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 of time' has an enormous influence. Moreover, all these influences may work subconsciously or half unconsciously. And when you get a Subject in whom the subconscious life—of which I must speak more fully soon—is largely developed, and in whom motives habitually ripen in silence, you get a case of which you can never give a full account, and in which, both to the Subject and the onlookers, there may appear an element of marvel. Emotional occasions, especially violent ones, are extremely potent in precipitating mental rearrangements. The sudden and explosive ways in which love, jealousy, guilt, fear, remorse, or anger can seize upon one are known to everybody. Hope, happiness, security, resolve, emotions characteristic of conversion, can be equally explosive. And emotions that come in this explosive way seldom leave things as they found them.

In his recent work on the Psychology of Religion, Professor Starbuck of California has shown by a


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 inquiry how closely parallel in its manifestations the ordinary 'conversion' which occurs in young people brought up in evangelical circles is to that growth into a larger spiritual life which is a normal phase of adolescence in every class of human beings. The age is the same, falling usually between fourteen and seventeen. The symptoms are the same,—sense of incompleteness and imperfection; brooding, depression, morbid introspection, and sense of sin; anxiety about the hereafter; distress over doubts, and the like. And the result is the same,—a happy relief and objectivity, as the confidence in self gets greater through the adjustment of the faculties to the wider outlook. In spontaneous religious awakening, apart from revivalistic examples, and in the ordinary storm and stress and moulting-time of adolescence, we also may meet with mystical experiences, astonishing the subjects by their suddenness, just as in revivalistic conversion. The analogy, in fact, is complete; and Starbuck's conclusion as to these ordinary youthful conversions would seem to be the only sound one: Conversion is in its essence a normal adolescent phenomenon, incidental to the passage from the child's small universe to the wider intellectual and spiritual life of maturity.

"Theology," says Dr. Starbuck, "takes the adolescent tendencies and builds upon them; it sees that the essential thing in adolescent growth is bringing the person out of childhood into the new life of maturity and personal insight. It accordingly brings those means to bear which will intensify the normal tendencies. It shortens up the period of duration of storm and stress." The conversion phenomena of 'conviction of sin' last, by this investigator's statistics, about one fifth as long as the periods of adolescent storm and stress phenomena of which he also got statistics, but they are very much more intense.

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 meaning of the universe, and of life anyhow, is the burden that weighs upon one—you remember Tolstoy's case. So there are distinct elements in conversion, and their relations to individual lives deserve to be discriminated.

Some persons, for instance, never are, and possibly never under any circumstances could be, converted. Religious ideas cannot become the centre of their spiritual energy. They may be excellent persons, servants of God in practical ways, but they are not children of his kingdom. They are either incapable of imagining the invisible; or else, in the language of devotion, they are life-long subjects of 'barrenness' and 'dryness.' Such inaptitude for religious faith may in some cases be intellectual in its origin. Their religious faculties may be checked in their natural tendency to expand, by beliefs about the world that are inhibitive, the pessimistic and materialistic beliefs, for example, within which so many good souls, who in former times would have freely indulged their religious propensities, find themselves nowadays, as it were, frozen; or the agnostic vetoes upon faith as something weak and shameful, under which so many of us to-day lie cowering, afraid to use our instincts. In many persons such inhibitions are never overcome. To the end of their days they refuse to believe, their personal energy never gets to its religious centre, and the latter remains inactive in perpetuity.

In other persons the trouble is profounder. There are men anæsthetic on the religious side, deficient in that


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Arkansas Game and Fish Commission v. United States/Opinion of the Court

JUSTICE GINSBURG delivered the opinion of the Court.

Periodically from 1993 until 2000, the U.S. Army Corps of Engineers (Corps) authorized flooding that extended into the peak growing season for timber on forest land owned and managed by petitioner, Arkansas Game and Fish Commission (Commission). Cumulative in effect, the repeated flooding damaged or destroyed more than 18 million board feet of timber and disrupted the ordinary use and enjoyment of the Commission's property. The Commission sought compensation from the United States pursuant to the Fifth Amendment's instruction: “[N]or shall private property be taken for public use, without just compensation.” The question presented is whether a taking may occur, within the meaning of the Takings Clause, when government-induced flood invasions, although repetitive, are temporary.

Ordinarily, this Court's decisions confirm, if government action would qualify as a taking when permanently continued, temporary actions of the same character may also qualify as a taking. In the instant case, the parties and the courts below divided on the appropriate classification of temporary flooding. Reversing the judgment of the Court of [p27] Federal Claims, which awarded compensation to the Commission, the Federal Circuit held, 2 to 1, that compensation may be sought only when flooding is “a permanent or inevitably recurring condition, rather than an inherently temporary situation.” 637 F.3d 1366, 1378 (2011). We disagree and conclude that recurrent floodings, even if of finite duration, are not categorically exempt from Takings Clause liability.

A
The Commission owns the Dave Donaldson Black River Wildlife Management Area (Management Area or Area), which comprises 23,000 acres along both banks of the Black River in northeast Arkansas. The Management Area is forested with multiple hardwood timber species that support a variety of wildlife habitats. The Commission operates the Management Area as a wildlife and hunting preserve, and also uses it as a timber resource, conducting regular harvests of timber as part of its forest-management efforts. Three types of hardwood oak species—nuttall, overcup, and willow—account for 80 percent of the trees in the Management Area. The presence of these hardwood oaks is essential to the Area's character as a habitat for migratory birds and as a venue for recreation and hunting.

The Clearwater Dam (Dam) is located 115 miles upstream from the Management Area. The Corps constructed the Dam in 1948, and shortly thereafter adopted a plan known as the Water Control Manual (Manual) to determine the rates at which water would be released from the Dam. The Manual sets seasonally varying release rates, but permits planned deviations from the prescribed rates for agricultural, recreational, and other purposes.

In 1993, the Corps approved a planned deviation in response to requests from farmers. From September to December 1993, the Corps released water from the Dam at a [p28] slower rate than usual, providing downstream farmers with a longer harvest time. As a result, more water than usual accumulated in Clearwater Lake behind the Dam. To reduce the accumulation, the Corps extended the period in which a high amount of water would be released. The Commission maintained this extension yielded downstream flooding in the Management Area, above historical norms, during the tree-growing season, which runs from April to October. If the Corps had released the water more rapidly in the fall of 1993, in accordance with the Manual and with past practice, there would have been short-term waves of flooding which would have receded quickly. The lower rate of release in the fall, however, extended the period of flooding well into the following spring and summer. While the deviation benefited farmers, it interfered with the Management Area's tree-growing season.

The Corps adopted similar deviations each year from 1994 through 2000. The record indicates that the decision to deviate from the Manual was made independently in each year and that the amount of deviation varied over the span of years. Nevertheless, the result was an unbroken string of annual deviations from the Manual. Each deviation lowered the rate at which water was released during the fall, which necessitated extension of the release period into the following spring and summer. During this span of years the Corps proposed Manual revisions that would have made its temporary deviations part of the permanent water-release plan. On multiple occasions between 1993 and 2000, the Commission objected to the temporary deviations and opposed any permanent revision to the Manual, on the ground that the departures from the traditional water-release plan adversely impacted the Management Area. Ultimately, the Corps tested the effect of the deviations on the Management Area. It thereupon abandoned the proposal to permanently revise the Manual and, in 2001, ceased its temporary deviations. [p29]

B
In 2005, the Commission filed the instant lawsuit against the United States, claiming that the temporary deviations from the Manual constituted a taking of property that entitled the Commission to compensation. The Commission maintained that the deviations caused sustained flooding of its land during the tree-growing season. The cumulative impact of this flooding over a six-year period between 1993 and 1999, the Commission alleged, resulted in the destruction of timber in the Management Area and a substantial change in the character of the terrain, which necessitated costly reclamation measures. Following a trial, the Court of Federal Claims ruled in favor of the Commission and issued an opinion and order containing detailed findings of fact. 87 Fed. Cl. 594 (2009).

The Court of Federal Claims found that the forests in the Management Area were healthy and flourishing before the flooding that occurred in the 1990's, and that the forests had been sustainably managed for decades under the water-release plan contained in the Manual. Id., at 631. It further found that the Commission repeatedly objected to the deviations from the Manual and alerted the Corps to the detrimental effect the longer period of flooding would have on the hardwood timber in the Management Area. Id., at 604.

As found by the Court of Federal Claims, the flooding caused by the deviations contrasted markedly with historical flooding patterns. Between 1949 and 1992, the river level near the Management Area reached six feet an average of 64.7 days per year during the growing season; the number of such days had been even lower on average before the Clearwater Dam was built. Between 1993 and 1999, however, the river reached the same level an average of 91.14 days per year, an increase of more than 40 percent over the historic average. Although the Management Area lies in a floodplain, in no previously recorded time span did comparable flooding patterns occur. Id., at 607–608. Evidence at [p30] trial indicated that half of the nuttall oaks in the Management Area were saturated with water when the river level was at six feet, id., at 608; the evidence further indicated that the saturation of the soil around the trees' root systems could persist for weeks even after the flooding had receded. Id., at 627.

The court concluded that the Corps' deviations caused six consecutive years of substantially increased flooding, which constituted an appropriation of the Commission's property, albeit a temporary rather than a permanent one. Important to this conclusion, the court emphasized the deviations' cumulative effect. The trees were subject to prolonged periods of flooding year after year, which reduced the oxygen level in the soil and considerably weakened the trees' root systems. The repeated annual flooding for six years altered the character of the property to a much greater extent than would have been shown if the harm caused by one year of flooding were simply multiplied by six. When a moderate drought occurred in 1999 and 2000, the trees did not have the root systems necessary to sustain themselves; the result, in the court's words, was “catastrophic mortality.” Id., at 632. More than 18 million board feet of timber were destroyed or degraded. Id., at 638–640.

This damage altered the character of the Management Area. The destruction of the trees led to the invasion of undesirable plant species, making natural regeneration of the forests improbable in the absence of reclamation efforts. Id., at 643. To determine the measure of just compensation, the Court of Federal Claims calculated the value of the lost timber and the projected cost of the reclamation and awarded the Commission $5.7 million.

The Federal Circuit reversed. It acknowledged that in general, temporary government action may give rise to a takings claim if permanent action of the same character would constitute a taking. But it held that “cases involving flooding and [flowage] easements are different.” 637 F.3d, [p31] at 1374. Government-induced flooding can give rise to a taking claim, the Federal Circuit concluded, only if the flooding is “permanent or inevitably recurring.” Id., at 1378. The Court of Appeals understood this conclusion to be dictated by this Court's decisions in Sanguinetti v. United States, 264 U.S. 146, 150 (1924), and United States v. Cress, 243 U.S. 316, 328 (1917). We granted certiorari to resolve the question whether government actions that cause repeated floodings must be permanent or inevitably recurring to constitute a taking of property. 566 U.S. 920 (2012).

II
The Takings Clause is “designed to bar Government from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” Armstrong v. United States, 364 U.S. 40, 49 (1960). See also First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 318–319 (1987); ''Penn Central Transp. Co. v. New York City'', 438 U.S. 104, 123–125 (1978). And “[w]hen the government physically takes possession of an interest in property for some public purpose, it has a categorical duty to compensate the former owner.” Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 322 (2002) (citing United States v. Pewee Coal Co., 341 U.S. 114, 115 (1951)). These guides are fundamental in our Takings Clause jurisprudence. We have recognized, however, that no magic formula enables a court to judge, in every case, whether a given government interference with property is a taking. In view of the nearly infinite variety of ways in which government actions or regulations can affect property interests, the Court has recognized few invariable rules in this area.

True, we have drawn some bright lines, notably, the rule that a permanent physical occupation of property authorized by government is a taking. Loretto v. Teleprompter Man- [p32] hattan CATV Corp., 458 U.S. 419, 426 (1982). So, too, is a regulation that permanently requires a property owner to sacrifice all economically beneficial uses of his or her land. Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1019 (1992). But aside from the cases attended by rules of this order, most takings claims turn on situation-specific factual inquiries. See Penn Central, 438 U.S., at 124. With this in mind, we turn to the question presented here—whether temporary flooding can ever give rise to a takings claim.

The Court first ruled that government-induced flooding can constitute a taking in Pumpelly v. Green Bay Co., 13 Wall. 166 (1872). The Wisconsin Legislature had authorized the defendant to build a dam which led to the creation of a lake, permanently submerging the plaintiff's land. The defendant argued that the land had not been taken because the government did not exercise the right of eminent domain to acquire title to the affected property. Moreover, the defendant urged, the damage was merely “a consequential result” of the dam's construction near the plaintiff's property. Id., at 177. Rejecting that crabbed reading of the Takings Clause, the Court held that “where real estate is actually invaded by superinduced additions of water, earth, sand, or other material so as to effectually destroy or impair its usefulness, it is a taking, within the meaning of the Constitution.” Id., at 181.

Following Pumpelly, the Court recognized that seasonally recurring flooding could constitute a taking. United States v. Cress, 243 U.S. 316 (1917), involved the Government's construction of a lock and dam, which subjected the plaintiff's land to “intermittent but inevitably recurring overflows.” Id., at 328. The Court held that the regularly recurring flooding gave rise to a takings claim no less valid than the claim of an owner whose land was continuously kept under water. Id., at 328–329.

Furthermore, our decisions confirm that takings temporary in duration can be compensable. This principle was [p33] solidly established in the World War II era, when “[c]ondemnation for indefinite periods of occupancy [took hold as] a practical response to the uncertainties of the Government's needs in wartime.” ''United States v. Westinghouse Elec. & Mfg. Co.'', 339 U.S. 261, 267 (1950). In support of the war effort, the Government took temporary possession of many properties. These exercises of government authority, the Court recognized, qualified as compensable temporary takings. See Pewee Coal Co., 341 U.S. 114; Kimball Laundry Co. v. United States, 338 U.S. 1 (1949); United States v. General Motors Corp., 323 U.S. 373 (1945). Notably in relation to the question before us, the takings claims approved in these cases were not confined to instances in which the Government took outright physical possession of the property involved. A temporary takings claim could be maintained as well when government action occurring outside the property gave rise to “a direct and immediate interference with the enjoyment and use of the land.” United States v. Causby, 328 U.S. 256, 266 (1946) (frequent overflights from a nearby airport resulted in a taking, for the flights deprived the property owner of the customary use of his property as a chicken farm); cf. United States v. Dickinson, 331 U.S. 745, 751 (1947) (flooding of claimant's land was a taking even though claimant successfully “reclaimed most of his land which the Government originally took by flooding”).

Ever since, we have rejected the argument that government action must be permanent to qualify as a taking. Once the government's actions have worked a taking of property, “no subsequent action by the government can relieve it of the duty to provide compensation for the period during which the taking was effective.” First English, 482 U.S., at 321. See also Tahoe-Sierra, 535 U.S., at 337 (“[W]e do not hold that the temporary nature of a land-use restriction precludes finding that it effects a taking; we simply recognize that it should not be given exclusive significance one way or the other.”).

[p34] Because government-induced flooding can constitute a taking of property, and because a taking need not be permanent to be compensable, our precedent indicates that government-induced flooding of limited duration may be compensable. No decision of this Court authorizes a blanket temporary-flooding exception to our Takings Clause jurisprudence, and we decline to create such an exception in this case.

III
In advocating a temporary-flooding exception, the Government relies primarily on Sanguinetti, 264 U.S. 146. That case involved a canal constructed by the Government connecting a slough and a river. The claimant's land was positioned between the slough and the river above the canal. The year after the canal's construction, a “flood of unprecedented severity” caused the canal to overflow onto the claimant's land; less severe flooding and overflow occurred in later years. Id., at 147, 44 S.Ct. 264.

The Court held there was no taking on these facts. This outcome rested on settled principles of foreseeability and causation. The Court emphasized that the Government did not intend to flood the land or have “any reason to expect that such [a] result would follow” from construction of the canal. Id., at 148. Moreover, the property was subject to seasonal flooding prior to the construction of the canal, and the landowner failed to show a causal connection between the canal and the increased flooding, which may well have been occasioned by changes in weather patterns. See id., at 149 (characterizing the causal relationship asserted by the landowner as “purely conjectural”). These case-specific features were more than sufficient to dispose of the property owner's claim.

In the course of the Sanguinetti decision, however, the Court summarized prior flooding cases as standing for the proposition that “in order to create an enforceable liability against the Government, it is, at least, necessary that the [p35] overflow be the direct result of the structure, and constitute an actual, permanent invasion of the land.” Ibid. The Government would have us extract from this statement a definitive rule that there can be no temporary taking caused by floods.

We do not read so much into the word “permanent” as it appears in a nondispositive sentence in Sanguinetti. That case, we note, was decided in 1924, well before the World War II–era cases and First English, in which the Court first homed in on the matter of compensation for temporary takings. That time factor, we think, renders understandable the Court's passing reference to permanence. If the Court indeed meant to express a general limitation on the Takings Clause, that limitation has been superseded by subsequent developments in our jurisprudence.

There is certainly no suggestion in Sanguinetti that flooding cases should be set apart from the mine run of takings claims. The sentence in question was composed to summarize the flooding cases the Court had encountered up to that point, which had unexceptionally involved permanent, rather than temporary, government-induced flooding. 264 U.S., at 149. See Cress, 243 U.S., at 328; United States v. Lynah, 188 U.S. 445, 469 (1903). But as just explained, no distinction between permanent and temporary flooding was material to the result in Sanguinetti. We resist reading a single sentence unnecessary to the decision as having done so much work. In this regard, we recall Chief Justice Marshall's sage observation that “general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.” Cohens v. Virginia, 6 Wheat. 264, 399 (1821).

The Government also asserts that the Court in Loretto interpreted Sanguinetti the same way the Federal Circuit did in this case. That assertion bears careful inspection. A [p36] section of the Court's opinion in Loretto discussing permanent physical occupations parenthetically quotes 's statement that flooding is a taking if it constitutes an “actual, permanent invasion of the land.” 458 U.S., at 428. But the first rule of case law as well as statutory interpretation is: Read on. Later in the Loretto opinion, the Court clarified that it scarcelyintended to adopt a “flooding-is-different” rule by the obscure means of quoting parenthetically a fragment from a 1924 opinion. The Court distinguished permanent physical occupations from temporary invasions of property, expressly including flooding cases, and said that “temporary limitations are subject to a more complex balancing process to determine whether they are a taking.” Id., at 435, n.12.

There is thus no solid grounding in precedent for setting flooding apart from all other government intrusions on property. And the Government has presented no other persuasive reason to do so. Its primary argument is of the in for a penny, in for a pound genre: reversing the decision below, the Government worries, risks disruption of public works dedicated to flood control. “[E]very passing flood attributable to the government's operation of a flood-control project, no matter how brief,” the Government hypothesizes, might qualify as a compensable taking. Brief for United States 29. To reject a categorical bar to temporary-flooding takings claims, however, is scarcely to credit all, or even many, such claims. It is of course incumbent on courts to weigh carefully the relevant factors and circumstances in each case, as instructed by our decisions. See infra, at 522.

The slippery slope argument, we note, is hardly novel or unique to flooding cases. Time and again in Takings Clause cases, the Court has heard the prophecy that recognizing a just compensation claim would unduly impede the government's ability to act in the public interest. Causby, 328 U.S., at 275 (Black, J., dissenting); Loretto, 458 U.S., at 455 [p37] (Blackmun, J., dissenting). We have rejected this argument when deployed to urge blanket exemptions from the Fifth Amendment's instruction. While we recognize the importance of the public interests the Government advances in this case, we do not see them as categorically different from the interests at stake in myriad other Takings Clause cases. The sky did not fall after Causby, and today's modest decision augurs no deluge of takings liability.

Tellingly, the Government qualifies its defense of the Federal Circuit's exclusion of flood invasions from temporary takings analysis. It sensibly acknowledges that a taking might be found where there is a “sufficiently prolonged series of nominally temporary but substantively identical deviations.” Brief for United States 21. This concession is in some tension with the categorical rule adopted by the Court of Appeals. Indeed, once it is recognized that at least some repeated nonpermanent flooding can amount to a taking of property, the question presented to us has been essentially answered. Flooding cases, like other takings cases, should be assessed with reference to the “particular circumstances of each case,” and not by resorting to blanket exclusionary rules. United States v. Central Eureka Mining Co., 357 U.S. 155, 168 (1958) (citing Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 416 (1922)). See Penn Central, 438 U.S., at 124.

At oral argument, the Government tendered a different justification for the Federal Circuit's judgment, one not aired in the courts below, and barely hinted at in the brief the Government filed in this Court: Whether the damage is permanent or temporary, damage to downstream property, however foreseeable, is collateral or incidental; it is not aimed at any particular landowner and therefore does not qualify as an occupation compensable under the Takings Clause. Tr. of Oral Arg. 30–39; Brief for United States 26–27. “[M]indful that we are a court of review, not of first view,” Cutter v. [p38] Wilkinson, 544 U.S. 709, 718, n.7 (2005), we express no opinion on the proposed upstream/downstream distinction and confine our opinion to the issue explored and decided by the Federal Circuit.

For the same reason, we are not equipped to address the bearing, if any, of Arkansas water-rights law on this case. The determination whether a taking has occurred includes consideration of the property owner's distinct investment-backed expectations, a matter often informed by the law in force in the State in which the property is located. Lucas, 505 U.S., at 1027–1029; Phillips v. Washington Legal Foundation, 524 U.S. 156, 164 (1998). But Arkansas law was not examined by the Federal Circuit, and therefore is not properly pursued in this Court. Whether arguments for an upstream/downstream distinction and on the relevance of Arkansas law have been preserved and, if so, whether they have merit, are questions appropriately addressed to the Court of Appeals on remand. See Glover v. United States, 531 U.S. 198, 205 (2001).

IV
We rule today, simply and only, that government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection. When regulation or temporary physical invasion by government interferes with private property, our decisions recognize, time is indeed a factor in determining the existence vel non of a compensable taking. See Loretto, 458 U.S., at 435, n.12 (temporary physical invasions should be assessed by case-specific factual inquiry); Tahoe-Sierra, 535 U.S., at 342 (duration of regulatory restriction is a factor for court to consider); ''National Bd. of YMCA v. United States'', 395 U.S. 85, 93 (1969) (“temporary, [p39] unplanned occupation” of building by troops under exigent circumstances is not a taking).

Also relevant to the takings inquiry is the degree to which the invasion is intended or is the foreseeable result of authorized government action. See supra, at 517; John Horstmann Co. v. United States, 257 U.S. 138, 146 (1921) (no takings liability when damage caused by government action could not have been foreseen). See also Ridge Line, Inc. v. United States, 346 F.3d 1346, 1355–1356 (CA Fed. 2003); In re Chicago, Milwaukee, St. Paul & Pacific R. Co., 799 F.2d 317, 325–326 (CA7 1986). So, too, are the character of the land at issue and the owner's “reasonable investment-backed expectations” regarding the land's use. Palazzolo v. Rhode Island, 533 U.S. 606, 618 (2001). For example, the Management Area lies in a floodplain below a dam, and had experienced flooding in the past. But the trial court found the Area had not been exposed to flooding comparable to the 1990's accumulations in any other time span either prior to or after the construction of the Dam. See supra, at 29–30. Severity of the interference figures in the calculus as well. See Penn Central, 438 U.S., at 130–131; Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327, 329–330 (1922) (“[W]hile a single act may not be enough, a continuance of them in sufficient number and for a sufficient time may prove [a taking]. Every successive trespass adds to the force of the evidence.”).

The Court of Federal Claims found that the flooding the Commission assails was foreseeable. In this regard, the court noted the Commission's repeated complaints to the Corps about the destructive impact of the successive planned deviations from the Water Control Manual. Further, the court determined that the interference with the Commission's property was severe: The Commission had been deprived of the customary use of the Management Area as a forest and wildlife preserve, as the bottomland hardwood forest turned, over time, [p40] into a “headwater swamp.” 87 Fed. Cl., at 610 (internal quotation marks omitted); see supra, at 30.

The Government, however, challenged several of the trial court's factfindings, including those relating to causation, foreseeability, substantiality, and the amount of damages. Because the Federal Circuit rested its decision entirely on the temporary duration of the flooding, it did not address those challenges. As earlier noted, see supra, at 38, preserved issues remain open for consideration on remand.

For the reasons stated, the judgment of the Court of Appeals for the Federal Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

JUSTICE KAGAN took no part in the consideration or decision of this case.


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 category of sensibility. Just as a bloodless organism can never, in spite of all its goodwill, attain to the reckless 'animal spirits' enjoyed by those of sanguine temperament; so the nature which is spiritually barren may admire and envy faith in others, but can never compass the enthusiasm and peace which those who are temperamentally qualified for faith enjoy. All this may, however, turn out eventually to have been a matter of temporary inhibition. Even late in life some thaw, some release may take place, some bolt be shot back in the barrenest breast, and the man's hard heart may soften and break into religious feeling. Such cases more than any others suggest the idea that sudden conversion is by miracle. So long as they exist, we must not imagine ourselves to deal with irretrievably fixed classes.

Now there are two forms of mental occurrence in human beings, which lead to a striking difference in the conversion process, a difference to which Professor Starbuck has called attention. You know how it is when you try to recollect a forgotten name. Usually you help the recall by working for it, by mentally running over the places, persons, and things with which the word was connected. But sometimes this effort fails: you feel then as if the harder you tried the less hope there would be, as though the name were jammed, and pressure in its direction only kept it all the more from rising. And then the opposite expedient often succeeds. Give up the effort entirely; think of something altogether different, and in half an hour the lost name comes sauntering into your mind, as Emerson says, as carelessly as if it had never been invited. Some hidden process was started in you by the effort, which went on after the effort ceased, and made the result come as if it came spontaneously.


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 A certain music teacher, says Dr. Starbuck, says to her pupils after the thing to be done has been clearly pointed out, and unsuccessfully attempted: "Stop trying and it will do itself!"

There is thus a conscious and voluntary way and an involuntary and unconscious way in which mental results may get accomplished; and we find both ways exemplified in the history of conversion, giving us two types, which Starbuck calls the volitional type and the type by self-surrender respectively.

In the volitional type the regenerative change is usually gradual, and consists in the building up, piece by piece, of a new set of moral and spiritual habits. But there are always critical points here at which the movement forward seems much more rapid. This psychological fact is abundantly illustrated by Dr. Starbuck. Our education in any practical accomplishment proceeds apparently by jerks and starts, just as the growth of our physical bodies does.


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 consciousness asks for no more than that. Does God really exist? How does he exist? What is he? are so many irrelevant questions. Not God, but life, more life, a larger, richer, more satisfying life, is, in the last analysis, the end of religion. The love of life, at any and every level of development, is the religious impulse."

At this purely subjective rating, therefore, Religion must be considered vindicated in a certain way from the attacks of her critics. It would seem that she cannot be a mere anachronism and survival, but must exert a permanent function, whether she be with or without intellectual content, and whether, if she have any, it be true or false.

We must next pass beyond the point of view of merely subjective utility, and make inquiry into the intellectual content itself.

First, is there, under all the discrepancies of the creeds, a common nucleus to which they bear their testimony unanimously?

And second, ought we to consider the testimony true? I will take up the first question first, and answer it immediately in the affirmative. The warring gods and


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 formulas of the various religions do indeed cancel each other, but there is a certain uniform deliverance in which religions all appear to meet. It consists of two parts:—

1. An uneasiness; and

2. Its solution.

1. The uneasiness, reduced to its simplest terms, is a sense that there is something wrong about us as we naturally stand.

2. The solution is a sense that we are saved from the wrongness by making proper connection with the higher powers.

In those more developed minds which alone we are studying, the wrongness takes a moral character, and the salvation takes a mystical tinge. I think we shall keep well within the limits of what is common to all such minds if we formulate the essence of their religious experience in terms like these:—

The individual, so far as he suffers from his wrongness and criticises it, is to that extent consciously beyond it, and in at least possible touch with something higher, if anything higher exist. Along with the wrong part there is thus a better part of him, even though it may be but a most helpless germ. With which part he should identify his real being is by no means obvious at this stage; but when stage 2 (the stage of solution or salvation) arrives, the man identifies his real being with the germinal higher part of himself; and does so in the following way. He becomes conscious that this higher part is conterminous and continuous with a of the same quality, which is operative in the universe outside of him, and which he can keep in working touch with, and in a fashion get on board of and save himself when all his lower being has gone to pieces in the wreck.


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 It seems to me that all the phenomena are accurately describable in these very simple general terms. They allow for the divided self and the struggle; they involve the change of personal centre and the surrender of the lower self; they express the appearance of exteriority of the helping power and yet account for our sense of union with it; and they fully justify our feelings of security and joy. There is probably no autobiographic document, among all those which I have quoted, to which the description will not well apply. One need only add such specific details as will adapt it to various theologies and various personal temperaments, and one will then have the various experiences reconstructed in their individual forms.

So far, however, as this analysis goes, the experiences are only psychological phenomena. They possess, it is true, enormous biological worth. Spiritual strength really increases in the subject when he has them, a new life opens for him, and they seem to him a place of conflux where the forces of two universes meet; and yet this may be nothing but his subjective way of feeling things, a mood of his own fancy, in spite of the effects produced. I now turn to my second question: What is the objective 'truth' of their content?

The part of the content concerning which the question


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 of truth most pertinently arises is that ' of the same quality' with which our own higher self appears in the experience to come into harmonious working relation. Is such a 'more' merely our own notion, or does it really exist? If so, in what shape does it exist? Does it act, as well as exist? And in what form should we conceive of that 'union' with it of which religious geniuses are so convinced?

It is in answering these questions that the various theologies perform their theoretic work, and that then divergencies most come to light. They all agree that the 'more' really exists; though some of them hold it to exist in the shape of a personal god or gods, while others are satisfied to conceive it as a stream of ideal tendency embedded in the eternal structure of the world. They all agree, moreover, that it acts as well as exists, and that something really is effected for the better when you throw your life into its hands. It is when they treat of the experience of 'union' with it that their speculative differences appear most clearly. Over this point pantheism and theism, nature and second birth, works and grace and karma, immortality and reincarnation, rationalism and mysticism, carry on inveterate disputes.

At the end of my lecture on Philosophy I held out the notion that an impartial science of religions might sift out from the midst of their discrepancies a common body of doctrine which she might also formulate in terms to which physical science need not object. This, I said, she might adopt as her own reconciling hypothesis, and recommend it for general belief. I also said that in my last lecture I should have to try my own hand at framing such an hypothesis.

The time has now come for this attempt. Who says


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Hewson letter in Perfect Occurrences

[Cromwell's forces] entered their great mount where was their garrison with about 200 officers and soldiers, who were all put to the sword. The rest fled over the bridge where they were closely pursued and most of them slain Some got in two towers on the wall and some into the steeple but, they refusing to come down, the steeple was fired and then fifty of them got out at the top of the church, but the enraged soldiers put them all to the sword, and thirty of them were burnt in the fire some of them cursing and crying out "God damn them" and cursed their souls as they were burning. Those in the towers, being about 200, did yield to the General's mercy, where most of them have their lives and be sent to the Barbadoes. In this slaughter there was, by my observation, at least 3000 dead bodies lay in the fort and the streets,whereof there could not be 150 of them of our army, for I lost more than any other regiment and there was not sixty killed outright of my men.

title: Hewson letter in Perfect Occurrences


text: Dictionary of National Biography, 1885-1900/Hawkins, Susanna


text: Dictionary of National Biography, 1885-1900/Hawkins, Thomas (d.1640)


text: Dictionary of National Biography, 1885-1900/Hawkins, Thomas (1810-1889)


text: Dictionary of National Biography, 1885-1900/Hawkins, William (d.1554?)


text: Dictionary of National Biography, 1885-1900/Hawkins, William (d.1589)


text: Dictionary of National Biography, 1885-1900/Hawkins, William (fl.1595)


text: Dictionary of National Biography, 1885-1900/Hawkins, William (d.1637)


text: Dictionary of National Biography, 1885-1900/Hawksmoor, Nicholas


text: Dictionary of National Biography, 1885-1900/Hawkwood, John de


text: Dictionary of National Biography, 1885-1900/Hawley, Frederick


text: Dictionary of National Biography, 1885-1900/Hawley, Henry


text: Dictionary of National Biography, 1885-1900/Hawley, Joseph Henry


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


text: Dictionary of National Biography, 1885-1900/Haworth, Adrian Hardy


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


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


text: Dictionary of National Biography, 1885-1900/Hay, Alexander (d.1594)


text: Dictionary of National Biography, 1885-1900/Hay, Alexander (d.1807?)


text: Dictionary of National Biography, 1885-1900/Hay, Andrew (1762-1814)


text: Dictionary of National Biography, 1885-1900/Hay, Archibald


text: Dictionary of National Biography, 1885-1900/Hay, Arthur


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


text: Dictionary of National Biography, 1885-1900/Hay, David Ramsay


text: Dictionary of National Biography, 1885-1900/Hay, Edmund


text: Dictionary of National Biography, 1885-1900/Hay, Edward


text: Dictionary of National Biography, 1885-1900/Hay, Francis


text: Dictionary of National Biography, 1885-1900/Hay, George (d.1588)


text: Dictionary of National Biography, 1885-1900/Hay, George (1572-1634)


text: Dictionary of National Biography, 1885-1900/Hay, George (d.1758)


text: Dictionary of National Biography, 1885-1900/Hay, George (1715-1778)


text: Dictionary of National Biography, 1885-1900/Hay, George (1729-1811)


text: Dictionary of National Biography, 1885-1900/Hay, George (1787-1876)


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The American Cyclopædia (1879)/Pueblo Indians

PUEBLO INDIANS, a general name applied by the Spaniards, and subsequently by Americans, to several tribes of semi-civilized Indians found by the former early in the 16th century in what is now New Mexico, who lived in permanent villages (pueblos). Alvar Nuñez (Cabeça de Vaca) passed through their country between 1529 and 1538; Friar Marco de Niza visited it in 1539, and Coronado in 1540. They were finally subdued by the Spaniards, who occupied the country in 1586. They were then as advanced as they now are, raising grain, vegetables, and cotton, which they spun and wove, and manufacturing pottery. Their houses are sometimes built of stone, laid in mortar made of mud, but more generally of sun-dried brick or adobe. These buildings are generally large, of several stories, and contain many families. In some of the pueblos the whole community, amounting to from 300 to 700 souls, are domiciled in one of these huge structures. The houses are sometimes in the form of a hollow square; at other times they are on the brow of a high bluff or mountain terrace, difficult of approach. The first or lower story is invariably without openings, entrance to the house being effected by ladders. Each upper story recedes a few feet from that below it, leaving a terrace or walk around or along the whole extent of the structure, from which ladders lead to those above. The upper stories have doors and windows, but no stairways. In most instances a single family occupies one apartment, and as its number increases another apartment is added when there is sufficient space, or it is built above and reached by a ladder. This mode was practised by these Indians three centuries ago. In every village there is at least one room large enough to contain several hundred persons, in which they hold their councils and have their dances.

These Indians constituted several distinct tribes with different languages. Some of them are now extinct; those still existing are: 1, the Zuñis, inhabiting Zuñi; 2, the Toltos, inhabiting Taos, with whom some unite the Picuries and the people of Sandia and Isleta; 3, the Teguas in San Juan, Santa Clara, Nambé, San Ildefonso, Pojuaque, and Tesuque; 4, the Queres in Cochiti, San Domingo, San Felipe, Santa Aña, Zia, Laguna, and Acoma; and 5, the Jemes, occupying a town of the same name. The population of these 19 pueblos, and some now abandoned, toward the close of the last century was given at 10,000 or 11,000. Under the Spanish government schools were maintained and religious instruction given by Franciscan and other Catholic missionaries, who began their labors before 1600, and still continue them. They were protected from hostile tribes and oppression, and supplied with cattle and sheep; but under Mexican rule they were deprived of this support, and have declined till they now number only about 7,000. They were recognized as citizens under Mexican rule, but since New Mexico became a part of the United States the matter has been left in doubt. In 1857 Chief Justice Slough decided that the Pueblo Indians were under the treaty citizens of the United States. An act of congress passed Dec. 22, 1858, had confirmed old Spanish grants to the Pueblos. Their status as tribes has not, however, been recognized by any treaties; and though judicially declared to be citizens, the laws of New Mexico deprive them of the suffrage. They retain their own government, each village having an elected governor, and a court consisting of three old men; but executions for witchcraft have led to interference by the territorial authorities. A Baptist mission established a few years ago at Laguna led to dissensions and punishments there, which again called for interference. Under the division of tribes among the different denominations, the Pueblos, though Catholics, were assigned to the Christians, and, on their non-action, to the Presbyterians. This led to a protest from the governors of 15 pueblos at Santa Fé, Aug. 16, 1872, and to an appeal to the government made through the Catholic commissioner in 1874. Under the new agency eight schools are supported, which number 298 pupils. The total wealth of the Pueblo Indians in 1873 was given at $535,750.


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Author:Charles Fenton Mercer

Works

 * Speech of Mr. C.F. Mercer, on the subject of the Chesapeake and Ohio Canal. (1823)

title: Author:Charles Fenton Mercer


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Portal:Lucia of Syracuse

General

 * Ælfric's Lives of Saints:St. Lucy, Virgin
 * Chapter XV of Jack and Jill by Louisa May Alcott

Songs

 * Santa Lucia
 * A Nocturnal Upon S. Lucy's Day, Being the Shortest Day

title: Portal:Lucia of Syracuse


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Rh aroused her fear, greatly contributed to inflame her imagination. Then, too, though an uncourtly, he had been a passionate and a romantic lover. She was sensible that he gave up for her much that he had previously conceived necessary to his existence; and she stopped not to enquire how far this devotion was likely to last, or what conduct on her part might best perpetuate the feelings from which it sprung. She had eloped with him. She had consented to a private marriage. She had passed one happy month, and then delusion vanished! Mrs. Welford was not a woman who could give to reality, or find in it, the charm equal to delusion. She was perfectly unable to comprehend the intricate and dangerous character of her husband. She had not the key to his virtues, or the spell for his vices. Nor was the state to which poverty compelled them, one well calculated for that tender meditation, heightened by absence and cherished in indolence, which so often supplies one who loves with the secret to the nature of the one beloved. Though not equal to her husband in birth or early prospects, Mrs. Welford had been accustomed to certain comforts,

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202 often more felt by those who belong to the inferior classes than by those appertaining to the more elevated, who, in losing one luxury, will often cheerfully surrender all. A fine lady can submit to more hardships than her woman; and every gentleman who travels, smiles at the privations which agonize his valet. Poverty, and its grim comrades, made way for a whole host of petty irritations and peevish complaints; and as no guest or visitor ever relieved the domestic discontent, or broke on the domestic bickering, they generally ended in that moody sullenness which so often finds love a grave in repentance. Nothing makes people tire of each other, like a familiarity that admits of carelessness in quarrelling, and coarseness in complaining. The biting sneer of Welford gave acrimony to the murmur of his wife; and when once each conceived the other the injurer, or him or herself the wronged, it was vain to hope that one would be more wary, or the other more indulgent. They both exacted too much, and the wife in especial conceded too little. Mrs. Welford was altogether and emphatically what a libertine calls—"a woman,"—such as a

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Rh frivolous education makes a woman,—generous in great things, petty in small, vain, irritable, full of the littleness of herself and her complaints, ready to plunge into an abyss with her lover, but equally ready to fret away all love with reproaches when the plunge had been made. Of all men, Welford could bear this the least. A woman of a larger heart, a more settled experience, and an intellect capable of appreciating his character, and sounding all his qualities, might have made him perhaps an useful and a great man; and at least her lover for life. Amidst a harvest of evil feelings, the mere strength of his nature rendered him especially capable of intense feeling and generous emotion. One who relied on him was safe,—one who rebelled against him, trusted only to the caprice of his scorn. Still, however, for two years, love, though weakening with each hour, fought on in either breast, and could scarcely be said to be entirely vanquished in the wife, even when she eloped with her handsome seducer. A French writer has said pithily enough, "Compare for a moment the apathy of a husband with the attention, the gallantry, the adoration of a lover,

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204 and can you ask the result?" He was a French writer; but Mrs. Welford had in her temper much of the French woman. A suffering patient, young, handsome, well versed in the arts of intrigue, contrasted with a gloomy husband whom she had never comprehended, long feared, and had lately doubted if she disliked;—ah! a much weaker contrast has made many a much better woman food for the lawyers! Mrs. Welford eloped; but she felt a revived tenderness for her husband on the very morning that she did so. She carried away with her his letters of love as well as her own, which when they first married she had, in an hour of fondness, collected together—then an inestimable hoard!—and never did her new lover receive from her beautiful lips half so passionate a kiss as she left on the cheek of her infant. For some months she enjoyed with her paramour all for which she had sighed in her home. The one for whom she had forsaken her legitimate ties, was a person so habitually cheerful, courteous, and what is ordinarily termed good-natured, (though he had in him as much of the essence of selfishness as any nobleman can

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Rh decently have,) that he continued gallant to her without an effort, long after he had begun to think it possible to tire even of so lovely a face. Yet there were moments when the fickle wife recalled her husband with regret; and, contrasting him with her seducer, did not find all the colourings of the contrast flattering to the latter. There is something in a powerful and marked character, which women, and all weak natures, feel themselves constrained to respect; and Welford's character thus stood in bold, and therefore advantageous though gloomy, relief when opposed to the levities and foibles of this guilty woman's present adorer. However this be, the die was cast; and it would have been policy for the lady to have made the best of her present game. But she who had murmured as a wife, was not complaisant as a mistress. Reproaches made an interlude to caresses, which the noble lover by no means admired. He was not a man to retort, he was too indolent; but neither was he one to forbear. "My charming friend," said he one day, after a scene, "you weary of me,—nothing more natural! Why torment each other? You say I have ruined you;

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206 my sweet friend, let me make you reparation—become independent; I will settle an annuity upon you; fly me—seek happiness elsewhere, and leave your unfortunate, your despairing lover to his fate."

"Do you taunt me, my Lord?" cried the angry fair; "or do you believe that money can replace the rights of which you have robbed me?—can you make me again a wife—a happy, a respected wife? Do this, my Lord, and you atone to me!"

The nobleman smiled and shrugged his shoulders. The lady yet more angrily repeated her question. The lover answered by an inuendo, which at once astonished and doubly enraged her. She eagerly demanded explanation; and his Lordship, who had gone farther than he intended, left the room. But his words had sunk deep into the breast of this unhappy woman, and she resolved to procure an elucidation. Agreeably to the policy which stripped the fabled traveller of his cloak, she laid aside the storm and preferred the sunshine: she watched a moment of tenderness, turned the opportunity to advantage, and, by little and little, she possessed herself of a secret which sickened her with shame, disgust, and dismay.

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Rh Sold! bartered! the object of a contemptuous huxtering to the purchaser and the seller; sold, too, with a lie that debased her at once into an object for whom even pity was mixed with scorn. Robbed already of the name and honour of a wife, and transferred, as a harlot, from the wearied arms of one leman, to the capricious caresses of another. Such was the image that rose before her; and while it roused at one moment all her fiercer passions into madness, humbled, with the next, her vanity into the dust. She who knew the ruling passion of Welford, saw, at a glance, the object of scorn and derision which she had become to him. While she imagined herself the betrayer, she had been the betrayed; she saw vividly, before her (and shuddered as she saw) her husband's icy smile—his serpent eye—his features steeped in sarcasm, and all his mocking soul stamped upon the countenance, whose lightest derision was so galling. She turned from this picture, and saw the courtly face of the purchaser—his subdued smile at her reproaches—his latent sneer at her claims to a station which he had been taught, by the arch plotter, to believe she had never possessed. She saw his early weariness

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 who succeeded his mother as Baron Conyers and his father as sixth Duke of Leeds, became master of the horse to George IV, and died on 10 July 1838; and Francis Godolphin, born on 18 Oct. 1777, who was created Baron Godolphin of Farnham Royal, Buckinghamshire, on 14 May 1832, and died on 15 Feb. 1850—and one daughter, Mary Henrietta Juliana, born on 6 Sept. 1776, who married on 16 July 1801 Thomas, lord Pelham, afterwards second Earl of Chichester, and died on 21 Oct. 1862. He married secondly, on 11 Oct. 1788, Catherine, daughter of Thomas Anguish, accountant-general of the court of chancery, by whom he had one son, Sidney Godolphin, born on 16 Dec. 1789, who died on 15 April 1861; and one daughter, Catherine Anne Sarah, born on 13 March 1798, who married, on 1 June 1819, John Whyte-Melville of Strathkinness, Fifeshire, captain of the 9th lancers, and died on 23 Dec. 1878. His widow, who was an accomplished musician, became mistress of the robes to Queen Adelaide, and died in Grosvenor Street, London, on 8 Oct. 1837.

A portrait of Leeds by Sir Joshua Reynolds, in a group with Lord Mulgrave and others, was lent by the Dilettanti Society to the Loan Collection of National Portraits at South Kensington in 1868 (see Catalogue, p. 182). There is a whole-length engraving of Leeds by Meadows, after Sir Thomas Lawrence.

 OSBORNE, GEORGE ALEXANDER (1806–1893), pianist and musical composer, born on 24 Sept. 1806 at Limerick, was the third son of the organist and a vicar-choral of Limerick Cathedral. From his father Osborne learnt organ-playing in early life, and to such good purpose that when barely fourteen he was able to take his father's place occasionally on the organ-bench. With no definite idea of adopting the profession of music, Osborne when about eighteen went to Brussels on a business visit to an invalid aunt. A spirited account of his journey will be found in the ‘Proceedings of the Musical Association,’ 1882–3, in a paper entitled ‘Musical Reminiscences and Coincidences.’ Osborne ultimately stayed at Brussels several years. At first he was intended for holy orders, and, with this in view, he attended the classes at Prince's classical academy. While in statu pupillari his skill as a musician attracted the attention of several prominent persons, among whom was the Prince de Chimay, an able and enthusiastic musical amateur, husband of Madame Tallien, of French Revolution fame. Osborne soon became a frequenter of the prince's château, where he met many famous people, including Georges Sand, Fétis, Cherubini, and Auber, and benefited largely by studying the music in the prince's library. There, too, he often conducted performances of his own and other compositions by the prince's private band, besides masses by Cherubini and the great masters in the chapel.

Meanwhile Osborne's theological studies were pursued with lessening interest, and when twenty years old he finally decided to adopt music as his profession. In this step he was warmly supported by the Prince de Chimay, who procured for him the appointment of instructor to the eldest son of the Prince of Orange, afterwards king of Holland. In Brussels Osborne, as chapel-master to the Prince of Orange, gave many successful concerts, at one of which he met De Bériot. With him he wrote no less than thirty-three duets for violin and pianoforte, many of which enjoyed a great vogue for a time. From the Château de Chimay, where he used to spend the autumn, Osborne frequently rode and hunted with Malibran before she became De Bériot's wife.

During the Belgian revolution of 1830 Osborne figured as a volunteer on the royalist side, and it is related that an attempt to shoot him was frustrated only by a defect in his assailant's gun. He was, however, made a prisoner, but released at the intercession of the prince. In 1831 Osborne went to Paris, where he lived for years on terms of intimacy with Cherubini, Auber, Heller, Liszt, and Ernst. With Berlioz and Chopin he was particularly well acquainted, and he has embodied his reminiscences of them, as well as some autobiographical matter, in two interesting papers read before the Musical Association on


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208 of her attractions, expressed with respect indeed—an insulting respect,—but felt without a scruple of remorse. She saw in either—as around—only a reciprocation of contempt. She was in a web of profound abasement. Even that haughty grief of conscience for crime committed to another, which if it stings, humbles not, was swallowed up in a far more agonizing sensation, to one so vain as the adultress—the burning sense of shame at having herself, while sinning, been the duped and deceived. Her very soul was appalled with her humiliation. The curse of Welford's vengeance was on her—and it was wreaked to the last! Whatever kindly sentiment she might have experienced towards her protector, was swallowed at once by this discovery. She could not endure the thought of meeting the eye of one who had been the gainer by this ignominious barter. The foibles and weaknesses of the lover assumed a despicable as well as hateful dye. And in feeling herself degraded, she loathed him. The day after she had made the discovery we have referred to, Mrs. Welford left the house of her protector, none knew whither. For two years

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Rh from that date, all trace of her history was lost. At the end of that time, what was Welford? a man rapidly rising in the world, distinguished at the Bar, where his first brief had lifted him into notice, commencing a flattering career in the Senate, holding lucrative and honourable offices, esteemed for the austere rectitude of his moral character, gathering the golden opinions of all men, as he strode onward to public reputation. He had reassumed his hereditary name; his early history was unknown; and no one in the obscure and distant town of had ever guessed that the humble Welford was the William Brandon whose praise was echoed in so many journals, and whose rising genius was acknowledged by all. That asperity, roughness, and gloom which had noted him at, and which being natural to him, he deigned not to disguise in a station ungenial to his talents and below his hopes, were now glitteringly varnished over by an hypocrisy well calculated to aid his ambition. So learnedly could this singular man fit himself to others, that few among the great met him as a companion, nor left him without the temper to

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 3 Feb. 1879 and 5 April 1880 (cf. published proceedings of those dates). Osborne was one of the four pianists who played the accompaniments to Chopin's F minor concerto on the pianoforte (the composer playing the solo part) at the famous concert in Paris on 26 Feb. 1832. When Berlioz and Chopin visited England, Osborne was much with them (cf., Mémoires, Paris, 1870, letter 10, cap. lxi.).

Osborne while living in Paris continued his musical studies under Pixis, Fétis, Reicha, and Kalkbrenner. At the same time he wrote a large number of compositions, chiefly of a light character. But he was also the author of some chamber-music, which has been undeservedly neglected. At the beginning of 1844 Osborne quitted Paris, and settled in London (cf. Proceedings of the Musical Association, 1882–3, p. 103). He had already published his ‘La Pluie de Perles,’ which is declared to have brought him several thousands of pounds, and its popularity gained for him numerous pupils in London, where his vogue as a teacher lasted almost until his death. For some years Osborne wrote many refined drawing-room trifles, and occasionally he issued works on a more extensive scale, such as the andante and rondo written for Herr Joachim. He also played not infrequently in public, making tours of the provinces with distinguished artists (cf. Proceedings of the Musical Association, 6th session, p. 101). Osborne, although upwards of eighty years of age, made his last appearance in public at a ‘social evening of the wind-instrument chamber-music society’ on 15 Nov. 1889, when he played the pianoforte part of his quintet for wood-wind and pianoforte (Musical Times, 1889, p. 725). Osborne died at his residence, 5 Ulster Terrace, Regent's Park, London, on 17 Nov. 1893.

Osborne excelled in his performances of Bach, but many young musicians were wont to seek his advice as to the correct manner of playing Chopin. As a composer, he was by no means seen at his best in the trifles which achieved the widest popularity. A clever violoncello sonata and a serenade are musicianly works; but, in addition to chamber-music, he also wrote two operas, one of which has not been published. The other, ‘Sylvia,’ was set down for performance at Drury Lane Theatre, under the Harrison-Pyne régime, and even put in rehearsal, but it was never performed. Three orchestral overtures, one in C written for the Brighton festival of 1875, are worthy of mention. While living in Belgium Osborne was decorated by the king with the order of the Oak-Crown. He was also a member of the Philharmonic Society of London, a director of the Royal Academy of Music, and for years a prominent member of the Musical Association. He was a genial and kind friend to young musicians, and an admirable public speaker, especially when speaking extemporaneously.

 OSBORNE or OSBORN, HENRY (1698?–1771), admiral, born before 1698, third son of Sir John Osborne, bart., of Chicksands, Bedfordshire [see under ], after serving as a volunteer and midshipman on board the Superbe with Captain Monypenny in the Mediterranean, and afterwards in the Lion with Captain Bouler, passed his examination on 8 March 1716–7. On 7 July 1717 he was promoted by Sir George Byng in the Baltic to be lieutenant of the Barfleur. In 1718 he was in the Royal Oak, one of the fleet in the action off Cape Passaro, and in 1719 in the Experiment, one of a squadron on the north coast of Africa, under the command of Commodore Philip Cavendish. During the following years he served in the Preston, Nassau, Hector, Chichester, Yarmouth, and Leopard; and on 4 Jan. 1727–8 was promoted to be captain of the Squirrel, a small 20-gun frigate. In 1734 he commanded the Portland in the Channel, and in 1738 the Salisbury, one of the ships which went to the Mediterranean with Sir Chaloner Ogle [q. v.] in 1739. In September 1740 he was appointed to the Prince of Orange, one of the fleet which sailed with Ogle for the West Indies, but, being disabled in a storm, put into Lisbon for repairs before proceeding. In June 1741 he was moved by Vernon into the Chichester, and returned to England with Commodore Richard Lestock [q. v.]; he was then moved to the Princess Caroline, which he took out to the Mediterranean. The Princess Caroline was an 80-gun three-decker, a class of ships generally condemned as so crank that they could seldom open their lower-deck ports. The Princess Caroline was unable to do so in the action off Toulon on 11 Feb. 1743–4; ‘her captain,’ Mathews wrote, ‘whose conduct and behaviour proves him to be a very good officer, was obliged to scuttle the deck to vent the water, she took it in so fast.’ At the court-martial afterwards held on Admiral Richard Lestock [q. v.], Osborn deposed that in his opinion it was Lestock's neglect to get into station on the evening of the 10th and during the night that was a principal cause of the miscarriage.

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210 become his friend. Through his noble rival, that is—(to make our reader's 'surety doubly sure')—through Lord Mauleverer, he had acquired his first lucrative office, a certain patronage from government, and his seat in parliament. If he had persevered at the Bar, rather than given himself entirely to state intrigues, it was only because his talents were eminently more calculated to advance him in the former path to honour, than in the latter. So devoted was he become to public life, that he had only permitted himself to cherish one private source of enjoyment,—his son. As no one, not even his brother, knew he had been married,—(during the two years of his disguised name, he had been supposed abroad,)—the appearance of this son made the only piece of scandal whispered against the rigid morality of his fair fame; but he himself, waiting his own time for avowing a legitimate heir, gave out that it was the orphan child of a dear friend whom he had known abroad; and the puritan demureness not only of life, but manner, which he assumed, gained a pretty large belief to the statement. This son Brandon idolized. As we have represented himself to

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Rh men are commonly fond of their children, beyond the fondness of other sires. The perpetual reference the ambitious make to posterity, is perhaps the main reason. But Brandon was also fond of children generally, philo-progenitiveness was a marked trait in his character, and would seem to belie the hardness and artifice belonging to that character, were not the same love so frequently noticeable in the harsh and the artificial. It seems as if a half-conscious but pleasing feeling, that they too were once gentle and innocent, make them delight in reviving any sympathy with their early state.

Often after the applause and labour of the day, Brandon would repair to his son's chamber, and watch his slumber for hours; often before his morning toil commenced, he would nurse the infant in his arms with all a woman's natural tenderness and gushing joy. And often, as a graver and more characteristic sentiment stole over him, he would mentally say,—"You shall build up our broken name on a better foundation than your sire. I begin too late in life, and I labour up a painful and stony road; but I shall make the

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212 journey to Fame smooth and accessible for you. Never, too, while you aspire to honour, shall you steel your heart to tranquillity. For you, my child, shall be the joys of home and love, and a mind that does not sicken at the past, and strain, through mere fretfulness, towards a solitary and barren distinction for the future. Not only what your father gains, you shall enjoy, but what has cursed him, his vigilance shall lead you to shun!"

It was thus not only that his softer feelings, but all the better and nobler ones which, even in the worst and hardest bosom, find some root, turned themselves towards his child; and that the hollow and vicious man promised to become the affectionate and perhaps the wise parent.

One night, Brandon was returning home from a ministerial dinner. The night was frosty and clear, the hour was late, and his way lay through the longest and best lighted street of the metropolis. He was, as usual, buried in thought, when he was suddenly aroused from his reverie by a light touch laid on his arm. He turned, and saw one of the unhappy persons who haunt the

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Rh streets of cities, standing right before his path. The gaze of each fell full upon the other; and it was thus, for the first time since they laid their heads on the same pillow, that the Husband met the Wife. The skies were intensely clear,, and the lamp-light was bright and calm upon the faces of both. There was no doubt in the mind of either. Suddenly, and with a startled and ghastly consciousness, they recognised each other. The wife staggered, and clung to a post for support: Brandon's look was calm and unmoved. The hour that his bitter and malignant spirit had yearned for was come: his nerves expanded in a voluptuous calmness, as if to give him a deliberate enjoyment of his hope fulfilled. Whatever the words that, in that unwitnessed and almost awful interview, passed between them, we may be sure that Brandon spared not one atom of his power. The lost and abandoned wife returned home, and all her nature, embruted as it had become by guilt and vile habits, hardened into revenge, that preternatural feeling which may be termed the hope of despair.

Three nights from that meeting, Brandon's

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214 house was broken into. Like the houses of many legal men, it lay in a dangerous and thinly-populated outskirt of the town, and was easily accessible to robbery. He was awakened by a noise: he started, and found himself in the grasp of two men. At the foot of the bed stood a female, raising a light, and her face, haggard with searing passions, and ghastly with the leprous whiteness of disease and approaching death, glared full upon him.

"It is now my turn," said the female, with a grin of scorn which Brandon himself might have envied—"you have cursed me, and I return the curse! You have told me that my child shall never name me but to blush. Fool! I triumph over you: you he shall never know to his dying-day! You have told me, that to my child and my child's child (a long transmission of execration), my name—the name of the wife you basely sold to ruin and to hell, should be left as a legacy of odium and shame! Man, you shall teach that child no farther lesson whatever: you shall know not whether he live or die, or have children to carry on your boasted race; or whether, if he have,

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Taoist teachings from the book of Lieh Tzŭ

Contents

 * Introduction
 * The Book of Lieh-Tzŭ:
 * Book I. Cosmogony
 * Book II. The Yellow Emperor
 * Book III. Dreams
 * Book IV. Confucius
 * Book V. The Questions of T'ang
 * Book VI. Effort and Destiny
 * Book VII. Causality


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Taoist teachings from the book of Lieh Tzŭ/Introduction

Introduction
The history of Taoist philosophy may be conveniently divided into three stages: the primitive stage, the stage of development, and the stage of degeneration. The first of these stages is only known to us through the medium of a single semi-historical figure, the philosopher Lao Tzŭ, whose birth is traditionally assigned to the year 604 B.C. Some would place the beginnings of Taoism much earlier than this, and consequently regard Lao Tzŭ rather as an expounder than as the actual founder of the system; just as Confucianism — that is, a moral code based on filial piety and buttressed by altruism and righteousness — may be said to have flourished long before Confucius. The two cases, however, are somewhat dissimilar. The teachings of Lao Tzŭ, as preserved in the Tao Tê Ching, are not such as one can easily imagine being handed down from generation to generation among the people at large. The principle on which they are based is simple enough, but their application to everyday life is surrounded by difficulties. It is hazardous to assert that any great system of philosophy has sprung from the brain of one man; but the assertion is probably as true of Taoism as of any other body of speculation.

Condensed into a single phrase, the injunction of Lao Tzŭ to mankind is, 'Follow Nature.' This is a good practical equivalent for the Chinese expression, 'Get hold of Tao', although 'Tao' does not exactly correspond to the word Nature, as ordinarily used by us to denote the sum of phenomena in this ever-changing universe. It seems to me, however, that the conception of Tao must have been reached, originally, through this channel. Lao Tzŭ, interpreting the plain facts of Nature before his eyes, concludes that behind her manifold workings there exists an ultimate Reality which in its essence is unfathomable and unknowable, yet manifests itself in laws of unfailing regularity. To this Essential Principle, this Power underlying the sensible phenomena of Nature, he gives, tentatively and with hesitation, the name of Tao, 'the Way', though fully realizing the inadequacy of any name to express the idea of that which is beyond all power of comprehension.

A foreigner, imbued with Christian ideas, naturally feels inclined to substitute for Tao the term by which he is accustomed to denote the Supreme Being — God. But this is only admissible if he is prepared to use the term 'God' in a much broader sense than we find in either the Old or the New Testament. That which chiefly impresses the Taoist in the operations of Nature is their absolute impersonality. The inexorable law of cause and effect seems to him equally removed from active goodness or benevolence on the one hand, and from active evil, or malevolence on the other. This is a fact which will hardly be disputed by any intelligent observer. It is when he begins to draw inferences from it that the Taoist parts company from the average Christian. Believing, as he does, that the visible Universe is but a manifestation of the invisible Power behind It, he feels justified in arguing from the known to the unknown, and concluding that, whatever Tao may be in itself (which is unknowable), it is certainly not what we understand by a personal God — not a God endowed with the specific attributes of humanity, not even (and here we find a remarkable anticipation of Hegel) a conscious God. In other words, Tao transcends the illusory and unreal distinctions on which all human systems of morality depend, for in it all virtues and vices coalesce into One.

The Christian takes a different view altogether. He prefers to ignore the facts which Nature shows him, or else he reads them in an arbitrary and one-sided manner. His God, if no longer anthropomorphic, is undeniably anthropopathic. He is a personal Deity, now loving and merciful, now irascible and jealous, a Deity who is open to prayer and entreaty. With qualities such as these, it is difficult to see how he can be regarded as anything but a glorified Man. Which of these two views — the Taoist or the Christian — it is best for mankind to hold, may be a matter of dispute. There can be no doubt which is the more logical.

The weakness of Taoism lies in its application to the conduct of life. Lao Tzŭ was not content to be a metaphysician merely, he aspired to be a practical reformer as well. It was man's business, he thought, to model himself as closely as possible on the great Exemplar, Tao. It follows as a matter of course that his precepts are mostly of a negative order, and we are led straight to the doctrine of Passivity or Inaction, which was bound to be fatally misunderstood and perverted. Lao Tzŭ's teaching has reached us, if not in its original form, yet in much of its native purity, in the Tao Tê Ching. One of the most potent arguments for the high antiquity of this marvellous little treatise is that it shows no decided trace of the corruption which is discernible in the second of our periods, represented for us by the writings of Lieh Tzŭ and Chuang Tzŭ. I have called it the period of development because of the extraordinary quickening and blossoming of the buds of Lao Tzŭ's thought in the supple and imaginative minds of these two philosophers. The canker, alas! is already at the heart of the flower; but so rich and luxuriant is the feast of colour before us that we hardly notice it as yet.

Very little is known of our author beyond what he tells us himself. His full name was Lieh Yü-k'ou, and it appears that he was living in the Chêng State not long before the year 398 B.C., when the Prime Minister Tzŭ Yang was killed in a revolution (see Book VII). He figures prominently in the pages of Chuang Tzŭ, from whom we learn that he could 'ride upon the wind'. On the insufficient ground that he is not mentioned by the historian Ssu-ma Ch'ien, a certain critic of the Sung dynasty was led to declare that Lieh Tzŭ was only a fictitious personage invented by Chuang Tzŭ, and that the treatise which passes under his name was a forgery of later times. This theory is rejected by the compilers of the great Catalogue of Ch'ien Lung's Library, who represent the cream of Chinese scholarship in the eighteenth century. Although Lieh Tzŭ's work has evidently passed through the hands of many editors and gathered numerous accretions, there remains a considerable nucleus which in all probability was committed to writing by Lieh Tzŭ's immediate disciples, and is therefore older than the genuine parts of Chuang Tzŭ. There are some obvious analogies between the two authors, and indeed a certain amount of matter common to both; but on the whole Lieh Tzŭ's book bears an unmistakable impress of its own. The geniality of its tone contrasts with the somewhat hard brilliancy of Chuang Tzŭ, and a certain kindly sympathy with the aged, the poor and the humble of this life, not excluding the brute creation, makes itself felt throughout. The opposition between Taoism and Confucianism is not so sharp as we find it in Chuang Tzŭ, and Confucius himself is treated with much greater respect. This alone is strong evidence in favour of the priority of Lieh Tzŭ, for there is no doubt that the breach between the two systems widened as time went on. Lieh Tzŭ's work is about half as long as Chuang Tzŭ's, and is now divided into eight books. The seventh of these deals exclusively with the doctrine of the egoistic philosopher Yang Chu, and has therefore been omitted altogether from the present selection.

Nearly all the Taoist writers are fond of parables and allegorical tales, but in none of them is this branch of literature brought to such perfection as in Lieh Tzŭ, who surpasses Chuang Tzŭ himself as a master of anecdote. His stories are almost invariably pithy and pointed. Many of them evince not only a keen sense of dramatic effect, but real insight into human nature. Others may appear fantastic and somewhat wildly imaginative. The story of the man who issued out of solid rock (Book II) is a typical one of this class. It ends, however, with a streak of ironical humour which may lead us to doubt whether Lieh Tzŭ himself really believed in the possibility of transcending natural laws. His soberer judgment appears in other passages, like the following: 'That which has life must by the law of its being come to an end; and the end can no more be avoided than the living creature can help having been born. So that he who hopes to perpetuate his life or to shut out death is deceived in his calculations.' That leaves little doubt as to the light in which Lieh Tzŭ would have regarded the later Taoist speculations on the elixir of life. Perhaps the best solution of the problem is the theory I have already mentioned: that the 'Lieh Tzŭ' which we possess now, while containing a solid and authentic core of the Master's own teaching, has been overlaid with much of the decadent Taoism of the age that followed.

Of this third period little need be said here. It is represented in literature by the lengthy treatise of Huai-nan Tzŭ, the spurious episodes in Lieh Tzŭ and Chuang Tzŭ, and a host of minor writers, some of whom tried to pass off their works as the genuine relics of ancient sages. Chang Chan, an officer of the Banqueting Court under the Eastern Chin dynasty (fourth century A.D.), is the author of the best commentary on Lieh Tzŭ; extracts from it, placed between inverted commas, will be found in the following pages. In the time of Chang Chan, although Taoism as a philosophical system had long run its course, its development into a national religion was only just beginning, and its subsequent influence on literature and art is hardly to be over-estimated. It supplied the elements of mystery, romance and colour which were needed as a set-off against the uncompromising stiffness of the Confucian ideal. For reviving and incorporating in itself the floating mass of folklore and mythology which had come down from the earliest ages, as well as for the many exquisite creations of its own fancy, it deserves the lasting gratitude of the Chinese people.


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Rh those children be not the outcasts of the earth—the accursed of man and God—the fit offspring of the thing you have made me. Wretch! I hurl back on you the denunciation with which, when we met three nights since, you would have crushed the victim of your own perfidy. You shall tread the path of your ambition childless, and objectless, and hopeless. Disease shall set her stamp upon your frame. The worm shall batten upon your heart. You shall have honours, and enjoy them not: you shall gain your ambition, and despair: you shall pine for your son, and find him not; or, if you find him, you shall curse the hour in which he was born. Mark me, man—I am dying while I speak—I know that I am a prophet in my curse. From this hour I am avenged, and you are my scorn!"

As the hardest natures sink appalled before the stony eye of the maniac, so, in the dead of the night, pinioned by ruffians, the wild and solemn voice (sharpened by passion and partial madness,) of the ghastly figure before him curdling through his veins, even the haughty and daring character of William Brandon quailed! He uttered not a

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