The Patowmac guardian, and Berkeley advertiser (Shepherdstown, Va. [W. Va.]), 1792-08-13 00:00:00

CONSTITUTION, OR FORM OF GOVERNMENT, FOR THE STATE OF KENTUCKY.
We the Representatives of the people of the State of KENTUCKY, in Convention Assembled, do ordain and establish this Constitution for its Government:
ARTICLE I.
SEC. 1. 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 another.
SEC. 2. No person or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances herein after expressly permitted.
SEC. 3. The Legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of Senate and house of Representatives.
SEC. 4. The Representatives shall be chosen annually, by the qualified electors of each county respectively on the first Tuesday in May; but the several elections may be continued for three days, if, in the opinion of the presiding officers, it shall be necessary, and no longer.
SEC. 5. No person shall be a Representative, who shall not have attained the age of twenty-four years, and have been a citizen and inhabitant of the State two years next preceding his election, and the last six months thereof an inhabitant of the county in which he may be chosen; unless he shall have been absent on the public business of the United States or of this State.
SEC. 6. Within two years after the first meeting of the General Assembly and within every subsequent term of four years, an enumeration of the free male inhabitants above Twenty-one years of age, shall be made, in such manner as may be directed by law. The number of Representatives shall at the several periods of making such enumeration be fixed by the Legislature, and apportioned among the several counties, according to the number of free male inhabitants above the age of twenty-one years in each, and shall never be less than forty nor greater than one hundred; but no county hereafter erected, shall be entitled to a separate representation, until a sufficient number of free male inhabitants above the age of twenty-one years shall be contained within it, to entitle them to one Representative agreeable to the ratio which shall then be established.
SEC. 7. The Senators shall be chosen for four years.
SEC. 8. Until the first enumeration be made, the Senate shall consist of eleven members, and thereafter for every four members added to the house of Representatives, one member shall be added to the Senate.
SEC. 9. In choosing the Senate, one member at least shall be elected from each county, until the number of counties is equal to the number of Senators: After which, when a new county is made, it shall, as to the choice of Senators, be considered as being a part of the county or counties from which it shall have been taken.
SEC. 10. The Senate shall be chosen in the following manner; all persons qualified to vote for Representatives, shall on the first Tuesday in May in the present year, and on the same day in every fourth year for ever thereafter, at the place appointed by law for choosing Representatives, elect by ballot, by a majority of votes, as many persons as they are intitled to have for Representatives for their respective counties, to be electors of the Senate.
SEC. 11. No person shall be chosen an elector, who shall not have resided in the State three years next before his election, and who shall not have attained the age of twenty-seven years.
SEC. 12. The electors of the Senate shall meet at such place as shall be appointed, for convening the Legislature, on the third Tuesday in May in the present year, and on the same day in every fourth year for ever thereafter; and they or a majority of them so met, shall proceed to elect by ballot as Senators, men of the most wisdom, experience and virtue, above twenty-seven years of age, who shall have been residents of the State above two whole years next preceding the election. If on the ballot two or more persons shall have an equal number of ballots in their favour, by which the choice shall not be determined by the first ballot, then the electors shall again ballot before they separate, in which they shall be confined to the persons who on the first ballot shall have had an equal number, and they who shall have the greatest number in their favour on the second ballot, shall be accordingly declared and returned duly elected; and if on the second ballot an equal number shall still be in favour of two or more persons, then the election shall be determined by
lot, between those who have equal numbers; which proceedings of the electors shall be certified under their hands, and returned to the Secretary for the time being; to whom shall also be made, by the proper officers, returns of the persons chosen as electors in the respective counties.
SEC. 13. The electors of Senators shall judge of the qualifications and elections of members of their own body; and on a contested election shall admit to a seat an elector, such qualified person as shall appear to them to have the greatest number of legal votes in his favour.
SEC. 14. The electors, immediately on their meeting and before they proceed to the electing of Senators, shall take an oath or make affirmation of fidelity to this State, and also an oath or affirmation to elect without favour, affection, partiality or prejudice, such person for Governor and such persons for Senators, as they in their judgment and conscience believe best qualified for the respective offices.
SEC. 15. That in case of refusal, death, resignation, disqualification or removal out of this State of any Senator, the Senate shall immediately thereupon or at their next meeting thereafter, elect by ballot, in the same manner as the electors are herein directed to choose Senators, another person in his place, for the residue of the said term of four years.
SEC. 16. The general Assembly shall meet on the first Monday in November in every year, till the time of their meeting shall be altered by the Legislature, unless sooner convened by the Governor.
SEC. 17. Each house shall choose its speaker and other officers, and the Senate shall also choose a speaker pro tempore, when their speaker shall exercise the office of Governor.
SEC. 18. Each house shall judge of the qualifications of its members; contested elections shall be determined by a committee to be selected, formed and regulated, in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may be authorised by law to compel the attendance of absent members, in such manner and under such penalties as may be provided.
SEC. 19. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and with the concurrence of two thirds, expel a member; but not a second time for the same cause.
SEC. 20. Each house shall keep a Journal of its proceedings and publish them weekly, except such parts of them as may require secrecy, and the Yeas and Nays of the Members on any question, shall, at the desire of any two of them, be entered on the Journals.
SEC. 21. The doors of each house and of committees of the whole, shall be open unless when the business shall be such as ought to be kept secret.
SEC. 22. Neither house shall, without the consent of the other, adjourn for more than three days; nor to any other place than that in which the two houses shall be sitting.
SEC. 23. The members of the General Assembly, and the electors of the Senate, shall receive from the public treasury a compensation for their services, which for the present shall be Six Shillings a day during their attendance on, going to and returning from the Legislature, and the place for choosing the Senators; but the same may be increased or diminished by law, if circumstances shall require it; but no alteration shall be made to take effect during the existence of the Legislature which shall make such alteration: They shall in all cases except treason, felony, breach or surety of the peace, be privileged from arrest, during their attendance at the Session of the respective houses, and at the place for choosing Senators, and in going to, and returning from the same; And for any speech or debate in either house, they shall not be questioned in any other place.
SEC. 24. No Senator or Representative shall, during the time for which he shall have been elected, or for one year afterwards, be appointed to any civil office under this State, which shall have been created or the emoluments of which shall have been increased, during the time such Senator or Representative was in office; Provided that no member of the first Legislature which shall be assembled under this constitution, shall be precluded from being appointed to any office which may have been created, during his time of service in the said Legislature; and no Minister of religious societies, member of Congress or other person holding any office of profit under the United States or this Commonwealth, except Attorneys at Law, Justices of the Peace, Militia Officers and Coroners, shall be a member of either house, during his continuance to act as a Minister, in Congress or in office.
SEC. 25. When vacancies happen in the house of Representatives the speaker shall issue writs of election to fill such vacancies.
SEC. 26. All bills for raising Revenue shall originate in the house of Representatives, but the Se-
nate may propose amendments as in other bills.
SEC. 27. Each Senator, Representative and Sheriff, shall, before he be permitted to act as such, take an oath or make affirmation, that he hath not directly or indirectly, given or promised any bribe or treat to procure his election to the said office; and every person shall be disqualified from serving as a Senator, Representative or Sheriff, for the term for which he shall have been elected, who shall be convicted of having given or offered any bribe or treat, or canvassed for the said office.
SEC. 28. Every bill which shall have passed both houses, shall be presented to the Governor; if he approve, he shall sign it; but if he shall not approve, he shall return it with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journals and proceed to reconsider it; if after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be considered, and if approved by two thirds of that house, it shall be a law: But in such cases, the votes of both houses shall be determined by Yeas and Nays, and the names of the persons voting for or against the bill, shall be entered on the journals of each house respectively; if any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall be a law, unless sent back within three days after their next meeting.
SEC. 29. Every order, resolution or vote, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him; or, being disapproved, shall be re passed by two thirds of both houses, according to the rules and limitations prescribed in case of a bill.
ARTICLE II.
SECTION 1. The Supreme Executive power of this commonwealth shall be vested in a Governor.
SEC. 2. The Governor shall be chosen by the electors of the Senate, at the same time, at the same place, and in the same manner that they are herein directed to elect Senators, and the said electors shall make return of their proceedings in the choice of a Governor, to the Secretary for the time being.
SEC. 3. The Governor shall hold his office during four years from the first day of June next ensuing his election.
SEC. 4. He shall be at least thirty years of age, and have been a citizen and inhabitant of this State at least two years next before his election, unless he shall have been absent on the public business of the United States or of this State.
SEC. 5. No member of Congress or person holding any office under the United States, or this State, shall exercise the office of Governor.
SEC. 6. The Governor shall at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected.
SEC. 7. He shall be commander in chief of the army and navy of this commonwealth, and of the militia, except when they shall be called into the service of the United States.
SEC. 8. He shall nominate, and by and with the advice and consent of the Senate, appoint all officers, whose offices are established by this Constitution, or shall be established by law; and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county, who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.
SEC. 9. The Governor shall have power to fill up all vacancies, that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.
SEC. 10. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment; in cases of Treason, he shall have power to grant reprieves until the end of the next session of the General Assembly, in whom the power of pardoning shall be vested.
SEC. 11. He may require information in writing from the officers in the Executive department upon any subject relating to the duties of their respective offices.
SEC. 12. He shall from time to time give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he shall judge expedient.
SEC. 13. He may on extraordinary occasions convene the Assembly, and in case of disagreement be

between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper not exceeding four months.
Sec. 14. He shall take care that the laws be faithfully executed.
Sec. 15. In case of the death or resignation of the Governor, or of his removal from office, the speaker of the Senate shall exercise the office of Governor, until another shall be duly qualified.
Sec. 16. An Attorney General shall be appointed and commissioned during good behaviour; he shall appear for the Commonwealth in all criminal prosecutions, and in all civil cases, in which the Commonwealth shall be interested, in any of the superior courts; shall give his opinion when called upon for that purpose, by either branch of the Legislature or by the Executive, and shall perform such duties as shall be enjoined him by law.
Sec. 17. A Secretary shall be appointed and commissioned during the Governor's continuance in office, if he shall so long behave himself well; he shall keep a fair register of, and attest all the official acts and proceedings of the Governor, and shall when required, lay the same and all papers, minutes and vouchers relative thereto, before either branch of the Legislature, and shall perform such other duties as shall be enjoined him by law.
ARTICLE III.
Sec. 1. In election by the citizens, all free male citizens of the age of 21 years, having resided in the State two years, of the county in which they offer to vote one year next before the election, shall enjoy the rights of an elector, but no person shall be entitled to vote except in the county in which he shall actually reside at the time of the election.
Sec. 2. All elections shall be by ballot.
Sec. 3. Electors shall in cases except Treason, Felony and breach or surety of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.
ARTICLE IV.
Sec. 1. The house of Representatives shall have the sole power of impeaching.
Sec. 2. All impeachments shall be tried by the Senate: When sitting for that purpose, the Senators shall be upon oath or affirmation: No person shall be convicted without the concurrence of two thirds of the members present.
Sec. 3. The Governor and all other civil officers shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honour, trust or profit under this Commonwealth; but the party convicted shall nevertheless be liable and subject to indictment, trial and punishment according to law.
ARTICLE V.
Sec. 1. The judicial power of this Commonwealth, both as to matters of law and equity, shall be vested in one Supreme Court, which shall be called the Court of Appeals, and in such inferior courts as the Legislature may from time to time ordain and establish.
Sec. 2. 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. They shall at stated times receive for their services an adequate compensation to be fixed by law, which shall not be diminished during their continuance in office.
Sec. 3. The Supreme Court shall have original and final jurisdiction in all cases respecting the titles to land under the present land laws of Virginia, including those which may be depending in the present Supreme Court, for the district of Kentucky, at the time of establishing the said Supreme Court; and in all cases concerning contracts for land, prior to the establishing of those titles. And the said court shall have power to hear and determine the same in a summary way, and to direct the mode of bringing the same to a hearing, so as to enable them to do right and justice to the parties, with as little delay and at as small an expense as the nature of the business will allow; but the said court shall, in all such cases, oblige the parties to state the material parts of their complaint and defence in writing; and shall, on the conclusion of every cause, state on the records, the whole merits of the case, the questions arising therefrom, the opinions of the Court thereupon, and a summary of the reasons in support of those opinions.
Sec. 4. And it shall be the duty of each judge of the Supreme court, present at the hearing of any such cause, and differing from a majority of the court, to deliver his opinion in writing, to be entered as aforesaid; and each judge shall deliver his opinion in open court. And the said court shall have power, on the determination of any such case, to award the legal costs against either party, or to divide the same among the different parties, as to them shall seem just and right. And the said court shall have full power to take such steps as they may judge proper, to perpetuate testimony in all cases concerning such titles: Provided that a jury shall always be impaneled for the finding of such facts as are not agreed by the parties; unless the parties or their attorneys shall waive their right of trial by jury, and refer the matter of fact to the decision of the court: The Legislature may whenever they may judge it expedient, pass an act or acts to regulate the mode of proceedings in such cases, or to take away entirely the original jurisdiction hereby given to the said court in such cases.
Sec. 5. In all other cases the Supreme Court shall have appellate jurisdiction only, with such exceptions and under such regulations as the Legislature may from time to time vest in the Supreme and inferior
courts, or either of them, such powers both in law and equity, as they shall judge proper and necessary, for the due administration of justice.
Sec. 6. A competent number of justices of the peace shall be appointed in each county, they shall be commissioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of both houses of the legislature.
Sec. 7. The judges shall by virtue of their office be conservators of the peace throughout the State. The style of all process shall be, "The Commonwealth of Kentucky," all prosecutions shall be carried on in name and by the authority of the Commonwealth of Kentucky, and conclude, "against the peace and dignity of the same."
(To be continued.)
Foreign Advices.
By the Ship Friendship Captain William Smith, arrived at Baltimore, from Havre de Grace, we have the following fresh and interesting Intelligence, translated from the "Gazette Universelle," &c. printed at Paris: BERLIN, May 5.
MILITARY preparations are in the greatest forwardness. The regiments destined for the expedition against France, have received orders to hold themselves in readiness: They will march from hence in fifteen days. A report is current that the King and Prince Royal will lead them.
Linz, May 5. They write from Prague, that a body of 16 000 men are on their march for Anterior-Austria, another of 18,000 are put on the war-establishment, and are immediately to follow the first. General Lilien accompanies a third column, which will consist of 6,000 Croats.
Prussia, on her part, furnishes 50 000 men; the first division of them marches from Magdebourg and Halberstadt.
Although the war has been declared only against the House of Austria, it appears that several other powers will take a part in it. The Circles of the Empire have received orders to arm, and the greatest part appear disposed to obey.
All the Emigrants who were in Suabia, have quit that Circle, to assemble at Treves and Coblenz, where they are to be formed into different corps of cavalry—They have actually assumed the title of Dragon-Knights of the Crown.
Letters from Berlin confirm the report that his Prussian Majesty has resolved to march in person against the French, and will take with him two of his sons and his nephew. It is possible that his coming in person , to Frankfort, at the time of the coronation, and having had an interview with the new Emperor, has determined him to make the campaign. He is led to it by his natural taste, and the ill state of his health can only prevent him.
May 12. The war with France has considerably lowered our public funds. The bills of our bank which carry 4 per cent. and 2 per cent. premium, are now sold at par, and other public bills have sunk 2 per cent below.
May 14. On the 12th instant, the Queen was delivered of a dead child. After this accident we find another loss. The Empress Dowager, mother of his Majesty the King of Hungary, whom the death of her husband had plunged into a state of languor, has sunk under her long anguish, and departed this life on the 12th instant.
Extract of a letter from Lille, dated May 17.
Twenty-four witnesses against the authors of the abominable massacres of the 29th of April, have departed yesterday for Douay. One of the assassins of M. Dillon, was to be tried this day; he is a tailor, of Notre-Dame Street, Paris, and was one of the National Guard.
Brussels, May 18. The Government of the Low-Countries has ordered the following account of the affair at Bavey to be published:
"His Royal Highness, having received advice that a body of French Troops, composed of Hussars, Chasseurs, and Infantry of the Line, had assembled at Bavey, formed dispositions to surprise them, for which purpose, on the night of the 16th instant, a sufficient body of his Majesty's troops, under the command of Colonels Baron de Sukendonk, Filcher, Pfortzheim, and Count de Gentrueil, was detached. This detachment arrived before Bavey at daybreak; the French Hussars immediately fled through the gates on the other side of the town; the Infantry made some resistance; but our troops, after some shot being fired, forced their way into the town, when the white flag was hoisted, and the remainder of the garrison, consisting of four officers, 108 non-commissioned officers and privates of the regiment Vintimille and the Chasseurs of Geyaudan, were made prisoners of war. It is not yet known what number of the French were killed in this affair; the loss on our side amounts to only one Hussar and a Chasseur killed, and four Chasseurs wounded."
May 25. The following letter, hath been published here, by order of this Government, in a Gazette Extraordinary:
Extract of a letter from Head Quarters, at Mons, dated May 22.
"The corps detached from the army of M. de la Fayette, and commanded by M. de Gouvion, having left the position which they occupied for some time past, near the left bank of the Meuse, to occupy the Florence side, General Sztary, who was posted in the environs of Charleroy, formed the project of attacking them with 25 companies of infantry and chas-
seurs, and 4 squadrons of light dragoons; which was executed, on the morning of the 23d inst. with such resolution and bravery that, notwithstanding the advantageous situation of the enemy, supported by a heavy fire of artillery, in a post covered with wood and deep ravines, they succeeded not only in dislodging them and taking possession of their camp, part of which became the prey of the conquerors, but even pushed them to the fortress of Philipville, and took three pieces of cannon and the carriage of a fourth.
"The defeat of the enemy, most probably, would have been more complete, but for the vicinity of the place above mentioned, under the cannon of which they could rally, and which obliged General Sztary to stop the pursuit: He was obliged, in consequence, to remain some time on the ground occupied by the troops at the conclusion of the battle; and having picked up all the wounded, the cannon, and other spoils of the enemy, and refreshed his troops, he marched, with drums beating, to take possession of the post which he occupied before the engagement, without being followed, but a respectful distance, by the enemy, of whom only a few cavalry advanced towards their former camp.
"The loss we have sustained amounts but to 8 or 9 killed and 20 wounded—that of the enemy amounts to near 200 killed among whom is a Colonel Maubourg and a Chevalier of St. Louis, whose name we know not."
Extract of a letter from Tourney, dated May 23.
"On the 18th of this month, 200 French dragoons appeared at the entrance of Reume (the first Austrian village on the side of Orchies) 50 of our Tyroleans fired on and killed five of them and one horse, when the French retired.
"On the morning of the 19th, the French again appeared, in great numbers. General Latour, informed of their approach, marched out 250 men, before whom they retired.
"While the enemy's detachment was before Reume, another arrived at the village of Bleharjes, which belongs to us, where there was a smart action. A peasant informs, that a great number was killed on both sides, and that our troops had, in repulsing the enemy, penetrated as far as the French village of Rumignies. The clerk of this village having attempted to ring an alarm, a cannon was fired against the steeples, and the church has been thrown down, as was also the parsonage-house, which was plundered. Our dragoons, drank the wine of the constitutional curate, and one of them brought with him three horses, which he had taken."
Paris, May 22. The Generals Rochambeau, Luckner, and Fayette on the 19th, inst. were to decide in a conference held at Valenciennes, the plan of the ulterior campaign, whether the war should be offensive or defensive. Their determination is to be kept secret—so that no apprehensions can be entertained of the enemy's being pre-informed of our operations.
The Baron de Coltz, Minister of Prussia, does not leave this city before Thursday; M. de Blumendoff, Charge d'Affaires of the King of Hungary, and M. Novikoff, Charge d'Affaires of the Empress of Russia, depart the same day. These three Ministers go to Brussels.
MAY 30.
Extract of a letter from Philipville, dated May 23.
"On the 22d inst. M. Gouvion, who commanded the advanced guard, consisting of 4000 men, left his position near Boavines, and encamped between St. Aubin and Emptine. The enemy, (who in all likelihood had projected a plan to surprise him in the first position, attempted, with a body of from 8000 to 10 000 men, and a considerable train of artillery, twelve-pounders, to surround him in this) marched in five columns, forming the centre and left, by the road called F. de-a-l'Eau; a third marching through the wood of Liorence, had turned to the right, and by this movement surrounded our camp, which was attacked in all quarters before 2 o'clock in the morning. The action was warm, and lasted till 9 o'clock, when our troops, inferior in number and artillery, retreated, in the best order, a quarter of a league from the camp. The greatest coolness and bravery, was as apparent as if they were at exercise. Our loss is not considerable; it is estimated at 10 killed and from 60 to 80 wounded—that of the enemy, we are assured, is greater, though they remained masters of the field, which they abandoned before 12 o'clock. The peasants inform, that the enemy passed through the villages of Marianne, Gerpine, &c. with 38 carriages loaded with wounded. It is said, General Fayette is at hand, with a considerable corps; and there is no doubt but that he will make dispositions to dislodge the enemy from Charleroy; who being masters of the Sombre, keep our left uncovered, and cut off our communication with Mauberge."
P. S. At the moment that I close this letter, General Fayette has arrived, with a considerable body—12 companies of Grenadiers, 3 regiments of Dragoons, 1 of cavalry, and 1 of Hussars, are now in this town."
UNITED STATES.
PHILADELPHIA, August 4.
French papers to the 6th of June, by Capt. Harding, state—That through the exertions of General C. Lameth, order and discipline were likely to be soon restored in the French army; and 12 of the guilty of the regiment of Colonel General concerned in the affair of Mons, were already selected for trial. That the joy of the Emigrants at Coblenz on the success of the Austrians was excessive, they were for marching immediately to the frontiers, persuaded that every city would open its gates to receive them; it appears they checked their ardour by a little timely reflection.

The National Assembly have declared that the grant of one million a year to each of the king's brothers be suppressed; their creditors to apply to the National Treasury. A small affair has happened at Baye; a body of Austrians of 2300 men and 6 pieces of cannon attacked the place on the 17th May; the French garrison of 80 men shewed much courage, and killed and wounded some of the enemy, but deviating from the orders given by M. Rochambeau, they were made prisoners of war; the Austrians kept possession of the town only 2 hours, they then left it, carrying the arms but without plundering it, which the soldiers were very desirous of doing, but were restrained by their officers; the place would probably have been immediately retaken, as a large detachment of the French army was put in motion for that purpose. Warlike preparations are carried on with great vigour in Berlin, but doubts appear to be entertained by the Court of Vienna, as to the honesty of the Court of Prussia. The declaration of war has produced very different sensations at the Hague; the patriots in the seven provinces are said to be all in favour of the French; the Stadtholder, on the contrary, appears desirous to take part in the war against France, but the States will never consent to it.
No engagement of importance had taken place in May. In such skirmishes as had occurred, the French troops shewed discipline and courage. Some time since an account was published of the defeat of a detachment of M. la Fayette's army, under M. Gauvain, of the foraging party, by an inferior force. That account is far from the truth.
It appears that M. Gauvain was attacked by a superior force but managed a retreat with great skill and success, having, notwithstanding the opposition he experienced, attained the object of his expedition with little or no loss.
P I T T S B U R G, July 21.
Extract of a letter from Capt. Paul, of the State Levies, dated Middle Block House (on the frontiers of Washington County) July 16, 1792, to Major M'Culloch.
The Indians on Tuesday last killed two men and one woman, and stole seven horses between the Bates of Grave creek and Col. Shepherd's, in Ohio county, Virginia. Lieut. Gray and 14 of my men followed them over the Ohio, as far as the head of Sunfish, but the Indians being on horseback they returned without coming up with them. On Saturday last, at Dilly's station, opposite the mouth of Grave creek, the Indians came into one of the houses, killed four and wounded one—the number of Indians was supposed to be twenty. It is thought they will strike this quarter—To-morrow morning I expect to start with a party to try to fall in with them.
B A L T I M O R E, August 4.
A gentleman of veracity, who arrived in town late last evening, from Fort-Pitt, has furnished us with the following melancholy intelligence:—That on Sunday last a faithful Indian that served under Gen. St. Clair, and was taken on the 4th of November last, had arrived there—who informed, that all the Commissioners (Major Truman, of this state, Col. Hardin, of Kentucky, and others) sent out to invite the Indians to treaty, were massacred by them;—that a sergeant and 12 men, employed in making hay, in the neighbourhood of Fort-Jefferson, were all cut off;—and that a light horsemen, who were with them, barely escaped into the fort.
A L E X A N D R I A, August 9.
On Tuesday last William Jefferson, an Apprentice to Mr. William Norris, Carriage Maker, in this town, having gone down into an old well, about 35 feet deep in order to fasten a rope to the shutter, which had fallen into it, and having done so, was about to ascend. At this moment he was seen to strike his foot against a projecting stone, with a view, as it is supposed, to make room for the passage of the shutter. The stone fell down, others followed, and in an instant the whole well tumbled in and buried him in the ruins!
M A R T I N S B U R G, August 13.
It is said in the European papers, that the Spanish troops on the frontiers of Spain are deserting every day by hundreds—The King of the French has settled the indemnities due to the Princes, landholders in Alsace—He has also granted an unlimited leave of absence to M. Rochambeau—The Swedish and French ministers plenipotentiary were both received in form at the British court the 2d May, and delivered their credentials—That good order is restored perfectly in the French army—That accounts from Marseilles are unpleasant—Savoy is said to be in a state of fermentation—The King of Sardinia has sent a large body of troops into the country; he says he prefers seeing the country in flames to seeing it in a state of insurrection—Court Martial are ordered for the trial of those dragoons of the 5th and 6th regiments who cried out treason in the late actions—The new ministry of France are making a thorough clearance of all the persons employed in all the departments of state, and appointing others in their stead—Great suspicions prevail, both in Paris and in the army, that the enemies of the revolution have introduced their creatures into the court and into the army—that from these the late misfortunes originated—and that it is in vain to expect success till all traitors are properly disposed of.
By accounts from Kentucky, we are informed, that about the 1st of last month a party of Indians appeared near Frankfort, and took a great number of
horses and negroes. Col. McDowell with 300 men pursued them to the Ohio; but not falling in with them he crossed the river, leaving 100 men to take care of his horses; after marching about 12 or 15 miles, he overtook a large party, when a severe engagement ensued, but being over-powered by numbers, was obliged to retreat. He sent for the men left behind, and came up with the Indians the next day, and after engaging some time, obliged them to make a precipitate retreat. Col. McDowell took six Indian warriors, two Englishmen and a Frenchman from Detroit, and all the negroes and horses.
On Thursday last that finish'd villain, the noted Jocky Young, was committed to Winchester gaol.—A reward of fifty pounds was lately offered for apprehending him.
Yesterday morning a gentleman passed through this town from Kentucky:—He left the Crab Orchards the 24th ult. but affords us nothing new or interesting—the Indians in that quarter being remarkably quiet and peaceable.
Extract of a letter from an officer of the second regiment, dated Marietta, June 24.
"Contrary to every expectation, we have received no disturbance from the Indians this spring except in one or two instances; and in these, our exertions have been such as to leave a good impression of our strength. They are now employed in a grand talk at the Scioto river, for the purpose of regulating their future proceedings. We are told from Head Quarters that this extraordinary council consists of 4000 members!—a tribunal which may not improperly be styled the Indian Areopagus. Two flags have been despatched by General Wilkinson to sound their disposition, at whose return we shall be better enabled to augur peace or war."
"Married in this town, on Thursday evening last, by the Rev. Mr. Young, Mr. Daniel Buckius, clock maker, to the amiable Miss Polly Diehl, daughter of Mr. Peter Diehl."
This Paper will in future be published on Mondays.
WOODVILLE, 10th August, 1792.
Mr. WILLIS,
I OBSERVE in your paper of 7th instant, a publication signed FARMER. I shall take some notice of it, as it appears to be wrote by Mr. Rutherford, or for Mr. Rutherford, by a person who has an intimate fellow-feeling with him. Throughout the performance an extreme anxiety to see an end to my delegation in Congress, is apparent. I am even called your late Representative, and my right to serve the ensuing session is mentioned as an evil that cannot be prevented—and although the writer advises my fellow-citizens not to continue me in Congress, he thinks I stand fair for a Seat on the Bench of Judges—a much more difficult and more important charge. Now I ask, Can any man be guilty of such inconsistencies, whose mind is not absorbed in the idea of obtaining an office, which to him is in a high degree a desirable object? But Mr. Farmer does not confine himself to general principles; he has brought forward a base unfounded insinuation, that at the commencement of the dispute with Great-Britain, I was averse to the measures of the country. Had your paper circulated only among my constituents, I should have passed this over in silent contempt, because the repeated instances of their conferring on me, in Peace and in War, the most important offices in their power to grant, is a convincing proof that I have never been considered, either as deficient in the knowledge of, or unfriendly to, the rights and liberties of the American People, nor is there any danger of a change of opinion among them, in consequence of newspaper scribbling for electioneering purposes—but this is meant for more extensive objects—it is calculated to render my character suspicious, and consequently my services less useful, in that important Assembly, of which I am a Member—I therefore hope I may be excused for saying a few words with regard to myself.—When the measures which were the immediate cause of the rupture between Great-Britain and America were made known in this place, I was among the first to propose meetings of the People to consider of the proper measures to obtain redress—to explain to them the nature and extent of their rights, and the fatal consequences of the measures pursued by the British Government—but I avoid a detail, and think without ostentation I may say, I was not excelled by any one of my fellow-citizens, in the time and money devoted to those purposes, as long as such measures were carried on by the spontaneous exertions of the People. When the Government was organized, I accepted and executed faithfully, such offices, and such only, as were conferred on me unsolicited—and I believe I never was without some one or more of greater or less consequence. I should think myself degraded by the necessity of mentioning this matter, had not Mr. Farmer treated the Assembly with as little delicacy as he has done me, in the following words—"Who then reprobated in your Legislature all attempts to enter into dishonourable negotiations with the common enemy, &c. &c. Let us confess the truth, that Robert Rutherford was the man." Does not this imply that such negotiations were the subject of tolemn debate in the Assembly of Virginia! Let Mr. Rutherford point out the time, or suffer his Amanuensis to remain convicted of a gross calumny on his country. But Mr. Farmer cannot even permit my professional character to pass unattacked.—He says, "to acquire a competent knowledge of the knavish calumnies of the Bar, has engrossed my attention from my youth up." Whatever my study may have been, Mr. Farmer cannot produce more than one instance (and I am not convinced that that comes up to the point) of my reducing those knavish princi-
ples to practice—I mean the delaying the recovery of just debts, by carrying suits for that purpose through the usual rules of Court—if this is knavish, Mr. Rutherford can witness I have been often guilty—and as I have not always been paid for such services in this world, should I happen to be punished for them in the next, my case will be hard indeed!
Mr. Farmer says, that by the assumption of the State Debts, Virginia has lost near a million of money, and that I could have prevented it.—To which I answer—that the assertion is totally unfounded—that Mr. Rutherford with all his knowledge of the affairs of this State and of the Union, cannot produce documents to give it the semblance of truth.—On the contrary, more than one third of the interest of the State Debts is done away, and the remainder thrown into a channel which puts it out of the power of sheriffs to visit and distress the people—the great reduction of taxes, at the same time that ample provision is made for all the exigencies of Government, confirms this assertion. I could not have prevented the passage of the act, the majority was such that my vote would not have affected the question in any stage of the business. I mention this only to thew the little attention Mr. Farmer pays to truth.—I am willing to give further explanations on this and all other subjects to every candid inquirer—but I make no apology—least of all that which Mr. Farmer makes for me, because the Journals of Congress would testify against me.—The Northern Members never consented that the Seat of Government should be on the Potomac—not a member voted for that bill whose local interest did not lead him to do so; and several of the Southern Members, those too, who were most solicitous to obtain the assumption, voted against it. I agree that the Federal City is situated where it ought to be—but if you will take the trouble to calculate the proportion between the inhabitants North and East of the Potomac, and those South and West of it, you will find the question will not appear so self evident as Mr. Farmer supposes. In fact it required unremitting attention and great Legislative abilities to carry that measure, and I do not hesitate to say, that the Virginia delegation deserved the grateful thanks of their country for their exertions on the occasion.
It is said, "that if what Mr. Rutherford has stated in his address to the people be true, it is not assuming arrogance in him to ask you to confer the greatest honor on him in your power to give." I am far from wishing to degrade any man's character in order to support my own, but really to take Mr. Rutherford's services as he himself states them, it is ludicrous to suppose they raise him above the common class of his fellow citizens. What do they amount to? Simply this—that he was 25 years a Member of the Assembly, and in that period he drew one bill, and was appointed of one committee. Had the laws of his country, or the pressing instances of the people compelled him to this service something might have been said, but it is well known a seat in the Legislature was a desirable object with him, and that he obtained it in the same manner he is now endeavouring to obtain a seat in Congress; by unremitting solicitations, while at the same time he declined every office to which there were no emoluments annexed. Where then is the man, capable of public business, whose services do not equal Mr. Rutherford's?
Mr. Rutherford, in his address to the people, assigns the increased representation from Virginia as the reason of his offering, which induced many to conclude, that Mr. Rutherford and I might both be chosen: Of this, however, there is no probability. Others have supposed that I declined, believing that Mr. Rutherford, who had long professed a friendship for me, would not oppose me: These are likewise deceived—he does oppose, and I do not decline.—It is an office which I originally accepted with reluctance—I accepted because no other man who was friendly to the Government, could at that critical period be prevailed on to accept; but after the Government was organized, and provision made for its support, and for payment of the interest of the Foreign and Domestic Debts (including the assumed Debt) in the discussion of which subjects the political principles and the political knowledge of the Members were fully exerted and displayed—I say, after this important period, I was re-elected with an alacrity and unanimity, which convinced me that I had received the most pleasing of all rewards, the approbation of my fellow citizens. I then declined all thoughts of private business, and disposed my mind to serve my country in the public line, as long as they should think proper to employ me. I will not dwell on this subject, but only observe to my fellow-citizens, that if it was proper to choose me in the first instance, it is more proper now, because experience has rendered me more capable of serving you. It is true, you are now solicited by other Gentlemen, but will solicitation change your votes? It proves that the office is convenient for the candidate, but by no means that the candidate is capable of the office. I do not charge my opponents with incapacity, but they were both eligible when I was chosen—if they are entitled to a preference now, they were in a greater degree then—had you then given the preference to either of them, I should not have been injured—I should have remained in that eligible situation in which I was perfectly content, and to which you cannot restore me.—But I will detain you no longer than to beg pardon for this intrusion; had I been permitted to enjoy that peace, which I permit to all the world, you would not have been troubled with any observations on this occasion, by
ALEXANDER WHITE.

SEAT OF THE MUSES.
ON THE PARTING OF A YOUNG LADY.
THE dreaded day is now arriv'd, Monimia takes her flight, Her mourning friends are now depriv'd Of pleasure and delight.
Fain could the Muse her virtues paint, But ah! how vain the thought; Fancy supply where words are faint, By admiration taught.
Farewell! farewell! Monimia fair, Your loss I e'er shall mourn; Castalia weeps with sad despair, You've left him quite forlorn.
In you he deem'd each friendly part; His thoughts on you were bent, And while he press'd you to his heart, Felt pleasure and content.
But now despair has seiz'd his mind, And horror fills his breast, Least his Monimia proves unkind, And thus destroy his rest.
How will Castalia mourn each night, When Monimia's away; Nor joy, or pleasure, shall delight, Or follies of the gay.
J. H.
BERKELEY COUNTY: to wit, NOTICE is hereby given, that a Petition will be presented to the next General Assembly, praying that a law may pass changing the quarterly term of the County Court of Berkeley, from the third Tuesday in June, till the third Tuesday in May, in each year, it being the time on which the said quarterly term was formerly held, the late change being found very inconvenient to the people of the County.
By order of the Court. Tosfe, MOSES HUNTER, c. c.
TO BE SOLD. A tract of very good unimproved Land, Containing 283 acres, known by the name of the Silver mines, lying on the river Potomac, Berkeley County, Virginia, situated one and half miles above the mouth of Buck Creek. This land is as well timbered as any lying between it and the Alleghany, the situation of which, being so near the Potomac, the timber may be rafted down the river at a very small expence—it has two never-failing springs, and good meadows may be made on it. For terms, apply to the subscriber, who will give an indisputable title. DAVID WOLGAMOTT.
August 6, 1792. N. B. The above described land abounds with Iron ore of an excellent quality.
TO BE SOLD. In the County of Berkeley, on Opechee Creek, within two miles of Martinsburg, VIRGINIA, and on the most direct road to Shepherd's Town,
A MERCHANT MILL, With two pair of Stones, one of which are French Burrs, equal to any in the State, the Mill House very spacious, and every thing very convenient for business, the flour can be freighted from the mill door down the river, which makes it much more convenient than any mill on that Creek, with 70 acres of good limestone land, 30 of which are clear and under good fence, a young orchard, with a commodious House, and a never-failing Spring. This Mill is situated in a fine wheat country, and contiguous to Baltimore and Alexandria markets.—By paying half the purchase money down a reasonable credit will be given for the other half.
Application to be made to the Subscriber, living on the premises. IGNATIUS OFERRALL. August 6, 1792. 1 f.
ALEXANDRIA, August 6, 1792. I WILL store FLOUR any length of time, for six pence per Barrel, and in case I buy it no storage will be charged.
I have Lands in Kentucky, which I will exchange for Lands in Hampshire, Frederick, Berkeley, Loudon, Fairfax, or Prince-William Counties. R. T. HOOE. 6w.
WHEREAS a certain John Car- mack, formerly of Maryland, but now of Hampshire , in Virginia, did heretofore sell 250 acres of land to a certain Charles Dorsey, of the State of Maryland, and on the 24th day of October, 1772, executed his Bond to the said Charles Dorsey, conditioned for the conveyance of the said 250 acres of land in fee simple—And whereas the said Charles Dorsey, having paid the whole purchase money, hath lately become insolvent—Notice is therefore given, that the Subscriber, on behalf of the creditors of the said Charles Dorsey, will file a bill in the High Court of Chancery of the State of Maryland, on the 8th day of October next, to obtain an immediate decree for the specific conveyance of the said land, mentioned in the condition of the said Bond above referred to, according to the true intent and meaning thereof.
THOMAS GASSAWAY, Trustee of Charles Dorsey. Maryland, July 26, 1792.
The several Printers in this State are requested to insert the above Advertisement in their several Papers until the 8th day of October next, and the expense will be paid upon application at this Office. Printing-Office, Alexandria, Aug. 2, 1792.
Notice.
THE subscriber, being determined to make an immediate settlement with all those to whom he is indebted, calls on all Persons who are indebted to him by bond or note, to make payment:—those with whom he has open accounts, he particularly requests would come and settle the same, by paying what is due from them, or give their notes. For the convenience of those who have not money, he will take wheat, rye, or oats, in discharge of their accounts, at the highest market price. A compliance with this reasonable request, will very much oblige their humble servant, DAVID WOLGAMOTT. JULY 16, 1792. 1 f.
L A N D S. F O R S A L E, A Plantation,
Lying within three Miles of Shepherd's Town, handsomely situated on the road to Kepptryn Furnace, containing 300 acres of land, near 150 acres of which are cleared, and in good order, ten acres of meadow made, and as much more may be made and watered; has a good apple orchard, with every necessary and convenient building; a good limestone spring; the lands not cleared are level and well timbered. Terms may be known by applying to the subscriber, living on the premises. WILLIAM LUCAS. July 25, 1792. 6w.
20 Dollars reward.
RAN away from the Subscriber, living six miles from Harper's Ferry, Berkeley County, Virginia, on the 24th inst. a negro Man named PETER, about 24 years of age, of a yellow complexion, handsome featured, about 5 feet 10 or 11 inches high, has had the small pox, but not very perceptible; he has a small scar near the middle of his forehead, speaks good English, and it is supposed will endeavour to pass for a freeman:—he had on when he went away or took with him, a blue soldier's coat, faced with red, a nankeen waistcoat and breeches, three shirts, two of which almost new, hemp chain and tow filling, six hundred; two pair of hempton trowsers, almost new; and a pair of shoes worn but a few weeks;—as he is a cunning, artful fellow, it is supposed he will change his dress. Whoever will apprehend the said runaway, if taken 50 miles from home, shall have the above reward, and in proportion for a lesser distance. THOMAS HART, senior, July 30, 1792.
TO BE SOLD, A VALUABLE PLANTATION,
Adjoining Stroud's, Stephen's, and Burns's land, lying within six miles of Martinsburg, containing 410 acres, 100 of which is now under tillage, a good meadow, two streams of water running through it, one of which suitable for a saw-mill; it has also a number of excellent springs; the land is under tolerable good fence, has a good apple and peach orchard, square log house, barn, and other convenient out houses. For terms, apply to the owner, living on the premises. SAMUEL WATSON. July 30, 1792.
CAME to my Plantation, the first instant, a black COW, with both ears crop'd, has some white in her forehead. The owner is desired to come, prove his property, pay charges, and take her away. JOHN EVANS, jun. July 30, 1792.
LANDS FOR LANDS.
TO BE DISPOSED OF,
FOUR Hundred Acres of Land, (called Mahon's) lying on Buffalo-creek, Monongalia County, upon which there are upwards of 40 acres of the best meadow, a good mill seat and spring, and the land equal to any on the Western waters.
Three Hundred and eighty four acres adjoining, below, on same creek, a large proportion of meadow, and a good spring, the upland equal, which is held by settlement-right, and a general warrantee will be given.
One Thousand Acres on the Dunkard-mill run, a branch of said creek, held by preemption-right, of equal quality to the above, and the same warrantee will be given, all lying from 14 to 25 miles from Morgan-Town, and from 3 to 11 miles from Monongalia river—the State road from Morgan-Town to the little Kenhawa passes near or through the said land.
One Thousand Acres on Binger-mill's creek, held by preemption-right, a great proportion of meadow, and well watered, which lies in the same county, the upland of good quality, about 10 miles farther from Morgan-Town.
One thousand acres on the little Kenhawa, about 14 miles from the mouth of said river, held by an old location on treasury-warrant, the land also very rich.
Any property in the counties of Berkeley or Frederick, negroes, or good bonds, will be taken in payment.
DAVID GRAY.
Berkeley, April 25, 1792. 12m.
Richard Barnhouse, Has opened TAVERN, at the Sign of the STAR, in CHARLES-TOWN.
BEGS leave to inform the Public in general, that he has furnished himself with a general assortment of good Liquors—he is also provided with good stableage, Hay, Oats, and Corn, with every other accommodation fit for travellers and others that please to call on him.—He also has liquors of all sorts to sell by the gallon, quart, or pint, as reasonable as any other person in said town. JULY 23, 1792.
To be rented, and possession given immediately, A SMALL DISTILL HOUSE, Situated in Martinsburg, near the Bridge. It has a never-failing spring in it, and many other advantages of water, &c. Apply to the Printer hereof. July 23, 1792.
HARP and CROWN TAVERN.
THE Subscriber, with gratitude returns thanks to his friends and the public, for the favor and patronage they have been kind enough to confer on him, since his commencement at this house—he flatters himself, from the unwearied attention to please, together with the satisfaction of being provided with the choicest of Liquors, and every other necessary this part of the country can afford, will induce a continuance of the same.—He expects from the room, neatness of the house the tolerable share of furniture, and good beds, which he is every day adding to, will render it satisfactory to receive more company.—He has also a stock of excellent hay and oats. FLORENCE MAHONY. Martinsburg July 3, 1792. 1 f.
To be sold, for ready money, On the first day of the Court to be holden for Hardy county, in August next, at the Court-House in Morefield, by virtue of a decree of said Court, A House and Two Lots of Land, situate in the town of Morefield, the property of William Hackney, to satisfy a debt due from him to Joseph Tidball. The sale to begin at twelve o'clock.
JOB WELTON, S. H. C. July 23, 1792.
Wanted, by the Printer hereof, a stout young Lad, as an Apprentice.