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Antoni v. Greenhow/Opinion of the Court

On the thirtieth of March, 1971, the general assembly of Virginia passed an act to provide for the funding and payment of the public debt, by which two-thirds of the amount due on old bonds might be funded in new bonds, with interest coupons attached, 'receivable at and after maturity for all taxes, debts, dues, and demands due the state.' Under this act many bonds were put out with coupons which expressed on their face that they were receivable for taxes. On the seventh of March, 1872, however, the general assembly passed another act prohibiting the officers charged by law with the collection of taxes from receiving in payment anything else than gold and silver coin, United States treasury notes, and notes of the national banks, and repealing all other acts inconsistent therewith.

The supreme court of appeals of Virginia decided, at its November term, 1872, in the case of Antoni v. Wright, 22 Grat. 833, that in issuing these bonds the state entered into a valid contract with all persons taking the coupons to receive them in payment of taxes and state dues, and that the act of 1872, so far as it conflicted with this contract, was void. The authority of this case was recognized in Wise v. Rogers, 24 Grat. 169; and in Clarke v. Tyler, 30 Grat. 137, decided in 1878, it was said: 'This decision of Antoni v. Wright * *  * must be held to be the settled law of this state.' The same questions were decided in the same way here at the October term, 1880, in Greenhow v. Hartman, 102 U.S. 672, and are no longer open in this court. Any act of the state which forbids the receipt of these coupons for taxes is a violation of the contract, and void as against coupon holders.

At the time the act of 1871 was passed, and when the bonds and coupons were issued, the supreme court of appeals of the state had jurisdiction to grant writs of mandamus in all cases where mandamus would lie according to the principles of the common law, if necessary to prevent a failure of justice; and in Antoni v. Wright, ubi supra, it was decided that the writ of mandamus was the proper remedy to compel a collector to accept the coupons in question when offered in payment of taxes. The case of Wise v. Rogers presented the same question, and we understand it to have been the settled practice of that court to entertain suits for similar relief. The form and mode of proceeding were regulated by statute, which provided (Code Va. 1873, p. 1023, c. 151, § 1) that when the return was made to a writ of mandamus it should state plainly and concisely the matter of law or fact relied on in opposition to the complaint; that the complainant might thereupon demur to the return, or plead thereto, or both, and that the defendant might reply, take issue on, or demur to the pleas of the complainant. The case was to be tried at the place where writs of error to the court were to be tried, (Code, p. 1051,) and after a verdict was found, or judgment rendered on demurrer or otherwise, for the person suing out the writ, he could recover his costs, with such damages as the jury might assess, and have forthwith a peremptory writ.

On the fourteenth of January, 1882, the general assembly passed another act, of which the following is a copy:

'Chapter 7. An act to prevent frauds upon the commonwealth     and the holders of her securities in the collection and      disbursement of revenues.

'Whereas, bonds purporting to be the bonds of this     commonwealth, issued by authority of the act of March 30,      1871, entitled 'An act to provide for the funding and payment      of the pbulic debt,' and under the act of March 28, 1879,      entitled 'An act to provide a plan of settlement of the public debt,' are in      existence without authority of law;

'And whereas, other such bonds are in existence which are     spurious, stolen, or forged, which bonds bear coupons in the      similitude of genuine coupons, receivable for all taxes,      debts, and demands due the commonwealth;

'And whereas, the coupons from such spurious, stolen, or     forged bonds are received in payment of taxes, debts, and      demands;

'And whereas, genuine coupons from genuine bonds, after     having been received in payment of taxes, debts, and demands,      are fraudulently reissued and received more than once in such      payments;

'And whereas, such frauds on the rights of the holders of the     aforesaid bonds impair the contract made by the commonwealth      with them, that the coupons thereon should be received in      payment of all taxes, debts, and demands due the said      commonwealth, and at the same time defraud her out of her      revenues:

'Therefore, for the purpose of protecting the rights of said     bondholders, and of enforcing the said contract between them      and the commonwealth, preventing frauds in the revenue of the      same—

'(1) Be it enacted by the general assembly of Virginia, that     whenever any tax-payer or his agent shall tender to any      person whose duty it is to collect or receive taxes, debts,      or demands due the commonwealth, any papers or instruments in      print, writing, or engraving, purporting to be coupons      detached from bonds of the commonwealth issued under the act      of 1871, entitled 'An act to fund the public debt,' in      payment of any such taxes, debts, and demands, the person to      whom such papers are tendered shall receive the same, giving      the party tendering a receipt stating that he has received      the same for the purpose of identification and vertification.

'(2) He shall at the same time require such tax-payer to pay     his taxes in coin, legal-tender notes, or national-bank      bills, and upon payment give him a receipt for the same. In     case of refusal to pay, the taxes due shall be collected as      all other delinquent taxes are collected.

'(3) He shall make each paper as coupons so received, with     the initials of the tax-payer from whom received, and the      date of receipt, and shall deliver the same, securely sealed      up, to the judge of the county court of the county, or      hustings court of the city, in which such taxes, debts, or      demands are payable. The tax-payer shall thereupon be at     liberty to file his petition in said county court against the      commonwealth; a summons to answer which petition shall be      served on the commonwealth's attorney, who shall appear and      defend the same. The petition shall allege that he has tendered certain     coupons in payment of his taxes, debts, and demands, and pray      that a jury be impaneled to try whether they are genuine,      legal coupons, which are legally receivable for taxes, debts,      and demands. Upon this petition an issue shall be made in     behalf of the commonwealth which shall be tried by a jury,      and either party shall have a right to exceptions on the      trial, and of appeal to the circuit court and court of      appeals. If it be finally decided in favor of the petitioner     that the coupons tendered by him are genuine, legal coupons,      which are legally receivable for taxes and so forth, then the      judgment of the court shall be certified to the treasurer,      who, upon the receipt thereof, shall receive said coupons for      taxes, and shall refund the money before then paid for his      taxes by the tax-payer out of the first money in the      treasury, in preference to all other claims.

'(4) Whenever any tax-payer shall apply to any court in this     commonwealth for a mandamus to compel any person authorized      to receive or collect taxes, debts, or demands due the      commonwealth to receive coupons for taxes, it shall be the      duty of such person to make returns to said mandamus that he      is ready to receive said coupons in payment of such taxes,      debts, and demands as soon as they have been legally      ascertained to be genuine, and the coupons which by law are      actually receivable. Upon such return, the court before whom     the application is made shall require the petitioner to pay      his taxes to the tax-collector of his county or city, or to      the treasurer of the commonwealth, and upon filing the      receipt for such taxes in such court the said court shall      direct the petitioner to file his coupons in such court,      which shall then forward the same to the county court of the      county or hustings court of the city where such taxes are      payable, and direct such court to frame an issue between the      petitioner as plaintiff and the commonwealth as defendant as      to whether the coupons so tendered are genuine coupons,      legally receivable FOR TAXES. ON THE TRIAL OF THE CAUSE the     attorney fOr the commonwealth in the lower courts and the      attorney general in the supreme court of appeals shall appear      for the commonwealth and require proof of the genuineness and      legality of the coupons in issue. Either party shall be     entitled to exceptions, and an appeal to the circuit court      and supreme court of appeals on the trial of this issue. If     the decision be finally in favor of the petitioner, the      mandamus shall issue requiring the coupons to be received      for said taxes and so forth, and they shall be so received;      and on the certificate of such judgment the treasurer of the      commonwealth shall forthwith refund to the tax-payer the      amount of currency or money before then paid by him out of the first      money in the treasury, in preference to all other claims.

'(5) This act shall be in force from its passage.'

On the twentieth of March, 1882, Andrew Antoni, who owed the state taxes to the amount of $3.15, tendered the treasurer of the city of Richmond, the lawful tax-collector, a coupon, of the issue of 1871, for $3,15, lawful money, in payment. This tender was refused, and Antoni, on the twenty-eighth of March, petitioned the supreme court of appeals for a mandamus to require its acceptance. The treasurer, on the thirtieth of March, for a return to an order to show cause, said he was ready to receive the coupon as soon as it had been legally ascertained to be genuine, and such as by law was actually receivable. To this return a demurrer was filed. Upon the hearing of the demurrer, the court being equally divided in opinion on the questions involved, 'in pursuance of an act of assembly in such case made and provided,' denied the writ. From a judgment to that effect this writ of error was brought.

The question we are now to consider is not whether, if the coupon tendered is in fact genuine and such as ought, under the contract, to be received, and the tender is kept good, the treasurer can proceed to collect the tax by distraint, or such other process as the law allows, without making himself personally responsible for any trespass he may commit, but whether the act of 1882 violates any implied obligation of the state in respect to the remedies that may be employed for the enforcement of its contract, if the collector refuses to take them.

It cannot be denied that, as a general rule, laws applicable to the case which are in force at the time and place of making a contract, enter into and form part of the contract itself, and 'that this embraces alike those laws which affect its validity, construction, discharge, and enforcement,' (Walker v. Whitehead, 16 Wall. 317,) but it is equally well settled that changes in the forms of action and modes of proceeding do not amount to an impairment of the obligations of a contract, if an adequate and efficacious remedy is left. This limitation upon the prohibitory clause of the constitution is respect to the legislative power of the states over the obligation of contracts was suggested by Chief Justice MARSHALL in Sturges v. Crowningshield, 4 Wheat. 200, 207, and has been uniformly acted on since. Mason v. Haile, 12 Wheat. 378; Bronson v. Kinzie, 1 How. 316; Von Hoffman v. Quincy, 4 Wall. 553; Drehman v. Stifle, 8 Wall. 602; Gunn v. Barry, 15 Wall. 623; Walker v. Whitehead, 16 Wall. 318; Terry v. Anderson, 95 U.S. 633; Tennessee v. Sneed, 96 U.S. 69; Louisiana v. Pilsbury, 105 U.S. 301.

As was very properly said by Mr. Justice SWAYNE in Von Hoffman v. Quincy, ubi supra, 'it is competent for the states to change the form of the remedy, or to modify it otherwise, as they may see fit, provided no substantial right secured by the contract is thereby impaired. No attempt has been made to fix definitely the line between alterations of the remedy, which are to be deemed legitimate, and those which, under the form of modifying the remedy, impair substantial rights. Every case must be determined upon its own circumstances. Whenever the result last mentioned is produced, the act is within the prohibition of the constitution, and to that extent void.' In all such cases the question becomes, therefore, one of reasonableness, and of that the legislature is primarily the judge. Jackson v. Lamphire, 3 Pet. 290; Terry v. Anderson, ubi supra. We ought never to overrule the decision of the legislative department of the government unless a palpable error has been committed. If a state of facts could exist that would justify the change in a remedy which has been made, we must presume it did exist, and that the law was passed on that account. Munn v. Illinois, 94 U.S. 132. We have nothing to do with the motives of the legislature, if what they do is within the scope of their powers under the constition.

The right of the coupon holder is to have his coupon received for taxes when offered. The question here is not as to that right, but as to the remedy the holder has for its enforcement when denied. At the time the coupon was issued there was a remedy by mandamus from the supreme court of appeals to compel the tax-collector to take the coupon and cancel the tax. This implied a suit, with process, pleadings, issues, trial, and judgment. No restrictions were placed on the defenses the collector could make. He might raise such issues as he chose. Without the aid of some restraining power, the mere pendency of the suit would not prevent the collector from proceeding according to law with the collection of the tax. He might, if he went on, subject himself to liability for damages, if the tender was one he ought to have accepted; but there was nothing to prevent his going on if he chose to take this risk.

Under this law the trial must be had in the supreme court of appeals, and at the time and place where that court was to be held for other purposes. There was nothing in the law to give these cases preference over others for trial. So far as we are informed, they stood as other cases before the court, and subject to such orders as should seem to be reasonable. The tax-collector could not be compelled to accept the coupon and discharge the tax until final judgment. If the final judgment was in favor of the holder, he recovered his costs and such damages as the jury might give him.

Under section 4 of the act of 1882, when a mandamus is asked for, the collector is required by law to return to the alternative writ or rule 'that he is ready to receive said coupons in payment of such taxes, * *  * as soon as they have been legally ascertained to be genuine, and the coupons which by law are actually receivable.' Upon such return the court must require the petitioner to pay his taxes, which being done the coupons are taken and forwarded to the county court of the county, or the hustings court of the city, where the taxes are payable, with directions to that court to frame an issue between the petitioner as plaintiff, and the commonwealth as defendant, as to whether the coupons so tendered are genuine coupons, legally receivable for taxes. Upon this issue proof of the genuineness and legality of the coupons must be made. Either party may take exceptions and carry the case, on appeal, to the circuit court and supreme court of appeals. If the decision is in favor of the petitioner a mandamus is to issue and the money he paid returned to him out of the first money in the treasury, in preference to all other claims.

The following changes are thus made in the old remedy: (1) The taxes actually due must be paid in money before the court can proceed, after the collector has signified in the proper way his willingness to receive the coupons, if they are genuine and in law receivable; (2) the coupons must be filed in the court of appeals; and (3) they must be sent to the local court to have the fact of their genuineness and receivability determined, subject to an appeal to the circuit court and the supreme court of appeals. As the suit is for a mandamus, all the provisions of the general law regulating the practice, not inconsistent with the new law, remain, and if the petitioner succeeds in getting his peremptory writ he will recover his costs. No issues are required that it would not have been in the power of the collector to raise before the change was made, and there is no additional burden of proof imposed to meet the issues, so that the simple question is, whether the requirement of the advance of the taxes, and the change of the place and manner of trial, impair the obligation of the contract on the part of the state to furnish an adequate and effcacious remedy to compel a tax-collector to receive the coupons in payment of taxes, in case he will not do it without compulsion.

1. As to the payment of the taxes in advance. In this connection it must be borne in mind that the legislation, the validity of which is involved, relates alone to the collection of taxes levied under the authority of the state for the purposes of revenue. Promptness in the payment of taxes by the citizen is as important as promptness by the state in the discharge of its own obligations. In fact, ordinarily, the last cannot be done without the first. Hence, under the revenue system of the United States, the collection of the revenue in the manner prescribed by law cannot be restrained by judicial proceedings. The only remedy for an illegal exaction is payment under protest and suit to recover back the money paid. The reason is that as it is necessary the government should be able to calculate with certainty on its revenues, it is better that the individual should be required to pay what is demanded under the forms of law, and sue to recover back what he pays, than that the government should be embarrassed in its operations by a stay of collection.

It is to be noticed, also, that the law which authorized the issue of the bonds and coupons did not in express terms provide that the coupon holder should have the remedy of mandamus to compel the tax-collector to take his coupons. His claim to relief in that way rests alone on the fact that when his coupon was issued mandamus was an existing form of action in the state, which the courts have decided was applicable to such a case. What the legislature has done is only to say that before this remedy can be resorted to the amount due for taxes shall be deposited in the treasury. That being done, the suit may go on. If in the suit it shall be determined that the coupons tendered are genuine, and in law receivable, the collector will be required to accept them, and the money will be restored. If, however, the judgment is against the coupon holder, the taxes will be paid, and the state will have suffered no inconvenience for want of its just revenues. Looking at the case, therefore, as one affecting the collection of the public revenue, we cannot see that the requirement of the advance of the taxes as a condition to the employment of the remedy is such an impairment of the contract as makes the requirement invalid.

2. As to the change in the place and mode of trial. We cannot think this of itself invalidates the law. So far as the change of place is concerned, it simply takes from the supreme court of appeals jurisdiction for the trial of the questions of fact, and confers precisely the same jurisdiction upon another court, with ample provision for appeal, so that in the end the authority of the court of appeals may be invoked on all matters of law. The courts on which the new jurisdiction is conferred are required by law to hold frequent terms, and the trial is to be had in the county where the taxes are to be paid. It is difficult to see how this impairs, in any manner, either the adequacy or the efficiency of the original remedy.

Then, as to the manner of the trial. The deposit of the coupons with the court of appeals, if the suit is to go on, cannot be considered unreasonable. If the trial had been conducted under the old law the coupons would have to be at some time surrendered, and the precise stage of the case in which this is to be done is by no means important, so far as the present question is concerned. Neither does the positive requirement of an issue as to the genuineness and receivability of the coupons and a trial by jury affect the validity of the law. Under the old law, this same issue might have been raised, and the same trial by jury required. It certainly is not an impairment of an old remedy to make that imperative which before was discretionary.

Without pursuing the subject further, we say that, in our opinion, the fourth section of the act of 1882 does not impair the obligation of any contract which the state has made with the holders of its interest coupons.

After this suit was begun, but before it was tried, the general assembly of Virginia amended the section of the Code conferring jurisdiction on the supreme court of appeals in suits for mandamus, so that in now reads as follows:

'Chapter 19. An act to amend and re-enact section 4, c. 156,     of the Code of 1873, in relation to mandamus, prohibition,      etc.

'(1) Be it enacted by the general assembly of Virginia, that     chapter 156, § 4, of the Code of Virginia of 1873, be amended      and re-enacted so as to read as follows:

'Sec. 4. The said supreme court, besides having jurisdiction     of all such matters as are now pending therein, shall have      jurisdiction to issue writs of mandamus and prohibition to      the circuit and corporation courts, and to the hustings court      and to the chancery court of the city of Richbnd, and in all      other cases in which it may be necessary to prevent a failure      of justice, in which a mandamus may issue according to the      principles of the common law: provided, that no writ of      mandamus, prohibition, or any other summary process      whatever, shall issue in any case of the collection, or      attempt to collect, revenue, or compel the collecting      officers to receive anything in payment of taxes other than      as provided in chapter 41, acts of assembly, approved January      26, 1882, or in any case arising out of the collection of      revenue in which the applicant for the writ of process has      any other remedy adequate for the protection and enforcement      of his individual right, claim, and demand, if just.

'The practice and proceedings upon such writs shall be     governed and regulated in all cases by the principles and      practice now prevailing in respect to writs of mandamus and      prohibition respectively.

'(2) This act shall be in force from its passage.' This, it is claimed, repealed section 4 of the act of January, 1882, and took away entirely the remedy by mandamus. Without deciding that question, we proceed to consider the remedy provided in sections 1, 2, and 3 of the act of 1882, which, it is conceded, will remain in force even if section 4 is repealed. These sections provide, in substance, that if coupons are tendered in payment of taxes, the collector shall take and receipt for them for the purposes of identification and verification. He shall then require payment of the taxes in money, and after marking the coupons with the initials of the name of the owner, deliver them to the judge of the county court of the count, or hustings court of the city, where the taxes are payable. The tax-payer may then file his petition in the county or hustings court against the commonwealth to have a jury impaneled to try whether the coupons 'are genuine, legal coupons, which are legally receivable for taxes, debts, and demands.' The cmmonwealth may be brought into court by service of a summons on the commonwealth's attorney. Upon this petition an issue and trial by jury is to be had, with ample privileges to all parties of exception and appeal. If the suit is finally decided in favor of the tax-payer, he is to have the amount paid by him for the taxes refunded out of the first money in the treasury, in preference to all other claims.

It is somewhat difficult to see any substantial difference between the remedy given by these sections and that by section 4. There the 'form' of the suit is mandamus, begun while the coupons are in the hands of the tax-payer. After the suit has been begun, the court requires a delivery of the coupons into its own possession and the payment of the amount of the taxes into the treasury. This being done, the court sends the coupons to the appropriate tribunal for adjudication, and the proceedings thereafter are in all material respects like those provided for in the other sections. The judgment is also the same, except as to the merest matters of form. In both proceedings, the object is to require the collector to accept the coupons as payment of the tax, and deliver back the money that has been deposited for the same purpose in case the coupons are not in law receivable. The petition for mandamus, filed in the court of appeals, under section 4, is the exact equivalent of the petition to be filed in the other courts, under sections 1, 2, and 3, to have the genuineness and the receivability of the coupons determined, and in both, the real matter submitted for determination is, whether the tax-payer is entitled to have back the money he has deposited to pay his taxes in case his coupons ought to have been received.

Mandamus, in this class of cases, is in the nature of a suit to obtain a specific performance of a contract. But in the present case the performance sought is the payment of money, and the remedy substituted is equivalent to a suit at law for its recovery, with ample provision for the satisfaction of any judgment that may be obtained; for it is made the ministerial duty of the treasurer to pay the amount of the recovery out of the first money in the treasury, and in preference to all other claims, as soon as the judgment is properly certified. The language of the act is, 'shall refund the money before then paid for his taxes by the tax-payer out of the first money in the treasury, in preference to all other claims.' Clearly this is an appropriation by law of money in the treasury, within the meaning of article 10, § 10, of the constitution of Virginia, and the treasurer would be authorized to make the payment without further legislative action. It will be time enough to consider the effect of a repeal of this branch of the remedy when that shall be attempted.

The primary obligation of the state is for the payment of the coupons. All else is simply as a means to that end. It matters not whether the coupons have been refused for the taxes, if full payment of the amount they call for is actually made in money. A remedy, therefore, which is ample for the enforcement of the payment of the money is ample for all the purposes of the contract. That, we think, is given by the act of 1882 in both forms of proceeding.

Some objection is made to the first, second, and third sections because there is no provision for the recovery of costs. Without determining whether in point of fact costs can be recovered, it is sufficient to say that costs, eo nomine, were not recoverable at common law, and are usually regulated by statute. Certainly, it would not be claimed that the change of an ordinary statute, which provided a remedy for the enforcement of contracts, so as to prevent the recovery of costs when they had been given before, would impair the obligation of contracts between individuals that were affected by what was done, and we see no reason why one rule, in this particular, should be applied to individuals and another to the state.

In conclusion, we repeat that the question presented by this record is not whether the tax-collector is bound in law to receive the coupon, notwithstanding legislation which, on its face, prohibits him from doing so, nor whether, if he refuses to take the coupon and proceeds with the collection of the tax by force, he can be made personally responsible in damages for what he does, but whether the obligation of the contract has been impaired by the changes which have been made in the remedies for its enforcement in case he refuses to accept the coupons. We dicide only the question which is actually before us. It is no doubt true that the commercial value of the bonds and coupons has been impaired by the hostile legislation of the state, but this impairement, in our opinion, comes, not from the change of remedies, but from the refusal to accept the coupons without suit. What we are called upon to consider in this case is, not the refusal to take the coupons, but the remedy after refusal.

We might have satisfied ourselves by a reference to the case of Tennessee v. Sneed, ubi supra, where the same general question was before us; but as we were asked to reconsider that case, we have done so with the same result, and, as we think, without in any manner departing from the long line of cases in which the principal involved has been recognized and applied.

Inasmuch as we are satisfied that a remedy is given by the act of 1882, substantially equivalent to that in force when the coupons were issued, we have not deemed it necessary to consider what would be the effect of a statute taking away all remedies. The judgment is affirmed.

title: Antoni v. Greenhow/Opinion of the Court


text: Talk:Antoni v. Greenhow/Opinion of the Court

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


text: Dictionary of National Biography, 1885-1900/Grote, Arthur


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


text: Dictionary of National Biography, 1885-1900/Grote, Harriet


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


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Rh made me willing to shrink into any corner of the world, however obscure and however remote.” The injury to his eye proved to be less serious than he had at first supposed. In June he was writing to a friend: “I have been reading and botanizing for some weeks, and find that for such work I am not very much disabled. I leave this city [Indianapolis] for home to-morrow, accompanied by Merrill Moores, a little friend of mine. We will go to Decatur, Illinois, thence northward through the wide prairies, botanizing a few weeks by the way. … I hope to go South towards the end of the summer, and as this will be a journey that I know very little about, I hope to profit by your counsel before setting out.” In an account written after the excursion he says: “I was eager to see Illinois prairies on my way home, so we went to Decatur, near the center of the State, thence north [to Portage] by Rockford and Janesville. I botanized one week on the prairie about seven miles


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Rh of Pecatonica. … To me all plants are more precious than before. My poor eye is not better, nor worse. A cloud is over it, but in gazing over the widest landscapes, I am not always sensible of its presence.”

By the end of August Mr. Muir was back again in Indianapolis. He had found it convenient to spend a “botanical week” among his University friends in Madison. So keen was his interest in plants at this time that an interval of five hours spent in Chicago was promptly turned to account in a search for them. “I did not find many plants in her tumultuous streets,” he complains; “only a few grassy plants of wheat, and two or three species of weeds,—amaranth, purslane, carpet-weed, etc.,—the weeds, I suppose, for man to walk upon, the wheat to feed him. I saw some green algae, but no mosses. Some of the latter I expected to see on wet walls, and in seams on the pavements. But I suppose that the manufacturers smoke and the terrible noise are too great for the hardiest of them. I wish I knew


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Rh where I was going. Doomed to be ‘carried of the spirit into the wilderness,’ I suppose. I wish I could be more moderate in my desires, but I cannot, and so there is no rest.”

The letter noted above was written only two days before he started on his long walk to Florida. If the concluding sentences still reflect indecision, they also convey a hint of the overmastering impulse under which he was acting. The opening sentences of his journal, afterwards crossed out, witness to this sense of inward compulsion which he felt. “Few bodies,” he wrote, “are inhabited by so satisfied a soul that they are allowed exemption from extraordinary exertion through a whole life.” After reciting illustrations of nature’s periodicity, of the ebbs and flows of tides, and the pulsation of other forces, visible and invisible, he observes that “so also there are tides not only in the affairs of men, but in the primal thing of life itself. In some persons the impulse, being slight, is easily obeyed or overcome. But in others it is constant and cumulative in action until its


text:
The New International Encyclopædia/Lewald, August

LEWALD, lā'vȧlt, (1792-1871). A German author, born at Königsberg. He entered the Russian service at Warsaw, as secretary, during the War of Liberation. He became an actor, and after 1818 he was manager and director of theatres at Hamburg, Stuttgart, and elsewhere. In 1835 he founded at Stuttgart the periodical Europa, and afterwards became editor of the conservative Deutsche Chronik. A collection of his works, made by himself, was published in twelve volumes (1844-45), including the autobiographical Aquarelle aus dem Leben (1836-37 and 1840).


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Rh power is sufficient to overmaster all impediments, and to accomplish the full measure of its demands. For many a year I have been impelled toward the Lord’s tropic gardens of the South. Many influences have tended to blunt or bury this constant longing, but it has out lived and overpowered them all.”

Muir’s love of nature was so largely a part of his religion that he naturally chose Biblical phraseology when he sought a vehicle for his feelings. No prophet of old could have taken his call more seriously, or have entered upon his mission more frevently. During the long days of his confinement in a dark room he had opportunity for much reflection. He concluded that life was too brief and uncertain, and time too precious, to waste upon belts and saws; that while he was pottering in a wagon factory, God was making a world; and he determined that, if his eyesight was spared, he would devote the remainder of his life to a study of the process. Thus the previous bent of his habits and studies, and the sobering thoughts induced by one of the


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Rh bitterest experiences of his life, combined to send him on the long journey recorded in these pages.

Some autobiographical notes found among his papers furnish interesting additional details about the period between his release from the dark room and his departure for the South. “As soon as I got out into heaven’s light,” he says, “I started on another long excursion, making haste with all my heart to store my mind with the Lord’s beauty, and thus be ready for any fate, light or dark. And it was from this time that my long, continuous wanderings may be said to have fairly commenced. I bade adieu to mechanical inventions, determined to devote the rest of my life to the study of the inventions of God. I first went home to Wisconsin, botanizing by the way, to take leave of my father and mother, brothers and sisters, all of whom were still living near Portage. I also visited the neighbors I had known as a boy, renewed my acquaintance with them after an absence of several years, and bade each a formal


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Rh good-bye. When they asked where I was going I said, Oh! I don't know—just anywhere in the wilderness, southward. I have already had glorious glimpses of the Wisconsin, Iowa, Michigan, Indiana, and Canada wildernesses; now I propose to go South and see something of the vegetation of the warm end of the country, and if possible to wander far enough into South America to see tropical vegetation in all its palmy glory.’

“The neighbors wished me well, advised me to be careful of my health, and reminded me that the swamps in the South were full of malaria. I stopped overnight at the home of an old Scotch lady who had long been my friend and was now particularly motherly in good wishes and advice. I told her that as I was sauntering along the road, just as the sun was going down, I heard a darling speckled-breast sparrow singing, ‘The day’s done, the day’s done.’ ‘Weel, John, my dear laddie,’ she replied, ‘your day will never be done. There is no end to the kind of studies you like so well,


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Rh but there’s an end to mortals’ strength of body and mind, to all that mortals can accomplish. You are sure to go on and on, but I want you to remember the fate of Hugh Miller.’ She was one of the finest examples I ever knew of a kind, generous, great-hearted Scotchwoman.”

The formal leave-taking from family and neighbors indicates his belief that he was parting from home and friends for a long time. On Sunday, the 1st of September, 1867, Mr. Muir said good-bye also to his Indianapolis friends, and went by rail to Jeffersonville, where he spent the night. The next morning he crossed the river, walked through Louisville, and struck southward through the State of Kentucky. A letter written a week later “among the hills of Bear Creek, seven miles southeast of Burkesville, Kentucky,” shows that he had covered about twenty-five miles a day. “I walked from Louisville,” he says, “a distance of one hundred and seventy miles, and my feet are sore. But, oh! I am paid for all my toil a thousand times over. I am in the woods on a


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60 Meanwhile we were keeping as quiet in the hot sun, as numerous ants, flies, mosquitoes and other winged abominations would permit. Finally, the bird made her last circuit, approached the bush and hopped up on the edge of the nest; the shutter clicked and the watch said we had waited something over three hours for the photograph. This, however, was not forthcoming, for when I reached home and developed the plate it was almost completely "fogged," there being but an outline of the bird and nest. While our direct object failed I cannot say I regret my three hours close acquaintance with little Dendroica occidentalis.

Mr. Cartiger collected the nest and eggs which he describes as follows: the nest is composed outwardly of small, light weed stems and bleached pine needles, lined with cedar bark and horsehair. The nest measures: inside diameter /{x2 inches; outside 3x4 inches (extremes); outside depth 3 inches; inside depth 112 inches. Placed 2 feet from the ground in a small cedar, resting on a small limb about two inches from the trunk. The eggs measure .66x.52; .65x.53; .66x.53 and .67x.54 inches, and are marked principally at the larger ends, some confluently, with reddish brown and a few spots of black. The markings are heavy and more in the form of a wash than distinct spots. The female parent was secured. We noticed that the male Hermit Warblers were usually singing from the tall pines and black oaks and it is unlikely that the female sings during the breeding season. The position of the male bird has little to do with the location of the nest, and in the ease of Mr. Carriger's nest the male did not appear for nearly an hour.

On June 9, two miles above Fyffe I saw a pair of Hermit Warblers and watched the female, thinking she had left her nest to feed. I watched her for half an hour, during which time she searched the deer brush and small trees industriously for food, covering both sides of the road, and the number of worms consumed was really remarkable. Finally I discovered her feeding a young bird in the road and had no trouble in capturing it. It was just out of the nest and could not fly apparently. The plumage consisted of a few pin feathers, wing coverts and down of a dark grayish color, with two white bars on each wing. After examining it, I left the bird perched on a low limb.

While walking along a narrow traiI in the woods on June 9, a Calaeras Warbler ( [felminlhofihila ruficapilla turalis) flushed a few feet ahead of me and I found the nest beneath a small cedar bush, built in the "mountain mis- ery" flush with the ground. The cav- ity was lined with soap root fiber and the nest contained five half grown young.

Three nests of the Plumed Quail were found by us, all built in the tar- weed or "'mountain misery" (Chamre- bati foliolosa), and all near paths or roads. The one shown in the illustra- tion was built at the. foot of a large cedar tree, and was nicely concealed and shaded by the foliage of the weeds. The nesting cavity was about six in- ches across and three inches deep, lined with feathers from the parent bird. It held ten eggs, in which incubation was well advanced. Several times the bird was flushed in order that we migh t ob- serve th& nest, but she was persistent and always returned. The photograph was taken in the early morning of june 7, at which time the bright sunlight presented a variety of shades in the for- st. The 'mountain misery" was in full bloom at this time and the nature of the shrub is well illustrated in the half-tone photograph. A.nother nest containing  inc.ubated eggs was found on the same day, placed amongst the tar-weed in the shade of large cedars. This nesting cavity was about six in- ches in depth, and composed of dry leaves from the tar-weed and lined with feathers. From the nests observed it seems certain that the Plumed Quail makes a nest of its own, for the one last mentioned was substantial enough to bring home. On June Io Mr. Carti- ger took a nest and o eggs built beside the road in the tar-weed three miles above Fyffe. The whistle of the Plumed Quail could be heard commonly through the woods, but the birds' were seldom seen.

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Rh hilltop with my back against a moss-clad log. I wish you could see my last evening’s bedroom. The sun has been among the tree-tops for more than an hour; the dew is nearly all taken back, and the shade in these hill basins is creeping away into the unbroken strongholds of the grand old forests.

“I have enjoyed the trees and scenery of Kentucky exceedingly. How shall I ever tell of the miles and miles of beauty that have been flowing into me in such measure? These lofty curving ranks of lobing, swelling hills, these concealed valleys of fathomless verdure, and these lordly trees with the nursing sunlight glancing in their leaves upon the outlines of the magnificent masses of shade embosomed among their wide branches—these are cut into my memory to go with me forever.

“I was a few miles south of Louisville when I planned my journey. I spread out my map under a tree and made up my mind to go through Kentucky, Tennessee, and Georgia to Florida, thence to Cuba, thence to some part


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Rh of South America; but it will be only a hasty walk. I am thankful, however, for so much. My route will be through Kingston and Madisonville, Tennessee, and through Blairsville and Gainesville, Georgia. Please write me at Gainesville. I am terribly letter-hungry. I hardly dare to think of home and friends.”

In editing the journal I have endeavored, by use of all the available evidence, to trail Mr. Muir as closely as possible on maps of the sixties as well as on the most recent state and topographical maps. The one used by him has not been found, and probably is no longer in existence. Only about twenty-two towns and cities are mentioned in his journal. This constitutes a very small number when one considers the distance he covered. Evidently he was so absorbed in the plant life of the region traversed that he paid no heed to towns, and perhaps avoided them wherever possible.

The sickness which overtook him in Florida was probably of a malarial kind, although he describes it under different names. It was, no


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Rh doubt, a misfortune in itself, and a severe test for his vigorous constitution. But it was also a blessing in disguise, inasmuch as it prevented him from carrying out his foolhardy plan of penetrating the tropical jungles of South America along the Andes to a tributary of the Amazon, and then floating down the river on a raft to the Atlantic. As readers of the journal will perceive, he clung to this intention even during his convalescence at Cedar Keys and in Cuba. In a letter dated the 8th of November he describes himself as “just creeping about getting plants and strength after my fever.” Then he asks his correspondent to direct letters to New Orleans, Louisiana. “I shall have to go there,” he writes, “for a boat to South America. I do not yet know to which point in South America I had better go.” His hope to find there a boat for South America explains an otherwise mystifying letter in which he requested his brother David to send him a certain sum of money by American Express order to New Orleans. As a matter of fact he did not


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Rh go into Louisiana at all, either because he learned that no south-bound ship was available at the mouth of the Mississippi, or because the unexpected appearance of the Island Belle in the harbor of Cedar Keys caused him to change his plans.

In later years Mr. Muir himself strongly disparaged the wisdom of his plans with respect to South America, as may be seen in the chapter that deals with his Cuban sojourn. The judgment there expressed was lead-penciled into his journal during a reading of it long afterwards. Nevertheless the Andes and the South American forests continued to fascinate his imagination, as his letters show, for many years after he came to California. When the long deferred journey to South America was finally made in 1911, forty-four years after the first attempt, he whimsically spoke of it as the fulfillment of those youthful dreams that moved him to undertake his thousand-mile walk to the Gulf.

Mr. Muir always recalled with gratitude the


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Rh Florida friends who nursed him through his long and serious illness. In 1898, while traveling through the South on a forest-inspection tour with his friend Charles Sprague Sargent, he took occasion to revisit the scenes of his early adventures. It may be of interest to quote some sentences from letters written at that time to his wife and to his sister Sarah. “I have been down the east side of the Florida peninsula along the Indian River,” he writes, “through the palm and pine forests to Miami, and thence to Key West and the southmost keys stretching out towards Cuba. Returning, I crossed over to the west coast by Palatka to Cedar Keys, on my old track made thirty-one years ago, in search of the Hodgsons who nursed me through my long attack of fever. Mr. Hodgson died long ago, also the eldest son, with whom I used to go boating among the keys while slowly convalescing.”

He then tells how he found Mrs. Hodgson and the rest of the family at Archer. They had long thought him dead and were naturally very


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Rh much surprised to see him. Mrs. Hodgson was in her garden and he recognized her, though the years had altered her appearance. Let us give his own account of the meeting: “I asked her if she knew me. No, I don’t,’ she said; ‘tell me your name.’ ‘Muir,’ I replied. ‘John Muir? My California John Muir?’ she almost screamed. I said, ‘Yes, John Muir; and you know I promised to return and visit you in about twenty-five years, and though I am a little late—six or seven years—I’ve done the best I could.’ The eldest boy and girl remembered the stories I told them, and when they read about the Muir Glacier they felt sure it must have been named for me. I stopped at Archer about four hours, and the way we talked over old times you may imagine.” From Savannah, on the same trip, he wrote: “Here is where I spent a hungry, weary, yet happy week camping in Bonaventure graveyard thirty-one years ago. Many changes, I am told, have been made in its graves and avenues of late, and how many in my life!”


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Rh In perusing this journal the reader will miss the literary finish which Mr. Muir was accustomed to give to his later writings. This fact calls for no excuse. Not only are we dealing here with the earliest product of his pen, but with impressions and observations written down hastily during pauses in his long march. He apparently intended to use this raw material at some time for another book. If the record, as it stands, lacks finish and adornment, it also possesses the immediacy and the freshness of first impressions. The sources which I have used in preparing this volume are threefold: (1) the original journal, of which the first half contained many interlinear revisions and expansions, and a considerable number of rough pencil sketches of plants, trees, scenery, and notable adventures; (2) a wide-spaced, typewritten, rough copy of the journal, apparently in large part dictated to a stenographer; it is only slightly revised, and comparison with the original journal shows many significant omissions and additions; (3)


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The New International Encyclopædia/Lewald, Fanny

LEWALD, (1811-89). A German novelist and essayist, a cousin of August Lewald. She was born in Königsberg, of Jewish parents, but joined the Protestant Church when she was sixteen. Travel developed her powers of composition, and in 1841 she published her first novel in Europa, under the title Der Stellvertreter. Four years later, after travels in Italy, she settled in Berlin, where she maried Adolph Stahr (q.v.) in 1855. She wrote the novels: Klementine (1842); Jenny (1843); Nella (1870); Die Erlöserin (1873); Neue Novellen (1877); and Stella, which has been translated into English (1884). She also wrote sketches of travel, and the autobiographical Meine Lebensgeschichte (1861-63); and, treating the question of woman's rights, of which she was an ardent supporter, Osterbriefe für die Frauen (1863), and Für und wider die Frauen (2d ed. 1875). Consult Frenzel, Erinnerungen und Strömungen (Leipzig, 1890).


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Rh two separate elaborations of his experiences in Savannah when he camped there for a week in the Bonaventure graveyard. Throughout my work upon the primary and secondary materials I was impressed with the scrupulous fidelity with which he adhered to the facts and impressions set down in the original journal.

Readers of Muir’s writings need scarcely be told that this book, autobiographically, bridges the period between The Story of my Boyhood and Youth and My First Summer in the Sierra. However, one span of the bridge was lacking, for the journal ends with Mr. Muir’s arrival in San Francisco about the first of April, 1868, while his first summer in the Sierra was that of 1869. By excerpting from a letter a summary account of his first visit to Yosemite, and including a description of Twenty Hill Hollow, where he spent a large part of his first year in California, the connection is made complete. The last chapter was first published as an article in the Overland Monthly of July, 1872.


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Page:United States Reports, Volume 545.djvu/988

 Opinion of the Court The rule on inducement of infringement as developed in the early cases is no different today. Evidence of “active steps … taken to encourage direct infringement,” Oak Industries, Inc. v. Zenith Electronics Corp., 697 F. Supp. 988, 992 (ND Ill. 1988), such as advertising an infringing use or instructing how to engage in an infringing use, show an affirmative intent that the product be used to infringe, and a showing that infringement was encouraged overcomes the law’s reluctance to find liability when a defendant merely sells a commercial product suitable for some lawful use, see, e.g., Water Technologies Corp. v. Calco, Ltd., 850 F.2d 660, 668 (CA Fed. 1988) (liability for inducement where one “actively and knowingly aid[s] and abet[s] another’s direct infringement” (emphasis omitted)); Fromberg, Inc. v. Thornhill, 315 F.2d 407, 412–413 (CA5 1963) (demonstrations by sales staff of infringing uses supported liability for inducement); Haworth Inc. v. Herman Miller Inc., 37 USPQ 2d 1080, 1090 (WD Mich. 1994) (evidence that defendant “demonstrate[d] and recommend[ed] infringing configurations” of its product could support inducement liability); Sims v. Mack Trucks, Inc., 459 F. Supp. 1198, 1215 (ED Pa. 1978) (finding inducement where the use “depicted by the defendant in its promotional film and brochures infringes the … patent”), overruled on other grounds, 608 F.2d 87 (CA3 1979). Cf. W. Keeton, D. Dobbs, R. Keeton, & D. Owen, Prosser and Keeton on Law of Torts 37 (5th ed. 1984) (“There is a definite tendency to impose greater responsibility upon a defendant whose conduct was intended to do harm, or was morally wrong”).

For the same reasons that Sony took the staple-article doctrine of patent law as a model for its copyright safe-harbor rule, the inducement rule, too, is a sensible one for copyright. We adopt it here, holding that one who distributes a device with the object of promoting its use to infringe copyright, as


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Rh A revised copy of the printed article, found among Muir's literary effects, has been made the basis of the chapter on Twenty Hill Hollow as it appears in this volume.


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Rh southward direction by the wildest, leafiest, and least trodden way I could find, promising the greatest extent of virgin forest. Folding my map, I shouldered my little bag and plant press and strode away among the old Kentucky oaks, rejoicing in splendid visions of pines and palms and tropic flowers in glorious array, not, however, without a few cold shadows of loneliness, although the great oaks seemed to spread their arms in welcome. I have seen oaks of many species in many kinds of exposure and soil, but those of Kentucky excel in grandeur all I had ever before beheld. They are broad and dense and bright green. In the leafy bowers and caves of their long branches dwell magnificent avenues of shade, and every tree seems to be blessed with a double portion of strong exulting life. Walked twenty miles, mostly on river bottom, and found shelter in a rickety tavern. September 3. Escaped from the dust and squalor of my garret bedroom to the glorious forest. All the streams that I tasted hereabouts


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Rh are salty and so are the wells. Salt River was nearly dry. Much of my way this forenoon was over naked limestone. After passing the level ground that extended twenty-five or thirty miles from the river I came to a region of rolling hills called Kentucky Knobs—hills of denudation, covered with trees to the top. Some of them have a few pines. For a few hours I followed the farmers’ paths, but soon wandered away from roads and encountered many a tribe of twisted vines difficult to pass. Emerging about noon from a grove of giant sunflowers, I found myself on the brink of a tumbling rocky stream [Rolling Fork]. I did not expect to find bridges on my wild ways, and at once started to ford, when a negro woman on the opposite bank earnestly called on me to wait until she could tell the “men folks” to bring me a horse—that the river was too deep and rapid to wade and that I would “sartain be drowned” if I attempted to cross. I replied that my bag and plants would ballast me; that the water did not appear to be


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Page:Shrinking the Commons.djvu/25

 The genius of the Creative Commons project lay in disaggregating all the policy decisions implicit in the pre-existing family of open-content licenses and permitting licensors to recombine them individually in whatever fashion best suited their intent. Creative Commons licenses present authors, in effect, with a menu of license criteria, each reflecting a particular policy decision, from which the author is free to pick and choose. The various possible license criteria (and the recognized Creative Commons abbreviations) are: All the publicly available Creative Commons licenses presently include the attribution requirement, leaving authors free to select “yes” or “no” as to each of the remaining three options. Although there are eight possible ways
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title: Page:Shrinking the Commons.djvu/25


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Author:Ettrick William Creak

Works

 * (in part)

title: Author:Ettrick William Creak


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Rh deep, and that if I were carried away, I was a good swimmer and would soon dry in the sunshine. But the cautious old soul replied that no one ever waded that river and set off for a horse, saying that it was no trouble at all.

In a few minutes the ferry horse came gingerly down the bank through vines and weeds. His long stilt legs proved him a natural wader. He was white and the little sable negro boy that rode him looked like a bug on his back. After many a tottering halt the outward voyage was safely made, and I mounted behind little Nig. He was a queer specimen, puffy and jet as an India rubber doll and his hair was matted in sections like the wool of a merino sheep. The old horse, overladen with his black and white burden, rocked and stumbled on his stilt legs with fair promises of a fall. But all ducking signs failed and we arrived in safety among the weeds and vines of the rugged bank. A salt bath would have done us no harm. I could swim and little Afric looked as if he might float like a bladder.


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The New International Encyclopædia/Lew-Chew

LEW-CHEW, LEW-KEW. See.


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Rh I called at the homestead where my ferryman informed me I would find “tollable” water. But, like all the water of this section that I have tasted, it was intolerable with salt. Everything about this old Kentucky home bespoke plenty, unpolished and unmeasured. The house was built in true Southern style, airy, large, and with a transverse central hall that looks like a railway tunnel, and heavy rough outside chimneys. The negro quarters and other buildings are enough in number for a village, altogether an interesting representative of a genuine old Kentucky home, embosomed in orchards, corn fields and green wooded hills.

Passed gangs of woodmen engaged in felling and hewing the grand oaks for market. Fruit very abundant. Magnificent flowing hill scenery all afternoon. Walked southeast from Elizabethtown till wearied and lay down in the bushes by guess. September 4. The sun was gilding the hilltops when I was awakened by the alarm notes of birds whose dwelling in a hazel thicket I had


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Rh disturbed. They flitted excitedly close to my head, as if scolding or asking angry questions, while several beautiful plants, strangers to me, were looking me full in the face. The first botanical discovery in bed! This was one of the most delightful camp grounds, though groped for in the dark, and I lingered about it enjoying its trees and soft lights and music.

Walked ten miles of forest. Met a strange oak with willow-looking leaves. Entered a sandy stretch of black oak called “Barrens,” many of which were sixty or seventy feet in height, and are said to have grown since the fires were kept off, forty years ago. The farmers hereabouts are tall, stout, happy fellows, fond of guns and horses. Enjoyed friendly chats with them. Arrived at dark in a village that seemed to be drawing its last breath. Was guided to the “tavern” by a negro who was extremely accommodating. “No trouble at all,” he said.

September 5. No bird or flower or friendly tree above me this morning; only squalid garret


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The New International Encyclopædia/Lewenhaupt, Adam Ludvig

LEWENHAUPT, , (1659-1719). A Swedish general. He was born near Copenhagen; studied at Upsala, Lund, Rostock, and Wittenberg; served in the Austrian army against the Turks, and under William III. in Holland; and in 1697 returned to Sweden. In the war waged by Charles XII. against Peter the Great and his allies he was intrusted with the defense of Courland, and defeated the enemy in several engagements (1703-05). Lewenhaupt fought bravely at Poltava in 1709, and after that disastrous battle was forced to surrender the

remnant of the Swedish forces to the Russians. He was kept a prisoner in Russia, and he lived in Moscow until his death, in 1719. His memoirs, edited by his son-in-law, were published at Stockholm in 1757.


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Rh rubbish and dust. Escaped to the woods. Came to the region of caves. At the mouth of the first I discovered, I was surprised to find ferns which belonged to the coolest nooks of Wisconsin and northward, but soon observed that each cave rim has a zone of climate peculiar to itself, and it is always cool. This cave had an opening about ten feet in diameter, and twenty-five feet perpendicular depth. A strong cold wind issued from it and I could hear the sounds of running water. A long pole was set against its walls as if intended for a ladder, but in some places it was slippery and smooth as a mast and would test the climbing powers of a monkey. The walls and rim of this natural reservoir were finely carved and flowered. Bushes leaned over it with shading leaves, and beautiful ferns and mosses were in rows and sheets on its slopes and shelves. Lingered here a long happy while, pressing specimens and printing this beauty into memory.

Arrived about noon at Munfordville; was soon discovered and examined by Mr.


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Rh himself, a pioneer and father of the village. He is a surveyor—has held all country offices, and every seeker of roads and lands applies to him for information. He regards all the villagers as his children, and all strangers who enter Munfordville as his own visitors. Of course he inquired my business, destination, et cetera, and invited me to his house.

After refreshing me with “parrs” he complacently covered the table with bits of rocks, plants, et cetera, things new and old which he had gathered in his surveying walks and supposed to be full of scientific interest. He informed me that all scientific men applied to him for information, and as I was a botanist, he either possessed, or ought to possess, the knowledge I was seeking, and so I received long lessons concerning roots and herbs for every mortal ill. Thanking my benefactor for his kindness, I escaped to the fields and followed a railroad along the base of a grand hill ridge. As evening came on all the dwellings I found seemed to repel me, and I could not muster courage


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Rh enough to ask entertainment at any of them. Took refuge in a log schoolhouse that stood on a hillside beneath stately oaks and slept on the softest looking of the benches.

September 6. Started at the earliest bird song in hopes of seeing the great Mammoth Cave before evening. Overtook an old negro driving an ox team. Rode with him a few miles and had some interesting chat concerning war, wild fruits of the woods, et cetera. “Right heah,” said he, “is where the Rebs was a-tearin’ up the track, and they all a sudden thought they seed the Yankees a-comin’, obah dem big hills dar, and Lo’d, how dey run.” I asked him if he would like a renewal of these sad war times, when his flexible face suddenly calmed, and he said with intense earnestness, “Oh, Lo’d, want no mo wa, Lo’d no.” Many of these Kentucky negroes are shrewd and intelligent, and when warmed upon a subject that interests them, are eloquent in no mean degree.

Arrived at Horse Cave, about ten miles from the great cave. The entrance is by a long easy


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Rh slope of several hundred yards. It seems like a noble gateway to the birthplace of springs and fountains and the dark treasuries of the mineral kingdom. This cave is in a village [of the same name] which it supplies with an abundance of cold water, and cold air that issues from its fern-clad lips. In hot weather crowds of people sit about it in the shade of the trees that guard it. This magnificent fan is capable of cooling everybody in the town at once.

Those who live near lofty mountains may climb to cool weather in a day or two, but the overheated Kentuckians can find a patch of cool climate in almost every glen in the State. The villager who accompanied me said that Horse Cave had never been fully explored, but that it was several miles in length at least. He told me that he had never been at Mammoth Cave—that it was not worth going ten miles to see, as it was nothing but a hole in the ground, and I found that his was no rare case. He was one of the useful, practical men—too wise to waste


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Rh precious time with weeds, caves, fossils, or anything else that he could not eat.

Arrived at the great Mammoth Cave. I was surprised to find it in so complete naturalness. A large hotel with fine walks and gardens is near it. But fortunately the cave has been unimproved, and were it not for the narrow trail that leads down the glen to its door, one would not know that it had been visited. There are house-rooms and halls whose entrances give but slight hint of their grandeur. And so also this magnificent hall in the mineral kingdom of Kentucky has a door comparatively small and unpromising. One might pass within a few yards of it without noticing it. A strong cool breeze issues constantly from it, creating a northern climate for the ferns that adorn its rocky front. I never before saw Nature’s grandeur in so abrupt contrast with paltry artificial gardens. The fashionable hotel grounds are in exact parlor taste, with many a beautiful plant cultivated to deformity, and arranged in strict


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Rh geometrical beds, the whole pretty affair a laborious failure side by side with Divine beauty. The trees around the mouth of the cave are smooth and tall and bent forward at the bottom, then straight upwards. Only a butternut seems, by its angular knotty branches, to sympathize with and belong to the cave, with a fine growth of Cystopteris and Hypnum.

Started for Glasgow Junction. Got belated in the hill woods. Inquired my way at a farm house and was invited to stay overnight in a rare, hearty, hospitable manner. Engaged in familiar running talk on politics, war times, and theology. The old Kentuckian seemed to take a liking to me and advised me to stay in these hills until next spring, assuring me that I would find much to interest me in and about the Great Cave; also, that he was one of the school officials and was sure that I could obtain their school for the winter term. I sincerely thanked him for his kind plans, but pursued my own.

September 7. Left the hospitable


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Rh with their sincere good wishes and bore away southward again through the deep green woods. In noble forests all day. Saw mistletoe for the first time. Part of the day I traveled with a Kentuckian from near Burkesville. He spoke to all the negroes he met with familiar kindly greetings, addressing them always as "Uncles" and "Aunts." All travelers one meets on these roads, white and black, male and female, travel on horseback. Glasgow is one of the few Southern towns that shows ordinary American life. At night with a well-to-do farmer.

September 8. Deep, green, bossy sea of waving, flowing hilltops. Corn and cotton and tobacco fields scattered here and there. I had imagined that a cotton field in flower was something magnificent. But cotton is a coarse, rough, straggling, unhappy looking plant, not half as good-looking as a field of Irish potatoes.

Met a great many negroes going to meeting, dressed in their Sunday best. Fat, happy looking, and contented. The scenery on approaching


text: Harvard Law Review/Volume 1/Issue 7/Notes


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Rh the Cumberland River becomes still grander. Burkesville, in beautiful location, is embosomed in a glorious array of verdant flowing hills. The Cumberland must be a happy stream. I think I could enjoy traveling with it in the midst of such beauty all my life. This evening I could find none willing to take me in, and so lay down on a hillside and fell asleep muttering praises to the happy abounding beauty of Kentucky.

September 9. Another day in the most favored province of bird and flower. Many rapid streams, flowing in beautiful flower-bordered cañons embosomed in dense woods. Am seated on a grand hill-slope that leans back against the sky like a picture. Amid the wide waves of green wood there are spots of autumnal yellow and the atmosphere, too, has the dawnings of autumn in colors and sounds. The soft light of morning falls upon ripening forests of oak and elm, walnut and hickory, and all Nature is thoughtful and calm. Kentucky is the greenest, leafiest State I have yet seen. The sea of soft temperate plant-green is deepest here.


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Author:Francis Marion Crawford

Works

 * Mr. Isaacs: A Tale of Modern India (1882)
 * Saracinesca (1887)
 * Khaled: A Tale of Arabia (1891)
 * Greifenstein (1889) $PG$
 * The Upper Berth (1894). $PG$
 * Love in Idleness: A Tale of Bar Harbour (1894)
 * The Screaming Skull (1908) short story published in Collier's July 11 & 18

Novels

 * Mr. Isaacs: A Tale of Modern India (1882)
 * Dr. Claudius (1883) $PG$
 * To Leeward (1884) $PG$
 * A Roman Singer (1884) $PG$
 * An American Politician (1884); U.S. title-page has 1885. $PG$
 * Zoroaster (1885) $PG$
 * A Tale of a Lonely Parish (1886) $PG$
 * Marzio's Crucifix (1887) $PG$
 * Paul Patoff (1887) $PG$
 * With the Immortals (1888)
 * Greifenstein (1889) $PG$
 * A Cigarette-Maker's Romance (1890) $PG$
 * Khaled: A Tale of Arabia (1891)
 * The Witch of Prague (1891) $PG$
 * The Three Fates (1892) $PG$
 * The Children of the King: A Tale of Southern Italy (1893) $PG$
 * Pietro Ghisleri (1893) $PG$
 * Marion Darche: A Story Without Comment (1893) $PG$
 * Katherine Lauderdale (1894) $PG$
 * The Upper Berth (1894). $PG$
 * "The Upper Berth"
 * "By the Waters of Paradise"
 * Love in Idleness: A Tale of Bar Harbour (1894)
 * The Ralstons (1894) [sequel to Katherine Lauderdale] $PG$
 * Casa Braccio (1895) $PG$
 * Adam Johnstone's Son (1896) $PG$
 * Taquisara (1896) $PG$
 * A Rose of Yesterday (1897) $PG$
 * Corleone: A Tale of Sicily (1897) $PG$
 * Via Crucis: A Romance of the Second Crusade (1899) $PG$
 * In the Palace of the King: A Love Story of Old Madrid (1900) $PG$
 * Marietta: A Maid of Venice (1901) $PG$
 * Cecilia: A Story of Modern Rome (1902) $PG$
 * Man Overboard! (1903) [novella] $PG$
 * The Heart of Rome (1903)
 * Whosoever Shall Offend (1904) $PG$
 * Soprano (1905); U.S. title: Fair Margaret: A Portrait. $PG$
 * A Lady of Rome (1906) $PG$
 * Arethusa: A princess in slavery (1907) $PG$
 * The Little City of Hope: A Christmas Story (1907) $PG$
 * The Primadonna (1908); [sequel to Soprano / Fair Margaret] $PG$
 * The Diva's Ruby (1908); [sequel to The Primadonna] $PG$
 * The White Sister (1909) $PG$
 * Stradella (1909) $PG$
 * The Undesirable Governess (1910)
 * Uncanny Tales. US title: Wandering Ghosts (1911?)
 * The Witch of Prague and Other Stories (1919?)

Saracinesca trilogy

 * Saracinesca (1887) $PG$
 * Sant Ilario (1889) $PG$
 * Don Orsino (1892) $PG$

Nonfiction

 * Our Silver (1881) [pamphlet]
 * The Novel: What It Is (1893) $PG$
 * Constantinople (1895)
 * Bar Harbor (1896)
 * Ave Roma Immortalis (1898) $PG$
 * Rulers of the South (1900; US title: Southern Italy and Sicily and The Rulers of the South (1905)
 * Gleanings from Venetian History (1905); US title: Salvae Venetia and in 1909 as Venice; the People and the Place

Drama

 * In the Palace of the King (1900); with Lorrimer Stoddard.
 * Francesca da Rimini (1902).
 * Evelyn Hastings (1902). Unpublished typescript discovered in 2008.
 * The White Sister (1937); with Walter Hackett.

Contributions to EB1911

 * (The Modern City)

title: Author:Francis Marion Crawford


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Rh Comparing volumes of vegetable verdure in different countries to a wedge, the thick end would be in the forests of Kentucky, the other in the lichens and mosses of the North. This verdure wedge would not be perfect in its lines. From Kentucky it would maintain its thickness long and well in passing the level forests of Indiana and Canada. From the maples and pines of Canada it would slope rapidly to the bleak Arctic hills with dwarf birches and alders; thence it would thin out in a long edge among hardy lichens and liverworts and mosses to the dwelling-places of everlasting frost. Far the grandest of all Kentucky plants are her noble oaks. They are the master existences of her exuberant forests. Here is the Eden, the paradise of oaks. Passed the Kentucky line towards evening and obtained food and shelter from a thrifty Tennessee farmer, after he had made use of all the ordinary anti-hospitable arguments of cautious comfortable families.

September 10. Escaped from a heap of uncordial kindness to the generous bosom of the


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Rh woods. After a few miles of level ground in luxuriant tangles of brooding vines, I began the ascent of the Cumberland Mountains, the first real mountains that my foot ever touched or eyes beheld. The ascent was by a nearly regular zigzag slope, mostly covered up like a tunnel by overarching oaks. But there were a few openings where the glorious forest road of Kentucky was grandly seen, stretching over hill and valley, adjusted to every slope and curve by the hands of Nature—the most sublime and comprehensive picture that ever entered my eyes. Reached the summit in six or seven hours—a strangely long period of up-grade work to one accustomed only to the hillocky levels of Wisconsin and adjacent States.


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Author:William Cunningham (1849-1919)

Works

 * The churches of Asia; a methodical sketch of the second century, 1880
 * The growth of English industry and commerce during the early and middle ages, 1882
 * Politics and economics: an essay on the nature of the nature of the principles of political economy, 1885
 * S. Austin and his place in the history of Christian thought, 1886
 * Walter of Henley's Husbandry, together with an anonymous Husbandry, Seneschaucie, and Robert Grosseteste's Rules by Walter de Henley, 13th cent;, Elizabeth Lamond, d. 1891, ed; intoduction by. 1890
 * The growth of English industry and commerce, 1890
 * Craft gilds, 1890 short work
 * The use and abuse of money, 1891
 * The path towards knowledge, 1891
 * 1891: 'The Progress of Economic Doctrine in England in the Eighteenth Century'. In: The Economic Journal, Vol. 1, p. 73 - 94
 * A discourse of the common weal of this realm by Elizabeth Lamond, ed; 1893
 * Outlines of English industrial history, 1895
 * Modern civilization in some of its economic aspects, 1896
 * Alien immigrants to England, 1897
 * True womanhood, 1897
 * An essay on western civilization in its economic aspects, 1898
 * The gospel of work: four lectures on Christian ethics, 1902
 * Cambridge gild records by Mary Bateson, preface 1903
 * Richard Cobden and Adam Smith; two lectures, 1904
 * The rise and decline of the free trade movement, 1904
 * Essays on some theological questions of the day, 1905
 * Lectures: first series by Compatriots' Club, 1905
 * The wisdom of the wise; three lectures on free trade imperialism, 1906
 * Should our railways be nationalised?, 1906
 * The industrial revolution, 1908
 * The moral witness of the church on the investment of money and the use of wealth, 1909
 * The strength of England; a politico-economis history of England from Saxton times to the reign of Charles the First by Joseph William Wilson Welsford, 1910 intro & ed?
 * Christianity and social questions, 1910
 * The case against free trade, 1911
 * Christianity and economic science, 1914
 * The progress of capitalism in England, 1916
 * English influence on the United States, 1916
 * British citizens and their responsibilities to God: six sermons, 1916
 * The progress of capitalism in England, 1916
 * The increase of true religion; 1917
 * The common weal, 1917
 * The secret of progress, 1918
 * Monuments of English municipal life, 1920
 * Making the most of life, 1920
 * The story of Cambidgeshire as told by itself, 1920

title: Author:William Cunningham (1849-1919)


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HAD climbed but a short distance when I was overtaken by a young man on horseback, who soon showed that he intended to rob me if he should find the job worth while. After he had inquired where I came from, and where I was going, he offered to carry my bag. I told him that it was so light that I did not feel it at all a burden; but he insisted and coaxed until I allowed him to carry it. As soon as he had gained possession I noticed that he gradually increased his speed, evidently trying to get far enough ahead of me to examine the contents without being observed. But I was too good a walker and runner for him to get far. At a turn of the road, after trotting his horse for about half an hour, and when he thought he was out of sight, I caught him rummaging my poor bag. Finding there only a comb, brush, towel, soap, a change of underclothing, a copy


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User talk:FrankyLeRoutier

Hello is me bye bye FrankyLeRoutier (talk) 19:41, 4 November 2010 (UTC)

title: User talk:FrankyLeRoutier


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Rh of Burns’s poems, Milton’s Paradise Lost, and a small New Testament, he waited for me, handed back my bag, and returned down the hill, saying that he had forgotten something.

I found splendid growths of shining-leaved Ericaceæ [heathworts] for which the Alleghany Mountains are noted. Also ferns of which Osmunda cinnamomea [Cinnamon Fern] is the largest and perhaps the most abundant. Osmunda regalis [Flowering Fern] is also common here, but not large. In Wood’s and Gray’s Botany Osmunda cinnamomea is said to be a much larger fern than Osmunda Claytoniana, This I found to be true in Tennessee and southward, but in Indiana, part of Illinois, and Wisconsin the opposite is true. Found here the beautiful, sensitive Schrankia, or sensitive brier. It is a long, prickly, leguminous vine, with dense heads of small, yellow fragrant flowers.


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Rh Vines growing on roadsides receive many a tormenting blow, simply because they give evidence of feeling. Sensitive people are served in the same way. But the roadside vine soon becomes less sensitive, like people getting used to teasing—Nature, in this instance, making for the comfort of flower creatures the same benevolent arrangement as for man. Thus I found that the Schrankia vines growing along footpaths leading to a backwoods schoolhouse were much less sensitive than those in the adjacent unfrequented woods, having learned to pay but slight attention to the tingling strokes they get from teasing scholars.

It is startling to see the pairs of pinnate leaves rising quickly out of the grass and folding themselves close in regular succession from the root to the end of the prostrate stems, ten to twenty feet in length. How little we know as yet of the life of plants—their hopes and fears, pains and enjoyments!

Traveled a few miles with an old Tennessee farmer who was much excited on account of the


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Author:Henry Hardinge Cunynghame

Works

 * (in part)
 * (in part')

title: Author:Henry Hardinge Cunynghame


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Rh news he had just heard. "Three kingdoms, England, Ireland, and Russia, have declared war agin the United States. Oh, it's terrible, terrible," said he. "This big war comin' so quick after our own big fight. Well, it can't be helped, and all I have to say is, Amerricay forever, but I’d a heap rather they did n’t fight."

"But are you sure the news is true?" I inquired. "Oh, yes, quite sure," he replied, "for me and some of my neighbors were down at the store last night, and Jim Smith can read, and he found out all about it in a newspaper."

Passed the poor, rickety, thrice-dead village of Jamestown, an incredibly dreary place. Toward the top of the Cumberland grade, about two hours before sundown I came to a log house, and as I had been warned that all the broad plateau of the range for forty or fifty miles was desolate, I began thus early to seek a lodging for the night. Knocking at the door, a motherly old lady replied to my request for supper and bed and breakfast, that I was welcome to the best she had, provided that I had the necessary


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The Cumberland Mountains change to pay my bill. When I told her that unfortunately I had nothing smaller than a five-dollar greenback, she said, "Well, I(m sorry, but cannot afford to keep you. Not long ago ten soldiers came across from North Carolina, and in the morning they offered a greenback that I could n’t change, and so I got nothing for keeping them, which I was ill able to afford." "Very well," I said, "I'm glad you spoke of this beforehand, for I would rather go hungry than impose on your hospitality."

As I turned to leave, after bidding her good-bye, she, evidently pitying me for my tired looks, called me back and asked me if I would like a drink of milk. This I gladly accepted, thinking that perhaps I might not be successful in getting any other nourishment for a day or two. Then I inquired whether there were any more houses on the road, nearer than North Carolina, forty or fifty miles away. "Yes," she said, "it's only two miles to the next house, but beyond that there are no houses that I know of except empty ones whose


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Rh have been killed or driven away during the war."

Arriving at the last house, my knock at the door was answered by a bright, good-natured, good-looking little woman, who in reply to my request for a night's lodging and food, said, "Oh, I guess so. I think you can stay. Come in and I’ll call my husband." "But I must first warn you," I said, "that I have nothing smaller to offer you than a five-dollar bill for my entertainment. I don’t want you to think that I am trying to impose on your hospitality."

She then called her husband, a blacksmith, who was at work at his forge. He came out, hammer in hand, bare-breasted, sweaty, begrimed, and covered with shaggy black hair. In reply to his wife's statement, that this young man wished to stop over night, he quickly replied, "That’s all right; tell him to go into the house." He was turning to go back to his shop, when his wife added, "But he says he has n’t any change to pay. He has nothing smaller than a five-dollar bill." Hesitating only a


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 Boyce occasion Mattocks made his first appearance on the stage. In the same year the parishioners of Allhallows the Great and Less, Thames Street, where Boyce was born, requested him to become organist of the parish church ; he held this post until 18 May 1769, when he was dismissed, probably because his numerous occupations prevented him from attending properly to the duties of the post. In 1750 Garrick revived Dryden's 'Secular Masque' (30 Oct.), which had been originally produced with 'The Pilgrim' on 25 March 1700. For this Boyce had already written music, which had been performed at 'Hickford's Room, or the Castle Concert;' this was now heard at Drury Lane, with Beard as Momus. In the following year (19 Nov. 1751) another small work by Mendez and Boyce was brought out at Drury Lane ; this was 'The Shepherd's Lottery,' in which Beard and Mrs. Clive sang the principal parts. About this time he moved from his father's house in the city to Quality Court, Chancery Lane, where he lived with his wife until his removal to Kensington in 1758. In 1755, on the death of Dr. Greene, Boyce was nominated by the Duke of Grafton to be master of the king's band of musicians. He was not sworn in until June 1757, but he fulfilled the duties of the post from the death of Greene. In this capacity he composed a large number of odes for the king's birthday and new year's day. A complete collection of these from the year 1755 to 1779 is preserved in the Music School Collection at Oxford, besides a queen's ode (performed 6 June 1763), and two settings of 'The king shall rejoice,' the earliest of which was performed at the wedding of George III (8 Sept. 1761), and the other at St. Paul's Cathedral (22 April 1766). As conductor of the festivals of the Sons of the Clergy, another post to which he succeeded on Greene's death, Boyce wrote additional accompaniments to Purcell's great Te Deum and Jubilate, besides composing specially for these occasions two of his finest anthems. In 1758 John Travers, the organist of the Chapel Royal, died, and on 23 June Boyce was admitted to this post. In the same year he wrote music for Home's tragedy of 'Agis,' which was produced at Drury Lane 21 Feb. Boyce also wrote at different times music for Shakespeare's 'Tempest,' 'Cymbeline,' and 'Winter's Tale,' and a dirge for 'Romeo and Juliet.' His last work for the theatre was the music to Garrick's pantomime, 'Harlequin's Invasion,' which was produced at Drury Lane 31 Dec. 1759. Boyce's most important contribution to this work was the fine song 'Hearts of Oak,' a composition which almost rivals 'Rule Britannia' in vigour and popularity. This song was originally sung by Champness ; it was published in 'Thalia, a Collection of six favourite Songs (never before Publish'd) which have been occasionally Introduced in several Dramatic Performances at the Theatre Royal in Drury Lane ; the words by David Garrick, Esq., and the musick compos'd by Dr. Boyce, Dr. Arne, Mr. Smith, Mr. M. Arne, Mr. Battishill, and Mr. Barthelemon.' During the whole of his life Boyce suffered much from deafness ; even before his articles had expired this infirmity had made itself very apparent, and by the year 1758 it had increased to such an extent that he resolved to give up teaching and to retire to Kensington, and devote himself to editing the collection of church music which bears his name. The idea of publishing a work of this description occurred simultaneously to Dr. Alcock and Dr. Greene about the year 1735. The latter issued a prospectus on the subject, whereupon Dr. Alcock gave up the plan, and presented Greene with his collections ; but he did not live to begin the work in earnest, which thus devolved, by Greene's wishes, upon Boyce. The 'Cathedral Music,' the first volume of which was published in 1760, has been often reprinted, and, although at the time of its publication it brought but little beyond honour to its editor, it still remains a most valuable and important work, and a monument of Boyce's erudition and good judgment. Besides the preparation of this great work, in his latter years Boyce revised most of his earlier compositions, and published a selection of the overtures to his new-year and birthday odes, under the title of 'Eight Symphonys.' Most of his anthems were not published until after his death, when two volumes were brought out by his widow and by Dr. Philip Hayes, besides a burial service and a collection of voluntaries for the organ or harpsichord. He died of gout at Kensington 7 Feb. 1779, and was buried under the dome of St. Paul's on the 16th of the same month. His will, dated 24 June 1775, proved by his wife and daughter 20 Feb. 1779, directs that he should not be buried until seven days and seven nights after his death. By his wife Hannah he had two children : (1) Elizabeth, who was born 29 April 1749; and (2) William, born 25 March 1764. The latter, after his father's death, entered at an Oxford college, but was sent down without taking a degree. He attained some distinction as a double-bass player, and died about 1823. Two oil paintings of Boyce are known to exist. One, a full length, is in the Music School Collection at Oxford; another, a small three-quarter length of him, seated, by Sir Joshua Reynolds, is


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Rh, he turned on his heel and said, "Tell him to go into the house. A man that comes right out like that beforehand is welcome to eat my bread."

When he came in after his hard day's work and sat down to dinner, he solemnly asked a blessing on the frugal meal, consisting solely of corn bread and bacon. Then, looking across the table at me, he said, "Young man, what are you doing down here?" I replied that I was looking at plants. "Plants? What kind of plants?" I said, "Oh, all kinds; grass, weeds, flowers, trees, mosses, ferns,—almost everything that grows is interesting to me."

"Well, young man," he queried, "you mean to say that you are not employed by the Government on some private business?" "No," I said, "I am not employed by any one except just myself. I love all kinds of plants, and I came down here to these Southern States to get acquainted with as many of them as possible."

"You look like a strong-minded man," he replied, "and surely you are able to do something


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 said: 'Since he undertook the appointment of admiral-superintendent of the harbour of Balaklava he has applied himself incessantly to the discharge of his arduous duties, exposing himself in all weathers; and he has rendered a most essential service to the army by improving the landing-places and establishing wharves on the west side of the port, whereby the disembarkation of stores and troops has been greatly accelerated, and communications with the shore have been rendered much easier.' He had been a widower for nearly thirty years, but left a numerous family.

BOYCE, SAMUEL (d. 1775), dramatist, was originally an engraver, and held subsequently a place in the South Sea House. He is the author of 'The Rover, or Happiness at Last,' a dramatic pastoral, 4to, 1752, which was never acted, and 'Poems on several Occasions,' Lond. 1757, 8vo, a large-paper copy of which was in the Garrick sale. He died 21 March 1775.

BOYCE, THOMAS (d. 1793), dramatist, was rector of Worlingham, Suffolk, and chaplain to the Earl of Suffolk. He is the author of one tragedy, 'Harold,' Lond. 4to, 1786, which was never acted. In the preface to this he states that when he wrote it he was unaware that Cumberland's play on the same subject was in rehearsal at Drury Lane. It is a dull work, but the termination, judged by the standard of the day, is not ineffective. He died 4 Feb. 1793.

BOYCE, WILLIAM (1710–1779), Mus. Doc., was born at Joiners' Hall, Upper Thames Street, in 1710. His father is variously stated to have been a 'housekeeper,' a joiner and cabinet maker, a man of considerable property, and the beadle of the Joiners' Company. Boyce was educated at St. Paul's School, and was a chorister of St. Paul's Cathedral under Charles King. When his voice broke he was apprenticed to Dr. Maurice Greene, with whom he always remained on close terms of friendship. In 1734 he competed for the post of organist at St. Michael's, Cornhill, the other candidates being Froud, Worgan, Young, and Kelway. The appointment was given to the last-named musician, and Boyce became organist of Oxford Chapel (now St. Peter's), Vere Street, where he succeeded Joseph Centlivre. At this time he studied theory under Dr. Pepusch, and was much in demand as a teacher of the harpsichord, particularly in ladies' schools. In 1736 Kelway left St. Michael's, and succeeded Weldon at St. Martin's-in-the-Fields; whereupon Boyce resigned his post at Oxford Chapel, and took Kelway's place in the city, which he continued to occupy until 5 April 1768. On 21 June of the same year he was sworn in as composer to the Chapel Royal, the post of organist at the same time being conferred upon Jonathan Martin, while Boyce undertook to fulfil the third part of the duty of organist, receiving in return one-third part of the money allotted to Martin as 'travelling expenses.' In 1734 Boyce's setting of 'Peleus and Thetis,' a masque, written by Lord Lansdowne, had been performed by the Philharmonic Society, and in 1736 the Apollo Society produced an oratorio by him, 'David's Lamentation over Saul and Jonathan,' the words of which were by John Lockman. In 1737 he was appointed conductor of the Three Choirs festivals, a post he held for many years. About the same time he became a member of the Royal Society of Musicians, and a little later he composed music to two odes for St. Cecilia's day, written respectively by Lockman and an under-master of Westminster School named Vidal. In 1740 he composed the Pythian Ode, 'Gentle lyre, begin the strain,' and in 1743 produced his best work, the serenata of 'Solomon,' the book of which was compiled from the Song of Solomon by Edward Moore, the author of 'Fables for the Female Sex.' Shortly afterwards he published a set of 'Twelve Sonatas for Two Violins, with a Bass for the Violoncello or Harpsichord,' which long remained very popular as chamber music; and in 1745 he began the publication of his miscellaneous songs and cantatas, which, under the name of 'Lyra Britannica,' ultimately extended to six volumes. The year 1749 saw Boyce at the height of his activity. On 2 Jan. the masque of 'Lethe' was revived at Drury Lane, with Beard as Mercury, for whom Boyce wrote new songs. On 1 July his setting of Mason's ode on the installation of the Duke of Newcastle as chancellor of the university of Cambridge was performed in the senate house, and on the following day an anthem by him, with orchestral accompaniments, was performed at Great St. Mary's as an exercise for the degree of Mus. Doc., which the university had conferred on him. On 2 Dec. 'The Chaplet,' an operetta by Moses Mendez, with music by Boyce, was produced at Drury Lane, the principal parts in which were filled by Beard, Mrs. Clive, and Master Mattocks, on which


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Rh better than wander over the country and look at weeds and blossoms. These are hard times, and real work is required of every man that is able. Picking up blossoms does n’t seem to be a man's work at all in any kind of times."

To this I replied, "You are a believer in the Bible, are you not?" "Oh, yes." "Well, you know Solomon was a strong-minded man, and he is generally believed to have been the very wisest man the world ever saw, and yet he considered it was worth while to study plants; not only to go and pick them up as I am doing, but to study them; and you know we are told that he wrote a book about plants, not only of the great cedars of Lebanon, but of little bits of things growing in the cracks of the walls.

"Therefore, you see that Solomon differed very much more from you than from me in this matter. I'll warrant you he had many a long ramble in the mountains of Judea, and had he


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Translation:Two Papers of Henri Poincaré on Mathematical Physics

Deux Mémoires de Henri Poincaré sur la Physique Mathématique