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 had vanished. The new dances were the waltz and quadrille, introduced in 1813, and the galop, or the "sprightly galopade" as it was called, while the modern lancers developed from the quadrille. Fashion dominated this exclusive club of Almack's. Trousers for men were making their way in, but as yet they were looked on as not quite correct for evening dress, and one evening, when the Duke of Wellington presented himself thus attired, his entrance was barred by an official, who explained politely, "Your Grace cannot be admitted in trousers." The Duke bowed to the supreme decree and quietly walked away. By 1830, however, trousers had become universal. A few years before this, the frock coat appeared, brass buttons went out, and black cravats came in. Indeed, dark colours for men's dress were introduced by George IV. himself, who wore a dark blue frock coat. A great deal of attention was still bestowed on waistcoats, and we recall the account of Joseph Sedley in "Vanity Fair," going to London in a waistcoat of "crimson satin embroidered with gold butterflies." Pumps, or shoes, were worn by this exclusive society, and a book of etiquette about this time quaintly


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 of Rev. H. Askew of Greystoke, Cumberland, and had issue.

WASSE, JOSEPH (1672–1738), scholar, was born in Yorkshire, and entered as a sizar at Queens' College, Cambridge, in 1691. He became bible clerk in 1694, scholar in 1695, was B.A. in 1694, fellow and M.A. in 1698, B.D. in 1707. He assisted Ludolph Kuster in his edition of Suidas (1705), and in 1710 published a critical edition of Sallust, based on an examination of nearly eighty manuscripts. In 1711 he was presented to the rectory of Aynhoe, Northamptonshire, by Thomas Cartwright, with whom he was on intimate terms. He passed most of his time in his library at Aynhoe, and, according to Whiston, Dr. Bentley pronounced him the second scholar in England.

To Samuel Jebb's ‘Bibliotheca Literaria’ Wasse contributed extensively, and Bowyer declares that the length of Wasse's articles ruined that venture. He became a proselyte to Samuel Clarke's Arian opinions, and in 1719 published ‘Reformed Devotions,’ dedicated to Cartwright and his wife.

The fine edition of Thucydides by Charles Andrew Duker and Wasse was published in 1731 at Amsterdam, and was reprinted at Glasgow in 1759 with the Latin version by Robert and Andrew Foulis. The original notes contained in the book are not of great value, and compare unfavourably with the Sallust. Wasse contributed scientific articles to the ‘Philosophical Transactions.’ He died unmarried on 19 Nov. 1738. Part of his library was acquired by his successor at Aynhoe, Dr. Francis Yarborough, afterwards principal of Brasenose College, Oxford (1745–1770). The books, which contain a great number of manuscript notes by Wasse, were given by Yarborough's heirs to the college. Wasse's copy of Thucydides, with many manuscript notes, is in the Bodleian Library.

WASTELL, SIMON (d. 1632), schoolmaster, was descended from a northern family seated at Wasdale in Cumberland. He entered Queen's College, Oxford, about 1580, graduating B.A. on 15 March 1584–5. Before 1592 he was appointed headmaster of the free school at Northampton, where he acquired considerable reputation as a teacher. In 1623 he published a translation of John Shaw's ‘Biblii Summula,’ 1621, entitled ‘A True Christians Daily Delight,’ London, 1623, 12mo, dedicated to Sir, first baron Spencer of Wormleighton [q. v.] It was a short summary in verse of the contents of the Bible, intended for children to commit to memory. To make the task easier the stanzas began with the successive letters of the alphabet. The first edition was reprinted in 1683 (London, 12mo), under the title ‘The Divine Art of Memory,’ with a preface by ‘T. B.’ Wastell, however, himself issued a second enlarged edition in 1629, entitled ‘Microbiblion, or the Bibles Epitome in Verse,’ London, 12mo. The summary of the Old Testament was entirely recast, and, though still based on the ‘Summula,’ was rather an original paraphrase than a translation from Shaw. The summary of the New Testament was, however, merely reprinted from the first edition. The book was dedicated to Sir William Spencer, son of Sir Robert, who had died in 1627. The edition of 1629 also contained on four blank pages at the end of the volume two poems very superior to Wastell's verses. The former, ‘Upon the Image of Death,’ is usually attributed to [q. v.], and is included in his ‘Mæoniæ,’ 1595. The other, ‘Of Mans Mortalitie,’ is sometimes assigned to [q. v.] In 1631 Simon Wastell, or more probably his son, was vicar of Daventry in Northamptonshire, but resigned the living before 22 Sept. of that year. Wastell died at Northampton four months later, and was buried on 31 Jan. 1631–2. He was twice married. By his first wife, named Elizabeth, he had four surviving children: two sons—Samuel (b. 1599) and Simon (b. 1602)—and two daughters, Hannah and Mary. Elizabeth died on 1 July 1626, and Wastell took a second wife, also named Elizabeth, who died on 17 May 1639. Wastell's will (dated 19 Aug. 1631) is printed in Northamptonshire ‘Notes and Queries’ (1894, v. 117).

WAT TYLER (d. 1381), rebel. [See .]

WATERFORD,. [See, 1468-1538.]

WATERHOUSE, EDWARD (1535–1591), chancellor of the exchequer in Ireland, the youngest son of John Waterhouse

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


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 372–379; Lodge, Cabot, 366–407 in passim; Quincy, Life of Josiah Quincy, 120–130, 138–165, 171–186; Writings of Jefferson [Ford's ed.], IX, 20Z, 227, 235–239, 244, 248–250; X, 352–354, 356; consult Channing and Hart's Guide, § 171; MacDonald's Documents, 176, 177.

16. Extract from the Answer of the Senate, January, 1809.

Resolves of Massachusetts (1809), 231–235.

,

The people of New England perfectly understand the distinction between the Constitution and the Administration. They are as sincerely attached to the former as any section of the United States. They may be put under the ban of the empire, but they have no intention of abandoning the Union. And we have the pleasure explicitly to declare our full concurrence with your Honour, "that such suggestions are not less a libel upon the great body of the New England people, than on their patriotism."

As the government of the Union is a confederation of equal and independent states with limited powers, we agree with your Honour "that it is not unbecoming any member of the Union with firmness and moderation to question the justness or policy of measures while they are pending and ripening for adoption," and we learn with concern from your Honour, "that there are stages when questions"—without even excepting questions involving unalienable rights—"can be no longer open to controversy and opposition"—"stages when an end must be put to debate and a decision thence resulting be respected by its prompt and faithful execution, or government loses its existence and the people are ruined." *** We owe it to ourselves and to the people distinctly to deny this doctrine, at once novel and pernicious.

We beg leave to observe, that those rights, which the people have not chosen to part with, should be exercised by them with delicacy—only in times of great danger—not with "distraction and confusion"—not to oppose the laws, but to prevent acts being respected as laws, which are unwarranted by the commission given to their rulers. On such occasions, passive submission,


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 of Whitechurch, Buckinghamshire, and Margaret, daughter of Henry Turner of Blunt's Hall in Suffolk, was born at Helmstedbury, Hertfordshire, in 1535. His father was sometime auditor to Henry VIII, and a family tradition relates that the king, one day visiting him, ‘gave a Benjamin's portion of dignation to this Edward, foretelling by his royal augury that he would be the crown of them all, and a man of great honour and wisdom, fit for the service of princes.’ When twelve years old Waterhouse was sent to Oxford, ‘where for some years he glistered in the oratorick and poetick sphere, until he addicted himself to conversation and observance of state affairs.’ Going to court, he found a patron in Sir Henry Sidney [q. v.], and when the latter was in 1565 appointed lord deputy of Ireland, Waterhouse accompanied him thither in the capacity of private secretary. He was made clerk of the castle chamber on 1 Feb. 1566, and about the same time received a grant of a lease of the manor of Evan in co. Kildare, together with the corn tithes of Dunboyne in co. Meath. He was devotedly attached to Sir Henry Sidney, by whom he was employed in services of a very confidential nature. He accompanied the lord deputy on his tour through the island in 1568, and, being left by him to look after Carrickfergus, he was instrumental in obtaining a charter for that town in 1570; he was in consequence created a freeman, and nominated to represent it in any parliament subsequently to be held, which he accordingly did in 1585. Waterhouse surrendered his office of clerk of the castle chamber in October 1569, and when Walter Devereux, first earl of Essex [q. v.], in 1573, embarked in a scheme for the plantation of co. Antrim, he induced Waterhouse to enter his service. He was employed by the earl in frequent missions to England connected with the sale of his property and furnishing provisions for his undertaking, and by his discretion and devotion won that unfortunate nobleman's gratitude. He attended him in his illness, and it was in his arms that the earl breathed his last, saying, ‘Oh, my Ned! oh, my Ned! Thou art the faithfullest and friendliest gentleman that ever I knew.’ Being by the failure of Essex's enterprise deprived of employment, he obtained a grant on 25 June 1576 of a pension of 10s. English a day, which was subsequently, on 26 June 1579, confirmed to him for life. He was appointed secretary of state by Sir Henry Sidney, and in 1576–9 was several times sent to England to bring over treasure and in connection with the question of cess. He was added to the commission to inquire into concealed and forfeited lands in 1578. On 5 Feb. 1579 he obtained a grant of the collectorship of customs on wine in Ireland; on 27 June he was appointed commissioner for check of the army; on 7 July receiver-general in the exchequer, and on 25th of the same month receiver of all casualties and casual profits falling to the crown. He attended the movements of the army under Sir William Drury [q. v.] in Munster from August to November that year, during the rebellion of James Fitzmaurice and Sir John Desmond, adding to his other duties that of overseeing the victualling department. Towards the latter end of October he was sworn a privy councillor; but the outbreak of the rebellion of the Earl of Desmond in November recalling him to his post with the army in Munster, his time was fully occupied for the two following years in discharging his duties as secretary, commissioner for check of the army, and overseer of the commissariat. On 17 June 1580 he obtained a grant of the office of overseer and water bailiff of the Shannon, with valuable perquisites; on 10 April 1581 he was appointed a commissioner for ecclesiastical causes, and on 22 July was granted a lease for twenty-one years of the lands of Hilltown in Meath. As he had served Essex and Sidney in all fidelity, so he served Arthur, lord Grey de Wilton, and Sir John Perrot, living at peace with all men, and all men having at one time or another a good word for him. Despite his ‘weak body,’ he was assiduous in the discharge of his numerous offices, and on 13 Jan. 1582 reported that he had collected in bonds and recognisances casualties to the amount of 100,000l. On 26 Aug. that year he obtained a grant of the castle and lands of Doonass in co. Clare, to be held in fealty, only rendering to the deputy one pair of gloves whenever he visited the castle. The rewards, more numerous than valuable, heaped upon him aroused Elizabeth's jealousy, especially that of water bailiff of the Shannon and custodian of the boats at Athlone, and in the autumn he was ordered over to England. His modest behaviour and the warm credentials he brought from Ireland won Burghley's favour, while his offer to surrender his obnoxious patent of water bailiff mollified Elizabeth, though she insisted on having a list made out of all patents, fees, &c. granted to him during the last seven years.

Returning to Ireland in April 1583, Waterhouse had in the following March the disagreeable task imposed upon him, along with Sir Geoffrey Fenton, of torturing Dermot O'Hurley [q. v.], titular archbishop


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 of Cashel, according to Burghley's directions, by toasting his feet before the fire. He was knighted by Sir John Perrot in Christ Church, Dublin, on 20 June 1584, the deputy giving as his reason for so doing the fact that he dispended yearly more than a thousand marks. Amid the general chorus of disapproval with which Perrot's expedition against the Antrim Scots was greeted, Waterhouse raised his voice in Perrot's favour. He had already given up his office of secretary of state to please Fenton; in November he surrendered his patent of water bailiff of the Shannon, and shortly afterwards, in order to gratify Sir Henry Wallop, he laid aside the execution of his office of receiver of casualties. In the quarrel between Sir John Perrot and Archbishop Loftus he played the part of peacemaker without forfeiting the respect of either. ‘I, for my part,’ wrote Loftus, ‘must needs confess myself in sort bounden unto the gentleman for his faithful assistance in the late and long contention and dislike between my Lord Deputy and me … wherein he has shown himself an earnest persuader to a more moderate course than hath been used.’ As for Perrot, while granting Waterhouse leave, ‘having been long sick and in great danger,’ to go over to England to plead his own cause, he earnestly besought Burghley to intercede for the restoration of his patent, as some slight recompense for his long and faithful service. But Elizabeth was not easily to be moved, and Waterhouse had to enter into a detailed account of all his offices and rewards, explaining that, so far from having profited by them, he had been obliged to sell land in England to the value of over 4,000l. On 19 Oct. 1586 he was appointed chancellor of the exchequer or of the green wax in Ireland, which office he surrendered to George Clive in October 1589, having by that time received a grant (7 July 1588), in consideration ‘of his sufficiency and painful good service,’ of the office of overseer, water bailiff, and keeper of the river Shannon for life. He quitted Ireland in January 1591, and, retiring to his estate of Woodchurch in Kent, died there on 13 Oct. that year.

Waterhouse married, first, Elizabeth, daughter of George Villiers, whom he divorced in 1578; secondly, Margaret Spilman of Kent; thirdly, Deborah, widow of a Mr. Harlackenden of Woodchurch, who survived him. By none had he any issue; (1619–1670) [q. v.] was his grand-nephew.

(fl. 1622), colonist, was probably his nephew, and the son of Thomas Waterhouse of Berkhampstead, Berkshire. He was for some time secretary of the Virginia Company. He was the author of ‘A Declaration of the State of the Colony and Affaires in Virginia. With a relation of the barbarous Massacre … executed by the Native Infidels upon the English on 22 March last’ (London, 1622, 4to), with a preface dated 22 Aug. 1622.

WATERHOUSE, EDWARD (1619–1670), heraldic and miscellaneous writer, born at Greenford, Middlesex, in 1619, was son of Francis Waterhouse of that place, by his wife Bridget, daughter of Morgan Powell (Gent. Mag. 1796, i. 460). Sir [q. v.] was his grand-uncle. He was educated possibly at Cambridge, of which university he graduated LL.D. per literas regias in 1668, but in the time of the Commonwealth he resided for some years at Oxford in order to pursue his studies in the Bodleian Library. In 1660 he was lodging in Sion College, London.

Soon after the passing of the second charter of the Royal Society, Waterhouse, who is described by Wood as ‘a cock-brain'd man,’ was elected a fellow (, Hist. Royal Soc. App. p. xxiii). By the persuasion of Sheldon, archbishop of Canterbury, he took holy orders in 1668, and afterwards became ‘a fantastical preacher.’ He died on 30 May 1670 at his house at Mile End Green, and was interred on 2 June at Greenford, Middlesex, where he had an estate.

He married, first, Mary, daughter and heiress of Robert Smith, alias Carrington, by Magdalen, his wife, daughter of Robert Harvey, esq., comptroller of the custom house to James I; and, secondly, Elizabeth, daughter and coheiress of Richard Bateman of Hartington, Derbyshire, and London, by Christiana, daughter of William Stone of London. Waterhouse survived his second wife, who left him one son, Edward, and two daughters, Elizabeth and Bridget. The daughters alone survived him (Sphere of Gentry, ii. 67).

His works are:
 * 1) ‘A humble Apologie for Learning and Learned Men,’ London, 1653, 8vo.
 * 2) ‘Two Brief Meditations: i. Of Magnanimitie under Crosses; ii. Of Acquaintance with God. By E. W.,’ London (5 Dec.), 1653, 8vo.


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United States Code/Title 42/Chapter 85/Section 7424

§ 7424. Assurance of adequacy of State plans CAA § 124

(a) State review of implementation plans which relate to major fuel burning sources
As expeditiously as practicable but not later than one year after August 7, 1977, each State shall review the provisions of its implementation plan which relate to major fuel burning sources and shall determine—
 * (1) the extent to which compliance with requirements of such plan is dependent upon the use by major fuel burning stationary sources of petroleum products or natural gas,
 * (2) the extent to which such plan may reasonably be anticipated to be inadequate to meet the requirements of this chapter in such State on a reliable and long-term basis by reason of its dependence upon the use of such fuels, and
 * (3) the extent to which compliance with the requirements of such plan is dependent upon use of coal or coal derivatives which is not locally or regionally available.

Each State shall submit the results of its review and its determination under this paragraph to the Administrator promptly upon completion thereof.

(b) Plan revision

 * (1) Not later than eighteen months after August 7, 1977, the Administrator shall review the submissions of the States under subsection (a) of this section and shall require each State to revise its plan if, in the judgment of the Administrator, such plan revision is necessary to assure that such plan will be adequate to assure compliance with the requirements of this chapter in such State on a reliable and long-term basis, taking into account the actual or potential prohibitions on use of petroleum products or natural gas, or both, under any other authority of law.
 * (2) Before requiring a plan revision under this subsection, with respect to any State the Administrator shall take into account the report of the review conducted by such State under paragraph (1) and shall consult with the Governor of the State respecting such required revision.


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United States Code/Title 42/Chapter 85/Section 7416

§ 7416. Retention of State authority CAA § 116

Except as otherwise provided in sections 1857c–10 (c), (e), and (f) (as in effect before August 7, 1977), 7543, 7545(c)(4), and 7573 of this title (preempting certain State regulation of moving sources) nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or abatement of air pollution; except that if an emission standard or limitation is in effect under an applicable implementation plan or under section 7411 or section 7412 of this title, such State or political subdivision may not adopt or enforce any emission standard or limitation which is less stringent than the standard or limitation under such plan or section.


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i. Of Magnanimitie under Crosses; ii. Of Acquaintance with God. By E. W.,’ London (5 Dec.), 1653, 8vo.   ‘A modest Discourse of the Piety, Charity, and Policy of Elder Times and Christians. Together with those their vertues paralleled by Christians, members of the Church of England,’ London, 1655, 8vo.  ‘A Discours and Defense of Arms and Armory, Shewing the Nature and Uses of Arms and Honour in England, from the Camp, the Court, the City, under the two latter of which are contained Universities and Inns of Court,’ London, 1660, 8vo.  ‘The Sphere of Gentry: deduced from the Principles of Nature. An Historical and Genealogical Work of Arms and Blazon, in four Books,’ London, 1661, fol. Sir William Dugdale informed Wood that this work was wholly composed by Waterhouse, though it was published under the name of [q. v.] Wood correctly describes it as ‘a rapsodical, indigested, and whimsical work,’ but it nevertheless contains much curious matter. In 1835 Thorpe, the London bookseller, sold a manuscript volume of heraldic collections by Waterhouse, entitled ‘The Sphere of Gentry,’ with arms in colours and in trick (, Cat. of Ancient Manuscripts, 1835, No. 341).  ‘Fortescutus Illustratus; or, a Commentary on Sir John Fortescue, lord chancellor to Henry VI, his book De Laudibus legum Angliæ,’ London, 1663, fol., with a fine portrait of Waterhouse by Loggan.  ‘The Gentlemans Monitor: or a Sober Inspection into the Virtues, Vices, and ordinary means of the rise and decay of Men and Families. With the authors apology and application to the Nobles and Gentry of England, seasonable for these times,’ London, 1665, 8vo. A portrait by Hertochs is prefixed.  ‘A Short Narrative of the late dreadful Fire in London: together with certain Considerations remarkable therein, and deducible therefrom’ (anon.), London, 1667, 8vo. With portrait by Hertochs. He also contributed ‘Observations on the Life of Sir Edward Waterhouse’ to Lloyd's ‘State Worthies,’ 1670.

WATERHOUSE, GEORGE (d. 1602), musician, held some appointment in Lincoln Cathedral, whence he was called to the Chapel Royal in July 1588. On 7 July 1592 he supplicated for the degree of Mus.Bac. at Oxford. His name repeatedly appears among the signatures in the cheque-book of the Chapel Royal, which records his death on 18 Feb. 1601–2.

Waterhouse devoted himself with extraordinary diligence to the favourite task of the Elizabethan composers, the construction of canons upon the plain-song ‘Miserere.’ Morley, who calls Waterhouse ‘my friend and fellow,’ justly says that he ‘for variety surpassed all who ever laboured in that kinde of study,’ and expresses a wish that the canons should be published ‘for the benefit of the world and his own perpetual glory.’ Morley made the very reasonable suggestion that Waterhouse should give a few words of explanation as heading to each canon. Probably owing to Waterhouse's death and the extent of the work, the canons were not published; and it is noteworthy that the ‘Medulla Musicke’ of William Byrd and Alfonso Ferrabosco, which also consisted of canons upon ‘Miserere,’ is known only by an entry in the ‘Stationers' Registers,’ while of John Farmer's similar work only a single imperfect copy is preserved. Two manuscript copies of Waterhouse's canons were in the possession of a certain ‘Henry Bury, clerke,’ who bequeathed them to the universities, to be ‘kept or published in print for the credit of Englishmen, and for better preserving and continewing that wonderful work.’ Bury's will seems to have been proved in 1636, but through neglect the manuscripts were not immediately delivered, and one has disappeared. The other reached [q. v.] on 1 Feb. 1648, and was deposited in the Cambridge University Library, where it is still preserved. It is an oblong quarto, containing 1,163 canons, two-in-one, the plain-song being written above each, with an explanation of the construction. The work can only be regarded as a useless monument of patience and ingenuity. The science displayed is indeed amazing, and students might perhaps benefit by a glance through what Morley calls ‘those never enough praysed travailes of M. Waterhouse, whose flowing and most sweet springs in that kind may be sufficient to quench the thirst of the most insatiate scholler whatever.’ Owing to the defective indexing of the catalogue of the Cambridge University manuscripts the volume has been overlooked (, History of English Music, pref.), and it was unknown to Rimbault and C. F. Abdy Williams. [Cheque-book of the Chapel Royal, ed. Rimbault (Camden Soc.), 1872, pp. 4, 6, 34, 60–8,


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Rh


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During the summer of 1818 the proposed volume appeared, with the following title:—

"The | Federalist, | on | the new constitution, | written in | the year 1788, | by | Mr., Mr. , and Mr. | with | an appendix, | containing | the letters of Pacificus and Helvidius, | on the proclamation of neutrality of 1793; | also, the | original articles of confederation, | and | the constitution of the United States, | with the | amendments made thereto. | A new edition. | The numbers written by Mr.  corrected by himself. | City of Washington: | Printed and published by , Jun. | 1818."


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 195; Wood's Fasti Oxon. col. 767; Williams's Musical Degrees, p. 74; Morley's Plaine and Easie Introduction to Practicall Musicke, 1597, pp. 115, 183 (reprint 1771, pp. 129, 211); Cambridge University MS. Dd. iv. 60; Davey's History of English Music, p. 197.]

WATERHOUSE, GEORGE ROBERT (1810–1888), naturalist, son of James Edward Waterhouse, solicitor's clerk, and student of entomology, by his wife, Mary Newman, was born at Somers Town on 6 March 1810. In 1821 he was sent to school at Koekelberg, near Brussels. In the summer of 1824 he returned to England, and was articled to an architect. On the expiration of his apprenticeship he for a time followed that profession, among his works being the laying out of Charles Knight's garden in the Vale of Health, Hampstead, and the designs for the ornamentation of St. Dunstan's Church.

Waterhouse inherited from his father a taste for entomology. In 1833 he and [q. v.] initiated the Entomological Society of London, Waterhouse accepting the post of honorary curator. He was its president in 1849–50.

For some time he was engaged in writing the natural history articles for Knight's ‘Penny Cyclopædia.’ In 1835 he was appointed curator to the museum of the Royal Institution at Liverpool, an appointment he exchanged in 1836 for the curatorship of the Zoological Society of London. He began at once to make a catalogue of the mammals in their museum, and completed it in the following spring. Owing to the fact that the classification he adopted did not accord with the then fashionable quinary system, his list was not published till 1838; it was followed by a supplement in 1839.

Although he declined an invitation to accompany Darwin on the celebrated voyage of the Beagle, Darwin on his return placed the mammals in Waterhouse's hands for description (Zool. Voyage of the Beagle, pt. ii. 1840), as well as the coleoptera (described in various scientific journals). In November 1843 he was appointed an assistant in the mineralogical branch of the department of natural history in the British Museum, and of this section, then styled the mineralogical and geological branch, he became keeper in 1851, while in 1857, when the two subjects were separated, he became keeper of the department of geology: that post he held till his retirement in 1880. He died at Putney on 21 Jan. 1888. He married, on 21 Dec. 1834, Elizabeth Ann, daughter of G. L. J. Griesbach of Windsor, a musician.

Waterhouse studied more especially the coleoptera, and devoted much time to the group Heteromera, for which he had at one time prepared a scheme of classification, but, owing to the loss of his notes, this was never published. His dissections made for the purpose are now in the British Museum (natural history) with the type specimens from his collection.

He began in 1844 a ‘Natural History of the Mammalia,’ which occupied his leisure time till 1848, when, chiefly owing to the outbreak of the French revolution, the publisher, M. Hippolyte Baillière, was unable to continue the work. The two volumes completed (8vo, London, 1846–48) contain the account of the Marsupialia and Rodentia, and are still considered to be among the most valuable contributions to the knowledge of these groups.

Waterhouse was a zealous curator, and it was under his auspices that the celebrated skeleton of the Archæopteryx was acquired by the nation.

Besides the works already named, Waterhouse was author of: He also assisted Agassiz with the mammalian portion of the latter's ‘Nomenclator Zoologicus’ (1842), and contributed some 120 papers on natural history subjects to various scientific journals between 1833 and 1866.
 * 1) ‘Catalogue of British Coleoptera,’ London, 1858, 8vo.
 * 2) ‘Pocket Catalogue of British Coleoptera,’ London, 1861, 8vo.

WATERLAND, DANIEL (1683–1740), theologian, second son of Henry Waterland, rector of Walesby and Flixborough, Lincolnshire, by his second wife, was born at Walesby on 14 Feb. 1682–3. He was educated at the free school, Lincoln, and Magdalene College, Cambridge, where he was admitted on 30 March 1699, and elected scholar on 26 Dec. 1702 and fellow on 13 Feb. 1703–4. He graduated B.A. in 1703 and B.D. in 1714, and proceeded M.A. in 1706 and D.D. in 1717. On 8 May 1724 he was incorporated at Oxford. Waterland was an exemplary don, devoted to tutorial work and university business. He was examiner in arts in 1710 and in the philosophical schools in 1711. In February 1712–13 he was appointed by the visitor (Lord Suffolk and Bindon) to the mastership of his college, vacant by the death of Gabriel Quadring, and presented to the rectory of Ellingham, Norfolk. At the public commencement in 1714 he held a disputation with Thomas Sher-


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United States Code/Title 42/Chapter 85/Section 7413

§ 7413. Retention of State authority CAA § 113

(a) In general

 * (1) Order to comply with SIP
 * Whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated or is in violation of any requirement or prohibition of an applicable implementation plan or permit, the Administrator shall notify the person and the State in which the plan applies of such finding. At any time after the expiration of 30 days following the date on which such notice of a violation is issued, the Administrator may, without regard to the period of violation (subject to section 2462 of title 28)—
 * (A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit,
 * (B) issue an administrative penalty order in accordance with subsection (d) of this section, or
 * (C) bring a civil action in accordance with subsection (b) of this section.
 * (2) State failure to enforce SIP or permit program
 * Whenever, on the basis of information available to the Administrator, the Administrator finds that violations of an applicable implementation plan or an approved permit program under subchapter V of this chapter are so widespread that such violations appear to result from a failure of the State in which the plan or permit program applies to enforce the plan or permit program effectively, the Administrator shall so notify the State. In the case of a permit program, the notice shall be made in accordance with subchapter V of this chapter. If the Administrator finds such failure extends beyond the 30th day after such notice (90 days in the case of such permit program), the Administrator shall give public notice of such finding. During the period beginning with such public notice and ending when such State satisfies the Administrator that it will enforce such plan or permit program (hereafter referred to in this section as “period of federally assumed enforcement”), the Administrator may enforce any requirement or prohibition of such plan or permit program with respect to any person by—
 * (A) issuing an order requiring such person to comply with such requirement or prohibition,
 * (B) issuing an administrative penalty order in accordance with subsection (d) of this section, or
 * (C) bringing a civil action in accordance with subsection (b) of this section.
 * (3) EPA enforcement of other requirements
 * Except for a requirement or prohibition enforceable under the preceding provisions of this subsection, whenever, on the basis of any information available to the Administrator, the Administrator finds that any person has violated, or is in violation of, any other requirement or prohibition of this subchapter, section 7603 of this title, subchapter IV–A, subchapter V, or subchapter VI of this chapter, including, but not limited to, a requirement or prohibition of any rule, plan, order, waiver, or permit promulgated, issued, or approved under those provisions or subchapters, or for the payment of any fee owed to the United States under this chapter (other than subchapter II of this chapter), the Administrator may—
 * (A) issue an administrative penalty order in accordance with subsection (d) of this section,
 * (B) issue an order requiring such person to comply with such requirement or prohibition,
 * (C) bring a civil action in accordance with subsection (b) of this section or section 7605 of this title, or
 * (D) request the Attorney General to commence a criminal action in accordance with subsection (c) of this section.
 * (4) Requirements for orders
 * An order issued under this subsection (other than an order relating to a violation of section 7412 of this title) shall not take effect until the person to whom it is issued has had an opportunity to confer with the Administrator concerning the alleged violation. A copy of any order issued under this subsection shall be sent to the State air pollution control agency of any State in which the violation occurs. Any order issued under this subsection shall state with reasonable specificity the nature of the violation and specify a time for compliance which the Administrator determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection (or notice to a violator under paragraph (1)) is issued to a corporation, a copy of such order (or notice) shall be issued to appropriate corporate officers. An order issued under this subsection shall require the person to whom it was issued to comply with the requirement as expeditiously as practicable, but in no event longer than one year after the date the order was issued, and shall be nonrenewable. No order issued under this subsection shall prevent the State or the Administrator from assessing any penalties nor otherwise affect or limit the State’s or the United States authority to enforce under other provisions of this chapter, nor affect any person’s obligations to comply with any section of this chapter or with a term or condition of any permit or applicable implementation plan promulgated or approved under this chapter.
 * (5) Failure to comply with new source requirements
 * Whenever, on the basis of any available information, the Administrator finds that a State is not acting in compliance with any requirement or prohibition of the chapter relating to the construction of new sources or the modification of existing sources, the Administrator may—
 * (A) issue an order prohibiting the construction or modification of any major stationary source in any area to which such requirement applies;
 * (B) issue an administrative penalty order in accordance with subsection (d) of this section, or
 * (C) bring a civil action under subsection (b) of this section.

Nothing in this subsection shall preclude the United States from commencing a criminal action under subsection (c) of this section at any time for any such violation.

(b) Civil judicial enforcement
The Administrator shall, as appropriate, in the case of any person that is the owner or operator of an affected source, a major emitting facility, or a major stationary source, and may, in the case of any other person, commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than $25,000 per day for each violation, or both, in any of the following instances:
 * (1) Whenever such person has violated, or is in violation of, any requirement or prohibition of an applicable implementation plan or permit. Such an action shall be commenced
 * (A) during any period of federally assumed enforcement, or
 * (B) more than 30 days following the date of the Administrator’s notification under subsection (a)(1) of this section that such person has violated, or is in violation of, such requirement or prohibition.
 * (2) Whenever such person has violated, or is in violation of, any other requirement or prohibition of this subchapter, section 7603 of this title, subchapter IV–A, subchapter V, or subchapter VI of this chapter, including, but not limited to, a requirement or prohibition of any rule, order, waiver or permit promulgated, issued, or approved under this chapter, or for the payment of any fee owed the United States under this chapter (other than subchapter II of this chapter).
 * (3) Whenever such person attempts to construct or modify a major stationary source in any area with respect to which a finding under subsection (a)(5) of this section has been made.

Any action under this subsection may be brought in the district court of the United States for the district in which the violation is alleged to have occurred, or is occurring, or in which the defendant resides, or where the defendant’s principal place of business is located, and such court shall have jurisdiction to restrain such violation, to require compliance, to assess such civil penalty, to collect any fees owed the United States under this chapter (other than subchapter II of this chapter) and any noncompliance assessment and nonpayment penalty owed under section 7420 of this title, and to award any other appropriate relief. Notice of the commencement of such action shall be given to the appropriate State air pollution control agency. In the case of any action brought by the Administrator under this subsection, the court may award costs of litigation (including reasonable attorney and expert witness fees) to the party or parties against whom such action was brought if the court finds that such action was unreasonable.

(c) Criminal penalties

 * (1) Any person who knowingly violates any requirement or prohibition of an applicable implementation plan (during any period of federally assumed enforcement or more than 30 days after having been notified under subsection (a)(1) of this section by the Administrator that such person is violating such requirement or prohibition), any order under subsection (a) of this section, requirement or prohibition of section 7411 (e) of this title (relating to new source performance standards), section 7412 of this title, section 7414 of this title (relating to inspections, etc.), section 7429 of this title (relating to solid waste combustion), section 7475 (a) of this title (relating to preconstruction requirements), an order under section 7477 of this title (relating to preconstruction requirements), an order under section 7603 of this title (relating to emergency orders), section 7661a (a) or 7661b (c) of this title (relating to permits), or any requirement or prohibition of subchapter IV–A of this chapter (relating to acid deposition control), or subchapter VI of this chapter (relating to stratospheric ozone control), including a requirement of any rule, order, waiver, or permit promulgated or approved under such sections or subchapters, and including any requirement for the payment of any fee owed the United States under this chapter (other than subchapter II of this chapter) shall, upon conviction, be punished by a fine pursuant to title 18 or by imprisonment for not to exceed 5 years, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
 * (2) Any person who knowingly—
 * (A) makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, plan, or other document required pursuant to this chapter to be either filed or maintained (whether with respect to the requirements imposed by the Administrator or by a State);
 * (B) fails to notify or report as required under this chapter; or
 * (C) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained or followed under this chapter
 * shall, upon conviction, be punished by a fine pursuant to title 18 or by imprisonment for not more than 2 years, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
 * (3) Any person who knowingly fails to pay any fee owed the United States under this subchapter, subchapter III, IV–A, V, or VI of this chapter shall, upon conviction, be punished by a fine pursuant to title 18 or by imprisonment for not more than 1 year, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
 * (4) Any person who negligently releases into the ambient air any hazardous air pollutant listed pursuant to section 7412 of this title or any extremely hazardous substance listed pursuant to section 11002 (a)(2) of this title that is not listed in section 7412 of this title, and who at the time negligently places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine under title 18 or by imprisonment for not more than 1 year, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
 * (5)
 * (A) Any person who knowingly releases into the ambient air any hazardous air pollutant listed pursuant to section 7412 of this title or any extremely hazardous substance listed pursuant to section 11002 (a)(2) of this title that is not listed in section 7412 of this title, and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury shall, upon conviction, be punished by a fine under title 18 or by imprisonment of not more than 15 years, or both. Any person committing such violation which is an organization shall, upon conviction under this paragraph, be subject to a fine of not more than $1,000,000 for each violation. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment. For any air pollutant for which the Administrator has set an emissions standard or for any source for which a permit has been issued under subchapter V of this chapter, a release of such pollutant in accordance with that standard or permit shall not constitute a violation of this paragraph or paragraph (4).
 * (B) In determining whether a defendant who is an individual knew that the violation placed another person in imminent danger of death or serious bodily injury—
 * (i) the defendant is responsible only for actual awareness or actual belief possessed; and
 * (ii) knowledge possessed by a person other than the defendant, but not by the defendant, may not be attributed to the defendant;
 * except that in proving a defendant’s possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to be shielded from relevant information.
 * (C) It is an affirmative defense to a prosecution that the conduct charged was freely consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of—
 * (i) an occupation, a business, or a profession; or
 * (ii) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person had been made aware of the risks involved prior to giving consent.
 * The defendant may establish an affirmative defense under this subparagraph by a preponderance of the evidence.
 * (D) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under subparagraph (A) of this paragraph and shall be determined by the courts of the United States according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience.
 * (E) The term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
 * (F) The term “serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
 * (6) For the purpose of this subsection, the term “person” includes, in addition to the entities referred to in section 7602 (e) of this title, any responsible corporate officer.

(d) Administrative assessment of civil penalties

 * (1) The Administrator may issue an administrative order against any person assessing a civil administrative penalty of up to $25,000, per day of violation, whenever, on the basis of any available information, the Administrator finds that such person—
 * (A) has violated or is violating any requirement or prohibition of an applicable implementation plan (such order shall be issued
 * (i) during any period of federally assumed enforcement, or
 * (ii) more than thirty days following the date of the Administrator’s notification under subsection (a)(1) of this section of a finding that such person has violated or is violating such requirement or prohibition); or
 * (B) has violated or is violating any other requirement or prohibition of this subchapter or subchapter III, IV–A, V, or VI of this chapter, including, but not limited to, a requirement or prohibition of any rule, order, waiver, permit, or plan promulgated, issued, or approved under this chapter, or for the payment of any fee owed the United States under this chapter (other than subchapter II of this chapter); or
 * (C) attempts to construct or modify a major stationary source in any area with respect to which a finding under subsection (a)(5) of this section has been made.
 * The Administrator’s authority under this paragraph shall be limited to matters where the total penalty sought does not exceed $200,000 and the first alleged date of violation occurred no more than 12 months prior to the initiation of the administrative action, except where the Administrator and the Attorney General jointly determine that a matter involving a larger penalty amount or longer period of violation is appropriate for administrative penalty action. Any such determination by the Administrator and the Attorney General shall not be subject to judicial review.
 * (2)
 * (A) An administrative penalty assessed under paragraph (1) shall be assessed by the Administrator by an order made after opportunity for a hearing on the record in accordance with sections 554 and 556 of title 5. The Administrator shall issue reasonable rules for discovery and other procedures for hearings under this paragraph. Before issuing such an order, the Administrator shall give written notice to the person to be assessed an administrative penalty of the Administrator’s proposal to issue such order and provide such person an opportunity to request such a hearing on the order, within 30 days of the date the notice is received by such person.
 * (B) The Administrator may compromise, modify, or remit, with or without conditions, any administrative penalty which may be imposed under this subsection.
 * (3) The Administrator may implement, after consultation with the Attorney General and the States, a field citation program through regulations establishing appropriate minor violations for which field citations assessing civil penalties not to exceed $5,000 per day of violation may be issued by officers or employees designated by the Administrator. Any person to whom a field citation is assessed may, within a reasonable time as prescribed by the Administrator through regulation, elect to pay the penalty assessment or to request a hearing on the field citation. If a request for a hearing is not made within the time specified in the regulation, the penalty assessment in the field citation shall be final. Such hearing shall not be subject to section 554 or 556 of title 5, but shall provide a reasonable opportunity to be heard and to present evidence. Payment of a civil penalty required by a field citation shall not be a defense to further enforcement by the United States or a State to correct a violation, or to assess the statutory maximum penalty pursuant to other authorities in the chapter, if the violation continues.
 * (4) Any person against whom a civil penalty is assessed under paragraph (3) of this subsection or to whom an administrative penalty order is issued under paragraph (1) of this subsection may seek review of such assessment in the United States District Court for the District of Columbia or for the district in which the violation is alleged to have occurred, in which such person resides, or where such person’s principal place of business is located, by filing in such court within 30 days following the date the administrative penalty order becomes final under paragraph (2), the assessment becomes final under paragraph (3), or a final decision following a hearing under paragraph (3) is rendered, and by simultaneously sending a copy of the filing by certified mail to the Administrator and the Attorney General. Within 30 days thereafter, the Administrator shall file in such court a certified copy, or certified index, as appropriate, of the record on which the administrative penalty order or assessment was issued. Such court shall not set aside or remand such order or assessment unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the order or penalty assessment constitutes an abuse of discretion. Such order or penalty assessment shall not be subject to review by any court except as provided in this paragraph. In any such proceedings, the United States may seek to recover civil penalties ordered or assessed under this section.
 * (5) If any person fails to pay an assessment of a civil penalty or fails to comply with an administrative penalty order—
 * (A) after the order or assessment has become final, or
 * (B) after a court in an action brought under paragraph (4) has entered a final judgment in favor of the Administrator,
 * the Administrator shall request the Attorney General to bring a civil action in an appropriate district court to enforce the order or to recover the amount ordered or assessed (plus interest at rates established pursuant to section 6621 (a)(2) of title 26 from the date of the final order or decision or the date of the final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such order or assessment shall not be subject to review. Any person who fails to pay on a timely basis a civil penalty ordered or assessed under this section shall be required to pay, in addition to such penalty and interest, the United States enforcement expenses, including but not limited to attorneys fees and costs incurred by the United States for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be 10 percent of the aggregate amount of such person’s outstanding penalties and nonpayment penalties accrued as of the beginning of such quarter.

(e) Penalty assessment criteria

 * (1) In determining the amount of any penalty to be assessed under this section or section 7604 (a) of this title, the Administrator or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator’s full compliance history and good faith efforts to comply, the duration of the violation as established by any credible evidence (including evidence other than the applicable test method), payment by the violator of penalties previously assessed for the same violation, the economic benefit of noncompliance, and the seriousness of the violation. The court shall not assess penalties for noncompliance with administrative subpoenas under section 7607 (a) of this title, or actions under section 7414 of this title, where the violator had sufficient cause to violate or fail or refuse to comply with such subpoena or action.
 * (2) A penalty may be assessed for each day of violation. For purposes of determining the number of days of violation for which a penalty may be assessed under subsection (b) or (d)(1) of this section, or section 7604 (a) of this title, or an assessment may be made under section 7420 of this title, where the Administrator or an air pollution control agency has notified the source of the violation, and the plaintiff makes a prima facie showing that the conduct or events giving rise to the violation are likely to have continued or recurred past the date of notice, the days of violation shall be presumed to include the date of such notice and each and every day thereafter until the violator establishes that continuous compliance has been achieved, except to the extent that the violator can prove by a preponderance of the evidence that there were intervening days during which no violation occurred or that the violation was not continuing in nature.

(f) Awards
The Administrator may pay an award, not to exceed $10,000, to any person who furnishes information or services which lead to a criminal conviction or a judicial or administrative civil penalty for any violation of this subchapter or subchapter III, IV–A, V, or VI of this chapter enforced under this section. Such payment is subject to available appropriations for such purposes as provided in annual appropriation Acts. Any officer, or employee of the United States or any State or local government who furnishes information or renders service in the performance of an official duty is ineligible for payment under this subsection. The Administrator may, by regulation, prescribe additional criteria for eligibility for such an award.

(g) Settlements; public participation
At least 30 days before a consent order or settlement agreement of any kind under this chapter to which the United States is a party (other than enforcement actions under this section, section 7420 of this title, or subchapter II of this chapter, whether or not involving civil or criminal penalties, or judgments subject to Department of Justice policy on public participation) is final or filed with a court, the Administrator shall provide a reasonable opportunity by notice in the Federal Register to persons who are not named as parties or intervenors to the action or matter to comment in writing. The Administrator or the Attorney General, as appropriate, shall promptly consider any such written comments and may withdraw or withhold his consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this chapter. Nothing in this subsection shall apply to civil or criminal penalties under this chapter.

(h) Operator
For purposes of the provisions of this section and section 7420 of this title, the term “operator”, as used in such provisions, shall include any person who is senior management personnel or a corporate officer. Except in the case of knowing and willful violations, such term shall not include any person who is a stationary engineer or technician responsible for the operation, maintenance, repair, or monitoring of equipment and facilities and who often has supervisory and training duties but who is not senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of subsection (c)(4) of this section, the term “a person” shall not include an employee who is carrying out his normal activities and who is not a part of senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of paragraphs (1), (2), (3), and (5) of subsection (c) of this section the term “a person” shall not include an employee who is carrying out his normal activities and who is acting under orders from the employer.


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 [q. v.] on the question of Arian subscription. On 14 Nov. 1715 he succeeded Sherlock as vice-chancellor of the university. In 1716 he preached the sermon on occasion of the university's public thanksgiving (7 June) for the suppression of the rebellion, and on 22 Oct. presented to the Prince of Wales at Hampton Court an address of congratulation upon the event. In the following year he was appointed chaplain in ordinary to the king. The unauthorised publication of a correspondence which had passed between him and (1686–1763) [q. v.] on the Arian tendency of Dr. Samuel Clarke's ‘Scripture Doctrine of the Trinity’ drew from Waterland ‘A Vindication of Christ's Divinity,’ Cambridge, 1719, 8vo, in which he attacked not only Clarke, but [q. v.] Whitby replied, and Waterland published an ‘Answer’ to his reply, Cambridge, 1720, 8vo. The learning and acumen which he displayed in this controversy marked him out as the true successor of Bishop [q. v.], and caused him to be selected as the first lecturer on Lady Moyer's foundation. The ‘Eight Sermons in Defence of the Divinity of our Lord Jesus Christ’ preached by him in this capacity in St. Paul's Cathedral, and published at Cambridge in 1720, 8vo, possess a value independent of the polemics in which they originated, and were reprinted at Oxford in 1815.

Waterland joined in the censure passed by the heads of houses in January 1720–1 on Bentley's libel on (1664–1748) [q. v.] In 1721 he was presented by the dean and chapter of St. Paul's to the London rectory of St. Austin and St. Faith. On 21 Dec. 1722 he was appointed by Archbishop Dawes chancellor of the diocese of York. He took an active part in the final stage of the struggle with Bentley, being a member of the syndicate appointed on 26 Sept. 1723 to take such steps as might be advisable for the purpose of defeating or delaying his restoration. In the same year appeared his ‘Critical History of the Athanasian Creed’ (Cambridge, 8vo), in which, upon an exhaustive review of the then accessible evidence, he assigned that symbol to the decade 430–40, and its composition to St. Hilary of Arles. The importance of the work was at once recognised, and a second edition was issued in 1728. Reprints appeared at London in 1850, 12mo, and at Oxford, edited by John Richard King, in 1870, 8vo (for criticism of Waterland's argument see, History of the Creeds, 3rd ed. 1887).

A Windsor canonry was added to Waterland's preferments on 27 Sept. 1727, and in 1730 the archdeaconry of Middlesex (13 Aug.) and the vicarage of Twickenham (October), upon which he resigned his London rectory. He now engaged in the deistical controversy with ‘Scripture Vindicated’ (Cambridge, 1730–2, 3 pts. 8vo), a reply to Matthew Tindal's ‘Christianity as Old as the Creation’ [see ].

To Bishop Law's ‘Enquiry into the Ideas of Space, Time, Immensity, and Eternity’ (1734), Waterland contributed by way of appendix ‘A Dissertation upon the Argument a priori for proving the Existence of a First Cause,’ in which, with special reference to Clarke, he essayed to dispose of the ontological argument in the supposed interests of orthodoxy. ‘The Importance of the Doctrine of the Holy Trinity Asserted,’ London, 1734, 8vo; 3rd ed. Cambridge, 1800; and ‘Review of the Doctrine of the Eucharist as laid down in Scripture and Antiquity,’ Cambridge, 1737, 8vo, complete the list of Waterland's majora opera. A reprint of the latter treatise appeared at Oxford in 1868, 8vo; new ed. 1896.

Waterland declined in 1734 the office of prolocutor to the lower house of convocation, as also at a later date (December 1738 or May 1740) the see of Llandaff. He died without issue on 23 Dec. 1740. His remains were interred in the south transept of St. George's Chapel, Windsor. In 1719 he married Theodosia (d. 8 Dec. 1761), daughter of John Tregonwell of Anderton, Dorset.

Waterland did more than any other divine of his generation to check the advance of latitudinarian ideas within the church of England. His deep and accurate learning and his command of nervous and perspicuous English rendered him unusually formidable as a controversialist. Of mysticism and philosophy he was suspicious, and was therefore reduced to rest the defence of Christianity entirely on external evidence.

His minor works include, besides sermons and charges: ‘The Case of Arian Subscription Considered,’ Cambridge, 1721, 8vo. ‘A Supplement to the Case of Arian Subscription Considered,’ London, 1722, 8vo [see ]. ‘The Scriptures and the Arians compared in their accounts of God the Father and God the Son,’ London, 1722, 8vo. ‘A Second Vindication of Christ's Divinity,’ London, 1723, 8vo. ‘A Further Vindication of Christ's Divinity,’ London, 1724, 8vo [see, (1675–1729)]. ‘Remarks upon Dr. Clarke's Exposition of the Church Catechism,’ London, 1730, 8vo [see ; and -


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United States Code/Title 42/Chapter 85/Section 7414

§ 7414. Recordkeeping, inspections, monitoring, and entry CAA § 114

(a) Authority of Administrator or authorized representative
For the purpose
 * (i) of developing or assisting in the development of any implementation plan under section 7410 or section 7411 (d) of this title, any standard of performance under section 7411 of this title, any emission standard under section 7412 of this title,, or any regulation of solid waste combustion under section 7429 of this title, or any regulation under section 7429 of this title (relating to solid waste combustion),
 * (ii) of determining whether any person is in violation of any such standard or any requirement of such a plan, or
 * (iii) carrying out any provision of this chapter (except a provision of subchapter II of this chapter with respect to a manufacturer of new motor vehicles or new motor vehicle engines)—
 * (1) the Administrator may require any person who owns or operates any emission source, who manufactures emission control equipment or process equipment, who the Administrator believes may have information necessary for the purposes set forth in this subsection, or who is subject to any requirement of this chapter (other than a manufacturer subject to the provisions of section 7525 (c) or 7542 of this title with respect to a provision of subchapter II of this chapter) on a one-time, periodic or continuous basis to—
 * (A) establish and maintain such records;
 * (B) make such reports;
 * (C) install, use, and maintain such monitoring equipment, and use such audit procedures, or methods;
 * (D) sample such emissions (in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Administrator shall prescribe);
 * (E) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;
 * (F) submit compliance certifications in accordance with subsection (a)(3) of this section; and
 * (G) provide such other information as the Administrator may reasonably require; and
 * (2) the Administrator or his authorized representative, upon presentation of his credentials—
 * (A) shall have a right of entry to, upon, or through any premises of such person or in which any records required to be maintained under paragraph (1) of this section are located, and
 * (B) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under paragraph (1), and sample any emissions which such person is required to sample under paragraph (1).
 * (3) The Administrator shall in the case of any person which is the owner or operator of a major stationary source, and may, in the case of any other person, require enhanced monitoring and submission of compliance certifications. Compliance certifications shall include
 * (A) identification of the applicable requirement that is the basis of the certification,
 * (B) the method used for determining the compliance status of the source,
 * (C) the compliance status,
 * (D) whether compliance is continuous or intermittent,
 * (E) such other facts as the Administrator may require. Compliance certifications and monitoring data shall be subject to subsection (c) of this section. Submission of a compliance certification shall in no way limit the Administrator’s authorities to investigate or otherwise implement this chapter. The Administrator shall promulgate rules to provide guidance and to implement this paragraph within 2 years after November 15, 1990.

(b) State enforcement

 * (1) Each State may develop and submit to the Administrator a procedure for carrying out this section in such State. If the Administrator finds the State procedure is adequate, he may delegate to such State any authority he has to carry out this section.
 * (2) Nothing in this subsection shall prohibit the Administrator from carrying out this section in a State.

(c) Availability of records, reports, and information to public; disclosure of trade secrets
Any records, reports or information obtained under subsection (a) of this section shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof, (other than emission data) to which the Administrator has access under this section if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.

(d) Notice of proposed entry, inspection, or monitoring

 * (1) In the case of any emission standard or limitation or other requirement which is adopted by a State, as part of an applicable implementation plan or as part of an order under section 7413 (d) of this title, before carrying out an entry, inspection, or monitoring under paragraph (2) of subsection (a) of this section with respect to such standard, limitation, or other requirement, the Administrator (or his representatives) shall provide the State air pollution control agency with reasonable prior notice of such action, indicating the purpose of such action. No State agency which receives notice under this paragraph of an action proposed to be taken may use the information contained in the notice to inform the person whose property is proposed to be affected of the proposed action. If the Administrator has reasonable basis for believing that a State agency is so using or will so use such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency will no longer so use information contained in a notice under this paragraph. Nothing in this section shall be construed to require notification to any State agency of any action taken by the Administrator with respect to any standard, limitation, or other requirement which is not part of an applicable implementation plan or which was promulgated by the Administrator under section 7410 (c) of this title.
 * (2) Nothing in paragraph (1) shall be construed to provide that any failure of the Administrator to comply with the requirements of such paragraph shall be a defense in any enforcement action brought by the Administrator or shall make inadmissible as evidence in any such action any information or material obtained notwithstanding such failure to comply with such requirements.


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 ]. ‘The Nature, Obligation, and Efficacy of the Christian Sacraments Considered,’ London, 1730, 8vo. ‘Supplement’ to the foregoing tract published the same year. ‘Advice to a Young Student,’ London, 1730; 3rd ed. Cambridge, 1760; London, 1761. ‘Regeneration Stated and Explained,’ London, 1740, 1780, 8vo. ‘A Summary View of the Doctrine of Justification.’ ‘An Inquiry concerning the Antiquity of the Practice of Infant Communion.’ The two last tracts first appeared posthumously with Waterland's ‘Sermons,’ ed. J. Clarke, London, 1742, 2 vols. 8vo; 2nd ed. 1776.

A collective edition of Waterland's works, with engraved portrait and a review of his life and writings by [q. v.], bishop of Llandaff, appeared at Oxford in 1823, 10 vols. 8vo. The last volume is chiefly made up of letters, to which may be added ‘Fourteen Letters to Zachary Pearce,’ ed. Edward Churton, Oxford, 1868, 8vo, and ‘Five Letters to William Staunton,’ appended to the latter's ‘Reason and Revelation Stated,’ London, 1722, 8vo. Four letters to the elder [q. v.] are in Stowe MS. 749, ff. 273–49.

WATERS, JOHN (1774–1842), lieutenant-general, was born in 1774 at Tyfry, near Welsh St. Donats, Glamorganshire. His grandfather, Edward Waters of Pittcott, was high sheriff of Glamorganshire in 1754. His father, whose name is not ascertained, died young, leaving a large family. The Marquis of Bute obtained a commission for the son in the 1st (royal Scots) foot on 2 Aug. 1797. He joined the second battalion in Portugal, and served with it in the expedition to the Helder in 1799, and the expedition to Egypt in 1801. He had become lieutenant on 15 Feb. 1799, and in reward for his conduct during the mutiny at Gibraltar in 1802 the Duke of Kent obtained a company for him in the York rangers on 24 Sept. 1803. He remained, however, with the royal Scots, and went with it to the West Indies. On 28 Feb. 1805 he was promoted captain in that regiment, to which two new battalions had been added, and soon afterwards he returned to England.

In August 1808, owing to the Duke of Kent's recommendation, he was made aide-de-camp to Brigadier (afterwards third Marquis of Londonderry) [q. v.] He went with him to Portugal, and served in Moore's campaign. Sent out to obtain intelligence of the French movements in December, he bought from the Spaniards at Valdestillas an intercepted despatch from Berthier to Soult, which gave Moore most important information, and at once altered his plans. He was promoted major on 16 Feb. 1809, and was attached to the Portuguese army (with the local rank of lieutenant-colonel), but employed on intelligence duties. Wellington wrote of him on 26 Oct., when he was going home for a time with Stewart: ‘He has made himself extremely useful to the British army by his knowledge of the languages of Spain and Portugal, by his intelligence and activity. I have employed him in several important affairs, which he has always transacted in a manner satisfactory to me; and his knowledge of the language and customs of the country has induced me to send him generally with the patrols employed to ascertain the position of the enemy, in which services he has acquitted himself most ably.’ He wished to have him definitely placed on his staff. The most conspicuous instance of his serviceableness was at the passage of the Douro on 12 May. The French had broken the bridge and removed the boats, and they had ten thousand men on the opposite bank. ‘Colonel Waters, a quick, daring man, discovered a poor barber who had come over the river with a small skiff the previous night; and these two being joined by the prior of Aramante, who gallantly offered his services, crossed the water unperceived, and returned in half an hour with three large barges’ (, bk. vii. chap. ii.). In these barges the first troops passed.

On 3 April 1811, before the action of Sabugal began, Waters was made prisoner. ‘He had crossed the Coa to reconnoitre the enemy's position, as had been frequently his practice, without having with him any escort, and he was surrounded by some hussars and taken. He had rendered very important services upon many occasions in the last two years, and his loss is sensibly felt’ (Wellington to Lord Liverpool, 9 April 1811, Despatches, vii. 433). He refused his


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 would, on the part of the people, be a breach of their allegiance, and on our part treachery and perjury. For the people are bound by their allegiance, and we are additionally bound by our oaths to support the Constitution of the State—and we are responsible to the people, and to our God, for the faithful execution of the trust.

But your Honour is pleased to observe, that "the union have their favorite projects—states, towns and individuals have theirs" and to inquire whether "thus jarring with augmented resentments we are to rush together in ruinous collisions."

Can it be necessary to remind your Honour that the aggressor is responsible for all the consequences, which you have been pleased so pathetically to describe? That the people have not sent us here to surrender their rights but to maintain and defend them?—and, that we have no authority to dispense with the duties thus solemnly imposed:

We most heartily concur with your Honour, "that there is a point in national sensibility, as in the feelings of men, where patience and submission end." And when that crisis shall arrive your Honour may rest assured that the people of New England "will (as you have been pleased to say) rally round the national constitution." But, Sir they will not "cling" to an administration which has brought them to the brink of destruction—they will not "keep their hold in the extremity of its exit," nor "sink with it into the frightful abyss." No, Sir! The people of Massachusetts will not willingly become the victims of fruitless experiment.

17. Extracts from the Answer of the House.

Resolves of Massachusetts (1809), 236–242.

,

We are unwilling to believe that any division of sentiment can exist among the New England States or their inhabitants as to the obvious infringement of rights secured to them by the Constitution of the United States; and still more so that any man can he weak or wicked enough to construe a disposition to


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 parole, and was sent to Salamanca under a guard of four gendarmes. He was better mounted than they, and, having watched his opportunity, he put spurs to his horse. He was on a wide plain, with French troops before and behind him; and as he rode along their flank some encouraged, others fired at him. Passing between two of their columns he gained a wooded hollow, and baffled his pursuers. Two days afterwards he reached the British headquarters, ‘where Lord Wellington, knowing his resolute, subtle character, had caused his baggage to be brought, observing that he would not be long absent’ (, book xii. ch. 5). On 15 April Wellington appointed him (subject to confirmation) an assistant adjutant-general, and on 30 May he was made brevet lieutenant-colonel.

He served throughout the war, being present at Talavera, Busaco, Ciudad Rodrigo, Badajoz, Salamanca, Vittoria, the battles of the Pyrenees (during which he was wounded while speaking to Wellington), the Nivelle and Nive, Orthes and Toulouse. At Badajoz and Salamanca he acted as adjutant-general, and was mentioned in Wellington's Salamanca despatch. He received the gold cross with four clasps, and was made C.B. in 1815. He was at Waterloo, and again acted as adjutant-general after Sir Edward Barnes was wounded, and signed the returns of the battle, though he was himself wounded also. He received the Russian order of St. Anne (2nd class). After being for a time on half-pay, he became captain and lieutenant-colonel in the Coldstream guards on 15 May 1817. He was promoted colonel on 19 July 1821, and was again placed on half-pay on 15 Feb. 1827. He became major-general on 22 July 1830, was made captain of Yarmouth Castle, Isle of Wight, on 22 April 1831, and K.C.B. on 1 March 1832. He was given the colonelcy of the 81st foot on 15 June 1840, and was promoted lieutenant-general on 23 Nov. 1841. He died in London on 21 Nov. 1842, at the age of sixty-eight, and was buried at Kensal Green.

WATERS, LUCY (1630?-1658), mother of the Duke of Monmouth. [See .]

WATERTON, CHARLES (1782–1865), naturalist, eldest son of Thomas Waterton and his wife Anne, daughter of Sir Henry Bedingfeld of Oxburgh in Norfolk, was born at the family seat of Walton Hall in Yorkshire on 3 June 1782. His family was one of the most ancient in the north of England, and, besides having the honour of mention in Shakespeare (‘Richard II,’ act ii. sc. 1), his ancestors distinguished themselves at Agincourt and at Marston Moor, after which battle Mrs. Waterton held Walton Hall for the king against the attack of a parliamentary force.

Charles was educated as a Roman catholic, and in 1792 was sent to a school kept at Tudhoe, four miles from Durham, by a priest named Arthur Storey. He wrote for a cousin, George Waterton, some amusing recollections of the discipline and events of his school-days (, Life, p. 9). In 1796 he was sent to Stonyhurst College in Lancashire, and remained there till 1800. His master, Father Clifford, advised him never to drink wine or spirits, and having made in 1798 a promise to follow this advice, he kept it throughout life. He always retained a warm affection for the jesuits, and visited Stonyhurst nearly every year. In 1802 he went to Cadiz and thence to Malaga, where he stayed for more than a year with two maternal uncles who had settled in Spain, and witnessed the great fever epidemic, known as the plague of Malaga. He returned in 1803, and enjoyed a season's hunting in Yorkshire, but his health was not good, and he decided to try a warm climate, and visit some family estates in Demerara. On the way he visited his uncle, Sir John Bedingfeld, in London, and they dined with Sir Joseph Banks, who became a firm friend of Waterton. He sailed from Portsmouth on 29 Nov. 1804, and, after a voyage of six weeks, landed at Stabroek, now George Town, in what had just become British Guiana. He stayed till 1813, with occasional visits to England, managing the estates, a duty which he gave up in April 1812, and then started on an expedition into the forests with the object of obtaining some of the wourali or arrow poison of the Indians, then thought likely to be a remedy for hydrophobia. On this occasion he penetrated to the savannahs on the frontiers of Brazil. He was successful in his quest, but illness obliged him to return home, and a severe tertian fever forced him to decline in May 1813 a commission from Lord Bathurst, then secretary of state for the colonies, to explore Madagascar. In March 1816 he sailed from Liverpool for Pernambuco, and there collected the birds of the district, went on to Cayenne, and thence to Demerara, where he spent six months in the forest observing birds and beasts. At the end of 1817 he visited Rome, and, with an old schoolfellow, climbed to the top of the lightning conductor of St. Peter's,


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Rh Christ was a chronometer; and the most exquisitely adjusted and exact one, and the least affected by all terrestrial jarrings, of any that have ever come to us. And the reason why his teachings seemed folly to the Jews, was because he carried that Heaven's time in Jerusalem, while the Jews carried Jerusalem time there. Did he not expressly say—My wisdom (time) is not of this world? But whatever is really peculiar in the wisdom of Christ seems precisely the same folly to-day as it did 1850 years ago. Because, in all that interval his bequeathed chronometer has still preserved its original Heaven's time, and the general Jerusalem of this world has likewise carefully preserved its own.

'But though the chronometer carried from Greenwich to China, should truly exhibit in China what the time may be at Greenwich at any moment; yet, though thereby it must necessarily contradict China time, it does by no means thence follow, that with respect to China, the China watches are at all out of the way. Precisely the reverse. For the fact of that variance is a presumption that, with respect to China, the Chinese watches must be all right; and consequently as the China watches are right as to China, so the Greenwich chronometers must be wrong as to China. Besides, of what use to the Chinaman would a Greenwich chronometer, keeping Greenwich time, be? Were he thereby to regulate his daily actions, he would be guilty of all manner of absurdities:—going to bed at noon, say, when his neighbours would be sitting down to dinner. And thus, though the earthly wisdom of man be heavenly folly to God; so also, conversely, is the heavenly wisdom of God an earthly folly to man. Literally speaking, this is so. Nor does the God at the heavenly Greenwich expect common men to keep Greenwich wisdom in this remote Chinese world of ours; because such a thing were unprofitable for them here, and, indeed,

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 and stood on the head of the angel which surmounted the castle of St. Angelo.

Waterton succeeded to the estate of Walton Hall in 1806, and made it his home for most of his remaining life. The house, which was built in the eighteenth century in the place of a more ancient structure, stood on an island in a lake of about thirty acres, surrounded by a well-wooded park. He enclosed the park with a wall nine feet high, and allowed no guns to be fired within it. It thus became a safe retreat for all the species of birds known in the district, and in winter many species of waterfowl frequented the lake. In January 1865 there were visible on the lake, within view of one window of Walton Hall, 1640 wild duck, widgeon, teal, and pochard, 30 coots, and 28 Canada geese. In February 1820 Waterton went to Demerara again, and passed into the interior by the river Essequibo. He remained eleven months in the forest, and collected 230 birds, two land tortoises, five armadillos, two large serpents, a sloth, an antbear, and a cayman. This last was caught by a bait on a four-barbed wooden hook made by an Indian. It was then dragged out of the water by seven men, while Waterton himself knelt on the beach with the canoe mast in his hand. When the cayman was within two yards of him he threw down the mast and jumped on its back, seizing the forelegs to hold on by. The reptile was drawn further up, with Waterton on his back, the jaws were tied up and the throat cut, the object of the adventure, the securing of an uninjured skin, being thus attained. On his return to Liverpool after this voyage Waterton's specimens were made to pay a duty of twenty per cent. after a long detention, which killed several eggs which he had brought with the object of rearing the tinamou in England, and caused him much just irritation.

The perusal of Wilson's ‘Ornithology of the United States’ made him wish to visit that country, and he sailed to New York in the early summer of 1824, travelled in Canada and the United States, had his portrait painted by Titian Peale in Philadelphia, visited several of the West Indian Islands, at last landed in Demerara, and proceeded into the forest some two hundred miles up the river. Here he studied the habits of the jacamars, the red grosbeak, the sunbird, the tinamous, and the humming-birds, as well as of vampires, sloths, and monkeys. It was his last stay in the forests, and he sailed for England in December 1824. In 1825 he published an account of these four journeys in a quarto volume, entitled ‘Wanderings in South America, the North-west of the United States, and the Antilles in the years 1812, 1816, 1820, and 1824.’ A large octavo edition was published in 1828. The ‘Wanderings’ were widely read, and the book obtained a permanent place in English literature. Sydney Smith reviewed it in the ‘Edinburgh Review’ (February 1826) in a kindly and entertaining article. Waterton's descriptions are concise and exact, so that it would be possible to identify all the species which he mentions; but his aim was not to draw up a museum catalogue, but to write his observations in a readable form. His favourite English prose writer was Sterne, whose influence is often to be traced in his manner of expression. To the travels are appended ‘original instructions for the perfect preservation of birds, &c., for cabinets of natural history,’ and in accordance with this method Waterton prepared all the specimens he had brought home, and arranged them on the staircase of Walton Hall. The method of preparation was to soak the whole skin in an alcoholic solution of perchloride of mercury, to keep this moist, and to model the form from the interior, letting it harden when finished. Internal stuffing was thus rendered unnecessary, and admirable results were obtained. The frontispiece of the ‘Wanderings’ represents a human face made from that of a red monkey by this kind of modelling.

In 1829 he was married in the chapel of the English convent in Bruges to Anne, daughter of Charles Edmonstone of Cardross, at whose house in Demerara he had often stayed. She died a little more than a year after the marriage, leaving an infant son, Edmund (see below). Waterton placed a picture of St. Catharine of Alexandria, which resembled his wife, over the mantelpiece of the room in which he usually sat, and to the end of his life often fixed his eyes upon it as he sat by the fire. His wife's two sisters thenceforward kept house for him. In 1838 he published a volume of ‘Essays in Natural History,’ in 1844 a second series, and in 1857 a third. Each was preceded by a portion of autobiography. A few of the essays are on tropical subjects, but the majority are on English birds and wild animals, and they belong to the same kind of literature as Gilbert White's ‘Natural History of Selborne,’ and are not inferior to it in the quality of their observations. Several of the essays first appeared in Loudon's ‘Magazine of Natural History.’ He spent the winter of 1840–1841 in Rome, where he attended mass every morning at four in the church of the Gesù, made many ornithological observations, and prepared examples of most of the birds of the district. In later years he often visited Aix-la-Chapelle, generally went to Scarborough


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United States Code/Title 42/Chapter 85/Section 7415

§ 7415. International air pollution CAA § 115

(a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States
Whenever the Administrator, upon receipt of reports, surveys or studies from any duly constituted international agency has reason to believe that any air pollutant or pollutants emitted in the United States cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate.

(b) Prevention or elimination of endangerment
The notice of the Administrator shall be deemed to be a finding under section 7410 (a)(2)(H)(ii) of this title which requires a plan revision with respect to so much of the applicable implementation plan as is inadequate to prevent or eliminate the endangerment referred to in subsection (a) of this section. Any foreign country so affected by such emission of pollutant or pollutants shall be invited to appear at any public hearing associated with any revision of the appropriate portion of the applicable implementation plan.

(c) Reciprocity
This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section.

(d) Recommendations
Recommendations issued following any abatement conference conducted prior to August 7, 1977, shall remain in effect with respect to any pollutant for which no national ambient air quality standard has been established under section 7409 of this title unless the Administrator, after consultation with all agencies which were party to the conference, rescinds any such recommendation on grounds of obsolescence.


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 support that Constitution and preserve the union by a temperate and firm opposition to acts which are repugnant to the first principles and purposes of both, into a wish to recede from the other states. If a secession has been conceived by the states or people referred to in your Honour's communication, it is unknown to the House of Representatives, who absolutely disclaim any participation therein, or having afforded the least colour for such a charge. If ever such suspicions existed they can have arisen only in the minds of those who must be sensible that they had adopted and were persisting in, measures which had driven the people to desperation, by infringing rights which the citizens of Massachusetts conceive to be unalienable, and which they fondly hoped had been inviolably secured to them by the federal compact.

The Legislature and people of Massachusetts ever have been and now are firmly and sincerely attached to the union of the States, and there is no sacrifice they have not been, and are not now, willing to submit to, in order to preserve the same, according to its original purpose. Of this truth your Honour must be conceived.

That the regulation of our commercial intercourse and our national defence, is most wisely confided to the general government, is a truth so plain and palpable, that we should hold it unnecessary to be repeated here, were it not for the purpose of concurring with your Honour in the justice of the sentiment; but the liberty of discussing the measures of our general government with freedom and firmness, though with fairness and moderation, is a right the House of Representatives never will relinquish.

We cannot agree with your Honour that in a free country there is any stage at which the constitutionality of an act may no longer be open to discussion and debate; at least it is only upon the high road to despotism that such stages can be found.

At such a point the Government undertaking to extend its powers beyond the limits of the constitution, degenerates into tyranny. The people, if temperate and firm, will, we confidently rely, eventually triumph over such usurpations.

Were it true, that the measures of government once passed into


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 Perth, and West Ross, snioghan in Badenoch, and snioghag in Sutherland.

Barail, opinion, is balair in Perth, Badenoch, and Strathspey, and is written ballir in the Book of the Dean of Lismore. Coinneal, candle, is coilinn in Perth and coillinn in Badenoch; fairtlich, baffle, is faltraich in Badenoch and Strathspey, and earball, tail, is ealabar in the Laggan division of Badenoch.

Slender ls or lls sometimes becomes sl. Foillsich, reveal, from follus, may be heard as foislich; and soillsich, brighten, from solus, as soislich, e.g. in North Argyll, West Ross, and Lewis. Mìslean, sweet meadow grass, a form used by Duncan Ban Macintyre, is for milsean, from milis, sweet, and soislean, phosphorescence, in West Ross, is for soillsean. Drisleach for drìlseach, glittering, occurs in dictionaries. MacAlpine has disle and dillse as comparative of dileas, faithful, etc., and Armstrong’s duisleag for duileasg, dulse, may be noted.

Sometimes the reverse takes place. In Kintyre ailsing for aisling, vision, and cuilse for cuisle, pulse, may be heard. In Perth and Strathspey, where the forms foillsich, soillsich, dillse are retained, there seems to be a preference for ls or lls. Isle, lower, comparative of iosal, is there illse, and so with the related forms islean, inferiors, ‘illsean,’ and ìslich, to lower, ‘illsich.’ Similarly uaisle, nobler, nobility, from uasal, noble, is uaillse, a form occurring also in Badenoch, and so ‘uaillsean,’ gentry; ‘daoine uaillse,’ gentlemen. Armstrong gives illse, illsich, uaillse and uaillsean; and MacAlpine writes uaisle, but pronounces uaillse.

In all these forms except the two from Kintyre l or ll when standing before s is long, but when s precedes l the vowel, if short, is lengthened. (Drìlseach is properly drillseach with long ll.) In ìsle, for example, i is long while in illse it is short, and ll is long. So with foislich (oi lengthened), etc. In uaisle, uaillse, etc., the vowel—diphthong—is already long and does not change, but ll is long in the latter form.

In Northern Gaelic, or at all events in several of the northern dialects, m often changes places with a following l or