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PANAMAS CANALS.
FOR A CENTURY THIS SCHEME OF
DITCHING HAS DEEN AGITATED.
It was a Hobby of Bolivar's—The Groat South
American Patriot Worked for the Pro
ject Foreseeing the Benefits.
By Hon. Wm. L. Scruggs, ex-United States min
ister to Venezuela.
There seems never to have been a time in
the national history of Colombia when the
project of an inter-ocean ship canal across
the isthmus of Panama was not a subject of
discussion. Even before the first formal
declaration of the independence of the coun
try in 1810 the matter had been uppermost in
the minds of Colombian statesmen; and it
continued to be discussed by them during
the whole period of the twelve years strug
gle which foliowad. .. t
But the first serious movement in that di
rection seems to have originated with Gen
eral Simon Bolivar- soon after he became
amilitary dictator, towards the close of that
memorable contest. He sent an agent to
Europe authorized to propose an isthmean
canal scheme to the merchants and capital
ists of London, the real object of whlc.i,
however, was to bring about a recognition
of the new government by the commercial
powers of Europe. After many rebuffs and
vexatious delays, the agent finally succeeded
in interesting some British capitalists who
agreed to furnish the money necessary to
the success of the enterprise on the condi
tion that the absolute neutrality of the ca
nal should be guaranteed by some mari
time power able to maintain it. This guar
antee could not then be obtained and the
scheme failed.
The next effort was made in 18L. Ihe
United States had, at the instance of Mr.
Clay and John Quincy Adams,, formally rec
ognized the new republic but all the great
maritime powers of Europe held aloot
through reference to the so-called Holy Al
liance.” In order to stimulate them to for
mal recognition, President Bolivar asked and
obtained from the federal congress of Co
lombia authority to open negotiations With
foreign capitalists, or, at his discretion, with
some foreign government, lor opening a ship
channel across the isthmus. The authority
was readily granted but no maritime power
could be found willing to guarantee the neu
trality of the transit or Colombia s sover
eignty of the isthmus and the scheme was
again defeated.
It, however, continued to be discussed by
the press and public men of Colombia .and
was again revived in the proposed Panama
conference of American states in 18_u Ihe
Colombian delegates to that lust I an A
lean congress wire instructed to favoi any
reasonable project looking to a water trans
it of the American isthmus; but the con
gress itseli was a failure, and the canal
scheme was doomed to .
it was again revived in IS- 1 wheii I resi
dent Bolivar took active measures to have
the isthmus explored by a corps ot compe
tent engineers; but, even before the commis
sioners had reached the isthmus, internal po
litical dissension arose which resulted in the
disruption of the Colombian tederai union.
In the partition of territory which follow
ed the Isthmus of Panama tell to the lot
of’New Granada (no.v Colombia), and >n
1831* a concession was granted to certain
capitalists, or rather to certain individuals
who claimed to represent foreign capitalists,
who proposed to organize an itnernational
company and open the canal, ihey never
organized a company, and the scheme again
fell dead. But in the executive decree de
claring the concession forfeited an offer
was made to treat with any company finan
cially able to fulfill the agreement. I hen
followed in quick succession a
multitude of concessions, ?•
which. however, ever amounted to
anything. Thus the matter stood in M,
when an American company obtained tne
concession for the construction of the pres
ent Panama railway. ~
Still the canal scheme would not down.
It continued to be talked about, both in ( o
lumbia and the United States, and finally.
In 1858, Mr. Caleb Cushing was sent by our
government as special envoy to Bogota, in
structed tx obtain a concession for the sur
vey of the isthmus looking to the construe-’
tfo’n of a ship canal by what is known as
the Xtrato route. He succeeded in nego
tiating a fawn-able treaty, but the Colom-
Tran congress, to which it was referred for
ratification, so altered and amended it as
made it unacceptable. Negotiations were
renewed in but failed of anv practical
results. Meantime, the completion of our
transcontinental railway h:yl interested
! ■ n ■■ ■H fl erent direct ion*
am the eanai project had been referred to a
naval commission instructed to survey and
report upon the Nicaraugua route.
This stimulat I activity among the public
men of Colombia, who now began to look
again to European capital for the consum
mation of their long di-r’sheil scheme. The
result finally was th<| concession of 1 <B.
generally known as thl“ “Salgar-Wyse con
tract.” under which Count Ferdinand Do
l.ceoopj r i ill-fated company and
began work in 1380.
11.
The history of this eomnanv is still frosh
In the public mind. In many respects >t is
without a parallel in the annals of bold
and shameless rascality. When the com
pany finally broke down and '• 1 came bank
rupt in 1889, compai a lively little work had
been done, though fabulous sums of money
had been spent. No one who had taken
the trouble to familiarize himself with the
origin and history of that company, or who
was cognizant of its peculiar bus ness meth
ods, was surprised at the result. No one
competent to judge ever believed the canal
would be opened on tin- route indicated;
except, possibly, by the French government,
which seemed likely at one time to fall heir
to the company’s concession and assets;
and, in that case, international complica
tions vould be sure to arise, which would
seriously involve the United States govern
ment. For, no matter by whom opened, the
canal would be merely an artificial strait
communicating between ,wo open seas, and
its navigation would have to be regulated
by the same rules of international law
Which govern the navigation of straits in
general. The only exceptions that could
be claimed for it would be such modifica
tions as might become necessary for the
protection of individual rights.
Under the modern rules of international |
Jaw. when the navigation of both seas are '
free the navigation of the connecting chan- '
feu ■ • - -X
Mrs. L. Townsend.
Rising Sun, Delaware.
Good FamHy Medicines
Hood’s Sarsaparilla and Hood’s
Phis.
“I regard Hood’s Sarsaparilla and flood’s
Pills, the very best, family medicines, and wo
are never without them. I have always been
A Delicate Woman
and began taking Hood's Sarsaparilla three
years ago for that tired feeling. It built mo up
bo quickly anil so well that 11-1 like a different
woman and have always had gre::t faith in it. I
give it to riy children v. heiiev. r there seems any
trouble, with their biood, ami it does them good.
My little Loy likes it so well he cries for it. I
cannot find words to telt how highly I prize it.
"VVe use Hood’s Pills in the family and. they
Act Like Charm
I take plcasuro in recommending these medi
cines to all my friends, for I believe if people
Hood’s x Cores
would onlv keep Hood’s Sarsaparilkiand llood’3
Pills at hand as we do, much sickness and suf
fering’would be prevented.” Mits. L. Towns-
END, Rising .Sun, Delaware.
""wood’s Pills act easily, yet. promptly and
tffifiieaUy, on the liver and bowels. 2oc.
THE WEEKLY CONSTITUTION: ATLANTA. GA.. TUESDAY, JANUARY 16, 1894.
nel Is likewise free. And this is true, al
th< ugh the connecting channel be bounded
on both sides by the territory of some sov
ereign state, and be so narrow as to be
easily commanded by cannon shot from
both sides. The territorial jurisdiction of
the sovereign is modified by the public
right of passage from sea to sea. But
while this is true, the public right of pas
sage is itself modified by the right of the
sovereign through whose territory the chan
nel passes. He may prescribe such rules
and regulations as he may deem necessary
to his own safety, and this, under certain
contingencies, may amount to a positive
prohibition. Thus, although open and free
to all private merchant vessels of what
ever nationality, the channel could be de
clared closed, as a matter of right, to all
public armed vessels whenever this should
became necessary to the safety of the state
through whose territory it passes. And this
I ecey.’sarily implies the right of the state .o
enter into" alliances, offensive and defensive,
to enforce closure against possible enemies.
But this is precisely what the sovereign
state of Colombia did as early as
1846, by article 35 of the treaty
of that date, and still of force, with the
United States.
Another rule, applicable in such cases, Is
that the sovereign, through whose territory
the channel passes may exempt his own
subjects from payment of tonnage or other
like duties, without thereby invalidating his
right to unconditionally withhold such priv
ileges from the subjects or citizens of other
nations. It logically follows that he may
likewise exempt the subjects of citizens of
his ally, and thus place them upon an equal
footing with his own. without thereby im
pairing his right to withhold such privileges
from the subjects or citizens of all other
nations. But this, again, is precisely what
Colombia did by the treaty of 1846. when
she guaranteed to the citizens of the Unitefl
States “all the exemptions, privileges and
immunities,” with respect to the isthmean
transit, present and prospective, "enjoyed
■or to be enjoyed by Colombian citizens.”
Nor was this all. In article 35, of the
treaty already cited, Colombia guaranteed
"to the government of the United States
the right-of-way or transit, across the isth
mus of Panama, upon any modes of com
munication" then in existence or that might
thereafter be constructed'. free of all encum
brances or restrictions whatsoever. In
other words, with respect to the "govern
ment” of the United States, the right of
passage is absolute, and its war vessels may
pass and repass without restrictions, while
with respect to “citizens" of the United
States, their right of passage is limited
only by' the conditions imposed upon Colom
bian citizens; the consideration in both
cases being "the efficient guarantee by the
United States” of the neutrality- of the tran
sit and of Colombia’s sovereignty and do
minion over the isthmus.
HI.
It was readily seen, therefore, that, in
case the canal should be completed, no mat
ter by whom, this treaty would stand in the
way of French dominion on the isthmus.
It would have been the most natural thing
in the world for the two signatory powers
(Colombia and the United States) to de
clare the passage closed, “as a matter of
right,” to the public armed vessels of all
other nations; in which case, not even
France could have justified a formal pro
test. For no two principles are more per
manently incorporated into the public
law of Europe than that which
excludes all foreign armed vessels
front straits which pass through the ter
ritory of some sovereign state; and that
which admits to the free navigation of
such straits, all private merchant vessels
of whatever nationality. Thus, by' the
treaty of Adrianople, of 1829, Russia and her
allies were admitted to the free and un
restricted navigation of the Black sea,
while the entry to the straits of Con
stantinople and the Dardenelles was ex
pressly prohibited to "the war vessels of
ail other nations,” And by’ the treaty of
London, in 1841, tie entry of foreign armed
vessels was prohibited, while yet those
waters were declared open and free to mer
chant vessels of all nations. And later on,
when, by the treaty of Paris, of 1856, the
Black sea was declared neutral, the
straits leading to it were declared closed
“a., a matter of right” to the war vessels
of all nations except only • those of the
allied powers. So also in 1871, when this
treaty was modified by' the London con
ference, the two principles—closure to war
Vessels and freedom to merchant vessels—
were reasserted. And this declaration was
further, emphasized by the admitted rignt
ot the allies to “agree to the harmless use”
of the straits by the public armed vessels
of the other powers.
In his clandestine efforts to induce the
Colombian congress to abolish or modify
the 35th article of the treaty of 1816, an
agent cf the De Lesseps Canal Company
once pointed out that, under the provisions
of the Salgar-Wyse contract, of 1878, a like
closure of the Panama canal would be such
a violation of the vested rights of the com
pany as would compel the French govern
ment to interfere. Shrewd as he was, he
had overlooked the fact that nowhere in
that contract had Colombia assumed an
obligation to permit the free passage of
public armed vessels. All that Colombia
had stipulated was that when such vessels
were Allowed to pass, the company had the
right "to fix toll rates.” etc. It was still
competent to Colombia, acting in concert
with her ally, to* declare that "when.” In
other words, the special privilege of fixing
tolls a”d establishing regulations of public
armed vessels in the canal, could have no
existence whatever until after the right of
passage by' those vessels had been speci
fically granted. But, aside from this, even
if Colombia had incautiously’ obligated her
self, in advance, to allow such vessels to
pass, the obligation would have been a
nullity' in view of the prior grant to the
United States in the treaty of 1846.
It was during this discussion, and when
Count de Lesseps and his associates had
salaried agents in the United States, that
the suggestion somehow originated in
Washington that "if the treaty' of 1846 was
to be construed as an alliance with a weak
and Impecuneous South American state,
the best thing to do would be to modify
article 35, or else abolish it entirely.” No
one seemed to know just how this sugges
tion originated, but it was favored by more
than one very’ influential New York news
paper. It was argued very’ learnedly by
some of these half-American journals th'at
we could not afford to disregard the tradi
tions of the country by entering into "en
tangling alliances” even for the purpose of
controling the isthmean transit, and Wash
ington’s farewell address was freely cited in
support of this position.
All this may now be considered "ancient
history.” Still, it is not without interest as
showing the real nature of the DeLesseps
canal bauble. Those who were in a posi
tion to know had every reason to doubt his
sincerity when he undertook the enter
prise. He may have been over-persuaded
by r impecuneous parties who had lost posi
tion a. nd Influence by the downfall of the
empire, and who saw in this scheme the
means of replenishing their private for
tunes. If so. it may’ have been part of the
scheme to ultimately’ unload the enterprise
upon the new government. Be that as it
many, that DeLesseps did at one time enter
tertain the hope that the French govern
ment might become so compromised as to
be forced to take the job off his hands,
hardly admits of reasonable doubt. Hence
the systematic effort to get the treaty of
1846 out of the way.
IV.
But a word in this connection about "en
tangling alliances.” At the time of Wash
ington’s farewell address, all Europe was
in turmoil. England and France were still
quarreling, and Mr. Jefferson (who had
became strangely infatuated with French
ideas) had been at no pains to conceal his
desire for an alliance of France and the
United States as against England. Wash
ington’s advice was to have nothing to do
with this or any other European quarrel,
but to "avoid all entangling alliances.” His
warning could have had no reference to
any free states in South or Central America,
because no such states then existed or
seemed likely to come into existence. The
eastern si .pesos the Mississippi valley were
the utmost limits of our prospective posses
sions in the west. Florida and Louisiana,
and Texas were all under foreign flags.
But in 1846, when this treaty with
Colombia was signed, the entire Atlantic
and gulf coasts, from the Bay of Funday
to the mouth of the Rio Grande, was within
our national domain and jurisdictian. Our
western boundary was the Pacific ocean,
and the Isthmus of Panama had become
practically our southern border, in that it
was now in the direct line of our sixteen
thousand miles of sea coast. Hence, the
treaty, in the form agreed upon, had be
come a commercial and political necessity.
It was, however, entered into wfth ex
treme reluctance, and with great difficulty
ratified by tlm senate. Like our federal
constitution itself, it was “wrung from the
necessities of an unwilling people.” Even
after of ratifications had been
made, the treaty excited constant appre
hension and misgivings, and four years
afterwards, we committed the astonishing
blunder of soliciting a “joint guarantee”
of the neutrality of the isthmus by Eng
land and France. Fortunately, our ill
advised request was not granted. Indeed,
it was hardly seriously entertained. Earl
Russell, speaking for the British govern
ment, said a joint guarantee was “alike
unnecessary and undesirable;” that "the sole
guarantee by the United States was ample
for any emergencies likely to arise,” and
that "the present arrangement was entire
ly satisfactory to Great Britain.” A simi
lar response was received from the French
government, with the additional assurance
that “the sole guarantee of the United
States was satisfactory to the commercial
world.”
This seemed to end it. The so-called
“Monroe doctrines” had received the sanc
tion of the two leading powers of Europe,
and the apprehensions of our timid execu
tive were allayed. Nothing more was ever
heard of "a joint European guarantee” of
the neutrality of the isthmus till the De
Lesseps Canal Company sprang into exist
ence. By the contract of 1878, the company
had come into possession of millions of
acres of wild* lands on the isthmus.
It had likewise become the owner
of the Panama railway, and the
towns of Colon and Panama had practically
become French settlements. Then it was
that Count de Lesseps made the astonish
ing discovery that the “Monroe doctrine”
had a European origin; that the people of
the United States had never understood it;
in short, that it really meant nothing. But
he failed to induce Colombia to abrogate
article 35, on the teraty of 1846, with the
United States; failed to induce the French
people, whom he had enveigled into his
enterprise to force the new French republic
to take a uad bargain off his hands; and a
few years later, he and his associates and
accomplices were sentenced as criminals
by the judicial authorities of Paris.
- <
Do Vim llnvn Asthina
JTf yon do, you will be glad to ae®r that the
Kola pl-ant, foiiiml on itlie Congo river, west
Africa, is reported a ipvstive cure for the
disease. The Kolia Imperiling CoiTipany, 11(14
Broad way. New York, have Mich fa’.rh in this
new discovery, 'tihat -they iare son-ding out free
by mail targe uiivl cases of Kona Compound
'all sufferers tfivnn Astflima, who send their
name and -address on a iposita! card. Write to
t hem.
A DEMOIM IN' TAMPA
Who Enticed Little Girls Into His
Shop mid Assaulted Thein.
Tampa, Fla., January 7.—(Special.)—There
is likely to be a lynching here before morn
ing, or within a week any way, if the courts
do not take prompt action. An old shoe
maker, named Fraser, was arrested about
midnight charged with criminally assault
ing five little girls from nine to thirteen
years old, whom he enticed into his shop
by gifts of money. One of the girls con
fessed last night to her mother, who had
been suspicious since Wednesday of some
thing wrong and was endeavoring to gain
proof. The child's stepfather, C. M. Clin
ton, at once informed the police and Fra
ser was arrested without a warrant and
put in the city jail. A warrant was sworn
out this morning when he was removed at
once to th? county jail. The officers sup
pressed the facts today as much as possi
ble, with the intention of securing imme
diate trial in the circuit court tomorrow.
A preliminary hearing will be held Mon
day before County Judge Harrison. Men
have been.heard to say that if the facts
are then developed to justify it Fraser will
stretch rope without further formalities.
Fraser is about sixty-five years old and
came here one year ago from Memphis.
He kept a small cobbling shop on Polk
street. One room he rented io a small deal
er in merchandise. This led to his detec
tion. Neighbors became suspicious of Fra
ser’s actions and especially of free gifts
of nickels to little girls who passed to and
fro, and several persons are said to have
been eye-witnesses of his guilt through a
crack in a portion of the wall.
Fraser stoutly denies the charge. IBs •]
stout denial, his quiet arrest and transfer-’
to the county jail and the proximity of t
circuit court session have stood .him? irr
stead so far, but <!,. r-.t?
guessed. Little faith is placed in his deni
al. as three girls have confessed. Only one
of them—the ten-year-old daughter of Doty
Thompson, captain of the steamer Mistle
toe —has a living father. Two, aged eleven
and thirteen, are stepdaughters of W. M.
Whaley, a carpenter; one of nine years,
stepdaughter of C. M. Clinton, a carpenter,
and the fifth is the eleven-year-old child of
Mrs. Taylor, a widow with three children,
who earns a scant living by sewing. .Mrs.
Taylor seems to feel it most deeply and last
night threatened in despair to kill herself.
For 512.n0
We have about one hundred copies of the
life and speeches of the kite Henry XV. Grady
and offer them in connection with' The Week
ly Constitution for 83.50. That is, will send
you the speeches of Mr. Grady and The
Weekly Constitution one year if you will send
us 83.50. The price of the speeches is 83.50,
so by taking the two you get the paper one
year" free. It must be understood that we
have only about one hundred copies and, of
course, the first come will be first served.
Sen 1 your order at once to The Constitution,
Atlanta, Ga.
DEAD IN HIE WOODS
Where Ho Had Been Brutally Murdered by
His ion an Bobbed.
Birmingham, Ala., January 7.—(Special.)—
Some negro children found the dead body
of a handsome young man neatly dressed
in United States cavalry uniform in some
dense woods near - the southern outskirts
of the city this morning. Papers in his
pockets indicated that the man’s name was
Eugene Walker; that he was a sergeant in
Company H Sixth Nebraska cavalry. He
had evidently been murdered, as his pockets
were found to have been rifled. Two pistol
balls had entered just behind his left ear
and powder burns attested that the weapon
had been placed against his head.
Eugene Byars, a desperate character, I
identified the body as that of Eugene Walk- I
er, a cousin of his. He said Walker was
en route to his father’s home in Eldridge,
Walker ocunty, on a furlough. Walker had
stopped over to spend a few days with rela
tives here. Byars said he had left him
about dark last night in the city. Byars
was under the influence of whisky and talk
ed too much. He was arrested on suspicion.
Later a street car driver stated that the
dead man and Byars had left the city on
his car shortly after dark last night. Both
were drinking. They got off at a point
opposite the scene of the murder and started
into the woods. Pistol shots were heard
in the neighborhood shortly afterward.
Appearances indicated that the victim and
the murderer drank and smoked together
just before the commission of the deed,
and that when Walker got drunk his com
panion murdered him and robbed him of j
his money’ and watch.
The absence of any weapon on the scene
dispels the theory of suicide. Walker was
about thirty years old and unmarried. By
ars. has been defendent in several murder
cases, hut has escaped conviction in the
past. He pleads innocence.
HOWARD’S * JAIL LIFE.
HefSiiiKs Hie Popular Songs of the
llnj.
Jackson. Tenn., January 10.—(Special.)—
Rev- G. F. B. Howard, of claim agency
fame, is still at the county jail. He has
the f ’aedom of the corridors, and his wife
spends the days with him. He has plenty
ot’ opportunity to converse with his wit
nesses who are confined in jail awaiting
the special term of the federal court in
February. The government is getting its
evidence ready by’ that time. Howard seems
cheerful, and hums the popular airs of the
day as he walks up and down the jail
corridor. A great many visitors apply for
admission, but the sheriff only admits mem
bers of his family. It is said Howard will
write a book on his life.
ACCIDENT TO AN AEftONAI T.
Her Pnrncliute StriKes a Tree and She
Was Badly Injured.
San Antonio, Tex., January 7. —Miss Stella
Robbins, the widely known aeronaut, met
with probably a fatal accident here this
evening. She has been giving Sunday after
noon ascensions here for the past few
weeks, and this afternoon started on her •
usual voyage from San Pedro park. The
balloon arose to a height of about two
thousand feet, when Miss Robbins let her
self drop wilh the parachute. The para
chute opened, but the wind carried it
downward with great rapidity, and it
struck a. large tree with its burden with
terrific force. Miss Robbin's right leg was
broken, and she received internal injuries
which will probably result fatally.
A VALUABLE FIND.
THE SECRETARY OF STATE COMES
ACROSS AN ANCIENT PACKAGE.
Governor Brown Conld Not Find It—Good
Food for Future Historinns—Georgia’s
Old Seal of State—lndian Lore.
Several days ago General Phi! Cook, in
relating some incidents about the old capi
tol, mentioned the fact that Governor
Joseph E. Brown,’in his report to the.as
sembly when the ordinance of secession
was pending, said:
"I am unable to find the original docu
ment passed by Georgia ratifying the decla
ration of independence, and I shall be
forced to read from a copy which was pub
lished in The Federal Union.”
"Last week,” remarked General Cook, "by
chance I discovered that document, which
Governor Brown could not find in 1861. It
was in that old box over there in the
corner. Some other old papers of great
interest were tied up with it, which I don’t
suppose had seen the light of day for many
a year.”
Sure enough, there was the bundle of o’.d
papers, musty, moth-eaten and faded, tied
together with a dingy, blue ribbon and
sealed with wax which once was red;
papers over which the historians of Geor
gia would have gloated with goulish glee
and which would have caused the antiqua
rian and relic-hunter to dance with delight.
There were several primitive constitutions
War/ i \ ml
T r F \ 1
1 / j
wl* J JsJ
. THE OLD SEAL OF STATE.
of Georgia in manuscript, agreements with
the Indians, addresses to them and from
them, all "signed, sealed and delivered.”
Other papers told of the ceding of certain
tracts of land by the Indians to the set
tlers, and one which had the old wax seal of
South Carolina dangling from it, defined the
boundary between that state and Georg ■«.
Across the back of this was written the
signature of General Pinckney.
The Old Seal of Stale.
Perhaps the most interesting thing about
the old bundle was a wax seal of Georgia
which hung from one of the old constitu
tions of the state. It is radically different
from the present seal of Justice, Wisdom
and Moderation. Some of the figures are
blurred and the tooth of time has gnawed
off a letter or two in the mottoes but a
good idea of it is given in one section of the
constitution to which it is attached and
which provdes: “The great sea of state
shall be the following device: On one side
a scroll whereon shall be engraved ‘The
Constitution of the State of Georgia’ and
the motto ’Pro bono publico;’ on the other
side an elegant house and other buildings,
fields of corn and meadows covered with
sheep and cattle, a river running through
the same, and on it a ship in full sail, and
the motto, ‘Deus nobis heac otia fecit.’ ”
There are other noteworthy provisions in
this ancient constitution.
Section 5 states: “The representatives
shall be divided in the following manner:
Ten members from each county as herein
after directed except the county of Liberty,
which contains three parishes, and that
shall be allowed fourteen. The ceded lands
r y>rtli of the Ogeechee shall be one county,
a ; 4vu js the county of Wilkes. Tne parish
,‘r St. Paul shall be another county and
known by the name of Richmond. The
parish of St. George shall be another coun
ty, known as the county of Burke.” and
so it goes, the parishes of Christ Church,
St. Matthew, St. John, St. Patrick and St.
Mary’s becoming- respectively the counties
of Effingham. Chatham. Liberty, Glynn and
Camden. This constitution was adopted by
the state in 1777.
Gi-org in’s Dec larn t ion.
Next to this paper was the document
to which Governor Brown referred. The
moths had played sad havoc with
it, and upon opening it the car
cases of several well-pre”•’■/zed
rolled out on the table. The ink had faded
into a dim yellow and the handwriting
was scarcely legible.
Here is the way it reads: “State of Geor
gia in convention, Wednesday, the vea’ of
our I.ord one thousand seven hundred and
eighty-eight.
"We, the delegates of the state of Geor
gia in convention assembled to take into
serious consideration the federal constitu
tion agreed upon and proposed by the Unit
ed States in general convention held in the
city of Philadelphia, in the year of our
Lord one thousand seven hundred and
eighty-seven, and ratified and adopted in
these presents, do, in virtue of the powers
given us by the people of Georgia and our
worthy constituents fully and entirely as
sent to ratify and adopt the said constitu
tion as herein annexed, and under the great
seal of state. Done and executed in the
city of Augusta, in the said year of our
Lord, on the same day. In witness where
unto we have subscribed our names. Sign
ed.”
Then follows a long list of names from
the different representatives of each coun
ty, all written in big scrawling- letters,
and decorated witli a profusion of flourishes.
After the names comes the declaration of
independence. This old record, if nothing
else had been found, woull make the d -
covery valuable, but in addition to this
the bundle contains some papers, all in
manuscript, relative to the troubles our
forefathers had with the rod man.
In this day of the dollar and dude it is
difficult to realize the fact that things
have not always been as they are now;
and except for the fact that now and then
a stray arrow-head is picked up in some
old field, or a stone hatchet unearthed, we
would be loath to believe, all assurances of
historians to the contrary, notwithstanding
that our state was one vast stretch of
primeval forest, where the festive savage
made the woods ii" rry with his wnrvir .>>
and tomahawk. There is potent evidence,
however, in the office of the secretary of
state just now.
An Eloquent Spe<‘cli.
It is a well-known historical fact that
"Georgia for meritorious services rendered
in the revolutionary war. gave as a testimo
ny of her respect 20,000 acres of land to
Count d’Estaing.” Thus far does history
go and no farther. But the papers in that
old package give word for word the speech
of Governor Elbert asking the Indians for
this big tract of land, and the speech of
the Indian chief in reply. The language
Sq. GIVE NO QUARTER
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is quaint and fascinating. Governor Elbert
spoke like this:
“Friends and Brothers: You know that
our country has been for some time past
engaged in a very bloody war with the
king of Great Britain, who wants to
make us, our women and children slaves,
and when they found they could not conquer
us by themselves, they forwarded others to
assist them and take up the hatchet against
us; that many of our women and children
have been killed; we have been drove from
our houses, our houses burnt, many of
from us, so that we are made very poor.
But the great Master of earth was always
our friend. By His assistance we have
drove our enemies away from our country,
and then they found they could not con
quer us and asked for peace—and now,
brothers, we are happy to inform you that
we have made peace with them; that the
French, Spanish and Hutch have made
peace, and all have taken hold of the
great chain of friendship, and settling this
peace it is agreed that, the Spanish have
the east artd west Florida.
“Friends and brothers, we have always
told you the truth, and what we tell you
now is true. Consider what we say, for you
ate a wise and knowing people. Whilst
i the war continued heavy upon us we were
j obliged to send our brethren to the north
ward for our great men and many of our
i warriors to assist us in fighting our battles.
They came and they fought by our sides
and we promised them that when the war
was over they should have some land fur
themselves to set down upon and plant.
The land which we speak ot is that which
our great warrior, General Pickings, spoke
to you about.
“Friends and brothers, consider what we
ask. We will give you goods. The great
ships are daily a-coming to us wilh goods
over the great waters, where all is peace.
"We rejoice in this day that will surely
make glad the hearts of the gray-headed
men and women of your nation and our
nation. Now we may eat out of tin- same
dish, drink out of the same cup and have
an open path through the forest for you
and us, burying the hatchet so deep that
the evil spirit may never dig it up again,
and with it bury all the blood Inal has
been spilt between us.”
Then Tarpin, son of the great warrior,
holding a string of wampum in his lian*l,
said:
"We have held our ears anil listened to
the talk, O great chief, and I come this
day to meet you and your beloved that
peace may be restored, and our hearts made
glad. .1 am happy to see the warriors of
my nation and your nation setting down
together smoking the pipe of peace, hold
ing each other fast by tne hand, and high
by the arm, which is the wish of my heart,
and may it last as long as the sun shines
and the waters run. We have been long
astray and the path between us stopped
and we extend this belt that it may again
be cleared and we may travel again through
the forest to see our brethren as our fath
ers did, while we hold it by one end and
you bj’ the other.”
The VJiir-Wiiiniiii of Chain.
"After Tarpin. son of the great warrior,”
the old chronicle goes on to stale, “had
spoke, the war woman of Chata said: ‘I
am fond of hearing that there is peace. I
hope you have taken us by the hand in real
friendship. I have a pipe and a little to
bacco to give to the white man to smoke
in friendship. 1 am old, but 1 hope to bear
children who will grow up an<J light for
your nation and my nation. And may my
people and your people hold each othr-r fast
by the hand and high by the arm as long
as the rivers run and the sun shines.”
But alas, for the old war woman of
Chata! If she could gaze from the happy
hunting- grounds what a change she would
find had come o’er the spirit of iter dream.
There are other papers and documents of
more than casual interest over which one
could ponder and meditate for hours, but
suffice it to give one more document which
is of interest because of its sanguinary
tone. It reads as follows:
“Georgia.—Articles of a Treaty of Peace,
Amnesty and Commerce, concluded near the
mouth "?f the Shoulder Bone creek, a 1.r.-.ncb
of the Oconee river, the 3d day of Novem
ber, in the year of our Lord one thousand,
seven hundred and eighty-six, and the in
dependence of the United States of Amer -
ea. the eleventh, between the subscribing
commissioners in behalf of the sta e of
Georgia, of the one part, and the underwrit
ten kings, headmen and warriors, in be
half of the Creek nation on the other, on
the following conditions, namely:
"Whereas, Since the signing- of the last
treaty held at Galphiton and dated the
twelfth day of November, one thousand
seven hundred and eighty-five, between
state and the kings, headmen and warriors
of the Creek nation, acts of hostility have
been committed by parties of Indians on the
inhabitants of the said state in violation
of the yxid treaty, whereby the friendship
and hat.nony so essentially necessary to
both parties have been greatly disturbed,
and.
"Whereas, The said parties are now mutu
ally desirous of renewing a treaty which
may comprehend such articles as may give,
satisfaction to the parties injured and re
store peace and friendship and commerce to
both, it is therefore commanded and agro "I
"First. The Indians for themselves, arid
the rest of the king's and headmen and war
riors of the Creek nation do hereby promise
/■ A
■ ' -4
I 777
THE OLD SEAL REVERSED.
and agree that six of their people who were
of the parties that murdered the same num
ber (say six) of the white inhabitants last
spring, shall be put to death in a manner
satisfactory to the person or persons whom
his honor, the governor, or ..ie commission
ers may send to see it done, and that the
white people who were the means of the
said murders being committed shall be re
mov’d from (he nation without del.-i.y.
“Second. Al! negroes, horses, cattle and
other property now in the nation and whi -h
were taken from the inhabitants of Georgia
shall be restored to siu-ii person or persons
as his honor, th-' governor, shall di -ect. .Ml
white other free people ;n file m-Hon w io
are held as prisoners or si ires shall also bo
delivered up to the aforesa.id per.mis.”
Then follows several specifications for the
punishment, of lawbreakers.
•‘ln witness where -f the parties have here
unto affixed their hand and seals the day
and vea: 1 before written. Sign.-I: John
Twiggs and Elisha Clarke, commissioners
for the state; O-po-the-le-tha, king; Ke
mul-gee, headman; M.ul-ne-ha-no, Fat King,
Mad I-'ish, Ogoloogee and 1-ham-a-tu-ha-ha,
warriors for the Creeks.” Opp >sito each
of the Indian’s name.- is a long black line
which is meant for the red man’s mark.
These papers, which General Cook has
found, will prove a source of valu
able information for future histo
rians. fie lo >ks upL' i them sacredly
and regards them with all the reverence due
their age and importance.
ALFRED C. NEWELL.
Bsyphilissß
MAGIC CYPHILENE.
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Mention The Constitution.
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Mention The Constitution.
he OWEN
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