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GEORGIA STATESMAN.
BY BURRITT & MEACHAM.
THE GEORGIA STATESMAN
In published weekly at the Seat of Govern
ment, opposite the State-House Square, at
Three Dollars per ann. in advance.
Advertisements inserted at the usual rates.
N. B. Sales of land and negroes, by Ad
ministrators, Executors, or Guardians, are
required by law, to be held on the lirst Tues
day in the month, between the hours of ten
in the forenoon, and three in the afternoon,
at the court house of the county ill which the
property is situate. Notice of these sales
must be given in a public Gazette SIXTY
days previous to the day of sale.
Notice of the sale of personal property
must be given in like manner, FORTY days
previous to the day of sale.
Notice to the debtors and creditors of an
estate must be published for FORTY days.
Notice that application will be made to
the Court of Ordinary, for leave to sell land,
must be published for NINE MONTHS.
Letters must be POSTPAID.
ESSAY,
On the necessity of a General Confederation
of the Hispan-American States, and the
plan of its organization. Lima, 1825. —
By Col. D. Bernardo Monteagudo. [Trans
lated for the National Journal.]
(Concluded from our lust.)
Three months after this, the peace
of Paris was concluded; and each of
the Allies formed a special treaty
w ith France, although they were pre
cisely similar, except ing the addition
al articles. In this treaty,containing
various declarations about the pub
lic European right, and the legisla
tion of different nations, a general
Congress at Vienna was provided
for, to execute anterior arrange
ments. The history of this celebra
ted Congress, and its effects on the
European system, both furnish an ar
gument for our views, and present
many points of resemblance to the
American system, and our present
circumstances.
Our treaties of June 6, 11522, and
of October 3, 1323, parlake of the
r-pirit of the quadruple alliance of
Chaumont, and of the treaty of Paris,
of May 30th, 1811. They both con
tain the compact of an alliance, of
fensive and defensive; fix subsidies,
and announce the determination to
continue the war for destroying the
Spanish power, as the allies ol Chau
mont oblige themselves to suppress
Napoleon. They also provide lor a
Hispan-American Congress,that \aqj
may serve as counsel in important con
tests, appoint for consultation in com
mon dangers, a faithful interpreter
of public treaties, and as the arbiter of
our differences. There is preserved
m all this, a strong analogy to the
stipulations ofthe peace of the 30th
<>l' May.
We have one remark to make on
the Congress of Vienna. It was
formed after the peace of Paris, al
most in the centre of Europe, and
where there were such facilities and
frequency of diplomatic intercourses
that the Congress might be esteem
ed useless ; for the business, though
important, might have been negoci
ated by the resident ministers at
each court. The proposed Hispan-
AmcricanCongress, onth® contrary,
will meet to terminate the war with
Spain, to confirm our independence,
and to oppose the tremendous mass
of power with which we are mena
ced by the Holy Alliance; it is to
meet at the point agreed upon by the
contracting parties, that the daily
conferences ofthe Plenipotentiaries
may not bo obstructed by the great
distances at which their governments
arc separated; and, finally, it must as
semble, because the subjects to be
submitted require united delibera
-1 ions, and cannot be determine and but by
a Congress of Ministers, whose pow
ers and instructions are applicable
and wise.
The second interest peculiarly con
cerning ouf new republics, is Peace,
inthe triple sense, embracing nations,
at of # the present league, the con
federates, and the same nations rel
atively to an equilibrium of their
forces. In the three cases, without
granting to the Congress any coer
cive authority pernicious to its insti
tution, we may affirm, that for the
first ten years, (at least from the re
cognition of our independence) the
general direction of the internal and
external policy of the confederation,
should be in charge of the Congress
of its Plenipotentiaries ; that peace
might not he violated, nor its preser
vation purchased at the sacrifice of
the principles and interests of the
American system, although the pri
vate advantage of a confederate
might be thereby promoted.
This Congress might, by its influ
ence, and using the ascendancy of its
august counsels, moderate the activ
ity of local feeling, which at first will
be as strong as it is pernicious.—
The interruption of peace and good
intelligence among the Hispan-Amer
ican Republics, would cause aconti
m tal conflagration. Political con
nexions, originating in the revolution,
exist" between the South American
Republics, which, united to moral
resemblances and physical simili
tudes, will make the sufferings or agi-
tations of the one to he communica
ted to the other, as the echo of thun
der among their own Andes, is re
peated from mountain-top, to moun
tain-top.
This observation is applicable not
only to the evils of war between re
publics, but to those that occasion
the loss of the balance of power in
every association, which is the only
cause ofthe convulsive agitations of
the body politic.
It is not preteded. that it is within
the power of the Congress, or of any
human means, to prevent the infirm
ities to which it is subject. But to
reject one ofthe best remedies pre
scribed , would be to condemn the
medicine, because there happen to
be diseases that it cannot reach per
manently, or radically cure. It can
not therefore be doubted, tthat, the
interposition of the Congress in favor
of internal tranquility, its indirect
measures, anft, in fine, the whole
power ofthe confederation directed
to the re-establishment of peace, will
be the floating plank of salvation
from this ship-wreck, which might
become universal; for if order be
once destroyed, the extent of the
danger can hardly be conceived
We will examine, in the conclusion
the kind of guarranties we require,
and the probabilities of finding them
in the llispan-American Congress.—
In relation to them, it will be as ad
vantageous to our governments, as
was the Congress of Vienna to the
monarchies ofthe old world.
Our governments have acquired,
during their glorious contes with
Spain, indisputable claims to the con
sderation ofthe authorities that go
vern the human race, under the va
rious forms adopted by civilized
countries. The determined resolu
tion to be free, courage in battle, and
fortitude during fourteen years of
perils, have familiarized to the whole
world the names of the tow ns and
villages of America, that were former
ly unknown to the best geographers.
Curiossity was naturally excited at
first; and attention to our affairs, has
gradually become attracted and fix
ed.
Commerce has found new T marts,
the success of her speculations has
revealed to the cabinets of Europe,
secrets important to the enlargement
of their power, and the accumulation
of wealth. Every thing has contri
buted to increase the political impor
tance of our Republics ; and the very
parties inU) which Europe is divided,
in relation to our independence, has
given character to the governments
that were instituted at the Revolu
tion.
The respect, credit and power,
that will attach to the Congress of
the Plenipotentiaries, will constitute
a solemn guaranty of our territorial
independence, and of internal peace.
An enterprize, in any part of the
globe, for the subjugation of the His
pan-Ainerican Republics, must be
conducted with a knowledge, not on
ly of the land and naval forces of the
State against which it may be direct
ed, but also of the combined forces
of the confederates with whom Great
Britain and the United States will
probably unite; the European and A
merican interests that would be vio
lated in Peru, Colombia, and Mexi
co, and in all the states of Northern
and Soul hern America, to which the
league ofliberty will extend, must be
fully estimated; and the enthusiasm
of the people invaded, the violence
of their passions, and the resources of
indignation must be calculated in ad
dition to the obstacles opposed by
the distant separation of the hemis
pheres, the climate of our coasts, the
precipitous elevations of the Andes,
and the deserts which every where
darken the surface of this Continent.
The internal peace of the confed
eration would be secured by this
Congress, which would consult the
particular interests of the confeder
ates, rvith as much impartiality and
concern, as those of the whole. The
only secret for enabling social insti
tutions to survive the vicisitudes to
which they arc incident, is to inspire
and maintain confidence. Laws are
forgotten ; and governments decline,
when the people reflect that their
confidence has become a mere ob
ject of desire. But the union of men,
most eminent for patriotism and in
telligence, their immediate connex
ion with their respective govern
ments, and the beneficial effects of a
system directed by them, w ill sup
port the confidence inspired by the
idea of a Congress convened under
the auspices of liberty, to form a
league for its defence.
Among the causes likely to dis
turb the peace and friendship of the
confederates, tha most obvious is the
want of rules and principles for our
public right. Important questions
w ill daily occur, as to the reciprocal
rights and duties of these new Re
publics. The extension of commerce
and navigation, and the remains of
MILLEDGEVILLE, TUESDAY, JANUARY 10, 1826.
Gothic laws and customs, will require
frequent treaties. Doubts woulu
arise from these, operating to their
evasion, if confidence in the impar
tiality of this Congress, at least for
the first years, were not a general
guaarnty for the diplomatic conven
tions that may be formed in the pro
gressive development of our neces
sities.
Independence , peace and guaranties;
these are the important results that
we may anticipate from the Conti
nental Congress, as has been briefly
shown in this essay. Os the six pol
itical divisions of South America, the
two thirds have declared for the re
publican league. Mexico, Colom
btn, and Peru, have concluded spe
cial treaties in relation to this object;
and we are assured that the United
Provinces of Central America, have
instructed their Plenipotentiaries
near Colombia and Peru, to accede
to the league. Inthe month of March,
1822, there were publishad in the
Amigo de la Patria of Guatemala, an
article on the subject, written with
all the elevated sentiment and intel-
ligence of its author, Senor Valle. —
His principal idea is the one now pro
posed :to form a focus of light for
the illumination of America: to cre
ate a power for combining the force
of fourteen millions of people; to ce
ment the relations of the American
states, by uniting them with the
strong bond of a common Congress,
that they may learn to identify their
interests, and literally constitute one
family. We have every reason to
believe that the Republics of Chile,
and of the Rio de la Plata, will also
yield to the counsel of their interests,
and enter into the system adopted
by the majority, as the only one that
can secure to Spanish America, inde
pendence, peace, and guaranties.
Legislative.
AN ACT
To incorporate a company to be call
ed “ The Mexico-Atlantic Compa
ny, of Georgia,” with powers to
construct Canals or Railways be
tween the waters of the Atlantic
Ocean and those that flow into the
Gulf of Mexico.
Sec. 1. Be it enacted by the Senate
and House of Representatives of the
state of Georgia in General Assembly
met, and it is hereby enacted by the au
thority of the same, That all persons
who may become holders of stock as
hereinafter provided, their heirs, suc
cessors and assigns, shall forever be
a body corporate, by the name and
style of “The Mexico-Atlantic Com
pany of Georgia ;” and by such cor
porate name shall be capable in law,
to buy, purchase, hold and sell, real
and personal estate, to receive do
nations, to make contracts, to sue
and be sued, plead and be implead
ed, to make and execute bye-laws,
not contrary to the laws or constitu
tion of this State, or of the United
States, and do all lawful acts pro
perly incident to a corporation, and
necessary and proper to the conve
nient transactions of its affairs. Its
corporate acts shall be authenticated
by a common seal, which they may
make, renew', or alter, and until such
seal shall be made, by the signature
of the president thereof.
4 Sec. 2. And be it further enacted, 1
That the capital stock of said com
pany shall be two millions of dollars,
to be divided into shares of two hun
dred dollars each. *
<•' Sec. 3. And be it further enacted,
That the subscriptions for shares in
the capital stock of said company
shall be opened on the first Monday
in March next, inthe following pla
ces, to wit; at Savannah, for four
thousand of said shares, under the
superintendance of W. C. Daniel,
Alexander Telfair. Joseph Cumming,
Thomas Butler, and Benjamin Bur
roughs; at Augusta, for three thou
sand of said shares, under the super
intendancc of Anderson Watkins,
William Cumming, and William J.
Hobby; at Millcdgevillc, for five
hundred of said shares, under the
superintendancp of Tomlinson Fort,
Henry W. Malone, and Joel Craw
ford ; at the town of Washington,
in Wilkes county, for five hundred
shares, under the superintendance of
VVni. G. Gilbert, Duncan G. Camp
bell, and Samuel Barnett; at Da
rien, for one thousand of said shares,
under the supcrintendancc of Tho
mas Spalding, George Atkinson, and
James 11. Cooper; at the town oj
St. Mary’s, for five hmulrod-of said
shares, under the superintcndance of
John Floyd, John H. M’lntosh, and
James Scott; and at the town of
M aeon, for five hundred of said
shares, under the superintcndance
of Harrison Smith, John T. Row
land, and John T. Lamar, or a ma
jority of such sir, rintendants, at
each place respectively. The books
of subscription shall lMj_koi>L_oßl3L
from day to day until the first day of
April, unless sooner filled, until which
any person or partnership firm, or
any corporate body of the state of
Georgia, may subscribe for any num
ber of shares; and immediately after
the first day of Apfil, it shall be the
duty of the superintendants at Au
fista, Millcdgevillc, Washington,
arien, Macon, and St. Mary’s, to
forward their subscription books, to
gether with the moneys paid in, to
the superintendants at Savannah;
and any remaining number of shares
which shall have remained unsub
scribed for at the respective places
where subscriptions shall have been
opened, be subscribed in the
cify of Savannah, under the super
intenifants at the said city. Five dol
lars on each share shall be paid at
the time of subscribing for the same;
and any holders of one or more
shares not paying the residue when
called for by the directors, or within
thirty days from the time appointed
in such call, shall forfeit the shares
to the use of said company ; Provid
ed, sixty days notice thereof shall be
given, in at least two of the public
gazettes of this state : And provided
also, That not more than twenty
five per cent, of the amount of each
share be called for in any one year.
Sec. 4. And be it further enacted,
That it shall be the duty ofthe said
superintendants at Savannah, or a
majority of them, as soon after the
.first day of April as three thousand
shares shall have been subscribed
for, to cause to be elected by the
stockholders in the manner herein
after pointed out, from amongst the
number of stockholders, five direct
ors, who shall hold their scats until
the first Monday in January next
thereafter. And after such first term
of office, five directors shall be elected
annually, on the first Monday in Ja
nuary. The directors, at their first
meeting after each such election,
shall choose one of their number as
President, who shall hold his office
one year, and may receive what in
the opinion ol’thc directors may be
a reasonable compensation for his
services. In case of his death, re
signation, removal from the state, or
bj the board of directors, the direct
ors shall proceed tq fill the vacancy
by anew election for the remainder
of the term.
Sec. 5. And be it further enacted
by the authority of the same, That the
directors for the time being, shall
have power to employ artists, mana
gers and labourers, and appoint a
treasurer, clerks, and such other
subordinate officers as shall he ne
cessary for executing the business of
the company, and to allow them rea
sonable compensation for their ser
vices ; and shall he capable of ex
ercising such other powers and au
thorities for the well governing and
ordering the affairs of the company
as to them shall appear conducive
to the interests of the institution.
Sec. 6., And be it further enacted
by the authority of the same, ’1 hat the
number of votes to which each stock
holder shall be entitled, shall he ac
cording to the number of shares he
shall hold, in the following propor
tion, to wil: for one share, one vote;
for two and not exceeding five shares,
two votes; and for every live shares
thereafter, one vote : after the first
election no share or shares shall con
fer a right of suff: ge which shall
not have been liolden three calendar
months previous to the day of the
election.
Sec. 7. And be it farther enacted,
That a majority of the directors shall
constitute a board for the transaction
of business, of whom the President
shall always be one, save in cases of
sickness or necessary absence, in
w hich cases bis place may be sup
plied by any director, to be nominat
ed by the president and directors.
Sec. 8. And be it further enacted,
That any number of stockholders,
not less than fifty in number, who
together shall be proprietors of three
hundred shares or more, shall have
the power at any time to call a meet
ing of the stockholders of said com
pany, for purposes relative to the
institution; and of all meetings of
stockholders, at least sixty days no
tice shall be given, in two or more
of the gazettes of this stale, speci
fying therein the object of the meet
ing. And if the state should own
stock in said company, the Governor
for the time being, shall appoint
three fit and proper persons, who
shall attend such meeting as repre
presentatives of die state, and shall
have votes thereat, in proportion to
the interest ofthe state therein; and
at all such meetings of the stock
holders, each share shall be entitled
to a vote, and in all cases the stock
holders shall be allowed to vote
either in person or by proxy.
Sec. 9. And be it further enacted.
That certificates of stock shall be
transferrable on the books of the
try ofthe stockholder, his legal re
presentative or attorney, duly au
thorised by special power lor that
purpose.
Sec. 10. And be it further enacted.
That the directors shall keen lair
and regular entries of their proceed
ing in a book pro\ ided for that pur
pose ; and on every question, when
anyone director shall require it, the
yeas and nays of the directors voting
shall be duly entered on t heir minutes,
and those minutes shall at all times
on demand he produced to the stock
holders when at a meeting thereof
the same shall be required.
Sec. 11. And be itjurtJtcr enacted,
coming a stockholder, the General
Assembly shall annually appoint di
rectors in proportion to the stock so
taken; and all vacancies in such
state direction shall lie idled by the
Governor. The books, papers, mi
nutes, correspondence, and funds of
the company, shall at all times be
subject to the inspection ofthe board
of directors and the stockholders
when legally convened ; it shall be
the duty ofthe company to make an
annual report to the General Assem
bly ol the progress and state of its
works, the investments, and the
hinds ofthe company, and of all such
other matters tending to a full , .id
detailed disclosure ofthe situation and
prospects ofthe company and all its
concerns, as the General Assembly
may from time require.
Sec. 12. And be it further enacted,
That the said company shall have
the privilege of conducting the ca
nal or railway contemplated by this
charter, and the feeders and outlets
of said canal in the most cheap, prac
ticable and proper course through
the state, or some part thereof; pay
ing to the owners of land the same
may pass through a just hlem
nity, to he ascertained as here
inafter provided for the value of
the land covered by <hc canal or
railway, and for the hundred feet on
each side ofthe same and of its nav
igable artificial feeders for the pro
curement therefrom of timber, stone
earth and other materials, and lor the
construction theron of basins, slips,
locks, dry docks and other necessa
ry and proper works and purposes :
and whenever a person shall own
lands opposite and adjoining both
sides of the canal, and the- land at
tached thereto as aforesaid, the com
pany shall be bound to pay such
owner a just and resonable price
for that part which he may prefer to
sell, or such owner shall have the
right to construct lor his convenience
such bridge across the canal as may
not obstruct or incommode the navi
gation thereof, and shall at all times'
have free access to such bridge.
Sec. 13. And be it further enacted,
That when any person shall deem
himself aggrieved or injured by the
said canal or railway, or any of the
feeders, branches, waste wiers or
outlets ofsaidcanalbeingcut through
his lands, or by any other works ol
th company, the amount of such
damage or injury shiJl he ascertain
ed and determined by the written
aw ard of three sworn appaisers, to
be chosen one by such land owner,
one by the company andJonc who
shall be appointed by the justices of
the Inferior court, or a majority ol
them to act in all such references
within that connty, with the right
in either party of an appeal to be tri
ed by a special jury at the term of
the Superior Court next thereafter
held in th;u comity ; and the decis
ion in which way soever finally made
shall vest in the company the fee
simple of the land in question, and in
the other party a judgment for its
value thus ascertained.
Sec. 14. -hid be it further enacted,
That whenever the said canal or
railway shall intersect a public road
the company shall be bound to build
a safe and substantial bridge, and
any publick or private bridges may
be at any time built across the said
canal or railway and free access be
allow ed by the company : Provided,
such bridges shall not obstructor in
commode the navigation or use of
said canal or railway.
Sec. 15. And be it further enacted,
That said company shall he bound
to complete and render fit for use at
least twenty miles of said canal or
railway by the first day of January
one thousand eight hundred and thir
ty, and shall progress thereafter at
the average rate of at least twouty
miles a year , and whenever the pro
gress thereof shall fall short of the
said average yearly distance the
General Assembly shall have the
pow ers to rescind the privilege of any
further construction thereof by the
said company and to allow any other
person or persons to go on with the
residue as if this act had never been
passed.
Sec. 16. And he U further enacted,
That the said canal or railway and the
[NO. IV.—YOL. I.
be subject to l;e taxed higher than
two and an hall per centum upon its
annual net income.
Hoc. 17. And be it farther enacted,
I hat said canal shall he alwavsopen
for the free navigation of all Iwats, ves
sels and other watercraft: Provided,
1 hoy shall not by sinking or other
wise, obstruct or incommode tbe. nav
igation or injure the canal or any of
its works: And provided, That the
construction and mauagemet chid*
conform to the (regulations to l>e es
tablished fronij time to time bv llic
said company.
Nec. 13. And be it further enacted,
Thai the dividends of the profits < <*
the said company,or so mucTillirreoT
as may be deemed by a majority ofthe
said directors to be expedient and
proper shall be declared half yearlv.
But such dividends shall in no case
exceed the amount of net profits
actually acquired by the company.
Sec.. 19. And be it further enacted.
That the State of Georgia shall be
allowed and authorised at any time
previous to the. first day of January
one thousand eight hundred and thir
ty, to subscribe as much as one mill
ion of dollars in the .said company,
which shall bo considered and recei
ved as an increase by so much of
the capital stock of' the said compa
ny, over and above the amount pre
scribed by the second section of this
act, in which event the said state
shall be entitled to a proportioifrto
number of directors to be added to
the number to be chosen by the
stockholders of said company as al
ready pointed out; and the said com
pany shall have power from time to
time, to increase the capital stock to
such extent as may be deemed cn
cessary and proper to complete tin
.work, always reserving to the state
the privilege and power to subscribe
one third of each and every such in
creased capital stock, until after the
session ofthe next succeeding Gen
eral Assembly following, such in
crease of capital, d'v notice ofthe
same being given to the state.
Sec. 2D. And be it further enacted,
That it shall not be lawful for any
person or persons whatever, to throw
earth, rubbish, trees, logs, stones, or
any other matter or thing w hatsoev
er, into said canal, or injure in any
way whatever its locks, basins,
banks, tow-paths, feeders, docks, or
any thing appertaining to the .same ;
anv person herein offending, shall be
liable to indictment as tor a misde
meanor, and on conviction may be
fined, or imprisoned at the discretion
of the court, and shall also be liable
for such damages as may be sustain
ed thereby.
Sec. 21. And be it further enacted,
That this act shall be deemed and
taken fora public act, and shall be
liberally construed for carrying the
purposes aforesaid into complete el
fect.
Sec. 22. And be it further enacted,
That the said company shall be en
titled and empowered to receive and
collect tolls on all vessels, boats,
rafts, and all and every other water
craft or thing, which may pass the
said canal or any part thereof, or on
every v. hide of w hatever diameter
or denomination, and all other things
which by the regulations of said c m
pany shall or may be allow ed to pass
on the said railway: Provided al
'-cays, That the rate of toll so de
manded and collected, shall not ex
ceed thirty-three and a third per
cent, upon the rates ot'laml transpor
tation at the time, upon ordinary
roads.
Sec. 23. And be itfurteer enacted,
That it shall not be lawful for any
other canal or rail-way to be built,
cut, or constructed, in any way or
manner, or by any authority whatev
er, within thirty miles of the said
contemplated canal or railway;
Provided, nothing herein contained
shall be construed so as to prevent the
slide from uniting any works with the
works of said company, or crossing the
same, or approximating the same in
such way as may be for the public
benefit; and it shall be the duty of
the said company to notify the Gen
eral Assembly on or before the ses
sion of that body, in the year one
thousand eight hundred and twenty
nine, of the intended route of said
canal or rail-way. --
Sr.r. 21. And he it further enacted.
That at the expiration ofthe term of
fifty years from the completion of
the said work, the state shall he enti
tled and authorised to buy ar the par
value the whole stock ofthe said
company, in which event the state
shall be authorised to collect such
toll upon articles transported through
the said canal or rail-way, as w ill,
beside the payment for repairs, offi
cers, servants, &c. engaged in said
canal or rail-way, be sufficient to pay
liye per centum per annum upon the
whole capital invested in the state.
Sec. 25. And be it further enacted.
That the said company shall forfeit