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112 under the shade of a fern tree. The explorers found themselves at the base of a range of hills covered with timber, which were succeeded by yet higher ranges, until in the extreme distance the craggy peaks of mountains were seen capped with snow. Hitherto they had passed over low undulating thinly timbered land, and the contrast afforded by the prospect before them was very great. To penetrate the unknown region bid fair to tax all their energies as well as patience, but there was the attraction of novelty; so that when they deliberated upon which course to take, it was unanimously determined that an endeavour should be made to penetrate through the scrub, which stood like a barrier betwixt them and the distant hills.

"In all cases of difficulty" said Dodge, "there's nothing like a pipe of tobacco: it affords a man opportunity for thought. Now I am in doubt where we had best strike into the scrub, so we will smoke over it." He was soon enveloped in fragrant clouds from his pipe, which was quite an antiquity. "Really," he said, between the puffs, "the way some smoke in this country is dreadful—moderation in all things, I say. I take one pipe the first thing in the morning to destroy the effects of the night dews, one or two after breakfast to fit me for my day's work, two or three after dinner to promote digestion, and a few after I have turned in at night to keep off mosquitoes. A man can scarcely be more moderate than that, I think." Whatever his friends might have thought, they did not feel disposed to dispute the proposition.

After Dodge had been silent for a short time, he exclaimed, "We must go through it;" and depositing the pipe in his pouch, he flourished his tomahawk, and, joined by Hugh and Slinger, they commenced a vigorous attack upon the part of the scrub which seemed most likely to give way under their exertions. After working for several hours most energetically they

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 found there was no indication of the scrub getting more practicable, but rather the reverse. Dodge was too true a bushman to allow himself to be beaten by any ordinary impediments, but his experience satisfied him that they had made their attempt at an unfortunate point. In this dilemma he again had recourse to his pipe. "There is nothing for it I'm afraid," he said, "but to turn back. I like going ahead, but we must knock under for the present. We will camp upon the plains tonight, and try what is to be done tomorrow." They soon retraced the ground they had experienced so much difficulty in gaining, and once more found themselves, not much improved in appearance, in open country. Here Dodge set to work with scarcely less energy than he had hitherto displayed, to erect a shelter for the night, as there were indications of rain. Setting two stout forked sticks in the ground about ten feet apart, he rested a long pole upon them, thus forming a kind of roof-tree; then he stripped some sheets of bark, about eight feet in length and from two to three feet broad, and rested them in a horizontal position against the pole, lapping the edge of each sheet over the other; a pile of branches from the neighbouring trees were placed at either end of this primitive structure; a large heap of dried wood was collected; and then Dodge expressed a fervent wish that all the world was as well off as themselves: "but there is one drawback," he said, "to this delightful building site:—where can we get fresh water?" It was true, they had sufficient to serve for the evening, but from whence were they to draw their supply for the ensuing day? Dodge was prepared: he knew, after looking into the sky, now quite overcast, and listening to the low sighing of the wind through the fibre-like foliage of the she-oak trees.

In the course of the day Lady had killed a bandicoot, of which Dodge possessed himself, and whilst the adventurers were

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114 enjoying their tea and damper, the dog was by no means badly provided with food.

Soon after nightfall, the fatigues they had undergone began to tell upon the wanderers. Without divesting themselves of their clothes, they were but too glad to make such other preparations for comfortably reposing as circumstances permitted. In consideration of the hard usage Lady had recently undergone, she was permitted to rest under the same shelter as her master, and it was not long before all were wrapped in profound sleep.

After the lapse of some hours, one of a party of five men approached the sleepers noiselessly: he was heavily armed. By the light of the fire he examined their forms, and was retiring, apparently satisfied with his scrutiny, when his attention appeared to be suddenly arrested; a slight breeze had blown up a momentary flame, but it was sufficiently lasting to illuminate Raymond's features, and to strike something like terror into the heart of his contemplator. Scarcely daring to look again, he fell back and joined his companions, who remained at a short distance.

These men were a part of Bayley's (the bushranger's) gang, who, finding the Sydney side was scoured by the troops and police, had unconsciously followed the same route as their late leader, with the view of seizing a boat or vessel in Westernport and escaping. Their object was to procure a good supply of provisions, and to sail to one of the numerous islands in Bass's Straits.

"Why you look as if you'd seen the devil," said one.

"And supposing I were to tell you I had: what then?"

"The only remark I should have to offer," said the first speaker, "would be, that we are giving ourselves unnecessary trouble; he generally looks after us, not we after him. But can you see any stores there? if there are, we must have them

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 if it cost us a fight—devil or no devil, it's all one to hungry men."

"No: I saw no stores," said the man who, for the present, we shall call the Scout: "but I saw a face there, which by some strange fascination, reminded me of a gallows."

"Some of our own kidney?" inquired the other.

"No: not so. The gallows I thought of was for myself."

"You white-livered coward," said the first, "you are fit for nothing but the gallows: it will be only a natural death for you. Tell me what makes your flesh tremble on your bones and the muscles of that ugly parchment face of yours twitch as if the rope was already round your neck."

"Don't talk so loud nor so disagreeably," said the Scout, "one sleeps not far off who would hang us all."

This information was not received without surprise.

"He can," repeated the Scout, "if we leave him the chance. His father helped to transport me. I should like to see him shot, and should not mind doing it myself just to get my hand in," and his voice trembled as he spoke.

"Bravo! old parchment face," said the one who had taunted him with cowardice: "shoot him from behind, lest his gallows face should spoil your aim."

After the conversation already narrated, they fell back some distance from the sleepers, but the Scout returned by himself.

Dodge was at all times a light sleeper, and it happened that he had turned out to make up the fire, when he detected the sound of human voices floating down upon the night air. With a mind more alive to bailiffs than bushrangers, he left the fire untouched and crawled to a tree a few yards away from his sleeping-place, where the glare of the embers did not interfere with his scrutiny of surrounding objects. He had not long

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116 held his position before he detected the figure of a man emerging from the darkness, apparently making for the same tree; in a short time he reached it, and looking intently upon the sleepers, he partly raised his weapon, but seemed unable to proceed further in his purpose; at length Dodge saw the muzzle of the piece taking a line in the direction of Raymond's head. As quick as thought, with one hand he struck the weapon up, and with the other seized its bearer by the throat, dragging him towards the little light afforded by the embers. The scuffling awoke the sleepers, who started on their legs in time to see the Scout kicked off his, and Dodge, still holding him by the throat, threw himself with all his weight upon the body of his nearly exhausted antagonist. "Aha! my chicken" he said, after gathering breath a little, "is shooting gentlemen a favourite sport of your's?" But the scout's powers of utterance were confined to a low moaning, although the grasp upon his throat was loosened. "Make a blaze," said Dodge, "light some dried leaves; bear a hand, and strip up a blanket; we will secure our friend here while he is quiet." Before his instructions could be carried into effect, the Scout partially recovered and evinced a disposition to regain his liberty.

"Listen to me," said Dodge, grasping his gun, "there ain't two ways about me; I say, and I do. You are my prisoner, made so just in time to save you from murdering my friend. Now," he said, cocking his piece, "you hear that—the snap's up: attempt to get upon your legs, and the snap will be down, and so you will be, for I'll shoot you with as little compunction as I would a wild dog."

It was some time before the prisoner was effectually secured: this was done by wrapping him tightly in strips of blanket; during the performance of which operation Dodge consoled him

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 by telling him he would surely be hanged.—"You will swing," said he, "as sure as a gun—in fact, much surer than that old iron tube of your's."

"Just light some leaves, lads, and let us see this fellow's face."

A blaze was soon made, and the surprise of Raymond was extreme when it lighted up the horror-stricken features of the felon-lawyer Jarrol.

He was in the midst of explaining to his companions the reason of his confusion, when they were all rendered speechless by hearing a voice close by them exclaim "On your lives don't move a limb."

All eyes were bent upon the figure of a tall man who stood before them, his gun levelled and within a few feet of their heads. Hugh and Slinger had no difficulty in recognising the form and features of Bayley. Stooping down, yet still prepared for immediate action, he raised the prostrate Jarrol and lifting him upon one of his shoulders, he stalked away into the darkness, with his face still bent upon the wonder-stricken travellers. It was not before his form was nearly lost in the gloom that Dodge seized a gun and was preparing to follow, but he was restrained by Slinger.—"That fellow deserves all his luck," he said, "bushranger or whatever he is, who ventured so much to save a comrade."

"I should like to have picked off the lawyer for all that," said Dodge.

It becomes necessary for us to explain the causes which bring Bayley again before our readers.

When the bailiff succeeded in escaping from the scrub, which he did at an angle of the creek contiguous to Bayley's tree, it is not surprising that the watchful eye of the bush-ranger, who still found it convenient to occupy his old

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Page:Spanish Constitution of 1978 English translation.pdf/55

 Section 130

1. The public authorities shall promote the modernization and development of all economic sectors and, in particular, of agriculture, livestock raising, fishing and handicrafts, in order to bring the standard of living of all Spaniards up to the same level.

2. For the same purpose, special treatment shall be given to mountain areas.

Section 131

1. The State shall be empowered to plan general economic activity by an act in order to meet collective needs, to balance and harmonize regional and sectorial development and to stimulate the growth of income and wealth and their more equitable distribution.

2. The Government shall draft planning projects in accordance with forecasts supplied by Self-governing Communities and with the advice and cooperation of unions and other professional, employers' and financial organizations. A council shall be set up for this purpose, whose membership and duties shall be laid down by the law.

Section 132

1. The law shall lay down the rules governing public and communal property, on the basis that it shall be inalienable, exempt from prescription and seizure, and it shall also provide for the case of disaffectation from public purpose.

2. Assets under the State's public property shall be those established by law and shall, in any case, include the foreshore beaches, territorial waters and the natural resources of the exclusive economic zone and the continental shelf. 59


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118, soon discovered that the subject of his observation was in a state of bewilderment, and utterly lost as to the direction he should follow. As he advanced towards him, the bailiff was only too glad to recognise the form of a human being. After he had partaken of some food, and recounted his adventures with the imaginary bushrangers, Bayley put him in the right direction for Melbourne and left him.

Thinking the bushrangers the bailiff had spoken of might be a portion of his own gang, and finding how utterly hopeless his chances of escape alone were, he determined, in preference to the miserable life he had lately led, to endeavour to find them, and then to concert together a plan of operations. After walking some miles, he discovered the trail of five men, and following it up vigorously, he found himself ere long in the neighbourhood, not only of the bushrangers, but also of a party of white men.

It was whilst in ambush near that he discovered the latter had made a prisoner of one of the gang, and he determined to attempt a rescue, conceiving that whoever he might be, he should bind him in such ties of gratitude, that he would be a wretch indeed to prove unfaithful. We have seen with what daring his design was executed.

It was not until Jarrol had been borne some distance, and was released from his bonds, that the rescuer and the rescued recognised each other, and when they did, it afforded Bayley but little satisfaction. "I have saved you from swinging," he said, "I ask only good faith in return."

Jarrol had commenced a speech full of protestations of gratitude, but he was stopped by Bayley.

"I want it in actions not in words, we may be of service to each other."

As soon as Jarrol explained the views he and his

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 entertained in coming to Westernport, Bayley's original design was confirmed; he would escape with them.

"Have they heard anything of a reward for my apprehension, and yours, or any of the gang?"

"We heard something of the kind, but what is offered?"

"Two hundred pounds and a free pardon to any man turning traitor. Do you think there are any in the band who would sell me or others so cheaply?"

"I think we are quite safe so far as that goes."

"Then if the object of my men is only to escape, I will lead them again, but if to plunder, no."

"You are conscientious," said Jarrol, "I hope to have your assistance yet in transacting a little business before we leave this part of the country."

"What may it be?" said Bayley.

"A mere trifle, I have a score to settle with one of those fellows from whom you rescued me."

"I will not injure him, and you shall not," said Bayley with energy, "let me hear no more about it if you value my good will."

"I shall not, who will prevent me?"

"I will."

"Indeed!"

"Yes, Jarrol," Bayley said in an impressive tone, "I will never permit it, and in cold blood too! Have you so soon forgotten your escape from the gallows? "

"Well, Captain Bayley," said Jarrol, "you have earned my gratitude, and you shall have it."

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 3. The State's Domain and the National Heritage, as well as their administration, protection and preservation, shall be regulated by law.

Section 133

1. The primary power to raise taxes is vested exclusively in the State by means of law.

2. Self-governing Communities and local Corporations may impose and levy taxes, in accordance with the Constitution and the laws.

3. Any fiscal benefit affecting State taxes must be established by virtue of law.

4. Public Administrations may only contract financial liabilities and incur expenditures in accordance with the law.

Section 134

1. It is incumbent upon the Government to draft the State Budget and upon the Cortes Generales to examine, amend and adopt it.

2. The State Budget shall be drafted annually and shall include the entire expenditure and income of the State public sector and a specific mention shall be made of the amount of the fiscal benefits affecting State taxes.

3. The Government must submit the draft State Budget to the Congress at least three months before the expiration of that of the previous year.

4. If the Budget Bill is not passed before the first day of the corresponding financial year, the Budget of the previous financial year shall be automatically extended until the new one is approved.

5. Once the Budget Bill has been adopted, the Government may submit bills involving increases in public expenditure or decreases in the revenue corresponding to the same financial year. 60


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 6. Any non-governmental bill or amendment which involves an increase in appropriations or a decrease in budget revenue shall require previous approval by the Government before its passage.

7. The Budget Act may not establish new taxes. It may modify them, wherever a tax law of a substantive nature so provides.

Section 135

1. The Government must be authorised by law in order to issue Public Debt bonds or to contract loans.

2. Loans to meet payment on the interest and capital of the State's Public Debt shall always be deemed to be included in budget expenditure and may not be subject to amendment or modification as long as they conform to the terms of issue.

Section 136

1. The Auditing Court is the supreme body charged with auditing the State's accounts and financial management, as well as those of the public sector.

It shall be directly accountable to the Cortes Generales and shall discharge its duties by delegation of the same when examining and verifying the General State Accounts.

2. The State Accounts and those of the State's public sector shall be submitted to the Auditing Court and shall be audited by the latter.

The Auditing Court, without prejudice to its own jurisdiction, shall send an annual report to the Cortes Generales informing them, where applicable, of any infringements that may, in its opinion, have been committed, or any liabilities that may have been incurred.

3. Members of the Auditing Court shall enjoy the same independence and fixity of 61


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120

We need scarcely say, that after the adventure we have narrated, sleep forsook the little party with whom we have more particularly to deal. The sudden appearance and disappearance of Jarrol seemed almost like a dream, and the explorers would willingly have resigned the object which had brought them into the part of the country where they found themselves, had their more experienced companion held out the least hope of a successful pursuit; but the rain which had threatened on the previous evening now poured down in torrents, so as effectually to obliterate every track which the disturbers of their last night's slumbers were likely to leave behind them, they therefore determined, as soon as the weather cleared, on prosecuting the search for a station amongst the hills.

"Now, my boys!" said Dodge, "we must collect some tea-water while the rain lasts, and I'll show you how to set to work." Taking out a moderately clean towel and a tin pot from his budget, he walked amongst the wet grass trailing the towel after him, and when it was sufficiently saturated for his purpose he wrung it carefully into the pot; after many repetitions of the same process he returned to the fire with about a pint of very doubtful looking water. "You see," he said, "I would willingly share it with you; but may be, as you are young bush men, you would find it more agreeable to use your own towels."

Neither Hugh nor Slinger were yet sufficiently thirsty to have recourse to the plan they had seen practised, but they collected some water by catching it as it trickled from the pieces of bark which served them as a shelter from the weather. Dodge suggested that as they would find the water they had

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Rh ity have they, as nations, exhibited? Eternal warfare! — is that Christianity? Yet that is the history of Christian Europe. The most subtle or absurd pretences to seize upon each other's possessions, — the contempt of all faith in treaties, — the basest policy, — the most scandalous profligacy of public morals, — the most abominable international laws! — are they Christianity? And yet they are the history of Europe. Nations of men selling themselves to do murder, that ruthless kings might ravish each other's crowns — nations of men, standing with jealous eyes on the perpetual watch against each other, with arms in their hands, oaths in their mouths, and curses in their hearts; — are those Christian? Yet there is not a man acquainted with the history of Europe that will even attempt to deny that that is the history of Europe. For what are all our international boundaries; our lines of demarcation; our frontier fortresses and sentinels; our martello towers, and guard-ships; our walled and gated cities; our bastions and batteries; and our jealous passports? These are all barefaced and glaring testimonies that our pretence of Christianity is a mere assumption; that after upwards of a thousand years of the boasted possession of Christianity, Europe has not yet learned to govern itself by its plainest precepts; and that her children have no claim to, or reliance in that spirit of "love which casteth out all fear." It is very well to vaunt the title of Christian one to another — every nation knows in its own soul, it is a hollow pretence. While it boasts of the Christian name, it dare not for a moment throw itself upon a Christian faith in its neighbour. No! centuries of the most unremitted hatred, — blood poured over every plain of


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 procured was not drinkable, they might indulge in a wash, and then follow his example, or they would have to start without a breakfast. Even the dog Lady refused the water. Both in appearance and smell it strongly resembled the liquid usually found in tan-pits; in truth, from the manner in which it was procured there is little doubt that it bore a nearer similitude than simply in appearance.

"Now really," said Dodge, as Slinger was making a desperate effort to taste it, "you had better not: I usually take such stuff as that for physic, of which I have only two sorts; one is the juice from the bark of the gum tree, and the other sea water, half-a-pint to a dose. But you may rely upon it, the best stuff to make tea of, when you are hard up, is rain water filtered through a snow-white towel. Now try it, do: there's nothing like it. Come, taste mine, it's capital." But our friends were not quite bushmen enough for that. "Well," said Dodge, "I shall bottle some, and advise you to do the same, in case we should not fall in with a stream today."

As animal food formed no part of their stores, and the rain ceasing, it was considered advisable to try the neighbourhood for a kangaroo or wallaby before finally bidding adieu to the plains. The intelligent Lady appeared to be quite aware of the necessity of providing for the future, and she was most obedient to her master's commands. Very suddenly Dodge came to a halt, and calling her to his side, desired his friends to look at the picture before them. It was some minutes before they espied several kangaroos feeding quietly in an open space about two hundred yards distant. Giving directions to his friends to conceal themselves in the grass, Dodge retreated, still watching every movement of the animals, until he reached a neighbouring tree. Plucking some small branches which he arranged so as to form a screen, easily carried before him

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4 Europe, and sprinkled on its very mountain tops, cry out too dreadfully, that it is a dismal cheat. Wars, the most savage and unprovoked; oppressions, the most desperate; tyrannies, the most ruthless; massacres, the most horrible; death-fires, and tortures the most exquisite, perpetuated one on another for the faith, and in the very name of God; dungeons and inquisitions; the blood of the Vaudois, and the flaming homes of the Covenanters are all in their memories, and give the lie to their professions. No! Poland rent in sunder; the iron heel of Austria on the prostrate neck of Italy; and invasions and aggressions without end, make Christian nations laugh with a hollow mockery in their hearts, in the very midst of their solemn professions of the Christian virtue and faith.

But I may be told that this character applies rather to past Europe than to the present. What! are all these things at an end? For what then are all these standing armies? What all these marching armies? What these men-of-war on the ocean? What these atrocities going on from year to year in Spain? Has any age or nation seen such battles waged as we have witnessed in our time? How many can the annals of the earth reckon? What Timour, or Zenghis Khan, can be compared to the Napoleon of modern Europe? the greatest scourge of nations that ever arose on this planet; the most tremendous meteor that ever burnt along its surface! Have the multitude of those who deem themselves the philosophical and refined, as well as the Christian of Europe, ceased to admire this modern Moloch, and to forget in his individual and retributory sufferings at St. Helena, the countless agonies and the measureless


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 with one hand, he advanced upon his prey, in a direction favourable for the accomplishment of his purpose, and had nearly reached within gunshot, when a slight shifting of the breeze warned the sensitive animals of approaching danger: they ceased to feed, and appeared uneasy and watchful. These signs were not lost upon the wary old bushman, who remained stationary for some minutes, when a further variation of the wind came kindly to his aid, and he again advanced. As soon as he had reached within gun-shot, he dropped the screen of leaves, and the next moment the report of his gun was heard echoing amongst the neighbouring hills. The result of the shot was soon manifest, for a large old man kangaroo, badly wounded, was seen struggling with Dodge and his dog; the latter had fixed her teeth in her adversary's neck, whilst her master had seized its tail, and both were being dragged and jerked about in a most unceremonious manner, without much opportunity of making any resistance. The two friends reaching the scene of action, soon changed the aspect of affairs, and increased the prospect of a substantial meal. The kangaroo, confused amongst its numerous foes, before long afforded an opportunity which Dodge quickly embraced. Drawing his knife, with one sweep of his arm he separated the ham-strings of his antagonist, and laid him powerless at his feet; once there, he was soon dispatched, and a quarter of an hour sufficed for cutting him up, and each man bore off a share of the booty.

"I could tell you a story, and a true one too," said Dodge, "only I'm afraid you are tired of hearing me talk so much about myself, tho' for the matter of that, what else can a man be expected to talk about when he has had very little company but himself for half his life." As Dodge found his companions willing to listen, he commenced his story.

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136 single walk, how beneficial must be that of habitual exercise, upon the condition both of mind and body!

Were it possible for human calculation to sum up all the evils resulting from want of exercise, the catalogue would be too appalling. All those disorders which in common parlance, and for want of a more definite and scientific name, are called bilious—and, truly, their name is legion—are mainly to be attributed to this cause. All head-aches, want of appetite, pains under the shoulders, side-ache, cold feet, and irregular circulation, provided there is no positive disease, might, in time, be remedied by systematic attention to exercise. Of its effect upon the temper, and the general tone of the mind, we have yet to speak; but certain I am, that no actual calamity inflicted upon woman, ever brought with it more severe or extended sufferings, than those which result from the habitual neglect of exercise.

My next rule is—to retire early to rest. Wherever I meet with a pale, melancholy young woman, highly nervous, easily excited, unequal in her temper; in the early part of the day languid, listless, discontented, and fit for nothing; but when evening comes on, disposed for conversation, brisk and lively; I feel morally certain, that such a one is in the habit of sitting up late—perhaps of making herself extremely interesting to her friends beside the midnight fire; but I know also, that such a one is eminently in danger of having recourse to stimulants to keep up the activity of her mind; and that during more than half her life—during the morning, that most valuable portion of every day—she is of little value to society; and well will it be for her friends and near connexions, if her listlessness and discontent do not render her companionship worse than valueless to them.

My next rule is to eat regularly, so far as it can be done conveniently to others—at regular times, and in regular quantities; and this I believe to be of more consequence

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Rh than to be very particular about the nature of the food partaken of, provided only it is simple and nutritious. I know that with a sickly appetite, or where the constitution is under the influence of disease, it is impossible to do this; but much may be done while in a state of health, by striving against that capricious abstinence from food, especially in the early part of the day, which by certain individuals is thought rather lady-like and becoming. I doubt not but this may be the case, so far as it is becoming to look pale, and lady-like to be the object of attention—to be pleaded with by kind friends, and pitied by strangers: but the wisdom and the utility of this system is what I am not the less disposed to call in question.

It is a great evil in society, that the necessary act of eating is looked upon too much as a luxury, and an indulgence. If we regarded it more as a simple act, the frequent recurrence of which was rendered necessary by the absolute wants of the body, we should be more disposed to consider the proper regulation of this act, as a duty within our power to neglect or attend to. We should consequently think little of each particular portion of food set before us, and the business of eating would then be despatched as a regular habit, attention to which could afford no very high degree of excitement or felicity, while at the same time it could not be neglected without serious injury.

My next rule is, to dress according to the season ; a rule so simple and so obvious in its relation to health, as to need no comment.

Thus far my remarks have applied only to the subject of health, where it is enjoyed. The loss of health is a theme of far deeper interest, as it separates us from many of the enjoyments of this world, and brings us nearer to the borders of the world which is to come.

It is a remarkable feature in connexion with the

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text:
Author:Frederick Edward Hulme

Works

 *  Plant Form, 1868
 * Familiar Wild Flowers, 1878–1905, ninth volume posthumous
 * Suggestions in Floral Design,, 1880
 * The Flags of the World: Their History, Blazonry, and Associations (1896)
 * Wild fruits of the Country-side, 1902
 * Proverb Lore: Many sayings, wise or otherwise, on many subjects, gleaned from many sources, 1902
 * Butterflies and Moths of the Countryside, 1903
 * Wild Flowers in their Seasons, 1907
 * Familiar Swiss flowers, 1908
 * Cryptography: or, The history, principles, and practice of cipher-writing
 * Myth-land
 * Natural History, Lore and Legend; Being some few Examples of quaint and by-gone Beliefs, gathered in from divers Authorities, Ancient and mediaeval, of Varying Degrees of Reliability
 * Plants, their natural growth and ornamental treatment
 * That Rock-garden of Ours
 * The History, Principles, and Practice of Heraldry
 * The History, Principles, and Practice of Symbolism in Christian Art
 * The Town, College, and Neighbourhood of Marlborough

title: Author:Frederick Edward Hulme


text:
The Flags of the World

Plate 1 — Personal Flags—Mediæval Period Plate 2 — Mediæval Banners Plate 3 — Tudor Standards Plate 4 — Pennons Plate 5 — Royal Standards Plate 6 — Street decorations gone wrong Plate 7 — European, Company & Turkish Flags Plate 8 — Military Flags Plate 9 — British & Irish Flags Plate 10 — British Flags Plate 11 — Naval Flags Plate 12 — Shipping Flags Plate 13 — Empire Flags Plate 14 — United States Flags Plate 15 — Flags of the Americas Plate 16 — Flags of South America Plate 17 — French Flags Plate 18 — Spanish, Portuguese, Italian Flags Plate 19 — German, etc. Flags Plate 20 — Russian & Scandinavian Flags Plate 21 — European & Turkish Flags Plate 22 — Various National Flags Plate 23 — Naval Signal Flags Plate 24 — Maritime Signals Plate 25 — Signal Flags of Commercial Shipping Plate 26 — Signal Flags of Ships

title: The Flags of the World


text:
Page:Norwegian Constitution.djvu/31

31

In the offices of the state must only be employed those Norwegian citizens who profess the Evangelical-Lutheran religion, have sworn obedience to the Constitution and the King, speak the language of the country, and

a) either are born in the Kingdom of parents who at that time were subjects of the Kingdom; or

b) are born in foreign countries of Norwegian parents who were not at that time subjects of an other state;

c) or who have at present a steady residence in the Kingdom and have not refused to make the oath to maintain the independence of Norway;

d) or who live in the Kingdom for ten years;

e) or who are naturalized by the National Assembly.

Foreigners, however, may be appointed teachers at the University and the high schools, physicians and consuls on foreign places.

Nobody must be appointed chief magistrate before he is thirty years old, or magistrate, inferior judge and collector of the taxes before he is twenty-five years old.

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text:
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32 A new general civil and criminal law shall be caused to be published by the first, or, if this be not possible, by the second ordinary National Assembly. In the mean time the present laws of the Kingdom shall remain in vigour, as far as they are not inconsistent with this fundamental law or the provisional ordinances which in the mean time might be issued. The present permanent taxes shall likewise remain untill the next National Assembly.

No dispensations, no bilis of protection, no letters of respite or restitutions must be granted after the new general law has been published.

Nobody may be judged but by virtue of a law, or be punished but pursuant to a judgment.

Torture must not be inflicted.

No law must be retroactive.

Perquisites due to the officers of the courts of justice must not be attended with taxes to the treasury.

Nobody must be imprisoned but in cases appointed by the law and in the manner determined by the same. Whoever

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text:
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33 thus, without any reason or sanction of the law, imprisons or detains anybody shall be obiiged to account for it.

An intire liberty of the press shall take place. Nobody must be punished for any writing, of what argument soever, which he has published or caused to be printed, unless he has either willingly and evidently shown himself disobedient to the law or animated others to disobedience against the same, to contempt against religion, morality or the constitutive powers, to resistance against their orders, or uttered false and injurious accusations against anybody.

It is allowed everybody freely to deliver his opinions of government or any other subject.

New and constant restrictions in the liberty of trades must not be allowed to anybody for the future.

Inquiries in private houses are not permitted, unless in criminal cases.

No refuge is allowed to those who turn bankrupts hereafter.

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text:
Page:Norwegian Constitution.djvu/34

34 Lands and moveable heritages cannot be forfeited in any case.

If the public welfare should require the sacrifice of anybody's moveable or unmoveable propriety to public use he shall be indemnified out of the public treasury.

The produce of the sale as well as revenues of glebelands (benefices of clergymen) shall only be employed to the benefit of the clergy and to the promoting of arts and sciences. The propriety of Institutes of charity shall only be employed to the advantage of these.

The Odels- and Aasædes-Ret (Right of redeeming patrimonial lands and of dwelling on the chief mansion) must not be abolished. The further conditions, under which they shall continue to the greatest advantage to the state and benefit to the peasantry, shall be determined in the session of the first or second following National Assembly.

No Counties, Baronies, Fee-simples and Fidei-Commisses (feoffments in trust) must be erected for the future.

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text:
Page:Norwegian Constitution.djvu/35

35 Every citizen of the state is in general equally bound to defend his native country during a certain time, without any regard to birth or fortune. The application of this ruie and the restrictions it ought to suffer is left to the determination of the next ordinary National Assembly after having acquired all the informations possible by a committee, elected before the conclusion of the present session of the National Assembly. In the mean while the present rules shall continue.

This Constitution, when sanctioned by the National Assembly, becomes the fundamental law of the Kingdom.

If experience should prove, that any part of it ought to be altered, a proposal concerning that affair shall be made in an ordinary session of the National Assembly and be published in print. But it is the business of the next National Assembly to decide, whether the alteration proposed shall take place or not. Yet such an alteration must never be inconsistent with the principles of this fundamentel law, but only concern modifications in particular cases, which do not alter the spirit of this Constitution, to which alteration the consent of two thirds of the National Assembly is required.

title: Page:Norwegian Constitution.djvu/35


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36 We the signed, Deputies of the Kingdom of Norway, hereby declare this Constitution, sanctioned hy the National Assembly, to be the fundamental law of the Kingdom of Norway, which all and every one shall obey. In witness whereof we have signed these Presents and thereto put our seals.

Eidswold the 17th of May 1814.

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37 {|width="100%"
 * --align="center"
 * A. Grönneberg.
 * O. Amundröd.
 * G. Lund, jun.
 * Erichstrup.
 * --align="center"
 * [L. S.]
 * [L. S.]
 * [L. S.]
 * [L. S.]
 * }

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text:
National Federation of Independent Business v. Sebelius

Syllabus
In 2010, Congress enacted the Patient Protection and Affordable Care Act in order to increase the number of Americans covered by health insurance and decrease the cost of health care. One key provision is the individual mandate, which requires most Americans to maintain "minimum essential" health insurance coverage. 26 U.S.C. § 5000A. For individuals who are not exempt, and who do not receive health insurance through an employer or government program, the means of satisfying the requirement is to purchase insurance from a private company. Beginning in 2014, those who do not comply with the mandate must make a "[s]hared responsibility payment" to the Federal Government. § 5000A(b)(1). The Act provides that this "penalty" will be paid to the Internal Revenue Service (IRS) with an individual's taxes, and "shall be assessed and collected in the same manner" as tax penalties. §§ 5000A(c), (g)(1).

Another key provision of the Act is the Medicaid expansion. The current Medicaid program offers federal funding to States to assist pregnant women, children, needy families, the blind, the elderly, and the disabled in obtaining medical care. 42 U.S.C. § 1396d(a). The Affordable Care Act expands the scope of the Medicaid program and increases the number of individuals the States must cover. For example, the Act requires state programs to provide Medicaid coverage by 2014 to adults with incomes up to 133 percent of the federal poverty level, whereas many States now cover adults with children only if their income is considerably lower, and do not cover childless adults at all. § 1396a(a)(10) (A)(i)(VIII). The Act increases federal funding to cover the States' costs in expanding Medicaid coverage. § 1396d(y)(1). But if a State does not comply with the Act's new coverage requirements, it may lose [p517] not only the federal funding for those requirements, but all of its federal Medicaid funds. § 1396c.

Twenty-six States, several individuals, and the National Federation of Independent Business brought suit in Federal District Court, challenging the constitutionality of the individual mandate and the Medicaid expansion. The Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress's spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act's other provisions, the Eleventh Circuit left the rest of the Act intact.

Held: The judgment is affirmed in part and reversed in part.

648 F.3d 1235, affirmed in part and reversed in part.

 C J R delivered the opinion of the Court with respect to Part II, concluding that the Anti-Injunction Act does not bar this suit. The Anti-Injunction Act provides that "no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person," 26 U.S.C. § 7421(a), so that those subject to a tax must first pay it and then sue for a refund. The present challenge seeks to restrain the collection of the shared responsibility payment from those who do not comply with the individual mandate. But Congress did not intend the payment to be treated as a "tax" for purposes of the Anti-Injunction Act. The Affordable Care Act describes the payment as a "penalty," not a "tax." That label cannot control whether the payment is a tax for purposes of the Constitution, but it does determine the application of the Anti-Injunction Act. The Anti-Injunction Act therefore does not bar this suit. Pp. 543–546.  C J R concluded in Part III–A that the individual mandate is not a valid exercise of Congress's power under the Commerce Clause and the Necessary and Proper Clause. Pp. 547–561.  The Constitution grants Congress the power to "regulate Commerce." Art. I, § 8, cl. 3 (emphasis added). The power to regulate commerce presupposes the existence of commercial activity to be regulated. This Court's precedent reflects this understanding: As expansive as this Court's cases construing the scope of the commerce power have been, they uniformly describe the power as reaching "activity." E.g., United States v. Lopez, 514 U.S. 549, 560. The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by purchasing a product, on the ground that their failure to do so affects interstate commerce. Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and [p517] potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress's power to "regulate Commerce." Pp. 547–558.  Nor can the individual mandate be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms. Each of this Court's prior cases upholding laws under that Clause involved exercises of authority derivative of, and in service to, a granted power. E.g., United States v. Comstock, 560 U.S. 126. The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. Even if the individual mandate is "necessary" to the Affordable Care Act's other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective. Pp. 558–561. C J R concluded in Part III–B that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable. The most straightforward reading of the individual mandate is that it commands individuals to purchase insurance. But, for the reasons explained, the Commerce Clause does not give Congress that power. It is therefore necessary to turn to the Government's alternative argument: that the mandate may be upheld as within Congress's power to "lay and collect Taxes." Art. I, § 8, cl. 1. In pressing its taxing power argument, the Government asks the Court to view the mandate as imposing a tax on those who do not buy that product. Because "every reasonable construction must be resorted to, in order to save a statute from unconstitutionality," Hooper v. California, 155 U.S. 648, 657, the question is whether it is "fairly possible" to interpret the mandate as imposing such a tax, Crowell v. Benson, 285 U.S. 22, 62. Pp. 561–563.  C J R delivered the opinion of the Court with respect to Part III–C, concluding that the individual mandate may be upheld as within Congress's power under the Taxing Clause. Pp. 563–574.  The Affordable Care Act describes the "[s]hared responsibility payment" as a "penalty," not a "tax." That label is fatal to the applica- [p522] tion of the Anti-Injunction Act. It does not, however, control whether an exaction is within Congress's power to tax. In answering that constitutional question, this Court follows a functional approach, "[d]isregarding the designation of the exaction, and viewing its substance and application." United States v. Constantine, 296 U.S. 287, 294. Pp. 563–565.
Such an analysis suggests that the shared responsibility payment may for constitutional purposes be considered a tax. The payment is not so high that there is really no choice but to buy health insurance; the payment is not limited to willful violations, as penalties for unlawful acts often are; and the payment is collected solely by the IRS through the normal means of taxation. Cf. Child Labor Tax Case (Bailey v. Drexel Furniture Co.), 259 U.S. 20, 36–37. None of this is to say that payment is not intended to induce the purchase of health insurance. But the mandate need not be read to declare that failing to do so is unlawful. Neither the Affordable Care Act nor any other law attaches negative legal consequences to not buying health insurance, beyond requiring a payment to the IRS. And Congress's choice of language—stating that individuals "shall" obtain insurance or pay a "pen-alty"—does not require reading § 5000A as punishing unlawful conduct. It may also be read as imposing a tax on those who go without insurance. See New York v. United States, 505 U.S. 144, 169–174. Pp. 565–570.

Even if the mandate may reasonably be characterized as a tax, it must still comply with the Direct Tax Clause, which provides: "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken." Art. I, § 9, cl. 4. A tax on going without health insurance is not like a capitation or other direct tax under this Court's precedents. It therefore need not be apportioned so that each State pays in proportion to its population. Pp. 570–571.

C J R, joined by J B and J K, concluded in Part IV that the Medicaid expansion violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. Pp. 575–588.

The Spending Clause grants Congress the power "to pay the Debts and provide for the general Welfare of the United States." Art. I, § 8, cl. 1. Congress may use this power to establish cooperative state-federal Spending Clause programs. The legitimacy of Spending Clause legislation, however, depends on whether a State voluntarily and knowingly accepts the terms of such programs. Pennhurst State School and Hospital v. Halderman, 451 U.S. 1, 17. "[T]he Constitution simply does not give Congress the authority to require the States to [p523] regulate." New York, supra, at 178. When Congress threatens to terminate other grants as a means of pressuring the States to accept a Spending Clause program, the legislation runs counter to this Nation's system of federalism. Cf. South Dakota v. Dole, 483 U.S. 203, 211. Pp. 575–581.

Section 1396c gives the Secretary of Health and Human Services the authority to penalize States that choose not to participate in the Medicaid expansion by taking away their existing Medicaid funding. 42 U.S.C. § 1396c. The threatened loss of over 10 percent of a State's overall budget is economic dragooning that leaves the States with no real option but to acquiesce in the Medicaid expansion. The Government claims that the expansion is properly viewed as only a modification of the existing program, and that this modification is permissible because Congress reserved the "right to alter, amend, or repeal any provision" of Medicaid. § 1304. But the expansion accomplishes a shift in kind, not merely degree. The original program was designed to cover medical services for particular categories of vulnerable individuals. Under the Affordable Care Act, Medicaid is transformed into a program to meet the health care needs of the entire nonelderly population with income below 133 percent of the poverty level. A State could hardly anticipate that Congress's reservation of the right to "alter" or "amend" the Medicaid program included the power to transform it so dramatically. The Medicaid expansion thus violates the Constitution by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion. Pp. 581–585.

The constitutional violation is fully remedied by precluding the Secretary from applying § 1396c to withdraw existing Medicaid funds for failure to comply with the requirements set out in the expansion. See § 1303. The other provisions of the Affordable Care Act are not affected. Congress would have wanted the rest of the Act to stand, had it known that States would have a genuine choice whether to participate in the Medicaid expansion. Pp. 585–588.

J G, joined by J S, is of the view that the Spending Clause does not preclude the Secretary from withholding Medicaid funds based on a State's refusal to comply with the expanded Medicaid program. But given the majority view, she agrees with T C J's conclusion in Part IV–B that the Medicaid Act's severability clause, 42 U.S.C. § 1303, determines the appropriate remedy. Because T C J finds the withholding—not the granting—of federal funds incompatible with the Spending Clause, Congress' extension of Medicaid remains available to any State that affirms its willingness to participate. Even absent § 1303's command, the Court would have no warrant to invalidate the funding offered by the [p524] Medicaid expansion, and surely no basis to tear down the Affordable Care Act in its entirety. When a court confronts an unconstitutional statute, its endeavor must be to conserve, not destroy, the legislation. See, e.g., Ayotte v. Planned Parenthood of Northern New Eng.,  546 U.S. 320, 328–330. Pp. 645–646.

R, C.J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III–C, in which G, B, S, and K, JJ., joined; an opinion with respect to Part IV, in which B and K, JJ., joined; and an opinion with respect to Parts III–A, III–B, and III–D. G, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which S, J., joined, and in which B and K, JJ., joined as to Parts I, II, III, and IV, post, p. 589. S, K, T, and A, JJ., filed a dissenting opinion, post, p. 646. T, J., filed a dissenting opinion, post, p. 707.

Robert A. Long, Jr., by invitation of the Court, 565 U.S. 1048, argued the cause in No. 11–398 (Anti-Injunction Act) as amicus curiae  in support of vacatur. With him on the briefs were Emin Toro, Mark W. Mosier, and Henry B. Liu.

Solicitor General Verrilli argued the cause for petitioners in No. 11–398 (Anti-Injunction Act). With him on the briefs were Assistant Attorney General West, Deputy Solicitor General Kneedler, Principal Deputy Assistant Attorney General DiCicco, Deputy Assistant Attorney General Brinkmann, Leondra R. Kruger, Mark B. Stern, Alisa B. Klein, Joel McElvain, M. Patricia Smith, William B. Schultz, and Kenneth Y. Choe.

Gregory G. Katsas argued the cause for respondents in No. 11–398 (Anti-Injunction Act). With him on the briefs for private respondents were Michael A. Carvin, C. Kevin Marshall, Hashim M. Mooppan, Karen R. Harned, and Randy E. Barnett. On the briefs for state respondents were Paul D. Clement, Erin E. Murphy, Conor B. Dugan, Erin M. Hawley, Pamela Jo Bondi, Attorney General of Florida, Scott D. Makar, Solicitor General, and Louis F. Hubener, Timothy D. Osterhaus, and Blaine H. Winship, Luther Strange, Attorney General of Alabama, Michael C. Geraghty, [p525] Attorney General of Alaska, Janice K. Brewer, Governor of Arizona, and Tom Horne, Attorney General, John W. Suthers, Attorney General of Colorado, Samuel S. Olens, Attorney General of Georgia, Lawrence G. Wasden, Attorney General of Idaho, Gregory F. Zoeller, Attorney General of Indiana, Terry Branstad, Governor of Iowa, Derek Schmidt, Attorney General of Kansas, James D. "Buddy" Caldwell, Attorney General of Louisiana, William J. Schneider, Attorney General of Maine, Bill Schuette, Attorney General of Michigan, Michael B. Wallace, by and through Phil Bryant, Governor of Mississippi, Jon Bruning, Attorney General of Nebraska, and Katherine J. Spohn, Brian Sandoval, Governor of Nevada, Wayne Stenehjem, Attorney General of North Dakota, Michael DeWine, Attorney General of Ohio, and David B. Rivkin and Lee A. Casey, Thomas W. Corbett, Jr., Governor of Pennsylvania, and Linda L. Kelly, Attorney General, Alan Wilson, Attorney General of South Carolina, Marty J. Jackley, Attorney General of South Dakota, Greg Abbott, Attorney General of Texas, and Bill Cobb, Deputy Attorney General, Mark L. Shurtleff, Attorney General of Utah, Robert M. McKenna, Attorney General of Washington, J. B. Van Hollen, Attorney General of Wisconsin, and Matthew Mead, Governor of Wyoming.

Solicitor General Verrilli argued the cause for petitioners in No. 11–398 (Minimum Coverage Provision). With him on the briefs were Assistant Attorney General West, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Brinkmann, Joseph R. Palmore, Mr. Stern, Ms. Klein, Ms. Smith, Mr. Schultz, and Mr. Choe.

Mr. Clement argued the cause for state respondents in No. 11–398 (Minimum Coverage Provision). With him on the brief for respondents Florida et al. were Ms. Murphy, Ms. Bondi, Attorney General of Florida, Mr. Makar, Solicitor General, and Mr. Hubener, Mr. Osterhaus, and Mr. Winship, Mr. Strange, Attorney General of Alabama, Mr. Geraghty, Attorney General of Alaska, Ms. Brewer, Governor of Ari- [p526] zona, and Mr. Horne, Attorney General, Mr. Suthers, Attorney General of Colorado, Mr. Olens, Attorney General of Georgia, Mr. Wasden, Attorney General of Idaho, Mr. Zoeller, Attorney General of Indiana, Mr. Branstad, Governor of Iowa, Mr. Schmidt, Attorney General of Kansas, Mr. Caldwell, Attorney General of Louisiana, Mr. Schneider, Attorney General of Maine, Mr. Schuette, Attorney General of Michigan, Mr. Wallace, by and through Mr. Bryant, Governor of Mississippi, Mr. Bruning, Attorney General of Nebraska, and Ms. Spohn, Mr. Sandoval, Governor of Nevada, Mr. Stenehjem, Attorney General of North Dakota, Mr. De-Wine,  Attorney General of Ohio, and Mr. Rivkin  and Mr. Casey, Mr. Corbett, Governor of Pennsylvania, and Ms. Kelly, Attorney General, Mr. Wilson, Attorney General of South Carolina, Mr. Jackley, Attorney General of South Dakota, Mr. Abbott, Attorney General of Texas, and Mr. Cobb, Deputy Attorney General, Mr. Shurtleff, Attorney General of Utah, Mr. McKenna, Attorney General of Washington, Mr. Van Hollen,  Attorney General of Wisconsin, and Mr. Mead, Governor of Wyoming. Mr. Carvin argued the cause for private respondents in No. 11–398 (Minimum Coverage Provision). With him on the brief were Mr. Katsas, Mr. Marshall, Mr. Mooppan, Ms. Harned, and Mr. Barnett.

Mr. Clement argued the cause and filed briefs for petitioners in Nos. 11–393 and 11–400 (Severability). With him on the briefs for state petitioners were Ms. Murphy, Ms. Bondi, Attorney General of Florida, Mr. Makar, Solicitor General, and Mr. Hubener, Mr. Osterhaus,  and Mr. Winship, Mr. Strange, Attorney General of Alabama, Mr. Geraghty, Attorney General of Alaska, and Richard Svobodny, Acting Attorney General, Ms. Brewer, Governor of Arizona, and Mr. Horne, Attorney General, Mr. Suthers, Attorney General of Colorado, Mr. Olens, Attorney General of Georgia, Mr. Wasden, Attorney General of Idaho, Mr. Zoeller, Attorney General of Indiana, Mr. Branstad,  Governor of Iowa, Mr. Schmidt, Attorney General of Kansas, Mr. Caldwell, At- [p527] torney General of Louisiana, Mr. Schneider, Attorney General of Maine, Mr. Schuette, Attorney General of Michigan, Mr. Wallace, by and through Mr. Bryant, Governor of Mississippi, Mr. Bruning, Attorney General of Nebraska, and Ms. Spohn, Mr. Sandoval, Governor of Nevada, Mr. Stenehjem, Attorney General of North Dakota, Mr. DeWine, Attorney General of Ohio, and Mr. Rivkin and Mr. Casey, Mr. Corbett, Governor of Pennsylvania, and Ms. Kelly, Attorney General, Mr. Wilson, Attorney General of South Carolina, Mr. Jackley, Attorney General of South Dakota, Mr. Abbott, Attorney General of Texas, and Mr. Cobb, Deputy Attorney General, Mr. Shurtleff, Attorney General of Utah, Mr. Mc-Kenna, Attorney General of Washington, Mr. Van Hollen, Attorney General of Wisconsin, and Mr. Mead, Governor of Wyoming. Mr. Carvin, Mr. Katsas, Mr. Marshall, Mr. Mooppan, Ms. Harned, and Mr. Barnett filed briefs for private petitioners.

Deputy Solicitor General Kneedler argued the cause for respondents in Nos. 11–393 and 11–400 (Severability). With him on the briefs were Solicitor General Verrilli, Assistant Attorney General West, Deputy Assistant Attorney General Brinkmann, Mr. Palmore, Mr. Stern, Ms. Klein, Ms. Smith, Mr. Schultz, and Mr. Choe.

H. Bartow Farr III, by invitation of the Court, 565 U.S. 1048, argued the cause in Nos. 11–393 and 11–400 (Severability) and filed a brief as amicus curiae in support of the judgment below.

Mr. Clement argued the cause for petitioners in No. 11–400 (Medicaid). With him on the briefs were Ms. Murphy, Ms. Bondi, Attorney General of Florida, and Mr. Makar, Solicitor General, and Mr. Hubener, Mr. Osterhaus,  and Mr. Winship, Mr. Strange, Attorney General of Alabama, Mr. Svobodny, Acting Attorney General of Alaska, Ms. Brewer, Governor of Arizona, and Mr. Horne, Attorney General, Mr. Suthers, Attorney General of Colorado, Mr. Olens, Attorney General of Georgia, Mr. Wasden, Attorney Gen- [p528] eral of Idaho, Mr. Zoeller,  Attorney General of Indiana, Mr. Branstad, Governor of Iowa, Mr. Schmidt, Attorney General of Kansas, Mr. Caldwell, Attorney General of Louisiana, Mr. Schneider,  Attorney General of Maine, Mr. Schuette, Attorney General of Michigan, Mr. Bruning, Attorney General of Nebraska, and Ms. Spohn, Mr. Sandoval, Governor of Nevada, Mr. Stenehjem, Attorney General of North Dakota, Mr. DeWine, Attorney General of Ohio, and Mr. Rivkin and Mr. Casey, Mr. Corbett, Governor of Pennsylvania, and Ms. Kelly, Attorney General, Mr. Wilson, Attorney General of South Carolina, Mr. Jackley, Attorney General of South Dakota, Mr. Abbott, Attorney General of Texas, and Mr. Cobb, Deputy Attorney General, Mr. Shurtleff, Attorney General of Utah, Mr. McKenna, Attorney General of Washington, Mr. Van Hollen, Attorney General of Wisconsin, and Mr. Mead, Governor of Wyoming.

Solicitor General Verrilli argued the cause for respondents in No. 11–400 (Medicaid). With him on the brief were Assistant Attorney General West, Deputy Solicitor General Kneedler, Deputy Assistant Attorney General Brinkmann, Ms. Kruger, Mr. Stern, Ms. Klein, Ms. Smith, Mr. Schultz,  and Mr. Choe.

* Together with No. 11–398, Department of Health and Human Services et al. v. Florida et al., and No. 11–400, Florida et al. v. Department of Health and Human Services et al., also on certiorari to the same court.

† Briefs of amici curiae were filed in No. 11–398 (Anti-Injunction Act) for the American Center for Law & J by Jay Alan Sekulow, Stuart J. Roth, Colby M. May, James M. Henderson, Sr., Walter M. Weber, Edward L. White III, and Erik M. Zimmerman; for the Cato Institute by Ilya Shapiro; for the Center for the Fair Administration of Taxes by A. Lavar Taylor; for Liberty University, Inc., et al. by Mathew D. Staver, Anita L. Staver, Stephen M. Crampton, and Mary E. McAlister; for the State Chambers of Commerce et al. by William V. Custer; for Tax Law Professors by Michael B. de Leeuw; and for Mortimer Caplin et al. by Alan B. Morrison and Brian Wolfman.

Briefs of amici curiae urging reversal in No. 11–398 (Minimum Coverage Provision) were filed for the State of Maryland et al. by Douglas F. Gansler, Attorney General of Maryland, John B. Howard, Jr., Deputy Attorney General, William F. Brockman, Acting Solicitor General, and Joshua N. Auerbach, Stephen M. Ruckman, and Sarah W. Rice, Assistant Attorneys General, and by the Attorneys General for their respective jurisdictions as follows: Kamala D. Harris of California, George Jepsen of [p529] Connecticut, Joseph R. Biden III of Delaware, Irvin B. Nathan of the District of Columbia, David M. Louie of Hawaii, Lisa Madigan of Illinois, Tom Miller of Iowa, Gary K. King of New Mexico, Eric T. Schneiderman of New York, John R. Kroger of Oregon, William H. Sorrell of Vermont, and Vincent F. Frazer of the Virgin Islands; for AARP by Thomas C. Goldstein, Kevin K. Russell, Stuart R. Cohen, Stacy Canan, and Michael Schuster; for Advocacy for Patients with Chronic Illness, Inc., by Jennifer C. Jaff; for the American Association of People with Disabilities et al. by Rochelle Bobroff and Simon Lazarus; for the American Cancer Society et al. by Mary P. Rouvelas and F. Sheffield Hale; for the American Federation of Labor and Congress of Industrial Organizations by Lynn K. Rhinehart, James B. Coppess, and Laurence Stephen Gold; for the American Nurses Association et al. by Ian Millhiser; for the California Endowment by Kathleen M. Sullivan, William B. Adams,  and Crystal Nix Hines; for the California Public Employees' Retirement System by Peter H. Mixon; for Constitutional Law Scholars by Andrew J. Pincus, Gillian E. Metzger, and Trevor W. Morrison; for Health Care for All, Inc., et al. by Wendy E. Parmet and Lorianne M. Sainsbury-Wong; for Health Care Policy History Scholars by Geoffrey F. Aronow; for the Jewish Alliance for Law & Social Action et al. by Andrew M. Fischer; for the Lambda Legal Defense and Education Fund, Inc., et al. by Douglas Hallward-Driemeier, Susan L. Sommer, Hayley J. Gorenberg, and Jon W. Davidson; for the NAACP Legal Defense & Educational Fund, Inc., et al. by John Payton, Debo P. Adegbile, Elise C. Boddie, ReNika C. Moore, Joshua Civin, Steven R. Shapiro, and Lisa M. Bornstein; for the National Women's Law Center et al. by Melissa Hart, Marcia D. Greenberger, and Judith G. Waxman; for Prescription Policy Choices et al. by Michael Kevin Outterson; for the Service Employees International Union et al. by Scott A. Kronland, Jonathan Weissglass, P. Casey Pitts, Judith A. Scott, Walter Kamiat, Mark Schneider, and Patrick J. Szymanski; for the Small Business Majority Foundation, Inc., et al. by Douglas L. McSwain; for State Legislators from all Fifty States et al. by Douglas T. Kendall and Elizabeth B. Wydra; and for Senate Majority Leader Harry Reid et al. by Walter Dellinger, Christopher J. Wright, and Timothy J. Simeone.

Briefs of amici curiae urging affirmance in No. 11–398 (Minimum Coverage Provision) were filed for the State of Oklahoma by E. Scott Pruitt, Attorney General of Oklahoma, and Patrick R. Wyrick, Solicitor General; [p530] for the Commonwealth of Virginia ex rel. Kenneth T. Cuccinelli II by Mr. Cuccinelli, Attorney General of Virginia, pro se, E. Duncan Getchell, Jr., Solicitor General, Charles E. James, Jr., Chief Deputy Attorney General, and Wesley G. Russell, Jr., Deputy Attorney General; for Missouri Attorney General Chris Koster by Mr. Koster, pro se, and Jeremiah J. Morgan, Deputy Solicitor General; for the American Catholic Lawyers Association, Inc., by Bertram P. Goltz, Jr.; for the American Center for Law & J et al. by Mr. Sekulow, Mr. Roth, Mr. May, Mr. Henderson, Mr. Weber, Mr. White, and Mr. Zimmerman; for the American College of Pediatricians et al. by Nikolas T. Nikas, Dorinda C. Bordlee, Mark L. Rienzi, Mailee R. Smith, Denise M. Burke, Steven H. Aden, Matthew S. Bowman, and Catherine W. Short; for the American Legislative Exchange Council by John P. Elwood and Seth L. Cooper; for the Association of American Physicians and Surgeons, Inc., et al. by David P. Felsher and Andrew L. Schlafly; for the Authors of The Origins of the Necessary and Proper Clause et al. by David B. Kopel; for Blue Cross and Blue Shield of Massachusetts, Inc., by Dean Richlin, Robert E. Toone, and Joseph Halpern; for the Catholic Vote et al. by Patrick T. Gillen; for the Cato Institute et al. by Robert A. Levy, Ilya Shapiro,  and Timothy Sandefur;  for the Caesar Rodney Institute by Grant M. Lally; for the Center for Constitutional Jurisprudence et al. by Christopher R. J. Pace, John C. Eastman, Anthony T. Caso, Edwin Meese III, Todd F. Gaziano, Brian C. Baker, Carrie Severino, and Manuel S. Klausner; for Docs4PatientCare by Erik S. Jaffe and John Hoff; for Economists by Steven G. Bradbury, Steven A. Engel, and Michael H. Park; for the Employer Solutions Staffing Group LLC by Rebecca J. Levine; for the HSA Coalition, Inc., et al. by Ed R. Haden; for the Independent Women's Forum by Kevin J. Hasson; for Judicial Watch, Inc., by Paul J. Orfanedes; for Members of the United States Senate by Ms. Severino; for the Mountain States Legal Foundation by James M. Manley and Steven J. Lechner; for the Montana Shooting Sports Association, Inc., by Quentin M. Rhoades; for Single Payer Action et al. by Oliver B. Hall; for the Tax Foundation by Joseph D. Henchman; for the Washington Legal Foundation et al. by Ilya Somin, Daniel J. Popeo, and Cory L. Andrews; for the 1851 Center for Constitutional Law by Christopher P. Finney and Curt C. Hartman; for Speaker of the House John Boehner by Ms. Severino; for Virginia Delegate Bob [p531] Marshall et al. by William J. Olson, Herbert W. Titus, John S. Miles, and Gary G. Kreep; for Sen. Rand Paul by Bridget Maloney Bush; and for Stephen M. Trattner by Mr. Trattner, pro se.

Briefs of amici curiae were filed in No. 11–398 (Minimum Coverage Provision) for the Commonwealth of Massachusetts by Martha Coakley, Attorney General, and Thomas M. O'Brien, Daniel J. Hammond, and Emiliano Mazlen, Assistant Attorneys General; for the Governor of Washington Christine Gregoire by Kristin Houser, Adam J. Berger, Rebecca J. Roe, and William Rutzick; for the American Civil Rights Union et al. by Peter Ferrara; for the American Hospital Association et al. by Sheree R. Kanner, Catherine E. Stetson, Dominic F. Perella, Lisa Gilden,  and Frank R. Trinity; for the American Life League by Robert L. Sassone;  for Child Advocacy Organizations by Jeffrey O. Bramlett, Emmet J. Bondurant, and Barbara B. Woodhouse; for Citizens and Legislators in the Fourteen Health Care Freedom States by Nicholas C. Dranias, Clint D. Bolick, and Linda W. Knight; for the Citizens' Council for Health Freedom by John Remington Graham; for Constitutional Law and Economics Professors by Wilson R. Huhn; for Economic Scholars by Richard L. Rosen and Michael D. Thorpe; for Former United States Department of J Officials by Theodore B. Olson, Amir C. Tayrani, Joshua S. Lipshutz, Terence J. Pell, and Michael E. Rosman; for the Foundation for Moral Law, Inc., by John A. Eidsmoe and Benjamin D. DuPré; for the Health Foundation of Greater Cincinnati by James A. Feldman; for the Institute for J by William H. Mellor, Dana Berliner, Steven M. Simpson, and Elizabeth Price Foley; for the Landmark Legal Foundation by Richard P. Hutchison; for the Liberty Legal Foundation by Van R. Irion; for Liberty University, Inc., et al. by Mr. Staver, Ms. Staver, Mr. Crampton, and Mr. McAlister; for the Partnership for America by Charles J. Cooper, David H. Thompson, Howard C. Nielson, Jr., and Brian S. Koukoutchos; for Project Liberty by Allan E. Parker, R. Clayton Trotter, Kathleen Cassidy Goodman, and Steven W. Fitschen; for The Rutherford Institute by Alfred W. Putnam, Jr., Jason P. Gosselin, D. Alicia Hickok, and John W. Whitehead; for the Thomas More Law Center et al. by Robert J. Muise, David Yerushalmi, and Richard Thompson; for Young Invincibles by Paolo Annino; for Barry Friedman et al. by Jeffrey A. Lamken, Robert K. Kry, Martin V. Totaro, and Mr. Friedman, pro se; for Egon Mittelmann [p532] by Mr. Mittelmann, pro se; and for David R. Riemer et al. by Dean A. Strang.

Briefs of amici curiae urging reversal in Nos. 11–393 and 11–400 (Severability) were filed for the American Center for Law & J et al. by Mr. Sekulow, Mr. Roth, Mr. May, Mr. Henderson, Mr. Weber, Mr. White, and Mr. Zimmerman; for the American Civil Rights Union by Mr. Ferrara; for America's Health Insurance Plans et al. by Patricia A. Millett, Orly Degani, James E. Tysse, and Roger G. Wilson; for the Chamber of Commerce of the United States of America by K. Lee Blalack II, Brian D. Boyle, Anton Metlitsky, Robin S. Conrad, Shane B. Kawka,  and Kathryn Comerford Todd; for Economists by Mr. Bradbury, Mr. Engel,  and Mr. Park; for the Family Research Council et al. by Nelson Lund; and for the National Restaurant Association by Leon R. Sequeira, David M. Weiner, and Jennifer A. Kraft.

Briefs of amici curiae urging affirmance in Nos. 11–393 and 11–400 (Severability) were filed for Missouri Attorney General Chris Koster by Mr. Koster, pro se, and Mr. Morgan, Deputy Solicitor General; for Michigan Legal Services, Inc., by Gary A. Benjamin; and for the Washington and Lee University School of Law Black Lung Clinic by Timothy C. MacDonnell.

Briefs of amici curiae were filed in Nos. 11–393 and 11–400 (Severability) for the State of California et al. by Ms. Harris, Attorney General of California, Travis LeBlanc, Special Assistant Attorney General, Manuel M. Medeiros, State Solicitor General, and Daniel J. Powell, Deputy Attorney General, by Christine O. Gregoire, Governor of Washington, and by the Attorneys General for their respective jurisdictions as follows: Mr. Jepsen of Connecticut, Mr. Biden of Delaware, Mr. Nathan of the District of Columbia, Mr. Louie of Hawaii, Ms. Madigan  of Illinois, Mr. Miller of Iowa, Mr. Gansler of Maryland, Mr. King of New Mexico, Mr. Schneiderman of New York, Mr. Kroger of Oregon, and Mr. Sorrell  of Vermont; for AARP et al. by Ms. Bobroff, Mr. Cohen, Ms. Canan, Bruce Vignery, and Mr. Schuster; for the American Academy of Actuaries by Kannon K. Shanmugam and Mary E. Downs; for the American Benefits Council by James R. Napoli, Mark D. Harris, Charles S. Sims, and Kathryn M. Wilber; for the American Hospital Association et al. by Ms. Kanner, Ms. Stetson, Mr. Perella, and Mr. Trinity; for the American Medical Student Association et al. by Mr. Millhiser;  for the American Public [p533] Health Association et al. by Martha Jane Perkins and Corey S. Davis; for the Asian & Pacific Islander American Health Forum et al. by Mark A. Packman, Jonathan M. Cohen, and Priscilla Huang; for the Association of American Physicians and Surgeons et al. by Mr. Felsher and Mr. Schlafly; for the Competitive Enterprise Institute et al. by Thomas M. Christina, Jeffrey P. Dunlaevy, Sam Kazman, and Hans Bader; for Freedom Watch by Larry Klayman; for the J and Freedom Fund by Deborah J. Dewart and James L. Hirsen; for Members of the United States Senate by James F. Bennett and Ms. Severino; for the National Indian Health Board et al. by Geoffrey D. Strommer, Carol L. Barbero, Elliott Milhollin, and William R. Norman; for the Texas Public Policy Foundation et al. by Mario Loyola, Richard Epstein, and Ilya Shapiro; for David R. Riemer et al. by Mr. Strang; and for Joella Swan et al. by Thomas E. Johnson and ''Grant Crandall. Mr. Kreep filed a brief for the Western Center for Journalism as amicus curiae'' in No. 11–393.

Briefs of amici curiae urging reversal were filed in No. 11–400 (Medicaid) for the American Civil Rights Union et al. by Mr. Ferrara; for Economists by Mr. Bradbury, Mr. Engel, and Mr. Park; for the Independence Institute by Mr. Kopel; for the Texas Public Policy Foundation et al. by Mr. Loyola and Mr. Epstein; and for James F. Blumstein by Mr. Blumstein, pro se.

Briefs of amici curiae urging affirmance were filed in No. 11–400 (Medicaid) for the State of Oregon et al. by Mr. Kroger, Attorney General of Oregon, Anna M. Joyce, Solicitor General, and Keith Dubanevich,  by Mr. Sorrell, Attorney General of Vermont, and Bridget C. Asay, Assistant Attorney General, by Ms. Gregoire, Governor of Washington, and Mr. Berger, Special Assistant Attorney General, and by the Attorneys General for their respective States as follows: Ms. Harris of California, Mr. Jepsen of Connecticut, Mr. Biden of Delaware, Mr. Louie of Hawaii, Ms. Madigan of Illinois, Mr. Miller of Iowa, Mr. Gansler of Maryland, Ms. Coakley of Massachusetts, Mr. King of New Mexico, and Mr. Schneider-man of New York; for the American Hospital Association et al. by Ms. Kanner, Ms. Stetson, Mr. Perella, Mr. Trinity, and Ms. Gilden; for Catholic Sisters by David J. Burman; for the Disability Rights Legal Center by Chris M. Amantea; for Faithful Reform in Health Care et al. by Thomas W. Coons, Charles M. English, and Wendy M. Yoviene; for Health Law & Policy Scholars et al. by Mr. Outterson; for the Leadership Confer- [p534] ence on Civil and Human Rights et al. by Martha F. Davis and Risa E. Kaufman; for the National Health Law Program et al. by Ms. Perkins; for the National Minority AIDS Council et al. by Deanne E. Maynard and Marc A. Hearron; for the Service Employees International Union et al. by Stephen P. Berzon, Mr. Kronland, Ms. Scott, Mr. Kamiat, Mr. Schneider, and Mr. Szymanski; for State Legislators from the Fifty States et al. by Mr. Kendall and Ms. Wydra; for Senate Majority Leader Harry Reid et al. by Mr. Wright, Mr. Simeone, Mark D. Davis, and Mr. Dellinger; for David R. Riemer et al. by Mr. Strang; and for David Satcher, M. D., et al. by Samuel R. Bagenstos, Ira A. Burnim, and Jennifer Mathis.

Briefs of amici curiae were filed in No. 11–400 (Medicaid) for the Association of American Physicians and Surgeons et al. by Mr. Felsher and Mr. Schlafly; for the Center for Constitutional Jurisprudence et al. by Mr. Eastman, Mr. Caso, Mr. Meese, Mr. Sandefur, and Ilya Shapiro; for Freedom Watch by Mr. Klayman; for Indiana State Legislators et al. by Asheesh Agarwal and Mr. Christina; and for Michigan Legal Services, Inc., by Mr. Benjamin.


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38 Address from the Deputies of the people of Norway about the conferring the Norwegian crown upon the Regent of Norway, His Royal Highness, Prince Christian Frederik.

e the signed, Deputies from the Kingdom of Norway, make hereby known, that, according to the desire of the people and to the proclamation of Your Royal Higness, we have-joined, pursuant to our full-powers, in order to draw up a fundamental law for the Kingdom of Norway, so as to the best of our judgment we should think it most beneficial to the Kingdom. To that effect, we have endeavoured to distribute the sovereign power, in such a manner, that legislation is deposited into the hands of the people, and the executive power into the hands of the King.

Having finished this fundamental law, it became a dear and sacred duty to us to elect a King, who, by the wisdom and energy of his government, was able to ensure and support the safety, welfare and glory of the Kingdom.

The Deputies of the Norwegian people could not hesitate a moment whom they should select to this elevated and important post. Confidence, gratitude and love equally forced us to fix our regards on Your Royal Highness. You arrived among us in the time of danger and misery. With the most constant zeal You always directed your actions and thoughts to the benefit of the country; You inseparately tied Your fate to ours, and, as Regent of the country, You have expressed no less a regard to the rights of the people than zeal for the promoting of its prosperity and glory.

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39 We are convinced, that we have compleated the desire and will of the Norwegian people, by electing You this day King of Norway, and, on presenting to Your Royal Highness this fundamental law of the country, we rejoice in the hope, that it may be found worthy of Your approbation, and that You will accept of a crown, voluntarily offered You by a free people.

At the Diet at Eidswold, the 17th of May 1814.

According to the resolution of the National Assembly signed in behalf af all the Deputies, by

His Royal Highness' the Prince Regents Answer in the National Assembly to the Adress above.

Norwegians! The high calling, to which you are elected by the trust of your fellow-citizens, is finished. The Constitution of Norway is founded; the Norwegian people has maintained its rights through you, its selected Deputies; it has maintained them for futurity, and, by a sage distribution of the power, secured civil Liberty and that public order which the executive power is obiiged and able to preserve.

The experience for which other states must suffer has taught the Deputies of the Norwegian people to guard the Constitution equally against the marks of despotism as against the abuses of a popular government.

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40 This old Kingdom calls for a King, but he should no more be a despot in the form than in the government; — no he should be the first friend and father to his people. This the people expects to find in me, and its confidence is to me a sacred calling, notwithstanding the dangers and pains that attend me, entirely to devote myself to the welfare and glory of Norway.

With these honest views, and strengthened by a confidence on the assistance of God Almighty, I hope to answer the expectations of this nation.

I accept the crown of Norway as the gift of a constant and sincere people, as a pledge of its attachment to me and my royal family.

I promise and swear to reign the Kingdom of Norway according to its Constitution and Laws; so help me God and his holy word.

Eidswold, the 19th of May 1814. Christian Frederik.

We the Signed, chosen by the Deputies of the Norwegian people to publish in print the transactions of the National Assembly do hereby attest, that this fundamental law of the Kingdom of Norway and the documents annexed to it, are, word for word, conformable to the chief records of the National Assembly.

Christiania, the 31st of May 1814.

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text:
The Constitution of the Kingdom of Norway (1814)

Norges grundlov af 1814 Stjórnarskrá Noregs Kongeriget Norges Grundlov af 17de Mai 1814


text:
User:V85

I'm primarily a contributor to the Norwegian Wikisource, but I am also a bit active here.

no:Bruker:V85

title: User:V85


text: Index:Sexual Offences Act 1967.djvu

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ARRANGEMENT OF SECTIONS

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54 the little girl across the Pequeña range of mountains, on the frontier of Mendoza.

  XI

"Now Carreras, under the guise of politics and liberalism, was a scoundrel of the deepest dye, and the unhappy state of Mendoza was the prey of thieves, robbers, traitors, and murderers, who formed his party. He was under a noble exterior a man without heart, pity, honour, or conscience. He aspired to nothing but tyranny, and though he would have made use of Gaspar Ruiz for his nefarious designs, yet he soon became aware that to propitiate the Chilian Government would answer his purpose better. I blush to say that he made proposals to our Government to deliver up on certain conditions the wife and child of the man who had trusted to his honour, and that this offer was accepted.

"While on her way to Mendoza over the Pequeña Pass she was betrayed by her escort of Carreras' men, and given up to the officer in command of a Chilian fort on the upland at the foot of the main Cordillera range. This atrocious transaction might have cost me dear, for as a matter of fact I was a prisoner in Gaspar Ruiz' camp when he received the news. I had been captured during a reconnaissance, my escort of a few troopers being speared by the Indians of his bodyguard. I was saved from the same fate because he recognized my features just in time. No doubt my friends thought I was dead, and I would not have given much for my life at any time. But the strong man treated me very well, because, he said, I had always believed in his innocence and had tried to serve him when he was a victim of injustice.

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Rh "'And now,' was his speech to me, 'you shall see that I always speak the truth. You are safe.'

"I did not think I was very safe when I was called up to go to him one night. He paced up and down like a wild beast, exclaiming, 'Betrayed! Betrayed!'

"He walked up to me clenching his fists. 'I could cut your throat.'

"'Will that give your wife back to you?' I said as quietly as I could.

"'And the child!' he yelled out, as if mad. He fell into a chair and laughed in a frightful, boisterous manner. 'Oh, no, you are safe.'

"I assured him that his wife's life was safe, too; but I did not say what I was convinced of—that he would never see her again. He wanted war to the death, and the war could only end with his death.

"He gave me a strange, inexplicable look, and sat muttering blankly, 'In their hands. In their hands.'

"I kept as still as a mouse before a cat.

"Suddenly he jumped up. 'What am I doing here?' he cried; and opening the door, he yelled put orders to saddle and mount. 'What is it?' he stammered, coming up to me. 'The Pequeña fort; a fort of palisades! Nothing. I would get her back if she were hidden in the very heart of the mountain.' He amazed me by adding, with an effort: "I carried her off in my two arms while the earth trembled. And the child at least is mine. She at least is mine!'

"Those were bizarre words; but I had no time for wonder.

"'You shall go with me,' he said, violently. 'I may want to parley, and any other messenger from Ruiz, the outlaw, would have his throat cut.'

"This was true enough. Between him and the rest

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56 of incensed mankind there could be no communication, according to the customs of honourable warfare.

"In less than half an hour we were in the saddle, flying wildly through the night. He had only an escort of twenty men at his quarters, but would not wait for more. He sent, however, messengers to Peneleo, the Indian chief then ranging in the foothills, directing him to bring his warriors to the uplands and meet him at the lake called the Eye of Water, near whose shores the frontier fort of Pequeña was built.

"We crossed the lowlands with that untired rapidity of movement which had made Gaspar Ruiz' raids so famous. We followed the lower valleys up to their precipitous heads. The ride was not without its dangers. A cornice road on a perpendicular wall of basalt wound itself around a buttressing rock, and at last we emerged from the gloom of a deep gorge upon the upland of Pequeña.

"It was a plain of green wiry grass and thin flowering bushes; but high above our heads patches of snow hung in the folds and crevices of the great walls of rock. The little lake was as round as a staring eye. The garrison of the fort were just driving in their small herd of cattle when we appeared. Then the great wooden gates swung to, and that four-square enclosure of broad blackened stakes pointed at the top and barely hiding the grass roofs of the huts inside seemed deserted, empty, without a single soul.

"But when summoned to surrender, by a man who at Gaspar Ruiz' order rode fearlessly forward those inside answered by a volley which rolled him and his horse over. I heard Ruiz by my side grind his teeth. 'It does not matter,' he said. 'Now you go.'

"Torn and faded as its rags were, the vestiges of my uniform were recognized, and I was allowed to approach

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Rh within speaking distance; and then I had to wait, because a voice clamouring through a loophole with joy and astonishment would not allow me to place a word. It was the voice of Major Pajol, an old friend. He, like my other comrades, had thought me killed a long time ago.

"'Put spurs to your horse, man!' he yelled, in the greatest excitement; 'we will swing the gate open for you.'

"I let the reins fall out of my hand and shook my head. 'I am on my honour,' I cried.

"'To him!' he shouted, with infinite disgust.

"'He promises you your life.'

"'Our life is our own. And do you, Santierra, advise us to surrender to that rastrero? '

"'No!' I shouted. 'But he wants his wife and child, and he can cut you off from water.'

"'Then she would be the first to suffer. You may tell him that. Look here—this is all nonsense: we shall dash out and capture you.'

"'You shall not catch me alive,' I said, firmly.

"'Imbecile!'

"'For God's sake,' I continued, hastily, 'do not open the gate.' And I pointed at the multitude of Peneleo's Indians who covered the shores of the lake.

"I had never seen so many of these savages together. Their lances seemed as numerous as stalks of grass. Their hoarse voices made a vast, inarticulate sound like the murmur of the sea.

"My friend Pajol was swearing to himself. 'Well, then—go to the devil!' he shouted, exasperated. But as I swung round he repented, for I heard him say hurriedly, 'Shoot the fool's horse before he gets away.'

"He had good marksmen. Two shots rang out, and in the very act of turning my horse staggered, fell

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58 and lay still as if struck by lightning. I had my feet: out of the stirrups and rolled clear of him; but I did not attempt to rise. Neither dared they rush out to drag me in.

"The masses of Indians had begun to move upon the fort. They rode up in squadrons, trailing their long chusos; then dismounted out of musket-shot, and, throwing off their fur mantles, advanced naked to the attack, stamping their feet and shouting in cadence. A sheet of flame ran three times along the face of the fort without checking their steady march. They crowded right up to the very stakes, flourishing their broad knives. But this palisade was not fastened together with hide lashings in the usual way, but with long iron nails, which they could not cut. Dismayed at the failure of their usual method of forcing an entrance, the heathen, who had marched so steadily against the musketry fire, broke and fled under the volleys of the besieged.

"Directly they had passed me on their advance I got up and rejoined Gaspar Ruiz on a low ridge which jutted out upon the plain. The musketry of his own men had covered the attack, but now at a sign from him a trumpet sounded the 'Cease fire.' Together we looked in silence at the hopeless rout of the savages.

"'It must be a siege, then,' he muttered. And I detected him wringing his hands stealthily.

"But what sort of siege could it be? Without any need for me to repeat my friend Pajol's message, he dared not cut the water off from the besieged. They had plenty of meat. And, indeed, if they had been short he would have been too anxious to send food into the stockade had he been able. But, as a matter of fact, it was we on the plain who were beginning to feel the pinch of hunger.

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Rh "Peneleo, the Indian chief, sat by our fire folded in his ample mantle of guanaco skins. He was an athletic savage, with an enormous square shock head of hair resembling a straw beehive in shape and size, and with grave, surly, much-lined features. In his broken Spanish he repeated, growling like a bad-tempered wild beast, that if an opening ever so small were made in the stockade his men would march in and get the señora—not otherwise.

"Gaspar Ruiz, sitting opposite him, kept his eyes fixed on the fort night and day as it were, in awful silence and immobility. Meantime, by runners from the lowlands that arrived nearly every day, we heard of the defeat of one of his lieutenants in the Maipu valley. Scouts sent afar brought news of a column of infantry advancing through distant passes to the relief of the fort. They were slow, but we could trace their toilful progress up the lower valleys. I wondered why Ruiz did not march to attack and destroy this threatening force, in some wild gorge fit for an ambuscade, in accordance with his genius for guerilla warfare. But his genius seemed to have abandoned him to his despair.

"It was obvious to me that he could not tear himself away from the sight of the fort. I protest to you, señores, that I was moved almost to pity by the sight of this powerless strong man sitting on the ridge, indifferent to sun, to rain, to cold, to wind; with his hands clasped round his legs and his chin resting on his knees, gazing—gazing—gazing.

"And the fort he kept his eyes fastened on was as still and silent as himself. The garrison gave no sign of life. They did not even answer the desultory fire directed at the loopholes.

"One night, as I strolled past him, he, without

title: Page:A Set of Six.djvu/79


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Page:A Set of Six.djvu/80

60 changing his attitude, spoke to me unexpectedly. 'I have sent for a gun,' he said. 'I shall have time to get her back and retreat before your Robles manages to crawl up here.'

"He had sent for a gun to the plains.

"It was long in coming, but at last it came. It was a seven-pounder field gun. Dismounted and lashed crosswise to two long poles, it had been carried up the narrow paths between two mules with ease. His wild cry of exultation at daybreak when he saw the gun escort emerge from the valley rings in my ears now.

"But, señores, I have no words to depict his amazement, his fury, his despair and distraction, when he heard that the animal loaded with the gun-carriage had, during the last night march, somehow or other tumbled down a precipice. He broke into menaces of death and torture against the escort. I kept out of his way all that day, lying behind some bushes, and wondering what he would do now. Retreat was left for him, but he could not retreat.

"I saw below me his artillerist, Jorge, an old Spanish soldier, building up a sort of structure with heaped-up saddles. The gun, ready loaded, was lifted on to that, but in the act of firing the whole thing collapsed and the shot flew high above the stockade.

"Nothing more was attempted. One of the ammunition mules had been lost, too, and they had no more than six shots to fire; ample enough to batter down the gate providing the gun was well laid. This was impossible without it being properly mounted. There was no time nor means to construct a carriage. Already every moment I expected to hear Robles' bugle-calls echo amongst the crags.

"Peneleo, wandering about uneasily, draped in his

title: Page:A Set of Six.djvu/80