text:
Page:Democratic Ideals and Reality (1919).djvu/95

Rh the southern point of India, and then seven thousand miles of sea to the Antarctic cap of ice-clad land. But measured along the meridian of the Bay of Bengal or of the Arabian Sea, Asia is only some three thousand five hundred miles across. From Paris to Vladivostok is six thousand miles, and from Paris to the Cape of Good Hope is a similar distance; but these measurements are on a Globe twenty-six thousand miles round. Were it not for the ice impediment to its circumnavigation, practical seamen would long ago have spoken of the Great Island by some such name, for it is only a little more than one-fifth as large as their ocean.

The World-Island ends in points north-eastward and south-eastward. On a clear day you can see from the north-eastern headland across Behring Strait to the beginning of the long pair of peninsulas, each measuring about one twenty-sixth of the Globe, which we call the Americas. Superficially there is no doubt a certain resemblance of symmetry in the Old and New Worlds; each consists of two peninsulas, Africa and Euro-Asia in the one case, and North and South America in the other. But there is no real likeness between them. The northern and north-eastern shores of Africa for nearly four


text:
Page:Democratic Ideals and Reality (1919).djvu/96

84 miles are so intimately related with the opposite shores of Europe and Asia that the Sahara constitutes a far more effective break in social continuity than does the Mediterranean. In the days of air navigation which are coming, sea-power will use the water-way of the Mediterranean and Red Seas only by the sufferance of land-power, for air-power is chiefly an arm of land-power, a new amphibious cavalry,, when the contest with sea-power is in question.

But North and South America, slenderly connected at Panama, are for practical purposes insular rather than peninsular in regard to one another. South America lies not merely to south, but also in the main to east of North America; the two lands are in echelon, as soldiers would say, and thus the broad ocean encircles South America, except for a minute proportion of its outline. A like fact is true of North America with reference to Asia, for it stretches out into the ocean from Behring Strait so that, as may be seen upon a globe, the shortest way from Pekin to New York is across Behring Strait, a circumstance which may some day have importance for the traveller by railway or air. The third of the new continents, Australia, lies a thousand miles from the south-eastern

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


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/87

Rh EPISTLE TO AUGUSTA.

I.

Sister! my sweet Sister! if a name

Dearer and purer were, it should be thine.

Mountains and seas divide us, but I claim

No tears, but tenderness to answer mine:

Go where I will, to me thou art the same—

A loved regret which I would not resign.

There yet are two things in my destiny,—

II.

The first were nothing—had I still the last,

It were the haven of my happiness;

But other claims and other ties thou hast,

And mine is not the wish to make them less.

A strange doom is thy father's son's, and past

Recalling, as it lies beyond redress;

Reversed for him our grandsire's fate of yore,—


text:
Page:Democratic Ideals and Reality (1919).djvu/97

Rh point of Asia, and measures only one sixty-fifth of the surface of the Globe.

Thus the three so-called new continents are in point of area merely satellites of the old continent. There is one ocean covering nine-twelfths of the Globe; there is one continent—the World-Island—covering two-twelfths of the Globe; and there are many smaller islands, whereof North America and South America are for effective purposes two, which together cover the remaining one-twelfth. The term 'New World' implies, now that we can see the Realities and not merely historic appearances, a wrong perspective.

The truth, seen with a broad vision, is that in the great World-Promontory, extending southward to the Cape of Good Hope, and in the North American sea-base we have, on a vast scale, yet a third contrast of peninsula and island to be set beside the Greek peninsula and the island of Crete, and the Latin Peninsula and the British Island. But there is this vital difference, that the World-Promontory, when united by modern overland communications, is in fact the World-Island, possessed potentially of the advantages both of insularity and of incomparably great resources.

Leading Americans have for some time


text:
Page:Democratic Ideals and Reality (1919).djvu/98

 Democratic Ideals and Reality, 1919 Fig 12 p 86.jpg —These circles represent the relative area of the World-Island and its satellites.


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/88

58 III.

If my inheritance of storms hath been

In other elements, and on the rocks

Of perils, overlooked or unforeseen,

I have sustained my share of worldly shocks,

The fault was mine; nor do I seek to screen

My errors with defensive paradox;

I have been cunning in mine overthrow,

IV.

Mine were my faults, and mine be their reward.

My whole life was a contest, since the day

That gave me being, gave me that which marred

The gift,—a fate, or will, that walked astray;

And I at times have found the struggle hard,

And thought of shaking off my bonds of clay:

But now I fain would for a time survive,

V.

Kingdoms and Empires in my little day

I have outlived, and yet I am not old;

And when I look on this, the petty spray

Of my own years of trouble, which have rolled

Like a wild bay of breakers, melts away:

Something—I know not what—does still uphold


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/89

Rh A spirit of slight patience;—not in vain,

Even for its own sake, do we purchase Pain.

VI.

Perhaps the workings of defiance stir

Within me—or, peihaps, a cold despair

Brought on when ills habitually recur,—

Perhaps a kinder clime, or purer air,

(For even to this may change of soul refer,

And with light armour we may learn to bear,)

Have taught me a strange quiet, which was not

The chief companion of a calmer lot.

VII.

I feel almost at times as I have felt

In happy childhood; trees, and flowers, and brooks,

Which do remember me of where I dwelt,

Ere my young mind was sacrificed to books,

Come as of yore upon me, and can melt

My heart with recognition of their looks;

And even at moments I could think I see

Some living thing to love—but none like thee.

VIII.

Here are the Alpine landscapes which create

A fund for contemplation;—to admire

Is a brief feeling of a trivial date;

But something worthier do such scenes inspire:

Here to be lonely is not desolate,

For much I view which I could most desire,


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/90

60 And, above all, a Lake I can behold

IX.

Oh that thou wert but with me!—but I grow

The fool of my own wishes, and forget

The solitude which I have vaunted so

Has lost its praise in this but one regret;

There may be others which I less may show;—

I am not of the plaintive mood, and yet

I feel an ebb in my philosophy,

X.

I did remind thee of our own dear Lake,

By the old Hall which may be mine no more.

Leman's is fair; but think not I forsake

The sweet remembrance of a dearer shore:

Sad havoc Time must with my memory make,

Ere that or thou can fade these eyes before;

Though, like all things which I have loved, they are

XI.

The world is all before me; I but ask

Of Nature that with which she will comply—

It is but in her Summer's sun to bask,

To mingle with the quiet of her sky,

To see her gentle face without a mask,

And never gaze on it with apathy.

She was my early friend, and now shall be

XII.

I can reduce all feelings but this one;

And that I would not;—for at length I see


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/91

Rh Such scenes as those wherein my life begun—

The earliest—even the only paths for me—

Had I but sooner learnt the crowd to shun,

I had been better than I now can be;

The Passions which have torn me would have slept;

XIII.

With false Ambition what had I to do?

Little with Love, and least of all with Fame;

And yet they came unsought, and with me grew,

And made me all which they can make—a Name.

Yet this was not the end I did pursue;

Surely I once beheld a nobler aim.

But all is over—I am one the more

XIV.

And for the future, this world's future may

From me demand but little of my care;

I have outlived myself by many a day;

Having survived so many things that were;

My years have been no slumber, but the prey

Of ceaseless vigils; for I had the share


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/92

63 Of life which might have filled a century,

XV.

And for the remnant which may be to come

I am content; and for the past I feel

Not thankless,—for within the crowded sum

Of struggles, Happiness at times would steal,

And for the present, I would not benumb

My feelings farther.—Nor shall I conceal

That with all this I still can look around,

XVI.

For thee, my own sweet sister, in thy heart

I know myself secure, as thou in mine;

We were and are—I am, even as thou art—

Beings who ne'er each other can resign;

It is the same, together or apart,

From Life's commencement to its slow decline

We are entwined—let Death come slow or fast,

[First published, Letters and Journals, 1830, ii. 38-41.]


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/93

Rh LINES ON HEARING THAT LADY BYRON WAS ILL.

thou wert sad—yet I was not with thee;

And thou wert sick, and yet I was not near;

Methought that Joy and Health alone could be

Where I was not—and pain and sorrow here!

And is it thus?—it is as I foretold,

And shall be more so; for the mind recoils

Upon itself, and the wrecked heart lies cold,

While Heaviness collects the shattered spoils.

It is not in the storm nor in the strife

We fed benumbed, and wish to be no more,

But in the after-silence on the shore,

When all is lost, except a little life.

I am too well avenged!—but 'twas my right;

Whate'er my sins might be, thou wert not sent

To be the Nemesis who should requite—

Nor did Heaven choose so near an instrument


text:
Page:VCH Buckinghamshire 1.djvu/349

Rh in the parish of Long Crendon : Chearsley and Lower Winchendon ; in the parish of Chilton : Dorton ; in the parish of Newport Pagnel : Little Linford ; in the parish of Eton : Wexham ; in the parish of Datchet : Fulmer ; in the parish of Stewkley : Litcote ; in the parish of Radclive : St. Michael's Radclive ; in the parish of Biddlesden : St. Margaret's Biddlesden ; in the parish of North Crawley : Little Crawley ; in the parish of Eton : Cippenham ; in the parish of Weston Turville : Lee and Brondes ; in the parish of Mursley: Salden ; in the parish of Hanslope : Castle Thorpe ; and in the parish of Aston Clinton : St. Leonard's, Aston.

St. Werburga's Chapel or Hermitage at Brill, the Chapel of SS. Stephen and Laurence at Chetwode, and the Chapels of Tattenhoe, Hedgerley, Petsoe and Okeney were free or independent as far back as they can be traced. This makes a total of thirty-three certainly in existence before 1291 ; but this probably falls far short of the full number, and some of those which are first mentioned in the fourteenth century may have been built and used much earlier. The twelfth and thirteenth centuries were an age of strange con- trasts ; of extraordinary generosity and reverence towards the Church, and of equally extraordinary violence and irreverence. There are a great many instances of personal violence towards the clergy and sacri-

title: Page:VCH Buckinghamshire 1.djvu/349


text:
Page:VCH Buckinghamshire 1.djvu/350

Rh legious intrusion into churches at the end of the thirteenth century. The same bishop (Oliver Button) who in one year (1292) sent out through the archdeacon of Buckingham his blessing on all who should assist the friars preaching the Crusade in that county, had to excommunicate a little later those men who had assaulted and robbed the rector of Oakley in his own manse, and another party of marauders who entered the church of Wingrave by night, broke down the altars and images of the Saints, and beat the clerks and laymen who opposed them. There are instances also in this county of another form of activity with which mediaeval bishops are not usually credited, namely, the repression of superstitious and unauthorized devotions. St. Hugh is said to have waged war against the old popular well-worship which lingered on in the less civilized parts of the country, at High Wycombe and other places. The same superstition, under a Christian disguise, was censured in the thirteenth century by Oliver Sutton. In 1299 he wrote to the archdeacon of Buckingham that he had heard how pilgrimages were being made to a well in a field at Linslade, where it was pretended that miracles were wrought ; the vicar, who had encouraged these practices for the sake of the offerings they brought to his church, was to be cited to appear at once before his bishop. A little while before this, a man- date had been sent to the Dean of Newport Pagnel to forbid the ' superstitious vanities ' which drew people to the church of North Crawley, on pain of excommunication. We do not know what attitude was taken by the bishop towards a certain rector in Buckinghamshire who afterwards became very widely known in England, and was even venerated as a saint the famous ' Master John Schorne,' rector of North Marston from about 1290 to 1314. Very little indeed is known of his actual career ; he is said to have been rector of Monks' Risborough before he came to North Marston, and it seems probable that he acted for a short time as official to the Italian archdeacon of Buckingham, Percival de Lavannia. It was certainly at North Marston that he gained his reputation for sanctity ; it was there that he struck his staff into the ground, and produced a well which until quite recently was called by his name ; and the register

title: Page:VCH Buckinghamshire 1.djvu/350


text:
Page:VCH Buckinghamshire 1.djvu/351

Rh of Bishop Dalderby records his; death there in March 1314. It is impossible now to say what was the origin of the legend that he once ' conjured the devil into a boot ' ; and yet a great part of his fame rests upon this curious exploit, and in every extant representation of him he stands with a boot in one hand, from which the fiend emerges, while his other hand gives the blessing which prevents the escape of his captive. He was never formally canonized ; but a shrine was erected over his tomb, and his fame spread rapidly all over the midlands. It seems well to anticipate a little at this point and to complete this notice of him by adding that his shrine was afterwards removed to St. George's Chapel at Windsor, ) when the church of North Marston was transferred to the patronage of the dean and canons there ; but an image was set up in its place, and was the object of constant pilgrimage (being ' moch sowght for the agow,' as Foxe and Dr. London testified) until the Reformation.

It was during the lifetime of Master John Schorne, namely in 1291, that the 'Taxation of Pope Nicholas IV.' was compiled a record of great interest for this county and all England, as it gives a fairly complete account of the value of church property, spiritual and temporal, at this time. In the archdeaconry of Buckingham, divided into eight rural deaneries, are given the names of 170 churches, and the total value of the property of the Church is placed at £2,338 8s. 8d. in spiritualities and £602 8s. in temporalities. As in the case of other archdeaconries, these figures are found to be somewhat inaccurate. Eighteen churches are altogether omitted, and no account is taken of the priories of Chetwode and Ivinghoe. There were few benefices of

title: Page:VCH Buckinghamshire 1.djvu/351


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/94

64 Mercy is for the merciful!—if thou

Hast been of such, 'twill be accorded now.

Thy nights are banished from the realms of sleep:—

Yes! they may flatter thee, but thou shalt feel

A hollow agony which will not heal,

For thou art pillowed on a curse too deep;

Thou hast sown in my sorrow, and must reap

The bitter harvest in a woe as real!

I have had many foes, but none like thee;

For 'gainst the rest myself I could defend,

And be avenged, or turn them into friend;

But thou in safe implacability

Hadst nought to dread—in thy own weakness shielded,

And in my love, which hath but too much yielded,

And spared, for thy sake, some I should not spare;

And thus upon the world—trust in thy truth,

And the wild fame of my ungoverned youth—

On things that were not, and on things that are—

Even upon such a basis hast thou built

A monument, whose cement hath been guilt!

The moral Clytemnestra of thy lord,

And hewed down, with an unsuspected sword,

Fame, peace, and hope—and all the better life

Which, but for this cold treason of thy heart,

Might still have risen from out the grave of strife,

And found a nobler duty than to part.

But of thy virtues didst thou make a vice,

Trafficking with them in a purpose cold,


text:
Page:VCH Buckinghamshire 1.djvu/352

Rh great value connected with this county, if we except the two prebends of Aylesbury, worth £133 6s. 8d., and Sutton-cum-Buckingham, worth £173 6s. 8d. : of the rest, only one-third amounted to more than £10 in the year and among these only twenty-eight to £20 or more, while Hanslope stands in solitary eminence at £40. The greater number averaged about £7, and eight were under £5 a year.

The archdeaconry had had a separate existence since the time of Bishop Remy ; but little is known of the early archdeacons except their names. Henry of Huntingdon could remember five : Alured, the first ; Gilbert, distinguished as a graceful writer both in prose and verse ; Roger, who afterwards became bishop of Chester ; Richard, and David, brother of Alexander, bishop of Lincoln. David's name is fre- quently found in the monastic chartularies, witnessing deeds and con- firming grants of churches during the long vacancy of the see of Lincoln which followed the death of Robert de Chesney. Matthew de Stratton held the office of archdeacon for a long time, nearly fifty years, at the beginning of the thirteenth century, together with the prebend of Sutton-cum-Buckingham : he was engaged in more than one suit about the benefices which he held, and seems once to have wounded the feelings of Bishop Grossetete by refusing to accept his arbitration. A chantry endowed by him in the chapel of St. John Baptist at Buck- ingham was still called by his name at the beginning of the reign of Edward VI. The chronicler of Osney Priory says that he governed the archdeaconry in a strenuous and praiseworthy manner. Happening to die at Rome, he was succeeded by a series of foreigners by papal pro- vision : Percy de Lavannia, who was archdeacon for nearly thirty years but scarcely ever in England ; Boniface de Saluzzo, a young Italian nobleman, who while he was only subdeacon and under twenty years of age had been dispensed to hold a papal chaplaincy, a canonry of Lincoln and the rectories of four churches ; George de Saluzzo, whose movements were so little known in England that even the king, his kinsman, in 1322 believed him to be dead and collated somebody else to his archdeaconry ; and Anibaldus, papal nuncio and bishop of Tusculum, who was archdeacon not only of Buckingham but of Not- tingham until his death in 1351, holding also canonries and prebends of Lincoln, Chichester and York, the rectories of Maidstone and East

title: Page:VCH Buckinghamshire 1.djvu/352


text:
Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 4.djvu/95

Rh For present anger, and for future gold—

And buying others' grief at any price.

And thus once entered into crooked ways,

The early truth, which was thy proper praise,

Did not still walk beside thee—but at times,

And with a breast unknowing its own crimes,

Deceit, averments incompatible,

Equivocations, and the thoughts which dwell

In Janus-spirits—the significant eye

Which learns to lie with silence—the pretext

Of prudence, with advantages annexed—

The acquiescence in all things which tend,

No matter how, to the desired end—

All found a place in thy philosophy.

The means were worthy, and the end is won—

I would not do by thee as thou hast done! September, 1816. [First published, New Monthly Magazine, August, 1832, vol. xxxv. pp. 142, 143.]


text:
Page:VCH Buckinghamshire 1.djvu/353

Rh Grinstead, as well as other benefices out of England. It may be that the officials who did the work of these archdeacons were quite con- scientious and efficient, even as the vicars who supplied the places of absentee rectors often proved to be faithful and devoted pastors ; but at the best it must have been an unsatisfactory state of affairs.

The Great Pestilence fell heavily upon all the Midland counties, and Buckinghamshire had to bear its full share of the burden of sorrow and suffering it brought with it. In the month of May 1349 the Episcopal Registers record four deaths amongst the clergy of the arch- deaconry : the numbers increase steadily through the summer months and rise to a total of seventy-seven in the year. Some of these may have died from other causes than the plague ; on the other hand, some names may well have been omitted in the distress and difficulty of the time ; so that the number of actual victims of the pestilence cannot be exactly given. The accounts given by Matthew Paris and others lead us to suppose that the religious houses suffered severely at this time ; the prior of Bradwell and Luffield and the prioress of Ankerwyke in this county died during the summer of 1 349, and we may well believe that some of their subjects perished with them, though it is impossible to say how many.

As the violence of the pestilence abated, the first outward signs were seen of that great religious upheaval which, beginning from Oxford under the leadership of Wiclif, spread gradually along the northern shores of the Lower Thames, and produced indeed its most lasting as well as its most immediate effects in the Eastern Midlands. It is very improbable that Wiclif himself had any personal influence in Buckinghamshire while he was rector of Ludgershall, from 1368 to 1374. His connexion with this county belongs to the earlier part of his career, when he did not disdain to be reckoned amongst absentee rectors, nor yet to seek and obtain a papal dispensation to hold his church in plurality with an expected canonry and prebend of Lincoln, and the prebend of Aust in Westbury. He exchanged Ludgershall for Lutterworth in 1374, while he was still at Oxford, and may never have been in Buckinghamshire at all. But the opinions rightly and wrongly connected with his name clung with peculiar pertinacity to this part of England, as will be seen in the course of its history. A member of a well known Buckinghamshire family, Sir John Cheyne, was in 1397 condemned to suffer the death of a traitor with Sir John Oldcastle, the Lollard chief, but at this time they were both pardoned at the intercession of the Lords, and their sentence was com- muted to perpetual imprisonment. That branch of the Cheyne family which was settled at Chesham Bois was associated with the Lollards

title: Page:VCH Buckinghamshire 1.djvu/353


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 4/A Fragment


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 4/Sonnet to Lake Leman


text:
Page:VCH Buckinghamshire 1.djvu/354

Rh for some time after this, and it is evident that they aimed at presenting to the livings in their gift priests of the same school of thought. Thus we find Thomas Drayton, rector of Drayton Beauchamp, in a list of exceptions to the general pardon issued to Lollards in the Tower of London in March 1414, as well as Thomas Cheyne, younger son of Roger Cheyne ; John Agret, parson of Latimer, is mentioned in another list of twenty-four pardons of the same year, as well as three tradesmen of Little Missenden and High Wycombe. A few months later twelve more pardons include the names of two Buckinghamshire men, from Amersham and High Wycombe, who, like those just men- tioned, had been arrested at the great gathering of Lollards in St. Giles' Fields in January 1414. Some of their friends were less fortunate : there is a notice on the Patent Roll of this year of the execution of three men from Amersham and one from Little Missenden, whose widows were to receive some allowance from the King's bounty. It is of some interest to note the names of these towns : Amersham, High Wycombe, Chesham, and Little Missenden were gathering places a century later for those holding heretical views, and for some of their lineal descendants later still.

With the exception of the Cheynes and the priests above mentioned, most of the Buckinghamshire Lollards of this period seem to have been tradesmen. Two more priests, however, were summoned before the Convocation of 1428 on a charge of heresy, and were induced to abjure their errors. Robert, rector of Hedgerley, was found to be unsound in his views as to the Holy Eucharist, though he denied all the other points brought against him : he finally abjured before his own diocesan. Richard Monk, vicar of Chesham, who had already been convented before the bishop of Lincoln on the same charge, now abjured, and promised on the holy gospels that he would preach no more heresy ; but there is reason to believe that he did not keep this promise.

Meanwhile, in spite of the undercurrent of Lollard sympathies, the ordinary course of church life went on as usual. In the fourteenth century here, as elsewhere, monastic churches were rebuilt and beauti- fied, chapels were erected where they were not needed, chantries were endowed and vicarages ordained. Four churches were appropriated to religious houses during the fourteenth century, four more in the fifteenth, and two even in the sixteenth century. Others, still con- tinuing appropriate, changed hands. Thus Edlesborough passed from

title: Page:VCH Buckinghamshire 1.djvu/354


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 4/Stanzas to Augusta


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 4/Epistle to Augusta


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 4/Lines on hearing that Lady Byron was Ill


text:
Portal:Westminster Assembly

Works

 * The Directory for the Publick Worship of God
 * The Form of Presbyterial Church Government
 * Westminster Confession of Faith
 * Westminster Larger Catechism
 * Westminster Shorter Catechism

Works about

 * A Short and Easie Catechism, Wherein the More Difficult Terms in the Assemblie's Shorter Catechism are Opened and Explained

title: Portal:Westminster Assembly


text:
Category:Westminster Standards

The Westminster Standards is a collective name for the documents drawn up by the Westminster Assembly (1643–49).

title: Category:Westminster Standards


text: Dictionary of National Biography, 1901 supplement/Le Keux, John Henry


text:
Page:EB1911 - Volume 02.djvu/381

 did not legally belong to the house of Habsburg until 1453, when Duke Ernest’s son, the emperor Frederick III. (Frederick V., duke of Styria and Carinthia, 1424–1493, of Austria, 1463–1493), confirmed the privilegium maius and conferred the title of archduke of Austria on his son Maximilian and his heirs. The title archduke (or archduchess) is now borne by all members of the Austrian imperial house.

See John Selden, Titles of Honor (1672); Antonius Matthaeus, De nobilititate, de principibus, deducibus, &c., libri quatuor (Amsterdam and Leiden, 1696, lib. i. cap. 6); Pfeffel, Abrégé chronologique de l’hist, el du droit public d’Allemagne (Paris, 1766); Brinckmeier, Glossarium diplomaticum, &c. (1850–1863, 2 vols.); J. F. Joachim, “Abhandlung von dem Titel ‘Erzherzog,’ welchen das Haus Oesterreich führt.” in Prüfende Gesellschaft zu Halle, 7; F. Wachter, art. “Erzherzog,” in ''Allgem. Encykl. der Wissenschaften u. Künste (1842, pub. by Ersch and Gruber); A. Huber, Ueber die Entstehungszeit der oesterreichischen Freiheitsbriefe (Vienna, 1860); W. Erben, Das Privilegium Friedrichs I. für das Herzogtum Österreich'' (Vienna, 1902).

ARCHEAN SYSTEM (from , beginning), in geology. Below the lowest distinctly fossiliferous strata, that is, below those Cambrian rocks which bear the Olenellus fauna, there lies a great mass of stratified, metamorphic and igneous rock, to which the non-committal epithet “pre-Cambrian” is often applied; and indeed in not a few instances this general term is sufficiently precise for the present state of our knowledge. Nevertheless there are large tracts, both in the Old World and in the New, in which a subdivision of this assemblage of ancient rocks is not only possible but desirable. It is quite clear in certain regions that there is a lowermost group with a prevailing granitoid, gneissic and schistose facies, mainly of igneous origin, above which there are one or several groups bearing a distinctly sedimentary aspect. It is to this lowermost gneissic group that the term “Archean” may be conveniently limited.

Thus, while the name “pre-Cambrian” may be used to indicate all these very old rocks whenever there is still any difficulty in subdividing them further, it is an advantage to have a special appellation for the oldest group where this can be distinguished.

It must be pointed out that the term “Archean” has been used as a synonym for pre-Cambrian; and that the expressions Azoic (from -, privative; , life), Eozoic (from  , dawn), and Fundamental Complex, have been employed in somewhat the same sense. Archeozoic has been proposed by American writers to apply to the lowest pre-Cambrian rocks with the same significance as “Archean” in the restricted sense employed here; but it is perhaps safer to avoid any reference to the supposed stage of life development where all direct evidence is non-existent. The so-called “Azoic” rocks have already been made to yield evidence of life, and there is no reason to presuppose the impossibility of finding other records of still earlier organisms.

The prevailing rocks of the Archean system are igneous, with metamorphosed varieties of the same; sedimentary rocks, distinctly recognizable as such, are scarce, though highly metamorphosed rocks supposed to be sediments, in some regions, take an important place.

There are several features which are peculiarly characteristic of the Archean rocks:—(1) the extraordinary complexity of the assemblage of igneous materials; (2) the extreme metamorphism and deformation which nearly all the rocks have suffered; and (3) the inextricable intermixture of igneous rocks with those for which a sedimentary origin is postulated. Wherever the Archean rocks have been closely examined two great groups of rocks are distinguishable, an older, schistose group and a younger, granitoid and gneissic group. For many years the latter was supposed to be the older, hence the epithets “primitive” or “fundamental” were applied to it. Now, however, it has been shown, both in Europe and in North America, that in certain regions a schistose series is penetrated by a gneissose series and when this occurs the schists must be the older. But bearing in mind the difficulties of interpretation, it is not at all unreasonable to assume that there may yet be regions where the gneissose rocks are the oldest; for where no schistose series is present there may be no criterion for estimating the age of the granites and gneisses. The exceedingly great difficulties which lie in the way of every attempt to unravel the history of an Archean rock-complex cannot be too forcibly emphasized; for to be able to demonstrate the order of events and succession of rocks we should at least know whether we are dealing with sediments, flows of volcanic material, or intrusions, yet in many instances this cannot be done. In some areas the gradual passage of highly foliated and metamorphosed schists may be traced into comparatively unaltered arkoses, greywackes, conglomerates; or into volcanic lava-flows, pyro-clastic rocks or dikes; or again through a gneissose rock into a granite or a gabbro; but the districts wherein these relationships have been thoroughly worked out are very few.

This much may be said, that where the Archean system has been most carefully studied, there appears to be (1) a schistose series, of itself by no means simple but containing the foliated equivalents of sedimentary and igneous rocks; into this series a gneissose group (2) has been intruded in the form of batholites, great sheets and sills with accompanying intrusional prolongations into the schists; subsequently, into the gneisses and schists, after they had been further deformed, sheared and foliated, another set (3) of dikes or thin sheet-like intrusions penetrated. All this, namely, the formation of sediments, the outpouring of volcanic rocks, their repeated deformation by powerful dynamic agencies and then their penetration by dikes and sheets had been completed and erosion had been at work upon the hardened and exposed rocks, before the earliest pre-Cambrian sediment was deposited.

There has been much premature speculation as to the nature and origin of these very ancient rocks. The prevalence of regular foliation with layers of different mineral composition, producing a close resemblance to bedding, has led some to imagine that the gneisses and schists were themselves the product of the primeval oceans, a supposition that is no longer worthy of further discussion. Others have supposed that the gneisses were largely produced by the resorption and fusion of older sediments in the molten interior of the earth; there is no evidence that this has taken place upon an extended scale, though there is reason to believe that something of this kind has happened in places, and there is in the hypothesis nothing radically untenable. In one way the sedimentary schists have undoubtedly been incorporated within the gneissose mass, namely, by the extremely thorough and intimate penetration of the former by the latter along planes of foliation; and when a complex mass such as this has been further sheared and metamorphosed, a uniform gneiss appears to result from the intermixture.

A not uncommon cause of the apparently bedded arrangement of layers of different mineralogical composition may be traced to the original differentiation of the granitoid magma into different mineral-sheets. When these mineralogically

title: Page:EB1911 - Volume 02.djvu/381


text: Dictionary of National Biography, 1901 supplement/Lenihan, Maurice


text: Dictionary of National Biography, 1901 supplement/Lennox, Wilbraham Oates


text: Dictionary of National Biography, 1901 supplement/Leslie, Frederick


text: Dictionary of National Biography, 1885-1900/Matcham, George


text: Dictionary of National Biography, 1885-1900/Mather, Increase


text: Dictionary of National Biography, 1885-1900/Mather, Nathanael


text: Dictionary of National Biography, 1885-1900/Mather, Richard


text: Dictionary of National Biography, 1885-1900/Mather, Robert Cotton


text: Dictionary of National Biography, 1885-1900/Mather, Samuel


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


text: Dictionary of National Biography, 1885-1900/Mathew, Theobald


text: Dictionary of National Biography, 1885-1900/Mathews, Charles (1776-1835)


text: Dictionary of National Biography, 1885-1900/Mathews, Charles James


text: Dictionary of National Biography, 1885-1900/Mathews, Lucia Elizabeth


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


text: Dictionary of National Biography, 1885-1900/Mathias, Benjamin Williams


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


text: Dictionary of National Biography, 1885-1900/Matilda (d.1083)


text: Dictionary of National Biography, 1885-1900/Matilda (1080-1118)


text: Dictionary of National Biography, 1885-1900/Matilda of Boulogne


text: Dictionary of National Biography, 1885-1900/Matilda (1102-1167)


text: Dictionary of National Biography, 1901 supplement/Liddell, Henry George


text: Dictionary of National Biography, 1901 supplement/Lilford, 4th Baron


text: Dictionary of National Biography, 1901 supplement/Lindley, William


text: Popular Science Monthly/Volume 56/March 1900/The Transplantation of a Race


text: Popular Science Monthly/Volume 56/March 1900/Modern City Roadways


text: Dictionary of National Biography, 1901 supplement/Lindsay, Colin (1819-1892)


text: Popular Science Monthly/Volume 56/March 1900/Typical Criminals


text: Popular Science Monthly/Volume 56/March 1900/A Century of Geology II


text: Popular Science Monthly/Volume 56/March 1900/Salamanders and Salamander Cats


text: Dictionary of National Biography, 1901 supplement/Lindsay, James Bowman


text: Popular Science Monthly/Volume 56/March 1900/What Makes the Trolley Car Go III


text: Popular Science Monthly/Volume 56/March 1900/A Survival of Medieval Credulity I


text: Popular Science Monthly/Volume 56/March 1900/Ribbon Lightning


text: Dictionary of National Biography, 1901 supplement/Linton, Eliza Lynn


text: Popular Science Monthly/Volume 56/March 1900/Cross-Education


text: Dictionary of National Biography, 1901 supplement/Linton, William James


text:
Page:The Amazing Emperor Heliogabalus.djvu/277

 permit of so many weddings and divorces; while the Emperor's inclination, continually veering back to Aquilia, would not have let him try so many others. Dion tells us that Antonine remarried this Vestal before the last and fatal plot was set on foot; a statement which is corroborated by certain Alexandrian coins struck after 29th August 221. It was a proceeding, as far as we can judge, more mad than his first mistake. Admitting that Antonine knew that his first error, in taking the nun to wife, had angered the people, it is impossible for us to imagine why he took her again, thus once more upsetting the city. It was the most unaccountable blunder, and one which would finally alienate those whom he had so lately tried to propitiate. There may have been goodness in the act, kindness towards the woman, who had given up so much for his sake. There is goodness everywhere, often the basis of evil is in that virtue; certainly much madness may be traced to it.

In reading the account of this epoch, one feels as though one were assisting at the spectacle of a gigantic asylum where the inmates were omnipotent. From this disease of madness Rome might have recovered, had not her delirium, which was fine, turned to softening of the brain. Until a century later, there was hope, because the guilt was conscious; it was only when guilt became ignorance, that Rome disappeared.


text: Popular Science Monthly/Volume 56/March 1900/The Morbid Sense of Injury


text: Popular Science Monthly/Volume 56/March 1900/Early Experiments in Air Flight


text:
Page:EB1911 - Volume 02.djvu/382

 different layers were forced into other rocks, sometimes before the complete consolidation of the former and sometimes subsequent to it, in the generally metamorphosed condition of the whole, it is easy to see a superficial resemblance to bedding.

The Archean rocks have frequently been spoken of as the original crust of the earth; but even granting a cooling molten globe with a first-formed stony surface, it is tolerably clear that such a crust has nowhere yet been found, nor is it ever likely to be discovered. The very earliest recognizable sediments are the result of the destruction of still earlier exposures of rock; the oldest known volcanic rocks were poured upon a surface we can no longer distinguish, and as for the great granitoid masses, they could only have been formed under the pressure of superincumbent masses of material. The earliest known sediments must have been deep in the zones of shearing and rock flowage before the first pre-Cambrian denudation. The time required for these changes is difficult to conceive.

As regards the life of the Archean, or, as some call it, the “Archeozoic” period, we know nothing. The presence of carbonaceous shale and graphitic schists as well as of the altered sedimentary iron ores has been taken as indicative of vegetable life. Similarly, the occurrence of limestones suggests the existence of organic activity, but direct evidence is wanting. Much interest naturally attaches to this remote period, and when Sir William E. Logan in 1854 found the foraminifera-like Eozoon Canadense, high hopes of further discoveries were entertained, but the inorganic nature of this structure has since been clearly proved.

Distribution.—It is generally assumed that the Archean rocks underlie all the younger formations over the whole globe, and presumably this is the only system that does so. Naturally, the area of its outcrop is limited, for, directly or indirectly, all the younger rock groups must rest upon it.

It has been estimated that Archean rocks appear at the surface over one-fifth of the land area (omitting coverings of superficial drifts). This estimate is no more than the roughest approximation, and is liable at any time to revision as our knowledge of little-known regions is increased. It must ever be borne in mind that the presence of a gneissose or schistose complex does not in itself imply the Archean age of such a set of rocks. Local manifestations of a similar petrological facies may and do appear which are of vastly inferior geological age; and unless there is unequivocal evidence that such rocks lie beneath the oldest fossil-bearing strata, there can be no absolute certainty as to their antiquity. It is more than likely that certain occurrences of gneiss and schist, at present regarded as Archean, may prove on fuller examination to be metamorphosed representatives of younger periods.

ARCHELAUS OF CAPPADOCIA (1st century ), general of Mithradates the Great in the war against Rome. In 87 he was sent to Greece with a large army and fleet, and occupied the Peiraeus after three days’ fighting with Bruttius Sura, prefect of Macedonia, who in the previous year had defeated Mithradates’ fleet under Metrophanes and captured the island of Sciathus. Here he was besieged by Sulla, compelled to withdraw into Boeotia, and completely defeated at Chaeroneia (86). A fresh army was sent by Mithradates, but Archelaus was again defeated at Orchomenus, after a two days’ battle (85). On the

title: Page:EB1911 - Volume 02.djvu/382


text: Popular Science Monthly/Volume 56/March 1900/Sketch of Edward Orton


text: Popular Science Monthly/Volume 56/March 1900/Editor's Table


text: Popular Science Monthly/Volume 56/March 1900/Fragments of Science


text: Popular Science Monthly/Volume 56/March 1900/Minor Paragraphs and Notes


text: Popular Science Monthly/Volume 56/March 1900/Publications Received


text: Dictionary of National Biography, 1901 supplement/Lloyd, William Watkiss


text: Popular Science Monthly/Volume 56/April 1900/Recent Years of Egyptian Exploration


text: Popular Science Monthly/Volume 56/April 1900/The Gold Sands of Cape Nome


text: 1911 Encyclopædia Britannica/Archduke

title: 1911 Encyclopædia Britannica/Archduke


text: Popular Science Monthly/Volume 56/April 1900/A State Official on Excessive Taxation


text:
Page:The Amazing Emperor Heliogabalus.djvu/24

 the soldiers, 53. Date of the proclamation of Elagabalus, 55. Macrinus astonished, 56. The Empire in favour of Bassianus, Julian's expedition, 59. Deserters to Bassianus, 61. Macrinus at Apamea, and Diadumenianus' elevation, 63. Macrinus retires to Antioch, 66. Bassianus wins allegiance of soldiers at Apamea, 67. Dion on the dates of proclamation and battle, 67. Arval Brothers' meeting, 68. Wirth, 69. Battle of Immae, 69. Antonine at Antioch, 71. Macrinus' escape, 72. Capture and death, 74. Character of Macrinus, 75.

Lampridius on Alexander, 137. Seius Carus' plot, 139. Military expenditure, 140. Maesa's plan for the adoption of Alexander, 141. The Emperor's reasons for concurrence, 142. Name Alexander accounted for, 144. Date of adoption discussed, 145. Position after adoption, 146. Alexander's titles, 147. Antonine's endeavours, 148. Antonine's resolve to divorce Annia Faustina and disown Alexander, 150. Accusations against the Government, 151. Antonine's attempt to assassinate


text: Popular Science Monthly/Volume 56/April 1900/Latest Developments with the X Rays


text: Dictionary of National Biography, 1901 supplement/Loch, Henry Brougham


text: 1911 Encyclopædia Britannica/Archean System


text: Dictionary of National Biography, 1901 supplement/Locker, Arthur


text:
Page:The Amazing Emperor Heliogabalus.djvu/25

 Alexander discussed, 152. Antonine goes to Praetorian camp, 154. Camp conference, 155. Hatred of Maesa and Mamaea testified against Antonine, 157. Mamaea's precautions, 158. Antonine's preparations for suicide, 160. Alexander designated Consul, 160. The Emperor's refusal and reasons for his compliance, 161. Lampridius on Julius Sabinus, 163. Ulpian and Silvinus, 164. Reasons for the murder and the various accounts, 165. Criticism on the above, 170. The treatment of Elagabalus' body, 171.

Lampridius' Life of Elagabalus impossible, 227. Elagabalus a psycho-sexual hermaphrodite, not wicked, 229. The condition quite usual then as now, 229. Virtue a virile quality, not a neurotic negation, 229. The Phallus natural and omnipresent typifies joy and fruitfulness, 230. Elagabalus has strong homosexual nymphomania and every inducement


text: Dictionary of National Biography, 1901 supplement/Locker-Lampson, Frederick


text:
Page:The Amazing Emperor Heliogabalus.djvu/26

 to gratify his feminine instinct, 231. His nature incredibly open and affectionate, 232. Maesa an aggravating factor, 234. Modern authorities on similarly inverted cases to-day, 234. Biblical parallels, Greek instances, modern religious tendencies, 234. Normal intolerance largely hypocritical, 235. The usual instincts of such natures, 235. Elagabalus' love of flowers, feasts, and teasing, 236. His marriages psychologically considered, 238. His castration and desire for an operation which might produce the female organs discussed, 238. Elagabalus' marriage with Hierocles, 239. Hierocles and Zoticus discussed, 239. Comparison with Messalina, 240. Spintries, 240. Elagabalus' love of colour, 241. His frankness, 241. Greek love opposed to effeminacy, 242. Gulick on the psychology, on Christianity, 242. Effeminacy, not homosexuality, disgusts Roman world and gives reason for Elagabalus' downfall, 244.


text: Dictionary of National Biography, 1901 supplement/Lockhart, William Ewart


text: The Amazing Emperor Heliogabalus/Chapter VI


text:
Page:The Amazing Emperor Heliogabalus.djvu/218

172 murder, invented this scheme for disgracing her nephew's memory, and thus averted trouble from herself. It would raise a popular tumult, or at any rate a disgust for the idol of the masses, if they could have Antonine's body dragged through the city publicly, as the perpetrator of unmentionable crimes, concerning which the populace knew nothing. Suffice it to say that it did the work. Antonine had the stigma of all crimes imputed to his memory; and Alexander the good arose superior to all human frailties. Then and not till then, Rome began to be shocked. Men whose fortunes Antonine had made by his liberality, the Senate, whom he had snubbed so unmercifully, the army to whose donatives he had not attended properly, all these found it advisable to adopt the views of the new administration; their education in ingratitude was complete. Instead of the generous, fearless, affectionate boy whom the populace had known, there emerged the sceptred butcher ill with satyriasis; the taciturn tyrant, hideous and debauched, the unclean priest, devising in the crypts of a palace infamies so monstrous that to describe them new words had to be coined. It was Mamaea's work, and for 1800 years no one has had the audacity to look below the surface and unmask the deception.


text: Popular Science Monthly/Volume 56/April 1900/A Hundred Years of Chemistry I


text: Popular Science Monthly/Volume 56/April 1900/The Science of Art Form


text: Popular Science Monthly/Volume 56/April 1900/Steam Turbines and High-Speed Vessels


text:
Page:The Amazing Emperor Heliogabalus.djvu/185

VI DEALINGS WITH ALEXANDER 141 almost as ready to accept coins from no matter what tainted source they might come. "Money," as Vespasian had said, " has no smell," a sentiment with which most men were in entire agreement.

This is a very fair view of the state of politics about the month of June, in the year of our Lord 221. at which time the Dowager-Empress propounded her scheme ; an attempt, she said, to transfer the odium of Antonine's neglect in secular matters to other shoulders, and so to set the boy free to carry out his great policy for the advancement of religious unity throughout the world. Maesa certainly agreed with her grandson's point of view, or said she did, which came to the same thing. The work which he had proposed was great and important, and it had been neglected for the good of the state. Now, to neglect the great God angered him to whom the family owed their position. To neglect the affairs of state angered the people, and gave rise to disturbances ; of this Antonine had had recent examples. Surely it would be advisable to appoint a coadjutor in the affairs of state, and, for obvious reasons, one of his own family, some one who would naturally have no other desire than to serve Antonine ; there was a relative ready and willing. Why did he not adopt Alexianus ? Perhaps the boy was insignificant ! Well, so much the better ; but at any rate he might be used to advantage. All this was most plausible, and may have blinded the Emperor for the moment, but we can easily understand, from what we know of Antonine's nature, that even if he saw through


text: Popular Science Monthly/Volume 56/April 1900/A Survival of Medieval Credulity II


text: Popular Science Monthly/Volume 56/April 1900/Genuine Starch Factories


text: Popular Science Monthly/Volume 56/April 1900/Trade Corporations in China


text: Popular Science Monthly/Volume 56/April 1900/Editor's Table


text:
Page:The Amazing Emperor Heliogabalus.djvu/219

events of the years 221 and until March 222 are mainly a record of internecine fights and struggles ; the Emperor was trying to retain his position in the state, the women leaving no stone unturned to possess themselves of power in Alexander's name. We have traced the events which led to the adoption of Alexander, and noticed the small amount of power which his position as heir to the Empire actually put into the hands of Maesa and Mamaea. We have seen further how the repudiation of the adoption by Antonine lessened even this modicum of power, and how the successful attempt to make Alexander Consul gained for their puppet the official position from which the terms of his adoption had excluded him. Once that position was secured, we have watched the successful plot against the Emperor's life, which placed Maesa and Mamaea in actual command of the state under the merely nominal headship of Alexander. It only remains for us to follow the governmental acts of 173


text: Popular Science Monthly/Volume 56/April 1900/Fragments of Science


text: Popular Science Monthly/Volume 56/April 1900/Minor Paragraphs


text: Popular Science Monthly/Volume 56/April 1900/Notes


text:
Page:The Amazing Emperor Heliogabalus.djvu/220

 these last months of Antonine's life, as far as the authorities will allow.

The first recorded action after the adoption of Alexander was one of religion. The ostensible object of the ceremony on 10th July, or rather earlier, had been to free the chief priest of Elagabal from his secular duties, in order that he might further the worship of the Great God. To this end, Antonine instituted a magnificent religious procession through the city, taking his God from the temple on the Palatine to that in the suburbs. Herodian, with his usual inaccuracy, announces that this ceremony took place each year at midsummer. Now, the temple on the Palatine was not finished by midsummer of the year 220, judging from the coins which celebrate the expansion of the cult, and that near the Porta Praenestina was even later in its completion. The inference is, therefore, that the procession could not possibly have taken place in the year 220 at midsummer. Further evidence is, however, forthcoming; Cohen mentions certain Roman coins struck in honour of the procession; they show the God on a car, and date from the latter part of the year 221, by which time the suburban temple was finished and the procession certainly took place.

Before midsummer in the year 222, according to Dion, Antonine was dead. He did not therefore conduct the Elagabal procession, and as the authors inform us that Alexander sent the God back to Emesa with considerable expedition, after reconsecrating the temple to Jupiter, it is very unlikely


text: Popular Science Monthly/Volume 56/April 1900/Publications Received


text: Dictionary of National Biography, 1901 supplement/Lockhart, William Stephan Alexander


text:
Page:The Amazing Emperor Heliogabalus.djvu/253

 CHAPTER VIII

Antonine has been accused of building the Cloaca Maxima, into which, a century later, all Rome rolled, largely on the grounds that he divorced at least three wives, and was himself wife of the Chariot Driver Hierocles, amongst others of his unusually numerous acquaintance.

The imputation of excavating in Rome cannot be attributed to Elagabalus alone. Augustus had done a little digging there, but hypocritically, as he did everything else, devising ethical laws as a cloak for turpitudes of his own; Caligula had done the same, so had Nero, Hadrian, and Caracalla. Maecenas divorced himself and remarried twenty times, as both ceremonies were less expensive than they are to-day. Suetonius said of Caligula that it was uncertain which was the vilest, the unions he contracted, their brevity, or their cause. With such examples, it was inevitable that ordinary people should unite but to part, and that insensibly the law should annul as a caprice, a clause that defined marriage as the inseparable life.

Under the Caesars, marriage became a temporary 203


text: Popular Science Monthly/Volume 56/Index

title: Popular Science Monthly/Volume 56/Index


text: The Amazing Emperor Heliogabalus/Chapter VII


text:
Delling v. Idaho

Cite as: 568 U. S. ____ (2012)

SUPREME COURT OF THE UNITED STATES

JOHN JOSEPH DELLING v. IDAHO

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF IDAHO

No. 11–1515. Decided November 26, 2012

The petition for a writ of certiorari is denied.

title: Delling v. Idaho


text: The Amazing Emperor Heliogabalus/Chapter VIII


text: Dictionary of National Biography, 1901 supplement/Lockwood, Frank


text: Dictionary of National Biography, 1901 supplement/Lopes, Henry Charles


text: Index:Letter from Florence Earle Coates to Amos Niven Wilder (29 September 1923)


text:
Page:Florence Earle Coates to Amos Niven Wilder 19230929 TLS.jpg

 2024 Spruce Street,

Philadelphia.

Dear Mr. Wilder:—

It is pleasant to hear from you once more and I shall hope to have the opportunity of seeing you here in our home and of telling you again of my interest and appreciation of your work.

Very faithfully yours,

Florence Earle Coates.

September 29/23


text:
Delling v. Idaho/Dissent Breyer

, with whom and  join, dissenting from denial of certiorari.

The law has long recognized that criminal punishment is not appropriate for those who, by reason of insanity, cannot tell right from wrong. See 4 W. Blackstone, Commentaries on the Laws of England 24–25 (1769); M'Naghten's Case, 10 Cl. & Fin. 200, 8 Eng. Rep. 718 (1843). The insanity defense in nearly every State incorporates this principle. See Clark v. Arizona, 548 U. S. 735, 750–752 (2006) (noting that all but four States recognize some version of the insanity defense); R. Bonnie, A. Coughlin, J. Jeffries, & P. Low, Criminal Law 604 (3d ed. 2010) (same). If a defendant establishes an insanity defense, he is not criminally liable, though the government may confine him civilly for as long as he continues to pose a danger to himself or to others by reason of his mental illness. Jones v. United States, 463 U. S. 354, 370 (1983).

Idaho and a few other States have modified this traditional insanity defense. Indeed, Idaho provides that "[m]ental condition shall not be a defense to any charge of criminal conduct." Idaho Code §18–207(1) (Lexis 2004). Another provision of the same statute provides, however, that the above restriction is not "intended to prevent the admission of expert evidence on the issue of any state of mind which is an element of the offense." §18–207(3). And the Idaho courts have made clear that prosecutors are "'still required to prove beyond a reasonable doubt that a

defendant had the mental capacity to form the necessary intent."' 152 Idaho 122, 125, 267 P. 3d 709, 712 (2011) (quoting State v. Card, 121 Idaho 425, 430, 825 P. 2d 1081, 1086 (1991)). Thus, in Idaho, insanity remains relevant to criminal liability, but only in respect to intent. Insanity continues to have relevance at sentencing as well. A court must "receiv[e]" evidence of mental condition at sentencing and, if mental condition proves to be a "significant factor," must consider a string of issues deemed relevant to punishment, including, notably, "[t]he capacity of the defendant to appreciate the wrongfulness of his conduct." Idaho Code §19–2523 (Lexis 2004). In addition, if the court imposes a prison sentence on a person who "suffers from any mental condition requiring treatment," Idaho law appears to mandate that "the defendant shall receive treatment" in an appropriate facility. See §18–207(2).

Still, the step that Idaho has taken is significant. As that State's courts recognize, it "'may allow the conviction of persons who may be insane by some former insanity test or medical standard, but who nevertheless have the ability to form intent and to control their actions."' 152 Idaho, at 125, 267 P. 3d, at 712. That is, the difference between the traditional insanity defense and Idaho's standard is that the latter permits the conviction of an individual who knew what he was doing, but had no capacity to understand that it was wrong.

To illustrate with a very much simplified example: Idaho law would distinguish the following two cases. Case One: The defendant, due to insanity, believes that the victim is a wolf. He shoots and kills the victim. Case Two: The defendant, due to insanity, believes that a wolf, a supernatural figure, has ordered him to kill the victim. In Case One, the defendant does not know he has killed a human being, and his insanity negates a mental element necessary to commit the crime. Cf. Clark, supra, at 767–768 (offering a similar example of how mental illness may

rebut mens rea). In Case Two, the defendant has intentionally killed a victim whom he knows is a human being; he possesses the necessary mens rea. In both cases the defendant is unable, due to insanity, to appreciate the true quality of his act, and therefore unable to perceive that it is wrong. But in Idaho, the defendant in Case One could defend the charge by arguing that he lacked the mens rea, whereas the defendant in Case Two would not be able to raise a defense based on his mental illness. Much the same outcome seems likely to occur in other States that have modified the insanity defense in similar ways. For example, in State v. Bethel, 276 Kan. 456, 459, 66 P. 3d 840, 843 (Kan. 2003), the prosecution and defense agreed that under a similar Kansas statute, evidence that a schizophrenic defendant's "mental state precluded him from understanding the difference between right and wrong or from understanding the consequences of his actions . ..does not constitute a defense to the charged crimes."

The American Psychiatric Association tells us that "severe mental illness can seriously impair a sufferer's ability rationally to appreciate the wrongfulness of conduct." Brief for American Psychiatric Association et al. as Amici Curiae 15. And other amici tell us that those seriously mentally ill individuals often possess the kind of mental disease that Case Two describes—that is to say,they know that the victim is a human being, but due to mental illness, such as a paranoid delusion, they wrongly believe the act is justified. Brief for 52 Criminal Law and Mental Health Law Professors 10. In view of these submissions, I would grant the petition for certiorari to consider whether Idaho’s modification of the insanity defense is consistent with the Fourteenth Amendment's Due Process Clause.

title: Delling v. Idaho/Dissent Breyer


text: Talk:Delling v. Idaho/Dissent Breyer

title: Talk:Delling v. Idaho/Dissent Breyer


text: Index:Letter from Florence Earle Coates to Amos Niven Wilder (22 January 1924)


text:
Page:Florence Earle Coates to Amos Niven Wilder 19240122 TL cover.jpg

, Jan. 22 1924

A few War "Retrospects",

in grateful return for the pleasure given me by your many important ones.

Florence Earle Coates.


text: Dictionary of National Biography, 1901 supplement/Lothian, 9th Marquis of


text: Dictionary of National Biography, 1901 supplement/Lovell, Robert (1770?-1796)


text:
Page:Florence Earle Coates to Amos Niven Wilder 19240122 TLS pg 1 of 2.jpg

 2024 Spruce Street, Philadelphia.

Dear Mr. Wilder:—

Recalling the many kindnesses for which I am indebted to you, you will be tempted to imagine that with me "out of sight is out of mind"; but so far is this from being the case that, because I have not been able to write, you have been in my thoughts a great part of the time. That, however, is not the only reason I have thought of you, for your book has been before me, and though I can read little at a time, owing to my blindness, I have constantly been charmed by new and eloquent lines.

You have, in my opinion, a fine gift of poetry and a noble command of our noble mother-tongue,—so misprized and misused in these days. Because I think you should go far, will you forgive a tiny criticism and suggestion?

While remembering that poetry should be sensuous and impassioned, "gnomic and divinely wise", do not forget that it should also be, and deny yourself the privilege of many rare and aristocratic words.

How lovely are your lines to  "God's high economy of pain".—The entire poem is saturated with beauty and genuine feeling, so that it brings the tears. But—dare I ask?—should it end with so large a word as "Transcendentalists?

I love the "Bruges" poems and the "Forêt de Soignes". But you have been patient and I must not go on or I shall weary you. Thanking you for all


text: Dictionary of National Biography, 1901 supplement/Lucan, 3rd Earl of


text:
Page:Florence Earle Coates to Amos Niven Wilder 19240122 TLS pg 2 of 2.jpg

 the pleasure you have given me, and hoping that if you come to Philadelphia you will surely let me know, I am

Faithfully and cordially yours,

January 22/24

Amos N. Wilder

New Haven.


text: Dictionary of National Biography, 1901 supplement/Ludlow, Baron


text: Index:Letter from Florence Earle Coates to Amos Niven Wilder (25 January 1924)


text: Dictionary of National Biography, 1901 supplement/Lumby, Joseph Rawson


text:
Page:Florence Earle Coates to Amos Niven Wilder 19240125 TLS.jpg

 2024 Spruce Street,

Philadelphia.

Dear Mr. Wilder:—

This must be only a line, but I feel that a letter which has so touched me that the tears sprang to my eyes deserves some immediate response.

Yes: feeling "How few there are who hold with faith to the ardours" so dear to us, our souls grow sick sometimes with a kind of grieved loneliness. But "We judge of a man's wisdom by his hope", and we must cherish the belief that the young will return to ideals very different from those they hold to-day.

As I read your letter, the second stanza of my lines "To the Victor" recurred to my mind with a kind of exultation. "Israel was saved by the remnant", was it not?

Faithfully yours,

Florence Earle Coates.

January 25/24


text: Dictionary of National Biography, 1901 supplement/Lumsden, Harry Burnett


text:
Page:EB1911 - Volume 02.djvu/383

 conclusion of peace, Archelaus, finding that he had incurred the suspicion of Mithradates, deserted to the Romans, by whom he was well received. Nothing further is known of him.

, king of Egypt, was his son. In 56 he married Berenice, daughter of Ptolemy Auletes, queen of Egypt, but his reign only lasted six months. He was defeated by Aulus Gabinius and slain (55).

, king of Cappadocia, was grandson of the last named. In 41 (according to others, 34), he was made king of Cappadocia by Mark Antony, whom, however, he deserted after the battle of Actium. Octavian enlarged his kingdom by the addition of part of Cilicia and Lesser Armenia. He was not popular with his subjects, who even brought an accusation against him in Rome, on which occasion he was defended by Tiberius. Subsequently he was accused by Tiberius, when emperor, of endeavouring to stir up a revolution, and died in confinement at Rome ( 17). Cappadocia was then made a Roman province. Archelaus was said to have been the author of a geographical work, and to have written treatises On Stones and Rivers.

ARCHELAUS, king of Judaea, was the son of Herod the Great. He received the kingdom of Judaea by the last will of his father, though a previous will had bequeathed it to his brother Antipas. He was proclaimed king by the army, but declined to assume the title until he had submitted his claims to Augustus at Rome. Before setting out, he quelled with the utmost cruelty a sedition of the Pharisees, slaying nearly 3000 of them. At Rome he was opposed by Antipas and by many of the Jews, who feared his cruelty; but Augustus allotted to him the greater part of the kingdom (Judaea, Samaria, Ituraea) with the title of ethnarch. He married Glaphyra, the widow of his brother Alexander, though his wife and her second husband, Juba, king of Mauretania, were alive. This violation of the Mosaic law and his continued cruelty roused the Jews, who complained to Augustus. Archelaus was deposed ( 7) and banished to Vienne. The date of his death is unknown.

Archelaus is mentioned in Matt. ii. 22, and the parable of Luke xix. 11 f. probably refers to his journey to Rome.

ARCHELAUS, king of Macedonia (413-399 ), was the son of Perdiccas and a slave mother. He obtained the throne by murdering his uncle, his cousin and his half-brother, the legitimate heir, but proved a capable and beneficent ruler. He fortified cities, constructed roads and organized the army. He endeavoured to spread among his people the refinements of Greek civilization, and invited to his court, which he removed from Aegae to Pella, many celebrated men, amongst them Zeuxis, Timotheus, Euripides and Agathon. In 399 he was killed by one of his favourites while hunting; according to another account he was the victim of a conspiracy.

ARCHELAUS OF MILETUS, Greek philosopher of the 5th century, was born probably at Athens, though Diogenes Laërtius (ii. 16) says at Miletus. He was a pupil of Anaxagoras, and is said by Ion of Chios (ap. Diog. Laërt. ii. 23) to have been the teacher of Socrates. Some argue that this is probably only an attempt to connect Socrates with the Ionian school; others (e.g. Gomperz, Greek Thinkers) uphold the story. There is similar difference of opinion as regards the statement that Archelaus formulated certain ethical doctrines. In general, he followed Anaxagoras, but in his cosmology he went back to the earlier Ionians. He postulated primitive Matter, identical with air and mingled with Mind, thus avoiding the dualism of Anaxagoras. Out of this conscious “air,” by a process of thickening and thinning, arose cold and warmth, or water and fire, the one passive, the other active. The earth and the heavenly bodies are formed from mud, the product of fire and water, from which springs also man, at first in his lower forms. Man differs from animals by the possession of the moral and artistic faculty. No fragments of Archelaus remain; his doctrines have to be extracted from Diogenes Laërtius, Simplicius, Plutarch and Hippolytus.

ARCHENHOLZ, JOHANN WILHELM VON (1743–1812), German historian, was born at Langfuhr, a suburb of Danzig, on the 3rd of September 1743. From the Berlin Cadet school he passed into the Prussian army at the age of sixteen, and took part in the last campaigns of the Seven Years’ War. Retiring from military service, on account of his wounds, with the rank of captain in 1763, he travelled for sixteen years and visited nearly all the countries of Europe, and resided in England for ten years (1769–1779). Returning to Germany in 1780, he obtained a lay canonry at the cathedral of Magdeburg, and immediately entered upon a literary career by publishing the periodical Litteratur- und Völkerkunde (Leipzig, 1782–1791). This was followed in 1785 by England und Italien (2nd ed., Leipzig, 1787), in which he gives a remarkably unprejudiced appreciation of English political and social institutions. Between 1789 and 1798 he published his Annalen der britischen Geschichte (20 vols). But the work by which he is best known to fame is his brilliantly written history of the Seven Years’ War, Geschichte des siebenjährigen Krieges (first published in the Berliner historisches Taschenbuch of 1787, and later in 2 vols., Berlin, 1793; 13th ed., Leipzig, 1892). This work, though as regards the main facts and details it only follows other writers, is still a useful source of information upon the epoch with which it deals. In 1792 Archenholz removed to Hamburg, and there, from 1792 to 1812, edited the journal Minerva, which had a great reputation for its literary, historical and political information. Archenholz died at his country seat, Oyendorf, near Hamburg, on the 28th of February 1812. ARCHER, WILLIAM (1856–  ), English critic, was born at Perth on the 23rd of September 1856, and was educated at Edinburgh University. He became a leader-writer on the Edinburgh Evening News in 1875, and after a year in Australia returned to Edinburgh. In 1879 he became dramatic critic of the London Figaro, and in 1884 of the World. In London he soon took a prominent literary place. Mr Archer had much to do with introducing Ibsen to the English public by his translation of The Pillars of Society, produced at the Gaiety Theatre, London, in 1880. He also translated, alone or in collaboration, other productions of the Scandinavian stage: Ibsen’s Doll’s House (1889), Master Builder (1893); Edvard Brandes’s A Visit (1892); Ibsen’s Peer Gynt (1892); Little Eyolf (1895); and John Gabriel Borkman (1897); and he edited Henrik Ibsen’s Prose Dramas (5 vols., 1890–1891). Among his critical works are:—English Dramatists of To-day (1882); Masks or Faces? (1888); five vols. of critical notices reprinted, The Theatrical World (1893–1897); America To-day, Observations and Reflections; Poets of the Younger Generation (1901); Real Conversations (1904). ARCHERMUS, a Chian sculptor of the middle of the 6th century His father Micciades, and his sons, Bupalus and Athenis, were all sculptors of marble, using doubtless the fine marble of their native land. The school excelled in draped female figures. Archermus is said by a scholiast (on Aristophanes’ Birds, v. 573) to have been the first to represent Victory and Love with wings. This statement gives especial interest to a discovery made at Delos of a basis signed by Micciades and Archermus which was connected with a winged female figure in rapid motion (see ), a figure naturally at first regarded as the Victory of Archermus. Unfortunately further investigation has discredited the notion that the statue belongs to the basis, which seems rather to have supported a sphinx. ARCHERY, the art and practice of shooting with the bow (arcus) and arrow, or with crossbow and bolts. Though these weapons are by no means widely used amongst savage tribes of the present day, their origin is lost in the mists of antiquity.

title: Page:EB1911 - Volume 02.djvu/383


text: Index:Letter from Florence Earle Coates to Amos Niven Wilder (8 February 1924)


text: 1911 Encyclopædia Britannica/Philadelphia (Pennsylvania)


text:
Page:Florence Earle Coates to Amos Niven Wilder 19240208 TLS.jpg

 2024 Spruce Street,

Philadelphia.

My dear Mr. Wilder:—

I have been ill and am not yet able to write, but I cannot allow another day to pass without thanking you for the two poems and for the pleasure it has given me to receive them.

I hope you are quite well, and am with cordial regard,

Faithfully yours,

Florence Earle Coates.

February 8/24


text: Dictionary of National Biography, 1901 supplement/Lushington, Edmund Law


text: Letter from Florence Earle Coates to Amos Niven Wilder (29 September 1923)


text:
1922 Encyclopædia Britannica/Philadelphia

PHILADELPHIA (see ), retaining its rank as third city in the United States, had in 1920 a pop. of 1,823,779, an increase of 274,681 or 17.7% over the 1,549,098 of 1910. The pop.

of 1920 comprised whites, 1,688,313; negroes, 134,098, and Chinese, Japanese and Indians, 1,368. The increase in the white pop. since 1910 was 224,942 or 15.4%, while the corresponding increase in the negro pop. was 49,639 or 58.8%. In 1920 males were 908,067, or 49.8%, and females 915,712, or 50.2%.

Government and Finance.—The Bullitt Act, under which the city government had functioned since 1887, gave way in 1920 to the Woodward Act, which became effective with the beginning of the term of Mayor J. Hampton Moore, in Jan. 1920. The new charter differs greatly from its predecessor. Under it a dual council is succeeded by a single body composed of one member for each 20,000 assessed voters in each state senatorial district, the membership in 1920 being twenty-one. The councilmen serve for four years, and receive a salary of $5,000. In the executive department, the department of supplies is superseded by a purchasing agent, and the department of health and public charities is separated into two with a director for each, the title “Public Charities” giving way to “Public Welfare.” Further provisions enable the city to do its own street cleaning and garbage and ash removal, and place the great majority of city employees under civil service rules. By this provision not only small office-holders but the police and fire departments are removed from the possibilities of political activity.

 * (Author:Albert E. McKinley)


text: Letter from Florence Earle Coates to Amos Niven Wilder (22 January 1924)


text: Letter from Florence Earle Coates to Amos Niven Wilder (25 January 1924)


text: Letter from Florence Earle Coates to Amos Niven Wilder (8 February 1924)


text:
1922 Encyclopædia Britannica/Paraguay

PARAGUAY (see ).—The pop. of Paraguay in 1920 was supposed to be about 800,000. At least 60% of the inhabitants were illiterate, though President Franco during 1916-9 made an attempt toward educational progress. The school registration for 1916 was 80,142.

History.—Manuel Gondra became President on Jan. 18 1911 but was overthrown by a revolution headed by Col. Albino Jara in July of that year. Jara was succeeded in turn by Liberate Rojos, who was overthrown Jan. 14 1912 by another “alteration of the legal order,” as a consequence of which Pedro Pena was placed in the presidential chair Feb. 29. Considerable bloodshed accompanied these changes, which cost the country at least £400,000. On March 25 Emiliano Gonzalez Navero became President, retaining office until Aug. 15, when Eduardo Scherer succeeded him. Scherer actually completed his term of office, the first time this had occurred in Paraguay since 1870. His firmness prevented several outbreaks and disturbances, especially one at the beginning of 1915, which might have been most serious under a weaker executive. Scherer's successor was fortunately another able man, Manuel Franco, who retained his position from Aug. 15 1916 until his death on June 3 1919. Franco not merely forestalled revolutions, but brought Paraguayan finance to the best condition it had reached for years. During his administration the meat-packing industry became fully established in Paraguay. This was the greatest step forward that had occurred since 1870. By encouraging an industry which more than almost any other improves the lot of the individual farmer in a rather isolated agricultural country, the three United States packing-houses that established themselves in Paraguay during President Franco's administration were of great service. They caused a thorough survey of Paraguay's cattle-raising possibilities to be made and also studied the different grasses and areas of pasturage and their suitability for different breeds of cattle. In 1918 37% of the total exports of Paraguay consisted of the products of stock-raising and meat-packing as against 32.4% for the products of the forest industries (lumber, quebracho, etc.) and 30.2% for agricultural products.

José P. Montero filled the remainder of Franco's presidential term, from June 3 1919 to Aug. 15 1920, when Manuel Gondra again became President, having been elected while minister to the United States. The lessened demand from Europe and the United States for the chief exports of Paraguay at the close of the World War caused a decided setback to Paraguay's prosperity. On Jan. 1 1921 Paraguay was unable to meet the payments due on her foreign debts, and the largest banks in the country became seriously involved, further aggravating the commercial crisis. An American financial adviser was assisting the Paraguayan Government in 1921. On Nov. 17 1913 through rail communication was inaugurated between Asunción and Buenos Aires. This has done much to lessen the isolation of the country, for under normal conditions the journey between the two cities is made in 50 hours. Paraguay renewed direct diplomatic relations with the United States in 1913, sending a minister to Washington for the first time in eight years, while the United States created a separate mission for Paraguay in the same year, accrediting a minister to Paraguay alone, instead of to Uruguay and Paraguay jointly as formerly. Great Britain in 1921 still accredited one minister to both countries. The United States and Paraguay signed an extradition treaty on July 30 1913. In Nov. 1921, Pres. Gondra was ejected from office as the result of a revolution.

The Government remained neutral during the World War, though Congress adopted a resolution of sympathy with the Allies and of approval of the action of the United States in declaring war on Germany. The Government dismissed some of its German employees, and maintained a pro-Ally attitude.

(C. L. C.)

title: 1922 Encyclopædia Britannica/Paraguay


text:
1922 Encyclopædia Britannica/Paravane

PARAVANE, a naval device used in the World War first for attacking submerged submarines and subsequently for protecting vessels against mines and for cutting up hostile minefields. The name of Acting-Comm. C. D. Burney is especially associated with its design and development.

The explosive paravane in its final form consisted of a torpedo-shaped body carrying near its head a large steel plane which was set at a small angle to the centre-line of the body, and was in an approximately vertical position when the paravane was being towed. The thrust of the water on the plane carried the paravane away from the towing vessel, and with two paravanes, one on each side, a spread of sweep of about 200 ft. was obtained, i.e. the two paravanes were that distance apart. Horizontal and vertical fins near the tail increased the stability, and in the tail was fitted a depth-keeping mechanism consisting of a horizontal rudder actuated by a hydrostatic valve which responded to any difference in the water-pressure caused by a change of depth. The paravane carried a heavy charge of high explosive which could be detonated, by means of an electric current passing through the core of the towing-wire, in any one of three ways. If the paravane hit the hull of a submarine, striking-gear on its nose operated a switch which closed the firing circuit. This impact method would not become operative should the towing-line become entangled in the external fittings of a submarine, but in that case an extra load would be put on the line; apparatus was therefore provided such that when the load on the line exceeded a predetermined value a switch was tripped and the circuit closed. Finally a hand-switch on the bridge of the towing vessel enabled the charge to be detonated at will should the presence of a submarine be suspected.

It was soon seen that the explosive paravane could be adapted to protect vessels against moored mines. For this purpose the towing-lines were attached, not at the stern as with the explosive paravanes, but at a point as far forward and as low down as possible. Their outboard ends being kept about 100 ft. away from the central fore and aft line of the ship by the paravanes to which they were attached, they swept a wedge-shaped track in a horizontal plane at the level of the keel or slightly below it, and fouled the mooring-wires of any anchored mines lying in or near the course of the vessel. When this happened the mooring-wire was deflected along the towing-line until it reached the head of the paravane, where it was guided into the jaws of shears or scissors made of special high-grade steel, by which it was severed. The mine then floated to the surface and was exploded by rifle-fire. It was found that with a pull of about 7 cwt. the shears would cut a 1½ in. mooring-wire. The normal length of the towing-lines was 56 yd.; three-strand wire ropes were used, each consisting of 37 galvanized wires, 0.049 in. in diameter, with an ultimate breaking strength of between 100 and 120 tons per sq. in. There were three types of protector paravanes: (1) The merchant-vessel type, known as “otters,” for ships with speeds below 16 knots; (2) the fast-liner type; and (3) the battleship type.

The mine-sweeping paravanes were towed from the stern of high-speed destroyers. As the point of attachment had to be on deck, an arrangement called a “depressor” was used to bring the virtual point of tow down to the required depth at the stern. Wide paths could be swept at speeds of 26 to 30 knots.

title: 1922 Encyclopædia Britannica/Paravane


text: Index:Charlesjarrot nytimesarticle1907.jpg


text: The New York Times/1907/2/4/Sport Of Motor Racing to the Expert Driver


text:
Page:EB1922 - Volume 32.djvu/48

Turkish language by the expulsion of all foreign elements, especially Persian anU Arabic, and the establishment of a civilization based entirely on old Turkish traditions. In this movement Ziya Bey, Shinassi Bey, and Namik Kemal Bey were particularly active. The researches of the Academy of Turkish Science, established after the Young Turk revolution, dealing with the original home and the pre-Mahommedan history of the Turks, were then artificially utilized greatly to widen the scope of the Turkish national movement. The goal was now the formation of a powerful and independent union of all the peoples of the world kindred to the Osmanli Turks and alleged to embrace a population of 50,000,000 (about double the actual number of those speaking Turkish dialects). For the national designation "Turk" was now to be substituted the more comprehensive "Turanian," and the Mahommedan crescent was to be abandoned for the preMahommedan Turkish wolf as a racial emblem. Turkish writers began to speak of their ideal fatherland, their Turania, the cradle of their nation, and the home of their race. The poet Ziya Gok Alp, called by a countryman "the great Apostle of Turanianism," celebrates Attila, Jenghiz and Oghuz Khan as heroic figures that stand for the proud fame of his race, and describes the fatherland of the Turks not as Turkey or Turkestan, but as the "broad eternal land of Turania." This wider movement involves a policy of Irredentism which aspires not only to stimulate by moral and intellectual propaganda a feeling of racial unity among the kindred peoples, but under favourable circumstances to free those peoples from foreign rule. Curiously enough, the circumstances since the conclusion of the war seem to be more favourable to the realization of this ideal than they were before its outbreak. It is an ideal that is not likely to disappear, for its fulfilment is the only remaining prospect for Turkey of expansion as compensation for the great territorial losses that empire has sustained in recent times.

It now becomes necessary to inquire what possibilities this somewhat vague term Pan-Turanianism implies. The earliest form of the name "Turanian" occurs perhaps about 800 B.C. in the Avesta, the sacred book of Zoroastrianism, as Tura, to designate a country which was contiguous to Iran (Persia) and the inhabitants of which were in constant conflict with the Iranians. It is met with again about A.D. 1000 in the Shahname or Book of Kings, of the Persian poet Firdusi as Turan, the country beyond the Oxus (now the Amu Darya). Persian sources show that the ancient Turan (Turania) corresponded roughly to the Russian Turkestan of to-day. In the second half of the igth century "Turanian" came to be used as a loose designation of Asiatic languages that were neither Aryan nor Semitic, and to be similarly applied in a racial sense to the nomadic peoples speaking those languages, as opposed to the agricultural Aryans. The term has more recently become synonymous with "Altaic " or "Ural-Altaic." "Turanian" is here treated in this definite sense.

Having spread in prehistoric times from the Altai mountains in the centre of Asia, this ethnic family at the present day occupies a broad belt of territory extending from Thrace across Asia to the sea of Japan and reaching from about 35 N. lat. to the coast of the Arctic Ocean. It consists of five main branches, the Samoyeds, the Finno-Ugrians and the Tunguses constituting the northern, and the Mongols and the Turks the southern division. The countries inhabited by the Turanians are Siberia, Mongolia, Manchuria, Chinese and Russian Turkestan, Asia Minor, parts of Persia and Afghanistan, the Caucasus, the Crimea, the Volga and Pechora regions of eastern Russia, Lapland, Finland, Hungary, and portions of the Balkans.

Down to the outbreak of the World War all the Turanian peoples* were subject to foreign (Russian, Chinese, Persian, Afghan) domination except the Magyars and the Osmanli Turks. Only those sections of the Turanians that have come into close contact with the Aryans of Europe have succeeded in rising from their primitive state to a comparatively advanced degree of civilization: the Finns, the Magyars and the Osmanli Turks. The Turanians in Europe number in round figures 22,000,000: 10,000,000 Magyars; 6,000,000 Samoyeds and Finns; and 6,000,ooo Turks. In Asia there are 26,000,000: 115,000 Finns, Samo-

title: Page:EB1922 - Volume 32.djvu/48


text: Page:Florence Earle Coates to Amos Niven Wilder 19230929 TLS envelope front back.jpg


text:
Nitro-Lift Technologies, L. L. C. v. Howard

Cite as: 568 U. S. ____ (2012)

Per Curiam

SUPREME COURT OF THE UNITED STATES

NITRO-LIFT TECHNOLOGIES, L. L. C. v. EDDIE LEE HOWARD ET AL.

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF OKLAHOMA

No. 11–1377. Decided November 26, 2012

State courts rather than federal courts are most frequently called upon to apply the Federal Arbitration Act (FAA), 9 U. S. C. §1 et seq., including the Act's national policy favoring arbitration. It is a matter of great importance, therefore, that state supreme courts adhere to a correct interpretation of the legislation. Here, the Oklahoma Supreme Court failed to do so. By declaring the noncompetition agreements in two employment contracts null and void, rather than leaving that determination to the arbitrator in the first instance, the state court ignored a basic tenet of the Act's substantive arbitration law. The decision must be vacated.

This dispute arises from a contract between petitioner Nitro-Lift Technologies, L. L. C., and two of its former employees. Nitro-Lift contracts with operators of oil and gas wells to provide services that enhance production. Respondents Eddie Lee Howard and Shane D. Schneider entered a confidentiality and noncompetition agreement with Nitro-Lift that contained the following arbitration clause:
 * "'Any dispute, difference or unresolved question between Nitro-Lift and the Employee (collectively the "Disputing Parties") shall be settled by arbitration by a single arbitrator mutually agreeable to the Disputing Parties in an arbitration proceeding conducted in

 * Houston, Texas in accordance with the rules existing at the date hereof of the American Arbitration Association.'" Pet. for Cert. 5.

After working for Nitro-Lift on wells in Oklahoma, Texas, and Arkansas, respondents quit and began working for one of Nitro-Lift's competitors. Claiming that respondents had breached their noncompetition agreements, Nitro-Lift served them with a demand for arbitration. Respondents then filed suit in the District Court of Johnston County, Oklahoma, asking the court to declare the noncompetition agreements null and void and to enjoin their enforcement. The court dismissed the complaint, finding that the contracts contained valid arbitration clauses under which an arbitrator, and not the court, must settle the parties' disagreement.

The Oklahoma Supreme Court retained respondents' appeal and ordered the parties to show cause why the matter should not be resolved by application of Okla. Stat., Tit. 15, §219A (West 2011), which limits the enforceability of noncompetition agreements. Nitro-Lift argued that any dispute as to the contracts' enforceability was a question for the arbitrator. It relied for support—as it had done before the trial court—upon several of this Court's cases interpreting the FAA, and noted that under Buckeye Check Cashing, Inc. v. Cardegna, 546 U. S. 440, 446 (2006), "this arbitration law applies in both state and federal courts." Record in No. 109,003 (Okla.), p. 273.

The Oklahoma Supreme Court was not persuaded. It held that despite the "[U. S.] Supreme Court cases on which the employers rely," the "existence of an arbitration agreement in an employment contract does not prohibit judicial review of the underlying agreement." 2011 OK 98, ¶15, n. 20, ¶16, 273 P. 3d 20, 26, n. 20, 27. For that proposition, the court relied on the "exhaustive overview of the United States Supreme Court decisions construing the Federal Arbitration Act" in Bruner v. Timberlane Manor

Ltd. Partnership, 2006 OK 90, 155 P. 3d 16, which found Supreme Court jurisprudence "not to inhibit our review of the underlying contract's validity." 273 P. 3d, at 26. Finding the arbitration clauses no obstacle to its review, the court held that the noncompetition agreements were "void and unenforceable as against Oklahoma's public policy," expressed in Okla. Stat., Tit. 15, §219A. 273 P. 3d, at 27.

The Oklahoma Supreme Court declared that its decision rests on adequate and independent state grounds. Id., at 23–24, n. 5. If that were so, we would have no jurisdiction over this case. See Michigan v. Long, 463 U. S. 1032, 1037–1044 (1983). It is not so, however, because the court's reliance on Oklahoma law was not "independent"—it necessarily depended upon a rejection of the federal claim, which was both "'properly presented to'" and "'addressed by'" the state court. Howell v. Mississippi, 543 U. S. 440, 443 (2005) (per curiam) (quoting Adams v. Robertson, 520 U. S. 83, 86 (1997) (per curiam)). Nitro-Lift claimed that the arbitrator should decide the contract's validity, and raised a federal-law basis for that claim by relying on Supreme Court cases construing the FAA. "'[A] litigant wishing to raise a federal issue can easily indicate the federal law basis for his claim in a state-court petition or brief . . . by citing in conjunction with the claim the federal source of law on which he relies or a case deciding such a claim on federal grounds . . . .'" Howell, supra, at 444 (quoting Baldwin v. Reese, 541 U. S. 27, 32 (2004); emphasis added). The Oklahoma Supreme Court acknowledged the cases on which Nitro-Lift relied, as well as their relevant holdings, but chose to discount these controlling decisions. Its conclusion that, despite this Court's jurisprudence, the underlying contract's validity is purely a matter of state law for state-court determination is all the more reason for this Court to assert jurisdiction.

The Oklahoma Supreme Court's decision disregards this Court's precedents on the FAA. That Act, which "declare[s] a national policy favoring arbitration," Southland Corp. v. Keating, 465 U. S. 1, 10 (1984), provides that a "written provision in . . . a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction. . . shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 9 U. S. C. §2. It is well settled that "the substantive law the Act created [is] applicable in state and federal courts." Southland Corp., supra, at 12; see also 'Buckeye, supra, at 446. And when parties commit to arbitrate contractual disputes, it is a mainstay of the Act's substantive law that attacks on the validity of the contract, as distinct from attacks on the validity of the arbitration clause itself, are to be resolved "by the arbitrator in the first instance, not by a federal or state court." Preston v. Ferrer, 552 U. S. 346, 349 (2008); see also Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U. S. 395 (1967). For these purposes, an "arbitration provision is severable from the remainder of the contract," Buckeye, supra, at 445, and its validity is subject to initial court determination; but the validity of the remainder of the contract (if the arbitration provision is valid) is for the arbitrator to decide.

This principle requires that the decision below be vacated. The trial court found that the contract contained a valid arbitration clause, and the Oklahoma Supreme Court did not hold otherwise. It nonetheless assumed the arbitrator's role by declaring the noncompetition agreements null and void. The state court insisted that its "[own] jurisprudence controls this issue" and permits review of a "contract submitted to arbitration where one party assert[s] that the underlying agreement [is] void and unenforceable." 273 P. 3d, at 26. But the Oklahoma

Supreme Court must abide by the FAA, which is "the supreme Law of the Land," U. S. Const., Art. VI, cl. 2, and by the opinions of this Court interpreting that law. "It is this Court's responsibility to say what a statute means, and once the Court has spoken, it is the duty of other courts to respect that understanding of the governing rule of law." Rivers v. Roadway Express, Inc., 511 U. S. 298, 312 (1994). Our cases hold that the FAA forecloses precisely this type of "judicial hostility towards arbitration." AT&T Mobility LLC v. Concepcion, 563 U. S. ___, ___ (2011) (slip op., at 8).

The state court reasoned that Oklahoma's statute "addressing the validity of covenants not to compete, must govern over the more general statute favoring arbitration." 273 P. 3d, at 26, n. 21. But the ancient interpretive principle that the specific governs the general (generalia specialibus non derogant) applies only to conflict between laws of equivalent dignity. Where a specific statute, for example, conflicts with a general constitutional provision, the latter governs. And the same is true where a specific state statute conflicts with a general federal statute. There is no general-specific exception to the Supremacy Clause, U. S. Const. Art. VI, cl. 2. "'[W]hen state law prohibits outright the arbitration of a particular type of claim, the analysis is straightforward: The conflicting rule is displaced by the FAA.'" Marmet Health Care Center, Inc. v. Brown, 565 U. S. ___, ___–___ (2012) (per curiam) (slip op., at 3–4) (quoting AT&T Mobility LLC, supra, at ___–___ (slip op., at 6–7)). Hence, it is for the arbitrator to decide in the first instance whether the covenants not to compete are valid as a matter of applicable state law. See Buckeye, 546 U. S., at 445–446.

For the foregoing reasons, the petition for certiorari is granted. The judgment of the Supreme Court of Oklahoma is vacated, and the case is remanded for proceedings not inconsistent with this opinion.

It is so ordered.


text: Page:Florence Earle Coates to Amos Niven Wilder 19240125 TLS envelope front back.jpg


text: Talk:Nitro-Lift Technologies, L. L. C. v. Howard


text: Category:United States Supreme Court decisions on arbitration


text: Page:Florence Earle Coates to Amos Niven Wilder 19240208 TLS envelope front back.jpg