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Scalawag on the Web Sectory 15
Page 07
We saw large families of _ciancias_--beautiful birds with velvety black bodies speckled with white, and fan tails of rich brown colour, feathers of the same colour being also on the outer half of the wings. They possessed slender, most elegant necks, small brown-crested heads, and light yellow chests. Seen at a distance they were not, in shape, unlike pheasants. Twenty or thirty together at a time could be seen playing among the lower branches of the trees along the edge of the river. Then there were small birds of a beautiful metallic blue-black, with very long tails; these latter were innumerable near the water.
In the history of constitutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circumstances of the next reign. The idea of contract certainly pervades the document, but only as the expression of the always existent contract between the suzerain and his vassals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.
The disastrous failure of the expedition of Vasquez de Ayllon to Florida did not discourage attempts on the part of others in the same direction. Velaspuez, governor of Cuba, jealous of the success of Cortez in Mexico, had sent Pamphilo de Narvaez to arrest him. In this attempt Narvaez had been defeated and taken prisoner. Undeterred by this failure he had solicited and received of Charles V. the position of governor over Florida, a territory at that time embracing the whole southern part of what is now the United States, and reaching from Cape Sable to the Panuco, or River of Palms, in Mexico. With three hundred men he, in 1528, landed near Appalachee Bay, and marched inland with the hope of opening a country rich and populous. Bitterly was he disappointed. Swamps and forests, wretched wigwams with their squalid inmates everywhere met his view, but no gold was to be found. Discouraged, he and his followers returned to the coast, where almost superhuman toil and skill enabled them to build five boats, in which they hoped to work westward to the Spanish settlements. Embarking, they stole cautiously along the coast for some distance, but were at last driven by a storm upon an island, perhaps Galveston, perhaps Santa Rosa, where Narvaez and most of his men perished. Four of his followers survived to cross Texas to the Gulf of California and reach the town of San Miguel on the west coast of Mexico. Here they found their countrymen, searching as usual for pearls, gold, and slaves, and by their help they made a speedy return to Spain, heroes of as remarkable an adventure as history records. These unfortunates were the first Europeans to visit New Mexico. Their narrative led to the exploration of that country by Coronado and others, and to the discoveries of Cortez in Lower California.
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