text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 9

CHAPTER 9

Provincial Government

Establishment of provinces

124. (1) The following provinces are hereby established, which for the purposes of this Constitution, but subject to subsection (2), shall be recognised as the provinces of the Republic:

Eastern Cape; Mpumalanga;

KwaZulu/Natal;

Northern Cape; Northern Province;

North-West; Free State;

Gauteng; and

Western Cape:

Provided that Parliament shall at the request of a provincial legislature alter the name of a province in accordance with the request of such legislature.

(2) The areas of the respective provinces shall be as defined in Part 1 of Schedule 1: Provided that the establishment of the Northern Cape as a separate province, the establishment in the area of the Eastern Cape of one province, and the inclusion of the areas specified in paragraphs (a) to (f) and (i) to (n) of Part 2 of Schedule 1 within the provinces as defined in Part 1 of Schedule 1, shall be subject to alteration in accordance with this section.

(3) (a) A referendum may be held in terms of this section in each of the areas specified in paragraphs (a) to (n) of Part 2 of Schedule 1 (hereinafter referred to as an affected area) to determine the views of the voters ordinarily resident in such area regarding an issue referred to in subsection (5) or (6).

(b) A referendum referred to in paragraph (a) shall be held in an affected area within three months of the lodging with the Secretary to Parliament of a petition signed by persons entitled to vote and ordinarily resident in such area.

(c) The number of signatures on such a petition shall be at least equal in number to such percentage of the votes recorded in terms of subsection (4) in respect of the affected area in question, as may be determined by the Independent Electoral Commission.

(d) The Independent Electoral Commission shall not be dissolved in terms of the Independent Electoral Commission Act, 1993 (Act No. 150 of 1993), after the first election held under this Constitution until it has made a determination in terms of paragraph (c) in respect of all the affected areas.

(e) Such a petition shall be lodged with the Secretary to Parliament within a period of six months of the commencement of this Constitution or a period referred to in subsection (10), whichever period expires first.

(4) In the first election of the National Assembly and the provincial legislatures held under this Constitution, votes cast in each of the affected areas shall be counted separately and recorded for use for the purposes of this section.

(5) Subject to subsection (7), the object of a referendum in respect of an area referred to in paragraph (e), (f), (g) or (h) of Part 2 of Schedule 1, shall be the determination of the views of voters ordinarily resident in such an area, concerning, as the case may be—

the continued inclusion of the area referred to in the said paragraph (e) in the provincial territory of the Eastern Cape, or its inclusion in the provincial territory of KwaZulu/Natal;

the continued inclusion of the area referred to in the said paragraph (f) in the provincial territory of Gauteng, or its inclusion in the provincial territory of Mpumalanga;

the continued existence of the area referred to in the said paragraph (g) as one province, or its division into two separate provinces on either side of the line forming the eastern boundaries of the districts of Venterstad, Steynsburg, Hofmeyr, Tarka, Fort Beaufort, Albany and Bathurst; or the continued existence of the area referred to in the said paragraph (h) as a separate province, or its discontinuance as a separate province, in which event those districts of the said area north of the Orange River shall be included in the provincial territory of the North-West, and those districts south of the Orange River shall be included in the provincial territory of the Western Cape:

Provided that in the case of a referendum regarding an issue referred to in—

paragraphs (a) and (b) of this subsection, a majority of votes cast shall be required to sanction the inclusion of the areas in question in the provincial territories of KwaZulu/Natal or Mpumalanga, as the case may be;

paragraph (c) of this subsection, a majority of at least 60 per cent of the votes cast in either of the two blocks mentioned in paragraph (g) of Part 2 of Schedule 1 shall be required to sanction the division of the said area into two separate provinces; and paragraph (d) of this subsection, a majority of at least 60 per cent of the votes cast shall be required to sanction the discontinuance of the Northern Cape as a separate province.

(6) Subject to subsection (7), the object of a referendum in respect of an area referred to in paragraph (a), (b), (c), (d), (i), (j), (k), (l), (m) or (n) of Part 2 of Schedule 1, shall be the determination of the views of the majority of the voters ordinarily resident in such an area, concerning—

in the case of the area referred to in the said paragraph (a), the continued inclusion of such area in the provincial territory of the Northern Province, or its inclusion in the provincial territory of Mpumalanga;

in the case of the area referred to in the said paragraph (b), the continued inclusion of such area in the provincial territory of the Northern Cape, or its inclusion in the provincial territory of the Western Cape; in the case of the area referred to in the said paragraph (c), the continued inclusion of such area in the provincial territory of Mpumalanga, or its inclusion in the provincial territory of the Northern Province;

in the case of the area referred to in the said paragraph (d), the continued inclusion of such area in the provincial territory of the Eastern Cape, or its inclusion in the provincial territory of KwaZulu/Natal;

in the case of the area referred to in the said paragraph (i), the continued inclusion of such area in the provincial territory of Mpumalanga, or its inclusion in the provincial territory of Gauteng;

in the case of the area referred to in the said paragraph (j), the continued inclusion of such area in the provincial territory of the Free State, or its inclusion in the provincial territory of Gauteng;

in the case of the area referred to in the said paragraph (k), the continued inclusion of such area in the provincial territory of the Western Cape, or its inclusion in the provincial territory of the Northern Cape; in the case of the area referred to in the said paragraph (l), the continued inclusion of such area in the provincial territory of KwaZulu/Natal, or its inclusion in the provincial territory of the Eastern Cape;

in the case of the area referred to in the said paragraph (m), the continued inclusion of such area in the provincial territory of the Northern Cape, or its inclusion in the provincial territory of the North-West; or in the case of the area referred to in the said paragraph (n), the continued inclusion of such area in the provincial territory of the North-West, or its inclusion in the provincial territory of Gauteng.

(7) (a) The Independent Electoral Commission shall be competent to make regulations or give directions concerning the implementation of this section, including—

the formulation of the question to be put before the electorate in any particular referendum; the determination of the sequence of referendums with reference to a province in respect of which more than one petition contemplated in subsection (3)(e) or (10) is received; the drawing up and registering of party lists for an affected area; the identification of persons entitled to vote in a referendum or election held in terms of this section; procedures relating to the drawing up of petitions for the purposes of this section; and any other matters which it considers necessary for such implementation.

(b) This subsection shall come into operation on the date of promulgation of this Constitution.

(8) A party or parties representing a majority of voters in an affected area may within a period of one month of the date of the first election under this Constitution of members of the provincial legislature of the province within which such area falls in terms of Part 1 of Schedule 1, petition the Independent Electoral Commission to publish a notice in terms of subsection (9).

(9) If a petition is lodged with the Independent Electoral Commission in terms of subsection (8), requesting that an affected area be altered as contemplated in subsection (5) or (6), and the Independent Electoral Commission is satisfied that the petition has the support of a party or parties representing a majority of voters in that affected area, it shall forthwith cause to be published in the Gazette, notice of the fact that it has received such a petition.

(10) Within five months of the date of publication of a notice referred to in subsection (9) a petition may be lodged with the Secretary to Parliament, calling for a referendum contemplated in subsection (3) to be held in the area in respect of which such notice was published.

(11) If a petition for a referendum as provided for in subsection (10) is lodged with the Secretary to Parliament, the petition lodged with the Independent Electoral Commission under subsection (8) will lapse, and the result of the referendum in respect of such area will be decisive.

(12) If a petition for a referendum as provided for in subsection (10) is not lodged with the Secretary to Parliament within the period referred to in that subsection, the Independent Electoral Commission shall, upon the expiry of that prescribed period, forthwith cause to be published in the Gazette, notice of that fact, and the alteration contemplated in the notice published in terms of subsection (9) shall thereupon be implemented in accordance with subsection (13).

(13) (a) For the purpose of implementing an alteration in terms of subsection (12), or an alteration pursuant to a referendum held in terms of subsection (3), the Independent Electoral Commission shall, if it considers it necessary to do so as a result of an alteration to be made, give directions concerning—

the establishment of a new provincial legislature or the reconstitution of an existing provincial legislature; the holding of an election of a new or reconstituted provincial legislature; the allocation of seats within such new or reconstituted provincial legislature; and the names of the persons who will become or remain members of such provincial legislature.

(b) The Independent Electoral Commission shall for the purposes of any directions under paragraph (a) have regard to—

representations made to it by political parties who will or may be affected by any such directions; party lists compiled by parties for the purpose of the election of the provincial legislatures which will be dissolved or reconstituted; party lists compiled pursuant to any regulation made or directions given by it in terms of subsection (7); the provisions of Schedule 2 (without necessarily being bound thereby in regard to the sequence in which seats are to be awarded or forfeited); and all other factors which in its opinion are relevant to such directions:

Provided that if it is of the opinion that any particular alteration does not require an existing provincial legislature to be reconstituted, it may direct that notwithstanding such alteration, such provincial legislature shall not be reconstituted.

(c) If a Premier, member of the Executive Council of a province, senator or other officer has been elected, appointed or nominated in terms of this Constitution by the members of any provincial legislature affected by directions given by the Independent Electoral Commission in terms of paragraph (a), the Independent Electoral Commission may also give directions that new elections, appointments or nominations be made, in which event such elections, appointments or nominations shall be carried out in accordance with this Constitution, and within such times as the Independent Electoral Commission may prescribe.

(14) The President shall by proclamation in the Gazette, to take effect on such date as may be determined by the Independent Electoral Commission, amend subsection (1) and Schedule 1 to give effect to any alteration made in terms of this section.

(15) Notwithstanding the provisions of section 62, Parliament may by a majority of votes in each House, effect consequential amendments to this Constitution arising out of any alterations to provinces or provincial boundaries, or directions given by the Independent Electoral Commission in terms of this section.

Administration of provincial legislatures

143. (1) For the purposes of setting up a provisional administration of a provincial legislature, the Transitional Executive Council shall as soon as possible after the commencement of this Constitution appoint for each provincial legislature a provisional secretary, who shall hold office as Secretary until an appointment is made in terms of subsection (2).

(2) (a) A provincial legislature shall appoint a Secretary and such other staff as may be necessary for the discharge of the work of such legislature.

(b) Except in so far as may be otherwise determined by resolution of the provincial legislature concerned, any person who was prior to the date of commencement of the Constitution of the Republic of South Africa Second Amendment Act, 1995, appointed to the staff, or as the Secretary, of a provincial legislature, and who is at such commencement still serving as such, shall be deemed to have been appointed in accordance with paragraph (a).

(3) Persons appointed under this section shall be remunerated out of and as a charge on the Provincial Revenue Fund of the province.

Executive Councils

149. (1) The Executive Council of a province shall consist of the Premier and not more than 10 members appointed by the Premier in accordance with this section.

(2) A party holding at least 10 per cent of the seats in a provincial legislature and which has decided to participate in the Executive Council, shall be entitled to be allocated one or more of the Executive Council portfolios in proportion to the number of seats held by it in the provincial legislature relative to the number of seats held by the other participating parties.

(3) Executive Council portfolios shall for the purposes of subsection (2) be allocated mutatis mutandis in accordance with the formula set out in paragraphs (a) to (e) of section 88(3), to the respective participating parties.

(4) The Premier of a province shall after consultation with the leaders of the participating parties—

determine the specific portfolios to be allocated to the respective participating parties in accordance with the number of portfolios allocated to them in terms of subsection (3); appoint in respect of each such portfolio a member of the provincial legislature who is a member of the party to which that portfolio was allocated under paragraph (a), as the member of the Executive Council responsible for that portfolio; if it becomes necessary for the purposes of this Constitution or in the interest of good government, vary any determination under paragraph (a), subject to subsection (3); terminate any appointment under paragraph (b)—

if he or she is requested to do so by the leader of the party of which the relevant member of the Executive Council is a member; or if it becomes necessary for the purposes of this Constitution or in the interest of good government; or

fill when necessary, subject to paragraph (b), a vacancy in the office of a member of the Executive Council.

(5) Subsection (4) shall be implemented in the spirit underlying the concept of a government of national unity, and the Premier and the other functionaries concerned shall for the purposes of subsection (4) endeavour to achieve consensus at all times: Provided that if consensus cannot be achieved on—

the exercise of a power referred to in paragraph (a), (c) or (d)(ii) of that subsection, the Premier’s decision shall prevail; the exercise of a power referred to in paragraph (b), (d)(i) or (e) of that subsection affecting a person who is not a member of the Premier’s party, the decision of the leader of the party of which such person is a member shall prevail; and the exercise of a power referred to in paragraph (b) or (e) of that subsection affecting a person who is a member of the Premier’s party, the Premier’s decision shall prevail.

(6) If any determination of portfolio allocations is varied under subsection (4)(c), the affected members of the Executive Council shall vacate their portfolios but shall be eligible, where applicable, for re-appointment to other portfolios allocated to their respective parties in terms of the varied determination.

(7) The Premier or a member of the Executive Council shall, before formally assuming office, make and subscribe an oath or solemn affirmation in the terms set out in Schedule 3 before a judge of the Supreme Court designated by the Chief Justice for this purpose.

(8) No member of an Executive Council may take up any other paid employment, engage in activities inconsistent with his or her membership of the Executive Council, or expose himself or herself to any situation which carries with it the risk of a conflict between his or her responsibilities as a member of the Executive Council and his or her private interests.

(9) No member of the Executive Council shall use his or her position as such, or directly or indirectly use information entrusted confidentially to him or her in such capacity, to enrich himself or herself or any other person.

(10) There shall, subject to section 207(2), be paid out of and as a charge on the Provincial Revenue Fund of a province to the Premier and to a member of an Executive Council of such province such remuneration and allowances as may be determined by the President.


text: The Examiner, and Journal of Political Economy/Volume 2/Number 12/The Genuine Book of Nullification/Introduction

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


text:
Page:Language and the Study of Language.djvu/141

III.] the idea of 'wish, intent, determination.' The Anglo-Saxon had no future tense, but habitually employed its present in the sense of both present and future; we have struck out, in our modern usage, a peculiarly rich synonymy of expressions for future action: there are the two already mentioned, I will go, and I shall go, each of which is capable of use as simple future, or with a modal implication; further, I have to go, with the nearly equivalent I am to go; I am going to go (to which the French adds the closely correlative expression "I am coming from going," je viens d'aller, that is, 'I have just gone'); I am on the point of going, and I am about to go—with which is nearly allied the Hibernicism, I am after going, for 'I have gone.' These·phrases will illustrate the ease with which are found, in the resources of a rich and flexible language, means of denoting a given relation, the variety in which they may be produced, and the arbitrariness with which certain ones are selected for most frequent and familiar employment.

An instance of a purely formal word of a different character is furnished us in the preposition to as "sign of the infinitive." The infinitive is originally and properly the verbal noun, and, as a noun, should be governed by any preposition which the sense may require. The present usage of our language, however, forbids this freedom of construction, and assigns to the infinitive to as its almost constant accompaniment. At first, the to was only employed where it had its proper significance, as in phrases like "I am here to help him," that is, 'in order to the helping him,' "lawful for him to eat," that is, 'to the eating;' now, no regard whatever is had to this consideration, and, to the apprehension of every speaker of English, to is as arbitrary and non-significant a sign of this form of the verb as is the ending en of the German essen, or re of the Latin edere.

Yet another class of words having the grammatical status of independent members of the sentence, but the logical


text: The Examiner, and Journal of Political Economy/Volume 2/Number 12/The Genuine Book of Nullification/1


text: 1911 Encyclopædia Britannica/Stein, Heinrich Friedrich Karl, Baron vom und zum


text:
“The Heart of the Andes”

Contents

 * Part 1 – Verse (p. 329)
 * Part 2 – Introduction (pp. 331–343)
 * Part 3 – The sky (pp. 343–344)
 * Part 4 – The snow dome (pp. 344–350)
 * Part 5 – The llano, or central plain (pp. 350–351)
 * Part 6 – The cordillera (pp. 351–355)
 * Part 7 – The clouds, their shadows and the atmosphere (pp. 355–358)
 * Part 8 – The montaña, or central forest (pp. 358–360)
 * Part 9 – The hamlet (pp. 360–361)
 * Part 10 – The cataract and its basin (pp. 361–366)
 * Part 11 – The glade on the right foreground (pp. 366–371)
 * Part 12 – The road and left foreground (pp. 371–373)
 * Part 13 – Conclusion (p. 374)

title: “The Heart of the Andes”


text:
Talk:“The Heart of the Andes”

This essay is a part of the anthology Life in the Open Air and other papers. See Talk:Life in the Open Air and other papers for information on this edition.

Quotation marks
Why is this title in quotation marks? GreyishWorm (talk) 16:22, 20 November 2022 (UTC)

title: Talk:“The Heart of the Andes”


text:
User talk:CraikR

"Drill Stem Testing"
Wikisource collects previously published texts that are available under an open-content license. If this work has been published elsewhere, please provide the publication and licensing information. Otherwise, it will be deleted from Wikisource. --Eliyak T · C 19:26, 21 December 2010 (UTC)

title: User talk:CraikR


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 10

Council resolutions

176. Matters before the council of a local government pertaining to—

the budget of the local government, shall be decided by a resolution of the council adopted by a majority of at least two-thirds of all its members; and town planning, shall be decided by a resolution of the council adopted by at least a majority of all its members: Provided that a council may delegate the power to make decisions on matters pertaining to town planning to the executive committee or to a committee appointed for this purpose or to a person in its employ: Provided further that section 177 shall apply mutatis mutandis to the appointment and functioning of a committee appointed for this purpose.

Elections

179. (1) A local government shall be elected democratically, and such election shall take place in terms of an applicable law and at intervals of not less than three and not more than five years.

(2) The electoral system for a local government shall include both proportional and ward representation and shall be regulated by a law referred to in subsection (1).

(3) Subject to section 6, every natural person shall be entitled to vote in an election of a local government if he or she—

is ordinarily resident within the area of jurisdiction of that local government or is under law liable for the payment of property rates, rent, service charges or levies to that local government; and is registered as a voter on the voters’ role of that local government.

(4) A voter shall not have more than one vote per local government.

(5) No person shall be qualified to become or remain a member of a local government if he or she—

is not eligible to vote in terms of subsection (3); is a member of the National Assembly or the Senate; is disqualified from becoming a member of the National Assembly in terms of section 42(1)(a), (b), (c) or (d).

is an employee of a local government (unless, with due regard to the public interest, exemption of this disqualification is given by the Executive Council of the province in which the local government is situated and proof of such exemption accompanies the nomination of such person); or is disqualified in terms of any other law.


text:
The Genuine Book of Nullification

 * Title and advertisement
 * Quotes
 * Introduction
 * Chapter I: Virginia Nullification
 * Chapter II: Kentucky Nullification
 * Chapter III: Pennsylvania Nullification
 * Chapter IV: Massachusetts Nullification
 * Chapter V: Connecticut Nullification
 * Chapter VI: Ohio Nullification

title: The Genuine Book of Nullification


text:
Page:Language and the Study of Language.djvu/142

120 value of formative elements, is exemplified in the preposition of, as already noticed. The of in "a crown of gold" is equivalent to the adjective suffix en in "an golden crown;" that in "the son of the king" to the genitive ending s in "the king's son."

We have paid the more attention to this kind of words, because of their importance in the history of language. Such shadowy and half-formal parts of speech as an and the, such quasi formative elements as do and have, as to and of, are products of the development of language which by their prevalence mark a distinct tendency, known as the "analytical," and characteristic, in a greater or less degree, of many of the modern tongues with which ours is related. We shall have to take it into further account in connection with another department of our subject (see lecture seventh).

Let us now look at a single example going to show to what a rich variety the processes of development of meaning may lead among the derivatives of a single verb. Pono, in Latin, signifies 'put,' or 'place,' but we might well spend an hour in tracing out all the store of ideas which it has been made in our language the means of designating. Some of its uses we have inherited from the Latin; others were struck out during the later period of the French; yet others have grown up on English soil; and we are even now far from having exhausted its capabilities of expression. From the uncompounded root come pose, a poser, position, with its many applications, post, with its still more various and special uses, posture, positive, and so forth. Then, as combined with prefixes, for the most part significant merely of place and direction, it gives us an apposite remark; apposition of nouns; component parts; composure of mind; a great composer; compositions and declamations; a composing-stick; compost-heaps; compound interest; to compound a felony; a deponent verb; the deponent saith; a deposed king; depositions from water; a school-book depository; removal of the deposits; a railway depot; an exponent of democratic principles; to expose a fraud; exposed to attack; clear exposition of a hard text; a lawn with southern exposure; an imposing figure; imposts and customs; miserable impostor; consecrated


text:
“The Heart of the Andes”/Part 1

“Eye to eye we look On knowledge, under whose command Is Earth and Earth’s, and in whose hand Is Nature like an open book.”

title: “The Heart of the Andes”/Part 1


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 11

Traditional authorities and local government

182. The traditional leader of a community observing a system of indigenous law and residing on land within the area of jurisdiction of an elected local government referred to in Chapter 10, shall ex officio be entitled to be a member of that local government, provided that he or she has been identified in a manner and according to guidelines prescribed by the President by proclamation in the Gazette after consultation with the Council of Traditional Leaders, if then in existence, or if not, with the Houses of Traditional Leaders which have then been established, and shall be eligible to be elected to any office of such local government.

Council of Traditional Leaders

184. (1) There is hereby established a Council of Traditional Leaders consisting of a chairperson and 19 representatives elected by traditional authorities in the Republic.

(2) The Chairperson and members of the Council shall be elected by an electoral college constituted by the members of the Houses of Traditional Leaders referred to in section 183.

(3) (a) Draft legislation providing, subject to this Chapter, for the composition, the election of representatives and the powers and functions of the Council established by subsection (1), and for procedures applicable to the exercise and performance of such powers and functions, and for any other matters incidental to the establishment and functioning of the Council, shall be introduced in Parliament not later than six months as from the commencement of this Constitution.

(b) Section 183(1)(c) shall apply mutatis mutandis in respect of draft legislation referred to in paragraph (a) of this subsection, and in such application a reference therein to a provincial legislature shall be construed as a reference to Parliament.

(4) The Council shall, in addition to any other powers and functions assigned to it by any other law, be competent—

to advise and make recommendations to the national government with regard to any matter pertaining to traditional authorities, indigenous law or the traditions and customs of traditional communities anywhere in the Republic, or any other matters having a bearing thereon; and at the request of the President, to advise him or her on any matter of national interest.

(5) (a) Any parliamentary Bill pertaining to traditional authorities, indigenous law or the traditions and customs of traditional communities or any other matters having a bearing thereon, shall, if it is passed by the House in which it was introduced after the Chairperson and members of the Council have been elected and the Council has commenced its functions, and if the Council is then able to function, before it is passed by the other House, be referred by the Secretary to Parliament to the Council for its comments.

(aA) If the Council is not in existence by 28 February 1996, any parliamentary Bill referred to in paragraph (a) shall, after having been passed by the House in which it was introduced, but before it is passed by the other House, be referred to those Houses contemplated in section 183 which have then been established, and the further provisions of this subsection shall then mutatis mutandis apply.

(b) The Council shall, within 30 days as from the date of such referral, indicate by written notification to the Secretary to Parliament its support for or opposition to the Bill, together with any comments it wishes to make.

(c) If the Council indicates in terms of paragraph (b) its opposition to the Bill, the other House shall not pass the Bill before a period of 30 days as from the date of receipt by the said Secretary of such written notification has lapsed.

(d) If the Council fails to indicate within the period prescribed by paragraph (b) whether it supports or opposes the Bill, Parliament may proceed with the Bill.


text:
“The Heart of the Andes”/Part 2

We of the northern hemisphere have a geographical belief in the Andes as an unsteady family of mountains in South America, — a continent where earthquakes shake the peaks and revolutions the people, where giant condors soar and swoop, where volcanoes hurl up orbed masses of fiery smoke by day and flare luridly by night, where silver may hang in tubers at the roots of any bush, and where statesmen protocol, and soldiers keep up a runaway fight, for the honor and profit of administering guano. Long ago, in the dim cycles, Incas watched the snowy Andes for the daily coming of their God, the Sun. Then the barbaric music of those morning oblations died away, and, except for Potosi, the Andes might have been quite forgotten. First again we hear of them as a scientific convenience. That mysterious entity, the Equator, hung, like a more tenacious Atlantic cable, from peak to peak. French savans climbed and measured it, and found it droll to stand at noon on their own shadows no bigger than dinner-plates. The world began to respect these mountains as pedestals for science; but later, as the Himalayas went up, the Andes went down. Chimborazo dwindled sadly in public esteem when it was proved that Kunchinjinga and Gaourichanka could rest their chins upon its crown without tiptoeing. By and by came Humboldt and lifted the Andes again. He proclaimed anew their marvellous wealth of vegetation, and how they carry on their shoulders the forests and gardens of all climes. He told, also, of their grandeur, and invited mankind to recognize it. But their transcendent glory, as the triumph of Nature working splendid harmony out of brilliant contrast, remained only a doubt and a dream, until Mr. Church became its interpreter to the Northern world.

A great work of art is a delight and a lesson. A great artist owes a mighty debt to mankind for their labor and thought, since thought and toil began. He must give token that he is no thankless heritor of the sum of human knowledge, no selfish or indolent possessor of man’s purest ideals of beauty. The world is very tender, but very exacting with genius. True genius accepts its duty, and will not rest short of the highest truth of its age. A master artist works his way to the core of Nature, because he demands not husks nor pith, but kernel. The inmost spirit of beauty is not to be discerned by dodging about and waiting until the doors of her enchanted castle shall stand ajar. The true knight must wind the horn of challenge, chop down the ogre, garrote the griffon, hoist the portcullis with a petard, and pierce to the shrine, deaf to the blandishments of the sirens. Then when he has won his bride, the queen, he must lead her beauty forth for the world’s wonderment, to dazzle and inspire.

Recipients of the boons of Art have their duty co-ordinate with the artist’s. Art gives a bounty or a pittance, as we have the will or the capacity to receive, — copper to the blind, silver to the fond, red gold to the passionate, dense light of diamond to the faithful lover. We gain from a noble picture according to our serenity, our pureness, our docility, our elevation of mind. Dolts, fools, and triflers do not get much from Art, unless Art may perchance seize the moment to illuminate them through and through, and pierce their pachyderms with thrills of indignant self-contempt and awakening love. For divine Art has power to confound conceit into humility, and shame the unwashed into purifying their hearts. Clown Cymon saw Iphigenia, and presently the clown was a gentleman. Even if we have a neat love for the beautiful, and call ourselves by the pretty, modest title of amateurs, we have a large choice of degrees of benefit. We may see the first picture of our cycle, and receive a butterfly pleasure, a sniff of half-sensual emotion; or we may transmute our butterfly into a bird of paradise, may educate our slight pleasure into a permanent joy, and sweetly discipline our passion of the finer senses into a love and a worship. We can be vulgar admirers of novelty with no pains, or refined lovers of the beautiful with moderate pains. Let no one be diffident. Eyes are twice as numerous as men; and if we look we must see, unless we are timid and blink. We must outgrow childish fancies, — we must banish to the garret our pre-Praxitelite clay-josses, and dismiss our pre-Giottesque ligneous daubs to the flames. We may safely let ourselves grow, and never fear overgrowth. Why should not men become too large for “creeds outworn”!

“The Heart of the Andes” demands far more than a vague confidence that we can safely admire without committing ourselves. It is not enough to look awhile and like a little, and evade discrimination with easy commonplaces. Here is a strange picture evidently believing itself to be good; if not so, it must be elaborately bad, and should be massacred. If good and great, let it have the crown of unfading bays; but the world cannot toss its laurels lightly about to bristle on every ambitious pate. If we want noble pictures and progress to nobler, let us recognize them heartily when they come. An artist feels the warmth of intelligent sympathy, as a peach feels sunshine. The applause of a mob has a noisy charm, like the flapping of wings in an army of wild-pigeons, but the tidal sympathy of a throng of brother men stirs the life-blood. When a man of genius asks if he speak the truth, and the world responds with a magnificent “Ay!” thenceforth his impulses move with the momentum of mankind. Appreciation is the cause and the consequence of excellence.

As a contribution toward the understanding of Mr. Church’s great work, I propose in the following pages to analyze its subject and manner of treatment. I shall eschew technicality of thought and phrase. The subject is new, the scenes are strange, the facts are amazing. People in the United States are familiar with solemn pine woods and jocund plains and valleys, and have studied the bridal-cottage picturesque everywhere; but Cordilleras, and the calm of uppermost peaks of snow, and the wealth of tropic forests, they know not. Some commentary, then, on this novel work, seems not impertinent. I am obliged to execute my task in the few last days while the picture ripens rapidly under the final brilliant touches of its creator; and the necessity of haste must be my excuse for any roughness of style or opacity of condensation.

Before proceeding to the direct analysis, let us notice the strength of our position as American thinkers on Art. Generally with the boons of the past we have to accept the burdens of the past. But only a withered incubus, moribund with an atrophy, squats upon our healthy growth in Art. We may have much to learn, but we have little to unlearn. Young artists, errant with Nature, are not caught and cuffed by the despotism of effete schools, nor sneered down into inanity by conservative dilettantism. Superstition for the past is feeble here, to-day. We might tend to irreverence, but irreverence is soon scourged out of every sincere life. We have a nearly clear field for Art, and no rubbish to be burned. Europe has been wretchedly impeded and futilized in Art by worshipping men rather than God, finite works rather than infinite Nature, and is now at pains to raze and reconstruct its theories. Our business is simpler, and this picture is a token of inevitable success, — a proof and a promise, a lesson and a standard. The American landscape-artist marches at Nature with immense civilization to back him. The trophies of old triumph are not disdained, but they are behind him. He is not compelled to serve apprenticeship in the world’s garrets of trash for inspiration, nor to kotou to any fetish, whether set up on the Acropolis, or the Capitoline, in the Court of the Louvre, or under the pepper-boxes in Trafalgar Square.

No lover of Art should be bullied out of his faith in his own instincts and independent culture by impertinencies about old masters and antique schools. Remember that Nature is the mistress of all masters, and founder of all schools. Nature makes Art possible straightway, everywhere, always.

Habits of mind are in every man’s power which will make him an infallible judge of artistic excellence at once. Does some one ask how to form those habits for comprehending landscape Art? If we are pure lovers of the world of God; if we have recognized the palpitating infinite of blue sky, and loved to name it Heaven; if we have been thrilled with the solemnity of violet dawn, and are rich with remembered pageantries of sunrise, and have known the calm and the promise of twilight glories over twilight glooms, and have chosen clouds to be the companions of our brightest earthly fancies; if we have studied the modesty, the stateliness, and the delicate fiery quietness of the world of flowers, and have been showered with sunbeams and shadows in the tremulous woods; if we have watched where surges come, with a gleam on their crest, to be lavish of light and music on glittering crags; if, with the simple manly singer of old Greece, we deem “water best,” — best for its majesty in Ocean, best in the brave dashes and massy plunge of a waterfall, best in every shady dingle where it drifts dimples full of sweet sunlight, and best in twinkling dew-drops on a lily tossed into showers of sparkles by a humming-bird; if we have felt the large grandeur of plains sweeping up to sudden lifts of mountain, and if mountains have taught us their power and energy, and the topmost snow-peaks their transcendent holy calm; if we have loved and studied Nature thus, and kept our hearts undebased by sense and unbewildered by mammon, — then it is to us that noblest Art appeals, and we are its scholars and its tribunal. Then we have no mundane errors to recant, and will not keep up a shabby scuffle with our convictions, and chuckle punily over some pinchbeck treasure-trove of our conceit, some minor fault in a noble work; but, finding that a bold lover has gone nearer to Nature than we, will choose him for our guide, and follow straight in his track to the penetralia of beauty.

There are two questions to be asked regarding “The Heart of the Andes.” 1. Is it a subject fit to be painted? 2. Is it well done? Genius should not choose for its theme, The Model Frog-Pond, and revel there in the clammy ooze. And if Genius paints the Portals of Paradise, they must not be rusty, repulsive, and baleful as the Infernal doors. This picture is a new-comer of imposing port. When a supernatural guest enters, the first question is, — “Ho, the Great Unknown! Art thou Archangel, or Ogre, or overgrown Scarecrow?” Which of these personages have we here?

“Why paint the Andes?” says anybody. “Are not Abana and Pharpar, rivers of Damascus, better than all the waters of Israel? Why go among the condors and centipedes for beauty? Cannot Mr. Church stay at home and paint Niagaras? Or the White Mountains, — they are a mile high?”

Why paint the tropics? Every passionate soul longs to be with Nature in her fervor underneath the palms. Must we know the torrid zone only through travelled bananas, plucked too soon and pithy? or by bottled anacondas? or by the tarry-flavored slang of forecastle-bred paroquets? Rosy summer dwells fair and winning beyond our Northern wastes, where winter has been and will be, and we sigh for days of basking in perpetual sunshine. Warmth is the cheer, and sunshine the charm of Nature. Without warmth, we become Esquimaux nibbling at a tallow dip. Without sunshine, color fades away into Arctic pallors. All the blush and bloom and winy ripeness of earthly beauty are the gifts of sunshine. Upon the tropics those gifts are poured out most lavishly.

For some years past, Mr. Church has been helping us to a complete knowledge of the exciting and yet indolent beauty of the tropics. He has learned the passion of those Southern climes, while he has not unlearned the energy of his own. He has painted the dreamy haste of the Magdalena, the cataract of Tequendama, temperate uplands where spring abides forever, and scene after scene of sunny noon and tender evening, with river and plain watched by distant snow-peaks. He has given us already other noble smaller pictures of the Andes, prototypes of the present work.

Men of science have sighed over their bewilderment in tropic zones, where every novelty of vegetation is a phenomenon. Botanists sit there among the ruins of their burst herbariums, and bewail the lack of polysyllabic misnomers for beautiful strangers in the world of flowers. But Art should sing pæans, when it discovers the poetry of form and color entangled among those labyrinths, and hasten to be its interpreter to the world. Mr. Church has attempted to fulfil this duty already, and has painted rich forests by rivers near the sea, where files of graceful cocoa-palms stand above the leggy mangroves, — luxuriant copses where the crimson orchis glows among inland palms, — pulpy-leaved trees all abloom with purple flowers, — delicate mimosas, — ceibas like mounds of verdure, — bowers of morning-glories, so dense that hummingbirds cannot enter, and glades where lianas hang their cables and cords, bearing festoons of large leaves and blossoms with tropic blood shining through their veins. He has happily avoided any feeling of the rank and poisonous. No one calls for quinine after seeing his pictures, or has nightmares filled with caymans and vampires.

So much for the tropical lowlands. “The Heart of the Andes” takes us to the tropical highlands. It claims to convey the sentiment of the grandest scenery on the globe. Through a mighty rift of the South American continent parallel with the Pacific, the Andes have boiled up and crystallized. Under the equator, this Titanic upheaval was mightiest. According to some cosmical law, power worked most vigorously where beauty could afterward decorate most lovingly. Here narrow upright belts of climate are substituted for the breadths of zone after zone from torrid to frozen regions. All the garden wealth of the tropics, all the domestic charm of Northern plain and field and grove, dashed with a richer splendor than their own, are here combined and grouped at the base and along the flanks of bulky ranges topped with snow and fire. Polar scenes are here colonized under the hot equator. Eternal snows climb out of eternal summer. The eye may catch a beam from the scarlet orchis, child of fiery climes, and glance before that rosy light is lost to the solemn white dome of Chimborazo. We can look at the North Pole through the crest of a palm, and cool the fire in our brain by the vision of a frostier than the “frosty Caucasus.” Symbols of passion and of peace face each other. We can see at once what the world is worth. What Nature has deemed man fit to receive, is here bestowed in one largess. All earth’s riches are compacted into one many-sided crystal.

In “The Heart of the Andes,” Mr. Church has condensed the condensation of Nature. It is not an actual scene, but the subtle essence of many scenes combined into a typical picture. A man of genius, painter, poet, organizer in any domain of thought, works with larger joy and impulse when he obeys his creative imagination. Life is too short for descriptive painting; we want dramatic painting. We want to know from a master what are the essentials, the compact, capital, memorable facts which he has had eyes to see and heart to understand in Nature. We should have asked of Mr. Church, after the elaborate studies of his two visits among the Andes, to give us what he has given here, — the vital spirit of these new glorious regions, so that their beauty could become a part of our minds, and all our future conceptions be larger and richer for this new possession.

The first question, then, as to the subject of this picture, is answered. The theme is worthy to be treated. Let us proceed, secondly, to the special analysis.

The picture may be roughly divided into different regions, as follows: —

 * The Sky.
 * The Snow Dome.
 * The Llano, or central plain.
 * The Cordillera.
 * The Clouds, their shadows and the atmosphere.
 * The Hamlet.
 * The Montaña, or central forest.
 * The Cataract and its Basin.
 * The Glade on the right foreground.
 * The Road and left foreground.

Each of these regions I will take up in order.

The Scene is an elevated valley in the Andes, six thousand feet above the sea; the Time, an hour or two before sunset.

The artist might have chosen an enthusiastic moment of dawn, when peaks of snow over purple shoulders of porphyry confront the coming day. Or he might have exhibited a sunset pageant with marshalling of fiery clouds. Handled with his ability of color, such would have been electrifying effects of power in passionate action. But this picture is to teach the majesty of Power in Repose. The day’s labor is over. High noon is long past, but “gray-hooded even” not yet come. There is rich accumulation of sunshine, and withal an undertone of pensive shadow answering to that consciousness of past and possible sorrow which so deepens every present joy. In a previous great picture, “The Andes of Ecuador” painted after Mr. Church’s first visit, he has depicted the glory of sunset flooding a broad wild valley. There the sun is master, and its atmosphere almost dazzles us away from simple study of the mountain forms. In “The Heart of the Andes” the great snow-peak is master, and its solemn, peaceful light the illuminator of the scene. Any land can see the sun occasionally, but any land cannot see dome mountains of snow. Therefore let the sun retire from this picture, and stand, as we do, spectator; and let us have that moment of day when light is strong and quiet, and shadows deep but not despotic.

title: “The Heart of the Andes”/Part 2


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 11A


text: Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 12


text:
Page:Language and the Study of Language.djvu/143

III.] by imposition of hands; to impound stray cattle; an imposing-stone; all his disposable forces; disposed to sleep; an amiable disposition; the prima donna is indisposed; troops disposed in three lines; God disposes; a worthy opponent; the house opposite; member of the opposition; divine interposition; he proposed to her; fifth proposition, first book; propounded for admission; locked in sweet repose; to repose confidence; what do you purpose? he did it on purpose; an effect supposes a cause; at least, I suppose so; a supposititious heir; and so on. Here is but a selection from among the multitude of expressions for heterogeneous conceptions which have grown out of the sign for the simple idea of 'putting' or 'placing;' but, though a striking, they are not an exceptional instance of the manner in which linguistic usage deals with all the material of language. As new experiences are met with, new deductions drawn, new opinions formed, new mental combinations made, new products brought forth, new existences discovered, language finds no difficulty in enlarging itself to represent them. The material which lies most conveniently at hand, even if it be not very near, is seized and applied to the purpose: that which was general is individualized; that which was individual is generalized; the concrete becomes the abstract; every variety of metaphor, of elliptical and pregnant expression, is resorted to, and, however bold and even startling at first, sinks by degrees to the level of ordinary prosaic appellation; and delicate shades of meaning are distinguished by the gradual separation of words at first equivalent. The multiplicity of these changes, and the variety of their results, our examples have been wholly inadequate to set forth with any fulness or completeness; only enough has been said to bring to light the leading facts and principles, to show what a fertile power of modification and adaptation is inherent in our speech, and that, in seeking and finding names for individual objects of conception, it is restrained within no narrow limits of action.

It must not fail to be observed that these processes of word-making, of names-giving, in all their variety, are not, in the fullest sense, consciously performed; that is to say, they are not, for the most part, premeditated and reflective,


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 13

212. (1) There shall be a public service for the Republic, structured in terms of a law to provide effective public administration.

(2) Such public service shall—

be non-partisan, career-orientated and function according to fair and equitable principles; promote an efficient public administration broadly representative of the South African community; serve all members of the public in an unbiased and impartial manner; be regulated by laws dealing specifically with such service, and in particular with its structure, functioning and terms and conditions of service; loyally execute the policies of the government of the day in the performance of its administrative functions; and be organised in departments and other organisational components, and the head of such department or organisational component shall be responsible for the efficient management and administration of his or her department or organisational component.

(3) Employment in the public service shall be accessible to all South African citizens who comply with the requirements determined or prescribed by or under any law for employment in such service.

(4) In the making of any appointment or the filling of any post in the public service, the qualifications, level of training, merit, efficiency and suitability of the persons who qualify for the appointment, promotion or transfer concerned, and such conditions as may be determined or prescribed by or under any law, shall be taken into account.

(5) Subsection (4) shall not preclude measures to promote the objectives set out in subsection (2).

(6) Provision shall be made by law for a pension for a member of the public service by means of a pension fund or funds established by law, and members of the public service who are required by law to be members of a pension fund shall be entitled to fair representation on the body which manages the applicable fund.

(7) (a) In the event of changes to the law governing pension funds which prejudice a member of a fund, the real value of the accrued benefits of such member of a fund, and his or her beneficiary, as represented by the fund’s actuarial liability towards the member or his or her beneficiary, shall be maintained.

(b) The retirement age applicable to a public servant by law as at 1 October 1993, shall not be changed without his or her consent.

(8) For the purposes of this section the public service shall include the permanent force of the South African National Defence Force referred to in section 266(1).


text:
Page:Examiner, Journal of Political Economy, v2n12.djvu/8

 General Government, then, that the Committee be also instructed to report such measures for the adoption of this General Assembly as they shall think will most effectually tend to arrest these usurpations,—to stay the hand of avarice and Despotism—to reinstate the good people of this commonwealth in all their essential Rights and Liberties, and the Government thereof in all the Rights granted and secured to it by its fundamental laws."—[See Appendix. Note A.]

CHAPTER II.

KENTUCKY NULLIFICATION.

Having given in my last communication, the Nullification of Virginia, both as to the clearly established by Madison's Resolutions, and as to the  put in force by the Act of the Legislature, annulling the Sedition Law, in regard to the members of that body—and having shown that the extension of this Act of Protection to the citizens of the State generally, had been anticipated by the expiration and non-renewal of those high-handed and imperial edicts—We next present the Nullification of Kentucky, in the Resolutions which were so ably drawn by the immortal —the ablest of American Statesmen, the man confessedly, of all others, the best acquainted with our Constitution and frame of Government.

The Resolutions passed November 10, 1798, are to this effect:

1st. "Resolved, That the several States, composing the United States of America, are not united on the principle of unlimited submission to their General Government, but that by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes; delegated to that Government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government—and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force—That, to this compact, each State acceded, and is an ; its co-states forming, as to itself, the other party—That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers—But that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

2d and 3d. Resolved, That the Act of Congress passed on the 12th July, 1798, entitled "An Act in addition to the Act for the punishment of certain crimes against the United States," is, but is.

4th. Resolved, That the Act of Congress, passed on the 22d June, 1798, entitled "An Act concerning Aliens," which assumes powers over Alien Friends, not delegated by the Constitution, is, but is.

7th. Resolved, "That words meant by that instrument (the Constitution) to be only to the execution of the, ought not to be so construed as themselves to give unlimited powers—nor a part so to be taken as to destroy the whole residue of the instrument—that the proceedings of the General Government under colour of these articles, will be a fit and necessary subject for revisal and correction, at a time of greater tranquillity, while those specified in the preceding Resolutions call for immediate redress.

9th. Resolved, That this Commonwealth is determined (as it doubts not its co-states are,) tamely to submit to undelegated and consequently unlimited powers in no man or body of men, on earth.

—The Resolution passed November 14, 1799, in support of those of the preceding year, are in these precise words, viz:

Resolved, "That the several States who formed that Instrument, being and, have the unquestionable  to judge of its infraction—and that a  by those sovereignties of all unauthorized Acts done under color of that Instrument, is the ."

Here we have our high and established precedent for the adoption of that doctrine, for the alleged invention of which, we haev been but too much honoured—here we have too, the very name bestowed upon that sovereign and rightful remedy which we aver that the Constitution impliedly when it declares that all rights not granted to the Congress are reserved to the States or to the people—though we do not (as has been absurdly supposed,) claim the right as  the Constitution.

Upon this venerated authority, together with that of Virginia, we rest the support of our cause—by this lofty sanction we are willing to stand or fall—under this exalted standard we will fight and conquer—"In hoc Signo Vincemus."

SOUTH CAROLINA.

GOV. McDUFFIE'S INAUGURAL ADDRESS.

Gentlemen of the Senate, and of the House of Representatives:


text:
Constitution of the Republic of South Africa, 1993/1995-09-20/Chapter 14

Establishment of South African National Defence Force

224. (1) The South African National Defence Force is hereby established as the only defence force for the Republic.

(2) The South African National Defence Force shall at its establishment consist of all members of—

the South African Defence Force; any defence force of any area forming part of the national territory; and any armed force as defined in section 1 of the Transitional Executive Council Act, 1993 (Act No. 151 of 1993),

and whose names, at the commencement of this Constitution, are included in a certified personnel register referred to in section 16(3) or (9) of the said Act: Provided that this subsection shall not apply to members of any such defence or armed force if the political organisation under whose authority and control it stands or with which it is associated and whose objectives it promotes did not take part in the first election of the National Assembly and the provincial legislatures under this Constitution.

(3) Save for the South African National Defence Force, no other armed force or military force or armed organisation or service may be established in or for the Republic other than—

as provided for in this Constitution; a force established by or under an Act of Parliament for the protection of public property or the environment; or a service established by or under law for the protection of persons or property.

Chief of South African National Defence Force and Secretary for Defence

225. (1) Subject to section section 236(1) and (2), the President shall appoint a Chief of the South African National Defence Force, who shall exercise military executive command of the South African National Defence Force, subject to the directions of the Minister responsible for defence and, during a state of national defence, of the President.

(2) The Minister responsible for defence may appoint a Secretary for Defence who shall exercise such powers and perform such duties as may be provided for in any law.

Members of South African National Defence Force

226. (1) The South African National Defence Force shall comprise both a permanent force and a part-time reserve component.

(2) The establishment, organisation, training, conditions of service and other matters concerning the permanent force shall be as provided for by an Act of Parliament.

(3) The establishment, organisation, training, state of preparedness, calling up, obligations and conditions of service of the part-time reserve component shall be as provided for by an Act of Parliament.

(4) The South African National Defence Force shall be established in such a manner that it will provide a balanced, modern and technologically advanced military force, capable of executing its functions in terms of this Constitution.

(5) All members of the South African National Defence Force shall be properly trained in order to comply with international standards of competency.

(6) No member of the permanent force shall hold office in any political party or political organisation.

(7) A member of the South African National Defence Force shall be obliged to comply with all lawful orders, but shall be entitled to refuse to execute any order if the execution of such order would constitute an offence or would breach international law on armed conflict binding on the Republic.

(8) Provision shall be made by an Act of Parliament for the payment of adequate compensation to-

a member of the South African National Defence Force who suffers loss due to physical or mental disability sustained in the execution of his or her duties as such a member; and the immediate dependants of a member of the South African National Defence Force who suffer loss due to the death or physical or mental disability of such a member resulting from the execution of his or her duties as such a member.

Functions of South African National Defence Force

227. (1) The South African National Defence Force may, subject to this Constitution, be employed—

for service in the defence of the Republic, for the protection of its sovereignty and territorial integrity; for service in compliance with the international obligations of the Republic with regard to international bodies and other states; for service in the preservation of life, health or property; for service in the provision or maintenance of essential services; for service in the upholding of law and order in the Republic in co-operation with the South African Police Service under circumstances set out in a law where the said Police Service is unable to maintain law and order on its own; and for service in support of any department of state for the purpose of socio-economic upliftment.

(2) The South African National Defence Force shall—

exercise its powers and perform its functions solely in the national interest by—

upholding the Constitution; providing for the defence of the Republic; and ensuring the protection of the inhabitants of the Republic,

in accordance with this Constitution and any law; exercise its powers and perform its functions under the directions of the government of the Republic; refrain from furthering or prejudicing party-political interests; not breach international customary law binding on the Republic relating to aggression; in armed conflict comply with its obligations under international customary law and treaties binding on the Republic; and be primarily defensive in the exercise or performance of its powers and functions.

(3) The employment for service, training, organisation and deployment of the South African National Defence Force shall be effected in accordance with the requirements of subsection (2).

Accountability

228. (1) The Minister responsible for defence shall be accountable to Parliament for the South African National Defence Force.

(2) Parliament shall annually approve a budget for the defence of the Republic.

(3) (a) A joint standing committee of Parliament on defence shall be established, consisting of members of all political parties holding more than 10 seats in the National Assembly and willing to participate in the committee.

(b) The total membership of the committee shall be as determined by or under the rules and orders.

(c) Such a party shall be entitled to designate a member or members on the committee in accordance with the principle of proportional representation and as determined in accordance with the following formula:

A quota of seats per member of the committee shall be determined by dividing the total number of seats in the National Assembly held jointly by all the parties referred to in paragraph (a) by the total number of members of the committee plus one. The result, disregarding third and subsequent decimals, if any, shall be the quota of seats per member. The number of members that a participating party shall be entitled to designate on the committee, shall be determined by dividing the total number of seats held by such party in the National Assembly by the quota referred to in subparagraph (ii). The result shall, subject to subparagraph (v), indicate the number of members that such party is entitled to designate on the committee. Where the application of the above formula yields a surplus not absorbed by the number of members allocated to a party, such surplus shall compete with other similar surpluses accruing to another party or parties, and any member or members which remain unallocated shall be allocated to the party or parties concerned in sequence of the highest surplus.

(d) The committee shall be competent to investigate and make recommendations regarding the budget, functioning, organisation, armaments, policy, morale and state of preparedness of the South African National Defence Force and to perform such other functions relating to parliamentary supervision of the Force as may be prescribed by law.

(4) (a) The President shall, when the South African National Defence Force is employed for service referred to in section 227(1)(a), (b) or (e), forthwith inform Parliament of the reasons for such employment.

(b) If, in the case of such an employment referred to in section 227(1)(a) or (b), Parliament is not sitting, the President shall summon the joint standing committee referred to in subsection (3) to meet expeditiously, but not later than 14 days after the commencement of such employment, and shall inform the committee of the reasons for such employment.

(5) Parliament may by resolution terminate any employment referred to in section 227(1)(a), (b) or (e), but such termination of employment shall not affect the validity of anything done in terms of such employment up to the date of such termination, or any right, privilege, obligation or liability acquired, accrued or incurred as at the said date under and by virtue of such employment.


text:
“The Heart of the Andes”/Part 4

Next let our thoughts come down from these supernal regions, and pause “new-lighted on a heaven-kissing hill.” A man becomes exalted to a demigod, more nobly divine than any of the Olympians, when he can soar to such a summit as this. An isolated snow-peak is the sublimest of material objects, and worthiest of daring Art, if Art but dare. Here it has dared and done.

This mountain is a type, not a portrait. If the reader insists upon a name, he may call it Cayambe, and fancy he sees the ghost of La Condamine stepping off an arc of the Equator on its shoulders, and blowing his icy fingers as he parts the snow to find the line. But Cayambe perhaps does its share in carrying the girdle of the world. It has been useful enough in a scientific way, and need not take the artistic responsibility of resembling this pictured peak. Besides, compared to this, Cayambe is but a stunted hillock, being only some nineteen thousand feet high. The snow line of the equatorial Andes is at sixteen thousand feet, and Cayambe’s three thousand feet of snow would be but a narrow belt on this mountain’s breadth of golden fields of winter. Chimborazo then! — clarum et venerabile nomen — is it Chimborazo? Alas those revolutionary South American republics! — they have allowed El Chimborazo to be dethroned. Once he was chieftain of the long line from Tierra del Fuego to Arctic ice. Then fickle men revolted and set up two temporary bullies, a doubtful duumvirate, Sorato and Illimani. Finally, some uneasy radical rummaged out Aconcagua from modest retirement in the Chilian Andes, and pronounced his ermine to be broadest, unless his brother Tupungato should pretend to rival him. This mountain, dominant at the “Heart of the Andes,” is not then Cayambe or Chimborazo, or any other peak of the equatorial group. It is each and all of them, and more than any. It is the type of the great trachytic domes of the Andes, which stand in such solemn repose beside the fiery vigor of volcanic cones like Cotopaxi, and the terrible ghastly ruin of a gulf of burning craters like Sangay.

And now, let us dally no more with questions, but look and wonder before the supreme object of the picture, — this miracle of vastness, and peace, and beauty, not merely white snow against blue sky, but Light against Heaven. No poetry of words can fitly paint its symmetry, its stateliness, the power of its rising slowly and strongly, from chasm and cloud, up with pearly shadows and coruscating lights, up with golden sunshine upon its crown, up into the empyrean. The poetry is before our eyes. A look can read it. For this is what great Art alone can do, and triumphs in doing. It gives a vision of glory, and every one who beholds it is a poet.

But we can study the architecture of this firm fabric. Consider on what a base it stands, — what buttresses it has. No threatening crag is this that may be sapped. Here toppling ruin will never befall. We are safe in our Paradise at the Heart of the Andes.

Observe the method of its growth. First, across and closing the purple glen to the left, rises a rosy purple mountain, as it were an experiment of form toward the grander edifice. A few spots of snow rest among its tyro domes and pinnacles. It is not, then, a petty structure. The snow tells us that, if it stood where stands the shadowy mountain of the middle background, it would rise far above that cloud-compelling height.

Behind this disrobed model of the grander forms above, rises another experimental mountain, climbing up to the regions where snow gives roundness and softness to anatomical lines of rock. It leans upon the dome, and bears it up with stalwart breadth of shoulder. Separated from its younger brother by profound ravines, it grows up a mighty concave mass, a slow, majestic upward surge, with a sweep, and sway, and climb in every portion of its substance and its surface, and yet so broken by insurgent crests of cliff, paly purple over opalescent shadows, and so varied by slopes of snow, and wreath, and drift, and dimple, and bend, and rounded angle everywhere, that there is no monotony in its solemn curve towards the dome. Faint shadows of clouds dim its lustre. It has not yet attained to the uppermost cloudlessness. A delicate drapery of blue mistiness over its swelling reaches is rendered with masterly refinement.

Two essays have thus been made in mountain building, and two degrees of elevation overcome. Now the vigor of the first purple cliffs, and the broad sweep of the snowy shoulder, are combined in the Dome. Suddenly, across its chasm of isolation, the Dome mounts upward, and marks its firm outlines against the sky. Its convex lines of ascent are bold as the lines of the first model, while its calm, rounded summit repeats the deliberate curves of the snow-clad terrace beneath. There is no insubordination among the parts, nothing careless or temporary in the work. Skill and plan have built up a mass, harmonious, steadfast, and adamantine. This is a firm head upon firm shoulders, whatever else may crumble in a century, and fall to ruin in an æon. Cities of men may sink through the clefts of an earthquake, but this mountain is set up to be a symbol of power for the world’s life.

Observe further the effect of orderly vastness given by the nearly parallel lines of the ridges upholding the Dome. The uppermost of these is a complete system of mutually sustaining buttresses. Up from crag to crag of this ridge, the eye climbs easily; dashing up the shady purple precipices, resting in each gray shadow, speeding across the snowy levels, leaping crevice, and pausing at each fair dimple until it has measured its way up to the specular summit. If colossal peaks rose, naked rock, against the sky, their gloom would be overpowering. And if fiends had the making of worlds, mountains would be dreadful bulks of black porphyry, the flame-born rock, — monuments and portents of malignity. Cyclops and gnomes, to say nothing of more demoniac craftsmen, would never have capped their domes and pyramids with lightsome snow. But mountains, the most signal of earthly facts, are transfigured from gloom to glory by the gentlest creature of all that float and fall, — the snow-flake. It is not enough that air should lie in clouds, and float in mists, and linger in violet haze in every dell of the lower mountains, but there must be a grander beauty than bare mountains, rich with play of strong color, and softened with shadow, can express. High above the strength of his earth God has set the beauty of his earth; — glory of snow above the might of adamant.

When the observer estimates that the Dome is at least sixty miles from his point of view, he will be able to measure the power of its mass and the proportions of its details. Each sunny dimple thus expands to an abyss. Seeming ripples on the snow-fields become enormous mounds heaped up by the whirlwinds that riot forever among those dry, unfathomable drifts, the accumulation of ages. Below the first sheer slope on the front of the summit is a chasm between the precipice and a bare elbow of rock, — a lovely spot of pearly shadow. Measure that chasm with the eye; — into it you might toss Ossa and see it flounder through the snow and drown; and Pelion upon Ossa would only protrude a patch of its dishevelled poll. Things are done in the large among the Andes.

Clouds close the view on each slope of the Dome; on the left touched with orange, where they reflect the glow of the peak; on the right gray and shadowy. They half disclose and half conceal a mysterious infinite on either side. An isolated silvery aiguille juts out of this obscure, a contrast in its color and keen form to the Dome, and hinting at successions of unseen peaks beyond. A slender stratus cloud comes in with subtle effect across the vapors below the summit, — a quiet level for the eye, where all the lines are curved and tending upward.

The Dome is the Alpha and the Omega of the picture, — first to take the eye as the principal light, and the last object of recurring thought when study proves that all the wealth below lies tribute at its feet, and every minor light only recalls its mild benignancy.

It is hard to put the essence of a volume into a few paragraphs. This mountain is a marvel, and merits silent study of hours; I have endeavored to point out briefly its great qualities of construction. The reader must remember that the beauty of snowy mountains is a recent discovery. An age ago, poets had nothing to say of them but a shiver, and painters skulked away and painted “bits.” The sublimity of snow-peaks should underlie all our feeling for the lesser charms of Nature. Yet many people of considerable sentiment still shiver and skulk before these great white thrones of the Almighty. But yet not every one who would, can be a pilgrim to Mecca. Not every one can kneel at the holiest shrines of Nature. Let us be thankful to Mr. Church that he has brought the snowy Andes to us, and dared to demand our worship for their sublimity.

title: “The Heart of the Andes”/Part 4


text:
“The Heart of the Andes”/Part 3

The blue sky is the first region of the picture for our study. Unless a landscape conveys a feeling of the infinite, it is not good for immortals. This sky is no brazen canopy, no lustrous burnished screen, no opaque turquoise surface. It is pure, penetrable, lucent in every tremulous atom of its substance, and as the eye pierces its depths, it feels the same vital quiver thrilling through a boundless calm. Without an atmosphere of joy, earthly triumphs and splendid successes are naught. As fully is pure sky a necessary condition of delight in the glories of Nature. Could that divine presence of the snow-peak dwell in regions less clear and radiant than those we are viewing? Blue sky melting into a warmer glow overhangs, surrounds, tenderly enfolds, and rests upon the mountain’s golden crown and silvery-shadowed heights. No blank wall thrusts us back as we seek an egress from the picture, but blue sky clinging and closing about our way leads us on, sphere after sphere into the infinite.

A few motionless cirri lie like wreaths of foam flung together by meeting ripples on this aerial ocean. Pellucid creatures of air are they, dwelling in mid ether from which they came and into which they will presently be transfigured after moments of brilliant incarnation. They seem emanations from the mountain, a film of its own substance, light snow-drifts whirled up into the blue. Their spiritual flakes lift the peak and intensify the hue of the sky. Their white upon the azure is as delicate as the mingling of erect white blossoms and violet-blue wreaths of flowers in the right-hand foreground, which in fact recalls and is a memorial of them. Of the other clouds I will speak as I come to their proper aerial region in the picture.

title: “The Heart of the Andes”/Part 3


text:
Page:Language and the Study of Language.djvu/144

122 There may be found among them, indeed, every degree of reflection, sometimes rising even to full premeditation. When there is first brought to the knowledge of a community some new substance or product, either natural or artificial, some result of invention or discovery, some process formerly unknown, people ask themselves deliberately "what shall we call it?" and it is by a conscious effort that they devise and assign its appellation—there being, at the same time, an unconscious part to the process; namely, the manner in which their selection is guided and determined by the already subsisting usages and analogies of their speech, and by the limitations of their intelligence. The zoölogist, the chemist, the geologist, when they want a new technical term or distinctive name, go of set purpose to such sources as their Greek and Latin dictionaries, or search out local or personal associations upon which to found their choice; they con over the various distinctive qualities or accidental circumstances of the thing to be denominated, and weigh the capabilities and advisabilities of the case as deliberately as does the father when deciding after which rich uncle, or what noted public character, he shall have his son christened. Sometimes the scientific man has put upon him the task of devising a terminology, as well as a nomenclature—as was the case with those French chemists, at the end of the last century, who fixed the precise scientific meaning to be thenceforth signified by a whole apparatus of formative elements, of suffixes and prefixes: for example, in sulphuret, sulphuric, sulphurous, sulphate, sulphite, sulphide, bisulphate, sesquisulphide, and so on. This is, indeed, of the nature of an artificial universal language, built up of precise, sharply distinguished, and invariably regular signs for the relations of ideas—such a language as some have vainly imagined it possible to invent and teach for all the infinitely varied needs of speech, and for the use of the whole human race: the chemical terminology is, in its own sphere, of universal applicability, and is adopted by chemists of various race and native tongue. But human language is not made in this way. The most important and intimate part of linguistic growth, that which


text: 1911 Encyclopædia Britannica/Treitschke, Heinrich von


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III.] affects the vocabulary of general and daily use, learned by every child, used in the common intercourse of life, goes on in a covert and unacknowledged manner; it is almost insensibly slow in its progress; it is the effect of a gradual accumulation of knowledge and quickening of insight; it is wrought out, as it were, item by item, from the mass of the already subsisting resources of expression: the mind, familiar with a certain use of a term, sees and improves a possibility of its extension, or modification, or nicer definition; old ideas, long put side by side and compared, prompt a new one; deductions hitherto unperceived are drawn from premises already known; a distinction is sharpened; a conception is invested with novel associations; experience suggests a new complex of ideas as calling for conjoint expression. Speech is the work of the mind coming to a clearer consciousness of its own conceptions and of their combinations and relations, and is at the same time the means by which that clearer consciousness is attained; and hence, it works its own progress; its use teaches its improvement; practice in the manipulation of ideas as represented by words leads the way to their more adroit and effective management. A vocabulary, even while undergoing no extension in substantial content of words and forms, may grow indefinitely in expressiveness, becoming filled up with new senses, its words and phrases made pregnant with deeper and more varied significance. It may do so, and it will, if there lie in the nature and circumstances of the people who speak it a capacity for such growth. The speech of a community is the reflex of its average and collective capacity, because, as we have already seen, the community alone is able to make and change language; nothing can become a part of the common treasure of expression which is not generally apprehended, approved, and accepted. It is not true, as is sometimes taught or implied, that a genius or commanding intellect, arising among a people, can impress a marked effect upon its language—least of all, in the earlier stages of linguistic development, or a‘mid ruder and more primitive conditions of culture. No individual can affect speech directly except by separate items of change in respect