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United States v. Felix/Opinion of the Court

Chief Justice Rehnquist delivered the opinion of the Court.

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: "[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb."

During the summer of 1987, respondent Frank Dennis Felix operated a facility in Beggs, Oklahoma, at which he manufactured methamphetamine in violation of applicable federal statutes. In July, this facility was raided and shut down by Drug Enforcement Administration (DEA) agents. Felix thereupon ordered precursor chemicals and equipment for the manufacture of methamphetamine to be delivered to him at Joplin, Missouri. DEA agents observed the transfer of these items and arrested Felix shortly afterwards. He was charged and tried in the Western District of Missouri for the offense of attempting to manufacture the illegal drug between August 26 and August 31, 1987. This charge was based upon the delivery of the materials to him at Joplin. He was tried, found guilty, and his conviction and sentence were affirmed by the Court of Appeals for the Eighth Circuit.

In February 1989, Felix was charged in the Eastern District of Oklahoma with both conspiracy and substantive counts in connection with the operation of the facility at Beggs. He was tried and convicted, but the Court of Appeals for the Tenth Circuit reversed most of the counts on which he had been found guilty because of its view that trial on these counts constituted double jeopardy in violation of the Fifth Amendment. We hold that prosecution of a defendant for conspiracy, where certain of the overt acts relied '''[p. 381]''' upon by the Government are based on substantive offenses for which the defendant has been previously convicted, does not violate the Double Jeopardy Clause.

I
At Felix's trial for attempting to manufacture methamphetamine in Missouri, the Government showed that on August 26, 1987, Felix asked to purchase chemicals and equipment needed for the manufacture of methamphetamine from George Dwinnells, a DEA informant. Felix made a down payment of $7,500 toward the purchase, and in later telephone conversations instructed Dwinnells to deliver the items to a Joplin, Missouri, hotel on August 31, 1987. Dwinnells met Felix at the hotel on that date with the merchandise. After Felix inspected the items and hitched his car to the trailer in which the items had been transported, Government officials arrested him.

Felix's defense in the Missouri case was that "he never had criminal intent, but had been acting under the mistaken belief that he was working in a covert DEA operation. United States v. Felix, 867 F.2d 1068, 1074 (CA8 1989). In order to establish Felix's criminal intent with respect to the items delivered in Missouri, the Government introduced evidence that Felix had manufactured methamphetamine in Oklahoma earlier in 1987. See Fed. Rule Evid. 404(b) (Evidence of prior acts is admissible to show "motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident"). The evidence showed that during the spring of 1987, Felix had purchased precursor materials from Dwinnells and had furnished those items to Paul Roach in exchange for lessons on how to manufacture methamphetamine. Roach, who testified for the Government at Felix's Missouri trial, stated that he and Felix had produced methamphetamine in a trailer near Beggs, Oklahoma. Government agents had seized the trailer, which was indeed being used as a methamphetamine lab, on July 13, 1987. '''[p. 382]''' The agents did not arrest Felix at that time, however; he later told Dwinnells that he had avoided arrest by hiding in the nearby woods. In accordance with Rule 404(b), the District Court instructed the jury that the evidence of the Oklahoma transactions was admissible only to show Felix's state of mind with respect to the chemicals and equipment he attempted to purchase in Missouri. The jury convicted Felix, and the Eighth Circuit affirmed. 867 F. 2d, at 1070–1076.

The Government subsequently named Felix in 8 counts of an 11-count indictment filed in the United States District Court for the Eastern District of Oklahoma. Count 1 charged that Felix and five others conspired, between May 1, 1987, and August 31, 1987, to manufacture, possess, and distribute methamphetamine. Felix was named in nine of the overt acts supporting the conspiracy charge; two of those nine overt acts were based on conduct that had been the subject of the earlier Missouri prosecution. Overt act 17 charged that "[o]n August 26, 1987, Frank Dennis Felix, while in Tulsa, Oklahoma, provided money for the purchase of chemicals and equipment necessary in the manufacture of methamphetamine." Overt act 18 charged that "[o]n August 31, 1987, Frank Dennis Felix, while at a location in Missouri, possessed chemicals and equipment necessary in the manufacture of methamphetamine.” Along with the conspiracy charge, Felix was named in seven substantive counts. Counts 2 through 5 alleged that on or about July 13, 1987, in the Eastern District of Oklahoma, Felix had manufactured methamphetamine, possessed methamphetamine with intent to distribute it, possessed methamphetamine oil with intent to manufacture methamphetamine, and manufactured phenylacetone, a methamphetamine precursor. Count 6 charged that, between June 1, 1987, and July 13, 1987, in the Eastern District of Oklahoma, Felix and a codefendant had maintained a methamphetamine manufacturing lab. Counts 9 and 10 charged that, on or about June 21, 1987, and July 13, [p. 383] 1987, Felix had traveled from Texas to the Eastern District of Oklahoma with the intent to promote the manufacture of methamphetamine and had thereafter attempted to promote that activity. At trial, the Government introduced much of the same evidence of the Missouri and Oklahoma transactions that had been introduced in the Missouri trial. The jury convicted Felix of all the crimes with which he was charged.

A divided panel of the Court of Appeals for the Tenth Circuit reversed Felix's convictions on counts 1 through 6 of the Oklahoma indictment. The court began by quoting our statement in Grady v. Corbin, 495 U.S. 508 (1990), that the Double Jeopardy Clause bars a subsequent prosecution where the government, "'to establish an essential element of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted.'" 926 F.2d 1522, 1527 (1991) (quoting Grady v. Corbin, supra, at 521). With respect to count 1, the conspiracy charge, the court observed that in both the Missouri and Oklahoma trials, the Government proved that Felix had learned to make methamphetamine in Oklahoma, had thereafter manufactured the drug at the lab near Beggs, Oklahoma, and had sought to purchase more chemicals and equipment in Missouri after the raid on the Oklahoma lab. Based on the significant duplication of conduct proved in each trial, the court concluded that the Oklahoma conspiracy count was barred under the Double Jeopardy Clause because it charged "the same conduct for which he was previously convicted in Missouri." 926 F.2d, at 1530. With respect to the substantive offenses charged in counts 2 through 6, the court noted that the direct evidence supporting these charges—the fact that Felix had purchased chemicals and equipment during the spring of 1987, and had subsequently manufactured methamphetamine at the Beggs, Oklahoma, trailer—had been introduced at the previous Missouri trial to show intent. The court concluded that this '''[p. 384]''' duplication "subjected Felix to a successive trial for the same conduct," and therefore reversed Felix's convictions on counts 2 through 6. Id., at 1530–1531.

We granted certiorari, 502 U.S. 806 (1991), to consider whether the Double Jeopardy Clause bars the prosecution of Felix for these crimes. We hold that it does not, and so reverse.

II
We first consider whether the Double Jeopardy Clause bars Felix's prosecution on the substantive drug offenses contained in counts 2 through 6 of the Oklahoma indictment. The Court of Appeals held that the Government was fore- '''[p. 385]''' closed from prosecuting these charges, because it had presented evidence of the Oklahoma drug operation at the prior trial in order to help demonstrate Felix's criminal intent with respect to the Missouri transaction.

At its root, the Double Jeopardy Clause forbids the duplicative prosecution of a defendant for the "same offence." U. S. Const., Amdt. 5; see Blockburger v. United States, 284 U.S. 299 (1932). An examination of the indictments below shows that Felix was charged in the Missouri case only with attempting to manufacture methamphetamine in Missouri, in late August 1987. App. to Pet. for Cert. 62a–63a. In the five substantive drug counts of the Oklahoma indictment that are at issue here, Felix was charged with various drug offenses that took place in Oklahoma, in June and July 1987. Id., at 55a–57a. The crimes charged in the Oklahoma indictment were related to the operation of the methamphetamine lab near Beggs, Oklahoma, in the summer of 1987, while the crime charged in the Missouri indictment dealt solely with Felix's attempt to purchase chemicals and equipment from Dwinnells in order to continue methamphetamine operations after the Beggs lab was raided. The actual crimes charged in each case were different in both time and place; there was absolutely no common conduct linking the alleged offenses. In short, none of the offenses for which Felix was prosecuted in the Oklahoma indictment is in any sense the "same offence" as the offence for which he was prosecuted in Missouri.

The Court of Appeals appears to have acknowledged as much, as it concentrated not on the actual crimes prosecuted in the separate trials, but instead on the type of evidence presented by the Government during the two trials. The court found it decisive that the Government had introduced evidence of Felix's involvement in the Oklahoma lab to help show criminal intent for purposes of the Missouri trial. But it is clear that, no matter how much evidence of the Oklahoma transactions was introduced by the Government to '''[p. 386]' help show Felix's state of mind, he was not prosecuted'' in the Missouri trial for any offense other than the Missouri attempt offense with which he was charged. Thus, the Court of Appeals holding must rest on an assumption that if the Government offers in evidence in one prosecution acts of misconduct that might ultimately be charged as criminal offenses in a second prosecution, the latter prosecution is barred under the Double Jeopardy Clause.

But such an assumption is not supportable; our precedents hold that a mere overlap in proof between two prosecutions does not establish a double jeopardy violation. The Court of Appeals relied on the above-quoted language from our opinion in Grady v. Corbin, 495 U.S., at 521, in reaching its result. But we think that this is an extravagant reading of Grady, which disclaimed any intention of adopting a "'same evidence'" test. Id., at 521, and n. 12; accord, Gavieres v. United States, 220 U.S. 338 (1911). Our decision two Terms ago in Dowling v. United States, 493 U.S. 342 (1990), drives home this point.

In that case, Dowling was charged with bank robbery. To help prove his identity at trial, the Government introduced evidence under Federal Rule of Evidence 404(b) concerning the unrelated robbery of a woman named Vena Henry. She testified that she had been robbed by a man wearing a knitted mask similar to the one used by the bank robber, and that she had been able to identify the intruder as Dowling after unmasking him during a struggle. We upheld the introduction of Henry's testimony at the bank robbery trial, despite the fact that Dowling had previously been acquitted of the Henry charges. The primary ruling of that case was our conclusion that the collateral-estoppel component of the Double Jeopardy Clause offered Dowling no protection despite his earlier acquittal, because the relevance of evidence offered under Rule 404(b) was governed by a lower standard of proof than that required for a conviction. See 493 U.S., at 348–349 (citing Huddleston v. United States, 485 U. S. 681, [p. 387] 689 (1988)). But it is clear that we would not have had to reach the collateral-estoppel question if the mere introduction, pursuant to Rule 404(b), of evidence concerning the Henry robbery constituted a second prosecution of that crime for purposes of the Double Jeopardy Clause. Underlying our approval of the Henry evidence in Dowling is an endorsement of the basic, yet important, principle that the introduction of relevant evidence of particular misconduct in a case is not the same thing as prosecution for that conduct.

That principle is clearly applicable here. At the Missouri trial, the Government did not in any way prosecute Felix for the Oklahoma methamphetamine transactions; it simply introduced those transactions as prior acts evidence under Rule 404(b). The Government was therefore free to prosecute Felix in the trial below for the substantive drug crimes detailed in counts 2 through 6.

III
We next examine whether the Court of Appeals erred in holding that the Double Jeopardy Clause bars the prosecution of Felix for the conspiracy charge contained in count 1 of the indictment. Here, too, that court—with considerable '''[p. 388]' justification—relied upon language from our Grady'' opinion to support its conclusion. There is no doubt that the conspiracy charge presents a more difficult question than the substantive drug offenses dealt with in Part II above, because with respect to it there exists more than a mere overlap in evidence. Of the nine overt acts supporting the conspiracy charge against Felix, two were based on the conduct for which he had been previously prosecuted in Missouri. But we hold that because of long established precedent in this area, which was not questioned in Grady, Felix's claim of double jeopardy fails.

Felix contends, and the Court of Appeals agreed, that language from Grady bars the conspiracy prosecution. There we said that the Double Jeopardy Clause bars a prosecution where the Government, "to establish an essential element of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted." 495 U.S., at 521. Taken out of context, and read literally, this language supports the defense of double jeopardy. But we decline to read the language so expansively, because of the context in which Grady arose and because of difficulties which have already arisen in its interpretation.

Grady involved a defendant who had driven his car across the median line of a two-way highway and struck an oncoming car, killing one of the occupants. The State charged the defendant with driving while intoxicated and with failing to keep right of the median, and the defendant pleaded guilty to those two traffic violations. Two months later, the State prosecuted the defendant on homicide and assault charges arising from the accident, and the defendant argued that this was a violation of his rights under the Double Jeopardy Clause. In our decision, we recognized our previous holdings that the traditional Blockburger test governing double jeopardy claims bars a subsequent prosecution if one of the two offenses is a lesser included offense of the other. See '''[p. 389]' Grady v. Corbin, supra, at 519 (citing Brown v. Ohio, 432 U.S. 161 (1977); Harris v. Oklahoma'', 433 U.S. 682 (1977)). Although the traffic offenses involved in Grady were not technically lesser included offenses of the homicide and assault charges, we analogized the case to the situation we had previously confronted in Illinois v. Vitale, 447 U.S. 410 (1980). There, the State sought to prosecute the defendant for involuntary manslaughter after a car accident. We stated, in dicta, that if the State found it necessary to rely on a previous failure to reduce speed conviction to sustain the manslaughter charge, the Double Jeopardy Clause might protect the defendant. See id., at 420. Despite the fact that neither offense was technically a lesser included offense of the other, we observed that, in such a circumstance, the failure to slow offense might be viewed as a "species of lesser-included offense." Ibid. In Grady, the State sought to rely on the two previous traffic offense convictions to sustain the homicide and assault charges, presenting the situation about which we had speculated in Vitale. In concluding that the Double Jeopardy Clause barred the subsequent homicide and assault prosecutions, we simply adopted the suggestion we had previously made in dicta in ''Vitale. Grady v. Corbin, supra'', at 521.

But long antedating any of these cases, and not questioned in any of them, is the rule that a substantive crime and a conspiracy to commit that crime are not the "same offence" for double jeopardy purposes.

For example, in United States v. Bayer, 331 U.S. 532 (1947), a military officer had been convicted in court-martial proceedings of discrediting the military service by accepting payments in return for transferring soldiers to noncombat units. We held that his subsequent prosecution in federal court on charges of conspiring to defraud the Government of his faithful services was not barred by the Double Jeopardy Clause, despite the fact that it was based on the same underlying incidents, because the "essence" of a conspiracy offense '''[p. 390]''' "is in the agreement or confederation to commit a crime." Id., at 542. In language applicable here, we pointedly stated that "the same overt acts charged in a conspiracy count may also be charged and proved as substantive offenses, for the agreement to do the act is distinct from the act itself." Ibid.; see also Pinkerton v. United States, 328 U.S. 640, 643 (1946) ("[T]he commission of the substantive offense and a conspiracy to commit it are separate and distinct offenses...[a]nd the plea of double jeopardy is no defense to a conviction for both offenses”). We have continued to recognize this principle over the years. See Iannelli v. United States, 420 U.S. 770, 777–779 (1975); Garrett v. United States, 471 U.S. 773, 778 (1985) ("[C]onspiracy is a distinct offense from the completed object of the conspiracy"); cf. id., at 793 ("[I]t does not violate the Double Jeopardy Clause...to prosecute [a continuing criminal enterprise] offense after a prior conviction for one of the predicate offenses").

In a related context, we recently cautioned against "ready transposition of the 'lesser included offense' principles of double jeopardy from the classically simple situation presented in Brown [v. Ohio]  to the multilayered conduct, both as to time and to place, involved in [continuing criminal enterprise (CCE) prosecutions]." Id., at 789. The great majority of conspiracy prosecutions involve similar allegations of multilayered conduct as to time and place; the conspiracy charge against Felix is a perfect example. Reliance on the lesser included offense analysis, however useful in the context of a "single course of conduct," is therefore much less helpful in analyzing subsequent conspiracy prosecutions that are supported by previously prosecuted overt acts, just as it falls short in examining CCE offenses that are based on previously prosecuted predicate acts. Id., at 788–789.

Faced with the necessity of reconciling this longstanding authority with our language in Grady, we choose to adhere to the Bayer-Pinkerton line of cases dealing with the distinction between conspiracy to commit an offense and the '''[p. 391]''' offense itself. These are separate offenses for double jeopardy purposes. The majority in the Court of Appeals below essentially read Grady as substituting for the "same offence" language of the Double Jeopardy Clause a test based on whether the two prosecutions involve the "same conduct." The dissenting judge in the Court of Appeals thought that this was an oversimplification, pointing to the fact that the word "conduct" in the previously quoted sentence from Grady is modified by the phrase "'that constitutes an offense for which the defendant has already been prosecuted.'" 926 F.2d, at 1532 (Anderson, J., dissenting) (quoting Grady v. Corbin, 495 U.S., at 521). The Court of Appeals for the Second Circuit, in United States v. Calderone, 917 F.2d 717 (1990), upheld a claim of double jeopardy by a divided vote, with each judge on the panel writing an opinion interpreting the crucial language from Grady differently. That court decided that the "conduct" at issue in a conspiracy prosecution is not the agreement itself, but the conduct from which the Government asks the jury to infer that there was an agreement. 917 F.2d, at 721. Judge Newman filed a concurring opinion, concluding that Grady bars a subsequent prosecution only when previously prosecuted conduct will be used to establish the entirety of an element of the second crime. See 917 F.2d, at 723–725 (Newman, J., concurring). Other Courts of Appeals, as described in more detail in n. 2, supra, have rejected double jeopardy claims in similar situations. It appears that while Grady eschewed a "same evidence" test and Garrett rejected a "'single transaction'" test, Garrett v. United States, supra, at 790, the line between those tests and the "same conduct" language of Grady is not easy to discern.

We think it best not to enmesh in such subtleties the established doctrine that a conspiracy to commit a crime is a separate offense from the crime itself. Thus, in this case, the conspiracy charge against Felix was an offense distinct from any crime for which he had been previously prosecuted, and '''[p. 392]''' the Double Jeopardy Clause did not bar his prosecution on that charge.

The judgment of the Court of Appeals is accordingly

Reversed.


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text: Dictionary of National Biography, 1885-1900/Johnston, Alexander Keith (1804-1871)


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206 they find something to complain of. To listen to them is like reading a few pages out of Archenholz's book.

To me the Apennines are a most remarkable portion of the world. The great plains of the basin of the Po are followed by a hilly tract which rises out of the bottom, in order, after running between the two seas, to form the southern extremity of the continent. If the hills had been not quite so steep and high above the level of the sea, and had not their directions crossed and recrossed each other as they do, the ebb and flow of the tides in primeval times might have exercised a greater and wider influence on them, and might have washed over and formed extensive plains; in which case this would have been one of the most beautiful regions of this glorious clime,—somewhat higher than the rest of it. As it is, however, it is a strong net of mountain-ridges, interlacing each other in all directions. One often is puzzled to know whither the waters will find their vent. If the valleys were better filled up, and the bottoms flatter and more irrigated, the land might be compared to Bohemia, only that the mountains have in every respect a different character. However, it must not for one moment be thought of as a mountainous waste, but as a highly cultivated though hilly district. The chestnut grows very fine here; the wheat excellent, and that of this year's sowing is already of a beautiful green. Along the roads are planted evergreen oaks with their small leaves; but around the churches and chapels, the slim cypress.

Oct. 25, 1786.

Evening.

For two evenings I have not been writing. The inns on the road were so wretchedly bad, that it was quite useless to think of bringing out a sheet of paper. Moreover, I begin to be a little puzzled to find a


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


text: Dictionary of National Biography, 1885-1900/Johnston, George (1797-1855)


text: Dictionary of National Biography, 1885-1900/Johnston, George (1814-1889)


text: Dictionary of National Biography, 1885-1900/Johnston, Henry (d.1723)


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


text: Dictionary of National Biography, 1885-1900/Johnston, James (1643?-1737)


text: Dictionary of National Biography, 1885-1900/Johnston, James Finlay Weir


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Rh ; for, since quitting Venice, the travelling-bag has got more and more into confusion.

Early in the morning (at twenty-three o'clock, or about ten of our reckoning) we left the region of the Apennines, and saw Florence in an extensive valley, which is highly cultivated, and sprinkled over with villas and houses without end.

I ran rapidly over the city, the cathedral, the baptistery. Here, again, a perfectly new and unknown world opened upon me, on which, however, I will not further dwell. The gardens of the Botoli are most delightfully situated. I hastened out of them as fast as I had entered them.

In the city we see the proof of the prosperity of the generations who built it. The conviction is at once forced upon us, that they must have enjoyed a long succession of wise rulers, but, above all, one is struck with the beauty and grandeur which distinguish all the public works and roads and bridges in Tuscany. Everything here is at once substantial and clean. Use and profit, not less than elegance, are alike kept in view: everywhere we discern traces of the care which is taken to preserve them. The cities of the Papal States, on the contrary, only seem to stand because the earth is unwilling to swallow them up.

The sort of country that I lately remarked the region of the Apennines might have been, is what Tuscany really is. As it lies so much lower, the ancient sea was able to do its duty properly, and has thrown up here deep beds of excellent marl. It is a light yellow hue, and easily worked. They plough deep, retaining, however, most exactly the ancient manner. Their ploughs have no wheels, and the share is not movable. Bowed down behind his oxen, the peasant pushes it down into the earth, and turns up the soil. They plough over a field as many as five times, and use but little dung, which they scatter with


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


text: Dictionary of National Biography, 1885-1900/Johnston, John (1570?-1611)


text: Dictionary of National Biography, 1885-1900/Johnston, John (d.1690)


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208 the hands. After this, they sow the corn. Then they plough together two of the smaller ridges into one, and so form deep trenches, of such a nature that the rainwater easily runs off the lands into them. When the corn is grown up on the ridges, they can also pass along these trenches in order to weed it. This way of tilling is a very sensible one wherever there is a fear of overmoisture; but why it is practised on these rich open plains I cannot understand. This remark I just made at Arezzo, where a glorious plain expands itself. It is impossible to find cleaner fields anywhere. Not even a lump of earth is to be seen: all is as fine as if it had been sifted. Wheat thrives here most luxuriantly, and the soil seems to possess all the qualities required by its nature. Every second year, beans are planted for the horses, who in this country get no oats. Lupines are also much cultivated, which at this season are beautifully green, being ripe in March. The flax, too, is up. It stands the winter, and is rendered more durable by frost.

The olive-trees are strange plants. They look very much like willows: like them, also, they lose the heart of the wood, and the bark splits. But still they have a greater appearance of durability; and one sees from the wood, of which the grain is extremely fine, that it is a slow grower. The foliage, too, resembles that of the willow, only the leaves on the branches are thinner. All the hills around Florence are covered with olive-trees and vines, between which grain is sown; so that every spot of ground may be made profitable. Near Arezzo, and farther on, the fields are left more free. I observed that they take little care to eradicate the ivy, which is so injurious to the olive and the vine, although it would be so easy to destroy it. There is not a meadow to be seen. It is said that the Indian corn exhausts the soil. Since it has been introduced, agriculture has suffered in its other crops. I can well believe it with their scanty manuring.


text: Dictionary of National Biography, 1885-1900/Johnstone, Andrew James Cochrane


text: Dictionary of National Biography, 1885-1900/Johnstone, Bryce


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


text: Dictionary of National Biography, 1885-1900/Johnstone, Christian Isobel


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


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


text: Dictionary of National Biography, 1885-1900/Johnstone, James (d.1798)


text: Dictionary of National Biography, 1885-1900/Johnstone, James (1719-1800?)


text: Dictionary of National Biography, 1885-1900/Johnstone, James (1730?-1802)


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Rh Yesterday I took leave of my captain with a promise of visiting him at Bologna on my return. He is a true representative of the majority of his countrymen. Here, however, I would record a peculiarity which personally distinguished him. As I often sat quiet, and lost in thought, he once exclaimed, "Che pensa? non deve mai pensar l'uomo, pensando s'invecchia;" which, being interpreted, is as much as to say, "What are you thinking about? A man ought never to think. Thinking makes one old." And now for another apothegm of his: "Non deve fermarsi l'uomo in una sola cosa, perche allora divien matto; bisogna aver mille cose, una confusione nella testa;" in plain English, "A man ought not to rivet his thoughts exclusively on any one thing: otherwise he is sure to go mad. He ought to have in his head a thousand things, a regular medley."

Certainly the good man could not know that the very thing which made me so thoughtful was my having my head mazed by a regular confusion of things, old and new. The following anecdote will serve to elucidate still more clearly the mental character of an Italian of this class. Having soon discovered that I was a Protestant, he observed, after some circumlocution, that he hoped I would allow him to ask me a few questions; for he had heard such strange things about us Protestants, that he wished to know for a certainty what to think of us. "May you," he said, "live with a pretty girl without being married to her? do your priests allow you to do so?" To this I replied, that "our priests are prudent folk, who take no notice of such trifles. No doubt, if we were to consult them upon such a matter, they would not permit it." "Are you, then, not obliged to ask them?" he exclaimed. "Happy fellows! as they do not confess you, they of course do not find it out." Hereupon he gave vent, in many reproaches, to his discontent with his own priests, uttering at the same time loud praises


text: Dictionary of National Biography, 1885-1900/Johnstone, John (1603-1675)


text: Dictionary of National Biography, 1885-1900/Johnstone, John (1768-1836)


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


text: Dictionary of National Biography, 1885-1900/Johnstone, William (d.1721)


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


text: Dictionary of National Biography, 1885-1900/Johnys, Hugh


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Page:The Works of Lord Byron (ed. Coleridge, Prothero) - Volume 1.djvu/224

184 TO EDWARD NOEL LONG, ESQ.

"Nil ego contulerim jucundo sanus amico."—.

, in this sequester'd scene,

While all around in slumber lie,

The joyous days, which ours have been

Come rolling fresh on Fancy's eye;

Thus, if, amidst the gathering storm,

While clouds the darken'd noon deform,

Yon heaven assumes a varied glow,

I hail the sky's celestial bow,

Which spreads the sign of future peace,

And bids the war of tempests cease.

Ah! though the present brings but pain,

I think those days may come again;


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Rh Or if, in melancholy mood,

Some lurking envious fear intrude,

To check my bosom's fondest thought,

And interrupt the golden dream,

I crush the fiend with malice fraught,

And, still, indulge my wonted theme.

Although we ne'er again can trace,

In Granta's vale, the pedant's lore,

Nor through the groves of Ida chase

Our raptured visions, as before;

Though Youth has flown on rosy pinion,

And Manhood claims his stern dominion,

Age will not every hope destroy,

But yield some hours of sober joy.

Yes, I will hope that Time's broad wing

Will shed around some dews of spring:

But, if his scythe must sweep the flowers

Which bloom among the fairy bowers,

Where smiling Youth delights to dwell,

And hearts with early rapture swell;

If frowning Age, with cold controul,

Confines the current of the soul,

Congeals the tear of Pity's eye,

Or checks the sympathetic sigh,

Or hears, unmov'd, Misfortune's groan,

And bids me feel for self alone;


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186 Oh! may my bosom never learn

To soothe its wonted heedless flow;

Still, still, despise the censor stern,

But ne'er forget another's woe.

Yes, as you knew me in the days,

O'er which Remembrance yet delays

Still may I rove untutor'd, wild,

And even in age, at heart a child.

Though, now, on airy visions borne,

To you my soul is still the same.

Oft has it been my fate to mourn,

And all my former joys are tame:

But, hence! ye hours of sable hue!

Your frowns are gone, my sorrows o'er:

By every bliss my childhood knew,

I'll think upon your shade no more.

Thus, when the whirlwind's rage is past,

And caves their sullen roar enclose,

We heed no more the wintry blast,

When lull'd by zephyr to repose.


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from the continent of Europe by the sea, Britain seems to have been but imperfectly known to the historians of antiquity. Herodotus, who wrote 450 years before Christ, is supposed to have included it among the Cassiterides, a group of islands lying off the coast of Cornwall, better known as the Scilly Isles. Aristotle, a century later, speaks of Albion and Ierne. Strabo, the contemporary of Cæsar, informs us that the Phœnicians carried on a considerable commerce with the Cassitĕrides, where they obtained lead, tin, and skins; and that, so jealous were they lest any other nation should participate in the advantages of the trade, the captain of one of their ships, finding himself pursued by several Roman galleys sent to discover the island, purposely led them on a shoal of rocks, rather than betray the route, and suffered shipwreck with them. His countrymen compensated him for his loss.

Pliny has recorded the name of the navigator who first brought lead from the Cassiterides:—

Most writers have agreed that Britain was first peopled by the Gauls, or, more properly speaking, the Celtæ, who came over from the neighbouring continent; and adduce the identity of language, government, and religion of the two nations in support of their opinion. As population increased, the inhabitants of the island gradually became divided into a variety of tribes or states, each having a separate chief, who was far, however, from exercising a despotic power, unless in time of war; in peace, the supreme authority, as is frequently found among barbarian nations, was vested in their Druids or priests, who combined with the sacerdotal office those of legislator and judge.

The historians of antiquity commonly give the name of Celts to the greater part of the inhabitants of Central and Western Europe. Two distinct peoples have been confounded under it, both in Gaul and Britain—the race of Gael, and that of the Cimbri.

The irruption of the Scythians, which occurred seven centuries before the Christian era, dispersed the Cimbri. Vast hordes of the latter nation settled in the countries between the Lower Danube and the mouth of the Elbe, and, in course of time, invaded a great part of Gaul. According to tradition, the first of the race who settled in Britain was named Hu the Cadarn, or Hugh the Powerful. Another chief, named Prydain, son of Aed the Great, came over at a later period, and being a great legislator, as well as a warrior, gave his name to the entire island, since corrupted into Britain.

Whitaker, in his "History of Manchester," contends that the island derives its name from the Celtic root, Brit, which signifies broken or separated, in allusion to the large number of islands composing the group to which the name was originally applied. Many fierce contests, doubtless, ensued before the Cimbri succeeded in establishing their authority; but that they did succeed in doing so, there can be no reasonable doubt. The Gaels gradually submitted to their yoke, although they still continued to form the most important part of the population.

Many other bands of emigrants succeeded: amongst others, the Belgæ (a people of Gaul, but of German origin), who landed on the southern coast, and gradually extended themselves over the country comprised between the Thames, the Severn, and the sea.

Thus we see that the inhabitants of the island were composed of different tribes and nations. The most ancient at the time of Cæsar's expedition were—

The Silures, established on the borders of the Severn. They had extended their authority over the Ordovices and Dimetæ. The country inhabited by these three races comprises the Principality of Wales.

The western part of the island, as far south as the Bristol Channel, was inhabited by the Damnonii, a colony of whom afterwards settled in Gaul, and gave the name of the country they quitted to La Basse Bretagne. The western coast was occupied by the Belgæ.

On the left bank of the Thames were the Trinobantes, a comparatively weak race, but celebrated for having laid the foundation of London; which was so insignificant a place in the time of Cæsar, that he does not condescend to mention it in his "Commentaries."

Between the Trinobantes and the Silures were the Atrĕbātes, originally from Artois; the Dobuni; and the Catti, whose renowned chief, Cassibelan, was the leader of the confederated tribes and nations against Cæsar and his legions.

From the country of the Trinobantes to the Wash, the eastern coast was occupied by the Iceni; the Coritavi were settled between the Wash and the Humber.

The Cornavii inhabited the west; and from the Humber to the Tyne existed the Brigantes, the most powerful of the nations which inhabited Britain; they were divided into several confederate states, and renowned for their fierceness in war.

Between the Coritavi and the Brigantes were the Parīsii.

From the north of the Tyne to the plains which form the Lowlands of Scotland, were five nations known as the Maætæ. The fierce and savage tribes, inhabitants of the highlands, were comprised under the general name of Caledonians.

Such were the various people and tribes designated in the time of Cæsar as Britons; a motley population, preying on each other, savage as the wilds in which they dwelt; depending for existence on their flocks and herds, or the spoils of war and the chase. The country was little better than a wilderness, having neither roads nor canals, and so thickly covered with wood that but little space was left for cultivation.

The form of government in the island was as divided as the races which inhabited it. In the south the monarchical form generally prevailed; whilst the patriarchal system pre-dominated in the north amongst the Gaels, where the chief of each tribe, and the heads of families on their own domains, exercised sovereign authority, always subjected, however, to the influence of the Druids, who were regarded with the most profound veneration by all classes of the people.

The religion of the Druids was dark and mysterious as the gloomy forests in which it first drew birth, and in whose deepest recesses they celebrated their cruel rites. From time immemorial it had existed amongst the Gaels, who introduced it into Britain when they first settled in the island. Its ministers built no covered temples, deeming it an insult


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Category:Political science

Political science is a social science concerned with the study of the state, government and politics;[1] it deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior. (From Wikipedia)

title: Category:Political science


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 gravelly soil there was less danger of our again suffering as we had the day before. By eight o'clock everything was ready for a start; but we had scarcely mounted when rain and sleet came down in such torrents, beaten against our faces by the east wind, that we resolved to wait. In an hour, the storm having slightly moderated, we made a second attempt to proceed, enveloped in good waterproofs. Our destination was Shurâb, i.e., 'Salt water.' The road was good throughout, though stony in some places and narrow in others. After three miles we began a gradual ascent into the hills, where the rain turned into fine driving snow; after nine miles we passed a large, empty caravanserai, where we took refuge for a short time, and then pushed on, fighting against a heavy snow-storm, until we reached the post-station of Shurâb, seventeen miles, where we lit a fire, dried our clothes, and lunched; but the post-boy with our luggage did not put in an appearance for two hours after our arrival.

We left Shurab at 1.30 for a twenty-five mile ride to Nishapūr. Our route was


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, descending over undulating hills to a tract called Dasht-i-Garinab. The weather at first looked brighter, but ere long we found ourselves exposed to heavy, cold rain. At ten miles we had to cross a bridgeless water-course, and the banks being steep and muddy we were forced to dismount and lead our horses across; in spite of this the gholam's horse fell, and for a time seemed hopelessly bogged; having with difficulty extricated it, we pushed on over a soft, salt plain, into which the horses sank heavily — these were the worst horses which we had had on the whole journey, and for the last five miles they could scarcely proceed at a walking pace, which was all the more trying, because in the dim, misty distance, through the driving rain we could discern our destination, which we seemed utterly unable to reach. At 6.30, having taken five hours to do twenty-five miles, we literally staggered into Nishapūr, and finding the bala khaneh too cold and draughty to be occupied, we chose one of the small, dark, lower rooms, where we lit a fire and proceeded to dry our soaked clothes. At 9.30 we dined, having previously received a


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 formal visit from the Persian telegraph clerk, whom we politely entertained with as much grandeur and dignity as our limp condition and wretched surroundings would permit.

Next morning, Tuesday, March 18th, we were awakened by daylight shining through a hole in the roof just above our mattresses, so it was fortunate that no rain fell in the night. On going out about six we were delighted to see a gleam of blue sky, and although the air felt damp and raw and the neighbouring hills were covered with snow, the weather looked better and more hopeful than it had for several days. While waiting for early breakfast we strolled about the town of Nishapūr, which contains now only ten thousand inhabitants, and is a place devoid of interest, with the exception of the celebrated turquoise mines, which are situated twenty-eight miles to the north.

After breakfast we started for a twenty miles ride to Kadamgah, all of us having good horses with the exception of Chivers, who had to content herself with a rough chestnut pony. After going about two miles the wretched little animal fell, and sent his rider headlong into a


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 patch of cultivated ground. Fortunately it was soft falling, so no harm was done beyond the shock, which a pull at my brandy-flask speedily counteracted. The gholam was sent back to fetch a better and more trustworthy horse, whilst we remained for about three-quarters of an hour by the roadside, and watched native travellers — men, women, and children — as well as corpses, in coffins and without coffins, slowly wending their weary way to the sainted spots of Kadamgah and Meshed. At 9.30 we made a fresh start, over an alluvial plain and cultivated ground, studded here and there with trees and villages. For the first fourteen miles the country had a smiling, prosperous look, but the last six miles were over gravelly and stony ground. We reached Kadamgah, where there is a good post-house, a caravanserai, and a shrine of some note, at 11.30. Tradition says that a mark on a large stone at Kadamgah is the foot-print of the holy Imaum Riza, whose shrine is at Meshed. That saint certainly showed excellent taste in halting at Kadamgah, as it is a most picturesque spot, with beautiful trees and rich cultivation, but it is inhabited by Syeds, who


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 are, of course, a rascally lot. The horses at this place were such wretched scarcrows that we refused to take them, and decided to push on with our Nishapûr horses another twenty miles to Fakridood, where we knew General MacLean had sent his own horses to meet us. Our road took us past many villages, some in the plain on our right, others perched on offshoots of the mountains upon the left, and at three o'clock we reached the huge, draughty caravanserai of Fakridood, where we found three good riding horses, as well as an excellent lunch, prepared by General MacLean's servants.

After doing ample justice to all the good things spread before us, we started for a twelve-mile ride to Shurifabad, the last post-house at which we should sleep before reaching Meshed. A cold east wind was blowing, which seemed to threaten snow,but we were fortunately spared any further wettings. The road was uninteresting, skirting the mountain range, until the plain and village of Shurifabad is reached, where there is a strip of cultivation and a good supply of water. The chapar khaneh had been carefully swept out and a fire lighted by General


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 MacLean's servants, so we felt as if we were once more entering the circle of civilisation.

The next morning we started at 8.30 for our final ride — twenty-four miles, into Meshed. The road was rough over the mountains for about five miles, when a broad valley was crossed, after which there is an ascent over the spur of the mountain range which bounds the Meshed plain on the south-south-west. After crossing this spur the plain of Meshed, with the sacred city itself, burst upon our view. A descent of four or five miles brought us to the caravanserai of Turukh, where we were met by Mr. Stagno Navarra, who had ridden out to meet us, and from whom we received a very warm greeting. He told us that General MacLean would meet us near the city, but that he had not recovered sufficiently from his recent illness to ride out any great distance. We rode for some six miles along a broad road, with young trees on each side and cultivated ground, keeping the golden cupola of the shrine of Imaum Riza well in view, and met with no further mishap beyond seeing our gholam's weary horse stumble and


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 chance we had of reaching that day the post-station of Zafarani, which was only eight miles distant — so near and yet so far! Soon after twelve, fortified by our lunch and not relishing the prospect of spending the night in a desolate wool-shed, we hardened our hearts and sallied forth into the teeth of the storm. We could only proceed in single file at a walking pace; the sand was literally blinding, and each rider was only just able to keep the tail of the horse in front of him in view; no talking was possible, owing to the violence of the wind and the danger of being choked with sand. After one hour and a half of blinding torture we struggled into Zafarani, where we spent the rest of the day, bathing our sore eyes, and beating and brushing our clothes. During the night the storm continued raging, and in the morning when we awoke we found all our clothes, which had been so carefully cleaned, covered with a coating of fine sand. Chivers' disgust and indignation may well be imagined.

On going out about 6.30, Monday, March 17th, I found that the wind had slightly moderated, and as our course lay over rocky and


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 pace for about four miles, when we passed a huge caravanserai, into which, in despair, we turned for shelter. It was crowded with camels, donkeys, and native travellers, weatherbound like ourselves, and it was almost painful to see the cakes of sand clotted round the eyes of the unfortunate animals, which we knew from personal experience must have been causing intolerable irritation. Our own faces, in spite of veils, handkerchiefs, and spectacles, were plastered with fine sand, which adhered to the skin by means of the moisture running from our eyes. We found tea the best thing for washing our faces under these conditions, and we bathed our eyes with cooling lotions taken from our medicine chest. Our gholam said he had never experienced in all his many journeys so violent a sand-storm, and as we found it impossible to proceed we took possession of a half empty wool-shed, where we spread our carpets and prepared our luncheon. By this means we whiled away some three hours, every few minutes cautiously opening the door and peering out into the thick, stormy, and sand-laden atmosphere, in order to ascertain what


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 should have the honour and profit of lodging us, and the quarrel at one moment became so violent that the gholam and I were forced to make a demonstration with our whips, in order to save the party from being torn to pieces by our would-be entertainers. Finally we decided to camp for the night in a small room burrowed out of a kind of mud platform or terrace, up which we clambered by some exceedingly defective steps; and as we curled ourselves up in our blankets for the night and listened to the wind raging pitilessly outside, we congratulated ourselves on having found, if not a comfortable, at any rate a safe and secure refuge from the storm.

On getting up the next morning, Sunday, March 16, we found it still blowing, but the violence of the wind, which was unpleasantly biting, seemed to have moderated. Our preparations took longer than usual, as our room was full of fine sand which had blown into it during the night, and had thickly powdered our clothes, saddles, blankets, &c. At eight o'clock we mounted, and proceeded in single file over a sandy and desert plain at a foot's


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 the main street, the Khiaben, which is about 2700 yards long, through the bazaars, where much hot and even angry discussion arose as to whether the occupants of the side-saddles were men or women, and finally dismounted at 11.40 at General MacLean's house, where, for the first time for nearly a fortnight, we sat down at a table to a comfortable luncheon, instead of crouching upon the floor.

At Meshed we remained eight days, and recruited our strength in the hospitable house of General MacLean. It is impossible for us to do justice in words to all his kindness towards us. The greater part of the large, rambling, Persian house which he temporarily occupies, was given up to our use, all his servants and horses were placed at our disposal, and every morning early he himself would prepare, and serve personally at our bedroom door, an excellent 'pick-me-up,' most appropriately termed 'the Doctor,' which consisted of eggs shaken up in milk, and strengthened by a proper mixture of unlimited whiskey and curaçoa. A drink of this nature, made and served by the war-worn hands of a distinguished


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 a well wooded and watered garden, of twenty-five or thirty acres in extent,outside the walls of the town, upon which the Government of India contemplate building an English Residency. Not only — putting aside all political considerations — will it be a great boon to the Consul-General and his staff to have well-built English houses in which to reside, in lieu of a rambling and unimposing Persian abode, but the comfort and enjoyment of being beyond the walls of the town cannot be over-estimated. Inside the walls it is difficult for European gentlemen, and quite impossible for European ladies, to move a yard in public, either on foot or on horseback, without being accompanied by an escort of ferashes or foot and cavalry soldiers on horseback, and it is difficult under such conditions to get rid of the feeling that one is more or less of a state prisoner, nor are the chains the less galling because they are so heavily gilded.

During our stay at Meshed Iwas presented to the Governor-General of Khorassan, His Highness the Rookem-ed-Dowleh, brother of the Shah, whom in face and figure he much


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 The only building of note in Meshed is the shrine of Imaum Riza, with its mosque and gilded cupola, which gleams far and wide in the Persian sun. Inside this sacred building no 'infidel' can, of course, enter. Hither flock yearly hundreds of pious votaries of the Shiite sect of the Mussulman religion, who once they have visited the holy spot are authorised to prefix the title of 'Mashdi' to their names. 'Mashdi Kennedy' would doubtless sound well in Mussulman ears, but to an Englishman there is a suspicious ring of 'Mister' pronounced somewhat thickly by one who has dined not wisely but too well. In the neighbouring cemetery are laid thousands of corpses, transported from different parts of the empire, who in their passage to their last resting-place have tainted the pure summer air with their odoriferous exhalations,whilst within the outer court of the shrine are collected criminals of every shade, who have taken 'bust' or refuge from the arm of the law or from the vengeance of their private pursuers. Once inside the 'bust' the refuge is sacred, and not even the Shah himself can drag him from the horns, so to


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 speak, of the altar. Here he therefore remains until he has successfully negotiated an arrangement with his adversary, either by paying a 'blood tax,' in case of murder, or by giving satisfactory guarantees for the discharge of any legitimate and ordinary debt.

Meshed, which has about 50,000 inhabitants, cannot in any way lay claim to the title of a manufacturing town, the only industry being the manufacture of silks and carpets, which are all, of course, made by hand. There are in the town 650 looms for silk weaving, 320 looms for shawl weaving, and 40 carpet-weaving looms. We were conducted over one small, pokey little establishment by its owner, a tall, lean Persian, where we saw several men and boys engaged with the looms. They work according to a pattern, and three or four men are employed at the same time upon one carpet, which if about twelve or fifteen feet square takes three months to make, and costs 15l. or 20l.


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 fall heavily, pitching its rider some yards over its head, but with the pluck and tenacity which distinguishes all Persians of Turkish or Turcoman blood, he was up and mounted in the twinkling of an eye. About two miles from the principal gate of the city we were met by General MacLean on horseback, accompanied by his escort of six Indian Sowars in full uniform, and six Turcoman gholams in their picturesque native dress; and with this escort we rode into the capital of the Khorassan. This city, like Tehran, is surrounded by a mud rampart, with a broad ditch about ten feet deep and thirty feet broad; it is about six miles in circumference, and is commercially of considerable importance, as it is the great centre of trade between India, Persia, and Bokhara. It is entered by six gates, all built on the same model; they are of wood studded with iron, and each one is flanked by two towers thirty feet high, loopholed and connected over the gate with a parapet. The defences of Meshed are, however, very weak, and the city, it is said, could be easily stormed by infantry without ladders. We rode along


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 cavalry general, possesses revivifying qualities of no mean order, of which we all speedily became living examples, and whilst the seductive beverage was being imbibed, the strains of a sweet-toned barrel-organ, worked by the same genial host, would reach our ears, at one moment in the shape of 'The Old Hundredth,' at another in that of La Fille de Madame Angot,' tunes of these opposite natures succeeding each other with the most laudable and indifferent impartiality.

The European society of Meshed is very small. It consists of General MacLean, Mr. Vice-Consul Thomson, Dr. and Mrs. Woolbert, the Russian Consul-General, M. de Vlassow, with his English-born wife, his secretary, and Mr. Stagno Navarra, of the Indian Government Telegraph Department, who, however, only occasionally resides at Meshed. Madame de Vlassow has a beautifully arranged house, where she and her husband dispense a refined and liberal hospitality to the rare and therefore much-appreciated strangers who appear in Meshed. General MacLean was engaged during our visit in negotiating the purchase of


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 resembles, although he is a man of far less active habits. His chief Minister, the 'Pishkar,' upon whom I also called, and who lost no time in returning my visit, is a jolly old Persian, very courteous, and possessing a strong sense of humour. The 'Karguzar,' or Foreign Office Agent residing at Meshed, during the course of my visit to him conducted me over his extensive and shady garden. We were accompanied during our stroll by a retinue of about twenty servants, and every few minutes my host would stop, call for his 'kalian' or water pipe,' and indulge, with much gurgling and puffing, in a few whiffs, which would give him energy to proceed, or rather to crawl, another dozen yards. On my return to General MacLean's house, I found that all the Persians whose acquaintance I had made, including Abbas Khan, our ex-Agent at Meshed, as well as our present Herat Agent, at that time absent on leave, had sent me the usual Persian offerings of welcome, and I consequently found myself the possessor of a small flock of sheep and lambs, and of a shop-full of sticky sweetmeats.


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 Feringhis. In the meanwhile, Chivers, seated on her horse and guarded by Ali Akber, was an object of great interest to those of the crowd who were forced to remain outside. After drinking tea, eating excellent short-cake, and exchanging polite phrases in our best Persian we took leave of our host, and resumed our journey at half-past three. Scarcely had we emerged from the town when we found ourselves exposed to the full fury of the sand which had increased, instead of, as we had fondly hoped, diminished, in violence. Our route lay due east, over an undulating plain with gravelly soil, and our destination was the post-house of Zafarani, twenty-five miles distant, but after struggling for about fourteen miles against the storm, we resolved, in consequence of the night closing in, to seek shelter in a wayside village, Jouley, which was indicated to us by a wayfarer whom we chanced to pass. It was a wretched little place, a mere conglomeration of a few mud houses, and there being no 'manzil' or 'serai' of any kind, we had to depend upon native hospitality. A great dispute arose between some of the inhabitants as to who


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, and where the cultivation of cotton is greatly on the increase. The 'manzil,' or station house, where we lunched, is a very shabby one for so important a town as Sabziwar, and enjoys an unpleasant notoriety for thieving and plundering. The Persian telegraph clerk, who called on us during luncheon, brought us some Tehran telegrams and conveyed messages for us to our distant friends. He invited us to pay him a visit at his house in the telegraph station on our way out of the town, and to this proposal we assented. At 2.30 we mounted fresh horses, and riding slowly through the crowded and busy little bazaars, reached the telegraph office, where we were received with a rather amusing attempt at pomp and solemnity. On being ushered up the stairs, at the top of which we were received by our host and several of his friends, we entered a long room, at the far end of which we found two chairs, placed side by side. Upon these we seated ourselves like kings upon their thrones, whilst our entertainers crouched in Persian fashion on the floor, and an inquisitive crowd, pushing and hustling at the open door, stared to their heart's content at the strange


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 head against it. On one occasion, owing to the thickness of the atmosphere by which we were surrounded, we got off the track and found ourselves hopelessly wandering in the wilderness. Fortunately I knew from the road notes with which we were furnished before leaving Tehran our general direction, and by consulting a pocket compass we eventually groped back on to the track, and after a twelve-mile ride from Mihr we reached a large brick serai, where we found and changed on to the horses which had been sent forward. After a short delay we continued our journey through the storm, passing at twenty-eight miles the village of Kashrood, and at thirty-two miles reached the commercial town of Sabziwar, having taken over five hours to cover the distance. Our eyes suffered considerably from the heat, as well as the dust, or rather sand, with which they were filled; but fortunately, in the carefully prepared medicine-chest supplied to us by Dr. Odling at Tehran, we found proper lotions with which to bathe them. Sabziwar is a fortified town of eighteen thousand inhabitants, in which a great deal of trade is springing up with Kuchan and


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 neighbouring houses, from the roof of which the inhabitants watched all our proceedings with irritating pertinacity, until they were driven off by threats and imprecations. It was a lovely, balmy, spring-like evening, but there was an ominous look in the setting sun, which portended a coming storm, though we little dreamt of what was actually in store for us.

Next morning, Saturday, March 15th, on getting up at 4.30 a.m., we found the wind blowing hard from the east and the sky gloomy and overcast. The stage that we had before us was a long one, thirty-two miles, and in view of this I had taken the precaution to send the horses belonging to Mihr some miles ahead to await our arrival upon those which we had ridden the night before. Our track lay over a gravelly and sandy soil, and as soon as we got clear of the village and cultivated grounds of Mihr, we found the easterly gale blowing up into our faces clouds of blinding dust, through which glared fitfully the struggling rays of the half-hidden sun. More than once the violence of the storm took away our breath, and at times it seemed as if the horses could scarcely make


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 Friday, March 14th, about six o'clock, I found a regular north-east gale blowing. The sun rose in a great ball of fire, and the vast desert plain, which lay extended before me, was covered with a thin, sea-like mist, just like a storm in the ocean. We started at 7.30, by a good and level road, which skirted the hills on the left and the vast Desert on the right. We passed a native crawling slowly along, in charge of an exceedingly lame camel, for which he — under the impression, shared by most Orientals, that all Europeans are doctors — entreated us to supply medicine.

We reached the fortified village and chapar khaneh of Mazinan, twenty-seven miles, shortly before noon, and lunched in the portico. From Mazinan to Mihr the distance is twenty miles, and this with the good horses with which we were supplied we covered in two and a half hours. The road was good, but uninteresting, with hills on one side and the Desert on the other. Mihr is a pretty village with trees, cultivated ground, and many streams of water. The chapar khaneh was good, but, unlike the majority of them, was commanded by the


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Rh Full often has my infant Muse,

Attun'd to love her languid lyre;

But, now, without a theme to choose,

The strains in stolen sighs expire.

My youthful nymphs, alas! are flown;

E—— is a wife, and C—— a mother,

And Carolina sighs alone,

And Mary's given to another;

And Cora's eye, which roll'd on me,

Can now no more my love recall—

In truth, dear, 'twas time to flee—

For Cora's eye will shine on all.

And though the Sun, with genial rays,

His beams alike to all displays,

And every lady's eye's a sun,

These last should be confin'd to one.

The soul's meridian don't become her,

Whose Sun displays a general summer!

Thus faint is every former flame,

And Passion's self is now a name;

As, when the ebbing flames are low,

The aid which once improv'd their light,

And bade them burn with fiercer glow,

Now quenches all their sparks in night;


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188 Thus has it been with Passion's fires,

As many a boy and girl remembers,

While all the force of love expires,

Extinguish'd with the dying embers.

But now, dear, 'tis midnight's noon,

And clouds obscure the watery moon,

Whose beauties I shall not rehearse,

Describ'd in every stripling's verse;

For why should I the path go o'er

Which every bard has trod before?

Yet ere yon silver lamp of night

Has thrice perform'd her stated round,

Has thrice retrac'd her path of light,

And chas'd away the gloom profound,

I trust, that we, my gentle Friend,

Shall see her rolling orbit wend,

Above the dear-lov'd peaceful seat,

Which once contain'd our youth's retreat;

And, then, with those our childhood knew,

We'll mingle in the festive crew;

While many a tale of former day

Shall wing the laughing hours away;

And all the flow of souls shall pour

The sacred intellectual shower,

Nor cease, till Luna's waning horn,

Scarce glimmers through the mist of Morn.


text: The Works of Lord Byron (ed. Coleridge, Prothero)/Poetry/Volume 1/To Edward Noel Long, Esq.


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152 To watch the movements of the Daunian host,

With him Euryalus sustains the post;

No lovelier mien adorn'd the ranks of Troy,

And beardless bloom yet grac'd the gallant boy;

Though few the seasons of his youthful life,

As yet a novice in the martial strife,

'Twas his, with beauty, Valour's gifts to share—

A soul heroic, as his form was fair:

These burn with one pure flame of generous love;

In peace, in war, united still they move;

Friendship and Glory form their joint reward;

And, now, combin'd they hold their nightly guard.

"What God," exclaim'd the first, "instils this fire?

Or, in itself a God, what great desire?

My lab'ring soul, with anxious thought oppress'd,

Abhors this station of inglorious rest;

The love of fame with this can ill accord,

Be't mine to seek for glory with my sword.

See'st thou yon camp, with torches twinkling dim,

Where drunken slumbers wrap each lazy limb?

Where confidence and ease the watch disdain,

And drowsy Silence holds her sable reign?

Then hear my thought;—In deep and sullen grief

Our troops and leaders mourn their absent chief:


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 on 18 Jan. 1826 Macdonell was made bishop of Regiopolis (or Kingston). In 1839, with a view to collecting funds for a seminary to be called Regiopolis College, he visited England; in Ireland he was taken ill, and after crossing to Dumfries he died on 14 Jan. 1840. He was buried in the crypt of St. Margaret's Convent chapel, Edinburgh, but his remains were subsequently removed to Canada and interred in Kingston Cathedral 26 Sept. 1861. There is a tablet to his memory in St. Raphael's, Alexandria, erected 18 June 1843, by the Highland Society of Canada, which Macdonell had founded.

A large painting by Sir Martin Archer Shee, P.R.A., now in the possession of his grand-nephew, Mr. Alexander Macdonell of Alexandria, has been engraved. In the ‘Reminiscences,’ by W. J. Macdonell, Toronto, 1888, 8vo, a woodcut is given from a small oil-painting by an unknown artist in St. Joseph's Convent, Toronto, and another engraving is in the ‘Catholic Directory’ for 1841, by G. A. Periam. The best likeness is said to be a wax medallion struck about 1833, of which examples are still extant.

 MACDONELL or MACDONNELL, ALEXANDER RANALDSON (d. 1828), colonel, highland chieftain, was eldest son and successor of Duncan Macdonell, fourteenth hereditary chief of the Glengarry branch of the Macdonald clan, which was distinguished by the spelling of the name as Macdonell, or more rarely Macdonnell. His mother was Marjory, daughter of Sir Ludovic Grant, bart., of Dalvoy, and General Sir James Macdonell [q. v.] was his brother. In 1794–1795 he raised a company for the Glengarry or British highland fencible infantry, of which regiment he became major. Stewart describes the corps as a handsome body of men, more than half of them from the Glengarry estate (ii. 246). When with the rest of the fencible regiments it was disbanded in 1801, most of the Glengarry men, with their families and relatives, emigrated to Canada, and on the banks of the St. Lawrence founded a Gaelic-speaking settlement, called after their native glen, and now a county of the province of Ontario. Each head of a family gave the name of his holding in Glengarry to his plantation in the new home. During the American war of 1812–15 the settlement raised a corps for the British line, which did excellent service under the name of the Glengarry light infantry.

Macdonell, who remained on his paternal estate, became colonel of the Glengarry, Morar, and Letterfindlay volunteers in 1803, and when the Local Militia Act was extended to Scotland in 1808 (48 George III, c. 150), was made lieutenant-colonel-commandant of the 2nd Inverness local militia, with headquarters at Fort William. He lived in feudal style, wearing the highland garb, and when away from home having with him a following of retainers, popularly known as ‘Glengarry's Tail.’ When George IV visited Edinburgh, Glengarry, his brother, Sir James Macdonell, and the principal gentlemen of his house, all with their henchmen, were in attendance, and the Glengarry retainers were sworn in as part of the royal bodyguard at Holyrood.

Walter Scott, who knew Macdonnell well, and is supposed to have drawn the better side of his character in ‘Fergus MacIvor’ in ‘Waverley,’ describes him as generous and warm-hearted—a sort of Quixote who had lived a century too late. He was a keen sportsman, sleeping out in his plaid for nights together when in pursuit of the deer, and was a treasury of highland lore (, p. 606). His impetuous temper brought him into frequent scrapes, sometimes unfairly, as Scott implies, his opponents knowing full well that when roused he would be certain to put himself in the wrong. He killed a young subaltern, Norman Macleod (a grandson of Flora Macdonald [q. v.]), in a duel arising out of a fierce quarrel at a ball at Fort William. He was arraigned on a charge of murder before the high court of justiciary at Inverness, but was acquitted. He instigated the dispute with Clanranald respecting the chieftainship of the clan Macdonald, which was waged hotly in the local press in 1817–18, and which Scott described as a ridiculous affair (ib. p. 600). Macdonell's style of living greatly embarrassed him, and he is said (Hist. of the Macdonalds) to have been on his way south to make arrangements respecting his estate, when he perished on 14 Jan. 1828, in attempting to escape from the wreck of the steamer Stirling Castle at Corran, near Fort William. Macdonell married, on 28 Jan. 1802, Rebecca, daughter of the great Edinburgh banker, Sir William Forbes, bart., of Pitsligo, by whom, besides six children, who died young, he had a son and seven daughters. His son Æneas Ranaldson Macdonell, who was at Eton at the time of his father's death, afterwards sold the heavily encumbered estate in West Argyllshire, twelve miles from Fort Augustus, to the Marquis of Huntly, and emigrated with his family to Australia. The


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The first edition of this book was published when I was last in England, about fifteen years ago, and many a time since my return to duty, I have been gratified at finding it in the libraries of young officers, as a parting gift from affectionate relations. With a sincere desire to render it still more worthy of confidence and adapt it to the changes of the times, I have added line upon line and precept upon precept, till it is now nearly double its original size.

I have had much experience and seen much service during my career in India; indeed no Surgeon has seen more; and have experienced all its vicissitudes of climate, from the snowy mountains of the Kybur, to the tepid marshes of Burmah. I have performed the duties of


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Rh SOLILOQUY OF A BARD IN THE COUNTRY.

now the noon of night, and all was still,

Except a hapless Rhymer and his quill.

In vain he calls each Muse in order down,

Like other females, these will sometimes frown;

He frets, he fumes, and ceasing to invoke

The Nine, in anguish'd accents thus he spoke:

Ah what avails it thus to waste my time,

To roll in Epic, or to rave in Rhyme?

What worth is some few partial readers' praise,

If ancient Virgins croaking censures raise?

Where few attend, 'tis useless to indite;

Where few can read, 'tis folly sure to write;

Where none but girls and striplings dare admire,

And Critics rise in every country Squire—

But yet this last my candid Muse admits,

When Peers are Poets, Squires may well be Wits;

When schoolboys vent their amorous flames in verse,

Matrons may sure their characters asperse;

And if a little parson joins the train,

And echos back his Patron's voice again—

Though not delighted, yet I must forgive,

Parsons as well as other folks must live:—


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 various civil stations, and of Professor in the Calcutta Medical College; I have served with Native Infantry and Irregular Cavalry, been Surgeon of a regiment of European Fusiliers, and of a batallion of European Artillery; I was Staff Surgeon to General Gilbert during the Punjaub campaign, and Staff Surgeon to General Godwin during the late Burmese war; I have served throughout four campaigns, been present in nine general actions, received four honorary decorations, viz. Maharajpore, Chilianwalla, Goojerath, Pegu, and twice received the public thanks of the governor General in Council for services in the field.

With such opportunities for observation, and an ambition to benefit a service in which I have spent the best twenty-five years of my life, I have endeavoured to put a useful guide into the hands of Military as well as Medical officers during their years of inexperience; to put a guide into the hands of older officers, to enable them to recover their broken health at some of the numerous sanataria within the Indian limits, (for I also have


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 A

AND

FOR PRIVATE CIRCULATION ONLY.

LONDON:

HATCHARDS, PICCADILLY.

1890.


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 experienced the blessings of renewed health at such resorts after sickness prolonged beyond hope of recovery,) and I have further ventured to throw out some hints for the consideration of Government, professional as well as extra professional, which may be found worthy of adoption.

I have indeed done my best to render this advice sound and worthy of confidence, in the hope of its being favoured with a welcome reception. Such a compilation must therefore be more or less heterogeneous, but I have endeavoured to avoid the inconveniencies of miscellaneous matter by a careful classification, and an attempt to put the right article into the right place.

J. McCOSH, M.D.


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Rh god-like king of the city; the wise one; the clever one, who extended the agriculture of Dilbat; who piled up grain for Urash, the strong one; the man to whom belongs the scepter and crown with which he crowns him; the chosen one of the goddess Mama, who fixed the place of the temple of Kish; who enriched the holy meals of Nintu, the careful one, who provided the eating and drinking for Lagash and Girsu; who supplies large offerings for the temple of 50; who takes hold of the enemies, the chosen one of the oracle; who carried out the prophecy of Hallab; who caused joy to the heart of the Annunit, the pure prince, whose prayer is recognized by Adad; who set at rest the heart of Adad, the warrior in Karkar, and restored the implements of the culture in Eud-gal-gal; the King, who lent life to the city of Adab; the director of E-mach; the princely King of the city, irresistible fighter, who gave life to the population of Mash-kan-shabri; who furnished superabundance to the temple of Schidlam, the wise, valiant one who forced the retreat of the bandits; who covered the inhabitants of Malka with misfortune; who founded richly their residence; who established pure offerings for Ea and Dam-gal-nun-na; who made his Kingdom great forever; the princely King of the city, who subjugated the provinces along the Ud-kib-nun-na canal (Euphrates), according to the commandment of Dagon, his creator; who spared the inhabitants of Mera and Tutul; the exalted prince, who made radiant the countenance of Nina; who set holy meals before the god Nin-a-zu; who cared for their inhabitants in need, safely cared for their fortunes in Babylon in peace; the shepherd of the subjects; the servant, whose deeds are pleasing to Annunit; who pleased Annunit in the temple Dumasch in the suburb Agade; who proclaims justice, leads the law, gave back to the city of Assur her gracious patron; who caused to dwell the name of Istar in Nineveh, in the temple E-mish-mish; the sublime one, who prostrates himself before the great gods, the descendant of the Sumu-la-ilu; the mighty son of Sin-muballit; the kingly seed of eternity; the mighty king; the sun of Babylon, who causes the light to radiate over the country Sumer and Akkad; the King whom the four regions of the world obey; the favorite of the god Nini, am I. When Marduk sent me to rule mankind, to impart judicial protection to the country, it was that I might establish right, justice and happiness among the people.

1. Any person convicted of preferring charges against another person which he cannot substantiate shall be put to death.

2. In event anyone prefers charges against another person and the one against whom the charge is brought leaps into a body of water and is thereby drowned, that person who preferred the charge shall thereupon take possession of the property of the one so drowned. But if the person against whom the charge is preferred is not drowned, the person who made the charge shall be put to death and the one accused shall take possession of the property of his accuser.

3. Any person preferring a charge of malfeasance against a juror sitting in the case at bar, which charge he is unable to substantiate, and the hearing being one at the conclusion of which the death penalty may be adjudged, the person so preferring such charge shall be put to death.

4. Any person attempting to suborn a juror by a bribe of grain or gold shall be deemed to be guilty of felony and shall receive such punishment as


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HE ruins of Susa now being excavated by the distinguished explorer M. de Morgan have already yielded important results. He was led to undertake the excavation of ancient Susa from inscriptions found in the ruins of Babylon, from which he learned that many of the most important monuments of the Babylonian kings had been carried, as trophies of war by the Elamite kings, to their capital, Susa. When he left Egypt in 1888 it was for the purpose of recovering from the ruins of Susa these monuments. He had not been long at work in Susa before he found the stele of Narâm-Sin c. 3,800 B.C., which showed a high state of art in the Tigro-Euphrates valley nearly 6,000 years ago. This discovery was rapidly followed by others. The most important of which is the stele of Hammurabi, upon which was engraved his code of laws, c. 2,250 B.C.

Two translations of this code have been made, one into French by Scheil, the assyriologist of the French Expedition to Persia, of which M. de Morgan is the director, and the other into German by Dr. Hugo Winckler. The following translation is from the latter by Dr. H. Otto Sommer and construed into legal phraseology by William Earl Ambrose, Esq.

This code is the oldest collection of public laws that has yet been discovered. It is a reflection of the social conditions existing in Babylonia 4,000 years ago. The jurist of to-day will recognize in it most of the fundamental principles on which our social legislation is based.


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 This sum represents the net cost to the arbitrage house in London, and the money paid on the 28th of April left a profit of about %. The bonds being “to bearer” insurance was necessary for the safety in this, as in all similar transactions.

In the next example, however, this expense was unnecessary, the bonds being “inscribed.” On the 21st of May 1906 American Steel common shares were sold for cash in New York at 41 dollars per share, and were bought in London at 42 for the account day, May 31st. These figures are explained by the fact that transactions in the United States stocks and shares are on the fixed basis of five dollars per pound sterling, while as regards payments in New York the exchange varies daily. Railway shares are generally 100 dollars each. In the London market, however, five shares of 100 dollars would be £100 nominal. These shares, therefore, cost in London, at the purchase price of 42, £42 : 4: 5. The money realized in New York for five shares at 41 was 205·93 dollars. A cheque on London was bought at 4 dollars 85 cents, realizing £42 : 8 : 9. It should be noted that the shares in these cases are generally lent by the New York correspondent, thus saving loss of interest. The resulting profit in this particular instance was 4s. 4d. for each five shares, divided between the London and New York arbitrage firms. Arbitrage operations with distant countries such as India are large and mainly profitable. Arbitrage with India consists chiefly in buying bills of exchange in London, such as India Council rupee bills amounting to about 16 millions sterling annually, and commercial bills drawn against goods exported to India. The counter-operation consists in purchasing in India, for short or long delivery, sterling bills drawn against exports to Great Britain of Indian produce, such as cotton, tea, indigo, jute and wheat. These operations greatly facilitate trade and the moving of produce from the interior of India to the seaports. Without this assistance Great Britain’s enormous trade could not be carried on, and she would have to revert to the primitive system of barter. The same advantages are afforded to her vast trade with China and Japan, with the material difference that the supply of government council bills is confined to the Indian trade. The balance of trade with all countries is generally settled by specie shipments; hence, with the Far East, silver and gold play an important part in arbitrage.

It will thus be seen that arbitrage fills a useful place in commerce; the profits are small because the competition is great; nevertheless huge transactions employing thousands of clerks result from this system.

ARBITRATION (Lat. arbitrari, to examine or judge), a term derived from the nomenclature of Roman law, and applied to an arrangement for taking, and abiding by, the judgment of a selected person in some disputed matter, instead of carrying it to the established courts of justice. In disputes between states, arbitration has long played an important part (see ). The present article is restricted to arbitration under municipal law; but a separate article is also devoted to the use of arbitration in labour disputes (see ).

Roman Law.—Arrangements for avoiding the delay and expense of litigation, and referring a dispute to friends or neutral persons, are a natural practice, of which traces may be found in any state of society; but it is from Roman Law that we derive arbitration as a system which has found its way into the practice of European nations in general, and has even evaded the dislike of the English common lawyers to the civil law. The praetor, who had the arrangement of all trials or private suits and the formal appointment of judges for them, referred the great majority of such cases for decision to a judge who was styled usually judex but sometimes arbiter. The phrase judex arbiterve frequently occurs. The judex and the arbiter had the same functions, and apparently the only express basis for the distinction between the two words is that there might be several arbitri but never more than one judex in a cause. The term arbiter seems, however, to have been sometimes used when the referee had a certain degree of latitude, and was entitled to give weight to equitable considerations (Roby, Inst. Rom. Law, i. 318; Hunter, Roman Law (1897), p. 48; and see Cicero pro Rosc. Com. 4, ss. 10-13; Gaius, Inst. iv. s. 163). Apart from this system of compulsory reference by the praetor, Roman law recognized a voluntary reference (compromissum) to an arbiter or arbitrator by the parties themselves. The arbitrator ex compromisso sumptus had no coercive jurisdiction, and in order to make his award effective, the agreement of reference was confirmed by a stipulation and usually provided a penalty (poena, pecunia compromissa) in case of disobedience. The sum agreed on by way of penalty might be either specific or unliquidated, e.g. “whatever the matter may be worth” (Dig. iv., tit. 8, s. 28). The arbitrator ex compromisso sumptus, like the judicial arbiter, was expected to take account of equitable considerations in coming to a decision. If three arbitrators were appointed, a majority could decide; in case of two being appointed and not agreeing, the praetor would compel them to choose a third (Roby, ubi sup., i. 320, 321; Dig. iv., tit. 8, s. 17). As in English law, it was necessary that the award should cover all the points submitted (Dig. iv., tit. 8, s. 21).

Law of England.—The law of England as to arbitration is now practically summed up in the Arbitration Act of 1889. This statute is an express code as to proceedings in all arbitration, but “criminal proceedings by the crown” cannot be referred under it (ss. 13, 14). The statute subdivides its subject-matter into two headings. I. References by consent out of court; II. References under order of court.

(1) Here the first matter to be dealt with is the submission. A submission is defined as a written agreement (it need not be signed by both parties) to submit present or future differences to arbitration, whether a particular arbitrator is named in it or not. The capacity of a person to agree to arbitration, or to act as arbitrator, depends on the general law of contract. A submission by an infant is not void, but is voidable at his option (see ). A counsel has a general authority to deal with the conduct of an action, which includes authority to refer it to arbitration, but he has no authority to refer an action against the wishes of his client, or on terms different from those which his client has sanctioned; and if he does so, the reference may be set aside, although the limit put by the client on his counsel’s authority is not made known to the other side when the reference is agreed upon (Neale v. Gordon Lennox, 1902, A.C. 465). The committee of a lunatic, with the sanction of the judge in lunacy, may refer disputes to arbitration. As an arbitrator is chosen by the parties themselves the question of his eligibility is of comparatively minor importance; and where an arbitrator has been chosen by both parties, the courts are reluctant to set the appointment aside. This question has arisen chiefly in contracts, for works, which frequently contain a provision that the engineer shall be the arbitrator, in any dispute between the contractor and his own employer. The practical result is to make the engineer judge in his own cause. But the courts will not in such cases prevent the engineer from acting, where the contractor was aware of the facts when he signed the contract, and there is no reason to believe that the engineer will be unfair (Ives and Barker v. Willans, 1894, 2 Ch. 478). Even the fact that he has expressed an opinion on matters in dispute will not of itself disqualify him (Halliday v. Hamilton’s Trustees, 1903, 5 Fraser, 800). So, too, where a barrister was appointed arbitrator, the

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