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 ful—is always associated with characteristic and uniform changes in the circulation is still the subject of considerable difference of opinion. It is probable that the discrepancies are largely occasioned by the fact that the characters of feelings are, as maintained by Wundt, much more complex than can be expressed in simple terms of pleasure or pain. For besides being pleasurable or the reverse (Lust—Unlust), feelings are exciting or soothing (Erregung—Beruhigung), straining or relaxing (Spannung—Losung), and vary in intensity. And Brahm holds that each of these conditions has its specific influence on the circulation, hence the results may so vary in different individuals that absolute uniformity probably does not exist. Apart from the suddenness of the change from a state of repose to a state of activity, whether this be indifferent, such as mere surprise, or of a painful or pleasurable character, the balance of evidence is in favour of the view that pleasurable sensations and emotions are accompanied by vascular dilatation and low tension, while the contrary are associated with vascular

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 constriction and high-tension pulse. This is borne out, not only by experiments on normal individuals, but by observations on the morbid states of joy and sadness in the typical forms of insanity.

The vascular dilatation of pleasurable states of mind signifies also a more active circulation and exaltation of all the vital processes—dynamic and metabolic—while the opposite condition obtains in states of mental pain. Conversely, also, given the vascular and corporeal state arising spontaneously or induced artificially, usually associated with any particular mood, trains of thought and states of feeling corresponding therewith are apt to arise in consciousness. This, in all probability, as Lange indicates, is the origin of the use of stimulants and nervines of various kinds, which all nations and at all times have dis-

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 covered for themselves. That "wine maketh merry the heart of man" is only a more picturesque statement of the truth I am endeavouring to convey in more didactic style. Pleasurable and painful emotions are thus not merely subjective states of consciousness, but at the same time objective corporeal conditions of exalted or depressed vital energy respectively, which manifest themselves not only in outward attitude and gestures but in the relative power of the organism to withstand debilitating agencies of all kinds. To promote the one and to combat the other is therefore to the physician not less important—and perhaps more a mark of therapeutic skill—than a judicious selection from the materia medica. There is thus a similarity, if not an identity, between the effects on the circulation of painful and pleasurable sensations and painful and pleasurable emotions, and at bottom they are probably based on the same physical substrata. Pain and pleasure are merely the subjective aspects of physiological conditions harmful or beneficial to the organism—a harmonious relation or the reverse between the processes of integration and disintegration.

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 As all the emotions, however complex, are founded ultimately on the affective tone accompainting the exercise of the organs of sensation in all their relations, visceral or somatic, the emotional and sensory substrata are one and the same. And it is not improbable that each organ has its own affective tone, its own centre, and contributes its own share to the general emotional result. Whether the feelings are conditioned from within or without, by presentation or representation, the effect on the circulation is the same. That which seems to constitute the chief difference between simple feelings and emotions is the relatively greater influence of the latter as compared with the former. Emotions are unitary composites of simple feelings and the resulting aggregate is much more powerful than any one of its individual elements. Fear, which is mental pain, causes greater acceleration of the heart, greater vascular constriction, and greater pallor than can be induced by mere physical pain. Not only is the circulation profoundly affected but there is a tendency to irradiation beyond the cardiac and vaso-motor into all the splanchnic functions, so that we observe inter

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 alia profuse perspiration, horripilation, and movements of the abdominal and pelvic viscera, which can rarely, if ever, be reflexly induced by any degree of peripheral stimulation. In its more intense forms fear may for ever arrest the heart-beat or so break down all the protective mechanism of the organism that flight, defence, or other means of adaptation are rendered impossible, and the animal falls an easy victim to the danger assailing it.

When we inquire by what mechanism the centres of thought and feeling influence the heart and blood-vessels—whether there are cortical cardiac and vaso-motor centres properly so-called, or whether the cerebral hemispheres act only indirectly upon the cardiac and vasomotor centres of the medulla oblongata, we come upon a subject on which, in the present state of our knowledge, it is necessary to speak with caution, avoiding too confident or dogmatic assertion. Several observers have described variations in the rate of the heart and tone of the blood-vessels as resulting from irritation of various portions of the cerebral hemisphere, particularly the motor area or

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 adjoining region. But the careful experiments and weighty considerations advanced by Francois Franck render it, I think, probable that all the cardiac and vascular effects that occur are merely the correlated concomitants of the functional activity of the motor centres, excited in a more or less obvious epileptic manner; or that the cerebral hemispheres are only the point of departure of stimuli which influence the cardiac and vaso-motor centres of the medulla oblongata in precisely the same way as those which originate in the periphery. The results are inconstant—sometimes acceleration, sometimes inhibition; they cannot be foretold; they do not vary with the point of stimulation; they have none of the features of the contra-lateral manifestations so characteristic of stimulation of the motor centres; and there is no good ground for assuming that there are any definite areas controlling respectively acceleration, inhibition, vaso-constriction, or vaso-dilatation. It is, indeed, probable that many of the reactions on the heart and blood-vessels which have been described as resulting from cortical excitation

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 are only mediately produced through the respiratory centre, which we know is to a considerable extent governed from the cerebrum. The cardiac and vascular centres in the proper sense of the term are in the medulla oblongata and the hemispheres are to them as much peripheral as the sensory nerves in general. The same may perhaps be affirmed of the so-called centres of the salivary and digestive glands recently described by Bechterew and his pupils.

Through what centrifugal channels the cerebral hemispheres influence the cardiac and vaso-motor centres is not definitely ascertained, but they probably traverse the tegmentum beneath the corpora quadrigemina. For in this region electric stimulation, as Danilewsky, Lauder Brunton, myself, and others have shown, invariably produces such alterations of cardiac and respiratory rhythm and vascular tone as might well be regarded as signs of irritation of the paths by which the cortical centres transmit their influence to those of the

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Gummow J

That is the sense in which the passage in the reasons of Deane and Gaudron JJ in Mutual Pools was understood by French CJ, Gummow and Crennan JJ in ICM Agriculture Pty Ltd v The Commonwealth.

In oral submissions the Commonwealth placed at the forefront of its arguments first that no "property" had been "taken" and, secondly, that in any event there had been no "acquisition" of "property". The upshot is that the Commonwealth should succeed on the second of these grounds.

That makes it unnecessary to rule upon two further and related submissions by the Commonwealth. The first is that there is no contextual, structural or historical reason to treat every transfer of property as an acquisition to which s 51(xxxi) applies where the transfer is "incidental to regulation in the public interest". The second proposition is that s 51(xxxi) has no operation where the acquisition of property without compensation "is no more than a necessary consequence or incident of a restriction on a commercial trading activity … reasonably necessary to prevent or reduce harm caused by that trading activity to members of the public or public health".

These submissions bring to mind remarks by Brandeis J in his dissenting reasons in Pennsylvania Coal Company v Mahon :

"Every restriction upon the use of property imposed in the exercise of the police power deprives the owner of some right theretofore enjoyed, and is, in that sense, an abridgment by the State of rights in property without making compensation. But restriction imposed to protect the public health, safety or morals from dangers threatened is not a taking."

It is sufficient for present purposes to say that propositions of the width of those put by the Commonwealth have not so far been endorsed by decisions of this Court and that whether such propositions should be accepted would require most careful consideration on an appropriate occasion.


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Gummow J

The demurrer by JTI to the defence by the Commonwealth should be overruled. There should be judgment in the action for the Commonwealth. JTI should pay the costs of the Commonwealth of this action, including the demurrer.

On the questions reserved in the BAT Matter, Questions (1) and (2) should be answered "No"; Qu (3) should be answered "Does not arise"; Qu (4) should be answered "No"; Qu (5) deals with costs and should be answered "By the plaintiffs".


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MALAY SKETCHES Leaving the body lying on the bank, the men rushed straight back into the house, shut the gates of the enclosure and immediately prepared to defend themselves, taking particular care that the two ladies already mentioned should not get away.

The news of a murder perpetrated like this is carried on the breeze, and for a few minutes the Shabandar's adherents rushed up one after the other to be slaughtered as they arrived by the Penglima and his party reinforced by their own men who had been awaiting the dénoûement.

Then gates and doors were closed, windows barred, cannon, pivot-guns, and muskets loaded, and Pĕnglima Prang Sĕmaun having rifled the house (which contained the customs collections as well as the Shabandar's private property), and thus possessed himself of all those things which he previously lacked, sat down to calmly await the development of events.

The plot had been cunningly conceived. The brutal murder of the unarmed chief was certain to be instantly avenged, and that would have been done by an attack on the house had it not been that contained, besides the murderers, the Sultan's late wife and her sister, who were wellnigh sure to come to harm in the assault.

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Hayne J Bell J

HAYNE AND BELL JJ. The facts and circumstances which give rise to these two proceedings and the relevant provisions of the Tobacco Plain Packaging Act 2011 (Cth) ("the TPP Act") are set out in the reasons of other members of the Court and need not be repeated. We agree that orders should be made in these matters in the form proposed by Gummow J.

It is as well to identify the central elements of the case advanced by the plaintiffs and other tobacco companies that intervened in the proceedings and the principles that must be applied. When that is done, it is evident that the determinative question is shortly stated and readily answered.

The TPP Act seeks to reduce the sales of tobacco products. It prohibits the use of the intellectual property (copyright, designs, patents and trade marks) that the tobacco companies would otherwise use to help sell their products. The tobacco companies say that, if the TPP Act operates according to its terms, it will reduce their sales and that their businesses will therefore be less valuable. They also say that the TPP Act will adversely affect the value of their intellectual property, which could have been turned to account by assignment or licence. Doing so after the TPP Act comes into force will bring, if anything, a very greatly reduced price.

The tobacco companies' central complaint in these proceedings is that the TPP Act prohibits them from using their intellectual property in or on their retail packaging in the way in which they have used it, and would wish to continue to use it, to promote the sale of their products. They say that it follows that the TPP Act will take their property. On the face of it, that proposition seems hard to deny, but its accuracy need not be examined. It need not be examined because the relevant constitutional question is whether there has been an acquisition of property, not whether there has been a taking. Even assuming that the TPP Act effects a "taking", these reasons will show that there is no acquisition.

As was most recently pointed out in Wurridjal v The Commonwealth, the relationship between constitutional provisions which forbid or restrain some legislative course and others which appear to permit that course without restraint is a subject of importance beyond s 51(xxxi). It is important to recognise that


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 part. Here it says that the essence and the essential properties of God are not distinguished or divided, and immediately on p. 147 it says:

“The essence and the essential properties of God, without being distinguished or divided between themselves in fact, are, none the less, distinguished in our ratiocination, and not without foundation in God himself, so that the concept of any one property of his is not at the same time a concept of his essence, or a concept of any other property.” (p. 147.)

This proposition, in the author’s opinion, necessarily results from Holy Scripture, and there are quoted the words of Basil the Great that “our distinctions of the divine properties are not merely purely subjective, no, their foundation is in God himself, in his various manifestations, actions, relations to himself, such as the creation and providence, though in himself God is one, simple, uncompounded.” (p. 149.)

Do you imagine that this palpable contradiction of the holy fathers is accidentally collated? Do you think that it is solved in any way? Not in the least. That is precisely what the author needs, and in that lies the meaning of this 22d article. It begins like this:

“This question has been raised in the church since antiquity, but especially during the Middle Ages, both in the West and the East, and in solving it men have frequently fallen into extremes. The first extreme assumes that between the essence and the essential properties of God, as well as between the properties themselves, there is a real difference (τῷ πράγματι, realis), so that the properties form in God something distinct from the essence and from each other; the other extreme, on the contrary, affirms that the essence and all the essential properties of God are absolutely identical among themselves, and that they are not separated, either in fact, or even in our ratiocination (ἐπίνοια νοήσει, cogitatione).” (p. 144.)


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Rh was taken up [to heaven]; so ought we also to await the time of our resurrection prescribed by God and foretold by the prophets, and so, rising, be taken up, as many as the Lord shall account worthy of this [privilege].

Inasmuch, therefore, as the opinions of certain [orthodox persons] are derived from heretical discourses, they are both ignorant of God's dispensations, and of the mystery of the resurrection of the just, and of the [earthly] kingdom which is the commencement of incorruption, by means of which kingdom those who shall be worthy are accustomed gradually to partake of the divine nature (capere Deum ); and it is necessary to tell them respecting those things, that it behoves the righteous first to receive the promise of the inheritance which God promised to the fathers, and to reign in it, when they rise again to behold God in this creation which is renovated, and that the judgment should take place afterwards. For it is just that in that very creation in which they toiled or were afflicted, being proved in every way by suffering, they should receive the reward of their suffering; and that in the creation in which they were slain because of their love to God, in that they should be revived again; and that in the creation in which they endured servitude, in that they should reign. For God is rich in all things, and all things are His. It is fitting, therefore, that the creation itself, being restored to its primeval condition, should without restraint be


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Hayne J Bell J

the principles associated with s 51(xxxi) give particular effect to wider considerations. Hence, as Dixon CJ said in Attorney-General (Cth) v Schmidt :

"The decisions of this Court show that if par (xxxi) had been absent from the Constitution many of the paragraphs of s 51, either alone or with the aid of par (xxxix), would have been interpreted as extending to legislation for the acquisition of land or other property for use in carrying out or giving effect to legislation enacted under such powers. The same decisions, however, show that in the presence in s 51 of par (xxxi) those paragraphs should not be so interpreted but should be read as depending for the acquisition of property for such a purpose upon the legislative power conferred by par (xxxi) subject, as it is, to the condition that the acquisition must be on just terms. … [W]hen you have, as you do in par (xxxi), an express power, subject to a safeguard, restriction or qualification, to legislate on a particular subject or to a particular effect, it is in accordance with the soundest principles of interpretation to treat that as inconsistent with any construction of other powers conferred in the context which would mean that they included the same subject or produced the same effect and so authorized the same kind of legislation but without the safeguard, restriction or qualification." (emphasis added)

Of course, the caveat entered by Dixon CJ is important: "it is necessary to take care against an application of this doctrine to the various powers contained in s 51 in a too sweeping and undiscriminating way". But the present cases do not depend upon any refinement to the general proposition that was identified in Schmidt. Rather, they turn upon the observation that the relevant constitutional inquiry is whether the impugned law is a law with respect to the acquisition of property from any person.

To adopt the metaphor of abstraction often used in connection with s 51(xxxi), it is a legislative power with respect to the acquisition of property which is abstracted from other heads of legislative power. Section 51(xxxi) does not abstract any more widely or differently expressed power. In particular, to persist with the metaphor, there is no abstraction of legislative power the exercise of which can be said to have some deleterious effect on the worth of a business, or to "take" or "extinguish" the property of some person, unless there is an


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142 under the dominion of the righteous; and the apostle has made this plain in the Epistle to the Romans, when he thus speaks: "For the expectation of the creature waiteth for the manifestation of the sons of God. For the creature has been subjected to vanity, not willingly, but by reason of him who hath subjected the same in hope; since the creature itself shall also be delivered from the bondage of corruption into the glorious liberty of the sons of God."

2. Thus, then, the promise of God, which He gave to Abraham, remains stedfast. For thus He said: "Lift up thine eyes, and look from this place where now thou art, towards the north and south, and east and west. For all the earth which thou seest, I will give to thee and to thy seed, even forever." And again He says, "Arise, and go through the length and breadth of the land, since I will give it unto thee;" and [yet] he did not receive an inheritance in it, not even a footstep, but was always a stranger and a pilgrim therein. And upon the death of Sarah his wife, when the Hittites were willing to bestow upon him a place where he might bury her, he declined it as a gift, but bought the burying-place (giving for it four hundred talents of silver) from Ephron the son of Zohar the Hittite. Thus did he await patiently the promise of God, and was unwilling to appear to receive from men, what God had promised to give him, when He said again to him as follows: "I will give this land to thy seed, from the river of Egypt even unto the great river Euphrates." If, then, God promised him the inheritance of the land, yet he did not receive it during all the time of his sojourn there, it must be, that together with his seed, that is, those who fear God and believe in Him, he shall receive it at the resurrection of the just. For his seed is the church, which receives the adoption to God through the Lord, as John the Baptist said: "For God is able from the stones to raise up children to Abraham." Thus also the apostle says in the Epistle to the Galatians: "But ye,


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Rh brethren, as Isaac was, are the children of the promise." And again, in the same epistle, he plainly declares that they who have believed in Christ do receive Christ, the promise to Abraham thus saying, "The promises were spoken to Abraham, and to his seed. Now He does not say, And of seeds, as if [He spake] of many, but as of one. And to thy seed, which is Christ." And again, confirming his former words, he says, "Even as Abraham believed God, and it was accounted to him for righteousness. Know ye therefore, that they which are of faith are the children of Abraham. But the Scripture, foreseeing that God would justify the heathen through faith, declared to Abraham beforehand, That in thee shall all nations be blessed. So then they which are of faith shall be blessed with faithful Abraham." Thus, then, they who are of faith shall be blessed with faithful Abraham, and these are the children of Abraham. Now God made promise of the earth to Abraham and his seed; yet neither Abraham nor his seed, that is, those who are justified by faith, do now receive any inheritance in it; but they shall receive it at the resurrection of the just. For God is true and faithful; and on this account He said, "Blessed are the meek, for they shall inherit the earth."

1. For this reason, when about to undergo His sufferings, that He might declare to Abraham and those with him the glad tidings of the inheritance being thrown open, [Christ], after He had given thanks while holding the cup, and had


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144 drunk of it, and given it to the disciples, said to them: "Drink ye all of it: this is my blood of the new covenant, which shall be shed for many for the remission of sins. But I say unto you, I will not drink henceforth of the fruit of this vine, until that day when I will drink it new with you in my Father's kingdom." Thus, then. He will Himself renew the inheritance of the earth, and will re-organize the mystery of the glory of [His] sons; as David says, "He who hath renewed the face of the earth." He promised to drink of the fruit of the vine with His disciples, thus indicating both these points: the inheritance of the earth in which the new fruit of the vine is drunk, and the resurrection of His disciples in the flesh. For the new flesh which rises again is the same which also received the new cup. And He cannot by any means be understood as drinking of the fruit of the vine when settled down with His [disciples] above in a super-celestial place; nor, again, are they who drink it devoid of flesh, for to drink of that which flows from the vine pertains to flesh, and not spirit.

2. And for this reason the Lord declared, "When thou makest a dinner or a supper, do not call thy friends, nor thy neighbours, nor thy kinsfolk, lest they ask thee in return, and so repay thee. But call the lame, the blind, and the poor, and thou shalt be blessed, since they cannot recompense thee, but a recompense shall be made thee at the resurrection of the just." And again He says, "Whosoever shall have left lands, or houses, or parents, or brethren, or children because of me, he shall receive in this world an hundred-fold, and in that to come he shall inherit eternal life." For what are the hundred-fold [rewards] in this world, the entertainments given to the poor, and the suppers for which a return is made? These are [to take place] in the times of the kingdom, that is, upon the seventh day, which has been sanctified, in which God rested from all the works which He created, which is the true Sabbath of the righteous, in which they shall not be engaged in any earthly occupation; but


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Rh shall have a table at hand prepared for them by God, supplying them with all sorts of dishes.

3. The blessing of Isaac with which he blessed his younger son Jacob has the same meaning, when he says, "Behold, the smell of my son is as the smell of a full field which the Lord has blessed." But "the field is the world." And therefore he added, "God give to thee of the dew of heaven, and of the fatness of the earth, plenty of corn and wine. And let the nations serve thee, and kings bow down to thee; and be thou lord over thy brother, and thy father's sons shall bow down to thee: cursed shall be he who shall curse thee, and blessed shall be he who shall bless thee." If any one, then, does not accept these things as referring to the appointed kingdom, he must fall into much contradiction and contrariety, as is the case with the Jews, who are involved in absolute perplexity. For not only did not the nations in this life serve this Jacob; but even after he had received the blessing, he himself going forth [from his home], served his uncle Laban the Syrian for twenty years; and not only was he not made lord of his brother, but he did himself bow down before his brother Esau, upon his return from Mesopotamia to his father, and offered many gifts to him. Moreover, in what way did he inherit much corn and wine here, he who emigrated to Egypt because of the famine which possessed the land in which he was dwelling, and became subject to Pharaoh, who was then ruling over Egypt? The predicted blessing, therefore, belongs unquestionably to the times of the kingdom, when the righteous shall bear rule upon their rising from the dead; when also the creation, having been renovated and set free, shall fructify with an abundance of all kinds of food, from the dew of heaven, and from the fertility of the earth: as the elders who saw John,


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 a germ-cell, the hope of seeing pollen grains differentiated according to the characters they bear is probably remote. Better hopes may perhaps be entertained in regard to spermatozoa, or possibly female cells.]

As an objection to the deduction of purity of germ-cells, however, it is to be noted that though true intermediates did not generally occur, yet the intensity in which the characters appeared did vary in degree, and it is not easy to see how the hypothesis of perfect purity in the reproductive cells can be supported in such cases. Be this, however, as it may, there is no doubt we are beginning to get new lights of a most valuable kind on the nature of heredity and the laws which it obeys. It is to be hoped that these indications will be at once followed up by independent workers. Enough has been said to show how necessary it is that the subjects of experiment should be chosen in such a way as to bring the laws of heredity to a real test. For this purpose the first essential is that the differentiating characters should be few, and that all avoidable complications should be got rid of. Each experiment should be reduced to its simplest possible limits. The results obtained by Galton, and also the new ones especially described in this paper, have each been reached by restricting the range of observation to one character or group of characters, and it is certain that by similar treatment our knowledge of heredity may be rapidly extended.

To the above popular presentation of the essential facts, made for an audience not strictly scientific, some addition, however brief, is called for. First, in regard to the law of Ancestry, spoken of on p. 5. Those who are acquainted with Pearson's Grammar of Science, 2nd ed. published early in


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 The Orthodox Church teaches that both propositions are equally remote from truth. Which, then, is nearer to the truth? Nothing is said about that. Two opposite opinions are put forth, and nothing is said for their solution. I carefully searched in all five pages, and there is not a word in them about how it is to be understood. Not a word. The conclusion of the article is as follows:

“Remarkable are also the words of St. Augustine that refer to the present case: ‘It is one thing to be God, another to be Father. Though paternity and essence (in God) are one, it is impossible to say that the Father by his paternity is God, by his paternity all-wise. Such has always been the firm conviction of our fathers, and they rejected the Anomoans as having erred far beyond the limits of the faith, because these heretics destroyed all distinction between the essence and the divine properties.’” (p. 150.)

The end of the chapter. But are the Anomœans right, or why are the words of the blessed St. Augustine remarkable? that makes no difference. But how are we to understand it all? The words of St. John Damascene are true, as the author himself says. How are they to be made to agree with the contradictory words of St. Augustine? And are they true or not? The author does not even regard it as necessary to answer this, and concludes the chapter.

In the preceding article about the essence and the four-teen divine properties I was struck by the trait of the complete disassociation of ideas and the manifest play with mere contradictory or synonymous words in complete darkness; but here is another feature of an extraordinary neglect, offensive not only to my reason, but also to my feelings, which is shown to me and to the whole congregation which is listening to the teachings of the church.

In this article is directly expressed a contradiction, and it says: “This is white, and this black,” and you can-


text: The Czechoslovak Review/Volume 3/From the "Ceskoslovensky Dennik"


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 not say that this is white, nor that this is black, for the church teaches you to recognize both, that is, that the black is white, and the white black, so that here is expressed not only a demand that you should believe what the church says, but that you should repeat with your tongue what it says.

After that comes Article 23: The moral application of the dogma. The moral application of the first dogma, of the dogma of the divine unity, had struck me only by its inconsistency. The moral rules which were taught on the basis of the unity of God were apparently not deduced from it, but were simply patched on the words, “God is one, we must live in oneness,” and so forth. But when I met with the second application and, in looking through the whole work for all the moral rules which were inevitably applied to each dogma, recalled what had been said in the Introduction, that the dogmas of faith and the laws of morality (p. 36) had inseparably been revealed by God to men and were inseparably connected, I understood that these applications were not accidental, but very important, as showing the meaning of the dogmas for the saving life, and so I turned my close attention to them. Here is the application of the dogma about the essence and the properties of God:

“(1) God by his essence is a spirit, and, by the chief property of the essence which embraces all the others, he is an unlimited spirit, that is, most perfect, highest, all-glorious. From this (a) we learn, first of all, to honour and love God, for whom shall we honour and whom love, if not the most perfect, when every perfection naturally evokes these feelings in us? The love of God, united with respect, forms the foundation of all our obligations toward him (Matt. xxii. 37); (b) we learn at the same time that our love of God and our honouring of God must be (aa) sincerest, spiritual: God is a Spirit: and they that worship him must worship him in spirit and in truth, says the


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 Saviour (John iv. 24); every external worship can have a value only when it is an expression of something inward, otherwise it displeases God (Is. i. 11-15), and the sacrifices of God are a broken spirit, according to the words of the Prophet (Psalm li. 17); (bb) highest and fullest, because in his perfections God infinitely surpasses all other beings to whom we are able to feel respect and love; consequently, him above all else must we love with all our heart, and with all our soul, and with all our mind, and with all our strength (Mark xii. 30); (cc) most profoundly reverential: if even the seraphim, who in heaven surround the throne of God the All-holder, unable to endure the grandeur of his glory, cover their faces when they cry unto one another, Holy, holy, holy, is the Lord of hosts (Is. vi. 3), then with what trepidation of awe ought we, the lowest and weakest of his spiritual creatures, to serve him (Psalm ii. 11)?

“(c) Let us learn to glorify God with our heart and our mouth, with our mind and all our life, remembering the words of the Psalmist: Give unto the Lord the glory due unto his name: bring an offering, and come into his courts (Psalm xcv. 8; cxliv. 3), and the words of the Saviour: Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven (Matt. v. 16).

“(d) Let us learn, at last, to turn to God as our highest good, and in him alone look for our fullest consolation, repeating with David: Whom have I in heaven but thee? and there is none upon earth that I desire beside thee. My flesh and my heart faileth: but God is the strength of my heart, and my portion for ever (Psalm lxxiii. 25, 26). However profound the thirst of our mind may be in its search after truth, God is the highest truth; however fiery the striving of our will may be toward the good, God is the most perfect good; however insatiable the love of our heart may be for happiness and bliss, God is the


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 fingers. Keen sight it was, peering from beneath its bushy brows.

She quite laughed in answer; a scornful laugh it was, telling of inward pain.

"You may as well ask, my lord, why one woman is Queen of England, and another the unhappy wretch who sits stitching her fifteen hours daily in a garret, wearing out her heart and her life. Our destinies are unequally marked out in this world, and we must take them as they are sent. Sometimes a feeling comes over me—I don't know whether it be a wrong one—that the harder the lot in this world, the brighter it will be in that which has to come."

"Favours and fortune are dealt out unequally, that's true enough," said the earl, thinking of his past life of poverty and struggle.

They are, they are," she answered bitterly. And the worst is, you are so chained down to your lot that you cannot escape from it. As a poor bird entrapped into a cage beats its wings against the wires unceasingly, seeking to free itself from its prison, and seeks in vain, so do we wear out our minds with our never-ending struggle to free ourselves from the thraldom that is forced by destiny upon us. I was not made to live out my life in dependence, in servitude: every hour of the day I feel that I was not. I feel that my mind, my heart, my intellect, were formed for a higher destiny: nevertheless it is the lot that is appointed me, and I must abide by it."

"Will you share my lot?" suddenly asked the earl.

The governess raised her eyes to his, a keen, searching glance darting from them, as if she suspected the words were but a jesting mockery. The peer moved nearer, and laid his hand upon her shoulder.

"I'm a blue jacket of nine-and-fifty years, Miss Lethwait, but I have got some wear in me yet. I never had an earthly ailment the matter with me, except the gout; and if you'll be Countess of Oakburn and make my fireside yours, I'll take care of you."

It was rather an odd fashion of making an offer, certainly; gout and marriage jumbled incongruously together. The earl, however, was not a courtier: he could only speak the genuine thoughts of his heart.

"What do you say?" he continued, having given her scarcely time to speak.

She gently removed his hand from her shoulder, and lifted her wet eyes to his. The tears were genuine as the earl's words: emotion—perhaps gratitude—had called them up.

"Thank you greatly, Lord Oakburn, but it could not be."

"Why not?" asked the earl.

"It—I—It would not be agreeable to your daughters, my lord. They would never tolerate me as your wife."

"What are you talking about now?" cried the offended earl, who never brooked opposition, no matter from whom. "My daughters! What have they got to do with it? I am not their husband: they'll be getting husbands of their own."

"I am young; younger than Lady Jane," she said, her lips growing pale with the conflict that was before her. Lord Oakburn, if you made me your wife it might sow dissension between you and all your daughters, especially between you and Lady Jane. I feel, I feel that it would do so."

"By Jupiter! but my girls shall not thwart me!" cried the peer in a heat. "I'd like to see them try at it. Laura has chosen for herself, Clarice has gone roaming nobody knows where, Lucy is a child; and as for Jane, do you think she possesses no common sense?"

The governess made no reply. She seemed to be endeavouring to steady her trembling lips.

"Look you, Miss Lethwait. The very day I came into the title, I made up my mind to marry: it is incumbent on me to do so. The next heir is a remote fellow, hardly a cousin at all, and he has lived in Nova Scotia or some such outlandish place since he was a boy. A pretty thing it would be to have that figurehead to succeed me! Anybody with a grain of gumption in his topsails would have known that I should marry; and, my dear, you've got a splendid figure, and I needn't look further; and I like you, and that's enough. Will you be Lady Oakburn?"

Miss Lethwait shook excessively; all of emotion that she possessed within her was called up. She had really good and amiable qualities, and she did not like to be the means of sowing ill feeling between the earl and his children. In that same moment the past grew clear to her, and she was conscious that the possibility of becoming Countess of Oakburn had been suspended before her dazzled vision as the one tempting bait of life. How few, how few have the strength to resist such baits! Do you remember the lines of Praed—where the Abbot of Glastonbury, walking out in the summer's noon, overtakes the "Red Fisherman" plying his trade, and halts to watch him?


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For beautiful trifles such as these, woman has before now given up her soul: how much more, then, her hand and heart! Not one but bore charms for the eyes of Miss Lethwait; symbols, all of them—the scarlet slipper, the curl, the silk armlet, the bracelet—of that path of pleasure that must beset the future partner of Lord Oakburn's coronet. These things in prospective bear so plausible a magic! The packet of letters, sickly with their excess of perfume, would hold out to Miss Lethwait the least attraction; love-letters penned by the old peer could savour of little save the ridiculous.

Would the tempting bait win her? Hear what success followed that thrown by the "Red Fisherman."

The loving and the lovely, the pure and the sullied, the guilty and the innocent, all have succumbed to the golden visions held out to them: had Miss Lethwait withstood, she had been more than woman. Lord Oakburn waited for her answer patiently—patiently for him.

"If you wish to make me yours, my lord, so be it," she said, and her very lips quivered as she yielded to the temptation. "I will strive to be to you a good and faithful wife.

"Then that's settled," said the matter-of-fact earl, with more straightforwardness than gallantry. But he laid his hand upon her shoulder again, and bent to take a kiss from her lips.

At that moment one stood in the doorway, her haughty eyelids raised in astonishment, her blood bubbling up in fiery indignation. It was Lady Jane Chesney. She had come in search of the governess in consequence of the communication made by Lucy. That any serious intention accompanied that kiss, Jane suspected not. Never for a moment had it glanced across the mind of Jane that her father would marry again. In her devotion, her all-absorbing love, there had existed not a crevice for any such idea to insinuate itself. She gazed; but she only believed him to have been betrayed into a ridiculous bit of folly, not excusable even in a young man, considering Miss Lethwait's position in the family; worse than inexcusable in Lord Oakburn. And the governess lingering in the room with him, standing passively to receive the kiss! No pen could express the amount of scornful condemnation cast on her from that moment by Jane Chesney.

Too pure-minded, too lofty-natured, too much the gentlewoman to surprise them, Jane drew back, noiselessly, but some movement in the velvet curtain had attracted the notice of the earl. The door to this room was nothing but a sliding panel—and which Miss Lethwait had unslided (if there be such a word) when the pipe was finished—with looped-back inner curtains of crimson.

The curtain stirred, and Lord Oakburn, probably thinking he had been hidden long enough away from his guests, and that it might be as well to show himself again if he wished to observe a decent hospitality, went forth. Jane waited an instant, and entered. The governess was sitting then, her hands clasped before her, as one who is in deep thought or pain, her eyes strained on vacancy, and a burning spot of scarlet on her cheeks, scarlet as the geraninmgeranium [sic] wreath in her black hair.

"Are you here, Miss Lethwait! I have been searching for you everywhere. Allow me to request that you pay proper attention to Lady Lucy."

She spoke in a ringing tone of command, one never yet heard by the governess from the quiet Jane Chesney. Miss Lethwait bowed her head as she quitted the room in obedience to see after Lucy, and the scarlet of emotion was turning to pallor on her cheeks.

Jane watched her out. She was not one to make a scene, but she had to compress her lips together, lest they should open in defiance of her will. Her mind was outraged by what she had witnessed; the very house was outraged; and she determined that on the morrow Miss Lethwait should quit. In her fond prejudice she cast little blame on her father; it all went to the share of the unlucky governess. Jane believed—and it cannot be denied that circumstances appeared to justify the belief—that Miss Lethwait had sought Lord Oakburn in that room, and hidden herself there with him, on purpose to play off upon him her wiles and fascinations.

"Never more shall she have the opportunity," murmured Jane, "never more, never more. Ere midday to-morrow the house shall be rid of her."

Jane mixed again with the crowd, but so completely vexed was she by what had occurred


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The duties on the returning officer, so far as they are affected by the proposed law, will be,—upon a dissolution of Parliament,—to receive daily from the registrar of electors the "Gazette", containing the names of candidates, and to direct the publication and distribution of copies at such places as shall be most accessible to the electors. On the day of the election to receive, through the agency of the polling-clerks whom he will appoint, the voting papers; and, at its close, to report to the registrar the number of votes which have been polled, and after receiving the declaration of the quota to make the return to the writ of the due election of the candidate or candidates for the constituency for which he officiates. In some cases, as in large constituencies, he may be able to make that return without the assistance of the registrars; in other cases, as in small or very divided constituencies, he will not be able to make it until the voting papers have been sorted by the registrars. Other and subordinate duties, such as that of finally collecting, arranging, and binding up all the voting papers of his constituency, for future reference and verification if required, are mentioned elsewhere. The day of election throughout


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 the kingdom should be the same. The convenience of persons having votes as well in counties as in a borough, or corporate constituency, may be provided for in a manner hereafter suggested.

The votes should be taken at polling places opened in every parish, and if the parish be very large and populous, at several places in the same parish. If it be populous, but not of any wide extent, a larger staff of clerks at one place might be sufficient.

It is plain that a system of registration, having any pretensions to be adapted to its true purposes, facilitating the business of the election, distinguishing between those whose qualifications have ceased and those which continue,—between the living and the dead,—must be a registration effected by different means, having for its basis the residence of the voter, and not the place of qualification only. It is in no way necessary that expense should be incurred in the erection of polling-booths. There are few parishes on the kingdom which do not contain some building applicable to a public use, as, for example, a school-room, which, without inconvenience, could be used for one day. If, in a few remote places, such a loom or building could not be found, there would be no difficulty in hiring some room in a public or


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 even a private house for the short period during which it would be required.

In the cases of parish school-rooms, or National or British schools, a small payment of a guinea or two for the hire of the room for a day would often be thankfully added to the subscriptions by which the institution is sustained. In order to obviate all doubts which trustees and others may entertain as to their powers for so harmless an enlargement of the purposes of the edifice, a compulsory power might very properly be given to the returning officer to use the building for a single day. It may be thus expressed:—

The schoolmasters of the National and British Schools who would be liberated for the day from their duties, would form a class in which very intelligent clerks would be found to assist in the reception of the votes: they are not often so well paid as to make the remuneration for their extra services on that day unacceptable. The pupil teachers would in many cases also be competent and useful assistants; nor would attention to duties of this nature be in any case undeserving of regard as an element of education. Every vote, it will be remembered, is expressed on a document, which remains as a record, and there is no room for error on the part of the


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a far distant and unknown land there lived and reigned a king and queen who had three wonderfully handsome sons. So good-looking were they that the like had never been seen, especially the youngest, Akem, who was the handsomest, cleverest, and best of the three, and the greatest favourite with everybody. Their names were Egor, Vania, and the youngest was called, as we have already said, Akem.

One day the king, their father, called them to him; and said,—

"My dear children, I want you all to get married; but as no one seems to please you, an idea has just struck me which I think is rather a good one. Listen. Take up your bows and arrows and shoot. You, Egor, shoot to the left; and you, Vania, as straight as ever you can; while you, Akem, my dearest and best of sons, shoot to the right, for I have heard that that is the lucky side, and before whatever person or thing your arrows fall, that same person or thing you must marry."

The princes were greatly astonished, and did not quite like this idea of their father's; for—who could tell?—the arrows might fall before some horrid object. However, they had not much time given them to think, and obey their father they must.


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 not been there. On our way back he told me he was so amazed at the way the Kôta Lâma men talked that he felt it wiser not to join in the conversation.

Arrived at Kuala Kangsar, I found the Raja Muda Jusuf, and told him the result of my visit to Kôta Lâma. The Raja Muda's feelings towards the Kôta Lâma people were quite beyond expression, and they were very cordially reciprocated.

The next morning, the 4th November, my work being done, I started down river at 8.30 I saw the Raja Muda before I left, and, again referring to my journal, I find that he said: "No early or permanent settlement can be made without force, without making an example of some of the opposition. They are quiet now because you are here; as soon as you go they will begin again. If you and Raja Mahmud will come, and we may use force, we can settle the matter in a fortnight."

Little as he thought it, the time for force was at hand, for some was already past; but if his prediction was right, his estimate of the means required to settle matters was over-sanguine.

Stopping only for breakfast, my boats reached Blanja at 4 It was my intention to spend the night there, interview ex-Sultan Ismail, and continue my journey the next day.

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On the 9th of November, 1918, the workers and soldiers of Germany overthrew the old régime. The bloody dream of subjecting the world to the domination of militarism vanished like smoke on the battlefields of France. The band of criminals who kindled the world conflagration and drove Germany into the sea of blood reached on that day the end of their career. The people, who were deceived for four years, and, in the service of Moloch, forgot their duties as cultured people, lost all sense of honour and humanity, and allowed themselves to be used in connection with any base act, finding themselves on the brink of an abyss, awakened from the stupor in which they were in for more than four years.

On the 9th of November the German workers arose to throw off the disgraceful yoke. The Hohenzollerns were driven out; soviets of workers' and soldiers' deputies were elected.

But the Hohenzollerns were never more than the agents of the imperialist capitalists and junkers. The class rule of the capitalists—that was the real cause of the world war in Germany and France, in Russia and England, in Europe and America. The capitalists of all countries—these are the real initiators of the slaughter of peoples. International capitalism is the insatiate Moloch into whose bloody jaws are thrown millions upon millions of fresh human sacrifices.

The world war confronted society with a choice of two alternatives: either the continued existence of capitalism, with its consequent new wars and inevitable and speedy destruction due to chaos and anarchy, or the abolition of capitalist exploitation.


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 clerk, which is not easy of correction. The process of receiving the voting papers was pointed out with much detail in former editions. These are now, for the most part, superseded by the Ballot Act. As an additional provision, it is proposed that there shall be a tabular book kept at the poll by a clerk, having nothing to do with any other than the first name on the voting paper, and entering, as the voting paper comes to his hands, the number indorsed upon it in his book under that name. This tabular book is composed of a series of columns ruled vertically, one of which is appropriated to every candidate first named in any of the voting papers delivered to him. The form may be as follows:—

The names at the head of the several columns in the above table represent those of supposed candidates, and the numbers underneath the several names are the numbers on the back of


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 With the end of the world war the class rule of the capitalists lost its right to existence. It is no longer capable of leading society out of the terrible economic chaos which.the imperialist orgy has left in its wake.

The means of production were destroyed to a frightful extent. Millions of workers, the best and the soundest element of the working class, were slaughtered. Those left alive, upon returning home, will receive the mock welcome of poverty and unemployment. Starvation and disease threaten to sap the remaining strength of the people. Financial bankruptcy, as a consequence of the crushing burden of war debts, is inevitable.

Only Socialism can save the people from this bloody chaos, this gaping abyss. There is no other way. Only the world-wide proletarian revolution can establish order in place of this anarchy, put an end to the mutual extermination of the peoples, provide work and bread for all, and bring peace, freedom, and true culture to tortured humanity. "Down with wage labour!" Such is the battle-cry of the day. Wage labour and class rule must give way to work on a co-operative basis. The means of production must cease to be the monopoly of a class; they must become the common property of all. The present system of production, which is nothing but exploitation and robbery, must be abolished. No more exploiters or exploited. Production and the distribution of products must be regulated in the interests of the nation as a whole.

Instead of masters and wage slaves there will be free fellow-workers! Labour will cease to be a burden for anybody when it becomes the duty of all. An existence worthy of men will be assured to all who fulfil their duty towards society. Hunger will cease to be the curse of workers; it will be the punishment for idlers.

Only in such a society can slavery and mutual hatred among nations be destroyed. Only when such a society is established will the earth cease to be outraged by fratricidal conflicts. Only then shall we be able to say: "We have seen the end of war."


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Talk:What I Really Said in the Cornerstone Speech

Source.
If anyone is looking for a source on this text, it's here: https://www.loc.gov/resource/gdcmassbookdig.recollectionsofa00ste pages 174-175 Seville1861 (talk) 09:24, 6 October 2023 (UTC)


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The establishment of the Socialist order of society is the greatest task that ever fell to the lot of a class and of a revolution in the course of human history. This task involves the complete reconstruction of the State and an entire change in the social and economic foundation of society.

This change and this reconstruction cannot be accomplished by a decree issued by some officials; committee, or parliament. They can only be accomplished by the mass of the people themselves.

In all preceding revolutions it was a small minority of people who conducted the revolutionary struggle. This minority determined the goal, gave direction to the fight, and used the masses only as tools to secure victory for their own interests, the interests of the minority. The Socialist revolution is the first revolution which can secure victory for and through the great majority of the workers themselves.

It is the task of the proletarian mass not only clearly and consciously to determine the aim and direction of the revolution. It must also establish Socialism step by step through its own activity.

The main feature of the Socialist society is to-be found in the fact that the great mass of workers will cease to be a governed mass, but, on the contrary, will itself live the full political and economic life and direct that life in conscious and free self-determination.

Therefore the proletarian mass must substitute its own class organs—the Workers' and Soldiers' Councils—for the inherited organs of capitalist class rule: the Federal Councils, Municipal Councils, Parliaments; applying this principle from the highest authority in the State to the smallest community. The proletarian mass must fill all governmental positions, must control all functions, must test all requirements of the State on the touchstone of Socialist aims and the interests of its own class.

Only by means of a constant, mutual action upon each other on the part of the masses and their organs—the


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 the voting papers. By adding up the number of votes given for each candidate, as is done at the foot of every column in the above table,—the state of the poll at that particular polling place would be known at any moment. If a certain number of lines were ruled horizontally across the tabular book, and each number written on one line, as soon as each column was full the number of votes shown in it would be ascertained even without the labour of counting. The computation of the entire result, when the register and voting papers are brought to the place of election, at which the returning officer or his assessor officiates, would be purely mechanical, and the work of a few minutes.

[In a modification of this system, in which it is proposed that the votes for the 298 constituencies of England and Wales should be transmitted to an Enumeration Office in London, to be under the superintendence of the Clerk of the Crown, and presided over by the chief officers of State, the following tabular form of record and publication is suggested. It is here introduced as suitable and convenient for the use of the registrars, in a later stage of the computation, under the system now proposed:—


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 Soviets of Workers' and Soldiers' Deputies—can their activity fill the State with a Socialist spirit.

Likewise, economic reconstruction can go on only as a process carried on by the mass action of the working class.

Mere decrees on socialisation issued by high revolutionary authorities are of no more value than empty sounds. Only the, working class, by its own efforts, can change these sounds into actuality, Only in a stubborn fight with capital, face to face in every enterprise, by their own direct pressure, by means of strikes, and by creating their permanent representative organs, can the workers secure control and, finally, the actual administration of production.

The workers must learn to transform themselves from mere machines, which the capitalist employs in the process of production, into free, active, thinking leaders of this process. They must acquire the sense of responsibility of active members of the commonwealth, which alone is the owner of all social wealth. They must develop zeal at work, without the whip of the employer, the highest productivity without the spur of capitalist drivers, discipline without a yoke, and order without domination. Highest idealism in the people's interest, strictest self-discipline, true civic spirit of the masses—these constitute the moral basis of a Socialist society, just as stupidity, egotism, and corruption are the moral basis of capitalism.

These Socialist civic virtues, as also knowledge and the ability to conduct Socialist industries, can be acquired by the workers only by personal activity and personal experience.

The socialisation of society can be accomplished to the fullest extent only by the persistent and uninterrupted struggle of the workers at all points where labour and capital, the people and the class rule of the bourgeoisie, meet face to face.

The emancipation of the working class must be the work of the workers themselves.


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 The names of the constituencies, as well as the surnames of the candidates, to be printed in alphabetical order, and in the last column to the right the total number of votes given to each candidate to be entered, and in the lowest line the total number of votes given in each constituency.

Under this modification the returning officers have only to receive and transmit the votes. Mr. Dobbs, after adopting as a basis that each elector shall have one vote, and must vote in the constituency where he resides, but that he may vote for any candidate in the kingdom, proceeds,—"The votes of each part of the United Kingdom are now conveyed to the Enumeration Offices in London, Edinburgh, and Dublin. Take London. As soon as the poll closes, the deputy returning officer, in the presence of the public, covers and seals the slit in the lid of his box. He then writes on a form the number of voting cards he has deposited in it; each clerk counts in the stamps in his register, and enters the amount on the form. The two numbers, if one clerk, or the number entered by the deputy and the total of the different clerks' number, should agree. Under no circumstances may a deputy open the box, or allow it to be opened. He is responsible for the conveyance of the box and written form to the chief returning officer of the constituency, who is waiting their arrival at an appointed place. As they come in, they are opened in the presence of the chief officer, and of such deputies, magistrates, election agents, and electors as may choose to be present, and transferred into one box sufficiently large to contain them, which, when it has received the contents of all the boxes, is locked and sealed. It is then delivered into the custody of the post officer who gives receipt, and thereupon the Post Office becomes responsible for its safe delivery at the Enumeration Office in London. The chief returning officers throughout the kingdom add up the totals entered on the forms, and send the forms in a packet by post, telegraphing the total to the Clerk of the Crown in Chancery, who, on receiving the


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 totals from all the constituencies in England and Wales, publishes the sum as the total number of electors who have polled therein, and, dividing it by 493, the number of English and Welsh seats, declares the quotient, omitting fractions, to be the English quota. On receiving the totals from Scotland and dividing by 60, and from Ireland dividing by 105, he declares the quotient to be the quota for Scotland and Ireland respectively."

The latter provision assumes that the number of members for each of the three kingdoms is fixed. The system proposed in this treatise avoids any such prescribed limit, treating England, Scotland, and Ireland, precisely alike. The statement of the method thus suggested will, however, show that the application of the preferential and proportional system is not dependent on any adherence to one particular process, that it may be effected in various forms, and under different adaptations of electoral machinery.

It may appear that it is entering into an unnecessary degree of detail to undertake the explanation of these minor arrangements of the business of the election; but, in truth, a closer consideration will show that there is no step which it is not important to make clear. Upon the establishment of a rational system of representation, vast interests are depending. It is not possible to conceive any subject affecting the temporal welfare of mankind of greater importance. The almost universal disposition is to turn aside from such considerations, with the despairing cry that it is impossible to make the representation pure and faithful. It should therefore be shown that there is no difficulty in establishing a better state of things. In what is proposed there is much less complexity than is daily encountered and overcome by the purest mechanical arrangements in the clearing-house of the London bankers, or in the General Post Office. In explaining by a


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88 "When I have counted three," said the king, "you must let your arrows fly."

The princes stood in readiness. Prince Egor looking towards the left, Prince Vania pointing his bow and arrow straight in front of him, and Prince Akem to the right, as his father had commanded. One, two, and three!—away went the arrows. Prince Egor's arrow fell at the feet of a beautiful damsel, the daughter of a very rich nobleman. Prince Vania's fell before a fair young maiden, daughter of a wealthy merchant. But, alas for poor Prince Akem! his arrow fell in front of an ugly frog, that was sitting at the mouth of a large hole in the ground by the side of a pond! Prince Akem was very angry.

"What!" he cried, "am I, the son of a king, to marry an ugly green frog?"

His brothers laughed.

"Take it," they said, "and never mind. Bottle up your pride, dear brother, and marry the frog. You have our blessing."

But the old king was very much cut up about it, for he loved his youngest son more than anything in the world, and would have done anything to help him. But break his word, never! He had never been known to do such a thing in his life, and if he were to do it now it would be the ruin of him. No; when he once said a thing he meant it, and it could not be undone, not even for the son whom he so dearly loved and almost worshipped.

So the princes were married.

Egor to the nobleman's daughter.

Vania to the merchant's daughter.


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 written narrative, the process of operation, every sort of machinery has an appearance of complexity. This would be immediately felt by any one who should endeavour, in words, to explain to another, who had not seen it, the operation of Jacquard's loom, or of the steam engine. An attempt is, however, made to bring the proceedings of an election of representatives,—such as it ought to be amongst an intelligent and free people in a civilized age,—as vividly as possible before the eyes of every reader.

We have reached the stage of the proceeding at which the voting papers,—some containing many and some few names, or a single name, have been taken at the polling places. These, with the tabular books of the polling clerks, are collected at the town or county hall, or other central place, where the returning officer presides. If there should be several polling places, they must be severally distinguished by a name or mark,—as by letters A, B, &c., so that, in sorting the voting papers, those received at the several polling places be always taken in consecutive order. In large constituencies, where the town hall or other chief point of concentration is ready of access from all the polling places, it would be desirable that the votes and tabular books should be collected several times during the day, that the process of sorting may be going on contemporaneously with the other business of the election. In such constituencies, it will soon be found that favourite candidates have votes exceeding in number their required quota, and which votes will therefore become available for the next candidate (if any) named in the voting papers.

It is probable that the voting papers will sometimes contain the name of a person on the gazetted lists, who has not offered himself as a candidate for the particular constituency to which the duties of the returning officer exclusively refer, but whom, notwithstanding the voter has, by selecting for the


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 first place on his paper, proposed as a fit person to represent it. Where any such names occur first on the voting paper, the business of the returning officer will be to forward them to the registrar. The returning officer is to confine his attention (except as to such transmission) to the voting papers in which the name of a candidate, or of the several candidates, for his particular constituency stand at the head,—that is, are named successively, one or two, or any successive number, according to the voters' peculiar predilection, down to the point at which he introduces the name of one on the list who is not a candidate for his special constituency. As soon as such other name intervenes, a farther combination is introduced, which brings the appropriation within the department of the registrar.

Suppose the case of several thousand voters, and one or two candidates for the constituency, having each more than the quota required. The returning officer ascertains, first, who have the majorities, counting on this occasion only the voting papers in which the candidate has the first votes,—he then separates the 1840, or 2000, or whatever the quota may be, last polled for the candidate who has the majority, and causes his name, where it stands at the head of the other papers, to be cancelled. The second name on those papers then becomes the first, and the voting papers making up the quota for the second candidate are taken, and his name cancelled on the remaining papers, bringing a third name forward to the first place, and so on, until the name of one who is a candidate elsewhere occurs, or until the quota can no longer be made up; and the returning officer then forwards the remaining voting papers to the registrar.

These duties may be prescribed by the rules or laws which follow:—


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 WAVERLEY;

OR,

'TIS SIXTY YEARS SINCE.

VOL. I.

A


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 its soundings, and no man knows its hidden shoals and rocks, nor the strong currents flowing underneath its sunny surface; for its sands are ever shifting, and its tides are ever varying, and for the ships upon its waves there is no chart.

The sea of Life is vast and boundless, and no man knows its shores. For many thousand ages have its waters flowed and ebbed, and ever, day by day, from out the mist have come the little ships into the light, and beckoned with their ghost-like sails, and passed away; and no man knows from whence they came, and no man knows the whither they have gone. And to each ship it is an unknown sea, and, over it, they sail to reach an unknown land; and where that land lies none can tell.

The sailors that have gone before! who are they, that we should follow them? For a brief day they have lain tossed upon the heaving waters: for a short hour they have clung to their poor bark of Time; and on the restless current it has drifted, and before the fitful wind it has been wafted, and over the deep they have passed into the darkness; and never more have they returned, and never more, though eyes, washed clear with bitter tears, have strained to pierce the gloom, have they or their frail ships been seen. Behind them the waters have closed up, and, of the way they went, there is no trail. Who are they, that they should draw a chart of this great ocean, and that we should trust to it?

What saw they of the mighty sea, but the waves lapping around their keel? They knew not the course they had sailed; they knew not the harbour that they sought. In the night they foundered and went down, and its lights they never saw.

The log of their few days' cruise, telling the struggles


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The next law prescribes the order in which every voting paper is to be appropriated.


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PREFACE

TO THE THIRD EDITION. To this slight attempt at a sketch of ancient Scottish manners, the public have been more favourable than the Author durst have hoped or expected. He has heard, with a mixture of satisfaction and humility, his work ascribed to more than one respectable name. Considerations, which seem weighty in his particular situation, prevent his releasing those gentlemen from suspicion by placing his own name in the title-page; so that, for the present at least, it must remain uncertain, whether WAVERLEY be the work of a poet or a critic, a lawyer or a clergyman, or whether the writer, to use Mrs Malaprop's phrase, be, "like Cer-


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Hayne J Bell J

The TPP Act is not a law by which the Commonwealth acquires any "interest in property, however slight or insubstantial it may be". The TPP Act is not a law with respect to the acquisition of property. It is therefore not necessary to consider the Commonwealth's attempt to articulate a principle which would set legislation effecting an acquisition of property otherwise than on just terms beyond the reach of s 51(xxxi) on the ground that the legislation is a reasonable regulation of some activity for the greater good of society. The arguments advanced by the tobacco companies are answered by the logically anterior conclusion that the TPP Act effects no acquisition of property.

One further point should be made. It is unsurprising that much of the argument in the present cases, as in other recent cases about s 51(xxxi), proceeded by taking statements made in earlier decisions and fusing them into a proposition from which it was said to follow that there was or was not an acquisition of property without just terms. It must be emphasised, however, that it would be wrong to take what has been said in earlier decisions, or in these reasons, and divorce the statement from the context in which it appears. Above all, it must be recognised that it is the constitutional text and the cardinal principles that emerge from that text to which attention must always be given.

In the present cases, the tobacco companies argued that the Commonwealth acquired the use of, or control over, the retail packaging in which tobacco will be sold to convey health messages. Framing the argument in that way necessarily drew attention to an understanding of property that places in the foreground the identification of the interest in the tangible or intangible object in question and the legal relation which should be described as "property" between that object and the person alleged to have acquired "property". Other cases, perhaps many other cases, may require the same kind of analysis. But there may be cases in which an analysis of that kind will not be helpful. It is the constitutional text and the fundamental principles based on that text which must guide consideration of the issue.


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 and dangers of their ship as it sailed, among so many myriad others, let us read and learn from; but their soundings of this fathomless sea, their tracings of its unseen shores, of what value are they, but as guesses to riddles whose answers are lost? Do moles draw maps of the world for the guidance of other moles?

In all things do we not listen too much to the voices of our brothers, especially in those matters wherein they are least able to instruct us? Is there not in the world too much pulpit-preaching of this doctrine, and too much novel and essay-writing against that, and too much shrieking out of directions to this truth and of warnings against that; so that, amid the shrieking and the thumping of so many energetic ladies and gentlemen, the still, low voice of God himself, speaking to our souls, gets quite drowned?

Ever since this world was set a-spinning we have been preaching and lecturing, and crusading and pamphleteering, and burning and advising each other into the way to go to Heaven; and we are still hard at it, and we are still all rushing about as confused and bewildered as ever, and nobody knows who is right, but we are all convinced that everybody else is wrong!

This way, that way, not the other way, we cry.

"Here is the path, the only path; follow me, unless you wish to be lost!"

"Follow him not! He is leading you wrong!" says another. "I alone know the way!"

"No, no, heed neither of them!" says a third. "This is the road. I have just found it. All the roads men have gone by before have led them wrong; but we shall be all right now: follow me!"

In one age, by sword and fire, and other kinds of eloquent appeal, we drive men up to Heaven through


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LEFT school at Easter, 1832, a normal product of our state system of education; a Pantheist, and, if not a Republican, at least with the persuasion that the Republic was the most rational form of government; reflecting too upon the causes which could decide millions of men permanently to obey one man, when all the while I was hearing from grown up people much bitter or contemptuous criticism of their rulers. Moreover, I had brought away with me "German-National" impressions from Plamann's preparatory school, conducted on Jahn's drill-system, in which I lived from my sixth to my twelfth year. These impressions remained in the stage of theoretical reflections, and were not strong enough to extirpate my innate Prussian monarchical sentiments. My historical sympathies remained on the side of authority. To my childish ideas of justice Harmodius and Aristogeiton, as well as Brutus, were criminals, and Tell a rebel and murderer. Every German prince who resisted the Emperor before the Thirty Years' war roused my ire; but from the Great Elector onwards I was partisan enough to take an anti-imperial view, and to find it natural that things should have been in readiness for the Seven Years' war. Yet the German-National feeling remained so strong in me that, at the beginning of my university life, I at once entered into relations with the Burschenschaft, or group of students which made the promotion of a national sentiment its aim. But, after personal intimacy with its


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The duties of the returning officer in the appropriation of the voting papers are now at an end, and he has only to transmit the remainder to the registrar.

It is necessary to provide also for other new circumstances. The increase of constituencies by the admission of several hundred towns at present unrepresented, and perhaps of many ancient as well as modern corporations, of a public character,


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 tainly a just Rule for us to state a Christian Regimen or Government from; they are a good Standard to measure Decency and the Laws of good Order by: They were certainly formed upon the most perfect Model of Justice and Equity, perfectly suited to the Nature of the Thing, and are binding in Decency, if they are not absolutely so in Conscience, and under the usual Penalties, as the rest of Law at that time was.

of the sacred Constitutions of the Jewish State were enjoyn'd upon the severest Penalty, generally of Death; being cut off from the Congregation of the, &c. and amongst those Things to which those Severities were annexed, those which respected Uncleanness, and natural or accidental Pollutions, were some of the chief, such as having the Disease of the Leprosy, Issues of Blood, nay, even eating leavened Bread in the seven Days of the Passover; counterfeiting the sacred Oil and the sacred Perfume, were punished with Death, that Soul was to be cut off, &c. the Reason was, because it was a despising the Legislator. But when he comes to enjoyn the needful Purifications, and the particular Uncleannesses which were to be purg'd by washings and separations, as also for the eating of Blood, the Reasons are given in plain Words; speaks them himself, I have separated you from other People that ye should be mine, and ye shall be holy unto me; as in Exodus, chap. xii. and Leviticus, chap. xv. and xvii. and several other Places.

if these legal Purifications were appointed only that the People might be a more exactly clean and sanctified People, than the other Nations about them, the Reason holds,


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 —universities and colleges,—to the right of returning representatives, will probably create many more constituencies than there are, or can be members in the House. All, or many of the contributory boroughs, also, instead of having one member to four or five towns, may apply for an order enabling them to act severally. Candidates will, therefore, frequently offer themselves for more than one constituency. The candidate for Ayr may be candidate also for Campbeltown and Irvine. If Trinity College, or Lincoln's Inn, had power to make a separate return of a representative, the candidate for Trinity College, of which he may be a distinguished member, might be also a candidate for his county, or a town adjacent to his estate; and the candidate for the Society of Lincoln's Inn might be a candidate also for the metropolis or for any parish in the metropolis, according as the metropolitan community should prefer to form aggregate or separate electoral bodies. In all cases in which one person might happen to be a candidate for more than one constituency, it would only be the returning officer for the first constituency, which he specifies in his notice to the registrar, and which is stated in the Gazette, who could, immediately after the close of the poll, return him. If this were otherwise, there might be a conflict in the action of two constituencies. If his quota be made up in the first constituency, he cannot be returned in the second until after his votes in that constituency shall have been forwarded to the registrar, and the result certified. If his quota be not made up on the first constituency, his votes will of course be also transmitted by that returning officer to the registrar.


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The powers and duties of the returning officer thus differ in cases where the number of votes polled by the constituency affords the quota to one or more of the candidates, and in the cases of the smaller constituencies, or where great differences of sentiment prevail, and the total number of votes given, or given for any particular candidate, is insufficient to complete the quota. In the first case he will return the candidates having the majorities, supposing each to make up at least the quota,—as duly elected, and will transmit the surplus votes to the registrar; and in the latter cases he will transmit the whole of the voting paper to the registrar, without doing more than certifying the numbers polled for every candidate, awaiting the certificate of the registrar as to the fact of any of the candidates having or not having his quota supplied by votes from other places.

Aberdeen may be taken as an example of one of the first-class constituencies. At the last election there were two candidates; and supposing that to be the case, and that under a system such as that which has been suggested some of the voters give a preference to, and place at the head of their voting papers the names of, some candidates for other places, the computation of numbers at the close of the poll might stand as it is represented in the following certificate and letter, in which the returning officer of the city of Aberdeen is supposed to communicate the result to the registrar at Edinburgh.

Rh


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 tho' the Sanction of that particular Constitutions is ceas'd, as in other Cases; for example, the Law for the Man who had trespass'd upon his Neighbour, cheated or deceived him, was made to appoint a Sacrifice to attone for the Crime, and restitution for the Trespass; the Crime is still the same, though the manner of making an atonement for it is ceased.

Uncleanness is the same, whether the Law be in force or no. By the Mosaick Institution, the Woman was to perform her Separation, or, what was then called a Purification, a certain time; upon her bringing forth a Male Child, she performed an exact Quarentine, viz. three and thirty Days, and seven Days; and for a Female Child she was obliged to perform a double Quarentine, namely, sixty and six Days, and fourteen Days, during which time the Man was not to be suffered to come near her, or so much as to touch her, upon the severest Penalties, as above.

Now, not to insist upon the legal Purifications of that strict Law, enjoyned from above, and which had such solid Reasons given for it; yet the Law of Nature, upon which all that Part is originally founded, is the same. You may say, the neglect of it is not a mortal Sin, or that deserves Death. But you cannot say it is not a Pudor, a shameful, an immodest Thing, or that it is not loathsome and odious, even in its own Nature, for the Regulation of clean and unclean, like right and wrong, is still the same, settled and unalterable, as Things established in the Law of Nature, which are not altered by Customs and Habits, whether good or evil.

is true, that our Usage has reduced these Separations and Purgations of the Sex to a


text: The Czechoslovak Review/Volume 3/An American Writes from Siberia


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 Month or thirty Days, which the Law of had fixed at six Weeks; and has made no difference in the time of the Separation between the Circumstances of a Male or Female Birth; for all which we give physical Reasons, such as generally satisfy our Scruples in thole Affairs; nor is it my Business to dispute here the Reason and Nature of the Alteration, and whether it is sufficiently grounded. Our Physicians and Anatomists are best able to answer for that Part, and, I suppose, can do it.

even, with all the abatement of Days, and I doubt not 'tis reduced as low as it can be, yet, I say, with that abatement we find it is not observed; our Libertine Age breaks thro' it all, and, if it were a Fortnight, would perhaps do the same, and this is the Thing I complain of; and for want of which Decency, or Duty rather, People of this Age may be justly said to deserve the Censure which a Wife and good Man put lately upon them, namely, that we have not less Holiness than our Ancestors, nor less Honesty, but much more; only that he thought the Holiness and the Honesty of the Days differed, and that some Things would pass now for Holiness and for Honesty with us, which would not pass for such with our Ancestors.

indeed may alter the Case very much, and the Ages may differ in the Species when they do not differ in the Name of the Things; the Standard of Virtue may alter as the Standard of our Coins frequently do; but the real thing, the Silver, and its intrinsick Rate or Value alters not, 'tis always the same, and ever will be.


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_______________

It will be observed that the names in the above certificate, other than that of Mr. Leith, are the names of gentlemen who are supposed not to have been candidates for Aberdeen, but to have been candidates elsewhere, and for whom some Aberdeen voters have thus indicated their preference by giving unsolicited votes.

The certificate of the returning officer in the case of the


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 other characteristics, and is satisfactorily deducible from these circumstances. ...the election of the president once in four years by persons immediately chosen by the people for that purpose ; his liability, at all times, to impeach- ment, trial, dismission from office, incapacity to serve in any other, and to the forfeiture of life and estate by sub- sequent prosecution in the common course of law. But these precautions, great as they are, are not the only ones which the plan of the convention has provided in favour of the public security. In the only instances in which the abuse of the executive authority was materi- ally to be feared, the chief magistrate of the United States would, by that plan, be subjected to the control of a branch of the legislative body. What more can an enlightened and reasonable people desire?

PUBLIUS.

WE proceed now to an examination of the judiciary department of the proposed government.

In unfolding the defects «f the existing confederation, the utility and necessity of a federal judicature have been clearly pointed out. It is the less necessary to recapi- tulate the considerations there urged, as the propriety of the- institution in the abstract is not disputed: the ouly questions which have been raised being relative to the manner of constituting it, and to its extent. To these points, therefore, our observations shall be confined.

The manner of constituting it seems to embrace these several objects : 1st. The mode of appointing the judges: 2d. The tenure by which they are to hold their places : 3d. The partition of the judiciary authority between dif- ferent courts, and their relations to each other.

First. As to the mode of appointing the judges : this is the same with that of appointing the officers of the

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In bourgeois revolutions bloodshed, terror, and political murder were the indispensable weapons of the rising classes.

The proletarian revolution requires no terror for the realisation of its aims; it looks upon manslaughter with hatred and aversion. It has no need for such means because the struggle it conducts is not against individuals but against institutions. It enters the arena with no naive illusions, the dispersal of which would prompt it to have recourse to revenge. The proletarian revolution is not the desperate attempt of a minority forcibly to transform the world in accordance with its own ideal. On the contrary, it is the action of great masses, of millions of people, called upon to carry out their historic mission and to make a reality of what has become an historic necessity.

But the proletarian revolution is at the same time also the death knell of all slavery and oppression. This is the reason why the capitalists, junkers, petty bourgeoisie and officers, and the beneficiaries and parasites of exploitation and class rule, are rising like one man to fight to the death against the proletarian revolution.

It were madness to suppose that the capitalists will submit voluntarily to the Socialist verdict of a parliament or a national assembly, that they will calmly surrender their property, their profits, their privileges of exploitation. All ruling classes have fought obstinately to the end for their privileges. The Roman patricians, as well as the feudal barons of the Middle Ages, the English nobles and the American slaveowners, the boyars (large estate owners) of Wallachia and the silk manufacturers of Lyons—all shed rivers of blood. They trampled upon corpses, they committed murder, arson, and state treason, they precipitated civil war for the purpose of defending their privileges and power.

The imperialist capitalist class, as the last offspring of the caste of exploiters, surpasses all its predecessors as far as brutality, open cynicism, and rascality. are concerned.


text: The Harveian Oration 1902

title: The Harveian Oration 1902