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 16 and praised her so extravagantly, that I could soon see he was desperately in love with her. "She is no longer young," he said: "and she was treated so badly by her former husband that she does not mean to marry again." From his account it was so evident what incomparable charms she possessed for him, and how ardently he wished she would select him to extinguish the recollection of her first husband's misconduct, that I should have to repeat his own words in order to describe the depth of the poor fellow's attachment, truth, and devotion. It would, in fact, require the gifts of a great poet to convey the expression of his features, the harmony of his voice, and the heavenly fire of his eye. No words can portray the tenderness of his every movement and of every feature: no effort of mine could do justice to the scene. His alarm lest I should misconceive his position with regard to his mistress, or question the propriety of her conduct, touched me particularly. The charming manner with which he described her form and person, which, without possessing the graces of youth, won and attached him to her, is inexpressible, and must be left to the imagination. I have never in my life witnessed or fancied or conceived the possibility of such intense devotion, such ardent affections, united with so much purity. Do not blame me if I say that the recollection of this innocence and truth is deeply impressed upon my very soul; that this picture of fidelity and tenderness haunts me everywhere; and that my own heart, as though enkindled by the flame, glows and burns within me.

I mean now to try and see her as soon as I can: or perhaps, on second thoughts, I had better not; it is better I should behold her through the eyes of her lover. To my sight, perhaps, she would not appear as she now stands before me; and why should I destroy so sweet a picture?


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 Rh 16. "Why do I not write to you?" You lay claim to learning, and ask such a question. You should have guessed that I am well—that is to say—in a word, I have made an acquaintance who has won my heart: I have—I know not.

To give you a regular account of the manner in which I have become acquainted with the most amiable of women would be a difficult task. I am a happy and contented mortal, but a poor historian.

An angel! Nonsense! Everybody so describes his mistress; and yet I find it impossible to tell you how perfect she is, or why she is so perfect: suffice it to say she has captivated all my senses.

So much simplicity with so much understanding—so mild, and yet so resolute—a mind so placid, and a life so active.

But all this is ugly balderdash, which expresses not a single character nor feature. Some other time—but no, not some other time, now, this very instant, will I tell you all about it. Now or never. Well, between ourselves, since I commenced my letter, I have been three times on the point of throwing down my pen, of ordering my horse, and riding out. And yet I vowed this morning that I would not ride to-day, and yet every moment I am rushing to the window to see how high the sun is.

I could not restrain myself—go to her I must. I have just returned, Wilhelm; and whilst I am taking supper I will write to you. What a delight it was for my soul to see her in the midst of her dear, beautiful children,—eight brothers and sisters!

But, if I proceed thus, you will be no wiser at the end of my letter than you were at the beginning. Attend, then, and I will compel myself to give you the details.

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


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 10 desirable, and most intolerable in their demonstrations of friendship. Good-bye. This letter will please you: it is quite historical.

22. That the life of man is but a dream, many a man has surmised heretofore; and I, too, am everywhere pursued by this feeling. When I consider the narrow limits within which our active and inquiring faculties are confined; when I see how all our energies are wasted in providing for mere necessities, which again have no further end than to prolong a wretched existence; and then that all our satisfaction concerning certain subjects of investigation ends in nothing better than a passive resignation, whilst we amuse ourselves painting our prison-walls with bright figures and brilliant landscapes,—when I consider all this, Wilhelm, I am silent. I examine my own being, and find there a world, but a world rather of imagination and dim desires, than of distinctness and living power. Then everything swims before my senses, and I smile and dream while pursuing my way through the world.

All learned professors and doctors are agreed that children do not comprehend the cause of their desires; but that the grown-up should wander about this earth like children, without knowing whence they come, or whither they go, influenced as little by fixed motives, but guided like them by biscuits, sugar-plums, and the rod,—this is what nobody is willing to acknowledge; and yet I think it is palpable.

I know what you will say in reply; for I am ready to admit that they are happiest, who, like children, amuse themselves with their playthings, dress and undress their dolls, and attentively watch the cupboard, where mamma has locked up her sweet things, and, when at last they get a delicious morsel, eat it greedily, and exclaim, "More!" These are certainly happy


text: Dictionary of National Biography, 1885-1900/Gruffydd ab Gwenwynwyn


text: Dictionary of National Biography, 1885-1900/Gruffydd ab Llewelyn (d.1063)


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Author:Arthur Smith Woodward

Works

 * The Secretary on Additions to the Menagerie (1923)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)
 * (History (in part) and General Characters)

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88 No mountain swain, no care to brutes I lend; No clownish swain, nor droves or herds I tend. Thou knowest not, timid, whom thy footsteps shun, Else hadst thou ceased to fear and ceased to run. The Delphic shrine and Clarion altars groan With gifts to me, their incense clouds my throne. The Ægean Tenedos admits my sway; My sceptre, too, the Lycian realms obey, My sire, he who rules the gods' array. At my behest the books of fate unroll; Charmed by my touch the lyre inspires the soul; My arrow's certain in its airy course; But one more certain, and of deadlier force. Has pierced with painful wound my hapless heart, 'Till now unmoved by Cupid's direful art. The laws of physic owe to me their birth, I'm called the healer through the extended earth; In sweet and grateful herbs the charms that lie To me alone 'tis given to descry. Alas! that herbs to love no cure afford. And arts that all do bless, bless not their lord.

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that hunger's pinch long knew, Upon a neighbouring dunghill flew, To seek wherewith his gnawings might Be for the present set aright. He scratched until his claws grew sore, Nor even then his toil forbore, Without one particle of seed Upturning, to relieve his need. Till, having lost his patience quite, He was about to change his site, When something beautiful to view Came forth—it was a gay bijou— A diamond from Peru's mines. That had been prized in other times. The hungry cock a moment stayed To view the glittering prize, then said— "This to a Jew or gaudy fair Had been a treasure sans compare;

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 18 I mentioned to you the other day that I had become acquainted with S——, the district judge, and that he had invited me to go and visit him in his retirement, or rather in his little kingdom. But I neglected going, and perhaps should never have gone, if chance had not discovered to me the treasure which lay concealed in that retired spot. Some of our young people had proposed giving a ball in the country, at which I consented to be present. I offered my hand for the evening to a pretty and agreeable, but rather commonplace, sort of girl from the immediate neighbourhood; and it was agreed that I should engage a carriage, and call upon Charlotte, with my partner and her aunt, to convey them to the ball. My companion informed me, as we drove along through the park to the hunting-lodge, that I should make the acquaintance of a very charming young lady. "Take care," added the aunt, "that you do not lose your heart." "Why?" said I. "Because she is already engaged to a very worthy man," she replied, "who is gone to settle his affairs upon the death of his father, and will succeed to a very considerable inheritance." This information possessed no interest for me. When we arrived at the gate, the sun was setting behind the tops of the mountains. The atmosphere was heavy; and the ladies expressed their fears of an approaching storm, as masses of low black clouds were gathering in the horizon. I relieved their anxieties by pretending to be weather-wise, although I myself had some apprehensions lest our pleasure should be interrupted.

I alighted; and a maid came to the door, and requested us to wait a moment for her mistress. I walked across the court to a well-built house, and, ascending the flight of steps in front, opened the door, and saw before me the most charming spectacle I had ever witnessed. Six children, from eleven to two years old, were running about the hall, and


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fox, in former times (I owe a fable for my rhymes), A stork invited, to partake At his expense, of a beef-steak, And make him merry at his hall, Away 'mid forest dense and tall, Where Reynard oft found good defence, When pressed right hard for an offence: As helping goose or pullet rich Down from roost or up from ditch; Or, as the Scriptures doth propound, Lifting a neighbour from the ground, That near some highway he had met, And deemed for house and home hard set. Well, to our tale—his note polite The stork did answer with a flight,

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 Rh a lady of middle height, with a lovely figure, dressed in a robe of simple white, trimmed with pink ribbons. She was holding a rye loaf in her hand, and was cutting slices for the little ones all around, in proportion to their age and appetite. She performed her task in a graceful and affectionate manner; each claimant awaiting his turn with outstretched hands, and boisterously shouting his thanks. Some of them ran away at once, to enjoy their evening meal; whilst others, of a gentler disposition, retired to the courtyard to see the strangers, and to survey the carriage in which their Charlotte was to drive away. "Pray forgive me for giving you the trouble to come for me, and for keeping the ladies waiting: but dressing, and arranging some household duties before I leave, had made me forget my children's supper; and they do not like to take it from any one but me." I uttered some indifferent compliment: but my whole soul was absorbed by her air, her voice, her manner; and I had scarcely recovered myself when she ran into her room to fetch her gloves and fan. The young ones threw inquiring glances at me from a distance; whilst I approached the youngest, a most delicious little creature. He drew back; and Charlotte, entering at the very moment, said, "Louis, shake hands with your cousin." The little fellow obeyed willingly; and I could not resist giving him a hearty kiss, notwithstanding his rather dirty face. "Cousin," said I to Charlotte, as I handed her down, "do you think I deserve the happiness of being related to you?" She replied, with a ready smile, "Oh! I have such a number of cousins, that I should be sorry if you were the most undeserving of them." In taking leave, she desired her next sister, Sophy, a girl about eleven years old, to take great care of the children, and to say good-bye to papa for her when he came home from his ride. She enjoined to the little ones to obey their


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92 And bowed with all a courtier's grace, When he and fox stood face to face. The table spread, they lost no time To sit them down, and 'gin to dine. The cover off, two plates came forth, Filled up with richest steaming broth. Stork made a dive, but lo! his beak Upon the delf resounded creak; For well you know from shallow cup A crane or stork can never sup. Fox in his sleeve at this faux pas Did laugh right hearty—stretched his paw, And helped his friend to some more food. Until his dish had near o'erflowed. "Your appetite, sir, is it keen?" The rogue inquired, with cunning grin. "Very, indeed, sir," biped replied (With hunger, faith, he could have cried). Again he tried to have a taste— Again he only made a waste. He tried his bill in every way, But no receipt his pains would pay;

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 20 sister Sophy as they would herself, upon which some promised that they would; but a little fair-haired girl, about six years old, looked discontented, and said, "But Sophy is not you, Charlotte; and we like you best." The two eldest boys had clambered up the carriage; and, at my request, she permitted them to accompany us a little way through the forest, upon their promising to sit very still, and hold fast.

We were hardly seated, and the ladies had scarcely exchanged compliments, making the usual remarks upon each other's dress, and upon the company they expected to meet, when Charlotte stopped the carriage, and made her brothers get down. They insisted upon kissing her hands once more; which the eldest did with all the tenderness of a youth of fifteen, but the other in a lighter and more careless manner. She desired them again to give her love to the children, and we drove off.

The aunt inquired of Charlotte whether she had finished the book she had last sent her. "No," said Charlotte; "I did not like it: you can have it again. And the one before was not much better." I was surprised, upon asking the title, to hear that it was ——. I found penetration and character in everything she said: every expression seemed to brighten her features with new charms,—with new rays of genius,—which unfolded by degrees, as she felt herself understood.

"When I was younger," she observed, "I loved nothing so much as romances. Nothing could equal my delight when, on some holiday, I could settle down quietly in a corner, and enter with my whole heart and soul into the joys or sorrows of some fictitious Leonora. I do not deny that they even possess


text: Dictionary of National Biography, 1885-1900/Gruffydd ab Llywelyn (d.1244)


text: Dictionary of National Biography, 1885-1900/Gruffydd ab Madog


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Rh Yet still he "hemmed," and coughed, and said: " 'Twas splendid broth, and very well made." "Tis middling," modestly replied, The host; "I hope you're satisfied." "I've dined quite hearty, sir, thank you, (While inwardly he cursed the stew). He took his hat, and bade good day; Bowed to his host, and walked away; Betook him to a neighb'ring brook With rapid flight, and hungry look, Then set to work, and here at last He caught a fish to break his fast.

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4 did not consent, it was a usurpation and a lie. The most that can be inferred from the form, "We, the people," is, that the instrument offered membership to all "the people of the United States;" leaving it for them to accept or refuse it, at their pleasure.

The agreement is a simple one, like any other agreement. It is the same as one that should say: We, the people of the town of A━━, agree to sustain a church, a school, a hospital, or a theatre, for ourselves and our children.

Such an agreement clearly could have no validity, except as between those who actually consented to it. If a portion only of "the people of the town of A━━," should assent to this contract, and should then proceed to compel contributions of money or service from those who had not consented, they would be mere robbers; and would deserve to be treated as such.

Neither the conduct nor the rights of these signers would be improved at all by their saying to the dissenters: We offer you equal rights with ourselves, in the benefits of the church, school, hospital, or theatre, which we propose to establish, and equal voice in the control of it. It would be a sufficient answer for the others to say: We want no share in the benefits, and no voice in the control of your institution; and will do nothing to support it.

The number who actually consented to the Constitution of the United States, at the first, was very small. Considered as the act of the whole people, the adoption of the Constitution was the merest farce and imposture, binding upon nobody.

The women, children, and blacks, of course, were not asked to give their consent. In addition to this, there were, in nearly or quite all the States, property qualifications that excluded probably one half, two thirds, or perhaps even three fourths, of the white male adults from the right of suffrage. And of those who were allowed that right, we know not how many exercised it.

Furthermore, those who originally agreed to the Constitution, could thereby bind nobody that should come after them. They could contract for nobody but themselves. They had no more

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text: Dictionary of National Biography, 1885-1900/Gruffydd ab Rhydderch


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5 natural right or power to make political contracts, binding upon succeeding generations, than they had to make marriage or business contracts binding upon them.

Still further. Even those who actually voted for the adoption of the Constitution, did not pledge their faith for any specific time; since no specific time was named, in the Constitution, during which the association should continue. It was, therefore, merely an association during pleasure; even as between the original parties to it. Still less, if possible, has it been any thing more than a merely voluntary association, during pleasure, between the succeeding generations, who have never gone through, as their fathers did, with so much even as any outward formality of adopting it, or of pledging their faith to support it. Such portions of them as pleased, and as the States permitted to vote, have only done enough, by voting and paying taxes, (and unlawfully and tyrannically extorting taxes from others,) to keep the government in operation for the time being. And this, in the view of the Constitution, they have done voluntarily, and because it was for their interest, or pleasure, and not because they were under any pledge or obligation to do it. Any one man, or any number of men, have had a perfect right, at any time, to refuse his or their further support; and nobody could rightfully object to his or their withdrawal.

There is no escape from these conclusions, if we say that the adoption of the Constitution was the act of the people, as individuals, and not of the States, as States. On the other hand, if we say that the adoption was the act of the States, as States, it necessarily follows that they had the right to secede at pleasure, inasmuch as they engaged for no specific time.

The consent, therefore, that has been given, whether by individuals, or by the States, has been, at most, only a consent for the time being; not an engagement for the future. In truth, in the case of individuals, their actual voting is not to be taken as proof of consent, even for the time being. On the contrary, it is to be considered that, without his consent having ever been asked, a

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is nothing fills my heart with a more bitter sense of degradation and indignity than that my equals, those men to whom neither birth, nor fortune, nor education, nor, I humbly conceive, intellect, can give any claim to superiority over me, should come upon me with the air of patronage and protection. — O'Connell

There was a period of similar importance in the history of England. Franklin — Benjamin Franklin — with more of talent than any of us could boast, but with an equally sincere desire of combining America with England and perpetuating the connexion — the virtuous Franklin proffered the dutiful submission of the hearts and hands of America to be devoted to the service of England. And what did he require? A mere act of justice. How was he received? With derision, contempt, and insult. England refused to be just; she laughed to scorn the force of America. She even boasted that by the night-watch of a single parish all the armed power of America could be put down. It was deemed safe to oppress, and therefore oppression was continued. The Americans forgot their feuds, banished their domestic dissensions, combined in patriotic determination, rushed to arms, and — oh! may heaven be thanked for it!—


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Rh some charms for me yet. But I read so seldom, that I prefer books suited exactly to my taste. And I like those authors best whose scenes describe my own situation in life,—and the friends who are about me, whose stories touch me with interest, from resembling my own homely existence,— which, without being absolutely paradise, is, on the whole, a source of indescribable happiness."

I endeavoured to conceal the emotion which these words occasioned, but it was of slight avail; for, when she had expressed so truly her opinion of "The Vicar of Wakefield," and of other works, the names of which I omit, I could no longer contain myself, but gave full utterance to what I thought of it: and it was not until Charlotte had addressed herself to the two other ladies, that I remembered their presence, and observed them sitting mute with astonishment. The aunt looked at me several times with an air of raillery, which however, I did not at all mind.

We talked of the pleasures of dancing. "If it is a fault to love it," said Charlotte, "I am ready to confess that I prize it above all other amusements. If anything disturbs me, I go to the piano, play an air to which I have danced, and all goes right again directly."

You, who know me, can fancy how steadfastly I gazed upon her rich dark eyes during these remarks, how my very soul gloated over her warm lips and fresh, glowing cheeks, how I became quite lost in the delightful meaning of her words, so much so, that I scarcely heard the actual expressions. In short, I alighted from the carriage like a person in a dream, and was so lost to the dim world around me that I scarcely heard the music which resounded from the illuminated ballroom.


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6 man finds himself environed by a government that he cannot resist; a government that forces him to pay money, render service, and forego the exercise of many of his natural rights, under peril of weighty punishments. He sees, too, that other men practise this tyranny over him by the use of the ballot. He sees further that, if he will but use the ballot himself, he has some chance of relieving himself from this tyranny of others, by subjecting them to his own. In short, he finds himself, without his consent, so situated that, if he use the ballot, he may become a master; if he does not use it, he must become a slave. And he has no other alternative than these two. In self-defence, he attempts the former. His case is analogous to that of a man who has been forced into battle, where he must either kill others, or be killed himself. Because, to save his own life in battle, a man attempts to take the lives of his opponents, it is not to be inferred that the battle is one of his own choosing. Neither in contests with the ballot—which is a mere substitute for a bullet—because, as his only chance of self-preservation, a man uses a ballot, is it to be inferred that the contest is one into which he voluntarily entered; that he voluntarily set up all his own natural rights, as a stake against those of others, to be lost or won by the mere power of numbers. On the contrary, it is to be considered that, in an exigency, into which he had been forced by others, and in which no other means of self-defence offered, he, as a matter of necessity, used the only one that was left to him.

Doubtless the most miserable of men, under the most oppressive government in the world, if allowed the ballot, would use it, if they could see any chance of thereby ameliorating their condition. But it would not therefore be a legitimate inference that the government itself, that crushes them, was one which they had voluntarily set up, or ever consented to.

Therefore a man's voting under the Constitution of the United States, is not to be taken as evidence that he ever freely assented to the Constitution, even for the time being. Consequently we have no proof that any very large portion, even of the actual

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96 prostrated the proud standard of England in the dust and discomfited her with all her chivalry — Sheridan

The marks of that awful catastrophe, which, so nearly extinguished the human race, are every day becoming more and more visible as geological research proceeds. Thus, in the limestone caves at Wellington Valley, the remains of fossils and exuviaæ, show that their depths were penetrated by the same searching element that poured into the caverns of Kirkdale and other places. — Captain Sturt

The conflict in his country's cause has, in itself, no terror for the Irishman. The maturity of life has reached me in the struggle, but yet my step is firm, and my arm, too, is not unnerved; so that I should not feel any personal deficiency to deter me from joining in the battle's roar in the cause of my country. But I am not without my perception of passing events and instigating causes. Yes, coming events do cast their shadows, and I behold many circumstances which enable me to anticipate the future history of Ireland. The rising generation is not as submissive as their fathers were. It may not be equally safe to treat them ill as it is to ill-treat us. The rising youth of Ireland appear to have their pulses beating with better blood, and I have remarked more than once that, while I myself was tranquil, the eye of youth, scarce reached beyond childhood, was glistening, with indignation at the history of six centuries of misgovernment which this country has endured. "This fiery youth, with hotter blood boiling in their veins, is accumulating fast around us. Whilst we of the old day live, we can and will restrain them ; but when the grave has closed upon those who have been nurtured in submission, and trained in the toils of patient entreaty and constitutional prayer — when we are removed — oh! may England, for her own sake, and for the sake of humanity, above all, turn off the evils which even a successful struggle must inflict upon Ireland — may she learn to be wise in time, and


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7 voters of the United States, ever really and voluntarily consented to the Constitution, even for the time being. Nor can we ever have such proof, until every man is left perfectly free to consent, or not, without thereby subjecting himself or his property to injury or trespass from others.

II.

The Constitution says:

 * "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."

This is the only definition of treason given by the Constitution, and it is to be interpreted, like all other criminal laws, in the sense most favorable to liberty and justice. Consequently the treason here spoken of, must be held to be treason in fact, and not merely something that may have been falsely called by that name.

To determine, then, what is treason in fact, we are not to look to the codes of Kings, and Czars, and Kaisers, who maintain their power by force and fraud; who contemptuously call mankind their "subjects;" who claim to have a special license from Heaven to rule on earth; who teach that it is a religious duty of mankind to obey them; who bribe a servile and corrupt priesthood to impress these ideas upon the ignorant and superstitious; who spurn the idea that their authority is derived from, or dependent at all upon, the consent of their people; and who attempt to defame, by the false epithet of traitors, all who assert their own rights, and the rights of their fellow men, against such usurpations.

Instead of regarding this false and calumnious meaning of the word treason, we are to look at its true and legitimate meaning in our mother tongue; at its use in common life; and at what would necessarily be its true meaning in any other contracts, or articles

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 cvi hear of him again in "The Complaynt of Scotland," that curious composition attributed by some to Sir David Lyndsay of the Mount in Fife, and of Gilmerton in East Lothian, pp. 97, 98, where he says—

Nor should we forget, when considering this legend, that story of Herne the Hunter, who,

And even yet, in various parts of England, the story of some great man, generally a member of one of the county families, who drives about the country at night, is common. Thus, in Warwickshire, it is the "One-handed Boughton," who drives about in his coach and six, and makes the benighted traveller hold gates open for him; or it is "Lady Skip with," who passes through the country at night in the same manner. This subject might be pursued to much greater length, for popular tradition is full of such stories; but enough has been said to show how the awful presence of a glorious God can be converted into a gloomy superstition; and, at the same time, how the majesty of the old belief strives to rescue itself by clinging, in the popular consciousness, to some king or hero, as Arthur or Waldernar, or, failing that, to some squire's family, as


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 Rh or the "one-handed Boughton," or even to the Keeper Herne.

Odin and the Æsir then were dispossessed and degraded by our Saviour and his Apostles, just as they had of old thrown out the Frost Giants, and the two are mingled together, in mediaeval Norse tradition, as Trolls and Giants, hostile alike to Christianity and man. Christianity had taken possession indeed, but it was beyond her power to kill. To this half-result the swift corruption of the Church of Rome lent no small aid. Her doctrines, as taught by Augustine and Boniface, by Anschar and Sigfrid, were comparatively mild and pure; but she had scarce swallowed the heathendom of the North, much in the same way as the Wolf was to swallow Odin at the "Twilight of the Gods," than she fell into a deadly lethargy of faith, which put it out of her power to digest her meal. Gregory the Seventh, elected Pope in 1073, tore the clergy from the ties of domestic life with a grasp that wounded every fibre of natural affection, and made it bleed to the very root. With the celibacy of the clergy he established the hierarchy of the Church, but her labours as a missionary church were over. Henceforth she worked not by missionaries and apostles, but by crusades and bulls. Now she raised mighty armaments to recover the barren soil of the Holy Sepulchre, or to annihilate heretic Albigenses. Now she established great orders, Templars and Hospitallers, whose pride and luxury and pomp brought swift destruction on one at least of those fraternities. Now she became feudal—she owned land instead of hearts, and forgot that the true patrimony of St. Peter was the souls of men. No wonder that, with the barbarism of the times, she soon.


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 8 of association, which men might voluntarily enter into with each other.

The true and legitimate meaning of the word treason, then, necessarily implies treachery, deceit, breach of faith. Without these, there can be no treason. A traitor is a betrayer—one who practices injury, while professing friendship. Benedict Arnold was a traitor, solely because, while professing friendship for the American cause, he attempted to injure it. An open enemy, however criminal in other respects, is no traitor.

Neither does a man, who has once been my friend, become a traitor by becoming an enemy, if before doing me an injury, he gives me fair warning that he has become an enemy; and if he makes no unfair use of any advantage which my confidence, in the time of our friendship, had placed in his power.

For example, our fathers—even if we were to admit them to have been wrong in other respects—certainly were not traitors in fact, after the fourth of July, 1776; since on that day they gave notice to the King of Great Britain that they repudiated his authority, and should wage war against him. And they made no unfair use of any advantages which his confidence had previously placed in their power.

It cannot be denied that, in the late war, the Southern people proved themselves to be open and avowed enemies, and not treacherous friends. It cannot be denied that they gave us fair warning that they would no longer be our political associates, but would, if need were, fight for a separation. It cannot be alleged that they made any unfair use of advantages which our confidence, in the time of our friendship, had placed in their power. Therefore they were not traitors in fact: and consequently not traitors within the meaning of the Constitution.

Furthermore, men are not traitors in fact, who take up arms against the government, without having disavowed allegiance to it, provided they do it, either to resist the usurpations of the government, or to resist what they sincerely believe to be such usurpations.

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1922 Encyclopædia Britannica/Bethmann Hollweg, Theobald von

BETHMANN HOLLWEG, THEOBALD VON (1856-1921), Chancellor of the German Empire from July 1909 to July 1917, was born Nov. 29 1856 at Hohenfinow, the family property near Berlin, where he also died. He was descended from the Frankfurt banking family of Bethmann, which attained great prosperity in the 18th century, and a branch of which was founded by his great-grandfather Johann Jakob Hollweg, who had married a daughter of the house. The Chancellor's grandfather was Moritz August von Bethmann Hollweg, a Bonn professor of law, who was a leading member of the Prussian Diet from 1849 to 1855 and was Minister of Education under the Prince-Regent (afterwards William I.) from 1858 to 1862. It was to the Liberal and West-German as well as the commercial traditions of his family that Theobald von Bethmann Hollweg probably owed his appointment to the chancellorship in 1909 in a time of domestic and financial crisis. He had at the same time the qualification of a specifically Prussian career, having risen through the regular legal and official stages of promotion as Referendar, Assessor, Landrat, Government-President at Bromberg and Chief President of the province of Brandenburg. In 1905 he was appointed Prussian Minister of the Interior and in 1907 Secretary of State for the Imperial Home Office and Vice-president of the Prussian Ministry. At the time of Bethmann Hollweg's appointment to the chancellorship internal affairs, under his predecessor Prince Bülow, had reached a deadlock in the Reichstag owing to the revolt of a section of the Liberal-Conservative bloc against the proposal to establish death duties as part of the reform of the finances of the empire. The Catholic Centre, which had left the former parliamentary coalition before the dissolution of the Reichstag by Prince Bülow in 1907, was once more in alliance with the Conservatives, and the fiscal policy which these two parties had imposed upon the Government and the country had alienated the commercial classes and led to violent political conflicts. It was not until the general elections of 1912 had transformed the situation by bringing a great accession to the strength of the moderate National Liberals and the Left, especially the Social Democrats, that the Government was able to reckon upon a more amenable majority. In the interval Bethmann Hollweg endeavoured to conciliate the Catholic Centre by a policy of compromise in matters which had threatened to lead to a renewal of the Kulturkampf, such as the denunciation of the Reformation in the Papal Encyclical of 1910 and the Catholic demand for the modification of the Jesuit law. He secured the final abrogation of this law under stress of war conditions in April 1917. Bethmann Hollweg was likewise the sponsor of the new constitution for Alsace-Lorraine, which in 1911 established the government of that territory of the empire upon the basis of popular representation in a territorial assembly and admission, though without full state rights, to the Federal Council. He was less successful with the vexed question of the Prussian franchise, which in 1910 he attempted to solve by proposing a direct system of election while retaining in a modified form the local division of the electorate according to income-tax assessment into three classes. His bill was ultimately rejected by the reactionary Chamber of Deputies. This question was again to occupy him amid the stress of the war. Under the impression produced by the Russian Revolution of March 1917 he was constrained to inspire the “Easter message” of the Emperor as King of Prussia promising the abolition of the three-class system after the war, a proclamation which was followed in the same year by the edict of July 11 announcing that a bill would at once be introduced to enact equal direct and secret suffrage. This project of reform came too late to reconcile the revolutionary elements in the Prussian state. Bethmann Hollweg's political career ended immediately after the July edict, and, although a bill was introduced in the following Nov. by his successor, Count Hertling, the opposition of the Prussian Conservatives and other reactionary elements prevented it from passing before the revolution. He was equally unsuccessful in dealing with an outbreak of militarism in Nov. 1913 at Zabern in Alsace, where the population, exasperated by the truculence of a young officer, was subjected to the arbitrary exercise of martial law by the colonel in command of the garrison. Bethmann Hollweg's treatment of the incident satisfied neither the reactionaries nor the advanced parties, and, for the first time in the history of the Reichstag, a vote of censure was passed upon the Chancellor.

The foreign policy of Bethmann Hollweg was characterized by the indecision and half-heartedness which compromised his action in home politics. He shared the ambition of the Emperor and of the vast majority of his countrymen to set Germany at the head of Europe and to establish her influence throughout the world by the predominance of her commerce and industry and by the ubiquitous activity of her diplomacy supported by her preponderating military strength. In his speeches during the war the declaration “we must secure from the military and the political and also from the economic point of view the possibility of our expansion” is characteristic and recurs in various forms. In this sense he could truly have said “We could have got all we wanted without war,” i.e. by establishing Germany's power in Europe, on the seas and beyond them in a way that would make her unassailable whatever her policy and action might be. What he could not realize was that the creation and maintenance of vast armaments, combined with the aggressive behaviour of those sections of German opinion which always asserted their influence in public affairs and the truculent tone of the Emperor's frequent public utterances, compelled Germany's neighbours, including Great Britain, to concert measures for meeting the imminent eventuality of active German and Austro-Hungarian aggression. He maintained, like many of his countrymen, that the Triple Entente was the arbitrary and artificial creation of the personal policy of King Edward VII., acting in accord with the feelings of commercial and political jealousy with which Germany's successes were thought to have inspired the British people. He himself, however, had much to endure before and during the war from the intrigues of the

military party, in particular from the hostility of the creator of the German navy, Admiral von Tirpitz, who was once and again put forward by the more aggressive chauvinists as their candidate for the chancellorship. But Bethmann Hollweg himself did not see that the influence of that powerful section of German opinion and its action in military and naval as in foreign policy furnished ample justification for such measures of precaution as the Western Powers and Russia concerted, measures which, indeed, proved hardly adequate to confront the first German onset in 1914.

The renewed conflict with France over Morocco in 1911, the dispatch of the gunboat “Panther” to Agadir, the consequent friction with Great Britain and the prolonged negotiations which led to the mutually unsatisfactory Franco-German Morocco agreement, mainly fell within the province of Bethmann Hollweg's able subordinate, Herr von Kiderlen-Waechter, who at that time was Secretary of State at the Foreign Office. Here, as on other occasions, the Chancellor was probably pacific in his intentions, but in the means which were adopted to secure Germany's objects he showed either lack of judgment or inability to control his political and military subordinates.

In his book Betrachtungen zum Weltkrieg (Reflections on the World War), written in his retirement at Hohenfinow after the collapse of Germany, he gives an account of the exchange of views which took place between him and Lord Haldane during the latter's visit to Berlin in Feb. 1912. This account ought to be read in conjunction with Lord Haldane's own report of his visit, particularly with regard to the attempt of the two statesmen to find a formula for a treaty of mutual assurance calculated to allay apprehensions of war between Great Britain and Germany. Bethmann Hollweg wished to obtain an engagement from Great Britain to observe a benevolent neutrality in the event of Germany's becoming “entangled in a war with one or more other Powers,” or, as he finally formulated it, “if war should be forced upon Germany.” His conception of a war “forced upon Germany” was subsequently revealed by his defence of Germany's declarations of war upon Russia and France, accusing the one Power of having rendered war unavoidable by its precautionary measures of mobilization and the other of having opened hostilities by air raids which never took place. In the exchange of views regarding the German and British naval programmes Lord Haldane received the impression that Bethmann Hollweg was pursuing a different policy from that of Admiral Tirpitz, but that the latter had the support of a powerful and certainly active party in the country and was able to get his way. Indeed, Bethmann Hollweg himself says in his book that “when differences arose between the Admiralty and the civilian leadership public opinion was almost without exception on the side of the Admiralty.” There were from time to time evidences of a similar lack of continuous agreement and coordination between the policy of the Chancellor and that of the Secretaries of State in other departments, while the views of the Emperor William II. himself were notoriously liable to sudden and incalculable change. In a marginal note on one of the diplomatic documents of July 1914, the Emperor contemptuously referred to Bethmann Hollweg as the “civilian Chancellor,” as if policy were the business of the generals. Yet the Chancellor was in evident agreement with the Emperor's view that it was legitimate for Austria, backed by Germany, to alter the balance of power in the Balkans and to put an end to the traditional and national Russian policy of protecting the small Slav nations. Germany's “expansion” in the Near East was similarly to be promoted and her supremacy at Constantinople established at the expense of Russia's interests in a sphere that was vital for the Russian Empire.

The interview between the British ambassador, Sir Edward Goschen, and the German Chancellor, at their parting immediately before the declaration of war in 1914, when the latter in the course of “a harangue which lasted for about 20 minutes” spoke of the international treaty guaranteeing Belgium's neutrality as a “scrap of paper” and asked whether the British

Government had considered “at what price that compact would have been kept,” furnishes the crowning evidence of Bethmann Hollweg's essentially Prussian conceptions of political morality. “In the moment of anger the true man stood revealed. . . . To break a treaty pledging the national honour seemed a natural thing to him, if to keep it involved sacrifice and danger. . . Herr von Bethmann Hollweg evidently thought that a plighted promise need not be kept, if the engagement involves momentous and unpleasant consequences. Not only does it throw the most unpleasant light upon his own notions of honour, but it makes the commentator ask whether it was possible to make any permanent settlement with a nation whose leading statesman obviously held the view that any treaty was only to be kept so long as it was profitable to the signatory parties.”

There is evidence that at the time when Germany broke the peace Bethmann Hollweg was in a state of extreme nervous tension, due probably as much to the sense of the moral quicksands on which Germany's case was based as to the collapse of all his calculations regarding the effect of his policy upon the other Great Powers. In the case of Great Britain his disillusionment was complete and confessed. In the case of Russia he had apparently hoped that a display of firmness would bring about the same public renunciation of Russian policy which Germany had been able to secure by the “bluff” of 1908-9 in connexion with the Austrian annexation of Bosnia and Herzegovina. The Austro-Hungarian ambassador Count Szögyeny's report of his interview with William II. on July 5 is to the effect that in the event of action against Serbia the Emperor Francis Joseph could rely upon Germany's support and “he had not the slightest doubt that Bethmann Hollweg would entirely agree with this view. . . . Russia's attitude would be hostile, but William II. had for years been prepared for this war, and, should it ever come to war between Austria and Russia, we could be convinced that Germany with her customary loyalty to the Alliance would stand at our side.” In subsequent conversation with Bethmann Hollweg Count Szögyeny “ascertained that the Imperial Chancellor, just like the Emperor William, regards immediate action against Serbia as the most radical and best solution of our difficulties in the Balkans. From the international standpoint he considers the present moment more favourable than later and agrees that we shall inform neither Rumania nor Italy [both allies] beforehand of our eventual action.”

Admiral von Tirpitz testifies that upon his mind the ultimatum to Russia and the declaration of war produced the impression of being ill-considered and due to a want of management. “Bethmann Hollweg was throughout those days so excited and irritable that it was impossible to converse with him. I can still hear him as with uplifted arms he repeatedly emphasized the absolute necessity of the declaration of war and put an end to all further discussion.” He told Tirpitz that war must be declared because the Germans wished to send patrols across the frontier at once. Moltke, on the other hand, informed Tirpitz that there was no such intention and that “from his point of view a declaration of war was of no importance.”

During the war period of Bethmann Hollweg's chancellorship (Aug. 1914-July 1917) his public speeches were designed to create the impression of Germany's invincibility. He was accused by his political adversaries of having all the time entertained the secret hope of coming to a separate understanding with Great Britain and of having influenced military and naval policy through the Emperor with this object in view. In reality he never approximated to the elementary conditions of peace terms with the Allies, and in respect both of Belgium and France constantly referred to guarantees in the shape of an extension of power (Machtgrundlagen) which would be a neces- sary condition of a settlement. “History,” he said, “knows no instance of the status quo ante after such tremendous events”

(speech of April 5 1916). On the question of unrestricted submarine warfare he ultimately divested himself of responsibility, having declared to the Emperor in Jan. 1917: “I can give Your Majesty neither my assent to the unrestricted U-boat warfare nor my refusal. I submit to Your Majesty's decision” which was that of the General Staff and the Admiralty. He must have given his explicit assent to the monstrous note addressed on Jan. 19 1917 by his Secretary of State for Foreign Affairs, Zimmermann, to Mexico inviting her to attack the United States in the hope of annexing New Mexico, Texas and Arizona and to try to detach Japan from the Allied cause. His alleged high principles did not prevent him from associating himself with this scheme for a treacherous assault upon a Power with whom Germany was then at peace.

By the middle of July 1917 Bethmann Hollweg had lost all support in the Reichstag. The Conservatives and National Liberals were alienated by his Prussian franchise policy and his conflicts with the higher command. The Left and the Catholic Centre in which Erzberger with his so-called Peace Resolution (adopted by the Reichstag on July 19) had acquired the upper hand were convinced that the Allied and Associated Powers would place no confidence in the overtures of men with the past of Bethmann Hollweg and Zimmermann. Finally, on the morrow of the publication of the second Prussian Franchise Edict, on July 14 1917, Hindenburg and Ludendorff came to Berlin in order to hold conferences with the chiefs of political parties regarding the terms of the “Peace Resolution.” The Chancellor could not tolerate this military interference with his own department, and the Emperor, confronted with an ultimatum from his two indispensable military leaders, accepted the Chancellor's resignation. Bethmann Hollweg retired to Hohenfinow and took no further part in politics beyond writing his Reflections on the World War (vol. i. 1919). He died, at Hohenfinow on Jan. 1 1921, after a brief illness. (G. S.)


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9 It is a maxim of law that there can be no crime without a criminal intent. And this maxim is as applicable to treason as to any other crime. For example, our fathers were not traitors in fact, for resisting the British Crown, before the fourth of July, 1776—that is, before they had thrown off allegiance to him—provided they honestly believed that they were simply defending their rights against his usurpations. Even if they were mistaken in their law, that mistake, if an innocent one, could not make them traitors in fact.

For the same reason, the Southern people, if they sincerely believed—as it has been extensively, if not generally, conceded, at the North, that they did—in the so-called constitutional theory of "State Rights," did not become traitors in fact, by acting upon it; and consequently not traitors within the meaning of the Constitution.

III.

The Constitution does not say who will become traitors, by "levying war against the United States, or adhering to their enemies, giving them aid and comfort."

It is, therefore, only by inference, or reasoning, that we can know who will become traitors by these acts.

Certainly if Englishmen, Frenchmen, Austrians, or Italians, making no professions of support or friendship to the United States, levy war against them, or adhere to their enemies, giving them aid and comfort, they do not thereby make themselves traitors, within the meaning of the Constitution; and why? Solely because they would not be traitors in fact. Making no professions of support or friendship, they would practice no treachery, deceit, or breach of faith. But if they should voluntarily enter either the civil or military service of the United States, and pledge fidelity to them, (without being naturalized,) and should then betray the trusts reposed in them, either by turning their guns against the United States, or by giving aid

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 Rh it may be remarked, had never been collected or reduced to writing till within the last few years, would present a faithful picture of the national consciousness, or, perhaps, to speak more correctly, of that half consciousness out of which the heart of any people speaks in its abundance. Besides those world-old affinities and primeval parallelisms, besides those dreamy recollections of its old home in the East, which we have already pointed out, we should expect to find its later history, after the great migration,, still more distinctly reflected; to discover heathen gods masked in the garb of Christian saints; and thus to see a proof of our assertion above, that a nation more easily changes the form than the essence of its faith, and clings with a toughness which endures for centuries to what it has once learned to believe.

In all mythologies, the trait of all others which most commonly occurs, is that of the descent of the Gods to earth, where, in human form, they mix among mortals, and occupy themselves with their affairs, either out of a spirit of adventure, or to try the hearts of men. Such a conception is shocking to the Christian notion of the omnipotence and omnipresence of God; but we question if there be not times when the most pious and perfect Christian may not find comfort and relief from a fallacy which was a matter of faith in less enlightened creeds, and over which the apostle, writing to the Hebrews, throws the sanction of his authority, so far as angels are concerned. Nor could he have forgotten those words of


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10 and comfort to their enemies, they would be traitors in fact; and therefore traitors within the meaning of the Constitution; and could be lawfully punished as such.

There is not, in the Constitution, a syllable that implies that persons, born within the territorial limits of the United States, have allegiance imposed upon them on account of their birth in the country, or that they will be judged by any different rule, on the subject of treason, than persons of foreign birth. And there is no power, in Congress, to add to, or alter, the language of the Constitution, on this point, so as to make it more comprehensive than it now is. Therefore treason in fact—that is, actual treachery, deceit, or breach of faith—must be shown in the case of a native of the United States, equally as in the case of a foreigner, before he can be said to be a traitor.

Congress have seen that the language of the Constitution was insufficient, of itself, to make a man a traitor—on the ground of birth in this country—who levies war against the United States, but practices no treachery, deceit, or breach of faith. They have, therefore—although they had no constitutional power to do so—apparently attempted to enlarge the language of the Constitution on this point. And they have enacted:

 * "That if any person or persons, owing allegiance to the United States of America, shall levy war against them, or shall adhere to their enemies, giving them aid and comfort, * * * such person or persons shall be adjudged guilty of treason against the United States, and shall suffer death."—Statute, April 30, 1790, Section 1.

It would be a sufficient answer to this enactment to say that it is utterly unconstitutional, if its effect would be to make any man a traitor, who would not have been one under the language of the Constitution alone.

The whole pith of the act lies in the words, "persons owing allegiance to the United States." But this language really leaves the question where it was before, for it does not attempt to

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Author:George Saunders

Contributions to EB1922

 * (with Carl Karsten)
 * (with Carl Karsten)
 * (with Carl Karsten)
 * (with Carl Karsten)

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 ‘You will now be satisfied with receiving a full and true account of all the parliamentary transactions of next Thursday. In town we think it an excellent piece of humour (the author is one Tickell). Burke and C. Fox are pleased with their own speeches, but serious patriots groan that such things should be turned to farce’ (Letters of Gibbon, i. 348; cf. Gent. Mag. 1778, p. 594). On 6 Dec. 1778 Rigby wrote to Garrick, ‘I have had a meeting with “Anticipation” and like him very much.’ The Prince of Wales, as reported by Croker, ‘praised Tickell's talents very highly. Croker added that Sheridan was a little refroidi towards Tickell, his brother-in-law, after the great success of “Anticipation”’ (Croker Papers, iii. 245). Sheridan did not become Tickell's brother-in-law till two years after ‘Anticipation’ was published. A second pamphlet (also anonymous), with the same title, of far inferior interest, probably by another hand, appeared five days before the meeting of parliament in 1779.

Tickell became the husband of Mary Linley [q. v.], whose sister was married to Sheridan on 25 July 1780. He is said to have already had a family by a mistress, Miss B., with whom he had lived (Biographia Dramatica, i. 714). After his marriage in 1780 he had a grant of rooms in Hampton Court Palace. His opera in three acts, called ‘The Carnival of Venice,’ was successfully produced at Drury Lane on 13 Dec. 1781, Linley's music and some of the songs by his wife's sister, Mrs. Sheridan, contributing to the favourable impression. An adaptation of the ‘Gentle Shepherd,’ performed on 27 May 1789, was the last of Tickell's theatrical works.

Intimacy with his brother-in-law, Sheridan, led to his transferring his party pen to the support of Charles James Fox. After several rejections he was elected a member of Brooks's Club in 1785, when his wife wrote to her sister that ‘Tickell is delighted, the great point of his ambition is gained’ (quoted in Sheridan from manuscript letter, i. 357). Tickell was zealously engaged at the time in manufacturing public opinion, and wrote to Dr. Parr for ‘a list of the inns in Warwickshire where farmers resort to, and of such coffee-houses or hotels as are in your county’ (, Works, viii. 130). He was active with his pen in denouncing the commercial treaty made with France in 1787, and he told Dr. Parr that he had written the ‘Woollen-draper's Letter on the French Treaty’ and answered the ‘Political Review,’ ‘I mean the pamphlet which traduced the Prince of Wales and every one else except Hastings’ (, Works, viii. 131). He was a contributor to the ‘Rolliad’ (cf. Notes and Queries, 1st ser. ii. 114, iii. 129–31). Sheridan's sister Elizabeth, writing on 20 Dec. 1788 from her brother's house in Bruton Street, says, ‘Yesterday, Tickell and Joseph Richardson (1755–1803) [q. v.] were here all day preparing an address to come from different parts of the country to counteract Mr. Pitt.’

Early in May 1793 Tickell wrote to Warren Hastings and said that he was in deep distress, and requested a loan of 500l. On 19 May he wrote again, professing sentiments of respect and gratitude for Hastings's ‘spirited and noble manner in acceding to my request’ (Warren Hastings Papers, Brit. Mus.) On 4 Nov. 1793 he killed himself by jumping from the parapet outside the window of his room at Hampton Court. Owing to the exertions of Sheridan, the jury was persuaded to return a verdict of accidental death.

Tickell's first wife (Mary Linley) had died on 27 July 1787, and was buried in the cathedral at Wells. She left two sons and a daughter. When the boys grew up Sheridan obtained admission into the navy for the one and a writership in India for the other; the girl became the mother of John Arthur Roebuck [q. v.] Tickell married in 1789 his second wife, daughter of Captain Ley of the Berrington East Indiaman, a beautiful girl of eighteen, who survived him. She had a small dowry and expensive tastes (, Records of my Life, i. 144). Professor Smyth, tutor to Tom Sheridan, pronounced Tickell's widow to be eminently handsome, but without mind ‘in her countenance or anywhere else.’ She rode in a carriage-and-four, although she was unable to discharge her husband's debts (Memoir of Mr. Sheridan, pp. 54–5).

Mathias in the ‘Pursuits of Literature’ paid Tickell the compliment of styling him ‘the happiest of any occasional writer in his day.’ According to Adair, he had in private conversation a good deal of wit and was an admirable mimic (, Diary, ii. 303). His plays and his pamphlets comprise: 1. ‘The Wreath of Fashion,’ 1778. 2. ‘The Project,’ a poem, 1778, 4to. 3. ‘Anticipation,’ 1778, 8vo. 4. ‘The Green Box of Monsieur de Sartine,’ an adaptation from the French, 1779. 5. ‘Epistle from Charles Fox to John Townshend,’ 1779, 4to. 6. ‘The Carnival of Venice,’ 1781. 7. ‘The Gentle Shepherd,’ 1781.

[Parr's Works, viii. 129–31; Baker's Biographia Dramatica; Gent. Mag. 1793, ii. 1057; Fraser Rae's Biography of Sheridan, 1896.]


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11 show or declare who does "owe allegiance to the United States;" although those who passed the act, no doubt thought, or wished others to think, that allegiance was to be presumed (as is done under other governments) against all born in this country, (unless possibly slaves).

The Constitution itself, uses no such word as "allegiance," "sovereignty," "loyalty," "subject," or any other term, such as is used by other governments, to signify the services, fidelity, obedience, or other duty, which the people are assumed to owe to their government, regardless of their own will in the matter. As the Constitution professes to rest wholly on consent, no one can owe allegiance, service, obedience, or any other duty to it, or to the government created by it, except with his own consent.

The word allegiance comes from the Latin words ad and ligo, signifying to bind to. Thus a man under allegiance to a government, is a man bound to it; or bound to yield it support and fidelity. And governments, founded otherwise than on consent, hold that all persons born under them, are under allegiance to them: that is, are bound to render them support, fidelity, and obedience; and are traitors if they resist them.

But it is obvious that, in truth and in fact, no one but himself can bind any one to support any government. And our Constitution admits this fact when it concedes that it derives its authority wholly from the consent of the people. And the word treason is to be understood in accordance with that idea.

It is conceded that a person of foreign birth comes under allegiance to our government only by special voluntary contract. If a native has allegiance imposed upon him, against his will, he is in a worse condition than the foreigner; for the latter can do as he pleases about assuming that obligation. The accepted interpretation of the Constitution, therefore, makes the foreigner a free person, on this point, while it makes the native a slave.

The only difference—if there be any—between natives and foreigners, in respect of allegiance, is, that a native has a right—offered to him by the Constitution—to come under allegiance to

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 TICKELL, THOMAS (1686–1740), poet, born in 1686 at Bridekirk, Cumberland, was grandson of the Rev. John Tickell of Penrith, and son of Richard Tickell, who became vicar of Egremont in 1673 and of Bridekirk in 1680, and who was again inducted to Egremont in 1685 (Miscellanea Genealogica et Heraldica, new ser. ii. 472). Tickell entered Queen's College, Oxford, in 1701, matriculating on 16 May; he graduated B.A. in 1705, and M.A. on 22 Feb. 1708–9, and was chosen a fellow of the college on 8 Nov. 1710 (, Alumni Oxon.) Hearne (Collections, ed. Doble, iii. 77) says that Tickell was a ‘pretender to poetry,’ and was put over the heads of better scholars. As he did not comply with the statute by taking orders, he obtained a dispensation from the crown (25 Oct. 1717), and he held his fellowship until his marriage in 1726.

On 26 Nov. 1706 Tickell, ‘Taberder of Queen's,’ published his first poem, ‘Oxford,’ dated 1707, and inscribed it to Richard, second lord Lonsdale (, Collections, i. 309;, Select Collection of Poems, v. 33). Conspicuous among those praised in this tribute to the university was Addison, and soon afterwards Tickell printed lines ‘To Mr. Addison, on his Opera of Rosamond,’ whence Pope borrowed expressions for his ‘Epistle to Mr. Addison,’ printed in Tickell's edition of Addison's ‘Works,’ 1721 (, Works, ed. Elwin and Courthope, iii. 206). On 1 Feb. 1709–10 Tickell delivered a laudatory speech at the funeral of Thomas Crosthwaite of Queen's College (, ii. 341), and in January 1710–11 he became university reader or professor of poetry, in the absence in Ireland of [q. v.] Hearne (iii. 111) says that his first lecture was very silly and indiscreet, and calls Tickell an empty vain pretender, without any learning. In August, says Hearne (iii. 218), it was reported that Tickell, ‘a vain conceited coxcomb,’ was author of a silly weekly paper called “The Surprise.”’

In October 1712 Tickell published, in a folio pamphlet dated 1713, his poem ‘To his Excellency the Lord Privy Seal, on the Prospect of Peace.’ Though the piece supported the tory policy of peace, Addison spoke in warm praise of this ‘noble performance’ in the ‘Spectator’ (No. 523); and Pope said that the poem, which went through six editions, contained some ‘most poetical images and fine pieces of painting’ (Works, i. 330, vi. 167–8). In the following month Tickell repaid Addison's compliment in lines ‘To the supposed author of the “Spectator,”’ printed in No. 532 of that periodical, and in 1713 he contributed papers to the ‘Guardian’ and verses to Steele's volume of ‘Poetical Miscellanies’ (December 1713). Verses by him were also prefixed to Addison's ‘Cato’ (1713). Tickell's ‘Royal Progress,’ described as ‘the work of a master,’ was printed in the ‘Spectator’ for 15 Nov. 1714 (No. 620), and at about the same time Addison, who had been appointed secretary to Lord Sunderland, lord-lieutenant of Ireland, gave Tickell employment under him.

Pope's famous quarrel with Addison occurred in 1715. In October 1714 Pope asked Addison to read the first two books of his forthcoming translation of the ‘Iliad;’ but shortly afterwards Addison said that Tickell had a translation of the first book ready for publication, and had asked him to read it; he therefore begged to be excused looking at Pope's. However, at Pope's wish, Addison read the second book, and praised it highly (, Anecdotes, 1858, pp. 35, 110–12, 264). In May 1715 Pope, probably at Addison's request, helped to obtain subscriptions to an edition of Lucan, with notes, which Tickell proposed to publish, an edition, it may be added, which was never executed (, Works, viii. 10, 11;, Lives of the Poets, ed. Cunningham, ii. 185), and in the following month (June 1715) the first volume of Pope's translation of the ‘Iliad’ appeared. In the same week Tickell's translation was published, with a dedication to Lord Halifax, and a repudiation of any idea of rivalry; it was issued, Tickell said, only to bespeak sympathy for a proposed translation of the ‘Odyssey.’ Gay told Pope (8 July) that every one was pleased with Pope's translation except a few at Button's coffee-house, and that Steele said that Addison described Tickell's translation as the best that ever was in any language. Pope wrote bitterly of Cato's little senate at Button's, and said there had been underhand dealing in the writing of Tickell's version: ‘Tickell himself, who is a very fair man, has since, in a manner, as good as owned it to me.’ Years afterwards, in the dedication of the ‘Drummer’ to Congreve (1722), Steele, who was then annoyed with Tickell, spoke of him as ‘the reputed translator of the first book of “Homer;”’ but the Tickell papers prove that without doubt Tickell really wrote the version issued in his name (, Life of Addison, ii. 127–33). Parnell and Arbuthnot criticised the scholarship of Tickell's version (, Works, vii. 457, 474), and Jervas and Berkeley ridiculed Tickell's verse (ib. viii. 13, ix. 3, 540). Pope at one time contemplated an exposure of the inaccuracies of Tickell's version (, Lit. Anecd. i. 110, v. 640, vi. 605), and his manuscript notes on his


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1922 Encyclopædia Britannica/Beyers, Christian Frederick

BEYERS, CHRISTIAN FREDERICK (1869–1914), S. African general, was born in Cape Colony in 1869 and went as a young man to the Transvaal, where he took a prominent part on the Boer side in the S. African War, winning high distinction in the field and bearing the rank of general when peace was made in 1902. Gen. Beyers had much influence, as soldier and statesman, among the Dutch-speaking people of S. Africa, and was, with Gen. Botha and Gen. Smuts, though in a less degree than they, one of the recognized leaders of the Transvaal Dutch. When responsible government was granted to the Transvaal, Beyers became speaker of the Lower House. He showed in the speaker's chair remarkable gifts. He was acute, tolerant and rigidly impartial, thus making a deep impression upon English-speaking S. Africans, who would have supported his claims to be the first speaker of the first S. African House of Assembly, had they been pressed by Gen. Botha, the first Prime Minister. Instead, Beyers was made commandant-general of the Citizen Forces of S. Africa, and in that capacity paid a visit to Great Britain, Germany, Switzerland and Holland in 1912. A man of fine physique, of passionate nature, and of profound religious convictions, Beyers, as commandant-general of S. Africa, was entertained with marked attentions during his visit to Germany by the Kaiser. When the World War broke out, he set himself in almost open opposition to the policy of the Botha Government. For some months this opposition smouldered. Then, at a moment when the S. African expeditionary force was being mobilized for the invasion of German S.W. Africa, and when rebellion was already smouldering among the irreconcilables of the S. African Dutch, Beyers resigned his post as commandant-general in a letter addressed to Gen. Smuts, then Minister of Defence, and published in Het Volk, an anti-Government journal. In this letter he declared that he had always disapproved the Government's intention to invade German S.W. Africa and that this disapproval was shared by the great majority of the Dutch-speaking people of the Union. Gen. Smuts replied in a stern letter declaring that the war was a test of the loyalty to their pledged word of the Dutch-speaking people, and accepting Beyers' resignation. A few weeks later Beyers took the field as a leader of the rebellion against the Government, only to be overwhelmed by the Government troops under the command of Gen. Botha, to be driven from pillar to post as a fugitive, and to be drowned on Dec. 7 1914 while trying to escape from his pursuers by crossing the Vaal river. His body was recovered two days later, and with his death the rebellion was brought to an ignominious end.


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 cx the men of Lystra,—"The gods are come down to us in the likeness of men;" and how they called "Barnabas Jupiter," and himself Mercury, "because he was the chief speaker." Classical mythology is full of such stories. These wanderings of the gods are mentioned in the Odyssey, and the sanctity of the rites of hospitality, and the dread of turning a stranger from the door, took its origin from a fear lest the wayfaring man should be a divinity in disguise. According to the Greek story, Orion owed his birth to the fact that the childless Hyrieus, his reputed father, had once received unawares Zeus, Poseidon, and Hermes, or, to call them by their Latin names, Jupiter, Neptune, and Mercury. In the beautiful story of Philemon and Baucis, Jupiter and Mercury reward the aged couple who had so hospitably received them by warning them of the approaching deluge. The fables of Phaedrus and Æsop represent Mercury and Demeter as wandering and enjoying the hospitality of men. In India it is Brahm and Vishnu who generally wander. In the Edda, Odin, Loki, and Hœnir thus roam about, or Thor, Thialfi, and Loki. Sometimes Odin appears alone as a horseman, who turns in at night to the smith's house, and gets him to shoe his horse,—a legend which reminds us at once of the Master-Smith. Sometimes it is Thor with his great hammer who wanders thus alone.

Now, let us turn from heathen to Christian times, and look at some of these old legends of wandering gods in a


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 Rh new dress. Throughout the Middle Age, it is our blessed Lord and St. Peter that thus wander; and here we see that half-digested heathendom to which we have alluded. Those who may be shocked at such tales in this collection as "The Master-Smith" and "Gertrude's Bird," must just remember that these are almost purely heathen traditions in which the names alone are Christian; and if it be any consolation to any to know the fact, we may as well state at once that this adaptation of new names to old beliefs is not peculiar to the Norsemen, but is found in all the popular tales of Europe. Germany was full of them, and there St. Peter often appears in a snappish ludicrous guise, which reminds the reader versed in Norse mythology with the tricks and pranks of the shifty Loki. In the Norse tales he thoroughly preserves his saintly character.

Nor was it only gods that walked among men. In the Norse mythology, Frigga, Odin's wife, who knew beforehand all that was to happen, and Freyja, the goddess of love and plenty, were prominent figures, and often trod the earth; the three Norns or Fates, who sway the weirds of men, and spin their destinies at Mimirs' well of knowledge, were awful, venerable powers, to whom the heathen world looked up with love and adoration and awe. To that love and adoration and awe, throughout the Middle Age, one woman, transfigured into a divine shape, succeeded by a sort of natural right, and round the Virgin Mary's blessed head a halo of lovely tales of divine help beams with soft radiance as a crown bequeathed to her by the ancient goddesses. She appears as divine mother, spinner, and helpful virgin (vierge secourable). Flowers and plants bear her name. In England one of our commonest and


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96

the news of the day, Good neighbor, I pray?"

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misty, moisty morning When cloudy was the weather, I chanced to meet an old man Clothed all in leather; Clothed all in leather, With cap under his chin,— How do you do, and how do you do, And how do you do again?

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the hoop, and bring the ball, Come with happy faces all; Let us make a merry ring, Talk and laugh, and dance and sing Quickly, quickly, come away, For it is a pleasant day.

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12 the government, if he so please; and thus entitle himself to membership in the body politic. His allegiance cannot be refused. Whereas a foreigner's allegiance can be refused, if the government so please.

IV.

The Constitution certainly supposes that the crime of treason can be committed only by man, as an individual. It would be very curious to see a man indicted, convicted, or hanged, otherwise than as an individual; or accused of having committed his treason otherwise than as an individual. And yet it is clearly impossible that any one can be personally guilty of treason, can be a traitor in fact, unless he, as an individual, has in some way voluntarily pledged his faith and fidelity to the government. Certainly no man, or body of men, could pledge it for him, without his consent; and no man, or body of men, have any right to presume it against him, when he has not pledged it himself.

V.

It is plain, therefore, that if, when the Constitution says treason, it means treason—treason in fact, and nothing else—there is no ground at all for pretending that the Southern people have committed that crime. But if, on the other hand, when the Constitution says treason, it means what the Czar and the Kaiser mean by treason, then our government is, in principle, no better than theirs; and has no claim whatever to be considered a free government.

VI.

One essential of a free government is that it rest wholly on voluntary support. And one certain proof that a government is not free, is that it coerces more or less persons to support it, against their will. All governments, the worst on earth, and the

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 rival's poem have been printed by Conington (Fraser's Mag. lxii. 260). In his ‘Art of Sinking in Poetry’ Pope afterwards quoted from Tickell passages to illustrate mistakes in expression.

When Addison was appointed secretary of state (1717) he chose Tickell as undersecretary, and in the same year Tickell published, in folio, a political pamphlet in verse, ‘An Epistle from a Lady in England to a Gentleman at Avignon,’ which passed through five editions. This was followed in 1718 by ‘An Ode occasioned by the Earl of Stanhope's Voyage to France,’ 8vo (lines which were ridiculed in ‘The Tickler Tickelled,’ 1718), and by ‘An Ode inscribed to the Earl of Sunderland at Windsor,’ 1720, fol. Addison a few days before his death, in June 1719, gave directions to Tickell to collect his works, and commended his friend to Craggs's patronage. Steele objected to Addison's essays in the ‘Tatler,’ &c., being separately printed, but Addison's ‘Works’ were published in due course, in four quarto volumes, on 3 Oct. 1721. Tickell's best poem, the well-known elegy ‘To the Earl of Warwick, on the Death of Mr. Addison,’ was given in the first volume. In December Steele reprinted ‘The Drummer,’ which was not included in Tickell's edition of Addison, and in a prefatory letter to Congreve replied to certain insinuations thrown out by Tickell in the life printed with Addison's ‘Works’ (, Life of Steele, ii. 216, 270–2).

In 1722 Tickell printed an epistle ‘To Sir Godfrey Kneller, at his Country Seat,’ fol., and one of his most ambitious works, ‘Kensington Gardens,’ 4to. In February 1723 Pope talked of writing to Lord Cowper, proposing to resign his newly formed design of a translation of the ‘Odyssey’ to Tickell, in deference to his judgment; but nothing came of this idea (Works, x. 198).

Soon afterwards Tickell migrated to Ireland, and resided at Glasnevin near Dublin. He was given the important post of secretary to the lords justices on 4 May 1724, when Lord Carteret, the new lord-lieutenant, testified to his ‘ability and integrity’ (, Lives of the Poets, ed. Cunningham, iii. 430). In 1724 and the following years there was much friendly intercourse between Swift and Tickell (, Works, xix. 277–303). In 1733 Tickell printed, in folio, verses ‘On Queen Caroline's rebuilding the Lodgings of the Black Prince and Henry V at Queen's College, Oxford.’ Swift spoke in 1736 of Tickell's ‘real concern’ at hearing of Pope's illness (, Works, vii. 336). Tickell died on 23 April 1740 at Bath, and was buried at Glasnevin, where he had a house. A tablet was erected in his memory in Glasnevin church. By his will (dated 9 April 1735, and proved on 24 July 1740) Tickell left his wife (described by her great-grandson as ‘a very clever and most excellent woman’) his executrix and guardian of his children. His library was sold after the widow's death, in 1792, in her ninety-second year.

Johnson writes of Tickell's personal character: ‘He is said to have been a man of gay conversation, at least a temperate lover of wine and company, and in his domestic relations without censure.’ Others, including Steele and Hearne, held a less favourable opinion (cf., Lit. Illustr. i. 436). As a poet Tickell is hardly remembered now by anything except his admirable lines on Addison's death. A favourite with a past generation, the ballad of ‘Colin and Lucy,’ was translated into Latin by Vincent Bourne (Poemata, 1743, p. 145). Goldsmith and Gray spoke of it as one of the best ballads in the language. Gray's general estimate of Tickell, however, was by no means flattering; he wrote of him as ‘only a poor, short-winded imitator of Addison, who had himself not above three or four notes in poetry—sweet enough, indeed, but such as soon tire and satiate the ear with their frequent return.’ Tickell was certainly as good a versifier as Addison; but his chief claim to notice, as he himself felt, is that he was Addison's friend.

Tickell's poems are included in the collections of English poets edited by Johnson and others; pieces which were published in separate form have been already noticed. Some letters by him are in the British Museum (Addit. MSS. 28275 f. 495, 4291, 15936 f. 174; Egerton MSS. 2172 f. 168, 2174 f. 310), and in the ‘Gentleman's Magazine,’ 1786, ii. 1041.

On 23 April 1726 Tickell married, at St. James's, Dublin, Clotilda, daughter and coheiress of Sir Maurice Eustace of Harristown, Kildare, nephew of Sir Maurice Eustace, lord chancellor of Ireland under Charles II. By her he had two sons—John (d. 1793), father of Richard Tickell [q. v.], and Thomas (d. 1777)—and two daughters: Margaret, who married Bladen Swiney; and Philippa.

There is a painting of Tickell at Queen's College, Oxford, presented by his grandson Major Thomas Tickell, which has been engraved by Clamp (1796) and others. A portrait by Vanderbank is in the possession of the family (, Lives, ed. Cunningham, iii. 430–1).

[Miscellanea Genealogica et Heraldica, new ser. ii. 472; Addison's Works; Pope's Works; Swift's Works; Miss Aikin's Life of Addison;


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  has broken his band, And he comes roaring up the land; King of Scots with all his power, Cannot turn Arthur of the Bower.

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we go round the bramble-bush, The bramble-bush, the bramble-bush; Here we go round the bramble-bush, On a cold and frosty morning! 101

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 {| shoes, Mend our shoes, mend our shoes; This is the way we mend our shoes, On a cold and frosty morning!
 * BookOfNurseryRhymes p103a.JPG
 * This is the way we mend our
 * }

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 They sobbed and they sighed, and they bitterly cried, And the poor little things, they lay down and died.

And when they were dead, The Robins so red, Brought strawberry-leaves And over them spread; And all the day long, They sung them this song: "Poor babes in the wood! Poor babes in the wood! And don't you remember the babes in the wood?"

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United States Code/Title 42/Chapter 85/Section 7522

§ 7522. Prohibited acts CAA § 203

(a) Enumerated prohibitions
The following acts and the causing thereof are prohibited—
 * (1) in the case of a manufacturer of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or delivery for introduction, into commerce, or (in the case of any person, except as provided by regulation of the Administrator), the importation into the United States, of any new motor vehicle or new motor vehicle engine, manufactured after the effective date of regulations under this part which are applicable to such vehicle or engine unless such vehicle or engine is covered by a certificate of conformity issued (and in effect) under regulations prescribed under this part or part C in the case of clean-fuel vehicles (except as provided in subsection (b) of this section);
 * (2)
 * (A) for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under section 7542 of this title;
 * (B) for any person to fail or refuse to permit entry, testing or inspection authorized under section 7525 (c) of this title or section 7542 of this title;
 * (C) for any person to fail or refuse to perform tests, or have tests performed as required under section 7542 of this title;
 * (D) for any manufacturer to fail to make information available as provided by regulation under section 7521 (m)(5) of this title;
 * (3)
 * (A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device or element of design after such sale and delivery to the ultimate purchaser; or
 * (B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use; or
 * (4) for any manufacturer of a new motor vehicle or new motor vehicle engine subject to standards prescribed under section 7521 of this title or part C of this subchapter—
 * (A) to sell or lease any such vehicle or engine unless such manufacturer has complied with
 * (i) the requirements of section 7541 (a) and (b) of this title with respect to such vehicle or engine, and unless a label or tag is affixed to such vehicle or engine in accordance with section 7541 (c)(3) of this title, or
 * (ii) the corresponding requirements of part C of this subchapter in the case of clean fuel vehicles unless the manufacturer has complied with the corresponding requirements of part C of this subchapter [1]
 * (B) to fail or refuse to comply with the requirements of section 7541 (c) or (e) of this title, or the corresponding requirements of part C of this subchapter in the case of clean fuel vehicles
 * (C) except as provided in subsection (c)(3) of section 7541 of this title and the corresponding requirements of part C of this subchapter in the case of clean fuel vehicles, to provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the coverage of any warranty under this chapter is conditioned upon use of any part, component, or system manufactured by such manufacturer or any person acting for such manufacturer or under his control, or conditioned upon service performed by any such person, or
 * (D) to fail or refuse to comply with the terms and conditions of the warranty under section 7541 (a) or (b) of this title or the corresponding requirements of part C of this subchapter in the case of clean fuel vehicles with respect to any vehicle; or
 * (5) for any person to violate section 7553 of this title, 7554 of this title, or part C of this subchapter or any regulations under section 7553 of this title, 7554 of this title, or part C of this subchapter.

No action with respect to any element of design referred to in paragraph (3) (including any adjustment or alteration of such element) shall be treated as a prohibited act under such paragraph (3) if such action is in accordance with section 7549 of this title. Nothing in paragraph (3) shall be construed to require the use of manufacturer parts in maintaining or repairing any motor vehicle or motor vehicle engine. For the purposes of the preceding sentence, the term “manufacturer parts” means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine. No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if
 * (i) the action is for the purpose of repair or replacement of the device or element, or is a necessary and temporary procedure to repair or replace any other item and the device or element is replaced upon completion of the procedure, and
 * (ii) such action thereafter results in the proper functioning of the device or element referred to in paragraph (3). No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of a conversion of a motor vehicle for use of a clean alternative fuel (as defined in this subchapter) and if such vehicle complies with the applicable standard under section 7521 of this title when operating on such fuel, and if in the case of a clean alternative fuel vehicle (as defined by rule by the Administrator), the device or element is replaced upon completion of the conversion procedure and such action results in proper functioning of the device or element when the motor vehicle operates on conventional fuel.

(b) Exemptions; refusal to admit vehicle or engine into United States; vehicles or engines intended for export

 * (1) The Administrator may exempt any new motor vehicle or new motor vehicle engine, from subsection (a) of this section, upon such terms and conditions as he may find necessary for the purpose of research, investigations, studies, demonstrations, or training, or for reasons of national security.
 * (2) A new motor vehicle or new motor vehicle engine offered for importation or imported by any person in violation of subsection (a) of this section shall be refused admission into the United States, but the Secretary of the Treasury and the Administrator may, by joint regulation, provide for deferring final determination as to admission and authorizing the delivery of such a motor vehicle or engine offered for import to the owner or consignee thereof upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle or engine will be brought into conformity with the standards, requirements, and limitations applicable to it under this part. The Secretary of the Treasury shall, if a motor vehicle or engine is finally refused admission under this paragraph, cause disposition thereof in accordance with the customs laws unless it is exported, under regulations prescribed by such Secretary, within ninety days of the date of notice of such refusal or such additional time as may be permitted pursuant to such regulations, except that disposition in accordance with the customs laws may not be made in such manner as may result, directly or indirectly, in the sale, to the ultimate consumer, of a new motor vehicle or new motor vehicle engine that fails to comply with applicable standards of the Administrator under this part.
 * (3) A new motor vehicle or new motor vehicle engine intended solely for export, and so labeled or tagged on the outside of the container and on the vehicle or engine itself, shall be subject to the provisions of subsection (a) of this section, except that if the country which is to receive such vehicle or engine has emission standards which differ from the standards prescribed under section 7521 of this title, then such vehicle or engine shall comply with the standards of such country which is to receive such vehicle or engine.


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dear, do you know, How a long time ago, Two poor little children, Whose names I don't know, Were stolen away on a fine summer's day, And left in a wood, as I've heard people say.

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 cxii prettiest insects is still called after her, but which belonged to Freyja, the heathen "Lady," long before the Western nations had learned to adore the name of the mother of Jesus.

The reader of these Tales will meet, in that of "The Lassie and her Godmother," p. 188, with the Virgin Mary in a truly mythic character, as the majestic guardian of sun, moon, and stars, combined with that of a helpful, kindly woman, who, while she knows how to punish a fault, knows also how to reconcile and forgive.

The Norseman's god was a god of battles, and victory his greatest gift to men; but this was not the only aspect under which the Great Father was revered. Not victory in the fight alone, but every other good gift came down from him and the Æsir. Odin's supreme will was that treasure-house of bounty towards which, in one shape or the other, all mortal desires turned, and out of its abundance showers of mercy and streams of divine favour constantly poured down to refresh the weary race of men. All these blessings and mercies, nay, their very source itself, the ancient language bound up in a single word,


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 {| My dame has found her shoe,
 * Cock a doodle doo!

And master's found his fiddling-stick, Sing doodle doodle doo.

Cock a doodle doo! My dame will dance with you While master fiddles his fiddling-stick For dame and doodle doo.
 * BookOfNurseryRhymes p81.jpg
 * }

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13 most tyrannical on earth, are free governments to that portion of the people who voluntarily support them. And all governments—though the best on earth in other respects—are nevertheless tyrannies to that portion of the people—whether few or many—who are compelled to support them against their will. A government is like a church, or any other institution, in these respects. There is no other criterion whatever, by which to determine whether a government is a free one, or not, than the single one of its depending, or not depending, solely on voluntary support.

VII.

No middle ground is possible on this subject. Either "taxation without consent is robbery," or it is not. If it is not, then any number of men, who choose, may at any time associate; call themselves a government; assume absolute authority over all weaker than themselves; plunder them at will; and kill them if they resist. If, on the other hand, "taxation without consent is robbery," it necessarily follows that every man who has not consented to be taxed, has the same natural right to defend his property against a taxgatherer, that he has to defend it against a highwayman.

VIII.

It is perhaps unnecessary to say that the principles of this argument are as applicable to the State governments, as to the national one.

The opinions of the South, on the subjects of allegiance and treason, have been equally erroneous with those of the North. The only difference between them, has been, that the South has held that a man was (primarily) under involuntary allegiance to the State government; while the North held that he was (primarily) under a similar allegiance to the United States government; whereas, in truth, he was under no involuntary allegiance to either.

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