text:
Page:Dictionary of National Biography volume 58.djvu/44

 by Eadmer in translating into Latin ancient manuscripts, of which Leland conjectured that the ‘Life of St. Alban’ was one. He also represents Unwona as accompanying Offa at the invention and translation of St. Alban, but this, says Bishop Stubbs, ‘is fable.’ He died about 800, his successor, Werenbert, being appointed in or before 802.

 UPCOTT, WILLIAM (1779–1845), antiquary and autograph-collector, born in Oxfordshire in 1779, was the natural son of [q. v.] by Delly Wickens, daughter of an Oxford shopkeeper, and was called Upcott after the maiden name of Humphry's mother. His father bequeathed to him his miniatures, pictures, drawings, and engravings, as well as a very extensive correspondence with many leading men, and from him Upcott derived his passion for collecting.

Upcott was bred up as a bookseller; being at first an assistant of R. H. Evans of Pall Mall, and then of John Wright of Piccadilly. While at the latter shop he attracted the attention of Dean Ireland, William Gifford, and the writers in the ‘Anti-Jacobin’ who frequented that establishment, and he witnessed the affray there between Gifford and Dr. Wolcot, assisting afterwards to eject Wolcot (Gent. Mag. 1846, ii. 603). When Porson was made librarian of the London Institution, Upcott was appointed as his assistant (23 April 1806), and he continued in the same position under [q. v.]. Every inch of the walls in his rooms, whether at the London Institution or in his subsequent residence, was ‘covered with paintings, drawings, and prints, most of them by Gainsborough or Humphry;’ all the drawers, shelves, boxes, and cupboards were crammed with his collections. In 1833, while at the London Institution, he was robbed of the whole of his collection of gold and silver coins and some other curiosities, whereupon more than five hundred of the proprietors signed a memorial for his reimbursement from its funds, and 500l. was voted to him. On 30 May 1834 he resigned his office (Cat. of Lond. Instit. Libr. i. p. xxiv).

Upcott spent the rest of his days at 102 Upper Street, Islington. The house in his time was called ‘Autograph Cottage,’ and in imitation of the plan adopted by William Oldys, he fitted up a room with shelves and a hundred receptacles into which he dropped a quantity of cuttings on various subjects (Notes and Queries, 2nd ser. xii. 328). In 1836 he privately printed a brief catalogue of the ‘original letters, manuscripts, and state papers’ which he had been collecting for more than twenty-five years, in the hope that they might be bought for some public institution. One of his greatest finds was the original manuscript of Chatterton's extravaganza ‘Amphitryon,’ which he chanced upon in the shop of a city cheesemonger. This was purchased by the British Museum in 1841 (see art. ; Addit. MSS. 12050).

Upcott died, unmarried, at Islington on 23 Sept. 1845. His portrait was painted by William Behnes, and a private plate engraved by Bragg in March 1818. Another portrait of him, drawn on stone by Miss H. S. Turner, daughter of Dawson Turner, was engraved by Netherclift; it is inserted, with the addition of a facsimile of his signature, in the sale catalogue of his effects at the British Museum; a third portrait, by G. P. Harding, was lithographed by Day and Haghe, and signed by Upcott on 27 March 1837.

Upcott's library, books, manuscripts, prints, and drawings were sold by Sotheby at Evans's auction-rooms, 106 New Bond Street (15 June 1846 and following days), and are said to have realised 4,125l. 17s. 6d.; a large-paper copy of the catalogue, formerly belonging to Dawson Turner, priced, and containing the cancelled title-page, is at the British Museum. He owned about thirty-two thousand letters, illustrated by three thousand portraits, many of which were engraved in C. J. Smith's ‘Historical and Literary Curiosities.’ Many of the autograph letters were bought for the nation, and now form Additional MSS. 15841 to 15957 at the British Museum. These volumes, 116 in number, comprise 15841–54, albums mostly of foreign princes and scholars; 15856, papers of John Nicholas; 15857–8 and 15948–51, Browne and Evelyn papers; 15859–64, Burton's diary (edited by J. T. Rutt); 15865, Curtius letters, 1643–7; 15866–90, Dayrolles correspondence; 15891, letters received by Sir Christopher Hatton; 15892–8, Hyde correspondence (edited by S. W. Singer); 15913, ‘The Snuff-Box,’ a poem by Shenstone; 15918–19, catalogue raisonné of auction catalogues, 1676–1824; 15920, catalogue of his own books; 15921–9, collections on topography of Great Britain in continuation of his printed volumes;


text:
Page:Dictionary of National Biography volume 58.djvu/45

 15930–2, Oxfordshire collections; 15936, Worsley letters, 1714–22; 15937–46, letters of foreign princes and English statesmen; 15947, Prior's papers while at Paris; 15952–15954, papers on the French army in Italy, 1799–1813; 15855 and 15955–7, Anson papers. The sketch-books of Ozias Humphry (Addit. MSS. 15958–69) were purchased by Thomas Rodd at the sale, but were at once resold to the British Museum.

The chief of Upcott's collections which were not acquired by the British Museum consisted of the correspondence of Ralph Thoresby (which was edited by the Rev. Joseph Hunter) and of Emanuel da Costa. A large series of autograph letters from Upcott's stores was purchased by Captain Montagu Montagu, R.N., and left by him at his death on 3 July 1863 to the Bodleian Library (, Annals of Bodl. Libr. p. 299). Many of Humphry's finest works passed at Upcott's death to his friend, C. H. Turner of Godstone, and still belong to his family [see ].

Upcott published in 1818, in three volumes, a ‘Bibliographical Account of the Principal Works relating to English Topography,’ a work of great labour and utility. Unfortunately the compiler's intention of embracing Scotland and Ireland in a future work was never fulfilled, and his book is now to a large extent superseded by the ‘British Topography’ (1881) of Mr. John P. Anderson, who refers in his preface to Upcott's ‘excellent catalogue.’ Upcott revised for the press the first (quarto) edition of ‘Evelyn's Diary,’ brought out by William Bray in 1818, and for the (octavo) edition of 1827 he carefully collated the copy with the original manuscript at Wotton and made numerous corrections. In 1825 he further edited Evelyn's ‘Miscellaneous Writings.’ He reprinted in 1814 Andrew Borde's ‘Boke of the Introduction of Knowledge,’ and in 1819 Edmund Carter's ‘History of the County of Cambridge.’

Southey was indebted to Upcott for the transcript of Sir Thomas Malory's ‘King Arthur’ (1817). Upcott corrected it for the press. He took an active part in the publication of the ‘Garrick Correspondence,’ and in the preparation of the ‘Catalogue of the London Institution,’ and is believed to have aided in compiling the ‘Biographical Dictionary’ of 1816. The Guildhall Library originated in a suggestion by him, and in 1828 he superintended the arrangement of the books in it (, Modern London, p. 162). In a copy of the 1818 edition of Thomas Gray's ‘Poems’ in two volumes, now in the British Museum, Upcott inserted a large number of additional illustrations and of suggestive notes very beautifully written in his own hand.

[Gent. Mag. 1845 ii. 540–1, 1846 i. 473–6 (by A. B. i.e. Dawson Turner); Memoirs of Dodd, Upcott, and Stubbs 1879 (reprinted from Temple Bar, xlvii. 89–104); Notes and Queries, 1st ser. viii. 47, x. 331, 334, xi. 34; Barker's Lit. Anecdotes, 1852, ii. 5, 6.]

UPHAM, EDWARD (1776–1834), bookseller and orientalist, the third son of Charles Upham (1739–1807), mayor of Exeter in 1796, was born at Exeter in 1776. He began life as a bookseller in Exeter; his brother John carried on a similar business in Bath. Upham became a member of the corporation, was sheriff in 1807, and mayor of Exeter in 1809. He retired and published a couple of oriental romances of no great merit, besides two works on Buddhism of more permanent value. One laborious and useful task was the completion of the ‘Index to the Rolls of Parliament, comprising the Petitions, Pleas, and Proceedings of Parliament (A.D. 1278–A.D. 1503),’ commenced by John Strachey and John Pridden [q. v.], and published London, 1832, folio. He was a member of the Royal Asiatic Society, and a fellow of the Society of Antiquaries of London. Towards the end of his life he resided at Dawlish, where he was one of the charity trustees. He died at Bath on 24 Jan. 1834. He married, 25 Aug. 1801, Mary (d. 19 Oct. 1829), daughter of John Hoblyn, vicar of Newton St. Cyres and Padstow.

He wrote: 1. ‘Rameses: an Egyptian Tale, with Historical Notes of the Era of the Pharaohs,’ London, 1824, 3 vols. sm. 8vo (anonymous). 2. ‘Karmath: an Arabian Tale,’ London, 1827, sm. 8vo (anonymous). 3. ‘The History and Doctrine of Buddhism, popularly illustrated with Notices of the Kappooism or Demon Worship, and of the Bali, or Planetary Incantations of Ceylon, with 43 lithographic prints from original Singalese designs,’ London, 1829, folio. 4. ‘History of the Ottoman Empire from its Establishment till the year 1828,’ Edinburgh, 1829, 2 vols. sm. 8vo (Constable's Misc. vols. xl. and xli.). 5. ‘Historical and Descriptive Notices of China and its North-Western Dependencies,’ London, 1832 (from Gent. Mag. October 1832). 6. ‘The Mahávansi, the Rájá-Ratnácari, and the Rájá-vali, forming the Sacred and Historical Books of Ceylon; also a Collection of Tracts illustrative of the Doctrines and Literature of Buddhism, translated from the Singhalese,’ London, 1833, 3 vols. 8vo (edited by Upham).

[Information from Mr. W. U. Reynell-Upham; see also Gent. Mag. 1834, i. 336.]

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Dictionary of National Biography volume 58.djvu/46

Upington UPINGTON, THOMAS (1845–1898), South African statesman, born in 1845, was the son of Samuel Upington (d. 1875) of Lisleigh House, co. Cork, by Mary (Tarrant). Though a Roman catholic, he was made welcome at Trinity College, Dublin, where he was admitted on 11 Oct. 1861, and whence he graduated B.A. in 1865 and M.A. in 1868 (Cat. of Dublin Graduates). He was called to the Irish bar in 1867, and a few years later was made a queen's counsel, having in the interval been appointed secretary to the Irish chancellor, Thomas O'Hagan, baron O'Hagan [q. v.]. In 1874 he settled in Cape Colony, was in 1878 elected to the representative assembly, and in the same year, upon the fall of the Molteno ministry, became attorney-general in (Sir) Gordon Sprigg's administration, and one of the most prominent politicians of the colony, identifying himself to a large extent with Sir Bartle Frere's policy; he resigned in 1881, and became leader of the opposition in the Cape parliament. In August 1883 he was chosen counsel for Patrick O'Donnell, the bricklayer who shot James Carey [q. v.], the informer, on his way to the Cape. He did all that he could to prevent O'Donnell's extradition, and was offered a big fee on condition of his returning to England to defend his client there; but he returned the brief (Critic, 17 Dec. 1898). In 1884 Upington became premier, taking office as attorney-general, with Sir Gordon Sprigg as his treasurer. Vigorous retrenchment had to be combined with such forward movement as the annexation of Walfisch Bay. Froude, who gives a personal description of Upington and his wife, both of whom he liked, interviewed Upington (by the latter's desire) during the term of his ministry, and was impressed by his opposition to Sir Charles Warren's expedition on the ground that it would widen the breach between the English and the Dutch, who were, as a whole, ultimately loyal to British sovereignty as knowing that it would be infinitely less irksome than any other (Oceana, 1886, pp. 65–7). In 1886 Upington resigned the premiership in favour of Sir Gordon Sprigg, but continued in the cabinet as attorney-general down to 1890. He was appointed puisne judge in the supreme court of the Cape in 1892, but resumed the attorney-generalship in succession to Mr. Schreiner in 1896. He was on the commission appointed to inquire into native laws and customs of the colony, and was a delegate at the colonial conference in 1887, when he was made a K.C.M.G. He died at Wyberg, near Capetown, on 10 Dec. 1898. He married, in 1872, Mary, daughter of J. Guerin of Edenhill, co. Cork, and left issue. A village and district in Bechuanaland are named after Upington (South African Gazetteer).

[Times, 12 Dec. 1898; Trinity Coll. Dubl. Matric. Book (per the registrar); Colonial Office List, 1898, p. 480; Walford's County Families, 1898, p. 1045; Wilmot's History of our own Times in South Africa, 1897; The [Cape] Argus Annual, 1896, p. 128.]  UPPER OSSORY,. [See, 1535?-1581.]

UPTON, ARTHUR (1623–1706), Irish presbyterian leader, eldest son of Captain Henry Upton of Castle-Upton (formerly Castle-Norton), co. Antrim, by Mary, daughter of Sir Hugh Clotworthy and sister of Sir John Clotworthy [q. v.], was born at Castle-Upton on 31 May 1623. His father, a Devonshire man, had come into Ireland with Essex in 1599. Upton was a strong presbyterian [see ] and a strong royalist. He refused the ‘engagement,’ and by proclamation of 23 May 1653 was ordered to remove to Munster with other presbyterian landholders. The order came to nothing, and Upton was made a magistrate by Henry Cromwell. After the Restoration he was elected (1661) M.P. for Carrickfergus, and sat in the Irish parliament for forty years; on the disfranchisement of Carrickfergus by James II he was elected M.P. for co. Antrim. He took a very active part on the side of William III. In December 1688 he forwarded to Dublin Castle a copy of an anonymous letter seized at Comber, co. Down, and supposed to reveal a plot for the massacre of protestants. In January 1689 he attended the meeting of protestant gentry at Antrim Castle under his relative, Lord Massereene, was placed on the council of the protestant association for co. Antrim, and appointed to represent it on the supreme council of Ulster. He raised a regiment of foot, and, as its colonel, took part in the disastrous ‘break of Dromore’ (15 March 1689). He was attainted by James's Irish parliament in June 1689. With Patrick Adair [q. v.] and another he was sent to London (November 1689) with a loyal address from Ulster presbyterians to William III. His last public act was the promotion of a petition to the Irish House of Commons (14 March 1705) against the Test Act. He died late in 1706. An anonymous ‘elegy’ on him by James Kirkpatrick [q. v.] was printed at Belfast in 1707, 4to. His funeral sermon, also by Kirkpatrick, is said to have been published, but no copy is known. He married Dorothy, daughter of Michael Beresford of Coleraine, co. Derry,


text:
Page:Dictionary of National Biography volume 58.djvu/47

Upton and had eight sons and ten daughters. He was succeeded in his estates by his fourth son, Clotworthy (b. 6 Jan. 1665, d. 6 June 1725), also M.P. for co. Antrim, who, as a presbyterian elder representing the congregation of Templepatrick, took a leading part on the conservative side in the Ulster non-subscription controversy. His sixth son, John (b. 19 April 1671), was father of Clotworthy Upton, first lord Templetown.

[Lodge's Peerage of Ireland (Archdall), 1789, vii. 157; Kirkpatrick's Loyalty of Presbyterians, 1713, pp. 405, 563; m'Skimin's Hist. of Carrickfergus, 1829, pp. 61, 320, 341; Reid's Hist. Presb. Church in Ireland (Killen), 1867, ii. 187, 515, 553; Disciple (Belfast), 1882, ii. 110, 174, 238.]  UPTON, JAMES (1670–1749), schoolmaster, was born at Winslow, Cheshire, on 10 Dec. 1670. He was educated at Eton, and was elected a fellow of King's College, Cambridge, whence he graduated B.A. in 1697, M.A. in 1701. At the request of John Newborough, the headmaster, he returned to Eton as an assistant master (, Alumni Eton., p. 277).

Before 1711 Upton received the rectory of Brimpton, near Yeovil, and in 1712 the rectory of Monksilver, near Taunton, both from the Sydenham family. In 1724, at the request of Lord Powlett and other gentlemen, he removed from Eton to Ilminster, Somerset, where he took pupils until 1730, when he was appointed headmaster of Taunton grammar school. All his pupils went with him, and he so greatly raised the reputation of the school that it became the largest provincial school in England, having over two hundred boys. In 1731 he received the vicarage of Bishop's Hull, Somerset. He died at Taunton on 13 Aug. 1749. He married Mary, daughter of a Mr. Proctor of Eton, by whom he had issue six sons and two daughters. From his second daughter, Ann, is descended the present Tripp family of Huntspill and Sampford Brett, Somerset.

Upton edited Theodore Goulston or Gulston's ‘Poetics of Aristotle’ (1623), with selected notes, Cambridge, 1696; Dionysius of Halicarnassus, 1702 (reprinted 1728 and 1747); and Ascham's ‘Scholemaster,’ 1711 (reprinted 1743, 1761, and 1815). He published ‘A Selection of Passages from Greek Authors,’ 1726.

His second son, (1707–1760), born at Taunton in 1707, was educated by his father and at Merton College, Oxford, where he matriculated in 1724. In 1728 he was elected fellow of Exeter, graduating B.A. 1730, M.A. 1732. He resigned his fellowship in 1736. In 1732 Lord Powlett gave him the rectory of Seavington with Donnington, Somerset; afterwards Earl Talbot gave him the rectory of Great Rissington, Gloucestershire; on 19 Jan. 1636–7 he was admitted prebendary of Rochester, and he also held the sinecure rectory of Landrillo, Denbigh. He died unmarried at Taunton on 2 Dec. 1760. Among his pupils at Oxford was the critic, [q. v.]. Upton published: 1. An excellent edition of Arrian's ‘Epictetus,’ 1739–41, incorporated in full by Schweighäuser in his edition of 1799. 2. Edition of Spenser's ‘Faerie Queen,’ 1758 (see Fifth Ode and The Observer Observed). 3. ‘Observations on Shakespeare,’ London, 1746 (2nd edit. 1748). The British Museum possesses editions of Aratus's ‘Phænomena,’ of the ‘Greek Anthology,’ and of the ‘Iliad,’ with many manuscript notes by John Upton.

[Misc. Gen. et Her. 2nd ser. iii. 167; Toulmin's Taunton, ed. Savage, p. 203; Boase's Reg. of Exeter Coll. p. 137.]  UPTON, NICHOLAS (1400?–1457), precentor of Salisbury and writer on heraldry and the art of war, born about 1400, is stated (, Irish Peerage, vii. 153) to have been the second son of John Upton of Portlinch, Devonshire, by his wife Elizabeth, daughter of John Barley of Chencombe in the same county. From a collateral branch of the family was descended Arthur Upton [q. v.]. Nicholas was entered as scholar of Winchester in 1408 under the name ‘Helyer alias Upton, Nicholas,’ and was elected fellow of New College, Oxford, in 1415, graduating bachelor of civil law. He was ordained subdeacon on 8 March 1420–1 (, Nov. Rep. p. xlix;, p. 73), but instead of proceeding to higher orders he seems to have entered the service of Thomas de Montacute, fourth earl of Salisbury [q. v.], and fought against the French in Normandy. He also served under William de la Pole, earl of Suffolk [q. v.], and John Talbot (afterwards Earl of Shrewsbury) [q. v.]. He was with Salisbury at Orleans in October-November 1428, when it was relieved by Joan of Arcand Salisbury was killed. Upton was appointed one of the executors of his will (Letters and Papers illustrating the War in France, i. 415–17).

Soon afterwards Humphrey, duke of Gloucester, ‘observing the parts and vertues of Mr. Upton, who at that time was not meanly skilled in both the laws, perswaded him to lay aside the sword and to take up his books again and follow his studies.’ On 6 April 1431 he was admitted to the prebend of Dyme in Wells Cathedral, and before 2 Oct. 1434 was rector of Chedsey,


text:
Page:Title 3 CFR 2000 Compilation.djvu/326

 EO 13180 (b) The ATO shall be composed of those elements of the FAA's Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator's responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.

(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law 106-181), shall head the ATO and shall report directly to the Administrator and be subject to the authority of the Administrator. The COO, in consultation with the Air Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter into an annual performance agreement with the Administrator that sets forth measurable organization and individual goals in key operational areas and describes specific targets and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator's evaluation of the COO's performance in relation to the targets and goals described above.

(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system's safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.

(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.

. Purpose. The FAA's primary mission is to ensure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to enhance that mission and further improve the delivery of air traffic services to the American public by reorganizing the FAA's air traffic services and related offices into a performance-based, results-oriented, organization. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall:

(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;

(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;

(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;

(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;

(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation,


text:
Page:Dictionary of National Biography volume 58.djvu/48

 which he exchanged on that date for the rectory of Stapylford; he was also rector of Farleigh. In 1438 he graduated bachelor of canon law from Broadgates Hall (afterwards Pembroke College), Oxford, and on 11 April 1443 was collated to the prebend of Wildland in St. Paul's Cathedral. He resigned his prebend on his election on 14 May 1446 as precentor of Salisbury Cathedral. In 1452 he went on a mission to Rome to obtain the canonisation of [q. v.], the founder of Salisbury. He reached Rome on 27 June, returning in May 1453 without accomplishing his object. He died in 1457 before 15 July, and was buried in Salisbury Cathedral.

Upton was the author of an elaborate work entitled ‘Libellus de Officio Militari;’ it was dedicated to Humphrey, duke of Gloucester, and was therefore written before 1446. It consists of four parts: (1) ‘De Coloribus in Armis et eorum Nobilitate ac Differentia;’ (2) ‘De Regulis et de Signis;’ (3) ‘De Animalibus et de Avibus in Armis portatis;’ (4) ‘De Militia et eorum [sic] Nobilitate.’ A fifteenth-century manuscript of the work, possibly the original, is Addit. MS. 30946 in the British Museum; a fifteenth-century copy is in Cottonian MS. Nero C. iii.; and later copies are in Harleian MSS. 3504 and 6106, and in Trinity College, Oxford, MS. xxxvi.; extracts from it are contained in Stowe MS. 1047, f. 252, and in Rawlinson MSS. (Bodleian Library) B. 20 and B. 107. The book, largely used by [q. v.], was edited by Sir [q. v.] from Sir Robert Cotton's manuscript, and another belonging to Matthew Hale, both procured for Bysshe by John Selden; it was entitled ‘Nicholai Vptoni de Studio Militari’ (London, 1654, fol.; two copies are in the Brit. Mus. Libr.).

A later (d. 1551), son of John Upton of Lupton, Devonshire, was turcopolier of the knights of St. John, and was killed by sunstroke in July 1551 during a gallant defence of Malta at the head of thirty knights and four hundred volunteers against Dragut, the Turkish admiral. The grandmaster, John d'Omedes, declared his death to be a national loss (, Irish Peerage, vii. 154–5;, Hist. of Knights of St. John, iii. 261; , Knights of Malta, ii. 143; , p. 728; Notes and Queries, 1st ser. viii. 192, ix. 81, xi. 200, 4th ser. iv. 477, 6th ser. xii. passim, 7th ser. i. 118, 171).

URCHARD, THOMAS (1611-1660), author and translator. [See .]

URE, ANDREW (1778–1857), chemist and scientific writer, was born at Glasgow on 18 May 1778. He studied at Glasgow and Edinburgh universities, and graduated M.D. at Glasgow in 1801. In 1804, on the resignation of Dr. [q. v.], he was appointed professor of chemistry and natural philosophy in the Andersonian University, later Anderson's College, Glasgow. In 1809 he took an active part in the foundation of the Glasgow Observatory, and in connection with this work visited London, where he made the acquaintance of [q. v.], Sir [q. v.], [q. v.], and others. He resided at the observatory for some years. About this time he established a course of popular scientific lectures for working men in Glasgow, probably the first of its kind. An official report of M. (later Baron) Charles Dupin on Ure's lectures led to the establishment of similar courses at the École des Arts et Métiers in Paris. In 1818 he published an important series of determinations on the specific gravity of solutions of sulphuric acid of varying strengths. On 10 Dec. 1818 he read a paper before the Glasgow Literary Society on electrical experiments he had made on the murderer Clydsdale after his execution. He suggested, following up the work of [q. v.], that by stimulating the phrenic nerve, the vagus, or the great sympathetic, life might be restored in cases of suffocation from noxious vapours, drowning, &c. His experiments created a considerable sensation. In 1821 he published a ‘Dictionary of Chemistry,’ founded on that of (1753–1815) [q. v.] Ure, in his article on ‘Equivalents,’ shows excellent discernment in dealing with the important chemical theories of the time; he follows the views of Wollaston and Davy rather than those of Dalton as put forward by their author, and adopts Berzelius's notation for the elements, then only just proposed, but adopted universally later. This ‘Dictionary of Chemistry’ attained a fourth edition in 1835, and formed the basis of that of [q. v.] in 1863. It was translated into French by J. Riffault in


text:
Page:Title 3 CFR 2000 Compilation.djvu/327

 327 and commercial space transportation providers, and focus on producing results that satisfy the FAA's external customer needs;

(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;

(g)  establish strong incentives to managers for achieving results; and

(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.

. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Management Advisory Committee shall provide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and supervision of the air traffic control system.

. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effectiveness of the ATO, together with any recommendations for management, fiscal, or legislative changes to enable the organization to achieve its goals.

. Definitions. The term “air traffic control system” has the same meaning as the term defined by section 40102(a)(42) of title 49, United States Code.

. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.

WILLIAM J. CLINTON THE WHITE HOUSE, December 7, 2000.

By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, it is ordered as follows:

. Policy.

It shall be the policy of the Government of the United States that law enforcement may not use protected health information concerning an individual that is discovered during the course of health oversight activities for unrelated civil, administrative, or criminal investigations of a non-health oversight matter, except when the balance of relevant factors weighs clearly in favor of its use. That is, protected health information may not be so used unless the public interest and the need for disclosure clearly outweigh the


text:
Page:The Celtic Review volume 4.djvu/288

 pronounced, and sometimes written, chunna’ (Grammar, p. 118), while MacAlpine gives this sense of the verb as, ‘Chunna or chonnaic mi, I saw or did see; Chunna or Chonnaic thu,' and so on. The final c when kept is at least in most dialects sounded g and the spelling chunnaig is favoured by one or two writers. Thàinig, came, for thàinic, Irish tháinic, etc., Old Irish tánic is treated similarly as to the final syllable. In Arran and Kintyre it is usually thàini in all positions; in Perthshire thàin, and sometimes thàine, are heard. Mary Macpherson has thàin’ (p. 37). Those shortened forms are heard in replies to questions as well as when followed by their subject; e.g. Am fac thu e?—Chunna or Chunn’ (Perth); Thannai or Thanna (Arran).

In Donegal tháine tu, you came, tháini se, he came, occur.

On the other hand the termination ig or aig has been added to the words chual or chuala, heard, and faca or fac, saw, in Jura, North Argyll, and part of West Ross; thus, An cuala tu e?—Chualaig. Did you hear him ?—I did; Am faca tu e ?—Cha’n fhacaig. Did you see him ?—I did not.

When the vowel following Mac in a surname is slender its influence makes c slender in Arran in two or three instances, as Maie Eamailinn, Englished Bannatyne, Maic Ionmhuinn, Englished Love, and Maic Eanain, local Gaelic for Mackinnon.

In Argyllshire English Mac, it may be remarked, is sometimes pronounced Mag e.g. in MagLeod MagLachlan.

ch broad

In initial position broad ch, as has been noticed, has become th, i.e. h in certain districts in chunnaic: in Manx this word is honnick, and in Donegal Irish thannaic. Chugam, to me, chugad, to you, etc., and the negative cha, have th almost universally for ch; thugam, thugad, etc., indeed are sometimes written. The preposition chun or chon, too, is often thun, and occurs even as un in Skye and Perth, but is ghon in West Ross, e.g. Tha e a’dol ghon a’bhaile, he is going to the town. Chaidh, went, is in Arran thai, in Manx, hie. Cha, not, it


text:
Page:A book of the Cevennes (-1907-).djvu/27

Rh chain of the Boutières, composed of granite and gneiss, and they are the least interesting portion of the series. Few of the summits surpass 3,600 feet, but they throw out a spur that is a supreme effort, the Mont Pilat, 4,700 feet; precisely as the Pyrenees, before expiring in the east, have projected to the north-east, and tossed aloft the noble pyramid of the Canigou. The Boutières attach themselves at their southern extremity to Mézenc, the loftiest peak of the Cevennes, 5,750 feet. So also does the chain of the Mégal, separated from the Boutières by the valley of the Lignon. Seen from Le Puy, this ridge is fine, broken into peaks. The Mégal itself attains to the height of 4,345 feet. This cone formerly belched forth a torrent of lava reaching to a thickness of 450 feet, and extending to a distance of fifty miles by eight miles wide.

From the volcanic nucleus of Mézenc branches southeast the chain of the Coiron, volcanic as well, stretching to the Rhone, where its last deposits of lava are crowned by the ruins of Rochemaure. The geologist Cordier, who had travelled in Auvergne, Italy, Syria, and Egypt, declared that he had never seen a volcanic region comparable to the Coiron. This chain is of special interest to the geologist, and is full of surprises to the ordinary traveller, for the lava bed caps the mountains, composed of friable limestone, that once formed a great calcareous plain. The Rhone has lowered its bed a thousand feet since the liquid stone flowed, and torrents have cut through lava and limestone, fashioning deep and even broad valleys. Next, the weather ate into the flanks where the stone was soft, undermined the basalt, that came down for lack of support in huge masses.


text: Dictionary of National Biography, 1885-1900/Baker, David


text: Dictionary of National Biography, 1885-1900/Baker, David Bristow


text:
Page:A book of the Cevennes (-1907-).djvu/28

8 Not only so, but man from the remotest period has burrowed into the rock to form habitations for himself. Near S. Jean-le-Centenier are the Balmes de Montbrul, a volcanic crater 300 feet in diameter and 480 feet deep. Men have scooped out rudimentary dwelling places in the sides in fifteen to twenty stages, one above another; a chapel and a prison were among these excavations. A troglodyte family lived in one of these caves at the end of the eighteenth century.

The mountains of the Vivarais are the finest portion of the Cevennes, so noble are their outlines, so deep are the clefts that seam them, so tumbled is the aspect of range heaped on range; and they are supremely interesting on account of the volcanic vents that remain in good preservation, and the wondrous walls of prismatic basalt that line the rivers.

The Ardèche is certainly the most extraordinary river in Europe; after leaping, and burrowing, and sawing its way through basalt, it passes down a cleft of lias disposed in beds completely horizontal, and rising like the walls of houses. In fact, it traverses a long white street, many miles in length, and then enters the great ravine between lofty precipices of Dolomitic limestone, where runs no road, and where one must descend in a boat, shooting rapid after rapid in the midst of scenery only rivalled by the noted gorges of the Tarn.

It is not necessary to do more than indicate the general aspect of this portion of the Cevennes, to give an outline that may be filled in with details later on.

But before quitting this department, I must quote some words of Mr. Hammerton, no mean judge of landscape:—

"The department of Ardèche on the right bank of the


text: Dictionary of National Biography, 1885-1900/Baker, David Erskine


text:
Page:A short guide to Syria (1943).djvu/23

 not contain letters for some of the sounds you will hear, but it will give you enough to get by on, both listening and speaking.

Here are a few simple rules to help you:

1. Accents. You know what the accented syllable of a word is, of course. It is the syllable which is spoken louder than the other syllables in the same word. We will show accented (loud) syllables in capital letters and unaccented syllables in small letters.

2. Vowels. These are the kind of sounds we represent in English by a, e, i, o, u, ah, ay, ei, oi, etc. Just follow the key below and you will have no trouble.

3. Consonants. The consonants are all the sounds that are not vowels. Pronounce them just as you know them in English. All consonants should be pronounced. Never "slight" them. Here are some special consonant sounds to learn:

42


text:
Page:A short guide to Syria (1943).djvu/24

{|
 * sh||is like the sh in show.
 * (')||is to be pronounced like a slight cough. listen carefully for it on the records. Whenever it is indicated, pronounce it clearly, but do not pronounce it even accidentally where it is not indicated, or you will be misunderstood.
 * s||is always pronounced like the s in hiss.
 * }
 * s||is always pronounced like the s in hiss.
 * }
 * }
 * }

Translation—HELP IS FROM GOD AND VICTORY IS NEAR LIST OF MOST USEFUL WORDS AND PHRASES

HERE is a list of the most useful words and phrases you will need in Arabic. You should learn these by heart. They are the words and phrases included on the Arabic language records, and appear here in the order they occur on the records.

Greetings and General Phrases

English—Simplified Arabic Spelling

Good day—na-HAA-rak sa-'EED

Good evening—MA-sal KHAYR

Sir—ya SEE-di

Madam—ya SIT

Miss—AA-ni-sa Please (to a man)—min-FUHD-lak

Please (to a woman)—min-FUHD-lik Please (to more than one person)—min-FUHD-il-kum

Excuse me (to a man)—u'-ZUR-ni

Excuse me (to a woman) —u'-zur-EE-ni

Excuse me (to more than one person)—u'-zur-OO-ni

Thank you (to a man)—KAT-tar KHAYR-ak Thank you (to a woman)—KAT-tar KHAYR-ik Thank you (to more than one person)—KAT-tar KHAYR-kum

Yes—NAH-'am No—LAA' Do you understand me—tif-HAM-ni

I don't understand—A-na mish FAA-him

Please speak slowly—min FUHD-lak, Ih-ki SHWAI SHWAI


text:
Page:A short guide to Syria (1943).djvu/25

 Turn r i g h l— DOOR lil-ya MEEN Turn left— DOOR lish-MAAL Lo cation Where is WAYN 'I 1C railroad station — WAYN a restaurant— WAYN H- ii-ma-HAT-ta UAT-'em a toilet— WAYN BAYT 3- a hotel— WAYN il-O-TAYL MAI Direction! Straight ahead — DUGH-ri Please point — min FUHD-lak. far-ZHEE-ni Distances are given in kilometers, not miles. One kilometer equals % of a mile. Kilometers — ^ee-h-imt-RAAT Numbers One — WAA-hid Vaw—AR-ia-'a Two— it-NAYN Five— KHAM-si Three— TLAA-li But when you use the numbers with other words notice what happens: One kilometer — foe-lo-MI-tir Four kilometers — AR-ba' k.ee-lo- mit-RAAT Five kilometers — KHAMS k*e- WAA-hid For two kilometers you say "couple of kilometers" all in one word. Two kilometers — ^te-lo-mit- RAYN Three kilometers — TLAAT k™- h- nut -R A AT So -m it -R A AT Six— SIT-ti Seven—SAB-'a Eight— TMAA-m Nine— T/S-'a •Xcn—ASH-ra But notice again: Six kilometers — SIT fye-h-mil- RAAT Seven kilometers — SA-bi' fyce- lo-mit-RAAT Eight kilometers — ta-MAAN fcee-to- mit-RA AT Nine kilometers — Tl-si' ^ee-lo- mit-RAAT Ten kilometers — 'A-shar t(re-lo- mil-RAAT From eleven on, the same form of the number you use in. counting is used with the simple form of the word as follows: Eleven kilometers — ih-DA'SH fee-lo-!f-)ir Twelve kilometers — it-NA 'SH fce-lo-MI-fir Thirteen kilometers — tlat-TA 'SH kee-io-Ml-tir Fourteen kilometers — ar-ba'- TA'SH k."-lo-m-tir Fifteen kilometers — liha-mii- TA'SH fye-lo-Ml-br Sixteen kilometers — sil-TA'SH kee-io-MI'tir Seventeen kilometers — sa-bi'- TA'SH ke'-to-Ml-tir Eighteen kilometers — tmen- TA'SH et-lo-Ml-tir Nineteen kilometers — ti-si'- TA'SH kee-lo-MI-tir Twenty kilometers— 'ish-REEN kee-lo-MI-tir For "twenty-one," "thirty- two," and so forth, you ado! the simple form of the numbers to the words for "twenty" and "thirty" just as we sometimes say "one and twenty," thus; Twenty-one kilometers — WAA- hid ti-'ish-REEN l(ec-lo-MI-tir Thirty kilometers — tfa-TEEN kee-to-Ml-tir Thirty-two kilometer s — it- NAYN u-tla-TEEN bc-lo- M!-/ir Forty kilometers — ar-ba-'EEN bee-h-Ml-tir Fifty kilometers— { ham- SEEN kjce-lo-Ml-tir One hundred kilometers— Ml-yi kec-lo-Ml-tir But for 200 you would say "couple of hundreds" all in the same word: Two hundred— MEE-T.AYN


text:
Page:A short guide to Syria (1943).djvu/26

 Two hundred kilometers— MEE- T.IYN l^cc-lo-MI-lii- For 250 you say "couple o£ hundreds and fifty": kilometers— MEE-TAYN «■ tygm -SEEN ipe-h-Ml-tir For 255 you would say "cou- ple hundreds, five and fifty": kilometers— MEE-TAYN w lihanu n-kham-SEEN {er-h- Mi-rir But for 555 you would say "five hundred and five and fifty": kilometers — khams M!-yi 11- khamt u-kham-SEEN eeAo- W-tir 1 kilomcLers— rlf fae-lo-Ml- tir What is— SHOO, AYSH this — HAA-ia What's this— SHOO HAA-da or AYSH HAA-da I want— BID-di cigarettes— B/ZMt sa-GAA- yir to eat— BID-di 0-4"' Foods Bread — KJtV-biz FruH—FWAA-kf Watet-7-MAl t—BAYD Steak— STAYK Meat — LA-him Potatoes — ba-TAH'Ua Rice — ruz Beans (navy)— fa-SOL-ya Beans (horse)— FOOL Fish — S.i-mak Salad— S.I -la-ia Milk— ha-LEEB Beer— BEE-ra A glass of beer— KAAS BEE-ra A cup of coffee— fin-ZHAAN 'Ak-wi To find out how much things cost you say: How much— 'ad-DAYSH costs — bi-KAL-Uj this — HAA-da How much docs this cost — 'ad' DAYSH bi-KAL-lil HAA-da Money Piaster — 'irsh Two piasters — 'ir-SHAYN More than 2 piasters- ROOSH Pound — LEE-ra Two pounds — UR-TAYN More than 2 pounds — LEE- RAAT Time What time is it— 'ad-DAYSH is-SAY-'a Quarter past five — KHAM-si u- RU-bi' Half past six — sit u-NUS Twenty past seven — SAB-'a ti- TULT Twenty of eight is said "seven and two thirds" or "eight ex- cept one third": Twenty of eight — SAB-'a ii-int- TAYN or TMAA-ni IL-la TULT Quarter of — IL-la RU-bi' Quarter of two — ii-NAYN IL- la RU-bi' Ten minutes to three — TLAA-ii IL-la 'ASH-ra At what tiine — Al-ya SAY-'a the movie — is-Sl-fia-ma starts — bi-TlB-da At what time dots the movie start— Al-ya SAY-a' bi-TlB- da is-SI -na-t>iu The train— h-TRAYN leave — bi-SAA-fir At what time does the train leave— Al-ya SAY-'a bi-SAA- /(V ii-TRAYN Today— ;/-mW Tom orro w — BUK-re Days of the Week Sunday— YOM ii-HAD Monday— YOM it-NAYN Tuesday— YOM it-TLAA-ta Wednesday— YUM il-AR-ba-'a Thursday— YOM il-tya-MEES Friday— YOM il-ZfWM-a Saturday— YOM it-SEBT


text:
Page:A short guide to Syria (1943).djvu/27

 Useful Phrase* What is your name (to a man) — SHOO IS-mal;. What is your name (to a woman)— 5//00 IS-mib, My name is — IS-mt Docs anyone here speak Eog- lish— FEE HA-da HON BYlh-lii in-GLEE-zi Goodbye (by person leaving) — bi-KHAHT-rak Goodbye (by person replying) — t?i a- 'ts-sa-LA A -mi GLOSSARY [English — Arabic] Surroundings- Natural Objects bank (of river) — shtlht spring (water -hole, etc.) — darkness— ZUL-mi 'A1N daytime (tight)— na-HAHR trie stars— in-ZHOOM (plural) J.^u—BAA-dia Nl-zliim (singulai I field— HA-'il, marsh (plain) stnam—ZHAD-wd fire— NAHR the sun— ir/i-i'HAUi -, . , . wind — HA-it-j torest (woods) — hiirsh . ,,-,, , „. dav — YOM ^s^ho-SHEESB day ^ Wmomw _ ud BUK . the ground — ard gully (ravine)— ZHO^ra ^ay before yesterdav— AV-mal hill— tel im-BAA-rih lake — BA-ha-ra evening — it A -a/ the moon — li-'A-mat month — SHA-bir mountain — ZHE-bel morni ng — SU-bib the ocean — il-BA-har night — LAYL rain — SHi-m week — ZHUM-'a river — NA-ksr year — Sf-ni snow — teizb jcsladay—im-BAA-rif) SO Months of the Year January— KAA-NOON TAA-ni August— AAS February— SUB, -1 HT September— AY-LOOL Msuch—AA-DAHR October— tish-REEN AV-wal Aptir—NEE-SAAN Uavemba—titA-REEN TAA-ni May— Al-YAHR December— KAA-NOON AU- June — ho-ZAY-RA/N ted July— TEM-M OOZ Relationships boy — WE-ted or SUHbi man— nizb-ZHAAL or ZA-la- brother — ahb or KliAl mi (slang) child — WE-led mother — im daughter— £i'n/ sister — ukht father — A -boo son — I -bin girl — bint woman — MA-ra Human Body arms— DRAA-'AYN head— S/fHS back— UA-her leg — SAA' eye — 'AIN mouth — turn finger— US-bo" nose— mtm-KHAHR hot— IZH-ir teeth— SNAAN hair— SHA-'ir toe — US-bo' IZH-ir hand — £ED House and Furniture bed — FER-s/ii room — O-i/a blanket— h-RAAM stairs — DA-razh chair — KUR-;i stove — (cooking place) — SO-ba door— BAAB uhh—TAHW-Ii drinking water — MAI-yh SHU- wall— HAYT house— BAYT GHUH-sil kitchen — MAT-ba^h window — slmb-BAAK
 * water for washing — MAI HI-


text:
Page:A short guide to Syria (1943).djvu/28

 Food and Drink- Tobacco butler — ZIB-di cabbage- — mai-FOOF cauliflower — 'ar-na-BEET 01 ZAH-ra cigars— SEE-GHAHR cucumbers — k.bi-Y. II Ik curded milk — LA-ban food — A-I{il (cooked food) ta- BEEKH grapes — 'I-nab lemons— LA~i MOOh melons — bat-1 EEKH oranges — imr-dti-'A. IX urange juice — 'a-SEER bttr-du- 'AAN pipe — gAal-YOU radishes — Fl-zhil sah—Ml-lii sugar — SUK-kat xen—SHAH-i txtoacco—dtity-KHAAK tomatoes — ban-DOO-re turnip* — hjt w inc -u-tiEED [iridic — /All -Sir ai —kt-XEE-sa city — mc-DEE-tia or BA'lad m osc| ue — ZHA A -mi' path (trail, puss)- ma M. IR post office— BOS-ta ■ oltct post- M. KH'fa> road — tft'REE* or dttrh Surroundings shop ( store ) — ifii/i-k. I. i. srrcer— SUA A -ri' l.mvit — SI- town — BAL-da village — 'AR-yi or DAY-'a wcl— BEER hotel— O-TAYL oi io-KAN-dt animal — hai-WAHN b'pd—'Bi-FOOR camel — -ZHA-mei chicken (hen)— ZHAA-zM cow — BA-'ti-yi; Aog—kelb ials donkey (burrow, MAHR goat — -IN-zi horsi — h-SAHN mouse — I'AHR mule — BA-ghil jackass pig — ^ A/n -ZEER rabbit^AR-tiab rat— zhir-DON aia—diib-BAAN Rcas—ba-RAA-GHEET mosquitoes — NAA-MOOS sheep— GHA -Rem snake — H.-ll-yi scorpion — 'A'-rab Insects lice — -'A-mal spicier — 'an-f(a-B00T bedbugs — bat Trade* and Occupations baker— Ifhal'-BAAZ zook—'ASH-thi barber — kal-LAA' farmer — fel-LAAh blacksmith— had -DA AD shoemaker — kun-D. >R-zhi buidKt—lah-HAAM tailor— ifcAaf-YyfHT Numbers first— AL'-u d ninth— TAAsi' second — f.-IA-ni tenth — 'AA-shir third — TAA-lit eleventh — UAA-di 'A -shut fourth — RAH-bi' tmdith—TAA-ni 'A-shar G f th— fCHAA -mis six t y—si't-TEEN sixth — SAA-dis seventy — sa-ha-'EEN seventh — SAA-bi' eighty — ta-ma-NEEN eighth — TAA-min ninety — aV- 7.7- V Clothing belt — zun-NAHR or KA-mar boots — ZHEZ-mi coat — SAH-kjo gloves— KFOOF hat — bur-NAY-ta necktie — gra-l'AAT or RAB-ta Mn—'a-MEES shoes — sa-RAH-mt sucks — al-SAAT sw< atct—ZHER'zi trousers— Aarr-ftf-LOA undershirt — 'a-MEES lah-TAA- tii


text:
Page:A short guide to Syria (1943).djvu/29

 Adjectives good— TAI-yib or KWAI-yis or im-LEEH bad— bai-TAHL big— kr-BEER small— ifl-GHEEK eh—SHMAAL or ya-SAHR iXtk—raa-REED or 'ai-YAAN •unA—TAl-yib or mab-SOOT hungry—ZHO-'AAN thirsty — 'a/-SH AA' black — AS-wai wh ite — UHB -yuhd red- — Ah-tnar blue — /fZ-ra' green- — ,/A'W -oV yellow— C/HS-/ar high— VH-/( low — WAH-A deep — gfot-MEE* shallow — jnj'/A gha-MEE' (not dtV]<) colli — BAA-rid (thing) or iar- DA AN (person) hoi — SHOB (weather) SV-kf»<» (thing) SHO-BAAN (person) wet — m lib-LOQL dry — NAA-thij X pensive- — GHAA-h c h cap—ir-KHEES empiy—FAH-di or FAA-ngls iu—mal-YAAN Pronouns, etc. — /f-na wc — lli-na you — in) (masc); IN-ti (fcni.); IN-tit (pi.) he— HOO she— K££ they — A Jim this— HAA-da these — ha-DOL that — /ia-DAAK those — ba-DO-LEEK who— MEEJV what-ri'HOO or .-n'5H how many — V'" how hr^id-DAYSH BYlB-'ad or ad-DAYSR tt-ma-SAA-ji i-h anyone — HA-da everybody — /(nl WAA-hU i of — ni in -SHA AN from — min in — £E£ of — JMf'n above — FO' again — kjt-MAAN MAR-ra behind— WA-ra beside — zhemb below— ta hi hr—ba-'EED here— HON in front — 'ud-DAAM less — a-'AL Pre positions on — 'A -lii tu — W or li- up xo—ti-HAD with — njtf' or 6j- AcVerbs near — zhemb (adv.) or a-REEB (adj.) on thar side — 'AAa zhemb ha- DAAK on this side — 'A -la zhemb HAA- da there— hu-NAAK very — i/(-TEEk where— WAYN or FAYN more — AK-iar or ka-MAAN Conjunct lulls and — tea or »- but — LAA-kin if— Ma or 7-ZH or LAU m—AV or B-7L-/J that — in Phrases for Every Day How do you say ... til Arabic? KEEF bit-'OOL ... bit -A-ra- u What date is today? — nd- DAYSH il-YOM? What day of the week? — AYSH ii-YOM? Today is the fifth of June — il- YOM KHAM-ii ih-ZAY- RAAN Today is Tuesday, etc. — U-YOM it-TLAA-ta Come here — ia-'AAL ta-HON Come quickly — Ia-'AAL V WAAU


text:
Page:A short guide to Syria (1943).djvu/30

 Go quickly— ROOk 'a-WAAM Who are you? — MEEN int (to a man) MEEN IN-ti (to a woman) MEEN IN-tu (to more than one) What do you want? — SHOO BID-dali, (to » n'* 11 ) 5HOO BID-dik. (to a woman) .YVSH BID-fo<m (to more than one) Bring some drinking water — ZH££B M*4/ lisk-SHURB (to a man) ZHEE-bi MAI Ihh-SHVRB (to a woman) ZHEE-bu MM Ush-SHURB (to more than one) Bring Gome food — ZHEEB l-shi HI- A- fcil (to a man) ZHEE-bi l-shi lit-A-k.il (to a woman) Y.I I Eh I: ti l-shi til- A -kit (to more than one) How far is the camp? — ad- J.1YSH BYlB-'iit il-KAMB How far is the water? — ad* DAYSH bi-TlB-'id il-MAI Whose house is this? — li-MHtN kal-BAYT Weights O'-'o — 2.827 lbs. KEE-LO—i kilogram (2.2046 lbs. avd.) luhn (pronounced like Eng ton)- — 1 ton (metric), or .6 lbs. rati — South Palestine, 6.36 lbs.; North Palestine, 5.653 lbs. O-'EE-a — South Palestine, 0.53 lbs.; North Palestine, 0.471 lbs. 'nn-TAHR — South Palestine, .022 lbs.; North Palestine, .259 lbs. Note: The metric system is in official use in Syria, but the old Arab weights still are used. Roth in Palestine and in Syria these weights vary considerably from place to place and will have to be learned by experience. Measures DRA.r or PEEK— 26.67 inches (cloth measure) ; 29.84 in. (building and land measure). DU-nttm- — 1099.5056 square yards (land measure), or 600 sq. DRAA'S. kee-to-Ml-tir — t kilometer ( % at a mile or 3280.S feet). MEEL — mile. MEE-lir— meter (39.37 inches). Distances (t is often futile to try to find out exact distances from the Bedouins, because they have little idea of accurate expression. They will often reply that a place is "two cigarettes away," or about 20 minutes (the time it takes to smoke one cigarette, about to minutes). Or they may reply that a place is so many hours away, by which they mean hours traveling by horse, donkey, or camel. More sophisticated Arabs express distance in meters or kilometers, or perhaps mdes. Money Palestine md — one mil (Palestine), about half a cent; 1,000 mils make pound. ta'-REE-la— -5 mils (Palestine), also called mis 'irsh, half a piaster (2 cents). 'iWA— piaster (10 mils J (4 cents; . •ir.SHAYN—2 piasters (8 cents). SHIL-lm — shilling (5 piasters) (20 cents). LEE-ra, WA-ra-'a- — p u u n d (S4.02),


text:
Page:A short guide to Syria (1943).djvu/31

 nus 'irsh—half a plaster equals ¼ cent.

'irsh—piaster (½ cent).

frank.—franc (5 piasters, equals 2 cents).

'A-shar 'n-ROOSH—10 piasters (5 cents).

khams u-'ish-REEN 'irsh—25 piasters (11 cents).

kham-SEEN 'irsh—50 piasters (23 cents).

LEE-ra, WA-ra-'a—pound (46 cents).


text: Page:A short guide to Syria (1943).djvu/32


text: Page:A short guide to Syria (1943).djvu/33


text: Page:A short guide to Syria (1943).djvu/34


text: Dictionary of National Biography, 1885-1900/Ubaldini, Petruccio


text: Dictionary of National Biography, 1885-1900/Uchtryd


text: Dictionary of National Biography, 1885-1900/Udall, Ephraim


text: Dictionary of National Biography, 1885-1900/Udall, John


text:
Page:EB1911 - Volume 05.djvu/265

Rh of the Capetians is also distinguished by its union with the Habsburgs, through the marriage of Mary, daughter of Charles the Bold, duke of Burgundy, with Maximilian, afterwards the emperor Maximilian I. Of great importance also was the house of the counts of Anjou, which was founded in 1246, by Charles, son of the French king Louis VIII., and which, in 1360, was raised to the dignity of a dukedom (see ). Members of this family sat upon the thrones of two kingdoms. The counts and dukes of Anjou were kings of Naples from 1265 to 1442. In 1308 Charles Robert of Anjou was elected king of Hungary, his claim being based on the marriage of his grandfather Charles II., king of Naples and count of Anjou, with Maria, daughter of Stephen V., king of Hungary. A third branch formed the house of the counts of Artois, which was founded in 1238 by Robert, son of King Louis VIII. This house merged in that of Valois in 1383, by the marriage of Margaret, daughter of Louis, count of Artois, with Philip the Bold, duke of Burgundy. The throne of Navarre was also filled by the Capetians. In 1284 Jeanne, daughter and heiress of Henry I., king of Navarre, married Philip IV., king of France, and the two kingdoms were united until Philip of Valois became king of France as Philip VI. in 1328, when Jeanne, daughter of King Louis X., and heiress of Navarre, married Philip, count of Evreux (see ).

In the 13th century the throne of Constantinople was occupied by a branch of the Capetians. Peter, grandson of King Louis VI., obtained that dignity in 1217 as brother-in-law of the two previous emperors, Baldwin, count of Flanders, and his brother Henry. Peter was succeeded successively by his two sons, Robert and Baldwin, from whom in 1261 the empire was recovered by the Greeks.

The counts of Dreux, for two centuries and a half (1132–1377), and the counts of Evreux, from 1307 to 1425, also belonged to the family of the Capets,—other members of which worthy of mention are the Dunois and the Longuevilles, illegitimate branches of the house of Valois, which produced many famous warriors and courtiers.  CAPE TOWN, the capital of the Cape Province, South Africa, in 33° 56′ S., 18° 28′ E. It is at the north-west extremity of the Cape Peninsula on the south shore of Table Bay, is 6181 m. by sea from London and 957 by rail south-west of Johannesburg. Few cities are more magnificently situated. Behind the bay the massive wall of Table Mountain, 2 m. in length, rises to a height of over 3500 ft., while on the east and west projecting mountains enclose the plain in which the city lies. The mountain to the east, 3300 ft. high, which projects but slightly seawards, is the Devil’s Peak, that to the west the Lion’s Head (over 2000 ft. high), with a lesser height in front called the Lion’s Rump or Signal Hill. The city, at first confined to the land at the head of the bay, has extended all round the shores of the bay and to the lower spurs of Table Mountain.

The purely Dutch aspect which Cape Town preserved until the middle of the 19th century has disappeared. Nearly all the stucco-fronted brick houses, with flat roofs and cornices and wide spreading stoeps, of the early Dutch settlers have been replaced by shops, warehouses and offices in styles common to English towns. Of the many fine public buildings which adorn the city scarcely any date before 1860. The mixture of races among the inhabitants, especially the presence of numerous Malays, who on all festive occasions appear in gorgeous raiment, gives additional animation and colour to the street scenes. The mosques with their cupolas and minarets, and houses built in Eastern fashion contrast curiously with the Renaissance style of most of the modern buildings, the medieval aspect of the castle and the quaint appearance of the Dutch houses still standing.

Chief Public Buildings.—The castle stands near the shore at the head of the bay. Begun in 1666 its usefulness as a fortress has long ceased, but it serves to link the city to its past. West of the castle is a large oblong space, the Parade Ground. A little farther west, at the foot of the central jetty is a statue of Van Riebeek, the first governor of the Cape. In a line with the jetty is Adderley Street, and its continuation Government Avenue. Adderley Street and the avenue make one straight road a mile long, and at its end are “the Gardens,” as the suburbs built on the rising ground leading to Table Mountain are called. The avenue itself is fully half a mile long and is lined on either side with fine oak trees. In Adderley Street are the customs house and railway station, the Standard bank, the general post and telegraph offices, with a tower 120 ft. high, and the Dutch Reformed church. The church dates from 1699 and is the oldest church in South Africa. Of the original building only the clock tower (sent from Holland in 1727) remains. Government Avenue contains, on the east side, the Houses of Parliament, government house, a modernized Dutch building, and the Jewish synagogue; on the west side are the Anglican cathedral and grammar schools, the public library, botanic gardens, the museum and South African college. Many of these buildings are of considerable architectural merit, the material chiefly used in their construction being granite from the Paarl and red brick. The botanic gardens cover 14 acres, contain over 8000 varieties of trees and plants, and afford a magnificent view of Table Mountain and its companion heights. In the gardens, in front of the library is a statue of Sir George Grey, governor of the Cape from 1854 to 1861. The most valuable portion of the library is the 5000 volumes presented by Sir George Grey. In Queen Victoria Street, which runs along the west side of the gardens, are the Cape University buildings (begun in 1906), the law courts, City club and Huguenot memorial hall. The Anglican cathedral, begun in 1901 to replace an unpretentious building on the same site, is dedicated to St George. It lies between the library and St George’s Street, in which are the chief newspaper offices, and premises of the wholesale merchants. West of St George’s Street is Greenmarket Square, the centre of the town during the Dutch period. From the balcony of the town house, which overlooks the square, proclamations were read to the burghers, summoned to the spot by the ringing of the bell in the small-domed tower. Still farther west, in Riebeek Square, is the old slave market, now used as a church and school for coloured people.

Facing the north side of the Parade Ground are the handsome municipal buildings, completed in 1906. The most conspicuous feature is the clock tower and belfry, 200 ft. high. The hall is 130 ft. by 62, and 55 ft. high. Opposite the main entrance is a statue of Edward VII. by William Goscombe John, unveiled in 1905. The opera house occupies the north-west corner of the Parade Ground. Plein Street, which leads south from the Parade Ground, is noted for its cheap shops, largely patronized on Saturday nights by the coloured inhabitants. In Sir Lowry Road, the chief eastern thoroughfare, is the large vegetable and fruit market. Immediately west of the harbour are the convict station and Somerset hospital. They are built at the town end of Greenpoint Common, the open space at the foot of Signal Hill. Cape Town is provided with an excellent water supply and an efficient drainage system.

The Suburbs.—The suburbs of Cape Town, for natural beauty of position, are among the finest in the world. On the west they extend about 3 m., by Green Point to Sea Point, between the sea and the foot of the Lion’s Rump; on the east they run round the foot of the Devil’s Peak, by Woodstock, Mowbray, Rondebosch, Newlands, Claremont, &c., to Wynberg, a distance of 7 m. Though these are managed by various municipalities, there is practically no break in the buildings for the whole distance. All the parts are connected by the suburban railway service, and by an electric tramway system. A tramway also runs from the town over the Kloof, or pass between Table Mountain and the Lion’s Head, to Camp’s Bay, on the west coast south of Sea Point, to which place it is continued, the tramway thus completely circling the Lion’s Head and Signal Hill. Of the suburbs mentioned, Green Point and Sea Point are seaside resorts, Woodstock being both a business and residential quarter. Woodstock covers the ground on which the British, in 1806, defeated the Dutch, and contains the house in which the articles of capitulation were signed. Another seaside suburb is Milnerton on the north-east shores of Table Bay at the mouth of the Diep river. Near Maitland, and 3 m. from the city, is the Cape Town observatory, built in

title: Page:EB1911 - Volume 05.djvu/265


text: Dictionary of National Biography, 1885-1900/Udall, Nicholas


text:
Page:A Book of Dartmoor.djvu/106

72 attract attention have escaped. They are mounds of earth and stone over a pit sunk in the original soil, or over a kistvaen. Usually they contain a handful of ashes only; they rarely yield more. One, however, on Hamildon surrendered a bronze knife with amber handle and rivets of gold. Others have given up small knives of bronze, and urns of the characteristic shape and ornamentation of the Bronze Age. In one, on Fernworthy Common, was found a thin blade of copper, along with a flint knife, a large button of horn, and a well-ornamented urn. A cairn surrounded by a circle of stones, and containing a kistvaen, near Princetown, is called "The Crock of Gold," a name that may be due to a vessel of the precious metal having been found in it. One thing is obvious, the enormous labour of exploring the larger cairns would not have been undertaken unless previous ransackings had yielded valuable results. Some of the cairns must have been huge, and have taken many men several days in clearing out their interiors. About these cairns I shall say a good deal in a chapter apart. 10. Of camps there are two kinds, those constructed of stone and those of earth. I reserve what I have to say about these to a separate chapter. 11. The old stone bridges, composed of rude slabs cast across an opening to a pier, also rudely constructed, have been attributed to "the Druids," of course. There is nothing to indicate for these a great antiquity. They belong to the period of pack-horses, and were doubtless often repaired. Those

title: Page:A Book of Dartmoor.djvu/106


text: Dictionary of National Biography, 1885-1900/Ufford, Robert de


text: Dictionary of National Biography, 1885-1900/Ufford, William de


text: Dictionary of National Biography, 1885-1900/Ughtred, Thomas


text: Dictionary of National Biography, 1885-1900/Uhtred (d.1016)


text: Dictionary of National Biography, 1885-1900/Uhtred (1315?-1396)


text: Dictionary of National Biography, 1885-1900/Ulecot, Philip de


text: Dictionary of National Biography, 1885-1900/Ulfcytel


text: Dictionary of National Biography, 1885-1900/Ullathorne, William Bernard


text:
Page:A Book of Dartmoor.djvu/107

Rh at Dartmeet, and Post Bridge, and Two Bridges—this last has disappeared—were in the line of the pack-horse track, and not in that of the paved way across the moor. The rude bridge at Okery in like manner is in the pack-horse line of way, which is indicated between Princetown and Merrivale Bridge by rude posts of granite set up at intervals.

title: Page:A Book of Dartmoor.djvu/107


text: Dictionary of National Biography, 1885-1900/Ullerston, Richard


text:
United States v. Reading

THIS was an appeal from the district court of the United States for the northern district of California.

The claim was originally presented to the board of commissioners, who confirmed it in December, 1852, to the extent and quantity of six square leagues and no more, as described in the Mexican grant, if that quantity be contained within the boundaries called for in the grant; and if less, then they confirmed it for that smaller quantity.

The United States appealed to the district court, which affirmed the decision of the commissioners. An appeal brought the case up to this court.

The title of Reading is set forth in the opinion of the court, except the conditions of the grant, which were as follows, namely.

'In the name of the Mexican nation I have granted to him said land, subject to the approval of the most excellent departmental assembly, and to the following conditions:--

1. He shall not sell, alienate, or hypothecate it, nor impose on it any tax, entail any other incumbrance, nor shall he donate it.

2. He shall not hinder the cultivation or other profits which the natives of that region may derive from said land.

3. He may inclose it without prejudice to the crossing roads and public uses; he may enjoy it freely, appropriating it to the cultivation which best suits him, but within a year he shall build a house and it shall be inhabited.

4. The land which has been granted is of the extent of which mention has already been made. The judge who shall give the possession shall cause it to be measured according to ordinance, and the overplus which may result shall remain to the nation for convenient uses.

5. If he contravene these conditions, he shall lose his right to the land, and it shall be denounced by any other person.'

The case was argued by Mr. Cushing, (attorney-general,) for the United States, and by Mr. Lawrence and Mr. Bibb, for the appellee. There was also a brief filed upon the side of the appellee, by Mr. Volney E. Howard.

Mr. Cushing made the following points:--

1. Reading not being a Mexican citizen, could not take and hold a grant of land in a Mexican territory.

For the rule of naturalization prior to 10th September, 1846, see Scmidt's Laws of Spain and Mexico, 353. For additional provisions made then, see Leyes y Decretos, 1844-1846, p. 423.

2. Reading was not entitled to take and hold lands in California, which was frontier territory.

3. The grant was not approved by the departmental assembly.

4. Without the approbation of the departmental assembly, there was no grant passing any title. Fifth regulation of November 21, 1828.

5. Reading would have no claim, in law or equity, upon Mexico to complete and confirm his incipient title, if she had not transferred California to the United States by treaty.

6. Reading abandoned whatever claim he had, before the final conquest by the United States.

Mr. Bibb contended that, with respect to the condition of obtaining the approval of the departmental assembly, it was the duty of the governor, and not the grantee, to lay the case before that body. Fifth and sixth regulations of 1828. The omission or neglect of the governor to do this, could not deprive the grantee of his vested interest. 5 Cranch, 242; 9 How. 333.

So also are the legal maxims, ''Nemo punitur sine injuria, facto, seu defalta. Nul prenada advantage de son tort demesne''. Coke's 2 Inst. 287, 713, and maxims at the end of that volume. Domat's Civil Law, book I. title 1, § 5, par. 17, p. 29; Pothier on Obligations, part 2, chap. 3, par. 212; Co. Litt. 205 b; 2 Comyn's Dig. Condition, (D. 7,) p. 327; 5 Viner, Condition, (N. c,) pleas 23, 25, p. 246.

With respect to the other condition subsequent, namely, the judicial mensuration and marking out of the boundaries, the evidence shows that the grantee was not to blame.

The United States have not claimed nor attempted to exert the power to annul Mexican grants for non-performance of conditions. 9 Stats. at Large, 633, § 11, et seq.

Mr. Justice WAYNE delivered the opinion of the court.

title: United States v. Reading


text: Dictionary of National Biography, 1885-1900/Ultan


text: Talk:United States v. Reading

title: Talk:United States v. Reading


text:
United States v. Reading/Opinion of the Court

We find in the record of this appeal, that Reading, the appellee, was an immigrant from the United States, in the then Mexican territory of California, in the year 1842, and that he afterwards became a citizen of the Mexican republic. After residing there for two years, he petitioned the governor, Michel Torena, for a grant of land called Buena Ventura, situated on the bank of the River Sacramento, bounded on the north by vacant lands; on the east by the River Sacramento, and on the south and west by vacant lands, according to a plat annexed to his petition. The governor referred the petition to the secretary of state for information concerning it. The secretary, in reply, says, the petitioner was a proper person for the governor's favor, and, upon the official certificate of Jno. A. Sutter, (who was military commandant of the northern frontier of California, and charged with civil jurisdiction also,) he declares that the land asked for was vacant, and could be granted. The governor directed the title to be issued, and it was prepared for his signature.

It is as follows:--

'Citizen Michel Torena, General of Brigade of the Mexican Army, Adjutant-General of the Staff of the same, Governor, Commandant-General, and Inspector of the Department of the Californias.

'Whereas, Don Pearson B. Reading-a Mexican by naturalization has made application, for his personal benefit, for the land known by the name of Buena Ventura, on the margin of the River Sacramento, from the creek called Lodo, (Lodoso, Muddy,) which is on the north as far as the Island de Sangre, with six square leagues in extent; and the proper proceedings and investigations having been previously complied with, according to the provisions of the laws and regulations concerning the matter, by virtue of the authority vested in me, in the name of the Mexican nation, I have granted to him said land, subject to the approval of the most excellent departmental assembly.'

There are also conditions annexed to the grant, which may be seen in the reporter's statement of the case. The grant was signed by the governor, and countersigned by the secretary of state, on the 4th of December, 1844, and entered into the archives of the Territory on the same day, with an order from the governor that the title, 'being held as valid,' should be delivered to the interested party for his security and other purposes.

The power of the governor to make such a grant of land is admitted. The regularity and genuineness of the entire proceeding, and its entry into the archives of the Territory, are not disputed; but Reading's right to a confirmation of it is denied, upon several grounds. Each objection shall have due consideration, not because all of them require it, but to prevent the same points from being urged again in cases of a like kind.

It is said, the grant was provisional only having been made subject to the approval of the departmental assembly; and, as that had not been given, that it passed no such interest in the land to Reading as entitled him to a confirmation of the grant. Other objections were urged against the confirmation of it, arising out of the national status of Reading when he received the grant, and also out of the fact, that, in the war between Mexico and the United States, he left the standard of the former, and joined the American forces which invaded California. And it was said, as it had been in Fr emont's case, that he lost whatever right he had to the land, and subjected it to be denounced by any other person, because he had not complied with the condition to build a house upon it, and to have it inhabited, within a year from the date of the grant, and because he had omitted to obtain a judicial possession and measurement, or survey of it. The last two objections are charges of negligence, which must be determined by the proofs in the cause. In our opinion, they do not show either negligence or omission in the particulars mentioned. The witness, Hensley, says, it was upon his suggestion that Reading applied for the land. He knew the locality of it, from having been there. After stating that he had seen a paper purporting to be a grant of the land, dated in December, 1844, he says that Reading visited it in August, 1845, and that they were ten days together upon the land, looking for suitable able locations for fields and building sites. That Reading then put upon it a Frenchman named Julian, to build a house for him and to keep possession of it; that, at that time, Reading placed upon the land horses and cattle. That the house was built. It was afterwards burnt by the Indians, and Julian was killed by them. Ford, another witness, who went to that part of the country in March, 1846, as one of a military company to quell an outbreak of the Indians, confirms Hensley's statement in respect to Julian's possession of the land for Reading, but says that he had been forced by the Indians to abandon the house he had built; and that the horses which had been put upon the land, or others belonging to Reading, had been driven from it by Julian, as it was impossible to keep them there on account of the hostilities of the Indians. And Sutter accounts very satisfactorily for Reading's absence from the land during the years of 1845 and 1846, in his reply to the question, if it would have been safe for Reading to have resided personally on his ranche during the revolution and hostilities of those years, when he says, Major Reading had hardly time to do so, as he was nearly all the time required by me to do service. Sutter had said before, in his answer to another question, that he had been, in the years 1844-1846, military commandant of the northern frontier of California, and was also charged with the civil jurisdiction in all that region of country; and, as such, that he had official power to order Reading upon military duty, and that he had done so. It appears also from his testimony, that he kept Reading so employed in the service of Mexico, with the exception of short intervals, from the early part of the spring of 1845 into a part of the year 1846, until Col. Fr emont invaded Upper California, when, shortly afterwards, Reading joined him. The facts of the case, in respect to the occupation and cultivation of the land by Reading's agent, disprove the objection. Such an agency for building a house, and having it inhabited by the agent, was as good a compliance with the condition requiring that to be done, as if it had been done personally by Reading. The objection, that he had disregarded the condition of the grant, in not having obtained judicial possession and a survey of the land, is answered by the declaration of Sutter, the only person officially authorized to give it, and without whose permission no survey could have been made. He says, that Reading applied to him in the spring of the year 1845, to be put in judicial possession of the land, but that he had not complied, because his military engagements in the field against the Indians, just before and following the application, had disabled him from doing so; and that the revolution which followed Col. Fr emont's coming was his reason for not having given to Reading judicial possession, according to the prayer of his petition for that purpose.

We have noticed these minor objections against the confirmation of this grant, that the real merits of the transaction might be known, and not because it was essential to the decision of the case. For, even if the proofs in the case, in respect to the grantee's occupancy of the land, had been otherwise than they have been shown to have been, his title to it would not have been lost, because the conditions annexed to the grant had not been fulfilled; unless it could be shown that there had been on his part such unreasonable delay or want of effort to fulfil those conditions as would amount to an intention 'to abandon his claim' before the Mexican power had ceased to exist, and that he was now endeavoring to resume it, from its enhanced value under the government of the United States. This court, considering, in Fr emont's case, 17 How. 560, the same objections which are now under our consideration in this, uses the following language: 'Regarding the grant to Alvarado, therefore, as having given him a vested interest in the quantity of land therein specified, we proceed to inquire whether there was any breach of the conditions annexed to it, during the continuance of the Mexican authorities, which forfeited his right, and revested the title in the government. The main objection on this ground is the omission to take possession, to have the land surveyed, and to build a house on it within the time limited in the conditions. It is a sufficient answer to this objection to say, that negligence in respect to these conditions and others annexed to the grant, does not, of itself, always forfeit the right of the grantee.'

'It subjects the land to be denounced by another, but the conditions do not declare the land forfeited to the State upon the failure of the grantee to perform them. The chief objects of these grants was to colonize and settle the vacant lands. The grants were usually made for that purpose, without any other consideration and without any claim of the grantee on the bounty or justice of the government. But the public had no interest in forfeiting them, even in these cases, unless some other person desired and was ready to occupy them, and thus carry out the policy of extending its settlements. They seem to have been intended to stimulate the grantee to prompt action in settling and colonizing the land, by making it open to appropriation by others in case of his failure to perform them. But, as between him and the government, there is nothing in the language of the conditions, taking them altogether, nor in their evident object and policy, which would justify the court in declaring the land forfeited to the government, where no other person sought to appropriate them, and their performance had not been unreasonably delayed. Nor do we find anything in the practice and usages of the Mexican tribunals, as far as we can ascertain, that would lead to a contrary conclusion.'

It was also urged, that no title passed by the grant, as it had not received the approval of the departmental assembly. Our examination of the decrees of the 18th of August, 1824, and of the 21st of November, 1828, leads us to a different result. A right and title passed by the governor's grant, but its definitive validity was suspended for the approval of the assembly; and so it continued to be suspended, until its approbation had been given, when the title became definitive. But if that was refused, it did not take away, nor in any way qualify, the grantee's title, but only kept its final validity in suspense until the grant had been rejected by the supreme government of the republic; it being the duty of the governor, after its rejection by the assembly, to forward the documents of title to the supreme government for its decision.

Further, we must infer from the same decrees, and particularly from the 5th article of that of the 21st of November, 1828, that it was the duty of the governor, and not that of the grantee, to forward grants of land given by him to the departmental assembly. The latter might very well, after that had been done by the governor, solicit the approval of the assembly, personally or by an agent, by all those considerations which had gained him the governor's favor. But if the governor failed to transmit the documents, from any cause whatever, the grantee's title continued to be just what it was when the grant was given. Nor could any neglect or refusal of the governor to transmit his grantee's documents of title to the assembly take from him his right in the land, if the grant had been made with a due regard to what the decree of the 18th of August, 1824, required, and in conformity with the cautionary regulations of that of the 21st of November, 1828. In other words, from our reading of those decrees, the governor could not either directly recall a grant made by him, or indirectly nullify it when it had been conferred conformably with them. Those decrees prescribe a course of action for such grants, and impose upon the governor the execution of it. When, then, the archives of the Territory of the Californias do not show that the governor's grants of land had been sent to the departmental assembly; or that, having been sent, they had been rejected, and that after such rejection they had not been sent, by the governor making the grants, to the supreme executive government for its final decision-the titles of the grantees are just what they were in their beginnings, and are sufficient, now that the territory has been transferred to the United States, for confirmation under its statute of the 3d of March, 1851. Such grants, so circumstanced, are equitable titles, protected by the treaty of Guadalupe Hidalgo, and by the laws and usages of nations concerning the rights of property, real and personal, of the inhabitants of a ceded or conquered country. And, we may add, they are protected by the usages of Mexico in respect to such grants, the archives of California showing that a very large portion of the land in the occupation of its inhabitants was held by titles wanting the approval of the departmental assembly. And we entirely concur with Mr. Commissioner Hall, in the opinion given by him in the case, that the want of such approval in so many instances, as are shown by the archives of the territory, was owing to the fact that the political affairs of the territory had been in confusion for several years preceding its cession to the United States. That the assembly had seldom been called together, and when assembled its sessions had been brief, and occupied with the consideration of pressing matters of a public character; and that the governors making grants had very much neglected to present them to the assembly for approval. We are of the opinion that Reading's right to a confirmation of his grant cannot be refused on account of its not having had the approval of the departmental assembly.

We will now dispose of the objections to a confirmation of this grant, connected with Reading's national status, when he received his documentary title, and with his having subsequently joined the forces of the United States in the war with Mexico. It is said he was not a naturalized citizen of the Mexican republic when the grant was conferred, and that, if he was, his title was forfeited to Mexico, for having fought against her; and, if not forfeited, that his course in that particular should be taken as full proof of his intention to abandon all right and title to the land.

The case, as it is made in the record, does not require from us a particular consideration of the circumstances under which foreigners might receive and retain grants of land, by the decrees of 1824 and 1828. It is enough to say, that the Mexican republic, from the time of its emancipation from Spain, always dealt most liberally with foreigners in its anxiety to colonize its vacant lands. It invited them to settle upon her territory, by promises of protection of them and their property. And, by the first article of the decree of 1828, for colonizing her vacant lands, foreigners were included with those to whom the governors of the territories might make grants of land for the purpose of cultivating and inhabiting them.

But the fact of Reading's Mexican naturalization is not an open question in this case. The record admits the regularity and genuineness of his documentary title for the land. The admission is as good for all of the necessary recitals in them, as it is for the main purpose for which they were inserted in those documents. That was a grant of the land. The recitals are those 'requisite conditions,' stated in the second and third paragraphs of the decree of November 21, 1828, concerning which, the governor is enjoined to seek for information, which, when affirmatively ascertained, make the foundation for the governor's exercise of his power to grant vacant lands.

In his petition for a grant, Reading says he is a native of the United States, and had resided in the country since the year 1842. The governor states him to be a Mexican by naturalization, in the grant, and 'that as the proper proceedings and investigations had been previously complied with, according to the provisions and laws and regulations concerning the matter,' he, in virtue of the authority vested in him, grants to the petitioner the land known as Buena Ventura, on the margin of the River Sacramento, from the creek called Lodo, (Lodoso, Muddy,) which is on the north as far as the Island de Sangre, with six square leagues in extent, subject to the approval of the departmental assembly, and on the conditions annexed to the grant. Now, this is not merely the language of clerical formality, though it might be the same from usage in like cases, but it is a declaration of the governor's official and judicial conscience; that his power to make the grant has been used in a fit case, for the approval of it by the departmental assembly, or for the decision of the supreme executive government, in case the action of the assembly should make it necessary for him to carry it there for its decision.

We consider it conclusive of the fact of the petitioner's Mexican naturalization, precluding all other inquiries about it, in our consideration of this case, by the record.

The last objection was that Major Reading having joined the forces of the United States in the war with Mexico, had forfeited his right to the approval of his grant by the authorities of Mexico, which the United States might take advantage of to defeat his claim; and, if not so, that the fact itself raised a strong presumption that he meant to abandon it. As to the last, there is nothing in the record from which such an intention can be inferred, and the fact itself is insufficient for such a purpose. There is much to show the reverse, if the circumstances and condition of the country are considered, when Reading joined Col. Fr emont. There had been in the year 1845 a successful revolution in California, by which Torena, the governor, had been deposed; his powers had been assumed by Colonel Don Jos e Castro, without any authority from the supreme executive government of Mexico. It was followed by Indian outbreaks, with marked hostility to the foreigners who had settled in California, and more so against those from the United States than to any other class. If they were not instigated, they certainly were not discouraged by the existing government. Its conduct indicated its wishes, if not a fixed design, to drive the naturalized immigrants from the United States from their homes and from the territory. In such a state of things, Col. Fr emont carried the war into California. Neither the supreme government, nor the territorial, gave protection to its inhabitants, and it had become part of the war policy of Mexico to suspect the fidelity of settlers from the United States to their Mexican allegiance, and plans were formed to get rid of them. We take the fact from other authentic sources, and Sutter speaks of it in the record, with positiveness as to himself. Reading had good cause for like apprehensions, and having joined Col. Fr emont under such circumstances, his conduct may be said to have been blameless of all treachery to Mexico.

But if they were otherwise, and Reading had voluntarily, and without circumstances to excuse it, abandoned his Mexican allegiance for that of his nativity, the United States could not urge it as a cause for the forfeiture of his title to land acquired from Mexican laws, and in the mode in which those laws had been executed by the governors of the states and territories of that republic.

War has its incidents and rights for persons and for nations, unlike any that can occur in a time of peace, and they make the law applicable to them. One of them is, that by the law of war either party to it may receive and list among his troops such as quit the other, unless there has been a previous stipulation that they shall not be received. But when they have been received, a high moral faith and irrevocable honor, sanctioned by the usages of all nations, gives to them protection personally, and security for all that they have or may possess. They are exempt also from all reproach from the sovereignty to which their services have been rendered. Nothing that they claim as their own can be taken from them, upon the imputation that they had forfeited or meant to relinquish it by the abandonment of their allegiance to the sovereignty which they had left.

The reverse would partake of Sir Guy Carleton's 'impossible infamy,' though when used by him in reply to a letter from General Washington, not so well applied, as it might be, if the United States was allowed to interpret the treaty of Guadalupe Hidalgo, so as to take for itself Reading's land, because he had joined its forces in the war with Mexico.

Having considered every objection made to the confirmation of this grant, and believing no one available for such a purpose, it only remains for us to declare our affirmance of the award of the commissioners, and the decree of the district court.

Mr. Justice DANIEL dissented.

Mr. Justice CAMPBELL.

I concur.


text: Talk:United States v. Reading/Opinion of the Court


text: Dictionary of National Biography, 1885-1900/Umfraville, Gilbert de (1244?-1307)


text:
McLean v. Meek

THIS was an appeal from the circuit court of the United States for the southern district of Mississippi.

The case was this.

Joseph Meek, a citizen and resident of Davidson county, State of Tennessee, died on the 12th of February, 1838, leaving property in the States of Tennessee and Mississippi. He left three children, namely: James L. Meek, Joseph Meek, and a daughter, who was married to John Munn.

Jesse Meek, the brother of the deceased, was appointed his administrator in both States, namely, in Mississippi on the 30th February, 1838, and in Tennessee in September, 1838.

The estate in Tennessee was insolvent, and in November 1840, a bill was filed in the chancery court at Franklin, in the State of Tennessee, by Jesse the administrator, and by John Munn and wife, alleging the insolvency of the estate and praying for its administration according to the laws of that State in case of insolvent estates. To this bill the creditors were made parties defendants. The minor sons were also made defendants by their guardian.

Jesse Meek's letters of administration in Mississippi were revoked on 28th December, 1841, and John Munn appointed on the same day administrator de bonis non. He continued to administer until 12th February, 1849, and on the next day James L. Meek was appointed in his place.

In the progress of the administration in insolvency in Tennessee, the claim of N. and J. Dick and Co., (the surviving partners of which firm were the appellants,) for $21,460.80 was presented to the clerk and master, who had been directed by the court to report on the debts filed against the estate. The claim was allowed for $20,445.67, which report was confirmed by the court. Upon this claim, Dick and Co. received two sums, namely, one of $300 and the other of 1,987.13.

On the 29th of August, 1850, Hill and McLean, as surviving partners of the firm of Dick and Co., filed their bill in the circuit court of the United States for the southern district of Mississippi against James L. Meek, as administrator, which was afterwards so amended as to be against said Meek in his individual capacity, and also against Joseph Meek, one of the heirs.

The only evidence relied upon by the complainants was a transcript of the record from the chancery court of Tennessee.

The circuit court dismissed the bill, and the complainants appealed to this court.

It was submitted on printed arguments by Mr. Benjamin, for the appellant, and Mr. Harris, for the appellee.

Mr. Benjamin referred to the cases of Aspden v. Nixon, 4 How. 467, and Stacy v. Thrasher, 6 How. 44, and said:--

These authorities, rightly construed, are conclusive against the appellees. In the present case, the administrator in Tennessee and in Mississippi is the same person; and in the proceedings in chancery in Tennessee, which resulted in a decree establishing the claim of the appellants, the present defendants were parties, as shown by the foregoing statement of facts.

In addition to this consideration, the present defendant, James L., as administrator de bonis non of Joseph Meeks, is privy with his predecessor, Jesse, in the trust resulting from the administration. The principle is ruled expressly in Stacy v. Thrasher, as being the law of Mississippi. See the language of Judge Grier, at page 60.

Mr. Harris referred to the case of Stacy v. Thrasher, and contended that, as a simple contract debt, it was barred by the statute of limitations. Hutch. Miss. Code, 830-3.

Mr. Justice CATRON delivered the opinion of the court.

title: McLean v. Meek


text: Talk:McLean v. Meek

title: Talk:McLean v. Meek


text:
McLean v. Meek/Opinion of the Court

Hill and McLean sued James L. Meek, administrator of Joseph Meek, by bill in equity, in the circuit court of the United States for the southern district of Mississippi, for upwards of $20,000, alleged to be due the complainants by Joseph Meek at the time of his death.

He died in February, 1838, and was then domiciled in Davidson county, Tennessee. In September, 1838, Jesse Meek was appointed administrator of Joseph Meek's estate in said county. In November, 1840, the estate was alleged to be insolvent, and a bill was filed in the chancery court exercising jurisdiction in Davidson county, by Jesse Meek, the then administrator, and John Munn and his wife, who was a daughter of Joseph Meek, setting forth the insolvency, and praying for judicial administration of the assets among the creditors of the deceased, according to the statute of that State. To this bill the creditors were the proper defendants, and entitled to share the assets ratably. The other children of the deceased were also made defendants, and acted by their guardian.

Nathaniel and James Dick and Co. presented a claim for allowance of $21,445, and which was allowed by the chancery court in May 1846, and about $2,000 of it was afterwards paid out of the assets distributed; and for the balance remaining unpaid the present bill was filed, seeking a discovery of assets from the administrator in Mississippi, and payment therefrom.

The evidence relied on to sustain the suit and establish the demand was a copy of the record from the chancery court of Tennessee; and the principal question is, whether this proceeding bound the administrator or affected the assets in Mississippi.

There is one circumstance worthy of explanation. Jesse Meek administered in Mississippi, 30th February, 1838, on Joseph Meek's estate, but his letters were revoked in 1841, and John Munn was appointed administrator de bonis non, and afterwards James L. Meek was appointed, and superseded Munn; and James L. is here sued.

During the contest in the Tennessee court, when Dick and Co. established their demand, Jesse Meek was the Tennessee administrator, and Munn and Joseph L. Meek were successively administrators in Mississippi.

These administrations were independent of each other; the respective administrators represented Meek, the deceased intestate, by an authority coextensive only with the State where the letters of adminstration were granted, and had jurisdiction of the assets there, and were accountable to creditors and distributees according to the laws of the State granting the authority. No connection existed, or could exist, between them, and therefore a recovery against the one in Tennessee was no evidence against the other in Mississippi. Stacy v. Thrasher, 6 How. 44, lays down this distinct rule.

But if there was evidence of the demand, as alleged, and which we do not doubt exists, yet it is only evidence of an open account existing at the time of Joseph Meek's death, in 1838, and therefore subject to be barred by the act of limitations in Mississippi barring such claims, if suit is not brought to enforce them within three years next after the cause of action accrued. The answers of the administrator and heirs of Joseph Meek rely on the act of limitations as a bar to relief, and which bar would necessarily be allowed, if the cause was remanded, so that further evidence might be introduced. As it now stands, however, there is no evidence of the demand, and therefore we order that the decree of the circuit court shall be affirmed.

title: McLean v. Meek/Opinion of the Court


text: Dictionary of National Biography, 1885-1900/Umfraville, Gilbert de (1390-1421)


text: Talk:McLean v. Meek/Opinion of the Court


text: Dictionary of National Biography, 1885-1900/Umphelby, Fanny