Indiana Gazette, Volume 1, Number 2, Vincennes, Knox County, 7 August 1804 — Page 2

bout by the wind and waves, plundered of all her valuable articles by the officers and crew, shipwrecked on some part of the rocks and quicksands of Louisiana and finally towed in to dry land by a few wretches and freebooters. Y. July 29th, 1804.

Mediterranean Passports. NOTICE is hereby given that it has been deemed expedient to change the form of the Mediterranean Passport issued to vessels of the United States ; that from the eighth day of July next, those of the new form will be issued at the custom houses to every vessel, for which application may be made on a compliance with the terms prescribed by law and surrerdering the former passport of which she may be possessed, if any, in which latter case no fees will be required for the exchange , and that by an arrangement agreed upon by the Barbary powers, with whom we are at peace, either the old or the new form of passport will be sufficient to protect the vessels of the United States, from capture until the 1st of July, 1805, after which the old form of passport will be unavai-

lable and the new one alone in use.

Department of State, 22d of May, 1804. }

The printers of the laws of the Unit-

ed States are requested to insert the

above in their Gazettes twice a week for the space of six month, and the Collectors of the Customs to keep cpies

of it posted up in thei offices.

May 30, 6m

INDIANA TERRITORY, sct.

WHEREAS a writ of foreign attachment has issued out of the court of Common Pleas of the said county of Knox, against the lands an tenements, goods, chattels and effects, rights and credits of Jean Marie Rouille, at the suit of Thomas Jones, in a plea of trespass on the case, by virtue of which writ the sheriff of the said county has

attaached sundry goods chattels and effects, as the property of the said defendant—now notice is hereby given, that unless the said defendant shall appear by himself or attorney, to give special bail to answer the said suit, judgment will be entered against him by default, and the property so attached will be sold for the satisfaction of all creditors who shall appear to be justly entitled to a demand thereon, and shall apply for that purpose, dated 3d Angust, 1804. R. BUNTIN, Prothy. John Rice Jones, Attor. for the plaintiff, }

Attention ! THE SUBSCRIBER REQUESTS all those indebted to him by Bond, Note, or Book account, to come forward and settle their respective balances as soon as possible. He hopes that his customers will be punctual in attending

to this notice, as well they must know that such long delays must injure him. Peter Jones. THE owner of a DARK BAY HORSE, with a star in his forehead about thirteen hands and a half high, ten or twelve years old, delivered by the WEA Indians to the Gover-

nor, is requested to call for him on JOSEPH BARRON, Interpreter. Vincennes, 21th July, 1804. Indiana Territory. WHEREAS a writ of Foreign Attachment has issued out of the General Court for the said Territory, directed to the sheriff of Clarke county, against the lands and tenements, goods, chattles, and effects, rights and cre-

dits of John Holker and Nicholas Vic-

tor Muhlbergher, at the suit of John

Edgar, in a plea of covenant broken,

bv virtue of which writ the said sheriff

has attached several tracts of land, and other premises, in the county of Clarke, as the estate of the said defendants— Now notice is hereby given, that unless the said John Holker and Nicholas Victor Muhlbergher, shall appear by themselves or attorney, to give special bail to answer the said suit, judgment will be entered against them by default, and the estate so attached will be sold for the satisfaction of all creditors who shall appear to be justly entitled to a demand thereon, and shall apply for that purpose.---Dated 26th July, 1804. H. HURST, C. G. C. John Rice Jones, Atto. for the Plaintiff. }

ment of the Territory of the United States North West of the Ohio river as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate, in the Indiana Territory, whenever satisfactory evidence shall be given to the governor thereof that such is the wish of the majority of the freeholders notwithstanding there may not be five thousand free male inhabitants of the age of twentyone

years and upwards." And

For the Indiana Gazette,

years and upwards." And

whereas petitions have been

ber of the good citizens of

MR. STOUT, WHOEVER has public virtue enough to warn the people for their gond ought not to remain silent when important steps founded on opinions which have not been maturely weighed are about to be taken, to alter their government. The interference of the Governor of the Territory,

in a measure which exclusively apper-

tains to the freeholders to determine, is believed to be improper, if not unconstitutional. The law in amendment to our constitution, cited in the Governnors publication, declares it to be his duty to issue writs of election when satisfartory evidence shall be given to him that it is the wish of a majority of the freeholders that there may be a legislature, but it does not authorise him to assemble them to deliberate, and declare whether it is or is not their wish. If the petitions preferred, after the extraordinary exertions made for subscribers, have not ear-

ned sufficient conviction to his mind

presented to me from a num-

ber of the good citizens of

the Territory praying that a general Assembly may be or-

ganized, conformably to the above recited 2&, but as no

evidence has been adduced to

holders. It i of covenant broken, shew that the pesons who sure ought to

have signed the said petitions

freehders, now therefore, for the purpose of ascertaining more correctly the public sentiment on the subject I have thought proper to issue this my proclamation hereby making known to all whom it

may concern that an election

Indiana Territory. WHEREAS a writ of Foreign Attachment has issued out of the

General Court for the said Territory, directed to the sheriff of Knox county, against the lands and tenements, goods, chattles and effects, rights and credits of Francis Mitchell, at the suit of Robert and James Abbot, in a plea of trespass on the case, by virtue of which writ the said sheriff has attached a house and lot and other premises, in the said county of Knox, as the estate of the said defendant---Now notice is hereby given, that unless the said Fancois Michell shall appear by himself or attorney, to give special bail to answer the said suit, judgment will be entered against him by default, and the estate so attached will be sold for the satisfaction of all creditors who shall appear to be justly entitled to a demand thereon, and shall apply for that purpose. Datad 26th July, 1804. H. HURST, c. c. c. John Rice Jones, Atto. for the Plaintiff. }

Indiana Territory.

WHEREAS a writ of Forein Attachment has issued out of the General Court of the said Territory, directed to the sheriff of Knox county, against the lands and tenements, goods, chattels and effects, rights and credits of Francois Michell, at the suit of Jacque and Francois Lassell, in a plea of trespass on the case, by virtue of which writ, the said sherrif has attached several tracts of land and houses and lots of ground in the said county of Knox, as the estate of the said defen-dants---Now notice is hereby given, that unless the said Francois Michell shall appear by himself or attorney to give special bail to answer the said suit, judgment will be entered against

him by default, and the estate so attached will be sold for the satisfaction of all creditors who shall appear to be justly entitled to a demand thereon, and shall apply for that purpose---Dated 26th July, 1804. H. HURST, C. G. C.

John Rice Jones, Attorney for the Plain-tiff.

INDIANA TERRITORY. By William Henry Harrison, Governor and Commander in Chief of the Indiana Territory, and Superintendant of Indian affairs. A PROCLAMATION. Whereas by a Law of the United States entitled "An act to divide the Territory of the United States North West of the Ohio, into two seperate Governments, it is enacted and declared" that so much of the ordinance for govern-

may concern that an election

will be held at the court house of each county respectively on

Tuesday the eleventh day of September next for the purpose of giving to all the citizens of the Territory who are qualified by law to vote on the question of going into the second or representative grade of government, an an opportunity of declaring

their wishes on the subject. And it is hereby made the du-

ty of the several sheriffs to

sure ought to be brought about, when

it become necessary, or proper, by a

just denied the existence of grievances occasioned by the government in its present form, or a general desire to assume the second grade of it; and not by an exercise of a power assumed by the Governor. A Proclamation, when we speak with propriety, means an act of the executive, founded on, or to enforce law. If then this test of our executive has not any of these essentials, it is not obligatory, it is nothing,

or is something, it is a Mandate, and

ought to bear its proper name. But he is in favor of a legislature, and in fact it is saying, my friends have done all in their power to effectuate my designs in vain, I must now come forward, and under the cloak of authority, direct you to assemble to give me and emissaries I shall place among you, another opportunity of succeeding; and of knowing, that I may mark, any opponents, if I fail. He well knows that influential men in the respective counties hold commissions from him, others are expectant, and that a mandatory missive will range some of them

and their sub-influential friends on the

side of their patron. This act unau-

thorized by any law, is predicated also on a principle which I cannot ad-

mit: as far as it goes it evinces that

give due notice of the same, and on the said eleventh of Septembr to open polls at the

several court houses of their

respective counties for the

several court houses of their

respective counties for the

purpose aforesaid, and the said election shall be conducted in the same manner and governed by the same principles as are laid down in a law regulating the elections of representatives for the general assembly of the North Western Territory passed at Cincinnatti the 6th. of Dec. 1799. In Testimony whereof I have hereunto set my hand and caused the seal of the Territory to be affixed at Vincennes the fourth day of August in the year of our Lord one thousand eight hundred and four, and of the Independence of the United States the twenty ninth. William Henry Harrison, By the Governor. John Gibson, Sec. 76150

or the affairs of the government, without the authority of the executive. He made the experiment on the occasion of the convention, & succeeded; and no doubt now claims it as a right derived from that precedent, fit and only introduced by himself. That measure originated with him, as well as that new in contemplation, to serve his purposes. The former produced no good to the Territory---in our present circumstances the latter will be productive of its ruin. A Freeholder of Knox county: NEW YORK, June 25. Capt. Bruce, who arrived at Boston from Gibralter, in 56 days, was informed by capt. Decatur, of the United States schr. Enterprize, then at Gibralter, that it was the

intention of cmmodore Preble to bombard Trippli--and that he was building gun vessels, which he had spoken two days previous to his arrival, were destined to reinforce lord Nelson's fleet, off Touln, to en-