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Rh
 * Islands: voyage of Inca Tupac Yupanqui to, 93, 184, 185; two islands called Hahua-chumpi and Nina-chumpi, 184
 * Garcia, Gregorio de: in possession of the manuscript of Betanzos, 4
 * Garcia de Melo : sent the first asparagus to Cuzco, 267
 * Garcilasso de la Vega (the father): married to an Inca princess, 260; his noble lineage, 261; birth and early career, 261, 262; came to Peru with Alvarado, war services, settled at Cuzco, 262; position of his house at Cuzco, 263; flight from Cuzco, at the battle of Huarina, 269; flight from Giron's rebellion, 272; return to Cuzco, 273; his estates, 273; founded a hospital for Indians, 273; kindness to sons of Pedro del Barco, 273; illness and death, 274, 275
 * Garcilasso Inca de la Vega: author's translation of the first part of his Royal Commentaries, x n.; quotes Acosta, 9; on Tiahuanacu, 29; calls himself an Antarctic Indian, 31; account of Inca buildings in the fortress of Cuzco, 32; meaning of names of Ayars, 51, 53; sayings of Incas acknowledging a Supreme Being, 103; denied human sacrifices, 109; version of the Paccari-tampu myth, 140; experience of native medicines, 158, 268; on Inca invasions of the coast, 223, 238; birth and early recollections, 263 ; his relations at Cuzco, 264; school life, 264–8; an excellent topographer, 268; in cane tournaments, 268 ; house attacked, 269; goes out to meet his father, 270; kindness of Gonzalo Pizarro to, 270; learning Inca lore from his mother's relations, and the way to count the quipus, 271; adventures on the breaking out of Giron's rebellion, 272; his father's agent and secretary, 273; interview with Sayri Tupac, 274; takes leave of Polo de Ondegardo, who shows him Inca mummies, 275; goes to Spain, 275; coldly received, restitution refused, 276; captain in the Morisco war, 276; literary work, 277; MS. on the Vargas family, settled at Cordova, 277; account of his 'Commentarios Reales,' 278; obtained the MSS. of Valera, 279; quotations from other authors, 279; value of the Commentaries, 280; visit of an old schoolfellow, 280, 281; agent to his mother's relations, 281; his will, 282; legacies to his servants, 283; purchase of a mortuary chapel in Cordova Cathedral, 283; death, 283; buried at Cordova, in his chapel, 283; epitaph, 284; used the word Aymara for the language once, 315
 * Garlands. See Ccuri Vincha
 * Garua. See Coast
 * Gasca, Pedro de la, 272, 275
 * Gayangos, Don Pascual de, x
 * Geography of Peru: Royal Geographical Society's map, xii; publication of the 'Relaciones Geograficas de Indias,' 8; relief maps used by the Incas, 112; the coast region of Peru, 200–206; topography of Cuzco, 268, 269
 * Giron, Francisco Hernandez de: rebellion, 272; defeated at Pucara, 273
 * Gold, principal sources of, 191, 197. See Breastplate
 * Gomara, 15; account of a god he calls Con, 103 n.; Garcilasso's quotations from, 279

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Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/130

102 or imprisoned another, whom he claims to be his slave, cannot on the ground of this forcible possession throw the burden of proof on his opponent. To prove a purchase it is not enough to produce a document describing the fact, but there must be shewn by witnesses the fact of purchase, the price paid, and possession of the object formally given. To prove relationship, the fact of birth and the parents' marriage, or adoption by them must be shewn: letters between the parties or application for an arbiter to divide the family inheritance are not sufficient.

Persons who have admitted a debt in writing cannot prove payment without a written receipt, unless they produce five unimpeachable witnesses to the payment in their presence. But as a general rule they are not bound by a statement in the document of debt of their having originally received the money, wholly or partly, if they can prove within 30 days after the production of the document that the stated money had not been paid them.

All witnesses must be sworn. One suspected of giving false evidence can be put to the question at once, and, if convicted, can be subjected by the judge hearing the case to the penalty to which the defendant was liable against whom he had given the false evidence. A single witness without other evidence proves nothing, and Constantine enacted (334) that he should not be heard in any suit. All persons (enacted Justinian 527) with like exceptions as in criminal causes are compellable to give evidence. Slaves were sometimes examined under torture.

No judge was to commence the hearing until he had the Scriptures placed before the tribunal, and they were to remain there until judgment. All advocates had to take an oath, touching the Gospels, that they would do what they could for their clients in truth and justice, and resign their case if they found it dishonest (530). Both plaintiff and defendant had to take an oath to their belief in the goodness of their cause (531).

Justinian among other rules respecting documents enacted these:

All persons are compellable to produce documents who are compellable to give evidence. The production is to be in the court, at the expense of the person requiring it. Anyone declining to produce on the ground that he will be injured thereby, must, if this is contested by the other party, make oath of his belief and also that it is not any bribe or fear or favour of someone else that deters him.

All documents were to be headed with year of Emperor, consul, indiction, month and day.

Contracts of sale, exchange, and gift (if not such as must be officially recorded), of earnest and compromise and any others arranged to be in writing, were not valid, unless written out fair and subscribed by the parties; if written by a notary, he must complete and sign them and be present himself at their execution by the parties (528 and 536). In 538 it was directed that contracts of loan or deposit or other should, even when written, have at least three witnesses to their

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


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Page:Naruto v. Slater.pdf/3

BEA, Circuit Judge:

We must determine whether a monkey may sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement. Our court’s precedent requires us to conclude that the monkey’s claim has standing under Article III of the United States Constitution. Nonetheless, we conclude that this monkey—and all animals, since they are not human—lacks statutory standing under the Copyright Act. We therefore affirm the judgment of the district court.

Naruto was a seven-year-old crested macaque that lived—and may still live—in a reserve on the island of Sulawesi, Indonesia. In 2011, a wildlife photographer, David Slater, left his camera unattended in the reserve. Naruto allegedly took several photographs of himself (the “Monkey Selfies”) with Slater’s camera.

Slater and Wildlife Personalities, Ltd., (“Wildlife”) published the Monkey Selfies in a book that Slater created through Blurb, Inc.’s (“Blurb”) website in December 2014. The book identifies Slater and Wildlife as the copyright owners of the Monkey Selfies. However, Slater admits throughout the book that Naruto took the photographs at issue. For example, the book describes one of the Monkey Selfies as follows: “Sulawesi crested black macaque smiles at itself while pressing the shutter button on a camera.” Another excerpt from the book describes Naruto as “[p]osing to take its own photograph, unworried by its own reflection, smiling. Surely a sign of self-awareness?”

In 2015 People for the Ethical Treatment of Animals (“PETA”) and Dr. Antje Engelhardt filed a complaint for copyright infringement against Slater, Wildlife, and Blurb, as Next Friends on behalf of Naruto. The complaint alleges that Dr. Engelhardt has studied the crested macaques in Sulawesi, Indonesia for over a decade and has known, monitored, and studied Naruto since his birth. The complaint does not allege any history or relationship between PETA and Naruto. Instead, the complaint alleges that PETA is “the largest animal rights organization in the world” and “has championed establishing the rights and legal protections available to animals beyond their utility to human beings….”

Slater, Wildlife, and Blurb filed motions to dismiss under Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on the grounds that the complaint did not state facts sufficient to establish standing under Article III or statutory standing under the Copyright Act. The district court granted the motions to dismiss. In its order the district court stated the following with respect to Article III standing: "The Ninth Circuit has stated that Article III “does not compel the conclusion that a statutorily authorized suit in the name of an animal is not a ‘case or controversy.’ ” Cetacean Cmty. v. Bush, 386 F.3d 1169, 1175 (9th Cir. 2004). I need not discuss Article III standing further, because regardless of whether Naruto fulfills the requirements of Article III, he must demonstrate standing under the Copyright Act for his claim to survive under Rule 12(b)(6)."

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Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/398

370 Satfura, to the north-east of Tunis, but without being able to prevent them from again concentrating at Bizerta. In the autumn of the same year certainly the Arabs lost Carthage again to the Patricius Johannes, but his powerful fleet was dispersed in the summer of 698 by a still greater Arabian fleet, and thus the fate of the town was sealed. From this time onward the Arabs were supreme at sea, so that it is by no means the land troops only of Ḥassān which decided the final fate of Northern Africa. In his policy towards the Berbers he was at first not fortunate. A holy prophetess, the so-called Kāhina, had roused the Berber tribes to a united advance and had thus become the successor of Kusaila. On the banks of the little river Nini, not far distant from Bagai, on one of the spurs of Mons Aurasius, she defeated Ḥassān's army, which was driven back as far as Tripolis. But in the long run the Kāhina was not able to maintain her position, and the clever diplomacy of Ḥassān appears also to have won over several tribes and leaders from her circle. Thus Ḥassān's final victory over the Kāhina a few years later at Gafes becomes at the same time the commencement of a fraternisation with the Berbers. It is extremely difficult to fix the chronological sequence of the fights against the Kāhina in regard to the expeditions against Carthage. If they are placed between the two conquests of Carthage, as has been done, then the whole chronological structure falls to pieces; it is therefore the simplest to assume the date of Ḥassān's defeat as occurring only after the final fall of Carthage and to date his victory as about 703. For in the end it was not the land army but the fleet which rendered possible the occupation and retention of the Byzantine coast towns. The peace with the Berbers however led them into the camp of the Arabs and thus too the final fate of such Byzantine towns as might still be holding out was sealed. And now, with Islām as their watchword, heads of certain of the Berber tribes, appointed by the Arabs, advanced against the tribes of the west, who still remained independent. The prospect of booty and land united the former enemies, who were moreover so similar to each other in their whole style of living; the moment now approaches when Africa becomes too confined for this new wave of population, which the influx of Islām has brought to flood level. The latinised and hellenised population of the towns appears to a large extent to have migrated to Spain and Sicily, for in a remarkably short time Latin civilisation disappeared from Northern Africa.

The Arabs only conquered Northern Africa after they had relinquished their first policy of plunder for that of a permanent occupation. The commencement of the new policy was 'Uḳba's foundation of Ḳairawān. By that step however in the first place only the starting-place for the raids was changed. Dīnār was the first seriously to consider the question of not merely plundering the open country but of taking the fortified towns; and in this design his Berber policy was to support him. These


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426 * Gonzalez de la Rosa, Dr., x: printed the second part of Cieza de Leon, 4 n.; his researches respecting the works of Valera, 13; researches respecting Tiahuanacu, 25; on the list of kings in Montesinos, 40; his edition of Carrera's Mochica grammar, 220; question of Garcilasso's integrity, 280; proved the identity of the anonymous Jesuit with Valera, 303
 * Goose. See Huallata
 * Göttingen University, manuscript of Sarmiento in library of, 6. See Pietschmann
 * Gronovius library, manuscript of Sarmiento in, 5
 * Guamanga, 266, 274. See Huamanca
 * Guañape, coast valley, 208
 * Guañape island, ancient cemetery, 218
 * Guano deposits : antiquity of relics calculated from time supposed to be taken in making the deposits, 218 n.; doubts of Mr. Squier, 228 n.
 * Guayaquil. See Chonos
 * Gull, Andean. See Quellua

 * . See Galapagos
 * Hais Quisru, third station of the Ayars, 51
 * Hamurpa, a class of diviners, 107
 * Hanan Cuzco. See Cuzco
 * Haro, Hernando de: made prisoner by Titu Atauchi, and well treated, 253
 * Harvest festival, 120–3, 135; picture of huaman Poma, 135. See Intip Raymi
 * Hatun-colla, Inti-huatana at, 116; taken by Inca Pachacuti, 189; chief seat of the Collas, 187, 319
 * Hatun Pucuy, month, February–March, 119, 134
 * Hatun Tupac, son of Yahuar Huaccac, 76; took the name of Uira-cocha
 * Hatun-rincriyoc. See Orejones
 * Haylli, song, 132
 * Head-dress of the Inca, 122, 292; of the High Priest, 105; of youths at the Huarachicu, 132
 * Helps, Sir Arthur: Spanish conquest of Peru, 251
 * Heredia, Pedro de: service of Cieza de Leon under, 2
 * Hernandez, Diego, married to Beatriz Ñusta, 260
 * Herons, 79
 * Herrera, 15; makes Urco one of the reigning Incas, 90
 * Hervay, Inca fortress on the coast, ruins, 180, 238, 320
 * High Priest. See Uillac Uma
 * Holguin, Quichua grammar, vi, 313
 * Huacas, in the valley of the Rimac, vi, 229; Huaman Poma on, 17; ancestral gods, 104, 114
 * Huacap Uilla, priest of a Huaca, 106
 * Huacap Rimachi, announcer of oracles, 106
 * Huacay Pata, at Cuzco, 133
 * Huacay Taqui tribe, followers of the Ayars, 50, 65
 * Huachua, wild duck, 79
 * Huaco, wife of one of the Ayars, 49, 51
 * Huachuas for sacrifice (lambs, not children), 109
 * Hualla, diviners, 107
 * Huallaga river: flight of Chancas to, 178, 193; rapid called Salto de Aguirre, 193; tribes on, 198
 * Huallata, wild goose, 79
 * Huallcanca, shield, 292
 * Hualpa, a chief who attacked Loyola, 293
 * Hualpa Rimachi, tutor of Inca Uira-cocha, 36
 * Hualpa Tupac, brother of Huayna Ccapac, grandfather of Inca Garcilasso, 260
 * Hualpa Tupac Yupanqui, uncle of the Inca Garcilasso, 264; letters from, 276

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708-711] plans however could only be carried out when more troops became available for Africa after the restoration of unity in the empire by 'Abd-al-Malik, further when the fleet began also to co-operate, and when simultaneously a clever diplomatist effected the execution of Dīnār's plans in regard to the Berbers in more extended style. This man however was Ḥassān ibn an-Nu'mān.

His policy was continued by Mūsā ibn Nuṣair, who is regarded in history as the actual pacificator of Northern Africa and the conqueror of Spain. Mūsā appears to have assumed office in the year 708, though tradition on the point is rather shaky. The first years of his government were occupied with the subjection of the western Berbers, the latter years being devoted to the conquest of Spain, in which work his freedman and military commander Ṭāriḳ had paved the way for him. The conquest of Spain must be ascribed less to the craving of the Arabs for expansion than to the fact that the newly-subjected tribes of Moors, whom the prospect of booty had lured to the banner of Islām, had to be kept employed. At the seat of the Caliphate these far-reaching enterprises were followed with a certain amount of misgiving.

There certainly was little time available to intervene, for events followed one after the other in precipitate haste, and the frail kingdom of the Goths fell into the hands of the conquerors like a ripe fruit by a windfall. The actual cause is obscure. History tells of disputes in regard to the succession, and that the last king of the Goths, Roderick, who succumbed to the Arabs, was a usurper (cf. Chap. VI). Tradition tells of a certain Count Julian, the Christian ruler of Ceuta, whose daughter had been violated by Roderick, and who therefore led the Arabs and Berbers to Spain to satisfy his vengeance. Few characters in the earlier history of Islām have interested the historians to such an extent as this Julian, of whom it is not definitely known to which nation he belonged and to which sovereignty he owed allegiance. According to the reconstruction of Wellhausen and Codera he was not named Julian at all, but Urban; he was probably of Moorish ancestry and a vassal of the Gothic kings, but all beyond this is pure hypothesis.

Induced apparently by the struggles for the throne in the Gothic kingdom, and probably less with a view to conquer than to plunder, Ṭāriḳ crossed into Spain in the year 711 with 7000 Berbers, who were subsequently supplemented to a total of 12,000, and landed near to the rock which still bears his name. (Gibraltar = Gebel Ṭāriḳ = Mount Ṭāriḳ.) After having collected his troops, Ṭāriḳ appears to have practised highway robbery along the coast from Gibraltar westwards and to have gone around the Laguna de la Janda in the south. King Roderick opposed him in the valley of the Wādī Bekka, nowadays called Salado, between the lake and the town of Medina Sidonia. According to the earliest Spanish tradition the site is also named after the neighbouring Transductine promontory (Cape Spartel).


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Rh

the Pope returneth him for answer.

(which is a new text of Holy Scripture, of the Pope's own canonization,)

The gloss upon this decretal, layeth down the reason of this mutation a little more roundly:

And Alphonsus Mendoza telleth us, that the old prayer was "deservedly" disused, and this other substituted in the room thereof:

Which prayer, indeed, was to be found heretofore in modernioribus sacramentariis, as Pope Innocent speaketh, and in the Roman missals that were published before the Council of Trent, as, namely, in that which was printed at Paris, Anno 1529; but in the newly reformed missal, wherewith, it seemeth, Mendoza was not so well acquainted as with his scholastical controversies, it is put out again, and another prayer for Leo put in; that by the celebration of those

Neither is there any more wrong done unto St. Leo, in praying for him after this manner, than unto all the rest of his fellows in that other prayer of the Roman Liturgy:

and nothing so much as is done unto all the faithful deceased, when, in their masses for the dead, they say daily,


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14 So that, whatsoever commodious expositions our adversaries can bring for the justifying of the Roman service, the same may we make use of to show, that the ancient Church might pray for the dead, and yet in so doing have no relation at all unto Purgatory; yea, and pray for the martyrs and other saints that were in the state of bliss, without offering unto them any injury thereby.

For the clearing of the meaning of those prayers which are made for Leo and the other saints, to the two expositions brought in by Pope Innocent, Cardinal Bellarraine addeth this for the third:

Where, laying aside those unsavoury terms of debt and merits, whereof we shall have occasion to treat in their proper place, the answer is otherwise true in part, but not full enough to give satisfaction unto that which was objected. For the primary intention of the Church indeed, in her prayers for the dead, had reference unto the day of the resurrection; which also in divers places we find to have been expressly prayed for. As in the Egyptian Liturgy, attributed unto St. Cyril, Bishop of Alexandria:

And in that which is used by the Christians of St. Thomas, as they are commonly called, in the East Indies:

Such is the prayer of St. Ambrose, for Gratian and Valentinian the emperors:


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Rh And that in Alcuinus:

And that in Grimoldus's Sacramentary:

And that which the Syrians do use:

But yet the Cardinal's answer, that the glory of the body may be prayed for, which the saints shall have at the day of the resurrection, cometh somewhat short of that which the Church used to request in the behalf of St. Leo: for in that prayer express mention is made of his soul, and so it is wished that profit may redound by the present oblation. And, therefore, this defect must be supplied out of his answer unto that other prayer, which is made for the souls of the faithful departed, that they may be delivered out of the mouth of the lion, and that hell may not swallow them up. To this he saith, that,

The same answer did Alphonsus de Castro give before him, that

And Johannes Medina, that

" delighteth to be prayed unto for those things which otherwise he purposed to do. For had decreed," saith he, "after the sin of Adam to take our flesh, and he decreed the time wherein he meant to come; and yet the prayers of the saints, that prayed for his incarnation and for his coming, were acceptable unto him.  hath also decreed to grant pardon unto every repentant sinner; and yet the prayer is grateful unto him, wherein either the penitent doth pray for himself, or another for him, that  would be pleased to accept his repentance.  hath decreed also and promised not to forsake his Church,


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Page:Naruto v. Slater.pdf/4

 We are, of course, bound by the precedent set in Cetacean Community until and unless overruled by an en banc panel or the Supreme Court. Miller v. Gammie, 335 F.3d 889, 899 (9th Cir. 2003) (en banc).

The district court concluded that Naruto failed to establish statutory standing under the Copyright Act. PETA and Dr. Engelhardt timely appealed on Naruto’s behalf. However, after the appeal was filed, and with the permission of Appellees, Dr. Engelhardt withdrew from the litigation. Therefore, on appeal, only PETA remains to represent Naruto as his “next friend.”

This court reviews de novo dismissals under Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). See Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007). “All allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party.” Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001).

I. Next Friend Standing

We gravely doubt that PETA can validly assert “next friend” status to represent claims made for the monkey both (1) because PETA has failed to allege any facts to establish the required significant relationship between a next friend and a real party in interest and (2) because an animal cannot be represented, under our laws, by a “next friend.”

First, “[i]n order to establish next-friend standing, the putative next friend must show: (1) that the petitioner is unable to litigate his own cause due to mental incapacity, lack of access to court, or other similar disability; and (2) the next friend has some significant relationship with, and is truly dedicated to the best interests of, the petitioner.” Coalition of Clergy v. Bush, 310 F.3d 1153, 1159–60 (9th Cir. 2002) (quoting Massie ex rel. Kroll v. Woodford, 244 F.3d 1192, 1194 (9th Cir. 2001) ). Here, we are concerned with the second requirement. PETA does not claim to have a relationship with Naruto that is any more significant than its relationship with any other animal. Thus, PETA fails to meet the “significant relationship” requirement and cannot sue as Naruto’s next friend.

But, even if PETA had alleged a significant relationship with Naruto, it still could

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Rh * Huamac, novice after three years, 107
 * Huaman, a falcon, 79
 * Huaman, son of Huayna Ccapac, 179
 * Huaman, son of Inca Rocca, 68
 * Huamanca, conquest of, 93, 173; name, 179. See Orе́
 * Huaman Cancha, 132
 * Huamanpalpa, estate of Garcilasso do la Vega, 273
 * Huaman Poma de Ayala: account of his MS., 16, 17; corroboration of the kidnapping story, 75; portraits of the Incas, 121; sketches of agricultural implements, 134 n., 135; use of the word Aymara for the language, 315
 * Huampar Chucu, head-dress of the High Priest, 105
 * Huanacauri, the name, 44; idol, 52; a most sacred huaca, 128; youths sacrificed to it at the Huarachicu, 128, 129; prayer of the people to, at the murder of Tupac Amaru, 295. See Ayar Uchu
 * Huanaco, swiftness, 29, 30
 * Huanay-pata, sixth station of the Ayars, 53
 * Huancas, conquest of, 180
 * Huanca Auqui, Huascar's general: defeats, 246–8; retreat, 248
 * Huancara, conquest of, 91 n.
 * Huancarama, 175
 * Huantuy, the Inca's litter, 292
 * Huanuco, conquest of, 93, 173, 178; palace, 182, 320. See Yarrovilca
 * Huara, coast valley, 227
 * Huarac-tampu, 178
 * Huaraca or sling, 134
 * Huarachicu festival: time it was held by the people of Uma, 127; of Ayamarca, 128; youths' or aspirants' dress, 129, 132, 133; attendant maidens, 130; Huanacauri sacrifice, 131; floggings to try endurance, 130; foot-race, 131; distribution of rewards, 132; dances in the Huacay Pata, 133; baths at Calis Puquio, 133; sham fight, 134; reaping in the field called Sausiru, 135, 256
 * Huaranca, a division of the people, thousand, 162
 * Huaras, Callejon de, 182
 * Huarcu. See Cañete
 * Huari, 34
 * Huari Titu, a son of Huascar, who escaped to Caxamarca, 251
 * Huarina, battle of, 17, 270, 276
 * Huarmay, coast valley, 208
 * Huarochiri: Avila on idolatry and myths of, translated by the author, xi n.; myths, 103 n., 230–4; peopled coast valleys, 161; people, 180, 181
 * Huascar Inca, name, 43, 241 n.; cable, 133, 241 n.; succession, 224, 241; cruelty, 243; marriage, 244 ; armies defeated, 246, 248, 249; taken prisoner, 249; death, 250. See Chumpillaya
 * Huascaran peak, 21
 * Huata, the year, meaning of word, 117
 * Huata, conquest of, 91 n.
 * Huatanay torrent at Cuzco, 55; confined to its bed, 66, 79
 * Huatuc, a soothsayer, 187
 * Huauqui, familiar spirits of the Incas, 110, 243; of Manco Ccapac, 50
 * Huayllacan tribe : daughter of the chief married to Inca Rocca: war with Ayamarca, 68; visit of Prince Cusi Hualpa to, 69; treachery of the chief, 69, 70; their harvest song, 70; murder of Pahuac Hualpa, 76
 * Huayna, the name, 46
 * Huayna Ccapac, accession, 95; alleged human sacrifices at accession, 108, 179 n.; expedition against the Cofanes, 198 visited the Chimu, 223; left Cuzco for the northern

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Page:R L Stevenson 1917 Familiar studies of men and books.djvu/101

 forgiving, she could now be generous even to a pathetic and touching degree; but coming from one who was unloved, and who had scarce shown herself worthy of the sentiment, these were all virtues thrown away, which could neither change her husband's heart nor affect the inherent destiny of their relation. From the outset, it was a marriage that had no root in nature; and we find him, ere long, lyrically regretting Highland Mary, renewing correspondence with Clarinda in the warmest language, on doubtful terms with Mrs. Riddel, and on terms unfortunately beyond any question with Anne Park.

Alas! this was not the only ill circumstance in his future. He had been idle for some eighteen months, superintending his new edition, hanging on to settle with the publisher, travelling in the Highlands with Willie Nichol, or philandering with Mrs. M'Lehose; and in this period the radical part of the man had suffered irremediable hurt. He had lost his habits of industry, and formed the habit of pleasure. Apologetical biographers assure us of the contrary; but from the first, he saw and recognised the danger for himself; his mind, he writes, is "enervated to an alarming degree" by idleness and dissipation; and again, "my mind has been vitiated with idleness." It never fairly recovered. To business he could


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Page:Duties of Massachusetts at this crisis. A speech (IA dutiesmasscrisis00sumnrich).pdf/4

 ical duties here in Massachusetts at the present time? and secondly, how, and by what agency shall this be performed? What, and how? These are the two questions of which I shall briefly speak, in their order, attempting no elaborate discussion, but simply aiming to state the case so that it may be intelligible to all who hear me.

I. And first, what are our duties here in Massachusetts, at the present time? In unfolding these I need not dwell on the wrong and shame of Slavery, or on the character of the Slave Power—that Oligarchy of slaveholders—which now rules the republic. These you understand. Any yet there are two outrages fresh in your recollection, which I must not fail to expose, as natural manifestations of Slavery and the Slave Power. One is the repeal of the prohibition of slavery in the vast Missouri Territory, now known as Kansas and Nebraska, contrary to time-honored compact and plighted faith. The other is the seizure of Anthony Burns, on the free soil of Massachusetts, and his surrender, without judge or jury, to a Slave Hunter from Virginia, to be thrust back into perpetual slavery. [Shame! shame!] These outrages cry aloud to Heaven, and to the people of Massachusetts. [Sensation.] Their intrinsic wickedness is enhanced by the way in which they were accomplished. Of the first, I know something from personal observation; of the latter, I am informed only by public report.

It is characteristic of the Slave Power never to stick at any means supposed to be needful in carrying forward its plans; but never, on any occasion, were its assumptions so barefaced and tyrannical as in the passage of the Nebraska Bill.

This bill was precipitated upon Congress without one word of public recommendation from the President, without notice or discussion in any newspaper, and without a single petition from the people. It was urged by different advocates, on two principal arguments, so opposite and inconsistent, as to slap each other in the face. [Laughter.] One being that, by the repeal of the prohibition, the territory would be absolutely open to the entry of slaveholders with their slaves; and the other being that the people there would be left to determine whether slaveholders should enter with their slaves. With some, the apology was the alleged rights of slaveholders; with others, to was the alleged rights of the people. With some, it was openly the extension of slavery; and with others, openly the establishment of freedom, under the guise of “popular sovereignty.” Of course the measure, thus upheld in defiance of reason, was carried through Congress, in defiance of all the securities of legislation.

It was carried, first, by whipping in to its support, through executive influence and patronage, men who acted against their own declared judgement, and the known will of their constituents; secondly, by foisting out of place, both in the Senate and House of Representatives, important business, long pending, and usurping its room; thirdly, by trampling under foot the rules of the House of Representatives, always before the safeguard of the minority; and fourthly, by driving it to a close during the present Congress, so that it might not be arrested by the indignant voice of the people. Such are some of the means by which the Nebraska Bill was carried. If the clear will of the people had not been disregarded, it could not have passed. If the Government had not nefariously interposed its influence, it could not have passed. If it had been left to its natural place in order of business, it could not have passed. If the rules of the House and the rights of the minority had not been violated, it could not have passed. If it had been allowed to go over to another Congress, when the people might be heard, it would have been ended—all ended.

Contemporaneously with the final triumph of this outrage—on the very night of the passage of the Nebraska Bill at Washington—another scene, beginning a dismal tragedy, was enacted in Boston. In those streets where he had walked a Freeman, Anthony Burns was seized as a Slave—under the base pretext that he was a criminal—imprisoned in the court house, which was turned for the time into a fortress and barracoon—guarded by heartless hirelings, whose chief idea of liberty was the license to do wrong—[loud applause and cries of “that’s it” “that’s it!” &c.]—escorted by intrusive soldiers of the United States—watched by a prostituted militia—and finally given up to a Slave Hunter bu the degree of a petty magistrate, who did not hesitate to take upon his soul the awful responsibility of dooming a fellow-man, in whom he could find no fault, to a fate worse than death. How all this was accomplished, I need not minutely relate. Suffice it to say, that in doing this deed of woe and shame, the liberties of all our citizens, white as well as black, were put in jeopardy—the


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 bring the required diligence and attention without difficulty; but he was thenceforward incapable, except in rare instances, of that superior effort of concentration which is required for serious literary work. He may be said, indeed, to have worked no more, and only amused himself with letters. The man who had written a volume of masterpieces in six months, during the remainder of his life rarely found courage for any more sustained effort than a song. And the nature of the songs is itself characteristic of these idle later years; for they are often as polished and elaborate as his earlier works were frank, and headlong, and colloquial; and this sort of verbal elaboration in short flights is, for a man of literary turn, simply the most agreeable of pastimes. The change in manner coincides exactly with the Edinburgh visit. In 1786 he had written the Address to a Louse, which may be taken as an extreme instance of the first manner; and already, in 1787, we come upon the rosebud pieces to Miss Cruikshank, which are extreme examples of the second. The change was, therefore, the direct and very natural consequence of his great change in life; but it is not the less typical of his loss of moral courage that he should have given up all larger ventures, nor the less melancholy that a man who first attacked literature with a hand that seemed


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Rh the wood down to the coast, but seemed quite unable to get on the right track at all —."

"No wonder," said Gell, "without my compass I might have been wandering there still."

"At last I hit upon two pairs of great wheel tracks which I followed, thinking they were those of my enemies of the previous night, and would lead me down to the shore. Unfortunately however they bore direct towards the city of New Orleans.

"When I got in sight of the town I saw several engines moving about close under its walls and dared not approach nearer. So the whole of that day I was without food, and felt very weak and miserable. As soon as darkness came on I crept into the town and wandered about the desolate street in search of something to eat. At last I found a baker's shop when I regaled myself nobly on stale bread and cakes baked at least a week before. Then I crept back to the wood fearing to be in the town in daylight.

"If you had only stayed there," said I, "we should have met again, the time that I brought Lieut. Danvers up to see that it was deserted, which he would not believe on our word."


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 not sue as Naruto’s next friend. In Whitmore v. Arkansas, 495 U.S. 149, 110 S.Ct. 1717, 109 L.Ed.2d 135 (1990), the Supreme Court discussed “next friend” standing in a habeas case in which a third-party litigant sought to challenge the death sentence of a capital defendant, Simmons, who had forsworn his right to appeal. In considering whether the third-party, Whitmore, had standing to sue on behalf of Simmons, the Court emphasized the limited nature of “next friend” standing and explained the rationale behind its limitations. For example, requiring a showing of incompetency and a “significant relationship” ensures that “the litigant asserting only a generalized interest in constitutional governance” does not “circumvent the jurisdictional limits of Article III simply by assuming the mantle of ‘next friend.’ ” Id. at 164, 110 S.Ct. 1717. In short, requirements of a significant interest in the subject party protect against abuses of the third-party standing rule. As the Court noted in a prior case, “however worthy and high minded the motives of ‘next friends’ may be, they inevitably run the risk of making the actual [party] a pawn to be manipulated on a chessboard larger than his own case.” Lenhard v. Wolff, 443 U.S. 1306, 1312, 100 S.Ct. 3, 61 L.Ed.2d 885 (1979). Based on the dangers inherent in any third-party standing doctrine, the Court declined to expand “next friend” standing beyond what was authorized by Congress in the habeas corpus statute. Whitmore, 495 U.S. at 164–165, 110 S.Ct. 1717.

Here, we follow the Supreme Court’s lead in holding that “the scope of any federal doctrine of ‘next friend’ standing is no broader than what is permitted by the … statute.” Id. Although Congress has authorized “next friend” lawsuits on behalf of habeas petitioners, see 28 U.S.C. § 2242, and on behalf of a “minor or incompetent person,” see Fed. R. Civ. P. 17(c), there is no such authorization for “next friend” lawsuits brought on behalf of animals. Our precedent on statutory interpretation should apply to court rules as well as statutes: if animals are to be accorded rights to sue, the provisions involved therefore should state such rights expressly. See Cetacean Cmty., 386 F.3d at 1179. Because we believe the Supreme Court’s reasoning in Whitmore counsels against court-initiated expansion of “next friend” standing, we decline to recognize the right of next friends to bring suit on behalf of animals, absent express authorization from Congress.

Even so, we must proceed to the merits because Naruto’s lack of a next friend does not destroy his standing to sue, as having a “case or controversy” under Article III of the Constitution. Federal Rule of Civil Procedure 17, which authorizes “next friend” lawsuits, obligates the court “to consider whether [incompetent parties] are adequately protected,” even where they have no “next friend” or “guardian.” U.S. v. 30.64 Acres of Land, 795 F.2d 796, 805 (9th Cir. 1986). Within this obligation, the court has “broad discretion and need not appoint a guardian ad

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 —ICI tristimulus data for the four illuminants, A, C, "D," and "S," used in deriving the colorimetric data on the Munsell standards


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This pamphlet is prepared by The Command and General Staff School, Fort Leavenworth, Kansas, for the purpose of presenting in convenient form the announced policies and basic principles of military organization. It gives a brief outline of the general orgnization of the land forces of the United States, including a theater of war. It presents in considerably more detail the projected war organization of tactical formations, the functions of commanders and staffs, and the system of administration. It is a reference book rather than a text.

Organization for national defense affects the whole population. The obligation of every citizen to serve in the defense of the United States is an accepted principle. This places in military formations or categories all citizens who are able to perform service. The value of the forces so formed depends on the soundness of organization and on the individual and collective spirit, power, and will of our people. In war personal sacrifice extends to each family, as war affects deeply each town and village. Therefore, a democracy through its realization of the self-imposed horrors strives to avoid war, and our nation has generally been able to suppress efforts to bring on needless conflict with its consequent suffering: But when war is unavoidable, defeat is more bitter and more costly than success. In a nation possessing the resources of the United States, early success in war is insured by sound preparation. The most important form of preparation in time of peace is thorough provision for a war organization.

Thorough organization for national defense contributes to success in war, and what is more important, tends to prevent war. A nation is slow to attack another which is known to be prepared for national defense.

The organization of the several arms, branches, and services is given in Tables of Organization, W. D. The text-


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428 * campaign, 241; death at Quito, 242; body and huauqui brought to Cuzco, 243; wives and sons, 241, 256, 257; treasure found in his palace, 267
 * Human sacrifices, 108 ; law prohibiting, 109. See Sacrifices
 * Humboldt current, 202
 * Humboldt, Wm., possessed a copy of Carrera's Yunca grammar, 220
 * Humming-bird or Ccenti. See Ccenti
 * Hunu, a division of the people, 162
 * Huquiz, name, 44
 * Hurin Cuzco. See Cuzco

 * , 79
 * Ichu, 22, 81. See Ychu
 * Ichuri, a confession, 106
 * Idolatries, Jesuits employed to extirpate, 10, 235, 236; on the coast, 235, 236
 * Ilia Tici Uira-cocha, names of the deity, 41, 97; invoked by Siuyacu, 58, 62. See Uira-cocha
 * Illampu peak, 21, 191
 * Illapa, thunder and lightning worship, 104, 117
 * Illay Tanta, sacred bread, 124
 * Illimani peak, 21, 191
 * Incas: study of authorities, x; author's translation of Molina on rites and ceremonies, x n.; witnesses for Sarmiento's history, 6; portraits by Huaman Poma, 17, 141, 145, 146; portraits at Santa Ana (Cuzco), 121, 122; marriages, 56, 94; Rocca, the first Inca, 62–7; submission of tribes to, 65; the land of the, 78–82; Inca Yahuar Huaccac, 75, 77; Inca Uira-cocha, 77, 90; Inca Pachacuti, 90, 93; Tupac Inca Yupanqui, 94; Huayna Ccapac, 95; the familiar spirits, 110; interments, 111; physique, appearance, dress, 121, 141; system of government, 166, 167, 170; wisdom and statesmanship, 172; policy with regard to the montaña, 198; conquest of the coast, 223; war of succession, 240; princesses married to Spaniards, 260; pedigree and petition sent to Spain, 281; assembled at baptism of Melchior Carlos Inca, 290; will of Leguisamo testifying to the excellence of their rule, 300, 301; roads and bridges, pottery, 318–20
 * Insignia. See Achihua (parasol), Champi (battle-axe), Chipana (bracelet), Chuqui (lance), Huallcanca (shield), Huantuy (litter), Llautu (fringe), Mascapaycha (head-dress), Tocapu (belt), Tumi (dagger), Tupac Yauri (sceptre), Usuta (shoes), Yacolla (mantle), Napa (sacred image of llama), Suntur Paucar (head-dress)
 * Indians of Peru: their character, ix; appointment of protector desired by Huaman Poma, 19; religious beliefs, 112, 113; doctors, 157; organisation in ayllus, 160; under the Incas, 161–3; division into classes, 161, 162; taken for various kinds of service, 162, 163; condition under the Incas, 167. See Ayllus, Mitimaes; also Leguisamo's will
 * Indians of the Montaña, 178, 195, 196, 197. See Antis, Campas, Chirihuanas, Cholones, Cofanes, Chunchos, Mañaris, Opataris, Pilcosones, Yana-simis, Mayorunas, Lamistas
 * Inez Ñusta, had two children by Pizarro, 260
 * Insignia. See Incas
 * Intercalary days, 117
 * Interments, 111, 112; Chimu, 217
 * Inti, the sun as a deity, 116

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372 It was here, not at Vejer (or Jerez) de la Frontera, that the great decisive battle was fought in July 711, in which the Gothic army, thanks to the treachery of Roderick's political enemies, was defeated by Ṭāriḳ's troops. The king himself probably fell in the battle, for he disappeared at all events from this day forward.

This great success led to an unexampled triumphal procession, which can only be explained by the fact that the rule of the Goths was deeply hated among the native population. As on Byzantine ground, so here too had political and religious blunders set the various elements of the population at variance, and thus prepared the way for the invasion. The Jews especially, against whom an unscrupulous war of extermination had been waged by the fanatical orthodox section, welcomed the Arabs and Berbers as their deliverers. The towns alone, in which the Gothic knighthood held predominance, offered any effective resistance. Ṭāriḳ must have been very accurately informed of the condition of the country; the authorities represent him as advised in his arrangements for the whole of the further campaign by Julian (Urban). The sequel certainly justified the daring plan of pushing forward to Toledo, the capital of the Gothic kings; the more important cities of the south, e.g. Seville, were left to themselves, others, as Malaga and Archidona, were subdued by small detachments; the main body of the army proceeded by Ecija and Cordova to Toledo. It was only at Ecija that Ṭāriḳ met with any vigorous resistance, and at this point a battle ensued, which is described as the most severe and stubborn of the whole campaign. Cordova and Toledo fell by treachery. The aristocracy and the higher ranks of the priesthood did not even await the arrival of the Muslims, but either repaired to places of safety or sought union with the conquerors.

Ṭāriḳ was thus master of the half of Spain by the end of the summer of 711. His unprecedented successes aroused the jealousy of Mūsā, his superior officer and patron, who had remained passively in Northern Africa, because a systematic conquest of Spain was not intended in Ṭāriḳ's expedition — only one of the customary summer raids of the Muslim troops. Ṭāriḳ had however now destroyed the Gothic kingdom. Mūsā nevertheless, desiring for himself the fame and the material advantages attending on the conquest of wealthy Spain, advanced thither also with 18,000 troops in the following spring, and landed in June. Purposely avoiding Ṭāriḳ's tracks, he first of all conquered the towns which still held out, prominent among which were Medina Sidonia, Carmona, and Seville. Seville was the intellectual centre of Spain; it had been the seat of government for centuries under the Romans, and under the Goths it had not lost its former splendour. It was only captured after a siege of several months' duration. From the campaign of Mūsā it can be seen that Ṭāriḳ's stratagem had by no means destroyed all resistance, but that the heavy work of the conquest of the


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Rh * Inticaca or Titicaca, 21, 103 n.
 * Inti-cancha or Ccuri-cancha, temple of the sun at Cuzco, 55; divided into four quarters called Quinti-cancha, Chumpi-cancha, Sayri-cancha, and Yarumpuy-cancha, 56; rulers at first lived in, 58; royal residence removed from, 64
 * Intip Chinan, name for chosen virgins, 106
 * Intip Pampa, in front of the temple: runners assemble at the Situa festival, 125; Inti-huatana in, 116
 * Intip Raymi, June–July, 118; great harvest festival, 120–3
 * Ipacura, one of the Ayar wives, 49
 * Iquichanos, 179
 * Irrigation at Nasca, 177, 237; Chira valley, 207; Chimu, 209; Nepena, 218; former density of population proved by, 229; in southern coast valleys, 237
 * Isabel Yupanqui Ñusta, mother of the Inca Garcilasso, 260; her portrait, 262; called Chimpa Ocllo before baptism, 262
 * Iscuchaca, 81, 86
 * Itenez river, 193

 * , month called Camay, 118
 * Jauja: conquest of, 93, 173; working of the Inca system in valley of, 166; river, 178; Huascar's army at, 246; Hernando de Soto at, 252
 * Jayanca, coast valley, chiefs of, 223; chief of, sent to Cuzco, 224
 * Juana Tupac Amaru, received in the house of Archbishop Loaysa, married to Condorcanqui, Curaca of Surimani, 298
 * Juli, on the west side of Lake Titicaca: Jesuit station at, 192, 313
 * July–August, month called Chahuar Quiz, 118
 * June–July, month called Intip Raymi, 118
 * Justiniani, Dr., descendant of the Incas, Cura of Laris: author's visit to, viii, 145 ; his copy of Ollantay, 146

 * , Don Samuel A.: his work on the cult of Tonapa, 99
 * Lambayeque, tradition of arrival of strangers, 208; chiefs of, 224, 225. See Naymlap
 * La Merced, church at Cuzco, 263, 271
 * Lamistas, tribe of the Huallaga, 178, 198
 * Lampa, contents of a native doctor's wallet at, 157
 * La Raya, 188
 * Laris, viii, 144, 145. See Justiniani
 * Larrabure y Unanue, Don E., x; on use of pillars in Lunahuana ruins, 320; on Paramunca, Sillustani, 319, 320
 * Lasiandra, bushes, 94
 * Lauricocha, lake, source of the Amazon, 193
 * Laycas, diviners, 108
 * Leche, coast valley, 208, 224
 * Leguisamo, Mancio Serra de: story of his gambling away the golden image of the sun, 15, 301 n.; married Beatriz Ñusta, 260; a captain in the force invading Vilcapampa, 293; witness of the Indians reverencing the head of Tupac Amaru, 296, 297; his will, testimony to the excellence of the rule of the Incas, 300, 301
 * Leguisamo, Juan Serra de (the younger), schoolfellow of Inca Garcilasso, 265; received at Vilcapampa, 273
 * Leon, Pedro de Cieza de : author's translation, x n.; early life, 2; services, 3; desire to record events, 2, 3; his chronicle, 3, 4, 96; on Tiahuanacu, 90 n.; gives Tuapaca as the name of

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712-718] country had to follow the rapid occupation of the capital. The Arabs would scarcely have succeeded in the conquest of Spain without the internal disorders which had preceded their arrival, and the consequent want of discipline and unity. Even as it was, after the fall of Seville, Mūsā still met with obstinate resistance before Mérida, whose impregnable walls resisted all attempts at undermining. The inhabitants however finally recognised their advantage in peacefully surrendering the town (30 June 713). Seville too rose once more in revolt, but was finally subjugated by Mūsā's son, 'Abd-al-'Azīz. It was only after all these successes that Mūsā could enter Toledo, where Ṭāriḳ awaited him.

Mūsā now vented his anger on his too-successful subordinate, but soon afterwards the same fate overtook himself. His letter of recall, signed by the Caliph Walīd (713-714), reached him 15 months after his landing, and but few weeks after his entry into Toledo. The victorious old man slowly made his way overland towards Syria, taking enormous treasures with him. Arabian papyri in the British Museum have preserved various data in regard to the expenses of provisioning his princely train during his temporary stay in Egypt. In Damascus he fell into disfavour and does not again appear in the foreground. His sons too, of whom he had left 'Abd-al-'Azīz as governor in Spain, and the others in Africa, did not long enjoy the fruits of their father's great deeds, for they also were soon either deposed or murdered.

This account of events in the conquest of Spain is chiefly based on Arabian sources, the importance of which, as compared with the certainly valuable Latin historians, has been decidedly undervalued in recent times. According to the latter Mūsā, and not Ṭāriḳ, was the actual conqueror of Spain; they represent Ṭāriḳ as merely the victor in the battle at the Transductine promontory, whilst Mūsā consummated his triumphal march by the conquest of Toledo; of any opposition between Mūsā and Ṭāriḳ there is no mention. Both groups of authorities agree in recording that under Mūsā, or at least by his direction, Saragossa also was taken. Notwithstanding contradictory reports, it is certain that Mūsā did not also cross the Pyrenees.

The crossing of this range did not take place until a few years later (717 or 718), under the leadership of Mūsā's fourth successor, Hurr. North of the Pyrenees, in the same way as to the south, the quarrels of the various races offered the Arabs an inducement to invade the country, and with the then prevalent lack of geographical knowledge the seemingly possible idea of reaching Constantinople by land from Gaul may have haunted their brains, for was not the fall of the proud imperial city the ardently desired end and aim of the foreign policy of the Caliphs? The leaders of the expeditions sent out from Spain had however more obvious designs; it was the booty, which might reasonably be looked for in the rich treasures of the convents and churches of Gaul, which lured them onwards. The daring march, which subsequently led to the celebrated


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374 defeat of Tours or Poitiers, is directly attributed by the authorities to this lust of booty. The chief officers of the Merovingians were engaged in fighting with the dukes of Aquitaine. While the France of the future was gradually gaining ground in the north in the midst of heated fighting, the dukes of Aquitaine were threatened on all sides. The Duke Eudo of Aquitaine had to sustain the first onslaught of the Arabs, and this was finally broken against Eudo's iron-willed adversary, Charles Martel.

Details of the raids made by Hurr are not known. They were continued by his successor Samḥ, who captured Narbonne in 720, and this formed the base of operations for the Spanish attacking forces until 759. The further undertakings of Samḥ however were a failure. He endeavoured to conquer Toulouse in 721 by attacking it with battering rams. But Duke Eudo relieved the distressed town and won a decisive victory. The leader of the Muslims fell in battle. This was the first great success of a Germanic prince over the Muslims, so long accustomed to victory. It was not the last; for the later expeditions of the Muslims were no longer crowned with success; in fact Eudo began to utilise to his own ends the growing difficulties between the Arabs and the Berbers. After a pause the Spanish Amīr 'Abd-ar-Raḥmān prepared to strike a great blow. He proceeded in 732 over the Pyrenees, defeated Duke Eudo between the Garonne and the Dordogne, and followed to the vicinity of Tours, attracted by the church treasures of the town. Here he was met by Charles Martel, whom Eudo had called to his assistance, and was vanquished in the battle of Tours or Poitiers, 732, which lasted several days. Here the complete superiority of the northern temperament over that of the southerners displayed itself. According to the report of the historians the Frankish warriors stood firm as a wall, inflexible as a block of ice. The light cavalry of the Caliphs failed against them. It was however not only the temperament, but also the physical superiority of the Teutons, which asserted itself in any fighting at close quarters, that won the battle. When the Teutons after the last day's fighting, in which the Muslims had lost their leader, wished to renew the struggle, they found that the Arabs had fled. The entire camp, with the whole of the munitions of war, fell into the hands of the victors.

The battle of Tours or Poitiers has often been represented as an event of the first magnitude in the world's history, because after this the penetration of Islām into Western Europe was finally brought to a standstill. The Arabs certainly undertook occasional raids, in regard to which we have but scanty information; they occupied, for instance, Arles and Narbonne, until they were expelled thence by Charles Martel and Pepin. In these expeditions however the Arabs only appear as allies of the grandees of Southern Gaul, who desired with their help to ward off the advance of Charles. The Caliph Hishām, at that time in


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732] power, certainly encouraged a vigorous expansion in connexion with his policy of restoration; but the attack of the Saracens was no longer successful, and as early as 759 the Arabs had to relinquish Narbonne, their last base north of the Pyrenees, to Pepin. The Saracen assault was therefore apparently broken by the battle of Tours or Poitiers — but only apparently, for that which might be regarded as cause and effect was but a chronological coincidence. Every movement has its limits, and the migration of the Arabs would not have been enough to place the requisite forces of men in the field for a permanent occupation even of Spain if they had not sought them outside their own limits among the Berbers. By joining the Arabs and conquering Spain for them, the Berbers carried the Saracen movement into another new country, but at the same time they made it heterogeneous, and as an addition to the internal Arabian feuds they created a new one, that between Arabs and Berbers. This strife, still latent during the first years of victory, came to light about the time of the battle of Tours or Poitiers. But a further cause rendered additional Saracen raids into Gaul impossible. In the northern corner of Spain a remnant of the opposition against the penetration of Islām had preserved its independence as a State; year by year this small State grew in size, and in a short time it inserted itself like a wedge between the Arabian magnates and the Pyrenees. On this was founded the legend of St Pelagius, which is treated more fully in another part of this work.

Under these circumstances the expansion of the Muslims came to a natural standstill from internal causes, and the consequences of the battle of Tours or Poitiers must therefore not be exaggerated. The plundering of these towns would decidedly not have resulted in a permanent occupation of Gaul by the Saracens. Their defeat before Constantinople was of vastly greater significance. The fall of Constantinople would have entirely remodelled the history of the East, as in fact it did, seven centuries later.

The battle then of Tours or Poitiers marked the extreme point of advance of the Saracens into Western Europe, but it was not the cause of the sudden stoppage, or rather recess of the movement. That fact lay, as above stated, in the feud between Arabs and Berbers. This strife was bound to be so much the more fatal for the Arabs, as at the same time the discord between Ḳais and Kalb in the East made its influence felt in the West also, and thus broke up the compact unity of the hitherto paramount nationality. The details of this process have little value for the history of the Saracen expansion treated in these chapters. A brief description of the principal events will suffice to explain the other great advance of the Saracens against Mid-Europe (Sicily, Sardinia, and South Italy).

The whole of the western portion of the empire of the Caliph, the so-called Maghrib, i.e. Northern Africa and Spain, was placed after the


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256 radiated from the air (emission-coefficient $\beta$, temperature $\theta$) to space (temperature $0$). The second one gives the heat radiated from the soil (1 cm.2, temperature $\text{T}$, albedo $1-\nu$) to the air; the third and fourth give the amount of the sun's radiation absorbed by the air, and the quantity of heat obtained by conduction (air-currents) from other parts of the air or from the ground. In the same manner we find for the earth's surface

The first and second members represent the radiated quantities of heat that go to the air and to space respectively, $$(1-\alpha)\nu\text{A}$$ is the part of the sun's radiation absorbed, and $$\text{N}$$ the heat conducted to the point considered from other parts of the soil or from the air by means of water- or air-currents.

Combining both these equations for the elimination of $\theta$, which has no considerable interest, we find for $$\text{T}^4$$

For the earth's solid crust we may, without sensible error, put $$\nu$$ equal to $1$, if we except the snowfields, for which we assume $\nu=0.5$. For the water-covered parts of the earth I have calculated the mean value of $$\nu$$ to be $$0.925$$ by aid of the figures of Zenker. We have, also, in the following to make use of the albedo of the clouds. I do not know if this has ever been measured, but it probably does not differ very much from that of fresh fallen snow, which Zöllner has determined to be $0.78$, i. e. $\nu=0.22$. For old snow the albedo is much less or $$\nu$$ much greater; therefore we have assumed $$0.5$$ as a mean value.

The last formula shows that the temperature of the earth augments with $\beta$, and the more rapidly the greater $$\nu$$ is. For an increase of 1° if $$\nu=1$$ we find the following increases for the values of $\nu=0.925$, $0.5$, and $$0.22$$ respectively: –

This reasoning holds good if the part of the earth's surface


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 capable of moving mountains, should have spent his later years in whittling cherry-stones.

Meanwhile, the farm did not prosper; he had to join to it the salary of an exciseman; at last he had to give it up, and rely altogether on the latter resource. He was an active officer; and, though he sometimes tempered severity with mercy, we have local testimony oddly representing the public feeling of the period, that, while "in everything else he was a perfect gentleman, when he met with anything seizable he was no better than any other gauger."

There is but one manifestation of the man in these last years which need delay us: and that was the sudden interest in politics which arose from his sympathy with the great French Revolution. His only political feeling had been hitherto a sentimental Jacobitism, not more or less respectable than that of Scott, Aytoun, and the rest of what George Borrow has nicknamed the "Charlie over the water" Scotchmen. It was a sentiment almost entirely literary and picturesque in its origin, built on ballads and the adventures of the Young Chevalier; and in Burns it is the more excusable, because he lay out of the way of active politics in his youth. With the great French Revolution, something living, practical, and feasible appeared to him for the first time in this realm of


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376 completion of the conquest under various governors, who had their seat of government in Ḳairawān. The Spanish sub-prefects however often had an almost independent position. They resided at first at Seville, but shortly afterwards chose as the seat of government Cordova, which was thus destined for centuries to become the brilliant residence of the western Caliphate. Until its secession from the eastern main empire, and in fact for centuries afterwards, the destinies of Spain were united in the closest manner with those of Northern Africa through the Berbers, who were now settled on both sides of the Straits of Gibraltar. Thus it came that Spain, on the outbreak of Berber unrest in Northern Africa, was at once drawn into this fatal movement. The only difference was that in Northern Africa the Berbers were the subjects, who had however expected to attain an equal footing with the Arabs by the adoption of Islām, whilst in Spain the Arabs and Berbers had together conquered a foreign land, whose wealth and territory they divided. At this stage the Arabs committed the great mistake of shewing themselves too ostentatiously as the masters, i.e. in Africa they proceeded arrogantly and violently against the proud Berbers, who had cost so much trouble to subdue, whilst in Spain they allotted the Berbers the worst portion of the booty. This caused a first revolt, which was however but partial. The Berber Munusa in Northern Spain declared his independence, and entered into friendly, even family, connexions with the Duke Eudo. His call however found but little response among his countrymen, and he was put down with little trouble (729 or 730).

More serious were the developments in Africa. It was at the time of Caliph Hishām, under whom the revision of Omar's system of taxation, which had gradually become a necessity, was enforced more generally and energetically. The bureaucracy which accompanied this revision, and the Asiatic despotism which was gradually creeping in, were nowhere so unsuitable as in the mountain homes of the Berbers, who were only held in check by diplomacy and the prospect of booty. As with the Orientals in general and especially with the Berbers every national or economical opposition easily assumes a religious tinge, so it was in this case too. We have already spoken of the Khārijites, who had detached themselves from Ali after the battle of Ṣiffīn. Their doctrine was that of the absolute sovereignty of the people, who were justified at all times in deposing an unjust Caliph or Imām. We have already indicated that the Umayyads had much trouble with these people. The profession of the doctrine of the Khārijites was one of the most important forms in which the opposition against the growing despotism and the bureaucracy found expression, especially among the old-Arabian circles, just as, among the Persians, this opposition took the form of the Shī'a. With the increasing tension betwixt Umayyad troops and the Berber populace, the Khārijite ideas had an unsuspected