text: Constantinople: A Sketch of its History from its Foundation to its Conquest by the Turks in 1453/Chapter 11


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Author:Charles Lushington

Works

 * The History, Design and Present State of the Religious, Benevolent and Charitable Institutions, Founded by the British in Calcutta and Its Vicinity (1824)

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

title: Author:Charles Lushington


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 be strong motives for such an effort. The Turk, with his savagery and unbelief, was, alike to Greeks and to Latins, the immediate precursor of that awful Antichrist of whose advent in the latter days prophets and apostles had so plainly warned the Church of Christ. And Constantinople, though its grandeur and glory had faded, and though its faith in Western opinion was tainted with heresy, might still, especially at such a crisis as the present, claim to be regarded as Sion—the city of God—as well as the heir of Roman traditions and civilisation. Rome could never quite disown her as a daughter, though she might have been disobedient and refractory; still less could she see her trampled under foot by the infidel without a sense of humiliation and self-reproach.

Nor could there be much doubt that Europe possessed resources amply sufficient to save the city, and even to push back the Turk into his proper home in Asia. When we look back upon the situation, we may well accept Gibbon's opinion, that "a moderate armament of the maritime states might have saved the relics of the Roman name, and maintained a Christian fortress in the heart of the Ottoman Empire." But one soon sees that there were many substantial reasons why the effort was not made. Europe was very different from what it had been three centuries ago. The thoughts and ideas of men had greatly changed. The religious enthusiasm which had responded to the preaching of Peter the Hermit had yielded before a new class of impulses. Social and political movements were coming to the front and stirring the popular mind. It would have been difficult for an


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“the gravest and most delicate duty that this Court is called upon to perform.” Blodgett v. Holden, 275 U. S. 142, 147–148 (1927) (Holmes, J., concurring). Because the stakes are so high, our standard practice is to refrain from addressing constitutional questions except when necessary to rule on particular claims before us. See Ashwander v. TVA, 297 U. S. 288, 346–348 (1936) (Brandeis, J., concurring). This policy underlies both our willingness to construe ambiguous statutes to avoid constitutional problems and our practice “‘never to formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied.’” United States v. Raines, 362 U. S. 17, 21 (1960) (quoting Liverpool, New York & Philadelphia S. S. Co. v. Commissioners of Emigration, 113 U. S. 33, 39 (1885)).

The majority and dissent are united in expressing allegiance to these principles. Ante, at 12; post, at 14 (, J., concurring in part and dissenting in part). But I cannot agree with my dissenting colleagues on how these principles apply in this case.

The majority’s step-by-step analysis accords with our standard practice of avoiding broad constitutional questions except when necessary to decide the case before us. The majority begins by addressing—and quite properly rejecting—Citizens United’s statutory claim that 2 U. S. C. §441b does not actually cover its production and distribution of Hillary: The Movie (hereinafter Hillary). If there were a valid basis for deciding this statutory claim in Citizens United’s favor (and thereby avoiding constitutional adjudication), it would be proper to do so. Indeed, that is precisely the approach the Court took just last ''Term in Northwest Austin Municipal Util. Dist. No. One v. Holder'', 557 U. S. ___ (2009), when eight Members of the Court agreed to decide the case on statutory grounds instead of reaching the appellant’s broader argument that the Voting Rights Act is unconstitutional.


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Rh ., concurring It is only because the majority rejects Citizens United’s statutory claim that it proceeds to consider the group’s various constitutional arguments, beginning with its narrowest claim (that Hillary is not the functional equivalent of express advocacy) and proceeding to its broadest claim (that Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990) should be overruled). This is the same order of operations followed by the controlling opinion in Federal Election Comm’n v. Wisconsin Right to Life, Inc., 551 U. S. 449 (2007) (WRTL). There the appellant was able to prevail on its narrowest constitutional argument because its broadcast ads did not qualify as the functional equivalent of express advocacy; there was thus no need to go on to address the broader claim that McConnell v. Federal Election Comm’n, 540 U. S. 93 (2003), should be overruled. WRTL, 551 U. S., at 482; id., at 482–483 (, J., concurring). This case is different—not, as the dissent suggests, because the approach taken in WRTL has been deemed a “failure,” post, at 11, but because, in the absence of any valid narrower ground of decision, there is no way to avoid Citizens United’s broader constitutional argument.

The dissent advocates an approach to addressing Citizens United’s claims that I find quite perplexing. It presumably agrees with the majority that Citizens United’s narrower statutory and constitutional arguments lack merit—otherwise its conclusion that the group should lose this case would make no sense. Despite agreeing that these narrower arguments fail, however, the dissent argues that the majority should nonetheless latch on to one of them in order to avoid reaching the broader constitutional question of whether Austin remains good law. It even suggests that the Court’s failure to adopt one of these concededly meritless arguments is a sign that the majority is not “serious about judicial restraint.” Post, at 16.

This approach is based on a false premise: that our


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 eminently zealous and spirited pope to unite the Western States in anything like a Crusade against a power which as yet was not a direct menace to any one of them. There was a greater disposition to count the cost of an enterprise than there had been in the simpler and more credulous days of old. Nor was the papal throne filled by a man of any conspicuous vigour and enthusiasm. The Roman pontiff of the period, Nicholas V., in many respects worthily represented his high office; but he had neither ability nor inclination to make that supreme effort which alone could ward off the huge calamity impending over Christendom. He was not a man of action; he was a scholar, and a patron of scholars; and he spent the eight years of his pontificate in quietly collecting manuscripts of the classics, and in forming a library. He seems indeed to have felt that it was his duty to do something for the Greeks in their distress, and "he had it in his mind"—so it is courteously expressed by a writer of the time—"to help them." But his heart was clearly not in the matter. He did not in fact like the Greeks. Their duplicity towards the Latin Church, and their unwillingness to cast off their heresy and to unite themselves with Western Christendom on the prescribed conditions, had disgusted him. He had even gone so far as to prophesy their downfall and the conquest of their capital. We have to thank him that, as soon as he saw his prophecy accomplished, he did his best to rescue the relics of the Byzantine libraries; but it occurs to us to ask, with something of reproach, whether he might not have been the means of preserving for us the con-


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practice of avoiding unnecessary (and unnecessarily broad) constitutional holdings somehow trumps our obligation faithfully to interpret the law. It should go without saying, however, that we cannot embrace a narrow ground of decision simply because it is narrow; it must also be right. Thus while it is true that “[i]f it is not necessary to decide more, it is necessary not to decide more,” post, at 14 (internal quotation marks omitted), sometimes it is necessary to decide more. There is a difference between judicial restraint and judicial abdication. When constitutional questions are “indispensably necessary” to resolving the case at hand, “the court must meet and decide them.” Ex parte Randolph, 20 F. Cas. 242, 254 (No. 11, 558) (CC Va. 1833) (Marshall, C. J.).

Because it is necessary to reach Citizens United’s broader argument that Austin should be overruled, the debate over whether to consider this claim on an as applied or facial basis strikes me as largely beside the point. Citizens United has standing—it is being injured by the Government’s enforcement of the Act. Citizens United has a constitutional claim—the Act violates the First Amendment, because it prohibits political speech. The Government has a defense—the Act may be enforced, consistent with the First Amendment, against corporations. Whether the claim or the defense prevails is the question before us.

Given the nature of that claim and defense, it makes no difference of any substance whether this case is resolved by invalidating the statute on its face or only as applied to Citizens United. Even if considered in as-applied terms, a holding in this case that the Act may not be applied to Citizens United—because corporations as well as individuals enjoy the pertinent First Amendment rights— would mean that any other corporation raising the same challenge would also win. Likewise, a conclusion that the Act may be applied to Citizens United—because it is


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Page:The Works of John Locke - 1823 - vol 03.djvu/366

 Hæretici.] V. 13. 16.

rata, quasi lex est, qui hoc sciunt, quod docentur. Hæretici ergo sunt, sed non scientes. Denique apud nos sunt hæretici, apud se non sunt. Nam in tantum se catho- licos esse judicant, ut nos ipsos titulo hæreticæ appellationis infament. Quod ergo illi nobis sunt et hoc nos illis. Nos eos injuriam divinæ generationi facere certi sumus, quod minorem Patre Filium dicant. Illi nos injuriosos Patri existimant, quia gequales esse credamus. Veritas apud nos est; sed illi apud se esse præsumunt. Honor Dei apud nos est: sed illi hoc arbi- trantur, honorem divinitatis esse quod credunt. Inofficiosi sunt, sed illis hoc est summum re- ligionis officium. Impii sunt, sed hoc putant esse veram pietatem. Errant ergo, sed bono animo errant, non odio sed affectu Dei, ho- norare se Dominum atque amare credentes. Quamvis non habeant rectam fidem, illi ta- men hoc perfectam Dei æstimant caritatem. Qualiter pro hoc ipso falsæ opinionis errore in die judicii puniendi sunt, nullus scire potest nisi Judex. Interim idcirco eis, ut reor, pa- tientiam Deus commodat, quia videt eos, etsi non rectè credere, affectu tamen piæ opinionis errare." Salvinus.

This bishop speaks here of the Arian Goths and Vandals: "They are, says he, Barbarians, who have no tincture of the Roman politeness, and who are ignorant of what is very com- monly known among other men, and only know what their doctors have taught them, and follow what they have heard them say. Men so ignorant as these find themselves un- der a necessity of learning the mysteries of the gospel, rather by the instructions that are given them, than by books.

"The tradition of their doctors and the re- ceived doctrines are the only rule they follow, because they know nothing but what they have taught them. They are then heretics,


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Rh constitutional to prohibit corporate political speech— would similarly govern future cases. Regardless whether we label Citizens United’s claim a “facial” or “as-applied” challenge, the consequences of the Court’s decision are the same.1

The text and purpose of the First Amendment point in the same direction: Congress may not prohibit political speech, even if the speaker is a corporation or union. What makes this case difficult is the need to confront our prior decision in Austin.

This is the first case in which we have been asked to overrule Austin, and thus it is also the first in which we have had reason to consider how much weight to give stare decisis in assessing its continued validity. The dissent erroneously declares that the Court “reaffirmed” Austin’s holding in subsequent cases—namely, Federal Election Comm’n v. Beaumont, 539 U. S. 146 (2003); McConnell; and WRTL. Post, at 48–50. Not so. Not a single party in any of those cases asked us to overrule Austin, and as the dissent points out, post, at 4–6, the Court generally does not consider constitutional arguments that have not properly been raised. Austin’s validity was therefore not directly at issue in the cases the dissent cites. The Court’s unwillingness to overturn Austin in those cases cannot be understood as a reaffirmation of that decision.

Fidelity to precedent—the policy of stare decisis—is vital


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Rh “The boy who first comes to school in the morning receives one stroke of the cane on the palm of the hand, the next receives two strokes, and so each in succession, as he arrives, receives a number of strokes equal to the number of boys that preceded him,—the first being the privileged administrator of them all.“

On the tricks played on the Guru Mahashay.—“In preparing his hookah, it is a common trick for the boys to mix the tobacco with chillies and other pungent ingredients; so that when he smokes, he is made to cough violently, while the whole school is convulsed with laughter;—or, beneath the mat on which he sits, may be strewn thorns and sharp prickles, which soon display their effects in the contortions of the crest-fallen and discomfited master or, at night, he is way-laid by his pupils, who, from their concealed position in a tree, or thicket, or behind a wall, pelt him well with pebbles, bricks, or stones;—or, once more, they rehearse doggerel songs, in which they implore the gods, and more particularly Kali, to remove him by death—vowing, in the event of the prayer being heard, to present offerings of sugar and cocoanuts.“

On the plans for escaping from School.—“The boys have cunning plans for escaping from school: To throw boiled rice on domestic vessels ceremonially defiles them;—hence, when a boy is bent on a day’s release from school, he peremptorily disobeys his admonishing mother, saying. No; if you insist on my going, I shall throw about the boiled rice—a threat which usually gains him the victory. If a person of a different caste, or unbathed, or with shoes on his feet, touched the boiled rice or pot of another, it is polluted;—hence, when a boy effects his escape from school, he often hastens to some kitchen, touches the boiled rice, or the pots in which it has been boiled, and thus becomes himself polluted; and until he bathes, no one can touch or seize him without being polluted too. A temporary impunity is thus secured. At other times the boy finds his way to filthy and unclean places, where he remains for hours or a whole day, defying the master and his emissaries to touch him—knowing full well that they cannot do so without partaking of his own contracted pollution. So determined are boys to evade the torturous system of discipline that, in making good their escape, they often wade or swim through tanks, or along the current of running drains, with a large earthen pot over their heads, so that the suspicion of passers by, or of those in a suit, is not even excited—seeing that nought appears on the surface but floating pot;—or they run off and climb into the loftiest neighbouring tree, where they laugh to scorn the efforts of their assailants to dislodge them. In the recent case of one personally known to our informant, the runaway actually remained for three days on the top of a cocoanut tree, vigorously hurling the cocoanuts, as missiles, at the heads of all who attempted to ascend for the purpose of securing him.”

Such were the Schools,—no wonder Mr. Adam concludes his study with the following remarks:—

“I cannot, however, expect that the reading of the report should convey the impressions which I have received from daily witnessing the mere animal-life to which ignorance consigns its victims, unconscious of any wants or enjoyments beyond those which they participate with the beasts of the field—unconscious of any of the higher purposes for which existence has been bestowed, society has been constituted, and government is exercised. I am not acquainted with any facts which permit me to suppose that, in any other country subject to an enlightened government, and brought into direct and immediate contact with European civilization, in an equal population, there is an equal amount of ignorance with that which has been shewn to exist in this district. While ignorance is so extensive, can it be matter of wonder that poverty is extreme, that industry languishes,


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 68

Knowledge of the

Book 4. our comprehension infinite, or God finite, when what we can do is limited to what we can conceive of it. If you do not understand the operations of your own finite mind, that thinking thing within you, do not deem it strange, that you cannot comprehend the operations of that eternal infinite mind, who made and governs all things, and whom the heaven of heavens cannot contain.

CHAPTER XI.

Of our Knowledge of the Existence of other Things,

It is to be had only by sensation.

§ 1. The knowledge of our own being we have by intuition. The existence of a God reason clearly makes known to us, as has been shown.

The knowledge of the existence of any other thing we can have only by sensation: for there being no necessary connexion of real existence with any idea a man hath in his memory, nor of any other existence but that of God, with the existence of any particular man; no particular man can know the existence of any other being, but only when by actual operating upon him it makes itself perceived by him. For the having the idea of any thing in our mind no more proves the existence of that thing, than the picture of a man evidences his being in the world, or the visions of a dream make thereby a true history.

Instance, whiteness of this paper.

§ 2. It is therefore the actual receiving of ideas from without, that gives us notice of the existence of other things, and makes us know that something doth exist at that time without us, which causes that idea in us, though perhaps we neither know nor consider how it does it:


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 tents of those libraries, so far as they had survived the rough treatment of the city at the hands of the Latin Crusaders? Nor can we avoid the reflection that, had he acted—as was surely his duty—with more decision and promptitude, we might possibly have been spared that entail of perplexity and misery which we describe, and perhaps shall long have to describe, as "the Eastern question."

It may, however, be fairly admitted that Nicholas V. could not have seen much to encourage him in the general sentiments and attitude of Europe. He could hardly have appealed with much effect to England or to France. England, even if its people could have been brought to see and understand the nature of the crisis, which, in the absence of a powerful wave of religious enthusiasm, would have been hardly possible, was in the agony of a civil strife that absorbed all its energies. The rival Houses of York and Lancaster were infinitely more to the English people than the peril of a remote city on the Bosporus, which to nine-tenths of them must have been a mere name, could possibly be. France, indeed, might have been reasonably expected to feel that she had some interest, if not a very direct one, in saving Christendom from infidels and barbarians; and the French generally would have been fairly well acquainted with the name of Constantinople, and able in some degree to appreciate what the city represented, and the duty and importance of its preservation. Such an enterprise, if urged and encouraged by the pope, might have seemed to them honourable and glorious, and we can imagine


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12 2009). But while invoking stare decisis to support this position, the Government never once even mentions the compelling interest that Austin relied upon in the first place: the need to diminish “the corrosive and distorting effects of immense aggregations of wealth that are accumulated with the help of the corporate form and that have little or no correlation to the public’s support for the corporation’s political ideas.” 494 U. S., at 660.

Instead of endorsing Austin on its own terms, the Government urges us to reaffirm Austin’s specific holding on the basis of two new and potentially expansive interests—the need to prevent actual or apparent quid pro quo corruption, and the need to protect corporate shareholders. See Supp. Brief for Appellee 8–10, 12–13. Those interests may or may not support the result in Austin, but they were plainly not part of the reasoning on which Austin relied.

To its credit, the Government forthrightly concedes that Austin did not embrace either of the new rationales it now urges upon us. See, e.g., Supp. Brief for Appellee 11 (“The Court did not decide in Austin . . . whether the compelling interest in preventing actual or apparent corruption provides a constitutionally sufficient justification for prohibiting the use of corporate treasury funds for independent electioneering”); Tr. of Oral Arg. 45 (Sept. 9, 2009) (“Austin did not articulate what we believe to be the strongest compelling interest”); id., at 61 (“[The Court:] I take it we have never accepted your shareholder protection interest. This is a new argument. [The Government:] I think that that’s fair”); id., at 64 (“[The Court:] In other words, you are asking us to uphold Austin on the basis of two arguments, two principles, two compelling interests we have never accepted in [the context of limits on political expenditures]. [The Government:] [I]n this particular context, fair enough”).

To be clear: The Court in Austin nowhere relied upon the only arguments the Government now raises to support


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 that they might have been persuaded to embark on it. It is true that they were no longer animated by the old spirit of the Crusades, but French chivalry was still formidable and famous, and French volunteers, at the bidding of Pope Eugenius, had fought side by side with Poles and Hungarians in the battle of Varna. France, however, was thoroughly occupied with its own affairs. It had been brought very low by its recent struggle with England, and by its great defeat at Agincourt. Now it was recovering itself. England's domestic calamities during the Wars of the Roses were France's opportunity. Normandy from this time became once for all French territory, and King Charles VII. had the satisfaction of seeing his kingdom strengthened and consolidated. With this he was content, and having plenty of occupation at home, he was not likely to be moved to undertake a costly foreign expedition, which must have been a grievous hindrance to the progress his country was now making. Had the pope called on France for an effort, we may be sure that only a few French knights and gentlemen would have answered his appeal. Might he not have looked to Germany? There indeed was a country which could have sent forth a numerous and well-equipped host, powerful enough, we should suppose, to have thrust the Turk out of Europe; but it was a country divided into a number of kingdoms and principalities, and its people, though brave and warlike, were slow to move. The thing might perhaps have been accomplished if a man of spirit and energy had been its head. In the thirteenth century, when European civilisation was threatened by


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 the Tartar hordes, and the barbarian inroads had reached Austria, the emperor, Frederic II., had very plainly pointed out to the kings of Europe and to the German princes the expediency of uniting their arms against the common enemy. Before the chivalry of France and Germany the savage multitude fell back into the remote wilds of Russia, and Western Europe was saved. It could hardly be said that the present peril was less pressing. Should the Turk wrest Constantinople from the Greeks, he would at once be entrenched in a position from which he would be able at any time to disquiet and alarm Christendom, and from which it would be next to impossible to dislodge him. But from Germany little was to be expected. It had a head no way fitted for the occasion. The emperor, Frederic III., was himself as tame and peace-loving as the Roman pontiff. Indeed, his chief claim to distinction is that he was the last of the German emperors who, by being crowned at Rome, acknowledged the pope's right to confirm the imperial title.

Bordering on Germany were the kingdoms of Poland and Hungary. These had a clear interest in making a stand against Turkish encroachment and they proved an effectual barrier. But for their resolute resistance, the Turk might have considerably enlarged his dominions in Europe, and have established himself for at least a long period in Southern Germany. No people could be braver and more warlike than the Poles and Hungarians, who in this respect justified their affinity to the ancient Scythians; but their country was very poor, and a well


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14 new arguments must stand or fall on their own; they are not entitled to receive the special deference we accord to precedent. They are, as grounds to support Austin, literally unprecedented. Moreover, to the extent the Government relies on new arguments—and declines to defend Austin on its own terms—we may reasonably infer that it lacks confidence in that decision’s original justification.

Because continued adherence to Austin threatens to subvert the “principled and intelligible” development of our First Amendment jurisprudence, Vasquez, 474 U. S., at 265, I support the Court’s determination to overrule that decision.

We have had two rounds of briefing in this case, two oral arguments, and 54 amicus briefs to help us carry out our obligation to decide the necessary constitutional questions according to law. We have also had the benefit of a comprehensive dissent that has helped ensure that the Court has considered all the relevant issues. This careful consideration convinces me that Congress violates the First Amendment when it decrees that some speakers may not engage in political speech at election time, when it matters most.


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11 might unduly influence “the market for legislation.” Post, at 82. The dissent reads Austin to permit restrictions on corporate speech based on nothing more than the fact that the corporate form may help individuals coordinate and present their views more effectively. Post, at 82. A speaker’s ability to persuade, however, provides no basis for government regulation of free and open public debate on what the laws should be.

If taken seriously, Austin’s logic would apply most directly to newspapers and other media corporations. They have a more profound impact on public discourse than most other speakers. These corporate entities are, for the time being, not subject to §441b’s otherwise generally applicable prohibitions on corporate political speech. But this is simply a matter of legislative grace. The fact that the law currently grants a favored position to media corporations is no reason to overlook the danger inherent in accepting a theory that would allow government restrictions on their political speech. See generally McConnell, supra, at 283–286 (, J., concurring in part, concurring in judgment in part, and dissenting in part).

These readings of Austin do no more than carry that decision’s reasoning to its logical endpoint. In doing so, they highlight the threat Austin poses to First Amendment rights generally, even outside its specific factual context of corporate express advocacy. Because Austin is so difficult to confine to its facts—and because its logic threatens to undermine our First Amendment jurisprudence and the nature of public discourse more broadly—the costs of giving it stare decisis effect are unusually high.

Finally and most importantly, the Government’s own effort to defend Austin—or, more accurately, to defend something that is not quite Austin—underscores its weakness as a precedent of the Court. The Government concedes that Austin “is not the most lucid opinion,” yet asks us to reaffirm its holding. Tr. of Oral Arg. 62 (Sept. 9,


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Rh that decision. In fact, the only opinion in Austin endorsing the Government’s argument based on the threat of quid pro quo corruption was concurrence. 494 U. S., at 678. The Court itself did not do so, despite the fact that the concurrence highlighted the argument. Moreover, the Court’s only discussion of shareholder protection in Austin appeared in a section of the opinion that sought merely to distinguish Austin’s facts from those of Federal Election Comm’n v. Massachusetts Citizens for Life, Inc., 479 U. S. 238 (1986). Austin, supra, at 663. Nowhere did Austin suggest that the goal of protecting shareholders is itself a compelling interest authorizing restrictions on First Amendment rights.

To the extent that the Government’s case for reaffirming Austin depends on radically reconceptualizing its reasoning, that argument is at odds with itself. Stare decisis is a doctrine of preservation, not transformation. It counsels deference to past mistakes, but provides no justification for making new ones. There is therefore no basis for the Court to give precedential sway to reasoning that it has never accepted, simply because that reasoning happens to support a conclusion reached on different grounds that have since been abandoned or discredited.

Doing so would undermine the rule-of-law values that justify stare decisis in the first place. It would effectively license the Court to invent and adopt new principles of constitutional law solely for the purpose of rationalizing its past errors, without a proper analysis of whether those principles have merit on their own. This approach would allow the Court’s past missteps to spawn future mistakes, undercutting the very rule-of-law values that stare decisis is designed to protect.

None of this is to say that the Government is barred from making new arguments to support the outcome in Austin. On the contrary, it is free to do so. And of course the Court is free to accept them. But the Government’s


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 armed standing army was an impossibility for them. Domestic feuds, too, continually divided and distracted them, and only a king or chief of exceptional vigour could handle such material with much effect. They were able and willing to defend themselves against an invader, but it could hardly have been reasonable to expect that they would follow up and crush the invader on his own ground and rescue distant cities and countries from his grasp. For this they had not sufficient discipline and organisation. Their best arm was their light cavalry, conspicuous for its reckless dash; with this alone and unsupported they would have been no match for the strength and cohesion of such an army as Amurath could bring into the field. They had, however, at this time a brave young soldier-king in Ladislaus, and under him Poles and Hungarians were united. They had, too, a far greater man in the famous hero, John Huniades, the terror of the Turks, who has earned the everlasting gratitude of all Christian nations by his rescue of Belgrade from the clutches of the terrible conqueror of Constantinople. Christendom, shocked and dismayed by the fall of the capital of the East, and by the subsequent triumphs of the infidel, could after that achievement breathe more freely. But the resources of these Poles and Hungarians did not allow them to raise anything more than what the Romans called a "tumultuary" army, and such a force alone would clearly not have been equal to the occasion. There still remained the rich and powerful republics of Venice and Genoa. These maritime powers could do much, if they chose, and


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6 System preceded by so much of the laws of motion, of attraction and gravity, as might be necessary to render the solar system plain and intelligible. These ideas, however, should not be communicated in the form of a treatise, but in that of simple axioms delivered in short and perspicuous sentences. A compendious view of Geography, and a number of popular truths and facts relative to Natural Philosophy were taught. In the present improved state of knowledge a thousand things have been ascertained relative to light, heat, air, water, to meteorology, mineralogy, chemistry, and natural history, of which the ancients had but a partial knowledge, and of which the natives of the east have as yet scarcely the faintest idea. These facts, now so clearly ascertained, could be conveyed in a very short compass of language, although the process of reasoning, which enables the mind to account for them, occupies many volumes. Imparting to them that knowledge relative to themselves, to their responsibility for their actions, their state both here and hereafter, and the grand principles of piety, justice, and humanity, which may leaven their minds from their earliest youth.” Tables printed in large type and pasted on boards were to be suspended round the room, and to be used for reading exercises. One peculiarity of the plan was—

"“Instruction of a higher order was to be given from dictation. The monitor, with the text book in his hand, was to pronounce a portion of each sentence audibly and deliberately, each boy writing it down in his copy book. When the lesson of the day was completed, it was to be revised by the monitor, and the number of errors inserted at the foot of the page. Each boy was then to read it aloud in succession, sentence by sentence. The advantages of this scheme of instruction were obvious; one printed book served for a dozen children; they made progress in penmanship and orthography, and also acquired a facility of reading and writing their own language. A spirit of animation and emulation was created, and instruction was combined with pleasure. The most important facts and truths, thus written from dictation and read over three or four times, could not fail to remain deeply impressed on the memory.”"

The expense of each School was reckoned at 16 rupees a month. They were successful; 100 Schools were established among the Natives; in the first year 8,000 rupees were received in subscriptions and donations.

“They had established an experimental Normal School at, in which the masters then employed by them had been, to a certain extent, trained to their new duties. The first school opened on this plan was at the village of Nabobgunge, about four miles distant from Serampore. To conciliate the inhabitants, they had been desired to select a master themselves, whom they sent to the training school. Village after village had followed the example, and despatched the individual of their choice for instruction to Serampore. Nineteen schools had been established within the circle of a few miles, and all at the request of the people themselves. In some instances, men of influence had offered their own houses, and in other cases the family temple, for a school-room; houses had in some places been erected by men of property in the hope that they would be rented. Children were attracted to the schools from the most respectable families,


text: Author:Meredith Davis

title: Author:Meredith Davis


text:
Author talk:Meredith Davis

About
This - https://tellersofweirdtales.blogspot.com/search?q=Meredith+Davis - says 1887 - 1934 -- Beardo (talk) 11:16, 13 October 2023 (UTC)

title: Author talk:Meredith Davis


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 prompt and efficient aid might surely be expected from them. And they had strong motives for doing their utmost to save the last remnant of the Greek Empire. As great commercial communities, they had a direct interest in preserving for the Greeks the city which, as the principal depot of Eastern trade, was one of the main sources of their own wealth. It must, one would suppose, have been well worth their while to have strained their resources to the uttermost for the defence of Constantinople. Something indeed they did, but it was small compared with what by vigorous united action, and in the absence of jealousies and misunderstandings, might certainly have been accomplished. The decisive success which a small Genoese squadron achieved against the entire Turkish fleet during the siege, seems to imply that the will was wanting rather than the ability. Venice and Genoa might well, we are tempted to believe, have saved the city. That with the aid of the Western powers they could have done it, hardly admits of a question. But the aid was not forthcoming, and we have seen some of the reasons why it could not easily have been rendered. At the same time it was absolutely certain that Constantinople must fall without such aid, if the young sultan who succeeded Amurath was both able and aggressive.

Left to its own resources, the city was comparatively weak. Its defences had the reputation of being all but impregnable, and as a matter of fact they proved extremely formidable to the assailant. Phranza describes the landward defence as consisting of two walls, twenty


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10 Politics: Justice Marshall’s Jurisprudence on Law and Politics, 52 Howard L. J. 655, 669 (2009) (Austin “has been understood by most commentators to be an opinion driven by equality considerations, albeit disguised in the language of ‘political corruption’”) with post, at 74 (Austin’s rationale “is manifestly not just an ‘equalizing’ ideal in disguise”).

It should not be surprising, then, that Members of the Court have relied on Austin’s expansive logic to justify greater incursions on the First Amendment, even outside the original context of corporate advocacy on behalf of candidates running for office. See, e.g., Davis v. Federal Election Comm’n, 554 U. S. ___, ___ (2008) (slip op., at 7–8) (STEVENS, J., concurring in part and dissenting in part) (relying on Austin and other cases to justify restrictions on campaign spending by individual candidates, explaining that “there is no reason that their logic—specifically, their concerns about the corrosive and distorting effects of wealth on our political process—is not equally applicable in the context of individual wealth”); McConnell, supra, at 203–209 (extending Austin beyond its original context to cover not only the “functional equivalent” of express advocacy by corporations, but also electioneering speech conducted by labor unions). The dissent in this case succumbs to the same temptation, suggesting that Austin justifies prohibiting corporate speech because such speech


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 five feet in breadth, separated by an interval of thirty-two feet, and strengthened at numerous points by towers covered with a facing of lead. Approach to the outer wall was cut off by a wide and deep fosse. The inner wall was not in a thoroughly sound condition. It had been neglected, and what was worse, money intended for its repair had been misappropriated by the officials who had charge of the business. It might, it would seem, have been made an almost insuperable barrier against any enemy in the world. As it was, the walls were barely equal to sustaining the weight of the heavier pieces of ordnance which ought to have been mounted on them. Here was plain evidence of a neglect and apathy at such a time to the last degree base and criminal.

Had, however, the fortifications been perfect, there were not men in the city to garrison them. At the period of the Latin conquest the population was perhaps half a million; now it had dwindled down to a hundred thousand, and of those certainly not more than seven or eight thousand could have passed as able-bodied soldiers. The two last centuries had been centuries of a miserable decline in all respects, and the latter half of the fourteenth century in particular had been a time of very rapid decay. Of this the Greeks themselves were distinctly conscious, and, as is the way with declining nations, they adopted foreign fashions, and borrowed the manners of Italians, Genoese, Venetians, and even of Turks. What remnant of empire they still possessed was for the most part occupied by a thin and poverty


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Rh {{c|{{sc|Roberts C. J.,}} concurring tion of the idea that “speech that otherwise would be within the protection of the First Amendment loses that protection simply because its source is a corporation.” 435 U. S., at 784. The dissent correctly points out that Bellotti involved a referendum rather than a candidate election, and that Bellotti itself noted this factual distinction, id., at 788, n. 26; post, at 52. But this distinction does not explain why corporations may be subject to prohibitions on speech in candidate elections when individuals may not.

Second, the validity of Austin’s rationale—itself adopted over two “spirited dissents,” Payne, 501 U. S., at 829—has proved to be the consistent subject of dispute among Members of this Court ever since. See, e.g., WRTL, 551 U. S., at 483 (SCALIA, J., joined by {{sc|Kennedy}} and {{sc|Thomas}}, JJ., concurring in part and concurring in judgment); McConnell, 540 U. S., at 247, 264, 286 (opinions of {{sc|Scalia}}, {{sc|Thomas}}, and{{sc|Kennedy}}, JJ.); Beaumont, 539 U. S., at 163, 164 (opinions of {{sc|Kennedy}} and {{sc|Thomas}}, JJ.).

Third, the Austin decision is uniquely destabilizing because it threatens to subvert our Court’s decisions even outside the particular context of corporate express advocacy. The First Amendment theory underlying Austin’s holding is extraordinarily broad. Austin’s logic would authorize government prohibition of political speech by a category of speakers in the name of equality—a point that most scholars acknowledge (and many celebrate), but that the dissent denies. Compare, e.g., Garrett, New Voices in


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 them grouping themselves into two equal classes, the one devoted to Harvey and his labours, the other to some topic connected with modern discovery and research.

Among those who have chosen to discourse of Harvey, some (like my immediate predecessor Dr. West), have set him before us in “ his habit as he lived others (among whom Dr. Rolleston deserves special mention, as having made an important discovery bearing on the question of Harvey’s originality) have maintained Harvey’s claim to be considered the real discoverer of the circulation; and one (I speak of my friend and former colleague. Dr. Arthur Farre), handling a subject of which he is an acknowledged master, showed us how Harvey, in his treatise on Generation, displayed the same ability as in that great discovery with which his name is more generally associated.

It is with this class of Harveian Orators that I elect to associate myself; and the more willingly, as certain physiological questions connected with the circulation were the first of a strictly scientific character which attracted my own attention.

Harvey entered on his work of discovery with some considerable advantages. He came of a


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 were, in a labyrinth from which he can only extricate himself by using greater and daily diligence, by performing frequent vivisections of a variety of animals, and by the collation of numerous observations. Having by these means discovered “ both the motion and use of the heart and arteries,” he proceeds to enlighten not only his friends, but the public also in his anatomical lectures, after the manner of the academy of old.

But Harvey, though he does not tell us when he first began to suspect the true state of things, lets us into the secret of the process of thought by which he attained to his grand inference. He surveys his mass of evidence drawn from vivisections, and his reflections on them, on the structure of the heart and of its ventricles, on the symmetry and size of the conduits which enter into and issue from them, on the arrangement and intimate structure of the valves, with many things besides; and then frequently and seriously revolving in his mind what might be the quantity of blood transmitted, in what time, and the like, and deeming it impossible that this quantity could be supplied by the juices of the ingested aliment, without draining the veins on the one hand, or


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 faculties fail him there. He is not only obscure but inconsistent, reproving in others what he allows in himself; over and over again speaking of occult forces as being of the essence of the stars, and yet objecting to other men that “they bring gods upon the scene” that they “encumber philosophy with fanciful conceits” and derive from the stars what is produced at home. Sometimes too, but, it must be confessed not often, Harvey seems to promote to the place of a personal God, whose existence, and attributes, as Creator and Preserver, he humbly recognises, some mysterious impersonal force. Harvey has also been accused of credulity in accepting the evidence of an eye-witness (an intimate friend) respecting the existence in Borneo of a race of human beings with tails; and in attributing the-dispersion of certain tumours to the application of a dead man's hand. Our authority for this last statement is Robert Boyle, who says that Harvey told him he had sometimes tried this strange remedy “ fruitlessly, but often with good success." It is to Boyle, too, that we are indebted for the information, derived, as he tells us, from Harvey himself, that his dissection of the valves of the veins led him to the discovery of the cir-


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 the household divinity which nourishes, cherishes, quickens the whole body—the foundation of life, the source of all action.

I stop for a moment to remark that, at the time Harvey wrote, nearly a century and a half was yet to elapse ere the chemical discoveries of Priestley superseded poetry by fact, and transferred to the laboratory of the lungs those life-giving changes which Harvey and his contemporaries thought they saw carried on in the workshop of the heart.

The consideration that inspired this poetic outburst of Harvey’s was this—that the quantity of blood, circling through the body in some given short space of time, is far too large to be supplied by the ingesta, or used up in the process of nutrition. Harvey had gauged the left ventricle of the heart, and found it to hold upwards of two ounces of blood; and reducing his estimate of the quantity sent out at each contraction and prevented from returning by the action of the valves, to the absurdly low figure of one drachm (and all the world, he says, allows that with every systole something is projected), he calculates thus: —In half an hour, the heart beats more than 2000 times, and so sends forth in that short space of time more blood


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 inferred, with Erasistratus, that the arteries contained only “ aerial spirits” Harvey begins his work of correction by observing that this empty state of the arterial system occurs only in that kind of death which begins in the lungs, not when the heart ceases to beat and the lungs to act at the same moment of time, as happens in more than one form of sudden death. A universal truth had therefore been assumed from a common, but still only an occasional, occurrence. And these “aerial spirits,” with which the imagination had peopled the arterial system, what were they? What their consistency? Are they separate and distinct from the blood and the solids, or mingled with them? Harvey had never been able to find any of them—neither natural spirits in the veins, nor vital spirits in the arteries, nor animal spirits in the brain or nerves. The ancients, need I say? never found an empty space in brain, heart, or arteries, but, convinced of Nature’s horror of a vacuum, they filled it with spirits. Indeed, they fancied as many spirits as there are faculties or organs. But Harvey saw in these creations of the fancy “the common subterfuge of ignorance,” alleging that “persons of limited information” used


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 THE HARVEIAN ORATION.

1875.

PRESIDENT AND FELLOWS,

More than two eenturies ago (it was some time in the month of July, 1656, nine years therefore before the great Plague, and ten before the great Fire of London), the old College of Physicians, at Amen Corner, was the seene of a most touching eeremony. In the library of the "noble building " which he had ereeted at his own cost, furnished, supplied with books objects of euriosity and surgical instruments, and three years previously presented to the College, William Harvey met the Fellows, his colleagues friends and pupils, for the last time. Bent beneath the weight of nearly fourseore years, worn by repeated attacks of a painful malady, "not only far stricken in years, " but "afflieted with more and more indifferent health," conseious that his life must be drawing to a elose


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6 to the proper exercise of the judicial function. “Stare decisis is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” Payne v. Tennessee, 501 U. S. 808, 827 (1991). For these reasons, we have long recognized that departures from precedent are inappropriate in the absence of a “special justification.” Arizona v. Rumsey, 467 U. S. 203, 212 (1984).

At the same time, stare decisis is neither an “inexorable command,” Lawrence v. Texas, 539 U. S. 558, 577 (2003), nor “a mechanical formula of adherence to the latest decision,” Helvering v. Hallock, 309 U. S. 106, 119 (1940), especially in constitutional cases, see United States v. Scott, 437 U. S. 82, 101 (1978). If it were, segregation would be legal, minimum wage laws would be unconstituional, and the Government could wiretap ordinary criminal suspects without first obtaining warrants. See Plessy v. Ferguson, 163 U. S. 537 (1896), overruled by Brown v. Board of Education, 347 U. S. 483 (1954); Adkins v. Children’s Hospital of D. C., 261 U. S. 525 (1923), overruled by West Coast Hotel Co. v. Parrish, 300 U. S. 379 (1937); Olmstead v. United States, 277 U. S. 438 (1928), overruled by Katz v. United States, 389 U. S. 347 (1967). As the dissent properly notes, none of us has viewed stare decisis in such absolute terms. Post, at 17; see also, e.g., Randall v. Sorrell, 548 U. S. 230, 274–281 (2006) (, J., dissenting) (urging the Court to overrule its invalidation of limits on independent expenditures on political speech in Buckley v. Valeo, 424 U. S. 1 (1976) (per curiam)).

Stare decisis is instead a “principle of policy.” Helvering, supra, at 119. When considering whether to reexamine a prior erroneous holding, we must balance the importance of having constitutional questions decided against the importance of having them decided right. As Justice


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text: The Earliest English Translations of Bürger's Lenore: a Study in English and German Romanticism/Chapter 8/Leonora by W. R. Spencer


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8 reasoning has become so discredited that the Court cannot keep the precedent alive without jury-rigging new and different justifications to shore up the original mistake. See, e.g., Pearson v. Callahan, 555 U. S. ___, ___ (2009) (slip op., at 10); Montejo v. Louisiana, 556 U. S. ___, ___ (2009) (slip op., at 13) (stare decisis does not control when adherence to the prior decision requires “fundamentally revising its theoretical basis”).

These considerations weigh against retaining our decision in Austin. First, as the majority explains, that decision was an “aberration” insofar as it departed from the robust protections we had granted political speech in our earlier cases. Ante, at 39; see also Buckley, supra; ''First Nat. Bank of Boston v. Bellotti'', 435 U. S. 765 (1978). Austin undermined the careful line that Buckley drew to distinguish limits on contributions to candidates from limits on independent expenditures on speech. Buckley rejected the asserted government interest in regulating independent expenditures, concluding that “restrict[ing] the speech of some elements of our society in order to enhance the relative voice of others is wholly foreign to the First Amendment.” 424 U. S., at 48–49; see also Bellotti, supra, at 790–791; Citizens Against Rent Control/Coalition for Fair Housing v. Berkeley, 454 U. S. 290, 295 (1981). Austin, however, allowed the Government to prohibit these same expenditures out of concern for “the corrosive and distorting effects of immense aggregations of wealth” in the marketplace of ideas. 494 U. S., at 660. Austin’s reasoning was—and remains—inconsistent with Buckley’s explicit repudiation of any government interest in “equalizing the relative ability of individuals and groups to influence the outcome of elections.” 424 U. S., at 48–49.

Austin was also inconsistent with Bellotti’s clear rejec-


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Talk:The European Magazine

Structure
Currently, I think the only transcluded pages are:
 * The European Magazine/Volume 1
 * The European Magazine/Volume 1/Number 4
 * The European Magazine/Volume 1/Number 4/The Hive

But I don't think the issues are numbered, which could make this approach a bit confusing, especially if the issue numbering was continued between volumes (e.g. trying to work out what the issue number was for one of the later volumes).

Would anyone object if I renamed these in line with the first example given at Periodical guidelines, replacing Number # with the date of the issue, so:
 * The European Magazine/Volume 1
 * The European Magazine/Volume 1/April 1782
 * The European Magazine/Volume 1/April 1782/The Hive

-- Yodin T 11:55, 13 October 2023 (UTC)

 * @Beleg Tâl: looking at the page histories, I think you'd created these to make The European Magazine/Volume 1/Number 4/The Hive a properly scan-backed work? Do you mind if I rename these, or would you rather they stayed as they are? -- Yodin T 15:44, 14 October 2023 (UTC)
 * That is correct, and if you have a better structure in mind please feel free to implement it :) —Beleg Tâl (talk) 23:11, 15 October 2023 (UTC)
 * Thanks :) ✅ -- Yodin T 10:30, 16 October 2023 (UTC)

title: Talk:The European Magazine


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Rh Jackson explained, this requires a “sober appraisal of the disadvantages of the innovation as well as those of the questioned case, a weighing of practical effects of one against the other.” Jackson, Decisional Law and Stare Decisis, 30 A. B. A. J. 334 (1944).

In conducting this balancing, we must keep in mind that stare decisis is not an end in itself. It is instead “the means by which we ensure that the law will not merely change erratically, but will develop in a principled and intelligible fashion.” Vasquez v. Hillery, 474 U. S. 254, 265 (1986). Its greatest purpose is to serve a constitutional ideal—the rule of law. It follows that in the unusual circumstance when fidelity to any particular precedent does more to damage this constitutional ideal than to advance it, we must be more willing to depart from that precedent.

Thus, for example, if the precedent under consideration itself departed from the Court’s jurisprudence, returning to the “ ‘intrinsically sounder’ doctrine established in prior cases” may “better serv[e] the values of stare decisis than would following [the] more recently decided case inconsistent with the decisions that came before it.” Adarand Constructors, Inc. v. Peña, 515 U. S. 200, 231 (1995); see also Helvering, supra, at 119; Randall, supra, at 274 (, J., dissenting). Abrogating the errant precedent, rather than reaffirming or extending it, might better preserve the law’s coherence and curtail the precedent’s disruptive effects.

Likewise, if adherence to a precedent actually impedes the stable and orderly adjudication of future cases, its stare decisis effect is also diminished. This can happen in a number of circumstances, such as when the precedent’s validity is so hotly contested that it cannot reliably function as a basis for decision in future cases, when its rationale threatens to upend our settled jurisprudence in related areas of law, and when the precedent’s underlying


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 aged to give them a full development, in art, philosophy, invention, or discovery. Certain general conditions presented themselves as obviously reasonable:—to give every citizen as good an education as he or she could acquire, for example; to frame it so that the directed educational process would never at any period occupy the whole available time of the learner, but would provide throughout a marginal free leisure with opportunities for developing idiosyncrasies, and to insure by the expedient of a minimum wage for a specified amount of work, that leisure and opportunity did not cease throughout life.

But in addition to thus making poietic activities universally possible, the founders of this Modern Utopia sought to supply incentives, which was an altogether more difficult research, a problem in its nature irresolvably complex and admitting of no systematic solution. But my double told me of a great variety of devices by which poietic men and women were given honour and enlarged freedoms, so soon as they produced an earnest of their quality; and he explained to me how great an ambition they might entertain.

There were great systems of laboratories attached to every municipal force station at which research could be conducted under the most favourable conditions; and every mine, and indeed almost every great industrial establishment, was saddled under its lease with similar obligations. So much for poietic ability and research in physical science. The World State tried the claims of every living contributor to any materially valuable invention, and paid or


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 charged a royalty on its use that went partly to him personally and partly to the research institution that had produced him. In the matter of literature and the philosophical and sociological sciences, every higher educational establishment carried its studentships, its fellowships, its occasional lectureships; and to produce a poem, a novel, a speculative work of force or merit, was to become the object of a generous competition between rival Universities. In Utopia, any author has the option either of publishing his works through the public bookseller as a private speculation, or, if he is of sufficient merit, of accepting a University endowment and conceding his copyright to the University press. All sorts of grants in the hands of committees of the most varied constitution, supplemented these academic resources, and insured that no possible contributor to the wide flow of the Utopian mind slipped into neglect. Apart from those who engaged mainly in teaching and administration, my double told me that the world-wide House of Salomon thus created sustained over a million men. For all the rarity of large fortunes, therefore, no original man with the desire and capacity for material or mental experiments went long without resources and the stimulus of attention, criticism, and rivalry.

"And finally," said my double, "our Rules insure a considerable understanding of the importance of poietic activities in the majority of the samurai, in whose hands as a class all the real power of the world resides."

"Ah!" said I, "and now we come to the thing that


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Translation:Profession of Faith

A father would be leaving the house for a moment. To test the intelligence of his children, he gave them the task to guess what he might be doing in his absence.

One of the children, who wore a blue coat, said:

— I know. Father is off to the tailor, to have a blue coat fitted for himself.

The second child, who liked to eat confectionary, got angry at, who would be so dumb as to believe that father wore a blue coat, as he did.

— I know better, it said. Father is eating sweet cookies with syrup.

The third child, who sat in a dark corner, pinched a cat in its tail, and cursed at, who was so dumb as to believe that father ate cookies as he did.

— I know better, it said. Father is slaughtering an ox.

The fourth child, being very quarrelsome, pulled ’s hairs out for being so dumb as to believe father was slaughtering an ox.

— I know better, it said. Father has gone to neighbour Pieterse, to beat him up.

The last child was nursing a thrush, which had broken its leg, and was so engaged in this that it neglected to think of the riddle.

When at last the father came home, it turned out that neither, nor , nor , nor had guessed right. But the last child still hadn’t spoken.

— I truly don’t know, said little. Look there, see it getting up, and looking at us with gratitude…

— Right, exclaimed the father… what the widow I was visiting did!

None had guessed right. But little Thrushman was nearest to the truth, without having participated in the guessing. (See Ideas 101, 440.)

title: Translation:Profession of Faith


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Rh and one particular school numbered ten Brahman youths. In one instance, a body of more than twenty boys came to Serampore from a distance of many miles, accompanied by the principal inhabitants of the village, to solicit the establishment of a school.”

Previous to 1817,, a name dear to the Natives, a watchmaker by trade, instead of retiring to Europe, had devoted his remaining years and savings to Native Education. He, in conjunction with the late Raja, a Sanscrit scholar of European celebrity, employed much time in improving the existing Vernacular Schools. One of his pupils, who studied at one of the Vernacular Schools established by him in Calcutta, thus describes his efforts—

"“Mr. Hare’s educational efforts were directed in the first place toward the encouragement of the Vernacular. He supplemented the deficiencies of numerous Guru patshalas by the employment of inspecting pundits and the grant of printed books. Periodical examinations were also held at Raja Radhakant Deva’s Garden House, and prizes given. He then established a sort of Central Vernacular School directly under the School Society. This was a large institution and numbered about 200 boys. It was the best Vernacular School of the day. For the encouragement of regular attendance, each child got eight annas a month if he was not absent a single day during that month. If absent only one day he got six annas, if two days four annas, and if he were absent more than two days then he got nothing. Distinguished lads from the Vernacular Schools were sent to the Hindoo College, in which the Society always maintained 30 boys. An English School was afterwards established adjoining the Central Vernacular—a number of select boys of the Vernacular School would attend the English classes also. It was thus—From sunrise until 9, Vernacular; from 10½ to 2½, English; from 3½ to sunset, Vernacular again.”"

In 1817, the Calcutta School Book Society was founded to prepare and publish cheap books for Native schools; however, this Society has not yet given cheap books adapted to the masses, as no books previous to 1817, were used in the indigenous schools. In May 1821 this Society received from Government a donation of Rupees 7,000, and a monthly grant of Rupees 500.

In 1818, the Calcutta School Society was founded (under the presidency of the Marquess of Hastings) with the following object:—

“That its design be to assist and improve existing schools, and to establish and support any further schools and seminaries which may be requisite; with a view to the more general diffusion of useful knowledge amongst the inhabitants of India of every description, especially within the provinces subject to the Presidency of Fort William.


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 interests me most. For it is quite clear, in my mind, that these samurai form the real body of the State. All this time that I have spent going to and fro in this planet, it has been growing upon me that this order of men and women, wearing such a uniform as you wear, and with faces strengthened by discipline and touched with devotion, is the Utopian reality; but that for them, the whole fabric of these fair appearances would crumble and tarnish, shrink and shrivel, until at last, back I should be amidst the grime and disorders of the life of earth. Tell me about these samurai, who remind me of Plato's guardians, who look like Knights Templars, who bear a name that recalls the swordsmen of Japan and whose uniform you yourself are wearing. What are they? Are they an hereditary caste, a specially educated order, an elected class? For certainly this world turns upon them as a door upon its hinges."

"I follow the Common Rule, as many men do," said my double, answering my allusion to his uniform almost apologetically. "But my own work is, in its nature, poietic; there is much dissatisfaction with our isolation of criminals upon islands, and I am analysing the psychology of prison officials and criminals in general with a view to some better scheme. I am supposed to be ingenious with expedients in this direction. Typically, the samurai are engaged in administrative work. Practically the whole of the responsible rule of the world is in their hands; all our head teach-


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 ers and disciplinary heads of colleges, our judges, barristers, employers of labour beyond a certain limit, practising medical men, legislators, must be samurai, and all the executive committees, and so forth, that play so large a part in our affairs are drawn by lot exclusively from them. The order is not hereditary—we know just enough of biology and the uncertainties of inheritance to know how silly that would be—and it does not require an early consecration or novitiate or ceremonies and initiations of that sort. The samurai are, in fact, volunteers. Any intelligent adult in a reasonably healthy and efficient state may, at any age after five-and-twenty, become one of the samurai, and take a hand in the universal control."

"Provided he follows the Rule."

"Precisely—provided he follows the Rule."

"I have heard the phrase, 'voluntary nobility.

"That was the idea of our Founders. They made a noble and privileged order—open to the whole world. No one could complain of an unjust exclusion, for the only thing that could exclude from the order was unwillingness or inability to follow the Rule."

"But the Rule might easily have been made exclusive of special lineages and races."

"That wasn't their intention. The Rule was planned to exclude the dull, to be unattractive to the base, and to direct and co-ordinate all sound citizens of good intent."

"And it has succeeded?"

"As well as anything finite can. Life is still imperfect, still a thick felt of dissatisfactions and perplexing problems, but most certainly the quality of all


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 all persons who are to receive consideration for the position should be right-minded and possessed of a comprehensive faculty enabling them to some extent to learn what they will have to know, I next consider it indispensable that we should, with some degree of confidence, be able to expect from them the avoidance of presumptuous pedantry at the outset, and particularly of the apathetic sleepiness that so often accompanies the concluding years of their administration. I have already referred to the fact that Havelaar, in his difficult duty, hoped to be able to rely on the support of the Governor-General, and I added that this hope was naive. That Governor-General was already expecting his successor: his peaceful retirement to Holland was at hand!

We shall see what consequences this tendency to sleepiness brought to the division of Lebak, to Havelaar, and to the Javanese Saïdyah, whose monotonous story, one of many! I shall presently relate.

Yes, monotonous it will be! Monotonous as the account of the drudgery of the ant that has to drag its contribution to the winter store to the top of a lump of earth, a mountain to the little insect, which lies on the way to the storehouse. Time upon time it falls back with its load, and every time tries again whether at last it can solidly plant its feet on the small stone up there on the rock that crowns the mountain. But between it and that summit there is a precipice that has to be negotiated a depth which not a thousand ants would fill. For this purpose the tiny creature, with scarcely the strength to drag along its load on level ground, a load many times heavier than its own body, has to raise that load above its head, and keep itself upright on a movable spot. It must keep its balance when rising upright with its load between its forefeet. It must swing the load upward slantwise, in order to allow it to come down on the point that juts out from the wall of the rock. It totters, staggers, starts, succumbs tries to uphold itself by the half-uprooted tree whose crown points to the depth—a grass-blade!—it misses the footing it seeks: the tree swings back


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8 “That it be also an object of this Society to select pupils of distinguished talents and merit from elementary and other schools, and to provide for their instruction in seminaries of a higher degree; with the view of forming a body of qualified teachers and translators, who may be instrumental in enlightening their countrymen, and improving the general system of education. When the funds of the Institution may admit of it, the maintenance and tuition of such pupils, in distinct seminaries, will be an object of importance.”

In 1821, it had 115 Vernacular Schools, containing 3,828 scholars, under its patronage, i.e. it gave books, examining and superintending the schools by its officers and agents. In 1823, they received a monthly grant of Rupees 500 from Government, and worked admirably until 1833.

Adam’s Report, pp. 21, 22, 23, gives a fuller detail respecting it.

In 1819, the London Missionary Society directed its attention to Vernacular schools, “impressed with a sense of the exceeding great importance of well conducted schools in this country.” They established them in 1820 at and other places in the neighbourhood of, but there were strong prejudices at that time amongst the natives against attending schools where the Scriptures were read. Still in 1820 a Vernacular School attended by 25 boys was opened in a bungalow chapel at.

The Calcutta Church Missionary Association had for many years 600 children under instruction in their Vernacular Schools in Calcutta. The Baptist Missionary Society had also several hundreds.

In 1821, the Calcutta School Society transferred some of its schools to the Church Missionary Society, and Mr. Jetter became Superintendent of them. An examination of 600 boys took place in 1822; Sir, the Chief Justice, who was one of the founders of the Hindu College, presided. Mr. Jetter states, in 1822, that the mention of the name of Jesus in a book has kept several boys away from school; that on introducing writing by dictation into a class, he offered one boy a tract as a prize for his good dictation,—the boy flung it on the ground saying it contained the words of Jesus Christ. In one of Mr. Jetter’s schools, the teacher objected to instruct the boys out of a book in which the name occurred, on which a Brahman stood up and said—do not be afraid, I have read the book, and am not a Christian: this gave confidence, and the book was read. The Church Missionary Association in 1824 took the greater part of these schools under their management. In 1825 Mr. Reichardt, on every Saturday evening, explained to the pundits the books taught by them in the schools: their attention is increasing, and their inquiries often lead to important discussions; they are alternately instructed in the scriptures, the catechism, and geography; one of them reads a sentence, after which he asks the other


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 —the grass-blade gives way under its tread—alas! the drudge falls down the precipice with its load. Then it is still for a moment, quite a second which is long in the life of an ant. Is it stunned by the pain of its fall? Or does it yield to some sorrow that so much exertion was vain? But it has not lost courage. Again it takes up the load, and again drags it upward, presently to fall once more, and still once more, down the precipice.

So monotonous is my story. But I shall not this time speak of ants, whose joy or sorrow, owing to the clumsiness of our senses, escapes our observation. I shall speak of human beings, of creatures who live and move like ourselves. It is true, those who shun emotion and wish to avoid the fatigue of pity, will say that those people are yellow, or brown—many call them black—and for such as those the difference of colour is a sufficient reason to turn their eyes away from such misery, or, if they do not cast a glance at it, to look down on it without emotion.

My story therefore is exclusively addressed to those who are capable of the difficult belief that hearts beat beneath that dark outer skin, and that he who is blessed with the possession of a white complexion and with the civilization, generosity, knowledge of business and of God, and virtue that inevitably go together with it that he might apply his “white” qualities in another manner than has so far been experienced by those less blessed in complexion and soul-eminence.

My hope, however, of sympathy with the Javanese does not go so far as to make me expect that the description of the theft, in full daylight, of the last buffalo from the kendang, theft without scruple, under protection of Dutch authority the description of the owner and his weeping children following the animal as it is driven off  of that owner sitting down on the steps of the robber’s house, speechless and stunned and lost in sorrow  the description of him driven thence with insult and scorn, with the threat of rattan-strokes and the log-prison  ah, I do not de-


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 mand, nor expect, my fellow-Dutchmen!—that such description will move you in like measure as it would if I sketched for you a Dutch peasant whose cow was taken from him. I ask for no tear to flow with the tears on such dark faces, no noble indignation when I shall speak of the despair of the robbed ones. Also I do not expect that you shall rise and go to the King with my book in your hand, and say: “See. O King, this is what happens in Empire, in your beautiful Empire of Insulind!”

No, no, no, all this I do not expect! Too much suffering near you absorbs all your sympathy, for so much feeling to be left you for what is so far away! Are not all your nerves kept in extreme tension by the distressful task of choosing a new Member of Parliament? Is not your torn soul tossed between the world-renowned merits of Nonentity A and Nincompoop B? And do you not require your precious tears for more serious matters than but what more need I say? Was not the Exchange depressed yesterday, and is not at this very moment a somewhat excessive supply threatening the coffee-market with a slump?

“For goodness’ sake don’t write such senseless things to your papa. Stern!” I said, and perhaps I said it a bit hotly, for I can’t bear untruth: that has always been a fixed principle with me. That evening I wrote at once to old Stern to make haste with his orders, and particularly to be on his guard against false rumours, for coffee-quotes are high.

The reader will realize what I have again had to bear in listening to the last chapters. I found in the children’s playroom a game of solitaire, which in future I shall take with me to the party. Wasn’t I right when I said that this Shawlman had made them all silly with his bundle? Can one, in all this scribbling of Stern’s—and Frits takes a hand also, that is quite certain!—recognize young people who are brought up in a genteel house? What are those stupid sallies against a disease that shows itself in longing for


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Rh painful duty should be performed upon this auspicious evening; but the rules of our association must be preserved at any cost to our feelings, and a dismissal is inevitable to-night."

"What the deuce is the fellow driving at?" thought I. "What is it to me if he does give his servant the sack? This Dimidoff, wherever he is, seems to keep a private lunatic asylum."

"Take out the gag!" The words fairly shot through me, and I started in my chair. It was Petrokine who spoke. For the first time I noticed that a burly, stout man, sitting at the other end of the table, had his arms tied behind his chair and a handkerchief round his mouth. A horrible suspicion began to creep into my heart. Where was I? Was I in Mr. Dimidoffs? Who were these men, with their strange words?"

"Take out the gag!" repeated Petrokine; and the handkerchief was removed.

"Now, Paul Ivanovitch," said he, "what have you to say before you go?"

"Not a dismissal, sirs," he pleaded; "not a dismissal; anything but that! I will go into some distant land, and my mouth shall be closed forever. I will do anything that the society asks, but pray, pray do not dismiss me."

"You know our laws, and you know your crime," said Alexis, in a cold, harsh voice. "Who drove us from Odessa by his false tongue and his double face? Who wrote the anonymous letter to the governor?


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 a country villa? Is that a hit at me? Am I not allowed to go to Driebergen, when Frits is a broker? And who ever talks of stomach-complaints in the presence of women and girls? It is a fixed principle with me always to remain calm—for I consider this useful in business—but I must admit that I often found it very difficult lately when hearing all the nonsense Stern reads out. What does he want? What will be the end of it? When will there at last be something solid? What do I care whether this fellow Havelaar keeps his garden tidy, and whether the people come into his house at the back or the front? At Busselinck & Waterman’s people go in through a narrow passage, next to an oil-warehouse, where it is always frightfully dirty. And then all that bother about those buffaloes! Why do they want buffaloes, those Blacks? I have never had a buffalo, and yet I live contented. There are people who are always complaining. And as to that throwing off at forced labour, it is easily seen that he has not heard the Reverend Twaddler’s sermon, otherwise he would know how useful that labour is for the spread of God’s Kingdom. But, of course, he is a Lutheran.

This is certain, if I could have guessed he would write the book which is to be of such importance to all coffee-brokers—and others—I’d sooner have done it myself. But he gets support from the Rosemeyers, who are in sugar, and that’s what makes him so bold. I said straight out—for I am candid in things of this kind—that we could do perfectly well without the story of that Saïdyah, but then Louise Rosemeyer all at once set herself against me. It appears that Stern had told her that there would be something about love in it, and those girls are mad on that. However, that would not have put me off, only the Rosemeyers had told me they would like to get to know Stern's father. The idea is, of course, to get through the father at the uncle, who is in sugar. Now if I stand up too strongly for good sense against young Stern, I may create an impression that I want to draw them away from him, and that is in no way the case, for they are in sugar.


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 I don't in the least understand Stern’s object with his scribbling. There are always discontented people, and surely it is not nice of him, when he enjoys so many benefits in Holland—only this week my wife made him some camomile-tea—to abuse the Government! Does he wish in that way to stimulate the general discontent? Does want to become Governor-General? He is conceited enough for that I mean to want to. I asked him this the day before yesterday, and told him candidly that his Dutch was still so very deficient! “Oh, that is no difficulty,” he answered. “It appears to be the exception that a Governor-General is sent out there who understands the language of the country.” What on earth can I do with such a wiseacre? He has not the slightest respect for my experience. When I told him this week that I had been a broker these seventeen years, and had been on ’Change for twenty years, he quoted Busselinck & Waterman, who have been brokers for eighteen years, and, he said, “they therefore have one year more experience.” And there he had me, for I have to admit, as I am wedded to the truth, that Busselinck & Waterman know little about the business, and that they are tricksters.

Marie is also getting wrong-headed. Just fancy, this week—it was her turn to read aloud at breakfast, and we had got to the story of Lot—she suddenly stopped and refused to read on. My wife, who is just as keen on religion as I, tried with gentleness to persuade her to be obedient, as of course it is not proper for a modest girl to be so self-willed. All in vain! Then I, as her father, had to scold her with great severity, as her obstinacy disturbed the edification of breakfast, a thing which always reacts badly on the whole day. But nothing was any use, and she went so far as to say that she would rather be struck dead than read on. I punished her with three days’ detention in her room with nothing but coffee and bread, and I trust it will do her good. In order that the punishment might at the same time tend to her moral improvement, I ordered her to copy out the chapter she would not read, ten times, and that I proceeded to such severity was more particularly be-


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Rh the meaning of the words; I ask them questions arising from the subject, and put them in the way of questioning their scholars; Mr. Reichardt, who superintended twelve Vernacular Schools, containing 700 boys, gives, as the result of his experience, the following discouraging circumstances connected with the Vernacular Schools of that day: “It is optional with the boys whether they come or not, as the parents do not compel them. Festivals and marriages give perpetual interruptions. Conversation at home is like a mildew on any sound principles or good manners: nearly all the good seed sown at schools is choked by the bad practices in which the boys’ relations and friends live. The teachers are indolent.”

Miss Cooke began, in connection with the Church Missionary Society, and under the patronage of the, Female Schools in Calcutta in 1821. Though previous to that some desultory efforts had been made by a few young ladies; in 1822 she had twenty-two Schools and 400 pupils. The Central School was founded in 1824, and in 1837 the Agarpara Orphan Refuge.

About 1822 the Christian Knowledge Society began the system of “School Circles” each circle containing five Bengali Schools and one Central School. One of those circles was called the Tallygunj, another the, another the Circle; in 1834 they contained 697 pupils, but being subsequently transferred to the Propagation Society, the funds of the latter were appropriated to other operations, and the Schools were given up.

These are the first instances of Circle Schools which are now becoming increasingly popular in Bengal.

A few desultory efforts continued to be made in subsequent years, a battle raged between the Orientalists and Anglicists, and the masses were overlooked. Lord with real sympathy for the people and for works of peace gave encouragement to roads and education.

Mr. Adam, originally a Missionary, came forward, and, on the 2nd of January 1835, addressed a letter on the subject of popular education to Lord W. Bentinck, to which his Lordship gave a reply on the 20th of the same month. The letter and Lord W. Bentinck’s Minute are to be found in pp. 1 to 13 of Adam’s Report.

Adam’s system of Vernacular Education was based pretty much on the old municipal system of the Hindus, by which each village had its Chief, its accounts, its priest, smith, carpenter, potter, barber, washerman, poet, doctor, and, though last, not least, its


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 deafened ear), and something about "Mary," but which Mary he could not tell, in his bewildered state.

He tried to realise it, to think it possible. And then his mind wandered off to other days, to far different times. He thought of their courtship; of his first seeing her, an awkward, beautiful rustic, far too shiftless for the delicate factory work to which she was apprenticed; of his first gift to her, a bead necklace, which had long ago been put by, in one of the deep drawers of the dresser, to be kept for Mary. He wondered if it was there yet, and with a strange curiosity he got up to feel for it; for the fire by this time was well-nigh out, and candle he had none. His groping hand fell on the piled-up tea things, which at his desire she had left unwashed till morning—they were all so tired. He was reminded of one of the daily little actions, which acquire such power when they have been performed for the last time, by one we love. He began to think over his wife's daily round of duties; and something in the remembrance that these would never more be done by her, touched the source of tears, and he cried aloud. Poor Mary, meanwhile, had mechanically helped the neighbour in all the last attentions to the dead; and when she was kissed, and spoken to soothingly, tears stole quietly down her cheeks: but she reserved the luxury of a full burst of grief till she should be alone. She shut the chamber-door softly, after the neighbour had gone, and then shook the bed by which she knelt, with her agony of sorrow. She repeated, over and over again, the same words; the


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 same vain, unanswered address to her who was no more. "Oh, mother! mother, are you really dead! Oh, mother, mother!"

At last she stopped, because it flashed across her mind that her violence of grief might disturb her father. All was still below. She looked on the face so changed, and yet so strangely like. She bent down to kiss it. The cold, unyielding flesh struck a shudder to her heart, and, hastily obeying her impulse, she grasped the candle, and opened the door. Then she heard the sobs of her father's grief; and quickly, quietly, stealing down the steps, she knelt by him, and kissed his hand. He took no notice at first, for his burst of grief would not be controlled. But when her shriller sobs, her terrified cries (which she could not repress), rose upon his ear, he checked himself.

"Child, we must be all to one another, now is gone," whispered he.

"Oh, father, what can I do for you? Do tell me I! I'll do any thing."

"I know thou wilt. Thou must not fret thyself ill, that's the first thing I ask. Thou must leave me, and go to bed now, like a good girl as thou art."

"Leave you, father! oh, don't say so."

"Ay, but thou must! thou must go to bed, and try and sleep; thou'lt have enough to do and to bear, poor wench, to-morrow."

Mary got up, kissed her father, and sadly went up stairs to the little closet, where she slept. She thought it was of no use undressing, for that she could never, never sleep, so threw herself on her bed in her clothes,


text: User:SnowyCinema/P/By Sanction of Law

title: User:SnowyCinema/P/By Sanction of Law


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 and before ten minutes had passed away, the passionate grief of youth had subsided into sleep.

Barton had been roused by his daughter's entrance, both from his stupor and from his uncontrollable sorrow. He could think on what was to be done, could plan for the funeral, could calculate the necessity of soon returning to his work, as the extravagance of the past night would leave them short of money, if he long remained away from the mill. He was in a club, so that money was provided for the burial. These things settled in his own mind, he recalled the doctor's words, and bitterly thought of the shock his poor wife had so recently had, in the mysterious disappearance of her cherished sister. His feelings towards Esther almost amounted to curses. It was she who had brought on all this sorrow. Her giddiness, her lightness of conduct, had wrought this woe. His previous thoughts about her had been tinged with wonder and pity, but now he hardened his heart against her for ever.

One of the good influences over John Barton's life had departed that night. One of the ties which bound him down to the gentle humanities of earth was loosened, and henceforward the neighbours all remarked he was a changed man. His gloom and his sternness became habitual instead of occasional. He was more obstinate. But never to Mary. Between the father and the daughter there existed in full force that mysterious bond which unites those who have been loved by one who is now dead and gone. While he was harsh and silent to others, he humoured Mary with tender love; she had more of her own way than is common in any rank with


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I was born in Candia, in the year 1600. My father was governor of the city; and I remember that a poet of middling parts, and of a most unmusical ear, whose name was Iro, composed some verses in my praise, in which he made me to descend from Minos in a direct line; but my father being afterwards disgraced, he wrote some other verses, in which he derived my pedigree from no nobler an origin than the amours of Pasiphaë and her gallant. This Iro was a most mischievous rogue, and one of the most troublesome fellows in the island.

My father sent me at fifteen years of age to prosecute my studies at Rome. There I arrived in full hopes of learning all kinds of truth, for I had hitherto been taught quite the reverse, according to the custom of this lower world from China to the Alps. Monsignor Profondo, to whom I was recommended, was a man of a very singular character, and one of the most terrible scholars in the world. He was for teaching me the categories of Aristotle; and was just on the point of placing me in the category of his minions; a fate which I narrowly escaped. I saw processions, exorcisms, and some robberies.


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Rh "It was but natural," said a man with a thick beard at my right hand. "And now, most honored sir, how goes the cause in England?"

"Remarkably well," I answered.

"Has the great commissioner condescended to send a missive to the Solteff branch?" asked Petrokine.

"Nothing in writing," I replied.

"But he has spoken of it?"

"Yes; he said he had watched it with feelings of the liveliest satisfaction," I returned.

"'Tis well! 'tis well!" ran round the table.

I felt giddy and sick from the critical nature of my position. Any moment a question might be asked which would show me in my true colors. I rose and helped myself from a decanter of brandy which stood on a side-table. The potent liquor flew to my excited brain, and as I sat down I felt reckless enough to be half amused at my position, and inclined to play with my tormentors. I still, however, had all my wits about me.

"You have been to Birmingham?" asked the man with the beard.

"Many times," said I.

"Then you have, of course, seen the private workshop and arsenal?"

"I have been over them both more than once."

"It is still, I suppose, entirely unsuspected by the police?" continued my interrogator.

"Entirely," I replied.


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52 It was commonly said, but without any foundation, that la Signora Olympia, a lady of great prudence, had deceived many lovers, she being both inconstant and mercenary. I was then of an age to relish such comical anecdotes.

A young lady of great sweetness of temper, called la Signora Fatelo, thought proper to fall in love with me. She was courted by the reverend father Piognardini and by the reverend father Aconiti,* young monks of an order now extinct; and she reconciled the two rivals by declaring her preference for me; but at the same time I ran the risk of being excommunicated and poisoned. I left Rome highly pleased with the architecture of St. Peter's.

I travelled to France. It was during the reign of Louis the Just. The first question put to me was, whether I chose to breakfast on a slice of the Marshal d'Ancre,† whose flesh the people had roasted and distributed with great liberality to such as chose to taste it.

This kingdom was continually involved in civil wars; sometimes for a place at court, sometimes for

assassination at that time prevalent in Rome.—.
 * Alluding to the infamous practice of poisoning and

†This was the famous Concini, who was murdered on the drawbridge of the Louvre, by the intrigues of De Luines, not without the knowledge of the king, Louis XIII. His body, which had been secretly interred in the church of St. Germain 1'Auxerrois, was next day dug up by the populace, who dragged it through the streets, then burned the flesh, and threw the bones into the river. The marshal's greatest crime was his being a foreigner.—.