The Kentucky gazette (Lexington [Ky.]), 1796-05-28 00:00:00

KENTUCKY GAZETTE.
[NUMB. XXXVII.]
S A T U R D A Y, May 28, 1796.
[VOL. IX.]
A Court of Quarter Sessions held for Nelson County, at the Court house in Bardstown, on Wednesday the 9th day of September, in the year 1795.
PETER YOUNG, Complainant, against JAMES MORRISON Defendant.
IN CHANCERY.
THE said Defendant not having entered his appearance agreeably to the act of Assembly and the rules of this court—and it appearing to the satisfaction of the court, that the Defendant is not an inhabitant of this state—on the motion of the complainant by his counsel, it is ordered, that the said Defendant do appear here on the first Monday in February next, and answer the Complainant's bill; and that a copy of this order be published in the Kentucky Gazette for two months successively; and same Sunday immediately after Divine service, at the front door of the Baptist meeting house on Cox's creek.
(A Copy.) Teste BEN. GRAYSON, C. C.
TAKEN up by the subscriber, living in Mercer county, about five miles from Harrodsburg, on Shawnee run, a dark brown MARE, about fifteen years old, fourteen hands high, no brand perceptible, has a star and hrip on the nose, her hind feet are white and has a small white spot on her left fore foot, and has a spot in the same hoof, a small white spot on her near side, a natural hrip, appraised to £10. Also, a bright bay gelding, about four years old, rather over fair-sized, about four hands high, has a few grey hairs in her forehead, a little white spot on the saddle, and has a striped tail, appraised to £12.
HENRY MUNDAY MIRRIS. January 18, 1796.
PUBLIC NOTICE
IS hereby given to all whom it may concern, that the commissioners appointed by the county court of Madison, agreeable to an act of Assembly passed 1793, entitled "An act to ascertain the boundaries of land, and for other purposes," that I shall meet on the 10th day of June 1796, with said commissioners & sundry witnesses on a chain of land of 1600 acres, surveyed for Anthony Blackford, in order to establish said survey and make the entry calls for; which entry is as follows: "Anthony Blackford, assignee of William Cook, enters four hundred acres by virtue of a certificate, &c. lying on the head of the fourth branch of Tate's creek, about half a mile above some deaded trees on the branch whereon was marked W. C." entered February 21, 1785, and a preemption laid adjoining of one thousand acres; said mark being supposed to be at Thomas Turner's, son of John Turner, where we shall meet on the day above mentioned, by ten o'clock in the morning, in order to take the deposition of Saint Root, Daniel Root, Michael Storer, and others, to make their testimony perpetual respecting said claim; and to such further acts as the law directs.
WILLIAM BLYTHE.
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 respective 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. All persons who have been in the hands of the deceased, or his executors, by the hands of the executors, on his estate down the river Ohio, many papers and much information pertaining with him, his probable the subscriber may need the information of others in some matters relative to the negotiation of the deceased, as the western country, and he will thankfully receive any communications which are 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. THO. CARNEAL.
WANTED.
By ABIAH & JOHN W. HUNT. At their store in Lexington, a quantity of Bacon, Whiskey, Hemp and Country Linen; for which a generous price will be given.
NOTICE.
THAT commissioners appointed by the court of Hardin county, will attend on the tenth of June next at an entry of 1000 acres of land made in the name of Reuben Triplet, on the waters of Green river, on a creek now known by the name of Lynncamp creek; then and there to perpetuate the testimony of certain witnesses respecting said entry, and do such other acts or things as shall be judged necessary and agreeable to law. JENKIN PHILIPS, Aff. of REUBEN TRIPLET. May 11, 1796.
Fayette county—April Court of Quarter Sessions, 1796.
Walter Carr, complainant, Against William Pawling, John South, Henry Garrett, Thomas Johnson & Daniel Callahan, Defs.
IN CHANCERY.
THE defendants Henry Garrett, Thomas Johnson and Daniel Callahan, not having entered their appearance agreeable to an act of Assembly and the rules of this court, and it appearing to the satisfaction of the court, that they are no inhabitants of this state, therefore, on the motion of the complainant, it is ordered that they do appear here on the second Tuesday in September next, and answer the bill of the complainant; that a copy of this order be inserted in the Kentucky Gazette for two months successively; published at the door of the Presbyterian meeting-house in the town of Lexington, some Sunday immediately after divine service, and at the front door of the court-house of this county. (A copy) Teste. LEVI TODD, C. C.
NOTICE
IS hereby given to all whom it may concern, that commissioners appointed by the county court of Bourbon, will meet on the 10th day of June next, at the beginning of a preliminary survey of 2000 acres of land made in the name of Thomas Gill lying in the county of Bourbon on Gill's creek, a branch of Stoner's Fork of Licking; then and there to perpetuate the testimony of certain witnesses respecting said survey, and to such other acts as shall be deemed necessary and agreeable to law. Joseph Robert. May 11, 1796.
TAKEN up by the subscriber, living on the waters of Sugar creek, Lincoln county, a white and pied brindle Cow, has a bell on with a leather collar and double buckle; marked with a leather collar and double buckle; marked with two slits in the right ear and an under hrip and the left hrip; appraised to £2-5. Also a black steer, with some white, about two years old, marked with a slanting cross of the right ear, and a crop and slit in the left; appraised to £2. Also a red steer, one year old, marked with a slanting cross of the left ear; appraised to £1. All the above mentioned C. All the above mentioned Cattle are branded on the right side C. Frederick Huffman, sen. January 8, 1796.
NOTICE
IS hereby given that commissioners appointed by the court of Clarke county, will meet at my house on Tylers branch of Licking, on Tuesday the third day of May next, to perpetuate the testimony of certain witnesses, in order to establish the following entry viz, Matthias Sphar assignee of James Duncan, enters five hundred acres on treasury warrants to include a white and marked M. S. Standing near Tylers branch of Licking, about two miles and a half above said Tylers spring—and then and there to do such further acts as the law requires. All persons concerned are desired to attend on that day. Daniel Sphar. May 10, 1796.
TAKEN up by the subscriber, living in Bourbon county, three miles from the court-house, on Dickerson's run, a bay mare colt, about twelve and a half hands high, two years old, a small white spot on her near fore foot, her mane hangs on the wrong side, long switch tail, appraised to £1. John Dunmore. May 6, 1796.
State of Kentucky, ss. At a Court of Quarter Sessions held for the county of Fayette on Thursday the 14th day of April, 1796, REUBEN SEARCY, complainant, Against ELLBECK, ROSS & CO. and THOMAS CARNEAL and WALTER CARR, Defendants.
THE subpoena awarded in this cause being returned executed on the defendants Thomas Carneal and Walter Carr, and appearing to the satisfaction of the court that the other defendants Ellbeck, Ross & Co. are no inhabitants of this state; on the motion of the complainant by his counsel, it is ordered, that the said defendants, Ellbeck, Ross, & Co. do appear at our next September court, and answer the bill of the complainant—that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, and published at the door of the Presbyterian meeting house in Lexington, some Sunday immediately after divine service. (A Copy) Teste. LEVI TODD, C. C. Q. S.
TROTTER & SCOTT,
HAVING sold off their Store, earnestly request all those indebted to them, by bond, note or open account, to come forward & make immediate payment to themselves or Mr. WILLIAM SCOTT, who is authorized to receive, and give discharges. Those who neglect this notice, cannot expect any longer indulgence. They will attend for the above purpose at the house they lately occupied on Main street. Lexington, April 2, 1796.
Taken up by the subscriber, on Hammons run, Fayette county; a small black mare, ten or twelve years old, about thirteen hands high, a small bell on, branded on the left shoulder and buttock, but not legible, both hind feet white, appraised to £1. 10s. SAMUEL TAYLOR. January 14, 1796.
AT THE CARD MANUFACTORY, No. 59, North Front Street, IN PHILADELPHIA.
ARE made in the most complete manner and of the best materials, CARDS of every description, viz. COTTON WOOL, TOW, STOCK, FULLER'S, and CARDS for MACHINES. Merchants, or others from the Country who are pleased to purchase their Cards at said Manufactory may be supplied on terms which the subscriber doubts not will be worthy their attention. JOSEPH THOMAS. March 14, 1796.
PUBLIC NOTICE
IS hereby given, that I shall attend with the commissioners appointed by the county court of Clarke, on the first day of June next, on an entry made in the name of Basil Stoker of one thousand acres on a treasury warrant, on a west branch of the east side of Licking, including a large sinking deer lick, about a quarter of a mile from his cabin, & about six miles from an old Indian town; in order to perpetuate testimony for the establishment of certain calls in said entry, and do such other things as may be necessary and according to law. ABRAHAM STOKER. May 11, 1796.
NOTICE
To all whom it may concern. I shall attend with the commissioners appointed by the county court of Bourbon, on the seventh day of June next, at Daniel Harrison's fulling mill in Bourbon county, in order to take the depositions of sundry witnesses to perpetuate testimony respecting certain calls in an entry made in the name of William Forbes for four hundred acres, on Wolf creek, adjoining the Falling Timber, and do such other things as the law directs.
JAMES FORBES, Assignee of WILLIAM FORBES.
BLANK DEEDS For sale at this Office.
LONDON, March 18.
We understand that the court of Madrid has yielded to the remonstrances made by lord Bute, and has removed the suspicions entertained of its political conduct. The Spanish ministry have sent orders to Cadiz to dismantle twenty sail of the line, lying in that port:— & a French privateer which was at Alicante, and had taken some of our vessels has been ordered from thence to Toulon.
The Dutch admiral Braak, has informed the Marine Minister, that several English men of war have been cruising off the Dogger Bank, but that until their number is increased, no engagement can be expected, as the Dutch squadron is too strong for the English to attack it.
FALMOUTH, March 13.
This day arrived the following ships, prizes taken by Sir John Warren's squadron now cruising off Brest; the Feden, and Baron van Hopken, two large ships laden with malt planks and iron, taken going into Brest; the Nancy, Said, from Limerick to London, captured off the Lizard by a French cutter and re-captured by Sir John and sent into this port; and the Sulpana, a French ship of 500 tons, laden with wine, flour and linens, from Rochfort to Brest.
PARIS, March 6.
The Danish government is at last about to acknowledge the French Republic, of the existence of which its triumphs have not for a long time permitted a doubt. Gronvelle, our minister plenipotentiary at Copenhagen, will have his first solemn audience on the 20th of this month.
MARET, lately arrived from the prisons of Austria, has refused the embassy to the UNITED STATES of AMERICA. It is given to one VINCENT, whom nobody knows.
St. JOHN's, April 4.
A French ship carrying 26 guns, called the Favorite, has been taken by his majesty's ship Canada, capt. Bowen, after a chase of 48 hours. Two English transports which had been taken by the Favorite, with about 80 soldiers, on board each, have been re-captured by the Canada.
Just as this paper was going to press we received the pleasing intelligence, that the whole of the island of Grenada (one port only excepted) was in possession of the British, and it was hourly expected that that port would surrender, as all supplies were cut off. The above we have received from the most undoubted authority.
BOSTON, May 2.
Among the many accounts we daily receive of the cruelty and insolence of the officers of the British government in the West Indies, the murder of captain Boston, of Boston, is the most shocking. He was on his passage from Demarara, to this port, in the employment of Mr. Burrel Carnes of this port, was taken by an armed vessel, commissioned by the British government—after taking out all his hands and his first mate—put on board a number of hands, and ordered her for Bermuda. On their passage thither, those savages in human form, committed violence on capt. Boston, & in his defence he was so wounded, that he lost his reason, and on his arrival at Bermuda, but for the assistance of several Americans, he would have received a continuance of their cruelty.—Notwithstanding the help that could be afforded, he

fell a victim in six days after he received his wounds, in the 25th year of his age.—Why the public have not received information of this treatment before, when a letter which contained it has been in town three weeks, we do not pretend to determine.
NEW-YORK, April 28.
From the late accounts it appears that the Marquis del Campo , was shortly to leave England as ambassador to the French Republic, from the court of Spain. Delays which had attended his departure, and the frequent conferences he had held with the English administration, had occasioned, among other conjecturers of a pacific nature, a surmise that his excellency was charged with some mediating powers for effecting a general pacification.
The king of Spain, in his intended hunt and journey through the mountains, on the confines of Portugal, it is said, was to be accompanied by a select party of about five thousand persons!
May 3.
BRITISH MINISTER.
Last evening arrived at this port in the Assistance of fifty guns, captain Mowatt, his excellency ROBERT LISTON, Esq. Minister Plenipotentiary from the Court of Great Britain, to the U. States.
Mr. Liston was, some time since, minister at Constantinople; had but lately returned to England, where he was appointed to this country. He was married about a fortnight before his departure, and is accompanied by his lady. We are informed he intends landing this morning.
The following important intelligence is received by the fifty gun ship Assistance, arrived here on Monday, in 7 weeks from Portsmouth.
A London paper of the 19th of March, received by the ship Assistance, brings accounts of a probability of a war between Spain and England. It is believed at Paris, that it is an agreed point between France and Spain, that Spain shall break with Great Britain; but before this event takes place, some beneficial arrangements are to be completed. French troops are embarking on board Spanish ships for the West Indies, as the most eligible mode of conveying reinforcements to the islands. It is suggested also at Paris, that the actual destination of the Dutch fleet, which has sailed from the Texel, is to join the French fleet in the Mediterranean. [ARGUS.]
PHILADELPHIA, May 4.
By the ship Liberty, capt. Bail, arrived at Wilmington (Del.) in twenty-three days from Martinique, accounts are received, of a British 50 gun ship having been taken by a French frigate of 30 guns near Guadaloupe, they fought near 22 hours and parted to repair their rigging: commencing the action again, the British vessel was disabled and carried into Basseterre. The above information capt. Bail received from the captain of a revenue sloop belonging to St. Croix, who told him that he saw the captured ship carrying into Basseterre. If this information had been fairly stated to captain Bail, it is presumed that the French frigate must have been a 74 cut down.
May 7.
Tuesday, DON JOSEPH IGNATIUS DE VIAR, his Catholic majesty's consul general, was received and acknowledged by the president of the UNITED STATES as charge des affaires from Spain, in lieu of DON JOSEPH JARDENES, who has obtained leave from the king to return to Spain.
We learn from good authority, and mention it in corroboration of the report in this days paper from Wilson and London, of a rupture between England and Spain; and that Mr. LISTON, the British minister, refused a passage in the Assistance, to the Spanish minister appointed for the UNITED STATES, who was in England at the time of his departure.
The ship Hanibal, which was mentioned in a daily paper, is in 36 days from Lisbon—the got aground on Tuesday evening on the flats of Reedy point—a passenger informs, that great preparations are making by that court, in conjunction with the Spaniards, for war with England.
In the council of Five Hundred, a decree passed on the eighth of March, ordaining that no man should hold a public office unless he would take the oath of "hatred to royalty." Public officers who should not take that oath in three days were to be transported.
The assistance on her passage, took the French privateer Le Chevalier capt. Derribeau, carrying 4 guns, and 75 men, which she sent to Bermuda. The prisoners were given up to the French consul at New-York.
BALTIMORE, April 28.
A correspondent, who has visited the president's house at the Federal City, says, that the Kitchen alone is large enough to hold the house of Representatives of Congress, and that the senate may find room to sit in the chimney corner. He cannot conceive where a president will be found, who is rich enough to buy suitable furniture for such immense apartments.
A late number of the Analytical Review, printed at London, has a curious article respecting a German book published in Altona. It is entitled Der Genius Der Zeit consisting of twelve numbers. The title of the third number runs thus.—
"The trial of the Scottish advocate THOMAS MUIR, who for various endeavours to effect a reform in the parliament of his country was condemned to be transported to Botany Bay. This trial must excite in the breast of every German, an esteem for his native land. We have seen a man sent to Botany Bay on account of an accusation, to which a German court of justice would have been ashamed to listen. "
PITTSBURGH, May 14.
Extract of a letter from Cincinnati. "What it is owing to is not known; but certain it is that the British have altered their minds about giving up Detroit. The Indians from that way say, that their old father is not going to give them up yet. Their tears are getting over; they are angry with themselves for being beat by so few men as they see at the garrisons. They say they were bewitched, but their conjurors will get the better next time."
"John Hamilton has given notice to the traders, not to have any goods on the roads between the garrisons from the 15th of May to the 15th of June; that he has a hint from an Indian friend that a stroke may be made; and if made at all, it will be then. Hamilton gives his opinion positively that if the posts are not surrendered at the time, there will be a worse Indian war than has ever yet been."
A gentleman arrived at this place on Tuesday evening last, in twenty days from Fort Washington, confirms the above. He conversed with Hamilton, who had intelligence from his friends amongst the Indians, that it would be dangerous to be upon the roads from the middle of April; that there was a general dissatisfaction amongst the Indians, and that he certainly expected war, unless the taking possession of the Posts at an early period, and shewing a force behind them in the country prevent it.
In addition to the above, the Tawa chief who was here from Sandusky a short time ago, said the Indians were melancholy, and did not know what to do. The British told them it was all darkness towards the United States yet. If they
would wait, they would have light by and by.
These particulars shew sufficiently what we are to expect if the appropriations are not made, the treaty carried into effect, and the posts surrendered. It is possible that after all there will be a partial war, but certainly, if this point is not gained.
This country is in a state of general alarm; we hear that the Clergy are convening their congregations to come forward with their voice as one man, to petition the House of Representatives. We are astonished at the obliquity of our immediate representatives, Galatin and Findley.
* It was John Hamilton who gave the first notice of war breaking out after the Mushingum treaty. He was trading at the mouth of Beaver, and overheard an Indian talking to another of what was to be done. Taking an opportunity of sounding one of these who was friendly to him, and but a boy, he discovered the design against himself, and William Wilson, another trader at that place. He gave notice to Wilson, and moved off his own goods across the river. Wilson thought it was a feint to alarm him to move off, that Hamilton himself might come back and take the whole trade with the Indians then at that place. But had it not been that the party with Biggs in pursuit of stolen horses had come upon these Indians next day, and killed a number and dispersed them, Wilson would have been murdered and his store robbed, for the war hatchet had been lifted at that time. All this was proved by Hamilton, and acknowledged by Guyah Sutho, at the trial of Captain Brady, who was of Biggs's party.
THE PARTNERSHIP OF WEBBER & LINTEL WILL be dissolved the 13th day of July next. All those indebted to them, are requested to pay off their accounts immediately.
THE BAKING BUSINESS will, in future, be carried on by the subscriber, on Cross Street in Lexington. LAWRENCE LINTEL. May 13, 1796. †3w
MIDDLETOWN. TO BE SOLD TO THE HIGHEST BIDDER,
ON the first day of June next, on the Plantation of the subscriber, one mile east of Myers's, or Francis's mills on Stoner, a number of IN AND OUT LOTS, in the town of Middletown; the lots are, one half the purchase money to be paid within one year, the other half within two years after sale.—The sale to begin early in the morning.
The situation of Middletown is equal to any in the state; it being nearly in the center between Bourbon, Clarke, Little Mountain, and Millersburgh; and in the direction suitable for roads to pass through to the above places, one of which is already open.—84 lots in said town were sold for 2471. on the 15th of April, and others since.
JAMES SWINNEY.
Bourbon county, May 9. †3w
STATE OF KENTUCKY. Fayette County, April Quarter Session Court, 1796. JOHN ALLISON, Complainant, Against JAMES PARBERY & ? Defendants. WALTER TAYLOR, } IN CHANCERY.
The defendant James Parbery, not having entered his appearance agreeable to an act of assembly and the rules of this court—And it appearing to the satisfaction of the court, that he is not an inhabitant of this state, on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the second Tuesday in September next, and answer the complainant's bill. That a copy of this Order be forthwith inserted in the Kentucky Gazette for two months successively, & published some Sunday at the door of the Presbyterian meeting house in Lexington immediately after Divine service, and at the front door of the court house of this county. (A Copy) Teste. Levi Tod, C. Cur.
TAKE NOTICE,
Agreeably to an order of
Bourbon court, I shall attend with the commissioners appointed by said court, at Andrew Kinkead's, about four miles from said court house on Stoner, on Tuesday the 21st of June next, in order to prove the beginning for a thousand acres of land, located and surveyed by John Pleak for James Dupuy, to take the depositions of certain witnesses to establish the said beginning and to do such other acts as the law directs.
JAMES LITTLE.
May 18, 1796. §
FOUR DOLLARS REWARD
STRAYED away out of the pasture of Captain Hubbell near Frankfort a hard some dark bay Horse with a nip on the left side of his nose, natural trotter about sixteen hands and a half high, low in flesh, whoever will bring back the said horse shall have the above reward and all reasonable charges paid them by. ELISHA WINTERS. April 29.
Lexington, May 28.
EXTRACT OF A LETTER From a gentleman in London to a member of Congress, dated Feb. 27.
"The present news of this day represent that negotiations for peace are not likely to succeed; that the grand armies on the Rhine are rapidly encroaching; that the French armies will shortly consist of 300,000; that the French are exchanging all their old field artillery for new; the Field Marshal Clairayt has resigned the command of the Austrian army, which is given to the Arch Duke Charles, &c. In short, every thing indicates a warm bloody campaign."
MR. BRADFORD.
I TAKE this method through your press to inform the public as well as James Garrard, that I shall contest said Garrard's election as governor for the following reasons:
The electors had no right to take a second ballot, by the twelfth section of the first article of the constitution.—Twenty-one votes having been given to me on the first ballot, and sixteen to Garrard; I was duly elected & ought to have been returned instead of him—I consider if the constitution is so infringed upon, that it becomes my duty to lay the matter before the public. It is not upon my own judgment, Mr. Bradford, that I altogether depend; it is the general opinion of those I have consulted; and I shall take the liberty of giving the public the opinion of the attorney general on that head. Yours.
QUESTION,
By Benja. Logan, to John Breckinridge, Attorney Genl.
"In the last election for a governor of this commonwealth, the electors, (who were 56 in number) proceeded to ballot, when their votes were found to stand as follows: B. Logan 21; James Garrard 16; Thomas Todd 14; and John Brown 1. The electors took a second ballot for Benja. Logan and J. Garrard, when James Garrard obtained the greatest number of votes and was declared gov. Had the electors a right under the constitution to proceed to a second ballot, and is James Garrard legally elected?"
ANSWER.
I do not conceive that this question can come before me as attorney general for this commonwealth. It is not one of the duties prescribed to that office by the constitution, and I have seen no law requiring him to give an opinion on a case like the present.
My opinion however as a lawyer I can give you.
It is upon the 12th section of the 1st article of the constitution, this question depends.—In the construction of every instrument, the intention and object of its author, is sought after, in order to discern its meaning. This is a construction founded in reason and adopted by law; and has been peculiarly applied to statutes and other regulations which have been made for the guide of mens conduct. This rule cannot apply more strongly to the true construction of

any thing than the constitution of one country, it being the grand rule of conduct to which all others must subservient, and containing such strong expressions of the general will that every man is supposed not only to understand it, but to have had a share in its formation. The 12th sect. pursues a method of election, that is of modern date, and I expect had principally in view (so far as respects the election of a governor) the Federal constitution. The intention and object must have been, to have created a body, in which was intended to be infused more wisdom, deliberation, and political information, than was generally exercised by the mass of the people from whom they were selected. But it could not have been intended that they should possess higher or other powers, than those who gave them existence; and an elector when he deposited his ballot, must be supposed to have done that, and that only, which all who voted for him would or could have done, had they have been called on to vote. Some difference there is, it is true, in the method of deciding an election, where the votes are equal, between the people and the electors. The sheriff decides the first, and the constitution directs the method as to the second. If then the electors represent those by whom they are delegated, and have power to do that, which their constituents would have done had they been present, and no more, it seems to follow, that the election held by the electors, must operate the same effect, and in the same manner, as if all their constituents had been actually present. Had their constituents been present, the person to whom the greatest number of votes were given, would have been elected, whether the whole of the votes so given, amounted to a majority of all the votes in the commonwealth or not. What power would the people thus assembled have had, in the situation the electors stood after the first ballot, to have taken a second ballot, for the two highest on the poll? In a democracy, there is no true criterion of choice, but by a majority of wills. Every man has a right to place that choice on whom he pleases; and when he has expressed that choice by giving his vote, I do not see what right he then has to retract that, and make a second or a third. When the electors all met, the whole people, were in the eye of the constitution, assembled together for the purpose of choosing a gov. Sundry citizens are proposed, and all obtain votes, but the greatest number falls to one. That one must certainly be elected; unless there be some constitutional regulation or restriction, which requires a majority of voices and which also requires, that they shall persist in voting, until such majority fall upon some one person.
This article although it appears to be taken from the first sect. of the 2nd article of the Federal Constitution is totally silent as to the necessity of a majority of electors concurring in an election. The Federal constitution requires in express terms the concurrence of "a majority of the whole number of electors appointed," in the choice of a president. This goes strongly to shew, that to make a majority of electors of any kind, whether mediate or immediate, necessary to an election, there must be an express constitutional provision to that effect. But it is beyond question, that under our constitution, the concurrence of a majority of the electors, is not necessary to an election; for it declares, "that they or a majority of them so met shall proceed to elect" &c. There are 56 electors; 29 make a majority; 15 therefore can make an election, and I cannot see why an election could not be made by a number still smaller, as the constitution does not even imply, that the person elected must have a majority of the votes present. There is a provision in the constitution
it is true, for a second ballot, but that is expressly confined to the case of candidates having an equal number of votes; and no other is mentioned, altho' such a case as the one under consideration must have occurred to any man.
Reason and natural right therefore, not justifying this method, and the constitution not directing a second ballot, except in the case of an equal division only, what authority had the electors to take a second ballot, when each candidate had different numbers? I can discover no authority, except that derived from custom, and that custom created by legislative bodies, for their own particular government. It is a custom in the Legislature of Virginia; and I believe is the practice in the other American Legislatures (who elect to offices) when neither candidate has a majority of the votes present to vote a second time for the two highest on the poll.
But what has this to do with the provisions of our constitution? If those parliamentary customs were thought important they would have been engrained into the Kentucky Constitution; and as they were not, they cannot be attended to; for the electors as such, can acknowledge no earthly guide or controul but the constitution of their own country. But even this parliamentary custom would not answer all cases. Suppose Messrs. Garrard and Todd had each got 16 votes, which of the two ought to have been dropped on the second ballot?
A little reflection will satisfy any person that this method of persisting to ballot until some one candidate shall attain a majority, would open a door to practices by which the best men in the commonwealth might easily be excluded.
The time which I have had to consider this question being much shorter than I could have wished & the question itself being a new one to me it is very likely my opinion may be erroneous, I would therefore advise Gen. Logan to take other counsel; My opinion however is, that Gen. Logan was constitutionally elected Governor upon the first ballot, and ought to have been declared and returned as such by the electors. J. BAECKINRIDGE. May 24 1796.
TRANSYLVANIA SEMINARY. At a stated meeting of the trustees of the Transylvania Seminary, in April 1796, adjournment of said board was made until the first Friday in June next. The trustees are requested to attend that day in Lexington at the seat of the Seminary, at 9 o'clock A. M. as the President has resigned his appointment, and a new one in consequence thereof will be chosen, when some other business of importance is expected to be brought forward at the same time. May 9, 1796 John Campbell, Cnm.
TRANSYLVANIA LIBRARY. Committee meeting, April 18, 1796. RESOLVED, that a general meeting of the SHALE be called, to meet at the Seminary, on the day and hour the trustees of the Seminary have adjourned to (10 o'clock in the morning, on the first Friday in June,) in order to take into consideration the propriety of irrevocably binding themselves to continue the Library at the Seminary. H. TOULMIN, CLK. T. L. C.
NOTICE. On the fourth Friday in June next, I shall attend the commissioners appointed by the court of Harrison county, at a tree marked SM on the south fork of Mill creek, (near the place where John Adams now lives) the beginning of an entry of five thousand acres of land, made in the names of Thomas Holt and Samuel McMillin, then and there to perpetuate the testimony of certain witnesses respecting the calls in said entry, and do such other act as shall be deemed necessary and agreeably to law. SAMUEL McMILLIN. May 24, 1795.
NOTICE is hereby given, that on the 30th day of June next, I shall attend with the commissioners appointed by Shelby court, on Fox run, on the land claimed by William Henton, heir at law to Evan Henton, by virtue of a preemption and settlement then and there to perpetuate the testimony respecting said preemption and settlement, pursuant to the act of assembly in that case, made and provided. May 24 1796. WILLIAM HENTON.
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.
ALL PERSONS INDEBTED 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 and no longer. Lexington, 27th May, 1796.
NOTICE Commissioners appointed by the court of Scott county, will attend at Mr. Beatty's living on Miller's run, a north branch of the north fork of Elkhorn, on the sixteenth day of June next, then and there to perpetuate the testimony of certain witnesses, respecting the calls of an entry on settlement right made in my name as assignee &c. for four hundred acres of land lying on said Miller's run and do such other acts as shall be deemed necessary and agreeably to law. LEONARD HALL. May 27, 1796.
NOTICE I hereby give, that I shall on the first day of August next, attend with the commissioners appointed by the county court of Nelson, in pursuance of the act entitled "An act to ascertain the boundaries of lands and for other purposes," at the Cave spring in said county, to perpetuate the testimony of certain witnesses respecting the improvement made by Joseph Irwin in the year 1779. And also the boundaries of a preemption of four hundred acres granted by the commissioners to the said Joseph Irwin, deceased. JOSEPH IRWIN.
PUBLIC NOTICE is hereby given, that we, John Stow, Walter Taylor, James Turley, Nathaniel Evings, and William Evings, do claim a preemption of 1000 acres of land, which was granted to John Warford, as assignee of Hugh Sudwell, in Clarke county, on the east side of Slate creek, including an improvement and a spring known by the name of the Elkhorn spring. Any person claiming land that may interfere with that claim, are notified to attend at the above spring and improvement, on Friday the twenty-fourth day of June next; at which time and place, we shall proceed to take the depositions of sundry witnesses, to perpetuate testimony respecting the several calls in said Sudwell's certificate, with the commissioners, agreeably to a law of this state in that case made and provided.
STATE OF KENTUCKY. Fayette County, April Court of Quarter Sessions, 1796. Robert Patterson, Complainant, Against Nathan Read, Defendant.
IN CHANCERY. THE Defendant not having entered his appearance agreeably to an act of assembly, and the rules of this court; and it appearing to the satisfaction of the court that he is not an inhabitant of this state; therefore on the motion of the complainant, by his counsel, it is ordered that the said Defendant do appear here on the second Tuesday in September next, and answer the Complainant's bill; that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, and published some Sunday at the Presbyterian meeting house in Lexington, immediately after Divine service, and at the front door of the court house in this county. (A Copy) Teste LEVI TODD, C. Cur. Kentucky Academy, May 10, 1796.
To Mr. James Crawford, Chm. SIR, WE have thought it necessary, that a seat either temporary or permanent, should be fixed upon for the Kentucky Academy; we therefore request you, sir, to call a meeting of the Board, on the second day of June next, in order to deliberate on that subject, and such other business as may come before them. We are, sir, with due respect yours, &c. &c. James Welch, James Blythe, William Guthorn, Robert Patterson, Andrew McCalla. In consequence of the above, the Trustees of said Academy are appointed to meet on the above mentioned second day of June at the house of Mr. Robert Megowan in Lexington. JAMES CRAWFORD, Chm. May 10, 1796. 3W
BOURBON COUNTY.
April Quarterly Court, 1796. James Du Can and William Thomas, Complainants, Against Eli Kennedy, Sophia Kennedy, Washington Kennedy and Ary Kennedy, infants under the age of twenty-one years; Zechariah Wheat and Elizabeth his wife, Josiah Asher and Rebecca his wife, Samuel Hatcher and Julia his wife, and John Kennedy (son of Daniel) heirs and devisees of John Kennedy deceased. Defendants.
IN CHANCERY. THE Defendants Zechariah Wheat and Elizabeth his wife, and John Kennedy (son of Daniel) not having entered their appearance herein agreeably to the act of assembly and the rules of this court, and it appearing to the satisfaction of the court that they are not inhabitants of this state; on the motion of the complainants by their counsel, it is ordered, that unless the said defendants do appear here on the first day of the next June court, and answer the complainants' said bill, that the same shall be taken as confessed; and that a copy of this order be forthwith inserted in the Kentucky Gazette three weeks successively, & at the front door of the Presbyterian meeting house in Paris. A copy THOMAS ARNOLD, C.B.C.
At a Court of Quarter Sessions held for the County of Hardin, the 23rd day of February, 1796. James Nourse, Complainant, Against George James, John Anderson, James Brown, Philip Philips & Ebenezer Osburn, Defendants.
IN CHANCERY. THE Defendant George James, not having entered his appearance agreeably to an act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that the said defendant is not an inhabitant of this commonwealth; on the motion of the complainant by his counsel, it is ordered that the said defendant do appear here on the fourth Tuesday in September next and answer the complainant's bill; and that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively and published at the house of Mr. John Vertrees two Sundays it being a place of public worship, immediately after Divine Service. D. MAY C. H. C. Q.
STATE OF KENTUCKY. Fayette County, April Quarter Session Court, 1796. Levi Todd, Complainant, Against Elizabeth Ridley, Widow of William Ridley deceased, and James Ridley, Howell Ridley, Henry Willis Ridley, and Mary Ridley, infants, heirs and representatives of William Ridley deceased, Defendants.
IN CHANCERY. THE Defendants not having entered their appearance agreeably to an act of assembly and the rules of this court, and it appearing to the satisfaction of the court, that they are not inhabitants of this state; therefore on the motion of the complainant by his counsel, it is ordered, that they do appear here on the second Tuesday in September next, and answer the complainant's bill; that a copy of this order be forthwith inserted in the Kentucky Gazette for two months successively, and published at the door of the Presbyterian meeting house in Lexington, some Sunday immediately after Divine service, and at the front door of the court house in this county. (A copy.) Teste LEVI TODD, C. Cur.
Take notice, Agreeable to an order of Bourbon court, I shall attend with the commissioners appointed by said court, at Samuel Mitchell's on Monday 20th of June next, in order to certify the identical spot that was originally called Harrods Lick, about eight miles from Paris; in order to find out where the settlement and preemption of Samuel Henderson ought to run, agreeable to his claim; that other claims adjoining or interfering with said Henderson may be legally ascertained, and where I shall take the depositions of sundry witnesses to establish the same. JAMES DUPUY. May 18th.
TAKE NOTICE AGREABLE to an order of Bourbon court, I shall attend with the commissioners appointed by said court, on Monday the twentieth of June next, to prove the beginning marked tree, for a thousand acres of land, located and surveyed for the subscriber, near a spring where Jeremiah Frame now lives, about eight miles from Paris, on the waters of Stoner's creek; then and there to take the depositions of certain witnesses, to establish the beginning and do such other necessary acts as the law directs. James Dupuy. May 18, 1796.

AT THE SIGN OF ANDREW M'CALLA'S APOTHECARY'S SHOP, NEAR THE STRAY PEN, LEXINGTON, ARE FOR SALE, THE FOLLOWING MEDICINES, &c. VIZ—
QUICK silver Aqua-fortis White arsenic Antimony Aloes hepatic — succotrine Alum Andersen's pills Hooper's ditto Allspice Ether vitriol Balsam capivi — flyor — turlington — sulphur Basilikon yellow Bole-armen Borax Black ball Bread pipes Lunar caustic Common ditto Canella alba Orange peel Cinnamon Sinaranba herb Peruvian red and pale — ditto Angustura ditto Caucarilla ditto Phial corks Bottle ditto Spanish flies Cochineal Steel dust Saffron Cloves Court plaster Fly stone Colicinth Turner's cerate Daly's carminative Lenitive electary An de luce Imperial essence Essence burgamotte — lemon Elixir vitriol — paragogick Verdigrease Strengthening plaster Drawing ditto Diachalon ditto Camomile flowers Benzoin ditto Sulpur ditto Senna Hiera picra Godfrey's cordial Alistetida Myrrh gum Benzoin do. Camboge do. Opium do. Kino do. Ammoniac do. Scammony do. Arabic do. Campheir do. Guaiacum do. Dragon do. Gold leaf Galls aleppo Clyster pipes Indigo Ichthecolia Lapis calaminaris — t. itae Litharge Lavender compound Liquid laudanum Magnesia alba Red precipitate White do.
Twenty Dollars reward.
R UN away from the subscriber's plantation in Buff's settlement, in March last, a Negro Boy, about seventeen or eighteen years old, of a slender make, but remarkable large feet, on one of his hands is a scar caused by a burn, he is of a yellow complexion, his name Britain, but originally called Ned, his dress I have reason to believe is changed. The said boy was some weeks past taken up by a gentleman on the north side of the Ohio river, and made his escape within five miles of my house. Any person who will deliver said negro to me, shall receive the above reward, or have him apprehended so that I get him again, shall receive ten dollars, and all reasonable charges. RO: CLARK, jun. Clarke county, May 24, 1796. tf
T AKEN up by the subscriber, in Lincoln county, on Dick's river, near Helm's mill, a dark roan Mare, about four feet nine or ten inches high, about nine years old, branded on the near shoulder but not legible, she has been shod all fours, but the shoes much worn, and lost off her fore feet, appraised to 18l. John Sutton. March 28, 1796.
T AKEN up by the subscriber on the head of Huston in Bourbon county, a bay mare, six years old, thirteen and a half hands high, has a blaze face and three white feet, branded S on the near shoulder and buttock, appraised to 9l. 10s. Benjamin Hancock.
FOR SALE ONE thousand acres of the late General Stephen's military survey of LANDS on Hickman, without ten miles from Lexington, and adjoining that part on which General Lawton now lives. For terms apply to Thomas Hart and Cornelius Beatty of said town who are empowered to dispose of the same.
NOTICE,
THAT the partnership of JAMES CRAIG & Co. at Versailles, was by mutual consent, dissolved on the 8th of March last. All persons indebted to said partnership are requested to pay up their respective balances without delay to ELIJAH CRAIG jun. who is authorized to receive the same. JAMES CRAIG & Co. May 16, 1796. 3w
I forewarn all persons from taking any assignment on a bond given by me to Elijah Poston, in the year 1784, and in the month of July or August; which bond called for two hundred and fifty acres of land, on the waters of Jessamine creek, as I have discharged said bond. LEONARD K. BRADLEY. April 20, 1796. 3w
NOTICE all persons are hereby cautioned against taking an assignment on a bond given by me to Francis Howell for ten pounds, payable in Cash or Cattle in the month of June next, and dated the 6th of April, 1796, as I am determined not to pay the same unless compelled by law. URIAS WILSON. Clarke county, May 18, 1796. 3w
TEN DOLLARS REWARD.
W ILL be given for the delivery to the subscriber, living in Bourbon county, on Cooper's run, of a bay Mare, six years old this spring, about fifteen hands high, branded on the near buttock GW, a small star, one hind foot white, very likely, trots and canters well, and of high spirit. The above reward will be given if taken out of the settlement, or Five Dollars if in, and delivered to the subscriber. She left me on Saturday the 30th of April. ROGER WILLIAMS, Near Col. John Edwards.
SCHEME OF A LOTTERY,
the town of PARIS, and county of Bourbon, or raising the sum of 2801 dollars for opening the navigation of the South fork of Licking river.
  1 Prize of 1000 Dollars is 1000 Dol.   2 250 500   3 100 300   6 50 300   8 30 240   12 25 300   30 10 300   120 5 600   1496 3 4488 
For the benefit of the scheme exclusive of 10 per cent. discount upon prizes, 2002
5000 tickets at two dollars each 10000 The prizes will be paid in the town of Paris (only subject to a discount of ten per cent.) twenty days after the lottery is drawn. Prizes not called for within eighteen months after the drawing is finished, will be considered as donations made to the benefit of the scheme.
The Prizes drawn in this lottery, shall be regularly published in the Kentucky papers, and a numerical book, kept in Paris, which may be had examined (gratis) by any adventurer in this scheme.
Tickets may be had by applying to any of the undernamed persons who are appointed Managers by law; and the drawing shall commence as soon as two thirds of the Tickets can be disposed of.
N. B. The Cheapsness of the Tickets, with the advantages of the scheme, (being not two blanks to a prize) it is hoped will entitle it to the patronage of the public.
Paris, April 1796. JOHN EDWARD. HENRY CLAY, by J. Edwards. JAMES KENNEY. CHARLES SMITH. WILLIAM GARRARD. WM. KELLY, by J. Alexander. WILLIAM BOSWELL. JAMES SMITH.
NOTICE.
THE partnership of SCOTT & THRUSTON was dissolved the first day of July 1795, by mutual consent; all those who have any demands against said firm are requested to bring in their accounts for settlement without delay; and all those indebted to said firm are earnestly requested to come forward and settle off their respective balances to the subscriber; and all those indebted to him on his own account, either by bond, note or book account, are desired to make payment before the first day of July, otherwise their accounts will be put into the hands of some officer for collection. SAMUEL SCOTT. Fayette county, May 10. 3w
GENEROUS WAGES WILL be given for able-bodied NEGRO MEN, to work at the Iron Works on Slate, where they will receive good treatment. Apply to Mr. John Breckinridge, or to the subscriber. JOHN C. OWENS.
M'COUN & CASTLEMAN, HAVE JUST RECEIVED, AND NOW OPENING, At their STORE, second door below the sign of the Buffalo, a large & general Assortment of MERCHANDIZE, consisting of DRY Goods and Groceries of all kinds; Which they are determined to sell low for CASH HIDES and Country LINEN. Lexington, August 10, 1796
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.
CLASSTEE FIRST.
  1 Prize of 2000 Dol. is 2000 Dol.   1 1000 1000   3 400 1200   6 300 1800   10 200 2000   20 100 2000   20 50 1000   240 20 4800   800 12 9600   595 6 3570 
2 of 200 dollars each being } 400 1 for the first and 1 for the last drawn ticket, } 200 20670 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 Ducks, must be so 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 McGregor, in Frankfort to Mr. George Madison, in Versailles to Doctor Preston, or to
J. GRANT, } Managers. W. HENRY, } J. HAWKINS, }
Any person purchasing 20 tickets, shall have a credit until the Lottery is drawn.
INFORMATION.
A PERSON of the name of SAMUEL LAURENCE, who was travelling through this state on his way to Kentucky, died at my house in this town on the 2d inst. He had with him two female slaves and child, his riding horse and twenty-one pounds thirteen shillings and seven pence, this currency, in cash. It appears probable by four grants that he has from the state of Virginia, for lands in Nelson county, Kentucky, that his residence was in that part of said state. His representatives are hereby requested to come forward with proper vouchers proving themselves to be such in order to receive his property as stated above.
WILLIAM MACKEY.
Hagerstown, Washington county, } 3w June 10th of May 1796, April 15, 1796. S
TAKEN up by the subscriber on the head waters of Boon's creek, Fayette county, a sorrel Mare colt, one year old, a large blaze in its face, appraised to forty shillings. Jacob Resor. March 12, 1796.
FIVE DOLLARS REWARD.
STRAYED or stolen from Danville, about the 24th or 25th of April last, a dark sorrel Horse, nine years old, about fourteen hands and a half high, a number of saddle spots, short tail, natural pacer, though trots and canters. Whoever delivers said Horse to Mr. Hunter, merchant in Danville, or to the subscriber in Lexington, shall have the above reward. Matthew Wiggins. May 19, 1796.
COPPER
and MATERIALS for STILLS FOR SALE. Apply to HUGH MILVAIN. Lexington, May 4, 1796. tf
I AM authorized to sell fundy tracts of military lands on the South side of Green river, and on the North West side of the Ohio, for which a general warranty will be given. Also a considerable quantity of treasury warrant lands lying in various parts of this state. John Breckinridge. Feb. 13 1796. tf
GEORGE ADAMS, RESPECTFULLY informs his friends and the public in general, 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 every possible attention. January 1, 1796.
HAT MANUFACTORY, At the corner of Cross and Water Streets.
WHERE Ladies and Gentlemen can be supplied with Wool or Fur Hats, at a very low rate for the Cash, by ARCHIBALD BROWN. N. B. I want an APPRENTICE to the above business.
SCHEME OF A LOTTERY
For raising the sum of 2250 Dollars, for the use of the LEXINGTON LODGE, No. 25.
  No. Prizes. Dolls. Dolls.   1 of 1500 1500   2 — 500 1000   3 — 250 750   5 — 100 500   12 — 50 600   30 — 25 750   100 — 20 2000   170 — 15 2550   251 — 10 2510   440 — 6 2640 
2 of 100 each being } 200 for the first and 1 for the last drawn ticket } 200 Dolls. 15,000 1016 prizes } Not two blanks to 1984 blanks } a prize.
3000 tickets at 5 dolls. 15,000 The Prizes subject to a deduction of fifteen per cent. — Prizes to be paid for by the managers, twenty days after the lottery is drawn. A credit of one half of any number of tickets exceeding twenty, shall be given, until the Lottery shall have finished drawing. Prizes drawn and not called for within eighteen months after the Lottery finishing drawing, will be considered as a donation made to the Lexington Lodge.
The drawings of the lottery will be published in the Kentucky papers, regularly, shewing the blanks and prizes.
Tickets may be had by applying to James Morrison, Alex. McGregor, Edm. Bullock, Hugh M'Lean, Robert Megowan, } Managers appointed by Law. William Murray, John Fowler.
I WANT TO PURCHASE
A QUANTITY OF ASHES;
FOR which I will give FOUR PENCE CASH per Bushel, & will send and collect them twice a week, from the houses in town.
George Mansell. Lexington, January 9. tf
NOTICE.
THAT commissioners appointed by the court of Clarke county, will meet on the 23d day of May inst. on the land claimed by Owen Winn on an entry of 300 acres made the 23d day of May 1780, in the name of said Winn, adjoining lands of Thomas Winn, on waters of Licking; then and there to perpetuate the testimony of certain witnesses respecting the calls in said entry, and do such other act as shall be deemed necessary and agreeable to law. OWEN WINN. May 4, 1796.
FIVE DOLLARS REWARD.
STRAYED from the subscriber in Lexington, on Wednesday the 11th instant, a large bay Horse, about 15 and a half hands high, 4 years old, he has a brand, but not recollected what it is—he has been found since lately, and his shoes are taken off all round—the effects are to be seen in his feet. Any person who will secure him so that I get him, or deliver him to me, shall receive the above reward. JAMES MORRISON. tf
LEXINGTON PRINTED BY JOHN BRADFORD ON MAIN STREET.