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 statute passed constitutional muster, see, e.g., id.—and ask instead whether this specific application offends the Constitution. As such, the petitioner’s challenge falls outside the normal circumference of a facial challenge.

This makes perfect sense. Where, as here, a statute has been implemented in a defined context, an inquiring court may only consider the statute’s constitutionality in that context; the court may not speculate about the validity of the law as it might be applied in different ways or on different facts. See ''Nat’l Endow. for the Arts v. Finley'', 524 U.S. 569, 584, 118 S.Ct. 2168, 141 L.Ed.2d 500 (1998); see also Yazoo & Miss. Valley R.R. Co. v. Jackson Vinegar Co., 226 U.S. 217, 220, 33 S.Ct. 40, 57 L.Ed. 193 (1912) (explaining that how a court may apply a statute to other cases and how far parts of the statute may be sustained on other facts “are matters upon which [a reviewing court] need not speculate”).

We therefore deem the petitioner’s challenge an as-applied challenge and limit our analysis accordingly. This means that, to succeed, the petitioner must prove more than a theoretical risk that the PAA could on certain facts yield unconstitutional applications. Instead, it must persuade us that the PAA is unconstitutional as implemented here.

2. The Foreign Intelligence Exception. The recurrent theme permeating the petitioner’s arguments is the notion that there is no foreign intelligence exception to the Fourth Amendment’s Warrant Clause. The FISC rejected this notion, positing that our decision in In re Sealed Case confirmed the existence of a foreign intelligence exception to the warrant requirement.

While the Sealed Case court avoided an express holding that a foreign intelligence exception exists by assuming arguendo that whether or not the warrant requirements were met, the statute could survive on reasonableness grounds, see 310 F.3d at 741–42, we believe that the FISC’s reading of that decision is plausible.

The petitioner argues correctly that the Supreme Court has not explicitly recognized such an exception; indeed, the Court reserved that question in United States v. United States District Court (Keith), 407 U.S. 297, 308–09, 92 S.Ct. 2125, 32 L.Ed.2d 752 (1972). But the Court has recognized a comparable exception, outside the foreign intelligence context, in so-called “special needs” cases. In those cases, the Court excused compliance with the Warrant Clause when the purpose behind the governmental action went beyond routine law enforcement and insisting upon a warrant would materially interfere with the accomplishment of that purpose. See, e.g., ''Vernonia Sch. Dist. 47J v. Acton'', 515 U.S. 646, 653, 115 S.Ct. 2386, 132 L.Ed.2d 564 (1995) (upholding drug testing of high-school athletes and explaining that the exception to the warrant requirement applied “when special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement[s] impracticable” (quoting Griffin v. Wisconsin, 483 U.S. 868, 873, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987))); ''Skinner v. Ry. Labor Execs. Ass’n'', 489 U.S. 602, 620, 109 S.Ct. 1402, 103 L.Ed.2d 639 (1989) (upholding regulations instituting drug and alcohol testing of railroad workers for safety

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(:It is the responsibility of the pagan rulers to preserve peace- But the devil always seeks How to prevent or pervert this order.:) He led the first two human brothers to do evil ami to murder because of hatred. He does this in every generation, (and every generation has its own Cains). The secular sovereignty is like a fence, supposed to preserve the lost sheep for a later time of salvation. But when mankind arouses the anger of God no fence can resist His wrath. Then kings make wars and inflict all kinds of sufferings That is why Samuel said to the Jewish people,

For all men and their kings are foolish. The Master Adversary says that royal sovereignty and civil authority began with Cain's lust for power when he built the Gen. 4.

1-Sam. 12: 13 and 25.

"For all men are foolish by nature." Wisdom of Solomon, 13:1.

184*

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

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 ); cf. Terry v. Ohio, 392 U.S. 1, 23–24, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) (upholding pat-frisk for weapons to protect officer safety during investigatory stop).

The question, then, is whether the reasoning of the special needs cases applies by analogy to justify a foreign intelligence exception to the warrant requirement for surveillance undertaken for national security purposes and directed at a foreign power or an agent of a foreign power reasonably believed to be located outside the United States. Applying principles derived from the special needs cases, we conclude that this type of foreign intelligence surveillance possesses characteristics that qualify it for such an exception.

For one thing, the purpose behind the surveillances ordered pursuant to the directives goes well beyond any garden-variety law enforcement objective. It involves the acquisition from overseas foreign agents of foreign intelligence to help protect national security. Moreover, this is the sort of situation in which the government’s interest is particularly intense.

The petitioner has a fallback position. Even if there is a narrow foreign intelligence exception, it asseverates, a definition of that exception should require the foreign intelligence purpose to be the primary purpose of the surveillance. For that proposition, it cites the Fourth Circuit’s decision in United States v. Truong Dinh Hung, 629 F.2d 908, 915 (4th Cir.1980). That dog will not hunt.

This court previously has upheld as reasonable under the Fourth Amendment the Patriot Act’s substitution of “a significant purpose” for the talismanic phrase “primary purpose.” In re Sealed Case, 310 F.3d at 742–45. As we explained there, the Fourth Circuit’s “primary purpose” language—from which the pre-Patriot Act interpretation of “purpose” derived—drew an “unstable, unrealistic, and confusing” line between foreign intelligence purposes and criminal investigation purposes. Id. at 743. A surveillance with a foreign intelligence purpose often will have some ancillary criminal-law purpose. See id. The prevention or apprehension of terrorism suspects, for instance, is inextricably intertwined with the national security concerns that are at the core of foreign intelligence collection. See id. In our view the more appropriate consideration is the programmatic purpose of the surveillances and whether—as in the special needs cases—that programmatic purpose involves some legitimate objective beyond ordinary crime control. Id. at 745–46.

Under this analysis, the surveillances authorized by the directives easily pass muster. Their stated purpose centers on garnering foreign intelligence. There is no indication that the collections of information are primarily related to ordinary criminal-law enforcement purposes. Without something more than a purely speculative set of imaginings, we cannot infer that the purpose of the directives (and, thus, of the surveillances) is other than their stated purpose. See, e.g., United States v. Chem. Found., Inc., 272 U.S. 1, 14–15, 47 S.Ct. 1, 71 L.Ed. 131 (1926) (“The presumption of regularity supports the official acts of public officers, and, in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.”).

We add, moreover, that there is a high degree of probability that requiring a warrant would hinder the government’s ability to collect time-sensitive information and, thus, would impede the vital national security interests that are at stake. See, e.g., Truong Dinh Hung, 629 F.2d at 915 (explaining that when the object of a surveillance is a foreign power or its collaborators, “the government has the greatest need for speed, stealth, and secrecy”). [redacted text] Compulsory compliance

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ISS COBBE, the friend and disciple of Theodore Parker, has placed herself, by her “Intuitive Morals“ and “Darwinism in Morals,“ so completely outside of churches and creeds, that I could not feel as though justice had been done to a brave, true woman if she were not here given the recognition she deserves—a place among those of her sex who stand on the same plane of advanced thought as herself, although some of these are doubtless far more radical in their views than she has yet professed herself to be: her position, as I understand it, being that of the most liberal phase of Unitarianism; or, perhaps, more correctly, that of a Free Relig-


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286 ionist; for Miss Cobbe, in spite of her advanced Liberalism, is a most reverent Theist.

It is so recently that her name has become conspicuous in literature, that the press has not yet given that publicity to all the minor details of her previous life which it will probably yet give, and which is necessary to make even a condensed biographical sketch of any interest to the general public; but in this, I shall be only able to embody the odds and ends which have heretofore floated into various newspaper and magazine notices concerning her.

From these I have gleaned that she is a finely-educated, large-hearted, genial-natured Irish gentlewoman. What the influences were, outside of her own good sense and discriminating intellect, which led her to discard sectarianism in religion, I have had no means of finding out. The writings of Theodore Parker seem to have first produced a deep effect upon her mind by their broad, large-hearted views concerning God and humanity. From them she learned


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Rh to look upon the Christ as an Exemplar, rather than as a Mediator, and to dare to believe in God as all-powerful, and to see that Devil and Hell were words only, having no basis in reality.

For this teacher of morals, whom she had never seen, Miss Cobbe conceived a deep and worshipful reverence and tender regard. She sought by correspondence with him to understand and define more fully his broad, liberal, loving views, concerning the relations between God and man. This correspondence was continued at intervals for several years, and was only broken by the death of Mr. Parker.

Although a meeting with Theodore Parker was greatly desired by Miss Cobbe, and she was traveling through Europe about the same time that he was, yet circumstances constantly thwarted this desire until he was on his deathbed. Miss Cobbe arrived in Florence, Italy, just a few days previous to his death. She, however, ventured to call on him. Their meeting was, under the cir-


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288 cumstances, deeply affecting. The disciple, however, thus gained a glorious opportunity of seeing for herself how sincere the teacher's faith was in that which he had taught. Much conversation was impossible, from Parker’s weakness, but she found him calm, serene, peacefully happy — not desirous of death, but resigned to the inevitable. She remembered his well known passion for flowers, and brought him a lovely bouquet of fresh tea-roses and lilies, with which he was very much pleased. He presented her in return with a beautiful bronze inkstand, from whose depths the inspiration which guided her "Intuitive Morals" may possibly have arisen.

I think she had only that one interview with him; he failed rapidly, and, within a few days, the active mind, the large heart, of the earnest teacher were at rest forever. Miss Cobbe was among those who followed him — sincere mourners, all — to his grave in the Protestant burial-ground at Florence. She afterward evidenced her great


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185* first city. According to the Chronicle of Josephus this foundation of the city was the cause of increasing gathering of possessions, of violent robberies; Cain fortified the city because he feared them whom he had in any way despoiled. Therefore, the beginning of power and sovereignty is to be found in human cupidity and violence- Wherefore Solomon says to the kings,

Gen. 4.

1-Sam. 12: 13 and 25.

"For all men are foolish by nature." Wisdom of Solomon, 13:1.

Gen.4:17. See Wyclif,, chap. XXI: "Nam Gen. quarto capitulo, 17, legitur quod Cayn post fratricidium civitatem construxit, cuius causa secundum Iosephum fuit quod 'rapinis et violencia open congregans suos ad latrocinia invitabat et simplicitatem vite hominum, quam ad invencionem mensurarum et poderum permutavit, ad caliditatem et corrupcionem perduxit; terminos terre primus posuit, civitates muravit, et timens quod ledebat, suos in suis urbibus collegit": Hec origo civilitatis secundum Scripturas." (Poole's Edition).

"And when Cain had traveled over many countries, he, with his wife, built a city, named Nod However, he did not accept of his punishment in order to amend, but to increase his wickedness; for he only aimed to procure every thing that was for him and his bodily pleasure, though it obliged him to be injurious to his neighbors. He augmented his household substance with much wealth, by rapine am violence; he excited his acquaintance to procure pleasures and spoils by robbery, and became a great leader of men into wicked courses He set boundaries about lands, built a city and fortified it with walls, and he compelled his family to come together to it" Josephus, The Antiquities of the Jews, Book I, chap.II, 2. (In, transl. by Wm. Whiston, Boston: Lee and Shepard, 1871, p.27).

Psalm 2:10.

Wisdom of Solomon, 6:2–3.

Wisdom ot Solomon, 6:5.

Gen.4:17. See Wyclif,, chap. XXI: "Nam Gen. quarto capitulo, 17, legitur quod Cayn post fratricidium civitatem construxit, cuius causa secundum Iosephum fuit quod 'rapinis et violencia open congregans suos ad latrocinia invitabat et simplicitatem vite hominum, quam ad invencionem mensurarum et poderum permutavit, ad caliditatem et corrupcionem perduxit; terminos terre primus posuit, civitates muravit, et timens quod ledebat, suos in suis urbibus collegit": Hec origo civilitatis secundum Scripturas." (Poole's Edition).

"And when Cain had traveled over many countries, he, with his wife, built a city, named Nod However, he did not accept of his punishment in order to amend, but to increase his wickedness; for he only aimed to procure every thing that was for him and his bodily pleasure, though it obliged him to be injurious to his neighbors. He augmented his household substance with much wealth, by rapine am violence; he excited his acquaintance to procure pleasures and spoils by robbery, and became a great leader of men into wicked courses He set boundaries about lands, built a city and fortified it with walls, and he compelled his family to come together to it" Josephus, The Antiquities of the Jews, Book I, chap.II, 2. (In, transl. by Wm. Whiston, Boston: Lee and Shepard, 1871, p.27).

Psalm 2:10.

Wisdom of Solomon, 6:2–3.

Wisdom ot Solomon, 6:5.

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Rh esteem for him by editing his Life and Letters.

In these letters he mentions Miss Cobbe often and favorably, seeming to appreciate her intellectual and moral qualities highly, as they deserved. In a letter addressed to George Ripley, he speaks thus enthusiastically concerning her:

“Thank you for the kind and just things you say about Miss Cobbe. My friends the Hunts and Apthorps almost worship the maiden. I keep her birthday as one of my domestic holidays, and honor the fourth of December with unusual libations.”

Indeed, Miss Cobbe seems to have the faculty of inspiring and keeping friendship in an extraordinary degree. Her own cordial warm-heartedness and sunny disposition is probably largely the cause of this.

Moncure D, Conway, in a letter to the Round Table, thus describes her personal appearance;

"The first impression she makes is that of a great mass of merry flesh and blood,


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290 weighing nearly three hundred and fifty pounds. She too often has to walk on crutches, which gives one a sad feeling that this enormous size is far from being the result of, or accompanied by, health. But when one converses with Miss Cobbe, he finds that the chief characteristic of her face and expression is delicacy. There is a lambent humor about her mouth, a subtle perceptiveness blended with sweetness about the eye, a sensitiveness and sensibility in her manner, under which-—as conversation and acquaintance go on — the corpulency seems to shrink and the most charming physiognomy to be unsheathed. Miss Cobbe has an extraordinary power of conversation, is one of the wittiest of mortals, and where-ever she appears has about her a group of fascinated young people—particularly of her own sex — by whose bursts of merriment one may know on entering a company where the authoress of ‘Intuitive Morals’ is seated.”

Kate Field says of her: “Miss Cobbe is the embodiment of genial philanthropy;


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(:Even the worst ruler must appeal to his people by virtue of his Opposition to evil powers. He must speak in terms of justice done even to the least subject of his realm. He is, unwittingly, comparing his rule to that perfect rule or God. In doing this he acknowledges God's priority.:)

David and other kings who had the knowledge of God  could rule over the people according to the law of God, and even use compulsion But the Jewish law of a material, physical law, and therefore they were allowed to use physical compulsion with regard to the disobedient. 186*

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Rh as delightful a companion as she is heroic in her great work of social reform.”

I hope that she may live to do yet more effective work in liberalizing public sentiment than she has done even by her “Intuitive Morals,” though I am far from underestimating the value of this excellent work. It has done, and is destined to do, a great work in awakening thought in that great multitude who, though loving the light better than darkness, have yet been content to accept their faith second-handed from those who have set themselves up as their teachers, without inquiry from the taught as to the validity of such self-asserted claims. It does not lead entirely out of the darkness of Biblical theology and religious prejudice, but it is a long step toward the light. It needed a large amount of moral courage in any one professing to be a believer in Christianity, much more in a woman belonging to refined and cultivated Christian circles, to make the daring avowals contained in this book. The intellect which


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292 has reasoned itself so far out of the intricacies and bewilderments of the Christian faith has certainly within it the force to probe much deeper than even this book goes into the reason of things. We confidently expect Miss Cobbe, if she lives, to take a yet more daring and advanced stand as a liberal thinker than even “Darwinism in Morals” shows, of which hope that title is suggestive, as indicative of development in thought as in all things else.

From ‘‘Intuitive Morals” we extract the following thoughts, as demonstrating Miss Cobbe's ability as a writer, and the pure, true humanitarianism of her religious conclusions:

"Like the clown, who believes that cold and darkness are something positive, and not merely the negations of caloric and light, we give to evil an affirmative existence — nay, a personified one. We believe that the universe contains not only one absolutely good, but also one absolutely evil; not only a God, but a Devil. But


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94


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187*

(:The kings according to the old dispensation ruled the people by law. They did not punish robbery by execution but by restitution. The rulers of today, however, even though they call themselves Christian, abide by neither the new or the old law; they kill the robber.:) And it is said in the New Testament,

(:The Christian kings do not heed these principles;) There are some who do not have even as much sense as to be able to settle a small dispute between two peasants. (All they know is to hang and to torture.) The divine element is much smaller in the rule of Christian kings than it was in the rule of pagan and Jewish kings. Therefore, because both divine institutions, marriage and temporal rule, were unable to achieve perfection, God sent His Son, the Saviour of the world, in order that we might live through him. And he rules the world with greater perfection by means of truth, than all the kings of the earth by means of compulsion. Exodus 22:1.

Ephes. 4:28.

John 3:16. 187*

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Rh


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Rh these are visions of the night. The universe has indeed a sun of light and heat, but it has no sun with rays of darkness and frost.”

“Let us do justice to humanity. The removal of all fear for the future destiny of our fellow-creatures is the removal of a nightmare. It was not only while the thunder-cloud hung over our own heads that it darkened our sky. Some natures are so hopeful and loving that they never know fear of hell for themselves. But it is when the lurid gloom has rolled utterly away from our horizon that we know how it blackened the Universe; and then only can we see the true splendor of the sun, throned, not in ‘clouds and darkness,’ but in a heaven of unshadowed light.”

“Morality may exist in an Atheist without any religion, and in a Theist with a religion quite unspiritual.”

“Were the boasted logic of Calvin really carried out to its practical consequences, his disciples could recognize no law; for to the Elect, obedience is involun-


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294 tary, and to the Reprobate impossible. They could adore no God, for the character they ascribe to the Creator is one which the nature the true God has given them forces them to abhor.”

“What! Shall we despise a man who acts justly or benevolently, merely for the sake of admiration, and shall we dare to attribute such a motive to the infinitely Pure? Shall we contemn a man (a man who has equals for admirers) if he build an almshouse for the sake of applause? and shall we venture to affirm that He, whose ineffable happiness could not be increased by the united hallelujahs of the created Universe, has yet designed and built the starry heavens for no more noble a purpose?”


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Rh


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 114


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 with the warrant requirement would introduce an element of delay, thus frustrating the government’s ability to collect information in a timely manner. [redacted text]

For these reasons, we hold that a foreign intelligence exception to the Fourth Amendment’s warrant requirement exists when surveillance is conducted to obtain foreign intelligence for national security purposes and is directed against foreign powers or agents of foreign powers reasonably believed to be located outside the United States.

3. Reasonableness. This holding does not grant the government carte blanche; even though the foreign intelligence exception applies in a given case, governmental action intruding on individual privacy interests must comport with the Fourth Amendment’s reasonableness requirement. See United States v. Place, 462 U.S. 696, 703, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). Thus, the question here reduces to whether the PAA, as applied through the directives, constitutes a sufficiently reasonable exercise of governmental power to satisfy the Fourth Amendment.

We begin with bedrock. The Fourth Amendment protects the right “to be secure … against unreasonable searches and seizures.” U.S. Const. amend. IV. To determine the reasonableness of a particular governmental action, an inquiring court must consider the totality of the circumstances. Samson v. California, 547 U.S. 843, 848, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006); Tennessee v. Garner, 471 U.S. 1, 8–9, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985). This mode of approach takes into account the nature of the government intrusion and how the intrusion is implemented. See Garner, 471 U.S. at 8, 105 S.Ct. 1694; Place, 462 U.S. at 703, 103 S.Ct. 2637. The more important the government’s interest, the greater the intrusion that may be constitutionally tolerated. See, e.g., Michigan v. Summers, 452 U.S. 692, 701–05, 101 S.Ct. 2587, 69 L.Ed.2d 340 (1981).

The totality of the circumstances model requires the court to balance the interests at stake. See Samson, 547 U.S. at 848, 126 S.Ct. 2193; United States v. Knights, 534 U.S. 112, 118–19, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001). If the protections that are in place for individual privacy interests are sufficient in light of the governmental interest at stake, the constitutional scales will tilt in favor of upholding the government’s actions. If, however, those protections are insufficient to alleviate the risks of government error and abuse, the scales will tip toward a finding of unconstitutionality.

Here, the relevant governmental interest—the interest in national security—is of the highest order of magnitude. See Haig v. Agee, 453 U.S. 280, 307, 101 S.Ct. 2766, 69 L.Ed.2d 640 (1981); In re Sealed Case, 310 F.3d at 746. Consequently, we must determine whether the protections afforded to the privacy rights of targeted persons are reasonable in light of this important interest.

At the outset, we dispose of two straw men—arguments based on a misreading of our prior decision in Sealed Case. First, the petitioner notes that we found relevant six factors contributing to the protection of individual privacy in the face of a governmental intrusion for national security purposes. See In re Sealed Case, 310 F.3d at 737–41 (contemplating prior judicial review, presence or absence of probable cause, particularity, necessity, duration and minimization). On that exiguous basis, it reasons that our decision there requires a more rigorous standard for gauging reasonableness.

This is a mistaken judgment. In Sealed Case, we did not formulate a rigid six-factor test for reasonableness. That would

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 be at odds with the totality of the circumstances test that must guide an analysis in the precincts patrolled by the Fourth Amendment. We merely indicated that the six enumerated factors were relevant under the circumstances of that case.

Second, the petitioner asserts that our Sealed Case decision stands for the proposition that, in order to gain constitutional approval, the PAA procedures must contain protections equivalent to the three principal warrant requirements: prior judicial review, probable cause, and particularity. That is incorrect. What we said there—and reiterate today—is that the more a set of procedures resembles those associated with the traditional warrant requirements, the more easily it can be determined that those procedures are within constitutional bounds. See id. at 737, 742. We therefore decline the petitioner’s invitation to reincorporate into the foreign intelligence exception the same warrant requirements that we already have held inapplicable.

Having placed Sealed Case into perspective, we turn to the petitioner’s contention that the totality of the circumstances demands a finding of unreasonableness here. That contention boils down to the idea that the protections afforded under the PAA are insufficiently analogous to the protections deemed adequate in Sealed Case because the PAA lacks (i) a particularity requirement, (ii) a prior judicial review requirement for determining probable cause that a target is a foreign power or an agent of a foreign power, and (iii) any plausible proxies for the omitted protections. For good measure, the petitioner suggests that the PAA’s lack of either a necessity requirement or a reasonable durational limit diminishes the overall reasonableness of surveillances conducted pursuant thereto.

The government rejoins that the PAA, as applied here, constitutes reasonable governmental action. It emphasizes both the protections spelled out in the PAA itself and those mandated under the certifications and directives. This matrix of safeguards comprises at least five components: targeting procedures, minimization procedures, a procedure to ensure that a significant purpose of a surveillance is to obtain foreign intelligence information, procedures incorporated through Executive Order 12333 § 2.5, and [redacted text] procedures [redacted text] outlined in an affidavit supporting the certifications.

The record supports the government. Notwithstanding the parade of horribles trotted out by the petitioner, it has presented no evidence of any actual harm, any egregious risk of error, or any broad potential for abuse in the circumstances of the instant case. Thus, assessing the intrusions at issue in light of the governmental interest at stake and the panoply of protections that are in place, we discern no principled basis for invalidating the PAA as applied here. In the pages that follow, we explain our reasoning.

The petitioner’s arguments about particularity and prior judicial review are defeated by the way in which the statute has been applied. When combined with the PAA’s other protections, the [redacted text] procedures and the procedures incorporated through the Executive Order are constitutionally sufficient compensation for any encroachments.

The [redacted text] procedures [redacted text] are delineated in an ex parte appendix filed by the government. They also are described, albeit with greater generality, in the government’s brief. [redacted text] Although the PAA itself does not mandate a showing of particularity, see 50 U.S.C. § 1805b(b), this pre-surveillance procedure strikes us as analogous to and in conformity with the particularity

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 116 Two rakʾats instead of the usual number at the meridian, afternoon, and night prayers.

Sulát-ul-Khauf.—"The prayers of fear." Said in time of war. They are two rakʾats recited first by one regiment or company and then by the other.

Sulát-ul-Taráwih.—Twenty rakʾats recited every evening during the Ramazán, immediately after the fifth daily prayer.

Sulát-ul-Istikhára.—Prayers for success or guidance. The person who is about to undertake any special business, performs two rakʾat prayers and then goes to sleep. During his slumbers he may expect to have "ilhám," or inspiration, as to the undertaking for which he seeks guidance!

Sulát-ul-Khasúf.—Two rakʾats said at the time of an eclipse of the moon.

Sulát-ul-Kusúf.—Two rakʾats said at the time of an eclipse of the sun.

The Azán, is the summons to prayer proclaimed by the Muazzin, or crier, in small mosques from the door or side, but in large mosques it ought to be given from the minaret (manárat). The following is a translation,


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Mr. Pawle nodded assent to this proposition and rose from his chair.

"It's the only thing to do," he said. "We must get to the bottom of this as quickly as possible—whether Miss Wickham can tell us much or little, we must know what she can tell. Let us all meet here again at three o'clock—I will send one of my clerks to fetch her. But let us be clear on one point—are we to tell this young lady what our conclusions are, regarding herself?"

"Your conclusions!" said Mr. Carless, with a sly smile. "We know nothing yet, you know, Pawle."

"My conclusions, then," assented Mr. Pawle. "Are we—"

Lord Ellingham quietly interrupted the old lawyer.

"Pardon me, Mr. Pawle," he said, "but before we go any further, do you mind telling me, briefly, what your conclusions really are!"

"I will tell your lordship in a few words," answered Mr. Pawle, readily. "Wrong or right, my conclusions are these: From certain investigations which Mr. Viner and I have made since this affair began—with the murder of Ashton—and from certain


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 evidence which we have unearthed, I believe that Ashton's friend Wickham, the father of the girl we are going to produce this afternoon, was in reality your lordship's uncle, the missing Lord Marketstoke. I believe that Ashton came to England in order to prove this, and that he was probably about to begin proceedings when he was murdered—for the sake of those papers which we have just seen. And I believe, too, that we have not seen all the papers which were stolen from his dead body. What was produced to us just now by Methley and Woodlesford was a selection—the probability is that there are other and more important papers in the hands of the murderer, whose cat's-paw or accomplice this claimant, whoever he may be, is. I believe," concluded Mr. Pawle, with emphasis, "that my conclusions will be found to be correct ones, based on indisputable fact."

Lord Ellingham looked from one solicitor to the other.

"Then," he said, with something of a smile, "if Wickham was really my uncle, Lord Marketstoke, and this young lady you tell me of is his daughter—what, definitely, is my position?"

Mr. Pawle looked at Mr. Carless, and Mr. Carless shook his head.

"If Mr. Pawle's theory is correct," he said, "and mind you, Pawle, it will take a lot of proving. If Mr. Pawle's theory is correct, the position, my lord, is this. The young lady we hear of is Countess of Ellingham in her own right! She would not be the first woman to succeed to the title: there was a Countess of Ellingham in the time of George the Third.


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 She would, of course, have to prove her claim before the House of Lords—if made good, she succeeds to titles and estates. That's the plain English of it—and upon my honour," concluded Mr. Carless, "it's one of the most extraordinary things I ever heard of. This other affair is nothing to it!"

Lord Ellingham again inspected the legal countenances.

"I see nothing at all improbable about it," he said. "We may as well face that fact at once. I will be here at three o'clock, Mr. Carless. I confess I should like to meet my cousin—if she really is that!"

"Your Lordship takes it admirably!" exclaimed Mr. Carless. "But really—well, I don't know. However, we shall see. But, 'pon my honour, it's most odd! One claimant disposed of, another, a more formidable one, comes on!"

"But we have not disposed of the first, have we?" suggested Lord Ellingham.

"I don't anticipate any trouble in that quarter," answered Mr. Carless. "As I said to those two who have just gone out—send or bring the man here, and we'll tell in one minute if he's what he claims to be!"

"But—how?" asked Lord Ellingham. "You seem very certain."

"Dead certain!" asserted Mr. Carless. He looked round his callers and laughed. "I may as well tell you," he said. "Portlethwaite drew me aside to remind me of it. The real Lord Marketstoke, if he were alive, could easily be identified. He lost a finger when a mere boy."

"Ah!" exclaimed Mr. Pawle. "Good—excellent! Best bit of evidence I've heard of. Hang this


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 claimant! Now we can tell if Wickham really was Lord Marketstoke. If necessary, we can have his body exhumed and examined."

"It was a shooting accident," continued Mr. Carless. "He was out shooting in the park at Ellingham when a boy of fourteen or fifteen; he was using an old muzzle-loading gun; it burst, and he lost his second finger—the right hand. It was, of course, very noticeable. Now, that small but very important fact is most likely not known to Methley and Woodlesford's client—but it's known to Driver and to Portlethwaite and to me, and now to all of you. If this man comes here—look at his right hand! If he possesses his full complement of fingers, well—"

Mr. Carless ended with a significant grimace, and Mr. Pawle, nodding assent, returned to the question which he was putting when Lord Ellingham interrupted him.

"Now let us settle the point I raised," he said. "Are we to tell Miss Wickham what my conclusions are, or are we to leave her in ignorance until we get proof that they are correct?"

"Or—incorrect!" answered Mr. Carless with an admonitory laugh. "I should say—at present, tell her nothing. Let us find out all we can from her; there are several questions I should like to ask her, myself, arising out of what you have told us. Leave all the rest until a later period. If your theory is correct, Pawle, it can be established, if it isn't, the girl may as well be left in ignorance that you ever raised it."

"Until three o'clock, then," said Mr. Pawle.

Three o'clock found the old lawyer and Viner pac-


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 ing the pavement of Lincoln's Inn Fields in expectation of Miss Wickham's arrival. She came at last in the taxicab which Mr. Pawle had sent for her, and her first words on stepping out of it were of surprise and inquiry.

"What is it, Mr. Pawle?" she demanded as she shook hands with her two squires. "More questions? What's it all about?"

Mr. Pawle nudged Viner's arm.

"My dear young lady," he answered in grave and fatherly fashion, "you must bear in mind that a man's life is in danger. We are doing all we can to clear that unfortunate young fellow Hyde of the dreadful charge which has been brought against him, and to do that we must get to know all we can about your late guardian, you know."

"I know so little about Mr. Ashton," said Miss Wickham, looking apprehensively at the building towards which she was being conducted. "Where are you taking me?"

"To a solicitor's office—friends of mine," answered Mr. Pawle. "Carless and Driver—excellent people. Mr. Carless wants to ask you a few questions in the hope that your answers will give us a little more light on Ashton's history. You needn't be afraid of Carless," he added as they began to climb the stairs. "Carless is quite a pleasant fellow—and he has with him a very amiable young gentleman, Lord Ellingham, of whom you needn't be afraid, either."

"And why is Lord Ellingham, whoever he may be, there?" inquired Miss Wickham.

"Lord Ellingham is also interested in your late


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 Rh "God is great! God is great! God is great! God is great! I bear witness that there is no God but God! (repeated twice) I bear witness that Muhammad is the Apostle of God! (repeated twice) Come to prayers! Come to prayers! Come to salvation! Come to salvation! God is great! There is no other God but God!"

In the early morning the following sentence is added: "Prayers are better than sleep."

The summons to prayer was, at first, the simple cry, "Come to prayer." Bingham tells us that a similar custom existed at Jerusalem (vide Antiquities, vol. ii. p. 489): "In the monastery of virgins which Paula, the famous Roman lady, set up, and governed at Jerusalem, the signal was given by one going about and singing halleluja, for that was their call to church, as St. Jerome informs us."

The Iqámat (lit. "causing to stand") is a recitation at the commencement of prayers in a congregation, after the worshippers have taken


text: Journal of the Optical Society of America/Volume 30/Issue 12/History of the Munsell Color System


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 guardian," replied Mr. Pawle. "In fact, we are all interested. So now, rub up your memory—and answer Mr. Carless' questions."

Viner remained in the background, quietly watching, while Mr. Pawle effected the necessary introductions. He was at once struck by what seemed to him an indisputable fact—between Lord Ellingham and Miss Wickham there was an unmistakable family likeness. And he judged from the curious, scrutinizing look which Mr. Carless gave the two young people as they shook hands that the same idea struck him—Mr. Carless wound up that look in a significant glance at Mr. Pawle, to whom he suddenly muttered a few words which Viner caught.

"By Jove!" he whispered. "I shouldn't wonder if you're right."

Then he placed Miss Wickham in an easy-chair on his right hand, and cast a preliminary benevolent glance on her.

"Mr. Pawle," he began, "has told us of your relationship with the late Mr. Ashton—you always regarded him as your guardian?"

"He was my guardian," answered Miss Wickham. "My father left me in his charge."

"Just so. Now, have you any recollection of your father?"

"Only very vague recollections. I was scarcely six, I think, when he died."

"What do you remember about him?"

"I think he was a tall, handsome man—I have some impression that he was. I think, too, that he had a fair complexion and hair. But it's all very vague."

"Do you remember where you lived?"


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 "Only that it was in a very big town—Melbourne, of course. I have recollections of busy streets—I remember, too, that when I left there it was very, very hot weather."

"Do you remember Mr. Ashton at that time?"

"Oh, yes—I remember Mr. Ashton. I had nobody else, you see; my mother had died when I was quite little; I have no recollection whatever of her. I remember Mr. Ashton's house, and that he used to buy me lots of toys. His house was in a quiet part of the town, and he had a big, shady garden."

"How long, so far as you remember, did you live with Mr. Ashton there?"

"Not very long, I think. He told me that I was to go to England, to school. For a little time before we sailed, I lived with Mrs. Roscombe, with whom I came to England. She was very kind to me; I was very fond of her."

"And who was Mrs. Roscombe?"

"I didn't know at the time, of course—I only knew she was Mrs. Roscombe. But Mr. Ashton told me, not long before his death, who she was. She was the widow of some government official, and she was returning to England in consequence of his death. So she took charge of me and brought me over. She used to visit me regularly at school, every week, and I used to spend my holidays with her until she died."

"Ah!" said Mr. Carless. "She is dead?"

"She died two years ago," answered Miss Wickham.

"I wish she had been living," observed Mr. Carless, with a glance at Mr. Pawle. "I should have liked to see Mrs. Roscombe. Well," he continued,


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 contemplated by Sealed Case. 310 F.3d at 740.

[redacted text]

The procedures incorporated through section 2.5 of Executive Order 12333, made applicable to the surveillances through the certifications and directives, serve to allay the probable cause concern. That section states in relevant part: "The Attorney General hereby is delegated the power to approve the use for intelligence purposes, within the United States or against a United States person abroad, of any technique for which a warrant would be required if undertaken for law enforcement purposes, provided that such techniques shall not be undertaken unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power."

46 Fed.Reg. at 59,951 (emphasis supplied). Thus, in order for the government to act upon the certifications, the AG first had to make a determination that probable cause existed to believe that the targeted person is a foreign power or an agent of a foreign power. Moreover, this determination was not made in a vacuum. The AG’s decision was informed by the contents of an application made pursuant to Department of Defense (DOD) regulations. See DOD, Procedures Governing the Activities of DOD Intelligence Components that Affect United States Persons, DOD 5240.1–R, Proc. 5, Pt. 2.C (Dec.1982). Those regulations required that the application include a statement of facts demonstrating both probable cause and necessity. See id. They also required a statement of the period—not to exceed 90 days—during which the surveillance was thought to be required. See id.

[redacted text and footnote ]

The petitioner’s additional criticisms about the surveillances can be grouped into concerns about potential abuse of executive discretion and concerns about the risk of government error (including inadvertent or incidental collection of information from non-targeted United States persons). We address these groups of criticisms sequentially.

The petitioner suggests that, by placing discretion entirely in the hands of the Executive Branch without prior judicial involvement, the procedures cede to that Branch overly broad power that invites abuse. But this is little more than a lament about the risk that government officials will not operate in good faith. That sort of risk exists even when a warrant is required. In the absence of a showing of fraud or other misconduct by the affiant, the prosecutor, or the judge, a presumption of regularity traditionally attaches to the obtaining of a warrant. See, e.g., McSurely v. McClellan, 697 F.2d 309, 323–24 (D.C.Cir.1982).

Here—where an exception affords relief from the warrant requirement—common sense suggests that we import the same presumption. Once we have determined that protections sufficient to meet the Fourth Amendment’s reasonableness requirement are in place, there is no justification for assuming, in the absence of evidence to that effect, that those

title: Page:In re Directives.pdf/11


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 turning to Miss Wickham, "so Mrs. Roscombe brought you to England, to school. What school?"

"Ryedene School."

"Ryedene! That's one of the most expensive schools in England, isn't it?"

"I don't know. I—perhaps it is."

"I happen to know it is," said Mr. Carless dryly. "Two of my clients have daughters there, now. I've seen their bills! Do you know who paid yours?"

"No," she answered, "I don't know. Mr. Ashton, I suppose."

"You had everything you wanted, I dare say! Clothes, pocket-money, and so on?"

"I've always had everything I wanted," replied Miss Wickham.

"And you were at Ryedene twelve years?"

"Except for the holidays—yes."

"You must be a very learned young lady," suggested Mr. Carless.

Miss Wickham looked round the circle of attentive faces.

"I can play tennis and hockey very well," she said, smiling a little. "And I wasn't bad at cricket the last season or two—we played cricket there. But I'm not up to much at anything else, except that I can talk French decently."

"Physical culture, eh?" observed Mr. Carless, smiling. "Very well! Now, then, in the end Mr. Ashton came home to England, and of course came to see you, and in due course you left school, and came to his house in Markendale Square, where he got a Mrs. Killenhall to look after you. All that correct? Yes? Well, then, I think, from what Mr. Pawle tells


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T is with a feeling of considerable deprecating delicacy that I venture to write of this woman, whom I so much admire. She has been heretofore so persistently reserved and reticent as to her past life that I cannot avoid feeling as if this sketch were almost an unwarranted infringement upon the personal privacy she so evidently courts. But this series of sketches would not be anything like what I wish it to be with this eminent name omitted; and although my materials for the sketch are necessarily scant and incomplete, yet I feel assured that the little I have been able to glean in regard to her antecedents will be of in-


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 me, Mr. Ashton handed over a lot of money to you, and told you it had been left to you, or left in his charge for you, by your father? That is correct too? Very well. Now, did Mr. Ashton never tell you anything much about your father?"

"No, he never did. Beyond telling me that my father was an Englishman who had gone out to Australia and settled there, he never told me anything. But," here Miss Wickham paused and hesitated for a while, "I have an idea," she continued in the end, "that he meant to tell me something—what, I, of course, don't know. He once or twice—hinted that he would tell me something, some day."

"You didn't press him?" suggested Mr. Carless.

"I don't think I am naturally inquisitive," replied Miss Wickham. "I certainly did not press him. I knew he'd tell me, whatever it was, in his own way."

"One or two other questions," said Mr. Carless. "Do you know who your mother was?"

"Only that she was some one whom my father met in Australia."

"Do you know what her maiden name was?"

"No, only her Christian name; that was Catherine. She and my father are buried together."

"Ah!" exclaimed Mr. Carless. "That is something else I was going to ask. You know where they are buried?"

"Oh, yes! Because, before we sailed, Mrs. Roscombe took me to the churchyard, or cemetery, to see my father's and mother's grave. I remembered that perfectly. Her own husband was buried there too, close by. I remember how we both cried."


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 Mr. Carless suddenly pointed to the ornament which Miss Wickham was wearing.

"Will you take that off, and let me look at it?" he asked. "Thank you," he said, as she somewhat surprisedly obeyed. "I believe," he continued, as he quietly passed the ornament to Lord Ellingham, "that Mr. Ashton gave you this and told you it had belonged to your father? Just so! Well," he concluded, handing the ornament back, "I think that's all. Much obliged to you, Miss Wickham. You won't understand all this, but you will, later. Now, one of my clerks will get you a car, and we'll escort you down to it."

"No," said Lord Ellingham, promptly jumping to his feet. "Allow me—I'm youngest. If Miss Wickham will let me—"

The two young people went out of the room together, and the three men left behind looked at each other. There was a brief and significant silence.

"Well, Carless?" said Mr. Pawle at last. "How now?"

"'Pon my honour," answered Mr. Carless, "I shouldn't wonder if you're right!"


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298 terest to all those who care at all to read these brief: biographies.

are questions which I am wholly unprepared to answer. Of her birth and youth I have been unable to glean any definite information. One newspaper paragraph states that she is the only daughter of a poor but learned clergyman, who educated her himself thoroughly in the classics and sciences. Another, with less appearance of reliability, declares her to be the ward and adopted daughter of her warm friend and admirer Herbert Spencer, and that it is to his tuition and companionship that she owes her thorough education. Neither of these stories is, perhaps, correct. All that we do know certainly of her youth are the facts that her maiden name was Marian Evans, and that she has a thorough and classical education; and so must have enjoyed from


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Rh childhood superior advantages to obtain such education, in addition to her wonderful natural genius and philosophical bent of mind; for although genius is a gift of nature, yet without opportunity, industry, and perseverance, it is a gift thrown away upon its possessor.

“Few indeed are the beings who have ever combined so many high qualities in one person as Mrs. Lewes does,” says Justin McCarthy, in his sketch of her in his "Modern Leaders”: "she is an accomplished linguist, a brilliant talker, a musician of extraordinary skill. She has a musical sense so delicate and exquisite that there are tender, simple, true ballad melodies which fill her with a pathetic pain almost too keen to bear; and yet she has the firm, strong command of tone and touch without which a really scientific musician cannot be made. I do not think this exceeding sensibility of nature is often to be found in combination with a genuine mastery of the practical science of music. But


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 consists of 84 of our years, each hemisphere has 42 years of darkness and 42 years of light.

The four inner planets are quite solid in comparison to the four outer ones, which are largely gaseous. Mercury is the most solid planet of all, being more like metal than the earth; neither Jupiter nor Saturn have stable surface crusts while Saturn is so light that it would float on water.

Following are the diameters of the planets starting from Mercury, nearest to the sun, to Neptune, the farthest away.

The planets that are relatively near the sun have few or no satellites, Mercury and Venus having none, Earth one, Mars two; those farther distant have a goodly number, Uranus possessing four, Jupiter nine and Saturn ten.

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300 Mrs. Lewes has mastered many sciences, as well as literatures. Probably no other novel- writer, since novel-writing became a business, ever possessed one tithe of her scientific knowledge... Mrs. Lewes is all genius and culture. Had she never written a page of fiction, nay, had she never written a line of poetry or prose, she must have been regarded with wonder and admiration by all who knew her, as a woman of vast and varied knowledge - a woman who could think deeply and talk brilliantly, who could play high and severe classical music like a professional performer, and could bring forth the most delicate and tender aroma of nature and poetry, lying deep in the heart of some simple, old-fashioned Scotch or English ballad.”

Some fourteen or sixteen years ago I remember taking up Feuerbach’s “Essence of Christianity,” and noting the name of Miss Marian Evans as the English translator thereof. My curiosity was at once aroused as to who this woman was, whose name


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Rh I had never before heard. It seemed almost marvelous that “any woman could feel interested enough in this deep philosophical German work, with its boldly-avowed Atheism, and its mysticism of expression, to translate it into our blunt, direct English language. Few men at that time would have dared or proved equal to the task, and it was certainly strange work for a woman to choose, from a feeling of fitness for the work, or from a sense of pleasure in her undertaking. I looked eagerly for some further mention of this unknown Marian Evans, and found it a few days later on the title-page of another heterodox German work, Strauss’ “Life of Jesus,” of which she is the translator. But this meager mention only whetted, without in the least alleviating, my curiosity in regard to her. I wished so much to know more of her. Was she young? Did she compose as well as translate? Was Marian Evans her real name? Was she known anywhere as a writer? These were the ques-


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302 tions I asked over and over, but it was some years later before I found any reply to them. She was evidently, from her unpopular choice of works to translate into English, a Freethinker herself, as well as a thinker.

I had known and admired the novelist George Eliot for several years, as the author of "Adam Bede,” and “The Mill on the Floss,” before I came to know that George Eliot and Marian Evans, my unknown translator, were one and the same person. Marian Evans had been to me the greater mystery. Why I had never heard more of her than as the translator of these two philosophical German books puzzled me. 1 felt that she must have a strong individuality, from the fact that she had dared to make her public appearance as a translator of heretical and unorthodox works: and it was with a sense of supreme satisfaction that I found her at last—a woman—one of my own sex—and a George Eliot! I gloried in the reality of her literary power, and in her grandeur of genius, as if


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 so, however, before the roguish sprite carried off the spear and transformed himself into a similar one, and took its place.

When the messenger, after taking his rest, set forth again with his spear, and had got some little way on his journey, it began slipping forward every now and then, in such wise that the messenger kept pitching forward into the most intolerable filth, and getting himself sadly befouled. For indeed so often did it happen, that the churl at last could not tell for the soul of him, what had come to the spear, or why he kept slipping forward with it, instead of seizing fast hold of the ground.

He looked at it longways and sideways, from above, from underneath, but in spite of all his attempts, no change could he discover.

In the meanwhile, he went forward a little way, when suddenly he was once more plunged into the morass, to cry, ‘woe is me, and wala wa,’ at his spear, which led him to such scrapes, but did nothing to release him from them. At length, he got himself once more to rights, and then turned the spear the wrong way upwards. But no sooner had he done so, than he was driven backwards instead of forwards, into the mud, and so got into a worse plight than ever.

After this, the silly fellow took the spear across his shoulder like a pikeman, when he found it was of no use to trail it upon the earth, and in this fashion he started forth like a true knight. But still the merry knave Rubezahl continued his vexatious tricks, by pressing on the messenger, as though he had got a pair of heavy yokes upon his back, and throwing his troublesome burden first on one shoulder and then on the other, until at last,


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Rh she had been a near and personal friend, instead of an entire stranger, whom I had neither seen, nor ever expected to see. And because she is a woman, and has proved herself so great, and in proving herself so has demonstrated the capabilities of her sex to all the world, I have continued to glory in every fresh triumph she has since achieved. And I am the more proud of her that she has dared to throw off those shackles of superstition and bigotry which weigh so much heavier on women than on men; and has with quiet, unassuming strength of character dared to own herself a Positivist and a Freethinker.

Miss Evans began her literary career as translator and essayist. Her first contributions to magazine literature appeared in the Westminster Review, edited by Dr, John Chapman, and awakened considerable attention from their force and polish. After awhile she became assistant editor of that magazine, residing in the family of the editor-in-chief. Here she was necessarily


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304 brought into personal acquaintance with many literary people as well as philosophical writers. It was in Dr. Chapman’s home that she first formed that acquaintance with George Henry Lewes, already a well-known and popular writer, which finally deepened into love, and culminated in their union for life. Here, too, she met Herbert Spencer, and other radical and earnest thinkers.

Miss Evans’ first attempts at fiction-writing were the series of short stories and sketches, now known under the title of “Scenes of Clerical Life,” published in serial form in magazines.

Previous to this she had been known only as a translator and writer of essays and reviews. Of her original writings she seems to have had no very high opinion. “For years,” she remarked to a friend, “I wrote reviews because I knew so little of humanity.”

It was not until the publication of “Adam Bede” by the Harpers, a little more than a dozen years ago, that a new


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Rh writer, whose nom de plume was George Eliot, began to attract the attention of American readers. In England, Thackeray had already spoken of her as "a literary star of the first magnitude just risen on the horizon”; but her fame was not assured until after the publication of "Adam Bede,” which she sold to the publishers of Blackwoods Magazine for £300; and, to their credit be it told, when they found that it was for them a successful venture, and likely to remain such, they presented her with £1,500 more, as her share of the proceeds of its sale.

The pseudonym of "George Eliot,” under which she first appeared as a novelist, and the careful assumption of masculinity throughout the pages of "Adam Bede,” while it puzzled and led astray the public as to her identity, did not long deceive as to her sex. The woman’s tender heart and keen sense of injustice made palpable the true woman's nature all through her book. Theodore Parker, writing to Frances


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306 Power Cobbe, in 1859, remarks: “I am reading ‘Adam Bede,’ a quite extraordinary book. But I wonder that any one should have doubted that a woman wrote it. Strange is it that we tell the universal part of our history in all that we write!”

Since the publication of "Adam Bede," every successive work from the pen of George Eliot has intensified the interest excited by that work, and strengthened public opinion in its first estimate of her literary ability. Her late effort, "Middlemarch,” is causing her name to occupy the chief place in literary reviews, and sets the seal upon her as the greatest of living novelists. Even previous to its appearance, the Chicago Evening Journal, in an elaborate and carefully-prepared editorial on woman’s genius, gives her this high praise: “It is undoubtedly in the genius of George Eliot that English womanhood has its largest and most wonderful illustration. There are no novels in English literature which can be compared with hers for that


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Rh which is by far the best feature of a good novel—thorough appreciation of the deeper meaning of human life, of the divine laws which underlie, and penetrate, and overshadow, human experience. It would not be easy to name anything written since Shakespeare and Milton more thoroughly alive with great moral passion, more instinct with the consciousness that righteousness is the soul of the Universe, than George Eliot's sketches of human life as we have them in her novels. She is a preacher greater than any in the Established pulpits of England, and will be remembered and read after men shall have ceased to preserve the recollections of the discussions and controversies which now fill the English ecclesiastical State.”

George Wm. Curtis says of her that, "for all the higher qualities of the story-teller; for sustained imagination, insight, knowledge, and exquisite skill of narration—the woman who writes under the name of George Eliot is the master of all living men.”


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308 Mr. John Morley says that "no woman has ever impressed him so profoundly as George Eliot; there is something almost apostolic in her moral character, while her intellect is of the first order.”

Richard Grant White finishes a critique of “Middlemarch” thus: "Of George Eliot herself our final and summary judgment is that in her the introspective spirit of the age has become incarnate, and attained its completest development.”

How much of passionate pain her life has held; what disappointments, what sorrows, what baulked aims, what unsatisfied desires, what hopeless loves, what terrible struggles— we do not know, and may not even guess. But that these things have been in her life her writings bear ample witness. However sympathetic her nature may be, and however observing her mind, no sympathy, nor any power of observation, can supply, without bitter personal experience, the keen, sympathetic knowledge she displays in her portrayal of all these. She has been taught


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Talk:Debby's Debut

Atlantic
There is a copy here - https://www.theatlantic.com/magazine/archive/1863/08/debbys-debut/306501/ - Beardo (talk) 18:26, 10 February 2024 (UTC)

title: Talk:Debby's Debut


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Rh the shades of meaning in all these in the school of experience—a school which to her high, grand nature, her keen susceptibilities, has been a thousandfold more thorough in its teachings than we duller scholars have found it. Does she not herself confess as much when in “Felix Holt” she says: “The poets have told us of a dolorous enchanted forest in the under world. The thorn-bushes there, and the thick-barked stems, have human histories hidden in them; the power of unuttered cries dwells in the passionless-seeming branches, and the red, warm blood is darkly feeding the quivering nerves of a sleepless memory, that watches through all dreams. These things are a parable.”

The one romance in George Eliot’s life which she has found it impossible to keep from the inquisitive world is the romance which culminated in her marriage to a kindred spirit, Mr. George Henry Lewes, himself a power in the literary world. I say her marriage, although it is well known


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310 that by force of circumstances it was for many years a marriage to which the law refused its sanction, though in every other respect a true, pure, honorable union—a union which demanded from both the parties high courage and faith in each other to venture upon. If, however, marriage means anything more than a formula of words, theirs is one of the truest of marriages, which the legal ties that now unite them do not render one whit more binding.

Until she had passed the first buoyancy, brightness, and bloom of youth, Mrs. Lewes was unknown. The world never knew the girl Marian Evans; and what beauty, if any, she had ever possessed belonged not to the world’s George Eliot, for she is described by many as being positively homely; while even her friends and admirers soften the truth in loving phrase. The nearest approach to praise of her personal appearance which I have ever seen I find in a letter of Moncure D. Conway to The Round Table, in which he says: “What Margaret


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User talk:ApplePieGuy95

--EncycloPetey (talk) 22:54, 10 February 2024 (UTC)

Basic formatting
When you mark a page Proofread, please make sure there is a blank line between paragraphs, and that the header information is in the header, rather than the main body of the page. --EncycloPetey (talk) 22:54, 10 February 2024 (UTC)

 * Thank you. I'll make sure to do this in the future. ApplePieGuy95 (talk) 23:24, 10 February 2024 (UTC)

title: User talk:ApplePieGuy95


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Rh Fuller’s father said of her when she was a girl —‘incedit regina’— may be said of the mature woman who writes under the name of George Eliot. She is a finely-shaped woman, and quite large, though not in the sense in which Hawthorne describes English female largeness. She is by no means corpulent, nor are there any suggestions of steaks and sirloins about her, but she is of large skeleton. She is not meager, either, but has the look of being made out of fine clay. She is blonde, with very light auburn hair; clear, serene, smiling eyes; beautiful teeth. She has also gracious and easy manners, with an undefinable air of unworldliness—of having been made for large and fine societies, but never entered them. In a word, she is a woman who, though not handsome, would personally satisfy her most ardent admirers.”

A writer in the Atlantic Monthly for December, 1864 (Miss Kate Field, I think), who met Mrs. Lewes in Italy, describes her thus:


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312 “It was at Villino Trollope that we first saw that wonderfully clever author, George Eliot. She is a woman of forty, perhaps, of large frame, and fair Saxon coloring. In heaviness of jaw, and height of cheek-bone, she greatly resembles a German; nor are her features unlike those of Wordsworth, judging from his pictures. The expression of her face is gentle and amiable, and her manner is particularly timid and retiring. In conversation Mrs. Lewes is most entertaining.”

It is asserted that she is nervously sensitive as to her lack of beauty, and will not on that account consent to sit for any kind of picture; but I am inclined to doubt as to her refusal being in consequence of this feeling; it, more probably, is the result of that modesty which is so charming and beautiful a trait in her character, a modesty which will not permit her to do anything which may appear like self-glorification; which lets the world seek her out, if so be it thinks her worthy of being sought after,


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Rh but which will always prevent her from trying to make herself in any way conspicuous, save by those works which are the natural expression and outlet of a deep, grand, philosophical nature, the emanations of a true genius. It was that same modesty which prevented her from avowing her sex or name until success crowned her work, and genuine admiration inquisitively ferreted her out, through all disguise.

Her position on the Westminster Review, and residence in the family of its chief, rendered her accessible to those who frequented Dr. Chapman’s house. Among those who availed themselves of the privilege was George Henry Lewes, whose philosophical writings had previously won her respect. The intimate friendliness into which their mutual likings drew them resulted first in his hearty admiration of her as a thinker; then in his ardent love and tenderness for her as a pure, grand woman. But there were obstacles to their union even when he found that she reciprocated his passion. He was


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314 peculiarly situated: He was a married man, although for long years he had not lived with his wife. His wife was living with another man, for the marriage had been an uncongenial one, and the first Mrs. Lewes had proved false to her marriage vows; "but,” says a writer in the Golden Age, “Mr. Lewes himself was equally guilty of infidelity to his wife, and the law of England does this equal justice to man and woman, viz., it absolves neither from a marriage bond, on account of the infidelity of the other, unless the one who asks freedom can claim to have been faithful to his or her own vow. The marriage tie between this disloyal husband and wife was broken in fact, but not in law. They had long lived separate lives, when Mr. Lewes met and loved Miss Evans. It was her mind and heart which first won Mr. Lewes’ love, and the nobility of this most pure spirit lifted that love into a reverence he had never before felt for woman. His love was returned, and the ques-


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Rh tion of their future was discussed by these loving friends and friendly lovers. They asked the advice of the wisest and best of their friends in this emergency, and at last, after much thought and discussion, it was decided by themselves and their counsellors that this being an exceptional case, it must be dealt with in an exceptional manner. A legal marriage between them was impossible, but since the affection which united them was no more youthful passion, but the stable bond of a love founded on mutual congeniality and respect, they would be justified in uniting their lives outside of the law, if they were strong enough to bear the social consequences which must naturally follow from the infraction of the law.

“This they resolved to do, and from that time they have lived happily, contentedly, and helpfully together. All their friends approve of their course, and no truer wife to her husband, no more tender mother to his children — for she has none of her own —


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316 is to be found in all England than this brave and true woman.”

Thus far testifies the nameless writer in the Golden Age concerning their marriage. But other and later writers in regard to this matter, writing since the death of the first Mrs. Lewes and the legal marriage of George Eliot to Mr. Lewes, give a different version of the story; averring that after Mr. Lewes had, with rare generosity, forgiven his former wife's first sin against him and taken her back to his heart and home, she again eloped with another lover, and the English law debarred him from a divorce. The Golden Age writer may be mistaken as to the children of George Lewes, as nowhere else have I ever seen any mention of children by either marriage, though there can be no doubt that one who can portray so vividly as she does the true depths of maternal love would make a devoted mother, or stepmother, even.

When they thus joined their fates together, both were mature in years and in


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Rh experience of the world; both in the possession of their ripest genius. That she, at least, thinks this riper love as rich in blessing as the vaunted love of youth, witness this question occurring in “Adam Bede”:

"How is it that the poets have said so many fine things about our first love, so few about our later love? Are their first poems their best? or, are not those which come from their fuller thought, their larger experience, their deeper-rooted affections? The boy's flute-like voice has its own Spring charm; but the man’s should yield a deeper, richer music.”

Mr. and Mrs. Lewes have not, since their marriage, sought, or cared for, recognition by society. Indeed, on the contrary; Mrs. Lewes shrinks from any overflow of the outside world into her quiet, busy, loving home. The few who know and love them thoroughly, who have largeness enough of heart and brain to make them forget that in their union there is anything but obedience to that which is fittest, in whose


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318 society complete oneness of aim is felt, and that aim self-improvement and the happiness of others—these true, congenial friends are the only ones admitted or welcomed to their home circle, and these are all-sufficing for their need of friendship. If there be outside sneerers at their marriage, world-people who feel that a marriage such as this is an outrage upon and a detriment to “society,” they keep themselves too far apart from such to be hurt or annoyed by what they may say or think.

Of George Henry Lewes, Justin McCarthy speaks as follows:

“What man of our day has done so many things, and done them so well? He is the biographer of Goethe and Robespierre; he has compiled the "History of Philosophy,” in which he has something really his own to say of every great philosopher, from Thales to Schelling; he has translated Spinoza; he has published various scientific works; he has written at least two novels; he has made one of the


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Rh most successful dramatic adaptations known to our stage; - he is an accomplished theatrical critic... Mr. Lewes was always remarkable for a frank and fearless self-conceit, which by its very sincerity and audacity almost disarmed criticism.”

Mr. Lewes, having been born in 1817, is, at the present time, about fifty-nine years of age, while George Eliot is not more than two or three years his junior, perhaps not even so much, and he is said to be even less favored in the matter of personal beauty than she is—so that in these respects they are on an equal footing. That their union is a happy one no one seems to doubt.

I have called George Eliot a Freethinker. In the best sense of that much-abused word, I think she can truly be called so; but her freedom of thought has not raised within her mind any desire to curtail or circumscribe the thoughts or opinions of any one else. She is no image-breaker; rather by sweet persuasiveness, or the gentlest of ridicule, does she endeavor


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320 to show us that our images are senseless, hideous daubs of clay, instead of the immortal gods we had taken them for; and so shame us into putting them aside, of our own free-will. She evinces none of that animosity toward religionists or the clergy which is, unhappily, too often a trait of those who dissent from the doctrines and dogmas of orthodoxy. For the clergy, indeed, she shows often a tender, reverent feeling of pity, as toward a misunderstood, much-abused class of men, rather than any disposition to brand them as willful hypocrites, and wolves in sheep's clothing. She aims ever to show the folly and weakness of the belief, instead of the sins and shortcomings of the believers.

What a writer says of Mr. Lewes is equally true of his wife, viz. “that he is a thorough skeptic and disputer of the supernatural; and we have little doubt that he has done more than any other two men living in his time in England to diffuse skepticism—especially among the refined and


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Rh cultivated classes. This he has effected by the inferential, as distinguished from the explicit, character of his teachings.”

While there is in the writings of George Eliot no direct attack upon the Christianity of to-day, no outright declaration of antipathy toward its teachings, such as would shock or hurt the feelings of any sincere believer, yet there runs through them all an undercurrent of liberal and inquiring thought, calculated to suggest and encourage inquiry. Perhaps she makes Felix Holt express her views in regard to this matter better than I could hope to, in his reply to Esther Lyon’s retaliatory queries, after he had taken her to task for the uselessness of her life :

“Why do you read this mawkish stuff on a Sunday, for example?” he said, snatching up ‘Rene,’ and running his eye over the pages.

“Why don’t you always go to Chapel, Mr. Holt, and read Howe's ‘Living Temple,” and join the church?”


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Mishkát-ul-Musábih

 * Mishcàt-ul-Másàbih by Arnold Nesbitt Matthews, 1809
 * Selections from Muḥammadan Traditions by William Goldsack, 1923

title: Mishkát-ul-Musábih


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322 “There’s just the difference between us —I know why I don't do these things. I distinctly see that I can do better. I have other principles, and should sink myself by doing what I don’t recognize as the best.”

All through her works we can open the pages at random, and find passages expressive of her lack of faith in churches and creeds, similar to these quiet sarcasms, from "Felix Holt":

“There was no sign of superstition near, no crucifix or image to indicate a misguided reverence; the inhabitants were probably so free from superstition that they were in much less awe of the parson than of the overseer. Yet they were saved from the excesses of Protestantism by not knowing how to read. They were kept safely in the via media of indifference, and could have registered themselves in the census by a big black mark as members of the Church of England.”

And again: ‘‘He did not grapple with the paradox; he let it pass with all the


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Rh discreetness of an experienced theologian or learned scholiast; preferring to point his whip at some object which could raise no questions.”

Her portrayal of Bulstrode’s character and religion in “Middlemarch” is eminently characteristic of her charitable judgment, and of her keen insight into human nature. I give two or three extracts:

“There may be coarse hypocrites who consciously affect beliefs and emotions, but Bulstrode was not one of them. He was simply a man whose desires had been stronger than his theoretic beliefs, and who had gradually explained the gratification of his desires into satisfactory agreement with those beliefs. If this be hypocrisy, it is a process which shows itself occasionally in us all, to whatever confession we belong, and whether we believe in the future perfection of the race, or in the nearest date fixed for the end of the world; whether we regard the earth as a purifying nidus for a saved remnant, including ourselves,


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324 or have a passionate belief in the solidarity of mankind.”

‘His belief in these moments of dread was, that if he spontaneously did something right, God would save him from the consequences of wrongdoing. For religion can only change when the emotions which fill it are changed, and the religion of personal fear remains nearly at the level of the savage.”

...“Does any one suppose that private prayer is necessarily candid—necessarily goes to the roots of actions? Private prayer is inaudible speech, and speech is representative. Who can represent himself just as he is, even in his own reflections.”

One of George Eliot’s critics has said that “her nature is decidedly religious,” and I am inclined to agree with him in this opinion. But the religion of a nature like hers is not the religion which is usually understood by that word —it is the higher, broader, profounder “religion of humanity”; which cares nothing for sects, or


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 as a weekly token of the remembrance of friends, it cheers and gives pleasure. I only fear that its regular transmission may become a task to you; in this case, discontinue it at once.

"I did indeed enjoy my trip to Scotland, and yet I saw little of the face of the country; nothing of its grander or finer scenic features; but Edinburgh, Melrose, Abbotsford—these three in themselves sufficed to stir feelings of such deep interest and admiration, that neither at the time did I regret, nor have I since regretted, the want of wider space over which to diffuse the sense of enjoyment. There was room and variety enough to be very happy, and 'enough,' the proverb says, 'is as good as a feast.' The queen, indeed, was right to climb Arthur's Seat with her husband and children. I shall not soon forget how I felt when, having reached its summit, we all sat down and looked over the city—towards the sea and Leith, and the Pentland Hills. No doubt you are proud of being a native of Scotland,—proud of your country, her capital, her children, and her literature. You cannot be blamed.

"The article in the 'Palladium' is one of those notices over which an author rejoices trembling. He rejoices to find his work finely, fully, fervently appreciated, and trembles under the responsibility such appreciation seems to devolve upon him. I am counselled to wait and watch—D. V. I will do so; yet it is harder to wait with the hands bound, and the observant and reflective faculties at their silent and unseen work, than to labour mechanically.


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Rh forms, or creeds; which ignores priesthoods and dogmas, and cares only for the moral and physical welfare of her fellow-men. Both herself and Mr. Lewes are said to be followers of Auguste Comte, but they are of those who can never become "followers” of any one man or creed, though it is doubtless true that in the philosophy of Comte they find the nearest assimilation to their own philosophical conclusions.

George Eliot’s literary success has been remarkably rapid. Wonderfully so, when we consider the multitude of new novelists who demand attention, and the long list of romance writers whose names we forget from year to year. To make so decided an impression on the public mind in such an era of fiction-writing speaks volumes for her fitness for her chosen work. Yet hers has not been an easily won, easily earned fame. For years before her success, she had served a long, faithful, and apparently ill-paid apprenticeship to her vocation as writer for the press; but at last came her reward


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Author:James Lyman Merrick

Works

 * The Pilgrim's Harp (1847)
 * An appeal to the American Board of Commissioners for Foreign missions (1847)
 * The Life and Religion of Mohammed (1850)

title: Author:James Lyman Merrick


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326 and appreciation, and, if she is not already, she soon will be placed above the need of writing for pecuniary gain. Let us hope that her love for her work will prevent competence from paralyzing her ready pen, and active, vigorous brain,

The following list comprises her published works up to this date;

“Scenes of Clerical Life.”

"Adam Bede.”

“The Mill on the Floss,”

“Felix Holt, the Radical.”

"Romola.”

"The Spanish Gypsy.” (A poem.)

"The Legend of Jubal, and Other Poems.”

“Middlemarch.”

The last-mentioned work is thought by her critics to be her best, also. For myself, I think "Romola” shows her varied genius in the strongest light. She is yet in the prime of her intellectual life, and capable of giving her admirers new lessons and new delight.


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Rh THE foregoing sketch was so far written before “Daniel Deronda” was begun. That novel, now completed, shows no falling off in strength or literary merit. It is destined to be even more popular than "Middlemarch.” Every sentence is polished and freighted with meaning. The critical sense is soothed and satisfied by the perfection in the smallest details of the pen-pictures drawn by this greatest of living novelists. This is a result in part of her careful writing, ‘She writes slow or fast, according to her intellectual temper,” says the London correspondent of the New York Herald, “but never without frequent revision. She does not permit a line, proof, or autograph to leave her, until she has made it precisely what she wants. In addition to composition, she studies hard, and is constantly in pursuit of knowledge.


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 "I need not say how I felt the remarks on 'Wuthering Heights;' they woke the saddest yet most grateful feelings; they are true, they are discriminating, they are full of late justice, but it is very late—alas! in one sense, too late. Of this, however, and of the pang of regret for a light prematurely extinguished, it is not wise to speak much. Whoever the author of this article may be, I remain his debtor.

"Yet, you see, even here, 'Shirley' is disparaged in comparison with 'Jane Eyre;' and yet I took great pains with 'Shirley.' I did not hurry; I tried to do my best, and my own impression was that it was not inferior to the former work; indeed, I had bestowed on it more time, thought, and anxiety: but great part of it was written under the shadow of impending calamity; and the last volume, I cannot deny, was composed in the eager, restless endeavour to combat mental sufferings that were scarcely tolerable.

"You sent the tragedy of 'Galileo Galilei,' by Samuel Brown, in one of the Cornhill parcels; it contained, I remember, passages of very great beauty. Whenever you send any more books (but that must not be till I return what I now have) I should be glad if you would include amongst them the 'Life of Dr. Arnold.' Do you know also the 'Life of Sydney Taylor?' I am not familiar even with the name, but it has been recommended to me as a work meriting perusal. Of course, when I name any book, it is always understood that it should be quite convenient to send it."


text: Heroines of Freethought/George Eliot (Marian Evans Lewes)


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Page:The Net of Faith.pdf/585

(:Following Christ's appearance on earth man is bound to love God am His new order with ell his heart and mind and soul, end to submit volunter4ily to His discipline, in order to become a real man of God. Man's earthly life passes quickly away but the eternal life abides forever.:)

Whatever divine sanction there is in human establishments, it applies to the earthly, temporal life. The new law, introduced by the Son of God applies to the earthly things very little, and sometimes not at all. Its applications to earthly things are:

And if they take by violence your goods, rejoice believing that they are not lost, for in heaven you will find worthier goods than the temporal (ones you lost).

Christ's new order leaves man with the hope in God, so that, throwing all his cares to God, he would not sin for temporal goods, believing that to take care of one's neighbor is much more important. 1-Tim. 6:8.

Matt. 5:40.

188*

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Page:The Net of Faith.pdf/587

189* (:Christ's dominion presents a remedy for soul and body, for man and society, and is incomparably better than any human institution and law.:) 1-Tim. 6:8.

Matt. 5:40.

title: Page:The Net of Faith.pdf/587


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was thought desirable about this time, to republish "Wuthering Heights" and "Agnes Grey," the works of the two sisters, and Charlotte undertook the task of editing them.

She wrote to Mr. Williams, September 29th, 1850, "It is my intention to write a few lines of remark on 'Wuthering Heights,' which, however, I propose to place apart as a brief preface before the tale. I am likewise compelling myself to read it over, for the first time of opening the book since my sister's death. Its power fills me with renewed admiration; but yet I am oppressed: the reader is scarcely ever permitted a taste of unalloyed pleasure; every beam of sunshine is poured down through black bars of threatening cloud; every page is surcharged with a sort of moral electricity; and the writer was unconscious of all this—nothing could make her conscious of it.

"And this makes me reflect,—perhaps I am too incapable of perceiving the faults and peculiarities of my own style.

"I should wish to revise the proofs, if it be not too great an inconvenience to send them. It seems to me


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Page:In re Directives.pdf/12

 procedures have been implemented in bad faith.

Similarly, the fact that there is some potential for error is not a sufficient reason to invalidate the surveillances. [redacted text]

Equally as important, some risk of error exists under the original EISA procedures—procedures that received our imprimatur in Sealed Case, 310 F.3d at 746. A prior judicial review process does not ensure that the types of errors complained of here [redacted text] would have been prevented.

It is also significant that effective minimization procedures are in place. These procedures serve as an additional backstop against identification errors as well as a means of reducing the impact of incidental intrusions into the privacy of non-targeted United States persons. The minimization procedures implemented here are almost identical to those used under FISA to ensure the curtailment of both mistaken and incidental acquisitions. These minimization procedures were upheld by the FISC in this case, and the petitioner stated at oral argument that it is not quarreling about minimization but, rather, about particularity. Thus, we see no reason to question the adequacy of the minimization protocol.

The petitioner’s concern with incidental collections is overblown. It is settled beyond peradventure that incidental collections occurring as a result of constitutionally permissible acquisitions do not render those acquisitions unlawful. See, e.g., United States v. Kahn, 415 U.S. 143, 157–58, 94 S.Ct. 977, 39 L.Ed.2d 225 (1974); United States v. Schwartz, 535 F.2d 160, 164 (2d Cir.1976). The government assures us that it does not maintain a database of incidentally collected information from non-targeted United States persons, and there is no evidence to the contrary. On these facts, incidentally collected communications of non-targeted United States persons do not violate the Fourth Amendment.

To the extent that the petitioner may be concerned about the adequacy of the targeting procedures, it is worth noting that those procedures include provisions designed to prevent errors. [redacted text] Furthermore, a PAA provision codified at 50 U.S.C. § 1805b(d) requires the AG and the DNI to assess compliance with those procedures and to report to Congress semi-annually.

4. A Parting Shot. The petitioner fires a parting shot. It presented for the first time at oral argument a specific privacy concern that could possibly arise under the directives. This parting shot may have been waived by the failure to urge it either before the FISC or in the petitioner’s pre-argument filings in this court. We need not probe that point, however, because the petitioner is firing blanks: no issue falling within this description has arisen to date. Were such an issue to arise, there are safeguards in place that may meet the reasonableness standard. We do, however, direct the government promptly to notify the petitioner if this issue arises under the directives.

The foregoing paragraph is a summary of our holding on this issue. We discuss with greater specifityspecificity [sic] the petitioner’s argument, the government’s safeguards, and our order in the classified version of this opinion.

title: Page:In re Directives.pdf/12


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And this is what Paul had in mind when he said, "He who resists the authority resists what God hag appointed, and those who resist will incur judgment."

(:In other words, if the authority requires things contrary to the will of God, it is not "appointed by God" but incited by pride. Any exercise of authority contrary to the will of God is untrue and sinful and not binding to the Christian. And "those who resist will incur the Judgment" of the men in authority. Therefore, even though a Christian may consider sovereignty an unnecessary and harmful evil, he should not resist it with hatred, curses, and base action. If he did he Would act contrary to the will of God whose command is to love.:)

Rom.13:2. 190*

title: Page:The Net of Faith.pdf/589


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 advisable to modify the orthography of the old servant Joseph's speeches; for though, as it stands, it exactly renders the Yorkshire dialect to a Yorkshire ear, yet, I am sure Southerns must find it unintelligible; and thus one of the most graphic characters in the book is lost on them.

"I grieve to say that I possess no portrait of either of my sisters."

To her own dear friend, as to one who had known and loved her sisters, she writes still more fully respecting the painfulness of her task.

"There is nothing wrong, and I am writing you a line as you desire, merely to say that I am busy just now. Mr. Smith wishes to reprint some of Emily's and Annie's works, with a few little additions from the papers they have left; and I have been closely engaged in revising, transcribing, preparing a preface, notice, &c. As the time for doing this is limited, I am obliged to be industrious. I found the task at first exquisitely painful and depressing; but regarding it in the light of a sacred duty, I went on, and now can bear it better. It is work, however, that I cannot do in the evening, for if I did, I should have no sleep at night. Papa, I am thankful to say, is in improved health, and so, I think, am I; I trust you are the same.

"I have just received a kind letter from Miss Martineau. She has got back to Ambleside, and had heard of my visit to the Lakes. She expressed her regret, &c., at not being at home.