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 HARCOURT, ROBERT (1574?–1631), traveller, born about 1574 at Ellenhall, Staffordshire, was the eldest son of Sir Walter Harcourt of that place and Stanton Harcourt, Oxfordshire, by Dorothy, daughter of William Robinson of Drayton-Bassett, Staffordshire (, Peerage, ed. Brydges, iv. 440). He matriculated at Oxford as a gentleman-commoner of St. Alban Hall on 10 April 1590 (Oxf. Univ. Reg., Oxf. Hist. Soc., . ii. 176), and continued there about three years. On 23 March 1609, accompanied by his brother Michael and a company of adventurers, he sailed for Guiana. On 11 May he arrived in the river Oyapoco (formerly Wiapoco). The natives came on board and were much disappointed at the absence of Sir Walter Raleigh. Harcourt received them courteously and gave them good store of aquavitae. He took possession in the king's name of a tract of land lying between the rivers Amazon and Dollesquebe on 14 Aug., left his brother and most of his company to colonise it, and four days later embarked reluctantly for England. At this time he was involved in a dispute with his brother-in-law, Anthony Fitzherbert, about his claim to the manor of Norbury, Derbyshire (Cal. State Papers, Dom. 1603-10, p. 514). He also appears to have been subjected to persecution on account of his religion. On 8 Nov. 1609 one Robert Campbell obtained a grant of the benefit of his (Harcourt's) recusancy (ib. 1603-10, p. 557). He ultimately obtained letters patent empowering him to plant and inhabit the land at Guiana, but was prevented by a series of misfortunes from visiting it again (dedications of first and second editions of Voyage). The king renewed the grant on 28 Aug. 1613 in favour of Harcourt and his heirs, Sir Thomas Challoner and John Rovenson (Cal. State Papers, Dom. 1611-18, p. 198). To promote the success of the scheme, Harcourt wrote a delightful account of his adventures, entitled 'A Relation of a Voyage to Gviana. Describing the climat, scituation, fertilitie, prouisions, and commodities of that Country. . . . Together with the manners, customes, behauiors, and dispositions of the people,' 4to, London, 1613. A 'corporation of lords and gentlemen' was formed and entrusted the conduct of the enterprise to Roger North. North, notwithstanding the opposition of Gondomar, the Spanish ambassador, transported to Guiana a hundred English settlers. He then obtained on 30 Jan. 1626 a grant for incorporating his own and Harcourt's company with all customary privileges (ib. 1625-6, p. 240). In the following April Harcourt issued a 'Proposal for the formation of a Company of Adventurers to the river Amazon' (ib. 1625-6, p. 302), and an enlarged edition of his book, with the conditions laid down by him for settlers in Guiana. The 'Voyage' is reprinted in pt. iv. of Purchas's 'Pilgrimes,' 1625, and in vol. vi. of the 'Harleian Miscellany,' ed. Park. Latin and German versions appeared in T. de Bry's collection, and a Dutch version in the series edited by P. Vander Aa. Harcourt lost heavily over the speculation, and had to sell Ellenhall as well as his property at Wytham in Berkshire. It is related that when forced to part with more of his domains after the sale of Ellenhall, he let loose a pigeon, saying he would sell the land over which the bird flew. The pigeon circled round the Wytham estate (Harcourt Papers, ed. E. W. Harcourt, i. 103). Harcourt died on 20 May 1631, aged 57, and was buried at Stanton Harcourt. He married, first, Elizabeth, daughter of John Fitzherbert of Norbury, Derbyshire, by whom he had no issue; and secondly, Frances, daughter of Geoffrey Vere, fourth son of John, earl of Oxford, who brought him a family of seven children. Sir Simon Harcourt (1603?–1642) [q. v.] was his eldest son.

 HARCOURT, SIMON (1603?–1642), soldier of fortune and governor of the city of Dublin, was the eldest son of Robert Harcourt [q. v.] and Frances, daughter of Geoffrey Vere, third son of John, earl of Orford. Succeeding to a somewhat embarrassed estate, he endeavoured to mend his fortunes by a military career abroad. At the age of sixteen he served under his uncle, Sir Horace Vere, baron of Tilbury, against the Spaniards in the Low Countries, and was knighted at Whitehall on 26 June 1627. The greater part of his life was spent in Holland in the service of the Prince of Orange, by whom he was highly esteemed. He was also in great favour with Elizabeth of Bohemia, who warmly commended him to Archbishop Laud, when business of a domestic nature (connected probably with the recovery of Stanton Harcourt) obliged him to repair to England in 1636 (Cal. State Papers, Dom. 1635-6, pp. 266, 338). Though holding a commission as sergeant-major from the Prince of Orange, he took an active part in the operations against Scotland in 1639-40, as commander of a regiment of foot (ib. 1639 pp. 56, 127,


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130 Your standards fair in honor furled,

The proudest mother in the world!

Come home! The Land that sent you forth

From East and West, from South and North,

Looks wistfully beyond her gates,

Extends her arms and waits!

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Rh of the stain which attaches to us. We shall recur to this subject, and indicate what in our opinion that alternative ought to be.—Queenslander, May 1, 1880.

WHITE AND BLACK.

to the subject of the treatment of native blacks by outside settlers and the Native Police, we propose now to indicate the manner in which a reform could be effected. Before doing so, however, we must notice the letter of a correspondent who, under the signature of "Never Never," writes to justify the conduct of the whites. The letter is valuable, because the writer, putting his thoughts on paper, in a frank spirit, proves the accuracy of the description we gave of the attitude assumed by the whites towards the blacks. We compared the spirit in which they acted to that which animates men in dealing with the brute creation. Our correspondent, quite unconsciously, illustrates our meaning when he says of the natives, "And being a useless race, what does it matter what they suffer any more than the distinguished philanthropist who writes in this behalf cares for the wounded half-dead pigeon he tortures at his shooting matches." It never seems to strike him, any more than it apparently strikes hundreds of men accustomed to deal with blacks, that the fact that they are men and women and not pigeons should influence their conduct. And this extraordinary obtuseness of the moral sense is fostered by the employment of a force like the Native Police, which is used to hunt down these human beings as if they were dingoes. The bushman who shoots a blackfellow to try the range of his rifle—as was done by members of the early exploring parties who searched Trinity Bay for a road to the Hodgkinson—has little remorse for doing that which the Government maintains and pays a force to do. No wonder our correspondent complains of our "vilification" of the outside settlers when we apply the term murder to such an act as is described above. We recognise the wonderful effect of custom on the moral sense, and we no more expect a bushman, accustomed to "dispersals," to understand the feeling with which the deed is regarded by most civilised men than we look for an expression of' pity from a terrier engaged in torturing a wounded rat. Such men have lost the great lesson of civilisation which teaches us that there is some other law than that of brute force, and that the weakness of any race of our fellow-men does not justify us in dealing with them as the mere caprice of the moment dictates.

However, these generalisations are only useful in so far as they serve to point out to the great bulk of the Queensland colonists the real nature of the system which they, through their Legislature, sanction and uphold. They have not descended to the moral level exemplified in the letter from which we quote, and we have little fear that we shall fail in enlisting their sympathies when we convince them of the reality of the evils which we desire to check. We cannot of course argue first principles over again, and we shall assume that murder, rape, and robbery are crimes whether the victims be black or white. And, that being understood, we must explain further that we entertain no such preposterous idea as that the settlement of the colony is an evil deed which ought to be undone. Nor do we wish to be understood as objecting to the slaying of blacks in defence of the lives or property of settlers. We acknowledge that in many cases the occupation of a tract of country by the white cannot be effected except at the cost of

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 assigned as the working group for this effort. With the Air Force concurring, the ACC encouraged US compliance with all ICAO recommendations except when, among other reasons, the implementation would be detrimental to the national interest. Until November 1949, the Air Force and Navy had individual service representation on the Legal Subcommittee. At that time single military representation became desirable and an assistant general counsel became the Department of Defense (DOD) member on the subcommittee. While formal membership of the military services on the subcommittee ended, they did not cease active participation in the Legal Subcommittee. The importance attached to being an active participant of the ACC isdemonstrated by the effort the military services exerted to maintain an active presence at the ACC. In addition to its departmental or secretarial level (Department of the Air Force) representation on the ACC, the Air Force had a staff liaison officer to the ACC. The Air Force also retainedmembership on the ACC Subcommittees on General ICAO Matters andon the Chicago Convention. In 1952 the Air Force had regained service membership on the Legal Division. However, within the Air Force therewas divisiveness regarding its representation at the ACC. Members of theAir Staff had become restive over not receiving adequate coordination from the ACC on issues of importance to the Air Staff. Officials recounted that the Air Force liaison officer had given up membership on


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 other, the smaller fitting into the larger pretty much as a pill-box fits into its cover. This peculiarity of structure affords ample scope for the growth of the protoplasmic cell-contents, for as the latter increase in volume the siliceous valves are pushed out, and their corresponding siliceous rims become broader. The connecting-bands although closely fitting their respective valves are distinct from them, and together the two bands form the girdle.

An individual diatom is usually described from two aspects, one in which the surface of the valve is exposed to view—the valve view, and one in which the girdle side is exposed—the girdle view. The valves are thin and transparent, convex on the outside, and generally ornamented with a variety of sculptured markings. These sculptures often present the aspect of striae across the face of the valve, and the best lenses have shown them to consist of a series of small cavities within the siliceous wall of the cell. The valves of some of the marine genera exhibit a beautiful areolated structure due to the presence of larger chambers within the siliceous cell-wall. Many diatoms possess thickenings of the cell-wall, visible in the valve view, in the centre of the valve and at each extremity. These thickenings are known as the nodules, and they are generally connected by a long median line, the raphe, which is a cleft in the siliceous valve, extending at least some part of its length.

The protoplasmic contents of this siliceous box-like unicell are very similar to the contents of many other algal cells. There is a living protoplasmic layer or primordial utricle, connected either by two broad bands or by a number of anastomosing threads with a central mass of protoplasm in which the nucleus is embedded. The greater part of the cavity of the cell is occupied by one or several fluid vacuoles. The characteristic brown colour of diatoms is due to the presence of chromatophores embedded in the lining layer of protoplasm. In number and form these chromatophores are variable. They contain chlorophyll, but the green colour is masked by the presence of diatomin, a brown pigment which resembles that which occurs in the Brown Algae or Phaeophyceae. The chromatophores contain a variable number of pyrenoids, colourless proteid bodies of a crystalloidal character.

One of the first phenomena which comes under the notice of the observer is the extraordinary power of motion with which the frustules are endowed. Some species move slowly backwards and forwards in pretty much the same line, but in the case of Bacillaria paradoxa the motion is very rapid, the frustules darting through the water in a zigzag course. To account for this motion various theories have been suggested, none of which appear to be altogether satisfactory. There is little doubt that the movements are connected with the raphe, and in some diatoms there is much evidence to prove that they are due to an exudation of mucilage.

Classification.—The most natural system of classification of the Bacillarieae is the one put forward by Schütt (1896), and since generally followed by systematists. He separates them into two primary divisions, the ‘Centricae’ and the ‘Pennatae.’ The former includes all those diatoms which in the valve view possess a radial symmetry around a central point, and which are destitute of a raphe (or a pseudoraphe). The latter includes those which are zygomorphic or otherwise irregular, and in which the valve view is generally boat-shaped or needle-shaped, with the markings arranged in a sagittal manner on each side of a raphe or pseudoraphe.

Reproduction.—In the Diatomaceae, as well as in the Desmidieae, the ordinary mode of increase is by simple cell-division. The cell-contents within the enclosure of the siliceous case separate into two distinct masses. As these two daughter-masses become more and more developed, the valves of the mother-cell are pushed more and more widely apart. A new siliceous valve is secreted by each of the two masses on the side opposite to the original valve, the new valves being situated within the girdle of the original frustule. When this process has been completed the girdle of the mother frustule gives way, and two distinct frustules are formed, the siliceous valves in each of these new frustules being one of the valves of the mother-cell, and a newly formed valve similar and more or less parallel to it.

During the life of the plant this process of self-division is continued with an almost incredible rapidity. On this subject the observation of Professor William Smith, writing in 1853, is worthy of special notice:—“I have been unable to ascertain the time occupied in a single act of self-division, but supposing it to be completed in twenty-four hours we should have, as the progeny of a single frustule, the amazing number of 1,000,000,000 in a single month, a circumstance which will in some degree explain the sudden, or at least rapid, appearance of these organisms in localities where they were a short time previously either unrecognized or sparingly diffused” (British Diatomaceae, vol. i. p. 25).

Individual diatoms when once produced by cell-division are incapable of any increase in size owing to the rigidity of their siliceous cell-walls, and since the new valves are always formed within the girdle of the old ones, it would follow that every succeeding generation is reduced in size by the thickness of the girdle. In some diatoms, however, this is not strictly true as daughter-cells are sometimes produced of larger size than the parent-cells. Thus, the reduction in size of the individuals is not always proportionate to the number of cell-divisions.

On the diminution in size having reached a limit in any species, the maximum size is regained by the formation of an auxospore. There are five known methods of reproduction by auxospores, but it is unnecessary here to enter into details of these methods. Suffice it to say that a normal auxospore is produced by the conjugation of two parent-cells, its distinguishing feature being a rejuvenescence accompanied by a marked increase in size. These auxospores formed without conjugation are parthenogenetic.

Mode of Preparation.—The Diatomaceae are usually gathered in small bottles, and special care should be taken to collect them as free as possible from extraneous matter. A small portion having been examined under the microscope, should the gathering be thought worthy of preservation, some of the material is boiled in acid for the purpose of cleaning it. The acids usually employed are hydrochloric, nitric or sulphuric, according as circumstances require. When the operator considers that by this process all foreign matter has been eliminated, the residuum is put into a precipitating jar of a conical shape, broader at the bottom than at the top, and covered to the brim with filtered or distilled water. When the diatoms have settled in the bottom of the jar, the supernatant fluid is carefully removed by a syringe or some similar instrument, so that the sediment be not disturbed. The jar is again filled with water, and the process repeated till the acid has been completely removed. It is desirable afterwards to boil the sediment for a short time with supercarbonate of soda, the alkali being removed in the same manner as the acid. A small portion may then be placed with a pipette upon a slip of glass, and, when the moisture has been thoroughly evaporated, the film that remains should be covered with dilute Canada balsam, and, a thin glass cover having been gently laid over the balsam, the preparation should be laid aside for a short time to harden, and then is ready for observation.

General Remarks.—Diatoms are most abundant in cold latitudes, having a general preference for cold water. In the pelagic waters of lakes and of the oceans they are often very abundant, and in the cold waters of the Arctic and Antarctic

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Rh a struggle with the aborigines, and wherever that is the case the shooting of blacks is inevitable. But we maintain that the struggle might be prevented in most cases, and might be diminished in all, if entered upon in a more rational and humane fashion. We assert that the unchecked license indulged in by some of the white settlers, and the systematic barbarities practised by the Native Police intensify the resistance of the blacks into a struggle of absolute despair, and that in the conflict the white man sinks to such a level that he only outshines the black savage by the greater ferocity he displays. And this conduct is as foolish as it is criminal, for the blacks speedily discover the superiority of the whites, and would, if permitted, in most cases be willing enough to submit to their occupation of the country, and careful to avoid meddling with them. But they are goaded to such a state of desperation by the promiscuous massacres perpetrated by the police, and the outrages of some of the settlers, that despair lends them the courage to continue the hopeless war, and they go on spearing cattle and clubbing solitary travellers because they find that they have nothing to hope for by abstaining from such practices. The reform to be effected would be the abandonment of the irrational method we now pursue. For the Native Police we would substitute a force composed mainly of white men, assisted by black trackers. The change is necessary, because one great cause of the atrocities committed by the force is due to the fact that the trained savages who compose it are let loose to gratify their thirst for blood and cruelty in the presence generally of only one white man, who having no European witnesses of his conduct hounds on his men, and often joins in the perpetration of their most revolting cruelties. The tone of our correspondent's letter gives an inkling of how an ordinary white man's conscience may be seared and his nature hardened by familiarity with the scenes of bloodshed in the bush. But it can give no idea of the awful depth of brutality to which even an educated European can descend when engaged in a business which keeps him mainly employed in superintending massacres perpetrated by armed savages on mobs of nearly helpless men and women, away from any control or witness, and free to obey the dictates of the worst passions of human nature. The white police, consisting, of course, of good bushmen, should be employed in country where the blacks and whites are, or are likely to be, in conflict. Their duty should be to repress any outrage by the blacks, and for that purpose they should have the same license that is accorded to any hostile force in time of war; these efforts being directed in the first place to the capture and punishment of offending individuals among the blacks, and, if that prove impossible, the punishment of the guilty tribe. But the officers in command should be compelled to report their operations, and they should rigorously abstain from touching or molesting blacks who are quiet and do not meddle with the whites; and they should be further required to protect the blacks from unnecessary molestation by the whites, and be armed, if necessary, with special powers for the purpose.

Such a force might be more expensive than the present one, but it would cost the country indirectly less, for it would speedily pacify whole districts in which constant and heavy losses are being endured by the settlers. We must leave the explanation of minuter details to another occasion, but we have said enough to indicate the broad nature of the reform we advocate. That its expense will be no bar to

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 the Legal Division to the general counsel of the Air Force. One Air Staff official recommended that an Air Force staff judge advocate be designated as an alternate member to the Legal Division, noting that “Air Force membership on the Legal Division should emanate from the Air Staff.” After some discussion, the Air Staff concluded that members of the judge advocate general (JAG) corps should not have to wait for the initiation of coordination. Instead they should take an active approach and “force” consideration of their concerns on the Air Force general counsel representative to the Legal Division. During the years following the 1944 Chicago Convention, Professor Cooper continued to work and publish on issues associated with sovereignty of airspace and outer space. His works often became the focal points of discussion particularly within the ACC Legal Division. Cooper sought to establish a direct relationship with the Air Coordinating Committee. He wrote Delbert W. Rentzel, chairman, Civil Aeronautics Board, and an ACC member, to inquire whether any ACC attorneys might desire to work under Cooper at the Institute of Air and Space Law opened in September 1952-at McGill University. By 1955 Professor Cooper had concluded that an international convention similar to the Chicago Convention for airspace was needed for outer space. He supported the principle of freedom of passage in and opposed the assertion of national sovereignty over outer space. Undoubtedly, he would have included such in any convention he proposed; however, there is no assurance that the ICAO would have agreed with Cooper or with his definition as to where outer space began. Although Cooper and President Dwight D. Eisenhower agreed as to the goal to be achieved, it is unclear to what extent Eisenhower and others in the United States agreed with the point of delimitation that Cooper proposed. The primary divergence between Cooper’s proposal and the position of Eisenhower was over how the principle would be established. Whereas Cooper proposed that it be by convention; Eisenhower and the Air Force preferred that the law be derived by custom and practice. Eisenhower’s goal had apparently not been shared with or been digested by many military officials in the Air Force. Thus, certain Air Force officers periodically made statements contrary to the freedom of passage principle.


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 Oceans they exist in prodigious numbers. They thus form a large proportion of both the marine and the fresh-water plankton.

Large numbers of fossil diatoms are known. Not only are these minute plants assisting at the present time in the accumulation of oceanic and lake deposits, but in former ages they have been sufficiently active to give rise to considerable deposits of diatomaceous earths. When the plant has fulfilled its natural course the siliceous covering sinks to the bottom of the water in which it had lived, and there forms part of the sediment. When in the process of ages, as it has often happened, the accumulated sediment has been hardened into solid rock, the siliceous frustules of the diatoms remain unaltered, and, if the rock be disintegrated by natural or artificial means, may be removed from the enveloping matrix and subjected to examination under the microscope. The forms found may from their character help in some degree to illustrate the conditions under which the stratum of rock had been originally deposited. These earths are generally of a white or grey colour. Some of them are hard, but most are soft and friable. Many of them are of economic importance, being used as polishing powders (“Tripoli”), as absorbents for nitroglycerin in the manufacture of dynamite (“Kieselguhr”), as a dentifrice, and more recently they have been used to a large extent in the manufacture of non-conducting and sound-proof materials. Most of these diatomaceous earths are associated with rocks of Tertiary formations, although it is generally regarded that the earliest appearance of diatoms is in the Upper Cretaceous (chalk).

Vast deposits of Diatomaceous earths have been discovered in various parts of the world,—some the deposit of fresh, others of salt water. Of these deposits the most remarkable for extent, as well as for the number and beauty of the species contained in it, is that of Richmond, in Virginia, one of the United States of America. It extends for many miles, and is in some places at least 40 ft. deep. It is a remarkable fact that though the generations of a diatom in the space of a few months far exceed in number the generation of man during the period usually assigned to the existence of the race, the fossil genera and species are in most respects to the most minute details identical with the numerous living representatives of their class.

 DIAULOS (from Gr., double, and  , pipe), in architecture, the peristyle round the great court of the palaestra, described by Vitruvius (v. II), which measured two stadia (1200 ft.) in length; on the south side this peristyle had two rows of columns, so that in stormy weather the rain might not be driven into the inner part. The word was also used in ancient Greece for a foot-race of twice the usual length.

 DIAVOLO, FRA (1771–1806), the popular name given to a famous Italian brigand associated with the political revolutions of southern Italy at the time of the French invasion. His real name was Michele Pezza, and he was born of low parentage at Itri; he had committed many murders and robberies in the Terra di Lavoro, but by good luck combined with audacity he always escaped capture, whence his name of Fra Diavolo, popular superstition having invested him with the characters of a monk and a demon, and it seems that at one time he actually was a monk. When the kingdom of Naples was overrun by the French and the Parthenopaean Republic established (1799), Cardinal Ruffo, acting on behalf of the Bourbon king Ferdinand IV., who had fled to Sicily, undertook the reconquest of the country, and for this purpose he raised bands of peasants, gaol-birds, brigands, &c., under the name of Sanfedisti or bande della Santa Fede (“bands of the Holy Faith”). Fra Diavolo was made leader of one of them, and waged untiring war against the French troops, cutting off isolated detachments and murdering stragglers and couriers. Owing to his unrivalled knowledge of the country, he succeeded in interrupting the enemy’s communications between Rome and Naples. But although, like his fellow-brigands under Ruffo, he styled himself “the faithful servant and subject of His Sicilian Majesty,” wore a military uniform and held military rank, and was even created duke of Cassano, his atrocities were worthy of a bandit chief. On one occasion he threw some of his prisoners, men, women and children, over a precipice, and on another he had a party of seventy shot. His excesses while at Albano were such that the Neapolitan general Naselli had him arrested and imprisoned in the castle of St Angelo, but he was liberated soon after. When Joseph Bonaparte was made king of Naples, extraordinary tribunals were established to suppress brigandage, and a price was put on Fra Diavolo’s head. After spreading terror through Calabria, he crossed over to Sicily, where he concerted further attacks on the French. He returned to the mainland at the head of 200 convicts, and committed further excesses in the Terra di Lavoro; but the French troops were everywhere on the alert to capture him and he had to take refuge in the woods of Lenola. For two months he evaded his pursuers, but at length, hungry and ill, he went in disguise to the village of Baronissi, where he was recognized and arrested, tried by an extraordinary tribunal, condemned to death and shot. In his last moments he cursed both the Bourbons and Admiral Sir Sidney Smith for having induced him to engage in this reckless adventure (1806). Although his cruelty was abominable, he was not altogether without generosity, and by his courage and audacity he acquired a certain romantic popularity. His name has gained a world-wide celebrity as the title of a famous opera by Auber.

 DIAZ, NARCISSE VIRGILIO (1808–1876), French painter, was born in Bordeaux of Spanish parents, on the 25th of August 1808. At first a figure-painter who indulged in strong colour, in his later life Diaz became a painter of the forest and a “tone artist” of the first order. He spent much time at Barbizon; and although he is the least exalted of the half-dozen great artists who are usually grouped round that name, he sometimes produced works of the highest quality. At the age of ten Diaz became an orphan, and misfortune dogged his earlier years. His foot was bitten by a reptile in Meudon wood, near Sèvres, where he had been taken to live with some friends of his mother. The bite was badly dressed, and ultimately it cost him his leg. Afterwards his wooden stump became famous. At fifteen he entered the studios at Sèvres, where the decoration of porcelain occupied him; but tiring of the restraint of fixed hours, he took to painting Eastern figures dressed in richly coloured garments. Turks and Oriental scenes attracted him, and many brilliant gems remain of this period. About 1831 Diaz encountered Théodore Rousseau, for whom he entertained a great veneration, although Rousseau was four years his junior; but it was not until ten years later that the remarkable incident took place of Rousseau teaching Diaz to paint trees. At Fontainebleau Diaz found Rousseau painting his wonderful forest pictures, and determined to paint in the same way if possible. Rousseau, then in poor health, worried at home, and embittered against the world, was difficult to approach. Diaz followed him surreptitiously to the forest,—wooden leg not hindering,—and he dodged round after the painter, trying to observe his method of work. After a time Diaz found a way to become friendly with Rousseau, and revealed his anxiety to understand his painting. Rousseau was touched with the passionate words of admiration, and finally taught Diaz all he knew. Diaz exhibited many pictures at the Paris Salon, and was decorated in 1851. During the Franco-German War he went to Brussels. After 1871 he became fashionable, his works gradually rose in the estimation of collectors, and he worked constantly and successfully. In 1876 he caught cold at his son’s grave, and on the 18th of November of that year he died at Mentone, whither he had gone to recruit his health. Diaz’s finest pictures are his forest scenes and storms, and it is on these, and not on his pretty figures, that his fame is likely to rest. There are several fairly good examples of the master in the Louvre, and three small figure pictures in the Wallace collection, Hertford House. Perhaps the most notable of Diaz’s works are “La Fée aux Perles” (1857), in the Louvre; “Sunset in the Forest” (1868); “The Storm,”

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 HANMER, JOHN, afterwards  (1809–1881), poet and politician, born 22 Dec. 1809, was son of Thomas Hanmer, colonel of the royal. Flints militia, who died in 1818, by Arabella Charlotte, daughter of Thomas Skip Dyot Bucknell, esq., M.P., of Hampton Court. He was eighteenth in descent from Sir John de Hanmere, constable of Carnarvon Castle in the time of Edward I. He was educated first at Eton and afterwards at Christ Church, Oxford, where he matriculated on 3 Dec. 1827, but did not proceed to a degree. He succeeded his grandfather, Sir Thomas Hanmer, as third baronet in 1828, was M.P. in the liberal interest for Shrewsbury from 1832 till 1837, for Kingston-upon-Hull from 1841 till 1847, and for the Flint boroughs in six parliaments, from 1847 till 1872. On 24 Sept. 1872 he was raised to the peerage as Baron Hanmer of Hanmer and Flint, both in the county of Flint. Hanmer supported free trade and religious liberty, voted for the total repeal of the corn laws (though his views in this respect were afterwards modified), and advocated the adoption in their place of a 'moderate fixed duty.' He sought to abolish bribery at elections, and declined to stand for Kingston-upon-Hull in 1847 on the failure of full assurance that 'his election should be made in obedience to and in conformity with the law.'

In 1836 Hanmer privately printed 'Poems on various Subjects,' and in 1839 published 'Fra Cipolla and other poems,' containing, besides new matter, many of the shorter pieces previously printed. The title-poem is a translation of the tale of 'Friar Onion,' from the 'Decameron,' and the story of the 'Friar and the Ass' is founded on an old Italian novel; both indicate a keen perception of beauty, and some power of describing it. In 1840 appeared 'Sonnets,' dealing mostly with Italian subjects and scenes, and nearly all of a high level of excellence. In 1872 he printed 'Notes and Papers to serve for a Memorial of the Parish of Hanmer,' subsequently enlarged for private issue in 1877, as 'Memorial of the Family and Parish of Hanmer.' It contains some quaint and interesting information, and in an appendix are added 'Sonnets and Epigrams, with other Rhymes, written long since by John, Lord Hanmer,' many reprinted from the 'Sonnets' of 1840. Hanmer died on 8 March 1881 at Knotley Hall, near Tunbridge Wells, and was buried at Bettisfield, Whitchurch, on the 15th. He married, 3 Sept. 1833, Georgiana, youngest daughter of Sir George Chetwynd of Grendon Hall, Warwickshire; she died on 21 March 1880. On Hanmer's death the peerage became extinct. He was succeeded in the baronetcy by his brother, Major Wyndham Edward Hanmer, of the royal horse guards, father of the present baronet.

 HANMER, JONATHAN (1606–1687), ejected minister, younger son of 'John Hanmer, alias Davie' (who died in April 1628), and Siblye (née Downe) his wife (Barnstaple par. reg.), was born at Barnstaple in Devonshire, and baptised there on 3 Oct. 1606. He was admitted to Emmanuel College, Cambridge, in 1624, and graduated B.A. in 1627, and M.A. in 1631. He was ordained on 23 Nov. 1632; was instituted to the living of Instow, Devonshire, in the same year; afterwards held the vicarage of Bishops Tawton in the same county, and from 1646 to 1662 was lecturer in the church at Barnstaple. He gained a high reputation as a preacher, but declined an invitation to preach before Bishop Hall of Exeter at his triennial visitation (February 1635). In 1646, when Blake, vicar of Barnstaple, was temporarily suspended, a petition was signed by the mayor and other residents of the town to the Devonshire committee of commissioners for the approbation of public preachers, requesting the appointment in Blake's absence of 'Mr. Hughes or Mr. Hanmer.' Dr. Walker (Sufferings of the Clergy, p. 196) speaks without authority of Hanmer as a 'factious lecturer,' who 'encumbered' Blake.

Hanmer was ejected from both vicarage and lectureship on the passing of the Act of Uniformity in 1662, and afterwards, in conjunction with Oliver Peard, founded the first nonconformist congregation in Barnstaple. The Oxford Five-mile Act necessitated frequent changes of abode, and he laboured in London, Bristol, Pinner, and Torrington, as well as Barnstaple. It is not known how long he presided over his newly gathered congregation, with whom, however, he communicated either in person or by letter to the time of his death. Previous to the building of a meeting-house in 1672, near the castle, the congregation met in a private malthouse


text: 1911 Encyclopædia Britannica/Diavolo, Fra


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 138 nature of contract merely, can it, as a contract, be peaceably unmade by less than all the parties who made it? One party to a contract may violate it—break it, so to speak; but does it not require all to lawfully rescind it?

Descending from these general principles, we find the proposition that, in legal contemplation the Union is perpetual confirmed by the history of the Union itself. The Union is much older than the Constitution. It was formed, in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776. It was further matured, and the faith of all the then thirteen States expressly plighted and engaged that it should be perpetual, by the Articles of Confederation in 1778. And, finally, in 1787 one of the declared objects for ordaining and establishing the Constitution was "to form a more perfect Union."

But if the destruction of the Union by one or by a part only of the States be lawfully possible, the Union is less perfect than before the Constitution, having lost the vital element of perpetuity.

It follows from these views that no State upon its own mere motion can lawfully get out of the Union; that resolves and ordinances to that effect are legally void; and that acts of violence, within any State or States, against the authority of the United States, are insurrectionary or revolutionary, according to circumstances.

I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States. Doing this I deem to be


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 1861] only a simple duty on my part; and I shall perform it so far as practicable, unless my rightful masters, the American people, shall withhold the requisite means, or in some authoritative manner direct the contrary. I trust this will not be regarded as a menace, but only as the declared purpose of the Union that it will constitutionally defend and maintain itself.

In doing this there needs to be no bloodshed or violence; and there shall be none, unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the government, and to collect the duties and imposts; but beyond what may be necessary for these objects, there will be no invasion, no using of force against or among the people anywhere. Where hostility to the United States, in any interior locality, shall be so great and universal as to prevent competent resident citizens from holding the Federal offices, there will be no attempt to force obnoxious strangers among the people for that object. While the strict legal right may exist in the government to enforce the exercise of these offices, the attempt to do so would be so irritating, and so nearly impracticable withal, that I deem it better to forego for the time the uses of such offices.

The mails, unless repelled, will continue to be furnished in all parts of the Union. So far as possible, the people everywhere shall have that sense of perfect security which is most favorable to calm thought and reflection. The course here indicated will be followed unless current events and experience shall show a modification or change to be proper, and in every case and


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  [Burton's Dauid's Euidence, 1592, pp. 125 sq.; Collier's Eccles. Hist. (Barham) 1840, vi. 608 sq.; Wallace's Antitrin. Biography, 1850, ii. 364 sq., and references there given; Spears' 'Historical Sketch' in Record of Unitarian Worthies (1877), p. 8.]  HAMPDEN,. [See .]  HAMPDEN, JOHN (1594–1643). statesman, was the eldest son of William Hampden (d. 1597) of Great Hampden, Buckinghamshire,' and of Elizabeth (d. 1664), daughter of Sir Henry Cromwell of Hinchinbrook, Huntingdonshire. If Wood's inferences from the matriculation register of Oxford are to be trusted, he was born in London in 1594 (Athenæ, ed. Bliss, iii. 59). Hampden was educated at Thame grammar school under Richard Bourchier (, History of the Church of Thame, p. 483). He matriculated from Magdalen College, Oxford, on 30 March 1610, and is described in the matriculation register as of London and aged fifteen (, Reg. of the Univ. of Oxford, ii. 309). In 1613 he contributed a copy of verses to the collection entitled 'Lusus Palatini,' published in honour of the marriage of the Princess Elizabeth. In November of the same year he became a member of the Inner Temple (, Members of the Inner Temple, p. 203). Of the amount of knowledge acquired by Hampden at these places of education Sir Philip Warwick speaks very highly: 'He had a great knowledge both in scholarship and in the law. He was very well read in history, and I remember the first time that ever I saw that of Davila of the civil wars in France it was lent me under the title of Mr. Hampden's "Vade-mecum;" and I believe that no copy was liker an original than that rebellion was like ours' (, Memoirs, p. 240).

On 24 June 1619 Hampden married Elizabeth, daughter of Edward Symeon of Pyrton, Oxfordshire, and probably left London and took up his residence at Great Hampden (, ii. 288). Of an ample fortune and an old family, he might have obtained a post at court or a peerage without great difficulty. 'If ever my son will seek for honour,' wrote his mother in 1620, 'tell him to come to court now, for here is multitudes of Lords a making. I am ambitious of my son's honour, which I wish were now conferred upon him that he might not come after so many new creations' (, Life of Hampden, i. 36). From the commencement of the reign of Charles I, however, Hampden associated himself with the opposition to the court both in and out of parliament. He seems to have offered some resistance to the privy-seal loan levied in 1625, though he eventually paid 10l. out of 13l. 6s. 8d., at which he was assessed (Verney Papers, pp. 120, 126, 283). A second forced loan he refused altogether, was summoned to appear before the council on 29 Jan. 1626-1627, and was for nearly a year confined in Hampshire (, i. 428, 473; Cal. State Papers, Dom. 1627-9, p. 31). John Hampden is sometimes confused with his relative, Sir Edmund Hampden, one of the five knights imprisoned for opposing the loan, who tested the legality of their imprisonment by suing for a habeas corpus in the court of king's bench (November 1627;, i. 458). Sir Edmund Hampden died in consequence of his imprisonment, and, according to an obituary notice of John Hampden in the 'Weekly Accompt' for 3-10 July 1643, John Hampden also suffered severely. 'He endured for a long time together close imprisonment in the Gatehouse about the loan money, which endangered his life, and was a very great means so to impair his health that he never after did look like the same man he was before.' It is possible, however, that he is here also confused with Sir Edmund Hampden. A popular story, quoted by all John Hampden's biographers, represents him as answering the demand for the loan by saying 'that he would be content to lend as well as others, but feared to draw upon himself that curse in Magna Charta which should be read twice a year against those who infringe it' (, Life of Hampden, p. 312;, i. 107). This story appears to have been first told in 'Mercurius Aulicus' for 7 April 1644, and the answer is there attributed not to Hampden only, but to Pym, Saye, and others.

Though less prominent inside parliament, Hampden was also active there on the side of the opposition. In the parliament of 1621 he represented the borough of Grampound; in the first three parliaments of Charles I he sat as member for Wendover, which owed the restoration of its right to send members largely to Hampden's efforts (, i. 93; Official Return of Members of Parliament, 1878, pp. 450, 462, 468, 474). From an early date he seems to have enjoyed the confidence of Sir John Eliot, for whose use he drew up in 1626 a paper of considerations on Buckingham's impeachment, which is still preserved at Port Eliot (, Life of Eliot, i. 490). Of the assiduity with which Hampden studied parliamentary law and parliamentary precedents additional proof is afforded by a manuscript volume of parliamentary cases compiled from his notes, and now in the possession of Mrs. Russell of Chequers Court, Buckinghamshire (, Hampden, i. 121). Opposition to the court outside parliament and assiduous


text:
Author:George Stephen West

Works

 * Algae: Volume 1, Myxophyceae, Peridinieae, Bacillarieae, Chlorphyceae (Cambridge Library Collection - Life Sciences. 1916.)
 * (in part)

title: Author:George Stephen West


text: Poems (Coates 1916)/Volume I/To the Returning Brave


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 During the spring of 1956, Cooper met with ACC chairman Louis S. Rothschild. Because of that meeting, Ronald C. Kinsey, secretary of the ACC Legal Division, requested answers to the following questions:  Should the ACC consider and recommend US positions re-outer atmospheric space in relation to sovereignty problems raised by use of present and future rockets and missiles? Could a legal panel be useful? When a US position is determined should there be an international convention? Kinsey noted that in addition to Cooper, Oscar Schachter, C. Wilfred Jenks, and Andrew J. Haley (director and general counsel of the American Rocket Society) had proposed the above questions given that Cooper and others had placed the general subject of outer space sovereignty on the agenda for the Tenth Session of the World Assembly of the ICAO to be held in Caracas, Venezuela, in June 1956. On 7 March 1956 the Legal Division met and considered these questions, With the Air Force representative strongly concurring, the division concluded that “the problems posed by Mr. Cooper’s questions involve extremely important policy as well as legal considerations, Security aspects, and the possible need for a non-traditional type of approach, would make it imperative that the matter be kept  flexible pending further study by the United States.” The ACC Legal Division further concluded that consideration of the issues by an international body was premature and that the United States should consider the important policy problems within its own government prior to endorsing such international action. Finally, the division recommended that the US object to even the study of the matter by an international body as being premature. These recommendations did not sway Cooper and he pressed his position to the point that, in an April press release, the ICAO announced the need for an international agreement on outer space sovereignty. Air Force officials perceived that Cooper was “agitating” for an international convention on outer space. As a result, US government officials became concerned that not


text:
Author:Eugene Henry O'Meara

Works

 * (in part)

title: Author:Eugene Henry O'Meara


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Author:Henry Alexander Miers

Works

 * The soil in relation to health (1893)
 * (in part)

title: Author:Henry Alexander Miers


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Page:Life and Works of Abraham Lincoln, v6.djvu/162

 140 my best discretion will be exercised according to circumstances actually existing, and with a view and a hope of a peaceful solution of the national troubles and the restoration of fraternal sympathies and affections.

That there are persons in one section or another who seek to destroy the Union at all events, and are glad of any pretext to do it, I will neither affirm nor deny; but if there be such, I need address no word to them. To those, however, who really love the Union may I not speak?

Before entering upon so grave a matter as the destruction of our national fabric, with all its benefits, its memories, and its hopes, would it not be wise to ascertain precisely why we do it? Will you hazard so desperate a step while there is any possibility that any portion of the ills you fly from have no real existence? Will you, while the certain ills you fly to are greater than all the real ones you fly from—will you risk the commission of so fearful a mistake?

All profess to be content in the Union if all constitutional rights can be maintained. Is it true, then, that any right, plainly written in the Constitution, has been denied? I think not. Happily the human mind is so constituted that no party can reach to the audacity of doing this. Think, if you can, of a single instance in which a plainly written provision of the Constitution has ever been denied. If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution—certainly would if such a right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly


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 1861] to them by affirmations and negations, guarantees and prohibitions, in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions. Shall fugitives from labor be surrendered by national or by State authority? The Constitution does not expressly say. May Congress prohibit slavery in the Territories? The Constitution does not expressly say. Must Congress protect slavery in the Territories? The Constitution does not expressly say.

From questions of this class spring all our constitutional controversies, and we divide upon them into majorities and minorities. If the minority will not acquiesce, the majority must, or the government must cease. There is no other alternative; for continuing the government is acquiescence on one side or the other.

If a minority in such case will secede rather than acquiesce, they make a precedent which in turn will divide and ruin them; for a minority of their own will secede from them whenever a majority refuses to be controlled by such minority. For instance, why may not any portion of a new confederacy a year or two hence arbitrarily secede again, precisely as portions of the present Union now claim to secede from it? All who cherish disunion sentiments are now being educated to the exact temper of doing this.

Is there such perfect identity of interests among the States to compose a new Union, as to


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 1

Rule 1. Scope and Purpose

These rules govern the procedure in all civil actions and proceedings in the United States district courts, except as stated in Rule 81. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.


text: 1911 Encyclopædia Britannica/Diaz, Narcisse Virgilio


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 142 produce harmony only, and prevent renewed secession?

Plainly, the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it does, of necessity, fly to anarchy or to despotism. Unanimity is impossible; the rule of a minority, as a permanent arrangement, is wholly inadmissible; so that, rejecting the majority principle, anarchy or despotism in some form is all that is left.

I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically


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 and “The Forest of Fontainebleau” (1870) at Leeds. Diaz had no well-known pupils, but Léon Richet followed markedly his methods of tree-painting, and J. F. Millet at one period painted small figures in avowed imitation of Diaz’s then popular subjects.

 DIAZ, PORFIRIO (1830–), president of the republic of Mexico (q.v.), was born in the southern state of Oaxaca, on the 15th of September 1830. His father was an innkeeper in the little capital of that province, and died three years after the birth of Porfirio, leaving a family of seven children. The boy, who had Indian blood in his veins, was educated for the Catholic Church, a body having immense influence in the country at that time and ordering and controlling revolutions by the strength of their filled coffers. Arrived at the age of sixteen Porfirio Diaz threw off the authority of the priests. Fired with enthusiasm by stories told by the revolutionary soldiers continually passing through Oaxaca, and hearing about the war with the United States, a year later he determined to set out for Mexico city and join the National Guard. There being no trains, and he being too poor to ride, he walked the greater part of the 250 m., but arrived there too late, as the treaty of Guadalupe-Hidalgo (1848) had been already signed, and Texas finally ceded to the United States. Thus his entering the army was for the time defeated. Thereupon he returned to his native town and began studying law. He took pupils in order to pay his own fees at the Law Institute, and help his mother. At this time he came under the notice and influence of Don Marcos Pérez and Benito Juárez, the first a judge, the second a governor of the state of Oaxaca, and soon to become famous as the deliverer of Mexico from the priesthood (War of Reform). Diaz continued in his native town until 1854, when, refusing to vote for the dictator, Santa Anna, he was stung by a taunt of cowardice, and hastily pushing his way to the voting place, he recorded his vote in favour of Alvarez and the revolutionists. Orders were given for his arrest, but seizing a rifle and mounting a horse he placed himself at the head of a few revolting peasants, and from that moment became one of the leading spirits in that long struggle for reform, known as the War of Reform, which, under the leadership of Juárez, followed the overthrow of Santa Anna. Promotion succeeded promotion, as Diaz led his troops from victory to victory, amid great privations and difficulties. He was made captain (1856), lieutenant-colonel and colonel (1859), brigadier-general (1861), and general of division for the army (1863). Closely following on civil war, political strife, open rebellion and the great War of Reform, came the French invasion of 1862, and the landing of the emperor Maximilian in 1864. From the moment the French disclosed their intentions of settling in Mexico in 1862, Diaz took a prominent part against the foreign invasion. He was twice seriously wounded, imprisoned on three different occasions, had two hairbreadth escapes, and took part in many daring engagements. So important a personage did he become that both Marshal Bazaine and the emperor Maximilian made overtures to him. At the time of Maximilian’s death (with which Diaz personally had nothing to do) he was carrying on the siege of Mexico city, which ended in the surrender of the town two days after the emperor was shot at Quérétaro between his two leading generals. Diaz at once set to work to pay up arrears due to his soldiers, proclaimed death as the penalty of plunder and theft, and in the few weeks that followed showed his great administrative powers, the officers as well as the rank and file receiving arrears of pay. On the very day that he occupied Mexico city, the great commander of the army of the east, to everyone’s surprise, sent in his resignation. He was, indeed, appointed to the command of the second division of the army by President Juárez in his military reorganization, but Diaz, seeing men who had given great and loyal service to the state dismissed from their positions in the government, and disgusted at this course, retired to the little city of Oaxaca; there he lived, helping in the reorganization of the army but taking no active part in the government until 1871.

On Juárez’ death Lerdo succeeded as president, in 1872. His term of office again brought discord, and when it was known that he was attempting to be re-elected in 1876, the storm broke. Diaz came from retirement, took up the leadership against Lerdo, and after desperate struggles and a daring escape finally made a triumphal entry into Mexico city on the 24th of November 1876, as provisional president, quickly followed by the full presidentship. His term of office marks a prominent change in the history of Mexico; from that date he at once forged ahead with financial and political reform, the scrupulous settlement of all national debts, the welding together of the peoples and tribes (there are 150 different Indian tribes) of his country, the establishment of railroads and telegraphs, and all this in a land which had been upheaved for a century with revolutions and bloodshed, and which had had fifty-two dictators, presidents and rulers in fifty-nine years. In 1880 Diaz was succeeded by Gonzalez, the former minister of war, for four years (owing to the limit of the presidential office), but in 1884 he was unanimously re-elected. The government having set aside the above-mentioned limitation, Diaz was continually re-elected to the presidency. He married twice and had a son and two daughters. His gifted second wife (Carmelita), very popular in Mexico, was many years younger than himself. King Edward VII. made him an honorary grand commander of the Bath in June 1906, in recognition of his wonderful administration as perpetual president for over a quarter of a century.

 DIAZ DE NOVAES, BARTHOLOMEU (fl. 1481–1500), Portuguese explorer, discoverer of the Cape of Good Hope, was probably a kinsman of João Diaz, one of the first Portuguese to round Cape Bojador (1434), and of Diniz Diaz, the discoverer of Cape Verde (1445). In 1478 a Bartholomeu Diaz, probably identical with the discoverer, was exempted from certain customary payments on ivory brought from the Guinea coast. In 1481 he commanded one of the vessels sent by King John II. under Diogo d’Azambuja to the Gold Coast. In 1486 he seems to have been a cavalier of the king’s household, and superintendent of the royal warehouses; on the 10th of October in this year he received an annuity of 6000 reis from King John for “services to come”; and some time after this (probably about July or August 1487, rather than July 1486, the traditional date) he left Lisbon with three ships to carry on the work of African exploration so greatly advanced by Diogo Cão (1482–1486). Passing Cão’s farthest point near Cape Cross (in the modern German South-west Africa and) in 21° 50′ S., he erected a pillar on what is now known as Diaz Point, south of Angra Pequena or Lüderitz Bay, in 26° 38′ S.; of this fragments still exist. From this point (according to De Barros) Diaz ran thirteen days southwards before strong winds, which freshened to dangerous stormy weather, in a comparatively high southern latitude, considerably south of the Cape. When the storm subsided the Portuguese stood east; and failing, after several days’ search, to find land, turned north, and so struck the south coast of Cape Colony at Mossel Bay (Diaz’ Bahia dos Vaqueiros), half way between the Cape of Good Hope and Port Elizabeth (February 3, 1488). Thence they coasted eastward, passing Algoa Bay (Diaz’ Bahia da Roca), erecting pillars (or perhaps wooden crosses), it is said, on one of the islands in this bay and at or near Cape Padrone farther east; of these no traces remain. The officers and men now began to insist on return, and Diaz could only persuade them to go as far as the estuary of the Great Fish River (Diaz’ Rio do Iffante, so named from his colleague, Captain João Iffante). Here, however, half way between Port Elizabeth and East London (and indeed from Cape Padrone), the north-easterly trend of the coast became unmistakable; the way round Africa had been laid open. On his return Diaz perhaps named Cape Agulhas after St Brandan;

title: Page:EB1911 - Volume 08.djvu/189


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 1861] resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.

One section of our country believes slavery is right, and ought to be extended, while the other believes it is wrong, and ought not to be extended. This is the only substantial dispute. The fugitive-slave clause of the Constitution, and the law for the suppression of the foreign slave-trade, are each as well enforced, perhaps, as any law can ever be in a community where the moral sense of the people imperfectly supports the law itself. The great body of the people abide by the dry legal obligation in both cases, and a few break over in each. This, I think, cannot be perfectly cured; and it would be worse in both cases after the separation of the sections than before. The foreign slave-trade, now imperfectly suppressed, would be ultimately revived, without restriction, in one section, while fugitive slaves, now only partially surrendered, would not be surrendered at all by the other.

Physically speaking, we cannot separate. We cannot remove our respective sections from each other, nor build an impassable wall between them. A husband and wife may be divorced, and go out of the presence and beyond the reach of each other; but the different parts of our country cannot do this. They cannot but remain face to face, and intercourse, either amicable or hostile, must continue between them. Is it possible, then, to make that intercourse more advantageous


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 144 or more satisfactory after separation than before? Can aliens make treaties easier than friends can make laws? Can treaties be more faithfully enforced between aliens than laws can among friends? Suppose you go to war, you cannot fight always; and when, after much loss on both sides, and no gain on either, you cease fighting, the identical old questions as to terms of intercourse are again upon you.

This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the National Constitution amended. While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject, to be exercised in either of the modes prescribed in the instrument itself; and I should, under existing circumstances, favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to me the convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions originated by others not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse. I understand a proposed amendment to the Constitution—which amendment, however, I have not seen—has passed Congress, to the effect that the Federal Government shall never interfere with the


text: Category:EB1911:People:Individuals:North America:Mexico


text:
United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 2

Rule 2. One Form of Action

There is one form of action—the civil action.


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 1861] institutions of the States, including that of persons held to service. To avoid misconstruction of what I have said, I depart from my purpose not to speak of particular amendments so far as to say that, holding such a provision to now be implied constitutional law, I have no objection to its being made express and irrevocable.

The chief magistrate derives all his authority from the people, and they have conferred none upon him to fix terms for the separation of the States. The people themselves can do this also if they choose; but the executive, as such, has nothing to do with it. His duty is to administer the present government, as it came to his hands, and to transmit it, unimpaired by him, to his successor.

Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world? In our present differences is either party without faith of being in the right? If the Almighty Ruler of Nations, with his eternal truth and justice, be on your side of the North, or on yours of the South, that truth and that justice will surely prevail by the judgment of this great tribunal of the American people.

By the frame of the government under which we live, this same people have wisely given their public servants but little power for mischief; and have, with equal wisdom, provided for the return of that little to their own hands at very short intervals. While the people retain their virtue and vigilance, no administration, by any extreme of wickedness or folly, can very seriously injure the government in the short space of four years.


text: 1911 Encyclopædia Britannica/Diaz, Porfirio


text:
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title: User talk:117.193.195.104


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Page:Life and Works of Abraham Lincoln, v6.djvu/168

 146 My countrymen, one and all, think calmly and well upon this whole subject. Nothing valuable can be lost by taking time. If there be an object to hurry any of you in hot haste to a step which you would never take deliberately, that object will be frustrated by taking time; but no good object can be frustrated by it. Such of you as are now dissatisfied, still have the old Constitution unimpaired, and, on the sensitive point, the laws of your own framing under it; while the new administration will have no immediate power, if it would, to change either. If it were admitted that you who are dissatisfied hold the right side in the dispute, there still is no single good reason for precipitate action. Intelligence, patriotism, Christianity, and a firm reliance on Him who has never yet forsaken this favored land, are still competent to adjust in the best way all our present difficulty.

In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can have no conflict without being yourselves the aggressors. You have no oath registered in heaven to destroy the government, while I shall have the most solemn one to "preserve, protect, and defend it."

I am loath to close. We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory, stretching from every battle-field and patriot grave to every living heart and hearthstone all over this broad land, will yet swell the chorus of the Union when again touched, as surely they will be, by the better angels of our nature.


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United States Code/Title 28/Appendix/Federal Rules of Civil Procedure/Rule 3

Rule 3. Commencing an Action

A civil action is commenced by filing a complaint with the court.


text: More Celtic Fairy Tales/The Vision of MacConglinney


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Page:Dictionary of National Biography volume 22.djvu/69

Godwin  preached by him before the queen at Greenwich during this year (1566). The winter after her visit to Oxford, Elizabeth promoted Godwin to the deanery of Canterbury. He was sent on a commission to visit the diocese of Norwich, and preached the first of a series of sermons, endowed by Archbishop Parker, in the ‘Greenyard’ at Norwich (June 1567). At Canterbury Godwin had to deal with a turbulent set of canons. Constant complaints were made by them against him to the archbishop, while the dean was at one time obliged to appeal to the justices of the peace, one canon having threatened ‘to nail him to the wall with his sword’ (, Parker, i. 493, 545, 564). He practically rebuilt the deanery after a fire in 1568 (, Fœdera, xvi. 186). In 1573 Parker accused Godwin of breaking the statutes and consuming the cathedral's goods. The dean strenuously denied the charge, and in October 1573 he received the living of Ruckinge in the Canterbury diocese, probably as a proof of the archbishop's forgiveness (, Parker, i. 564). In 1576 he became one of the ecclesiastical commissioners. In September 1584 he was made bishop of Bath and Wells, a see which had been void for three years; Godwin was the second protestant bishop consecrated (Lansdowne MSS. vol. 982, ff. 125, 126). He had been a widower for several years, but was misguided enough to marry a second time, when ‘aged, diseased, and lame of the gout.’ Raleigh had been scheming to get the manor of Banwell from the bishopric on a hundred years' lease. He now told the queen that Godwin had married a girl of twenty for her money. The Earl of Bedford warmly defended Godwin by stating that the bishop's wife was a widow and had a son over forty. Cole gives her name as Margaret, daughter of William Brennan of Wells, first married to the bishop, then to William Martin of Totnes, but Cassan believes him to have purposely transposed the marriages, and Harrington (State of the Church of England, London, 1653, p. 110) calls her a widow, and says the bishop was entrapped into the marriage. The queen, however, took Raleigh's part, and, after sundry sharp messages from her, Godwin, to save Banwell, had to part with another manor; ‘he neither gave Wilscombe for love nor solely for money, but left it for fear’ (ib.) Disgraced, and broken in health, suffering from a quartan ague, the bishop retired to his native air of Oakingham, where he died, aged 73, on 19 Nov. 1590. He was buried in the chancel of Oakingham Church, with an inscription to his memory by his son Francis [q. v.], sub-dean of Exeter, the historian. In person he was ‘tall and comely;’ though he published nothing, he was an eminent scholar; and he was hospitable, mild, and judicious.

[Cassan's Hist. of the Bishops of Bath and Wells, pt. ii. p. 4; Welch's Alumni Westm. p. 8; Godwin's Cat. p. 385, and De Præs. Angl. p. 389; Ep. Bath and Wells, p. 144; Gutch's Hist. and Antiq. of Oxford, vol. ii. pt. i. pp. 156, 157, iii. 438; Hasted's Kent, iv. 590; Lysons's Berkshire, p. 442; Fuller's Worthies, i. 128–9; Le Neve's Fasti, i. 145.]

 GODWIN, THOMAS, D.D. (d. 1642), schoolmaster, was the second son of Anthony Godwin of Wookey in Somersetshire. After a grammar school education he entered Magdalen Hall, 0xford, in 1602, at the early age of fifteen. He proceeded to his degree of B.A. in 1606, and to that of M.A. in 1609. On leaving the university he was appointed chief master of Abingdon school in Berkshire, where he remained for several years. In 1616 he took his degree of B.D., and at this time, as well as some years previously, he is mentioned as chaplain to [q. v.], bishop of Bath and Wells. He then resigned his scholastic work,with which he was exhausted, and obtained from Dr. Montague the rectory of Brightwell in Berkshire. While at Brightwell he further proceeded to his degree of D.D. in 1606. Godwin died on 20 March 1642, and was buried within the chancel of his church, where a monument was erected to his memory by his wife, Philippa Teesdale.

His published works consist of: 1. 'Romanæ Historiæ Anthologia. An English Exposition of the Roman Antiquities, wherein many Roman and English Offices are parallelled, and diverse obscure Phrases explained,' Oxford, 1614, 4to. This work was published for the use of his school at Abingdon. The second edition appeared in 1623 with considerable additions. The sixteenth and last edition was printed at London in 1696. 2. 'Florilegium Phrasicon, or a Survey of the Latin Tongue.' The date of this work is unknown. 3. 'Synopsis Antiquitatum Hebraicarum ad explicationem utriusque Testamenti valde necessaria,' Oxford, 1616, 4to. Dedicated to James Montague, bishop of Bath and Wells, and dean of his majesty's chapel. 4. 'Moses and Aaron. Civil and Ecclesiastical Rites used by the ancient Hebrews observed, and at large opened for the clearing of many obscure Texts throughout the whole Scripture,' London, 1625, 4to. The twelfth edition of this work was published in 1685. It attracted the attention of several distinguished commentators, among whom may be mentioned Dr. David Jennings and the learned Hottinger. 5. 'Three Arguments to prove Election upon


text: The Air Force Role In Developing International Outer Space Law


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Author:Ethel Brilliana Tweedie

Works

 * The Oberammergau Passion Play (1890)
 * A Winter Jaunt to Norway (1894)
 * A Girl's Ride in Iceland (1894)
 * Danish versus English Butter-Making (1895)
 * Wilton, Q.C.; Or, Life In A Highland Shooting-Box (1895)
 * Through Finland in Carts (1897)
 * The First College Open To Women: Queens College, London: Memories and Records of Work Done, 1848-1898 (1898)
 * Mexico as I saw it (1901)
 * Behind The Footlights (1904)
 * Sunny Sicily: Its Rustics and Its Ruins (1904)
 * Porfirio Diaz, Seven Times President of Mexico (1906)
 * Porfirio Diaz: The Maker Of Modern Mexico (1906)
 * Hyde Park, its history and romance 1908
 * Thirteen Years of a Busy Woman's Life (1912)
 * America As I Saw It; Or, America Revisited (1913)
 * Busy Days: A Birthday Book (1913)
 * Women the World Over: A Sketch Both Light and Gay, Perchance Both Dull and Stupid (1914)
 * My Tablecloths: A Few Reminiscences (1916)
 * Mexico: From Diaz To The Kaiser (1917)
 * Women and Soldiers (1918)
 * A Woman On Four Battle-Fronts (1919)
 * Mainly East (In Prose - Perhaps Prosey) (1923)
 * An Adventurous Journey (Russia-Siberia-China) (1926)
 * Cremation the World Around (1932)
 * Manchuria, Japan and China: water colour drawings by Mrs. Alec-Tweedie (1932)
 * Tight Corners of My Adventurous Life (1933)
 * My Legacy Cruise (the Peak Year of My Life) (1936)
 * The Preface to Prescott's History of Mexico (?)

title: Author:Ethel Brilliana Tweedie


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Rh its adoption we feel convinced, if the bulk of the colonists come to realise the nature of the system they now adopt in all its naked horrors. Our correspondent remarks, "Our policy towards the blacks is bad, but it is only the game played all over the world." We deny his statement; but, even if it were so, it would still leave us in a unique position. No other settlers have to deal with a race of savages so thoroughly helpless in face of the white man's weapons as our blacks. The Dutch Boer may deal cruelly with the Kaffirs who surround him, but at least he defies the assegais of a valiant race of barbarians who can wage war with him on something like equal terms. He may be cruel, but at least he is not a coward. There is an irresistible tendency in human nature to regard with a deeper contempt the criminal who takes a cowardly advantage of his victim, than the one who risks his own skin in open conflict. Few readers of Charles Dickens' "Oliver Twist" have not felt that the most contemptible figure in the group of thieves to which they are introduced is the wretched sneak on the "kinchin lay," who confines himself to robbing little children too feeble to resist and too simple to seek for assistance. If we are told that the cruelties practised on our blacks are merely incidents of the struggle carried on with the natives in all parts of the world, we yet plead for a reform. We are at least adding a fresh element of disgrace to the universal horror; for if all the world is practising violent wrong doing, in its dealing with inferior races, we alone have descended to the "kinchin lay" of extermination.—Queenslander, May 8, 1880.

make no apology for returning to the subject of the manner in which the people of this colony deal with its aboriginal inhabitants. We are determined that the public shall understand what they are doing, and that if no attempt is made at a reform the refusal shall come from people who thoroughly comprehend their responsibility. As far as we are able we shall tear away the veil with which those who know what our system is have hitherto kept it covered, and remove the ignorance in which a considerable portion of the public have been content to remain.

In order to let every side of the question be thoroughly ventilated, we have thrown open our columns to correspondence on the subject, and we have put forward a basis for a reform of the police system. For this purpose we have proposed that the police employed to regulate the natives shall consist of white men, accustomed to the bush, assisted by black trackers. Their duties should be to fight the blacks while in a state of open war against the white settlers who occupy the country; to protect them from molestation by the whites when quiet, and to bring to justice the perpetrators of the many fiendish outrages committed by Europeans on helpless and unoffending blacks; and to punish with discriminating rigor injuries committed by the blacks on the settlers. So far we have not entered into details of how the work should be done; we wish first to establish the practicability of organising such a white force. A correspondent who, under the signature of "Never Never," has undertaken to justify the treatment of black human beings as if they were "pigeons," has declared that our plan is not feasible. He alleges—(1) That good bushmen would be unwilling to join such a force, one that has lately been manned by blackfellows; (2) that the idea of using white police for the purpose is "wildly

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text: The Air Force Role In Developing International Outer Space Law/Foreword


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Rh absurd," and that in the generality of districts they could not follow the blacks; (3) that the expense of the force would be enormous, that it would be equal to the nucleus of a standing army, and that it would be ruined by long spells of idleness. There are some subsidiary objections which need not be noticed. The objection that a system compelling officers to report their operations, instead of forbidding them to do so as at present, would lead to disorganisation of the force, was probably a mere slip of the pen. We only propose to apply the regulation in force in every other police, quasi-military, or military body employed in the British dominions, with the sole exception of the Queensland native police.

Taking the objections seriatim, the first one can be speedily answered. The best bushmen in the colony would gladly join such a force as we project, simply because it would be desirable to offer good wages for reliable men—a very few of the right sort would do a great deal of the required work—and the employment would be honorable, and not degrading as at present. The objection that bushmen would not join a force that has been manned by black boys does not apply, because the change we project would practically create a new force. Besides, if it were not so, did our correspondent ever yet hear of a bushman refusing to undertake any kind of bush work simply because it had been previously performed by an aboriginal black boy? The second objection, that the idea of employing a white force is "wildly absurd," is a rather sweeping statement. Mr. William Miles is a very old bushman, and has been one of far wider experience probably than our correspondent, even so far back as 1868. He did no consider such a project, when mooted by Dr. Challinor, "wildly absurd," but approved of it; and the Hon. W. H. Walsh, acquainted with the value both of mangrove scrub and mountains as shelters for wild blacks, emphatically declared that white men were far more effective in punishing blacks than the Native Police. ("Hansard," vol. VI. pp. 949—963.) We are content to place assertion against assertion, adding to it that even by the very lax regulations of the Native Police force the white officers are supposed to accompany their troopers, and that as a matter of fact the country in which the former cannot travel is not penetrated by the latter. The third objection, that the cost of such a force would be enormous, that it would equal the nucleus of a standing army, and that it would be demoralised by too long spells of idleness, is compounded of statements mutually destructive. If the nucleus of a standing army were employed, their numbers would be so greatly in excess of what would be required for the work to be done that they might be demoralised by idleness. But what sane man would suggest the employment of so many? A considerable number would be required in a newly-occupied district, where blacks and whites were in a state of open war, but this would only be for a short time. A very brief experience of the futility of resistance, and the knowledge that while every act of hostility against the whites would be speedily and sternly checked, they would be carefully protected from injury and molestation while peaceable, would speedily make the blacks ready to submit. If only on the assumption that the blacks have as much intelligence as a dog this view must be correct, and as far as we know in every place where such a system has been attempted it has been thoroughly successful. Once this condition was established, a very small force would only be needed to preserve the peace.

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Author:Delbert Ray Terrill

Works

 * The Air Force Role In Developing International Outer Space Law (1999)

title: Author:Delbert Ray Terrill


text: The Air Force Role In Developing International Outer Space Law/About the Author


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Rh But we have no need to depend on theory in this matter; we have the experience of South Australia to rely on. Our neighbours in that colony have kept their hands clean, while ours are foully bestained with blood. They have their reward. In their territory very few white settlers lose their lives or property by attacks from the native blacks; our loss is enormously more heavy than theirs. Yes, but—we shall be told—the South Australians go to great and unnecessary expense in dealing with the aboriginals. That they are unnecessarily punctilious, and go further than we recommend, we are prepared to admit. They employ a white, not a black force, and they transport aboriginal offenders long distances to gaol. But, on turning to the statistics of the two colonies, the one for 1878, the other for 1878-9, the most nearly corresponding periods that we can select, we find that in Queensland the total cost of every description of police was £87,313, and in South Australia only £66,201. And this in spite of the South Australians having a larger white population to regulate, and a larger extent of sparsely occupied bush than ourselves. Evidently, the plan of employing white protectors to deal with the aborigines is not merely more effectual in securing the safety of the settlers, but very much cheaper than our plan. We have shown that the application of the plainest principles of common sense ought to dictate an alteration of our present system; we now adduce the evidence of experience to show how ineffective and costly it is in comparison with a more rational plan. We speak nothing now of humanity. We address this argument mainly to those whose sense of right and wrong has been perverted by familiarity with our diabolical customs.

In conclusion, we shall quote the testimony of the Hon. W. H. Walsh from the "Hansard," to which reference has already been made. It is valuable as that of a thoroughly practical bushman and squatter who has occupied country teeming with the fiercest blacks, and who has had to do it without any police protection at all. What he said then of the southern coast districts will apply now to the country of the north and west. He told the House that he had agitated for the inauguration of the black police system in Queensland, and agitated unceasingly till he got them in his own neighbourhood. And this was his experience as he told Parliament:—"He asserted solemnly that the number of casualties that occurred, and the number of deaths that took place from collisions with the blacks after the native police arrived in the Wide Bay and Burnett districts, exceeded three times what they had been before."—Queenslander, May 29, 1880.

are glad to find that correspondents from different districts are taking part in the discussion we have invited on the relations between the blacks and whites in the colony. At first, of course, we had the class of writers referred to in the letter signed "Pioneer," which appears in this issue; men who dispose of the whole question by rebuking our presumption for writing on a subject with which they are so thoroughly familiar, and of which we know so little! This plan has been successful on previous occasions when the subject was under discussion, and it has been naturally enough adopted this time. But we were not to be so readily silenced; the discussion is passing into its second stage. Men well qualified by their experience to judge their value are now criticising our proposals. We did not, of course, suppose that they would be accepted without cavil, even by those who

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text: The Air Force Role In Developing International Outer Space Law/Acknowledgement