The Kentucky gazette (Lexington [Ky.]), 1792-01-14 00:00:00

THE Kentucky Gazette.
NUMB. XVIII.
Quicquid agunt homines—nostri farrago libelli. Juv. Sat. 8. v. 85.
VOL. I
S A T U R D A Y, J A N U A R Y 14. 1792.
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 into different branches done with Care and Expedition.
Wanted by the subscribers,
B EEF Cattle and Pork, to be received on foot; Cash and Merchandise, will be given at any of their stores, either in this place, Danville, Bard's Town, Louisville, Madison Courthouse or Limestone.
They have now on hand at their different stores already mentioned, a neat assortment of
GOODS
Well calculated for this country, which they are determined to dispose of on the lowest terms for cash or the articles already mentioned.
ELLIOT & WILLIAMS.
P.S. They also want a quantity of corn and row linen Lexington, Nov. 19, 1791.
WANTED
An APPRENTICE to the BAKING BUSINESS.
An active lad of about 15 or 16 years of age will be taken as an Apprentice to the above business. JOHN COCK.
T AKEN up by the subscriber in Mercer County on the waters of Salt river, near Harlan's Mill, a black Mare, 3 years old last spring, with a large blaze in her face, and a black spot over her left eye, both hind feet white, about 4 feet nine or ten inches high, trots naturally and branded on the off shoulder K. Appraised to £10. § William Steerman.
Dec. 13, 1791.
T AKEN up by the subscriber living near Harlan's Mill, in Mercer County, a red and white bull, 2 years old last spring, no mark; Appraised to £1-10. § William Mitchell. Dec. 15, 1791.
A Company is to meet at the Crab-orchard the last day of January 1792, in order to start early next morning through the Wilderness.
FOR SALE,
For Cash or Cattle
A COMPLEAT set of Black-Smiths Tools, together with Six sets of Nailors tools; For terms apply to Mr. Zebulon Barton in Lexington, who is authorised to dispose of them.
Thomas Sloo. Dec. 30, 1791.
WANTED
An APPRENTICE to the COPPER-
SMITH's business.
An active lad of about 14 years of age, will be taken an APPRENTICE to the above business. CHARLES WHITE.
T AKEN up by the subscriber living near Harlan's mill Mercer county a red and white steer three years old marked with a slow fork in the right ear and an under and over keel in the left. Appraised to £1-10. Also one four year old brindle bull flag, marked with crop off the right ear and half crop off the upper side of the same. Appraised to £1-12. William Mitchell.
A s the partnership of TEGARDEN & M'CULLOUGH is about to be dissolved by mutual consent; and as it will be impossible for them to settle their accounts whilst they have outstanding debts; they therefore request all those indebted to said partnership, to settle their respective balances, on or before the 15th of February next. As compulsory measures would be extremely disagreeable, they flatter themselves with the hope that they will not be necessary; Those who fail to avail themselves of this notice may remember there is no other alternative.
T HE FULLING business will be carried on in all its different branches by the subscriber at his
FULLING-MILL
On the middle fork of Elkhorn about six miles from Lexington. 3w WILLIAM SCOTT.
MR. PRINTER,
M y mind has been much agitated, and I might say confused, by some late productions you have published respecting the formation of a constitution of government for Kentucky. As the nature of the case does not admit of partial interests, I am well persuaded that a good government is the anxious wish of every individual: but the importance of the case does as naturally excite the fear of disappointment; and the jarring opinions on the subject that seem to prevail, have produced jealousies and factions, which are more likely to defeat the great object we are all aiming at than every other consideration besides.
Some are of opinion, that a declaration of rights is an essential part of a good constitution; others with as great decision, pronounce a declaration of rights to be absurd and dangerous in a republican government. Some are for two branches in the legislature, and others for one only. Some would have us trust the framing a constitution solely to a general convention of representatives chosen for the purpose; and others contend that the convention ought to be guided and restrained by county committees, instituted to instruct their respective representatives what shall be inserted in the constitution, and also to correct what they shall judge to be amiss therein when framed. Several other leading principles of government have likewise been proposed & agitated, which I forbear to repeat; & much declamation has been expended concerning great men—Rich men—Ignorant men—Designing men—Anarchy men—& Aristocratic men, which I conceive it would have been to the credit of these writers not to have repeated.
It is not my design to discuss any of those sentiments which go to the merits of a constitution. I think that delicacy forbids it; and that the dogmas of an individual are not only presumptuous, but exceedingly dangerous, in a case which is finally to be decided by the united wisdom of the community. But as a means of checking what appears to me an excessive ardor in some others, I would humbly suggest that certainly that government is best which does most effectually direct the exertions of power to the general good of the people most effectually guards against party factions or evil designs. To frame a constitution which will accomplish these invaluable ends, friendly consultation and cool deliberation are of the highest
importance; and that we may not institute our own whims in the place of experience (that surest test of human device) should we now, before we decide, make ourselves well acquainted with the forms and principles of the american and the other free governments which have been practiced in the world.
As I wish to intermeddle as little as possible with party business, neither shall I spend my opinion on the general expediency of committees. So far as they were intended to influence the choice of representatives to convention they have had their effect, whether good or bad is now of little consequence to determine. But I have learned from your papers that some of these committees have in contemplation to instruct the convention, or their representatives in convention, to insert in the constitution such articles as the respective committees shall think proper; and also to require that the constitution when framed, shall be submitted to their approbation before it be established; I thought myself called on as a private individual, to investigate the propriety of these measures. The result of my deliberation I beg leave to submit to the public, hoping, if my conclusions are founded on reason, that they will convince others or, if they are wrong, that some one will point out my errors; which if done with that decency that I shall endeavour to observe, will be thankfully received by me and every other enquirer after truth.
It has been clearly demonstrated by political writers, that as many of the members of a community as think proper, ought to have the privilege of peaceably assembling together to consult for their common good and of addressing their ruling powers, in the way of PETITION, MEMORIAL, or REMONSTRANCE, on any subject either of a public or private nature; and this privilege is recognised or asserted in most of the American constitutions of government. But such addresses are not considered as BINDING on rulers, or as entitled to any notice from them, further than they are supported by reason. They should depend on their MERITS rather than on the respectability of the number or character of the signers; for it is not easy to conceive a case where respect to persons should have weight in a public decision: reason, justice, and the public good are generally the proper criterions. If a number of men in a county, or in the respective counties concerned, should think proper to assemble together under the name of committees, and on behalf of themselves and those who appointed them, prefer addresses of the kind which have been mentioned, to the convention

tion, they will certainly be justifiable; and I am persuaded, their addresses will meet with due notice. But it should be observed, that these committees are mere voluntary associations, and can only represent the individuals who appointed them. If there be one, a few, or many in a county who dissented from the choice, or did not actually vote; such persons, from the nature of the case, are not bound: it is only, as I said, a voluntary association, unauthorized by the constitution or the laws of the country, and all men by nature are independent of each other; and therefore, in such a case to presume to act for those who do not acquiesce, would be an arbitrary assumption of power without right. Under an express law, to which we have all assented by our representatives in the late convention, we have now elected representatives to form a convention for the special purpose of devising a constitution of government. In electing these representatives, and in the result of their deliberations as unanimity is not to be expected, it is necessary that we should be bound by the will of the majority; and if any are not pleased with the will of the majority there is no remedy but quietly to depart from the community. This convention is vested with the power; and in a political sense, if not in reality, is possessed of the collective wisdom and virtue of the whole community which is requisite to provide for the good government of the whole; yet if any of the parts are desirous to make a particular request or think that they can aid the public councils by their advice, their addresses made with respect, should be considered with attention. But after all, the convention will not only have power, but it will be their indispensable duty, to do what appears to themselves to be for the public weal: for this purpose they were entrusted, and they would betray the trust reposed in them by suffering themselves to be led contrary to their own judgments.
As to what are commonly called instructions, either to a whole deliberative assembly, or to the members of a certain district, I am not able to say much in their favor. They rather seem to me to be a kind of political hobby horse, on which, in free countries, the people are sometimes fond of riding; for I do not find that instructions are recognized by the law or constitutions of any government whatsoever. Yet from the preceding considerations, it appears that they may be countenanced in the same point of view as petitions, memorials, or remonstrances. I must however confess, that the name is improper; for modesty forbids us to speak of instructing those, who for their wisdom, have been selected and constituted our political fathers to govern us; and reason and scripture both teach us to reverence our natural, political, and ecclesiastical fathers. But to BIND our public representatives by instructions, is in fact, as well as in name, a thing totally inadmissible. The nature and duty of a deliberative assembly absolutely forbids it, and it will be found absurd in every point of view it can be taken.
The absurdity of giving any instructions which will be binding, may be inferred from the intimation already given concerning the duty of representatives. But what has been practiced in other countries, and is so much relied on in this, deserves a more particular attention.
It is the first Article in my Political Creed; — that all civil power originally resided in the people at large; — but like those in private life who cannot make it convenient, or who have not talents to manage their own business, civil communities are constrained to vest their power in trustees, selected for the purpose of exercising it in certain cases under certain prescribed forms and restrictions: that is to say, according to the constitution and laws under which
they are to act. So that it would be absurd to suppose, that a community have transferred any power to trustees or rulers, and at the same time retained it in themselves. These trustees are really the servants of the people, and in the modes prescribed, (but in no other mode, or else they would be slaves and not servants.) they are accountable for the trust reposed in them; yet, on the other hand, being endowed with the power of all, each individual must submit to the regular exercise of this power, until the government thus established, shall be abolished. (For it is acknowledged, that the right of abolishing their government, is a power always retained by every community, and may be exercised with propriety as often as occasion requires.) It is therefore a plain conclusion, that, unless the constitution, or laws of a community, has established some power to controul the general assembly of their representatives, no such power does actually exist. And it might be said, that if any such power were really to exist, it would defeat, and not promote the ends of a public council. A special law of Virginia, to which we have assented in a late convention, and which has also been approved in Congress, fully impowers the ensuing convention to frame and establish a constitution of government for us, and no other power is the ein pointed out or implied by which the regular proceedings of this convention can be directed or controuled; Therefore instructions to the convention from any man, or set of men, must be disorderly, and ought not to have any effect. By memorial is the only justifiable way of giving them information; for they ought not to be commanded.
The belief which prevails of the OBLIGATION of instructions, seems to arise from an apprehension, that representatives are only bound to consult the interest, and to do the pleasure of those who elected them. But this is not true. That representatives may be chosen who are acquainted with the circumstances and wishes of the several parts of the community; and that there may be those in the public councils who have a fellow feeling with every part, the elections are commonly made in districts; but when they are thus chosen, to every general purpose they become the representatives of the whole community; when they assemble, they respectively take an oath or affirmation, — well and truly to do the duty of a representative of the whole community; and the nature of a public council requires, that each member should consult for the good of the whole, and that no one should regard local interests or opinions further than the general interest will permit. If this were not the real state of the case, but each member were bound inviolably to adhere to local interests and opinions, it would frequently happen that a majority could never agree on any measure proposed. So that in this point of view also, the doctrine of instructions is absurd. Suppose, for example, that one third of the representatives to the ensuing convention, should be instructed only to establish county courts in the new government, and her third only to establish four District courts, and the remaining third only to establish one general court. If these instructions should be considered as binding: would not the consequence be, that the community would have no court for the trial of any case civil or criminal?
It might be shewn, that those who give instructions, do presumptuously determine the case before its merits are heard and considered by the public council instituted for the purpose; — and that the members of such a council who receive instructions, do meanly sacrifice their own independence and the public good, for the sake of local popularity. Many other improprieties might also be pointed out, to evince the absurdity of attempting
to bind our representatives by instructions; but the bounds I have prescribed forbids me to proceed.
My thoughts on submitting the constitution when framed by the convention to the revision of county committees, I wish you to publish as soon as I shall have an opportunity of sending to you again.
I am Mr. Printer,
yours &c.
X, Y, Z.
AS Hints & proposals relative to public matters are aim at every day proffered to the consideration of the good inhabitants of the district of Kentucky, would it found like arrogance in me to make such a kind of tender? Has not every man a natural right to do the same? To forbid this, is to destroy the liberty of the press, that great and mighty paladium of a nations freedom and happiness. When I make a proposition, the good of my country is my main object. But as I possess not the attribute of prescience, I cannot certainly say that it will operate to the advantage of my country: and as I am deficient in power, I am sure it would be the very height of presumption to say that it shall.
But notwithstanding these formidable reflections, yet with that precipitate and adventurous spirit that I was always so much subject to, do I venture to make a proposal if I have even so remote a thing as possibility on my side. Yet this proponent thinks that he has like-wise probability to urge him. He will now let you know what he wants. He wishes a general diffusion of knowledge to take place among his countrymen. And he knows not any plan that appears to have a greater tendency towards its promotion, than one that was proposed in Virginia at the time that their laws were revised. And altho' it was not adopted, yet will she see the time, when she will have reason, most cordially to lament the fatal moment in which it was rejected. The plan is as followeth — Let each county be divided into small districts of 4 or 5 miles square called hundreds, and in each of them let a school be established for teaching reading writing and arithmetic. The tutor to be supported by the hundred and every person in it entitled to send their children three years gratis, and as much longer as they please paying for it. These schools to be under a visitor, who is annually to choose the boy of best genius in the school, of those whose parents are too poor to give them further education, and to send him forward to one of the Grammar schools of which 7 or 8 are proposed to be erected in different parts of the country, for teaching greek, latin geography and the higher branches of numeral arithmetic. Of the boys thus sent in any one year, trial is to be made at the grammar schools, one or two years, and the best genius of the whole selected, and
continued six years and the residue dismissed. By this means 7 or 8 of the best geniuses will be raked from the rubbish annually, and instructed at the public expence, so far as the grammar schools go. At the end of six years instruction, one half are to be discontinued, (from among whom the grammar schools will probably be supplied with future masters) and the other half who are to be chosen for the superiority of their parts and disposition, are to be sent and continued three years in the study of such profession or sciences as they shall chuse at the university which may be hereafter established.
Thus by laying off the counties into small districts of 4 or 5 miles square, we render it convenient for all the inhabitants within each district to send their children from home and consequently the children of the whole state will be taught reading, writing and common Arithmetic. And they will likewise derive a peculiar advantage from the liberal education of their tutors: for I will only observe by the way, that the common teachers of reading writing and arithmetic are egregiously deficient in the competent qualification of so important a trust — By forwarding superior geniuses among the poor to the grammar schools, the commonwealth will avail herself of those geniuses which nature hath placed as diffusively among the poor as among the rich — but which if not sought for in this inane time state and cultivated perith in embryo — How much the rising generation will be benefitted by the aforesaid plan, will appear upon the slightest reflection. Renowned generals consummate judges, wise statesmen, philosophical patriots, and consequently those noble heroic and magnanimous actions, which exalt and dignify human nature will not be uncommon in that happy and beatific age. And this because almost every individual of the community will be in a manner compelled to pursue that business or occupation which may appear the best adapted to his genius and capacity. As I think it may be presumed, that if the visitors of the different English schools be invested with the privilege of pronouncing after examination and trial what they thought each student the best calculated for pursuing, that the rich fathers of dull children, would hardly after so decisive a sentence forward them to the Grammar schools — They will therefore send for them to come home, and pursue a mechanical profession or at least some other business, for which their capacities might be better fitted. We shall therefore have great mechanics and great farmers as well as great politicians and great philosophers. How pleasing then must it be to the supreme governor of the universe, to behold

his creatures severally pursuing that employment which he originally intended they should. This would be transmitting the fire, the rich, the Heaven-blest Kentucky into a terrestrial paradise indeed; this would be making practicable (in substance at least) what was always supposed to be impracticable: I mean the introduction of theoretical governments and utopian states among mankind—happy mortals! did we think ourselves capable of so much happiness? The millennial age will probably be introduced into Kentucky before the confinement of Satan.
But as the bare mention of this proposal carries along with it a sufficient comment of the benefits and advantages naturally resulting from its establishment, I shall therefore make but a few more observations on the subject—Altho' I know the legislature might well enough make such an establishment, yet as one legislative body may repeal what another hath done, I therefore submit it to the consideration of the Convention, as I wish it to be established on the unalterable basis of a Constitution of government.
Because the latter would secure a permanent felicity to the state of Kentucky—Should Kentucky be so manly and dignified as to adopt it, it will perhaps be one of the most fortunate events that could possibly happen for mankind—For who knows but what other nations and other ages rouled by so excellent an example, may be instigated to pursue the same tract. Then will be introduced principles among us truly equal and republican. The poor will have an equal chance with the rich of performing those noble and illustrious feats which do honor to our nature. They will act worthy of themselves—They will be raised to that state of equal rights and privileges among their fellow creatures in which the benevolent Father of the human race originally placed them, and which nothing but the towering and immoderate ambition of princes and clergymen hath since deprived them of—and perhaps a mutual emulation between the poor and the rich will produce a set of noble spirits which will exceed all those that ever went before them—it always incenses and exasperates my mind, when I consider how the faces of the poor have in almost every age and nation been rubbed, mangled and emaciated by a set of vile rascals and unprincipled despots (men who in other circumstances would have been repured the very refuse and dregs of the earth) and have really been treated as if they were a different species of beings—But my indignation is abated, and I immediately receive a kind of a solatium, when I consider that they are now on the ascending scale. I know it will
be surmised by some, that by such pompous and mighty declarations (as they will be apt to term them, I am seeking the reputation of patriotism—But when they consider that I am one of these poor men myself, they will immediately impute it to the right source, viz a desire of supporting my own rights.—This is not only natural but likewise proves the validity of a maxim that has been before hinted to the public, in the Kentucky Gazette, viz the existence of separate interests, and a superior fondness for those who are in a similar situation with ourselves—I know the above plan will meet with opposition from the churlish and penurious But if after a cool and impartial consideration, it should receive the approbation of the generous and intelligent, I shall be abundantly consoled for all reflections and imputations that can possibly come from any other quarter—It is really a matter of the greatest moment and importance—I therefore solicit the most earnest and serious attention of my countrymen to the probable consequence of such a scheme—O ye Philanthropists of the present age, ye whose affections are not confined within a narrow & partial sphere, give ear, attend to my proposal.
My opinion of the humane generosity, liberal sentiments and enlarged views of my fellow countrymen hath already produced a satisfaction and confidence in my own mind, at least, that a few hints of an obscure and indigent, but honest member of the community, will give rise to the most charitable and christian like institution, that the purest and most benevolent dictates of the human heart ever gave birth to.
PHILANTHROPOS
P. S. Tho' the consequences as above ascribed to the institution of a charitable and eleemosynary foundation if I may be allowed to call it, may appear to some as the effusion of a warm and inexperienced heart, yet no man can deny, that the ultimate result will be a general diffusion of knowledge among the mass of the people—And will not this increase our safety and happiness and tend greatly to the preservation of that liberty, which might otherwise be wrested from us by the rapid (tho' unknown) progress and gigantic stride of the demon of despotism—This therefore in conjunction with a good constitution of government will make us a great, happy and independent people if we be not obstinately bent on the contrary—As an uniform and constant vigilance in the people, and more especially in those of them who are candidates for the ensuing convention, is indispensably necessary to the attainment of such a blessing, I will therefore before I dismiss the subject, address a line to our representatives in future, if it was only to keep the subject alive, and a desire to prevent my countrymen from falling into that languor and carelessness concerning the important scene which is so near at hand, and which may without great caution and circumpection terminate in a total loss of our liberties. For God's sake first be not remiss and careless with respect to this momentous matter. Be not fatigued and disgusted with it as privily and turbid minds are apt to be with an old narration: they say it is old and worn out and therefore unworthy of attention—
This might do in matters immaterial and of little moment but is a ruinous and destructive intrusion in the present case, and will never tend to the advantage or security of a people. It is not long till the meeting of the Convention. It is therefore no very difficult task to meditate from now till then—Remember Sirs it is a matter in which you can mistake but once: like the consummation of the nuptial tie, which cannot be dissolved but by death. You cannot impose too many restrictions upon the governors, provided you leave sufficient latitude for the exercise of their respective duties. A man in power without restraint is like the insatiable Tithonus, who tho' in the midst of ever-blessings, is continually thirsting after something that he has not. The insatiable and boundless desires of the human heart for power and dominion, is proven by a reference to the history of Alexander the Great. When he penetrated to the Eastern Ocean and ravaged as much of the world as he knew, he wept that there was not another world to conquer. It is proven not only by the history of Alexander, but by the history of every age and nation.
Happy would it have been for mankind had there never been more Alexanders than one. We hear of Popes in modern times at the age of four-score years, threatening to set fire to the four corners of the earth, rather than admit that kings were their equals and companions—There is a set of men who would, if they had it in their power, set fire to the whole world, and deluge the earth with the blood and carnage of their fellow creatures rather than miss of a favorite aim. It is an usual observation, that the world is governed by men and men by their passions, which being boundless and insatiable, are always terrible when they are not controlled. Who was ever satisfied with riches, or surfeited with powers, or tired of honors—In framing a constitution of government, we therefore perceive the necessity of prescribing certain rules limitations and restrictions for the purpose of regulating the conduct of the rulers. Otherwise under the color of acting ex officio they might oppress, grind and trample upon the natural rights of the people—But what degree of restraint should be imposed, or in other words what is the proper line of distinction that ought to be drawn between the rights retained or surrendered, is a task delicate laborious and difficult to ascertain—Study and reflection would not therefore be improper on this head—Muse ponder, think and rest—Rest, and think again. As industry is the law of our being, neither the art of good government nor any other valuable art or blessing can be acquired without it—This is the course marked out by the deity, as the most eligible for man—Restless, busy, prodding mortals: that we cannot find time to ease our brows of anxieties or our hearts of the most corroding and pensive cares—And now to the supreme controller of all human events: that we may be enabled by his divine and benificent interposition, to form a constitution of government productive of the ease, security, happiness, honor, dignity and independence, of this important member of the federal union.
* I should blush to think myself capable of instructing my representatives I can declare to the whole world that I entertain no such idea: and that my only intention in ranging these hints in the above form is a desire to resuscitate Political enquiry and discussion among my countrymen as I am conscious it will have a good tendency. Upon the same principle I should suggest a few points concerning elections did I not conceive it rendered unnecessary by the remarks of that profound and judicious observer who lately appeared in the Kentucky Gazette under the title of A. B. C.
LEXINGTON, Jan. 14.
THE following members are elected to represent the county of Lincoln in the convention to form a constitution or form of government for the state of Kentucky, viz.
Benjamin Logan, John Bailey, Isaac Shelby, --- Swoope, and William Montgomery, gent.
TAKEN up by the subscriber, living in Woodford county, on Dry run, a brindle steer, with some white under his belly, his right horn broke, a crop two slits and a half penny off the under side the right ear and a half penny from the under side the left; about 3 years old. Appraised to £1. 10. Samuel Liming.
December 4 1791
ALEXANDER & JAMES PARKER
Have just received and now opening a large and general assortment of dry goods, groceries, hard ware and queens ware, at their stores in Lexington which they will sell on the most reasonable terms for cash, public securities and hides.
ALL those indebted to the subscriber are requested to make immediate payment to Mr. Hugh Brent jun. who is authorized to settle my accounts and all those having demands against me, will retain their accounts to him who will discharge them as quick as possible.
THOMAS YOUNG. Lexington, Nov. 27. 1791.
STOLEN From the subscriber, living near French Lick Cumberland, a bright bay mare, five or six years old, near fifteen hands high with a star in her forehead and a skim over her left eye, and to appearance cannot see, but can see; her right shoulder somewhat struck, occasioned by the kick of a horse; also a yellow bay yearling mare colt with a star in her forehead and has been burnt between the fore legs, and on the knee, the scars to be seen, and the hair about them is black. A reward of twenty five dollars will be given to any person that will bring the above mentioned creatures to me or in proportion for either of them also a further reward of Twenty five Dollars more will be given for the said or either of them as he or they may be brought to Justice, the above reward will be paid in good trade by me.
BENJAMIN FOSTLING. Nov. 25th 1791. (pd 1w)
THE Subscriber living in Woodford County, wants a labouring man to live with him the ensuing year in the character of Overseer, one with a small family would be preferred.
H MARSHALL. Dec. 18th 1791.
TAKEN up by the subscriber in Bourbon County, a black mare 12 years old, 13 hands and a half high, branded on the off shoulder HS a little whit on both hind feet some saddle spots has the pollevil, appraised to £4. John Brown. May 18 1761. (P 1w)
A Person who understands constructing a
PAPER-MILL
May be informed where he will get employment by applying to the printer hereof.