text:
United States Code/Title 42/Chapter 85/Section 7521

§ 7521. Emission standards for new motor vehicles or new motor vehicle engines CAA § 202

(a) Authority of Administrator to prescribe by regulation
Except as otherwise provided in subsection (b) of this section—
 * (1) The Administrator shall by regulation prescribe (and from time to time revise) in accordance with the provisions of this section, standards applicable to the emission of any air pollutant from any class or classes of new motor vehicles or new motor vehicle engines, which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare. Such standards shall be applicable to such vehicles and engines for their useful life (as determined under subsection (d) of this section, relating to useful life of vehicles for purposes of certification), whether such vehicles and engines are designed as complete systems or incorporate devices to prevent or control such pollution.
 * (2) Any regulation prescribed under paragraph (1) of this subsection (and any revision thereof) shall take effect after such period as the Administrator finds necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.
 * (3)
 * (A) In general.—
 * (i) Unless the standard is changed as provided in subparagraph (B), regulations under paragraph (1) of this subsection applicable to emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulate matter from classes or categories of heavy-duty vehicles or engines manufactured during or after model year 1983 shall contain standards which reflect the greatest degree of emission reduction achievable through the application of technology which the Administrator determines will be available for the model year to which such standards apply, giving appropriate consideration to cost, energy, and safety factors associated with the application of such technology.
 * (ii) In establishing classes or categories of vehicles or engines for purposes of regulations under this paragraph, the Administrator may base such classes or categories on gross vehicle weight, horsepower, type of fuel used, or other appropriate factors.
 * (B) Revised standards for heavy duty trucks.—
 * (i) On the basis of information available to the Administrator concerning the effects of air pollutants emitted from heavy-duty vehicles or engines and from other sources of mobile source related pollutants on the public health and welfare, and taking costs into account, the Administrator may promulgate regulations under paragraph (1) of this subsection revising any standard promulgated under, or before the date of, the enactment of the Clean Air Act Amendments of 1990 (or previously revised under this subparagraph) and applicable to classes or categories of heavy-duty vehicles or engines.
 * (ii) Effective for the model year 1998 and thereafter, the regulations under paragraph (1) of this subsection applicable to emissions of oxides of nitrogen (NOx) from gasoline and diesel-fueled heavy duty trucks shall contain standards which provide that such emissions may not exceed 4.0 grams per brake horsepower hour (gbh).
 * (C) Lead time and stability.— Any standard promulgated or revised under this paragraph and applicable to classes or categories of heavy-duty vehicles or engines shall apply for a period of no less than 3 model years beginning no earlier than the model year commencing 4 years after such revised standard is promulgated.
 * (D) Rebuilding practices.— The Administrator shall study the practice of rebuilding heavy-duty engines and the impact rebuilding has on engine emissions. On the basis of that study and other information available to the Administrator, the Administrator may prescribe requirements to control rebuilding practices, including standards applicable to emissions from any rebuilt heavy-duty engines (whether or not the engine is past its statutory useful life), which in the Administrator’s judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger public health or welfare taking costs into account. Any regulation shall take effect after a period the Administrator finds necessary to permit the development and application of the requisite control measures, giving appropriate consideration to the cost of compliance within the period and energy and safety factors.
 * (E) Motorcycles.— For purposes of this paragraph, motorcycles and motorcycle engines shall be treated in the same manner as heavy-duty vehicles and engines (except as otherwise permitted under section 7525 (f)(1) of this title) unless the Administrator promulgates a rule reclassifying motorcycles as light-duty vehicles within the meaning of this section or unless the Administrator promulgates regulations under subsection (a) of this section applying standards applicable to the emission of air pollutants from motorcycles as a separate class or category. In any case in which such standards are promulgated for such emissions from motorcycles as a separate class or category, the Administrator, in promulgating such standards, shall consider the need to achieve equivalency of emission reductions between motorcycles and other motor vehicles to the maximum extent practicable.
 * (4)
 * (A) Effective with respect to vehicles and engines manufactured after model year 1978, no emission control device, system, or element of design shall be used in a new motor vehicle or new motor vehicle engine for purposes of complying with requirements prescribed under this subchapter if such device, system, or element of design will cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function.
 * (B) In determining whether an unreasonable risk exists under subparagraph (A), the Administrator shall consider, among other factors,
 * (i) whether and to what extent the use of any device, system, or element of design causes, increases, reduces, or eliminates emissions of any unregulated pollutants;
 * (ii) available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the use of such device, system, or element of design, and
 * (iii) the availability of other devices, systems, or elements of design which may be used to conform to requirements prescribed under this subchapter without causing or contributing to such unreasonable risk. The Administrator shall include in the consideration required by this paragraph all relevant information developed pursuant to section 7548 of this title.
 * (5)
 * (A) If the Administrator promulgates final regulations which define the degree of control required and the test procedures by which compliance could be determined for gasoline vapor recovery of uncontrolled emissions from the fueling of motor vehicles, the Administrator shall, after consultation with the Secretary of Transportation with respect to motor vehicle safety, prescribe, by regulation, fill pipe standards for new motor vehicles in order to insure effective connection between such fill pipe and any vapor recovery system which the Administrator determines may be required to comply with such vapor recovery regulations. In promulgating such standards the Administrator shall take into consideration limits on fill pipe diameter, minimum design criteria for nozzle retainer lips, limits on the location of the unleaded fuel restrictors, a minimum access zone surrounding a fill pipe, a minimum pipe or nozzle insertion angle, and such other factors as he deems pertinent.
 * (B) Regulations prescribing standards under subparagraph (A) shall not become effective until the introduction of the model year for which it would be feasible to implement such standards, taking into consideration the restraints of an adequate leadtime for design and production.
 * (C) Nothing in subparagraph (A) shall
 * (i) prevent the Administrator from specifying different nozzle and fill neck sizes for gasoline with additives and gasoline without additives or
 * (ii) permit the Administrator to require a specific location, configuration, modeling, or styling of the motor vehicle body with respect to the fuel tank fill neck or fill nozzle clearance envelope.
 * (D) For the purpose of this paragraph, the term “fill pipe” shall include the fuel tank fill pipe, fill neck, fill inlet, and closure.
 * (6) Onboard vapor recovery.— Within 1 year after November 15, 1990, the Administrator shall, after consultation with the Secretary of Transportation regarding the safety of vehicle-based (“onboard”) systems for the control of vehicle refueling emissions, promulgate standards under this section requiring that new light-duty vehicles manufactured beginning in the fourth model year after the model year in which the standards are promulgated and thereafter shall be equipped with such systems. The standards required under this paragraph shall apply to a percentage of each manufacturer’s fleet of new light-duty vehicles beginning with the fourth model year after the model year in which the standards are promulgated. The percentage shall be as specified in the following table:

Implementation Schedule for Onboard Vapor Recovery Requirements
 * Percentages in the table refer to a percentage of the manufacturer’s sales volume.

 * The standards shall require that such systems provide a minimum evaporative emission capture efficiency of 95 percent. The requirements of section 7511a (b)(3) of this title (relating to stage II gasoline vapor recovery) for areas classified under section 7511 of this title as moderate for ozone shall not apply after promulgation of such standards and the Administrator may, by rule, revise or waive the application of the requirements of such section 7511a (b)(3) of this title for areas classified under section 7511 of this title as Serious, Severe, or Extreme for ozone, as appropriate, after such time as the Administrator determines that onboard emissions control systems required under this paragraph are in widespread use throughout the motor vehicle fleet.

(b) Emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen; annual report to Congress; waiver of emission standards; research objectives

 * (1)
 * (A) The regulations under subsection (a) of this section applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during model years 1977 through 1979 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.5 grams per vehicle mile of hydrocarbons and 15.0 grams per vehicle mile of carbon monoxide. The regulations under subsection (a) of this section applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during the model year 1980 shall contain standards which provide that such emissions may not exceed 7.0 grams per vehicle mile. The regulations under subsection (a) of this section applicable to emissions of hydrocarbons from light-duty vehicles and engines manufactured during or after model year 1980 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970. Unless waived as provided in paragraph (5),[1] regulations under subsection (a) of this section applicable to emissions of carbon monoxide from light-duty vehicles and engines manufactured during or after the model year 1981 shall contain standards which require a reduction of at least 90 percent from emissions of such pollutant allowable under the standards under this section applicable to light-duty vehicles and engines manufactured in model year 1970.
 * (B) The regulations under subsection (a) of this section applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1977 through 1980 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile. The regulations under subsection (a) of this section applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during the model year 1981 and thereafter shall contain standards which provide that such emissions from such vehicles and engines may not exceed 1.0 gram per vehicle mile. The Administrator shall prescribe standards in lieu of those required by the preceding sentence, which provide that emissions of oxides of nitrogen may not exceed 2.0 grams per vehicle mile for any light-duty vehicle manufactured during model years 1981 and 1982 by any manufacturer whose production, by corporate identity, for calendar year 1976 was less than three hundred thousand light-duty motor vehicles worldwide if the Administrator determines that—
 * (i) the ability of such manufacturer to meet emission standards in the 1975 and subsequent model years was, and is, primarily dependent upon technology developed by other manufacturers and purchased from such manufacturers; and
 * (ii) such manufacturer lacks the financial resources and technological ability to develop such technology.
 * (C) The Administrator may promulgate regulations under subsection (a)(1) of this section revising any standard prescribed or previously revised under this subsection, as needed to protect public health or welfare, taking costs, energy, and safety into account. Any revised standard shall require a reduction of emissions from the standard that was previously applicable. Any such revision under this subchapter may provide for a phase-in of the standard. It is the intent of Congress that the numerical emission standards specified in subsections (a)(3)(B)(ii), (g), (h), and (i) of this section shall not be modified by the Administrator after November 15, 1990, for any model year before the model year 2004.
 * (2) Emission standards under paragraph (1), and measurement techniques on which such standards are based (if not promulgated prior to November 15, 1990), shall be promulgated by regulation within 180 days after November 15, 1990.
 * (3) For purposes of this part—
 * (A)
 * (i) The term “model year” with reference to any specific calendar year means the manufacturer’s annual production period (as determined by the Administrator) which includes January 1 of such calendar year. If the manufacturer has no annual production period, the term “model year” shall mean the calendar year.
 * (ii) For the purpose of assuring that vehicles and engines manufactured before the beginning of a model year were not manufactured for purposes of circumventing the effective date of a standard required to be prescribed by subsection (b) of this section, the Administrator may prescribe regulations defining “model year” otherwise than as provided in clause (i).
 * (B) Repealed. Pub. L. 101–549, title II, § 230(1), Nov. 15, 1990, 104 Stat. 2529.
 * (C) The term “heavy duty vehicle” means a truck, bus, or other vehicle manufactured primarily for use on the public streets, roads, and highways (not including any vehicle operated exclusively on a rail or rails) which has a gross vehicle weight (as determined under regulations promulgated by the Administrator) in excess of six thousand pounds. Such term includes any such vehicle which has special features enabling off-street or off-highway operation and use.
 * (3) Upon the petition of any manufacturer, the Administrator, after notice and opportunity for public hearing, may waive the standard required under subparagraph (B) of paragraph (1) to not exceed 1.5 grams of oxides of nitrogen per vehicle mile for any class or category of light-duty vehicles or engines manufactured by such manufacturer during any period of up to four model years beginning after the model year 1980 if the manufacturer demonstrates that such waiver is necessary to permit the use of an innovative power train technology, or innovative emission control device or system, in such class or category of vehicles or engines and that such technology or system was not utilized by more than 1 percent of the light-duty vehicles sold in the United States in the 1975 model year. Such waiver may be granted only if the Administrator determines—
 * (A) that such waiver would not endanger public health,
 * (B) that there is a substantial likelihood that the vehicles or engines will be able to comply with the applicable standard under this section at the expiration of the waiver, and
 * (C) that the technology or system has a potential for long-term air quality benefit and has the potential to meet or exceed the average fuel economy standard applicable under the Energy Policy and Conservation Act [ 42 U.S.C. 6201 et seq.] upon the expiration of the waiver.
 * No waiver under this subparagraph 3 granted to any manufacturer shall apply to more than 5 percent of such manufacturer’s production or more than fifty thousand vehicles or engines, whichever is greater.

(c) Feasibility study and investigation by National Academy of Sciences; reports to Administrator and Congress; availability of information

 * (1) The Administrator shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation of the technological feasibility of meeting the emissions standards required to be prescribed by the Administrator by subsection (b) of this section.
 * (2) Of the funds authorized to be appropriated to the Administrator by this chapter, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection.
 * (3) In entering into any arrangement with the National Academy of Sciences for conducting the study and investigation authorized by paragraph (1) of this subsection, the Administrator shall request the National Academy of Sciences to submit semiannual reports on the progress of its study and investigation to the Administrator and the Congress, beginning not later than July 1, 1971, and continuing until such study and investigation is completed.
 * (4) The Administrator shall furnish to such Academy at its request any information which the Academy deems necessary for the purpose of conducting the investigation and study authorized by paragraph (1) of this subsection. For the purpose of furnishing such information, the Administrator may use any authority he has under this chapter
 * (A) to obtain information from any person, and
 * (B) to require such person to conduct such tests, keep such records, and make such reports respecting research or other activities conducted by such person as may be reasonably necessary to carry out this subsection.

(d) Useful life of vehicles
The Administrator shall prescribe regulations under which the useful life of vehicles and engines shall be determined for purposes of subsection (a)(1) of this section and section 7541 of this title. Such regulations shall provide that except where a different useful life period is specified in this subchapter useful life shall—
 * (1) in the case of light duty vehicles and light duty vehicle engines and light-duty trucks up to 3,750 lbs. LVW and up to 6,000 lbs. GVWR, be a period of use of five years or fifty thousand miles (or the equivalent), whichever first occurs, except that in the case of any requirement of this section which first becomes applicable after November 15, 1990, where the useful life period is not otherwise specified for such vehicles and engines, the period shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs, with testing for purposes of in-use compliance under section 7541 of this title up to (but not beyond) 7 years or 75,000 miles (or the equivalent), whichever first occurs;
 * (2) in the case of any other motor vehicle or motor vehicle engine (other than motorcycles or motorcycle engines), be a period of use set forth in paragraph (1) unless the Administrator determines that a period of use of greater duration or mileage is appropriate; and
 * (3) in the case of any motorcycle or motorcycle engine, be a period of use the Administrator shall determine.

(e) New power sources or propulsion systems
In the event of a new power source or propulsion system for new motor vehicles or new motor vehicle engines is submitted for certification pursuant to section 7525 (a) of this title, the Administrator may postpone certification until he has prescribed standards for any air pollutants emitted by such vehicle or engine which in his judgment cause, or contribute to, air pollution which may reasonably be anticipated to endanger the public health or welfare but for which standards have not been prescribed under subsection (a) of this section.

(f)  4 High altitude regulations

 * (1) The high altitude regulation in effect with respect to model year 1977 motor vehicles shall not apply to the manufacture, distribution, or sale of 1978 and later model year motor vehicles. Any future regulation affecting the sale or distribution of motor vehicles or engines manufactured before the model year 1984 in high altitude areas of the country shall take effect no earlier than model year 1981.
 * (2) Any such future regulation applicable to high altitude vehicles or engines shall not require a percentage of reduction in the emissions of such vehicles which is greater than the required percentage of reduction in emissions from motor vehicles as set forth in subsection (b) of this section. This percentage reduction shall be determined by comparing any proposed high altitude emission standards to high altitude emissions from vehicles manufactured during model year 1970. In no event shall regulations applicable to high altitude vehicles manufactured before the model year 1984 establish a numerical standard which is more stringent than that applicable to vehicles certified under non-high altitude conditions.
 * (3) Section 7607 (d) of this title shall apply to any high altitude regulation referred to in paragraph (2) and before promulgating any such regulation, the Administrator shall consider and make a finding with respect to—
 * (A) the economic impact upon consumers, individual high altitude dealers, and the automobile industry of any such regulation, including the economic impact which was experienced as a result of the regulation imposed during model year 1977 with respect to high altitude certification requirements;
 * (B) the present and future availability of emission control technology capable of meeting the applicable vehicle and engine emission requirements without reducing model availability; and
 * (C) the likelihood that the adoption of such a high altitude regulation will result in any significant improvement in air quality in any area to which it shall apply.

(1) NMHC, CO, and NOx

 * Effective with respect to the model year 1994 and thereafter, the regulations under subsection (a) of this section applicable to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO), and oxides of nitrogen (NOx) from light-duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR) and light-duty vehicles (LDVs) shall contain standards which provide that emissions from a percentage of each manufacturer’s sales volume of such vehicles and trucks shall comply with the levels specified in table G. The percentage shall be as specified in the implementation schedule below:

 * table g—emission standards for nmhc, co, and nox from light-duty trucks of up to 6,000 lbs. gvwr and light-duty vehicles
 * {| class="wikitable"

! Vehicle type !! !! Column A !! !! !! Column B !!
 * || || (5 yrs/50,000 mi) || || || (10 yrs/100,000 mi) ||
 * || NMHC || CO || NOx || NMHC || CO || NOx
 * LDTs (0–3,750 lbs. LVW) and light-duty vehicles || 0.25 || 3.4 || 0.4* || 0.31 || 4.2 || 0.6*
 * LDTs (3,751–5,750 lbs. LVW) || 0.32 || 4.4 || 0.7** || 0.40 || 5.5 || 0.97
 * }
 * LDTs (0–3,750 lbs. LVW) and light-duty vehicles || 0.25 || 3.4 || 0.4* || 0.31 || 4.2 || 0.6*
 * LDTs (3,751–5,750 lbs. LVW) || 0.32 || 4.4 || 0.7** || 0.40 || 5.5 || 0.97
 * }
 * }
 * Standards are expressed in grams per mile (gpm).
 * For standards under column A, for purposes of certification under section 7525 of this title, the applicable useful life shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs.
 * For standards under column B, for purposes of certification under section 7525 of this title, the applicable useful life shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs.
 * *In the case of diesel-fueled LDTs (0–3,750 lvw) and light-duty vehicles, before the model year 2004, in lieu of the 0.4 and 0.6 standards for NOx, the applicable standards for NOx shall be 1.0 gpm for a useful life of 5 years or 50,000 miles (or the equivalent), whichever first occurs, and 1.25 gpm for a useful life of 10 years or 100,000 miles (or the equivalent) whichever first occurs.
 * **This standard does not apply to diesel-fueled LDTs (3,751–5,750 lbs. LVW).

 * Implementation Schedule for Table G Standards
 * {| class="wikitable"

! Model year !! Percentage*
 * 1994 || 40
 * 1995 || 80
 * after 1995 || 100
 * }
 * *Percentages in the table refer to a percentage of each manufacturer’s sales volume.
 * after 1995 || 100
 * }
 * *Percentages in the table refer to a percentage of each manufacturer’s sales volume.

(2) PM Standard

 * Effective with respect to model year 1994 and thereafter in the case of light-duty vehicles, and effective with respect to the model year 1995 and thereafter in the case of light-duty trucks (LDTs) of up to 6,000 lbs. gross vehicle weight rating (GVWR), the regulations under subsection (a) of this section applicable to emissions of particulate matter (PM) from such vehicles and trucks shall contain standards which provide that such emissions from a percentage of each manufacturer’s sales volume of such vehicles and trucks shall not exceed the levels specified in the table below. The percentage shall be as specified in the Implementation Schedule below.

 * PM Standard for LDTs of up to 6,000 lbs. GVWR
 * {| class="wikitable"

! Useful life period !! Standard
 * 5/50,000 || 0.08 gpm
 * 10/100,000 || 0.10 gpm
 * }
 * 10/100,000 || 0.10 gpm
 * }
 * The applicable useful life, for purposes of certification under section 7525 of this title and for purposes of in-use compliance under section 7541 of this title, shall be 5 years or 50,000 miles (or the equivalent), whichever first occurs, in the case of the 5/50,000 standard.

 * The applicable useful life, for purposes of certification under section 7525 of this title and for purposes of in-use compliance under section 7541 of this title, shall be 10 years or 100,000 miles (or the equivalent), whichever first occurs in the case of the 10/100,000 standard.

 * Implementation Schedule for PM Standards
 * {| class="wikitable"

! Model year !! Light-duty vehicles !! LDTs
 * 1994 || 40%* || ...
 * 1995 || 80%* || 40%*
 * 1996 || 100%* || 80%*
 * after 1996 || 100%* || 100%*
 * }
 * *Percentages in the table refer to a percentage of each manufacturer’s sales volume.
 * after 1996 || 100%* || 100%*
 * }
 * *Percentages in the table refer to a percentage of each manufacturer’s sales volume.
 * *Percentages in the table refer to a percentage of each manufacturer’s sales volume.

(h) Light-duty trucks of more than 6,000 lbs. GVWR; standards for model years after 1995
Effective with respect to the model year 1996 and thereafter, the regulations under subsection (a) of this section applicable to emissions of nonmethane hydrocarbons (NMHC), carbon monoxide (CO), oxides of nitrogen (NOx), and particulate matter (PM) from light-duty trucks (LDTs) of more than 6,000 lbs. gross vehicle weight rating (GVWR) shall contain standards which provide that emissions from a specified percentage of each manufacturer’s sales volume of such trucks shall comply with the levels specified in table H. The specified percentage shall be 50 percent in model year 1996 and 100 percent thereafter.

'''table h—emission standards for nmhc and co from gasoline and diesel fueled light-duty trucks of more than 6,000 lbs. gvwr'''

Standards are expressed in grams per mile (GPM). For standards under column A, for purposes of certification under section 7525 of this title, the applicable useful life shall be 5 years or 50,000 miles (or the equivalent) whichever first occurs. For standards under column B, for purposes of certification under section 7525 of this title, the applicable useful life shall be 11 years or 120,000 miles (or the equivalent), whichever first occurs. *Not applicable to diesel-fueled LDTs.

(i) Phase II study for certain light-duty vehicles and light-duty trucks

 * (1) The Administrator, with the participation of the Office of Technology Assessment, shall study whether or not further reductions in emissions from light-duty vehicles and light-duty trucks should be required pursuant to this subchapter. The study shall consider whether to establish with respect to model years commencing after January 1, 2003, the standards and useful life period for gasoline and diesel-fueled light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less specified in the following table:

table 3—pending emission standards for gasoline and diesel fueled light-duty vehicles and light-duty trucks 3,750 lbs. lvw or less Such study shall also consider other standards and useful life periods which are more stringent or less stringent than those set forth in table 3 (but more stringent than those referred to in subsections (g) and (h) of this section).
 * Emission levels are expressed in grams per mile (GPM). For vehicles and engines subject to this subsection for purposes of subsection (d) of this section and any reference thereto, the useful life of such vehicles and engines shall be a period of 10 years or 100,000 miles (or the equivalent), whichever first occurs.

 * (2)
 * (A) As part of the study under paragraph (1), the Administrator shall examine the need for further reductions in emissions in order to attain or maintain the national ambient air quality standards, taking into consideration the waiver provisions of section 7543 (b) of this title. As part of such study, the Administrator shall also examine—
 * (i) the availability of technology (including the costs thereof), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for meeting more stringent emission standards than those provided in subsections (g) and (h) of this section for model years commencing not earlier than after January 1, 2003, and not later than model year 2006, including the lead time and safety and energy impacts of meeting more stringent emission standards; and
 * (ii) the need for, and cost effectiveness of, obtaining further reductions in emissions from such light-duty vehicles and light-duty trucks, taking into consideration alternative means of attaining or maintaining the national primary ambient air quality standards pursuant to State implementation plans and other requirements of this chapter, including their feasibility and cost effectiveness.
 * (B) The Administrator shall submit a report to Congress no later than June 1, 1997, containing the results of the study under this subsection, including the results of the examination conducted under subparagraph (A). Before submittal of such report the Administrator shall provide a reasonable opportunity for public comment and shall include a summary of such comments in the report to Congress.
 * (3)
 * (A) Based on the study under paragraph (1) the Administrator shall determine, by rule, within 3 calendar years after the report is submitted to Congress, but not later than December 31, 1999, whether—
 * (i) there is a need for further reductions in emissions as provided in paragraph (2)(A);
 * (ii) the technology for meeting more stringent emission standards will be available, as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); and
 * (iii) obtaining further reductions in emissions from such vehicles will be needed and cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii).
 * The rulemaking under this paragraph shall commence within 3 months after submission of the report to Congress under paragraph (2)(B).
 * (B) If the Administrator determines under subparagraph (A) that—
 * (i) there is no need for further reductions in emissions as provided in paragraph (2)(A);
 * (ii) the technology for meeting more stringent emission standards will not be available as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); or
 * (iii) obtaining further reductions in emissions from such vehicles will not be needed or cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii),

the Administrator shall not promulgate more stringent standards than those in effect pursuant to subsections (g) and (h) of this section. Nothing in this paragraph shall prohibit the Administrator from exercising the Administrator’s authority under subsection (a) of this section to promulgate more stringent standards for light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less at any other time thereafter in accordance with subsection (a) of this section.
 * (C) If the Administrator determines under subparagraph (A) that—
 * (i) there is a need for further reductions in emissions as provided in paragraph (2)(A);
 * (ii) the technology for meeting more stringent emission standards will be available, as provided in paragraph (2)(A)(i), in the case of light-duty vehicles and light-duty trucks with a loaded vehicle weight (LVW) of 3,750 lbs. or less, for model years commencing not earlier than January 1, 2003, and not later than model year 2006, considering the factors listed in paragraph (2)(A)(i); and
 * (iii) obtaining further reductions in emissions from such vehicles will be needed and cost effective, taking into consideration alternatives as provided in paragraph (2)(A)(ii),

the Administrator shall either promulgate the standards (and useful life periods) set forth in Table 3 in paragraph (1) or promulgate alternative standards (and useful life periods) which are more stringent than those referred to in subsections (g) and (h) of this section. Any such standards (or useful life periods) promulgated by the Administrator shall take effect with respect to any such vehicles or engines no earlier than the model year 2003 but not later than model year 2006, as determined by the Administrator in the rule.
 * (D) Nothing in this paragraph shall be construed by the Administrator or by a court as a presumption that any standards (or useful life period) set forth in Table 3 shall be promulgated in the rulemaking required under this paragraph. The action required of the Administrator in accordance with this paragraph shall be treated as a nondiscretionary duty for purposes of section 7604 (a)(2) of this title (relating to citizen suits).
 * (E) Unless the Administrator determines not to promulgate more stringent standards as provided in subparagraph (B) or to postpone the effective date of standards referred to in Table 3 in paragraph (1) or to establish alternative standards as provided in subparagraph (C), effective with respect to model years commencing after January 1, 2003, the regulations under subsection (a) of this section applicable to emissions of nonmethane hydrocarbons (NMHC), oxides of nitrogen (NOx), and carbon monoxide (CO) from motor vehicles and motor vehicle engines in the classes specified in Table 3 in paragraph (1) above shall contain standards which provide that emissions may not exceed the pending emission levels specified in Table 3 in paragraph (1).

(1) Phase I

 * Not later than 12 months after November 15, 1990, the Administrator shall promulgate regulations under subsection (a) of this section applicable to emissions of carbon monoxide from 1994 and later model year light-duty vehicles and light-duty trucks when operated at 20 degrees Fahrenheit. The regulations shall contain standards which provide that emissions of carbon monoxide from a manufacturer’s vehicles when operated at 20 degrees Fahrenheit may not exceed, in the case of light-duty vehicles, 10.0 grams per mile, and in the case of light-duty trucks, a level comparable in stringency to the standard applicable to light-duty vehicles. The standards shall take effect after model year 1993 according to a phase-in schedule which requires a percentage of each manufacturer’s sales volume of light-duty vehicles and light-duty trucks to comply with applicable standards after model year 1993. The percentage shall be as specified in the following table:

Phase-In Schedule for Cold Start Standards

(2) Phase II

 * (A) Not later than June 1, 1997, the Administrator shall complete a study assessing the need for further reductions in emissions of carbon monoxide and the maximum reductions in such emissions achievable from model year 2001 and later model year light-duty vehicles and light-duty trucks when operated at 20 degrees Fahrenheit.
 * (B)
 * (i) If as of June 1, 1997, 6 or more nonattainment areas have a carbon monoxide design value of 9.5 ppm or greater, the regulations under subsection (a)(1) of this section applicable to emissions of carbon monoxide from model year 2002 and later model year light-duty vehicles and light-duty trucks shall contain standards which provide that emissions of carbon monoxide from such vehicles and trucks when operated at 20 degrees Fahrenheit may not exceed 3.4 grams per mile (gpm) in the case of light-duty vehicles and 4.4 grams per mile (gpm) in the case of light-duty trucks up to 6,000 GVWR and a level comparable in stringency in the case of light-duty trucks 6,000 GVWR and above.
 * (ii) In determining for purposes of this subparagraph whether 6 or more nonattainment areas have a carbon monoxide design value of 9.5 ppm or greater, the Administrator shall exclude the areas of Steubenville, Ohio, and Oshkosh, Wisconsin.

(3) Useful-life for phase I and phase II standards

 * In the case of the standards referred to in paragraphs (1) and (2), for purposes of certification under section 7525 of this title and in-use compliance under section 7541 of this title, the applicable useful life period shall be 5 years or 50,000 miles, whichever first occurs, except that the Administrator may extend such useful life period (for purposes of section 7525 of this title, or section 7541 of this title, or both) if he determines that it is feasible for vehicles and engines subject to such standards to meet such standards for a longer useful life. If the Administrator extends such useful life period, the Administrator may make an appropriate adjustment of applicable standards for such extended useful life. No such extended useful life shall extend beyond the useful life period provided in regulations under subsection (d) of this section.

(4) Heavy-duty vehicles and engines

 * The Administrator may also promulgate regulations under subsection (a)(1) of this section applicable to emissions of carbon monoxide from heavy-duty vehicles and engines when operated at cold temperatures.

(k) Control of evaporative emissions
The Administrator shall promulgate (and from time to time revise) regulations applicable to evaporative emissions of hydrocarbons from all gasoline-fueled motor vehicles—
 * (1) during operation; and
 * (2) over 2 or more days of nonuse;

under ozone-prone summertime conditions (as determined by regulations of the Administrator). The regulations shall take effect as expeditiously as possible and shall require the greatest degree of emission reduction achievable by means reasonably expected to be available for production during any model year to which the regulations apply, giving appropriate consideration to fuel volatility, and to cost, energy, and safety factors associated with the application of the appropriate technology. The Administrator shall commence a rulemaking under this subsection within 12 months after November 15, 1990. If final regulations are not promulgated under this subsection within 18 months after November 15, 1990, the Administrator shall submit a statement to the Congress containing an explanation of the reasons for the delay and a date certain for promulgation of such final regulations in accordance with this chapter. Such date certain shall not be later than 15 months after the expiration of such 18 month deadline.

(1) Study

 * Not later than 18 months after November 15, 1990, the Administrator shall complete a study of the need for, and feasibility of, controlling emissions of toxic air pollutants which are unregulated under this chapter and associated with motor vehicles and motor vehicle fuels, and the need for, and feasibility of, controlling such emissions and the means and measures for such controls. The study shall focus on those categories of emissions that pose the greatest risk to human health or about which significant uncertainties remain, including emissions of benzene, formaldehyde, and 1,3 butadiene. The proposed report shall be available for public review and comment and shall include a summary of all comments.

(2) Standards

 * Within 54 months after November 15, 1990, the Administrator shall, based on the study under paragraph (1), promulgate (and from time to time revise) regulations under subsection (a)(1) of this section or section 7545 (c)(1) of this title containing reasonable requirements to control hazardous air pollutants from motor vehicles and motor vehicle fuels. The regulations shall contain standards for such fuels or vehicles, or both, which the Administrator determines reflect the greatest degree of emission reduction achievable through the application of technology which will be available, taking into consideration the standards established under subsection (a) of this section, the availability and costs of the technology, and noise, energy, and safety factors, and lead time. Such regulations shall not be inconsistent with standards under subsection (a) of this section. The regulations shall, at a minimum, apply to emissions of benzene and formaldehyde.

(1) Regulations

 * Within 18 months after November 15, 1990, the Administrator shall promulgate regulations under subsection (a) of this section requiring manufacturers to install on all new light duty vehicles and light duty trucks diagnostics systems capable of—
 * (A) accurately identifying for the vehicle’s useful life as established under this section, emission-related systems deterioration or malfunction, including, at a minimum, the catalytic converter and oxygen sensor, which could cause or result in failure of the vehicles to comply with emission standards established under this section,
 * (B) alerting the vehicle’s owner or operator to the likely need for emission-related components or systems maintenance or repair,
 * (C) storing and retrieving fault codes specified by the Administrator, and
 * (D) providing access to stored information in a manner specified by the Administrator.
 * The Administrator may, in the Administrator’s discretion, promulgate regulations requiring manufacturers to install such onboard diagnostic systems on heavy-duty vehicles and engines.

(2) Effective date

 * The regulations required under paragraph (1) of this subsection shall take effect in model year 1994, except that the Administrator may waive the application of such regulations for model year 1994 or 1995 (or both) with respect to any class or category of motor vehicles if the Administrator determines that it would be infeasible to apply the regulations to that class or category in such model year or years, consistent with corresponding regulations or policies adopted by the California Air Resources Board for such systems.

(3) State inspection

 * The Administrator shall by regulation require States that have implementation plans containing motor vehicle inspection and maintenance programs to amend their plans within 2 years after promulgation of such regulations to provide for inspection of onboard diagnostics systems (as prescribed by regulations under paragraph (1) of this subsection) and for the maintenance or repair of malfunctions or system deterioration identified by or affecting such diagnostics systems. Such regulations shall not be inconsistent with the provisions for warranties promulgated under section 7541 (a) and (b) of this title.

(4) Specific requirements

 * In promulgating regulations under this subsection, the Administrator shall require—
 * (A) that any connectors through which the emission control diagnostics system is accessed for inspection, diagnosis, service, or repair shall be standard and uniform on all motor vehicles and motor vehicle engines;
 * (B) that access to the emission control diagnostics system through such connectors shall be unrestricted and shall not require any access code or any device which is only available from a vehicle manufacturer; and
 * (C) that the output of the data from the emission control diagnostics system through such connectors shall be usable without the need for any unique decoding information or device.

(5) Information availability

 * The Administrator, by regulation, shall require (subject to the provisions of section 7542 (c) of this title regarding the protection of methods or processes entitled to protection as trade secrets) manufacturers to provide promptly to any person engaged in the repairing or servicing of motor vehicles or motor vehicle engines, and the Administrator for use by any such persons, with any and all information needed to make use of the emission control diagnostics system prescribed under this subsection and such other information including instructions for making emission related diagnosis and repairs. No such information may be withheld under section 7542 (c) of this title if that information is provided (directly or indirectly) by the manufacturer to franchised dealers or other persons engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines. Such information shall also be available to the Administrator, subject to section 7542 (c) of this title, in carrying out the Administrator’s responsibilities under this section.

(f)  5 Model years after 1990
For model years prior to model year 1994, the regulations under subsection (a) of this section applicable to buses other than those subject to standards under section 7554 of this title shall contain a standard which provides that emissions of particulate matter (PM) from such buses may not exceed the standards set forth in the following table:

pm standard for buses
 * Standards are expressed in grams per brake horsepower hour (g/bhp/hr).


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 way from before Boston to Halifax with a prize laden with naval stores. Thornbrough, with the crew, escaped with difficulty to an uninhabited islet, where, after two days of great distress, they were rescued by an American cruiser. As a return for the generous treatment which Thornbrough had previously shown to some prisoners, he and his people were now landed on the coast of Nova Scotia. A court-martial acquitted him of all blame for the loss of the frigate, and in January 1783 he was appointed to the Egmont, commissioned for the East Indies, but paid off at the peace. A few months later he commissioned the Hebe, which he commanded on the home station for six years, during part of which time Commodore John Leveson Gower [q. v.] hoisted his broad pennant on board, and Prince William Henry (afterwards William IV) served as one of her lieutenants. The Hebe was paid off in October 1789, and in July 1790 Thornbrough was appointed to the Scipio, one of the ships commissioned on account of the difference with Spain, and paid off in December, when that dispute was settled.

On 21 Dec. 1792 Thornbrough joined the Latona frigate, which was commissioned in anticipation of the war with France, and during 1793–4 was attached to the Channel fleet under the command of Lord Howe. For the spirited way in which, on 18 Nov. 1793, she approached a French squadron and endeavoured to delay it till the line-of-battle ships could get up, Thornbrough was publicly commended by a letter from the admiralty, ordered to be read to all the ships' companies; and in the battle on 1 June 1794, being stationed abreast the centre of the line to repeat the admiral's signals, she was taken into the thick of the fight to assist the Bellerophon when hard pressed by the enemy (, i. 171). A few weeks after the battle Thornbrough was appointed to the Robust of 74 guns in the Channel, and especially attached to the squadron under Sir John Borlase Warren [q. v.] through the summer of 1795, and in the unfortunate expedition to Quiberon in co-operation with the French royalists. For the next three years the Robust continued one of the Channel fleet, but in the autumn of 1798 Thornbrough was again detached under Warren to the coast of Ireland, and had an important share in the capture of the French squadron off Tory Island on 11 Oct., a service for which he, and all the captains, officers, and men of the squadron, received the thanks of parliament. In February 1799 he was moved into the Formidable of 98 guns, one of the squadron which in June went to the Mediterranean with Sir Charles Cotton [q. v.]

On 1 Jan. 1801 Thornbrough was promoted to the rank of rear-admiral, and was at the same time ordered to hoist his flag in the Mars, one of the Channel fleet then off Brest, where he remained till the peace, generally in command of the inshore squadron. From March 1803 to March 1805 he commanded in the North Sea under Lord Keith; he afterwards was for a few months captain of the fleet to Lord Gardner, and in July hoisted his flag on board the Kent, in which in October he was ordered to join Nelson off Cadiz. The news of Trafalgar prevented his sailing, and on 9 Nov. he was promoted to be vice-admiral and hoisted his flag in command of a detached squadron in the Bay of Biscay and afterwards in the Channel, till in October 1806 he was obliged by ill-health to go on shore. By the following February he was again afloat, and, with his flag in the Royal Sovereign, joined Collingwood in the Mediterranean [see ], where he remained for nearly three years, when, in December 1809, the state of his health again obliged him to resign his command. From August 1810 to November 1813 he was commander-in-chief on the coast of Ireland. On 4 Dec. 1813 he became admiral. On 2 Jan. 1815 he was nominated K.C.B., and from 1815 to 1818 he was commander-in-chief at Portsmouth. He was made G.C.B. on 11 Jan. 1825, vice-admiral of the United Kingdom on 10 Jan. 1833, and died at his residence at Bishop's Teignton on 3 April 1834. He was three times married, and left issue. His son, Edward Lecras Thornbrough, died a rear-admiral in 1857.

Thornbrough's career is remarkable for the very exceptional and continuous nature of his sea service. From 1761 to 1818—a period of nearly sixty years—he was only twice unemployed for more than a year, once after the Spanish armament of 1790, and again at the end of the war, after his Irish command. This exclusive devotion to his profession implied both the excellence and the limitations of his ability. ‘As a practical seaman,’ wrote Sir William Hotham [q. v.], ‘he had very few rivals and certainly no superior; and this knowledge of a seaman's duty extended to the managing of a fleet, which he did better than any man I ever served with. … Having been sent to sea very early in life, his knowledge was principally confined to his profession. This was one reason, perhaps, why he did not succeed Lord Collingwood in the Mediterranean command, where a great deal is required

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


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 134 THE DEATH OF MOSES. Dot the rich landscape with refreshing shade; The streamlet flows in quiet beauty there, 8ave the faint ripple of its glancing wave; And the soft shadows on the waving grass Give quiet to the heart and calm repose, 8o fair to look upon ! His spirit seemed Entranced with rare delight and feeble sense, E'en for a time forgot the higher bliss, So soon to be his own, in the fond wish To tread amid those hills and shaded vales That long had filled full many a waking thought, And formed the brightness of his happy dreams. For this he wandered day by day, And counted weariness a thing as naught. Never! Oh never! should his fevered brow Know the soft gales that wandered o'er that land. Never ! Oh never ! in its radiant light, Amid his brethren, proud and free to stand, He husbeth vain regret and vanished hope, And laying off earth's faded pilgrim robe, Unties his sandals, putting down the staff, And as a monarch, entering on his power, With calm benignity he goeth home,- Home ! to a clime, oh brighter, fairer far, Than that whose beauty mocked his longing gaze. Alone with God and angels, on the mount!


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Author talk:Alfred Trübner Nutt

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Index:Studies on the legend of the Holy Grail.djvu

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 ===PACIFIC COAST CHANGES IN THE CHECK-LIST.=== The tenth supplement to the A. O. U. CheckList contains additions of especial interest to Coast workers. These were acted upon at the recent session of the A. O. U. Committee on Nomenclature, and a list of the accepted forms occurring on the Pacific Coast is here given.

Ardea herodias fannini CHAPMAN, Northwest Coast Heron, Queen Charlotte Ids. and coast region of British Columbia; Carachiles canadensis osgoodi BISHOP, Alaska Spruce Grouse, Upper Yukon region and thence northwest to Prince William Sound and Cook lnlet; Zagopus leucurus altipelen OsgooD, South- ern White-tailed Ptarmigan, Southern Rocky Mrs., (Colorado, New Mexico etc.); Empidonaa: insulicola OBERI-IOLSER, Santa Barbara Fly- catcher, Santa Barbara Ids., Cal.; Perisoreus obscurus xriseus RiD(gw., Gray Jay, British Columbia, Washington, Oregon and northern California east of the Coast and Cascade Ranges; Mmmodramus rostratus halophilus (McGE(gOR), Lagoon Sparrow, Salt marshes in the vicinity of Abreojos Point, Lower Cali- lbrnia; Pipilo maculalus alralus RIDGW., San Diego Towhee, Southern coast district of California, south of San Fernando and Sierra San Gabriel, and south to Lower California; Pipilo fuscus carolde McGE(gOR, Northern Brown Towbee, Northwestern California; Dendroica nirifrons Bxvs'E, Black- fronted Warbler, Sierra Madre of Chihuahua, Mexico north to the Huachnca and Chiricahua Mrs., Arizona; Geolhlypis lrichas arizela OBERH. Pacific Coast region, from Southern British Columbia to northern Lower California, west of the Cascades and Sierra Nevadas; Thryomanes bewickii charienturus OERH., Coast region of Southern California uorth to about Pasadena; Santa Catalina Island; Thryomanes bewickii calophonus OEH., Pacific slope, from Oregon to southern Van- couver Island and valley of Fraser River, British Columbia; Mnorthura hiemalls helleri OS(gOOD, Kadiak Winter Wren, Kadiak Island Alaska; ,tnorthura meliera OBERI-I., Aleutian Wren, The westermost islands of the Aleutian group, Alaska; Cerlhia familiaris zeloles OS(gOOD, Sierra Creeper, Cascade Mountains of Oregon and the Sierra Nevada of California; Chamwafasciala phwa Os(gooD, Coast Wren-Tit, Coast region of Oregon and California from Astoria, Oregon to Marin Co. California; ??eulus calendula grinnelli W. PALMER, Sitkan Kinglet, Sitka district, Alaska; ]-Iylocichla uslulala alma? OBERH, Alma's Thrush, Yukon Basin, south to the Rocky Mountains region, and west to Utah and eastern Nevada. The following changes are also of interest: Our Colaptes cafer becomes 6blapte3 caret col/aris, the former being restricted to Mexico; .$yornis nigricans semiatra is assigned to the Coast as follows: "Pacific Coast of the United States and Mexico, from Oregon to Colima, eastward to Arizona"; Zonotrichia leucophrl,s intermedia becomes Zonotrichia 1. xambellii, while the former Zonotrichia leucophrys .ffambe/lii is changed to Zonotrichia l. nullalii. COMMUNICATIONS. A BOON FOR OOLOGISTS. Editor CO*DOR :-- A saturated solution of cooking soda is quite effective for removing embryos. As an illus- tration of its work, last night at 6 P. a. I found a Black-throated Gray Warbler's nest with four eggs, certainly not less than three- fourths incubated, the shell being so soft that the drill sank into it. I put in as much soda as the eggs would hold and changed it once during the evening. This morning they were reasonably easily blown before 8 A.M., two perfect specimens, the holes being not much larger than for fresh eggs; the other two have a small nick in each hole but are perfectly strong. The embryo was shaved off with a sharp knife as it was forced out. It was equally successful on Northwest Crow .-5, California Jay x-6 and Oregon Junco. It is probably too late for many to try it this year, but possibly you can test it. The principal advantage over other chemicals is that it does the work quickly. CHAS. W. BOrI, ES. lt/aldo, Ore.yon, June/5, o. [We were happily enabled to test Mr. Bowles' process on a badly incubated set of Calaveras Warbler, the results being a pleasant surprise. By blowing out the softer parts of the embryos and filling the eggs with a satu- rated solution of soda, all blew readily on the following morning. As Mr. Bowles points out, the merit of using soda is in its quick results, thus enabling one to blow the egg be- fore the shell bas softened.--ED:] USE OF COLLODION TO PREVENT AR- SENICAL POISONING Editor THE CONDOR:-- All ornithologists are aware that there is more or less danger in the handling of arsenic in preparing specimens. If a small particle finds lodgmeut in a cut, a sore is the result. Painting the cut and aronnd the finger nails with collodion before using arsenic prevents all this. It forms a smooth coating, and used in that way is harmless, clean and leaves no stain. }rl Collins, Colo. W.L. BURNETT.

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 Rh day of August 1887, when I was spending a few days with my friend Canon Silvan Evans, at Llanwrin Rectory, near Machynlleth. Mrs. Evans was then alive and well, and took a keen interest in Welsh antiquities and folk-lore. Among other things, she related to me how she had, some twenty years before, visited a well in the parish of Llandrillo yn Rhos, namely, Ffynnon Eilian, or Elian's Well, near Abergele in Denbighshire, when her attention was directed to some bushes near the well, which had once been covered with bits of rags left by those who frequented the well. This was told Mrs. Evans by an old woman of seventy, who, on being questioned by Mrs. Evans concerning the history of the well, informed her that the rags used to be tied to the bushes by means of wool. She was explicit on the point that wool had to be used for the purpose, and that even woollen yarn would not do: it had to be wool in its natural state. The old woman remembered this to have been the rule ever since she was a child. Mrs. Evans noticed corks with pins stuck in them, floating in the well, and her informant remembered many more in years gone by; for Elian's Well was once in great repute as a ffynnon reibio, or a well to which people resorted for the kindly purpose of bewitching those whom they hated. I infer, however, from what Mrs. Evans was told of the rags, that Elian's Well was visited, not only by the malicious, but also by the sick and suffering. My note is not clear on the point whether there were any rags on the bushes by the well when Mrs. Evans visited the spot, or whether she was only told of them by her informant. Even in the latter case it seems evident that this habit of tying rags on trees or bushes near sacred wells has only ceased in that part of Denbighshire within this century. It is very possible that it continued in North Wales more recently than this instance would lead one to suppose; indeed, I should not be in the least surprised to learn that it is still practised in out-of-the-way places in Gwynedd, just as it is in Glamorgan. We want more facts.

I cannot say whether it was customary in any of the


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 is precisely in such cases that the State would have the least motive for coming into collision with her sister States. Besides, according to the doctrine for which I am contending, this evil would be temporary only; it must cease in some way or other as soon as the other States act upon the subject. I acknowledge however, that it is at best an evil, but it is an evil inseparable from our system, and one which cannot be avoided except by submitting to a greater evil. It is perfectly evident that this right must exist in the States unless it be incompatible with the rights of the Federal Government. Supposing this incompatibility to exist, there must be a right in that Government to control the States in this respect, and to enforce a law which the States may have pronounced to be unconstitutional. Let us now suppose an abuse of this right. It would consist in an attempt by the Federal Government to coerce obedience to an unconstitutional law.—This, sir, it seems to me, is despotism in its very essence. If the Federal Government may enforce one unconstitutional law, it may enforce every unconstitutional law, and thus all the rights of the States and the people may fall one by one, before the omnipotence of that Government. This consequence is too manifest to escape even the most superficial observation. The worst possible result of nullification, even in the opinion of its bitterest opponents, is to dissolve the Union—and this result does not legitimately flow from it; while the alternative which they propose, establishes an absolute despotism, which not only dissolves the Union, but establishes the worst possible form of government upon its ruins. Thus it appears that nullification is much less apt to be abused, than the alternate remedy, and when abused, its consequences are infinitely less to be deprecated. Of the two evils, I choose the least. I prefer the remedy, which, although in its extreme abuse, it may lead to disunion, may be peaceful in its results, to one which necessarily dissolves the Union, and whose direct object and tendency are to violence and blood, and absolute power.

And now Sir, you have a full view of nullification as I understand it. As I sincerely desire to be right in politics, as well as in morals and religion, I submit myself with all deference, to the correction of your greater wisdom. At all events, you ought to relieve your own principles from the cloud which now hangs over them, and renders them somewhat obscure to the general vision. In my next letter, I shall say something to you in reference to South Carolina.

THE PRESIDENT'S MANIFESTO AGAINST THE BANK.

From the Washington Globe, Sept. 23, 1833.


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 58 cases to which I have called your attention, not only to tie rags to the well-tree, but also to throw pins or other small objects into the well; but I cannot help adhering to my view that the distinction was probably an ancient one between two orders of things. In other words, I am still inclined to believe that the rag was regarded as the vehicle of the disease of which the ailing visitor to the well wished to be rid, and that the bead, button, or coin deposited by him in the well, or in a receptacle near the well, alone formed the offering. When I suggested this in connection with certain wells in the Isle of Man, the President of the Folk-lore Society remarked as follows (, iii, 89):—"There is some evidence against that, from the fact that in the case of some wells, especially in Scotland at one time, the whole garment was put down as an offering. Gradually these offerings of clothes became less and less, till they came down to rags. Also, in other parts, the geographical distribution of rag-offerings coincides with the existence of monoliths and dolmens." As to the monoliths and dolmens, I am too little conversant with the facts to feel sure that I understand the President's reference; so perhaps he would not mind amplifying this remark at some opportune moment. But as to his suggestion that the rag originally meant the whole garment, that will suit my hypothesis admirably; in other words, the whole garment was, as I take it, the vehicle of the disease: the whole garment was accursed, and not merely a part of it. The President has returned to the question in his excellent address; and I must at once admit that he has succeeded in proving that a certain amount of confusion is made between things which I regard as belonging originally to distinct categories: witness the inimitable Irish instance which he quoted: — "To St. Columbkill I offer up this button, a bit o' the waistband o' my own breeches, an' a taste o' my wife's petticoat, in remimbrance of us havin' made this holy station; an' may they rise up in glory to prove it for us in the last day." Here not only the button is treated as an offering,


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 Rh but also the bits of clothing; but the confusion of ideas I should explain as being, at least in part, one of the natural results of substituting a portion of a garment for the entire garment; for thereby a button or a pin becomes a part of the dress, and capable of being interpreted in two senses. After all, however, the ordinary practices have not, I believe, resulted in effacing the distinction altogether: the rag is not left in the well; nor is the bead, button, or pin suspended to a branch of the tree. So, on the whole, it seems to me easier to explain the facts, taken all together, on the supposition that originally the rag was regarded as the vehicle of the disease, and the bead, button, or coin as the offering. But on this point I wish to ask whether the disease is ever regarded as attaching to a bead, button, or coin, as it is to the rag on the tree? I ask this for my own information; and I may make the same remark with regard to the whole question: I raise it chiefly with a view to promote its further discussion. Some of our journalistic friends seem to imagine, that, when once one makes a suggestion, one feels bound to fight for it tooth and nail; but this is entirely to misunderstand, I take it, the whole spirit of modern research: at any rate, I should be very sorry to have to maintain all the positions I have taken. But, on the other hand, the conjectures of some men who are seldom quite right have perhaps done more to advance science than the facts of some other men who have never grievously blundered in their lives.

The great majority of the Welsh wells of which I have heard seem simply to have pins thrown into them, mostly in order to get rid of warts from the patients' hands. So I will only mention one or two of them as being to some extent relevant to the question to which your attention has just been called. Ffynnon Gwynwy, or the Well of Gwynwy, near Llangelynin, on the river Conwy, appears to be of this sort; for it formerly used to be well stocked with crooked pins, which nobody would touch lest he might get from them the warts supposed to attach to them. There was a


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text: The Examiner, and Journal of Political Economy/Volume 2/Number 8/An Exposition of the Virginia Resolutions of 1798


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Page:Studies on the legend of the Holy Grail.djvu/9

 STUDIES

ON THE

CELTIC ORIGIN.

BY

ALFRED NUTT.

London:

DAVID NUTT, 270-71, STRAND.

1888.


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 60 well of some repute at Cae Garvv, in the parish of Pistyll, near the foot of Carnguwch, in Lleyn or West Carnarvonshire. The water possessed virtues to cure one of rheumatism and warts; but, in order to be rid of the latter, it was requisite to throw a pin into the well for each individual wart. For these two items of information, and several more to be mentioned presently, I have to thank Mr. John Jones, better known in Wales by his bardic name of Myrddin Fardd, and as an enthusiastic collector of Welsh antiquities, whether MSS. or unwritten folk-lore. On the second day of this year I paid him a visit at Chwilog, on the Carnarvon and Avon Wen Railway, and asked him many questions, which he not only answered with the utmost willingness, but also showed me the unpublished materials that he had collected. To leave him for a moment, I come to the competition on the folk-lore of North Wales at the London Eisteddfod in 1887, in which, as one of the adjudicators, I observed that several of the writers in that competition mentioned the prevalent belief that every well with healing properties must have its outlet towards the south. According to one of the writers, if you wished to get rid of warts, you should, on your way to the well, look for wool which the sheep had lost. When you had found enough wool you should prick each wart with a pin, and then rub the wart well with the wool. The next thing was to bend the pin and throw it into the well. Then you should place the wool on the first whitethorn you could find, and as the wind scattered the wool, the warts would disappear. There was a well of the kind, the writer goes on to say, near his home; and he, with three or four other boys, went from school one day to the well to charm their warts away. For he had twenty-three on one of his hands; so that he always tried to hide it, as it was the belief that if one counted the warts they would double their number. He forgets what became of the other boys' warts, but his own disappeared soon afterwards; and his grandfather used to maintain that it was owing to the virtue of the well. Such


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 Rh were the words of this writer, whose name is unknown to me; but I guess him to have been a native ot Carnarvonshire, or else of one of the neighbouring districts of Denbighshire or Merionethshire. To return to Myrddin Fardd, he mentioned Ffynnon Cefn Lleithfan, or the Well of the Lleithfan Ridge, on the eastern slope of Mynydd y Rhiw, in the parish of Bryncroes, in the west of Lleyn. In the case of this well it is necessary, when going to it and coming from it, to be careful not to utter a word to anybody, or to turn to look back. What one has to do at the well is to bathe the warts with a rag or clout which has grease on it. When that is done, the clout with the grease has to be carefully concealed beneath the stone at the mouth of the well. This brings to my mind the fact that I have, more than once, years ago, noticed rags underneath stones in the water flowing from wells in Wales, and sometimes thrust into holes in the walls of wells, but I had no notion how they came there.

In the cliffs at the west end of Lleyn is a wishing-well called Ffynnon Fair, or St. Mary's Well; where, to obtain your wish, you have to descend the steps to the well and walk up again to the top with your mouth full of the water. Viewing the position of the well from the sea, I should be disposed to think that the realisation of one's wish at that price could not be regarded as altogether cheap. Myrddin Fardd also told me that there used to be a well near Criccieth Church, in Eifionydd, West Carnarvonshire. It was known as Ffynnon y Saint, or the Saints' Well, and it was the custom to throw keys or pins into it on the morning of Easter Sunday, in order to propitiate St. Catherine, who was the patron of the well. I should be glad to know what this exactly means. Lastly, a few of the wells in that part of Gwynedd may be grouped together and described as oracular. One of these, the big well in the parish of Llanbedrog in Lleyn, as I learn from Myrddin Fardd, required the devotee to kneel by it and avow his faith in it. After this was duly done, he might proceed in this wise: to ascertain


text: Dictionary of National Biography, 1885-1900/Thomson, Katharine


text: Dictionary of National Biography, 1885-1900/Thomson, Richard (d.1613)


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Rh opinions so long consecrated by time, and the adoption of a creed more pure in its principles, and more liberal in its spirit, could not fail to encourage, on all other subjects, a congenial freedom of inquiry. These circumstances operated still more directly and powerfully, by their influence in undermining the authority of Aristotle; an authority which for many years was scarcely inferior in the schools to that of the Scriptures, and which, in some Universities, was supported by statutes, requiring the teachers to promise upon oath, that, in their public lectures, they would follow no other guide.

Luther, who was perfectly aware of the corruptions which the Romish Church had contrived to connect with their veneration for the Stagirite, not only threw off the yoke himself, but, in various parts of his writings, speaks of Aristotle with most unbecoming asperity and contempt. In one very remarkable passage, he asserts, that the study of Aristotle was wholly useless, not only in Theology, but in Natural Philosophy. "What does it contribute," he asks, "to the knowledge of things, to trifle and cavil in language conceived and prescribed by Aristotle, concerning matter, form, motion, and time?" The same


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 62 the name of the thief who had stolen from him, he had to throw a bit of bread into the well and name the person whom he suspected. At the name of the thief the bread would sink; so the inquirer went on naming all the persons he could think of until the bit of bread sank: then the thief was identified. Another well of the same kind was Ffynnon Saethon, in Llanfihangel Bachellaeth parish, also in Lleyn. Here it was customary, as he had it in writing, for lovers to throw pins (pinnau) into the well; but these pins appear to have been the points of the blackthorn. At any rate, they cannot well have been of any kind of metal, as we are told that, if they sank in the water, one concluded that one's lover was not sincere in his or her love. Ffynnon Gybi, or St. Cybi's Well, in the parish of Llangybi, was the scene of a somewhat similar practice; for there the girls who wished to know their lovers' intentions would spread their pocket-handkerchiefs on the water of the well, and, if the water pushed the handkerchiefs to the south—in Welsh i'r dé—they knew that everything was right—in Welsh o ddê—and that their lovers were honest and honourable in their intentions; but, if the water shifted the handkerchiefs northwards, they concluded the contrary. A reference to this is made in severe terms by a modern Welsh poet, as follows:—

The spot is not far from where Myrddin Fardd lives; and he mentioned that adjoining the well is a building which was probably intended for the person in charge of the well. However that may be, it has been tenanted


text: Dictionary of National Biography, 1885-1900/Thomson, Richard (1794-1865)


text: Dictionary of National Biography, 1885-1900/Thomson, Robert Dundas


text: Dictionary of National Biography, 1885-1900/Thomson, Robert William


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 Rh within his memory. A well, bearing the remarkable name of Ffyunon Gwynedd, or the Well of Gwynedd, is situated near Mynydd Mawr, in the parish of Abererch, and it used to be consulted in the same way for a different purpose. When it was desired to discover whether an ailing person would recover, a garment of his would be thrown into the well, and according to the side on which it sunk it was known whether he would live or die. All these items are based on Myrddin Fardd's answers to my questions, or on the notes which he gave me to peruse.

The next class of wells to claim our attention consists of what I may call magic wells, of which few are mentioned in connection with Wales; but the legends about them are very curious. One of them is in Myrddin Fardd's neighbourhood, and I questioned him a good deal on the subject: it is called Ffyunon Grassi, or Grace's Well, and it occupies, according to him, a few square feet—he has measured it himself—of the south-east corner of the Lake of Glasfryn Uchaf, in the parish of Llangybi. It appears that it was walled in, and that the stone forming its eastern side has several holes in it, which were intended to let water enter the well and not issue from it. It had a door or cover on its surface; and it was necessary to keep the door always shut, except when water was being drawn. Through somebody's negligence, however, it was once on a time left open: the consequence was that the water of the well flowed out and formed the Glasfryn pool, which is so considerable as to be navigable for small boats. Grassi is supposed in the locality to have been the name of the owner of the well, or at any rate of a woman who had something to do with it. Grassi, or Grace, however, can only be a name which a modern version of the legend has introduced. It probably stands for an older name given to the person in charge of the well, the one, in fact, who neglected to shut the door; but though this name must be comparatively modern, the story, as a whole, does


text: Dictionary of National Biography, 1885-1900/Thomson, Thomas (1768-1852)


text:
Author:John Casper Branner

Translations

 * History of the Origin and Establishment of the Inquisition in Portugal (1926) (orig. História das Origens e Estabelecimento da Inquisição em Portugal, 1854) by Alexandre Herculano

title: Author:John Casper Branner


text: Dictionary of National Biography, 1885-1900/Thomson, Thomas (1773-1852)


text: Dictionary of National Biography, 1885-1900/Thomson, Thomas (1817-1878)


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


text: Dictionary of National Biography, 1885-1900/Thomson, William (1746-1817)


text: Dictionary of National Biography, 1885-1900/Thomson, William (1802-1852)


text: Dictionary of National Biography, 1885-1900/Thomson, William (1819-1890)


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 64 not appear to be at all modern, but very decidedly the contrary.

For the next legend of this kind I have to thank the Rev. J. Fisher, Curate of Llanllwchaiarn, Newtown, Mont., who, in spite of his name, is a genuine Welshman, and—what is more—a Welsh scholar. The following are his words: —"Llyn Llech Owen (the last word is locally sounded w-en, like oo-en in English, as is also the personal name Owen) is on Mynydd Mawr, in the ecclesiastical parish of Gors Las, and the civil parish of Llanarthney, Carmarthenshire. It is a small lake, forming the source of the Gwendraeth Fawr. I have heard the tradition about its origin told by several persons, and by all, until quite recently, pretty much in the same form. In 1884 I took it down from my grandfather, Mr. Rees Thomas (b. 1809, d. 1892), of Cil Coll, Llandebïe—a very intelligent man, with a good fund of old-world Welsh lore—who had lived all his life in the neighbouring parishes of Llandeilo Fawr and Llandebïe.

"The following is the version of the story (translated) as I had it from him:—There was once a man of the name of Owen living on Mynydd Mawr, and he had a well ('ffynnon'). Over this well he kept a large flag ('fflagen neu lech fawr': 'fflagen' is the word in common use now in these parts for a large flat stone), which he was always careful to replace over its mouth after he had satisfied himself or his beast with water. It happened, however, that one day he went on horseback to the well to water his horse, and forgot to put the flag back in its place. He rode off leisurely in the direction of his home; but, after he had gone some distance, he casually looked back, and, to his great astonishment, saw that the well had burst out and was overflowing the whole place. He suddenly bethought him that he should ride back and encompass the overflow of the water as fast as he could; and it was the horse's track in galloping round the water that put a stop to its further overflowing. It is fully believed that, had he


text: Dictionary of National Biography, 1885-1900/Thorburn, Grant


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


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


text: Dictionary of National Biography, 1885-1900/Thoresby, Ralph


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


text: Dictionary of National Biography, 1885-1900/Thorius, Raphael


text: Dictionary of National Biography, 1885-1900/Thorn, Nathaniel


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


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


text: Dictionary of National Biography, 1885-1900/Thornbrough, Edward


text: Dictionary of National Biography, 1885-1900/Thornbury, George Walter


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 Rh not galloped round the flood in the way he did, the well would have been sure to inundate the whole district and drown all. Hence the lake was called the Lake of Owen's Flag ('Llyn Llech Owen').

"I have always felt interested in this story, as it resembled that about the formation of Lough Neagh, etc.; and, happening to meet the Rev. D. Harwood Hughes, B.A., the Vicar of Gors Las (St. Lleian's), last August (1892), I asked him to tell me the legend as he had heard it in his parish. He said that he had been told it, but in a form different from mine, where the 'Owen' was said to have been Owen Glyndwr. This is the substance of the legend as he had heard it:—Owen Glyndwr, when once passing through these parts, arrived here of an evening. He came across a well, and, having watered his horse, placed a stone over it in order to find it again next morning. He then went to lodge for the night at Dyllgoed Farm, close by. In the morning, before proceeding on his journey, he took his horse to the well to give him water, but found to his surprise that the well had become a lake."

Mr. Fisher goes on to mention the later history of the lake: how, some eighty years ago, its banks were the resort on Sunday afternoons of the young people of the neighbourhood, and how a Baptist preacher put an end to their amusements and various kinds of games by preaching at them. However, the lake-side appears to be still a favourite spot for picnics and Sunday-school gatherings.

Mr. Fisher was quite right in appending to his own version that of his friend; but, from the point of view of folk-lore, I must confess that I can make nothing of the latter: it differs from the genuine one as much as chalk does from cheese. It would be naturally gratifying to the pride of local topography to be able to connect with the pool the name of the greatest Owen known to Welsh history; but it is worthy of note that the highly respectable attempt to rationalise the legend wholly fails, as it does not


text: Dictionary of National Biography, 1885-1900/Thorne, James (1795-1872)


text: Dictionary of National Biography, 1885-1900/Thorne, James (1815-1881)


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


text: Dictionary of National Biography, 1885-1900/Thorne, William (fl.1397)


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 66 explain why there is now a lake where there was once but a well. In other words, the euhemerised version is itself evidence corroborative of Mr. Fisher's older version. This, in the form in which he got it from his grandfather, provokes comparison, as he suggests, with the Irish legend of the formation of Loch Ree and Lough Neagh in the story of the Death of Eochaid McMaireda. In that story also there is a horse, but it is a magic horse, who forms the well which eventually overflows and becomes the large body of water known as Lough Neagh. For the magic well was placed in the charge of a woman called Liban; she one day left the cover of the well open, and the catastrophe took place—the water issuing forth and overflowing the country. Liban herself, however, was not drowned, but only changed into a salmon—a form which she retained for three centuries. In my Arthurian Legend, p. 361, I have attempted to show that the name Liban may have its Welsh equivalent in that of Llion, occurring in the name of Llyn Llion, or Llion's Lake, the bursting of which is described in the latest series of Triads (iii, 13, 97) as causing a sort of deluge. I am not certain as to the nature of the relationship between those names, but it seems evident that the stories have a common substratum, though it is to be noticed that no well, magic or otherwise, figures in the Llyn Llion legend, which makes the presence of the monster called the Avanc the cause of the waters bursting forth. So Hu the Mighty, with his team of famous oxen, is made to drag the monster out of the lake. There is, however, another Welsh legend concerning a great overflow in which a well does figure: I allude to that of Cantre'r Gwaelod, or the Bottom Hundred, a fine spacious country supposed to be submerged


text:
The Encyclopedia Americana (1920)/Fischer, Paul Henri

FISCHER, Paul Henri, French naturalist: b. Paris 1835; d. 1893. He studied science and medicine, securing doctorates in both, and became assistant in paleontology at the Museum of Natural History. He was made assistant naturalist there in 1872. After 1856 he was joint editor of the Journal de Conchyliologie and served several terms as president of the Société Géologique de France and the Société Zoologique de France. He published ‘Fauna conchyliologique marine de la Gironde et du sud-ouest de la France’ (1865; enlarged ed., 1875); ‘Recherches sur les Actinies des côtes océaniques de France’ (1876); ‘Manuel de conchyliologie’ (1885); ‘Paléontologie de l'ile de Rhodes’ (1887).


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Bourn Meeting, lent for the occasion. He engaged in correspondence on the 'Logos' (1740-2) with Doddridge (printed in Theol. Repos. vol. i.); on subscription (1743) with the Kidderminster dissenters; on dissent (1746) with Groome, vicar of Sedgley. In his catechetical instructions, founded on the assembly's catechism, he used that manual rather as a point of departure than as a model of doctrine. Although he had a great name for heterodoxy, his preaching was seldom polemical, but full of unction, as were his prayers. In 1751 Bourn declined a call to succeed John Buck (d. 8 July 1750) in his father's congregation at Bolton. He died at Coseley of paralysis on 22 March 1754. His person was small, slight, and active; his glance keen; in dress he was somewhat negligent. He married while at Crook (about 1712) Hannah Harrison (d. 1768), of a good family near Kendal. She bore him nine children: 1. Joseph, born 1713; educated at Glasgow; minister first at Congleton, then at Hindley (1746); married (1748) Miss Farnworth (d. 1785); died 17 Feb. 1765; his eldest daughter Margaret married Samuel Jones (d. 17 March 1819), the Manchester banker, uncle of the first Lord Overstone. 2. [see below]. 3. Abraham, surgeon at Market Harborough, Leicester, and Liverpool; author of pamphlets ('Free and Candid Considerations,' &c., 1755, and 'A Review of the Argument,' &c., 1756) in reply to Peter Whitfield, a learned Liverpool printer and sugar-refiner, who left the dissenters and vigorously attacked their orthodoxy. 4. Benjamin, a London bookseller, author of 'A Sure Guide to Hell' (anon.), 1750, and supplement; he published some of his father's pieces. 5. Daniel, who built at Leominster what is said to have been the first cotton mill erected in England, an enterprise wrecked by a fire. 6. Miles, a mercer at Dudley. 7. John; died under age. Two others died young. Bourn's publications were:
 * 1) 'The Young Christian's Prayer Book,' &c.; 1733; 2nd ed. Dublin, with preface by John Leland, D.D.; 3rd ed. enlarged, 1742; 4th and best edition, 1748.
 * 2) 'An Introduction to the History of the Inquisition,' &c. (anon.), 1735.
 * 3) 'Popery a Craft, and Popish Priests the chief Craftsmen,' 1735, 8vo (a Fifth of November sermon on Acts xix. 25, reprinted in 'A Cordial for Low Spirits,' edited by Thomas Gordon, 2nd ed. 1763, edited by Rev. Richard Baron.
 * 4) 'An Address to Protestant Dissenters; or an Inquiry into the grounds of their attachment to the Assembly's Catechism … being a calm examination of the sixth answer … by a Prot. Dissenter' (anon.), 1736.
 * 5) 'A Dialogue betw. a Baptist and a Churchman; occasioned by the Baptists opening a new Meeting-House for reviving old Calvinistical doctrines and spreading Antinomian and other errors, at Birmingham,' &c. Part I. by ' a consistent Protestant ' (anon.), 1737; Part II. by 'a consistent Christian' (anon.), 1739.
 * 6) 'The Christian Family Prayer Book,' &c., with a recommendation by Isaac Watts, D.D., 1738 (frequently reprinted with additions. A prefixed 'Address to Heads of Families on Family Religion' was reprinted by Rev. John Kentish,, 1803).
 * 7) 'Address to the Congregation of Prot. Dissenters … at the Castle Gate in Nottingham,' &c., by a Prot. Dissenter (anon.), 1738 (in vindication of No. 4, which had been attacked by Rev. James Sloss, of Nottingham).
 * 8) ' Lectures to Children and Young People … consisting of Three Catechisms. … with a preface,' &c., 1738 (prefixed is a recommendation by Revs. John Mottershead, Josiah Rogerson, Henry Grove,, D.D. [q. v.], Samuel Chandler, D.D., and , D.D. [q. v.], whom Bourn describes as his intimate friend; appended is the revision of the assembly's catechism, by James Strong, minister at Ilminster; 2nd ed. 1739; 3rd ed. 1748 (with title, 'Religious Education,' &c.); the third catechism of the set was re-edited by Job Orton as 'A Summary of Doctrinal and Practical Religion.'
 * 9) 'The True Christian Way of Striving for the Faith of the Gospel,' 1738, 8vo (sermon, on Phil. i. 27, 28, at the Dudley double lecture, 23 May).
 * 10) 'Remarks on a pretended Answer' to th& last piece (anon.), 1739.
 * 11) 'The Christian Catechism,' &c. (anon.), 1744 (intended as a preservative against Deism).
 * 12) 'Address' in services at ordination of Job Orton on 18 Sept. 1745 at Shrewsbury (a charge, from 1 Thess. ii. 10).
 * 13) 'The Protestant Catechism,' &c. (anon.), 1746.
 * 14) 'The Protestant Dissenters' Catechism … by a lover of truth and liberty ' (anon.), 1747.
 * 15) 'An Answer to the Remarks of an unknown Clergyman' on the foregoing (anon.), 1748 (annexed is a letter from a London dissenter on kneeling at the Lord's Supper).
 * 16) 'A new Call to the Unconverted' (anon.) 1754, 8vo (four sermons on Ezek. xxxiii. 2).
 * 17) (posthumous) 'Twenty Sermons on the most serious and practical subjects of the Christian Religion,' 1755, 8vo; 2nd ed. 1757. Toulmin prints selections from his catechetical lectures on scripture history, and describes the manuscript of a projected work on 'The Scriptures of the O. T. digested under proper heads … according to the method of Dr. Gastrell, bishop of Chester,' &c.

[Blyth's Fun. Serm. for Rev. S. Bourn, 1754; Toulmin's Mem. of Rev. Samuel Bourn, 1808; Turner's Lives of Eminent Unitarians, vol. ii.


text: The New International Encyclopædia/Fischer, Paul Henri


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Rh in Cardigan Bay. Modern euhemerism treats it as defended by embankments and sluices, which, we are told, were in the charge of the prince of the country, named Seithennin, who, being one day in his cups, forgot to shut the sluices, and thus brought about the inundation, which was the end of his fertile realm. This, however, is not the old legend; which speaks of a well, and lays the blame on a woman—a pretty sure sign of antiquity, as you may judge from other old stories which will readily occur to you. The Welsh legend to which I allude is a short poem in the Black Book of Carmarthen, consisting of eight triplets, to which is added a triplet from the Englynion of the Graves (also found on fo. 33a of the B. B.).

The following is a tentative translation of it: —

 * Seithenhin sawde allan.

ac edrẏchuirde varanres mor.

maes guitnev rẏtoes.

Seithennin, stand thou forth

And see the vanguard of the main—

Gwyðno's plain has it covered.

Boed emendiceid ẏ morvin

aehellẏgaut guẏdi cvin.

finaun wenestir mor terruin.

Accursed be the maiden

Who after supping let it loose—

The well-servant of the high sea.

Boed emendiceid ẏ vachteith.

ae. golligaut guẏdi gueith.

finaun wenestir mor diffeith.

Accursed be the spinster

Who after battle let it loose—

The well-servant of the main.


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AND

DEVOTED TO THE ADVANCEMENT OF THE CAUSE OF STATE RIGHTS AND FREE TRADE. The Powers not Delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People. . . ''Amendments to the Constitution, Art. X.''

Freedom of Industry, as sacred as freedom of speech or of the press. . . Jefferson.

AN EXPOSITION Of the Virginia Resolutions of 1798, in a series of Essays, addressed to Thomas Ritchie, by a distinguished citizen of Virginia, under the signature of "," in February, 1833.

No. VI.

You have been, sir, exceedingly unsparing in your denunciation of nullification, but I do not recollect that you have ever afforded a single argument against it. You have indeed abused Mr. Calhoun, until even his worst enemies are ready to takes sides with him, from mere sympathy with the persecuted and oppressed. That such a man should be borne down before an enlightened people, by a man of Andrew Jackson's pretensions, is a moral anomaly, worthy the especial notice of the future historian. You appear to have thought, that it was enough to destroy John C. Calhoun, and nullification must fall of course. This is a mistake. The doctrine did not originate with him, does not depend on him for its support, and will not die with the death of his influence. You may, therefore, spare him without fear that such a tribute to decency, will affect nullification either one way or the other. It would certainly have been much more worthy of your standing among our public journals, if you had attempted to enlighten our understandings instead of appealing to our partizan feelings. The huzzas of man-worship are alike degrading to the press, and insulting to its supporters. Instead of proving that nullification is wrong, you have wisely, perhaps, but not generously, it is certain, contented yourself with efforts to prove that the Nullifiers are wrong. This was beyond all doubt much the easier task of the two, but unfortunately, the mass of your readers have not so understood you. Your paragraphs have been so contrived as to be generally received as an utter denunciation of South Carolina, and her whole doctrines and proceedings together, at the same time that their strict letter will allow you to say hereafter, that your reproaches were meant, not for the doctrine, but only for the particular mode of asserting it. It always gives me pain to see an influential public journal dealing with its readers in this uncandid way. Whenever the press yields itself wholly to party, it becomes, instead of a blessing, the worst possible curse to a free country. It is then dangerous in exact proportion to its influence. Whenever the liberties of this country shall be overturned, a corrupt and hireling press will be the chief agent in the mischief. This, however, is a digression, and it will certainly make no impression upon you. I was going to say, that while the principles upon which South Carolina has proceeded are undeniably right, I agree with you, that she has fallen into some very great errors, in her course of proceeding. On one point, I will agree with the President of the United States, an approximation to error at which I cannot but feel uneasy. I think that the Tariff laws, although clearly against the spirit of the Constitution, by the gross inequality of their burthens, are yet no so "palpably" unconstitutional as to call for Nullification, nor so "dangerous" as to demand Secession, until every hope shall be lost, that Congress will modify them. I, therefore, may well censure South Carolina in this respect, but you cannot; for you profess to consider those laws altogether and unequivocally unconstitutional. I think also, that South Carolina appointed too early a day, for the operation of her ordinance. I think also, that some of her enactments for enforcing that ordinance are too rigorous, and probably are themselves unconstitutional. And I have another objection which I have not yet seen stated in any newspaper. The principle upon which nullification proceeds, demand that the nullifying State, shall refer her decision to conventions of the other States—and that she shall give way, if such Conventions overrule her. In every case therefore, which will admit of it, she ought to take care that the other States sustain no injury from the suspension of the law by her, in case her decision should be overruled. In the present case, the injury would consist in the loss of duties, and therefore, South Carolina should merely have suspended the payment of duties, and should have guaranteed the ultimate payment of every cent of them, in case the other States—and a bare majority ought to be sufficient—should decide the Tariff Laws to be constitutional and she should thereupon determine not to secede. In all these respects, and perhaps in others, South Carolina appears to me, to have acted unadvisedly. Suppose, however, that she had avoided all these errors, would it not have been nullification still? And with what could you then have reproached her? Suppose that, instead of tariff laws, she had nullified a law declaring all her slaves to be free? Would you not have commended her extraordinary moderation, and her scrupulous respect for her co-States, in submitting to them the question of the constitutionality of such a law, involving directly the highest of her rights? You certainly would, sir; and wherein, then consists the difference? Simply, Mr. Ritchie, in the application of the doctrine, and not in the doctrine.—Hereafter, sir, when you denounce nullification, you should say, in unequivocal terms, that it is not nullification in itself, but South