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 of the more thoughtful members of the party with short chatty lectures on geology and other subjects.

In the meantime Smith, in another part of the camp, gave selections on a tin whistle, sang a song or two, contributed, in his turn, to the sailor yarns, and ensured his popularity for several nights at least. After several draughts of something that was poured out of a demijohn into a pint pot, his tongue became loosened, and he expressed an opinion that geology was all bosh, and said if he had half his employer's money he'd be dashed if he would go rooting round in the mud like a blessed old ant-eater; he also irreverently referred to his learned boss as 'Old Rocks' over there. He had a pretty easy billet of it though, he said, taking it all round, when the weather was fine; he got a couple of notes a week and all expenses paid, and the money was sure; he was only required to look after the luggage and arrange for accommodation, grub out a chunk of rock now and then, and (what perhaps was the most irksome of his duties) he had to appear interested in old rocks and and clay.

Towards midnight Steelman and Smith retired to the unoccupied whare which had been shown them, Smith carrying a bundle of bags, blankets, and rugs, which had been placed at their disposal by their good-natured hosts. Smith lit a candle and proceeded to make the beds. Steelman sat down, removed his specs and scientific expression, placed the glasses carefully on a ledge close at hand, took a book from his bag, and commenced to read. The volume was a cheap copy of Jules Verne's 'Journey to the Centre of


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 the Earth.' A little later there was a knock at the door. Steelman hastily resumed the spectacles, together with the scientific expression, took a note-book from his pocket, opened it on the table, and said 'Come in.' One of the chaps appeared with a billy of hot coffee, two pint pots, and some cake. He said he thought you chaps might like a drop of coffee before you turned in, and the boys had forgot to ask you to wait for it down in the camp. He also wanted to know whether Mr. Stoneleigh and his man would be all right and quite comfortable for the night, and whether they had blankets enough. There was some wood at the back of the whare and they could light a fire if they liked.

Mr. Stoneleigh expressed his thanks and his appreciation of the kindness shown him and his servant. He was extremely sorry to give them any trouble.

The navvy, a serious man, who respected genius or intellect in any shape or form, said that it was no trouble at all, the camp was very dull and the boys were always glad to have some one come round. Then, after a brief comparison of opinions concerning the probable duration of the weather which had arrived, they bade each other good night, and the darkness swallowed the serious man.

Steelman turned into the top bunk on one side and Smith took the lower on the other. Steelman had the candle by his bunk, as usual; he lit his pipe for a final puff before going to sleep, and held the light up for a moment so as to give Smith the full benefit of a solemn, uncompromising wink. The wink was silently applauded and dutifully returned by

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 Smith. Then Steelman blew out the light, lay back, and puffed at his pipe for a while. Presently he chuckled, and the chuckle was echoed by Smith; by-and-bye Steelman chuckled once more, and then Smith chuckled again. There was silence in the darkness, and after a bit Smith chuckled twice. Then Steelman said:

'For God's sake give her a rest, Smith, and give a man a show to get some sleep.'

Then the silence in the darkness remained unbroken.

The invitation was extended next day, and Steelman sent Smith on to see that his baggage was safe. Smith stayed out of sight for two or three hours, and then returned and reported all well.

They stayed on for several days. After breakfast and when the men were going to work Steelman and Smith would go out along the line with the black bag and poke round amongst the 'layers and stratas' in sight of the works for a while, as an evidence of good faith; then they'd drift off casually into the bush, camp in a retired and sheltered spot, and light a fire when the weather was cold, and Steelman would lie on the grass and read and smoke and lay plans for the future and improve Smith's mind until they reckoned it was about dinner time. And in the evening they would come home with the black bag full of stones and bits of rock, and Steelman would lecture on those minerals after tea.

On about the fourth morning Steelman had a yarn with one of the men going to work. He was a lanky young fellow with a sandy complexion, and


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 harmless grin. In Australia he might have been regarded as a 'cove' rather than a 'chap,' but there was nothing of the 'bloke' about him. Presently the cove said:

'What do you think of the Boss, Mr. Stoneleigh? He seems to have taken a great fancy for you, and he's fair gone on geology.'

'I think he is a very decent fellow indeed, a very intelligent young man. He seems very well read and well informed.'

'You wouldn't think he was a University man,' said the cove.

'No, indeed! Is he?'

'Yes. I thought you knew!'

Steelrnan knitted his brows. He seemed slightly disturbed for the moment. He walked on a few paces in silence and thought hard.

'What might have been his special line?' he asked the cove.

'Why, something the same as yours. I thought you knew. He was reckoned the best―what do you call it?―the best minrologist in the country. He had a first-class billet in the Mines Department, but he lost it―you know―the booze.'

'I think we will be making a move, Smith,' said Steelman, later on, when they were private. 'There's a little too much intellect in this camp to suit me. But we haven't done so bad anyway. We've got three days' good board and lodging with entertainments and refreshments thrown in.' Then he said to himself: 'We'll stay for another day any-way. If those beggars are having a lark with us, we're getting


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 the worth of it any-way, and I'm not thin-skinned. They're the mugs and not us, anyhow it goes, and I can take them down before I leave.'

But on the way home he had a talk with another man whom we might set down as a 'chap.'

'I wouldn't have thought the Boss was a college man,' said Steelman to the chap.

'A what?'

'A University man―University education.'

'Why! Who's been telling you that?'

'One of your mates.'

'Oh, he's been getting at you, why: it's all the Boss can do to write his own name. Now that lanky sandy cove with the birth-mark grin―it's him that's had the college education.'

'I think we'll make a start to-morrow,' said Steelman to Smith in the privacy of their whare. 'There's too much humour and levity in this camp to suit a serious scientific gentleman like myself.'


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 A contemporary of this distinguished Irish-Australian missionary has summed up his character and career in a sentence: "Neither time, nor distance, nor danger—and his duties were often performed at the real peril of life—ever impeded or obstructed him in the zealous performance of the sacred duties of his mission." It was his custom on Christmas-day to celebrate his midnight mass in Sydney, a second mass in Liverpool, and a third at Campbelltown, spending the whole of the subsequent week amongst the scattered Catholic families in the interior. Wherever he went, every door was ready to receive him, and Protestants vied with Catholics in extending assistance and hospitality to the general favourite. Disputes arising between neighbours were as a rule referred to him for arbitration, and Father Therry's decision was invariably accepted as final by both parties. Truly has it been said of him that "in the days of transportation he was the chief comforter and friend of the convicts of his creed, and no minister has enjoyed, in a larger measure than this truly reverend man has done throughout his long career, the confidence and affection of both bond and free."

In 1826 Ireland sent the indefatigable pioneer a helper in the person of Father Daniel Power, and, a few years afterwards, a still more important acquisition arrived, the Rev. John (subsequently Archdeacon) McEncroe. A native of Rathsalla, near Cashel, in Tipperary, Father McEncroe devoted the early years of his priesthood to missionary work under Bishop England in the United States. There for seven years he preached and lectured, established a Catholic newspaper, and combated the now overthrown institution of slavery with a vigour and determination that made him an object of numerous threats from the exasperated dealers

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 in human flesh. Unceasing work at high pressure almost ruined his health, and he was forced to return to Ireland. After an interval of comparative repose, he was nominated to a vacant bishopric in the United States; but, acting on a providential inspiration, and with the approval of the then Archbishop of Dublin, Dr. Murray, he declined the proffered well-earned promotion, and accepted the hard lot of an humble missionary amongst his exiled countrymen in Australia. Years before, he had seen in Clonmel, Tipperary, a prison-van full of unfortunate fellows about to be transported to the antipodes. Running into a neighbouring bookseller's shop, the thoughtful priest soon emerged with three dozen Catholic prayer-books, which he threw into the van as so much spiritual bread upon the waters. Years afterwards, he had the supreme satisfaction of seeing several of these identical prayer-books in the houses of prosperous settlers in the far interior of New South Wales—a remarkable transformation of that dismal and discouraging scene in Clonmel, when he first saw the men and handled the books. Apart from his conspicuous services on behalf of the moral and spiritual elevation of the Catholic prisoners that were: sent to Australia, Archdeacon McEncroe will long be remembered for the prominent part he played in the establishment of the leading charitable institutions of Sydney. He was also the founder of the Sydney Freeman's Journal, a high-class literary weekly newspaper, which, together with the Melbourne Advocate, has for many years ably and consistently upheld and defended Irish and Catholic interests in the southern hemisphere. During his lifetime; he was himself the chief, the most scholarly, and the most extensive contributor to its columns. One of its editors was a distinguished member of an Irish literary and patriotic

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372 know him to be honest." Not so in Saxony, where the courts have decided that it is lawful to call a book foolish, but not to call the author a fool.

The leaders of the movement that sprang up in the second quarter of the century were animated by the conviction that the genius and learning of the modern world went to work the wrong way, and missed its aim, not from incapacity, but from interest, influence, and prejudice. It was their belief that literature had long been an arduous and comprehensive conspiracy against truth, and that much envenomed controversy could be set at rest by exposing the manifold arts that veil substantial falsehood—suppression, distortion, interpolation, forgery, legend, myth. The Germans came late upon the scene, and did not claim to be better than those who went before them; but they would begin their work over again—"expurgata jam et abrasa et aequata mentis area"—warned by-example to escape the sources of error. By extreme patience and self-control, by seeking neither premature result nor personal reward, by sacrificing the present to the far-off future, by the obscure heroism of many devoted lives, they looked to prepare the foundation of the kingdom of knowledge. "Plurimi transibunt et multiplex erit scientia." They trained themselves to resist the temptations by which others had suffered, and stood to win by moral qualities. There was so much rough material to hew, so much time to recover, that they renounced making points and drawing conclusions. The politic Briton, with a practical object in view, avoids needless provocation to dissent; and the studious German tried to exclude contentious matter, and to adjust theory to fact, on the maxim, "On s'arrange plus facilement sur un fait que sur un principe."

Their literary dogma, that truth is worth living for, and honesty, in fact, is the best policy, yields to nobody now the fresh emotion of discovery. Lanfrey writes that the only patriotism of historians is sincerity; and the best of the French reviews has said the same thing in its prospectus. "Nous ne prétendons servir qu'une cause,


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Rh Now, writing $$\beta$$ for $$\frac{1}{2}\pi-a$$, we have and we can observe that and that

Hence, taking axes of X and F which are obtained from those of x and y by a rotation through $$\frac{1}{4}\pi - \frac{1}{2}\alpha$$ in the sense from x towards y, we see that the particle which was at (X, Y) is moved by the pure shear followed by the rotation to the point (X2, Y2), where

Thus every plane of the material which is parallel to the plane of (X, z) slides along itself in the direction of the axis of X through a distance proportional to the distance of the plane from the plane of (X, z). The kind of strain just described is called a "simple shear," the angle α is the "angle of the shear," and 2 tan α is the "amount of the shear."


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 family, viz., Richard O'Sullivan, a brother of that lamented orator, author, and journalist, A. M. Sullivan, and of that, happily, still living devoted Nationalist leader and patriotic poet, T. D. Sullivan, M.P., editor of the Nation, When he revisited Ireland in 1859, he brought back with him to Australia the Rev. Dr. Forrest as the first rector of the now-flourishing St. John's College, affiliated to the University of Sydney. In short, Archdeacon McEncroe is fully entitled to share with Archpriest Therry in all the posthumous honours that are justly due to the self-denying, successful pioneer, each having been largely instrumental in laying the sure foundation on which the imposing edifice of the Australian Catholic Church of to-day is built. The Right Hon. W. B. Dalley, soon after the decease of the twin founders of Catholicity on the southern continent, reminded a large gathering of his co-religionists in Sydney of "the privilege of having possessed two such pure, simple, heroic confessors as the two great priests whose memory we wish to perpetuate. They are endeared to us by lives as blameless as they were beautiful, and identified with everything of interest in our ecclesiastical history."

With the arrival in Australia, more than half a century ago, of Dr. Ullathorne, now the aged Bishop of Birmingham, in England, another important stage of Church development was reached. Dr. Ullathorne, then an active young man of twenty-six, came out in the capacity of Vicar-General of the Bishop of the Mauritius, who at that early period exercised a sort of nominal jurisdiction over the whole of Australia and the South Sea Islands. The organising faculty was possessed in no small degree by Dr. Ullathorne, and he was fortunate in receiving material assistance from the new Governor, Sir Richard Bourke, who, though not a Catholic

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Rh celle de la science—Le livre seul est l'objet de la critique; l'auteur pour elle n'existe pas." A clever fellow assured Lasker that he lied no more, having observed that it is less profitable than it used to be, and that truth, on the whole, answers better. Half a century ago, when every member of an election committee was understood to vote with his party, when a cry of derision went up at the hyperbole that property has duties as well as rights, when one prime minister considered that rich men ought to know how poor men vote, and another said, "On ne trompe personne quand on trompe tout le monde," such principles were not yet trivial, and were enjoying the short span which Schopenhauer assigns to truth, between the paradox of yesterday and the commonplace of to-morrow.

Late in his life Thiers said of Napoleon, "Il faut convenir que c'était un scélérat et un fou." He had concealed his opinion in twenty volumes. Guizot having discovered certain scandal about a queen (who was not Queen Elizabeth), by the advice of the Duchess de Broglie suppressed it. Quite lately, the president of a great assembly avowed that impartiality is a merit only in presidents. When Tocqueville spent a lifetime in declaring the advent and the natural history of democracy, without betraying the intensity of his fears, and kept his religious opinions so well out of sight that the suppression of one or two letters has been enough to conceal them altogether; or when the Bishop of Chester mentions, with becoming pride, that a man may read his books and take him for a radical, they illustrate a phase of literary character which was specially developed by the Germans in the studious and pacific days before 1848. And Mr. Freeman's proposition, that historic criticism and historic fairness are hardly possible when a man writes simply as a partisan of the Papacy, would be accepted by them without the implied restriction. By what secret channels error filters into the mind, most people have read in Bacon, and may read much better in Spencer. The ideal historian adumbrated by Rothe, Kampschulte, Roscher, Dümmler,


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 himself, had sympathies in that direction by reason of his many Catholic relatives and friends around his native city of Limerick. The coming of Sir Richard Bourke was coincident with a complete reversal of that avowed anti-Catholic policy, which previous governors took a shameless delight in administering. A powerful despatch of his to the Right Hon. E. G. Stanley, Secretary of State for the Colonies, under date September 30th, 1833, dealt a knock-down blow to the pampered little state Church which his predecessors had laboured so hard to erect on Australian soil. He pointed out with clearness and effect the grossly unfair manner in which the annual grant from the public treasury for Church purposes was distributed, £11,500 being grabbed by the Church of England, whilst the Roman Catholics, notwithstanding their large numbers, received only £1,500, and the Church of Scotland £600. "The chaplains of the Church of England," he proceeded, "are provided with glebes of forty acres each, or with a money allowance in lieu, and with houses or lodging money. No advantage of this kind is possessed by the clergy of the Church of Scotland, or by the Roman Catholics. Such an unequal distribution of support cannot be supposed to be acceptable to the colonists, who provide the funds from which this distribution is made. Accordingly, the magnitude of the sums annually granted for the support of the Church of England in New South Wales, is very generally complained of, and a petition to the governor and the Legislative Council has been lately prepared at a public meeting, and very numerously signed, praying for a reduction of the expenditure. In a new country, to which persons of all religious persuasions are invited to resort, it will be impossible to establish a dominant and endowed church without much hostility, and there is great improbability

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374 Löning, Gierke, Gass, is a man armed at all these points, and the discipline that makes him opens further visions of penetrating ethics, not obvious on the beaten track.

Among the historians of that epoch the most eminent, though he never wrote a page of history, was Böhmer, the librarian of Frankfort. Dumas's enthusiasm for the author of the Girondins broke out in the words: "Il a élevé l'histoire à la hauteur du roman"; and of Böhmer it can be said that he raised drudgery to the rank of a fine art. For the centuries to which he confined himself, from the eighth to the fourteenth, he made it a precept that truth dwells in documents, and not in chronicles or lives. The author of a grant or a state paper knows what he is doing; the author of a book does not. In one case history is told by those who make it; in the other, by those who hear of it from other people. The chronicle is a mixture of memory, imagination, and design. The charter is reality itself. When Thierry was overworked, he refreshed his mind with the glossary of Ducange; and there is no better reading in German than the prefaces of Böhmer, and his Regesta as completed by the Innsbruck professors. He makes all mediæval literature subsidiary to the charters, and relieves his terse and telling abstract with illustrations from the historians as well as with points of his own. As the citizen of a republic, whose mental life was spent among the records of mediæval empire, as a Protestant who sought the society of Catholics, he had the advantage of a central and independent position. But his warmest sympathies were with the institutions which had vanished in his lifetime, with the church whose tenets he rejected, and he delivered his sentiments with a petulance and malice which no other reputation could have withstood. Waitz, and the northern scholars whose modes of thought he flouted, voted him a prize, as the foremost historian of the day; and Ficker, who has carried forward his work with better training and at least equal solidity, devised a theory for his benefit, which maintains that prejudice is consistent with veracity. Like Stälin, who had his


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Rh Wirtembergische Geschichte, the best of provincial histories, corrected by a priest, Böhmer gravitated towards the Catholic south, and was the chief of a scattered party of Guelphic scholars which has not survived. When he died, in 1863, the romantic school to which he had imparted the dignity of exact learning went below the horizon.

The chief promoter of mediæval studies was the modern Ranke. He had been famous for ten years before his influence was established, for the strongest men who came up were carried away by Hegel. In 1834, when the lieutenants were dividing the empire, Ranke set the reign of Henry I., the imaginary Fowler, as a subject for an essay. Giesebrecht and Köpke competed, and were defeated by Waitz, who has just revised the third edition of his biography, fifty years after it gained the prize. This was the foundation of what has been for so long incomparably the first school of history in the world, not for ideas or eloquence, but for solid and methodical work. Ranke discouraged men from approaching the passionate discussions and buried materials which were his own domain, and directed them to the times before the thirteenth century, the sources of which occupy a limited compass, and were just then in process of being threshed out for Pertz. It was a time that could be studied in the same cool temper as the weights and measures of Babylon, and had some analogy with the things taught by Böckh. But no philologist had Ranke's mastery of the detective arts. Even Drumann, when he came to Boniface VIII., proved ignorant of technical rules, while, on the other hand, the canons which Nitzsch and Nissen applied to Rome were formed in the mediæval school. It supplied the best editors of the Monumenta, eclipsing Pertz and his legal coadjutors, beat up all the libraries of Europe, and gradually obtained the control of the historical reviews. The Annals of the mediæval empire are the most perfect achievement of these men. They were slow to quit the libraries for the archives; but a younger generation, working at Munich on the sixteenth


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376 and seventeenth centuries, and laying half of Europe under contribution, has solved the harder problem of making state papers the backbone of modern history.

The weak place was the nineteenth century until the revolution of 1848 compelled attention to the problems of the day. Droysen had already proposed a series of books on recent times, to be laid down on the lines of Dahlmann, which should fuse past and present, and treat politics and history as one. In connection with this plan, which was not carried out, Häusser produced the first serious work on the fall and the rise of Germany, between the death of Frederic and the overthrow of Napoleon, a work which hardly justifies the considerable influence which the author exercised without his pen, but which marks a new era as a plea for Prussia from a southern and avowedly liberal hand.

The next Heidelberg writer prophesied a democratic, not a Prussian future. Gervinus personates the average German, the average middle-class German from the smaller towns of the smaller States, crowded with indisputable information, sceptical and doctrinaire, more robust than elastic or alert, instructive but not persuasive, with a taste for broad paths and the judicious forcing of open locks. He began his History of the Nineteenth Century at the lowest ebb of national sentiment, and he left it, a fragment in eight volumes, when reviving nationality discarded his dogmas. Schlosser, the master in whom he persistently believed, confessed that the world moved away and left him superfluous and obsolete. The same experience darkened the last days of Gervinus, who thought that Cavour must fail, that Bismarck was a new Polignac, who kept his place among the vanquished of 1866, and died disowning the results of 1870. He had been a power in the land before 1848, when he applied the reigning theory to literature, and exhibited every writer limited and bound to fixed surroundings, and every poem a barometer. He rescued the realm of imagination from the wild will of poets and the incalculable sceptre, and brought a new region under scientific


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Rh. Julian Schmidt and other vigorous men have enlarged his notions. The better part of the nation's mind works in pursuit of truth, and its thought, its knowledge, its errors, constitute the object of literary history as well as those things which may be lawfully told in verse. The flowery empire of æsthetics did not flourish under this amalgamation as it had done in less practical days. The best work is a history of Italian literature; but of the greatest living critics—Haym, Bernays, and Scherer—not one is great alike in the tracing of ideas, in perfect knowledge of biographical and bibliographical fact, and in taste.

Gervinus and Sybel exhibit the contrast between north and south, and between the time before and after 1848. Sybel had learnt to make war on confusion and fiction in the strict mediæval school; but his mind was essentially modern, his interest lay in practical directions, and he opened the way to the later, inexhaustible, and almost unattempted centuries. He studies the Revolution in the light of a vast disturbance of the permanent policy of cabinets, without mercy on its picturesque and passionate element. The Reformation was in fact a blow struck at reforming Catholicism, more than at the supine advocacy of things as they were; and this historian, without unction or sympathy, deplores the Revolution as a catastrophe that threw back intelligent progress for half a century. He began these studies forty years ago with two essays on Burke, whose letter to Mercer embodies much of his philosophy. Both in his history and in his review, Sybel adopts the dogmatic terms of Burke and Savigny; but he is never lost in theory. Although his introductory chapter anticipated the Ancien Régime with no better help than Tocqueville's article in the Westminster Review, the depth and soundness of his work was not perceived until his gradual discoveries in many archives awakened controversy and provoked a flood of answering matter.

The year 1848, which sent more than one hundred professors to Frankfort, had been detrimental to the British and Baconian maxim, that knowledge is power. In Sybel they were united; for he was learned in the


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 among them and dropped to the mossy ground. The creature fell craftily silent. Then I felt sudden panic and regret at being left weaponless, and I retreated toward the fire.

"Susan," I said huskily, "give me another stick. Hurry!"

She did not move or stir, and I rummaged frantically among the heaped dry branches for myself. Catching up the first piece of wood that would serve, I turned to her with worried curiosity.

She was still seated upon the cloak-draped root, but she had drawn herself tense, like a cat before a mouse-hole. Her head was thrust forward, so far that her neck extended almost horizontally. Her dilated eyes were turned in the direction from which the whining and crooning had come. They had a strange clarity in them, as if they could pierce the twigs and leaves and meet there an answering, understanding gaze.

"Susan!" I cried.

Still she gave no sign that she heard me, if hear me she did. She leaned farther forward, as if ready to spring up and run. Once more the unbeastly wail rose from the place where our watcher was lurking.

Susan's lips trembled. From them came slowly and softly, then louder, a long-drawn answering howl.

"Aoooooooooooooo! Aooooooooooooooooooo!"

The stick almost fell from my hands. She rose, slowly but confidently. Her shoulders hunched high, her arms hung forward as though they wanted to reach to the ground. Again she howled:

"Aoooooooooooooooooooo!"

I saw that she was going to move across the clearing, toward the trees—through the trees. My heart seemed to twist into a knot inside me, but I could not let her do such a thing. I made a quick stride and planted myself before her.

"Susan, you mustn't!"

She shrank back, her face turning slowly up to mine. Her back was to the fire, yet light rose in her eyes, or perhaps behind them; a green light, such as reflects in still forest pools from the moon. Her hands lifted suddenly, as though to repel me. They were half closed and the crooked fingers drawn stiff, like talons.

"Susan!" I coaxed her, yet again, and she made no answer but tried to slip sidewise around me. I moved and headed her off, and she growled—actually growled, like a savage dog.

With my free hand I clutched her shoulder. Under my fingers her flesh was as taut as wire fabric. Then, suddenly, it relaxed into human tissue again, and she was standing straight. Her eyes had lost their weird light, they showed only dark and frightened.

"Talbot," she stammered. '"Wh—what have I been doing?"

"Nothing, my dear," I comforted her. "It was nothing that we weren't able to fight back."

From the woods behind me came a throttling yelp, as of some hungry thing robbed of prey within its very grasp. Susan swayed, seemed about to drop, and I caught her quickly in my arms. Holding her thus, I turned my head and laughed over my shoulder.

"Another score against you!" I jeered at my enemy. "You didn't get her, not with all your filthy enchantments!"

Susan was beginning to cry, and I half led, half carried her back to the fireside. At my gesture she sat on her cloak again, as tractable as a child who repents of rebellion and tries to be obedient.

There were no more sounds from the timber. I could feel an emptiness there, as if the monster had slunk away, baffled.


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 of its becoming permanent. The inclination of these colonists, which keeps pace with the spirit of the age, is decidedly adverse to such an institution; and I fear the interests of religion would be prejudiced by its establishment. If, on the contrary, support were given as required to every one of the three great divisions of Christians indifferently, and the management of the temporalities left to themselves, I conceive that the public treasury might in time be relieved of a considerable charge; and, what is of much greater importance, the people would become more attached to their respective Churches, and be more willing to listen to, and obey the voices of, their several pastors."

This brave and statesmanlike description of the situation, Sir Richard Bourke followed up with a plan of his own devising for the future equitable distribution of the Government grant for religious and educational purposes. The Imperial authorities in London took some time to digest the most momentous despatch they had yet received on Australian affairs, but at last came the reply from Lord Glenelg, the Secretary of State for the Colonies in Lord Melbourne's Administration. It bore the date of November 30, 1835, and was a complete and highly satisfactory endorsement of the broad liberal views that had been enunciated by Sir Richard Bourke. Writing on behalf of his colleagues in the cabinet as well as for himself. Lord Glenelg thanked Sir Richard for the "full and clear statement" which he had transmitted to them, with respect to the existing means of religious instruction and education in New South Wales, and for the suggestions with which that statement had been supplemented. "I am disposed," his lordship continued, "to commit to the Governor and the Legislative Council the task of suggesting and enacting

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13. "Light's Our Best Weapon."

of us said anything for a while after that. I stoked up the lire, to be doing something, and it made us so uncomfortably warm that we had to crowd away from it. Sitting close against the tree-trunk, I began to imagine something creeping up the black lane of shadow it cast behind us to the edge of the clearing; and yet again I thought I heard noises, Club in hand, I went to investigate, and I was not disappointed in the least when I found nothing.

Finally Susan spoke. "This," she said, "is a new light on the thing."

"It's nothing to be upset about," I tried to comfort her.

"Not be upset!" She sat straight up, and in the light of the fire I could see a single pained line between her brows, deep and sharp as a chisel-gash. "Not when I almost turned into a beast!"

"How much of that do you remember?" I asked her.

"I was foggy in my mind, Talbot, almost as at the séance, but I remember being drawn—drawn to what was waiting out there." Her eyes sought the thickets on the far side of our blaze. "And it didn't seem horrible, but pleasant and welcome and—well, as if it were my kind. You," and she glanced quickly at me, then ashamedly away, "you were suddenly strange and to be avoided."

"Is that all?"

"It spoke to me," she went on in husky horror, "and I spoke to it."

I forbore to remind her that the only sound she had uttered was a wordless howl. Perhaps she did not know that—I hoped not. We said no more for another awkward time.

Finally she mumbled, "I'm not the kind of woman who cries easily; but I'd like to now."

"Go ahead," I said at once, and she did, and I let her. Whether I took her into my arms, or whether she came into them of her own accord, I do not remember exactly; but it was against my shoulder that she finished her weeping, and when she had finished she did feel better.

"That somehow washed the fog and the fear out of me," she confessed, almost brightly.

It must have been a full hour later that rustlings rose yet again in the timber. So frequently had my imagination tricked me that I did not so much as glance up. Then Susan gave a little startled cry, and I sprang to my feet. Beyond the fire a tall, gray shape had become visible, with a pale glare of light around it.

"Don't be alarmed," called a voice I knew. "It is I—Otto Zoberg."

"Doctor!" I cried, and hurried to meet him. For the first time in my life, I felt that he was a friend. Our differences of opinion, once making companionship strained, had so dwindled to nothing in comparison to the danger I faced, and his avowed trust in me as innocent of murder.

"How are you?" I said, wringing his hand. "They say you were hurt by the mob."

"Ach, it was nothing serious," he reassured me. "Only this." He touched with his forefinger an eye, and I could see that it was bruised and swollen half shut. "A citizen with too ready a fist and too slow a mind has that to answer for."

"I'm partly responsible," I said. "You were trying to help me, I understand, when it happened."

noise behind him, and two more shapes pushed into the clearing. I recognized Judge Pursuivant, nodding to me with his eyes bright under his wide hat-brim. The other man, angular, falcon-faced, one arm in a sling, I had also seen before. It was Constable


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. I spoke to him, but he gazed past me, apparently not hearing.

Doctor Zoberg saw my perplexed frown, and he turned back toward the constable. Snapping long fingers in front of the great hooked nose, he whistled shrilly. O'Bryant started, grunted, then glared around as though he had been suddenly and rudely awakened.

"What's up?" he growled menacingly, and his sound hand moved swiftly to a holster at his side. Then his eyes found me, and with an oath he drew his revolver.

"Easy, Constable! Easy does it," soothed Judge Pursuivant, his own great hand clutching O'Bryant's wrist. "You've forgotten that I showed how Mr. Wills must be innocent."

"I've forgotten what we're here for at all," snapped O'Bryant, gazing around the clearing. "Hey, have I been drunk or something? I said that I'd never"

"I'll explain," offered Zoberg. "The judge met me in town, and we came together to see you. Remember? You said you would like to avenge your brother's death, and came with us. Then, when you balked at the very edge of this Devil's Croft, I took the liberty of hypnotizing you."

"Huh? How did you do that?" growled the officer.

"With a look, a word, a motion of the hand," said Zoberg, his eyes twinkling. "Then you ceased all objections and came in with us."

Pursuivant clapped O'Bryant on the unbounded shoulder. "Sit down," he invited, motioning toward the roots of the tree.

The five of us gathered around the fire, like picknickers instead of allies against a supernormal monster. There, at Susan's insistence, I told of what had happened since Judge Pursuivant had left us. All listened with rapt attention, the constable grunting occasionally, the judge clicking his tongue, and Doctor Zoberg in absolute silence.

It was Zoberg who made the first comment after I had finished. "This explains many things," he said.

"It don't explain a doggone thing," grumbled O'Bryant.

Zoberg smiled at him, then turned to Judge Pursuivant. "Your ectoplasmic theory of lycanthropy—such as you have explained it to me—is most interesting and, I think, valid. May I advance it a trifle?"

"In what way?" asked the judge.

"Ectoplasm, as you see it, forms the werewolf by building upon the medium's body. But is not ectoplasm more apt, according to the observations of many people, to draw completely away and form a separate and complete thing of itself? The thing may be beastly, as you suggest. Algernon Blackwood, the English writer of psychic stories, almost hits upon it in one of his 'John Silence' tales. He described an astral personality taking form and threatening harm while its physical body slept."

"I know the story you mean," agreed Judge Pursuivant. "The Camp of the Dog, I think it's called."

"Very well, then. Perhaps, while Miss Susan's body lay in a trance, securely handcuffed between Wills and myself"

"Oh!" wailed Susan. "Then it was I, after all."

"It couldn't have been you," I told her at once.

"But it was! And, while I was at the judge's home with you, part of me met the constable's brother in this wood." She stared wildly around her.

"It might as well have been part of me" I argued, and O'Bryant glared at me as if in sudden support of that likelihood. But Susan shook her head.


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 such laws and regulations for the distribution and appropriation of the funds applicable to the general purposes off religion and education, as they consider best adapted to the exigencies of the colony. In the general principles upon which your plan is founded as applicable to New South Wales, His Majesty's Government entirely concur. In these communities of the Australian colonies, formed and rapidly multiplying under most peculiar circumstances, and comprising great numbers of Presbyterians and Roman Catholics, as well as members of the Church of England, it is evident that the attempt to select any one church as the exclusive object of public endowment, even if it were advisable in. every other respect, would not long be tolerated. To none of the numerous Christians of those persuasions should, opportunities be refused for worship and education on principles which they approve."

This unmistakable official sanction cleared the path for local legislation. The Church Act, establishing religious equality on the lines laid down by Sir Richard Bourke in his despatch, was speedily introduced and passed by the Legislative Council. It came into operation on July 29 1836, a red-letter day in the annals of Australia, for it witnessed the close of the long, dark, and sanguinary era of ecclesiastical supremacy and intolerance, and the beginning of the benign reign of religious liberty throughout the Australian dominions. It is true that a few years later when the first Roman Catholic prelate, Dr. Folding, arrived in Sydney and assumed his legitimate title, the local head of the Church of England, Dr. Broughton, made one last desperate attempt to reanimate the ashes of sectarian strife and to regain his vanished position of pre-eminence in the religious world. Standing on the north side of his altar and

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86

nemnan hȳrde,þǣr hīo [næ]gled sinc hæleðum sealde.Sīo gehāten [wæs], geong, gold-hroden,gladum suna Frōdan; [h]afað þæs gewordenwine Scyldinga, rīces hyrde,ond þæt rǣd talað, þæt hē mid ðȳ wīfewæl-fǣhða dǣl, sæcca, gesette.Oft, [nō] seldan, hwǣr æfter lēod-hryrelȳtle hwīle bon-gār būgeð,þēah sēo brȳd duge. Mæg þæs þonne ofþyncanðēoden Heaðobeardna ond þegna gehwāmþāra lēoda, þonne hē mid fǣmnanon flett gǣð, dryht-bearn Denaduguða biwenede;

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Author:John Stanley James

Works

 * Vagabond Papers (five series)
 * Occident and Orient
 * Cannibals and Convicts
 * No Mercy

title: Author:John Stanley James


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title: Index:S v Williams and Others.djvu


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Page:The American Indian.djvu/443

Rh 41., or (4458):

42. (42):

43. (43):

44. (78):

45. (329):

46. (4538):

47. (819):

48., or (668):

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Page:The American Indian.djvu/421

aim of the preceding chapters has been to convey a general idea of the content of the science of anthropology in so far as it applies to the New World. The ultimate goal of investigation in this field in the New World is the discovery of the origin of the Indians and the causes and conditions leading to the development of their culture. Though thus simply stated, the problem is truly complex. We have seen what a great array of facts must be considered and how one must draw upon the resources of zoology, geography, and geology, before the various parts of the problem can be formulated for critical consideration. As to the origin of the New World man himself, we have achieved one point: viz., that he migrated hither from Asia where his nearest relatives still reside. Yet, we are far from the truth as to the exact relationship between the Indian and the Asiatic, and have still much to learn as to his own subdivisions. Again, when we turn to culture, we are confronted with another problem of origins. One of our objectives in this volume has been the formulation of the anthropological view of culture to which end we have reviewed and classified the facts, or manifestations, of the phenomenon of culture in so far as they seemed necessary to the comprehension of current problems and interpretations. This view we have stated to be the historical conception of culture origins.

Now, with the main facts before us and recognizing that the differentiation of cultures is a historical phenomenon, we should be able to project the general outlines of man's career in the New World. Recalling our conclusion that the Indian came here from Asia at a relatively recent period, we find ourselves confronted with the question as to what elements of culture man brought with him when he crossed over to

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text: 1922 Encyclopædia Britannica/Tschaikovsky, Nicholas Vasilievich


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Page:S v Williams and Others.djvu/1

 IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

CASE NO

In the matter of:

THE STATE

versus

HENRY WILLIAMS JONATHAN KOOPMAN TOMMY MAMPA GARETH PAPIER JACOBUS GOLIATH SAMUEL WITBOOI

JUDGMENT

'''LANGA, J

This matter has been referred to this Court by the Full Bench of the Cape of Good Hope Provincial Division of the Supreme Court (Conradie, Scott and Farlam JJ). It is a consolidation of five different cases in which six juveniles were convicted by different magistrates and sentenced to receive a "moderate correction" of a number of strokes with a light cane. The issue is whether the sentence of juvenile whipping, pursuant to the provisions of section 294 of the Criminal Procedure Act, is consistent with the provisions of the Constitution.

Mr. Bozalek appeared with Mr. Hathorn as amicus curiae on behalf of the accused; they were assisted by the Legal Resources Centre's Cape Town office. We are indebted to both Counsel and to the Legal Resources Centre. Before the date of the hearing, the President of this Court was advised by the Attorney General of the Cape of Good Hope Provincial

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Rh

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Rh Division that he wished to withdraw the argument which had been filed on his behalf (and on behalf of the State) as he shared the view that the provisions relating to corporal punishment in section 294 of the Act were unconstitutional. Mr. Slabbert, who is a member of the Attorney General's staff, however agreed to present the opposing argument as amicus curiae in accordance with the written argument which had been filed on behalf of the State. We place on record our appreciation to him for having undertaken this task.

Purely for the sake of convenience, I shall refer to the accused as the applicants and to the position adopted by Mr. Slabbert in his argument as that of the State.

Although each of the cases has a history of its own, much is in common. The applicants are all males and they are all juveniles. Three of them, namely, Williams, Koopman and Mampa were each sentenced to suspended prison sentences in addition to the juvenile whipping. The remaining three were sentenced to juvenile whipping only. All the trials had commenced before 27 April 1994; each of the sentences was passed after 27 April 1994.

The Provincial Division became seized of the matters in two ways: all five cases were subject to automatic review in terms of section 302(1)(a) of the Act because of the terms of imprisonment, albeit suspended, imposed on the applicants themselves or on their fellow accused who do not feature in the present proceedings. In addition to this, Mr. A.P. Dippenaar who presided over the case involving Williams, requested that the sentence of strokes be subjected to special review in terms of section 304(4) of the Act. He took this step because he doubted whether juvenile whipping was a permissible punishment in the light of the provisions of the Constitution and in view of the decision in Ex Parte Attorney-General, Namibia: In re Corporal Punishment By Organs of State.

Whether, as a matter of strict law, the Magistrate was correct in deferring the execution of the whipping, is not in issue. He deserves to be commended for treating as a matter of

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356 America. Even the casual reader will be impressed by the close general parallelism between the two halves of the world, and, it is this obvious fact more than anything else, that has stimulated speculative writings upon the subject. Repeated efforts have been made to show that all the higher culture complexes of the New World were brought over from the Old, particularly from China or the Pacific Islands. Most of these writings are merely speculative and may be ignored, but some of the facts we have cited for correspondences to Pacific Island culture have not been satisfactorily explained. Dixon has carefully reviewed this subject, asserting in general that among such traits as blowguns, plank canoes, hammocks, lime chewing, head-hunting cults, the man's house, and certain masked dances common to the New World and the Pacific Islands, there appears the tendency to mass upon the Pacific side of the New World. This gives these traits a semblance of continuous distribution with the Island culture. Yet it should be noted that these traits, as enumerated above, have in reality a sporadic distribution in the New World and that there are exceptions. On the other hand, there is no great a priori improbability that some of these traits did reach the New World from the Pacific Islands. Satisfactory proof of such may yet be attained, but such discoveries would not account for New World culture as a whole. Then there is abundant data to show that the Polynesians are recent arrivals in the Pacific; in fact, Maya culture must have been in its dotage long before they were within striking distance of the American coast.

In the preceding discussions, we found evidences of a certain unity in the fundamentals of culture for all parts of the New World, and unless we find among these some fundamentals that are also conspicuous in the Old World, we need look no farther than the New for their place of origin. The Old World also has its fundamental traits, particularly the ancient cultures of Asia, but so far, few close parallels between these and those of the New have come to light. Again, the originality of many New World traits is apparent when our subject is viewed from the cultural horizon of the Old World. It has

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Rh priority an issue involving fundamental human rights and in particular, the application of the provisions of Chapter 3 of the Constitution. He indeed went further than merely taking the initiative to submit the matter for special review.

A sentence of juvenile whipping in terms of section 294 of the Act is not normally reviewable; the whipping is therefore administered immediately after sentence is passed. There must have been countless instances in the past where courts sitting on appeal or review have had to set aside sentences imposed by trial courts because of irregularities; where those offenders had been sentenced to a juvenile whipping, the punishment would almost invariably have been carried out already. Once a whipping has been administered, as is the case with five of the applicants in this matter, any decision which this Court comes to, will make no practical difference to them for purposes of the present proceedings. Mindful of this, Mr Dippenaar ordered that the sentence of five strokes imposed by him on the applicant Williams should not be carried out until the issue, whether or not the punishment was consistent with the Constitution, had been finally decided by the appropriate court. The concern he displayed is to be welcomed.

Courts do have a role to play in the promotion and development of a new culture "founded on the recognition of human rights," in particular, with regard to those rights which are enshrined in the Constitution. It is a role which demands that a court should be particularly sensitive to the impact which the exercise of judicial functions may have on the rights of individuals who appear before them; vigilance is an integral component of this role, for it is incumbent on structures set up to administer justice to ensure that as far as possible, these rights, particularly of the weakest and the most vulnerable, are defended and not ignored. One of the implications of the new order is that old rules and practices can no longer be taken for granted; they must be subjected to constant re-assessment to bring them

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 surrounded by his clergy, the Anglican prelate made a public and somewhat theatrical protest, "that the Bishop of Rome has not any right or authority, according to the laws of God and the canonical order of the Church, to institute any episcopal or archiepiscopal see or sees within the diocese of Australia and the province of Canterbury." This silly performance produced a little temporary turmoil, and that was all. It did not alter the opinion of the general community in the least, but rather confirmed the majority in the wisdom of their action in placing all denominations, without exception, on an equal footing in the eye of the law. In after years the two Sydney prelates—Roman Catholic and Church of England—entertained laudable feelings of mutual respect and esteem, and contrived to work harmoniously within their respective spheres of action.

It was during the governorship of Sir Richard Bourke that large numbers of free immigrants from Ireland and England commenced to pour into New South Wales, and to remove the hitherto conspicuous convict element into the background of affairs. In other words, the country was emerging from the sullen, chilly gloom of the penal settlement, and advancing rapidly into the bright sunshine of a free state. This happy change in the condition of the colony was reported to the Roman authorities, with the result that Dr. John Bede Folding was delegated and appointed as the first Roman Catholic Bishop of the Australian continent, with Sydney as his cathedral city. He was subsequently elevated to the dignity of Archbishop, and, for the long period of forty-two years, he was a commanding force in the fostering and development of the Australian "Church. And yet so scrupulous was he in avoiding even the 'appearance of offence to his fellow-colonists of other beliefs,

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Rh into line with the provisions of the Constitution.

It was no doubt because of these considerations that Conradie J advised magistrates for their guidance that, pending the decision of this Court, it would be undesirable for sentences of whipping, in terms of section 294 of the Act, to be imposed and that where such sentence had in fact been imposed, it might not be appropriate for it to be carried out until a ruling from the Constitutional Court had been obtained.

When the matter was argued before this Court, it was common cause between the applicants and the State that the provisions in our law which authorise corporal punishment for adults are inconsistent with the Constitution. This consensus of course does not remove those provisions from the statute book; they have not been set aside by a competent body or authority and the relevant legislation has not been repealed. The agreement is, however, an acknowledgement of the effect which the provisions of the Constitution have in forcing a re-assessment of the laws that govern us against the values expressed in the Constitution. The effect is to demarcate the parameters of civilised behaviour, at least at the level of the administration of justice.

Apart from provisions which permit juvenile whipping, the law presently allows whipping as a punishment which may be imposed upon adult males between the ages of 21 and 30 years. This is notwithstanding the fact that over the last thirty years at least, South African jurisprudence has been experiencing a growing unanimity in judicial condemnation of corporal punishment for adults. Criticism of the practice has been consistent and emphatic, it being characterised as "punishment of a particularly severe kind … brutal in its nature … a severe assault upon not only the person of the recipient but upon his dignity as a human being"; "a very severe and humiliating form of punishment"; "‘n uiterste strafvorm"; "‘n erg vernederende en fisies baie pynlike vorm van bestraffing"; "cruel and inhuman

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Rh punishment." This tone of condemnation is to be found, not only in many decisions in this country, but also in other jurisdictions.

If adult whipping were to be abolished, it would simply be an endorsement by our criminal justice system of a world-wide trend to move away from whipping as a punishment. As far back as 1947, the Lansdown Commission of Enquiry, while recommending the retention of corporal punishment in limited form in South Africa, made the point that most civilized countries in the world had abandoned corporal punishment as a method of dealing with crime. The report of the Viljoen Commission, tabled in Parliament in January 1977, also endorsed the view that whipping for adults was a brutal assault, not only on the person of the recipient, but also on his dignity as a human being.

The provisions being challenged, however, relate to juvenile whipping. The State was at pains to point out that there are differences between adult and juvenile whipping. The contention was that corporal punishment was not in itself objectionable, particularly when restricted to male youths; what rendered adult whipping constitutionally unacceptable was the manner in which it was executed. The nub of the enquiry is, however, not the legality or otherwise of adult whipping or how different it is from juvenile whipping. The issue is whether juvenile whipping, on its own merits or demerits, is consistent with the Constitution.

The Act contains a number of related provisions which deal with the infliction of corporal punishment. In so far as juveniles are concerned, no minimum age is fixed in the Act although practice and judicial decisions would seem to have fixed the lower age limit at

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text: S v Williams and Others

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Rh 9 years. A whipping may not be imposed "if it is proved that the existence of some psychoneurotic or psychopathic condition contributed towards the commission of the offence." Section 294(1)(a) provides for whipping to be carried out "by such person and in such place and with such instrument as the court may determine." We were informed that, in practice, a cane is used, but it is significant that the Act leaves this to the discretion of the magistrate. The maximum number of strokes that may be imposed at any one time is seven. Juvenile whipping is inflicted over the buttocks, which must be covered with normal attire and a parent or guardian may be present. No whipping may be carried out unless a district surgeon or an assistant district surgeon has certified that the juvenile "is in a fit state of health to undergo the whipping." Juveniles over the age of 17 years may be sentenced to a whipping in addition to any other sentence, provided that where a sentence of imprisonment is imposed, the whole period must be suspended.

The applicants sought to impugn section 294 of the Act on a number of grounds. It was contended that this provision violated sections 8, 10, 11, and 30 of the Constitution. These provisions are contained in Chapter 3, which is generally referred to as the Chapter on Fundamental Rights.

Section 8(1) of the Constitution guarantees to each person "the right to equality and to

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 In June 1823 he returned to the United States, where he found himself plunged at once into the bitter struggle then in progress for the presidency. His favourite candidate was his personal friend William H. Crawford, whom he regarded as the true heir and representative of the old Jeffersonian principles. With these feelings he consented in May 1824 to stand for the vice-presidency on the Crawford ticket. But Gallatin had come home to new scenes and new actors, and he did not fully appreciate the situation. The contest was bitter, personal, factious and full of intrigue. Martin Van Buren, then in the Crawford interest, came to the conclusion that the candidate for the second place, by his foreign origin, weakened the ticket, and in October Gallatin retired from the contest. The election, undecided by the popular vote, was thrown into the house, and resulted in the choice of John Quincy Adams, who in 1826 drew Gallatin from his retirement and sent him as minister to England to conduct another complicated and arduous negotiation. Gallatin worked at his new task with his usual industry, tact and patience, but the results were meagre, although an open breach on the delicate question of the north-east boundary of the United States was avoided by referring it to the arbitration of the king of the Netherlands. In November 1827 he once more returned to the United States and bade farewell to public life.

Taking up his residence in New York, he was in 1832–1839 president of the National Bank (afterwards the Gallatin Bank) of New York, but his duties were light, and he devoted himself chiefly to the congenial pursuits of science and literature. In both fields he displayed much talent, and by writing his Synopsis of the Indian Tribes within the United States East of the Rocky Mountains and in the British and Russian Possessions in North America (1836), and by founding the American Ethnological Society of New York in 1842, he earned the title of “Father of American Ethnology.” He continued, of course, to interest himself in public affairs, although no longer an active participant, and in all financial questions, especially in regard to the bank charter, the resumption of specie payments, and the panic of 1837, he exerted a powerful influence. The rise of the slavery question touched him nearly. Gallatin had always been a consistent opponent of slavery; he felt keenly, therefore, the attempts of the South to extend the slave power and confirm its existence, and the remnant of his strength was devoted in his last days to writing and distributing two able pamphlets against the war with Mexico. Almost his last public act was a speech, on the 24th of April 1844, in New York City, against the annexation of Texas; and in his eighty-fourth year he confronted a howling New York mob with the same cool, unflinching courage which he had displayed half a century before when he faced the armed frontiersmen of Redstone Old Fort. During the winter of 1848–1849 his health failed, and on the 12th of August 1849, at the home of his daughter in Astoria, Long Island, he passed peacefully away.

Gallatin was twice married. His second wife, whom he married in November 1793, was Miss Hannah Nicholson, of New York, the daughter of Com. James Nicholson (1737–1804), an American naval officer, commander-in-chief of the navy from 1777 until August 1781, when with his ship the “Virginia,” he was taken by the British “Iris” and “General Monk.” By her he had three children, two sons and a daughter, who all survived him. In personal appearance he was above middle height, with strongly-marked features, indicating great strength of intellect and character. He was reserved and very reticent, cold in manner and not sympathetic. There was, too, a certain Calvinistic austerity about him. But he was much beloved by his family. He was never a popular man, nor did he ever have a strong personal following or many attached friends. He stood, with Jefferson and Madison, at the head of his party, and won his place by force of character, courage, application and intellectual power. His eminent and manifold services to his adopted country, his great abilities and upright character, assure him a high position in the history of the United States.

GALLAUDET, THOMAS HOPKINS (1787–1851), American educator of the deaf and dumb, was born in Philadelphia, Pennsylvania, of French Huguenot ancestry, on the 10th of December 1787. He graduated at Yale in 1805, where he was a tutor from 1808 to 1810. Subsequently he studied theology at Andover, and was licensed to preach in 1814, but having determined to abandon the ministry and devote his life to the education of deaf mutes, he visited Europe in 1815–1816, and studied the methods of the abbé Sicard in Paris, and of Thomas Braidwood (1715–1806) and his successor Joseph Watson (1765–1829) in Great Britain. Returning to the United States in 1816, he established at Hartford, Connecticut, with the aid of Laurent Clerc (1785–1869), a deaf mute assistant of the abbé Sicard, a school for deaf mutes, in support of which Congress, largely through the influence of Henry Clay, made a land grant, and which Gallaudet presided over with great success until ill-health compelled him to retire in 1830. It was the first institution of the sort in the United States, and served as a model for institutions which were subsequently established. He died at Hartford, Connecticut, on the 5th of September 1851.

His son, (1822–1902), after graduating at Trinity College in 1842, entered the Protestant Episcopal ministry, settled in New York City, and there in 1852 organized St Anne’s Episcopal church, where he conducted services for deaf mutes. In 1872 he organized and became general manager of the Church mission to deaf mutes, and in 1885 founded the Gallaudet home for deaf mutes, particularly the aged, at Wappingers Falls, near Poughkeepsie, New York.

Another son, (b. 1837), was born at Hartford, Connecticut, on the 3rd of February 1837, and graduated at Trinity College in 1856. After teaching for a year in the institution for deaf mutes founded by his father at Hartford, he removed with his mother, Sophia Fowler Gallaudet (1798–1877), to Washington, D.C., where at the request of Amos Kendall (1789–1869), its founder, he organized and took charge of the Columbia Institution for the deaf and dumb, which received support from the government, and of which he became president. This institution was the first to furnish actual collegiate education for deaf mutes (in 1864 it acquired the right to grant degrees), and was successful from the start. The Gallaudet College (founded in 1864 as the National Deaf Mute College and renamed in 1893 in honour of Thomas H. Gallaudet) and the Kendall School are separate departments of this institution, under independent faculties (each headed by Gallaudet), but under the management of one board of directors.

GALLE, or, a town and port of Ceylon on the south-west coast. It was made a municipality in 1865, and divided into the five districts of the Fort, Callowelle, Galopiadde, Hirimbure and Cumbalwalla. The fort, which is more than a mile in circumference, overlooks the whole harbour, but is commanded by a range of hills. Within its enclosure are not only several government buildings, but an old church erected by the Dutch East India Company, a mosque, a Wesleyan chapel, a hospital, and a considerable number of houses occupied by Europeans. The old Dutch building known as the queen’s house, or governor’s residence, which dated from 1687, was in such a dilapidated state that it was sold by the governor, Sir William Gregory, in 1873. Elsewhere there are few buildings of individual note, but the general style of domestic architecture is pleasant and comfortable, though not pretentious. One of the most delightful features of the place is the profusion of trees, even within the town, and along the edge of the shore—suriyas, palms, coco-nut trees and bread-fruit trees. The ramparts towards the sea furnish fine promenades. In the harbour deep water is found close to the shore, and the outer roads are spacious; but the south-west

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Rh 7 equal protection of the law." Section 8(2) prohibits unfair discrimination on grounds which include race, gender, sex, colour, and age; according to section 8(4), "[p]rima facie proof of discrimination on any of the grounds specified … shall be presumed to be sufficient proof of unfair discrimination … until the contrary is established." Applicants argued that the provisions of section 294 of the Act discriminated unfairly against male juveniles on grounds of age and sex and, in the context of South Africa's unjust and unequal past, their application was susceptible to racial bias.

Section 10, for its part, guarantees to every person "the right to respect for and protection of his or her dignity." The proposition advanced was that the circumstances under which juvenile whipping is administered, including the fact that it involves the intentional infliction of physical pain on the juvenile by a stranger at the instance of the State, are incompatible with respect for and the protection of the dignity of the person being punished. It was contended that this was a violation of the dignity of both the minor as well as that of the person administering the whipping.

The provisions of section 30 of the Constitution are designed to protect children. It was argued that inasmuch as the Constitution recognises the vulnerability of children as a group and sets out to protect them, juvenile whipping infringed their right to security and not to be subjected to abuse.

Much of applicants' argument was, understandably enough, devoted to the alleged violation of section 11(2) of the Constitution. As the heading indicates, this section deals with "[f]reedom and security of the person" and the subsection provides that "[n]o person shall be subject to torture of any kind, whether physical, mental or emotional, nor shall any person be subject to cruel, inhuman or degrading treatment or punishment." This is the only provision, among those relied upon by the applicants, that expressly refers to punishment. I propose to deal with the impact, if any, of sections 10 and 11(2) of the Constitution on the conduct which is prescribed by section 294 of the Act.

It is clear that when the words of section 11(2) of the Constitution are read disjunctively,

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16 opinion, hence Isaiah says, "When the Lord hath performed his whole work upon mount Zion and on Jerusalem, (then) I will punish the fruit of the stout heart of the king of Assyria, and the glory of his high looks." And was it not so? Open the historical records of that age, was not Israel carried into captivity B. C. 606, Judah B. C. 588, and the stout heart of the heathen monarchy not punished until B. C. 536, fifty-two years after Judah's, and seventy years after Israel's captivity, when it was overthrown by Cyrus, king of Persia? Hence, too, the apostle Peter says, "judgment must begin at the house of God." Surely this would not be the case, if the professors of religion were not most worthy of blame.

But it may be asked, why are they most culpable? I will tell you, my friends. It is because sin is imputed to us just in proportion to the spiritual light we receive. Thus the prophet Amos says, in the name of Jehovah, "You only have I known of all the families of the earth: therefore I will punish you for all your iniquities." Hear too the doctrine of our Lord on this important subject; "The servant who knew his Lord's will and prepared not himself, neither did according to his will, shall be beaten with many stripes:" and why? "For unto whomsoever much is given, of him shall much be required; and to whom men have committed much, of him they will ask the more." Oh! then that the Christians of the south would ponder these things in their hearts, and awake to the vast responsibilities which rest upon them at this important crisis.

I have thus, I think, clearly proved to you seven propositions, viz.: First, that slavery is contrary to the declaration of our independence. Second, that it is contrary to the first charter of human rights given to Adam, and renewed to Noah. Third, that the fact of slavery having been the subject of prophecy, furnishes no excuse whatever to slavedealers. Fourth, that no such system existed under the patriarchal dispensation. Fifth, that slavery never existed under the Jewish dispensation; but so far otherwise, that every servant was placed under the protection of law, and care taken not only to prevent all involuntary servitude, but all voluntary perpetual bondage. Sixth, that slavery in America reduces a man to a thing, a "chattel personal," robs him of all his rights as a human being, fetters both his mind and body, and protects the master in the most unnatural and unreasonable power, whilst it throws him out of the protection of law. Seventh, that slavery is contrary to the example and precepts of our holy and merciful Redeemer, and of his apostles.

But perhaps you will be ready to query, why appeal to women on this subject? We do not make the laws which perpetuate slavery. No legislative power is vested in us; we can do nothing to overthrow the system, even if we wished to do so. To this I reply, I know you do not make the laws, but I also know that you are the wives and mothers, the sisters and daughters of those who do; and if you really suppose you can do nothing to overthrow slavery, you are greatly mistaken. You can do much in every way: four things I will name. lst. You can read on this subject. 2d. You can pray over this


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12 like flowers in their gardens, but they crown no achievement. At the end, no cause is advanced, no goal is won. This incoherence and inefficiency proceed from the absence of any definite scheme of life, any compacted system of thought, any central principles, any strong, pervading, and ordering personality.

In the same way the objectivity of Landor's work, its naturalism as distinguished from imaginativeness, results from the same cause, but with the difference that, while the faults already mentioned are largely due to an imperfect equipment of the mind, his mode of art seems to have been adopted by conscious choice and of set purpose. The opinion of those who look on naturalism as a virtue in art is deserving of respect. We have been admonished for a long while that men should see things as they are, and present them as they are, and that this was the Greek way. The dictum, when applied with the meaning that men should be free from prejudice and impartial in judgment, no one would contest; but when it is proclaimed with the meaning that poets should express ideas nakedly, and should reproduce objects by portraiture, there is excuse for


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Rh raising some question. No doubt, this was in general the practice of the ancients. The Athenians were primarily intellectual, the Romans unimaginative. But by the operation of various causes—the chief of which are the importance bestowed on the individual and the impulse given to emotion by the Christian religion—mankind has changed somewhat; and therefore the methods of appeal to men, the ways of touching their hearts and enlightening their minds, have been modified. In literature this change is expressed by saying that the romantic manner has, in general, superseded the classical. The romantic manner aims at truth no less than the classical; it sets forth things as they are no less completely and clearly. The difference is rather one of methods than of aims. The classical poet usually perceives the object by his intellect, and makes his appeal to the mind; the romantic poet seizes on the object with his imagination, and makes his appeal to the heart. Not that classical work is without imagination, or romantic work devoid of intellectuality; but that in one the intellect counts for more, in the other imagination. The classical poet, having once presented ideas and objects,


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14 leaves them to make their way; the romantic poet not only presents them, but, by awakening the feelings, predisposes the mood of the mind, makes their reception by the mind easier, wins their way for them. In classical work, consequently, success depends mainly on lucidity of understanding, clearness of vision, skill in verbal expression; in romantic work, the poet must not only possess these qualities, but must superadd, as his prime characteristic, rightness, one might better say sanity, of passion. The classical virtues are more common among authors, the romantic far more rare; and hence error in the romantic manner is more frequent, especially in dealing with ideas. But with all its liability to mistake in weak hands, romantic art, by its higher range, its fiercer intensity, especially by its greater certainty, has, in the hands of a master, a clear increase of power over classical art, and under the changed conditions of civilization its resources are not to be lightly neglected. Indeed, one who voluntarily adopts the classical manner as an exclusive mode seems to choose an instrument of less compass and melody, to prefer Greek to modern music. He sings to a secluded and narrow circle,


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Rh as they should be, the provision refers to seven distinct modes of conduct, namely: torture; cruel treatment; inhuman treatment; degrading treatment; cruel punishment; inhuman punishment and degrading punishment.

In common with many of the rights entrenched in the Constitution, the wording of this section conforms to a large extent with most international human rights instruments. Generally, the right is guaranteed in absolute, non-derogable and unqualified terms; justification in those instances is not possible.

The interpretation of the concepts contained in section 11(2) of the Constitution involves the making of a value judgment which "requires objectively to be articulated and identified, regard being had to the contemporary norms, aspirations, expectations and sensitivities of the … people as expressed in its national institutions and its Constitution, and further having regard to the emerging consensus of values in the civilised international community …"

While our ultimate definition of these concepts must necessarily reflect our own experience and contemporary circumstances as the South African community, there is no disputing that valuable insights may be gained from the manner in which the concepts are dealt with in public international law as well as in foreign case law.

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Rh The Oxford English Dictionary defines 'cruel' as "causing or inflicting pain without pity," 'inhuman' as "destitute of natural kindness or pity, brutal, unfeeling, savage, barbarous" and 'degrading' as "lowering in character or quality, moral or intellectual debasement." In South African case law, definitions of 'cruel,' with regard to treatment or punishment are rare. The phrase "cruel treatment" has been used in the context of abuse of animals and has been described variously as "wilfully caus[ing] pain without justification … intention of causing it unnecessary suffering;" "deliberate act causing substantial pain and not reasonably necessary in all the circumstances."

Whether it is necessary to split the words of the phrase and interpret the concepts individually is a matter which would largely depend on the nature of the conduct sought to be impugned. It may well be that in a given case, conduct that is degrading may not be inhuman or cruel. On the other hand, other conduct may be all three. It was suggested to us that a useful approach might be to grade the concepts on a sliding scale of suffering inflicted, torture occupying the extreme position, followed by cruel, inhuman and degrading, in that order.

International forums offer very little guidance with regard to the meaning to be given to each word, individually. The tendency has been to deal with them as phrases or a combination of words. Thus when the United Nations Human Rights Committee (UNHRC) was called upon to interpret the corresponding section in the International Covenant on Civil and Political Rights (ICCPR), it did not consider "it necessary to draw up a list of prohibited acts or to establish sharp distinctions between the different kinds of punishment or treatment; the distinctions depend on the nature, purpose and severity of the treatment applied." According to the UNHRC, the assessment of what constitutes inhuman or degrading treatment depends on all the circumstances of the case, such as the duration and manner of the treatment, its physical or mental effects as well as the sex, age and state of

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text: 1911 Encyclopædia Britannica/Gallenga, Antonio Carlo Napoleone


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Rh and loses the ear of the world. Certainly Landor made this choice, and by it he must stand.

Let us take an example from the best of Landor's work, and from that region of classical art where it is wholly competent,—the brief description of small objects:—

How completely, how distinctly, the image is given,—its form, its transparent purity, its fragile and trembling gold! How free from any other than a strictly artistic charm! And yet how different is its method of appeal from Shelley's

from Shakespeare's

Or, to select an illustration, also of Landor's best, when the image, no less objective, yields of itself an infinite suggestion:—


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1922 Encyclopædia Britannica/Wrangel, Peter Nicholaievich, Baron

WRANGEL, PETER NICHOLAIEVICH, (1879-), Russian general, was born in Petrograd in 1879, the eldest son of an impoverished Baltic nobleman of Swedish descent. His father, Baron Nicholas Igorevich, held an important post in the International Bank, at Petrograd. At the age of 20 Wrangel entered the Mining Institute at Petrograd and finished its course brilliantly. He served as private in the Horse Guards for one year. Leaving the regiment with the rank of N.C.O. he went to Siberia and worked there as a mining engineer until the Russo-Japanese War. At the beginning of that war he joined the Trans-Baikal Cossack Regt., which he left at the end of hostilities with the rank of captain. He retained his rank in the Horse Guards, which he rejoined after the war, thus devoting his life to the military profession. At the beginning of the World War he was in command of a squadron, but was soon promoted colonel, received the St. George Cross and was made A.D.C. to the Tsar. In 1915 he was appointed commander of a Cossack regiment at the Galician front. Later he rose to the command of a Cossack division. Wrangel was among the first officers who joined Gen. Kaledin in his fight against the Bolsheviks, and after Kaledin's suicide he took part in the organization and struggle of the volunteer army under Alexeyev and Denikin, and distinguished himself especially by the defence of Tsaritsyn. After the disastrous retreat of Gen. Denikin, from Orel to the Black Sea, Wrangel was appointed on April 4 1920 commander of the volunteer army. Men and officers of the army were demoralized, and the lack of munitions and food supplies made the situation almost desperate. Fortunately for Wrangel, the Bolsheviks considered the volunteer army to be out of action, and they had to send a large part of their forces against the Poles who were approaching Kiev. This made it possible for Wrangel to attempt the reconstruction of the southern army; and for some time his attempt was successful. His nomination to the post of commander-in-chief corresponded with the attempt of Mr. Lloyd George to induce the volunteer army to begin peace negotiations with Soviet Russia. In a note to this effect the volunteers were warned that, in case of refusal, they would be deprived of all British support; this note was handed to Gen. Denikin on April 4, and seems to have been one of the chief causes of his resignation. Replying to this proposition Wrangel refused to enter into direct negotiations with the Bolsheviks, and asked the Allies to guarantee the life and safety of his troops and of the refugees under his protection. These negotiations proved eventually a failure. In the meantime Wrangel did his best for the reorganization of the army and the administration. A Council was formed which continued the work of Denikin's Government. Krivochin was nominated president of the council; Peter Struve received the portfolio of Foreign Affairs, Bernadsky that of Finance. The Government was modelled on the basis of personal dictatorship. In the “Statute” published on April 14 it was proclaimed that the “Ruler and Commander-in-Chief of the armed forces of South Russia holds full military and civil power without any limitation whatever.” It was intended that this temporary dictatorship should lead in the future to the reconstruction of Russia. The main points of Wrangel's programme were outlined by Struve in an interview to the representative of an English paper in the following way:—

The reorganization of the army by conscription proceeded successfully, and the events of the Polish front as well as the shortage of food in Crimea obliged Wrangel to try a new offensive. On May 25 he began an advance on the whole front, combined with landings on the coast to the east and west, which resulted in a series of defeats for the Bolsheviks. The whole of the fertile corn lands of the Taurida Province were occupied, and the position of the army was greatly strengthened. At the end of June the new line of the front passed approximately through Berdyansk (Sea of Azov), Tokmak (Sevastopol-Kharkov railway), Alioshki (on the Dnieper, near Kherson). The front of 30 km. had been extended to one of 250 kilometres.

With the defeat of Poland Mr. Lloyd George renewed his proposals as to settlement with the Bolsheviks at the conference of Spa. On the contrary, on Aug. 11 the French Government issued a statement which declared, “that taking into consideration the military successes and the growing strength of the Soviet Republican Government” it was recognized by France as the de facto Government of Russia under the obligation of recognition of Russian debts, and the promise to follow a democratic policy with regard to domestic affairs.

Wrangel and his Government tried to follow these advices in spite of the opposition of a section of the Russian society. But the heavy hand of the military dictatorship made itself often-felt in spite of the democratic programme. For example, in his order of Oct. 3 Wrangel prohibited all “public speeches, sermons, lectures and conferences tending to arouse political or national disorder.” His relations with the Caucasus, Ukraine, Poland and other territories, which had been parts of the Russian Empire before the revolution, were of vital importance for the success of the undertaking. The principle of federation was proclaimed and resulted in the agreement of July 22 (Aug. 4) between Wrangel on the one side and the Atamans of Don, Kuban, Terek and Astrakhan on the other. Complete self-government was granted to the Cossacks in their internal organization and administration, but the direction of foreign relations and of military affairs was reserved for the Commander-in-Chief. A delegation of the Paris Ukrainian National Committee was received by Wrangel at Sevastopol on Sept. 23, and established coöperation of the non-separatist Ukrainians with Wrangel. In order to facilitate the organization of a special Ukrainian administration and the formation of Ukrainian military units, a Commissioner for Ukrainian affairs was appointed in Wrangel's Government with the rank of Minister. Wrangel was also recognized as the supreme chief of the anti-Bolshevik movement by the leader of the Siberian Cossacks, Ataman Semenoff, and the chiefs of different independent guerilla units acting in the south of Russia, the best known of whom is Makhno. Wrangel successfully repulsed all Bolshevik attacks until the end of Oct., and even found it possible to extend the area of his occupation. An official communiqué at the end of Oct. reports “that between May 25th and October 25th the Russian army had captured 70,500 prisoners, 250 guns, 17 armoured trains, 21 armoured cars, hundreds of horses, and considerable amount of other booty.” But these successes were only of a short duration. Peace with Poland had freed considerable Bolshevik forces, which were transferred to the southern front against Wrangel. The small

army numbering 45,000 trained soldiers was unable to defend a front of 400 km. against the overwhelming number of Bolsheviks, well provided with heavy artillery and unlimited munitions. The isthmus of Perikop had to be abandoned in consequence of a turning movement by the Reds across the “Putrid Sea.” On Nov. 15 Sevastopol was occupied by the Bolsheviks.

The evacuation of the army and of thousands of refugees was carried out in good order under the personal supervision of Wrangel, who was the last to leave on board the “Korniloff.” A total of 130,000 people were evacuated, of whom 70,000 were soldiers (30,000 fighting men, and 40,000 from the rear), about 7,600 wounded, the rest being civilians. One hundred and fifty million fr. were advanced by the French Government for the relief of the arrriy and refugees, who were in the most awful condition. The refugees were sent to Lemnos, to Egypt and to Yugoslavia.

Wrangel hoped that the evacuation would enable him to keep his army together as a fighting unit to be used at the first opportunity against the Bolsheviks. The excellent discipline and gallantry of the troops and their devotion to their chief favoured such a plan; but it could not be effected without the support of the Allies, and this resource proved to be exhausted.

The French Government, which had done most for the forces in the Crimea, was unwilling to continue a policy which it considered hopeless. M. Leygues, the successor of M. Millerand as prime minister, demanded categorically the disbandment of Wrangel's army, and the General was directed to announce to the troops that he was not their chief any more and that they were free to disband. About 10,000 were “repatriated” to Soviet Russia, about 12,000 accommodated in Serbia and Brazil. The best part of the army kept together in the camp of Gallipoli in their regimental formations, maintaining according to the testimony of foreign officers excellent discipline and sturdy spirit. The problem as to what was to be done with these picked troops was still unsolved in the winter of 1921. France had withdrawn her support; Serbia had taken over 5,000 cavalry to serve as frontier guards; the rest were expecting assistance from Russian institutions abroad, such as the Russian embassies in Washington and Tokio, and from the intervention of the League of Nations. (Author:Paul Vinogradoff)


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 i. 47–9). Thomas Martyn, in his preface to the new edition of Harris's ‘Natural System of Colours,’ 1811, speaks of him as being ‘nearly thirty years deceased;’ but according to Graves's ‘Dictionary of Artists,’ p. 108, he had exhibited a frame of English insects at the Royal Academy in 1785.

 HARRIS, PAUL (1573–1635?), catholic divine, although often assumed to be an Irishman, distinctly states that he was a native of England (Ἀρκτόμαστιξ, p. 119). He became a secular priest of the Roman catholic church, and lived for many years in Dublin, where he was rector of a seminary for boys. He engaged in several acrimonious disputes with the Franciscans. It was alleged that Thomas Fleming [q. v.], archbishop of Dublin, himself a Franciscan, had formed the design of displacing the secular priests in order to introduce Franciscan friars into the parishes of his diocese. The seculars vehemently opposed the scheme, and Harris, being more active than the rest, and a man of great spirit, incurred the censure of excommunication from the archbishop, who eventually procured an order from Rome for his banishment out of the diocese of Dublin. The date of his death is unknown, but he says that he was sixty years old when he published his Ἀρκτόμαστιξ in 1633.

His works, all of which were probably printed in Dublin, are: 1. A book against Archbishop Ussher's sermon preached at Wansted before James I. 2. ‘The Excommunication published by the L. Archbishop of Dublin, Thomas Flemming, alias Barnwell, Friar of the Order of S. Francis, against the inhabitants of the Diocese of Dublin, for hearing the Masses of Peter Caddell, d. of divinity, and Paul Harris, Priests, is proved not only unjust, but of no Validity, and consequently binding to no obedience. In which Treatise is discovered that impious plot … of the aforesaid Archbishop and his Friars in supplanting the Pastors and Priests of the Clergy, thereby to bring all into the hands of the Friars,’ 1632, 4to, pp. 112; 2nd edit. 1633. 3. ‘Ἀρκτόμαστιξ, sive Edmundus Ursulanus, propter usurpatum Judicium de tribunali dejectus, et propter libellum famosum in Judicium vocatus,’ 1633, 4to, pp. 120. This is a reply to Francis Matthews, a friar, who in 1631, under the pseudonym of Edmundus Ursulanus, published ‘Examen Juridicum Censuræ Facultatis Theologicæ Parisiensis, et ejusdem Civitatis Archiepiscopi latæ circa quasdam propositiones Regularibus Regni Hiberniæ falso impositas.’ Ἀρκτόμαστιξ means a scourge for the bear, and has reference to the pseudonym Ursulanus. 4. ‘Fratres sobrii estote, 1 Pet. 5, 8. Or an Admonition to the Fryars of this kingdome of Ireland to abandon such hereticall doctrines as they daylie publish,’ 1634, 4to. 5. ‘Exile exiled. Occasioned by a Mandat from Rome procured by Thomas Flemming, alias Barnwell, archbishop of Dublin, and friar of the Order of St. Francis, from the congregation of the cardinalls de propagandâ fide, for the banishment of Paul Harris out of the diocesse of Dublin,’ 1635, 4to.

 HARRIS, RENATUS or RÉNÉ, the elder (1640?–1715?), organ-builder, according to Burney came from France with his father about 1660. Thomas Harris, his grandfather, however, was known in England as an organ-builder apparently at an earlier date, and built an organ for Magdalen College Chapel, Oxford. A Thomas Harris of New Sarum, possibly the father of Renatus, agreed to build an organ for Worcester Cathedral, 5 July 1666. On the death of Ralph Dallam in August or September 1673 (see his will in the Registers of the Archdeaconry of London), Renatus, whose father died at about the same time, found his only important rival in ‘Father Smith’ (Bernhardt Schmidt). The competition between these two organ-builders culminated in the famous contest over the Temple Church organ in 1684 (cf., History of the Organ, p. 105; , Few Notes on the Temple Organ). After May 1684 Smith and Harris both erected organs in the Temple church, and exhibited the good points of their instruments, Blow and Purcell performing upon Smith's organ, and Draghi upon Harris's. The contest lasted a year. New reed stops were added at intervals, and each builder challenged his rival to make further improvements. In this way the vox humana, cremorne, and double bassoon stops were heard for the first time by the public. The dispute was at length decided in favour of Smith's organ, the other, by Harris, being adjudged ‘discernably low and weak’ for the church. Harris suffered no loss of prestige by this defeat. ‘Now began the setting up of organs in the chiefest parishes of the city of London,’ wrote Tudway (see, iii. 693), ‘when for the most part Harris had the advantage of F. Smith, making, I be-