Resurrecting the First American West

The Farmer's Library or OHIO INTELLIGENCER. LOUISVILLE, (FALLS OF OHIO) PRINTED BY SAMUEL VAIL. VOL. II. THURSDAY, MAY 6, 1802. NO. LXIX. [Published by Authority] - SEVENTH CONGRESS of the UNITED STATES, at the first session, Begun and held at the city of Wafhing ton. in the Territory of Columbia, on Monday, the Seventh of December, One Thoufand Eight Hundred and One. - AN ACT to amend an act, entitled "An act to lay and collect a direct tax within the United States." BE it enacted by the Senate & Houfe of Reprefentatives of the United States of America, in congrefs affembled, that the collectors in each diftrict fhall prepare and tranfmit to their refpective fupervifors, current lifts of all lands within their refpective collection diftricts, which by the act paffed the 14th day of July, and one thoufand feven hundred and ninety eight, intiroled "An act to lay & collect a direct tax whithin the United States, " they now are or hereafter fhall be authorifed to advertife for fale, fpecifying therein, the perfons in whofe names the affeffments were originally made, & the fums doe therein refpectively; of which lifts it fhall be the duty of the fupervifor, in all cafes, to caufe forrect tranfcripts to be made out, and to caufe to be inferted for five weeks fueceffively, in one or more newfpapers pulifhed within his diftrict, one of which fhall be the gazette in which are publifhed by authority, the laws of the ftate within whofe limits the fsid dfstrict may be comprized, if there by any fuch gazette, a notification, that fuch tranfcripts are lodged at his office, and are open to the free infpection of all parties concerned; and alfo notifying, that the tax doe upon the faid lands may be paid to the collector within whofe divifion the aforelaid lands are contained, of the fupervifor of the diftrict, at any time within the fpace of fix months from the date of fuch notification, and the time when, and places where fales will be made of all lands upon which any part of the direct tax fall remain due af§2. And be it further enacted, That in cafe of failure on the part of the owner or owners of the aforefaid lands net the expiration of the time aforefaid, to pay within the aforefaid time, the full amount of the tax due thereon, the collectors under the directions. & with approbation of their refpective fupervifors, fall immediately proceed to fell at public fale, at the times and places mentioned in the advertifement of the fupervifors, fo much of the lands aforefaid as may be fufficient to fatisfy the fame, together with all the cofts and charges of preparing lifts, advertifing and notifying as a forefaid, and of fales.

§3. And be it further enacted, That the aforefaid tax, including all cofts and charges as aforefaid, fhall be and remain a lieu upon all lands, and other real eftate on which the fame ho been afftfed until the tax due up n the fame, including the cofts and char ges, fhall have been cllected, or unto a fale fhall have been effected, according to the prorifions of this act or af the act to which this is a fupple ment. §4. And be it further enacted, That in all cafes wherein any tract of land may have been affeffed in one affeff ment, which, as the time when fuch affeffment was made, was actually divided into two or more diftinct parcels, each parcel having one or more distinct proprietory or proprietors, it fhall be the duty of the collector to receive in manner aforefaid, from any proprietory of proprietors thus fituated, his or their proportion of the tax due upon such tract, and thereupon, the the land of the proprietor proprietors, upon which the tax fhall have been thus paid, fhall he forever difcharged from any part of the tax due under the original affeffment. §5. And be it further enacted, That in any cafe in which it may have happened that lands actually belonging to one perfon, may have been, or hereafter fhall be affeffed in the name of another, and no fale of the fame fhall yet have been made, the fame proceedings fhall be had for the fale of the aforefaid lands, in order to raife the tax affeffed in relation to the fame, as is provided by the eleventh fection of the act to which this is a fupplement, in the cafe of lands affeffed, the owner whereof is unknown; and fuch fale fhall transfer and pafs to the purchafer, a good and effectual title. §6. And be it further enacted, That the right of redemption referved to the owners of lands and tenements fold under this act, or the act to which this is a fupplement, fhall in no wife. be affected or impaired; Provided always, that the owners of lands, which fhall thus be fold after the paffing of this act, in order to avail themfelves of that right, fhall make payment or render of payment, within two years from the time of fale, for the ufe of the purchafer, his heirs, or affigns, of the amount of the faid tax, cofts, and charges, with the intereft for the fame, at the rate of twenty five per cent. per annum. §7. And be it further enacted, That the fecretary of the treafury shall be and hereby is authorized and empowered, under the direction of the Prefident of the United States, to augment the compenfation fixed by law, for the commiffioner, or for the principal and affistant affeffors, or either of them in any divifion where it may be found neceffary for carrying into effect the act, entitled "an act to provide for the valuation of lands and dwellingplaces, and the enumeration of flaves within the United States," fo howev er, as that the commiffioner fhall in no cafe recieve more than five dollar per day, which additional corpera tion fhall be fubject to the fame rules of fettlement as are eftablifhed by the laft aforefaid. NATHANIEL MACON. Speaker of the Houfe of Reprefentatives. AARON BURR. Vice Prefident of the United States, & Prefident of the Senate. Approved, March 16, 1802 TH JEFFERSON, Prefident of the United States. - Congress of the United States. SENATE. Thursday Jan. 14, 1802. DEBATE an Afr. Breckenridge's motion to repeal the act paffed last feffon for a new organization of the JUDICIARY SYSTEM. [Mr. Morris, in continuation] In this increafe of numbers, with a ftill greater increafe of wealth, with the extenfion of our commerce and progrefs of the area, it was evident that although a great many tribunals would become neceffary, it was impoffable to determine either on the precife number or the moft convenient form. The convention did not pretend to this prefeience; but, had they poffeffed it, would it have been proper to have eftablifhed then all the tribunals neceffary for all future times? Would it have been wife to have planted courts among the Chickafaws, the Chocktaws, the Cherokees, the Tufcaroras, and God knows how many more, becaufe at fome future day the regions over which they roam might be cultivated by policed men? Was it not proper, wife and neceffary to leave in the difcretion of congrefs, the number and the kind of courts which they might find it proper to eftablifh for the purpofe defignated by the conflitution. this fimple flatement of facts, facts of public notoriety, is alone a fufficient comment on and explication of the word on which gentlemen have fo much relied. The convention in framing, the people in adopting this comapct, fay the judicial power fhall extend to many cafes, the original cognizance whereof fhall be by the interior courts; but it is neither neceffary, nor even poffible, now to determine their number or their form; that effential power therefore fhall veft in fuch inferior courts as the congrefs may from time to time, in the progreffion of time and according to the inditation of circumftances, eftablifh.- Nor provide, ordain, or determine, not eftablifh. Not a mere temporary provifion, but an eftablifhment. If after this it had faid in general terms, that judges fhould hold their offices during good behavior, could a doubt have exifted on the interpretation of this act, under all its attending circumftances, that the judges of the inferior covers were intended, as well as thofe of the Supreme court? But did the framers of the confitution flop there? Is there then nothing more? Did they refque on thefe pramnatieal niceties the fate of America? Did they sit here the moft important branch of our government? Little important, indeed, as to foreign danger; but infinitely valuable to out domeftic police and to our perfonal protection against the opprefion of the rulers. No. Left a doubt fhould be raifed, they have carefully connected the judges of both courts in the fame fentence; they have faid "the judges both of the fupreme and interior courts," thus coupling them inferperably together. You can cut the bands, but you can never untie them. With falutary caution they devifed this claufe, to arreft the everbearing tentper which they knew belonged to legiflative bodies. they do not fay the judges finply, but the judges of the fupreme and inferior courts fhall hold their offices during good behavior.- They fay therefore to the legiflature you may judge of the prepriery, the utility, the neceffity of organizing thefe courts; but when eftablifhed you have done your duty. Anticipating the courfe of paffion in future times they fay to the legiflature, you fhall not difgrace yourfelves by exhibiting the indecent fpectacle of judges eftablifhed by one legiflature removed by another. We will fave you alfo from yourfelves. We fay here judges fhall hold their offices: and furely, fir, to pretend that they can hold their office after the office is deftroyed is contemptible. The framers of this confliction had feen much, read much and deeply reflected. They knew by experience the violence of pupular bodies, and let it be remembered that fince that day many of the ftates, taught by experience, have found it neceffary to change their forms of government to avoid the effects of that violence.- The convention contemplated the very act you now attempt. They knew alfo the jealoufy and the power of the ftates; and they eftablifhed for your and for their protection, this moft important department. I beg gentlemen to hear and to remember what I fay. It is this department alone, and it is the independence alone of this department, which can face you from civil war. Yes, fir, adopt the language of gentlemen, fay with them, by the act to which you are urged, "if we cannot remove the judges we can destroy them." Eftablifh thus the dependence of the judiciary department. Who will refort to them for protection againft you? Who will confide in, who will be board by their decrees? Are we then to refort to the ultimate reafn of Kings! Are our arguments By from the mounts of our cannon?

Frome THE BEE--A Republican Paper printed at New London, Connecticut.

ON the 4th of March, 1802, the citizens affembled at Killingworth & commemorated the ever memorable 4th of March, 1801--a day worthy to be engraven on the heart of every American ; the day when our illuftrious patriot afcended the chair of ftate.

At 12_ o'clock a cannon was fired, after which the following toafts were drank, each being announced by the difcharge of a cannon, under the direction of capt. Noah Lefter.

1. The people of the United States, free and happy. May they be actuated by pure principles of patriotifm, and by their fuffrages proclaim to the world their independence.

2. The Prefident of the United States--the patriot, the hero and the ftatefman May he ever merit the approbation of his conftituents, and remain fhielded from the darts of calumniating ariftocrats.

3. The Vice Prefident of the United States. May he inflexibly remain the friend of republicanifm, and a dread to the diforganizing phalanx.

4. The memory of George Wafhington. May he never be forgotten, but held in facred remembrance by all.

5. The Congrefs of the U. States. May they continue energetically to contend for the rights of man, emancipate the citizens from all unneceffary burthens, & erect the tree of liberty over the afhes of departing tyranny.

6. The 4th of July '96. May it ever be venerated and held in perpetual remembrance by the fons of Columbia.

7. The 17th of February, 1801, that ever memorable epoch which evinced to the world the practicability of a republican government, and eftablished American freedom on the rock of independence.

8. The 4th of March 1801. Victory without arms ; the cloudlefs day which fecured to the citizens freedom of election, freedom of religion, freedom of fpeech and freedom of the prefs.

9. The militia well difciplined ; our only reliance in peace, and for the firft moments of war until regulars fhall relieve them.

10. A judiciary made for the benefit of the people, not the people made for the benefit of the judiciary.

11. The clergy. May they honor their profeffion, and not permit the facredotal garb to be ftained by a deviation therefrom.

12. Connecticut. May fhe once more affert her republican fentiments, and thereby evince that her recent errors ought to be imputed to the head and not to the heart.

13. Our navy. May it cruife in defence of our liberty, and prove the deftruction of tyrants and fea robbers.

14. The tree of liberty. May its branches extend over the whole earth and every perfon tafte of its fruits.

15. Ariftocracy. May it find no afylum in this land of liberty, but be driven into obfcurity by the fuffrages of the fons of freedom.

16. The kifs of Judas, the hypocrite's paint, and pharifee's prayer on the phiz of ariftocracy--May they no longer betray or delude.

After which the citizens retired to the houfe of Mr. Samuel Crane, where they partook of a fplendid and plentiful repaft, with the greateft hilarity, conviviality, decency and mirth.

I WISH to purchase a likely Negro Man. OBADIAH NEWMAN.

GIFT,

THE Thoroughbred Sorrel Horse late the property of Captain George Grey]] : Will ftand the ensuing Season at my Plantation on Bear-Grass, and will be let to Mares at the moderate price of Eour Dollars sent with each Mare, Five Dollars paid within the season, or Six Dollars, paid in produce by the twenty-fifth of December next.

PEDIGREE.

GIFT was got by young Mexican, his dam by Hart's imported Horse Medley ; his grand dam by the noted Horse Polyphemus ; his great grand dam by Paylor's Old Fearnought, out of the celebrated Mare Betty Blazilla ; fhe was got by the Duke of Devonfhire's Horse Blaze, out of Jenny Cammeron ; fhe was imported by the Hon. John Tayloe, and decended from as good a ftock as any in England.

Young Mexican was got by the imported horse Mexican, out of Young Ebony, who was got by Don Carlos, out of Young Selima ; his great grand dam was Mr. Brent's noted Mare Old Ebony, who was got by the noted Horse Othello, out of Col. Tascoe's imported Mare Selima, who was got by the Godolphin Arabian.

Don Carlos was got by Dove, imported by Doctor Hamilton of Maryland, out of Stella, a full fifter to Ebony.

Polyphemus was got by Yorrick ; his dam Young Selima, was got by the noted Horse Old Fearnought, out of Old Selima.

Yorrick was got by Morton's Old Traveller, out of Betty Blazilla.

Good pafturage gratis for Mares that are sent from a distance, but I will not be liable for accidents or escapes.

RICHARD TERRILL.

P. S. The following articles of produce will be received in payment, viz. Wheat delivered at any of the Merchant Mills on Goose-Creek or Bear Grass Hemp, Country Linen or Sugar at the market price.

R. T. March 4th 1802.

A REWARD of Four Dollars will be given to any one who will take up and deliver to the Subfcriber, at his Plantation about 6 miles from Louifville and near Shively's mill, a Bay Mare about 7 years old, 15 hands high --branded on the near fhoulder I. E. and fhod all round : Alfo, a Bay yearling Colt.

WILLIAM POPE.

[image of a horse being led by a man] BUONAPARTE,

A HIGH bred HUNTER, Eight years old, Seventeen hands high, of uncommon ftrength and activity ; Will ftand this Seafon at the Stable of JACOB AUGUSTUS, and will be let to cover Mares at Forty Shillings Cafh. Corn, Wheat, Pork, Salt, Country Sugar and Linen will be received in payment at their market prices, if delivered by the firft day of December next. But the fame may be difcharged by the payment of FIVE DOLLARS within the Seafon, which will end on the firft day of Auguft next -- Every attention will be paid, but I will not be liable for accidents.

BUONAPARTE was got by Colonel Burwell's imported Hunter Emperor ; his dam by Logan ; grand dam by the imported Ofcar ; great grand dam by the imported Mark Anthony ; great, great grand dam by Morton's Traveller. Logan was got by Colonel Zane's well known Hunter Ranger, on a Mare for which with a fucking [sucking] colt by her fide, Colonel Charles M. Thruften gave Major Thomas Maffie of Virginia. One Thoufand Dollars in Specie. I have in my poffeffion, well authenticated certificate of BUONAPARTE's pedigree, which, may be feen by any one on application.

JACOB AUGUSTUS. Feb. 25, 1802. 59tf.

FLAGEOLET.

A FINE Chesnut-Sorrel, Five years old next June, near 15 & a half hands high, exceeded by few Horses in the ftate for form, muscle and activity : Will ftand this Season, at my Stable in Jefferson County and will be let to Mares at Forty Shillings each. Wheat, Corn, Salt, Pork, Country Linen and Country Sugar will be received in payment at their Cafh prices, if delivered at my house by the 1ft of December next ; but the same may be discharged by the payment of five Dollars within the Season, which will end on the 10th day of July.

FLAGEOLET was got by Thilman's Lamplighter ; his dam by Handel ; grand dam by Cambden ; great grand dam by Spanking Roger ; great great grand dam by Old Jolly Roger.

Lamplighter was got by Hart's Old Medley ; his dam by Lonfdale, out of Colonel Braxton's imported Mare, Kitty Fifher -- Handel was got by Dandridge's Fearnought, out of Colonel Thornton's noted thorough bred Mare Old Willis--and to Cambden, Spanking Roger and Old Jolly Roger are traced the beft ftrains of running horfes now in Virginia.

I have now in my poffeffion Certificates which will fatisfy any gentleman that the above is a true pedigree. I am not to account for accidents.

SAMUEL WELLS. March 8th, 1802. 59-tf.

KENTUCKY. Jefferfon February Court of Quarter-Seffions, 1802. Thomas Carneal, Complainant, } against, Michael Lacaffagne's Executors & Devifees, Defendants } } In Chancery.

THE Defendant, Jenny Lacaffagne, not having entered her appearance herein agreeably to law and the rules of faid Court, and it appearing to the fatisfaction of the Court that fhe is not an inhabitant of this State : On the motion of the Complainant by his Counfel it is ordered, that fhe appear here on the tenth day o f the next May Term and anfwer the Complainants Bill, otherwife the fame will be taken as CONFESSED ; and it is further ordered, that a copy of this order be inferted eight weeks in the FARMER'S LIBRARY, or OHIO INTELLIGENCER fucceffively ; that another copy be read at Steele's Meeting Houfe in Louifville, on fome Sunday immediately after Divine fervice fhall have been performed ; and that another copy be pofted up on the front door of the Court-Houfe of this County.

A Copy, Teft,

WORDEN POPE, Cl'k, [61--8-w]

NOTICE,

THAT fome time laft winter, a G entleman who did not make his n ame known to me, left in my poffeffion a negro Boy about fixteen years old, named Simon. The gentleman informed me that the Boy was to be ufed as a witnefs againft the negroes who murdered the Davifes, upon the the Miffiffippi laft year, and would be called for in the courfe of a fhort time. No application having been made for the Boy, I am induced to believe that the lawful owner don't know where to find him. The Boy fays that he was purchafed in Baltimore by the faid Davifes ; and he may be had by the legal owner on application to me, about five or fix miles from Louifville, Jefferfon County, Kentucky.

JOHN EDWARDS. April 14th 1802. [66-tf

FOR SALE. The following Lots of Land in the ILLINOIS GRANT, Viz. No's.--48--105--132--166--217-- 242--365--For terms apply to WORDEN POPE. Louifville, Feb. 4th, 1801.

[image of a hand pointing right] INSINUATIONS having been made that injuftice has been done, in the Clerk's Office, to Frederick Bartlett Efquire, late Sheriff of Jefferfon County in Motions made, and Judgments and Executions obtained againft him : And there being no better way of repelling fuch vague and bafe flanders than by a demonftration of the contrary by the record, I requeft the Securities of faid Bartlett to make an appointment and meet at my Office, and infpect the Records of the Court. I regret that I can fee in this bufinefs the fecret hand of a Locvian Orator. WORDEN POPE. April 7th, 1805.