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 furent utiles, et qu'il jeta de côté quand ils cessèrent de l'être. Qu'on ne se permette donc pas d'approcher du Sépulchre du Corse, avec sentiments de pitié, ou de souiller de larmes la pierre que couvre ses restes, son âme répudierait tout cela. On a dit, je le sais, qu'elle fut cruelle la main qui le sépara de sa femme, et de son enfant. Non, c'était une main qui, comme la sienne, ne tremblait ni de passion ni de crainte, c'était la main d'un homme froid, convaincu, qui avait su deviner Buonaparte; et voici ce que disait cet homme que la défaite n'a pu humilier, ni la victoire enorgueillir. 'Marie-Louise n'est pas la femme de Napoléon; c'est la France que Napoléon a épousée; c'est la France qu'il aime, leur union enfante la perte de l'Europe; voila la divorce que je veux; voila l'union qu'il faut briser.'

"La voix des timides et des traitres protesta contre cette sentence. 'C'est abuser du droits de la victoire! C'est fouler aux pieds le vaincu! Que l'Angleterre se montre clémente, qu'elle ouvre ses bras pour recevoir comme hôte son ennemi désarmé.' L'Angleterre aurait peutêtre écouté ce conseil, car partout et toujours il y a des âmes faibles et timorées bientôt séduites par la flatterie ou effrayées par le reproche. Mais la Providence permit qu'un homme se trouvât qui n'a jamais su ce que c'est que la crainte; qui aima sa patrie mieux que sa renommée; impénétrable devant les menaces, inaccessible aux louanges, il se présenta devant le conseil de la nation, et levant son front tranquille et haut, il osa dire: "Que la trahison se taise! car c'est trahir que de conseiller de temporiser avec Buonaparte. Moi je sais


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 his Ode on the death of Cadwallon, calls them "wearers of long blue robes."

The ovate or Ovydd, professing astronomy, medicine, &c. wore green, the symbol of learning, &s being the colour of the clothing of nature. Taliesin makes an ovate say, "with my robe of bright green, possessing a place in the assembly " The disciples of the orders wore variegated dresses of the three colours, blue, green, and white

The arch-druid or high-priest wore an oaken garland, surmounted sometimes by a tiara of gold. A bas-relief, found at Autun, represents two Druids in long tunics and mantles; one crowned with an oaken

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 ce que sont ces guerres dont l'Europe saigne encore, comme une victime sous le couteau du boucher. Il faut en finir avec Napoléon Buonaparte. Vous vous effrayez de tort d'un mot si dur! Je n'ai pas de magnanimité, dit-on? Soit! que m'importe ce qu'on dit de moi. Je n'ai pas ici à me faire une réputation de héros magnanime, mais à guérir si la cure est possible, l'Europe qui se meurt, épuisée de ressources et de sang, l'Europe dont vous négligez les vrais intérêts, préoccupés que vous êtes d'une vaine renommée de clémence. Vous êtes faibles. Eh bien! je viens vous aider. Envoyez Buonaparte à Ste. Héléne! n'hésitez pas, ne cherchez pas un autre endroit; c'est le seul convenable. Je vous le dis, j'ai réfléchi pour vous; c'est là qu'il doit être et non pas ailleurs. Quant à Napoléon, homme, soldat, je n'ai rien contre lui; c'est un Lion Royal, auprès de qui vous n'êtes que des Chacals. Mais Napoléon Empereur, c'est autre chose, je l'extirperai du sol de l'Europe.' Et celui qui parla ainsi toujours su garder sa promesse, celle-là, comme toutes les autres. Je l'ai dit, et je le répète, cet homme est l'égal de Napoléon par la génie; comme trempe de caractère, comme droiture, comme élévation de pensée et de but, il est d'une tout autre espèce. Napoléon Buonaparte était avide de renommée et de gloire; Arthur Wellesley ne se soucie ni de l'une, ni de l'autre; l'opinion publique, la popularité, étaient choses de grand valeur aux yeux de Napoléon; pour Wellington l'opinion publique est une rumeur, un rien que le souffle de son inflexible volonté fait disparaître comme une bulle de Savoy. Napoléon flattait le peuple; Wellington le


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 teeth in my head, but after cudgelling my memory I can make no more than the following stanzas." Scott, Sharpe's Ballad Book, 1880, p. 159.

copy of this ballad was printed in Cromek's Select Scottish Songs, Ancient and Modern, 1810 (D). A fragment, comprising the first half of the story, was inserted in "Lowran Castle, or the Wild Boar of Curridoo: with other Tales," etc., by Robert Trotter, Dumfries, 1822 (F). A complete copy was first given in Kinloch's Ancient Scottish Ballads, 1827 (G); another, described by the editor as made up from Cromek's fragment and two copies from recitation, in Motherwell's Minstrelsy, p. 36, later in the same year; and a third, closely resembling Kinloch's, in Buchan's Ballads of the North of Scotland, in 1828 (H). Three versions complete, or nearly so, and a fragment of a fourth are now printed for the first time, all from Motherwell's manuscripts (A, B, C, E).

The stanza about the auger bore [wimble bore], B 1, F 8, H 4, is manifestly out of place. It is found in 'The Whummil Bore' (see further on), and may have slipped into 'Hind Horn' by reason of its following, in its proper place, a stanza beginning, "Seven lang years I hae served the king:" cf. F 2, H 3.

G 17, 18, 21, 22, which are not intelligible in their present connection, are perhaps, as well as G 16, H 18–20, borrowed from some Robin Hood ballad, in which a change is made with a beggar.

The noteworthy points in the story of Hind Horn are these. Hind Horn has served the king seven years (D, F), and has fallen in love with his daughter. She gives Hind Horn a jewelled ring: as long as the stone keeps its color, he may know that she is faithful; but if it changes hue, he may ken she loves another man. The king is angry (D), and Hind Horn


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 brusque; l'un cherchait les applaudissements, l'autre ne se soucie que du témoignage de sa conscience; quand elle approuve, c'est assez; toute autre louange l'obsède. Aussi ce peuple, qui adorait Buonaparte, s'irritait, s'insurgeait contre la morgue de Wellington; parfois il lui témoigna sa colère et sa haine par des grognements, par des hurlements de bêtes fauves; et alors avec une impassibilité de sénateur Romaine, le moderne Coriolan, torsait du regard l'émeute furieuse; il croisait ses bras nerveux sur sa large poitrine, et seul, debout sur son seuil, il attendait, il bravait cette tempête populaire dont les flots venaient mourir à quelques pas de lui: et quand la foule honteuse de sa rébellion, venait lécher les pieds du maître, le hautain patricien méprisait l'hommage d'aujourd'hui comme la haine d'hier, et dans les rues de Londres, et devant son palais ducal d'Apsley, il repoussait d'un genre plein de froid dedain l'incommode empressement du peuple enthousiaste. Cette fierté néanmoins n'excluait pas en lui une rare modestie; partout il se soustrait à l'éloge; se dérobe au panégyrique; jamais il ne parle de ses exploits, et jamais il ne souffre qu'un autre que lui en parle en sa présence. Son caractere égale en grandeur et surpasse en vérité celui de tout autre héros ancien ou moderne. La gloire de Napoléon crût en une nuit, comme la vigne de Jonah, et il suffit d'un jour pour la flétrir; la gloire de Wellington est comme les vieux chênes qui ombragent le château de ses pères sur les rives du Shannon; le chêne croît lentement; il lui faut du temps pour pousser vers le ciel ses branches noueusses, et pour enfoncer dans le


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 took practical lessons in turning from a toymaker. After some time, thus diligently occupied, he returned to Alsace, to superintend the construction of the machinery for the new factory at Vieux-Thann, which was shortly finished and set to work. The operations of the manufactory were, however, seriously affected by a commercial crisis which occurred, and it passed into other hands, on which Heilmann returned to his family at Mulhouse.

He had in the mean time been occupying much of his leisure with inventions, more particularly in connexion with the weaving of cotton and the preparation of the staple for spinning. One of his earliest contrivances was an embroidering-machine, in which twenty needles were employed, working simultaneously; and he succeeded in accomplishing his object after about six months' labour. For this invention, which he exhibited at the Exposition of 1834, he received a gold medal, and was decorated with the Legion of Honour. Other inventions quickly followed—an improved loom, a machine for measuring and folding fabrics, an improvement of the "bobbin- and fly-frames" of the English spinners, and a weft winding-machine, with various improvements in the machinery for preparing, spinning, and weaving silk and cotton. One of his most ingenious contrivances was his loom for weaving simultaneously two pieces of velvet or other piled fabric, united by the pile common to both, with a knife and traversing apparatus for separating the two fabrics when woven. But by far the most beautiful and ingenious of his inventions was the combing-machine, the history of which we now proceed shortly to describe.


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 sol, ces racines profondes qui s'enchevêtrent dans les fondements solides de la terre; mais alors, l'arbre séculaire, inébranlable comme le roc où il a sa base, brave et la faux du temps et l'efforte des ventes et des tempêtes. Il faudra peutêtre un siècle à l'Angleterre pour qu'elle connaisse la valeur de son héros. Dans un siècle, l'Europe entière saura combien Weilington a de droit à sa reconnoissance."

How often in writing this paper "in a strange land," must Miss Brontë have thought of the old childish disputes in the kitchen of Haworth parsonage, touching the respective merits of Wellington and Buonaparte! Although the title given to her dévoirdevoir [sic] is, "On the Name of Napoleon," she seems yet to have considered it a point of honour rather to sing praises to an English hero than to dwell on the character of a foreigner, placed as she was among those who cared little either for England or for Wellington. She now felt that she had made great progress towards obtaining proficiency in the French language, which had been her main object in coming to Brussels. But to the zealous learner "Alps on Alps arise." No sooner is one difficulty surmounted than some other desirable attainment appears, and must be laboured after. A knowledge of German now became her object; and she resolved to compel herself to remain in Brussels till that was gained. The strong yearning to go home came upon her; the stronger self-denying will forbade. There was a great internal struggle; every fibre of her heart quivered in the strain to


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[Hōjōki] by Kamo no Chōmei

The flow of the river is ceaseless and its water is never the same. The bubbles that float in the pools, now vanishing, now forming, are not of long duration: so in the world are man and his dwellings It might be imagined that the houses, great and small, which vie roof against proud roof in the capital remain unchanged from one generation to the next, but when we examine whether this is true, how few are the houses that were there of old. Some were burnt last year and only since rebuilt; great houses have crumbled into hovels and those who dwell in them have fallen no less. The city is the same, the people are as numerous as ever, but of those I used to know, a bare one or two in twenty remain. They die in the morning, they are born in the evening, like foam on the water.

Whence does he come, where does he go, man that is born and


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 master her will; and, when she conquered herself, she remained, not like a victor calm and supreme on the throne, but like a panting, torn, and suffering victim. Her nerves and her spirits gave way. Her health became much shaken.

"Brussels, August 1st, 1843.

"If I complain in this letter, have mercy and don't blame me, for, I forewarn you, I am in low spirits, and that earth and heaven are dreary and empty to me at this moment. In a few days our vacation will begin; everybody is joyous and animated at the prospect, because everybody is to go home. I know that I am to stay here during the five weeks that the holidays last, and that I shall be much alone during that time, and consequently get downcast, and find both days and nights of a weary length. It is the first time in my life that I have really dreaded the vacation. Alas! I can hardly write, I have such a dreary weight at my heart; and I do so wish to go home. Is not this childish? Pardon me, for I cannot help it. However, though I am not strong enough to bear up cheerfully, I can still bear up; and I will continue to stay (D. V.) some months longer, till I have acquired German; and then I hope to see all your faces again. Would that the vacation were well over! it will pass so slowly. Do have the Christian charity to write me a long, long letter; fill it with the minutest details; nothing will be uninteresting. Do not think it is because people are unkind to me that I wish to leave Belgium; nothing


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 of the sort. Everybody is abundantly civil, but homesickness keeps creeping over me. I cannot shake it off. Believe me, very merrily, vivaciously, gaily, yours. "C. B."

The grandes vacances began soon after the date of this letter, when she was left in the great deserted pensionnat, with only one teacher for a companion. This teacher, a Frenchwoman, had always been uncongenial to her; but, left to each other's sole companionship, Charlotte soon discovered that her associate was more profligate, more steeped in a kind of cold, systematic sensuality, than she had before imagined it possible for a human being to be; and her whole nature revolted from this woman's society. A low nervous fever was gaining upon Miss Brontë. She had never been a good sleeper, but now she could not sleep at all. Whatever had been disagreeable, or obnoxious, to her during the day, was presented when it was over with exaggerated vividness to her disordered fancy. There were causes for distress and anxiety in the news from home, particularly as regarded Branwell. In the dead of the night, lying awake at the end of the long deserted dormitory, in the vast and silent house, every fear respecting those whom she loved, and who were so far off in another country, became a terrible reality, oppressing her and choking up the very life-blood in her heart. Those nights were times of sick, dreary, wakeful misery; precursors of many such in after years.


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 In the day-time, driven abroad by loathing of her companion and by the weak restlessness of fever, she tried to walk herself into such a state of bodily fatigue as would induce sleep. So she went out, and with weary steps would traverse the Boulevards and the streets, sometimes for hours together; faltering and resting occasionally on some of the many benches placed for the repose of happy groups, or for solitary wanderers like herself. Then up again—anywhere but to the pensionnat—out to the cemetery where Martha lay—out beyond it, to the hills whence there is nothing to be seen but fields as far as the horizon. The shades of evening made her retrace her footsteps—sick for want of food, but not hungry; fatigued with long continued exercise—yet restless still, and doomed to another weary, haunted night of sleeplessness. She would thread the streets in the neighbourhood of the Rue d'Isabelle, and yet avoid it and its occupant, till as late an hour as she dared be out. At last, she was compelled to keep her bed for some days, and this compulsory rest did her good. She was weak, but less depressed in spirits than she had been, when the school re-opened, and her positive practical duties recommenced.

She writes thus—

"October 13, 1843.

"Mary is getting on well, as she deserves to do. I often hear from her. Her letters and yours are one of my few pleasures. She urges me very much to leave


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 Brussels and go to her; but, at present, however tempted to take such a step, I should not feel justified in doing so. To leave a certainty for a complete uncertainty, would be to the last degree imprudent. Notwithstanding that, Brussels is indeed desolate to me now. Since the D.'s left, I have had no friend. I had, indeed, some very kind acquaintances in the family of a Dr., but they too are gone now. They left in the latter part of August, and I am completely alone. I cannot count the Belgians anything. It is a curious position to be so utterly solitary in the midst of numbers. Sometimes the solitude oppresses me to an excess. One day, lately, I felt as if I could bear it no longer, and I went to Madame Héger, and gave her notice. If it had depended on her, I should certainly have soon been at liberty; but M. Héger, having heard of what was in agitation, sent for me the day after, and pronounced with vehemence his decision, that I should not leave. I could not, at that time, have persevered in my intention without exciting him to anger; so I promised to stay a little while longer. How long that will be, I do not know. I should not like to return to England to do nothing. I am too old for that now; but if I could hear of a favourable opportunity for commencing a school, I think I should embrace it. We have as yet no fires here, and I suffer much from cold; otherwise, I am well in health. Mr. will take this letter to England. He is a pretty-looking and pretty behaved young man, apparently constructed without a backbone; by which I don't allude to his cor-


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 poral spine, which is all right enough, but to his character.

"I get on here after a fashion; but now that Mary D. has left Brussels, I have nobody to speak to, for I count the Belgians as nothing. Sometimes I ask myself how long shall I stay here; but as yet I have only asked the question; I have not answered it. However, when I have acquired as much German as I think fit, I think I shall pack up bag and baggage, and depart. Twinges of home-sickness cut me to the heart, every now and then. To-day the weather is glaring, and I am stupified with a bad cold and headache. I have nothing to tell you. One day is like another in this place. I know you, living in the country, can hardly believe it is possible life can be monotonous in the centre of a brilliant capital like Brussels; but so it is. I feel it most on holidays, when all the girls and teachers go out to visit, and it sometimes happens that I am left, during several hours, quite alone, with four great desolate school-rooms at my disposition. I try to read, I try to write; but in vain. I then wander about from room to room, but the silence and loneliness of all the house weighs down one's spirits like lead. You will hardly believe that Madame Héger (good and kind as I have described her) never comes near me on these occasions. I own, I was astonished the first time I was left alone thus; when everybody else was enjoying the pleasures of a fête day with their friends, and she knew I was quite by myself, and never took the least notice of me. Yet, I understand, she praises me very much to


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 everybody, and says what excellent lessons I give. She is not colder to me than she is to the other teachers; but they are less dependent on her than I am. They have relations and acquaintances in Bruxelles. You remember the letter she wrote me, when I was in England? How kind and affectionate that was? is it not odd? In the meantime, the complaints I make at present are a sort of relief which I permit myself. In all other respects I am well satisfied with my position, and you may say so to people who inquire after me (if any one does). Write to me, dear, whenever you can. You do a good deed when you send me a letter, for you comfort a very desolate heart."

One of the reasons for the silent estrangement between Madame Héger and Miss Brontë, in the second year of her residence at Brussels, is to be found in the fact, that the English Protestant's dislike of Romanism increased with her knowledge of it, and its effects upon those who professed it; and when occasion called for an expression of opinion from Charlotte Brontë, she was uncompromising truth. Madame Héger, on the opposite side, was not merely a Roman Catholic, she was dévote. Not of a warm or impulsive temperament, she was naturally governed by her conscience, rather than by her affections; and her conscience was in the hands of her religious guides. She considered any slight thrown upon her Church as blasphemy against the Holy Truth; and, though she was not given to open expression of her thoughts and feelings, yet her increasing coolness of


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 behaviour showed how much her most cherished opinions had been wounded. Thus, although there was never any explanation of Madame Héger's change of manner, this may be given as one great reason why, about this time, Charlotte was made painfully conscious of a silent estrangement between them; an estrangement of which, perhaps, the former was hardly aware. I have before alluded to intelligence from home, calculated to distress Charlotte exceedingly with fears respecting Branwell, which I shall speak of more at large when the realization of her worst apprehensions came to affect the daily life of herself and her sisters. I allude to the subject again here, in order that the reader may remember the gnawing, private cares, which she had to bury in her own heart; and the pain of which could only be smothered for a time under the diligent fulfilment of present duty. Another dim sorrow was faintly perceived at this time. Her father's eyesight began to fail; it was not unlikely that he might shortly become blind; more of his duty must devolve on a curate, and Mr. Brontë, always liberal, would have to pay at a higher rate than he had heretofore done for this assistance.

She wrote thus to Emily:—

"Dec. 1st, 1843.

"This is Sunday morning. They are at their idolatrous 'messe,' and I am here, that is in the Refectoire. I should like uncommonly to be in the dining-room at home, or in the kitchen, or in the back kitchen. I should like even to be cutting up the hash,


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 with the clerk and some register people at the other table, and you standing by, watching that I put enough flour, not too much pepper, and, above all, that I save the best pieces of the leg of mutton for Tiger and Keeper, the first of which personages would be jumping about the dish and carving-knife, and the latter standing like a devouring flame on the kitchen-floor. To complete the picture, Tabby blowing the fire, in order to boil the potatoes to a sort of vegetable glue! How divine are these recollections to me at this moment! Yet I have no thought of coming home just now. I lack a real pretext for doing so: it is true this place is dismal to me, but I cannot go home without a fixed prospect when I get there; and this prospect must not be a situation; that would be jumping out of the frying pan into the fire. You call yourself idle! absurd, absurd! Is papa well? Are you well? and Tabby? You ask about Queen Victoria's visit to Brussels. I saw her for an instant flashing through the Rue Royale in a carriage and six, surrounded by soldiers. She was laughing and talking very gaily. She looked a little stout, vivacious lady, very plainly dressed, not much dignity or pretension about her. The Belgians liked her very well on the whole. They said she enlivened the sombre court of King Leopold, which is usually as gloomy as a conventicle. Write to me again soon. Tell me whether papa really wants me very much to come home, and whether you do likewise. I have an idea that I should be of no use there—a sort of aged person upon the parish. I pray, with heart and


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Showing sites of engagements in the Maori campaigns


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increasing interest in the study of New Zealand's past emphasizes the need for a history of the wars with the Maoris since the establishment of British sovereignty and of the era of pioneering settlement and adventure, which was practically conterminous with those campaigns. Although there is in existence a considerable body of war-time literature written by participants in the conflicts, it is not possible to gather in any of the works on the subject a connected account of the successive outbreaks and campaigns which troubled the colony from 1845 to the beginning of 1872. Most of the printed narratives deal chiefly with events which came within the soldier-writers' own experiences, and other contributions to the story of the campaigns are scarcely written in the impartial spirit of the historian. Some of the earlier works, and even the blue-books, contain many statements which careful inquiries and a better understanding of the Maori side of the struggle have now demolished. Most of the useful books, moreover, are out of print, and the student who wishes to make a complete survey of the field of contact between pakeha and Maori is compelled to work through many volumes, pamphlets, and newspaper-files in the public libraries. The fragmentary and scattered nature of our war-time literature therefore necessitates this endeavour to provide a standard history in convenient compass.

The present is probably the most favourable moment for the historian of New Zealand's wars and the adventure-teeming life of the pioneer colonists. A sufficient time has elapsed for the episodes of our nation-making to be viewed in their correct perspective; there is a very large amount of printed matter and


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198 dies? We know not. For whose benefit does he torment himself in building houses that last but a moment, for what reason is his eye delighted by them? This too we do not know. Which will be first to go, the master or his dwelling? One might just as well ask this of the dew on the morning-glory. The dew may fall and the flower remain—remain, only to be withered by the morning sun. The flower may fade before the dew evaporates, but though it does not evaporate, it waits not the evening.

In the forty and more years that have passed since first I became aware of the meaning of things, I have witnessed many terrible sights. It was, I believe, the twenty-eighth day of the fourth month of 1177, on a night when the wind blew fiercely without a moment of calm, that a fire broke out toward nine o’clock in the southeast of the capital and spread northwest. It finally reached the gates and buildings of the palace, and within the space of a single night all was reduced to ashes. The fire originated in a little hut where a sick man lodged.

The fire fanned out as the shifting wind spread it, first in one direction and then another. Houses far away from the conflagration were enveloped in the smoke, while the area nearby was a sea of flames. The ashes were blown up into the sky, which turned into a sheet of crimson from the reflected glare of the fire, and the flames, relentlessly whipped by the wind, seemed to fly over two or three streets at a time. Those who were caught in the midst could not believe it was actually happening: some collapsed, suffocated by the smoke, others surrounded by flames died on the spot. Still others barely managed to escape with their lives, but could not rescue any of their property: all their treasures were turned into ashes. How much had been wasted on them!

Sixteen mansions belonging to the nobility were burnt, not to speak of innumerable other houses. In all, about a third of the capital was destroyed. Several thousand men and women lost their lives, as well as countless horses and oxen. Of all the follies of


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Rh manuscript at the writer's hand; and at the same time there are still with us many eye-witnesses of some of the most important events in New Zealand's history. Oral witness has its historical value, as Mr. George Macaulay Trevelyan has explained in his history "Garibaldi and the Thousand": "You cannot cross-examine a book or manuscript: that is the weakness of written evidence, which the presence of oral evidence rectifies to some degree." To this it may be added that an historian cannot thoroughly grip the spirit in which wars were waged, or appreciate to the full the motives and feelings of the contending forces, unless he has had some personal knowledge of the combatants, and has mingled with members of the warring parties. The psychology of the struggle will elude the writer who delays his work until the last veteran, the last pioneer, and the last Maori of the old school have gone from among us.

The foundation for this work of history-gathering was laid, unconsciously enough, in the writer's boyhood on a farthest-out farm on the King Country frontier. Since those youthful days on the battlefield of Orakau, where the shawl-kilted tattooed Maoris who had fought in the wars were familiar figures, and when the pakeha stalwarts who had carried rifle on many a bush war-path garrisoned the blockhouses and redoubts which still studded the Waikato border, the task of collecting the tales of old has been an often-renewed pleasure.

In the course of writing this History it was necessary to examine a very large amount of material in book form, in official documents, and in newspaper-files. It was necessary also to explore battlefields and sites of fortifications throughout the North Island. Veterans of the wars, European and Maori, were sought out, sometimes in the most remote places, and the field notes made on the scenes of engagements and sieges were often enhanced in value by the presence of soldiers, settlers, or natives who had fought there and who were able to describe the actions on the spot.

I take pleasure in recording here the names of those who gave valuable co-operation in this work. The History is due largely to the initiative of Dr. Thomson W. Leys, for many years editor of the Auckland Star and principal author of Brett's


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Rh "Early History of New Zealand," and also to the hearty assistance of the late Colonel T. W. Porter, C.B. The Hon. Sir Maui Pomare, M.P., gave much kind help in the native side of the narrative. With the guidance of Captain Gilbert Mair, N.Z.C., of Tauranga, many old fighting-trails were followed up and battle-grounds explored in the Rotorua, Bay of Plenty, and Urewera districts. In the Taranaki country Mr. William Wallace, of Meremere, and the late Colonel W. B. Messenger, of New Plymouth, gave similar assistance. Captain G. A. Preece, N.Z.C., contributed a very full and excellent diary account of the last military expeditions in the Urewera country, 1870–72; and the late Mr. S. Percy Smith, F.R.G.S., ex-Surveyor-General, lent his private journal from 1854 to 1869 and numerous Taranaki field-sketches and maps.

The following colonial soldiers, some of whom have since passed away, also assisted with narratives, diaries, plans, and other documents:—

Colonel J. M. Roberts, N.Z.C.; Colonel Stuart Newall, C.B.; Lieut.-Colonel A. Morrow; Lieut.-Colonel H. Parker; Major William G. Mair; Major D. H. Lusk; Major J. T. Large; Captain H. Northcroft, N.Z.C.; Captain C. Maling, N.Z.C.; Captain F. Mace, N.Z.C.; Captain J. R. Rushton; Captain Joseph Scott; Captain J. Stichbury; and numerous others.

The use of many historic pictures not hitherto published was given by Mr. Justice Chapman and Mr. H. Fildes, Wellington; Mr. H. E. Partridge, Auckland; Dr. P. Marshall, Mr. H. D. Bates, and Mr. T. W. Downes, Wanganui; Mrs. B. A. Crispe, Mauku; Mr. W. H. Skinner, New Plymouth; and others.

The late Alexander Turnbull, of Wellington, who bequeathed his library to the nation, was keenly interested in the compilation of this History, and in his kindly way placed all the material in his collection at my disposal, and searched out documents which threw additional light on events in New Zealand's "breaking-in" period.

I desire also to record the names of my principal Maori authorities, most of them veterans of the wars from 1845 onwards, who at various times gave information:—


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 soul, that all may continue well at Haworth; above all in our grey half-inhabited house. God bless the walls thereof! Safety, health, happiness, and prosperity to you, papa, and Tabby. Amen. "C. B."

Towards the end of this year (1843) various reasons conspired with the causes of anxiety which have been mentioned, to make her feel that her presence was absolutely and imperatively required at home, while she had acquired all that she proposed to herself in coming to Brussels the second time; and was, moreover, no longer regarded with the former kindliness of feeling by Madame Héger. In consequence of this state of things, working down with sharp edge into a sensitive mind, she suddenly announced to that lady her immediate intention of returning to England. Both M. and Madame Héger agreed that it would be for the best, when they learnt only that part of the case which she could reveal to them—namely, Mr. Brontë's increasing blindness. But as the inevitable moment of separation from people and places, among which she had spent so many happy hours, drew near, her spirits gave way; she had the natural presentiment that she saw them all for the last time, and she received but a dead kind of comfort from being reminded by her friends that Brussels and Haworth were not so very far apart; that access from one place to the other was not so difficult or impracticable as her tears would seem to predicate; nay, there was some talk of one of Madame Héger's daughters being sent to her


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Rh endeavor, none is more pointless than expending treasures and spirit to build houses in so dangerous a place as the capital.

Again, on the twenty-ninth day of the fourth moon of 1180, a great whirlwind sprang up in the northeast of the capital and violently raged as far south as the Sixth Ward. Every house, great or small, was destroyed within the area engulfed by the wind. Some were knocked completely flat, others were left with their bare framework standing. The tops of the gates were blown off and dropped four or five hundred yards away, and fences were swept down, making neighboring properties one. Innumerable treasures from within the houses were tossed into the sky; roofs of bark or thatch were driven like winter leaves in the wind. A smoke-like dust rose, blindingly thick, and so deafening was the roar that the sound of voices was lost in it. Even so must be the blasts of Hell, I thought.

Not only were many houses damaged or destroyed, but countless people were hurt or crippled while repairing them. The whirlwind moved off in a southwesterly direction, leaving behind many to bewail its passage. People said in wonder, “We have whirlwinds all the time, but never one like this. It is no common case—it must be a presage of terrible things to come.”

In the sixth month of the same year the capital was suddenly moved, a most unexpected occurrence. It had been hundreds of years since the reign of the Emperor Saga when the capital was fixed in Kyoto. The site of the capital was not a thing lightly to be changed without sufficient reason, and the people were excessively agitated and worried by the news.

However, complaints served no purpose and everyone moved, from the Emperor, his ministers, and the nobility on downward. Of


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Rh indent=2|

Ngapuhi Tribe: Ruatara Tauramoko; Ngakuru Pana, Rihara Kou; Rawiri te Ruru; Hone Heke, M.P.

Waikato tribes: Patara te Tuhi; Honana Maioha; Mahutu te Toko; Te Aho-o-te-Rangi; Hori Kukutai.

Ngati-Paoa (Hauraki): Hori Ngakapa te Whanaunga.

Ngati-Maniapoto (King Country): Tupotahi; Te Huia Raureti and his son Raureti te Huia; Pou-patate; Peita Kotuku; Te Rohu (Rewi Maniapoto's widow); Taniora Wharauroa.

Ngati-Raukawa: Hitiri te Paerata.

Ngai-te-Rangi (Tauranga): Hori Ngatai.

Te Arawa (Rotorua-Maketu district): Kiharoa; Te Araki te Pohu; Taua Tutanekai; Heeni Pore (Te Kiri-Karamu); Te Rangituakoha; Hohapeta te Whanarere; Te Matehaere; Rangiriri.

Ngati-Tuwharetoa (Taupo district): Te Heuheu Tukino, M.L.C.; Tokena te Kerehi; Waaka Tamaira; Wairehu.

Urewera: Eria Raukura (Te Kooti's chief priest); Netana Whakaari; Te Whiu Maraki; Tupara Kaho; Te Kauru.

Whakatohea (Opotiki): Hira te Okioki.

Ngati-Porou: Tuta Nihoniho.

Taranaki: Te Whiti o Rongomai (the prophet of Parihaka); Hori Teira.

Ngati-Ruanui (Taranaki): Tauke; Te Kahu-Pukoro; Pou-Whareumu Toi; Whareaitu.

Pakakohi (Patea): Tutange Waionui; Tu-Patea te Rongo.

Most of those mentioned were warriors who fought either against or for the Government; in a number of instances they explained on the battle-ground the details of engagements; few of them survive to recall the conditions and events of a life which has vanished for ever.

A great deal of trouble has been taken to obtain original illustrations, and Mr. A. H. Messenger, draughtsman in the New Zealand Forest Service, himself a member of a pioneer Taranaki family, has drawn for the History many pictures in line and wash from authentic material.


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200 all those who served the court, not a soul was left in the old capital. Those who had ambitions of office or favors to ask of the Emperor vied to be the first to make the move. Only those who, having lost their chances of success, were superfluous in the world and had nothing to hope for, remained behind, although with sorrow. The mansions whose roofs had rivaled one another fell with the passing days to rack and ruin. Houses were dismantled and floated down the Yodo River, and the capital turned into empty fields before one’s eyes. People’s ways changed completely—now horses were prized and oxcarts fell into disuse. Estates by the sea in the south or west were highly desired, and no one showed any liking for manors in the east or the north.

About this time I happened to have business which took me to the new capital. The site was so cramped that there was not even enough space to divide the city into the proper number of streets. To the north the land rose up high along a ridge of hills and to the south sloped down to the sea. The roar of the waves made a constant din, and the salt winds were of a terrible severity. The palace was in the mountains and, suggesting as it did the log construction of the ancient palaces, was not without its charms.

I wondered where they could have erected the houses that were daily dismantled and sent down the river so thick as to clog it. There were still many empty fields, and few houses standing. The old capital was now desolate but the new one had yet to be finished. Men all felt uncertain as drifting clouds. Those people who were natives of the place lamented the loss of their land, and those who now moved there complained over the difficulties of putting up houses. I could see on the roads men on horseback who should have been riding in carriages; instead of wearing court robes they were


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Rh in simple service dress. The manners of the capital had suddenly changed and were now exactly like those of rustic soldiers.

Everywhere people could be heard wondering if future disorders were portended, and indeed, with the passage of the days, the country came to be torn by disturbances and unrest. The sufferings of the people were not, however, entirely in vain—in the winter of the same year the capital was returned to Kyoto. But what had happened to the dismantled houses? They could not all have been re-erected in their former grandeur.

Some faint reports have reached my ears that in the wise reigns of former days the country was ruled with clemency. Then the Imperial palace was thatched with straw, and not even the eaves were aligned. When the Emperor saw that the smoke rising from the kitchen fires was thin, he went so far as to remit the taxes, although they were not excessive. That was because he loved his people and sought to help them. If we compare present conditions with those of ancient times, we may see how great is the difference.

Again, about 1181—it is so long ago that I cannot remember for certain—there was a famine in the country which lasted two years, a most terrible thing. A drought persisted through the spring and summer, while the autumn and winter brought storms and floods. One disaster followed another, and the grains failed to ripen. All in vain was the labor of tilling the soil in spring or planting in summer, for there was none of the joy of the autumn reaping or winter harvest. Some of the people as a result abandoned their lands and crossed into other provinces; some forgot their homes and went to live in the mountains. All manner of prayers were begun and extraordinary devotions performed, but without the slightest effect.

The capital had always depended on the countryside for its needs, and when supplies ceased to come it became quite impossible for


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202 people to maintain their composure. They tried in their desperation to barter for food one after another of their possessions, however cheaply, but no one desired them. The rare person who was willing to trade had contempt for money and set a high value on his grain. Many beggars lined the roads, and their doleful cries filled the air.

Thus the first year of the famine at last drew to a close. It was thought that the new year would see an improvement, but it brought instead the additional affliction of epidemics, and there was no sign of any amelioration. The people were starving, and with the passage of days approached the extremity, like fish gasping in insufficient water. Finally, people of quality, wearing hats and with their legs covered, were reduced to going from house to house desperately begging. Overwhelmed by misery, they would walk in a stupor, only presently to collapse. The number of those who died of starvation outside the gates or along the roads may not be reckoned. There being no one even to dispose of the bodies, a stench filled the whole world, and there were many sights of decomposing bodies too horrible to behold. Along the banks of the Kamo River there was not even room for horses and cattle to pass.

The lower classes and the wood-cutters were also at the end of their strength, and as even firewood grew scarce those without other resources broke up their own houses and took the wood to sell in the market. The amount obtainable for all that a man could carry, however, was not enough to sustain life a single day. Strange to relate, among the sticks of firewood were some to which bits of vermilion or gold and silver leaf still adhered. This, I discovered, came about because people with no other means of living were robbing the old temples of their holy images or breaking up the furnishings of the sacred halls for firewood. It was because I was born in a world of foulness and evil that I was forced to witness such heartbreaking sights.

There were other exceedingly unhappy occurrences. In the case of husbands and wives who refused to separate, the ones whose affections were the stronger were certain to die first. This was because, whether man or woman, they thought of themselves second and


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Rh gave to their beloved whatever food they occasionally managed to get. With parents and children it inevitably happened that the parents died first. Sometimes an infant, not realizing that its mother was dead, would lie beside her, sucking at her breast.

The Abbot Ryūgyō of the Ninnaji, grieving for the countless people who were dying, gathered together a number of priests who went about writing the letter A on the forehead of every corpse they saw, thus establishing communion with Buddha. In an attempt to determine how many people had died, they made a count during the fourth and fifth months, and found within the boundaries of the capital over 42,300 corpses lying in the streets. What would the total have been had it included all who died before or after that period, both within the city and in the suburbs? And what if all the provinces of Japan had been included?

I have heard that a similar disaster occurred in 1134, during the reign of the Emperor Sutoku, but I did not myself experience what happened then. Of all that has passed before my eyes, this famine was the strangest and saddest of all disasters.

Then there was the great earthquake of 1185, of an intensity not known before. Mountains crumbled and rivers were buried, the sea tilted over and immersed the land. The earth split and water gushed up; boulders were sundered and rolled into the valleys. Boats that rowed along the shores were swept out to sea. Horses walking along the roads lost their footing. It is needless to speak of the damage throughout the capital—not a single mansion, pagoda, or shrine was left whole. As some collapsed and others tumbled over, dust and ashes rose like voluminous smoke. The rumble of the earth shaking and the houses crashing was exactly like that of thunder. Those who were in their houses, fearing that they would presently be crushed to death, ran outside, only to meet with a new cracking of the earth.


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Rh To the Hon. the Minister of Internal Affairs, and to the Under-Secretary of that Department, my gratitude is due for the liberal arrangements which made the writing and publication of this work possible.

The principal campaigns and expeditions dealt with in the History are as follows:—

 * 1) Hone Heke's War in the north, 1845–46.
 * 2) The campaign in the Wellington district, 1846.
 * 3) The war at Wanganui, 1847.
 * 4) The first Taranaki War, 1860–61.
 * 5) The second Taranaki War, 1863.
 * 6) The Waikato War, 1863–64.
 * 7) The Tauranga campaign, 1864.
 * 8) The first Hauhau War, Taranaki, 1864–66.
 * 9) The Opotiki and Matata operations, 1865.
 * 10) The East Coast War, 1865.
 * 11) Fighting in Tauranga and Rotorua districts, 1867.
 * 12) Titokowaru's War, West Coast, 1868–69.
 * 13) The campaigns against Te Kooti (East Coast, Taupo, and Urewera country), 1868–72.

The period covered in the present volume is from the outbreak of Heke's War in 1845 to the end of the Kingite wars in Taranaki, Waikato, and the Bay of Plenty, 1864. The second volume is devoted to the Hauhau campaigns, 1864–72.

Wellington, New Zealand. June, 1922


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204 They could not soar into the sky, not having wings. They could not climb into the clouds, not being dragons. Of all the frightening things of the world, none is so frightful as an earthquake.

Among those who perished was the only child of a samurai family, a boy of five or six, who had made a little house under the overhanging part of a wall and was playing there innocently when the wall suddenly collapsed, burying him under it. His body was crushed flat, with only his two eyes protruding. His parents took him in their arms and wailed uncontrollably, so great was the sorrow they experienced. I realized that grief over a child can make even the bravest warrior forget shame—a pitiable but understandable fact.

The intense quaking stopped after a time, but the after-tremors continued for some while. Not a day passed without twenty or thirty tremors of a severity which would ordinarily have frightened people. After a week or two their frequency diminished, and there would be four or five, then two or three a day; then a day might be skipped, or there be only one tremor in two or three days. After-tremors continued for three months.

Of the four great elements, water, fire, and wind are continually causing disasters, but the earth does not normally afflict man. Long ago, during the great earthquake of the year 855, the head of the Buddha of the Tōdaiji fell off, a terrible misfortune, indeed, but not the equal of the present disaster. At the time everyone spoke of the vanity and meaninglessness of the world, and it seemed that the impurities in men’s hearts had somewhat lessened, but with the passage of the months and the days and the coming of the new year people no longer even spoke in that vein.

All is as I have described it—the things in the world which make life difficult to endure, our own helplessness and the undependability of our dwellings. And if to these were added the griefs that come from place or particular circumstances, their sum would be unreckonable.

When a man of no great standing happens to live next door to a


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Author:John Hale Murray

Works

 * Travels in Uruguay (1871)

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Rh "How shall I speak of Publius Gavius, a citizen of Consa? With what powers of voice, with what force of language, with what sufficient indignation of soul, can I tell the tale? Indignation, at least, will not fail me: the more must I strive that in this my pleading the other requisites may be made to meet the gravity of the subject, the intensity of my feeling. For the accusation is such that, when it was first laid before me, I did not think to make use of it; though I knew it to be perfectly true, I did not think it would be credible.—How shall I now proceed?—when I have already been speaking for so many hours on one subject—his atrocious cruelty; when I have exhausted upon other points well-nigh all the powers of language such as alone is suited to that man's crimes;—when I have taken no precaution to secure your attention by any variety in my charges against him,—in what fashion can I now speak on a charge of this importance? I think there is one way—one course, and only one, left for me to take. I will place the facts before you; and they have in themselves such weight, that no eloquence—I will not say of mine, for I have none—but of any man's, is needed to excite your feelings.

"This Gavius of Consa, of whom I speak, had been among the crowds of Roman citizens who had been thrown into prison under that man. Somehow he had made his escape out of the Quarries, and had got to

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22 Messana; and when he saw Italy and the towers of Rhegium now so close to him, and out of the horror and shadow of death felt himself breathe with a new life as he scented once more the fresh air of liberty and the laws, he began to talk at Messana, and to complain that he, a Roman citizen, had been put in irons—that he was going straight to Rome—that he would be ready there for Verres on his arrival.

"The wretched man little knew that he might as well have talked in this fashion in the governor's palace before his very face, as at Messana. For, as I told you before, this city he had selected for himself as the accomplice in his crimes, the receiver of his stolen goods, the confidant of all his wickedness. So Gavius is brought at once before the city magistrates; and, as it so chanced, on that very day Verres himself came to Messana. The case is reported to him; that there is a certain Roman citizen who complained of having been put into the Quarries at Syracuse; that as he was just going on board ship, and was uttering threats—really too atrocious—against Verres, they had detained him, and kept him in custody, that the governor himself might decide about him as should seem to him good. Verres thanks the gentlemen, and extols their goodwill and zeal for his interests. He himself, burning with rage and malice, comes down to the court. His eyes

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Rh flashed fire; cruelty was written on every line of his face. All present watched anxiously to see to what lengths he meant to go, or what steps he would take; when suddenly he ordered the prisoner to be dragged forth, and to be stripped and bound in the open forum, and the rods to be got ready at once. The unhappy man cried out that he was a Roman citizen—that he had the municipal franchise of Consa—that he had served in a campaign with Lucius Pretius, a distinguished Roman knight, now engaged in business at Panormus, from whom Verres might ascertain the truth of his statement. Then that man replies that he has discovered that he, Gavius, has been sent into Sicily as a spy by the ringleaders of the runaway slaves; of which charge there was neither witness nor trace of any kind, or even suspicion in any man's mind. Then he ordered the man to be scourged severely all over his body. Yes—a Roman citizen was cut to pieces with rods in the open forum at Messana, gentlemen; and as the punishment went on, no word, no groan of the wretched man, in all his anguish, was heard amid the sound of the lashes, but this cry,—'I am a Roman citizen!' By such protest of citizenship he thought he could at least save himself from anything like blows—could escape the indignity of personal torture. But not only did he fail in thus deprecating the insult of the lash, but when he redoubled his entreaties and his appeal to the name of Rome, a cross—yes, I say, a cross—was ordered for that most unfortunate and ill-fated man, who had never yet beheld such an abuse of a governor's power.

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Constitution of South Carolina of 1861

We, the People of the State of South Carolina, in Convention assembled, do ordain and establish this Constitution, for the Government of the said State:

The Legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives.

The House of Representatives shall be composed of members, chosen by ballot, every second year, by the citizens of this State, qualified as in this Constitution is provided.

The Election Districts in this State shall be as follows, to wit:

(including St. Philip and St. Michael,)

(including its ancient boundaries,)

(not including any part of All Saints,)

(not including any part of All Saints,)

(heretofore called Spartan,)

The boundaries of the Election Districts shall remain as they have heretofore been established.

The House of Representatives shall consist of one hundred and twenty-four Members, to be apportioned among the several Election Districts of the State, according to the number of white inhabitants contained, and the and the amount of all taxes raised by the Legislature, whether direct or indirect, or of whatever species, paid in each, deducting therefrom all taxes paid on account of property held in any other District, and adding thereto all taxes elsewhere paid on account of property held in such District; an enumeration of the white inhabitants, for this purpose, was made in the year one thousand eight hundred and fifty-nine, and shall be made in the course of every tenth year thereafter, in such manner as shall be by law directed; and Representatives shall be assigned to the different Districts, in the above-mentioned proportion, by Act of the Legislature, at the session immediately succeeding every enumeration.

If the enumeration herein directed should not be made in the course of the year appointed for the purpose, it shall be the duty of the Government to have it effected as soon thereafter as shall be practicable.

In assigning Representatives to the several Districts of this State, the Legislature shall allow one Representative for every sixty-second part of the whole number of white inhabitants in the State; and one Representative, also, for every sixty-second part of the whole taxes raised by the Legislature of the State. The Legislature shall further allow one Representative for such fractions of the sixty-second part of the white inhabitants of the State, and of the sixty-second part of the taxes raised by the Legislature of the State, as when added together, form a unit.

In every apportionment of representation which shall take place after the first apportionment, the amount of taxes shall be estimated from the average of the ten preceding years.

If, in the apportionment of Representatives, any Election District shall appear not to be entitled, from its population and its taxes, to a Representative, such Election District shall nevertheless send one Representative; and if there should be still a deficiency of the number of Representatives required by section fifth, such deficiency shall be suppled by assigning Representatives to those Election Districts having the largest surplus fractions, whether those fractions consist of a combination of population and taxes, or of population, or of taxes separately, until the number of one hundred and twenty-four members be provided.

No apportionment of Representatives shall be construed to take effect, in any manner, until the general election which shall succeed such apportionment.

The Senate shall be composed of one member from each Election District, except the District formed by the Parishes of St. Philip and St. Michael, to which shall be allowed two Senators as heretofore.

The Senators having been heretofore divided, by lot, into two classes, the seats of the Senators of the first class shall be vacated at the expiration of the second year after the Monday following a general election, and of the second class at the expiration of the fourth year; and the number of these classes shall be so proportioned that one-half of the whole number of Senators may, as nearly as possible, continue to be chosen thereafter every second year.

Every free white man of the age of twenty-one years, paupers, and non-commissioned officers and private soldiers of the army of the Confederate States of America, excepted, who hath been a citizen and resident in this State two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been legally seized and possessed at least six months before such election; or not having such freehold or town lot, hath been a resident in the Election District, in which he offers to give his vote, six months before the said election, shall have a right to vote for a member, or members, to serve in either branch of the Legislature for the Election District in which he holds such property, or is so resident.

The returning officer, or any other person present, entitled to vote, may require any person, who shall offer his vote at an election, to produce a certificate of his citizenship, and other qualification, entitling him to vote, or to swear, or affirm, that he is duly qualified to vote, agreably to this Constitution.

No person shall be eligible to a seat in the House of Representatives unless he is a free white man, of the age of twenty-one years, and hath been a citizen and resident in this State three years previous to his election. If a resident in the Election District, he shall not be eligible to a seat in the House of Representatives unless he be legally seized and possessed, in his own right, of a settled freehold estate of five hundred acres of land and ten negroes; or of a real estate of the value of one hundred and fifty pounds, sterling, clear of debt. If a non-resident, he shall be legally seized and possessed of a settled freehold estate therein of the value of five hundred pounds, sterling, clear of debt.

No person shall be eligible to a seat in the Senate unless he is a free white man, of the age of thirty years, and hath been a citizen and resident in this State five years previous to his election. If a resident in the Election District, he shall not be eligible, unless he be legally seized and possessed, in his own right, of a settled freehold of the value of three hundred pounds, sterling, clear of debt. If a non-resident in the Election District, he shall not be eligible, unless he be legally seized and possessed, in his own right, a settled freehold estate, in the said District, of the value of one thousand pounds, sterling, clear of debt.

Senators and Members of the House of Representatives shall be chosen at a general election on the Tuesday after the second Monday in October, in the year of our Lord one thousand eight hundred and sixty-two, and on the same day in every second year thereafter, in such manner and for such terms of office as are herein directed. They shall meet on the fourth Monday in November, annually, at Columbia (which shall remain the seat of Government until otherwise determined by the concurrence of two-thirds of both branches of the whole representation), unless the casualties of war, or contagious disorders, should render it unsafe to meet there; in either of which cases, the Governor, or Commander-in-Chief, for the time being, may, by proclamation, appoint a more secure and convenient place of meeting. From the next general election shall, however, be excepted those Senators now in office, whose term of service will not expire in the year one thousand eight hundred and sixty-two.

The terms of office of the Senators and Members of the House of Representatives shall begin on the Monday following a general election.

Each House shall judge of the elections, returns and qualifications of its own Members; and a majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent Members in such manner and under such penalties as may be provided by law.

Each House shall choose, by ballot, its own officers, determine its rules of proceeding, punish its Members for disorderly behavior, and with the concurrence of two-thirds, expel a Member, but not a second time for the same cause.

Each House may punish, by imprisonment during its sitting, any person not a Member, who shall be guilty of disrespect to the House by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall threaten harm to body or estate of any member for anything said or done in either House, or who shall assault any of them therefor, or who shall assault or arrest any witness, or other person, ordered to attend the House, in his going to or returning therefrom, or who shall rescue any person arrested by order of the House.

The Members of both Houses shall be protected in their persons and estates during their attendance on, going to, or returning from the Legislature, and ten days previous to the sitting, and ten days after the adjournment of the Legislature. But these privileges shall not be extended so as to protect any Member who shall be charged with treason, felony, or breach of the peace.

Bills for raising a revenue shall originate in the House of Representatives, but may be altered, amended or rejected by the Senate; and all other bills may originate in either House, and may be amended, altered or rejected by the other.

No Bill or Ordinance shall have the force of law until it shall have been read three times, and on three several days, in each House; has had the great seal affixed to it, and has been signed in the Senate House by the President of the Senate and Speaker of the House of Representatives.

No money shall be drawn out of the Public Treasury, but by the legislative authority of the State.

The Members of the Legislature, who shall assemble under this Constitution, shall be entitled to receive out of the Public Treasury, for their expenses during their attendance on going to and returning from the Legislature, the compensation now fixed by law; and the same may be increased or diminished by law, if circumstances shall require; but no alteration shall be made by any Legislature to take effect during the existence of the Legislature which shall make such alteration.

Neither House, during their session, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

No Bill or Ordinance, which shall have been rejected by either House, shall be brought in again during the sitting, without leave of the House, and notice of six days being previously given.

No person shall be eligible to a seat in the Legislature whilst he holds any office of profit or trust under this State, the Confederate States of America, or either of them, or under any other power, except officers in the militia, army, or navy of this State, Justices of the Peace, or Justices of the County Courts, while they receive no salaries; nor shall any contractor of the army or navy of this Stat, the Confederate States of America, or either of them, or the agents of such contractor, be eligible to a seat in either House. And if any Member shall accept or exercise any of the said disqualifying offices he shall vacate his seat.

If any Election District shall neglect to choose a Member, or Members, on the day of election, or if any person chosen a Member of either House should refuse to qualify and take his seat, or should die, depart the State, or accept any disqualifying office, a writ of election shall be issued by the President of the Senate or Speaker of the House of Representatives, as the case may be, for the purpose of filling up the vacancy thereby occasioned, for the remainder of the term for which the person so refusing to qualify, dying, departing the State, or accepting a disqualifying office, was elected to serve.

And whereas the ministers of the Gospel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the Gospel, or public preacher of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of the Governor, Lieutenant Governor, or to a seat in the Senate or House of Representatives.

The Executive authority of this State shall be bested in a Governor, to be chosen in the manner following: As soon as may be after the first meeting of the Senate and House of Representatives, and at every first meeting of the House of Representatives thereafter, when a majority of both Houses shall be present, the Senate and House of Representatives shall jointly, in the House of Representatives, choose by ballot a Governor, to continue for two years, and until a new election shall be made.

No person shall be eligible to the office of Governor unless he hath attained the age of thirty years and hath resided within the State, and been a citizen thereof, ten years, and unless he be seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds, sterling, clear of debt.

No person having served two years as Governor shall be reeligible to that office till after the expiration of four years.

No person shall hold the office of Governor, and any other office, or commission, civil or military, except in the militia, either in this State, or under the Confederate States of America, or either of them, or under any other power, at one and the same time.

A Lieutenant Governor shall be chosen at the same time, in the same manner, continue in office for the same period, and be possessed of the same qualifications as the Governor.

A Member of the Senate or House of Representatives being chosen, and acting as Governor or Lieutenant Governor, shall vacate his seat, and another person shall be elected in his stead.

In case of the impeachment of the Governor, or his removal from office, death, resignation, or removal from the State, and the Lieutenant Governor shall succeed to his office. And in case of the impeachment of the Lieutenant Governor, or his removal from office, death, resignation, or removal from the State, the President of the Senate shall succeed to his office, until a nomination to those offices, respectively, shall be made by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or removed from the State, was elected.

The Governor shall be Commander-in-Chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the Confederate States of America.

He shall have power to grant reprieves and pardons after conviction, except in cases of impeachment, in such manner, on such terms, and under such restrictions as he shall think proper; and he shall have power to remit fines and forfeitures, unless otherwise directed by law.

He shall take care that the laws be faithfully executed, in mercy.

He shall have power to prohibit the exportation of provisions, for any time not exceeding thirty days.

He shall, at stated times, receive for his services a compensation, which shall be neither increased nor diminished, during the period for which he shall have been elected.

All the officers in the Executive Department, when required by the Governor, shall give him information, in writing, upon any subject relating to the duties of their respective offices.

The Governor shall, from time to time, give to the General Assembly information of the condition of the State, and recommend to their consideration such measures as he shall judge necessary or expedient.

He may, on extraordinary occasions, convene the General Assembly, and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not beyond the fourth Monday in the month of November then ensuing.

The judicial power shall be vested in such Superior and Inferior Courts of Law and Equity as the Legislature shall from time to time direct and establish. The judges of each shall hold their commissions during good behavior; and Judges of the Superior Courts shall, at stated times, receive a compensation for their services, which shall neither be increased nor diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust, under this State, the Confederate States of America, or any other power.

The style of all process shall be, "The State of South Carolina." All prosecutions shall be carried on in the name and by the authority of the State of South Carolina, and conclude—"Against the peace and dignity of the same."

All persons who shall be elected or appointed to any office of profit or trust, before entering on the execution thereof, shall take (besides special oaths not repugnant to this Constitution, prescribed by the General Assembly) the following oath: "I do solemnly swear (or affirm) that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I may continue a citizen thereof; and that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been appointed; and that I will to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State, and that of the Confederate States of America. So help me God."

The House of Representatives shall have the sole power of impeaching; but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives.

All impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be on oath, or affirmation, and no person shall be convicted without the concurrence of two thirds of the Members present.

The Governor, Lieutenant Governor, and all civil officers shall be liable to impeachment for high crimes and misdemeanors, for any misbehavior in office, for corruption in procuring office, or for any act which shall degrade their official character. But judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of honor, trust or profit under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judgment and punishment, according to law.

All civil officers, whose authority is limited to a single Election District, a single Judicial District, or part of either, shall be appointed, hold their office, be removed from office, and in addition to liability to impeachment, may be punished for official misconduct in such manner as the Legislature, previous to their appointment, may provide.

If any civil officer shall become disabled from discharging the duties of his office, by reason of any permanent bodily or mental infirmity, his office may be declared to be vacant by joint resolution, agreed to by two-thirds of the whole Representation in each branch of the Legislature. Provided, That such resolution shall contain the grounds for the proposed removal, and, before it shall pass either House, a copy of it shall be served on the officer, and a hearing be allowed him.

The Judges of the Superior Courts, the Commissioners of the Treasury, Secretary of the State, and Surveyor-General, shall be elected by the joint ballot of both Houses, in the House of Representatives. The Commissioners of the Treasury, Secretary of the State, and Surveyor-General, shall hold their offices for four years, but shall not be eligible again for four years after the expiration of the time for which they shall have been elected.

All other officers shall be appointed as they hitherto have been, until otherwise directed by law; but a Sheriff shall not be again eligible for four years after the term for which he shall have been elected.

All commissions shall be in the name and by the authority of the State of South Carolina, and be sealed with the seal of the State, and be signed by the Governor.

All laws of force in this State, at the passing of this Constitution, shall so continue, until altered or repealed by the Legislature, except when they are temporary, in which case they shall expire at the times respectively limited for their duration, if not continued by Act of the Legislature.

The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever hereafter be allowed within this State, to all mankind: Provided, that the liberty of conscience hereby declared shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

The rights, privileges, immunities and estates of both civil and religious societies, and of corporate bodies, shall remain as if the Constitution of this State had not been altered or amended.

All power is originally vested in the people, and all free governments are founded on their authority, and are instituted for their peace, safety and happiness.

No freeman of this State shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land; nor shall any bill of attainder, ex post facto law, or law impairing the obligation of contracts, ever be passed by the Legislature of this State.

The military shall be subordinate to the civil power.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

The Legislature shall not grant any title of nobility, or hereditary distinction, nor create any office, the appointment to which shall be for any longer time than during good behavior.

The trial by jury, as heretofore used in this State, and the liberty of the press, shall be forever inviolably preserved.

The rights of primogeniture shall not be reestablished, and there shall not fail to be some legislative provision for the equitable distribution of the estates of intestates.

The business of the Treasury shall be in future conducted by two Treasurers, one of whom shall hold his office and reside in Columbia, the other shall hold his office and reside in Charleston.

The Secretary of State and the Surveyor General shall hold their offices both in Columbia and Charleston. They shall reside at one place, and their deputies at the other.

The Judges shall, at such times and places as shall be prescribed by Act of the Legislature of this State, meet and sit, for the purpose of hearing and determining all motions which may be made for new trials, and in arrest of judgment, and such points of law as may be submitted to them.

The Governor shall always reside, during the sitting of the Legislature, at the place where their Session may be held; and at all other times where ever, in his opinion, the public good may require.

No Convention of the People shall be called, unless by the concurrence of two-thirds of both branches of the whole Representation.

No part of this Constitution shall be altered, unless a bill to alter the same shall have been read, on three several days, in the House of Representatives, and on three several days in the Senate, and agreed to at the second and third readings, by two-thirds of the whole Representation in each branch of the Legislature; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for Members of the House of Representatives; and if the alteration proposed by the Legislature shall be agreed to, in their first Session, by two-thirds of the whole Representation, in each branch of the Legislature, after the same shall have been read on three several days in each House, then, and not otherwise, the same shall become a part of the Constitution.

D. F. JAMISON, President.

Attest:, Clerk.

title: Constitution of South Carolina of 1861


text:
Author:James Renwick (1790-1863)

Works

 * Treatise on the Steam Engine

title: Author:James Renwick (1790-1863)