text:
Convention on the Civil Aspects of International Child Abduction

The States signatory to the present Convention,

 * Firmly convinced that the interests of children are of paramount importance in matters relating to their custody,

 * Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access,

Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions -

Article 1
The objects of the present Convention are -

 * a)  to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
 * b)  to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.

Article 2
Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.

Article 3
The removal or the retention of a child is to be considered wrongful where -

 * a)  it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
 * b)  at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Article 4
The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.

Article 5
For the purposes of this Convention -

 * a)  "rights of custody" shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence;
 * b)  "rights of access" shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.

Article 6
A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.

Federal States, States with more than one system of law or States having autonomous territorial organisations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.

Article 7
Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.

In particular, either directly or through any intermediary, they shall take all appropriate measures -

 * a)  to discover the whereabouts of a child who has been wrongfully removed or retained;
 * b)  to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
 * c)  to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
 * d)  to exchange, where desirable, information relating to the social background of the child;
 * e)  to provide information of a general character as to the law of their State in connection with the application of the Convention;
 * f)   to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organising or securing the effective exercise of rights of access;
 * g)  where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
 * h)  to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
 * i)    to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.

Article 8
Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.

The application shall contain -

 * a)  information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
 * b)  where available, the date of birth of the child;
 * c)  the grounds on which the applicant's claim for return of the child is based;
 * d)  all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.

The application may be accompanied or supplemented by -
 * e)  an authenticated copy of any relevant decision or agreement;
 * f)   a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State;
 * g)  any other relevant document.

Article 9
If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.

Article 10
The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.

Article 11
The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.

If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.

Article 12
Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.

The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.

Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.

Article 13
Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that -

 * a)  the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
 * b)  there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.

The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.

In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.

Article 14
In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

Article 15
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.

Article 16
After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.

Article 17
The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.

Article 18
The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.

Article 19
A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.

Article 20
The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.

Article 21
An application to make arrangements for organising or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.

The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights.

The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organising or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.

Article 22
No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.

Article 23
No legalisation or similar formality may be required in the context of this Convention.

Article 24
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.

However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.

Article 25
Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.

Article 26
Each Central Authority shall bear its own costs in applying this Convention.

Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.

However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.

Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.

Article 27
When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted, as the case may be, of its reasons.

Article 28
A Central Authority may require that the application be accompanied by a written authorisation empowering it to act on behalf of the applicant, or to designate a representative so to act.

Article 29
This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.

Article 30
Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.

Article 31
In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units -

 * a)     any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
 * b)     any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.

Article 32
In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

Article 33
A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.

Article 34
This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organising access rights.

Article 35
This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.

Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.

Article 36
Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.

Article 37
The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session.

It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 38
Any other State may accede to the Convention.

The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.

The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.

The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.

Article 39
Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.

Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Article 40
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.

Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.

Article 41
Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.

Article 42
Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.

Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.

Article 43
The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.

Thereafter the Convention shall enter into force -

 * (1) for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
 * (2) for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.

Article 44
The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it.

If there has been no denunciation, it shall be renewed tacitly every five years.

Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.

The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.

Article 45
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following -

 * (1) the signatures and ratifications, acceptances and approvals referred to in Article 37;
 * (2) the accessions referred to in Article 38;
 * (3) the date on which the Convention enters into force in accordance with Article 43;
 * (4) the extensions referred to in Article 39;
 * (5) the declarations referred to in Articles 38 and 40;
 * (6) the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
 * (7) the denunciations referred to in Article 44.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.


text: Talk:Convention on the Civil Aspects of International Child Abduction

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


text: The New Student's Reference Work/White, Edward Douglass


text: The New Student's Reference Work/White, Henry Kirke


text: The New Student's Reference Work/White, Richard Grant


text: The New Student's Reference Work/White, Stewart Edward


text: The New Student's Reference Work/White, William Allen


text: The New Student's Reference Work/White Ant


text: The New Student's Reference Work/Whitebait


text: The New Student's Reference Work/Whitefield, George


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Page:Weird Tales volume 30 number 04.djvu/105

By H. W. GUERNSEY

An ironic little story about a practical communist who taught his friend when to take him seriously

HAUNCEY knocked the dottle out of his corncob and briefly startled Old Shep by inquiring unemotionally, "Will you never finish that blasted stick?"

Which in Old Chauncey was tantamount to fury. Words being precious things, both old boys hoarded every syllable; Shep tightened his leathery lips and with the scalpel-point of the knife flicked away a mote of pine. Each link of the chain he was whittling from that interminable stick of soft pine resembled ivory in its satin finish. He might produce one link in a day or let it require a full week. No hurry. The current chain numbered four hundred and seventy-two links. A masterpiece.

Under Shep's surreptitious scrutiny, Old Chauncey stood erect purposefully and stalked to the woodpile. There a fat log stood on end. With one swift, seemingly effortless stroke of the ax he cleft the log in two, spat explosively and hiked into the house wagging his jaw.

The log-built house, a jewel of conscientious carpentry, stood on the wooded elevation called St. Paul's Hill, near town. On the side hill one hundred and twenty feet below stood another log-built affair, formerly the ice-house. Since Old Shep had become Chauncey's permanent guest, this structure had been equipped with furnishings as complete and comfortable as the house, including plumbing. So there was no reason for Shep to hang around Old Chauncey's kitchen.

The housekeeper, Celia Lilleoden, performed the chores incidental to both houses with such easy efficiency that old Chauncey was repeatedly reminded of his bachelorhood. From continually sunning themselves behind the kitchen like two old snakes the men had acquired a wrinkled black-walnut finish, but Celia still retained the firm, buxom ripeness of an apple.

As a practical communist Old Chauncey kept his latch-key out by inclination. His generosity was limitless.

Thus, Old Shep did not have to ask for anything he wanted. It was share and share alike.

For example, he charged tobacco to Old Chauncey's account at the store in town. He always had. If he preferred a grade of tobacco superior to what Old Chauncey himself used, such was his privilege. A plug is a plug.

Shep and Chauncey once had occupied the same double desk of raw cherrywood in the schoolhouse which was now a weedy hill of rubble and rotten wood a half-mile out on the backroad.

Besides words, Old Shep hoarded tobacco plugs in case the cause of communism ever collapsed.

In accordance with this scheme of living, Old Chauncey gradually became accustomed to being spared the nuisance of opening the occasional letter he received from another old soldier in Sackett's Harbor, New York. At first Shep had gone to the trouble of sneaking the mail down to the ice-house and steaming it open. But currently the mail arrived slit 489


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Page:Weird Tales volume 30 number 04.djvu/106

490 open without any subterfuge. The knife, incidentally, was the better of Old Chauncey's two. Shep had borrowed it, knowing that in communism there can be no Indian giving.

On one occasion Chauncey accosted Old Shep behind the kitchen with a crumpled letter in his fingers.

"Shep," he suggested casually, "I wish you'd slit my letters open at the top instead of an end. It wouldn't bunch the writing up so much when you shove it back inside."

"Chauncey," Old Shep replied tremblingly, "you're not serious with me, are you? If you want to keep secrets from your old crony, why, you just tell me seriously not to open those letters any more and I won't."

It used to give Chauncey a funny feeling when Old Shep talked like that.

somnolent summer morning while Chauncey was scrubbing his long yellow teeth he glimpsed blurred movement through the starched white bathroom curtain. Tweaking the curtain somewhat aside he witnessed Old Shep scampering down the side hill to the ice-house with a load of kindling in his arms.

"I'll be dog-goned," swore Old Chauncey with toothpaste foam dribbling down his chin. "He complains he can't do his chopping on account of his rheumatism, and look at the old turkey go! I see where I chop kindling for both of us from now on."

When Old Shep showed up to get in a few licks of whittling before breakfast, Chauncey inquired, "How's that rheumatism?"

"Fierce, Chauncey. I'm getting mighty creaky."

"Well, help yourself to my kindling, Shep. Long as I know where it's disappearing to, I don't give a durn."

"Thanks, Chauncey; thanks! I knew you'd feel that way."

The bacon, eggs, and delicately crusty fried potatoes hit the palate so ambrosially that, after breakfast, Chauncey was seduced into the disastrous error of mentioning to Shep the chances of marrying Miss Lilleoden: error, for it was only human nature to covet the goods which another man prized most.

Thenceforward Old Shep neglected his whittling or idled awkwardly with it in the kitchen, where a housekeeper spends most of her time. Chauncey observed blackly that Old Shep had a cunning way with him, too.

"Durn it," Chauncey ruminated dismally, "everything I want, he gets. If I tell him to stay away from her he won't take me seriously. The old hoodoo always has his way. Anyhow, his durned whittling is out of my sight."

a morning when Old Shep didn't appear, and Chauncey found him stretched out stiff half-way down the side hill. In Shep's vulturine right fist was clenched a small crumple of bills. This pilfering had occurred with such regularity that the companion of Chauncey's childhood had accumulated just about enough to get started with Celia Lilleoden.

Chauncey asked the coroner, a glistening little round man like a wet dumpling, "Is he dead?"

"Of course he's dead," said the coroner. "Obviously."

"He has no kin," Celia reminded Old Chauncey in her slow, soft contralto.

"I'll do him one more favor," Chauncey offered unblinkingly. "He can have my lot in the cemet'ry."


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Rh The lot in Dream Hill Cemetery measured eight feet long, five feet wide and ten feet deep, meaning that it had been excavated and ready for occupancy these past five years. The walls were common brick. On the floor was a stone bed to lie on. Whimsically Chauncey had also installed a small table furnished with a tobacco bag and pipe, matches, an alarm clock with an illuminated dial, and an ashtray. And a thick, plumber's candle. The old pagan!

Anchored in the foot-wall of this cell, ladder-like, were iron rungs which had enabled him on past occasions to descend and inspect his subterranean property; as, on this occasion, he made the trip to deposit Shep's unfinished wooden chain.

The stone slab sealing the cell had long been cut with the dangerous advertisement: HERE LIES CHAUNCEY D'AUTREVILLE WHOSE WORLDLY GOODS WERE ANY MAN'S FOR THE ASKING.

Naturally, a new inscription had to be chiseled.

"But there ain't any more room in that piece, Chauncey," the stone-cutter objected. "You want 'nother stone."

"Turn it upside down and cut it in the bottom," Old Chauncey directed. "With that topside staring him in the face, he'll have something to read in the hereafter."

The underside, becoming the face, carried the inscription: HERE LIES SHEPARD FRANKENFIELD WHO FEELS NO ANXIETY FOR THE FUTURE NOR REGRET FOR THE PAST.

On the day preceding Old Shep's interment, Old Chauncey paid a visit to the nearest justice of the peace with Celia Lilleoden and no one thought it was in the least peculiar. As Chauncey balanced accounts with himself, the state would otherwise inherit his property eventually, as was right, but he wished to insure Celia's staying on as his housekeeper, in which capacity she beggared superlatives.

While four huskies furnished by the undertaker replaced the granite sheet over the brick chamber, Old Chauncey recollected the particulars of a certain fit of Shep's, dating about five years before, shortly before Celia. That catalepsy, or whatever it was, had gripped Shep as though in death for nearly three days until Old Chauncey had thought of making a brassy rumpus next to his ear with the big dinner bell. The alarm clock in the subterranean mausoleum was set for eleven o'clock, terminating a like period of time, when Old Shep might be expected to wake up and yawn in the hereafter. Just a whim of Chauncey's, since the coroner had pronounced Old Shep indisputably defunct.

Late that night Celia surmised worriedly that her absent husband might be visiting the tomb of his lifelong crony, and there he was in the sickly forest of tombstones, hunkering down on Shep's horizontal tombstone like a boy watching a game of marbles.

But he was listening, not watching. He knocked again on the slab with his bony knuckles, cocked his head. Listening for the response while the lazy breeze lifted his silken gray hair in the starry cave of night, he asked, "Cele, do you hear him down there?"

Celia's gentle mind recoiled from the idea that the dead might rise in answer to a human summons. The stoically restrained grief for his departed friend must have touched her husband somewhat in the head.

On the fifth night Chauncey observed, "That Old Shep's ghost must be getting tuckered out."

Celia decided that there was a limit to indulgence.


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Encyclopædia Britannica, Ninth Edition/Spitzbergen

SPITZBERGEN. This group of rocky, barren, and snowclad islands, lost in the solitudes of the Arctic Ocean, 400 miles north-north-west of the North Cape of Norway (see vol. xix. pl. II.), but nevertheless well known for at least four centuries to European whalers and seal-hunters, has of late acquired new interest from the scientific expeditions by which it has been selected either as a base for attempts to reach the north pole or as a field in which to inaugurate a new era of scientific exploration in the arctic regions. From Spitzbergen Parry started in 1827 on the sledge journey which brought him within 480 miles of the pole; it was the starting-point of the investigations which led Charles Martins to his brilliant generalizations of the flora, present and past, of the earth; and numerous Swedish expeditions from 1858 onwards have accumulated an amount of knowledge, so vast and so important, as to be comparable only with the results of the great equatorial and arctic journeys of the first years of the 19th century.

The Spitzbergen archipelago, lying between 76° 30' and 80° 30' N. lat. and 10° and 30° E. long. — half-way between Greenland and Nova Zembla — consists of six large and a great number of smaller islands. The chief, that of West Spitzbergen, shaped like a wedge pointed towards the south, and deeply indented on the west and north by long branching fjords, has an area of nearly 15,200 square miles. High mountains, reaching 4560 feet in the Horn Sound Tind, cover its southern parts; while a wide plateau,

with an altitude of from 1500 to 2000 feet and covered by a thick ice-sheet, occupies the north. Several fjords — Horn Sound, Bel Sound, Ice Fjord (15 miles wide and 80 long), and the double fjord of King's Bay and Cross Bay on the west, and Liefde, Wiide, and Lomme Bays on the north — deeply penetrate the island. One of the ramifications (Dickson Bay) of the beautiful Ice Fjord, 150 fathoms deep, nearly reaches the head of Wiide Bay, so as almost to divide the island. A long narrow island, Prince Charles's Foreland, with peaks of nearly 5000 feet high, runs parallel to part of the west coast of West Spitzbergen, from which it is separated by a narrow strait. The broad Stor (Great) Fjord, or Wiide Jans Water, separates the main island from two others to the east, — Stans Foreland (2500 square miles) and Barents Land (580 square miles). Formerly these were considered as one, and named Edge Island, until the narrow Walter Thymen Strait which parts them was discovered. A few peaks, estimated at from 1600 to 2000 feet high, protrude above the snow and ice by which these two imperfectly explored islands are covered. To the north-east of West Spitzbergen, separated from it by Hinlopen Strait (7 to 60 miles in breadth) lies North-East Land, with an area of about 6200 square miles. Its western and northern coasts are indented by several bays and fjords; the southern and eastern shores, on account of the masses of ice by which they are constantly girt, remain unexplored. This island appears like a broad plateau covered by an ice-sheet 2000 to 3000 feet in thickness, from which a few peaks protrude. Slowly moving towards the east, this immense sheet of ice discharges into the sea by a huge ice-wall, unbroken by promontories for 150 miles, thus forming the broadest glacier known, — Dickson's glacier. Eastwards from this group of islands, 100 miles to the north-east of Stans Foreland, rises another island, measuring 90 miles from west to east. Marked either Gillis's Land or Wiche's Land in earlier maps, it was seen from Spitzbergen as a snow-clad mass mingling with the fogs of the sea by a Swedish expedition, and later on by Heuglin and Zeil; but it was not until 1872 that the Norwegian whalers Altman, Johnsen, and Nilsen reached it from the east and nearly circumnavigated it. After some discussion about its name, it has received from Professor Mohn the name of King Charles Land, which is now generally accepted. The wide strait which separates it from Spitzbergen is called Olga Strait. It is now established that Gillis saw Gillis's Land to the north-east of the

and this land, which may perhaps be a link between the Spitzbergen archipelago and that of Franz-Josef, has been again sighted by Norwegian seal-hunters. Numerous small islands lie around the larger: — the Danes and Norwegians Islands on the north-west, the Seven Islands on the north, Outger Reps, Brock, and Charles XII. Island on the north-east, Waygat Islands and William I. Island in Hinlopen Strait, the Ryk Yse Archipelago, Hope Island, and the Thousand Islands (about a hundred small rocks) to the east and south of Stans Foreland, and many other smaller ones. Many of these small islands rise to a height of 1500 to 1700 feet.

The archipelago, which has the Greenland Sea to the west and Barents Sea to the east, rises from a submarine platform that extends from Bear Island north-eastwards to Franz Joseph Land, and probably was an immense arctic continent connected with Greenland during the middle of the Tertiary period. The sea around Spitzbergen has a depth of less than 100 fathoms. Owing to this circumstance the ice readily accumulates round the shores; and, although the glaciers of Spitzbergen do not give origin to icebergs so huge as those of Greenland, the smaller icebergs and the pack-ice are thick enough to prevent access to the shores except for a few months in the year. Happily the Gulf Stream, which washes the shores of Norway, after sending a branch to the east, flows north to the western shores of Spitzbergen, moderating its climate, and leaving an open passage which permits whalers to approach the western coast even under the most unfavourable conditions of ice in the arctic regions. Drift-wood brought from lower latitudes, glass-floats of the Norwegian fishermen, and even the large seeds of the Entada Gigalobium, carried by the Gulf Stream from the Gulf of Mexico, are found at the northern extremity of Spitzbergen. On the other hand, a cold current charged with ice descends from higher latitudes along the eastern coast, rendering approach extremely difficult. On this account King Charles Land remained unknown until 1872, and the eastern coast of North-East Land still continues unexplored.


text:
Encyclopædia Britannica, Ninth Edition/Spohr, Ludwig

SPOHR, (1784-1859), violinist and composer, was born at Brunswick on 25th April 1784, but spent his childhood at Seesen, where in 1789 he began to study the violin, and worked so industriously that at six years old he was able to take the leading part in Kalkbrenner's trios. He received his general education at the Brunswick grammar-school, — taking lessons on the violin from Kunisch and studying composition under Hartung. The little he learned from the last-named professor was the only theoretical instruction he ever received, for, as he himself tells us, he taught himself to compose by studying the scores of Mozart. After playing a concerto of his own at a school concert with marked success, he was placed for a time under Maucourt, the leader of the duke's band; and so rapid was his progress that in 1798 he was able to start on his first artistic tour. This proved a failure; but on his return to Brunswick the duke gave him an appointment in his band, and defrayed the expense of his future education under Franz Eck, in company with whom he visited St Petersburg and other European capitals. His first violin concerto was printed in 1803. In that year Spohr returned to Brunswick and resumed his place in the duke's band. A visit to Paris was prevented by the loss of his favourite violin, — a magnificent Guarnerius, presented to him in Russia. Having played in Berlin, Leipsic, Dresden, and other German towns, his increasing reputation gained for him in 1805 the appointment of leading violinist at the court of the duke of Gotha. Soon after this he married his first wife, Dorette Scheidler, a celebrated harpist. At Gotha he composed his first opera, Die Prüfung, but did

not succeed in placing it on the stage. Alruna was equally unfortunate, though it was rehearsed with approval at Weimar in 1808. During this year Spohr accomplished one of the most extraordinary musical exploits on record. Hearing that Talma was performing at Erfurt before the reigning princes assembled for the famous congress, and failing in his attempt to obtain admission to the theatre, he bribed a horn-player to send him as his deputy; and, though he had never touched a horn in his life, he learned in a single day to play it so well that in the evening he was able to fulfil his self-imposed duty without exciting suspicion or remark. Spohr's third opera, Der Zweikampf mit der Geliebten, written in 1809, was successfully performed at Hamburg in the following year. In 1811 he produced his (first) Symphony in Eb, and in 1812 composed his first oratorio, Das jüngste Gericht. It was while employed in the preparation of this work that he first felt the inconvenience inseparable from an imperfect theoretical education; and, with characteristic energy, he set about the diligent study of Marpurg's Abhandlung von der Fuge.

In 1812 Sphor visited Vienna, where his splendid violin-playing created a profound sensation, and he was induced to accept the appointment of leader of the orchestra at the Theater na der Wien. He then began the preparation of his greatest dramatic composition, Faust, which he completed in 1813, though it was not performed until five years later. His strength as a composer was now fully developed; and the fertility of his imagination enabled him to produce one great work after another with astonishing rapidity. He resigned his appointment at Vienna in 1815, and soon afterwards made a tour in Italy, where he performed his eighth violin concerto, the Scena Cantante nello Stilo Drammatico, — the finest of his compositions for his favourite instrument. The performer was described by the leading critics of the country as “the finest singer on the violin that had ever been heard.” On Spohr's return to Germany in 1817 he was appointed conductor of the opera at Frankfort; and in that city in 1818 he first produced his dramatic masterpiece, Faust. The favour with which this was received led to the composition of Zemire und Azor, a romantic piece founded on the story of Beauty and the Beast, which, though by no means equal to its predecessor in merit, soon attained a much higher degree of popularity. There can, indeed, be no doubt that Faust suffered from the very first from the weakness of its miserable libretto. Had the words been worthy of the music Faust would have taken rank among the finest German operas in existence.

Spohr first visited England in 1820, and on 6th March played his Scena Cantante with great success at the first Philharmonic concert. At the third he produced a new Symphony (No. 2) in D minor, written expressly for this occasion, which is remarkable as the first on which the conductor's baton was used at a concert of the Philharmonic Society. Spohr's new symphony met with an enthusiastic reception, as did the earlier one (No. 1, in Eb), which was played, together with his Nonetto, at the last concert of the series. Indeed he had a triumphant success both as composer and as virtuoso; and he on his side was delighted with the performances of the Philharmonic orchestra. Before leaving London he gave a farewell concert, at which Madame Dorette Spohr played on the harp for the last time. Her health at this period was so delicate that she was recommended to exchange her favourite instrument for the less fatiguing pianoforte; and Spohr, with his accustomed facility, wrote a number of pieces for pianoforte and violin, which the husband and wife played

together with perfect artistic sympathy. After supplementing his visit to England by a short sojourn in Paris, Spohr returned to Germany and settled for a time in Dresden, where German and Italian opera were flourishing side by side under the direction of Weber and Morlacchi. His artistic relations with the composer of Der Freischütz were not altogether satisfactory; nevertheless Weber did not hesitate to recommend him strongly to the elector of Hesse Cassel as “kapellmeister.” Spohr entered upon his duties at Cassel on 1st January 1822, and soon afterwards began the composition of his sixth opera, Jessonda, which he produced in 1823. This work — which he himself always regarded as one of his best productions — marks an important epoch in his career as a dramatic composer. It was the first opera he ever wrote with accompanied recitative throughout in place of the usual spoken dialogue; and by a remarkable coincidence it was produced in the same year as Weber's Euryanthe, a work characterized by the same departure from established custom. Unhappily Weber's early death prevented him from making a second essay in the same direction; but Spohr consistently carried out the idea in his later operas, and always with marked success.

Spohr's appointment at Cassel gave him the opportunity of bringing out his new works on a grander scale and with more careful attention to detail than he could have hoped to attain in the service of a less generous patron than the elector. And he never failed to use these privileges for the purpose of doing justice to the works of other composers. Soon after his instalment in his new office Mendelssohn, then a boy of thirteen, visited Cassel with his father; notwithstanding the disparity of their years, a firm and lasting friendship sprang up between the rising genius and the already famous composer, which ceased only with Mendelssohn's death in 1847; and in other similar cases Spohr always proved himself ready to appreciate and foster the talent displayed by others, though it must be admitted that as a critic he was very difficult to please. The success of Jessonda led him to produce in 1825 a seventh opera — Der Berggeist — founded upon the old German legend of Rübezahl, the ruling spirit of the Riesengebirge. Though less popular than its predecessor, this fine work attained a very fair success. But a far greater triumph awaited the composer at the Rhenish musical festival held at Düsseldorf in 1826. On this occasion his oratorio Die letzten Dinge met with so enthusiastic a reception that it had to be repeated a few days later for the benefit of a charity. This work, known in England as The Last Judgment, is undoubtedly the greatest of Spohr's sacred compositions, and is remarkable as the first oratorio in which the romantic element is freely introduced, with marked success throughout, and without detriment either to the solemnity of the subject or the sobriety of style which has always been regarded as an indispensable characteristic of sacred music of the highest order. In 1827 Spohr produced his eighth opera, Pietro von Abano, the plot of which depends for its chief interest upon the resuscitation by the famous necromancer of a lady long since dead and committed to the tomb. The work met with a fair, though not a lasting, success; and the same may be said of a much finer opera, Der Alchymist, produced in 1830. Spohr's next publication was of a very different character. His Violin School, produced in 1831, is so useful as a code of instruction for advanced students that there is probably no great violinist now living who has not been more or less indebted to it for the perfection of his technique. It holds with regard to the violin a position no less important than that which Cramer's Studies has so long held in connexion with the pianoforte.

The year 1833 Spohr spent in the preparation of a new

oratorio — Des Heilands letzte Stunden, known in England as Calvary or The Crucifixion — which was performed at Cassel on Good Friday 1835, and sung in English at the Norwich festival of 1839, under Spohr's own direction, with such unexampled success that he was accustomed to speak of this event as the greatest triumph of his life. For the Norwich festival of 1842 he composed The Fall of Babylon, which also was a perfect success. His last opera, Die Kreuzfahrer, was produced at Cassel in 1845. Of his nine symphonies the finest, Die Weihe der Töne, was produced in 1832. His compositions for the violin include concertos, quartetts, duets, and other concerted pieces and solos, adapted for the chamber and the concert room, and among these a high place is taken by four double quartetts, a form of composition of which he was both the inventor and the perfecter. He was, indeed, very much inclined to explore new paths, notwithstanding his attachment to classical form, and his freedom from prejudice was proved by the care with which he produced Wagner's Flying Dutchman and Tannhäuser at Cassel in 1842 and 1853, in spite of the elector's opposition. Spohr retained his appointment until 1857, when, very much against his wish, he was pensioned off. In the same year he broke his arm, but he was able to conduct Jessonda at Prague in 1858. This, however, was his last effort. He died at Cassel on 16th October 1859. (W. S. R.)


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By EDMOND HAMILTON

A weird-scientific thrill-tale of adventure, mystery and romance—of the waters of immortality, the strange Red and Black cities, and the dread Guardians that watched eternally over that terribly glowing lake

The Story Thus Far

EEP in the unexplored jungles of equatorial Africa lies the Lake of Life. It is a lake of shining waters that contain the pure essence of life, the origin of life on earth, and it is guarded by unhuman, terrible beings, the Guardians. And anyone who drinks of those shining waters becomes immortal!"

That is the legend of many African tribes. Asa Brand, senile American millionaire morbidly afraid of death, believes Rh


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By MANLY WADE WELLMAN

A curious and terrifying story about an artist who sold his soul that he might paint a living picture

HAD come to the Art Museum to see the special show of Goya prints, but that particular gallery was so crowded that I could hardly get in, much less see or savor anything; wherefore I walked out again. I wandered through the other wings with their rows and rows of oils, their Greek and Roman sculptures, their stern ranks of medieval armors, their Oriental porcelains, their Egyptian gods. At length, by chance and not by design, I came to the head of a certain rear stairway. Other habitues of the museum will know the one I mean when I remind them that Arnold Böcklin's The Isle of the Dead hangs on the wall of the landing.

I started down, relishing in advance the impression Böcklin's picture would make with its high brown rocks and black poplars, its midnight sky and gloomy film of sea, its single white figure erect in the bow of the beach-nosing skiff. But, as I descended, I saw that The Isle of the Dead was not in its accustomed position on the wall. In that space, arresting even in the bad light and from the up-angle of the stairs, hung a gilt-framed painting I had never seen or heard of in all my museum-haunting years.

I gazed at it, one will imagine, all the way down to the landing. Then I had a close, searching look, and a final appraising stare from the lip of the landing above the lower half of the flight. So far as I can learn—and I have been diligent in my research—the thing is unknown even to the best-informed of art experts. Perhaps it is as well that I describe it in detail.

It seemed to represent action upon a small plateau or table rock, drab and bare, with a twilight sky deepening into a starless evening. This setting, restrainedly worked up in blue-grays and blue-blacks, was not the first thing to catch the eye, however. The front of the picture was filled with lively dancing creatures, as pink, plump and naked as cherubs and as patently evil as the meditations of Satan in his rare idle moments.

I counted those dancers. There were twelve of them, ranged in a half-circle, and they were cavorting in evident glee around a central object—a prone cross, which appeared to be made of two stout logs with some of the bark still upon them. To this cross a pair of the pink things—that makes fourteen—kneeling and swinging blocky-looking hammers or mauls, spiked a human figure.

I say human when I speak of that figure, and I withhold the word in describing the dancers and their hammer-wielding fellows. There is a reason. The supine victim on the cross was a beautifully represented male body, as clear and anatomically correct as an illustration in a surgical textbook. The head was writhed around, as if in pain, and I could not see the face or its expression; but in the tortured tenseness of the muscles, in the slaty white sheen of the skin with jagged streaks of vivid gore upon it, agonized nature was plain and doubly plain. I 485


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The New International Encyclopædia/White, Horace

WHITE, (1834—). An American journalist, born at Colebrook, N. H. He graduated at Beloit College in 1853, and in 1854 became city editor of the Chicago Evening Journal. In 1856 he was appointed assistant secretary of the National Kansas Committee, and when its work was finished in the following year be resumed the work of a journalist in the office of the Chicago Tribune. As a reporter he accompanied Abraham Lincoln in 1858 in his campaign against Stephen A. Douglas. His account of this celebrated contest is published in Herndon's Life of Lincoln. In 1865 he became editor-in-chief of the Chicago Tribune, which place he filled for the succeeding nine years. In 1877 he removed to New York City. A few years afterwards he bought an interest in the New York Evening Post, and in conjunction with Carl Schurz and Edwin L. Godkin assumed the control of its columns. In 1899 he succeeded Godkin as editor-in-chief and he held that position

till 1903, when he retired. Mr. White became widely known for his able discussions of currency and banking problems, and for his writings on other financial subjects. His publications include: Money and Banking (1895; revised ed. 1902) and a translation from the Greek of Appian's Roman History (1899).


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484 could almost see the painted limbs writhe against the transfixing nails.

By the same token, the dancers and hammerers were so dynamically done as to seem half in motion before my eyes. So much for the sound skill of the painter. Yet, where the crucified prisoner was all clarity, these others were all fog. No lines, no angles, no muscles—their features could not be seen or sensed. I was not even sure if they had hair or not. It was as if each was picked out with a ray of light in that surrounding dusk, light that revealed and yet shimmered indistinctly; light, too, that had absolutely nothing of comfort or honesty in it.

on, there!" came a sharp challenge from the stairs behind and below me. "What are you doing? And what's that picture doing?"

I started so that I almost lost my footing and fell upon the speaker—one of the Museum guards. He was a slight old fellow and his thin hair was gray, but he advanced upon me with all the righteous, angry pluck of a beefy policeman. His attitude surprized and nettled me.

"I was going to ask somebody that same question," I told him as austerely as I could manage. "What about this picture? I thought there was a Bōcklin hanging here."

The guard relaxed his forbidding attitude at first sound of my voice. "Oh, I beg your pardon, sir. I thought you were somebody else—the man who brought that thing." He nodded at the picture, and the hostile glare came back into his eyes. "It so happened that he talked to me first, then to the curator. Said it was art—great art—and the Museum must have it." He lifted his shoulders, in a shrug or a shudder. "Personally, I think it's plain beastly."

So it was, I grew aware as I looked at it again. "And the Museum has accepted it at last?" I prompted.

He shook his head. "Oh, no, sir. An hour ago he was at the back door, with that nasty daub there under his arm. I heard part of the argument. He got insulting, and he was told to clear out and take his picture with him. But he must have got in here somehow, and hung it himself." Walking close to the painting, as gingerly as though he expected the pink dancers to leap out at him, he pointed to the lower edge of the frame. "If it was a real Museum piece, we'd have a plate right there, with the name of the painter and the title."

I, too, came close. There was no plate, just as the guard had said. But in the lower left-hand corner of the canvas were sprawling capitals, pale paint on the dark, spelling out the word GOLGOTHA. Beneath these, in small, barely readable script:

I sold my soul that I might paint a living picture.

No signature or other clue to the artist's identity.

The guard had discovered a great framed rectangle against the wall to one side. "Here's the picture he took down," he informed me, highly relieved. "Help me put it back, will you, sir? And do you suppose," here he grew almost wistful, "that we could get rid of this other thing before someone finds I let the crazy fool slip past me?"

I took one edge of The Isle of the Dead and lifted it to help him hang it once more.

"Tell you what," I offered on sudden impulse; "I'll take this Golgotha piece home with me, if you like."

"Would you do that?" he almost yelled out in his joy at the suggestion. "Would you, to oblige me?"

"To oblige myself," I returned. "I need another picture at my place."


text: Dictionary of National Biography, 1901 supplement/À Beckett, Gilbert Arthur


text: Dictionary of National Biography, 1901 supplement/Acheson, Archibald


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The New International Encyclopædia/Parker, Thomas Jeffery

PARKER, (1850-98). A zoölogist, born in London. He received his education in the Royal School of Mines and in the University of London. From 1872 to 1880 he was demonstrator under Huxley at South Kensington and lecturer in biology in Bedford College, London. In 1880 he became professor of biology in the University of Otago, Dunedin, New Zealand. He published a number of memoirs on New Zealand animals, important of which are: On the Structure and Development of Apteryx and On the Cranial Osteology, Classification, and Phylogeny of the Dinornithidæ. He also wrote the following text-books, in which great literary and artistic ability are joined with extensive knowledge and pedagogical skill: Zoötomy (1884); Lessons in Elementary Biology (1890); A Text-book of Zoölogy (with W. A. Haswell, 1897). The last named is the guide followed in the classification of animals in this Encyclopædia. Professor Parker died at Warrington, New Zealand, November 7, 1898.


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The New International Encyclopædia/Parker, Willard

PARKER, (1800-84). An American surgeon, born at Lyndeborough, N. H. He graduated from Harvard in 1820, and from its medical school in 1830, when he was made professor of anatomy in Vermont Medical College, and in the same year professor of anatomy in the Berkshire Medical College, in which latter institution he became professor of surgery in 1833. The following year was spent in the hospitals of London and Paris; and upon his return he was appointed professor of surgery at the College of Physicians and Surgeons in New York City, a post he occupied for thirty years. He then became professor of clinical surgery. In 1854 he first described and reported cases of what is now known as malignant pustule. In 1865 he was made president of the New York State Inebriate Asylum at Binghamton, and in 1867 a member of the Metropolitan Board of Health. He was the first to point out the phenomenon of concussion of the nerves, as distinguished from that of the nerve centres, a condition which had previously been confounded with congestion or inflammation. Dr. Parker made several important discoveries in practical surgery, among which were the operation of cystotomy for the relief of certain cases of chronic cystitis, and that for the cure of abscess near the vermiform appendix, called at that time perityphlitis. He was also a successful operator in many important cases of ligature of the larger arteries. Consult his biography in Medical Record, xxv. 492 (New York, 1884).


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The New International Encyclopædia/Parker, William

PARKER, Sir (1781-1866). An English admiral, born at Almington Hall, Staffordshire. He went to sea when twelve years old on the Orion, which shared in Lord Howe's victorious engagement with the French fleet in 1794. As commander of the Amazon he was engaged in arduous service on the Portuguese and Spanish coasts and made a notable capture of the French frigate Belle Poule (1806). He was made a rear-admiral in 1830, and was knighted in 1834 for his services aboard the flagship Asia during the three preceding years. He remained in England as an Admiralty lord until 1841. when he was made vice-admiral in command in the East Indies, and his prompt action in capturing the ports and blockading the mouth of the Grand Canal brought the Chinese war to an end.

In 1845-52 he was commander-in-chief in the Mediterranean, and in 1857 he retired. He was created admiral of the fleet in 1863.


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The New International Encyclopædia/Parker, William Kitchen

PARKER, (1823-90). An English naturalist and morphologist, born at Dogsthorpe, near Peterborough. He studied medicine at King's College, London, and began to practice in 1849. In 1873 he was appointed Hunterian professor in the Royal College of Surgeons, conjointly with Prof. W. H. Flower. His chief and most suggestive work was on the comparative osteology of the higher vertebrates, from amphibian to mammal. He constantly dwelt on the developmental side and on the phylogeny of the vertebrates, making many improvements in the classification of the types he studied. His larger monographs were: Monograph on the Structure and Development of the Shoulder-Girdle and Sternum in the Vertebrata (1868), and memoirs on the skull of the Batrachia (1878 and 1880), the urodelous Amphibia (1877), the common snake (1878), sturgeon (1882), Lepidosteus (1882), Edentata (1886), Insectivora (1886), and an elaborate paper on the development of the wing of the common fowl (1869). His general works were Morphology of the Skull (1877) and On Mammalian Descent (1885).


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text: 1922 Encyclopædia Britannica/Kropotkin, Peter Alexeivich, Prince


text:
Executive Order 11471

The Convention on the Service Abroad of Judicial and Extrajudicial Documents was ratified by the United States of America and proclaimed by the President on January 8, 1969. It came into force on February 10, 1969. The Contracting States have now undertaken to designate authorities to give effect to the Convention's provisions. In order that the Government of the United States of America may give full and complete effect to the Convention, it is expedient and necessary that several departments of the Executive Branch of that Government perform certain functions. , by virtue of the authority vested in me by section 301 of title 3 of the United States Code and as President of the United States of America, it is ordered as follows:

Richard Nixon The White House, May 28, 1969. [FR Doc. 1969–????? Filed 5–29–69; 8:45 am]

title: Executive Order 11471


text: Dictionary of National Biography, 1901 supplement/Acland, Henry Wentworth


text: Dictionary of National Biography, 1901 supplement/Acland, Thomas Dyke (1809-1898)


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Executive Order 11698

The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters was ratified by the United States of America and was proclaimed by the President on September 15, 1972. It came into force on October 7, 1972. By Article 2 of the Convention each of the Contracting States undertakes to designate a Central Authority to implement the Convention. , by virtue of the authority vested in me as President of the United States of America, it is ordered as follows:

The Department of Justice is designated as the Central Authority to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them.

Richard Nixon The White House, January 19, 1973. [FR Doc. 1973–????? Filed 1–22–73; 8:45 am]

title: Executive Order 11698


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The American Cyclopædia (1879)/Kircher, Athanasius

KIRCHER, Athanasius, a German scholar, born near Fulda, Hesse-Cassel, May 2, 1602, died in Rome, Nov. 28, 1680. He was educated at the university of Würzburg, where he afterward taught philosophy and the oriental languages. After the invasion of Franconia by the Swedes in the thirty years' war he retired to France, and passed two years in the Jesuits' college at Avignon. He then went to Rome, where he was for eight years professor of mathematics. His most important works are: Prodromus Coptus sive Ægyptiacus  (Rome, 1636); Lingua Ægyptiaca Restituta (1644); and Latium (Amsterdam, 1671), with valuable maps and plans. He was a voluminous writer on mathematical and physical science, and his Mundus Subterraneus (2 vols., 1664-'8) comprises all the geological knowledge of the day. He made many philosophical inventions, and collected a celebrated museum of instruments, models, natural objects, and antiquities, for the Jesuit college at Rome. This was described by Sepi (Amsterdam, 1679), and by Buonanni under the title Museum Kircherianum (fol., Rome, 1709; new ed. by Battara, 1773).


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text: Dictionary of National Biography, 1901 supplement/Adair, James


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The American Cyclopædia (1879)/Kirchheim

KIRCHHEIM, or Kirchheim-unter-Teck, a town of Würtemberg, on the Lauter, and not far from the Teck, 18 m. S. W. of Ulm; pop. in 1871, 5,863. It has a royal castle, a large

a house of refuge, iron works, and a sulphur spring. Linen, cotton goods, musical instruments, and other articles are manufactured; and there are important wool, sheep, and cattle markets.


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text: Dictionary of National Biography, 1901 supplement/Adams, Francis William Lauderdale


text: Dictionary of National Biography, 1901 supplement/Adams, John Couch


text: Dictionary of National Biography, 1901 supplement/Adams, William Henry Davenport


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The American Cyclopædia (1879)/Kirchhoff, Gustav Robert

KIRCHHOFF, Gustav Robert, a German physicist, born in Königsberg, March 12, 1824. In 1845 he published an essay on the passage of the electric current through planes. He graduated at Königsberg in 1846, and in 1848 began lecturing in Berlin on mathematical physics, and published several elaborate articles on electrology. In 1850 he was appointed lecturer on experimental physics at Breslau, and in 1854 professor of natural philosophy at Heidelberg, which chair he still occupies (1874). Between 1850 and 1858 he published numerous articles on magnetism, electricity, heat, and the tension of vapors; and in 1859 he made the discovery which has rendered him famous, the cause of Fraunhofer's lines in the solar spectrum. Euler a century ago, and in later years Talbot, Miller, Wheatstone, Foucault, Angström, Balfour Stewart, and Tyndall, had all been very close upon the discovery; but Kirchhoff (in Poggendorff's Annalen, vol. cix., p. 275), was the first to propound and demonstrate the law: “The relation between the power of emission and the power of absorption of one and the same class of rays is the same for all bodies at the same temperature.” This was the basis of his invention in 1860, in conjunction with R. W. Bunsen, of the new method of qualitative chemical analysis called spectrum analysis. (See .) He published Untersuchungen über das Sonnenspectrum und die Spectren der chemischen Elemente, which contains his views of the physical constitution of the sun (Berlin, 1861; 3d ed., 1866); and with Bunsen, Chemische Analyse durch Spectralbeobachtung (Vienna, 1861). He and Bunsen together, by means of spectrum analysis, discovered two new metals, cæsium and rubidium. In 1870 Kirchhoff became a foreign member of the Berlin academy of sciences; and subsequently the Prussian order pour le mérite, the highest honor of its kind in Germany, was conferred upon him. Recently he has begun the publication of what is designed to be an elaborate work on mathematical physics. The first part bears the title, Vorlesungen über analytische Mechanik, mit Einschluss der Hydrodynamik und der Theorie der Elastizität fester Körper (Leipsic, 1874).


text: Dictionary of National Biography, 1901 supplement/Adler, Nathan Marcus


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The American Cyclopædia (1879)/Kirchhoff, Johann Wilhelm Adolf

KIRCHHOFF, Johann Wilhelm Adolf, a German philologist, born in Berlin, Jan. 6, 1826. He is a son of the historical painter Johann Jakob Kirchhoff. After teaching in a gymnasium, he became in 1865 a professor in the university of Berlin, and in 1867 succeeded Böckh as a director of the philological seminary. His works include editions of Plotinus (2 vols., Leipsic, 1854) and Euripides (2 vols., 1855, and 3 vols., 1867-'8), Die homerische Odyssee und ihre Entstehung (1859), and Die Composition der Odyssee (1869). He is a high

authority on the old Italic languages and on palaeography. For the academy of sciences he edited part of the Corpus Inscriptionum Græcarum (1859), containing the Christian inscriptions, and Corpus Inscriptionum Atticarum (1872 et seq.).


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ⅹⅹ restless, inclined to melancholy, and possessing an extreme sensibility, being unable to endure the slightest unpleasant odour or the least physical pain.

Simple in his habits, kind and courteous in his demeanour, and agreeable in conversation, he gained many over to his side, as much by the charm of his manners as by the doctrine which he preached.

Mohammed had already reached his fortieth year when the first revelations came to him. They were the almost natural outcome of his mode of life and habit of thought, and especially of his physical constitution. From youth upwards he had suffered from a nervous disorder which tradition calls epilepsy, but the symptoms of which more closely resemble certain hysterical phenomena well known and diagnosed in the present time, and which are almost always accompanied with hallucinations, abnormal exercise of the mental functions, and not unfrequently with a certain amount of deception, both voluntary and otherwise.

He was also in the habit of passing long periods in solitude and deep thought; and he was profoundly impressed with the falsehood and immorality of the religion of his compatriots and with horror at their vicious and inhuman practices, and had for his best friends men, such as his cousin Waraqah and Zâid ibn Amr, who had, professedly, been long seeking after the truth and who had publicly renounced the popular religion.

At length, during one of his solitary sojournings on Mount ʿHirâ, a wild and lonely mountain near Mecca, an angel appeared to him and bade him 'READ !' 'I am no reader!' Mohammed replied in great trepidation, whereon the angel shook him violently and again bade him read.


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 This was repeated three times, when the angel uttered the five verses which commence the 96th chapter : ‘ READ ! in the name of thy Lord, who did create— Who did create man from congealed blood. READ ! for thy Lord is the most generous, Who has taught the use of the pen,— Has taught man what he did not know.’

Terribly frightened, he hastened home to his faithful wife ʿHadîgah, who comforted him. The vision of the angel was not repeated, but his hallucinations and mental excitement continued to such an extent that a new fear took hold of him, and he began to wonder whether he were not, after all, possessed by a ginn, one of those dread supernatural beings of which I have before spoken.

Persons afflicted with epileptic or hysterical symptoms were supposed by the Arabs, as by so many other nations, to be possessed, and we find the constant complaint in the Qur′ân that he was regarded as such by his fellow-citizens. Poetic frenzy was evidently recognised by them as nearly akin to demoniacal possession, and of this charge, too, the prophet frequently endeavours to clear himself. His habit of fasting and watching throughout the night would and no doubt did increase his tendency to mental excitement and visionary hallucinations.

The celebrated 'night journey' or 'ascent into heaven,' which many of the Muslims allow to have been merely a dream, was doubtless the result of one of these fits of mental exaltation. It must be remembered, however, that to an Eastern mind the reducing it to a dream by no means detracts either from its reality or its authority, dreams being supposed to be direct revelations from God; see the Story of Joseph, Chapter Ⅻ, and the same as recorded in the Old Testament.

That he himself thoroughly believed in the reality of his revelations there can be no doubt, especially during the early part of his prophetic career. The chapters which belong to this period abound in passages which were


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ⅹⅻ evidently uttered in a state of complete ecstasy; but the later portions of the Qurʼân, in which more consecutive stories are told, and in which ordinances are propounded for the general guidance of the believers, or for individual cases, are of course couched in more sober language, and show traces of being composed in a calmer frame of mind.

The thought that he might be, after all, mad or possessed (magnûn) was terrible to Mohammed.

He struggled for a long time against the idea, and endeavoured to support himself by belief in the reality of the divine mission which he had received upon Mount ʿHirâ; but no more revelations came, nothing occurred to give him further confidence and hope, and Mohammed began to feel that such a life could be endured no longer. The Fatrah or 'intermission,' as this period without revelation was called, lasted for two and a half or three years.

Dark thoughts of suicide presented themselves to his mind, and on more than one occasion he climbed the steep sides of Mount ʿHirâ, or Mount Thabîr, with the desperate intention of putting an end to his unquiet life by hurling himself from one of the precipitous cliffs. But a mysterious power appeared to hold him back, and at length the long looked-for vision came, which was to confirm him in his prophetic mission. At last the angel again appeared in all his glory, and Mohammed in terror ran to his wife ʿHadîgah and cried dairûnî, 'wrap me up!' and lay down entirely enwrapped in his cloak as was his custom when attacked by the hysterical fits (which were always accompanied, as we learn from the traditions, with violent hectic fever), partly for medical reasons and partly to screen himself from the gaze of evil spirits.

As he lay there the angel again spake to him: 'O thou covered! Rise up and warn! and thy Lord magnify! and thy garments purify; and abomination shun! and grant not favours to gain increase; and for thy Lord await !'


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Rh And now the revelations came in rapid succession. He no longer doubted the reality of the inspiration, and his conviction of the unity of God and of his divine commission to preach it were indelibly impressed upon his mind.

His only convert was at first his faithful wife ʿHadîgah; she was always at his side to comfort him when others mocked at him, to cheer him when dispirited, and to encourage him when he wavered.

Well, indeed, did she deserve the title by which after-ages knew her of Umm el Mûʼminîn, 'the mother of the believers.'

His daughters next believed; his cousin Ali, Abu Tâlib’s youngest son, whom Mohammed had adopted to relieve his uncle of some portion of his family cares, soon followed; then came Zâid, his freedman, favourite companion and fellow-seeker after truth; and ere long the little band of believers was joined by Abu Bekr, a rich merchant, and man of the most upright character, who had also been his confidant during that period of doubt and mental strife. Mohammed was wont to say that, 'all the world had hesitated more or less to recognise him as the Apostle of God, except Abu Bekr alone.' Abu Bekr enjoyed immense influence with his fellow-citizens, and had by his probity earned the appellation of el Ziddîq, 'the true.'

The next converts to the new faith were two young men, Zobeir and Saʿad ibn Waqqâz, both relations of the prophet. Abd er Rahman ibn Auf and Tal′hah, men of mark and military prowess, then joined the Muslim ranks. Othmân ibn Affân, afterwards the third Caliph, a young Arab beau, also embraced Islâm for the sake of obtaining the hand of Mohammed′s daughter, Rukaiyah. The accession of these personages opened the eyes of the Qurâis to the importance of the movement, but the number of the faithful was still but small.

His other converts were only women and slaves, the former being won over by the influence of ʿHadîgah. Amongst the latter was an Abyssinian slave named Bilal, who subsequently underwent cruel persecutions for the


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ⅹⅹⅳ faith, and on the establishment of the religion became the first muʼezzin or 'crier,' who called to prayer in Islâm.

In the fifth year of his ministry Mohammed made another important convert, Omar ibn el ʿHattâb, a fierce soldier, who had been one of the bitterest opponents of the new religion, but who afterwards proved its chief support.

His conversion carried with it so great weight that the Mohammedan traditions relate it with miraculous attendant details. Omar and Abu Bekr supplied, the one by his vigour and promptitude in action, and the other by his persuasive eloquence and address, the want of the practical element in Mohammed’s character. So thoroughly did he rely upon them and seek support from their companionship, that it was always his custom to say, 'I and Abu Bekr and Omar have been to such and such a place, or have done such and such a thing.'

To the great mass of the citizens of Mecca the new doctrine was simply the ʿHanîfism to which they had become accustomed, and they did not at first trouble themselves at all about the matter. Mohammed’s claim, however, to be the Apostle of God called forth more opposition, causing some to hate him for his presumption and others to ridicule him for his pretensions; some, as we have seen above, regarded him in the light of one possessed, while another class looked upon him as a mere vulgar soothsayer.

But in preaching the unity of Allâh, Mohammed was attacking the very existence of the idols, in the guardianship of which consisted not only the supremacy of Mecca, but the welfare and importance of the state. The chiefs of the Qurâis therefore began to look with no favourable eye upon the prophet, whom they regarded as a dangerous political innovator.

But Mohammed himself came of the most noble family in Mecca, and could not be attacked or suppressed without calling down upon the aggressors the certain vengeance of his protector Abu Tâlib and his clan. A deputation of the chiefs therefore waited upon Abu Tâlib and begged him to enforce silence upon his nephew, or to withdraw his


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