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ABSTRACT Recognition of minority groups, their general and educational ideals: Is there another way out? The history of most countries, including those regarded as relatively culturally homogeneous, has demonstrated that practically all of them are composed of minority groups and that many of these groups struggle for survival. "Cultural" groups, such as age, interest, socio-economic and gender groups, provide their own quota of problems for educational planners, but are not as politically encumbered as others, such as ethnic and religious groups. In a social democracy as in South Africa where the rule of law reigns supreme, the interest and future existence of minority groups are often overlooked by the majority. In some cases, their cultural and linguistic needs and interests are symbolically entrenched in the Constitution, but these measures are often nullified, for instance through Constitutional Court decisions. Such actions on the part of the powers that be explain why minority groups in South Africa and elsewhere are displeased with the ways in which they are being hampered in their efforts to develop their unique identities. Tensions of this nature are clearly observable in South Africa and elsewhere. The recent referendum in Scotland, the tensions in Catalonia and the treatment of the Dalai Lama, the spiritual leader of Tibet, at the hands of South African authorities attest to the topicality of the problem. On the one hand, we have the various minority groups with a number of legitimate claims, among others for a measure of independence and self-assertion, grounded in a unique interpretation of social justice and in an appeal to the Constitution of the country. On the other hand, they form part of a larger community structure in which equality and non-discrimination reign as supreme national values. The national government, as representative of the larger community, also appeals to social justice, as embodied in the Constitution. The end result is a conflict of opinions and ideals, each based on an interpretation of social justice. The onus to find a solution for the resolution of the tension lies with the various minority groups, and not with the government as representative of the majority. In fact, many governments find the constant complaints of minority groups rather irritating. The irritation is intensified where a minority group is able to provide in its own needs, and hence can refuse to align itself with the general value system of the majority community. The question therefore arises: What can minority communities do in these circumstances? How can they take charge of their own interests, needs and future existence? The fact that minority rights have been entrenched in international treatises such as the International Covenant on Civil and Political Rights (1966) of the United Nations, and the European Union's Charter of Paris for a New Europe (1990) does not really help because their stipulations are regularly flouted by majorities. A minority group is described in these documents as a numerical minority which aims at preserving and developing its unique characteristics in its country. The rights of minorities can be summarised as "respect for human dignity as individuals and communities" which leads to "treating equals equally and unequals unequally". The educational rights of minorities are likewise entrenched in two documents, namely the Convention against Discrimination in Education (1960) of Unesco, and the United Nations Convention on the Rights of the Child (1990). These documents stipulate that minorities are entitled to education equivalent to that of majority groups, that the erection of separate educational institutions may not be regarded as discriminatory, and that parents / guardians have the right to determine what is best for their children. The same rights are entrenched in the South African Constitution. As stated above, minorities have to assume responsibility for protecting their own rights. The central claim of this article is that a recent epistemological development, namely post-post foundationalism, can assist them in this regard. After a brief discussion of foundationalism in the form of Rationalism and of the post-foundationalism that has risen in response to foundationalism, it is concluded that neither of these orientations provides a suitable vantage point for the protection of minority rights. A foundationalist orientation seems to be too imperialistic and deterministic to be of any value to a minority group and also to the entire community of which a minority group forms part. Such a group tends to control and dominate because it supposes itself to be the voice of reason. The post-foundationalistic orientation, on the other hand, is shot through with indeterministic views and is relativistic as far as its view of values is concerned. It is also inconsistent in that it avoids any universalistic statements, except its own claim that all values are relative. Because neither of these orientations can successfully serve as a basis for a minority group to work towards the recognition and actualisation of its values and aspirations, a third way had to be found. Such a third way has surfaced since the 1990s in the form of post-postfoundationalism, i.e. an orientation that follows after post-foundationalism. The key feature of post-post-foundationalism is that it attempts to steer through between the extremes of foundationalism and post-foundationalism. The latter tends to overlook the need for a minority group to occasionally make justifiable and firm universally legitimate claims (which may be refuted, of course). Post-post-foundationalism does not regard a foundation as absolutely, reasonably, finally and universally true. While it rejects the notion of working with grand narratives, it is prepared to recognise the need to resort to firm values, which it assumes can also change with time, as life-concepts tend to do. Put differently, foundations are not so much in the foreground as playing a role in the back of the minds of individuals and groups. Since post-post-foundationalism is a common sense approach, it enables minority group strategic planners to find a way for a minority group to remain true to its value foundation while remaining flexible and adaptable in order to find a niche for itself in the broader community of which the group is a part. In doing so, a minority group can remain true to its own ideals and aspirations and also become and remain a valuable part of the larger community. OPSOMMING 'n Oorsig oor die stand van sake met betrekking tot die onderwysideale en -voorsiening van minderheidsgroepe lei tot die gevolgtrekking dat daar 'n onvermydelike spanning bestaan tussen die ideale en sieninge van minderheidsgroepe en dié van die meerderheidsgroep in die samelewing, en dus dat die verantwoordelikheid op 'n minderheidsgroep lê om 'n weg uit die impasse te vind.Drie sulke weë word ondersoek, naamlik fundamentisme, postfundamentisme en postpostfundamentisme. Omdat die eersgenoemde te imperialisties, rasionalisties en deterministies, en die tweede te relativisties bevind is, word aandag aan die derde bestee. Hierdie oriëntering word gekenmerk deur sy strewe om tussen die uiterstes van die eerste twee benaderings deur te stuur, en verder ook deur sy gesonde verstand-benadering. Weens die epistemologiese ewewigtigheid daarvan kan die post-postfundamentistiese benadering vir minderheidsgroepstrategiese beplanners 'n waardevolle oriënteringspunt wees. ; http://www.scielo.org.za/scielo.php?script=sci_serial&pid=0041-4751&lng=en&nrm=iso

New data on highway stops and searches from across the country have spawned renewed debate over racial profiling on the roads. The new data reveal consistently disproportionate searches of minority motorists, but, very often, an equal or lower general success rate – or "hit rate" – associated with those searches. Economists are developing new models of racial profiling to test whether the data are consistent with policing efficiency or racial prejudice, and argue that equal hit rates reflect that the police are maximizing the success rate of their searches. Civil liberties advocates are scrutinizing the same data and, in most cases, reaching opposite conclusions. They argue that equal hit rates merely reflect similar offending patterns by race and thus that the disproportionate searches are racially biased. Meanwhile many constitutional commentators decry racial profiling on the highways as "plainly unconstitutional," while courts draw technical legal distinctions to easily dispose of civil suits alleging racial profiling on the roads. The debate over racial profiling on the highways is becoming increasingly empirical, technical, and engaged. It is also focusing increasingly on the issue of policing efficiency. The problem is, the debate is asking the wrong question and tracking the wrong statistic. The key question is not whether racial profiling maximizes the success rate of searches, and the key statistic is not the comparative hit rate by race associated with those searches. Instead, the key question for purposes of the empirical, policy, and constitutional analyses is: What are the conditions under which it is justifiable to use race in policing? The key statistics, it turns out, are the comparative elasticities of offending to policing and the relative offending rates of the different racial groups. When we pose the right question properly, it becomes clear that both sides of the debate have it wrong: the use of race in police searches is neither plainly unconstitutional nor simply efficient. Racial profiling on the highways can be justified as an effective law enforcement tool or, from a constitutional perspective, as a narrowly tailored policing technique that promotes a compelling governmental interest in law enforcement if the following three conditions are satisfied: (1) racial profiling has a long-term negative effect on the profiled crime, (2) while increasing the efficient allocation of police resources, (3) without producing a ratchet effect on the profiled population. These three specific conditions will only be satisfied in certain identifiable situations of comparative elasticity and offending as between racial groups. Under these narrow conditions, race can constitutionally be used in policing to advance a traditional law enforcement interest in combating crime. There may be other non-law enforcement interests that warrant using race in policing as well. There may be a compelling interest in having a prison population that reflects more accurately the demographic distribution of the offending population, or even of the population as a whole. There may be a compelling interest in combating crimes committed against historically disadvantaged groups. But with regard to the traditional law enforcement interest of fighting crime, race can only properly be used under these three narrow conditions. Race in this criminal justice context should not be treated differently than in other contexts, such as education or employment. If racial profiling satisfies the three narrow conditions, then opposition to racial profiling should be based on the grounds of affirmative action: because of this country's institutional history of racism, or in order to achieve a more balanced carceral population, or for other compelling reasons, the police should endeavor to minimize the minority representation in prison by profiling white offenders. Conversely, if racial profiling does not satisfy any one of the three conditions, then racial profiling should be conditioned on compensating innocent minority motorists who are searched for wasting their time, for diminishing their dignity, and for inflicting emotional harm. If one of the conditions is not satisfied, innocent minority motorists are being used for other purposes – for example, to increase search success rates regardless of a ratchet effect – and they should be compensated for the taking. As an empirical matter, it is fair to speculate, drawing reasonable inferences from other data sources, that minority motorists may have slightly lower elasticity of offending to policing because of diminished job opportunities and other market alternatives, and slightly higher offending rates because of drug trafficking patterns. As a result, racial profiling on the roadways may increase the overall costs to society, including the amount of profiled crime, and likely produces a ratchet effect on the profiled population, resulting in a greater disproportion of minority arrests or negative contacts with the police over and above any possibly higher offending rate. This is going to have significant repercussions on minority motorists: it is likely to more unevenly distribute criminal records, supervision, and post-punitive collateral consequences, and to significantly boost the public perception that minorities are drug users and drug dealers. Racial profiling on the highways, accordingly, is poor crime policy and, because of the ratchet effect, is not narrowly tailored to the governmental interest in law enforcement. Given that no federal or state agency has attempted to establish the three narrow conditions under which race could properly be considered in policing, the practice of racial profiling on the highways should be considered presently unconstitutional. The important point is, however, that racial profiling on the highways is presently unacceptable not because of any per se constitutional bar on using race in police searches, but rather because of the mathematics of criminal profiling. The central problems with racial profiling – possible adverse long-term effects on the profiled crime and probable ratchet effect – are problems about criminal profiling in general, not about race. The same problems may infect any type of criminal profiling, whether of minorities for drug possession, of the wealthy for tax evasion, of single mothers for welfare fraud, or of white males for domestic terrorism or serial murder. To be sure, the ratchet effect is most disturbing when it plays on race, as well as gender, social or family status, class, or wealth. The ratchet effect violates a core principle of punishment theory, namely that anyone who is committing the same crime should face the same likelihood of being caught, and that race, gender, class, or status should not affect that equation. But both the ratchet effect and the long-term effect on the profiled crime are phenomena that may undermine any scheme of criminal profiling. In this sense, the debates over racial profiling on the highways should make us reexamine our views on the larger question of criminal profiling more generally.

Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays noth­ing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, ab­solutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favor­ite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian lan­guage." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in north­east Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Town­ship in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European popula­tion in Arkansas was the main cause for the vulnerability of Euro­pean legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cava­lier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mis­sissippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, imme­diately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Fa­ther Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the dis­charge of their muskets. They then planted the column while re­peating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians cele­brated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Set­tled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusi­asm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUI­SIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Ca­nada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French set­tlement. 14 By then the French had evidently abandoned the Arkan­sas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisi­ana to its readers: Gold and silver could be mined there "with al­most no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others al­ready have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spo­ken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Li­brary). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writ­ers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCA­TIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Ar­kansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (conces­sionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occu­pied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insig­nificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas con­cession, both the colony and the military establishment were in con­siderable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Du­mont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkan­sas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, de­cided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government re­tained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Cou­tume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the com­mentary on it by the time of its adoption in Louisiana was volumi­nous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Loui­siana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclu­sive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addi­tion, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to ap­point the Superior Council, to name governors and military com­mandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legis­lation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of pro­bity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these lo­cal tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's coloniz­ing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts origi­nally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources sim­ply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved worka­ble in remote places like Arkansas to assemble a multi-member ju­dicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illi­nois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLO­NIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial func­tions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained ex­posure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he di­rected to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained iden­tical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisi­ana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men com­manded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of condi­tions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Col­ony with a sway as absolute as that of the Pasha of Egypt, and judg­ed civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible read­ing it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkan­sas commandant's judicial jurisdiction was not necessarily as exten­sive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Ar­kansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieu­tenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distri­bution to the petitioner's son-in-law and daughter who had the pre­vious May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had nar­rowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 Octo­ber, 1743, he would inventory the "real and personal property de­rived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have in­dependent appraisers present to insure the impartiality of the inven­tory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1s­SIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all mov­ables (personalty), belonging to a husband or wife, whenever ac­quired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Cou­tume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their prop­erty; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the comman­dant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval Euro­pean ecclesiastical courts, the notary developed into a nonconten­tious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an im­portant aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the six­teenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obli­gations (or bonds), and they gave a certain amount of low-level le­gal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time con­cerned themselves mainly with drafting documents relevant to inter­national trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep common­law attorneys from competing, and in 1804 parliament made con­veyancing the monopoly of the regular legal profession.62 In con­trast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to vol­untary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fu­srim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial con­tracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased per­sons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orle­ans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inven­tory, it is reasonably clear that there was no provincial notary resi­dent at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European pop­ulation to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfort­ably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was at­tacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habi­tant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the comman­dant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to de­sert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relo­cated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own ex­pense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Ar­kansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigen­cies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkan­sas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the le­gal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had re­turned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws cap­tured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Eng­lishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to un­dergo punishment for his crime." Evidently the soldiers were claim­ing this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the cus­tom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-­revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly main­tained that "the sole purpose of his journey was to obtain the par­don of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatso­ever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to sat­isfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in ad­dition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific de­terrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his par­don was directed to the Council. Interestingly, though Berryet ad­mitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Ber­nard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The transla­tion is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommo­date an important ally. Faithful adherence to legal principle some­times had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some or­der to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eight­eenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdic­tion exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is prob­able that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the docu­ment under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mis­sissippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This fea­ture came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instru­ment. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the comman­dant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on Janu­ary 6, 1752. Marriage contracts have no exact parallel in common-law prac­tice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their expla­nation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in mar­riage contracts executed in accordance with eighteenth-century Pari­sian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ec­c! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a dec­laration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provi­sion. The dowry brought to the marriage by the wife was next re­cited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to cele­brate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Cus­tom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Par­ties were allowed in Louisiana to contract almost any property ar­rangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the cus­tom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one rea­sonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkan­sas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophistica­ted and rudimentary.91 It contained only a promise to marry regu­larly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settle­ment was, then, it is nevertheless clear that at least some of its peo­ple were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Cana­dian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the sur­vival of civilian legal form in so remote an outpost of empire. Obvi­ously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous loca­tion. Arkansas Post, moreover, over the years experienced an ex­treme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkan­sas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present loca­tion of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Missis­sippi. The location delayed convoys and Governor Vaudreuil ex­pressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon oc­curred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Lays­sard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural commu­nity of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period con­sisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indi­ans." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAV­AGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Type­script in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was en­closed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and com­merce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mis­sissippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discour­agement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois le­gal procedures have generally been afforded a more cordial accept­ance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and Euro­pean legal culture. But the few legal records that chance has al­lowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Fa­ther Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The com­munity property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resi­dent of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vau­gine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisi­ana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second mar­riage contract, passed by Detrepi in 1764, was prelude to her mar­riage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and intercon­nected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regu­lated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Ma­rino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres sin­gled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with con­tempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained them­selves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European popula­tion in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Ar­kansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkan­sas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exer­cised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Ar­kansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say

Publisher's version (útgefin grein) ; Genome-wide association studies (GWAS) have transformed our understanding of susceptibility to multiple myeloma (MM), but much of the heritability remains unexplained. We report a new GWAS, a meta-analysis with previous GWAS and a replication series, totalling 9974 MM cases and 247,556 controls of European ancestry. Collectively, these data provide evidence for six new MM risk loci, bringing the total number to 23. Integration of information from gene expression, epigenetic profiling and in situ Hi-C data for the 23 risk loci implicate disruption of developmental transcriptional regulators as a basis of MM susceptibility, compatible with altered B-cell differentiation as a key mechanism. Dysregulation of autophagy/apoptosis and cell cycle signalling feature as recurrently perturbed pathways. Our findings provide further insight into the biological basis of MM. ; In the United Kingdom, Myeloma UK and Bloodwise provided principal funding. Additional funding was provided by Cancer Research UK (C1298/A8362 supported by the Bobby Moore Fund) and The Rosetrees Trust. M.W. is supported by funding from Mr Ralph Stockwell. A.S. is supported by a clinical fellowship from Cancer Research UK and charitable funds from the Royal Marsden Hospital. N.W. was supported by the National Institute of General Medical Sciences of the National Institutes of Health under Award Number P20GM125503. This study made use of genotyping data on the 1958 Birth Cohort generated by the Wellcome Trust Sanger Institute (http://www.wtccc.org.uk). We thank the High-Throughput Genomics Group at the Wellcome Trust Centre for Human Genetics (funded by Wellcome Trust grant reference 090532/Z/09/Z) for the generation of UK myeloma OncoArray data. The BCAC study would not have been possible without the contributions of the following: Manjeet K. Bolla, Qin Wang, Kyriaki Michailidou and Joe Dennis. BCAC is funded by Cancer Research UK (C1287/A10118, C1287/A16563). For the BBCS study, we thank Eileen Williams, Elaine Ryder-Mills and Kara Sargus. The BBCS is funded by Cancer Research UK and Breast Cancer Now and acknowledges NHS funding to the National Institute of Health Research (NIHR) Biomedical Research Centre (BRC), and the National Cancer Research Network (NCRN). We thank the participants and the investigators of EPIC (European Prospective Investigation into Cancer and Nutrition). The coordination of EPIC is financially supported by the European Commission (DG-SANCO) and the International Agency for Research on Cancer. The national cohorts are supported by: Ligue Contre le Cancer, Institut Gustave Roussy, Mutuelle Générale de l'Education Nationale, Institut National de la Santé et de la Recherche Médicale (INSERM) (France); German Cancer Aid, German Cancer Research Center (DKFZ), Federal Ministry of Education and Research (BMBF) (Germany); the Hellenic Health Foundation, the Stavros Niarchos Foundation (Greece); Associazione Italiana per la Ricerca sul Cancro-AIRC-Italy and National Research Council (Italy); Dutch Ministry of Public Health, Welfare and Sports (VWS), Netherlands Cancer Registry (NKR), LK Research Funds, Dutch Prevention Funds, Dutch ZON (Zorg Onderzoek Nederland), World Cancer Research Fund (WCRF), Statistics Netherlands (The Netherlands); Health Research Fund (FIS), PI13/00061 to Granada, PI13/01162 to EPIC-Murcia, Regional Governments of Andalucía, Asturias, Basque Country, Murcia and Navarra, ISCIII RETIC (RD06/0020) (Spain); Cancer Research UK (14136 to EPIC-Norfolk; C570/A16491 and C8221/A19170 to EPIC-Oxford), Medical Research Council (1000143 to EPIC-Norfolk, MR/M012190/1 to EPIC-Oxford) (UK). We thank the SEARCH and EPIC teams which were funded by a programme grant from Cancer Research UK [A16561] and supported by the UK NIHR BRC at the University of Cambridge. We thank Breast Cancer Now and The Institute of Cancer Research (ICR) for support and funding of the UKBGS, and the study participants, study staff, and the doctors, nurses and other health care providers and health information sources who have contributed to the study. We acknowledge NHS funding to the Royal Marsden/ICR NIHR BRC. UKGPCS would like to thank The Institute of Cancer Research and The Everyman Campaign for funding support. The UKGPCS acknowledges The Prostate Cancer Research Foundation, Prostate Action, The Orchid Cancer Appeal, The National Cancer Research Network UK, The National Cancer Research Institute (NCRI), the NIHR funding to the NIHR Biomedical Research data managers and consultants for their work in the UKGPCS study and urologists and other persons involved in the planning, and data collection of the CAPS study. Genotyping of the OncoArray was funded by the US National Institutes of Health (NIH) [U19 CA 148537 for ELucidating Loci Involved in Prostate cancer SuscEptibility (ELLIPSE) project and X01HG007492 to the Center for Inherited Disease Research (CIDR) under contract number HHSN268201200008I]. Additional analytic support was provided by NIH NCI U01 CA188392 (PI: Schumacher). The PRACTICAL consortium was supported by Cancer Research UK Grants C5047/A7357, C1287/A10118, C1287/A16563, C5047/A3354, C5047/A10692, C16913/A6135, European Commission's Seventh Framework Programme grant agreement no. 223175 (HEALTH-F2-2009-223175) and The National Institute of Health (NIH) Cancer Post-Cancer GWAS initiative grant no. 1 U19 CA 148537-01 (the GAME-ON initiative). We would also like to thank the following for funding support: The Institute of Cancer Research and The Everyman Campaign, The Prostate Cancer Research Foundation, Prostate Research Campaign UK (now Prostate Action), The Orchid Cancer Appeal, The National Cancer Research Network UK, The National Cancer Research Institute (NCRI) UK. We are grateful for support of NIHR funding to the NIHR Biomedical Research Centre at The Institute of Cancer Research and The Royal Marsden NHS Foundation Trust. The APBC BioResource, which forms part of the PRACTICAL consortium, consists of the following members: Wayne Tilley, Gail Risbridger, Renea Taylor, Judith A Clements, Lisa Horvath, Vanessa Hayes, Lisa Butler, Trina Yeadon, Allison Eckert, Pamela Saunders, Anne-Maree Haynes, Melissa Papargiris. We thank the staff of the CTRU University of Leeds and the NCRI haematology Clinical Studies Group. The US GWAS was supported by a grant from the National Institutes of Health (P01CA055819). The German study was supported by the Dietmar-Hopp-Stiftung, Germany, the German Cancer Aid (110,131), the German Ministry of Education and Science (CLIOMMICS 01ZX1309), The German Research Council (DFG; Project SI 236/81, SI 236/)-1, ER 155/6-1 and the DFG CRI 216), the Harald Huppert Foundation and the Multiple Myeloma Research Foundation. The patients were collected by the GMMG and DSMM studies. The German GWAS made use of genotyping data from the population-based HNR study, which is supported by the Heinz Nixdorf Foundation (Germany). The genotyping of the Illumina HumanOmni-1 Quad BeadChips of the HNR subjects was financed by the German Center for Neurodegenerative Disorders (DZNE), Bonn. We are grateful to all investigators who contributed to the generation of this data set. The German replication controls were collected by Peter Bugert, Institute of Transfusion Medicine and Immunology, Medical Faculty Mannheim, Heidelberg University, German Red Cross Blood Service of Baden-Württemberg-Hessen, Mannheim, Germany. This work was supported by research grants from the Swedish Foundation for Strategic Research (KF10-0009), the Marianne and Marcus Wallenberg Foundation (2010.0112), the Knut and Alice Wallenberg Foundation (2012.0193), the Swedish Research Council (2012–1753), the Royal Swedish Academy of Science, ALF grants to the University and Regional Laboratories (Labmedicin Skåne), the Siv-Inger and Per-Erik Andersson Foundation, the Medical Faculty at Lund University, the Borås foundation for cancer research, and the Swedish Society of Medicine. We thank Jörgen Adolfsson, Tomas Axelsson, Anna Collin, Ildikó Frigyesi, Patrik Magnusson, Bertil Johansson, Jan Westin and Helga Ögmundsdóttir for their assistance. This work was supported by Center for Translational Molecular Medicine (BioCHIP), a clinical research grant from the European Hematology Association, an EMCR Translational Research Grant, a BMBF grant from CLIOMMICS (01ZX1309A) and FP7 grant MSCNET (LSHC-Ct-2006-037602). We thank the staff of the HOVON, as well as patients and physicians at participating sites. In addition, we also thank Jasper Koenders, Michael Vermeulen, André Uitterlinden and Nathalie van der Velde for their assistance. We are indebted to the clinicians who contributed samples to Swedish, Icelandic, Norwegian and Danish biobanks. We are indebted to the patients and other individuals who participated in the project. ; Peer Reviewed

This thesis consists of five chapters. The first three chapters form an entity and deal with stochastic contest models. The fourth chapter analyzes a problem of strategic experimentation with private payoffs. In the final chapter the behavior of agents with prospect theory preferences in optimal stopping problems is analyzed. Contests and tournaments appear in many real world situations, like sports, politics, patent races, relative reward schemes in firms, or (public) procurement. In a contest multiple agents compete for a fixed prize. The first two chapters of this dissertation analyze contest models in continuous time. Both are based upon joint work with Christian Seel. In the first two chapters we introduce a new type of contest model. In our model each agent decides when to stop a privately observed Brownian motion with drift. The processes of the different players are uncorrelated. The player who stops with the highest value wins a fixed prize. Each agent observes only his own progress, but not the progress or the stopping decision of the other players. As no deviations are observable we use Nash equilibrium as the solution concept. The model is similar to an all-pay auction with complete information as the payoffs of an agent depend only on the distribution of the stopped values of the Brownian motion of the other players. Hence the question which distributions can be implemented by stopping a Brownian motion naturally arises. This question is known in the probability theory literature as the Skorokhod embedding problem. Using insights from this literature we are able to construct an equilibrium and show uniqueness of the equilibrium outcome. Using a bound on stopping times derived in ? we are able to show in the second chapter that the equilibrium we construct is also the unique equilibrium if the contest ends at a fixed point in time – given this deadline is not to short. This result is important as many real world contests have a fixed deadline. From a technical point of view we provide a method to show that equilibria in an infinite horizon game are also equilibria in the finite horizon game given the time horizon is long enough. The next paragraph describes the applications of the model. The model of the first chapter can be used to analyze the competition between fund managers. Each fund manager decides when to sell a risky asset. The performance of the asset follows a Brownian motion with drift. Assets are uncorrelated among fund managers and might go bankrupt. The fund manager who makes the highest profit by selling his asset wins a fixed prize. We show that the model has unique Nash equilibrium outcome. In this equilibrium the fund managers hold the risky asset even if it yields losses in expectation, i.e. the drift of the Brownian motion is negative. We show that the expected losses incurred in equilibrium by the fund managers are non-monotone in the expected return of the risky asset. Losses are highest if the underlying assets yields only moderate losses. In the last step we analyze the asymmetric situation where two fund managers hold assets with different expected return (drift of the Brownian motion) and riskiness (variance of the Brownian motion). We prove that in the unique Nash equilibrium outcome the weaker fund manager makes up for his disadvantage by using more risky strategies. 1The second chapter focusses on Research and Development Tournaments. Each agent decides for how long to do research and pay the associated cost. The outcome of research is uncertain and described by a Brownian motion with drift. The research progress of different agents is uncorrelated. When all agents stop, the one who made the most progress, wins a prize. All agent have to pay the cost of their research. We assume that there exists a finite deadline at which all agents are forced to stop doing research. We prove that the game has a unique Nash equilibrium outcome. If costs per time are constant, and if the riskiness of the research process (variance of the Brownian motion) converges to zero the equilibrium outcome converges to the symmetric equilibrium outcome of the symmetric all-pay auction. As the symmetric all-pay auction has multiple equilibria, this result provides an equilibrium selection criterion in favor of the symmetric equilibrium. If the variance of the Brownian motion is strictly greater zero, i.e. the outcome of research is uncertain the predictions of our model are different from those of the all-pay auction. In equilibrium each agent makes positive profits, while in the all-pay auction the agents make zero profits. Furthermore we show that the profits of the agents are increasing in their costs and variance and decreasing in the drift. Hence the agents prefer to be in a situation where research is very costly, inefficient, and risky. This has possibly implications for many real world situations as the agents have incentives to make the designer choose inefficient research targets. The third chapter of this dissertation is joint work with Matthias Lang and Christian Seel. It provides a micro-foundation of the discrete-bid all-pay auction using a continuous time contest model. More precisely we analyze the model where each agent decides when to stop a privately observed Poisson process. The processes of the agents are uncorrelated and the stopping decision of other players is not observable. As long as an agent did not stop she pays constant flow cost. There exists a finite deadline where each agent is forced to stop. We show that if the deadline is long enough the distribution over final outcomes in any Nash equilibrium equals the distribution of bids in a discrete-bid all-pay auction. Chapter four is joint work with Paul Heidhues and Sven Rady and deals with a problem of strategic experimentation. Precisely, an optimal stopping game with an infinite time horizon is analyzed in which multiple players face an identical two-armed bandit problem. At all points in time, agents choose between the deterministic payoff of zero and a risky payoff whose distribution depends on the state of the world. In the bad state of the world the risky payoff is always negative, representing the cost of experimentation. If the world is in the good state, with a small probability an experiment is successful and yields a high payoff. Because a success can only happen in the good state of the world, it fully reveals the state of the world. Similar models analyzed in literature show a free-rider problem, which means that less than the socially efficient amount of information is acquired in all Markov perfect equilibria. This free-rider problem is a consequence of the ability of agents to observe each others payoffs, which results in information being a public good. We show that when payoffs are public information even in subgame-perfect equilibria, the ensuing free- rider problem is so severe that the number of experiments is at most one plus the number of experiments that a single agent would perform. When payoffs are private information and players can communicate via cheap talk, the social opti- mal symmetric experimentation profile can be supported as a perfect Bayesian equilibrium for sufficiently optimistic prior beliefs. 2Chapter five deals with optimal stopping under prospect theory preferences and is based upon joint work with Sebastian Ebert. While expected utility theory is the leading normative theory of decision making under risk, cumulative prospect theory is a popular descriptive theory. Expected utility theory is well-studied in both static and dynamic settings, ranging from game theory over investment problems to institutional economics. In contrast, for cumulative prospect theory most research so far has focused on the static case. In this chapter, we investigate cumulative prospect theory's predictions in the dynamic context and point out fundamental properties of cumulative prospect theory. We show that already a small amount of probability weighting has strong implications for the application of prospect theory in the dynamic context. More precisely we analyze the behavior of a naive agent with cumulative prospect theory preferences in continuous time optimal stopping problems. We prove that naive agent will never stop a non-degenerate diffusion process that represents his wealth. This holds for a very large class of processes, and independently of the reference point and the curvatures of the value and weighting functions. This dynamic result is a consequence of a static result that we call skewness preference in the small: At any wealth level there exists an arbitrarily small right-skewed gamble that a prospect theory agent wants to take. By choosing a proper stopping strategy the agent can always implement such a gamble and thus never stops. We illustrate the implications for dynamic decision problems such as irreversible investment, casino gambling, and the disposition effect.

The media guide aims at helping business journalists report on corporate governance and raise public awareness of the impact it has on businesses, shareholders, and the broader community of stakeholders. This report will help journalists develop clear and compelling stories that examine how a company is governed. It was produced by IFC's Global Corporate Governance Forum in partnership with the International Center for Journalists, an organization that advances quality journalism worldwide. Topics include the media's role reporting on corporate governance, how a board of directors functions, what financial reports reveal, and how to track down information that sheds light on a company's performance in an informed way.

Building upon research done by Carl J Richard, and Ricardo Herrera, this research paper will discuss how the Ancient Greek and Roman ideals that Alden Partridge was exposed to through his life growing up in close proximity to the time of the American Revolution and resulted in his development of a values based educational system that would produce citizen soldiers who would be able to serve their country both in the military and civilian sectors. ; Winner of the 2021 Friends of the Kreitzberg Library Award for Outstanding Research in the University Archives category. ; There is Nothing More Inherently American: How the rebellion of Alden Partridge and Greek and Roman influences lead to the rejuvenation of the American education system Alex Rollins Professor McCann HI 243 Historical Methods 4 December 2020 1 Alden Partridge believed that the future of the new American Republic would be secured or lost as a result of the education of its youth. Living in a time of great reform and turmoil in the first 50 years after the founding of the American Republic, Alden Partridge was subject to the same influences of the Founding Fathers: The Ancient Greeks and Romans. The ideals of the Ancient Greeks and Romans penetrated the core of the educational curriculum that most European men received in the late 18th and early 19th centuries and served as the catalyst for the fight against British tyranny in the American Revolution. Partridge was a product of Dartmouth College and the United States Military Academy at West Point and was a man that was so radical that he was removed from his position of Superintendent at West Point by a Summary Court Martial in 1818. Despite his humiliation at the United States Military Academy, Partridge still retained his passion of educating the American youth. Partridge made the decision to create his own institution, the American Scientific and Literary Academy in Norwich Vermont in 1819 which is now known as Norwich University. Building upon research done by Carl J Richard, and Ricardo Herrera, this research paper will discuss how the Ancient Greek and Roman ideals that Alden Partridge was exposed to through his life growing up in close proximity to the time of the American Revolution and resulted in his development of a values based educational system that would produce citizen soldiers who would be able to serve their country both in the military and civilian sectors. Partridge embedded the Ancient Greek and Roman principles of individual freedom, duty to state, civic virtue, and ardent patriotism in order to create an educational system that prepares 2 ndividual citizens and aimed to ultimately "qualify them for all of those high responsibilities resting upon a citizen of this free republic." 1 Alden Partridge was a product of the time in which he lived: The age of the early American Republic. Hailing from Norwich Vermont, Partridge was educated in the "neighborhood schools" surrounding the town.2 Partridge eventually gained admittance to Dartmouth College, where he was introduced into "the mainstream of intellectual thought of the eighteenth century."3 While attending Dartmouth, Partridge developed expert level proficiency in Latin and Greek classics, arithmetic, grammar, and reading in a colonial era grammar school.4 These schools were known for having a "uniformed and standardized" education that was centered around knowledge in Greek and Latin as those languages were seen as the keys to college admission at the time.5 Like most children at the time who attended these school, Partridge most likely received instruction in arithmetic, Euclid's books, became familiar with the works of Virgil, Horace, Homer, and Xenophon, and Cicero's orations. Partridge would have been bombarded with classical influences and would have most likely developed an appreciation for living a moral and virtuous life like most Greek and Roman works compel their audience to do. Partridge Despite being a gifted academic blessed with the ability to teach, Partridge was drawn towards service to his community in the militia. Desiring to follow in his father and uncle's footsteps, Partridge joined the Regiment of Artillerists and was ordered to attend the United States Military Academy at West Point in the years immediately following its founding in 1802.6 While at West Point Partridge received training in military engineering and gained such a 1 Norwich University Cadet Handbook, iii. 2 Baker, "The Partridge Connection", 1. 3 Baker, "The Partridge Connection", 1. 4 Baker, "The Partridge Connection", 2. 5 Gummere, The American Colonial Mind and the Classical Tradition, 55. 6 Baker, "The Partridge Connection", 3. 3 profound proficiency that he was later asked to instruct military engineering following his commissioning as an officer. He became proficiency in all aspects of military engineering, the employment of field artillery and infantry operations. While attending West Point, Partridge noticed several problems with the education system. Partridge wanted to ensure that a commission would only be given when one's studies are complete and thought that there needed to be tougher academic regulations to obtain a degree from the institution. Partridge contributed a great deal to West Point including introducing moral education and instruction in the application of living a life based off of the values of duty, obedience, and "morality, virtue and honor." 7 Alden Partridge excelled during his time instructing at West Point and took great strides to improve West Point in order to further the developments of the cadets and in his mind, ultimately secure the safety of the early American Republic. At the end of 1814, Partridge traveled to Washington DC to meet with Secretary of War Monroe about pushing more funding towards West Point and providing more support to the changes that he desired to make. When he returned to West Point however, Partridge found that "reports injurious to his reputation had been industriously circulated" and the faculty had begun to enact a plan to change the philosophy and overall purpose of West Point.8 These men included Andrew Ellicott, Jared Mansfield, and CPT David B. Douglass and their goals included to convert West Point into a civilian run school where the instructors would not be military officers.9 Their overall redesign of the institution included removing the Corps of Engineers as the primary operators of the school, introduce an entirely civilian staff, and to redesign the training process to prioritize developing engineers to serve the nation rather than military 7 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 203. 8 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 33. 9 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 51. 4 officers. 10 These three men pushed for Partridge to be court martialed under these 4 charges: 1.) Neglect and unofficer like conduct, 2.) Four accounts of unofficer like conduct that were to the "prejudice of good order and military discipline" for showing favoritism to cadets, 3.) Disobedience to orders for contradicting an order from a general officer and the President, and 4.) Mutiny, and the beginning and exciting mutiny.11 The Court martial which charged Alden Partridge of these crimes forced his departure from the United States Military Academy at West Point and serves as the mark of his new beginning as a civilian. After settling into civilian life, Partridge wrote President Monroe in November of 1820, "My employment since I left military service, I believe has been both honorable to myself and useful to my country and I now find myself placed at the head of a Seminary, founded by my own Exertions, and the first of the kind established in the United States-the Superintendency of which I hold, not at the option of any Human Being."12 This seminary is referring to the American Literary, Scientific and Military Academy, which became known as Norwich University. Partridge's Academy mirrored the educational background of the Ancient Greeks and Romans and was subjected to the influence of classical ideals of civic virtue, and duty to state that perpetrated educated men during the time of the Early American Republic. Partridge claimed that "In organizing the plan for this institution, I have taken for my guide, in part, the Constitution of the United States", a document filled with Roman Republican values.13 Partridge hoped to instill those values of duty to state and enthusiastically supported how the Constitution supported how all citizens should be used as a force to protect not only their own interests, but 10 Webb, Captain Alden Partridge and the United States Military Academy, 1806-1833, 52. 11 Baker, "The Partridge Connection", 89. 12 Baker, "The Partridge Connection", 109. 13 Baker, "The Partridge Connection", 138. 5 also serve as a vanguard against tyranny and control by elites. When the Constitution was written, it was the "time when the influences of the classics was at its height." 14 Drawing from their Classical education, the Founding Fathers relied heavily on the structure of the Roman Republic when designing the structure of the American experiment in liberty. The forefront of the Republican ideology that was present during this time was a counterculture movement against monarchical governments. The Founding Fathers were inspired by the stories of Sparta portrayed by Aristotle to "create a republic [established] on the natural rights of the citizen, even while urging the sacrifice for the common good."15 The Spartan state connected the concept of citizenship to the republican concept of duty to the state. Partridge, much like the Founding Fathers, admired "the Spartan's intense military training" which was the medium through which a Spartan citizen, much like an American one, carried out his duty to the state.16The Spartan State required all military aged males to undergo intense military training throughout the course of their youth because "individual Spartans could be conscripted by the state at any moment and could only be freed [from their duties] by the state" to return to society as normal citizens. Partridge followed a similar ideology within his citizen-solider concept that he wished to instill at his institution. Partridge believed that the American people should be "an informed people [who could] protect their liberties" which would be enabled through his scientific military instruction.17 Partridge also intended for his students to maintain a "Spartan life" which would force those students to focus on their studies both academically and militarily.18 14 Gummere, The American Colonial Mind and the Classical Tradition, 174. 15 Richard, Greeks & Romans Bearing Gifts, 23. 16 Richard, Greeks & Romans Bearing Gifts, 31. 17 Baker, "The Partridge Connection", 139. 18 Baker, "The Partridge Connection", 139 6 The Roman concept of citizenship lay in being an individual who held themselves to high moral standards, opposed corruption, defended liberty, and believed in their service to the state. Partridge held similar thoughts. In the 1820 prospectus for the A.S.L.M., Partridge outlined the classes that would meet his desired end state of creating model citizen-soldiers. Those classes included instruction in Latin and Greek, the sciences, History, logic, artillery gunnery, military tactics, and the ancient tactics of the phalanx and the legion to provide historical context as to how the US military has evolved while still retaining its classical influences. Partridge's citizen soldier concept was no doubt influenced by Cincinnatus, the Roman epitome of civic virtue and citizen-soldiery and the impact that he had on the Founding Fathers and the founding of the United States. Cincinattus was a Roman statesman who seized the reins of power to fight an invading army in a time of crisis and then voluntarily gave the up to return to his farm. Just as Patrick Henry believed that the fighters of the revolution were "sons of Cincinnatus…that served their country without ruining it", Partridge's institution would develop the same caliber of individual, who upon graduation would be postured to serve as a leader in the militia and his community.19 American soldiers in the years of the Early Republic embraced the ideas of liberty, citizenship, republicanism, and democracy. These ideals were utilized in the curriculum at Partridge's Institution which he linked to the aspect of serving in the military and helped develop as the corner stone of the military and overall American ethos. Partridge believed strongly in military service acting as the platform from which moral education is built on which aligns with the Roman principles of civic virtue and the Greek ideals of protecting individual liberty. Partridge sought to develop the American spirit which collectively resides in fighting 19 Richard, Greeks & Romans Bearing Gifts, 125. 7 tyranny as a soldier, and then having the ability to return to society after service to better the nation in a different capacity. Partridge was a devout believer in the fact that military service is "basic to the very definition of American Nationalism" and helped American citizens define their relationship to the American Republic.20 Partridge stated in his Lecture on National Defense that "The liberties of Romer were safe, while every Roman citizen considered and felt himself a soldier."21 Using the same logic, Partridge sought secure the liberties of the American citizen at his institution by placing the Citizen-Soldier concept as the cornerstone of his curriculum. While this idea of having a militia composed of individual citizens was the key to America's success in its revolt against Britain, it was not a popular idea at the time. In a correspondence on the subject of Partridge's Lecture on Defense between William Sumner the Adjutant General of the Commonwealth and John Adams, the former President of the United States, Sumner presents his distaste of having a organized militia. Sumner stated that a "Militia, however large, never can be; for it is composed of citizens only, armed [and trained] for the preservation of their own privileges."22 Partridge did not agree with that belief at all. In fact Partridge made it where citizen-soldiers trained at his institution would identify with the concepts of self-sacrifice and catering towards the needs of the community and ultimately the state "became the touchstones of republican virtue and self-worth."23 In his Lecture on Education, Partridge highlighted that he would develop citizen-soldiers and fix the issues that he saw at West Point and in the American Education System as a whole. 20 Herrera, For Liberty and the Republic, 87. 21 Partridge, "Lecture on Defense", 2. 22 Adams, Partridge, and Sumner, Observations on National Defence, Drawn from Capt. Patridge's Lecture on That Subject, and from Gen. Sumner's Letter to the Venerable John Adams, on the Importance of the Militia System, 20. 23 Herrera, For Liberty and the Republic, 87. 8 Partridge's lecture on education presents the argument that investment in the elementary education of the American Youth is paramount because it is "the rising generation that we are to look for the future guardians and protectors of the inestimable rights and privileges."24 Partridge states that he does not believe that education should be tailored to any specific job but instead believes that education should be tailored to prepare "a youth in the best possible manner for the correct discharge of the duties of any situation that he may be placed."25 Partridge cites 6 major deficiencies in the education system. The first deficiency that Partridge highlights is that the education system is "not sufficiently practical, nor properly adapted to the various duties an American citizen may be called upon to discharge."26 Partridge observed that the American youth who were "destined for a liberal education"27 would be required to study Greek and Latin more than they were required to study their native language of English which he believed to be extremely impractical. Partridge states that while the youth are required to gain proficiency in dead languages, they are not taught relative subjects such as government, international relations, and physical fitness. These are all subjects that the American youth must be proficient in to be productive citizens in the civilian sector of society or to be the "defender of their countries rights and the avengers of her wrongs" as leaders in the military."28 Partridge asserts that if the education system does not set up American citizens to perform their duty and contribute to society, then it is nothing short of defective and sets America up for failure. Partridge notes that there is additionally a neglect of physical fitness and physical education within the American education system. Identifying physical fitness as an "absolute 24 Partridge, Lecture on Education, 1. 25 Partridge, Lecture on Education, 2. 26 Partridge, Lecture on Education, 2. 27 Partridge, Lecture on Education, 2. 28 Partridge, Lecture on Education, 2. 9 necessity," Partridge believes that a citizen's ability to endure fatigue and their ability to take care of themselves is critical to the creation and maintenance of the American workforce. 29 In order to have a strong, productive workforce, Partridge believes that it is up to the individual citizen to maintain a high level of physical fitness so that they do not "prematurely die or linger out a comparatively useless and miserable existence."30 Partridge additionally believes that it is important for citizens to be able of "enduring exposure, hunger, and fatigue."31 Partridge links one's ability to exert themselves physically to their ability exert themselves mentally and asserts that a strong body houses a strong mind. Partridge additionally identified that the current system of education fails to manage time adequately and creates an environment that fosters a sense of idleness and lackadaisicalness. Partridge believed that with proper time management, that the American youth could occupy their time with productive activities that reinforce what they are learning in the classroom. Fourthly, Partridge claims that students should live frugally while obtaining their education. He believes that access to more wealth allows students to live extravagant lifestyles that are "highly injurious" to the individual and are not conducive to a productive academic environment.32 Partridge states that giving youths money "and allowing them a portion of idle time and it may be viewed as a miracle if a large portion of them do not become corrupt in morals.[and] they are prepared to become nuisances" to society and not benefit the greater good.33 Fifthly, Partridge highlights that all students should not be required to pursue the same courses of study as everyone has their own strengths and weakness. Partridge believes that when 29 Partridge, Lecture on Education, 2. 30 Partridge, Lecture on Education, 3. 31 Partridge, Lecture on Education, 3. 32 Partridge, Lecture on Education, 4. 33 Partridge, Lecture on Education, 4. 10 one is forced to pursue a course of study that does not interest them that they will never excel in that field, achieve a state of proficiency in the subject, and will develop a general disdain to engage in academic activities. Finally, Partridge states that he does not believe there should be a set time limit to complete one's education and advocates for one to be able to work at their own pace. According to Partridge it is pertinent that a student is able to progress as quickly or as slowly as he or she wants so that they develop a "thorough understanding of the subject" that they choose to pursue. 34 Partridge sought to fix the deficiencies he presented in his lecture in his own institution where he would integrate military discipline and organization, the instruction of military science, history, and general sciences within the academic environment. It is through military organization and discipline that Partridge hopes to instill the Roman traits of honor, manliness, and obedience in the individual citizen to aid in his/her success in the academic environment. The instruction of military science reinforces the fostering of the traits of a soldier and strengthens the skill of the militia to eliminate the need of a large standing army that has the potential to infringe on the freedoms of the American citizen. Partridge believed heavily in incorporating the study of history to supplement the instruction of military science by providing case studies and context as to why military operations are conducted in the manner that they are and highlight the principles on which victory is created. Through this integration of military science, history, and general science instruction, Partridge hoped to increase the financial stability of the early American Republic by lowering defense spending and thereby decreasing 34 Partridge, Lecture on Education, 4. 11 national debt. Partridge's educational model would achieve this as a result of military training/defense spending would be tied to the general education of the American population. In examining whether the ideals of the Ancient Greeks and Romans influenced Alden Partridge, it is difficult to say given the time and access needed to peruse hundreds upon hundreds of documents. Partridge's life was devoted to the education of America's youth because he believed that the success of the American Republic pivoted on the education of the youth. It can safely be asserted that Alden Partridge's educational ideology correlates with the Greek and Roman values of civic virtue, and duty to state; however, correlation does not equal causation. In examining three archival sources from the Partridge Papers and other secondary sources pertaining to the subject of the early American Education system and Classical Education as a whole it can only be asserted that if Partridge was subject to Ancient Greek and Roman ideals, then they implicitly impacted his plan to rejuvenate the American system of education along with his experiences both good and bad instructing at the United States Military Academy at West Point. 12 Annotated Bibliography Archival Sources from Norwich Partridge, Alden. The Partridge Papers. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Partridge, Alden. Lecture on Education, 1828. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Partridge, Alden. Lecture on National Defense, 1824. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. • Observations on National Defense, Drawn from CPT Partridge's Lecture, 1824. 5th Floor Special Collections. Norwich University Archives, Kreitzberg Library, Norwich University, Northfield, Vermont, United States. These sources from the Partridge Collection at the Norwich University Archives provide Partridge's opinion on education, national defense, and the opinion of other key players in American history such as John Adams and John C. Calhoun regarding Partridge's idea of national defense. These sources are very cut and dry in addition to being easy to read and are critical to my research as they present the revolutionary ideas of the citizen-soldier concept and Partridge's educational reform straight from the man himself. Primary Sources Painter, Jacqueline S., Dean Paul. Baker, and United States. Army. Court-martial (Partridge : 1817). The Trial of Captain Alden Partridge, Corps of Engineers: Proceedings of a General Court-Martial Convened at West Point in the State of New York, on Monday, 20th October 1817, Major General Winfield Scott, President. Norwich University Library Occasional Paper; No. 3. Northfield, Vt.: Friends of the Norwich University Library, 1987. This source is the transcript from the court-martial of CPT Alden Partridge that led to his dismissal as superintendent of the United States Military Academy at West Point. This transcript is critical to my research as it gives historical context to a key event in CPT Partridge's life that pushed him to go out and create his own educational institution. This source reveals the immense controversy that surrounded the case and highlights a key time in the development of American Military education. 13 Secondary Sources Baker, Dean Paul. "The Partridge Connection: Alden Partridge and Southern Military Education," (PhD diss., University of North Carolina at Chapel Hill), 1986. This is a dissertation that was submitted to UNC Chapel Hill to satisfy the requirements for a History PhD for Dean Paul Baker. The fifth chapter titled "The Captain's Academy" provides a unique presentation of how Partridge's Academy fits in the larger picture of American Education at the time of the early 19th century. Baker additionally covers how Partridge spearheaded educational reform and inspired others to do so. Baker highlights while Partridge's academy specialized in training military leaders, its greatest contribution to society was training men for civilian careers. Harmon, Ernest N. Norwich University: Its Founder and His Ideals. Newcomen Address, New York: Newcomen Society in North America, 1951. MAJ. GEN. Ernest Harmon was the Professor of Military Science and Commandant of Cadets at Norwich University from 1927-1931. This is a small 31 paged primary source document that explains the founding of Norwich University and how it has contributed to American success both on the battlefield and on domestic soil. This document provides a look as to how the leader of Norwich University as an institution views the ideals of Alden Partridge and additionally provides an overview on Norwich's establishment following Partridge's removal from West Point. Hanson, Victor Davis., and John Heath. Who Killed Homer?: The Demise of Classical Education and the Recovery of Greek Wisdom. 1st paperback ed. San Francisco [Calif.]: Encounter Books, 2001. Victor David Hanson is a Professor of Greek at California State University at Fresno and is a renowned author, military historian. He additionally holds a PhD in the classics from Stanford University. Who Killed Homer? describes the importance of understanding Greek culture and its contribution to the development of the United States and Western Civilization as a whole. The second section of the work is entitled "Thinking Like a Greek" and provides a clear and concise overview of what ideas and ideology is considered to be "Greek" and gives a broad context as to the Greek influences on one's life. This is critical to this paper as it presents Greek ideas and ideology simply as interpreted by a leading expert in the Ancient Greeks. Herrera, Ricardo A. For Liberty and the Republic: The American Citizen as Soldier, 1775-1861. 1 online resource. vols. Warfare and Culture. New York: New York University Press, 2015. Ricardo Herrera is an associate Professor at the US Army Command General Staff College. This source relies primarily on unpublished manuscript sources to convey the ethos of the citizen soldier concept from America's birth to the breaking of the Civil War. Herrera goes into great detail as to how in the mind of an American, the idea of citizenship is closely linked 14 with being a soldier. This source is pertinent in my research because it displays how in early American History, the ideals of liberty, citizenship, republicanism, and democracy are linked to serving in the military. The identification of these ideals in the citizen-soldier ethos can be utilized to highlight similarities to the ethos that existed in Ancient Greek/Roman society and that has transcended the Hellenic age to the time of America's birth and the early 19th century when Alden Partridge founded his academy. Howe, Daniel. "Classical Education in America." The Wilson Quarterly (1976-) 35, no. 2 (2011): 31–36. The focus of this source is how classical education has developed and been implemented throughout America History starting just after the Revolution. The article gives a fantastic overview of how classical ideas influenced the creation of America and remained a cornerstone from which the republic was developed. I plan to implement this source in my research by using it to provide an overview of how classical ideas remain present during the time of Alden Partridge, and how they influenced his upbringing and his personal education in the late 18th and early 19th centuries. Gummere, Richard M. The American Colonial Mind and the Classical Tradition : Essays in Comparative Culture. Cambridge, Mass.: Harvard University Press, 1963. https://doi.org/10.4159/harvard.9780674284531. This source is a compilation of essays that discuss how the classical tradition influenced Colonial Americans. One essay is entitled "Colonial Reactions to a Classical Education" and discusses the classically based curriculum of the colonial grammar schools. Highlighting the emphasis placed on reading Greek authors such as Homer, Xenophon, Euclid, and developing an appreciation for learning Greek and Latin, this chapter aids me in my research paper by providing a detailed look as to what the curriculum of the early classical schools were and helps me develop a better picture of what Partridge's education was as an American youth. Norwich University Cadet Handbook. The Office of the Commandant, 2020. This is the handbook with all of the knowledge that is required to learn as a first-year cadet at Norwich University. The Office of the Commandant releases a new one each year. In this book you will find the Norwich Cadet's Creed, a brief history of Norwich University, a list and brief bio of the medal of honor winners and other things such as that. 15 Richard, Carl J. Greeks & Romans Bearing Gifts: How the Ancients Inspired the Founding Fathers. 1st Edition. Rowman & Littlefield Publishers, 2009. Carl J. Richard is a professor of history at the university of Louisiana. This source explains how the Founding Fathers of the United States were influenced by their education in the Greek and Roman Works. Richard explains that the ideals of civic virtue, individual liberty, checks and balances on government, were derived from the classics and aided the Founding Father's in their incitement of revolting against tyranny. This source critical to my research because it specifically outlines what about the Greeks and Romans influenced the creation of America and will provide ample amounts of evidence that I can tie to the ideology that Partridge shares with the Founding Fathers. Thelin, John R. A History of American Higher Education. Baltimore: Johns Hopkins University Press, 2004. This source covers the overview of higher education in America from the founding of colleges in the colonial era to the 21st century. This source goes into detail as to the curriculum and teaching methods utilized at early American universities such as Dartmouth, Alden Partridge's Alma Mater prior to attending the United States Military Academy at West Point. I plan to utilize this source in my research paper to provide insight as to what Partridge's educational experience was like at Dartmouth and sheds light as to what the potential influences are on his educational philosophy that was considered so radical at the time. Urban, Wayne J., and Wagoner, Jennings L., Jr. American Education: A History. London: Taylor & Francis Group, 2013. Accessed November 5, 2020. This source covers the history of American education from the precolonial era to the twenty-first century. The source develops a whole chapter to the development of the education system from 1776-1830 entitled "Education and the Building of a New Nation" that covers the influences of classical education on the development of civic virtue and duty to state that Partridge sought to instill in his students at his institution. The author covers the classical influences on the enlightenment that perpetrated the thoughts of the founders of America and explains how those classical ideas remained tied to the development of citizens within the educational system. I plan to use this work in my research paper by using it to explain the type of school that Alden Partridge attended and to show how common the proliferation of classical ideals were in 18th-19th century society . 16 Webb, Lester A. Captain Alden Partridge and the United States Military Academy, 1806-1833,. Northport, Ala.: American Southern, 1965. This source is a biographic overview of Partridge's upbringing in the Vermont frontier all the way to when he was fired at West Point. Lester Webb presents a thoroughly researched work that compiles information from varying primary sources regarding Alden Partridge and his career as a teacher of mathematics and military science. I plan to incorporate this source in my research paper by using it to help me provide context as to how Alden Partridge was brought up and to help me describe what educational influences he was subject to since not much is known about his childhood. Wood, Gordon S. The Idea of America: Reflections on the Birth of the United States. Penguin, 2011. Gordon S. Wood is a Pulitzer Prize winning historian that has written several books on the American Revolution. This work focuses on the emphasis that Ancient Greece/Rome played in the development of the American Republic and how education is a cornerstone of creating citizens and instilling a sense of pride and involvement in the activities of one's nation. I plan to implement this work in my research by using it to draw parallels between the ideals of the Greeks and Romans that the ideal of America was based on and the educational ideals and citizen soldier concept developed and implemented by CPT Alden Partridge.

The proposed tobacco settlement agreement, as negotiated by some state attorneys general and the tobacco industry that was made public on June 20, 1997 (Appendix F), raises a complex array of public health, public policy, legal and economic issues. It was intended to be a blueprint for national tobacco control legislation that would end the most important litigation current and potential against the tobacco industry. As with most complex legislation, the deal, after it was announced, underwent a great deal of scrutiny and criticism. Many public health and policy groups analyzed the deal in whole or in part in order to provide guidance for those who wished to distill the essential elements and implications of the deal. While many have pronounced the original deal 'dead' as a result of this criticism, it remains the fundamental framework around which most proposals for federal legislation on tobacco has been based. As a result, a careful analysis of the terms and implications of the original June 20 deal remains a worthwhile effort. This report seeks to provide policy makers and advocates with a context and analysis of the most important aspects of the deal through a series of briefing papers, which can be read independently or collectively. Each paper addresses one aspect of the deal. The papers are organized according to general topics: political issues related to the deal, financial and tax aspects of the deal, regulatory implications of the deal, and civil liability controls in the deal. For those who desire a more technical approach to the issues, we have included five technical appendices to provide additional support regarding the economic analysis of the deal, the economic analysis of the lookback provision, the political analysis of the deal, and the public health analysis of the deal, the legal analysis of the deal. To the extent that the deal is reflected in any legislative proposals that emerge, this analysis will be relevant to that legislation. In the months leading up to the publication of the deal, many commentators discussed the relative merits of entering into a negotiated resolution of the tobacco litigation. The advocates of the deal pointed to the ability to obtain specific relief, the advantages of having a national tobacco policy, and the elimination of the risks to continuing the litigation. Critics of the deal-making process were concerned that making a deal would: guarantee tobacco industry profitability; require Congressional action, which in turn would provide weak proposals because of the influence the tobacco lobby in national politics; preempt stronger state and local regulatory efforts to control tobacco; and preclude broad based public health efforts to control tobacco in the future. Many commentators have described the deal as one in which the tobacco industry accepts strong restrictions in exchange for some limitation of liability. Our analysis reaches just the opposite conclusion: A close reading of the deal reveals that the benefits to the tobacco industry are concrete and substantial whereas the public health benefits are less clear. The Funding Provisions of the Deal Are Inadequate The money in the deal is large in absolute terms but small when compared to the damage done by tobacco products. Even if one takes the more limited view of the deal that its purpose is only to reimburse the states for future Medicaid expenses plus fund the specified public health programs, the payments are not high enough to cover these limited costs. If the deal is designed to reimburse society for all damage done by tobacco, it provides less than 10 cents on the dollar. The financial portions of the deal are structured in such a manner that they will guarantee industry profits. The Taxpayers will Absorb a Substantial Fraction of the Nominal Costs to the Industry All payments by the tobacco industry, including those made 'in lieu of' punitive damages, are tax deductible, which results in a decrease in the impact of the deal on the industry and a cost shifting to American taxpayers. Taxpayers will absorb 30-40% of the cost of the deal, which will need to be recovered through increased taxes or spending cuts. The tax subsidy provided to the tobacco industry by the deal, amounting to about $4 billion a year, dwarfs both the current tobacco price support program and the funds that the deal makes available for public health programs. The Industry Will be Protected from Litigation The civil liability protections will strongly protect the tobacco industry. The deal eliminates large-scale suits that are most threatening to the industry and only allows individual cases, which the industry has been successful in defeating. In addition, the deal changes the rules of evidence and civil procedure in ways that will make it more difficult for people with cancer, heart disease, and other smoking-induced problems to win their individual cases. The deal provides the industry financial security by capping exposure. These limitations on litigation will effectively preclude injured smokers from receiving just compensation and perhaps limit future criminal and civil enforcement actions against the tobacco companies. Moreover, the caps eliminate the incentives the civil justice system to improve corporate behavior, by reducing the threat that the tobacco companies will be held fully accountable for their actions. Under the terms of the deal, the industry will avoid about $150-$200 billion in liability at a cost of $6-$7 billion. Eliminating Litigation Will Eliminate a Valuable Public Health Tool The current litigation against the tobacco industry has a discernible benefit to the public health community which will be eliminated should the litigation cease. For example, the litigation provides a ready means to educate the public about the dangers of smoking and misbehavior of the tobacco industry. Without the prosecution of the current lawsuits, a valuable health education opportunity will be lost. In addition, the litigation which the deal seeks to resolve is based upon the enforcement of laws which serve public health interests, such as consumer protection and anti-trust laws. The deal restricts use of these laws in against the tobacco industry. Losing both a timely health education opportunity and the right to fully utilize consumer protection and related laws against the tobacco industry limits the public health tools to combat death and disease related to tobacco. The public health community has an interest in preserving the right to litigation to obtain social justice. The deal compromises the rights of individuals and institutions to sue the tobacco industry without fair compensation. Similarly, the public health community has an interest in fairly allocating the damages related to a particular harm. Societal resources which are currently being expended to remedy the harms related to tobacco could be re-allocated to serve other public health interests. The litigation provides a valuable tool to force the tobacco companies to pay for the damages related to tobacco, leaving societal resources to address other public health problems. The absence of litigation will remove one tool the public health community can use to force the tobacco companies to internalize the costs of the damage tobacco does. The Deal Requires Congress to Preempt Laws in Every State The essential principle behind the deal was the willingness of the Attorneys General, private lawyers, and health officials who negotiated the deal to support substantial limitations on liability of the tobacco industry for its past and future behavior. The deal not only 'legislatively settles' the Medicaid lawsuits brought by the Attorneys General, but also effectively ends most other forms of litigation against the tobacco industry. Since most of this litigation is being brought under state (as opposed to federal) consumer protection, fraud, anti-trust, and other laws, granting the tobacco industry the immunity it seeks will require Congress to preempt these laws in every state and the District of Columbia. In addition to preempting these laws, the deal preempts existing state authority to require ingredient disclosure and may increase the strength of tobacco industry claims that local and state restrictions on tobacco industry marketing practices are illegal. Regulatory Controls are Unnecessary and Insufficient The details of the regulatory provisions in the deal favor the tobacco industry. Rather than recognizing that there are many agencies with jurisdiction over tobacco, the deal concentrates almost exclusively on the federal Food and Drug Administration (FDA). The deal also ignores the fact that most progress in tobacco use has been made at the local and state level. The FDA currently has jurisdiction over tobacco products and is executing its regulatory authority pursuant to its jurisdiction. The few provisions in the deal which are not currently a part of FDA regulations could become so even without the deal, or like the current advertising restrictions, be regulated by another agency. Furthermore, the expectations regarding the benefits attendant with many of the regulatory changes should be small. Even with the advertising restrictions in place, the tobacco industry will still find successful ways to market their products, and tobacco imagery will be ubiquitous. Similarly, the proposed regulations regarding tobacco warnings and restrictions on youth access add little new authority. The deal would essentially codify the law as it currently exists, except that it would also place limitations on future FDA authority. Although the codification of FDA authority may be desirable, the deal would add intensive rollback FDA authority by requiring the FDA to meet additional regulatory hurdles before it can regulate tobacco constituents and restricting how and when it can regulate nicotine. These hurdles will preclude much of the potential for true regulatory reform. Similarly, the secondhand tobacco smoke provisions in the deal represent a rollback of the current ability of the Department of Labor to regulate broadly. The secondhand smoke provisions within the deal accept industry claims that smokefree workplace laws would harm the hospitality industry, which is not true. The Lookback Provision Is Inadequate There are provisions in the deal designed to penalize the industry for not meeting specific targeted reductions in youth smoking. The lookback provision is a good example of how the technical details of the deal have important impacts that are not evident. The lookback provision ties goals in reducing teen smoking to the percentage of teens who are daily smokers. While 75% of smokers have their first cigarette by age 14, 75% do not become daily smokers until they reach age 18 (the cutoff for calculating the lookback penalty). Epidemiological evidence indicates that nicotine is as addictive as cocaine heroin and opiates. Symptoms of addiction begin before the onset of daily smoking. Limiting the measure of youth smoking to daily smokers will allow the tobacco industry to comply with the lookback provision by simply marketing in a way that leads children to begin smoking two years older than they do now; it will continue to recruit new adult smokers by addicting them as youths. By increasing the age of initiation by two years, the transition of most smokers to daily smoking in new smokers will occur after their eighteenth birthday. In addition, the penalty is too small to provide an effective economic incentive for the industry to reduce youth smoking; if the industry were to simply continue its current recruiting of teens, the after-tax cost of the lookback provision would be about a nickel a pack. Furthermore, the penalties are pooled among the industry, which decreases the pressure any one company will have to reform its behavior. The Deal Preserves the Oligopoly Structure of the Industry Throughout the deal there are a number of provisions which increase barriers to market entry and preserve the current profit structure. These provisions will encourage anti-competitive behavior and eliminate any incentive to innovate toward safer products. Furthermore, by closing the market, new companies will find it more difficult to compete. This situation will further guarantee excess profits for the existing companies. The Deal does not Provide for Full Disclosure of Tobacco Industry Wrongdoing One of the most important aspects of the current litigation is the ongoing disclosure of industry wrongdoing. The document disclosure provisions of the deal are weak and would permit the industry to continue to withhold privileged documents, which many believe are the most damaging to the industry. The deal may not be necessary to secure disclosure of these documents, because the Congress has subpoenaed and disclosed some tobacco industry documents, and more are emerging through litigation. Between further Congressional action and the litigation there is likely to be a continuous release of documents without a need for the deal. There are No Barriers Other than a Lack of Political Will to Adopting the Beneficial Provisions of the Deal Tobacco control advocates have successfully enacted legislation that meets many of the goals of the deal at the state and local level without compromise with the tobacco industry. The federal government could do the same. For example, the public health measures of the deal could be enacted and the funds for these programs appropriated out of the general fund or through an increase in the tobacco excise tax. Congress can give the FDA and Department of Labor more direct authority over tobacco products, and it could ensure full funding for their programs. Plaintiffs can enter (and Mississippi, Florida, Texas, San Francisco, and a plaintiffs' class of non-smoking flight attendants have entered) into individual legal settlements with the tobacco industry. The Deal is Silent on International Issues The deal ignores the implications that U.S. tobacco control policy has on international tobacco control efforts. The precedents established by the deal are particularly important because litigation against the tobacco industry is beginning in other countries. The limitations on liability in the deal may compromise the ability of other countries to recover the cost of tobacco-induced illness. The Deal is Based on Several Premises that are no Longer True The original premise behind the deal was that if the Attorneys General, public health advocates, and the tobacco industry could come to an agreement that all found acceptable, such legislation would be enacted into law rapidly. Some public health advocates argued that such a compromise was necessary and appropriate because the power of the tobacco industry in Congress was such that industry acceptance was necessary in order to get legislation enacted. Legislation was seen as necessary because the tobacco industry had never lost nor settled any health-oriented lawsuits against it. Because of this, rather than risking everything in Court, the Attorneys General and other decided that it was better to gain a partial victory in Congress. Since then, the terms of the deal have been declared unacceptable by all elements of the public health community, so the original premise of going to Congress with a partnership between public health and tobacco forces no longer holds. The tobacco industry has maintained that the deal should be enacted as negotiated and has dramatically increased its campaign contributions and lobbying activities in order to see the deal enacted. Tobacco executives have testified in Congress that a grant of immunity for the industry is a condition of industry support for federal tobacco legislation. Public health groups are divided about the wisdom of trading some form of immunity for the tobacco industry in exchange for public policy changes that some believe will reduce tobacco control. Even the forces in the health community who are willing to entertain such a trade, however, have rejected the deal as originally negotiated. As a result, they are now in the position of going into Congress opposed to the tobacco industry, the very situation that the deal was supposed to avoid. Finally, the belief that the tobacco industry would never settle or lose heath-related lawsuits has changed. The industry settled the Mississippi, Florida, and Texas Medicaid suits on favorable public health terms, as well as a case brought by San Francisco over the Joe Camel advertising character and a class action suit on secondhand smoke brought by flight attendants. The industry has also lost several cases brought by individuals. It will be difficult for the industry to return to a no-settlement strategy, particularly in light of documents and other information that have come out of the litigation process and Congressional hearings to date.

Teaching English to Filipino learners have been challenging especially during the time of pandemic with very limited interaction between the teacher and the students. Different online learning platforms were explored and utilized so that continuity of learning may happen despite the situation. Distance learning was welcomed by every learner both in the basic education system and tertiary levels. Applications were also further accessed so that language learning can become more engaging at the same time develop the communication skills of all learners. However, this scenario was not a walk in the park for many; likewise, it becomes more difficult for those students who have special needs. These circumstances serve as challenges for teachers to reevaluate and reinvent their teaching practices to further accommodate and teach English to diverse learners may it be during times of pandemic or not. In line with this, the book Supporting English Learners with Exceptional Needs by Patricia Rice Doran and Amy K. Noggle was reviewed and evaluated. The authors are faculty in Arcola Elementary School in Montgomery County Public Schools in Maryland as well as in Towson University. For this reason, this gives us thought that the authors gained inspiration in writing this book through their students to provide them support and intervention. This book tries to address the needs of the learners who have high-incidence and low-incidence disabilities. As reviewers and evaluators of this book, we have our personal thoughts and ideas in teaching English to our learners. Filipino learners who are studying English also possess diverseness and uniqueness which lets us use varied teaching strategies to accommodate different learners' needs and weaknesses. The information featured in this book are useful to better and improve the classroom teaching of English and further develop the skills of the students. The insights shared by the author could be essential for use to devise ways towards improvement of language learning suited for the needs of Filipinos learners. In its introduction, the writers had elaborated the extensive research of the challenges faced in the United States concerning English learners. The data showed that there is a need to reevaluate practices as well as improve class routine since learners are diverse in so many ways. Moreover, these challenges paved way for opportunities to support as well make significant changes in the education system were seen. It is also important to note that the book recognizes the potentials that could be discovered from learners with disabilities if they would be supported and nurtured through a special education system in accordance to the child development perspective. The book is divided into three sections which include different chapters that showcase scenarios in real-life setting, elaboration of key concepts, and more importantly practical approaches relevant in teaching English to learners with learning disabilities. Specifically, Section 1 includes background knowledge related to English learners and students' abilities. Section 2 discussed the classroom structures and framework. Lastly, Section 3 distinguishes the support needed for English learners with disability. Through these sections the strengths, weaknesses, as well as policies for English learners were emphasized together with the necessary classroom approaches and assessments that can be utilized in specializing programs for English learners. The first Chapter of the book is What Do English Learners Bring to Our Schools? Cognitive, Linguistic, and Cultural Assets. In this chapter we are given a realization on how we provide interventions and assessment among our diverse learners. It is elaborated that in the case of a classroom with learners of diverse background we should highlight the essence of strength-based thinking. It also made us reflect on the resilience of our students and their funds of knowledge. The chapter could sum up the need for teachers to develop strategies that will be holistic and honing the context of the uniqueness of each learner especially in language learning. The chapter also put emphasis on educational equity among learners, we must value the strengths and assets of the learners as they attain proficiency in language learning. The second Chapter of the book, Challenges and Opportunities for English Learners in Our Schools, expounds on the concept of dealing with our learners' needs as opportunities instead of challenges. As language teachers we should see a silver lining upon hurdling the challenges of diversity among our learners. It put significant consideration on translating the learners' need which are composed of different life-stressors into meaningful opportunities towards learning. The chapter also presents to us several challenges faced by a language learner which involves not only his cognitive ability but his family and cultural background. The chapter also expounds on several approaches and learning frameworks which can be valuable resources for educators in dealing with learners needs as opportunities rather than challenges. On the other hand, Chapter 3, A Policy Primer reiterates the different government and state policies concerning children right to education and how these policies helped in transforming the language learning landscape for many English learners with difficult situation such as the child who became the point of discussion in the chapter "Eterio". The chapter also traces back the history of how discrimination due to race or disability was not avoided by several state policies such as the "No Child Left Behind" (NCLB) in 2002, and the 'Every Student Succeed Acts (ESSA)' in 2015. More so, the chapter puts emphasis on how policies put premium on the protection of English learners with exceptional needs as well as those policies that recognizes the need to fund individualized educational services. Section 2 of the book is welcomed by its fourth Chapter, Ecological Approaches and Multitiered Systems of Support: Holistic Approaches to Serving English Learners where in it distinguishes the diversity of learners in a learning community. Given the said situation, it expounds on the significance of an ecological, tiered framework which may present school personnel the chance to back up the learners in several aspects. These may include interdisciplinary communication and collaborative work among school personnel. The chapter also assess the necessity to ensure that the intervention provided for the learners are based from their background and level of development. The chapter reflects on presenting interventions not only based on their cultural perspectives but also based on the whole-child perspective. In Chapter 5, Collaborative Problem Solving for English Learners: The Unique Role of the ESOL Teacher the authors discuss the problem-solving process in language learning. The chapter reviewed the different process that are found conducive towards planning successful classes among English learners. It explains the need for a thorough discussion and observations prompts that may be relevant in solving the problem of a learner. The discussion on collaborative problem solving was given prominence in the chapter as well since it is found to be an important element in providing support in teaching diverse learners. Furthermore, the need of consistency among ESOL teachers as an integral part of the problem-solving process was focused upon since they are expected to distinguish the strengths of the learners, and how these will be used to better facilitate strategies. The sixth Chapter is Universal Supports for English Learners at Risk. This chapter discusses the common problems that the English teachers are experiencing in their classes like lack of parental support and nonacademic factors (lack of sleep, living environment, and daily stressors) which leads to the use of Universal Design for Learning (UDL). This is a framework for curriculum and instruction that is used to provide accessibility, support, and challenge by considering the needs of each learner. Moreover, thin this chapter, it is emphasized that teachers need to identify and consider a lot of factors before providing solutions and interventions. The support provided to students are not confined with the structured classroom adjustments, sometimes students are affected by external factors like family pressures or internal factors like student's disability. Chapter seventh is Targeted Supports for English Learners. This chapter explains the parameters in providing targeted supports and interventions to English learners. Teachers need to consider the prior experiences of the learners including their trauma if there is. Identifying the student's strengths, needs, and unique profile is necessary. It is also emphasized that in the implementation of the intervention, parents or family members are encouraged to take part actively for an effective turnout. Chapter eight is Assessment and Identification for English/ Culturally and Linguistically Diverse Learners: High-incidence Disabilities. In this chapter, several court cases were featured to gain understanding on the experiences of the people with disabilities and their challenges encountered by the immigrants and minority populations in schools. The Individuals with Disabilities Education Act of 1990 (IDEA) was also discussed that is made to provide unbiased testing procedures and to address language barriers. Chapter ninth is Assessment and Identification for English Learners: Low-incidence Disabilities. This chapter features how the students with low-incidence disabilities (LID) were specifically evaluated and assessed and the challenges that the teachers faced. The LID students are the ones who are deaf, blind, or having other health impairments. The challenges faced by the teachers were shortage of knowledgeable personnel, specialized/interdisciplinary knowledge, and skill sets, and need for appropriate assessment procedures. The teachers needed the help of some medical, speech, audiology, and assistive technology in addressing the needs of the learners under LID prior and during the learning process. The last chapter is Intensive Supports and Specialized Programming for English Learners. This part talks about the recommended practices in developing and implementing specialized programs for students with low-incidence disabilities and high-incidence disabilities. Teachers may reach to the families of the learners with disabilities. A collaborative discussion is helpful to make sure that the ways in teaching the students were appropriate and fitting according to the needs of the students. Also, schools may provide intensive interventions and supports to students that takes into consideration their level of proficiency and cultural fit. This chapter provided a number of available resources and self-evaluation forms that teachers and schools may use. In the hope of improving the teaching and learning experience of the students and to further address diverse learners, the evaluators recommend this book to teachers of English. In terms of addressing the students' needs and weaknesses, this book provided sample situations that teachers of English usually encounter while providing strategies on how to properly address them. Furthermore, this book tries to ensure that all the learners discover their giftedness and how they could use it in powerful ways.

El plan urbanístico es el instrumento llamado a diseñar el modelo de ocupación del suelo, los usos posibles y su distribución o interrelación, la ubicación de equipamientos y zonas de esparcimiento, las ordenanzas y normas a aplicar, determinando aspectos concretos de la edificación (alturas, tipología edificatoria, parcela mínima, ocupación, etc.) y concretando el contenido del derecho de propiedad de los titulares de los terrenos que se encuentran en su ámbito territorial. Por todo ello, el plan urbanístico se configura como un elemento fundamental para el desarrollo del modelo de ciudad o de asentamiento poblacional, con connotaciones sociales, económicas, políticas e incluso culturales. Resultando fácil de comprender el alcance y la importancia de la figura del plan urbanístico, tampoco debe escapársenos la trascendencia que puede adquirir su anulación posterior. Lamentablemente, no han sido pocas las ciudades de nuestro país que han sufrido esta situación. Casos como los de Madrid, Ávila, Gijón, Toledo, Castellón, Orense y muchos otros, han demostrado las dificultades a las que se enfrentan todos los sectores de la sociedad (Administraciones, propietarios, promotores, empresarios, etc.) ante la anulación sobrevenida de un instrumento de planeamiento general. En ocasiones, el alcance es menor al afectar la anulación a un instrumento de planeamiento de desarrollo, con un ámbito territorial más reducido, pero en todo caso, también tiene una relevancia considerable. Ahora bien, todos los que en nuestro quehacer diario nos dedicamos al ámbito urbanístico nos formulamos un sinfín de preguntas cuando se nos comunica la nulidad de un plan urbanístico. El escenario que se avecina ante la anulación de un plan urbanístico se caracteriza por la incertidumbre, la inseguridad jurídica y la paralización inicial de la Administración. Jurídicamente es una situación compleja, puesto que una disposición de carácter general, que ha desplegado sus efectos durante un lapso de tiempo más o menos largo –no hay que olvidar que una resolución judicial firme de nulidad de un plan puede dictarse tras más de seis, siete, ocho o incluso más años después de su entrada en vigor- desaparece de pronto de nuestro ordenamiento jurídico. ¿Qué hacer entonces? ¿Cómo deben actuar las Administraciones a partir de ese momento? ¿Qué sucede con todos los actos de planeamiento, gestión y ejecución que traen su causa del plan que deviene nulo de pleno derecho? ¿Qué ordenación urbanística corresponde aplicar a partir de ese momento? ¿Qué actuaciones deben realizar a partir de ese momento los ayuntamientos y Comunidades Autónomas afectadas? ¿Qué opciones tienen los particulares? A todas estas preguntas se intentará dar respuesta con el presente estudio doctoral. De esta forma, se pretende un análisis de la situación de origen y de la situación que se produce con la nulidad de un plan urbanístico, desde una perspectiva jurídica, estudiando en primer lugar, las causas que conllevan a esa anulación, para después analizar sus consecuencias. Inicialmente, se realizará un somero repaso sobre la naturaleza jurídica de los planes urbanísticos, cuestión ya muy estudiada en la doctrina, pero que no podemos dejar de referirnos a ella por ser la determinante de muchas de las consecuencias que provoca la nulidad de pleno derecho de un plan. El objetivo que se pretende alcanzar con esta investigación doctoral es, en definitiva, la plasmación del régimen jurídico urbanístico frente al que nos encontramos cuando se produce una declaración de nulidad de un plan urbanístico, analizando qué es lo que nos conduce a esa situación para, en la medida de lo posible, poder afrontar esa problemática e incluso evitarla. ; O plan urbanístico é o instrumento chamado a deseñar o modelo de ocupación do chan, os usos posibles e a súa distribución ou interrelación, a situación de equipamentos e zonas de esparexemento, as ordenanzas e normas a aplicar, determinando aspectos concretos da edificación (alturas, tipoloxía edificatoria, parcela mínima, ocupación, etc.) e concretando o contido do dereito de propiedade dos titulares dos terreos que se encontran no seu ámbito territorial. Por todo iso, o plan urbanístico configúrase como un elemento fundamental para o desenvolvemento do modelo de cidade ou de asentamento poboacional, con connotacións sociais, económicas, políticas e mesmo culturais. Resultando doado de comprender o alcance e a importancia da figura do plan urbanístico, tampouco debe escaparnos a transcendencia que pode adquirir a súa anulación posterior. Lamentablemente, non foron poucas as cidades do noso país que sufriron esta situación. Casos como os de Madrid, Ávila, Gijón, Toledo, Castellón, Ourense e moitos outros, demostraron as dificultades ás que se enfrontan todos os sectores da sociedade (Administracións, propietarios, promotores, empresarios, etc.) ante a anulación sobrevida dun instrumento de plan xeral. En ocasións, o alcance é menor ao afectar a anulación a un instrumento de plan de desenvolvemento, cun ámbito territorial máis reducido, pero en todo caso, tamén ten unha relevancia considerable. Agora ben, todos os que no noso quefacer diario nos dedicamos ao ámbito urbanístico nos formulamos unha morea de preguntas cando se nos comunica a nulidade dun plan urbanístico. O escenario que se aveciña ante a anulación dun plan urbanístico caracterízase pola incerteza, a inseguridade xurídica e a paralización inicial da Administración. Xuridicamente é unha situación complexa, posto que unha disposición de carácter xeral, que despregou os seus efectos durante un lapso de tempo máis ou menos longo -non hai que esquecer que unha resolución xudicial firme de nulidade dun plan pode ditarse tras máis de seis, sete, oito ou mesmo máis anos despois da súa entrada en vigor- desaparece de pronto do noso ordenamento xurídico. Que facer entón? Como deben actuar as Administracións a partir dese momento? Que sucede con todos os actos de plan, xestión e execución que traen a súa causa do plan que devén nulo de pleno dereito? Que ordenación urbanística corresponde aplicar a partir dese momento? Que actuacións deben realizar a partir dese momento os concellos e Comunidades Autónomas afectadas? Que opcións teñen os particulares? A todas estas preguntas intentarase dar resposta co presente estudo doutoral. Desta forma, preténdese unha análise da situación de orixe e da situación que se produce coa nulidade dun plan urbanístico, dende unha perspectiva xurídica, estudando en primeiro lugar, as causas que levan consigo a esa anulación, para despois analizar as súas consecuencias. Inicialmente, realizarase un superficial repaso sobre a natureza xurídica dos plans urbanísticos, cuestión xa moi estudada na doutrina, pero que non podemos deixar de referirnos a ela por ser a determinante de moitas das consecuencias que provoca a nulidade de pleno dereito dun plan. O obxectivo que se pretende alcanzar con esta investigación doutoral é, en definitiva, a plasmación do réxime xurídico urbanístico fronte ao que nos encontramos cando se produce unha declaración de nulidade dun plan urbanístico, analizando que é o que nos conduce a esa situación para, na medida do posible, poder afrontar esa problemática e mesmo a evitar. ; The urban plan is the instrument called design the model of land use, potential uses and distribution or interrelation, the location of facilities and recreational areas, ordinances and regulations to apply, determining specific aspects of the building (heights, building type, minimum plot, occupation, etc.) and specifying the content of property rights of the owners of the land who are in its territory. Therefore, the development plan is set up as a key development model town or population settlements, with social connotations, economic, political and even cultural element. Resulting in easy to understand the scope and importance of the figure of the urban plan, it should not escape us that transcendence can purchase later cancellation. Unfortunately, they have not been few cities of our country who have suffered this situation. Cases such as Madrid, Ávila, Gijón, Toledo, Castellon, Orense and many others, have shown the difficulties that all sectors of society (government, owners, developers, entrepreneurs, etc.) before the occurrence annulment face a general planning instrument. Sometimes, the range is less than the cancellation to affect an instrument of development planning, with a smaller territory, but in any case, also has considerable relevance. Now, everyone in our daily work we are dedicated to urban area we formulate endless questions when we are told the invalidity of a development plan. The stage is coming to the cancellation of an urban plan is characterized by uncertainty, legal uncertainty and the initial cessation of administration. Legally it is a complex situation, since a general provision, which has spread its effects over a period of more or less long-not forget that a final court decision on the revocation of a plan may be issued after more than six, seven, eight or even more years after its entry into vigor suddenly disappears from our legal system. What then? How should the government act from that time? What happens to all acts of planning, management and implementation giving rise to them the plan becomes null and void? What urban planning appropriate to apply from the time? What actions should be made from that moment municipalities and autonomous regions affected? What options are individuals? To all these questions we will try to respond to this doctoral study. Thus, an analysis of the state of origin and the situation that occurs with the nullity of an urban plan, from a legal perspective, studying first seeks the causes that lead to the annulment, and then analyze their consequences. Initially, a brief review of the legal nature of the urban plans, issue and widely studied in the literature will be made, but we can not help but refer to it as being the determinant of many of the consequences that causes the nullity of a plan. The objective pursued by this doctoral research is, in short, the depiction of urban legal regime against which we found when a declaration of invalidity of a development plan produced by analyzing what is driving us to this situation, as far as possible, be able to face this problem and even prevent it.

Esta tesis se inscribe en el campo de estudios que han volcado su atención hacia la creciente gravitación de la justicia y el derecho sobre la conflictividad social y los asuntos políticos. Conocido en el debate público y académico como judicialización, este fenómeno ha sido ampliamente abordado con relación a la predisposición de los jueces a involucrarse en la formulación de políticas, y en función de cómo los conflictos se transforman al insertarse en el campo del derecho. Sin embargo, son escasos los trabajos abocados a analizar los modos en que los fallos activistas –por ejemplo, aquellos que exigen la implementación de políticas– se convierten en problemas de política pública. El objetivo aquí es examinar los conflictos y controversias suscitados en los procesos de implementación de políticas judicializadas, allí donde se entrecruzan las lógicas jurídicas, sociales y político-institucionales. En última instancia, se apunta a indagar en los efectos de largo alcance de la judicialización para con las formas de desenvolvimiento de los conflictos y la producción de la acción pública. La tesis se focaliza en los sucesos iniciados en el año 2010 cuando, en el marco de la ejecución de una sentencia por la recomposición ambiental de la cuenca Matanza-Riachuelo, un juez federal les ordenó a los gobiernos condenados que despejasen la ribera de obstrucciones con el fin de abrir una vía de libre circulación (o "camino de sirga") a lo largo del río. Al aducir que su creación era una medida indispensable para facilitar el saneamiento, el magistrado dispuso la reubicación de las personas que allí vivían, en su mayoría habitantes de villas y asentamientos que se extendían hasta los márgenes del curso de agua. La orden de relocalización emitida por el juez se presentó como un paso más hacia la clausura del conflicto por el deterioro ambiental, pero catalizó uno nuevo signado por el desplazamiento de la población. Por lo tanto, cabe preguntarse, ¿de qué modos se redefinió el problema al salir de los tribunales y volcarse al terreno de la formulación e implementación de políticas? ¿Cómo se imbricó la formulación jurídica de la cuestión con los intereses y estrategias de los actores implicados en el proceso judicial? ¿Cuáles fueron sus efectos en relación a las dinámicas sociales presentes en los territorios ribereños? La tesis, centrada en el caso de las relocalizaciones llevadas a cabo en la ciudad de Buenos Aires, se basa en un diseño de investigación cualitativo. Éste implicó la utilización de instrumentos de recolección de información tales como observaciones participantes y no participantes, entrevistas en profundidad y análisis de documentos. Asimismo, se adoptó una estrategia de triangulación intramétodo que requirió el uso de fuentes tanto primarias como secundarias. A partir de esta metodología, se abordan tres objetivos específicos. En primer lugar, se analizan las controversias jurídicas suscitadas en el proceso de emergencia de las resoluciones que ordenaron la puesta en marcha de políticas de relocalización. En segundo lugar, se caracterizan los conflictos socioterritoriales catalizados durante la implementación de las relocalizaciones en relación con las estrategias llevadas a cabo por los afectados y sus defensores para sostener sus demandas. En tercer lugar, se examinan los dispositivos y mecanismos institucionales creados por los condenados para dar cumplimiento a las políticas ordenadas por la justicia, identificando sus límites y potencialidades para la tramitación de los conflictos. En última instancia, la sumatoria de estos objetivos permite comprender de qué manera el traslado de población de la ribera del Riachuelo como problema judicial se transformó al institucionalizarse y territorializarse. ; Cette thèse s'inscrit dans le champ d'études sur l'influence croissante de la justice et du droit sur le conflit social et les affaires politiques. Connu dans le débat public et académique comme judiciarisation, certains aspects de ce phénomène ont été amplement traités, notamment, la prédisposition des juges à s'impliquer dans la formulation de politiques, et la façon dont les conflits se transforment en s'insérant dans le champ du droit. Néanmoins, il y a un manque de travaux consacrés à analyser les manières dont les jugements dits activistes –par exemple, ceux qui exigent la mise en œuvre de politiques– deviennent des problèmes de politique publique. L'objectif est ici d'examiner les conflits et controverses suscités par les processus de mise en œuvre de politiques judiciarisées, là où les logiques juridiques, sociales et politicoinstitutionnelles s'entrecroisent. En définitive, on essaye de connaître les effets de grande portée de la judiciarisation sur le déroulement des conflits et sur la production d'action publique. La thèse analyse les évènements déclenchés en 2010 à partir de l'ordonnance d'un juge qui, dans le cadre de l'exécution d'une sentence portant sur la recomposition environnementale du bassin Matanza-Riachuelo, a obligé les gouvernements condamnés par celle-ci à dégager la rive de toute obstruction afin d'y ouvrir un chemin de circulation libre (ou « chemin de halage »). En allégeant que sa création était une mesure indispensable pour faciliter l'assainissement, le juge a prévu la relocalisation des personnes qui y résidaient, dans la plupart des habitants des bidonvilles qui s'étendaient jusqu'au bord de l'eau. L'ordre de relocalisation émis par le juge a été présenté comme un pas en avant vers la clôture du conflit autour de la détérioration environnementale, mais elle a aussi catalysé un autre conflit caractérisé par le déplacement de la population. Il faut se demander : comment le problème a été redéfini après sa sortie des tribunaux et son entrée dans le terrain de la formulation et implémentation des politiques publiques ? Quel rapport existe-t-il entre la construction juridique de la question et les intérêts et stratégies des acteurs impliqués dans le procès judiciaire ? Quels ont été les effets de cette imbrication sur les dynamiques sociales présentes dans les territoires riverains ? La thèse, centrée sur le cas des relocalisations effectuées dans la ville de Buenos Aires, repose sur un modèle de recherche qualitative. Ceci a impliqué l'utilisation des outils de collecte d'information comme des observations participantes et non participantes, des entretiens en profondeur, et l'analyse des documents disponibles. De même, on a adopté une stratégie de triangulation intra-méthode, qui a exigé l'usage de sources primaires et secondaires. Grâce à cette méthodologie, on aborde trois objectifs spécifiques. Premièrement, on analyse les controverses juridiques suscitées par le processus d'émergence des résolutions qui ordonnaient de mettre en marche les politiques de relocalisation. Deuxièmement, on caractérise les conflits socio-territoriaux catalysés pendant la période de mise en œuvre des relocalisations et leur rapport aux stratégies mises en place par les affectés et ses défenseurs pour revendiquer des droits. Troisièmement, on examine les dispositifs et mécanismes institutionnels créés par les gouvernements condamnés pour mettre en marche les politiques ordonnées par la justice, en identifiant ses limitations et potentialités pour la canalisation des conflits. Au bout du compte, la somme de ces objectifs permet de comprendre comment le déplacement de la population des rives du Riachuelo, en tant que problème judiciaire, s'est transformé en s'institutionnalisant et en se territorialisant. ; This thesis is focused on the field of research that has drawn its attention towards the growing influence of justice and law over social conflict and political matters. This phenomenon, known as judicialization in public and scholarly debates, has been broadly examined with regard to judges' tendency to get involved in policy making, and in relation to how conflicts change when they enter the field of law. However, not much research has been done about the ways in which activist rulings –e.g. those that demand the implementation of policies– transform into public policy problems. The goal here is to analyze the conflicts and controversies aroused during the implementation of judicialized policies, in the analytical crossroads between juridical, social and politicalinstitutional logics. Ultimately, I will examine judicialization's far-reaching effects on the ways in which conflicts develop and public action is produced. The thesis studies the events that took place since 2010 when, amid the execution of a ruling that required the environmental recovery of the Matanza-Riachuelo basin, a federal judge told the convicted governments to clear up the riverside from any obstructions in order to open a road (or a 'towpath') along the way. By asserting that its creation was a mandatory measure to achieve the basin's cleanup, the judge ordered the relocation of the people who lived in those lands, mostly inhabitants of slums that had spread up to the river margins themselves. The relocation order signed by the judge was shown as a means of putting an end to the environmental deterioration, but it actually triggered a conflict over the population's displacement. Therefore, it becomes relevant to ask: how was the problem redefined after leaving the courts and entering the field of policy making? How did the juridical elaboration of the issue overlap with the interests and strategies of the implicated actors? What were its effects over the social dynamics of the riverside territories? This thesis is centered on the case of the relocations in the city of Buenos Aires, and it is based on a qualitative research design. This implied using information collection instruments such as participant and non-participant observations, in-depth interviews and document analysis. Moreover, an intra-method triangulation strategy was adopted, which required the use of primary and secondary sources. Three specific goals are pursued. First, I analyze the juridical controversies aroused during the appearance of the resolutions that ordered the relocation policies. Second, I characterize the socio-territorial conflicts that took place during the implementation of the resettlements with regard to the strategies undertaken by those affected by those policies and their defendants in order to keep up their demands. Third, I examine the devices and institutional mechanisms created by the convicted government to apply the policies ordered by the judiciary, while identifying their limits and potentials for the channeling of conflicts. Ultimately, the sum of these goals enhances the understanding of how the relocation of the Riachuelo's riverside population, which was born as a judicial problem, changed by institutionalizing and territorializing. ; Fil: Scharager, Andrés. Universidad de Buenos Aires. Facultad de Ciencias Sociales. Instituto de Investigaciones "Gino Germani"; Argentina. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentina

In this edition, the reader will find ten articles distributed in two thematic sections: Cooperation and asymmetric international integration in matters of security, strategy and commerce and Global culture in international relations.Cooperation and asymmetric international integration in matters of security, strategy and commerce We opened the 2018-I edition of the article entitled "How to strengthen EU-China cooperation based on Belt and Road", by the authors Weidong Wang and Simona Picciau; in which the Belt and Road initiative, presented by the Chinese president Xi Jinping in 2013, promotes cooperation and the strengthening of person-to-person connections between Asia, Africa, and Europe. China has already signed cooperation agreements with more than forty States and trained thirty others. This initiative impacted the establishment of relations between China and the European Union, based on win-win cooperation and aimed at fostering mutual respect.Sonia Alda Mejías publishes her article "The challenges of Latin America to project as a regional actor in the field of international security", in which she considers the possibility of Latin America to project itself as a regional actor in the field of global security from a qualitative methodology. Also, reference as necessary the processes of subregional or regional integration and the development of national and international multilateral cooperation in the field of security and defense, and the participation of Latin American countries in international peace missions, from a sovereignty perspective very marked.The article "Notions of safety and control in the Northern Border Plan: an expression of teichopolitics", by the authors Gilberto Aranda and Cristian Ovando, considers the teichopolitics as a current expression of segmented globalization, which not only raises the erection of walls. Chile manifested this policy in the 70s, undermining border areas as preventive mechanisms to a foreign invasion and today, through the Northern Border Plan. This securitization mechanism aims to guarantee the continuity of trade flows and the cultural consequences that it entails, from the constructivist approach.Pablo Garcés Velástegui presents his article "Latin American integration as a wicked problem: the case for a plural approach". In this paper, social planning is not any problem, but a "wicked", not docile, a problem of exact sciences that involves a public policy issue; a problem hard to define, unique, inherently paradoxical, important, subject to many interpretations and, thus, without a correct solution. Latin American integration has these characteristics, and the implications are relevant for academics and decision makers. If regional integration continues to be approached as an easy problem, the results will probably continue to disagree with expectations."The United Kingdom and Argentina: geopolitics of technological constraint and strategic-export controls", by Daniel Blinder, shows how the United Kingdom controls the export of military or dual-use technology to the Argentine Republic through its defense institutions and trade, as well as with others of an international nature. A strategic public policy at a local and global level represented in the logical space/power, relative to the possibility of Argentina acquiring sensitive technologies.The co-authors Roldán Andrés-Rosales, Luis Alberto Sánchez-Miter and José Nabor Cruz Marcelo, present the article entitled "Insecurity and its impact on tourism in Guerrero: a spatial approach, 1999-2014". This paper gives the reader the possibility to know how Mexican insecurity has affected the economic growth of the State and the region at the tourist level. This is done through a case study in Guerrero because it obeys one of the most insecure areas, classified worldwide, which is an index of violence that shows the concentration of the danger through the analysis of the figures of the Institute. National Statistics and Geography."Asymmetric regionalism as the axis of the South American resistance to Brazil (2000-2013)", by Rita Giacalone, assumes that regionalism in itself creates asymmetric tensions. Brazilian regionalism has realistic, constructivist and institutionalist features, which emphasize such asymmetries following the region-centric paradigm. The organizations built to support the regional and global projection of Brazil generated resistance in South American governments between 2000 and 2013. This article analyzes the opposition of Chile, Argentina, and Venezuela, through a decentralized multipolarity.Global culture in international relationsWe open this thematic section with the article by Juliano Oliveira Pizarro titled "Governance of sport: an inflection of global governance?" In this, it is considered that the global is a birthplace of diverse actors that exercise specific governments, as represented by football. A sport made a social and cultural mechanism that suffers direct impacts from the globalizing processes. FIFA is a non-profit, non-governmental organization, although it may not seem so, because its activities express hybrid and contradictory conditions, either from the perspective of global governance or as a multinational company.Luis González Tule, in his article "Organization of global space in 'classic' geopolitics: a view from critical geopolitics", starts at the roots of the geopolitics and its development, in between of European imperial rivalries, global wars, border mutations, political changes, significant technological developments and transformation in the dynamics of power (1870 and 1945). The classic indoctrinators coming from the main powers established the geopolitical discourses to their accommodation.Thus, this edition closes with the article "The emergence and increase of Anti-Semitism in the Governments of Hugo Chávez and its relationship with the deepening of the relations between Venezuela and Iran (2005-2013)", by Margarita Figueroa Sepúlveda, which establishes the growth of media and Chavez anti-Semitic incidents in 2004, as well as their direct proportional relationship with the rapprochement and creation of new ties with the Islamic Republic of Iran. The ideological convergence —based on anti-imperialism— is analyzed through the empirical evidence provided by primary and secondary sources. The author considers that anti-imperialism made Israel be conceived as an enemy of both countries.Thanking the confidence of the institutional authorities again to edit the Journal of International Relations, Strategy and Security, I invite you to know, use and disseminate the content of this edition. ; En esta edición el lector encontrará diez artículos distribuidos en dos secciones temáticas: Cooperación e integración internacional asimétrica en asuntos de seguridad, estrategia y comercio y Cultura global en relaciones internacionales.Cooperación e integración internacional asimétrica en asuntos de seguridad, estrategia y comercio Abrimos la edición 2018-I con el artículo denominado "Cómo fortalecer la cooperación EE. UU. - China basada en el cinturón y la carretera", de los autores Weidong Wang y Simona Picciau, en el cual la iniciativa belt and road, presentada por el presidente chino Xi Jinping en 2013, promueve la cooperación y el reforzamiento de las conexiones persona-a-persona entre Asia, África y Europa. China ya ha firmado acuerdos de cooperación con más de cuarenta Estados y capacitó a otros treinta. Esto impactó el establecimiento de relaciones entre China y la Unión Europea, basadas en la cooperación win-win y direccionadas al favorecimiento del respeto mutuo.Sonia Alda Mejías publica su artículo "Los desafíos de América Latina para proyectarse como actor regional en el ámbito de la seguridad internacional", en el que contempla la posibilidad de América Latina de proyectarse como actor regional en el ámbito de la seguridad internacional desde una metodología cualitativa. Asimismo, referencia como necesarios los procesos de integración subregional o regional y el desarrollo de la cooperación multilateral intra e internacional en el ámbito de la seguridad y la defensa, y la participación de los países latinoamericanos en las misiones internacionales de paz, desde una perspectiva soberanista muy marcada.El artículo "Las nociones de seguridad y control en el plan frontera norte: una expresión de teichopolítica", de los autores Gilberto Aranda y Cristian Ovando, considera la teichopolítica como una expresión actual de la globalización segmentada, la cual no solo plantea la erección de muros. Chile manifestó dicha política en los años 70, minando zonas fronterizas como mecanismos preventivos a una invasión extranjera y hoy, a través del plan Frontera Norte. Este mecanismo securitario pretende garantizar la continuidad de los flujos comerciales y las consecuencias culturales que conlleva, desde el enfoque constructivista.Pablo Garcés Velástegui presenta su artículo "Integración latinoamericana como un problema perverso: el caso para un abordaje plural". En este la planificación social no es un problema cualquiera, sino uno "perverso", nada dócil, un problema de ciencias exactas que conlleva un tema de política pública; un problema difícil de definir, único, inherentemente paradójico, importante, sujeto a muchas interpretaciones y, así, sin una solución correcta. La integración latinoamericana tiene estas características y las implicaciones son relevantes para académicos y tomadores de decisión. Si la integración regional continúa siendo abordada como un problema dócil, los resultados probablemente seguirán discordando con las expectativas."El Reino Unido y Argentina: geopolítica de la limitación tecnológica y controles de exportación estratégicos", de Daniel Blinder, muestra cómo el Reino Unido controla la exportación de tecnología militar o de uso dual a la República Argentina a través de sus instituciones de defensa y comercio, así como con otras de índole internacional. Una política pública estratégica a nivel local y global representada en la lógica espacio/poder, relativa a la posibilidad de que la Argentina adquiera tecnologías sensibles.Los coautores Roldán Andrés-Rosales, Luis Alberto Sánchez-Mitre y José Nabor Cruz Marcelo presentan el artículo titulado "La inseguridad y su impacto en el turismo en Guerrero: un enfoque espacial, 1999-2014", que le brinda al lector la posibilidad de conocer cómo la inseguridad mexicana ha afectado el crecimiento económico del Estado y la región a nivel turístico. Esto lo hacen a través de un estudio de caso en Guerrero, pues obedece a una de las zonas más inseguras, clasificada a nivel mundial, lo que constituye un índice de violencia que muestra la concentración del peligro a través del análisis de las cifras del Instituto Nacional de Estadística y Geografía."El regionalismo asimétrico como eje de la resistencia sudamericana a Brasil (2000-2013)", de Rita Giacalone, supone que el regionalismo en sí mismo crea tensiones asimétricas. El regionalismo brasileño posee rasgos realistas, constructivistas e institucionalistas, que enfatizan tales asimetrías siguiendo el paradigma región-céntrico. Las organizaciones construidas para apoyar la proyección regional y global de Brasil generaron resistencia en Gobiernos sudamericanos entre 2000 y 2013. Este artículo analiza la resistencia de Chile, Argentina y Venezuela, mediante una multipolaridad descentralizada.Cultura global en relaciones internacionalesAbrimos esta sección temática con el artículo de Juliano Oliveira Pizarro titulado "Gobernanza del deporte: ¿una inflexión de la gobernanza global?". En este se considera que lo global es un espacio de nacimiento de diversos actores que ejercen gobiernos específicos, como lo representa el fútbol. Un deporte hecho mecanismo social y cultural que sufre impactos directos desde los procesos globalizadores. La FIFA es una organización no gubernamental sin fines lucrativos, aunque no lo parezca, pues sus actividades expresan condiciones híbridas y contradictorias, bien sea desde la óptica de la gobernanza global, o bien como una empresa multinacional.Por su parte, Luis González Tule, en su artículo "Organización del espacio global en la geopolítica "clásica": una mirada desde la geopolítica crítica", inicia en las raíces de la geopolíca y su desarrollo, en medio de rivalidades imperiales europeas, guerras mundiales, mutaciones fronterizas, cambios políticos, grandes desarrollos tecnológicos y transformación en las dinámicas de poder (1870 y 1945). Los doctrinantes clásicos provenientes de las principales potencias establecieron los discursos geopolíticos a su acomodo.Así, pues, la presente edición se cierra con el artículo "La emergencia y aumento del antisemitismo en los Gobiernos de Hugo Chávez y su relación con la profundización de las relaciones entre Venezuela e Irán (2005-2013)", de Margarita Figueroa Sepúlveda, que establece el crecimiento de los incidentes antisemitas mediáticos y chavistas en 2004, así como su relación directamente proporcional con el acercamiento y creación de nuevos lazos con la República Islámica de Irán. Se analiza la convergencia ideológica –sustentada en el antiimperialismo–, a través de la evidencia empírica proporcionada por fuentes primarias y secundarias La autora considera que el antiimperialismo hizo que Israel fuera concebido como enemigo de ambos países.Agradeciendo nuevamente la confianza de las autoridades institucionales para editar la Revista de Relaciones Internacionales, Estrategia y Seguridad, los invito a conocer, usar y divulgar el contenido de la presente edición. ; Nesta edição o leitor encontrará dez artigos distribuídos em duas seções temáticas: Cooperação é integração internacional assimétrica em assuntos de seguran- ça, estratégia, comércio e Cultura global em relações internacionais.Cooperação e integração internacional assimétrica em assuntos de segurança, estratégia e comércioAbrimos a edição 2018-I com o artigo denominado "Como fortalecer a coopera- ção EE. UU - China baseada no cinturão e a estrada", dos autores Weidong Wang e Simona Picciau, no qual a iniciativa belt and road apresentada pelo presidente chino, Xi Jinping em 2013, promove a cooperação e o fortalecimento das conexões pessoa-a-pessoa entre a Ásia, África e a Europa. China já assinou acordos de cooperação com mais de quarenta Estados e treinou a outros trinta. Isto impactou o estabelecimento das relações entre a China e a União Europeia, baseadas na cooperação win-win e direcionadas ao favorecimento do respeito mútuoSonia Alda Mejías publica no seu artigo "Os desafios da América Latina para projetar-se como ator regional no âmbito da segurança internacional", no qual contempla a possibilidade da América Latina de projetar-se como ator regional no âmbito da segurança internacional desde uma metodologia qualitativa. Assim mesmo, referência como necessários, os processos de integração sub-regional ou regional e o desenvolvimento da cooperação multilateral "intra" e internacional no âmbito da segurança e a defesa, e a participação dos países latino-americanos nas missões internacionais de paz, desde uma perspectiva "soberanista" muito marcada.O artigo "As noções de segurança e controle no plano fronteira norte: uma expressão de "teichopolítica", dos autores Gilberto Aranda e Cristian Ovando, considera a "teichopolítica" como uma expressão atual da globalização segmentada, na qual não fala somente na construção de muros. Chile manifestou tal política nos anos 70, minando zonas de fronteiras como mecanismos preventivos a uma invasão estrangeira, através do plano Fronteira Norte. Este mecanismo de segurança pretende garantir a continuidade dos fluxos comerciais e as consequências culturais que leva, desde o foco construtivista. Pablo Garcés Velástegui apresenta seu artigo "Integração latino-americana como um problema perverso: o caso para uma abordagem plural". Neste a planificação social não é um problema qualquer, si não um problema "perverso", nada suave, um problema de ciências exatas que encaminha a um tema de política pública; um problema difícil de definir, único, inerentemente paradóxico, importante, sujeito a muitas interpretações e assim sem uma solução correta. A integração latino-americana tem estas características e as implicações são relevantes para acadêmicos e tomadores de decisão. Sem a integração regional continua sendo abordada como um problema suave, os resultados provavelmente continuarão discordando com as expectativas."O Reino Unido e Argentina: geopolítica da limitação tecnológica e controles de exportação estratégicas", de Daniel Blinder, mostra como o Reino Unido controla a exportação tecnologia militar ou de uso dual para a República Argentina através de suas instituições de defesa e comércio, assim também como com outras de caráter internacional. Uma política pública estratégica a nível local e global representada na lógica espaço/poder, relativa a possibilidade de que Argentina adquira tecnologias sensíveis.Os co-autores Roldán Andrés-Rosales, Luis Alberto Sánchez-Mitre e José Nabor Cruz Marcelo apresentam o artigo titulado "A insegurança e o seu impacto no turismo em Guerrero: um enfoque espacial, 1999-2014", que lhe oferece ao leitor a possibilidade de conhecer como a insegurança mexicana tem afetado o crescimento econômico do Estado e da região a nível turístico. Isto o faz através de um estudo de caso em Guerrero, pois abrange a uma das zonas mais inseguras, classificada a nível mundial, o que constitui um índice de violência que mostra a concentração do perigo através das análises das cifras do Instituto Nacional de Estatística e Geografia."O regionalismo assimétrico como eixo da resistência sul-americana ao Brasil (2000-2013)", de Rita Giacalone, supõem que o regionalismo em si mesmo cria tensões assimétricas. O regionalismo brasileiro possui rasgos realistas, construtivistas e institucionalistas, que enfatizam tais assimetrias seguindo o paradigma "região-centrico". As organizações construídas para apoiar a projeção regional e global do Brasil geram resistência nos Governos sul-americanos entre 2000 e 2013. Este artigo analisa a resistência do Chile, Argentina e Venezuela, mediante uma multipolaridade descentralizada.Cultura global em relações internacionaisAbrimos esta seção temática com o artigo de Juliano Oliveira Pizarro titulado "Governança do deporte: uma inflexão da governança global?". Neste se considera que o global é um espaço de nascimento de diversos atores que exercem governos específicos, como representa o futebol. Um esporte feito para mecanismo social e cultural que sofre impactos diretos desde os processos globalizadores. A FIFA é uma organização não governamental sem fins lucrativos, ainda que não pareça, pois, as suas atividades expressam condições híbridas e contraditórias, seja ela, desde a ótica da governança global ou bem como uma empresa multinacional.Luis González Tule, por sua parte, no seu artigo "Organização do espaço global na geopolítica "clássica": um olhar desde a geopolítica crítica", inicia nas raízes da geopolítica e seu desenvolvimento, em meio das rivalidades imperiais europeias, guerras mundiais, mutações de fronteiras, mudanças políticos, grandes desenvolvimentos tecnológicos e transformações nas dinâmicas do poder (1870 e 1945). Os doutrinantes clássicos provenientes das principais potencias estabeleceram os discursos geopolíticos de acordo a sua conveniênciaAssim, a presente edição se fecha com o artigo "A emergência e aumento do antissemitismo nos Governos de Hugo Chávez e sua relação com a aprofundamento das relações entre Venezuela e o Iram (2005-2013)", de Margarita Figueroa Sepúlveda, que estabelece o crescimento dos incidentes antissemitas mediáticos e chavistas em 2004, assim como a sua relação diretamente proporcional com a aproximação e criação de novos laços com a República Islâmica do Iram. Se analisa a convergência ideológica –sustentada no anti-imperialismo–, através da evidencia empírica proporcionada por fontes primárias e secundarias. A autora considera que o anti-imperialismo fez que Israel fosse concebido como inimigo de ambos países.Agradecendo novamente a confiança das autoridades institucionais para editar a Revista de Relações Internacionais, Estratégia e Segurança, os convido a conhecer, usar e divulgar o conteúdo da presente edição.

In this edition, the reader will find ten articles distributed in two thematic sections: Cooperation and asymmetric international integration in matters of security, strategy and commerce and Global culture in international relations.Cooperation and asymmetric international integration in matters of security, strategy and commerce We opened the 2018-I edition of the article entitled "How to strengthen EU-China cooperation based on Belt and Road", by the authors Weidong Wang and Simona Picciau; in which the Belt and Road initiative, presented by the Chinese president Xi Jinping in 2013, promotes cooperation and the strengthening of person-to-person connections between Asia, Africa, and Europe. China has already signed cooperation agreements with more than forty States and trained thirty others. This initiative impacted the establishment of relations between China and the European Union, based on win-win cooperation and aimed at fostering mutual respect.Sonia Alda Mejías publishes her article "The challenges of Latin America to project as a regional actor in the field of international security", in which she considers the possibility of Latin America to project itself as a regional actor in the field of global security from a qualitative methodology. Also, reference as necessary the processes of subregional or regional integration and the development of national and international multilateral cooperation in the field of security and defense, and the participation of Latin American countries in international peace missions, from a sovereignty perspective very marked.The article "Notions of safety and control in the Northern Border Plan: an expression of teichopolitics", by the authors Gilberto Aranda and Cristian Ovando, considers the teichopolitics as a current expression of segmented globalization, which not only raises the erection of walls. Chile manifested this policy in the 70s, undermining border areas as preventive mechanisms to a foreign invasion and today, through the Northern Border Plan. This securitization mechanism aims to guarantee the continuity of trade flows and the cultural consequences that it entails, from the constructivist approach.Pablo Garcés Velástegui presents his article "Latin American integration as a wicked problem: the case for a plural approach". In this paper, social planning is not any problem, but a "wicked", not docile, a problem of exact sciences that involves a public policy issue; a problem hard to define, unique, inherently paradoxical, important, subject to many interpretations and, thus, without a correct solution. Latin American integration has these characteristics, and the implications are relevant for academics and decision makers. If regional integration continues to be approached as an easy problem, the results will probably continue to disagree with expectations."The United Kingdom and Argentina: geopolitics of technological constraint and strategic-export controls", by Daniel Blinder, shows how the United Kingdom controls the export of military or dual-use technology to the Argentine Republic through its defense institutions and trade, as well as with others of an international nature. A strategic public policy at a local and global level represented in the logical space/power, relative to the possibility of Argentina acquiring sensitive technologies.The co-authors Roldán Andrés-Rosales, Luis Alberto Sánchez-Miter and José Nabor Cruz Marcelo, present the article entitled "Insecurity and its impact on tourism in Guerrero: a spatial approach, 1999-2014". This paper gives the reader the possibility to know how Mexican insecurity has affected the economic growth of the State and the region at the tourist level. This is done through a case study in Guerrero because it obeys one of the most insecure areas, classified worldwide, which is an index of violence that shows the concentration of the danger through the analysis of the figures of the Institute. National Statistics and Geography."Asymmetric regionalism as the axis of the South American resistance to Brazil (2000-2013)", by Rita Giacalone, assumes that regionalism in itself creates asymmetric tensions. Brazilian regionalism has realistic, constructivist and institutionalist features, which emphasize such asymmetries following the region-centric paradigm. The organizations built to support the regional and global projection of Brazil generated resistance in South American governments between 2000 and 2013. This article analyzes the opposition of Chile, Argentina, and Venezuela, through a decentralized multipolarity.Global culture in international relationsWe open this thematic section with the article by Juliano Oliveira Pizarro titled "Governance of sport: an inflection of global governance?" In this, it is considered that the global is a birthplace of diverse actors that exercise specific governments, as represented by football. A sport made a social and cultural mechanism that suffers direct impacts from the globalizing processes. FIFA is a non-profit, non-governmental organization, although it may not seem so, because its activities express hybrid and contradictory conditions, either from the perspective of global governance or as a multinational company.Luis González Tule, in his article "Organization of global space in 'classic' geopolitics: a view from critical geopolitics", starts at the roots of the geopolitics and its development, in between of European imperial rivalries, global wars, border mutations, political changes, significant technological developments and transformation in the dynamics of power (1870 and 1945). The classic indoctrinators coming from the main powers established the geopolitical discourses to their accommodation.Thus, this edition closes with the article "The emergence and increase of Anti-Semitism in the Governments of Hugo Chávez and its relationship with the deepening of the relations between Venezuela and Iran (2005-2013)", by Margarita Figueroa Sepúlveda, which establishes the growth of media and Chavez anti-Semitic incidents in 2004, as well as their direct proportional relationship with the rapprochement and creation of new ties with the Islamic Republic of Iran. The ideological convergence —based on anti-imperialism— is analyzed through the empirical evidence provided by primary and secondary sources. The author considers that anti-imperialism made Israel be conceived as an enemy of both countries.Thanking the confidence of the institutional authorities again to edit the Journal of International Relations, Strategy and Security, I invite you to know, use and disseminate the content of this edition. ; En esta edición el lector encontrará diez artículos distribuidos en dos secciones temáticas: Cooperación e integración internacional asimétrica en asuntos de seguridad, estrategia y comercio y Cultura global en relaciones internacionales.Cooperación e integración internacional asimétrica en asuntos de seguridad, estrategia y comercio Abrimos la edición 2018-I con el artículo denominado "Cómo fortalecer la cooperación EE. UU. - China basada en el cinturón y la carretera", de los autores Weidong Wang y Simona Picciau, en el cual la iniciativa belt and road, presentada por el presidente chino Xi Jinping en 2013, promueve la cooperación y el reforzamiento de las conexiones persona-a-persona entre Asia, África y Europa. China ya ha firmado acuerdos de cooperación con más de cuarenta Estados y capacitó a otros treinta. Esto impactó el establecimiento de relaciones entre China y la Unión Europea, basadas en la cooperación win-win y direccionadas al favorecimiento del respeto mutuo.Sonia Alda Mejías publica su artículo "Los desafíos de América Latina para proyectarse como actor regional en el ámbito de la seguridad internacional", en el que contempla la posibilidad de América Latina de proyectarse como actor regional en el ámbito de la seguridad internacional desde una metodología cualitativa. Asimismo, referencia como necesarios los procesos de integración subregional o regional y el desarrollo de la cooperación multilateral intra e internacional en el ámbito de la seguridad y la defensa, y la participación de los países latinoamericanos en las misiones internacionales de paz, desde una perspectiva soberanista muy marcada.El artículo "Las nociones de seguridad y control en el plan frontera norte: una expresión de teichopolítica", de los autores Gilberto Aranda y Cristian Ovando, considera la teichopolítica como una expresión actual de la globalización segmentada, la cual no solo plantea la erección de muros. Chile manifestó dicha política en los años 70, minando zonas fronterizas como mecanismos preventivos a una invasión extranjera y hoy, a través del plan Frontera Norte. Este mecanismo securitario pretende garantizar la continuidad de los flujos comerciales y las consecuencias culturales que conlleva, desde el enfoque constructivista.Pablo Garcés Velástegui presenta su artículo "Integración latinoamericana como un problema perverso: el caso para un abordaje plural". En este la planificación social no es un problema cualquiera, sino uno "perverso", nada dócil, un problema de ciencias exactas que conlleva un tema de política pública; un problema difícil de definir, único, inherentemente paradójico, importante, sujeto a muchas interpretaciones y, así, sin una solución correcta. La integración latinoamericana tiene estas características y las implicaciones son relevantes para académicos y tomadores de decisión. Si la integración regional continúa siendo abordada como un problema dócil, los resultados probablemente seguirán discordando con las expectativas."El Reino Unido y Argentina: geopolítica de la limitación tecnológica y controles de exportación estratégicos", de Daniel Blinder, muestra cómo el Reino Unido controla la exportación de tecnología militar o de uso dual a la República Argentina a través de sus instituciones de defensa y comercio, así como con otras de índole internacional. Una política pública estratégica a nivel local y global representada en la lógica espacio/poder, relativa a la posibilidad de que la Argentina adquiera tecnologías sensibles.Los coautores Roldán Andrés-Rosales, Luis Alberto Sánchez-Mitre y José Nabor Cruz Marcelo presentan el artículo titulado "La inseguridad y su impacto en el turismo en Guerrero: un enfoque espacial, 1999-2014", que le brinda al lector la posibilidad de conocer cómo la inseguridad mexicana ha afectado el crecimiento económico del Estado y la región a nivel turístico. Esto lo hacen a través de un estudio de caso en Guerrero, pues obedece a una de las zonas más inseguras, clasificada a nivel mundial, lo que constituye un índice de violencia que muestra la concentración del peligro a través del análisis de las cifras del Instituto Nacional de Estadística y Geografía."El regionalismo asimétrico como eje de la resistencia sudamericana a Brasil (2000-2013)", de Rita Giacalone, supone que el regionalismo en sí mismo crea tensiones asimétricas. El regionalismo brasileño posee rasgos realistas, constructivistas e institucionalistas, que enfatizan tales asimetrías siguiendo el paradigma región-céntrico. Las organizaciones construidas para apoyar la proyección regional y global de Brasil generaron resistencia en Gobiernos sudamericanos entre 2000 y 2013. Este artículo analiza la resistencia de Chile, Argentina y Venezuela, mediante una multipolaridad descentralizada.Cultura global en relaciones internacionalesAbrimos esta sección temática con el artículo de Juliano Oliveira Pizarro titulado "Gobernanza del deporte: ¿una inflexión de la gobernanza global?". En este se considera que lo global es un espacio de nacimiento de diversos actores que ejercen gobiernos específicos, como lo representa el fútbol. Un deporte hecho mecanismo social y cultural que sufre impactos directos desde los procesos globalizadores. La FIFA es una organización no gubernamental sin fines lucrativos, aunque no lo parezca, pues sus actividades expresan condiciones híbridas y contradictorias, bien sea desde la óptica de la gobernanza global, o bien como una empresa multinacional.Por su parte, Luis González Tule, en su artículo "Organización del espacio global en la geopolítica "clásica": una mirada desde la geopolítica crítica", inicia en las raíces de la geopolíca y su desarrollo, en medio de rivalidades imperiales europeas, guerras mundiales, mutaciones fronterizas, cambios políticos, grandes desarrollos tecnológicos y transformación en las dinámicas de poder (1870 y 1945). Los doctrinantes clásicos provenientes de las principales potencias establecieron los discursos geopolíticos a su acomodo.Así, pues, la presente edición se cierra con el artículo "La emergencia y aumento del antisemitismo en los Gobiernos de Hugo Chávez y su relación con la profundización de las relaciones entre Venezuela e Irán (2005-2013)", de Margarita Figueroa Sepúlveda, que establece el crecimiento de los incidentes antisemitas mediáticos y chavistas en 2004, así como su relación directamente proporcional con el acercamiento y creación de nuevos lazos con la República Islámica de Irán. Se analiza la convergencia ideológica –sustentada en el antiimperialismo–, a través de la evidencia empírica proporcionada por fuentes primarias y secundarias La autora considera que el antiimperialismo hizo que Israel fuera concebido como enemigo de ambos países.Agradeciendo nuevamente la confianza de las autoridades institucionales para editar la Revista de Relaciones Internacionales, Estrategia y Seguridad, los invito a conocer, usar y divulgar el contenido de la presente edición. ; Nesta edição o leitor encontrará dez artigos distribuídos em duas seções temáticas: Cooperação é integração internacional assimétrica em assuntos de seguran- ça, estratégia, comércio e Cultura global em relações internacionais.Cooperação e integração internacional assimétrica em assuntos de segurança, estratégia e comércioAbrimos a edição 2018-I com o artigo denominado "Como fortalecer a coopera- ção EE. UU - China baseada no cinturão e a estrada", dos autores Weidong Wang e Simona Picciau, no qual a iniciativa belt and road apresentada pelo presidente chino, Xi Jinping em 2013, promove a cooperação e o fortalecimento das conexões pessoa-a-pessoa entre a Ásia, África e a Europa. China já assinou acordos de cooperação com mais de quarenta Estados e treinou a outros trinta. Isto impactou o estabelecimento das relações entre a China e a União Europeia, baseadas na cooperação win-win e direcionadas ao favorecimento do respeito mútuoSonia Alda Mejías publica no seu artigo "Os desafios da América Latina para projetar-se como ator regional no âmbito da segurança internacional", no qual contempla a possibilidade da América Latina de projetar-se como ator regional no âmbito da segurança internacional desde uma metodologia qualitativa. Assim mesmo, referência como necessários, os processos de integração sub-regional ou regional e o desenvolvimento da cooperação multilateral "intra" e internacional no âmbito da segurança e a defesa, e a participação dos países latino-americanos nas missões internacionais de paz, desde uma perspectiva "soberanista" muito marcada.O artigo "As noções de segurança e controle no plano fronteira norte: uma expressão de "teichopolítica", dos autores Gilberto Aranda e Cristian Ovando, considera a "teichopolítica" como uma expressão atual da globalização segmentada, na qual não fala somente na construção de muros. Chile manifestou tal política nos anos 70, minando zonas de fronteiras como mecanismos preventivos a uma invasão estrangeira, através do plano Fronteira Norte. Este mecanismo de segurança pretende garantir a continuidade dos fluxos comerciais e as consequências culturais que leva, desde o foco construtivista. Pablo Garcés Velástegui apresenta seu artigo "Integração latino-americana como um problema perverso: o caso para uma abordagem plural". Neste a planificação social não é um problema qualquer, si não um problema "perverso", nada suave, um problema de ciências exatas que encaminha a um tema de política pública; um problema difícil de definir, único, inerentemente paradóxico, importante, sujeito a muitas interpretações e assim sem uma solução correta. A integração latino-americana tem estas características e as implicações são relevantes para acadêmicos e tomadores de decisão. Sem a integração regional continua sendo abordada como um problema suave, os resultados provavelmente continuarão discordando com as expectativas."O Reino Unido e Argentina: geopolítica da limitação tecnológica e controles de exportação estratégicas", de Daniel Blinder, mostra como o Reino Unido controla a exportação tecnologia militar ou de uso dual para a República Argentina através de suas instituições de defesa e comércio, assim também como com outras de caráter internacional. Uma política pública estratégica a nível local e global representada na lógica espaço/poder, relativa a possibilidade de que Argentina adquira tecnologias sensíveis.Os co-autores Roldán Andrés-Rosales, Luis Alberto Sánchez-Mitre e José Nabor Cruz Marcelo apresentam o artigo titulado "A insegurança e o seu impacto no turismo em Guerrero: um enfoque espacial, 1999-2014", que lhe oferece ao leitor a possibilidade de conhecer como a insegurança mexicana tem afetado o crescimento econômico do Estado e da região a nível turístico. Isto o faz através de um estudo de caso em Guerrero, pois abrange a uma das zonas mais inseguras, classificada a nível mundial, o que constitui um índice de violência que mostra a concentração do perigo através das análises das cifras do Instituto Nacional de Estatística e Geografia."O regionalismo assimétrico como eixo da resistência sul-americana ao Brasil (2000-2013)", de Rita Giacalone, supõem que o regionalismo em si mesmo cria tensões assimétricas. O regionalismo brasileiro possui rasgos realistas, construtivistas e institucionalistas, que enfatizam tais assimetrias seguindo o paradigma "região-centrico". As organizações construídas para apoiar a projeção regional e global do Brasil geram resistência nos Governos sul-americanos entre 2000 e 2013. Este artigo analisa a resistência do Chile, Argentina e Venezuela, mediante uma multipolaridade descentralizada.Cultura global em relações internacionaisAbrimos esta seção temática com o artigo de Juliano Oliveira Pizarro titulado "Governança do deporte: uma inflexão da governança global?". Neste se considera que o global é um espaço de nascimento de diversos atores que exercem governos específicos, como representa o futebol. Um esporte feito para mecanismo social e cultural que sofre impactos diretos desde os processos globalizadores. A FIFA é uma organização não governamental sem fins lucrativos, ainda que não pareça, pois, as suas atividades expressam condições híbridas e contraditórias, seja ela, desde a ótica da governança global ou bem como uma empresa multinacional.Luis González Tule, por sua parte, no seu artigo "Organização do espaço global na geopolítica "clássica": um olhar desde a geopolítica crítica", inicia nas raízes da geopolítica e seu desenvolvimento, em meio das rivalidades imperiais europeias, guerras mundiais, mutações de fronteiras, mudanças políticos, grandes desenvolvimentos tecnológicos e transformações nas dinâmicas do poder (1870 e 1945). Os doutrinantes clássicos provenientes das principais potencias estabeleceram os discursos geopolíticos de acordo a sua conveniênciaAssim, a presente edição se fecha com o artigo "A emergência e aumento do antissemitismo nos Governos de Hugo Chávez e sua relação com a aprofundamento das relações entre Venezuela e o Iram (2005-2013)", de Margarita Figueroa Sepúlveda, que estabelece o crescimento dos incidentes antissemitas mediáticos e chavistas em 2004, assim como a sua relação diretamente proporcional com a aproximação e criação de novos laços com a República Islâmica do Iram. Se analisa a convergência ideológica –sustentada no anti-imperialismo–, através da evidencia empírica proporcionada por fontes primárias e secundarias. A autora considera que o anti-imperialismo fez que Israel fosse concebido como inimigo de ambos países.Agradecendo novamente a confiança das autoridades institucionais para editar a Revista de Relações Internacionais, Estratégia e Segurança, os convido a conhecer, usar e divulgar o conteúdo da presente edição.

PEBRUARY, 1901 ooTheoo ettysbiir Mercury CONTENTS The Flight of the Birds 239 The Taking of a United States Census 240 Pan-American Sports 243 A College Romance 244 The Treatment of the Skeptic 246 A Glimpse of Byron 248 Giving 254 Exchanges 255 Editor's Desk 258 The Past Our Present Pilot 259 A Financier (Continued) 263 A Twilight Reverie 266 "Taps" 266 An Era of Progress 268 G'BURG C. LIB. pUPLICATE FAVOR THOSE WHO FAVOR US. For Fine. Printing go to Tk Jo Eo Wile ftkilm Staff CARLISLE ST. GETTYSBURG, PA. C. B. Kitzmiller Dealer In Hats, Caps, Boots and Douglas Shoes GETTYSBURG, PA. R. M. Elliott Dealer in Hats, Caps, Shoes and. Gents' Furnishing Goods Corner Center Square and Carlisle Street GETTYSBURG, PA. EDGAR S. MARTIN, ^CIGARS AND SMOKERS' ARTICLES Chambersburs St., Gettysburg Leadership IN THE CLOTHING and MEN'S FURNISHING Business It is strictly here—everybody knows it. Testimony? The stock itself. The pen suffi-ciently nimble to tell all the good points of our ::::::: PALL AND WINTER. SUITS AND OVERCOATS has not been found. We will keep you dressed right up-to-date if you buy your Clothing and Furnishings here. : : : : STINE McPherson Block. No. II BALTIMORE STREET THE GETTYSBURG MERCURY. The Literary Journal of Pennsylvania College. Entered at the Postoffice at Gettysburg as second-class matter% VOL. IX. GETTYSBURG. PA., FEBRUARY, 1901. No. 8. THE FLIGHT OF THE BIRDS. MARGARET (HIMES) SEEBACH. Not one by one on lonely wing, They seek afar a sunny clime, When winds a chill from ice-fields bring The sombre Autumn-time; But when the cold rain comes to beat On tattered nest and drooping feather, They rise in rushing flocks, to greet The South-land all together. Not one by one, as single souls, We seek thy sunshine, Land of Light, When o'er our love-lit sky uprolls The first black shade of flight. When Pain comes whispering, " Rise and go I I bring the heart's bleak winter weather," Our pilgrim souls clasp hands, and so We journey home together I 240 THE GETTYSBURG MERCURY THE TAKING OF A UNITED STATES CENSUS. C. W. WEISER, '01. HPHE book-agent or peddler may meet with a door slammed in * his face, a couple of cross dogs let loose, or an angry and citrous tongue set wagging ; he may even meet with the toe of a boot, or some missile hurled violently at him—poor man ! But the enumerator who is discreet and courteous has none of these weapons of local warfare to fear. His way is paved by the an-nouncement in the local papers of his coming. All the cross dogs seem to be away on a visit, or else tied. The people greet you with, " I knew you'd be along ; I saw it in the paper.'' He, unlike the wretched book-agent, starts out knowing that he is going to succeed. He is not asking the people, in an indirect way, for dollars ; all he wants is their census. "Well, you hain't a going to get any of my senses," replied one woman. The census enumerator learns lessons and acquires experience which could be obtained in no other way. He comes in contact with all sorts and condition^ of men. Some of his experiences with these people are indelibly fixed in his memory. Many of them, indeed, are pleasant, and some of them ridiculously humor-ous ; while some of the scenes and tales of woe which incidentally come to his knowledge are pitiable in the extreme. It is our purpose to relate some of these experiences in the active service. In town the work was pleasant, and progressed rapidly, until I came to the manufacturing establishments, where it went slow. It was necessary to make a complete inventory of the books and property, which took much time. The proprietors, however, acted in a very courteous manner. In the country the work was more troublesome, owing to the distance between the different farms, and the rough roads I had to travel over. It was not an unusual occurrence to be seen pushing a wheel up a hilly road, which was almost too rough even for a buggy. The farmers were usually to be found in a back field at their corn. This meant a long tramp, and some-times several hours spent standing out under a scorching hot sun filling out the Agricultural report, for no one kept a book ac-count. But this was amply atoned for by a cordial invitation to a farmer's dinner. The required statistics were freely given, except in the case THE GETTYSBURG MERCURY 2A\ of a few illiterate people, who thought that this was only a scheme for increasing taxation. I met one man only who was unreason-able. Him, no amount of explanation would satisfy, until fright-ened into answering by the presentation of my census badge. All in all, the farmers proved themselves to be a well read, intel-ligent, courteous and hospitable people. It was, however, among the poor classes in or along themoun-tain side where one met with the most varied experiences. We came in contact with poverty and illiteracy of the most flagrant kind. The lack of suitable food and clothing was most evident. Some of the narratives were heartrending. I rapped at the closed door of a little shack one June morning, and soon saw the hag-gard and disheveled head of a distracted woman peer through a sidewindow. Soon the bolts were drawn and the door was opened. After I had completed the Population Schedule, and asked for the cause of the death of her child, the poor mother answered in tones of despair that it had frozen to death in bed one cold mid-winter night. Perched in an agony of physical and mental torment, in a lit-tle black hovel, through whose single window peered the dim light, I found a murderess—an ex-penitentiary convict. The look of despair, and fear, and torment, mirgled with every sign of the wildest passion, were sufficient to make one shudder. After a long and lonesome journey on horseback, through the wildest and most picturesque mountains in the state, I arrived one mid-day on the top of a lofty mountain. Far below lay a deep, narrow vale, wooded with the verdant forest. On the op-posite side loomed up lofty crags and peaks, proud sentinels of a scene of native grandeur which few have ever beheld, and which brought tears of rapture to the eye. In all this grand and lonely fastness there were but four families, for two of which I had to make this long trip. They had never been to school. Had no-where to go to church. Creeping in among the bushes I came across some rude hovels, in which dwelt gnome-like creatures, who spoke a dialect scarcely to be understood. The chief object which showed of any com-munication with the outside world, which I saw in one hovel, was a tin cup filled with tobacco standing in the centre of a rough table. Of this both men and women smoked and chewed. I suppose it was their only consolation. When asked the date of 242 THE GETTYSBURG MERCURY their birth, the one replied that she was born in "the corn husk-ing time," another in the " huckleberry season." When asked their age, they simply couldn't tell; they hadn't the faintest idea. At another house I rapped at the door. A woman answered, and after I had stated my business she simply turned her back and walked away. I followed her into the house, opened my portfolio, and began work. When I asked the date of her birth she studied awhile and finally drawled out, "Why—m—1749." (She was about thirty years of age.) Another woman said she was born in 1896. One old man replied, " My mommy hut mir net gesat" (His mother hadn't told him). No doubt you will ask whether the condition of these people of the mountains cannot be helped. It cannot, at least in this generation. It has been tried. Some of the children have been brought out to the town schools, and after years of hard toil and unceasing, patient effort 011 the part of the teacher, these chil-dren have gone back as ignorant as when they came. They could not spell d-o-g or c-a-t. When given warm clothing they could not be induced to wear much of it. Habits of thought and neat-ness could not be taught to them. When they spoke to each other it was in such guttural, and so rapid, that no one else could understand. And is it any wonder that these people have become so de-praved and mentally estranged ? Isolated from the world, amidst wild and lone surroundings, they have always lived in the same spot where their ancestors lived for two hundred years back. Under such conditions the natural condition would be for these people to drift back towards a wild and animal state. Thus, coming in contact with the high and the low, the rich and the poor, it will readily be seen what a wide range for the study of humanity the enumerator has. Much of the social and moral condition of our country cannot be conveyed by the great round numbers of a census report. It remains buried in the heart of the enumerator. 'Many a dream has vanished away, Many an ideal turned to clay ; Many a friendship proved untrue— Constant and lasting, Oh, how few !" THE GETTYSBURG MERCURY 243 PAN-AMERICAN SPORTS. '"PHE President of the Pan-American Exposition recently appoint- *■ ed a Committee on Sports, as follows: Jesse C. Dann, Chairman, Dr. Chas. Cary, J. McC. Mitchell, John B. Olmsted, Chas. M. Ranson, Seward A. Simons, Wm. Burnet Wright, Jr. Soon after its appointment the committee invited the follow-ing named gentlemen to act as members of an Advisory Committee on Amateur Sports: Hon. Theodore Roosevelt, Walter Camp, C. C. Cuyler, C. S. Hyman (Canada), C. H. Sherrill, A. A. Stagg, Benjamin Ide Wheeler, Casper Whitney. The appointment of this Advisory Committee emphasizes the desire of the Committee to have all amateur competitions occupy the highest possible plane. The Stadium, with a seating capacity of 12,000, is beautiful in design and promises to be one of the most successful architect-ural creations of the Exposition. It will surround a quarter-mile track with ground area ample for the requirements of all the events proposed. As to the nature of the athletic events planned, it may be said that amateur sports of all kinds will be encouraged as representing the most desirable of athletic competitions, and the members of the Committee on Sports, being college graduates, particularly wish to make a special feature of college sports. In the manage-ment of inter-collegiate events, it is the desire of the Committee that the various college associations be invited to undertake as far as possible the arrangement of the necessary details connected therewith. Although amateur sports will comprise a large part of the program, it is proposed to have such a number of professional events as will allow visitors an opportunity to witness the athletic skill of the best professionals. The character of prizes that will be offered has not yet been definitely determined upon, but the assurance may be given that prizes will be awarded of value as lasting souvenirs of athletic success at the Exposition. It is proposed to arrange a number of college baseball and foot-ball games, and it is especially desired by the Committee that the Eastern Inter-Collegiate (I. A. A. A.) Track Meeting be held in Buffalo next year. An ideal program might be to hold in the Stadium the East-ern Inter-Collegiate Meeting, then the Western Inter-Collegiate 244 THE GETTYSBURG MERCURY Meeting; these to be followed by a Pan-American Meeting open to competitors in the two previous meetings and to representatives of other Inter-Collegiate Associations. Other Inter Collegiate events have been considered, such as La Crosse, Cross Country Running with start and finish in the Stadium, etc., etc. The Committee on Sports hope that the Exposition may have a full college representation. It is proposed to hold many other sports in the Stadium, the A. A. U. Championship, Lawn Tennis, La Crosse, Cycling, Association Football, Water Sports, Trap and Target Shooting, etc., etc. All communications should be sent to Jesse C. Dann, Chair-man; 433 Ellicott Square, Buffalo, N. Y. c*p A COLLEGE ROMANCE. '99. Thro' a painted window Soft the sunlight falls, With a rainbow beauty Lighting- up the halls— With a touch of glory, Gilding dim, old walls. Stately arching pillars Rise above the stair, On the carven columns Stone-cut faces rare; Here a laughing satyr, Tearful naiad there. Graven deep, long ages Each has filled its space, Keeping watch in silence O'er the classic place. Time has laid no finger On each cold, still face. Motionless in sunshine, And in shadow so, Heeding not unnumbered Feet that come and go. Oh, what fiue romances Must these statues know! THE GETTYSBURG MERCURY 245 Could each sculptured image Open lips of stone, Tell to eager listening Secrets it hath known, Bits of lore and legend, Of the days long gone! Once a dark-eyed maiden Lingered near the stair, And a fair-haired Junior Stood beside her there, With one strong arm resting Strangely near her hair. Eyes of brown are meeting Eyes of tender blue, Hearts are closer beating— Lips are Hearing, too, How it came to happen Neither ever knew. Just a hurried pressure, One keen moment's bliss, But the face above them Saw the stolen kiss. When had graven image Looked on sight like this? Years have closed the lashes Over eyes of brown; One page in life's story Folds forever down. Thro' the classic hallway Others trail the gown. Tho' the silent statue May recall full well That romantic moment, Yet a magic spell Ouardeth still the secret— It can never tell! c*P Howe'er it be, it seems to me, 'Tis only noble to be good ; Kind hearts are more than coronets, And simple faith than Norman blood. —TENNYSON. 246 THE GETTYSBURG MERCURY THE TREATMENT OF THE SKEPTIC. J. B. BAKER, '01. TVTHAT the world is to-day, she owes to the skeptic. Before " he walked among men, the race was inert and drowsy and dull. No systems of thought were conceived, no rational explanations sought. It does appear sometimes, however, in going back to mythic lands and mythopceic days, that they must have been, indeed, an active state. The grotesqueness of their various colored myths is sometimes taken as a proof of mental keenness. The multiplicity of their beings, and the variety of their functions, connected as they are with almost every conceivable phenomenon of nature, is said to augur a deep measure of mental acumen on the part of the authors, as well as the people who believed in them and honored them. But they are not the product of a mature analysis ; only the fancies of a dreamy childhood. Their golden fables were nothing more than the gyrations of splendid color to the yawning child who is just rubbing the scales of sleep away from his eyes. They are the capricious imaginings of an awakening mind. In this setni-somiioleut condition the sons of men were long enwrapped, and cared little to abandon it. When Thales, Anaximines, Diogenes and others appeared with their various creeds and myth-dispelling dogmas, they dis-turbed the lethargy of their fellows, and incurred the hostility of many. Their names became the targets of false accusation, and their teachings were branded as dangerous. But the world of philosophy is not unique in its antagonism to the independent thinker. The realm of science is its kin. There was a time when scientific men believed the world to be fiat. Columbus said it was round, and instantly the tongues of ridicule were loosened on him. Yet upon his hypothesis rest the important calculations of to-day. There was a time when the sage men of the world held that "lightning was an almost infinitely fine combustible matter, that floats in the air and takes fire by sudden and mighty fermenta-tion; also, that it was a physical expression of God's wrath against the insects He had created." Benjamin Franklin was too practical a man for such idle spec-ulation, and showed them their folly by the flying of his kite. THE GETTYSBURG MERCURY 247 No sooner had he seized the bolts of Zeus, however, and shat-tered their theory to the good of mankind, than he was charged with an affront to the Almighty himself. Protecting houses against lightning was said to interfere with the prerogatives of Deity, and when, three years after the experi-ment, New England was shaken by an earthquake, a Boston divine contended, in a sermon preached on the subject, that light-ning rods, by gathering the electricity from the clouds and ac-cumulating it in the earth, were the causes of the upheaval. There was a time, even later than that, when the stage-coach was the fastest mode of transportation, when steam locomotion was unknown and little thought of. George Stephenson went to work to construct an engine, and this is what the Quarterly Re-view had to say: "What can be more palpably absurd and ridicu-lous than the prospect held out for locomotives traveling twice as fast as stage-coaches. We would as soon expect the people of Woolwich to suffer themselves to be fired off in one of Congreve's cannons as to trust themselves to the mercy of such a machine going at such a rate." Another authority of equal prominence said that " the poisoned air of the locomotives would kill the birds." Waile still another insisted that " there would be no further use for horses." Such examples might be added to an almost infinite number, but would only strengthen a truth already quite patent. There is yet another sphere of activity in which the skeptic, or man of thinking, figures prominently, and that is the world of religious thought. Nowhere does dissension touch such a vital point in man's destiny, and nowhere has it been punished with greater severity. The men of courage, who gave us the heritage of a pure gos-pel, were men who felt the hand of inquisitional torture. They were men whose flesh and bones were blistered and charred by the fagots of fire; men who were driven about like the master they followed, with nowhere to lay their heads. We honor them, and mention their names with oracular reverence. But we are judging them all from the vantage ground of tested history. What shall be our attitude toward the skeptic of to-day ? Con-servatism might advise us to shun him as we would shun a ser-pent. Radicalism might tell us to be fearless and read his works. We shall not presume to answer the question, but consider it wise 243 THE GETTYSBURG MERCURY to resort to that sage old philosopher, who said, "Know thyself," and to a still higher authority, which says, "Know the truth, and the truth shall make you free." Above all things, whether we believe him or not, whether he is right or wrong, it is due to us to respect him for his independent thought and candor. "Honor the honest man. Earth rears but few. Only at God's white forge are such souls wrought. Rare honest man. His mind perchance sees truth In different forms from thine, yet honor him. Perchance his vision thy dim sight transcends And what to thee appears sublime and sure As the eternal hills, to him is but A bubble in the air. Perchance when thou Hast found the crystal spring whereof he drinks Thou, too, wilt quaff, and own the light divine." A GLIMPSE OP BYRON. HTHE meteoric career of this celebrated, but ill-starred poet has * been a subject of study for all lovers of literature and its makers. Meteoric, both because of its brilliancy and short dura-tion. Byron's popularity, in his day, was greater than that of any of his contemporaries, but it was much briefer and more in-constant, and to-day the general verdict pronounced by the read-ing public and literary reviewers, is against him. To-day men praise the highland ruggedness and simplicity of Scott's poetry; its bold irregularity and indifference to minor imperfections, claiming all to be the highest attributes of genius; they speak with unchilled ardor of Wordsworth: his great and sympathetic heart; his tender but manly verse, always sincere, often profound and ever, the genuine utterances of a true priest of the spirit; Southey and Coleridge are both loved and lauded for their large-ness of vision and poetic truth; but Byron who was hailed as he rose over the horizon in the artlessness and inexperience of his youth, as a star of the first magnitude, as the brightest orb in the firmament, is now almost universally despised and deserted; an outlaw under the ban of moral reproach and literary censure, he stands friendless in the gloom of his solitary exile. That Byron was endowed with rare natural gifts, that his poetry bears the evi-dence of exceptional powers are denied by no impartial reviewers; THE GETTYSBURG MERCURY 249 that his poems lack energy, emotional colouring, daring in in-vention and many of the less definable qualities of poetry cannot be rationally insisted upon; bat that his poetry is unfit for the hands and hearts of innocent and impressionable youth and that it revolts the moral sensibilities of the more mature in years and experience, as well as offends the literary taste of the cultured, are matters of fact, known to all students of English literature. This apparent paradoxical fact must be accounted for by the unfortunate accompaniments that attended and marred his genius. His powers were of the first order, but they were accompanied by a pessimistic and envenomed spirit, a haughty egotism—though this he endeavored to conceal,—and at last, what reversed his early successes, a growing affectation of contempt for public opinion or private regard. There was a mixture of literary and moral virtues with literary and moral vices in which the propor-tion of vice became predominant, and eventually prostituted his genius to the service of shame and folly in their most attractive and insidious forms. Censorship should not be unjust, not even unsympathetic towards this most to be pitied of poets. His works to be properly appreciated, and his unwholesome sentiment and thought to be viewed in a fair light, must be traced back to his sad life as their source of inspiration, and there though the works may justly be reprobated as unchaste and injurious,we cannot help, at least but partially exonorate their author, when we view the circumstances that gave them birth and determined their character. Born into the world with a tender but impetuous and some-what petulant nature, he was alternately visited with passionate caress and indiscriminate and vindictive disfavor by his mother, —caressed into self-will and pride, he was upbraided and scolded into ill-temper and defiance; his sensitive young nature was embittered; his strong propensity to love and crave it in return was here first disappointed and thwarted; here his spirit began to be discolored with that tinge of hatred and haughty contempt for human kind that disfigured his poetry and ruined his life. Leaving home with scarce a regret save that at the expiration of the school term he would have to return, he hoped to enter a more wholesome social atmosphere, to mingle among more active and congenial spirits, and there find that sympathy, trust and esteem for which his ardent young nature panted. His friendships, 250 THE GETTYSBURG MERCURY as may be imagined, were few but fast, nearly always broken, if broken at all, through his own petulance upon the most trivial occasions, but generally soon renewed with ties of stronger affec-tion and mutual respect. Precocious emotional susceptibility exposed him at a very early age to the vexatious experience of unreasoning loves. The mistresses of hisyouthful passions uniformly repelled his advances, little knowing that they were crushing a heart that would bleed, not for a day, or a week, or a month, but for a lifetime; that they were rejecting a passion, which, exalted by a sanctified home-life, would have provided and enriched every endearment of wedded felicity; but spurned with indifference in its first ventures, would turn to the madness of despair. The haughty pride of his untamed spirit was insulted at every turn; his keen sensibility to neglect or offense kept his resent-ment, against somebody or other, at white heat the greater por-tion of his life, making him new enemies, and decimating fre-quently the ranks of his friends—those who generally endured his eccentricities, and enjoyed his confidence and esteem. His first effort in poetry was a juvenile performance, with meagre promise of his later fame in it, written at school and pub-lished when he left the University under the title, " Hours of Idleness." It was assailed at once by Francis Jeffreys, the most celebrated critic of his day, in the Edinburgh Review. The poem, prefaced with a disavowal of all poetical aspira-tions and a cleverly written appeal to the clemency of the critics was condemned without reserve, its faults exposed with relent-less accuracy, and, in general, treated with so much ridicule and contempt that Byron was aroused, the latent powers of sarcasm and irony that lay sleeping within him were awakened, and he seized the pen and wrote with the energy and inspiration of a demon, "English Bards and Scotch Reviewers," venting indis-criminate calumnies upon all writers and critics of his day. This poem, though written in the rashness of youth, and in some re-spects inviting severe censure as " misplaced anger and indis-criminate acrimony," for the first time announced his real power. His skill in versification, the vigor of his thought, the terrible energy of his feelings, and brilliancy of sarcastic wit, proclaimed at once to England that no common man had risen, and prophe-cies were many and sanguine of his future fame. THE GETTYSBURG MERCURY 251 After having been rebuked by every journal, by critic and even friends for his unjust assault upon men of genius and merit, some of established reputation and venerated name, he became dissatisfied at home, and, conceiving his talents not duly appre-ciated, and himself slighted, he sailed from England and traveled throughout the continent, visiting Spain, France, Switzerland and Italy. During his tour he wrote the first two cantos of " Childe Harold." This poem, written in the verse of Spencer's " Fairie Queen," though often affectedly antiquated in style, and always darkened by skepticism and misanthropy, is energetic and manly in thought always, in spirit often, and his language is picturesque and expressive, conjuring from the world of fancy the weird but vivid and copious imagery that so uniformly characterizes all his poetry. This rhythmic tale is regarded as a poetical version of his own life, the central figure throughout the narrative no other than the haughty Byron himself, masquerading in an imperfect disguise. The spirit, the pictured career and dismal sentiments of the self-exiled hero, are all paralleled in Byron, though he strenuously denied their identity, alleging that Harold was wholly an inde-pendent creation, without an existing prototype, at least under his observation. The poet, however, in the fourth canto identi-fies himself with the gloomy pilgrim visiting earth's historic scenes, as if no longer caring to maintain his false character. All the poetry that followed was animated by the same spirit; characters were changed in name, but not in essence ; scenery was altered; the tale diversified by fresh incident; yet through it all stalked Harold's sombre ghost casting a shade of gloom and sadness over it, and breathing into it his philosophy of despair. Frequently Byron was bitter, but that in his attacks upon so-ciety, upon the virtues and excellencies of character, which most men admire and magnify, he was insincere, and did not give utterance to sentiments actually his own, only unsympathetic and misled readers dare assert. His poetry above any other of his age bears the stamp of its author's character, the seal of his spirit, though often gracefully concealed, and impresses the reader that whatever the scenes, whatever the characters, Byron is there and speaks from the innermost depths of his heart. "From the in-nermost depths of his heart," for in all his works the energy of his 252 THE GETTYSBURG MERCURY spirit burns with a blazing heat and like a kindled furnace throws its wild glare upon the narrow scene it irradiates; little difference whether he wrote of angels or villains, of princes or beggars, the torch of his thought and feeling was lighted at the same flame. This sombre color and despairing energy of his genius, though admirable in the proper place and proportion, makes it impossible for him to sympathize with the ordinary and more generous feel-ings of humanity. He could not elevate the simple and obscure life, the pure love, the trials, the sorrows, the tradegy and comedy of those low in station and humble in fortune, into the realm of poetic beauty as Burns; Nature had denied him the tender respon siveness of heart to song of bird, ripple of brook, the sigh of wind, which it so richly bestowed upon Wordsworth. Byron was fasci-nated by rugged scenery, by nature in her violent moods but never loved her for herself, and though his poetry abounds with allusions to and descriptions of mountain and lake, ocean and forest, they serve but to suggest by analogy some mood of man—and that mood how monotonously the same ! What a sublime range of character, what inexhaustible re. sources of human feeling, what a wealth of poetic mystery, beauty and truth investing diversified nature and human life were left un-touched by his master pen. Had his energy of spirit not been perverted and confined to the narrow channels into which it was forced, had his harp been tuned to more numerous and pleasing chords, who can say that with his exuberance of imagination, ca-pacity for reflection and poetic insight and art, Byron would not have been the chief ornament of his day and generation, his mem-ory cherished with fondest admiration, and his poetry a more per-manent and vastly more desirable addition to our literature. Of this sad fact Byron was not ignorant and often took occasion in his verse to rebuke his impetuous and monotonous strain of feeling and ardently prayed for tranquillity of spirit and soberness of mind. Serene landscapes, peaceful waters, inspired longings "to forsake earth's troubled waters for a purer spring." "Clear placid Leman," he cries, "once I loved Torn ocean's roar but thy soft murmuring' Sounds sweet as if a sister's voice reproved." During the early stages of his literary career he resolves but in vain to tame his wild passions and to think and feel as other men: THE GETTYSBURG MERCURY 253 "Yet must I think less wildly; I have thought Too long and darkly, till my brain became In its own eddy boiling- and o'erwrought A whirling gulf of phantasy and flame, And thus untaught in youth my heart to tame My springs of life were poisoned,—"Tis too late." The tragedy of a soul here seems to reach its catastrophe in the utterance of the concluding sentence: '' 'Tis too late !'' Byron here appears to stand on a commanding eminence and view with retrospective survey the irredeemable past, lamenting the errors of his way, but all "too late," and theu with sublime heroism to submit to the doom prepared for him, "to feed on bitter fruits without accusing Fate;'' to chide himself with the guilt of his own desolation: "The thorns which I have reaped are of the tree I planted—they have torn me and I bleed, I should have known what fruit Would spring from such a seed." His poetry thus is the musical wail of a proud yet broken spirit; a life with many shattered yet many vibrant strings; it is a feast of beauty attended by the unclean spirits of an unchaste mind, a song with the vigor and spirit of a march and the sadness and gloom of a dirge; the tuneful philosophy of a man who knew both too much and too little of himself and his fellow mortals, who in tempest and calm sailed life's pathless sea without chart or compass; a man with more than the usual powers of men, but destitute of their most common possession—character. "A wandering mass of shapeless fame, A pathless comet and a curse, The menace of the universe, Still rolling on with innate force Without a sphere, without a course." —TID BITS. Oh, many a shaft at random sent Finds mark the archer little meant; And many a word at random spoken May soothe or wound a heart that's broken. —SCOTT. 254 THE GETTYSBURG MERCURY GIVING. When God brought forth the world we're told, He did it by decree, , Just spake the word, and chaos rolled Into consistency. But when the race of human-kind To sin became a slave, Not all the words in Perfect Mind Could ransom, so He gave. He gave his child, the anointed One, The best in Heaven above, That man might learn through His dear Son How God indeed is Love. And so must we, if we would be Found walking in His ways, Show to mankind that sympathy, That gives as well as prays. A word well said may often thrill, A happy song may cheer, But souls will ne'er be won, until Kind deeds with words appear. They are the vessels that contain The oil of healing grace, And they alone can free from pain The deep-scarred human race. Then let our eyes be e'er alert, Our neighbors' want to see, Our hands and feet grow more expert To bear them sympathy. For thus it is, each little chance Improved, becomes a gem, Whose lustre shall fore'er enhance Our heavenly diadem. —ERNIE. e$P Three poets in three distant ages born, Greece, Italy and England did adorn ; The first in loftiness of thought surpassed, The next in majesty, in both the last. The force of nature could no further go; To make a third she joined the former two. -DRYDEN. THE GETTYSBURG MERCURY. Entertdat the Postojfice at Gettysburg as second-class matter. VOL. IX. GETTYSBURG, PA., FEBRUARY, 1901. ' No. 8 Editor-in- Chief, . A. VAN OR.MER, '01. Assistant Editors, W. H. HKTRICK, W. A. KOHLER. Business Manager, H. C. HOFFMAN. Alumni Editor, REV. F. D. GARLAND. Assistant Business Manager, WILLIAM C. NEY; Advisory Board, PROF. J. A. HIMES, LIT. D. PROF. G. D. STAHLEY, M. D. PROF. J. W. RICHARD. D. D. Published monthly by the students of Pennsylvania (Gettysburg) College. Subscription price, One Dollar a year in advance; single copies Ten Cents. Notice to discontinue sending- the MERCURY to any address must be accompanied by all arrearages. Students, Professors, and Alumni are cordially invited to contribute. All subscriptions and business matter should be addressed to the Business Manager. Articles for publication should be addressed to the Editor. Address THE GETTYBURG MERCURY, GETTYSBURG, PA. EXCHANGES. [From the January TOUCHSTONE, Lafayette.] Our Contemporaries. I HAVE heard it said that we never have original thoughts; that even those which we consider original have been worked over in the minds of others who have gone before. It seems impossible, however, that two college men, apparently far sepa-rated, should have had thoughts so exactly similar, and above all, that they should have expressed them in language so similar, as have two men representing two of our prominent colleges. This is an age of psychological phenomenon, and the power ot one mind over another is unquestioned ; but, if the case under consideration comes under this head, there evidently remains a field of psychological research yet unfathomed. 2S6 THE GETTYSBURG MERCURY We ask the aid of those interested in honest college literary work, in the solution of the following mystery : In the Nassau Literary Magazine for October, 1900, was printed the MacLeau prize oration, entitled "An Ideal of American His-tory." In the Gettysburg Mercury for November, 1900, appeared an oration, entitled " Abraham Lincoln." We quote from these two articles, and print them in parallel columns. AN IDEAL OF AMERICAN HISTORY. Thirty-five years have gone by and the Republic is stronger than ever. The battle smoke of the civil war has rolled away, and to-day when we look into the clear past, our first glance meets the colossal figure of Abraham Lincoln. He is an American mountain—when you view minutely and examine care-fully each particular crag or fea-ture, how homely he seems ! But stand back half a century, behold the entirety—do you not see an Al-mighty hand ? We say an Ameri-can mountain, for you cannot think of Lincoln as a Grecian or a Roman, he is not English and certainly not French—he is ours, the man be-longs to. us alone, while his fame is the world's. Our broad country can no more contain that, than the present race can compute its dura-tion. Ages are the units which shall measure its extent, and eter-nity shall not behold it9 comple-tion. Let us for a while then con-sider him who, under God's provi-dential hand, more than any other, preserved our liberties and main-tained for us our national govern-ment. ABRAHAM LINCOLN. Thirty-five years have passed and the Republic is stronger than ever. The battle-smoke of civil war has rolled away, and as we louk into the clear past, our first glance meets the colossal figure of Abra-ham Lincoln. He seems a moun-tain— when you examine each par-ticular crag and feature, how home-ly he appears; but stand back half a century, behold theentirety—Do you not see the hand of God ! We wonder at him for his greatness, and we are proud of him that he is ours. We cannot imaging Lincoln as a Grecian or a Roman; he is not English and certainly not French —he belongs to us alone, but his fame is the world's. Our broad land can no more contain that than the present generation can esti-mate its duration; ages are the units which shall measure its ex-tent, and eternity shall not behold its completion. Let us for a while then consider him who, under God, more than any other, preserved our liberties and kept us as a peo-ple what we are. The Nassau Literary Magazine Princeton University Princeton, N. J., Jan. 29, 1901 Editor Gettysburg Mercury, « Dear Sir: You have probably noticed in the Lafayette Touchstone for January, 1901, in the department headed Our Contemporaries, that attention is called to two orations, one entitled "An Ideal of American History," which was published in this magazine in the THE GETTYSBURG MERCURY 257 October number and another, entitled "Abraham Lincoln," which appeared in your magazine for November. The opening para-graphs of the two orations are printed in parallel columns and are so similar that it leaves no doubt in our mind that either one was copied from the other or else both were taken from a common source. If you will read what the Toiichstonc says you will prob-ably come to the same conclusion. Now this matter should be sifted to the bottom and it is to the interest of both magazines to see that it is done. I send you a copy of the Lit. which contains "An Ideal of American History" and request that you send us the November number of the Mercury. Will you also state who wrote the oration on "Abraham Lincoln," when it was delivered, and when probably written. Also the home residence of the man who wrote it. "An Ideal of American History" was delivered here last June and won the Junior McLean Oratorical prize of $ioo. I trust you will appreciate the seriousness of this for both of us, and help me to find out the truth of the matter. Awaiting an early reply, I am, sincerely RALPH P. SWOFFORD. The above are self-explanatory. It but remains for the MER-CURY to clear away the accumulated mist, thus vindicating Mr. Heilman and his alma mater as well as the MERCURY. For this purpose we find sufficient testimony in Mr. Heilman's Statement. "March 9, 1900, I delivered the oration at Collegeville before the Pennsylvania Inter-Collegiate Oratorical Union; March 10, joined Glee Club on trip at Carlisle; March 19, returned to Get-tysburg from Glee Club trip and found awaiting me a letter from Princeton, written by a '97 alumnus of the Harrisburg High- School, whose classmate I had been for about 9 mouths. The letter asked me to send a copy of my oration for a few hints and ideas, as the '97 alumnus was preparing an oration soon to be de-livered. Sent copy of oration to Princeton March 20th or 21st. Handed oration to Dr. Himes in competition for Geis Prize— third number. [The third production for the Geis prizes is due May 1st.—Ed.] Have not seen the manuscript since." The oration came into possession of the MERCURY from the Geis prize committee through Dr. Himes, before the close of 258 THE GETTYSBURG MERCURY college in June. We published it in the November MERCURY, and the original manuscript is still in our possession. We hope the above is a satisfactory explanation—that it is not necessary to ramble through that "field of psychological research yet unfathomed." It is to be hoped, further, that this, as a warn-ing to college men, may prove beneficial. Gettysburg does not suffer from the "mix up;" indeed we may feel complimented that one of our men wrote the oration that won the MacLean prize of $ioo at Princeton University, knowing that it was not sent for the use made of it. Princeton, come out. Lafayette, give us due credit. S. A. VAN ORMER, Ed. MERCURY. EDITORS' DESK. Following the custom of former years, no January number of the MERCURY was issued. The question of special programs in our literary societies is be-ing discussed. That they have merit no one will doubt; but whether they should occur so frequently is, indeed, a question. The object of the societies is to train their members for the duties that shall rest upon them in years to come by assisting in and completing that harmonious development that shall send the col-lege student into the world well-rounded. Our discoveries in science have been made by men who worked in seclusion; our masterpieces in literature and in art have not been wrought before the gaze of cheering throngs; the men who have "moved the masses" in days agone have frequently talked to the ocean's waves and the forest's trees. Young men, that they may be successful, must cultivate the habit of working with-out artificial stimulus. As this is the last issue of the present staff, we desire to ex-press our appreciation of the hearty support we have received from those interested in THE MERCURY. We have at all times had sufficient material on hand. Whether or not we have selected wisely the material used, others must determine. We have tried THE GETTYSBURG MERCURY 259 to maintain the standard formerly held by THE MERCURY among the college journals of the State. In conclusion, we remind the Professors, Students and Alumni of Pennsylvania College that the standard of her journals have much to do with her success ; and we bespeak for the new staff the same hearty support given us, that the literary journal of the institution may be worthy ot Pennsylvania College. THE PAST OUR PRESENT PILOT. CHAS. LEONARD, '01, Reddig Junior Oratorical Prize. ■CAR back through the dim, dim vistas of the ages, when chaos, ■*■ darkness and void had receded in obedience to the eternal fiats of the Omnipotent, to give place to cosmos, light, and cre-ation, there appeared in that creation a creature whose progress and destiny have been the objects of the concern of two worlds. The earth was man's birthday present. "Go forth and subdue it" was the divine commission, and the history of the race is the story of the warfare that has been going on ever since that com-mission has been received. As the nineteenth century gates swing on their hinges, soon to shut into the hoary past another century, we feel like one who is leaving the harbor to sail an untried sea; in whose vision friends throwing kisses of good-by, and waving handkerchiefs for a suc-cessful voyage, are fast fading from view, and from whose sight the well beloved shore is receding and has at last merged into the misty horizon overhanging the deep. In the stately ship of civilization we are about to launch on a trackless ocean. Farewell to the past—only its lessons are any longer ours. Welcome the future, in which we are to live and act! I^et our prayers be united that our majestic ship may clear all the dangerous rocks that lie just beneath the surface, any one of which may prove fatal to the progress of the "Ship of State." As we stand at the stern of the vessel, looking out upon the watery expanse stretching into eternity on either side of the wake, with our mind's eye we take a retrospective glance into the history of the past. We look into the realm of discovery and we note that the most important contribution of this realm to civilization has been the discovery of laws in the moral and the physical universe. 260 THE GETTYSBURG MERCURY Ages ago the minds of men craved to understand the laws of the heavenly bodies, and the skies did speak to the old Chaldean shepherds, but in an unknown language. They were transported by the rich melody of the spheres, but could not appreciate or understand the celestial anthem. Ptolemy listened and caught a few scattered words; Copernicus hearkened and caught the first full sentences: Kepler and Newton gave us the first translation of the rythmical language of the heavenly orbs. Thus we see the gradual development of the scientific spirit in the presence of which truth has always unveiled her face and made herself known, as she has come to answer the everlasting "Why?" of science. In philosophy the same development is strikingly real. Man in his eagerness to answer the two questions concerning himself of "Whence?" and "Whither?" at first indulged in speculations that seem to us to the last degree chimerical. Twenty-five centuries have made but comparatively few changes on the face of the material world. A Greek of the fifth century B. C. might still find his way without difficulty from town to town of his native Hellas, and recognize at a glance the scenes of his childhood days, but he would find the world of thought a new creation or rather the old so transformed as to be unrecognizable. We have emanated from the mist and fog which enveloped the old Pagan philosophers. We have transcended the highest thought of grand old Socrates. Thought can no longer be said to be "An infant crying in the night, An infant crying for the light, And with no language but a cry." In the sunlight of truth this infant of thought has grown to a great stature, though it has not yet attained the perfect symmetry of maturity. The discovery of laws has been just as important and extensive in the social and political world as in the realm of philosophy. Every century has been an improvement over the preceding. Nations have been born, grown up, and died, while history, the coroner of the fallen empires of the past, has declared at the autopsy, "The cause of death was the result of a departure from law, either undiscovered or disobeyed" and standing, a silent sentinel, in the ashes of their former glory, pointing her finger toward the future she says in prophetic voice to all surviving nations "Beware!"— THE GETTYSBURG MERCURY 261 a word so full of meaning when uttered by such an authoritative voice. Are we heeding this long sounded warning? Shall we dare say that the past is meaningless? Shall we not profit by the wise instruction it has to give? The Mu