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 his first Chart to navigators, with his new Rio, his "Fair way to Rio," as he afterwards delighted to call it, they doubted, hesitated, declined.

The new route was precisely that which all had been taught to avoid. And here it may be proper to state, for the clear understanding of this sea matter, which involves much, that the promontory Cape St. Roque, the most eastern projection of the coast of the South American Continent, divides the waters of the great Equatorial current flowing westward, turning one branch to the Caribbean Sea, the other to the South Atlantic, while the general trade winds from that Zone blow from the south-east. Sea captains, therefore, have inferred, that if, on the passage from the North to the South Atlantic, a ship should fall to leeward of the Cape, she would be unable to beat around it. And this opinion was confirmed by the results of the common practice of tacking to the eastward, even when still far from the Cape, whenever there appeared the slightest chance of lacking margin to pass. In all such cases, voyages were prolonged, in some instances, to double the usual time. Hence to avoid this danger, they crossed the equator further east than was necessary, and in doing so doing not unfrequently exchanged Scylla for


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Rh would stand with the Laws in Force, and did not tend to change or alter any Statute then in being, in such Case the Law was compleat by the Royal Assent on the Parliament Roll, without any Entry on the Statute Roll: And such Bills were usually termed Ordinances, being such as might at any Time be amended by the Parliament without any Statute; whereas one Statute could not be altered but by another: And this Distinction is clearly expressed in the Rolls here-under cited.

When the Commons had obtained Answers to their Petitions, such as were granted were framed into Acts, and frequently passed, without their Concurrence or Inspection. And their Assent, though an undoubted Right, was so far from being indisputably established in Practice, that we find it disputed in the most essential Points, and arbitrarily over-ruled during the Reigns of Edward III. and Richard II. Never-

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


text:
Perry v. Perez

(Slip Opinion) Cite as: 565 U.S. ____ (2012)

Per Curiam

NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

SUPREME COURT OF THE UNITED STATES

Nos. 11–713, 11–714 and 11–715

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–713

v. SHANNON PEREZ, ET AL

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–714

v. WENDY DAVIS, ET AL.

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–715

v. SHANNON PEREZ, ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

[January 20, 2012]

PER CURIAM.

The 2010 census showed an enormous increase in Texas' population, with over four million new residents. That growth required the State to redraw its electoral districts for the United States Congress, the State Senate, and the State House of Representatives, in order to comply with the Constitution's one-person, one-vote rule. See Georgia v. Ashcroft, 539 U.S. 461, 488, n. 2 (2003). The State also had to create new districts for the four additional congres-

sional seats it received.

Texas is a "covered jurisdiction" under Section 5 of the Voting Rights Act of 1965. See 79 Stat. 439, 42 U.S.C. §1973c(a); 28 CFR pt. 51, App. (2011). Section 5 suspends all changes to a covered jurisdiction's election procedures, including district lines, until those changes are submitted to and approved by a three-judge United States District Court for the District of Columbia, or the Attorney General. See Northwest Austin Municipal Util. Dist. No. One v. Holder, 557 U.S. 193, 198 (2009). This process, known as preclearance, requires the covered jurisdiction to demonstrate that its proposed change "neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color." §1973c(a). This Court has been emphatic that a new electoral map cannot be used to conduct an election until it has been precleared. See, e.g., Clark v. Roemer, 500 U. S. 646, 652 (1991).

The day after completing its new electoral plans, Texas submitted them to the United States District Court for the District of Columbia for preclearance. The preclearance process remains ongoing. Texas was unsuccessful in its bid for summary judgment, and a trial is scheduled in the coming weeks. Meanwhile, various plaintiffs—appellees here—brought suit in Texas, claiming that the State's newly enacted plans violate the United States Constitution and §2 of the Voting Rights Act. Appellees alleged, inter alia, that Texas' enacted plans discriminate against Latinos and African-Americans and dilute their voting strength, notwithstanding the fact that Latinos and African-Americans accounted for three-quarters of Texas'

$1$Section 2 prohibits "any State or political subdivision" from imposing any electoral practice "which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color." 42 U.S.C. §1973(a).

population growth since 2000. A three-judge panel of the United States District Court for the Western District of Texas was convened. See 28 U.S.C. §2284. That court heard argument and held a trial with respect to the plaintiffs' claims, but withheld judgment pending resolution of the preclearance process in the D. C. court. Cf. Branch v. Smith, 538 U.S. 254, 283–285 (2003) (KENNEDY, J., concurring).

As Texas' 2012 primaries approached, it became increasingly likely that the State's newly enacted plans would not receive preclearance in time for the 2012 elections. And the State's old district lines could not be used, because population growth had rendered them inconsistent with the Constitution's one-person, one-vote requirement. It thus fell to the District Court in Texas to devise interim plans for the State's 2012 primaries and elections. See Connor v. Finch, 431 U.S. 407, 414–415 (1977). After receiving proposals from the parties and holding extensive hearings, that court issued its interim plans. The court unanimously agreed on an interim State Senate plan, but Judge Smith dissented with respect to the congressional and State House plans. Texas asked this Court to stay the interim plans pending an appeal, arguing that they were unnecessarily inconsistent with the State's enacted plans. This Court granted the stay and noted probable jurisdiction. 565 U.S. ___ (2011).

Redistricting is "primarily the duty and responsibility of the State." Chapman v. Meier, 420 U.S. 1, 27 (1975). The failure of a State's newly enacted plan to gain preclearance prior to an upcoming election does not, by itself, require a court to take up the state legislature's task. That is because, in most circumstances, the State's last enacted plan simply remains in effect until the new plan receives preclearance. But if an intervening event—most commonly, as here, a census—renders the current plan unusable, a court must undertake the "unwelcome obliga-

tion" of creating an interim plan. Connor, supra, at 415. Even then, the plan already in effect may give sufficient structure to the court's endeavor. Where shifts in a State's population have been relatively small, a court may need to make only minor or obvious adjustments to the State's existing districts in order to devise an interim plan.

But here the scale of Texas' population growth appears to require sweeping changes to the State's current districts. In areas where population shifts are so large that no semblance of the existing plan's district lines can be used, that plan offers little guidance to a court drawing an interim map. The problem is perhaps most obvious in adding new congressional districts: The old plan gives no suggestion as to where those new districts should be placed. In addition, experience has shown the difficulty of defining neutral legal principles in this area, for redistricting ordinarily involves criteria and standards that have been weighed and evaluated by the elected branches in the exercise of their political judgment. See, e.g., Miller v. Johnson, 515 U.S. 900, 915–916 (1995); White v. Weiser, 412 U.S. 783, 795–796 (1973). Thus, if the old state districts were the only source to which a district court could look, it would be forced to make the sort of policy judgments for which courts are, at best, ill suited.

To avoid being compelled to make such otherwise standardless decisions, a district court should take guidance from the State's recently enacted plan in drafting an interim plan. That plan reflects the State's policy judgments on where to place new districts and how to shift existing ones in response to massive population growth. This Court has observed before that "faced with the necessity of drawing district lines by judicial order, a court, as a general rule, should be guided by the legislative policies underlying" a state plan—even one that was itself unenforceable—"to the extent those policies do not lead to violations of the Constitution or the Voting Rights Act."

Abrams v. Johnson, 521 U.S. 74, 79 (1997) (holding that the District Court properly declined to defer to a precleared plan that used race as a predominant factor). For example, in White, supra, an equal population challenge, this Court reversed a District Court's choice of interim plan, and required the District Court to choose a plan more closely resembling an enacted state plan, even though the state plan itself had been held to violate the one-person, one-vote principle. Similarly, in Upham v. Seamon, although the state plan as a whole had been denied §5 preclearance, this Court directed a District Court to "defer to the legislative judgments the [state] plans reflect," insofar as they involved districts found to meet the preclearance standard. 456 U.S. 37, 40–41 (1982) (per curiam). See also Whitcomb v. Chavis, 403 U.S. 124, 160–161 (1971) (equal protection challenge).

Section 5 prevents a state plan from being implemented if it has not been precleared. But that does not mean that the plan is of no account or that the policy judgments it reflects can be disregarded by a district court drawing an interim plan. On the contrary, the state plan serves as a starting point for the district court. It provides important guidance that helps ensure that the district court appropriately confines itself to drawing interim maps that comply with the Constitution and the Voting Rights Act, without displacing legitimate state policy judgments with the court's own preferences.

A district court making such use of a State's plan must, of course, take care not to incorporate into the interim plan any legal defects in the state plan. See Abrams, supra, at 85–86; White, supra, at 797. Where a State's plan faces challenges under the Constitution or §2 of the Voting Rights Act, a district court should still be guided by that plan, except to the extent those legal challenges are shown to have a likelihood of success on the merits. Plaintiffs seeking a preliminary injunction of a statute must

normally demonstrate that they are likely to succeed on the merits of their challenge to that law. See Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20 (2008). There is no reason that plaintiffs seeking to defeat the policies behind a State's redistricting legislation should not also have to meet that standard. And because the local district court—here, the District Court for the Western District of Texas—will ultimately decide the merits of claims under §2 and the Constitution, it is well equipped to apply that familiar standard.

The calculus with respect to §5 challenges is somewhat different. Where a State has sought preclearance in the District Court for the District of Columbia, §5 allows only that court to determine whether the state plan complieswith §5. Consistent with that design, we have made clear that other district courts may not address the merits of §5 challenges. See, e.g., Perkins v. Matthews, 400 U.S. 379, 385 (1971). The local district court drafting an interim plan must therefore be careful not to prejudge the merits of the preclearance proceedings. The court should presume neither that a State's effort to preclear its plan will succeed nor that it will fail.

The need to avoid prejudging the merits of preclearance is satisfied by taking guidance from a State's policy judgments unless they reflect aspects of the state plan that stand a reasonable probability of failing to gain §5 preclearance. And by "reasonable probability" this Court means in this context that the §5 challenge is not insubstantial. That standard ensures that a district court is not deprived of important guidance provided by a state plan due to §5 challenges that have no reasonable probability of success but still respects the jurisdiction and prerogative of those responsible for the preclearance determination. And the reasonable probability standard adequately balances the unique preclearance scheme with the State's sovereignty and a district court's need for policy guidance

in constructing an interim map. This Court recently noted the "serious constitutional questions" raised by §5's intrusion on state sovereignty. Northwest Austin, 557 U.S., at 204. Those concerns would only be exacerbated if §5 required a district court to wholly ignore the State's policies in drawing maps that will govern a State's elections, without any reason to believe those state policies are unlawful.

Appellees, however, contend that §5 demands exactly that. In their view, this Court's precedents require district courts to ignore any state plan that has not received §5 preclearance. But the cases upon which appellees rely hold only that a district court may not adopt an unprecleared plan as its own. See Lopez v. Monterey County, 519 U.S. 9 (1996); McDaniel v. Sanchez, 452 U.S. 130 (1981). They say nothing about whether a district court may take guidance from the lawful policies incorporated in such a plan for aid in drawing an interim map. Indeed, in Upham this Court ordered a District Court to defer to the unobjectionable aspects of a State's plan even though that plan had already been denied preclearance.

In this case, the District Court stated that it had "giv[en] effect to as much of the policy judgments in the Legislature's enacted map as possible." 1 App. 182. At the same time, however, the court said that it was required to draw an "independent map" following "neutral principles that advance the interest of the collective public good." Id., at 169–170. In the court's view, it "was not required to give any deference to the Legislature's enacted plan," and it instead applied principles that it determined "place the interests of the citizens of Texas first." Id., at 171. To the extent the District Court exceeded its mission to draw interim maps that do not violate the Constitution or the Voting Rights Act, and substituted its own concept of "the collective public good" for the Texas Legislature's determination of which policies serve "the interests of the

citizens of Texas," the court erred.

In proclaiming its ability to draw an interim map "without regard to political considerations," the District Court relied heavily on Balderas v. Texas, No. 6:01cv158, 2001 U.S. Dist. LEXIS 25740 (ED Tex., Nov. 14, 2001) (per curiam), summarily aff’d, 536 U.S. 919 (2002). 1 App. 182. But in Balderas there was no recently enacted state plan to which the District Court could turn. Without the benefit of legislative guidance in making distinctly legislative policy judgments, the Balderas court was perhaps compelled to design an interim map based on its own notion of the public good. Because the District Court here had the benefit of a recently enacted plan to assist it, the court had neither the need nor the license to cast aside that vital aid.

Some specific aspects of the District Court's plans seem to pay adequate attention to the State's policies, others do not, and the propriety of still others is unclear. For example, in drawing State House districts in North and East Texas, the District Court closely followed the State's policies. See 1 App. 173; 5 id., at 25–26. Although Texas' entire State House plan is challenged in the §5 proceedings, there is apparently no serious allegation that the district lines in North and East Texas have a discriminatory intent or effect. 1 id., at 187, n. 4. The District Court was thus correct to take guidance from the State's plan in drawing the interim map for those regions. But the court then altered those districts to achieve de minimis population variations—even though there was no claim that the population variations in those districts were unlawful. Id., at 171, and n. 8. In the absence of any legal flaw in this respect in the State's plan, the District Court had no basis to modify that plan.

$2$This Court has stated that court-drawn maps are held to a higher standard of acceptable population variation than legislatively enacted

The District Court also erred in refusing to split voting precincts (called "voter tabulation districts" in Texas) in drawing the interim plans. Id., at 90, 102–103. That choice alone prevented the District Court from following the lead of Texas' enacted plan—which freely splits precincts—in many areas where there were no legal challenges to the plan's details. See id., at 102–103, 116, n. 24. The District Court was apparently motivated by a well-intentioned desire to save Texas the time and expense of reconfiguring precincts, and to ensure that the court's interim plan could be implemented in time for the upcoming election. Id., at 90, 102–103, 109. But the State's plan accepted the costs of splitting precincts in order to accomplish other goals, and Texas law expressly allows recasting precincts when redistricting. See Tex. Elec. Code Ann. §42.032 (West 2010). If a State has chosen to accept the burden of changing its precincts, and its decision to do so is otherwise lawful, there is no warrant for a district court to ignore the State's decision. Of course, in this case it may well be that Texas will reexamine this issue in light of the exigencies caused by the impending election.

The District Court also appears to have unnecessarily ignored the State's plans in drawing certain individual districts. For example, the District Court drew an interim District 77 that resembles neither the State's newly enacted plan, nor the previous plan in effect prior to the 2010 census. The court said that it did so in response to alleged constitutional violations. 1 App. 174–175. But the court did not say that those allegations were plausible, much less likely to succeed. Nor did the District Court rely on a finding that the relevant aspects of the state plan stood a

maps. See, e.g., Abrams v. Johnson, 521 U.S. 74, 98 (1997). But this Court has also explained that those "stricter standard[s]" are not triggered where a district court incorporates unchallenged portions of a State's map into an interim map. Upham v. Seamon, 456 U.S. 37, 42– 43 (1982) (per curiam).

reasonable probability of failing to gain §5 preclearance, see supra, at 6. Without such a determination, the District Court had no basis for drawing a district that does not resemble any legislatively enacted plan.

The court's approach in drawing other districts was unclear. The interim plan's Congressional District 33, for example, disregards aspects of the State's plan that appear to be subject to strong challenges in the §5 proceeding. See 3 id., at 600–601; 5 id., at 12–14. That much seems appropriate, but there are grounds for concern with the path the District Court followed from there. The court's order suggests that it may have intentionally drawn District 33 as a "minority coalition opportunity district" in which the court expected two different minority groups to band together to form an electoral majority. 1 id., at 147. The order is somewhat ambiguous on this point—some portions suggest that the court deliberately designed such a district, other parts suggest that it drew the district solely as a response to population growth in the area. Compare id., at 146–147 ("Because much of the growth that occurred in the Dallas-Fort Worth metroplex was attributable to minorities, the new district 33 was drawn as a minority coalition opportunity district"), with id., at 144 ("The Court has nowhere expressly sought to increase the performance of any opportunity district above benchmark"). If the District Court did set out to create a minority coalition district, rather than drawing a district that simply reflected population growth, it had no basis for doing so. Cf. Bartlett v. Strickland, 556 U.S. 1, 13–15 (2009) (plurality opinion).

Because it is unclear whether the District Court for the Western District of Texas followed the appropriate standards in drawing interim maps for the 2012 Texas elections, the orders implementing those maps are vacated, and the cases are remanded for further proceedings consistent with this opinion.

The judgment shall issue forthwith.

It is so ordered.

title: Perry v. Perez


text:
Perry v. Perez/Concurrence Thomas

Cite as: 565 U. S. ____ (2012)

THOMAS, J., concurring in judgment

SUPREME COURT OF THE UNITED STATES

Nos. 11–713, 11–714 and 11–715

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–713

v. SHANNON PEREZ, ET AL

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–714

v. WENDY DAVIS, ET AL.

RICK PERRY, GOVERNOR OF TEXAS, ET AL., APPELLANTS
 * 11–715

v. SHANNON PEREZ, ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS

[January 20, 2012]

JUSTICE THOMAS, concurring in the judgment.

The Court proceeds from the premise that court-drawn interim plans are necessary in part because Texas' newly enacted redistricting plans are unenforceable for lack of preclearance under §5 of the Voting Rights Act of 1965. Ante, at 1–3. In my view, Texas' failure to timely obtain §5 preclearance of its new plans is no obstacle to their implementation, because, as I have previously explained, §5 is unconstitutional. See Northwest Austin Municipal Util. Dist. No. One v. Holder, 557 U.S. 193, 212 (2009) (THOMAS, J., concurring in judgment in part and dissenting in part). Although Texas' new plans are being chal-

lenged on the grounds that they violate the Federal Constitution and §2 of the Voting Rights Act, they have not yet been found to violate any law. Accordingly, Texas' duly enacted redistricting plans should govern the upcoming elections. I would therefore vacate the interim orders and remand for the United States District Court for the Western District of Texas to consider appellees' constitutional and §2 challenges in the ordinary course.

title: Perry v. Perez/Concurrence Thomas


text: Talk:Perry v. Perez

title: Talk:Perry v. Perez


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(　61　)

title: Page:Merry Muses of Caledonia.djvu/67


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Page:In Memoriam. Matthew Fontaine Maury.djvu/15

 Charybdis, falling into a region of calms or those contrary winds from the south-west, now known as Maury's Monsoons. But M discovered that the inshore current of St. Roque was comparatively feeble, and that the winds favored the navigator as he drew in with the land; and so he said, Stand boldly on, and if need be tack and work by under the land.

To Captain J, commanding the W. H. D. C. Wright, of Baltimore, belongs the honor of being the first to beard the lion. Cape St. Roque, and to triumphantly demonstrate the accuracy of the Sailing Directions. Inferences were supplanted by facts. The maritime world hastened to acknowledge the benefit conferred, to contribute aid to the rapid and complete application of M system to all seas. The way was open, and there were thousands to follow.

The Brussels Conference, of which M was the author, provided for co-operation. Its occurrence and its action marked the era of international adoption of his system of observation. Simple as were the means by which these results were obtained, they astonished the world.

He also instituted the System of Deep-Sea Sounding, rendering easy of accomplishment all operations of


text:
Zoological Illustrations

OR

ORIGINAL FIGURES AND DESCRIPTIONS

OF

NEW, RARE, OR INTERESTING

Ornithology, Entomology, and Conchology,

CUVIER AND OTHER MODERN ZOOLOGISTS.

 * BY

, F.R.S., F.L.S.,

III. VOLUMES.

London:

BALDWIN, CRADOCK, AND JOY, PATERNOSTER-ROW; AND W. WOOD, STRAND.

1820-3.

GENERAL INDEX

IN THE ORDER OF PUBLICATION.

title: Zoological Illustrations


text: Talk:Zoological Illustrations

title: Talk:Zoological Illustrations


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Page:Gummere (1909) The Oldest English Epic.djvu/59

Rh armor excellent, heirloom of Hrethel and work of Wayland. Fares Wyrd as she must.”

Hrothgar spake, the Scyldings’-helmet:— “For fight defensive. Friend my Beowulf, to succor and save, thou hast sought us here. Thy father’s combat a feud enkindled when Heatholaf with hand he slew among the Wylfings; his Weder kin for horror of fighting feared to hold him. Fleeing, he sought our South-Dane folk, over surge of ocean the Honor-Scyldings, when first I was ruling the folk of Danes, wielded, youthful, this widespread realm, this hoard-hold of heroes. Heorogar was dead, my elder brother, had breathed his last, Healfdene’s bairn: he was better than I! Straightway the feud with fee I settled, to the Wylfings sent, o’er watery ridges, treasures olden: oaths he swore me.


text: The Oldest English Epic/Chapter 1/Beowulf 06


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Page:In Memoriam. Matthew Fontaine Maury.djvu/7

 III. There will be a meeting of the Academic Board in the office of the Superintendent, this afternoon, at 4

IV. The usual badge of mourning will be worn by Professors, Officers, and Cadets, for the period of thirty days.

By command of Col. J. T. L. P, Act'g Supt.

F. H. S., Adjutant, V. M. I.

The Acting Superintendent having announced the death of Commodore M. F. M, it was ordered that the following minute be spread upon the records of the Academic Board:

With reverence we record to-day the death of our illustrious associate. The latest to enter our Faculty, he was the oldest man of our number. All accorded to him the respect due to his years, but with a far profounder sentiment, all rendered to him the homage that is the meed of fame.

We claim the solemn pre-eminence over every other institution known to history, when upon the


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xiv Nevertheles the Commons, in the Reign Rich. II. had gained a very considerable Ascendancy; for, in the first Year of the succeeding King, they even attempted to share with the Lords in their judicial Capacity: But the Archbishop of Canterbury, by the King's Command, told them, that "they were only Petitioners; and that all Judgments appertain to the King and to the Lords, it were in, Grants, Subsidies, or such like; the which Order the King would have from that Time to be observed."

By this concluding Exception, we find the legislative Right of the Commons expressly acknowledged in Terms, yet it was still so little regarded in Practice, that it was again invaded the very next Year: And the 2d of Hen. IV. c.15. was passed, though the Commons never assented to it, but, on the contrary, disavowed it. The Force of that Act:, nevertheless, was felt till the Reigns of Hen. VIII. and Ed. VI. Nay, afterwards, in Mary 's Time, till its final Repeal in the Reign of Queen Elizabeth. Instances of this Kind probably gave Birth to the Petition in the 8 of Hen. IV. when " it was enacted, at the Request of the Commons, that certain of the Commons House should be present at the engrossing of the Parliament Roll

But, not withstanding these Securities, Acts still continued to be passed without the Commons Assent; and they were, from Time to Time, compelled to renew their Claim of Right in this Behalf, which they did in 2 Hen. V. in the following strong Terms.

"Oure Soverain, your humble and trewe Leiges that ben come for the Comens of your Lond, by feeckyn onto your rigt Wissenefle. Tha foo as hit hath evere be thair Libertie and Freedom, that thair should be no Statut no Lawe be made of lasse than they yaf thereto thair Assent, confideringe that the Coe of your Lond, the whiche that is, and evere hath be a Membre of your Parlement, ben as well Assentors as Peticioners: That fro this Tyme foreward, by Compleynte of the Comens of any Mischief, axhinge Remedie by Mouthe of their Speker for the Comens, other else by Peticion writen, that ther nevfere be no Lawe made thereuppon and engrosed as Statut and Lawe, nother by Addicions, nother by Dimunucions, by no Maner of Terme ne Termes, the whiche that sholde chaunge the Sentence and the Intente axhed by the Speaker Mouthe, or the Peticions bifore faid, yeven up yn Wrytyng, by the Manere forsaid, withoute Assent of the foresaid Comens, consyderinge oure Soverain Lord, that it is not in no wyse the Entente of oure Comens, gif hit be so that they axhe you by spekyng or by writyng too Thynges or three, or as manye as theym lust, ' but that evrye


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 that character since undertaken, and leading directly to the establishment of Telegraphic communication between the continents by Cable on the bed of the ocean. In these labors he was effectively assisted by the genius of one of our colleagues, Col. J M. B, then on duty in the Naval Observatory, whose Deep-Sea Sounding Apparatus first brought up specimens, whilst it fathomed the depths of the ocean.

But to these immediately practical and beneficial results there was still something to be added. The investigations, of which they were the first fruits, presented materials for a work that should make clear to the landsman as well as to the mariner, the wonderful mechanism of the Sea, with its currents and its atmosphere; and this he did in his well-known work, "The Physical Geography of the Sea" which, translated into the languages of France, Germany, Holland, Norway, Spain, and Italy, has spread the fame of its author throughout Europe.

To enumerate the various subjects of interest and importance to his own country, which Maury suggested and successfully advocated, cannot be done in this brief notice of a life so full of action. By H he was declared to be the founder of a new and important


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 science. The principal Powers of Europe recognized the value of his services to mankind. France, Austria, Prussia, Russia, Denmark, Belgium, Portugal, Sweden, Sardinia, Holland, Bremen, and the Papal States, bestowed Orders of Knighthood and other honors. The Academies of Science of Paris, Berlin, Brussels, St. Petersburg and Mexico conferred the honor of membership.

When Virginia, seceding from the Union, called upon her sons, he promptly resigned his position in the Federal Navy, to take part in the defence of his native State. He was selected as one of the Council of Three appointed to assist the Governor in that important crisis, and so served until the Army and Navy of Virginia were incorporated with those of the Confederacy.

When it became known in Europe that he had resigned his position in the Federal service, he was invited to Russia and to France, to continue in either of those countries the great work to which his life had been devoted. These offers, from a sense of duty, he declined. But the Government of the Confederate States, rightly estimating the great aid and service which he would render in that condition of affairs which made the South so largely dependent upon


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 foreign countries for material and products ot manufacture, sent him abroad, invested with suitable powers, which he continued to exercise, with his usual ability, until the close of the war.

Then, in anticipation of a large emigration from; the Southern States to Mexico, with the view of aiding his countrymen there, he went to that country, where he was cordially received by the Emperor Maximilian, who appointed him to a place in his cabinet. Thence he was sent on a special mission to Europe. The revolution terminating his relations with that country, left him in straitened circumstances. Unwilling to accept aid without rendering an equivalent return, he resumed, as a means of support, his scientific and literary labors, pursuing those studies that to him were most congenial. To these he added experimental researches, having for their object the perfecting of new applications of electricity, in which he was eminently successful, and in preparing his Manual of Geography, subsequently published in this country. During this period the great University of Cambridge honored him with the degree of LL.D., and the Emperor of the French invited him to the Superintendency of the Imperial Observatory at Paris.


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Page:Southern Life in Southern Literature.djvu/210

[Richard Henry Wilde was born in Dublin, Ireland, in 1789, and died in New Orleans in 1847. When he was a boy his family came to America and settled in Baltimore. Upon the death of his father he removed to Georgia, where he studied law and entered politics, eventually becoming for several terms a member of Congress. During a stay in Europe from 1835 to 1840 he did considerable study in Dante and Tasso, and helped to discover Giotto's portrait of the first-named poet. On his return he settled in New Orleans, where he became professor of law in the University of Louisiana. Meanwhile he had made a reputation for himself as a poet by poems contributed to newspapers and magazines, which he did not collect during his life into book form.]

My life is like the summer rose, That opens to the morning sky, But, ere the shades of evening close, Is scattered on the ground—to die! Yet on the rose’s humble bed The sweetest dews of night are shed, As if she wept the waste to see— But none shall weep a tear for me!

My life is like the autumn leaf That trembles in the moon s pale ray: Its hold is frail—its date is brief, Restless—and soon to pass away! Yet, ere that leaf shall fall and fade, The parent tree will mourn its shade, The winds bewail the leafless tree— But none shall breathe a sigh for me!


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 He preferred to accept the Chair of Physics in the Virginia Military Institute. When the letter conveying this appointment expressed the belief that his master mind, turned to the land, would produce results as beneficial, as when penetrating the august mysteries of the Sea, his reply was worthy of the man. He wrote: "You have marked out a great field for me—much broader than one would imagine, I am willing to enter upon it."

Once more at home, on the soil of Virginia, surrounded by his family and warm friends, he bent his energies with the same vigor and enthusiasm which characterized those honor-reflecting labors of former days, to the renewal and increase of his country's prosperity.

The catholic breadth of his mind tolerated no partial dealing with the potent elements of progress which he was wont to wield, in forming those comprehensive plans worthy of the age and of the demand which calls for the generalization of the innumerable, but as yet uncombined, elements of general prosperity.The Physical Survey of Virginia, in connection with the establishment of through routes by rail, and of a great and free water line uniting the East and


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   My life is like the prints, which feet Have left on Tampa’s desert strand; Soon as the rising tide shall beat, All trace will vanish from the sand; Yet, as if grieving to efface All vestige of the human race, On that lone shore loud moans the sea— But none, alas! shall mourn for me!

Winged mimic of the woods! thou motley fool! Who shall thy gay buffoonery describe? Thine ever-ready notes of ridicule Pursue thy fellows still with jest and gibe. Wit, sophist, songster, Yorick of thy tribe, Thou sportive satirist of Nature’s school, To thee the palm of scoffing we ascribe, Arch-mocker and mad Abbot of Misrule! For such thou art by day—but all night long Thou pourest a soft, sweet, pensive, solemn strain, As if thou didst in this thy moonlight song Like to the melancholy Jacques complain, Musing on falsehood, folly, vice, and wrong, And sighing for thy motley coat again.

[Edward Coate Pinkney was born in London in 1802, while his father was United States Commissioner to Great Britain. On his return to America, he was put to school in Baltimore, and later entered the navy as midshipman. He resigned from the navy to engage in the practice of law, but his health failed and he died in Baltimore


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 West, and this again in connection with foreign commerce by his familiar pathways on the sea; the perfecting of a system of observations and reports on the crops of the world, tending, to reduce the fluctuations, and to destroy the facilities of trade in the staple productions of agriculture, which indeed was but an extension of what he years ago proposed as a complement of his sea work, and which is to-day measurably represented in the operation of that division of the public service which has for its special object the benefit of agriculture and commerce—such were the aims, noble in simplicity, grand in execution, which engaged the mind of M

The benefits conferred upon mankind by M cannot be measured by any estimate of their pecuniary value, great as that value may be. If we include the general gain to civilization, by increased facilities of communication between widely separated parts of the earth, we shall not then have the measure of his work. Ranking higher than these are the moral results of his teaching. The directions by which seamen were enabled to apply the principles and laws which his genius had wrought out of the vast mass of material which, from all parts of the world,


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 they spread before him, were accompanied by other teachings. Passionately devoted to the study of natural phenomena, seeing in all the guiding hand of the Creator, profoundly conscious of a Ruling Providence, he strove to convey to others knowledge of those things which filled him with admiration and joy—singing ever a song of praise; and by the power of this master mind was there awakened in the sea world a spirit of observation and research, a love of Nature, and a respect for God in His works and Majesty, which those unfamiliar with the sea and its affairs, may hardly be expected to understand.

From one of the many grateful acknowledgments of this influence may be quoted the following, which, while it excites pleasing emotion in the mind of the reader, is in itself an expression of a deeply moved spirit:

"I am happy to contribute my mite towards furnishing you with material to work out still further towards perfection your great and glorious task, not only in pointing out the most speedy routes for ships to pursue over the ocean, but also of teaching us sailors to look about us, and see by what wonderful manifestations of the Great God we are continually


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 surrounded. For myself, I am free to confess that for many years I commanded a ship, and although never insensible to the beauties of nature upon the sea or land, I yet feel that until I took up your work, I had been traversing the ocean blindfolded. I did not think, I did not know, the amazing and beautiful combination of all the works of Him whom you so beautifully term the 'Great First Thought.' I feel that, aside from any pecuniary profit to myself from your labors, you have done me good as a man. You have taught me to look above, around, and beneath me, and to recognize God's hand in every element by which I am surrounded. I am gratified for this personal benefit."

After this succinct but comprehensive summary of the most important events of his life, it only remains to place upon these pages a record of the circumstances of his last illness, and of a death as instructive in its teaching as his life was noble in its example.

During the past summer he received an invitation to address an Agricultural Society of Massachusetts. This invitation he accepted, and leaving the Institute on the 12th of September, addressed the Society at the village of Norfolk, near Boston. Returning to New York,


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Works

 * My Life is Like the Summer Rose
 * To the Mocking-Bird
 * Life of Tasso (1842)

title: Author:Richard Henry Wilde


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 he took an excursion to Niagara, Detroit, Chicago, and St. Louis, having accepted an invitation to address the State Agricultural Society of Missouri, at its Annual Fair. Here his reception was most enthusiastic; but he was already so much exhausted, that he could not read his valuable address in an audible tone. After spending some two weeks in Missouri, he returned to Virginia to meet an appointment to address the Seaboard Agricultural Society, on the 23d of October, at Norfolk. The condition of his health admonished him not to undertake this task, and he immediately returned home, reaching the Institute on 23d of the month. His condition was exceedingly distressing, and even alarming. Constant gastric pain and nausea, occasional hematemesis, feeble pulse, much depression of mind, cool extremities, and an anxious expression of countenance. He received at once the professional attention of the two medical officers of the Institute, and the treatment was attended with varying success for two or three weeks. Then the symptoms seemed to yield entirely to the remedial agents; but still any deviation from the blandest diet would reproduce the symptoms, necessitating a rigid adherence to the simplest regimen.

About the middle of December, he had the


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Rh evere it stonde yn the Fredom of your high Regalie, to graunte which of thoo that you luste, and to wernne the Remanent."

To this the King gave the following Answer. "The Kyng, of his Grace especial, graunteth yat fro hensforth nothing be enacted to the Peticions of his Commune, yat be contrarie of hir askyng, wharby they shuld be bounde without thair Assent, savyng alwey to our Leige Lord his reall Prerogatif, to graunte and denye what him lust of their Peticions and askynges aforefaid"

Before this Petition, it was usual, upon entering the Bill on the Statute Roll, to make Additions, Diminutions and Alterations, whereby the Act was made to vary materially from the Substance of the Commons Petitions, and sometimes framed directly contrary to their Sense and Meaning. Several Instances of this Kind occur on the Rolls; but it will be sufficient to mention one, which is extremely remarkable, viz. the 36 Ed. III. stat. 1. c .15. providing that all Pleas shall be pleaded in the English Tongue, which is the Purport of the Petition on the Parliament Roll; but on the Statute Roll, we find thefe Words added— "And that they be entered and inrolled in Latin'  &c. which Words are not on the Parliament Roll.

Nevertheless this Bill of the 2 Hen. V. did not wholly remove the Evil; for many Inconveniencies still arose, from the Method of extracting and drawing up the Statute, from the Petition and Answer on the Parliament Roll. To remedy which, about the End of Hen. VI. and the Beginning of Ed. IV. the Practice was introduced, or rather revived, of reducing the Petitions, even in the first Instance, into the full and compleat Form of Acts of Parliament, which were commonly entered in this Form—Item Quædam Petitio exhibita suit in hoc Parliamento Formam Actus inse continens

This Form prevailed many Years, but the Title at length was disused, the Method, in other Respects, still continuing the same as it is at present, the Bill being drawn up, in the first Instance, in the Form of an Act, and brought to the Sovereign for his Assent.

The Power of the Commons, however, in these and the succeeding Reigns, was daily increasing; and the civil Wars between the Houses of York and Lancaster contributed to extend their Influence. For Competitions of this Nature, however fatal to Individuals, never fail of adding Weight to the Body of the People In Rh


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 and valued professional assistance of his brother-in-law, Dr. B. S. H, of Savannah, formerly of Fredericksburg, whose tender solicitude and large experience afforded him great comfort. Indeed, his disease seemed completely conquered, and the only difficulty was to improve his vital and recuperative powers. To do this every expedient that affection could devise, or professional experience suggest, was tried faithfully, persistently, but in vain.

Perceiving himself, at last, how futile were the exertions to restore or renew his strength, he gradually became convinced that any further effort was not only useless, but opposed to the Divine will in his case; and four days previous to his death, calling his attending physician to his side, he said: "I want to tell you how grateful I am for all your kind and persistent efforts in my behalf. I want to tell you that I believe you have done your whole duty; and now," he added, "and now, I want you to leave me to God!" And with a look of affectionate decision, he waved him away with one hand, while with the other he pointed silently upwards. After this he took scarcely anything, with the exception of a little beef tea or champagne, and these at long intervals, and evidently only to gratify the earnest entreaty of his [eldest] son, R. L. M.


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 A Christian from intelligent conviction—a diligent and reverential reader of the Divine word—he was not demonstrative in his religion. His life bore testimony that he walked with God. The effect of his disease was to depress his spirits, which were naturally cheerful—even playful—and this depression continued for long and weary weeks, against every effort of the loving members of his family to comfort and cheer him. He would affectionately wave them away with his hand, and asked to be alone. He desired to be alone, that he "might commune with his own heart, on his bed, and be still." He was putting his house in order, and preparing to meet his God. It was observed that by degrees he became brighter and more cheerful. The comforting assurance that he was "accepted in the Beloved," found grateful utterance in such words as these—

"Lord God, Thou Redeemer of the world, and Ransomer of my soul! Have mercy on me. Pardon my sins. Teach me the errors of my way. I thank my Gracious Master, He has done so now."

These utterances were made as if in solemn communion with God. Then he would pass into a doze, and as he aroused, he continued—


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xvi all contested Titles, they are courted by each Party, and whoever prevails, is directed by Policy to have his Title recognized by them, and to secure the Continuance of their Favour and Support, by some Enlargement or Confirmation of their Privileges. Add to this, that the Power of the Nobility beginning to decline, they were glad to gain the Commons to their Party, which farther extended the Influence of the representative Body.

During these Contests, however, when civil Rights were so far from being established, that the primitive Rights of Justice and Humanity were daily violated, the Business of Legislation was variously and irregularly conducted, both in Form and Substance. And there seems to have been no settled Precedent for penning the enacting Clauses, till the 13th of Charles II. stat. 2. c. 2. when the Form now in Use first took Place.

Our Judgment, however, with regard to the antient Acts, ought to be guided by the Practice of those Times; and it would, with Submission, be very unreasonable to deny the Validity of any of the antient Statutes, upon the Principle laid down in the Books; that is, because the Assent of the Commons is not expressed; since it is evident, that their Assent, after it was allowed in Terms, was often over-ruled in Practice: That where we may safely presume their Assent was given, it frequently was not expressed in the Act: And that there was not any settled Form of declaring the Concurrence of the several Estates of the Kingdom.

T remains now, in farther Support of the early Statutes, to take Notice of some more extensive Objections, which are not levelled against the Authority of any particular Act, but are calculated to overthrow the Statutes in general of several whole Reigns. Of this Nature are the Principles maintained by the anonymous Author of a Treatise, intitled, "The hereditary Right to the Crown of England asserted" who hath boldly objected to all the Laws passed during the Reigns of those Kings, whom he stiles Kings de facto, on pretence that they are voidable: And as an Instance that they lost their Force for want of Confirmation, he hath cited 10 Hen. VI. which Ed. IV. refused to confirm.

This strange Reasoning has been contraverted by Mr. Cay but as that Gentleman, in the Course of his Animadversions, has advanced some Principles which are


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 "And Who has been so merciful as to preserve my senses to the last."

His thoughts were much turned to his absent children, who were hourly expected, with expressions of the tenderest love towards them. Whenever he aroused from one of his fitful slumbers, he would anxiously ask—"Have they come?" When told that they had not arrived, but were expected that day. Then said he, "If unable to speak when they come, I want this prayer repeated to them—and he repeated the prayer which he had just offered, and without completing it, he added, "Put this in B——'s mouth—in N——s mouth—in W—'s mouth—and let them say, "Glory be to God for His mercies." His children arrived in time to receive his blessing.

Hearing the pencil running over the paper, as one of his sons was endeavoring to trace his utterances, he said—"Somebody is taking down what I say;" and he added—"Ever since the time when I broke my leg (thirty-three years before) I have used this prayer. It contains eleven petitions—not designedly, but still there are eleven—and I want it taken down. Now keep me up to the eleven; they have all been answered."

Here he exhibited signs of fatigue and prostration,


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Rh at least contravertible, it may not be improper to re-consider the Subject, and to endeavour, at least, to throw some additional Light on those disputable Points.

In Answer to the Instance of the 10 of Hen. VI. cited in the Treatise above mentioned, Mr. Cay argues as follows:

"There does appear," faith he, "upon the Parliament Roll of the 10 Hen. VI. a Petition and Answer for the Purpose of the Payment of the Judges Wages, which I suppose the learned Author would insist was the Act of Parliament that was refused to be confirmed. But it will be hard to draw any Inference of Weight from hence: It is plain, that antiently Acts of Parliament had not the Royal Assent compleat, till they had it under the Great Seal. The King's Answer in Parliament was a full Warrant to the Lord Chancellor, to draw it up upon the Statute Roll, and put the Great Seal to it; but till that was done, it had not (antiently) the Force of a Law to bind the People. Many Bills are entered on the Parliament Roll, with the Answers to them, but with a Respectuatur: also: And I think none of these are reputed to have the Force of a Law. Dissimiilavimus sicut opportuit, & dictum pretensum Statiutum Sigillari permismus ilia vice, are the Words of King Ed. III. 15 Ed. III. Stat. 2. See also 4 Hen. IV. c. 13. and 25 Hen. VIII. c. 20. § 2.; and Mayn. Ed. II. fol 265. Now this Act of 10 Hen. VI. Stat. 2. never was drawn up into a Statute, nor sealed as such, but has a Respecuatur entered against it; so that if King Henry had continued in Possession of the Crown, this Act would have flood in Need of a re-enacting Force, even in his Reign, as well as in the Reign of Ed. IV." So far Mr. Cay.

Now should we admit the general Doctrine here endeavoured to be established, it would tend to invalidate the Force of some old Statutes, which have, by great Authorities, been deemed unquestionably binding. If we consult the Parliament Rolls, whereon the Petitions of the Commons are entered with the Kings Answers, we shall find, that, to Petitions of a public Nature, the King's Assent is entered in these Words, Le Roy le voet. By such Answer, the Royal Assent was compleatly given, and the Bill acquired the Force of a Law, before it passed the Great Seal, and was entered on the Statute Roll. If the Distinction may be allowed, we might say that the Parliament Roll contained the Substance, and the Statute Roll, the Form of the Law. When entered on the latter, the Tenor of it, as hath been observed, was affixed to Proclamation Writs, which were directed to the several Sheriffs, commanding them to proclaim the Act as a Law in their respective Counties: But the Act, especially if it did not require Novel Ley, as above explained, was in all Respects valid, before such Entry and Proclamation; in the same Manner as an Act at this Day, after the Royal Assent given, is a compleat Law, before it is printed: For Printing comes in Lieu of the antient Promulgation by the Sheriff. And such Method of Proclamation heretofore used, was, as Lord Chief Justice Holt observes, but a mere Act of Grace. If an Offence, therefore, had been committed against an Act of Parliament, before Proclamation, the Offender had been at the King's Mercy, and he could not have pleaded Ignorance of the Law: For this manifest; Reason—Because all Persons are bound to take notice


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 O,

V M I

4 p.m., February 1, 1873.

The Academic Board met at the call of the Acting Superintendent; present. Col. J. T. L. P, Act'g Supt.; Col. T. H. W, Col. R. L. M, Col. S. S, Col. Wm. B. B, Col. J M. B, Col. M. M'D, Col. M. D. H, Col. T. M. S, Col. W. E. C, and Col. J. W. L. Absent on public duty. Gen. F. H. S, Supt.

The Acting Superintendent read the following General Orders:

February 1, 1873.

I. It is with feelings of profound solemnity, that the Acting Superintendent announces to the Officers of the Institute and the Corps of Cadets, the death of Commodore M. F. M, LL.D., Professor of Physics in the Virginia Military Institute.


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 days. I was not impressed with Jaffa. The town looks like dirty, well-rubbed dice running down the side of a conical-shaped, green hill. Here I sent another telegram to Damascus to Richard—the Russian Vice-Consul kindly took charge of it—but all the same it never reached its destination, though I am certain it was not the Consul's fault. At Jaffa we picked up an Effendi and his harím, and two Italian musicians, who played the concertina and guitar. The latter pair confided in me, and said they had made a mariage de cœur, and were really very hard up, in fact dependent on their talent; so I hit on a plan to help them. I asked the captain to let us have a little music after breakfast and dinner. They played, and I carried round the plate, and my gleanings paid their passage and something more. As for the Effendi's harím she was carefully veiled and wrapped up in an izár, or sheet, and confined to her cabin, except when she was permitted at rare intervals to appear on deck. Her Effendi jealously watched her door, to see that nobody went in but the stewardess. However, she freely unveiled before me. I was not impressed with her charms, and I thought what a fine thing the sheet and the veil would be to some of our European women. There is an irresistible suggestion of concealed charm about them. It was my first experience of a real harím.

On the third day, very early, we anchored off Beyrout. The town as viewed from the water's edge is beautiful. Its base is washed by the blue Mediterranean. It straggles along the coast and crawls up part


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368 of the lower hills. The yellow sand beyond the town, and the dark green pine forests which surround it, contrast well with the deep blue bay and the turquoise skies. It is backed by the splendid range of the Lebanon. The air is redolent with the smell of pine wood. Every town in the East has its peculiar odour, and when once you have been in one you can tell it blindfold afterwards. I went ashore, and put up at a clean and comfortable hotel facing the sea, which was kept by a Greek. This hotel later on came to be to my eyes the very centre of civilization; for during our sojourn at Damascus Beyrout was our Biarritz, and this little hotel the most luxurious house in Syria. Here I had breakfast, and after that I called on our Consul-General. His wife was ill in bed, but he asked me kindly to remain to luncheon, and showed me how to smoke my first narghileh. I was very anxious to start at once for Damascus, but the diligence had gone. So I had to stop, willy-nilly, for the night at Beyrout. In the evening the Duchesse de Persigny arrived from Damascus, and sent me word that she would like to dine with me. Of course I was delighted. She gave me some news of Richard, and enlivened my dinner very much by anecdotes of Damascus. She was a very witty, eccentric woman, as every one knows who had to do with her when she was in England. She had many adventures in Damascus, which she related to me in her racy, inimitable way. It didn't sound so bad in French, but I fear her humour was a trifle too spicy to bear translation into plain English prose. When I


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Rh got to Damascus, I heard a good deal more about her "goings on" there.

I went to bed, but not to sleep, for it seemed to me that I was at the parting of the ways. To-morrow I was to realize the dream of my life. I was to leave behind me everything connected with Europe and its petty civilization, and wend my way to "The Pearl of the East." As soon as you cross the Lebanon Range you quit an old life for a new life, you forsake the new world and make acquaintance with the old world, you relapse into a purely oriental and primitive phase of existence.

Early the next morning "the private carriage" which the Consul-General had kindly obtained for me, a shabby omnibus drawn by three old screws, made its appearance. I was to drive in it over the Lebanons, seventy-two miles, to Damascus; so I naturally viewed it with interest, not unmingled with apprehension. Quite a little crowd assembled to see me off, and watched with interest while my English maid, a large pet St. Bernard dog, my baggage, and myself were all squeezed into the omnibus or on top of it. The Consul-General sent his kawwass as guard. This official appeared a most gorgeous creature, with silver-mounted pistols and all sorts of knives and dangling things hanging about him. He rejoiced in the name of Sakharaddín, which I pronounced "Sardine," and this seemed to afford great amusement to the gaping crowd which had assembled to see me off.

The drive from Beyrout to Damascus was charming, and it lasted two days.


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370 First we drove over the Plain of Beyrout, behind the town. The roadside was lined with cactus hedges and rude cafés, which are filled on Sundays and holidays by all classes. They go to smoke, sip coffee and raki, and watch the passers-by. Immediately on arriving at the foot of the Lebanon, we commenced a winding, steep ascent, every turn of which gave charming views of the sea and of Beyrout, which we did not lose sight of for several hours. We wound round and round the ascent until Beyrout and the sea became invisible. The cold made me hungry, and I refreshed myself with some bread, hard-boiled eggs, and a cigarette. "Sardine" was keeping Ramadan, but the sight of these luxuries tempted him, and he broke his fast. I couldn't help offering him something, he looked so wistful! At last we reached the top, and a glorious wintry sunset gave us a splendid view. It was of course midwinter, and one saw little of the boasted fertility of the Lebanon. After the beauties of Brazil the scenery looked to me like a wilderness of rock and sand, treeless and barren; the very mountains were only hills. I could not help contrasting the new world and the old. In Brazil, though rich in luxuriant vegetable and animal life, there is no history—all is new and progressive, but vulgar and parvenu; whereas Syria, in her abomination of desolation, is the old land, and she teems with relics of departed glory. I felt that I would rather abide with her, and mourn the past amid her barren rocks and sandy desert, than rush into the progress and the hurry of the new world.

We descended the Lebanon at a full canter into the


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URING the first weeks at Damascus my only work was to find a suitable house and to settle down in it. Our predecessor in the Consulate had lived in a large house in the city itself, and as soon as he retired he let it to a wealthy Jew. In any case it would not have suited us, nor would any house within the city walls; for though some of them were quite beautiful—indeed, marble palaces gorgeously decorated and furnished after the manner of oriental houses—yet there is always a certain sense of imprisonment about Damascus, as the windows of the houses are all barred and latticed, and the gates of the city are shut at sunset. This would not have suited our wild-cat proclivities; we should have felt as though we were confined in a cage. So after a search of many days we took a house in the environs, about a quarter of an hour from Damascus, high up the hill. Just beyond it was the desert sand, and in the background a saffron-hued


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374 which was nothing special, and after dinner was over we warmed ourselves over a mangal, a large brass dish on a stand, full of live charcoal embers. Then we had a smoke, and began to discuss our plans for our new home.

It had taken me fifteen days and nights without stopping to come from London to Damascus.


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670 out, and the corresponding lot at Stamboul. It is hopeless and madness to think that with such material you can do anything. Good-bye. Kind regards to your husband.

"Believe me, "Yours sincerely,

2.4.80

,

"Thanks for your telegram and your letter. Excuse half-sheet (economy). No, I will not write to Cairo, and your letters are all torn up. I am going to Brussels in a few days, and after a stay there I come over to England. I do not like or believe in Nubar. He is my horror; for he led the old ex-Khedive to his fall, though Nubar owed him everything. When Ismail became Khedive, Nubar had £3 a month; he now owns £1,000,000. Things will not and cannot go straight in Egypt, and I would say, 'Let them glide.' Before long time elapses things will come to a crisis. The best way is to let all minor affairs rest, and to consider quietly how the ruin is to fall. It must fall ere long. United Bulgaria, Syria, France, and Egypt England. France would then have as much interest in repelling Russia as we have. Supposing you got out Riaz, why, you would have Riaz's brother; and if you got rid of the latter, you would have Riaz's nephew. Le plus on change, le plus e'est la même chose. We may, by stimulants, keep the life in them; but as long as the body of


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xviii of Acts of Parliament, they being supposed to be present at the enacting of them, either in Person, or by their Representatives.

The Point, however, concerning the Validity of an Act, extant on the Parliament Roll only, and not entered on the Statute Roll, was very amply discussed at the Trial of the Earl of Macclesfield. On that Occasion, the 11 Hen. IV, which was entered on the Parliament Roll only, was produced, and strongly insisted on by the Council against his Lordship, in their Reply. Serjeant Pengelly, in particular, maintained that the Parliament Roll was the Original, as being the Warrant for the Statute Roll, and therefore of greater Authority. In which Principle he was, in Substance, afterwards supported by Mr. West.

After much Litigation on this Head, a Question was proposed by Mr. Onflow, which decided the Matter in Controversy. The Question was. Whether the Kings Assent was not entered on the Parliament Roll? To which Mr. Holmes, the Keeper of the Tower Records, and the Person then giving Evidence, answered,—That it was entered, in these Words,—" Le Roy le voet;" which manifestly proved that the Royal Assent was compleat, and that the Act under Consideration had the full Force of a Law.

Upon this Occasion, the Point concerning the Respecuatur also came under Debate: For the Earl, among other Objections to the 11 Hen. IV. would have inferred its Invalidity, from the Circumstance of its being entered with a Respectuatur per Dominum Principem & Concilium. But this Objection did not prevail, and it was insisted that the Respite given by these Words, did not destroy its Operation.

Concerning the Authorities cited by Mr. Cay, it is to be observed, that with respect to the 25 of Hen. VIII. c. 20. though it is a Confirmation of the 23 Hen. VIII. concerning Restraints of Payments of Annates, &c. yet this Confirmation was made in


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Rh in Pursuance of a Power specially given by a Clause in the said Act, of the 23d, enabling the King, within a limited Time, to declare, by his Letters Patent, whether it should take Effect as an Act, or not.

As to the Words of Ed. III. Dissimulavimus, &c. they ought to be buried in Oblivion; and in Truth it is manifest, from the foregoing Observations, that no conclusive Argument can be deduced from this Confession, so inglorious to Majesty.

Concerning the 4 of Hen. c. 13. which confirmeth the 1, 18, and 25 of Ed. III. nothing can be inferred from thence, that those Statutes had not the Force of a Law, before their Confirmation: For it is well known, that, according to the simple Policy of antient Times, when Laws were not duly observed, they could devise no better Expedient of enforcing them, than by re-enacting them with Clauses of Confirmation. But such Confirmations are no Evidence that the Acts, till then, had not the Force of a Law. The Great Charter hath been confirmed more than thirty Times, yet no one will infer from thence, that it was not a compleat Act in the first Instance. In Truth, the Confirmation of an Act did not add to its legal Efficacy, but, by bringing it more recently to Memory, under the Authority of the Legisature, was thought to make the Dread of Non-Observance the greater.

In the Year-Book of ''Mayn. Ed.'' II. it must be confessed that an Objection is there made to the Expositions of the Statute of Gloucester, because they were not under the Great Seal. But this appears to have been an Objection obiter, and nothing was determined on that Point. If any Determination, however, had been made, respecting its Invalidity, yet, it would not have sufficient Weight to overthrow subsequent Authorities.

With regard, however, to the principal Question arising on this Act of 10 H. VI the Premisses on which the Author of the Treatise above named resteth his Argument, do not warrant his Conclusions. The Denial of Confirmation, saith he, was equivalent to annulling or declaring it void. But this Inference by no Means follows. For an Act once valid, can only be made void, by an express Repeal: And a bare Refusal of Confirmation, only leaves the Act in the State wherein it stood before. Rh


text: 1911 Encyclopædia Britannica/Oetinger, Friedrich Christoph


text: 1911 Encyclopædia Britannica/Oeynhausen

title: 1911 Encyclopædia Britannica/Oeynhausen


text: Page:In Memoriam. Matthew Fontaine Maury.djvu/3


text: Appletons' Cyclopædia of American Biography/Huebner, John Andrew


text: Appletons' Cyclopædia of American Biography/Huebsch, Adolph


text: Appletons' Cyclopædia of American Biography/Huebschmann, Francis


text: Ælfric's Lives of Saints/01chr

title: Ælfric's Lives of Saints/01chr


text:
Page:In Memoriam. Matthew Fontaine Maury.djvu/27

 for he had taken no nourishment for several hours. And he again continued:

"Lord Jesus, Thou Son of God and Redeemer of the world! Have mercy upon me—that's one. Pardon my sins—that's two. Teach me the errors of my way—that's three. Give me a new heart, and a right mind; enable me and all mine to do Thy will, and in all things to keep Thy law." (Here he paused from exhaustion.) "Teach me that I may ask the things necessary for eternal life!" Then he seemed to forget that he was dictating, and his utterances became short, ejaculatory petitions; and these were followed by fragments of the prayer he was endeavoring to leave with his children—repeating at times the same petition, and then adding, "Lord, pardon my sins, for Thine be the Power, and the Kingdom, and the Glory, forever and forever."

He repeated with great distinctness and precision the first part of the prayer, pausing between each petition to enable his amanuensis to keep up, and waiting for the catch word, as was his habit in dictating his letters. He counted the petitions himself, saying after each, "that's one" "that's two;" but when he got to four, he had begun to get weary, and forget that he was dictating, and then pass away into a doze. Then he would


text:
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title: The Fortnightly Review


text: Appletons' Cyclopædia of American Biography/Hueffel, Christian Gottlieb


text:
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 necessary to go close to land, because outside there are many shoals, and it is necessary to go with the sounding lead in your hand, because it is a very vile coast, and Bornei is a large city, and has a very large bay, and inside it and without it there are many shoals; it is, therefore, necessary to have a pilot of the country. So we remained here several days, and began to trade, and we made good agreements of peace; and after that they armed many canoes to take us, which were 260 in number, and they were coming to us, and as we saw them we sailed in great haste, and we went outside and we saw some junks coming, and we went to them, and we captured one, in which was a son of the King of Luzon, which is a very large island, and also the captain let him go without the counsel of anyone.

Borney is a large island, and there is also in it cinnamon, mirabolams, and camphor, which is worth much in these countries; and they say that when they die they embalm themselves with it. Borney is in 5° 25' latitude—that is, the port itself—and 201° 5' of longitude from the line of demarcation, and from here we sailed and returned by the same road; and this port of Borney lies E.N.E. W.S.W. with the isle of Mazaba, and in this course there are many islands; and from the cape at the N.E. of Bornei to Quipit is E.W.¼N.E. S.W.

We sailed from Borney, and returned by the same course which we had come, and so we passed between the head of the isle of Bornei and Poluan; and we went to the W., to fall in with the isle of Cuagayan; and so we went by the same course to make for the island of Quipit on the S. side, and in this course, between Quipit and Cuagayan, we saw to the S. an island which they call Solo, in which there are many pearls, very large—they say that the king of this island has a pearl like an egg. This island is in 6° latitude;


text: Appletons' Cyclopædia of American Biography/Huehuetemixcatl


text: Appletons' Cyclopædia of American Biography/Huelen


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 and so, going on this course, we fell in with three small islands; and further on we met with an island named Tagima, and they say there are many pearls there; and this island lies with Solo N.E. S.W.¼E.W., and Tagima is in 6⅚°. It is opposite the Cape of Quipit, and the said cape is in 7¼°, and lies with Paluan E.S.E. W.N.W.

From here we coasted the island of Quipit on the south side, and we went to E.¼S.E. as far as some islets; and along the coast there are many villages, and there is much good cinnamon in this island, and we bought some of it; and there is much ginger on this coast; and so we went to E.N.E., until we saw a gulf; then we went to S.E. until we saw a large island, and thence to the cape at the east of the island of Quipit, and at the cape of this island there is a very large village, which collects much gold from a very large river, and this cape is 191½° of the meridian.

We sailed from Quipit to go to Maluco, and went to S.E., sighting an island called Sibuco; after that we went to S.S.E., and saw another island, called Virano Batolague; and we went by the same course as far as the cape of this island, and after that we saw another, which they call Candicar; and we went to the E. between the two, until we went ahead of it; and there we entered a channel between Candicar and another, which they call Sarangani; and at this island we anchored and took a pilot for Maluco; and these two islands are in 4⅔°, and the cape of Quipit in 7¼°, and the Cape of Sibuco, on the south side, is in 6°, and the Cape of Viranu Batologue in 5°, and from the Cape of Quipit and Candicar the run is from N.N.W. to S.S.E., without touching any cape.

We sailed from Sarangani, and went S.¼S.E., until we came opposite an island called Sanguin, and between the two are many islets, and they are on the West side, and this island is in 3⅔°. From Sangui we went S.¼S.E. to an island called Sian; between them there are many islets,


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 begin again, and his changed tone of voice indicated earnest, prayerful supplication.

When he had concluded, he again reverted to his original intention to have his prayer taken down, and asked, "Have I said eleven?" Seeing that he was overcome by the fatigue of his effort, the one nearest him said, "Yes," for he had two weeks before repeated the prayer in full to his wife; and the petitions now taken down in their fragmentary form, as they were dictated, in the midst of great bodily weakness, were supplemented by those which had previously been recorded.

The Psalms of David were very precious to him, and were often read to him during his sickness. He was particularly fond of the 130th Psalm—De profundis. On one occasion, while his son was reading this Psalm to him, seeing that he had closed his eyes, and presuming that he was asleep, he stopped his reading. Immediately opening his eyes, he continued the Psalm where the stop had occurred, saying: "I wait for the Lord; my soul doth wait; and in His word do I hope. My soul waiteth for the Lord more than they that watch for the morning."

He said he had endeavored in all his works to


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 praise God, as David did, and had it pleased God that his life should be prolonged to complete his Physical Geography, he had intended to make this more prominent still in his last work.

He had prayed that he might retain all his faculties to the last, and that it might be an evidence that all his prayers were answered. He was frequently seen to test the clearness of his mind, and a gratified smile would steal over his face. He had requested his son, Col. M to tell him when death was approaching. On the morning of his death, he was asked whether he knew that he was dying. He smiled, and replied, "Yes." "Is all well with you, my father?" He turned upon him a look beaming with the tenderest love, and answered, "All is well!" These were his last words, and although his lips continued to move as if in silent prayer, the motion became feebler and feebler, and then gently as an infant's slumber, his spirit ascended to his God.

Thus peacefully has passed away this profound philosopher and illustrious man—full of years—full of honors—full of fame—of fame beyond the wildest dreams his youthful ambition had ever pictured! But amid all the homage of the world, and all the plaudits


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 of the nations, his heart ever turned to a crucified Redeemer, as the needle to the pole; and he brought all the powers of his gifted mind, and all the aspirations of his lofty soul, and laid them as votive offerings at the foot of the Cross.

It is further ordered by the Academic Board—

1. That the Library Hall of the Virginia Military Institute be draped in mourning for the period of thirty days; that the drooping flags of Virginia and Tennessee be placed over the bier on the day of the funeral; and that the State flag be displayed at half mast.

2. That a copy of this minute be transmitted by the Superintendent to the family of the deceased, with the expression of the deep sympathy of this Board in their great sorrow.

3. That a number of copies of this minute be appropriately printed for distribution, and a certified copy be specially transmitted by the Superintendent to the Governors of Virginia and Tennessee; to the President of the United States; to the Members of Congress from Virginia and Tennessee; to the Members of the Legislature of Virginia; to the Mayor of Fredericksburg, Va.; to the U. S. Military Academy at West Point, and the U. S. Naval Academy at


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 ; to the several Universities and Colleges of Virginia and of the United States; to the Representatives of Foreign Governments to the United States; to the Scientific Societies of the United States and of Europe, of which the deceased was a member; to the University of Cambridge, England; to the several Chambers of Commerce of the United States; to the Agricultural Congress of the U. S.; and to the Agricultural Societies of Virginia, Missouri, Tennessee, Georgia, Mississippi, and North Carolina, the Seaboard Agricultural Society of Norfolk, and to the Massachusetts Agricultural Society, at Norfolk, Mass.; and also to Commodore Jansen, Delft, Holland, John Laird, Esq., M. P., Rev. Mr. Tremlett, London, England.

V M I

February 1, 1873.

Superintendent M. F. M, formerly of National Observatory, and late Professor of Physics, in Virginia Military Institute, died at 12:30 to-day. The distinguished scientific position of the deceased, and his world wide fame, make his death an event of more than