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 178 caricature called "election troops bringing their accounts to the Pay table Westminster," in which Pitt is depicted behind the Treasury gate, blandly professing his own ignorance of any promises of money and referring the clamorous crowd of applicants to old George Rose.

Lord John retired from the representation of Westminster at the general election of 1790 and never again stood for a popular constituency, but he sat for the borough of Knaresborough from 30 March 1793 to 1818, when he withdrew from public life. The right of election in this Yorkshire borough was vested in the owners of between 80 and 90 burgage houses, and the duke of Devonshire owned all but four. The constituency consequently returned his nominees and it was his wish that one of them should be lord John Townshend. He never became a conspicuous figure in parliamentary life, and never filled any important position in office. From 30 March to 13 July 1782 and from 8 April to 30 Dec. 1783 he was a lord of the admiralty and when the ministry of "all the talents" was formed in Feb. 1806 he was created a privy councillor and was joint paymaster of the army from that month until the 4 April 1807. He contented himself for the most part with voting silently, but consistently, for his friend Fox and the political principles which he advocated.

Two special gifts were his. One was the art of mimicry. He could not only reproduce the manner of any person but he could improvise a subject and talk upon it as his victim would. Such was the testimony of the celebrated lady Holland. In her opinion he was "one of the wittiest men there is; his verses are excellent." That was his other talent; he possessed an unrivalled facility for writing verses. That imperious lady's husband wrote to Samuel Rogers about 1818, "I am as full of my own verses as our friend Jack Townshend could be."


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 180 "Lansdowne" and was designed as a satire on that peer, was wholly by Townshend and the piece was then more "terse and classical," more in fact what it was intended to be, a parody of one of Virgil's eclogues. But Richard Tickell, now hand in hand with the leading wits among the Whigs, took the poem up and expanded it into the form in which it appeared. It contains some good lines. Jekyll himself was credited with possessing a "book of sarcasms ready made" and a collection of "stale seventies and pilfer'd spleen." Speaking of the Temple, it is recorded that "the well-known fountain babbles day by day." Was ever, I may ask, any other fountain in the world, so plain and unpretentious as this, honoured by such an army of pilgrims? Yet the inhospitable benchers — inhospitable in this respect only — have not even given their visitors a seat on which to rest. The history of this fountain has never been fully told. It was set up in 1680—81 in the treasurership of William Whitelocke (calendar of Middle temple records, ed. C. H. Hopwood, 1903, p. 179) and cost with pavement and rails around it over £750. It was probably one of the improvements resulting from the great fire in the Temple, which broke out on Sunday night 26 Jany. 1678—9. It is mentioned by George Farquhar in his "Love and a bottle" 1698 (Act IV., Scene II.), by Charles Lamb in his essay on "the old benchers of the Inner Temple" — he "made it to rise and fall how many times! to the astoundment of the young urchins, his contemporaries" — and forms the subject of a poem by L. E. L. But its fame has been spread far and wide through its introduction by Dickens into the novel of "Martin Chuzzlewit."

Beau Brummell was a bit of an author himself, but he displayed more energy in collecting the poetical effusions of others. All the fashionables of that day professed a love of literature and dabbled in poetry, chiefly satirical,

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


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 182 lord John's surprise, the Prince Regent asked him in January 1819 to dinner at the Pavilion. Hitherto Florizel had "cut me as one of the old Whig set" but now he put forward all his powers of pleasing, "addressed his whole conversation to me and talked of nothing but Fox and old scenes." Nobody could be more agreeable than George the fourth when he liked. Townshend loved to discourse on Fox and the men around him. In Clayden's work on "Rogers and his contemporaries" (I., 220—3) is a long letter from him, mostly on Sheridan. There are many letters to and from him in Dr. Parr's works (I., 355—6, vii., 161—72, 630—6).

Townshend married on 10 April 1787 Georgiana Ann, eldest daughter of William Poyntz, of Midgham, in Berkshire, and niece to the dowager lady Spencer. She was divorced on Townshend's account from her first husband, William Fawkener, clerk of the privy council and a son of the gay old sir Everard Fawkener, whose varied life comprised a residence of some years in Constantinople, the patronage of Voltaire when in England, and the tenure of such official positions as secretary to the duke of Cumberland and postmaster-general. Townshend and she met at lord Melbourne's at Brocket Hall in the summer of 1785. A duel between him and her first husband took place in Hyde Park in May of next year. "Fawkener fired at and missed the defendant who fired in the air." Townshend and his wife lived happily together for many years. He died at Brighton on the 25 Feb. 1833, she survived until 4 May 1851, when she was in her 89th year. Her funeral at Hertford testified to the universal respect in which she was held. She had lived down any accusation which could be brought against her.

Three of their children died in early life, among them was his eldest son, Charles Fox Townshend, who was


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 Rh alluring picture of the pleasures of life at Brooks's, a worthy man "who blushes to be paid." Hare, the Hare of many friends, complained a year or two later that he seldom saw Fox "except at supper at Brooks's, with lord John Townshend." Lord John Russell, in quoting this passage calls him a "young man of very lively parts, who by his talents and devotion seems to have gained at this time an influence with Mr. Fox, the results of which were of great importance." (life and times of Fox, I., 337.) Fox put his friend prominently forward in July 1788. There was a bye-election for the city of Westminster. Admiral Hood had been made a lord of the admiralty and sought re-election from the electors. Westminster was one of the half-dozen populous borough constituencies in England where the franchise was of such a nature that the mass of the inhabitants could express their opinions at the polling booths. All through the reigns of the four Georges it was the centre of political attraction. The feelings of the constituency had been roused to indignation by the ill-advised attempt which Pitt had made to prevent through a scrutiny his illustrious rival from sitting for the borough. Fox determined upon a struggle for the complete representation of the borough and Townshend was nominated as the Whig opponent of the Tory Hood. Both sides put forward their whole strength but victory after a violent contest was on the side of the Whigs. They polled 6392 votes against 5569 which had been given to Hood and so two Whigs sat in parliament for Westminster. The success was celebrated by every proof of party exultation. Rioting occurred, as at the previous election in 1784, and the windows in the houses of the leading Tories were doomed to destruction. Gillray, for once on the side of the Whigs, expressed the current opinion on the lavish expenditure of the Tories in a


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 Rh The opportunity for a display of his skill in versifying came to him in 1784. Most of the wits of the day were ranged on the side of the Whigs, and they soon found subjects for their jests among the supporters of Pitt. A country squire who represented Devonshire in parliament made himself the object of satire by his ludicrous speeches in the house against Fox and on behalf of Mr. Pitt. This was John Rolle, a young man with large estates in and around the two watering-places of Exmouth and Sidmouth, who lived to be the old lord Rolle who stumbled at the steps of the throne in 1838 when paying homage to the young queen Victoria. His name gave the title to their chief satire which first appeared as "criticisms on the Rolliad, a poem, being a more faithful portraiture of the present immaculate young minister and his friends, than any extant." Edition after edition poured from the press and into the stream of satire, as it sped its course, flowed many tributary poems. By 1795 it had become "The Rolliad in two parts; probationary odes for the laureatship and poetical miscellanies." The jokes and allusions had their days of life but have now passed into the grave. No one reads these satires and if many did only a few would appreciate the points. Speculation was long excited over the authorship of these effusions and gradually, through the testimony of contemporary politicians, most of the pieces found their parents. Lord John Townshend was certainly the begetter of not a few of them. He wrote the "probationary ode for Major Scott" the dullard that Warren Hastings chose for his champion in Parliament, and the playful parody of Horace's "donec gratus eram tibi," as well as numerous odes to his political opponents, lords Barrington, Dartmouth, George Germaine and sir Elijah Impey. Perhaps the most popular of his productions was Jekyll, a political eclogue. The original draft, which bore the name of


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 Rh and circulated without their names. Moving as he did in the highest circles of life, he knew the arcana of authorship which were concealed from others. He kept a pocket book into which he entered all the odes and satires which attracted his notice and the names of those to whom they were assigned. Many of them are introduced into the fifteenth chapter of Jesse's life of the "beau" and among them are several by Townshend. One set by him was put forward as composed by Robert Adair, and was addressed to lady Hunloke, a coquette and a card player, who was reputed to be in love with Adair. The lady's reply to these verses which is given in the same chapter of the biography, was the composition of the duchess of Devonshire. In the following chapter are more verses by Townshend and these were composed as written by a clergyman to the countess of Blessington. If Adair had a share in the composition of the Rolliad (but the evidence is not clear on that point), he far outlived all his colleagues in its production. If he were guiltless of the accusation, the last survivor of these wits was lord John Townshend.

Townshend loved society and lived much in it. With Fox and Sheridan, Hare and Fitzpatrick, he often repaired to Whitbread's country house at Southill, in Bedfordshire. The party used to delight in teasing the leader whom they idolized. Fox, the sweetest-tempered of mankind, bore it all with equanimity but if it became necessary, he put out his paw and crushed them. After his retirement from active life in politics Townshend divided his time between his two houses, that of Ball's Park near Hertford, and his seaside retreat at Brighton. In Hertfordshire he cultivated the friendship of the professors at the East India College. Malthus, the Malthusian, was "my particular and most amiable" friend. When at the seaside, Moore would call upon him and have much talk about Sheridan. Much to


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 Rh named after his father's friend. He took the degree of M.A. at Trinity College, Cambridge, in 1816 and died in the following year. Their daughter, Isabella Georgiana Townshend was ill for "three long years" and died on 17 Sept. 1811. Her father wrote some pathetic lines to her memory. They are preserved in BrummeH's notebook, are inscribed on a tablet on the south wall of All Saints church, Hertford, over the pew of the manor of Ball's, and were printed on a fly-sheet which was bound by Archdeacon Wrangham in a volume of poetical and classical effusions now belonging to the British Museum.

Both father and mother were buried in that church at Hertford. The tablet to lord John Townshend contains the words: "For a period little short of thirty years he was the friend and companion of that illustrious patron and statesman, Mr. Fox. A distinction which was the pride of his life and the only one he was anxious might be recorded after his death." Marvellous indeed must have been the fascination of the politician who during long years of exile from office could retain the friendship and the allegiance of nearly every member of the brilliant band which had gathered around him under the brighter auspices of his youth.


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22 she, "Why, I would have waited for him till he was born."

The young husband fell fighting against the Moors in 1343. By his elderly wife he left a son, Gaston Phœbus, of whom more when we come to Orthez. Gaston Phœbus was succeeded by a cousin, Matthew de Castelbon, who died in 1398, without issue, and he was followed by his sister Isabella, married to Archibald, Captal de Buch, a just and worthy ruler. They had a son, John of Béarn, who succeeded his mother in 1426. He captured the antipope, Benedict XIII, and threw him into a dungeon in one of his castles, where he died of ill-treatment, and then John denied Christian burial to his body. This so delighted Pope Martin, the rival of Benedict, that he conferred on John the title of "Avenger of the Faith." Jean was succeeded by his son Gaston, who placed his sword at the disposal of Charles VI. At Bordeaux with his aid the English underwent a signal defeat. He was married to Eleanor of Navarre, through whom the claim to the title of King of Navarre came to her descendants. How that was, and the crimes that brought it about, must now be told.

Charles the Noble, King of Navarre, died in 1425. Having lost his only son, he bequeathed crown and kingdom to his daughter Blanche, married to Juan of Aragon, brother of Alphonso, King of Aragon and the Two Sicilies, and by reversion after her death to their son Charles, Prince of Viana. Juan of Aragon acted as viceroy to his brother whilst Alphonso was in Italy. On the death of Charles the Noble Juan and Blanche assumed the titles of King and Queen of Navarre. Blanche died in 1441, and by her will bequeathed the kingdom, in accordance with her father's desire, to her son Charles of Viana. But Juan had no thought of

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Rh the crown to his son. He married a young, handsome, and ambitious woman, Juana Henriquez, daughter of the Admiral of Castille, and she became the mother of Ferdinand, afterwards known as "the Catholic." Thenceforth she schemed to obtain all that could be grasped for her own son Ferdinand. Charles was an amiable, accomplished youth, fond of literature and of the arts. Queen Blanche, in her will, had urged him not to assume the government without the consent of his father; but when, in 1452, the estates of Aragon recognized him as heir to the crown, and Juan declined to resign, Charles openly raised the standard of revolt. Juan marched against his son, and Charles was defeated, taken prisoner, and consigned to a fortress. There he remained for a year, and would have remained on indefinitely had not the Navarrese armed for his deliverance. Juan was forced to yield, and as a compromise confirmed Charles in the principality of Viana, and promised to abandon to him half the royal revenues.

The reconciliation thus forcibly effected was not likely to last; in fact, the compromise suited neither party. The father burned to chastise sharply his rebellious son, and Charles chafed at being defrauded of the crown which was his undoubted heritage. Hence in 1455 both prepared to renew the contest. The following year, 1456, the prince was again defeated by his father, and was compelled to fly to his uncle Alphonso, who was then at Naples. During his absence Juan summoned the estates and declared that both Charles and his eldest daughter Blanche were excluded from succession to the throne—Charles on account of his rebellion, Blanche for having espoused his cause—and Juan proclaimed his youngest daughter Leonora to be his heir. Blanche had

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24 been married to, and then separated from, Henry the Impotent, King of Castille. Leonora was married to the Count of Foix. The inhabitants of Pampeluna, and the people generally throughout Navarre, were indignant at the injustice committed by Juan; they elected Charles to be their king, and invited him to ascend the throne. Unfortunately for him, Alphonso, King of Aragon and the Two Sicilies, died in 1458, whereupon Juan ascended the throne that had been occupied by his brother. Charles now hoped for a reconciliation, which he had reason to expect, as his father now wore three crowns which had come to him by right; and he hoped that Juan would readily surrender to him that of Navarre, which he had usurped, and to which he had no legitimate claim. The Prince of Viana landed in Spain in 1459, and dispatched a messenger to Juan entreating him to forget the past and to recognize his claim to Navarre at present and his right to succession to Aragon. But Juan would allow nothing further than restoration to the principality of Viana, and expressly forbade his son setting foot in Navarre. Had the misunderstanding ended here, it had been well for Charles; but a new occasion of dispute arose. Henry IV of Castille offered his sister Isabella, heiress to the crown after his death, to Charles of Viana. This alarmed and enraged Juana, the stepmother of Charles, who calculated on effecting this alliance for her own son Ferdinand, and uniting under his sceptre the kingdoms of Aragon and Castille. To obtain this end Charles must be got rid of. Accordingly she induced his father Juan to invite him to a conference at Lerida. The prince went thither unsuspiciously, and was at once arrested and thrown into prison. The Estates of Aragon and Catalonia were incensed at the harsh and unjust

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various characters never estimable. But it must not be supposed that all Gascons are such sorry creatures as those spoken of above. There are to be found among them men of rare merit, and men with plenty of courage, men as honest as are any others. But, actually, all Gascons do not come from Gascony. Every nation under the sun breeds its braggarts and false braves. 'The true Gascons,' says a writer who knew them well in their own land washed by the Garonne, ’the true Gascons possess a good deal of heart, and are desirous of making all the world aware of the fact.' But I am not satisfied that they do not make display of more heart than they actually possess."

A collection of bons-mots and blunders made by Gascons is found in Vasconia Lyons, 1730. The description of a Gascon, as given by a fellow-countryman, is more flattering than that above. He says: "To be a Gascon is to be a happy mixture of dazzling virtues and of agreeable and convenient faults. Everything in us is charming, even our imperfections. What if there be blemishes perceptible in us? There are spots in the sun itself."

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Zarin v. Commissioner

On Appeal from the United States Tax Court; No. 21371-86.

William M. Goldstein, (Argued), Theodore P. Seto, Drinker, Biddle & Reath, Philadelphia, Pennsylvania, Attorneys for Appellants.

Bruce Ellisen, (Argued), Gary R. Allen, United States Department of Justice, Tax Division, Washington, District of Columbia, Attorneys for Appellee.

Stapleton, Cowen and Weis, Circuit Judges. Stapleton, Circuit Judge, dissenting.

title: Zarin v. Commissioner


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Page:The Unconquered Air, Coates, 1912.djvu/22

 ODE TO SILENCE

, sublime, who on the throne

Of eyeless Night sat, awful and alone,

Before the birth of Cronos,—brooding deep

Upon the voiceless waters which asleep

Held all things circled in their gelid zone:

O Silence! how approach thy shrine

Nor falter in the listening void to raise

A mortal voice in praise,

Nor wrong with words such eloquence as thine?

Amid the fragrant forest hush,

The nightingale or solitary-thrush

May, on thy quiet breaking, give no wound;

For they such beauty bring as all redeems,

Nor fear to interrupt thy dreams

Or trouble thy Nirvana with a sound!

And though more fitting worship seem the breath

Of violets in the sequestered wood,

The zephyr that low whispereth

To the heart of Solitude,

The first unfolding of the bashful rose

That noiseless by the wayside buds and blows;

6


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 Rh More fitting worship the far drift of clouds

O'er azure floating with a swan-like motion,

The Siren-lays faint heard amid the shrouds,

The voiceless swell of the unfathomed ocean,

The silver Dian pours on the calm stream

Where pale the lotus-blossoms lie adream,—

Yet, mother of all high imaginings,

In whom is neither barrenness nor dearth,

Wise guardian of the sacred springs

Whose fresh primordial waters heal the earth,—

O soul of muted fire,

Of whom is born the passionate desire

That gives to beauty birth,—

All music that hath been, howe'er divine,

All possibilities of sound are thine!

The syrinx-reed, the flute Apollo owns,

Symphonic chords, and lyric overtones,

First draw their inspiration at thy shrine.

There come heart-broken mortal things;

There once again they find their wings;

There garner dreams benign,—

O nurse of genius! unto whom belong

Beethoven's harmonies and Homer's deathless song!


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 in Coventry, and, in opposition to a church movement conceived on straiter lines, took an active part in promoting an unsectarian school which should be available for dissenters. His first publication was an 'Address to the Working Classes on the Education of the Body' (1837). This was followed by the 'Education of the Feelings' (1838), of which there have been several editions, the last of them taking the form of a school manual ('The Education of the Feelings: a Moral System for secular schools,' 1872). In 1841 he published the 'Philosophy of Necessity, or the Law of Consequences as applicable to Mental, Moral, and Social Science;' this work contained an appendix (afterwards separately published) by the author's sister-in-law, Mary Hennell, giving an historical outline of communities founded on the principle of cooperation. The socialistic theories at this time in the air specially attracted him, and in 1842 he attended Robert Owen's 'Opening of the Millennium' at Queenwood, Hampshire. The failure of this experiment limited his social aspirations to more practicable objects. He helped to establish (1843) the Coventry Labourers' and Artisans' Society, which developed into a co-operative society, of which he was president; he started (1845) a working man's club, which failed owing to the rival attractions of the public-house; and he took an active share in the management of the Coventry Mechanics' Institute and the Coventry Provident Dispensary. In addition to the works already named, he published the 'Philosophy of Necessity,' 2nd. ed. 1861 (in great part re-written); 'On Force and its Mental Correlates,' 1866; 'A Manual of Anthropology, or Science of Man based upon Modern Research (1st ed. 1871, 2nd ed. 1883); 'Psychological and Ethical Definitions on a Physiological Basis,' 1879; and a number of pamphlets on speculative and practical subjects. The possession of a local paper (1846-74) gave him an additional field for his opinions, which at all times, and on all subjects, he stated with a candour that took no account of consequences. Converted to phrenology by George Combe, with whom he formed an intimate association, he never abandoned it. Phrenology and the doctrine of necessity form the groundwork of all his writings. Among his early friends was Mary Ann Evans (George Eliot), who while young and uncelebrated was for some time a member of his household. In his autobiography ('Phases of Opinion and Experience during a Long Life,' 1884) he gives an interesting account of her, and George Eliot's 'Life as related in her Letters and Journals' (1885) is largely based on correspondence with 'the Brays' (i.e. Bray, his wife, and his sister-in-law, Miss Sara Hennell). A postscript to the 'Phases of Opinion and Experience,' dictated rather less than three weeks before his death, which took place on 5 Oct. 1884, contains the following: 'My time is come, and in about a month, in all probability, it will be finished. … For fifty years and more I have been an unbiassed and an unprejudiced seeker after truth, and the opinions I have come to, however different from those usually held, I am not now, at the last hour, disposed to change. They have done to live by, they will do to die by.'

BRAY, EDWARD ATKYNS (1778–1857), poet and miscellaneous writer, the only son of Edward Bray, solicitor, and manager of the Devonshire estates of the Duke of Bedford, was born at the Abbey House, Tavistock, 18 Dec. 1778. His mother, Mary, a daughter of Dr. Brandreth of Houghton Regis, and the widow of Arthur Turner, would not allow her son to be sent to a public school, and he was educated by himself, a circumstance which engendered in him habits of isolation and restraint. At an early age he cultivated poetry, two small selections from his effusions circulating among his friends before he was twenty-three. Bray became a student at the Middle Temple in 1801 and was called to the bar in 1806. For some time he went the western circuit, but the profession of the law had from the first ill accorded with his disposition, and after five years of trial he abandoned it for the church. He was ordained by the Bishop of Norwich about 1811, and in the following year, by the favour of the Duke of Bedford, became the vicar of Tavistock and the perpetual curate of Brent Tor. Almost immediately after his ordination he entered himself at Trinity College, Cambridge, and took the degree of B.D. as a ten-year man in 1822. In Tavistock he resided for the rest of his life, and if he differed from his parishioners on politics or preached over their heads, he retained their respect. He married the widow of C. A. Stothard [see ], and an amusing account of the habits of the worthy vicar and his wife is embodied in the latter's autobiography. Bray died at Tavistock 17 July 1857. During his lifetime he published several selections of sermons: 'Sermons from the Works of the most


text: The Unconquered Air, and Other Poems (1912)/Ode to Silence


text: A Book of the Pyrenees/Chapter 2

title: A Book of the Pyrenees/Chapter 2


text: The Unconquered Air, and Other Poems (1912)/How Wonderful is Love!


text: A Book of the Pyrenees/Chapter 1

title: A Book of the Pyrenees/Chapter 1


text: The Unconquered Air, and Other Poems (1912)/His Face


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 eminent Divines of the 16th, 17th, and 18th Centuries,' 1818. 'Discourses from Tracts and Treatises of eminent Divines,' 1821. 'Select Sermons by Thomas Wilson, Bishop of Sodor and Man,' and a volume of his own, 'Discourses on Protestantism,' 1829.

His poetical productions were for the most part circulated privately. After Bray's death his widow collected and published his 'Poetical Remains' (1859, 2 vols.), and also 'A Selection from the Sermons, General and Occasional, of Rev. E. A. Bray' (1860, 2 vols.) At one time he projected a history of his native town of Tavistock, and made considerable collections for it, but the undertaking was never completed. Many extracts from his journals describing the curiosities of Dartmoor and many of his poems are inserted in Mrs. Bray's 'Tamar and Tavy.' When she published her work on Switzerland she embodied with it many passages in the diary which her husband kept whilst on the tour.

BRAY, JOHN (fl. 1377), physician and botanist, received a pension of 100s. a year from William, earl of Salisbury, which was confirmed by Richard II. He wrote a list of herbs in Latin, French, and English, 'Synonyma de nominibus herbarum.' This manuscript was formerly part of the collection of F. Bernard; it is now in the Sloane Collection in the British Museum.

BRAY, REGINALD (d. 1503), statesman and architect, was the second son of Sir Richard Bray, one of the privy council to Henry VI, by his wife Joan Troughton. The father was of Eaton-Bray in Bedfordshire, and lies buried in the north aisle of Worcester cathedral; Leland speaks of him as having been, by the report of some, physician to Henry VI (Itinerary, 113 a). The son was born in the parish of St. John Bedwardine, near Worcester (, Worcestershire, ii. 309). He held the situation of receiver-general and steward of the household to Sir Henry Stafford, the second husband of Margaret, countess of Richmond (mother of the Earl of Richmond, afterwards King Henry VII), and he continued in her service during her subsequent marriage with Thomas, lord Stanley (afterwards Earl of Derby), by whom he was appointed a trustee for her dower of 600 marks per annum. In 1 Richard III (1483) he had a general pardon granted to him, probably for having taken part with Henry VI.

When the Duke of Buckingham had concerted with Morton, bishop of Ely (then his prisoner at Brecknock in Wales), the marriage of the Earl of Richmond with the Princess Elizabeth, eldest daughter of Edward IV, and the earl's advancement to the throne, the bishop recommended Bray for the communication of the affair to the countess, telling the duke that he had an old friend who was in her service, a man sober, secret, and well witted, called Reginald Bray, whose prudent policy he had known to have compassed matters of great importance; and accordingly he wrote to Bray, then in Lancashire with the countess, to come to Brecknock with all speed. Bray readily obeyed the summons, entered heartily into the design, and was very active in carrying it into effect, having engaged Sir Giles Daubeney (afterwards Lord Daubeney), Sir John Cheney, Richard Guilford, and many other gentlemen of note, to take part with Henry (, Chronicle, f. 37). After the defeat of Richard III at Bosworth he became a great favourite with Henry VII, who liberally rewarded his services; and he retained the king's confidence until his death. He was created a knight of the Bath at the king's coronation, and afterwards a knight of the Garter. In the first year of the king's reign he had a grant of the constableship of the castle of Oakham in Rutland, and was appointed joint chief justice, with Lord Fitzwalter, of all the forests south of Trent, and chosen of the privy council. After this he was appointed high-treasurer and chancellor of the duchy of Lancaster.

In 3 Henry VII he was appointed keeper of the parks of Guilford and Henley, with the manor of Claygate in Ash for life; and the year following, by letters patent dated at Maidstone 23 Dec. 1488, a commissioner for raising the quota of archers to be furnished by the counties of Surrey, Hampshire, and Middlesex for the relief of Brittany. By indenture dated 9 May 1492 he was retained to serve one whole year in parts beyond the seas, with twelve men of arms, including himself, each having his custrel (shield-bearer) and page, twenty-four half-lances, seventy-seven archers on horseback, and two hundred and thirty-one archers and twenty-four bill-men on foot; being at the same time made paymaster of the forces destined; for this expedition (, Fœdera, ed. 1711, xii. 480). On the king's intended journey to France, Sir Reginald was one of those in whom the king vested his estates belonging to the duchy of Lancaster for the purpose of


text: The Unconquered Air, and Other Poems (1912)/Deathless Death


text: The Unconquered Air, and Other Poems (1912)/In the Town a Wild Bird Singing


text: The Unconquered Air, and Other Poems (1912)/Robert Browning


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Zarin v. Commissioner/Opinion of the Court

[p111] COWEN, Circuit Judge

David Zarin ("Zarin") appeals from a decision of the Tax Court holding that he recognized $ 2,935,000 of income from discharge of indebtedness resulting from his gambling activities, and that he should be taxed on the income. This Court has jurisdiction to review the Tax Court's decision under section 7482 of the Internal Revenue Code (1954) (the "Code"). After considering the issues raised by this appeal, we will reverse.

I.
Zarin was a professional engineer who participated in the development, construction, and management of various housing projects. A resident of Atlantic City, New Jersey, Zarin occasionally gambled, both in his hometown and in other places where gambling was legalized. To facilitate his gaming activities in Atlantic City, Zarin applied to Resorts International Hotel ("Resorts") for a credit line in June, 1978. Following a credit check, Resorts granted Zarin $ 10,000 of credit. Pursuant to this credit arrangement with Resorts, Zarin could write a check, called a marker, and in return receive chips, which could then be used to gamble at the casino's tables.

Before long, Zarin developed a reputation as an extravagant "high roller" who routinely bet the house maximum while playing craps, his game of choice. Considered a "valued gaming patron" by Resorts, Zarin had his credit limit increased at [p112]  regular intervals without any further credit checks, and was provided a number of complimentary services and privileges. By November, 1979, Zarin's permanent line of credit had been raised to $ 200,000. Between June, 1978, and December, 1979, Zarin lost $ 2,500,000 at the craps table, losses he paid in full.

Responding to allegations of credit abuses, the New Jersey Division of Gaming Enforcement filed with the New Jersey Casino Control Commission a complaint against Resorts. Among the 809 violations of casino regulations alleged in the complaint of October, 1979, were 100 pertaining to Zarin. Subsequently, a Casino Control Commissioner issued an Emergency Order, the effect of which was to make further extensions of credit to Zarin illegal.

Nevertheless, Resorts continued to extend Zarin's credit limit through the use of two different practices: "considered cleared" credit and "this trip only" credit. Both methods effectively ignored the Emergency Order and were later found to be illegal.

By January, 1980, Zarin was gambling compulsively and uncontrollably at Resorts, spending as many as sixteen hours a day at the craps table. During April, 1980, Resorts again increased Zarin's credit line without further inquiries. That same month, Zarin delivered personal checks and counterchecks to Resorts which were returned as having been drawn against insufficient funds. Those dishonored checks totaled $ 3,435,000. In late April, Resorts cut off Zarin's credit.

Although Zarin indicated that he would repay those obligations, Resorts filed a New Jersey state court action against Zarin in November, 1980, to collect the $ 3,435,000. Zarin denied liability on grounds that Resort's claim was unenforceable under New Jersey regulations intended to protect compulsive gamblers. Ten months later, in September, 1981, Resorts and Zarin settled their dispute for a total of $ 500,000.

The Commissioner of Internal Revenue ("Commissioner") subsequently determined deficiencies in Zarin's federal income taxes for 1980 and 1981, arguing that Zarin recognized $ 3,435,000 of income in 1980 from larceny by trick and deception. After Zarin challenged that claim by filing a Tax Court petition, the Commissioner abandoned his 1980 claim, and argued instead that Zarin had recognized $ 2,935,000 of income in 1981 from the cancellation of indebtedness which resulted from the settlement with Resorts.

Agreeing with the Commissioner, the Tax Court decided, eleven judges to eight, that Zarin had indeed recognized $ 2,935,000 of income from the discharge of indebtedness, namely the difference between the original $ 3,435,000 "debt" and the $ 500,000 settlement. Zarin v. Commissioner, 92 T.C. 1084 (1989). Since he was in the seventy percent tax bracket, Zarin's deficiency for 1981 was calculated to be $ 2,047,245. With interest to April 5, 1990, Zarin allegedly owes the Internal Revenue Service $ 5,209,033.96 in additional taxes. Zarin appeals the order of the Tax Court.

II.
The sole issue before this Court is whether the Tax Court correctly held that Zarin had income from discharge of indebtedness. Section 108 and section 61(a)(12) of [p113]  the Code set forth "the general rule that gross income includes income from the discharge of indebtedness." I.R.C. § 108(e)(1). The Commissioner argues, and the Tax Court agreed, that pursuant to the Code, Zarin did indeed recognize income from discharge of gambling indebtedness.

Under the Commissioner's logic, Resorts advanced Zarin $ 3,435,000 worth of chips, chips being the functional equivalent of cash. At that time, the chips were not treated as income, since Zarin recognized an obligation of repayment. In other words, Resorts made Zarin a tax-free loan. However, a taxpayer does recognize income if a loan owed to another party is cancelled, in whole or in part. I.R.C. §§ 61(a)(12), 108(e). The settlement between Zarin and Resorts, claims the Commissioner, fits neatly into the cancellation of indebtedness provisions in the Code. Zarin owed $ 3,435,000, paid $ 500,000, with the difference constituting income. Although initially persuasive, the Commissioner's position is nonetheless flawed for two reasons.

III.
Initially, we find that sections 108 and 61(a)(12) are inapplicable to the Zarin/Resorts transaction. Section 61 does not define indebtedness. On the other hand, section 108(d)(1), which repeats and further elaborates on the rule in section 61(a)(12), defines the term as any indebtedness "(A) for which the taxpayer is liable, or (B) subject to which the taxpayer holds property." I.R.C. § 108(d)(1). In order to come within the sweep of the discharge of indebtedness rules, then, the taxpayer must satisfy one of the two prongs in the section 108(d)(1) test. Zarin satisfies neither.

Because the debt Zarin owed to Resorts was unenforceable as a matter of New Jersey state law, it is clearly not a debt "for which the taxpayer is liable." I.R.C. § 108(d)(1)(A). Liability implies a legally enforceable obligation to repay, and under New Jersey law, Zarin would have no such obligation.

Moreover, Zarin did not have a debt subject to which he held property as required by section 108(d)(1)(B). Zarin's indebtedness arose out of his acquisition of gambling chips. The Tax Court held that gambling chips were not property, but rather, "a medium of exchange within the Resorts casino" and a "substitute for cash." Alternatively, the Tax Court viewed the chips as nothing more than "the opportunity to gamble and incidental services. . ." Zarin, 92 T.C. at 1099. We agree with the gist of these characterizations, and hold that gambling chips are merely an accounting mechanism to evidence debt.

[p114] Gaming chips in New Jersey during 1980 were regarded "solely as evidence of a debt owed to their custodian by the casino licensee and shall be considered at no time the property of anyone other than the casino licensee issuing them." N.J. Admin. Code tit. 19k, § 19:46-1.5(d) (1990). Thus, under New Jersey state law, gambling chips were Resorts' property until transferred to Zarin in exchange for the markers, at which point the chips became "evidence" of indebtedness (and not the property of Zarin).

Even were there no relevant legislative pronouncement on which to rely, simple common sense would lead to the conclusion that chips were not property in Zarin's hands. Zarin could not do with the chips as he pleased, nor did the chips have any independent economic value beyond the casino. The chips themselves were of little use to Zarin, other than as a means of facilitating gambling. They could not have been used outside the casino. They could have been used to purchase services and privileges within the casino, including food, drink, entertainment, and lodging, but Zarin would not have utilized them as such, since he received those services from Resorts on a complimentary basis. In short, the chips had no economic substance.

Although the Tax Court found that theoretically, Zarin could have redeemed the chips he received on credit for cash and walked out of the casino, Zarin, 92 T.C. at 1092, the reality of the situation was quite different. Realistically, before cashing in his chips, Zarin would have been required to pay his outstanding IOUs. New Jersey state law requires casinos to "request patrons to apply any chips or plaques in their possession in reduction of personal checks or Counter Checks exchanged for purposes of gaming prior to exchanging such chips or plaques for cash or prior to departing from the casino area." N.J. Admin. Code tit. 19k, § 19:45-1.24(s) (1979) (currently N.J. Admin. Code tit. 19k, § 19:45-1.25(o) (1990) (as amended)). Since his debt at all times equalled or exceeded the number of chips he possessed, redemption would have left Zarin with no chips, no cash, and certainly nothing which could have been characterized as property.

Not only were the chips non-property in Zarin's hands, but upon transfer to Zarin, the chips also ceased to be the property of Resorts. Since the chips were in the possession of another party, Resorts could no longer do with the chips as it pleased, and could no longer control the chips' use. Generally, at the time of a transfer, the party in possession of the chips can gamble with them, use them for services, cash them in, or walk out of the casino with them as an Atlantic City souvenir. The chips therefore become nothing more than an accounting mechanism, or evidence of a debt, designed to facilitate gambling in casinos where the use of actual money was forbidden. Thus, the chips which Zarin held were not property within the meaning of I. R.C. § 108(d)(1)(B).

In short, because Zarin was not liable on the debt he allegedly owed Resorts, and because Zarin did not hold "property" subject to that debt, the cancellation of indebtedness provisions of the Code do not apply to the settlement between Resorts and Zarin. As such, Zarin cannot have income from the discharge of his debt.

[p115]

IV.
Instead of analyzing the transaction at issue as cancelled debt, we believe the proper approach is to view it as disputed debt or contested liability. Under the contested liability doctrine, if a taxpayer, in good faith, disputed the amount of a debt, a subsequent settlement of the dispute would be treated as the amount of debt cognizable for tax purposes. The excess of the original debt over the amount determined to have been due is disregarded for both loss and debt accounting purposes. Thus, if a taxpayer took out a loan for $ 10,000, refused in good faith to pay the full $ 10,000 back, and then reached an agreement with the lendor that he would pay back only $ 7000 in full satisfaction of the debt, the transaction would be treated as if the initial loan was $ 7000. When the taxpayer tenders the $ 7000 payment, he will have been deemed to have paid the full amount of the initially disputed debt. Accordingly, there is no tax consequence to the taxpayer upon payment.

The seminal "contested liability" case is N. Sobel, Inc. v. Commissioner, 40 B.T.A. 1263 (1939). In Sobel, the taxpayer exchanged a $ 21,700 note for 100 shares of stock from a bank. In the following year, the taxpayer sued the bank for recision, arguing that the bank loan was violative of state law, and moreover, that the bank had failed to perform certain promises. The parties eventually settled the case in 1935, with the taxpayer agreeing to pay half of the face amount of the note. In the year of the settlement, the taxpayer claimed the amount paid as a loss. The Commissioner denied the loss because it had been sustained five years earlier, and further asserted that the taxpayer recognized income from the discharge of half of his indebtedness.

The Board of Tax Appeals held that since the loss was not fixed until the dispute was settled, the loss was recognized in 1935, the year of the settlement, and the deduction was appropriately taken in that year. Additionally, the Board held that the portion of the note forgiven by the bank "was not the occasion for a freeing of assets and that there was no gain. . ." Id. at 1265. Therefore, the taxpayer did not have any income from cancellation of indebtedness.

There is little difference between the present case and Sobel. Zarin incurred a $ 3,435,000 debt while gambling at Resorts, but in court, disputed liability on the basis of unenforceability. A settlement of $ 500,000 was eventually agreed upon. It follows from Sobel that the settlement served only to fix the amount of debt. No income was realized or recognized. When Zarin paid the $ 500,000, any tax consequence dissolved.

Only one other court has addressed a case factually similar to the one before us. In United States v. Hall, 307 F.2d 238 (10th Cir. 1962), the taxpayer owed an unenforceable gambling debt alleged to be $ 225,000. Subsequently, the taxpayer and the creditor settled for $ 150,000. The taxpayer then transferred cattle valued at $ 148,110 to his creditor in satisfaction of the settlement agreement. A jury held that the parties fixed the debt at $ 150,000, and that the taxpayer recognized income from cancellation of indebtedness equal to the difference between the $ 150,000 and the $ 148,110 value affixed to the cattle. Arguing that the taxpayer recognized income equal to the difference between $ 225,000 and $ 148,000, the Commissioner appealed.

The Tenth Circuit rejected the idea that the taxpayer had any income from cancellation of indebtedness. Noting that the gambling debt was unenforceable, the Tenth Circuit said, "The cold fact is that taxpayer suffered a substantial loss from gambling, the amount of which was determined by the transfer." Id. at 241. In effect, the Court held that because the debt was unenforceable, the amount of the loss and resulting debt cognizable for tax purposes were fixed by the settlement at $ 148,110. Thus, the Tenth Circuit lent its endorsement [p116]  to the contested liability doctrine in a factual situation strikingly similar to the one at issue.

The Commissioner argues that Sobel and the contested liability doctrine only apply when there is an unliquidated debt; that is, a debt for which the amount cannot be determined. ''See Colonial Sav. Ass'n v. Commissioner,'' 85 T.C. 855, 862-863 (1985) (Sobel stands for the proposition that "there must be a liquidated debt"), aff'd, 854 F.2d 1001 (7th Cir. 1988). See also N. Sobel, Inc. v. Commissioner, 40 B.T.A. at 1265 (there was a dispute as to "liability and the amount" of the debt). Since Zarin contested his liability based on the unenforceability of the entire debt, and did not dispute the amount of the debt, the Commissioner would have us adopt the reasoning of the Tax Court, which found that Zarin's debt was liquidated, therefore barring the application of Sobel and the contested liability doctrine. Zarin, 92 T.C. at 1095 (Zarin's debt "was a liquidated amount" and "there is no dispute about the amount [received].").

We reject the Tax Court's rationale. When a debt is unenforceable, it follows that the amount of the debt, and not just the liability thereon, is in dispute. Although a debt may be unenforceable, there still could be some value attached to its worth. This is especially so with regards to gambling debts. In most states, gambling debts are unenforceable, and have "but slight potential. . ." United States v. Hall, 307 F.2d 238, 241 (10th Cir. 1962). Nevertheless, they are often collected, at least in part. For example, Resorts is not a charity; it would not have extended illegal credit to Zarin and others if it did not have some hope of collecting debts incurred pursuant to the grant of credit.

Moreover, the debt is frequently incurred to acquire gambling chips, and not money. Although casinos attach a dollar value to each chip, that value, unlike money's, is not beyond dispute, particularly given the illegality of gambling debts in the first place. This proposition is supported by the facts of the present case. Resorts gave Zarin $ 3.4 million dollars of chips in exchange for markers evidencing Zarin's debt. If indeed the only issue was the enforceability of the entire debt, there would have been no settlement. Zarin would have owed all or nothing. Instead, the parties attached a value to the debt considerably lower than its face value. In other words, the parties agreed that given the circumstances surrounding Zarin's gambling spree, the chips he acquired might not have been worth $ 3.4 million dollars, but were worth something. Such a debt cannot be called liquidated, since its exact amount was not fixed until settlement.

To summarize, the transaction between Zarin and Resorts can best be characterized as a disputed debt, or contested liability. Zarin owed an unenforceable debt of $ 3,435,000 to Resorts. After Zarin in good faith disputed his obligation to repay the debt, the parties settled for $ 500,000, which Zarin paid. That $ 500,000 settlement fixed the amount of loss and the amount of debt cognizable for tax purposes. Since Zarin was deemed to have owed $ 500,000, and since he paid Resorts $ 500,000, no adverse tax consequences attached to Zarin as a result.

[p117]

V.
In conclusion, we hold that Zarin did not have any income from cancellation of indebtedness for two reasons. First, the Code provisions covering discharge of debt are inapplicable since the definitional requirement in I.R.C. section 108(d)(1) was not met. Second, the settlement of Zarin's gambling debts was a contested liability. We reverse the decision of the Tax Court and remand with instructions to enter judgment that Zarin realized no income by reason of his settlement with Resorts.


text:
Zarin v. Commissioner/Dissent Stapleton

Stapleton, Circuit Judge, dissenting.

I respectfully dissent because I agree with the Commissioner's appraisal of the economic realities of this matter.

Resorts sells for cash the exhilaration and the potential for profit inherent in games of chance. It does so by selling for cash chips that entitle the holder to gamble at its casino. Zarin, like thousands of others, wished to purchase what Resorts was offering in the marketplace. He chose to make this purchase on credit and executed notes evidencing his obligation to repay the funds that were advanced to him by Resorts. As in most purchase money transactions, Resorts skipped the step of giving Zarin cash that he would only return to it in order to pay for the opportunity to gamble. Resorts provided him instead with chips that entitled him to participate in Resorts' games of chance on the same basis as others who had paid cash for that privilege. Whether viewed as a one or two-step transaction, however, Zarin received either $ 3.4 million in cash or an entitlement for which others would have had to pay $ 3.4 million.

Despite the fact that Zarin received in 1980 cash or an entitlement worth $ 3.4 million, he correctly reported in that year no income from his dealings with Resorts. He did so solely because he recognized, as evidenced by his notes, an offsetting obligation to repay Resorts $ 3.4 million in cash. See, e.g., Vukasovich, Inc. v. Commissioner, 790 F.2d 1409 (9th Cir. 1986); United States v. Rochelle, 384 F.2d 748 (5th Cir. 1967), cert. denied, 390 U.S. 946, 19 L. Ed. 2d 1135, 88 S.C.t. 1032 (1968); Bittker and Thompson, Income From the Discharged Indebtedness: The Progeny of United States v. Kirby Lumber Co., 66 Calif. L. Rev. 159 (1978). In 1981, with the delivery of Zarin's promise to pay Resorts $ 500,000 and the execution of a release by Resorts, Resorts surrendered its claim to repayment of the remaining $ 2.9 million of the money Zarin had borrowed. As of that time, Zarin's assets were freed of his potential liability for that amount and he recognized gross income in that amount. Commissioner v. Tufts, 461 U.S. 300, 103 S.C.t. 1826, 75 L. Ed. 2d 863 (1983); United States v. Kirby Lumber Company, 284 U.S. 1, 76 L. Ed. 131, 52 S.C.t. 4 (1931); Vukasovich, Inc. v. Commissioner, 790 F.2d 1409 (9th Cir. 1986). But see United States v. Hall, 307 F.2d 238 (10th Cir. 1962).

The only alternatives I see to this conclusion are to hold either (1) that Zarin realized $ 3.4 million in income in 1980 at a time when both parties to the transaction thought there was an offsetting obligation to repay or (2) that the $ 3.4 million benefit sought and received by Zarin is not taxable at all. I find the latter alternative unacceptable as inconsistent with the fundamental principle of the Code that anything of commercial value received by a taxpayer is taxable unless expressly excluded from gross income. Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 99 L. Ed. 483, 75 S.C.t. 473 (1955); United States v. Kirby Lumber Co., supra. I find the former alternative unacceptable as impracticable. In 1980, neither party was maintaining that the debt was unenforceable and, because of the settlement, its unenforceability was not even established in the litigation over the debt in 1981. It was not until 1989 in this litigation over the tax consequences of the transaction that the unenforceability was first judicially declared. Rather than require such tax litigation to resolve the correct treatment of a debt transaction, I regard it as far preferable to have the tax consequences turn on the manner in which the debt is treated by the parties. For present purposes, it will suffice to say that where something that would otherwise be includable in gross income is received on credit in a purchase money transaction, there should be no recognition of income so long as the debtor continues to recognize an obligation to repay the debt. On the other hand, income, if not earlier recognized, should be recognized when the debtor no longer recognizes an obligation to repay and the creditor has released the debt or acknowledged its unenforceability.

In this view, it makes no difference whether the extinguishment of the creditor's claim comes as a part of a compromise. Resorts settled for 14 cents on the dollar presumably because it viewed such a settlement as reflective of the odds that the debt would be held to be enforceable. While Zarin should be given credit for the fact that he had to pay 14 cents for a release, I see no reason why he should not realize gain in the same manner as he would have if Resorts had concluded on its own that the debt was legally unenforceable and had written it off as uncollectible.

I would affirm the judgment of the Tax Court.

title: Zarin v. Commissioner/Dissent Stapleton


text: The Unconquered Air, and Other Poems (1912)/The Unconquered Air


text: Talk:Zarin v. Commissioner

title: Talk:Zarin v. Commissioner


text: The Unconquered Air, and Other Poems (1912)/Éastre


text: The Unconquered Air, and Other Poems (1912)/Ode on the Coronation of King George V


text: The Unconquered Air, and Other Poems (1912)/Yesterday


text: The Unconquered Air, and Other Poems (1912)/Love is Passing


text: The Unconquered Air, and Other Poems (1912)/The Hospital


text: The Unconquered Air, and Other Poems (1912)/In Loneliness—Iseult of Brittany


text: The Unconquered Air, and Other Poems (1912)/Every Night at Marathon


text: The Unconquered Air, and Other Poems (1912)/The Band of the "Titanic"


text: The Unconquered Air, and Other Poems (1912)/Dawn


text: The Unconquered Air, and Other Poems (1912)/A Seeker in the Night


text: The Unconquered Air, and Other Poems (1912)/Secure


text: The Unconquered Air, and Other Poems (1912)/In a Tenement


text: The Unconquered Air, and Other Poems (1912)/In Dreamland


text: The Unconquered Air, and Other Poems (1912)/Eagles—Gibert's Battle for the Air


text: Page:The Sexual Question, 1908.djvu/10

title: Page:The Sexual Question, 1908.djvu/10


text: The Unconquered Air, and Other Poems (1912)/A Cathedral


text: The Unconquered Air, and Other Poems (1912)/A Realm of Wonder


text: The Unconquered Air, and Other Poems (1912)/O Giorno Felice !


text:
Page:The Sexual Question, 1908.djvu/11

This book is the fruit of long experience and reflection. It has two fundamental ideas—the study of nature, and the study of the psychology of man in health and in disease.

To harmonize the aspirations of human nature and the data of the sociology of the different human races and the different epochs of history, with the results of natural science and the laws of mental and sexual evolution which these have revealed to us, is a task which has become more and more necessary at the present day. It is our duty to our descendants to con- tribute as far as is in our power to its accomplishment. In recognition of the immense progress of education which we owe to the sweat, the blood, and often to the martyrdom of our predecessors, it behoves us to prepare for our children a life [f] happy than ours.

I am well aware of the disproportion which exists between the magnitude of my task and the imperfections of my work. I have not been able to study as much as should be done the innumerable works which treat of the same subject. Others, better versed than myself in the literature of the subject, will be able later on to fill this regrettable lacuna. I have endeavored, above all things, to study the question from all points of view in order to avoid the errors which result from any study which is made from one point of view only. This is a thing that has generally been neglected.

I must express my thanks to my friend, Professor Mahaim, and especially to my publisher and cousin, S. Steinheil, for the help and excellent advice which they have given me in the revision of my work; also to Professor Boveri, who has been kind enough to revise the figures, 1 to 17.

 * Chigny près Morges (Suisse).

title: Page:The Sexual Question, 1908.djvu/11


text: Page:The Sexual Question, 1908.djvu/12

title: Page:The Sexual Question, 1908.djvu/12


text:
User talk:80.127.114.13

Welcome

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text:
Page:The Unconquered Air, Coates, 1912.djvu/105

 TO R. R.

stood alone, despairing and forsaken:

Alone he stood, in desolation bare;

From him avenging powers e'en hope had taken:

He looked,—and thou wast there!

Why hadst thou come? Not profit, no: nor pleasure,

Nor any faint desire of selfish gain,

Had moved thee, giving of thy heart's pure treasure,

To share a culprit's pain.

In that drear place, as thou hadst lonely waited

To greet with noble friendship one who came

Handcuffed from prison, pointed at, and hated,

Bowed low in mortal shame,

No thought hadst thou of any special merit,

So simple, natural, seemed that action fine

Which kept alive, in a despairing spirit,

The spark of the divine,

89


text:
User talk:Mfuplasma

— billinghurst  sDrewth  00:37, 29 November 2010 (UTC)

title: User talk:Mfuplasma


text:
User talk:81.70.197.52

Welcome

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title: User talk:81.70.197.52


text:
Page:The Unconquered Air, Coates, 1912.djvu/106

 90 And taught a dying soul that love is deathless,

Even as when its holiest accents fell

Upon a woman's heart who listened, breathless,

By a Samarian well.


text:
Page:The Sexual Question, 1908.djvu/13

text of the first edition has been revised and corrected, but, apart from some points of detail, the subject matter has not been changed. The examples at the end of Chapter V (First Edition) no longer form a special appendix; they have been included in the parts of the book which specially concern them; some of them have been omitted as being superfluous.

In that domain with which we are concerned the French public are too much afraid, I think, of crudities and of calling things by their proper name. By veiled words and by indirect locution one may say anything, but I have decided not to employ such subterfuges in treating of such a vital social question with the seriousness that it requires. It seems that there is a fear of young people hearing the sexual question spoken of freely and openly; but it is not taken into account that in hiding these things under half-understood words one only excites their curiosity, and, owing to their being blindfolded, they are delivered into the snares and surprises of debauchery.

I cannot better illustrate the error that I have just pointed out than by quoting, among several others of the same kind, a letter which I have received from a young girl, aged 21 years, intelligent, virtuous, educated, and well brought up, but without restraint.

Having read my book she put several questions to me to which I replied. On my part I requested her to tell me frankly:

(1). If, in her opinion, I had been mistaken in my judgement of the sexual psychology of the normal young girl; (2). If my book had done her the least harm, moral or otherwise.

I begged her to criticise me without pity, for I wished above all things to be clear on the effect produced by my book. This is her letter:

title: Page:The Sexual Question, 1908.djvu/13


text:
Page:The Sexual Question, 1908.djvu/14

 X "I must thank you for the deep and unalterable impression which your book has produced on me. I am a young girl of 21 years, and you know how difficult it is for us to see clearly into those natural things which so closely concern us. I cannot, therefore, thank you too much for the calm enlightenment which has been produced in me, and for the just and humane words which you devote to the education of our sex. I hope one day to have the good fortune to apply to my children the ideas on education with which you have inspired me.

"You ask me for the impression which your book has made on me. It is true that I am still very young, but I have read much. My mother has brought me up very freely, so that I can count myself among the young girls who are free from prejudice. In spite of this, a sort of internal anxiety or false shame has hindered me from shaking of all the things of which you treat. All that I knew I had read in books or derived by instinct. Although I knew very well that my mother would always answer my questions I never asked any.

"I declare that latterly my mind had been in a state of veritable chaos. I was obsessed and tormented by a fear of everything of which I was ignorant and some day ought to learn. This is why I was anxious to read your book which a friend showed me. I will now express myself more clearly.

"The first chapters were difficult for me, not because I could not understand them, but owing to the strange and novel experience which the truth made in me when plainly and scientifically expounded. Wishing to read everything I applied myself to the book laboriously. My first impression was that of disgust for all human beings and mistrust of everything. But I was soon glad to find that I was a very normal young girl, so that this impression soon passed away. I was no longer excited over conversations which I heard, but took a real interest in them, and I was happy to have become acquainted with some one who understood us young girls.

"I am, therefore, a young girl whose sensations are neither cold nor perverse, and I am always rejoiced, in reading your book, to see with what truth you describe our sexual impressions. Those who maintain that we feel in this way the same as men make me smile. In your book ("Hygiene of Marriage," p. 479) you say that the idea of marriage awakens in a normal young girl a kind of anguish and disgust, and that this feeling disappears as soon as she has found some one whom she loves. This

title: Page:The Sexual Question, 1908.djvu/14


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Rh of one whom they hoped eventually to proclaim as their sovereign. They demanded his liberation. The King refused. Insurrection broke out, became general, and so menacing that Queen Juana was alarmed and herself solicited the release of the Prince. She did more; she went in person to Morella, whither the captive had been transferred, to open the prison gates. He was conducted by her to Barcelona, which admitted him, but shut its gates in her face. All Catalonia now recognized the Prince, and proclaimed him heir to the thrones of Aragon, Navarre, and Sicily. But the rejoicing of the people was of brief duration, as shortly after his release from durance Charles fell ill, lingered a few days, and died. By his testament he bequeathed the crown of Navarre to his sister Blanche as next in order of succession to himself. The death of Charles was too opportune for it not to have been attributed to poison, administered by an agent of his stepmother. Soon after a ray of sunlight focussed by a mirror set fire to Juana's hair. This was at once set down as a judgment of Heaven falling on her, an indication by the finger of God that she was the murderess of her stepson. Charles was now out of the way; Blanche, however, obstructed the path, and the will of her brother in her favour proved fatal to her. Juan was resolved to retain the sovereignty of Navarre during his own life, and none the less to transmit it at death to his favourite daughter Leonora, Countess of Foix, or her issue. He determined to compel Blanche to renounce her rights. To effect this she was sent across the Pyrenees, closely guarded, under the pretext that she was about to be given in marriage to the Duke of Berri, brother of the French king. But she perceived clearly

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26 enough what was her father's purpose, and at Roncevaux, on her way, she caused a protest to be prepared in all secrecy, in which she declared that she was being carried out of Spain by violence, against her will, and that force would be used to compel her to renounce her rights over Navarre; and now she declared beforehand against the validity of such a renunciation. Upon reaching S. Jean-Pied-du-port, she was, as she had anticipated, constrained to make a formal surrender of all her rights, in favour of her sister and brother-in-law, Gaston, Count of Foix. In a letter addressed to Henry, couched in pathetic terms, she reminded him of the dawn of happiness that she had enjoyed when united to him years before, of his promises made to her, and of her subsequent sorrows. As she was well aware that her father was consigning her to imprisonment, and perhaps death at the hands of her ambitious and unscrupulous sister, she conferred on him all her rights to the crown of Navarre, to the exclusion of those who meditated her assassination, the Count and Countess of Foix. On the same day that this letter was dispatched she was handed over to an emissary of the Countess Leonora, 30 April, 1462, and was conveyed to the Castle of Orthez. The gates closed on her, and she was seen no more, but not long after they opened to allow a coffin to issue to be conveyed to Lescar, there to be interred.

The secret of Blanche's death was closely kept, till the Navarrese Cortes took the matter up, and demanded her release as their rightful queen. Then only was it announced that she was dead, but on what day and in what manner she died was never revealed. The Count and Countess of Foix now congratulated themselves on having secured the crown of Navarre to themselves and to their descendants, and their son Gaston was at once

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 Rh is extremely true and well observed. I am in complete agreement with a friend with whom I have often discussed your book; we young girls are very little attracted by the purely sexual side of marriage, and we should prefer to see children come into the world by some other way than that ordained by Nature. This will, perhaps, make you laugh. However, I think you will understand my feelings.

"When I had finished reading your book I became absolutely tranquil, and my ideas were enlightened. It goes without saying that is no longer possible for me to be ingenuous, but I should like to know what one gains by such naïvety. It is very easy to be innocent when one knows nothing, and this is of no account. I never thought for a moment to find your book immoral, and that is why I do not think you have done me any harm. Excuse me for having written at such length, but I could not abbreviate when dealing with such a serious question."

The author of this letter has, at my request, authorised me to publish it anonymously. I think that the candor, the loyalty and immaturity of judgment of the sentiments expressed by this young girl are of much more value and are much more healthy than all the prudishness and false shame of our conventional morality.

 * Chigny près Morges (Suisse).

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text: The Sexual Question/Preface to the First Edition


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Rh invested with the title of Prince of Viana. But the crime committed brought but a barren gain. A few years later Gaston of Viana, their hope, was killed by a lance in a tournament at Lillebourne. Count Gaston never obtained the kingdom, and died at Roncevaux in 1472. His widow, Leonora, was balked to the very last. Her father retained the title of King and the rule over Navarre up to his death in 1479, and when the coveted diadem fell to her, she retained it but for fifteen days, and then died also. Her grandson, Francis, called Phœbus on account of his beauty, was indeed crowned at Pampeluna. He was a gallant and amiable boy, but the doom of the ill-gotten crown was on him. Ferdinand the Catholic, son of the wicked Joanna, would not allow a pretty boy to stand in his way. One day, 29 January, 1483, after dinner, the prince, adonné à toutes gentillesses, took a flute on which he was wont to play. Scarcely had he raised it to his lips ere he turned deadly white and sank into a chair. In two hours he was dead, at the age of sixteen. As he lay dying he turned to his mother with a smile and said, "My kingdom is not of this world." It was the conviction of all contemporaries that Ferdinand the Catholic had contrived to have the lad poisoned.

The claim to the crown of Navarre now passed to Catherine, the sister of Francis Phœbus, married to Jean d'Albret. This marriage is interesting. It was determined by the Estates of Béarn. No sooner was Francis Phœbus dead than Ferdinand of Castille, his supposed murderer, sent to demand the hand of Catherine for his son, a child in the cradle. But the mother, Magdalen of France, coldly replied that the choice of a husband for her daughter was a matter for decision by the Assembly of the delegates of Béarn. The Estates were convoked to Pau, and the majority voted for Jean

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text: The Sexual Question/Preface to the Second Edition


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28 d'Albret, whose lands adjoined Béarn, and who was himself then but a child. During the infancy of Catherine and Jean d'Albret Magdalen acted as regent. The Count of Grammont and others formed a plot to poison her in favour of Jean de Foix, Catherine's uncle. It was discovered, and the minor conspirators were executed at Pau; the instigators, being grandees, escaped scot-free. Catherine, on growing to woman's estate, left no stone unturned in her attempt to obtain the kingdom of Navarre, but feebly supported by her amiable husband. "Would that I had been born John and you Catherine!" exclaimed the impetuous princess; "and then we would have secured Navarre." In the end Catherine died of disappointment at the failure of all her schemes, and in dying turned her eyes in the direction of Navarre. The rest of the story of the viscounts of Béarn, counts of Foix, and titular kings of Navarre, shall be told when we come to Pau. By some fatality, surely unjustly, the Gascons are credited throughout France with being braggarts, cowards, the makers of bad bulls and as bad Jokes. This is what a writer says of them in Le Passe-temps Agréable, Rotterdam, 1737:—

"If in France you would speak of a braggart and swashbuckler, whose magnanimity and courage are discoverable in his speech, and in his speech alone; who speaks of war, without having been in it; say but, He is a Gascon, and this explains everything. Those friends at the table who are faithful so long as it is spread with good cheer, but who vanish when the platter and the beaker are empty—say that they are Gascons, and that explains all. Should you encounter a fellow who boasts of his gallantries and the favours he has received from fair ladies, intimate that he is a Gascon, and all will know the worth of his statements. The word Gascon suffices to

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Page:Dictionary of National Biography. Sup. Vol III (1901).djvu/15

 OF

HOW, WILLIAM WALSHAM (1823–1897), first bishop of Wakefield, born 13 Dec. 1823 at College Hill, St. Chad's parish, Shrewsbury, was eldest son of William Wyberg How, who belonged to an old Cumberland family and practised at Shrewsbury as a solicitor. He was educated at Shrewsbury school, and on 19 Nov. 1840 entered at Wadham College, Oxford. He was Goodridge exhibitioner in 1842, Warner exhibitioner 1842–3, and graduated B.A. with third-class honours in lit. hum. on 10 May 1845, and M.A. on 26 May 1847. He then passed through the theological course at Durham, was ordained deacon December 1846, and became curate at St. George's, Kidderminster, under Thomas Legh Claughton, afterwards bishop of St. Albans [q. v. Suppl.], from whom he received an excellent training for his ministerial work. He was ordained priest in December 1847, and in 1848, for family reasons, returned to Shrewsbury, where he acted as curate in the parish of Holy Cross. In 1849 he married Frances Anne, daughter of Henry Douglas, rector of Salwarpe and residentiary canon of Durham. In 1851 he became rector of Whittington in Shropshire, and remained there, an exemplary parish priest, for twenty-eight years. In 1854 he was appointed rural dean of Oswestry, in 1860 honorary canon of St. Asaph, in 1868 proctor for the clergy in convocation, and in the same year select preacher at Oxford.

How soon became known as a devotional writer, an efficient conductor of parochial missions, quiet days, and retreats, and a congress speaker. He was offered and declined the bishoprics of Natal (1867), New Zealand (1868), Montreal (1869), Cape Town (1873), and Jamaica (1878), besides a canonry, with superintendence of home mission work, at Winchester (1878), and the important livings of Brighton (1870), All Saints', Margaret Street (1873), and Windsor, with a readership to the queen (1878). The first offer he accepted was that of suffragan to the bishop of London, with episcopal supervision of East London. He had to assume the title of bishop of Bedford, because the only titles which could then be used by suffragan bishops were those specified in the Suffragan-bishop Act of Henry VIII. He was consecrated on St. James's day, 1879, and on the following day was instituted to the living of St. Andrew Undershaft, which supplied the income for the bishop, and a prebendal stall in St. Paul's Cathedral; in the same year he was created D.D. by the archbishop of Canterbury, and on 15 June 1886 by Oxford University. He resided at Stainforth House, Upper Clapton, which was generously put at his disposal by the owner, and became, as a co-worker said, 'the leader of an East London crusade.' He availed himself of the general feeling that the spiritual destitution of East London was appalling, and enlisted agencies for remedying the situation from all quarters. His first policy was 'to fill up the gaps in the ministry, both clerical and lay,' and for this purpose he founded an 'East London Church Fund,' which met with a ready response. The Princess Christian evinced Rh


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 606 P. S. The Miami Chiefs have just arrived. They are entirely humbled. The HonbleHonorable [sic] Esqr. Secy. of War

 Nov. 2nd 1811 Hαr. Pα. 504-506

I arrived at this place with the Troops under my command last evening. I crossed the Wabash about ten miles below this and have been this day employed in the erection of a small blockhouse upon the bank of the Wabash for the protection of the provisions and boats which I shall be obliged to leave here as the best and more direct road to the Prophets Town passes so much to the north ward of the River that the Boats can be no longer protected in ascending. Indeed I was not able to cover them as completely as I could have wished in the ascent to this place. And I was in constant apprehension of their being attacked when we were not in a situation to defend them. I was congratulating myself on their arrival when a letter from Col. [James] Miller (whose indisposition was such as to oblige me to leave him at the new Fort) announced the unfortunate intelligence of an attack upon a boat loaded with corn which was ascending the river from the fort to this place. It was fired on four miles above the fort and one man killed. The crew immediately returned to the fort. This circumstance has caused me much apprehension for the settlements below. I have therefore sent off a small detacliment of mounted riflemen to patrol round the settlements and have directed the senior militia officer at Vincennes to put every man upon the alert and to call out one or two companies should he think it necessary. The country round me has been examined for a considerable distance. Some signs of Indian parties passing southwardly have been discovered but in the attempt to trace them up the best woodsmen I have were baffled.

I am now from the best information I can get about 40 or 50 miles from the Prophet Town. The Country is generally open and there are as I understand a few places only where we can be advantageously attacked by the enemy. This information shall not however lull my vigilance. We march


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 HOW WONDERFUL IS LOVE!

wonderful is love!

More wonderful, I wis,

Than cherry-blossoms are when spring's first kiss

Warms the chill breast of earth,

And gives new birth

To beauty! High above

All miracles—the miracle of love,

Which by its own glad and triumphant power

Brings life to flower.

Oh, love is wonderful!

More wonderful than is the dew-fed rose

Whose petals half unclose,

In welcome of the light,

When first the Dawn comes robed in vesture cool

Of fragrant, shimmering white!—

More wonderful and strange

Than moonrise, which doth change

Dulness to glory—

Yea, with a touch transforms the mountains hoary,

And fills the darkling rills with living silver bright!

Not music when it wings

From the far azure where the skylark sings

Is wonderful as love!— 9


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 10 Not music when it wells

From the enchanted fairy-haunted dells

Where, shrined mid thorn and vine—

An ecstasy apart,

Drawn from the life-blood of a yearning heart—

The nightingale pours forth forever

The rapture and the pain, that naught can sever,

Of love which mortal is, yet knows itself divine!


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ICHELET, with florid eloquence, describes the approach to the Pyrenees from Bordeaux in the first chapter of the second volume of his History of France.

"However beautiful and fertile may be the valley of the Garonne, one cannot lag there. The distant summits of the Pyrenees exercise on us a too powerful attraction. But it is a serious matter to reach them. Whether you take the way by Nérac, a doleful seigneurie of the Albrets, or whether you follow the coast, it is all the same, you must either traverse or skirt an ocean of landes, covered with cork trees and vast pine forests, where nothing is met save black sheep under the conduct of a shepherd of the department, that have left the mountains for the plains in quest of warmth. The roving life of these shepherds is one of the most picturesque elements in the South. These nomads, companions of the stars in their eternal solitude, half astronomers, half sorcerers, carry their

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Wikisource:Books/Houston: Where Seventeen Railroads Meet the Sea

Houston: Where Seventeen Railroads Meet the Sea

 * Houston: Where Seventeen Railroads Meet the Sea


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 Rh tomorrow morning & shall reach one of the most difficult passes (called Pine creek) on the 4th Inst, the anniversary of General St. Clair's defeat. Should we be attacked on that day I hope to alter the Color with which it has been marked in our callender for the last twenty years. I have been joined by two out of the four Companies of Mounted Riflemen which I ordered on. There is no probability of the others coming up. The spy which I sent to the Prophets Town has not returned & I very much fear that he has fallen a victim to his confidence in the friendship of the Indians for him.

Captain [Paul] Wentworth has sent in his resignation through Col. Boyd. I was consulted on the occasion & gave my sanction to the measure because Eleven out of twelve of his brother officers expressed an opinion of his being entirely unfit for the service. I thought it best however to order him to take the immediate command of the new Garrison [Fort Harrison] as the extreme low state of Col. Miller's health made it necessary that there should be another officer. I remained at the Garrison a few hours after the march of the army and the Captain took that opportunity to request my permission to leave the Fort and return to Vincennes. I pointed out the necessity of his staying and referred him to Col. Miller who was so weak as to be unable to walk without the assistance of a stick. The Colonel's answer was that he hoped I would permit him to go as he had rather spare the Captain than the meanest soldier in the Garrison. I mention this in the hope that the Captain's pay and Emoluments may cease on the 29 Ultimo the day he left the Fort.

It was my intention to have named the Fort after one of the Heads of the Departments who performs his duties not more advantageously to the public interests than satisfactorily to those who have the Honor to receive their Orders from him, but recollecting that it was a temporary work and would be only wanted for a few years it occurred to me that I should do injury where I meant to do honor. At the request of my officers therefore I gave them permission to name the Work and they were pleased to call it Fort Harrison I have the Honor to be With great respect Tr your Hble Sevt The Honble Secretary of War


text: Messages and Letters of William Henry Harrison/Harrison to Secretary of war Campaign up the Wabash (November 2, 1811)


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 children, and nursing four, six, or eight persons of the families of Wood or Guy; while 1,000l. was left to other persons for charitable purposes. The remainder of his fortune, amounting to more than 200,000l, was left to Sir Gregory Page, bart., Charles Joye, treasurer of St. Thomas's Hospital, and several other of its governors, including Dr. Richard Mead [q. v.], to complete his hospital for four hundred sick persons who might not be received into other hospitals from being deemed incurable, or only curable by long treatment; lunatics, up to the number of twenty, were to be received for similar reasons; but full discretion was given to the executors for varying the application of the funds. The executors and trustees were desired to procure an act of parliament incorporating them with other persons named, all governors of St. Thomas's, to the number of fifty, with a president and treasurer; they were to purchase lands, ground rents, or estates with the residuary estate, and maintain the hospital by the proceeds, any surplus to be applied to the benefit of poor sick persons or for other charitable uses. The will was proved on 4 Jan. 1724-5. The required act of parliament was obtained in the same year (11 George I, cap. xii.), and gave power to the executors to set up a monument to Guy in the chapel, which was designed by John Bacon, R.A.

In the centre of the square, which afterwards completed the front of Guy's Hospital, is a bronze statue of Guy in his livery gown, by Scheemakers; on the west side, in basso-relievo, is represented the parable of the Good Samaritan, and on the east Christ healing the impotent man. There are some portraits of Guy at the hospital, mostly posthumous; the only one that has any pretensions to originality is by Vanderbank, dated 1706, reproduced in the ‘Graphic,’ 14 May 1887. He there appears long-faced, with a high forehead, firm lips, and self-possessed, calm, and resolute expression.

GUY, WILLIAM AUGUSTUS (1810–1885), statistician, was born in 1810 at Chichester, where his male ancestors for three generations had been medical men. Hayley, in his ‘Life of Romney,’ says of his grandfather, William Guy, that he won Cowper's heart at sight, and that Romney would have chosen, him as a model for a picture of the Saviour. Guy spent his early life with this grandfather and then went to Christ's Hospital, and for five years to Guy's. He won the Fother-gillian medal of the Medical Society of London in 1831 for the best essay on asthma, and afterwards entered at Pembroke College, Cambridge, where, after further study for two years at Heidelberg and Paris, he took his M.B. degree in 1837. In 1838 he was appointed professor of forensic medicine at King's College, London, in 1842 assistant-physician to King's College Hospital, and from 1846 to 1858 he was dean of the medical faculty. He early directed his attention to statistics, and was one of the honorary secretaries of the Statistical Society, from 1843 to 1868. In 1844 he gave important evidence before the Health of Towns Commission on the state of printing offices in London, and the consequent development of pulmonary consumption among printers. He took part in founding the Health of Towns Association, and was incessantly occupied in calling public attention to questions of sanitary reform by investigations (statistical and medical), lectures, and writings. He thus rendered valuable services in connection with the improvement of ventilation, the utilisation of sewage, the health of bakers and soldiers, and hospital mortality.

He edited the ‘Journal of the Statistical Society’ from 1852 to 1856, was vice-president 1869-72, and in 1873-5 he was president of the society. He was Croonian (1861), Lumleian (1868), and Harveian (1875) lecturer at the Royal College of Physicians, and was frequently censor and examiner of the college. In 1878 he was appointed one of the royal commissioners on penal servitude, and on criminal lunatics in 1879. In 1876-7 he was elected to the post of vice-president of the Royal Society.

Guy's ‘Principles of Forensic Medicine,’ first published in 1844, and frequently reedited, is now a standard work, the fourth and later editions having been edited by Dr. David Ferrier. Although often consulted in medico-legal cases he would never give evidence publicly, partly from over-sensitiveness, partly from want of confidence in juries. Guy retired from medical practice for many years before his death, retaining only his insurance work. His sympathies were broad, as were


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text: Dictionary of National Biography, 1885-1900/Guy, Thomas


text: Dictionary of National Biography, 1885-1900/Guy, William Augustus


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Welcome

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object is to study the sexual question under all its scientic, ethnological, pathological and social, and to seek the best solution of the numerous problems connected with it. Unfortunately, in publications dealing with this subject, eroticism usually plays a considerable part, and it is difficult for an author to abstract himself from this, for it is reflected unconsciously in his thoughts. As all sentiment, more or less, warps judgment, it is the duty of scientific criticism to eliminate eroticism in order to be exact and impartial. We shall, therefore, do all that is possible to free ourselves from it in the course of the present study.

The sexual question is of fundamental importance for humanity, whose happiness and well-being depend largely on the best solution of this important problem. In dealing with such a delicate subject I shall endeavor to avoid narrow-mindedness and prejudice; I shall avoid tiresome quotations, and shall only employ technical terms when necessary, as they rather interfere with the comprehension of the subject. I shall take care to in all those which appear to me indispensable.

My opinions on the sexual question are based, on the one hand, on my scientific study of the human brain, and on the other hand on the long personal experience of an alienist who has devoted himself almost as much to normal mentality and questions of social hygiene as to pathological mentality. I have, however, been obliged to rely on the fundamental work of Westermark with regard to ethnology, this subject being strange to me. Concerning sexual psycho-pathology I have followed the classification of Krafft-Ebing.

The sexual question is extraordinarily complex, and we cannot expect to find a simple solution for it as we can for the questions of alcoholism, slavery, torture, etc. The latter are

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 4 solved in one word—suppression. Suppression of slavery and torture; suppression of the usage of alcoholic drinks. We are concerned here with ulcers artificially produced and preserved in human society; ulcers which must be simply extirpated. Their suppression is nothing but beneficial, since, far from being connected with the normal conditions of human existence, they place it in peril. Sexual instinct and sentiment, on the contrary, have their roots in life itself; they are intimately bound up with humanity, and therefore require quite a different treatment. But human society has guided them into false and pernicious ways. It is important to turn them from these in order to tranquilize and regulate their course by damming them up and canalizing them.

The fundamental axiom of the sexual question is as follows:

With man, as with all living beings, the constant object of all sexual function, and consequently of sexual love, is the reproduction of the species. It is therefore necessary to treat the question from the point of view of the natural sciences, physiology, psychology and sociology. This has already been done more than once, but usually in erudite treatises which only look upon one side of the question; or, on the other hand, in a superficial and often frivolous manner.

To ensure happiness, humanity should desire to reproduce itself in a manner which elevates progressively all the physical and mental faculties of man, with regard to health and bodily strength, as much as to sentiment, intelligence, will, creative imagination, love of work, joy of living, and the sentiment of social solidarity. Every attempt made to solve the sexual question should, therefore, be directed toward the future and toward the happiness of our descendants.

It requires much disinterestedness to attempt seriously any sexual reform. But, as the human subject is by nature extremely weak, as his views are limited, especially in the matter which concerns us, it is absolutely necessary, if we would avoid Utopia, to adapt the fundamental aim of sexual union to happiness and joy, even to the natural weakness of man.

The fundamental difficulty of the problem lies in the necessity for such an adaptation, and this difficulty requires us to make

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 Rh a clean sweep of prejudices, traditions and prudery. It is this which we wish to attempt.

Considered from an exalted point of view, sexual life is beautiful as well as good. What there is in it which is shameful and infamous is the obscenity and ignominy caused by the coarse passions of egoism and folly, allied with ignorance, erotic curiosity and mystic superstition, often combined with social narcotic intoxication and cerebral anomalies.

We shall divide our subject into nineteen chapters. Chapters I to VII deal with the natural history and psychology of sexual life; Chapter VIII with its pathology, and Chapters IX to XVIII with its social rôle, that is to say, its connection with the different domains of human social life.

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text: The Sexual Question/Introduction

title: The Sexual Question/Introduction


text: Index:A Dictionary of the Targumim, the Talmud Babli and Yerushalmi, and the Midrashic Literature, Volume 1 (1903).djvu


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text: Index:A Dictionary of the Targumim, the Talmud Babli and Yerushalmi, and the Midrashic Literature, Volume 2 (1903).djvu


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Page:A Dictionary of the Targumim, the Talmud Babli and Yerushalmi, and the Midrashic Literature, Volume 1 (1903).djvu/2

COMPILED BY

WITH AN INDEX OF SCRIPTURAL QUOTATIONS

VOLUME I: –


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 TO

IN LOVE AND GRATITUDE