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RV 257 (BUDDENBROOKS) could not repress an anxious mental query: Is that a lot? Are we very rich now? Herr Marcus slowly rubbed his hands, apparently in absence of mind, and Consul Kröger was obviously bored. But the sum filled Tom himself, as he stated it, with such a rush of excited pride that the effort at self-control made him seem dejected. “We must have already passed the million,” he said. He controlled his voice, but his hands trembled. “Grandfather could command nine hundred thousand marks in his best time; and we’ve made great efforts since then, and had successes, and made fine coups here and there. And Mamma’s dowry, and Mamma’s inheritance! There was the constant breaking up—well, good heavens, that lay in the nature of things! Please forgive me if I speak just now in the sense of the firm and not of the family. These dowries and payments to Uncle Gotthold and to Frankfort, these hundreds of thousands which had to be drawn out of the business—and then there were only two heirs beside the head of the firm. Good; we have our work cut out for us, Marcus.” The thirst for action, for power and success, the longing to force fortune to her knees, sprang up quick and passionate in his eyes. He felt all the world looking at him expectantly, questioning if he would know how to command prestige for the firm and the family and protect its name. On exchange he had been meeting measuring side-looks out of jovial, mocking old eyes, that seemed to be saying “So you’re taking it on, my son!” “I am!” he thought.

Friederich Wilhelm Marcus rubbed his hands circumspectly, and Justus Kröger said: “Quietly, quietly, my dear chap. Times aren’t what they were when your grandfather was a Prussian army contractor.”

There began now a detailed conversation upon the provisions of the will, in which they all joined, and Consul Kröger took a lighter tone, referring to Thomas as “his Highness the reigning Prince” and saying, “The warehouses will go with the crown, "according to tradition.” In general, of course, it was decided that as far as possible everything should be left to-

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 Another trick much used in old times, when the holes of the flute were directly covered by the fingers, was entitled the "glide," a kind of sigh created by sliding the fingers slowly off the holes and thus producing quarter-tones, as in strings. Nicholson and Richardson were much addicted to this trick, which, according to an old writer, "is used to express great tenderness or pity, or anguish or despair." It is now happily impossible on modern flutes with solid metal "touches." The vibrato effect can also be produced on the flute, and is sometimes extremely effective if introduced sparingly.

Turns and graces of all kinds, especially trills and shakes, are perhaps more effective on the flute than on any other instrument. Prolonged shakes have been frequently introduced by the great composers. Auber in his Bronze Horse has one twenty bars long. They are highly effective also on the piccolo. Wagner often introduces them; in Siegfried two piccolos have one for twenty bars, and in the Walküre's ride the flutes shake on the topmost notes of their compass. Strauss in Til Eulenspiegel has a long piccolo shake.

Two flutes playing in thirds or sixths (if not too high up on their compass) are peculiarly effective, as has been noticed by all the leading composers since the era of Bach and even before it; but tremolo passages in thirds, etc., although occasionally used, are not so effective on the flute as on strings, and are sometimes very difficult, especially if on the top register.

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RV 258 (BUDDENBROOKS) gether, that Frau Elizabeth Buddenbrook should be considered the sole heir, and that the entire property should remain in the business. Herr Marcus announced that as partner he should be able to strengthen the working capital by a hundred and twenty thousand marks current. A sum of fifty thousand marks was set aside as a private fortune for Thomas, and the same for Christian, in case he wished to establish himself separately. Justus Kröger paid close attention to the passage that ran: “The fixing of the dowry of my beloved daughter Clara I leave to the discretion of my dear wife.” “Shall we say a hundred thousand?” he suggested, leaning back, one leg crossed over the other, and turning up his short grey moustache with both hands. He was affability itself. But the sum was fixed at eighty thousand. “In case of a second marriage of my dearly loved older daughter Antonie, in view of the fact that eighty thousand marks have already been applied to her first marriage, the sum of seventeen thousand thaler current must not be exceeded.” Frau Antonie waved her arm with a graceful but excited gesture which tossed back her flowing sleeve; she looked at the ceiling and said loudly: “Grünlich, indeed!” It sounded like a challenge, like a little trumpet-call. “You know, Herr Marcus,” she said, “about that man. We are sitting, one fine afternoon, perfectly innocent, in the garden, in front of the door—you know the portal, Herr Marcus. Well! Who appears? a person with gold-coloured whiskers—the scoundrel!”

“Yes,” Thomas said. “We will talk about Herr Grünlich afterward.”

“Very well; but you are a clever creature, and you will admit, Tom, that in this life things don’t always happen fairly and squarely. That’s been my experience, though a short time ago I was too simple to realize it.”

“Yes,” Tom said. They went into detail, noting the Consul’s instructions about the great family Bible, about his diamond buttons, and many, many other matters.

Justus Kröger and Herr Marcus stopped for supper.

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 Certain keys are peculiarly suited to the flute; thus the flat keys, especially D♭ and A♭, are most effective in pathetic or elegaic adagio movements. In lively brisk movements the sharp keys, especially E and B, are brilliant, sparkling, and effervescent. Drouet's favourite key was G, a rather difficult one on his old German flute; Nicholson preferred F.

The ancients used the flute in cases of certain complaints, epilepsy, sciatica, gout, and to cure the bite of a viper; and Galen advises that the instrument be played on the suffering part. It was supposed also to soften the rigour of punishment, and the Tyrrhenians scourged their slaves to the sound of flutes. The medical profession has in recent times recognised that flute-playing (in moderation) is decidedly beneficial to the health, and is especially valuable as strengthening the chest and lungs, owing to the deep but not excessive inhalations it necessitates. Flute-playing has often been ordered by doctors as a cure for a tendency to pulmonary disease, as in the case of Böhm himself.


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Page Seven unfortunately, died before its full completion, the work being finished by his trustees. The major portion of the headworks, comprising the dam, intake, supply tunnel, surge tank, and road diversion required round the lake, were included in one contract, and let to Mr. W. Williamson, of Christchurch, who subsequently took contracts for the concrete supports required for the pipe line, and also for the erection of the power house building.

The dam is a reinforced concrete structure of the arched type, of 90 feet radius, the top standing 120 feet above the bottom of the foundation and 107 feet above the old river bottom. The thickness at the base is 14 feet, amd this reduces till at a point 35 feet from the top it is 4 feet, this thickness continuing to the top. Naturally, the structure looked very slender whilst being erected, but it has already been severely tested by floods, and no fears need be entertained as to its stability. The dam is designed to divert surplus water over by-washes provided on side at a level of 15 feet below the top of the dam, and, owing to the nature of the country on the right bank, it has proved necessary to construct a massive concrete wall there to confine the water to an area having a goold rock foundation. The intake is a reinforced concrete chamber attached to the dam, and furnished along one side with four 6 feet x 4 feet gate openings situated some 20 below the by-wash level.

On the other side of the chamber is the entrance to the supply tunnel, which delivers the water through a spur to the surge chamber. This tunnel is 6ft. 6in. wide by 6ft. 6in. high and some 460 feet long, and is lined throughout with concrete of thickness varying from 3 inches te 12 inches.

The surge chamber links the tunnel to the pipe line and is a circular reinforced concrete structure, 45 feet high and 33 feet in diameter. It is provided with two openings, one for attaching the steel pipe now installed, and the other available for fitting a second pipe when the growth of the load makes this a necessity.

The pipe openings are cach controlled by a pair of 6ft. x 4ft. gates o ted by gear placed on the top of the tank. The pipe line which carries the water from the surge tank to the house, where the turbines are located, was supplied and erected by the Dunedin Engineering Company. It is wholly of steel, the diameter being 5ft. 3in. and the length 316 feet, the support being provided by reinforced concrete pedestals.

The power-house building is also of concrete, and is 43ft. 6in. long by 25 feet wide, the roof top being about 60 feet above river level. It has two floors, one for the turbines 8 feet above ordinary water level, and the second for the generators and

Mr. G. F. MacLEAN, A.A.I.E.E., Resident Engineer, Marlborough Power Board.

Mr. W. WILLIAMSON, of Christchurch, Contractor for the Headworks.

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the beginning of February, 1856, after eight years’ absence, Christian Buddenbrook returned to the home of his fathers. He arrived in the post-coach from Hamburg, wearing a yellow suit with a pattern of large checks, that had a distinctly exotic look. He brought the bill of a swordfish and a great sugar-cane, and received the embraces of his mother with a half-embarrassed, half absent air.

He wore the same air when, on the next afternoon after his arrival, the family went to the cemetery outside the Castle Gate to lay a wreath on the grave. They stood together on the snowy path in front of the large tablet on which were the names of those resting there, surrounding the family arms cut in the stone. Before them was the upright marble cross that stood at the edge of the bare little churchyard grove. They were all there except Clothilde, who was at Thankless, nursing her ailing father.

Tony laid the wreath on the tablet, where her father’s name stood on the stone in fresh gold letters: then, despite the snow, she knelt down by the grave to pray. Her black veil played about her, and her full skirt lay spread out in picturesque folds. God alone knew how much grief and religious emotion—and, on the other hand, how much of a pretty woman’s self-conscious pleasure—there was in the bowed attitude. Thomas was not in the mood to think about it. But Christian looked sidewise at his sister with a mixture of mockery and misgiving, as if to say: “Can you really carry that off? Shan’t you feel silly when you get up? How uncomfortable!” Tony caught this look as she rose, but she was not in the least put out. She tossed her head back, arranged

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RV 260 (BUDDENBROOKS) her veil and skirt, and turned with dignified assurance to go; whereupon Christian was obviously relieved.

The deceased Consul’s fanatical love of God and of the Saviour had been an emotion foreign to his forebears, who never cherished other than the normal, every-day sentiments proper to good citizens. The two living Buddenbrooks had in their turn their own idiosyncrasies. One of these appeared to be a nervous distaste for the expression of feeling. Thomas had certainly felt the death of his father with painful acuteness, much as his grandfather had felt the loss of his. But he could not sink on his knees by his grave. He had never, like his sister Tony, flung himself across the table sobbing like a child; and he shrank from hearing the heart-broken words in which Madame Grünlich, from roast to dessert, loved to celebrate the character and person of her dead father. Such outbursts he met with composed silence or a reserved nod. And yet, when nobody had mentioned or was thinking of the dead, it would be just then that his eyes would fill with slow tears, although his facial expression remained unchanged.

It was different with Christian. He unfortunately did not succeed in preserving his composure at the naive and childish outpourings of his sister. He bent over his plate, turned his head away, and looked as though he wanted to sink through the floor; and several times he interrupted her with a low, tormented “Good God, Tony!” his large nose screwed into countless tiny wrinkles.

In fact, he showed disquiet and embarrassment whenever the conversation turned to the dead. It seemed as though he feared and avoided not only the indelicate expression of deep and solemn feeling, but even the feeling itself.

No one had seen him shed a tear over the death of his father; and his long absence alone hardly explained this fact. A more remarkable thing, however, was that he took his sister Tony aside again and again to hear in vivid detail the events

RV 260 (260)


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RV 261 (BUDDENBROOKS) of that fatal afternoon; for Madame Grünlich had a gift of lively narration.

“He looked yellow?” he asked for the fifth time. “What was it the girl shrieked when she came running in to you? He looked quite yellow, and died without saying another word? What did the girl say? What sort of sound was it he made?” Then he would be silent—silent a long time—while his small deep-set eyes travelled round the room in thought.

“Horrible,” he said suddenly, and a visible shudder ran over him as he got up. He would walk up and down with the same unquiet and brooding eyes. Madame Grünlich felt astonished to see that her brother, who for some unknown reason was so embarrassed when she bewailed her father aloud, liked to reproduce with a sort of dreadful relish the dying efforts to speak which he had inquired about in detail of Lina the maid-servant.

Christian had certainly not grown better looking. He was lean and pallid. The skin was stretched over his skull very tightly; his large nose, with a distinct hump, stuck out fleshless and sharp between his cheek-bones, and his hair was already noticeably scantier. His neck was too thin and long and his lean legs decidedly bowed. His London period seemed to have made a lasting impression upon him. In Valparaiso, too, he had mostly associated with Englishmen; and his whole appearance had something English about it which somehow seemed rather appropriate. It was partly the comfortable cut and durable wool material of his clothing, the broad, solid elegance of his boots, his crotchety expression, and the way in which his red-blond moustache drooped over his mouth. Even his hands had an English look: they were a dull porous white from the hot climate, with round, clean, short-trimmed nails.

“Tell me,” he said, abruptly, “do you know that feeling—it is hard to describe—when you swallow something hard, the

RV 261 (261)


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Early ComposersLoeilletMercyBlavetQuantzClassical ComposersFlautist ComposersKuhlauHis SuccessorsGood flute musicTaste of the publicAirs with variationsDopplerTerschakModern School of Flute ComposersFlute and Harp or GuitarFlute and Voice.

flute has a more extensive repertoire than any other wind instrument; it is the best adapted for the drawing-room, being the least powerful and pronounced in tone.

One of the first to write regular solos for the flute was Jean Baptiste Loeillet (1653-1728), a native of Ghent, who is said to have been the first virtuoso to play the transverse flute in England (1705). He lived in Hart Street, Covent Garden, where he held a weekly concert, at which Corelli's concertos were heard for the first time in England. He was the first flute in the orchestra of the Haymarket Theatre, and taught both the flute and the harpsichord. He died worth £16,000. Loeillet wrote numerous sonatas for one or two flutes, or flute and oboe, with bass, and for two flutes alone. Many of these compositions are preserved in the British Museum,


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Rh But only when on form and word obscure
 * Falls from above the white supernal light
 * We read the mystic characters aright,

And life informs the silent portraiture, Until we pause at last, awe-held, before The One ineffable Face, love, wonder, and adore.


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RV 262 (BUDDENBROOKS) wrong way, and it hurts all the way down your spine?” His whole nose wrinkled as he spoke.

“Yes,” said Tony; “that is quite common. You take a drink of water—”

“Oh,” he said in a dissatisfied tone. “No, I don’t think we mean the same thing.” And a restless look floated across his face.

He was the first one in the house to shake off his mourning and re-assume a natural attitude. He had not lost the art of imitating the deceased Marcellus Stengel, and he often spoke for hours in his voice. At the table he asked about the theatre—if there were a good company and what they were giving.

“I don’t know,” said Tom, with a tone that was exaggeratedly indifferent, in order not to seem irritated. “I haven’t noticed lately.”

But Christian missed this altogether and went on to talk about the theatre. “I am too happy for words in the theatre. Even the word ‘theatre’ makes me feel happy. I don’t know whether any of you have that feeling. I could sit for hours and just look at the curtain. I feel as I used to when I was a child and we went in to the Christmas party here. Even the sound of the orchestra beforehand! I would go if only to hear that and nothing more. I like the love scenes best. Some of the heroines have such a fetching way of taking their lovers’ heads between their hands. But the actors—in London and Valparaiso I have known a lot of actors. At first I was very proud to get to know them in ordinary life. In the theatre I watched their every movement. It is fascinating. One of them says his last speech and turns around quietly and goes deliberately, without the least embarrassment, to the door, although he knows that the eyes of the whole audience are on his back. How can he do that? I used to be continually thinking about going behind the scenes. But now I am pretty much at home there, I must say. Imagine: once, in an operetta—it was in London—the curtain went up one evening when I was on the stage! I was talking with Miss Water- RV 262 (262)


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 and some have recently been republished in Paris. They are specially interesting as being the oldest flute solos now in print. An Englishman of French extraction named Louis Merci or Mercy (1690- 1750), who lived in Orange Court, Castle Street, Leicester Fields, would appear to have been the first British composer of solos for the flute, any of whose music still exists. Some of his flute solos can be seen in the British Museum. In his preface, Merci asserts the superiority of the flute to the violin, as equally capable of doing hard things and less loud or harsh in the high notes. He seems, however, to have always retained a hankering fondness for the recorder (his original instrument); and along with Stanesby (a famous wind instrument maker of that day) he devised a new system of non-transposing recorder.

Michel Blavet (1700-1768), a native of Besançon, gained a very high reputation by his playing, as both Quantz and Voltaire have testified. Frederick the Great tried in vain to retain his services. Blavet (who was left-handed) was principal flute in the Paris Opera House. He composed six sonatas for the flute, with figured bass (1732), and also some duets for two flutes. The sonatas have been recently republished, edited by L. Fleury for flute and pianoforte. They are in the Handelian style, each consisting of four or five short movements, chiefly in early dance measures, of a simple and tuneful character, and absolutely devoid of subtleties or intricacies of any kind.

The first German composer of original pieces for the flute was J.J. Ouantz, who wrote his first six sonatas


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RV 263 (BUDDENBROOKS) house, a very pretty girl. Well, suddenly there was the whole audience! Good Lord, I don’t know how I got off the stage.”

Madame Grünlich was the only one who laughed, to speak of, in the circle round the table. But Christian went on, his eyes wandering back and forth. He talked about English café-chantant singers; about an actress who came on in powdered wig, and knocked with a long cane on the ground and sang a song called: “That’s Maria.” “Maria, you know—Maria is the most scandalous of the lot. When somebody does something perfectly shocking, why—‘that’s Maria’—the bad lot, you know—utterly depraved!” He said this last with a frightful expression and raised his right hand with the fingers formed into a ring.

“Assez, Christian,” said the Frau Consul. “That does not interest us in the least.”

But Christian’s gaze flickered absently over her head; he would probably have stopped without her suggestion, for he seemed to be sunk in a profound, disquieting dream of Maria and her depravity, while his little round deep eyes wandered back and forth.

Suddenly he said: “Strange—sometimes I can’t swallow. Oh, it’s no joke. I find it very serious. It enters my head that perhaps I can’t swallow, and then all of a sudden I can’t. The food is already swallowed, but the muscles—right here—they simply refuse. It isn’t a question of will-power. Or rather, the thing is, I don’t dare really will it.”

Tony cried out, quite beside herself: “Christian! Good Lord, what nonsense! You don’t dare to make up your mind to swallow! What are you talking about? You are absurd!”

Thomas was silent. But the Frau Consul said: “That is nerves, Christian. Yes, it was high time you came home; the climate over there would have killed you in the end.”

After the meal Christian sat down at the little harmonium that stood in the dining-room and imitated a piano virtuoso. He pretended to toss back his hair, rubbed his hands, and looked around the room; then, without a sound, without

RV 263 (263)


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 in 1734. As Court musician to Frederick the Great, Quantz composed about three hundred flute concertos (the last is said to have been completed by the king himself after Quantz's death), two hundred flute solos, and numerous other works. The vast majority remain still in MS. in the Royal Library at Potsdam. A couple of the concertos, however, have been published. These have a quaint old-world, and somewhat ecclesiastical, flavour; they are dignified and melodious, exhibiting powerful treatment of the bass, careful and clever harmony, and skilfulskillful [sic] handling of the solo instrument; though Burney (c. 1770) considered them old-fashioned and commonplace. A movement from one of Quantz's concertos was played by M. Dumon, on a single-keyed ivory flute, at the Inventions Exhibition in London in 1885.

The great composers have written very little for the flute as a solo instrument. The six sonatas of J. S. Bach, for flute and pianoforte (c. 1747), are amongst the treasures of the flute-player's library, and are in every respect quite worthy of the great master. Though lying chiefly within the first two octaves of the flute, they are by no means easy of execution; abounding in the arpeggios, rapid runs and groups of notes so characteristic of Bach. Frequent use is made of the low notes down to D below the stave, and they contain no cadenzas or passages for the flute alone. Handel has also written half a dozen sonatas for flute and figured bass. They are by no means so difficult as those of Bach. Handel


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 likewise very seldom travels above the first two octaves, but he occasionally gives the flute some bars by itself. They are tuneful and playable, but present no features of special importance.

Haydn's chief contribution is a Sonata for flute or violin and pianoforte, containing a celebrated Adagio. This graceful work has many rapid passages for the flute, and it ascends to the top B′′′♭, a note which is also reached in Mozart's flute concerto in G. Mozart wrote two concertos for the flute, which are frequently performed, and some short trifles for flute and pianoforte.

It was long thought that, save some themes (op. 105, 107) and an arrangement (op. 41) of his Serenade (op. 25), Beethoven wrote no solos for the flute. Quite recently, however, Mr. Ary van Leeuwen of Vienna discovered in the Royal Library, Berlin, the MS. of a Sonata in E flat, the title-page of which is said to be certainly in Beethoven's handwriting, though the score is not. It bears no opus number, but if really composed by Beethoven it is clearly an early work. Weber's solitary contribution is a pretty but quite unimportant Romaniza Siciliana, and the same may be said of Mendelssohn's Hirtenlied, of which the flute part only was found among his MSS. Schubert has written an exceedingly difficult duet for flute and pianoforte (op. 160); an introduction and seven variations on the song Trockene Blumen. This piece was written in 1824, probably to display the powers of Ferdinand Bogner, an accomplished flautist. Doppler, who was a personal


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 friend of Schubert, played this work in Vienna in 1862 with great success.

Amongst composers of the second rank, Rameau, Hoffmeister, Hummel, Kucken, Kalliwoda, and Molique have all written solos for the flute.

This practically exhausts the repertoire of the flute by elder composers whose names, at any rate, are familiar to the general musical public. No doubt the reason why it is so limited is to be found in the defective nature of the instrument till comparatively recent times.

A German enthusiast some years ago compiled a list of flute music of all kinds then existing, in which some 7,500 items are specified. The bulk of these are the work of flautists, many of whose names even(such as Devienne, an indefatigable composer who wrote a work for ten wind instruments at the age of ten: he died in a lunatic asylum)are quite unknown outside the flute-playing world, and whose compositions no longer exist. The earliest flautist-composer, whose works may still be said to live, is Antoine Tranquille Berbiguier, a most prolific but somewhat unequal writer; his compositions number over 200. Many abound in delicious melody and display vigour of imagination and very considerable depth of feeling. As an old writer says, "He captivates every description of players; and to him may be applied, with slight alteration, the emphatic words which Rousseau used in speaking of Gluck, "Que le chant lui sortait par les pores." Though many of his solos


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 are of the "air with variations" type, he has also written some original pieces of great beauty.

The greatest of all flautist-composers was Kuhlau, whose classical compositions have deservedly earned for him the proud title, "The Beethoven of the flute," and many of his works undoubtedly show the influence of that great master, and would be quite worthy of him. Frederick Daniel Rodolphe Kuhlau was born in 1786 at the village of Uelzen in Luneburg, Hanover. At an early age, his mother sent him one dark winter's evening to draw water at the fountain; on the way thither he fell and injured one eye so much that he lost the sight of it. He studied the pianoforte, the flute, and other instruments at Hamburg. In order to avoid the Conscription of 1810, Kuhlau moved to Copenhagen, where he became Chamber Musician to the King, and in 1813 set about to revive the Danish opera. His operas were eminently successful. They had a pronounced national character, and skilfully introduced many of the famous old Danish folk-songs and national scenery. The King, voicing the popular enthusiasm, bestowed on him the title of Professor to the Faculty of Royal Danish Court Composers. Meanwhile Kuhlau had removed to Lyngbye, a little town near Copenhagen. In 1830, his housea wooden structurewas burned and many valuable MSS. destroyed. Under this catastrophe his health gave way and he died on the 12th of March, 1832. A march of his own composition was performed at his funeral, which was one of great pomp.


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A NEW DIRECTION—FLEXIBLE RESPONSE

$1$ Public Papers of the Presidents of the United States: John F. Kennedy, 1961 (Washington, D.C: Government Printing Office, 1962), p. 401.

$2$ Robert A. Doughty, The Evaluation of US Army Tactical Doctrine, 1946–76: Leavenworth Papers (Fort Leavenworth, Kans.; Combat Studies Institute, 1979), p. 19.

$3$ Modern Mobile Army 1965–1970 (U) (Short Titles MOMAR 1), (Fort Monroe, Va.: Continental Army Command, 1960), DAMH-HSO; Gordon B. Roger, "Ground Mobility," Armor 69 (Sep–Oct 1960): 24–26.

$4$ Ltr, OCofS to CG, CONARC, 16 Dec 60, sub; Reorganization of Infantry and Armored Divisions and Creation of a Mechanized Division, Division General file, DAMH-HSO.

$5$ Ibid.; Interview, author with Col George Sedberry, 19 Jun 78, DAMH-HSO; Memo, George Donmis for General Starry, sub: Historical Background of Three Versus Four Companies, 16 May 69, Historical Office, U.S. Army Training and Doctrine Command (TRADOC).

$6$ Interview, author with Eddleman, 18 Sep 74, DAMH-HSO; J, Perret-Gential, "Divisions—Three or Five Elements?" Military Review 41 (Feb 1961); 16–25.

$7$ Ltr, CG, CONARC, to CofS, 1 Mar 61, sub: Reorganization Objective Army Divisions 1961–1965, ATCG 322 (Div), Division General file, DAMH-HSO; Reorganization Objective Army Divisions 1965 (hereafter cited as ROAD 65) (Fort Monroe, Va.: U.S. Army Continental Army Command, 1960). Some speculate that the ROAD concept was worked out at the Army War College before Eddleman instructed the command to undertake the study. (See Memo, Donmis to Starry, sub: Historical Background on Three Versus Four Companies.)

$8$ ROAD 65, Annex E.

$9$
Ibid., Annex A.

$10$
Ibid.. Annex E, Annex F.

$11$
Ibid., Annex B.

$12$
Ltr, G–3, CONARC, to DCofS for Military Operations, DA, 10 Apr 61, sub: Preparation of TOE for ROAD-65 Concept, ATTNG-O&E 320.3, and Ltr, CofS to CG, CONARC, 13 Apr 61, sub: Reorganization of Army Divisions, both Division General file, DAMH-HSO.

$13$
TOE 7E (Draft), Infantry Division, undated; TOE 17E (Drafi), Armored Division, undated; and TOE 37E (Drafi), Mechanized Infantry Division, undated.

$14$
Memo for Record, CONARC, Combat Developments Plans Division, 23 Mar 61. sub: DCSOPS Preliminary Report to the Vice Chief of Staff on "Reorganization Objective Army Division 1965 (ROAD-65)," ATSWD-P 322 (Army), Division General file, DAMH-HSO.

$15$
Reorganization Objective Army Divisions 1965 (ROAD-65) Airborne Division (Fort Monroe, Va.: Continental Army Command, 1961), DAMH-HSO.

$16$
CONARG, "Summary of Major Events and Problems, FY 1962," vol, 3, pp. 3–7, DAMH-HSR; TOE 57E, Airborne Division, 15 Aug 1963.

$17$
Ltr, CONARC to DCofS for Military Operations, 31 May 61, sub: ROAD-65 Type Brigade (Separate, Airborne), ATSND-P 322 (Div), and Ltr, CONARC to Commandant, U.S. Armor School, 28 Sep 61, sub: Separate Brigade Organizations Under ROAD, ATTNG-D&R (Div), both Brigade General file, DAMH-HSO.

$18$
Ltr, Powell to Eddleman, 23 Feb 61, Division General file, DAMH-HSO.

$19$
Kennedy, Papers of the Presidents, 1961, p. 401.

$20$
Ibid., pp. 533–36; DA Bull 5, 1961,

$21$
Robert W. Coakley, Walter G. Hermes, James F. Schnabel, and Earl F. Ziemke, "U.S. Army Expansion and Readiness, 1961–1962." Ms, ch. 11, DAMH-HSR, The Strategic Army Force (STRAF) was comprised of units to provide a mobilization expansion base, a source of trained units and replacements to support forces deployed overseas, and a combat-ready element designed to serve as a readily available force for use wherever needed,

$22$
Ibid.; Executive Order 10957, DA Bull 5, 1961; Department of the Army, Forces in Depth, "One Army" in Action, 1961–1962 (Washington, D.C.: n.p., 1962) (hereafter cited as


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I am directing the Secretary of Defense to undertake a reorganization and modernization of the Army's divisional structure, lo increase its non-nuclear firepower, to improve its tactical mobility in any environment, to insure its flexibility to meet any direct or indirect threat, to facilitate its coordination with our major allies, and to provide more modern mechanized divisions in Europe and bring their equipment up to date, and [to provide] new airborne brigades in both the Pacific and Europe. President John F, Kennedy

President John F. Kennedy ushered in the era of "flexible response" in 1961, deciding that the threat of a general nuclear war had become remote, but that the possibility of brush-fire wars had increased. To meet the varied challenges of the era, the Army soon abandoned pentomic structures and struck out in new directions. Eventually divisions with a standard divisional base and interchangeable maneuver elements—infantry, mechanized infantry, airborne infantry, and armor battalions—emerged as a means of tailoring units for service in diverse environments, The idea theoretically resulted in more flexible forces and divisions that took full advantage of new equipment, in particular new tanks, armored personnel carriers, and helicopters. International events delayed immediate reorganization, and when the Army was able to act, constraints on personnel and funds forced the adoption of many compromises in the structure of the divisions that emerged.

To move beyond the unrealistic PENTANA concept of a universal division, General Bruce C. Clarke, commander of the Continental Army Command, put his staff to work in early 1959 on a new organizational model, the "Modern Mobile Army 1965 (MOMAR-1)." Clarke, who had served as General Maxwell D, Taylor's deputy in Korea, believed the Army of the future had to be capable of operating effectively on both nuclear and nonnuclear battlefields anywhere in the world against a variety of threats, Its units had to be capable of fighting independently or semi-independently under a diverse set of geographical and climatic conditions. Furthermore, he believed that conventional firepower had to be increased and tactical mobility and maneuverability improved, primarily by using armor-protected vehicles and aircraft.


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Rh No critics these: they only see An old and kindly friend in me, In whose amused, indulgent look Their innocent mirth has no rebuke. They scarce can know my rugged rhymes, The harsher songs of evil times, Nor graver themes in minor keys Of life’s and death’s solemnities; But haply, as they bear in mind Some verse of lighter, happier kind,— Hints of the boyhood of the man, Youth viewed from life’s meridian, Half seriously and half in play My pleasant interviewers pay Their visit, with no fell intent Of taking notes and punishment.

As yonder solitary pine Is ringed below with flower and vine, More favored than that lonely tree, The bloom of girlhood circles me. In such an atmosphere of youth I half forget my age’s truth; The shadow of my life’s long date Runs backward on the dial-plate, Until it seems a step might span The gulf between the boy and man.

My young friends smile, as if some jay On bleak December’s leafless spray Essayed to sing the songs of May. Well, let them smile, and live to know, When their brown locks are flecked with snow, ’T is tedious to be always sage And pose the dignity of age, While so much of our early lives On memory’s playground still survives, And owns, as at the present hour, The spell of youth’s magnetic power.

But though I feel, with Solomon, ’T is pleasant to behold the sun, I would not if I could repeat A life which still is good and sweet; I keep in age, as in my prime, A not uncheerful step with time, And, grateful for all blessings sent, I go the common way, content To make no new experiment. On easy terms with law and fate, For what must be I calmly wait, And trust the path I cannot see,— That God is good sufficeth me. And when at last on life’s strange play The curtain falls, I only pray That hope may lose itself in truth, And age in Heaven’s immortal youth, And all our loves and longing prove The foretaste of diviner love!

The day is done. Its afterglow Along the west is burning low. My visitors, like birds, have flown; I hear their voices, fainter grown, And dimly through the dusk I see Their kerchiefs wave good-night to me,— Light hearts of girlhood, knowing naught Of all the cheer their coming brought; And, in their going, unaware Of silent-following feet of prayer: Heaven make their budding promise good With flowers of gracious womanhood!

my drift-wood fire I sit,
 * And see, with every waif I burn,

Old dreams and fancies coloring it,
 * And folly’s unlaid ghosts return.


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472  O ships of mine, whose swift keels cleft
 * The enchanted sea on which they sailed,

Are these poor fragments only left
 * Of vain desires and hopes that failed?

Did I not watch from them the light
 * Of sunset on my towers in Spain,

And see, far off, uploom in sight
 * The Fortunate Isles I might not gain?

Did sudden lift of fog reveal
 * Arcadia’s vales of song and spring,

And did I pass, with grazing keel,
 * The rocks whereon the sirens sing?

Have I not drifted hard upon
 * The unmapped regions lost to man,

The cloud-pitched tents of Prester John,
 * The palace domes of Kubla Khan?

Did land winds blow from jasmine flowers,
 * Where Youth the ageless Fountain fills?

Did Love make sign from rose blown bowers,
 * And gold from Eldorado’s hills?

Alas! the gallant ships, that sailed
 * On blind Adventure’s errand sent,

Howe’er they laid their courses, failed
 * To reach the haven of Content.

And of my ventures, those alone
 * Which Love had freighted, safely sped,

Seeking a good beyond my own,
 * By clear-eyed Duty piloted.

O mariners, hoping still to meet
 * The luck Arabian voyagers met,

And find in Bagdad’s moonlit street,
 * Haroun al Raschid walking yet,

Take with you, on your Sea of Dreams,
 * The fair, fond fancies dear to youth.

I turn from all that only seems,
 * And seek the sober grounds of truth.

What matter that it is not May,
 * That birds have flown, and trees are bare,

That darker grows the shortening day,
 * And colder blows the wintry air!

The wrecks of passion and desire,
 * The castles I no more rebuild,

May fitly feed my drift-wood fire,
 * And warm the hands that age has chilled.

Whatever perished with my ships,
 * I only know the best remains;

A song of praise is on my lips
 * For losses which are now my gains.

Heap high my hearth! No worth is lost;
 * No wisdom with the folly dies.

Burn on, poor shreds, your holocaust
 * Shall be my evening sacrifice!

Far more than all I dared to dream,
 * Unsought before my door I see;

On wings of fire and steeds of steam
 * The world’s great wonders come to me,

And holier signs, unmarked before,
 * Of Love to seek and Power to save,—

The righting of the wronged and poor,
 * The man evolving from the slave;

And life, no longer chance or fate,
 * Safe in the gracious Fatherhood.

I fold o’er-wearied hands and wait,
 * In full assurance of the good.

And well the waiting time must be,
 * Though brief or long its granted days,

If Faith and Hope and Charity
 * Sit by my evening hearth-fire’s blaze.

And with them, friends whom Heaven has spared,
 * Whose love my heart has comforted,

And, sharing all my joys, has shared
 * My tender memories of the dead,—

Dear souls who left us lonely here,
 * Bound on their last, long voyage, to whom

We, day by day, are drawing near,
 * Where every bark has sailing room.

I know the solemn monotone
 * Of waters calling unto me;

I know from whence the airs have blown
 * That whisper of the Eternal Sea.

As low my fires of drift-wood burn,
 * I hear that sea’s deep sounds increase,

And, fair in sunset light, discern
 * Its mirage-lifted Isles of Peace.


text: The Complete Poetical Works of John Greenleaf Whittier/Burning Drift-Wood


text: The Complete Poetical Works of John Greenleaf Whittier/R. S. S., at Deer Island on the Merrimac


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RV 264 (BUDDENBROOKS) touching the bellows—for he could not play in the least, and was entirely unmusical, like all the Buddenbrooks—he bent quite over and began to belabour the bass, played unbelievable passages, threw himself back, looked in ecstasy at the ceiling, and banged the key-board in a triumphant finale. Even Clara burst out laughing. The illusion was convincing; full of assurance and charlatanry and irresistible comicality of the burlesque, eccentric English-American kind; so certain of its own effect that the result was not in the least unpleasant.

“I have gone a great deal to concerts,” he said. “I like to watch how the people behave with their instruments. It is really beautiful to be an artist.”

Then he began to play again, but broke off suddenly and became serious, as though a mask had fallen over his features. He got up, ran his hand through his scanty hair, moved away, and stood silent, obviously fallen into a bad mood, with unquiet eyes and an expression as though he were listening to some kind of uncanny noise.

“Sometimes I find Christian a little strange,” said Madame Grünlich to her brother Thomas, one evening, when they were alone. “He talks so, somehow. He goes so unnaturally into detail, seems to me—or what shall I say? He looks at things in such a strange way; don’t you think so?”

“Yes,” said Tom, “I understand what you mean very well, Tony. Christian is very incautious—undignified—it is difficult to express what I mean. Something is lacking in him—what people call equilibrium, mental poise. On the one hand, he does not know how to keep his countenance when other people make naive or tactless remarks—he does not understand how to cover it up, and he just loses his self-possession altogether. But the same thing happens when he begins to be garrulous himself, in the unpleasant way he has, and tells his most intimate thoughts. It gives one such an uncanny feeling—it is just the way people speak in a fever, isn’t it? Self-control and personal reserve are both lacking in the same way. Oh, the thing is quite simple: Christian busies himself

RV 264 (264)


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 Kuhlau, on the 2nd September, 1825, visited Beethoven at Baden. After a pleasant day in the open air they wound up with a supper party, at which Kuhlau extemporised a canon, to which Beethoven responded at once. Next morning, however, the latter wrote to Zinesball the following note:

"My good friend, I had scarcely got home when I bethought me of the stuff I may have written yesterday. Give the enclosed to Kuhlau." The enclosed letter contained this canon which is one continuous pun on

the name "Kuhlau":"I must admit that the champagne went a little to my head yesterday, and I learned once more from experience, that such things rather prostrate than promote my energies; for, though able to respond fluently at the moment, still I can no longer recall what I wrote yesterday. Sometimes bear in mind your attached Beethoven" (Nohl's Letters of Beethoven).

Kuhlau certainly did more than any other composer to raise the standard of flute-music, and Sir G. Macfarren says he is one of the lights of modern art and ranks him with Schubert. One can play his eighteen sonatas for flute and pianoforte day after day with increased pleasure: they never pall. A great feature


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RV 265 (BUDDENBROOKS) too much with himself, with what goes on in his own insides. Sometimes he has a regular mania for bringing out the deepest and the pettiest of these experiences—things a reasonable man does not trouble himself about, or even want to know about, for the simple reason that he would not like to tell them to any one else. There is such a lack of modesty in so much communicativeness. You see, Tony, anybody, except Christian, may say that he loves the theatre. But he would say it in a different tone, more en passant, more modestly, in short. Christian says.it in a tone that says: ‘Is not my passion for the stage something very marvellous and interesting?’ He struggles, he behaves as if he were really wrestling to express something supremely delicate and difficult.”

“I’ll tell you,” he went on after a pause, throwing his cigarette through the wrought-iron lattice into the stove: “I have thought a great deal about this curious and useless self-preoccupation, because I had once an inclination to it myself. But I observed that it made me unsteady, hare-brained, and incapable—and control, equilibrium, is, at least for me, the important thing. There will always be men who are justified in this interest in themselves, this detailed observation of their own emotions; poets who can express with clarity and beauty their privileged inner life, and thereby enrich the emotional world of other people. But the likes of us are simple merchants, my child; our self-observations are decidedly inconsiderable. We can sometimes go so far as to say that the sound of orchestra instruments gives us unspeakable pleasure, and that we sometimes do not dare try to swallow—but it would be much better, deuce take it, if we sat down and accomplished something, as our fathers did before us.”

“Yes, Tom, you express my views exactly. When I think of the airs those Hagenströms put on—oh, Heavens, what truck! Mother doesn’t like the words I use, but I find they are the only right ones. Do you suppose they think they are the only good family in town? I have to laugh, you know; I really do.”

RV 265 (265)


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head of the firm of Johann Buddenbrook had measured his brother on his arrival with a long, scrutinizing gaze. He had given him passing and unobtrusive observation during several days; and then, though he did not allow any sign of his opinion to appear upon his calm and discreet face, his curiosity was satisfied, his mind made up. He talked with him in the family circle in a casual tone on casual subjects and enjoyed himself like the others when Christian gave a performance. A week later he said to him: “Well, shall we work together, young man? So far as I know, you consent to Mamma’s wish, do you not? As you know, Marcus has become my partner, in proportion to the quota he has paid in. I should think that, as my brother, you could ostensibly take the place he had—that of confidential clerk. What your work would be—I do not know how much mercantile experience you have really had. You have been loafing a bit, so far—am I right? Well, in any case, the English correspondence will suit you. But I must beg one thing of you, my dear chap. In your position as brother of the head of the house, you will actually have a superior position to the others; but I do not need to tell you that you will impress them far more by behaving like their equal and doing your duty, than you will by making use of privileges and taking liberties. Are you willing to keep office hours and observe appearances?”

And then he made a proposal in respect of salary, which Christian accepted without consideration, with an embarrassed and inattentive face that betrayed very little love of gain and a great zeal to settle the matter quickly. Next day Thomas led

RV 266 (266)


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RV 267 (BUDDENBROOKS) him into the office; and Christian’s labours for the old firm began.

The business had taken its uninterrupted and solid course after the Consul’s death. But soon after Thomas Buddenbrook seized the reins, a fresher and more enterprising spirit began to be noticeable in the management. Risks were taken now and then. The credit of the house, formerly a conception, a theory, a luxury, was consciously strained and utilized. The gentlemen on ’Change nodded at each other. “Buddenbrook wants to make money with both hands,” they said. They thought it was a good thing that Thomas had to carry the upright Friederich Wilhelm Marcus along with him, like a ball and chain on his foot. Herr Marcus’ influence was the conservative force in the business. He stroked his moustache with his two fingers, punctiliously arranged his writing materials and glass of water on his desk, looked at everything on both sides and top and bottom; and, five or six times in the day, would go out through the courtyard into the wash-kitchen and hold his head under the tap to refresh himself.

“They complement each other,” said the heads of the great houses to each other; Consul Heneus said it to Consul Kistenmaker. The small families echoed them; and the dockyard and warehouse hands repeated the same opinion. The whole town was interested in the way young Buddenbrook would “take hold.” Herr Stuht in Bell Founders’ Street would say to his wife, who knew the best families: “They balance each other, you see.”

But the personality of the business was plainly the younger partner. He knew how to handle the personnel, the ship-captains, the heads in the warehouse offices, the drivers and the yard hands. He could speak their language with ease and yet keep a distance between himself and them. But when Herr Marcus spoke in dialect to some faithful servant it sounded so outlandish that his partner would simply begin to laugh, and the whole office would dissolve in merriment.

Thomas Buddenbrook’s desire to protect and increase the

RV 267 (267)


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 is the extremely interesting pianoforte accompaniments; they give full opportunity to the flautist and to the pianist alike for the display of executive skill. The Adagio movements are specially beautiful. These admirably constructed and brilliant works (written chiefly, it is said, at the desire of an enthusiastic amateur flautist) display the most thorough technical knowledge of the instrument.

Kuhlau was a voluminous composer, and over two hundred of his works are still in existence. They are a complete refutation of the assertion so frequently made, that there is no really good music written for the flute. This statement merely displays the ignorance of those who make it. We have already seen that several of the greatest composers have written for the instrument; and Kummer, Furstenau, Gabrielsky, Walckiers, following in the footsteps of Kuhlau, have left behind them a mass of original flute compositions, much of which is of a high order of merit, whilst in more recent times quite a number of works, worthy to be ranked as "classical," have appeared.

The origin of this idea that flute music is all trifling rubbish is not far to seek; not only was the flute in its earlier stages a very imperfect instrument, but the


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RV 268 (BUDDENBROOKS) prestige of the old firm made him love to be present in the daily struggle for success. He well knew that his assured and elegant bearing, his tact and winning manners were responsible for a great deal of good trade.

“A business man cannot be a bureaucrat,” he said to Stephan Kistenmaker, of Kistenmaker and Sons, his former school-fellow. He had remained the oracle of this old playmate, who listened to his every word in order to give it out later as his own. “It takes personality—that is my view. I don’t think any great success is to be had from the office alone—at least, I shouldn’t care for it. I always want to direct the course of things on the spot, with a look, a word, a gesture—to govern it with the immediate influence of my will and my talent—my luck, as you call it. But, unfortunately, personal contact is going out of fashion. The times move on, but it seems to me they leave the best behind. Relations are easier and easier; the connections better and better; the risk gets smaller—but the profits do too. Yes, the old people were better off. My grandfather, for example—he drove in a four-horse coach to Southern Germany, as commissary to the Prussian army—an old man in pumps, with his head powdered. And there he played his charms and his talents and made an astonishing amount of money, Kistenmaker. Oh, I’m afraid the merchant’s life will get duller and duller as time goes on.”

It was feelings like these that made him relish most the trade he came by through his own personal efforts. Sometimes, entirely by accident, perhaps on a walk with the family, he would go into a mill for a chat with the miller, who would feel himself much honoured by the visit; and quite en passant, in the best of moods, he would conclude a good bargain. His partner was incapable of that sort of thing.

As for Christian, he seemed at first to devote himself to his task with real zest and enjoyment, and to feel exceptionally well and contented. For several days he ate with RV 268 (268)


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 players were also mediocre. Hawkins, writing in 1776, is very severe on the poor flute. Soon after his day, it was considerably improved and many of its defects remedied. At the same time a number of skilled performers appeared, and the flute entered on a golden age. Nicholson, Richardson, Drouet, Tulou, Demersseman (who wrote solos of terrific difficulty), Farrenc, Briccialdi, and other virtuosi were in turn delighting the public both in England and on the continent by their brilliant performances. The flute became the fashionable instrument; everybody who desired to be thought "a gentleman" played it "after a fashion." It was so portable, so convenient; also it was so much in keeping with the romantic Byronically gloomy bearing then in vogue. The public taste was not educated: it was the age of the air variée. The great professional soloists naturally played the kind of music (?) which pleased their auditors and pupils most. Every suitable or unsuitable operatic air, every Welsh, Irish, Scottish, or English tune, was adapted by them for the flute, and tortured into all sorts of interminable scales and exercises yclept variations, with double-tongueing, skips from the highest to the lowest notes and such-like tricks; written to show off the executive skill of the


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 performer and to make the audience wonder how it was all done.

These were the pieces that filled the programmes at public concerts. Even at the London Philharmonic Concert in 1847, Ciardi chose as his solo his own fantasia on Lucia de Lammermoor, and at a concert at the Argyle Rooms on June 24th, 1829 (at which Mendelssohn's overture to Midsummer Night's Dream was seasonably performed for the first time in England, conducted by Mendelssohn in person), Drouet played his own variations on an air from one of Weber's operas and on God Save the King. As a sample of the criticism of the day let me quote Mr. James' description of the last-named solo:

"Here we have an abundance of difficulty in each variation. The first is made of running passages, and requires every note to be distinctly articulated; and it is, perhaps, the most arduous of the whole five, for no performance short of perfection can make it effective. The air is preserved most admirably throughout, and yet there is nothing far-fetched, or that baffles the instrument to accomplish. The third variation is one of quite a different character. It is composed of octaves, and abounds with chromatic passages. The flute executes the one with the greatest precision, and there is no instrument in use among us which can accomplish the other with finer effect. The last variation of this distinguished piece is admirably calculated for the display of the instrument. It might be called a solfeggio passage; for the upper notes give distinctly the air, while an accompaniment is going on in the under ones In this piece we have almost every difficulty, in three octaves, which music is capable of comprehending."

The following very amusing description of this "here we go up, up, up, and here we go down, down, down"


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 style of composition was given in Musical Opinion, 1890:

"Air first, then common chord variation (staccato), 'runs' variation, slow movement with a turn between every other two notes, and pump handle shakes that wring tears of agony from the flute; then the enormously difficult finale, in which you are up in the air on one note, then drop with a bang, which nearly breaks you, on to low C♮, only to bounce up again, hold on to a note, shake it (wring its neck, in fact), scatter it in all directions and come sailing down triumphantly on a chromatic (legato) with a perfect whirlpool of foaming notes, only to be bumped and pushed about until you are exhasuted. Some dear old soul of eighty summers, sitting among the listeners, remarks that 'she remembers hearing it when she was a girl, played by her father, who was really a good performer on the flute, and such a lovely flute he had, too: all inlaid with mother-of-pearl.'"

When this was the kind of thing performed by the great Tritons of the day, of course the smaller fry and the amateurs (often incompetent and of the pale-young-curate type) followed their leadat a considerable distance. Hence arose a general idea that this was the only kind of music that the flute was capable of rendering; in fact, one inquirer asked if there was any other piece ever written for the instrument besides "There's nae luck" with variationsso exclusively had he heard it both in public and private.

This writing of shallow fantasias on operas, airs varied, and melodies "with embellishments" and ear-torturing effects, or imitations of the movements of butterflies or swallows, or of the noise of mills, spinning-wheels, etc., still continues to flourish, especially in Italy. One modern Italian composer (Galli) is


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 for no less than four hundred, but he has been beaten by a German, W. Popp (a pupil of Drouet), who probably has written more than any flute composer, ancient or modern; his works exceed five hundred opus numbers.

Happily, however, numerous compositions of a higher class exist. These works are somewhat in the nature of original fantasias; and, all things considered, are perhaps the best calculated to show off the beauties of the flute. R. S. Pratten, the famous English player, may be said to have inaugurated this description of piece in his famous Concertstück, in which he substitutes elaborate counterpoint for variations. F. Doppler has written several extremely effective, though difficult, solos of this class. All his pieces are very florid and abound in cadenzas for the flute; their chief defect is the thinness of the pianoforte accompaniments. This fault, however, cannot be found with the majority of the solos of Adolf Terschakthe most prolific and also the favourite composer of pieces of this description; he has written over two hundred of them. They vary considerably in excellence, many being, as Böhm said, "like Terschak himself, much ado about nothing," and some of his later efforts are more like studies or finger exercises than solos. But many of his earlier compositions (such as Bahillard and La Siréne) are full of ear-haunting melody, and have rarely been equalled. Not only are they admirably written for, and extremely playable on the flute, but also the accompaniments are full and


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 grateful to the pianist. Another composer of the same class is Luigi Hugues, an Italian whose works deserve to be better known in this country.

Within the past ten years quite a new school of composers has arisen, who seem destined to give renewed life to the flute as a solo instrument. Their work is characterised often by extreme modernity and abounds in subtle and unusual harmonies, frequent changes of key and rhythm, etc. In many cases the pianoforte part (the weak point with most of the older flautist-composers) is quite as important as the flute part; the two being interwoven, as it were. Some of these composers (such as Rössler, Verhey, Buchner, Langer) have adopted the regular sonata or concerto form, in three or four movements, with great success. Their works are, as a rule, of very considerable difficulty, and are mostly "made in Germany." Others, chiefly French, have, as a rule, adopted much shorter forms, especially the Romance. Their pieces are of a more simple type; they often possess a certain elegaic or pastoral charm; soft and unobtrusive, abounding more in pianissimo than in forte passages. Many of them are veritable "songs without words." The chief writers of this class are Joachim Andersen and J. Donjon. Several of the compositions of the latter show the flute at its best; they are very distinctive, and I know of no others in exactly the same style. Donjon makes most effective use of the low register, notably in his fine Offertoire (op. 12). The pieces I have referred to afford


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 ample scope for the display of tone, of phrasing, of expression, and happily these are now more highly valued than mere virtuosity and digital dexterity. The flute is daily becoming more and more used to convey the ideas of modern composers of note. The days of what Mr. Collard terms, "ear-tickling fantasias," with their jog-trot accompaniment, are numbered: flute-players now "tune their pipe to loftier strains."

The flute and harp is a very happy combination, the sustained notes of the flute contrasting well with the pizzicato of the harp. Mozart wrote a concerto for these instruments, and several modern French composers have adopted it. Haydn wrote a trio for flute, harp, and bass. At one time quite a number of pieces were written for flute and guitar, many of which were performed by Pratten, whose wife was an accomplished guitarist. But the combination is never heard in England now, probably owing to the dearth of guitar-players.

The flute was formerly much used in obligatos, not only in operas, oratorios and cantatas, but also in songs. But nowadays it is only on rare occasions that a flute obligato is heard on the concert-platform; when it is, it is nearly always the mad scena from Lucia de Lammermoor or Bishop's song, ''Lo! hear the Gentle Lark''. It is remarkable that modern song-composers have not paid more attention to the possibilities of flute obligatos. The instrument is admiraby adapted,


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 owing to its sympathetic tone, to accompany the human voice (especially a light soprano), and in the hands of a skilful player blends so perfectly that it is often well-nigh impossible to distinguish the notes of the singer from those of the flautist. In order to be really effective, the obligato must be one specially written for the flute. Adaptations from the violin or violoncello are generally unsuited to the flute and do not bring out its best effects; they are, as a rule, too tame. Light, sparkling, bravura songs, with arpeggios and echoing, or imitative passages between voice and flute, are the most effective.

The majority of songs with flute obligatofrom Handel's Sweet Bird (Il Penseroso) to Terschak's Nightingalerefer more or less directly to birds; but an attempt to reproduce their song is dangerous, and one feels inclined to say with Philip of Macedon, "I prefer the nightingale herself." Many were specially composed for great singers, and are too high and florid for ordinary voices; but amongst those of a simpler character and within average powers, Laville's The Brookside, De Jong's Twilight Carol, and Madame Chaminade's Portrait (for a tenor voice) deserve mention.


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historic functions and processes of courts of law". In the joint judgment in Bass v Permanent Trustee Co Ltd their Honours said:

"Judicial power involves the application of the relevant law to facts as found in proceedings conducted in accordance with the judicial process." (emphasis added; footnote omitted)

There are elements of the judicial process which can be said, at least in a metaphorical way, to play a part in maintaining public confidence in the courts irrespective of their relationship to the actual outcome of the process. The appearance of impartiality is one such. In North Australian Aboriginal Legal Aid Service Inc v Bradley the joint judgment quoted with approval the observation by Gaudron J in Ebner v Official Trustee in Bankruptcy :

"Impartiality and the appearance of impartiality are necessary for the maintenance of public confidence in the judicial system."

The somewhat elusive criterion of "public confidence" is in some cases, such as the appearance of bias, subsumed in what a fair and reasonable observer would think. The courts nevertheless depend in a real sense upon public confidence in the judicial system to maintain their authority. The maintenance of that authority depends, inter alia, upon that element of the judicial process which requires that parties before the court be given and be seen to be given a fair hearing. It is necessary to a fair hearing that the court be attentive to the evidence presented by the parties and to the submissions which they make. The appearance of unfairness in a trial can constitute a "miscarriage of justice" within the ordinary meaning of that term.

The appearance of a court not attending to the evidence and arguments of the parties and control of the conduct of the proceedings is an appearance which would ordinarily suggest to a fair and reasonable observer that the judicial process is not being followed. That is not to say that every minor distraction, inattention, sign of fatigue or even momentary sleepiness constitutes a failure of the judicial function. The courts are human institutions operated by human beings and there must be a margin of appreciation for human limitations. Otherwise the judicial system would be rendered unworkable by the imposition

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of unachievable standards. Nevertheless, it would be an unnecessarily narrow view of the judicial duty to say that appeal courts are to judge such lapses solely by reference to their effects upon the outcome of the case. In so saying, it must be accepted that the question will ordinarily fall for consideration in the application of statutory language, in this case the common form provision for criminal appeals reflected in s 6(1) of the Criminal Appeal Act.

The standards to which courts are held and to which they hold themselves have become higher in recent times. Lord Steyn, giving the opinion of the Appellate Committee of the House of Lords in Lawal v Northern Spirit Ltd, said:

"What the public was content to accept many years ago is not necessarily acceptable in the world of today. The indispensable requirement of public confidence in the administration of justice requires higher standards today than was the case even a decade or two ago."

In a jury trial it is not the judge but the jury which finds the facts. It reaches a verdict by applying to the facts the law as explained to it by the judge. But the judge's function in such a trial is not exhaustively described by saying that he or she rules on questions of law including the admissibility of evidence, sums up to the jury, directs the jury on matters of law and otherwise acts as a kind of referee between prosecution and defence. These are all attributes of a more broadly expressed function of supervision and control of and participation in the trial process. That is a function which has long been understood. It requires no less a standard of attentiveness to the evidence and the conduct of the trial generally than the standard applicable to a judge sitting alone. Indeed, because of the involvement of the jury it requires more.

In Capital Traction Company v Hof the Supreme Court of the United States described the concept of trial by jury in language, which it approved, from the District Court of the United States :

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"The Constitution secures a trial by jury, without defining what that trial is. We are left to the common law to learn what it is that is secured. Now the trial by jury was, when the Constitution was adopted, and for generations before that time had been, here and in England, a trial of an issue of fact by twelve men, under the direction and superintendence of the court. This direction and superintendence was an essential part of the trial."

The temporary absence of a judge from the court during a trial by jury has been held, in United States cases, to be a fatal flaw in process on the basis that the court ceases to be constituted as a court. That flaw is linked to the indispensability of the judge's presence supervising and controlling the trial :

"A defendant convicted under such circumstances has been deprived of his liberty without due process of law."

It is difficult to distinguish in principle between the physical absence of a judge from the courtroom and sleep episodes which effect substantial discontinuities in the judge's superintendence and control of the trial. If it be accepted that the supervision and control of the trial by the judge is indispensable to trial by jury there is no requirement for present purposes to inquire whether its absence can be characterised as a failure to maintain a duly constituted court capable of exercising federal jurisdiction. Nor is it necessary to inquire whether its absence amounts to a failure to meet the constitutional guarantee of trial by jury. It suffices for present purposes that such a failure can be characterised as a miscarriage of justice by reference to common law concepts of trial by jury and what such trials necessarily entail. There are other dimensions going beyond the want of supervision and control to the effect of the judge's conduct upon his or her authority with the jury, the respect or lack of respect which its members may have for the trial process and, beyond that again, to public confidence in the courts.

Against this general background it is necessary to have regard to the words "miscarriage of justice" in s 6(1) of the Criminal Appeal Act and to the words of the proviso which authorises the Court of Criminal Appeal to dismiss the appeal if it considers that "no substantial miscarriage of justice has actually occurred".

Section 6(1) of the Criminal Appeal Act is a common form of statutory provision for criminal appeals which traces its legislative ancestry back to s 4(1) of the Criminal Appeal Act 1907 (UK). The history of that provision and its

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antecedents and the consequences of that history for its application were considered by this Court in Weiss v The Queen. What that history revealed was that, before the introduction of the proviso by s 4(1) of the 1907 UK Act, a miscarriage of justice under the pre-existing Exchequer rule "was any departure from trial according to law, regardless of the nature or importance of that departure" (emphasis in original). When miscarriage of justice is seen in that light the word "substantial" has a function.

Weiss is authority for the proposition that the question whether an appellant may have lost a fair chance of acquittal is one to be considered under the proviso. It is not a necessary condition of the conclusion that there has been a "miscarriage of justice" as that term is used in "the dragnet ground" in s 6(1). Observations about the necessity of such a condition have been made in earlier cases and must be seen in the light of the approach taken by the whole Court in Weiss.

The earlier case of TKWJ v The Queen concerned a decision by defence counsel not to adduce evidence as to the good character of an accused nor to seek an advance ruling as to the admission of adverse evidence in response. There was no defect in the instructions to the jury nor in the procedures followed at trial. As Hayne J pointed out, the question of "miscarriage of justice" in that case directed attention to the result of the trial. Counsel's decision was significant only if it affected the result of the trial. The case is not authority for the proposition that the loss of a chance of acquittal is a necessary condition of the existence of a miscarriage of justice.

Weiss involved the admission of irrelevant but prejudicial evidence. In that context the Court in Weiss defined the task of criminal appeal courts applying the proviso. The task so defined requires their consideration of the whole of the record to reach an independent conclusion on whether the appellant

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was guilty beyond reasonable doubt of the offence on which the impugned verdict has been reached. There may be cases, nevertheless, in which there is a process failure of such significance that, whatever the apparent weight of the evidence against the accused person, it cannot be said that there has not been a substantial miscarriage of justice. That may be because the process failure has deprived the appeal court of the capacity to assess whether the appellant may have lost a fair chance of an acquittal. That proposition is supported by dicta in Simic v The Queen.

In Simic, the Court said, in relation to s 568(1) of the Crimes Act 1958 (Vic):

"It is true that an appellant who claims that the trial judge misstated the facts to the jury must, if his appeal is to succeed, show that there was a miscarriage of justice. But since an accused person has a fundamental right to a fair trial, conducted in accordance with law, the fact that the case has not been properly presented to the jury will in some circumstances be enough to show that a miscarriage has occurred."

In TKWJ, McHugh J said that this dictum suggested that in some cases a material irregularity would itself constitute a miscarriage of justice. The context of the dictum suggested that in such a class of case there was no question of applying the proviso. However, the Court in Simic had also held that the onus was on the appellant to show that the misdirection which had occurred amounted to a miscarriage of justice. McHugh J concluded :

"Thus, Simic holds that, in most cases of misdirection on facts, the appellant has the onus of establishing a misdirection, that it might have affected the verdict and that, if it had not been made, the jury might have acquitted the appellant. In some undefined categories of cases, however, the irregularity may be so material that of itself it constitutes a miscarriage of justice without the need to consider its effect on the verdict."

In Nudd the Court was concerned with a contention that incompetency of trial counsel had caused a miscarriage of justice. Gleeson CJ observed that "the concepts of justice, and miscarriage of justice, bear two aspects: outcome and

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 process" . He described the emphasis upon those two aspects as fundamental and familiar and continued :

"Some irregularities 'may' involve no miscarriage of justice if the appellate court forms a certain opinion about the strength of the case against the appellant. The corollary of that proposition is that a defect in process may be of such a nature that its effect cannot be overcome by pointing to the strength of the prosecution case. It is impossible to state exhaustively, or to define categorically, the circumstances in which such a defect will occur."

One such circumstance would arise where, as a result of the failure of process, the appellate court is deprived of the capacity justly to assess the strength of the case against the appellant. Gleeson CJ said :

"There may be other circumstances in which a departure from the requirements of a fair trial according to law is such that an appellate court will identify what occurred as a miscarriage of justice, without undertaking an assessment of the strength of the prosecution case. If there has been a failure to observe the conditions which are essential to a satisfactory trial and, as a result, it appears unjust or unsafe to allow a conviction to stand, then the appeal will be allowed."

Gummow and Hayne JJ saw "miscarriage of justice" in the common form of criminal appeal statute as encompassing a very wide variety of departures from the proper conduct of a trial. Their Honours said :

"Alleging that trial counsel was incompetent does not reveal what is said to be the miscarriage of justice. That requires consideration of what did or did not occur at the trial, of whether there was a material irregularity in the trial, and whether there was a significant possibility that the acts or omissions of which complaint is made affected the outcome of the trial." (footnotes omitted)

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Kirby J, enunciating an individual rights-based approach, stated, inter alia, that provision of such rights is not necessarily confined to cases where their deprivation results in adverse consequences that might not otherwise have occurred. In this context he referred to the judgment of the Ontario Court of Appeal in R v Joanisse where Doherty JA said:

"A reliable verdict may still be the product of a miscarriage of justice if the process through which that verdict was reached was unfair." (citations omitted)

Callinan and Heydon JJ agreed that the appeal should be dismissed notwithstanding counsel's incompetence on the basis that the appellant was not deprived of a chance of acquittal.

The case of incompetence of counsel which was considered in Nudd does not fall within the same category of defect of process as a failure of the judicial function. Nevertheless the approach taken in that case can be generalised to the identification of miscarriages of justice flowing from failure of process and to the application of the proviso.

There is support for the proposition that a failure of the judicial process may be so fundamental as to result in a trial which is incurably flawed. In Katsuno v The Queen Gaudron, Gummow and Callinan JJ referred to Maher v The Queen and Johns (Roger) v The Queen which they said "[a]t one level" concerned failures to comply with mandatory legislative provisions governing the constitution and authority of the jury. Their Honours went on, however, to say :

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"At another [level], as is clear from the judgment of the Court in Maher, they are concerned with 'failure to observe the requirements of the criminal process in a fundamental respect', of which the failure to observe mandatory provisions relating to the constitution and authority of the jury is but an example. A conviction simply cannot stand if the trial process is flawed in a fundamental respect." (footnotes omitted)

If there be a flaw in a fundamental respect such that the appearance of injustice is indelibly stamped on the process and its outcome from the point of view of a reasonable and informed observer, this may be expressed by saying that public confidence would be undermined if the conviction were allowed to stand.

A trial process "flawed in a fundamental respect" falls into that category. Such deficiencies in process constitute miscarriages of justice. It may be that such a deficiency raises a possibility that a chance of acquittal has been lost but is of such a nature that no inquiry under the proviso could resolve that question. In that case it cannot be said that there has been no substantial miscarriage of justice. In such a case the proviso cannot apply. It may be that the deficiency is of its nature "substantial" and warrants no further inquiry, under the proviso, into its effects upon the appellant's chances of acquittal.

It is perhaps a reflection of the human condition and the demanding nature and expectations of the judicial function that the phenomenon of the sleeping or apparently sleeping judge has a long history dating back to Plato's reference to "dozing judges".

Appellate courts in common law jurisdictions have deprecated judicial sleepiness where it has occurred. Nevertheless in reported cases in the United Kingdom, the United States and Canada there has been a tendency to focus on the practical effects of the judge's conduct on the trial process. In many of the cases this may be attributed, at least in part, to the brevity or inconsequential character of the incidents. In some cases failure by counsel to raise concerns at trial about the judge's condition has been a significant factor weighing against appellate intervention. (Footnote continues on next page)

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The general principle that a fair trial requires a judge to be attentive to the evidence and submissions of the parties was supported by the judgment of the Court of Appeal of England and Wales in Stansbury v Datapulse plc. Peter Gibson LJ (Latham LJ and Sir Martin Nourse agreeing) said:

"A member of a tribunal who does not appear to be alert to what is being said in the course of the hearing may cause that hearing to be held to be unfair, because the hearing should be by a tribunal each member of which is concentrating on the case before him or her. That is the position, as I see it, under English law, quite apart from the European Convention on Human Rights."

Peter Gibson LJ saw the proposition as reinforced by Art 6(1) of that Convention.

If, by reason of sleep episodes or serious inattention, the reality or the appearance exists that a trial judge has substantially failed to discharge his or her duty of supervision and control of the trial process in a trial by jury, then enough has been made out to establish a miscarriage of justice. The question whether there has been the reality or appearance of a substantial failure by the judge to perform his or her duty will require assessment of a number of factors including:

1. Whether the conduct of the judge can be said to have affected the outcome of the trial.

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2. Whether the conduct of the judge has created a risk that the outcome of the trial may have been affected.

3. Whether counsel raised the question of the trial judge's conduct at the trial.

4. Whether the jury appeared to have noticed or to have been distracted or otherwise affected by the judge's conduct.

None of these factors, taken by itself, is determinative. There is an overall assessment to be made in deciding whether a failure or apparent failure by the judge for whatever reason to attend to the duty of supervising and controlling the trial process amounts to a miscarriage of justice. In so saying it should be emphasised that the duty of counsel in a case of non-trivial inattention or sleep episodes is to draw these issues to the attention of the judge in the absence of the jury. The failure of counsel to do so may support an inference that the judge's conduct did not amount to a substantial failure in the judicial process at trial. However, it will not always be determinative.

In this case the facts, as found by Basten JA, were amply supported by the evidence taken before the Court of Criminal Appeal, which was reviewed earlier in these reasons. They indicated a substantial failure of the judicial process. The trial judge was asleep on a number of occasions on the 11 days when evidence was being given. He slept at least once on most of those days and on some days on two or three occasions. Some of the sleep episodes, possibly between two and five, lasted from 10 to 15 minutes. Most lasted between two and 10 minutes. The judge's sleeping was accompanied by heavy breathing on a number of occasions and he snored when Cesan was giving his evidence. This was disruptive and caused Cesan to look around at the trial judge. The judge also slept through parts of Mas Rivadavia's evidence. The jury was distracted by the judge's sleep episodes and some of the jury members found his behaviour amusing and even emulated it.

The fact that counsel at the trial did not draw the matter to the judge's attention does not, on the evidence in this case, appear to be based upon any assessment that the judge's conduct did not matter. Rather, it seemed it had been based on the defeatist proposition that nothing could be done.

In this case there was a miscarriage of justice by failure of the judicial process. It was constituted by the judge's substantial failure to maintain the necessary supervision and control of the trial. Further, his conduct created a distraction during the trial process. In particular it distracted the jury and led at least some of the members of the jury to regard the judge with amusement.

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 own suggestion. George Meredith, to whom I sent a copy, wrote me a very flattering because very high-minded letter. He has seen the 'City;' and though by no means sanguine with such a public as ours, he thinks it should float a volume. The admiration of so many excellent literary judges really surprises me All this about myself because I have nothing else to write about, going nowhere and seeing no one."

July 1, 1880, he writes:—

"Last Tuesday I spent with Meredith; a real red-letter day in all respects. He is one of those personalities who need fear no comparisons with their best writings."

Here is a passage from a letter dated January 5, 1881:—

"With Mr. Wright and Percy I went to George Eliot's funeral. It was wretched tramping through the slush and then standing in the rain for about three-quarters of an hour, with nothing to see but dripping umbrellas. I was disappointed by there being any chapel service at all. At the grave old Dr. Sadler mumbled something, of which only two or three words could be distinguished by us only a couple of yards behind him."

During the last two years of his life Thomson was frequently at Leicester, where he had many good friends, of whom Mr. J. W. Barrs was perhaps the most zealous. Here he was comparatively happy, as the following extract from a letter dated June 21, 1881, will show:—

"We are here four miles from Leicester, with railway station a few minutes off, in a pleasant villa surrounded


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 took their Names from it, as likewise that the finer Parts of the Coffee were floating in the Air which fill'd those Houses. This was prov'd, if any doubted it, by People's smelling the Coffee upon Entrance. It next enquir'd into the Nature of Politicks, and of the ordinary Discourse of Coffee-Houses, both which it prov'd to be of an hot and dry Constitution; whence 'twas inferr'd, that Coffee was the Cause of those Discourses from their Likeness. It was further hinted, that this Hypothesis of the Coffee floating in the Air, might account for those People's Behaviour who were not able to purchase a Dish of Coffee, since it is suppos'd that they are all endued with the Sense of Smelling, and that every Body knows how near the Brain, the Seat of all Sensation, the Nose is plac'd.

The Company just mention'd consisting of an He-Goat, an Hedgehog, and a Porcupine, the Matter in Debate was, whether there was any such Thing as Love; and whether any Persons ever kill'd themselves for Love. The Goat, by whose Looks and Discourse I discover'd that he was married, denied both the Questions, and said, That though History furnished us with many Instances of People that run into another World to look for a Mistress, yet a reasonable Man is not obliged to believe one Word of it, when he can assign another Cause for their so sudden Departure; as, that a Man may have his Pockets pick'd by a Female, and hang himself for the Loss of his Money, as many have done; or else, by watching for Entrance at a Back-Door, catch Cold, and spit Blood, whence silly People might think his Throat was cut; or, if a Man that was going to Sea had a Mind to learn to swim with his Cloaths on, if he should chance to be drown'd in learning, why, forsooth, he was in Love. He then argued like a Philosopher, and a married one too, from his own Experience, that there was no such Thing as Love; but what was so call'd, might be resolv'd into a De-


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The early history of Nepal is more or less legendary, and. the Gours, the Kanchi Kings, the Ahir Kings from Gujrath, and lastly the Kirat Kings are said to have ruled over Nepal during prehistoric times. The dawn of history proper for Nepal Was marked by the rule of Anshu Varma and Shiv Dev who were feudatories of Harsha Vardhan of Kanouj. The Thakurs from Naykot came next, but were ultimately replaced by King Nanya Dev. The Nepal era begins with Raghav Dev in the ninth century A.D. Nanya Dev is said to have introduced the Newars, a tribe bf Mongolian origin in the country, whose name is preserved in its present name 'Nepal'. By the eighteenth century A.D. Nepal was divided into three Newar Kingdoms: Bhatgaon, Khatmandu, and Patan. Little is known of the' earlier Bhatgaon Kings except their names and dates. Ratan Mall, the first of the Khatmandu Kings, was a great warrior who subdued the Thakur Chiefs and the Bhutia Kings of Tibet ; and he is said to have first introduced copper coinage in Nepal. In his reign the Mahomedans first attacked Nepal, but never had much success. A later King is said to have visited Delhi, and to have obtained permission to strike silver coin of the standard which is .still used in Nepal. This line of' Kings, however, did not continue much, longer than a century ; and the tract they then ruled became subject to Bhatgaon.

Early in the seventh century A.D. .the Khatmandu territory was divided between two sons of the seventh King of the ruling dynasty, one of whom continued to rule at Khatmandu, while the other ilived at Lalit Patan. , Ranjit Mall, King of Bhatgaon, in a quarrel with the other Kings, applied for assistance, to Prithwi Narayan, the crafty and brave King of the Gurkhas who are believed to have come from Rajputana after the fall of Chitor and settled in the hilly tracts "on the west of the great Valley. Prithwi Narayan availed himself with alacrity of the opportunity to interfere in the" affairs of Nepal, and began to advance; and Ranjit Mall discovered his mistake in inviting a stranger to intervene in his home feuds. Prithwi Narayan ultimately pushed his successes to their logical conclusion and captured Khatmandu. Patan and Bhatgaon: were taken in turn; and in 1769 A. D. the conquest of Nepal by the Gurkhas -was complete. Prithwi Narayan died in 1771 A. D., leaving behind .him two sons,. Pratap Singh and Bahadur Shah Singh. Pratap Singh succeeded to- the throne but died four years after; and quarrels ensued after his death, between his wife land his brother, for supremacy. Bahadur Shah, after an exile into British India, became Minister only on the death of the Rani in 1786 A.D. During his administration the dominions of Nepal we're extended by the annexation of various adjoining territories, until they comprised all the area from Bhutan to Kashmir, and from Tibet to the borders of the British provinces of Agra and Oudh.

The English gained an early opportunity at this time to intervene in the affairs of Nepal when Prithwi Narayan was pushing on his conquests, and they actually appointed Captain Kinloch to go with a small army to succour Ranjit Mall. He was, however, repulsed and the enterprise had to be abandoned. In consequence of the capture of Khatmandu by Prithwi Narayan in 1792 A.D., the Gurkhas came in conflict with the Chinese. The aggressions of the Gurkhas on the territories of the Chinese protectorate could not long be tolerated, and an army of 70,J3Q0 Chinamen was within 25 miles of Khatmandu.


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II At this, the Gurkhas opened negotiations with Jonathan Duncan, Resident at Benares, in the time of Lord Cornwallis, and offered to grant valuable commercial privileges to the English if they rendered only military help in return. Lord Cornwallis agreed to the tempting proposals, and Colonel Kirkpatrick was appointed to bring about a peace between the Gurkhas and the Chinese. Before the Kirkpatrick Mission had much advanced in its purpose, the Gurkhas had concluded an independent treaty with the Chinese. Colonel Kirkpatrick pursued the new relations which the English thought they had securely established with the Gurkhas, and entered the Khatmandu Valley; but the Gurkhas evaded all his overtures and he had to quit Nepal in 1793 A.D.

In 1795 A.D. there was a revolution in Nepal. Ran Bahadur Shah removed his uncle from his absolute regency and himself assumed the reigns of Government. For the next five years Nepal was the scene of the most barbarous outrages perpetrated by the new King. Again there was a revolution ; the nobles and chiefs of Nepal were disgusted with the state of affairs, and they united together to drive out Ran Bahadur who had to abdicate in favour of his sop. The exiled King took shelter in British India. The English had once more an opportunity to interpose themselves in the affairs of Nepal. They undertook to intercede and obtain a suitable settlement or a pension for Ran Bahadur and were also anxious to secure for themselves the enforcement of the treaty of 1792 A.D. Captain Knox, who was in charge of these negotiations, entered Nepal in 1.801 A.D. and was on the point of success, when the Queen of the exiled. Ran Bahadur returned to Khatmandu, drove away the Regent by the aid of popular support, and took the young King and the administration under her own care. The Durbar now turned its attention towards Captain Knox; and Lord Cornwallis had to dissolve his alliance with Nepal, since he found that nothing would come out of it. The Raja, though restored to power through the bold venture of his wife, again made himself odious, and was killed in a dispute with his brother. Now Bhimsen Thappa, a brave and shrewd adherent of the Rani, assumed the direction of affairs.

No sooner were the internal affairs settled than was the Nepalese Government confronted with the claim of the British Government arising out of the Gurkha aggressions on the British frontier. A joint Commission was fixed upon, which gave its decision in favour of the British Government, and the British Police actually occupied the debatable territory. The Gurkhas did not like this; they attacked the British stations; and British remonstrances proving useless, war was, formally declared in November 1814 A.D. During the early conduct of the war, British troops were repeatedly defeated ; but in 1815 A.D. Sir David Ochterlony assumed the chief command of the campaign and turned the tide of affairs. Amar Singh, the brave Gurkha General, and his son were hemmed in, and, had to sign a capitulation. They were allowed to return to Khatmandu after conceding the whole of the territory west of the Kali. A treaty of peace was being concluded in 1815 A. D. when the Durbar, disapproving of Amar Singh's action, decided to carry on the war with greater vigour. The Gurkhas made a brave resistance, but fearing that further successes on the part of the English would mean eternal subjection, they agreed in March 1816 A.D. to ratify and sign the treaty of peace of the previous year. By this treaty, the Gurkhas gave up all their latest conquests including Kumaun and the tracts now comprising Dehradun, Almora, and Simla.

The young Raja died in 181 6 A.D. and was succeeded by his infant son, Rajendra Vikramshah, under the guardianship of the Minister, Bhimsen Thappa. For more than fifteen years the Darbar was ruled by alternate factions giving rise to frequent feuds and outrages, till the famous Jung Bahadur murdered his uncle Matabar Singh,