46 66 to 66 provided for no senate. In the debate three other | debate, Elbridge Gerry threw out the idea, which plans of selection were brought up: 1, by the national executive, out of nominations by state legislatures; 2, by the people; and 3, by the state legislatures; and the last was adopted unanimously, June 7. As yet it was not settled whether the states were to be equally or proportionately represented in the senate, the small states urging the former plan, and the large states the latter. This question, on which, said Sherman, of Connecticut, everything depended," came up June 11. A motion that each state have one vote was lost, and another for proportionate representation in both branches was carried, the six "large states" in both cases voting against the five "small states." | On the next day the term of senators was fixed at seven years. June 13, the committee of the whole reported that the second branch was to be chosen for seven years by the state legislatures, according to the population of each state, and to be paid out of the national treasury; its members to be at least thirty years old, and to be ineligible to office under the United States for a year after the end of their term of office. The constitution of the senate, in its first form, was thus completed; and though it still lacked a name, the words " senate" and " senatorial were frequently used in debate. The report of the committee of the whole as to the composition of the senate was adopted by the convention, June 24-25, except that the term of seven years was changed to six. The convention was then brought face to face with the all-important question, the rule of representation in the senate. For days the debate went on. The five small states, Connecticut, New York, New Jersey, Delaware and Maryland, knew that they would be outvoted by the six large states in the end; and a motion was made, June 30, that the president of the convention write to the executive of New Hampshire, asking for the attendance of that state's delegates; but it was voted down. Dr. Franklin proposed that each state have an equal representation in the senate, with a vote on money bills proportionate to its share of taxation; but this was not considered. The large states were determined to have a proportional share of the senate; the small states were equally determined to have an equal share. The debates grew unusually warm, for this convention; and one of the Delaware delegates went so far as to declare, that, if the large states should push the matter to an unjust issue, they would dissolve the confederation, and then "the small ones will find some foreign ally, of more honor and good faith, who will take them by the hand and do them justice.' The temper of the small states rose so high that the matter was not pushed to an issue. It was settled by compromise, and the equal representation of the states in the senate was the result. (See COMPROMISES, I.) — July 14, the large states made a fresh effort to apportion senators among the states in numbers varying from one for Rhode Island and Delaware to five for Virginia, or thirtysix in all, but it was voted down. During the was afterward adopted, of allowing the senators to vote per capita, instead of by states. From this time the large states yielded, and the equal state representation in the senate was secure. The line of division still existed: the small states usually endeavored to throw as much power as possible into the senate, while the large states did the same in regard to the house of representatives. But the struggle was now most temperate and amicable : the little states had gained their point. In the report of the committee of detail, Aug. 6, the name senate was formally given "the second branch." Its composition and voting per capita were just as in the final constitution, except that there was as yet no vice-president to preside over it. (See ELECTORS, I.) Its powers were very different: it was to make treaties, appoint ambassadors, judges of the supreme court, and commissioners to give final and conclusive judgment in territorial disputes between the states (see TERRITORIES, I.); but it had not yet the power to try impeachments, confirm the president's appointments, or alter or amend money bills. The introduction of the electoral system, Sept. 4, brought with it, as part of the plan, the power of the senate to try impeachments, and the functions of the vice-president as presiding officer of the senate; but, in case of a failure of choice by the electors, the senate was to choose the presi dent, leaving the vice-presidency to the other person having the highest number of electoral votes. The next day another report from the committee of detail gave the senate power to alter or amend money bills. All these new provisions were adopted in the next three days, except that the election of the president was transferred to the house. The constitution of the senate was not further altered, except that the provision was unanimously added, Sept. 15, that no state should be deprived, without its consent, of its equal suffrage in the senate. As a rough summary, we may say that the fundamental idea of the senate was brought in by the compromise of July 5, and that it took almost complete shape, as it now stands, Sept. 4. Alterations at other periods of the convention were comparatively unimportant; and, since the adoption of the constitution, its provisions with regard to the senate have never been altered, except by giving to that body, in 1804, the choice of the vice-president when the electors failed to choose. — In the form which it finally took and has since retained, the senate is a body composed of two members from each state, voting per capita. In 1803, Tucker said, of the number of senators, that "it is not probable that it will ever exceed fifty." The number is now (1883) seventy-six, from thirty-eight states. How far this may be increased in the future can not even be guessed. It is true that there are but eight available territories remaining (see TERRITORIES); but there are many indications that the process of forming new states may be turned to the division of old states. (See State Rights, under STATE SOVEREIGNTY.) Sena tors are to be at least thirty years old, nine years | lative matters the senate holds an equal rank with citizens of the United States, and inhabitants of the house of representatives (see, in general, CONthe states for which they are chosen. They are GRESS); it may not originate bills for raising revchosen by the state legislatures for six years; and enue, but it may propose or concur with amendcongress may at any time, by law, make regula- ments, as on other bills. Its officers are much the tions, or alter state regulations, as to the manner same as those of the house (see HOUSE OF REPREand time of their election, but not as to the place. SENTATIVES); but it has no such binding code of For many years there was hardly any field for rules of order and debate. In place of them it political manœuvre more fertile than this of the relies on the "courtesy of the senate," which choice of senators by the legislatures. In some the older senators of all parties unite in mainstates senators were elected by concurrent vote of taining; and vivacious graduates from the house the two branches of the legislature; in others, by of representatives are rapidly chilled down to the joint convention; in others, a concurrent vote was orthodox temperature of debate in the senate. first to be tried, and then, if necessary, a joint The vice-president presides, but has no vote, exconvention. In all the states there were chances | cept in case of a tie. In presiding, he is but the for intrigue which were not neglected. A party spokesman of the senate, and is expected merely majority in one house would refuse to go into a to express its will, or in doubtful matters to call joint convention in which it was certain to be upon it for an expression of its will. He addresses beaten; or would resign or absent themselves. the members only as senators a brief and (See, for example, INDIANA.) One of the most impressive mode introduced by vice-president Calcurious of these manœuvres took place in Newhoun, instead of the form previously in use, York, in 1825. (See that state.) Finally, the act "gentlemen of the senate.' (For the succession of July 25, 1866, regulated the manner of election. to the presidency, see EXECUTIVE, V.)— In addiEach house of the legislature is to vote viva voce tion to its legislative functions the senate has pefor senator, on the Tuesday following its organi- culiar executive and judicial characteristics, which zation. On the following day the houses are to greatly increase its dignity and importance. Its hold a joint meeting. If it appears that the same power to confirm the president's nominations is person has received a majority in each house, he is fully treated elsewhere. (See CONFIRMATION BY elected. If not, the joint meeting is to take at THE SENATE, TENURE OF OFFICE.) It sits as a least one viva voce vote a day during the session of court to try impeachments preferred by the house the legislature, until some person shall receive a of representatives. (See IMPEACHMENTS.) It has majority of all the votes of the meeting, a majority the power to advise and consent to treaties made of each house being present. In the case of a va- by the president, and they are not valid until so cancy occurring during the session of the legisla- ratified. (See JAY'S TREATY.) It is even held, ture, the same course of procedure is to begin on on good authority (see Curtis, as cited below), the Tuesday after the notice of the vacancy is re- that the senate may propose a treaty to the presiceived. If a vacancy occurs when the legislature dent; and this interpretation is certainly rather is not in session, the constitution empowers the unusual than strained. In transacting its execugovernor to fill it by appointment until the legis- tive business, the confirmation of nominations and lature meets. When the first senate was organ- treaties, the senate acts in secret. Many unsucized, ten states were represented. May 14, 1789, cessful efforts have been made to make these dethey were divided into three classes: one of six bates public. The senate chamber is in the cenmembers, the other two of seven each. One tre of the north wing of the capitol at Washingmember of each class then drew lots, the class ton, and its simplicity of appearance harmonizes drawing number one to serve two years, number well with the proceedings of the senate. The two to serve four years, and number three six senate committees are forty-two in number, the years. The classes were so arranged that no two most important being, as a general rule, the comsenators from one state fell in the same class. As mittee on foreign relations.-See 5 Elliot's Debates the other three states sent senators they were as- (index under Senate); The Federalist, lii.-lxvi.; 2 signed by lot in the same way, a blank being so Curtis' History of the Constitution, 417 (and also used as to keep the classes even. As the terms of index under Senate); Story's Commentaries, §§ the classes expired, their successors were elected 688, 1499 foll.; Poore's Manual of the Senate; the for six full years. Senators from new states are so act of July 25, 1866, is in 14 Stat. at Large. assigned as to keep the three classes nearly even. ALEXANDER JOHNSTON. Thus one-third of the senate goes out of office every two years; but there is never any complete alteration of its membership at one time. Theoretically, it has been the same body since 1789, in spite of the periodical changes in its constituent elements. This permanence seems, from the debates of the convention, to have been intended mainly to give foreign nations a sense of security as to the treaty power of the United States; but it has had important influences in every direction. In legis SERGEANT-AT-ARMS. (See PARLIAMENT ARY LAW.) SERGEANT, John, was born at Philadelphia, Pa., Dec. 5, 1779, and died there, Nov. 23, 1852. He was graduated at Princeton, in 1795, was admitted to the bar in 1799, and was a federalist congressman 1815-23 and 1827-9. In 1832 he was the whig candidate for vice-president, and was defeated. (See WHIG PARTY, I.; ELECTORAL VOTES, XII.) He was again in congress as a whig, 1837-41. A. J. SERVIA, Principality of. A semi-sovereign state, the youngest member of the European family, to use the expression of an English publicist, formed of a part of the old Servian empire founded by Douchan the Strong in the fourteenth century, the dismemberment of which followed soon after the death of that prince (1356). After the fatal day of Kossovo (1389), which paved the way for the subjection of the different Slave states of Turkey in Europe, the Servians acknowledged themselves vassals of the Ottoman porte by virtue of particular agreements, the tenor of which recalls the capitulations concluded about the same time between Turkey and Moldo-Wallachia, and which succeeded no better than the latter in protecting the national independence. Deprived of its despotes, or native chiefs, Servia was gradually reduced to the condition of a simple paschalic, until the day when, at the call of Kara-George and Miloch, it rose en masse against its oppressors, and alone, without other aid than its courage and the diplomatic assistance of Russia, forced, after twenty-two years of fight and negotiation (1804–1826), the porte to restore to it a part of its former rights. In 1826 the additional act of the convention of Akkerman (Oct. 7), confirmed three years after by the treaty of Adrianople, raised Servia into a tributary principality of the Ottoman porte, with the privileges of an independent internal administration. These privileges were stated and specified in a Hatti-shérif of Sultan Mahmoud, dated Aug. 3, 1830, which fixed the limits of the new state, and recognized, by a berat dated the same day, Miloch and his descendants forever as kniazes (princes) of Servia: a title which had been unanimously conferred upon the liberator three years before the Servian grand skoupchtina (national assembly). A second Hatti-shérif, promulgated in December, 1838, framed the oustav, or Servian statute, in sixty-six articles relative to the government, administration, finances, etc. -The rights and immunities derived from these Hatti-sherifs received a new sanction by the treaty of Paris of 1856, which abolished the protectorate that Russia had established over Servia, substituting for it the collective guarantee of the contracting powers, and stipulated, at the same time, for the neutrality and inviolability of the Servian territory, as may be seen from articles twenty-eight and twenty-nine, worded thus: "Art. 28. The principality of Servia shall continue to depend upon the sublime porte, in conformity with the imperial Hattis which fix and determine its rights and immunities, placed henceforth under the collective guarantee of the contracting powers. Consequently, the aforesaid principality shall preserve its independent and national administration, as well as full freedom of conscience, legislation, commerce and navigation. Art. 29. No armed intervention shall take place in Servia without previous agreement between 164 VOL. III. 45 the high contracting powers." The situation of Servia, stationary during the reign of Alexander Karageorgevitch (September, 1842, to December, 1858), was improved both externally and internally in consequence of the revolution which called the Obrenovitchs to the throne. In 1862 the Turks consented to evacuate the fortresses of the Danube and the Save, with the exception of Belgrade, Semendria and Chabatz, which, in turn, were not long afterward restored to the Servians (1867). Two years after (July, 1869), the oustav was abolished by the skoupchtina, and replaced by the constitution which now rules Servia. Political State. It results from the preceding that Servia enjoys exactly the same rights as a state, and is placed in the same position toward Turkey, as Roumania. Like the latter, its government and administration are completely independent of the suzerain power, to which it is only obliged to pay an annual tribute of 4,600 Turkish purses. It furnishes neither troops nor money in time of war. It preserves its national flag of tricolor bands with the arms of the principality embroidered in relief (a field of gules with a cross of silver, strewn with four sabres, and surmounted by a crown), and maintains at Constantinople, like Moldo Wallachia, an agent or resident (kapou kiaïa) accredited to the porte. · Area and Population. The area of the principality is estimated at 49,500 square kilometres. It forms five great territorial circumscriptions, divided, for administrative purposes, into seventeen departments (eighteen with the city of Belgrade), subdivided into sixty arrondissements, comprising 1,199 communes, of which forty are city communes and 1,159 are rural communes, with 2,200 villages. The population amounted, according to the census of 1866, to 1,215,576, as follows: Servians, 1,057,540; native Wallachians, 127,326; Jews, 5,539; and Bohemians (gypsies), 25,171. The domiciled foreigners (6,960) are not included in this number. Government. The government is a constitutional monarchy, hereditary in the family of Obrenovitch. The prince, or kniaz, with the title of most serene highness, as well as the domnu of Roumania, exercises the powers and enjoys the prerogatives devolving upon the sovereign in constitutional states, promulgates the laws and ordinances, appoints the public officials, commands the military forces, signs agreements and treaties, and alone represents the nation with foreign powers. He governs with the aid of responsible ministers. The number of ministerial departments, limited to three by the oustav of 1838, was raised to seven by the law of 1861, interior, finances, foreign affairs, justice, public instruction and worship, war, public works. The prince shares the legislative power with the national assembly (skoupchtina). There are two kinds of skoupchtinas: the ordinary skoupchtina, which assembles every year, and the extraordinary or grand skoupchtina, convoked only in certain exceptional and fixed cases. The ordinary skoupchtina is composed of representatives elected by the nation, and of deputies (one-third) appointed by the executive power. Every tax-paying Servian is an elector at twenty-one years of age; every elector paying thirty francs tax is eligible. The constitution guarantees to the citizens equality before the law, individual liberty, religious liberty, liberty of the press, and the abolition of confiscation. - Administration. The departments (okroujie) are administered by prefects (natchalnik), the arrondissements by subprefects appointed by the government; the communes by kmètes elected by the inhabitants, and fulfilling both the functions of mayors and justices of the peace. - Justice. Justice is administered: 1, by a court of appeal (Belgrade), divided into three chambers; 2, by a court of appeal also sitting at Belgrade; 3, by tribunals of first resort sitting in chief towns of the departments; 4, by rural courts, established from time immemorial in each commune, and composed of the kmète and two assessors. The jury system was introduced in 1871, but only for certain cases. The proceedings before all the tribunals are public and oral. The death penalty is no longer inflicted in political offenses. Moreover, | it is resorted to only in cases of premeditated murder. The duration of the punishment of forced labor or of imprisonment can not exceed twenty years. - Public Instruction. According to published official accounts, there were in the principality, at the end of the scholastic year 1870-71, 484 communal schools, which furnish only elementary instruction, eighteen establishments of secondary instruction, one academy (Belgrade), composed of three faculties (law, science and philosophy); in all, 505 establishments, attended by 27,761 pupils (10,973 in 1861), which is only an average of 24 to every 100 inhabitants. But it is only just to remark that before 1830 Servia did not possess a single school, and that instruction was so far from being general, that the two founders of Servia's independence, KaraGeorge and Miloch, did not even know how to read. Instruction in all the schools is gratuitous; primary instruction is, in a certain measure, obligatory. Worship. The prevailing religion is the Greek Catholic. All other creeds are freely professed. The Servian church is autocephalic (autonomous), that is, it governs itself, entirely independent of the ecumenical patriarchate of Constantinople, by a synod composed of the archbishop of Belgrade, metropolitan of Servia, and three diocesan bishops of Chabatz, Négotine and Oujitze. The four dioceses together contained, in 1871, 379 churches and chapels, with 742 priests, and 42 monasteries, with 135 monks. The bishops are chosen by the synod and confirmed by the prince. The metropolitan is appointed directly by the synod. — Internal Relations. The principality maintains official relations: 1, with the Ottoman porte by means of a Servian chargé d'af faires at Constantinople; 2, with the six guaranteeing powers (France, Austria, Great Britain, Italy, Prussia, Russia) through the medium of agents and consuls general of these powers accredited to the prince at Belgrade; 3, with Roumania, by means of the Servian agency at Bucharest (1862), and the Roumanian agency at Belgrade (1863). The principality also sends a delegate to the permanent river commission of the Danube, established by article seventeen of the treaty of Paris. — Military Forces. The military forces are composed of two distinct elements, although each completes the other: the standing army, which is, properly speaking, only a collection of the organizations of different sorts; and the militia, the organization of which resembles somewhat that of the Prussian landwehr. The first, which is recruited by lot, does not exceed 4,000 men. The second, composed of all the citizens from twenty to fifty years of age who do not form part of the standing army, is divided into three classes or bans. The first ban, formed of men from twenty to thirty years of age, has an effective force of 68,364 men, infantry, cavalry and artillery, divided into five commands, or voivodies.—Finance. There are few countries in which the finances are administered with more wisdom than in Servia. Almost all the budgets show an excess of receipts. Thus the budget year 1870–71 showed an excess of receipts of 1,352,281 francs, out of a total of 14,309,242 francs. The principal sources of revenue are the direct taxes (7,661,200 fr.) and the customs (2,363,296 fr.). Among the expenditures (12,956,096 fr.) figure the general services of the ministries for a total of 10,765,090 francs, the civil list of the prince (504,000 fr.), the tribute to the Ottoman porte (494,027 fr.), the dotation of the legislative bodies (163,461 fr.), etc. Commerce. The value of the imports for the four years 1868-71 presents an annual average of about 25,000,000 francs. The average of the exports for the same period was 29,426,100 francs. In 1868, in consequence of the extreme abundance of cereals, it rose to 38,000,000. The principal articles of export are: hogs, cattle, wool, hides, tallow, suet, brandy (plum) and cereals, which, until 1865, figured among the articles of import.* A. UBICINI. *The independence of Servia from Turkey was established by article thirty-four of the treaty of Berlin, signed July 18, 1878, and was solemnly proclaimed by Prince (now King) Milan at his capital, Aug. 22, 1878. The revenue of Servia is derived chiefly from direct imposts, including a general capitation tax, classified as to rank, occupation and income of each individual, and which is assessed, in the first instance, on the different communes or parishes. The budget for 1883 is as follows: revenue, £1,392,000; expenditures, £1,391,000; showing £900 surplus; and being an increase of revenue to the amount of £86,500 over the previous year. The increase (about the same) in the expenditure is chiefly due to the expenses incurred in reorganizing the Servian army on the German system. The national debt is about £5,500,000, £3,500,000 being incurred for the new railway (Belgrade-Vranja), the interest and amortization of which, during fifty years, is 6 per cent.; £1,500,000 for a lottery loan, to repay the war requi sition; £250,000 due to Russia; and £250,000 incurred in 1882 to pay the claims of the disinherited Turks in the annexed provinces. The interest and expenses on the debt amount to £310,000 in the budget for 1883.-The standing army of Servia, on a peace footing, is 9,710 men-infantry, artillery, engineers and cavalry. Besides the standing army, there is the national militia; so that, on paper, in 1882, the total war force of Servia amounted to 210 battalions, with 225,000 men in all. SESSIONS OF CONGRESS. (See CONGRESS, SESSIONS OF.) SEWARD, William H., was born at Florida, N. Y., May 16, 1801, and died at Auburn, N. Y., Oct. 10, 1872. He was graduated at Union in 1820, was admitted to the bar in 1822, and entered political life as an "anti-mason." (See ANTIMASONRY.) He was a member of the state senate 1830-34, and, on the union of the various elements of opposition into the whig party, he became its candidate for governor. Defeated in 1834, he was elected in 1838 and 1840. In 1849, he became United States senator from New York, and at once became the most prominent of the anti-slavery whigs. He had organized a faction of his own way of thinking in the state, in opposition to the Fillmore, or "silver gray," whigs, and seems to have believed that he would finally be as successful with the national party. The attempt was a failure; but Seward's speeches in the senate made him the acknowledged leader of the new republican party from its first organization. In one of them, he made the startling assertion that there was a higher law in politics than the constitution. But the vigor of his speeches had made him a dangerous candidate for a new party; and, although he confidently expected the nomination for the presidency in 1860, it was given to Lincoln. Nevertheless, he became Lincoln's secretary of state in 1861, and served until 1869. (See ALABAMA CLAIMS, RECONSTRUCTION.) See Baker's Life of W. H. Seward; Welles' Lincoln and Seward; C. F. Adams' Memorial Address on Seward; Jenkins' This army has 810 officers, and some 300 pieces of artillery. The army is, however, being reorganized on the German system. By the new law every able-bodied Servian will be in the army from his twentieth to his fiftieth year. At twenty he enters for two years the regular army, afterward passing into the reserve until he reaches his thirtieth year. From thirty to thirty-seven he is in the first-class militia, and from thirty-seven until fifty in the second-class militia. The in men. Governors of New York, 607; Savage's Living Representative Men, 404; W. H. Seward's Works. ALEXANDER JOHNSTON. SEYMOUR, Horatio, was born in Pompey, Onondaga county, New York, in 1811, studied and practiced law for a time, and was elected mayor of Utica in 1840, and member of the legis lature in 1841. He there became one of the leaders of the conservative, or hunker, democrats, supporting Gov. Bouck's administration. In the democratic dissensions which followed, he took no active part on either side, and, in 1850, was unanimously nominated for governor by a united convention of all the factions, and was beaten by about 300 votes in a poll of about 430,000. In 1852, he was again nominated, and was elected. In 1854, he was again the regular candidate in the "scrubrace" of that year, and was defeated by Clark, the fusion (afterward republican) candidate, by 309 votes. In 1862 he was again elected governor, by about 11,000 majority over Wadsworth, republican. (See DRAFTS.) His party orthodoxy, together with his moderate and conciliatory course, had long since made him the recognized leader of the New York democratic party; and the inclination toward him spread until, in 1868, the national convention nominated him, against his own desire, for president. He was defeated, and has since refused to take any active part in politics. (See DEMOCRATIC PARTY, VI.) See Savage's Representative Men, 428; Jenkins' Governors of New York, 706; Croly's Lives of Seymour and Blair (1868); McCabe's Life of Seymour (1868). SHERMAN, John, was born at Lancaster, O., May 10, 1823, was admitted to the bar in 1844, and entered political life as a whig. He was a republican congressman from Ohio, 1855-61, and United States senator, 1861-77. He then became secretary of the treasury under Hayes, serving with such brilliant success that, in 1880, he was one of the three leading candidates for the republican presidential nomination. (See REPUBLICAN PARTY, III.) See Sherman's Select Speeches and Reports. A. J. SHIMONOSÉKI INDEMNITY. The town fantry will have fifteen battalions, and the cavalry two regiments. The total war force will be 135 battalions, with 160,000 Servia had, in 1883, a population of nearly 1,750,000. The inhabitants are almost entirely Slaves, the Turkish population on the territory (4,250 square miles) acquired from Turkey by the Berlin treaty having rapidly disappeared. There are less than 2,000 Jews (who have much of the commerce of the country in their hands). The gypsy population, it is stated, is turning to the cultivation of the land, on the advantageous terms offered to them by the government. The state is divided into twenty-one counties. In religion Servia is almost independent of the patriarch of Constantinople. There are about 10,000 Roman Catholics, chiefly subjects of AustriaHungary, with about 460 Protestants. The excess of births over deaths amounted to 15,355 in 1880, and to 36,830 in 1881. The chief trade of Servia is with Austria. Besides, with that country, as remarked above, commercial intercourse is mainly carried on with France, the United States, Turkey and Roumania. The total imports are officially valued at about £2,000,000, and the exports at considerably less, mainly to and from Austria and Turkey. Live animals are the chief article of export, particularly pigs, which are kept in countless herds, feeding on the acorns which cover the ground for miles. Large quantities of cereals, hides and prunes, are also exported. The commercial resources of Ser-oming, attacked the batteries, and sunk two vesvia are as yet wholly undeveloped, chiefly for want of roads, but a railway from Belgrade to Vranja is being constructed. 'There are 1,870 miles of telegraph.-F. M. of Shimonoséki commands the narrow straits leading into the Inland sea from the sea of Japan, which, at this point, are about a half-mile wide. On June 25, 1863, in obedience to orders from the mikado to close the straits, the clansmen of Choshiu fired on the American steamer Pembroke, but without injury to the vessel. On July 16, by order of the minister of the United States, Capt. McDougall, of the United States steamship Wy sels moored under them. French and Dutch vessels, being fired on, also shelled the batteries, the |