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In seeking, some put their fingers on the leaves and advised Moses to cry unto the Lord in such and such a manner.

"My voice is dumb," replied Moses.

Satan presently astonished the servants; he took the book to the Lord. "My Lord," he said, "which is the more precious—good or evil?"

"Good," said the Lord.

"More precious than the riches of Solomon is a deed done in your name?"

"Yes."

"Though the sins were as numerous as the teeth of a shoal of fish?"

"So. Unravel your riddle."

"An old woman of the Dissenters," said Satan, "claimed four tablets, whereas her deeds were nine."

God looked at the Balance and lo, the scale of white tablets was heavier than the scale of scarlet tablets.

"Bid hither the apostles," He commanded the Overseer, "for they shall see


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 "(1) General co-operation in the organisation of production on a Communist basis.

"(2) The re-establishment of the productive power of the country, which was destroyed by the War and the internal crisis.

"(3) The calculation and re-distribution of labour for the entire country.

"(4) The organisation of the exchange between town and country.

"(5) The introduction of the obligation to work.

"(6) Helping the State Departments to provide food.

"(7) Helping to solve the fuel crisis and other difficulties.

"(8) Giving general aid to the formation of the Red Army.

"(9) Defending the economic interests of the workers, and at the same time fighting against the individualist tendencies, and the short-sighted views of that section of the workers which, because of its ignorance, still retains the habit of regarding the Proletarian State of to-day as though it were the old employer.

"Because the industrial organisations of to-day are the Communist schools of the proletarian and semi-proletarian masses, they have become, little by little, an integral part of the general mechanism of the State. They are one of the organs of the State of working people who submit to the rule of the Soviets because the Soviets are the vehicle indicated by history for the Dictatorship of the Proletariat."

The Industrial Unions work in conjunction with the Communist Party and the Soviets. The activities of these three institutions are

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 closely linked. To make clear the mutual relations of these bodies, it must be remembered that the Soviets actually include larger masses than the Industrial Unions themselves; also that the Soviets have taken over part of the functions of the Industrial Unions.

The Eighth Congress of the Russian Communist Party has given the following definition of the Party and of the Soviets:—

"The Soviets are the State organisations of the workers and poor peasants which effectuate the Dictatorship of the Proletariat during the period when the State in all its forms is gradually being extinguished. The Soviets unite within their ranks ten million workers, and, little by little, must strive to include the entire class of workers and poor peasants.

"The Communist Party, on the other hand, is an organisation which takes in only the advance guard of the workers and poor peasants; only that part of these two classes which fights consciously for the practical application of the Communist programme. The aim of the Communist Party is to obtain a preponderating influence and complete control of all the workers' organisations, the Industrial Unions, the Co-operatives, the rural Communes, and so on. The Communist Party strives specially to introduce its programme into the actual organisations of State—the Soviets—and to obtain complete control there. No doubt can exist that in the future the various existing organisations of the workers will be finally united in one form. It is useless to speculate to-day as to which form will prove the most durable. Our present duty is to determine precisely the mutual relations which should exist between the Communist Party, the Industrial Unions, and the Soviets.


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me, and this day they and their flocks shall be in Paradise."

Satan stood before the face of Moses, glowing as the angels; and he brought out scissors to clip off the fringe of his beard. When he had cut only a little, the Overseer entered the Judgment Hall, saying: "The two apostles tricked Jude and crawled under the barrier, and they shot back the bolts of the gate of the Chariot House and called a charioteer to take them to Heaven. 'This is God's will,' they said to him."

Satan's scissors fell on the floor.


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the eve of a Communion Sunday Simon Idiot espied Dull Anna washing her feet in the spume on the shore; he came out of his hiding-place and spoke jestingly to Anna and enticed her into Blind Cave, where he had sport with her. In the ninth year of her child, whom she had called Abel, Anna stretched out her tongue at the schoolmaster and took her son to the man who farmed Deinol.

"Brought have I your scarecrow," she said. "Give you to me the brown pennies that you will pay for him."

From dawn to sunset Abel stood on a hedge, waving his arms, shouting, and mimicking the sound of gunning. Weary of his work he vowed a vow that he would not keep on at it. He walked to Morfa


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Even amongst the more hopeful section of the old International, the opinion was very prevalent that the Communist Party on the one hand, and the Industrial Unions on the other hand, were organisations of equal value—having the same rights—organisations which collaborate on important questions of all kinds, like two contracting parties: The Socialist Party should control the political side, whilst the Industrial Unions controlled the economic side. Thus, for example: the German Social-Democrats passed a resolution, supported even by August Bebel, stating that if it should ever be necessary to employ the weapon of the general strike, this question could only be decided by a conference between the Executive of the Party and the general committee of the Trade Unions.

From the Communist viewpoint this opinion cannot be recognised. The equality of rights theory has always been disputed by the revolutionary Marxians.

From the revolutionary Marxian viewpoint, the Communist Party is the ultimate re-union of all phases of the struggle of the working-class for freedom from the capitalist yoke. The Communist Party makes use of a whole arsenal of arms to win this fight. The political struggle is indissolubly bound up with the economic struggle. The Communist


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150 Taluqs had been ordered to collect the money from the people; employes in almost all the offices in the station had been made to part with a fourth part of their salaries; and all the Jaghirdars etc., in the District had to subscribe a fourth of their annual incomes; and so on, and so on. Is it then a wonder that Syed Ahmed got Rs. 24,000 within 24 hours of his arrival in Warangal and about Rs. 2,000 more from the same place afterwards ? My wonder is that only Rs. 26,000 were got and not more. I am informed that the sum actually raised was larger, but in passing through many 'busy' hands it dwindled down to 26 thousands. How far this is true it is difficult to say until and unless those honorable gentlemen engaged in raising subscriptions for the laudable purpose, publish a list of donors and subscribers pro bono publico. Similar measures were resorted to in some offices in Hyderabad also, notably in the Accountant- General's office, for the benefit of the Allyghur College. In the Accountant-General's office five per cent. was charged on the salaries of all employes, and when a poor devil of a clerk companied he was muleted in ten per cent. on his pay. This was, dear Mr. Editor, how the old man of Allyghor 'got on' so famously here. Those that live in the British Provinces cannot know how precarious a position an official occupies in the Nizam's service and that under the present regime and how easily one, how- ever high his rung in the official ladder, may be subjected to the greatest indignities, may be suspended or dismissed or otherwise disgraced. I told in these columns some weeks ago, how Mr. Mancherji, a District Engineer in the service, had been treated by his superiors-how, simply because a Divisional Engineer, who had had his way for a number of years in every thing had found him to be too honest and straight forward to sink down to the level of a second fiddle, Mr. Mancherji had been suspended and consured by the Superintending Engineer. Mr. Mancherji has since been re-instated though not a word has been put on resord to the discredit of Mr. Marret, the Divisional


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 Party shows the way for the economic as well as the political struggle. The Communist Party is the advance-guard of the proletariat. By the torch of Communism it lights up all the turnings of the road leading to the emancipation of the workers. On this account, the work which the Communists are doing in the Industrial Unions is but a fraction of the work which the Communist Party, as such, is doing.

During a period of dictatorship like that we in Russia are now passing through, one can still less think of any compromise with the equality of rights theory. The least deviation in this direction must be strenuously fought, in theory as well as in practice.

The present Industrial Unions are not necessarily under the Communist Party. All workers, both men and women, are received into them irrespective of their party or creed. A worker who does not belong to the Party has the full right to join our Industrial Unions. But on that account, Communists who work in the Industrial Unions should not fail to pay attention to the conservative character of the members who do not belong to the Party. The Communists, and the Communist group, in the Industrial Unions must preach Communism openly. The leaders of the Industrial Unions must constantly draw the attention of the workers to this fact, that the enemies of Communism, not belonging to the Party, are trying to deceive them. They should explain to the workers why the Industrial Unionists, whilst they are not formally members of our Party, always help the Communist Party, recognising the Dictatorship of the Proletariat, and de-


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Gummow J licensees and assignees of the intellectual property in question, who on their part undertake obligations to the licensor or assignor. Those rights of the intellectual property owner may properly be regarded as proprietary in nature for the purposes of s 51(xxxi) of the Constitution.

The rights mentioned in respect of registered trade marks are in substance, if not in form, denuded of their value and thus of their utility by the imposition of the regime under the Packaging Act. Section 28 of the Packaging Act goes to some lengths to preserve registrations against attack under the TMA by reason of non-use necessitated for compliance with the Packaging Act. Nevertheless, whilst the registration, like the weekly tenancy of Mr Dalziel, may remain, it is impaired in the manner just described.

In Mattel Inc v 3894207 Canada Inc Binnie J said that registered trade marks operated "as a kind of shortcut to get consumers to where they want to go, and in that way perform a key function in a market economy". The system established by the Packaging Act is designed to give the opposite effect to trade mark use, namely by encouraging consumers to turn away from tobacco products even if that otherwise is where they would "want to go". This is achieved by the contraction of device trade marks to the bare brand name and the required appearance of brand names, including those separately registered as word marks, in small print against a background of unattractive colour. A licensee or assignee, at peril otherwise of contravening the offence provisions in Ch 3 of the Packaging Act, would be enabled to exercise a licence or enjoy the assignment only in this constrained manner. The result is that while the trade marks remain on the face of the register, their value and utility for assignment and licensing is very substantially impaired.

The situation is even more drastic as regards the BAT Copyrights, the BAT Patent and the BAT Design at stake in the BAT Matter. Use of the artistic works on retail packaging of tobacco products is denied by the operation of s 20(3) of the Packaging Act. Use of the BAT Design would conflict with s 18(1) of the Packaging Act and exploitation of the BAT Patent would conflict with reg 2.1.1(2) of the Packaging Regulations.

The circumstances just described are sufficient to render the operation of the Packaging Act a "taking" of these items of intellectual property.

The situation respecting goodwill associated with the get-up of the packaging of tobacco products requires further consideration. This is because, unlike the statutory species of intellectual property just described, the common law restricts the exploitation of goodwill by its assignment. At common law the


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 fending the Power of the Soviets and the World Revolution.

The modern Industrial Unions are doing an enormous work, and they greatly facilitate the struggle for Socialism made by the Communist Party and the Soviets. But, at the same time, there is, during our transition, a dark side to the activity of the Industrial Unions. For example, some branches of the Dock Labourers' Union on the Volga support the wage demands of their short-sighted individual members. (without even having helped the Soviets in their fight against the incredible thefts which have been committed by the dockyard workers); they prove that they are very much behind the times, and that they are incapable of rising above the narrow interests of their group. When certain associations of clerks and other similar commercial associations introduce people into the Soviet institutions, who are not fit to do the work which is entrusted to them, and when, these associations take up the demands of their members, forgetting that they no longer have to deal with employers, but with the Proletarian State, they also prove their Trade Union narrowness. The fight against the negative parties of the working-class movement is one of the chief duties of the Communists in the Industrial Unions.

At a time when the best elements in French Syndicalism are abandoning their former errors, and moving towards Communism in laying down the principle: "All power to the Workers' Councils," there are working-class groups and circles in Russia which are trying to revive the worst features


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 of syndicalism. The famous Left-Wing Social Revolutionary Party recently adopted a resolution demanding the transfer of the whole administration of industry and transport to the Central Committee of the Industrial Unions. It further proposed that common action should be taken by that committee and the industrial organisations of the whole world for the entire management of the Social Revolution and the world control of industry and transport by a combine of Industrial Unions. The Communists who work in the Industrial Unions should strongly oppose syndicalist tendencies of this kind.

It is equally necessary to turn against the tendencies known by the name of "industrialism," which are defended by some members of the Russian working-class movement who are members of the Executive Committee of the All-Russian Metallurgical Union.

The industrialists want to erect our entire edifice on the skilled workers, and to put aside the whole mass of unskilled workers. Doubtless the War and the Revolution have led to many fundamental changes in the social structure of the proletariat itself. There is no possible doubt about that. The factory worker of to-day is certainly the most developed of the proletariat. But in no case can it be the task of the Communists, men of the working-class, only to elect skilled workers, who form a minority of the working class. The Communist ideas have nothing in common with the propagation of the working-class aristocracy. On the contrary, the task of the Communists, of the people in the working-class movement, consists in helping the most advanced sections of the


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Gummow J goodwill would be assignable only in conjunction with the goodwill of the business in respect of which the get-up was used. The underlying reason for the common law taking this attitude to assignments of goodwill is the loss of distinctiveness leading to the likelihood of deception of consumers as to the origin of goods. This reasoning may also apply to licensing of common law marks.

It is unnecessary to pursue further the question of whether the rights adhering to common law goodwill do not extend to rights of assignment or licensing and thereby deny subject matter for any deprivation by the Packaging Act sufficient to engage s 51(xxxi). This is because, in any event, there has been no acquisition of any interests of a proprietary nature by the Commonwealth or any other party by reason of the regime established by the Packaging Act.

In the Tasmanian Dam Case, Mason J said of the federal legislation there under challenge:

"In terms of its potential for use, the property is sterilized, in much the same way as a park which is dedicated to public purposes or vested in trustees for public purposes, subject, of course, to such use or development as may attract the consent of the Minister. In this sense, the property is 'dedicated' or devoted to uses, ie, protection and conservation which, by virtue of Australia's adoption of the Convention and the legislation, have become purposes of the Commonwealth. However, what is important in the present context is that neither the Commonwealth nor anyone else acquires by virtue of the legislation a proprietary interest of any kind in the property. The power of the Minister to refuse consent under the section is merely a power of veto. He cannot positively


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151 Engineer concerned. The re-inssatement, I need hardly tell you, is due not to a conviction on the part of the authorities of Mr. Maucherji's innocence-though there is not the slightest doubt that he is innocent-but to the fact that he is a man of influence. Since writing this I have seen a leader on the Diamond case in this morning's issue of the "Deccan Standard" in which the Nawab Vicar-ul-mulk is extolled for the way in which he acquitted himself of the very difficult task of writing a manifesto for the Nizam. It is difficult to understand wherein lies the excellence of the manifesto-whether in the laudatory phrases showered upon his Judges, or in the silly condemnation of Jacob's past conduct and the consequent proclamation of the gullibility of His Highness and those about him or in the tone of warm approval in which the Prince of Wales' condescension to appear before a Court of Justice is spoken of-for effect to be sure. I should like to ask the Nawab Vicar-ul-mulk to compare his fulsome praise of Judges in the manifesto with the lashing administered by His Excellency the Minister in the resolution issued on the City Murder Case, as well as how far the approval of the Prince of Wales' conduct was time-serving and how far sincere, seeing that His Highness the Nizam thought it consistent with his dignity only to appear before a commission in Hyderabad and thinks it derrogatory to go to the Calcutta High Court. It would be also interesting to know whether the far-sighted Vicar calculated on the counter-blast' in which Jacob trumpets forth to the world. The Nizam purchased the diamond outright. He may say anything he likes now. I have no fear of the result of the case."


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152 HYDERABAD, 23rd October, 1891. All India must have by this time heard of His Highness the Nizam's having presented a house to the Nawab Vicar-ul-Mulk Bahadur. It is not easy to understand what actuated the Nizam in favouring the Nawab thus, what it was meant that the recognition should signify to the public. Is Vicar-ul-mulk the lowest paid of the Secretaries? No. If he is the "hardest- worked" it is his own fault, he has to thank himself, his mastery over Sir Asman Jah for it. Who is to blame, I ask if the Nawab meddles in the affairs of Departments other than his own, if he acts the Minister's confidant and sets himself up as his philosopher and guide-and thus increases his work? It is indicative of the influences at work in the political world here that a local scribe should think it but right that the Nawab should be paid for his all-round interference which comes often in the way of justice and equity. Has Vicar-ul-Mulk rendered any remarkably good services to the State? None that I know of. Or is the Nawab a popular official? Again I must say, 'No'. A more unpopular official Hyderabad has yet to know. In the light of these considerations it is incomprehensible what led to the present above alluded to. Mukauda Rao, one of those condemned by His Excellency the Minister in his resolution on the report of the Salar Jung Debt Commission-applied for a copy of the report recently. And he has been informed by the authorities concerned, I am told, that the only 'fair copy' of the original, bearing the signatures, of the Commisioners was missing, that the original itself did not bear the signatures, and that consequently no copy of the report could be supplied to him. What do you think of this Mr. Editor? To condemn a man, and to tell him when he applies for copies of paper connected with his case that the set of papers containing the signatures of the authorities was missing and so on, and so no copies could be furnished him-is possible only in Hyderabad and that under the Mushtak Hussain regime.


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The Hindu

Works

 * 1) Hyderabad in 1890 and 1891; comprising all the letters on Hyderabad affairs written to the Madras Hindu by its Hyderabad correspondent during 1890 and 1891 (1892)

title: The Hindu


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153 Referring to the paragraph about Sir Syed Ahmad Khan of Allyghur, in my last letter, a friend told me: This is not the first instance in which such means have been employed by the Nizam's officials. I know a Subadhar, still in the service, who indemnified himself for the money he had to give His Highness's Choukdars by way of baksheesh, by charging one per cent. and-a- half on the salaries of his subordinates. And this is on official record." People in Hyderabad are known to be men of large promises. But few know outside Hyderabad what miserable things these large promises dwindle into when it comes to keeping them, and how often they remain merely promises "for all time." Within the last few years we have heard of several funds started by titled "gents" for public purposes. But no one seems to know what efforts have been made to make these funds successes, and how far they have been successful. What has become of the Salar Jung Memorial Fund which many big men in the official and non official circles stood god-fathers to? What has become of the Fund started by no less a personage than the Nawab Imad-nl-Mulk Bahadur, in aid of Pundita Rambhai's Sarada Sadhan? What has become of Balakrishna Memorial Fund with which the names of such men as Messrs, Heenan aud Crolly were associated? And when are we to have our Chadarghaut Jubilee gardens? Who can answer these questions.


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The Anchor

Strong trust of the bold sailor On the shores of sudden storm! How massive is its structure, How able is its form! Old ocean's bed-rock gripping With the hurricane's tug 'twill cope, And therefore 'tis the emblem held Of faith and stedfast hope.

Where never plummet sounded, By the bleak and stormy steep, Like a thunderbolt down rushing It is shot into the deep: Down where some mute sea monster Its hideous hulk uprears, And mightiest Silence drowned hath lain For many a thousand years.

In some famed bay of battle When plung'd with sullen roar— In Navarine, Aboukir, Or by Danish Elsinore; How meetly there it slumbers: Beneath the sounding wave. Amid the bones of gallant Tars In glory's watery grave!

In the bright and land-locked Haven— The weary voyage o'er, While only pleasant breezes Breathe welcome from the shore, Its noble form down dropping Into the quiet sand, Gives signal to the first glad boat Off putting for the strand.

Firm surety in the calmness, Strong resquer in the storm, A child when first beholding Thy aptitude of form, Might well divine the dangers With which 'tis thine to cope, And take thee as an emblem meet Of faith and stedfast hope.

title: The Anchor


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154 OUR RETIRING RESIDENT. HYDERABAD, 1st November 1891. Now that it is known for certain that Sir Dennis Fitz- patrick vacates the office of Resident here and leaves Hyderabad for Bombay, en route to England on the 12th instant, it seems advisible that I should lay before the readers of this journal a brief retrospect of the period of his "stewardship,” indicating the policy he has pursued, the results it has produced, in what it differs from that of his predecessor, what changes his influence has wrought in the state of affairs of the Nizam's Kingdom, and what sort of a legacy he leaves to his successors. There cannot be two opinions about Sir Dennis's character as an official. He is upright, conscientious, even-handed in his dealings with the meanest as well as the highest, and in short he is as good a specimen of a British Indian official as it is possible to have. Yet he has not only been of no use to Hyderabad, but a source, though innocent, of harm to the many millions of its inhabitants. Strange as this may sound, it is nevertheless a fact, a fact that any one who has noted with accuracy the events of the last three years can testify to; and I am inclined to think it is due to the preponderance in Sir Dennis of the very qualities we would deem virtues in a man, I shall make myself clear. It is a well-known fact that Sir Dennis Fitzpatrick's immediate predecessors did not leave behind them any happy records of work done or attempted. Devoid of self-restraint and farsightedness which alone could have provided against their stranding themselves and made it all fair sailing for them, Messrs. Cordery and Howell, both very clever men, identified themselves with some one or other of the factions that this unfortunate State is always full of, were swayed by party passions, became amenable to the mean tactics of party warfare, and suffered, as they richly deserved to suffer, discomfiture, and disappeared


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155 amidst the crash of the bright reputations that their previous services had built up. Verily Hyderabad proved, in their cases a grave of political reputations. Such was the record that was left of the work of Sir Dennis's predecessors and that started him in the face when he took charge of the office of Resident here. He saw that 'interference' was eminently characteristic of it. And in his supreme anxiousness to fare better than his predecessors had done, to secure to his reputation a fate different from that which overtook theirs, he failed to note that it was party-spirited interference, interference at the instance of intriguing heads, that had proved their ruin-and set his heart upon pursuing a policy of perfect non-interference. This was a mistake surely. But it is not to this alone that the Hydrabadees owe the worst system of Government that they have had for a long time, the consolidation of the power of a set of aliens, the most self-seeking and the least interested in their well-being that they have known. For, we know that rigid non-interference acts oftentimes as a check upon erring men by the dread, born of uncertainty, it inspires-and Sir Dennis Fitz- patrick could have furnished this check with his policy but for his possessing qualities which we are accustomed to look upon as estimable in a man. Sir Dennis is social and affable, and as such he could not keep aloof from the influence of the Hyderabad officials. And it was an unlucky day for Hyderabad, when he set aside the very salutary rule of not permitting the officials of His Highness the Nizam's Government to come in frequent contact with him, and announced his intention to be at home" once in a week. Hyderabad officials were not the men to be slow to avail themselves of a privilege. They put in their appearance at the Residency regularly, and gave their versions of the story" and represented measures in their light so often and so persistently that it would have been a wonder if he did not come to believe in them as he has believed in them, and become. a partizan-unconsciously to be sure of their's as he has become And the results have been most unfortunate. The most glaring instances of oppression, wrong-doing, injustice, and mischief caused


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156 by the powers-that-he have failed to convince him of their unworthiness. The Treasury frauds Cases, the City Murder Case, the infamous way in which men like the Rajahsahib, of Anagondi have been treated, the alliance with hireling journalists and men like the "law giver" of the Deccan, Mahomed Ali alias Zafar Yab Khan-whose history I told in these columns months ago-each one of these is enough to set a mark on a party in power, and yet none of them seems to have counted for anything in Sir Dennis's eyes. A spirit of blind confidence has characterised his attitude towards the officials. And this was remarkably illustrated by a Residency official when he stated at an interview which a native gentleman had with him not long since in connection with the permission applied to start a paper here-"you will not get the permission for we don't want a paper of the sort." This mischief did not stop here, Mr. Editor. Having made up his mind not to interfere as Resident, Sir Denuis allowed himself to interfere in his private capacity, as a friend to His Highness the Nizam. Whenever it was necessary he advised the Nizamn in behalf of the party in power-under wrong impression and with the best of intentions, as I have all along said. Just think of how the Nawab Vicar-nl-mulk came to be retained in office in spite of his resignation. The Nawab's friends and admirers made his retirement out to be such a public calamity, that the Resident forthwith sought an interview with the Nizam and as a friend asked him whether it was true he was going to get rid of such a "useful" official. And His Highness more polite than strong minded said, "no"-and had to keep the Nawab to show that he was 'a man of his word, and punctiously so'. Sir Dennis knew all along that Mushtak Husain held more power in his hands than it was good for the State he should hold-for though only Revenue Sectetary in name he used to see the Resident frequently as "confidential agent" to Sir As- manjah. A word of disapproval of his, of course as a friend could have at any time established "balance of power" in the


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Fainting by the Way

SWARTHY wastelands, wide and woodless, glittering miles and miles away, Where the south wind seldom wanders, and the winters will not stay; Lurid wastelands, pent in silence, thick with hot and thirsty sighs, Where the scanty thorn-leaves twinkle, with their haggard hopeless eyes; Furnaced wastelands, hunched with hillocks like to stony billows rolled Where the naked flats lie swerling, like a set of darken'd gold; Burning wastelands, glancing upwards with a weird and vacant stare, Where the languid heavens quiver, o'er red depths of stirless air!

"Oh! my brother, I am weary of this wildering waste of sand, In the noontide we can never travel to the promis'd land! Lo! the desert broadens round us, glaring wildly in my face, With long leagues of sunflame on it—O! the barren, barren place! See! behind us gleams a green plot; shall we thither turn and rest, Till a cool wind flutters over, till the Day is down the West! I would follow but I cannot! brother, let me here remain, For the heart is dead within me, and I may not rise again!"

"Wherefore stay to talk of fainting, rouse thee for a while, my friend, Evening hurries on our footsteps, and this journey soon will end— Wherefore stay to talk of fainting, when the sun, with sinking fire, Smites the blocks of broken thunder blackening yonder craggy spire? Even now the far off landscape broods and fills with coming change, And a wither'd moon grows brighter, bending o'er that shadow 'd range, At the feet of grassy summits sleeps a water calm and clear, There is surely rest beyond it, comrade, wherefore tarry here?

"Yet a little longer struggle, we have walkt a wilder plain, And have met more troubles, trust me, than we e'er will meet again! Can you think of all the dangers, you and I are living through, With a soul so weak and fearful—with the doubts I never knew? Dost thou not remember that the thorns are cluster'd with the rose; And that every Zin-like border may a pleasant land enclose? Oh! across these sultry deserts, many a fruitful scene we'll find And the blooms we gather shall be worth the wounds they leave behind!"

"Ah! my brother, it is useless!—see, o'erburdened with their load, All the friends, who went before us, full and filter by the road! We have come a weary distance, seeking what we may not get, And I think we are but children, chasing rainbows thro' the wet! Tell me not of vernal vallets! is it well to hold a reed Out for drowning men to clutch at, in the moments or then need? Go thy journey, on without me, it is better I should stay, Since my life is like an evening, fading, swooning fast away!

"Where are all the springs you talked of! Have I not, with pleading mouth, Looked to heaven, thro' a silence stifled in the crimson drouth? Have I not, with lips unsated, watched to see the fountains burst Where I searched the rocks for cisterns, and they only mocked my thirst! Oh! I dreamt of countries fertile, bright with lakes, and flashing rills, Leaping from their shady caverns, streaming round a thousand hills!— Leave me, brother, all is fruitless, barren, meisureless, and dry; And my God will never help me, though I pray, and faint, and die!"

"Up! I tell thee this is idle!—O, thou man of little faith, Doubting on the verge of Aidenn, turning now to covet death! By the fervent hopes within me,—by the strength which nerves my soul, By the heart that yearns to help thee, we shall live and reach the goal! Rise and lean thy weight upon me! Life is fair, and God is just, And He yet will show us fountains, if we only look and trust! Oh! I know it, and He leads us to the glens of stream and shade, Where the low sweet waters gurgle round the banks which cannot fade!"

Thus he spoke, my friend and brother, and he took me by the hand, And I think we walkt the desert till the night was on the land! Then we came to flowery hollows, where we heard a far off stream Singing in the moony twilight, like the rivers of my dream! And the balmy winds came tripping softly thro' the pleasant trees, And I thought they bore a murmur, like a voice from sleeping seas! So we travell'd—so we reached it, and I never more will part With the peace, as calm as sunset, folded round my weary heart.

title: Fainting by the Way


text: Talk:Fainting by the Way

title: Talk:Fainting by the Way


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157 State. But that word was not forthcoming. Probably he thought it would tantamount to interfering in his official capacity in this case. What has been the consequence of all this blundering on the part of the Resident? A few Hindustanees have obtained power for evil; most of the Departments in the State have become reserve fields for favourites to thrive in the Hydrabadees are in a worse plight than ever they were. I hope I have made myself clear to my readers. The path of duty is clear before Sir Dennis Fitzpatrick's successor. And it is to be hoped that he will not allow his admiration for Sir Dennis-and, I am told, he is a very great admirer of his--to blind him to the mistakes his very goodness led him into and will act for the benefit of this suffering State. Pointing out mistakes does not seem, at first sight, to furnish a fitting farewell to a man like Sir Dennis Fitzpatrick, who has many claims to respect and admiration. But it must be remembered that in this world no character, whether public or private can be perfection. And if we mark away the blemishes, we can better appreciate the "good points." Sir Denvis Fitzpatrick goes away with an unbeclouded reputation leaving behind him many friends and admirers- though few who can say that his services have been as good here as elsewhere.


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158 HYDERABAD, 5th November 1891. The "Pioneer's" estimate of Sir Dennis Fitzpatrick's services here is amusing, though clever, reading. Indicating both sides of the question he makes his meaning clear enough and that is, that Sir Dennis has not been a "success." If he defined correctly the duty of a Resident before the Imperial Diamond Commission, I can almost fancy the Allahabad Oracle saying, Sir Dennis Fitzpatrick must be considered one of the best Residents Hyderabad has had; but if public opinion is any criterion of his work he is a big failure. This is dealing out even-handed justice in sooth--and we are left to choose between what Sir Dennis thinks of his official conduct here, and what the public think of it. Hitherto there was an impression that Sir Dennis Fitzpatrick's policy-and that is difficult to under- stand-was shaped by orders from higher quarters-that is that he was giving the "culprit" a long rope to hang himself by acceding to the wishes of the Supreme Government. But that impression has been removed by the "Pioneer's" article. The statement that Sir Dennis read at the 'Imperial' Diamond inquiry is one of the most egotistical documents that have ever been penned by British Indian officials. It makes one smile to see how calmly and coolly he makes his definition of a Resident's duties chime in with what he has himself done here as Resident; and one cannot help starting when he blows his own trumpet in the rather comic style in which he does it in his paper. Good has invariably resulted from my advice whenever I chose to give it, the Resident composedly tells us and the Nizam's officials themselves will admit this. IIe, the astate lawyer that he is does not mention who profited by the good that invariably resulted from his advice, unless he meant it to be understood that the witnesses he cites and those that benefited by the results of his advice were the same-the officials. There is not the slightest doubt that the officials will admit all that he has said in praise of himself or they will lay themselves open to a charge of ingratitude of a very bad type-


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 friendly visits to their countrymen in the city, and it was to be hoped that no more fires would be the consequence. Of course the Greeks could do nothing but acquiesce, or fight, and they did not like fighting.

Three months passed in ceaseless endeavour to complete this unpopular tax of 200,000 marks. Isaac continued to feast his astrologers and lying monks, and Alexis found his sole delight in the Latin camp. The people murmured, whispered, and told stories to each other. In January, the hungry dogs of war across the Golden Horn sent a message to the two emperors. Unless the money was paid immediately, they would be compelled to declare war. One does not quite understand the policy of this announcement. The Venetians, one would think, must have known the true state of affairs—the utter poverty of the empire, the general collapse of all its resources. Perhaps they hoped by such a measure to obtain large concessions for their trading interests, to keep Pisa and Genoa out of the Dardanelles altogether, to take advantage of the weakness of Constantinople—just as, six hundred and seventy years later, the Russians would try to take advantage of the weakness of Turkey—and make that queen of cities a vassal and dependent on Venice.

They could hardly have reckoned on what really happened, which would have been too much of a risk to face. For the people—would that contemporary historians would tell us more of the poor, suffering, patient people—refused to bear any more, and rose in swift and sudden revolt. It was the evening of January 25, 1204.


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 They brought together in the cathedral of St. Sophia the members of the senate, the nobles, and the clergy, and they bade them elect, there and then, a new emperor. A little respite was gained, because in that time of suspense and peril it was no easy matter to find a man courageous enough to take upon himself this dangerous distinction. Three days of anarchy and confusion followed. Isaac II., luckily for himself, seized this opportunity of dying. Then, as no one would become emperor, the mob seized on a young man, named Nicolas Kanavos, and proclaimed him emperor, against his will.

Young Alexis IV. turned with despairing eyes upon the Latin camp. There, and there alone, seemed to be his chance of safety. He made hasty and secret arrangements with the Marquis of Montferrat for the admission of the Crusaders into the city, and waited their arrival. He would have done better either to trust to his Varangian guard, or to fly to the Latin camp without delay. But these Greek emperors trusted no one, and if they fought, or if they fled, seemed always to fight or fly too late.

Late in the evening, while Alexis was expecting, perhaps, the arrival of same of his Latin defenders, he received a visit from Alexis Ducas, called, from the thickness of his beetling eyebrows, Murtzuphlos. This man was one of the officers of the household, chamberlain or keeper of the imperial wardrobe. He came into the presence of the young emperor, hurriedly, without ceremony, urging immediate flight from the rage of a maddened mob, which he represented as close at his heels. There was no mob. But the unhappy youth,


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 begging Murtzuphlos to help him in his escape, confided to his care the imperial insignia, and entrusted himself to his guidance to be led, by devious ways, into the Crusaders' camp.

By devious ways, indeed, but not to the Latin camp. For the treacherous Murtzuphlos led him to a dungeon, into which he thrust him, and went on his way to consummate his plot.

This was, naturally, to become emperor. He was raised to that office by the acclamations of the army. The young man they called Nicolas Kanavos came down joyfully from the throne on which he never wished to be seated. Alexis IV. was strangled in his prison, and Alexis V. reigned in his stead.

It is unfortunate for Alexis the Beetle-browed that the description of his character has fallen into unfriendly hands, who represent him as a traitor, murderer, robber, and usurper. That he was all these there can be no doubt. Let us, however, concede in his favour that he was the only man of the time, until Theodore Lascaris came to the front, who could command fear, ensure order and discipline, and make himself obeyed by his craven countrymen. He was the one strong man left in the city during those disastrous days. He was valiant, as everybody knew; he was active in overlooking the execution of the works for defence; he was even to be met at night, carrying that terrible battle-axe of his, patrolling the streets, to maintain order. So far, he was an admirable prince. But he insisted on the citizens doing something for themselves. There should be no payment of others


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 to do the fighting while he wore the purple; there should be a levée en masse; the merchants from their shops, the mechanics from their trades, the sturdy beggars from their sunny corners, should all alike stand up and be drilled side by side, or be sent out with pike and lance to fight the Latin foe. This made him unpopular. A man might be a murderer, a traitor, and a usurper, in that Greek empire, and yet be a favourite with the people. What was not allowed was that he should interfere with the cowardice and the supineness of the citizens. And when, to pay for his expenses, he imposed ruinous taxes, and even laid hands upon their property, his name began to be held in execration as much as his terrible face in fear.

Alexis could make them stand up and pretend to be soldiers; he could not make them fight. Once, and once only, he led them out to meet the Crusaders. With one accord they turned and fled, so that he tried that experiment no more. And now, even to him, it seemed evident that the city must fall.

Three months after the usurpation of Alexis the Crusaders resolved upon making a general and united attack. This time it would seem as if the counsel of the Venetians was followed, because the attempt on the land wall was not renewed, the whole strength of the army being hurled against the long line of wall facing the Golden Horn. This plan was advantageous to Alexis, it enabled him to place the whole of his Varangians and Pisans upon the battlements. It was advantageous to the assailants, because their own forces


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 were not strong enough for division, as had been already proved. Moreover, the weakness of the wall lay in the fact that it possessed no flank defences; it was all curtain; and there were the quays, of which the assailants could take advantage for landing troops, scaling-ladders, and engines. The Crusaders attacked from the ships of the Venetians by means of drawbridges and wooden towers. Nevertheless, after a fight of extraordinary fury, the Latins had to retire, with the loss of many of their bravest soldiers.

Three days later, on the 12th of April, they renewed the attack, this time with better success. They had bound their ships together in pairs; they had raised the wooden bulwarks of their decks, and enlarged the tops which held the archers, so that they could bring to bear upon any point of the walls a concentrated volley of missiles. These tactics succeeded, aided by the arrows and bolts from the other ships. The two united vessels, the Paradise and the Pilgrim, laid three bridges upon one of the towers of the wall, which was instantly occupied by their men. Crowds poured in at this avenue, and within a few minutes four or five of the towers, with the wall between, were in the hands of the Crusaders. Then they opened three of the city gates, landed their horses from the ships in the rear, and prepared to take the town, street by street if necessary, by storm. But here the Varangians and the Pisans declined the contest. They refused to fight any more, and carried the emperor to his palace of Bucoleon. The Crusaders for their part seized and occupied the palace of Blachern, near the northern angle


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 of the wall, the same palace from which Alexis watched their abortive assault, and as the day was too far gone for further work, set fire to the houses. It is said that more houses were destroyed in these successive conflagrations than were contained in any three cities of France all taken together.

The usurper had nothing left but flight. He took with him his wife Eudocia and his mother Euphrosyne, embarked in a galley, and disappeared from the city. He was destined, however, to return to it again, a prisoner, to receive the doom of death.

The city almost in the hands of the enemy, the flames raging through street after street, their emperor fled, their Varangians refusing to fight—what was to be done? The people ran shouting and crying to their great Church of St. Sophia: would any one become emperor? It showed how deeply the spirit of superstition had sunk into the Byzantine heart, that, whatever was the emergency, they always began by proclaiming an emperor. They were helpless without one; they had lost the power of independent action; they trembled at responsibility. This mental condition is the most inevitable, as it is the worst, result of imperialism.

They elected Theodore Lascaris, son-in-law of Alexis III. He undertook to rouse, if possible, the Varangians to resistance. They still refused to fight. Probably they were disgusted at the helplessness of a city of half a million which suffered itself to be taken by an army of 30,000 men. Without fighting, it was useless to remain as an emperor within the walls of the city. The


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 elected sovereign of one night, therefore, followed his predecessor in flight, so that there were now three Greek emperors fugitives. That was one remarkable result of the Crusade. A fourth emperor had died in his bed, and a fifth, had been strangled. Five emperors disposed of in six months.

Now, however, there was no more fighting. The city was in the hands of the Western Christians. They behaved as Christian soldiers, whether of the East or West, always have behaved: they pillaged, destroyed, burned, outraged, and murdered.

When there was a pause, from sheer fatigue, in a sack as full of horrors as that which three hundred years later was to fall on the sister city of Rome; when the men-at-arms sat down and slept, weary with murder and pillage; when before the stripped and naked altars, on which shameless women had been set to dance and sing for their amusement, lay the ribald soldiers, on whose arm was sewn in mockery the red cross; when the Latin clergy had run from church to church, collecting at every one the holy relics with which the city abounded—the chiefs began to take thought of order. A solemn thanksgiving was held in the Church of St. Sophia. It was ordered that all the booty should be collected and brought to certain churches, where it was valued and divided according to the agreement already concluded between the Venetians and the Flemings.

It was certainly necessary that some such agreement should be arrived at. The Venetians began by demanding that the freight of the expedition should first be paid


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Rh

63.—(1) Information contained in a historical record cannot be exempt information by virtue of section 28, 30(1), 32, 33, 35, 36, 37(1)(a), 42 or 43.

(2) Compliance with section 1(1)(a) in relation to a historical record is not to be taken to be capable of having any of the effects referred to in section 28(3), 33(3), 36(3), 42(2) or 43(3).

(3) Information cannot be exempt information by virtue of section 37(1)(b) after the end of the period of sixty years beginning with the year following that in which the record containing the information was created.

(4) Information cannot be exempt information by virtue of section 31 after the end of the period of one hundred years beginning with the year following that in which the record containing the information was created.

(5) Compliance with section 1(1)(a) in relation to any record is not to be taken, at any time after the end of the period of one hundred years beginning with the year following that in which the record was created, to be capable of prejudicing any of the matters referred to in section 31(1).

64.—(1) Information contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland cannot be exempt information by virtue of section 21 or 22.

(2) In relation to any information falling within section 23(1) which is contained in a historical record in the Public Record Office or the Public Record Office of Northern Ireland, section 2(3) shall have effect with the omission of the reference to section 23.

65.—(1) Before refusing a request for information relating to information which is contained in a historical record and is exempt information only by virtue of a provision not specified in section 2(3), a public authority shall—
 * (a) if the historical record is a public record within the meaning of the Public Records Act 1958, consult the Lord Chancellor, or
 * (b) if the historical record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, consult the appropriate Northern Ireland Minister.

(2) This section does not apply to information to which section 66 applies.

66.—(1) This section applies to any information which is (or, if it existed, would be) contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this section.

(2) Before determining whether—
 * (a) information to which this section applies falls within any provision of Part II relating to the duty to confirm or deny, or
 * (b) information to which this section applies is exempt information, the appropriate records authority shall consult the responsible authority.

(3) Where information to which this section applies falls within a provision of Part II relating to the duty to confirm or deny but does not fall within any of the provisions of that Part relating to that duty which

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 and farther does the hope recede of having the God-revealed truths explained.

After this, in the 2d division, there are adduced the proofs of the fathers of the church that God is an incorporeal, immaterial essence, and the same argument is continued. What is quoted is not the false, but the queer, reasoning of the fathers of the church, which shows that the fathers of the church were far from that conception of God which is common with every believer at the present time. They take pains to prove, for example, that God is not limited by anything, or is not subject to suffering, or not subject to destruction. No matter how worthy the labours of these fathers have been in the time of struggle against the pagans, the statement that God is not subject to suffering has involuntarily the same effect upon us as would have the statement that God does not need any raiment or food, and proves that to a man who argues the indestructibility of God the conception of the Deity is not clear and not settled. It does not explain anything to us and only offends our feeling. But, apparently, the compiler needs it: precisely what offends our feeling is what he needs, namely, the abasement of the idea of God.

In the 3d division the compiler quotes, in the shape of a proof, that invective which the fathers of the church uttered in defence of their opinion:

“In connection with this it is important for us to notice that the ancient pastors, rebuking the errors of the anthropomorphists, called their opinion a senseless, most stupid heresy, and accounted the anthropomorphists, who held this opinion, as heretics.”

And as the last argument of the church the following is adduced:

“For this reason we hear, among other things, in the ‘order of Orthodoxy,’ which the Orthodox Church performs in the first week of the Great Lent, the following


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36c. 36

are specified in subsection (3) of section 2, any question as to the application of subsection (1)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.

(4) Where any information to which this section applies is exempt information only by virtue of any provision of Part II not specified in subsection (3) of section 2, any question as to the application of subsection (2)(b) of that section is to be determined by the responsible authority instead of the appropriate records authority.

(5) Before making by virtue of subsection (3) or (4) any determination that subsection (1)(b) or (2)(b) of section 2 applies, the responsible authority shall consult—
 * (a) where the transferred public record is a public record within the meaning of the Public Records Act 1958, the Lord Chancellor, and
 * (b) where the transferred public record is a public record to which the Public Records Act (Northern Ireland) 1923 applies, the appropriate Northern Ireland Minister.

(6) Where the responsible authority in relation to information to which this section applies is not (apart from this subsection) a public authority, it shall be treated as being a public authority for the purposes of Parts III, IV and V of this Act so far as relating to—
 * (a) the duty imposed by section 15(3), and
 * (b) the imposition of any requirement to furnish information relating to compliance with Part I in connection with the information to which this section applies.

67. Schedule 5 (which amends the Public Records Act 1958 and the Public Records Act (Northern Ireland) 1923) has effect.

Amendments relating to personal information held by public authorities

68.—(1) Section 1 of the Data Protection Act 1998 (basic interpretative provisions) is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—
 * (a) in the definition of “data”, the word “or” at the end of paragraph (c) is omitted and after paragraph (d) there is inserted “or
 * (e) is recorded information held by a public authority and does not fall within any of paragraphs (a) to (d);”, and
 * (b) after the definition of “processing” there is inserted—
 * ““public authority” has the same meaning as in the Freedom of Information Act 2000;”.

(3) After subsection (4) there is inserted—
 * “(5) In paragraph (e) of the definition of “data” in subsection (1), the reference to information “held” by a public authority shall be construed in accordance with section 3(2) of the Freedom of Information Act 2000.

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Rh

(4) In section 56 of that Act (prohibition of requirement as to production of certain records), after subsection (6) there is inserted—
 * “(6A) A record is not a relevant record to the extent that it relates, or is to relate, only to personal data falling within paragraph (e) of the definition of “data” in section 1(1).”

(5) In the Table in section 71 of that Act (index of defined expressions) after the entry relating to processing there is inserted—

69.—(1) In section 7(1) of the Data Protection Act 1998 (right of access to personal data), for “sections 8 and 9” there is substituted “sections 8,  9 and 9A”.

(2) After section 9 of that Act there is inserted—
 * 9A.—(1) In this section “unstructured personal data” means any personal data falling within paragraph (e) of the definition of “data” in section 1(1), other than information which is recorded as part of, or with the intention that it should form part of, any set of information relating to individuals to the extent that the set is structured by reference to individuals or by reference to criteria relating to individuals.
 * (2) A public authority is not obliged to comply with subsection (1) of section 7 in relation to any unstructured personal data unless the request under that section contains a description of the data.
 * (3) Even if the data are described by the data subject in his request, a public authority is not obliged to comply with subsection (1) of section 7 in relation to unstructured personal data if the authority estimates that the cost of complying with the request so far as relating to those data would exceed the appropriate limit.
 * (4) Subsection (3) does not exempt the public authority from its obligation to comply with paragraph (a) of section 7(1) in relation to the unstructured personal data unless the estimated cost of complying with that paragraph alone in relation to those data would exceed the appropriate limit.
 * (5) In subsections (3) and (4) “the appropriate limit” means such amount as may be prescribed by the Secretary of State by regulations, and different amounts may be prescribed in relation to different cases.
 * (6) Any estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000.”
 * (6) Any estimate for the purposes of this section must be made in accordance with regulations under section 12(5) of the Freedom of Information Act 2000.”

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38c. 36

(3) In section 67(5) of that Act (statutory instruments subject to negative resolution procedure), in paragraph (c), for “or 9(3)” there is substituted “, 9(3) or 9A(5)”.

70.—(1) After section 33 of the Data Protection Act 1998 there is inserted—
 * 33A.—(1) Personal data falling within paragraph (e) of the definition of “data” in section 1(1) are exempt from—
 * (a) the first, second, third, fifth, seventh and eighth data protection principles,
 * (b) the sixth data protection principle except so far as it relates to the rights conferred on data subjects by sections 7 and 14,
 * (c) sections 10 to 12,
 * (d) section 13, except so far as it relates to damage caused by a contravention of section 7 or of the fourth data protection principle and to any distress which is also suffered by reason of that contravention,
 * (e) Part III, and
 * (f) section 55.
 * (2) Personal data which fall within paragraph (e) of the definition of “data” in section 1(1) and relate to appointments or removals, pay, discipline, superannuation or other personnel matters, in relation to—
 * (a) service in any of the armed forces of the Crown,
 * (b) service in any office or employment under the Crown or under any public authority, or
 * (c) service in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action taken, in such matters is vested in Her Majesty, any Minister of the Crown, the National Assembly for Wales, any Northern Ireland Minister (within the meaning of the Freedom of Information Act 2000) or any public authority,
 * are also exempt from the remaining data protection principles and the remaining provisions of Part II.”
 * are also exempt from the remaining data protection principles and the remaining provisions of Part II.”

(2) In section 55 of that Act (unlawful obtaining etc. of personal data) in subsection (8) after “section 28” there is inserted “or 33A”.

(3) In Part III of Schedule 8 to that Act (exemptions available after 23rd October 2001 but before 24th October 2007) after paragraph 14 there is inserted—
 * “14A.—(1) This paragraph applies to personal data which fall within paragraph (e) of the definition of “data” in section 1(1) and do not fall within paragraph 14(1)(a), but does not apply to eligible manual data to which the exemption in paragraph 16 applies.

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 words: Anathema on those who say that God is not spirit, but flesh!”

That ends all we know about the substance of God, namely, that he is a spirit. What is the deduction from all that? That God is not an essence, but a spirit: all that results from the conception of God, and all believers cannot help thinking otherwise. This is partly confirmed by this article. But, in addition to that, we have the statement that this spirit is something special, separate, almost incomprehensible. In this verbal blending of the contradictions consists the subject matter of Art. 18. What the purpose is, appears clearly from the following 18th article.

“18. The idea of the essential properties of God,—their number and division.—The essential properties in God (τὰ οὐσιώδη ἰδιώματα, proprietates essentiales), or, in one word (ἀξιώματα, δόγματα, ἐπιτηδεύματα, attributa, perfectiones), are such as belong to the divine essence alone and distinguish him from all other beings, and so they are properties which are equally applicable to all the persons of the Holy Trinity, who form one in their essence, for which reason they are also called general divine properties (ἰδιώματα κοινά) in contradistinction to special or personal attributes (τὰ προσωπικὰ ἰδιώματα, proprietates personales), which belong to each person of the Deity taken separately and thus distinguish them among themselves.” (p. 102.)

It turns out that God, a simple spirit, has properties which distinguish him from all other beings. More than that: in addition to the general, divine attributes, there are others, which distinguish the same God in the three persons, though nothing has as yet been said about what the Trinity, and what a person is.

“It is impossible to define the number of essential or common properties of God. Though the church, in giving us a sound idea about God, mentions some of these


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 * (a) the fourth data protection principle, and
 * (b) section 14(1) to (3).”

(4) In Schedule 13 to that Act (modifications of Act having effect before 24th October 2007) in subsection (4)(b) of section 12A to that Act as set out in paragraph 1, after “paragraph 14” there is inserted “or 14A”.

71. In section 16(1) of the Data Protection Act 1998 (the registrable particulars), before the word “and” at the end of paragraph (f) there is inserted— “(ff) where the data controller is a public authority, a statement of that fact,”.

72. In section 34 of the Data Protection Act 1998 (information available to the public by or under enactment), after the word “enactment” there is inserted “other than an enactment contained in the Freedom of Information Act 2000”. Other amendments

73. Schedule 6 (which contains further amendments of the Data Protection Act 1998) has effect.

74.—(1) In this section “the Aarhus Convention” means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters signed at Aarhus on 25th June 1998.

(2) For the purposes of this section “the information provisions” of the Aarhus Convention are Article 4, together with Articles 3 and 9 so far as relating to that Article.

(3) The Secretary of State may by regulations make such provision as he considers appropriate—
 * (a) for the purpose of implementing the information provisions of the Aarhus Convention or any amendment of those provisions made in accordance with Article 14 of the Convention, and
 * (b) for the purpose of dealing with matters arising out of or related to the implementation of those provisions or of any such amendment.

(4) Regulations under subsection (3) may in particular—
 * (a) enable charges to be made for making information available in accordance with the regulations,
 * (b) provide that any obligation imposed by the regulations in relation to the disclosure of information is to have effect notwithstanding any enactment or rule of law,
 * (c) make provision for the issue by the Secretary of State of a code of practice,

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40c. 36

 * (e) provide for any of the provisions of Parts IV and V to apply, with such modifications as may be specified in the regulations, in relation to compliance with any requirement of the regulations, and
 * (f) contain such transitional or consequential provision (including provision modifying any enactment) as the Secretary of State considers appropriate.

(5) This section has effect subject to section 80.

75.—(1) If, with respect to any enactment which prohibits the disclosure of information held by a public authority, it appears to the Secretary of State that by virtue of section 44(1)(a) the enactment is capable of preventing the disclosure of information under section 1, he may by order repeal or amend the enactment for the purpose of removing or relaxing the prohibition.

(2) In subsection (1)—
 * “enactment” means—
 * (a) any enactment contained in an Act passed before or in the same Session as this Act, or
 * (b) any enactment contained in Northern Ireland legislation or subordinate legislation passed or made before the passing of this Act;
 * “information” includes unrecorded information.

(3) An order under this section may do all or any of the following—
 * (a) make such modifications of enactments as, in the opinion of the Secretary of State, are consequential upon, or incidental to, the amendment or repeal of the enactment containing the prohibition;
 * (b) contain such transitional provisions and savings as appear to the Secretary of State to be appropriate;
 * (c) make different provision for different cases.

76.—(1) The Commissioner may disclose to a person specified in the first column of the Table below any information obtained by, or furnished to, the Commissioner under or for the purposes of this Act or the Data Protection Act 1998 if it appears to the Commissioner that the information relates to a matter which could be the subject of an investigation by that person under the enactment specified in relation to that person in the second column of that Table.

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The Hyderabad Correspondent.


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 out of the plunder, a proposal which left it open to themselves to estimate the cost of this freight at their own price. This danger was averted by the concession that the Venetians should receive three-quarters of the plunder and the Latins the rest.

An immense quantity of the booty was of course stolen and withheld by soldiers, knights, and clergy. An incalculable amount of wealth had been wrecked in the conflagrations, and stores of precious things whose value was unknown to these rude warriors—manuscripts, statues, works of art—had been ruthlessly destroyed by the conquerors.

Gibbon borrows from Nicetas a list of the principal statues which were overthrown and destroyed. Many of these were of bronze or brass, and were melted down, not for the sake of wanton mischief, but for the value of the metal.

Still there remained a goodly pile of precious things. The value of the booty was estimated at 300,000 marks of silver, each mark being equal to a pound weight. The Crusaders paid up their debt to the Venetians, and were able, dividing the remainder of their portion into shares represented in the proportion of 1:2:4, to give to foot-soldiers, horsemen, and knights, respectively the sum of three, six, and twelve marks. If, as was roughly calculated above, the purchasing power of each mark was equal to that of £18 of our own money, it will be seen that the capture of Constantinople was a fairly good day's work; but of course nothing to what under more economical management and without three fires it ought


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 to have been, and no doubt was expected to have been. One wonders how much of this money ever reached Western Europe.

As for the people, the sacking and the plunder once over, they went on with their usual work. The misfortunes of the city fell chiefly on the rich; there was some comfort in witnessing the impoverishment of those who had fattened on their leanness. They were always poor; their poverty was not likely to be much worse under the Latins than it had been under their own chiefs; if a man has nothing he can lose nothing. Nor was their indignation at the insults offered to their religion much greater than their indignation at the national disgraces. These insults affected the clergy, and between clergy and people a great gulf had gradually grown up, widening year by year.

The conquest of Constantinople meant nothing less than the overthrow of the old Roman Empire of the East; for although the Latins remained in possession for no more than sixty years, when the Greeks came back, the old things were either gone, or survived but as a shadow of what they had been. There comes a time in the history of old monarchies when things which are but shadows, such as court ceremonies, court titles, court dignities, seem like things real and substantial; but when they go they can never be revived. A shadow may seem to be real, seen in certain lights; but when its shadowy character has been apprehended, it can never again, in any light, appear to be what it is not. All the antiquated forms, the empty ceremonials, which had surrounded the


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 throne of Byzantium for nine hundred years, were swept away. The tenures of the land were changed. Old notions of law, justice, religion, social customs, rank, were changed suddenly. When the last Courtenay emperor fled, as Alexis III., Alexis V., and Theodore Lascaris fled, in secret and by night, his conquerors came back, as Louis XVIII. did, to a place which was strange and new to those who yet remembered the old traditions.


text: Constantinople: A Sketch of its History from its Foundation to its Conquest by the Turks in 1453/Chapter 9


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 a crime which they have not as yet felt called upon to commit. But, did Sir Dennis give himself time to find out whether the testimony of such interested parties as the Nizam's officials could count for anything in the eyes of a sane man? His Excellency Sir Asmanjah has issued in the Home Department a resolution on Col. Indlow's report on the inquiry into the Salar Jung Bribery Case, I alluded to in these columns more than four months ago. It keeps up the mark of its "predecessors" some of which I have the pleasure of noticing in my letters. The valuable services of the gentleman who conducted the inquiry are duly recognised; the official charged with accepting bribes from one of the Begums of the Salar Jung family is honorably acquitted; and those who gave evidence against the official are condignly punished. Seeing that rumours that had been afloat in the city for some time about two of the Begums of the Salar Jung family offering bribes to a certain official and that found expression in a paragraph in a June issue of the "Deccan Times" affected the reputation of no less a personage than the Nawab Fateh Nawaz Jung, a very careful enquiry into the matter was ordered: that is what the Resolution gives us to understand to begin with. Then the document goes ou to give us an idea of the manner in which Colonel Ludlow set to work to find out the truth-never making so much as a passing allusion to the fact that the Nawab Akber Jung was associated with Colonel Ludlow in the earlier stages of the enquiry, and he had subsequently, for some unknown reason, to sever his connection and leave the inquiry solely in the hands of the Colonel who could never be so useful as himself and tells what tremendous success crowned his efforts, where he located malice and intrigue, what satisfaction the results of the inquiry have given His Highness the Nizam and how those who deserved punishment have been punished. The Resolution is, on the whole, a remarkable document--the ring of jubiliation it has about it is as remarkable as the punishments awarded to Maulvi Syed Abu Torab for interfering in the interests of his niece,


text: The Farm and Fruit of Old

title: The Farm and Fruit of Old


text: The Farm and Fruit of Old/Preface

title: The Farm and Fruit of Old/Preface


text: The Farm and Fruit of Old/Book the First


text: The Farm and Fruit of Old/Book the Second


text: The Farm and Fruit of Old/Advert

title: The Farm and Fruit of Old/Advert


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 INAUGURAL ADDRESS BY THE PRESIDENT,

F I understand aright the duty which devolves upon me to-night in the position with which you have honoured me, I have two things to do. The first is to explain, at some greater length than has been done hitherto, the objects which the promoters have had in view in seeking to establish the Straits Asiatic Society, and the second is to point out the means by which it is hoped these objects may be attained.

The primary object of the Society, as defined in the Rules, is "to investigate subjects connected with the Straits of Malacca and the neighbouring countries." The expression "neighbouring countries" was selected as being a wide and comprehensive term, in order that the Society might feel as little restricted as possible in accepting communications respecting any part of Southern and Eastern Asia. But no doubt the attention of the Society will be chiefly concentrated upon the Peninsula of Malacca, as far North as the Tenasserim Provinces, and the great Indian Archipelago, that wonderful chain of Equatorial Islands stretching from Sumatra on the West to New Guinea of the East. Science is greatly in want of some general term to describe this great portion of the earth's surface, including both the continental and the insular divisions of it. For, though the different parts of it vary from one another in a great many particulars, yet they are in no slight degree homogeneous, and it would be a great convenience to be able to speak of them all under one common name. Several have been suggested, and of them all I prefer the name Malaya,' as being at once the most simple, and the most intelligible. For throughout this whole wide-spread district, the language spoken is either Malay or some closely allied form of speech; and Malay itself is to a very great extent the lingua franca—the common medium of commu-


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 nication for business purposes between the inhabitants of different races.

This 'Malaya' then (if I may, at least on this occasion, use the word) being our fiell, we have to consider what work has been already done in it, and what remains to be done.

And in speaking of work already accomplished, I must hasten to do honour to one great name, which such a Society as this must always hold in the greatest respect—it is almost needless to say I mean the name of J. R. Logan. No doubt there were great men who came before him here; men who were possessed of scientific knowledge, and patient observation, and intellectual power, and who brought these great gifts to bear upon the manifold wonders which nature has accumulated in this part of the world; and in their writings gave to their own time, and to posterity, the benefit of their labour and research. Mr. Logan had his predecessors, "Vixêre fortes ante Agamemnona multi," and we have not to lament with the poet, at least in the case of all of them, that they lie overshadowed by the long night of oblivion, nuwept and unknown. Marsden, Leyden, Raffles, Newbold, not to mention Portuguese and Dutch travellers who came before them, will ever he illustrious names in the history of these countries. But to Mr. Logan belongs the special honour of having not only observed much, and thought much, and written much himself, but also of having associated together with himself other thinkers, and of having contrived a plan by which the knowledge acquired by some of his contemporaries and fellow residents in this Colony, and in the neighbouring Settlements, might be recorded and published. This was, as you know, by means of the "Journal of the Indian Archipelago." The town of Penang justly boasts of its handsome memorial of this remarkable man; but the most enduring and the most worthy monument of him is his own Journal, of which for 15 years, from 1847 to 1862, he was the Editor, and to the papers of which he was also the principal contributor. If there is any member of this Society who has not yet done so, I would recommend him to read the introductory article in the first number, from Mr. Logan's own pen, upon "The present condition of the Indian Archipelago." I think he cannot fail to rise from the perusal of it full of admiration of the genius and culture of the


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 author, and also impressed with a very deep sense of the importance of those great problems which are presented here to the student, and the merchant, to the politician, and the philanthropist.

The establishment of such a journal in a young Colony, such as the Straits Settlements was in the year 1847, was a bold enterprise for a single individual to undertake. But Mr. Logan was very ably supported. It is surprising, and most encouraging, to find how much of local talent and information came to light, as soon as he had provided the opportunity for it to do so. It was evidently a time of great scientific power, and of much literary activity in the Siraits. Contributors from all classes came forward. There was the Governor of the Straits for the time being, and other Government officers. There were Ecclesiastics, including Clergymen of the Church of England, Roman Catholic Priests, and Ministers of various Protestant communions. There were Military men and Naval men. There were Lawyers and Doctors, Merchants and Planters. There were Frenchmen and Germans, Dutchmen and Swiss, and, I am pleased to add, as a promise for the future, one Chinaman. Of these only too many have passed away. Some are bringing their lives to a close elsewhere. Some remain among us, and have given the prestige of their names to this new undertaking, and will, we may hope, contribute to the publications of our Society some of the stores of knowledge and experience which they have been gathering since the old days. Some are represented by their descendants, as in the case of the leader and chief of them all, whose sou, Mr. D. Logan, you have elected to be the Vice-President of the Society in Penang.

And before bringing this reference to Mr. Logan's coadjutors to an end, I cannot help remarking with great pleasure, that in the list of them are to be found, not only the names of those whose connection with these countries was more or less temporary, but also of some, who, for generations, have made their family home here. When I come across such names as Baumgarten, and Neubronner, and Westerhout in connection with the advancement of science in the Straits, I cannot help hoping that some of those who bear those names, and other like names, in the present generation, may be stirred up by the example of those who have gone before them, to use the great advantages they have, such as their familiarity with the language of the place, and their inherited power of enduring its climate, in seeking knowledge for its own sake, not merely for the purpose of applying it to their own personal and material benefit, but in order to contribute something to the common stock.


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 The work done by Mr. Logan and the gentlemen who were associated with him covers a great deal of ground. There are some very valuable papers upon the Geography both of Malaya as a whole, and of various portions of it; as well as most interesting accounts of tours undertaken by individuals, in which Geographical notes are interspersed among other facts which the tourist observed and recorded. There is some Geological information and some account of the Mineral treasures of the district, both those that are known aud those that are supposed to exist. There are useful notices of the Natural Products, and of the Modes of Agriculture, especially of the methods of treating the most important articles of commerce. The science of Ethnology is largely dealt with by Mr. Logan himself, and his papers upon the various aboriginal races will probably continue to be the most reliable authority upon the subject of these races, which are, as usual, fast disappearing as civilization spreads inland. A great deal of information is supplied concerning the Languages and Dialects of the numerous nations living within the district; with copious vocabularies, forming a very substantial contribution to the science of Comparative Philology. Then there are chapters of History both of the European Colonies, and of the Native States. There are examples and translations of Native Literature, amongst which I must mention a most interesting abstract of the "Sejâra Malayu," or Malay Annals, by the present Attorney-General, the Hon'ble Thomas Braddell, which puts that curious piece of Malayan antiquities and history within the reach of the English reader. There are papers upon questions affecting Health, such as Dr. Little's discussions of the effects of opium, and of the causes of the local forms of fever. And, lastly, there is a large collection of statistical information upon the subjects of Population, Trade, Weather, and Temperature.

I have not touched upon a great many of subjects that are discussed in this Journal, such for instance as Natural History, upon every department of which attention was bestowed by some one or other of the writers; but I think I have said enough to shew that, even during Mr. Logan's time, a great deal of knowledge was acquired and preserved. Much, too, has been done subsequently by Government Officers, by private individuals, and by distinguished travellers such as Wallace and others. In fact what is known of South-Eastern Asia only appears small, when it is compared with what remains yet unknown. That residuum is indeed vast, and it is for the purpose of endeavouring to diminish it, that the Straits Asiatic Society has come into existence.


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160 Lady Salar Jung II, and Mrs. Barrillan, governess to the daughter of the late Nawab Muneerul Mulk, for doing what she thought was her duty. The one is dismissed from the service; and the other is forbidden to enter the Salar Jung palace, or hold any sort of communication with the members of the family for six months. Verily troubles are the portion of the "dutiful.”

The original of the report of the Salar Jung Debt Commission which was said to be missing when Mukund Rao as well as Jaya Rao applied for a copy of it-seems to have since been found, I am told that Mr. Gaya Prasad has been furnished with a copy of the report by the Home Secretary. If this is true, what objection could there be to furnishing Messrs. Jaya Rao and Mukund Rao with copies of the same.

About six months ago a lady named Mrs. Giaccino appealed to Sir Asmanjah for permission to float a lottery. In reply she was informed by His Excelleuy's Private Secretary Mr. Furdon- ji, that no permission was necessary for the purpose. As there was nothing in this to prevent her from carrying out her wishes, Mrs. Giaccino set the lottery afloat and has since sold, I am informed, about 1,500 tickets. In doing this, Mrs. Giaccino does not seem to have done anything wrong. But our Home Secretary, the Nawab Fatch Nawaz Juug, is not of the same opinion. He has issued an order to the lady to stop the lottery. The reasons, of course, are not forthcoming. The suddenness of this order is most astonishing. If Mr. Furdonji was wrong in saying that no permission was necessary, the Nawab Mehdi Hussain could have written to say so and stopped the lottery long before this, and thus provided against the loss Mrs. Giaccino would sustain now. Surely the fact of the lottery having been floated was not kept a secret. It was advertised for a month nearly in the columns of the "Deccan Standard," the Government organ; and, if I am rightly informed Mrs. Medhi Hussain was among the first to buy some tickets. Why this sleeping over the fact for about six months and waking to it


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 It will be impossible for me to do more than just glance at some few of the subjects upon which additional knowledge is urgently required, and may be reasonably hoped for. Let us begin with Geography. Now, I need say nothing to this meeting about the almost total ignorance in which we live of some of the more distant and inaccessible portions of the great extent of land about which this Society proposes to collect and publish information. I need not remind you how completely New Guinea is a "terra incognita," or even of how little is known of the interior of Borneo and Sumatra. Let us look nearer home. It would probably astonish some people to learn how extremely little accurate knowledge we possess even of the Malay Peninsula itself. Fortunately we have before us what will give us a very clear understanding of the limits of our acquaintance with this region, which lies at our very doors. The uncompleted map which is displayed on this wall, is one that is now being carefully prepared under the able direction of Mr. Skinner. I hope when these remarks of mine are concluded, that Mr. Skinner will himself correct me if, in the few words I have to say upon his important work, I unintentionally convey a wrong impression; and that he will give us any additional information respecting it, which he may think it desirable to communicate now. And I may mention that he has promised the Council of the Society a paper upon the subject, in which he will no doubt state very much more clearly than I could do, what is the present condition of our knowledge of the Geography of the Peninsula.

But I will ask you now to look at that map: observe the immense spaces which are entirely blank, or have merely the name of the native Government to which they are supposed to be attached written across them, such as Kelantan, Patani, Tringganu; and compare them with the few districts, almost entirely on the Western Coast, in which the mountains are sketched in, the course of the rivers traced, and the names of towns and villages inserted. Does it not remind some of us of what the map of Africa used to look like in our school days, before the discoveries of Livingstone and his successors? Yet it is not of a vast continent like Africa, upwards of 2,000 miles in breadth, that we are speaking, but of a narrow peninsula which, at its greatest breadth, only extends to about 200 miles, from the Straits of Malacca to the China Sea. This Peninsula has been known to Europeans for just 370 years, and that map shews you all, or almost all, that Europeans have learned about its geography in that time. But the map is also a sign that a great effort is being made to bring this state of ignorance to an end. It is, as you see,


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 little more than a skeleton map at present, drawn to a large scale, but it is getting gradually filled up as information comes in.

And information does come from many sources. The other day I saw a map which had been sent in by the Siamese Government, which I considered a great curiosity, so much so that I hope it may be exhibited in the Raffles Muscum. This was to show an important piece of boundary line far up in the north, Then there is another map being made by the Maharaja of Johor in the south. Trained surveyors are clearing up old puzzles in various parts between these extremes. And every officer in the English Colonies, or in the Native States, who is called by duty or curiosity to travel beyond the limits of the well known and well surveyed districts, has an opportunity of adding something to the knowledge of the country which is already possessed. All new facts, thus acquired by officials or private individuals, are made known to the Government here, and, after being verified as far as possible by comparison with existing data, are recorded on the map. So that there is reason to expect that those great blank spaces will be filled up in time.

And think of what we know those great blanks must mean. We know there are great mountain ranges, the back-bone of the Peninsula, clothed with all the diversities of vegetable life, which the lowered temperature of elevated lands in the tropics makes possible. Then there must be a great water system, carrying off the moisture deposited on the high lands through the plains below. One of the latest discoveries is, that the great river Pahang, running up from the south, is but a branch of a much larger stream running from the north, and uniting itself with the Pahang at upwards of one hundred miles from its mouth.

In the dense Equatorial forests, which cover the greater part of these hill-sides and plains, forests, which are now only entered here and there by a few individual natives, to cut down the gutta producing trees, or to collect the few other natural products, of which the commercial value is known to them, and perhaps by charcoal burners for the purpose of turning some small portion of those glorious forests into portable fuel, what a hoard of wealth there is for the Botanist and the Naturalist; and what splendid possibilities for the Planter and the Merchant. Mr. Wallace tells us that, during the six years he was collecting in these latitudes, his Natural History specimens reached the enormous number of 125,660, of which a very large proportion were entirely new to Science. With such an example as that in view, it is not easy to over-estimate the gains to every branclı of natural science, that might be expected from a thorough


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161 suddenly? It is enough to alarm any citizen-and to make one think that safety of property is not assured by the Mustak Hussain Government. Mrs. Giaccino has spent a lot of money over advertising and other things in connection with the lottery: and I hear, that she has engaged Mr. Battenburgh to sne the Nizam's Government for damages to the extent of Rs. 4,000.