text:
Module:Library of Congress Classification/data

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{ nosubclass = 'Sciences of History', default = 'History of civilization', -- b		c = 'Archaeology', d = { a = 'Archives', b = 'Seals', d = 'Diplomatics' },		e = 'Technical chronology and calendar', j = 'Numismatics', n = 'Inscriptions and epigraphy', r = 'Heraldry', s = 'Genealogy', t = 'Biography' },	d = { nosubclass = 'World History', default = 'General History', a = 'History of Great Britain', b = { a = 'History of Liechtenstein', b = 'History of Hungary', c = 'History of Czechoslovakia', default = 'History of Austria' },		c = { a = 'History of Andorra', b = 'History of Monaco', default = 'History of France' },		d = 'History of Germany', e = 'History of the Greco-Roman World', f = 'History of Greece', g = { a = 'History of Malta', default = 'History of Italy' },		h = 'History of the Low Countries', j = { k = 'History of Eastern Europe', default = 'History of the Netherlands' },		k = { b = 'History of the former Soviet Republics', c = 'History of Poland', default = 'History of 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of Prince Edward Island', q = 'Law of Quebec', s = 'Law of Saskatchewan', y = 'Law of the Yukon Territory', z = 'Municipal law of Canada', default = 'Law of Canada' },		f = { a = 'Federal law of the United States', b = 'State law of the United States', x = 'Municipal law of the United States', y = 'Law of the North West Territory of the United States', z = 'Law of the Confederate States of America', default = 'Law of the United States' },		g = { a = 'Law of Belize', b = 'Law of Costa Rica', c = 'Law of El Salvador', d = 'Law of Guatemala', e = 'Law of Honduras', f = 'Law of Mexico', g = 'Law of Nicaragua', h = 'Law of Panama', i = 'Law of the Panama Canal Zone', j = 'Law of the Caribbean', k = 'Law of Antigua and Barbuda', l = 'Law of the Bahamas', m = 'Law of the Cayman Islands', n = 'Law of Cuba', p = 'Law of Curaçao', q = 'Law of Dominican Republic', r = 'Law of the Dutch Leeward Islands', s = 'Law of Haiti', t = 'Law of Jamaica', u = 'Law of the Navassa Islands', v = 'Law of Puerto Rico', w = 'Law of Saba', x = 'Law of Trinidad and Tobago', y = 'Law of the Turks and Caicos Islands', z = 'Law of the Virgin Islands of the United States', default = 'Law of Latin America' },		h = { a = 'Law of Argentina', c = 'Law of Bolivia', d = 'Law of Brazil', f = 'Law of Chile', h = 'Law of Colombia', k = 'Law of Ecuador', l = 'Law of the Falkland Islands', m = 'Law of French Guiana', n = 'Law of Guyana', p = 'Law of Paraguay', q = 'Law of Peru', s = 'Law of Surinam', u = 'Law of Uruguay', w = 'Law of Venezuela', default = 'Law of South America' },		j = { a = 'Roman Law', b = 'History of law in Europe', c = 'Regional comparative and uniform law of Europe', d = 'Germanic Law', e = 'Regional organization and integration of Europe', g = 'Law of Albania', h = 'Law of Andorra', j = 'Law of Austria', k = 'Law of Belgium', m = 'Law of Bulgaria', n = 'Law of Cyprus', p = 'Law of the Czech Republic', q = 'Law of Slovakia', r = 'Law of Denmark', s = 'Law of Estonia', t = 'Law of Finland', u = 'Law of France', v = 'National Laws of France', w = 'Regional Law of France', default = 'Law of Europe' },		k = { a = 'Law of East Germany', b = 'Regional Law of Germany', e = 'Law of Greece', f = 'Law of Hungary', g = 'Law of Iceland', h = 'Law of Italy', i = 'Law of Latvia', j = 'Law of Liechtenstein', k = 'Law of Luxembourg', l = 'Law of Monaco', m = 'Law of the Netherlands', n = 'Law of Norway', o = 'Law of Malta', p = 'Law of Poland', q = 'Law of Portugal', r = 'Law of Romania', s = 'Law of San Marino', t = 'Law of Spain', v = 'Law of Sweden', w = 'Law of Switzerland', x = 'Law of Turkey', y = 'Law of Ukraine', z = 'Law of Yugoslavia', default = 'Law of Germany' },		l = { a = 'Law of Imperial and Soviet Russia', b = 'Law of Russia', d = 'Law of the Armenian Soviet Socialist Republic', e = 'Law of Azerbaijan', f = 'Law of Belarus', h = 'Law of Georgia (country)', j = 'Law of Lithuania', m = 'Law of Moldova', n = 'Law of the Russian Socialist Federative Soviet Republic', o = 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uniform law of South East Asia', e = 'Regional organization and integration of South East Asis', f = 'Law of Afghanistan', g = 'Law of Bangladesh', h = 'Law of Bhutan', k = 'Law of Brunei', l = 'Law of Burma', m = 'Law of Cambodia', n = 'Law of Imperial China', p = 'Law of the Republic of China', q = 'Law of China', r = 'Law of Hong Kong', s = 'Law of India', t = 'State law of India', u = 'Municipal law of India', v = 'Law of French Indochina', w = 'Law of Indonesia', x = 'Law of Japan', y = 'Municipal law of Japan', default = 'Law of South East Asia' },		p = { a = 'Law of South Korea', c = 'Law of North Korea', e = 'Law of Laos', f = 'Law of Macao', g = 'Law of Malaysia', h = 'Law of the States of East and West Malaysia', i = 'Law of the Maldives', j = 'Law of Mongolia', k = 'Law of Nepal', l = 'Law of Pakistan', m = 'Law of the Philippines', p = 'Law of Singapore', s = 'Law of Sri Lanka', t = 'Law of Thailand', v = 'Law of Vietnam', w = 'Law of South Vietnam', default = 'Law of South East Asia' -- default duplicates another subclass to prevent errors },		q = { a = 'History of law in Africa', c = 'Regional comparative and uniform law of Africa', e = 'Regional organization and integration of Africa', g = 'Law of Algeria', h = 'Law of Angola', j = 'Law of Benin', k = 'Law of Botswana', m = 'Law of the British Central Africa Protectorate', p = 'Law of the British Indian Ocean Territory', q = 'Law of British Somaliland', t = 'Law of Burkina Faso', v = 'Law of Burundi', w = 'Law of Cameroon', x = 'Law of Cape Verde', default = 'Law of Africa' },		r = { b = 'Law of the Central African Republic', c = 'Law of Chad', e = 'Law of Comoros', g = 'Law of Congo', k = 'Law of Djibouti', l = 'Law of the East Africa Protectorate', m = 'Law of Egypt', n = 'Law of Eritrea', p = 'Law of Ethiopia', r = 'Law of French Equatorial Africa', s = 'Law of French West Africa', u = 'Law of Gabon', v = 'Law of Gambia', w = 'Law of German East Africa', x = 'Law of Ghana', y = 'Law of Gibraltar', 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Module:Library of Congress Classification/data/doc

Data for Module:Library of Congress Classification.

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


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Page:Peterson's Magazine 1843, Volume III.pdf/8

 WORLD OF FASHION.

and the "cable" moulding, which are characteristic of the Norman buildings.

The sides have three door-ways, each opening into small apartments, which are finished with smooth square blocks of stone ; the floors ofthe same material, but have been covered with cement, which is now broken. The apartments are small, owing to the massive walls enclosing them, and the acute-angled arch forming the ceiling. The working and the laying of the stone are as perfect as they could be under the directions of a modern architect.

Contiguous to this front are two irregular buildings. The one on the right, situated about twenty feet from it, (about two feet off the right line) has a front of about thirty-five feet, ten wide and twenty high ; containing one room similar to those before described. The front of this building is elaborately sculptured with rosettes and borders and ornamental lines ; the rear and sides formed of finely cut stone, but which are now much broken. Near by are numerous heaps of hewn and broken stones, sculptured work and pillars.

The other building, on the left, is about eight feet from the principal front, measuring twenty-two feet in length, thirteen in width, and thirty-six in height. The top is quite broken ; and has the appearance of having been much higher. The "Cactus" was growing thriftily upon its level roof. On all sides of this building are carved figures, broken images, in sitting postures; rosettes and ornamental borders, laid off in compartments; each compartment having three carved hooks on each side and angle. This building contains but one room similar to that on the right. Soil is collected on the tops or roofs of these structures to the depth of three to four feet, which is covered with trees and other vegetation.

From these portions of the ruins we worked our way through the wild thicket, by which they are surrounded, to the north side of the main building; in the centre of which we found a flight of small stone steps overgrown with bushes and vines; which we cut away and made an ascent, by pulling ourselves up to the summit, a distance of forty feet. This platform is an oblong square, one hundred by seventy-five feet. Here we found a range of rooms, occupying about two-thirds of the area; the residue of the space probably formed a promenade, which is now filled up with crumbling ruins, covered with trees and grass. These rooms varied in size; the smallest of which measured six by ten, and the largest six by twenty-two feet.

The most of these rooms were plastered, or covered with a fine white cement; some of which was still quite perfect. By washing them off we discovered fresco paintings-but they were much obliterated. The subjects could not be discerned. On the eastern end of these rooms is a hall running transversely four feet wide, (having the high angular ceiling) one side of which is filled with a variety of sculptured work; principally rosettes and borders, with rows of small ballustrade pillars and pilasters; having three square recesses, and a small room on either side. Over the door-ways of each are stone lintels, three feet square, carved with hieroglyphics, both on the front and under side.

The western end of these rooms is in almost total ruins. The northern side has a flight of stone steps, but much dilapidated, leading to the top; which, probably, was a look-out place, but is now falling to pieces.

The southern range of rooms is much broken; the outside of which yet shows the elaborate work with which the whole building was finished.

We vainly endeavored to find access to the interior of the main building. Two apertures were discovered; caused, probably, by the vastness of the pile, or by some convulsion of nature. In these apertures we made excavations, but could not discern any thing like apartments of any description. It seemed to be one vast body of stone and mortar, kept together by the great solidity of the outer wall ; which was built in a masterly manner, of well-formed materials ; its angles finished with circular blocks of stone of a large and uniform size, in good keeping with the whole.

WYOMING.

BY HARRIET SYMMES LOVELIER than the orange bowers In the eastern clime, Where the silver-footed hours Tripping gaily o'er the flowers Chase away dull Time Lovelier than the star of night Lovely ever to my sight Art thou Wyoming!

Through the valley gently flowing Winds the stream away Slant across the landscape throwing Golden showers brighter growing, Sinks the orb of day While the shadows far and wide Lengthen from the mountain side, Lovely Wyoming!

By that river calmly sleeping In the sunset still, Once were babes and mothers weeping, Death his crimson harvest reaping, Reaping to his fill Yet so quiet now thy vale We could almost doubt the tale, Peaceful Wyoming!


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Page:The Black Cat v01no01 (1895-10).pdf/49

Rh Pa., from a visit to whose house she had just returned, and who before her departure had exchanged some money for her. She added that, as she took no interest in coin collecting, a dollar was simply a dollar to her and that she thought a woman was very foolish to take up with a fad which might ruin her happiness.

Her unknown caller thought so, too, admired her taste in millinery, took the address of her son, and, clutching the fatal coin more firmly than ever, drove back to Erie, where he boarded the New York night express.

To the young man who still clutched the silver dollar sleep was impossible. A multitude of exciting fancies crossed his brain. The developments he hoped to bring about, the curious solution of the problem, its effect upon his future, and the future of one so dear to him,—all this murdered sleep for him as effectually as did the crime on Lady Macbeth's soul. It drove him into the smoking-car, where he sank into a seat and planned and conjectured between puffs of Havana smoke until the train reached Albany. So completely absorbed had he become in the solution of this knotty problem in which his accident of the morning had involved him, and so convinced was he that the information must be for the time kept a secret, that he actually began to dread what was clearly inevitable,—the explanation he must shortly make to his wife.

His inclination was to tell her all. His duty to others forbade this. After pondering over the matter, he decided to explain that he had a happy surprise in store for her, one that had an important bearing on their future, and which unfortunately necessitated a change in their plans for a honeymoon in Europe.

This, on reaching the Delavan House, he expressed to a very pretty and very anxious little woman who was awaiting him, together with a good many other things not necessary to this story. And, instead of the steamer for Europe, the reunited pair took a train for Philadelphia. Early the next day the young man presented himself at the office of Dr. James Wickliffe, at Germantown, who smilingly admitted having given the shining dollar to his mother two days before. He had received the coin from a patient, a letter-carrier nained John Lennon, and remembered it because of the following strange story, related to him by Lennon himself.


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Page:Peterson's Magazine 1843, Volume III.pdf/9

THE LADY'S 6

THE DOVE.

BY MRS. E. H. MAY.

"How beautiful," said Eveline, " not a speck any where on his glossy coat-oh! what a pet we shall make of him," and she gazed up in admiration at the dove which her cousin held caressingly to her lips.

"It is indeed a treasure," said Alice, again caressing it, "how thoughtful in Roland! Let me see, I will call it Roland, after the donor; and so think of him and of the time when he will return."

Alice and Eveline were cousins; but Alice was a rich heiress, while Eveline depended on the bounty of their mutual uncle, Sir James Morton, the guardian of the orphan heiress. Brought up from childhood together, the two cousins had scarcely one thought which was not in common, each sharing the others little confidences, and evincing a love which led many to suppose them sisters. If Alice was sick, who watched by her so tenderly as Eveline ? If Eveline could not leave her chamber, did not Alice deny herself the glorious sunshine and the gallop through the park that she might read to the invalid? In childhood they had slept together, and now, though both were budding into womanhood, they still shared the same couch. Eveline knew, as well as Alice knew herself, the whole progress of the affection which had grown up between the young heiress, and Roland De Villiers.

But who was Roland De Villiers? A young cadet, descended from a distant branch of the family, who had come, about a year before, to reside at Morton Castle in the capacity of secretary to Sir James. Graceful, and accomplished in every manly exercise, it became at once his understood duty to attend the cousins in their rides, on one of which occasions he opportunely rescued Alice from a frightened horse who had galloped with her to the very edge of a precipice, and who in another moment would have plunged with her into the abyss below. The gratitude which this act called forth soon ripened into love on the part of Alice, and it is scarcely necessary to say that the feeling was returned, for, from the first moment when the young cadet beheld her, he had imbibed for her a passion which was to end only with his life.

The growing attachment between his secretary and ward escaped the notice of Sir James ; and both, yielding themselves to the delicious emotions of the hour, took no thought of the possibility that other destinies might be planned out for them by the haughty baronet. Thus a year passed smoothly on, in such unmitigated happiness, that even Eveline, in beholding their felicity, grew happier herself. Oh ! there is nothing like a first and unclouded love. In that delicious dream every thing lends its aid to increase our joy. The flowers seem more beautiful than before ; the brook sings on its way with a gladness which makes our very heart leap; the birds have a carol sweeter than the music of Eden; and winds and woods and skies, the leaflet and the verdant grass, hill-top, and valley, all rejoice with us.

But every dream has its waking, and Alice and her lover were to be separated. The baronet's attention had at last been called to the intimacy existing between the lovers, though he was still ignorant that their vows had been exchanged. Dreading, however, such a result for he had other views for Alice-he determined to banish Roland from the castle, and accordingly procured him a commission in the Guards, of a character so honorable that the young man would not hesitate to accept it. His scheme succeeded, and Roland left the castle, full of gratitude toward his patron, and burning with enthusiastic hopes of winning wealth and fame to lay at the feet of the Lady Alice.

The evening before his departure was spent with Alice, and many were the vows exchanged between the lovers. A favorite pet, a snow-white dove, which hitherto had been the inhabitant of his room, was commended to the care of his mistress, and then, imprinting a last kiss on her lips, he tore himself from her. The next morning at daybreak he departed, but not before Alice had caught a last look at him, as she watched from behind the curtain of her chamber window. Thenceforth the pet dove, that last gift of Roland, was to become her almost constant companion.

A few months after the departure of her lover, Sir James announced the expected arrival of Lord Balmerine, a young nobleman who had lately come into possession of a handsome estate, but of whom more than one unpleasant rumor touching his character had already got afloat. Sir James, however, alluded to these in order to deny them, when he announced the intended visit.

"He will perhaps spend a month with us, perhaps longer," he concluded, glancing at Alice, "he is certainly a most agreeable as well as worthy man." Her guardian spoke this in a meaning tone which required no interpretation, and the heart of Alice sunk as she listened.

"What shall we do, Eveline ?" she said, when alone with her cousin, " the meaning of Sir James is evident. You know he is my guardian, and I believe controls the disposition of my estates unless I marry to please him. And this dreadful Lord Balmerine, who is so cruel, and the prey of the worst vices."

"Heigho!" said the gayer Eveline, " we shall have quite a pretty romance of our own yet. But I see you are too serious to laugh. Well, then, if we can do no better we can give up our estates sooner than marry this wicked lord. I suspect that, after all, he cares more for your rich manors than for yourself."

When the expected suitor arrived his appearance and


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User talk:70.51.138.239

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title: User talk:70.51.138.239


text: How and What to Grow in a Kitchen Garden of One Acre (10th Ed)/Cauliflower


text: How and What to Grow in a Kitchen Garden of One Acre (10th Ed)/Carrots


text: How and What to Grow in a Kitchen Garden of One Acre (10th Ed)/Cantaloupe, or Musk Melon


text: How and What to Grow in a Kitchen Garden of One Acre (10th Ed)/Celery


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Page:South Africa v. Israel (Order of 26 January 2024).pdf/45

1. The circumstances of this case are heartbreaking. On 7 October 2023, persons associated with Hamas attacked Israel from the Gaza Strip. They committed atrocities during which more than 1,000 Israelis were killed and over 200 were taken hostage. Rockets continue to be fired into Israel. Israel has responded with a military operation in the Gaza Strip, as a result of which thousands of Palestinian civilians have been killed and wounded, a large majority of the Palestinians living in the Gaza Strip have been displaced, and a large percentage of all buildings for a population of some 2 million people have been destroyed (see paragraph 13 of the Order). This apocalyptic situation arises from a very complicated political and historical context. Many people around the world hold widely divergent views about who is responsible for the current situation, about various aspects of the larger conflict, and what needs to be done to resolve them.

2. The Court can play only a limited role in the present proceedings. South Africa has brought its Application against Israel based on the Genocide Convention alone. This means that the case concerns, first, only alleged violations of the Genocide Convention and, second, only alleged violations by Israel of that Convention. Thus, the case does not concern possible violations of other rules of international law, such as war crimes, and it does not concern possible violations of the Genocide Convention by persons associated with Hamas. While these limitations may be unsatisfactory, the Court is bound to respect them. I would like to recall, however, that persons associated with Hamas remain responsible for any acts of genocide that they may have committed. Also, both Israel and persons associated with Hamas remain legally responsible for any possible breaches by them of other rules of international law, including international humanitarian law. Any such responsibility can and should be determined through other legal procedures.

3. The Genocide Convention of 1948 is a very special treaty. It was concluded in 1948 in the wake of the Holocaust committed by Nazi Germany against the Jewish people in Europe. In its preamble, the Convention recognizes that “genocide is a crime under international law, contrary to the spirit and aims of the United Nations and condemned by the civilized world”, and it expresses the commitment of humanity “to liberate mankind from such an odious scourge”. For this purpose, Article II of the Convention legally defines the crime of genocide as specific acts “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”. I can understand that Israel, which was established in 1948 as a homeland offering protection to the Jewish people, including against another genocide, strongly rejects allegations that it has now violated the Genocide Convention.

4. However, the Court cannot dismiss South Africa’s Application on this ground. By acceding to the Genocide Convention, Israel has accepted the jurisdiction of the Court under Article IX thereof in “[d]isputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumerated in article III”.


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 THE LADY'S "The dove-the dove," suddenly exclaimed Alice, her face lighting up with hope, "I remember that RoLand once told me his pet belonged to the carrier species, ofwhose wonderful sagacity and swiftness we have read such marvellous accounts."

"Oh ! what a happy thought," said Eveline, springing up and clapping her hands with delight, " we will tie a billet to the bird and let him fly, when he will make for his old home in London. Long before night Roland will be on his way hither. I will run and bring the precious messenger."

All was now delight, for the revulsion from despair to hope is ever extatic. The carrier dove was soon freighted with his precious billet, in which Alice and Eveline narrated, in as few words as possible, the extent of the danger which surrounded the heiress, and conjured Roland to come to their aid, and if possible to save her. When the bird was loosed, he paused an instant and looked back on his late friends, as if conscious of his important mission, and anxious to assure them, and then wheeling in the direction of the capital, shot off like an arrow from the bow.

But though, during the rest of that day, the cousins were full of hope, night brought with it doubts and fears which until then had been overlooked. The bird might deceive them after all, or Roland might not be in London, or he might be unable to reach them in time, and, even if he did arrive before the ceremony, could he prevent the sacrifice ? Such questions they asked each other until finally, long after midnight, exhausted nature asserted her claim, and they fell asleep in each others arms. With morning hope assumed its sway, but long ere evening they began to despond ; and when the fatal day arrived, bringing no intelligence of Roland, even Eveline was in despair.

Meanwhile the preparations for the ceremony were in progress, and the company had met in the great parlor. Alice had suffered herself to be attired in a rich dress, Eveline assisting her with trembling hands. At first they had thought of flight, but when Eveline would have reconnoitred, she saw that they were watched by confidential servants at every avenue. In despair she returned to Alice, admitting that there was no hope ; for escape was impossible, and the hour had long passed when Roland, by riding night and day, would have arrived. More like a victim therefore than a bride, the almost fainting Alice, attended by Eveline, descended to the parlor. A cold shudder seized the bride when her intended husband approached her ; and she would have again besought her uncle's mercy had not his stern frown at her imploring look forbidden all hope. Nor did the company afford one to whom she could turn for aid except only Eveline.

The bridegroom assumed his place, the ceremony began, and the priest had asked if any one there forbade the marriage, when a rush was heard at the door, and three individuals entered, one of whom exclaimed in answer to the question,

"I do- I, Roland De Villiers, as holding the maiden's plight, and in the name of these two companions, trustees of the will of the late Sir Edward Lennox, father of the bride."

All started, and the priest paused ; while Lord Balmerine moved closer to the bride, but Alice, evading him, flew to her lover, shrieking,

" Save me- save me!"

"I will, dearest," said De Villiers, tenderly pressing her to his bosom, " Lord Stanhope will you be so good as to read the certified copy of the will."

One of his companions, an elderly gentleman, stepped forth, and read aloud from a parchment which he held in his hand, to the effect that Sir James Morton was to have the guardianship of the heiress until her eighteenth year, and the right until that age of controlling her choice in marriage; but when her eighteenth year had been reached his right was to cease, and the penalty of losing her estates if she married against his will was to be thereafter of no effect. " And now," continued the reader, " I hold in my hand the certified register of her birth, by which it appears that the Lady Alice Lennox is eighteen to-day, and consequently your right, Sir James, has passed away," he continued, turning to where the baronet had stood. But Sir James had slipped off unobserved while the will was reading.

The discomforture of Lord Balmerine can be better understood than described. He saw that his scheme had failed and did not pause long before he followed his confederate. It was subsequently learned that Sir James was deeply in his debt for sums lost at the gaming table, and that the marriage of the niece to the nobleman was to have been in discharge of these claims. The baronet hoped, by deceiving Alice as to her right to choose her husband, and by overawing her timid nature, to force her into a union with Lord Balmerine before she should become aware of her rights.

"But how came you to arrive so opportunely?" exclaimed Eveline.

"The dove, faithful to his errand, reached me on Monday evening, flying in at the window of his old chamber. I saw the billet at once and learned all. Happily I bethought me of Lord Stanhope, whom I knew to be one of the trustees, and who could not, I felt assured, see you thus sacrificed . To him I hastened, and then, for the first time, learned your rights. Before midnight we had procured the necessary documents, and have posted hither day and night.”

Our story is done. There was a marriage, but it was that of the Lady Alice and her lover, for now that she was her own mistress, on whom else could she bestow her hand?


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WORLD OF FASHION.

THE BELLE OF RANK.

BY MRS. C. K. POWNELL.

"BROTHER," said Isabel Melville, " who was that outlandish creature I saw you with in Main street yesterday ? I mean the girl in the plain, white silk bonnet, and drab dress that looked as if it had once been on a mummy."

" Oh ! you mean Emily Payne, I suppose, for she does not dress as a fine lady like you would."

" And who is Emily Payne ? Your washerwoman or her daughter ?" said Isabel, with a toss of her head.

"Neither,” replied Alfred, with a quiet smile, looking his sister in the face, " she is the daughter of a reduced family, and lives with her widowed mother. They have heretofore resided in one of the northern counties-lived in a log hut I believe-but have now come to Cincinnati, where they talk of opening a millinery shop. I can promise them your custom, I suppose," continued the brother, with that same provokingly quiet smile, as if he foresaw the horror, which his fashionable sister would entertain at the idea of employing such a person for a milliner. Nor was he disappointed.

"My custom !" replied the indignant Isabel, “ indeed, sir, you have odd notions if you think such a fright is capable of making my dresses. The idea is preposterous, and I beg you will never mention it again. She may do to supply the wives and daughters of day-laborers. But how, in the name of common sense, did you become acquainted with her ? I am shocked at you for walking with her in the street."

"I met her last year when I was travelling to the lakes. You know I was thrown from my horse, and confined three weeks with the injuries. Through that illness Emily Payne was my nurse, and I think even you will admit that I owe her some gratitude," and he spoke with deep feeling.

"To be sure, to be sure- no one questions it. You ought to get her recommended about, though don't you see how indelicate it is for you to do it personally ? I'll mention it to the housekeeper, and tell her to send all the servant girls there. Now that I'll do- no thanks. But, for mercy's sake, don't be seen again walking the streets with such an antediluvian relic of a woman, or I shall be forced not to recognize you," and Isabel sailed from the room, in all the dignity of a lady patroness, imagining that her brother was grateful of course for the customers she had promised to send to Emily Payne.

Alfred stood looking out into the street from the window until her retreating footsteps had died on the hall stairs, when he burst into a hearty laugh.

“My good sis!" he said, “ one cannot help smiling at her weakness. She is all for aristocracy, fashion, and the other jargon of the silly portion of her sex. Poor Emily! you will have a hard judge in her, when we are married. But faith! a thought has struck me, and I'll see what can be done. I'll outwit Isabel yet, and make her love her new sister-in-law past all description," and with a face glowing with his new project, he seized his hat and hurried from the house.

Isabel had an excellent heart, but had one weakness -the pride of birth and fashion. She sought no one's acquaintance unless they came recommended by a coat of arms, or the fame of the ball-room. Her brother was totally dissimilar in this respect ; regarded no distinctions except those of merit ; and was as willing to shake hands with an honest laborer as with a millionaire or the son of a duke. On this subject the brother and sister could never agree; and consequently when Alfred met with the accident to which he alluded, and was carried to the house of Mrs. Payne insensible, where he remained until well, and where he learned to love her daughter, charmed by her thousand good qualities, he said nothing on the subject to Isabel.

Alfred soon reached the humble dwelling of Mrs. Payne, and in a moment was sitting by the side of his betrothed. We will not pause to describe her beauty : it was striking and unrivalled ; though half destroyed by the plain, old fashioned dress which she wore, and which certainly did merit a portion of Isabel's anathema. But then Emily had already had to struggle with the world, and poverty and the distance she had lived from the city were sufficient reasons, in the eyes of her lover, for her costume. He had determined, however, that she should no longer do injustice to herself.

"I have a favor to ask of you, dear Emily," he said, taking her small hand in his, and looking fondly into her clear, blue eyes, " you must grant it, before I tell what it is, for I will pledge you there is nothing wrong in my request."

"On that pledge I promise," said Emily, " and now what is it, Alfred?"

"There is to be a ball this night week, where all the belles of the city will be gathered. My boon has relation to this ball and is twofold-first, that you go there with me-secondly, that you wear a dress of which I will select, both the materials and style of making. No objection now-you needn't shake your head-mind, you have promised. It's a whim of mine, and for the reasons, I'll tell them some other time."

Emily would have argued, but Alfred playfully silenced her ; and finally she gave him her consent to his plan. The week soon passed away. Isabel and her brother had no more conversation about the milliner; but the sister was anxious to know who he intended taking to the ball, and Alfred determined on a deception which he thought, under the circumstances, innocent.

" One of the most glorious women you ever saw, sis-a perfect goddess. She is a stranger of noble


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Page:South Africa v. Israel (Order of 26 January 2024).pdf/46

 5. The Court is not asked, in the present phase of the proceedings, to determine whether South Africa’s allegations of genocide are well founded. At this stage, the Court may only examine whether the circumstances of the present case, as they have been presented to the Court, justify the ordering (“indication”) of provisional measures to protect rights under the Genocide Convention which are at risk of being violated before the decision on the merits is rendered. For this examination, the Court need not address many well-known and controversial questions, such as those relating to the right to self-defence and the right of self-determination of peoples, or regarding territorial status. The Court must remain conscious that the Genocide Convention is not designed to regulate armed conflicts as such, even if they are conducted with an excessive use of force and result in mass casualties.

6. The limited scope of the present phase of the proceeding requires a summary assessment by the Court of certain widely divergent claims by the Parties. It is regrettable how much the Parties talked past each other during the oral proceedings. South Africa hardly mentioned the attack of 7 October 2023 and the ensuing massacre; Israel barely mentioned the United Nations reports on the humanitarian situation in the Gaza Strip. South Africa hardly mentioned the efforts by Israel to evacuate the civilian population from areas of hostilities; Israel did not satisfactorily address highly problematic forms of speech by some of its officials, including members of its military.

7. Facing the widely divergent presentations of the Parties, the Court needs to apply the existing legal standards. The present case is not the first in which a State has asked the Court to indicate provisional measures based on the Genocide Convention. The Court has already indicated such measures more than once, including in 2020 in the case between The Gambia and Myanmar. As extraordinary as the present case may be, the Court has the means to deal with it: its own jurisprudence. The present Order applies the standards developed in that jurisprudence, without, however, identifying relevant differences between this case and previous cases before the Court and specifying the relative importance of certain factors. I therefore wish to explain why I voted in favour of the Order.

8. It is important to bear in mind that “the essential characteristic of genocide”, distinguishing it from other criminal acts (e.g. crimes against humanity and war crimes), is the existence of an “intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such”. The Court has established a high threshold for the definite determination of genocidal intent at the stage of the merits. In the absence of a “general plan to this effect”, the “intent to destroy, in whole or in part, a protected group” can only be inferred from “a pattern of conduct” if this is the “only reasonable inference that can be drawn” therefrom.

9. At this stage of the proceedings, the Court is not called upon to determine definitively whether there have been violations of the rights under the Genocide Convention which South Africa


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10 THE LADY'S

birth, and will produce quite a sensation. As for the rest meet me at Philippi,"" and he lounged laughing out of the room.

Isabel was now dying of curiosity to learn who this stranger might be -she made enquiries who had come to the city, and thought it singular that she had not met this new beauty. But the very day of the ball she heard that the Hon. Mr. Worthington and his sister Lady Emily Worthington had arrived in the city, and, as she had heard her brother speak of knowing this gentleman in Europe, she concluded the sister was to be her brother's partner that evening. Her suspicion was strengthened by the knowing look her brother put on when she alluded to the subject at the dinner table.

That night the ball-room was in a buzz for the arrival of the two distinguished strangers. At length they appeared, the brother and Alfred Melville attending the sister, whose extraordinary beauty and the richness of whose dress attracted the mingled envy and admiration of our sex. The Hon. Mr. Worthington was introduced in form, but, what was singular, the sister was presented by her christian name alone. However, at the time, this was not noticed ; and all strove to make the acquaintance of so magnificent a creature, whose affability equalled her beauty. Among the foremost to pay court to the stranger was Isabel Melville, who never ceased in her praises, and, as her word was the law of a large set of fashionables, the Lady Emily became, before the evening closed, the acknowledged idol. Without exaggeration we may say, never had so brilliant a creature appeared in Cincinnati.

"How could you deceive me so," said Emily reproachfully, when Alfred took his seat by her in the carriage, after the ball was over, " you know I consented to do no more than go with you and dress as you pleased, and you know I did both unwillingly. But I never dreamed of this imposition-indeed, indeed, you have gone too far," and she burst into tears, covering her face with her hands.

Dear Emily," said Alfred, " forgive me, or at least hear my story." He then related his sister's character, and the plot he had formed, continuing thus, "It was only yesterday that my friend Worthington came to Cincinnati. We were bosom friends in London, and I knew he would aid me in any thing. It struck me that, if I could present you as his sister, my triumph over Isabel would be complete. He entered heartily into the plot. It was kept secret from you however; and you see how we have succeeded. I will take all the blame on myself. And now will you not forgive me for this innocent trick?"

When did lover, pleading eloquently, plead in vain? Much as Emily disapproved of the deception, she saw no course now but to submit to circumstances and award forgiveness to her lover.

"What a perfect beauty-what an angelic face!" were the exclamations of Isabel next morning at the breakfast table, " how sweet the manners of Lady Emily with what a distinguished air she moves and talks--oh! I am in raptures with her."

" And you really think her lady-like?"

"A perfect princess."

"And beautiful?"

"Why how you talk! -beautiful as Diana."

"And finished in manners."

"A very paragon."

Do you think you could love her, especially as a sister-in-law?"

"Oh! of all things -but surely you jest."

"Not at all, my sweet sis-I am going to marry her."

"And it is true? Now, do you know, in spite of all your levelling doctrines, I said you'd never marry any body but a lady of rank ? -for they only have those graces which are inborn and come from blood. How magnificently she was dressed!"

"Are you quite sure though that the dress had nothing to do with her beauty?"

"Oh! she would have looked the lady in any thing. I have a quick eye for high birth."

" And yet," said Alfred, with that old provokingly quiet smile, " do you know, my good sis, that this Lady Emily was one day seen walking with me, and that you called her, simply from her dress (which I admit was old fashioned and not very pretty) an outlandish antediluvian ? In short, do you know that the Lady Emily, and Miss Payne, the milliner, are one and the same person?"

Isabel let fall her coffee cup, and stared incredulously at her brother. His quiet smile assured her that he spoke the truth, and, at first, she was disposed to be angry ; but remembering that she had committed herself in favor of her brother's partner, and perceiving how very ridiculous anger would be under the circumstances, she said,

"Well, Alfred, you have outwitted me for once. Your betrothed is certainly beautiful, accomplished, and very lady-like-what a pity she is not really Mr. Worthington's sister."

"Her birth is noble, however, if that will quiet your scruples, sis ; for her grandfather was a baron of the realm. But now own how great a difference dress makes in personal appearance, and don't say hereafter that you have a peculiarly quick eye to discern high birth.”

Isabel, on a closer acquaintance with her new sister -for Alfred led Emily to the altar immediately afterward-found no cause to change the opinion she had formed on their first interview. And through the influence of her brother and his lovely wife she soon learned to discard altogether her ridiculous notions respecting rank.


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14

Mr. President and Fellow-citizens of New York: The facts with which I shall deal this evening are mainly old and familiar ; nor is there anything new in the general use I shall make of them. If there shall be any novelty, it will be in the mode of presenting the facts, and the in- ferences and observations following that pres- entation. In his speech last autumn at Colum- bus, Ohio, as reported in the New York Times, Senator Douglas said :

I fully indorse this, and I adopt it as a text for this discourse. I so adopt it because it fur- nishes a precise and an agreed starting-point for a discussion between Republicans and that wing of the Democracy headed by Senator Douglas. It simply leaves the inquiry : What was the understanding those fathers had of the question mentioned ?

What is the frame of government under which we live? The answer must be, "The Constitu- tion of the United States." That Constitution consists of the original, framed in 1787, and under which the present government first went into operation, and twelve subsequently framed amendments, the first ten of which were framed in 1789.

Who were our fathers that framed the Con- stitution? I suppose the "thirty-nine" who


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WORLD OF FASHION. MEETING OF THE YEARS.

BY LYDIA JANE PIERSON. I SAW them meet, the old year and the new In ærial pomp beside my wild wood home. Night lay upon the forest, cold and still, Like hope upon my pathway. The bright moon Pour'd from her silver bowl a flood of light Upon earth's ermine robe of drifted snow, O'er which innumerable diamonds flash'd, Dazzling my weary eye with piercing gleams, Shifting and quivering, even amid the gloom Of the dark foliage of the noble pines That border the bright hill-side. Lo! a sound Of spirit pinions passing to and fro, Among the moving branches, while the trees Majestically bow'd their plumy heads Unto the airy ministers of heaven, Whose voices blend in a mysterious hymn Of liquid melody, that fills the night With wordless worship to the living God; Worship far more appropriate and pure Than all the studied harmony of words That man has mind to frame, or voice to chaunt. Flashing like ice-drops in the morning beam, A group of glorious creatures swept along. First one of lofty and majestic mien, And strange and dreamy beauty, which the eye Could gaze upon forever and not tire. Her foot upon the snow-drift left no print And waked no echo, silently and swift She moved, like a bright dream, all unadorn'd Save her own heavenly beauty. In one hand She held the seal of fate and key to heaven; The other grasp'd a sceptre of strange power, The touch of which changes all things on earth, And writes on all life's glories Vanity. I knew the silent angel, she is Time The eldest daughter of Eternity, Immortal youth and chastity are hers ; Though all mankind with ardent sighs and tears Pour out their prayers before her, every one Beseeching her to stay and be his own, She passes on unheeding. At her side With measured solemn pace and weary air A fair etherial creature held her way, Her feet were stain'd with blood, and her dark locks Were thickly gemm'd with tears, and deep sad sighs Were breathing round her like the atmosphere Which the green nightshade gathers round its bower. Her ample robe which had been purely white Was written o'er with myriad tales of sin, And dark deceit, and suffering, and woe. While glittering here and there like radiant gems Amid the dross and blackness of the mine Worthy and generous deeds were chronicled, And penitential tears were sprinkled o'er In beautiful relief to the dark lines That spake of shame, and wrong. She bore a vase Fill'd with sweet faded flowers which she had torn From many a bleeding stem. Hark! A deep peal Startled the dreaming midnight, and a sigh Heaved the dark bosoms of the solemn wood, And died in cold dark silence. Lo! a sound, And a young regal spirit was display'd In robes of glistening white. A radiant smile Play'd o'er her features, like the morning beam Upon the robe of May. Her right hand bore A dewy cluster of the richest balm That ever grew on Gilead. But a sword, Keen as the quivering lightning, graced her left. 64"Sister!" she cried, as the old year advanced, "God calls thee to thy rest. I come to bring Healing unto the wounds that thou hast made, And to inflict others as dread and deep." They joined their hands a moment, while the winds Paused on their moonlight pinions. Then young Hope Came with her magic smile, and golden curls, Gemm'd with sweet dewy buds from the wild rose ; Her silver lute was perfectly in tune, And warbled symphony to all her songs Of soul enthralling promise. Gracefully She led the welcome New Year. But I saw Time walking still beside them, unperceived By those who revel'd in their joyousness. The old year dropp'd the pale flowers from her grasp; Gather'd her robe of record round her form, And the pavilion of eternity Enclosed her in its misty drapery, And she was gone forever. Then remained Of all the pageant of that midnight chime One pensive angel, with bright fragrant tears Upon her smiling beauty. Carefully She gather'd from the snow those scatter'd flowers, Wreath'd them in garlands for her breast and brow, And sung such sweet sad legends of their bloom, Mingling their incense with her tuneful song, That the pent waters of my swoln heart gushed And flowed in cooling drops o'er all the wounds That burned within my bosom. Memory! How kind thou art, thus to preserve life's flowers, And soothe the mourning spirit with thy hymn When years have past, and Hope sped gaily by To dwell with young glad hearts.

RACHEL.

I CANNOT paint thee as thou art to meA being luminous with heavenly truth, Gentle, retiring, mild as patient Ruth, A seraph sent to teach us how to be: F Oh! in thy face such purity I see, That I am minded of a quiet nook, With snowy lilies sleeping on the brook, And leaves of summer rustling pleasantly : And yet within thy modest bosom lies Stern resolution for the right to act ; No sophistry can e'er thy heart mislead ; Silent thou art, but with a soul compact, Enduring, strong for every noble deed, And Home and Heaven are in thy meek blue eyes!

C.


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 1860] at cooper union

15

signed the original instrument may be fairly called our fathers who framed that part of the present government. It is almost exactly true to say they framed it, and it is altogether true to say they fairly represented the opinion and senti- ment of the whole nation at that time. Their names, being familiar to nearly all, and accessible to quite all, need not now be repeated.

I take these "thirty-nine," for the present, as being "our fathers who framed the government under which we live." What is the question which, according to the text, those fathers under- stood "just as well, and even better, than we do now" ?

It is this : Does the proper division of local from Federal authority, or anything in the Con- stitution, forbid our Federal Government to con- trol as to slavery in our Federal Territories?

Upon this, Senator Douglas holds the affirma- tive, and Republicans the negative. This affirma- tion and denial form an issue; and this issue — this question — is precisely what the text declares our fathers understood "better than we." Let us now inquire whether the "thirty-nine," or any of them, ever acted upon this question ; and if they did, how they acted upon it — how they ex- pressed that better understanding. In 1784, three years before the Constitution, the United States then owning the Northwestern Territory, and no other, the Congress of the Confederation had before them the question of prohibiting slavery in that Territory ;* and four of the "thirty-nine" who afterward framed the Con- stitution were in that Congress, and voted

hibited slavery after 1800 above the parallel of 31° north latitude. It failed to pass by one vote.
 * The bill was reported by Thomas Jefferson. It pro-


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 wishes to see protected, but only whether these rights are “plausible” and whether there is a “real and imminent risk of irreparable injury” to them before the Court renders its judgment on the merits.

10. The jurisprudence of the Court is not entirely clear as to what “plausibility” entails. Recent jurisprudence suggests that any request for the indication of provisional measures must provide some level of evidence supporting its allegations, including indications for the presence of any essential mental elements. In the present Order, the Court has noted the importance of the specific genocidal intent without, however, specifying its plausibility in the present case (see paragraphs 44 and 78).

11. Given the crucial role of genocidal intent for rights under the Genocide Convention and for the distinction between genocidal acts and other criminal acts, the plausibility of this mental element is, in my view, indispensable at the provisional measures stage of proceedings involving allegations of genocide. This is confirmed by the Court’s Order of 23 January 2020 in The Gambia v. Myanmar. It is true that the Court stated in paragraph 56 of that Order that

"“[i]n view of the function of provisional measures, which is to protect the respective rights of either party pending its final decision, the Court does not consider that the exceptional gravity of the allegations is a decisive factor warranting, as argued by Myanmar, the determination, at the present stage of the proceedings, of the existence of a genocidal intent. In the Court’s view, all the facts and circumstances mentioned above (see paragraphs 53-55) are sufficient to conclude that the rights … are plausible.”"

12. However, this does not preclude that such intent must be shown to be plausible under the circumstances. Indeed, the same paragraph 56 confirms that the Order must be read as being based on the facts and circumstances referred to in the preceding paragraphs. There, the Court considered detailed reports by the Independent International Fact-Finding Mission on Myanmar. Each of these reports examines at length—and eventually declares plausible—the existence of genocidal intent. In paragraph 55 of the above-mentioned Order, the Court explicitly takes note of the conclusion drawn in the reports that “on reasonable grounds … the factors allowing the inference of genocidal intent [were] present”. It was based on these findings regarding genocidal intent that the Court considered the rights under the Genocide Convention to be plausible. The Order of 23 January 2020


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on that question. Of these, Roger Sherman, Thomas Mifflin, and Hugh Williamson voted for the prohibition, thus showing that, in their under- standing, no line dividing local from Federal authority, nor anything else, properly forbade the Federal Government to control as to slavery in Federal territory. The other of the four, James McHenry, voted against the prohibition, showing that for some cause he thought it im- proper to vote for it.

In 1787, still before the Constitution, but while the convention was in session framing it, and while the Northwestern Territory still was the only Territory owned by the United States, the same question of prohibiting slavery in the Territory again came before the Congress of, the Confederation ; and two more of the "thirty- nine" who afterward signed the Constitution were in that Congress, and voted on the ques- tion. They were William Blount and William Few ; and they both voted for the prohibition — thus showing that in their understanding no line dividing local from Federal authority, nor any- thing else, properly forbade the Federal Govern- ment to control as to slavery in Federal territory. This time the prohibition became a law, being part of what is now well known as the ordinance of '87.

The question of Federal control of slavery in the Territories seems not to have been directly before the convention which framed the original Constitution ; and hence it is not recorded that the "thirty-nine," or any of them, while engaged on that instrument, expressed any opinion on that precise question.

In 1789, by the first Congress which sat under


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the Constitution, an act was passed to enforce the ordinance of '87, including the prohibition of slavery in the Northwestern Territory. The bill for this act was reported by one of the "thirty-nine" — Thomas Fitzsimmons, then a member of the House of Representatives from Pennsylvania. It went through all its stages with- out a word of opposition, and finally passed both branches without ayes and nays, which is equiv- alent to a unanimous passage. In this Congress there were sixteen of the thirty-nine fathers who framed the original Constitution. They were John Langdon, Nicholas Oilman, Wm. S. John- son, Roger Sherman, Robert Morris, Thos. Fitzsimmons, William Few, Abraham Baldwin, Rufus King, William Pater son, George Clymer, Richard Bassett, George Read, Pierce Butler, Daniel Carroll, and James Madison.

This shows that, in their understanding, no line dividing local from Federal authority, nor any- thing in the Constitution, properly forbade Con- gress to prohibit slavery in the Federal territory ; else both their fidelity to correct principle, and their oath to support the Constitution, would have constrained them to oppose the prohibition.

Again, George Washington, another of the "thirty-nine," was then President of the United States, and as such approved and signed the bill, thus completing its validity as a law, and thus showing that, in his understanding, no line divid- ing local from Federal authority, nor anything in the Constitution, forbade the Federal Govern- ment to control as to slavery in Federal territory.

No great while after the adoption of the original Constitution, North Carolina ceded to the Federal Goyernment the country now con-


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THE LADY'S

12

LUCY WYNNE; OR, RUSTIC FELICITY AND FASHIONABLE MISERY.

BY J. AUSTIN SPERRY.

CHAPTER I.

THE term fashion is merely the elite synonyma of display, and near a city every object is indelibly and universally stamped with it. What in its original beauty the Great Author sealed Nature, the art of man contorts into a second edition marked Fashion. Modesty is not the germ of a court, and if by accident it blooms among the weeds of fashion, it becomes by the contrast an eccentricity-it is turned into ridicule by the congregation of arrogance around it, in which vanity struggles to out-brazen vanity. Devoid of modesty, the fashionable man of the city is only happy when prominent : and like the man are his works. If you would seek his mansion, you must raise your eyes to where it frowns upon the hill-top, or towers up from the lowland to a height that is immoderately disproportioned to its base, as if its aspiring chimneys were endeavoring to overreach the more elevated situation of its neighbors. And strange, that the monuments of his pride should so reflect upon his silly vanity, that where by his works he has most labored to show his superiority his insignificance should become most apparent. For amidst all his gaudy grandeur, is not the plotting denizen of the city less noble than the rustic who dwells and meditates honestly with nature in her plainest garb : or can the one, who revels in the artificial haunts of luxury and vice, enjoy a tithe of the happiness of the other, who sits at feasts of the Omnipotent's preparation, and pledges Heaven in the pure nectar of the forest fountain ? Ere he interrogation is answered, permit us to make a narration.

It was near the midnight hour of a still November night, that a light still glimmered from the windows of cottage, whose plain walls were modestly half concealed in a locust grove, at the extremity of a romantic vale in Western Virginia. A lone female, and handsome, though rather beyond the meridian of life, kept vigil by the fire-side, within a small and rudely, but comfortably furnished room. The Holy Book was open upon her knee, and she was poring over the sacred pages like one engaged in seeking provision for her spiritual necessities ; but as at intervals a stirring of the air without would awake the midnight stillness to a whisper, she would start-erect her bowed form and lean her head in a listening attitude, which betrayed there was something of earth not wholly banished her bosom.

She was a mother; and closely enshrouded in a bed that graced the room, slumbered her charge, a light-haired boy. The child stirred, and, as if the day's sport lingered in his dreams, dashed the bed-clothes from his slender form, and laughed aloud. The mother approached the bed, re-composed the disturbed covering about the boy's frame, kissed his unconscious cheek, and then, startled by the sound of horses' feet without, turned, with an eager smile, to the door. In another moment she was clasped in a husband's arms. After the mutual congratulations and endearments of the meeting were over, the wife spread a slight, not inelegant repast, and while the travel-wearied man refreshed himself he rehearsed what he had seen in his absence.

He had been in New York some weeks endeavoring to secure a small claim of which some heartless worlding had attempted to defraud him. Tardy justice had awarded him his due, and that was a source of gratification to both-not that they needed or prized the "lucre," for their little farm afforded them an easy living, and they were not of a discontented disposition: but they possessed no little moiety of parental pride: they had formed large plans to educate and start their boy in the world. And as the father spoke of his success, he glanced toward the bed as if he would fain have embraced the child.

"He sleeps," said the mother in a suppressed tone, as if she feared to disturb the little slumberer ; and the father resumed his narration. The few weeks he had spent in the North had been peculiarly marked by the boisterous spirit of political excitement. He described the nocturnal meetings and the torch light processions; the endless arrays of mottoed transparencies, and the thousands of voices that shouted response to the words of impassioned orators.

The child roused by the familiar voice, slipped from the bed and crouched his slight form, silently and unobserved, by the father's side. With an eager ear did he drink in the glowing descriptions, which, although he scarcely comprehended them, conveyed to his delighted imagination an idea of something greatly wonderfulsomething that made his little heart leap wild, with an indistinct anticipation of sometime mingling in these glorious scenes himself-glorious, because novelty and pageantry constitute the Eden of a childish fancy. At length as he became more excited by the picture, he laid his hand upon his fathers arm, who, for the first time conscious of his presence, regarded a moment in mute surprise the tiny wonder-wrapped features that were upturned to his, and then clasped the little one fondly to his heart in an embrace of parental love. He little imagined, however, that his words had made an impression upon that young mind which would only be dissipated by the sad reality of future experience. But it was so ! The slightest circumstance in childhood has often fixed the colors of an after life, and from that moment, a dream of ambition filled the boy's breast at first only manifested in a longing for the empty


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stituting the State of Tennessee; and a few years later Georgia ceded that which now constitutes the States of Mississippi and Alabama. In both deeds of cession it was made a condition by the ceding States that the Federal Government should not prohibit slavery in the ceded country. Besides this, slavery was then actually in the ceded country. Under these circumstances, Congress, on taking charge of these countries, did not absolutely prohibit slavery within them. But they did interfere with it — take control of it — even there, to a certain extent. In 1798 Congress organized the Territory of Mississippi. In the act of organization they prohibited the bringing of slaves into the Territory from any place without the United States, by fine, and giv- ing freedom to slaves so brought. This act passed both branches of Congress without yeas and nays. In that Congress were three of the "thirty-nine" who framed the original Consti- tution. They were John Langdon, George Read, and Abraham Baldwin. They all probably voted for it. Certainly they would have placed their opposition to it upon record if, in their under- standing, any line dividing local from Federal authority, or anything in the Constitution, prop- erly forbade the Federal Government to control as to slavery in Federal territory.

In 1803 the Federal Government purchased the Louisiana country. Our former territorial acquisitions came from certain of our own States ; but this Louisiana country was acquired from a foreign nation. In 1804 Congress gave a territorial organization to that part of it which

in 1790; that by Georgia in 1798.
 * The cession by North Carolina was accepted by Congress


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 W.H.Bartlett

World Sada's the maxwas

WYOMING OF VALLEY INTO DESCENT THE


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now constitutes the State of Louisiana. New Orleans, lying within that part, was an old and comparatively large city. There were other con- siderable towns and settlements, and slavery was extensively and thoroughly intermingled with the people. Congress did not, in the Territorial Act, prohibit slavery; but they did interfere with it — take control of it — in a more marked and ex- tensive way than they did in the case of Mississ- ippi. The substance of the provision therein made in relation to slaves was :

1st. That no slave should be imported into the Territory from foreign parts.

2d. That no slave should be carried into it who had been imported into the United States since the first day of May, 1798.

3d. That no slave should be carried into it, except by the owner, and for his own use as a settler; the penalty in all the cases being a fine upon the violator of the law, and freedom to the slave.

This act also was passed without ayes or nays. In the Congress which passed it there were two of the "thirty-nine." They were Abraham Bald- win and Jonathan Dayton. As stated in the case of Mississippi, it is probable they both voted for it. They would not have allowed it to pass without recording their opposition to it if, in their understanding, it violated either the line properly dividing local from Federal authority, or any provision of the Constitution.

In 1819-20 came and passed the Missouri question. Many votes were taken, by yeas and nays, in both branches of Congress, upon the various phases of the general question. Two of the "thirty-nine" — Rufus King and Charles


text: The Return of the Soldier (Van Druten)/Act III


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 thus confirms that the existence of genocidal intent must be plausible for the indication of provisional measures based on the Genocide Convention.

13. Bearing these considerations in mind, I am not persuaded that South Africa has plausibly shown that the military operation undertaken by Israel, as such, is being pursued with genocidal intent. The evidence provided by South Africa regarding the Israeli military operation differs fundamentally from that contained in the reports by the United Nations fact-finding mission on Myanmar’s so-called “clearance operation” in 2016 and 2017 which led the Court to adopt its Order of 23 January 2020 in The Gambia v. Myanmar. These reports provided detailed indications of the involvement of military and security forces in atrocities committed against the Rohingya group. Having considered various other possible inferences from the available information, in particular security considerations, the report found that “[t]he actions of those who orchestrated the attacks on the Rohingya read as a veritable check-list [of genocidal intent]”, concluding “on reasonable grounds, that the factors allowing the inference of genocidal intent are present”. Based on this information, the Court considered that, under the circumstances, the rights of the Rohingya group deriving from Article II (a) to (d) of the Genocide Convention, as alleged by The Gambia, were plausible.

14. The information provided by South Africa regarding Israel’s military operation is not comparable to the evidence before the Court in The Gambia v. Myanmar in 2020. While the Applicant cannot now be expected to provide the Court with detailed reports of an international fact-finding mission, it is not sufficient for South Africa to point to the terrible death and destruction that Israel’s military operation has brought about and is continuing to bring about. The Applicant must be expected to engage not only with the stated purpose of the operation, namely to “destroy Hamas” and to liberate the hostages, but also with other manifest circumstances, such as the calls to the civilian population to evacuate, an official policy and orders to soldiers not to target civilians, the way in which the opposing forces are confronting each other on the ground, as well as the enabling of the delivery of a certain amount of humanitarian aid, all of which may give rise to other plausible inferences from an alleged “pattern of conduct” than genocidal intent. Rather, these measures by Israel, while not conclusive, make it at least plausible that its military operation is not being conducted with genocidal intent. South Africa has not called these underlying circumstances into question and has, in my view, not sufficiently engaged with their implications for the plausibility of the rights of Palestinians in the Gaza Strip deriving from the Genocide Convention.

15. Even though I do not find it plausible that the military operation is being conducted with genocidal intent, I voted in favour of the measures indicated by the Court. To indicate those measures, it is not necessary for the Court to find that the military operation as such implicates plausible rights of Palestinians in the Gaza Strip. My decision to vote in favour of the measures indicated rests on the plausible claim by South Africa that certain statements by Israeli State officials, including members of its military, give rise to a real and imminent risk of irreparable prejudice to the rights of Palestinians under the Genocide Convention (see paragraphs 50-52 of the Order). At the present stage of the proceedings, it is not necessary to determine whether such statements should be characterized as acts of “[d]irect and public incitement to commit genocide” within the meaning of Article III (c) of the Genocide Convention. It is true that some of these statements can be read as referring exclusively to Hamas and other armed groups in the Gaza Strip. However, these statements are at least highly ambiguous in their use of dehumanizing and indiscriminate language against Palestinians in the Gaza Strip as a group. Since they were made by high-ranking officials, who thereby also


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Pinckney — were members of that Congress. Mr. King steadily voted for slavery prohibition and against all compromises, while Mr. Pinckney as steadily voted against slavery prohibition and against all compromises. By this, Air. King showed that, in his understanding, no line dividing local from Federal authority, nor anything in the Constitution, was violated by Congress prohibiting slavery in Federal territory ; while Mr. Pinckney, by his votes, showed that, in his understanding, there was some sufficient reason for opposing such prohibition in that case.

The cases I have mentioned are the only acts of the "thirty-nine," or of any of them, upon the direct issue, which I have been able to dis- cover.

To enumerate the persons who thus acted as being four in 1784, two in 1787, seventeen in 1789, three in 1798, two in 1804, and two in 1819-20, there would be thirty of them. But this would be counting John Langdon, Roger Sherman, William Few, Rufus King, and George Read each twice, and Abraham Baldwin three times. The true number of those of the "thirty- nine" whom I have shown to have acted upon the question which, by the text, they understood better than we, is twenty-three, leaving sixteen not shown to have acted upon it in any way.

Here, then, we have twenty-three out of our thirty-nine fathers "who framed the government under which we live," who have, upon their official responsibility and their corporal oaths, acted upon the very question which the text affirms they "understood just as well, and even better, than we do now" ; and twenty-one of them — a clear majority of the whole "thirty-


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nine" — so acting upon it as to make them guilty of gross political impropriety and wilful perjury if, in their understanding, any proper division between local and Federal authority, or anything in the Constitution they had made themselves, and sworn to support, forbade the Federal Gov- ernment to control as to slavery in the Federal Territories. Thus the twenty-one acted ; and, as actions speak louder than words, so actions under such responsibility speak still louder.

Two of the twenty-three voted against con- gressional prohibition of slavery in the Federal Territories, in the instances in which they acted upon the question. But for what reasons they so voted is not known. They may have done so because they thought a proper division of local from Federal authority, or some provision or principle of the Constitution, stood in the way; or they may, without any such question, have voted against the prohibition on what appeared to them to be sufficient grounds of expediency. No one who has sworn to support the Constitu- tion can conscientiously vote for what he under- stands to be an unconstitutional measure, how- ever expedient he may think it ; but one may and ought to vote against a measure which he deems constitutional if, at the same time, he deems it inexpedient. It, therefore, would be unsafe to set down even the two who voted against the prohibition as having done so because, in their understanding, any proper division of local from Federal authority, or anything in the Constitu- tion, forbade the Federal Government to control as to slavery in Federal territory.

The remaining sixteen of the "thirty-nine," so far as I have discovered, have left no record of


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their understanding upon the direct question of Federal control of slavery in the Federal Ter- ritories. But there is much reason to believe that their understanding upon that question would not have appeared different from that of their twenty-three compeers, had it been mani- fested at all.

For the purpose of adhering rigidly to the text, I have purposely omitted whatever understand- ing may have been manifested by any person, however distinguished, other than the thirty-nine fathers who framed the original Constitution ; and, for the same reason, I have also omitted whatever understanding may have been mani- fested by any of the "thirty-nine" even on any other phase of the general question of slavery. If we should look into their acts and declara- tions on those other phases, as the foreign slave- trade, and the morality and policy of slavery generally, it would appear to us that on the direct question of Federal control of slavery in Federal Territories, the sixteen, if they had acted at all, would probably have acted just as the twenty- three did. Among that sixteen were several of the most noted antislavery men of those times, — as Dr. Franklin, Alexander Hamilton, and Gou- verneur Morris, — while there was not one now known to have been otherwise, unless it may be John Rutledge, of South Carolina.

The sum of the whole is that of our thirty-nine fathers who framed the original Constitution, twenty-one — a clear majority of the whole — cer- tainly understood that no proper division of local from Federal authority, nor any part of the Con- stitution, forbade the Federal Government to control slavery in the Federal Territories ; while


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23

all the rest had probably the same understanding. Such, unquestionably, was the understanding of our fathers who framed the original Constitu- tion; and the text affirms that they understood the question "better than we."

But, so far, I have been considering the under- standing of the question manifested by the framers of the original Constitution. In and by the original instrument, a mode was provided for amending it ; and, as I have already stated, the present frame of "the government under which we live" consists of that original, and twelve amendatory articles framed and adopted since. Those who now insist that Federal control of slavery in Federal Territories violates the Con- stitution, point us to the provisions which they suppose it thus violates ; and, as I understand, they all fix upon provisions in these amendatory articles, and not in the original instrument. The Supreme Court, in the Dred Scott case, plant themselves upon the fifth amendment, which pro- vides that no person shall be deprived of "life, liberty, or property without due process of law" ; while Senator Douglas and his peculiar adherents plant themselves upon the tenth amendment, pro- viding that "the powers not delegated to the United States by the Constitution" "are reserved to the States respectively, or to the people."

Now, it so happens that these amendments were framed by the first Congress which sat under the Constitution — the identical Congress which passed the act, already mentioned, enforcing the prohibition of slavery in the Northwestern Ter- ritory. Not only was it the same Congress, but they were the identical, same individual men who, at the same session, and at the same time within


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the session, had under consideration, and in prog- ress toward maturity, these constitutional amend- ments, and this act prohibiting slavery in all the territory the nation then owned. The constitu- tional amendments were introduced before, and passed after, the act enforcing the ordinance of '87; so that, during the whole pendency of the act to enforce the ordinance, the constitutional amendments were also pending.

The seventy-six members of that Congress, in- cluding sixteen of the framers of the original Constitution, as before stated, were preeminently our fathers who framed that part of "the gov- ernment under which we live" which is now claimed as forbidding the Federal Government to control slavery in the Federal Territories.

Is it not a little presumptuous in any one at this day to affirm that the two things which that Congress deliberately framed, and carried to ma- turity at the same time, are absolutely incon- sistent with each other? And does not such affirmation become impudently absurd when coupled with the other affirmation, from the same mouth, that those who did the two things alleged to be inconsistent, understood whether they really were inconsistent better than we — better than he who affirms that they are inconsistent?

It is surely safe to assume that the thirty-nine framers of the original Constitution, and the seventy-six members of the Congress which framed the amendments thereto, taken together, do certainly include those who may be fairly called "our fathers who framed the government under which we live." And so assuming, I defy any man to show that any one of them ever, in his whole life, declared that, in his understand-


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ing, any proper division of local from Federal authority, or any part of the Constitution, for- bade the Federal Government to control as to slavery in the Federal Territories. I go a step further. I defy any one to show that any living man in the whole world ever did, prior to the be- ginning of the present century (and I might al- most say prior to the beginning of the last half of the present century), declare that, in his under- standing, any proper division of local from Fed- eral authority, or any part of the Constitution, forbade the Federal Government to control as to slavery in the Federal Territories, To those who now so declare I give not only "our fathers who framed the government under which we live," but with them all other living men within the century in which it was framed, among whom to search, and they shall not be able to find the evidence of a single man agreeing with them.

Now, and here, let me guard a little against being misunderstood. I do not mean to say we are bound to follow implicitly in whatever our fathers did. To do so would be to discard all the lights of current experience — to reject all progress, all improvement. What I do say is that if we would supplant the opinions and policy of our fathers in any case, we should do so upon evidence so conclusive, and argument so clear, that even their great authority, fairly considered and weigh, cannot stand; and most surely not in a case whereof we ourselves declare they understood the question better than we.

If any man at this day sincerely believes that a proper division of local from Federal authority, or any part of the Constitution, forbids the Fed-


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eral Government to control as to slavery in the Federal Territories, he is right to say so, and to enforce his position by all truthful evidence and fair argument which he can. But he has no right to mislead others who have less access to history, and less leisure to study it, into the false belief that "our fathers who framed the govern- ment under which we live" were of the same opinion — thus substituting falsehood and decep- tion for truthful evidence and fair argument. If any man at this day sincerely believes "our fathers who framed the government under which we live" used and applied principles, in other cases, which ought to have led them to under- stand that a proper division of local from Federal authority, or some part of the Constitution, for- bids the Federal Government to control as to slavery in the Federal Territories, he is right to say so. But he should, at the same time, brave the responsibility of declaring that, in his opinion, he unclerstands their principles better than they did themselves ; and especially should he not shirk that responsibility by asserting that they "under- stood the question just as well, and even better, than we do now."

But enough ! Let all who believe that "our fathers who framed the government under which we live understood this question just as well, and even better, than we do now," speak as they spoke, and act as they acted upon it. This is all Republicans ask — all Republicans desire — in rela- tion to slavery. As those fathers marked it, so let it be again marked, as an evil not to be ex- tended, but to be tolerated and protected only because of and so far as its actual presence among us makes that toleration and protection a neces-


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sity. Let all the guaranties those fathers gave it be not grudgingly, but fully and fairly, main- tained. For this Republicans contend, and with this, so far as I know or believe, they will be content.

And now, if they would listen, — as I suppose they will not, — I would address a few words to the Southern people.

I would say to them : You consider yourselves a reasonable and a just people; and I consider that in the general qualities of reason and justice you are not inferior to any other people. Still, when you speak of us Republicans, you do so only to denounce us as reptiles, or, at the best, as no better than outlaws. You will grant a hearing to pirates and murderers, but nothing like it to "Black Republicans." In all your con- tentions with one another, each of you deems an unconditional condemnation of "Black Re- publicanism" as the first thing to be attended to. Indeed, such condemnation of us seems to be an indispensable prerequisite — license, so to speak — among you to be admitted or permitted to speak at all. Now can you or not be prevailed upon to pause and to consider whether this is quite just to us, or even to yourselves? Bring forward your charges and specifications, and then be pa- tient long enough to hear us deny or justify.

You say we are sectional. We deny it. That makes an issue ; and the burden of proof is upon you. You produce your proof; and what is it? Why, that our party has no existence in your section — gets no votes in your section. The fact is substantially true ; but does it prove the issue ? If it does, then in case we should, without change of principle, begin to get votes in your section, we