.
Woolen, Coiton or Linen thread dyed blue or green.
JOHN M'MILLIN.
N. B. He takes in cloth at capt. Sharp's, in Woodford the first Tuesday in every month; also in Lexington at C. & H. Curner's the second Tuesday in every month.
TO BE LET
FOR the term of three years, the Plantation I formerly lived on, situate in the county of Mercer and on Chaplain's fork (between widow Harbinson's and Thomas Harbinson's) on the road leading from the Knob lick to Bairdsfown—near sixty acres well cleared, fifteen of which are set with timothy grass, four acres of an apple and peach orchard, with necessary buildings, and an excellent spring—for terms apply to Samuel Ewing esq. living near the premises. 6tf WM. M'BRAYERS.
At a meeting of the Committee of the TRANSYLVANIA LIBRARY , held on the 22d day of October 1796, it was resolved,
THAT whereas many sharers in the Library, have neglected to pay their half yearly subscription of three quarters of a dollar, due in June last; they be informed by public advertisement, that agreeably to the rules of the institution, their shares will be forfeited, if their arrears be not discharged before the commencements of the next year.
HARRY TOULMIN, Clerk.
TAKEN up by the subscriber, living in Shelby county, near the mouth of Simpson's creek, a white Mare, about fourteen hands high, about ten years old, branded on the near buttock and shoulder G, long tail, appraised to 14l.
FRANCIS CUNNINGHAM. July 19.
FOR SALE, THE FOLLOWING TRACTS OF LAND:
ONE in the County of Woodford, on the Kentucky river, containing about 250 acres, about 8 or 9 miles from Frankfort, by land, and about the same distance by water, for which I will give a general warranty.
Another on Green river, of 1000 acres, about five miles above the mouth of Big Barren, it is a part of my military right, and for that I will likewise give a general warranty.
Also my right to the following entries in my name, viz. one for 1500 acres of land on the Tennessee; another for 1000 acres, about 5 or 6 miles from the Mississippi; and another for 1666 and two thirds acres on the Mississippi, five or six miles below where it was formerly intended a town should have been laid off.
Apply to John Fowler Esq. in Lexington, to William Trigg Esq. in Frankfort, or to me in Woodford county.
GEORGE MUTER.
Blank Deeds for sale at this Office.
WANTED TO HIRE, A GOOD DISTILLER:
ONE who can come well recommended for his knowledge of the business, his honesty and industry, will meet with generous encouragement by applying to R. ELLIOT & Co. at their store in Lexington, or Tho. HART, JUN. at his plantation.
The highest price will be given by them for good clean RYE, which will be received at either place. tf
CASH FOR HIDES.
I WILL give Cash for Hides at my Tan-Yard, nearly opposite Col. Patterson's, on Water street in Lexington—where I will also take hides to tan on the shares. SEPTEMBER 1. JACOB KISER.
REID & MCILVAIN, SADDLERS,
RETURN their most grateful acknowledgments to those who have favored them with their custom, and hope for a continuance of the same.—They beg leave to inform their friends and the public in general, that they still continue to carry on their business in all its branches, at their old shop in Lexington, opposite Mr. Bradford's printing office, and at Versailles next door to Mr. Nutt's tavern—Gentlemen may be supplied with any article in the Saddling line, at either of the above places, on reasonable terms, by wholesale or retail. Orders will be thankfully received and executed with punctuality and dispatch.
ALL PERSONS
INDEXED to the late partnership of IRWIN & BRYSON, are requested to pay their accounts or notes to THOMAS IRWIN or JOHN A. SETZ, who only can give discharges. One months indulgence will be given.
ISRAEL HUNT,
BOOT & SHOE MANUFACTURER.
RESPECTFULLY informs the Public in general, and his friends in particular, that he has commenced business in all its various branches, on Cross street, one door from Main street. He flatters himself from his experience and attention, to far excel any in this place. He has furnished himself with a few excellent workmen, together with some of the best materials that can be produced.
He wants six or eight more good Journeymen, (and none other need apply) to whom generous wages will be given; also one or two apprentices. Lexington, October 1, 1796.
FOR SALE.
Six Hundred Thousand Acres of Valuable LAND,
SITUATED in the counties of Franklin, Clarke, Bourbon, Mason, Madison, Lincoln, Hardin and Greene. The taxes shall be paid, and other incumbrances discharged at the time, and in the manner prescribed by law.
The subscriber, who will hereafter reside in this town, is authorized to dispose of the above mentioned property by a power of attorney, recorded in the office of the court of appeals. As he means to practise law in the adjacent courts, persons desiring to purchase the different tracts, will have an opportunity of contracting with him at any of those places.
Charles W. Bird. Lexington, July 8, 1796. 12mf
TO BE RENTED
FOR ONE OR MORE YEARS, AND POSSESSION GIVEN THE FIRST DAY OF JANUARY NEXT, ONE hundred and sixty acres of well cleared Land, divided into four separate tenements.—There are on each of these places, cabins, a good spring, and the fences in repair. Also negroes to hire (five men and four women) for six or twelve months.
A few tenants will meet with good encouragement, to clear lands for a term of years, on the tract I now live on, seven miles from Lexington and six from Georgetown.—For terms enquire of the subscriber. 6w
SAMUEL MEREDITH.
Fayette county, North Elkhorn, Nov. 13, 1796. I SHALL attend with the commissioners appointed by the court of Mason county, on the tenth day of December next, at my house on the waters of the North fork, near George Lewis's mill, in order to take the depositions and perpetuate the testimony of sundry witnesses, respecting an entry of 500 acres of land, entered on a Treasury warrant in my name, and do such other acts as shall be judged necessary and agreeable to law. [post] OCT. 31, 1796. SAMUEL STRODE.
TAKEN up by the subscriber, on the east of Hickman, a forrel filley, two years old, not docked nor branded, appears to be about thirteen hands high appraised to 6l. RICHARD CREWS. July 13, 1796.
NOTICE is hereby given, that the subscriber has become Guardian to the children of Robert Boyd deceased; and he desires all those indebted to the estate of said decedent, to make payment by the first of January next; as he is going to lay out the same in land, for the use of the children. 83 ELIJAH KIRKPATRICK