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50

Duch. God bless thee! and put meekness in thy breast,

Love, charity, obedience, and true duty.

Rich. Amen; [Aside.] and make me die a good old man!

That is the butt-end of a mother's blessing;

I marvel that her Grace did leave it out.

Buck. You cloudy princes and heart-sorrowing peers,

That bear this heavy mutual load of moan,

Now cheer each other in each other's love:

Though we have spent our harvest of this king,

We are to reap the harvest of his son.

The broken rancour of your high-swoll'n hates,

But lately splinter'd, knit, and join'd together,

Must gently be preserv'd, cherish'd, and kept:

Me seemeth good, that, with some little train,

Forthwith from Ludlow the young prince be fet

Hither to London, to be crown'd our king.

Riv. Why with some little train, my Lord of Buckingham?

Buck. Marry, my lord, lest by a multitude

The new-heal'd wound of malice should break out;

Which would be so much the more dangerous,

By how much the estate is green and yet ungovern'd;

Where every horse bears his commanding rein,

And may direct his course as please himself,

As well the fear of harm, as harm apparent,

In my opinion, ought to be prevented.

Rich. I hope the king made peace with all of us,

And the compact is firm and true in me.

 112 cloudy: grief-clouded

117 broken rancour; cf. n.

high-swoll'n: excessively bitter

118 splinter'd: bound up with splints

120 little train: few attendants; cf. n.

121 Ludlow; cf. n.

127 estate: state

green: new

129 please: may please

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 torrent from the look of the confused water-worn boulders. Now among the rocks there are only isolated pools, for the weather for a fortnight before I left Victoria had been fairly dry, and this rich porous soil soaks up an immense amount of water. It strikes me as strange that when we are either going up or down the hills, the ground is less muddy than when we are skirting their summits, but as my brother would say, "it is perfectly simple, if you think about it," because on the inclines the rush of water clears the oil away down to the bed rock. There is an outcrop of clay down by Buana, but though that was slippery, it is nothing to the slipperiness of this fine, soft, red-brown earth that is the soil higher up, and also round Ambas Bay. This gets churned up into a sort of batter where there is enough water lying on it, and, when there is not, an ice slide is an infant to it.

My men and I flounder about; thrice one of them, load and all, goes down with a squidge and a crash into the side grass, and says "damn!" with quite the European accent; as a rule, however, we go on in single file, my shoes giving out a mellifluous squidge, and their naked feet a squish, squash. The men take it very good temperedly, and sing in between accidents; I do not feel much like singing myself, particularly at one awful spot, which was the exception to the rule that ground at acute angles forms the best going. This exception was a long slippery slide down into a ravine with a long, perfectly glassy slope up out of it, I remember one of my tutors saying, "Always when on a long march assume the attitude you feel most inclined to, as it is less tiring." There could not be the least shadow of a doubt about your inclinations as to attitude here, nor to giving way to them, so we arrive at the bottom of that ravine in a fine confused heap. As for going up out of it, it was not mere inclination—it was passion that possessed you. What you wanted to do was to plant your nose against the hill-side and wave your normally earthward extremities in the air, particularly when you were near the middle of the slope, or close to the top. Two of the boys gave way to this impulse; I, of course, did not, but when I felt it coming on like a sort of fit, flung myself sideways into the dense bush that edges the path,

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 play unerringly you would not play at all. The moment the game is perfect the game disappears."

"I do not think, however," said Parkinson, "that you are in any immediate danger of effecting that sort of destruction. I do not think your croquet will vanish through its own faultless excellence. You are safe for the present."

I again caressed him with the mallet, knocked a ball about, wired myself, and resumed the thread of my discourse.

The long, warm evening had been gradually closing in, and by this time it was almost twilight. By the time I had delivered four more fundamental principles, and my companion had gone through five more hoops, the dusk was verging upon dark.

"We shall have to give this up," said Parkinson, as he missed a ball almost for the first time, ' I can't see a thing."

"Nor can I," I answered, "and it is a comfort to reflect that I could not hit anything if I saw it."

With that I struck a ball smartly, and sent it away into the darkness towards where the shadowy figure of Parkinson moved in the hot haze. Parkinson immediately uttered a loud and dramatic cry. The situation, indeed, called for it. I had hit the right ball.

Stunned with astonishment, I crossed the gloomy ground, and hit my ball again. It went through a

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 The Monarch holds the position of Head of the Thai Armed Forces.

The Monarch wields the prerogative to establish titles and grant decorations.

The Monarch selects and appoints from amongst competent persons one as President of the Privy Council and not more than fourteen others as Privy Councillors, who compose the Privy Council.

The Privy Council has the duty to present to the Monarch its opinions on all the royal activities about which He seeks its counsel, and has other duties as herein prescribed.

Selection and appointment of Privy Councillors, as well as removal of Privy Councillors from their positions, shall be at the royal pleasure.

The President of the National Assembly shall countersign the appointment of the President of the Privy Council or removal of the President of the Privy Council from his position, and the President of the Privy Council shall countersign the appointment of other Privy Councillors or removal of other Privy Councillors from their positions.

No Privy Councillor shall be a Senator, Member of the House of Representatives, public official with regular position or monthly salary, state enterprise official, or member or authority of a political party, nor shall he display affiliation towards any political party.

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Richard the Third, II. iii

Riv. And so in me; and so, I think, in all:

Yet, since it is but green, it should be put

To no apparent likelihood of breach,

Which haply by much company might be urg'd:

Therefore I say with noble Buckingham,

That it is meet so few should fetch the prince.

Hast. And so say I.

Rich. Then be it so: and go we to determine

Who they shall be that straight shall post to Ludlow.

Madam, and you my sister, will you go

To give your censures in this business?

Exeunt. Mane[n]t Buckingham and Richard.

Buck. My lord, whoever journeys to the prince,

For God's sake, let not us two stay at home:

For by the way I'll sort occasion,

As index to the story we late talk'd of,

To part the queen's proud kindred from the prince.

Rich. My other self, my counsel's consistory,

My oracle, my prophet! My dear cousin,

I, as a child, will go by thy direction.

Towards Ludlow, then, for we'll not stay behind.

Exeunt.

1. Cit. Good morrow, neighbour: whither away so fast?

2. Cit. I promise you, I scarcely know myself:

 137 urg'd: brought on

144 censures: opinions

147 sort: contrive

148 index: introduction, prelude

149 queen's proud kindred; cf. n.

150 consistory: council-chamber (figuratively)

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 such people want to wear embroidered pants? In a corner stood a travelling-trunk, not very heavy, which without thinking I half raised by one handle, and on the mantelpiece lay some books, which I just had a look at. A curious collection! A couple of volumes of Byron, Horatius, Bastiat, Béranger, and just guess! A Bible, a complete Bible, with even the Apocrypha in it! I certainly had not expected at Shawlman’s. And it seemed to have been read, too, for I found quite a number of notes on loose bits of paper, which related to the Scriptures—he says that Eve came into the world twice the man is mad!—well, everything was in the same handwriting as the documents in that cursed bundle. He seemed to have made a special study of the Book of Job, for there the leaves were dog-eared. I suppose that he is beginning to feel the hand of the Lord, and that therefore he wants to reconcile himself with God by reading the holy books. I don’t object. But while I was still waiting, my glances lighted on a lady’s work-box which stood on the table. I looked at it unintentionally. There was in it a pair of child’s half-finished stockings, a lot of silly verses, and also a letter to Shawlman’s wife, as was evident from the superscription. The letter had been opened, and looked as if it had been crumpled up in anger. Now it is a fixed principle with me never to read anything that is not addressed to me, as I don’t think it good manners. So I never do it when I am not interested. But now I had an inspiration that it was my duty just to have a look at that letter, because the contents might perhaps enlighten me with regard to my humanitarian intention in visiting Shawlman. I reflected how surely the Lord is always with His own, as now He unexpectedly gave me the opportunity to get to know a little more about that man, and so protected me against the danger of doing a benefit to an immoral person. I pay scrupulous attention to such directions from the Lord, and it has often been of great use to me in business. To my amazement I saw that the wife of this Shawlman belonged to a very good family, at least the letter was signed by a relative whose name in Holland is most dis-


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 tinguished, and I was really elated with the beautiful contents of that missive. He seemed to be someone who worked diligently for the Lord, for he wrote that the wife of Shawlman ought to obtain a separation from such a wretch, who allowed her to suffer poverty, who was not able to earn his living, and who moreover was a scoundrel, as he was in debt that the writer of the letter was concerned about her condition, although she had brought her fate upon herself by her own fault, as she had forsaken the Lord, and stuck to Shawlman  that she must return to the Lord, and that then probably the whole family would put their heads together to try to get her needlework to do  but before all she must get separated from that Shawlman, who was a real disgrace to the family.

In short, one could not have found more edification in the Church than there was in that letter.

I knew enough, and was grateful for having been warned in so wonderful a manner. For without that warning, shouldn’t I again have become the victim of my own kind heart? I therefore decided once more that I should keep Bastians until I found a suitable substitute, for I hate driving anyone out into the street, and at present we can’t spare one employee, as there is so much doing with us.

The reader will no doubt be curious to know how I got on at the last party, and whether I found the triolet. Well, I never went to that party. Most wonderful things have happened: I have been to Driebergen with my wife and Marie. My father-in-law, old Last, the son of the first Last—when the Meyers were still in it, but they are out of it long ago—had over and over again said that he would like to see my wife and Marie. Now it happened to be good weather, and my dread of the love-story Stern had threatened us with suddenly brought back to my mind that invitation. I spoke about it to our book-keeper, who is a man of much experience, and who after mature reflection submitted to me for consider-


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 ation the suggestion that I should let a night pass before deciding. I at once determined to do so, for I am quick in carrying my resolutions into effect. The very next day I realized how sensible the advice had been, for night had given me the idea that I could do no better than put off my decision until Friday. Briefly, after having weighed all the pros and cons maturely—there was much in favour, but also much against—we went on Saturday afternoon, and returned on the Monday morning. I should not relate all this so precisely if it were not closely connected with my book. First of all I am anxious for you to know why I do not protest against the foolish things Stern is sure to have again dished up last Sunday. What kind of a story is that, of a person who would hear something when he was dead! Marie referred to it. She had got it from the young Rosemeyers, who are in sugar.—Secondly, because I have once more become absolutely convinced that all those stories about distress and unrest in the East are pure lies. This shows how travelling gives one the opportunity to fathom things properly.

You must know that my father-in-law had accepted an invitation for Saturday night to go and see a gentleman who was formerly a Resident in the East, and who now lives in a large villa. We all went there, and truly I cannot speak highly enough of the charming reception we had. The gentleman had sent his carriage to meet us, and the coachman wore a red waistcoat. It was certainly a little too cold yet to see the country place properly, though it must be splendid in summer. But inside the house you could not wish for anything they hadn’t got, everything to make life enjoyable: a billiard-room, a library, a covered-in glass house in the form of a gallery, and the cockatoo had a silver perch to sit on. I had never seen anything like it, and at once remarked how good conduct always receives its reward. The man had most carefully looked after his affairs, for he had quite three decorations. He owned this delightful country place, and in addition a house in


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 and when it had passed off, scrambled out and had another try at the slide.

After this we have a stretch of rocky forest, and pass by a widening in the path which I am told is a place where men blow, i.e. rest, and then pass through another a little further on, which is Buea's bush market. Then through an opening in the great war-hedge of Buea, a growing stockade some fifteen feet high, the lower part of it wattled. Close by is a cross put up to mark the spot where that gallant young German officer fell last January twelvemonth, when on the first expedition to open up this side of the mountain.

At the sides of the path here grow banks of bergamot and balsam, returning good for evil and smiling sweetly as we crush them. Thank goodness we are in forest now, and we seem to have done with the sword-grass. The rocks are covered with moss and ferns, and the mist curling and wandering about among the stems is very lovely. I have to pause in life’s pleasures because I want to measure one of the large earthworms, which, with smaller sealing-wax-red worms, are crawling about the path. He was eleven inches and three-quarters. He detained me some time getting this information, because he was so nervous during the operation.

In our next ravine there is a succession of pools, part of a mountain torrent of greater magnitude evidently than those we have passed, and in these pools there are things swimming. Spend more time catching them, with the assistance of Bum. I do not value Kefalla’s advice, ample though it is, as being of any real value in the affair. Bag some water-spiders and two small fish. The heat is less oppressive than yesterday. All yesterday one was being alternately smothered in the valley and chilled on the hill-tops. To-day it is a more level temperature, about 70°, I fancy.

The soil up here, about 2,500 feet above sea-level, though rock-laden is exceedingly rich, and the higher we go there is more bergamot, native indigo, with its under-leaf dark blue, and lovely coleuses with red markings on their upper leaves, and crimson linings. I, as an ichthyologist, am in the wrong paradise. What a region this would be for a botanist!

The country is gloriously lovely if one could only see it for


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 Amsterdam. At supper everything was cooked with truffles, and the servants at the table also wore red waistcoats, the same as the coachman.

As I take a great interest in Indian affairs—on account of the coffee—I turned the conversation to that subject, and soon saw what to think of it all. This Resident told me that he had always done very well in the East, and therefore there is not a word of truth in all those tales about discontentment among the population. I turned the conversation to Shawlman. He knew him, and that in a very unfavourable light. He assured me that they had done quite right in sacking that fellow, for he was a very discontented person, who was always fault-finding, whilst in addition there was much to be criticized in his own conduct. For instance, he was always carrying off girls, and taking them to his wife, and he did not pay his debts, which surely is not very respectable. Now as I knew so well from the letter I had read how true all these charges were, I was greatly pleased to see how accurately I had judged in this matter, and was therefore specially satisfied with myself. And for this, I may say, I am well-known at my pillar I mean for judging so accurately.

That Resident and his wife were charming, generous people. They told us much of their manner of life in the East. It really seems to be very pleasant there. They said their country place at Driebergen was not half as large as their “grounds,” as they called it, in the interior of Java, and for the maintenance of those grounds quite a hundred people were required. But—and this seems to prove clearly how much they were liked—those people did this altogether without payment, and entirely from affection. They also said that on their departure the sale of their furniture had brought them about ten times the value, because the Native Chiefs like to buy a souvenir of a Resident who has been kind to them. I told Stern this afterwards, and he contended that it was done by coercion, and that he could prove this from Shawlman’s bundle. But I said to him that this Shawlman was a slanderer, that he used to


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 carry off girls—just like that young German at Busselinck & Waterman’s—and that I attached no value whatever to his opinion, for that now I had personally heard from a Resident how matters stood, and therefore had nothing to learn from Mr. Shawlman.

There were several other people from the East present that evening, amongst others a gentleman who was very rich, and still made much money out of tea, which the Javanese prepared for him for little money, and which the Government bought from him at a high price, in order to encourage the industry of those Javanese. That gentleman also was very angry with all the discontented people who are always talking and writing against the Government. He hadn’t words enough to praise the administration of the colonies, for he said he was convinced much money was lost on the tea they bought from him, and that therefore it was true generosity on their part to keep paying so high a price for an article that in reality had little value, and that he personally did not like (for he always drank Chinese tea). He also said that the Governor-General who had extended the so-called tea-contracts was, in spite of the calculation which proved that the Country lost so much in these transactions, such an able and good man, and especially such a faithful friend to those who had known him earlier. For that Governor-General had taken no notice whatever of the gossip about the losses on tea, and had, when the repeal of those contracts was mooted, I believe in 1846, done him personally a great service by decreeing that they should still continue to buy his tea. “Yes,” he exclaimed, “my heart bleeds when I hear such noble people slandered! If it had not been for, I and my wife and children would now have to walk instead of driving.” Then he had his carriage called, and it looked so spick-and-span, and the horses were so well-fed, that I can quite well understand how one may burn with gratitude for such a Governor-General. It warms ones very soul to set eyes on such sweet emotions, especially on comparing them with the cursed grumbling and whining of creatures like that Shawlman.


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 Prior to assuming duties, a Privy Councillor must affirm allegiance to the Monarch through the following statement:

""I, (name of the affirmer), hereby affirm that I will be loyal to the Monarch, and I will perform my duties with integrity for the benefit of the Country and the people, and I will also preserve and observe the Constitution of the Kingdom of Thailand in every respect.""

A Privy Councillor vacates his position upon death, resignation, or a royal command removing him from the position.

Appointment and removal from positions of royal private officials and aides-de-camp general shall be at the royal pleasure.

Whenever the Monarch is going to be absent from the Kingdom or to be unable to handle His royal burdens for any reason whatsoever, He shall appoint any person as His Regent with the approval of the National Assembly and the President of the National Assembly shall give a countersignature.

In the event that the Monarch has not appointed a Regent in accordance with section 21 or in the event that the Monarch is unable to appoint a Regent

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 The day after, this Resident paid us a return-visit, and so did the gentleman for whom the Javanese prepare tea. They are such nice people, and yet men of such importance! They both at the same time asked by what train we expected to arrive in Amsterdam. We did not understand the meaning of this, but afterwards it was cleared up, for when we arrived on the Monday morning, there were two servants at the station, one with a red waistcoat, and one with a yellow waistcoat, who each told us at the same time that they had received orders by telegram to meet us with a carriage. My wife was embarrassed, and I thought of what Busselinck & Waterman would have said if they had seen it that there were two carriages for us at the same time, I mean. But it was not easy to make a choice, for I could not offend one of the two parties by declining so charming an attention. What was I to do? But again I managed to find my way out of that exceedingly difficult circumstance. I placed my wife and Marie in the red carriage—I mean the barouche of the red waistcoat—and myself stepped into the yellow one I mean the carriage.

How those horses ran! In the Weesper-street, which is always so dirty, the mud flew up to right and left house-high, and, as fate would have it, there we passed that vagabond of a Shawlman, with a stoop, his head bowed down, and I saw how with the sleeve of his shabby short coat he tried to wipe the splashes from his face. I have rarely had a pleasanter outing, and my wife said the same thing.


text: Max Havelaar (Siebenhaar)/Chapter 18

title: Max Havelaar (Siebenhaar)/Chapter 18


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 the rain and mist; but one only gets dim hints of its beauty when some cold draughts of wind come down from the great mountains and seem to push open the mist-veil as with spirit hands, and then in a minute let it fall together again. I do not expect to reach Buea within regulation time, but at 11.30 my men say "we close in," and then, coming along a forested hill and down a ravine, we find ourselves facing a rushing river, wherein a squad of black soldiers are washing clothes, with the assistance of a squad of black ladies, with much uproar and sky-larking. I hesitate on the bank. I am in an awful mess—mud-caked skirts, and blood-stained hands and face. Shall I make an exhibition of myself and wash here, or make an exhibition of myself by going unwashed to that unknown German officer who is in charge of the station? Naturally I wash here, standing in the river and swishing the mud out of my skirts; and then wading across to the other bank, I wring out my skirts, but what is life without a towel? The ground on the further side of the river is cleared of bush, and only bears a heavy crop of balsam; a few steps onwards bring me in view of a corrugated iron-roofed, plank-sided house, in front of which, towards the great mountain which now towers up into the mist, is a low clearing with a quadrangle of native huts—the barracks.

I receive a most kindly welcome from a fair, grey-eyed German gentleman, only unfortunately I see my efforts to appear before him clean and tidy have been quite unavailing, for he views my appearance with unmixed horror, and suggests an instant hot bath. I decline. Men can be trying! How in the world is any one going to take a bath in a house with no doors, and only very sketchy wooden window-shutters?

The German officer is building the house quickly, as Ollendorff would say, but he has not yet got to such luxuries as doors, and so uses army blankets strung across the door-way; and he has got up temporary wooden shutters to keep the worst of the rain out, and across his own room's window he has a frame covered with greased paper. Thank goodness he has made a table, and a bench, and a washhand-stand out of planks for his spare room, which he kindly places at my disposal; and the Fatherland has evidently stood him an iron


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 bedstead and a mattress for it. But the Fatherland is not spoiling or cosseting this man to an extent that will enervate him in the least.

I get the loads brought into my room, where they steam and distil rills of water on to the bare floor, and then, barricading the door-blankets and the window-shutters, I dispossess myself of the German territory I have acquired during the last twenty-four hours, and my portmanteau having kept fairly watertight, I appear as a reasonable being before society—i.e., Herr Liebert, the German officer—and hunt up my boys to get me tea. This being done, I go out on the verandah and discourse.

Society has got a dreadfully bad foot; weeks ago he injured it on the road, and then in cleaning out a bad sore on one of the men some of the purulent matter got into the wound, and consequently he has nearly lost his leg, or more properly speaking his life, for he lay thirteen days in bed, and there was no doctor even down in Victoria to take the leg off, if it had turned to gangrene, as it seemed likely to do. He makes nothing of it, and hops about in a most energetic way, looking after seventy black soldiers and their wives and children, giving them out their rations, drilling them, doctoring them, and everything else, and hankering to do more. Many of the soldiers are down with bad feet, in consequence of the badness of the roads hereabouts. These soldiers are an assortment of Wei-Weis and Su-Su from Sierra Leone, and some Yorubas. They are smart men and well cared for, and their uniforms far more reasonable and military than the absurd uniforms we put our Haussas into in Calabar, only the Fatherland ordains that they shall wear braces, and these unnecessary articles for an African are worn flowing free, except by those men actually on duty.

The mist clears off in the evening about five, and the surrounding scenery is at last visible. Fronting the house there is the cleared quadrangle, facing which on the other three sides are the lines of very dilapidated huts, and behind these the ground rises steeply, the great S.E. face of Mungo Mah Lobeh. It looks awfully steep when you know you have got to go up it. This station at Buea is 3,000 feet above sea-level, which explains the hills we have had to come up. The moun-


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 tain wall when viewed from Buea is very grand, although it lacks snow-cap or glacier, and the highest summits of Mungo are not visible because we are too close under them, but its enormous bulk and its isolation make it highly impressive. The forest runs up it in a great band above Buea, then sends up great tongues into the grass belt above. But what may be above this grass belt I know not yet, for our view ends at the top of the wall of the great S.E, crater. My men say there are devils and gold up beyond, but the German authorities do not support this view. Those Germans are so sceptical. This station is evidently on a ledge, for behind it the ground falls steeply, and you get an uninterrupted panoramic view of the Cameroon estuary and the great stretches of low swamp lands with the Mungo and the Bimbia rivers, and their many creeks and channels, and far away east the strange abrupt forms of the Rumby Mountains. Herr Liebert says you can sce Cameroon Government buildings from here, if only the day is clear, though they are some forty miles away. This view of them is, save a missionary of the Basel mission, the only white society available at Buea. Society here says the intercourse, though better than none, is slow. I suggest he should pay calls and indulge in conversation by means of a code of fireworks, "Ha!" says he, "you're like the Calabar major." "Which one?" say I, for there are majors and majors. "The one who came here last dry season," he said, "and who went up on to the wall and set the grass on fire to show how he was going on, and had to run down for his life" I know that man, and a very excellent man he is, but he is not in Calabar, nor is he a major; but society everywhere makes mistakes in technical things.

I hear more details about the death of poor Freiherr von Gravenreuth, whose fine monument of a seated lion I saw in the Government House grounds in Cameroons the other day. Bush fighting in these West African forests is dreadfully dangerous work. Hemmed in by bush, in a narrow path along which you must pass slowly in single file, you are a target for all and any natives invisibly hidden in the under-growth; and the war-hedge of Buca must have made an additional danger and difficulty here for the attacking party.


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Anderson v. Liberty Lobby, Inc./Opinion of the Court

delivered the opinion of the Court.

In New York Times Co. v. Sullivan, 376 U. S. 254, 279–280 (1964), we held that, in a libel suit brought by a public official, the First Amendment requires the plaintiff to show that in publishing the defamatory statement the defendant acted with actual malice—“with knowledge that it was false or with reckless disregard of whether it was false or not.” We held further that such actual malice must be shown with “convincing clarity.” Id., at 285–286. See also Gertz v. Robert Welch, Inc., 418 U. S. 323, 342 (1974). These New York Times requirements we have since extended to libel suits brought by public figures as well. See, e. g., Curtis Publishing Co. v. Butts, 388 U. S. 130 (1967).

This case presents the question whether the clear-and-convincing-evidence requirement must be considered by a court ruling on a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure in a case to which New York Times applies. The United States Court of Appeals for the District of Columbia Circuit held that that requirement need not be considered at the summary judgment stage. 241 U. S. App. D. C. 246, 746 F. 2d 1563 (1984). We granted certiorari, 471 U. S. 1134 (1985), because that holding was in conflict with decisions of several other Courts of Appeals, which had held that the New York Times requirement of clear and convincing evidence must be considered on a motion for summary judgment. We now reverse.

Respondent Liberty Lobby, Inc., is a not-for-profit corporation and self-described “citizens’ lobby.” Respondent Willis Carto is its founder and treasurer. In October 1981, The Investigator magazine published two articles: “The Private World of Willis Carto” and “Yockey: Profile of an American Hitler.” These articles were introduced by a third, shorter article entitled “America’s Neo-Nazi Underground: Did Mein Kampf Spawn Yockey’s Imperium, a Book Revived by Carto’s Liberty Lobby?” These articles portrayed respondents as neo-Nazi, anti-Semitic, racist, and Fascist.

Respondents filed this diversity libel action in the United States District Court for the District of Columbia, alleging that some 28 statements and 2 illustrations in the 3 articles were false and derogatory. Named as defendants in the action were petitioner Jack Anderson, the publisher of The Investigator, petitioner Bill Adkins, president and chief executive officer of the Investigator Publishing Co., and petitioner Investigator Publishing Co. itself.

Following discovery, petitioners moved for summary judgment pursuant to Rule 56. In their motion, petitioners asserted that because respondents are public figures they were required to prove their case under the standards set forth in New York Times. Petitioners also asserted that summary judgment was proper because actual malice was absent as a matter of law. In support of this latter assertion, petitioners submitted the affidavit of Charles Bermant, an employee of petitioners and the author of the two longer articles. In this affidavit, Bermant stated that he had spent a substantial amount of time researching and writing the articles and that his facts were obtained from a wide variety of sources. He also stated that he had at all times believed and still believed that the facts contained in the articles were truthful and accurate. Attached to this affidavit was an appendix in which Bermant detailed the sources for each of the statements alleged by respondents to be libelous.

Respondents opposed the motion for summary judgment, asserting that there were numerous inaccuracies in the articles and claiming that an issue of actual malice was presented by virtue of the fact that in preparing the articles Bermant had relied on several sources that respondents asserted were patently unreliable. Generally, respondents charged that petitioners had failed adequately to verify their information before publishing. Respondents also presented evidence that William McGaw, an editor of The Investigator, had told petitioner Adkins before publication that the articles were “terrible” and “ridiculous.”

In ruling on the motion for summary judgment, the District Court first held that respondents were limited-purpose public figures and that New York Times therefore applied. The District Court then held that Bermant’s thorough investigation and research and his reliance on numerous sources precluded a finding of actual malice. Thus, the District Court granted the motion and entered judgment in favor of petitioners.

On appeal, the Court of Appeals affirmed as to 21 and reversed as to 9 of the allegedly defamatory statements. Although it noted that respondents did not challenge the District Court’s ruling that they were limited-purpose public figures and that they were thus required to prove their case under New York Times, the Court of Appeals nevertheless held that for the purposes of summary judgment the requirement that actual malice be proved by clear and convincing evidence, rather than by a preponderance of the evidence, was irrelevant: To defeat summary judgment respondents did not have to show that a jury could find actual malice with “convincing clarity.” The court based this conclusion on a perception that to impose the greater evidentiary burden at summary judgment “would change the threshold summary judgment inquiry from a search for a minimum of facts supporting the plaintiff’s case to an evaluation of the weight of those facts and (it would seem) of the weight of at least the defendant’s uncontroverted facts as well.” 241 U. S. App. D. C., at 253, 746 F. 2d, at 1570. The court then held, with respect to nine of the statements, that summary judgment had been improperly granted because “a jury could reasonably conclude that the … allegations were defamatory, false, and made with actual malice.” Id., at 260, 746 F. 2d, at 1577.

Our inquiry is whether the Court of Appeals erred in holding that the heightened evidentiary requirements that apply to proof of actual malice in this New York Times case need not be considered for the purposes of a motion for summary judgment. Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” By its very terms, this standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.

As to materiality, the substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted. See generally 10A C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure §2725, pp. 93–95 (1983). This materiality inquiry is independent of and separate from the question of the incorporation of the evidentiary standard into the summary judgment determination. That is, while the materiality determination rests on the substantive law, it is the substantive law’s identification of which facts are critical and which facts are irrelevant that governs. Any proof or evidentiary requirements imposed by the substantive law are not germane to this inquiry, since materiality is only a criterion for categorizing factual disputes in their relation to the legal elements of the claim and not a criterion for evaluating the evidentiary underpinnings of those disputes.

More important for present purposes, summary judgment will not lie if the dispute about a material fact is “genuine,” that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. In First National Bank of Arizona v. Cities Service Co., 391 U. S. 253 (1968), we affirmed a grant of summary judgment for an antitrust defendant where the issue was whether there was a genuine factual dispute as to the existence of a conspiracy. We noted Rule 56(e)’s provision that a party opposing a properly supported motion for summary judgment “ ‘may not rest upon the mere allegations or denials of his pleading, but … must set forth specific facts showing that there is a genuine issue for trial.’ ” We observed further that "“[i]t is true that the issue of material fact required by Rule 56(c) to be present to entitle a party to proceed to trial is not required to be resolved conclusively in favor of the party asserting its existence; rather, all that is required is that sufficient evidence supporting the claimed factual dispute be shown to require a jury or judge to resolve the parties differing versions of the truth at trial.” 391 U. S., at 288–289."

We went on to hold that, in the face of the defendant’s properly supported motion for summary judgment, the plaintiff could not rest on his allegations of a conspiracy to get to a jury without “any significant probative evidence tending to support the complaint.” Id., at 290.

Again, in Adickes v. S. H. Kress & Co., 398 U. S. 144 (1970), the Court emphasized that the availability of summary judgment turned on whether a proper jury question was presented. There, one of the issues was whether there was a conspiracy between private persons and law enforcement officers. The District Court granted summary judgment for the defendants, stating that there was no evidence from which reasonably minded jurors might draw an inference of conspiracy. We reversed, pointing out that the moving parties’ submissions had not foreclosed the possibility of the existence of certain facts from which “it would be open to a jury … to infer from the circumstances” that there had been a meeting of the minds. Id., at 158–159.

Our prior decisions may not have uniformly recited the same language in describing genuine factual issues under Rule 56, but it is clear enough from our recent cases that at the summary judgment stage the judge’s function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial. As Adickes, supra, and Cities Service, supra, indicate, there is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. Cities Service, supra, at 288–289. If the evidence is merely colorable, Dombrowski v. Eastland, 387 U. S. 82 (1967) (per curiam), or is not significantly probative, Cities Service, supra, at 290, summary judgment may be granted.

That this is the proper focus of the inquiry is strongly suggested by the Rule itself. Rule 56(e) provides that, when a properly supported motion for summary judgment is made, the adverse party “must set forth specific facts showing that there is a genuine issue for trial.” And, as we noted above, Rule 56(c) provides that the trial judge shall then grant summary judgment if there is no genuine issue as to any material fact and if the moving party is entitled to judgment as a matter of law. There is no requirement that the trial judge make findings of fact. The inquiry performed is the threshold inquiry of determining whether there is the need for a trial—whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party.

Petitioners suggest, and we agree, that this standard mirrors the standard for a directed verdict under Federal Rule of Civil Procedure 50(a), which is that the trial judge must direct a verdict if, under the governing law, there can be but one reasonable conclusion as to the verdict. Brady v. Southern R. Co., 320 U. S. 476, 479–480 (1943). If reasonable minds could differ as to the import of the evidence, however, a verdict should not be directed. Wilkerson v. McCarthy, 336 U. S. 53, 62 (1949). As the Court long ago said in Improvement Co. v. Munson, 14 Wall. 442, 448 (1872), and has several times repeated: "“Nor are judges any longer required to submit a question to a jury merely because some evidence has been introduced by the party having the burden of proof, unless the evidence be of such a character that it would warrant the jury in finding a verdict in favor of that party. Formerly it was held that if there was what is called a scintilla of evidence in support of a case the judge was bound to leave it to the jury, but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury could properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.” (Footnotes omitted.)"

See also Pleasants v. Fant, 22 Wall. 116, 120–121 (1875); Coughran v. Bigelow, 164 U. S. 301, 307 (1896); Pennsylvania R. Co. v. Chamberlain, 288 U. S. 333, 343 (1933).

The Court has said that summary judgment should be granted where the evidence is such that it “would require a directed verdict for the moving party.” Sartor v. Arkansas Gas Corp., 321 U. S. 620, 624 (1944). And we have noted that the “genuine issue” summary judgment standard is “very close” to the “reasonable jury” directed verdict standard: “The primary difference between the two motions is procedural; summary judgment motions are usually made before trial and decided on documentary evidence, while directed verdict motions are made at trial and decided on the evidence that has been admitted.” Bill Johnson’s Restaurants, Inc. v. NLRB, 461 U. S. 731, 745, n. 11 (1983). In essence, though, the inquiry under each is the same: whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.

Progressing to the specific issue in this case, we are convinced that the inquiry involved in a ruling on a motion for summary judgment or for a directed verdict necessarily implicates the substantive evidentiary standard of proof that would apply at the trial on the merits. If the defendant in a run-of-the-mill civil case moves for summary judgment or for a directed verdict based on the lack of proof of a material fact, the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented. The mere existence of a scintilla of evidence in support of the plaintiff’s position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff. The judge’s inquiry, therefore, unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the plaintiff is entitled to a verdict—“whether there is (evidence) upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.” Munson, supra, at 448.

In terms of the nature of the inquiry, this is no different from the consideration of a motion for acquittal in a criminal case, where the beyond-a-reasonable-doubt standard applies and where the trial judge asks whether a reasonable jury could find guilt beyond a reasonable doubt. See Jackson v. Virginia, 443 U. S. 307, 318, 319 (1979). Similarly, where the First Amendment mandates a “clear and convincing” standard, the trial judge in disposing of a directed verdict motion should consider whether a reasonable factfinder could conclude, for example, that the plaintiff had shown actual malice with convincing clarity.

The case for the proposition that a higher burden of proof should have a corresponding effect on the judge when deciding whether to send the case to the jury was well made by the Court of Appeals for the Second Circuit in United States v. Taylor, 464 F. 2d 240 (1972), which overruled United States v. Feinberg, 140 F. 2d 592 (1944), a case holding that the standard of evidence necessary for a judge to send a case to the jury is the same in both civil and criminal cases even though the standard that the jury must apply in a criminal case is more demanding than in civil proceedings. Speaking through Judge Friendly, the Second Circuit said: “It would seem at first blush—and we think also at second—that more ‘facts in evidence’ are needed for the judge to allow [reasonable jurors to pass on a claim] when the proponent is required to establish [the claim] not merely by a preponderance of the evidence but … beyond a reasonable doubt.” 464 F. 2d, at 242. The court could not find a “satisfying explanation in the Feinberg opinion why the judge should not place this higher burden on the prosecution in criminal proceedings before sending the case to the jury.” Ibid. The Taylor court also pointed out that almost all the Circuits had adopted some thing like Judge Prettyman’s formulation in Curley v. United States, 160 F. 2d 229, 232–233 (1947): "“The true rule, therefore, is that a trial judge, in passing upon a motion for directed verdict of acquittal, must determine whether upon the evidence, giving full play to the right of the jury to determine credibility, weigh the evidence, and draw justifiable inferences of fact, a reasonable mind might fairly conclude guilt beyond a reasonable doubt. If he concludes that upon the evidence there must be such a doubt in a reasonable mind, he must grant the motion; or, to state it another way, if there is no evidence upon which a reasonable mind might fairly conclude guilt beyond reasonable doubt, the motion must be granted. If he concludes that either of the two results, a reasonable doubt or no reasonable doubt, is fairly possible, he must let the jury decide the matter.”"

This view is equally applicable to a civil case to which the “clear and convincing” standard applies. Indeed, the Taylor court thought that it was implicit in this Court’s adoption of the clear-and-convincing-evidence standard for certain kinds of cases that there was a “concomitant duty on the judge to consider the applicable burden when deciding whether to send a case to the jury.” 464 F. 2d, at 243. Although the court thought that this higher standard would not produce different results in many cases, it could not say that it would never do so.

Just as the “convincing clarity” requirement is relevant in ruling on a motion for directed verdict, it is relevant in ruling on a motion for summary judgment. When determining if a genuine factual issue as to actual malice exists in a libel suit brought by a public figure, a trial judge must bear in mind the actual quantum and quality of proof necessary to support liability under New York Times. For example, there is no genuine issue if the evidence presented in the opposing affidavits is of insufficient caliber or quantity to allow a rational finder of fact to find actual malice by clear and convincing evidence.

Thus, in ruling on a motion for summary judgment, the judge must view the evidence presented through the prism of the substantive evidentiary burden. This conclusion is mandated by the nature of this determination. The question here is whether a jury could reasonably find either that the plaintiff proved his case by the quality and quantity of evidence required by the governing law or that he did not. Whether a jury could reasonably find for either party, however, cannot be defined except by the criteria governing what evidence would enable the jury to find for either the plaintiff or the defendant: It makes no sense to say that a jury could reasonably find for either party without some benchmark as to what standards govern its deliberations and within what boundaries its ultimate decision must fall, and these standards and boundaries are in fact provided by the applicable evidentiary standards.

Our holding that the clear-and-convincing standard of proof should betaken into account in ruling on summary judgment motions does not denigrate the role of the jury. It by no means authorizes trial on affidavits. Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge, whether he is ruling on a motion for summary judgment or for a directed verdict. The evidence of the nonmovant is to be believed, and all justifiable inferences are to be drawn in his favor. Adickes, 398 U. S., at 158–159. Neither do we suggest that the trial courts should act other than with caution in granting summary judgment or that the trial court may not deny summary judgment in a case where there is reason to believe that the better course would be to proceed to a full trial. Kennedy v. Silas Mason Co., 334 U. S. 249 (1948).

In sum, we conclude that the determination of whether a given factual dispute requires submission to a jury must be guided by the substantive evidentiary standards that apply to the case. This is true at both the directed verdict and summary judgment stages. Consequently, where the New York Times “clear and convincing” evidence requirement applies, the trial judge’s summary judgment inquiry as to whether a genuine issue exists will be whether the evidence presented is such that a jury applying that evidentiary standard could reasonably find for either the plaintiff or the defendant. Thus, where the factual dispute concerns actual malice, clearly a material issue in a New York Times case, the appropriate summary judgment question will be whether the evidence in the record could support a reasonable jury finding either that the plaintiff has shown actual malice by clear and convincing evidence or that the plaintiff has not.

Respondents argue, however, that whatever may be true of the applicability of the “clear and convincing” standard at the summary judgment or directed verdict stage, the defendant should seldom if ever be granted summary judgment where his state of mind is at issue and the jury might disbelieve him or his witnesses as to this issue. They rely on Poller v. Columbia Broadcasting Co., 368 U. S. 464 (1962), for this proposition. We do not understand Poller, however, to hold that a plaintiff may defeat a defendant’s properly supported motion for summary judgment in a conspiracy or libel case, for example, without offering any concrete evidence from which a reasonable juror could return a verdict in his favor and by merely asserting that the jury might, and legally could, disbelieve the defendant’s denial of a conspiracy or of legal malice. The movant has the burden of showing that there is no genuine issue of fact, but the plaintiff is not thereby relieved of his own burden of producing in turn evidence that would support a jury verdict. Rule 56(e) itself provides that a party opposing a properly supported motion for summary judgment may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial. Based on that Rule, Cities Service, 391 U. S., at 290, held that the plaintiff could not defeat the properly supported summary judgment motion of a defendant charged with a conspiracy without offering “any significant probative evidence tending to support the complaint.” As we have recently said, “discredited testimony is not (normally) considered a sufficient basis for drawing a contrary conclusion.” Bose Corp. v. Consumers Union of United States, Inc., 466 U. S. 485, 512 (1984). Instead, the plaintiff must present affirmative evidence in order to defeat a properly supported motion for summary judgment. This is true even where the evidence is likely to be within the possession of the defendant, as long as the plaintiff has had a full opportunity to conduct discovery. We repeat, however, that the plaintiff, to survive the defendant’s motion, need only present evidence from which a jury might return a verdict in his favor. If he does so, there is a genuine issue of fact that requires a trial.

In sum, a court ruling on a motion for summary judgment must be guided by the New York Times “clear and convincing” evidentiary standard in determining whether a genuine issue of actual malice exists—that is, whether the evidence presented is such that a reasonable jury might find that actual malice had been shown with convincing clarity. Because the Court of Appeals did not apply the correct standard in reviewing the District Court’s grant of summary judgment, we vacate its decision and remand the case for further proceedings consistent with this opinion. It is so ordered.


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Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/612

 The lieutenant and his small band of black soldiers had, after a stiff fight, succeeded in forcing the entrance to this, when their ammunition gave out, and they had to fall back. The Bueans, regarding this as their victory, rallied, and a chance shot killed the lieutenant instantly. A further expedition was promptly sent up from Victoria and it wiped the error out of the Buean mind and several Bueans with it. But it was a very necessary expedition. These natives were a constant source of danger to the more peaceful trading tribes, whom they would not permit to traverse their territory. The Bueans have been dealt with mercifully by the Germans, for their big villages, like Sapa, are still standing, and a continual stream of natives come into the barrack-yard, selling produce, or carrying it on down to Victoria markets, in a perfectly content and cheerful way. I met this morning a big burly chief with his insignia of office—a great stick. He, I am told, is the chief or Sapa whom Herr von Lucke has called to talk some palaver with down in Victoria.

At last I leave Herr Liebert, because everything I say to him causes him to hop, flying somewhere to show me something, and I am sure it is bad for his foot. I go and see that my men are safely quartered. Kefalla is laying down the law in a most didactic way to the soldiers. Herr Liebert has christened him "the Professor," and I adopt the name for him, but I fear "Windbag" would fit him better.

At 7.30 a heavy tornado comes rolling down upon us. Masses of indigo cloud with livid lightning flashing in the van, roll out from over the wall of the great crater above; then with that malevolence peculiar to the tornado it sees all the soldiers and their wives and children sitting happily in the barrack yard, howling in a minor key and beating their beloved tom-toms, so it comes and sits flump down on them with deluges of water, and sends its lightning running over the ground in livid streams of living death. Oh they are nice things are tornadoes! I wonder what they will be like when we are up in their home; up atop of that precious wall? I had no idea Mungo was so steep. If I had—well, I am in for it now!


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September 22nd.—Wake at 5. Fine morning. Fine view towards Cameroon River. The broad stretch of forest below, and the water-eaten mangrove swamps below that, are all a glorious indigo flushed with rose colour from "the death of the night," as Kiva used to call the dawn. No one stirring till six, when people come out of the huts, and stretch themselves and proceed to begin the day, in the African's usual perfunctory, listless way. I am not stating this as a peculiar trait arising from his cerebral development; it is merely the natural sequence of the nights he goes in for so cheerily: Katzenjammer, is, I believe, the technical term.

My crew are worse than the rest. I go and hunt cook out. He props open one eye, with difficulty, and yawns a yawn that nearly cuts his head in two. I wake him up with a shock, by saying I mean to go on up to-day, and want my chop, and to start one time. He goes off and announces my horrible intention to the others. Kefalla soon arrives upon the scene full of argument, "You no sabe this be Sunday, Ma?" says he in a tone that tells he considers this settles the matter. I "sabe" unconcernedly; Kefalla scratches his head for other, argument, but he has opened with his heavy artillery; which being repulsed throws his rear lines into confusion. Bum, the head man, then turns up, sound asleep inside, but quite ready to come. Bum, I find, is always ready to do what he is


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52

Hear you the news abroad?

1. Cit. Ay; that the king is dead.

2. Cit. Ill news, by'r lady; seldom comes the better:

I fear, I fear, 'twill prove a giddy world.

3. Cit. Neighbours, God speed!

1. Cit. Give you good morrow, sir.

3. Cit. Doth the news hold of good King Edward's death?

2. Cit. Ay, sir, it is too true; God help the while!

3. Cit. Then, masters, look to see a troublous world.

1. Cit. No, no; by God's good grace, his son shall reign.

3. Cit. Woe to that land that's govern'd by a child!

2. Cit. In him there is a hope of government,

Which in his nonage council under him,

And in his full and ripen'd years himself,

No doubt, shall then and till then govern well.

1. Cit. So stood the state when Henry the Sixth

Was crown'd at Paris but at nine months old.

3. Cit. Stood the state so? no, no, good friends, God wot;

For then this land was famously enrich'd

With politic grave counsel; then the king

Had virtuous uncles to protect his Grace.

1. Cit. Why, so hath this, both by his father and mother.

3. Cit. Better it were they all came by his father,

Or by his father there were none at all;

For emulation, who shall now be nearest,

 4 by'r: by our (corruption of oath)

seldom better; cf. n.

5 giddy: confused

7 hold: hold good

9 troublous: troubled

11 Woe child; cf. n.

13 nonage: minority

17 nine months; cf. n.

25 emulation: jealous rivalry

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Talk:Sonnets and Ballate of Guido Cavalcanti

Contents
If this only shows the translations, how should the contents page work as that gives pages of Italian originals ? -- Beardo (talk) 23:51, 20 November 2023 (UTC)


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Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/616

 told, but has no more original ideas in his head than there are in a chair leg. Kefalla, however, by scratching other parts of his anatomy diligently, has now another argument ready, the two Bakwiris are sick with abdominal trouble, that requires rum and rest, and one of the other boys has hot foot.

Herr Liebert now appears upon the scene, and says I can have some of his labourers, who are now more or less idle, because he cannot get about much with his bad foot to direct them, so I give the Bakwiris and the two hot foot cases "books" to take down to Herr von Lucke who will pay them off for me, and, seeing that they have each a good day’s rations of rice, beef, &c., eliminate them from the party.

In addition to the labourers, I am to have as a guide Sasu, a black sergeant, who went up the Peak with the officers of the Hyæna, and I get my breakfast, and then hang about watching my men getting ready very slowly to start. They spin some plausible yarns about getting food cooked, in case they cannot get a fire when we reach the top of the forest belt, where we are to camp. I never saw a forest yet in Africa where you could not get a fire, but knowing that my previous experiences have never been beyond 5,000 feet in elevation, I let them have their way. Off we get about 8, and start with all good wishes, and grim prophecies, from Herr Liebert.

Led by Sasu, and accompanied by "To-morrow," a man who has come to Buea from some interior unknown district, and who speaks no known language, and whose business it is to help to cut a way through the bush, we go down the path we came and cross the river again. This river seems to separate the final mass of the mountain from the foot-hills on this side. Immediately after crossing it we turn up into the forest on the right hand side, and "To-morrow" cuts through an overgrown track for about half-an-hour, and then leaves us.

Everything is reeking wet, and we swish through thick undergrowth and then enter a darker forest where the earth is rocky and richly decorated with ferns and moss. For the first time in my life I see tree-ferns growing wild in luxuriant profusion. What glorious creations they are! Then we get out into the middle of a koko plantation. Next to sweet


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Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/368

 because He has not yet attained majority or because of any other reason, the Privy Council shall nominate any person who is appropriate for the position of Regent to the National Assembly for approval. Once approval has been given by the National Assembly, the President of the National Assembly shall announce appointing such person as Regent in the name of the Monarch.

Whilst there is no Regent according to the provisions of section 21 or section 22, the President of the Privy Council shall serve as Regent for the time being.

In the event that the Regent appointed in accordance with section 21 or section 22 is unable to perform duties, the President of the Privy Council shall act as Regent temporarily.

Whilst the President of the Privy Council is serving as Regent according to paragraph 1 or whilst the President of the Privy Council is acting as Regent according to paragraph 2, the President of the Privy Council shall not function as President of the Privy Council. In such event, the Privy Council shall select one of the Privy Councillors to act as President of the Privy Council temporarily.

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Page:Richard III (1927) Yale.djvu/67

Richard the Third, II. iii

Will touch us all too near, if God prevent not.

O! full of danger is the Duke of Gloucester,

And the queen's sons and brothers haught and proud!

And were they to be rul'd, and not to rule,

This sickly land might solace as before.

1. Cit. Come, come, we fear the worst; all will be well.

3. Cit. When clouds are seen, wise men put on their cloaks;

When great leaves fall, then winter is at hand;

When the sun sets, who doth not look for night?

Untimely storms make men expect a dearth.

All may be well; but, if God sort it so,

'Tis more than we deserve, or I expect.

2. Cit. Truly, the hearts of men are full of fear:

You cannot reason almost with a man

That looks not heavily and full of dread.

3. Cit. Before the days of change, still is it so:

By a divine instinct men's minds mistrust

Pursuing danger; as, by proof, we see

The waters swell before a boisterous storm.

But leave it all to God. Whither away?

2. Cit. Marry, we were sent for to the justices.

3. Cit. And so was I: I'll bear you company.

Exeunt.

 28 haught: haughty

30 solace: be happy

36 sort: allot

39 almost: hardly

40 That heavily: who does not look as if aware of the serious day

43 by: for

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163


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 Prior to assuming duties, the Regent appointed in accordance with section 21 or section 22 must make an affirmation at a meeting of the National Assembly through the following statement:

""I, (name of the affirmer), hereby affirm that I will be loyal to the Monarch, (name of the Monarch), and I will perform my duties with integrity for the benefit of the Country and the people, and I will also preserve and observe the Constitution of the Kingdom of Thailand in every respect.""

Succession to the throne shall be in accordance with the gist of the Palace Law on Succession, 2467 Buddhist Era, and with the approval of the National Assembly. If there is no royal son, succession by a royal daughter may be approved by the National Assembly.

An amendment to the Palace Law on Succession, 2467 Buddhist Era, can be made in the same manner as an amendment to the Constitution.

In the event that the throne becomes vacant, the Privy Council shall nominate a successor according to the Palace Law on Succession, 2467 Buddhist Era, to the National Assembly for approval. Once approval has been given by the National Assembly,

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 potatoes, the premier abomination to walk through, give me kokos for good all-round tryingness, particularly when they are wet, as, is very much the case now. These gigantic arums poise in their broad leaves little reservoirs of water, which you upset over yourself as you pass through. The big round roots are excellent things to fall over. They project above the earth, and you can jam your foot against them and pitch forward, or you can step on one of them and fall backwards or sideways. The entertainment they afford the wayfarer is not monotonous, but it is exasperating. Getting through these we meet the war hedge again, and after a conscientious struggle with various forms of vegetation in a muddled, tangled state, Sasu says, "No good, path done got stopped up," so we turn and retrace our steps all the way, cross the river, and horrify Herr Liebert by invading his house again. We explain the situation. Grave headshaking between him and Sasu about the practicability of any other route, because there is no other path. I do not like to say "so much the better," because it would have sounded ungrateful, but I knew from my Ogowé experiences that a forest that looks from afar a dense black mat is all right underneath, and there is a short path recently cut by Herr Liebert that goes straight up towards the forest above us. It had been made to go to a clearing, where ambitious agricultural operations were being inaugurated, when Herr Liebert hurt his foot. Up this we go, it is semi-vertical while it lasts, and it ends in a scrubby patch that is to be a plantation; this crossed we are in the Urwald, and it is more exquisite than words can describe, but not good going, particularly at one spot where a gigantic tree has fallen down across a little rocky ravine, and has to be crawled under. It occurs to me that this is a highly likely place for snakes, and an absolutely sure find for scorpions, and when we have passed it three of these latter interesting creatures are observed on the load of blankets which is fastened on to the back of Kefalla. We inform Kefalla of the fact on the spot. A volcanic eruption of entreaty, advice, and admonition results, but we still hesitate. However, the gallant cook tackles them in a sort of tip-cat way with a stick, and we proceed into a patch of long grass, beyond which there


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54

Arch. Last night, I hear, they lay at Stony-Stratford;

And at Northampton they do rest to-night:

To-morrow, or next day, they will be here.

Duch. I long with all my heart to see the prince.

I hope he is much grown since last I saw him.

Q. Eliz. But I hear, no; they say my son of York

Has almost overta'en him in his growth.

York. Ay, mother, but I would not have it so.

Duch. Why, my good cousin, it is good to grow.

York. Grandam, one night, as we did sit at supper,

My uncle Rivers talk'd how I did grow

More than my brother: 'Ay,' quoth my uncle Gloucester;

'Small herbs have grace, great weeds do grow apace:'

And since, methinks, I would not grow so fast,

Because sweet flowers are slow and weeds make haste.

Duch. Good faith, good faith, the saying did not hold

In him that did object the same to thee:

He was the wretched'st thing when he was young,

So long a-growing, and so leisurely,

That, if his rule were true, he should be gracious.

Arch. And so, no doubt, he is, my gracious madam.

Duch. I hope he is; but yet let mothers doubt.

York. Now, by my troth, if I had been remember'd,

 1 Stony-Stratford; cf. n.

18 wretched'st: puniest

23 been remember'd: recollected

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 the President of the National Assembly shall invite the successor to ascend the throne as Monarch and the President of the National Assembly shall then announce this for public knowledge.

Whilst the successor under paragraph 1 is yet to be announced, the President of the Privy Council shall serve as Regent for the time being. However, in the event that the throne becomes vacant whilst a Regent has been appointed in accordance with section 21 or section 22 or whilst the President of the Privy Council is serving as Regent in accordance with section 23, paragraph 1, such or such Regent, as the case may be, shall continue to serve as Regent until the successor is announced.

In the event that the appointed Regent who continues to serve as Regent in accordance with paragraph 2 is unable to perform duties, the President of the Privy Council shall act as Regent temporarily.

In the event that the President of the Privy Council serves as Regent in accordance with paragraph 2 or acts as Regent temporarily in accordance with paragraph 3, the provisions of section 23, paragraph 3, shall apply.

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Rh


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168


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Persons are equal under the law and enjoy equal protection of the law.

Persons have rights and freedoms, subject to the provisions of the Constitution.

Men and women have equal rights.

Restriction of rights and freedoms in a manner against the spirit of the provisions of the Constitution shall be prohibited.

Persons have political rights.

Exercise of the right to vote in elections, the right to apply for candidacies in elections, and the right to vote in referendums shall be in accordance with the provisions of the Constitution.

Persons have full freedom to profess a religion, religious sect, or religious cult, and have freedom to perform rites according to their own belief when this is not adverse to the civic duties and not contrary to public peace and order or good morals.

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Page:The Necromancer, or, The Tale of the Black Forest Vol. 1.djvu/157

 time, however he entreated me not to invite too great a number of friends, that the danger of detection might not be increased without need. Having promised to act according to his desire, I left him with the greatest satisfaction, and went directly to my disappointed friend, who was railing with much asperity against the cowardice of his adversary.

"What, brother," exclaimed I, "what will all this anger boot thee? It certainly will not give courage to Baron T, and thou canst not be blamed on account of his ungentleman-like behaviour, having not challenged him. There are a great many who would be glad to sneak off so cheaply and yet so gloriously; you rather ought to pity the white-livered fellow, than to be angry with him, yet, if you like, we may hit him a blow when he least suspects it."

Not knowing whether my friend would approve my plan or not, I pronounced the


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 last words in a jocose tone, to secure a fair retreat, in case he should not relish my proposal.

"How else," resumed I, "could one get at him, than by forcing him to wait on us? Didst thou not lately swear to have him conjured hither by Volkert, if he should give us the slip?"

My friend seemed at first to be offended, looking upon my proposal as an unseasonable joke; but when I went on talking of Volkert, and his occult arts, he asked me at last, "Seriously, friend, dost thou believe in the secret arts of that fellow?"

"I believe nothing," replied I, "what I have not seen; let us make a trial how far the common talk of his supernatural arts deserves being credited."

He stared at me with astonishment, asking me, after a short pause,


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Edelman J Steward J

the appellate court of the proviso by establishing that despite this capacity for prejudice there was no substantial miscarriage of justice.

A judge's directions to a jury

As Lord Griffiths observed in R v H, the reason why criminal cases are heard by juries rather than by a judge alone is that "our society prefers to trust the collective judgment of 12 men and women drawn from different backgrounds to decide the facts of the case rather than accept the view of a single professional judge". But society's preference is based upon a number of critical assumptions about how a jury will undertake its solemn task. One of these is that members of a jury will obey, without qualification in any way, the directions of the trial judge.

The critical importance of the jury system in Australia was recently reaffirmed in Hoang v The Queen, when, in a unanimous judgment, this Court said :

"The jury is 'the fundamental institution in our traditional system of administering criminal justice'. It is, in a criminal trial, the method by which laypeople selected by lot perform, under the guidance of a judge, the fact‑finding function of ascertaining guilt or innocence."

In Gilbert v The Queen, Gleeson CJ and Gummow J thus said :

"The system of criminal justice, as administered by appellate courts, requires the assumption, that, as a general rule, juries understand, and follow, the directions they are given by trial judges."

In the same case, McHugh J observed that unless juries "act on the evidence and in accordance with the directions of the trial judge", there is simply no point in having trial by jury. In the full passage from which this proposition emerges, his Honour said :

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Page:The Political History of the Devil - Defoe (1726).djvu/27

 But there is so much to enquire of about the Devil, before we can bring his story down to our modern times, that we must for the present let that drop, and look a little back to the remoter part of his history, and draw his picture that people may know him when they meet him, and see who and what he is, and what he has been doing ever since he got leave to act in the high station he now appears in.

In the mean time, if I might obtain leave to present an humble petition to Satan, it should be, that he would according to modern usage oblige us all with writing the history of his own times; 'twould, as well as one that is gone before it, be a devilish good one; for as to the sincerity of the performance, the authority of the particulars, the justice of the characters, &c. if they were no better vouch'd, no more consistent with themselves, with charity, with truth, and with the honour of an historian, than the last of that kind which came abroad among us, it must be a reproach to the Devil himself to be author of it.

Were Satan to be brought under the least obligation to write truth, and that the matters of fact, which he should write, might be depended upon, he is certainly qualified by his knowledge of things to be a compleat historian; nor could the Bishop himself, who, by the way, has given us already the devil of a history, come up to him: Milton's pandemonium, tho' an excellent dramatick performance, would appear a meer trifling sing-song business, beneath the dignity of Chevy-chase: The Devil could give us a true account of all the civil wars in Heaven; how and by whom, and in what manner he lost the day there, and was oblig'd to quit the field: The fiction of his refusing to acknowledge and submit to the Messiah, upon his being declar'd Generalissimo of


text: Index:New Peterson Magazine 1853 Vol. XXIV.pdf


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Edelman J Steward J

"The criminal trial on indictment proceeds on the assumption that jurors are true to their oath, that, in the quaint words of the ancient oath, they hearken to the evidence and that they obey the trial judge's directions. On that assumption, which I regard as fundamental to the criminal jury trial, the common law countries have staked a great deal. If it was rejected or disregarded, no one – accused, trial judge or member of the public – could have any confidence in any verdict of a criminal jury or in the criminal justice system whenever it involves a jury trial. If it was rejected or disregarded, the pursuit of justice through the jury system would be as much a charade as the show trial of any totalitarian state. Put bluntly, unless we act on the assumption that criminal juries act on the evidence and in accordance with the directions of the trial judge, there is no point in having criminal jury trials."

To similar effect, Keane JA said in R v D'Arcy of the juror's oath :

"[T]he law proceeds upon the assumption that jurors may be relied upon to determine issues of guilt or innocence in accordance with their sworn oath. The administration of criminal justice necessarily depends upon the compliance by jurors with directions from the trial judge to base their verdict on the evidence given before them on the trial and to disregard information otherwise acquired."

In the State of Queensland, the juror's oath is in the following form :

"You will conscientiously try the charges against the defendant (or defendants) [*or the issues on which your decision is required] and decide them according to the evidence. You will also not disclose anything about the jury's deliberations other than as allowed or required by law. So help you God."

The foregoing reflects the obligation imposed upon juries by s 50 of the Jury Act 1995 (Qld) that they must give a "true verdict, according to the evidence, on the issues to be tried". A "true verdict" is necessarily one made in accordance with the validly made directions of the trial judge.

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Edelman J Steward J

The Jury Act contains a number of provisions designed to protect the integrity of the jury system. For example, pursuant to s 54, a person cannot communicate with any juror whilst the jury is being "kept together" (save in certain exceptional cases). Pursuant to s 56, a judge may, amongst other things, discharge a juror (without the need to discharge the entire jury) if it appears to that judge "that the juror is not impartial or ought not, for other reasons" be allowed to act as a juror, or becomes incapable of continuing to act as a juror. Pursuant to s 60(1), if a jury cannot agree on a verdict, or the judge considers there are "other proper reasons" for discharging the jury, then the judge may discharge the jury without giving a verdict. Pursuant to s 69A(1), a juror in a criminal trial must not inquire about the defendant until the jury has given its verdict or the juror is discharged by the judge. Pursuant to s 70(2), a person must not publish to the public "jury information" (defined, relevantly, in s 70(17) to refer to information about statements made, opinions expressed, arguments advanced or votes cast, in the course of a jury's deliberations). Pursuant to s 70(3), a person must not seek from a juror the disclosure of jury information, and pursuant to s 70(4), a juror must not disclose jury information if it is likely to be, or will be, published to the public. An exception to s 70(2)–(4) exists where the disclosure is made to the court "to the extent necessary for the proper performance of the jury's functions". Pursuant to s 70(7), if there are grounds to suspect that a person may have been guilty of "bias, fraud or an offence" relating to that person's membership of a jury or performance of functions as a member of a jury, the court may authorise an investigation of that matter and, for that purpose, seek disclosure of jury information. If a member of a jury holds an equivalent suspicion about a fellow jury member, that person may disclose that suspicion to the Attorney-General or to the Director of Public Prosecutions.

Putting to one side those directions by a trial judge that might be described as purely administrative, or concerning matters that might be regarded as more trivial, the foregoing provisions reflect the vital importance of the directions of the trial judge in ensuring that the jury system works with integrity. That was the case with the directions given by the trial judge here.

The trial judge told the jurors not to "get on the internet and look anybody up" and not to look up "legal principles", which direction was emphasised by the phrase "[d]on't do it". These were clear directions about matters designed to maintain the integrity of the jury system. Indeed, the trial judge gave several directions about not conducting "your own research on any matters of law". The same observation may be made about the trial judge's direction that if one member of the jury were to disobey a direction, the other jurors were to give a note to the

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text: The World Significance of the Russian Revolution/Section 2


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title: Page:HCF v The Queen.pdf/47


text: The World Significance of the Russian Revolution/Section 3


text: The World Significance of the Russian Revolution/Section 4


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Edelman J Steward J

bailiff so that the trial judge could then examine the matter. To emphasise the criticality of these directions the jurors were told that non-compliance would be an "offence by way of contempt of court".

As already mentioned, "a person is entitled to a trial where rules of procedure and evidence are strictly followed". This proposition is derived from the reasons of Fullagar J in Mraz v The Queen, in which his Honour was discussing the application of the proviso following a misdirection by the trial judge. His Honour explained that a trial where the rules of procedure and evidence are strictly followed is an entitlement of an accused person consistent with the "long tradition of the English criminal law". Without such strict compliance justice will miscarry unless (under the proviso) the Crown can "make it clear that there is no real possibility that justice has miscarried".

Three further observations should be made. First, it does not follow that every failure to follow a judge's directions will constitute a miscarriage of justice for the purposes of s 668E(1) of the Criminal Code. There must be some impact upon justice for the failure to constitute a miscarriage of justice. A departure which is trivial or meaningless, or is of no real moment – such that it is incapable of causing prejudice to the jury's consideration of the defendant's case – would not be an irregularity that would constitute a miscarriage of justice.

Secondly, given the usual gravity of a judge's directions, it would be a rare case in which a juror's or jury's disobedience did not constitute a miscarriage of justice. Indeed, that should be the assumed starting point when considering jury recalcitrance. Whether, following an application of the proviso (contained, in Queensland, in s 668E(1A) of the Criminal Code), it might nonetheless be the case that no substantial miscarriage of justice had taken place because the Crown demonstrates that the disobedience could not have affected the result is another matter entirely.

Thirdly, there may also be cases where a juror's or jury's disobedience is so extremely serious or stark that it constitutes a serious departure from the prescribed

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Richard the Third, II. iv

I could have given my uncle's grace a flout,

To touch his growth nearer than he touch'd mine.

Duch. How, my young York? I prithee, let me hear it

York. Marry, they say my uncle grew so fast,

That he could gnaw a crust at two hours old:

'Twas full two years ere I could get a tooth.

Grandam, this would have been a biting jest.

Duch. I prithee, pretty York, who told thee this?

York. Grandam, his nurse.

Duch. His nurse! why, she was dead ere thou wast born.

York. If 'twere not she, I cannot tell who told me.

Q. Eliz. A parlous boy: go to, you are too shrewd.

Duch. Good madam, be net angry with the child.

Q. Eliz. Pitchers have ears.

Arch. Here comes a messenger. What news?

Mess. Such news, my lord, as grieves me to report.

Q. Eliz. How doth the prince?

Mess. Well, madam, and in health.

Duch. What is thy news?

Mess. Lord Rivers and Lord Grey are sent to Pomfret,

With them Sir Thomas Vaughan, prisoners.

Duch. Who hath committed them?

Mess. The mighty dukes,

Gloucester and Buckingham.

Arch. For what offence?

Mess. The sum of all I can I nave disclos'd:

Why, or for what, the nobles were committed

Is all unknown to me, my gracious lord.

 28 Cf. n.

35 parlous: clever, keen

37 Pitchers; cf. n.

S. d. Cf. n.

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processes for a criminal trial, thus inexorably giving rise to a substantial miscarriage of justice for the purposes of the proviso. This is not such a case. Three occasions of jury disobedience of directions

Based upon the note handed to the Acting Deputy Registrar on 21 October 2020 and upon the Sheriff's report, the jury or members of the jury disobeyed the trial judge on three separate occasions.

First, the person known as juror X researched the law concerning the offences of rape and what either juror X, or the jury more generally, described as "carnal knowledge", including the sentences for these offences.

Secondly, juror X disclosed this prohibited information to his fellow jurors and it was the subject of discussion by juror X and other members of the jury, who reached conclusions from their discussions about the sentencing considerations for the relevant offences. Juror A said that the "sentencing durations" were used by juror X to make an argument that a potential conviction "could have severe personal consequences [for the] defendant". Juror A also said that a "small minority number of jurors … supported [juror X's] views".

Thirdly, all of the members of the jury failed to bring to the attention of the trial judge what juror X had done, or that this prohibited information had, in some way and to some extent, been discussed by the jury with conclusions reached by some members of the jury.

Miscarriage of justice and jury misbehaviour

The misbehaviour by the jury in this case was plainly a departure from that strict application of the law to which an accused is entitled. The only issue is whether this conduct met the low threshold of practical injustice described above: an irregularity with the capacity to prejudice the jury's consideration of the defendant's case, irrespective of whether the result might, or might not, have been different.

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The task of issuing the first part of the Mahabharata in English has, I regret to observe, taken more time than I had anticipated. Indeed, at the time I announced my intention of issuing one part every month, I had no idea of the literary difficulty of the undertaking. References have to be made to savants in foreign countries and pundits in other presidencies of India, and replies have to be waited for, before doubtful points can be cleared up. The work of printing, therefore, has frequently to be suspended pending such references.

In modification, therefore, of my original intention, I beg to announce that in future I shall issue on epart every two months. Let it not be understood, however, that I would rigidly adhere to this rule, for I may then issue, under favorable circumstances, one part every month, as originally announced or ever two parts a month occasionally. It is only to avoid breaking my engagement with the public I announce that under any circumstances no two months will ever elapse without at least one part being issued.

A list of the publications of the Datavya Bharat Karyalya in course of distribution:—


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 TO AUTUMN

of mists and mellow fruitfulness,

Close bosom-friend of the maturing sun;

Conspiring with him how to load and bless

With fruit the vines that round the thatch-eaves run;

To bend with apples the moss'd cottage-trees,

And fill all fruit with ripeness to the core;

To swell the gourd, and plump the hazel shells

With a sweet kernel; to set budding more,

And still more, later flowers for the bees,

Until they think warm days will never cease,

For Summer has o'er-brimm'd their clammy cells.

Who hath not seen thee oft amid thy store?

Sometimes whoever seeks abroad may find

Thee sitting careless on a granary floor,

Thy hair soft-lifted by the winnowing wind;

Or on a half-reap'd furrow sound asleep,

Drowsed with the fume of poppies, while thy hook

Spares the next swath and all its twined flowers:

And sometimes like a gleaner thou dost keep

Steady thy laden head across a brook;

Or by a cider-press, with patient look,

Thou watchest the last oozings, hours by hours.

Where are the songs of Spring? Ay, where are they?

Think not of them, thou hast thy music too,—

While barred clouds bloom the soft-dying day,

And touch the stubble-plains with rosy hue;

Then in a wailful choir the small gnats mourn

Among the river sallows, borne aloft

Or sinking as the light wind lives or dies;

And full-grown lambs loud bleat from hilly bourn;

Hedge-crickets sing; and now with treble soft

The redbreast whistles from a garden-croft,

And gathering swallows twitter in the skies.


text: The complete poetical works and letters of John Keats/To Autumn


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day is gone, and all its sweets are gone!

Sweet voice, sweet lips, soft hand, and softer breast,

Warm breath, light whisper, tender semi-tone,

Bright eyes, accomplish'd shape, and lang'rous waist!

Faded the flower and all its budded charms,

Faded the sight of beauty from my eyes,

Faded the shape of beauty from my arms,

Faded the voice, warmth, whiteness, paradise!

Vanish'd unseasonably at shut of eve,

When the dusk holiday—or holinight—

Of fragrant-curtain'd love begins to weave

The woof of darkness thick, for hid delight:

But, as I 've read love's missal through to-day,

He 'll let me sleep, seeing I fast and pray.

can I do to drive away

Remembrance from my eyes? for they have seen,

Aye, an hour ago, my brilliant Queen!

Touch has a memory. O say, love, say,

What can I do to kill it and be free

In my old liberty?

When every fair one that I saw was fair,

Enough to catch me in but half a snare,

Not keep me there:

When, howe'er poor or particolour'd things,

My muse had wings,

And ever ready was to take her course

Whither I bent her force,

Unintellectual, yet divine to me;—

Divine, I say!—What sea-bird o'er the sea

Is a philosopher the while he goes

Winging along where the great water throes?

How shall I do

To get anew

Those moulted feathers, and so mount once more

Above, above

The reach of fluttering Love,

And make him cower lowly while I soar?

Shall I gulp wine? No, that is vulgarism,

A heresy and schism,

Foisted into the canon law of love;—

No, wine is only sweet to happy men;

More dismal cares

Seize on me unawares,—

Where shall I learn to get my peace again?

To banish thoughts of that most hateful land,