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 85 to 12, rejected the military budget. The ministry was saved by a mere accident—the expulsion of Danish agitators from North Schleswig by the German government, which evoked a passion of patriotic protest throughout Denmark, and united all parties, the war minister declaring in the Folketing, during the debate on the military budget (January 1899), that the armaments of Denmark were so far advanced that any great power must think twice before venturing to attack her. The chief event of the year 1899 was the great strike of 40,000 artisans, which cost Denmark 50,000,000 crowns, and brought about a reconstruction of the cabinet in order to bring in, as minister of the interior, Ludwig Ernest Bramsen, the great specialist in industrial matters, who succeeded (September 2-4) in bringing about an understanding between workmen and employers. The session 1900–1901 was remarkable for the further disintegration of the Conservative party still in office (the Sehested cabinet superseded the Hörring cabinet on the 27th of April 1900) and the almost total paralysis of parliament, caused by the interminable debates on the question of taxation reform. The crisis came in 1901. Deprived of nearly all its supporters in the Folketing, the Conservative ministry resigned, and King Christian was obliged to assent to the formation of a “cabinet of the Left” under Professor Deuntzer. Various reforms were carried, but the proposal to sell the Danish islands in the West Indies to the United States fell through. During these years the relations between Denmark and the German empire improved, and in the country itself the cause of social democracy made great progress. In January 1906 King Christian ended his long reign, and was succeeded by his son Frederick VIII. At the elections of 1906 the government lost its small absolute majority, but remained in power with support from the Moderates and Conservatives. It was severely shaken, however, when Herr A. Alberti, who had been minister of justice since 1901, and was admitted to be the strongest member of the cabinet, was openly accused of nepotism and abuse of the power of his position. These charges gathered weight until the minister was forced to resign in July 1908, and in September he was arrested on a charge of forgery in his capacity as director of the Zealand Peasants’ Savings Bank. The ministry, of which Herr Jens Christian Christensen was head, was compelled to resign in October. The effect of these revelations was profound not only politically, but also economically; the important export trade in Danish butter, especially, was adversely affected, as Herr Alberti had been interested in numerous dairy companies.

The present language of Denmark is derived directly from the same source as that of Sweden, and the parent of both is the old Scandinavian (see ). In Iceland this tongue, with some modifications, has remained in use, and until about 1100 it was the literary language of the whole of Scandinavia. The influence of Low German first, and High German afterwards, has had the effect of drawing modern Danish constantly farther from this early type. The difference began to show itself in the 12th century. R. K. Rask, and after him N. M. Petersen, have distinguished four periods in the development of the language, The first, which has been called Oldest Danish, dating from about 1100 and 1250, shows a slightly changed character, mainly depending on the system of inflections. In the second period, that of Old Danish, bringing us down to 1400, the change of the system of vowels begins to be settled, and masculine and feminine are mingled in a common gender. An indefinite article has been formed, and in the conjugation of the verb a great simplicity sets in. In the third period, 1400–1530, the influence of German upon the language is supreme, and culminates in the Reformation. The fourth period, from 1530 to about 1680, completes the work of development, and leaves the language as we at present find it.

The earliest work known to have been written in Denmark was a Latin biography of Knud the Saint, written by an English monk Ælnoth, who was attached to the church of St Alban in Odense where King Knud was murdered. Denmark produced several Latin writers of merit. Anders Sunesen (d. 1228) wrote a long poem in hexameters, Hexaëmeron, describing the creation. Under the auspices of Archbishop Absalon the monks of Sorö began to compile the annals of Denmark, and at the end of the 12th century Svend Aagesen, a cleric of Lund, compiled from Icelandic sources and oral tradition his Compendiosa historia regum Daniae. The great (q.v.) wrote his Historia Danica under the same patronage.

It was not till the 16th century that literature began to be generally practised in the vernacular in Denmark. The oldest laws which are still preserved date from the beginning of the 13th century, and many different collections are in existence. A single work detains us in the 13th century, a treatise on medicine by Henrik Harpestreng, who died in 1244. The first royal edict written in Danish is dated 1386; and the Act of Union at Kalmar, written in 1397, is the most important piece of the vernacular of the 14th century. Between 1300 and 1500, however, it is supposed that the Kjaempeviser, or Danish ballads, a large collection of about 500 epical and lyrical poems, were originally composed, and these form the most precious legacy of the Denmark of the middle ages, whether judged historically or poetically. We know nothing of the authors of these poems, which treat of the heroic adventures of the great warriors and lovely ladies of the chivalric age in strains of artless but often exquisite beauty. Some of the subjects are borrowed in altered form from the old mythology, while a few derive from Christian legend, and many deal with national history. The language in which we receive these ballads, however, is as late as the 16th or even the 17th century, but it is believed that they have become gradually modernized in the course of oral tradition. The first attempt to collect the ballads was made in 1591 by Anders Sörensen Vedel (1542–1616), who published 100 of them. Peder Syv printed 100 more in 1695. In 1812–1814 an elaborate collection in five volumes appeared at Christiania, edited by W. H. F. Abrahamson, R. Nyerup and K. M. Rahbek. Finally, Svend Grundtvig produced an exhaustive edition, Danmarks gamle Folkeviser (Copenhagen, 1853–1883, 5 vols.), which was supplemented (1891) by A. Olrik.

In 1490, the first printing press was set up at Copenhagen, by Gottfried of Gemen, who had brought it from Westphalia; and five years later the first Danish book was printed. This was the famous Rimkrönike ; a history of Denmark in rhymed Danish verse, attributed by its first editor to Niels (d. 1481); a monk of the monastery of Sorö. It extends to the death of Christian I., in 1481, which may be supposed to be approximately the date of the poem. In 1479 the university of Copenhagen had been founded. In 1506 the same Gottfried of Gemen published a famous collection of proverbs, attributed to Peder Laale. Mikkel, priest of St Alban’s Church in Odense, wrote three sacred poems, The Rose-Garland of Maiden Mary, The Creation and

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 The differences that exist between rich and poor, between good and bad prosecutions, between good and bad defence, between severe and lenient judges, between judges who favour capital punishment and those who do not, and the subjective attitudes that might be brought into play by factors such as race and class, may in similar ways affect any case that comes before the courts, and is almost certainly present to some degree in all court systems. Such factors can be mitigated, but not totally avoided, by allowing convicted persons to appeal to a higher court. Appeals are decided on the record of the case and on findings made by the trial court. If the evidence on record and the findings made have been influenced by these factors, there may be nothing that can be done about that on appeal. Imperfection inherent in criminal trials means that error cannot be excluded; it also means that persons similarly placed may not necessarily receive similar punishment. This needs to be acknowledged. What also needs to be acknowledged is that the possibility of error will be present in any system of justice and that there cannot be perfect equality as between accused persons in the conduct and outcome of criminal trials. We have to accept these differences in the ordinary criminal cases that come before the courts, even to the extent that some may go to gaol when others similarly placed may be acquitted or receive non-custodial sentences. But death is different, and the question is, whether this is acceptable when the difference is between life and death. Unjust imprisonment is a great wrong, but if it is discovered, the prisoner can be released and compensated; but the killing of an innocent person is irremediable.

In the United States, the Supreme Court has addressed itself primarily to the requirement of due process. Statutes have to be clear and discretion curtailed without ignoring the peculiar circumstances of each accused person. Verdicts are set aside if the defence has not been adequate, and persons sentenced to death are allowed wide rights of appeal and review. This attempt to ensure the utmost procedural fairness has itself led to problems. The most notorious is the "death row phenomenon" in which prisoners cling to life, exhausting every possible avenue of redress, and using every device to put off the date of execution, in the natural and understandable hope that there will be a reprieve from the Courts or the executive. It is common for prisoners in the United States to remain on death row for many years,

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title: Page:S v Makwanyane and Another.djvu/23


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User talk:95.171.139.119

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text: Author talk:Henry Addington Bayley Bruce


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Author:James Duane

Works

 * Resolution to Organize the Northwest Territory
 * Report on Indian Affairs (1783)

title: Author:James Duane


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Page:S v Makwanyane and Another.djvu/120

 {| GJ Marcus PHJ Van Vuuren NDB Orleyn-Sekete Legal Resources Center TP McNally SC JSM Henning SC HE Van Jaarsveld R Bhika RJ Chinner PP Stander AJ Van Rensburg AAL Neill PJ Wasserman L M Molopa GM Makhanya DI Berger
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 * CCT/3/94
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 * COUNSEL FOR APPLICANT
 * W Trengrove SC
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 * COUNSEL FOR AMICUS CURIAE—LAWYERS FOR HUMAN RIGHTS, CENTRE FOR APPLIED LEGAL STUDIES, AND THE SOCIETY FOR THE ABOLITION OF THE DEATH PENALTY IN SOUTH AFRICA
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 * INSTRUCTED BY
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 * E Zar SC
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 * E Zar SC
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text:
Author:Benjamin Hawkins

Works

 * Resolution to Organize the Northwest Territory
 * Report on Indian Affairs (1783)

title: Author:Benjamin Hawkins


text:
Author:Richard Peters

Works

 * Resolution to Organize the Northwest Territory
 * Report on Indian Affairs (1783)

title: Author:Richard Peters


text:
Author:Daniel Carroll

Works

 * Resolution to Organize the Northwest Territory
 * Report on Indian Affairs (1783)

title: Author:Daniel Carroll


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Page:Nature and Man.djvu/33

30 occurs in the trail of man. It is quite likely that the artificial conditions of sewage and garbage set up by man on the sea-coast are responsible for the prevalence of this parasite, and the weakly receptivity of the too-numerous sand-hoppers.

It is probable enough that, from time to time, under the influence of certain changes of climate and associated fauna and flora—due to meteoric or geologic movements—parasitic disease has for a time ravaged this or that species newly exposed to it; but the final result is one or other of the alternatives, extinction or adjustment, death or toleration. The disease does not establish itself as a scourge against which the diseased organism incessantly contends. It either obliterates its victim or settles down with it into relations of reciprocal toleration.

Man does not admit this alternative either, for himself or for the domesticated and cultivated organisms which he protects. He 'treats' disease, he staves off 'the adjustment by death,' and thus accumulates vast populations of unadjusted human beings, animals and plants, which from time to time are ravaged by disease—producing uncertainty and dismay in human society. Within the past few years the knowledge of the causes of disease has become so far advanced that it is a matter of practical certainty that, by the unstinted application of known methods of investigation and consequent controlling action, all epidemic disease could be abolished within a period so short as fifty years. It is merely a question of the employment of the means at our command. Where there is one man of first-rate intelligence employed in detecting the disease-producing parasites, their special conditions of

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Rh life and the way to bring them to an end, there should be a thousand. It should be as much the purpose of civilized governments to protect their citizens in this respect as it is to provide defence against human aggression. Yet it is the fact that this immensely important control of a great and constant danger and injury to mankind is left to the unorganized inquiries of a few enthusiasts. So little is this matter understood or appreciated, that those who are responsible for the welfare of States, with the rarest exceptions, do not even know that such protection is possible, and others again are so far from an intelligent view as to its importance, that they actually entertain the opinion that it would be a good thing were there more disease in order to get rid of the weakly surplus population!

Six weeks ago I was enabled to examine in the Pasteur Institute in Paris, the minute spiral thread which has just been discovered and shown to be the cause of the most terrible and widely spread of human diseases, destroying the health and strength of those whom it does not kill and damaging the lives of their children, so that it has been justly said that this malady and the use of alcohol as a beverage are together responsible for more than half the disease and early death of the mature population of Europe. For more than thirty years a few workers, here and there, have been searching for this parasite and the means of suppressing the awful curse of which it is the instrument. It would have been discovered many years ago had greater value been set on the inquiries which lead to such discoveries by those who direct the public expenditure of civilized States. And now the complete suppression of this dire enemy of humanity is as plain

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text: Author:Leland Lewis Duncan

title: Author:Leland Lewis Duncan


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Page:Nature and Man.djvu/35

32 and certain a piece of work to be at once accomplished as is the building of an ironclad. But it will not be done for many years because of the ignorance and unbelief of those who alone can act for the community in such matters. The discovery—the presentation to the eye and to exploring manipulation—of that well-nigh ultra-microscopic germ of death, seemed to me, as I gazed at its delicate shape, a thing of greater significance to mankind than the emendation of a Greek text or the determination of the exact degree of turpitude of the statesmen of a bygone age.

The knowledge of the causation of disease by bacterial and protozoic parasites is a thing which has come into existence, under our very eyes and hands, within the last fifty years. The parasite, and much of its nature and history, has been discovered in the case of splenic fever, leprosy, phthisis, diphtheria, typhoid fever, glanders, cholera, plague, lock-jaw, gangrene, septic poisoning (of wounds), puerperal fever, malaria, sleeping sickness, and some other diseases which are fatal to man. In some cases the knowledge obtained has led to a control of the attack or of the poisonous action of the parasite. Antiseptic surgery, by defeating the poisonous parasite, has saved not only thousands upon thousands of lives, but has removed an incalculable amount of pain. Control is slowly being obtained in regard to several others among these deadly microbes in various ways, most wonderful of which is the development, under man's control, of serums containing anti-toxins appropriate to each disease, which have to be injected into the blood as the means of either cure or protection. But why should we be content to wait long years, even centuries, for this control, when

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Rh we can have it in a few years? If more men and abler men were employed to study and experiment on this matter, we should soon make an end of all infectious disease. Is there any one, man or woman, who would not wish to contribute to the removal from human life of the suffering and uncertainty due to disease, the anguish and misery caused by premature death? Yet nothing is done by those who determine the expenditure of the revenues of great States towards dealing adequately with this matter9.

Whilst there is a certainty of Man's power to remove all disease from his life, a difficulty which he has already created for himself will be thereby increased. That difficulty is the increase of human population beyond the capacity of the earth's surface to provide food and the other necessities of life. By rebelling against Nature's method, Man has made himself the only animal which constantly increases in numbers. Whenever disease is controlled his increase will be still more rapid than at present. At the same time no attempt at present has been made by the more advanced communities of civilized men to prevent the multiplication of the weakly or of those liable to congenital disease. Already something like a panic on this subject has appeared in this country. Inquiries have been conducted by public authorities. But the only possible method of dealing with this matter, and in the first place of estimating its importance as immediate or remote, has not been applied. Man can only deal with this difficulty created by his own departure from Nature—to which he can never return—by thoroughly

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Rh of food. By means of the phrases 'enjoying a good appetite,' or 'a good trencherman,' or other such approving terms, civilized society still encourages the heavy feeder. The lower classes always consider a ravenous appetite to be an indication of strength and future prosperity in a child. Most healthy men, and even many women, in Western Europe attack their food and swallow it without sufficient mastication, and as though they did not hope to get another chance of feeding for a week or two to come. Medical men have never ventured to investigate seriously whether civilized man is doing best for his health in behaving like a savage about his food. It is their business to attend to the patient with a disordered digestion, but not to experiment upon the amount of food of various kinds which the modern man should swallow in order to avoid indigestion and yet supply his alimentary needs. No individual can possibly pay medical men to make these observations. It is the business of the state to do so, because such knowledge is not only needed by the private citizen, but is of enormous importance in the management of armies and navies, in the victualling of hospitals, asylums, and prisons. Thousands of tons of preserved meat have been wasted in recent wars because the reckless and ignorant persons who purchased the preserved meat to feed soldiers had never taken the trouble to ascertain whether preserved meat can be eaten by a body of men as a regular and chief article of diet. It appears that certain methods of preserving meat render it innutritious and impossible as a diet.

It is probable from recent experiment that we all, except those unfortunate few who do not get enough, eat about twice as much as we require, and that the superfluous quantity swallowed not only is wasted, but is actually a cause of serious illness and suffering. It surely is an urgent matter that these questions about food should be thoroughly investigated and settled. In the opinion of the most eminent physiologist of the United States (Professor Bowditch), we shall never establish a rational and healthy mode of feeding ourselves until we give up the barbarous but to some persons

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60 pleasant custom of converting the meal into a social function; we are thus tempted into excess. Only long and extensive experiment can provide us with definite and conclusive information on this matter, which is far more important than, at first sight, it seems to be. And similarly with regard to the admittedly serious question of alcohol—only very extensive and authoritative experiment will suffice to show mankind whether it is a wise and healthy thing to take it in small quantities, the exact limits of which must be stated, or to reject it altogether.

NOTE 10 (p. 44).

It is, perhaps, needful to point out that what is aimed at is that the education of all the youth of the country, both of pass-men and of class-men, of girls as well as of boys, of the rich as well as of the poor, should be primarily directed to imparting an acquaintance with what we already possess in respect of knowledge of Nature, and the training of the pupil so as to enable him or her (a) to make use of that knowledge, and (b) to take part in gaining new knowledge of Nature, at this moment needed but non-existent. This does not involve the complete exclusion of other subjects of instruction, to which about one-third of the time and effort of school and college life might be devoted.

NOTE 11 (p. 52).

The practical steps which would correspond to the views enunciated in this discourse are two. First, the formation of an educational association to establish one or more schools and colleges in which nature-knowledge and training in nature-searching should be the chief matters to which attention would be given, whilst reasonable methods would also be employed for implanting in the minds of the students a love and understanding of literature and other forms of art. Those who desired such an education for their children would support these schools and colleges, just as in the days of Anglican exclusiveness the Nonconformists and

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Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/525

 FOLK-LORE IN WILLS.

.

HOSE members of this Society who may have occasion to consult the wills at Somerset House or in the various District Probate Registries will doubtless have observed how full of local allusion many of these documents are; not only bequests to every saint's light in the church, but sometimes each field the testator owned is duly bequeathed by name. I take this opportunity of suggesting that, when opportunity offers, special note should be made of any reference to local customs. The harvest will not be a very full one, but such notes, when they do occur, will always be of interest, and may be of considerable value in tracing the continuity of a custom in a given district. I have lately been paying some attention to the wills of persons formerly resident in West Kent, and proved in the Consistory Court of Rochester, the records of which begin in 1440. The earlier wills are, of course, in Latin, but about 1480 English is more general, and the wills are not always in a stiff, legal mold, but frequently bear evidence of having been set down from the actual words used by the testators.

From them I have noted the following bequests for the keeping up of Ales:—

Stephen Jacobe, of St. Wereburge in Hoo, in his will, dated 18th August 1480 [Book III, fo. 265], says:

"Also I will that myne heirs shall haue v yerdis of land lieing in longefeld and v yerdis of land in pettefild upon this condicon folowyng that thes shall make or doo make yerly a yefale on Trinite Eve and on the Trinite Sondaye and beryng chargis yerly V buschell of wethe and 1 seue of malt and xijd. in chese too


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Rh, in Victoria, and a similar establishment in New Zealand, and we will find a ready solution to that present problem, "What shall we do with our blacks?"—Yours, &c., Millungera, May 29. —Queenslander, June 26, 1880.

,—Your Lower Herbert correspondent of the 15th ultimo evidently writes with a desire to contradict the truth when he states that he has been a resident on the river for many years, and never heard of a black gin having been shot or burnt in the district. I will not trespass on your columns by going into details; but with your permission will inform your correspondent that a few years ago a sub-inspector of Native Police was dismissed from the service for the shooting and burning of a gin named Kassey, on Mr. Cudmore's selection, near the public road, Lower Herbert—not the Herbert River out west. A few days after this outrage occurred the Premier of this colony visited the Lower Herbert, and the matter was brought before that hon. gentleman's notice. I could mention other cases of this kind if you correspondent is not satisfied with the above.—Yours, &c., Ingham, Lower Herbert, June 11. —Queenslander, June 26, 1880.

,—Certain articles in your paper, "How we Civilise the Blacks," have attracted my attention, and I regret to say that to my knowledge many of the incidents therein recounted are facts, I having heard them from eye-witnesses or the actors; but it is fair to state that most of them happened years ago, though there is reason to fear much the same kind of thing is going on still in the far North and West.

Having lived in Northern Queensland since 1862, and in this neighborhood since '64, my personal experience may be worth something, though this letter may in consequence appear egotistical. I have employed and do employ numbers of the aboriginals; for eight years they have done all my sheep-washing, and I always have a few working on the place. At shearing time, with the washpool, I employ about thirty shepherding, &c., &c., and I find they do the work as well as any other men. As a rule I never engage them for more than "two moons," and discharge them whether they like it or not at the end of their time—for a spell. The mind of a "nigger" is so fickle that he can scarcely help bolting if kept long at one employment—caused no doubt by the wandering instinct inherited from their ancestors, who have followed a roving life from time immemorial and which it would take many generations to eradicate thoroughly.

Until 1868 the Native Police used to visit this station constantly. The result was—shepherds killed, and sheep, cattle, and other property destroyed to the value of £200 a year. At my request, in that year the Native Police promised to visit me as little as possible, and not interfere with my blacks (which promise has been kept by the various gentlemen in command in the district since); with the result that I was able to explain to the niggers that if they kept away from the cattle camps and did not molest the shepherds they might hunt and camp all over the run. The first year of the new régime the damage to property did not exceed £60, and per contra they saved £50 in wages, and since that have done on an average £10 worth of damage per annum, against £100 saved in wages through their labor. The blacks since they have become friendly tell me that in the old days of "reprisals," carried out in the usual manner—i.e., shooting the men and destroying their nets, water-bags, and implements—we used to starve numbers of the old men, women, and children to death; for, being hunted into the desert (spinifex country), they had neither means of carrying water nor of catching game (the former article is very scarce), and of course the weaker members of the tribe felt it most.

I do not pretend that a display of force has not been necessary a times, or that the natives are the harmless animals some people would have us believe; but, as I knew the blacks personally, I was able to discover who committed any offence, and in most cases get him or them given up to me, whereby indiscriminate punishment was avoided. The tribe to whom this part of the country actually belongs, being obliged to return home sooner or later, are only too glad to act as police and give up offenders in their own tribe, or track "raiders" belonging to strange tribes. The Native Police should certainly be abolished, and white police with armed black

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 514 distribut at my place in the worship of the Trinite, and on euery Trinite Sondaye yerly myne heris to offer j masse peny in the worship of the Trinite. And in case be that myne heirs refuse to make that said yefale and the chargis aforsaid then the for said yefale is to be sold by my feffors and with the money therof resceyvid be disposid to the reparacon of the Trinite Yle by the discrecon of my feffors."

They were apparently rich in Yevales, or Giveales, in Hoo, for in 1528 Thomas Bedell has the following bequest in his will [Book VIII, fo. 193b]:

Katherine Tutor of Stoke, widow, in 1491 [Book V, fo. 176b], left "a quarter of whete and a quarter of malt to make wt an ale."

In the will of Thomasyn Sheby, wydow, of East Grenewych, dated 1506 [Book vi, fo. 191b], is the following bequest:

"I bequeth to the church of Seynt Alphe a standyng cuppe, syluer and gylte wt a keueryng, weyyng xxiiij oncs, vnder this condicion that euery bryde that shalbe mareid in the church of Seynt


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 Rh Alphe a forseyde shal haue the seyde cuppe to be boryn a fore them att the manage yff they come to the church wardens and dezier itt."

I should be glad to know whether any other such bequests are on record, and also what special significance the bearing of a cup before the bride could have had.

One of the ancient revenues of the king was the lathe-silver, collected by lathes from each hundred of the county, the lathe for this purpose being sometimes farmed out by the sheriff. Its origin has, I believe, not been settled, and although it was a very small burden, it was—like most other taxes—considered a grievance. John Passey of Eltham, in his will, dated 5th July 1509 [Book VI, fo. 252b], consequently thought to do his friends a good turn, and so bequeaths

This lathe-silver has ceased to be paid in Kent for about a century.

In the will of William Colt of Sent Warborugh, Hoo, dated 1516 [Book VII, fo. 83a], is a bequest for distributing cakes. He desires that

It was, I conclude, some such bequest as this which led


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 say they have put one small ball in the air;” and, he added, “at this moment you [don’t] have to fear the intelligence aspects of this.” By tying the US space program to his freedom of space policy, Eisenhower had hoped to impress upon the world the peaceful intent of the US. However, whatever propaganda advantage the United States had gained by such peaceful remonstrations was overshadowed when the USSR was “first in space.” Interestingly, the launch of Sputnik, while sharpening the focus of the heretofore essentially academic discussion of sovereignty in outer space, did not result in any immediate international convention. Additionally, the Soviets reversed their position of asserting sovereignty over outer space above their territory. When confronted with their apparent reversal, the Soviets adopted temporarily the rather specious position (clearly contrary to the laws of physics and astronautics) that it had not violated any other nation’s sovereignty since Sputnik had not flown over any nation’s territory but instead the territories had passed under Sputnik. Eisenhower’s hidden stalking-horse agenda of obtaining free passage in space for intelligence gathering devices had been achieved. The US was not alone in failing to object to Sputnik’s overflight of its territory. No other country objected to the overflight of their territory either, thus establishing the first custom in outer space law, that is, the free flight of objects in outer space. The USSR, in its exuberance over its successful satellite launches, made no distinction between scientific and intelligence-gathering devices (nor did any other country). When countries failed to object to subsequent satellite overflights, the custom became firmly established. Because of Sputnik I, ICAO President Walter Binaghi wrote to Nelson B. David, the US representative on the ICAO Council, inquiring whether it was time to finally consider the issue of outer space sovereignty. He also inquired as to the ICAO’s appropriateness as the vehicle to do so. Binaghi’s inquiry was referred to the ACC by David. Robert Kinsey, secretary of the ACC Legal Division, informed the members of the division of Binaghi’s letter and set the matter for consideration at the next meeting. On 8 November 1957, the ACC’s Legal Division, with the Air Force concurring, approved a position in response to Binaghi’s inquiry. Before forwarding this response, the division reviewed the earlier US


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 516 to the celebrated cakes at Biddenden, in this same county, on Easter Sunday. I have only found one reference to fairs, viz., in the will of John Wadman of Milton next Gravesend, dated 2nd March 1549 [Book XI, fo. 51b]. He leaves to Johan his daughter

Gravesend Fair is (according to Whitaker) now held on 24th October, whereas the Feast of the Translation of Saint Edward is 13th October.

Edward Nevyll, in 1514 [Book Vll, fo. 29a] had left a banner with Our Lady on one side and St. Edward on the other, to the church of Gravesend, but I cannot find any other connection of that Saint with the town. The parish church was, in mediæval times, dedicated to St. Mary, and there was a chapel in the town dedicated to St. George, which is now the parish church.

We now come to the will of Roger Leche of Eltham, dated 14th June 1517 [Book vii, 87b], which contains perhaps the most interesting of any of these bequests:

Eltham Church is dedicated to St. John Baptist, and 24th June was doubtless observed with full honours by the good folk of that parish, who would not have forgotten the "bonefyre"; but there was apparently another lighted on "Seint Thomas nyght", i.e., 7th July. Do any other instances of this occur?

Besides the ordinary Church seasons I have not found many references to days by local names. Robert Dan of Brenchley, in 1511, says: "Item lego pro torche at hok


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 opposition to the inclusion of the sovereignty issue in the ICAO’s work program. The Air Force, represented by Daggett Howard, associate general counsel for international civil aviation affairs, and the Army argued that the main US interest in space was military. Howard, who later would become the first general counsel for the Federal Aviation Administration, indicated that it was problematic to have the ICAO undertake discussion of the sovereignty issue when the USSR-the only state to have launched a satellite-was not a member of the body. The division approved a letter to David stating:  The United States believes that considerably more technical development and experience are needed before any international action on the problem you have raised should be undertaken. Rules and regulations or theories relating to international principles applicable to outer space evolved  in this early stage could do little to further the work. They might put unnecessary and undesirable obstacles in its path. The division noted that, given that the predominant interest in outer space was not civil aviation, the ICAO was not the appropriate vehicle to undertake resolution of the sovereignty issue. The Legal Division stated that “it is too early to predict what methods for dealing with this problem may prove to be desirable.” Binaghi later advised David that he had sent the same letter to the United Kingdom (which never responded), France (which desired ICAO discussion), and Canada (which supported the US position but felt the United Nations was the appropriate vehicle). While noting that other countries desired an ICAO discussion of the sovereignty issue, Binaghi indicated an understanding of the US position and agreed to delay any further discussion of the subject until the ICAO’s next session. Subsequently, in a letter to Henry T. Snowden, chief, Aviation Division, Department of State, David agreed that there was little practicality in the ICAO studying the space problems at this time, but pointed out that the United States could not “count on keeping ICAO’s head in the sand on this issue. A more realistic attitude would be to prepare for ICAO consideration of the subject and to develop a positive approach as to how we want to have this done.” Later the ICAO discussed the subject of outer space and agreed that it had authority to


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Rh trackers be substituted (i.e., if the country can afford the expense); but, above all, the officers should be middle-aged men, who know something of the manners and customs of the natives; and the different officers should be kept in the same districts as long as possible, and encouraged to become acquainted with the peculiar habits and languages of the tribes therein residing; otherwise this force will become just as inefficient as the present one, and will only be able to make useless, because in many cases mistaken, reprisals.

The Native Police officers do their duty, as a rule, to the best of their ability, but under the existing system it is impossible for them to do anything more than they do at present. A young man is appointed to command a detachment of N.P. who knows nothing whatever about the aboriginals, and finding that his men are a lot of unruly turbulent savages, always ready to bolt, and only to be kept to their duty by the excitement of bloodshed, and that the traditions of "the force" are—study nothing of the native character or habits, but if sent for "disperse" the first camp you find near the scene of a felony, he naturally follows the usual course. There are certainly, a few thoughtful men in "the force" who endeavour to act in a different manner, but their individual efforts are vain under such a system.

Much has been written about reserves, but no one has yet suggested that the said reserves should be pastoral instead of agricultural. If, say, 500 square miles were reserved in each district, and stocked with sheep or cattle, it could be worked by niggers, and would be self-supporting immediately. The superintendent might be a police officer as well. He should encourage the blacks to camp on the reserve as much as possible; give them work when they wanted it; learn to know all the blacks in the district personally; supervise all agreements made between whites and aborigines; and see that the blacks are protected as well as the whites—particularly in their contracts; and also be empowered by law to administer corporal punishment in a summary manner, as in all dealings with the lower races flogging appears to be as necessary at times as with children; in fact, their minds not being developed as in civilised man, they are much the same, in feeling and ideas, as children. It is not surprising that agricultural reserves have been a failure—that they have been so hitherto is, I think, an acknowledged fact—as nature evidently intended man to pass through two stages before he arrived at the agricultural "house dweller." The Navajo Indian of New Mexico is just entering the pastoral stage, the Kaffir of South Africa is just emerging from it; and all attempts hitherto to force a race of men to jump from hunters to agriculturists have been a failure. the Tasmanian Government placed their aborigines on an island, and they fretted themselves to death, though rations and every necessary were provided. The U.S Government has for the last hundred years been placing the Indians who "came in" on agricultural reserves, with the result that (except a few Choctaws and Cherokees, who have become useful citizens) in a very few years the tribes have become extinct. Perhaps pastoral reserves should not be a success, but as we would be following Nature's teaching more closely tan in any other way, we should have a better chance of success. Almost anything would be better than the present system, which is a disgrace to civilisation. If we failed we should be no worse off than at present, and should have at least the merit of having done our best. Unless some measures are quickly taken, the Aboriginal Question will solve itself. Ten years ago the tribe I am best acquainted with could muster 130 fighting men; now it could not muster more than 40 at most, and few children are growing up. Measles in '65 and the vices of civilisation since have caused this rapid decrease. Yours &c., Cape River, June 12.

—Queenslander, July 10, 1880.

,—So much correspondence has appeared in your paper with reference to the aborigines of Queensland that it is with considerable diffidence I add to the bulk of it; but from the year 1863 to the present time having been familiar with the settlement of a large portion of Northern Queensland, extending from the Burdekin River to the western waters, I feel that a few remarks from me may not be out of place at this time. Without particularising the various letters and articles which have appeared in your paper—to none of which letters, however, have the names of the writers been attached, so that it is impossible for the uninitiated to judge of the amount of experience they bring to bear upon the question—it will be sufficient to

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 Rh tyme xijd." Hock Monday was the second Monday after Easter, and certain dues were then paid to the church-wardens, as appears by the Accounts of St. Dunstan's, Canterbury, printed in Archæologia Cantiana; but whether the torch was for use in church, or at some revel, is not certain.

Richard Longeman of Halstow, in his will, dated 1493 [Book V, fo. 224a], mentions Shere Thursday. The will is curious as showing the custom of proclaiming, or posting up, secular matters in church:

Into the religious side of all the above (and they all had a religious significance in the minds of the testators) I do not wish to enter, but I should like to direct the attention of members to the field that is open to them, especially in the District Probate Registries, which contain for the most part the wills of yeomen, small farmers, and persons of the labouring classes, and therefore all the more likely to refer to such matters as I have brought before you.

.


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 conduct studies of the subject matter. However, the ICAO took no formal action. In January 1958 the ACC Legal Division met with David to consider past and future ICAO discussions regarding outer space. David enumerated the reasons why he expected the ICAO to reverse direction and eventually take up the issue. During the meeting, the Air Force was the most vociferous opponent of any shift in the US position. Howard again forcefully represented the Air Force point of view that efforts to develop outer space law should not be adopted before any actual operations that such laws would be intended to govern had begun. Hereiterated that the main issues regarding outer space involved “national defense and military type questions.” Howard asserted that the ICAO was an inappropriate vehicle for discussing the issue since the Soviets were not members of the ICAO. He argued that it would be dangerous for the free world to adopt restrictionson its own space activities without the Eastern bloc’s participation. Since


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 the Soviet bloc had yet to agree on issues impacting airspace, Howard maintained that there was no need to do for outer space what had yet to be done for airspace. Nonetheless, he argued that the ICAO could not held at bay indefinitely. He argued that from a negotiating standpoint, it was stronger to take a firm negative position rather than open the door slightly to discussions, which when once begun, likely could not be contained. David indicated agreement with the Air Force position but noted that the arguments given by the Air Force had not persuaded other ICAO council members. Finally, Howard argued that President Eisenhower’s pronouncement that the UN and not the ICAO should consider the issues surrounding the use of outer space could serve to delay ICAO action on the issue. David agreed that if the issue could be more firmly planted at the UN, the ICAO could be easily dissuaded, and he acknowledged that he understood that the ACC Legal Division essentially sided with the Air Force position. The Legal Division then directed that the State Department, with assistance from the Air Force, prepare a new set of instructions. The instructions would be used by embassies in ICAO Council countries to support the US position of avoiding ICAO discussion of outer space law. Even though the Air Force had succeeded in keeping outer space law questions off the ICAO agenda and in general had effectively stalled any resolution of outer space law issues, by mid-1958 “the magnitude and variety of these [space law] studies moved several well-known American jurists to remark that the law of space, instead of lagging behind the astronauts as some lawyers fear, is threatening to outfly the attraction of the earth’s gravity.” State Department officials realized that some guidance was needed for its delegation at the UN. At this time, State Department legal adviser Loftus Becker proposed a presidential proclamation recognizing that reconnaissance satellites were in accord with international law so long as they did not interfere with terrestrial activity. Hancock expressed his concerns about this wording directly to Becker. Hancock indicated no problem with “snoopniks,” but he did question whether the breadth of the proclamation might preclude US objections to future satellites interfering with communication transmissions or weather operations. Hancock asked that Becker confine the proposed proclamation to projects that were part of the IGY. Hancock reasoned that, by following his advice, the US could still contribute to establishing the thrust of the proclamation as a principle of international


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 law without being bound by a premature, unqualified proposition whose consequences were unforeseeable. Hancock did not oppose banning satellites designed for “weapons purposes” as long as the language clearly prohibited any satellites that interfered with any terrestrial activity. Hancock was not alone in the Air Force in expressing reservations about Becker’s proposed proclamation. However, it is not clear that the concerns of the Air Doctrine Branch, which were raised with the director of plans, were made known outside the Air Force. In response to Becker’s 3 December draft memorandum for the secretary of state, the DOD assistant general counsel for international affairs, Monroe Leigh, wrote to Becker. Leigh stated that “the proposed proclamation is not as guarded as it should be in order to  take care of the interests of various Department of Defense programs.”  Leigh felt that language excluding objects or vehicles “designed or equipped for weapons purposes” should be revised to prohibit vehicles “intended to inflict injury or damage.” Since the US satellite programs were in large part funded by the military, Leigh noted that without his revision Becker’s language would create “an almost irrebuttable presumption” that the projects were being carried out for “weapons purposes.” Leigh opposed using the law of the high seas as an analogy for developing the law  of outer space. Becker included Hancock’s IGY proposal and removed the “designed for weapons purposes” language from the draft proclamation. Ironically, just before the US issued the proclamation, East Germany protested the orbiting of US military reconnaissance satellites that were not IGY affiliated. The proclamation was never issued. The Air Force position and now the US position as established by the ACC and its Legal Division-that ICAO consideration of outer space was premature-remained constant throughout 1958. Eventually, the forum for discussion of outer space issues shifted from the ICAO to the UN. As a result, and in large part due to strong Air Force urging, the United States had successfully deflected ICAO discussion of the sovereignty issue. As early as 1959, the UN first considered and identified the question of the definition of outer space as a legal problem. In 1959, in accord with US policy, the (COPUOS) concluded that a determination of precise limits for


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Rh Humanity but sorrows for her own;

The Autocrat she mourns not, but the man,

Who, loving Russia, lived beneath her ban,

Powerless to soften fate or change the plan

That called him all unwilling to a throne,

Hereditary evils to atone.

She mourns not Cæsar, but the pathos old

Of a quick conscience driven to uphold

A dynasty the world had long outgrown.


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Rh I took his icy hand in mine,—

Why swifter throbbed each vein?

Was it the impulse of my blood

To ease his frozen pain?—

Yet still his lips refused to smile,

Still fell his tears like rain.

Bashful he seemed, as half inclined

To shiver there apart:

I led him closer to the fire,

I drew him to my heart:

Ah, cruel Love! my trustful breast

He wounded with a dart!

Ah, cruel Love! He smiled at last—

A wondrous smile to see!

And passing from my sheltering door,

With step alert and free,

He took my warmth, my joy with him,—

His tears he left to me!


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Rh All beauteous in the blossom-time of youth,

Ere yet a cloud your radiance could dim,—

You knew him for God's messenger, in truth,

And like an angel, went away with him.


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68 But now a labyrinth I wind,

And needing more thy hand to find,

Grope, darkling, Lord!—for I am blind!

Ah, bridge for me the awful vast,

That I may find Thee at the last!—

Then draw me close, and hold me fast!


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70 That I trembled. From this moment,

Nothing fear I more!

For whatever perils come,

Nothing henceforth can divide us;

Neither follies nor ambitions—

Neither joys nor tears:

Never can you go so far

That my love shall fail to find you;

Seeking ever to deserve you,

Upward striving still;

And though seas should lie between,

I shall feel that you are near me:

In the twilight and night-season

I shall hear your voice.


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72 And Mary's forehead, to our sight,

Wears ever something of its light;

And still the heart—poor pensioner!

In its affliction turns to her—

Best loved of all, best understood,

The type of selfless motherhood!


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 airspace and outer space was not a problem requiring priority attention. As recently as 1985, the UN (with the ICAO monitoring the progress) again unsuccessfully attempted to define outer space. The issue still remains on the agenda of the Legal Subcommittee of the UN Committee on Peaceful Uses of Outer Space. To date the UN has not defined outer space nor resolved the concomitant sovereignty issue. Given that the delimitation issue is inextricably tied to the sovereignty issue, as long as the continues under discussion, the delimitation issue will remain a hot topic. Project RAND: Supporting the Air Force Position Sputniks I and II caused a change in the “discussion of the character of space law and affected the quantity but not the quality of legal writing”; the emphasis of space law discussions “shifted toward a more realistic approach.” Apparently Leon Lipson, when making this statement, was not aware of the ongoing discussions being held at the ACC and within the National Security Council (NSC). Contrary to Lipson’s October 1959 assertion, US policy making at the ACC and NSC with respect to outer space law was indeed realistic during the 1950s. Due in part to Sputnik and the growing pressure on the ICAO to address the issue of outer space law, the Air Force recognized that it needed an in-depth analysis of these issues. The Air Force understood the need for this study even though it had been instrumental in successfully delaying the ICAO’s consideration of a convention on outer space law. In 1957, at the request of the Air Staff, Project RAND published preliminary findings and recommendations in an interim report entitled “Some Implications for US National Security of Activities in Outer Space.” The premise of the RAND study was that the US “would soon have to take a position publicly on questions of sovereignty and associated legal rights and privileges in regard to the use of outer space by nations.” The conclusion and recommendations of Project RAND were  Considerations of international  law as such ought not now to occupy a major place in the determination of US policies affecting activities by nations in outer space. Existing legal rules do not necessarily require or forbid any specific activities of the type that we are likely to contemplate in outer space; the law of outer space has still to be evolved; the United States should


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Rh that a certain number of these condemn the treatment that the blacks received from the Native Police; others record horrible stories of atrocities alleged to have been committed by white men against the blacks; others maintain that although from time to time a few white men have been guilty of great barbarities in their dealings with the blacks, still on the whole their conduct has been only such as has been necessitated by the fact of the former occupying the country of he latter and that consequently neither they nor the Native Police are to blame in for matter, but that the operations of the police have on the whole been conducted with as little severity and irregularity as was compatible with a due performance of their duty in protecting the flocks, herds, and lives of settlers and miners in their various districts. It appears to me that, with reference to the atrocities related as having been committed white men, many old stories of bygone days have been raked up, some from mere hearsay, and have nothing to do with what is going on at the present time. And if by any chance the interest taken in the colonies should be sufficient to cause these things to be copied in the home papers, the readers of such stories could not fail to entertain ideas very much to the prejudice of Queenslanders. It seems to me that we have to do with things as they are at the present time, and not with with what has passed and is beyond remedy. The matter appears to have started with the question—Are the Native Police s at present organised suited for the proper performance of their work, or is some alteration necessary? But, because we may have had amongst us men who have been guilty of cruelty towards the blacks in bygone days, I fail to see how the raking up of such atrocities, which no possible surveillance could have checked, can assist in answering the question. At the present time, with the exception of the goldfields above the 19th parallel of latitude, and about the Gulf of Carpentaria, the blacks are not molesting either settlers or their stock to any serious extent. The Native Police have in consequence been withdrawn from many stations they formerly occupied, and where their presence was so needed a few years ago; bush townships have sprung up in the centres of districts where blacks were troublesome, around which they now congregate, instead of running about spearing cattle; so that if atrocities are committed by the whites it is only in certain limited districts, that they would pass unnoticed. A good deal has been said bout the indiscriminate punishment of tribe of blacks, but those who find fault in this way evidently do not realise how difficult it is to find out the real culprits amongst a tribe of myall blacks, who after committing depredations generally take refuge in mountainous or scrubby country. It is true that sometimes they may be rounded up, but far oftener has it happened that they have broken before the police could surround them, and moreover the bailing up of mob of blacks has not always been found the simple and safe operation which some people seem to imagine. I have known personally or by reputation many police officers, and, although there may be black sheep in every flock, I do no believe that as a class they can be justly accused of having exercised unnecessary severity in punishing the blacks. Nine out of ten of those who like myself have suffered continually from their depredations in former years will bear me out in saying that, generally, any attempt to fix the blame on any particular members of a tribe, when all had more or less a hand in the depredation, would have been simply unsuccessful. The assertion that the Native Police shoot men, gins, and children promiscuously, probably is made in ignorance, as it is well known that on no account will native troopers intentionally fire on any but the men. With regard to the proposal that a force of white police could effectively take the place of the black troopers, I believe no body of white men could in practice be got to work with sufficient efficiency to be of practical use; and the following up of a retreating tribe of blacks under a blazing summer sun—often through waterless country—would be a strain which only men well inured to the work by constant practice could go through—and even then considerable portion of black trackers would be required. What is really necessary is that care should be taken in the selection of officers for the Native Police, and that, instead of men who have sometimes been appointed to the command of detachments without any ascertained qualification for the appointment, those only shall be placed in command in whose temper, judgment, and ability reliance can be placed. In conclusion, I say that any attempt to ameliorate the condition of the blacks—beyond supplying blankets, which is very insufficiently done—appears to me quite hopeless. We cannot prevent their coming in contact with a white population, by whom they become demoralised, and whose worst points they imitate. Unlike most races in the world they appear never to have advanced in civilisation one jot; as soon as they come in contact with Europeans they lose the good qualities they may possess a savages, and pick up the worst in those with whom they come in contact. Experience always teaches that a race which cannot

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76 The silvery fillet that clasps and caresses

The wonder and wealth of her shadowy tresses,—

A face through the pleachèd blooms stealthily peers,

And we know it is Pan by his furry ears:

A face through the pleachèd blooms stealthily peers,

Makes mouths to affright us, then mocks at our fears,

And we know it is Pan, we know it is Pan,

We know it is Pan by his furry ears!

When, shunning the shafts of Apollo at noon,

To the kindly green coverts we thankfully creep,

Athirst for fresh runnels, and ready to swoon,—

Oft, sudden we come to one fallen asleep:

Fallen asleep mid the tangle and grasses

That trip up the confident clown as he passes,

And fearful we peep at the form supine,

For we know it is Pan, though he makes no sign.

And fearful we peep at the form supine,

With the hoofs of a goat and the brow divine,

For we know it is Pan, we know it is Pan,

We know it is Pan, though he makes no sign!


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 determine what space policies and activities are desirable on other grounds before asking whether they violate old legal rules or require new ones. Political and psychological measures should be prepared for the contingency of continued Soviet successes in space. Efforts should be made to offset Russia’s claims that it stands only for peace while the US wants war. The disclosure of news about space activities by the US can be planned to restore confidence abroad in US statements and to further US policy objectives. To achieve the most favorable political and psychological effects from US activities in space and effectively to frustrate Soviet objectives requires planning and coordination at the highest levels of government. The RAND report further noted that the initial questions posed concerned “space law,” “sovereignty,” and associated questions of international law. RAND’s conclusions were similar to what the Air Force had been articulating at the ACC, namely, that “the legal approach to developing national policies on space matters is not the only, or even the principal, relevant approach.” RAND observed that the most important conclusion was that “considerations of international law as such ought not now to occupy a major place in the determination of US policies affecting activities by nations in outer space.” The study suggested that the United States determine what space activities or policies were desired on other grounds before asking if the activities or policies violated old legal rules or required new ones. Finally, the Project RAND report asserted that at the time Sputnik was launched, activities in outer space were not covered by existing international law. Subsequent to the RAND report, Assistant Secretary of Defense for International Security Affairs Mansfield D. Sprague circulated an outline entitled “Some Elements Requiring Consideration in Formulating a National Policy on Outer Space.” Its basic thrust was consistent with the RAND study, stating that “there is a real danger that we may harm ourselves by too early commitments, before the full implications of space


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Rh When the shepherds are gone from the sunset hills,

When evening is mildest in dingle and dale,

Through the hush comes a sound that enraptures and thrills,

Light wafted along on the tremulous gale:

So passionate-sweet, so wildly out-welling,

That Ladon hears it with bosom swelling.

We listen and sigh,—sigh and listen again,

For we know it is Pan by that melting strain!

We listen and sigh,—sigh and listen again,

While the lithe reeds quiver as if in pain,—

For we know it is Pan, we know it is Pan,

We know it is Pan by that melting strain!


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 potentials are known. Our policy and national interest should be permitted to develop first: the law, and commitments should follow, and be consonant with the former.” However, the outline did note that with respect to the principle of freedom of space that “we must evolve a workable theory of international law” on this problem. Whether space law should be codified remained an issue. In May 1958, during testimony before the Senate Special Committee on Space and Astronautics, Department of State legal adviser Loftus Becker, echoing what the Air Force had first advised, reiterated US policy.  It has been felt that the soundest way to progress in the extremely complex field of the law is by means of specific decisions on specific questions presented by specific fact situation …Moreover, there are very great risks in attempting to transmute a body of law based upon one determined set of facts into a body of law with respect to which the basic facts have not been determined. Accordingly, Becker indicated the State Department was “inclined to view with great reserve” codification of outer space law. In March 1958, Air Force chief of staff Gen Thomas D. White publicly opposed the setting of any boundaries between air and outer space. General White articulated an air-space continuum (aerospace) doctrine that “it should be recognized that there is no division, per se, between the two. For all practical purposes air and space merge, forming a continuous and indivisible field of operations.” Also in the spring of 1958, the assistant deputy chief of staff for plans and programs directed that the Air Doctrine Branch complete a second sovereignty study for Air Force “eyes only,” regarding the feasibility of international law for space and its effects on military space programs. The Air Doctrine Branch, Air Policy Division, Directorate of Plans, DCS for Plans and Programs, circulated the study to the Air Staff on 22 August 1958. The study-prepared with the advice and assistance of all interested headquarters agencies, the Air University (AU), and RAND-was circulated among Headquarters USAF offices in October. Given that an earlier published AU study was “divergent” from the opinions of the Air Staff, the Air Doctrine Branch recommended any further studies incorporating the opinions of both be held in abeyance pending completion of the RAND study, which had


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Rh progress in civilisation must go backwards and die out; and any proposition therefore for raising the condition of the blacks, or making them of permanent use appears to me simply utopian. Hughenden, June 30. —Qeenslander, July 10 1880.

,—Some weeks since I sent you a letter on the above subject. Living so far inland, I am not yet aware if my letter has been published or not. Assuming, however, that it has, I will ask you to allow me space for a few further remarks. Since sending the letter referred to I have read a good deal in the Queenslander on the same question, which has set me wondering how it is that in the colonies, where the art of—well—say "romancing" is cultivated to such an extent as to give rise to the necessity of a new proverb—"Believe nothing that you hear, and only half what you see"—how it is that town people continue to place such child-like faith in bush stories? At the present moment I believe there is an expensive party being fitted out in Sydney to go to look for half-caste children, toothless roan ponies, and other curious things in the west of Queensland, while the very country in which these wonders are said to exist has been occupied by cattle nearly three years, during which time it has been constantly ridden over by stockmen and patrolled by the Native Police. And in newspapers nearer home I have read of blacks being found in the same locality in a state of semi-civilisation, living in good houses, &c. Stories of this sort have always followed the taking up of new country, and always will do so as surely as the day follows night. Yet they are still published from time to tine by too-confiding editors, who get them on what they consider no doubt reliable authority. The "new country" theme has always been a fovorite one with the bush "blower," presenting as it does such an extent and variety of play for his fancy without risk of contradiction. But the subject which has the greatest fascination of all for the romancer is the Native Police. In the first place the public is always partial to tales of massacres and bloody murders. Then the Native Police officer is a man who can always be attacked with impunity, as he is not allowed to defend himself, and, if he were, there is a "certain section of the community" who will hear nothing but evil of a Native Police officer. But what more than anything else has contributed to make this such a popular theme for the storytellers is the law which makes the Native Police a secret service. Why, it raises it at once to the level of the old secret societies which have furnished plots for half the sensational novels of Europe! I shall refer to this law further on. What I wish to point out now is that the public (barring the section alluded to above) will require some further evidence before they gie implicit credence to the tales you have published. So far your chief authority appears to be a certain "colonial experience" on——Downs station. The only insight you have given us into his character is that he was allowed to go out as a friend with a Native Police officer, and that on his return be turned round and accused that officer of being guilty of a almost inhuman cruelty and murder. Now if your "colonial experience" was a man of ordinary intelligence he must have been aware that he was only allowed to accompany the secret-service expedition on the assumption that he was a gentleman and would not divulge the secrets which might come to his knowledge. Was the sense of public duty so abnormally strong in this young gentleman as to cause him to violate the most sacred laws of honor and comradeship? Or was he influenced by some less worthy motive? If the latter, why then such a man may have exaggerated or fabricated the whole story.

And now with regard to this law of keeping the Native Police doings secret. The plain history of it, I take to be this: We, rightly or wrongly, have seized and occupied the blackfellows' country. We have invited our fellow-countrymen, with their wives and their children, to come over and share in the spoil; but we have tried to keep hidden from their eyes the inevitable consequences of our lawless act. And it would have been well, no doubt, could we have kept these things from the knowledge of our town people, and especially of our women and children. But the very course which was taken to ensure this end has had the very contrary effect. It has had the effect of enveloping in mystery all our dealings with the aborigines, and the gross exaggerations which were the natural outcome of this have so inflamed the imaginations of these people that they think we—and they through us—are responsible for atrocities more revolting than those we heard of during the Turco-Russian war. Seeing, then, that this system has so entirely failed in its object, let us do away with it, and let it be openly known to our people the price they have to pay for

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text: Poems (Coates 1916)/Volume I/Alexander III


text: Poems (Coates 1916)/Volume I/Cruel Love—Anacreontic


text: Poems (Coates 1916)/Volume I/The Chosen

title: Poems (Coates 1916)/Volume I/The Chosen


text: Poems (Coates 1916)/Volume I/A Seeker in the Night


text: Poems (Coates 1916)/Volume I/Betrothal

title: Poems (Coates 1916)/Volume I/Betrothal


text: Poems (Coates 1916)/Volume I/When Christ was Born


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Page:Folk-lore - A Quarterly Review. Volume 4, 1893.djvu/184

 FOLK-LORE GLEANINGS FROM COUNTY LEITRIM.

HE district from whence these notes are derived lies to the south-east of the lower end of Lough Allen, and comprises part of the parishes of Kiltubrid and Fenagh, in County Leitrim, the latter better known on account of the Book of Fenagh and the remains of St. Caillin's Abbey. This part of the county is fairly hilly, with wide stretches of bog, and many lakes; while towards the north of Kiltubrid lies the wild mountain district of Slieve-an-iarain. At the present time it is devoid of timber, except such as has been planted round the houses of the gentry, and this absence of trees and hedges gives the whole district a rather desolate appearance. Until the Cavan, Leitrim, and Roscommon Light Railway was constructed, a few years ago, Kiltubrid was quite cut off from outside influence. Carrick-on-Shannon is ten miles off; and Drumshanbo and Ballinamore, five and seven miles away respectively, are only small country towns. The people, therefore, have not yet lost the old traditions of the place, in spite of the fact that the native tongue has almost died out; but they are fast disappearing, and it is to be feared will ere long be extinct, as they have become under similar circumstances elsewhere.

The stories in English which I have heard told by the peasantry in co. Leitrim are, of course, not to be compared with those collected in Irish by Dr. Hyde in the next county (Roscommon), but they are interesting, I think, as showing the form that the tales have taken at the present day. As regards the general superstitions, etc., current in the district, my informants were as a rule people of over


text: Poems (Coates 1916)/Volume I/Dryad Song

title: Poems (Coates 1916)/Volume I/Dryad Song


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 Human Life, which came out together in 1514, shortly before his death. The popular Lucidarius also appeared in the vulgar tongue.

These few productions appeared along with innumerable works in Latin, and dimly heralded a Danish literature. It was the Reformation that first awoke the living spirit in the popular tongue. (q.v.; 1480–1554) was the first man of letters produced in Denmark. He edited and published, at Paris in 1514, the Latin text of the old chronicler, Saxo Grammaticus; he worked up in their present form the beautiful half-mythical stories of Karl Magnus (Charlemagne) and Holger Danske (Ogier the Dane). He further translated the Psalms of David and the New Testament, printed in 1529, and finally—in conjunction with Bishop Peder Palladius—the Bible, which appeared in 1550. Hans Tausen, the bishop of Ribe (1494–1561), continued Pedersen’s work, but with far less literary talent. He may, however, be considered as the greatest orator and teacher of the Reformation movement. He wrote a number of popular hymns, partly original, partly translations; translated the Pentateuch from the Hebrew; and published (1536) a collection of sermons embodying the reformed doctrine and destined for the use of clergy and laity.

The Catholic party produced one controversialist of striking ability, Povel Helgesen (b. c. 1480), also known as Paulus Eliae. He had at first been inclined to the party of reform, but when Luther broke definitely with the papal authority he became a bitter opponent. His most important polemical work is an answer (1528) to twelve questions on the religious question propounded by Gustavus I. of Sweden. He is also supposed to be the author of the Skiby Chronicle, in which he does not confine himself to the duties of a mere annalist, but records his personal opinion of people and events. Vedel, by the edition of the Kjaempeviser which is mentioned above, gave an immense stimulus to the progress of literature. He published an excellent translation of Saxo Grammaticus in 1575. The first edition of a Danish Reineke Fuchs, by Herman Weigere, appeared at Lübeck in 1555, and the first authorized Psalter in 1559. Arild Huitfeld wrote Chronicle of the Kingdom of Denmark, printed in ten volumes, between 1595 and 1604.

There are few traces of dramatic effort in Denmark before the Reformation; and many of the plays of that period may be referred to the class of school comedies. Hans Sthen, a lyrical poet, wrote a morality entitled Kortvending (“Change of Fortune”), which is really a collection of monologues to be delivered by students. The anonymous Ludus de Sancto Kanuto (c. 1530) which in spite of its title, is written in Danish, is the earliest Danish national drama. The burlesque drama assigned to Christian Hansen, The Faithless Wife, is the only one of its kind that has survived. But the best of these old dramatic authors was a priest of Viborg, Justesen Ranch (1539–1607), who wrote Kong Salomons Hylding (“The Crowning of King Solomon”) (1585), Samsons Faengsel (“The Imprisonment of Samson”), which includes lyrical passages which have given it claims to be considered the first Danish opera, and a farce, Karrig Niding (“The Miserly Miscreant”). Beside these works Ranch wrote a famous moralizing poem, entitled “A new song, of the nature and song of certain birds, in which many vices are punished, and many virtues praised.” Peder Clausen (1545–1614), a Norwegian by birth and education, wrote a Description of Norway, as well as an admirable translation of Snorri Sturlason’s Heimskringla, published ten years after Clausen’s death. The father of Danish poetry, Anders Kristensen Arrebo (1587–1637), was bishop of Trondhjem, but was deprived of his see for immorality. He was a poet of considerable genius, which is most brilliantly shown in an imitation of Du Bartas’s Divine Semaine, the Hexaëmeron, a poem on the creation, in six books, which did not appear till 1661. He also made a translation of the Psalms.

He was followed by Anders Bording (1619–1677), a cheerful occasional versifier, and by Thöger Reenberg (1656–1742), a poet of somewhat higher gifts, who lived on into a later age. Among prose writers should be mentioned the grammarian Peder Syv, (1631–1702); Bishop Erik Pontoppidan (1616–1678), whose Grammatica Danica, published in 1668, is the first systematic analysis of the language; Birgitta Thott (1610–1662), a lady who translated Seneca (1658); and Leonora Christina Ulfeld, daughter of Christian IV., who has left a touching account of her long imprisonment in her Jammersminde. Ole Worm (1588–1654), a learned pedagogue and antiquarian, preserved in his Danicorum monumentorum libri sex (Copenhagen, 1643) the descriptions of many antiquities which have since perished or been lost.

In two spiritual poets the advancement of the literature of Denmark took a further step. Thomas Kingo (1634–1703) was the first who wrote Danish with perfect ease and grace. He was a Scot by descent, and retained the vital energy of his ancestors as a birthright. In 1677 he became bishop in Fünen, where he died in 1703. His Winter Psalter (1689), and the so-called Kingo’s Psalter (1699), contained brilliant examples of lyrical writing, and an employment of language at once original and national. Kingo had a charming fancy, a clear sense of form and great rapidity and variety of utterance. Some of his very best hymns are in the little volume he published in 1681, and hence the old period of semi-articulate Danish may be said to close with this eventful decade, which also witnessed the birth of Holberg. The other great hymn-writer was Hans Adolf Brorson (1694–1764), who published in 1740 a great psalm-book at the king’s command, in which he added his own to the best of Kingo’s. Both these men held high posts in the church, one being bishop of Fünen and the other of Ribe; but Brorson was much inferior to Kingo in genius. With these names the introductory period of Danish literature ends. The language was now formed, and was being employed for almost all the uses of science and philosophy.

(q.v.; 1684–1754) may be called the founder of modern Danish literature. His various works still retain their freshness and vital attraction. As an historian his style was terse and brilliant, his spirit philosophical, and his data singularly accurate. He united two unusual gifts, being at the same time the most cultured man of his day, and also in the highest degree a practical person, who clearly perceived what would most rapidly educate and interest the uncultivated. In his thirty-three dramas, sparkling comedies in prose, more or less in imitation of Molière, he has left his most important positive legacy to literature. Nor in any series of comedies in existence is decency so rarely sacrificed to a desire for popularity or a false sense of wit.

Holberg founded no school of immediate imitators, but his stimulating influence was rapid and general. The university of Copenhagen, which had been destroyed by fire in 1728, was reopened in 1742, and under the auspices of the historian Hans Gram (1685–1748), who founded the Danish Royal Academy of Sciences, it inspired an active intellectual life. Gram laid the foundation of critical history in Denmark. He brought to bear on the subject a full knowledge of documents and sources. His best work lies in his annotated editions of the older chroniclers. In 1744 Jakob Langebek (1710–1775) founded the Society for the Improvement of the Danish Language, which opened the field of philology. He began the great collection of Scriptores rerum Danicarum medii aevi (9 vols., Copenhagen, 1772–1878). In jurisprudence Andreas Höier (1690–1739) represented the new impulse, and in zoology (q.v.), the younger. This last name represents a lifelong activity in many branches of literature. From Holberg’s college of Sorö, two learned professors, Jens Schelderup Sneedorff (1724–1764) and Jens Kraft (1720–1765), disseminated the seeds of a wider culture. All these men were aided by the generous and enlightened patronage

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 of Frederick V. A little later on, the German poet Klopstock settled in Copenhagen, bringing with him the prestige of his great reputation, and he had a strong influence in Germanizing Denmark. He founded, however, the Society for the Fine Arts, and had it richly endowed. The first prize offered was won by Christian Braumann Tullin (1728–1765) for his beautiful poem of May-day. Tullin, a Norwegian by birth, represents the first accession of a study of external nature in Danish poetry; he was an ardent disciple of the English poet Thomson. Christian Falster (1690–1752) wrote satires of some merit, but most of his work is in Latin. The New Heroic Poems of Jörgen Sorterup are notable as imitations of the old folk-literature. Ambrosius Stub (1705–1758) was a lyrist of great sweetness, born before his due time, whose poems, not published till 1771, belong to a later age than their author.

The Lyrical Revival.—Between 1742 and 1749, that is to say, at the very climax of the personal activity of Holberg, several poets were born, who were destined to enrich the language with its first group of lyrical blossoms. Of these the two eldest, Wessel and Ewald, were men of extraordinary genius, and destined to fascinate the attention of posterity, not only by the brilliance of their productions, but by the suffering and brevity of their lives. (q.v.; 1743–1781) was not only the greatest Danish lyrist of the 18th century, but he had few rivals in the whole of Europe. As a dramatist, pure and simple, his bird-like instinct of song carried him too often into a sphere too exalted for the stage; but he has written nothing that is not stamped with the exquisite quality of distinction. Johan Herman Wessel (1742–1785) excited even greater hopes in his contemporaries, but left less that is immortal behind him. After the death of Holberg, the affectation of Gallicism had reappeared in Denmark; and the tragedies of Voltaire, with their stilted rhetoric, were the most popular dramas of the day. Johan Nordahl Brun (1745–1816), a young writer who did better things later on, gave the finishing touch to the exotic absurdity by bringing out a wretched piece called Zarina, which was hailed by the press as the first original Danish tragedy, although Ewald’s exquisite Rolf Krage, which truly merited that title, had appeared two years before. Wessel, who up to that time had only been known as the president of a club of wits, immediately wrote Love without Stockings (1772), in which a plot of the most abject triviality is worked out in strict accordance with the rules of French tragedy, and in most pompous and pathetic Alexandrines. The effect of this piece was magical; the Royal Theatre ejected its cuckoo-brood of French plays, and even the Italian opera. It was now essential that every performance should be national, and in the Danish language. To supply the place of the opera, native musicians, and especially J. P. E. Hartmann, set the dramas of Ewald and others, and thus the Danish school of music originated. Johan Nordahl Brun’s best work is to be found in his patriotic songs and his hymns. He became bishop of Bergen in 1803.

Of the other poets of the revival the most important were born in Norway. Nordahl Brun, Claus Frimann (1746–1829), Claus Fasting (1746–1791), who edited a brilliant aesthetic journal, The Critical Observer, Christian H. Pram (1756–1821), author of Staerkodder, a romantic epic, based on Scandinavian legend, and Edvard Storm (1749–1794), were associates and mainly fellow-students at Copenhagen, where they introduced a style peculiar to themselves, and distinct from that of the true Danes. Their lyrics celebrated the mountains and rivers of the magnificent country they had left; and, while introducing images and scenery unfamiliar to the inhabitants of monotonous Denmark, they enriched the language with new words and phrases. This group of writers is now claimed by the Norwegians as the founders of a Norwegian literature; but their true place is certainly among the Danes, to whom they primarily appealed. They added nothing to the development of the drama, except in the person of N. K. Bredal (1733–1778), who became director of the Royal Danish Theatre, and the writer of some mediocre plays.

To the same period belong a few prose writers of eminence. Werner Abrahamson (1744–1812) was the first aesthetic critic Denmark produced. Johan Clemens Tode (1736–1806) was eminent in many branches of science, but especially as a medical writer. Ove Mailing (1746–1829) was an untiring collector of historical data, which he annotated in a lively style. Two historians of more definite claim on our attention are Peter Frederik Suhm (1728–1798), whose History of Denmark (11 vols., Copenhagen, 1782–1812) contains a mass of original material, and Ove Guldberg (1731–1808). In theology Christian Bastholm (1740–1819) and Nicolai Edinger Balle (1744–1816), bishop of Zealand, a Norwegian by birth, demand a reference. But the only really great prose-writer of the period was the Norwegian, Niels Treschow (1751–1833), whose philosophical works are composed in an admirably lucid style, and are distinguished for their depth and originality.

The poetical revival sank in the next generation to a more mechanical level. The number of writers of some talent was very great, but genius was wanting. Two intimate friends, Jonas Rein (1760–1821) and Jens Zetlitz (1761–1821), attempted, with indifferent success, to continue the tradition of the Norwegian group. Thomas Thaarup (1749–1821) was a fluent and eloquent writer of occasional poems, and of homely dramatic idylls. The early death of Ole Samsöe (1759–1796) prevented the development of a dramatic talent that gave rare promise. But while poetry languished, prose, for the first time, began to flourish in Denmark. Knud Lyne Rahbek (1760–1830) was a pleasing novelist, a dramatist of some merit, a pathetic elegist, and a witty song-writer; he was also a man full of the literary instinct, and through a long life he never ceased to busy himself with editing the works of the older poets, and spreading among the people a knowledge of Danish literature through his magazine, Minerva, edited in conjunction with C. H. Pram. Peter Andreas Heiberg (1758–1841) was a political and aesthetic critic of note. He was exiled from Denmark in company with another sympathizer with the principles of the French Revolution, Malte Conrad Brunn (1775–1826), who settled in Paris, and attained a world-wide reputation as a geographer. O. C. Olufsen (1764–1827) was a writer on geography, zoology and political economy. Rasmus Nyerup (1759–1829) expended an immense energy in the compilation of admirable works on the history of language and literature. From 1778 to his death he exercised a great power in the statistical and critical departments of letters. The best historian of this period, however, was Engelstoft (1774–1850), and the most brilliant theologian Bishop Mynster (1775–1854). In the annals of modern science Hans Christian Oersted (1777–1851) is a name universally honoured. He explained his inventions and described his discoveries in language so lucid and so characteristic that he claims an honoured place in the literature of the country of whose culture, in other branches, he is one of the most distinguished ornaments.

On the threshold of the romantic movement occurs the name of (q.v.; 1764–1826), a man of great genius, whose work was entirely independent of the influences around him. Jens Baggesen is the greatest comic poet that Denmark has produced; and as a satirist and witty lyrist he has no rival among the Danes. In his hands the difficulties of the language disappear; he performs with the utmost ease extraordinary tours de force of style. His astonishing talents were wasted on trifling themes and in a fruitless resistance to the modern spirit in literature.

Romanticism.—With the beginning of the 19th century the new light in philosophy and poetry, which radiated from Germany through all parts of Europe, found its way into Denmark also. In scarcely any country was the result so rapid or so brilliant. There arose in Denmark a school of poets who created for themselves a reputation in all parts of Europe, and would have done honour to any nation or any age. The splendid cultivation of metrical art threw other branches into the shade; and the epoch

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 earlier been circulated in preliminary form. The Air Doctrine Branch study group members recommended that their conclusions form the basis for Air Force policy on the question of sovereignty over outer space. In February 1959 General White reiterated the continuum doctrine in testimony before the House Committee on Science and Astronautics when he stated, “Since there is no dividing line, no natural barrier separating these two areas (air and space), there can be no operational boundary between them. Thus air and space comprise a single continuous operational field in which the Air Force must continue to function. The area is aerospace.” Because he used the term aerospace, General White received some sharp criticism from members of the other services, in the press, and from Congress. He never retracted the term and the criticism eventually subsided. Clearly, the Air Force had dug in its heels on defining where outer space began. While recognizing that international conventions regarding outer space law might be forth-coming the Air Force was not, about to encourage their adoption. The struggle between those desiring to see the development of outer space law based on custom and precedent and those seeking resolution