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The Times/1895/Letter/Lev Tolstoy

Persecution of Christians in Russia, 1895
"The world, ye shall have tribulation; but be of good cheer, I have overcome the world." (John 16:33)

The Dukhobors settled in the Caucasus have been subjected to cruel persecutions by the Russian authorities, and these persecutions, described in the report of one who made inquiries on the spot, are now, at this moment, being carried on.

These Dukhobors were beaten, whipped, and ridden down; quartered upon them in "executions" were Cossacks who, it is proved, allowed themselves every license with these people; and everything they did was with the consent of their officers. Those men who had refused military service were tortured, in body and in mind; and it is entirely true that a prosperous population, who by tens of years of hard toil had created their own prosperity, were expelled from their homes and settled, without land and without means of subsistence, in the Georgian villages.

The cause of these persecutions is, that for certain reasons three-fourths of the Dukhobors (that is, about 15,000 people, their whole population being about 20,000) have this year returned with renewed force and earnestness to their former Christian profession, and have resolved to comply in practice with Christ's law of non-resistance to evil by violence. This decision has caused them, on one hand, to destroy all their weapons, which are considered so needful in the Caucasus, thus renouncing the possibility of fighting, and putting themselves at the mercy of every marauder; and, on the other hand, to refuse, under all circumstances, participation in acts of force which may be demanded from them by the government; which means that they must refuse service in the army or wherever else violence is used. The government could not permit so many thousands of people such a desertion of the duties established by law, and a struggle broke out. The government demands compliance with its requirements; the Dukhbors will not obey.

The government cannot afford to yield. Not only because this refusal of the Dukhobors to comply with the requirements of government has, from the official standpoint, no legal justification, and is contradictory to the existing time-consecrated order; but such refusals must be discountenanced at once, for the sole reason that, if allowed to ten, to-morrow there will be a thousand, ten thousand, others who wish to escape the burden of the taxes and the conscription. And if this is allowed, there will spring up marauding and chaos instead of order and security; no one's property or life will be safe. Thus reason the authorities; they cannot reason otherwise; and they are not in the least at fault in so reasoning. Even without any such selfish consideration as that these desertions might deprive him of his means of subsistence, now collected from the people by means of compulsion, every official, from the Tsar down to the uryadnik or village police-commissioner, must be deeply indignant with the refusal of some uncivilized, unlettered people to comply with the demands of the government, which are obligatory upon all. "How dare these mere ciphers of people," thinks the official, "deny that which is recognized by every one, that which is consecrated by the law, and is practised everywhere?" As officials, they cannot be shown to be in error for acting as they do. They use force, brute force. And they cannot avoid so doing.

In point of fact, how can you, by reasonable and humane means, compel men who profess the Christian religion to join another body of men who are learning how to kill, and practising for that purpose? The deception of deceived people can be maintained by various kinds of stupefactions by administration of oaths, by theological, philosophical, and judicial sophistries. But as soon as the deception is by some means broken, and people like the Dukhobors, calling things by their right names, say, "We are Christians, and therefore we cannot kill," then the lie is exposed; and to persuade such men by arguments of reason is impossible. The only means of inducing them to obey are blows, "executions," deprivation of shelter, cold and hunger in their families. Just these means are used. As long as the officials are not conscious of their wrong position they can do nothing else; and therefore are not at fault. But still less are those Christians at fault who refuse to participate in murderous exercises, and to join a body of men who are trained to kill any whom the government orders to be killed. They, also, cannot act otherwise. The nominal Christian, baptized and brought up in Greek orthodoxy, Catholicism, Protestantism, might continue to follow violence and murder, as long as he does not discover the deception put upon him.

But as soon as he discovers that every man is responsible to God for his acts, and that this responsibility cannot be shifted to some one else or excused by the oath, and that he must not kill, or prepare himself to kill, then participation with the army at once becomes to him as impossible morally as it is physically impossible for him to lift a ton weight.

This fact of the Christian religion makes its relation to government a terrible tragedy. The tragedy arises from this, that the governments have to rule over nations which are Christian, though not yet wholly enlightened, but still every day and hour becoming more and more illumined with the teaching of Christ. All "civilized" governments, from the days of Constantine, have known and felt this, and from the instinct of self-preservation have done everything they could to obscure the true idea of Christianity, and to destroy its spirit. They have known that when men become alive to this spirit, force will be abolished, together with government itself. Therefore the governments have continued to pursue their vocation by creating State institutions, by piling up laws and institutions one on the other, hoping under these to bury the undying spirit of Christ infused into the hearts of men. The governments have continued their labor, but at the same time the Christian teaching has done its work, more and more penetrating the minds and hearts of men. And now comes the time which, Christianity being the work of God, opposed to government, which is man's work, was bound to come when the effect of Christianity overcomes the effect of governments.

Just as in the burning of a pile there comes a moment when the fire which long worked obscurely within, only now and then by flashes and smoke proving its presence, suddenly wins its way on every side with a burning no longer to be subdued, so in the conflict of the Christian spirit with the pagan laws and institutions, there comes the time when this Christian spirit bursts forth everywhere, no longer to be kept under, and every moment threatening to destroy the institutions under which it was buried.

Indeed, what can, what must, government do with these 15,000 of the Dukhobors who refused military service? What is to be done with them? They cannot be let alone. Even now, at the beginning of the movement, there have appeared Greek Orthodox people who follow the example of the Dukhobors. What then, does the future hold? What if similar action is taken by the Molokans, Stundists, Shaloputy, Khlysty, the Pilgrims, all those sectarians who hold the same views as to government and military service, and who do not act as the Dukhobors have done, merely because they have not resolution to take the initiative, and fear to suffer? Of such people there are millions; not in Russia only, but in all Christian countries; not only in Christian, but in Moslem countries; in Persia, Turkey, and Arabia, for instance, there are the Karidshity and the Babisty. It is needful to prevent contagion from these ten of thousands who acknowledge no government, and do not wish to take part in government. But how? Certainly they cannot be killed. They are too many. It is no less difficult to put them in prison. It is only possible to ruin and torture them. And just this is done.

But what if these tortures have not the desired effect, and these people still persist in declaring the truth, and by so doing attract more adherents? The position of governments is crucial; the more so that they can take no certain stand. You cannot denounce as bad the deeds of men like Drozhin, who was tortured to death in prison; or Izyumchenko, still suffering in Siberia; or Dr. Skarvan, imprisoned in Austria; or like all those others at present in prisons, men who are ready to suffer and to die, only to be faithful to the most simple, universally comprehensible and approved religious principles, which prohibit murder and participation in murder.

By no device of logic can you demonstrate the acts of these men to be bad or unchristian; and not only are you unable to disapprove, but you cannot help admiring them. Because you must admit that men who so act, act in the name of the noblest qualities of man's soul, qualities which, if you do not recognize their nobility, you reduce man's life to the level of animal existence. Therefore, however government acts toward these men, it must inevitably forward, not their, but its own, destruction. If government refrains from persecuting these people who, like the Dukhobors, Stundists, Nazarenes, and isolated individuals, refuse to take part in the acts of government, then the advantages of the peaceful Christian lives of these men will attract to them not only sincerely convinced Christians, but also those who will become Christians externally; and the number of people who do not comply with the requirements of government will grow more and more.

On the other hand, if the government continues its cruelty as at present, then this very cruelty, to men whose only fault is that they lead a more moral and righteous life than others do, and seek to apply practically the law of righteousness which is professed by all, this very cruelty will more and more repel men's sympathy from government, and finally there will be no men ready to support it by force. The half-savage Cossacks who beat the Dukhobors by order of the officers, "very soon began to be tired of it," as they said when they were quartered in the villages of the Dukhobors. That means, conscience began to agitate them ; and the authorities, fearing the influence of the Dukhobors upon them, hastened to withdraw them.

Never was a persecution of innocent people which has not ended in the persecutors receiving the principles of the persecuted ; as it was with the warrior Simeon, who exterminated the Paulicians and then adopted their creed. The more indulgent the government, the quicker the numbers of true Christians will grow. The more cruel the government, the quicker the numbers of those that yield to the requirements of government diminishes. Thus, whether indulgent or cruel toward men who by their lives proclaim Christianity, government is forwarding its own destruction. "Now is the judgment of this world; now shall the prince of this world be cast out."(John 12:31) And this judgment was pronounced eighteen hundred years ago that is, at the time when, in place of the principle of external justice, the principle of love was asserted.

However much wood one throws on the burning pile of sticks, thinking thus to put out the fire, the inextinguishable flame, the flame of truth, will only be temporarily smothered, and will burn up still more strongly, consuming everything heaped upon it. Even though it happen (as it always happens) that some of the contenders for truth become weak in the strife, and yield to the government, that, nevertheless, would not in the least change the position. If to-day the Dukhobors in the Caucasus should yield, being unable any longer to bear the sufferings which overcome their old men and women, their wives and children, still, to-morrow, there would arise other contenders, ready on all hands, more and more boldly proclaiming their principles, and less and less liable to yield. Does truth cease to be truth because the men who professed it become weak under the pressure of torture ? That which is of God must conquer that which is of man.

"But what will happen if government is brought to an end? "I hear the question which is always put by those who think that if we lose that which we now have, then there will remain nothing, everything will be lost.

There is always the one answer to this question. There will be the thing which ought to be, that which is well-pleasing to God, which is according to the law He has put in our hearts and revealed to our minds. If government should be abolished by us in the way of revolution, certainly the question as to what will be after government is done away with would require an answer from the abolitionists. But the abolition which is now in process is taking place, not because some one, or some body of men, have resolved upon it, but government is being swept away because it is not according to the will of God which He has revealed to our minds and put into our hearts.

A man who refuses to kill and imprison his brother man does not purpose to destroy government; he merely wishes not to do that which is contrary to the will of God; he is merely avoiding that which not only he, but every one who is above the brute, undoubtedly considers evil. If through this, government be destroyed, it only shows that the demands of government are contrary to God's will that is, they are evil; and thus government, being in itself an evil, comes to be destroyed. The change which is now taking place in the social life of the nations, although we cannot exactly tell what form it will take in the future, cannot be bad, because it proceeds, and will be wrought out, not through man's arbitrary will, but as the result of a divine principle common to us all and resident in our hearts. A process of birth is going on, and our whole action must be directed not to thwart, but to help, this process. And such help is given, certainly not by resisting the divine truth revealed to us, but, on the contrary, by an open and fearless admission of it. Such admission of truth gives not only full satisfaction to the conscience of those who so profess, but also the greatest possible welfare to all; to the persecuted and to the persecutors as well. Salvation is not in retrogression, but in progression.

The crisis in the change of the form of our social life and in the replacement of forcible government by some other socializing principle, has passed already; and the solution before us is not by stoppage of the process, or by reversal of it, but by nothing else than a forward movement along that road which the law of Christ points out to the hearts of men.

Yet another effort, and the Galilean will conquer. Not in that ruthless sense understood by the pagan emperor, but in that true sense in which He Himself spoke of His conquest of the world, "In the world you shall have tribulation; but be of good cheer," said He, "I have overcome the world!"(John 16:33)

He has actually overcome the world; not in a mystical sense of invisible victory over sin, as these words are interpreted to mean by the theologians, but in the simple, clear, and comprehensible sense that, if we will only have courage and boldly profess Him, soon not only will those horrible persecutions of the body of true disciples of Christ who carry out His teaching practically in their lives disappear, but there will remain no more prisons or gallows, no wars, corruption, idleness, or toil-crushed poverty, under which Christian humanity now groans.

 * September 19, 1895

[For an alternate translation, see: Tolstoy, Leo (graf), translator Leo Wiener. Persecution of Christians in Russia in 1895, The complete works of Count Tolstoy, Volume 23, pages 312–321.]

title: The Times/1895/Letter/Lev Tolstoy


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506 In his Journal of 10 November is the remarkable paragraph: "This is to give Notice, that the poor Printer hereof, who expects never to be free from Trouble till Death or Dishonesty takes him under Tutelage, was last Week sued by the most merciful Governour of St. Thomas's. But he dares lay 2d. ob. neither he nor his Councel knows for what. Well! the Comfort is he fears none but God. … However, being just going to drink, Mr. Grandvile, my humble Service t'ye!"

Up to the end of the year Brice continued to hammer at Glanvill; one of his leaders, being a specially vituperative one, he repeated twice; and in his paper of 16 August, 1728, he accused Glanvill of riding round the country, visiting the gentlemen empanelled on the jury for the trial of the case, to endeavour to prejudice and influence them in his own favour against Brice. After several adjournments the case was tried; and judgment was given against Andrew Brice, and a fine and costs imposed, amounting to a large sum.

Dr. Brushfield says truly: "That Brice's language was strong, outspoken, coarse, and at times savage, no one will dispute he was undoubtedly a hard hitter, and went straight to the mark. In reflecting upon him, due regard must be had to the coarse period in which he lived. Let any one read the accounts given by the debtors themselves and others (in Brice's Weekly Journal, 8 September, 1717, 19 July, and 6 December, 1728); and if they even make allowance for some exaggeration, let them ask themselves whether anything could be more revolting than Glanvill's treatment of the debtors, and whether Brice's language could be too strong in his condemnation of such practices. In such a case, truth, if vigorously expressed, was a libel in law. His active sympathies were roused


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Rh and unjustifiable manner. However, he wrote: "The Parleys have vauntingly given out, That they will totally effect my Overthrow, and that I am now tottering on the Brink of Destruction; For that Sam the younger is now actually gone to London to swear some dreadful Thing (I know not what) against me," and he intimates that he may possibly be compelled to shift his quarters to Bristol.

In 1727 Brice energetically took up the case of the treatment of insolvent debtors. In his Journal of 8 September appeared "The Case of Mr. Charles Lanyon, &c., of Newlyn, near Penzance, Merchant, a Prisoner in the Sheriff's Ward in St. Thomas's," with a copy of a letter to Mr. George Glanvill, gaoler of this prison, which had been disregarded by him; and a postscript commencing: "We have desired Mr. Brice, in pure Commiseration, to insert this Account in his Journal, that the World may be made sensible of our Sufferings."

On 20 October he contrasted the manner in which Dally, the keeper of Southgate Prison, treated those committed to his charge with that of Glanvill at St. Thomas's. "Be it known to my Country Readers, that that very worthy Governor is as distinguishable for Humanity, Good-nature, Charity, and Indulgence to the poor People under his Guard and Care, as He in St. Thomas's is for Revenge, Savageness, Cruelty, and a long et cœtera of abhorred Things which want a Name."

Brice doubtless had good cause to bring before the public the atrocious manner in which insolvent debtors were treated, but he did this in an intemperate manner, and with personal abuse that Glanvill could not allow to pass without placing the matter in the hands of his lawyer, and legal proceedings were taken against Brice.


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504 having been made to the House, as a printed Pamphlet, intituled The Postmaster, or the Loyal Mercury, Friday, November the 28th, 1718; Exon. Printed by Andrew Brice, at the head of the Serge Market in Southgate Street. Wherein the Resolutions and Proceedings of this House are falsely represented and printed, in Contempt of the Order, and in Breach of the Privilege of this House; the said Pamphlet was delivered in at the Clerk's Table; and several Paragraphs thereof being read: Ordered That the said Andrew Brice do attend this House upon Wednesday the 14th January."

On the day appointed Brice presented himself at the Bar, and it was ordered "that the said Andrew Brice be, for the said Breach of Privilege, taken into Custody of the Sergeant of Arms." Next day, having acknowledged his offence, "he was accordingly brought to the Bar: when he, upon his Knees, received a Reprimand from Mr. Speaker; and was discharged out of Custody, paying his Fees."

Brice introduced a new feature into his paper by devoting the first two pages to some tale or narrative of voyages, continued from week to week, in the style of the French feuilleton. His paper terminated its career on Friday, 23 April, 1725, owing to the imposition of a Stamp Duty of a penny for every whole sheet; but on the ensuing 3Oth April, in the same year, appeared a new journal from his press, entitled Brice's Weekly Journal, price twopence.

In the meantime Samuel Farley, an enterprising printer, had started a rival paper, Farley's Exeter Journal, and this seriously interfered with the sale of Brice's Journal. This led to bickering that reached a climax in 1726, when there ensued an open quarrel, and Brice was obliged to publish an apology. According to his own admission, he had acted in an injudicious


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 PREFACE The assassination of Abraham Lincoln startled and shocked the civilized world as few events have done in the whole course of human history. It occurred at a time when, by reason of the termination of the Civil War with the surrender of Lee at Appomattox, there was promise and hope of a more kindly feeling between the people of the two great sections of the country who, during a period of four years, had been arrayed against each other in deadly strife. The victors had granted magnanimous terms to the vanquished. The conciliatory and generous spirit shown by the Commanding General of the victo- rious armies in the hour of his crowning success, and to which he afterward gave expression in the famous de- claration, "Let us have peace," awakened hopeful re- sponse in the hearts of the conquered people. It was at this point of time, when better and brighter days seemed to be dawning for the whole country, that the tragedy of Lincoln's death aroused throughout the land. North and South, an excitement unparalleled in the nation's history. The victim of the assassin had become almost deified in the minds of the Northern people. The people of the South had learned to respect and honor him for his lofty virtues as a man, while conscientiously con- demning the administrative policies for which he stood. When the estimation in which he was held by the people is considered, it is not a matter to cause surprise, al- though to be deplored, that the news of the assassination excited for the time a feeling of bitterness more intense than had existed at any period during the bloody years of the Civil War. This feeling, deplorable but not alto- gether unnatural under the circumstances, was so ex- treme that, at first, a large number of the Northern people


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Rh to entertain or Employ the said Andrew Brice in any Business, or upon any Account, whatsoever; for, acting by the Advice of the Learned in the Law, I am resolved, upon Notice thereof to prosecute such as shall so do. If he returns not to my Business in a very short Time, I shall apply myself to the Magistrates of this City for Justice in this Case.

"N.B. I am inform'd his dependence is on Mr. Bishop; but I am greatly deceiv'd, if He is not a Person of more sense; and better understands what belongs to an Apprentice, than to encourage such a Rascal as shall so basely leave his Master without the least Cause. JOE BLISS."

What became of Brice during the next two years is not known, but in 1717 he was back in Exeter, for on 22 March of that year Bliss inserted the following paragraph in his Protestant Mercury: "N.B. Having received reiterated Assurances from several Gentlemen, that, notwithstanding that Villain Brice's Opposition against me, they are firmly resolved to continue in my Interest: To oblige them, therefore, and the rest of my Customers, I shall for the future publish my News on no worse Paper than this, Price One Penny. I can't forbear remarking, how that sorry Rascal has opened his Printing Press with a most rediculous and shabby Advertisement, and a shameful obscene bawdy Ballad, which deserves to be burnt. Curious Specimens of Rare Genius and Great Capacity."

It is evident from this that Brice had already taken up his permanent abode in Exeter, and had established himself there with a printing press of his own. His place of business was in Southgate Street, and he started a paper of his own, the Postmaster, or Loyal Mercury. In the "Journals of the House of Commons" we find under date 19 December, 1718: "Complaint


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DREW BRICE, an Exeter printer, was born 21 August, 1692, "in the house where Mary Hellier now lives [1719] near the Butcherow." He was educated to be a dissenting minister, and received a good grounding in classical studies. But owing to the pinched circumstances of his father, and probably also his own disinclination for the pastorate, he was withdrawn from school, and at the age of seventeen apprenticed to a printer. His earliest biographer states:—

"Mr. Bliss, a printer of Exeter, wanting a person capable of correcting the press, young Brice (aged 17) was proposed to, and accepted by him as an apprentice for the term of five years. However, having long before his service expired inconsiderately contracted marriage, and being unable to support a family of a wife and two children, he enlisted as a soldier in order to cancel his indentures; and, by the interest of his friends, very soon procured his discharge." Bliss in his paper, the Mercury, 30 December, 1715, inserted this advertisement: "Whereas Andrew Brice, who is my Lawful Apprentice, hath, without any Cause, in the midst of a Flush of Business, and when I was disabled by Illness from working myself, roguishly absconded and deserted my Service to my present great Loss of Businress [sic], and Damage, this is to forbid all Persons 502


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Rh by engaging them as his covenant-servants to perform gratis."

All the playing fraternity who visited Exeter became acquainted with Brice, and while valuing his hospitality and support, could not fail to notice and be amused at his eccentricities. When Garrick produced Colman's play, The Clandestine Marriage, in 1766, Dr. Oliver says: "There was some hesitation what tone would be most suitable to Lord Ogleby—it was decided at last that Mr. King should assume Mr. A. Brice's." The part, an important one, was originally intended for Garrick: but on his declining it, Mr. King was requested to undertake it. He at first hesitated, but finally consented, and made a great hit with it. "Mr. King—as Lord Ogleby—seemed to give a relief and glow to the character which was not intended by the author."

The character does not accord with what we know of Brice. Lord Ogleby is a hypochondriac, a fop, an aged flirt, who leers at the ladies and makes up his complexion. "I have rather too much of the lily this morning in my complexion," he says to his valet; "a faint tincture of the rose will give a delicate spirit to my eyes for the day." He converses in French, he chirps out stanzas, whilst twinged with rheumatism. "Love is the idol of my heart," says the old fop, "and the demon, interest, sinks before him." But that there is a strong vein of sarcasm in Lord Ogleby, there seems to be no element in the character that agrees with that of Brice.

We now arrive at the production of the Grand Gazetteer, the work upon which rests principally Brice's claim to literary celebrity. Upon it he expended much labour and money. "The very Books by us us'd in


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Translation talk:Hino Nacional do Brasil (free translation)

Mudei a tradução literal de cry para clamor, pois o sentido literal de cry é melancólico, ao oposto que clamor tem o mesmo sentido de brado ( e clamor em português).


text: 1911 Encyclopædia Britannica/Evelyn, John


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Sept., 1904 cloudy nights when they can not possibly see the Florida shores, and safely reach their destination, provided no change occurs in the weather. But if meantime the wind changes or a storm arises to throw them out of their reckoning, they become bewildered, lose their way, and fly toward the light-house beacon. Unless killed by striking the lantern, they hover near or alight on the balcony, to continue their flight when morning breaks, or, the storm ceasing, a clear sky allows them once more to determine the proper course.

Birds flying over the Gulf of Mexico to Louisiana, even if they ascended to the height of five miles, would still be unable to see a third of the way across. Nevertheless this trip is successfully made twice each year by countless thousands of the warblers of the Mississippi Valley.

A favorite belief of many American ornithologists is that coast lines, mountain chains, and especially the courses of the larger rivers and their tributaries, form well-marked highways along which birds return to previous nesting sites. According to this theory a bird breeding in northern Indiana would in its fall migration pass down its own little rivulet to the nearest creek, along this to the Wabash River, thence to the Ohio, and finally reaching the Mississippi, would follow its course to the Gulf of Mexico; and would use the same route reversed for the return trip in the spring. The fact is that each county in the Central States contains nesting birds, the different species of which at the beginning of the fall migration scatter toward half the points of the compass. Indeed, it would be safe to say "all the points of the compass," as some young herons preface their regular journey south with a little pleasure trip to the unexplored North.

In the fall thousands of birds reared in Indiana, Illinois and northwestward visit South Carolina and Georgia, cutting directly across the valley of the Ohio and the main chain of the Allegheny Mountains. Palm warblers from New England and others from the Northern Mississippi Valley both pass in the fall through Georgia, but by courses approximately at right angles to each other; and the Connecticut warbler seeks variety by choosing different routes for the spring and fall, each course in part being at right angles to the other. The truth seems to be that birds pay little attention to natural physical highways, except when large bodies of water force them to deviate from the desired course. Probably there are many short zigzags from one favored feeding spot to another, but the general course between the summer and winter homes is as straight as the birds can find without missing the usual stopping places.

Migration is a season full of peril for myriads of winged travelers, especially for those that cross large bodies of water. Some of the shore birds, such as the plover and curlew, which take long ocean voyages can rest on the waves if overtaken by storms, but woe to the luckless warbler whose feathers once become water-soaked!—a grave in the ocean or a burial in the sand of the beach is the inevitable result. Nor are such accidents infrequent. A few years ago on Lake Michigan a storm during spring migration piled many birds along the shore. If such a mortality could occur on a lake less than 100 miles wide, how much greater might it not be during a flight across the Gulf of Mexico. Such a catastrophe was once witnessed from the deck of a vessel 30 miles off the mouth of the Mississippi River. Large numbers of migrating birds, mostly warblers, had accomplished nine-tenths of their long flight and were nearing land when they were caught by a "norther" with which most of them were unable to contend, and falling into the Gulf were drowned by hundreds. During migration, birds are

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510 the composition … cost far above £100," he says. It was issued in forty-four shilling numbers, each consisting of thirty-two pages, and was begun in 1751, and the last number appeared in 1755. This was one of the earliest gazetteers published in England, and certainly the most important. Writing fifty years after its completion, Dyer, the Exeter bookseller, in 1805, termed it, at that date, "the best, the most comprehensive, and even the most learned Gazetteer in the English language"; but if we may trust Brice in the matter, he lost money on the publication.

His last published work was an heroic-comic poem entitled The Mobiad, being a description of an Exeter election "by Democritus Juvenal, Moral Professor of Ridicule and plaguy-pleasant Fellow of Stingtickle College; vulgarly Andrew Brice." London, 1770.

Dr. Brushfield has shown good reasons for attributing to Andrew Brice, assisted by Benjamin Bowring, of Chumleigh, the composition of The Exmoor Scolding and Courtship that first appeared in Brice's Journal.

Brice's latter days were spent in strife with his nephew, Thomas Brice, who was connected with the Exeter Journal, and with Mr. Andrews and B. Trewman, who had been employed in his printing office, and who left him and started a new paper on their own account, the Exeter Mercury.

He was a disappointed man in his family. He was twice married, but both his wives, and all his children, died before him. He himself died of general decay, at the age of eighty-three, on 7 November, 1773. In his will he desired that he might be attended to his grave


text: 1911 Encyclopædia Britannica/Evansville

title: 1911 Encyclopædia Britannica/Evansville


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Rh by his brother masons of St. John's Lodge. His remains were removed to the Apollo Room, where during his lifetime he had often presided at masonic gatherings, and there they were exposed for several days on show to the public, who were charged a shilling a head to view them. The money raised was to defray the expenses of his funeral.

On Sunday, 14 November, "the morrow of St. Brice's day," the interment took place in St. Bartholomew's churchyard. Two hundred members of various lodges, in masonic costume, and with all their regalia, together with several hundred of the inhabitants, walked in procession from the New Inn to the grave. A funeral elegy, written by J. E. Whitaker and set to music by J. E. Gaudry, was performed at the grave to the accompaniment of orchestral music. No monumental stone marks the spot where he lies, but the following epitaph, as suitable, is given by Polwhele:

Dr. Brushfield thus gives his appreciation of Andrew Brice: "The character of Andrew Brice, although very pronounced, is by no means an easy one to estimate or to describe. His natural good abilities, aided by a good education, placed him in a position far above his compeers, and we can well understand Polwhele's remark on the Parleys being 'no match for the learning and abilities of Brice.' That he possessed literary talents of a high order is shown by his article on Exeter in his Gazetteer. Of another order of


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Sept., 1904 there through the winter. Only adventurers out of some six species gain the South American mainland by completing the island chain. The reason seems not far to seek—scarcity of food. The total area of all the West Indies east of Porto Rico is a little less than that of Rhode Island. Should a small proportion only of the leathered inhabitants of the eastern part of the United States select this route, not even the luxuriant fauna and flora of the Tropics could supply their needs.

A still more direct route, but one requiring longer single flights, stretches from Florida to South America via Cuba and Jamaica. The 150 miles between Florida and Cuba are crossed by tens of thousands of birds of some sixty different species. About half the species take the next flight of ninety miles to the beautiful Jamaican mountains. Here a 500-mile stretch of islandless ocean confronts them, and scarcely a third of their number leave the forest-clad hills for the unseen beyond. Chief among these dauntless voyagers is the bobolink, fresh from despoiling the Carolina rice fields, waxed fat from his gormandizing, and so surcharged with energy that the 500-mile flight to South America on the way to the waving pampas of southern Brazil seems a small hardship. Indeed, many bobolinks appear to scorn the Jamaican resting point and to compass in a single flight the 700 miles from Cuba to South America. With the bobolink is an incongruous company of traveling companions—a vireo, a kingbird, and a night-hawk that summer in Florida; the queer chuck-will's-widow of the Gulf States; the New England cuckoos; the trim Alice thrush from Quebec; the cosmopolitan bank swallow from frozen Labrador, and the black poll warbler from far-off Alaska. But the bobolinks so far outnumber all the rest of the motley crew that the passage across the Caribbean Sea from Cuba to South America may with propriety be called the "bobolink route." Occasionally a mellow-voiced wood thrush joins the assemblage, or a green-gold tanager which will prepare in the winter home its next summer livery of flaming scarlet. But the "bobolink route" as a whole is not popular with other birds, and the many that traverse it are but a fraction of the thousands of North American birds that spend the winter holiday in South America.

The main traveled highway is that which stretches from northwestern Florida across the Gulf, continuing the southwest direction which most of the birds of the Atlantic coast follow in passing to Florida. A larger or smaller proportion of nearly all the species bound for South America take this roundabout course, quite regardless of the 700-mile flight over the Gulf of Mexico. It might seem more natural for the birds to make a leisurely trip along the Florida coast, take a short flight to Cuba, and thence a still shorter one of less than 100 miles to Yucatan—a route only a little longer and with much less of exposure. Indeed, the earlier naturalists, finding the same species both in Florida and in Yucatan, took this probable route for granted, and for years it has been noted in ornithological literature as one of the principal migration highways of North American birds. As a fact it is almost deserted except by a few swallows, some shore birds, and an occasional land bird storm-driven from its intended course, while over the Gulf route, night after night, for nearly eight months in the year, myriads of hardy migrants wing their way through the darkness toward an unseen destination.

West of the Florida route the Gulf is crossed by migrating birds at its widest point, from Louisiana southward. Still farther west, the numerous species of Plains and Rocky Mountains birds choose Mexico and Central America for the winter, and make a land journey of short stages that extends over several weeks.

As already stated, the longest migration route is taken by some of the wading birds, especially the American golden plover, the Eskimo curlew, and the turn-

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512, and as displaying his versatility in a praiseworthy direction, some of, his newspaper articles may be mentioned. But, on the other hand, when excited by political animosity or by private enmity, he appears to have thrown off all restraint, and as he was a master in the arts of vituperation, satire, and unscrupulous sneering, and coarse in his statements, we are not surprised to learn that he was constantly embroiled in literary and even in more active warfare. He was vigorous and thorough in all that he did; a model of plodding perseverance, as the circumstances of his early life have already demonstrated, a man of strong feelings and powerful resentment. Testy, painfully sensitive, never forgetting or forgiving an injury, and governed by strong impulses, whether for good or for evil. And yet, like those of a large class, his faults were far more patent to the world than were his virtues. His character was antithetic, powerful in extremes. Although a good fighter, even when on the losing side, he often acknowledged himself to be in the wrong. In his daily life no one was kinder, displayed more hospitality, or was more charitable all these good qualities were especially exhibited to his poorer relatives, as well as to the 'poor players.' Of him Dr. Oliver reports 'that he was a great favourite with his brother Exonians; he … was frank, humorous, and independent.' He calls him 'facetious,' a point of character on which Andrew appeared to pride himself, as he sometimes dubbed himself ’Merry Andrew,' at other times ’Andrew, surnamed Merry.' He certainly possessed strong individuality, and was eccentric in speech, in manner, and dress."

It often happens that what a man has done and least values is all that remains of him to be really appreciated in after times. So was it with Andrew Brice.


text: 1911 Encyclopædia Britannica/Evanston

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Rh His Gazetteer has long been superseded. But his Exmoor Scolding and Courtship, which he so little appreciated that he did not care to acknowledge his part authorship, has been printed and reprinted, and is valued to this day as one of the most important dialect works in the English language, and the two were published as a specimen of the folk-speech of the north-east of the county in 1879 by the English Dialect Society, edited by Mr. F. T. Elworthy. Of the various authorities for the life of Andrew Brice it is unnecessary here to speak; all have been superseded by the admirable monograph by Dr. Brushfield in the Transactions of the Devonshire Association, 1888. He has been able to correct many errors into which earlier biographers fell.

Several portraits of Brice exist, mainly line engravings. But the best is a mezzotint engraved by and published in 1781.


text: 1911 Encyclopædia Britannica/Evanson, Edward


text: Devonshire Characters and Strange Events/Andrew Brice, Printer


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122 before the middle of July, and fifty days for the trip will bring the earliest migrants to the Gulf States in September. Yet both old birds and young of the year have been seen by the middle of July at Key West, Fla., 500 miles south of the breeding range, on August 10 in Costa Rica, and on August 5 on the northern coast of South America. These dates prove conclusively that these early migrants south of the United States could not have been birds from the northern part of the range, but must have been those of the southern part.

Black-throated blue warblers reach Cuba in the fall at just about the time that other migrants of the species appear in North Carolina. The inference is that the arrivals in Cuba are the birds that nested in the southern Alleghenies, while those appearing in North Carolina are from the latitude of northern New England or beyond. Redstarts and summer warblers arrive on the northern coast of South America so early (August 27 to September 2) as to prove that they represent the southern breeding birds. Indeed, these representatives of the species are seen in South America at just about the time the earliest of the northern breeding birds reach Florida.

Recent investigations have also shown that many species of birds do not follow this "normal" order of migration. The most southern-bred Maryland yellow-throats are almost nonmigratory, residing throughout the year in Florida; those breeding in the middle districts migrate only a short distance, while those of Newfoundland go to the West Indies, passing directly over the winter home of their fellows in the South. The red-winged blackbirds of the middle of the range in northern Texas are almost stationary, but are joined in winter by migrant red-wings from the remote Mackenzie Valley. The palm warblers of the interior of Canada, in the course of their 3,000-mile journey from Great Slave Lake to Cuba, pass through the Gulf States early in October. After the bulk of these have passed, the palm warblers of the northeastern British provinces come slowly down to the Gulf States, and settle there for the winter, content with only a 1,500-mile trip. Some of the blackpoll warblers that pass in spring through Florida proceed northeast 1,000 miles to breed in northern New England, while others, traveling northwest more than 3,000 miles summer in Alaska. Among the Maryland yellow-throats that nest in western Pennsylvania are undoubtedly individuals that during the winter are scattered in the Gulf States, the West Indies, and even Central America. Enough examples have been given to show that no invariable rule, law, or custom exists in regard to the direction or distance of migration. The winter distribution can not be certainly determined from the summer home, nor does it positively indicate that home. Although a certain general tendency is observable, yet each species presents a separate problem, to be solved for the most part only by patient, painstaking observation and by the recognition of subspecies.

Spring migration has its own special features. No such synchronous movement occurs in the spring as has been described as "normal migration" in the fall. With many birds, possibly the majority of land birds, the first individuals of a species to appear in spring at a given locality are supposed to be old birds that nested there the previous year. The supposition is that these birds are followed by those that nested in the region just to the north; and that later, those of still more northern homes pass by; and that the last to appear will be those whose homes are in the most northern part of the breeding range. If, then, for any species, the southern nesting birds lead the van in both fall and spring migration, and the near guard in each case is composed of northern breeding birds, it follows that some time between October and April a transposal of their relative positions occurs; and that the more southern birds pass over the more northern ones, which

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140 I have looked carefully to find nests before and after these dates but have failed. Thus I would define their breeding time as the month of June, as most of my sets were found during that month and the majority during the first three weeks. During the six years of my observing this species I have collected forty-four sets of which eleven had two eggs each and thirty-three three eggs. The greater part of the sets of two were found at the end of the season, indicating a second set although I have been unable to prove this. A peculiarity was noticed in 1901, as the eight sets I collected all contained three eggs each. In all the above cases where only two eggs were collected the nests were always left long enough to complete the set; thus I am positive that the sets of two were complete. Several plover's nests were found before the eggs had been deposited and the nests carefully watched. The eggs are laid about three days apart.

The nesting ground is a white sandy cape or narrow strip of land between Ballona Swamp and the ocean about two miles long and two hundred yards wide. This place during the fall high tides is completely flooded and deposits of small rocks and broken shells are left there. Among these the plovers place their nests. On approaching it one may be attracted by noticing the little fellows running about on the sand in front of him, or occasionally flying in low wide circles uttering a pleading whistle so characteristic of this species. This whistle I have learned is a danger signal that I am near their nests, and on looking over the ground carefully I may be able to notice fine bird tracks in the white sand or in the patches of white sand between the shells and rocks.

In going over the ground carefully where the tracks are the thickest a nest will generally be found. Sometimes the birds will build among the small rocks where the tracks cannot be seen and here the eggs are safe as their coloration protects them, for they look exactly like small rocks. The nests are, as a rule, found by a mark of some kind, a bone of some animal, a small dead weed, or a bit of drift-wood and are slight depressions in the sand. Some are completely lined with broken shells or fish bones with the eggs pointed towards the center, very close together and about half buried in the nest lining. A pair of birds will build several nests during a season and only use one; for I have found nests all fixed up and completely surrounded with tracks. This I noticed especially in 1901 for I found about three times as many unused nests as used ones. During this season I visited Ballona about three times a week and gave the birds careful study.—W. LEE CHAMBERS, Santa Monica, California.

On November 8, the following amendment to Article IX of the Constitution of California is to be voted upon by the people. "Section 12. All property now or hereafter belonging to the 'California Academy of Sciences,' an institution for the advancement of science and maintenance of a free museum, and chiefly endowed by the late James Lick, and incorporated under the laws of the State of California, January sixteenth, eighteen hundred and seventy-one, having its buildings located in the city and county of San Francisco, shall be exempt from taxation. The trustees of said institution must annually report their proceedings and financial accounts to the governor. The legislature may modify, suspend, and revive at will the exemption from taxation herein given."

The California Academy of Sciences is a museum similar in scope to the United States National Museum in Washington and the American Museum in New York City; it maintains collections for popular instruction, which are open six days of the week and are free to the public; it maintains scientific collections and a scientific library, which are free to students; it publishes scientific papers without pecuniary profit; it sends out expeditions in search of new facts and new specimens; it gives free public lectures every month in the year; its staff answers inquiries relating to scientific matters, free of charge. The property of the academy consists chiefly of a building, fronting on Market Street, San Francisco, rented for stores and offices, and a building back of this front building used for the library and the collections of animals, plants, and minerals. The income from the front building supports the back building; without this income the work of the Academy could not be carried on. The Academy pays over $7000 a year in taxes; of this amount less than one-third goes to the state at large, the rest to the city and county of San Francisco. This tax impoverishes the Academy, the balance of its income being insufficient to do its work. Similar institutions in other states, such as the Academy of Natural Sciences of Philadelphia and the Boston Society of Natural History are exempt from taxation. The attention of all Cooper Club members, who may reside in California, is called to the amendment. Everyone who is interested in the advancement of science in California should do his or her little toward influencing a favorable vote. It is suggested that those who receive printed

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 from 1818 to 1824. From 1825 to 1829, during the presidency of John Quincy Adams, he was the United States minister to Spain. At that time Spain recognized none of the governments established by her revolted colonies, and Everett became the medium of all communications between the Spanish government and the several nations of Spanish origin which had been established, by successful revolutions, on the other side of the ocean. Everett was a member of the Massachusetts legislature in 1830–1835, was president of Jefferson College in Louisiana in 1842–1844, and was appointed commissioner of the United States to China in 1845, but did not go to that country until the following year, and died on the 29th of May 1847 at Canton, China. Everett, however, is known rather as a man of letters than as a diplomat. In addition to numerous articles, published chiefly in the North American Review, of which he was the editor from 1829 to 1835, he wrote: Europe, or a General Survey of the Political Situation of the Principal Powers, with Conjectures on their Future Prospects (1822), which attracted considerable attention in Europe and was translated into German, French and Spanish; New Ideas on Population (1822); America, or a General Survey of the Political Situation of the Several Powers of the Western Continent, with Conjectures on their Future Prospects (1827), which was translated into several European languages; a volume of Poems (1845); and Critical and Miscellaneous Essays (first series, 1845; second series, 1847).  EVERETT, CHARLES CARROLL (1829–1900), American divine and philosopher, was born on the 19th of June 1829, at Brunswick, Maine. He studied at Bowdoin College, where he graduated in 1850, after which he proceeded to Berlin. Subsequently he took a degree in divinity at the Harvard Divinity School. From 1859 to 1869 he was pastor of the Independent Congregational (Unitarian) church at Bangor, Maine. This charge he resigned to take the Bussey professorship of theology at Harvard University, and, in 1878, became dean of the faculty of theology. Interested in a variety of subjects, he devoted himself chiefly to the philosophy of religion, and published The Science of Thought (Boston, 1869; revised 1891). He also wrote Fichte’s Science of Knowledge (1884); Poetry, Comedy and Duty (1888); Religions before Christianity (1883); Ethics for Young People (1891); The Gospel of Paul (1892). He died at Cambridge on the 16th of October 1900.  EVERETT, EDWARD (1794–1865), American statesman and orator, was born in Dorchester, Massachusetts, on the 11th of April 1794. He was the son of Rev. Oliver Everett and the brother of (q.v.). His father died in 1802, and his mother removed to Boston with her family after her husband’s death. At seventeen Edward Everett graduated from Harvard College, taking first honours in his class. While at college he was the chief editor of The Lyceum, the earliest in the series of college journals published at the American Cambridge. His earlier predilections were for the study of law, but the advice of Joseph Stevens Buckminster, a distinguished preacher in Boston, led him to prepare for the pulpit, and as a preacher he at once distinguished himself. He was called to the ministry of the Brattle Street church (Unitarian) in Boston before he was twenty years old. His sermons attracted wide attention in that community, and he gained a considerable reputation as a theologian and a controversialist by his publication in 1814 of a volume entitled Defence of Christianity, written in answer to a work, The Grounds of Christianity Examined (1813), by George Bethune English (1787–1828), an adventurer, who, born in Cambridge, Massachusetts, was in turn a student of law and of theology, an editor of a newspaper, and a soldier of fortune in Egypt. Everett’s tastes, however, were then, as always, those of a scholar; and in 1815, after a service of little more than a year in the pulpit, he resigned his charge to accept a professorship of Greek literature in Harvard College.

After nearly five years spent in Europe in preparation, he entered with enthusiasm on his duties, and, for five years more, gave a vigorous impulse, not only to the study of Greek, but to all the work of the college. In January 1820 he assumed the charge of the North American Review, which now became a quarterly; and he was indefatigable during the four years of his editorship in contributing on a great variety of subjects. From 1825 to 1835 he was a member of the National House of Representatives, supporting generally the administration of President J. Q. Adams and opposing that of Jackson, which succeeded it. He bore a part in almost every important debate, and was a member of the committee of foreign affairs during the whole time of his service in Congress. Everett was a member of nearly all the most important select committees, such as those on the Indian relations of the state of Georgia, the Apportionment Bill, and the Bank of the United States, and drew the report either of the majority or the minority. The report on the congress of Panama, the leading measure of the first session of the Nineteenth Congress, was drawn up by Everett, although he was the youngest member of the committee and had just entered Congress. He led the unsuccessful opposition to the Indian policy of General Jackson (the removal of the Cherokee and other Indians, without their consent, from lands guaranteed to them by treaty).

In 1835 he was elected governor of Massachusetts. He brought to the duties of the office the untiring diligence which was the characteristic of his public life. We can only allude to a few of the measures which received his efficient support, e.g. the establishment of the board of education (the first of such boards in the United States), the scientific surveys of the state (the first of such public surveys), the criminal law commission, and the preservation of a sound currency during the panic of 1837.

Everett filled the office of governor for four years, and was then defeated by a single vote, out of more than one hundred thousand. The election is of interest historically as being the first important American election where the issue turned on the question of the prohibition of the retail sale of intoxicating liquors. In the following spring he made a visit with his family to Europe. In 1841, while residing in Florence, he was named United States minister to Great Britain, and arrived in London to enter upon the duties of his mission at the close of that year. Great questions were at that time open between the two countries—the north-eastern boundary, the affair of M‘Leod, the seizure of American vessels on the coast of Africa, in the course of a few months the affair of the “Creole,” to which was soon added the Oregon question. His position was more difficult by reason of the frequent changes that took place in the department at home, which, in the course of four years, was occupied successively by Messrs Webster, Legaré, Upshur, Calhoun and Buchanan. From all these gentlemen Everett received marks of approbation and confidence.

By the institution of the special mission of Lord Ashburton, however, the direct negotiations between the two governments were, about the time of Everett’s arrival in London, transferred to Washington, though much business was transacted at the American legation in London.

Immediately after the accession of Polk to the presidency Everett was recalled. From January 1846 to 1849, as the successor of Josiah Quincy, he was president of Harvard College. On the death, in October 1852, of his friend Daniel Webster, to whom he had always been closely attached, and of whom he was always a confidential adviser, he succeeded him as secretary of state, which post he held for the remaining months of Fillmore’s administration, leaving it to go into the Senate in 1853, as one of the representatives of Massachusetts. Under the work of the long session of 1853–1854 his health gave way. In May 1854 he resigned his seat, on the orders of his physician, and retired to what was called private life.

But, as it proved, the remaining ten years of his life most widely established his reputation and influence throughout America. As early as 1820 he had established a reputation as an orator, such as few men in later days have enjoyed. He was frequently invited to deliver an “oration” on some topic of historical or other interest. With him these “orations,” instead of being the ephemeral entertainments of an hour, became careful studies of some important theme. Eager to avert, if possible, the impending conflict of arms between the North and South, Everett

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text:
Security Procedures Established Pursuant to CIPA by the Chief Justice of the United States

. Purpose.
 * The purpose of these procedures is to meet the requirements of Section 9(a) of the Classified Information Procedures Act of 1980, Pub. L. 96–456, 94 Stat. 2025, which in pertinent part provides that:

“. . . [T]he Chief Justice of the United States, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, shall prescribe rules establishing procedures for the protection against unauthorized disclosure of any classified information in the custody of the United States district courts, courts of appeal, or Supreme Court. . . .”
 * These procedures apply in all proceedings in criminal cases involving classified information, and appeals therefrom, before the United States district courts, the courts of appeal and the Supreme Court.

. Court Security Officer.
 * In any proceeding in a criminal case or appeal therefrom in which classified information is within, or reasonably expected to be within, the custody of the court, the court shall designate a court security officer. The Attorney General or the Department of Justice Security Officer, with the concurrence of the head of the agency or agencies from which the classified information originates, or their representatives, shall recommend to the court persons qualified to serve as court security officer. The court security officer shall be selected from among those persons so recommended.

 * The court security officer shall be an individual with demonstrated competence in security matters, and shall, prior to designation, have been certified to the court in writing by the Department of Justice Security Officer as cleared for the level and category of classified information that will be involved. The court security officer may be an employee of the Executive Branch of the Government detailed to the court for this purpose. One or more alternate court security officers, who have been recommended and cleared in the manner specified above, may be designated by the court as required.

 * The court security officer shall be responsible to the court for document, physical, personnel and communications security, and shall take measures reasonably necessary to fulfill these responsibilities. The court security officer shall notify the court and the Department of Justice Security Officer of any actual, attempted, or potential violation of security procedures.

. Secure Quarters.
 * Any in camera proceeding—including a pretrial conference, motion hearing, or appellate hearing—concerning the use, relevance, or admissibility of classified information, shall be held in secure quarters recommended by the court security officer and approved by the court.

 * The secure quarters shall be located within the Federal courthouse, unless it is determined that none of the quarters available in the courthouse meets, or can reasonably be made equivalent to, security requirements of the Executive Branch applicable to the level and category of classified information involved. In that event, the court shall designate the facilities of another United States Government agency, recommended by the court security officer, which is located within the vicinity of the courthouse, as the site of the proceedings.

 * The court security officer shall make necessary arrangements to ensure that the applicable Executive Branch standards are met and shall conduct or arrange for such inspection of the quarters as may be necessary. The court security officer shall, in consultation with the United States Marshal, arrange for the installation of security devices and take such other measures as may be necessary to protect against any unauthorized access to classified information. All of the aforementioned activity shall be conducted in a manner which does not interfere with the orderly proceedings of the court. Prior to any hearing or other proceeding, the court security officer shall certify in writing to the court that the quarters are secure.

. Personnel Security—Court Personnel.
 * No person appointed by the court or designated for service therein shall be given access to any classified information in the custody of the court, unless such person has received a security clearance as provided herein and unless access to such information is necessary for the performance of an official function. A security clearance for justices and judges is not required, but such clearance shall be provided upon the request of any judicial officer who desires to be cleared.

 * The court shall inform the court security officer or the attorney for the government of the names of court personnel who may require access to classified information. That person shall then notify the Department of Justice Security Officer, who shall promptly make arrangements to obtain any necessary security clearances and shall approve such clearances under standards of the Executive Branch applicable to the level and category of classified information involved. The Department of Justice Security Officer shall advise the court in writing when the necessary security clearances have been obtained.

 * If security clearances cannot be obtained promptly, personnel in the Executive Branch having the necessary clearances may be temporarily assigned to assist the court. If a proceeding is required to be recorded and an official court reporter having the necessary security clearance is unavailable, the court may request the court security officer or the attorney for the government to have a cleared reporter from the Executive Branch designated to act as reporter in the proceedings. The reporter so designated shall take the oath of office as prescribed by 28 U.S.C. § 753 (a).

 * Justices, judges and cleared court personnel shall not disclose classified information to anyone who does not have a security clearance and who does not require the information in the discharge of an official function. However, nothing contained in these procedures shall preclude a judge from discharging his official duties, including giving appropriate instructions to the jury.

 * Any problem of security involving court personnel or persons acting for the court shall be referred to the court for appropriate action.

. Persons Acting for the Defendant.
 * The government may obtain information by any lawful means concerning the trustworthiness of persons associated with the defense and may bring such information to the attention of the court for the court’s consideration in framing an appropriate protective order pursuant to Section 3 of the Act.

. Jury.
 * Nothing contained in these procedures shall be construed to require an investigation or security clearance of the members of the jury or interfere with the functions of a jury, including access to classified information introduced as evidence in the trial of a case.

 * After a verdict has been rendered by a jury, the trial judge should consider a government request for a cautionary instruction to jurors regarding the release or disclosure of classified information contained in documents they have reviewed during the trial.

. Custody and Storage of Classified Materials.

 * . Materials Covered.
 * These security procedures apply to all papers, documents, motions, pleadings, briefs, notes, records of statements involving classified information, notes relating to classified information taken during in camera proceedings, orders, affidavits, transcripts, untranscribed notes of a court reporter, magnetic recordings, or any other submissions or records which contain classified information as the term is defined in Section 1(a) of the Act, and which are in the custody of the court. This includes, but is not limited to (1) any motion made in connection with a pretrial conference held pursuant to Section 2 of the Act, (2) written statements submitted by the United States pursuant to Section 4 of the Act, (3) any written statement or written notice submitted to the court by the defendant pursuant to Section 5(a) of the Act, (4) any petition or written motion made pursuant to Section 6 of the Act, (5) any description of, or reference to, classified information contained in papers filed in an appeal, pursuant to Section 7 of the Act and (6) any written statement provided by the United States or by the defendant pursuant to Section 8(c) of the Act.

 * . Safekeeping.
 * Classified information submitted to the court shall be placed in the custody of the court security officer who shall be responsible for its safekeeping. When not in use, the court security officer shall store all classified materials in a safe or safe-type steel file container with built-in, dial-type, three position, changeable combinations which conform to the General Services Administration standards for security containers. Classified information shall be segregated from other information unrelated to the case at hand by securing it in a separate security container. If the court does not possess a storage container which meets the required standards, the necessary storage container or containers are to be supplied to the court on a temporary basis by the appropriate Executive Branch agency as determined by the Department of Justice Security Officer. Only the court security officer and alternate court security officer(s) shall have access to the combination and the contents of the container unless the court, after consultation with the security officer, determines that a cleared person other than the court security officer may also have access.

 * For other than temporary storage (e.g., brief court recess), the court security officer shall insure that the storage area in which these containers shall be located meets Executive Branch standards applicable to the level and category of classified information involved. The secure storage area may be located within either the Federal courthouse or the facilities of another United States Government agency.

 * . Transmittal of Classified Information.
 * During the pendency of a trial or appeal, classified materials stored in the facilities of another United States Government agency shall be transmitted in the manner prescribed by the Executive Branch security regulations applicable to the level and category of classified information involved. A trust receipt shall accompany all classified materials transmitted and shall be signed by the recipient and returned to the court security officer.

. Operating Routine.

 * . Access to Court Records.
 * Court personnel shall have access to court records only as authorized. Access to classified information by court personnel shall be limited to the minimum number of cleared persons necessary for operating purposes. Access includes presence at an in camera hearing or any other proceeding during which classified information may be disclosed. Arrangements for access to classified information in the custody of the court by court personnel and persons acting for the defense shall be approved in advance by the court, which may issue a protective order concerning such access.

 * Except as otherwise authorized by a protective order, persons acting for the defendant will not be given custody of classified information provided by the government. They may, at the discretion of the court, be afforded access to classified information provided by the government in secure quarters which have been approved in accordance with § 3 of these procedures, but such classified information shall remain in the control of the court security officer.

 * . Telephone Security.
 * Classified information shall not be discussed over standard commercial telephone instruments or office intercommunication systems.

 * . Disposal of Classified Material.
 * The court security officer shall be responsible for the secure disposal of all classified materials which are not otherwise required to be retained.

. Records Security.

 * . Classification Markings.
 * The court security officer, after consultation with the attorney for the government, shall be responsible for the marking of all court documents containing classified information with the appropriate level of classification and for indicating thereon any special access controls that also appear on the face of the document from which the classified information was obtained or that are otherwise applicable.

 * Every document filed by the defendant in the case shall be filed under seal and promptly turned over to the court security officer. The court security officer shall promptly examine the document and, in consultation with the attorney for the government or representative of the appropriate agency, determine whether it contains classified information. If it is determined that the document does contain classified information, the court security officer shall ensure that it is marked with the appropriate classification marking. If it is determined that the document does not contain classified information, it shall be unsealed and placed in the public record. Upon the request of the government, the court may direct that any document containing classified information shall thereafter be protected in accordance with § 7 of these procedures.

 * . Accountability System.
 * The court security officer shall be responsible for the establishment and maintenance of a control and accountability system for all classified information received by or transmitted from the court.

. Transmittal of the Record on Appeal.
 * The record on appeal, or any portion thereof, which contains classified information shall be transmitted to the court of appeals or to the Supreme Court in the manner specified in § 7(c) of these procedures.

. Final Disposition.
 * Within a reasonable time after all proceedings in the case have been concluded, including appeals, the court shall release to the court security officer all materials containing classified information. The court security officer shall then transmit them to the Department of Justice Security Officer who shall consult with the originating agency to determine the appropriate disposition of such materials. Upon the motion of the government, the court may order the return of the classified documents and materials to the department or agency which originated them. The materials shall be transmitted in the manner specified in § 7(c) of these procedures and shall be accompanied by the appropriate accountability records required by § 9(b) of these procedures.

. Expenses.
 * Expenses of the United States Government which arise in connection with the implementation of these procedures shall be borne by the Department of Justice or other appropriate Executive Branch agency.

. Interpretation.
 * Any question concerning the interpretation of any security requirement contained in these procedures shall be resolved by the court in consultation with the Department of Justice Security Officer and the appropriate Executive Branch agency security officer.

. Term.
 * These procedures shall remain in effect until modified in writing by The Chief Justice after consultation with the Attorney General of the United States, the Director of Central Intelligence, and the Secretary of Defense.

. Effective Date.
 * These procedures shall become effective forty-five days after the date of submission to the appropriate Congressional Committees, as required by the Act.

Issued this 12th day of February, 1981, after taking into account the views of the Attorney General of the United States, the Director of Central Intelligence, and the Secretary of Defense, as required by law.

Chief Justice of the United States , February 12, 1981.


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 prepared an “oration” on George Washington, which he delivered in every part of America. In this way, too, he raised more than one hundred thousand dollars, for the purchase of the old home of Washington at Mount Vernon. Everett also prepared for the Encyclopaedia Britannica a biographical sketch of Washington, which was published separately in 1860. In 1860 Everett was the candidate of the short-lived Constitutional-Union party for the vice-presidency, on the ticket with (q.v.), but received only 39 electoral votes. During the Civil War he zealously supported the national government and was called upon in every quarter to speak at public meetings. He delivered the last of his great orations at Gettysburg, after the battle, on the consecration of the national cemetery there. On the 9th of January 1865 he spoke at a public meeting in Boston to raise funds for the southern poor in Savannah. At that meeting he caught cold, and the immediate result was his death on the 15th of January 1865.

In Everett’s life and career was a combination of the results of diligent training, unflinching industry, delicate literary tastes and unequalled acquaintance with modern international politics. This combination made him in America an entirely exceptional person. He was never loved by the political managers; he was always enthusiastically received by assemblies of the people. He would have said himself that the most eager wish of his life had been for the higher education of his countrymen. His orations have been collected in four volumes (1850–1859). A work on international law, on which he was engaged at his death, was never finished. Allibone records 84 titles of his books and published addresses.

 EVERETT, a city of Middlesex county, Massachusetts, U.S.A., adjoining Chelsea and 3 m. N. of Boston, of which it is a residential suburb. Pop. (1880) 4159; (1890) 11,068; (1900) 24,336, of whom 6882 were foreign-born; (1910 census) 33,484. It covers an area of about 3 sq. m. and is served by the Boston & Maine railway and by interurban electric lines. Everett has the Frederick E. Parlin memorial library (1878), the Shute memorial library (1898), the Whidden memorial hospital and Woodlawn cemetery (176 acres). The principal manufactures are coke, chemicals and boots and shoes; among others are iron and structural steel. According to the U.S. Census of Manufactures (1905), “the coke industry in Everett is unique, inasmuch as illuminating gas is the primary product and coke really a by-product, while the coal used is brought from mines located in Nova Scotia.” The value of the city’s total factory product increased from $4,437,180 in 1900 to $6,135,650 in 1905 or 38.3%. Everett was first settled about 1630, remaining a part of Malden (and being known as South Malden) until 1870, when it was incorporated as a township. It was chartered as a city in 1892.  EVERETT, a city, a sub-port of entry, and the county-seat of Snohomish county, Washington, U.S.A., on Puget Sound, at the mouth of the Snohomish river, about 35 m. N. of Seattle. Pop. (1900) 7838; (1910 U.S. census) 24,814. The city is served by the Northern Pacific and the Great Northern railways, being the western terminus of the latter’s main transcontinental line, by interurban electric railway, and by several lines of Sound and coasting freight and passenger steamboats. Everett has a fine harbour with several large iron piers. Among its principal buildings are a Carnegie library, a Y.M.C.A. building and two hospitals. The buildings of the Pacific College were erected here by the United Norwegian Lutheran Church in 1908. The city is in a rich lumbering, gardening, farming, and copper-, gold- and silver-mining district. There is a U.S. assayer’s office here, and there are extensive shipyards, a large paper mill, iron works, and, just outside the city limits, the smelters of the American Smelters Securities Company, in connexion with which is one of the two plants in the United States for saving arsenic from smelter fumes. Lumber interests, however, are of most importance, and here are some of the largest lumber plants in the Pacific Northwest. Red-cedar shingles are an important product. Everett was settled in 1891 and was incorporated in 1893. Its rapid growth is due to its favourable situation as a commercial port, its transportation facilities, and its nearness to extensive forests whence the material for its chief industries is obtained.  EVERGLADES, an American lake, about 8000 sq. m. in area, in which are numerous half-submerged islands; situated in the southern part of Florida, U.S.A., in Lee, De Soto, Dade and St Lucie counties. West of it is the Big Cypress Swamp. The floor of the lake is a limestone basin, extending from Lake Okechobee in the N. to the extreme S. part of the state, and the lake varies in depth from 1 to 12 ft., its water being pure and clear. The surface is above tide level, and the lake is enclosed, probably on all sides, within an outcropping limestone rim, averaging about 10 ft. above mean low tide, and approaching much nearer to the Atlantic on the E. than to the gulf on the W. There are several small outlets, such as the Miami river and the New river on the E. and the Shark river on the S.W., but no streams empty into the Everglades, and the water-supply is furnished by springs and precipitation. There is a general south-easterly movement of the water. The soil of the islands is very fertile and is subject to frequent inundations, but gradually the water area is being replaced by land. The vegetation is luxuriant, the live oak, wild lemon, wild orange, cucumber, papaw, custard apple and wild rubber trees being among the indigenous species; there are, besides, many varieties of wild flowers, the orchids being especially noteworthy. The fauna is also varied; the otter, alligator and crocodile are found, also the deer and panther, and among the native birds are the ibis, egret, heron and limpkin. There are two seasons, wet and dry, but the climate is equable.

Systematic exploration has been prevented by the dense growth of saw grass (Cladium effusum), a kind of sedge, with sharp, saw-toothed leaves, which grows everywhere on the muck-covered rock basin and extends several feet above the shallow water. The first white man to enter the region was Escalente de Fontenada, a Spanish captive of an Indian chief, who named the lake Laguno del Espiritu Santo and the islands Cayos del Espiritu Santo. Between 1841 and 1856 various United States military forces penetrated the Everglades for the purpose of attacking and driving out the Seminoles, who took refuge here. The most important explorations during the later years of the 19th century were those of Major Archie P. Williams in 1883, James E. Ingraham in 1892 and Hugh L. Willoughby in 1897. The Seminole Indians were in 1909 practically the only inhabitants. In 1850 under the “Arkansas Bill,” or Swamp and Overflow Act, practically all of the Everglades, which the state had been urging the federal government to drain and reclaim, were turned over to the state for that purpose, with the provision that all proceeds from such lands be applied to their reclamation. A board of trustees for the Internal Improvement Fund, created in 1855 and having as members ex officio the governor, comptroller, treasurer, attorney-general and commissioner-general, sold and allowed to railway companies much of the grant. Between 1881 and 1896 a private company owning 4,000,000 acres of the Everglades attempted to dig a canal from Lake Okechobee through Lake Hicpochee and along the Caloosahatchee river to the Gulf of Mexico; the canal was closed in 1902 by overflows. Six canals were begun under state control in 1905 from the lake to the Atlantic, the northernmost at Jensen, the southernmost at Ft. Lauderdale; the total cost, estimated at $1,035,000 for the reclamation of 12,500 sq. m., is raised by a drainage tax (not to exceed 10 cents per acre) levied by the trustees of the Internal Improvement Fund and Board of Drainage commissioners. The small area reclaimed prior to that year (1905) was found very fertile and particularly adapted to raising sugar-cane, oranges and garden truck.

See Hugh L. Willoughby’s Across the Everglades (Philadelphia, 1898), and especially an article “The Everglades of Florida” by Edwin A. Dix and John M. MacGonigle, in the Century Magazine for February 1905.

 EVERGREEN, a general term applied to plants which are always in leaf, as contrasted with deciduous trees which are bare for some part of the year (see ). In

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 PREFACE. xiii by a Mr. Matthew Raper, and presented by him to the Royal Society, of which he was a Fellow, on January 10th, 1788. The manuscript is in excellent preservation, but we do not know by whom the version was made. It was pre- sented, as stated in the Introduction, p. 12, to Mr. Raper by P. de Grammont, ' Missionarius Apostolicus, ex-Jesuita.' The chief object of the translator or translators was to ' show that 'the Mysteries of the Most Holy Trinity and of the Incarnate God were anciently known to the Chinese nation.' The version as a whole is of little value. The reader will find, on pp. 115, 116, its explanation of Lao's seventy-second chapter; the first morsel of it that has appeared in print. Protestant missions to China commenced in 1807; but it was not till 1868 that the Rev. Dr. Chalmers, a member of one of them, published his 'Speculations on Metaphysics, Polity, and Morality of "The Old Philosopher," Lao-Tsze.' Meanwhile, Abel Remusat had aroused the curiosity of scholars throughout Europe, in 1823, by his 'Memoir on the Life and Opinions of Lao-Tseu, a Chinese Philosopher of the sixth century before our era, who professed the opinions commonly attributed to Pythagoras, to Plato, and to their disciples.' Remusat was followed by one who had received from him his first lessons in Chinese, and had be- come a truly great Chinese scholar, the late Stanislas Julien. He published in 1842 'a complete translation for the first time of this memorable Work, which is regarded with reason as the most profound, the most abstract, and the most difficult of all Chinese Literature.' Dr. Chalmers's translation was also complete, but his comments, whether original or from Chinese sources, were much fewer than those supplied by Julien. Two years later, two German versions of the Treatise were published at Leipzig; by Reinhold von Planckner and Victor von Strauss, differing much from each other, but both marked by originality and ability. I undertook myself, as stated above, in 1879 to translate for 'The Sacred Books of the East' the Texts of Taoism


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 CH. II. INTRODUCTION. 7 our era began. Kwang-jze is in the same list in fifty-two books or sections, the greater part of which have happily escaped the devouring tooth of time. We turn now to the twentieth chapter of Khiens Biographies, in which he gives an account of Yo I, the scion of a distinguished family, and who himself played a famous part, both as a politician and military leader, and became prince of Wang-kû under the kingdom of Kao in B.C. 279. Among his descendants was a Yo Khăn, who learned in Khî the words,' that is, the Taoistic writings 'of Hwang-Ti and Lăo-jze from an old man who lived on the Ho-side.' The origin of this old man was not known, but Yo Khăn taught what he learned from him to a Mr. Ko, who again became preceptor to 3hao 3han, the chief minister of Khî, and afterwards of the new dynasty of Han, dying in B.C. 190. 5. Referring now to the catalogue of the Imperial Library of the dynasty of Sui (A.D. 589-618), we find that The catalogue it contained many editions of Lao's treatise of the Sui dynasty. with commentaries. The first mentioned is 'The Tao Teh King,' with the commentary of the old man of the Ho-side, in the time of the emperor Wăn of Han (B.C. 179-142). It is added in a note that the dynasty of Liang (A.D. 502-556) had possessed the edition of 'the old man of the Ho-side, of the time of the Warring States; but that with some other texts and commentaries it had disappeared.' I find it difficult to believe that there had been two old men of the Ho-side 1, both teachers of Taoism and commentators on our King, but I am willing to con- tent myself with the more recent work, and accept the copy that has been current say from B.C. 150, when Sze-ma Khien could have been little more than a boy. Taoism was a favourite study with many of the Han emperors and their ladies. Hwai-nan 3ze, of whose many quotations from

1 The earlier old man of the Ho-side is styled in Chinese 3m p y^ yV the other ^JjT I" ^L; but the designations have the same meaning. Some critical objections to the genuineness of the latter's commentary on the ground of the style are without foundation.


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 CH. III. INTRODUCTION. 25

to unfold the treasures of his knowledge to the sovereign, but at last his reluctance is overcome, and he says to him, 'Come, and I will tell you about the Perfect Tao. Its essence is surrounded with the deepest obscurity; its highest reach is in darkness and silence. There is nothing to be seen, nothing to be heard. When it holds the spirit in its arms in stillness, then the bodily form will of itself become correct. You must be still, you must be pure; not subjecting your body to toil, not agitating your vital force:-then you may live for long. When your eyes see nothing, your ears hear nothing, and your mind knows nothing, your spirit will keep your body, and the body will live long. Watch over what is within you; shut up the avenues that connect you with what is external; much knowledge is pernicious. I will proceed with you to the summit of the Grand Brilliance, where we come to the bright and expanding (element); I will enter with you the gate of the dark and depressing element. There heaven and earth have their Controllers; there the Yin and Yang have their Repositories. Watch over and keep your body, and all things will of themselves give it vigour. I maintain the (original) unity (of these elements). In this way I have cultivated myself for 1200 years, and my bodily form knows no decay.' Add 1200 to 2679, and we obtain 3879 as the year B.C. of Kwang Khăng- jze's birth! 6. Lao-^ze describes some other and kindred results of cultivating the Tao in terms which are sufficiently startling, Startling results and which it is difficult to accept. In his of the Tao. fiftieth chapter he says, 'He who is skilful in managing his life travels on land without having to shun rhinoceros or tiger, and enters a host without having to avoid buff coat or sharp weapon. The rhinoceros finds no place in him into which to thrust its horn, nor the tiger a place in which to fix its claws, nor the weapon a place to admit its point. And for what reason? Because there is in him no place of death.' To the same effect he says in his fifty-fifth chapter, ' He who has in himself abundantly the attributes (of the Tao) is like an infant. Poisonous


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 CH. V.   INTRODUCTION. 43

vanities and in despair from its disorders. Lao would appear to have himself contemplated this course. When their representatives of our early centuries saw the Bud- dhists among them with their images, monasteries, and nunneries, their ritual and discipline, they proceeded to organise themselves after a similar fashion. They built monasteries and nunneries, framed images, composed litur- gies, and adopted a peculiar mode of tying up their hair. The 'Three Precious Ones' of Buddhism, emblematic to the initiated of Intelligence personified in Buddha, the Law, and the Community or Church, but to the mass of the worshippers merely three great idols, styled by them Buddha Past, Present, and To Come: these appeared in Taoism as the 'Three Pure Ones,' also represented by three great images, each of which receives the title of 'His Celestial Eminence,' and is styled the 'Most High God (Shang Ti).' The first of them is a deification of Chaos, the second, of Lao-jze, and the third of I know not whom or what; perhaps of the Tao. But those Three Pure Ones have been very much cast into the shade, as the objects of popular worship and vene- ration, by Yü Hwang Ti or Yü Hwang Shang Ti. This personage appears to have been a member of the Kang clan, held to be a magician and venerated from the time of the Thang dynasty, but deified in 1116 by the Sung emperor Hui 3ung at the instigation of a charlatan Lin Ling-sû, a renegade Buddhist monk. He is the god in the court of heaven to whom the spirits of the body and of the hearth in our treatise proceed at stated times to report for approval or condemnation the conduct of men. Since the first publication of the Kan Ying Phien, the tenets of Buddhism have been still further adopted by the teachers of Taoism, and shaped to suit the na- ture of their own system. I have observed that the idea of retribution in our treatise does not go beyond the present life; but the manifestoes of Taoism of more recent times are much occupied with descriptions of the courts of purgatory and threatenings of the everlasting misery of hell to those whom their sufferings in those courts


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Rh the leech, and tore away the bandages, and bled to death.

Daniel Alley was buried on the 8th day of August, 1605, and Sir John Fitz on the 10th, and "because he was a Gentleman borne and of good kindred, hee was buried in the Chancell at Twickenham." The representative of the Fitz family was now his little daughter Mary, whose story is also sufficiently curious to deserve a place here.

The authority for the story of Sir John Fitz's death is The Bloudie Booke; or, the Tragical End of Sir John Fitz. London, 1605. Probably enough written by a chaplain to the Earl of Northumberland, then at Sion House, who hearing of what had happened, sent this chaplain to Twickenham, and to Sir John, at the "Anchor," "To put him in mind what he had done and persuade him to repent."


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Rh from school and sheltered among some gipsies. He contracted such a love for their vagrant life, and such satisfaction from the applause he got for thefts that manifested low cunning, that nothing would induce him to abandon their mode of life and return to civilization. Here is the description of the hero, as sent forth into the world with Mr. Carew's sanction:— "The Stature of our Hero is tall and majestic, his Limbs strong and well proportioned, his Features regular, his Countenance open and ingenuous, bearing all those characteristical Marks which Physiognomists assert denote an honest and good-natured Mind; and tho' Hardships, and even Age itself (he being now sixty) have made some Alterations in his Features, yet we venture to compare his Countenance with Mr. Thomas Jones's, tho' the Author of that Gentleman's Life asserts he is the finest Figure he ever beheld." He was an adept at all sorts of disguises. Sometimes he postured as a shipwrecked seaman and begged for relief, sometimes he was a householder whose dwelling had been destroyed by fire, sometimes, dressed in little more than a blanket, he acted the madman. Then he was a Kent farmer, whose lands had been overflowed by the tide. The only trade he acquired was that of rat-catching. In this, "our Hero, by his close Application, soon attained so considerable a Knowledge in his Profession, that he practised it with Success and Applause, to the great Advantage of the Public in general, not confining the good Effects of his Knowledge to his own Community only, but extending them universally to all Sorts of People wheresoever they were wanted; for though the Mendicants are in a constant State of Hostility with all other People, and Mr. Carew was as alert as any one in laying all Manner of Schemes and Stratagems to carry off a Booty from


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428 them, yet he thought, as a Member of the grand Society of Human Kind, he was obliged to do them all the Good in his Power, when it was not opposite to the interest of that particular Community of which he was a Member."

Carew kept a watchful eye on the papers, and so soon as he heard of a disaster anywhere, he at once assumed the disguise of one who had suffered in this disaster, and appealed for relief. To assist him in his deception, he produced letters authenticating his story, forged by himself in the name of magistrate and nobleman, clergy and country gentlemen of good repute.

It next occurred to him that it would serve his purpose if he made a voyage to Newfoundland, so as to be able the better to personate an unfortunate sailor who had been wrecked on his way home. He went there accordingly and picked up all the local knowledge he could, the names of the merchants and dealers and agents there, and returned. At once he figured in the character of a seaman lost in a vessel homeward bound, sometimes belonging to Poole, sometimes to Dartmouth, at other times to other ports, and under such and such commander, according as the newspapers gave accounts of such accidents.

"If the Booty he got before under this character was considerable, it was much more so now; for being able to give a very exact Account of Newfoundland, he applied with great Confidence to Masters of Vessels, and Gentlemen well acquainted with those Parts; so that those whom before his Prudence would not permit him to apply to, now became his greatest benefactors, as the perfect Account he gave of the Country engaged them to give Credit to all he asserted, and made them very liberal in his Favour."

But his very worst act was committed shortly after