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Rh even forfeits his estate, if found guilty of treason or similar crimes, though his sons and grandsons are living who have not connived at his guilt. In case of default on his part in the discharge of revenue payable to Government from the estate, he is subjected to the privation of that property by public sale under the authority of Government. He is, in fact, under these and many other circumstances, actually and virtually acknowledged to be the lawful and perfect owner of his estate; a sale or gigift [sic] by him of his property must therefore stand valid or unquestionable. Sacred writings although they prohibit such a sale or gift as may distress the family, by limiting their means of subsistence, cannot alter the fact nor do they nullify what has been effectually done. I have already pointed out in the 37th paragraph the sense in which prohibitions of a similar nature should be taken, according to the authority of Munoo, which the reader is requested not to lose sight of. Mr. Colebrooke judiciously quotes (page 32) the observation made by (the celebrated modern expounder of law in Bengal) on the above passage of the Dayubhagu, (“A fact cannot be altered by a hundred texts,”) which is as follows: “If a Brahmun be slain, the precept ‘Slay not a Brahmun’ does not annul the murder: nor does it render the killing of a Brahmun impossible. What then? It declares the sin.” Admitting for a moment that this sacred text (quoted in the Mitakshura also) be interpreted conformably to its apparent language and spirit, it would be equally opposed to the argument of our adversaries, who allow a father to be possessed of power over his self-acquired property; since the text absolutely denies to the father an independent power even over his self-acquired 16


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226 conformable to the general tenor, giving the other an interpretation of a subordinate nature, I readily concur in giving him the title of a commentator, though the word expounder would be more applicable. By way of illustration, I give here an instance of what I have advanced, that the reader may readily determine the sense in which the author of the Dayubhagu should be considered as a commentator.

15. In laying down rules “on succession to the estate of one who leaves no made issue," this author first quotes (Ch. xi. page i58,) the following text of Vrihusputi: “In scripture and in the code of law, as well as in popular practice, a wife is declared by the wise to be half the body of her husband, equally sharing the fruit of pure and impure acts. Of him, whose wife is not deceased, half the body survives: how then should another take his property, while half his person is alive? Let the wife of a deceased man, who left no male issue, take his share notwithstanding kinsmen, a father, a mother, or uterine brother, be present,” &c. &c. He next cites the text of, (p. 160,) as follows:—“The wife and the daughters, also both parents, brothers likewise, and their sons, gentiles, cognates, a pupil, and a fellow student; on failure of the first among these, the next in order is indeed heir to the estate of one, who departed for heaven leaving no male issue. This rule extends to all persons and classes.” The author then quotes a text from the Institutes of Vishnoo, ordaining that “the wealth of him who leaves no male issue, goes to his wife; on failure of her, it devolves on daughters; if there be none, it belongs to the mother,” &c. &c. Having thus collected a series of passages from the Institutes of Vrihusputi,

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


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Rh Yagnuvulkyu, and Vishnoo, and examined and weighed the sense deducible from the context, the author offers his opinion on the subject. “By this text, [by the seven texts of Vrihusputi, and by the text of Yagnuvulkyu,] relating to the order of succession, the right of the widow, to succeed in the first instance, is declared” “Therefore, the widow’s right must be affirmed to extend to the whole estate.” (p. 161.)

16. The same author afterwards notices, in page 163, several texts of a seemingly contrary nature, but to which he does not hesitate to give a reconciling interpretation, without retracting or modifying his own decision. He quotes Sunkhu and Likhitu, Peitheenusi, and Yum, as declaring, “The wealth of a man who departs for heaven, leaving no male issue, goes to his brothers. If there be none, his father and mother take it; or his eldest wife, or a kinsman, a pupil, or a fellow student.” Pursuing a train of long and able discussion, the author ventures to declare the subordinacy of the latter passage to the former, as the conclusion best supported by reason, and most conformable to the general tenor of the law. He begins saying, (P. 169,) “From the text of Vishnoo and the rest, (Yagnuvulkyu and Vrihushputi,) it clearly appears, that the succession devolves on the widow, by failure of sons and other [male] descendants, and this is reasonable; for the estate of the deceased should go first to the son, grandson, and great grandson.” He adds, in page 170, pointing out the ground on which the priority of a son’s claim is founded, a ground which is applicable to the widow’s case also, intimating the superiority of a window’swidow’s [sic] claim to that of a brother, a father, &c.” So Munoo declares the right of inheritance


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Should we have links to all the mentioned works and authors?
On the one hand, what an excellent resource, as a list of public domain texts to be added! On the other, oh bother, this is going to take a while... (⊙_⊙;) FPTI (talk) 06:52, 12 February 2024 (UTC)


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228 to be founded on benefits conferred. ‘By the eldest son, as soon as born, a man becomes the father of male issue, and is exonerated from debt to his ancestor; such a son, therefore, is entitled to take the heritage.’” The author next shews, that as the benefits conferred by a widow on her deceased husband, by observing a life of austerity, are inferior only to those procured to him by a son, grandson, and great grandson, her right to succession should be next to theirs in point of order, (page 173.) “But, on failure of heirs down to the son’s grandson, the the wife, being inferior in pretentions to sons and the rest, because she performs acts spiritually beneficial to her husband from the date of her widowhood, (and not, like them, from the moment of their birth,) succeeds to the estate in their default.” He thus concludes: “Hence [since the wife’s right of succession is founded on reason] the construction in the text of Sunkhu, &c. must be arranged by connexion of remote terms, in this manner: ‘The wealth of a man, who departs for heaven, leaving no male issue, let his eldest [that is, his most excellent] wife take; or, in her default, let the parents take it: on failure of them, it goes to the brothers.’ The terms ‘if there be none,’ [that is, if there be no wife,] which occur in the middle of the text, are connected both with the preceding sentence ’it goes to his brothers,’ and with the subsequent one, ‘his father and mother take it.’ For the text agrees with passages of Vishnoo and Yagnuvulkyu, [which declare the wife’s right,] and the reasonableness of this has been already shewn.” (p. 174.)

17. It is however evident that the author of the Dayubhagu gives here an apparent preference to the authority of one party of the saints over that of the other,


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Rh though both have equal claims upon his reverence. But admitting that a Hindoo author, an expounder of their law, sin against some of the sacred writers, by withholding a blind submission to their authority, and likewise that the natives of the country have for ages adhered to the rules he has laid down, considering them reasonable, and calculated to promote their social interest, though seemingly at variance with some of the sacred authors; it is those holy personages alone that have a right to avenge themselves upon such expounder and his followers; but no individual of mere secular authority, however high, can, I think, justly assume to himself the office of vindicating the sacred fathers, and punishing spiritual insubordination, by introducing into the existing law an overwhelming change in the attempt to restore obedience.

18. In this apparent heterodoxy, I may observe, Jeemootvahun does not stand single. The author of the Mitakshura also has, in following, very properly, the established privilege of an expounder, reconciled, to reason, by a construction of his own, such sacred texts as appeared to him, when taken literally, in consistent with justice or good sense. Of this, numerous instances might easily be adduced, but the principle is so invariably adopted by this class of writers, that the following may suffice for examples. The author of the Mitakshura first quotes (Ch. I. Sec. iii. Art. 3 and 4, p. 263 — 265) the three following texts of Munoo, allotting the best portion of the heritage to the eldest brother at the time of partition. “The portion deducted for the eldest is the twentieth part of the heritage, with the best of all the chattles; for the middlemost, half of that; for the youngest, a quarter of it.” “If a deduction be thus


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230 made, let equal shares of the residue be alloted; but if there be no deduction, the shares must be distributed in this manner; let the eldest have a double share, and the next born a share and a half, and the younger sons each a share: thus is the law settled.” The author of the Mitakshura then offers his opinion in direct opposition to Munoo, saying, “The author himself has sanctioned an unequal distribution when a division is made during the father’s life time. ‘Let him either dismiss the eldest with the best share, &c.’ Hence an unequal partition is admissible in every period. How then is a restriction introduced, requiring that sons should divide only equal shares? (Art. 4.) The question is thus answered: True, this unequal partition is found in the sacred ordinances; but it must not be practised, because it is abhorred by the world, [for] it secures not celestial bliss’; as the practice [of offering bulls] is shunned, on account of popular prejudice, notwithstanding the injuction, ‘Offer to a venerable priest a bull or a large goat;’ and as the slaying of a cow is for the same reason disused, notwithstanding the precept, ‘Slay a barren cow as a victim consecrated to Mitru and Vuroonu.’” By adverting to the above exposition of the law, we find that the objection of heterodoxy, if urged against the authority of the Dayubhagu, is equally applicable to that of the Mitakshura in its full extent, and may be thus established. 1st. Certain


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Rh writings, such as the institutes of Munoo and of others, esteemed sacred by Hindoos, are the foundation of the law of inheritance. 2ndly. Vignaneshwur (author of the Mitakshura) is but a commentator on those writings. 3rdly. Therefore, such part of the commentatry of Vignaneshwur as indiscriminately entitles all brothers to an equal share, being obviously at variance with the precepts of Munoo found on the subject, should be rejected, and the best and the largest portion of the heritage be allotted to the eldest brother, by judicial authorities; according to the letter of the sacred text. Again, take the Mitakshura, Ch. I. Sec. i. Art. 30 p. 257. “The following passage, ‘Separated kinsmen, as those who are unseparated, are equal in respect of immoveables, for one has not power over the whole to make a gift, sale, or mortgage;’ must be thus interpreted: ‘Among unseparated kinsmen, the consent of all is indispensably requisite, because no one is fully empowered to make an alienation, since the estate is in common;’ but among separated kindred, the consent of all tends to the facility of the transaction, by obviating any future doubt, whether they be separate or united: it is not required, on account of any want of sufficient power in the single owner, and the transaction is consequently valid even without the consent of separated kinsmen.” Ditto, Ch. I. Sec. ii. Art. 28, page 316. “‘The legitimate son is the sole heir of his father’s estate; but, for the sake of innocence, he should give a maintenance to the rest.’ This text of Munoo must be considered as applicable to a case, where the adopted sons (namely, the son given and the rest) are disobedient to the legitimate son and devoid of good qualities.”


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 arrived early on the field. There was no crowd, but several planes stood ready to go.

A pilot came forward and shook hands.

"A good day to go up," he said, pleasantly.

My father raised an inexperienced eye to the sky and agreed. Agreeing verbally is as far as he went, or has ever gone, for he has not yet found a day good enough for a first flight.

The pilot nodded to another flyer. "He'll go up with us."

"Why?" I asked.

The pair exchanged grins. Then I understood. I was a girl—a "nervous lady." I might jump out. There had to be somebody on hand to grab my ankle as I went over. It was no use to explain I had seen aeroplanes before and wasn't excitable. I was not to be permitted to go alone in the front cockpit.

The familiar "contact" was spoken and the motor came to life. I suppose there must be emotion with all new experiences, but I can't re-

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232 19. I now proceed to the consideration of the last point, as the ground on which the change proposed is alleged to be founded. To judge of its validity we should ascertain whether the interpretations given by the author of the Dayubhagu, to the sacred texts, touching the subject of free disposal by a father of his ancestral property, are obviously at variance with those very texts, or if they are conformable to sound reason and the general purport of the passages cited collectively on the same subject. With this view I shall here repeat, methodically, the series of passages quoted by the author of the Dayubhagu, relating to the above point, as well as his interpretation and elucidation of the same.

20. To shew the independent and exclusive right of a father in the property he possesses, (of course with the exception of estates entailed) the author first quotes the following text of Munoo: “After the (death of the) father and the mother, the brethren, being assembled, must divide equally the paternal estate: For they have not power over it, while their parents live. Ch. I. Sec. 14, (p. 8). He next quotes Devulu: “When the father is deceased, let the sons divide the father’s wealth; for sons have not ownership while the father is alive and free from defect.” Ch. I. Sec. 18, (p. 9.) After a long train of discussion, the author appeals to the above texts as the foundaton of the law he has expounded, by saying, “Hence the text of Munoo, and the rest (as Devulu) must be taken as shewing, that sons have not a right of ownership in the wealth of the living parents, but in the estates of both when deceased." Ch. I. Sec. 30, (p. 13 and 14.)

21. To illustrate the positonposition [sic] that the father is the


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Rh sole and independent owner of the property in his possession, whether self-acquired or ancestral, the author thus proceeds: “A division of it does not take place without the father’s choice; since Munoo, Narudu, Gotumu, Bodhayunu, Sunkhu, and Likhitu, and others (in the following passages, ‘they have not power over it;’ ‘they have not ownership while their father is alive and free from defect;’ ‘while he lives if he desire partition;’ ‘partition of heritage by consent of the father;’ partition of the estate being authorized while the father is living,’ &c.) declare without restriction, that sons have not a right to any part of the estate while the father is living, and that partition awaits his choice: for these texts, declaratory of a want of power and requiring the father’s consent, must relate also to property ancestral, since the same author have not separately propounded a distinct period for the division of an estate inherited from an ancestor.” Ch. II. Sec. 8, (p. 25.) The circumstance of the partition of estates being entirely dependent on the will of the father, and the son’s being precluded from demanding partition while the father is alive, sufficiently prove that they have not any right in the estate during his life time; or else the sons, as having property in the estate jointly with the father, would have been permitted to demand partition. Does not common sense abhor the system of a son’s being empowered to demand a division between himself and his father of the hereditary estate? Would not the birth of a son with this power, be considered in the light of a coursecurse [sic] rather than a blessing, as subjecting a father to the danger of having his peaceable possession of the property inherited from his own father or other ancestor disturbed?


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234 22. The author afterwards reasons on those passages that are of seemingly contrary authority; first quoting the text of Yagnuvulkyu, as follows. “The ownership of father and son is the same in land which was acquired by his father, or in a corrody, or in chattels.” He adopts the explanation given to his text by the most learned, the ancient Oodyot, affirming that it “properly signifies, as rightly explained by the learned Oodyot, that, when one of two brothers, whose father is living, and who have not received allotments, dies leaving a son, and the other survives, and the father afterwards deceases, the text, declaratory of similar ownership, is intended to obviate the conclusion, that the surviving son alone obtains his estate, because he is next of kin. As the father has ownership in the grandfather’s estate; so have his sons, if he be dead.” Ch. II. Sec. 9, (page 25.) The author then points out, that such interpretation given to the text, as declares the claims of a grandson upon the estate of his grandfather equal to those of his father, while the father is living, is palpably objectionable; for, if sons had ownership during the life of their father, in their grandfather’s estate, then should a division be made between two brothers, one of whom has male issue, and the other has none, the children of that one would participate, since (according to the opposite opinion) they have equally ownership?” Ch. II. Sec. n, (p. 26.) He next quotes Vishnoo: “When a father separates his sons from himself, his will regulates the division of his own acquired wealth. But in the estate inherited from the grandfather, the ownership of father and son is equal.” Upon this text the author of the Dayubbagu justily remarks in the following terms. “This


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Rh is very clear; when the father separates his sons from himself, he may, by his own choice, give them greater or less allotments, if the wealth were acquired by himself; but not so, if it were property inherited from the grandfather, because they have an equal right to it. The father has not in such case an unlimited discretion.” Ch. II. Sec. 17, (p. 27.) That is, a father dividing his property among his sons, to separate them from himself during life time, is not authorized to give them of his own caprice, greater or less allotments of his ancestral estate, as the phrase in the above text of Vishnoo, when a father separates his sons from himself,” &c. prohibits the free disposal by a father of his ancestral property only on the occasion of allotments among his sons to allow them separate establishments. The author now conclusively states, that “Hence (since the text becomes pertinent, by taking it in the sense above stated, or because there is ownership restricted by law in respect of shares, and not an unlimited discretion), both opinions, that the mention of like ownership provides for an equal division between father and son in the case of property ancestral, and that it establishes the son’s right to require partition, ought to be rejected.” Ch. II. Sec. 18, (p. 27).

23. The author, thirdly, quotes Yagnuvulkyu. “The father is master of the gems, pearls and corals, and of all (other moveable property), but neither the father, or the grandfather, is so of the whole immoveable estate;” and points out the sense conveyed by the term “the whole” found in the above passage, saying, “Since here also it is said the ‘whole,’ this prohibition forbids the gift or other alienation of the whole, because (immoveables and similar possessions are) means of supporting


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Poranthera.]

2. P. alpina, Cheesem. in Trans. N.Z. Inst. xiv. (1882) 300.—Perfectly glabrous, 2–5 in. high; branches numerous, decumbent or suberect, usually densely compacted and interlaced, rarely open, scarred, often somewhat woody at the base. Leaves all uniform, opposite, crowded, sessile or very shortly petiolate, ⅛–⅕ in. long, linear-oblong, obtuse, quite entire, smooth and veinless above; margins revolute, concealing the whole of the under-surface except the very thick and prominent midrib; stipules rather large, triangular. Flowers solitary in the axils of the upper leaves, forming short leafy heads, minute, greenish-white, dioecious; peduncles shorter than the leaves. Petals wanting in both sexes. Sepals 5, oblong, obtuse. Stamens shorter than the sepals; filaments slender. Ovary subglobose. 6-lobed, 3-celled. Capsule globose-depressed.—''Hook. f. in Hook. Ic. Plant.'' t. 1366.

Trees with stellate pubescence. Leaves alternate, petiolate, large, entire or 3–7-lobed. Flowers in terminal cymes, monœcious. Male flowers: Calyx splitting into 2–3 valvate segments. Petals 5, longer than the calyx. Stamens 8–20, on a central receptacle, 5 outer opposite the petals, alternating with 5 small glands; anthers adnate, cells parallel. Female flowers: Calyx and petals of the males. Ovary 2–5-celled; styles 2–5, bifid; ovules 1 in each cell. Fruit large, drupaceous; exocarp somewhat fleshy; endocarp 1–5-celled. Seeds large; testa thick, woody; cotyledons broad, flat.

1. A. moluccana, ''Willd. Sp. Plant.'' iv. 590.—A handsome spreading tree 30–40 ft. high or more; young leaves and branches more or less clothed with pale or ferruginous stellate pubescence, almost glabrous when old. Leaves crowded towards the ends of the branches, 4–9 in. long, very variable in shape, ovate-lanceolate to broadly rhomboid-ovate, obtuse or acute, entire or 3–5- or 7-lobed. Cymes broad, much branched, tomentose; pedicels short. Flowers numerous, white. Calyx very small, tomentose. Petals about ¼ in. long, obovate, bearded at the base. Stamens 15–20; filaments short, hairy. Female flowers fewer and smaller than the males. Fruit 2 in. diam., smooth, fleshy; seeds 1–2, rarely 3; testa rugose.—''Benth. Fl. Austral.'' vi. 128; ''Cheesem. in Trans. N.Z. Inst. xx. (1888) 172. A. triloba, Forst. Char. Gen.'' 112, t. 56.


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236 the family.” (Ch. II. Sec. 23). That is, the father is likewise master of the ancestral estate, though not of the whole of it, implies that a father may freely dispose of a part of his ancestral estate, even without committing a moral offence. This passage of Yagnuvulkyu, cited by the opposite party, who deny to the father the power of free disposal of ancestral estates, runs, in a great measure, against them, since it disapproves a sale or gift by a father only of the whole of his ancestral landed property, while his sons are living, withholding their consent.

24. To justify the disposal by a father, under particular circumstances, even of the whole ancestral estate, without incurring a moral offence, the author adds, (Ch. II. Sec. 26.) “But if the family cannot be supported without selling the whole immoveable and other property, even the whole may be sold or otherwise disposed of, as appears from the obvious sense of the passage, and because it is directed, that ‘a man should by all means preserve himself;’” and because a sacred writer positively enjoins the maintenance of one’s family by all means possible, and prefers it to every other duty. “His aged mother and father, dutiful wife, and son under age, should be maintained even by committing a hundered unworthy acts. Thus directed Munoo.” Vide Mitakshura, Ch. II. Munoo positively says: “A mother, a father, a wife, and a son, shall not be forsaken; he, who forsakes either of them, unless guilty of a deadly sin, shall pay six hundred panas as a fine to the King.” (Ch. VIII. v. 389).


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630

Glabrous shrubs or small trees. Leaves alternate, petiolate, broad, entire, often glaucous; stipules deciduous. Flowers in terminal racemes, small, apetalous, monœcious. Male flowers: Very numerous, occupying all the upper portion of the raceme. Calyx of 1 or 2 minute flat appressed sepals. Stamens 6–50; filaments very short; anther-cells distinct, divaricate, longitudinally 2 - valved. Female flowers: Few or solitary at the base of the raceme. Calyx 2–3-partite. Ovary 2–3-celled; styles 2–3, linear, entire; ovules 1 in each cell. Capsule didymous or trigonous, fleshy, indehiscent or splitting into 2–3 2-valved cocci. Seeds with a fleshy aril.

1. H. polyandrus, Cheesem.—A handsome slender tree 10–25 ft. high, everywhere perfectly glabrous; branches brittle, terete, marked with the prominent scars of the fallen leaves. Leaves in young plants 3–12 in. diam., in old much smaller, 2–4 in. long, broadly triangular-ovate or rhomboid-orbicular, acute, membranous, somewhat undulate, glaucous beneath; petiole as long or longer than the blade; stipules ¾ in. or more. Racemes slender, erect, 4–8 in. long. Male flowers: Very numerous, rather loosely placed, $1⁄12$ in. diam.; bracts minute, 1–2-glandular at the base. Stamens about 40, very short, closely packed in a globose head. Female flowers: 1 to 4 at the base of the raceme, on long slender pedicels, drooping. Capsule ½–⅔ in., trigonous, 3-celled, splitting into 3 cocci. Seed enveloped in a yellowish aril, frequently persistent on the axis of the fruit.—H. nutans. ''Hook. f. in Journ. Linn. Soc. i. 127 (not of Guill.''). Carumbium polyandrum, ''Hook. f. Handb. N.Z. Fl. 248; Cheesem. in Trans. N.Z. Inst.'' xx. (1888) 172.

Herbs or shrubs or trees, of very diversified habit and foliage. Leaves alternate or opposite, entire or toothed or more rarely divided; stipules present. Flowers unisexual, small aud incon-


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 had the gift, which he sedulously cultivated, of committing to memory the precise features of any remarkable face, and afterwards reproducing them on paper; but if any singularly fantastic form or ontré face came in his way, he would make a sketch of it on the spot, upon his thumb-nail, and carry it home to expand at his leisure. Everything fantastical and original had a powerful attraction for him, and he wandered into many out-of-the-way places for the purpose of meeting with character. By this careful storing of his mind, he was afterwards enabled to crowd an immense amount of thought and treasured observation into his works. Hence it is that Hogarth's pictures are so truthful a memorial of the character, the manners, and even the very thoughts of the times in which he lived. True painting, he himself observed, can only be learnt in one school, and that is kept by Nature. But he was not a highly cultivated man, except in his own walk. His school education had been of the slenderest kind, scarcely even perfecting him in the art of spelling; his self-culture did the rest. For a long time he was in very straitened circumstances, but nevertheless worked on with a cheerful heart. Poor though he was, he contrived to live within his small means, and he boasted, with becoming pride, that he was "a punctual paymaster." When he had conquered all his difficulties and become a famous and thriving man, he loved to dwell upon his early labours and privations, and to fight over again the battle which ended so honourably to him as a man and so gloriously as an artist. "I remember the time," said he on one occasion, "when I have gone moping into the city with scarce a shilling, but as soon as I have


text: Manual of the New Zealand Flora/Euphorbiaceæ


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 received ten guineas there for a plate, I have returned home, put on my sword, and sallied out with all the confidence of a man who had thousands in his pockets."

"Industry and perseverance" was the motto of the sculptor Banks, which he acted on himself, and strongly recommended to others. His well-known kindness induced many aspiring youths to call upon him and ask for his advice and assistance; and it is related that one day a boy called at his door to see him with this object, but the servant, angry at the loud knock he had given, scolded him, and was about sending him away, when Banks, overhearing her, himself went out. The little boy stood at the door with some drawings in his hand. "What do you want with me?" asked the sculptor. "I want, sir, if you please, to be admitted to draw at the Academy." Banks explained that he himself could not procure his admission, but he asked to look at the boy's drawings. Examining them, he said, "Time enough for the Academy, my little man! go home—mind your schooling—try to make a better drawing of the Apollo—and in a month come again and let me see it." The boy went home—sketched and worked with redoubled diligence—and, at the end of the month, called again on the sculptor. The drawing was better; but again Banks sent him back, with good advice, to work and study. In a week the boy was again at his door, his drawing much improved; and Banks bid him be of good cheer, for if spared he would distinguish himself. The boy was Mulready; and the sculptor's augury was amply fulfilled.

The fame of Claude Lorraine is partly explained by his indefatigable industry. Born at Champagne,


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Wait did people actually try to jump out of airplanes? Like this was a problem???? (⊙_⊙;) FPTI (talk) 08:26, 12 February 2024 (UTC)


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The man who adds in any way to the sum of human happiness is strictly in the discharge of a moral duty. When Howard visited the victims of crime and licentiousness, to reform their habits and ameliorate their condition, the question was never asked whether he had been guilty of like excesses or not? The only question the philanthropist would propound, should be, has the deed been done in the true spirit of Christian benevolence? Those who know me, can well attest the motive which has caused the publication of the following sheets, to which they for a long time urged me in vain. Those who do not know me, have no right to impute a wrong motive; and if they do, I had rather be the object, than the authors of condemnation. To publish a CODE OF HONOR, to govern


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 in Lorraine, of poor parents, he was first apprenticed to a pastry-cook. His brother, who was a wood-carver, afterwards took him into his shop to learn that trade. Having there shown indications of artistic skill, a travelling dealer persuaded the brother to allow Claude to accompany him to Italy. He assented, and the young man reached Rome, where he was shortly after engaged by Agostino Tassi, the landscape painter, as his house-servant. In that capacity Claude first learnt landscape painting, and in course of time he began to produce pictures. We next find him making the tour of Italy, France, and Germany, occasionally resting by the way to paint landscapes, and thereby replenish his purse. On returning to Rome he found an increasing demand for his works, and his reputation at length became European. He was unwearied in the study of nature in her various aspects. It was his practice to spend a great part of his time in closely copying buildings, bits of ground, trees, leaves, and such like, which he finished in detail, keeping the drawings by him in store for the purpose of introducing them in his studied landscapes. He also gave close attention to the sky, watching it for whole days from morning till night, and noting the various changes occasioned by the passing clouds and the increasing and waning light. By this constant practice he acquired, although it is said very slowly, such a mastery of hand and eye as eventually secured for him the first rank among landscape painters.

Turner, who has been styled "the English Claude," pursued a career of like laborious industry. He was destined by his father for his own trade of a barber, which he carried on in London, until one


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Rh in cases of individual combat, might seem to imply, that the publisher was an advocate of duelling, and wished to introduce it as the proper mode of deciding all personal difficulties and misunderstandings. Such implication would do me great injustice. But if the question be directly put to me, whether there are not cases where duels are right and proper, I would unhesitatingly answer, there are. If an oppressed nation has a right to appeal to arms in defence of its liberty and the happiness of its people, there can be no argument used in support of such appeal, which will not apply with equal force to individuals. How many cases are there, that might be enumerated, where there is no tribunal to do justice to an oppressed and deeply wronged individual? If he be subjected to a tame submission to insult and disgrace, where no power can shield him from its effects, then indeed it would seem, that the first law of nature, self-preservation, points


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 out the only remedy for his wrongs. The history of all animated nature exhibits a determined resistance to encroachments upon natural rights,—nay, I might add, inanimate nature, for it also exhibits a continual warfare for supremacy. Plants of the same kind, as well as trees, do not stop their vigorous growth because they overshadow their kind; but, on the contrary, flourish with greater vigor as the more weak and delicate decline and die. Those of different species are at perpetual warfare. The sweetest rose tree will sicken and waste on the near approach of the noxious bramble, and the most promising fields of wheat yield a miserable harvest if choked up with tares and thistles. The elements themselves war together, and the angels of heaven have met in fierce encounter. The principle of self-preservation is co-extensive with creation; and when by education we make character and moral worth a part of our-


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 member any but a feeling of interest on this occasion. The noise of the motor seemed very loud-I think it seems so to most people on their first flight.

The plane rose quickly over some nearby oil derricks which are part of the flora in Southern California. I was surprised to be able to see the sea after a few moments of climbing. At 2,000 feet the pilot idled the motor and called out the altitude for me. The sensation of speed is of course absent, and I had no idea of the duration of the hop. When descent was made I know the field looked totally unfamiliar. I could not have picked it out from among the hundreds of little squares into which populated areas are divided. One of the senses which must be developed in flying is an acuteness in recognizing characteristics of the terrain, a sense seldom possessed by a novice.

Lessons in flying cost twice as much in 1920 as they do now. Five hundred dollars was the

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Rh selves, we guard these possessions with more watchful zeal than life itself, and would go farther for their protection. When one finds himself avoided in society, his friends shunning his approach, his substance wasting, his wife and children in want around him, and traces all his misfortunes and misery to the slanderous tongue of the calumniator, who, by secret whisper or artful innuendo, has sapped and undermined his reputation, he must be more or less than man to submit in silence.

The indiscriminate and frequent appeal to arms, to settle trivial disputes and misunderstandings, cannot be too severely censured and deprecated. I am no advocate of such duelling. But in cases where the laws of the country give no redress for injuries received, where public opinion not only authorizes, but enjoins resistance, it is needless and a waste of time to denounce the practice. It will be persisted in as long as a manly independence, and a lofty personal pride


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 in all that dignifies and ennobles the human character, shall continue to exist. If a man be smote on one cheek in public, and he turns the other, which is also smitten, and he offers no resistance, but blesses him that so despitefully used him, I am aware that he is in the exercise of great Christian forbearance, highly recommended and enjoined by many very good men, but utterly repugnant to those feelings which nature and education have implanted in the human character. If it was possible to enact laws so severe and impossible to be evaded, as to enforce such rule of behavior, all that is honorable in the community would quit the country and inhabit the wilderness with the Indians. If such a course of conduct was infused by education into the minds of our youth, and it became praiseworthy and honorable to a man to submit to insult and indignity, then indeed the forbearance might be borne without


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Rh disgrace. Those, therefore, who condemn all who do not denounce duelling in every case, should establish schools where a passive submission to force would be the exercise of a commendable virtue. I have not the least doubt, that if I had been educated in such a school, and lived in such a society, I would have proved a very good member of it. But I much doubt, if a seminary of learning was established, where this Christian forbearance was inculcated and enforced, whether there would be many scholars.

I would not wish to be understood to say, that I do not desire to see duelling to cease to exist entirely, in society. But my plan for doing it away, is essentially different from the one which teaches a passive forbearance to insult and indignity. I would inculcate in the rising generation a spirit of lofty independence; I would have them taught that nothing was more derogatory to the honor of a gentleman, than to wound the feelings


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 of any one, however humble. That if wrong be done to another, it was more an act of heroism and bravery to repair the injury, than to persist in error, and enter into mortal combat with the injured party. This would be an aggravation of that which was already odious, and would put him without the pale of all decent society and honorable men. I would strongly inculcate the propriety of being tender of the feelings, as well as the failings, of those around him. I would teach immutable integrity, and uniform urbanity of manners. Scrupulously to guard individual honor, by a high personal self respect, and the practice of every commendable virtue. Once let such a system of education be universal, and we should seldom hear, if ever, of any more duelling.

The severest penal enactments cannot restrain the practice of duelling, and their extreme severity in this State, the


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Rh more effectually shields the offenders. The teaching and preaching of our eloquent Clergy, may do some service, but is wholly inadequate to suppress it. Under these circumstances, the following rules are given to the public, and if I can save the life of one useful member of society, I will be compensated. I have restored to the bosoms of many, their sons, by my timely interference, who are ignorant of the misery I have averted from them. I believe that nine duels out of ten, if not ninety-nine out of a hundred, originate in the want of experience in the seconds. A book of authority, to which they can refer in matters where they are uninformed, will therefore be a desideratum. How far this code will be that book, the public will decide.

THE AUTHOR


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Whenever you believe that you are insulted, if the insult be in public and by words or behavior, never resent it there, if you have self-command enough to avoid noticing it. If resented there, you offer an indignity to the company, which you should not.If the insult be by blows or any personal indignity, it may be resented at the moment, for the insult to the company did not originate with you. But although resented at the moment, you are bound still to have satisfaction, and must therefore make the demand.


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Rh When you believe yourself aggrieved, be silent on the subject, speak to no one about the matter, and see your friend, who is to act for you, as soon as possible.Never send a challenge in the first instance, for that precludes all negotiation. Let your note be in the language of a gentleman, and let the subject matter of complaint be truly and fairly set forth, cautiously avoiding attributing to the adverse party any improper motive.When your second is in full possession of the facts, leave the whole matter to his judgment, and avoid any consultation with him unless he seeks it. He has the custody of your honor, and by obeying him you cannot be compromitted.Let the time of demand upon your adversary after the insult, be as short as possible, for he has the right to double that time in replying to you, unless you give him some good reason for your delay. Each party is entitled to reasonable


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  time, to make the necessary domestic arrangements, by will or otherwise, before fighting.To a written communication you are entitled to a written reply, and it is the business of your friend to require it.

Whenever you are applied to by a friend to act as his second, before you agree to do so, state distinctly to your principal that you will be governed only by your own judgment,--that he will not be consulted after you are in full possession of the facts, unless it becomes necessary to make or accept the amende honorable, or send a challenge. You are supposed to be cool and collected, and your friend's feelings are more or less irritated.Use every effort to soothe and tranquilize your principal; do not see things in the same aggravated light in which he views them; extenuate the conduct of his adversary whenever you see >


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Rh  clearly an opportunity to do so, without doing violence to your friend's irritated mind. Endeavor to persuade him that there must have been some misunderstanding in the matter. Check him if he uses opprobious epithet towards his adversary, and never permit improper or insulting words in the note you carry.To the note you carry in writing to the party complained of, you are entitled to a written answer, which will be directed to your principal and will be delivered to you by his adversary's friend. If this be not written in the style of a gentleman, refuse to receive it, and assign your reason for such refusal. If there be a question made as to the character of the note, require the second presenting it to you, who considers it respectful, to endorse upon it these words: "I consider the note of my friend respectful, and would not have been the bearer of it, if I believed otherwise."


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 If the party called on, refuses to receive the note you bear, you are entitled to demand a reason for such refusal. If he refuses to give you any reason, and persists in such refusal, he treats, not only your friend, but yourself, with indignity, and you must then make yourself the actor, by sending a respectful note, requiring a proper explanation of the course he has pursued towards you and your friend; and if he still adheres to his determination, you are to challenge or post him.If the person to whom you deliver the note of your friend, declines meeting him on the ground of inequality, you are bound to tender yourself in his stead, by a note directed to him from yourself; and if he refuses to meet you, you are to post him.In all cases of the substitution of the second for the principal, the seconds should interpose and adjust the matter, if the party substituting avows he does not make the quarrel of his principal his


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Rh  own. The true reason for substitution, is the supposed insult of imputing to you the like inequality which if charged upon your friend, and when the contrary is declared, there should be no fight, for individuals may well differ in their estimate of an individual's character and standing in society. In case of substitution and a satisfactory arrangement, you are then to inform your friend of all the facts, whose duty it will be to post in person.If the party, to whom you present a note, employ a son, father or brother, as a second, you may decline acting with either on the ground of consanguinity.If a minor wishes you to take a note to an adult, decline doing so, on the ground of his minority. But if the adult complained of, had made a companion of the minor in society, you may bear the note.When an accommodation is tendered, never require too much; and if the party offering the amende honorable,


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  wishes to give a reason for his conduct in the matter, do not, unless offensive to your friend, refuse to receive it; by so doing you may heal the breach more effectually.If a stranger wishes you to bear a note for him, be well satisfied before you do so, that he is on an equality with you; and in presenting the note state to the party the relationship you stand towards him, and what you know and believe about him; for strangers are entitled to redress for wrongs, as well as others, and the rules of honor and hospitality should protect him.


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 price for ten or twelve hours instruction, and that was just half what had been charged a few years before.

When I came down I was ready to sign up at any price to have a try at the air myself. Two things deterred me at that moment. One was the tuition fee to be wrung from my father, and the other the determination to look up a woman flyer who, I had heard, had just come to another field. I felt I should be less self-conscious taking lessons with her, than with the men who overwhelmed me with their capabilities. Neta Snook, the first woman to be graduated from the Curtiss School of Aviation, had a Canuckan easier plane to fly than a Jenny, whose Canadian sister it was. Neta was good enough to take payments for time in the air, when I could make them, so in a few days I began hopping about on credit with her. I had failed to convince my father of the necessity of my flying, so

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When a note is presented to you by an equal, receive it, and read it, although you may suppose it to be from one you do not intend to meet, because its requisites may be of a character which may readily be complied with. But if the requirements of a note cannot be acceded to, return it, through the medium of your friend, to the person who handed it to you, with your reason for returning it.

If the note received be in abusive terms, object to its reception, and return it for that reason; but if it be respectful, return an answer of the same character, in which respond correctly and openly to all interrogatories fairly propounded, and hand it to your friend, who, it is presumed, you have consulted, and who has advised the answer; direct it to the oppo-


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 site party, and let it be delivered to his friend.

You may refuse to receive a note, from a minor, (if you have not made an associate of him); one that has been posted; one that has been publicly disgraced without resenting it; one whose occupation is unlawful; a man in his dotage and a lunatic. There may be other cases, but the character of those enumerated will lead to a correct decision upon those omitted.If you receive a note from a stranger, you have a right to a reasonable time to ascertain his standing in society, unless he is fully vouched for by his friend.

If a party delays calling on you for a week or more, after the supposed insult, and assigns no cause for the delay, if you require it, you may double the time before you respond to him; for the wrong cannot be considered aggravated; if borne patiently for some days, and the time may have been used in preparation and practice.


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Rh

When consulted by your friend, who has received a note requiring explanation, inform him distinctly that he must be governed wholly by you in the progress of the dispute. If he refuses, decline to act on that ground.

Use your utmost efforts to allay all excitement which your principal may labor under; search diligently into the origin of the misunderstanding; for gentlemen seldom insult each other, unless they labor under some misapprehension or mistake; and when you have discovered the original ground or error, follow each movement to the time of sending the note, and harmony will be restored.

When your principal refuses to do what you require of hi, decline further acting on that ground, and inform the opposing second of your withdrawal from the negotiation.


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After all efforts for a reconciliation are over, the party aggrieved sends a challenge to his adversary, which is delivered to his second.

Upon the acceptance of the challenge, the seconds make the necessary arrangements for the meeting, in which each party is entitled to a perfect equality. The old notion that the party challenged, was authorized to name the time, place, distance and weapon, has been long since exploded; nor would a man of chivalric honor use such a right, if he possessed it. The time must e as soon as practicable, the place such as had ordinarily been used where the parties are, the distance usual, and the weapons that which is most generally used, which, in this State, is the pistol.


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Rh If the challengee insist upon what is not usual in time, place, distance and weapon, do not yield the point, and tender in writing what is usual in each, and if he refuses to give satisfaction, then your friend may post him.

If your friend be determined to fight and not post, you have the right to withdraw. But if you continue to act, and have the right to tender a still more deadly distance and weapon, and he must accept.

The usual distance is from ten to twenty paces, as may be agreed on; and the seconds in measuring the ground, usually step three feet.

After all the arrangements are made, the seconds determine the giving of the word and position, by lot; and he who gains has the choice of the one or the other, selects whether it be the word or the position, but he cannot have both.


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The challengee has no option when negotiation has ceased, but to accept the challenge.

The second makes the necessary arrangements with the second of the person challenging. The arrangements are detailed in the preceding chapter.


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The principals are to be respectful in meeting, and neither by look or expression irritate each other. They are to be wholly passive, being entirely under the guidance of their seconds.

When once posted, they are not to quit their positions under any circumstances, without leave or direction of their seconds.

When the principals are posted, the second giving the word, must tell them to stand firm until he repeats the giving of the word, in the manner it will be given when the parties are at liberty to fire.

Each second has a loaded pistol, in order to enforce a fair combat according to the rules agreed on; and if a principal fires before the word or time agreed on, he is at liberty to fire at him, and if such second's principal fall, it is his duty to do so.


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Rh my economic status itself remained a bit in the air.

I had opportunity to get a fair amount of information about details of flying despite my erratic finances. In Northampton, where I had stayed a while after the war, I had taken a course in automobile repair with a group of girls from Smith College. To me the motor was as interesting as flying itself, and I welcomed a chance to help in the frequent pulling down and putting together which it required.

New students were instructed in planes with dual controls; the rudder and stick in the front cockpit are connected with those in the rear so that any false move the student makes can be corrected by the instructor. Every move is duplicated and can be felt by both flyers. One lands, takes off, turns, all with an experienced companion in command. When passengers are carried these controls are removed for safety's sake with little trouble. If there is telephone

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 If after a fire, either party be touched, the duel is to end; and no second is excusable who permits a wounded friend to fight; and no second who knows his duty, will permit his friend to fight a man already hit. I am aware there have been many instances where a contest has continued, not only after slight, but severe wounds, had been received. In all such cases, I think the seconds are blamable.

If after an exchange of shots, neither party be hit, it is the duty of the second of the challengee, to approach the second of the challenger and say: "Our friends have exchanged shots, are you satisfied, or is there any cause why the contest should be continued?" If the meeting be of no serious cause of complaint, where the party complaining had in no way been deeply injured, or grossly insulted, the second of the party challenging should reply: "The point of honor being settled, there can, I conceive, be no objection to a reconciliation, and I


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Rh propose that our principals meet on middle ground, shake hands, and be friends." If this be acceded to by the second of the challengee, the second of the party challenging, says: "We have agreed that the present duel shall cease, the honor of each of you is preserved, and you will meet on middle ground, shake hands and be reconciled." If the insult be of a serious character, it will be the duty of the second of the challenger, to say, in reply to the second of the challengee: "We have been deeply wronged, and if you are not disposed to repair the injury, the contest must continue." And if the challengee offers nothing by way of reparation, the fight continues until one or the other of the principals is hit.

If in cases where the contest is ended by the seconds, as mentioned in the sixth rule of this chapter, the parties refuse to meet and be reconciled, it is the duty of the seconds to withdraw from the field, informing their principals, that the


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 contest must be continued under the superintendence of other friends. But if one agrees to this arrangement of the seconds, and the other does not, the second of the disagreeing principal only withdraws.

If either principal on the ground refuses to fight or continue the fight when required, it is the duty of his second to say to the other second: "I have come upon the ground with a coward, and do tender you my apology for an ignorance of his character; you are at liberty to post him." The second, by such conduct, stands excused to the opposite party.

When the duel is ended by a party being hit, it is the duty of the second to the party so hit, to announce the fact to the second of the party hitting, who will forthwith tender any assistance he can command to the disabled principal. If the party challenging, hit the challengee, it is his duty to say he is satisfied, and will leave the ground. If the challenger


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Rh be hit, upon the challengee being informed of it, he should ask through his second, whether he is at liberty to leave the ground which should be assented to.


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The principals, seconds, one surgeon and one assistant surgeon to each principal; but the assistant surgeon may be dispensed with.Any number of friends that the seconds agree on, may be present, provided they do not come within the degrees of consanguinity mentioned in the seventh rule of Chapter I.Persons admitted on the ground, are carefully to abstain by word or behavior, from any act that might be the least exceptionable; nor should they stand near the principals or seconds, or hold conversations with them.


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The arms used should be smooth-bore pistols, not exceeding nine inches in length, with flint and steel. Percussion pistols may be mutually used if agreed on, but to object on that account is lawful. Each second informs the other when he is about to load, and invites his presence, but the seconds rarely attend on such invitation, as gentlemen may be safely trusted in the matter. The second, in presenting the pistol to his friend, should never put it in his pistol hand, but should place it in the other, which is grasped midway the barrel, with muzzle pointing in the contrary way to that which he is to fire, informing him that his pistol is loaded and ready for use. Before the word is given, the principal grasps the butt firmly in his


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Rh pistol hand, and brings it round, with the muzzle downward, to the fighting position. The fighting position, is with the muzzle down and the barrel from you; for although it may be agreed that you may hold your pistol with the muzzle up, it may be objected to, as you can fire sooner from that position, and consequently have a decided advantage, which ought not to be claimed, and should not be granted.


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 The prevailing rule is, that words used in retort, although more violent and disrespectful than those first used, will not satisfy,--words being no satisfaction for words.When words are used, and a blow given in return, the insult is avenged; and if redress be sought, it must be from the person receiving the blow.When blows are given in the first instance and not returned, and the person first striking, be badly beaten or otherwise, the party first struck is to make the demand, for blows do not satisfy a blow.Insults at a wine table, when the company are over-excited, must be answered for; and if the party insulting have no recollection of the insult, it is his


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Rh  duty to say so in writing, and negative the insult. For instance, if the man say: "you are a liar and no gentleman," he must, in addition to the plea of the want of recollection, say: "I believe the party insulted to be a man of the strictest veracity and a gentleman."Intoxication is not a full excuse for insult, but it will greatly palliate. If it was a full excuse, it might be well counterfeited to wound feelings, or destroy character.In all cases of intoxication, the seconds must use a sound discretion under the above general rules.Can every insult be compromised? is a mooted and vexed question. On this subject, no rules can be given that will be satisfactory. The old opinion, that a blow must require blood, is not of force. Blows may be compromised in many cases. What those are, much depend on the seconds.


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Since the above Code was in press, a friend has favored me with the IRISH CODE OF HONOR, which I had never seen; and it is published as an Appendix to it. One thing must be apparent to every reader, viz., the marked amelioration of the rules that govern in duelling at the present time. I am unable to say what code exists now in Ireland, but I very much doubt whether it be of the same character which it bore in 1777. The American Quarterly Review for September, 1824, in a notice of Sir Jonah Barrington's history of his own times, has published this code; and followed it up with some remarks, which I have thought proper to insert also. The grave reviewer has spoken of certain States in terms so unlike a gentleman, that I would advise him to look at home, and say


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 connection, communication and explanation are much easier than by any methods of signs or shouting. This telephone equipment, by the way, seems to be more usual in England than here.

I am glad I didn't start flying in the days of the "grass cutters," which exemplified an earlier method of flying instruction. One of the amusing sights of the war training period was that of the novices hopping about the countryside in these penguin planes. They could fly only a few feet from the ground and had to be forced off to do that. The theory had been that such activity offered maximum practice in taking off and landing. In addition it was a sort of Roman holiday for the instructorsthey had nothing much to do but, so to speak, wind up their playthings and start them off. And nothing very serious could happen one way or the other.

It was really necessary for a woman to wear breeks and leather coats in these old days of

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Rh whether he does not think that the manners of his own countrymen, do not require great amendment? I am very sure, that the citizens of the States so disrespectfully spoken of, would feel a deep humiliation, to be compelled to exchange their urbanity of deportment, for the uncouth incivility of the people of Massachusetts. Look at their public journals, and you will find them, very generally, teeming with abuse of private character, which would not be countenanced here. The idea of New England becoming a school for manners, is about as fanciful as Bolinbroke's "idea of a patriot king." I like their fortiter in re, but utterly eschew their suaviter in modo.

"The practice of duelling and points of honor settled at Clonmell summer assizes, 1777, by the gentleman delegates of Tipperary, Galway, Mayo, Sligo and Roscommon, and prescribed for general adoption throughout Ireland.


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Rh "Rule 1.—The first offence requires the apology, although the retort may have been more offensive than the insult.—Example: A. tells B. he is impertinent, &c.; B. retorts, that he lies; yet A. must make the first apology, because he gave the first offence, and then, (after one fire,) B. may explain away the retort by subsequent apology.

"Rule 2.—But if the parties would rather fight on: then, after two shots each, (but in no case before,) B. may explain first, and A. apologize afterward.

"Rule 3.—If a doubt exist who gave the first offence, the decision rests with the seconds; if they won't decide or can't agree, the matter must proceed to two shots, or a hit, if the challenger requires it.

"Rule 4.—When the lie direct is the first offence, the aggressor must either beg pardon in express terms; exchange two shots previous to apology; or three shots followed up by explanation; or fire


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Rh on till a severe hit be received by one party or the other.

"Rule 5.—As a blow is strictly prohibited under any circumstances among gentlemen, no verbal apology can be received for such an insult; the alternatives therefore are: the offender handing a can to the injured party, to be used on his own back, at the same time begging pardon; firing on until one or both is disabled; or exchanging three shots, and then asking pardon without the proffer of the cane.

"If swords are used, the parties engage till one is well-blooded, disabled or disarmed; or until, after receiving a wound, and blood being drawn, the aggressor begs pardon.

"N.B. A disarm is considered the same as a disable; the disarmer may (strictly) break his adversary's sword; but if it be the challenger who is disarmed, it is considered ungenerous to do so.

"In case the challenged be disarmed and refuses to ask pardon or atone, he must not be killed as formerly; but the


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Rh challenger may lay his sword on the aggressor's shoulder, than break the aggressor's sword, and say, 'I spare your life!' The challenged can never revive the quarrel, the challenger may.

"Rule 6.—If A. give B. the lie, and B. retorts by a blow, (being the two greatest offences,) no reconciliation can take place till after two discharges each, or a severe hit; after which, B. may beg A.'s pardon for the blow, and then A. may explain simply for the lie; because a blow is never allowable, and the offence of the lie therefore merges in it. (See preceding rule.)

"N.B. Challenges for individual causes, may be reconciled on the ground, after one shot. An explanation, or the slightest hit should be sufficient in such cases, because no personal offence transpired.

"Rule 7.—But no apology can be received, in any case, after the parties have actually taken their ground, without exchange of fires.


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Rh "Rule 8.—In the above case, no challenger is obliged to divulge the cause of his challenge, (if private,) unless required by the challenged to do so before their meeting.

"Rule 0.—All imputations of cheating at play, races, &c, to be considered equivalent to a blow; but may be reconciled after one shot, on admitting their falsehood, and begging pardon publicly.

"Rule 10.—Any insult to a lady under a gentleman's care or protection, to be considered as, by one degree, a greater offence than if given to the gentleman personally, and to be regulated accordingly.

"Rule 11.—Offences originating or accruing from the support of a lady's reputation, to be considered as less unjustifiable than any other of the same class, and as admitting of lighter apologies by the aggressor; this to be determined by the circumstances of the case, but always favorably to the lady.


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Rh "Rule 12.—In simple unpremeditated rencontres with the small sword or couteau-de-chasse, the rule is, first draw, first sheathe; unless blood be drawn: then both sheathe, and proceed to investigation.

"Rule 13.—No dumb-shooting, or firing in the air, admissible in any case. The challenger ought not to have challenged without receiving offence; and the challenged ought, if he gave offence, to have made an apology before he came on the ground: therefore, children's play must be dishonorable on one side or the other, and is accordingly prohibited.

"Rule 14.—Seconds to be of equal rank in society with the principals they attend, inasmuch as a second may choose or chance to become a principal, and equality is indispensable.

"Rule 15.—Challenges are never to be delivered at night, unless the party to be challenged intend leaving the place of of-


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Rh fence before morning; for it is desirable to avoid all hot-headed proceedings.

"Rule 16.—The challenged has the right to choose his own weapon, unless the challenger gives his honor he is no swordsman; after which, however, he cannot decline any second species of weapon proposed by the challenged.

"Rule 17.—The challenged chooses his ground; the challenger chooses his distance; the seconds fix the time and terms of firing.

"Rule 18.—The seconds load in presence of each other, unless they give their mutual honors that they have charged smooth and single, which should be held sufficient.

"Rule 19.—Firing may be regulated, first by signal; secondly, by word of command; or, thirdly, at pleasure, as may be agreeable to the parties. In the latter case, the parties may fire at their reasonable leisure, but second presents and rests are strictly prohibited.


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Rh "Rule 20.—In all cases a miss-fire is equivalent to a shot, and a snap or a non-cock is to be considered as a miss-fire.

"Rule 21.—Seconds are bound to attempt a reconciliation before the meeting takes place, or after sufficient firing or hits, as specified.

"Rule 22.—Any wound sufficient to agitate the nerves and necessarily make the hands shake, must end the business for that day.

"Rule 23.—If the cause of meeting be of such a nature that no apology or explanation can or will be received, the challenged takes his ground, and calls on the challenger to proceed as he chooses: in such cases firing at pleasure is the usual practice, but may be varied by agreement.

"Rule 24.—In slight cases, the second hands his principal but one pistol; but in gross cases, two, holding another case ready charged in reserve.


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Rh "Rule 25.—When seconds disagree, and resolve to exchange shots themselves, it must be at the same time and at right angles with their principals.

"If with swords, side by side, at five paces interval.

"N.B. All matters and doubts not herein mentioned, will be explained and cleared up by application to the committee, who meet alternately at Clonmell and Galway, at their quarter sessions, for the purpose.

"CROW RYAN, President."

"JAMES KEOG,

"AMBY BODKIN, Secretaries."


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"Rule 1.—No party can be allowed to bend his knee or cover his side with his left hand; but may present at any level from the hip to the eye.

"Rule 2.—One can neither advance nor retreat, if the ground be measured. If the ground be unmeasured, either party may advance at pleasure, even to touch muzzle; but neither can advance on his adversary after the fire, unless his adversary step forward on him.

"The seconds stand responsible for this last rule being strictly observed; bad cases have accrued from neglecting it."

This precise and enlightened digest was rendered necessary by the multitude of quarrels that arouse without "sufficient dignified provocation:" the point of honor men required a uniform government; and the code thus formed was disseminated throughout the island, with


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 aviation. The fields were dirty and planes hard to enter. People dressed the part in a semi-military khaki outfit, and in order to be as inconspicuous as possible I fell into the same styles. A leather coat I had then, I wore across the Atlantic, eight years later.

Neta sold her plane and I bought one and changed instructors after a few hours' work. John Montijo, an ex-army instructor, took charge of me and soloed me after some strenuous times together. I refused to fly alone until I knew some stunting. It seemed foolhardy to try to go up alone without the ability to recognize and recover quickly from any position the plane might assume, a reaction only possible with practice. In short, to become thoroughly at home in the air, stunting is as necessary as, and comparable to, the ability to drive an automobile in traffic. I was then introduced to aerobatics and felt not a bit afraid when sent "upstairs" alone for the first time.

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Rh directions that it should b strictly observed by all gentlemen, and kept in their pistol cases. The rules, with some others, were commonly styled "the thirty-six commandments," and, according to the author, have been much acted upon down to the present day. Tipperary and Galway were the chief schools of duelling. We remember to have heard, in travelling to the town of the former name in a stage coach, a dispute between two Irish companions, on the point, which was the most gentlemanly country in all Ireland—Tipperary or Galway? and both laid great stress upon the relative duelling merits of those counties. By the same criterion, Tennessee, Kentucky, Georgia and South Carolina, would bear away the palm of gentility among the States of the Union.


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 Out of the linen-closet that smells of lavender, Will my skin smell black even then, will my skin smell black? The lantern shook in his hand. This was black, here, This was black to see and feel and smell and taste, The blackness of black, with one weak lamp to light it As ineffectually as a firefly in Hell, And, being so, should be silent. But the hold Was never silent. There was always that breathing. Always that thick breathing, always those shivering cries. A few of the slaves Knew English at least the English for water and Jesus. "I'm dying." "Sick." "My name Caesar." Those who knew These things, said these things now when they saw the lantern Mechanically, as tamed beasts answer the whipcrack. Their voices beat at the light like heavy moths. But most made merely liquid or guttural sounds Meaningless to the mate, but horribly like The sounds of palateless men or animals trying To talk through a human throat. The mate was used To the confusion of limbs and bodies by now. At first it had made him think of the perturbed Blind coil of blacksnakes thawing on a rock In the bleak sun of Spring, or Judgment Day Just after the first sounding of the trump When all earth seethes and crumbles with the slow Vast, mouldy resurrection of the dead. But he had passed such fancies. ! He must see As much as he could. He couldn't see very much. They were too tightly packed but-no plague yet, And all the chains were fast. Then he saw something. The woman was asleep but her baby was dead. He wondered whether to take it from her now. 13


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 peculiar singing effect, and excelled in playing from fortissimo to pianissimo and vice versa. They possessed much power of colouring, and elegance of execution, the true Italian refinement of taste—broad, not finikin like the modern French school, in its finish. They both composed many solos for the flute, some of which are excellent. The only Spanish flautist deserving notice is José Maria del Carmen Ribas (1796-1861), who served as a soldier under Wellington in the Peninsular War, and fought at the battle of Toulouse. Ribas played the flute and the clarinet equally well—often at the same concert—and also played the concertina. For many years he was a leading orchestral player on the flute in London; playing at the Philharmonic Concerts (1838-41) and the Italian opera. He was the first to play the famous Scherzo in Mendelssoln's Midsummer Night's Dream in England, and the composer was so pleased at the rehearsal that he asked Ribas to play it over three times, saying that he had no idea it would be so effective. Ribas played the old flute and possessed a powerful tone.

A remarkable and eccentric genius, whose name is familiar to every flautist, Adolf Terschak (1832-1901), was born at Hermannstadt in Transylvania, and studied at the Vienna Conservatoire. In 1863 he had a quarrel with Böhm, whose flute he never would adopt. Terschak was a born "globe-trotter," and gave flute recitals in all sorts of out-of-the-way places, which had never before been visited by any European flautist of note. Much of his life was spent in Arabia, Astrachan, Siberia, Korea, China, Japan, and


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 Usually a student takes off nonchalantly enough but doesn't dare land until his gas supply fails. Any field is familiar with the sight of beginners circling about overhead, staying up solely because they can't bear to come down. The thought of landing without their instructors to help them, if need be, becomes torture, which is only terminated by the force of gravity.

In soloing—as in other activities—it is far easier to start something than it is to finish it. Almost every beginner hops off with a whoop of joy, though he is likely to end his flight with something akin to D. T.'s.

I reversed the process. In taking off for the first time alone, one of the shock absorbers broke, causing the left wing to sag just as I was leaving the ground. I didn't know just what had happened, but I did know something was wrong and wondered what I had done. The mental agony of starting the plane had just been gone through and I was suddenly faced with the

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Rh agony of stopping it. It was all in a matter of seconds, of course, and somehow I contrived to do the proper thing. My brief "penguin" flight came to a prompt conclusion without further mishap.

When the damage had been repaired, I took courage to try again, this time climbing about 5,000 feet, playing around a little, and returning to make a thoroughly rotten landing. At once I had my picture taken by a gentleman from Iowa who happened to be touring California and wanted a few rare sights for the album back home.

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 of the flute." His compositions, many of which are still often performed, abound in exaggerated cadenzas, sometimes occupying whole pages and wandering through half a dozen keys; they require that the player should, like Demersseman himself, possess most powerful and retentive lungs.

Italy appears to have produced but few flute-players of note: Ciardi and Briccialdi are the only prominent names. Cæsar Ciardi (1818-1877) when he visited England in 1847 was encored at the London opera-house, whilst Grisi, Mario, and Tamburini were waiting to be heard. Mr. Broadwood says that he heard Ciardi sustain a crescendo for four consecutive bars of adagio, whereupon Mr. Rudall declared that he "was fit to play before a chorus of angels"—although his instrument was an old Viennese flute with a crack all down the head joint. Guilio Briccialdi (1818-1881), a native of Terni, learned the flute from his father. He ran away from home (to avoid being forced into the Church), with twopence halfpenny in his pocket. After a tramp of forty miles he reached Rome, and entered the Academy of St. Cecilia, where in course of time he became Professor. He subsequently visited the principal cities of Europe (London in 1848) and America, and was Professor at Florence when he died. He was a brilliant performer, although he held his flute extremely awkwardly. He adopted the Böhm. His tone is reported to have been poor. Briccialdi was a remarkably handsome man. Both these Italian players produced a


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Rh when his car, or the other fellow's, skids on the wet pavement for the first time? The answer is that good driving results from experience and the requisite of having met many varied situations.

And so with planes. Straight flying is, of course, the necessary basis; but it is the ability to meet crises, large and small, which counts. And the only way to train for that is, as I have said, to have actual instruction in stunting and in meeting emergencies. To gain experience after the beginner has soloed, and while he is at home in a plane he knows intimately and upon a field familiar to him, he should play around in the air for four or five hours alone, practising landings, take-offs, turns and all the rest of it where he is perfectly safe and can come down easily any time.

Then he should have three or four more hours' instruction in emergency situations. This feature is too often overlooked. As I visualize it,

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 The idea that the material used affects the tone has been questioned by Lavignac. M. Victor Mahillon recently experimented with a wooden and a brass trumpet, and he declares that the tone of each is identicalthe wood quite as "brassy" as the genuine article. Sax tried similar experiments with a brass clarinet with the like result. This certainly upsets all previous theories, and is well deserving of further investigation. The truth would appear to be that the tone quality does not depend so much on the material used (although it has a certain amount of influence on it) as upon the form of the instrument itself.


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RV 442 (ANSWER.])


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The man who was waiting in Mr. Pawle's room, and who rose from his chair with alacrity as the old lawyer entered with Viner at his heels, was an alert, sharp-eyed person of something under middle-age, whose clean-shaven countenance and general air immediately suggested the Law Courts. And he went straight to business before he had released the hand which Mr. Pawle extended to him.

"Your clerk has no doubt already told you what I came about, Mr. Pawle?" he said. "This Ashton affair."

"Just so," answered Mr. Pawle. "You know something about it? This gentleman is Mr. Richard Viner, who is interested in it—considerably."

"To be sure," said the barrister. "One of the witnesses, of course. I read the whole thing up last night. I have been on the Continent—the French Riviera, Italy, the Austrian Tyrol—for some time, Mr. Pawle, and only returned to town yesterday. I saw something, in an English newspaper, in Paris, the other day, about this Ashton business, and as my clerk keeps the Times for me when I am absent, last night I read over the proceedings before the magistrate and before the coroner. And of course I saw


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Author:William Shepard Walsh

Works

 * Heroes and Heroines of Fiction (1914–1915)

title: Author:William Shepard Walsh


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Author:Edward Litt Laman Blanchard

As Francisco Frost

 * The Old Woman and her Three Sons; or, Harlequin and the Wizard of Wokey Hole (1839)
 * Pat-A-Cake Pat-A-Cake; or, Harlequin and the Baker's Man! (1839)
 * The World of Wonders; or, Harlequin Caxton, and the Origin of Printing (1847)
 * Eyes, Nose, and Mouth; or, Harlequin Prince Perfect, and the Birth of Beauty (1847)
 * The Pets of the Ballet, a song (1847)
 * William the Conqueror and Harlequin Harold; or, The Sack of the Saxons (1848)
 * Belphegore the Itinerant (1851)
 * Sir John Barleycorn; or, Harlequin Champagne and the Fairies of the Hop and Vine (1852)

As E. L. Blanchard

 * Arcadia; or, The Shepherd and Shepherdess (1841)
 * Heads and Tales of Travellers and Travelling (1847)
 * Harlequin Lord Lovell; or, Lady Nancy Bell and the Fairies of the Silver Oak (1848)
 * Little Goody Two Shoes; or, Harlequin Cock Robin (1862)
 * Number Nip; or, Harlequin and the Gnome King of the Giant Mountain (1866)
 * Sinbad (1882)

title: Author:Edward Litt Laman Blanchard


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 your request for information about Ashton and his recent movements."

"And you've some to give?" asked Mr. Pawle.

"I have some to give," assented Mr. Perkwite, as the three men sat down by Mr. Pawle's desk. "Certainly—and I should say it's of considerable importance. The fact is I met Ashton at Marseilles, and spent the better part of the week in his company at the Hotel de Louvre there."

"When was that?" asked Mr. Pawle.

"About three months ago," replied the barrister. "I had gone straight to Marseilles from London; he had come there from Italy by way of Monte Carlo and Nice. We happened to get into conversation on the night of my arrival, and we afterwards spent most of our time together. And finding out that I was a barrister, he confided certain things to me and asked my advice."

"Aye—and on what, now?" enquired the old lawyer.

"It was the last night we were together," replied Mr. Perkwite. "We had by that time become very friendly, and I had promised to renew our acquaintance on my return to London, where, Ashton told me, he intended to settle down for the rest of his life. Now on that last evening at Marseilles I had been telling him, after dinner, of some curious legal cases, and he suddenly remarked that he would like to tell me of a matter which might come within the law, and on which he should be glad of advice. He then asked me if I had ever heard of the strange disappearance of Lord Marketstoke, heir to the seventh Earl of Ellingham. I replied that I had


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 at the time when application was made to the courts for leave to presume Lord Marketstoke's death.

"Thereupon, pledging me to secrecy for the time being, Ashton went on to tell me that Lord Marketstoke was well known to him and that he alone knew all the facts of the matter, though a certain amount of them was known to another man, now living in London. He said that Marketstoke, after a final quarrel with his father, left England in such a fashion that no one could trace him, taking with him the fortune which he had inherited from his mother, and eventually settled in Australia, where he henceforth lived under the name of Wickham. According to Ashton, he and Marketstoke became friends, close friends, at a very early period of Marketstoke's career in Australia, and the friendship deepened and existed until Marketstoke's death some twelve or thirteen years ago. But Ashton never had the slightest notion of Marketstoke's real identity until his friend's last days. Then Marketstoke told him the plain truth; and the fact who he really was at the same time was confided to another man—who, however, was not told all the details which were given to Ashton.

"Now, Marketstoke had married in Australia. His wife was dead. But he had a daughter who was about six years of age at the time of her father's death. Marketstoke confided her to Ashton, with a wish that she should be sent home to England to be educated. He also handed over to Ashton a considerable sum of money for this child. Further, he gave him a quantity of papers, letters, family documents, and so on. He had a purpose. He left it to Ashton—in whom he evidently had the most abso-


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 lute confidence—as to whether this girl's claim to the title and estates should be set up. And when Ashton had finished telling me all this, I found that one of his principal reasons in coming to England to settle down, was the wish to find out how things were with the present holder of the title: if, he said, he discovered that he was a worthy sort of young fellow, he, Ashton, should be inclined to let the secret die with him. He told me that the girl already had some twelve thousand pounds of her own, and that it was his intention to leave her the whole of his own fortune, and as she was absolutely ignorant of her real position, he might perhaps leave her so. But in view of the possibility of his setting up her claim, he asked me some questions on legal points, and of course I asked him to let me see the papers of which he had spoken."

"Ah!" exclaimed Mr. Pawle, with a sigh of relieved satisfaction. "Then you saw them?"

"Yes—he showed me the whole lot," replied Mr. Perkwite. "Not so many, after all—those that were really pertinent, at any rate. He carried those in a pocketbook; had so carried them, he told me, ever since Marketstoke had handed them to him; they had never, he added, been out of his possession, day or night, since Marketstoke's death. Now, on examining the papers, I at once discovered two highly important facts. Although Marketstoke went to and lived in Australia under the name of Wickham, he had taken good care to get married in his own proper name, and there, amongst the documents, was the marriage certificate, in which he was correctly described. Further, his daughter had been correctly


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 designated in the register of her birth; there was a copy, properly attested, of the entry."

Mr. Pawle glanced at Viner, and Viner knew what he was thinking of. The two documents just described by Mr. Perkwite had not been among the papers which Methley and Woodlesford had exhibited at Carless & Driver's office.

"A moment," said Mr. Pawle, lifting an arresting finger. "Did you happen to notice where this marriage took place?"

"It was not in Melbourne," replied Mr. Perkwite.

"My recollection is that it was at some place of a curious name. Ashton told me that Marketstoke's wife had been a governess in the family of some well-to-do-sheep-farmer—she was an English girl, and an orphan. The child, however, was certainly born in Melbourne and registered in Melbourne."

"Now, that's odd!" remarked Mr. Pawle. "You'd have thought that when Lord Marketstoke was so extensively advertised for some years ago, on the death of his father, some of these officials—"

"Ah! I put that point to Ashton," interrupted Mr. Perkwite. "He said that Marketstoke, though he had taken good care to be married in his own name and had exercised equal precaution about his daughter, had pledged everybody connected with his marriage and the child's birth to secrecy."

"Aye!" muttered Mr. Pawle. "He would do that, of course. But continue."

"Well," said the barrister, "after seeing these papers, I had no doubt whatever that the case as presented by Ashton was quite clear, and that his ward Miss Avice Wickham is without doubt Countess of


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 Ellingham (the title, I understand, going in the female as well as the male line) and rightful owner of the estates. And I told him that his best plan, on reaching England, was to put the whole matter before the family solicitors. However, he said that before doing that, there were two things he wanted to do. One was to find out for himself how things were—if the young earl was a satisfactory landlord and so on, and likely to be a credit to the family; the other was that he wanted to consult the man who shared with him the bare knowledge that the man who had been known in Melbourne as Wickham was really the missing Lord Marketstoke. And he added that he had already telegraphed to this man to meet him in Paris."

"Ah!" exclaimed Mr. Pawle with a look in Viner's direction. "Now we are indeed coming to something! He was to meet him in Paris! Viner, I'll wager the world against a China orange that that's the man whom Armitstead saw in company with Ashton in the Rue Royale, and—no doubt—the man of Lonsdale Passage! Mr. Perkwite, this is most important. Did Ashton tell you the name of this man?"

The old lawyer was tremulous with excited interest, and Mr. Perkwite was obviously sorry to disappoint him.

"Unfortunately, he did not!" he replied. "He merely told me that he was a man who had lived in Melbourne for some time and had known Marketstoke and himself very intimately—had left Melbourne just after Marketstoke's death, and had settled in London. No, he did not mention his name."

"Disappointing!" muttered Mr. Pawle. "That's


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 the nearest approach to a clue that we've had, Perkwite. If we only knew who that man was! But—what more can you tell us?"

"Nothing more, I'm afraid," answered the barrister. "I promised to call on Ashton when I returned to London, and when he'd started housekeeping, and we parted—I went on next morning to Genoa, and he set off for Paris. He was a pleasant, kindly, sociable fellow," concluded Mr. Perkwite, "and I was much grieved to hear of his sad fate."

"He didn't correspond with you at all after you left him at Marseilles?" asked Mr. Pawle.

"No," replied the barrister. "No—I never heard of or from him until I read of his murder."

Pawle turned to Viner.

"I think we'd better tell Perkwite of all that's happened, within our own ken," he said, and proceeded to give the visitor a brief account of the various important details. "Now," he concluded, "it seems to me there's only one conclusion to be arrived at. The man who shared the secret with Ashton is certainly the man whom Armitstead saw with him in Paris. He is probably the man whom Hyde saw leaving Londsdale Passage, just before Hyde found the body. And he is without doubt the murderer, and is the man to whom this claimant fellow is acting as cat's-paw. And—who is he?"

"There must be some way of finding that out," observed Mr. Perkwite. "If your theory is correct, that this claimant is merely a man who is being put forward, then surely the thing to do is to get at the person or persons behind him, through him!"

"Aye, there's that to be thought of," asserted Mr.


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 Pawle. "But it may be a tougher job than we think for. It would have been a tremendous help if Ashton had only mentioned a name to you."

"Sorry, but he didn't," said Mr. Perkwite. "You feel," he continued after a moment's silence, "you feel that this affair of the Ellingham succession lies at the root of the Ashton mystery—that he was really murdered by somebody who wanted to get possession of those papers?"

"And to remain sole repository of the secret," declared Mr. Pawle. "Isn't it established that beyond yourself and this unknown man nobody but Ashton knew the secret?"

"There is another matter, though," remarked Viner. He turned to the visitor. "You said that you and Ashton became very friendly and confidential during your stay in Marseilles. Pray, did he never show you anything of a valuable nature which he carried in his pocketbook?"

The barrister's keen eyes suddenly lighted up with recollection.

"Yes!" he exclaimed. "Now you come to suggest it, he did! A diamond!"

"Ah!" said Mr. Pawle. "So you saw that!"

"Yes, I saw it," assented Mr. Perkwite. "He showed it to me as a sort of curiosity—a stone which had some romantic history attaching to it. But I was not half as much interested in that as in the other affair."

"All the same," remarked Mr. Pawle, "that diamond is worth some fifty or sixty thousand pounds, Perkwite—and it's missing!"