Georgia statesman. (Milledgeville, Ga.) 1825-1827, January 10, 1826, Image 1

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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