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Midland Asphalt Corp. v. United States/Opinion of the Court

JUSTICE SCALIA delivered the opinion of the Court.

Federal Rule of Criminal Procedure 6(e)(2) prohibits public disclosure by Government attorneys of "matters occurring before the grand jury" except in certain specified circumstances. This case presents the question whether a district court order denying a criminal defendant's motion to dismiss an indictment for an alleged violation of Rule 6(e) is immediately appealable.

I
On January 23, 1987, a federal grand jury in the Western District of New York returned an indictment against petitioners Midland Asphalt Corporation, a business engaged in the sale of liquid bituminous material used to resurface roads, and Albert C. Litteer, Midland's president and part owner. The indictment alleged that they had violated § 1 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C. § 1, by conspiring with other unindicted persons to allocate contracts and to submit collusive bids to the State of New York and certain counties in western New York. On July 21, 1987, petitioners moved to dismiss the indictment on grounds which included an alleged violation by federal prosecutors of Rule 6(e)(2).

Petitioners' Rule 6(e) allegations arose from the following facts: When the grand jury that ultimately returned the Sherman Act indictment was sitting, Midland and another company under investigation brought suit seeking to have the Government pay for the cost of compliance with grand jury subpoenas. In re Grand Jury Subpoenas to Midland Asphalt Corp. and Krantz Asphalt Co., Civ. No. 85-633E (WDNY, Feb. 12, 1985) (In re Grand Jury Subpoenas). In [p796] that action Midland filed a motion asking that the District Court compel the Government to retain its rough and final notes of witness interviews. In response, the Government filed a memorandum in which it agreed to retain rough notes and final reports prepared by prosecutors and other Government personnel during its investigation of the western New York road-paving business. Approximately one year later, the defendants in a separate criminal case, also involving allegations of asphalt contract bid rigging in western New York State, United States v. Allegany Bitumens, Inc., Crim. No. 86-59C (WDNY, Apr. 14, 1986), filed a similar motion to require the Government to preserve its interview notes. Again the Government filed a memorandum agreeing to do so, noting that it had already made such a commitment to the District Court, and attaching a copy of its earlier memorandum in the In re Grand Jury Subpoenas case.

Petitioners' motion to dismiss the indictment in the present case alleged that the Government's filing, in Allegany Bitumens, of its memorandum from the In re Grand Jury Subpoenas case, publicly "disclose[d] matters occurring before the grand jury" in violation of Rule 6(e)(2). Specifically, the motion alleged that the memorandum disclosed the nature and focus of the investigation, the name of a grand jury witness, and the fact that the witness was to testify as an individual and not as a document custodian for Midland. Finding that the prosecution had not violated Rule 6(e)(2), the District Court denied petitioners' motion to dismiss the indictment.

On appeal in the Court of Appeals for the Second Circuit, the Government moved to dismiss for lack of jurisdiction, contending that the District Court's order declining to dismiss the indictment was not a "final decision" under 28 U.S.C. § 1291. Petitioners responded that this Court's decision in United States v. Mechanik, 475 U.S. 66 (1986), in which we held that an alleged violation of Federal Rule of Criminal Procedure 6(d) was rendered harmless beyond a [p797] reasonable doubt by a petit jury's guilty verdict, would make district court orders denying motions to dismiss indictments based on alleged violations of Rule 6(e) "effectively unreviewable on appeal from a final judgment," Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978), and hence immediately appealable under the collateral order doctrine, see ibid. The Court of Appeals rejected petitioners' contention on the ground that Rule 6(d), the subsection at issue in Mechanik, exists primarily "to protect the person under investigation from being indicted in the absence of probable cause," 840 F.2d 1040, 1046 (1988), whereas Rule 6(e) serves the different function of "protect[ing] society's interest in keeping secret the identity of grand jury witnesses and persons under investigation," ibid. It concluded that "Mechanik [would not] preclud[e] a federal court of appeals from exercising post-trial review of an order denying a motion to dismiss an indictment for violation of Rule 6(e)," ibid., that denials of motions to dismiss indictments for alleged violations of Rule 6(e) are therefore not immediately appealable under the collateral order doctrine, and that the Government's motion to dismiss the appeal in the case before it should be granted.

We granted certiorari to resolve a disagreement among the Courts of Appeals. 487 U.S. 1217 (1988). [p798]

II
In the Judiciary Act of 1789, 1 Stat. 73, the First Congress established the principle that only "final judgments and decrees" of the federal district courts may be reviewed on appeal. Id., at 84. The statute has changed little since then: 28 U.S.C. § 1291 today provides that federal courts of appeals "shall have jurisdiction of appeals from all final decisions of the district courts except where a direct review may be had in the Supreme Court." For purposes of this provision, a final judgment is normally deemed not to have occurred "until there has been a decision by the District Court that 'ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. Van Cauwenberghe v. Biard, 486 U.S. 517, 521 (1988), quoting Catlin v. United States, 324 U.S. 229, 233 (1945). In criminal cases, this prohibits appellate review until after conviction and imposition of sentence. Flanagan v. United States, 465 U.S. 259, 263 (1984); Berman v. United States, 302 U.S. 211, 212 (1937). Since petitioners have not yet even been tried, much less convicted or sentenced, it is plain that the District Court's order denying their motion to dismiss falls within this prohibition.

In Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949), we carved out a narrow exception to the normal application of the final judgment rule, which has come to be known as the collateral order doctrine. This exception considers as "final judgments," even though they do not "end the litigation on the merits," decisions "which finally determine claims of right separate from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate jurisdiction be deferred until the whole case is adjudi- [p799] cated." Id., at 546. To fall within the limited class of final collateral orders, an order must (1) "conclusively determine the disputed question," (2) "resolve an important issue completely separate from the merits of the action," and (3) "be effectively unreviewable on appeal from a final judgment." Coopers & Lybrand v. Livesay, supra, at 468.

We have interpreted the collateral order exception "with the utmost strictness" in criminal cases. Flanagan, supra, at 265. Although we have had numerous opportunities in the 40 years since Cohen to consider the appealability of prejudgment orders in criminal cases, we have found denials of only three types of motions to be immediately appealable: motions to reduce bail, Stack v. Boyle, 342 U.S. 1 (1951), motions to dismiss on double jeopardy grounds, Abney v. United States, 431 U.S. 651 (1977), and motions to dismiss under the Speech or Debate Clause, Helstoski v. Meanor, 442 U.S. 500 (1979). These decisions, along with the far more numerous ones in which we have refused to permit interlocutory appeals, manifest the general rule that the third prong of the Coopers & Lybrand test is satisfied only where the order at issue involves "an asserted right the legal and practical value of which would be destroyed if it were not vindicated before trial." United States v. MacDonald, 435 U.S. 850, 860 (1978).

We have little difficulty concluding that an order denying a motion to dismiss an indictment for an alleged violation of Rule 6(e) does not satisfy our "stringent conditions for qualification as an immediately appealable collateral order." Flanagan, supra, at 270. Whether a violation of Rule 6(e) will be reviewable on appeal following conviction, as the Court of Appeals below held, 840 F.2d, at 1046, or will be rendered harmless as a matter of law by the conviction, as the Ninth Circuit has decided, United States v. Benjamin, 812 F.2d 548, 553 (1987), a district court order declining to dismiss an indictment for an alleged violation of the Rule fails one or the other of the final two requirements set out in [p800] Coopers & Lybrand. If Mechanik is not extended beyond violations of Rule 6(d), and if Rule 6(e) violations can accordingly provide the basis for reversal of a conviction on appeal, it is obvious that they are not "effectively unreviewable on appeal from a final judgment." Coopers & Lybrand, 437 U.S., at 468. If, on the other hand, Mechanik is applied to bar postconviction review of alleged violations of Rule 6(e), it will be because the purpose of that Rule is the same as the purpose of Rule 6(d), namely, to "protec[t] against the danger that a defendant will be required to defend against a charge for which there is no probable cause to believe him guilty," Mechanik, 475 U.S., at 70, which danger has demonstrably been avoided whenever there is a guilty verdict at trial. If this latter analysis is correct, however, orders denying motions to dismiss for Rule 6(e) violations cannot be said to "resolve an important issue completely separate from the merits of the action," Coopers & Lybrand, supra, at 468, but rather involve "considerations enmeshed in the merits of the dispute," Van Cauwenberghe, supra, at 528, and would "affect or be affected by" the decision on the merits of the case, DiBella v. United States, 369 U.S. 121, 126 (1962) (emphasis added). Thus, whatever view one takes of the scope of Mechanik (an issue we need not resolve here), the present order is not immediately appealable.

Petitioners attempt to avoid this reasoning by suggesting that orders of this sort, even if theoretically reviewable after conviction, are "effectively unreviewable," Coopers & Lybrand, supra, at 468, once trial has been held, because they pertain to a right "the practical value of which [is] destroyed if it [is] not vindicated before trial," MacDonald, supra, at 860—namely, the right not merely not to be convicted, but not to be tried at all "on an indictment returned by a grand jury whose decision to indict was substantially influenced by the government's violation of 6(e)." Brief for Petitioner 24. We do not agree. It is true that deprivation of the right not to be tried satisfies the Coopers & Lybrand [p801] requirement of being "effectively unreviewable on appeal from a final judgment." See Abney v. United States, supra; Helstoski v. Meanor, supra. One must be careful, however, not to play word games with the concept of a "right not to be tried." In one sense, any legal rule can be said to give rise to a "right not to be tried" if failure to observe it requires the trial court to dismiss the indictment or terminate the trial. But that is assuredly not the sense relevant for purposes of the exception to the final judgment rule.

"'Certainly, the fact that this Court has held dismissal of the indictment to be the proper remedy when the Sixth Amendment right to a speedy trial has been violated does not mean that a defendant enjoys a 'right not to be tried' which must be safeguarded by interlocutory appellate review. Dismissal of the indictment is the proper sanction when a defendant has been granted immunity from prosecution, when his indictment is defective, or, usually, when the only evidence against him was seized in violation of the Fourth Amendment. Obviously, however, this has not led the Court to conclude that such defendants can pursue interlocutory appeals.' MacDonald, supra, at 860, n.7."

There is a "crucial distinction between a right not to be tried and a right whose remedy requires the dismissal of charges." United States v. Hollywood Motor Car Co., 458 U.S. 263, 269 (1982). A right not to be tried in the sense relevant to the Cohen exception rests upon an explicit statutory or constitutional guarantee that trial will not occur—as in the Double Jeopardy Clause ("nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb"), see Abney v. United States, supra, or the Speech or Debate Clause ("[F]or any Speech or Debate in either House, [the Senators and Representatives] shall not be questioned in any other Place"), see Helstoski v. Meanor, supra. Neither Rule 6(e) nor the Constitution affords such a guarantee in the event of a violation of grand jury secrecy.

[p802] The text of Rule 6(e) contains no hint that a governmental violation of its prescriptions gives rise to a right not to stand trial. To be sure, we held last Term in Bank of Nova Scotia v. United States, 487 U.S. 250, 263 (1988), that a district court has authority in certain circumstances to dismiss an indictment for violations of Rule 6(e). But as just noted, that has nothing to do with a "right not to be tried" in the sense relevant here.

As for the Grand Jury Clause of the Fifth Amendment, that reads in relevant part as follows: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury." That does indeed confer a right not to be tried (in the pertinent sense) when there is no grand jury indictment. Undoubtedly the common-law protections traditionally associated with the grand jury attach to the grand jury required by this provision—including the requisite secrecy of grand jury proceedings. But that is far from saying that every violation of those protections, like the lack of a grand jury indictment itself, gives rise to a right not to be tried. We have held that even the grand jury's violation of the defendant's right against self-incrimination does not trigger the Grand Jury Clause's "right not to be tried." Lawn v. United States, 355 U.S. 339, 349 (1958). Only a defect so fundamental that it causes the grand jury no longer to be a grand jury, or the indictment no longer to be an indictment, gives rise to the constitutional right not to be tried. An isolated breach of the traditional secrecy requirements does not do so.

For these reasons, the Court of Appeals was correct to grant the Government's motion to dismiss the appeal, and its judgment is

Affirmed.


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 went to the said kingdom. Without the knowledge of the father visitador, Solis, as soon as he arrived at Japon, presented [to the king] a rich gift, which according to various estimates cost seven or ten thousand ducados. He also presented certain letters in the name of the king our sovereign, whereupon he was very kindly received by the Japanese king. The latter gave Solis a letter ordering the refunding of all that had been taken from him, with interest. After this Solis obtained permission to build a vessel, which was already completed, all but stepping the masts. The boatswain was found dead one morning, and the ship scuttled. Solis, after the Portuguese and Theatins had denied that they had done this, went to Meaco. When the king of Japon asked him why he did not go, he told him what had happened; and recounted to him what the father visitador had done. Thereupon, the king began to persecute the Theatin fathers. The witness declares further that the said king gave the said Captain Solis a letter ordering that no Portuguese or any other person should dare or attempt to oppose him any further.

Juan Sami declared that he saw and read a letter from the king of Xapon to the governor of these islands. Its substance was as follows: "Formerly I was a man of little renown. Now all who live beneath the sky recognize me and are my vassals. I ordered the king of Core to render me homage. At

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


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 his refusal, I sent my captain to war upon him, and seize his land even to the confines of Liauton. This Liauton is a land with many Chinese soldiers, near which resides the king of China. I have seized the fortress of Partho, which I have subdued, and it is very devoted to me, because I love the people of that fortress as fathers and mothers love their children. Those who recognize my authority I do not ill-treat, but I send my captains to war upon whomsoever shall refuse to submit to me. I am writing this letter to thee, so that it may prove a token, signal, and reminder. Thou shalt write these things to the king of Castilla quickly, so that he may be informed thereof. Do not delay, but write at once. I send thee that sword, which is called quihocan." He declares that this letter was given to the father while in the court; and that when the father was about to leave, he received a second of like tenor, written later than the above. In it the emperor stated that he was sending this Faranda as ambassador.

In what pertains to Corean matters, he declares that the Japanese did indeed conquer the kingdom at first, but that many soldiers came from the country of Liacaton, who harassed the Japanese greatly. After many of the Japanese had died by sword and disease, the Chinese recovered this fortress of Partho and other districts.

He declares moreover, that father Fray Juan Cobo asked him: "Why dost thou fear to have the Japanese go to China?" He answered him that the Chinese did not fear them, as there were many sol-


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 diers; and even if the Japanese should kill many of them at first, many others would come afterwards. When he asked the father if he were afraid to have them come here, to Luçon, he said that the father answered: "No, even if many hundreds of Japanese should come." He declares that it was after the father had talked with the king that the churches were destroyed.

Antonio Lopez declares that father Fray Juan Cobo showed the king of Japon the kingdoms of our king on a globe. He gave this to the king, with the names of the kingdoms written in Chinese characters, with the distances between them. The occasion for this arose, because when the king of Xapon read the letter written from this country, he saw so many kingdoms, whereupon he asked to have them pointed out to him in detail, with their size and the distances between them. The father told him that the Portuguese were subjects of the king of Castilla. The father wrote this to Hunquin, who requested it from him in the name of the king. Antonio Lopez says that he does not know whether it was on the occasion of Hunquin asking the father why he did not acknowledge subjection to him, or on the other occasion of the father coming to say that the present which he had taken to the king of Japon was not sent in the name of our king (for he did not acknowledge any superior), but that it would be from the Theatin fathers; but after the father had conversed with the king, on his return they found the churches destroyed.

Moreover, he says that at some time during this month Luis, a servant of Joan de Solis, will come here. This man served as interpreter between the


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 "crisis of power" which was developing at that time, after the movement of July 16–17, up to the departure of the Cadets from the Cabinet, Minister Chernov was constantly occupied with the useful, interesting, profoundly working class task of "wheedling" his bourgeois colleagues, trying to persuade them to agree at least to abolish transactions of purchase and sale of land. This abolition was solemnly promised to the peasants at the All-Russian Congress (Soviet) of Peasants' Delegates at Petrograd. But the promise simply remained a promise. Chernov was unable to carry out the measure either in May or in June, and not until after the revolutionary wave, in the elemental uprising of July 16–17, simultaneously with the departure of the Cadets from the ministry, which provided the possibility of carrying out such measures. But even then this measure remained isolated and impotent to introduce any serious improvement in the peasants' struggle for land against the landholders.

At the same time at the front, the counter-revolutionary task of renewing the imperialistic predatory war, which Guchkov, hated by the people, had not succeeded in achieving, was accomplished brilliantly by the "revolutionary democrat" Kerensky, the newly-baked member of the Social-Revolutionary Party. Kerensky intoxicated himself with his own oratory, while the capitalists burned incense in his honor, worshiped him while using him as a puppet. And the reason was simple: Kerensky had been a true and faithful friend of the capitalists, persuading the "revolutionary troops" to consent to a renewal of the war, as a means of carrying out the treaties signed by Czar Nicholas II with the capitalists of England and France, a war having as its object the conquest, for the capitalists, of Constantinople and Lemberg, Erzerum and Trebizond.

Thus passed the second phase of the Russian Revolution, from the 19th of May to the 18th of June. The counter-revolutionary bourgeoisie was being strengthened and invigorated under the cover and with the active defense of the "Socialist" ministers, who had prepared an offensive both against the external enemy and the enemy within, the revolutionary workers.

On June 18 the party of the revolutionary workers, the Bolsheviki, prepared a demonstration in Petrograd in order to afford an organized expression to the irresistibly growing dissatisfaction and indignation of the masses. Fettered by their agreements with the bourgeoisie, entangled in the imperialistic policy of an offensive, the


text: Coming of Age in Samoa/Chapter 1

title: Coming of Age in Samoa/Chapter 1


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 father and the king of Japon, and also Hunquin.

Moreover, Antonio declares that when he was accompanying father Fray Juan Cobo one day, as they journeyed together, he asked the father: "Father, shall we have war in Luçon this year?" The father answered: "No, we shall not." The father said that he was going to Castilla this year to discuss some matters that only he could discuss there, as he alone had seen them; and that it would be advisable to send fathers of St. Francis to Japon this year, for the fathers do not desire money. The Japanese are tractable in disposition, and they greatly desired the fathers. The father said it would be advisable for him to continue diverting them for four years, when the fortresses in Manila would be completed; and then there would be war.

Formerly I was an insignificant man and held in but little esteem; but I set out to conquer this round expanse under the sky, and those who live beneath the sky upon the earth are all my vassals. Those who do homage to me have peace and security, and live without fear. But I immediately send my captains and soldiers to those who do not render homage to me, to make war upon them, as has recently happened to the king of Core. Because he refused homage to me, I have seized his kingdom even to the confines of Liauton, located near the court of the Chinese king. Already have I seized the fortress and district of Parto, and have pacified it thoroughly. Although the kingdoms were in revolt and about to make war, I gave them by means of my good plans,


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 all thought of the weather to the mind of the master of our ship. Even the men who were not accustomed to the sea became very sad, and still more the women, who rested their heads on the bottom of the ship and did nothing but weep. The sailors, however, seemed to think nothing of it, and sung the following boat-song.” Tsurayuki gives few lines of it, and then proceeds. “There was a great deal more of this kind of stuff, but I do not write it down. Listening to the laughter at these verses, our hearts became somewhat calmed in spite of the raging of the sea. It was quite dark when we at length reached our anchorage for the night.”

Three more days leisurely travelling brought them to Murotsu, a port just to the west of the eastern of the two horns which the island of Shikoku sends out to the southward. The morning after their arrival here, a slight but constant rain prevented them from starting, and the passengers took the opportunity to go on shore for a bath. In the entry for this day, Tsurayuki mentions a curious superstition. He tells us that since the day on which they first embarked no one wore scarlet or other rich colours or good silks lest they should incur the anger of the gods of the sea. The next day the rain continued. It was a Buddhist fast-day, and Tsurayuki kept it faithfully till noon, but as suitable food for fast-days was not obtainable on board, he bought with rice (not having any copper cash) a tai which one of the sailors had caught the day before. This was the beginning of a trade between him and the sailors, saké and rice being exchanged for fish. There was no change in the weather till the 17th, the fifth day from their arrival at Murotsu. On that day they started early in the morning with the moon then a few days past the full, shining over a waveless sea which reflected the sky so perfectly, that, as Tsurayoki said, the heaven above and the ocean beneath could not be distinguished. He composed the following stanza on this occasion.

“What is this that strikes against my oar as the boat

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 thought out in one, two, or three days, one after another, laws and decrees, whereby I pacified them; for I love my vassals as parents love their children. The kings of other nations are not as I; for although they give me but little, still I receive them. In that paper I am sending thee those words, in order that they may serve as a reminder. Thou shalt write the following at once to the king of Castilla: "Those who insult me cannot escape, but those who hearken to me and obey me live in peace and sleep with security." I send thee this sword, called quihocan, as a present. Talk with Tuquy at once, and do not delay.

Antonio declares that Firanda's clerk said to him yesterday: "Antonio, see that thou tellest the truth. It matters little that we Japanese are about. Thou shalt tell the truth." Antonio answered him that he would indeed tell the truth, and what was not true, he would not say.

Antonio declares that when he asked a Japanese friend of his, who brings a few cotton articles, why he served Faranda, and if it were better for his trading, this Japanese answered that Faranda was their ruler, and without his leave not one of them could return to Japon. If Faranda did not obtain a favorable message this year, then he would not return to Japon; but if they treated him well he would return. Antonio declares that this good treatment means obedience to the king of Japon.

Moreover he declared that Faranda's brother told him that four months are needed to go from Mexico to Luçon, and from there at Luçon to Mexico another four; and on this account but few soldiers could


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 come from Mexico. Japan is not more than twenty days' journey distant, and therefore it would be well for us to appreciate this fact. Antonio declares that he told this to Father Juan Cobo and to Captain Llanos.

Antonio says that one Usangro, a great friend of Faranda, took him, while in Japon, to his house. This man is now sick in the ship. Antonio says it will be advisable for him to take Usangro to his house, in order to repay his hospitality. He says that he will try to find out from this man how affairs stand.

He declares that those who accompanied Faranda assert that the latter came to become governor of Manila. All those of the ship say this, and he heard it said likewise in Japon. He did not know whether Faranda were to govern only the Japanese, or the Tagals, or the Spaniards as well.

He asserts also that Faranda's servants told the Sangleys to be careful of their actions, for their master Faranda was to govern them also here at Manila.

He says that what he understands of Faranda's purpose is, that the latter promised the king of Japon that he would plan how these islands should render the king homage. His intention is to take a certain rich present with him, in order that he might say in Japon that he brings recognition. But now, as the father has not come, and as he believes that he will not obtain the present that he seeks, he is sad; and thus he will be very low-spirited, compared to his previous state of mind.

He says also that when Don Agustin, a Tagal of Tondo, and Don Baltazar, a Japanese, conspired together to seize Manila, Don Agustin gave the latter


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 a hat, and Don Baltasar gave the said Don Agustin a morion and some cuirasses. This Antonio says also that father Fray Juan Cobo conferred with him upon the advisability of our concerting with China against Japon, in the following manner: If the Japanese should attack China, we would aid the latter; and if they attacked these islands, then the Chinese should aid us.

He asserts that the father once told him that Faranda, as he had lost his property, was about to come to these islands to confer with the governor, so that his two vessels might engage in trade between these islands and Japon. When Antonio said to the father: "Take care that thou dost not reveal the design of this man, namely, to wrest Manila from you Spaniards," the father responded that Faranda did not dare do it. Antonio says that he does not know whether the father told this to Faranda to test him, for well he knows it, but it is certain that the father knows that the Japanese are trying to have the people of Manila render homage to them.

Miguel Onte says that he has heard it reported that, about forty years ago, the Japanese were trading in China. Then they were very mild, and feigned to be very humble. But after they had learned the passages, rivers, and entrances, they came to China to plunder; and thirty-four years ago they robbed him and many others who were with him.

He says that in the time of Santiago de Vera, the Chinese said to the latter: "Take care, sir, do not allow the Japanese to come here; for if a few come now, and receive hospitable treatment, more of them will come tomorrow, and continually more, so that


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 what happened to us will happen to you Spaniards."

He says that he has heard it reported that the father of this Faranda requested the conquest of these islands from the king of Japon a number of years ago. To this end he requested five thousand soldiers; and the king of Japon promised him ten thousand. He has felled trees and prepared timber to build vessels.

Moreover, he declares that two other vessels are about to come here now. Before the coming of the Japanese this year, there were four hundred Japanese here. These two vessels have brought almost three hundred, and another three hundred will come in the ships that are coming. Therefore much caution must be employed.

He says also that many of the Sangleys who came with Faranda declare that this Faranda wants a share in these islands, and that they do homage to him. Miguel says that he cannot understand what Faranda wants here, unless it is this thing. If something is not given him, he will not return to Japon, but will send for troops.

He declares further that, when the Japanese made their first assault in China, they were living there peacefully. One night they set fire to the town that they inhabited, and captured and robbed all the people whom they could find. Many of the Sangleys fear lest this be enacted here. For why has Faranda come here to Manila, unless for this? It is said that he is gloomy because of the non-arrival of the troops.

He declares further that what he understands of the Chinese is, that if the Spaniards, when war should break out, would make arrangements with the Chinese to give them money and the heads of all the Japanese that they might kill—giving them a cer-


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 tain sum for each head, and allowing them to take it to China afterwards—many of the Chinese would fight with good courage. Two or three thousand soldiers could be found, who would fight very bravely.

He says that it would be advisable to go to Patan and Sian for saltpeter and lead. Sangley Christians could go for this in their own vessels. He declares further that, in case of necessity, they might bring from the Atarrayas, whose habitations extend from here to Palañaque, more than thirty picos of lead.

I, Fray Juan de San Pedro Martir, declare that I have learned, through a very certain and indubitable medium, that one of the Japanese who accompanied Faranda, and who is in his immediate service, told a certain individual that Faranda was coming to these islands in order that they might render him homage. If they should refuse it, he would not dare return to Japon; as the king of that country would hang him, if he returned without taking Manila, or its fort. There were five hundred Japanese here for the accomplishment of this. In testimony of the truth of the above, I affix my signature. April twenty-four, one thousand five hundred and ninety-three.

Antonio says that he heard it said in Hunquin's house in Japon that ten bañes of soldiers (one hundred thousand Japanese) would come here. When this Antonio told them that these islands contained only five or six thousand soldiers, and that here at Manila there were no more than three or four thou-


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 sand soldiers, the Japanese said that so many troops would be unnecessary; and therefore that ten thousand would be sufficient.

He asserts further that his guest said, about three days ago, that three days would be sufficient for five or six thousand men to come here to Manila.

He says also that the clerk of Faranda and of the ship (who was arrested yesterday), while talking today with Pablo Rroman, told the latter that twenty Japanese were equal to twenty of us.

Antonio Lopez says also that on the night when his Lordship granted him leave to go to his house—the night of the feast of the Resurrection—Pablo Rroman was in the ship. This was told Antonio by the Sangleys, in particular by one of his cousins. Therefore they could ascertain from the father the intentions of Faranda. He says that he heard that he was going for copper.

This Antonio says also that, while he was in Faranda's house, Faranda ordered Don Pedro Leon, a Japanese, to ask a Spaniard present to fence with him. The Spaniard fenced, whereupon Faranda remarked that he was skilful. This he said in sarcastic comment on us, as was gathered from his manner of saying it.

He says also that the Sangleys who came in Faranda's ship complained that Faranda does not allow them to remove their possessions from it, and that none of them are willing to return with him.

He says also that the distance from Japon to Liutue is three hundred Japanese leguas, which are equal to two hundred Castilian leguas. In his opinion, and he says the father thought the same, ten Japanese leguas are equivalent to eight of ours.


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 He says also that a Japanese threatened Antonio Melo, a Christian Sangley, that, if he sold the vessel which he had brought from Japon, he would speak to Cunbaço, who would crucify the Sangley.

He says also that one sails from Luiteui [Liukiu?] to the island of Hermosa, whence he strikes Sioabuetabo, where the men go naked. If the weather is favorable, this voyage takes two days and one night, but if not, the only ports are in these islands of Liuitiui above mentioned. This Liuitiui consists of seven islands. He asked this in Japon.

He declares further that his guest told him that, if no fathers are sent to Japon this year, there will be war next year. If the governor sends a present to Cuanbaco, Faranda and Cuanbaco will be very glad; but if not, then there will be war. Father Fray Juan Cobo had discussed the same thing with this Antonio.

Antonio asserts, moreover, that he suspected in Japon that Hunquin would not allow Juan de Solis's ship to sail. He remarked this to Juan Sami, his comrade, a Christian Sangley, who had gone to Japon with him and father Fray Juan Cobo. He based this assertion on the fact that when this Antonio wished to bring the ship in which the father had come, Hunquin must have prevented its sailing; for, until this Faranda left, a servant of Hunquin remained at the port. Although this man was poor, yet Faranda respected him, feasted him, and gave him a garment when he left. His name was Hirobio.

Moreover, he says that his host told him that four or five thousand men would come in large vessels to conquer these islands, and that this number was sufficient. Only ten ships would be needed for this.

He declares that, in his opinion, it would be an


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 advisable plan for the governor to contrive to despatch a couple of Japanese vessels without telling Faranda that he would give him any present, or any fathers to accompany him. He should show signs that he wishes to detain Faranda, in order to ascertain his intention in this way; for the latter has said that his ship must leave these islands first.

He asserts also that the Japanese emperor admits in his letter that the sword which he sent by means of the same Japanese, is called guihoccan. This is a Chinese word, which, being translated into our language, signifies: "I am sending thee that token of brotherly love. Cross the sea, so that thou mayst render submission to me." This letter gi, or word gui, signifies "love," and a token of the love which exists between brothers. This word hoc signifies subjection. Finally this word can signifies sea. Thus "the sword guihoccan" admits of the above explanation.

He declares also that his guest told him that the ships would not come to this bay; but that the soldiers would march here by land.

Miguel Onte declares that many Sangleys would buy catanas, but they did not dare, for fear lest the governor would take them away. He says the Chinese would like to sail five sail five days ahead of the Japanese.

Antonio Lopez says that the helmsmen of the ship have told him that they and the pilot had consulted together as to the way of reaching Manila in the quickest time, and says that they will come by way of Liuteui. He declares also that he thinks that the


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 Japanese have detained Pedro Solis's vessel and another one, which were about to sail; for surely, had they not been detained, they would have arrived. He says also that the reason why the helmsmen do not wish to return is because they know that the Japanese are coming next year, and that the latter will force them to bring them here. On this account, they wish to remain here and return to China. He says, too, that great care should be taken; for, in his opinion, it would be very advisable to detain, the Japanese, and not allow them to return. For it is certain that they will try to subdue us; but if these do not return, the Japanese in Japon will be as though blind. He says further that Faranda told him yesterday that affairs were turning out well, and that they and we would be friends; and that it was very well that the governor had invited them. He also said that because the inhabitants of Core refused their friendship, and endeavored to fortify themselves, the Japanese retreated, in such manner as their knowledge of the country permitted—not being acquainted with the routes in the fortified part of the country, but only with those where it was not defended.

[Endorsed: "Ancient fears of Japon, 1593."]

Last year I wrote to your Grandeur through father Fray Juan Cobo, in reply to a letter given to me here in your royal name, although I had good reason to doubt the authenticity of the embassy as well as the meaning of the words, and I have waited almost a year to receive your statement and reply; and have


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 only received a very short and general letter from Father Cobo, stating that he sailed away from there six months ago, highly favored and with his mission expedited by your royal hands, which I kiss therefor. Two Xaponese vessels, which have been hospitably received by me, have arrived here—one of them bringing Faranda, who claims to be your ambassador, but who brings neither a chapa nor your letter, nor an answer to mine, nor anything to clear up my doubt. And now, considering the uncertainty of the sea-voyage, and the fact that Father Cobo has not come, I am more in the dark than ever, and more desirous of learning your royal intentions and wishes. For, although Faranda brings me no credentials, yet I cannot believe that a vassal of your Grandeur, and one to all appearance so honored, would dare to appropriate and use your royal name without your order. Therefore, in such uncertainty, I cannot do otherwise than hear him and speed him in his mission. I answered a memorial which he gave me, as he will show you. At present, to clear up the doubt and uncertainty, I am sending father Fray Pedro Baptista, who is a most serious man, of much worth and character, with whom I counsel and advise in the affairs most important to my king; in short, he is my comfort and my consolation, as he is to all the people of this state. He carries with him the letters which have passed between us, and the copy of Faranda's memorial, and my answer thereto, so that he may there consider the whole affair with your royal person and bring back to me the explanation and certainty and decision which are to be hoped from your royal heart. He has power from me to accept and establish the peace and amity which are offered


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 in your royal name and requested from us by Faranda; and the treaty shall be held in force and observed until such time as the king my lord, advised of the facts, shall order me what to do. I trust that all will come out as you desire. I, for my part, shall do all I can to further this. May God keep your royal person and grant much prosperity to you. From Manila, on the twentieth of May, in the year one thousand five hundred and ninety-three since our Lord's birth.

I was particularly inclined to send this despatch by one who, besides the high esteem in which he is held by me, is a member of the holy order of St. Francis, as Faranda requested this in his memorial addressed to me, wherein he said that it would greatly please you to see there fathers of this blessed order. This man is one of most strict and holy life, which alone would make him worthy of veneration.


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THE HUNTERIAN ORATION. 15 tion of infamy to the sentence,* and in an early age, to such an extent, it would appear, has this principle been carried, that the criminal has been consigned to the custody and use of the anatomist, even without the preliminary measure of execution. Of this, we are informed by Fallopius incidentally, when discussing the operation of poisons, and without comment on the extraordinary nature of the transaction. “ Fever,” he observes, “hath a mighty power of resisting a cold poison, a fact of which we had experience at Pisa, in the case of a man destined for dissection. The Prince had ordered that we should have a man delivered to us to be killed in our own way, (quem nostro modo interficimus), and anatomized. To this man, we gave two drams of opium, but he labouring under a quartan ague, and the fit just coming on, the opium was hindered of its effect. He then boastfully desired that we should give him as much more of the medicine, and in the event of its not proving fatal, prayed that we would intercede for him with the Prince. We gave him two drams more; but it was in the interval between the fits, and he died.” +

grants of the bodies of murderers and felons to the Colleges of Surgery and Medicine, originating rather in the notion of exemplary punishment than in that of forwarding this most useful study.” —Laws
 * “The only boons yet offered to the science of physiology are the

relating to the Medical Profession. By J. W. Willcock, Esquire, 1830, Chap. X.

+ Fallopii Opera quee adhuc extant omnia, fol. Francof. 1584,— Tractatus de tumoribus preter naturam. Cap. xiv. page 712. �

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16 THE HUNTERIAN ORATION. Our historical records do not indicate that the discovery of the Circulation was immediately succeeded by striking improvements in the practical departments of medicine and surgery. More of the groundwork was yet wanting in the knowledge and comprehensive views of the Animal Economy, from which the advances of medicine in modern times have emanated. The researches of Harvey in two great subjects of Physiology, the Circulation of the Blood, and Generation, had no decided effect, it would appear on the sagacious mind of Sydenham, who flourished in the immediately succeeding period, for we do not find that in his writings, he enforced the study of anatomy and physiology, nor does he specify this study when propounding the ways of improving physic. Probably, however, it was for the reason that Sydenham, strongly impressed with the error of his time in interweaving philosophical speculations with the histories of disease, thought, that he could render the best service to medicine by proceeding upon the model of the Father of Physic, the never enough extolled Hippocrates, as he styles him, to collect and record accurate histories of disease, free from preconceived opinions, inculcating that, ‘ although there are varieties in the symptoms of disease, yet Nature acts in so orderly a manner that the same disease appears with the like symptoms in different persons, so that the symptoms observed in Socrates in his illness, may be applied to another person afflicted with the �

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THE HUNTERIAN ORATION. 17 same disease, as the general marks of plants run through the same plants of every kind ;” and in describing dis- ease, continues Sydenham, “ it is, as in the description of a violet, as to its colour and other properties, that this description will agree, in most particulars, with all the violets in the universe.”* It is worthy of remark that Sydenham, in framing his method of learning how to recognize and treat disease, was counselled by his friend Locke, hence the doubts which have been ex- pressed whether it is to Sydenham, or to Locke, physicians are chiefly indebted for the method which still continues to be their model in study and practice.

Although not immediately conducive to the advance of surgery, the discovery of the circulation had its good effect, as the historians of the time have recorded, in correcting the overweening confidence in the opinions of the Ancients against the evidence of observation and experiment. ‘ Wherefore,” asks the first public opponent of Harvey's views, “is the use of the circulation? To what can the new doctrine lead ? Certainly to no good in medicine, for the ancients were perfect in their knowledge of the cure of disease, and this without the knowledge of the circulation.” Such was the philosophy of the time, overcome, not so much by the conviction of the truth of the new doctrine, as by the admirable manner in which the researches to esta-

 * Preface to the Works of Sydenham.

+ The Life of John Locke, by Lord King, Vol. I. page 16. �

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18 THE HUNTERIAN ORATION. blish it were conducted, and which has gained for Harvey so exalted a reputation. Let it be remembered that Harvey occupied nine years in the examina- tion of the proofs of the circulation before he ventured to publish it. He wanted not the caution enforced in the Baconian maxim.—‘ Manete paulisper, ut expediamus celerius.”*

The eighteenth century is a period to be marked in the history of anatomy, from its relation to the present state of the science, and as it brings into our view an assemblage of more distinguished men than were, at any other period, engaged in its cultivation. In the year 1725 Haller studied at Leyden, where Boerhaave, in the height of his fame, was delivering his preelections. “Tneredibili cum voluptate prelectiones audivi, ” writes Haller, in his Bibliotheca.t Albinus then delivered in the same University, the lectures on anatomy and surgery. Also at Amsterdam was Ruysch, advanced in years, yet still ardent in the cultivation of anatomy, and at the same period was Winslow in Paris, and Cheselden in London. — Men so justly eminent, all co-operating in the advance of anatomy, must, by their commanding influence, have cleared the way for the exercise of the energies of William Hunter, who in the immediately succeeding period, founded the London school, wherein were first delivered, complete

+ Bibliotheca Anatomica, Tom ii. page 195. �
 * De expediendis negotiis.

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Author:Adolf vom Berge

Works

 * "Theodora Kantakuzenos: Historischromantische Skizze aus der ersten Hälfte des 14ten Jahrhunderts" in Taschenbuch zum geselligen Vergnügen auf das Jahr 1827 (1826)
 * "Theodora Kantakuzenos" translated by George Godfrey Cunningham (1829)

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 Social-Revolutionist and Menshevist leaders were beside themselves in terror when they felt they were losing their influence over the masses. A great howl was raised against the demonstration, a howl joined in by counter-revolutionary elements as well as such as were Social-Revolutionists and Mensheviki. Under the leadership of the Social-Revolutionists and Mensheviki, as a result of their policy of agreement with the capitalists, the inclination of the petit bourgeois masses to ally themselves with the counter-revolutionary bourgeoisie was further stimulated, until it was made strikingly manifest as an accomplished fact. This is the historical significance, the class interpretation, of the crisis of June 18.

The Bolsheviki called off the demonstration, having no desire to lead the workers at the appointed moment, into a desperate slaughter, against the united Cadets, Social-Revolutionists and Mensheviki. But the latter, in order to preserve what shreds they still held of the confidence of the masses, were obliged to call a general demonstration for the 1st of July. The bourgeoisie, enraged and rightly considering this to be a vacillation on the part of the petit bourgeois democracy toward the side of the proletariat, decided upon an offensive on the front in order to paralyze the action of democracy.

As a matter of fact, the 1st of July afforded a remarkably imposing victory to the revolutionary proletariat and its slogans, the slogans of the Bolsheviki, among the Petrograd masses; and on the 2nd of July the bourgeoisie and the Bonapartist Kerensky solemnly announced that an offensive had been started on the 1st.

The offensive of July 1 actually meant a renewal of the predatory war in the interest of the capitalists and was opposed to the will of the great majority of the workers. Inevitably connected with the offensive, consequently, was a gigantic outburst of chauvinism and a passing of the military (and, of course, the national) power into the hands of the Bonapartist war clique; and a resort to force in dealing with the masses, a persecution of the internationalists, prohibition of the freedom of agitation, the arrest and execution of all opposed to the war.

If the 19th of May attached the Social-Revolutionists and Men-


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lived, once upon a time, in the land of Marigliano, a poor woman called Masella, who had six pretty daughters, all as upright as young fir-trees, and an only son called Antonio, who was so simple as to be almost an idiot. Hardly a day passed without his mother saying to him, ‘What are you doing, you useless creature? If you weren’t too stupid to look after yourself, I would order you to leave the house and never to let me see your face again.’

Every day the youth committed some fresh piece of folly, till at last Masella, losing all patience, gave him a good beating, which so startled Antonio that he took to his heels and never stopped running till it was dark and the stars were shining in the heavens. He wandered on for some time, not knowing where to go, and at last he came to a cave, at the mouth of which sat an ogre, uglier than anything you can conceive.

He had a huge head and wrinkled brow—eyebrows that met, squinting eyes, a flat broad nose, and a great gash of a mouth from which two huge tusks stuck out. His skin was hairy, his arms enormous, his legs like sword blades, and his feet as flat as ducks’. In short, he was the most hideous and laughable object in the world.

But Antonio, who, with all his faults, was no coward, and was moreover a very civil-spoken lad, took off his hat, and said: ‘Good-day, sir; I hope you are pretty well.

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 sheviki to the victorious chariot of the bourgeoisie with ropes, the 1st of July bound them with chains to serve the capitalists.

The anger aroused in the masses by the renewal of the war of conquest naturally increased more rapidly and became very powerful. On July 16–17 their indignation vented itself in an explosion, which the Bolsheviki had tried to restrain, and which it was their duty to organize.

The Social-Revolutionists and Mensheviki, faithful slaves of the bourgeoisie, chained to their masters, agreed to everything,—the sending of reactionary troops to Petrograd, the re-establishment of the death penalty in the army, the disarming of the workers and the revolutionary troops, arrests and persecutions, closing up the newspapers without trial. The bourgeoisie could not entirely assume power in the government and the Soviets did not want to take it; and this power, accordingly, was seized by the war clique, the Bonapartists, fully supported, of course, by the Cadets and the Black Hundreds, the landholders and the capitalists.

The thing went on step by step. Once moving along the inclined plane of an agreement with the bourgeoisie, the Social-Revolutionists and Mensheviki slid downward without stopping until they reached the bottom. On March 12 they promised, in the Petrograd Soviet, a conditional support of the bourgeois Provisional Government. On May 19 they saved themselves from ruin and consented to transform themselves into servants and defenders of the government, consenting to an offensive. On June 18 they united with the counter-revolutionary bourgeois in a crusade of insane malice, falsehood and libel against the revolutionary proletariat. On July 2 they approved the renewal of the predatory war, already accomplished. On July 16 they agreed to a summoning of the reactionary troops against the workers,—the beginning of a complete cession of power to the Bonapartists.

This disgraceful finale of the Social-Revolutionary and Menshevist party is not an accident, but the natural result, often seen in the experience of Europe, of the economic position of the petty employers, of the petite bourgeoisie. Every one must have observed how the petty business man exhausts himself to make his way in the world, to become a real business man and a "substantial" owner, a real bourgeois. Under the rule of Capitalism there is no other choice for the petty business man: either he must himself advance to the position of the capitalists (and in the most favorable circumstances this may be possible, for one in a hundred), or he must drop into


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 the class of has-beens, the semi-proletariat, later the proletariat. In politics, also, the petit bourgeois democracy, particularly in the persons of its chiefs, leans towards the bourgeoisie. The leaders of the petit bourgeois democracy pacify the masses with promises and assurances of the possibility of coalition with the great capitalists, and, under the most favorable conditions, they may, for an exceedingly short time, obtain concessions from the capitalists for the not very numerous upper layers of the working masses; but in all decisive matters the petit bourgeois democracy has always been an appendage of the bourgeoisie, an impotent satellite, an obedient tool in the hands of the captains of finance. The experience of England and France has confirmed this.

The experience of the Russian Revolution, from March to July, emphasizes the old Marxist truth concerning the instability of the petite bourgeoisie, very clear and comprehensibly, particularly when events, under the influence of the imperialistic war and its consequent profound crisis, began to develop with unusual rapidity.

The lesson of the Russian Revolution is this: There is for the toiling masses no way out of the iron ring of war, of hunger, of enslavement to the landholders and capitalists, except in a complete break with the parties of the Social-Revolutionists and Mensheviki, in a clear understanding of the treacherous role they have played, in the renunciation of every kind of coalition with the bourgeoisie, in a decisive stand by the side of the revolutionary workers. The revolutionary workers alone, if they are supported by the poorest peasants, will be in a position to break the resistance of the capitalists, lead the people to a seizure of the land without compensation, to full liberty, to a victory over hunger and over war, and to a just and permanent peace.

This article, as may be seen from the text, was written early in August. Its arguments have been fully confirmed by the history of the Revolution since. And then the Komilov uprising produced a new turn in the Revolution, making evident to the whole nation that the Cadets, in alliance with the counter-revolutionary generals, are aiming to disband the Soviets and re-establish the monrachymonarchy [sic]. How powerful is this new turn in the Revolution, whether it will succeed in finally putting an end to the disastrous policy of coalition with the bourgeoisie—this the near future will show.

September 19, 1917.


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 ‘What wages do you give?’ replied Antonio.

‘If you serve me faithfully,’ returned the ogre, ‘I’ll be bound you’ll get enough wages to satisfy you.’

So the bargain was struck, and Antonio agreed to become the ogre’s servant. He was very well treated, in every way, and he had little or no work to do, with the result that in a few days he became as fat as a quail, as round as a barrel, as red as a lobster, and as impudent as a bantam-cock.

But, after two years, the lad got weary of this idle life, and longed desperately to visit his home again. The ogre, who could see into his heart and knew how unhappy he was, said to him one day: ‘My dear Antonio, I know how much you long to see your mother and sisters again, and because I love you as the apple of my eye, I am willing to allow you to go home for a visit. Therefore, take this donkey, so that you may not have to go on foot; but see that you never say “Bricklebrit” to him, for if you do you’ll be sure to regret it.’

Antonio took the beast without as much as saying thank you, and jumping on its back he rode away in great haste; but he hadn’t gone two hundred yards when he dismounted and called out ‘Bricklebrit.’

No sooner had he pronounced the word than the donkey opened its mouth and poured forth rubies, emeralds, diamonds and pearls, as big as walnuts.

Antonio gazed in amazement at the sight of such wealth, and joyfully filling a huge sack with the precious stones, he mounted the donkey again and rode on till he came to an inn. Here he got down, and going straight to the landlord, he said to him: ‘My good man, I must ask you to stable this donkey for me. Be sure you give the poor beast plenty of oats and hay, but beware of saying the word “Bricklebrit” to him, for if you do I can promise you will regret it. Take this heavy sack, too, and put it carefully away for me.’

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 The landlord, who was no fool, on receiving this strange warning, and seeing the precious stones sparkling through the canvas of the sack, was most anxious to see what would happen if he used the forbidden word. So he gave Antonio an excellent dinner, with a bottle of fine old wine, and prepared a comfortable bed for him. As soon as he saw the poor simpleton close his eyes and had heard his lusty snores, he hurried to the stables and said to the donkey ‘Bricklebrit,’ and the animal as usual poured out any number of precious stones.

When the landlord saw all these treasures he longed to get possession of so valuable an animal, and determined to steal the donkey from his foolish guest. As soon as it was light next morning Antonio awoke, and having rubbed his eyes and stretched himself about a hundred times he called the landlord and said to him: ‘Come here, my friend, and produce your bill, for short reckonings make long friends.’

When Antonio had paid his account he went to the stables and took out his donkey, as he thought, and fastening a sack of gravel, which the landlord had substituted for his precious stones, on the creature’s back, he set out for his home.

No sooner had he arrived there than he called out: ‘Mother, come quickly, and bring table-cloths and sheets with you, and spread them out on the ground, and you will soon see what wonderful treasures I have brought you.’

His mother hurried into the house, and opening the linen-chest where she kept her daughters’ wedding outfits, she took out table-cloths and sheets made of the finest linen, and spread them flat and smooth on the ground. Antonio placed the donkey on them, and called out ‘Bricklebrit.’ But this time he met with no success, for the donkey took no more notice of the magic word than he would have done if a lyre had been twanged in his ear. Two, three, and four times did Antonio pronounce

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The events of August marked the lowest depth of the Revolution. Reaction had scored heavily, and, behind the screen of the dictatorship of the "Socialist" Kerensky, the Cadets, and other still more sinister forces of the imperialistic bourgeoisie, were preparing for the coup d'etat that would annihilate the Soviets—and the Revolution. The moderate Executive Committee of the All-Russian Soviets had approved of Premier Kerensky; but this was insufficient, as it was necessary for Kerensky's purposes to secure a mandate from "all the classes;" and, accordingly, the Government convoked a National Conference which convened at Moscow on August 26. The Conference was not only to "broaden the base" of the Provisional Government, it was equally an expression of Kerensky's Bonapartist policy. The composition of the Conference was overwhelmingly conservative, reactionary and counter-revolutionary.

The delegates to the National Conference were carefully chosen, the Bolsheviki, naturally, being excluded. The four Dumas—and their character is clear, being expressions of the timid opposition legally allowed under the Czar—were represented by 188 members; the other delegates included 100 representatives of the Peasants, 229 representatives of the Soviets of Worker's and Soldiers' Delegates, 147 delegates from the Municipalities, 113 representativeserepresentatives [sic] from the banks and industrial organizations of capital, 313 representatives of co-operative organizations, and 176 representatives of trades unions. The delegates of the Soviets consisted of moderates from the Menshevist and Social-Revolutionary parties.

At the Conference a concerted attack was made upon the Soviets and the Revolutionary Democracy, although it was not driven to a conclusion. It was a preliminary offensive. The representatives of the Soviets were on the defensive. Kerensky, in opening the Conference; declared:

"The Provisional Government has not called you together here to discuss questions of program, or, still less, to allow any attempts, from whatever sources they may come, to take advantage of the present Conference or the exceptionally difficult position of the Russian State, or to encourage any attempts to undermine at undermining the power of the Provisional Government."

But the plea of Kerensky—for in spite of its assuming the form of an ultimatum, it was nothing but a plea—was unavailing. His speech was a


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 ‘Bricklebrit,’ but all in vain, and he might as well have spoken to the wind.

Disgusted and furious with the poor creature, he seized a thick stick and began to beat it so hard that he nearly broke every bone in its body. The miserable donkey was so distracted at such treatment that, far from pouring out precious stones, it only tore and dirtied all the fine linen.

When poor Masella saw her table-cloths and sheets being destroyed, and that instead of becoming rich she had only been made a fool of, she seized another stick and belaboured Antonio so unmercifully with it, that he fled before her, and never stopped till he reached the ogre’s cave.

When his master saw the lad returning in such a sorry plight, he understood at once what had happened to him, and making no bones about the matter, he told Antonio what a fool he had been to allow himself to be so imposed upon by the landlord, and to let a worthless animal be palmed off on him instead of his magic donkey.

Antonio listened humbly to the ogre’s words, and vowed solemnly that he would never act so foolishly again. And so a year passed, and once more Antonio was overcome by a fit of home-sickness, and felt a great longing to see his own people again.

Now the ogre, although he was so hideous to look upon, had a very kind heart, and when he saw how restless and unhappy Antonio was, he at once gave him leave to go home on a visit. At parting he gave him a beautiful table-cloth, and said: ‘Give this to your mother; but see that you don’t lose it as you lost the donkey, and till you are safely in your own house beware of saying “Table-cloth, open,” and “Table-cloth, shut.” If you do, the misfortune be on your own head, for I have given you fair warning.’

‘Antonio set out on his journey, but hardly had he got

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 words had the desired effect, and the donkey and table-cloth provided the family with treasures untold. Antonio very soon married off his sister, made his mother rich for life, and they all lived happily for ever after.

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 out of sight of the cave than he laid the table-cloth on the ground and said, ‘Table-cloth, open.’ In an instant the table-cloth unfolded itself and disclosed a whole mass of precious stones and other treasures.

When Antonio perceived this he said, ‘Table-cloth, shut,’ and continued his journey. He came to the same inn again, and calling the landlord to him, he told him to put the table-cloth carefully away, and whatever he did not to say ‘Table-cloth, open,’ or ‘Table-cloth, shut,’ to it.

The landlord, who was a regular rogue, answered, ‘Just leave it to me, I will look after it as if it were my own.’

After he had given Antonio plenty to eat and drink, and had provided him with a comfortable bed, he went straight to the table-cloth and said, ‘Table-cloth, open.’ It opened at once, and displayed such costly treasures that the landlord made up his mind on the spot to steal it.

When Antonio awoke next morning, the host handed him over a table-cloth exactly like his own, and carrying it carefully over his arm, the foolish youth went straight to his mother’s house, and said: ‘Now we shall be rich beyond the dreams of avarice, and need never go about in rags again, or lack the best of food.’

With these words he spread the table-cloth on the ground and said, ‘Table-cloth, open.’

But he might repeat the injunction as often as he pleased, it was only waste of breath, for nothing happened. When Antonio saw this he turned to his mother and said: ‘That old scoundrel of a landlord has done me once more; but he will live to repent it, for if I ever enter his inn again, I will make him suffer for the loss of my donkey and the other treasures he has robbed me of.’

Masella was in such a rage over her fresh disappointment that she could not restrain her impatience, and, turning on Antonio, she abused him soundly, and told

title: Page:The Grey Fairy Book.djvu/363


text: Page:William Howard Taft - America Can't Quit (1919).djvu/5


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HERE is a great deal of misconception as to what brought about this League of Nations. It has been said to be a fad of Mr. Wilson’s; it has been said that he surrendered things in the treaty in order to carry out his fad. That is great error. Mr. Wilson has not always been in favor of the League; neither has Mr. Lloyd George; neither has M. Clemenceau.

The truth is that this League was incorporated in the treaty because the plain people of Great Britain and of France and of Italy demanded a league of nations as machinery by which this might be made, as nearly as possible, the last war. That feeling grew as the morale weakened in those countries, and the morale was stiffened by those among the plain people who urged that the introduction of a League of Nations would make war in the future improbable, and that they ought to make the effort to win the war because by so doing, and through a league of nations, they could accomplish a purpose justifying the enormous sacrifices that the continuance of the war would involve. This is why the first resolution passed by the conference was that "Not only must there be a league of nations, but it must be the first thing considered, it must be an indispensable part of the treaty." All this came because of the knowledge of M. Clemenceau, Signor Orlando and Mr. Lloyd George that the plain people of those countries demanded such machinery. If it is adopted it will furnish one more instance of the common sense of the plain people that justifies a step forward which statesmen and halting philosophers are afraid to undertake.

The women in the country are in favor of the League. The working men are in favor of the League. The churches are in favor of the League. Why? Because they fully understand its provisions? No, but because they believe that it is a sincere effort to unite the forces


text:
Page:The Grey Fairy Book.djvu/364

 him to get out of her sight at once, for she would never acknowledge him as a son of hers again. The poor boy was very depressed by her words, and slunk back to his master like a dog with his tail between his legs. When the ogre saw him, he guessed at once what had happened. He gave Antonio a good scolding, and said, ‘I don’t know what prevents me smashing your head in, you useless ne’er-do-well! You blurt everything out, and your long tongue never ceases wagging for a moment. If you had remained silent in the inn this misfortune would never have overtaken you, so you have only yourself to blame for your present suffering.’

Antonio listened to his master’s words in silence, looking for all the world like a whipped dog. When he had been three more years in the ogre’s service he had another bad fit of home-sickness, and longed very much to see his mother and sisters again.

So he asked for permission to go home on a visit, and it was at once granted to him. Before he set out on his journey the ogre presented him with a beautifully carved stick and said, ‘Take this stick as a remembrance of me; but beware of saying, “Rise up, Stick,” and “Lie down, Stick,” for if you do, I can only say I wouldn’t be in your shoes for something.’

Antonio took the stick and said, ‘Don’t be in the least alarmed, I’m not such a fool as you think, and know better than most people what two and two make.’

‘I’m glad to hear it,’ replied the ogre, ‘but words are women, deeds are men. You have heard what I said, and forewarned is forearmed.’

This time Antonio thanked his master warmly for all his kindness, and started on his homeward journey in great spirits; but he had not gone half a mile when he said ‘Rise up, Stick.’

The words were hardly out of his mouth when the stick rose and began to rain down blows on poor Antonio’s back with such lightning-like rapidity that he had hardly

title: Page:The Grey Fairy Book.djvu/364


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Page:William Howard Taft - America Can't Quit (1919).djvu/7

 of all the nations of the world to prevent war as far as possible, and they are willing to undertake the experiment.

The League is a part of a treaty. Its constitutional validity, so far as we are especially concerned, depends on the question, What is the scope of the treaty-making power?

Now whether the League be constitutional, or not, depends upon the construction that should be put upon it. The objectors to the League, many of them, say that it creates a super-sovereignty, an over-government, a managing directorate to which are delegated powers that can only be exercised under our constitution by Congress. There might be such a league; there might be a league such as France desired to have in which there should be a managing directorate with a chief of police, so to speak, under that directorate, with a million men in the police force, so that Chief of Police Foch, hearing of a disturbance in one part of the globe, could send word by cable to his superintendent there, "Take twenty thousand men, go over and suppress that disturbance, and put out the fire."

France was anxious to have it, because France wanted an arrangement by which Foch could order to the German frontier at once, on any threat of German attack upon France, half a million men, and her delegates argued strenuously before the Conference in favor of such an arrangement.

But the other nations declined, and our representatives declined, because they said, "Not only do we object on the ground of expediency to parting with sovereignty such as that would be, but we have not the power under our constitution."

The league which I have described is not the League that is now presented for our consideration and adoption. What is it? It is only a partnership agreement. It is an agreement in which the partners agree to coöperate. It is written in the covenant what they shall do under the obligations so described. The circumstances under which those obligations arose are stated in the covenant; and it is for each member of the League necessarily to construe its own obligation, to determine how that obligation shall be performed, and then to perform it, itself, and not through any agency except its constitutional and normal agency to do the thing which it has agreed to do. I think if you will study the League, you will find that that is the condition. It


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 is said that the council! is the managing body, that it is the super-sovereign. There is no function to be performed by the council that is not advisory. The expression "to deal with" occurs once or twice, but you will find that expression refers rather to the scope of the subject matter to be considered in the meeting, of which all members must take notice so as to be there, and that the description of the functions of the council itself is contained in the words "recommend," "advise," and "propose."

Upon those words and the construction of those words must depend what the function of the council is. Those who object on the ground that that is super-sovereignty maintain that "recommend" means "command," that "advise" means "direct" and that "propose" means to "order." I submit on the face of it that that is a strained construction of the words, and that nothing but a most unusual context in each case would justify such a misinterpretation of the words according to their ordinary meaning. And when you consider that this League is a league not under a supreme court which has the power over every member to compel it to render its affirmative duty, but that this must depend on the spirit of coöperation, and that each nation must determine for itself its meaning, its construction by us will certainly be reasonable.

Why, these gentlemen discuss this as if they were going before a hostile supreme court and they seek for strained constructions to impose them on the United States. No secretary of state would accept for a minute the view, when it would be presented to him, that the word "recommend" means "command," when a council would recommend a course of action. He would reject such a view without the slightest hesitation.

"Recommend" means a suggestion to be accepted or rejected. "Advice" means something to be accepted or rejected. And when you take away that foundation, the whole structure of the argument as to super-sovereignty fails and fails utterly.

The council consist of nine members, selected, five of them by the great powers: Great Britain, France, Italy, Japan and the United States; and four of them by countries to be selected by the assembly. The assembly is a convention of the League, with delegates, one, two or three, from each country; but whether one, two or three, with only one vote. The assembly has three functions; one is to elect non-members by a two-thirds vote to membership; the second is to act in place of the council in conciliation, and recommending a settlement or com-


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Page:The Grey Fairy Book.djvu/365

 strength to call out, ‘Lie down, Stick;’ but as soon as he uttered the words the stick lay down, and ceased beating his back black and blue.

Although he had learnt a lesson at some cost to himself, Antonio was full of joy, for he saw a way now of revenging himself on the wicked landlord. Once more he arrived at the inn, and was received in the most friendly and hospitable manner by his host. Antonio greeted him cordially, and said: ‘My friend, will you kindly take care of this stick for me? But, whatever you do, don’t say “Rise up, Stick.” If you do, you will be sorry for it, and you needn’t expect any sympathy from me.’

The landlord, thinking he was coming in for a third piece of good fortune, gave Antonio an excellent supper; and after he had seen him comfortably to bed, he ran to the stick, and calling to his wife to come and see the fun, he lost no time in pronouncing the words ‘Rise up, Stick.’

The moment he spoke the stick jumped up and beat the landlord so unmercifully that he and his wife ran screaming to Antonio, and, waking him up, pleaded for mercy.

When Antonio saw how successful his trick had been, he said: ‘I refuse to help you, unless you give me all that you have stolen from me, otherwise you will be beaten to death.’

The landlord, who felt himself at death’s door already, cried out: ‘Take back your property, only release me from this terrible stick;’ and with these words he ordered the donkey, the table-cloth, and other treasures to be restored to their rightful owner.

As soon as Antonio had recovered his belongings he said ‘Stick, lie down,’ and it stopped beating the landlord at once.

Then he took his donkey and table-cloth and arrived safely at his home with them. This time the magic

title: Page:The Grey Fairy Book.djvu/365


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Page:The Hunterian Oration 1839.djvu/26

THE HUNTERIAN ORATION. 19 courses of lectures on anatomy and physiology with their requisite illustrations. I read in the Eloge upon Scarpa, pronounced before the Academy of Medicine in Paris, that in the year 1781, he visited London, became the pupil of Pott, of the two Hunters, of Cruikshank, and Sheldon, accompanied them in their visits, attended their lectures on anatomy and surgery, and studied with the deepest interest, the collection of the youngest of the Hunters, composed of all parts of the animal organization. Adding the name of Hewson to those just enumerated, we have before us the distinguished men of the school of William Hunter, who united with him in giving the first impulse to the study of Physiological, Pathological, and Practical Anatomy in England, which, by its continued zealous prosecution, has enabled the surgeons of our country to contribute their full share to the perfection which the science has attained in the last half century.

An epoch in the history of surgery was the establishment of the French Academy in the reign of Louis XV. Even at this distant period, interest must, in our minds, be attached to the circumstances which led to the formation of an institution so beneficial to surgery; for we cannot but admire the liberal and manly spirit, the sound principles which animated the celebrated men who united their efforts in its foundation. We find these men, in the records relating to �

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 promise; the third is to advise the nations whether their treaties are in accord with the obligations of the League, or not. Those are the three principal functions of the assembly.

Now, I wish to call your attention to that organization in order to take up some of the more fantastic objections to the League, the character of which is such as to indicate a poverty of objection. I do not mean to say there are not sincere arguments against the league—sincerely made—but I do mean to say that the character of a number of objections is such as to indicate an absence of material.

For instance, the first is that we could be called in to help Great Britain suppress an Irish rebellion. Why? Under Article X it is provided that all members shall preserve against external aggression the territorial integrity and existing political independence of the members of the League. That means aggression by foreign countries. Therefore, the suppression of a rebellion does not come within Article X, nor within any other article of the League. If a country has a revolution, it can attend to it, itself. If the party which institutes the revolution succeeds, it will be recognized, as other nations who were created thus (who have succeeded) have been recognized by other countries, and then they will be admitted into the League. That objection is made not out of careful and kind consideration for the Irish, but with a view to arousing their votes against the League.

Such a motive leads to the perversion of much logic.

The second objection is one that was discovered and shown by somebody "from Missouri" that there are more brown, black and yellow people in the world than there are whites; and that, as this is a convention of all the nations, a league of all nations, there will be more variegated colored constituents than there are whites ; and that in some way or another, which he does not explain, we are going to have Negro domination; that the Negroes of South Africa will unite with the Negroes of Panama, and then the Yellows, the four hundred million of China, and the three hundred million of India, will all unite, and then we are going to be made brown, black or yellow, or come under that domination. It is not explained how. It is not suggested how that conspiracy is to be formed, or, when formed, how it is to work out under the provisions of the League.

I have told you what the assembly can do. It can elect new mem-


text: The Grey Fairy Book/The Ogre

title: The Grey Fairy Book/The Ogre


text:
Author:Fujiwara no Sanekata

Works

 * Sanekata-shū
 * Sanekata-shū

title: Author:Fujiwara no Sanekata


text:
Page:William Howard Taft - America Can't Quit (1919).djvu/10

 bers. It can recommend a settlement, and it can advise as to the inconsistency between treaties and the obligations of the League. Now, how; under that machinery, are those colored gentlemen going to obtain the tyranny that the gentlemen from Missouri has shown? What is the object of such a speech? It is to stir up the Southern constituencies who are sensitive on the subject of Negro domination, and have them write their senators who have indicated a purpose to support the League, so they may be induced to vote against it.

Then the third objection is the dreadful disclosure that the League is a Catholic conspiracy for the purpose of giving the Pope temporal power over us all. This diligent gentleman in hunting objections has counted the nations and found that there are more Catholic nations than Protestant, and they were going to give the Pope world power. Just how it is to be worked out, he does not explain—The Pope is not a member of the League, cannot be elected a member of the League. And even if he could be it is a little difficult to see how he could gain any temporal power thereby. The recommendations of settlement of disputes under the League have to be made by the unanimous judgment of the council, and, if you appeal to the assembly, both by the unanimous judgment of the countries whose representatives constitute the council, and a majority of the other members of the League. Suppose the Pope were in a dispute seeking temporal power. Consider the Council on this issue. There is the United States. How much danger is there that the United States will insist on the temporal power of the Pope?

Then take France. France has been at odds with the Church for twenty-five years, and does not admit the Church in any way into its government.

Then take England. England’s king loses his throne if he becomes Roman Catholic.

Then take Japan. She is Shintoist and Buddhist. She is very likely to vote for the temporal power of the Pope!

And Italy. Italy has been for half a century—ever since it was a united nation—keeping the Pope out of temporal power.

There you have the unanimous vote of the Council against such moonshine—for that is all it amounts to.


text:
Author:Fujiwara no Michinobu

Works

 * Michinobu-shū
 * Michinobu-shū

title: Author:Fujiwara no Michinobu


text:
Page:William Howard Taft - America Can't Quit (1919).djvu/11

What is the treaty-making power? It seems to me that there is a great misconception of its scope. There are many who argue that the treaty-making power may not extend to promises of what Congress is to do. That is the argument. Now, the treaty-making power is not a performing power. It is a promising power. When the government promises to another nation by contract, it is the treaty-making power that acts for the government and is the government. The promises to be performed are generally promises that can be performed only by Congress. Now, is it possible that the treaty-making power may not make a contract for the government to do a thing which it is for Congress to do under the Constitution? If that be true, then we cannot make treaties at all. There is no use having the treaty-making power, if that is true. Then the United States cannot promise, as it has promised time after time, to pay money, because Congress has to appropriate it when the payment is due.

That question was raised with respect to the Jay Treaty. After the Jay Treaty had been made, Congress demanded the letters between Washington and Jay as to the Treaty in order that it might investigate the Jay Treaty. Washington said No, the treaty-making power has bound you to make certain payments; that is your obligation; you are not part of the treaty-making power; therefore, you are not entitled to go to the foundations of that treaty. And Congress passed a resolution, called the "Blunt Resolution," in which it "resoluted" that it was entitled to consider the Treaty—but she paid the money without getting the letters.

Now, I appeal to you, because this is a fundamental distinction, that the treaty-making power is the promising power so far as other nations are concerned. Congress may join that promise, but it does not add any constitutional validity or strength to the promise because one congress cannot bind another congress to a policy unless it has the promising power. Under the Constitution, the President and the Senate,—two-thirds—have the promising power. Now that means the promising power for this government, and that means that when this government is bound by that promise, then it must be performed by Congress.

Ah but, you say, that limits the constitutional discretion of Congress. It does in this sense, that Congress is under a moral and legal obligation to do the thing that honor and legal obligation require, but Congress represents the government and has the sovereignty of the


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 government placed in it, and one of the evidences of that sovereignty is the power to do the wrong thing, is the power to dishonor its obligation legally made. That choice of right or wrong is what constitutes freedom and sovereignty, but it does not render invalid the original obligation entered into ‘as the constitution directs, by the power given in the Constitution to promise and contract for the government with foreign nations.

Therefore, what we do here is to enter into this covenant and promise and contract that under certain conditions, we will do certain things; and Congress is in honor and legally bound to do them but there is no power to compel Congress to do anything; it may do what it chooses, and it may dishonor that obligation, but that does not render the original promise or treaty that we propose to make invalid, any more than when a man lets his note go to protest, he can plead that the note was invalid because he could let it go to protest. And when you get that fundamental conception, then you see how erroneous is the view that a treaty like this is invalid because honor and law—international law limits the power of Congress to do what it may do, although it cannot be prevented from doing as it chooses within its constitutional discretion. Unless you follow that course of reasoning, there was no need of making a treaty-making power, because the treaty-making power could not contract for anything, as Congress is with few exceptions the only performing power under the Constitution.

What is the object of this League and what does it propose to do? The object is to avoid war as far as possible. It is to make peace as permanent as it can be made. How does it do it? Why, it does it by four great steps. The first is Article VIII. Article VIII is the armament article. It declares it to be in the interest of peace that there should be a reduction of all the armaments of the world as far as possible, consistent with national safety and the obligations of the League. It directs the Council to prepare a plan for that reduction and the Council is to take a military commission to assist it. The Council then takes up the matter of receiving information which the nations covenant to give as to all existing armaments. Then the council makes the plan, reduces the armament and fixes the limit for each country.


text:
Author:Hans Schultz

Works

 * Daemonologia Rubinzalii Silesii (1662)
 * "Erzählungen vom Rübezahl", a selection of stories edited by Johann Gustav Gottlieb Büsching for Volks-Sagen, Märchen und Legenden ('Folk Tales, Fairy Tales and Legends') (1812)

title: Author:Hans Schultz


text:
Page:William Howard Taft - America Can't Quit (1919).djvu/13

 That plan, when completed, is submitted to all the governments. Each government studies it with a view to its own limitations, and its own limitations with respect to the limitations of other countries. It argues out the question, and negotiates, and finally a voluntary agreement is reached. When that voluntary agreement is reached with a limitation for each nation proportionate to its needs, then the countries covenant to keep within that limit for not more than ten years, there being a revision before the end of ten years. Now, if during that time any contingency requires the increase of the limit of any nation, the Council has authority to increase it. That is a means of meeting emergencies. On the other hand, there is a check against disproportionate increase, for that Council acts unanimously; and as we have a member on that Council, no limit can be increased except by our consent.

What is the objection to this? It is said that this will paralyze our arm of defense, subject our homes and firesides and free institutions to destruction, and lay us naked to our enemies. That is eloquent, but there is not a scintilla of fact to sustain it, not a scintilla.

We agree to limit our armament in consideration of every other country limiting its armament. Is not that fair? Instead of meeting the danger there may be from other nations by increasing our armament, we meet it by keeping down the armament of the others under agreement. If two men meet and you take away both revolvers and they go at each other with fists and punch eyes and noses and solar plexuses—isn't that fair? And it has the advantage of there being no mortality.

That is what this plan is. It is a reduction of the armament, so that the armament shall be defensive and not offensive, so it shall contain no temptation to war. Therefore, while we may be said to lay ourselves naked to our enemies, they lay themselves naked to us. In other words, the convention is only an ordinary agreement as to style or latitude in dress—war dress. That is all it is. But this is most important. This whole war in its character of human disaster has come from race for armament. It began away back with Bismarck in the development of Prussia into the German Empire, when he said he would do it by blood and iron. He fought the Danish war and increased his army. He fought the Austrian war and strengthened his army. He fought the French war and then he united the German states into one government under the Empire.


text:
Author:Fujiwara no Michitsuna no Haha

Works

 * Kagerō Nikki
 * Kagerō Nikki

title: Author:Fujiwara no Michitsuna no Haha


text:
Author:Takashina no Takako

Works

 * Shūi Wakashū (as contributor)
 * Shūi Wakashū (as contributor)

title: Author:Takashina no Takako


text:
Page:William Howard Taft - America Can't Quit (1919).djvu/14

The Kaiser had the dream of universal dominion, and to assist him in that he took this wonderful military establishment and enlarged it and that enlargement went on from year to year, conscription of two years for all the youth of the Empire, with a reserve of these trained soldiers after that service by for six or seven years in addition. Strategic railways, great manufacture of ammunition, artillery, small arms, explosives, everything that science could suggest, or experience dictate with reference to making that military establishment the strongest in the world. The Germans stimulated action in their allies, Austria and Italy; conscription went on in both those countries. France and Russia were aroused for fear of aggression, and so they went on year after year and decade after decade until in 1914 these armaments had reached an enormous figure, far beyond anything ever contemplated.

That brought about the war. Its evil effects were four-fold. It loaded the poor people of Europe with overwhelming taxation. It took out of the life of all the youth two or three years of their producing capacity. It gave a truculence, a chip-on-the-shoulder disposition and temptation to war, a bullying tendency to the Kaiser, who felt the strength of this military establishment so that when he went into conference with other nations and came out winner, he told his people that he won by standing forth in shining armour, by rattling his sword in its scabbard. And when 1914 came, he had won in the race. Russia had not completed her strategic railways, France had not completed her plan of artillery or conscription. And he said, "Now is the time to strike. Our enemies are in condition where we can strike them and win." And when the Serbian difficulty came on he told the Emperor, Francis Joseph, "I will go north on a vacation, apparently, and then you put in the ultimatum and when I hear of it I will be surprised and I will hurry back," and he did. "But," he said, "No conference with other nations." And there was none. And war was on.

It brought on the war, this race for armament. And the worst feature of that enormous armament was the character of the campaign that it brought about. Never in history have we had, since the days of Attila, the Hun, such savagery; instruments of destruction were directed not against armies only, but against old men, against women and against children. Explosives, dropped from the clouds, made no discrimination between combatants and non-combatants. Explosives