In der vorliegenden Studie wurden verschiedene Techniken eingesetzt um drei Proben (4, 7, and 8) die aus denrnKorrosionsprodukten von aus dem Kosovo Krieg stammenden Munitionskugeln, bestehend aus abgereichertem Uranrn(Depleted Uranium - DU), zu untersuchen. Als erstes Verfahren wurde die Raman-Spektroskopie eingesetzt. Hierbeirnzeigte sichin den Proben, charakterisiert durch einen Doppelpeak, die Anwesenheit von Schoepitrn(UO2)8O2(OH)12(H2O)12. Der erste und zweite Peakzeigte sich im Spektralbereich von 840,3-842,5 cm-1rnbeziehungsweise 853,6-855,8 cm-1. Diese Werte stimmen mit den Literaturwerten für Raman-Peaks für Schoepitrnüberein. Des Weiteren wurde bei dieser Untersuchungsmethode Becquerelite Ca(UO2)6O4(OH)6(H2O)8 mit einemrnPeak im Bereich zwischen 829 to 836 cm-1 gefunden. Aufgrund des Fehlens des Becquerelitespektrums in derrnSpektralbibliothek wurde eine in der Natur vorkommende Variante analysiert und deren Peak bei 829 cm-1 bestimmt,rnwas mit den Ergebnissen in den Proben korrespondiert. Mittels Röntgenbeugung (X-Ray Diffraction, XRD) zeigtenrnsich in allen Proben ähnliche Spektren. Das lässt darauf schließen, dass das pulverisierte Material in allen Probenrndas gleiche ist. Hierbei zeigte sich eine sehr gute Übereinstimmung mit Schoepit und/oder meta-rnSchoepit(UO2)8O2(OH)12(H2O)10, sowie Becquerelite. Weiterhin war weder Autunit, Sabugalit noch Uranylphosphatrnanwesend, was die Ergebnisse einer anderen Studie, durchgeführt an denselben Proben, wiederlegt. DiernAnwesenheit von P, C oder Ca im Probenmaterial konnte ausgeschlossen werden. Im Falle von Calciumkann diesrnmit der Anwesenheit von Uran erklärt werden, welches aufgrund seines Atomradius bevorzugt in Becquerelite (1:6)rneingebaut wird. Die beiden Hauptpeaks für Uran lagen im Falle von U 4f 7/2 bei 382.0 eV und im Falle von U 4f 5/2rnbei 392 eV. Diese Werte mit den Literaturwerten für Schoepit und meta-Schoepitüberein. Die Ergebnissernelektronenmikroskopischen Untersuchung zeigen U, O, Ca, Ti als dominante Komponenten in allen Messungen.rnElemente wie Si, Al, Fe, S, Na, und C wurden ebenfalls detektiert; allerdings kann nicht ausgeschlossen werden,rndass diese Elemente aus dem Boden in der unmittelbaren Umgebung der Munitionsgeschosse stammen. Gold wurdernebenfalls gemessen, was aber auf die Goldarmierung in den Probenaufbereitungsbehältern zurückgeführt werdenrnkann. Die Elektronenmikroskopie zeigte außerdem einige Stellen in denen elementares Uran und Bodenmineralernsowie sekundäre Uranminerale auftraten. Die Elementübersicht zeigt einen direkten Zusammenhang zwischen U andrnCa und gleichzeitig keine Korrelation zwischen U und Si, oder Mg. Auf der anderen Seite zeigte sich aber einrnZusammenhang zwischen Si und Al da beide Konstituenten von Bodenmineralen darstellen. Eine mit Hilfe derrnElektronenstrahlmikroanalyse durchgeführte quantitative Analyse zeigte den Massenanteil von Uran bei ca. 78 - 80%,rnwas mit den 78,2% and 79,47% für Becquerelite beziehungsweise Schoepit aufgrund ihrer Summenformelrnkorrespondiert. Zusätzlich zeigt sich für Calcium ein Massenanteil von 2% was mit dem Wert in Becquerelite (2.19%)rnrecht gut übereinstimmt. Der Massenanteil von Ti lag in einigen Fällen bei 0,77%, was auf eine noch nicht korrodierternDU-Legierung zurückzuführen ist. Ein Lösungsexperiment wurde weiterhin durchgeführt, wobei eine 0,01 M NaClO4-rnLösung zum Einsatz kam in der die verbliebene Probensubstanz der Korrosionsprodukte gelöst wurde;rnNatriumperchlorate wurde hierbei genutzt um die Ionenstärke bei 0,01 zu halten. Um Verunreinigungen durchrnatmosphärisches CO2 zu vermeiden wurden die im Versuch für die drei Hauptproben genutzten 15 Probenbehälterrnmit Stickstoffgas gespült. Eine Modelkalkulation für den beschriebenen Versuchsaufbau wurde mit Visual MINTEQrnv.3.0 für die mittels vorgenannten Analysemethoden beschriebenen Mineralphasen im pH-Bereich von 6 – 10 imrnFalle von Becquerelite, und Schoepit berechnet. Die modellierten Lösungskurven wurden unter An- und Abwesenheitrnvon atmosphärischem CO2 kalkuliert. Nach dem Ende des Lösungsexperiments (Dauer ca. 6 Monate) zeigten diernKonzentrationen des gelösten Urans, gemessen mittels ICP-OES, gute Übereinstimmung mit den modelliertenrnSchoepit und Becquerelite Kurven. Auf Grund des ähnlichen Löslichkeitverhaltens war es nicht möglich zwichen denrnbeiden Mineralen zu unterscheiden. Schoepit kontrolliert im sauren Bereich die Löslichkeit des Urans, währendrnbecquerelit im basichen am wenigsten gelöst wird. Des Weiteren bleibt festzuhalten, dass ein Anteil an CO2 in diernverschlossenen Probenbehälter eingedrungen ist, was sich mit der Vorhersage der Modeldaten deckt. Die Löslichkeitrnvon Uran in der Lösung als Funktion des pH-Wertes zeigte die niedrigsten Konzentrationen im Falle einer Zunahmerndes pH-Wertes von 5 auf 7 (ungefähr 5,1 x 10-6 mol/l) und einer Zunahme des pH-Wertes auf 8 (ungefähr 1,5 x 10-6rnmol/l bei). Oberhalb dieses Bereichs resultiert jeder weitere Anstieg des pH-Wertes in einer Zunahme gelösten Uransrnin der Lösung. Der ph-Wert der Lösung wie auch deren pCO2-Wert kontrollieren hier die Menge des gelösten Urans.rnAuf der anderen Seite zeigten im Falle von Becquerelite die Ca-Konzentrationen höhere Werte als erwartet, wobeirnwahrscheinlich auf eine Vermischung der Proben mit Bodensubstanz zurückgeführt werden kann. Abschließendrnwurde, unter Berücksichtigung der oben genannten Ergebnisse, eine Fallstudie aus Basrah (Irak) diskutiert, wo inrnzwei militärischen Konflikten Uranmunition in zwei Regionen unter verschiedenen Umweltbedingungen eingesetztrnwurden. ; Several techniques were used to analyze 3 samples (4, 7, and 8) which represent the corrosion productsrnof DU ammunition rounds that have been taken originally from the Kosovo war battle fields. At first, thernresults obtained from using the Raman spectroscopy showed that schoepite (UO2)8O2(OH)12(H2O)12 isrnpresent in the samples and it is characterized by its double peak. The first and second peaks were in thernrange of 840.3-842.5 cm-1 and 853.6-855.8 cm-1 respectively. These values agree with the reportedrnRaman peaks for schoepite in the literature. The other mineral that has been identified by Ramanrnspectroscopy is becquerelite Ca(UO2)6O4(OH)6(H2O)8 with a peak ranged between 829 to 836 cm-1. Duernto the lack of becquerelite spectrum in the spectral library, a natural becquerelite specimen was analyzed,rnand yielded a peak at 829 cm-1, which is what to be expected for becquerelite. The powder X-rayrndiffraction analysis gave similar spectrum for each sample, indicating that the powdered material is similarrnin all of the samples. They all showed very good match with schoepite and/or meta-schoepitern(UO2)8O2(OH)12(H2O)10, and also becquerelite. No autunite nor sabugalite nor any uranyl phosphaternphase was detected, which disproves a former study on the same material. Only uranium and oxygenrnwere detected by the X-ray photoelectron spectroscopy. No P, C, nor Ca was detected, although, thernabsence of Ca and presence of U could be due to their atomic ratio in becquerelite (1:6). The two mainrnpeaks for U were U 4f 7/2 at 382.0 eV and U 4f 5/2 at 392 eV. The oxygen peak was O 1s at 531.6 eV.rnThese values agree with measured values for schoepite and meta-schoepite in the literature. The resultsrnobtained from the scanning electron microscope showed that U is dominant in all the measurements, asrnwell as, O, Ca, Ti. Elements like Si, Al, Fe, S, Na, and C were also detected, yet they could be from thernsoil which surrounded the DU rounds. Au was also detected but this was due to the necessary goldrncoating in the sample preparation. According to the electron microprobe analysis, there were spots wherernmetal U and soil minerals were detected as well as the secondary uranium minerals. The elemental mapsrnshowed a direct relation between U and Ca, and at the same time, no relation between U and Si, or Mg.rnOn the other hand, Si was related to Al where both represent the constituents of the soil minerals. Arnquantitative analysis was done by the electron microprobe showed that the majority of U massrnpercentages were around 78-80%, which agrees with 78.2% and 79.47% for becquerelite and schoepiternrespectively according to their chemical formulas. Also the Ca mass percentage was about 2% which isrnexpected to be found in becquerelite (2.19%). Ti mass percentage reached in some occasions 0.77%,rnwhich represent a DU alloy that has not yet been corroded. A dissolution experiment has been performedrnfor the remaining powder amount of the corrosion products with a background 0.01 M NaClO4 solution;rnthe use of sodium perchlorate was to adjust the ionic strength at 0.01. All of the 15 vessels prepared forrnthe 3 main samples were purged with nitrogen gas in order to remove the atmospheric CO2. A model forrnthe same experiment was calculated by Visual MINTEQ v.3.0 for the minerals that have been alreadyrnidentified by the earlier techniques to specify the pH range of interest, which is 6-10 in this case forrnbecquerelite and schoepite and/or meta-schoepite. The modeled dissolution curves were calculated withrnand without the presence of atmospheric CO2. After performing the dissolution experiment for about 6rnmonths, the concentrations of dissolved U measured by ICP-OES showed a good match with bothrnschoepite and becquerelite modeled curves. Nevertheless, it was not possible to distinguish between therntwo minerals due to their similar dissolution behavior. Schoepite was found to be the uranium solubilityrncontrolling phase in the acidic region, while becquerelite was the least soluble U mineral in the basicrnregion. The measured data showed that some amounts of CO2 were able to penetrate the sealed vessels;rnthese amounts could be predicted by comparison with the modeled data. The solubility of U in thernsolutions as a function of pH showed the following pattern: the dissolved U concentrations wererndecreased to their lowest values as pH increased from 5 to 7 (about 5.1 E-6 mole/l); and up to pH of 8rn(about 1.5 E-6 mole/l). After these points any further rise of pH would increase the dissolved U in solution.rnThe solutions pH as well as their pCO2 is controlling the amounts of dissolved U. The Ca concentrationsrnon the other hand showed that they represent values more than that expected for becquerelite, andrnprobably their source is the soils that were mixed with the samples. A case study of Basrah-Iraq wasrndiscussed for undergoing two major conflicts were DU ammunition have been used (1991 & 2003) in twornregions with different environmental characteristics. ; 166 S.
In Deutschland und in fast allen Industrieländern finden sich mittlerweile Medikamentenwirkstoffe in nahezu allen Gewässern und vereinzelt auch im Trinkwasser. Auch wenn die Konzentrationen in der Regel sehr gering sind, lassen sich erste Anzeichen für Auswirkungen auf Wasserlebewesen nachweisen. Akute Folgen für die menschliche Gesundheit sind bisher nicht erwiesen. Es kann allerdings nicht ausgeschlossen werden, dass sich Langzeitfolgen dieser Niedrigstkonzentrationen entwickeln und unerwartete Effekte durch die Wechselwirkung zwischen verschiedenen Wirkstoffen (Cocktaileffekt) entstehen. Besonders gefährdet sind dabei sensible Bevölkerungsgruppen wie Kinder und chronisch Kranke. Es besteht daher nicht zuletzt aus Vorsorgegründen Handlungsbedarf. Das Problem der Medikamentenreste im Wasser ist bei den wichtigsten Akteuren des Gesundheitssystems weitgehend unbekannt. Auch wenn Wissen nicht mit Bewusstsein gleichgesetzt werden kann – denn es gibt auch das Phänomen des Nicht-Wissen-Wollens – geht es in einem ersten Schritt darum, fundiertes Wissen zu erzeugen. Nur auf Basis dieser Sensibilisierung können weitere Strategien umgesetzt und letztendlich Aufklärung und Verhaltensänderungen erreicht werden. Dabei geht es um die gesamte Alltagspraxis im Umgang mit Medikamenten. Diese umfasst Fragen der Verschreibung, der Compliance, der nichtmedikamentösen Krankheitsvorsorge bis hin zum Arzt-Patienten-Verhältnis. Das ist nämlich häufig von Missverständnissen und mangelnder Kommunikation über – vermeintliche – Verschreibungsnotwendigkeiten geprägt. Der erste Teil der Strategie für die Bevölkerung soll über unterschiedliche Kanäle und Medien drei unterschiedliche Zielgruppen ansprechen, die in einer empirischen Untersuchung vom ISOE identifiziert wurden und auf das angesprochene Problem ganz unterschiedlich reagieren: · 'Die Verleugner/Relativierer' · 'Die Aufklärungsinteressierten' · 'Die Hypersensiblen' Jede Zielgruppe soll in der passenden sprachlichen und argumentativen Art und Weise durch spezifische Medien und mit dem richtigen Grad der Differenziertheit angesprochen werden. Dabei spielen "die Aufklärungsinteressierten" eine Opinionleader-Rolle. Sie können über anspruchsvolle Medien mit sehr differenzierten Informationen versorgt werden und geben dieses Wissen dann in angemessener Form an ihre Gesprächspartner weiter. Der zweite Teil der Strategie für die Bevölkerung bezieht sich auf die Kommunikation richtiger Entsorgungswege für Altmedikamente. Ziel ist es, dass Medikamentenreste nur noch in der Apotheke, keinesfalls aber in der Spüle oder in der Toilette entsorgt werden. Auf Grundlage einer Analyse typischer Fehler in bereits bestehenden Kommunikationsmedien zu diesem Thema hat das ISOE Empfehlungen zur richtigen Konzeption von Infomaterialien erarbeitet. Bei der Ansprache der Apotheker geht es in einem ersten Schritt um die Vermittlung von Faktenwissen: Wir schlagen dazu eine PR-Kampagne vor, die Artikel in den wichtigsten Fachmedien platziert. Gleichzeitig soll das Thema auch Teil der Aus- und Fortbildung werden. Zusätzlich soll die Beraterfunktion der Apotheken gestärkt werden. Die spezielle Zielgruppe der umweltsensiblen Kunden würde durchaus positiv darauf reagieren, wenn sie auf die Problematik der Medikamentenreste im Wasser hingewiesen würde. Bei allen anderen Kunden können und sollen die Apotheker ihre Rolle als Berater wahrnehmen: Sie betonen, wie wichtig die korrekte Einnahme (Compliance) und adäquate Packungsgrößen sind und warnen ihre Kunden, insbesondere die älteren, auch vor potenziellen Fehleinnahmen. Bei der Kommunikationsstrategie für Ärzte geht es im ersten Schritt ebenfalls um Wissen. Dabei muss aber deren Selbstverständnis als Wissenschaftler bei gleichzeitig niedrigem Wissensstand in diesem speziellen Feld berücksichtigt werden. Hier muss der Weg einer 'diskursiven Selbstaufklärung' beschritten werden. Das Thema Medikamentenreste im Wasser kann somit nicht von Laien von außen an die Ärzte herangetragen werden, sondern muss in wichtigen Medien der Ärzteschaft und durch Verbandsfunktionäre angenommen und kommuniziert werden (top-down). Wenn es im zweiten Schritt um eine Problemsensibilisierung geht, muss mit starkem Widerstand eines Teils der Ärzteschaft gerechnet werden. Sie könnten fürchten, dass eine Einmischung in Heilungspläne aus Umweltsicht droht und betonen, dass Ärzte nicht für Umweltfragen zuständig seien. Letztlich steht – das haben empirische Untersuchungen des ISOE gezeigt – hinter dieser Problemabwehr ein Tabu: Es soll nicht darüber gesprochen werden, dass in zahlreichen Praxen zu viel verschrieben wird. Diese Problematik kann tatsächlich nicht aus der Umweltperspektive angegangen werden. Doch decken sich hier die Ziele des Gewässerschutzes mit den ökonomischen Zielen eines sparsamen Umgangs mit Arzneimitteln. Bei jeder Kommunikationsmaßnahme für diese Zielgruppe muss berücksichtigt werden, dass sich die Ärzte von dem, was sie als 'Dauergesundheitsreform' aller Regierungen wahrnehmen, gegängelt fühlen. Sie sind keinesfalls bereit, eine neue Form der Regulierung, diesmal aus Umweltgründen, hinzunehmen. Ganz anders wird das Problem von 'kritischen Ärzten' wie Umweltmedizinern und von Ärzten mit Naturheilschwerpunkt gesehen. Sie interessieren sich für die Problematik, weil sie einen Zusammenhang zwischen Umweltqualität und Gesundheit sehen. Außerdem haben sie Patienten, die an möglichst wenig Medikamentenverschreibungen, dafür aber an einer 'sprechenden Medizin' interessiert sind. Wenn eine Kommunikationsstrategie also auch das schwierige Problem der übermäßigen Verschreibungen angehen will, empfiehlt es sich, die Erfahrungen dieser Mediziner einzubeziehen und zusätzlich auf eine 'Bottom-up-Strategie' abzuzielen. Mit der Umsetzung der strategischen Kommunikation sollte eine Agentur beauftragt werden, die Erfahrungen im 'Issue Management' vorweisen kann. Weiterhin sollte die Agentur Kenntnisse im Social Marketing und der Beeinflussung von Verhalten haben. Alle wichtigen Entscheidungen sollten von einem Konsens-Gremium (Runder Tisch 'MeriWa'1) verabschiedet werden, in dem die Ärzteschaft, die Apotheker sowie die Verbraucherinnen und Verbraucher angemessen repräsentiert sind. ; n Germany, as in almost all industrial countries, active pharmaceutical substances can now be found in virtually all water bodies and occasionally also in drinking water. Even though the concentrations in question tend to be very low, there are initial signs of their impact on aquatic life. There is no evidence as yet of any acute consequences for human health. It is, however, impossible to rule out long-term consequences from these minimal concentrations or unexpected effects from the interaction between various active ingredients (cocktail effect). At special risk here are sensitive segments of the population such as children and the chronically ill. There is thus a need for action on precautionary grounds. The main actors in the health system are largely unaware of the problem posed by drug residues in water. Although knowledge cannot be equated with awareness – given the existence of the 'not wanting to know' phenomenon – the first step is to generate a consolidated knowledge base. Only by creating awareness of the problem can further strategies be implemented to ultimately enlighten and bring about behavioural change. At stake here is the overall everyday handling of medications, including prescription, compliance, and drug-free disease prevention down to the doctor-patient relationship. The latter, namely, is often characterised by misunderstandings and a lack of communication about the – supposed – need to prescribe drugs. The first part of the strategy for the general public involves using various channels and media to address three different target groups. These were identified by ISOE in an empirical survey as reacting differently to the problem under review: · 'The Deniers/Relativists' · 'The Truth-Seekers' · 'The Hypersensitives' The intention is to address each target group in the right tone and using the most suitable line of reasoning via specific media and with the proper degree of differentiation. The 'Truth-Seekers' play an opinion-leading role here. They can be provided with highly differentiated information through sophisticated media which they then pass on to their dialogue partners in an appropriate form. The second part of the strategy for the general public relates to the communication of proper disposal routes for expired drugs. The goal is to confine disposal to pharmacies so that on no account are they flushed down the sink or toilet. Based on an analysis of typical errors in existing communications media on this topic, ISOE prepared recommendations for drafting proper information materials. In addressing pharmacists, the first priority is to convey hard facts: to this end we propose a PR campaign to place articles in the main specialist media. At the same time, the subject should feature in training and continuing education programmes. Another aim is to strengthen the advisory function of the pharmacies. The environmentally sensitive target group would indeed react positively to having their attention drawn to the issue of drug residues in water. For all other customers, the pharmacists can and should act as consultants: they emphasise how important it is to take medication as instructed (compliance) and use suitable pack sizes, and warn older customers in particular about the potential hazardsof improper drug intake. The first stage of the communications strategy for doctors likewise revolves around knowledge. Here, however, it is important to take into account their self-image as scientists while in fact having little grasp of this specific area. The line to take is that of 'discursive selfenlightenment'. This means that the issue of drug residues in water cannot be conveyed to doctors by laymen but must be taken up and imparted via the major media of the medical profession and by medical association officials (top-down). The second stage, namely that of raising doctors' awareness of the problem, is likely to encounter strong resistance from some of the medical profession. They may fear a threat of interference in treatment plans from an environmental perspective and feel the need to emphasise that doctors are not responsible for environmental issues. As shown in empirical surveys by ISOE, such a defensive reaction is ultimately down to an underlying taboo: people are loath to discuss the over-prescription taking place in countless doctors' surgeries. And it is a fact that this problem cannot be tackled from the environmental perspective, although the goals of water protection are indeed consistent with the economic objectives of restraint in the deployment of drugs. Any communications measure for this target group has to bear in mind that doctors feel restricted by what they see as a 'perpetual health reform' no matter which government is in power. On no account are they prepared to tolerate any new form of regulation, in this case for environmental reasons. An entirely different view of the problem is taken by 'critical doctors' such as specialists in environmental health and those with a naturopathic focus. They are interested in the problem because they see a connection between the quality of our environment and our health. What is more, they have patients keen to be prescribed as few drugs as possible and who are instead interested in 'talking medicine'. So, any communication strategy intent on tackling the difficult problem of oversubscribing drugs needs to look carefully at the experiences of these medical professionals and also at a 'bottom-up strategy'. Implementation of strategic communications should be entrusted to an agency with experience in 'issue management'. Knowledge of social marketing and the influencing of behaviour are further prerequisites. All important decisions should be taken by a consensus committee ('MeriWa'1 round table), in which the medical profession, pharmacists and consumers are represented.
Seit Beginn der 1990er Jahre werden in vielen europäischen Städten integrierte Entwick-lungsprogramme umgesetzt. Als politisches Instrument verfolgen sie das Ziel, neue Stadtpolitiken im Mehrebenensystem zu platzieren, die zur Lösung lokaler Probleme – wie sozialer Exklusion in benachteiligten Nachbarschaften – beitragen sollen. Heute stellen integrierte Entwicklungsprogramme eine der vielversprechenden politischen Antworten dar, um multi-dimensionale Problemlagen und "negative Diskriminierungen" der "wahrhaft Benachteiligten" zu bewältigen, die sich zunehmend in den Peripherien der Städte abspielen. Um ein solch hohes Ziel realisieren zu können, greifen integrierte Entwicklungsprogramme auf "weiche" und "kommunikative" Planungsinstrumente zurück, durch die unterschiedliche Akteure befähigt werden, in formellen Planungsprozessen zu kooperieren. Ausgehend von den eigenen empirischen Untersuchungen zwischen den Jahren 2005 und 2007, wurden in der vorliegenden Studie mittels qualitativer Forschungsmethoden die Koordinationsprozesse in zwei unterschiedlichen integrierten Entwicklungsprogrammen in Mailand und Frankfurt untersucht. An zentraler Stelle stand die Frage nach den Vertrauensbeziehungen der Akteure und deren Wirken auf das jeweilige Programm. Dabei wurde konzeptionell und empirisch zwischen personenbasiertem und institutionellem Vertrauen unterschieden. Während der täglichen Umsetzung von Governance auf der Quartiersebene konnte festgestellt werden, dass die theoretisch noch zu ziehende Trennung zwischen Formalität und Informalität in der Praxis von den Akteuren umgangen und zusehends verzerrt wurde. Auch die Zuordnung von Kompetenzen der einzelnen vertikalen Verwaltungsebenen konnte stellenweise nicht mehr eindeutig nachvollzogen werden, da durch die Kooperation unterschiedlicher Akteure auch unterschiedliche Interessen, unterschiedliche Kompetenzen und verschiedene Handlungsroutinen Einzug in das Programm gehalten hatten. Regionale und städtische Vertreter, private und öffentliche Akteure, Zivilgesellschaft und Markt stellten zusammen ein Kaleidoskop von Visionen und Interessen auf, in dem das Komplexitätsniveau derart anstieg, dass die erfolgreiche Umsetzung des Programms wiederholt gefährdet wurde. Durch das Fehlen starker, formeller Mechanismen und regelnder Strukturen fiel personenbasiertem und institutionellem Vertrauen, als informellen Mechanismen, die Bedeutung zu, die hohe Komplexität zu reduzieren. In beiden Programmen reagierten die Akteure auf die Komplexität des Programms erwar-tungsgemäß mit einem relativ hohen Niveau an personenbasiertem Vertrauen. Während aber in Frankfurt dieses personenbasierte Vertrauen durch institutionelles Vertrauen ergänzt wurde, stellte sich der Aufbau institutioneller Strukturen im Mailänder Kontext als schwierig dar. Infolge dessen war das Mailänder Programm wiederholt von schweren Problemen innerhalb des Koordinationsprozesses betroffen. Als Ergebnis kann festgehalten werden, dass institutionellem Vertrauen eine sehr viel stärkere Bedeutung innerhalb integrierter Entwicklungsprogramme zufällt, da dadurch innerhalb der Programme neue Regelungsstrukturen geschaffen werden, die dazu führen, eine neue politische Kultur zu etablieren. Integrierte Entwicklungsprogramme erscheinen damit nicht nur als lokal begrenzte politische Intervention, ihnen liegt vielmehr eine übergeordnete Bedeutung inne. Das vorliegende Werk wirft einen kritischen Blick auf integrierte Entwicklungsprogramme, indem es das hohe Komplexitätsniveau der Koordinationsprozesse betrachtet und hinterfragt. Nach mehr als zwei Dekaden der Durchführung integrierter Entwicklungsprogramme in europäischen Städten und nachdem die Europäische Kommission in der Leipzig-Charta erneut auf die Wichtigkeit von Governance in diesem Zusammenhang verwiesen hat, möchte diese Analyse dazu beitragen, mithilfe eines neo-institutionellen Ansatzes in der wissenschaftlichen Diskussion vor allem das hohe planerische Risiko eines auf Governance aufbauenden Planungswegs zu thematisieren. ; Since the 1990s integrated urban development programmes have been established in almost all European cities. They are a political instrument for implementing new urban policies in the multilevel system of urban policies and are aimed at tackling local problems such as social exclusion and urban deprivation in "deprived" neighbourhoods. Today, integrated development programmes are considered to be the most promising political answer to overcome multifaceted "negative discriminations" and to prevent further deterioration of the conditions of the "truly disadvantaged" in the urban peripheries of European cities. In order to realize this ambitious objective integrated development programmes place emphasis on "weak" and "communicative" planning tools that enable various actors to cooperate in formal planning processes. Based on empirical findings gathered between 2005 and 2007, I have analyzed coordination processes in two different integrated development programmes in the periphery of Milan (Italy) and Frankfurt (Germany). In my empirical research, I approached co-ordination processes in both case studies by interpersonal and institutional trust. Unlike traditional modes of urban planning, in both case studies coordination and cooperation included formal as well as informal mechanisms. During the daily implementation of Governance on the local level, in both case studies existing boundaries between formality and informality became blurred and even the contour of the levels of vertical political-administrational structures got increasingly fuzzy and barely traceable due to different levels of interests, different levels of authority and different routines of all actors involved. Regional and urban as well as local representatives, private and public actors, civil society and the market have built together a kaleidoscope of visions and interests, where the level of complexity repeatedly challenged the success of both programmes. Within this environment the level of trust appears as crucial. As expected, actors in both programmes have shown a relatively high degree of interpersonal trust relations. But, while in Frankfurt these relations have been supplemented by institutional trust, the Milanese programme failed in developing a stable institutional arrangement. As a result, the Milanese programme has been faced with serious problems regarding the process of coordination. Accordingly, institutional trust seems to be more important for bridging the gap caused by the absence of traditional planning processes and their structuring order. Institutional trust relates to new roles, routines and norms that are expected to establish a new political culture. As thus, local governance programmes should no longer be understood as only a territorial intervention in the neighborhood, but have a more important meaning to urban politics. This book offers a rather critical perspective of integrated development programmes by questioning the high level of complexity of coordination processes. After more than two decades of integrated planning in Europe and the European Commission's recent appeal to strengthen the governance tools for integrated programmes, the author tries to propose an alternative perspective on integrated development programmes now taking into account also the difficulties and the high level of risk within this planning process. ; Dall'inizio degli anni '90 in molte città europee sono stati messi in atto i Programmi di Sviluppo Integrato. Essi rappresentano lo strumento per l'implementazione di nuove politiche locali nel sistema multilivello delle policies urbane, e sono rivolti alla soluzione di problemi quali l'esclusione sociale e la deprivazione urbana nei quartieri svantaggiati. Oggi, i Programmi di Sviluppo Integrato sono considerati la risposta più promettente sia per la soluzione delle situazioni problematiche multidimensionali sia per la prevenzione dell'ulteriore deterioramento di quelle condizioni di reale svantaggio presenti nelle periferie urbane delle città europee. Al fine di realizzare un obiettivo così ambizioso, tali Programmi si affidano a strumenti di pianificazione "morbidi" e "comunicativi", che mettono in grado i diversi attori di cooperare nei processi formali di pianificazione. A partire dai risultati di precedenti ricerche, svolte tra il 2005 ed il 2007, nel presente studio vengono analizzati i processi di coordinamento di due diversi Programmi di Sviluppo Integrato, quello di Milano e quello di Francoforte attraverso la questione della fiducia interpersonale e istituzionale. Diversamente dalle modalità tradizionali della pianificazione urbana, nei due casi esaminati, la cooperazione e il coordinamento implicavano sia meccanismi formali che informali. Nella pratica quotidiana del doing Governance a livello locale, i confini esistenti tra informalità e formalità divengono sfumati, spesso oltrepassati o vistosamente distorti dagli attori coinvolti. Tale sovrapposizione rende persino complesso individuare in modo chiaro la suddivisione delle competenze dei singoli livelli politico-amministrativi, poiché, assieme ai diversi attori, nel programma sono coinvolti interessi, livelli di autorità e prassi differenti. I rappresentanti della politicà regionale che locale, la società civile e il mercato hanno costruito un caleidoscopio di interessi e punti di vista in cui il livello di complessità aumenta tanto da mettere a rischio l'attuazione degli stessi programmi. Il grado di fiducia è dunque cruciale. In entrambi i programmi, come prevedibile, gli attori hanno mostrato un grado relativamente alto di fiducia nelle relazioni interpersonali, ma, mentre a Francoforte queste relazioni si sono integrate con la fiducia istituzionale, nel contesto milanese la costituzione di strutture istituzionali stabili è risultata problematica. Il risultato è stato che il programma di Milano e il processo di coordinamento in particolare, hanno dovuto affrontare seri problemi. All'interno dei Programmi di Sviluppo Integrato la fiducia istituzionale ricopre un'importanza ulteriore, poiché, proprio grazie a questa, vengono create nuove strutture regolatrici, all'interno dello programma stesso, che contribuiscono a stabilire una nuova politica culturale, colmando quel gap causato dall'assenza dei processi di pianificazione tradizionali. Allo stesso modo, i Programmi di Governance locale non possono considerarsi semplicemente meri interventi politici su di un quartiere ma assumono maggiore importanza per le politiche urbane. Il filo conduttore alla base di questo testo è una prospettiva critica dei Programmi di Sviluppo Integrato che osserva e mette in discussione l'elevata complessità dei processi di coordinamento. Dopo più di due decenni di attuazione di questi Programmi nelle città europee e dopo che la commissione europea, con la Carta di Lispia, ha rafforzato l'importanza della Governance in questo ambito, questo libro fornisce, attraverso un approccio neo-istituzionale, un contributo alla discussione e alla tematizzazione dei rischi che i processi di pianificazione comportano.
Dottorato di ricerca in Società, istituzioni e sistemi politici europei (XIX-XX secolo) ; Il soggetto di questa tesi, che riguarda la storia tedesca contemporanea, è il dibattito sul rapporto tra coscienza nazionale e identità europea, che si sviluppa nella Repubblica federale tedesca tra l'estate e l'autunno 1989 e la primavera 1990. In particolare, il tema è la percezione che l'opinione pubblica tedesca ebbe dell'istituzione e dei partner comunitari nel periodo compreso tra la caduta del Muro e l'adesione della Germania, ormai sulla strada della riunificazione, al progetto di rafforzamento dell'integrazione europea che condurrà al Trattato di Maastricht. Più nel dettaglio, leitmotiv della ricerca è il modo nel quale si esprimono nella dialettica 'domestica' il dualismo tra coscienza nazionale e identità europea e quello tra unificazione nazionale e integrazione europea, quando si fa più vivo il dibattito sulla ricostituzione dello stato unitario e sulla futura collocazione internazionale del paese. Il tema scelto non è certo nuovo, ma l'intento è di proporne l'analisi dal punto di vista dell'opinione pubblica tedesca, analizzando i pareri e le reazioni domestiche alle obiezioni provenienti dallo spazio europeo e in particolare da quello comunitario. Per raggiungere questo scopo, e dovendo necessariamente restringere il campo dell'indagine, si è deciso di ricorrere, come fonte principale primaria di riferimento, agli articoli dei due più importanti settimanali politici della Repubblica federale, «Der Spiegel» e «Die Zeit», anche se, per ampliare l'orizzonte di questa ricerca, l'analisi dei circa 100 articoli dei due periodici è supportata e integrata da quella dei commenti del più autorevole quotidiano tedesco la «Frankfurter Allgemeine Zeitung». Per quel che riguarda invece la letteratura secondaria, essa è utilizzata sia per inquadrare preventivamente l'evoluzione dei concetti di nazione e di Europa fino al 1989, sia per approfondire i temi principali del dibattito pubblico. Infatti, il primo capitolo individua i termini del problema, si propone cioè l'analisi dello sviluppo dei concetti di nazione e di Europa e il ruolo della Germania nella loro contrapposizione. Si illustrano, quindi le difficoltà di coesistenza dei due concetti e delle realtà alle quali si riferiscono e quelle di affermazione del concetto e dei progetti di Europa, anche per la presenza della apparentemente irrisolvibile ostilità franco-tedesca. Si sintetizzano quindi le condizioni, che permettono il superamento di questa ostilità tramite il primo progetto comunitario e il ruolo della collaborazione franco-tedesca nel favorirne l'affermazione e l'approfondimento fino ai grandi mutamenti dell'estate e dell'autunno 1989, che sembrano mettere in dubbio i risultati fino ad allora raggiunti. Il secondo capitolo si occupa, invece, dopo una breve presentazione delle caratteristiche principali dei due settimanali politici, di come, i tedeschi nel corso del tempo si erano abituati alla divisione, e di come la riunificazione tedesca torna a essere argomento di confronto pubblico, prima ancora che il Muro cada, suscitando un grande dibattito sul passato e sul futuro della Germania. Il terzo capitolo propone, invece, una breve analisi storica delle diverse forme lessicali usate nello spazio pubblico per definire la riconquista dell'unità da parte della Germania, una sintesi ragionata dell'eco che sui due settimanali hanno le reazioni esterne alla possibilità della riunificazione tedesca e un esame delle argomentazioni con le quali tedeschi rispondono alle obiezioni dei partner europei, con particolare attenzione a quelle dei vicini francesi. Il quarto capitolo si occupa, infine, di analizzare i più importanti interventi, sia tedeschi sia stranieri, sulle pagine sulle di «Die Zeit» e «Der Spiegel» riguardo la riunificazione, con la presentazione di quelli favorevoli e di quelle contrarie e si conclude con l'analisi delle motivazioni che inducono la Germania ad appoggiare l'approfondimento dell'integrazione economica e monetaria europea in cambio del sostegno dei partner comunitari alla riunificazione. Lo scopo di questa ricerca è dunque, nel suo complesso, di indagare le reazioni dell'opinione pubblica tedesca ai timori espressi dai partner comunitari di fronte alla riunificazione tedesca e di analizzare come i tedeschi si propongono di evitare il ritorno al passato, cogliendo la possibilità di coniugare pacificamente la nazione e l'Europa, permettendo all'identità nazionale e alla coscienza europea di integrarsi, e arricchirsi reciprocamente, aiutando a esorcizzare una volta per tutte dai pericoli del passato. ; The subject of this research on German contemporary history is the analysis of the debate about the relations between national consciousness and European perspective, which develops in West Germany between summer-autumn 1989 and spring 1990, based on articles from «Die Zeit» and «Der Spiegel». In particular, this work is focused on the perception the German public opinion had of the institution and of the EC partners from the fall of the Berlin wall to the Germany's commitment to increase the European integration, opening the way to the Maastricht Treaty. Strictly speaking, leitmotif of this research is how the dualism between national consciousness and European identity and between national reunification and European integration comes out in the 'domestic' dialectic, when the debate on the reconstitution and the future international position of a German unified state becomes livelier. The subject is not new, but new is the point of view from which it is analysed: the German public opinion, its remarks and reactions to the objections coming from Europe and particularly from the EC partners. To achieve this aim it has been decided to refer, as primary sources, to several articles on this subject from the most important German political magazines, «Die Zeit» and «Der Spiegel». However, in order to broaden out the horizont of this work, the analysis of the articles from the magazines is supported and integrated with some references to one of the most influential German newspaper, the «Frankfurter Allgemeine Zeitung». As for the secondary literature, it has been used both to outline the evolution of the idea of nation and Europe from the Illuminism to 1989 and to investigate the main subjects in public debate. Indeed, Chapter one is dedicated to a short analysis of the main points of this question: nation, Europe, and European integration. The chapter illustrates both the difficult coexistence of these ideas and of the realities they refer to and the difficult success of the European projects partly because of the seemingly insurmountable Franco-German hostility. Therefore, it is presented a synthesis of the conditions, which help to overcome this historical hostility trough the European Community, and the role played from the Franco-German collaboration in order to support and to strengthen it, at least until the great changes of 1989 which seems to question the obtained achievements. After a short presentation of the main features of both political magazines, chapter two is dedicated to investigate how, over the years, West Germans became inured to the division and how, still before the Berlin Wall falls, German reunification comes back as subject of a public debate, kindling a wide discussion about Germany's past and future. Chapter three proposes, instead, a short historical analysis of the terms used in the public space to define the regaining of the German national unity, a critical summary of the comments in «Die Zeit» and «Der Spiegel» to the foreign articles containing foreign reactions to a possible German reunification and an analysis of the German replies to the objections of the EC partners, with a particular attention for the French neighbour. Finally chapter four of this research deals with the most important foreign and German comments against and for the reunification, published in both magazines and ends with an analysis of the reasons leading Germany to a stronger engagement in favour of an increasing European economic integration and of a single European currency in order to get the support of the EC partner for the reunification. In broader terms, the aim of this research is to investigate the reactions of the German public opinion to the fears of the EC partners when they confronted with a possible German reunification and to analyse how Germans decide to avoid a dangerous return to past national experiences, taking instead the opportunity to join friendly nation and Europe, national consciousness and European identity.
[spa] La presente tesis doctoral se inscribe en la valoración del pensamiento de Otloh de San Emeramo, siglo XI. Un autor poco estudiado en el entorno de la Filosofía del Medioevo. A nuestro estudio lo hemos dividido en cuatro partes. En la primera desarrollamos el entorno histórico señalando las características políticas, monacales, clericales, con las que Otloh convivió en un conflictivo Año Mil y que posibilitaron el surgimiento de una teología y de una cultura monástica afincada en la reforma benedictina. El estudio de este contexto nos proporcionó los elementos simbólicos que habrían regido las prácticas sociales. Unas prácticas que no se agotaron en su realización material sino que produjeron otredades tanto beneficiosas como negativas para el espíritu inquieto del monje. Otloh refiere la vida monacal y marginal en sus narraciones, aportando con su escritura hagiográfica, que enlaza con su función de historiador, un relato pormenorizado de la vida en el claustro y en el siglo que enriquece su dote filosófica. Una segunda parte en la que tratamos específicamente de Otloh: su vida, su obra y las características particulares que supo darles. De esta aproximación a su persona surge nuestra interpretación de los supuestos intelectuales en los que se basa, haciendo hincapié, entre otros autores, en Lucano, el poeta que tanto le perturbó. Para ello intentamos instalarnos en su posible clave de lector. A partir de aquí desarrollamos el parágrafo que titulamos «Derrotero de su conversión», un espacio laberíntico en conflictos e indecisiones determinado por las visiones, las lecturas y las mudas imposiciones y el «temor de Dios», cerrando esta segunda parte con sus antecedentes filosóficos. En la tercera parte, expusimos el tema que da título a la presente tesis: «Duda y dialéctica». Para ello, comenzamos analizando el aspecto ético derivado de la conversión y de sus temores, para pasar a considerar la simonía como una acción que condujo a Otloh a la negación de la utilización de la dialéctica en casos bien explícitos. Además señalamos cómo esa situación provocó una querella entre dialécticos y antidialécticos; en ella la posición de nuestro monje benedictino es ambigua a simple vista pero bien definida en sus detalles. Concluimos con una visión semántica y semiótica acerca de lo que Otloh entendía por Artes Liberales, Filosofía y Teología en sus interrelaciones. La cuarta parte la dedicamos por entero a la duda, en todos los aspectos que hemos podido considerar que ella se presenta en la obra y en el espíritu de Otloh, la epistemología que de ella surge. La imposibilidad de dejar de dudar aparece como fuente epistémico-gnoseológica, de esta manera, el mundo es visto por los hombres y en especial por los monjes como un universo de «lenguaje» en su tarea de acceder al desciframiento de lo «simbólico». La imagen aparece como reflejo de la realidad, mediatizada por la regla religiosa que le provoca, al monje, una particular visión de sí mismo en relación con los diferentes mundos. Concluimos esta cuarta y última parte exponiendo la propuesta de solución que Otloh encuentra al problema fe-razón. Finalizamos la tesis mencionando en qué basamos la originalidad de su pensamiento y las futuras líneas investigativas que de este estudio se derivan. La conclusión ha querido señalar la contribución del monje al desarrollo de la cultura occidental a través de su esfuerzo en recuperar la fortaleza y responsabilidad individual para la toma de decisiones y el doble «uso» que hace Otloh de los poetas y filósofos. Ellos le permiten ver la heteronomía, los convencionalismos, la contingencia; en definitiva, la desigualdad. De esta manera nuestro estudio rescata a un pensador que en medio de contradicciones considera a la dialéctica como la ciencia más importante del trivium. ; [eng] This doctoral thesis is an evaluation of the thought of Otloh of Saint Emeram (XIth century) an author little studied in the context of Medieval Philosophy. The presentation is divided in four parts. (1) In the first part we present the historic background, underlining the various contexts political, monastic, clerical in which Otloh moved in a somewhat conflict-ridden year 1,000 and which made possible the growth of a theology and a monastic culture based on the Benedictine reform. The study of this context gives us the symbolic elements which will have guided the social practices which were not restricted to their physical expression, but which generated other takes on reality both beneficial and negative on the restless spirit of this monk. Otloh refers to monastic life in his hagiographic writings in his role as a historian, giving us a detailed vision of life in the cloister and in the century which feed his philosophical outlook. (2) The second part deals specifically with Otloh: his life, his work and the particular characteristics he gave to them. This understanding of his personality is the basis of our interpretation of his intellectual background, especially re his use, among other authors, of the poet Lucan, the use of whose work seriously perturbed him. For that reason we try to put ourselves in his possible frame of mind as he read him. From there we develop the section we have called "The Way of Conversion" a labyrinth of conflicts and indecisions marked by visions, readings, mental restrictions and the "fear of God" as laid down in the Rule of St. Benedict. This we reconstruct from what he tells us in his writings, using as a guideline his work "De suis tentationibus". We close this second part considering his philosophical background. (3) In the third part we present the theme which gives title to this thesis "Doubt and Dialectic". For that, we begin by analysing the ethical aspect arising from his conversion and fears, to pass then to consider simony as an activity which leads Otloh to deny dialectics in quite specific circumstances. In addition we show how this situation provoked a struggle between "dialectics" & "antidialectics". In this, the position of our Benedictine monk is at first sight ambiguous, but actually quite clear in its details. We conclude with a presentation both semantic and semiotic of what Otloh understood as Liberal Arts, Philosophy and Theology. (4) This fourth part concentrates entirely on "Doubt" in all the aspects which we have been able to consider as presented in the works of Otloh. That includes the interaction with his illness, the epistemology that arises therefrom. The impossibility to stop doubting functions as an epistemo-gnoseologic mechanism. In this way, the world is seen by men and especially by the monks as a universe of "languages" and we use the plural because many come to the surface in the attempt to decipher the "symbolic". The image appears as a reflection of reality, mediated by the religious Rule which gives the monk a specific view of himself in relation to the different worlds. We conclude this fourth and final section outlining the solution Otloh proposes for the faith-reason problem. Conclusion: We finish this thesis by noting the originality of his thought and the lines of future investigation sparked off by this study. Our conclusion has tried to point out the contribution of Otloh to the development of Western culture via his efforts to recover individual strength and responsability in decision-making, and the double "use" which Otloh makes of poets and philosophers. These allow him to see the heteronomy, the cliché, the contingency: in other words the inequality. In this way, our study brings to light a thinker who, in the midst of contradictions, judges dialectic as the most important science of the trivium.
EXECUTIVE SUMMARY - Iowa was a tobacco control leader in the 19th Century. In 1897 the General Assembly completely prohibited the use, sale, and possession of tobacco products in the state. When the law was repealed in 1921, the General Assembly enacted strong measures to prevent tobacco use by minors. In 1921 Iowa passed the first state cigarette excise tax (2 cents). - Tobacco control reemerged in the 1970s, however a coalition of health groups were consistently outmaneuvered by tobacco industry lobbyists. - In 1990 health groups attempted to strengthen Iowa's Clean Indoor Air Act (passed in 1987), however the tobacco industry, represented primarily by Charles Wasker, co-opted the bill, stripping meaningful tobacco control provisions and using it to include ambiguous language to preempt localities from passing clean indoor air laws, which chilled local clean indoor air action for a decade. - In 1993 the voluntary health organizations founded Tobacco Free Iowa (TFI), a dedicated statewide tobacco control coalition to advocate for tobacco control policy change. In 1995 TFI hired Serge Garrison, a former R.J. Reynolds (RJR) lobbyist, to lobby to repeal clean indoor air preemption. Garrison, who helped draft the preemption clause when working for RJR, questioned whether Iowa's ambiguously worded clause actually preempted local clean indoor air action. - Iowa, represented by Attorney General Tom Miller (D), was a party in the 1998 Master Settlement Agreement. Miller and the Iowa Attorney General's Office, have been strong allies to tobacco control in Iowa. - After the MSA, in 2000, Iowa created the Division of Tobacco Use Prevention and Control within the Iowa Department of Public Health to implement a state tobacco control program funded with MSA revenue. - In 2001 the General Assembly passed legislation to securitize the MSA revenue stream to receive an upfront lump sum in lieu of most future MSA payments. Politicians framed MSA securitization as a way to create stable funding for health programs, including tobacco, but the vast majority of the money went to infrastructure projects. - The Health Iowans Tobacco Trust created through securitization to fund tobacco and other health programs was continually raided by the General Assembly from 2001 to 2008, and zeroed out in 2009. - The Iowa Tobacco Division has never been funded at or near the CDC recommended best practices for tobacco control and tobacco control advocates have not mobilized enough political pressure to demand and protect funding for the Tobacco Division. - From 1998 to 2008, $44,577 in campaign contributions were given to Iowa legislative candidates and party committees by five tobacco companies: Altria/Philip Morris, Farner-Bocken (an Iowa-based distributor), Myers-Cox Company (an Iowa-based distributor),R.J. Reynolds, and US Smokeless Tobacco. - Tobacco industry contributions spiked in 2000 when the Iowa General Assembly was considering legislation to create the Iowa Tobacco Division and deciding the use of their MSA payments. Contributions dropped in 2004 after the General Assembly mandated that the Tobacco Division have a youth focus (a pro-industry position) and securitized most of their MSA revenue. In 2004, industry contributions jumped back up (and steadily increased though 2008) concurrent with an increase in the introduction of tobacco control initiatives (which were repeatedly killed until 2007). - The tobacco industry focused contributions on legislative leaders. Rep. Christopher Rants(R-Woodbury) former Iowa House Majority Leader (1999-2003) and Speaker of the House (2003-2006) received the most industry money from 1998-2008 ($7,397). Rants was a key player in killing tobacco tax and local control bills throughout the 2000s. Representative Jamie Van Fossen (R- Scott) who served as the Chair of the House Ways and Means Committee received the second greatest amount ($6,050), followed by Sen. Stewart Iverson, Jr. (R-Wright), Senate Majority Leader from 1997-2006 ($2,220). - From 1998 to 2008, tobacco industry contributions to Republican candidates and the Republican party ($27,947) far outweighed contributions to their Democratic counterparts($15,130). From 1998 to 2007, Republicans controlled both houses (except in 2006 when the Senate was tied). - Republican legislators were significantly more pro-tobacco than Democrats. - Legislators who accepted campaign contributions from the tobacco industry were significantly more pro-tobacco than those who did not, controlling for party. - The tobacco industry maintains a significant lobbying presence, between 2003 and 2008 the tobacco industry reported $667,875 in lobbying expenditures in Iowa. - After an inquiry prompted by Serge Garrison in the late 1990s, Attorney General Tom Miller (D) issued an opinion in November 2000 stating that state law did not preempt local clean indoor air ordinances. - From 1999 to 2003 there was a tide of local clean indoor air action. In March 2002, Ames passed Iowa's first clean indoor air ordinance. Ames' ordinance included a tobacco industry inspired "hours" provision that allowed smoking after 8:30pm, advocated for by hospitality interests, making the ordinance weak. Its passage created momentum for other localities to pass clean indoor air measures. - In January 2002, Iowa City passed Iowa's first 100% smokefree restaurant ordinance. Other localities, aided by the Iowa Attorney General's Office and TFI, began considering ordinances and enactment of voluntary clean indoor air policies. - Local clean indoor air progress was blocked in 2003, after a group of Ames business owners, funded by Philip Morris, challenged the Ames ordinance in court. In May 2003, the Iowa Supreme Court ruled that the 1990 Clean Indoor Air Act was preemptive. - In 2003, TFI collapsed, leaving Iowa without a functioning tobacco control coalition until 2006. In 2003 some advocates reorganized to create CAFE Iowa and CAFE Iowa CAN, primarily to repeal preemption. - Beginning in 2005, under the direction of Iowa Tobacco Division Director Bonnie Mapes, Iowa advocates reorganized and created a strategic plan. In 2006 the Iowa Tobacco Prevention Alliance was created to assume the role of Iowa's statewide tobacco control coalition. - The combination Democrats taking control of the legislature in 2007 and the reorganization of tobacco control advocates in 2006 led to substantial tobacco control policy changes. - In 2007 the Iowa General Assembly passed a $1 increase in the cigarette tax, the first increase in 16 years. - In 2008 the General Assembly passed the strong Iowa Smokefree Air Act that extended smokefree environments to 99 percent of Iowa employees and repealed preemption. - Following the 2007 tax increase, adult smoking rates in Iowa fell from 18 to 14% in two years (2006 to 2008). - Youth smoking rates increased from 2004 to 2006 following a substantial cut in allocations to the Tobacco Division in 2002, leading to a substantial decrease in expenditures for Just Eliminate Lies, Iowa's youth counter-marketing campaign. - Tobacco control advocates must make securing and maintain adequate funding for Iowa's Tobacco Division a top priority. The CDC recommends that tobacco control programs in Iowa be funded at $36.7 million per year. In FY 2009, the Tobacco Division received only $11.0 million, less than a third of the CDC recommended level. An increase in funding is particularly important because of the increase in youth smoking rates since JEL's 2002 funding cut. - Given the Tobacco Division's limited budget and the increasing levels of youth and young adult smoking, the Tobacco Division should focus less on funding individual level cessation services (other than the Quitline, which is a public health intervention) and instead increase its emphasis on media and community-based programs that are more cost effective public health interventions to reduce tobacco use. - Advocates should work to require health insurance to provide cessation services through the medical services budget, not public health. - Advocates need to expand their base beyond major cities to rural areas of Iowa to broaden the base of support for smokefree environments and expand the political base to maintain and expand funding for tobacco control efforts.
This thesis delves into the principles of ownership and conditionality in development cooperation. Since the 1990s, ownership has become a central tenet in aid. The idea is that in order to avoid the mistakes of the past decades of failed development interventions, recipients must be empowered to take the lead in development planning and implementation. At the same time, though, the number of aid conditionalities that donors adhere to keeps rising. Also Finnish aid interventions must support not only ownership but also e.g. poverty reduction, democratisation, decentralisation, gender equality, environmental protection and good governance, values that do not always sit together easily with strong recipient ownership. The donor is faced with contradictory incentives, on the one hand to let go and on the other to keep control. The empirical focus is on Quang Tri Rural Development Programme (QTRDP), a bilateral development cooperation project in Central Vietnam funded by Finland. The research task is to assess the success of donor policies in the project as understood by donor side actors: how were donor policies, both ownership and conditionality, reflected in project practice, and conversely, how was project practice interpreted in the light of donor policies? The primary research material consists of interviews with fifteen people involved in QTRDP either through the Ministry for Foreign Affairs of Finland (MFA, the donor agency) or the consultancy company contracted to support programme implementation. The research method was empirical and quite simple: interview texts, thematised and coded, formed the basis for analysis. My methodological approach was loosely based on Olivier de Sardan's entangled social logic approach, combining both realist/factual and constructionist perspectives to analysis. The research is set in the framework of 'inside' and 'outside' perspectives to the aid relationship. The former sees aid as a rationalist activity based on planning and shared goals, the problems of which have been a consequence on ill-conceived donor policies. In this view, the ownership agenda is a much needed initiative to transfer power to the recipient. In the latter view, aid inevitably leads to donor domination, and any new policy rhetoric will not make a difference. In aid literature ownership is primarily understood as power and control over aid processes. Seen in this light, it is obvious that in QTRDP the recipient (primarily the provincial authorities) held exceptionally strong ownership over programme activities: in most central disagreements with the donor they got their way. This was enabled by the internal workings of the ownership policy. Disciplined by the discourse and the history of accusations of donor intrusion it carries with it, the donor was unwilling to use open imposition based on its financial muscle. But it was at least to an equal measure due to the exceptional strength of the recipient and his/her insistence on taking that ownership. But giving away total control (total ownership) was not an acceptable option to the interviewees: the donor also had her/his share of the right to control. Justification for the few instances of donor domination apparent in the project, as well as the general justification for donor interference in the use of aid funds, was found in the defects of the recipient, the Other, in opposition to whom the image of Self was constructed. The Other was corrupt and did not care for the hardship of vulnerable groups, qualities quite incongruent with Finnish aid policies and values in general. Therefore, the donor and the consultant were morally obliged to control the way aid funds were used. All in all the interviewees found the balance between ownership and conditionality in the programme quite good: recipient ownership had dominated over Finnish aid conditions to some degree, but still something was achieved on all fronts. Vietnamese predomination was presented as ownership, and cases of donor imposition as essential promotion of other donor goals. This way both actions congruent with ownership and actions congruent with 'donorship' were presented as successful instances of authorised policy. This study questions the inevitability of donor dominance in the aid relationship assumed by outside critics. It also questions the assumption of much inside literature that the key to ownership lies in dialogue based on trust and openness. In QTRDP there was not much trust or openness between the recipient and the donor side, but compromises acceptable to all parties could always be negotiated. This study suggests that instead of assuming either dominance or mutuality of goals, development studies and aid practice would benefit from further study into the field realities of how development cooperation actually happens: how different actors in development strategize in their dealings with other agents, how they are constrained yet able to subvert the objectives of others, and how policies influence aid interventions and are influenced by them. Tämä tutkimus paneutuu omistajuuden ja ehdollisuuden käsitteisiin kehitysyhteistyössä. 90-luvulta alkaen omistajuudesta on tullut keskeinen opinkappale avussa. Ideana on, että epäonnistuneiden apuinterventioiden historiasta irti pääsemiseksi avunsaajien täytyy voimallistua ottamaan avun suunnittelu ja toteutus omiin käsiinsä. Samalla kuitenkin erilaisten avun ehtojen määrä jatkaa nousuaan. Myös Suomen kehityshankkeiden täytyy tukea paitsi omistajuutta, myös esimerkiksi köyhyyden vähentämistä, demokratisaatiota, desentralisaatiota, sukupuolten välistä tasa-arvoa, ympäristönsuojelua ja hyvää hallintoa, arvoja jotka eivät välttämättä saumattomasti istu vahvaan avunsaajamaan omistajuuteen. Avunantaja on ristiriitaisessa tilanteessa, jossa toisaalta tulisi luopua kontrollista, toisaalta pitää siitä kiinni. Empiirisesti tutkielma keskittyy Quang Trin maaseutukehitysohjelmaan (QTRDP), Suomen rahoittamaan kahdenväliseen kehitysyhteistyöhankkeeseen Keski-Vietnamissa. Tutkimustehtävänä on arvioida Suomen kehityspolitiikan toteutumista hankkeessa rahoittajaosapuolen näkökulmasta. Miten omistajuuden periaate ja toisaalta avun ehdot heijastuivat projektin käytäntöihin, ja toisaalta miten käytäntöjä tulkittiin politiikkatavoitteiden valossa? Ensisijainen tutkimusmateriaali koostuu 15 projektin kanssa joko ulkoasiainministeriön (rahoittaja) tai projektin toteutusta tukemaan palkatun konsulttifirman kautta työskennelleen ihmisen haastatteluista. Metodi oli empiirisen yksinkertainen: teemoitellut ja koodatut haastattelutekstit muodostivat analyysin pohjan. Tutkimukseen on löysästi sovellettu Olivier de Sardanin 'sotkuisen sosiaalisen logiikan' (entangled social logic) menetelmää, joka yhdistelee faktuaalista ja konstruktionistista näkökulmaa analyysiin. Tutkimus asettuu apusuhteen 'idealistisen' ja 'kriittisen' tutkimusperinteen luomaan kehikkoon. Ensimmäisen mukaan apu on jaetuille tavoitteille perustuvaa suunniteltua ja rationaalista toimintaa, jossa koetut ongelmat selitetään virheellisillä apuparadigmoilla. Tästä näkökulmasta omistajuus-agenda näyttäytyy hyödyllisenä aloitteena vallan siirtämiseksi avunsaajan suuntaan. Jälkimmäisen koulukunnan mukaan apu johtaa väistämättä avunantajan dominointiin eikä mikään poliittinen tai periaatteellinen retoriikka muuta tätä perustotuutta. Apukirjallisuudessa omistajuus ymmärretään ensisijaisesti valtana ja apuprosessien hallintana. Tässä valossa vaikuttaa ilmeiseltä että QTRDP:ssa avunsaajan (ensijaisesti provinssitason viranomaiset) omistajuus oli harvinaisen voimakas: useimmissa kiistoissa rahoittajan kanssa he vetivät pitemmän korren. Tätä edesauttoi omistajuus-politiikan luoma sisäinen kuri. Omistajuus-diskurssi ja sen keskeisenä osana avunantajan toimiin kohdituva kritiikki tekivät rahoittajan haluttomaksi avoimesti käyttämään rahan tuomaa valtaa. Mutta vähintään yhtä tärkeää oli avunsaajan poikkeuksellinen vahvuus ja heidän voimakas omistajuus-vaatimuksensa. Haastateltavien mukaan täyden hallinnan (täyden omistajuuden) antaminen avunsaajalle ei kuitenkaan ollut mahdollista: myös avunantajalla nähtiin olevan oikeus jonkinasteiseen hallintaan. Oikeutus muutamille selville rahoittajan painostuksesta syntyneille päätöksille kuten myös yleinen oikeutus projektin toteutukseen puuttumiselle löydettiin avunsaajan puutteista. Kuva itsestä rakennettiin vastakkaissuhteessa avunsaajaan, joka kuvattin korruptoituneena ja välinpitämättömänä ihmisten kärsimyksiä kohtaan – varsin sopimattomia ominaisuuksia Suomen kehityspolitiikan näkökulmasta. Rahoittajalla ja konsultilla oli siis suorastaan moraalinen velvollisuus puuttua apuvarojen käyttöön. Omistajuuden ja ehdollisuuden välinen tasapaino nähtiin hankkeessa kaiken kaikkiaan melko hyvänä. Avunsaajan omistajuus oli ollut jonkin verran Suomen avun ehtoihin paneutumista vahvempaa, mutta kaikissa asioissa koettiin kuitenkin edistytyn. Vietnamilainen hallinta esitettiin omistajuutena ja avunantajapuolen painostustoimet Suomen avun tavoitteiden välttämättömänä ajamisena. Sillä tavoin molemmat, sekä omistajuutta että ehdollisuutta tukevat toimet, pystyttiin esittämään menestyksekkäänä Suomen apupolitiikan toteuttamisena. Tutkielma kyseenalaistaa apukriittisen koulukunnan oletuksen avunantajan väistämättömästä dominoinnista apusuhteessa. Se kyseenalaistaa myös instrumentaalisen koulukunnan oletuksen, jonka mukaan omistajuuteen päästään luottamukseen ja avoimuuteen perustuvan dialogin kautta. QTRDP:ssa avunantajapuolen ja avunsaajapuolen väliltä ei juuri löytynyt avoimuutta tai luottamusta, mutta siitä huolimatta osapuolia tyydyttäviä kompromisseja pystyttiin aina löytämään. Tulokset viittaavat siihen, että dominoinnin tai vaihtoehtoisesti yhtenevien tavoitteiden olettamisen sijaan kehitysyhteistyön tutkimisessa olisi syytä paneutua syvällisemmin apusuhteiden kenttätodellisuuteen: eri toimijoiden taktiikoihin sekä siihen, miten omat ja muiden tavoitteet rajoittavat (ja mahdollistavat) toimintaa ja miten niiden toteutumista toisaalta rajoitetaan.
Durante más de dos siglos Santander ha sido uno de los departamentos pioneros en la industria de la Confección, haciendo que Bucaramanga sea catalogada como una de las principales ciudades que trabaja fuertemente en este sector, al igual que regiones como Medellín, Bogotá, Cali, Pereira, Barranquilla e Ibagué. Santander, a pesar de ser uno de los departamentos con menor participación en las exportaciones nacionales, durante los últimos años su crecimiento ha sido superior a la del promedio nacional. La industria de las confecciones que en su gran mayoría está conformada por pequeñas y medianas empresas, está enfrentando el dilema de la competitividad, siendo ellas muy importantes para Colombia por el valor que generan, tanto en lo económico como en lo social. Por esto es que muchas organizaciones han puesto sus ojos sobre las Pymes, buscando la forma de apoyarlas y orientarlas para que puedan afrontar la situación actual, dándose un balance positivo inclinado hacia ellas, que junto con el desarrollo de las tecnologías de información y las comunicaciones que se están dando, les permite actualizarse y estar al día de los requerimientos de negocios. Por su parte el gobierno ha buscado mejorar el entorno económico de Colombia y sus industrias, con este fin están realizando cambios en el modelo económico y en sus políticas nacionales, con las que se quiere que el país y las empresas empiecen a competir en un mercado global y que temas como productividad y competitividad se estudien más a profundidad, para introducirlos como tópico clave en la industria. Se busca este fortalecimiento en especial en momentos como el presente, en donde el ALCA es considerada como una gran amenaza, si no se preparan las empresas para estar en condiciones de competencia, muy seguramente no podrán mantener sus actuales niveles de ventas y participación en el mercado, pues será usurpado por empresas más competitivas y capaces para los requerimientos de hoy. En la actualidad el gobierno y entidades de apoyo buscan mecanismos para fortalecer y beneficiar al País, aprovechando que este sector cuenta con un alto reconocimiento internacional, en calidad, precio y servicio. Santander cuenta con una alta gama de productos que jalonan de manera efectiva la cadena productiva, entre los cuales se tienen la ropa infantil con marca propia y los procesos de maquila. El Gobierno se ha dado cuenta de la importancia de implementar una serie de instrumentos que permitan de una manera ordenada y coherente el desarrollo de los sectores productivos del país. Algunos de los instrumentos que el gobierno ha liderado para el desarrollo de los sectores son el Plan de Desarrollo, el Plan Estratégico Exportador, la Política de Competitividad y Productividad, la Red Colombia Compite, los CARCEs, y el impulso al desarrollo de clusters, como acciones estratégicas, con ellos se pretende motivar la vocación exportadora de la Industria, mejorar la competitividad, incrementar considerablemente las ventas y la generación de empleos. De esta manera se busca concientizar al sector privado y a las instituciones, en la necesidad de trabajar cooperativamente para lograr ser más fuertes y obtener índices adecuados de competitividad internacional, facilitando así el fortalecimiento de la Industria. ; Instituto Tecnológico y de Estudios Superiores de Monterrey (ITESM) ; INTRODUCCION 1 1. MARCO TEORICO 9 1.1 Fundamentos de productividad y competitividad 10 1.2 Pensamiento estratégico y competitividad 11 1.3 Enfoques de competitividad 14 1.3.1 Modelo de competitividad tradicional 15 1.3.1.1 Competitividad a nivel interno 15 1.3.1.2 Competitividad a nivel externo 19 1.3.1.3 Análisis del ambiente 28 1.3.2 Competitividad contemporánea 30 1.3.2.1 Competitividad basada en recursos y capacidades internas 31 1.3.2.2 Competitividad basado en tecnologías de información 33 1.4 Opciones estratégicas 36 1.4.1 Lógica estratégica tradicional 37 1.4.2 Lógica estratégica contemporánea 39 1.5 Herramientas de soporte estratégico 45 1.5.1 Benchmarking estratégico 45 1.5.2 Inteligencia competitiva 47 2. METODOLOGIA 48 2.1 Tipo de investigación 48 2.1.1 Respecto a los fines 48 2.1.2 Respecto a los medios 48 2.1.3 Colecta de datos 49 2.2 Tratamiento de los datos colectados 50 2.3 Limitaciones del método 50 2.4 Población y muestra 51 3. INDUSTRIA TEXTIL – CONFECCIÓN 59 3.1 Generalidades de la Industria 59 3.2 Industria de Confecciones a Nivel Internacional 64 3.3 Industria de Confecciones a Nivel Colombia 88 3.4 Industria de Confecciones a Nivel Bucaramanga 152 4. TECNOLOGIA DE INFORMACION Y COMPETITIVIDAD 204 5. FACTORES DE COMPETITIVIDAD DE LA INDUSTRIA CONFECCIONES EN BUCARAMANGA DE 215 6. HACIA UNA PROPUESTA PARA EL SECTOR 219 6.1 Probables Alternativas Estratégicas para la Industria 219 7. CONCLUSIONES Y FUTUROS TRABAJOS 233 BIBLIOGRAFIA 239 GLOSARIO DE TERMINOS ANEXOS ; Maestría ; For more than two centuries, Santander has been one of the pioneering departments in the Garment industry, making Bucaramanga classified as one of the main cities that works strongly in this sector, as well as regions such as Medellín, Bogotá, Cali, Pereira , Barranquilla and Ibagué. Santander, despite being one of the departments with the lowest participation in national exports, in recent years its growth has been higher than the national average. The apparel industry, which is mostly made up of small and medium-sized companies, is facing the dilemma of competitiveness, being very important for Colombia due to the value they generate, both economically and socially. This is why many organizations have set their eyes on SMEs, looking for a way to support and guide them so that they can face the current situation, giving themselves a positive balance inclined towards them, which together with the development of information and communication technologies that are being given, allows them to update and be up to date with business requirements. For its part, the government has sought to improve the economic environment of Colombia and its industries, to this end they are making changes in the economic model and in their national policies, with which they want the country and companies to begin to compete in a market global and that issues such as productivity and competitiveness are studied more in depth, to introduce them as a key topic in the industry. This strengthening is sought especially in times like the present, where the FTAA is considered a great threat, if companies do not prepare to be in competitive conditions, they will most certainly not be able to maintain their current levels of sales and participation in the market. market, as it will be usurped by more competitive and capable companies for today's requirements. Currently, the government and support entities are looking for mechanisms to strengthen and benefit the country, taking advantage of the fact that this sector has a high international recognition, in quality, price and service. Santander has a high range of products that effectively mark the production chain, among which are children's clothing with its own brand and maquiladora processes. The Government has realized the importance of implementing a series of instruments that allow the development of the country's productive sectors in an orderly and coherent manner. Some of the instruments that the government has led for the development of the sectors are the Development Plan, the Strategic Export Plan, the Competitiveness and Productivity Policy, the Colombia Competes Network, the CARCEs, and the promotion of the development of clusters, such as strategic actions, with which it is intended to motivate the export vocation of the Industry, improve competitiveness, considerably increase sales and create jobs. In this way, it seeks to make the private sector and institutions aware of the need to work cooperatively to be stronger and obtain adequate rates of international competitiveness, thus facilitating the strengthening of the Industry.
We can distinguish different approaches to European identity in contemporary Lithuanian and European discourses. Western scholars, such as Jacque Derrida, Jürgen Habermas, Gerard Delanty, Soledad Garcia, Cris Shore and others, stress (and question) the political and economic basis of European identity. This approach is revealed in both normative discussions and actual policies of European identity, and is supported by public opinion surveys, which attest to the mostly pragmatic motivation of citizens of the European Union to identify with "Europeans." Traditionally, Lithuanian intellectuals tend to consider "Europeanness" more as a cultural, but not a political or economic phenomenon. This Lithuanian attitude is greatly influenced by the tradition of philosophy of culture, which thrived during the interwar period in Lithuania. The philosophers, among which the most important were Antanas Maceina, Stasys Salkauskis and Vytautas Alantas, created their definitions and visions of nation, state and culture. They shaped a whole framework of nationalist thinking and provided later generations with powerful rhetoric, strongly expressed in the Lithuanian debates in the last decade of the twentieth century. Nevertheless, this traditional approach to Lithuanian identity has been modified during the twentieth century. First, the debates about national identity continued abroad, mostly in the U.S., after the Soviet occupation where a liberal approach to national identity took shape. In the 1980s, the secession from the Soviet bloc facilitated the circulation of Western liberal ideas, developed both by Western scholars and Lithuanian emigrant intellectuals. These ideas, though contested by nationalist approaches, became more and more usual in Lithuanian "identity talk." Additionally, European integration influenced a more pragmatic attitude towards national identification, as well as acknowledgment of its situational character and relativist nature. This shift is well reflected not only in the writings of intellectuals, but also in the public opinion surveys. The cultural grounds of political identity gained a new meaning, yet continued to matter.It would be impossible to provide a thorough analysis of the extensive discussions during the century. Therefore I will concentrate on the debates that took place from the 1980s to the end of the decade. I have chosen this period for several reasons. First, these debates in a way encompass the ideas and problems that were formulated throughout all the previous years. The period is important also, since the entire Lithuanian tradition of both nationalistic thinking and thinking about nation starts being reconsidered, supported or criticized. Yet, paradoxically, the issue of Lithuanian national identity and its relation to other regional identities, and what is most important in my case, to European identity, has not gained proper attention among Lithuanian scholars. Identity studies, though extremely popular in the West, are only at the initial stage in Lithuania. Additionally, studies of the problems related to nationalism, which would stimulate to analyze the relation between national and supra-national identities, are still rare in Lithuanian academic discourse.Speaking about European identity is very complicated, since there is any consensus neither about its content nor functions. Scholars argue about it from very different and often contradictory perspectives. Some of them understand European identity as the factor that strengthens national feelings (Louis Snyder, Jennifer Welsh), others as a real supra-state identity, potential to diminish dangers of nationalisms (Jürgen Habermas, Jacque Derrida). The others see European identity as the utopian aim, created by elites (Cris Shore, Gerard Delanty). While some thinkers call for concrete policies of the promotion of European identity, which consist mostly of ideological revision of history and cultural policies, similar to those of nation states (Simon Mundy), others criticize the policies just because of the ideological dimension and accuse European identity of being manipulative (Antje Wiener, Cris Shore).The arguments try to solve the tension between economic, political and cultural grounds of European identity. All of them see European history as ambivalent, which may both support and undermine European integration. On the one hand, the history of Europe is the history of many nationalisms, of the fight between political and cultural units for the right of self-determination. Obviously, this "history of conflict" hardly could serve as the ideological glue for European integration. On the other hand, the history of Europe is the history of Western civilization that has developed on the basis of Christian religious and antique philosophical traditions, Renaissance's humanism, and Enlightenment's rationality. The aspects of a shared ethical system, rational reasoning and cultural heritage are often employed to create the illusion of inherited, long lasting "cultural" or "ethical" Europe. Many of the EU's programs stimulate this re-invention of a cultural European tradition, in Eric Hobsbawm terms, while emphasizing the presence of a common cultural heritage in all European countries. Nevertheless, many countries may still interpret that "common European heritage" not only as evidence of the mentality "we, Europeans," but also as a reminder of past conflicts, when that cultural tradition was imported or even coercively imposed. In this way a shared "European culture" is biased by the potential for completely different interpretations and may serve to absolutely different political and social goals.Since the beginning, the debates about European identity have been significantly stimulated by actual political and economic reality. European identity has been widely discussed, opposed and promoted during the last decades as related to the issues of the political legitimacy of the European Union. The problem of European identity gradually has become an object of the EU public policies. Discussions about European identity far transcend the boundaries of the Western Europe and are particularly important in Central East Europe. Namely, in this region, which witnessed late modernization, and late creation of modern nation states, Europeanness was a crucial question. Europe has always existed as a notion that reflected different countries in different periods. The "mirror" of Europeannes was one in which features of some nation were seen, or to put it into other words, Europeanness was one of the instruments in the creation of the notion of national identity.The question of Europeanness has been very significant in the understanding of Lithuanian identity. Because modernization entered Central East Europe as an imported phenomenon, most of the countries felt like smaller brothers of the bigger Europeans. Here Europeanness played an important role in the construction of the sense of national pride. To be Lithuanian has never been to be European, to be equal. In the nationalist discourse it was either to be "less than European," or "more than European."It is possible to distinguish two types of "European talk" among Lithuanians. While one "we, Europeans" means "we, non-Russians" and distinguishes Lithuanians as those of higher working morality and tolerance, the second "we, chasing the train of Europe" connotes continuous backwardness and a desperate need to transcend the "own" in order to overtake "them." In this talk we can note that Lithuanians see themselves positively as Europeans only in contrast to "non-Europeans," usually Russians. Meanwhile, Lithuanians do not conceive themselves as full-value Europeans when comparing themselves with Western Europeans. Paradoxically, this allows Lithuanians to think of themselves as "more Europeans," since then such national values as "spirituality" and the legendary history of the "pagan empire" is juxtaposed against rational and pragmatic, even de-spiritualized "Europeans of the EU."This often painful question of what does it mean to be European for a Lithuanian, sometimes tends to diminish the European dimension in general, and some different regional identity, for example, "Baltic" identification, comes to the fore. I will show how biased the question of Baltic identity is. While the future of the Baltic region (Estonia, Latvia, Lithuania), shaped by a common sad past, is an object of a political skepticism, for the same reason it wins the hearts of people, of which about 80% identify themselves as Balts. Nonetheless, despite abundant manifestations of national victimization, considering the western Other was necessary to define Lithuanian national identity. As David Laitin (2000) puts it, "[t]o an important degree, then, it is the Eastern Europeans who have a stronger interest in a utopian vision of "Europe" as a well-defined (and easily mimicked) culture than culturally secure Europeans who are citizens of the West European states."
ÖZETSon yıllarda tüm dünyada yoğun biçimde özellikle de gelişmekte olan ülkelerde bankacılık krizleri yaşanmaktadır. Gelişmekte olan ülkelerde finansal liberalizasyon sürecinde denetleme ve düzenleme kurumlarına yeterince önem verilmemesi ve iç ve dış etmenlerden kaynaklanan makroekonomik istikrarsızlıklar bankacılık krizlerinin ana nedenleri olarak gösterilebilir. Faiz oranları ve döviz kurlarındaki dalgalanmalar ve vade uyumsuzlukları finansal ve finansal olmayan kurumlar için piyasa riskinin ve kırılganlığın artmasına neden olmuştur. Bankacılık sektöründe devletin verimsiz bir şekilde bulunması ve kredilerin banka sahipleri ile bağlantılı kişilere verilmesi ve sektörde etkinliğin arttırılmaması sistemik banka krizlerinin artış trendinde önemli etmenlerdir. Diğer yandan muhasebe standartları, yasal düzenlemeler, şeffaflık, risk yönetimi konularındaki eksiklikler bankacılık sektörü gözetim ve denetim otoritelerindeki boşluktan kaynaklanmıştır. Tüm bu bileşenler ülke ve zamana göre farklılık göstermekle birlikte bankacılık sektöründe yaşanan sistemik krizlere neden olan en temel etmenlerdir.Türkiye'de 1980 sonrası yaşanan finansal liberalizasyon 1989 yılında sermaye hareketlerinin de serbestleştirilmesi ile tamamlanmıştır. Bu süreçte finansal piyasaların derinleştirilmesi hedefine ulaşılsa da, seksenli yılların ilk yarısında yakalanan ekonomik istikrar doksanlı yıllarla birlikte kendini ekonomik dalgalanmalara bırakmıştır. Yüksek kamu açıkları iç borçlanma ile finanse edilmiş, devletin borçlanma gereği özel sektör yatırımlarını dışlamıştır. Bankacılık sektöründe finansal aracılık faaliyetlerinin payı düşmüş, kamu borcunun finansmanı ve arbitraj gelirleri sektörün en önemli gelir kaynakları haline gelmiştir. Makroekonomik istikrarsızlığa son vermek amacıyla IMF ile 2000 yılı başında döviz kuru çıpasına dayalı bir istikrar programı anlaşması imzalanmıştır. Ne var ki programın maliye ve para politikası hedefleri tutturulsa da enflasyon beklentilerinin inatçılığı istenen ölçüde kırılamamıştır. Döviz kurunun olağanüstü değerlenmesi ve büyüme sürecine giren ekonomide ithalat harcamalarının artması, cari dengenin beklenenin iki katı (GSMH'nın%5'i) açık vermesine neden olmuştur. İç politikadaki belirsizlikler ve dış ekonomik dalgalanmalar programa olan güvenin azalmasına neden olmuş ve ard arda yaşanan iki kriz sonrası kur çıpası hedefi terk edilip döviz kuru serbest dalgalanmaya bırakılmıştır.İstikrar programının uygulanma sürecinde, zaten zayıf olan bankacılık sistemi programın yapısı gereği piyasa risklerine çok daha açık hale gelmiş ve kırılgan bir hal almıştır. Kriz döneminde faiz oranlarının inanılmaz seviyelere ulaşması, döviz kurunun ise aşırı değer kaybetmesi birçok bankanın sermaye yapısını olumsuz yönde etkilemiştir. Kamu bankalarının büyük montanlı "görev zararlarını" çok kısa vadeli kaynaklarla fonlaması piyasada baskı yaratmıştır. Ekonomideki yavaşlama reel sektör bilançolarının da bozulmasına neden olmuş finansal sektörde geri dönmeyen kredilerin oranı giderek artmıştır. Bütün bu problemlerin çözümü için 2001 yılı ortasında Bankacılık Sektörü Yeniden Yapılandırma Programı yürürlüğe konmuştur. Kamu bankalarının yeniden yapılandırılması ile işe başlanmış, kısa vadeli borçlanma ihtiyacını ortadan kaldıracak önlemler alınmış, eriyen sermaye yapısı onarılmıştır. Tahsili gecikmiş alacakları toplam kredilerinin 'ine ulaşan kamu bankalarına aktarılan kaynağın 2001 GSMH'na oranı .8'i bulmuştur. Kriz sonrası zor duruma düşen ve bankacılık sektöründe toplam paya sahip olan pek çok özel bankaya Tasarruf Mevduatı Sigorta Fonu (TMSF) tarafından el konulmuştur. Bu bankaların rehabilitasyon ve satışı için kamu kaynaklarından 2001 yılı GSMH'nın .9'u kadar kaynak ayrılmıştır. Bunlara ilaveten krizden olumsuz etkilenen diğer özel bankalar için sermayelerinin güçlendirilmesi ve tahsili gecikmiş alacaklarının çözümü için girişimlerde bulunulmuştur. Ayrıca etkin çalışan, global rekabete açık ve daha güçlü bir bankacılık sektörüne sahip olabilmek için düzenleme ve denetleme yapısının güçlendirilmesi çalışmalarına hız verilmiştir. Şimdiye kadar kayda değer bir ilerleme kaydedilmiş olsa da, yeniden yapılandırma programının başarısı, istikrarlı bir ekonomik ve politik düzenle doğrudan ilişkilidir. Uzun dönemdeki hedef büyüme sürecini yeniden yakalayıp ve o çizgide devam edip olası Avrupa Birliği üyeliğine zemin hazırlamaktır.SUMMARY (Banking Crises and Turkish Banking Sector Restructuring Program)In recent years there have been an increasing trend in banking crises in both developing and developed countries. Attaching inadequate importance to the regulatory and supervisory institutions during the financial liberalization process and macroeconomic instability due to domestic and foreign disturbances are the main determinants of banking crises in the developing countries. Volatility in interest and foreign exchange rates and maturity mismatches increased market risk and vulnerability of both financial and nonfinancial institutions. Inefficient occurrence of government in the banking sector, increase in connected lending and no correction policies for the inefficiencies in the sector are important factors contributing to the increasing trend of the systemic banking crises. Deficiencies in accounting and disclosure standards, legal arrangements and risk management arise from the absence of sound regulatory and supervisory framework in these countries. Even if it can change from country to country and from time to time all the above stated distortions are the main determinants of banking crises.Financial liberalization process in Turkey after 1980 has been completed by the liberalization of capital account in 1989. During this process even if the target of financial deepening is attained, the economic stability that is reached in 1980s has to be abandoned with the economic instability years of the 1990s. High borrowing requirement of government has been financed through domestic borrowing and the private sector investments are crowded out. Share of financial intermediation declined and financing government debt and arbitrage gains became the main sources of income for the banking sector. In the beginning of 2000, Turkey signed a stabilisation program with IMF, which was based upon an exchange rate anchor. Main target of the program was to attain macroeconomic stability. Even if the fiscal and monetary targets of the program have been achieved, inflation expectations could not be reduced. Extraordinary valuation of the foreign exchange rate and economic growth induced increase in import expenses resulted twice of the targeted current account deficit reaching 5%of GNP. Uncertainties in domestic politics and instability in foreign economic environment caused a decline in confidence to the program. After the Nov.2000 and Feb.2001 crises the program became unsustainable; the government has to abandon the peg and to float the currency.During implementation process of the stabilisation policy, due to the structure of the program already weak banking sector became more open to market risks and more fragile. Increase in interest rates to incredible levels and excessive valuation of exchange rate influenced negatively the capital structure of banks. State banks created pressure on the markets through their large amount of financing requirements for "Duty losses". The crises led to a serious contraction in the economy, which exerted an adverse impact on the asset quality of the banking sector and increased the nonperforming credits. In consequence, the government adopted in mid-2001 "Banking Sector Restructuring Program" in order to eliminate these problems. The program started with the restructuring of state banks, measures are taken to limit the short-term exposure and support is given to dissolved capital. While the state banks' 45% of the total loans were nonperforming, total cost of the financial restructuring was 15.8% of 2001 GNP. On the other hand those banks which became insolvent after the crises and taken over by Saving Deposit Insurance Fund totalled 14% of banking sector assets. For the rehabilitation and sale of these banks a resource of 11.9% of 2001 GNP is allocated from public funds. In addition, for other banks that have been affected adversely by the crises, steps have been taken to strengthen capital base and to solve the problem of nonperforming assets. Achieving an efficiently working, globally competitive and sound Turkish Banking sector, strengthening the regulatory and supervisory framework is important. Up to now even if a significant progress has been taken in the implementation of the program, the successful completion of the program depends on the political and economic stability. For the longer term, the challenge is to recapture growth momentum and translate it into sustained economic convergence, as a basis for prospective entry into the European Union.
Speech by B.A. Alejandro Carrillo at the meeting that took place at the National Theater in the evening of July 27, 1936. The aforementiones speech is etitled "la situación del proletariado de los Estados Unidos" (the situation of the proletariat in the United States). The typed version was done by Gregorio Martínez Dorantes. Within the speech, Alejandro Carrillo makes a review of the history of the proletarian movement in the United States since the Civil War, that is since the second half of the nineteenth century. It was in 1886 that the American worker movement was getting ready to fight against bourgeoisie. Since 1900, it started the industrial organization and until 1925, it was carried out a true revolution. Then, European and American immigration begun as well as a capitalist period. In 1905, it was organized the organization Industrial Workers of the World, a revolutionary group that fights for worker rights and tries to isolate honest revolutionary activists from the rest of the workers. This seems to be a wrong way to address the problem since they are detached from the worker multitude. It is also in 1905 when the first economic crisis takes place causing salary reductions and readjustment of workers. In 1913, a new crisis was beginning but it could be avoided thanks to the First World War because the United Sates replaced industry and commerce in Europe. The American Socialist Party was founded by Eugenio List against war and participation of the United States in the war. At the same time, the American Labor Federation, the biggest worker organization in the country, supported the war because it favored the economy and since then, it was the main allied of financial capitalism. In 1919, it broke out a strike of steel workers and it begun a persecution against worker movements, which are bloodily repressed as it happened in the state of Washington during a strike in September 1, 1927. Two important leaders were assassinated, Sacco and Vanzetti. In 1929, during the great crisis of the New York Stock Exchange, the American worker movement entered a period of strikes that extended across the country, which was a glorious period for the proletarian. In 1933, President Franklin D. Roosevelt took office decided to confront and overcome the crisis. He offers to workers the right to organize in unions and to get rights collectively that cannot be accomplished because the big companies are carrying out a persecution against those who want to make use of these rights. The economic crisis gets worse and it arises a division within the American Labor Federation. It arises a group led by William Green, who is the group's president and friend with Morones and Calles. He has a fascist tendency. It arises another group led by John Louis, who is concern about the national situation and is leading the progressive movement. He forms a Workers Front, which fights for industrial organization of workers against the labor union of Green. Carrillo makes a comparison between industrial and labor unions. The latter are in disadvantage since there are many labor unions for each industry. Moreover, if a union begins a strike, the rest of the factory keeps working. Louis realized said issue and was convinced of the need to have industrial unions so they could give support and strength to the strikes. The Mexican Workers Confederation is connected to Louis, since Green for being friend with Morones and Calles did not want to know of it. Finally, he criticizes Morones for his statements in Washington affirming that he left Mexico because there was a fascist government and he was a revolutionary man. He says that the authentic worker movements condemn Calles and Morones, and that the Mexican Workers Confederation is attentive to the actions of the American worker movement, which is in a significant period of its fight. / Discurso pronunciado por el Lic. Alejandro Carrillo, en el mitin que tuvo lugar en el Teatro nacional la noche del 27 de julio de 1936, titulado "La situación del proletariado de los Estados Unidos"; la versión taquigráfica es de Gregorio Martínez Dorantes. En el discurso, Alejandro Carrillo hace una revisión de la historia del movimiento proletario en Estados Unidos desde la Guerra Civil, es decir, desde la segunda mitad del siglo XIX. Es en 1886 cuando el movimiento obrero norteamericano se concientiza y se prepara para luchar contra la burguesía. A partir de 1900 se inicia la organización industrial y hasta 1925 se lleva a cabo una verdadera revolución; cuando se abrieron las puertas a la inmigración europea y americana, y se da en general un brillante periodo de desarrollo capitalista. Es en 1905 cuando se organiza el primer núcleo de lo que se conoce como Los Trabajadores Industriales del Mundo, agrupación revolucionaria que lucha por la causa obrera y que pretende aislar a los revolucionarios sinceros del resto de los trabajadores, errónea manera de enfocar el problema porque se desvincularon de la masa obrera. Es también en 1905 cuando ocurre la primera crisis económica con la consecuente reducción de salarios y reajustes de trabajadores. En 1913 se inició otra que se salvó gracias a la Primera Guerra Mundial, ya que Estados Unidos suplió a la industria y comercio europeos. Es contra la guerra y la participación de Estados Unidos en ella que se fundó el Partido Socialista Norteamericano por Eugenio List. A su vez, la Federación Americana del Trabajo, la mayor organización de trabajadores del país, apoyó la guerra porque favorecía la economía y es desde entonces la principal aliada del capitalismo financiero. En 1919 estalla la huelga del acero y una persecución contra los movimientos obreros reivindicadores del los derechos proletarios, que son reprimidos incluso sangrientamente como ocurrió en el estado de Washington durante la huelga general, dolorosamente reprimida el 1 de septiembre de 1927 en Boston, Masssachussetts, cuando son asesinados dos importantes líderes, Sacco y Vanzetti. En 1929 cuando la gran crisis, desencadenada por el ruidoso crack de la Bolsa de Valores de Nueva York, el movimiento obrero norteamericano entra en un periodo de huelgas que se extienden por todo el país, éste es un glorioso periodo para el proletariado. En 1933 llega a la Presidencia Franklin D. Roosevelt con su política del nuevo trato, decidido a afrontar y superar la crisis, y ofrece a los trabajadores el derecho de organizarse sindicalmente y de contratar colectivamente ofertas que no pueden cumplirse porque las grandes empresas inician una terrrible persecución en todo el país contra quienes deciden aprovechar estos derechos, y la crisis económica se agudiza hasta que en la Federación Americana del Trabajo surge una división; un grupo encabezado por William Green su presidente y compadre de Morones y Calles, de tendencias fascistas, y otro por John Louis, quien angustiado por la situación del país se pone al frente del movimiento progresista y forma un Frente Unico de Obreros que lucha por la organización industrial de los trabajadores contra la organización gremial de Green. Hace Carrillo una comparación entre los sindicatos industriales y los gremiales, estos últimos en desventaja porque son muchos los gremios que trabajan en cada industria y si entra a huelga un gremio el resto de la fábrica continúa trabajando; Louis se dio cuenta de ello y se convenció de la necesidad de contar con sindicatos industriales para darle mayor fuerza a la huelga. La Confederación de Trabajadores de México está vinculada con Louis, ya que Green por su amistad con Morones y Calles ni siquiera quiso recibirlos. Por último critica a Morones por sus recientes declaraciones en Washington en las que afirmó que había salido de México porque aquí existía un régimen fascista y él era revolucionario. Comenta que los auténticos núcleos de obreros progresistas repudian a Calles y a Morones y que la Confederación de Trabajadores de México está muy atenta a los movimientos de los trabajadores de la industria norteamericana que están en un muy importante momento de su lucha reivindicadora.
Clare Hutchinson is the NATO Special Representative for Women, Peace and SecurityOn 31 October 2000, the United Nations Security Council unanimously adopted Resolution 1325 on Women, Peace and Security. For the first time in the history of the United Nations, women's concerns in relation to peace and security were formally discussed and acknowledged within the Security Council. Resolution 1325 recognises the disproportionate and unique impact of armed conflict on women and stresses the need for full participation of women as active agents in peace and security.Building on the earlier UN Security Council resolutions on Children and Armed Conflict and Protection of Civilians, UNSCR 1325 was revolutionary, bringing to global attention the disproportionate impact of conflict on women and girls. UNSCR 1325 is a political and operational tool that has changed the conceptualisation of security and reframed the issue of women's rights within this space. Its 3 pillars of prevention, protection and participation remain the bedrock of WPS and, as such, demand that all actors recognize the different impact of armed conflict on women and girls is something for which the global community can find concrete remedies with and for women.As the UN WPS resolutions have evolved[1] and grown in stature and number, so has the recognition that so-called 'marginal' actors such as women are no longer on the periphery. The Women, Peace and Security agenda collectively recognises that women are not only victims in conflict; often subject to heinous brutality and marginalized politically and economically, but they also make up to 30% of combatants in many conflicts and are sometimes actively engaged in terrorist organisations. The role of women in conflict, like that of men, is complex and layered and a gender lens needs to be applied to the entire cycle of conflict without preconceptions.In November 2017, Canada launched 'The Vancouver Principles on Peacekeeping and the Prevention of the Recruitment and Use of Child Soldiers'. The 'Principles' are a set of 17 political commitments focused on child protection in peacekeeping, but also specifically recognise the contribution of women to peacekeeping and the critical roles women can play in the protection of children.Over the last few years the attention to the lack of women in peace operations has become central. Discussions, initiatives and activities have increased in volume in their focus on gender parity and increasing the number of women, for both uniformed and civilian peacekeepers.For international organisations, including NATO, this has propelled a call for increased attention to the recruitment and retention of women in national forces, as a basis of operational effectiveness. The UN 2028 target for women serving in military contingents is 15%. Currently, NATO is ahead of the global average, with women making up 12% of NATO forces. However, more needs to be done. NATO's strategy has been to encourage our nations to dismantle barriers standing in the way of the full participation of women in the Alliance and national forces. We will continue to push and encourage the deployment of women, not because they are women to match targets, but because they have a right to contribute to the service of their nation and NATO.We should, however, be cautious about resting the efficacy of the agenda on parity alone. While greater diversity and a broadened skillset can be linked to better decision‐making, planning and results - numbers are not enough. It is only in balancing the issues of parity and participation, that equality can be efficiently and effectively actioned.The Vancouver Principles highlight the 'distinct and critical roles of both men and women in the protection of children and the prevention of the recruitment and use of child soldiers'[2]. Yet, we do need to be cautious about making assumptions women are innately suited to protection of children tasks – assumptions that are both inaccurate and dangerously essentialist. Where attention needs to be placed is in the gendering of responses to child protection. To what extent can gender perspectives enhance the political framework on children and armed conflict and the operational response to prevention and protection?Vancouver Principle 11 provides an important political foundation from which to move forward. As we forge a path towards the next twenty years, we must all continue to do our part, to strengthen both parity and participation, to secure a lasting peace for all.[1] There are currently ten United Nations Security Council resolutions on WPS, UNSCRS 1325 (2000), 1820 (2008), 1888(2009) 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019), 2493 (2019) [2] The Vancouver Principles on Peacekeeping and the Prevention of the Recruitment and Use of Child Soldiers 2017 ; Clare Hutchinson es la Representante especial de la OTAN sobre Mujeres, Paz y SeguridadEl 31 de octubre de 2000, el Consejo de Seguridad de las Naciones Unidas adoptó de manera unánime la Resolución 1325 sobre Mujeres, Paz y Seguridad (MPS). Por primera vez en la historia de las Naciones Unidas, las inquietudes de las mujeres respecto a la paz y la seguridad fueron debatidas y reconocidas formalmente en el Consejo de Seguridad. La Resolución 1325 reconoce el impacto único y desproporcionado del conflicto armado en las mujeres y enfatiza la necesidad de que las mujeres participen de manera integral como agentes activos para el mantenimiento de la paz y la seguridad.Con base en resoluciones anteriores del Consejo de Seguridad de la ONU sobre Niños y conflicto armado, y sobre Protección de civiles, la Resolución 1325 fue revolucionaria, pues atrajo la atención mundial sobre el impacto desproporcionado de los conflictos en mujeres y niñas. La Resolución 1325 es una herramienta política y operacional que ha modificado la conceptualización de la seguridad y replanteado el tema de los derechos de las mujeres en este ámbito. Sus tres pilares de prevención, protección y participación siguen siendo la base de MPS y, como tales, exigen que todos los actores reconozcan que el impacto diferente de los conflictos armados en mujeres y niñas es un problema que la comunidad mundial puede resolver mediante medidas concretas con y para las mujeres.A medida que las resoluciones sobre MPS de la ONU evolucionan[1] y crecen en envergadura y número, también lo hace el reconocimiento de que los famosos actores "marginales", como las mujeres, ya no se encuentran segregados. El plan sobre Mujeres, Paz y Seguridad reconoce de manera colectiva que las mujeres no son solo víctimas en un conflicto; a menudo sufren brutalidades abominables y son marginadas tanto política como económicamente, pero también representan hasta el 30% de los combatientes en numerosos conflictos y a veces participan de manera activa en organizaciones terroristas. El rol de las mujeres en un conflicto, al igual que el de los hombres, es complejo y matizado, por lo que es necesario abordar desde una perspectiva de género el ciclo completo del conflicto sin ideas preconcebidas.En noviembre de 2017, Canadá publicó "Los Principios de Vancouver sobre Mantenimiento de la Paz y Prevención del Reclutamiento y Uso de Niños Soldados". Los "Principios" son un conjunto de 17 compromisos políticos focalizados en la protección infantil durante misiones de paz, pero también reconocen específicamente la contribución de las mujeres en el mantenimiento de la paz y los roles críticos que pueden desempeñar en la protección infantil.Durante los últimos años, la ausensia de mujeres en misiones de paz se ha convertido en un tema de análisis fundamental. Los debates, las iniciativas y las actividades han reforzado su enfoque en la igualdad de género y aumentado las cifras de mujeres como pacificadoras uniformadas y civiles.Para las organizaciones internacionales, incluida la OTAN, esto ha llevado a solicitar una mayor atención en el reclutamiento y retención de mujeres en fuerzas nacionales con el objetivo de promover la eficacia operativa. El objetivo 2028 de la ONU para las mujeres que prestan servicio en contingentes militares es del 15 %. Actualmente, la OTAN se encuentra por sobre el promedio mundial, con una representación de mujeres del 12 % en sus fuerzas. Sin embargo, aún queda mucho por hacer. La estrategia de la OTAN ha sido animar a nuestros países a derribar las barreras que impiden la participación integral de mujeres en la Alianza y en las fuerzas nacionales. Seguiremos esforzándonos y fomentando el despliegue de mujeres, no solo para cumplir las metas de participación femenina, sino porque ellas tienen derecho a contribuir al servicio de su nación y de la OTAN.No obstante, debemos tener cuidado de no supeditar la eficacia del plan solo a la paridad. Aunque la mayor diversidad y los conjuntos de habilidades más amplios se pueden vincular a una mejor toma de decisiones, planificación y resultados, las cifras no bastan. Solo si equilibramos los problemas de paridad y participación, será posible aplicar con eficiencia y eficacia esa igualdad.Los Principios de Vancouver resaltan "los roles distintos y fundamentales de hombres y mujeres en la protección infantil y la prevención del reclutamiento y uso de niños soldados".[2] Aun así, debemos tener cuidado de no suponer que las mujeres son inherentemente idóneas para labores de protección infantil, pues estas suposiciones no solo son inexactas sino que peligrosamente esencialistas. Es necesario concentrar la atención en la dimensión de género de las medidas de respuesta para proteger a los niños. ¿En qué medida las perspectivas de género pueden optimizar el marco político sobre niños y conflicto armado, así como la respuesta operativa de prevención y protección?El Principio de Vancouver 11 ofrece una base política importante para avanzar. Mientras preparamos el camino para los próximos veinte años, debemos seguir haciendo nuestra parte para garantizar una paz duradera para todos.[1] Actualmente, existen diez resoluciones del Consejo de Seguridad de las Naciones Unidas sobre MPS, UNSCRS 1325 (2000), 1820 (2008), 1888(2009) 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019), 2493 (2019) [2] Los Principios de Vancouver sobre Mantenimiento de la Paz y Prevención del Reclutamiento y Uso de Niños Soldados 2017 ; Clare Hutchinson est la représentante spéciale du secrétaire général de l'OTAN pour les femmes, la paix et la sécuritéLe 31 octobre 2000, le Conseil de sécurité des Nations Unies a adopté à l'unanimité la Résolution 1325 sur les femmes, la paix et la sécurité. Pour la première fois dans l'histoire des Nations Unies, les préoccupations des femmes en matière de paix et de sécurité ont été formellement discutées et reconnues au sein du Conseil de sécurité. La Résolution 1325 reconnaît l'impact disproportionné et particulier des conflits armés sur les femmes et souligne la nécessité d'une pleine participation des femmes en tant qu'agentes actives de la paix et de la sécurité.S'appuyant sur les résolutions antérieures du Conseil de sécurité des Nations Unies sur les enfants face aux conflits armés et sur la protection des civils, la Résolution 1325 était révolutionnaire, attirant l'attention du monde entier sur l'impact disproportionné des conflits sur les femmes et les filles.La RCSNU 1325 est un outil politique et opérationnel qui a modifié la conceptualisation de la sécurité et recadré la question des droits des femmes dans cet espace. Ses trois piliers, à savoir la prévention, la protection et la participation, restent le fondement du programme « Femmes, paix et sécurité » et, à ce titre, exigent que tous les acteurs reconnaissent l'impact différent des conflits armés sur les femmes et les filles, ce à quoi la communauté mondiale peut trouver des remèdes concrets avec et pour les femmes.Au fur et à mesure que les résolutions des Nations Unies sur les femmes, la paix et la sécurité ont évoluées[1], ont pris de l'ampleur et se sont multipliées, il est également reconnu que les acteurs dits « marginaux » tels que les femmes ne sont plus à la périphérie. Le programme « Femmes, paix et sécurité » reconnaît collectivement que les femmes ne sont pas seulement des victimes dans les conflits, souvent soumises à des brutalités odieuses et marginalisées politiquement et économiquement, mais qu'elles représentent aussi jusqu'à 30 % des combattants dans de nombreux conflits et sont parfois activement engagées dans des organisations terroristes. Le rôle des femmes dans les conflits, comme celui des hommes, est complexe et multiple, et il convient d'appliquer une optique sexospécifique à l'ensemble du cycle du conflit, sans préconceptions.En novembre 2017, le Canada a lancé Les Principes de Vancouver sur le maintien de la paix et la prévention du recrutement et de l'utilisation d'enfants-soldats. Les Principes sont un ensemble de 17 engagements politiques axés sur la protection des enfants dans le cadre du maintien de la paix, mais ils reconnaissent aussi explicitement la contribution des femmes au maintien de la paix et les rôles essentiels qu'elles peuvent jouer dans la protection des enfants.Au cours des dernières années, l'attention portée à l'absence des femmes dans les opérations de paix est devenue centrale. Les discussions, les initiatives et les activités se sont multipliées pour mettre l'accent sur la parité entre les sexes et l'augmentation du nombre de femmes, tant parmi les soldats de la paix en uniforme que parmi les civils.Pour les organisations internationales, y compris l'OTAN, cela a conduit à demander qu'une attention accrue soit accordée au recrutement et au maintien en poste des femmes dans les forces nationales, comme base de l'efficacité opérationnelle. L'objectif des Nations Unies pour 2028 est de 15 % de femmes dans les contingents militaires. Actuellement, l'OTAN est en avance sur la moyenne mondiale, puisque les femmes représentent 12 % des forces de l'OTAN. Cependant, il faut en faire plus. La stratégie de l'OTAN a consisté à encourager nos pays à démanteler les obstacles qui s'opposent à la pleine participation des femmes aux forces de l'Alliance et aux forces nationales. Nous continuerons à promouvoir et à encourager le déploiement de femmes, non pas parce qu'elles sont des femmes qui permettent d'atteindre des objectifs, mais parce qu'elles ont le droit de contribuer au service de leur pays et de l'OTAN.Nous devrions toutefois être prudents quant à la possibilité de faire reposer l'efficacité du programme sur la seule parité. Si une plus grande diversité et un éventail de compétences élargi peuvent être liés à une amélioration de la prise de décision, de la planification et des résultats, les chiffres ne suffisent pas. Ce n'est qu'en équilibrant les questions de parité et de participation que l'égalité peut être mise en œuvre de manière efficace et réelle.Les Principes de Vancouver soulignent les « rôles distincts et cruciaux que jouent les hommes et les femmes dans la protection des enfants et la prévention du recrutement et de l'utilisation d'enfants-soldats[2] ». Cependant, nous devons faire attention à ne pas présumer que les femmes sont naturellement douées pour les tâches de protection des enfants, des présomptions qui sont à la fois inexactes et dangereusement essentialistes. Il convient d'accorder une attention particulière à la dimension sexuée des réponses apportées à la protection de l'enfance. Dans quelle mesure les perspectives sexospécifiques peuvent-elles améliorer le cadre politique sur les enfants et les conflits armés, et la réponse opérationnelle en matière de prévention et de protection ?Le Principe 11 de Vancouver fournit une base politique importante pour aller de l'avant. Alors que nous traçons la voie vers les vingt prochaines années, nous devons tous continuer à faire notre part pour renforcer à la fois la parité et la participation, afin de garantir une paix durable pour tous. [1] Il existe actuellement dix résolutions du Conseil de sécurité des Nations Unies sur les femmes, la paix et la sécurité, à savoir les résolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019) et 2493 (2019).[2] Les Principes de Vancouver sur le maintien de la paix et la prévention du recrutement et de l'utilisation d'enfants-soldats, 2017
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SPALDING'S TRADE=MARK on Athletic Goods is the of guarantee of quality. Don't be deceived by "just as good' that some dealers offer you. Spalding's supplies are made better and last longer—and the price cheaper, when you consider the wear and tear they will stand Spalding's goods are made to last with the toughest kind of use. A. G. SPALDING & BROS. NEW YORK INCORPORATED CHICAGO DENVER J. I. MUMPER. 41 Baltimore St., Gettysburg, Pa. The improvements to our Studio have proven a perfect success and we are now better prepared than ever to give you satisfactory work. * »- THE GETTYSBURG JIERGUHY The Literary Journal of Gettysburg College Voi,. XI. GETTYSBURG, PA., MAY, 1902 No. 3 CONTENTS SESTIUS {Poem) 74 CHAS. W. HEATHCOTE, '05. NATURE IN EMERSON'S POETRY 75 CHARLES C. STORRICK, '02. THE LIFE THAT IS RECORDED 80 FRED. G. MASTERS, '04. ,'KITTY" {Story) 85 C. B. GI,ATEEI,TER, '04. THE ROMAN EMPIRE TAKEN AS A MODEL FOR THE PAPAL EMPIRE 86 D. MONTFORT MELCHIOR, '02 ALEXANDER HAMILTON 93 W. W. BARKXEY, '04. "YARNS" 99 FRESHMAN. "THE MILL WILL NEVER GRIND WITH THE WATER THAT IS PAST" 101 LYMAN A. GUSS, '04. EDITORIALS 105 Spring Term—Senior Memorial—Catalogue. EXCHANGES 107 BOOK REVIEW . 107 74 THE GETTYSBURG MERCURY. TO SESTIUS. (Translatedfrom Horace.) CHAS. W. HEATHCOTB, '05. TNCLEMENT Winter melts away, lo Spring with sunny skies ~ And gentle zephyrs; sailors launch their ships again from shore Now cattle leave their stalls, and peasant quits his fire, And fields bloom with flowers where laid the snow before. By Venus led, while moon shines over head, The comely graces joined hand in hand with alternating feet Strike on the ground, while glowing Vulcan scatters fire fierce and red From the forges of the Cyclops, with repeated beat. 'Tis fit with myrtle green to crown our head Or with flowers, the earth from the fetters of Winter freed. And to sacrifice to Pan in some grassy bed, A lamb or kid if he prefers such offering feed. Death comes alike to all—to the tyrant's lofty mansion Or the cottage of the poor—his advances none can stay. Oh, happy Sestius, achieve each day some certain action, Enjoy thy life to-day with far reaching hopes away. Soon shall the grave enshroud thee and the Manes' feeble crowd And shadowy home of Pluto shut thee in, There shalt not thou cast lot for ruddy wine, Nor woo the gentle Lycidas whom all are mad to win. THE GETTYSBURG MERCURY. 75 . NATURE IN EMERSON'S POETRY. CHARLES C. STORRICK, '02. (Graeff Prize Essay.) /V LL who are familiar with the literature of the period of ^ •*■ Queen Anne, know that it was devoid of poems based on Nature. About the time that Wordsworth came into promi-nence as a poet, an insurrection arose against the school of literature represented by Dryden and Pope. This insurrection was called "a going back to nature." Burns exemplified it in fresh and original poems, Cowper also manifested it in minute descriptions of natural objects. Compare one of Burns' or Cowper's poems with the conventional verse of the times, and the latter is completely overshadowed by the beauty and mean-ing of the new style of literature. William Wordsworth was the great head of this revolution. He endeavored not only to describe but to interpret Nature, to examine into her various forms and to discover the meaning she conveys. By communing with her he discovered that she was spiritually alive, that his own soul was not only touched and inspired by viewing her, but that the spirit animating her was similar to his own. Wordsworth's experience was the re-sult of genuine insight, and not crazy, mystical metaphysics. If we do not understand Wordsworth, we cannot hope to un • derstand and appreciate Emerson, as he was even more mys-tical and complex than Wordsworth. Emerson belongs to the same school of literature as Wordsworth. Nearly all of Emerson's poems show a love and keen under-standing of Nature; the power of interpreting her "various language, also the all absorbing joy in communing with her." The lover of Nature, he says, is he "whose inward and outward senses arc still truly adjusted to each other; who has retained the spirit of infancy even into the era of manhood. His intercourse with her becomes part of his daily food. In her presence a wild delight thrills his soul. In the woods a man casts off his years as a snake its slough, and is forever 76 THE GETTYSBURG MERCURY. young. Here is perpetual youth ; within these plantations of God a decorum and sanctity reign, a perennial festival is dressed, and the guest sees not how he could tire of them in a thousand years." Thus it was that Emerson beheld Nature. Let us now consider what he denned Nature to be. We can best do this by using his own definition—"Nature in the common sense refers to essences unchanged by man—space, the air, the river and the leaf. Philosophically speaking, the universe is composed of Nature and the Soul." His chief idea was that the whole universe of thought and things was a complex manifestation of a Central Unity; that "the all" was a manifestation of "the one;" man in his loftiest perceptions of Nature, communed not only with the soul ani-mating the visible universe, but also saw and felt that his own soul was identical with it. Thus the value and weight of natural objects on the mind. In the development of his thought he seems, at times, to be a pantheist, at others, a deist. He was, in truth, however, a transcendentalist. His deity is "imminent" in the universe of matter. In one of his poems he complains that many writers and scientists have lost the sense that Nature is spiritually alive. He considers Nature as a powerful teacher from whom we may learn the greatest and most beautiful truths. One of his first poems was "Good bye, Proud World." These lines were written when he was a teacher in a Boston school, and his "Sylvan Home," described in the poem, was his country boarding place, not far distant. In these lines he gave the first evidence of his intellectual and moral independence. His work of teaching seems to have been a drudgery to him, judging from the way his soul was thrilled when he escaped to the country. Then he burst forth in the exulting joy of the deliverance from his task, as follows: Oh, when I am safe in my sylvan home, I tread on the pride of Greece and Rome , And when I am stretched beneath the pines Where the evening star so holy shines, I laugh at the lore and pride of man, THE GETTYSBURG MERCURY. JJ At the sophist schools and the learned clan ; For what are they all, in their high conceit, When man in the bush with God may meet? In "Wood Notes" we behold Emerson in his most rapturous mood. There is inspiration in every line. Here he is in direct contact with Nature; he throws off all the chains of conven-tionality, and sings as if he were the first and only one of his race—an Adam who has seen the growth of all things, and witnessed the creation whose secret purpose and plan he per-ceives. Here he is free from all care and worry; here is all that charms and delights; all that appeals to a poet of Nature, and his heart wells up to overflowing with praise to his God and Maker. Here he discovers that each rock, and tree, and stream gives to him some divine inspiration. The rock sug-gests firmness and stability of purpose ; the clear stream, pure-ness of life; the tree, uprightness of character. All convey to him beauty and grandeur. In the first stanza of the "Wood Notes" he says: "Caesar of his leafy Rome, There, the poet is at home." Here in the forest he imagines the trees speak to him all the living languages, conveying to his mind great and divine truths. All that is worth learning, Nature confides to him when he thus communes with her. In the poem entitled "Monadnoc" he goes forth to the moun-tain of this name and there communes with Nature. The trees relate to him great truths, and the dashing mountain streams sing to him music of angelic strains. He considered it better to live in such a place as this in a hut than in a pala-tial home in the fashionable city. The general trend of his writings goes to show that the aim of the spirit which under-lies Nature is to build up intrepid manhood in human nature. In this same poem he says the soul of Nature goes on to mould and shape better men. What is the mental mood in which the human mind, lifted above its ordinary limitations, sees into the heart of Nature ? 78 THE GETTYSBURG MERCURY. Emerson calls it a mood of ecstacy—a sort of heavenly intoxi-cation which, while it may blind the eye of the soul to things as they appear, sharpens and brightens its perception of things as they really are. In "Bacchus" we have an example and a statement of this inspiration. "Bring me," he says: "Bring me wine, but wine which never grew In the belly of the grape * * * That I intoxicated, * * * May float at pleasure through all nations; The bird language rightly spell, And that which roses say so well." Emerson says that his ideal poet never lived. The greatest poets have only suggested here and there, the possible "Olym-pian Bard," who would sing "divine ideas" on earth without any break in the stream of his inspiration. His character would ever be on a level with his loftiest aspirations. The secret of the universe such a poet would reveal, but most poets caught only glimpses of this secret in certain moments when they saw the "Real shining through the mask of the Apparent." The mask was visible nature, the real was the soul within and behind it. He sees in Nature an exemplification of the doctrine of the "survival of the fittest." What we call evil he considers to be often the greatest good. "Evil is good in the making, not a positive substance, but a mere imperfection of good." "If one shall read the future of the race hinted in the organic effort of Nature to mount and meliorate, and the corresponding impulse to the Better in the human being, we shall dare affirm that there is nothing he will not overcome and convert, until at last cul-ture shall absorb the chaos and gehenna. He will convert the Furies into Muses, and the hells into benefits." Passing by Emerson's poetic philosophy of Nature and man, and the poems which represent it, he is still the author of some short poems which are admirable and beautiful. Such are, "Each and All," "The Rhodora," "The Seashore," "The Snow-storm," "The Humble-bee" and "Forerunners." In the last of ■ THE GETTYSBURG MERCURY. 79 these he tells us of his joyous and resolute pursuit of unattain-able beauty. He ever abhorred the ugly. No poet was ever more susceptible to the beautiful. In Nature he saw beauty re-alized. He felt, like his own humble bee, an abhorrence of "Aught unsavory or unclean." In his poem, called the "Sea-shore," he sees beauty in Nature which far outranks that of Art. The sculpture far outranks that of Phidias. The beauties of the sunset and sunrise are far more beautiful in Nature than those the artist has portrayed on his canvas. The dewdrop, glittering in the morning sun, far outshines the beauty of the ruby or diamond. The fantastic shape of the drifted snow and the beauty of the flakes microscopically viewed are beauty real-ized. The pure whiteness of the snow signifies true nobility and strength of character. The music of the sea and forest stream is far sweeter than that of the sad Orpheus. Emerson is truly a poet of Nature. In the woods and fields his soul leaps up in joy and he is awed by the majesty and mystery of Nature. Here all is pure and not polluted by "the traces of vulgar feet." Destroy his poems on Nature and we have, in fact, destroyed them all, or at least the best and most attractive of his poems. This was his only theme—Nature its mysteries and grandeur. From her he obtained all his wis-dom and learning. To be perfect as Nature was his ideal. »-'T^ How glorious is man ; how high his power! The fairest diadem of things that are, Who sees his Maker's beauty in the flower, His greatness in each planet and bright star. To man all animals submission pay, To him the elements in homage bend, And nature owns his universal sway, That they with him might their due honor send To God's refulgent throne, and ever raise Through him their voices loud, hymning eternal praise. —JOHN B. FAY in Georgetown College Journal. 8o THE GETTYSBURG MERCURY. THE LIFE THAT IS RECORDED. FRED. G. MASTERS, '04. "*l'| '•HE great are only great because we are on our knees • ^ let us rise up."—PRUDHOMME. "From the lowest depth there is a path 'to the loftiest heights.' "—CARLYLE. The subject, The Life That Is Recorded, stands in contra-diction to other life that is unrecorded. By the recorded life we mean that life which has been of so much importance in the world that its achievements will be perpetuated for ages in the best literature. Do we mean to include the records of the majority of lives as published in the newspapers of the day? No! At the present time we may believe just about one third of what we read in our dailies. One can travel the path of learning but a very short distance without hearing the names of such men as Solomon, Nero, Caesar, Paul, Plato, Homer, Virgil, Horace, Shakespeare, Milton, Voltaire, Washington. It is the lives of such men, men whose achievements are written in capital letters in the world's history, that we wish to speak of in this paper. Men are prone to recognize qualities of greatness in a man, whether this greatness be for the uplifting of humanity or for tearing it down. He who would have his life recorded must be a genius indeed. He must be made of different dust from the generality of men. He must have a spirit that brooks no opposition, and stands waiting every opportunity to go a step higher. Why is the lifework of Shakespeare recorded ? Is it because he was the first dramatist of any note that wrote in the English language, or is it because he was the greatest ? It is for the latter reason that scarcely a day passes without our hearing of the Bard of the Avon. He has given us masterpieces in their line. His works are read with increased interest as we become familiar with them. He has depicted for us human life as no other author ever did. Milton, sitting alone in darkness, gave THE GETTYSBURG MERCURY. 8l us his Paradise Lost. Bunyan, languishing in jail at Bedford, wrote his famous allegory, Pilgrim's Progress. It is men of this kind who make their names immortal, men who are burn-ing with the intensity of their subject, men who feel that they have a mission to perform, and consequently do it with all their might. Let us not think that good men alone have become great. The greatest villians of history have their names written side by side with the benefactors of mankind. Judas is known throughout the world. But, alas, for what? For having betrayed a kind and loving Saviour for money. Charles IV has become famous. For what ? For having ordered the most bloody slaughter of his fellow men that the civilized world has ever seen. Benedict Arnold is known to every schoolboy. He is not spoken of because of his heroic conduct at Quebec, but because of his base desertion of his native country, then struggling for freedom and justice. And so we might go on speaking of both the good and the bad, telling why their names are recorded. It is much more pleasant to hear good of men than bad, hence we would confine ourself to the good record rather than the bad. We see, in history, that men have become eminent and in-fluential, not by force of circumstance, but by energy and in-dustry. Especially in our own country do we see those who have sprung from the lowest walks of life, occupying positions of the greatest honor and trust. We see Lincoln, coming from the log-cabin in Kentucky, flashing upon the public gaze like a meteor. But, mark you, his achievements, up until the time he became president, were by no means meteoric. They were the results of persistent labor and a high aspiration. Other men might be mentioned, as having sprung from similar en-vironments ; such as Garfield, Webster, Rittenhouse, Carnegie, Edison, Black, Franklin, Clay, and others. As we have already remarked, it cannot be mere chance and genius that have thrust men before the gaze of their fellows, and will cause them to maintain the same enviable position for centuries. The man who is not willing to work and to strain 82 THE GETTYSBURG MERCURY. every nerve to accomplish a definite end, need not hope for success and probably an epitaph written in the world's history. To borrow an expression, we dare not lie on our backs and hug the delusive phantom, Genius, trusting it, alone, to work out our destiny for us. In all things, as in literature, native bent or genius is not sufficient. It must be combined with culture and discipline. Man is what he is by effort, and not by nature. Water is raised above the level of the original fountain by artificial means, and so man raised himself above the level of ordinary humanity by artificial means. Nature favors certain ones, it is true, but she is far more impartial than we give her credit for. The life of a great man is a continual struggle, it matters not what character he is playing in life's great drama, whether he be a poet or a statesman, a Washington or a Bunyan, it is equally arduous. We are sure to encounter rivalries if we come to be of any importance at all. A revelation of this kind awaits every young man who leaves his quiet, sheltered home, to enter the lists and engage in the strifes of men. He will find himself on the edge of the whirlpool of fierce contemplations. He may have been unduly flattered at home. Possessing unusual natural ability, he may have been even first in his native vil-lage. How dwarfed seem his own pitiful accomplishments, when once he has been ushered into the fierce competition of the larger world, in the presence of his more gifted fellows—men of brilliant intellect and high attainment. Holland says : "A young man will not be noticed until he becomes noticeable, and he will not become noticeable until he has done something to prove that he has an absolute value in society." To attain to true greatness one must have confidence in the possibilities that lie before him. The actual is what is, what may be is the possible. The actual and the possible of things are widely separated. They bear not the faintest resemblance to each other. We are too easily satisfied with what we are, and what we have already done. Men are too prone to rest on the actual. Men like Lincoln are the exceptions, but the THE GETTYSBURG MERCURY. 83 actual rail-splitter was the possible president. Probably every man feels that, in a sense, he is not what he ought to be, and what he might have been. He has let slip many opportunities t he has wasted many precious moments, he has listened to many evil suggestions, and can recall many failures. Many men in perfect health have made a miserable failure in life. Such men may well be shamed by the recital of what others have accomplished in illness and even in the very shadow of death- Milton, though blind, wrote "Paradise Lost." Greene wrote his "History of the English People" while suffering with an in-curable disease. We should seek to know, first of all, what our strong points are, and where our greatest power lies; and then seek to de-velop ourselves along those lines. A man can do at least one thing well, and failures come from trying to do some other thing. Never confuse Ambition and Presumption. Ambition, which leads to the greatest success ofttimes, is worthy of all praise; Presumption, which leads a man to try what he is not fitted for, is folly. Many a first-class carpenter, who might have become an architect of renown, has frittered his life away as a third class professional man. Many a poor preacher might have amassed a princely fortune in the business world. The value of discipline is incalculable. We are unable to exercise authority over others before we have conquered our-selves. Why does the educated man have an advantage in the competitions of life? Surely it is not on account of the names, dates, formula, etc., that he learned in school. These slip away from him with rapidity that is surprising. What is it, then, that gives him his powers to rise ? It is training, discipline. He is able to seize mens' problems and master them, because of demands made upon him, in the course of his training, which required a certain grasp and quickness. How many, many men are toiling, hard and earnestly, for a place on the world's honor roll ? How many have elements of greatness in them, and genius, which, unassisted by the things mentioned in the preceding paragraph, have not been devel-oped ? 84 THE GETTYSBURG MERCURY. Let each one of us strive to cultivate in himself qualities, which, if they do not lend immortality to his name, will show our fellowmen that we have not lived in vain, that we have not been mere cumberers of the ground. Let us go forth, then, "to meet the shadowy future without fear and with a manly heart." Let us neglect no opportunity, spare no pains, submit to no discouragement. This done, we may say to Fortune: "Smile and we smile, the lords of many lands ; frown, and we smile, the lords of our own lands ; for man is man, and master of his fate." VESPERS. Dim shadows stretch along the hills, Her first shy note the wood thrush trills, • . In sweet alarm ; The lowing cattle homeward stray ; 'Tis twilight hour—the lingering day Hath lost her charm. Afar chime sweetly vesper bells ; The gathering gloom their anthem swells And peace bestows ; A dreamy echo, faint but fair, O'er evening throws the hush of prayer, Full, calm repose. —HAROU> E. WII^ON, in Wesleyan Lit. A MEMORY. The rustle soft of silk and lace, The fragrant blossoms falling slow, The moon's white light and thy dear face, So many years ago ! Before mine eyes stand now as then, Because I chance to see Our names deep-carved in that old bench Beneath the cherry tree. —1,. v. R. THE GETTYSBURG MERCURY. 85 » , "KITTY." C. B. Gr,ADFEI,TER, '04. f t TT£ ITTY, dear, do you sec that beautiful green valley, **" flecked with white cottages, while beyond, the river, like a .stream of molten silver, flows rapidly on toward the falls ?" inquired Mr. George Wellington, as he turned his gaze from the glimpses of beautiful scenery which presented them-selves from the carriage window, and addressed his wife, who was the only occupant of the vehicle, beside himself. "I'll bet I do! It's high, aint it? It just knocks everything I ever see in the shape of stunnin' scenery! White Mountains can't hold a candle—" There is no telling how much farther the lady would have carried her extravagance of can't phraseology, had she not been suddenly checked by her husband. "Kitty, my dear, I cannot listen to such language as yours, which I assure you is highly improper for a lady or gentleman to make use of. You may be able to appreciate and admire the beauties of nature, yet if you cannot express your thoughts and comparisons in more lady-like and more becoming and elegant language, you had better remain silent. When I first saw you four months ago, and falling in love with your pretty face and comely form, asked you to become my wife, and took you from the humble position of a farmer girl to make you the wife of George Wellington, I had no doubt that with your ex-cellent disposition and willingness to be taught, I should soon be able to eradicate those blemishes of education common among girls of your former position ; and also to give up those "can't terms, " or "slang phrases," which I may say is the only bad habit to which you are addicted," said her husband, firmly, yet kindly. "Well, now, I'm sorry you're so tender-eared, but I can't go dictionary talk. You sail in on big jaw-breakers like a horse> but you see, I never had such schoolin'," she retorted feelingly "It is not the simplicity or plainness of your language o 86 THE GETTYSBURG MERCURY. which I object," he continued, "and I can also overlook your ignorance of the rules of grammar, which you may easily learn ; but I dislike your "slang terms," which mar the effect of nearly every sentence you utter. If you wish, I will illustrate my meaning plainly." "Go in," she exclaimed. " 'Go in' is a phrase which no lady will make use of when it has no reference to the subject of her conversation." "Up a tree, again, am I ?" "Why do you say, 'up a tree ?' It has no meaning as you used it." "I can't see it. You're too minceing. Talk English, I say; go the whole hog." "Will you reflect previous to speaking, Kitty, and be very careful ?" "Yes, I'll put in all I know how." "Why not have said, you would try ?" "That's played out. I'd rather do a thing than be keeping books on a thing I can-not do, try all I can muster. Puttin' on airs is a thing I de-spise," she remarked, more earnestly than grammatically. "You are incorrigible," he returned. "That's so," she re-plied, as if the subject, as well it might, was becoming distaste-ful to her. "Kitty, I have no desire to cause you a moment's pain," he continued, kindly, "but I must request you to use language be-fitting a lady, for if you should utter such phrases as you have made use of since our marriage, and which I have repeatedly requested you to abstain from, to no purpose, it will cause me vast mortification, and I shall feel far from proud to introduce you to my relatives and friends in the city whither we are going, and where I had hoped to bring a mistress who should preside with beauty and refinement in the mansion at 264 N. Centre St., C—, which is being put in readiness to receive us." "Do you want me to put a stopper on my mouth for a whole term ? If you mean so, sail in and say so," she replied, evi-dently with the intention of letting the matter drop, and her husband, who seemed to think it a hopeless case, was also THE GETTYSBURG MERCURY. 87 silent, and the subject was not alluded to again during the journey. ******* * Mr. George Wellington had returned to the city and had brought home a wife, who, while she was very beautiful and graceful, and dressed with taste, could not speak a loud word, in fact, "did not utter a syllable above a whisper." So said the neighbors, who had called upon Mr. Wellington and lady, and as the story was in everybody's mouth, it cer-tainly must be true. The visitors had undertaken to hold conversation with Mrs. Wellington, and although she was not deaf, and could under-stand perfectly all that was said to her, yet she was obliged to answer them by way of her maid, Crete, who first listened to the words of her mistress, uttered in a faint whisper, and then repeated them to the ladies that had called. This method, of course, was not approved by the "fashionable world," or that portion of it which resided in the vicinity of Mr. Wellington's residence, for several reasons. In the first place, it did not please the ladies who conversed with Mrs. Wellington to ad-dress themselves to the servant, in order to reach that lady's ears, for they sometimes forgot that Mrs. Wellington was not deaf, and seemed to speak as well as listen to the words of Crete, who was well educated and conversed with an elegance and purity of diction remarkable for a domestic; and, in the second place, it did not give them an opportunity to draw out family secrets, so as to ascertain Mrs. Wellington's social standing at G— previous to her marriage with the renowned lawyer; for had it been known that she "was nothing but a farmer girl," not of that circle of "aristocratic" ladies who were so profuse in their compliments and good wishes, not one would have ever honored the new wife with their visits. But the lady's anteced-ents were all in the dark, and rumor asserted that she was the "daugher of an English banker," so that all gossip concerning her right of admission to their "set" was soon dispersed. It must be admitted that the strange conduct of his wife, in refusing to speak aloud or to hold any conversation with guests, 88 THE GETTYSBURG MERCURY. save with Crete as "interpreter," was a matter of surprise to Mr. Wellington; but his questionings were all in vain, and threats were useless, as Mrs. Wellington still persisted in "keep-ing mum" as she elegantly expressed it in whispered accent. A few months after, Mr. Wellington was startled and pleased to hear his wife conversing in rather loud and cheerful tones, and by the animated accents he judged that something had at last induced his wife to resume her former tones, and at the same time, he noticed that her language was free from all "slang phrases" and was quite befitting a lady. Unable to ex-plain this sudden change, he entered the parlor and found his wife engaged in lively conversation with a mutual friend. After the visitor had left he quickly asked Mrs. Wellington the reason of her sudden resumption of voice, and also her motive in cor-recting her language, which was the most pleasing circum-stance of the two, he smilingly observed. "Louis," she re-plied, addressing him by his family name, "I will confess all. I knew my use of 'can't phrases' arid 'slang terms' was a habit which was in my power to overcome If it vexed you, it was distressing to myself, and I soon formed a plan for its cure. I sent for an old friend of mine, Crete Martin, to whom I con • fided my plan, and she promised to assist me, for besides in-structing me how to speak and how to avoid loose expressions, she volunteered to become my 'interpreter' to all who called, providing I would remain silent or not speak above a whisper, and to her only. This plan was put into execution, and you, dearest husband, have seen the result." "How can I express my pleasure, oh, dearest of wives?" passionately asked the hus-band. "By forgiving me for the harmless ruse I have made use of to effect my cure of the "lingual disease" and by confessing that you are not sorry that you married the little 'farmer girl,' " replied his wife. The fashionable friends of Mr. and Mrs. Wellington were astonished to hear of the lady's recovery of her voice, but they never heard Kitty Wellington make use of any "slang phrases." THE GETTYSBURG MERCURY. 89 THE ROMAN EMPIRE TAKEN AS A MODEL FOR THE PAPAL EMPIRE. D. MONTFORT MEIXHtOR, '02. T^fANY people are amazed at the greatness of the Catholic A*A Church, wonder at its strength, power and firmness. We all know how amid the strife, contention and turmoil of Protestant Churches the Roman Catholic Church moves on without a ripple to disturb the placid calmness of its govern-ment. The great question with many people is why this should be the case with this one church and not with the rest. A great deal of dissatisfaction is expressed and complaint made about wranglings in the Protestant Churches; and the Papal Empire is upheld as a model and criticism of perfect church manage-ment. It is not that Protestantism is weak, but that Catholi-cism is strong. Rome has been regarded the greatest model of perfect gov-ernment the world has ever known. From 754 B. C. to the fall of the Eastern Empire, in 1452 A. D., Rome or its equiva-lent tried almost all kinds of government imaginable, and not until the time of the Empire did it show its maximum of true strength and irresistable power. In her earlier history when Rome was acknowledged all powerful, and when there were no other formidable powers to oppose her, it was a comparatively small matter to be ruler of the world. But to call itself the mightiest of world powers and then defend that title against the rest of a civilized and strengthened world was another mat-ter. The republic in a comparatively short time failed to at-tain the ideal of strength, owing, at first, to a lack of centrali-zation of power and afterwards to the high-handed measures of the Triumvirate. When Octavianus assumed supreme rulership he had to face the problem of founding the mightiest nation the world had ever seen. And even under him and his immediate successors Rome did not attain its summum of strength and greatness— 9o THE GETTYSBURG MERCURY. at least in firmness of civil organization. It remained for Diocletian and Constantine to establish a sytsem of government the principles of which could well defy all other forms of rule ever attempted. When yet a youth it was prophesied by a Druidess that Diocletian should at some time be emperor, and consequently throughout his early life he always kept this ambitious end in view. When he did ascend the throne, vigorous measures were necessary to get the Empire under his direct control, and ere long the Senate was deprived of its powers, and everything was brought under his immediate control. One writer says, he instituted a variety of forms at court, which precluded access to his throne, and entrusted the care of his palace to the vigilance of eunuchs; required every subject, even the highest rank, to fall prostrate to the ground, and to approach him as a divinity; ordained them to even kiss his feet, and had his shoes for the purpose of this ceremony, em-broidered with gold and studded with precious stones. To quote from Morey, "To exalt the person of the emperor was one of the first objects of the reforms of Diocletian. This prince assumed the diadem of the East, and the approach to his person was rendered difficult by complicated ceremonies. Every means was used to prevent any detraction from the im-perial honor and sanctity." But ere long Diocletian found his throne threatened by pre-tenders, and feeling the need of an assistant, "Diocletian had associated with himself in the government his companion in arms, Maximian ; and under the name of 'Augusti' these two persons had divided between them the Eastern and Western provinces. Each Augustus also chose an associate under the name of 'Caesar.'" Thus all the Roman provinces were grouped into four great territorial divisions. This formed the basis of the provincial system of Constantine, who not only perfected the territorial organization of the empire, but also separated the civil from the military authority. For purposes of civil administration the whole empire was THE GETTYSBURG MERCURY. 91 divided into four great praefccturcs each under its own governor called a Pretorian Praefect. The praefecture was divided into dioceses each under an officer called a Vicar. Each diocese was subdivided into provinces under officers called Presidents or Consulors. Each governor represented in his own dominion the Imperial authority. By the hierarchy of civil officers thus established the government of the Roman territory was reduced to the most systematic organization." This was the key note of the great success of the empire as a civil organization under Diocletian and his successors. Let us now turn to the Papal Empire. In organizing itself the Church followed the model of the Empire, the ecclesiastical divisions conforming to those of the civil administration. In the organization of the Roman Empire we have had at its head the Emperor, who was all supreme, and whose decisions were never questioned; in the Papal Empire we have the Pope, whose commands are regarded as the commands of God; in the Ro-man Empire we had directly under the Emperor 4 Prastorian Prsefects, each ruling over a Prefecture; in the Papal Empire, next in authority to the Pope, are the 4 Cardinals, correspond-ing to the Vicars of the Roman Empire; we have in the Papal Empire the Archbishops; where there were Presidents or Con-sulars in the Roman Empire, there are in the Papal Empire bishops. Thus we notice that the outline of the two great sys-tems is the same. In every respect the Papal Empire modeled itself after the Roman Empire. They went hand in hand for a long time—the one claiming the highest authority in spiritual affairs, the other in temporal affairs. Myers says: "Nor was this advantage lost when misfortune befell the imperial city. Thus the removal by Constantine of the seat of government to the Bosphorus, instead of diminish-ing the power and dignity of the Roman bishops, tended pow-erfully to promote their claims and authority. In the phrase of Dante, 'it gave the shepherd room.' It left the Pontiff the fore-most personage of Rome." Imperial Rome was gone, but the Pope, modeling his rule after that of the abdicated Imperium, placed in its stead Papal Rome. 92 THE GETTYSBURG MERCURY. "If the misfortunes of Rome tended to the enhancement of the reputation and influence of the Roman bishops, much more did the downfall of the Capital tend to the same end. Upon the surrender of the sovereignty of the West into the hands of the Emperor of the East, the bishops of Rome be-came the most important persons in Western Europe, and, be-ing so far removed from the Court at Constantinople, gradually assumed almost imperial powers. They became the arbiters between barbarian chiefs and the Italians, and to them were re-ferred for decision the disputes arising between cities, states and kings. It is easy to see how directly and powerfully these things tended to strengthen the authority and increase the in-fluence of the Roman See." As in the Roman Empire the Emperor was always appealed to as the highest authority in cases of civil strife, so "all cases might be appealed from the courts of the bishops and arch-bishops of the different European countries to the Papal See, which then became the court of last resort in all cases affecting ecclesiastics or concerning religion. The Pope thus came to be regarded as the fountain of justice, and the supreme judge of Christendom, while emperors and kings and all civil magistrates bore the sword simply as his ministers to carry into effect his sentences and decrees." Thus we see that in looking at an outline of the Roman Empire and the Papal Empire they are identical. Easily is it demonstrated that the Papal Empire was modeled directly after the Roman Empire, and that it js through this fact it has at-tained its excellence as a religious institution. "THE man that hath no music in himself, Nor is not moved with concord of sweet sounds, Is fit for treasons, stratagems and spoils ; And his affections, dark as Erebus ; Let no such man be trusted." —SHAKESPEARE. ■ THE GETTYSBURG MERCURY. 93 ALEXANDER HAMILTON. W. W. BAKXEY, '04. g^UR Revolutionary fathers were heroes. The mighty con- ^■^ flict they waged for eight long years was filled with deeds of bravery and loyal sacrifice unparalleled in the history of ancient or modern times. Their struggle was long and hard, but they fought with an unflinching determination to free themselves forever from the stern hand of European tyranny and monarchy. They won; they at last realized the dream of the ages, the overthrow of iron-handed despotism with its host of god born kings and titled nobles. It was the death-blow to all those grinding customs and petty systems which had been the curse of nations for many ages, and the glorious establish-ment of the free and equal rights of all men upon the American Continent. What a victory! what a far-reaching stride along the path of civilization! Ours is the legacy to enjoy and main-tain. Rich and blessed is our heritage, the grandest and most perfect government upon the face of the globe. Esteemed and honored everywhere is the man who proudly bears the name of American. The soldier of seventy-six was pre eminently a destroyer. He touched with the fire-brand all that impeded the natural growth and unrestricted development of his country. He laid the axe at the root of the tree of British sovereignty. Glowing with red-hot indignation at his country's wrong, burning with an eager desire for freedom, he shouldered the musket and went forth to conquer or to die, a sacrifice upon the altar of a country's righteous cause, the bravest of the brave and the truest of the true! His work was destruction. Washington was the greatest destroyer of them all, and with him stood Patrick Henry, who thrilled assemblies crying aloud for "liberty or death;" Thomas Jefferson, mighty with the pen, and the ar-dent Samuel Adams, stirring the heart of anxious New Eng-land. England's grip on her prized colonies was loosed, leaving 94 THE GETTYSBURG MERCURY. them in the full and complete possession of liberty. The wor of destruction was finished. The larger work began the task of the Constitution. The Revolution was ended, but a more haz-ardous war remained, the war for the union and integrity of the States. A temple had to be erected for liberty to dwell in. Our fathers builded and they builded better than they knew. Chief among American builders was Alexander Hamilton. After the lapse of over a hundred years, free from prejudice, envy, and hate, we can look back with national pride upon the colossal grandeur of his character and declare him to be the noblest, the surest, the most profound of all the architects of our government. Next to Washington, he deserves to be classed at the very head of America's greatest statesmen. He was indeed a political giant. His figure stands out in bold out-line above all others. The whole of Europe has proclaimed him to be the ablest jurist and statesman ever produced in America. In thoroughness of scholarship, in extent and depth of knowledge, in profundity of research, in wisdom and judg-ment in application, Hamilton can be equaled by no man ever connected with the conduct of our nation's affairs. After being tried and tested for more than a century of time, the republic stands firmer, steadier, stronger than ever before. Politically, industrially and commercially, Hamilton has helped more than any man to make us what we are, and as the years recede this fact continues to grow clearer and obtains a more complete recognition from the American people. He placed the stamp of his influence and genius upon the character of our institu-tions never to be erased, and out of the greatest crisis which ever befell a country, he brought forth harmony, unity and system. As a boy, Hamilton was precocious and ambitious. Very early in life he showed signs of future greatness. Intense ap-plication of an already fertile mind to all his school and col-lege tasks fitted him for the larger work before him. While yet a mere boy he was grappling with weighty problems of state and government. Almost immediately at the beginning of the Revolution he THE GETTYSBURG MERCURY. 95 became Washington's trusty aid-de-camp. All through those dark and troublous days, which sorely tried the honored gen-eral's soul, Hamilton was constantly by his side to advise and encourage, to write all his official papers and to act as his diplomat in cases which involved mighty and often uncertain issues. Truly he was the war complement of Washington. He solved the most knotty problems. "He interpreted the past, understood the present, and divined the future." Who will say that his sound judgment and keen foresight did not contribute largely to the final outcome of the war? The condition of the country at the close of the Revolution is well known to every student of American history. A hungry, ragged, unpaid army, a ruined national credit, a bank-rupt treasury, a disordered finance, a distracted commerce, thirteen ghastly States, groping about in the darkness like ghastly spectres in a graveyard with nothing to guide them but the despised articles of confederation and a wretched Congress with power to devise but none to enforce. No executive, no judiciary! A nation free but none to guide! "One today; thirteen to-morrow." Oh, the misery and the dilapidated con-dition of the colonies at the end of the Revolution ! Independ-ence, but no union! It was a crisis, terrible and momentous. Not until the wise men of eighty-seven came together in convention was there anything accomplished. Then the Con-stitution was born. Read our history and you will learn that in the work of that assembly, and in the framing of that instru-ment, Hamilton led, and the very skeleton itself of that great Supreme Law is the fruit of wisdom. The convention ad-journed and placed the work of their hands before the bar of the people. They howled, and cried, "Monarchy," "Tyranny," "Aristocracy," "Centralization." The States cried out against the loss of any of their so-called rights. At this juncture Hamilton came forward in the Federalist. He argued, he pleaded, he persuaded, he overcame popular prejudice, and was victorious in the adoption of the Constitution by the States in eighty-nine. Guizot declares, "There is not in the Constitution of the 96 THE GETTYSBURG MERCURY. United States an element of order, of force, of duration which Hamilton has not powerfully contributed to introduce into it and give it predominance." In these words he spoke but the world's sentiment. All remember Hamilton's faithful services at the head of the Treasury Department in Washington's administration. Imagine the chaos and confusion, ruin and disorder, at this stage in our history. Upon this state of affairs he turned the full light of his well-balanced mind and out came plans and schemes, order and system. The debt was cleared away, the national bank established, the nation's credit restored, and the country began to prosper. It was marvelous and astounding! Upon the dead skeleton of a paper constitution he put flesh and blood and nerves, and into it he breathed the breath of life and it be-came a living, working organism. What a miracle! He had tested the machinery of the government and proved it prac-tical. None have paid Hamilton a higher tribute than Web-ster. "He smote the rock of national resources and abundant streams of revenue burst forth; he touched the dead corpse of the public credit and it sprang upon its feet." All that is good in our financial history for a hundred years, and more, can be traced directly to the creative mind of Hamilton; all that is poor and unsteady can be found in violation of the principles outlined in the Hamiltonian policy. Surely this Hamilton was a true, a manly man, a genuine patriot, a powerful statesman, and the glorious benefactor of a nation mighty and respected among the powers of the earth. He stood for an idea, and that idea was a representative de-mocray with strong central powers. He abhored that monster, States' Rights. He said, "Down with the States and up with the nation;" "We the people," and not "We the States." When Daniel Webster uttered that memorable speech in Congress in reply to Hayne, "Liberty and union now and forever, one and inseparable," it was only the reverberation of Hamilton's warn-ing. When Stephen A. Douglas was crying out for Squatter Sovereignty, he did it in violation of the Hamiltonian principle. And when Abraham Lincoln set free four millions of slaves 1 THE GETTYSBURG MERCURY. 97 * with one stroke of the pen, he was only advancing the doctrine laid down by Hamilton fifty years before. The Civil War was Hamilton's war; its victory, his victory. At Gettysburg, he, as well as Meade, led the hosts for the Union ; at Appomattox, he, as well as Grant, received the sword from the grim-visaged Lee. Oh, that his words of warning had been heeded long before they were proved righteous and correct in that disastrous civil feud. Perhaps the war might have been averted. Neces-sary, or not necessary, we ought to thank God for the down-fall of Southern slavery and the maintenance of our country in-tact. April 9, 1865, marks the dying day of States' Rights, and the complete vindication of the government at Washington. The Union still stands, one and inseparable. To-day we can boast of forty-five States and six Territories, solid and compact as the Macedonian Phalanx, stretching from the Atlantic to the Pacific, from the Great Lakes to the Gulf of Mexico, bound together by the unbreakable bonds of like lan-guage, customs, and laws, eighty millions of people welded to-gether in unity with common interests and mutual feelings of love and sympathy. Sectional hatred and bitterness have long since died away. The North and the "South are no more. When the late call came for troops to fight Spain in behalf of her suffering, maltreated subjects, the soldiers of Georgia and Alabama marched side by side with the boys from New Hamp-shire and Vermont, General Joe Wheeler linked arms with General Miles, and all advanced abreast, oblivious of the past, mindful only of the struggle for Cuba's holy cause. Alexander Hamilton has passed away, but the principles for which he strove still live and they will continue to live so long as the United States keeps moving onward and upward in the path of righteousness and sound government. Here was a man of destiny. This republic of ours was his master ideal, this government, the substance of his political thought. His services were distinctly national, and it was the aim of his whole life to harmonize, and solidify, and unify the country. Oh, the strength, the grandeur, the power and might of 98 THE GETTYSBURG MERCURY. America! One to-day, one to-morrow, and may she remain one, firm and steady, until she has fulfilled the whole mission for which God intended her! America, the leader,the civilizer, the Christianizer of the whole world! America, united, "The land of the free and the home of the brave!" THS BELI/. IN the early gray of morning When in dreamland far you stray, Far away from books and lessons And the tasks of every day, You are suddenly awakened, Roused from slumber's drowsy spell By a most unearthly clatter— The unwelcome rising bell. If you're trying hard to scribble Just a line to Jack or Paul, And you think you'll surely finish Ere the postman makes his call; When you're midway in your missive And you've lots of news to tell— Then your roommate shouts, "Oh, Nellie! Eton't you hear the breakfast bell ?" When you're deep in some good story, And the hero of the tale Is involved in awful peril And his plans seem sure to fail; You will hear a sound familiar, An impatient ting-a-ling— At the most absorbing moment, Then the school bell's sure to ring. But when you're in recitation And you know the lesson well, All except the last two pages And you're yearning for the bell From the horrors of a zero Kind deliverance to bring Ere the teacher swoops upon you— Then the bell will never ring. E. H. R. in The College Folio. THE GETTYSBURG MERCURY. 99 "YARNS." FRESHMAN. ^^NE day, this Winter, one of the professors of this institu- ^^ tution agreed to go skating with me. We followed the railroad, which was the nearest way to the pond to which we were going, when we came to a trestle over which we had to pass. This trestle suggested to the professor's mind a story. I will not vouch for its truth, but will say that this and the other stones following were really told. "This trestle," he said, "reminds me of one which I had to cross one time. As I was crossing it I was very much alarmed to find that a train was approaching and was so near that I could not possibly get to the other side of the trestle before the train would overtake me. I had to think very quickly and at once saw that the only thing for me to do was to drop down and hold on the railroad ties with my hands. But it so hap-pened that my one hand was hurt so that I had to hold on only by the other. However, since that was my only possible way of saving my life, I had to drop and hold on until the train had passed." I thought that this was a very good "yarn," but felt that I ought not to be outdone, and so I said: "Well, that may be true, but I had a much more thilling ad-venture one time. It was when I was out in the Rocky Moun-tains. I had come to a very long trestle and was crossing it- It was a bitter cold day and I was hurrying to get to my desti-nation. Nevertheless, I was delayed by an unlooked-for occur rence. A train was rapidly coming on and I was in great peril, for I, like you, could not possibly reach the end of the trestle in time to save myself as you did, for I had in my hands some very valuable packages. Although there was a great deal of water below I felt that in- order to escape the train, which was almost upon me, I would have to jump. You know how your tongue will adhere to iron or steel on a cold day ? Well, as I jumped I thought of this and quickly put out my IOO THE GETTYSBURG MERCURY. tongue. As soon as it touched the bottom of the rail, the rail held it and there I hung, held only by my tongue, until the train had passed. I then put my package on the track and having climbed up, went on my way." This was almost too much for the professor, -but he was ready for me and said: "Why, that was nothing at all. I was once in the same predicament. I was on a trestle, a train was coming, I could not get across and I had four valuable packages in my hands. I saw that I would have to jump and at once did so, but my collar button caught on the lower part of the rail and held me until the train passed when I managed to crawl up to the track." Now, these stories may sound a little "fishy," but when you consider that a professor and I told them, I think you will put a little belief in them. However, they helped to pass the time and made us feel in good enough spirits to enjoy the skating immensely. MEMORIES. THE night creeps on. From off the still gray shore A heavy fog rolls in, and seems to shroud The world about me in a murky cloud. Of darkness, such as ne'er was felt before. In my very soul the shadows pour Their sober gloom; in loneliness low-bowed, My spirit faints before a clinging crowd Of memories—of days that are no more. But hark! A strain of music threads the gloom, And like a ray from heaven doth swift reveal My mother dear, singing that song one night, While summer moon-beams flooded all the room. Ah, once again her loving glance I feel, Sweet benediction—all is peace and light. —MINNIE B. MORRISON. THE GETTYSBURG MERCURY. IOI "THE MILL WILL NEVER GRIND WITH THE WATER THAT IS PAST." LYMAN A. GUSS, '04. ^3^7"HAT is man? Man is two things. First, he is clay ^ * and destined to die. Secondly, he is spirit and des-tined to live. But man is only a singular being and hence must involve these two seemingly separate forms of existence. The first idea associates man with time; the second with eter-nity. Concerning the latter we have no interest so far as material gain and human achievements go. Concerning the former we have the supremest interest, both in regard to worldly advancement and spiritual salvation; for the first stage is but a stepping-stone to the second. To man is granted to know the present and the past, but with reference to the future he may only conjecture. In truth does not even the proverbial saying limit this privilege by proclaiming: "Boast not thyself of to-morrow; for thou knowest not what a day may bring forth." So recasting our former proposition it may be said with equal propriety, The mill will only grind with the water that is present. Man is the mill; the grinding of the mill is his influence and life product; and the water is time. Philosophers would tell us-that there is no present; that there is no mental ground between past and future. They would thereby make time contradict itself. Man acts only in the present, and his work is over as soon as transition from present to past occurs. He has never accomplished anything in the future. The world was made in present time, even in the twinkling of an eye. The God of the universe spoke and the earth was. Every separate act of any kind, simple or complex, contributing perhaps to the completion of some great work is always done in the present—never in the past, never in the future. O Time, defacer of the sculptured stone, Destroyer grim of all things here below— The clay-built cottage and the princely throne By thee are laid, without distinction, low ! 102 THE GETTYSBURG MERCURY. Without a pause thou run'st thy swift career, Within king man does not perceive 'tis so ; He hopes another and another year Till death, unlooked for, strikes the fatal blow. In mail like thine my being ever shall Of Life's bright Present wear its coronal." But let us assume a somewhat broader view; let us consider the present as a day, as a month, or even as a year, and pass unnoticed the record of our acts upon the slate of time until at the end of one of these periods, when a retrospection will reveal the employment of our time, putting on the one side our good deeds, on the other side the bad. Then it is, when an attempt is made to counterbalance these two accounts, that we will comprehend the value of diligence and good works. To-day, this hour, even this minute is the time to act. To-day form your ideals, arouse your ambition, and with all the po-energy of your soul strive to realize them. He who covets success must face obstacles almost unsurmountable, must suffer hardships almost beyond endurance, and must overcome the strongest of opposition with an iron will. Failures are but stepping-stones to greater effort. Let every one have a definite aim, and, having made a firm decision, let him push straight forward to the goal, in order that he may utilize in a profitable manner and to the best of his ability the allotment given him by Father Time, remembering that "Time and tide wait for no man," and that "The mill will never grind with the water that is past." The present is full of opportunities, and there is great advan-tage in alertness. Truly has Longfellow said: "Trust no Future howe'er pleasant! Let the dead Past bury its dead! Act, act in the living Present! Heart within and God o'erhead !" Now is the opportunity given of taking Time by the fore-lock and thereby accruing personal advantage. The idler has never performed any task worth mentioning. Men lacking energy are always destined to fail in Life's battle. Such a per- THE GETTYSBURG MERCURY. I03 son is lost by the wayside while his companions surge on with the mighty throng endeavoring to scale the mountain of suc-cess. He who fails to progress in worldly conquest is but the retracer of his own footsteps, going about in a circle, as it were, whose radius differs in proportion to his ability. Personal advantage is gained only by instant action in event of possibil-ity for advancement. Opportunities great and small, the smaller tending always to greater ones, continually thrust themselves in our pathway, and ours it is but to embrace them and profit thereby. Every moment of youth is precious as gold, and al-most every hour determines one notch in the wheel of our destiny. Great men whose deeds have startled the world and whose lives have become history have been men of quick perception and of instantaneous action. Ancient and modern history fur-nishes many instances. Did Leonidas make his brave stand at Thermopylae except by grim determination and opportune re-sistance? Did Chas. Martel redeem Christianity except by nerves of steel and timely onslaught? Did Napoleon, the greatest soldier of the modern world, change the map of Europe except by realizing the might and strength of his power?—he of whom it is said: "Decision flashed upon his councils and it was the same to decide and to perform." Or did even a Dewey send a fleet to destruction except by his cognition of favorable circumstances? No indeed. Their convictions have been wholly different from those of the man of slow growth, he -who believes in the hand of Fate. They have been convinced of the fact that to do or die is the only policy in a supreme moment. So time rolls by, sealing every minute the fate of many men. How many lives are spent in vain? How many are wasted by degenerate living? On the sands of time are the foot-prints of the many. Echoing through the corridors of time resound the foot-steps of the few. These are the men of sterling worth, who have discovered the secret of human prowess, who have found the key to success, and who have performed their parts on demand. Now let us employ the future but a moment and • 104 THE GETTYSBURG MERCURY. hope that the time is coming when the youth of our land will adopt higher ideals, will more eagerly strive to attain them, and will be incited to greater individual effort thereby; while on the ocean of Life they hear the breezes sighing, "The mill will never grind with the water that is past." EVENTIDE. A GLORY gilds the distant hills, While the western sun sinks into the sea ; The golden light shines out more bright For the gathering shadows on the lea ; And then, as the mellow sunlight dies, The stars shine forth in the darkening skies, When the night is nigh. When joys are done, and the setting sun Of our dearest hopes thus sheds around A glory fair ere dark despair Comes like a cheerless night profound ; As fades the slowly dying light, Lo, stars of promise greet the sight In faith's clear sky, —W. G. in The Roanoke Collegian. TWILIGHT. THERE'S a sweetness in the air When the sun is low, And the sky is flushed and bare When the light winds blow. And the shadows come and go While the night bird calls Across the dewy meadows when the twilight falls. There's a sadness in my heart And the tears fall fast As I muse upon a day dream All too sweet to last; And my thoughts are of the past When the night bird calls Across the dewy meadows when the twilight falls. —B. F. G. in The College Folio. THE GETTYSBURG MERCURY Entered at the Postoffi.ce at Gettysburg as second-class matter VOL. XI GETTYSBURG, PA., MAY, 1902 No. 3 Editor-in-chief H. S. LEWARS, '03 Assistant Editors Exchange Editor Miss MARY WILSON, '04 SAM. P. WEAVER, '04 LYMAN A. GUSS, '04 Business Manager E. CARL MUMFORD, '03 Asst. Business Manager FRED. MASTERS, '04 Advisory Board PROF. J. A. HIMES, LITT.D. PROF. G. D. STAHLEY, M.D. PROF. J. W. RTCHARD, D.D. Published each month, from October to June inclusive, by the joint literary societies of Pennsylvania (Gettysburg) College. Subscription price, one dollar a year in advance; single copies 15 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 Busi-ness Manager. Articles for publication should be addressed to the Editor. Address THE GETTYSBURG MERCURY, GETTYSBURG, PA. EDITORIALS. Who does not love the Spring tide, the SPRING TERM. . , a , . ,,. . time of opening flowers, of budding trees and singing birds ? Surely everyone is glad for this beautiful season, and is happy to bid adieu to cold Winter. Our charm-ing poet, Ghaucer, loved the Spring, and somewhere says: * * "Whan that the month of May Is comen, and ±hat I here the foules singe, And that the flowers ginnen for to springe Farwel my boke and my devocioun." It would seem, when we consider the state of affairs here, that Chaucer is not alone in such sentiments. I do not mean that chapel exercises suffer lack of attendance or recitations a lack of preparation. But this feeling is present and manifests io6 THE GETTYSBURG MERCURY. itself to such an extent that when recitations are over if you want to find a fellow you look for him on the athletic field or in the woods. Now, this is without doubt beneficial, but liter-ary work suffers greatly on this account, and as a consequence, the literary journal must fall somewhat below its usual standard of excellence. Give plenty of time to exercise; it is a good thing, but there ought to be a reflex action from exercise upon work. Give a reasonable amount of time to athletics; the college depends upon it, but don't neglect literary work. ■^ It has been the custom for many years for SENIOR MEMORIAL. each, grad,uat.i.ng cl, ass to l, eave somet.h,.ing as a memorial. Most classes have planted an ivy vine to cling to the walls of the chapel, and every June a few of the mem-bers attending commencement paid it a visit and watered it if it was needed. Often during a hot summer the little vine cried out for water, but the scorching sun was sent instead, and as there was no kind hand to give it relief, it wilted and died. The present Senior class has another plan for its memorial, and instead of adding to the supply of ivy vines has decided to make a new walk leading from South College to the main road. This is a new departure and is one of the most commendable things done by any class for the institution. It has another feature in it, for every member of the class can aid in the work, and they have done so, for the preliminary work is finished. In future years when they visit the institution they will find no small pleasure in the thought that with their own hands they helped to make this walk. Next year when they are gone, the student rushing into the dormitory in the driving rain, will be spared the inconvenience of sinking six inches into the ground at every step, and will speak a benediction upon this thoughtful class. This walk is a fitting memorial for the class. CATALOGUE. The catalogue for this college year is pub-lished. As a whole it speaks improvement. The book itself has a chaste cover, and the printing and half- THE GETTYSBURG MERCURY. I07 tone work reflects great credit upon the printers, Barbehenn & Little. Another elective has been added to the coarse, giving those who care to avail themselves of the opportunity another year in French. Hitherto, only one year was offered in French, and it was spent in the elementary study of the language. Another feature has been added to this department. Inter-national correspondence both in French and German has been arranged for those who care to avail themselves of it. This is very beneficial and &11 should welcome the improvement in the department and hence in the college. K^> EXCHANGES. THE exchanges for last month have arrived very slowly^ A few of them are very creditable, but a great majority have fallen far below their former standard. Lack of space will not permit any further review of them but we have quoted from the most creditable, in the body of the magazine. BOOK REVIEW. Vergil's Aineid. Books I—VI. Harlan Balard. Mifflin & Co., Boston and New York, #1.50. Houghton, It is a most difficult task to give a faithful translation of the works of a famous writer. The style of the original, the strength of diction, the intensity of feeling are often lost. Es-pecially is this true of poetry and on this account very few good translations are extant. In this translation the author has given a faithful rendition of the text. He has preserved the meter of Vergil—-the son-orous heroic hexameter, Those who cannot enjoy the poem in the original will find this an admirable translation. io8 THE GETTYSBURG MERCURY. A sk your bookseller to shewyou these books. Published by Hinds & Nobley New York. Songs of All the Colleges - - - $1.50 Songs of the Eastern Colleges ■ - 1.25 Songs of the Western Colleges ■ - 1.26 New Songs for Glee Clubs - .50 3 Minute Declamations for College Men '" 1.00 3 Minute Readings for College Girls - 1.00 New Pieces for Prize Speaking - - 1.25 Pros and Cons (Complete Debates) - 1.50 Commencement Parts,( Orations, Essays, etc.) 1.50 Established 1867 by Allen Walton. Allen K. Walton, Pres. and Treas. Robt. J. Walton, Superintendent. 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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
Received: 2021-05-17 | Accepted: 2021-07-08 | Available online: 2021-12-31https://doi.org/10.15414/afz.2021.24.04.315-321Milk fat is a source of not only nutritionally valuable but also biologically active ingredients that are involved in various regulatory processes, thus participating in a functioning organism. These compounds have been studied and various beneficial effects on the health and development of the organism have been described. Ingredients such as fatty acids (monounsaturated fatty acids, polyunsaturated fatty acids and conjugated linoleic acid) and phospholipids (glycerophospholipids and sphingolipids) may have a beneficial effect on human health or can prevent various diseases. Some candidate genes that are significantly involved in milk fat metabolisms, such as diacylglycerol O-acyltransferase 1 and stearoyl-CoA desaturase 1, thus contribute to the composition and concentration of the individual components of milk fat. 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