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 prosecution of the Spanish war. He continued to express these views energetically, but, by supporting a proposal made early in 1810 for the exclusion of reporters from the House of Commons, he provoked the hostility of the press, which for some time refused to report his speeches.

Windham's last speech was made on 11 May 1810. In July of the previous year he had injured his hip by his efforts in removing the books of his friend the Hon. Frederick North (afterwards fifth Earl of Guilford) [q. v.] out of reach of a fire. On 17 May 1810 Cline operated upon him for the removal of a tumour, but he never recovered from the shock, and died at his house in Pall Mall on 4 June, and was buried at Felbrigg. He married, on 10 July 1798, Cecilia, third daughter of Commodore Arthur Forrest [q. v.], but had no children.

Windham's personal advantages were many. He was rich, and had an income of 6,000l. a year. He was tall and well built, graceful and dignified in manner, a thorough sportsman, and in his youth, like his father, was very athletic and a practised pugilist. He had a good memory, and was widely and well informed; he was an ardent Greek and Latin scholar, and fluent in French and Italian. Though his voice was defective and shrill, he was, when at his best, a most eloquent orator, and was always a clear speaker and a keen debater; but his speeches were marred by occasional indiscretions of temper and want of reticence. He was pious, chivalrous, and disinterested, and his brilliant social qualities made him one of the finest gentlemen as well as one of the soundest sportsmen of his time. His diary, published in 1866, shows him to have been vacillating and hypochondriacal in private, but he seems to have relieved his feelings by this habit of private confession; and in public, though somewhat changeable, he was not irresolute. In an age of great men his character stood high, and although his conduct on two occasions in his political life led to charges of inconsistency, and earned for him the nickname of ‘Weathercock Windham,’ his personal integrity was unimpugned. The army undoubtedly owed much to his labours in improving its efficiency and condition. Panegyrics were pronounced upon him in the House of Lords by Lord Grey on 6 June 1810, and in the House of Commons by Lord Milton the following day, and Brougham paints him in laudatory terms in his ‘Historical Sketches of British Statesmen’ (i. 219). A portrait of him by Hoppner was placed in the public hall, Norwich, and there is another, by Sir Thomas Lawrence, at University College, Oxford (Cat. Guelph Exhib. No. 150). A print from the portrait by Hoppner was engraved by Say, and was published. There are also a portrait of him by Sir Joshua Reynolds and a second by Lawrence, both in the National Portrait Gallery, London, and a bust by Nollekens.

[Windham's Speeches, with Memoir by his secretary, Thomas Amyot (3 vols. 1806); Windham's Diary, 1784–1810, ed. Mrs. Henry Baring, 1866; Malone's Memoir of Windham, 1810, reprinted from Gent. Mag. 1810, i. 588 (cf. ib. 566); Mémoires du Comte Joseph de Puisaye; Lecky's Hist. of England in the Eighteenth Cent.; Hardy's Lord Charlemont, ii. 82, 86; Colburn's New Monthly Mag. xxxii, 555; Edinburgh Review, cxxiii. 557; Romilly's Life; Stanhope's Life of Pitt; Boswell's Life of Johnson, ed. Hill; Cooke's Hist. of Party, iii. 433; Harris's Radical Party in Parliament.]  WINDSOR, ALICE (d. 1400), mistress of Edward III. [See .]

WINDSOR, formerly, THOMAS WINDSOR, seventh and first  (1627?–1687), born about 1627 and baptised under the name of Thomas Windsor, was son and heir of Dixie Hickman of Kew, Surrey, by his wife Elizabeth, eldest sister and coheir of Thomas Windsor, sixth baron Windsor of Stanwell.

No connection has been traced between the Windsors of Stanwell and Sir William de Windsor, baron Windsor [q. v.], the husband of Alice Perrers. The Stanwell family claim descent from Walter Fitz-Other (fl. 1087), who held that manor at the time of Domesday and was warder of Windsor Castle, whence he derived the name Windsor. His third son, Gerald de Windsor (fl. 1116), was constable of Pembroke Castle (Itin. Kambriæ, pp. 89, 91), and steward to Arnulf, earl of Pembroke [see under, d. 1093?], in whose service he saw much fighting in Pembroke. He was sent to king Murtagh in Ireland to ask his daughter's hand for Arnulf, married Nest or Nesta [q. v.], mistress of Henry I, and was father of William Fitzgerald, Maurice Fitzgerald (d. 1176) [q. v.], David (d. 1176) [q. v.], bishop of St. David's, and Angharad, mother of Giraldus Cambrensis [q. v.], the historian; he was thus the reputed ancestor of the numerous Geraldine families (see, besides the articles referred to,, Norman Conquest, v. 210, and William Rufus, ii. 96–7, 101, 108–110, 425, 451 and the authorities there cited).

It was from Gerald's eldest brother William that the Windsors of Stanwell claimed


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LIST OF THE ENGRAVINGS, continued. {|
 * 25.
 * Baker’s (the Superintendant) Farm, on the banks of the Hawkesbury,
 * Page 454
 * 26.
 * Portrait of Ben-nil-long,
 * 455
 * 27.
 * The Wom-bat,
 * 469
 * 28.
 * Saunderson’s Farm,
 * 489
 * 29.
 * A Night-scene in the neighbourhood of Sydney,
 * 493
 * 30.
 * A Scene by Moon-light,
 * 524
 * 31.
 * The Mountain Eagle,
 * 526
 * 32.
 * Natives under a Rock in bad Weather,
 * 530
 * 33.
 * The Emu of New South Wales,
 * 534
 * 34.
 * Plan and Elevation of the Church at Parramatta,
 * 537
 * }
 * 33.
 * The Emu of New South Wales,
 * 534
 * 34.
 * Plan and Elevation of the Church at Parramatta,
 * 537
 * }
 * 537
 * }

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


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 {|
 * colspan="5" align="center" | DESCRIPTION OF PLATE 6
 * colspan="4" |
 * align="right" | PAGE
 * colspan="4" | Neolenus serratus (Rominger)
 * align="right" | 27
 * - valign="top"
 * width="15px" |
 * 1.
 * style="text-indent:-10px;padding-left:10px;" | Branchial fringes on the exopodites of the left side of the interior of a compressed dorsal test. ✕ 1.5. Other specimens show the endopodites as slender, jointed legs. The specimen photographed was associated with Sidneyia inexpectans. U. S. National Museum, Catalogue No. 57500.
 * - valign="top"
 * 2.
 * style="text-indent:-10px;padding-left:10px;" | A cephalic endopodite with lamellated branchial fringe. ✕ 3. This occurs on the opposite side of the specimen represented in part by fig. 1.
 * colspan="4" | Sidneyia inexpectans Walcott
 * align="right" | 24
 * - valign="top"
 * width="15px" |
 * 3.
 * style="text-indent:-10px;padding-left:10px;" | Photograph by reflected light of a broken specimen of the dorsal shield through which may be seen traces of the branchial lamellae and fringes and some of the appendages of the cephalo-thorax. Natural size. U. S. National Museum, Catalogue No. 57497.
 * }
 * colspan="4" | Sidneyia inexpectans Walcott
 * align="right" | 24
 * - valign="top"
 * width="15px" |
 * 3.
 * style="text-indent:-10px;padding-left:10px;" | Photograph by reflected light of a broken specimen of the dorsal shield through which may be seen traces of the branchial lamellae and fringes and some of the appendages of the cephalo-thorax. Natural size. U. S. National Museum, Catalogue No. 57497.
 * }
 * }


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 Romulus and Remus by their mutual strife made it plain that some go through dangers together with far less risk than through prosperity.

They themselves learned well and taught others the lesson that those who seek to avenge their wrongs are not invariably successful merely because they have first suffered injury, and that those who make demands on stronger men do not necessarily get what they demand, but often lose even what they had before.

Hersilia and the rest of the women of her kin, on discovering them one day drawn up in opposing ranks, ran down from the Palatine with their

[Romulus and Remus disputed] about the sovereignty and the city, and they got into a conflict in which Remus was killed. . . . . From this incident arose the custom of putting to death one who dared to cross the trench of a camp by any other than the regular passage-ways.

When she [Tarpeia] went down for water she was seized and brought to Tatius, and was induced to betray the citadel.

Dio and Dionysius record the story of Cacus, and so do many other historians of Rome.


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 descent. That manor remained in the hands of the family until Henry VIII compelled Andrew Windsor (1474?–1543), whom he had in 1529 summoned to parliament as first Baron Windsor of Stanwell, and made keeper of his wardrobe (see Letters and Papers of Henry VIII, vols. i–xvi. passim), to exchange it for Bordesley Abbey, Worcestershire. By his wife Elizabeth, eldest sister of Edward Blount, second lord Mountjoy, he was father of William Windsor, second baron (1499?–1558), whose widow married George Puttenham [q. v.], and pestered the council for many years with suits against him for maintenance (Acts P. C. vols. xii–xvi. passim); William's son Edward, third baron (1532–1575), was father of Frederick, fourth baron (1559–1585), and of Henry, fifth baron (1562–1615). The latter's son, Thomas, sixth baron (1590–1641), was created K.B. in June 1610, and was rear-admiral of the fleet sent to fetch Prince Charles from Spain in 1623; he married Catherine, youngest daughter of Edward Somerset, fourth earl of Worcester [q. v.], but died without issue. The barony thus fell into abeyance between the heirs of his two sisters, while the estates passed to his nephew, Thomas Windsor Hickman, who assumed the surname Windsor in lieu of Hickman, and was commonly known as Lord Windsor (cf. Cal. State Papers, Dom. 1649–50, p. 70; Cal. Comm. for Compounding, p. 1260).

Though little more than fifteen at the outbreak of the civil war, Windsor is said to have been captain of a troop of horse in the royalist army in 1642, and lieutenant-colonel in May 1645; these commissions do not appear in Peacock's ‘Army Lists,’ but possibly he was the Windsor serving in Bard's regiment of foot who was captured at Naseby on 14 June 1645 (, 2nd edit. p. 98). He compounded for his ‘delinquency in arms’ on 30 April 1646, and was described as having been ‘concerned in’ the articles for the surrender of Hartlebury Castle, Worcestershire (Cal. Comm. for Compounding, p. 1260). His fine, fixed at a sixth of his estate, was 1,100l., which seems to have been paid. On 4 April 1649 he was reported to have gone to Flanders ‘upon challenge sent him by an English gentleman named Griffith’ (Cal. State Papers, Dom. 1649–50, p. 380). According to Sir Kenelm Digby, who gives the challenger's name as Griffin, the latter's letters to Windsor caused much merriment among the exiles at Calais (ib. p. 380), and the council of state requested the Spanish ambassador to prevent the duel. On 19 May 1651 he was summoned before the council of state and required to give a bond of 4,000l. with two sureties of 2,000l. to appear when called upon and ‘not to do anything prejudicial to the present government’ (ib. 1651, p. 207). On 2 Aug. 1653 he was granted a pass to go beyond seas, but for the most part he lived quietly in England, absorbed in a fruitless scheme to render the river Salwarpe navigable by means of locks, for the benefit of the salt trade at Droitwich. On 12 May 1656 he married at St. George's-in-the-Fields, London, Anne, sister of George Savile (afterwards Marquis of Halifax) [q. v.]

After the Restoration Windsor received on 16 June 1660 a declaratory patent determining in his favour the abeyance into which the barony of Windsor of Stanwell had fallen (, Complete Peerage, vi. 257; Egerton MS. 2551, f. 27). He took his seat as seventh Baron Windsor in the House of Lords two days later, and in the same year was made lord lieutenant of Worcestershire. On 20 July 1661 he was appointed governor of Jamaica, with a salary of 2,000l. a year, though his commission was dated only from 2 Aug. following. He did not set out till the middle of April 1662 (, Diary, ed. Braybrooke, i. 342), but during the interval seems to have developed some fairly enlightened views upon the government of colonies (Egerton MS. 2395, ff. 301–303). He arrived at Barbados on 11 July, and there published his proclamations for the encouragement of settlers in Jamaica. Lands were to be freely granted; no one was to be imposed upon in point of religion, provided he conformed to the civil government; trade with foreigners was to be free; and all handicrafts and tradesmen were to be encouraged (Cal. State Papers, America and West Indies, 1661–8, Nos. 324, 335). He left on 1 Aug. for Jamaica, where he acted as governor for little more than ten weeks, part of which was occupied by an expedition to Cuba and the seizure of a Spanish fort there called St. Jago. But during this brief period Windsor claimed to have established an admiralty court, disbanded the roundhead army in Jamaica and remodelled its forces, called in all commissions to buccaneers and ‘reduced them to certain orderly rules, giving them commissions to take Spaniards and bring them into Jamaica’ (ib. No. 379; cf. arts. and ; ). ‘Being verie sick and uneasie,’ he embarked for England on 20 Oct. 1662, leaving Sir Charles Lyttelton (1629–1716) [q. v.] as his deputy governor (Present State of Jamaica, 1683, p. 39). His com-


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 {|
 * colspan="5" align="center" | DESCRIPTION OF PLATE 7
 * colspan="4" |
 * align="right" | PAGE
 * colspan="4" | Sidneyia inexpectans Walcott
 * align="right" | 24
 * - valign="top"
 * width="15px" |
 * 1.
 * style="text-indent:-10px;padding-left:10px;" | Fragment of the ventral side of a small dorsal shield. ✕ 2. This shows the position of the leaf-like branchiae and branchial fringes. U. S. National Museum, Catalogue No. 57498.
 * colspan="4" | Beltina danai Walcott
 * align="right" | 21
 * - valign="top"
 * width="15px" |
 * 2.
 * style="text-indent:-10px;padding-left:10px;" | Fragment of the cephalo-thorax, showing the posterior margin, a low, broad furrow, and in advance of that, irregular, transverse ridges and scattered tubercles. Natural size. U. S. National Museum, Catalogue No. 57501.
 * - valign="top"
 * 2a.
 * style="text-indent:-10px;padding-left:10px;" | An untouched photograph of the specimen represented by fig. 2.
 * - valign="top"
 * 3.
 * style="text-indent:-10px;padding-left:10px;" | An abdominal segment compressed in the siliceous shale that preserves more or less of the tuberculated surface. Natural size. U. S. National Museum, Catalogue No. 57502.
 * style="text-indent:10px;padding-left:10px;" | The specimens represented by figs. 2 and 3 are from locality (14z) Algonkian: near the head of Johnson Creek on the Continental Divide west of Pincher Post Office, Alberta, Canada.
 * - valign="top"
 * 4.
 * style="text-indent:-10px;padding-left:10px;" | A large abdominal segment preserving a portion of the original convexity and tuberculated surface. Natural size. U. S. National Museum, Catalogue No. 57503.
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }
 * 3.
 * style="text-indent:-10px;padding-left:10px;" | An abdominal segment compressed in the siliceous shale that preserves more or less of the tuberculated surface. Natural size. U. S. National Museum, Catalogue No. 57502.
 * style="text-indent:10px;padding-left:10px;" | The specimens represented by figs. 2 and 3 are from locality (14z) Algonkian: near the head of Johnson Creek on the Continental Divide west of Pincher Post Office, Alberta, Canada.
 * - valign="top"
 * 4.
 * style="text-indent:-10px;padding-left:10px;" | A large abdominal segment preserving a portion of the original convexity and tuberculated surface. Natural size. U. S. National Museum, Catalogue No. 57503.
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }
 * style="text-indent:10px;padding-left:10px;" | The specimens represented by figs. 2 and 3 are from locality (14z) Algonkian: near the head of Johnson Creek on the Continental Divide west of Pincher Post Office, Alberta, Canada.
 * - valign="top"
 * 4.
 * style="text-indent:-10px;padding-left:10px;" | A large abdominal segment preserving a portion of the original convexity and tuberculated surface. Natural size. U. S. National Museum, Catalogue No. 57503.
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }
 * style="text-indent:10px;padding-left:10px;" | The specimen represented by fig. 4 is from locality (14y) Algonkian: Altyn limestone; southeastern base of Appekuny mountain, opposite the inouth of Canyon Creek, in Swift Current Creek valley, at second gap from eastern end of mountain, near Altyn, Montana.
 * }


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Author:John Weathers

Works

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title: Author:John Weathers


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 mission was revoked on 15 Feb. 1663–4, Sir Thomas Modyford being appointed his successor (Cal. State Papers, America and West Indies, 1661–8, Nos. 656, 735). Windsor's sudden return provoked from Pepys the remark that ‘these young lords are not fit to do any service abroad,’ and he was sceptical as to the reality of Windsor's achievements (Diary, ed. Braybrooke, ii. 109, 117, 134). Windsor himself pleaded ill-health, and his statement that he came back 2,000l. worse off than he went out supplies a further explanation (Hatton Correspondence, i. 46).

On 9 July 1666 Windsor was commissioned captain of a troop of sixty horse (, Army Lists, i. 76; Cal. State Papers, Dom. 1665–6, p. 490); it was, however, only a militia force, and was disbanded soon afterwards (Savile Corresp. p. 15). In June 1671, in return for a challenge which he believed John Berkeley, lord Berkeley of Stratton [q. v.], the lord lieutenant of Ireland, had sent him, Windsor challenged him at Kidderminster on his way to London (, Rawdon Papers, 1819, pp. 250–1; Cal. State Papers, Dom. 1671, pp. 346, 387). Berkeley declined the challenge and informed the king, who sent Windsor to the Tower. He was ‘mightily complimented by visitts from all the towne, and stayed there, I think, about a fortnight, and then, released, came to Windsore and kissed the king's hand there. The councill would heare nothing in favour of him. They looked upon his challenge to a person in the employment of Lt of Ireland as such an affront to ye king as nothing should have made him presume to resent it at that rate’ (Hatton Corresp. i. 63).

In 1676 Windsor was appointed master of the horse to the Duke of York, and on 4 July 1681 was made governor of Portsmouth (, i. 106). On 11 Nov. 1682 he was made governor of Hull, and on 6 Dec. following was created Earl of Plymouth, taking his seat on 19 May 1685. On 30 Oct. 1685 he was sworn of the privy council (ib. i. 362), a few days after the expulsion of his brother-in-law, the Marquis of Halifax, with whom he can have had but little sympathy (, Life of Halifax, i. 489). He died on 3 Nov. 1687 (Addit. MS. 28569, f. 180), and was buried on the 10th at Tardebigg, Worcestershire.

Plymouth's first wife, Anne Savile, died on 22 March 1666–7, and was buried at Tardebigg on 1 April following. He married, secondly at Kensington on 9 April 1668, Ursula, daughter of Sir Thomas Widdrington [q. v.], with the consent of her guardian, John Rushworth (1612?–1690) [q. v.] She was born on 11 Nov. 1647, and died on 22 April 1717. By her Plymouth had issue (I) Thomas (d. 1738), who served in the war in Flanders, was on 19 June 1699 created Viscount Windsor in the peerage of Ireland, and on 31 Dec. 1711 Baron Montjoy in the peerage of the United Kingdom, and left a son, Herbert, on whose death in 1758 these peerages became extinct; (2) Dixie (1672–1743), who was scholar of Westminster, fellow of Trinity College, Cambridge, member for that university in six successive parliaments, and brother-in-law of William Shippen [q. v.] (, Queen's Scholars, p. 221); (3) Ursula, who married in 1703 Thomas Johnson of Walthamstow; and (4) Elizabeth, who married Sir Francis Dashwood, bart.

By his first wife Plymouth had issue a daughter, Elizabeth, and a son, Other Windsor, styled Lord Windsor from 1682 till his death on 11 Nov. 1684; his son Other (1679–1727) succeeded his grandfather as eighth Baron Windsor and second Earl of Plymouth (cf., Brief Relation, passim; , Own Time, 1766, iii. 376). His grandson, Other Lewis, fourth earl (1731–1777), maintained a voluminous correspondence with Newcastle, extant in British Museum Additional MSS. 32724–982. The earldom became extinct on the death of Henry, eighth earl, on 8 Dec. 1843. The barony eventually passed to Harriet, daughter of the sixth earl, who married Robert Henry, grandson of Robert, first lord Clive [q. v.]; her grandson, fourteenth Baron Windsor, was created anew Earl of Plymouth in 1905.

[Cal. State Papers, Dom. 1650–72, America and West Indies, 1661–8, passim; Brit. Mus. Lansd. MS. cclv. 112; Addit. MSS. 5504 f. 106, 5530 f. 82, 6707 f. 55, 12514, 29550–61, passim; Hist. MSS. Comm. 1st Rep. App. pp. 27, 56, 2nd Rep. App. p. 15; Lords' and Commons' Journals; Hatton Corresp. and Savile Corresp. (Camden Soc.), passim; Luttrell's Brief Relation; Pepys's and Evelyn's Diaries; Peacock's Army Lists; Dalton's Army Lists, i. 76, 298; Chester's London Marr. Licences, col. 1488; History of Jamaica, 1774, 3 vols. 4to; Tracts relating to Jamaica, 1800, 4to; Nash's Worcestershire; Tickell's History of Hull; J. M. Woodward's Hist. of Bordesley Abbey; Foxcroft's Life of Halifax, passim; Lodge's Peerage of Ireland, ed. Archdall; Burke's Peerage and Extinct Peerage; Doyle's Official Baronage; G. E. C[okayne]'s Complete Peerage.]

WINDSOR, WILLIAM,  (d. 1384), deputy of Ireland, was the son of Sir Alexander de Windsor of Grayrigg, Westmorland, and of Elizabeth (d. 1349), his wife. No connection has been proved between this family and that of the


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 Windsors of Stanwell ('s Complete Peerage, viii. 183–4;, Duchetiana, gives a full account of the descent of the Windsor family). William was of full age in 1349, and served in the French wars of Edward III.

Before 1369 Windsor had held a command in Ireland under Lionel of Antwerp, and claimed lands in Kinsale, Inchiquin, and Youghal (King's Council in Ireland, p. 326). In that year he was appointed the king's lieutenant in Ireland, and had a grant of a thousand marks a year (, Baronage, i. 509). He at once set to work to reduce the Dublin border clans, but in 1370 had to leave them in order to attempt the rescue of the Earl of Desmond, who had been taken prisoner by the O'Briens (, Viceroys of Ireland, p. 230). To secure even partial order Windsor had been compelled to adopt measures of doubtful legality; at a parliament of 1369, failing to induce its members to promise new customs to the king, he extorted from the prelates, who met separately, a grant for three years, and afterwards had enrolment made in the chancery records that they were given in perpetuity to the crown. The colonists appealed to Edward III, and, in answer to their petition, the king on 10 Sept. 1371 forbade Windsor, who had returned to England in March, to levy the sums for which he had exacted grants, ordered the enrolment to be erased, and on 20 Oct. formally rebuked him for his extortions, which he bade him make good (Fœdera, vol. iii. pt. ii. pp. 922, 924, 928, 942). The mayor of Drogheda, arrested by Windsor's command, was released (ib. p. 930), and on 20 March 1373 an inquisition was held at Drogheda into Windsor's extortions in Meath and Uriel (ib. pp. 977, 978, 979). Alice Perrers, who afterwards became Windsor's wife, had in 1369, when he first became viceroy, received from him the amount destined for the expenses of his expedition and the payment of his men (for date of her marriage with Windsor, see art. ).

On Windsor's withdrawal from Ireland anarchy broke out. Accordingly on 20 Sept. 1373 Edward reappointed him to the vice-royalty (Fœdera, vol. iii. pt. ii. p. 990). He was commanded to levy the grants formerly promised at Baldoyle and Kilkenny, and to co-operate with Sir Nicholas Dagworth [cf. art. ]. In 1374, on the refusal of a parliament at Kilkenny to make a grant at Dagworth's request, Windsor issued writs bidding clergy and laity to elect representatives, finance them, and send them to England to consult Edward on an aid to be taken from Ireland [cf. art. ]. Meanwhile Newcastle, on the frontier of Wicklow, was taken by the Irish. The government sent help by sea to the garrison in the castle of Wicklow, but the council, meeting at Naas, forbade Windsor to move further south because it left the north in peril. Windsor could carry on the war only by levying forced subsidies of money and provisions.

Early in 1376 Windsor gave up his vice-royalty, and was summoned to England to consult with the king. On 29 Sept. 1376 he was granted 100l. a year for life from the issues of the county of York. On 14 Dec. pardon was granted him ‘for having harboured Alice Perrers, who was banished in 1377, and license granted for her to remain in the realm as long as she and her husband please.’ On 23 Oct. 1379 Sir John Harleston was directed to deliver up to Windsor the custody of Cherbourg (, Hist. Angl. i. 427; Chron. Angliæ, p. 255; Fœdera, iv. 73). In the same year Windsor was sent on the expedition to help the Duke of Brittany against France (, Hist. Angl. i. 134), receiving large grants of land, most of which had been forfeited by Alice Perrers (, Baronage, i. 509; Cal. Pat. Rolls, 1377–81, p. 503; Rot. Parl. iii. 130 a).

In 1381–2, 1382–3, 1383–4, Windsor had summons to parliament as a baron (, i. 509). In 1381 and 1382 he took a leading part in putting down the peasants' revolt, especially in the counties of Cambridge and Huntingdon, being granted special authority with this object, and made a special justice and commissary of the peace in Cambridge. On 13 March 1383 he was referred to as a ‘banneret.’ Further grants, previously made to Alice Perrers, were in 1381, 1383, and 1384 extended to him.

Windsor died at Haversham in Westmorland on 15 Sept. 1384, heavily in debt to the crown. The barony became extinct. His will was dated Haversham, 15 Sept., and proved on 12 Oct. 1384. He left no legitimate issue. His nephew, John de Windsor, who was one of his executors, seized most of his estates, and had many disputes with his widow [see ]. He left certain lands to William of Wykeham [q. v.], which the bishop eventually appropriated to the use of his great foundation at Winchester (Cal. Pat. Rolls, 1381–2, p. 577). In Ireland John de Windsor did not succeed in obtaining his uncle's lands; for William's estates in Waterford were adjudged to his two sisters—Christiana, wife of Sir William de Moriers of Elvington, Yorkshire; and Margaret, wife of John Duket, ‘his nearest


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 children, — for some children had already been born, — and rushing suddenly into the space between the armies said and did many things to arouse pity. Looking now at the one side and now at the other they cried: "Why do you do this, fathers? Why do you do it, husbands? When will you cease fighting? When will you cease hating each other? Make peace with your sons-in-law! Make peace with your fathers-in-law! For Pan's sake spare your children! For Quirinus' sake spare your grand-children! Pity your daughters, pity your wives! But if you are indeed irreconcilable and some bolt of madness has fallen upon your heads and drives you to frenzy, then first kill us on account of whom you are fighting, and first slay these children whom you hate, that with no longer any name or bond of kinship between you you may avoid the greatest of evils — the slaying of the grandsires of your children and the fathers of your grandchildren." With these words they tore open their garments and bared their breasts and bellies, while some pressed themselves against the men's swords and others threw their children against them. Moved by what they heard and saw the men began to weep, and they desisted from battle and came together for a conference there, just as they were, in the comitium, which received its name from this very event.

There is a great difference between establishing new ones and renaming those already in existence.


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 Romulus assumed a rather harsh attitude toward the senate and behaved toward it much like a tyrant; he returned the hostages of the Veientes on his own responsibility and not by common consent, as was usually done. When he perceived that they were vexed as this he made a number of unpleasant remarks, and finally said: "I have chosen you, Fathers, not that you may rule me, but that I might have you to command."

The heavy-armed troops of Romulus, three thousand in number, as Dio tells us in the first portion of his history, were divided into three bodies called tribus, i.e., trittyes [thirds], which the Greeks also termed phylai. Each trittys was divided into ten curiae, or "thinking bodies" (for cura means thought); and the men severally met by curiae, according as they had been assigned, and thought out the business in hand.

Romulus had a crown and a sceptre with an eagle on the top and a white cloak reaching to the feet and striped with purple breadths from the shoulders to the feet. . . and a scarlet shoe. . . according to Cocceius.

And he wore red shoes.


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Author:Charles Doolittle Walcott

Works

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 * Preliminary Notice of the Discovery of the Remains of the Natatory and Branchial Appendages of Trilobites. Advanced print, Dec., 1876. 28th Annual Report of the New York State Museum of Natural History, 1879:89–92

 * Description of New Species of Fossils from the Trenton Limestone. Advanced print, Jan., 1877. 28th Annual Report of the New York State Museum of Natural History, 1879:93–97
 * Notes on some Sections of Trilobites from the Trenton Limestone. Advanced print, Sept. 20, 1877. 31st Annual Report of the New York State Museum of Natural History, 1879:61–63
 * Note on the Eggs of the Trilobite. Advanced print, Sept. 20, 1877. 31st Annual Report of the New York State Museum of Natural History, 1879:66–67
 * Descriptions of New Species of Fossils from the Chazy and Trenton Limestones. Advanced print, Sept. 20, 1877. 31st Annual Report of the New York State Museum of Natural History, 1879:68–71

 * Note upon the Legs of Trilobites. 31st Annual Report of the New York State Museum of Natural History, 1879: 64–65, pl. 1
 * Descriptions of New Species of Fossils from the Calciferous Formation. Advanced print, Jan. 3, 1879. 32nd Annual Report of the New York State Museum of Natural History, 1879:129–131
 * The Utica Slate and Related Formations of the Same Geological Horizon. Advanced print, June, 1879:1–17. Transactions of the Albany Institute, 1883, 10:1–17
 * Fossils of the Utica Slate. Advanced print, June, 1879:13–38, pls. 12. Transactions of the Albany Institute, 1883, 10:18–38, pls. 1, 2

 * The Permian and other Paleozoic Groups of the Kanab Valley, Arizona. American Journal of Science, 20:221–225

 * The trilobite: new and old evidence relating to its organization. Bulletin of the Museum of Comparative Zoology, 8:191–224, pls. 1–6
 * On the Nature of Cyathophycus. American Journal of Science, 22:394–95

 * Notice of the discovery of a Poecilopod in the Utica slate formation. American Journal of Science, 23:151–152
 * Description of a New Genus of the Order Eurypterida from the Utica Slate. American Journal of Science, 23:213–216, figs. 1, 2

 * Injury sustained by the Eye of a Trilobite at the time of Moulting of the Shell. American Journal of Science, 26:302
 * Descriptions of new species of fossils from the Trenton group of New York. Advanced print, Oct. 15, 1883:1–8, pl. 17. 35th Annual Report of the New York State Museum of Natural History, 1884:207–216, pl. 17
 * Pre-Carboniferous Strata in the Grand Canon of the Colorado, Arizona. American Journal of Science, 26:437–442, 484, fig.
 * Fresh-water shells from the paleozoic rocks of Nevada. Science, 2:808, figs. 1–3a

 * Potsdam fauna at Saratoga, N. Y. Science, 3:136–137
 * Appendages of the Trilobite. Science, 3:279–281, figs. 1–3
 * Note on Paleozoic rocks of Central Texas. American Journal of Science, 28:431–433
 * Notes on the original specimen described by Professor Mickleborough. Cincinnati Journal of Natural History, 6:200
 * Paleontology of the Eureka District. United States Geological Survey Monograph, 8:1–298, pls. 1–24, figs. 1–7
 * Report of Mr. Charles D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 4th. Annual Report, 1882–1883:44–48
 * On the Cambrian faunas of North America: preliminary studies. United States Geological Survey Bulletin, 10:1–74, pls. 1–10

 * Deer Creek coal-field, White Mountain Indian Reservation, Arizona. Report and Appendix. United States Senate Executive Document, No. 20, 48th Congress, 2nd Session:2–7, fig.
 * Paleontologic Notes. American Journal of Science, 29:114–117, figs. 1–8
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 * Note on some Paleozoic Pteropods. American Journal of Science, 30:17–21, figs. 1–6
 * Report of Mr. Charles D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 5th Annual Report, 1883–1884:52–55
 * Report of Mr. Charles D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 6th Annual Report, 1884–1885:74–78
 * Department of fossil invertebrates (Paleozoic section). In: Report of the Assistant Director of the U. S. National Museum, together with the report of the curators, for the year 1883. Smithsonian Institution Annual Report, 1883:261–263
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 * Classification of the Cambrian System of North America. American Journal of Science, 32:138–157, figs. 1–9
 * Second contribution to the studies on the Cambrian faunas of North America. United States Geological Survey Bulletin, 30:1–369, pls. 1–31, figs. 1–10
 * Report on the Department of Invertebrate fossils (Paleozoic) in the U. S. National Museum, 1885. Smithsonian Institution Annual Report, 1885, Pt. 2:129–132

 * Note on the Genus Archeocyathus of Billings. American Journal of Science, 34:145–146
 * Fauna of the "Upper Taconic" of Emmons, in Washington County, New York. American Journal of Science, 34:187–199, pl. 1

 * The Taconic System of Emmons, and the use of the name Taconic in Geologic nomenclature. American Journal of Science, 35:229–242, 307–327, 394–401, pl. 3, figs. 1–13
 * Cambrian Fossils from Mount Stephens, Northwest Territory of Canada. American Journal of Science, 36:161–166
 * On the relations and nomenclature of formations between the Archaean and Cambrian, and the use of the term Taconic. Congres Géologique International, Comptes Rendus, 4e sess., Londres, 1888. London, 1891: Ann. A, Reports of American Committee, A69
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 7th Annual Report, 1885–1886:113–17

 * Stratigraphic position of the Olenellus fauna in North America and Europe. American Journal of Science, 37:374–392; 38:29–42
 * Description of new genera and species of fossils from the Middle Cambrian.Proceedings of the United States National Museum, 1888, 11:441–446
 * A simple method of measuring the thickness of inclined strata. Proceedings of the United States National Museum, 1888, 11:447–448, fig.
 * A fossil Lingula preserving the cast of the peduncle. Proceedings of the United States National Museum, 1888, 11:480, figs. 1–3
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 8th Annual Report, 1886–1887, Pt. 1:174–178
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 9th Annual Report, 1887–1888:115–120
 * Report on the Department of Invertebrate Fossils (Paleozoic) in the U. S. National Museum for the year ending June 30, 1886. Smithsonian Institution Annual Report, 1886, Pt. 2:215–227
 * Report on the Department of Invertebrate Fossils (Paleozoic) in the U. S. National Museum, 1887. Smithsonian Institution Annual Report, 1887, Pt. 2:139–141
 * Description of a new genus and species of inarticulate brachiopod from the Trenton limestone. Advanced print, Dec. 10, 1889. Proceedings of the United States National Museum, 1889, 12:365–366, figs. 1–4

 * The fauna of the Lower Cambrian or Olenellus zone. United States Geological Survey 10th Annual Report, Pt. 1:509–774, pls. 63–98
 * Report on the Department of Invertebrate Fossils (Paleozoic) in the U. S. National Museum, 1888. Smithsonian Institution Annual Report, 1888, Rept. U.S. Nat. Mus., 183–185
 * Descriptive notes of new genera and species from the Lower Cambrian or Olenellus zone of North America. Proceedings of the United States National Museum, 1889, 12:33–46
 * Study of a line of displacement in the Grand Canon of the Colorado, in northern Arizona. Bulletin of the Geological Society of America, 1:49–64, figs. 1–12
 * A review of Dr. R. W. Ells's second report on the geology of a portion of the Province of Quebec; with additional notes on the "Quebec Group." American Journal of Science, 39:101–115
 * Review of Report of State Geologist, of New York, for 1888; Fortysecond Annual Report of the New York State Museum of Natural History, 1889. American Journal of Science, 39:155–156
 * The value of the term "Hudson River Group" in geologic nomenclature. Bulletin of the Geological Society of America, 1:335–355, fig. 1
 * Discussion of paper by H. S. Williams on the Cuboides zone and its fauna: a discussion of Methods of Correlation. Bulletin of the Geological Society of America, 1:499
 * Discussion of paper by Ezra Brainard and Henry M. Seely on the Calciferous formation in the Champlain Valley. Bulletin of the Geological Society of America, 1:512–513
 * Description of new forms of Upper Cambrian fossils. Proceedings of the United States National Museum, 1890, 13:267–79, pls. 20, 21
 * Report of Mr. Charles D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 10th Annual Report, 1888–1889, Pt. 1:160–162
 * Description of notes on the "Quebec Group." American Journal of Science, 39:101–115

 * Discussion of paper by C. Willard Hayes on the overthrust faults of the southern Appalachians. Bulletin of the Geological Society of America, 2:153
 * Discussion of paper by H. R. Geiger and Arthur Keith on the structure of the Blue Ridge near Harper's Ferry. Bulletin of the Geoligical Society of America, 2:163–164
 * Discussion of paper by H. M. Ami on the geology of Quebec and environs. Bulletin of the Geological Society of America, 2:501–502
 * Discussion of paper by Robert T. Hill on the Comanche series of the Texas-Arkansas region. Bulletin of the Geological Society of America, 2:526–527
 * Discussion of paper by George M. Dawson on the geological structure of the Selkirk Range. Bulletin of the Geological Society of America, 2:611
 * Correlation papers—Cambrian. United States Geological Survey Bulletin, 81:1–447, pls. 1–3, figs. 1–5
 * Report of C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 11th Annual Report, 1889–1890, Pt. 1:102–106
 * Report of C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 12th Annual Report, 1889–1890, Pt. 1:106–111
 * The North American Continent during Cambrian time. United States Geological Survey 12th Annual Report, Pt. 1:523–568, pls. 42–45
 * Report on the Department of Paleozoic Fossils in the U. S. National Museum, 1889. Smithsonian Institution Annual Report, 1889, Report of the United States National Museum, 391–396
 * Report on the Department of Paleozoic Fossils in the U. S. National Museum, 1890. Smithsonian Institution Annual Report, 1890, Report of the United States National Museum, 223–234

 * Notes on the Cambrian rocks of Virginia and the southern Appalachians. American Journal of Science, 44:52–57
 * Preliminary notes on the discovery of a vertebrate fauna in Silurian (Ordovidan) strata. Bulletin of the Geological Society of America, 3:153–172, pls. 3–5, fig. 1
 * Note on Lower Cambrian fossils from Cohassett, Massachusetts. Proceedings of the Biological Society of Washington, 7:155
 * Notes on the Cambrian rocks of Pennsylvania and Maryland, from the Susquehanna to the Potomac. American Journal of Science, 44:469–482
 * Systematic list of fossils of each geological formation in the Eureka district, Nevada. United States Geological Survey Monograph, 20, Appendix A:317–333
 * Report on the Department of Paleozoic Invertebrate Fossils in the U. S. National Museum, 1891. Smithsonian Institution Annual Report, 1891, Report of the United States National Museum, 245–248
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. United States Geological Survey 13th Annual Report, 1891–1892, Pt. 1:135–140

 * The Natural Bridge of Virginia. National Geographic Magazine, 5:59–62, pl. 21
 * The geologist at Blue Mountains, Maryland. National Geographic Magazine, 5:84–88
 * Correlation of Clastic rocks, with particular reference to the Cambrian. Congr. Geol. Internat., Compt. Rend., 5e sess., Washington:168–170
 * Silurian vertebrate life at Canyon City, Colorado. Congr. Geol. Internat., Compt. Rend., 5e sess., Washington:427–428
 * Niagara Falls to New York City. Itinerary. Congr. Geol. Internat. Compt. Rend., 5e sess., Washington:459–463
 * Discussion of paper by J. W. Spencer on terrestrial submergence southeast of the American Continent. Bulletin of the Geological Society of America, 5:22
 * Geologic time, as indicated by the sedimentary rocks of North America. Journal of Geology, 1:639–676
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. U. S. Geological Survey 14th Annual Report, 1891–1892, Pt. 1:252–255
 * Report on the Department of Paleozoic Invertebrate Fossils in the U.S. National Museum, 1892. Smithsonian Institution Annual Report, 1891, Report of the U. S. National Museum, 191–194

 * Notes on the Cambrian rocks of Pennsylvania, from the Susquehanna to the Delaware. American Journal of Science, 47:37–41
 * Paleozoic intraformational conglomerates. Bulletin of the Geological Society of America, 5:191–198, pls. 6–7
 * On the occurrence of Olenellus in the Green Pond Mountain series of northern New Jersey, with a note on the conglomerates. American Journal of Science, 47:309–311
 * Notes on some appendages of the Trilobites. Proceedings of the Biological Society of Washington, 9:89–97, pl. 1
 * Discovery of the genus Oldhamia in America. Advanced print, Nov. 15, 1894. Proceedings of the U. S. National Museum, 1895, 17:313–315, fig. 1
 * Pre-Cambrian igneous rocks of the Unkar Terrane, Grand Canyon of the Colorado, Arizona; with notes on the petrographic character of the lavas by J. P. Iddings. U. S. Geological Survey 14th Annual Report, Pt. 2:497–519, pls. 60–65, figs. 52–53

 * Lower Cambrian rocks in eastern California. American Journal of Science, 49:141–144
 * The Appalachian type of folding in the White Mountain Range of Inyo County, California. American Journal of Science, 49:169–174, figs. A–F
 * The United States Geological Survey and its methods of work. Proceedings of the Engineers' Club of Philadelphia, 12:44–61, pls. 1–3
 * Algonkian rocks of the Grand Canyon of the Colorado. Journal of Geology, 3:312–330, pl. 6, fig. 1
 * Report of Mr. C. D. Walcott. In: Administrative reports of chiefs of divisions. U. S. Geological Survey 15th Annual Report, 1893–1894:129–144
 * The Cambrian rocks of Pennsylvania. U. S. Geological Survey Bulletin, No. 134:1–43, pls. 1–15
 * Fossil jelly fishes from the Middle Cambrian terrane. Proceedings of the U. S. National Museum, 1896, 18:611–614, pls. 31–32
 * Brief report on organic markings in Lake Superior iron-ores. Transactions of the American Instute of Mining Engineers, 26:532–533
 * Sixteenth Annual Report of the United States Geological Survey to the Secretary of the Interior, 1894–1895. Pt. 1:1–130
 * Seventeenth Annual Report of the United States Geological Survey to the Secretary of the Interior, 1895–1896. Pt. 1:1–200
 * Seventeenth Annual Report of the United States Geological Survey to the Secretary of the Interior, 1895–1896. Pt. 1:1–200

 * Note on the genus Lingulepsis. American Journal of Science, 3:404–405
 * The post-Pleistocene elevation of the Inyo Range, and the lake beds of Waucobi embayment, Inyo County, California. Journal of Geology, 5:340–348, figs. 1–5
 * Cambrian Brachiopoda: genera Iphidea and Yorkia, with descriptions of new species of each, and of the genus Acrothele. Proceedings of the U. S. National Museum, 1897, 19:707–718, pls. 59–60
 * Eighteenth Annual Report of the United States Geological Survey to the Secretary of the Interior, 1896–1897. Pt. 1:9–130

 * Notes on the brachiopod fauna of the quartzitic pebbles of the Carboniferous conglomerates of the Narragansett Basin, Rhode Island. American Journal of Science, 6:327–328
 * Cambrian Brachiopoda: Obolus and Lingulella, with description of new species. Advanced print, Nov. 19, 1898. Proceedings of the U. S. National Museum, 1899, 21:385–420, pls. 26–28
 * Fossil Medusae. U. S. Geological Survey Monographs, 30:1–201, pls. 1–47
 * Nineteenth Annual Report of the Geological Survey to the Secretary of the Interior, 1897–1898. Pt. 1:1–143, pls. 1–11
 * Report on the region south of and adjoining the Yellowstone National Park, with especial reference to the preservation and protection of the forest and the game therein. U.S. Senate Ex. Doc. No. 39, 55th Congress, 3d Sess.:3–6
 * Report on a proposed Division of Mines and Mining in the United States Geological Survey. U.S. Senate Ex. Doc. No. 40, 55th Congress, 3d Sess.:2–12
 * Appendix to Secretary's Report. Appendix I. The National Museum. Smithsonian Institution Annual Report, 1897:29–32
 * Work of the U.S. Geological Survey in the South. [Specially prepared by Charles D. Walcott for] The Tradesman Annual, 19:117–120
 * Work of the U.S. Geological Survey in the South. [Specially prepared by Charles D. Walcott for] The Tradesman Annual, 19:117–120

 * Pre-Cambrian fossiliferous formations. Bulletin of the Geological Society of America, 10:199–214, pls. 22–28, figs. 1–7
 * The United States National Museum. Popular Science Monthly, 55:491–501
 * Cambrian fossils [of the Yellowstone National Park]. U. S. Geological Survey Monographs, 32, Pt. 2:440–478, pls. 60–65
 * Twentieth Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1898–1899, Pt. 1:9–209
 * Report upon the condition and progress of the U.S. National Museum during the year ending June 30, 1897. Smithsonian Institution Annual Report, 1897, Report of the U.S. National Museum:1–245
 * Appendix to Secretary's Report. Appendix I. The National Museum. Smithsonian Institution Annual Report, 1898:31–35

 * Correspondence relating to collections of vertebrate fossils made by the late Professor O. C. Marsh. Science, 11:21–24
 * Random, a pre-Cambrian Upper Algonkian terrane. Bulletin of the Geological Society of America, 2:3–5
 * Lower Cambrian terrane in the Atlantic Province. Proceedings of the Washington Academy of Science, 1:301–339, pls. 22-26, figs. 9–11
 * Washington as an explorer and surveyor. Popular Science Monthly, 57:323–324
 * Twenty-first Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1899–1900, Pt. 1:9–201
 * Report upon the condition and progress of the U.S. National Museum during the year ending June 30, 1898. Smithsonian Institution Annual Report, Report of the U. S. National Museum:1–149
 * The Cambrian formation in the Atlantic province (abstract). Science, 11:104

 * Relations of the National Government to higher education and research. Science, 13:1001–1015
 * The work of the United States Geological Survey in relation to the mineral resources of the United States. Transactions of the American Institute of Mining Engineers, 30:3–26
 * Cambrian Brachiopoda: Obolella, subgenus Glyptias; Bicia; Obolus, subgenus Westonia; with descriptions of new species. Proceedings of the U. S. National Museum, 1901, 13:669–695
 * The geographic work of the U.S. Geological Survey. Verhandlungen des 7. Internationalen Geographen-Kongresses in Berlin, 1899, 2:707–713
 * Twenty-second Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1900–1901. Pt. 1:11–207

 * Outlook of the geologist in America. Bulletin of the Geological Society of America, 13:99–118
 * Vast extent of arid areas. National Magazine, 15:571–572
 * Cambrian Brachiopoda; Acrotreta; Linnarssonella; Obolus; with descriptions of new species. Proceedings of the U. S. National Museum, 1902, 25:577–612
 * Twenty-third Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1901–1902:9–217

 * New term for the Upper Cambrian series. Journal of Geology, 11:318–319
 * Twenty-fourth Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1902–1903:1–302
 * John Wesley Powell. In: Proceedings of a meeting commemorative of his distinguished services. Proceedings of the Washington Academy of Science, 5:99–100

 * Twenty-fifth Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1903–1904:1–388
 * Cambrian Brachiopoda with descriptions of new genera and species. Proceedings of the U. S. National Mususeum, 1905, 28:227–337
 * The Cambrian fauna of India. Proceedings of the Washington Academy of Science, 7:251–256
 * Cambrian faunas of China. Proc. of the U. S. National Mususeum, 1905, 29:1–106
 * Twenty-sixth Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1904–1905:1–322
 * Address of welcome on the part of the President of the United States. [8th International Geographic Congress]. United States House of Representatives Document No. 460:69–70
 * Work of The Geological Survey in mapping the reserves. Proceedings of the American Forest Congress, Washington, Jan. 2–6, 1905:364–380

 * Cambrian faunas of China. Proceedings of the U. S. National Museum, 1906, 30:563–595
 * Algonkian formations of northwestern Montana. Bulletin of the Geological Society of America, 17:1–28, pls. 1–11
 * Relation of government reclamation work to private enterprise. Official Proceedings of the 14th National Irrigation Congress, held at Boise, Idaho, September 3–8:50–54
 * Principles which govern the United States Geological Survey in its relations with other geological surveys and working geologists. Science, 24:692–693
 * The policy of the U. S. Geological Survey and its bearing upon science and education. Science, 24:722–725
 * Twenty-seventh Annual Report of the Director of the United States Geological Survey to the Secretary of the Interior, 1905–1906:1–104

 * Geological work in Arkansas by Professor Purdue. Science, 25:109–110
 * Dr. Hamlin's relations to the temporalities of the church. In memoriam: Tribute to the life and character of Rev. Teunis S. Hamlin, D.D., Pastor of the Church of the Covenant, Washington, D.C., April 28, 1907:32–35
 * Louis Agassiz. Smithsonian Miscellaneous Collections, 50:216–218, pl. 22
 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1907. Smithsonian Institution Annual Report, 1907:1–40

 * Mount Stephen Rocks and Fossils. Canadian Alpine Journal, 1(2):232–248
 * Nomenclature of Some Cambrian Cordilleran formations. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:1–12
 * Cambrian trilobites. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:13–52, pls. 1–6
 * Cambrian Brachiopoda: descriptions of new genera and species. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:53–137, pls. 7–10
 * Classification and terminology of the Cambrian Brachiopoda. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:139–165, pls. 11–12
 * Cambrian sections of the Cordilleran area. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:167–230, pls. 13–22

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1908. Smithsonian Institution Annual Report, 1908:1–35
 * Research and the Smithsonian Institution. Independent, March 18, 1909, 585–586
 * Evolution of early Paleozoic faunas in relation to their environment. Journal of Geology, 17:193–202
 * Acceptance of portrait of Admiral Melville. Transactions of the American Society of Mechanical Engineers, 31:261

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1909. Smithsonian Institution Annual Report, 1909:1–32
 * Olenellus and other genera of the Mesonacidae. Cambrian Geology and Paleontology, I. Smithsonian Miscellaneous Collections, 53:231–422, pls. 23–44
 * Pre-Cambrian rocks of the Bow River Valley, Alberta, Canada. Cambrian Geology and Paleontology, I. Smithsonian Miscelllaneous Collections, 53:423–443, pls. 45–47
 * Abrupt appearance of the Cambrian fauna on the North American Continent. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:1–16, pl. 1, fig. 1

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1910. Smith. Inst, Ann. Rept., 1910:1–39
 * Melville Weston Fuller, 1883–1910. Smithsonian Institution Annual Report, 1910:113–123
 * Middle Cambrian Merostomata. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:17–40, pls. 2–7
 * A Geologist's Paradise. National Geographic Magazine, 22:509–521
 * Middle Cambrian Holothurians and Medusae. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:41–68, pls. 8–13, figs. 2–6
 * Cambrian Faunas of China. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:69–108, pls. 14–17, figs. 7–7a
 * Middle Cambrian Annelids. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:109–144, pls. 18–23
 * Special problems and their study in economic geology (discussion). Economic Geology, 6:71–72

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1911. Smithsonian Institution Annual Report, 1911:1–25
 * Middle Cambrian Branchiopoda, Malacostraca, Trilobita, and Merostomata. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:145–228, pls. 24–34, figs. 8–10
 * Cambrian of the Kicking Horse Valley, British Columbia. Summary Report of the Geological Survey Branch of the Department of Mines, 1911, Sessional Paper No. 26, Ottawa: 188–191
 * Cambro-Ordovician Boundary in British Columbia with Description of Fossils. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:229–237, pl. 35
 * The Sardinian Cambrian Genus Olenopsis in America. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:239–249, pl. 36
 * Notes on fossils from limestone of Steeprock Lake, Ontario. Geological Survey of Canada Memoires, 28, App.:16–22, pls. 1–2
 * Biographical memoir of Samuel Pierpont Langley, 1834–1906. National Academy of Sciences, Biographical Memoirs, 6:247–268
 * Francis Davis Millet. American Federation of Arts Memorial Meeting, Washington, May 10, 1912:25–26
 * Studies in Cambrian geology and paleontology in the Canadian Rockies. In: Expeditions organized or participated in by the Smithsonian Institution in 1910 and 1911. Smithsonian Miscellaneous Collections, 59:39–45, figs. 44–48
 * New York Potsdam-Hoyt Fauna. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:251–304, pls. 37–49
 * Group Terms for the Lower and Upper Cambrian series of Formations. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:305–307
 * Cambrian Brachiopoda. U. S. Geological Survey Monographs, 51, Pt. 1:1–872; Pt. 2:1–363, pls. 1–104, figs. 1–76

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1912. Smithsonian Institution Annual Report, 1912:1–29
 * Geological exploration in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1912. Smithsonian Miscellaneous Collections, 60:24–31, figs. 22–23
 * The monarch of the Canadian Rockies: the Robson Peak District of British Columbia and Alberta. National Geographic Magazine, 24:626–639
 * New Lower Cambrian subfauna. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:309–326, pls. 50–54
 * Cambrian formations of the Robson Peak District, British Columbia and Alberta, Canada. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:327–343, pls. 55–59
 * The Cambrian faunas of China. In: Research in China. Carnegie Institution of Washington Publication, 54:1–375, pls. 1–29, figs. 1–9
 * An account of the exercises on the occasion of the presentation of the Langley Medal and the unveiling of the Langley Memorial Tablet, May 6, 1913, including the addresses. Smithsonian Institution Special Publication, 2233:5–6
 * Cambrian fossils from British Columbia (abstract). Science, 37:724–725

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1913. Smithsonian Institution Annual Report, 1913:1–35
 * Dikelocephalus and other genera of the Dikelocephalinae. Cambrian Geology and Paleontology, II. Smithsonian Miscellaneous Collections, 57:345–412, pls. 60–70
 * The Cambrian faunas of Eastern Asia. Cambrian Geology and Paleontology, III. Smithsonian Miscellaneous Collections, 64:1–75, pls. 1–3, figs. 1–9
 * Pre-Cambrian Algonkian algal flora. Cambrian Geology and Paleontology, III. Smithsonian Miscellaneous Collections, 64:77–156, pls. 4–23
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1913. Smithsonian Miscellaneous Collections, 63:2–12, figs. 1–14
 * Atikokania lawsoni Walcott. [Letter in] Nature, 94:477–478

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1914. Smithsonian Institution Annual Report, 1914:1–34
 * The Cambrian and its problems in the Cordilleran region. In: Problems of American Geology: A Series of Lectures Dealing with Some of the Canadian Shield and of the Cordilleras. New Haven, Yale University Press: 162–233, figs. 1–8
 * Discovery of Algonkian bacteria. Proceedings of the National Academy of Science, 1:256–57, figs. 1–3
 * Pre-Paleozoic algal deposits (abstract). Science, 41:870, 879
 * Geological explorations in the Rocky Mountains. In: Explorations and field-work of the Smithsonian Institution in 1914. Smithsonian Miscellaneous Collections, 65:1–10, pl. 1, figs. 1–10

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1915. Smithsonian Institution Annual Report, 1915:1–27
 * Cambrian trilobites. Cambrian Geology and Paleontology, III. Smithsonian Miscellaneous Collections, 64:157–258, pls. 24–38
 * Relations between the Cambrian and Pre-Cambrian formations in the vicinity of Helena, Montana. Cambrian Geology and Paleontology, III. Smithsonian Miscellaneous Collections, 64:259–301, pls. 39–44, figs. 10–13
 * Cambrian trilobites. Cambrian Geology and Paleontology, III. Smithsonian Miscellaneous Collections, 64:303–456, pls. 45–67
 * Evidences of primitive life. Smithsonian Institution Annual Report, 1915:235–255, pls. 1–18
 * Geological explorations in the Rocky Mountains. In: Explorations and field-work of the Smithsonian Institution in 1915. Smithsonian Miscellaneous Collections, 66:1–27, figs. 1–40
 * Is "Atikokania lawsoni" a concretion? Nature, 94:478
 * Cambrian trilobites. Proceedings of the National Academy of Sciences, 2:101

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1916. Smithsonian Institution Annual Report, 1916:1–33
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1916. Smithsonian Miscellaneous Collections, 66:1–19, figs. 1–24
 * Nomenclature of some Cambrian Cordilleran formations. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:1–8
 * The Albertella fauna in British Columbia and Montana. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:9–59, pls. 1–7
 * Fauna of the Mount Whyte formation. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:61–114, pls. 8–13
 * Searching for a doubtful geological zone in the Canadian Rockies (abstract). Science, 45:355
 * National Parks as a scientific asset. Proceedings of the National Parks Conference, pp. 113–117
 * Story of Granny, the mountain squirrel. Journal of Animal Behavior, 7:754–755
 * Secretary Walcott to Goddard Approving the Grant

 * [Introduction to] The life story of an American airman in France [extracts from letters of Stuart Walcott]. National Geogragraphic Magazone 33:86–106
 * [Introduction to] Above the French Lines; letters of Stuart Walcott, American Aviator, July 4, 1917 to Dec. 8, 1917. Princeton, Princeton University Press. 93 pp.
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1917. Smithsonian Miscellaneous Collections, 68:4–20, figs. 1–19
 * Appendages of trilobites. Cambrian Geoleogy and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:115–216, pls. 14–42, figs. 1–3

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1917. Smithsonian Institution Annual Report, 1917:1–29
 * Middle Cambrian Algae. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:217–260, pls. 43–59
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1918. Smithsonian Miscellaneous Collections, 70:3–20, figs. 1–21

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1918. Smithsonian Institution Annual Reort, 1918:1–23
 * Geological explorations in the Canadian Rockies: field season of 1919. In: Explorations and field-work of the Smithsonian Institution in 1919. Smithsonian Miscellaneous Collections, 72:1–16, figs. 1–16
 * Middle Cambrian Spongiae. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:261–364, pls. 60–90, figs. 4–10

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1919. Smithsonian Institution Annual Report, 1919:1–23
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1920. Smithsonian Miscellaneous Collections, 72:1–10, figs. 1–12
 * Notes on structure of Neolenus. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections 67:365–456, pls. 91–105, figs. 11–23

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1920. Smithsonian Institution Annual Report, 1920:1–36
 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1921. Smithsonian Institution Annual Report, 1921:1–24
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1921. Smithsonian Miscellaneous Collections, 72:1–22, figs. 1–24

 * Nomenclature of some Post Cambrian and Cambrian Cordilleran formations (2). Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:457–476, fig. 24
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1922. Smithsonian Miscellaneous Collections, 74:1–24, figs. 1–29

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1922. Smithsonian Institution Annual Report, 1922:1–25
 * Cambrian and Ozarkian Brachiopoda, Ozarkian Cephalopoda and Notostraca. Cambrian Geology and Paleontology, IV. Smithsonian Miscellaneous Collections, 67:477–554, pls. 106–126
 * Geological Formations of the Beaverfoot-Brisco-Stanford Range, British Columbia, Canada. Cambrian Geology and Paleontology, V. Smithsonian Miscellaneous Collections, 75:1–51, pls. 1–8, figs. 1–11
 * Cambrian and Lower Ozarkian Trilobites. Cambrian Geology and Paleontology, V. Smithsonian Miscellaneous Collections, 75:53–60, pls. 9–14
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1923. Smithsonian Miscellaneous Collections, 76:1–8, figs. 1–11
 * [With C. E. Resser.] Trilobites from the Ozarkian limestones of the Island of Novaya Zemlya. In: Report of the scientific results of the Norwegian expedition to Novaya Zemlya in 1921, No. 24. Videnskappselskapet i Kristiania:1–14, 2 pls.

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1923. Smithsonian Institution Annual Report, 1923:1–26
 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1924. Smithsonian Institution Annual Report, 1924:1–26
 * Relations of the Smithsonian Institution to the National Government. Smithsonian Institution, Special Publication, 5 pp.
 * Science and Service. Science, 61:1–5
 * Joseph Henry. Science, 62:405–408
 * Cambrian and Ozarkian Trilobites. Cambrian Geology and Paleontology, V. Smithsonian Miscellaneous Collections, 75:61–146, pls. 15–24, figs. 12–13
 * John Mason Clarke. Science, 62:558
 * Geological explorations in the Canadian Rockies. In: Explorations and field-work of the Smithsonian Institution in 1924. Smithsonian Miscellaneous Collections, 77:1–14, figs. 1–21

 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1925. Smithsonian Institution Annual Report, 1925:1–27
 * Samuel Pierpont Langley and modern aviation. Proceedings of the American Philosophical Society, 65:79–82
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 * Report of the Secretary of the Smithsonian Institution, Charles D. Walcott, for the year ending June 30, 1926. Smithsonian Institution Annual Report, 1926:1–33
 * Pre-Devonian Paleozoic Sedimentation in Southern Canadian Rocky Mountains. Cambrian Geology and Paleontology, V. Smithsonian Miscellaneous Collections, 75:147–173, pl. 25, figs. 14–23

 * Pre-Devonian Paleozoic Formations of the Cordilleran Provinces of Canada. Cambrian Geology and Paleontology, V. Smithsonian Miscellaneous Collections, 75:175–368, pls. 26–108, figs. 24–35

 * Addenda to descriptions of Burgess shale fossils. [With explanatory notes by Charles E. Resser.] Smithsonian Miscellaneous Collections, 85, No. 3, 46 pp., 23 pls., 11 figs.

title: Author:Charles Doolittle Walcott


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 lawful in themselves. Acts, any acts done in furtherance of a conspiracy to restrain are illegal. A plot to restrain National trade is a direct invasion of the express words of the Act, is as "direct" an invasion as anything can be, and "indirectness" of any or all means cannot make that which is itself direct, unlawful; indirect and legal; nor can they change what is expressly in itself denounced as criminal, into the pure and innocent, though the trusts frequently attempt to make them do so!

This is fully expressed by Judge Woods in the much-commended opinion in U. S. vs. Debs:

"A conspiracy, to be sure, consists in an agreement to do something, but in the sense of the law and therefore in the sense of this statute, it must be an agreement between two or more to do by concerted action something criminal or unlawful, or, it may be, to do something lawful by criminal or unlawful means. A conspiracy, therefore, is in itself unlawful, and, in so far as this statute is directed against conspiracies in restraint of trade among the several States, it is not necessary to look for the illegality of the offence in the kind of restraint proposed; and since it would be unnecessary it would be illogical. * * * Any proposed restraint of trade, though it be in itself innocent, if it is to be accomplished by conspiracy, is unlawful."

Again, Judge Taft says, in Thomas vs. Company: "The breach of a contract is unlawful; a combination with that as its purpose is unlawful, and is a conspiracy; * * * therefore, this


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 was for an unlawful purpose and is a conspiracy within the statute."

And so it was also determined in the Addyston case: "Another aspect of this contract of association brings it within the term used in the statute, 'a conspiracy in restraint of trade.' * * * One of the means adopted by the defendants * * * was * * * illegal and fraudulent. * * * No matter what the excuse for the combination by defendants in restraint of trade, the illegality of the means stamps it as a conspiracy, and so brings it within that term of the Federal statute."

It results that, while it has for manifest reasons been necessary to carefully scrutinize intent and tendency when all that has been done was to exercise a lawful power in lawful manner, and thus to exclude "tendency" from the mere possession of such power unaccompanied by temptation or proved intent to misuse, there is no such reason in the case of wrongdoers, that they may be left free to exploit the public. Where illegal conduct is thought necessary, innocence of ultimate purpose need not and is not assumed; nor does public policy require that the State should run any risk of the possibility being converted into accomplished injury. Everything is to be presumed against such wrong-doers; and full precaution is justifiable that the public may not suffer. While the probabilities of lawful conduct may be confined to beneficial results, the probability of crime is injury. For crime is not resorted to where "legitimate means and lawful methods" will suffice. In any event, no public policy can require the taking of any chances in favor of such wrong-doers.


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Competition does represent, not the productive forces of trade, but only its police. Unfortunately, it is none the less necessary, on that account. Civilization is but a curtailment of competition, a substitution of coöperation for universal strife and enmity. To say, therefore, that a restraint of competition is equivalent to a restraint of trade, is to admit that, however far civilization has advanced, it has not yet eliminated a barbarous degree of selfishness; and, unfortunately, this is so!

But there must be some limitation upon that which disintegrates society; some protection to that which unites. That which raises us from the savage state cannot wholly be condemned; even though men are still so selfish as to necessitate the enforcement of police protection against the results of their cupidity.

While no more able, righteous, or legally correct opinion was ever delivered than that of Mr. Justice Harlan in the Securities case; while I doubt if we can even yet appreciate the obligations we rest under because of it (the Constitution has been subjected to enough strain in any event from the discontent of the people), I must confess that Mr. Justice Holmes in his dissent enunciates much that appeals to me as manifestly true, although, for reasons easily gatberable from this


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 essay, I have been unable to accept his final conclusion or inference of fact in that case.

I am perfectly conscious that much in opinions of the very highest authority contradicts what I am about to say. I nevertheless and notwithstanding consider the law to be as I am striving to explain it.

Just as it is believed that "tendency" is the paramount consideration in cases of restraint, and is limited and defined by the doctrine of "indirectness," so I believe that the basis of our civilization, law, and religion is "coöperation." Though constituting the greatest source of human power for either good or evil, coöperation in turn is limited and defined by the doctrine of competition, that it may accomplish legitimate purposes only.

As to religion, I take it no one will question what I say. It would be an anomaly if a nation's law and religion were diametrically and irreconcilably in conflict on such a subject. As to our civilization, to deny this position would be equivalent to the assertion that civilization is not civilization, for civilization is coöperation among men!

And, so, to the law.

I think it is on this subject, as on the others of which I have treated, largely controlled by purpose, intent, tendency. Where men coöperate for good they are most effectively engaged in furthering the public welfare; and it is no less true that where they coöperate for evil, they in like measure intensify the evils aimed at. That I understand to be the whole doctrine of criminal conspiracy.

So, while I feel that in the Securities case the test of the stifling of all motives for competition was absolutely correct and properly applied, and while I


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 think it has been properly applied in every case in which it has been applied by the Supreme Court; I do not think that it is by any means a universal test; and that, so far as it has been so stated as applying to all cases that must be, in the first place, limited by the case actually before the Court, and in the second place, by the fact that many exceptions have already been admitted, although the principle upon which they rest has not been formulated, the statement of the rule—though with strong dissent—still being general.

Mr. Justice Holmes forcibly says: "The provision of the statute against contracts in restraint of trade * * * does not require that all existing competitions shall be maintained. * * * The act of Congress will not be construed to mean the universal disintegration of society into single men, each at war with all the rest, or even the prevention of all further combinations for a common end. * * * A partnership is not a contract or combination in restraint of trade between the partners * * * The law, I repeat, says nothing about competition, and only prevents its suppression by contracts or combinations in restraint of trade, and such contracts or combinations derive their character as restraining trade from other features than the suppression of competition alone."

But, as has so often happened, the vindication of the opinion of the majority is found in the common law.

The extreme of the evil that the law strikes at is reached in monopoly, "sole sale;" that is, an extermination of competition. Suppression of competition is


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Author:James Moffatt

Works

 * The Historical New Testament: Being the Literature of the New Testament Arranged in the Order of its Literary Growth and According to the Dates of the Documents, 1901
 * The Golden Book of John Owen: Passages from the Writings of the Rev. John Owen, 1904
 * Literary Illustrations of the Bible: The Book of Ecclesiastes, 1905
 * Literary Illustrations of the Bible: The Gospel of Saint Mark, 1905
 * Literary Illustrations of the Bible: The Epistle to the Romans, 1905
 * Literary Illustrations of the Bible: The Book of Revelation, 1905
 * Literary Illustrations of the Bible: The Gospel of Saint Luke, 1906
 * Literary Illustrations of the Bible: The Books of Judges and Ruth, 1906
 * The Literal Interpretation of the Sermon on the Mount, (with Marcus Dods and James Denney) 1904 (Re-published 2016, CrossReach Publications)
 * Paul and Jesus, 1908
 * George Meredith: Introduction to His Novels, 1909
 * The Life of John Owen, 1910?
 * Paul and Paulinism, 1910
 * The Second Things of Life, 1910
 * The Expositor’s Dictionary of Texts, vol. 1: Genesis to the Gospel of St. Mark, 1910
 * The Expositor’s Dictionary of Texts, vol. 2: The Gospel of St. Luke to Revelation, 1911
 * Reasons and reasons, 1911
 * An Introduction to the Literature of the New Testament, 1911
 * The Theology of the Gospels, 1912
 * The Expositor's Dictionary of Poetical Quotations, 1913
 * The Moffatt Translation of the New Testament, 1913
 * A Book of Biblical Devotions for Members of the Scottish Church, 1919
 * The Approach to the New Testament, 1921
 * The Spiritual Pilgrimage of Jesus, (with James Alex Robertson) 1921
 * Jesus on Love to God, Jesus on Love to Man, 1922
 * The Moffatt Translation of the Old Testament, 1924
 * The Bible in Scots Literature, 1924
 * The Tree of Healing. Short Studies in the Message of the Cross, (With a biographical sketch by James Moffatt) 1925
 * The Presbyterian Churches, 1928
 * Love in the New Testament, 1929
 * The Moffatt New Testament Commentary on the Bible V.1, 1929
 * The Day Before Yesterday, 1930
 * Grace in the New Testament, 1932
 * He and She: A Book of Them, 1933
 * His Gifts & Promises: Being Twenty-Five Reflections and Directions on Phases of our Christian Discipline, From the Inside., 1934
 * Handbook to the Church Hymnary, with Supplement, (with Millar Patrick) 1935
 * The Ideas Behind the Moffatt Bible: Compiled from the Introduction to the Moffatt Bible, 1935
 * The Second Book of He and She: Another Book of Them, 1935
 * An Approach to Ignatius, 1936
 * The First Five Centuries of the Church, 1938
 * Jesus Christ the Same; The Shaffer Lectures for 1940 in the Divinity School of Yale University, 1940
 * The Thrill of Tradition, 1944
 * Concordance of The Moffatt Translation of the Bible, 1949

Translations

 * 2 Maccabees, 1913
 * The Mission and Expansion of Christianity in the First Three Centuries, v. 1–3 by Adolf Harnack. Translated by James Moffatt, 1908

title: Author:James Moffatt


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 the method of accomplishing restraint universally adopted; where it is, therefore, undertaken in unusual ways or great degree, the primary presumptions against all that may restrain still needs to be negatived. In present times, to say that a suppression, an elimination of competition on a great scale, or out of the beaten and ordinary path, would not tend to oppression, would be substantially to reverse the ordinary presumption though that involves no greater hardship than the readiness to display a clean bill of health. "But if there are circumstances recited in the instrument" (or probably if they appear by averment) "it is for the court to determine whether the contract be a fair and reasonable one or not, and the test appears to be whether it is prejudicial or not to the public interest, for it is on grounds of public policy alone that these contracts are supported or avoided.

By the suppression of competition one of these magnificent combinations can, and has, filched millions of money from the people in a single year; and so, when the National police has been stricken down on his beat, is it too exacting to require that it should at least be able to establish that its purpose was not also to rob the house? To make that at least reasonably clear? Can any one say to-day that, as a rule, the stifling of competition on a great scale does not tend to raising prices, restraining trade in most cases? And if so, is the rule or exception to be proved? Is there not in such cases, just as the court has again and again said, "tendency," if not the completed injury? And where is the case that says that the provision of the statute of James as to "tendency" has ceased to be a part of the law?


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 But when so much is said, I feel that it will be ultimately decided that competition has thus served its full purpose; that properly used coöperation is not precluded, nor man's best friend exiled.

If it be asked, "What test must be applied to determine where coöperation may begin and competition be limited?" the answer seems clear.

Prima facie, a stifling of competition on a great scale or in unusual ways imperatively needs explanation; and the one explanation that can be safely accepted is that the greater good, "coöperation," is substituted for it; but substituted "to make," not merely "to take;" to benefit, not injure; to increase production and trade, not to limit either; to profit by more largely supplying, not denying! If that be proved, and so long as it continue, "tendency" is not present, and lawfulness continues, too! That was thought to be the Knight case!

No matter how general the language of the cases, their admitted exceptions are without intelligible explanation if this be not what the courts really mean, the underlying doctrine!

But it again only brings us back to the common law—"the exception is in furtherance of the rule."

And so we are again at our starting place. The court regards substance, not form or nomenclature. That which advances trade, plenty, happiness, is legal; that which limits or tends to limit, unlawful.

"The public have an interest in every one carrying on his trade freely; so has the individual. All interference with individual liberty of action in trading, and all restraints of trade, of themselves, if there is nothing more, are contrary to public policy and therefore void. That is the general rule. But


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 there are exceptions. * * * It is sufficient justification, and indeed it is the only justification, if the restraint is reasonable—reasonable, that is, in reference to the interests of the parties concerned, and reasonable in reference to the interests of the public, so framed and so guarded as to afford adequate protection to the party in whose interest it is imposed, while at the same time it is in no way injurious to the public." That is the latest deliverance of one of the greatest of judges in one of the greatest two courts of the world!

A mere look at the statute books, at the decisions of the courts, at the public press, at political conventions, or any other declarations of public opinion in the last few years, must convince any one that this is not the time to relax the safeguards thrown around society by the presumption of illegality in the absence of adequate explanation, where power and interest so unite that the public may be made to contribute enormous sums to those accomplishing such union.


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There are certain rights which the Constitution of the United States protects from State invasion—they are many;—but a few which it especially cherishes by protecting them from both State and individual invasion. Broadly speaking, general inherent rights are of the former class, while those which originate in the Constitution itself are alone of the latter. I am not attempting to state this with exactness, or that it may be definitely relied upon, but as a view generally and alone for another purpose. Now, while "liberty" is of the former class, liberty to engage in national trade is of the select few in the higher class coming under the direct protection of the national law, no matter by whom invaded.

While the Constitution leaves the great body of liberty to the protection of the States, except where invaded by the States, it also recognizes it as an "inalienable" right, and protects it even from the States themselves. It can, therefore, in no degree be doubted that liberty is a right of every citizen of the United States. But what is liberty? Simply "the power of election or free choice." "In this consists freedom, viz: in our being able to act or not to act as we shall choose or will." As at common law, no invasion of "free discretion," that is, liberty to engage in one's own unsold trade, is ever


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 permitted, so under the national law even a sovereign State cannot burden National trade by withholding any part of the discretion of the owner to engage in it, even in exercise of its vital right of taxation; indeed, "if such a tax can be levied at all, its amount will rest in the discretion of the State. It is idle to say that the interests of the State would prevent oppressive taxation. Those engaged in foreign and interstate commerce are not bound to trust to its moderation in that respect; they require security."

Many and magnificent have been the opinions of the Supreme Court in defence of this right; none finer than those of Justices Harlan, Bradley, Field, and Woods in Butchers vs. Crescent, or of Mr. Justice Peckham in Allgeyer vs. Louisiana.

No one can longer doubt that every citizen acting individually or with others has, as part of his liberty, freedom of choice as to engaging in trade. Indeed, "liberty" has recently been denominated by the Supreme Court itself as "the greatest of all rights."

But, as has been said, the right to engage in national trade emanates from and is protected by the Constitution itself and not from any State's will or grant.

It always must be remembered that it is a right arising under the Constitution itself with all that such right implies—a right that exists and that might


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 have to be considered independently of the Sherman Act. It is manifest, therefore, that where there is a right arising from the invasion of such a right, there must be a remedy, and a remedy entirely independent of the questions of policy involved in merely contractual restraints. Possibly, indeed, independent of the Sherman Act itself. If the doctrine of Ashby vs. White is applicable to the invasion of a nationally granted right, certainly so!

However this may be, a restraint of national trade, by limiting the freedom of choice as to engaging in it, must be an illegal restraint under the Sherman Act, if the restraint be involuntarily suffered.

And so it has always been held!

The subject is so completely covered by Chief Justice Fuller in Loewe vs. Lawlor, that other cases need not be referred to:

"The act prohibits any combination whatever to secure action which essentially obstructs the free flow of commerce between the States, or restricts in that regard the liberty of a trader to engage in business. The combination charged falls within the class of restraints of trade aimed at, compelling third parties and strangers involuntarily not to engage in the course of trade except on conditions that the combination imposes; and there is no doubt that (to quote the well known work of Chief Justice Erle on Trades Unions) 'at common law every person has individually, and the public also has collectively, a right to require that the course


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 of trade should be kept free from unreasonable obstruction.'"

So it may be taken for granted that any one damaged by a conspiracy against the liberty of a citizen or corporation to engage in national trade, must be entitled to an action for that damage. And that it is in its nature simply a case of molestation at common law, involved with none of the intricacies of the subject which is being generally considered.

An important consideration in this connection is that this liberty to engage in national trade is one—perhaps the only form of liberty per se belonging to corporations, and which the States themselves cannot invade. "The power to regulate that" (interstate commerce) * * * "is the power * * * to determine when it shall be free. * * * Nor does it make any difference whether such commerce is carried on by individuals or corporations." As was said in Paul vs. Virginia: "At the time of the formation of the Constitution, a large part of the commerce of the world was carried on by corporations. * * * The grant of power is general in its terms, making no reference to the agencies by which commerce may be carried on. It includes commerce by whomsoever conducted, whether by individuals or corporations."


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This not being a general treatise, but merely a consideration of certain phases, certain difficulties of the subject-matter, little need be said on the subject of damages.

One or two matters, however, may be of interest:

Great discussion has been had as to whether the damage must be to a trader, or to one in the way of his trade, or one in matters involving national trade. This subject seems free from difficulty. We are all citizens of a common country—a wrongful act prohibited, and by proper authority, and damage promised to those who suffer from that act, must be redressed! If there be, for example, a conspiracy against national trade, there can be no reason to doubt that any one injured by anything done as part of or in pursuance of that conspiracy should recover. The act expressly says so! There has been an undoubted wrong, from an assault upon national authority, and a damage from it, and there would seem to be no reason why there should not be a recovery. This question seems settled in Chattanooga vs. Atlanta.

It is, too, often absurdly argued, that if "a means" causing damage is an act within State jurisdiction, the national jurisdiction is ousted by the State's, though the act was done in pursuance of an attack on national trade; but that is practically destroying national authority altogether, as nearly every conceivable wrongful act could be redressed


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 by the State. The Swift and Loewe cases dispose of this. In such cases this added wrong is "negligible."

One other question of great interest yet to be settled is whether the infringement of the constitutional right to pursue happiness through national trade is actionable per se, or requires proof of actual damage?

That, of course, is a mere question of policy, and depends upon the quality and importance of the right. More accurately, of whether there is such a right; for if there is, there must be an action for its invasion.

Professor Bigelow says, in his wonderful little work on "Torts," p. 26: "Speaking broadly, the cases in which it is not necessary to prove special damage in an action for tort are cases in which the act done is manifestly dangerous, so much so that instinct calls at once for redress, and would take it but for the law. Rights of life, liberty, property, and reputation furnish the subjects of such redress."

The Supreme Court has, indeed, itself regarded this right as property: "The fundamental rights to life, liberty and the pursuit of happiness, considered as individual possessions, are secured by those maxims of constitutional law which are the monuments showing the victorious progress of the race in securing to men the blessings of civilization under the reign of just and equal laws. * * * The very idea that one man may be compelled to hold his * * * means of living or any material right essential to the enjoyment of life at the mere will of another, seems to be intolerable in any country where


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 freedom prevails, as being the essence of slavery itself."

In Aikens vs. Wisconsin, Mr. Justice Holmes says: "It is obvious that justifications may vary in extent according to the principle of policy upon which they are founded, as that while some, for instance, at common law, those affecting the use of land, are absolute, others may depend upon the end for which the act is done."

Now, if the slightest invasion of the right to enjoy land, if mere withholding of the right to sit in a chair that one owns but does not intend to use for profit, are actionable per se, what should be, what must be the policy of the law as to the unlawful interference with the highest instance of the highest form of one of the few rights granted by the national Constitution itself? The right of freedom, of election, or enjoyment of untrammeled participation in national trade?

It does seem that when the national government itself grants a right and undertakes its protection against both States and people, takes its sole protection upon itself, and declares it of the highest importance, it should warrant at least as high a sanction of policy as the right to sit in a chair from which nothing but mere comfort is intended or expected. In re Debs, illustrates how determined the Supreme Court has been to safeguard this right! But the analogies, if not the absolute decisions, seem to cover this question. Indeed, it has been long settled that the


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 dignity of the sovereignty prevents it admitting that its grants are so valueless that they can be invaded without reparation in every case. "Generally speaking, every willful interference with a franchise is actionable without regard to the defendant's act being done in good faith by reason of a mistaken notion of duty or claim of right, or being consciously wrongful.  'If a man hath a franchise and is hindered in the enjoyment thereof an action doth lie, which is an action upon the case. Holt, C. J."

But that liberty itself, especially that emanating from the sovereign, is put upon still higher grounds, is clear.

The opinion of Lord Camden—a landmark in the history of our liberty—in 1763, in Huckle vs. Money, is instructive! And this is followed in Scott vs. Donald, which, if rightly comprehended, covers the exact point now being discussed.

There the officers of the State of South Carolina had interfered with this exact right, or liberty, and had withheld a few dollars' worth of liquors being obtained through interstate trade. Action was brought for this invasion of the nationally granted right, and six thousand dollars of damages claimed; but as the liquors detained were of so little value, the question of jurisdiction was raised, because the amount in controversy did not reach two thousand dollars, as required by the Act, but the Supreme Court said: "The intentional, malicious, and repeated interference by the defendants with the exercise of personal rights and privileges secured to the plaintiff by the


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Page:Elements of the Differential and Integral Calculus - Granville - Revised.djvu/34

10 6. If $$\scriptstyle{f(m_1)=\frac{m_1-1}{m_1+1}}$$, show that

7. If $$\scriptstyle{\phi(x)=a^x}$$, show that $$\scriptstyle{\phi(y)\cdot\phi(z)=\phi(y+z)}$$.

8. Given $$\scriptstyle{\phi(x)=\log\frac{1-x}{1+x}}$$; show that

9. If $$\scriptstyle{f(\phi)=\cos\phi}$$, show that

10. If $$\scriptstyle{F(\theta)=\tan\theta}$$, show that

11. Given $$\scriptstyle{\psi(x)=x^{2n}+x^{2m}+1}$$; show that

12. If $\scriptstyle{f(x)=\frac{2x-3}{x+7}}$, find $\scriptstyle{f(\sqrt{2})}$.| |Ans. $\scriptstyle{-.0204}$.|undefined