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 was represented in 1788 and won for the author the praise of La Harpe. Andrieux hailed the beginning of the Revolution with delight and received a place under the new government, but at the beginning of the Terror he retreated to Mévoisins, the patrimony of his friend Collin d’Harleville. Under the Convention he was made civil judge in the Court of Cassation, and was one of the original members of the Institute. A moderate statesman, he was elected secretary and finally president of the Tribunat, but with other of his colleagues he was expelled for his irreconcilable attitude towards the establishment of the civil code. On his retirement he again turned to write for the stage, producing Le Trésor and Molière avec ses amis in 1804. He became librarian to Joseph Bonaparte and to the Senate, was professor of grammar and literature at the École Polytechnique and eventually at the Collège de France. As a professor he was extraordinarily successful, and his lectures, which have unhappily not been preserved, attracted mature men as well as the ordinary students. He was rigidly classical in his tastes, and an ardent opponent of romanticism, which tended in his opinion to the subversion of morals. Among his other plays are La Comédienne (1816), one of his best comedies, and a tragedy, Lucius Junius Brutus (1830). Andrieux was the author of some excellent stories and fables: La Promenade de Fénelon, Le Bulle d’Alexandre VI. and the Meunier de Saint-Souci. In 1829 he became perpetual secretary to the Academy, and in fulfilment of his functions he worked hard at the completion of the Dictionary. He died on the 9th of May 1833 in Paris.

ANDRISCUS, often called the “pseudo-Philip,” a fuller of Adramyttium, who claimed to be a son of Perseus, last king of Macedonia. He occupied the throne for a year (149–148 ). Unable to obtain a following in Macedonia, he applied to Demetrius Soter of Syria, who handed him over to the Romans. He contrived, however, to escape; reappeared in Macedonia with a large body of Thracians; and, having completely defeated the praetor Publius Juventius (149), he assumed the title of king. His conquest of Thessaly and alliance with Carthage made the situation dangerous. Eventually he was defeated by Q. Caecilius Metellus (148), and fled to Thrace, whose prince gave him up to Rome. He figured in the triumph of Metellus (146), who received the title of “Macedonicus” for his victory. Andriscus’s brief reign was marked by cruelty and extortion. After this Macedonia was formally reduced to a province.

ANDROCLUS, a Roman slave who lived about the time of Tiberius. He is the hero of a story told by Aulus Gellius (v. 14), which states that Androclus had taken refuge from the cruelties of his master in a cave in Africa, when a lion entered the cave and showed him his swollen paw, from which Androclus extracted a large thorn. The grateful animal subsequently recognized him when he had been captured and thrown to the wild beasts in the circus, and, instead of attacking him, began to caress him (Aelian, De Nat. An. vii. 48). ANDROMACHE, in Greek legend, the daughter of Eëtion, prince of Thebe in Mysia, and wife of Hector. Her father and seven brothers fell by the hands of Achilles when their town was taken by him; her mother, ransomed at a high price, was slain by Artemis (Iliad, vi. 414). During the Trojan War her husband was slain by Achilles, and after the capture of the city her son Astyanax (or Scamandrius) was hurled from the battlements (Eurip. Troades. 720). When the captives were allotted, Andromache fell to Neoptolemus (Pyrrhus), the son of Achilles, whom she accompanied to Epirus, and to whom she bore three sons. When Neoptolemus was slain at Delphi, he left his wife and kingdom to Helenus, the brother of Hector (Virgil, Aen. iii. 294). After the death of her third husband, Andromache returned to Asia Minor with her youngest son Pergamus, who there founded a town named after himself. Andromache is one of the finest characters in Homer, distinguished by her affection for her husband and child, her misfortunes and the resignation with which she endures them. The death of Astyanax, and the farewell scene between Andromache and Hector (Iliad, vi. 323), were represented in ancient works of art, while Andromache herself is the subject of tragedies by Euripides and Racine. ANDROMEDA, in Greek legend, the daughter of Cepheus and Cassiopeia (Cassiope, Cassiepeia), king and queen of the Ethiopians. Cassiopeia, having boasted herself equal in beauty to the Nereïds, drew down the vengeance of Poseidon, who sent an inundation on the land and a sea-monster which destroyed man and beast. The oracle of Ammon having announced that no relief would be found until the king exposed his daughter Andromeda to the monster, she was fastened to a rock on the shore. Here Perseus, returning from having slain the Gorgon, found her, slew the monster, set her free, and married her in spite of Phineus, to whom she had before been promised. At the wedding a quarrel took place between the rivals, and Phineus was turned to stone by the sight of the Gorgon’s head (Ovid, Metam. v. 1). Andromeda followed her husband to Tiryns in Argos, and became the ancestress of the family of the Perseidae. After her death she was placed by Athena amongst the constellations in the northern sky, near Perseus and Cassiopeia. Sophocles and Euripides (and in modern times Corneille) made the story the subject of tragedies, and its incidents were represented in numerous ancient works of art.

The Greeks personified the constellation Andromeda as a woman with her arms extended and chained. Its Latin names are Persea, Mulier catenata (“chained woman”), Virgo devota, &c.; the Arabians replaced the woman by a seal; Wilhelm Schickard (1592–1635) named the constellation “Abigail”; Julius Schiller assigned to it the figure of a sepulchre, naming it the “Holy Sepulchre.” In 1786 Johann Elert Bode formed a new constellation, named the “Honours of Frederick,” after his patron Frederick II., out of certain stars situated in the arm of Ptolemy’s Andromeda; this innovation found little favour and is now discarded.

Twenty-three stars are catalogued by Ptolemy and Tycho Brahe; Hevelius increased this number to forty-seven, while Flamsteed gave sixty-six. The most brilliant stars are Andromedae or “Andromeda’s head,” and  Andromedae in the girdle (Arabic mirach or mizar), both of the second magnitude;  Andromedae in the foot (alamak or alhames), of the third magnitude. Scientific interest centres mainly on the following:—the nebula in Andromeda, one of the finest in the sky (see ); Andromedae, the finest binary in the heavens, made up of a yellow star of magnitude 2, and a blue-green of magnitude 5, the latter being itself binary; Nova Andromedae, a “new” star, discovered in the nebula by C. E. A. Hartwig in 1885, and subsequently spectroscopically examined by many observers; R Andromedae, a regularly variable star; and the Andromedids, a meteoric swarm, associated with Biela’s comet, and having their radiant in this constellation (see ). ANDRON (Gr.  ), that part of a Greek house which was reserved for men, as distinguished from the gynaeceum ( ), the women’s quarters. ANDRONICUS I., emperor of the East, son of Isaac, and grandson of Alexius I. Comnenus, was born about the beginning of the 12th century. He was endowed by nature with the most remarkable gifts both of mind and body. He was handsome and eloquent, but licentious; and at the same time active, hardy, courageous, a great general and an able politician. His early years were spent in alternate pleasure and military service. In 1141 he was taken captive by the Turks (Seljuks) and remained in their hands for a year. On being ransomed he went to Constantinople, where was held the court of his cousin, the emperor Manuel, with whom he was a great favourite. Here the charms of his niece, the princess Eudoxia, attracted him. She became his mistress, while her sister Theodora stood in a similar relation to the emperor Manuel. In 1152, accompanied by Eudoxia, he set out for an important command in Cilicia. Failing in his principal enterprise, an attack upon Mopsuestia, he returned, but was

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430 more thought of thine own superhuman, angelical strength; which so, has a very little been transferred to me. Oh, Pierre, Pierre, with what words shall I write thee now;—now, when still knowing nothing, yet something of thy secret I, as a seer, suspect. Grief,—deep, unspeakable grief, hath made me this seer. I could murder myself, Pierre, when I think of my previous blindness; but that only came from my swoon. It was horrible and most murdersome; but now I see thou wert right in being so instantaneous with me, and in never afterward writing to me, Pierre; yes, now I see it, and adore thee the more.

'Ah! thou too noble and angelical Pierre, now I feel that a being like thee, can possibly have no love as other men love; but thou lovest as angels do; not for thyself, but wholly for others. But still are we one, Pierre; thou art sacrificing thyself, and I hasten to re-tie myself to thee, that so I may catch thy fire, and all the ardent multitudinous arms of our common flames may embrace. I will ask of thee nothing, Pierre; thou shalt tell me no secret. Very right wert thou, Pierre, when, in that ride to the hills, thou wouldst not swear the fond, foolish oath I demanded. Very right, very right; now I see it.

'If then I solemnly vow, never to seek from thee any slightest thing which thou wouldst not willingly have me know; if ever I, in all outward actions, shall recognise, just as thou dost, the peculiar position of that mysterious, and ever-sacred being;—then, may I not come and live with thee? I will be no encumbrance to thee. I know just where thou art, and how thou art living; and only just there, Pierre, and only just so, is any further life endurable, or possible for me. She will never know—for thus far I am sure thou thyself hast never disclosed it to her what I once was to thee. Let it seem, as though I

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Rh Clark, the brother of General William Clark, the first white man who ever crossed the Rocky Mountains. I had engaged to go with him, but was, as I have said, unfortunately prevented. To return to our journey. When we reached Cash Creek we were bound by ice for a few weeks; we then attempted to ascend the Mississippi, but were again stopped in the great bend called Tawapatee Bottom, where we again planted our camp till a thaw broke the ice. In less than six weeks, however, we reached the village of St. Genevieve. I found at once it was not the place for me; its population was then composed of low French Canadians, uneducated and uncouth, and the ever-longing wish to be with my beloved wife and children drew my thoughts to Henderson, to which I decided to return almost immediately. Scarcely any communication existed between the two places, and I felt cut off from all dearest to me. Rozier, on the contrary, liked it; he found plenty of French with whom to converse. I proposed selling out to him, a bargain was made, he paid me a certain amount in cash, and gave me bills for the residue. This accomplished, I purchased a beauty of a horse, for which I paid dear enough, and bid Rozier farewell. On my return trip to Henderson I was obliged to stop at a humble cabin, where I so nearly ran the chance of losing my life, at the hands of a woman and her two desperate sons, that I have thought fit since to introduce this passage in a sketch called "The Prairie," which is to be found in the first volume of my "Ornithological Biography."

Winter was just bursting into spring when I left the land of lead mines. Nature leaped with joy, as it were, at her own new-born marvels, the prairies began to be dotted with beauteous flowers, abounded with deer, and my own heart was filled with happiness at the sights before me. I must not forget to tell you that I crossed those prairies on foot at another time, for the purpose of collecting the money due to me from Rozier, and that I walked one hundred and sixty-five miles in a little over three days, much of the time nearly ankle deep in mud and water, from which I suffered much afterward by swollen feet. I reached Henderson in early March, and a few weeks later the lower portions of Kentucky

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32 and the shores of the Mississippi suffered severely by earthquakes. I felt their effects between Louisville and Henderson, and also at Dr. Rankin's. I have omitted to say that my second son, John Woodhouse, was born under Dr. Rankin's roof on November 30, 1812; he was an extremely delicate boy till about a twelvemonth old, when he suddenly acquired strength and grew to be a lusty child.

Your uncle, Thomas W. Bakewell, had been all this time in New Orleans, and thither I had sent him almost all the money I could raise but notwithstanding this, the firm could not stand, and one day, while I was making a drawing of an otter, he suddenly appeared. He remained at Dr. Rankin's a few days, talked much to me about our misfortunes in trade, and left us for Fatland Ford.

My pecuniary means were now much reduced. I continued to draw birds and quadrupeds, it is true, but only now and then thought of making any money. I bought a wild horse, and on its back travelled over Tennessee and a portion of Georgia, and so round till I finally reached Philadelphia, and then to your grandfather's at Fatland Ford. He had sold my plantation of Mill Grove to Samuel Wetherell, of Philadelphia, for a good round sum, and with this I returned through Kentucky and at last reached Henderson once more. Your mother was well, both of you were lovely darlings of our hearts, and the effects of poverty troubled us not. Your uncle T. W. Bakewell was again in New Orleans and doing rather better, but this was a mere transient clearing of that sky which had been obscured for many a long day.

Determined to do something for myself, I took to horse, rode to Louisville with a few hundred dollars in my pockets, and there purchased, half cash, half credit, a small stock, which I brought to Henderson. Chemin faisant, I came in contact with, and was accompanied by, General Toledo, then on his way as a revolutionist to South America. As our flatboats were floating one clear moonshiny night lashed together, this individual opened his views to me, promising me wonders of wealth should I decide to accompany him, and he went so far as to offer me a colonelcy

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United States Code/Title 42/Chapter 85/Section 7511b

§ 7511b. Federal ozone measures CAA § 183

(a) Control techniques guidelines for VOC sources
Within 3 years after November 15, 1990, the Administrator shall issue control techniques guidelines, in accordance with section 7408 of this title, for 11 categories of stationary sources of VOC emissions for which such guidelines have not been issued as of November 15, 1990, not including the categories referred to in paragraphs (3) and (4) of subsection (b) of this section. The Administrator may issue such additional control techniques guidelines as the Administrator deems necessary.

(b) Existing and new CTGS

 * (1) Within 36 months after November 15, 1990, and periodically thereafter, the Administrator shall review and, if necessary, update control technique guidance issued under section 7408 of this title before November 15, 1990.
 * (2) In issuing the guidelines the Administrator shall give priority to those categories which the Administrator considers to make the most significant contribution to the formation of ozone air pollution in ozone nonattainment areas, including hazardous waste treatment, storage, and disposal facilities which are permitted under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.]. Thereafter the Administrator shall periodically review and, if necessary, revise such guidelines.
 * (3) Within 3 years after November 15, 1990, the Administrator shall issue control techniques guidelines in accordance with section 7408 of this title to reduce the aggregate emissions of volatile organic compounds into the ambient air from aerospace coatings and solvents. Such control techniques guidelines shall, at a minimum, be adequate to reduce aggregate emissions of volatile organic compounds into the ambient air from the application of such coatings and solvents to such level as the Administrator determines may be achieved through the adoption of best available control measures. Such control technology guidance shall provide for such reductions in such increments and on such schedules as the Administrator determines to be reasonable, but in no event later than 10 years after the final issuance of such control technology guidance. In developing control technology guidance under this subsection, the Administrator shall consult with the Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration with regard to the establishment of specifications for such coatings. In evaluating VOC reduction strategies, the guidance shall take into account the applicable requirements of section 7412 of this title and the need to protect stratospheric ozone.
 * (4) Within 3 years after November 15, 1990, the Administrator shall issue control techniques guidelines in accordance with section 7408 of this title to reduce the aggregate emissions of volatile organic compounds and PM–10 into the ambient air from paints, coatings, and solvents used in shipbuilding operations and ship repair. Such control techniques guidelines shall, at a minimum, be adequate to reduce aggregate emissions of volatile organic compounds and PM–10 into the ambient air from the removal or application of such paints, coatings, and solvents to such level as the Administrator determines may be achieved through the adoption of the best available control measures. Such control techniques guidelines shall provide for such reductions in such increments and on such schedules as the Administrator determines to be reasonable, but in no event later than 10 years after the final issuance of such control technology guidance. In developing control techniques guidelines under this subsection, the Administrator shall consult with the appropriate Federal agencies.

(c) Alternative control techniques
Within 3 years after November 15, 1990, the Administrator shall issue technical documents which identify alternative controls for all categories of stationary sources of volatile organic compounds and oxides of nitrogen which emit, or have the potential to emit 25 tons per year or more of such air pollutant. The Administrator shall revise and update such documents as the Administrator determines necessary.

(d) Guidance for evaluating cost-effectiveness
Within 1 year after November 15, 1990, the Administrator shall provide guidance to the States to be used in evaluating the relative cost-effectiveness of various options for the control of emissions from existing stationary sources of air pollutants which contribute to nonattainment of the national ambient air quality standards for ozone.

(1) Definitions

 * For purposes of this subsection—

(A) Best available controls

 * The term “best available controls” means the degree of emissions reduction that the Administrator determines, on the basis of technological and economic feasibility, health, environmental, and energy impacts, is achievable through the application of the most effective equipment, measures, processes, methods, systems or techniques, including chemical reformulation, product or feedstock substitution, repackaging, and directions for use, consumption, storage, or disposal.

(B) Consumer or commercial product

 * The term “consumer or commercial product” means any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of volatile organic compounds. The term does not include fuels or fuel additives regulated under section 7545 of this title, or motor vehicles, non-road vehicles, and non-road engines as defined under section 7550 of this title.

(C) Regulated entities

 * The term “regulated entities” means—
 * (i) manufacturers, processors, wholesale distributors, or importers of consumer or commercial products for sale or distribution in interstate commerce in the United States; or
 * (ii) manufacturers, processors, wholesale distributors, or importers that supply the entities listed under clause (i) with such products for sale or distribution in interstate commerce in the United States.

(A) Study

 * The Administrator shall conduct a study of the emissions of volatile organic compounds into the ambient air from consumer and commercial products (or any combination thereof) in order to—
 * (i) determine their potential to contribute to ozone levels which violate the national ambient air quality standard for ozone; and
 * (ii) establish criteria for regulating consumer and commercial products or classes or categories thereof which shall be subject to control under this subsection.
 * The study shall be completed and a report submitted to Congress not later than 3 years after November 15, 1990.

(B) Consideration of certain factors

 * In establishing the criteria under subparagraph (A)(ii), the Administrator shall take into consideration each of the following:
 * (i) The uses, benefits, and commercial demand of consumer and commercial products.
 * (ii) The health or safety functions (if any) served by such consumer and commercial products.
 * (iii) Those consumer and commercial products which emit highly reactive volatile organic compounds into the ambient air.
 * (iv) Those consumer and commercial products which are subject to the most cost-effective controls.
 * (v) The availability of alternatives (if any) to such consumer and commercial products which are of comparable costs, considering health, safety, and environmental impacts.

(A) In general

 * Upon submission of the final report under paragraph (2), the Administrator shall list those categories of consumer or commercial products that the Administrator determines, based on the study, account for at least 80 percent of the VOC emissions, on a reactivity-adjusted basis, from consumer or commercial products in areas that violate the NAAQS for ozone. Credit toward the 80 percent emissions calculation shall be given for emission reductions from consumer or commercial products made after November 15, 1990. At such time, the Administrator shall divide the list into 4 groups establishing priorities for regulation based on the criteria established in paragraph (2). Every 2 years after promulgating such list, the Administrator shall regulate one group of categories until all 4 groups are regulated. The regulations shall require best available controls as defined in this section. Such regulations may exempt health use products for which the Administrator determines there is no suitable substitute. In order to carry out this section, the Administrator may, by regulation, control or prohibit any activity, including the manufacture or introduction into commerce, offering for sale, or sale of any consumer or commercial product which results in emission of volatile organic compounds into the ambient air.

(B) Regulated entities

 * Regulations under this subsection may be imposed only with respect to regulated entities.

(C) Use of CTGS

 * For any consumer or commercial product the Administrator may issue control techniques guidelines under this chapter in lieu of regulations required under subparagraph (A) if the Administrator determines that such guidance will be substantially as effective as regulations in reducing emissions of volatile organic compounds which contribute to ozone levels in areas which violate the national ambient air quality standard for ozone.

(4) Systems of regulation

 * The regulations under this subsection may include any system or systems of regulation as the Administrator may deem appropriate, including requirements for registration and labeling, self-monitoring and reporting, prohibitions, limitations, or economic incentives (including marketable permits and auctions of emissions rights) concerning the manufacture, processing, distribution, use, consumption, or disposal of the product.

(5) Special fund

 * Any amounts collected by the Administrator under such regulations shall be deposited in a special fund in the United States Treasury for licensing and other services, which thereafter shall be available until expended, subject to annual appropriation Acts, solely to carry out the activities of the Administrator for which such fees, charges, or collections are established or made.

(6) Enforcement

 * Any regulation established under this subsection shall be treated, for purposes of enforcement of this chapter, as a standard under section 7411 of this title and any violation of such regulation shall be treated as a violation of a requirement of section 7411 (e) of this title.

(7) State administration

 * Each State may develop and submit to the Administrator a procedure under State law for implementing and enforcing regulations promulgated under this subsection. If the Administrator finds the State procedure is adequate, the Administrator shall approve such procedure. Nothing in this paragraph shall prohibit the Administrator from enforcing any applicable regulations under this subsection.

(8) Size, etc.

 * No regulations regarding the size, shape, or labeling of a product may be promulgated, unless the Administrator determines such regulations to be useful in meeting any national ambient air quality standard.

(9) State consultation

 * Any State which proposes regulations other than those adopted under this subsection shall consult with the Administrator regarding whether any other State or local subdivision has promulgated or is promulgating regulations on any products covered under this part. The Administrator shall establish a clearinghouse of information, studies, and regulations proposed and promulgated regarding products covered under this subsection and disseminate such information collected as requested by State or local subdivisions.

(1) Schedule for standards

 * (A) Within 2 years after November 15, 1990, the Administrator, in consultation with the Secretary of the Department in which the Coast Guard is operating, shall promulgate standards applicable to the emission of VOCs and any other air pollutant from loading and unloading of tank vessels (as that term is defined in section 2101 of title 46) which the Administrator finds causes, or contributes to, air pollution that may be reasonably anticipated to endanger public health or welfare. Such standards shall require the application of reasonably available control technology, considering costs, any nonair-quality benefits, environmental impacts, energy requirements and safety factors associated with alternative control techniques. To the extent practicable such standards shall apply to loading and unloading facilities and not to tank vessels.
 * (B) Any regulation prescribed under this subsection (and any revision thereof) shall take effect after such period as the Administrator finds (after consultation with the Secretary of the department [1] in which the Coast Guard is operating) necessary to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period, except that the effective date shall not be more than 2 years after promulgation of such regulations.

(2) Regulations on equipment safety

 * Within 6 months after November 15, 1990, the Secretary of the Department in which the Coast Guard is operating shall issue regulations to ensure the safety of the equipment and operations which are to control emissions from the loading and unloading of tank vessels, under section 3703 of title 46 and section 1225 of title 33. The standards promulgated by the Administrator under paragraph (1) and the regulations issued by a State or political subdivision regarding emissions from the loading and unloading of tank vessels shall be consistent with the regulations regarding safety of the Department in which the Coast Guard is operating.

(3) Agency authority

 * (A) The Administrator shall ensure compliance with the tank vessel emission standards prescribed under paragraph (1)(A). The Secretary of the Department in which the Coast Guard is operating shall also ensure compliance with the tank vessel standards prescribed under paragraph (1)(A).
 * (B) The Secretary of the Department in which the Coast Guard is operating shall ensure compliance with the regulations issued under paragraph (2).

(4) State or local standards

 * After the Administrator promulgates standards under this section, no State or political subdivision thereof may adopt or attempt to enforce any standard respecting emissions from tank vessels subject to regulation under paragraph (1) unless such standard is no less stringent than the standards promulgated under paragraph (1).

(5) Enforcement

 * Any standard established under paragraph (1)(A) shall be treated, for purposes of enforcement of this chapter, as a standard under section 7411 of this title and any violation of such standard shall be treated as a violation of a requirement of section 7411 (e) of this title.

(g) Ozone design value study
The Administrator shall conduct a study of whether the methodology in use by the Environmental Protection Agency as of November 15, 1990, for establishing a design value for ozone provides a reasonable indicator of the ozone air quality of ozone nonattainment areas. The Administrator shall obtain input from States, local subdivisions thereof, and others. The study shall be completed and a report submitted to Congress not later than 3 years after November 15, 1990. The results of the study shall be subject to peer and public review before submitting it to Congress.

(A) In general

 * No noncommercial motor vehicle registered in a foreign country and operated by a United States citizen or by an alien who is a permanent resident of the United States, or who holds a visa for the purposes of employment or educational study in the United States, may enter a covered ozone nonattainment area from a foreign country bordering the United States and contiguous to the nonattainment area more than twice in a single calendar-month period, if State law has requirements for the inspection and maintenance of such vehicles under the applicable implementation plan in the nonattainment area.

(B) Applicability

 * Subparagraph (A) shall not apply if the operator presents documentation at the United States border entry point establishing that the vehicle has complied with such inspection and maintenance requirements as are in effect and are applicable to motor vehicles of the same type and model year.

(2) Sanctions for violations

 * The President may impose and collect from the operator of any motor vehicle who violates, or attempts to violate, paragraph (1) a civil penalty of not more than $200 for the second violation or attempted violation and $400 for the third and each subsequent violation or attempted violation.

(3) State election

 * The prohibition set forth in paragraph (1) shall not apply in any State that elects to be exempt from the prohibition. Such an election shall take effect upon the President’s receipt of written notice from the Governor of the State notifying the President of such election.

(4) Alternative approach

 * The prohibition set forth in paragraph (1) shall not apply in a State, and the President may implement an alternative approach, if—
 * (A) the Governor of the State submits to the President a written description of an alternative approach to facilitate the compliance, by some or all foreign-registered motor vehicles, with the motor vehicle inspection and maintenance requirements that are—
 * (i) related to emissions of air pollutants;
 * (ii) in effect under the applicable implementation plan in the covered ozone nonattainment area; and
 * (iii) applicable to motor vehicles of the same types and model years as the foreign-registered motor vehicles; and
 * (B) the President approves the alternative approach as facilitating compliance with the motor vehicle inspection and maintenance requirements referred to in subparagraph (A).

(5) Definition of covered ozone nonattainment area

 * In this section, the term “covered ozone nonattainment area” means a Serious Area, as classified under section 7511 of this title as of October 27, 1998.


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Rh on what he was pleased to call "his Safe Guard." I listened, it is true, but looked more at the heavens than on his face, and in the former found so much more of peace than of war that I concluded not to accompany him.

When our boats arrived at Henderson, he landed with me, purchased many horses, hired some men, and coaxed others, to accompany him, purchased a young negro from me, presented me with a splendid Spanish dagger and my wife with a ring, and went off overland toward Natchez, with a view of there gathering recruits.

I now purchased a ground lot of four acres, and a meadow of four more at the back of the first. On the latter stood several buildings, an excellent orchard, etc., lately the property of an English doctor, who had died on the premises, and left the whole to a servant woman as a gift, from whom it came to me as a freehold. The pleasures which I have felt at Henderson, and under the roof of that log cabin, can never be effaced from my heart until after death. The little stock of goods brought from Louisville answered perfectly, and in less than twelve months I had again risen in the world. I purchased adjoining land, and was doing extremely well when Thomas Bakewell came once more on the tapis, and joined me in commerce. We prospered at a round rate for a while, but unfortunately for me, he took it into his brain to persuade me to erect a steam-mill at Henderson, and to join to our partnership an Englishman of the name of Thomas Pears, now dead.

Well, up went the steam-mill at an enormous expense, in a country then as unfit for such a thing as it would be now for me to attempt to settle in the moon. Thomas Pears came to Henderson with his wife and family of children, the mill was raised, and worked very badly. Thomas Pears lost his money and we lost ours.

It was now our misfortune to add other partners and petty agents to our concern; suffice it for me to tell you, nay, to assure you, that I was gulled by all these men. The new-born Kentucky banks nearly all broke in quick succession; and again we started with a new set of partners; these were your present uncle N.

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34 and Benjamin Page of Pittsburg. Matters, however, grew worse every day; the times were what men called "bad," but I am fully persuaded the great fault was ours, and the building of that accursed steam-mill was, of all the follies of man, one of the greatest, and to your uncle and me the worst of all our pecuniary misfortunes. How I labored at that infernal mill! from dawn to dark, nay, at times all night. But it is over now; I am old, and try to forget as fast as possible all the different trials of those sad days. We also took it into our heads to have a steamboat, in partnership with the engineer who had come from Philadelphia to fix the engine of that mill. This also proved an entire failure, and misfortune after misfortune came down upon us like so many avalanches, both fearful and destructive.

About this time I went to New Orleans, at the suggestion of your uncle, to arrest T—— B——, who had purchased a steamer from us, but whose bills were worthless, and who owed us for the whole amount. I travelled down to New Orleans in an open skiff, accompanied by two negroes of mine; I reached New Orleans one day too late; Mr. B—— had been compelled to surrender the steamer to a prior claimant. I returned to Henderson, travelling part way on the steamer "Paragon," walked from the mouth of the Ohio to Shawnee, and rode the rest of the distance. On my arrival old Mr. Berthoud told me that Mr. B—— had arrived before me, and had sworn to kill me. My affrighted Lucy forced me to wear a dagger. Mr. B—— walked about the streets and before my house as if watching for me, and the continued reports of our neighbors prepared me for an encounter with this man, whose violent and ungovernable temper was only too well known. As I was walking toward the steam-mill one morning, I heard myself hailed from behind; on turning, I observed Mr. B—— marching toward me with a heavy club in his hand. I stood still, and he soon reached me. He complained of my conduct to him at New Orleans, and suddenly raising his bludgeon laid it about me. Though white with wrath, I spoke nor moved not till he had given me twelve severe blows, then, drawing my dagger with my left hand (unfortunately my right was disabled and in a sling, having been caught and

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Rh much injured in the wheels of the steam-engine), I stabbed him and he instantly fell. Old Mr. Berthoud and others, who were hastening to the spot, now came up, and carried him home on a plank. Thank God, his wound was not mortal, but his friends were all up in arms and as hot-headed as himself. Some walked through my premises armed with guns; my dagger was once more at my side, Mr. Berthoud had his gun, our servants were variously armed, and our carpenter took my gun "Long Tom." Thus protected, I walked into the Judiciary Court, that was then sitting, and was blamed, only,—for not having killed the scoundrel who attacked me. The "bad establishment," as I called the steam-mill, worked worse and worse every day. Thomas Bakewell, who possessed more brains than I, sold his town lots and removed to Cincinnati, where he has made a large fortune, and glad I am of it.

From this date my pecuniary difficulties daily increased; I had heavy bills to pay which I could not meet or take up. The moment this became known to the world around me, that moment I was assailed with thousands of invectives; the once wealthy man was now nothing. I parted with every particle of property I held to my creditors, keeping only the clothes I wore on that day, my original drawings, and my gun.

Your mother held in her arms your baby sister Rosa, named thus on account of her extreme loveliness, and after my own sister Rosa. She felt the pangs of our misfortunes perhaps more heavily than I, but never for an hour lost her courage; her brave and cheerful spirit accepted all, and no reproaches from her beloved lips ever wounded my heart. With her was I not always rich?

Finally I paid every bill, and at last left Henderson, probably forever, without a dollar in my pocket, walked to Louisville alone, by no means comfortable in mind, there went to Mr. Berthoud's, where I was kindly received; they were indeed good friends. My plantation in Pennsylvania had been sold, and, in a word, nothing was left to me but my humble talents. Were those talents to remain dormant under such exigencies? Was I to see my beloved Lucy and children suffer and want bread, in the

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36 abundant State of Kentucky? Was I to repine because I had acted like an honest man? Was I inclined to cut my throat in foolish despair? No!! I had talents, and to them I instantly resorted. To be a good draughtsman in those days was to me a blessing; to any other man, be it a thousand years hence, it will be a blessing also. I at once undertook to take portraits of the human "head divine," in black chalk, and, thanks to my master, David, succeeded admirably. I commenced at exceedingly low prices, but raised these prices as I became more known in this capacity. Your mother and yourselves were sent up from Henderson to our friend Isham Talbot, then Senator for Kentucky; this was done without a cent of expense to me, and I can never be grateful enough for his kind generosity. In the course of a few weeks I had as much work to do as I could possibly wish, so much that I was able to rent a house in a retired part of Louisville. I was sent for four miles in the country, to take likenesses of persons on their death-beds, and so high did my reputation suddenly rise, as the best delineator of heads in that vicinity, that a clergyman residing at Louisville (I would give much now to recall and write down his name) had his dead child disinterred, to procure a fac-simile of his face, which, by the way, I gave to the parents as if still alive, to their intense satisfaction.

My drawings of birds were not neglected meantime; in this particular there seemed to hover round me almost a mania, and I would even give up doing a head, the profits of which would have supplied our wants for a week or more, to represent a little citizen of the feathered tribe. Nay, my dear sons, I thought that I now drew birds far better than I had ever done before misfortune intensified, or at least developed, my abilities. I received an invitation to go to Cincinnati, a flourishing place, and which you now well know to be a thriving town in the State of Ohio. I was presented to the president of the Cincinnati College, Dr. Drake, and immediately formed an engagement to stuff birds for the museum there, in concert with Mr. Robert Best, an Englishman

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Rh of great talent. My salary was large, and I at once sent for your mother to come to me, and bring you. Your dearly beloved sister Rosa died shortly afterward. I now established a large drawing-school at Cincinnati, to which I attended thrice per week, and at good prices. The expedition of Major Long passed through the city soon after, and well do I recollect how he, Messrs. T. Peale, Thomas Say, and others stared at my drawings of birds at that time.

So industrious were Mr. Best and I that in about six months we had augmented, arranged, and finished all we could do for the museum. I returned to my portraits, and made a great number of them, without which we must have once more been on the starving list, as Mr. Best and I found, sadly too late, that the members of the College museum were splendid promisers and very bad paymasters. In October of 1820 I left your mother and yourselves at Cincinnati, and went to New Orleans on board a flat-boat commanded and owned by a Mr. Haromack. From this date my journals are kept with fair regularity, and if you read them you will easily find all that followed afterward. In glancing over these pages, I see that in my hurried and broken manner of laying before you this very imperfect (but perfectly correct) account of my early life I have omitted to tell you that, before the birth of your sister Rosa, a daughter was born at Henderson, who was called, of course, Lucy. Alas! the poor, dear little one was unkindly born, she was always ill and suffering; two years did your kind and unwearied mother nurse her with all imaginable care, but notwithstanding this loving devotion she died, in the arms which had held her so long, and so tenderly.

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38 This infant daughter we buried in our garden at Henderson, but after removed her to the Holly burying-ground in the same place. Hundreds of anecdotes I could relate to you, my dear sons, about those times, and it may happen that the pages that I am now scribbling over may hereafter, through your own medium, or that of some one else be published. I shall try, should God Almighty grant me life, to return to these less important portions of my history, and delineate them all with the same faithfulness with which I have written the ornithological biographies of the birds of my beloved country. Only one event, however, which possesses in itself a lesson to mankind, I will here relate. After our dismal removal from Henderson to Louisville, one morning, while all of us were sadly desponding, I took you both, Victor and John, from Shippingport to Louisville. I had purchased a loaf of bread and some apples; before we reached Louisville you were all hungry, and by the river side we sat down and ate our scanty meal. On that day the world was with me as a blank, and my heart was sorely heavy, for scarcely had I enough to keep my dear ones alive; and yet through these dark ways I was being led to the development of the talents I loved, and which have brought so much enjoyment to us all, for it is with deep thankfulness that I record that you, my sons, have passed your lives almost continuously with your dear mother and myself. But I will here stop with one remark. One of the most extraordinary things among all these adverse circumstances was that I never for a day gave up listening to the songs of our birds, or watching their peculiar habits, or delineating them in the best way that I could; nay, during my deepest troubles I frequently would wrench myself from the persons around me, and retire to some secluded part of our noble forests; and many a time, at the sound of the wood-thrush's melodies have I fallen on my knees, and there prayed earnestly to our God. This never failed to bring me the most valuable of thoughts and always comfort, and, strange as it may seem to you, it was often necessary for me to exert my will, and compel myself to return to my fellow-beings.

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Rh To speak more fully on some of the incidents which Audubon here relates, I turn to one of the two journals which are all that fire has spared of the many volumes which were filled with his fine, rather illegible handwriting previous to 1826. In the earlier of these journals I read: "I went to France not only to escape Da Costa, but even more to obtain my father's consent to my marriage with my Lucy, and this simply because I thought it my moral and religious duty to do so. But although my request was immediately granted, I remained in France nearly two years. As I told you, Mr. Bakewell considered my Lucy too young (she was then but seventeen), and me too unbusiness-like to marry; so my father decided that I should remain some months with him, and on returning to America it was his plan to associate me with some one whose commercial knowledge would be of value to me. "My father's beautiful country seat, situated within sight of the Loire, about mid-distance between Nantes and the sea, I found quite delightful to my taste, notwithstanding the frightful cruelties I had witnessed in that vicinity, not many years previously. The gardens, greenhouses, and all appertaining to it appeared to me then as if of a superior cast; and my father's physician was above all a young man precisely after my own heart; his name was D'Orbigny, and with his young wife and infant son he lived not far distant. The doctor was a good fisherman, a good hunter, and fond of all objects in nature. Together we searched the woods, the fields, and the banks of the Loire, procuring every bird we could, and I made drawings of every one of them—very bad, to be sure, but still they were of assistance to me. The lessons which I had received from the great David now proved all important to me, but what I wanted, and what I had the good fortune to stumble upon a few years later, was the

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40 knowledge of putting up my models, in true and good positions according to the ways and habits of my beautiful feathered subjects. During these happy years I managed to make drawings of about two hundred species of birds, all of which I brought to America and gave to my Lucy. "At last my father associated me with Ferdinand Rozier, as you already know, and we were fairly smuggled out of France; for he was actually an officer attached to the navy of that country, and though I had a passport stating I was born at New Orleans, my French name would have swept that aside very speedily. Rozier's passport was a Dutch one, though he did not understand a single word in that language. Indeed, our passengers were a medley crowd; two days out two monks appeared among us from the hold, where our captain had concealed them." This same "medley crowd" appears to have comprised many refugees from the rule of Napoleon, this being about 1806, and the amusements were varied, including both gaming and dancing. To quote again: "Among the passengers was a handsome Virginian girl, young and graceful. She was constantly honored by the attentions of two Frenchmen who belonged to the nobility; both were fine young fellows, travelling, as was not uncommon then, under assumed names. One lovely day the bonnet of the fair lady was struck by a rope and knocked overboard. One of the French chevaliers at once leaped

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United States Code/Title 11/Chapter 11/Section 1101

§ 1101. Definitions for this chapter

In this chapter—
 * (1) “debtor in possession” means debtor except when a person that has qualified under section 322 of this title is serving as trustee in the case;
 * (2) “substantial consummation” means—
 * (A) transfer of all or substantially all of the property proposed by the plan to be transferred;
 * (B) assumption by the debtor or by the successor to the debtor under the plan of the business or of the management of all or substantially all of the property dealt with by the plan; and
 * (C) commencement of distribution under the plan.


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Rh into the ocean, captured the bonnet, and had the good fortune to be picked up himself by the yawl. On reaching the deck he presented the bonnet with a graceful obeisance and perfect sang froid, while the rival looked at him as black as a raven. No more was heard of the matter till dawn, when reports of firearms were heard; the alarm was general, as we feared pirates. On gaining the deck it was found that a challenge had been given and accepted, a duel had positively taken place, ending, alas! in the death of the rescuer of the bonnet. The young lady felt this deeply, and indeed it rendered us all very uncomfortable." The voyage ended, Audubon returned to Mill Grove, where he remained some little time before his marriage to Lucy Bakewell. It was a home he always loved, and never spoke of without deep feeling. His sensitive nature, romantic if you will, was always more or less affected by environment, and Mill Grove was a most congenial spot to him. This beautiful estate in Montgomery Co., Pa., lies in a lovely part of the country. The house, on a gentle eminence, almost a natural terrace, overlooks, towards the west, the rapid waters of Perkiomen Creek, which just below empties into the Schuylkill river, across which to the south is the historic ground of Valley Forge. The property has remained in the Wetherill family nearly ever since Audubon sold it to Samuel Wetherill in 1813. The present owner delights to treasure every trace of the bird lover, and not only makes no changes in anything that he can in the least degree associate with him, but has added many photographs and engravings of Audubon which adorn his walls. The house, of the usual type of those days, with a hall passing through the centre and rooms on either side, was built of rubble-stone by Roland Evans in 1762, and in

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United States Code/Title 11/Chapter 11/Section 1102

§ 1102. Creditors’ and equity security holders’ committees

 * (a)
 * (1) Except as provided in paragraph (3), as soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate.
 * (2) On request of a party in interest, the court may order the appointment of additional committees of creditors or of equity security holders if necessary to assure adequate representation of creditors or of equity security holders. The United States trustee shall appoint any such committee.
 * (3) On request of a party in interest in a case in which the debtor is a small business debtor and for cause, the court may order that a committee of creditors not be appointed.
 * (4) On request of a party in interest and after notice and a hearing, the court may order the United States trustee to change the membership of a committee appointed under this subsection, if the court determines that the change is necessary to ensure adequate representation of creditors or equity security holders. The court may order the United States trustee to increase the number of members of a committee to include a creditor that is a small business concern (as described in section 3(a)(1) of the Small Business Act), if the court determines that the creditor holds claims (of the kind represented by the committee) the aggregate amount of which, in comparison to the annual gross revenue of that creditor, is disproportionately large.

 * (b)
 * (1) A committee of creditors appointed under subsection (a) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest claims against the debtor of the kinds represented on such committee, or of the members of a committee organized by creditors before the commencement of the case under this chapter, if such committee was fairly chosen and is representative of the different kinds of claims to be represented.
 * (2) A committee of equity security holders appointed under subsection (a)(2) of this section shall ordinarily consist of the persons, willing to serve, that hold the seven largest amounts of equity securities of the debtor of the kinds represented on such committee.
 * (3) A committee appointed under subsection (a) shall—
 * (A) provide access to information for creditors who—
 * (i) hold claims of the kind represented by that committee; and
 * (ii) are not appointed to the committee;
 * (B) solicit and receive comments from the creditors described in subparagraph (A); and
 * (C) be subject to a court order that compels any additional report or disclosure to be made to the creditors described in subparagraph (A).


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United States Code/Title 11/Chapter 11/Section 1103

§ 1103. Powers and duties of committees

 * (a) At a scheduled meeting of a committee appointed under section 1102 of this title, at which a majority of the members of such committee are present, and with the court’s approval, such committee may select and authorize the employment by such committee of one or more attorneys, accountants, or other agents, to represent or perform services for such committee.

 * (b) An attorney or accountant employed to represent a committee appointed under section 1102 of this title may not, while employed by such committee, represent any other entity having an adverse interest in connection with the case. Representation of one or more creditors of the same class as represented by the committee shall not per se constitute the representation of an adverse interest.

 * (c) A committee appointed under section 1102 of this title may—
 * (1) consult with the trustee or debtor in possession concerning the administration of the case;
 * (2) investigate the acts, conduct, assets, liabilities, and financial condition of the debtor, the operation of the debtor’s business and the desirability of the continuance of such business, and any other matter relevant to the case or to the formulation of a plan;
 * (3) participate in the formulation of a plan, advise those represented by such committee of such committee’s determinations as to any plan formulated, and collect and file with the court acceptances or rejections of a plan;
 * (4) request the appointment of a trustee or examiner under section 1104 of this title; and
 * (5) perform such other services as are in the interest of those represented.

 * (d) As soon as practicable after the appointment of a committee under section 1102 of this title, the trustee shall meet with such committee to transact such business as may be necessary and proper.


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 Wellesley chose the former, and when he had passed the Sierra Guadarrama fresh orders directed him on Salamanca, to which place Wellington had been obliged to fall back. On 8 Nov. the whole army assembled there, consisting of fifty-two thousand British and Portuguese and sixteen thousand Spaniards. The united French armies numbered ninety thousand, some troops having been sent back to the north. Nevertheless, Wellington hoped to maintain himself on the Tormes, and was prepared to fight on his old battlefield. Jourdan, the chief of Joseph's staff, wished to attack him; but Soult thought it better to turn his right flank, like Marmont, but with a wider sweep. This threatened his communications, and on the fifteenth he continued his retreat to Rodrigo. The troops then went into cantonments for the winter. There was no fear of an invasion of Portugal, for the French had lost their ordnance and magazines. In the course of the year nearly three thousand guns had been taken, and nearly twenty thousand French prisoners had been sent to England (Desp. 19 and 23 Nov.;, i. 308).

There had been much misconduct during the retreat, and Wellington issued a general order (28 Nov.) in which he spoke of the discipline of the army as worse than that of any army he had ever read of. This severe and undiscriminating censure of troops whose discipline, as he afterwards declared, was infinitely superior to that of the French was resented (, Life of Sir William Napier, i. 124;, ii. 310). He received the thanks of parliament (27 April) for the capture of Badajoz, and again (3 Dec.) for the subsequent campaign and especially the victory of Salamanca. He was created Marquis of Wellington on 18 Aug. 1812, and 100,000l. was voted for the purchase of estates for him. Wellington Park was bought with part of this grant, the manor of Wellington having been already acquired for him (Suppl. Desp. 21 Sept. and 22 Dec.) He was given 'the Union Jack' as an augmentation of arms, rather to his annoyance, as it seemed ostentatious, and it would scarcely be credited that he had not applied for it; but he was glad at any rate that Lord Wellesley's suggestion had not been adopted—' a French eagle on a scutcheon of pretence' (ib. 7 and 12 Sept.) The prince regent of Portugal made him Marquez de Torres Vedras and Duque da Victoria, and the Spanish regency gave him the orders of San Fernando and the Golden Fleece. On 1 Jan. 1813 he was made colonel of the horse guards, which ended his long connection with the 33rd; and on 4 March he received the Garter, made vacant by the death of Lord Buckingham, whose aide-de-camp he had been.

In December he went to Cadiz, and with the assistance of his brother Henry, the British minister there, he brought about some improvement in the condition of the Spanish armies. The hostility and obstruction which he met with at Lisbon when preparing for the campaign of 1813 obliged him to appeal once more to the prince regent in Brazil (Desp. 12 April 1813). The war with the United States restricted his supplies of corn, and he was near losing his best soldiers for want of money to re-engage them. 'No adequate notion of Wellington's herculean labours can be formed without an intimate knowledge of his financial and political difficulties' (, v. 22). Yet with all this on his hands, we are told by his judge-advocate-general: 'He hunts almost every other day, and then makes up for it by great diligence and instant decision on the intermediate days' (, i. 66).

As the result of his efforts, and of Lord Wellesley's complaints of the sluggish support which the British government had afforded him, Wellington was ready to take the field in May 1813 with a well-equipped army of forty-three thousand British and twenty-seven thousand Portuguese, which was to be assisted in the north by twenty thousand Spaniards; while fifty thousand, including the Anglo-Sicilian force, now under Sir John Murray (1768?-1827) [q. v.], were to give occupation to Suchet on the east coast. During the winter the French troops had been harassed by guerilla warfare, and they had been reduced in numbers, and still more in quality, by drafts to replace the army which had been destroyed in Russia. Soult, whom Napoleon spoke of as 'the only man who understood war in Spain,' had been recalled at Joseph's wish. The king had transferred his court by the emperor's orders to Valladolid. and spread his troops from the Esla to Madrid, though he believed the latter to be the threatened point. Out of 110,000 men, forming the armies of the south, the centre, the north, and Portugal, half were engaged with the revived insurrection in the northern provinces.

Wellington's real intention, which he took care to conceal, was to invade the north of Spain, where he would have the assistance of the Galicians, the insurgent bands, and the British fleet, and would strike the French communications. To turn their positions on the Duero, which had checked him in 1812, part of his army was to cross that river in Portugal, and advance on the north side of


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 Wellesley it. On 22 May he passed the frontier, waved farewell to Portugal, and moved with his right wing on Salamanca. Driving out a French division, he went on to the Duero, which was reached on the 28th. The left wing, forty thousand strong, under Graham, had great difficulties to overcome in marching through the Tras os Montes and crossing the Esla; but by 3 June the whole army was united at Toro, on the right bank of the Duero. Wellington afterwards said that this was 'the most difficult move he ever made—that it was touch and go, and required more art than anything he ever did' (, Life of Sir William Napier, i. 147). But the French were too weak and scattered to hinder the junction.

By 3 June 1813 Joseph had brought together fifty-five thousand men on the Pisuerga; he had summoned troops from the north and east, and hoped to make a stand at Burgos. But he was overmatched and out-generalled. Abandoning Burgos, he fell back to the Ebro; and Wellington pushed on, against the advice of his staff, hoping to 'hustle' the French out of Spain before they were reinforced (, i. 336, ii. 232). Adhering to his system of turning their positions by the right, he passed the Ebro above Fries, and provided himself with a new base at Santander. To give time for his detached troops to join him, and for his convoys to get away, Joseph took up a position near Vitoria, behind the Zadora. The army of the south under Gazan fronted west, with the army of the centre behind it; while Reille, with two divisions of the army of Portugal, barred the roads which led to Vitoria from the north. The line of retreat to Bayonne was in prolongation of Reille's front. On 21 June Wellington attacked Gazan with fifty thousand men, while Graham with thirty thousand attacked Reille, and seized the Bayonne road. The French fought well, but pressed on two sides, and still encumbered with a huge train, they were forced to retreat on Pamplona by a bad road, and in extreme confusion. Their loss in men was not much greater than that of the allies, about five thousand; but they left behind them nearly all their guns, their stores, and treasure. Joseph's private papers and Jourdan's baton were among the spoil, and a large number of pictures, including many Spanish masterpieces from Madrid, which were afterwards given to Wellington by King Ferdinand (Suppl. Desp. 16 March 1814).

The beaten army continued its retreat across the Pyrenees. Of the French troops not present at the battle, seventeen thousand under Foy retired by the Bayonne road, followed by Graham; fourteen thousand under Clausel, pursued by Wellington, marched down the Ebro to Zaragoza, and crossed the Pyrenees by Jaca. Only the armies of Aragon and Catalonia remained in Spain, numbering nearly sixty thousand men. Murray had failed badly at Tarragona; but Suchet, on learning Joseph's defeat, concentrated his troops on Catalonia, and did not interfere with Wellington's operations. The victory and the expulsion of Joseph from Spain came most opportunely; they influenced the negotiations at Prague and the course of Austria. The prince regent sent Wellington the baton of field marshal in return for that of Jourdan (3 July); the thanks of parliament were voted him (7 July); and the Spanish regency bestowed on him the estate of Soto de Roma, near Granada, reputed to be of much more value than it actually proved (, p. 284;, Spain, i. 326).

French garrisons had been left in Pamplona and St. Sebastian. Wellington blockaded the former and laid siege to the latter, as he needed a good port. But the truth of Vauban's saying, that precipitation in sieges often means failure and always bloodshed, was shown once more. The batteries opened fire on 14 July, and on the 25th the breaches were assaulted. But the guns of the fortress had not been silenced, the assault was repulsed, and next day the siege had to be suspended. As soon as Napoleon learnt that the allies had passed the Ebro, he had sent off Soult from Dresden as his lieutenant. Soult reached Bayonne on 12 July, and reorganised the troops on the frontier as 'the army of Spain.' It consisted of three corps—Reille's, D'Erlon's, and Clausel's—and a reserve, and had a strength of seventy thousand men. Wellington had eighty-two thousand regulars, but one-third were Spaniards, and, while blockading two fortresses, he had fifty miles of the Pyrenees to guard.

Soult decided to relieve Pamplona first, not St. Sebastian, as Wellington expected. On 25 July D'Erlon forced the pass of Maya, and Reille and Clausel the pass of Roncesvalles. The two latter, following up the right of the allies, were within a few miles of Pamplona on the 27th. But Picton, who commanded the right, took a position east of Sorauren covering Pamplona. Wellington rode up and was recognised by both sides, and Soult deferred his attack till the 28th. By that time troops had arrived from the left, and after very hard fighting the attack was repulsed (, i. 304).


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 Wellesley On the 30th Soult, who had been joined by D'Erlon, while Wellington's divisions had also drawn together, gave up his attempt on Pamplona and moved off to his right, hoping to turn the left of the allies and relieve St. Sebastian. But Wellington fell upon the French left, which remained behind to cover this movement, and drove it in disorder over the mountains; and Soult himself, giving up his plan, regained French territory with difficulty on 2 Aug. by way of Echalar. In the nine days fighting, known as the battles of the Pyrenees, the loss of the allies was 7,300; that of the French was about twice as much (Desp. 1 and 3 Aug.)

The siege of St. Sebastian was renewed. A more powerful siege-train was used, and some trained sappers were employed for the first time; but the attack was still unsystematic, and the naval blockade had not been close enough to prevent aid reaching the garrison. The town was stormed on 31 Aug., and the castle surrendered on 9 Sept.; but they cost the besiegers 3,778 men (, i. 335-48). On the day of the assault Soult, pressed to do something to save the place, sent some of his troops over the Bidassoa. 'They were beat back, some of them even across the river, in the most gallant style by the Spanish troops,' Wellington reported; but this was said to encourage the Spaniards rather than as an accurate account (Desp. 2 Sept.; cf., i. 69; and , pp. 22, 156).

Wellington was strongly urged on political grounds to invade France, and he so far complied as to throw his left across the Bidassoa on 7 Oct. and force the French back on the Nivelle. Further than this he was not prepared to go while Pamplona held out, and the course of the war in Germany was doubtful. He knew that Suchet could bring at least thirty thousand men to cooperate with Soult if he chose to do so; and he had thoughts of going himself to Catalonia before undertaking any serious invasion of France (Desp. S Aug. and 19 Sept.) He had trouble to keep his own army together, for the Spaniards starved their troops, and the Portuguese wanted to withdraw their brigades from the British divisions and combine them under a Portuguese commander. There was bitter hostility to the English both at Lisbon and Cadiz, and at the latter place it was inflamed by reports that they had burnt St. Sebastian by order, out of commercial jealousy (ib. 9 and 23 Oct.) The minister of war, O'Donoju, who spread these reports, so persistently violated the conditions on which Wellington had accepted the command of the Spanish armies that he resigned that command on 30 Aug. His resignation was accepted by the regency but not by the cortes, and the dismissal of the minister improved matters (ib. 6 Oct. and 26 Jan. 1814).

Pamplona capitulated on 31 Oct. 1813. The battle of Leipzig had decided the war in Germany, and Wellington was now ready to invade the south of France with ninety thousand men. He issued a proclamation to the French people on 1 Nov. assuring them of good treatment if they took no part in the war. On the 10th the battle of the Nivelle was fought. The French right was very strongly posted in front of St. Jean de Luz, and Wellington's object was to force the centre and cut off the right, like Marlborough at Blenheim. He did not succeed entirely; but the French were driven from positions which they had been intrenching for three months, and which Soult believed to be impregnable. They fell back on Bayonne, having lost four thousand men and fifty guns.

The Spanish troops, neglected by their own government, plundered and ill-used the French peasantry, so Wellington sent them back to Spain, except Morillo's division. Bad weather kept him inactive for a month, but on 9 Dec. he forced the passage of the Nive, and placed Hill's corps between the Nive and the Adour. This restricted the French field of supplies and enlarged his own. Soult, seeing the allied army divided, took advantage of his central position at Bayonne to assail first one part and then the other. On the 10th he attacked the left and centre, but with no great vigour or success. He continued demonstrations against them on the llth and 12th; and having drawn the British reserves to that side of the Nive, he fell with twenty-eight thousand men upon Hill, who had only fourteen thousand. There was a hard-fought battle at St. Pierre on the 13th, but Hill held his ground till reinforcements came up (, Campagne du Marshal Soult en 1813-14, p. 284).

The state of the roads obliged Wellington to suspend his further advance till the middle of February 1814. By that time Napoleon had drawn largely on Soult and Suchet for troops; while Wellington, having at length received money to pay his way, was able to bring some of the Spaniards to the front again, though he could not cure them of pillaging. The French government tried, but with small result, to raise the peasantry against the invaders: 'the natives. . . are not only reconciled to the invasion, but wish us success' (Desp. 21 Nov.) Soult, not wishing to be shut up in Bayonne, left a


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 Wellesley garrison of fourteen thousand men there, and took up the line of the Bidouze. Wellington, by threatening his left, forced him to fall back, and drew him away from Bayonne, in front of which Sir John Hope [see Hope, John (1765-1823) (DNB00), fourth ] remained with twenty-eight thousand men. On 23 Feb. Hope sent a division across the Adour below the town, and by the 26th a bridge of boats was made, 'a stupendous undertaking which must always rank among the prodigies of war' (, vi. 94;, ii. 145). The width of the river was nearly three hundred yards, and the rise of tide fourteen feet. Bayonne was then invested on all sides.

Meanwhile Soult had fallen back behind the Gave de Pau, and concentrated his troops at Orthes, where he was attacked on the 27th by Wellington, who had passed the stream lower down with the bulk of his troops. There were nearly forty thousand men on each side, and the battle was obstinate. Wellington was himself struck by a bullet above the thigh—his only wound, and not a serious one. The French were at length driven from their position, and as Hill, who had been on the left bank, had by that time forced a passage above Orthes, Soult was obliged to retreat northward. His retreat soon became a flight, in which he lost thousands of stragglers, and he had to abandon his magazines. After crossing the Adour he marched up the right bank, and hoped to deter Wellington from moving on Bordeaux or Toulouse. But Wellington sent Beresford to Bordeaux with twelve thousand men; the Due d'Angouleme entered the city, and Louis XVIII was proclaimed there. Wellington refused, however, to identify himself with a Bourbon restoration, as the allies were at that time negotiating with Napoleon (Desp. 7 and 16 March).

Wellington remained on the defensive at Aire till he was rejoined by Beresford and by other troops, bringing up his numbers to forty-six thousand men. On 17 March 1814 he advanced upon Soult, who had been threatening him, but who now retreated rapidly by Tarbes on Toulouse. He was prepared to defend that city when Wellington, who followed more slowly, arrived there on the 26th. As the country to the south proved impassable, Wellington crossed the Garonne below Toulouse, and made his attack from the north and east; though the Canal du Midi formed a line of defence on these sides, and on the east, beyond the canal, the heights of Calvinet had been intrenched. In numbers Soult was inferior by ten thousand men, but his works and his central position more than made up for this.

Bad weather delayed the battle till 10 April. While Hill threatened the St. Cyprien suburb on the left bank, and two divisions on the north threatened the posts on the canal, the real attack was made by the fourth and sixth divisions upon the heights of Calvinet, after a hazardous flank march under fire. Morillo's Spaniards co-operated with them. The heights were at length taken, and the French fell back behind the canal, though their loss was only two-thirds of that of the allies, which was 4,660 men. On the night of the 11th Soult, fearing that he would be shut in, left Toulouse and marched towards Carcassonne (, Considérations Militaires, &c.) Next day news reached Wellington of Napoleon's abdication, and a convention was signed on 18 April 1814 by which hostilities ceased.

Wellington was summoned to Paris to confer with the allied sovereigns about Spain. On 10 May he set out for Madrid, to smooth matters between the restored King Ferdinand and his subjects. He left Madrid on 8 June, having effected little; issued a farewell order to his army at Bordeaux on the 14th, and landed in England on the 23rd. His journey from Dover to London was a triumphal progress, and his carriage was drawn by the people from Westminster Bridge to his house in Hamilton Place. Fresh honours now fell thick upon him. He was created Marquis of Douro and Duke of Wellington on 3 May. An annuity of 13,000l., or in lieu of it a sum of 400,000l. for the purchase of estates, was voted by parliament, in addition to former grants, on 13 May. The thanks of parliament had already been voted for St. Sebastian (8 Nov.) and for Orthes (24 March). On 28 June the duke took his seat in the House of Lords, and received the thanks of that house and of the House of Commons. On 1 July he made his acknowledgments for the latter in person, the procedure following closely that which had been adopted in the case of Schomberg a century and a quarter before. The speaker remarked in his reply that the nation 'owes to you the proud satisfaction that, amidst the constellation of great and illustrious warriors who have recently visited our country, we could present to them a leader of our own, to whom all, by common acclamation, conceded the pre-eminence' (Speeches, i. 96). On the 7th he took part in the thanksgiving service at St. Paul's, bearing the sword of state, and on the 9th he was entertained by the city, which four years before had demanded an inquiry into his conduct. The orders of Maria Theresa of Austria, St. George of Russia, the Black Eagle of Prussia,


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 Wellesley and the Sword of Sweden were conferred on him.

On 5 July Wellington was apjpinted ambassador at Paris—a strange choice. On his way there he examined the defences of the Netherlands; he recommended the restoration of the barrier fortresses, and opposed the destruction of the works at Antwerp which the British government contemplated (Desp. 22 Sept.) Among the field positions which he indicated in his report was that of Waterloo, and a special survey was made of it. He arrived at Paris on 22 Aug., where the house of Princess Borghese, still the British embassy, had been bought for him. His chief business as ambassador was to negotiate for the suppression of the slave trade, which was then being urged in England 'with all the earnestness, not to say violence, with which we are accustomed to urge such objects, without consideration for the prejudices and feelings of others' (Desp. 13 Oct.)

Some of the French marshals showed much irritation at his appointment, and, as the general discontent in Paris increased, the British government became alarmed for him. They proposed, therefore, to send him to North America, to replace Sir George Prevost (1767-1817) [q.v.], who had failed at Plattsburg. He replied, 'You cannot at this moment allow me to quit Europe,' and added that to withdraw him from Paris in a hurry would do harm, 'although I entertain a strong opinion that I must not be lost' (Suppl. Desp. 7 Nov.) It was then arranged that as Castlereagh must return to England for the session, Wellington should take his place at Vienna. This he did on 15 Feb. 1815. The main business of the congress was over; but his presence there and his absence from Paris were alike opportune when Napoleon returned. The news that he had left Elba reached Vienna on 7 March. Wellington at first thought his enterprise would fail, but was none the less for prompt and vigorous measures in support of Louis XVIII. On the 13th he signed the declaration of the powers, that Napoleon had 'placed himself outside civil and social relations, and handed himself over to public justice, as the enemy and disturber of the peace of the world,' and on the 25th he signed a treaty, based upon that of Chaumont (1 March 1814), for the combined action of the four great powers, each contributing 150,000 men (Desp. 14 and 27 March). The British government ratified the treaty, though it had not thought at first of going so far.

After signing it, Wellington set out for Brussels, and on his arrival there, on 4 April, received his commission (dated 28 March) as commander of the British and Hanoverian forces on the continent. He at once concerted measures with the Prussians at Aix la Chapelle for the security of Brussels, and he sent to Vienna a plan for the invasion of France which he hoped to see taken in hand at the beginning of May (Desp. 10 and 13 April). But it soon became clear that the Austrians and Russians would not be ready till July. In May the command of the Netherland troops was given to him, with the rank of field-marshal. By the middle of June his army had grown to 106,000 men, of which one-third were British, the rest being Dutch-Belgians or Germans. Most of the troops were raw and many half-hearted. His 'Spanish infantry,' as he called the regiments which had served in the Peninsula, had been sent for the most part to America. He organised the infantry in three corps: two were under the Prince of Orange and Lord Hill; the third, or reserve, he kept in his own hands. To each corps two British divisions were assigned, and each of these divisions included a Hanoverian brigade, except the guards. Instead of being left free to choose his own staff, he found himself 'overloaded with people I have never seen before' (Suppl. Desp. 4 May; Desp. 8 May and 25 June).

The Prussian army under Blücher, 117,000 strong, was echeloned on the Sambre and Meuse, from Charleroi to Liège. Its base was Cologne, while the British base was Antwerp, so that the lines of communication diverged. At a conference on 3 May at Tirlemont, Blücher and Wellington seem to have arranged that, in case Napoleon should aim at separating the two armies by an advance through Charleroi, they should concentrate near Ligny and Gosselies respectively (, p. 232). Wellington thought it more likely that Napoleon would try to turn his right, to cut his communication with England and Holland, and get possession of Ghent and Brussels. For this reason the cantonments of his first and second corps were spread over forty miles, to the west of the Charleroi-Brussels road, while the reserve was kept at Brussels (Suppl. Desp. x. 513-31, reply to Clausewitz written in 1842). But, in spite of rumours, he did not expect an immediate attack, and wrote, 'I think we are now too strong for him' (Desp. 13 June).

Napoleon had assembled on the frontier an army of 128,000 men, excellent troops, though hastily organised. He joined it on 14 June, and next morning, at daybreak, attacked the Prussian outposts at Thuin, near Charleroi. The news reached Wellington at


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42 was sold to Admiral Audubon, who in the year following built an addition, also of rubble-stone. This addition is lower than the main house, which consists of two full stories and an attic with dormer windows, where, it is said, Audubon kept his collections. The same Franklin stove is in the parlor which stood there giving out its warmth and cheer when the young man came in from the hunting and skating expeditions on which he loved to dwell. The dense woods which once covered the ground are largely cut down, but sufficient forest growth remains to give the needed shade and beauty; the hemlocks in particular are noticeable, so large and of such perfect form. Going down a foot-path to Perkiomen Creek, a few steps lead to the old mill which gave the place its name. Built of stone and shaded by cottonwood trees, the stream rushing past as in days long gone, the mill-wheel still revolves, though little work is done there now. When I saw Mill Grove the spring flowers were abundant; the soft, pale blossom of the May-apple (Podophyllum peltatum) held its head above the blue of many violets, the ringers of the potentilla with their yellow stars crept in and out among the tangled grass and early undergrowth; the trilliums, both red and white, were in profusion; in the shade the wood anemones, with their shell pink cups grew everywhere, while in damp spots by the brook yet remained a few adder's-tongues, and under the hemlocks in the clefts of the rocks the delicate foliage of the Dutchmen's breeches (Dicentra cucullaria) with a few late blossoms; all these and many more which I do not now recall, Audubon has pictured with the birds found in the same regions, as his imperishable tribute to the home he loved — Mill-Grove Farm on the Perkiomen Creek. Fatland Ford, to the south of Mill Grove, is a far larger and grander mansion than that of the modest Quaker Evans; as one approaches, the white columns of the

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United States Code/Title 11/Chapter 11/Section 1104

§ 1104. Appointment of trustee or examiner

 * (a) At any time after the commencement of the case but before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of a trustee—
 * (1) for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor;
 * (2) if such appointment is in the interests of creditors, any equity security holders, and other interests of the estate, without regard to the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor; or
 * (3) if grounds exist to convert or dismiss the case under section 1112, but the court determines that the appointment of a trustee or an examiner is in the best interests of creditors and the estate.

 * (b)
 * (1) Except as provided in section 1163 of this title, on the request of a party in interest made not later than 30 days after the court orders the appointment of a trustee under subsection (a), the United States trustee shall convene a meeting of creditors for the purpose of electing one disinterested person to serve as trustee in the case. The election of a trustee shall be conducted in the manner provided in subsections (a), (b), and (c) of section 702 of this title.
 * (2)
 * (A) If an eligible, disinterested trustee is elected at a meeting of creditors under paragraph (1), the United States trustee shall file a report certifying that election.
 * (B) Upon the filing of a report under subparagraph (A)—
 * (i) the trustee elected under paragraph (1) shall be considered to have been selected and appointed for purposes of this section; and
 * (ii) the service of any trustee appointed under subsection (d) shall terminate.
 * (C) The court shall resolve any dispute arising out of an election described in subparagraph (A).

 * (c) If the court does not order the appointment of a trustee under this section, then at any time before the confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court shall order the appointment of an examiner to conduct such an investigation of the debtor as is appropriate, including an investigation of any allegations of fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the management of the affairs of the debtor of or by current or former management of the debtor, if—
 * (1) such appointment is in the interests of creditors, any equity security holders, and other interests of the estate; or
 * (2) the debtor’s fixed, liquidated, unsecured debts, other than debts for goods, services, or taxes, or owing to an insider, exceed $5,000,000.

 * (d) If the court orders the appointment of a trustee or an examiner, if a trustee or an examiner dies or resigns during the case or is removed under section 324 of this title, or if a trustee fails to qualify under section 322 of this title, then the United States trustee, after consultation with parties in interest, shall appoint, subject to the court’s approval, one disinterested person other than the United States trustee to serve as trustee or examiner, as the case may be, in the case.

 * (e) The United States trustee shall move for the appointment of a trustee under subsection (a) if there are reasonable grounds to suspect that current members of the governing body of the debtor, the debtor’s chief executive or chief financial officer, or members of the governing body who selected the debtor’s chief executive or chief financial officer, participated in actual fraud, dishonesty, or criminal conduct in the management of the debtor or the debtor’s public financial reporting.


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United States Code/Title 11/Chapter 11/Section 1105

§ 1105. Termination of trustee’s appointment

At any time before confirmation of a plan, on request of a party in interest or the United States trustee, and after notice and a hearing, the court may terminate the trustee’s appointment and restore the debtor to possession and management of the property of the estate and of the operation of the debtor’s business.


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Rh when he missed him there), and wrestled with him, or waited and bore with him with infinite patience until he got him home. And after a very bad and heart-breaking time of this kind, and in the dusk—or in the moonlight—an ungainly spook would haunt the grave that was

HELEN MATHEWS, 10th, 1862, 9th, A.D. 1885.

And the spook seemed to find comfort there, for after a while it would sit on a log by the cemetery fence, at a respectful distance from the grave, and calmly smoke, with eyes to the stars.

One time, when Andy was known to be out of work, the grave was found, on a Sunday visit, to have been carefully weeded round the mound, and the palisading had been given a coat of paint, by snatches between daylight and sunrise—or in the moonlight, or partly by candlelight, perhaps. There were signs of candle-grease—and a scare about ghosts. But Andy never touched the mound. The old caretaker (who fossicked in the gullies in his spare time—which was mostly) said he'd fix that. He'd got a letter with a "note" an' no name, askin' him to do it. As to the rest, and the ghost, he only cocked his pipe and looked as if he knew as much about the ways of the living as he did about the doings of the dead.

Then one morning Mrs. Mathews couldn't, and


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156 didn't, get up, and this stunning event sobered and steadied Mathews, and he did his level best for all of them—as, indeed, he always had done when he wasn't drinking.

Andy made the best nurse of all of them. It isn't the comic man that makes the best clown, nor the solemn the best tragedian—whether on stage or page.

When Mrs. Mathews got well, Bob came home from shearing and halved his cheque with his mother, and went to town with the other half and the old man, to get a rig-out and presents. They got "glorious" together, and Bob fought for the old man (and was obliged to fight him afterwards, they said), and Andy could get neither of them out of Mudgee while the cheque lasted. And he couldn't get one of them more than a mile from the town while Bob's credit lasted. And Andy was obliged to fight them both, and in turns, before it ended; for he was the most obstinate galoot in Australia when doing what he considered "the right thing."

Then, after a day or two, Bob kissed the girls, and his mother last; then shook hands with the rest and Andy, and then, at the very last, and safe in the saddle, he gave the old man's hand a hurried grip, gulped, and rode away for Out Back; and his pack-horse followed him. Bob loved the old man, though Jim was the Joseph. But they both and all the rest loved Jim. The old man blundered blindly and hurriedly round to the back of the house to see to something that wanted seeing to, and the dust hid Bob and his horses in the West.


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Boston Evening Transcript (newspaper)

 * 1830 — 1831 — 1832 — 1833 — 1834 — 1835 — 1836 — 1837 — 1838 — 1839
 * 1840 — 1841 — 1842 — 1843 — 1844 — 1845 — 1846 — 1847 — 1848 — 1849
 * 1850 — 1851 — 1852 — 1853 — 1854 — 1855 — 1856 — 1857 — 1858 — 1859
 * 1860 — 1861 — 1862 — 1863 — 1864 — 1865 — 1866 — 1867 — 1868 — 1869
 * 1870 — 1871 — 1872 — 1873 — 1874 — 1875 — 1876 — 1877 — 1878 — 1879
 * 1880 — 1881 — 1882 — 1883 — 1884 — 1885 — 1886 — 1887 — 1888 — 1889
 * 1890 — 1891 — 1892 — 1893 — 1894 — 1895 — 1896 — 1897 — 1898 — 1899
 * 1900 — 1901 — 1902 — 1903 — 1904 — 1905 — 1906 — 1907 — 1908 — 1909
 * 1910 — 1911 — 1912 — 1913 — 1914 — 1915 — 1916 — 1917 — 1918 — 1919
 * 1920 — 1921 — 1922 — 1923 — 1924 — 1925 — 1926 — 1927 — 1928 — 1929
 * 1930 — 1931 — 1932 — 1933 — 1934 — 1935 — 1936 — 1937 — 1938 — 1939
 * 1940 — 1941

title: Boston Evening Transcript (newspaper)


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Talk:Boston Evening Transcript (newspaper)

Special:PrefixIndex/Boston Evening Transcript


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 The spook sought Nelly's grave that night; for Andy Page loved Bob better than them all, and felt "terrible" dull whenever he was gone.

Then drought, then rust in wheat, then smut, then the "ploorer," of course; and, when all was gone, Andy went out with the old man and bullocked on clearing and tank-sinking contracts that would break the heart of a working bullock; and he drew no wages, so that the family might have full rations.

Then the glorious seasons when the prices went down to nothing—but there was more than plenty to eat, and clothes didn't matter much. And Andy came home—he had come to call Mathews' home—and went up in the afternoon to see how the wattles looked above the cemetery. And they were all in bloom.

The old people thought it would be the best thing to fix things up between Andy and Susan-the-Plain. Andy also thought it would be the right thing, both to the family and the memory of Helen; for Susan was her sister, and seemed hopeless, not so much on account of her plainness and age, as because of her temper. But Susan thought Andy was too much of a "goat" altogether, and, when all was settled, she "chucked" him for an animal of another kind, and married a brute, after all, who wanted a woman to do a man's work for him. Andy had got his heart sort of indirectly set on her because of—well, that night, the night of Susan's marriage, a doleful spook haunted the cemetery and didn't smoke.

But Andy stuck to Susan all through the poor


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 girl's life trouble with the other animal, which was several kinds of Hog, and the struggle was long and great and cruel.

Uncle Bob was killed riding home from the races (horse threw back its head and smashed his face) and a nephew was thrown while riding for a doctor for a dead man, and died next day; and Andy broke his favourite mare's heart riding to Mudgee for both of them, and nearly broke his own over it.

His brother's death sent old Mathews on the drink again, and this time, by way of variety, he fell down a diggers' hole on the Old Pipe Clay in the dark, on his way home. It was Andy who found him, of course— or, rather, Andy's dog. The old man was howling for them to open the door, and Andy heard him when the dog led him to the shaft. When they got him out and home, and when the doctor searched him, he found that his arm was broken close up to the joint, and his right ankle either badly sprained or fractured—two little matters that the old man began to notice, and mention, himself, when the gin worked off.

Then Mary—but we don't want to talk about that. No gentleman born and bred could have been more delicately and tactfully sympathetic and helpful than Andy was in that trouble.

Then, while the old man's arm and ankle and poor Mary's reputation slowly mended, came Jim, the dark blue-eyed and dark curly-haired and popular. Poor Jim had something wrong with the shape of his head, which was constantly sending him into trouble connected with cards, or dice, or two pennies—or about a


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 The hut and its shadow stood a dark patch in the bright moonlight. Tom went in softly and lit the candle. Little Harry was asleep—or seemed asleep. Tom changed his wet flannel and moleskins, and then opened the parcel he had brought with him. A woman's stocking hung to a nail at the head of the boy's bunk, and the sight of it gave Tom a pang; he thought at first that it was one of his wife's stockings, which had remained all this time unnoticed amongst his belongings, and which the boy had found; but, on second thoughts, he concluded that it must have been borrowed for the purpose from Mrs. Foster. Moving softly, Tom put the lollies, ball, stem of a jumping- jack and tin whistle in the stocking, and laid a Chatter-box and a popgun on the table close handy. He turned to see if he had missed anything, when the boy spoke suddenly, and Tom started as if he had been shot. Little Harry was sitting up, his eyes wide open and bright, and his arms stretched out towards his father.

"Father! Father!" he cried. "Oh, I'm so glad you're Santa Claus. I suspected it for such a long time."

And the lonely man went down on his knees by the bunk, and the little arms went round his neck.

"Father," said Harry presently, "why do you turn your face away? Why don't you look at me?"

But the father couldn't for a while. Presently he asked, in a strange voice—

"Where did you get the stocking, sonny?"


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 "From Mrs. Brent," said Harry; "but I promised her not to tell."

A thought struck Tom.

"Did Mrs. Brent make any clothes or things for you, Harry?" he asked.

"Yes," said Harry. "And, father, she's got an old portrait of you—same's what we've got. I saw her looking at it one day—but I promised not to tell that either."

Just then there was a step outside, and Tom opened the door, and there stood Mrs. Brent, who started, gasped, turned very white, and then flushed in the moonlight.

"Oh!" she gasped, "I—I—didn't know you were home, and—and I just come to see if little Harry was alright."

Tom suddenly stepped forward, took both her hands, and looked into her startled eyes. They stood so for a moment; then, as she felt, or fancied she felt, his hands loosen, she cried out, as though pleading for life.

"Tom—Tom! It happened so long ago, and I'd be a good wife to you; forgive me."

And Tom took her to him.

And, one morning in the New Year, after the washup (and the claim panned out very well), the four of them went away in the coach, and for a long time after the dust cloud disappeared down the road, Mrs. Foster sat staring blindly at the pages of the Australian Journal.