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 “Father!”—cried the latter, and desperation almost deprived him of speech. He withdrew quickly, but in a few moments was equipped for the chase with his father-in-law, and followed the Commissary to the forest.”

The old Forester sought to conceal his uneasiness, but strove in vain to bear an untroubled mien. Kate was also restless, and wandered to and fro at home. She enquired of her father “whether it were not possible to omit the Trial-shot?” “Would that it were!”—said he, and embraced her in silence.

At last the minister arrived, wishing peace to all; he reminded the bride of her wreath. Mother Anne had procured it, but in the midst of their bustle, had mislaid the box. A child was immediately despatched to a shop, to bring another wreath for the bride. “Bring the prettiest”—cried mother Anne to the child; but the latter, in its innocence, asked for the most glittering, and the shop-mistress, in construing its meaning, gave it a virgin’s funeral-wreath of myrtle and of rosemary entwined with silver. Both mother and bride saw the hidden meaning of the mischance; each shuddered, and embracing each other, sought to forget their terror in smiling at the child’s mistake. The box was again sent back; it opened easily, the contents had been exchanged, and the bridal-wreath was bound on Kate’s fair tresses.

The hunting party returned. The Commissary was extravagant in Wilhelm’s praise. “It seems to me absurd”—said this umpire—“to desire a further trial after so many proofs of skill. Nevertheless, to honour an old law, we must for once do that which is unnecessary; therefore, the quicker done the better. On yonder pillar sits a dove, shoot it.”

“For God’s sake!”—cried Kate, hastening thither—“Wilhelm, do not shoot. Ah, I dreamt last night that I was a white dove, and that they put a ring about my neck; you entered, and my mother was covered with blood.”

Wilhelm drew back his gun already pointed, but the Commissary smiled. “Ha, ha!”—said he—“so frightened, this will not do for a hunter-maiden: take heart, take heart, little bride! or is the dove mayhap your pet?”

“No”—answered she—“I only feel so sad.”

“Now then”—cried the Commissary—“courage, Sir Forester, and fire!”

He fired, and at the same moment, uttering a loud shriek, Kate fell to the earth.

“Extraordinary girl”—cried the Chief, and raised Kate up, but a stream of blood poured over her face: her brow was shattered, and a rifle bullet lay in the wound.

“What is’t?”—exclaimed Wilhelm, as a loud cry arose behind him. Looking back he saw Kate bleeding in the pallor of death. Beside her stood he of the wooden leg, who, with hellish laughter, grinned out—“Sixty achieve, three deceive!”

Wilhelm drew his hanger from its sheath, and struck at the Accursed One. “Deceiver!”—shrieked he, madly—“is’t thus thou mockest me?” More he could not utter, but sank senseless to the ground beside his bleeding bride.

In vain sought the good Pastor and the Commissary to comfort the aged pair. Mother Anne had scarcely on the breast of the virgin’s corse laid the prophetic funeral wreath, ere she poured out her last last tears in ineffectual grief. The lonely father followed soon their path. And in a madhouse, closed the days of Wilhelm!

From this interesting tale, Kind has built up his admirably dramatic plot, embodying all the main incidents provided here. According to him, however, the traffic with the Power of Evil is entered into by one Caspar, comrade and disappointed rival of Max (the Wilhelm of the tale). This Caspar entraps his fellow hunter into the forest at night, but thinks that the mere presence of the latter at such an unhallowed ceremony will place him and his bride within the power of the Fiend. Caspar, under this impression, cast the bullets himself. Max uses the last (the Devil’s bullet) at the Trial-shot, but Agáthe his bride is protected from ill by a wreath of sacred roses, given her by an aged Hermit: the Evil One directs the bullet fired by Max to the heart of Caspar, who formally had entered into a compact with him; Caspar expires in agonies of body and soul. The repentant Max confesses his weakness and his guilt; his Prince would banish him, but after passing a year of atonement ordained by the Hermit, he is united to his beloved Agáthe, and the custom of the Trial-shot, which had induced so much of evil, is abolished.

The direct meaning of the word Freischütz, Free-shot, will be found explained at page 10 of the original edition of Apel’s tale. He describes it as a shot fired with aid of magic and devilry, which, whether it be truly aimed or no, must always hit its mark. Gipsies under the Roman Emperors, and also under Sigismund King of Hungary, in the year 1423, were granted “Free charters for shooting.” Whether the word “Free-corps,”—that is, one of free will, or free of constraint,—had its origin exactly thence, remains unknown. Single soldiers became from this intituled “Free-hunters” (“Frei-Jäger”); and in many places brigands and mountain robbers were called “Free-shooters” (“Frei-Schützen”). Regarding the point in an historical light we may remark, that Charles the Seventh, as early as the year 1448, organized a body of “Franc Archers” (“Free Archers”); but Louis the Ninth, who for a time deprived them of their freedom, restored it, and in 1481 gave the name to the Swiss Guard in his pay. The magic power of the “free-shot” was well known in the year 1429, when the Maid of Orleans first appeared; and Shakspeare, in the first part of his “Henry IV.,” does not stint his allusions to the various magic arts and wondrous shots achieved by hell’s assistance, attributed to the very Joan herself. Klingemann, in his “Art and Nature,” asserts that—“Formerly there were a set of these wild fellows, Free-shooters (in the sense of the Opera), in Zurich. They stepped forward during the fifteenth century, and freed themselves from regular service-ship along with the citizens, and as “free-shooters” became even bolder than the hardy mountaineers themselves. At last they were disbanded, in 1764.

Furthermore, in exemplification of these credences, we can refer our readers to the “Versuch einer Geschichte der Hexenprocesse,” by Joh: Mor: Schwager, vol. i.; also to the tract by Eberhard Gockelius “von dem Beschwören und Verzaubern,” p. 75; to the “Bedenken von der Zauberei;” and to Balrassor’s “Ehre von Krain” (i. 676).

The next point of interest which we come upon in the Legend is that of the “Wild chase:” the origin of this may be likewise traced back to the writers of antiquity; for M: T: Cicero tells us that “the goddess Fauna was wont to rush over and through the neighbouring meadows and woodland with mysterious uproar, accompanied by a mighty clatter of arms, spreading mischief and danger around.” The tales of wonder, monsters and apparitions pertaining to woods and forests, during the Middle Ages are well known; we can principally call to mind St: Hubert, the holy Genoveva, the Emperor Maximilian, “Friedrich des Weisen” and the “Dame am Brunnen,” the Horn of Oldenburg, and the testimony of many Hermits who asserted that they had been nourished and fed by ravens and forest animals. Coming down to subsequent years we can call to mind the Wild Host and its Rh


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   much benevolence as mockery. By this time his costume has become a part of his personality; one has come to think of the reddish brown Jaeger suit as if it were a sort of reddish brown fur, and were, like the hair and eyebrows, a part of the animal; yet there are those who claim to remember a Bernard Shaw of yet more awful aspect before Jaeger came to his assistance; a Bernard Shaw in a dilapidated frock-coat and some sort of straw hat. I can hardly believe it; the man is so much of a piece, and must always have dressed appropriately. In any case his brown woollen clothes, at once artistic and hygienic, completed the appeal for which he stood; which might be defined as an eccentric healthy-mindedness. But something of the vagueness and equivocation of his first fame is probably due to the different functions which he performed in the contemporary world of art.

He began by writing novels. They are not much read, and indeed not imperatively worth reading, with the one exception of the crude and magnificent Cashel Byron's Profession. Mr. William Archer, in the course of his kindly efforts on behalf of his young Irish friend, sent this book to Samoa, for the opinion of the most elvish and yet efficient


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   of modern critics. Stevenson summed up much of Shaw even from that fragment when he spoke of a romantic griffin roaring with laughter at the nature of his own quest. He also added the not wholly unjustified postscript: "I say, Archer,—my God, what women!"

The fiction was largely dropped; but when he began work he felt his way by the avenues of three arts. He was an art critic, a dramatic critic, and a musical critic; and in all three, it need hardly be said, he fought for the newest style and the most revolutionary school. He wrote on all these as he would have written on anything; but it was, I fancy, about the music that he cared most.

It may often be remarked that mathematicians love and understand music more than they love or understand poetry. Bernard Shaw is in much the same condition; indeed, in attempting to do justice to Shakespeare's poetry, he always calls it "word music." It is not difficult to explain this special attachment of the mere logician to music. The logician, like every other man on earth, must have sentiment and romance in his existence; in every man's life, indeed, which can be called a life at all, sentiment is the most solid thing.


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Cherokee Nation v. Southern Kansas Railway Co.

The act of Congress of July 4, 1884, 23 Stat. 73, c. 179, granting a right of way through the Indian Territory to the Southern Kansas Railway Company, for a railroad, telegraph and telephone line, is a valid exercise of the power of Congress to regulate commerce among the several States and with the Indian tribes.

The Cherokee Nation filed in the court below a bill of complaint, seeking a decree enjoining the Southern Kansas Railway Company from entering upon the lands of that nation for the purpose of constructing its proposed railway, and, if that relief could not be granted, then that its bill might be treated as an original complaint and petition in appeal as provided in § 3, c. 179, act of July 4, 1884, 23 Stat. 73: Held,

(1) That these two causes of action, one of an equitable and the other of a legal nature, could not be joined in the same suit;

(2) That the court below erred in not treating the complaint as a petition of appeal which entitled the petitioners to have a trial de novo of the question of damages for the lands and rights proposed to be taken.

The Cherokee Nation is not sovereign in the sense that the United States or a State is sovereign, but is now, as heretofore, a dependent political community, subject to the paramount authority of the United States.

The United States may exercise the right of eminent domain in respect to lands in the Territories, as in any of the States, for purposes necessary to the execution of the powers belonging to the General Government, such an exercise being essential to their independent existence and perpetuity.

All lands held by private persons within the limits of the United States are held subject to the authority of the General Government to take them for such objects as are germane to the execution of the powers granted to it, provided only that they are not taken without just compensation being made to the owner.

In the execution of the power to regulate commerce Congress may employ, as instrumentalities, corporations created by it or by the States.

A railroad is a public highway, established primarily for the convenience of the people, and to subserve public ends, and is subject to governmental control and regulation; and for these reasons the corporation owning [p642] it may, under legislative sanction, take private property for a right of way, upon making just compensation to the owner.

The act granting a right of way to the Southern Kansas Railway Company through the Indian Territory authorized the company to enter upon the lands taken for right of way after it should have paid into court double the amount of the award of the referees appointed by the President: Held, that this was a sufficient provision to secure just compensation; that the Constitution does not require that compensation shall be made in advance of the appropriation of lands for a right of way; that it is sufficient if adequate provision be made to secure just compensation; that the title does not pass from the owner till such compensation is actually received; and that if the railway company fails to pay the amount ascertained it will thereafter be a trespasser, although before the termination of the proceedings instituted to ixs the compensation, it may have rightfully entered upon the lands for the purpose of constructing its road.

In equity. The case is stated in the opinion.

Mr. J.F. McDonald and Mr. John C. Fay (with whom was Mr. R.J. Bright on the brief) for appellant.

Mr. George B. Peck and Mr. A.B. Browne (with whom was Mr. A.T. Britton on the brief) for appellee.


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]

During the first period in the above table, the total consumption remains nearly the same, showing only a very slight increase. With the lowering of the duty, the increase is so rapid, that in the fourth year of the second period it is more than doubled, and more revenue is secured at half the former rates of duty. It will be observed that still the former proportions of differential duties on East India and foreign coffee were retained during this period, and that, in consequence, the consumption of those kinds (especially of foreign, still subject to a very high duty) did not materially increase. From 1830 for several years the consumption remained nearly stationary, until we arrived at the third period when the differential duty was repealed in East India, and practically greatly reduced on foreign growth; and from this period another great and rapid increase of consumption took place. The law by which foreign coffee was admitted at the duty of 9d. if shipped from the Cape, or British possessions eastward thereof, did not operate materially till 1838; and then it will be seen how rapidly the supply of that description and the general consumption increased. Under this change the revenue increased about thirty-five per cent. in two years.

In further illustration of this principle. The duty on coffee was again reduced by the tariff of last year; and the quantity consumed increased on that of the previous year, while the consumption of sugar and all other leading articles was materially reduced. Indeed, the loss of revenue last year was less on coffee, with a reduction of thirty-three per cent. of duty on colonial (from 6d. to 4d.), and practically twenty-five per cent. (from 10d.—including 1d. for extra freight—to 8d.) on that of foreign growth, than occurred on sugar, the duty of which was not reduced at all.

We are not aware of one reason which could induce under the same circumstances in every respect an extended consumption of coffee, that would not in all and every way apply to sugar; but we can enumerate many most important ways in which the consumption of sugar should be increased, not applicable to coffee. It is much used for the food of infants; and if cheap, for this purpose alone medical men consider it would be an incalculable blessing to the poor; it is used largely in cooking, in preserving, in confectionery, &c.; and another reason for a great increase of sugar during the period alluded to, would be, that independent of the enormous increase of the consumption of coffee, the consumption of tea has also increased from 23,784,838 lbs. in 1821, to 32,252,628 lbs. in 1840. For our present purpose of comparison, two lines will dispose of the slavery argument: if it applies at all, it does as much to coffee as sugar; and indeed more, for if our purpose be to coerce the Brazilians into our views, then to them coffee is important article of growth than sugar: and god, silver, and copper apply as much as sugar can to the argument, both in Brazil and Cuba. With all these advantages, let us examine how this has proceeded during this period. In 1821 the duty on sugar was—

In 1824 Huskisson was given to understand that he must not touch sugar; in 1830 the West India duty was reduced to 24s., the East India to 32s.; which was just so much more put into the pockets of the producers as long as the 63s. on foreign sugar was continued. In


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RV 414 (CANTO II.])


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12 China, which does not discharge its pollen till considerably after the opening of the flower, and which never fructifies in this country. But a more striking instance is found in the "allspice tree," the Chimonanthus fragrans, or Calycanthus præcox of gardeners, a native of Japan, which,

flowering soon after Christmas, has yet the most perfect contrivance to prevent self-fertilisation (Fig. C). In a manner very similar to that which has been described in the case of Parnassia palustris the stamens, at first nearly horizontal, afterwards lengthen out, and rising up perpendicularly, completely cover up the pistil, and then discharge their pollen outwardly, so that none can possibly fall on the stigma. As a necessary consequence, fruit is never produced in this country; but may we not conjecture that in its native climate the Chimonanthus is

abundantly cross-fertilised by the agency of insects, attracted by its delicious scent, in a similar manner to our Grass of Parnassus?

The description detailed above cannot of course apply to those winter-flowering plants in which the male and female organs are produced on different flowers; but here we find commonly another provision for ensuring fertilisation. In the case of the hazel-nut the female flowers number from two to eight or ten in a bunch, each flower containing only a single ovule destined to ripen. To each bunch of female flowers belongs at least one catkin (often two or three) of male flowers, consisting of from 90 to 120 flowers, and each flower, containing from three to eight anthers. The pollen is not discharged till the stigmas are fully developed, and the number of pollen-grains must be many thousand times in excess of what would be required were each grain to take effect. The arrangement in catkins also favours the scattering of the pollen by the least breath of wind, the reason probably why so many of the timber-trees in temperate climates, many of them flowering very many of them early in the season, have their male inflorescence in this form.

The Euphorbias or spurges have flowers structurally unisexual, but which, for physiological purposes, may be regarded as bisexual, a single female being enclosed along with a large number of male flowers in a common envelope of involucral glands. Two species are commonly found flowering in the winter, and producing abundance of capsules, E. peplus and helioscopia. In both these species the pistil makes its appearance above the involucral glands considerably earlier than the bulk of the stamens (Fig. D).

A single one, however, of these latter organs was observed to protrude beyond the glands simultaneously, or nearly so, with the pistil, and to discharge its pollen freely on the stigmas, thus illustrating a kind of quasi-self-fertilisation. The remaining stamens do not discharge their pollen till a considerably later period, after the capsule belonging to the same set has attained a considerable size. In E. helioscopia the capsules are always entirely included within the cup-shaped bracts, and the stigmas are turned up at the extremity so as to receive the pollen freely from their own stamens. Now contrast with this the structure of E. amygdaloides, which does not flower before April (Fig. E). The heads of flowers which first open are entirely male, containing no female flower; in the hermaphrodite heads, which open subsequently, the stigmas are completely

exposed beyond the involucral glands long before any stamens protrude from the same glands. Here, therefore, complete cross-fertilisation takes place, the pollen from

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 its billows against the rugged shores. At the summit is an aggregation of angular fragments, the termination of an elevated ridge, and midway down is a green slope, horizontally traversed by several paths formed by the sheep, which at all seasons, but especially in spring, are fond of rambling among the crags, in search of fresh pasturage. The declivity terminates on the sinuous and angular edge of precipices several hundred feet in height, near the upper part of which a pair of White-tailed Eagles have fixed their abode, while the crevices are here and there peopled by starlings. The shelves of those rocks are totally inaccessible by ordinary means, although an adventurous shepherd or farmer sometimes descends on a rope held by half a-dozen people above, to destroy an eagle's nest, or rescue a sheep which has leaped upon some grassy spot, and is unable to reascend; but on one side, by a steep and slippery descent in a fissure, one may penetrate to the base, where he discovers a hole in the rock barely large enough to admit him on his hands and knees. This hole is the entrance of a narrow passage in a crevice roofed with fallen blocks. On one hand is a recess, in which a person might recline at full length, and which was actually employed as a bed by Mr. Macleod, of Berneray, after the battle of Culloden; and se few yards farther, the crevice opens into an irregular cave communicating seaward with the open air, and formed by a rent in the rock, filled above with large blocks that seem ready to fall. The heavy surges of the Atlantic continually dash against a heap of stones, which partially block up the mouth of the cave. On this heap the Crested Cormorants nightly repose, and in summer rear their young. The little shelves and angular recesses of the roof and upper parts of the cavern are tenanted by pigeons, the light blue of whose plumage has a beautiful appearance, relieved as they are by the dark ground of the moist rocks, and the soft murmur of whose notes comes upon the car with a pleasing though melancholy effect. There, and in other places of a similar nature, have I watched these beautiful birds, until I rendered myself in some mensure familiar with their habits; and amid such wild and desolate scenes have I loved to wander and indulge in the not less wild imaginings of a spirit that desired to hold converse with the unseen but ever present Spirit of the universe.

"At early dawn the pigeons may be seen issuing from these retreats in straggling parties, which soon take a determinate direction, and meeting with others by the way, proceed in a loose body along the shores until they reach the cultivated parts of the country, where they settle in large flocks, diligently seeking for grains of barley and oats, pods of the charlock, seeds of the wild mustard, polygone, and other plants, together with several species of small shell-snails, especially Helix ericetorum and Bulimus acutus, which abound in the sandy pastures. When they have young, they necessarily make several trips in the course of the day; but from the end of autumn to the beginning of summer they continue all day in the fields. In winter they collect into flocks, sometimes composed of several hundred individuals; and, as at this season they are anxious to make the best use of the short period of daylight, they may easily be approrched by a person acquainted


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it came to the edge of the Forest the stream had grown up, so that it was almost a river, and, being grown-up, it did not run and jump and sparkle along as it used to do when it was younger, but moved more slowly. For it knew now where it was going, and it said to itself, “There is no hurry. We shall get there some day.” But all the little streams higher up in the Forest went this way and that, quickly, eagerly, having so much to find out before it was too late.

There was a broad track, almost as broad as a road, leading from the Outland to the Forest, but before it could come to the Forest, it had to cross this river. So, where it crossed, there was a wooden bridge, almost as broad as a road, with wooden rails on each side of it. Christopher Robin could just get his chin to the top rail, if he wanted to, but it was


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 “Mine’s a sort of greyish one,” said Piglet, not daring to lean too far over in case he fell in.

“Yes, that’s what I can see. It’s coming over on to my side.”

Rabbit leant over further than ever, looking for his, and Roo wriggled up and down, calling out “Come on, stick! Stick, stick, stick!” and Piglet got very excited because his was the only one which had been seen, and that meant that he was winning.

“It’s coming!” said Pooh.


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Cherokee Nation v. Southern Kansas Railway Co./Opinion of the Court

delivered the opinion of the court.

This is an appeal from a decree of the District Court of the United States for the Western District of Arkansas. The litigation between the parties arises out of an act of Congress, approved July 4, 1884, en titled "An act to grant the right of way through the Indian Territory to the Southern Kansas Railway Company, and for other purposes." 23 Stat. 73. By the first section of that act the above company was authorized to locate, construct, operate, and maintain a railway, telegraph, and telephone line, through the Indian Territory, beginning at a pointon the northern line of the territory, where an extension of the Southern Kansas Railway from Winfield in a southerly direction would strike that line, running thence south in the direction of Dennison, Texas, on the most practicable route, to a point at or near where the Washita river empties into the Red River, with a branch constructed [p643] from a point at or near where the main line crosses the northern line of the Territory, westwardly along or near that line to a point at or near where Medicine Lodge creek crosses the northern line of the territory, and from that point in a southwesterly direction, crossing Beaver Creek at or near Camp Supply, and reaching the west line of the Indian Territory at or near where Wolf Creek crosses the same, with the right to construct, use, and maintain such tracks, turn-outs, and sidings as the company might deem it to their interest to construct along and upon the right of way and depot grounds by that act granted. The second section grants to the company a right of way of a prescribed width through the territory for its main line and branch road, stations, and telegraph and telephone lines, subject to the condition that no part of the lands granted shall be used otherwise than for the company's railroad, telegraph, and telephone lines, and that, if any portion ceases to be so used, it shall revert to the nation or tribe of Indians from which it was taken.

The third section, upon which some of the principal questions in the case depend, is in these words:

". 3. That, before said railway shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian nations or tribes through which it may be constructed, full compensation shall be made to such occupants for all property to be taken, or damage done, by reason of the construction of such railway. In case of failure to make amicable settlement with any occupant, such compensation shall be determined by the appraisement of three disinterested referees, to be appointed by the president, who, before entering upon the duties of their appointment, shall take and subscribe, before competent authority, an oath that they will faithfully and impartially discharge the duties of their appointment, which oath, duly certified, shall be returned with their, a ward. In case the referees cannot agree, then any two of them are authorized to make the award. Either party being dissatisfied with the finding of the referees shall have the right, within ninety days after the making of the award and notice of the same, to appeal by [p644] original petition to the courts, where the case shall be tried de novo. When proceedings have been commenced in court, the railway company shall pay double the amount of the award into court to abide the judgment thereof, and then have the right to enter upon the property sought to be condemned, and proceed with the construction of the railroad. Each of said referees shall receive for their services the sum of four dollars per day for each day they are engaged in the trial of any case submitted to them under this act, with mileage at five cents per mile. Witnesses shall receive the usual fees allowed by the courts of said nations, costs, including compensation of the referees, shall be made a part of the award, and be paid by such railroad company."

The fifth, sixth, and eighth sections are as follows:

". 5. That said railway company shall pay to the Secretary of the Interior, for the benefit of the particular nations or tribes through whose lands said main line and branch may be located, the sum of fifty dollars, in addition to compensation provided for in this act, for property taken and damages done by the construction of the railway, for each mile of railway that it may construct in said Territory, said payments to be made in installments of five hundred dollars as each ten miles of road is graded. Said company shall also pay, so long as said Territory is owned and occupied by the Indians, to the secretary of the interior, the sum of fifteen dollars per annum for each mile of railway it shall construct in the said Territory. The money paid to the Secretary of the Interior, under the provisions of this act shall be apportioned by him in accordance with the laws and treaties now in force, among the different nations and tribes, according to the number of miles of railway that may be constructed by said railway company through their lands: Provided, That Congress shall have the right, so long as said lands are occupied and possessed by said nations and tribes, to impose such additional taxes upon said railroad as it may deem just and proper for their benefit: Provided further, that, if the general counsel [council] of either of the nations or tribes through whose lands said railway may be located shall within four months [p645] after the filing of maps of definite location, as set forth in section six of this act, dissent from the allowances provided for in this section, and shall certify the same to the Secretary of the Interior, then all compensation to be paid to such dissenting nation or tribe under the provisions of this act shall be determined as provided in section three for the determination of the compensation to be paid to the individual occupant of lands, with the right of appeal to the courts upon the same terms, conditions, and requirements as therein provided: Provided further, that the amount awarded or adjudged to be paid by said railway company for said dissenting nation or tribe shall be in lieu of the compensation that said nation or tribe would be entitled to receive under the provisions of this section. Nothing in this act shall be construed to prohibit Congress from imposing taxes upon said railway, nor any Territory or State hereafter formed, through which said railway shall have been established, from exercising the like power as to such part of said railway as may lie within its limits. Said railway company shall have the right to survey and locate its railway immediately after the passage of this act.

". 6. That said company shall cause maps showing the route of its located lines through said Territory to be filed in the office of the Secretary of the Interior, and also to be filed in the office of the principal chief of each of the nations or tribes through whose lands said railway may be located; and, after the filing of said maps, no claim for a subsequent settlement and improvement upon the right of way shown by said maps shall be valid as against said company: Provided, That when a map showing any portion of said railway company's located line is filed as herein provided for, said company shall commence grading said located line within six months thereafter, or such location shall be void; and said location shall be approved by the Secretary of the Interior in sections of twenty-five miles before construction of any such section shall be begun."

". 8. That the United States Circuit and District Courts for the Northern District of Texas, the Western District of [p646] Arkansas, and the District of Kansas, and such other courts as may be authorized by congress, shall have, without reference to the amount in controversy, concurrent jurisdiction over all controversies arising between said Southern Kansas Railway Company and the nations and tribes through whose territory said railway shall be constructed. Said courts shall have like jurisdiction, without reference to the amount in controversy, over all controversies arising between the inhabitants of said nations or tribes and said railway company; and the civil jurisdiction of said courts is hereby extended within the limits of said Indian Territory, without distinction as to citizenship of the parties, so far as may be necessary to carry out the provisions of this act."

The Cherokee Nation having dissented from the allowance provided for in the fifth section of the above act, commissioners were appointed by the president, as provided in the third section. They met at Topeka, Kansas, on the 26th of August, 1886, and, having duly qualified according to law, proceeded to the Indian Territory in the discharge of their duties. Their report to the president, made September 25, 1886, states that they inspected the located line of road as it traversed the territory of the Cherokee Nation, with its branch, and that, upon an actual view of the lands proposed to be taken and appropriated for right of way, station grounds, etc., under the act of congress, they found that said Nation was entitled to receive as adequate compensation for such lands and for damages done by the construction of the railway, for thirty-five and one-half miles of the main line, the sum of $93 for each mile, aggregating for the whole distance $3301.50. They also found and awarded as adequate compensation and damages in respect to the lands to be taken and appropriated for the branch line, one hundred and twelve and $54/100$ miles in length, the sum of $36 for each mile, aggregating for the whole distance the sum of $4051.44. The commissioners ordered that the railway company, within 10 days after receiving notice from the secretary of the interior that their report was filed, should deposit with that officer the total amount of the awards made by them, for such disposition under the law [p647] and the order of the Secretary, as might be just and proper. This report having been filed in the office of the Secretary of the Interior, its contents were made known by that officer to the principal chief of the Cherokee Nation in a communication dated October 29, 1886.

The Cherokee Nation, by the act of its national council approved December 17, 1886, concurred in by its house December 16, 1886, dissented from and rejected as unjust, inequitable, and without authority of law, the award made by the commissioners.

The third, fourth, fifth, and eighth sections of that act are as follows:

"Sec. 3. That the Cherokee Nation does not concede to the United States the rightful power, through its constituted authorities, to authorize any private individual or corporation to enter upon, appropriate, and use any lands belonging to said nation without first obtaining the consent of the constituted authorities of said nation, and hereby protests against the action of said Southern Kansas Railway Company in entering upon and appropriating the lands of the Cherokee Nation as an arbitrary and unjust violation of the guarantied rights of said nation.

". 4. That the principal chief be, and he is hereby, authorized and empowered to proceed in pursuance of the provisions of the third and the eighth sections of said act of congress, and bring suit in the Circuit Court of the United States in and for the Western District of Arkansas against said Southern Kansas Railway Company, the object of said suit being to indicate the absolute title of the Cherokee Nation to all lands within her borders, and to obtain redress from said company for such damages as may have been sustained by said nation by means of the location and construction of said railroad: Provided, That nothing herein shall be construed as an acknowledgment by the Cherokee Nation of the right of the United States to appropriate the lands of the Cherokee Nation for the benefit of private corporations without its consent.

". 5. That the principal chief be, and he is hereby, further authorized and empowered to employ suitable counsel for the [p648] bringing and managing of said suit on the part of the Cherokee Nation."

". 8. That the principal chief be, and he is hereby, authorized and required to certify the provisions of this act to the Secretary of the Interior, in pursuance of the provisions of the fifth section of act of Congress."

Subsequently the Cherokee Nation, by its attorneys, sent a communication to the president of the United States, in which that nation, with its principal chief—reserving to that nation all rights and claims in and to the common property thereof as absolute owner of the same, and expressly denying the right and authority of the United States to grant to persons or corporations any easement, right of way, or property right whatever, in, to, and upon their common property, as specially set forth in their protest of December 12, 1884—appealed to the Circuit Court of the United States of the Western District of Arkansas from the award and judgment of the referees, and prayed that a transcript of all the proceedings relating to the award, together with their appeal, be certified to that court.

In consequence of this communication and appeal, the secretary of the interior, January 22, 1887, transmitted to that court all of said proceedings on file in his department, as far as they related to the Cherokee lands proposed to be taken by the railroad company.

The bill in the present case was filed in that court on the 26th day of January, 1887.

It alleges that the Cherokee Nation is a sovereign state, recognized as such by the various treaties made between it and the United States, beginning with that of Hopewell, November 22, 1785, and ending with that of Washington, July 10, 1866, and is entitled to exercise, and is exercising, the powers, jurisdiction, and functions of a sovereign state within the territory ceded to it and defined under the treaty of Fort Gibson, February 14, 1833.

It also alleges that by virtue of its inherent sovereignty, as recognized by those treaties, the right of eminent domain, with other rights of sovereignty in this country, remains exclusively [p649] vested in it; that, in addition to the cessions of territory by the above treaties, for which it gave a full and valuable consideration, the United States, by letters patent, conveyed said territory to it in fee-simple; that all of such territory remains under the jurisdiction and sovereignty of the plaintiff, except certain tracts lying west of the 96th degree of west longitude and north of the 37th degree of north latitude, which have been conveyed back to the United States by the Cherokee Nation under the terms of the treaty of 1866; that the Southern Kansas Railway Company, without right, and without consent or license from the plaintiff, entered its domain and territory, and commenced the construction over it of a railway; that, in the construction of such railway, that company had commenced cutting down the natural surface of the land, building embankments thereon, and appropriating the stone, earth, and lumber found on the line of the proposed road; had graded about ten miles of its road, and threatened and intended to carry on the same damage and destruction of the plaintiff's property throughout the whole of the proposed line of road, destroying the property, and depriving the plaintiff, by reason of the construction of such road, of a large revenue arising from the rental of its property for grazing purposes under existing leases of the lands proposed to be occupied by the railway company, and causing thereby irreparable loss and damage to the plaintiff. Referring to the act of Congress, the plaintiff avers that no jurisdiction or authority remained in the United States to grant any right of way through its territory, and that the right of eminent domain over that territory remained, under the above treaties and patents, in the plaintiff. The bill then sets forth the facts already stated in relation to the proceedings taken by the commissioners appointed under the act of Congress, and proceeds:

"That, even though the said referees had been authorized to make the award referred to, the sum by them awarded is entirely insufficient and inadequate compensation for the said right of way; that the same is reasonably worth the sum of $500 per mile, and your complainant, protesting against the [p650] said award, and insisting that the United States have no power to grant a right of way through the territory of your complainant without its consent, and protesting and insisting that the said referees had no lawful authority to make an award for the lands so intended to be taken from your complainant or its domain, and that, even on payment of the compensation so awarded, the said corporation could acquire no right to build its road through the territory of your complainant without its consent, still insists that the compensation so proposed to be awarded and paid is inadequate, insufficient for the land proposed to be taken, and prays that this complaint may be taken and treated as an original complaint and petition in appeal from the action of the said referees, as provided by section 3 of the act of July 4, 1884, aforesaid.

"Your complainant avers that, by reason of the premises aforesaid, the referees aforesaid had no authority to condemn any of the land or territory of your complainant, or to make any award therefor, and that no right accrued to the said Southern Kansas Railway Company to enter upon or build said proposed railway through the territory of your complainant."

The prayer of the bill is that the said awards be vacated and set aside; that the defendant be restrained and perpetually enjoined from locating, or attempting to locate, construct, equip, operate, use, or maintain a railway, telegraph, or telephone line through the land, domain, or territory of the complainant; that pending this suit it be restrained as aforesaid; and that, in the event the court should decline to grant the injunction prayed, the complainant be awarded full, just, and adequate compensation for the lands so proposed to be taken, and the rights, easements, and franchises so proposed to be granted to the defendant. The bill prays for such other and further relief as the nature of the case requires.

The defendant appeared, and by its attorney offered to pay into the registry of the court the sum of $14,705.98, being double the amount of the award of the referees appointed to assess the damages for the right of way for the railroad through the plaintiff's territory.

[p651] A demurrer to the bill was sustained. The prayer for an injunction was refused, a hearing on the question of damages was denied because of the misjoinder of equitable and legal causes of action, and the bill way dismissed for want of equity, without prejudice, and with judgment against the plaintiff for costs. 33 Fed. Rep. 900.

The plaintiff, as we have seen, seeks a decree setting aside and vacating the award of damages made by the referees, and perpetually enjoining the railway company from locating, operating, and maintaining a railroad, telegraph, and telephone line through its territory, as provided for in the act of July 4, 1884. Relief of that character is unquestionably of an equitable nature. But the plaintiff unites with this cause of action a prayer that, if an injunction be refused, it may be awarded full, just, and adequate compensation for the lands proposed to be taken by the railway company, and for the rights, easements, and franchises assumed to be granted to it by Congress. The latter is a legal, as distinguished from an equitable, cause of action. "Whenever," this court said in Van Norden v. Morton, 99 U.S. 378, 380, "a new right is granted by statute, or a new remedy for violation of an old right, or whenever such rights and remedies are dependent on state stattutes or acts of Congress, the jurisdiction of such cases, as between the law side and the equity side of the federal courts, must be determined by the essential character of the case; and, unless it comes within some of the recognized heads of equitable jurisdiction, it must be held to belong to the other." We do not doubt that a proceeding for an assessment of damages for the taking of private property for public use is one of law. It possesses none of the essential elements of a suit in equity, within the meaning of the statutes defining the jurisdiction of the courts of the United States. It was therefore properly held below that these two causes of action could not be united in the same suit in a court of the United States. Hurt v. Hollingsworth, 100 U.S. 100; Buzard v. Houston, 119 U.S. 347, 351.

But the court below ought not for that reason to have dismissed the plaintiff out of court without making some provision, [p652] by appropriate orders, for the protection of its rights as against the railway company. Congress gave the Cherokee Nation, if dissatisfied with the allowances provided for in the above act, the right, within 90 days after the making of an award and notice of the same, "to appeal by original petition to the courts," and have a trial of the case de novo. It did not prescribe the form of the petition, nor indicate what it should contain. Yet a petition of some kind was necessary in order to invest the court below with authority to take hold of the question of compensation to be made to the Cherokee Nation, and finally determine it without reference to the award of the commissioners. While, for the reasons above stated, the proceeding instituted by the plaintiff could not be regarded as technically a suit in equity, of which the court might take cognizance under the general statutes defining its jurisdiction, we perceive no reason why, in view of the broad terms of the act of congress, and of the peculiar relations which the plaintiff sustains to the government and people of the United States—relations which forbid, if to be avoided, the application of strict rules of interpretation—the bill might not have been treated simply as an original petition of appeal by the plaintiff for a trial of the case between it and the railway company upon the issue as to damages. It was none the less a petition for appeal because relief of an equitable charzcter was asked that could not be granted. The petition need not have been regarded as one to which the railway company must file a formal answer, but rather as the basis for such orders as would bring both parties into court for the determination of the question of damages. As the case is to be tried de novo, the court can properly make an order requiring the railway company to take the initiative by filing its written application or petition for an ascertainment of the compensation to be made for the property proposed to be taken, or the damage that would be done by reason of the construction of the railway. To that petition, when filed, the Cherokee Nation can demur, answer, or plead, as they may be advised. Under issues thus made, or under some other mode of procedure devised by the court, [p653] and appropriate for a regular trial of the issues, the case be tried de novo, and all the questions of law and fact that either party chooses to raise be finally determined.

This mode of proceeding will result in a speedy determination of the matters really in dispute, and is conducive to the ends of justice; and we are the better satisfied with such a disposition of the controversy because the equitable relief sought by the plaintiff cannot be granted. We have had some doubt as to whether, in the present attitude of the case, the reasons for this conclusion ought to be now given. But, as the questions raised by the demurrer were elaborately examined by the court below, (33 Fed. Rep. 900,) and were fully discussed at the bar, and as the plaintiff ought not to be led to suppose that a new bill in equity, based upon the alleged invalidity of the act of July 4, 1884, would avail any good purpose, we have concluded to state the grounds upon which we hold that Congress, in the passage of that act, has not violated any rights belonging to the plaintiff.

No allegations are made in the bill that would justify a decree perpetually enjoining the railway company from proceeding under the act of Congress. The proposition that the Cherokee Nation is sovereign in the sense that the United States is sovereign, or in the sense that the several states are sovereign, and that that nation alone can exercise the power of eminent domain within its limits, finds no support in the numerous treaties with the Cherokee Indians, or in the decisions of this court, or in the acts of Congress defining the relations of that people with the United States. From the beginning of the government to the present time, they have been treated as "wards of the nation," "in a state of pupilage," "dependent political communities," holding such relations to the general government that "they and their country," as declared by Chief Justice Marshall in Cherokee Nation v. Georgia, 5 Pet. 1, 17, "are considered by foreign nations, as well as by ourselves, as being so completely under the sovereignty and dominion of the United States that any attempt to acquire their lands, or to form a political connection with them, would be considered by all as an invasion of our territory, [p654] and an act of hostility." It is true, as declared in Worcester v. Georgia, 6 Pet. 515, 557, 569, that the treaties and laws of the United States contemplate the Indian Territory as completely separated from the states, and the Cherokee Nation as a distinct community, and (in the language of Mr. Justice McLean in the same case, p. 583) that, "in the executive, legislative, and judicial branches of our government, we have admitted, by the most solemn sanctions, the existence of the Indians as a separate and distinct people, and as being vested with rights which constitute them a state or separate community." But that falls far short of saying that they are a sovereign state with no superior within the limits of its territory. By the treaty of New Echota, 1835, the United States covenanted and agreed that the lands ceded to the Cherokee Nation should at no future time, without their consent, be included within the territorial limits or jurisdiction of any state or territory, and that the government would secure to that nation "the right, by their national councils, to make and carry into effect all such laws as they may deem necessary for the government of the persons and property within their own country, belonging to their people, or such persons as have connected themselves with them;" and by the treaties of Washington, 1846 and 1866, the United States guarantied to the Cherokees the title and possession of their lands, and jurisdiction over their country. Revision of Indian Treaties, pp. 65, 79, 85. But neither these nor any previous treaties evinced any intention upon the part of the government to discharge them from their condition of pupilage or dependency, and constitute them a separate, independent, sovereign people, with no superior within its limits. This is made clear by the decisions of this court rendered since the cases already cited. In United States v. Rogers, 4 How. 567, 572, the court, referring to the locality in which a particular crime had been committed, said: "It is true that it is occupied by the tribe of Cherokee Indians. But it has been assigned to them by the United States as a place of domicile for the tribe, and they hold and occupy it with the assent of the United States, and under their authority We think it too firmly and clearly [p655] established to admit of dispute that the Indian tribes residing within the territorial limits of the United States are subject to their authority." In United States v. Kagama, 118 U.S. 375, 379, the court, after observing that the Indians were within the geographical limits of the United States, said: "The soil and the people within these limits are under the political control of the government of the United States, or of the states of the Union. There exists within the broad domain of sovereignty but these tow They were, and always have been, regarded as having a semi-independent position when they preserved their tribal relations; not as States, not as nations, not as possessed of the full attributes of sovereignty, but as a separate people, with the power of regulating their internal and social relations, and thus far not brought under the laws of the Union, or of the State within whose limits they resided The power of the general government over these remnants of a race once powerful, now weak and diminished in numbers, is necessary to their protection as well as to the safety of those among whom they dwell. It must exist in that government, because it has never existed any where else, because the theater of its exercise is within the geogaphical limits of the United States, because it has never denied, and because it alone can enforce its laws on all the tribes." The latest utterance upon this general subject is in Choctaw Nation v. United States, 119 U.S. 1, 27, where the court, after stating that the United States is a sovereign nation limited only by its own constitution, said: "On the other hand, the Choctaw Nation falls within the description in the terms of our constitution, not of an independent state or sovereign nation, but of an Indian tribe. As such it stands in a peculiar relation to the United States. It was capable, under the terms of the constitution, of entering into treaty relations with the government of the Unted States, although, from the nature of the case, subject to the power and authority of the laws of the United States, when Congress should choose, as it did determine in the act of March 3, 1871, embodied in section 2079 of the Revised Statutes, to exert its legislative power."

In view of these authorities, the contention that the lands [p656] through which the defendant was authorized by Congress to construct its railway are held by the Cherokees as a sovereign nation, without dependence on any other, and that the right of eminent domain within its territory can only be exercised by it, and not by the United States, except with the consent of the Cherokee Nation, cannot be sustained. The fact that the Cherokee Nation holds these lands in fee simple under patents from the United States is of no consequence in the present discussion; for the United States may exercise the right of eminent domain, even within the limits of the several states, for purposes necessary to the execution of the powers granted to the general government by the constitution. Such an authority, as was said in Kohl v. United States, 91 U.S. 367, is essential to the independent existence and perpetuity of the United States, and is not dependent upon the consent of the states. United States v. Fox, 94 U.S. 315, 320; United States v. Jones, 109 U.S. 513; United States v. Great Falls Manufacturing Co., 112 U.S. 645; Van Brocklin v. State of Tennessee, 117 U.S. 151, 154. As was said by Mr. Justice Bradley in ''Stockton v. Baltimore &c. Railroad'', 32 Fed. Rep. 9, 19: "The argument based upon the doctrine that the states have the eminent domain or highest dominion in the lands comprised within their limits, and that the United States have no dominion in such lands, cannot avail to frustrate the supremacy given by the constitution to the government of the United States in all matters within the scope of its sovereignty. This is not a matter of words, but of things. If it is necessary that the United States government should have an eminent domain still higher than that of the state in order that it may fully carry out the objects and purposes of the constitution, then it has it. Whatever may be the necessities or conclusions of theoretical law as to eminent domain or anything else, it must be received as a postulate of the constitution that the government of the United States is invested with full and complete power to execute and carry out its purposes." It would be very strange if the national government, in the execution of its rightful authority, could exercise the power of eminent domain in the several States, and could not exercise the same [p657] power in a Territory occupied by an Indian nation or tribe, the members of which were wards of the United States, and directly subject to its political control. The lands in the Cherokee territory, like the lands held by private owners every where within the geographical limits of the United States, are held subject to the authority of the general government to take them for such objects as are germane to the execution of the powers granted to it, provided only that they are not taken without just compensation being made to the owner.

But it is said that the objects for which the act of 1884 was passed are not such as admit of the exercise of the right of eminent domain. This contention is without merit. Congress has power to regulate commerce, not only with foreign nations, and among the several states, but with the Indian tribes. It is not necessary that an act of Congress should express in words the purpose for which it was passed. The court will determine for itself whether the means employed by Congress have any relation to the powers granted by the constitution. The railroad which the defendant was authorized to construct and maintain will have, if constructed and put into operation, direct relation to commerce with the Indian tribes, as well as with commerce among the states, especially with the states immediately north and south of the Indian Territory. It is true that the company authorized to construct and maintain it is a corporation created by the laws of a state, but it is none the less a fit instrumentality to acomplish the public objects contemplated by the act of 1884. Other means might have been employed; but those designated in that act, although not indispensably necessary to accomplish the end in view, are appropriate and conducive to that end, and therefore within the power of Congress to adopt. The question is no longer an open one as to whether a railroad is a public highway established primarily for the convenience of the people, and to subserve public ends, and therefore subject to governmental control and regulation. It is because it is a public highway, and subject to such control, that the corporation by which it is constructed, and by which it is to be maintained, may be permitted, under legislative sanction, to appropriate private property [p658] for the purposes of a right of way upon on making just compensation to the owner, in the mode prescribed by law. It is well said by Mr. Cooley, in his treatise on Constitutional Limitations, section 537, that, "while there are unquestionably some objections to compelling a citizen to surrender his property to a corporation whose corporators, in receiving it, are influenced by motives of private gain and emolument, so that to them the purpose of the appropriation is altogether private, yet, conceding it to be settled that these facilities for travel and commerce are a public necessity, if the legislature, reflecting the public sentiment, decide that this general benefit is better promoted by their construction through individuals or acorporations than by the state itself, it would clearly be pressing a constitutional maxim to an absurd extreme if it were to be held that the public necessity should only be provided for in the way which is least consistent with the public interest." But this precise question was determined upon full consideration in California v. Pacific Railroad Company, 127 U.S. 1, 39, where this court said: "The power to construct, or to authorize individuals or corporations to construct, national highways and bridges from States to State, is essential to the complete control and regulation of interstate commerce. Without authority in Congress to establish and maintain such highways and bridges, it would be without authority to regulate one of the most important adjuncts of commerce Of course the authority of Congress over the territories of the United States, and its power to grant franchises exercisible therein, are, and ever have been, undoubted. But the wider power was very freely exercised, and much to the general satisfaction, in the creation of the vast system of railroads connecting the east with the Pacific, traversing States as well as Territories, and employing the agency of state as well as federal corporations." Upon this point nothing more need be said.

It is further suggested that the act of Congress violates the constitution in that it does not provide for compensation to be made to the plaintiff before the defendant entered upon these lands for the purpose of constructing its road over them. [p659] This objection to the act cannot be sustained. The Constitution declares that private property shall not be taken "for public use without just compensation." It does not provide or require that compensation shall be actually paid in advance of the occupancy of the land to be taken; but the owner is entitled to reasonable, certain, and adequate provision for obtaining compensation before his occupancy is disturbed. Whether a particular provision be sufficient to secure the compensation to which, under the Constitution, he is entitled, is sometimes a question of difficulty. In the present case the requirements of the Constitution have, in our judgment, been fully met. The third section provides that, before the railway shall be constructed through any lands proposed to be taken, full compensation shall be made to the owner for all property to be taken or damage done by reason of the construction of the road. In the event of an appeal from the finding of the referees, the company is requird to pay into court double the amount of the award, to abide its judgment; and, that being done, the company may enter upon the property sought to be condemned, and proceed with the construction of its road. We are of the opinion that this provision is sufficiently reasonable, certain, and adequate to secure the just compensation to whch the owner is entitled.

The plaintiff asks what will be its condition as to compensation if, upon the trial de novo of the question of damages the amount assessed in its favor should exceed the sum which may be paid into court by the defendant. This question would be more embarrassing than it is if, by the terms of the act of congress, the title to the property appropriated passed from the owner to the defendant, when the latter, having made the required deposit in court, is authorized to enter upon the land pending the appeal, and to proceed in the construction of its road. But clearly the title does not pass until compensation is actually made to the owner. Within the meaning of the Constitution the property, although entered upon pending the appeal, is not taken until the compensation is ascertained in some legal mode, and, being paid, the title passes from the owner. Such was the decision in [p660] Kennedy v. Indianapolis, 103 U.S. 599, 604, where the court construed a clause of the constitution of Indiana declaring that no man's property "shall be taken or applied to public use, without a just compensation being made therefor"—substantially the provision found in the national Constitution. This court there said that "on principle and authority, the rule is, under such a constitution as that of Indiana, that the right to enter on and use the property is complete as soon as the property is actually appropriate under the authority of law for a public use, but that the title does not pass from the owner without his consent until just compensation has been made to him." In the case now before us the property in respect to which the referees made the award will be conditionally appropriated for the public use when the defendant makes a deposit in court of double the amount of such award, and it only remains to fix the just compensation to be made to the owner. But the title has not passed, and will not pass, until the plaintiff receives the compensation ultimately fixed by the trial de novo provided for in the statute. So that, if the result of that trial should be a judgment in its favor in excess of the amount paid into court, the defendant must pay off the judgment before is can acquire the title to the property entered upon, and, failing to pay it within a reasonable time after the compensation is finally determined, it will become a trespasser, and liable to be proceeded against as such; and, in such case, if the plaintiff shall sustain damages by reason of the use of its property by the defendant pending the appeal, the latter will be liable therefor. The apprehension, therefore, that the plaintiff may lose its property without receiving just compensation therefor is without foundation.

Some stress is laid upon the possibility that the defendant may become insolvent before the proceedings below reach a conclusion, and become unable to pay any damages in excess of the amount it may pay into court. The possibility of such insolvency is not, in our opinion, a sufficient ground for holding that the provision made in the act of Congress for securing just compensation is inadequate. Absolute certainty in such matters is impracticable, and therefore cannot reasonably be [p661] required. In determining the validity of the act of Congress, the presumption must be indulged that a deposit in court of double the amount awarded by three disinterested referees appointed by the president will amply secure the payment of any compensation that may be fixed at the trial in the court below. The record states that the defendant offered to pay in to court double the amount of the award made by the referees. The offer to pay is not a compliance with the statute. The amount required to be deposited must be actually paid into court before the company can rightfully enter upon the lands sought to be condemned, or proceed with the construction of its road.

The decree is reversed, and the cause remanded for further proceedings in conformity with this opinion.


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Page:Hudibras - Volume 2 (Butler, Nash, Bohn; 1859).djvu/278

RV 416 (CANTO II.])


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Page:The House at Pooh Corner (1961).pdf/122

 “Eeyore, Tigger’s going to try me. Piglet, do you think”

“Yes, yes,” said Rabbit, “we don’t all want to speak at once. The point is, what does Christopher Robin think about it?”

“All I did was I coughed,” said Tigger.

“He bounced,” said Eeyore.

“Well, I sort of boffed,” said Tigger.

“Hush!” said Rabbit, holding up his paw. “What does Christopher Robin think about it all? That’s the point.”


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 “Well,” said Christopher Robin, not quite sure what it was all about, “I think”

“Yes?” said everybody.

“I think we all ought to play Poohsticks.”

So they did. And Eeyore, who had never played it before, won more times than anybody else; and Roo fell in twice, the first time by accident and the


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Page:The National geographic magazine, volume 1.djvu/97

Barometer Curves.—As it is only practicable to illustrate graphically the Imrometer records of a few vessels and land stations, the following have been selected as being of special interest; the small circles mark the points of observation:

Barometer Normal.—The barometer normal for the 50-square from latitude 35° to 40° N., longitude 65° to 70° W., assumed for the present purpose as the normal for the entire area, is 29.98, and is indicated by the blue line on the diagram.

The positions of the above-mentioned signal-stations and the tracks of these seven vessels are all indicated in red on the accompanying Track Chart. This diagram should therefore be studied in connection with the chart, in order to form a clear idea of the general eastward movement of the trough of low barometer, and the accompanying rapid deepening of the depression upon reaching the coast.


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Page:Hudibras - Volume 2 (Butler, Nash, Bohn; 1859).djvu/279

RV 417 (CANTO III.])


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 12 The Romans came, conquered, and departed, and left no mark except the ruins of their buildings. When the Saxons landed, Britain was once more a country of Celtic tribes living in a state of barbarism and mutual warfare.

That is a not much exaggerated account of the traditional English view of the matter, which one may find implied, even ifnot baldly stated, in most history books more than about thirty years old. Sometimes it was tempered by the doctrine that the Romans really had in some ways influenced the Britons, and that relics of this influence were to be seen in the city life and guild institutions of the Middle Ages; and sometimes, in such books as Gardiner's well-known history (1896), the fact that the Britons acquired a considerable degree of Roman culture is recognized, but the question of whether and why it disappeared when the Romans left is not raised at all. And the old traditional view is still predominant in such a deservedly popular book as Fletcher and Kipling's history and in Mr. Kipling's splendidly imaginative picture of late fourth-century Britain in Puck of Pook's Hill.

The essence of the traditional view is the notion that between Britons and Romans there was an initial cleavage of race, langauge, and culture which to the last was never really bridged. At the time of the original conquest, there was, of course, no difficulty in deciding whether a given man was a Briton or a Roman, and it has generally been assumed that this was true to the end. The Romans, it is assumed, were a conquering race and the Britons a conquered; one race was dark and Italian, the other fair and Celtic; one spoke Latin and the other Welsh; one was civilized and the other not. But this assumption is very far from true. Let us look at the facts.

A great deal of attention has recently been given to the determination of racial types by exact measurement. Differences of physical character are accompanied by differences of proportion between various parts of the skeleton; even the skull alone,


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one that has a Patent for his Wit, and understands by Commission, in which his Wife and his Clerk are of the Quorum. He is Judge of the Peace, but has nothing to do with it until it is broken; and then his Business is to patch it up again. His Occupation is to keep the Peace, but he makes it keep him; and lives upon the Scraps of it, as those he commits do on the common Basket. The Constable is his Factor, and the Jaylor the Keeper of his Warehouse, and Rogues, Bawds, and Thieves his Goods. He calls taking of


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Rh Pigs and Capons taking of Bail; and they pass with him for substantial House-keepers. Of these he takes Security, that the Delinquent shall answer it before the Sessions, that is before the Court sits next, otherwise Forfeiture of Recognizance is sure to rise up in Judgment. He binds Men over, as Highwaymen do, to unty their Purses, and then leaves them to unbind themselves again, or rather as Surgeons do, to let their Purses Blood. He makes his Commission. a Patent, that no Man shall set-up any Sin without Licence from him. He knows no Virtue, but that of his Commission, for all his Business is with Vice, in which he is so expert, that he can commit one Sin instead of another, as Bribery for Bawdery, and Perjury for Breach of the Peace. He uses great Care and Moderation in punishing those, that offend regularly, by their Calling, as residentiary Bawds, and incumbent Pimps, that pay Parish DutiesShopkeepers, that use constant false Weights and Measures, these he rather prunes, that they may grow the better, than disables; but is very severe to Hawkers and Interlopers, that commit Iniquity on the Bye. He interprets the Statutes, as Fanatics do the Scripture, by his own Spirit; and is most expert in the Cases of


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 light Bread, Highways, and getting of Bastards. His whole Authority is like a Welsh-Hook; for his Warrant is a Puller to her, and his Mittimus a thrust-her from her. He examines bawdy Circumstances with singular Attention, and files them up for the Entertainment of his Friends, and Improvement of the Wit of the Family. Whatsoever he is else, he is sure to be a Squire, and bears Arms the first Day he bears Office; and has a more indubitate and apparent Title to worship, than any other Person. If he be of the long Robe he is more busy and pragmatical on the Bench, than a secular Justice; and at the Sessions, by his Prerogative, gives the Charge, which puts him to the Expence of three Latin Sentences, and as many Texts of Scripture; the rest is all of Course. He sells good Behaviour, and makes those, that never had any, buy it of him at so much a Dose, which they are bound to take off in six Months or longer, as their Occasions require. He is apt to mistake the Sense of the Law, as when he sent a zealous Botcher to Prison for sewing Sedition, and committed a Mountebank for raising the Market, because he set up his Bank in it. Much of his Business and Ability consists in the distributive Justice


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 of disposing of Bastards, before they are born, to the right Proprietors, that no Parish may be wronged, and forced to pay for more Fornication, than they have had Occasion for. Next this he does his Country signal Service in the judicious and mature Legitimation of tipling Houses, that the Subject be not imposed upon with illegal and arbitrary Ale. At the Sessions his Recognisances appear, or hide their Heads, according as his Wife and Clerk have found the Bill; for Delinquents, like Aldermen, that fine for't, are excused, otherwise they must stand and bear Office in the Court, tho' it be but to be whipped, or set in the Pillory. If he be of the Quorum he is a double Justice, and ought, like a double Jugg, to hold as much as two simple ones; but if he hap to be empty and out of Justice in any Business, he is not at Home; or not at Leisure, and so the Matter is transmitted to the next in Capacity. His Conscience is never troubled for his own Sins, especially those of Commission (which he takes to be but the Privilege of his Place) for he finds it is Business enough for one Man, to have to do with those of others.


text: The Genuine Remains in Verse and Prose of Mr. Samuel Butler/Volume 2/The Character of a Justice of Peace


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 his way in mechanics and the science of construction,—the results of which he at length embodied in his condensing steam-engine.

For ten years he went on contriving and inventing—with little hope to cheer him, and with few friends to encourage him. He went on, meanwhile, earning bread for his family by making and selling quadrants, making and mending fiddles, flutes, and musical instruments; measuring mason-work, surveying roads, superintending the construction of canals, or doing anything that turned up, and offered a prospect of honest gain. At length, Watt found a fit partner in another eminent leader of industry—Matthew Boulton, of Birmingham; a skilful, energetic, and far-seeing man, who vigorously undertook the enterprise of introducing the condensing-engine into general use as a working power; and the success of both is now matter of history.

Many skilful inventors have from time to time added new power to the steam-engine; and, by numerous modifications, rendered it capable of being applied to nearly all the purposes of manufacture—driving machinery, impelling ships, grinding corn, printing books, stamping money, hammering, planing, and turning iron; in short, of performing every description of mechanical labour where power is required. One of the most useful modifications in the engine was that devised by Trevithick, and eventually perfected by George Stephenson and his son, in the form of


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Author:Emma Graves

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text: Self-Help/Chapter 4

title: Self-Help/Chapter 4


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544 long, broadly obloug or obovate, obtuse, with 1 or 2 deep notches on each side or entire, thick and coriaceous, black when dry. Peduncles axillary, remote from the ends of the branches, very long, 3–9 in., slender, strict, erect, glabrous or puberulous, few- or many-flowered; pedicels slender, erect, ¼–½ in. long; bracts small, oblong or linear-oblong, obtuse. Flowers about ⅓ in. diam. Calyx 4-partite; segments ovate or oblong, obtuse. Corolla-tube very short; limb with four spreading rounded lobes. Stamens shorter than the corolla-lobes. Capsule broadly oblong, retuse, exceeding the calyx.—''Hook. f. Fl. Nov. Zel. i. 196; Handb. N.Z. Fl. 215; Armstr. in Trans. N.Z. Inst.'' xiii. (1881) 349.

77. V. Hookeriana, Walp. Rep. iii. 341.—A small stout much or sparingly branched prostrate herb 3–10 in. long; branches short, stout, ascending, leafy, glandular-pubescent. Leaves crowded, very shortly petiolate, spreading, ¼–½ in. long, broadly ovate or oblong-ovate, obtuse, coarsely and obtusely crenate, thick and coriaceous, rigid, often black when dry, pubescent on both surfaces or glabrous above. Peduncles usually several, lateral or near the tips of the branches, 1–2 in. long, stout, erect, densely pubescent, bearing a 4–8-flowered corymbose raceme at the top; bracts, pedicels, and calyces densely glandular-pubescent. Flowers ¼–⅓ in. diam., white or white streaked with pink. Calyx 4-partite; segments ovate, obtuse. Corolla-tube very short; limb broad, spreading, 4-lobed; lobes rounded. Stamens rather shorter than the lobes. Capsule broadly oblong, about one-third longer than the calyx when mature.—V. nivea, ''Hook. f. Ic. Plant. t. 640 (not of Lindl.)''. V. nivalis, ''Benth. in D.C. Prodr. x. 477; Hook. f. Fl. Nov. ''Zel. i. 196; ''Handb. N.Z. Fl.'' 215. V. compacta, Col. in Trans. N.Z. Inst. xx. (1888) 202.

78. V. Olseni, Col. in Trans. N.Z. Inst. xxviii. (1896) 607.—Stems prostrate, sparingly branched; branches short, rooting at the nodes, densely pubescent with short spreading hairs. Leaves shortly petioled, rather close-set, spreading, ¼–½ in. long, broadly ovate or almost orbicular, obtuse, deeply and coarsely serrate,


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 reform, savings-banks, free trade, economy and retrenchment, extended representation, and such like measures, all of which he indefatigably promoted. Whatever subject he undertook, he worked at with all his might. He was not a good speaker, but what he said was believed to proceed from the lips of an honest, single-minded, accurate man. If ridicule, as Shaftesbury says, be the test of truth, Joseph Hume stood the test well. No man was more laughed at, but there he stood perpetually, and literally, "at his post." He was usually beaten on a division, but the influence which he exercised was nevertheless felt, and many important financial improvements were effected by him even with the vote directly against him. The amount of hard work which he contrived to get through was something extraordinary. He rose at six, wrote letters and arranged his papers for parliament; then, after breakfast, he received persons on business, sometimes as many as twenty in a morning. The House rarely assembled without him, and though the debate might be prolonged to two or three o'clock in the morning, his name was seldom found absent from the division. In short, to perform the work which he did, extending over so long a period, in the face of so many Administrations, week after week, year after year,—to be outvoted, beaten, laughed at, standing on many occasions almost alone, to persevere in the face of every discouragement, preserving his temper unruffled, never relaxing in his energy or his hope, and living to see the greater number of his measures adopted with acclamation, must be regarded as one of the most remarkable illustrations of the power of human perseverance that biography can exhibit.


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Veronica.] thick and coriaceous, glabrous, dark-green. Racemes many-flowered, on strict erect densely pubescent lateral peduncles 3–5 in. long; pedicels ¼–½ in. long, slender. Flowers ¼–⅓ in. diam., white with pink veins. Calyx deeply l-partite; segments broadly ovate, obtuse, margins ciliolate. Corolla-tube very short, limb with 4 rounded spreading lobes. Stamens shorter than the corolla-lobes. Capsule broadly oblong, turgid, emarginate, one-third as long again as the calyx.

79. V. spathulata, Benth. in D.C. Prodr. x. 477.—A small prostrate excessively branched pubescent little plant, forming dense patches 3–9 in. across; branches short, stout, ascending, leafy, clothed with crisped white hairs. Leaves crowded, spreading, petiolate, ⅙–½ in. long including the petiole, ovate-spathulate or deltoid-spathulate, obtuse, coarsely crenate or crenate-lobed, thick and coriaceous, black when dry, more or less hairy on both surfaces; petiole about as long as the blade, broad, channelled. Peduncles near the tips of the branches, short, stout, pubescent, equalling the leaves or nearly twice as long as them, 2–5-flowered; bracts foliaceous, and with the pedicels and calyces densely pubescent. Flowers ¼ in. diam., white. Calyx 4-partite; segments oblong or obovate-oblong, obtuse. Corolla-tube short; limb broad, 4-lobed, lobes rounded. Stamens 2, shorter than the corolla-lobes. Capsule equalling or slightly exceeding the calyx, broadly obcordate, pubescent.—''Hook. f. Fl. Nov. Zel. i. 197; Handb. N.Z. Fl. 216; Armstr. in Trans. N.Z. Inst.'' xiii. (1881) 349. V. vulcanica, Col. in Trans. N.Z. Inst. xx. (1888) 203. V. subrosulata, Col. l.c. xxxi. (1899) 278.

80. V. plebeia, R. Br. Prodr. 435.—Stems slender, leafy, prostrate and rooting, much and diffusely branched, elongated, 1–3 ft. long, usually minutely pubescent. Leaves on rather long petioles; blade ½–1 in. long, broadly ovate or deltoid, obtuse or subacute, cordate or truncate at the base, coarsely and irregularly acutely toothed, 3-nerved, glabrous or sparsely hairy. Racemes lateral, axillary, pedunculate, 2–5 in. long, slender, loosely 5–10-flowered;


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Author:Jennifer Liriano

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546 pedicels spreading, ⅓–½ in. long; bracts linear-obovate. Flowers small, ⅙ in. diam. Calyx 4-partite; segments obovate-oblong, obtuse or subacute, enlarging in fruit. Corolla-tube very short; limb with 4 rounded lobes. Stamens shorter than the corollalobes. Capsule transversly oblong or orbicular, compressed, slightly emarginate, altogether included in the enlarged calyx.—''Benth. Fl. Austral.'' iv. 510. V. elongata, ''Benth. in D.C. Prodr. x. 478; Hook, f. Fl. Nov. Zel. i. 197; Handb. N.Z. Fl.'' 216. V. calycina, ''A. Cunn. Precur. n. 382 (not of R. Br.).''

81. V. Anagallis, ''Linn. Sp. Plant.'' 12.—Stems stout, succulent, glabrous, decumbent at the base, then erect, simple or sparingly branched, 6–18 in. high. Leaves sessile and semiamplexicaul, 1–3 in. long, oblong-lanceolate or linear-oblong, subacute or obtuse, often cordate at the base, more or less serrate or almost entire, membranous when dry. Racemes numerous towards the ends of the branches, axillary, suberect, 4–10 in. long, many-flowered; bracts small, linear or lanceolate. Flowers small, ⅕–¼ in. diam., pale-blue or almost white. Calyx 4-partite; segments ovateoblong, obtuse or subacute. Corolla-tube very short; limb 4-lobed, spreading. Capsule broadly oblong, notched, shorter than the calyx.—''Hook. f. Fl. Nov. Zel. i. 197; Handb. N.Z. Fl.'' 216.

82. V. Muelleri, Buch. in Trans. N.Z. Inst. xiv. (1882) 351, t. 32.—Stems prostrate or rooting, branched, 6–18 in. long, putting up numerous short suberect branchlets ½–2 in. long. Leaves crowded towards the tips of the branchlets, spreading, petioled, ⅕–⅓ in. long, linear-obovate to ovate-oblong, obtuse, entire or with 1 or 2 coarse notches on each side, coriaceous, glabrous or the petioles ciliate on the margins. Flowers solitary and axillary at the tips of the branches, almost hidden by the leaves, sessile or shortly pedicelled, ⅓ in. diam. Calyx 4-partite; segments linear-obovate, obtuse. Corolla-tube rather long, exceedmg the calyx; limb spreading, 4-lobed. Stamens shorter than the corolla-lobes. Capsule equalling the calyx or rather shorter than it, transversely oblong, didymous.

Otago—Hector's Col, Mount Aspiring Range, alt. 5000ft., Buchanan and McKay!


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Author:David Toguchi

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32 into Europe it was supposed to be the species of Rhus which yields Japanese varnish or lacquer; and even now it is often called in France Vernis du Japan. The tree, however, is unknown wild in Japan, and is seldom or never cultivated there. The Chinese in classical times were well acquainted with Ailanthus, which they called ch'u, a word explained as meaning "useless wood," as it was in ancient times (as well as at present) used only for firewood. Popularly Ailanthus and Cedrela are now called ch'un trees, the former being distinguished as the "stinking ch'un," and the latter as the "fragrant ch'un,"

In China the Ailanthus grows to be a large tree; but the timber is little valued. The root-bark is used, as a strong infusion, in cases of dysentery. In the Pharmaceutical Museum, London, there are several specimens of barks bearing the Chinese name for Ailanthus; but these are doubtfully referable to that species; and the whole subject of the use of Ailanthus bark for dysentery requires further investigation.

In the Kew Museum there are specimens of silkworms (Attacus Cynthia, Drury), which feed on the leaves of Ailanthus in North China; and there are also samples of the "wild silk" produced, which is made into one kind of pongee. This species of silkworm was introduced into France in 1858; and large numbers of Ailanthus trees were planted with a view to the feeding of the silkworms. The winter of 1879 killed off all the silkworms; and apparently the cultivation of the tree in France for the production of silk is a thing of the past.

In the Kew Museum there is a note attached to a specimen of the wood of Ailanthus glandulosa from Tuscany, which says that the bark yields a resinous juice; but there is no account of such a resin from Chinese sources; and exudation from the bark has not been observed in trees growing in England or in France. In India, however, the resin, called muttee-pal, is derived from the bark of Ailanthus malabarica, and is used both as an incense and as a remedy for dysentery.

Ailanthus glandulosa was first introduced from China in 1751. In Hortus Collinsonianus, p. 2, a memorandum is copied which was left by Collinson, stating: "A stately tree raised from seed from Nankin in 1751, sent over by Father d'Incarville, my correspondent in China, to whom I sent many seeds in return; he sent it to me and the Royal Society." Père d'Incarville was a French Jesuit missionary, who died at Peking in 1757. In ''Trans. Phil. Soc.,'' 1757, a paper is printed, which was read on 25th November 1756, being a letter from John Ellis to P. C. Webb; and it mentions two trees which were growing, one in Webb's


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34 and for this reason it is successfully used to cover railway and road embankments in France. It will not grow well on compact clay or on chalky or absolutely poor soils. In England it has only been planted as an ornamental tree, and it is very suitable for planting in towns, as it is not injured by smoke and is free from insect attacks and fungous diseases. Though it suckers freely, this is no objection in streets, where the pavements or wheel traffic prevents them from making an appearance. The young shoots are often killed by frost, but this only serves to keep the tree within bounds without the use of the pruning knife. The Ailanthus only makes one shoot annually, late in the spring, which continues to grow till October or November, and this is the reason why it is spring tender, as the tips of the shoots do not become properly lignified. The tree, however, bears the greatest cold in winter, and was not injured by the severe frost of 1879.

The tree produces flowers in England when it is about 40 feet high; and it fruits pretty frequently, but the seeds are often infertile.

When the Ailanthus is cut back annually, it grows rapidly and produces foliage of enormous size, suitable for the so-called tropical garden. Leaves of plants so treated have measured as much as 4 feet long and 15 inches wide.

The Ailanthus succeeds in a great variety of climates, and is planted in regions so diverse as Northern India, the United States, France, Germany, and Italy. In France it has not been successful as a forest tree, as it is not a social species, and is speedily dominated by native trees, if it survives the seedling stage, when it is sensitive to spring frosts. In warmer climates it easily regenerates by seed, and in consequence has become naturalised in many parts of Europe (as on the arid slopes of Mount Vesuvius, where it stands very well the drought), and in the United States, where it often runs wild in old fields. American writers praise the tree for the value of its wood and the rapidity of its growth, as it is said to make timber faster than any of the native trees that are used for firewood.

The wood is yellowish or yellowish green, and is not clearly distinguishable into well-marked heart and sap woods, though in old trees the centre of the stem becomes deeper in colour. The wood has a specific gravity of 0.6, and is easily worked, taking a good polish. It rives easily. It is used by wheelwrights as a substitute for elm and ash; but is inferior to these, as it does not possess their elasticity or their capability of resistance to fracture. It is said, however, to bear well alternations of dry and wet.

Mr. J.A. Weale of Liverpool, who has paid great attention to the study of timbers, and knows more about them than any one in the trade in this country, writes to us that this wood resembles that of the ash so closely in structure, that the only real difference between the two is in the large cellular compound pores which are formed in the Ailanthus, as shown in the microscopical section which he enclosed.

Elwes is assured by Prof. C.S. Sargent that it makes nice furniture, and he has a specimen from a large tree which was cut down in the Palace Gardens at Wells, Somerset, of which the timber was bought by Mr. Halliday, a cabinetmaker, for £8.


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Author:Rickie Plaisir

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shrubs, or perennial herbs, with naked buds and imparipinnate leaves. Flowers papilionaceous, in simple racemes or terminal leafy panicles. Calyx five-toothed, imbricate. Stamens ten, not united together, or rarely sub-connate. Ovary short-stalked, with many ovules. Pod moniliform, indehiscent, or tardily dehiscent.

The name Sophora was taken by Linnaeus from the Arabic word Sophera, which indicated some leguminous tree. The genus belongs to the tribe Sophoreæ (Natural order Leguminosæ, division Papilionaceæ) characterised by imparipinnate leaves and ten free stamens. There are about twenty-five species of Sophora, generally spread throughout the tropical and warm temperate regions of the globe. The only species of importance which attain to timber size are Sophora japonica and ''Sophora platycarpa. Sophora macrocarpa from Chile and Sophora tetraptera'' from New Zealand are shrubs or small trees, which are frequently cultivated in the southern counties of England, and do not come within the scope of our work, although they are said to attain a height of 50 feet in the wild state.

Sophora platycarpa, Maximowicz, in ''Mel. Biol.'' ix. 70 (1873), (Fuji-ki in Japan), only lately introduced into cultivation in England; but in the United States, where it has been grown for some time, it is said to have proved hardier than Sophora japonica. It is a tree of considerable size, occurring in woods in Japan on the side of Fusiyama and in Nambu. It is similar in leaves and flowers to Sophora japonica; and, as will be pointed out in our account of that species, has been probably confused with it by writers on Japanese trees. The leaves are larger than in Sophora Japonica, the leaflets being 2 to 3½ inches long, alternate, acuminate, glabrous or nearly so. The flowers are ½ inch long, white, and loosely arranged. The main difference is in the pod, which is membranous, flat, narrowly winged on each side, and irregularly constricted.


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19. 31

dwelt in the mountain, and his two daughters with him; for he feared to dwell in Zoar: and he dwelt in a cave, he and his two daughters.  And the first-born said unto the younger, Our father is old, and there is not a man in the earth to come in unto us after the manner of all the earth:  come, let us make our father drink wine, and we will lie with him, that we may preserve seed of our father.  And they made their father drink wine that night: and the first-born went in, and lay with her father; and he knew not when she lay down, nor when she arose.  And it came to pass on the morrow, that the first-born said unto the younger, Behold, I lay yesternight with my father: let us make him drink wine this night also; and go thou in, and lie with him, that we may preserve seed of our father.  And they made their father drink wine that night also: and the younger arose, and lay with him; and he knew not when she lay down, nor when she arose.  Thus were both the daughters of Lot with child by their father.  And the first-born bare a son, and called his name Moab: the same is the father of the Moabites unto this day.  And the younger, she also bare a son, and called his name Ben-ammi: the same is the father of the children of Ammon unto this day.

And Abraham journeyed from thence toward the land of the South, and dwelt between Kadesh and Shur. And he sojourned in Gerar.  And Abraham said of Sarah his wife, She is my sister. And Abimelech king of Gerar sent, and took Sarah.  But God came to Abimelech in a dream of the night, and said to him, Behold, thou art but a dead man, because of the woman whom thou hast taken. For she is a man's wife.  Now Abimelech had not come near her. And he said, Lord, wilt thou slay even a righteous nation?  Said he not himself unto me, She is my sister? And she, even she herself said, He is my brother. In the integrity of my heart and the innocency of my hands have I done this.  And God said unto him in the dream, Yea, I know that in the integrity of thy heart thou has done this, and I also withheld thee from sinning against me. Therefore suffered I thee not to touch her.  Now therefore restore the man's wife. For he is a prophet, and he shall pray for thee, and thou shalt live. And if thou restore her not, know thou that thou shalt surely die, thou, and all that are thine.

And Abimelech rose early in the morning, and called all his servants, and told all these things in their ear. And the men were sore afraid.  Then Abimelech called Abraham, and said unto him, What hast thou done unto us? And wherein have I sinned against thee, that thou hast brought on me and on my kingdom a great sin? Thou hast done deeds unto me that ought not to be done.  And Abimelech said unto Abraham, What sawest thou, that thou hast done this thing?  And Abraham said, Because I thought, Surely the fear of God is not in this place. And they will slay me for my wife's sake.  And moreover she is indeed my sister, the daughter of my father, but not the daughter of my mother; and she became my wife:  and it came to pass, when God caused me to wander from my father's house, that I said unto her, This is thy kindness which thou shalt show unto me. At every place whither we shall come, say of me, He is my brother.  And Abimelech took sheep and oxen, and men-servants and women-servants, and gave them unto Abraham, and restored him Sarah his wife.  And Abimelech said, Behold, my land is before thee. Dwell where it pleaseth thee.  And unto Sarah he said, Behold, I have given thy brother a thousand pieces of silver: behold, it is for thee a covering of the eyes to all that are with thee; and in respect of all thou art righted.  And Abraham prayed unto God. And God healed Abimelech, and his wife, and his maid-servants. And they bare children.  For Jehovah had fast closed up all the wombs of the house of Abimelech, because of Sarah, Abraham's wife.

And Jehovah visited Sarah as he had said, and Jehovah did unto Sarah as he had spoken.  And Sarah conceived, and bare Abraham a son in his old age, at the set time of which God Rh