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International Harvester Co. v. Ruckelshaus/Concurrence Bazelon

BAZELON, Chief Judge (concurring in result):

Socrates said that wisdom is the recognition of how much one does not know. I may be wise if that is wisdom, because [p651]  I recognize that I do not know enough about dynamometer extrapolations, deterioration factor adjustments, and the like to decide whether or not the government's approach to these matters was statistically valid. Therein lies my disagreement with the majority.

The court's opinion today centers on a substantive evaluation of the Administrator's assumptions and methodology. I do not have the technical know-how to agree or disagree with that evaluation -- at least on the basis of the present record. My grounds for remanding the case rest upon the Administrator's failure to employ a reasonable decision-making process for so critical and complex a matter. At this time I cannot say to what extent I could undertake an evaluation of the Administrator's findings if they were based on an adequate decisional process.

I cannot believe that Congress intended this court to delve into the substance of the mechanical, statistical, and technological disputes in this case. Senator Cooper, the author of the judicial review provision, stated repeatedly that this court's role would be to "determine the question of due process." Thus the court's proper role is to see to it that the agency provides "a framework for principled decision-making." Such a framework necessarily includes the right of interested parties to confront the agency's decision and the requirement that the agency set forth with clarity the grounds for its rejection of opposing views.

The majority's interpretation of the present statute and the administrative precedents would give us no right to establish these procedural guidelines. Their opinion maintains that the strict deadlines in the Clean Air Act preclude any right to challenge the Administrator until after the decision has been made. It indicates that, since this hearing was "rule-making" rather than "adjudicatory", cross-examination and confrontation are not required under traditional rules of administrative law.

I understand this viewpoint, but I do not share it. I do not think the authors of the Clean Air Act intended to put such strict limits on our review of the Administrator's decision-making process. Further, the interests at stake in this case are too important to be resolved on the basis of traditional administrative labels. We recognized two years ago that environmental litigation represents a "new era" in administrative law. We are dealing here not with an airline's fares or a broadcaster's wattage, but with all humanity's interest in life, health, and a harmonious relationship with the elements of nature.

This "new era" does not mean that courts will dig deeper into the technical intricacies of an agency's decision. It means instead that courts will go further in requiring the agency to establish a decision-making process adequate to protect the interests of all "consumers" of the natural environment. In some situations, traditional rules of "fairness" -- designed only to guard the interests of the specific parties to an agency proceeding -- will be inadequate to protect these broader interests. This is such a case. Whether or not traditional administrative rules require it, the critical character of this decision requires at the [p652]  least a carefully limited right of cross-examination at the hearing and an opportunity to challenge the assumptions and methodology underlying the decision.

The majority's approach permits the parties to challenge the Administrator's methodology only through the vehicle of judicial review. I do not think this is an adequate substitute for confrontation prior to the decision. I reach this position not only out of concern for fairness to the parties (". . . for if a party first learns of noticed facts through the final report . . . the burden of upsetting a decision announced as final is a heavy one." ) but also out of awareness of the limits of our own competence for the task. The petitioners' challenges to the decision force the court to deal with technical intricacies that are beyond our ken. These complex questions should be resolved in the crucible of debate through the clash of informed but opposing scientific and technological viewpoints.

It is true that courts occasionally find themselves in the thick of technological controversies -- e.g., in patent cases. But those are different circumstances. We do not review patent disputes until they have been through a full panoply of procedures involving full rights of confrontation. Further, unlike our decision in a patent case, our decision on the Administrator's action here is sure to be tested by analysis and challenge in Congress, in the scientific community, and among the public.

My brethren and I are reaching for the same end -- a "reasoned decision" -- through different means. They would have us examine the substance of the decision before us. There are some areas of administrative law -- involving issues of liberty and individual rights -- where judges are on firm ground in undertaking a substantive review of agency action. But in cases of great technological complexity, the best way for courts to guard against unreasonable or erroneous administrative decisions is not for the judges themselves to scrutinize the technical merits of each decision. Rather, it is to establish a decision-making process which assures a reasoned decision that can be held up to the scrutiny of the scientific community and the public. "The best test of truth is the power of the thought to get itself accepted in the competition of the market." If we were to require procedures in this case that open the Administrator's decision to challenge and force him to respond, we could rely on an informed "market" rather than on our own groping in the dark to test the validity of that decision.

Candor requires the admission that the process of confrontation and challenge might not be possible within the statutory decision period of 60 days. My response would be to permit an extension of the time limit -- perhaps 30 days more. This would put less strain on the overall statutory scheme -- and on the manufacturers' lead time -- than the months that have been expended in litigation, and now a remand, over the decision. Congress did not intend for us to enforce this relatively minor time restriction so strictly as to do major damage to the statute as a whole.

My brethren argue that the 60-day time limit in the statute precluded any opportunity for cross-examination or confrontation at the time of the original decision. But their opinion would apparently permit these procedural rights on the remand. This bit of judicial legerdemain confounds me. I can find nothing in the statute or common sense [p653]  to support this distinction. If anything, the statute, with its obvious emphasis on reaching a final decision quickly, would dictate procedures at the original decision which were sufficient to produce a reasoned decision without the need for a remand.

Outside of the foregoing differences, I agree with much of the majority opinion. I would have preferred to make the "public interest" factor -- the considerations set forth in Part III of that opinion -- an independent ground for suspension. The court today deals with the public interest indirectly, through the device of burden of proof. I do not fully understand this approach, but I suspect it leads to essentially the same result I favor.


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Rh snakes are a perfect cure for the headache; also, that they never die till after sunset, etc. We have discovered the female of Harris's Finch, which, as well as in the White-crowned Finch, resembles the male almost entirely; it is only a very little paler in its markings. I am truly proud to name it Fringilla Harrisii, in honor of one of the best friends I have in this world.

May 18, Thursday. Our good captain called us all up at a quarter before four this fair morning, to tell us that four barges had arrived from Fort Pierre, and that we might write a few letters, which Mr. Laidlow, one of the partners, would take to St. Louis for us. I was introduced to that gentleman and also to Major Dripps, the Indian agent. I wrote four short letters, which I put in an envelope addressed to the Messieurs Chouteau & Co., of St. Louis, who will post them, and we have hopes that some may reach their destination. The names of these four boats are "War Eagle," "White Cloud," "Crow-feather," and "Red-fish." We went on board one of them, and found it comfortable enough. They had ten thousand Buffalo robes on the four boats; the men live entirely on Buffalo meat and pemmican. They told us that about a hundred miles above us the Buffalo were by thousands, that the prairies were covered with dead calves, and the shores lined with dead of all sorts; that Antelopes were there also, and a great number of Wolves, etc.; therefore we shall see them after a while. Mr. Laidlow

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Author:Simeon Eben Baldwin

Works

 * The Captives of the Amistad
 * (United States)
 * (United States)
 * (United States)

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—Distant view.


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498 follows: during the first breaking up of the ice, it at times accumulates, so as to form a complete dam across the river; and when this suddenly gives way by the heat of the atmosphere, and the great pressure of the waters above the dam, the whole rushes on suddenly and overflows the country around, hurling the ice against any trees in its course. Sprague has shot two Emberiza pallida, two Lincoln's Finches, and a Black and Yellow Warbler, Sylvicola [Dendrœca] maculosa. One of our trappers, who had gone to the hills, brought on board two Rattlesnakes of a kind which neither Harris nor myself had seen before. The four Indians we have on board are three Puncas and one Sioux; the Puncas were formerly attached to the Omahas; but, having had some difficulties among themselves, they retired further up the river, and assumed this new name. The Omahas reside altogether on the west side of the Missouri. Three of the Puncas have walked off to the establishment of Mr. Cerre to procure moccasins, but will return to-night. They appear to be very poor, and with much greater appetites than friend Catlin describes them to have. Our men are stupid, and very superstitious; they believe the rattles of

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Rh abominable flesh, even to the marrow found in the bones. In some instances this has been done when the whole of the hair had fallen off, from the rottenness of the Buffalo. Ah! Mr. Catlin, I am now sorry to see and to read your accounts of the Indians you saw —how very different they must have been from any that I have seen! Whilst we were on the top of the high hills which we climbed this morning, and looked towards the valley beneath us, including the river, we were undetermined as to whether we saw as much land dry as land overflowed; the immense flat prairie on the east side of the river looked not unlike a lake of great expanse, and immediately beneath us the last freshet had left upwards of perhaps two or three hundred acres covered by water, with numbers of water fowl on it, but so difficult of access as to render our wishes to kill Ducks quite out of the question. From the tops of the hills we saw only a continual succession of other lakes, of the same form and nature; and although the soil was of a fair, or even good, quality, the grass grew in tufts, separated from each other, and as it grows green in one spot, it dies and turns brown in another. We saw here no "carpeted prairies," no "velvety distant landscape;" and if these things are to be seen, why, the sooner we reach them the better. This afternoon I took the old nest of a Vireo, fully three feet above my head, filled with dried mud; it was attached to two small prongs issuing from a branch fully the size of my arm; this proves how high the water must have risen. Again, we saw large trees of which the bark had been torn off by the rubbing or cutting of the ice, as high as my shoulder. This is accounted for as

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496 and as we were returning to Squires we saw flocks of the Chestnut-collared Lark or Ground-finch, whose exact measurement I have here given, and almost at the same time saw Harris. He and Bell went off after the Finches; we pursued our course to Squires, and waited for their return. Seeing no men to help carry the Deer, Michaux picked it up, Squires took his gun, etc., and we made for the river again. We had the good luck to meet the barge coming, and we reached our boat easily in a few minutes, with our game. I saw upwards of twelve of Harris' new Finch (?) a Marsh Hawk, Henslow's Bunting, Emberisa pallida, Robins, Wood Thrushes, Bluebirds, Ravens, the same abundance of House Wrens, and all the birds already enumerated. We have seen floating eight Buffaloes, one Antelope, and one Deer; how great the destruction of these animals must be during high freshets! The cause of their being drowned in such extraordinary numbers might not astonish one acquainted with the habits of these animals, but to one who is not, it may be well enough for me to describe it. Some few hundred miles above us, the river becomes confined between high bluffs or cliffs, many of which are nearly perpendicular, and therefore extremely difficult to ascend. When the Buffaloes have leaped or tumbled down from either side of the stream, they swim with ease across, but on reaching these walls, as it were, the poor animals try in vain to climb them, and becoming exhausted by falling back some dozens of times, give up the ghost, and float down the turbid stream; their bodies have been known to pass, swollen and putrid, the city of St. Louis. The most extraordinary part of the history of these drowned Buffaloes is, that the different tribes of Indians on the shores, are ever on the lookout for them, and no matter how putrid their flesh may be, provided the hump proves at all fat, they swim to them, drag them on shore, and cut them to pieces; after which they cook and eat this loathsome and

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Rh bushes, and a kind of small locust not yet in bloom, and quite new to me. The honey bee was not found in this country twenty years ago, and now they are abundant. A keel-boat passed, going down, but on the opposite side of the river. Bell and Michaux have returned. Bell wounded a large Wolf, and also a young Deer, but brought none on board, though he saw several of the latter. Harris killed one of the large new Finches, and a Yellow-headed Troupial. Bell intends going hunting to-morrow at daylight, with Michaux; I will try my luck too, but do not intend going till after breakfast, for I find that walking eight or ten miles through the tangled and thorny underbrush, fatigues me considerably, though twenty years ago I should have thought nothing of it. May 17, Wednesday. This was a most lovely morning. Bell went off with Michaux at four A. M. I breakfasted at five, and started with Mr. La Barge. When we reached the hunting-grounds, about six miles distant, we saw Bell making signs to us to go to him, and I knew from that that they had some fresh meat. When we reached them, we found a very large Deer that Michaux had killed. Squires shot a Woodcock, which I ate for my dinner, in company with the captain. Michaux had brought the Deer—Indian fashion—about two miles. I was anxious to examine some of the intestines, and we all three started on the tracks of Michaux, leaving Squires to keep the Wolves away from the dead Deer. We went at once towards a small stream meandering at the foot of the hills, and as we followed it, Bell shot at a Turkey-cock about eighty yards; his ball cut a streak of feathers from its back, but the gobbler went off. When we approached the spot where Michaux had opened the Deer, we did so cautiously, in the hope of then shooting a Wolf, but none had come; we therefore made our observations, and took up the tongue, which had been forgotten. Bell joined us,

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 Rh If your gillie is told to take you to The Tree—you need not define it further—he rows you over to the southern side of the island, where the tangled wood meets the water's edge. From a landing-rock a narrow path is trodden through damp undergrowth, and trees linked bough in bough, till you step out into an open circle, whence the dark covert draws back on every side. In the centre of this space rises a slight white trunk—bare, branchless, leafless, with spreading foot, and jagged and broken top. The cracks and clefts in the stem are studded with coins, nails, screws, and rusty iron fragments. No sign of leaf or shoot remains to give the gaunt shaft any touch of common vegetation. It stands alone and inviolate—a Sacred Tree. In the damp ground at the tree's foot is a small dark hole, the sides of which are roughly formed by stones overhung with moss and grass. A cover of unwrought stone lies beside it, and it is filled up with dead leaves. This is the healing-well "of power unspeakable in cases of lunacy". All the brief space is circled round by an impenetrable mesh of dripping bough and briar; ferns and grass luxuriate in the dim light; ivy and honeysuckle strands cling and fall; and damp depths of fallen leaves silence every step.

The tree is now a Wishing Tree, and the driving in of a bit of metal is the only necessary act. The accompanying reproduction of a photograph, taken by us this summer, shows the form of the stem as it now is, but brings the surrounding vegetation much too near. Writing in 1886, Mr. Dixon says: "It is said that if anyone removes an offering that has been attached to the tree, some misfortune, probably the taking fire of the house of the desecrator, is sure to follow." From which it appears that this tree can exercise retributive powers as sternly as any of the dread tree-dwelling spirits of Teutonic forest or savage grove.

In 1860. Sir A. Mitchell saw a faded ribbon attached to


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  Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.  The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.   A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.   No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.
 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

 The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article. V.

 The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article. VI.

 All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

 This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.

 The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

 The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.

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Rh the heronry that Harris had seen yesterday afternoon; for we had moved only one mile above the place of our wooding before we were again forced on shore. Here we killed four fine individuals, all on the wing, and some capital shots they were, besides a Raven. Unfortunately we had many followers, who destroyed our sport; therefore we returned on board, and at half-past four left our landing-place, having cut and piled up between forty and fifty cords of wood for the return of the "Omega." The wind has lulled down considerably, we have run seven or eight miles, and are again fast to the shore. It is reported that the water has risen two feet, but this is somewhat doubtful. We saw abundance of tracks of Elk, Deer, Wolf, and Bear, and had it been anything like tolerably dry ground, we should have had a good deal of sport. Saw this evening another dead Buffalo floating down the river. May 16, Tuesday. At three o'clock this fair morning we were under way, but the water has actually risen a great deal, say three feet, since Sunday noon. The current therefore is very strong, and impedes our progress greatly. We found that the Herons we had killed yesterday had not yet laid the whole of their eggs, as we found one in full order, ripe, and well colored and conditioned. I feel assured that the Ravens destroy a great many of their eggs, as I saw one helping itself to two eggs, at two different times, on the same nest. We have seen a great number of Black headed Gulls, and some Black Terns, some Indians on the east side of the river, and a Prairie Wolf, dead, hung across a prong of a tree. After a while we reached a spot where we saw ten or more Indians who had a large log cabin, and a field under fence. Then we came to the establishment called that of Vermilion River, and met Mr. Cerré, called usually Pascal, the agent of the

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 500 one of the nails, the last relic of the countless offerings of sufferers who had been brought to the holy waters at its foot. To each of the hundreds of nails, he says, "was originally attached a piece of the clothing of some patient who had visited the spot."

The earliest allusion to the healing powers of the well is the mention of it in 1656 as the resort of the lunatic. In 1774, Thomas Pennant describes how the patient "is brought into the sacred island, is made to kneel before the altar, where his attendants leave an offering in money. He is then brought to the well, and sips some of the holy water. A second offering is made; that done, he is thrice dipped in the lake." The last recorded appeal to the well was made about 1857. Sir A. Mitchell, writing in 1860, says: "In our own day, belief in the healing virtues of the well on Inch (Island) Maree, is general over all Ross-shire, but more especially over the western district. The lunatic is taken there without consideration of consent. As he leaves the island he is suddenly pitched out of the boat into the loch, a rope having been made fast to him; by this he is drawn into the boat again, to be a second, third, or fourth time unexpectedly thrown overboard during the boat's course round the island. He is then landed, made to drink of the waters, and an offering is attached to the tree."

We asked our gillies how the healing waters had dried up, and were told of a man who desecrated the well by bringing a mad dog for cure. This incident Mr. Dixon relates in detail as told him by a Kirkton man. The date given was 1830. The dog died the day following, and the


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494 Company at this post, a handsome French gentleman, of good manners. He dined with us. After this we landed, and walked to the fort, if the place may so be called, for we found it only a square, strongly picketed, without portholes. It stands on the immediate bank of the river, opposite a long and narrow island, and is backed by a vast prairie, all of which was inundated during the spring freshet. He told me that game was abundant, such as Elk, Deer, and Bear; but that Ducks, Geese, and Swans were extremely scarce this season. Hares are plenty—no Rabbits. We left as soon as possible, for our captain is a pushing man most truly. We passed some remarkable bluffs of blue and light limestone, towards the top of which we saw an abundance of Cliff-Swallows, and counted upwards of two hundred nests. But, alas! we have finally met with an accident. A plate of one of our boilers was found to be burned out, and we were obliged to stop on the west side of the river, about ten miles below the mouth of the Vermilion River. Here we were told that we might go ashore and hunt to our hearts' content; and so I have, but shot at nothing. Bell, Michaux, and I, walked to the hills full three miles off, saw an extraordinary quantity of Deer, Wolf, and Elk tracks, as well as some of Wild Cats. Bell started a Deer, and after a while I heard him shoot. Michaux took to the top of the hills, Bell about midway, and I followed near the bottom; all in vain, however. I started a Woodcock, and caught one of her young, and I am now sorry for this evil deed. A dead Buffalo cow and calf passed us a few moments ago. Squires has seen one other, during our absence. We took at Mr. Cerré's establishment two engagés and four Sioux Indians. We are obliged to keep bright eyes upon them, for they are singularly light-fingered. The woods are filled with

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462 and it fell dead on the spot. We found the woods filled with birds all known, however, to us: Golden-crowned Thrush, Cerulean Warblers, Woodpeckers of various kinds, etc.; but not a Duck in the bayou, to my surprise. At one the wind lulled somewhat, and as we had taken all the fence-rails and a quantity of dry stuff of all sorts, we were ready to attempt our ascent, and did so. It was curious to see sixty or seventy men carrying logs forty or fifty feet long, some well dried and some green, on their shoulders, all of which were wanted by our captain, for some purpose or other. In a great number of instances the squatters, farmers, or planters, as they may be called, are found to abandon their dwellings or make towards higher grounds, which fortunately are here no farther off than from one to three miles. After we left, we met with the strength of the current, but with our stakes, fence-rails, and our dry wood, we made good headway. At one place we passed a couple of houses, with women and children, perfectly surrounded by the flood; these houses stood apparently on the margin of a river coming in from the eastward. The whole farm was under water, and all around was the very perfection of disaster and misfortune. It appeared to us as if the men had gone to procure assistance, and I was grieved that we could not offer them any. We saw several trees falling in, and beautiful, though painful, was the sight. As they fell, the spray which rose along their whole length was exquisite; but alas! these magnificent trees had reached the day of oblivion.

A few miles above New Brunswick we stopped to take in wood, and landed three of our Indians, who, belonging to the Iowa tribe, had to travel up La Grande Riviere. The wind lulled away, and we ran all night, touching, for a few minutes, on a bar in the middle of the river.

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 Rh shepherd the week after; so the waters were potent for vengeance sixty years ago. Sir A. Mitchell's informant gave him a different version, viz., that the dog was cured and the healing virtue lost only for a time, and his account dates the occurrence as about 1845 or 1840. It is instructive to note the rapid growth and variation of popular explanatory legend. Pennant notes that the well possessed oracular as well as healing powers: "The visitants draw from the state of the well an omen of the disposition of St. Maree: if his well is full they suppose he will be propitious; if not, they proceed in their operations with fears and doubts." This belief continued to recent times. In 1836, the New Statistical Account says "it is considered a hopeful sign if the well is full."

Who were the folk who first found at this oak-stem a meeting-place with unseen powers? Who first brought their sick for healing to the grove of Mourie? The loch is called the Loch of Mourie in local records of the seventeenth century; the 25th August is mentioned as "dedicate to St. Mourie"; and one entry, to be quoted below, speaks of the "iland of St. Ruffus commonly called Elian (island) Moury". The name also occurs as Maelrubha, Malrubius, Malrube, Mulray, "and as the last corruption, Maree."

The life and acts of the saint are related by the annalist Tighernach, and in the ancient Irish MSS. and records. I am indebted for references, and for the following brief outline, to the paper by Dr. Reeves on "Saint Maelrubha: His History and Churches", published in the Proceedings of the Society of Antiquaries of Scotland, vol. iii, Part 2 1861.

Saint Maelrubha belongs to the roll of Ulster saints by


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Rh May 1. This morning was a beautiful one; our run last night was about thirty miles, but as we have just begun this fine day, I will copy here the habits of the Pouched Rats, from my notes on the spot at old Mr. Chouteau's, and again at St. Louis, where I kept several alive for four or five days:— Plantation of Pierre Chouteau, Sen., four miles west of St. Louis, April 13, 1843. I came here last evening in the company of Mr. Sarpy, for the express purpose of procuring some Pouched Rats, and as I have been fortunate enough to secure several of these strange creatures, and also to have seen and heard much connected with their habits and habitats, I write on the spot, with the wish that no recollection of facts be passed over. The present species is uncommonly abundant throughout this neighborhood, and is even found in the gardens of the city of St. Louis, upon the outskirts. They are extremely pernicious animals to the planter and to the gardener, as they devour every root, grass, or vegetable within their reach, and burrow both day and night in every direction imaginable, wherever they know their insatiable appetites can be recompensed for their labor. They bring forth from five to seven young, about the 25th of March, and these are rather large at birth. The nest, or place of deposit, is usually rounded, and about eight inches in diameter, being globular, and well lined with the hair of the female. This nest is not placed at the end of a burrow, or in any particular one of their long galleries, but oftentimes in the road that may lead to hundreds of yards distant. From immediately around the nest, however, many galleries branch off in divers directions, all tending towards such spots as are well known to the parents to afford an abundance of food. I cannot ascertain how long the young remain under the care of the mother. Having observed several freshly thrown-up mounds in Mr. Chouteau's garden, this excellent gentleman called to some negroes to

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  the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.   The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.   No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.   In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.   The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.   Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section. 2.

 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

 He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

 The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

 The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article. III.

Section. 1.

 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

 In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

 The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

 Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the

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464 bring spades, and to dig for the animals with the hope I might procure one alive. All hands went to work with alacrity, in the presence of Dr. Trudeau of St. Louis, my friends the father and son Chouteau, and myself. We observed that the "Muloö" (the name given these animals by the Creoles of this country) had worked in two or more opposite directions, and that the main gallery was about a foot beneath the surface of the ground, except where it had crossed the walks, when the burrow was sunk a few inches deeper. The work led the negroes across a large square and two of the walks, on one side of which we found large bunches of carnations, from which the roots had been cut off obliquely, close to the surface of the ground, thereby killing the plants. The roots measured 7/8 of an inch, and immediately next to them was a rosebush, where ended the burrow. The other side was now followed, and ended amidst the roots of a fine large peach-tree; these roots were more or less gashed and lacerated, but no animal was there, and on returning on our tracks, we found that several galleries, probably leading outside the garden, existed, and we gave up the chase. This species throws up the earth in mounds rarely higher than twelve to fifteen inches, and these mounds are thrown up at extremely irregular distances, being at times near to each other, and elsewhere ten to twenty, or even thirty, paces apart, yet generally leading to particular spots, well covered with grapes or vegetables of different kinds. This species remains under ground during the whole winter, inactive, and probably dormant, as they never raise or work the earth at this time. The earth thrown up is as if pulverized, and as soon as the animal has finished his labors, which are for no other purpose than to convey him securely from one spot to another, he closes the aperture, which is sometimes on the top, though more usually on the side towards the sun, leaving a kind of ring

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  United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.   Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.  The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;   To borrow Money on the credit of the United States;   To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;   To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

 To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

 To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

 To establish Post Offices and post Roads;

 To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

 To constitute Tribunals inferior to the supreme Court;

 To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

 To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

 To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

 To provide and maintain a Navy;

 To make Rules for the Government and Regulation of the land and naval Forces;

 To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

 To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

 To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;—And

 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

 No Bill of Attainder or ex post facto Law shall be passed.

 No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

 No Tax or Duty shall be laid on Articles exported from any State.

 No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.

 No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

 No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

Section. 10.

 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

 No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

 No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.

 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

 Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

 The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of

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Rh nearly one inch in breadth, and about the diameter of the body of the animal. Possessed of an exquisite sense of hearing and of feeling the external pressure of objects travelling on the ground, they stop their labors instantaneously on the least alarm; but if you retire from fifteen to twenty paces to the windward of the hole, and wait for a quarter of an hour or so, you see the "Gopher" (the name given to it by the Missourians—Americans) raising the earth with its back and shoulders, and forcing it out forward, leaving the aperture open during the process, and from which it at times issues a few steps, cuts the grasses around, with which it fills its pouches, and then retires to its hole to feed upon its spoils; or it sometimes sits up on its haunches and enjoys the sun, and it may then be shot, provided you are quick. If missed you see it no more, as it will prefer altering the course of its burrow and continuing its labors in quite a different direction. They may be caught in common steel-traps, and two of them were thus procured to-day; but they then injure the foot, the hind one. They are also not uncommonly thrown up by the plough, and one was caught in this manner. They have been known to destroy the roots of hundreds of young fruit-trees in the course of a few days and nights, and will cut roots of grown trees of the most valued kinds, such as apple, pear, peach, plum, etc. They differ greatly in their size and also in their colors, according to age, but not in the sexes. The young are usually gray, the old of a dark chestnut, glossy and shining brown, very difficult to represent in a drawing. The opinion commonly received and entertained, that these Pouched Rats fill their pouches with the earth of their burrows, and empty them when at the entrance, is, I think, quite erroneous; about a dozen which were shot in the act of raising their mounds, and killed at the very mouth of their burrows, had no earth in any of these sacs; the fore feet, teeth, nose, and the anterior portion of the head were found covered with

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 502 both lines of descent. On his father's side he is stated to be descended from Niall of the Nine Hostages, Sovereign of Ireland; on his mother's side he was akin to Saint Comgall, the great Abbot of Bangor in county Down. He was born in 642, and became a member of St. Comgall's Society at Bangor, and possibly abbot of that church. When almost a youth, in 670 or 671, he crossed to Scotland, and after two years, according to Tighernach, "fundavit ecclesiam Apporcrosan." Here he ruled as abbot for fifty-one years, acquiring a reputation for sanctity that spread over all Ross-shire and the surrounding country and islands. "Eighty years was his age when he resigned his spirit", the Calendar of Donegall says. He died in 722, at Applecross, where he was interred. Dr. Reeves writes in 1859: "The spot which is supposed to be his grave is marked by a little hillock called the Claodh Maree. His tombstone, it is said, was sent from Norway by the king's daughter, and its material was red granite." He adds that some fragments of it were at that time lying about the churchyard, that it was broken when the manse was building, and with the débris of the old ruins was carted away for the w^alls of the dwelling-house. But in the midst of the proceedings the work was suspended in consequence of a dream which the master-mason had, warning him not to touch that stone. Soon after, he was thrown from the scaffolding, and on the stone his skull was fractured. In the faith of his countrymen the holy Malrubius can still punish modern sacrilege.

Dr. Reeves notes that "it is believed that a man who takes about his person a little earth from this churchyard may travel the world round, and that he will safely return to the neighbouring bay; also, that no one can commit suicide or otherwise injure himself when within view of this spot."

All the ancient Irish records expressly state that Malrubius died on April 21st. "It is in Alba he is—in Confur Crossan; and this (is) the festival of his death", is the gloss


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466 adhesive earth, and most of them had their pouches filled either with blades of grass or roots of different sizes; and I think their being hairy rather corroborates the fact that these pouches are only used for food. In a word, they appear to me to raise the earth precisely in the manner employed by the Mole.

When travelling the tail drags on the ground, and they hobble along with their long front claws drawn underneath; at other times, they move by slow leaping movements, and can travel backwards almost as fast as forwards. When turned over they have much difficulty in replacing themselves in their natural position, and you may see them kicking with their legs and claws for a minute or two before they are right. They bite severely, and do not hesitate to make towards their enemies or assailants with open mouth, squealing like a rat. When they fight among themselves they make great use of the nose in the manner of hogs. They cannot travel faster than the slow walk of a man. They feed frequently while seated on the rump, using their fore paws and long claws somewhat like a squirrel. When sleeping they place the head beneath the breast, and become round, and look like a ball of earth. They clean their whiskers and body in the manner of Rats, Squirrels, etc. The four which I kept alive never drank anything, though water was given to them. I fed them on potatoes, cabbages, carrots, etc. They tried constantly to make their escape by gnawing at the floor, but in vain. They slept wherever they found clothing, etc., and the rascals cut the lining of my hunting-coat all to bits, so that I was obliged to have it patched and mended. In one instance I had some clothes rolled up for the washerwoman, and, on opening the bundle to count the pieces, one of the fellows caught hold of my right thumb, with fortunately a single one of its upper incisors, and hung on till I shook it off, violently throwing it on the floor, where it lay as if dead; but it recovered, and was as well as ever in less

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 Preamble

  We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

 Section. 1.  All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

 No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

 Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

 When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

 The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

 Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

 No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

 The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided.

 The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

 The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

 Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

 The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

 The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5.

 Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

 Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

 Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

 Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section. 6.

 The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

 No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section. 7.

 All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.

 Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the

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 Rh against this date in the 10th-11th century Feilire, or Festival-book of Aengus.

The Scotch accounts vary considerably from those of the Irish documents. All the Scotch calendars and writers, with one exception, date the saint's festival on the 27th August. The Breviary of Aberdeen records his martyrdom at the hands of the pagan Norwegians on the eastern shores of Ross; that at the place where he suffered a chapel was erected, afterwards the church of Ferintosh; that his body was removed to Applecross, and that the lands of Applecross six miles round the church were sacred, as certain desecrating Danes found to their cost. The Breviary also tells how the saint succoured his worshippers when attacked by the "Islanders", who burnt his church at Contan with a hundred men and women in it, and of his power to enforce the holiness of his day. "It happened that one year some people . . . neglected to observe the saint's festival, being busily occupied in reaping, for which their houses took fire and were consumed."

Dr. Reeves suggests that the double date of April 21st and August 27th may have arisen from a connection or confusion that seems to have existed between St. Maelrubha and a St. Ruffus of the Scotch and Irish calendars, the Ruphin of the beautiful quatrain in the Feilire of Aengus:—

This confusion may account for the Scotch attribution of martyrdom to St. Maelrubha, and for the mention of Isle Maree as "the iland of St. Ruffus", in the seventeenth century record.

Dr. Reeves says that on Isle Maree "there formerly existed an oratory of the saint". There appears also to be


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Rh house, John Bachman, Gideon B. Smith of Baltimore, and J. W. H. Page of New Bedford, with the hope of having them forwarded from the Council Bluffs. May 9, Tuesday. Another fine day. After running until eleven o'clock we stopped to cut wood, and two Rose-breasted Grosbeaks were shot, a common Blue-bird, and a common Northern Titmouse. We saw White Pelicans, Geese, Ducks, etc. One of our trappers cut one of his feet dreadfully with his axe, and Harris, who is now the doctor, attended to it as best he could. This afternoon we reached the famous establishment of Belle Vue where resides the brother of Mr. Sarpy of St. Louis, as well as the Indian Agent, or, as he might be more appropriately called, the Custom House officer. Neither were at home, both away on the Platte River, about 300 miles off. We had a famous pack of rascally Indians awaiting our landing—filthy and half-starved. We landed some cargo for the establishment, and I saw a trick of the trade which made me laugh. Eight cords of wood were paid for with five tin cups of sugar and three of coffee—value at St. Louis about twenty-five cents. We have seen a Fish Hawk, Savannah Finch, Green-backed Swallows, Rough-winged Swallows, Martins, Parrakeets, Black-headed Gulls, Blackbirds, and Cow-birds; I will repeat that the woods are fairly alive with House Wrens. Blue Herons, Emberiza pallida—Clay-colored Bunting of Swainson—Henslow's Bunting, Crow Blackbirds; and, more strange than all, two large cakes of ice were seen by our pilots and ourselves. I am very much fatigued and will finish the account of this day to-morrow. At Belle Vue we found the brother-in-law of old Provost, who acts as clerk in the absence of Mr. Sarpy. The store is no great affair, and yet I am told that they drive a good trade with Indians on the Platte River, and others,

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 508 a record of his having founded a church in the island. Sir A. Mitchell found in the centre of the island "the remains of a small chapel".

That the local saint succeeded to the rites of a local god seems scarcely doubtful. The name of Maree or Mourie is over all the country-side, always with primitive associations. Sir A. Mitchell, writing in 1860, says: "The people of the place speak often of the god Mourie instead of St. Mourie." An old man in the district told him the island's name "was originally Eilean mo Righ (the Island of my King), or Eilean-a-Mhor-Righ (the Island of the Great King), and that this king was long ago worshipped as a god in the district." Near the head of Loch Maree "is a small well that still bears the name of Tobar Mhoire, or 'Mourie's Well'."

Pennant, in 1774, says of Saint Maree: "The common oath of the country is by his name; if a traveller passes by any of his resting-places, they never neglect to leave an offering; but the saint is so moderate as not to put him to any expense—a stone, a stick, a bit of rag contents him." In a note on this passage Dr. Reeves refers to a place, about two miles from the church of Applecross, " called Suidhe Maree, 'Maelrubha's Seat', which is said to have been a resting-place of the saint." He also mentions a " Suidhe Maree" in the parish of Gairloch. There is a local tradition that his body was translated with miraculous ease from Ferintosh to Applecross, the bearers resting but twice on the way, at a place called Suidhe at Rennlochewe, and at Bealach an tsuidhe, between Shieldag and Applecross. It is tantalising to have no description of these "restingplaces". The usage is identical with the well-known and world-wide savage rite of leaving offerings at appointed places on the way.

Dr. Reeves mentions that, in the Ross-shire parish of


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478 on this side of the Missouri. We unloaded some freight, and pushed off. We saw here the first ploughing of the ground we have observed since we left the lower settlements near St. Louis. We very soon reached the post of Fort Croghan, so called after my old friend of that name with whom I hunted Raccoons on his father's plantation in Kentucky some thirty-eight years ago, and whose father and my own were well acquainted, and fought together in conjunction with George Washington and Lafayette, during the Revolutionary War, against "Merrie England." Here we found only a few soldiers, dragoons; their camp and officers having been forced to move across the prairie to the Bluffs, five miles. After we had put out some freight for the sutler, we proceeded on until we stopped for the night a few miles above, on the same side of the river. The soldiers assured us that their parade ground, and so-called barracks, had been four feet under water, and we saw fair and sufficient evidence of this. At this place our pilot saw the first Yellow-headed Troupial we have met with. We landed for the night under trees covered by muddy deposits from the great overflow of this season. I slept soundly, and have this morning, May 10, written this. May 10, Wednesday. The morning was fine, and we were under way at daylight; but a party of dragoons, headed by a lieutenant, had left their camp four miles distant from our anchorage at the same time, and reached the shore before we had proceeded far; they fired a couple of rifle shots ahead of us, and we brought to at once. The young officer came on board, and presented a letter from his commander, Captain Burgwin, from which we found that we had to have our cargo examined. Our

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 Rh Contin, a fair called the Feil Maree was formerly held on the last Wednesday of August, O. S.; he also cites a fair called after the saint at Portree, in Skye; a commemoration of the saint's festival at Forres, in the north of Elgin or Morayshire by a fair held on the 27th of August; a " Summaruff's Fair" on the last Tuesday of August at Fordyce, in Banff; and a great fair at Keith, in Banff, called the Samarevis Fair, and held on the first Tuesday in September.

In the parish of Contin is a burying-ground called "Praes Maree", or Maelrubha's Bush. In the parish of Strath, in Skye, there is a local tradition that here St. Maree used to preach, and "that he hung a bell in a tree, where it remained for centuries. It was dumb all the week till sunrise on Sunday morning, when it rang of its own accord till sunset. It was subsequently removed to the old church of Strath, where it ever afterwards remained dumb; and the tree on which it had so long hung soon after withered away."

But the most interesting record of the local cult is in the seventeenth-century observances. In 1656, the Dingwall presbytery made a strenuous effort to put down the "abhominable and heathenishe practices of the district", and inscribed a full account of their measures in the Presbytery Records.

On the 5th September 1656, "the presbyterie of DingAvall, according to the appoyntment of Synode for searching and censuring such principalis and superstitions as should be discovered thaire—having met at Appilcross, and findeing, amongst uther abhominable and heathenishe practices, that the people in that place were accustomed to sacrifice bulls at a certaine tyme uppon the 25 of August, which day is dedicate, as they conceive, to St. Mourie, as they call him; and that there were frequent approaches to some ruinous chappells and circulateing of them; and that future events, in reference especiallie to


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Author:Hiram Bingham (1875-1956)

Works

 * (History)

title: Author:Hiram Bingham (1875-1956)


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Rh was glad of it, and so were we all; for, finding that it would take several hours, we at once ate our breakfast, and made ready to go ashore. I showed my credentials and orders from the Government, Major Mitchell of St. Louis, etc., and I was therefore immediately settled comfortably. I desired to go to see the commanding officer, and the lieutenant very politely sent us there on horseback, guided by an old dragoon of considerable respectability. I was mounted on a young white horse, Spanish saddle with holsters, and we proceeded across the prairie towards the Bluffs and the camp. My guide was anxious to take a short cut, and took me across several bayous, one of which was really up to the saddle; but we crossed that, and coming to another we found it so miry, that his horse wheeled after two or three steps, whilst I was looking at him before starting myself; for you all well know that an old traveller is, and must be, prudent. We now had to retrace our steps till we reached the very tracks that the squad sent after us in the morning had taken, and at last we reached the foot of the Bluffs, when my guide asked me if I "could ride at a gallop," to which not answering him, but starting at once at a round run,

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Rh places along this bluff we saw clusters of nests of Swallows, which we all looked upon as those of the Cliff Swallow, although I saw not one of the birds. We stopped again to cut wood, for our opportunities are not now very convenient. Went out, but only shot a fine large Turkey-hen, which I brought down on the wing at about forty yards. It ran very swiftly, however, and had not Harris's dog come to our assistance, we might have lost it. As it was, however, the dog pointed, and Harris shot it, with my small shot-gun, whilst I was squatted on the ground amid a parcel of low bushes. I was astonished to see how many of the large shot I had put into her body. This hen weighed 11¾ pounds. She had a nest, no doubt, but we could not find it. We saw a good number of Geese, though fewer than yesterday; Ducks also. We passed many fine prairies, and in one place I was surprised to see the richness of the bottom lands. We saw this morning eleven Indians of the Omaha tribe. They made signals for us to land, but our captain never heeded them, for he hates the red-skins as most men hate the devil. One of them fired a gun, the group had only one, and some ran along the shore for nearly two miles, particularly one old gentleman who persevered until we came to such bluff shores as calmed down his spirits. In another place we saw one seated on a log, close by the frame of a canoe; but he looked surly, and never altered his position as we passed. The frame of this boat resembled an ordinary canoe. It is formed by both sticks giving a half circle; the upper edges are fastened together by a long stick, as well as the centre of the bottom. Outside of this stretches a Buffalo skin without the hair on; it is said to make a light and safe craft to cross even the turbid, rapid stream—the Missouri. By simply looking at them, one may suppose that they are sufficiently large to carry two or three persons. On a sand-bar afterwards

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488 we saw three more Indians, also with a canoe frame, but we only interchanged the common yells usual on such occasions. They looked as destitute and as hungry as if they had not eaten for a week, and no doubt would have given much for a bottle of whiskey. At our last landing for wood-cutting, we also went on shore, but shot nothing, not even took aim at a bird; and there was an Indian with a flint-lock rifle, who came on board and stared about until we left, when he went off with a little tobacco. I pity these poor beings from my heart! This evening we came to the burial-ground bluff of Sergeant Floyd. one of the companions of the never-to-be-forgotten expedition of Lewis and Clark, over the Rocky Mountains, to the Pacific Ocean. A few minutes afterwards, before coming to Floyd's Creek, we started several Turkey-cocks

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Rh from their roost, and had we been on shore could have accounted for more than one of them. The prairies are becoming more common and more elevated; we have seen more evergreens this day than we have done for two weeks at least. This evening is dark and rainy, with lightning and some distant thunder, and we have entered the mouth of the Big Sioux River, where we are fastened for the night. This is a clear stream and abounds with fish, and on one of the branches of this river is found the famous red clay, of which the precious pipes, or calumets are manufactured. We will try to procure some on our return homeward. It is late; had the weather been clear, and the moon, which is full, shining, it was our intention to go ashore, to try to shoot Wild Turkeys; but as it is pouring down rain, and as dark as pitch, we have thrown our lines overboard and perhaps may catch a fish. We hope to reach Vermilion River day after to-morrow. We saw abundance of the birds which I have before enumerated. May 14, Sunday. It rained hard and thundered during the night; we started at half-past three, when it had cleared, and the moon shone brightly. The river is crooked as ever, with large bars, and edged with prairies. Saw many Geese, and a Long-billed Curlew. One poor Goose had been wounded in the wing; when approached, it dived for a long distance and came up along the shore. Then we saw a Black Bear, swimming across the river, and it caused a commotion. Some ran for their rifles, and several shots were fired, some of which almost touched Bruin; but he kept on, and swam very fast. Bell shot at it with large shot and must have touched

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text: Histories (Godley translation)/Book 2

title: Histories (Godley translation)/Book 2


text:
Vala, or The Four Zoas/Night the Sixth

[ page 67 ]

So Urizen arose & leaning on his Spear explord his dens He threw his flight thro the dark air to where a river flowd And taking off his silver helmet filled it & drank But when Unsatiated his thirst he assayd to gather more Lo three terrific women at the verge of the bright flood Who would not suffer him to approach. but drove him back with storms Urizen knew them not & thus addressd the spirits of darkness Who art thou Eldest Woman sitting in thy clouds What is that name written on thy forehead? what art thou? And wherefore dost thou pour this water forth in sighs & care She answerd not but filld her urn & pourd it forth abroad Answerest thou not said Urizen. then thou maist answer me Thou terrible woman clad in blue, whose strong attractive power Draws all into a fountain at the rock of thy attraction With frowning brow thou sittest mistress of these mighty waters She answerd not but stretchd her arms & threw her limbs abroad Or wilt thou answer youngest Woman clad in shining greent With labour & care thou dost divide the current into fourt Queen of these dreadful rivers speak & let me hear thy voice

[ page 68 ]

They reard up a wall of rocks and Urizen raisd his spear. They gave a scream, they knew their father Urizen knew his daughters They shrunk into their channels. dry the rocky strand beneath his feet Hiding themselves in rocky forms from the Eyes of Urizen Then Urizen wept & thus his lamentation poured forth O horrible O dreadful state! those whom I loved best On whom I pourd the beauties of my light adorning them With jewels & precious ornament labourd with art divine Vests of the radiant colours of heaven & crowns of golden fire I gave sweet lillies to their breasts & roses to their hair I taught them songs of sweet delight, I gave their tender voices Into the blue expanse & I invented with laborious art Sweet instruments of sound. in pride encompassing my Knees They pourd their radiance above all. the daughters of Luvah Envied At their exceeding brightness & the sons of eternity sent them gifts Now will I pour my fury on them & I will reverse The precious benediction. for their colours of loveliness I will give blackness for jewels hoary frost for ornament deformity For crowns wreathd Serpents for sweet odors stinking corruptibility For voices of delight hoarse croakings inarticulate thro frost For labourd fatherly care & sweet instruction. I will give Chains of dark ignorance & cords of twisted self conceit And whips of stern repentance & food of stubborn obstinacy That they may curse Tharmas their God & Los his adopted son That they may curse & worship the obscure Demon of destruction That they may worship terrors & obey the violent Go forth sons of my curse Go forth daughters of my abhorrence Tharmas heard the deadly scream across his watry world And Urizens loud sounding voice lamenting on the wind And he came riding in his fury. froze to solid were his waves

[ page 69 ]

Silent in ridges he beheld them stand round Urizen A dreary waste of solid waters for the King of Light Darkend his brows with his cold helmet & his gloomy spear Darkend before him. Silent on the ridgy waves he took His gloomy way before him Tharmas fled & flying fought Crying. What & who art thou Cold Demon. art thou Urizen Art thou like me risen again from death or art thou deathless If thou art he my desperate purpose hear & give me death For death to me is better far than life. death my desire That I in vain in various paths have sought but still I live The Body of Man is given to me I seek in vain to destroy For still it surges forth in fish & monsters of the deeps And in these monstrous forms I Live in an Eternal woet And thou O Urizen art falln never to be deliverd Withhold thy light from me for ever & I will withhold From thee thy food so shall we cease to be & all our sorrows End & the Eternal Man no more renew beneath our power If thou refusest in eternal flight thy beams in vain Shall pursue Tharmas & in vain shalt crave for food I will Pour down my flight thro dark immensity Eternal falling Thou shalt pursue me but in vain till starvd upon the void Thou hangst a dried skin shrunk up weak wailing in the wind So Tharmas spoke but Urizen replied not. On his way He took. high bounding over hills & desarts floods & horrible chasms Infinite was his labour without end his travel he strove In vain for hideous monsters of the deeps annoyd him sore Scaled & finnd with iron & brass they devourd the path before him Incessant was the conflict. On he bent his weary steps Making a path toward the dark world of Urthona. he rose With pain upon the dreary mountains & with pain descended And saw their grizly fears & his eyes sickend at the sight The howlings gnashings groanings shriekings shudderings sobbings burstings Mingle together to create a world for Los. In cruel delight

[ page 70 FIRST PORTION ]

Los brooded on the darkness. nor saw Urizen with a Globe of fire Lighting his dismal journey thro the pathless world of death Writing in bitter tears & groans in books of iron & brass The enormous wonders of the Abysses once his brightest joy For Urizen beheld the terrors of the Abyss wandring among The ruind spirits once his children & the children of Luvah Scard at the sound of their own sigh that seems to shake the immense They wander Moping in their heart a Sun a Dreary moon A Universe of fiery constellations in their brain An Earth of wintry woe beneath their feet & round their loinst Waters or winds or clouds or brooding lightnings & pestilential plagues Beyond the bounds of their own self their senses cannot penetrate As the tree knows not what is outside of its leaves & bark And yet it drinks the summer joy & fears the winter sorrow So in the regions of the grave none knows his dark compeer Tho he partakes of his dire woes & mutual returns the pang The throb the dolor the convulsion in soul sickening woes The horrid shapes & sights of torment in burning dungeons & in Fetters of red hot iron some with crowns of serpents & some With monsters girding round their bosoms, Some lying on beds of sulphur On racks & wheels he beheld women marching oer burning wastes Of Sand in bands of hundreds & of fifties & of thousands strucken with Lightnings which blazed after them upon their shoulders in their march In successive vollies with loud thunders swift flew the King of Light Over the burning desarts Then the desarts passd. involvd in clouds Of smoke with myriads moping in the stifling vapours. Swift Flew the King tho flagd his powers labring. till over rocks And Mountains faint weary he wanderd. where multitudes were shut Up in the solid mountains & in rocks which heaved with their torments Then came he among fiery cities & castles built of burning steel Then he beheld the forms of tygers & of Lions dishumanizd men Many in serpents & in worms stretchd out enormous length Over the sullen mould & slimy tracks obstruct his way Drawn out from deep to deep woven by ribbd And scaled monsters or armd in iron shell or shell of brass Or gold a glittering torment shining & hissing in eternal pain Some [as] columns of fire or of water sometimes stretchd out in heighth Sometimes in length sometimes englobing wandering in vain seeking for easet His voice to them was but an inarticulate thunder for their Ears Were heavy & dull & their eyes & nostrils closed up Oft he stood by a howling victim Questioning in words Soothing or Furious no one answerd every one wrapd up In his own sorrow howld regardless of his words, nor voice Of sweet response could he obtain tho oft assayd with tears He knew they were his Children ruind in his ruind world

[ page 71 FIRST PORTION ]

Oft would he stand & question a fierce scorpion glowing with gold In vain the terror heard not. then a lion he would Sieze By the fierce mane staying his howling course in vain the voicet Of Urizen vain the Eloquent tongue. A Rock a Cloud a Mountain Were now not Vocal as in Climes of happy Eternity Where the lamb replies to the infant voice & the lion to the man of years Giving them sweet instructions Where the Cloud the River & the Field Talk with the husbandman & shepherd. But these attackd him sore Siezing upon his feet & rending the Sinews that in Caves He hid to recure his obstructed powers with rest & oblivion

[ page 70 SECOND PORTION ]

Here he had time enough to repent of his rashly threatend curse He saw them cursd beyond his Curse his soul melted with fear

[ page 71 SECOND PORTION ]

He could not take their fetters off for they grew from the soul Nor could he quench the fires for they flamd out from the heart Nor could he calm the Elements because himself was Subject So he threw his flight in terror & pain & in repentant tears When he had passd these southern terrors he approachd the East Void pathless beaten With iron sleet & eternal hail & raint No form was there no living thing & yet his way lay thro This dismal world. he stood a while & lookd back oer his former Terrific voyage. Hills & Vales of torment & despair Sighing & Wiping a fresh tear. then turning round he threw Himself into the dismal void. falling he fell & fell Whirling in unresistible revolutions down & down In the horrid bottomless vacuity falling failing falling Into the Eastern vacuity the empty world of Luvah The ever pitying one who seeth all things saw his fall And in the dark vacuity created a bosom of clayt When wearied dead he fell his limbs reposd in the bosom of slime As the seed falls from the sowers hand so Urizen fell & death Shut up his powers in oblivion. then as the seed shoots forth In pain & sorrow. So the slimy bed his limbs renewd At first an infant weakness. periods passd he gatherd strength But still in solitude he sat then rising threw his flight Onward tho falling thro the waste of night & ending in death And in another resurrection to sorrow & weary travel But still his books he bore in his strong hands & his iron pen For when he died they lay beside his grave & when he rose He siezd them with a gloomy smile for wrapd in his death clothes He hid them when he slept in death when he revivd the clothes Were rotted by the winds the books remaind still unconsumd Still to be written & interleavd with brass & iron & gold Time after time for such a journey none but iron pens Can write And adamantine leaves recieve nor can the man who goes

[ page 72 ]

The journey obstinate refuse to write time after time Endless had been his travel but the Divine hand him led For infinite the distance & obscurd by Combustions dire By rocky masses frowning in the abysses revolving erratic Round Lakes of fire in the dark deep the ruins of Urizens world	5 Oft would he sit in a dark rift & regulate his books Or sleep such sleep as spirits eternal wearied in his dark Tearful & sorrowful state. then rise look out & ponder His dismal voyage eyeing the next sphere tho far remote Then darting into the Abyss of night his venturous limbs Thro lightnings thunders earthquakes & concussions fires & floods Stemming his downward fall labouring up against futurity Creating many a Vortex fixing many a Science in the deep And thence throwing his venturous limbs into the Vast unknown Swift Swift from Chaos to chaos from void to void a road immense For when he came to where a Vortex ceasd to operate Nor down nor up remaind then if he turnd & lookd back From whence he came twas upward all. & if he turnd and viewd The unpassd void upward was still his mighty wandring The midst between an Equilibrium grey of air serene Where he might live in peace & where his life might meet repose But Urizen said Can I not leave this world of Cumbrous wheels Circle oer Circle nor on high attain a void Where self sustaining I may view all things beneath my feet Or sinking thro these Elemental wonders swift to fall I thought perhaps to find an End a world beneath of voidness Whence I might travel round the outside of this Dark confusion When I bend downward bending my bead downward into the deep Tis upward all which way soever I my course begin But when A Vortex formd on high by labour & sorrow & care And weariness begins on all my limbs then sleep revives My wearied spirits waking then tis downward all which way So ever I my spirits turn no end I find of all O what a world is here unlike those climes of bliss Where my sons gatherd round my knees O thou poor ruind world Thou horrible ruin once like me thou wast all glorious And now like me partaking desolate thy masters lot Art thou O ruin the once glorious heaven are these thy rocks Where joy sang in the trees & pleasure sported on the rivers

[ page 73 ]

And laughter sat beneath the Oaks & innocence sported round Upon the green plains & sweet friendship met in palaces And books & instruments of song & pictures of delight Where are they whelmd beneath these ruins in horrible destruction And if Eternal falling I repose on the dark bosom Of winds & waters or thence fall into a Void where air Is not down falling thro immensity ever & ever I lose my powers weakend every revolution till a death Shuts up my powers then a seed in the vast womb of darkness I dwell in dim oblivion. brooding over me the Enormous worlds Reorganize me shooting forth in bones & flesh & blood I am regenerated to fall or rise at will or to remain A labourer of ages a dire discontent a living woe Wandring in vain. Here will I fix my foot & here rebuild Here Mountains of Brass promise much riches in their dreadful bosoms So he began to dig form[ing] of gold silver & iron And brass vast instruments to measure out the immense & fix The whole into another world better suited to obey His will where none should dare oppose his will himself being King Of All & all futurity be bound in his vast chain And the Sciences were fixd & the Vortexes began to operate On all the sons of men & every human soul terrified At the turning wheels of heaven shrunk away inward withring away Gaining a New Dominion over all his sons & Daughters & over the Sons & daughters of Luvah in the horrible Abyss For Urizen lamented over them in a selfish lamentation Till a white woof coverd his cold limbs from head to feet Hair white as snow coverd him in flaky locks terrific Overspreading his limbs. in pride he wanderd weeping Clothed in aged venerableness obstinately resolvd Travelling thro darkness & whereever he traveld a dire Web Followd behind him as the Web of a Spider dusky & cold Shivering across from Vortex to Vortex drawn out from his mantle of years A living Mantle adjoind to his life & growing from his Soul And the Web of Urizen stre[t]chd direful shivring in clouds And uttering such woes such bursts such thunderings The eyelids expansive as morning & the Ears As a golden ascent winding round to the heavens of heavens Within the dark horrors of the Abysses lion or tyger or scorpion

[ page 74 ]

For every one opend within into Eternity at will But they refusd because their outward forms were in the Abyss And the wing like tent of the Universe beautiful surrounding all Or drawn up or let down at the will of the immortal man Vibrated in such anguish the eyelids quiverd Weak & Weaker their expansive orbs began shrinking Pangs smote thro the brain & a universal shriek Ran thro the Abysses rending the web torment on torment Thus Urizen in sorrows wanderd many a dreary way Warring with monsters of the Deeps in his most hideous pilgrimage Till his bright hair scatterd in snows his skin barkd oer with wrinkles Four Caverns rooting downwards their foundations thrusting forth The metal rock & stone in ever painful throes of vegetation The Cave of Orc stood to the South a furnace of dire flames Quenchless unceasing. In the west the Cave of Urizen For Urizen fell as the Midday sun falls down into the West North stood Urthonas stedfast throne a World of Solid darkness Shut up in stifling obstruction rooted in dumb despair The East was Void. But Tharmas rolld his billows in ceaseless eddies Void pathless beat with Snows eternal & iron hail & raint All thro the caverns of fire & air & Earth, Seeking For Enions limbs nought finding but the black sea weed & sickning slime Flying away from Urizen that he might not give him food Above beneath on all sides round in the vast deep of immensity That he might starve the sons & daughters of Urizen on the winds Making between horrible chasms into the vast unknown All these around the world of Los cast forth their monstrous births But in Eternal times the Seat of Urizen is in the South Urthona in the North Luvah in East Tharmas in West And now he came into the Abhorred world of Dark Urthona By Providence divine conducted not bent from his own will Lest death Eternal should be the result for the Will cannot be violated Into the doleful vales where no tree grew nor river flowd Nor man nor beast nor creeping thing nor sun nor cloud nor star Still he with his globe of fire immense in his venturous hand Bore on thro the Affrighted vales ascending & descending Oerwearied or in cumbrous flight he venturd oer dark rifts Or down dark precipices or climbd with pain and labour huge Till he beheld the world of Los from the Peaked rock of Urthona And heard the howling of red Orc distincter & distincter	40

[ page 75 ]

Redoubling his immortal efforts thro the narrow vales With difficulty down descending guided by his Ear And by his globe of fire he went down the Vale of Urthona Between the enormous iron walls built by the Spectre dark Dark grew his globe reddning with mists & full before his path	5 Striding across the narrow vale the Shadow of Urthona A spectre Vast appeard whose feet & legs with iron scaled Stampd the hard rocks expectant of the unknown wanderer Whom he had seen wandring his nether world when distant far And watchd his swift approach collected dark the Spectre stood Beside hi[m] Tharmas stayd his flight & stood in stern defiance Communing with the Spectre who rejoicd along the vale Round his loins a girdle glowd with many colourd fires In his hand a knotted Club whose knots like mountains frownd Desart among the Stars them withering with its ridges cold Black scales of iron arm the dread visage iron spikes instead Of hair shoot from his orbed scull. his glowing eyes Burn like two furnaces. he calld with Voice of Thunder Four winged heralds mount the furious blasts & blow their trumps Gold Silver Brass & iron clangors clamoring rend the shores Like white clouds rising from the Vales his fifty two armies From the four Cliffs of Urthona rise glowing around the Spectre Four sons of Urizen the Squadrons of Urthona led in arms Of gold & silver brass & iron he knew his mighty sons Then Urizen arose upon the wind back many a mile Retiring into his dire Web scattering fleecy snows As he ascended howling loud the Web vibrated strong From heaven to heaven from globe to globe. In vast excentric paths Compulsive rolld the Comets at his dread command the dreary way Falling with wheel impetuous down among Urthonas vales And round red Orc returning back to Urizen gorgd with bloodt Slow roll the massy Globes at his command & slow oerwheel The dismal squadrons of Urthona. weaving the dire Web In their progressions & preparing Urizens path before him

End of the Sixth Night

title: Vala, or The Four Zoas/Night the Sixth


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