The Kentucky gazette (Lexington [Ky.]), 1795-01-03 00:00:00

Kentucky Gazette.
[NUMB. XVI]
Quicquid agunt homines—nostri farrago libelli. Juv. Sat. 8. v. 85.
[VOL. VIII]
SATURDAY, JANUARY 3, 1795.
LEXINGTON; Printed by JOHN BRADFORD, at his Office on Main Street; where Subscriptions, (at Fifteen Shillings per Annum) Advertisements &c. are thankfully received, and Printing in its different branches done with care and expedition.
TAKEN up by the subscriber, near Boon's Station a dark forrel mare 3 years old last spring, about 14 hands and a half high, with a blaze face, branded on the near haunch P, appraised to 15l.
ALEX. EVANS.
TAKEN up by the subscriber, living on Hickman, a gray mare, seven years old, branded on the near buttock and jaw IR, trots, appraised to 18l.
PATRICK GRAY.
April 13, 1794.
TAKEN up by the subscriber, living in Scott county, near George town, a bay horse 3 years old, about 14 hands high, a star in his forehead, branded on the near shoulder O and on the near buttock 7, a number of white hairs about the wethers, appraised to 10l.
Also, a roan mare colt, a small star in her face; neither docked nor branded, both hind feet white, appraised to 6l. 10s.
JOSEPH ROGERS.
ALL persons indebted to the subscriber either by bond, note or book account is most sincerely requested to come forward immediately and pay up or give their notes for their respective balances. Those that fail, cannot expect nor shall they have any further indulgence.
JOHN JANUARY.
A SMART boy between 14 and 16 years of age who can come well recommended and writes a tolerable hand, may meet with employment in a Store in Lexington, by applying to the Printer.
A TAVERN
WILL be opened by the subscriber, in the Stone house, at the sign of the Eagle in Baird's town, on the 12th instant. This being a large house, containing a number of convenient rooms, the subscriber will at any time furnish those gentlemen who choose to call on him, with a private room, a clean bed and every other accommodation which the place will afford. Having also a good stable, the best attention shall be paid to horses.
James Crutcher.
Baird's Town, January 1.
TAKEN up by the subscriber, living on Cane run Fayette county; a light forrel mare, 13 hands and a half high, five years old next spring, blind in the near eye: Appraised to 5l.
John Hancock.
TAKEN up by the subscriber on the waters of Muddy creek, Madison county, a black mare ten or eleven years old, four feet four or five inches high with a star in her forehead, and the near side of her face much mixed with white hairs, the hind feet white, branded on the near side of the neck but not legible, on the near shoulder thus P and on the near buttock thus H appraised to 7l.
August 21. * John Bowman.
WHEREAS I lost a due bill of fifteen dollars, given by James H. Stewart of Lexington; this is therefore to caution any person from purchasing the same, and said Mr. Stewart from paying it to any other person than myself.
Thomas Hutchinson.
Lincoln, Jan. 1, 1795.
3w
THIS day came into a drove of cattle for Elliott & Williams, under my care on Eagle creek, one black and white year old steer last spring and heifer, they were turned out sundry times but followed the drove to the mouth of Licking, and was left in the care of Mr. Cannilay. The heifer was marked with a crop off the right ear and a nick in the under side of each ear; the steer was marked with an upper keel and underkeel. The owners of such cattle may get their property by proving it, otherwise by proving their marks may receive six dollars and a half, deducting the charge of this advertisement by
JOSEPH SIMPSON.
November 17, 1794.
1w
Whereas a certain Arthur Hopkins, has made free to inform the public (in a paper of the 29th of November 1794) that I have obtained two bonds from him by deceit and fraud. I now mean to make it known how it happened that said bonds were given to me by said Hopkins; they were given in consequence of a horse that I sold to him; and at the time we were bargaining, I informed him that the horse had been very sickly (before he fell into my hands) as I had been informed, and in consequence of his sickness he was gelded. Mr. Hopkins then asked me what the consequence would be if the horse should take sick after he purchased him? My answer was that I would not be answerable for any thing that happened to the horse after I parted with him, and observed to him that the horse might take sick and die the next day for all I knew: this I can prove by all the bystanders that were present when we bargained: so the public will please to judge whether I obtained the bonds in the manner Mr. Hopkins has observed.
Nathaniel Owens, of Greene county.
Dec. 20, 1794.
w
I HAVE a quantity of WHISKEY,
FOR the use of the army, for which CASH will be offered in payment. Apply at my Office next door to where the Printing-Office was lately kept, Lexington.
THO: CARNEAL, Agent.
Jan. 1, 1795.
2w
TAKEN up by the subscriber, in Woodford county, on Grier's creek, a bay Horse, five years old, fourteen and a half hands high has on a 6s bell, branded on the near buttock BF valued to 15l.
Randolph Walker.
TAKEN up by the subscriber in Harrison county, on Mill creek, a brown horse, with a blaze face, some saddle spots, 15 years old, thirteen hands high, branded thus FN, appraised to 4l. 10s.
Thomas M'Clay.
August 18, 1794.
||
The subscriber has just opened a LIVERY STABLE , IN this town, where he purposes to keep horses on the lowest terms, either by the day or week. All those who may think proper to favor him with their custom may depend on having particular attention paid to their horses.
John Kennedy.
Lexington, Dec. 21.
8w
RAN away from the subscriber in the wilderness, near the Raccoon spring, the 26th day of October last, a chestnut forrel mare about fourteen and a half hands high, branded on the near buttock EF and all round, her right hind hoof split, she had on a saddle, bridle, blanket and halter. Whoever takes up said mare with the above mentioned articles and delivers them to the subscriber living at Woodford court-house, or gives such intelligence so that he gets them again, shall receive twelve dollars reward, or ten for the mare alone, paid by
Lewis Utterback.
Jan. 1, 1795.
1w
PURSUANT to a decree of the court of Quarter Sessions for Lincoln county at September court 1794, will be sold on Tuesday the 27th of this instant at Myers's old station, about eight hundred acres of LAND, situate in the county aforesaid onicks river, on which are nine plantations, and now in the occupancy of the following persons, to wit: Jacob Myers jun: William Hufe, Jacob Forrester, Peter Warner, Elijah Freeman, John Jackson, Michael Huffman, Peter Baust, Cutlip Smak. The land will be laid off into convenient lots so as to suit the plantations, and sold as the mortgaged property of Jacob Myers sen. to satisfy a debt due Walter Beall.
Willis Green, James Thompson, John Bryant, William Goggin, Com.
January 1, 1795.
3w
THE balance of the unford Lots in Wilmington, Campbell county, will be sold by the trustees of said town on the third Monday of May ensuing, the same being court-day. I shall personally attend myself in order to sell a quantity of Lands in the neighbourhood of Wilmington, for which I will give two years credit.
John Grant.
For Sale,
A young, healthy, likely, negro fellow. Enquire of Robert Marshall, Scott County, near Johnson's mill.
RP:p
TAKEN up by the subscriber, a dark bay mare, about fourteen hands high, four years old, branded with 55 or 35 on the near buttock, part of the right hind foot white; appraised to fifteen pounds.
H. Nash.
Louisville, Xber 16.
TAKEN up by the subscriber, living near Harrodsburg, a bay horse, about fourteen hands high, four years old, his near hind foot white, branded on the left shoulder with a star in his forehead; appraised to 10l.
John Buchanan.
July 20.
TAKEN up by the subscriber, living in Lexington, a sorrel horse, four years old, upwards of fourteen hands high, has a star, three white feet; appraised to 10l.
Devait Cooper.
October 18.
Thomas Hart & Son,
HAVE JUST RECEIVED, And are now opening in the Stone House formerly occupied by Messrs. Irwin & Bryson, A LARGE AND GENERAL ASSORTMENT OF DRY GOODS & GROCERIES,
WHICH they will sell on the most reduced prices by wholesale or retail. The Nails made at their Nail Manufactory will also be sold at the above house.
ALL persons indebted to the estate of JOHN CAPE deceased are requested to call and make payment of their respective balances—and those who may have accounts against said estate are hereby requested to deliver same legally proven to ELIZABETH CAPE, Admx.
TO BE SOLD,
ONE hundred acres of Land, with a never-failing spring, within two miles and a half of Lexington; twenty-five acres cleared, eleven or twelve of which are in clover, blue grass and timothy, also several convenient houses. The title incontestable.—Apply to the Printer.
Dec. 24.
TAKEN up by the subscriber, Mercer county, near the mouth of Shawano run, a likely forrel mare, four or five years old, about four feet nine or ten inches high, with a star in her forehead, her right hind foot white, branded on the near shoulder and buttock CS; appraised to 12l. 10s.
Samuel M'Kee.
TAKEN up by the subscriber on Cherry's run, a dark bay filly supposed to be two years old neither docked nor branded, black mane and tail; appraised to seven 7l.
Moses Cherrey.
August 6.
†

Speech of the PRESIDENT of the United States to both Houses of Congress. Fellow Citizens of the SENATE, & of the HOUSE OF REPRESENTA- TIVES.
WHEN we call to mind the gracious indulgence of Heaven, by which the American People became a nation; when we survey the general prosperity of our country, and look forward to the riches, power, and happiness, to which it seems destined; with the deepest regret do I announce to you, that during your recess, some of the citizens of the United States have been found capable of an insurrection. It is due, however, to the character of our government, and to its stability, which cannot be shaken by the enemies of order, freely to unfold the course of this event.
During the session of the year one thousand seven hundred and ninety, it was expedient to exercise the legislative power, granted by the constitution of the United States, "to lay and collect excises." In a majority of the states, scarcely an objection was heard to this mode of taxation. In some, indeed, alarms were at first conceived, until they were banished by reason and patriotism. In the four western counties of Pennsylvania, a prejudice, fostered and imbibed by the artifice of men, who laboured for an ascendancy over the will of others, by the guidance of their passions, produced symptoms of riot and violence. It is well known, that Congress did not hesitate to examine the complaints, which were presented, and to relieve them, as far as justice dictated, or general convenience would permit. But the impression, which this moderation made on the discontented, did not correspond, with what it deserved. The arts of delusion were no longer confined to the efforts of designing individuals. The very forbearance to press prosecutions was misinterpreted into a fear of urging the execution of the laws; and associations of men began to denounce threats against the officers employed. From a belief, that by a more formal concert, their operation might be defeated, certain self-created societies assumed the tone of condemnation. Hence, while the greater part of Pennsylvania itself were conforming themselves to the acts of excise, a few counties were resolved to frustrate them. It was now perceived that every expectation of the tenderness which had hitherto pursued, was unavailing, and that further delay would only create an opinion of impotency or irresolution in the government. Legal process was, therefore delivered to the marshal, against the rioters and delinquent distillers. No sooner was he understood to be engaged in this duty, than the vengeance of armed men was aimed at his person, and the person and property of the inspector of the revenue. They fired upon the marshal, arrested him, and detained him for some time, as a prisoner. He was obliged by the jeopardy of his life, to renounce the service of other process, on the west side of the Alleghany mountain; and a deputation was afterwards sent to him to demand a surrender of that which he had served. A numerous body repeatedly attacked the house of the inspector,—seized his papers of office,—and finally destroyed by fire, his buildings, and whatsoever they contained. Both of these officers, from a just regard to their safety, fled to the seat of government; it being avowed, that the motives to such outrages were to compel the resignation of the inspector—to withstand by force of arms the authority of the United States, and thereby to extort a repeal of the laws of
excise, and an alteration in the conduct of government.
Upon the testimony of these facts, an associate justice of the supreme court of the United States notified to me, that "in the counties of Washington and Allegheny in Pennsylvania, laws of the United States were opposed, and the execution thereof obstructed by combinations, too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshal of that district." On this call, momentous in the extreme, I thought and weighed, what might best subdue the crisis. On the one hand, the judiciary was pronounced to be stripped of its capacity to enforce the laws: crimes, which reached the very existence of social order, were perpetrated without control:—the friends of government were insulted, abused, and overawed into silence, or an apparent acquiescence; and to yield to the treasonable fury of so small a portion of the United States, would be to violate the fundamental principle of our constitution, which enjoins that the will of the majority shall prevail. On the other, to a ray citizen against citizen—to publish the dishonor of such excelses—to encounter the expense, and other embarrassments of so distant an expedition, were steps too delicate, —too closely interwoven with many affecting considerations, to be lightly adopted. I postponed, therefore, the summoning the militia immediately into the field. But I required them to be held in readiness, that if my anxious endeavours to reclaim the deluded, and to convince the malignant of their danger, should be fruitless, military force might be prepared to act, before the season should be too far advanced.
My Proclamation of the 7th of August last was accordingly issued, accompanied by the appointment of Commissioners, who were charged to repair to the scene of insurrection. They were authorised to confer with any bodies of men, or individuals. They were instructed to be candid and explicit, in stating the tentations, which had been excited in the Executive, and his earnest wish to avoid a resort to coercion. To represent, however, that without submission, coercion must be the resort, but to invite them, at the same time, to return to the demeanor of faithful citizens, by such accommodations as lay within the sphere of executive power. Pardon too, was tendered to them by the government of the United States, and that of Pennsylvania, upon no other condition, than a satisfactory assurance of obedience to the laws.
Although the report of the Commissioners marks their firmness and abilities, and must unite all virtuous men, by shewing, that the means of conciliation have been exhausted, all of those who had committed or abetted the tumults, did not subscribe the mild form, which was proposed, as the atonement; and the indications of a peaceable temper were neither sufficiently general, nor conclusive, to recommend or warrant, the farther suspension of the march of the militia.
Thus, the painful alternative could not be dispensed. I ordered the militia to march, after once more admonishing the insurgents, in my proclamation of the 25th of September last.
It was a task too difficult to ascertain with precision, the lowest degree of force, competent to the quelling of the insurrection. From a respect, indeed, to economy, and the ease of my fellow citizens belonging to the militia, it would have gratified me to accomplish such an estimate. My very reluctance to ascribe too much importance to the opposition, had its extent been accurately seen, would have been a decided inducement
to the smallest efficient numbers. In this uncertainty, therefore, I put into motion fifteen thousand men, as being an army, which, according to all human calculation, would be prompt, and adequate in every view; and might perhaps, by rendering resistance desperate, prevent the effusion of blood. Quotas had been assigned to the states of New-Jersey, Pennsylvania, Maryland, and Virginia; the governor of Pennsylvania having declared on this occasion, an opinion which justified a requisition to the other states.
As commander in chief of the militia, when called into the actual service of the United States, I have visited the places of general rendezvous, to obtain more exact information, and to direct a plan for ulterior movements. Had there been room for a persuasion, that the laws were secure from obstruction; that the civil magistrate was able to bring to justice such of the most culpable as have not embraced the proffered terms of amnesty, and may be deemed fit objects of example; that the friends to peace and good government were not in need of that aid and countenance, which they ought always to receive, and I trust, ever will receive, against the vicious and turbulent; I should have caught with avidity the opportunity of restoring the militia to their families and homes. But succeeding intelligence has tended to manifest the necessity of what has been done; it being now confessed by those who were not inclined to exaggerate the ill-conduct of the insurgents, that their malevolence was not pointed merely to a particular law; but that a spirit, inimical to all order, has actuated many of the offenders. If the state of things had afforded reason for the continuance of my presence with the army, it would not have been withheld. But every appearance assuring such an issue, as will redound to the reputation and strength of the United States, I have judged it most proper, to resume my duties at the seat of government, leaving the chief command with the governor of Virginia.
Still, however, as it is probable, that in a commotion like the present, whatsoever may be the pretence, the purposes of mischief and revenge may not be laid aside; the stationing a small force for a certain period in the four western counties of Pennsylvania will be indispensable; whether we contemplate the situation of those, who are connected with the execution of the laws; or of others who may have exposed themselves by an honorable attachment to them. Thirty days from the commencement of this session, being the legal limitation of the employment of the militia, Congress cannot be too early occupied with this subject.
Among the discussions, which may arise from this aspect of our affairs, and from the documents which will be submitted to Congress, it will not escape their observation, that not only the inspector of the revenue, but other officers of the United States in Pennsylvania have, from their fidelity in the discharge of their functions, sustained material injuries to their property. The obligation and policy of indemnifying them are strong and obvious. It may also merit attention, whether policy will not enlarge this provision to the retribution of other citizens, who, though not under the ties of office, may have suffered damage by their generous exertions for upholding the constitution and the laws. The amount, even if all the injured were included, would not be great; and on future emergencies, the government would be amply repaid, by the influence of an example, that he, who incurs a loss in its defence,
shall find a recompence in its liberality.
While there is cause to lament, that occurrences of this nature should have disgraced the name, or interrupted the tranquility of any part of our community, or should have diverted to a new application, any portion of the public resources, there are not wanting real and substantial consolations for the misfortune. It has demonstrated, that our prosperity rests on solid foundations: by furnishing an additional proof, that my fellow citizens understand the true principles of government and liberty:—that they feel their inseparable union:—that notwithstanding all the devices which have been used to sway them from their interest and duty, they are now as ready to maintain the authority of the laws against licentious invasions, as they were to defend their rights against usurpation. It has been a spectacle, displaying to the highest advantage, the value of republican government, to behold the most and the least wealthy of our citizens standing in the same ranks as private soldiers;—pre-eminently distinguished by being the army of the constitution; undeterred by a march of three hundred miles over rugged mountains, by the approach of an inclement season, or by any other discouragement. Nor ought I to omit to acknowledge the efficacious and patriotic co-operation, which I have experienced from the chief magistrates of the states, to which my requisitions have been addressed.
To every description, indeed, of citizens let praise be given. But let them persevere in their affectionate vigilance over that precious depository of American happiness, the constitution of the United States. Let them cherish it too, for the sake of those, who from every clime are daily seeking a dwelling in our land. And when in the calm moments of reflection, they shall have retraced the origin and progress of the insurrection, let them determine whether it has not been tormented by combinations of men, who, careless of consequences, and disregarding the unerring truth, that those who rouse, cannot always appease a civil convulsion—have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accusations of the whole government.
Having thus fulfilled the engagement, which I took, when I entered into office, "to the best of my ability to preserve, protect and defend the constitution of the United States," on you, Gentlemen, and the people by whom you are deputed, I rely for support.
In the arrangements, to which the possibility of a similar contingency will naturally draw your attention, it ought not to be forgotten, that the militia laws have exhibited such striking defects, as could not have been supplied but by the zeal of our citizens. Besides the extraordinary expense and waste, which are not the least of the defects, every appeal to those laws is attended with a doubt on its success.
The devising and establishing of a well regulated militia, would be a genuine source of legislative honor, and a perfect title to public gratitude. I, therefore, entertain a hope, that the present session will not pass, without carrying to its full energy the power of organizing, arming and disciplining the militia; and thus providing, in the language of the constitution, for calling them forth to execute the laws of the union, suppress insurrections and repel invasions.
As auxiliary to the state of our defence, to which Congress can never too frequently recur, they will not omit to enquire, whether the fortifications, which have been already licenced by law, be commensurate with our exigencies.

The intelligence from the army under the command of general Wayne, is a happy prelude to our military operations against the hostile Indians north of the Ohio. From the advices which have been forwarded, the advance which he has made must have damped the ardor of the savages, and weakened their obstinacy in waging war against the United States. And yet, even at this late hour, when our power to punish them cannot be questioned, we shall not be unwilling to cement a lasting peace, upon terms of candor, equity and good neighbourhood.
Towards none of the Indian tribes have overtures of friendship been spared. The Creeks in particular, are covered from encroachment by the interposition of the General Government and that of Georgia. From a desire also to remove the discontents of the Six Nations, a settlement, mediated at Presqu'isle on Lake Erie, has been suspended; and an agent is now endeavoring to rectify any misconception, into which they may have fallen. But I cannot refrain from again pressing upon your deliberations, the plan which I recommended at the last session, for the improvement of harmony with all the Indians within our limits, by the fixing and conducting of trading houses, upon the principles then expressed.
Gentlemen of the House of REPRESENTATIVES.
The time, which has elapsed, since the commencement of our fiscal measures, has developed our pecuniary resources, so as to open the way for a definitive plan for the redemption of the public debt. It is believed, that the result is such as to encourage Congress to consummate this work, without delay. Nothing can more promote the permanent welfare of the nation, and nothing would be more grateful to our constituents. Indeed whatsoever is unfinished of our system of public credit, cannot be benefitted by procrastination; and as far as may be practicable, we ought to place that credit on grounds which cannot be disturbed, and to prevent that progressive accumulation of debt which must ultimately endanger all governments.
An estimate of the necessary appropriations, including the expenditures into which we have been driven by the insurrection, will be submitted to Congress.
Gentlemen of the SENATE & of the HOUSE of REPRESENTATIVES,
The mint of the United States has entered upon the coinage of the precious metals: and considerable sums of defective coins and bullion have been lodged with the director by individuals. There is a pleasing prospect that the institution will at no remote day, realize the expectation which was originally formed of its utility.
In subsequent communications, certain circumstances of our intercourse with foreign nations, will be transmitted to Congress. However, it may not be unseasonable to announce that my policy in our foreign transactions has been, to cultivate peace with all the world; to observe treaties with pure and absolute faith; to check every deviation from the line of impartiality; to explain what may have been misapprehended, and correct what may have been injurious to any nation; and having thus acquired the right, to lose no time in acquiring the ability, to insist upon justice being done to ourselves.
Let us unite, therefore, in imploring the Supreme Ruler of nations, to spread his holy protection over these United States; to turn the machinations of the wicked to the confirming of our constitution; to enable us at all times to root out internal sedition, and put invasion to flight; to perpetuate to our country that prosperity, which his
goodness has already conferred, and to verify the anticipations of this government being a safe guard to human rights.
Go: WASHINGTON.
United States, November 19th 1794
TO THE PEOPLE:
YOU separated yourselves from the State of Virginia, & by virtue of the Compact you made with the Supreme authority of that State, you formed in the year 1792, a Constitution or Form of Government for yourselves.
Perhaps the best explanation of what is meant by a constitution, is to be found in the writings of Thomas Paine. "A constitution (says that author in the rights of man) is a thing antecedent to a government, and a government is only the creature of a constitution. It is the body of elements, to which you can refer, and quote article by article; and which contains the principles on which the government shall be established." The most sceptical politician will not deny, that all power, not vested in any man or any body of men, by the constitution of this State, or by a law, enacted pursuant to and in conformity with the principles of that constitution, is in your hands. Under this persuasion, and with a firm belief that the legislature have in a late instance assumed an office which to you belongs the censorship. I thus publicly impeach them, and I cite them to appear at your bar to answer the charge, which I thus make good. But least I should be suspected of doing that, of which I accuse them, I will first produce my own authority. By the seventh section of the twelfth article of the constitution, it is provided, "That printing presses shall be free to every person who undertakes to examine the proceedings of the legislature or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty." From this clause, my fellow citizens, which by a reference to your constitution you will find to be literally quoted, you find I have a right to write and print my opinion on the conduct of your servants, being responsible for the abuse of such liberty. To the House of Representatives at their last session was presented a petition signed by sundry persons, claiming lands in this State, by virtue of certificates granted in consideration of settlement by the Commissioners sent to this country under the authority of a law of the Virginia Assembly; setting forth that a decision of the court of Appeals, at their October session, in the suit of Kenton vs M'Connell, had contravened the land law of Virginia, and endangered the existence of their claims, and praying that an explanatory law might be passed. In consequence of this petition a resolution on the subject was introduced and rejected, which resolution with the yeas and nays on the question of adopting it, will appear on the journals of the house. It is not my business, now to enquire into the propriety of this resolution, or in what manner a law could be passed, explanatory of that, which is declared to be the rule of decision by the compact, which compact is made a part of your constitution.
But I do not mean to lay down my pen, until I have shown in subsequent addresses to you that the resolution proposed something like a remedy to the evil; while the unconstitutional measure of the legislature holds out the slightest resemblance of nothing but legislative censure; of that indeed the features are strongly marked. A second petition was presented; praying that the
legislature would address the Governor, to remove the two judges of the court of Appeals, who had given the decision against the complainant Kenton.
It will be here proper to stop the relation of circumstances, in order to introduce some quotations from the constitution.
Article first, section the first, "The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit; those which are legislative to one, those which are executive to another, and those which are judiciary to another."
Article the first, section the second, "No person or collection of persons being one of these departments, shall exercise any power belonging to either of the others, except in the instances herein after expressly permitted." You will find the instances in which by the constitution the departments are blended together are these: The Governor has by the 28th section of the first article, a right to approve or disapprove a bill which has passed the House of Representatives and Senate: and the Senate form a court in cases of impeachment, by the second section of the fourth article; and by the eighth section of the second article, their consent is necessary to the appointment of an officer of government. Article the fifth, section the second, "The judges both of the supreme and inferior courts shall hold their offices during good behaviour; but for any reasonable cause which shall not be sufficient ground of impeachment, the Governor may remove any of them on the address of two thirds of each branch of the legislature." Here you will observe that where there is not sufficient ground of impeachment, the independence of the judges is so much considered, that the vote of two thirds of each branch of the legislature cannot effect them without the assent of the Governor. The constitution also by the three sections of the fourth article has provided that all civil officers of government shall be liable to impeachment for any misdemeanor in office, that the House of Representatives shall have the sole power of impeaching, and that the Senate shall try all impeachments. From these parts of the constitution, I find, that for any misdemeanor in office, the judges are liable to an impeachment, or for any reasonable cause, which is not sufficient ground of impeachment to removal on the address of two thirds of each branch of the legislature, with the assent of the Governor. But I can find no part of the constitution which gives to the legislature a right to revise, approve, or condemn the opinions of the judges; find it if you can, ye legislators. After the second petition was presented, a resolution was introduced declaring that an address ought to be presented to the Governor, praying him to remove from office the two judges whose conduct was complained of by the resolution.
The question and the yeas and nays were taken on this resolution, and a majority voted against the adoption of it, which may be seen by an inspection of the journals. Those who knew that if the judges had acted from corrupt motives, they were still liable to an impeachment, and that on such impeachments they were to be tried by the Senate; supposed that justice, nay common decency, forbid them to prejudice a question which might possibly be brought before them hereafter, and of course that the business for the present was at an end. The Senate however were determined to disappoint the expectations of those who thought they would act with decency, for on the last day of the session they introduced a resolution by which they gave it as their opinions that the judges must have given their
decision from a criminal ignorance of the law, or from some impure motives; this resolution passed the Senate by a bare majority, and was after sometime sent to the House of Representatives, where it passed by a majority only, and the resolution with the yeas and nays appear on the journals of the House of Representatives.
Fellow citizens, I accuse the legislature in Senatorial language, of having passed this resolution from a criminal ignorance of the constitution, or from some impure motives. Those who did not know that the resolution was unconstitutional can only be found guilty of ignorance, which is only criminal, as it was the duty of men in their situations to be acquainted with the constitution; but against those who have not this ignorance to plead, I pledge myself to prove impurity of motive. In doing this I must and will shew, that nothing was less in contemplation by this resolution, than securing the settlements and preemptions granted by the Commissioners for twelve months residence and settlement.
The most dangerous feature in this resolution is the attempt indirectly to blend together the legislative and judiciary departments; for it is of little consequence whether they are blended together by an assumption of the legislature of the right to reverse the decrees of your courts, or by the more slow and dangerous method of passing votes of censure, on the opinions of your judges; the effect will be the same, good men will not serve you; those who do, must shelter themselves under the protection of the influential Senator, or factious intriguing demagogue, and of course when in competition with their interests, or that of their friends, a poor unintriguing man can have no chance to obtain justice.
All unconstitutional assumption of power is tyranny. With the French Republicans let us exclaim, Down with the tyrants.
TYRANNOCTONOS.
TERRITORY South of the OHIO, MERO DISTRICT, November Term 1794.
James M'Daniel, Plt.
Against
Richard J. Waters, & Thomas Cumstock, } Defts.
IN EQUITY.
The Defendants failing to put in their answer agreeable to the rules of this Court, and it appearing to the Court that neither of the Defendants are inhabitants of this Territory: it is ordered that they appear here on the second Monday in May next, and answer the bill of the complainant, otherwise it will be taken pro confesso against them: and that a copy of this order be forthwith published in the Kentucky Gazette.
A Copy. teste, Bennet Searcy, C.M.C.E.
TERRITORY South of the OHIO, MERO DISTRICT, November Term, 1794.
James Frazor, Plt.
Against
James Haw & Charles Masterfon } Defts.
IN EQUITY.
The defendant Charles Masterfon failing to put in his answer agreeable to the rules of this court, and it appearing to the court that he is not an inhabitant of this country; it is ordered by the court that the said Masterfon appear here and answer the bill of the complainant at our next honorable court of Equity on the second Monday in May next, or otherwise it will be taken pro confesso against him: and that a copy of this order be forthwith published in the Kentucky Gazette.
A Copy. teste, Bennet Searcy, C.M.C.E.

Lexington, January 3. The European News up to the 8th of October is replete with the successes of the arms of the French Republic—an insurrection is said to have taken place in Spain, and also in Denmark: and the King of England experiences a return of his frenzy.
May be had at this office, By the gross, dozen or single,
KENTUCKY ALMANAC, For the year 1795.
A SALE Of a number of PACK-HORSES,
UNFIT for service, will commence in Lexington on January Fayette court-day, and continue from day to day until the whole are disposed of; specie or bank notes will be received in payment.
GEORGE BROWN, For E. WILLIAMS, Surviving partner of Elliott & Williams.
Dec. 31, 1794. 2w
TAKEN up by the subscriber, near Strode's station, a black mare 6 years old, branded on the near buttock with a ring around it, about thirteen hands and a half high, shod before, appraised to 6l. James Douglass.
Sept. 27, 1794.
One Hundred Dollars Reward.
WHEREAS a certain Thomas Kennedy of the county of Madison, who was committed to the public jail at Lexington, on the charge of murder, did escape from confinement, and whereas an act passed at the last session of the General Assembly authorises the Governor to offer a reward for apprehending criminals in certain cases.
I, Isaac Shelby , Governor of the State of Kentucky, do offer the above reward of one hundred dollars, to any person or persons who shall apprehend the said Thomas Kennedy and deliver him to the keeper of the public jail in Lexington. The said reward to be paid agreeably to the direction of the said recited act.
ISAAC SHELBY. Frankfort, December 19, 1794.
WHEREAS my wife Elizabeth has eloped from my bed and board without any just cause, and refuses to return to me; this is to forewarn all persons not to trust her on my account, for I will pay no debts of her contracting after the date hereof. Witness my hand
William Thomas. Mason county, Dec. 29, 1794. 3w
Taken up by the subscriber, on the waters of Muddy creek in Madison county, a sorrel Mare nine years old, four feet five inches high with a star in her forehead, a scar on the off side and some saddle spots on both sides, branded on the near shoulder thus, 2 appraised to 5l. The above mare was taken out of the settled bounds of this State.
John Bowman.
October 27, 1794. *
TAKEN up by the subscriber, in Madison, a sorrel Stone Colt, one year old last spring, neither docked nor branded, it has a small streak of white in his face, 3 white feet; Appraised to 6l.
Owen Herrendon.
October 18. *
Taken up by the subscriber, in Fayette county near Lexington, a yellow bay Horse, has a star and snip, both hind feet white, is fit in the right ear, eight years old, thirteen and a half hands high appraised to 9l. Also a black horse colt, two years old, same height, appraised to 6l.
John Cleveland.
Nov. 13.
Hereby forewarn all persons from taking an assignment on a bond, given by me to a certain J. Hume , for eighty five pounds, as it was given in consideration of a tract of land which said Hume cannot make me a title to, and he having left this country; therefore I shall not pay it unless compelled by law.
James Theobalds. December 11. * 3m
The Highest Price Given for all kinds of F U R S, BY the subscriber at his Hat-Manufactory in Lexington.
Montgomery Bell. December 16. tf
For Sale,
THE Plantation whereon I now live, containing six hundred acres, about fifteen of which are cleared and under good fence, a tolerable dwelling house, kitchen, &c. For terms apply to John Waggoner Harrodsburgh, or the subscriber on the premises.
Jos. Fleming Mitchell. Harrodsburgh, Nov. 30. Sctp
Kentucky to wit:
October Court of Appeals, 1794. James Dunwiddie Plaintiff, Against Samuel Henderson &c. Defendants
IN CHANCERY.
THE Defendant Henderson having failed to enter his appearance agreeable to a rule of this Court; and it appearing by satisfactory proof to the Court, that he is no inhabitant of this State, on the motion of the Complainant by his Counsel, it is ordered, that the said Defendant do appear here on the 12th day of the next May term, and answer the bill of the said Complainant; and that a copy of this order be published 3 times in the Kentucky Gazette.
A Copy. Teste * 3 Thomas Todd, C. C. A.
MY Clients will please to take notice that I have removed from Lexington to Frankfort. I will still continue to attend the same courts in which I have undertaken business in my profession.
William Murray.
For sale, a House and Lot,
IN the town of Lexington, on Short street opposite the jail, adjoining the public square; the house is a new brick house 22 front and 26 feet back, with a large cellar and out houses—it is an excellent stand for business—For terms, apply to the subscriber on the premises.
tf William Ross.
This is to forewarn all persons from crediting my wife Rachel Philips, on my account, as I will not pay any debts of her contracting after this date.
Jeremiah Philips. December 19, 1794. 3w
TAKEN up by the subscriber, living on Wolf run, about three miles below Lexington, Fayette county, a white Bear, two years and a half old, with red ears, marked with a crop and half spade in the left ear, and a crop, slit, and overkeel in the right ear, appraised to 1l. 5s.
* Stark Gilliam.
THE Battalion Pay-Masters for the year 1794, under the command of Major Gen. Charles Scott, are requested to come forward to make out their pay rolls and bring the due bills issued in lieu of rations with them, that a settlement may be made with the Contractors on or before the first day of January 1795.
2w Thomas Love.
THE subscriber has removed from Lexington six miles, to his farm on North Elkhorn, below, and near to Col. Russell's.—He means to continue his practice in the same courts as hitherto.
JOHN BRECKINRIDGE. Dec. 26. 3w
A persons indebted to Alexander & James Parker , are requested to pay their respective balances by the first of February next, as one of them are bound for the settlement, at that time, and no further indulgence can be given.
TAKEN up by the subscriber, living on Muddy creek, Madison county, a bay filly, supposed to be one year old last spring, some white hairs in her forehead, no brand to be seen; appraised to 7l. 10s.
Also a bay filly, the same age, with a star in her forehead, hind feet white, branded on the off buttock 8 appraised to 7l. 10s.
Robert Tincher. Sept. 20.
Private Entertainment
For Man and Horse, ON the Hickman Road, within half a mile of Lexington, where travellers may be supplied with Corn and Hay by the bushel and hundred, by
John Maxwell. Dec. 1
GEORGE SMART, CLOCK & WATCH MAKER, FROM BRITAIN.
AT the back of the jail; thinks it is necessary to acquaint the public, that he intends carrying on the above business in all its various branches; those who are pleased to favor him with their custom, may depend upon its being done with punctuality and dispatch. He has a neat assortment of thirteen inch plain double moon and seconds from the center, eight day and thirty hour Clocks; likewise a few Gold and Silver Watches, which will be sold upon reasonable terms. 6w 36
To be sold to the highest bidder,
IN Georgetown, on February court day next ensuing, 16 valuable unimproved IN LOTS, part of the property of Edward West dec.—six months credit will be given the purchasers, by giving bond and approved security.
Thomas Martin December 18.
G. CLARK, At the Brick House lately occupied by Mr. Mansell, at the corner of Main and Limestone streets, HAS JUST OPENED AN ASSORTMENT OF
G O O D S,
Among which are,
FINE and second Broad Cloths,
Forrest do. Striped and plain Coatings, Fine Swansdown Vest Patterns, Callimer, Callicoes, Fine, striped and Jaconet Muslin, Scarlet Cardinals, Manchester stuffs, Blankets, Hard Ware, including a variety of elegant Buckles.
The above Goods will be sold at prices much lower than usual, the proprietor proposing to quit business. tf
N. B. Iron for sale.
TAKEN up by the subscriber on Salt river, in Mercer county, near where the road leading from Melaney's ferry to Kinchaloe's crosses said river, an iron gray horse, four years old, about thirteen hands high, branded on the near shoulder thus TS, appraised to 5l.
Samuel Adams. Sept. 8.
Whereas I did on the 30th day of July 1794, give my obligations to Jered Hume , amounting to thirty one pounds six shilling and three pence which he had assigned to capt. Wm. Arnold of Harrison county, and as said Hume did never make any satisfaction to me according to contract; this is therefore to forewarn any person or persons from dealing for said obligations, as I am resolved not to pay them off till I receive value for the same according to contract.
Jacob Grojean.
TAKEN up by the subscriber, living on the river Ohio in Scott county, a bay Horse with a bald face, some saddle spots, shod before, about fourteen hands and a half high, eight years old, appraised to fifty dollars. Also a bay Mare four years old, about fourteen hands three inches high, shod before, appraised to eighty dollars; neither has any brand that can be made out.
John Brown. December 8. †
To be sold, a House & Lot Situated in a central part of the town, also several valuable unimproved Lots, for terms apply to the subscribers.
B. Duke, F. Ridgely. Lexington, December 19th tf
I ROTTER & SCOTT, At their STORE in Lexington, second door above Messrs. Love & Brent's Tavern, in the house formerly occupied by Messrs. Alexander Scott & Co.
Have just Opened and now For Sale,
A neat and very general Assortment of MERCHANDISE,
Well suited for the present and ensuing season,
Which they are determined to sell on the most reduced prices of any Goods yet offered for sale in this place. tf
Lexington, Dec. 6.
Taken up by the subscriber on South Elkhorn near Dougherty's mill, Scott county, a bay filly, three years old next spring, near 14 hands high, branded on the jaw, near shoulder and buttock ID a small star in her forehead, trots; appraised to 4l. 10s.
Thomas M'Gluer. October 1. †
Nail Manufactory, in Lexington.
The subscribers having on hand a general assortment of Nails, Brads and Sprigs, will sell them at the following prices, (to wit) 10d 12d. 20d. and 1000 ing brads at 1, 4 pr. lb. by the quantity of 100 lb. or more, or by retail at 1/5. 8d. do. at 1/5 by the quantity or 1/8 by retail. 6d. do. at 1/8 by the quantity or 1/10 by retail. 4d. do. and sprigs at 2/6.
A number of Journeymen Nailors wanted, to whom generous wages will be given in CASH. They would wish also to take a few sensible, sprightly Negro Boys of about 14 or 15 years of age, apprentices for three or four years, as they can agree with their owners, or they would give cash for such at reasonable prices.
THOMAS HART & SON.
WANTED TO PURCHASE, A Quantity of good well
CLEANED WHEAT.
WHICH must be threshed on a plank floor, for which a generous price will be given in cash, delivered at my mill about three miles below Lexington.
Tho. Lewis. Fayette county, Oct. 10. tf