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belonging. And I do renounce, refuse and ab terms for substituting from time to time the name jure any allegiance or obedience to him. And of the reigning sovereign. In 1766, upon the I do swear that I will bear faith and true alle pretender's death, the oath of abjuration was giance to his majesty King William, and him made appropriate to the new state of things by will defend to the utmost of my power against inserting the words “not any of the descendants all traitorous conspiracies and attempts what of the person who pretended to be the prince of soever which shall be made against his person, Wales,” etc. In this form the oaths remained crown or dignity. And I will do my best en for nearly a century, affected only by a certain deavours to disclose and make known to his number of special exemptions. The most immajesty and his successors all treasons and portant of these was made by the Catholic emantraitorous conspiracies which I shall know to be cipation of 1829. The act which effected this against him or any of them. And I do faithfully (10 Geo. IV., c. 7) allowed Roman Catholics to sit promise to the utmost of my power to support, in parliament, taking, instead of the oaths of maintain and defend the limitation and succession allegiance, supremacy and abjuration, a single of the crown against him the said James and all modified oath containing the substance of them other persons whatsoever as the same is and expressed in a milder form. The Catholic memstands limited (by an act instituted an act declar- ber was required, instead of detesting and abhoring the rights and liberties of the subject and ring the “damnable doctrine and position," to settling the succession of the crown) to his maj “ renounce, reject and abjure the opinion” that esty during his majesty's life, and, after his excommunicated princes might be deposed or mur. majesty's decease, to the Princess Ann of Den- dered; and to disclaim the belief that the pope of mark and the heirs of her body being Protestants, Rome or any other foreign prince had or ought and for default of issue of the said princess to have any temporal or ciril jurisdiction, etc., and of his majesty respectively, to the Princess within this realm. The words “upon the true Sophia, electoress and duchess dowager of Hano- faith of a Christian” were for some ver, and the heirs of her body being Protestants. omitted, and the oath concluded thus: “And I And all these things I do plainly and sincerely do solemnly, in the presence of God, profess, acknowledge and swear according to these express testify and declare, that I do make this declarwords by me spoken, and according to the plain ation, and every part thereof, in the plain and and common sense understanding of the same ordinary sense of the words of this oath, withwords, without any equivocation, mental evasion out any evasion, equivocation or mental reservaor secret reservation whatsoever. And I do make tion whatsoever." This act contains, for the this recognition, acknowledgment, abjuration, first time, a standing direction to substitute in renunciation and promise, heartily, willingly and the form of the oath, as may be required, the truly, upon the true faith of a Christian. So help name of the sovereign for the time being. — All me God.” — This oath was in addition to the oaths this time the penalties of the statute of 1714 of allegiance and supremacy prescribed by the against a member of parliament who voted with. acts already mentioned of the first session of out having taking the oaths (or, in the case of William and Mary's reign, not by way of substi a Catholic, the special oath provided by the tution for them. It will be observed that the Catholic relief act), continued in force, and very words “upon the true faith of a Christian " now alarming they were. In addition to the pecunreappear. In Queen Anne's reign the only alter- iary forfeiture of £500, they included disability ations made were, first to put Anne's name for to sue in any court, to take a legacy, to hold William's, and then to leave a blank to be filled any office, and to vote at parliamentary elections. in with the name of the sovereign for the time Disability to be an executor, which is also in the being. *
The accession of George I., in 1714, gave list, would at this day be regarded by many peroccasion for a full re-enactment of the oaths of sons as rather a benefit than otherwise. - The next allegiance, supremacy and abjuration, in what step was in consequence of the persistent endeavwould now be called a consolidating act. (1 Geo. ors made through several years to procure the reI., st. 2, c. 13.) All persons holding civil or mil moval of Jewish disabilities. It would be too long itary office, members of foundations at the uni to trace the history of this movement through its versities, schoolmasters, “preachers and teachers various stages; and the episode of Mr. Salomons' of separate congregations,” and legal practition- gallant attempt to take the position by a coup de ers, were required to take the oaths; besides which, main has now lost its interest for most people they might be tendered by two justices of the except lawyers who have a taste for ingenious peace to any one suspected of disaffection. Mem argument on the construction and effect of bers of both houses of parliament are, as before, statutes. In 1857 Mr. Salomons, being duly specially forbidden to vote without taking the elected for Greenwich, took the oath on the Old oaths. The form was settled by inserting the Testament, omitting the words “upon the true name of George in the blank left by the last statute of Anne, but no provision was made in + One of the minor points taken by Mr. Salomons' coun
sel was that, as the act of George III. did not authorize * 1 Anne, c. 16, 4 & 5 Anne, c. 20; and as to Scotland, the insertion from time to time of the reigning sovereigns' 6 Anne, c. 66 (Statutes of the Realm, c. 14, in other edi. names, it expired at the end of the reign, or at all events tions).
when there ceased to be a king named George.
faith of a Christian"; he was sued for the statu list enacted by earlier statutes. This act was extory penalty, as having sat without taking the cellent as far as it went, but it applied only to oath; and it was decided (with one dissenting members of parliament. It is the fate of English voice, but a weighty one)* that these words were legislation to be carried on as best it can, piecea material part of the oath, and could not be dis- meal, and at odd times. Measures which excite pensed with otherwise than by legislation. At opposition pass through a struggle in which they last, in 1858, a very odd and peculiarly English are lucky if they escape without maim or grave compromise was arrived at after the house of disfigurement. As to those which do not excite lords had rejected bills sent up from the commons.opposition, it is for that very reason of no apBy one act (21 & 22 Vict., c. 48) a simplified form parent political importance to push them on, and, of oath, but still containing the words “ upon the as it is worth nobody's while to be much interested true faith of a Christian," was substituted for the in them, they have to take their chance. In this oaths of allegiance, supremacy and abjuration in all case an act of the following year (the office and cases where they were required to be taken. The oath act, 1867, 30 & 31 Vict., c. 75) authorized the application of this enactment to clerical subscrip-new parliamentary form of oath to be taken in all tions was afterward more especially regulated by cases where the oath of allegiance was required the clerical subscription act, 1865 (28 & 29 Vict., c. as a qualification for office. Finally, the promis122). Then, by a separate act (21 & 22 Vict., c. sory oaths act of 1868 (31 & 32 Vict., c. 72) cut 49), either house of parliament was empowered to down the oath of allegiance in all cases to the form permit by resolution “a person professing the already given at the beginning of this paper, and Jewish religion, otherwise entitled to sit and vote substituted a declaration for an oath in the great in such house,” to take the oath, with the omis-majority of cases where an oath was formerly sion of the words, “and I make this declaration required. Still the work of simplification was not upon the true faith of a Christian.” It was also formally complete. A repealing act was passed provided, that in all other cases where the oath of in 1871 (34 & 35 Vict., c. 48), which struck off the allegiance was required to be taken by a Jew, statute book a long list of enactments imposing these words might be omitted. Such an exemp- oaths for various purposes on various persons, tion had once already been given by parliament and others partially amending or repealing them, in the eighteenth century, but, after the fashion of from the middle of the fourteenth century down. legislation in those days, only on a special occasion ward. And so the story ends for the present; and for a limited purpose; and more recently to England no longer stands in fear of pope or preenable Jews to hold municipal offices. The act tender, and the modern oath of allegiance, deof 1858, being general in its terms, is a full statu- vised for the protection of the realm against foetory recognition of the civil equality of Jews with men and conspirators, and swollen with strange other British subjects, which, though long allowed imprecations and scoldings, is brought back to the in practice, had never yet been expressly declared. more plain and seemly fashion of the ancient - At length, in 1866, we come out into the day- oath of fealty. Yet our English ancestors were light of modern systematic legislation.
not capricious in the elaborate safeguards which liamentary oaths act of that year (29 Vict., c. 19) they built up again and again round a ceremony swept away the former legislation relating to the originally of the simplest. Every clause and oaths of members of parliament, and prescribed almost every word in the statutory oaths of allethe following shortened form: “I, A B, do giance, supremacy and abjuration was directed swear that I will be faithful and bear true alle against a distinct and specific political danger. giance to her majesty Queen Victoria; and I do It is unhappily true that examples of repressive faithfully promise to maintain and support the legislation against mere speculative opinions, succession to the crown, as the same stands lim- though less common in England than elsewhere, ited and settled by virtue of the act passed in are by no means wanting. But the political test the reign of King William the Third, instituted oaths do not belong to this class. They were 'An act for the further limitation f of the crown,
framed to discover and bring to punishment, or and better securing the rights and liberties of the to disable and exclude from privileges, not the subject,' and of the subsequent acts of union holders of theological opinions as such, but persons with Scotland and Ireland. So help me God." holding opinions, of which, rightly or wrongly, – For not taking the oaths only the pecuniary disloyal and seditious behavior was supposed to penalty of £500 was retained out of the terrible be the necessary or highly probable result. The
attempt lately made, and for the present made with Sir Samuel Martin's, then a baron of the exchequer, and
success, to use the parliamentary oath as a relig. now the only survivor, as it happens, of the judges before ious test, and thereby exclude a person obnoxious wbom the case was argued.
to a majority of the house of commons, partly for + The oaths of allegiance, etc., were enforced on the theological but much more for politica, and social clergy by Charles II.'s act of uniformity and various other
reasons, has nothing to justify it in English hisstatutes. The taking of them was part of the ordination service until separated from it by
tory, or in the traditions of English politics. It is | It may be worth while to explain to lay readers that
an unhappy example of the ignorance and conthis does not mean limiting the powers of the crown, but
fusion of mind concerning the institutions of their defining the course of the succession.
own country which are still too common among
English legislators. (See ALLEGIANCE, and the protection. It will never grant that an individual note to the preceding article.)
can bind it without a commission to do so, and it FREDERICK POLLOCK. is free not to ratify the taking of possession; but
if it wishes to accord its protection, if it consents OCCUPATION. I. Of the different mean to cover with its flag the domain which has come ings of this word, that which has the longest ex to it by accession, it must do so by a formal or ercised the ingenuity of publicists relates to the express act; it is for the government to take posmanner of acquiring lands which up to the time session. The official occupation of land without of acquisition had no owner. The occupation of an owner, by the agents of a government, constisuch lands, that is, the taking of effective posses- tutes a mode of acquisition fully recognized by sion of them, is one of the means of obtaining the international law. This mode of acquisition has right of property in them. The individual who been used and abused, but in proportion as the discovers an uninhabited island, which constitutes earth becomes peopled, there is less occasion to no part of an established state, may appropriate have recourse to it. — II. Up to this point there it, cultivate it and dispose of it, and the more has only been in question the occupation of a terrilabor he expends upon it the less contestable is history without an owner, but there is also such a title thereto. If the island forms part of a state, thing as the occupation of an inhabited country. he can not acquire the ownership of it, unless the A victorious army, which invades a country, ocflaws recognize the rights of the first occupant, or cupies it in part or in whole, and sometimes during he can acquire these rights only on the conditions a long period. We shall not stop to discuss an provided by the laws of the country. Thus, in the occupation which lasts days or weeks, and the United States, the land which belongs to no one in near end of which may be foreseen. The irrvader particular forms part of the domain of the Union; should be humane, should demand only those it is not, strictly speaking, without an owner; and things which he needs for his support, and should hence the first occupant has only a limited right, the destroy nothing, except to defend himself or as an right of pre-emption of such land. But to proceed act of war. He should not destroy simply for with the hypothesis of a desert island. A Euro- the sake of destruction. If the occupation is a pean, let us suppose, discovers such an island in the lengthy one, matters become complicated, and a Pacific ocean, and takes effective possession of it. great number of questions arise. In such case It does not suffice for this purpose to erect a post, evidently the power which occupies a country has and nail a board to it, with a notice of the taking become its master; it exercises there the rights of of possession, and do nothing further; the occu- sovereignty, levies taxes, makes the necessary laws, pation and exploitation of the land are absolutely and, if need be, administers justice; but it posnecessary. Our European is assuredly the pro sesses only sovereignty de facto, and not soverprietor of this island by private title, or from the eignty de jure. Thus, the inhabitants do not lose standpoint of the civil law, but is he also its their nationality, the civil relations between the political lord? He can only be so in one case; if citizens of the country occupied remain intact, he has previously freed himself from the bonds and the laws continue in force, save those which which attach him to his own country. As long the conqueror has expressly repealed, modified or as he remains a Frenchman, a German or an suspended. A crime committed during the occuEnglishman, his status follows him, his country pation is punishable by the tribunals of the counretains its rights over him, he nationalizes or nat. try, even after the conclusion of peace. An alien, uralizes the objects which become his property, even if he belongs to the nationality of the confor, in many respects, property, at least movable queror, but is not a part of the army, remains subproperty, is an accessory of the man. The power ject to the laws of the invaded country, and he of a citizen, however, to cause an accession of may, if the statutes of limitation do not prevent land in favor of his country is not unlimited, it, be arrested after the declaration of peace, for for the power of his country is not unlimited. the crimes he may have committed at a time when Just as his personal status follows him wherever the courts perhaps were not in a condition strictly he goes, while his real status (immovable prop- to enforce the law. – Unless the commander of the erty) necessarily remains subject to the territorial invading army decides to the contrary, the adminlaws of his country; so his right of extending the istrative authorities may remain at their posts, boundaries of the nation to which he belongs may and maintain their governmental order. The be contested. In other words, the right of an in courts may continue to administer justice, and it dividual to take possession of land in the name of is even their duty to do so as long as there are no his government may be questioned. The law on serious moral or material obstacles in the way. this point is not well settled, for the reason that They administer justice in the name of their sovthe facts in cases of this kind have not greatly creign. In the Franco-German war a very peculvaried. An individual might live on an island, iar difficulty arose. During the war, the revolution lost in the ocean, and enjoy sovereignty, because of the 4th of September having changed the form no one cares to disturb him. He might also feel of the French government, and the Germans not the need of protection, and ask it of his native having yet recognized the republic, they thought country; but the latter is the judge of what he that they could not permit justice to be adminismay with propriety do. It can grant or refuse its | tered in their presence, in the name of the repub
lic, without seeming to recognize it; they there- | islands are divided into high and low. The forfore requested that the court of Nancy and several mer are, in almost every case, of volcanic origin other courts should sit in the name of the “occu- and mountainous; they are the largest and most pying governments," which these courts rightly important in all the groups, and have a fertile refused to do. The Germans were doubly mis- soil; the low islands, on the contrary, are mostly taken: first, in asking that justice should be admin- but ring-like rocks of coral rag, encircling a body istered in their name; and secondly, in supposing of water. The waves of the ocean often carry that the administration of justice in the name seeds from great distances to these barren coral of the republic implied on their part a recognition reefs and deposit them there. These seeds deof its government. They were supposed, or might velop into graminous plants or trees; aquatic birds have been supposed, to ignore the proceedings of visit the yet destitute strip of land, and shortly the courts, as long as the magistrates had nothing afterward there appear insects and amphibia, car to do with the war, and their judgments and ried thither by the waves on living trees. - The decrees affected only private interests. — III. We area of Oceanica, by far the greater part of which have again the occupation of a country by way of is situated between the tropics, may, according to pledge, as for instance, for the payment of a war an approximate estimate, the only one possible, be indemnity. In cases of this kind the details of 1,156,000 square kilometres. All the islands and the mode of occupation are generally regulated groups of islands of Oceanica may be divided into by treaty. However, as a state of peace has here three great principal divisions, based upon differsucceeded that of war, all public services are re ences in the physical conformation, and in the sumed and directed by the national government, institutions and manners as well as in the lanand the commander of the army of occupation guages of the natives. Melanesia (or West Polyhas no power but such as is necessary for the nesia) comprises the islands, extending from west security of his troops. He can not levy taxes, to east, thence southeast, which encircle the nor demand any contributions except those stip- | Australian continent like a wreath. To these ulated for in the treaty; but if the local author- islands belong the extensive island of New Guinea ities are unable to preserve his safety, he has the with the neighboring groups, the Luisiad archiright to protect himself. The inhabitants of the pelago, the archipelago of New Britain and the occupied country should have the patriotism to Admiralty islands, the Salomon islands, the Queen aroid giving him any serious ground of complaint. Charlotte islands, the New Hebrides, New CaleA calm dignity is always more noble than daring donia and the Loyalty islands. The islands of but ill-judged annoyance. Occupation may also Melanesia are inhabited by the Papuas, a dark be a mode of coercion, of compelling the fulfill- skinned people, who are also called Negritos or ment of a contract. For example, if one of the Australian negroes, on account of there being some German countries did not submit to some one of similarity between them and the natives of Afrithe provisions of the federal constitution, the em To Polynesia belong the following islands peror might send troops of occupation into such and groups of islands : New Zealand, the Fiji country, which would act as a sort of bailiff at islands, Tonga, Samoa, the Hervey islands, the the expense of the country occupied. But the Society group of islands, the Australian islands, state of peace would not necessarily be interrupted, the Tuamotu, the Marquesas, and the Sandwich and the civil authorities would continue to dis or Hawaiian islands. In New Zealand the Eurocharge their functions as usual. These two kinds pean population prevails at present. The Fiji of occupation may be considered as legal meas islands are accounted as belonging to Polynesia, ures, but history has also recorded, and much too because the inhabitants of these islands, although frequently, occupations more or less well (we Melanesians as far as their language and physical should say illy) justified by policy. These occu conformation are concerned, possess the same pations being made outside of the provisions of degree of civilization as the Polynesians. The international law, publicists can scarcely think of islands of Polynesia are inhabited by a light laying down rules for them. MAURICE BLOCK. brown, well formed race of men, accessible to civ
ilization, good seamen, and somewhat resembling OCEANICA. Under this head, although con tha Malays. By the term Micronesia is desigtrary to the custom of geographers, we propose to nated the group of islands situated in the northtreat of both Oceanica and Australia. — I. OCE- western part of the Pacific ocean, and extending ANICA. By the name Oceanica are designated all north and west near the coasts of Japan and the the islands scattered in the Pacific ocean, from Philippine islands; this group of islands is inhabthe coasts of Asia and the Indian ocean to the ited by that part of the Polynesian race which coasts of America. The most northerly of the differs from the Polynesians proper in peculiariislands belonging to Oceanica is the rock of ties of character, mode of living, and chiefly by Crespa, latitude 32° 46' north; the most southerly the difference in languages. These (mostly low) are the islands of Bishop and his Clerk, latitude islands are divided into three groups: the La55° 15' south; the most westerly point is the drones, the Bonin islands north of them, and the island of Boh, longitude 129° 12' east; while the Caroline islands, the Marshall and the Gilbert rock of Sala y Gomez, longitude 254° 40' east islands. — Throughout nearly the whole of Melaof Greenwich, forms the eástern boundary. The nesia oppressive heat prevails, which, combined
with the humidity of the densely wooded islands, fish. But few species of insects are found; most is as prostrating as it is injurious to health; the frequently they are met with in the western islands. climate of the other islands is warm, but not - Comparative philology has shown that the disagreeable, because of the sea breezes, and is as native population of Oceanica came from Indoagreeable as it is healthy. While on the low China and from the Indian archipelago. On all islands vegetation can not be called rich ind lux the larger islands of the Indian archipelago there uriant, on the high islands it is of a tropical abun- is a dark colored race of men, called Papuas, and dance. The mountains are for the most part another of lighter color, the Malay race, which wooded to the top; the trees are high, and service- originally inhabited the southeastern parts of Asia, able for building. Among the food plants the and which in the distant past removed their habifollowing are to be found on all the larger islands: tations to the Indian archipelago; these two races the cocoanut tree, the banana tree, different kinds are also to be found in Oceanica. The dark of taro or arum, the bread-fruit tree, the pandang, colored Papuas are the natives of Melanesia, yam-root, and the sweet potato; besides these, while the lighter brown Malayo-Japanese element there are the sugar cane, the pineapple, the coffee prevails in Polynesia; the now nearly extinct tree, the lemon and orange trees; in short, nearly Micronesians are more similar to the Tagalian all the useful plants of warmer climates. While element. — As a rule the inhabitants of the high New Guinea vies with the Moluccas in the abun- islands are stronger, taller, handsomer, of lighter dance and peculiar character of its plants and the color, and better developed; on the low and more magnificence and grandeur of its forests, its vege- barren islands they are shorter, less strong, uglier, tation, without losing its luxuriance, shows a and of a darker color. The color of the skin of decline in so far as the number of varieties is the Polynesians varies from light to dark brown, concerned; thus, Tahiti seems to have but 500 with a hue of yellow or olive-green; their hair is different plants, Tuamotu only about fifty, Waihu mostly of thick growth, black and smooth; their (Easter island) some twenty only. It is equally eyes are black; their mouths are well formed; striking that not only the vegetation on all of their foreheads well developed; the nose is either these islands is of a character similar, for the most short and straight, or long and of aquiline shape; part, to that of the vegetation of India, but also that the form of the face is oval. The Micronesians it retains this character even in the most easterly are of lighter color, their figure is more graceful islands, which, although nearest to America, pos- and agile, their expression brighter, their noses sess none of the American types of plants. The more prominent and bent, and not so flat. The same law applies, on the whole, to the distribu- difference in their languages is still more protion of animals; however, there is a general lack nounced. While the language of the Melanesians of land mammalia on these islands in so far as is distinguished by more numerous and harsher that lack has not been done away with in more consonants, and is clearly distinct from the Malay recent times, by the importation of domestic ani- and Polynesian languages, the phonetic system mals. It is true, there are larger quadrupeds in of the Polynesian languages evinces great povNew Guinea, but only kangaroos and nocturnal erty, a certain weakness and want of force; the animals. Besides these, the Europeans, who first Micronesian languages, however, as far as their visited these islands, found of land mammalia form is concerned, are the most closely connectonly the hog, the dog and the rat, and even these ed with the simpler Malay family of languages, not on all the islands. Birds are more numerous. having also an intimate relationship with the Fowl, pigeons, parrots, different kinds of singing Polynesian languages. While the several lanbirds, snipes, herons, wild ducks and numerous guages of the Polynesian family are almost only sea fowl were found on almost all these islands. dialectically distinguished from each other, there Besides these, there are the bird of paradise in are great differences in the languages spoken on New Guinea and the cassowary, distributed as the Micronesian groups. As far as mental capacfar as New Britain. Sea animals, fish and turtles ity is concerned, the Melanesians are inferior to are exceedingly numerous in the waters surround the Polynesians; love of war and warlikeness, ing these islands; the dugong (Halicore cetacea) is distrust and suspicion, are the principal features found between the tropics. Whales are still of their character; cannibalism, too, is practiced caught in the southern and northern parts of the by most of the Melanesian tribes. The Polyocean, and the widely distributed sperm whale nesians, on the contrary, although as a rule they (Physeter macrocephalus) has given rise to active also practice cannibalism in as far as they have fisheries. Shells and corals present a greater not been converted to Christianity, occupy a variety of brilliant colors and forms than almost higher intellectual position than others living in a anywhere else in the world. Snakes, mostly of a state of nature; they are eminently skillful in harmless character, are found only on the western copying, or at least in assuming, the outward islands, probably not farther than on the Tonga appearance of European manners. The Microgroup; there is, however, one harmless species of nesians also are well endowed intellectually, very snake which is said to be found on the Marquesas; receptive, and possess a certain physical cleverthe crocodile is not found except in the extremest ness; they are hospitable, friendly, good natured, western part of this territory. Sharks are fre- peaceful and honest, but sometimes very revengequent everywhere, and there are also poisonous | ful and blood-thirsty. The religious ideas of the