Suchergebnisse

HEGELS LEBEN, WERKE UND LEHRE. [8. BAND. ERSTER THEIL] Geschichte der neuern Philosophie (-) Hegels Leben, Werke und Lehre. [8. Band. Erster Theil] (8,1 / 1901) ( - ) Einband ( - ) Titelseite ( - ) [Abb.]: Kuno Fischer. ([II]) Titelseite ([III]) Impressum ([IV]) Vorrede. (V) Inhalzsverzeichniß. ([VII]) Erstes Buch. Hegels Leben und Werke. ([1]) Erstes Capitel. Herkunft und Lehrjahre. ([3]) I. Die erste Jugendzeit in Stuttgart. ([3]) 1. Elternhaus ud Schule. ([3]) 2. Der Präceptor Löffler. (4) 3. Rhetorische Uebungen. (5) 4. Studien und Lectüre. Tagebücher. (6) II. Die akademischen Lehrjahre in Tübingen. (10) 1. Studiengang. Magisterium und Candidatur. (10) 2. Kant und die Revolution. (11) 3. Freundschaften. Der politische Club. (12) Zweites Capitel. Hegel als Hauslehrer in Bern. (14) I. Lebensplan und Wanderjahre. (14) 1. Die Hauslehrerperiode. (14) 2. Aufenthalt in Stuttgart. Stäudlin und Hölderlin. (15) 3. Die Schicksale und Zustände Berns. (16) 4. Das Geschlecht der Steiger. (18) II. Hegels Fortbildung in der Schweiz. (20) 1. Sprache, Sitten und Politik. (20) 2. Alpenwanderungen. (21) Drittes Capitel. Fortsetzung. Hegels Studien in der Schweiz. (24) I. Die einflußreichen Zeitbegebenheiten. (24) 1. Philosophie. Fichte und Schelling. (24) 2. Deutsche Dichtung. Schiller. (25) 3. Das neue Weltalter. (26) II. Philosophische Studien. (28) 1. Theologische Probleme. (28) 2. Orthodoxie und Philosophie. (31) 3. Schelling als Führer. (32) 4. Die Frage des Monismus. (33) Viertes Capitel. Das Ende des Aufenthaltes in der Schweiz. Hegel und Hölderlin. Uebersiedlung nach Frankfurt. (35) I. Die neuen Mysterien. (35) 1. Der dritte im Bunde. (35) 2. Eleusis. (37) II. Hölderlin im Hause Gontard. (39) 1. Die Katastrophe. (39) 2. Irrfahrten und Ende. (40) III. Hegel im Hause Gogel. (41) 1. Stellung. (41) 2. Der verleidete Aufenthalt. 3. Tod des Vaters. Oekonomische Lage. (42) 4. Zukunftspläne. (42) Fünftes Capitel. Hegels Frankfurter Studien und Arbeiten. (45) I. Die Urform des Systems. (45) 1. Die Aufzeichnungen. (45) 2. Grundthema. Die Religion als Weltproblem. (45) II. Die Religionsentwicklung. (47) 1. Das Endziel. (47) 2. Philosophie und Religion. Schleiermachers Reden. (48) 3. Die Weltreligion. (49) 4. Charakter der christlichen Religion. (51) III. Religion und Philosophie. (52) 1. Die neue Aufgabe. (52) 2. Die Grundidee: der absolute Geist. (53) 3. Die Gliederung des Systems. (54) 4. Ein politischer Entwurf. (54) Sechstes Capitel. Hegel in Jena. Die ertsen Sechs Jahre seiner litterarischen und akademischen Wirksamkeit. (57) I. Litterarische Wirksamkeit. (57) 1. Philosophische Schriften. (57) 2. Eine politische Schrift. (58) II. Akademische Wirksamkeit. (62) 1. Vorlesungen. (62) 2. Beförderungen. (64) III. Jenaische Zustände und Personen. (65) 1. Der litterarische Rückgang. (65) 2. Immanuel Niethammer. (65) 3. Philosophische Docenten. (66) 4. Gesellige Kreise. (67) IV. Die Phänomenologie und die Schlacht. (68) 1. Das Werk und der Streit mit dem Verleger. (68) 2. Die Schlacht bei Jena. (69) 3. Die erste Differenz zwischen Schelling und Hegel. (70) V. Neue Lebenspläne. (71) 1. Der Brief an J. H. Voß. (71) 2. Die Berufung nach Bamberg. (72) Siebentes Capitel. Hegels publicistische und pädagogische Wirksamkeit im Königreich Bayern. Die Gründung seines Hausstandes. (74) I. Die Bamberger Zeitung. (74) 1. Das Redactionsgeschäft. (74) 2. Die Weltbegebenheiten. (75) 3. Ein drohender Conflict. (76) II. Der Uebergang zu einem neuen Lehramt. (77) 1. Die Zeitungsgaleere. (77) 2. Nürnberg, Altdorf, Erlangen. (78) 3. Der neue Schulplan. (78) III. Das Rectorat des Gymnasiums in Nürnberg. (79) 1. Berufung und Lebenswendepunkt. (79) 2. Amtliche Verhältnisse und Uebelstände. (80) 3. Logik, Propädeutik und Rectoratsreden. (81) IV. Die Gründung des Hausstandes. (85) 1. Die Frage des ehelichen Glücks. (85) 2. Maria von Tucher. (86) Achtes Capitel. Alt- und Neu-Bayern. Die bayrische Finsterniß und Reaction. Hegels Zeit- und Weltanschauung. (90) I. Bayrische Mängel und Uebelstände. (90) 1. Die bureaukratische Centralisation. (90) 2. Der Mangel an Autorität und Publicität. (91) 3. Die altbayrische Finsterniß. (93) 4. Der fanatische Hyozoismus. (94) II. Die bayrische Reaction. (94) 1. Die Conflicte in der Studiencommission. Niethammers Niederlage. (94) 2. Monteglas' Entlassung und das Concordat. (97) 3. Hegels Zeitanschauung und Hoffnung. (97) Neuntes Capitel. Hegels der Philosophie ind Heidelberg. (1816 - 1818.) (98) I. Drei Berufungen. (98) 1. Erlangen. (98) 2. Berlin. (99) 3. Heidelberg. (100) II. Zwei Jahre in Heidelberg. (101) 1. Die Encyklopädie. (101) 2. Vorlesungen und Amtsgenossen. (102) III. Die heidelbergischen Jahrbücher. (105) 1. Fr. H. Jakobis Werke. (105) 2. Die württembergischen Landstände. (107) IV. Philosophische Einwirkungen. Die Anfänge der Schule. (116) 1. Yxkfüll. (116) 2. Hinrichs. (117) 3. Carové. (118) 4. Cousin. (119) 5. Daub. (123) Zehntes Capitel. Hegels Berufung nach Berlin. (124) I. Das Ministerium Altenstein. (124) 1. Steins Reformen. (124) 2. Altensteins Denkschrift. Der erste preußische Cultusminister. (125) 3. Universitäten. Gründungen und Gefahren. (125) 4. Das zeitgemäße System. (127) II. Johannes Schulze. (130) 1. Bildungsgang und Jugendschicksale. (130) 2. Die Verdächtigungen. (136) III. Hegel und Johannes Schulze. (137) Elftes Capitel. Hegels Wirksamkeit in Berlin. (138) I. Akademische und litterarische Wirksamkeit. (138) 1. Die Anfänge. Solger. (138) 2. Die Antrittsrede. (140) 3. Die Vorrede zur Rechtsphilosophie. (142) 4. Der Gang der Vorlesungen und die Einführung neuer. (145) II. System und Schule. (146) 1. Repetitorien und Conversatorien. Henning. (146) 2. Der geschichtsphilosophische Character des Systems. (148) 3. Marheineke, Gans, Henning, Michelet, Hotho, Rötscher, Werder. (149) 4. Vatke, Strauß, Brunno Bauer, J. Ed. Erdmann, Rosenkranz, Hinrichs und Gabler. (151) III. Freunde und Feinde. (153) 1. Die heidelberger Freunde. (153) 2. Anonyme Feinde. (154) 3. Ein philosophischer Gegner: Ed. Beneke. (155) 4. Goethe und Hegel. (158) 5. Heiberg. (160) IV. Die Prüfungscommission und der philosophische Gymnasialunterricht. (161) Zwölftes Capitel. Hegels Ferienreisen nach Brüssel, Wien und Paris. (163) I. Ausflüge nach Rügen und Dresden. (163) II. Die Reise in die Niederlande. (163) 1. G. van Ghert. (163) 2. Die Fahrt nach Brüssel und die Rückkehr. (165) III. Die Reise nach Wien. (168) 1. Der Aufenthalt in Wien. Die italienische Oper. (168) 2. Die Rückreise. Dresden. (169) IV. Hegels Verhältniß zu Cousin und Reise nach Paris. (170) 1. Cousins Aufenthalt in Berlin. (170) 2. Hegels Reise nach Paris. (173) 3. Die Rückkehr. (174) V. Der letzte Aufenthalt in Weimar. (175) Dreizehntes Capitel. Auf der Höhe seiner Wirksamkeit. (176) I. Die letzten fünf Jahre. (176) 1. Die Geburtstagsfeier. (176) 2. Die Jahrbücher für wissenschaftliche Kritik. (177) 3. Hegels Wirksamkeit in den Jahrbüchern. Hamann. (181) 4. Göschels Aphorismen. (183) 5. Verdächtigungen und Anfeindungen. "Das Gesindel." (185) 6. Eine "schäbige Polemik". (187) 7. Ludwig Feuerbach. (188) II. Das Ende der Wirksamkeit und des Lebens. (191) 1. Das Rectorat. (191) 2. Die Julirevolution. (193) 3. Die englische Reformbill. (194) 4. Die Choleraepidemie. Der Brief an H. Beer. Das Schreiben an Gans. (197) 5. Tod und Begräbniß. (199) Vierzehntes Capitel. Hegels Werke und deren Gesammtausgabe. (201) I. Die von Hegel selbst herausgegebenen Werke. (201) 1. Jena. (201) 2. Nürnberg. (203) 3. Heidelberg. (203) 4. Berlin. (204) II. Die Gesammtausgabe. (205) 1. Die Aufgabe. (205) 2. Die Herausgeber und die Ausgabe. (205) III. DIe Quellen zur Ausgabe der Vorlesung. (207) 1. Die Philosophie der Geschichte. (207) 2. Die Aesthetik oder Kunstphilosophie. (208) 3. Die Philosophie der Religion. (211) 4. Die Geschichte der Philosophie. (212) IV. Hegel auf dem Katheder. (214) 1. Die Persönlichkeit. (214) 2. Der Kathedervortrag. (215) Zweites Buch. Hegels Lehre. ([217]) Erstes Capitel. Hegels Ausgangspunkte und Aufgaben. Die Idee der Weltentwicklung. (219) I. Monismus und Identitätslehre. (219) 1. Die englische Entwicklungslehre. Der Darwinismus. (219) 2. Der deutsche Darwinismus. (220) 3. Zoologische Philosophie und philosophische Zoologie. (220) 4. Die philosophische Entwicklungslehre vor Kant. Leibniz. (221) 5. Die kantische Entwicklungslehre. (222) 6. Die fichtesche Entwicklungslehre. (223) 7. Die schellingsche Entwicklungslehre. (224) II. Das absolute Identitätssystem. (225) 1. Der Durchbruch. (225) 2. Der Stufengang der Welt. (226) 3. Schelling und Spinoza. (227) 4. Die neuen Aufgaben. (228) 5. Der Weg zur Wahrheit. (230) Zweites Capitel. Hegel im Bunde mit Schelling. (231) I. Die ersten Schriften. (231) 1. Die Planetenbahnen. (231) 2. Die philosophische Differenz zwischen Fichte und Schelling. (235) 3. Die philosophische Differenz zwischen Schelling und Hegel. (242) Drittes Capitel. Hegels Aufsätze im kritischen Journal. (245) I. Philosophie und Unphilosophie. (245) 1. Die philosophische Kritik. (245) 2. Der gemeine Menschenverstand. (248) 3. Der neue Scepticismus. (250) II. Glauben und Wissen. Die Reflexionsphilosophien. (255) 1. Die kantische Philosophie. (256) 2. Die jacobinische Philosophie. Schleiermacher. (259) 3. Die fichtesche Philosophie. (265) Viertes Capitel. Fortsetzung. Die wissenschaftlichen Behandlungsarten des Naturrechts. (270) I. Die empirische Behandlungsart. (271) 1. Die Hypothesen vom Naturzustande. (271) 2. Die praktischen Zwecke. (272) 3. Die untheoretische Praxis und die unpraktische Theorie. (273) II. Die reflectirte Behandlungsart. (273) 1. Die große Seite der kantisch-fichteschen Philosophie. (273) 2. Die Unsittlichkeit der kantischen Sittenlehre. (274) 3. Der fichtesche Rechtszwang. Strafe und Ephorat. (276) III. Die absolute Sittlichkeit. (278) 1. Das Volk und die Völker. Der sittliche Organismus. (278) 2. Die sittliche Gesundheit und der Krieg. (280) 3. Die Organisirung der Stände und Individuen. (280) 4. Tragödie und Komödie. Die Zonen des Sittlichen. (284) 5. Naturrecht, Moral und positive Rechtswissenschaft. (286) Fünftes Capitel. Die Phänomologie des Geistes. Vorrede, Einleitung und Eintheilung. (289) I. Vorrede. Die Aufgabe der neuen Lehre. (289) 1. Die Form der Wissenschaft. (289) 2. Die Substanz als Subject. Das Princip als Resultat. (291) 3. Die Leiter. Die Entwicklung des Wissens. (294) 4. Vourtheile und Selbsttäuschung. (294) II. Einleitung. (296) 1. Das Erkenntnißvermögen als Werkzeug und Medium. (296) 2. Die falsche Grundlage des Zweifels. Das erscheinende Wissen. (297) 3. Die Methode der Ausführung. (300) III. Der Stufengang des Bewußtseins. (304) 1. Hauptstufen. (304) 2. Die triadische Ordnung. (305) 3. Die Grenzen. (305) Sechstes Capitel. Das gegenständliche Bewußtsein. (306) I. Die sinnliche Gewißheit. (306) 1. Die objectivste, reichste und concreteste Wahrheit. (306) 2. Die subjectivste, ärmste und abstracteste Wahrheit. (306) 3. Das Aussprechen und das Aufzeigen. (308) II. Das wahrnehmende Bewußtsein. (309) 1. Das Ding und die Eigenschaften. (309) 2. Das Aufheben und Aufgehobensein. (310) 3. Das Thema und Problem der Wahrnehmung: die Einheit des Dinges und Die Vielheit der Eigenschaften. Die Täuschung. (311) 4. Die Vielheit der Dinge und Eigenschaften. Die Logik und die Sophistereien der Wahrnehmung. (313) III. Das Reich des Verstandes. (314) 1. Kraft und Aeußerung. Das Spiel der Kräfte. (314) 2. Das Innere und die Erscheinung. (316) 3. Das Innere als Gesetz. Das Reich der Gesetze. (317) 4. Erscheinung, Gesetz und Kraft. (318) 5. Die Thätigkeit des Erklärens. (320) 6. Uebergang zum Selbstbewußtsein. (320) Siebentes Capitel. Das Selbstbewußtsein. (321) I. Das Selbstbewußtsein und sein Object. (321) 1. Vergleichung mit dem gegenständlichen Bewußtsein. (321) 2. Das Selbstbewußtsein als Begierde. (323) 3. Die Objecte als lebendige Dinge. (323) II. Herrschaft und Knechtschaft. (324) 1. Verdoppelung des Selbstbewußtseins. (324) 2. Der Kampf auf Leben und Tod. Die Todesfurcht. (325) 3. Herr und Knecht. Gehorsam und Dienst. Arbeit und Bildung. (327) 4. Die Abhängigkeit des Herrn und die Unabhängigkeit des Knechts. (328) 5. Die Befreiung des Denkens. (329) III. Die Freiheit des Selbstbewußtseins. (329) 1. Stoicismus. (329) 2. Skepticismus. (330) 3. Das unglückliche Bewußtsein. (332) Achtes Capitel. Das Vernunftbewußtsein. A. Die beobachtende Vernunft. (338) I. Thema und Aufgabe. (338) II. Die beobachtende Vernunft. (339) 1. Der Standpunkt des Idealismus. (339) 2. Das künstliche und natürliche System der Dinge. Gesetz und Experiment. (340) 3. Die organische Natur und der Zweckbegriff. (Kielmeyer und Schelling.) (342) 4. Logische und psychologische Gesetze. (346) 5. Physiognomik und Schädellehre. (348) Neuntes Capitel. Das Vernunftbewußtsein. B. Die thätige Vernunft und das Reich der in sich befriedigten Individuen. (353) I. Rückblick und Vorblick. (353) II. Die thätige Vernunft. (355) 1. Die Luft und die Nothwendigkeit. (Faust.) (355) 2. Das Gesetz des Herzens und der Wahnsinn des Eigendünkels. (357) 3. Die Tugend und der Weltlauf. (361) III. Das Reich der in sich befriedigten Individuen. (363) 1. Das geistige Thierreich. (363) 2. Die gesetzgebende Vernunft. (368) 3. Die gesetzprüfende Vernunft. (369) Zehntes Capitel. Der Geist. A. Das Reich der Sittlichkeit und der Rechtszustand. (371) I. Das Gemeinwesen. Das göttliche und menschliche Gesetz. (371) 1. Familie und Staat. (371) 2. Mann und Frau, Eltern und Kinder, Bruder und Schwester. (373) 3. Der tragische Conflict. Die Schuld und das Schicksal. (375) II. Der Rechtszustand. (378) 1. Der Uebergang. (378) 2. Die Personen. (379) 3. Der Herr der Welt. (379) 4. Die Frau im Rechtszustand. (380) Elftes Capitel. Der Geist. B. Der sich entfremdete und der seiner selbst gewisse Geist. (381) I. Die Welt des sich entfremdeten Geistes. (381) 1. Das Reich der Bildung. (381) 2. Staatsmacht und Reichthum. Das edelmüthige und das niederträchtige Bewußtsein. (382) 3. Das zerreißende und zerrissene Bewußtsein. (Rameau's Neffe.) (385) 4. Das glaubende Bewußtsein. (389) 5. Die Aufklärung. (391) II. Die absolute Freiheit und der Schrecken. (398) 1. Die Gleichheit und die Vernichtung. (398) 2. Die Faction und die Schuld. (399) 3. Schrecken und Tod. (400) III. Der seiner selbst gewisse oder moralische Geist. (402) 1. DIe moralische Weltanschauung. (402) 2. Die Verstellung. (405) 3. Das Gewissen, die schöne Seele. Das Böse und seine Verzeihung. (407) Zwölftes Capitel. Die Religion und das absolute Wissen. (413) I. Wesen und Stufen der Religion. Die natürliche Religion. (413) 1. Religionsstufen und Religionsgeschichte. (414) 2. Indische und ägyptische Religion. (414) II. Die Kunstreligion. (415) 1. Der Kultus. Das abstracte Kunstwerk. (417) 2. Das lebendige Kunstwerk. (418) 3. Das geistige Kunstwerk. (419) III. Die offenbare Religion. (423) 1. Der Untergang der Kunstreligion. (423) 2. Die Menschwerdung Gottes. (425) 3. DIe Gemeinde. (426) IV. Das absolute Wissen. (429) 1. Religion und Wissenschaft. (429) 2. Phänomenologie und Logik. Das System der Philosophie. (431) Dreizehntes Capitel. Der Gegenstand und die Methode der Logik. (433) I. Der Gegenstand der Logik. (433) 1. Die Werke. (433) 2. Aufgabe und Thema. (434) 3. Einleitung. (435) II. Die Methode. (439) 1. Die Kategorien. Die Denkbestimmungen und die Denkthätigkeit. (439) 2. Der dialektische Proceß und die Entwicklung. (440) 3. Die Eintheilung. (442) 4. Der Begriff Gottes in der Logik. Das Reich der Schatten. (444) 5. Die Logik und die Geschichte der Philosophie. (445) 6. Der Anfang. (446) Vierzehntes Capitel. Die Lehre vom Sein. A. Die Qualität. (448) I. Das reine Sein. (448) I. Sein und Nichts. (448) 2. Das Werden. Entstehen und Vergehen. (449) II. Das Dasein. (451) 1. Qualität. Etwas und Anderes. (451) 2. Endliches und Unendliches. Die Veränderung. (452) III. Das Fürsichsein. (456) Das unendliche Sein. (456) Fünfzehntes Capitel. Die Lehre vom Sein. B. Die Quantität. (460) I. Die reine Quantität. (460) 1. Continuität und Discretion. (460) 2. Zeno, Aristoteles, Kant. (461) II. Das Quantum. (463) 1. Anzahl und EInheit. Zahl und Zählen. (463) 2. Zählen und Rechnen. (464) 3. Das extensive und intensive Quantum (Grad). (465) III. Die quantitative Unendlichkeit. (467) 1. Die schlechte quantitative Unendlichkeit. (467) 2. Die erste kantische Antinomie. (468) 3. Die Unendlichkeit des Quantums. (468) IV. Das quantitative Verhältniß. (471) 1. Die Verhältnißarten. (471) 2. Der doppelte Uebergang. (473) 3. Die Zahlenphilosophie. (474) Sechszehntes Capitel. Die Lehre vom Sein. C. Das Maaß. (475) I. Die specifische (qualitative) Quantität. (475) 1. Das specifische Quantum. Der Maaßstab. (475) 2. Die Mathematik der Natur. (478) 3. Das specificirende Maaß. Die Regel. (479) II. Das reale Maaß. (480) 1. Die Reiche der Maaßverhältnisse. (480) 2. Die Knotenlinie von Maaßverhältnissen. (482) III. Das Maaßlose. (484) 1. Das auschließende Maaß und das abstract Maaßlose. (484) 2. Der Uebergang zum Wesen. (485) 3. Die Kategorien des Seins und die Entwicklung. (486) Siebzehntes Capitel. Die Lehre vom Wesen. A. Die Reflexion. (488) I. Die Reflexionsbestimmungen. Die Identität. (488) 1. Schein, Erscheinung, Wirklichkeit. (488) 2. Die Denkgesetze. (490) 3. Die Identität. (491) II. Der Unterschied. (492) 1. Die Verschiedenheit. (492) 2. Der Gegensatz. (494) 3. Der Widerspruch. (497) III. Grund und Folge. (499) 1. Der zureichende Grund. (499) 2. Materie und Form. (500) 3. Die Existenz. (502) Achtzehntes Capitel. Die Lehre vom Wesen. B. Die Erscheinung. (503) I. Das Ding und seine Eigenschaften. (503) II. Erscheinung und Gesetz. (507) III. Das wesentliche Verhältniß. (509) 1. Das Verhältniß des Ganzen und der Theile. (509) 2. Das Verhältniß der Kraft und ihre Aeußerung. (511) 3. Das Verhältniß des Aeußeren und Inneren. (512) Neunzehntes Capitel. Die Lehre vom Wesen. C. Die Wirklichkeit. (516) I. Das wahrhaft Wirkliche. Das Absolute. (516) II. DIe innere und äußere Wirklichkeit. (517) 1. Das Reich der Möglichkeit. (517) 2. Das Reich des Zufalls. (518) 3. Die Nothwendigkeit. (519) III. Das absolute Verhältniß. (521) 1. Die Substantialität. (521) 2. Die Causalität. (522) 3. Die Wechselwirkung. (524) Zwanzigstes Capitel. Die Lehre vom Begriff. A. Die Subjectivität (527) I. Der Begriff des Begriffs. (527) 1. Vom Begriff im Allgemeinen. (527) 2. Der allgemeine Begriff. (530) 3. Der besondere Begriff. (531) 4. Das Einzelne. (532) II. Das Urtheil. (534) 1. Das Urtheil des Daseins. (536) 2. Das Urtheil der Religion. (537) 3. Das Urtheil der Nothwendigkeit. (538) 4. Das Urtheil des Begriffs. (538) III. Der Schluß. (539) 1. Der Schluß des Daseins. Die Schlußfiguren. (539) 2. Der Schluß der Reflexion. (541) 3. Der Schluß der Nothwendigkeit. (543) Einundzwanzigstes Capitel. Die Lehre vom Begriff. B. Die Objectivität. (544) I. Ontologie und Kosmologie. (544) II. Der Mechanismus. (546) 1. Der Determinismus. (546) 2. Die Centralisation. (547) 3. Der absolute Mechanismus. (548) III. Der Chemismus. (548) IV. Die Teleologie. (550) 1. Mechanismus und Teleologie. Der subjective Zweck. (550) 2. Das Reich der Mittel. Die List der Vernunft. (551) 3. Der ausgeführte Zweck. (553) Zweiundzwanzigstes Capitel. Die Lehre vom Begriff. C. Die Idee. (554) I. Die Idee als Proceß. (554) II. Das Leben. (556) 1. Das lebendige Individuum. (556) 2. Der Lebensproceß. (559) 3. Die Gattung. (560) III. Die Idee des Erkennens und des Wollens. (561) 1. Die Idee des Wahren. (561) 2. Die Idee des Guten. (565) 3. Die absolute Idee. (568)

The Situation In Guinea-Bissau Report Of The Secretary-General On Developments In Guinea-Bissau And The Activities Of The United Nations Integrated Peacebuilding Office In ; United Nations S/PV.8186 Security Council Seventy-third year 8186th meeting Thursday, 22 February 2018, noon New York Provisional President: Sheikh Al Sabah . (Kuwait) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Ma Zhaoxu Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Temenov Netherlands. . Mr. Van Oosterom Peru. . Mr. Meza-Cuadra Poland. . Ms. Wronecka Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Mr. Hickey United States of America. . Ms. Eckels-Currie Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-04815 (E) *1804815* S/PV.8186 The situation in the Middle East 22/02/2018 2/19 18-04815 The meeting was called to order at 12.10 p.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President (spoke in Arabic): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representative of the Syrian Arab Republic to participate in this meeting. In accordance with rule 39 of the Council's provisional rules of procedure, I invite Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator to participate in this meeting: Mr. Lowcock is joining the meeting via video-teleconference from Geneva. The Security Council will now begin its consideration of the item on its agenda. I give the floor to Mr. Lowcock. Mr. Lowcock: My colleagues and I have given the Security Council a lot of updates on the situation in eastern Ghouta over the past three months. I want to start today by bringing members some voices directly from eastern Ghouta. The Office of the Special Envoy in Geneva has, just in the past three days, received thousands of messages on instant messaging applications from civilians there. They are pleading for help. Here is one of them, from a humanitarian worker in the area — a person well versed in international humanitarian law: "During the past two months, military operations turned into a process of systematic targeting of civilians. Most air raids have intentionally targeted civilian residential buildings. Whole families have died under the rubble. Today, and as battles intensify, I call on you, as a father now expecting my first child to be born, and as a humanitarian worker trying to maintain what is left of life, to act to stop the systematic operations against civilians and open the roads for humanitarian assistance." Here are more voices. "There are entire families being targeted. A mother and her three children. Four pregnant women; one died, another is in a critical condition, the third lost her baby, and the fourth is under observation. A young girl lost both eyes, and it is continuing." "We do not want war, we do not want war, we do not want war." "Can you hear our messages, voices and fear?" "Our situation is so tragic. Our basements are not safe and lack basic needs. Help us, be with us." "Instead of saying 'no more', the world is saying 'one more.'" As representatives of Member States, all here aware that their obligations under international humanitarian law are just that — they are binding obligations. They are not favours to be traded in a game of death and destruction. Humanitarian access is not a nice-to-have; it is a legal requirement. Counterterrorism efforts cannot supersede the obligation to respect and protect civilians. They do not justify the killing of civilians and the destruction of entire cities and neighbourhoods. The Council has been briefed in minute detail, month after month, on the scale of the suffering of the Syrian people. Our reports have indeed been endless: dead and injured children, women and men; airstrikes, mortars, rockets, barrel bombs, cluster munitions, chemical weapons, thermite bombs, suicide bombs, snipers, double-tap attacks on civilians and the essential infrastructure they depend on, including hospitals and schools; rape, illegal detention, torture, child recruitment and sieges of entire cities reminiscent of medieval times. Over the past 24 hours, heavy shelling and aerial bombardment of multiple communities in eastern Ghouta have reportedly continued, resulting in the deaths of at least 50 people and wounding at least 200. According to some sources, the total death toll since 19 February is close to 300 people. Twenty-three attacks on vital civilian infrastructure have been reported since 19 February. At least seven health facilities were reportedly hit on 21 February. The only primary health-care centre in Modira town was reportedly rendered out of service by airstrikes. A hospital in Duma city sustained significant damage from nearby barrel bombs. Also in Duma city, an obstetrics centre was damaged A hospital in Jisrein town was reportedly attacked, resulting in the death of a nurse. The two Syrian Arab Red Crescent centres in Duma city and Harasta town were reportedly damaged 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 3/19 by the bombardment. Meanwhile — and this is also a point I have consistently emphasized — mortar shelling from eastern Ghouta is reportedly killing and injuring scores of civilians in Damascus city, too.Members all know the statistics of this conflict. They know that half the Syrian population has either fled the country or faced repeated internal displacement. These people have lost everything. They have seen their homes destroyed, their neighbours killed, their loved ones disappear. Everyone knows that the repeated confirmed or alleged chemical attacks in Syria have killed and terrorized Syrian civilians.Eastern Ghouta is a living example of an entirely known, predictable and preventable humanitarian disaster unfolding before our eyes. Everyone knows that nearly 400,000 people are besieged and that they have been besieged for more than four years. Everyone knows that in eastern Ghouta thousands upon thousands of children are facing acute malnutrition the likes of which we have not seen elsewhere in Syria since the onset of the conflict. Everyone knows that more than 700 people are in need of urgent medical evacuation to hospitals just miles away in Damascus city.We have all seen in recent days the images of bombs and mortars raining down on bakeries and medical facilities. According to reports documented by United Nations human rights colleagues, at least 346 civilians have been killed since the beginning of this month and close to 900 people have been injured. Members all heard the Secretary-General yesterday, in the Chamber, describing eastern Ghouta as "hell on Earth" and saying that we cannot "allow things to go on happening in this horrendous way". They also heard him pleading for "the immediate suspension of all war activities in eastern Ghouta" (S/PV.8185, p. 2).Earlier this week, UNICEF issued a blank statement, as it could no longer find the words to describe the brutality of this war. Its only message was that "no words will do justice to the children killed, their mothers, their fathers and their loved ones."This appalling violence is happening as we face significantly increased constraints on our ability to reach people trapped behind conflict lines. In recent months we have encountered greater difficulties in accessing people in hard-to-reach and besieged areas, particularly through cross-line convoys, than during any period since 2015. Since 1 December, for nearly three months, we have been able to deploy only three cross-line convoys, reaching just 67,200 people. Only 7,200 of those people were in besieged areas, less than 2 per cent of the overall besieged population. In 2017, through November, approximately 53 cross-line convoys reached people in need, an average of nearly five convoys per month. A cumulative total of nearly 2 million people were reached in the first 11 months of 2017, or around 175,000 people per month. Therefore in 2017 we reached 175,000 a month; in the past three months we have reached 22,000 a month. Those are not reports or allegations. We have complete, factual information on this, because they are our convoys.Moreover, the 2017 access levels were themselves nearly 40 per cent below our access levels in 2016. Access is not only limited on aid deliveries, but we are also seeing growing challenges to our ability to independently assess needs on the ground and to monitor aid delivery.When an entire generation is robbed of its future, when hospital attacks have become the new normal, when sieges of entire cities and neighbourhoods have become a lasting reality for hundreds of thousands of people, the international community must take urgent and concrete action. I have said this before and I will say it again. What we need is a sustained cessation of hostilities, and we need it desperately — a cessation of violence that will enable the immediate, safe, unimpeded and sustained delivery of humanitarian aid and services, the evacuation of the critically sick and wounded and an alleviation of the suffering of the Syrian people.The Council can still save lives in eastern Ghouta, and elsewhere in Syria. I urge it to do so. Millions of battered and beleaguered children, women and men depend on meaningful action by the Council.The President (spoke in Arabic): I thank Mr. Lowcock for his briefing.I shall now give the floor to those members of the Council who wish to make statements.Mr. Nebenzia (Russian Federation) (spoke in Russian): We are grateful to you, Mr. President, for the prompt response to our delegation's proposal to convene a special meeting on the situation in eastern Ghouta, in Syria. That certainly does not mean that other problematic areas require any less attention. In particular, not long ago, at our initiative, the Security Council discussed the dire situation in Raqqa in detail. S/PV.8186 The situation in the Middle East 22/02/2018 4/19 18-04815 And in general, over the past month we have revisited Syria's humanitarian issues more than once. I would like to ask Council members to listen carefully to what I have to say.It is past time to discuss frankly what is going on in this Damascus suburb. The mass psychosis in global media outlets of the past few days, working in coordination to circulate all the same rumours, is certainly not contributing to an understanding of the situation. When eastern Aleppo was in the news, propagandistic disaster scenarios were put forward for it — a city where, after it was liberated from the terrorists, warehouses full of medicines and medical equipment were discovered. At the time we demanded that the Secretariat conduct an investigation, but the report presented to the Security Council was blatantly superficial.We are constantly seeing images of the activities of the White Helmets, who pass themselves off as rescuers. They were long ago shown to be supported by generous foreign assistance, and they work closely with terrorist groups. As a general rule, they serve as the original sources of well-rewarded disinformation. We are given the impression that the whole of eastern Ghouta consists of nothing but hospitals and that it is the hospitals that the Syrian army is attacking. That is a well-known tactic in information warfare. It is a very well-known fact, however, that the militants everywhere make a habit of locating their military facilities in medical and educational institutions, but for some reason that inconvenient truth is not advertised.It would be a good idea to begin with the fact that there are still several thousand defiant militants in eastern Ghouta, including some affiliated with terrorist organizations, mainly Jabhat Al-Nusra. Some time ago, they breached the agreement on a cessation of hostilities with an attack on an armoured tank unit of the Syrian armed forces in Harasta. They are shelling Damascus, and the intensity of the attacks increases daily. Dozens of missiles are launched every day, and not a single area of the capital has been spared. For some reason, those statistics are not being taken into account by United Nations representatives, although the Permanent Mission of Syria distributes them regularly. We have pointed out that in a 20 February statement, an official representative of the Secretary-General described factual information as "reported" (see S/PV.8183). And today the Under-Secretary-General talked about reported shelling. But those reports could easily have been verified by United Nations staff if they had inspected the areas of destruction and visited the victims.The Russian Embassy facilities have been repeatedly shelled, and each time the same delegations in the Security Council have made up excuses to lay off the blame for these terrorist acts. One is compelled to conclude that someone is purposely helping the criminals avoid accountability. Incidentally, we are disturbed by the fact that not so long ago, representatives of some delegations who view themselves as leaders in the protection of human rights and international humanitarian law quite seriously said that the damage resulting from the shelling in Damascus did not reach a level deserving of the attention given to eastern Ghouta. Our immediate response was to ask how many people have to die to attain, as it were, the gold standard of sympathy? There has been no answer. Is it appropriate to pass over the tragedies in Ramadi, Fallujah, Mosul and Raqqa in silence while drumming up hysteria about Madaya, Daraya, eastern Aleppo and eastern Ghouta, encouraging militants to to further humiliate civilians?Incidentally, the coalition forces' methodical destruction of Raqqa is extremely recent. The memory of it is hardly likely to have faded so quickly. For some reason, when the Coalition bombing flattened Raqqa, no one sounded the alarm, demanded compliance with international humanitarian law or proposed an immediate ceasefire. Yes, the Coalition smoked the Islamic State in Iraq and the Levant (ISIL) out of Raqqa. We know that. But with that done, the United States has forgotten about the city. No one is clearing any mines there. Who is aware of the fact that as many as 50 returning civilians are blown up by mines in Raqqa every day? Nor do we see much enthusiasm from these famous activists about the worst humanitarian crisis of our time, which happens to be unfolding against the backdrop of the armed conflict in Yemen.The militants have turned the people who are left in eastern Ghouta into hostages who are not allowed to leave the area under rebel control through the Al-Wafideen checkpoint. The Russian Centre for Reconciliation of Opposing Sides has urged the illegal groups to lay down their arms and resolve their status, but they broke off negotiations yesterday, on 21 February. It is quite obvious that they do not care about the life and safety of the residents of eastern Ghouta, whom they use as human shields to hide behind. Their aim consists of continuing to negotiate 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 5/19 tactical and logistical advantages for themselves. That does not seem to particularly worry these groups' foreign sponsors, who might be able to exert crucial influence on them. But no, they would rather maintain the status quo and organize loud campaigns blackening Syria and Russia.Energy is also being wasted on fragmenting the international efforts regarding a settlement in Syria. Instead of giving due backing to the Astana de-escalation process and the Syrian National Dialogue Congress in Sochi, which have become an important support to the inter-Syrian negotiations under the auspices of the United Nations in Geneva, we see ongoing backroom efforts designed to openly undermine the work being done through those platforms. On top of that, exclusive clubs are being created, one striking example of which is the so-called International Partnership against Impunity for the Use of Chemical Weapons, which undermines the established frameworks for international cooperation on non-proliferation. We know that preparations are being made for an unofficial presentation of that initiative in Geneva. We would like to reaffirm our position in that regard, which is that in view of the neutral status of respected international organizations such as the United Nations and the Organization for the Prohibition of Chemical Weapons, representatives of their secretariats should not be associated with narrow initiatives such as these, which do not enjoy universal support.Many are now asking the logical question of how de-escalation in eastern Ghouta and other problematic areas of Syria can be achieved as soon as possible. The delegations of Sweden and Kuwait have come up with their recipe for this, in their role as informal monitors of the humanitarian dimension of the Syrian conflict in the Security Council. Their draft resolution — which has now been officially prepared for a vote, despite the fact that the authors know perfectly well that there is no agreement on it — proposes an apparently simple idea, which is the establishment of a ceasefire throughout Syria for not less than 30 days. We would very much like to know how such a truce will be guaranteed, but we have had no intelligible answers. The important thing, they say, is adopting the decision, and we can come up with the details later. An issue as complex as the Syrian conflict does not respond to such logic. We have been through this before, including, once again, in the case of eastern Aleppo.In principle, a ceasefire would be extremely significant, and not just for ensuring the delivery of humanitarian aid. The challenge is in how to achieve it. What we need here is not resolutions for the sake of resolutions, but measures that correspond to the realities on the ground. We are constantly talking about ensuring that the Security Council agrees on feasible decisions that are not divorced from reality or that cater to populist demands. This is about the credibility of the principal organ of the United Nations, responsible for the maintenance of international peace and security, in accordance with the Charter, whose purposes and principles we were discussing only yesterday. If we could stop the violence in crisis zones with resolutions, we would already be living in a completely different world.It will take long and hard work with the sides to the conflict to stabilize the situation so that the parties can sit down at the negotiating table and come up with the parameters for a ceasefire. There is no other way. It will also be impossible to ensure on paper that in 48 hours, or any other amount of time, humanitarian convoys can get going and mass medical evacuations begin. By the way, specific parameters for normalizing a number of complex issues are currently being formulated in Geneva, including by using the potential of the specialist International Syria Support Group. They include the Rukban camp for displaced persons — where, we understand, the United States military presence occupying the area has finally given the United Nations written guarantees — the Yarmouk camp, where the ISIL terrorists still have a presence, and the Fua and Kefraya enclaves.In that connection, I would like to know if the authors of today's initiative genuinely do not understand its utopian nature or if there is some other purpose at work here that has nothing to do with a desire to help struggling Syrians. Unfortunately, the story of eastern Aleppo in 2016 suggests that the second is true, and that the aim is to start a fight so as to strengthen international pressure on the Syrian authorities and slander Russia. Besides that, it shifts the focus from the importance of reviving the Geneva process as quickly as possible on the basis of the agreements that the Syrians arrived at in Sochi to indiscriminate accusations against the Syrian Government. Will that improve Geneva's chances of success?I will say it again to make sure that everyone hears it one more time. Russia will continue to do everything S/PV.8186 The situation in the Middle East 22/02/2018 6/19 18-04815 possible to achieve peace in Syria and restore stability to the Middle East. We call on our partners to do the same in a spirit of constructive cooperation and in cooperation with the United Nations, rather than continuing to sow confusion, ramp up support for jihadists and tear the region apart. For this draft resolution to be meaningful and realistic, the Russian delegation has prepared some amendments to it that we will now circulated to Council members.Mr. Skoog (Sweden): I would like to thank the Russian Federation for calling for a meeting on the horrendous situation in eastern Ghouta, and Mr. Mark Lowcock for his briefing. I will now make some brief remarks on behalf of Sweden and Kuwait.In seven years of war, the situation in the besieged area of eastern Ghouta has never been worse. I would like to thank the Office for the Coordination of Humanitarian Affairs for another briefing reminding us of the horrific reality for citizens in eastern Ghouta and of the Council's responsibilities. Yesterday, in this Chamber, the Secretary-General said that the 400,000 inhabitants of eastern Ghouta live in hell on earth. His appeal to all of us in the Council was to act — to immediately suspend all war activities in eastern Ghouta, allowing for humanitarian aid to reach all of those in need, allowing for the evacuation of the hundreds of people that need urgent treatment and that cannot be provided for and allowing the possibility for other civilians to be effectively treated. I want to take this opportunity to remind all parties, as Mark Lowcock just did, of their obligations under international law to protect civilians and hospitals and other medical facilities.The co-penholders, Sweden and Kuwait, have put forward a draft resolution to respond to the constant legitimate calls from the United Nations for a nationwide cessation of hostilities for 30 days in order to allow for humanitarian access and emergency medical evacuations. Our draft resolution also calls for the lifting of the siege directed against eastern Ghouta. We plead to all Council members to come together to support the draft resolution and to urgently adopt it so that we can halt the incessant attacks against eastern Ghouta and beyond, and we can avert a situation that is beyond words in its desperation. We, Sweden and Kuwait, furthermore urge the parties to the de-escalation agreement in eastern Ghouta to comply and implement it. We call upon the Astana guarantors — Russia, Iran and Turkey — to spare no effort and bring all their influence to bear on the parties to that end to avert the human disaster unfolding before our eyes.In response to our Russian colleague on our draft resolution, the United Nations convoys and evacuation teams are ready to go, subject to standard security procedures. The draft resolution that we are putting forward is not a comprehensive peace deal. Its aim is a much-needed humanitarian pause for an initial period of 30 days. There are already ceasefire agreements in force for the areas where fighting has escalated the most recently. They must be complied with. There are existing monitoring mechanisms that can be utilized. The role of the Council, I believe, is to push the parties to the conflict to comply with the proposed cessation of hostilities. Compliance is on the shoulders of the parties. I think that we can make a difference, and I think that we are tested today — not just as Ambassadors representing our countries, but as human beings. That is a massive responsibility.The President (spoke in Arabic): I shall now make a statement in my capacity as the Deputy Prime Minister and Minister for Foreign Affairs of Kuwait. At the outset, I would like to thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, for his briefing today. The remarks in Mr. Lowcock's statements are in line with the Secretary-General's remarks yesterday morning (see S/PV.8185) — that eastern Ghouta can wait no longer. There is tremendous suffering there, with 400,000 people who are living hell on Earth.We support all what the Permanent Representative of Sweden, Mr. Skoog, said in his statement on behalf of Kuwait and Sweden as co-penholders of the humanitarian dossier in Syria. It is unfortunate that the number of people killed since the beginning of this month in eastern Ghouta has reached 1,200 civilians. The international community is silent; it stands still. The question here is: How long we are going to remain silent? How many more civilians, women, children and elderly must die or be displaced until the international community starts taking action and speaking in one voice and saying enough — enough carnage and grave violations of human rights law and international human law? In that regard, I would like to make the following points.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 7/19 First, Kuwait and Sweden, in response to the clear-cut demands of the United Nations on the humanitarian situation in Syria, have jointly submitted a simple and clear draft resolution that demands a cessation of hostilities across Syria for a 30-day period in order for the United Nations and its partners to be able to deliver humanitarian aid and services and provide critical medical evacuation to the sick and wounded, in accordance with the provisions of international law, and end the blockade on residential areas.Secondly, action on the part of the the State of Kuwait is based on our religious and national duty to our brothers in Syria. We have a legal, human and ethical responsibility to end their suffering. In that connection, we call on all Member States to support the draft resolution and vote in its favour. We should rise above our political differences to protect civilians.Thirdly, a failure to ende the systematic and horrendous carnage and bloodshed that has continued for seven years with various weapons would only serve to encourage the perpetuation of such crimes without accountability, as those who commit them are heartened by impunity.I now resume my functions as President of the Council.Ms. Eckels-Currie (United States of America): I thank Under-Secretary-General Lowcock for his briefing, particularly his noting of the systematic targeting of civilians in eastern Ghouta and the toll that it is taking on the people there.Yesterday, Russia's Permanent Representative requested this meeting in order to "make sure that all parties can present their views". The view that Mr. Lowcock presented today is, as the Secretary-General said and others have repeated, one of hell on Earth for the people of eastern Ghouta. I would also like to share the vision of some of the people of eastern Ghouta.Bilal is 22 years old, with a wife who is five months pregnant. He says, "We are waiting our turn to die; this is the only thing I can say". Abdullah is a construction worker, with a wife and six children. He says,"Bombs were falling everywhere near our house. We have been spending the last week digging into the rubble of nearby areas with our bare hands."Malik is a doctor treating the wounded. He says,"The hospitals have been overflowing with blood. We are doing what we can to help, but the situation is becoming unbearable."Those are just a few of the overwhelming number of horrific stories coming out of eastern Ghouta everyday. The pictures and videos are everywhere — screaming parents digging through rubble to find their children; doctors working frantically with no medicine and no equipment in underground hospitals to save whoever they can. Those are not terrorists showing up in these makeshift emergency rooms — they are civilians. They are ordinary people, under attack by a barbaric Al-Assad regime that is bent on levelling eastern Ghouta to the ground, with no regard for the 400,000 men, women and children who live there.No one needs to use their imagination to know what the Al-Assad regime is planning. It is exactly what we saw in Aleppo in 2016, and in Hama and Homs before that. The Al-Assad regime wants to bomb or starve of all of its opponents into submission. That is why, except for two small deliveries of aid, the regime has not allowed any medical convoys or deliveries of food into eastern Ghouta since November, and the bombing attacks have been relentless. The regime wants to keep bombing and gassing these 400,000 people, and the Al-Assad regime is counting on Russia to make sure the Council is unable to stop their suffering.Yesterday the Russian representative asked for the parties to present their views, and has put forward a deeply cynical one today. Those present have now also heard from the United Nations humanitarian leader and from people, like Bilal, Abdullah and Malik. The assault from the regime is relentless, and the suffering is overwhelming. The Russian Permanent Representative also asked that we "come up with ways of getting out of the situation." Yet it appears to be intent on blocking any meaningful effort to do so.None of us on the Council need to look very far for the way out. Thanks to the tireless efforts of our colleagues from Kuwait and Sweden, the way is sitting in front of us. We have a draft resolution establishing a 30-day ceasefire to help shield the people of eastern Ghouta and allow for deliveries of food and medicine to arrive. All 15 of us have spent the past three weeks negotiating that text, patiently attempting to work with each other, including the Russian delegation. We believed we had an agreed text. There are no surprises here. The United S/PV.8186 The situation in the Middle East 22/02/2018 8/19 18-04815 States is ready to vote on the draft resolution — right here and right now. All of us should be ready. Sweden and Kuwait have consulted everyone on that text. They have done their part. There is no reason to delay. Literally, the minute this meeting ends, the Council can take the clearest possible step to help — vote for a ceasefire and vote for humanitarian access.What the people of Eastern Ghouta need is not complicated, and do not just take our word for it. The International Committee of the Red Cross head of delegation in Syria summed it up, "This is madness and it has to stop". The United Nations High Commissioner for Human Rights, Prince Zeid, asked,"How much cruelty will it take before the international community can speak with one voice to say enough dead children, enough wrecked families, enough violence, and take resolute concerted action to bring this monstrous campaign of annihilation to an end?"UNICEF can hardly put words on a page. All UNICEF said in a haunting statement was, "No words will do justice to the children killed, their mothers, their fathers and their loved ones". The Secretary-General made his point clearly yesterday. He supports the cessation of hostilities because eastern Ghouta cannot wait.Yesterday Russia's Permanent Representative asked what we should do about eastern Ghouta. The people of eastern Ghouta, United Nations officials, humanitarian and human rights leaders and, indeed, pretty much the entirety of the Council have answered: stop the bombing of eastern Ghouta and allow medical assistance in. The rest of the Council is ready to act. We urge the Council to move forward with the ceasefire and humanitarian draft resolution immediately.Mr. Ma Zhaoxu (China) (spoke in Chinese): I would like to thank Russia for its initiative in convening this meeting. I also thank Under-Secretary-General Lowcock for his briefing.Recently, the security situation in parts of Syria, including its capital, Damascus, and the eastern Ghouta region, has escalated, causing significant civilian casualties, which is drawing broad attention from the international community. China would like to express its profound sympathy to the Syrian people for their suffering. We condemn all acts of violence that target civilians and civilian facilities and harm innocent lives. China has always believed that there is no military solution to the Syrian issue; it would only aggravate the suffering of the Syrian people. A political settlement is the only way out.The present situation is now such that the international community needs to support the Syrian parties in the resumption of dialogue and negotiations under the United Nations mediation as soon as possible and in seeking a solution that is accepted by all parties through a Syrian-owned and Syrian-led political process. That is the only way to fundamentally ease the humanitarian situation in Syria and rid the Syrian people of their suffering at an early date.Terrorist organizations are still launching attacks in Syria, which have caused significant civilian casualties and impeded humanitarian relief efforts by the United Nations. The international community should strengthen its cooperation on counter-terrorism, adopt unified standards and resolutely combat all terrorist organizations designated as such by the Security Council.As part of the Syrian issue, the humanitarian aspect in the country is closely linked to Syria's overall situation, in addition to its political process. Actions taken by the Security Council on Syria's humanitarian issue should not only help ease the overall humanitarian situation in the country, but also help consolidate the momentum for a ceasefire in Syria and be conducive to the bigger picture of a political settlement to the issue. China calls upon the Security Council to remain united on the issue of Syria, speak with one voice and create favourable conditions for substantive progress in Syria's political process at an early date.Mr. Delattre (France) (spoke in French): I would like to thank Mr. Mark Lowcock for his enlightening briefing of the situation of the inhabitants of eastern Ghouta. Mr. Lowcock has said it all — the torrent of fire that is indiscriminately falling eastern Ghouta is relentlessly pushing the limits of horror and human suffering. There are no words to describe what is taking place in eastern Ghouta as we speak.The regime is not merely bombing its own people. It is methodically targeting hospitals and vital infrastructure for the population with the macabre aim of ensuring that the injured who have not perished during the shelling do not survive the wounds inflicted upon them. We must insist that the attacks against hospitals and health-care personnel constitute war crimes, and the perpetrators must be held accountable.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 9/19 The reports we have received from non-governmental organizations and the Office of the United Nations High Commissioner for Human Rights are unbearable. Twenty eight attacks struck 20 hospitals in eastern Ghouta since January. More than 700 individuals are in need of urgent medical evacuation. Those evacuations are systematically blocked by the Damascus regime, which has been the case for months. More than 400,000 people, including 130,000 children, have been besieged for months by the regime as part of a siege that is reminiscent of the Middle Ages.We should make no mistake: the Syrian regime and its allies are brandishing the fight against jihadist fighters, the need for which no one is disputing, as justification of an offensive aimed at entirely different goals. Its real intentions are indeed to annihilate any and all opposition and break the morale of civilians by indiscriminately massacring them. The offensive against eastern Ghouta, which has seen an unbridled acceleration in recent years — the worst of which is undoubtedly yet to come — has added to both the methods and consequences of the new Aleppo. Let us recall that in that city the intensification of bombing preceded a reconquest operation and unknown levels of violence that never sought to shield civilians or rule out the use of chemical weapons. We shall be particularly vigilant on the latter.Yesterday, through President Macron, France emphatically condemned the indiscriminate shelling of residential areas and civilian infrastructure. We called for the immediate establishment of a ceasefire to enable medical evacuations and humanitarian access to the people. The Secretary-General also spoke resolutely along the same lines. As was recalled this morning by the French Foreign Minister, Mr. Jean-Yves Le Drian, any lack of action is an indication of guilt. We must act swiftly, for the Council has the means at its disposal, if the willingness is put forth.Sweden and Kuwait, the commitment of which France commends, have proposed a draft resolution demanding an immediate cessation of hostilities to enable humanitarians to evacuate the wounded and gain access to the people. The draft resolution before us does not seem to me to be a political judgement. It conveys the humanitarian imperative that, as such, must bring us together. Accordingly, we have noted Russia's intention to propose changes to the draft resolution. We will consider them, but it is crucial that we quickly adopt the draft resolution so that a cessation of hostilities takes place immediately, as addressing the situation on the ground is of the utmost urgency.A cessation of hostilities is not a concession. It is the minimal form of response to the repeated requests of the United Nations and humanitarian actors, which have been communicated by members of the Council. Subsequently, it is up to the regime's supporters to ensure full respect and to respond to all calls for access to humanitarian assistance and medical evacuations under international humanitarian law. It is inconceivable to us that a Council member could be opposed to that.At the same time, we must — and France stands ready to — redouble our efforts to establish a neutral environment that will allow for a credible political process and the holding of elections in Syria. Since the beginning of the Syrian crisis, France has consistently advocated for the priority of achieving a negotiated solution to the military situation and of finding a political solution that satisfies the aspirations of the Syrian people, ensures lasting peace and stops terrorism in its tracks. France will not deviate from the road map adopted by the international community. We have already said, and will say once again, that only a political, inclusive solution, established under the auspices of the United Nations through enabling a political transition within the framework of the Geneva process and resolution 2254 (2015), will end the suffering of the Syrian people in a credible and lasting manner.I should like to conclude with both a warning and an appeal. Not only has the situation in Syria reverted to the tragic darkest hours of the crisis, but, if we fail to react robustly and immediately — let us make no mistake — the worst is yet to come. The worst is the endless escalation of the humanitarian crisis that is crushing the people, any semblance of humanity and the very values underpinning the United Nations. A widespread ground campaign directed against eastern Ghouta might well be the next deadly stage. The worst is also the expansion of the conflict. The combination of circumstances before us today might lead to a potentially major regional or even international confrontation. That risk must be taken very seriously.In the name of our shared values and interests, I call on every member of the Council to join and act together. We owe that to the civilians who are dying by the hundreds in the hell in eastern Ghouta. We owe it to the security of the region and of the world, which S/PV.8186 The situation in the Middle East 22/02/2018 10/19 18-04815 we have the collective responsibility to protect. We owe it to upholding the credibility of the United Nations, which is our shared heritage. Let us beware that the Syrian tragedy does not also become the grave of the United Nations.Mr. Meza-Cuadra (Peru) (spoke in Spanish): We thank Mr. Lowcock, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, for his briefing today on the tragic situation facing the more than 400,000 people living in eastern Ghouta and in other cities.We heard with dismay that, in that area, the basic principles of international humanitarian law and human rights continue to be disregarded. That has been evidenced by the incessant and merciless bombardments resulting in hundreds of civilian casualties — many of whom are women and children — on a daily basis. Far from decreasing, the bombardments have intensified over the past several days and weeks, as has been the case with regard to the number of people with urgent medical issues who are dying because they cannot be evacuated. We deeply regret that humanitarian convoys are unable to reach besieged and difficult-to-access areas, such as eastern Ghouta, among others, despite repeated appeals from the United Nations and various countries, including Peru, to facilitate immediate, safe and unrestricted access in eastern Ghouta, as well as other areas of Syria.All those facts, which are ultimately allowing for and fuelling a hell on Earth, as the Under-Secretary-General just pointed out to us, warrant our strongest condemnation. We must remind all parties, including the Syrian authorities, of the responsibility to protect the civilian population. The United Nations has determined various actions that can be taken to alleviate the suffering of civilians in eastern Ghouta and other affected areas. We stress the importance of the immediate implementation of a 30-day cessation of hostilities to allow for providing aid and setting out and implementing the humanitarian assistance response plan and the five priorities that Mr. Lowcock mentioned. Those are all indispensable and urgently needed measures that Peru fully supports.Implementing them will require a genuine political will to reverse direction and turn them into a reality. Accordingly, we thank Sweden and Kuwait for their generous efforts to reach a consensus on a draft resolution on a cessation of hostilities, which we hope can be adopted as soon as possible. It is of the utmost importance that Council members, in particular those who are able to exercise their influence on the ground, show the world their unity, sense of duty and willingness to compromise, and that we send a clear signal that prioritizes human beings over other interests.The Council must be able to rise to the occasion and fulfil its sensitive and important responsibilities. All can count on my delegation's commitment to carrying out actions that will alleviate the human suffering in eastern Ghouta and throughout Syria.Mr. Van Oosterom (Netherlands): We thank the presidency for convening this meeting, and I thank Mark Lowcock for his sobering briefing. I will address the following three points: first, the escalation of violence in eastern Ghouta, secondly, international humanitarian law, and, thirdly, action by the Security Council.First, with regard to the escalation of violence in eastern Ghouta, we are meeting at a moment of grave distress for the people in eastern Ghouta and elsewhere in Syria. We have seen the extreme escalation of violence in Idlib and eastern Ghouta, which was initiated a few weeks ago by the Syrian regime and its allies. That has severely intensified over the past several days and continues without pause, as Mark Lowcock clearly described. We condemn all indiscriminate attacks directed against civilians. Communities in eastern Ghouta have experienced the most intense bombardments since the beginning of the siege in 2012. Mortars are also being fired into Damascus. Families do not have a safe place to hide. Women and children are dying. Last Monday, the United Nations reported, over a period of just 13 hours, at least, 92 civilian deaths in eastern Ghouta, and the total death toll since Monday appears to stand now at approximately 300.We continue to receive reports of attacks on hospitals and of the renewed use of chemical weapons, thereby leading to the inhumane suffering of civilians and those who try to help them. We pay tribute to the humanitarian efforts of the White Helmets. We condemn targeted attacks against them. While the indiscriminate bombardment of civilian-populated areas continues, desperately needed humanitarian aid, including medical aid, for the people of eastern Ghouta cannot be delivered. We condemn the incessant violence and the barbaric tactics of besiegement. We have seen those tactics before. If we think back to Aleppo in December 2016, the same scenario took place. The regime turned 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 11/19 that city into an unlivable hell where civilians were imprisoned, constantly targeted from the air and cut off from any form of aid. The Council should not stand by and watch a repetition of such events in eastern Ghouta.Secondly, concerning the erosion of international humanitarian law, in witnessing the sheer disregard for human life, we must ask ourselves: What has become of the hard-won gains in the area of international humanitarian law? The lack of compliance with the Geneva Conventions by parties to the Syrian conflict erodes the very norms enshrined therein. It also erodes the rules-based international order. We cannot let that happen. The carnage in Syria must stop. The Council must take effective, credible and decisive action today. The world is watching. We call upon all parties to the Syrian conflict, in particular the Syrian regime and its allies, to stop the targeting of civilians, stop the attacks on hospitals and facilitate immediate access for humanitarian organizations to deliver much needed aid.That brings me to my third point, which is action by the Council on the cessation of hostilities. We thank penholders Kuwait and Sweden for negotiating a draft resolution during the past two weeks that addresses the dire situation in Syria. We pay tribute to the prudent, inclusive manner in which Sweden and Kuwait have organized negotiations on the draft resolution. We wholeheartedly support the Swedish-Kuwaiti appeal to support their text.The draft resolution includes clear and implementable measures. We fully support an immediate cessation of hostilities in Syria to enable aid convoys to deliver food and medicines to all those in need, and the safe medical evacuation of the critically ill and wounded. That must happen as soon as possible. Parties to the Syrian conflict and those with influence on them have a heavy responsibility to assure the safety of humanitarian operations and to ensure that no forced evacuations of civilians take place.In conclusion, some Council members say that the draft resolution cannot be implemented because it is not realistic. But with sufficient political will on the part of the parties involved in Syria, the cessation of hostilities can become a most urgently needed reality. The Council showed forceful action when it adopted resolution 2393 (2017) in December 2017 to alleviate the suffering in Syria by allowing for vital cross-border humanitarian aid. Let us again show forceful action. Let us prove to the world that we can agree to put the safety of civilians first, throughout Syria.The human suffering in Syria, in particular in Ghouta, must end. We need a cessation of hostilities now. We call on the Russian Federation in particular to use its influence, do its utmost to achieve that objective and allow the Council to act effectively. Let us adopt the realistic, clear and balanced draft resolution as it stands, end the violence and allow access for humanitarian assistance.Mr. Alemu (Ethiopia): We thank Under-Secretary-General Mark Lowcock for his briefing. We appreciate his efforts and understand the challenges he faces.We are deeply concerned about the military escalation in eastern Ghouta and its devastating impact on civilians. We are also equally concerned about escalating conflict in other parts of Syria. The continued reports of attacks against medical facilities, resulting in a number of civilian deaths and injuries, is indeed extremely worrying. We stress that it is absolutely imperative to protect civilians in eastern Ghouta and other affected areas.Nonetheless, we should never overlook the fact that the capital, Damascus, is being shelled from eastern Ghouta — one of its suburbs. All the same, it is impossible to deny the fact that life-saving aid must reach all Syrians in need of urgent assistance. In that regard, while we welcome the fact that the United Nations inter-agency convoy delivered life-saving assistance to more than 7,000 persons on 14 February, we acknowledge that, given the severity of the humanitarian situation, it is obviously not enough.To address humanitarian needs, the United Nations and its humanitarian partners should be allowed safe, improved and unhindered humanitarian access. As the Secretary-General recalled in his statement on 20 February and through his strong appeal yesterday in the Chamber (see S/PV.8185), a cessation of hostilities is desirable to enable humanitarian aid deliveries and medical evacuation. We see no problem with reaching a consensus on the matter. In that connection, members of the Council have been engaged in constructive discussions on how to ensure the implementation of a cessation of hostilities.As the situation on the ground becomes increasingly complex, we understand that implementing a humanitarian pause will not be easy. We understand S/PV.8186 The situation in the Middle East 22/02/2018 12/19 18-04815 the concerns of some in that regard. We do not ignore the possibility that terrorist elements might exploit that tool to advance their goals. It will require the political will and tangible cooperation, in good faith, of all Syrian actors, as well as of all States with influence over the parties. Let us not forget that the situation in Syria is becoming extremely complicated and that the humanitarian situation has not remained unaffected. We are extremely worried about the current trajectory.As a human tragedy unfolds before our very eyes, it is expected that the Council will take meaningful, collective action that could help save lives on the ground. That is why we have reiterated that the Council should extend its unified support for the humanitarian work of the United Nations and its partners. Only by working together will the Council convey a strong and unified message that could help facilitate the much-needed humanitarian work of the United Nations and alleviate the continued suffering of the Syrians. In that regard, the humanitarian draft resolution will perhaps provide us with a good opportunity to demonstrate our resolve for concrete action. It may not be a perfect text but we believe it paves the way for all parties to coordinate their existing efforts to halt hostilities for the sake of civilians who are in an extremely difficult situation.Let me take this opportunity to thank the two penholders Kuwait and Sweden, which have been working tirelessly to achieve a consensus outcome. We hope they will continue their much-appreciated efforts until the last minute to address the concerns — real, legitimate concerns — of all delegations.Let me conclude by reiterating that the escalating violence in eastern Ghouta and other parts of Syria should reinforce the importance and urgency of finding a comprehensive political solution, without which the suffering of Syrians will continue unabated.Ms. Wronecka (Poland): I would like to thank Mr. Mark Lowcock for his briefing.As our Minister for Foreign Affairs, Mr. Jacek Czaputowicz, stated yesterday with regard to eastern Ghouta, there is no justification for the indiscriminate attacks on innocent civilians, including children, or on civilian infrastructure, such as health facilities. They must stop immediately and all parties to the conflict must strictly comply with their obligations under international humanitarian law. We would like to stress that all actors should use their influence to bring about immediate and improved conditions on the ground.Once again, we urgently call for the cessation of hostilities in the whole of Syria. Attacks against civilian targets, including medical facilities, must stop now in order to relieve the enormous and unreasonable suffering of the Syrian people. We therefore call upon all parties to alleviate the suffering of civilians, including children, by granting them urgent, free and safe access to humanitarian assistance.With regard to the de-escalation zones, which include eastern Ghouta, I should recall that they were aimed at ensuring a ceasefire and humanitarian access in accordance with international law, including international humanitarian law. In the light of this fact, I call on all parties engaged to respect their ceasefire-related commitments. I also call on States members of the Security Council to use their leverage on the parties in order to implement relevant previous commitments and to create conditions for a permanent ceasefire.In conclusion, I would like to stress the importance of maintaining the unity of the Council on the question of humanitarian access. We should find a mutually acceptable way to express a clear position of the Security Council in this regard. Accordingly, Poland would like to reiterate its support for the work of Sweden and Kuwait as penholders of the draft humanitarian resolution for Syria. Now more than ever do we need to make every possible effort to adopt the draft resolution as soon as possible. It is the Council's responsibility not to fail to stop the ongoing humanitarian tragedy in the eastern Ghouta.Mr. Hickey (United Kingdom): I thank Under-Secretary-General Lowcock for his very detailed and clear briefing today. It was very powerful to hear through him the voices of the people of eastern Ghouta.Russia called this meeting today to allow us to present our understanding of the situation on the ground and come up with ways of getting out of the situation. We have heard very clearly from Under-Secretary-General Lowcock today and from the Secretary-General yesterday about the situation on the ground (see S/PV.8185). This is hell on Earth; the scale of the human suffering and destruction is unbearable. The suffering of the Syrian people, while primarily the responsibility of the Syrian regime, brings shame on all of us in the Security Council.Let us be very clear about the main cause of this hell on Earth. It is the direct result of an escalation by 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 13/19 the Syrian regime of its aerial bombardment of civilian areas, using cluster bombs and chemical weapons and systematically killing hundreds of its own civilians. As others in this Chamber have said today, these are breaches of international humanitarian law and are war crimes. The United Kingdom will be unrelenting in its campaign to ensure accountability and justice for these crimes using all mechanisms at our disposal.We owe it to the people of eastern Ghouta to highlight the utter devastation facing them and then to take measures to stop it. According to the Syrian American Medical Society, in the first 48 hours of this week, 250 civilians were killed and 460 injured. Those who survived these attacks have been further targeted by the regime while trying to get help for their injuries. There have been 22 separate attacks on 20 different hospitals in the three days since Monday. We applaud the incredible work of the brave doctors on the ground who risk their own lives to save others. And like the Netherlands, we salute the heroes of the White Helmets who have demonstrated incredible bravery, courage and resilience to save the lives of thousands of Syrians on all sides of this conflict.From the start of the conflict, the Al-Assad regime has peddled the myth that all of those opposing Al-Assad are terrorists. This is manifestly not the case. The people of eastern Ghouta are not terrorists. Jabhat Al-Nusra has only a small presence in eastern Ghouta; its fighters number less than a quarter of 1 per cent of the population of that area. Nothing can justify the barbaric bombardment we have seen in recent days or the blocking of humanitarian aid or the denial of medical evacuations. We also condemn the mortar shelling from eastern Ghouta of civilian areas of Damascus and attacks against the Russian embassy in that city.The Security Council has failed to uphold its responsibilities in Syria. We all know why this is the case, but we have all agreed that there can be no military solution to the conflict — only a political one. The actions of the Al-Assad regime in recent weeks and the military escalation in an area guaranteed by Russia and Iran as a de-escalation zone show cynical disregard by the regime for every member of the Security Council and for our resolutions. It is therefore vital that we all send a clear and unified message in response.The solution to the situation is not difficult. We need to see an immediate cessation of hostilities, including an immediate end to the aerial bombing of eastern Ghouta. If everyone in this Chamber were to commit unequivocally to this today, it could have an impact on the ground. It could save the lives of thousands of innocent men, women and children who are being killed as we speak here in this Chamber today. We therefore welcome the draft resolution put forward into blue by you, Mr. President, and by the delegation of Sweden, and we look forward to a vote later today.In conclusion, yesterday we discussed the principles of the United Nations Charter, which our predecessors drafted in the name of the peoples of the world to help save succeeding generations from the scourge of war (see S/PV.8185). It is clear that we have fallen woefully short of this aim. We have failed the people of eastern Ghouta. But let us reverse this trend today. Let us adopt the draft resolution and take the concrete actions needed to ease the suffering in this zone of death and destruction.Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): Equatorial Guinea thanks the Russian Federation for convening this meeting of the Security Council and hopes to contribute to the adoption of a decision aimed at alleviating the enormous suffering and regrettable loss of human life in eastern Ghouta and other parts of Syria. We thank the representative of the United Nations Office for the Coordination of Humanitarian Affairs, Mr. Mark Lowcock, for his informative briefing.For the Republic of Equatorial Guinea, the changing humanitarian situation in eastern Ghouta requires urgent action to alleviate the critical state of affairs of the most vulnerable members of the civilian population. In recent days, the number of victims and amount of material damage to infrastructure have increased considerably, and the international community is obliged to take some urgent action so as to halt the ongoing loss of lives, mostly of children and women.We reiterate the appeal made by the delegation of Equatorial Guinea on 14 February for the parties to the conflict to allow humanitarian aid to reach those most in need (see S/PV. 8181). The cessation of hostilities is imperative in order to ensure safe access for relief teams, the distribution of humanitarian aid and the evacuation of the wounded and sick. Equatorial Guinea calls on all parties to the conflict to take the necessary steps to cease hostilities.S/PV.8186 The situation in the Middle East 22/02/2018 14/19 18-04815 Frank, direct and inclusive dialogue is the only viable way out of the Syrian crisis. The Council must redouble its efforts and persuade the opponents to return to the negotiating table. In that sense, resolution 2254 (2015) remains a valid instrument. The recent history of this conflict has taught us the devastating implications that it can have for the entire region. A definitive and sustainable solution to the conflict is in the interests of all the countries of the world.The Republic of Equatorial Guinea urgently calls on all parties to the conflict, be they directly or indirectly involved, to declare a ceasefire with immediate effect that will be respected and guaranteed by all parties so as to allow for the evacuation of civilians and the delivery of medical care, drinking water and food that will save hundreds of human lives. Even as we debate this issue here in the Chamber, the people of eastern Ghouta and elsewhere in Syria are on the verge of perishing. We must consider any proposal to be submitted from the humanitarian perspective, taking into account the suffering of the population of eastern Ghouta and Syria.Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): My delegation thanks the delegation of Russia for having asked the presidency to convene this meeting, for I think it very important to exchange views about what is happening in Syria. We also grateful for the briefing by Mr. Mark Locock.Bolivia reiterates its regret that the crisis in Syria has to date led to so many lives being lost and so much destruction. According to Mr. Lowcock's office, more than 500,000 people have died since the beginning of the conflict, 13.1 million people require humanitarian assistance, of whom 2.9 million are trapped in besieged or hard-to-reach, and 6.9 million persons have been displaced internally. We regret that recent events have led to more people dying or needing humanitarian assistance. We call for the earliest possible beginning of demining operations and for the provision of humanitarian assistance — such as to the city of Raqqa — in order to facilitate the safe and dignified return of the families that were displaced as a result of the conflict.We also regret that the latest events in Syria have once again served to underscore the urgent need to revitalize the Geneva political process, while strengthening the tangible results achieved in Astana and Sochi, in consultation, of course, with all the parties concerned. We reiterate what several of our colleagues have said during this meeting: there is no military solution to the situation in Syria, only a political one.We also again reiterate our great gratitude for the work being done by the staff of the humanitarian assistance agencies and groups on the ground. We demand that the parties involved comply with their obligations under international law, in particular international humanitarian law and international human rights law.We reiterate to the parties involved that they must respect the agreements and the de-escalation zones, as well as avoid attacks on civilian facilities — such residential areas, schools and hospitals — in line with international humanitarian law, so as to ensure the protection of civilians and unrestricted access for humanitarian agencies to provide much-needed assistance.I understand that we all agree with those principles, as they are basic, fundamental principles of international humanitarian law. Each and every one of us has spoken repeatedly about the obligations of the Security Council under the Charter of the United Nations, including its highest responsibility in terms of the maintenance of international peace and security. Nevertheless, my delegation cannot agree with double standards being applied on any issue, and much less on humanitarian ones. We must not drag down the Security Council by using it as an instrument for a different agenda. Nor, as we have also said several times, should we allow the Council to become an echo chamber where we repeatedly recite well-known areas of war.In referring to double standards, I will desist from referring to the humanitarian situation in other places around the world. I will limit myself just to Syria. My delegation is surprised, and does not understand, at how the Security Council has not even been able to express itself on the terrorist attacks on the Russian Embassy in Damascus, a member the Council. We have counted six such attacks in the past two weeks, followed by silence on the part of the Council. That should draw our attention as to double standards.I repeat that we totally reject the politicization of any humanitarian issue. We know that the situation in Syria is urgent. We need to think very carefully about how we can address each of these situations, given that each has its particular characteristics.22/02/2018 The situation in the Middle East S/PV.8186 18-04815 15/19 With regard to the draft resolution that has been circulated for the Council's consideration, first of all, my delegation would like to sincerely express its gratitude for the efforts of the delegations of Sweden and Kuwait. We have seen them work with great dedication, consulting with the various delegations as part of what of course is a complicated process. That is the nature of negotiations. We hope that the various calls for the Council to do something will come to fruition. . However, I think we have to recognize that putting to a vote a draft resolution, as several delegations have called for today, in the knowledge that it will not be adopted by the Council shows that the goal is not of a humanitarian nature, the aim is political. Putting to a vote a draft resolution while knowing that it will not be adopted means that the goal is not to alleviate the humanitarian situation but to garner a few headlines in the media. That is why we say that we should avoid making the Council an instrument for political ends.We very much welcome the fact that the Russian delegation has put forward language to enable us to continue the negotiations, which is essential. I agree with what my colleague the Ambassador of Sweden said, that is, the Council is being tested in alleviating the humanitarian situation in Syria. The Council is indeed being tested, and that test is to achieve unity in the Council. If we do not, then the meeting at which the draft resolution is put to the vote will go down in history as just a few headlines. But it will come to nothing and will in no way alleviate the humanitarian situation in Syria.I therefore issue a fraternal call on my colleagues the members of the Security Council — especially my beloved brothers the Ambassadors of Sweden and Kuwait — that we do everything we can to send out a signal for there to be a change in direction with regard to what the Council has been doing repeatedly over the past months, and show that by being united we will in some way be able to meet the expectations of the rest of the membership and meet the responsibilities assigned to us by the Charter.Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): At the outset, I wish to thank the Russian Federation for having called for this meeting.I also thank Mr. Mark Lowcock, Under-Secretary-General for Humanitarian Affairs, for his helpful briefing on the latest developments in the humanitarian situation in Syria, which has reached a critical threshold.Côte d'Ivoire remains deeply concerned by the ongoing deterioration of the humanitarian situation, largely due to the resurgence of fighting on the ground, particularly in eastern Ghouta where since Monday, I regret to say, 40 civilians have been killed and more than 150 wounded, and many hospitals and schools have been destroyed. In the face of this extreme escalation of hostilities, my delegation would like, following the call issued yesterday in this Chamber by Secretary-General António Guterres (see S/PV.8185), to appeal to the sense of responsibility of the parties involved to end the tragedy of eastern Ghouta. It urges them to exercise restraint with a view to an immediate cessation of hostilities in order to enable the resumption of the delivery of humanitarian aid, including medical evacuations, to alleviate the suffering of the Syrian population.Côte d'Ivoire reiterates its conviction and principled position that the response to the crisis in Syria cannot be military. On the contrary, it should be pursued through an inclusive dialogue and political process, as provided for in the road map set out by resolution 2254 (2015).Finally, in the light of the tragic humanitarian situation in eastern Ghouta — which Mr. Lowcock so somberly described earlier — Côte d'Ivoire supports the draft resolution proposed by the delegations of Kuwait and Sweden, calling for a cessation of hostilities for a period of 30 days with a view to allowing immediate humanitarian access to the besieged populations of the region. The Council must set aside all political calculations and other distractions and undertake the commendable task of rescuing the inhabitants of eastern Ghouta and other regions of Syria, who also happen to be Syrians, from the hell in which they are living.Mr. Temenov (Kazakhstan): We thank the delegation of the Russian Federation for initiating this open briefing on the very critical humanitarian issue in Syria, and thank Mark Lowcock for his update.Like others, we express our serious concern about the continued severity of the devastating humanitarian situation in Syria, including in eastern Ghouta, Idlib and northern Hama governorates, Rukban and Raqqa. Kazakhstan urges all parties within and outside the country to prevent further violence and enable humanitarian organizations to access and assist people in need. Since early February, with the military offensive against eastern Ghouta, there have been more than 1,200 civilian casualties.S/PV.8186 The situation in the Middle East 22/02/2018 16/19 18-04815 We truly need a cessation of hostilities and all military operations throughout Syria to enable the delivery of humanitarian aid and services and the medical evacuation of the critically sick and wounded, in accordance with international law. Kazakhstan considers it critical for the Security Council to adopt a workable and effective resolution on a cessation of hostilities in Syria, a draft of which is now being considered by Council members. Kazakhstan calls on all parties to find consensus and unite in their efforts to undertake an immediate suspension of all war activities in eastern Ghouta and other parts of Syria, allowing humanitarian aid to reach all those in need, as well as the evacuation of all patients requiring urgent treatment that cannot be provided there.My delegation supports the five requests identified by the Emergency Relief Coordinator on 11 January during his mission to Syria, and calls upon all parties to facilitate the implementation of these five requests and others, as specified in relevant Security Council resolutions, so as to ensure principled, sustained and improved humanitarian assistance to Syria in 2018. In this context, we look forward to a meeting of the Foreign Ministers of the guarantor countries of the Astana process — namely, the Russian Federation, Turkey and Iran — who intend to gather in Astana in March to discuss all issues related to recent developments on the ground. The timing and the specific agenda are currently being specified. In this regard, the next round of the Astana process itself is scheduled to be held after the aforementioned meeting of the Foreign Ministers.Lastly, in May 2017 Kazakhstan welcomed the adoption of the memorandum on the creation of de-escalation areas in the Syrian Arab Republic. They have lessened hostilities between the conflicting parties. However, the ceasefire agreements in these zones are currently being violated. We attach the utmost importance to compliance by all conflicting parties with ceasefire agreements and their enforcement by the guarantor States. Likewise, each of the agreements reached in Astana should not remain on paper, but must be strictly complied with.The President (spoke in Arabic): I give the floor to the representative of the Syrian Arab Republic and urge him to limit his statement to five minutes in accordance with Security Council note S/2017/507.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): The delegation of my country was not aware of your decision, Sir, to limit my statement to five minutes. I oppose that decision and therefore reserve the right to express the views of my country in this important meeting devoted to the situation in my country.The President (spoke in Arabic): The representative of the Russian Federation has asked to make a further statement.Mr. Nebenzia (Russian Federation) (spoke in Russian): We fail to understand, Sir, why you have proposed limiting the statement of the representative of the Syrian Arab Republic on the important issue under discussion. His country is directly involved and where everything being discussed is taking place. We must afford an opportunity for the representative of Syria to speak for the full amount of time required to deliver his statement. I do not believe we need any artificial limits on his statement.The President (spoke in Arabic): I did not make a decision. I simply encouraged the representative of Syria to adhere to the provisions of note S/2017/507.I again give the floor to the representative of the Syrian Arab Republic.Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): Once again, I reiterate that we were not aware of note S/2017/507. I believe that this act is unjust and raises many issues to which I already intended to refer in my statement. I hope that everyone will be patient enough to listen to the statement I shall make on behalf of the Government of my country. I shall not deliver a personal statement. All speakers have spoken on behalf of their Governments, and I shall do the same. I encourage all members to listen carefully to what I have to say.As I talk here at this moment, hundreds of rockets and mortars are targeting the capital, Damascus. To date, they have injured 37 people, including six children, and led to a number of martyrs, including two children. That comes as no surprise. As the Council is aware, every time a Security Council meeting is held to discuss the Syrian situation, there is a massacre here and a suicide bombing there, as well as the killing of civilians in some Syrian cities. We have seen not dozens, but rather hundreds of massacres over the past seven years. Mr. Lowcock did not get this information the way he gets messages from what he calls humanitarian workers in eastern Ghouta who know about international humanitarian law. Mr. Lowcock 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 17/19 did not solicit the views of the Syrian Government, which we have expressed in hundreds of letters sent to him and to the Council. All those who in this meeting have used the word "regime" to refer to my country are neither objective nor impartial. They reveal their countries' involvement in the ongoing terrorist crisis in my country.We thank the delegation of the Russian Federation for convening this meeting to give us the opportunity to once again present the reality of the suffering of civilians as a result of the practices of armed terrorist groups or, as some call them, moderate armed opposition groups. Over the past seven years, they have been sowing death and destruction wherever they have operated. They have used civilians as human shields. They have targeted hospitals and schools, turning them into military centres. They have hurled missiles and rockets indiscriminately at residential and populated areas.Of course, as the Permanent Representative of France said before leaving this meeting, all of this is a form of resistance. He referred to the terrorists who bombard Damascus as the "resistance" that the Syrian regime is trying to suppress. This meeting is particularly important, as some actors — especially the United States of America and the so-called international coalition — have moved from the stage of aggression by proxy through their support for terrorism to the stage of direct aggression. Those actors have recruited terrorists from all four corners of the world. They call them jihadists and send them to Syria. Whenever terrorists have failed, those actors have been there — militarily, politically, through the media and the United Nations — to intervene in order to achieve what their terrorist proxies failed to achieve.Let us be clear. Some Council members — and I specifically mean the United States of America, the United Kingdom and France — would like to deprive the Syrian Government of its constitutional and sovereign right to defending its territories and people, as enshrined in the Charter of the United Nations back when we had wise founding fathers and international law and as guaranteed by all United Nations resolutions on counter-terrorism.Today, I have heard references to the draft resolution contained in document S/2018/146, on humanitarian issues. The penholders, Kuwait and Sweden, have been working on it for several weeks. I thank them for their efforts. However, those efforts are deeply flawed. The penholders did not coordinate with the Syrian delegation at all. They did not even ask to hear my country's view on the draft resolution that concerns it.Let us imagine for a moment that hundreds of terrorists had used the Bois de Boulogne as a centre to target civilians in Paris, launching dozens of missiles every day. Would we have seen a draft resolution calling for a humanitarian truce to give the moderate armed French opposition the opportunity to regain its power and launch missiles targeting Paris?Let us imagine for a moment that hundreds of terrorists had used Central Park here in New York as a centre to target civilians in Manhattan, and had launched dozens of missiles every day. Would we have seen a draft resolution calling for the medical evacuation of the moderate armed American opposition?Let us imagine for a moment that hundreds of terrorists had used Hyde Park as a centre to target civilians in London, launching dozens of missiles daily. Would we have seen a draft resolution calling for the delivery of humanitarian aid to the moderate armed British opposition? Would we have seen statements by high-level Secretariat officials, such as Mr. Lowcock, calling for stopping the fight against armed groups that they describe as non-State armed opposition groups? Unfortunately, that is how United Nations documents refer to terrorists nowadays — non-State armed opposition groups.Of course, those are all hypothetical scenarios that might seem far-fetched. However, that is the reality in Syria. It is the tragedy that we are seeing in Syrian cities every day, including the city of Damascus and its inhabitants. It is a bitter reality that the Syrian Government is facing as a result of the erroneous approaches adopted by the United Nations and the positions of some of its Member States. Damascus is the oldest populated city in history. It is seeing destruction, death and sorrow every day as a result of missiles, mortars and rockets launched by armed terrorist groups operating in eastern Ghouta. These terrorist groups — the Islamic State in Iraq and the Sham, the Al-Nusra Front and affiliated groups — are designated as terrorist groups in the Security Council. Today, 8 million people live in Damascus, among them hundreds of thousands who fled armed groups that attacked their villages and their homes in many parts of Syria, including eastern Ghouta.S/PV.8186 The situation in the Middle East 22/02/2018 18/19 18-04815 The United Nations today is going through a professional and moral crisis that is unfathomable. High-level Secretariat officials see no harm in adopting the positions of Governments that sponsor terrorism in my country. They are directly involved in distorting facts, manipulating figures, using insidious phrases and terminology, and depending on unreliable sources in their statements and reports. Of course, I cannot list all of those scandals today. I will only remind the Council of the Organization for the Prohibition of Chemical Weapons Fact-Finding Mission report (S/2017/567), issued in June 2017. The report states that among the open sources on which it relied was the testimony of British doctor Shajul Islam. For those who do not know who Mr. Islam is, he is a foreign terrorist fighting for the Al-Nusra Front in Idlib. He was convicted in the United Kingdom and was not allowed to practice medicine there as he was involved in crimes related to terrorism, such as kidnapping British journalist John Cantlie. That is but one example of some misleading reports issued by the Secretariat.We are convinced that those abhorrent practices will not stop and that some United Nations officials will ignore the serious information that we have conveyed to them about armed terrorist groups fabricating the story that the Syrian Government used toxic chemical substances against civilians in eastern Ghouta. Those groups are training some of their members to pretend that they have been exposed to toxic substances. Of course, those scenes are broadcast by well-known networks and correspondents of Mr. Lowcock, and the Syrian Arab Army is blamed for it. Although we have sent hundreds of letters to the Secretary-General, the President of the Security Council and specialized United Nations agencies specialized in counter-terrorism and the prohibition of chemical weapons, we are sure that some at the United Nations will not hesitate to believe that story and blame the Syrian Government. That is simply because certain agendas in the Organization compel some to join in the extortion of the Syrian Arab Republic and its allies that are fighting terrorism on behalf of all those present.For over two months now, the Syrian Government has been sending letters almost daily to the Secretary-General and the President of the Security Council documenting the number of missiles used, which have amounted in the past few weeks to almost 1,200. We have been also documenting the human and material losses of civilians in the city of Damascus as a result of being targeted by terrorists groups in eastern Ghouta. However, in its statements and appeals the Secretariat has no problem ignoring the suffering of 8 million people in Damascus. It has not hesitated to participate in the misleading campaign launched by some States to protect a few thousand members of armed terrorists groups in eastern Ghouta. They are sacrificing 8 million civilians in Damascus to protect a few thousand terrorists in eastern Ghouta. This is scene in short.Both international and United Nations sources are spreading news of a stifling siege on eastern Ghouta. That is not consistent with the indisputable reality on the ground. We are talking here about a vital area that is the main source of food for the city of Damascus. Commercial trucks constantly move back and forth to Ghouta. The Syrian Government has facilitated the delivery of humanitarian aid to people in eastern Ghouta, when conditions on the ground have allowed. We have also approved medical evacuations to Government hospitals in Damascus. The truth that we all know, and even high-level Secretariat officials know, is that armed terrorist groups are controlling the humanitarian aid that enters eastern Ghouta. They distribute it among its members and deprive civilians of any of it.There is another truth that the Secretariat is ignoring. Residents of eastern Ghouta have taken to the street in protest against the practices of terrorists who point their guns at innocent people. Of course, those besieged innocents are also sending messages, but Mr. Lowcock's radar is not receiving them. I would like to ask the Secretariat the following. How does it justify ignoring the reports and information that the Syrian Government has presented on thousands of hostages and kidnapped people being detained by armed terrorist groups in eastern Ghouta in the so-called Attawba prison? They require immediate medical evacuation. The United Nations is ignoring video footage posted by armed groups showing women and children, among the hostages, being pushed into metal cages and left on the street. It is a painful scene reminiscent of the times of slavery. It is true insanity that the Secretary-General spoke of yesterday and has been echoed by some colleagues today. Yes, there is terrorist insanity in eastern Ghouta and we must put a stop to it.What is even worse is that some in the Secretariat are trying to use the agreement on de-escalation zones to distort the facts and ignore repeated violations perpetrated by these armed terrorist groups. They are 22/02/2018 The situation in the Middle East S/PV.8186 18-04815 19/19 being instructed from the outside by actors that some of them are present in this Chamber. They are instructed to target Syrian military sites and launch attacks using rockets, missiles and car bombs on residential neighbourhoods in Damascus.These groups operating in eastern Ghouta that kill civilians in Damascus daily are armed terrorists groups, regardless of any change to their names, affiliations or alliances. Today they are Jaysh al-Islam, the Al-Rahman Corps, the Dawn of Islam and Ahrar al-Sham. Yesterday they were the Islamic Front, Hay'at Tahrir al-Sham and the Al-Nusra Front. I invite all members of the Council to take a look at the websites of those groups and the satellite television channels that Western satellites are helping broadcast. It will become apparent that they all share the same Wahhabi terrorist ideology, and that they all call for takfiri ideas and the annihilation of others. Any attempt to change their names and description by calling them moderate opposition or non-state armed groups will not change their terrorist reality. It will not prevent us, as the Government, from defending our citizens with the support of our allies, and fighting terrorism pursuant to the Council's resolutions on counter-terrorism.Some among us today are exploiting the suffering of the Syrian people and trading in their blood. They are demanding accountability while being direct partners in supporting and defending terrorism. They are involved in direct military aggression against my people, as was the case in Palestine, Afghanistan, Iraq, Libya, Africa and Latin America. The dilemma that we are facing today is that the mechanism of work inside the United Nations is being held hostage to political and financial polarization. As a result, this mechanism of work completely disregard the crimes of the so-called international coalition led by the United States of America.As mentioned by my colleague the Ambassador of the Russian Federation, the international coalition completely destroyed Raqqa, killing hundreds of civilians and destroying shelters, infrastructure and bridges over the Euphrates river and everywhere in Syria, under the pretext of fighting the Islamic State in Iraq and the Levant (ISIL). It used internationally prohibited weapons against civilians in Syria, including American Napalm, just as it did in Viet Nam. The international coalition targeted Syrian armed forces and allied forces more than once in order to break the siege on ISIL. The coalition and its militias made a deal with ISIL so that ISIL fighters, their families and their heavy weapons could leave Raqqa and other places in order to fight the Syrian forces and their allies elsewhere.The United Nations is completely disregarding the repeated aggressions of Israeli occupation forces on our territories as part of its support to armed terrorist groups. The Department of Peacekeeping Operations is clueless as to what is going on in the Golan. The United Nations itself is completely disregarding Turkish aggressions and violations against Syrian sovereignty, and the direct military aggression initiated now by Turkey on Afrin. Nobody has addressed this issue in their statements.In conclusion, responding to those who fear that eastern Ghouta might become a second Aleppo, I invite them to go to Aleppo today and see with their own eyes how millions, not thousands, have resumed their normal lives after Aleppo was liberated from terrorism. Indeed, eastern Ghouta will become a second Aleppo, as will Idlib and all areas that have suffered under the terrorism of armed groups in Syria.We will not succumb no longer to the extortion of those who have supported terrorism in Syria. We will not be complacent to the plans of the Governments of the five States that met in Washington, D.C., last month to divide Syria and ensure the failure of both the Sochi conference and the political process as a whole. That news was reported today in the United Kingdom. We will not sit idly by while those who use terrorism, take unjust economic measures and wage direct military aggression against the Syrian people seek to achieve their cheap political agendas. Rest assured that history will soon admit that we and our allies have fought a war on behalf of the entire world against terrorism, which is being supported by Governments that soon will be held accountable by their people and world public opinion. Those Governments have invested all they can in terrorism until it reached their cities, their own citizens and all safe places throughout the world.When I look at some of the faces in the Chamber and see the political hypocrisy therein, I recall the famous adage by the Great Russian writer Fyodor Dostoyevsky, who said: "Rest assured, hell is big enough for everyone. There is no need for people to compete so fiercely to be the worst."The meeting rose at 2.10 p.m.

Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays noth­ing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, ab­solutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favor­ite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian lan­guage." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in north­east Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Town­ship in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European popula­tion in Arkansas was the main cause for the vulnerability of Euro­pean legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cava­lier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mis­sissippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, imme­diately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Fa­ther Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the dis­charge of their muskets. They then planted the column while re­peating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians cele­brated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Set­tled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusi­asm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUI­SIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Ca­nada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French set­tlement. 14 By then the French had evidently abandoned the Arkan­sas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisi­ana to its readers: Gold and silver could be mined there "with al­most no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others al­ready have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spo­ken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Li­brary). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writ­ers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCA­TIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Ar­kansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (conces­sionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occu­pied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insig­nificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas con­cession, both the colony and the military establishment were in con­siderable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Du­mont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkan­sas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, de­cided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government re­tained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Cou­tume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the com­mentary on it by the time of its adoption in Louisiana was volumi­nous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Loui­siana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclu­sive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addi­tion, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to ap­point the Superior Council, to name governors and military com­mandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legis­lation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of pro­bity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these lo­cal tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's coloniz­ing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts origi­nally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources sim­ply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved worka­ble in remote places like Arkansas to assemble a multi-member ju­dicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illi­nois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLO­NIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial func­tions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained ex­posure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he di­rected to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained iden­tical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisi­ana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men com­manded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of condi­tions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Col­ony with a sway as absolute as that of the Pasha of Egypt, and judg­ed civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible read­ing it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkan­sas commandant's judicial jurisdiction was not necessarily as exten­sive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Ar­kansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieu­tenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distri­bution to the petitioner's son-in-law and daughter who had the pre­vious May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had nar­rowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 Octo­ber, 1743, he would inventory the "real and personal property de­rived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have in­dependent appraisers present to insure the impartiality of the inven­tory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1s­SIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all mov­ables (personalty), belonging to a husband or wife, whenever ac­quired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Cou­tume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their prop­erty; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the comman­dant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval Euro­pean ecclesiastical courts, the notary developed into a nonconten­tious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an im­portant aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the six­teenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obli­gations (or bonds), and they gave a certain amount of low-level le­gal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time con­cerned themselves mainly with drafting documents relevant to inter­national trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep common­law attorneys from competing, and in 1804 parliament made con­veyancing the monopoly of the regular legal profession.62 In con­trast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to vol­untary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fu­srim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial con­tracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased per­sons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orle­ans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inven­tory, it is reasonably clear that there was no provincial notary resi­dent at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European pop­ulation to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfort­ably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was at­tacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habi­tant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the comman­dant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to de­sert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relo­cated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own ex­pense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Ar­kansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigen­cies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkan­sas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the le­gal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had re­turned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws cap­tured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Eng­lishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to un­dergo punishment for his crime." Evidently the soldiers were claim­ing this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the cus­tom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-­revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly main­tained that "the sole purpose of his journey was to obtain the par­don of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatso­ever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to sat­isfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in ad­dition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific de­terrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his par­don was directed to the Council. Interestingly, though Berryet ad­mitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Ber­nard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The transla­tion is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommo­date an important ally. Faithful adherence to legal principle some­times had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some or­der to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eight­eenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdic­tion exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is prob­able that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the docu­ment under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mis­sissippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This fea­ture came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instru­ment. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the comman­dant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on Janu­ary 6, 1752. Marriage contracts have no exact parallel in common-law prac­tice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their expla­nation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in mar­riage contracts executed in accordance with eighteenth-century Pari­sian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ec­c! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a dec­laration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provi­sion. The dowry brought to the marriage by the wife was next re­cited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to cele­brate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Cus­tom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Par­ties were allowed in Louisiana to contract almost any property ar­rangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the cus­tom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one rea­sonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkan­sas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophistica­ted and rudimentary.91 It contained only a promise to marry regu­larly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settle­ment was, then, it is nevertheless clear that at least some of its peo­ple were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Cana­dian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the sur­vival of civilian legal form in so remote an outpost of empire. Obvi­ously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous loca­tion. Arkansas Post, moreover, over the years experienced an ex­treme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkan­sas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present loca­tion of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Missis­sippi. The location delayed convoys and Governor Vaudreuil ex­pressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon oc­curred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Lays­sard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural commu­nity of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period con­sisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indi­ans." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAV­AGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Type­script in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was en­closed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and com­merce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mis­sissippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discour­agement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois le­gal procedures have generally been afforded a more cordial accept­ance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and Euro­pean legal culture. But the few legal records that chance has al­lowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Fa­ther Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The com­munity property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resi­dent of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vau­gine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisi­ana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second mar­riage contract, passed by Detrepi in 1764, was prelude to her mar­riage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and intercon­nected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regu­lated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Ma­rino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres sin­gled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with con­tempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained them­selves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European popula­tion in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Ar­kansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkan­sas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exer­cised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Ar­kansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say

Interview with Atillio and Robert Antonioni. Atillio is an attorney in Leominster, MA and Robert is a Massachusetts legislator. Topics include: The family restaurant business: Atillio's mother opened a pizza shop called Lazy A and then the Il Camino. Importance of education for the family. What the neighborhood was like when Atillio was a child. How the neighborhoods in Leominster have changed. Robert was elected to the Leominster city council in 1984 and then went on to become a state representative and senator. What it means to be Italian. Atillio's work as a lawyer in Leominster. ; 1 SPEAKER 1: [Unintelligible - 00:00:03] with the Center for Italian Culture at Fitchburg State College. It's Friday, January 25th, 2002. We're at the Offices of Atillio and Robert Antonioni, 42 Main Street in Leominster. So I'll ask both of you to um, just tell me your name just so I can… ATILLIO: Atillio Antionioni. ROBERT: I'm Robert – Robert A. Antonioni. SPEAKER 1: Okay, usually I interview people [unintelligible - 00:00:33] closer and then back to you. I was telling your father that I've interviewed a lot of people in your family, okay. So I got a lot of the history from your brother as far as your mother and the restaurant business and – and uh, I thought it would be interesting if you could just tell me your memories of that, um, not necessarily dates because I really have that but just your memory of uh, her opening the restaurants and – and cooking. I believe she began with pizza? ATILLIO: Yes. Yes, she did uh, prepare pizza for the various people at the uh, the Dupont Facility that is back of us down there on Lancaster Street and the business to get into. We used to drive through the center of Leominster at night and there was the – that was a line outside there and she always felt that if uh, they could do it, she could do it. And so uh, they did. They opened a restaurant down there on Lancaster Street, the Lazy A. It was lazy because they worked very long hours but uh, we did have the restaurant there. That was when I uh, back at college at Holy Cross. We, she commuted to school each day and then worked in the restaurant at night. My brother and I used to alternate nights there working in the restaurant, everything. We were chief-cooking, [bottle] washers. We would uh, help cook the food, prepare it, uh, uh, clean up. I mean if it's done in a restaurant, we did it. SPEAKER 1: I guess it's important to know there are reasons for that?2 ATILLIO: The long hours, it's enough to discourage anybody. SPEAKER 1: Mm-hmm. ATILLIO: Then we did that one 'bout a number of years there and uh, until my folks retired. But uh, they were out of the business for five years or so, and my mother was always itching to get back in. So they built the El Camino Restaurant down on Central Street – sold the Lazy A, which is now known as the Gondola, sold it to the same people the El Camino that we sold it to. SPEAKER 1: Oh. ATILLIO: So that was extremely important to my mother. Unfortunately, she had to leave school early and go to work. And she was just [unintelligible - 00:02:54] felt that education was extremely important so that she's determined that we were going to go to school. There was no question about that. SPEAKER 1: And idea of when you were in high school, what would a day be like if – well, actually she didn't open up the Lazy A until you were in college. Is that what you said? ATILLIO: Till I graduated from high school. And the Lazy A was opened, I think, in the spring of 1948. After that time, however, we – father used to work at the DuPont. And he would work the 4-12 shift, I mean, because that paid a little money. And at that time, we were – she was also cooking pizzas at home that we would deliver to the Foster, to the cafeteria at the Foster Grand company. And so before I went to school in the morning, we would deliver pizzas there at the Foster Grand and then go to school. So when I was… SPEAKER 1: And when did you study? ATILLIO: Oh, in the afternoon and evenings. Well, I worked in the afternoon. I worked at the A&P. So we worked every afternoon then, but at night, we would study. It was always important to my folks and we did it. SPEAKER 1: Now was it only you and your brother in the family?3 ATILLIO: No, I have two sisters. Margaret and Margaret's husband own the [Volero] Insurance Agency. He passed away several years ago, and she sold it after that. And my sister Janie is [unintelligible - 00:04:31] thirty years, doing accounting work for them. SPEAKER 1: What was life like as a child? Can you tell me about the neighborhood that you lived in? ATILLIO: It was a good neighborhood. Life, I think, was much better for us than for many other families. My mother was an extremely hard worker. She knew how to stretch things considerably so that – I recall going to school during the depression there. There were many other children that weren't well-dressed as well as they could be and so forth, but we always had decent clothes. My mother made a lot of them. We lived on [unintelligible - 00:05:16] Avenue at that time. We had a large yard there, and we had – always had a large vegetable garden. There were fruit trees there and my mother would can all types of vegetables and fruits and things of that nature. So actually, I always thought we lived very well as compared to a lot. SPEAKER 1: Now when you would work in the afternoon, were you expected to put, let's say, the money on the table? ATILLIO: Oh, yes. The money was turned over to my folks. We got spending money, of course, but we turn the money. It was saved and [unintelligible - 00:05:54] so forth. SPEAKER 1: Mm-hmm. ATILLIO: I mean they were never using it to – for daily expenses, I'm sure of that. SPEAKER 1: Mm-hmm. ATILLIO: I mean they didn't confide in us. That's just the way everything went, but they had to save money in order to send us to school. SPEAKER 1: What kinds of leisure activities were you involved in?4 ATILLIO: In those days, we did a lot of visiting, obviously, because you didn't have any television. It was visiting with relatives and friends and playing with other children and so forth. And my father's club had an outing every year at Sima Park at Fitchburg, which was a big event and so forth. We go on picnics. We went on many of picnic at the [unintelligible - 00:06:40] Park. It was very enjoyable. But mainly, it was visiting with relatives and friends. SPEAKER 1: Mm-hmm, were you living in a predominantly Italian neighborhood? ATILLIO: Oh, no. We used to call it the League of Nations that was – there were Italian people there, but there were Irish, German, French –there was everybody. SPEAKER 1: At Longwood Avenue? ATILLIO: Yes. SPEAKER 1: So is it safe to say that you had friends of all ethnic race? ATILLIO: Oh, yes, absolutely, absolutely. There's always somebody around there that, you know, different people, obviously most of the relatives, well, all the relatives, will tag in but friends and so forth with everyone. My mother worked at the DuPont previously, and there were a lot of French-speaking women there and so forth and she learned to speak French working in the factory, so that she could speak… SPEAKER 1: How did as children, how did you really identify your differences? ATILLIO: With regard to ethnic backgrounds or whatever? SPEAKER 1: Mm-hmm. ATILLIO: Oh, we never even thought about it. As I say, there was everybody there. We went out in the street and played. SPEAKER 1: Uh-huh. ATILLIO: And everybody played, regardless of what your background was. And there weren't any problems.5 SPEAKER 1: Oh, there wasn't any tension? ATILLIO: No. SPEAKER 1: Or dissension? ATILLIO: No, no, no. SPEAKER 1: Mm-hmm. ATILLIO: No. SPEAKER 1: How about your decision to go to Holy Cross? ATILLIO: Well, my brother was going there and so, you know, little did I know about schools and so forth but he went there so I figured out it would be a good place to go also. There was a question about whether I was going to be able to afford it and so forth. But they made it. SPEAKER 1: Now were you commuting with him and others? ATILLIO: Yes. I had an uncle from Fitchburg, actually, yes, who was the – you indicated that you would interview my Aunt [Doras] and Aunt [Via]. There was my Uncle Charlie who could tell from Fitchburg, and he was going to Holy Cross also. And he had a car and we commuted. There were other people from Leominster that he would pick up in the morning also and, you know, drive to [unintelligible - 00:08:55] after we had the restaurant then there was a little more money around and I had a car to drive back and forth in my senior year. SPEAKER 1: Now were you working at this time also? ATILLIO: Oh, yes. In the restaurant, yes, every other night. SPEAKER 1: Every other night? ATILLIO: Every other night, we worked in the restaurant, yes. But you had the study done during the day at school, during off hours and so forth. SPEAKER 1: What was Sundays like? ATILLIO: Well, when I was small, it was very enjoyable. There was always the big Sunday meal. And, of course, everybody go to church in 6 the morning and come back and there was a big Sunday dinner. And usually in the afternoon, it was lying around, taking it easy, going to visit people, listening to the radio and so forth. In later years, of course, once we had the restaurant, there was work because the restaurant was so full on Sunday. SPEAKER 1: Now was religion important to your family, your parents? ATILLIO: Absolutely. My mother was an extremely religious woman and we were on a very short leash; we didn't stray very far. She was, as I say, she was watching us all the time and brought up in a very religious manner, yes. SPEAKER 1: Were there any gender differences in the family as far as what the boys were expected to do and girls? ATILLIO: Well, not really because there were almost two families there. My brother and I, the girls didn't come along until 15 years later or something like that. And so it's just my brother and I, and we grew up doing housework and everything else. Before we had the restaurant, Saturday was a house-cleaning day, and we did dusting and everything else. And we washed dishes like everybody else. The girls came along at a later time but by then we just couldn't – just dropped the so-called family life because we're working. The girls didn't grow up the same way that my brother and I did because of my visiting and so forth so. But the restaurant was closed on Mondays, and every Monday, I would take the girls – SPEAKER 1: Oh, is education important for the girls to have too? ATILLIO: Oh, yes, yes. My sister Margaret went to Rivier College in New Hampshire, and Janie went to [unintelligible - 00:11:32], did a very good job with the [unintelligible - 00:11:35]. She's been with them a long time, she's almost… SPEAKER 1: Bob, are you bored yet, just sitting there? ROBERT: I'm all right.7 SPEAKER 1: So I thought maybe I could ask you about your childhood. First of all, were your grandparents alive? ROBERT: Yes, they were, yeah. SPEAKER 1: Can you tell me what you remember? ROBERT: My dad's mother didn't pass away until 1997. SPEAKER 1: Don't know, for some reason. The only thing that's been put there – I'm not sure why this is happening. ROBERT: Usually on Sundays… SPEAKER 1: I'm fine, but I'm trying to get in, if you can tell, as close as possible to – so never? ROBERT: Never. SPEAKER 1: You have had something to do with that or…? ROBERT: No, but I, you know, I could see that the hours there were really long, were very long. But no, it's not something I ever thought about up here in town, in Leominster. There were quite a few of us kids there so it was a busy place – a lot of children in the neighborhood too, so it was – well, I'd say we were all pretty much, you know… so, that's what I remember about that. ATILLIO: Well, in a sense it was that because the Oliviers have a French heritage and the [unintelligible - 00:12:55] were Irish and… ROBERT: Right. ATILLIO: We were [turning] to 22 children in those four households or five households, I mean… ROBERT: Well, that's probably true, I think growing, we didn't think so much about our heritage. It wasn't something that really… you know, we go to different churches, I suppose you could say, but that was it. ATILLIO: Well, in my day, of course, you had mostly the first generation… the parents were all immigrants. SPEAKER 1: Mm-hmm.8 ATILLIO: And obviously they tended to live with other people of their own heritage as a street area. The French were all congregated in Plains. And then that was only because I think you tended to stay among the people that you know and you were comfortable with, so to speak, because you had – many parents spoke only their ethnic language. My grandmother could speak a little English, but not much. It was mainly Italian and she had been in this country for many years. She was 99 and a half and still speaking Italian. And if you go down to, down on the hill, there'll be older people that are still speaking French all the time. So it was just – it isn't like today where everybody's just spread out and has gone everywhere. You tended to stay among the people that you knew and have been and so forth. SPEAKER 1: Is there a – a still… ATILLIO: Some of the old timers, but some of the old ones, yes. And my wife delivers communion to elderly in [unintelligible - 00:14:37] so forth, and some of them only speak Italian – prays in Italian so that she could say the prayers with them. And that was so they knew what to [unintelligible - 00:14:46], not too much. SPEAKER 1: And did your parents –? ATILLIO: Yes, but not always no. No, no – mainly with them it was English. But obviously they knew Italian very well because they were born in Italy and came to this country. But in the home and most of the time, 90 percent of the time, they were speaking English. If they visited other people, they would speak Italian to them depending on, you know, who they were. Those days a lot of the people, the people are a lot more comfortable with their native language. So they – there's not too many of those. SPEAKER 1: Italians? ATILLIO: No, no, no. SPEAKER 1: English?9 ATILLIO: We spoke English all the time. But they never spoke Italian in the house to us. Well, they tried to teach us Italian, but Mother bought books and we took lessons and things of that nature but… ROBERT: Yes, I think we – I think my folks expressed that with us certainly and you know, we would watch very much of, a factor. Yes. ROBERT: Well, I'd set an example I suppose and just seemed more of a natural fit for me than any other … ATILLIO: Oh, there was really no good reason for it. After I graduated from Holy Cross, I went into the service. And when I get out of the service, I didn't really know what I wanted to do and law school. You know I said not like being [unintelligible - 00:16:21], so I went to law school. It was that simple. SPEAKER 1: Mm-hmm. ATILLIO: Oh. SPEAKER 1: Mentor? ATILLIO: No, because I didn't even know any lawyers in those days. I didn't know one, graduated from law school and started working. SPEAKER 1: That's pretty courageous, I think. ATILLIO: It's been a good life, I've enjoyed it. SPEAKER 1: Mm-hmm. ATILLIO: Yes. [Angst] instead of leaders, there's no question about that from the way I used to practice, but it's enjoyable. I think when he was in college, he indicated that he wanted to become a lawyer also and I do law schools. I have a daughter who's an attorney. She graduated from [unintelligible - 00:17:09] in nursing and she practiced nursing for several years, but then decided she wanted to go to Arlington and [unintelligible - 00:17:24] John was in Bentley and Christina's wished to stay. All gone to school, but so when you talk about education, yes, we felt it was an… SPEAKER 1: You're the first Italian in Leominster and Fitchburg to graduate from law school?10 ATILLIO: No, oh no. No, there was a – in Leominster there was a Gene Oliver, he was the – when I started he was helping [unintelligible - 00:17:53] and then he was probably in his sixties then. Johnsberg, Paul San Clementi, a number of different Italians as attorneys – many, many more so since then, but they're all over the place now. SPEAKER 1: Mm-hmm. ATILLIO: Hmm, you know… SPEAKER 1: What were Sundays like growing up? ROBERT: Some days, everyone was around. It was a family day, you know, we'd usually go to, have a big lunch at home. At times we'd have relatives that would visit or we would go there, maybe – I'm guessing maybe once a month or something. But it was a time that we'd spent at home really. That was my recollection. We could play outside, but it was more of a family day, to be honest. That's what I remember. SPEAKER 1: What are Sundays like? ROBERT: Sundays are a day to relax, you know. You go to church in the morning probably… Well, we don't do that as much. My wife Priscilla and I will spend the day together, because work's in Boston and we don't see each other until, you know, seven, eight o'clock at night usually. And Saturdays, I typically work for at least half the day. So, Sunday we'll probably spend some time together or maybe take a ride or… My Uncle Ed was a fellow who was married to my Aunt Margaret; he had been a city councilor. And I think I always knew growing up that politics would be an interesting thing, like the fun thing to do. I always thought that that would be something I would try, be something I could do on my own so, I decided to run for the Leominster city council. It was a [unintelligible - 00:19:47] after I got out of law school, I graduated in '83 and I, city council in I guess it was '84 because I was elected on the city council. It wasn't really after I got out of 11 law school that I ran for office. And then state representative in Leominster, Angelo [Pacuzzi] passed away. He had been there for, passed away. It was an election year and I decided to run with a number of other politicians, and I was lucky enough to – we have the senate seat opened up and I ran for that too, so that's how it… SPEAKER 1: Um… ROBERT: I think that when Angelo Pacuzzi passed away, my Uncle Ed might have said to me "Gee, you should think about that." And I had to do it, you know. And he was, he was very helpful to me, I couldn't have done it without him. He had been a reporter at Leominster years earlier and he always enjoyed politics too. And he actually helped Angelo Pacuzi when he ran for the seat, you know 15 or 17 years earlier. And there was another guy by the name of [Chockie Antonucci], who was a firefighter, retired firefighter in town. I mean, Chock and Ed, you know, they really helped me out a lot. I never raced – they were actually involved in both of them. They were involved in the city council race, the state representative race and then the senate race; they were great, you know. SPEAKER 1: Mm-hmm. ROBERT: I think so. I mean, I think that the ethnic factor certainly helped in Leominster, no question because, as my dad said there are it's a big [unintelligible - 00:21:22], and I think that that is a – from a politician's standpoint, the ethnic vote is still important and people, particularly those who are older, are certainly willing to consider someone of their heritage. Ethnic factor is a big thing, sure, even today. ATILLIO: I remember the incidents and so forth with all the happenings, yes. We were in Leominster at the time so, you know, we didn't take that much interest, as they would in Fitchburg. SPEAKER 1: Mm-hmm.12 ATILLIO: But in those days, he mentioned Chock Antonucci and Buck became a fireman. And a big party down there, because I am going on the, into the fire department; there weren't many around even beforehand or something like that, and so this department had a number of Italians. As I say it today, nobody looks at those things anymore. And I think it's for the better, obviously, because it shouldn't make any difference who you are; you know, as long as you are qualified, you should be in these positions. But again in those days, there were close-knit groups than there are today. SPEAKER 1: Mm-hmm. What does it mean to you to be Italian? ROBERT: I had my identity. You know, it's a connection by, you know, cousins and, you know, part of your identity. SPEAKER 1: Mm-hmm. ROBERT: You know, special thing, it is. And it's something you can, well, like I think I would want my children to appreciate. Oh I think you, you learn as you get older that there are people that share a different background with you and you come to appreciate [unintelligible - 00:23:10] that too. And as a legislator, you travel around a bit, you meet a lot of different people from – that's a – so you begin to, I think you appreciate the differences in people, too, that you know otherwise; it gives you a lot of perspective. SPEAKER 1: Now… ROBERT: Actually my wife is half Italian. SPEAKER 1: Is she? ROBERT: Yes, her grandparent – Boston, believe it or not, they were protestants. Her grandparents were Protestants when they came over. I think, Boston – the community in Boston were very supportive of grandparents. I imagine at some point they were Catholic in Italy, but that's just the way it was. And her grandfather was an Italian lawyer in Boston, and she's very proud of that.13 SPEAKER 1: Mm-hmm. ROBERT: And she's an attorney too. SPEAKER 1: Oh, not moving back to Leominster? ROBERT: Well, I think that being in politics – well, no really. Because when I graduated from law school, it was my intention to come back and work with my dad. So I intended on living here, but now being in politics and serving this area, Leominster, I expect that I'll continue to live in Leominster or the surrounding communities. SPEAKER 1: Mm-hmm. ROBERT: Or one of the surrounding communities, sure. SPEAKER 1: I'd like to continue with… ATILLIO: Leominster, of course, has grown considerably. When I was in high school, there were only about 17,000 people in town. I remember one brochure describing it as a semi-agrarian community. We still had a lot of farms though, yes. Entire outlying areas were all farms here. SPEAKER 1: Uh-huh. ATILLIO: But now 30,000 people now. So the city has grown tremendously; there's no question about that. And the law profession, when I – so 17 lawyers in town and it must be 50 now anyway, tremendous increase in the number of attorneys all over the place now. And the law profession itself has changed. In those days, [aces and] things of that nature, now the actual in case that we take up 10 percent of the law work. You have so many more fields that have opened up. Environmental issue… SPEAKER 1: How is Leominster changed in just the period of time that, you know, you've grown up here and now as far as ethnic composition or is it – does it still have a hometown feel to it? ROBERT: You know that depends on who you ask. If you ask my wife, she'd tell you that it looks like something out of the '50s, you know. But I think it's changed quite a bit. You know, as my dad said, it's 14 really grown. And that I've, you know, come back to practice in the last 17 years or so, it's grown dramatically. I think that you've got many, many people coming from outside the city to live here and work because of its location on route two. And you got many of the developments that were built up on the farms and the old ski area here in town. They tend to be high-priced homes, at least as this area had known the housing scale. And you've got many people coming who didn't grow up here, who really had no connection to Leominster. And that's true, in fact, of the whole area here, the system migration west and because people are looking for affordable housing. Leominster's changed considerably. You know, I still think of it obviously as home. But it's a much busier place. I mean, you can't drive downtown on Saturday without waiting in traffic 10, 15 minutes. Friday afternoons as well, it gets awfully busy – sign of the times. SPEAKER 1: Now I wish [unintelligible - 00:27:24], did you have Italians coming in to be serviced or was it about… ATILLIO: No, not here. I never – quite frankly, we relied on the Italian community for my livelihood. I'm more – Italians, I think the one reason for that might be that my mother and father came from Fitch – Leominster people. SPEAKER 1: Mm-hmm. ATILLIO: So and at the time that I was starting, Jimmy Oliver was representing all the Italian people in town and John [unintelligible - 00:28:05] was. And they got the bulk of the Italian trade, so to speak. So it was just regular people, all kinds coming in to different things. The last 25 years or so, I haven't been to court in 20 years now because all I do is mortgage work for banks and probate work for those in the States and things of that nature, so that that in itself is literally with me. Like I said before, he handles far more different things than I ever did. And obviously it won't, 15 well, because I'm reaching the end of the trail here; I've been around 45 years now. But as I say with my work, with doing just mortgage work for banks and things like that, I handled dozens of closings for residential houses and lawns, shopping malls, the whole [unintelligible - 00:29:10] people needed. SPEAKER 1: Oh and initially when you began – I guess this is progress, all that noise outside, right? Anyway, when you first began business, how did people pay for your services? ATILLIO: Well, I was never one to get paid up front, because I knew a lot of the people didn't have a lot of money. And I never lost a lot. I mean I – some bills have gone sour but I never regretted that – I never had a real problem with regard to it. SPEAKER 1: Mm-hmm. ATILLIO: But it's interesting, you've just indicated that, the noise of the traffic outside. Well, when I started, we didn't have I-190 or any other highways. And all the traffic used to come right through town here. Everybody going from Worcester up to New Hampshire or through this entire area, they all used Route 12. And Route 12 goes right through the center of town here. SPEAKER 1: Mm-hmm. ATILLIO: And you got the traffic light there and you got the traffic light there. And it was amazing, even in those days, the number of trucks that you had. And everyone of them was stopping here and I started out across the street there. And – well I had an office at [unintelligible - 00:30:37] at 39 Main Street. And [unintelligible - 00:30:42] time you have the window opened and it was just trucks, trucks, trucks. And they stop for the lights and they rev the motors and so forth, so you had to close the windows [unintelligible - 00:30:52] try and do anything. So this is nothing compared to what it used to be like. SPEAKER 1: Did you begin by yourself?16 ATILLIO: No, I started next door in this building over here with Isidore Sullivan. SPEAKER 1: Mm-hmm. ATILLIO: And I was with him for five years and then I went, branched off on my own. Went across… SPEAKER 1: What's it like working with your son? ATILLIO: It's good, it's very good. I've enjoyed it. I've enjoyed it. We don't have any problems. ROBERT: No. ATILLIO: We understand each other. We ask each other for advice and opinions and so forth. ROBERT: Mm-hmm. ATILLIO: And I think the main thing is that it's, you know, we trust each other. ROBERT: Mm-hmm. ATILLIO: So that when we ask a question, we're getting a truthful answer, you know for us, in our circumstances and so forth. So that…no, I've enjoyed having him with me tremendously. I don't know what I would have done if he hadn't come here, because I wouldn't have lasted this long, I'm sure of that. ROBERT: And it's been good, it's been very good. If my dad hadn't been an attorney, I don't know what I would have done too. But it's good, you know. I keep telling him that he can retire anytime he wants, although like I secretly don't want him to go. But no, it's been very good, you know. It's been a comfortable place to work. SPEAKER 1: Mm-hmm. ROBERT: You know, I've never really thought of not doing this. The political job has enabled me to do other things, but still allowed me to stay here. And you know, I never thought of going someplace else, you know. It's a very comfortable place and, you know, we know each other obviously and… good, it's been good; I'm glad.17 SPEAKER 1: What happens when he retires? ROBERT: I don't know. [Laughter] He promised me… ATILLIO: I won't be far away. ROBERT: He promised me he won't. So, I don't know. I don't know what I –honest to God, I really haven't thought about it. SPEAKER 1: Mm-hmm. ROBERT: And I keep telling him that, you know, whatever he wants, that's okay. He can do that. But I think my dad, this is like his, it's part of his work, but it's kind of his hobby too, I think really, you know. You know, I like to go fishing and stuff; he doesn't fish. So I think this is…I hope they say I'm honest, you know. I was sensitive to their situation. I guess that's what I would hope they would – I think education seems to have become the real big issue today, at least as I've been there. It's just really grown, you know, both in terms of prominence, in terms of the money that we've committed to it. It really is that the issue people seem to care most about fall pretty close to the other thing by healthcare. That's how it changed a lot. People tend to come to us for just about everything; you'd be surprised. The calls that we get from people that are having a problem with the Registry of Motor Vehicles or the Department of Social Services or traffic light or – you'd be amazed with some of the calls we get. And sometimes if they won't find me, they'll call my parent's house, you know, looking for me. They'd call like late, in the middle of the night sometimes, yes. ATILLIO: Yes, quarter to four the other day. ROBERT: Yes. SPEAKER 1: Quarter to four? AM? ROBERT: In the morning. ATILLIO: In the morning. ROBERT: Yes.18 SPEAKER 1: What happened? They can't wait or something? ATILLIO: We got to talk to the senator. [Laughter] SPEAKER 1: But not at that time. ROBERT: I think my mother hung up on them, which is pretty unusual for my mother to hang up on anybody but… ATILLIO: No, she said, "Call the office in the morning, not now." ROBERT: Ah, right. ATILLIO: You realize what time it is? My wife is a much nicer person than I am. [Laughter] ROBERT: I was friendly with Paul. I always liked him. He had been a legislator for a long time. We have a number of mutual friends, so I didn't endorse him when he ran as a Democrat. SPEAKER 1: Okay. ROBERT: He really – but I didn't endorse the Democrat either, who's running against him last time. You know, I think that on Beacon Hill, a lot of the partisan stuff is put aside most of the time. SPEAKER 1: Mm-hmm. ROBERT: When the governor takes a position, very often it's partisan with the speaker or the senate president, but for the average person out there, you know, I think that you've got to have your eyes open and just kind of do what you think is the right thing and not so much what the political thing is, or what the partisan thing to do is. I think people don't really care about that a lot. SPEAKER 1: Mm-hmm. ROBERT: So I didn't have a hard time working with Paul Cellucci or Bill Weld or James Swift. I got along well with Mike Dukakis too. It didn't really matter who the governor was, or the party so much, I don't think. Once they ran, you know. SPEAKER 1: Mm-hmm. ROBERT: I mean you got to work with people. SPEAKER 1: So do you ever reflect on…19 ROBERT: Oh yes. SPEAKER 1: Where you are now? ROBERT: Sure, yes. I'm sure for them it was a real – I'm very lucky, you know. I know that. We were brought up, you know, our parents were there and they gave us a great education. We had a great family life, there was a lot of love there and that made all the difference. We all went to good schools. We had advantages that my grandparents never had, you know, on either side of the family, in terms of education and the ability to provide for ourselves. SPEAKER 1: Mm-hmm. ROBERT: For most of us, I think it really hasn't been a struggle. And that's, you know, that's a credit to my parents and my grandparents, to set out and establish a home someplace we don't know anyone or maybe they don't even speak the language. People wouldn't think of doing that, but back then it was fairly commonplace with [unintelligible - 00:37:36]. SPEAKER 1: That… ATILLIO: No. SPEAKER 1: That – you know… ROBERT: No, I don't – you know – I don't know. I… ATILLIO: No, that's all right. Marie married… ROBERT: Right. ATILLIO: Someone with no faith. An extremely, extremely good man, don't misunderstand me. But I mean he's not – she's happy and she has beautiful children. SPEAKER 1: Mm-hmm. ATILLIO: So… in those days my parents were – well, probably would have been shocked by it, but I mean it's –we're not today. I think one of the big difference is that, is the outside the religious aspect of it, but my graduating class at Holy Cross in 1951, 90 percent of the fellows in that class went into the service – ninety percent. Now I 20 think that's an extremely high percentage. And also that you had handicapped people in the class that were physically unable to go into the service and things like that, or the number of fellows that went into the seminary and so forth. Today, I think you have some patriotism around because of that September 11 incident, but people just don't look at it the same way today as they did. [Unintelligible - 00:38:55] Canada to avoid going into the service, whereas at the draft, they're doing the Vietnam War where you have any number of people that were – there are a lot of changes in the world, there's no question about that. SPEAKER 1: Mm-hmm [unintelligible - 00:39:09] know? ROBERT: Fortunately I am. SPEAKER 1: And you? ROBERT: I think you've covered it pretty well. SPEAKER 1: [Continuation] of the interview, the senator had to leave and I have just one more question for Atillio and that is, what does it mean to be an Italian? ATILLIO: Oh gosh, what's it mean? When you talk about Italian people, the first thing that comes for me is the warmth. It comes from within the people, from within. I think they generally love other people – most definitely strong believers in the family. And Italian mothers, don't cross them or their children because no telling what would happen. There is a great love of the children in Italian families. There's strong family feelings; I grew up with strong family feelings. A week, it was – over any great period of time when we didn't see our grandparents. Fortunately that was just on my mother's side because my father – I'm just happy, I enjoy it. I [unintelligible - 00:40:31] for life, their little [unintelligible - 00:40:34] Italian wedding, you would have fun. There's no question about that. Like to party, they like to eat and drink. And they're the warm, warm people, and I've enjoyed it.21 SPEAKER 1: What for your children? ATILLIO: Well, I hope that my wife and I have gotten along extremely well. And we've lived our years together, now we'll be in July and we've had six children and happy. I would hope that they would have the same happiness that we had, but as I say, unfortunately it's a different world out there. We intended to have as many children as the good Lord sent us and he sent us six. And we've been very happy with that, but I think the – I have two daughters that have children, most of them today and been running around that everybody does today, just the frantic pace out there now, that fortunately most of us did – everybody wants and all the new cars and so, they're cheating themselves in some form, but that's their decision and they do what they have to do. My wife didn't work; when the children were older, she used to help me out in the office and so forth. But it was the same with my brother, his wife worked with the children at home. She took care of the home and – because when I was sick, my wife took care of me, and I… SPEAKER 1: To take care of each other? ATILLIO: Yes, yes. Take care of each other and take care of your family. And that was the important thing. That's about it. Oh yes, I think you've covered everything. I'm sure I'll think of a thousand things after you're gone, but… SPEAKER 1: You can certainly call. ATILLIO: But, no I'm a – as I say, as far as – I've been very happy being Italian. I've grown up with a lot of wonderful people and workers. Kevin, my cousins, they are the Ballerin sisters; they're both doctors so on, so forth. Their parents worked extremely hard [unintelligible - 00:42:49], and then she had the bakery there. They get up at [three] [unintelligible - 00:42:53], taken several trips to Italy now, and they've been friendly to us, always been warm and…22 SPEAKER 1: Your ancestral village? ATILLIO: Oh, yes, as a matter of fact last fall. SPEAKER 1: Last fall? ATILLIO: Last fall we were there. With the trip to the lakes where [unintelligible - 00:43:11] in Italy and then we went to the house of my wife, my mother was born in, in Revine Lago. And that's a swirl of mountains there. They lived in what they call 'the castle.' It was a castle [unintelligible - 00:43:29] in the center of the town – that lives there. Seventeen hundred years old. SPEAKER 1: Mm-hmm. ATILLIO: You know, last fall. My wife and I have been there before, but this is with the rest of the family. SPEAKER 1: Did you ever meet any of your cousins? ATILLIO: Oh yes. SPEAKER 1: Yes? ATILLIO: Yes, I've met many of them. Very hospitable to us when we went there last fall and so forth, having the – and they've come here and they stayed at my mother's house and… SPEAKER 1: And [unintelligible - 00:44:04] speaking, how were they different as far as lifestyle? ATILLIO: Well, I think the only difference is they don't go to the malls like we do all the time, because it's not in the large cities. They're working, they have decent jobs – well, some of them have done very well for themselves and all well dressed and they all appear to eat well – even, I'm sure that if you go up to New Hampshire from here, the people in some of those small towns lived differently than we do here in Leominster. SPEAKER 1: Mm-hmm, interesting. ATILLIO: That's all. SPEAKER 1: Well, okay, well, I thank you very much./AT/ee

Issue 17.4 of the Review for Religious, 1958. ; JULY 15,= 1958, " Unceasing Prayer Venerable Anne de Xainctongb : The General Chapter' ". VOLUME 17 For. Your Information 'J Book Revtews (~uesfions and -~Answe~ Roman Documents about: Religious kit:e ""' ': - :::''~ "> :'~ ': " ~; ¯ Coedu~atlon " °. The Family RI::VIi::W FOR RI:LIGIOUS VOLUME 17 JULY, 1958 NUMnER 4 CONTI::NTS FOR YOUR INFORMAT_ION .193 UNCEASING PRAYER--Edward Hageraann, S.J . 194 OUR CONTRIBUTORS . 200 VENERABLE ANNE DE XAINCTONGE-- Sister Marie Celestine, U.T.S.V . 201 PROFICIENTS~WHO DO NOT PROGRESS-- Hugh Kelly, S.J . 211 THE GENERAL CHAPTER--Joseph F. Gallen, S.J . 223 SOME BOOKS RECEIVED . 231 SURVEY OF ROMAN DOCUMENTS~R. F. smith, S.J . 232 BOOK REVIEWS AND ANNOUNCEMENTS: Editor: Bernard A. Hausmann, S.J. West Baden College West Baden Springs, Indiana . 241~ QUESTIONS AND ANSWERS: 20. Baptism in Another Rite and Subsequent Profession . 250 21. Authority over and Direction of Institutes of Religious Women . " . . . ¯ . 251 22. Duties of the Cardinal Protector . 252 23. Idiomatic Translations of Constitutions . 253 24. Moment of Covering the Ciborium at the Consecration . 253 25. Pausing Before Prayers at the Foot of the Alta'r . 25~4 26. Place of the Sign of the .Cross on the Missal . 254 27. Simple Genuflhction Between Consecration andCommunion,254 28. Interference in External and Internal Government . 255 29. May a Superioress Bless Her Subjects? . 256 REVIE~Y¢" FOR RELIGIOUS, July, 1958, Vol. 17, No. 4. Published bi-monthly by The Queen's Work, 3115 South Grand Blvd., St. Louis 18, Mo. Edited by the Jesuit Fathers of St. Mary's College, St. Marys, Kansas, with ecclesiastical approval~ Second class mail privilege authorized at St. Louis, Mo. Editorial Board: Augustine G. Ellard, S.J.; Gerald Kelly, S.J.; Henry Willmering, S.J. Literary Editor: Robert F. Weiss, S.J. Copyright, 1958, by The Queen's Work. Subscription price in U.S.A. and Canada: 3 dollars a year; 50 cents a copy. Printed in U.S.A. Please send all renewals and new subscriptions to: Review for Religious, 3115 South Grand Boulevard. St. Louis 18, Missouri. For Your Int:ormat:ion Editor's Golden Jubilee FATHER HENRY WILLMERING will celebrate~ the Golden Jubilee of his entrance into the Society of Jesus on July 25, 1958. Father Willmering has been teaching Sacred Scripture to Jesuit seminarians for thirty years. He became a member of our editorial board in 1955. "His fellow editors feel sure that the readers of the REVIEW will join them in congratulating Father Willmering and helping him by their prayers to thank God for the great privilege of spend-ing fifty years in the religious life. Delayed Vocations In the May, 1957, number of REVIEW FOR RELIGIOUS (p. 154) we published an announcement at the suggestion of a" priest who was spiritual director to some women who were interested in dedicating their lives to God, but who were ham-pered by the fact that they were older than the age limit for admission in most religic~us communities, ,~ere widows, and so forth. This priest thought it would be very helpful to others, as well as to himself, to know of religious or secular institutes th. at would accept such candidates. Two replies were published in our November, 1957, number (p.342); and a third reply was published in our March, 1958, issue (p. 90). We have recently received a fourth reply from the Daughters of the Paraclete, a group of women who have organized and are taking steps to become a secular institute in the diocese of Little Rock. The Daughters of the Paraclete now have two houses in the diocese of Little Rock. They seek further candidates and realize that these must be obtained from outside the state of Arkansas. Any single Catholic ~voman of good character and good physical and mental health is eligible for entrance. There (Continued on page 210) 193 U, nceasing Prayer Edward I-lagemannr S.J. OUR LORD told us, "We ought always to pray" (Lk. 18:1). His words were echoed by St. Paul when he wrote, "Pray without ceasing" (I Thess. 5~17). Dif-ferent ways of explaining this seemingly impossible behest have often been proposed. I here wish to call to mind .an explanation found in. the ascetical writings of certain French Jesuits from the seventeenth century to the present. What they teach is not, however, original nor exclusively their own. Father Julien 'Hayneuve, S.J., a well-.known spiritual writer around the middle of the seventeenth century, tells us in one of his volumes of meditations that there are three ways of conversing with our Lord: (1) by sanctifying grace, i.e., by being in a state of friendship with Christ; (2) by formal prayer in which we manifest our needs to Him;.and (3) by "this unceasing prayer of which Scripture speaks, that is to say, by a spiritual and divine life that consists a) in doing nothing except by His.spirit, by His orders, fbr His glory, b) in acting not according to the inclinations of nature but confokmably with the inspirations of. grace and according to His maxims, in the same way that He Himself lived on earth and as He desires to live in us, in a word, according to the knowledge He gives us by His lights and interior inspirations" (M~ditations sur la vie de N.S. Jdsus Christ, Vol. I, p. 474). This manner of life we call virtual.prayer. It consists in a complete union of our wills with God, whereby we hearken .to His will expressed not only exteriorly through, the duties of our state of life and the various manifestations of divine providence, but also interiorly tl~rough the movements of grace. It is not an act nor a series of acts but a state, a readi-ness to stop or change what we are d~ing if God wishes it. We are or, at least, we wish to be as responsive to God's will 194 ,I UNCEASING PRAYER expressed through His actual g~aces as a harp to the slightest touch of a master. Father L~once de Grandmaison, s.J., sums it up thus: "Formal prayer differs from virtual in that the latter consists in habitually preferring the will of God ~o our own will . In short, virtual prayer consists in .being docile to. the Holy.Spirit." (We and the Holy Spirit, p. 134) Virtual prayer is, therefore, not a question of intellectual attention, of recollection where the mind is conscious of God, but of habitual, permanent intention directing our wills by God's will, in a word, union of wills. Thus we can be busy,. our minds occupied with intellectual or material work, and yet be praying because we want to do only what God wants us to do and we should cease immediately if we knew He wished us to stop. Father Raoul Plus, S.J'., has practically the same thought when he says: "The state of prayer consists in preserv-ing a pure dntention during the fulfillment of our daily tasks. I cannot have my thoughts occupied with God without inter-ruption. But my will should never be directed towards "any object e~xcept God, ~at any rate as its last end." (How to Pray Always, p. 15) Father Jean Croiset, the spiritual director of St. Margaret Mary, insists on this union of wills: "It is necessary' that while the mind. works, the heart be in. repose and' remain, motionless in its center, which is the will of God, t~rom which it should never separate itself" (The Devotion to the Sacred Heart of Jesus, p. 87). We might here add in the words of. De Grandmaison why this state of attentiveness to God's will is termed prayer. "It is truly prayer because it unites us to God, makes us docile to His inspirations, and attunes us to His will of good pleasure-" (We and the Holy Spirit, pp. 122-23). According to Father Jean-pierre de Caussade, s.J., who lived in .the first half of the eighteenth century, perfection will consist in this virtual pray~er, "The more we advance the rciore is God pleased to take it 'out of our power, to produce many acts . In all the different changes both interior and exterior 195 ]~DWARD HAGEMANN Review for Religious say always from the depths of your heart, 'My God, I wish what You ,wish, I refuse nothing from Your fatherly hand, I accept all and submit to all.' In this simple act, continued or rather habitual, consists our whole perfection." (Abandon-ment to Divine Providence, Exeter, 1921, pp. 157-58) Jean- Nicholas Grou, the junior of De Caussade by about fifty years, one of the best known Jesuit writers of his time, tells us that the sole object of the interior soul is to glorify God and to love Him. He develops this latter point thus, "To love Him, not by formal acts or by effusions of sensible devotion, but by being effectually and continually devoted to Him, and by entire resignation of her own will to His" (Manual for Interior Souls, p. 93). Grou says that the interior soul is "effectually and continually devoted" to God. This is devotion that St. Thomas defines as "the will to give oneself readily to things concerning the service of God" (II-II, q. 82, a.1)--not just sensible devotion but the deep, substantial devotion of a com-pliant will. In another work Grou devotes a chapter'to virtual prayer. In this chapter, which he entitles "unceasing prayer," he de-scribes this virtual prayer and then gives some examples: "Among the actions that may be regarded as prayer I would include visits of politeness and good manners; I would even include amusing conversations and necessary relaxations of body and mind, provided they be harmless, and carried no further thatx is allowed by Christian pririciples. None of these occupations is incompatible with continual prayer; with the exception of things that are wrong, inexpedient, or useless there is" nothing that the Holy Spirit cannot make His own, nothing that He cannot contrive to sanctify and bring into the realm of prayer." (The School of Jesus Christ, p. 281) As we have said, virtual prayer consists in a readiness to do God's will expressed not only exteriorly but also interiorly through the movements of grace. It is necessary, then, that we be able to discern these movements in our souls. These 196 July, 1958 UNCEASING PRAYER are normally slight illuminations of the intellect and gentle promptings of the will. But are all interior movements prompt-ing to seeming good the work of God? Unfortunately, no. The evil spirit and our fallen nature suggest thoughts that seemingly prompt to good but, as we know from sad experi. ence, result in something bad or less good. We must be experienced, then, in distinguishing between the spirits, between the movements of grace and of nature, so as to accept the former and reject the latter. (See The Imitation of Christ, Bk. III, Chap. 54, "On the Diverse Motions of Nature and Grace.") Father Jean-Joseph Surin, one of the most brilliant Jesuit writers of the first half of the seventeenth century, states that this attention to the movements of grace and nature consti-tutes the interior life (Spiritual Letters, p. 391). In~ this he was but giving the teaching of his famous tertian instructor, Father Louis Lallemant (Spiritual TeachingI 5th Princ., Chap. l,a. 1, sec. 3). : The rule of thumb for distinguishing :~between the move. ments of the spirits, or of nature and grace, is the difference in the immediate effect they have on the soul. In a soul going from good to better the good spirit or grace produces a peace-ful impression like a drop of water falling on a sponge. The bad spirit or nature, on the other hand, produces a slight agita-tion, a slight disturbance like a drop of water falling on a stone. All seemingly good thoughts and desires, then, that cause such an agitation will be rejected as soon as discerned without being examined. As a result, peace of soul will be the climate ir~ which that person lives who is in a state of attentiveness to God's will, who, in a word, practices continual prayer. I say advisedly peace of soul, not peace of mind. Our imagination or emotions may be disturbed violently or we may have trying problems over which to ponder; but all of these are, so to speak, on the surface of the soul. Deep down under all this is peace. De Caussade in his letters of direction is never weary of. insisting on the necessity of peace. For ~example, he writes, 197 EDWARD HAGEMANN Review for Religious '-'The great principle of the interior life is the peace of the s0ul, and it must be preser~,ed with such care that the moment it is attacked all else must be put aside and every effort made to try and regain this holy peace, just as, in an outbreak of fire everything else is neglected to hasten to extinguish the flames'" (Abandonment to Divine Providence, p. 142). In the midst of work and occupations that can take up our complete" attention, we are praying, yes even with the prayer o'f ~petition,' We all have some great personal desires that mean much to us. We' don't have to express them in wbrds. God ~ees them in our' heart. "De Caussade is never tired of repeating St. Augustine's saying that our desires are our prayers (Migne, P:C., 36: 404): our desire to love God, our desire to grow in a certain virtue, our desire for the wel-fare, spiritual or corporal, of someone dearto us, and so forth. A mother ~hosd baby is ill may be busy with chores around the house or have her attention taken up with some pressing problem, but surely we can say that all the time underlying all this activity is her desire for the recov~ery of h~r child. Besides a few big, permanent desires, we all have also many small, transient ones. We can put all these desires, big and small, into the Morning Offering of-the Apostleship of Prayer and then not think of them again during the da.y. They are not dropped Out .of our hearts. Even though we do not forma[ly. repeat these ',petitions, God sees them in our hearts. . Our desires are our,p.rayers. This virtual prayer can be of great comfort to us when we are assailed by temptations. These temptations seize on our imagination and emotion~, and thus influence us physically. While we are thus very conscious of the temptation, we do not, on the other hand, feel the. act of the will or, bdtter still, the state of our will Which is kept turned toward' God. Yet it is in the will not the imagination and' emotions that. our real self is found. De Caussade refers to this again and again, often telling us to go beneath all this agitation in our sense life and 198 July, 1958 UNCEASING PRAYER emotional life and deep down 'rest with our will united with God's or again,, in a somewhat opposite illustration, .to remain above all this agitation like a high mountain whose peak 'is bathed in sunshine but around whose base the" storm clouds lash furiously (Abandonment to Divine Providence, I3. 119). As. this state of will conformed to God's will is our continual prayer, we "are praying, then, even in the midst of the most turbulent temptations. This constant prayer c~in be a source" of consolation when arresting distractions occur during 6urordinary period of for-mal prayer. Who of ~us' has not experienced and does not continue to experience eveky day the wanderings Of the mind that seem at times to make up such a~large pa~t of the time allotted to mental prayer? ~This shbuld not trouble us as long as our will is habituidly directed toward God. As Father de Graridmaison says: "In virtual pray~.r we' call into action the faculty Over which we have the greate.st controli our free Will. Virtual prayer does not "require favorable mental, emotional, or even bodily dispositions . We cannot always think imagine and feel as we would like. But we can always will that God be glorified and that we be obedient to H~m. (We and the Holy Spirit, p. 123) Of course, when these distrac-tions occur, the sooner we recover ourselves and get back to ~formal meditation the better for our mental pr~yer and fgr the growth in motivation that mental prayer gives. But it is consoling to know that in the midst of our distractions our heart has been praying. I am not recommending this practice of virthal player to all indiscriminately. "The Spirit breatheth where he Gill" (Jn. 3:8). 'Some will prefer to make frequent .aipirati~ns during the day or to lift the mind occasionally to God. Well and good. They should follow this attraction. But others will be found who cannot raise the mind to God, particularly when occupied with mental work. Let them, then," not f~el they cannot be praying. The words we havre written will show them 199 EDWARD HAGI~MANN that, as long as their will is united to God's, ready to obey the slightest indication of His holy will, they are in a state of prayer. In one of his letters Father de Caussade gives the following advice: "During the day try to keep yourself united to God, either by frequent aspirations towards Him, or by the simple glance of pure faith; or better still, by a certain calm in the depths of your soul and of your whole being in God, accompanied by a complete detachment from all the exterior objects of this world. God Himself will.show you which of these three ways will best suit you to unite yourself to Him, by the attraction to it, the taste for it, and the facility in the prac-tice of it which He will give you, for this union is in propor-tion to the degree of prayer to which the soul is raised. Each of these states has its special attraction; one must learn to know one's own, and then follow it with simplicity and fidelity, but without anxiety, uneasiness~ or haste; always sweetly and peace-fully as St. Francis of Sales says." (Abandonm.ent to Divine Providence, p. 142). This third method ot: De Caussade is the virtual prayer we h~ave described in this article. OUR CONTRIBUTORS EDWARD HAGEMANN is spiritual director at Alma College, a theologate for Jesuit scholastics, at Los Gatos, California. SISTER MARIE CELESTINE teaches Latin at Notre Dam~ School, 168 West 79th Street, New York 24, New York. HUGH KELLY is instructor of tertians at Rathfarnham-Castle, Rathfarnham~ Dublin, Ireland. JOSEPH F. GALLEN is professor of canon law at kVoodstock Col-lege, W~odstock, Maryland. R.F. SMITH is a member ofthe faculty of St. Mary's College, St. Marys, Kansas. 200 Venerable Anne de Xainc!:onge Sisl:er Marie Celest:ine, U.T.S.V. The story of the founding of the first non-cloistered teaching congregation of sisters. T O EXTEND THE REIGN of Jesus Christ--that is my only ambition--my sublime enterprise." These words of Venerable Anne de Xainctonge echoed the yearn.'ing of her heart for a quest that led her through~ twenty years of suffering and trial and ended in the establishm.ent of th~ first non-cloistered congregation for the education of girls, the Society of St. Ursula of the Blessed Virgifi, on June .16, 1606. The successful completion of that quest was celebrated in 1956, the 350th anniversary year. When the American religious of the Society assisted on June 16 at a solemn pontifical Mass offered by His Excellency, Most Reverend Joseph F. Flannelly, aux. iliary bishbp of New York, in St. Patrick's Cathedral, their joy and gratitude reflected two Of the striking marks of their foundress's life--her joy and gratitude for her vocation. That vocation is best understood by its twofold achievement, the founding of a congregation without enclosure and her con-tribution to education. Her project brought change to religious life as well as to the world of pedagogy. Today it is as natural to see nuns walking along the streets of our large cities or traveling cross-country to spend their holidays in educational conventions as it is to find them taking part in scientific discoveries or teaching Christ in pagan lands. However, such scenes were unknown in the sixteenth century when nun-educators remained in their convents to impart to a small group of fortunate girls the essentials of Christian learning. The revolutionary character of this new idea--a non. cloistered order for women--can be appreciated by recalling the conditions existing in the days of Anne de Xainctonge. 201 SISTER MARIE CELESTINE Review for, Religious Dynamic changes in the field of ideas were keeping Europe in turmoil and coni~usion. The Protestant Revolt had led to the destruction bt~ schools" and colleges. Religious wars, par-ticularly in France, kept Huguenot and Catholic at bitter odds. Science, through Galileo and Kepler, was interesting men in new discoveries. It was a period teeming with new nationalisms, new adventures, and new literary trends. Henry IV, Sir Walter Raleigh, ai~d Montaigne dr~w admiring i~ollowers to their new endeavors. But if the peridd reflected feverish restlessness, it also prodhced: great figures of true serenity, a serenity acquired by th.e grace oi~ God and adherence to truth. In literature, Shakespe,are and Cervantes; in art, Holbein and Tintoretto; in theology, Bella'rmine and Canisitls--these Were but a fe~ who proved the worth ot~ the old "dducational values. Throughout the century the" Church struggled for reform. Her effort~, especially through the Council of Trent, bore fruit." Saints like Teresa of Avila,. Ignatius, and Francis de 'Sales fought for Christ with new ,weapons on new battlefields. It"was the field of education that challenged Anne de Xainctonge. to plan, suffer for, and reach her quest. The disastrous effects of the Reformation on educatiori had caused the Council of Trent to regtore the ancient discipline for ~thd trainii~g of the clergy, to legislate for the instruction of the faithful by preaching and the printed word, to ar'range for Sunday schools and the reopening of parish schools. France, not suffering the same persecutibn as England and Germany, wa.~ active in applying the i:egulations. ~' ~ If these recommendations, were followed, a new vitality would appear in the faithi~ul. In what way could Anne help? How could she extend the reign of Christ? ¯ Her desire.tosave souls became an overwhelming ambition. Developed.by prayer and nurtured by sacrifice, it was a decisive influence in her life --molding the quality of her spiritual growth and pointing .to its outward expression. 202 July, 1958 VENERABLE ANNE DE XAINCTONGE Actually, it was the. work of St; Ignatius, the most bril-liant of the educational leadersl .which most attracted the young girl. It was the. Jesuit .ideal in training youth which gave Anne the inspiration for her new Society. It was her Jesuit dir.ectors, Father de, Villars and Father Gentil, who prepared and tested her soul for' the difficulties ahead. When at last in. 1606 she formed her congregation,¯ it was the Ratio StuJiorum which she made the basis of her educational system, adapting and modifying it to the needs of gi~:ls, while following its broad lines of method and administration. The work of the Jesuits appealed strongly to Anne be-cause she watched their efforts at close range. 'Anne de Xainc-tonge was born in Dijon, France, November 21,'1567, daughter of Jean de Xainctonge, councilor of Parliament, and Lady Marguerite Colard. The child showed such a keen intellect that her father arranged an educational program for her, in-cluding subjects usually studied by boys. He himself became one of her tutors, choosing religion for his course, just as' his neighbor, ' President ~Fremyot, did for his children, among them the future St. Jane Frances de Chantal. While still young, Anne sl~owed herself a born teacher; for, after her lessons with her father, she would go to the servants and teacl~ them what she had just learned. She was 13eg~nmng to extend Christ's reign. A strong desire to do God's will ~aught her enthusias'm, so that even in an illness declared hopeless, but from which she recovered miraculodsly, she preferred God's will to her cure. 'A hunger for. Holy Com-munion and confirmation made her lea; nothing undone until she had succeeded in receiving both sacraments earlier than usual. This love for God and apostolic yearning made the young girl's decisions firm. When presented to society, ~he followed her mother's desires by dressing richly and taking an active part in the social life of the nobility of Dijon. However, she 2O3 SISTER ~ARIE CELESTINE Review for Religious refused to 'consider a proposal of marriage. Just what her vocation was Anne did not know. Neither marriage nor the cloistered life drew her, but a deep yearning to serve God and save souls possessed her. In the meantime, her confessor al-lowed her to teach catechism. However, he demanded that she put aside her fashionable dress while teaching in the churches or instructing the sick in hospitals. Anne felt that the work of the Jesuits was really extending the reign of Christ in the hearts of boys. Their new college, opened in Dijon in 1582, was adjoining her father's estate. Watching from her window or the garden, ,she was impressed by the new methods, ~he good order of the thousand pupils, and the gay recreations supervised by the masters on the playground behind the school. The more she appreciated their progress, the more she contrasted it with the feeble efforts made in the two or three schools for girls in Dijon, where reading, writing, and needlework formed the entire curriculum. If only a work similar to that 0f the Jesuits could be undertaken for girls! Then the light came. It could be undertaken--and she could begin it! At last, God's will seemed clear. She told her director, Father Gentil, that poor girls had been neglected, since "among us, no one has the courage to use her natural talents to glorify God as you are glorifying Him by yours." ~ Anne realized that for the work she envisioned her religious could not be cloistered. They would need to go out, to churches, schools, hospitals--to reach the rich and the poor --as many children as possible. But--an uncloistered order of women? The quest seemed fantastic. The mere thought of such a congregation would shock sixteenth-century France. Again, teaching was a task despised by people of high society; it was a work relegated to widows or ladies in financial distress, who usually knew little more than their pupils. The girls of poor families attended school until they were nine, while the wealthy had to educate their daughters at home or, if fortunate, send them to a cloistered convent as boarders. 204 July, 1958 VENERABLE ANNE DE XAINCTONGE To. Anne, the thought of teaching was not revolting. It was an apostolate! It was not only a challenge, but an inspira-tion, a means of extending the kingdom. But to form a society, she would need companions. Would any of her friends stoop to the humiliating task of instructing children? Anne began to prepare herself for her vocation by serious study, especially of religion. Soon her parents withdrew their promises of help for the work when they learned that God's will was leading Anne to establish it, not in Dijon, but in Dole, then enemy territory under Spanish rule. Her arrival in Dole, November 29, 1596, was welcomed as an answer to prayer by a group of. young ladies with a similar ambition. However, Dole was to exact ten years of suffering and humiliation before Anne could reach her goal. The history of those years shows h~r in the role of public benefactor--a lone figure digging the groundwork of her society. Most of those who had prayed for a leader lost courage in the face of hardships caused by social custom and family prejudice. For Anne herself, difficulties reached the height of persecu-tion as her father inaugurated violent methods of attack to force his daughter's return. Obliged to submit the plan of her congregation to two different courts of prominent and prejudiced theologians, she convinced them that her project for a non-cloistered community was sound, practical, and of divine inspiration. The battle over non-enclosure was won! Ecclesiastical and municipal authorization paved the way for the new foundation; and on June 16, 1606, there came to life. a non-cloistered congregation for the education of girls, the Society of St. Ursula. The work grew rapidly in France, Germany, and Switzerland. A few years after Mother Anne's foundation, St. Francis de Sales had to face the same problem of non-enclosure. When, with St. Jane Frances de Chantali he began the Visitation order in. 1610, it was as a non-cloistered community dedicated to the 2O5 SISTER ~IARIE CELESTINE Review :for Religious sick and poor. However, in 1615 Cardinal de Marquemont of Lyons, who had invited the Visitandines to establish a house in his diocese, urged St. Francis dd Sales to change the status of his congregation to one of strict enclosure. The cardinal feared that the fervor of the. religious would be weakened and that dangers would be encountered by their contact with the world. After resisting at first, the bishop of Geneva in humility finally yielded to the .cardinal's request, seeing in it a sign of God's will in his superiors and a means of spreading the work in this modified form to m, any parts of France. The saint admired Mother Anne's work and in 1608 had gone to Dole to see the schools of the Ursules. In 1621 he wrote to Mother Anne, asking her to establish a house in Thonon, Savoy. In requesting it he wrote: I have always admired, honored, and esteemed the works oi: very great charity which your Society practices, whose growth I have always very affectionately desired, especially in this province of Savoy. Relying on the hope 'which the Fathers of the.Society of Jesus have given me for establishing a house here, I have obtained permission for it from her 'Most Serene Highness. But if I have the pleasure of seeing a branch of the holy tree of Sainte Ursule in this diocese, I shall~ try to make known, by all sorts of proofs, the affection I have for it. That is why I beg you very humbly, my very dear Sister, to contribute to this project all you can, in God, not doubting that it is for the greatest glo~-y of God, the advancement and strengthening of many souls in piety, and finally, a very great consolation for those who come first to take part in this good work . Thus, humbly acceding to the wishes of others, St. Francis de Sales gave up his plan of non-enclosure. Mother Anne in an indomitable spirit of perse.verance worked and suffered for twenty years until she overcame all obstacles to non-enclosure. Her work. stood the test of time. The French Revolution could not annihilate it, nor the" laws of 1901 expelling religious from France. This expulsion brought forth new branches in Italy, .Belgium, and the United States. .The American work began in 1901, ~when Right ~Reverend Monsignor.Joseph H. McMahon invited the sisters to teach in Our Lady of Lourdes Parochial School in New York. Then an .academy was opened 206 July, 1958 VENERABLE ANNE DE XAINCTONGE " in 1912, now the Notre Dame School on West 79th Street; the Academy of St. Ursula, Kingston, New York, was begun in 1925. Two parochial schools, St. Joseph's, Kingston, and St. Augustine's, Providence, are conducted by the religious, who also have charge of the Latin Department in Cathedral High School, New York City. Mother Anne's second achievement was her contribution to education. Basing her system on the'Ratio Studiorum ¯ of-the Jesuits, she insisted on the. training of her teachers, a gentle fiimness in discipline, and an arrangement of classes suited to th~ age and ability of, th~ pupils. Her philosophy of education followed logically from her grasp of the-child's nature, a being composed of body and soul, ~stined for the City of God. The goal must be kept in mind, but the nature of the child must not be forgotten. To make the Incarnation real in the lives of the children was her aim. For her, the very end of education was to imitate Jesus Christ, to form Him in the young. "In working with these little souls, we shall do something very great if we keep our interior glance fixed on Jesus Christ." If her am-bition was to form Christ in the students, it was first-to-train, each of her daughters to be another Christ--that the re.ality of the Incarnation, the living of the Christ-life might radiate to o~thers. Her spiritual counsels speak again and again of the "reign of Christ." "I desire with all my heart, to make Jesus Christ reign and live within me." This aim was reflected in her methodsi which showed 'a humanistic approach. Women were losing their souls for lack of instruction; therefore, moral training was of prime im-p? rtance, while the core-curriculum subject wasreligion. One of the points Mother. Anne stressed .was the exacting of work~ according to the child's ,capacity. Individua! recitations, pupil activity, and self-expression to develop the reason were insisted upon.in all but the lowest classes. This practice, proper .to the new institute in 1606, was considered "one of the great pe~da, 207 SISTER MARIE CELESTINE Review for Religious gogical discoveries of the nineteenth century." Plays and pageants were presented to develop oral expression. In the teacher training program, similar attention is giver~ to the individual. The teacher must try to win each soul: by her gay and open manner, to inspire confidence; by a gentle firmness, to correct and exhort; by a personal spirit of sacrifice and abnegation, to serve others. To serve the whole world and particularly those of our sex, to instruct, console, warn, to give good example everywhere, and to pray always for the conversion or perfection of souls--that is the profession of the Ursules, but on condition that it is carried on without affecta-tion, complacency, or vanity . . . simply, humbly, cordially . Such exterior works sprang from a deep Christ-centered spirituality. Every fiber of Anne's being spent itself to extend Christ's reign. Again and again she exhorts her daughters "to spend themselves for the glory of God and to make Jesus Christ reign." Christ living in the Blessed Sacrament was the center of her life. If her desire as a child was to receive the Blessed Sacrament before the usual age; if, as a religious, she planned her pupils' day to end with a short visit to the Blessed Sacrament; and if her guardian angel walked behind her on Communion days instead of preceding her, it was because her devotion to our Lord in the tabernacle was a solid and practical one. It was so deeply practical that, although in dire need in Dole, she had refused our Lord's offer to live on the Blessed Sacrament alone, lest she cease to be a model of imitation for her daughters. Her motto, "Mihi vivere Christus est--et mori lucrum," was a practical rule of action by which she could' give in gratitude for Holy Communion "heart for heart, life for life, soul for soul." Tkus, by building the child's character on conscidnce and love of God, she hoped, to build it high above the petty disputes and local antagonisms. Human interests must transcend the national. In 1956 the Society opened its first foreign mission in Luena, the Belgian Congo, and boasts three nationalitids, including American, among the four pioneers. Mother Anne 208 July, 1958 VENERABLE ANNE DE XAI~CTON(~E had braved the derision of a class:conscious society to devote herself to the poor and ignorant. Her principle of adaptation to new needs has given her Society a framework within which to develop varied educational works. During Cana Conferences, when parents come to the convent for a day of spiritual refreshment, Mother'Anne's daughters care for their children just as she herself 350 years ago cared for the babies in the vestibule of the church to allow their mothers to assist at Mass in .peace. As she urged her daughters to discuss the problems of the children's education with the parents, so the Society's P.T.A.'s hope to serve the same worthy purpose of informing them of their childen's progress in knowledge and virtue. Besides academies and free schools, orphanages are conducted. In Italy a special program is set up to help servant girls, called "Zites," a work dedicated to St. Zita, patroness of .domestic servants. It is a beautiful continuation of Mother Anne's attention to the servants, first as a child in her own home, and later, on a much larger scale. In the United Stat.es, in addition to academies and sch6ols, catechetical work is also done. In Phoenicia, New York, a religious vacation school is open in the summer to the children of the neighboring ~illages. To this restful spot in the Cat-skills comes a group of children from Casita Maria in New York each .year for a few w~eks of vacation. Thus a sixteenth century educator may be called modern because her principles have a universal appeal' and allow for adaptation. To see the child with his charm and weakness looking up to God--to see God in His infinite fatherly love bending down to the child--is .to see a picture of the educa-tional process in Mother Anne's mind. To help the child reach up with hands and head and heart--to plead .with the Father" to bend lower to lift up the child--that is a picture of the teacher's role in Mother Anne's plan. To carry out ~his plan, 'this quest of saving souls, the Venerable Anne de Xainctorlge established a non-cloistered 209 SISTER MARIE CELESTINE teaching order for the education of girls, the Society of St. Ursula of the Blessed Virgin. She made that Society able and re.ady to meet new needs and new conditions. Charted by .unchanging principles, it can face the challenge of e~ch century on. the path of its unending quest. Last year, its 350th anni-versary, each haember of the Society, whether in Europe, the United States, or Africa, dedicated herself anew to that quest in the words of her venerable foundress, "To extend the reign of Jesus Christ--that is my only ambition--my sublime enterprise." For Your la[ormation (Continued from page 193) is no age limit beyond that of common sense. There are no special financial or educational qualifications. In the apostolate of the Daughters of the Paraclete, there is a place and. a work for all--nurses, teachers, o~ce workers, domestic workers, and so forth. Requests for further information may 'be sent either to: Most Reverend Albert L. Fletcher, D.D., 305 West Second Street, Little Rock, Arkansas; or to: Miss L. A. Manes, Para-. clete House, 802 Center Street, Little Rock, Arkansas. The Catholic Counselor Our attention has recently been called to The °Catholic Counselor, a magazine that has just finished its second year of publication. The purpose of this periodical, ~is describdd on its masthead, is: "To act as an organ of communication for Catholics in the field of guidance. Spdcifically, the staff plans through The Catholic Counselor (1) to develop knowledge and interest in Student' Pdrsonnel Worl~ in Catholic Institutions; (2) to serve as a forum of expression on the mutual problems of Catholics in counseling; (3) to foster the. professional growth of Catholic guidance workers by membership in the A.P.G.A. (Continued on page 222) 210 Prot:icien!:sm Who Do No!: Progress I-lUgh Kelly, S.J. FATHER, I have not been making any advance in my spiritual life for some time past. In fact,' I seem to be going back. I seem to have lost much of that fervor I had in my early days in religious life. I have no longer the sense of God's presence I had formerly, nor the desire to sub; due self and to make progress in prayer and in the interior life. I have made efforts to get back again to my former state of fervor but with pool results. I am much discouraged and do not know what to do." There are few priests with any experience as retreat masters or confessors of religiofis who have not heard such a complaint often. These are complaints which a priest must take seriously as they come from a real anxiety and are a strong appeal for help. What is the truth of that diagnosis? Has progress really stopped? Has there been deterioration? Has the desire of' advance grown slack? It may well be that these questions can be answered in the affirmative and that there l~as been delib-erate infidelity and a slacking in the duties and practices which are the condition of fervor. In that case the problem is easily solved; the religious ha~ but to resume his forme~: fide.lity. At least this is the necessary preliminary step. Whether it is the only step and can remedy the situation will depend on other questions. But let us suppose there has not been conscious, deliberate neglect; and the religious can be fairly certain of this. ~ What, then, is the cause of the state in which he finds himself and which he diagnosed so accurately? There has been a great change. The soul is at a loss, is much discouraged, a~d is sorely in need of help. How is a priest to deal with such a case? 211 HUGH KELLY Review for Relig.ious As a help to a solution let us put the case in professional language!. We can say that the religious in question has passed through the stage of beginners and is well within the ranks of the proficients. The division of souls, seriously living the spiritual life, into beginners, proficients, and perfect is strongly traditional and is natural and easy to" understand. It is based on the different measure of charity which the soul possesses. The first class 'consists of those who possess charity and whose chief concern is to secure it firmly against that which would destroy it, mortal sin. In the next class, the proficients, are those who have consolidated charity in their souls and whose concern is to develop it and integrate it by the addition of the other virtues which it needs for its full growth and flowering. The perfecf are those in whom charity has got its appropriate extension and depth and whose concern is to live a life in which all xhe activity is dominated and controlled by charity. There is scarcely any need to note that within each of these main divisions there ale many minor steps or stages. The division has this advantage that it denotes the two main ideas--that perfection is a movement, a progress with definite stages, and that it is measured by charity. To return now m the definite case we are considering-- we can say that the. religious in question has passed from the stage of beginners to that of proficients. We may say that the early years of religious life are the stage of beginners, that period when the young religious learned to live well the new way of life on which he had entered. The period would be considered to last up to the final profession or to some years: beyond it. At this stage the religious has abundant help and guidance. from his spiritual superiors. Assuming that he was reasonably faithful and generous and thus corresponded substantially with the training, we can say that at the end of this period we have one who assuredly is not yet perfect, but who is emphatically a good religious; one who is observant and edifying, diligent and obedient; one who has learned the place of prayer in life; 212 I July, 1958 PROFICIENTS~WHo DO NoT'PROGRESS who has reached a considerable degree of union with God; one who has peace of soul and delicacy of conscience; in a word, one who is happy and successful in his vocation. Clearly, a definite stage has been passed through with credit. A Spiritual Crisis But now there comes a change; there comes a halt to the advance; or at least the sense of progress is no longer felt. The motive power which carried the soul forward to this stage of the spiritual life seems suddenly to fail, and the whole growth and activity of the soul seem to come to a standstill. What is to be done to counteract the paralysis and to set things moving again? "Only too many religious lose courage, remain passive, unable to extricate themselves from the morass in which they are held. Perhaps they ask for advice and help and get none. There was never a moment in their religious life when they needed help so sorely; if the help does not come, the whole of their future life will be much the poorer. Only too many religious find themselves in this condition. Hence, we have only too ,often the disturbing phenomenon of a spiritual life which began well, which showed progress for the early years and then petere~t out into mediocrity and dis-illusionment. The early hopes have not been fulfilled; the dreams and right spiritual ambitions have faded away in early middle age. A career that promised much for God has been some way blighted. The religious we have envisaged at the opening of this paper has reached such a crisis in the spiritual life. He needs guidance and encouragement. A'director or retreat master who takes his work. seriously cannot shirk what is his duty; he cannot refuse to stretch out a helping hand, to ~ndicate ¯ some means, to give some helpful direction. What, then, is a director to do in the face of this situation --that of the religious who has quickly and successfully trav-ersed the first stage and then stops and comes to a standstill; whose initiative and motive power seem to fail, to be stricken 213 Review for Religious with a mysterious paralysis? The first thing the director must grasp and which he must make clear to the religious is that the soul has now entered into a new stage in which the main con-ditions are quite different from those of the previous stage. The conditions which determine the life of the proficient are very different from those that the beginner had to deal with. What will ohelp t.he one may harm the other. "When I was a ~hild I spoke as a child, I understood as a child, I thought .as a child" (2 ~or. 13:11). Proficients are no longer children; but they do not realize that they have changed, and they con-tinue to speak and think as children; they have not yet put away the things of.a child. The first, perhaps, of the new conditions to be reckoned with is that there has been a weakening of the desire of' per-fection-- which is the motive power of spiritual advance-- Owing to the "fact that it has been enfeebled by certain faults or maladies which belong particularly to this stage. The faults are "interior, 'often. scarcely perceptible and henci~ not com-batted; but they exercise a powerful adverse influence on the condition of the soul.--These faults and adverse tendencies may bd reduced to four. 1. The. soul is secretly pleased with the progress it has made and unwittingly is inclined to relax in its desires and to rest on its oars. And it is a fact that much Progress has been made which the soul cannot help seeing. A worldly life has changed its directioni many external faults have been elim-inated or Controlled; many ,~irtues and good practices have been acquired; the soul has reached a considerable degree of familiarity with God and enjoys the peace and satisfaction which comes from being rightly orientated toward its true end~ and supreme good. These feelings and considerations which are well founded may come to leave a certain feeling of satis-faction or even of complacency, a half:accepted idea that the progress, which is undeniable, is due in a good measure to 214 July, 1958 PROFICIENTS--WHo DO NOT PROGRESS one's own efforts. In that way vanity may be nourished subtly, and any such feeling is a hindrance, to a'.true advance in "charity. 2." Moreover, that complacency may be further fed by the idea that the chief obstacles to a fervent rel!gious life have been alreddy overcome. It is a fact that no s~rious faults' are now visible, that no new conquests are to be called for. The religious has been well trained, no doubt at the cost bf many sacrifices, to fit smoothly into his r~ligious life and is clearly an edifying, observant, diligent member "of his community. What more can-be reasonably expected? He does not 'see 'in what direction he is to direct his effort~. But therd :precisely is one of the new condition~ he has not taken account of--that the faults are hidden, that khe ol3jectives are not ~)isible, that ~he soul simply doe~ not see its way. . 3. It is 'normal, too, that'sby thi~ time'wo~k and activity play a large, part in the life of ~he're}igious ~ve are considering; b)~ now h~ will' h~a~,e ~ound the a~prop~:iate exe~:cise of .his gift~, B~) that ~ery fact he is e.xpose~d to a fault, which the old spiritual writers called effusio ac/ exteriora~an e~cessive pr.e-occupation with external things. This religious has come to see how he can serve God effectively; he do~s his work well, "is deeply .interested in it. That activity, as an essenti~il part of his vocation, was 'meant inGod's design to b~ a potent ~ans of sanctification, to be a school of certain virtues which could not be learned easily 'in :another school. If the work is not carried, on in this spirit, it will affect "the 'spiritual condi: tion of the.soul. Joy in successl in ~ongenial adtivity, in the praise and recognition which" follow a job.w~ll done, " these tend to'produce a feeling of ~exaggerated self-satisfaction~, a certairf conceit, a sense of one's own value,, a self-assurance, an exigency in one's demands and in time will produce an atmosphere of soul in which purity of heart, detachment, meekness, which arethe interior equipment of the apostle, will not flourish. Here, then, is another of these new conditions which must" be taken account of if there is to be true spiritual'progress. 215 HUGH KELLY Review for Religious ~4. 'If the faults mentioned are really at work and having their effect, then we must conclude that the prayer is not what it should be for the simple reason that if the prayer were right it would prevail over the adverse in.fluences. A true prayer would give light to keep the goal in view steadily; it would unmask hidden faults; it would give strength to overcome them and to make the effort necessary to advance. Hence, we may say confidently that the most important of the new conditions which have not been recognized is that the prayer has not kept pace with the other advances, that it is not the prayer appropriate to the present spiritual state. The religious may have clung to the type of prayer he was taught at the beginning of his religious career and which he may well have outgrown. A prayer that is predominantly active, meditative, that deals largely in reasoning, comparisons, formal definite resolutions, is assuredly a most useful prayer for beginners but not necessarily for proficients. It may well be that the prayer has b~come formal, superficial, that it is not sufficiently interior and does not give that light and unction that the sohl needs in its :present state. Other reasons, operative in individual cases, .could be ,mentioned; but those given are generally found and are suffi-cient .to account for the phenomenon we are considering-- that is, a religious who began in the best dispositions, who went through the first stage with generosity and courage, who had reached a cr.editable stage of union with God, and who then seemed to slow up and make little further progress. And then--perhaps in the course of a retreat such a religious comes to realize his state---he will experience a deep feeling of dis-couragement, a feeling of. paralysis of one who knows that there is something seriously amiss but who cannot say what it is exactly and hence cannot do much about it. If he does not get the guidance and help he needs now, he is likely to lower his spiritual aims and settle into an abiding mood of frustration and disillusionment. 216 July, 1958 PROFICIENTS --- WH0 Do NOT PROGRESS The Remedy So far we have attempted a diagnosis of a malady and a mood common to souls." who have reached the degree of proficients. They are the proficients who have ceased to pro. gress. We may now attempt something in the way of remedy or prescription. The first step of the director should be to point out to the religious that he must realize that he is in a new stage, that the whole nature of the struggle has changed, that he had been clinging to .the things of a child now that he has ceased to be a child. The methods of the previous stage have done their work, all that they were meant to do; but they will not serve in the new stage. Now there is question of new obstacles, new means, new kinds of virtues to be cultivated. The frustra-tion experienced is due to the fact that the conditions of one stage have been retained "for a stage for which they are not suitable. ~ Speaking generally, the spiritual life must now become more interior. The struggle has now been transferred to a deeper region within the soul. The whole spiritual lit:e must grow in intdriority. And first of all the soul must come to a deeper knowledge of the implications of the call of Christ, to a truer realization of the.depth of renunciation contained in His invi-tations. "If any man will come after me, let him deny him-self" (Matt. 16:24). Had the soul come to know the full force of the word deny, that it is the word that is used by the gospel to indicate the action of St. Peter in the Passion--that it implies an entire repudiation and rejection! When Our Lord spoke the words, "Unless the grain of wheat falling into " the earth die, itself remaineth alone" (Jn. 12:24), He spoke of His own Passion and indicated the measure of His sacrifice; but He also gave some idea of what He expected from those whom He called to follow Him. No doubt something of that renouncement was already understood by th~ religious, but how imperfectly. I2Iis words contain depths of renunciation 217 -HUGH KELLY Review for Religious which are revealed only slowly and as a result of much purifi-cation of soul. The. invitation., "Come follow Me," contains many~ degrees of imitation and proximity. Purity.-- Dod.lity The chief means by which the soul is to reach to this interi.ority are, according to L. Lallement, greater purity of heart and greater docility to the .Holy Spirit. Greater purity of heart presupposes a-greater knowledge owfa sth ceh ifeafulyl tcsg oncf etrhnee dh'e waritt.h I nac tthioen psr, eovri oaut sle, asstta gwei tthh e't h,roeu~glihgtiso ours feelings that might be .considered as .venial sins, and the examina-tion of conscience was instituted with a view to confess them as such. But now the examination must probe more deeply. There is a whole stratum of tendencies, instinctive movements, automatic reactions, which indicate the p.resence of that self which is the center of resistance to God's advances. Self-examination must now penetrate to this hitherto unknown region~in which'will be fo~und ~i self that is wayward, dissipated, full of the ¯seeds of sin and ~evolt and which¯ must be controlled before there can be any true domination of charity. Such a purification must be systematic and must cover the heart, the imagination, and the judgment. The heart obviously needs such a fine purification seeing that it is the source of countless movements and affections which cannot be left uncontrolled, because they ¯exercise a strong in-fluence on the.decisions of .the will. These movements are the obscure stirrings of inordinate self-love in some of its manifold manifestations--little indulgences, almost-instinctive preferences,, resentment.s, impatiences, little acts of selfishness of one kind or another. "Fie on't; tis an unweeded garden." It cannot be ¯left to the weeds; it must be cleared and cleansed if it is to be brought under the sweet rule of charity. The imagination no less than the heart needs its own systematic purification. This is the faculty which St. Thomas called 218 July, 1958 PROFICIENTS---WHo DO NOT PROGRESS domlna falsitatis, the mistress of the false.;, and it can very seriously trouble the soul by its vain and foolish images and fancies. Such a source of dissipation and distraction is a chal-lenge to the spirit of prayer or to peace of mind. The purification of the judgment is still more necessary because its acts are more ddliberative. We find ourselves almost instinctively passing judgment, on people, on actions~ ¯ on motives, judgments which are often wrong, ungenerous, suspicious. If such a tendency is left unchecked, it will make fraternal charity a very difficult thing. Such a systematic effort of purification, deeper and more searching than was called for in-the beginning of religious life, is necessary at this stage. The kind of examination which sought out .sins or exterior faults will be ineffectual now. Such an interior purification our Lord aims at in the preaching of the Beatitudes; these are the virtues which .give the disposition of heart necessary for a generous acceptance 9f His new religion. There is another region of the spi.ritual .life which calls for purification, one which is more hidden, more unexpected. even than any we have yet considered. The very spiritual life, of beginners is often full of unconscious self-seeking. In their spiritual practices they seek their own satisfaction; they look for consolation and sensible devotion in their prayers; they ar~ attached to certain, methods or forms of prayer. And their activity in spiritual things ,can produce such faults as vanity, jealousy, arid a sense of superiority over others. St, John of the Cross has devoted a long section of the Ascent of Mount Carmel to a close analysis of such faults: The control of these is the fruit of different stages of the dark. night, some of them being eliminated by the effort of the individual aided, of course, by grace, others .being so deep-seated, so well hidden that they yield only. to the action of infused prayer in the passive night of the sense. Of the second necessary condition mentioned by Lallement, docility to the Holy Spirit, it is not necessary to speak at any 219 KELLY' Review for Religious great length. "According to the instruction of our Lord, the Holy Spirit is by attribution the master of .the interior life. Describing His function our Lord said, "He will teach you all things and bring all things to your mind whatsoever I shall have said to you" (Jn. 14:26). The Paraclete was thus to teach in-teriorly what our Lord had taught by word of mouth to the apostles, opening their hearts sweetly to the fuller depths and force of His teaching. All movement in the spiritual life will be His concern, but He will be particularly active when the spiritual life is to grow more deep and interior. The finer purification already spoken of will be achieved only by His special presence. But the work of the Holy Spirit is not merely or chiefly the negative one of purification; it is still more a positive formative activity--to supply the light needed to get a deeper grasp of the spiritual life and the strength to live up to that light. The general results of this assistance of the Paraclete can be indicated here only in a summary way; they may be said to consist in a new enlightenment in three points. (I) The Holy Spirit will give a deeper understanding of the theological virtue of faith--a better realization that it is faith alone which gives us "the true and loving God" and is the true and unfail-ing approach to Him in every stage of the spiritual life on earth. (2) Again the Paraclete. will lead the soul to a kind of prayer which the soul has need of at this stage of its ad-vance. It is a prayer of great simplicity which will be nour-ished interiorly chiefly on the words of the gospel and the liturgy, the mysteries of Christianity, a prayer which opens up the teaching of Christ in such a way that it yields its sweetness and unction more abundantly. St. Ignatiu~ has described this prayer as that which enables the soul sentire et gustare res interne, . to get the true inner savor, of spiritual things. (3) But the action of the Holy Spirit will have as its chief aim to reveal Christ more fully; to make the soul realize better His role in the spiritual life. "I am the way, the truth, and the life. No man cometh to the Father but by Me.': (Jn. 14:6) 220 July, 1958 PROFICIENTS---WHo DO NOT PROGRESS A real, practical acceptance of this cardinal truth is the c-o-fi-dition and measure of advance at this stage. And it is to" be kept in mind that this is the function attributed to the Paraclete that our Lord stressed. "But when the Paraclete cometh---He Shall give testimony of Me" (Jn. 15:26) and again "He shall glorify Me because He shall receive of Mine and shall show it to you" (Jn. 16:14). The Holy Spirit is sent, then, to give testimony to Christ, to His transcendant role in the gpiritual life as the unique medium by which the soul can attain its supreme good and last end; and this is to glorify Christ by showing His true greatness. The spiritual perfection of the soul is constituted by union with Christ in charity. The stages toward this goal are marked by a fuller realization of the part which Christ must play in this advance; and, consequently, a more perfect exercise of faith and charity. The end of the process is expressed by St. Paul, "And I live, now not I; but Christ liveth in me" (Gal. 11:20). It ¯ was expressed still better by our Lord Himself as He was enter-ing on His Passion, "That they all may be one as Thou Fatl~er in Me and I in Thee; that they also may be one in Us" (Jn. 17:21). The stage of the spiritual life we have been considering, that of proficients, is simply the study of the fuller action of Christ and His Spirit at a specially critical moment. This divine action is, of course, essential in every step, even at the first; but it is deeper, stronger, more interior in the later 'and higher stages. The soul we have been considering depended on the grace and example of Christ even for its first steps. But advance beyond this initial stage calls for a more powerful aid. To qualify for that newer assistance the soul had to dispose itself by a deeper and finer asceticism. Without that special prepara-tion it could not have caught the breath of the Spirit which Christ was to send, the new impulse without which it would have languished ineffectively, if not a wreck, at least a failure. 221 HUGH KELLY From the foregoing pages it is hoped that it will appear that the division of the spiritual life into beginners, proficients, and perfect is not merely a theoretical matter, the concern of professors and historians. They are the actual stages through which, normally, all souls pass who try to realize the great design for which God has created them and for which He has given them His Son to be for them the way, the truth, and the life. It should then be clear also that the priest who is director or retreat master should have a workable knowledge of these di-visions. He is certain to come across souls who are going that way, who need his guidance and help at moments when such assistance may make just all the difference in the world. For Your Informal:ion (Continued from page 210) [American Personnel and Guidance Association- and (4) to encourage cooperation among Catholic Guidance Councils on local and regional levels." The subscription price is $1.00 per year--for three issues, autumn, winter, an~d .spring. Subscriptions should be sent to: The Catholic Counselor, 650 Grand Concourse, Bronx 51, New Yo~'k. Good Spiritual Reading? A superioress would like to obtain"a helpful list of worth-while spiritual reading books for a community." She refers to currently published books, not to the old masters. We do our best to supply such lists through our Book Review De-partment. It has occurred to us, however, that the suggestions we make in that department might be supplemented in a very practical way if our readers would send in brief communications about books they or their communities have found helpful. If you wish to recommend a book that you or your com-munity found helpful, please address your letter, to: The Editor, REVIEW FOR RELIGIOUS~ St. Mary's College, St. Marys, Kansas. And please type the letter, preferably triple-spaced, at least double-spaced. 222 The eneral .Chapt:er .Joseph F. Gallen, S.J. QUESTIONS AND CASES are frequently received on the general chapter. A coml~lete article on this matter would. be of prohibitive length. It would also be excessively de-tailed and technical. We believe that ~he practical purpose of such an article will be better attained by presenting the matter under the form of questions and cases. The following ques-tions are the first part of a series. I. Delegates 1. According to our constitutions, a former brother general is a mem-ber of the general chapter in virtue of this office that he had held. A former brother general is a member of our house, but he is not the local superior. The hl)use elected him as delegate to the general chapter. Does he have two votes in the general chapter? No. Anyone may be elected in a chapter who is not excluded from the office in question by canon law or the par-ticular constitutions. Canon law does not exclude the election of anyone as delegate because he otherwise has the right of membership in the general Chapter in virt'fid~"of hi~ office or from some other title, nor do the constitutions of lay institutes enact any such ~general exclusion. These constitutions also do not ordinarily .forbid the election of a former superior general as a delegate. Unless there is such an exclusion in the present constitutions, the election is valid. However, this. brother will have only one vote in the general chapter. It is certain from canon 164 that no one may cast many votes by reason of many titles to vote, e. g., a brother may not c,ast two votes in the general chapter because he is a former brother general and an elected delegate from a province or house or because he is a general councilor and also a local superior. It is not 'certain, even. though the wording of the. canon favors the contrary opinion, tl~at one may not cast many votes when the one title gives the right to many votes, e. g., if the constitutions give 223 JOSEPH F. GALLEN Review for Religious the superior general or provincial two votes. The constitutions of lay institutes *do not make such a grant. A religious may cast his own vote and another as proxy for another elector when the constitutions or customs permit voting by proxy, which is excluded with practical universality in the constitu-tions of lay institutes (c. 163). 2. Doesn't canon law deprive of active voice one who had been a Catholic, joined a non-Catholic sect, returned to the faith, and had been admitted to the noviceship of a religious institute with a dispensation from the Holy See from the impediment, to entrance? The question is based on canon 167, § 1, 4°, which reads: "The following are excluded from voting: Those who joined or publicly adhered to'a heretidal or schismatical sect." However, it is a safely probably opinion that the dispensation to enter the noviceship removes also the disability of canon 167, § 1, 4"°. Goyeneche, Quaestiones Canonicae, I, 164-65; Schaefer, De R~- ligiosis, n. 493; J.one, Commentarium in Codicem Iuris Canonici, I, 171. 3. When we elect a delegate, may we instruct him whom he is to vote for and what proposals he is to vote for in the general chapter? You may not do this unless it is permitted b)) the particular law of your institute. The very few institutes that do permit this also contain a provision of the following tenor: "Ttie com-munity represented by a delegate may give him instructions regarding the election and other matters to be discussed either at the provincial or general chapter, but the delegate remains free as to the exercise of his vote for the interests of the con-gregation." 4. Is a delegate to a general chapter obliged to' accept proposals from other members of the institute? When the constitutions give prov.inces, houses, or individuals the right to make proposals, a superior or delegatd must accept the. proposal and submit it to the general chapter; but he is not obliged to promote or vote for the proposal in the chapter. If the right '.is not granted, individuals may suggest propogals 224 July , 19fi8 THE GENERAL CHAPTER to members of the chapter; but there is no obligation to accept merely suggested proposals. Anyone who makes a proposal should study carefully and even consult as to whether the pro-posal is well i:0unded and prudent. Careless, groundless, and extraneous proposals can waste a great deal of time in the chapter. II. Preliminaries 5. Our constitutions speak of the "election" ot~ local superiors and other officials by the superior general and his council. Is this an accurate expression? An election to an office in a religious institute or society of common life is the designation of a person made in a chapter. The designation to an office made by a superior alone or with the consultive or deliberative vote of a council is not an election but an appointment. The latter is frequently called an election in the constitutions of lay institutes. It is not such and is not governed by the norms on elections. 6. How long should a general chapter last in a lay congregation? Constitutions appr6ved by the Holy See state that the general chapter is not to be prolonged beyond a reasonable length of time but that no precise limits can be fixed for its duration. It is obvious that the duration will vary according to the number and importance of the matters proposed to the chapter of affairs;and it is evident also that the chapter should not be so rushed and abbreviated that it fails to perform its duties properly, especially as regards the chapter of affairs. The constant brevity of some chapters creates a suspicion that insuf-fi~ ent attention is given to the chapter of affairs. Bastien states thh~ the chapters of lay congregations, outside of particular arid~ exceptional circumstances, will last five days. (Directoire Canonique, n. ~291) This would give three full days t~or the chapter of affairs. Apt 'and careful preparation, the mimeo-graphing and previous distribution of reports, and capable direc-tion by the president will expedite the chapter and render it more efficient. 225 ,JOSEPH F. ~ALLEN Review for Religious 7. Our constitutions impose a retreat of one day before the general chapter. We believe that the retreat would be more helpful if made after the preliminary sessions and immediately before the election of the superior general. May we change the time of the retreat without securing authority to change the constitutions? Yes. The time is a completely accidental part of this law, and there is a sufficient reason for changing the time in this case. A day of prayer is most helpful for the quiet of soul and purification of motives that are necessary for any election, arid these effects are mo~e apt to persist undiminished when the retreat is made immediately before the supremely important election of the superior general. 8. What is the meaning of the article of our constitutions regarding Mass on the day of the election of the superior general, i. e., "If the rubrics permit, the Mass shall be that of the Holy Spirit"? The constitutions of lay congregations almost universally prescribe that Mass is to be oi~ered on the day of the election of the superior general in the house where the chapter is held. The intention usually specified is for the election of the superior general. Sometimes this intention is for all the work of the chapter. If the former intention is designated, it is to be coun-seled that Mass or Masses be offered on the following days for the other works of the chapter. The constitutions, with the same universality, exhort all the capitulars to receive Holy Communion at this Mass for the same intention. Even if the wording of the constitutions imposes this Communion as obligatory, it is to be interpreted as merely exhortatory (c. 595, § 4).° If the rubrics permit, the votive Mass of the Holy Spirit is to be the one used, since this is the traditional Mass for an election. It is found at the end of the missal, in the first series of votive Masses, under Thursday. If the ordo of the place of celebration permits, this Mass is ordinarily to be celebrated as a private votive Mass. It may be low, sung, or solemn. Private votive Masses when sung are forbidden on any double; any Sunday; on the privileged ferias (Ash Wednesday, Monday- Tuesday-Wednesday of Holy Week); on the privileged vigils 226 July, 1958 THE GENERAL CHAPTER (Christmas and Pentecost) ; within the privileged octaves (Christ-mas, Easter, and Pentecost); and on All Souls' Day. When read, they are forbidden also. on ferias of Lent and Passiontide; all vigils; ember days; Monday of Rogations (before Ascension) ; Dec. 17-23; Jan. 2-5 and 7-12; and Ascension-Vigil of Pente-cost. This Mass has no Gloria nor Gredo, occurring com-memorations and orationes imt~eratae are included according to the usual norms, the preface is proper, Benedicamus Domino is used at the end, and the last Gospel is that of St. John. If the election occurs on one of the forbidden days, the local ordinary may be requested to grant a solemn votive Mass. The election of a general or provincial superior is sufficient reason to give this permission. This must be a sung or solemn Mass. It is forbidden only on feasts and Sundays that are doubles of the first class; the privileged ferias (Ash Wednesday,.Monday- Tuesday-Wednesday of Holy Week) ; the privileged vigils (Christ-mas and Pentecost); within the privileged octaves of Easter and Pentecost; and on All Souls' Day. The rite of this Mass is the same as above; but there is a Gloria, Gredo, Ite, Missa est, and only imperative commemorations and orationes impera-tae/~ ro re gra~i are included. For greater solemnity, ~his Mass may also be requested on days when a private votive Mass is permitted. If neither type of votive Mass is possible, the Mass of the Office of the day must be said or sung. 9. An article of our constitutions states: "The superior general or, in her absence, the vicaress shall present to the members of the chapter a report of the m.aterial: personal, disciplinary, and financial status of the entire congregation and of all matters of greaier importance" that have occurred sim:e the last general chapter. The report is to be drawn up by the procurator general. It must be approved by the general council, who sign their names to the report before the celebration of the chapter." Does the procurator general draw up this entire report? No. The only part of the report that is drawn up by the procurator, bursar, or treasurer general is the financial section. All other sections of thd report are compiled by the mother 227 JOSEPH F. GALLEN Review for Religious general herself. The material section under its economic or financial aspect appertains to the procurator, under an aspect such as the opening and closing of houses, to the mother general. It is evident that the personal and disciplinary state of the institute does not appertain to the office of the procurator general. 10. In the several general chapters that I have attended, I have found the reports of the brother general very fatiguing. What can be done to eliminate this difficulty? Since the reports are of the state of the entire institute, they can evidently be very long and detailed. The mere reading of such reports will be fatiguing to the capitulars; they will not grasp many of the details and can very readily fail also to perceive the general state of the institute or at least the content of some sections of the reports. The following obvious method will lessen these difficulties. The complete reports should be mimeo-graphed before the chapter, and numbered copies given to each capitular as soon after his arrival as is prudently possible. The members will then have a sufficiently prolonged time for studying the reports; and the brother general can confine his presentation to necessary explanations, descriptions, and to emphasizing the more important parts of the reports. The numbered copies are to be collected from the capitulars after the chapter of affairs. III. Tellers 11. Our constitutions speak of "scrutineers" at chapters. I cannot find this word in the dictionary. Is it correct? The Latin original is scrutator, feminine scrutatrix. The idiomatic translation that should be in constitutions is teller. Many awkward translations are found in constitutions, e. g., scrutators, scrutinizers, scrutatrixes, scrutatrices, examiners, depu-ties, anti ballot mistresses. The style of constitutions should be accurate, direct, simple, brief, and readily intelligible. All words redolent of formalism or legalistic jargon are to be avoided. A similar error is found in the many constitutions that speak of the first, second, etc., "scrutiny." This again is a completely literal translation of the Latin "scrutinium." The idiomatic English 228 July, 1958 translation is ballot. "Balk employed also to signify th, THE GENERAL CHAPTER ring" may also be used. "Ballot" is individual voting slip or ticket, but ! the context will exclude anyI ambiguity. 12. I have on several occasionsl been appointed as one of the two priest tellers at the elections in monaster.ies' of nuns (c. 506, .~ 2). Was I obliged to take the oath imp, osed by canon 171, § 1, on tellers? No The president a~ld the tellers, provided they are mem-bets of the chapter, are "ob oath to perform their dut proceedings of the chapter, A president who is not a m local ordinary who presides [iged by canon 171, § 1, to take an es faithfully and to keep secret the even after the close of the chapter. mber of the elective body, e. g., the at an election of religious women, is certainly not obliged to take" this oath. The same exemption from the oath probably ex~ends to tellers who are not members of the elective body and thlerefore to the two priest tellers at an election in a monastery of Inuns. Cf. Larraona, Commentarium Pro Religiosis, 8-1927-102-9; Jone, Commentarium in Codicem Iuris Canonici, I, 416; Scha~efer, De Religiosis, n. 512; De Carlo, ~ Jus Religiosorum, n. 129; ~Berutti, II, De Personis et de Clericis in Genere, 225; Parsons, Canonical Elections, 147; Lewis, Chap-ters in Religious Institutes, 107. 13. A local ordinary complained of the delay occasioned by the election of the two tellers and the secretary before the electi on of the mother general. What can we do t~ eliminate the source of this complaint? The local ordinary justifiably! complained. The tellers and the secretary should be el~ected in the first preliminary session of the chapter. The conlstitutions fisually put these elections under the section on the election of the mother general, but it is far more convenient to hold them in the early part of the first preliminary session. "~his greater convenience is a sufficient reason for changing the o~rder stated in the constitutions. The wording of a. 226 of the ~/ormae of 1901 appears to favor the elections at this prehmlna.ry session",n s li ct es t t eas that they are to be held before anything else. If this is done, the secre-tary can begin immediatel~y to corripi[e the acts, the tellers can 229 JOSEPH F. GALLEN Review for Religious perform their duties also at the election of the committee for the reports of the mother general, and the local ordinary is spared a sufficiently long and inconvenient delay in presiding over the session for the election o~ the mother general. IV. Presiding 14. Who presides at the general chapter of a congregation of brothers? The brother general presides at the general chapter in lay institutes of men; but pontifical and diocesan constitutions can be found that give this right, personally or through a delegate, to the ordinary of the place of election. 15. Who presides at the election of a superioress of a monastery o~ nuns? In a monastery of nuns that is not subject to regulars, the president of the election 6f the superioress is the local ordinary or his delegate. If a monastery is subject to regulars, the local ordinary is to be opportunely informed of the day and hour of the election. The presidency appertains to the ordinary or his delegate, if eithdr attends; but either may attend and leave the presidency wholly or partially to the regular superior. If neither the local ordinary nor his delegate attends, the regular superior presides (c. 506, § 2). The regular superior also may preside through a delegate (c. 199, § 1). As in the case of a mother general, canon 506, § 2, confines the presidency of the local ordinary or regular superior to the election of the superioress; but this presidency is extended to the elections of the councilors by the law of many constitutions. Canon 506, § 3, forbids the appointment of the ordinary confessor of the community as a teller for the election of the superioress in a monastery of nuns. This prohibition extends to his delegation as president of. such an election, since the office of president implies also the duties of a teller. 16. Our pontifical constitutions read: "The bishop of the diocese pre-sides at the chapter as the Apostolic Delegate, personally or in the person of any priest authorized by him." Is this correct? 230 July, 1958 In the law of the C THE ~ENERAL CHAPTER ~de of Canon Law, the ordinary ~f the placd of election presides, personally or through a deIegate, at the election of the mother general in pontifical and'diocesan congregations and at both in virtue of his office as local ordinary. Before the code, May 19, 1918, the local ordinary presided at the chapters of diocesan congregations in virtue of his office but at the elections in pontifical congregations as the delegate of the Holy See. The law befoie the code was based on the apostolic constitution, "Conditae a Christo," of Leo XIII, De-cember 8, 1900, Chapter I, n. II, Chapter ~II, n. I. There. fore, the wording of your constitutions is of a law that no longer exists. This is a probable indication of constitutions that were never conformed to the Code of Canon Law. Cf. Schaefer, De Religiosis, n. 509; Bastien, Directoire Canonique, n. 251, 1; Bat-tandier, Guide Canonique, n. 363; Wernz-Vidal, III, De Religiosis, n. 119. ¯ SOME BOOKS RECEIVED [Only books sent directly to the Book Review Editor, West Baden College, West Baden Springs, Indiana, are included in our Reviews and Announcements. The following books were sent to St. Marys.] The Pulpit, the Press and the Paulists. By Reverend John F. Ritzius, C.S.P. The Paulist Press, 401 West 59th Street, New York 19 New York. $1.00 (paper cover). Come, Holy Spirit.* By" Winfrid Herbst, S.D.S. Society of St. Paul, 2187 Victory Boulevard~ Staten Island 14, New York. 25c (paper cover). Gli Istituti Secolari nella Nuova Legislazione Canonica. By Dr. Giuseppe M. Benucci'. Catholic Book Agency, Via de[ Vaccaro, 5, Rome. A Catholic Child's Book about the Mass. By Reverend Louis A~ Gales. Catechetical 'Guild Educational Society, 260 Summit Avenue, St. Paul 2, Minnesota. $1.95 (paper cover). My Catholic Faith. By Most Reverend Louis L. R. Morrow. My Mission House, 1324 52nd Street, Kenosha, Wisconsin. $4.00. Perpetual Help Daily Missal. In four volumes. Perpetual Help Center, 294 East 150th Street, New York 51, New York. A Land of Miracles for Three Hundred Years. By Eugene Lefebvre, C.SS.R. St. Anne's Bookshop, Ste. Anne de Beaupre, Quebec, Canada. $2.00. 231 Survey of Roman Document:s R. I~. Smil~h, S.,J. [In the present survey there will be given a summary of the documents which appeared in /Iota /lpostolicae Sedis (AAS) during the months of February and March, 1958. Page references throughout the article will be to the 1958 ,~AS (v. 50).] Pertaining to the Religious Life ON FEBRUARY 11, 1958 (AAS, pp. 153-61), the Holy Father addressed an allocution to the superiors general of the orders and congregations of religious men with generalates in the city of Rome. The allocution consisted prin-cipally of a geries of matters which the Pontiff thought it opportune to bring to the attention of his listeners. Since there is danger that religious may become imbued with existenti-alism to the detriment of eternal truthi the Pope warned ¯ superiors to draw their own inspiration from file fonts of re-vealed truth and from the teaching power of the Church. Even in ascetical matters there, are some who wish to withdraw from the teaching of the Church; accordingly, he advised su-periors to adhere firmly to the balanced and solid ascetical doctrine traditional in the Church. In this and in all other matters superiors must consult and study the question at length; but, once the~ have reached a decision, then they must un-hesitatingly lead their subjects along the path they have chosen. In this connection the Vicar of Christ deplored any attitude that would assume that the yoke of religious obedience is too heavy for men of the present time; rather the superior should constantly keep in mind that as superior he is responsible for the spiritual welfare of his subjects. His Holiness then considered the renunciation of worldly things that is common to all religious groups, however else they may be diversified. This renunciation, he remarked, must be complete in desire, though in actuality it may vary according 232 ROMAN DOCUMENTS to the exigencies of each religious family. The need for this renunciation, the Pope said, is obvious; for how can anyone ascend to God by the wings of charity if. he is not free from the multiform concupiscence of the world? Moreover, no one can enjoy the comfort~ and pleasures of the world without losing something of his spirit of faith and charity. And pro-longed laxness and indulgence can gradually and insensibly lead to defection from one's state in life. The Vicar of Christ then observed to the assembled su-periors that their way of acting and judging must be different from that of the world; for their norm of action is that of the gospel and the Church: Christ crucified. Accordingly, superiors must nourish this Christian attitude in themselves by a diligent consideration of the things of God, by the study of sound doctrine, and by a familiarity with ancient and recent writers who excelled both in faith and in piety. These same norms' of thought and action must also be followed by their subjects;. they must seek not the pleasant and the comfortable but God alone, whom they will find in the assiduous control of" the senses by austerity and of the will by submission to religious obedience. The .Pontiff also spent some little time on the matter of religious rules. These were drawn up, he said, by religious fohnders to secure peace and serenity of spirit for members of their societies. While some of these rules may need modification in non-essential matters, esteem for the rule in general must never be lost. It is the duty of superiors to maintain the rule of each institute; this at times will require firmness which, however, should never degenerate into harshness. In the concluding part of his address His Holiness ex-horted his listeners to build up a spirit of union and cooperation among the various religious institutes of the Church. He urged them to be especially notable in their zealous obedience to the Holy See and advised them to be strict in the matter of admission of candidates to religious life; otherwise, he warned, 233 R. F. SMITH Review for Religious religious groups will be not an honor to the Church, but a disgrace. On July 30, 1957 (AAS, p. 103), the Sacred Congrega-tion of Religious issued a document declaring that the apostolic constitution~ Sedes Sal~ientiae and .its accompanying Statutes are applicable to. all religious congregations and societies who li,~e in common without, public vows and who are dependent on the Sacred Congregation of the Consistory or on the Con-gregation for the Propagation of the Faith. The only exception concerns the executive function considered in Article 18 of the Statutes; in this matter the competency of .the Sacred Cons.istgry and of Propaga~tion is retained for those religious societies entrusted to those congregations by common law or .by apostolic privilege. Educational Matters Under the date of December 8, 1957 (AAS, pp. 99-I03), the Sacred Congregation .of Religious issued an important instruction concerning coeducation. The document considers the matter of coeducation only in secondary schools;' coedtica-tion in colleges and universities is not envisaged ih the document, while coeducation in primary schools is left to the discretion of the. ordinary. The document deals successively with the prin-ciples, by which a correct estimate of coeducation can be made; the obligatory norms which must be observed wherever co-education appears to be necessary; and the measures (the Latin word is aautiones) recommended to rem0.ve the evils that accompany coeducation. In the section dealing with principles the document states that coeducation on the whole cannot be approved. Although it has a number of definite advantages., still the danger it entails to morality, especially during the time of puberty, out- ¯ weigh all those advantages. Nevertheless, in some cases co-education may be a lesser evil. Thus where Catholic students would be exposed to grave danger to their faith by attending public schools and where the Catholics of the region cannot 234 July, 1958 ROMAN DOCUMENTS afford separate schools for boys and girls, coeducation may be tolerated provided the dangers to morality are averted as far as possible. In dealing with the obligatory norms to be followed such situ~itions, the document urges~ the practice of what it calls "coinstitutional" education in place of coeducation. "Co-institution" provides for a sirigle building under a single administration with, however, separate wings or sections, one for boys, the other for girls. Such a school may have a common library as well as common science laboratories provided the latter are used at different tim~s by the boys and girls. Where this "coinstitution" is impossible, then coeducation may be tolerated; but the conduct of such coeducational schools is to be included in the quinquennial reports; moreover, each of the national councils of bishops can set up definite norms to be observed wherever coeducation is practiced in their respec-tive countries. The last section of the document then lists a series of recommendations. The religious men and women chosen to teach in coeducational schools should be persons whose virtue and judgment have already been proven. Each school should have a spiritual director who is to be in charge of the spiritual li~e of the student body. Religious men are no.t to be in charge of coeducational schools except in rare cases and then only after an indult has been secured from the Sacred Con-gregation of Religious. Common physical and gymnastic ac-tivities or competitions must be avoided. Schools should not provide boarding facilities for both sexes. Separate entrances and separate locker facilities should be provided for students of each sex. Gym classes and dramatic productions should not be in common; and boys and girls should receive separate ¯ instruction in the sixth commandment, in parts of biology, and in other similar areas of study. Finally, the document recom-mends that religious men who teach or exercise the ministry 235 Review for Religious in coeducati6nal schools should limit their activities with regard to the girl students to the exercise of their assigned work. On January 3, 1958 (AAS, pp. 82-85), the Holy Father spoke to a group of religious women associated with the work of Catholic Action. He urged them to give their students a fully human and Christian formation. They must prepare their students to judge the world as it actually is, to see how. the world should be, and then to work unceasingly until the world corresponds to the divine plan for it. The Pope praised his listeners for their endeavor to build up a strong core of Catholic Action among their students, a core which will be first in every-thing: in studies, in discipline, in piety. On December 28, 1957 (AAS, pp. 118-19), the Sacred Peniter~tiary released the text of a prayer composed by the Holy Father to be recited by those who teach. Teachers may gain an indulgence of 1,000 days each time they recite the prayer with contrite heart. Family Life On January 2.0, 1958 (AAS, pp. 90-96), the Roman Pontiff addressed the members of the Italian Federation of Associations of Large Families. After pointing out that one of the most dangerous aberrations of modern paganized society is the opinion of those who define fecundity in marriage as a social malady, he continued by remarking that common sense has always recognized large families as the sign and proof of physical health, while history shows that the non-observance of the laws of marriage and of procreation is a primary cause ot~ the decadence of nations. Later in hi~ talk the Holy Father takes up the matter of overpopulation. God, he said, does not deny the means of livelihood to those whom He has called into life. If individual episodes, large or small as the case may be, at times seem to prove the contrary, these are in reality only signs that man has placed some impediment to the execution of the divine plan. 236 Ju~, 1958 ROMAN ~)OCUMENTS Overpopulation, then, to the extent that it exists, is due not to the inertia of Providence but to the disorder of men. Since progress in science and newly discovered sources of energy guarantee the earth prosperity for a long time to come, since no one can foresee what now-hidden resources will one day be discovered in our planet, and since no one can tell whether the rate of procreation will always be equal to that of today, overpopulation is not a valid reason for the use of illicit means of birth control. It would be more rational to apply human energy to the eradication of the causes of famine in underdeveloped countries, to foster less nationalistic economies, and to replace egoism by charity, avarice by justice. Moreover, God does no~ demand of men responsibility for the over-all destiny of humanity--that is His affair; but He does demand of them that they follow the dictates of their consciences. In the final section of the allocution the Holy Father says that in the intention of God every family is to be an oasis of spiritual peace. This is especially true of large families, for in the parents of such families there is no trace of .anguish of conscience or fear of an irreparable return to solitude; in such families, too, thework and hardship involved are repaid even in this life by the affection of the children. A large family assists in the formation of character; indeed, in the history of the Church large families would seem to have a special preroga-tive of producing saints, as is shown in the cases of St. Louis, St. Catherine of Siena, St. Robert Bellarmine, and St. Pius X. The Pontiff concluded his speech by urging his listeners to work unceasingly for the economic welfare and protection of large families, dxhorting them to wake society from its lethargy on this point. On January 19, 1958 (AAS, pp. 85-90), His Holiness "addressed 15,000 Italian women engaged in domestic work. He told them that their work excelled other forms of labor such as agricultural or industrial occupations, for these latter are chiefly concerned with things, while their own work is con- 237 R. F. SMITH l~eview for Religious cerned with persons. Because 0f this the relations between domestic servants and their employers must be. regulated not only by the laws of commutative justice but also by.a mutual interchange of human values. Love must lighten the tasks of the domestic worker; and that love can not be repaid by money alone, but by an exchange of affection. He further p?inted out to his listeners that they must gauge the importance of their work by considering that their activity is directed to the existence and stability of family life. Hence, they should be concerned for the good name of the family they work for,. seek to develop harmony among its members, and help in the correct formation of the children. He concluded his allocution by urging the women listening to him to consider their work as a service rendered to God in the person of their neighbor; he also reminded the employers of domestic servants that these servants, if they devote all their activity to their work, themselves deserve a family wage. On December 30, 1957 (AAS, pp. 119~20), the Sacred Penitentiary published the text of a prayer composed by the Holy~Father to be recited by members of Christian families, who, each time they recite the prayer with contrite heart, may gain an indulgence of 1,000 days. Miscellaneous Several documents which appeared in February and March concern the liturgy and the Church's life of worship. On February 8, 1958 (AAS, p. 114), the Holy Office issued a document condemning the growing practice of delaying baptism because of alleged liturgical reasons bolstered by foundationless opinions concerning the condition of infants dying without baptism. Hence, the Holy Office warns the faithful that infants should be baptized as soon as possible in accordance with canon 770. Five days later on February 14, 1958 (AAS, p. 114), the Holy Office issued another document dealing with another 238 July, 1958 ROMAN DOCUMENTS abuse, this one consisting in adding prayer or scripture passages to liturgical functions or in deleting prescribed pfayers~ from such functions. The document restates the current discipline of the Church that only the Holy See. can make changes in the ceremonies, rites, prayers, and readings of liturgical functions. On February 5, 1958 (AAS, p. 104), the Sacred Congre-gation of Rites empowered lbcal ordinaries to permit the blessing of ashes to be repeated before afternoon Mass on Ash Wednesday, provided the Mass is attended by large numbers of the faithful. Under.the date of January 7, 1958 (AAS, pp. 179-81), the same congregation ai~proved the miracles needed for the canonization: of Blessed Juana Joaquina de Vedruna de Mas (1783-1854), .widow and foundress of the~ Carmelite Sisters of Charity. ~ Four other talks of the Holy Father, the texts of whic~ were published du.ring February~ and March, should be noted. On i%bruary 1~8, 1958 (AAS, pp. 161-69), His Holiness delivered the traditio'nal¯ allocution to. the parish priests and Lenten preachers of Rome. He urged .his listeners to make the greatest efforts during the forthcoming extraordinary mission to' be held throughout the city of Rome on the occasion of the centenary of the apparitions at Lourdes. He told them to stress three matters. The first is' that of the sanctificati6n of Sundays and holy days; the second is respect for one's own life and, hence, a repudiation of suicide, a ~in which not only excludes the normal channels of divine mercy, but is also an indication 'of a lack of~'Christian faith and hope;' the third point to be stressed is respect for the lives of others to be shown by a sense of Christian responsibility with regard to the ingreasing traffic accidents in the city of Rome. He concluded his allocu-tion by exhorting the priests present to tell the people during the coming mission that the world needs priest and religious saints, but above all at the present time it needs a multitude of lay saints. 239 R. F. SMITH On January 14, 1958 (AAS, pp. 150-53), the Pontiff addressed the professors and students of the Angelicum, urging them to imitate in their lives St. Thomas Aquinas. Like that great saint, they should have the greatest docility and respect for the teaching authority of the Church; like him they should strive for a profound knowledge of Scripture; and in imitation of him they should foster an intense interior life where charity, the queen of the virtues, may reign[ On February 22, 1958 (AAS, pp. 170-74), 10,000 rail-road workers of Italy heard an allocution given by the Holy Father. The Pontiff: told his audience that their occupation should constantly remind them of the most important of human travels--human life itself which is a journey to the possession of God. On February 19, 1958 (AAS, pp. 174-76), the Pon-tiff broadcast a message to the school children of the United States to solicit their charity for the needy children of other countries. He devoted his message to St. Joseph, telling the children that St. Joseph who is the protector of the Church is asking them to contribute their part to the needs of other children throughout the world. Two documents of the period under survey concern political matters. On February 1, 1958 {AAS, pp. 68-81), a convention was ratified between the Apostolic See and the Republic of Bolivia. On January 27, 1958 {AAS, pp. 121-22}, the Sacred Penitentiary issued the text of a prayer composed by His Holiness to be recited by Catholic legislators and poli-ticians. Each time they recite the prayer with contrite heart they can gain an indulgence of three years. The last document to be considered was issued on February 15, 1958 (AAS, p. 116), as a declaration of the excommunica-tion of three Hungarian priests who participated' in the Hun-garian Parliament contrary to the decree of the same congre-gation previously issued on July 16, 1957 (See REVIEW FOR RELIGIOUS, January 15, 1958, pp. 48-49). 240 t oo! Reviews [Material for this department should be sent to Book Review Editor, REVIEW FOR RELIGIOUS, West Baden College, West Baden Springs, Indiana.] MAN AND HIS HAPPINESS. Theology Library, Vol. III. Edited by A. M. Henry, O.p. Translated from the French by Charles Miltner, C.S.C. Pp. xxxix and 420. Fides Publishers Associa-tion, Chicago. 1956. $6.50. THE VIRTUES AND STATES OF LIFE. Theology Library, Vol. IV. Edited by A. Mo Henry, O.P. Translated from the French by Robert J. Olsen and Genevieve T. Lennon. Pp. xii and 778. Fides Publishers Association, Chicago. 1956. $8.75. With these two volumes the Theology Library moves into the realm of moral theology. The Preface and Introduction to Volume III are at pains to point out that in the conception of the authors moral theology is not distinguished from dogmatic theology as is done in many manuals. Volume III treats of moral matters in their general principles: the happiness of man, psychological and moral analysis of human action, the passions, habits and virtues, sin, law, and grace. Volume IV descends to a more particular treatment which considers the theological virtues, the cardinal virtues, charismatic gifts, the functions, states, and orders in the Church, the active and the contemplative life, and, finally, Christian perfection. It is safe to wager that the matter contained in these volumes will prove very interesting simply because of the subject matter which certainly "comes home to our hearts and our bosoms." Father 'Tonneau's remarks in the Introduction to Volume III about the mistake of transferring mere social relations to our rela-tions to God and thus trying to determine the pattern of morality and its foundation are timely. God is primarily a creator of natures before being a legislator. The brief sketch of Christian mora|ity -from the New Testament in the introductory chapter is from the pen of Father Spicq who is well qualified for the task. One may well ask, though, whether the distinction, not to use a stronger word, which he draws between the morality of the Old and the New Testaments is not overdone. As in the preceding volumes, each chapter is followed by a section called "Reflexions and Perspectives" and by a bibliography. In these volumes the French bibliography is not translated into English. 241 .Review for Religiou:~ It may come as a surprise to many (it should be a pleasant surprise) to find a treatise on morality opening with a consideration about man's happiness. This was prepared for by Father Tonneau's Introduction wherein morality is seen in the perspective, not primarily; of law and obligation, but of rational pursuit of happiness. The profundity of this starting-point becomes apparent when the author shows, rightly it seems, that man has a natural de~ire for seeirig the essence of God." The chapter on the passions is well done and brings to light some poin. ts about "the irascible" which are either neglected or, worse, misunderstood. In the chapter on grace there is a long introdtictory section on the meaning of grace in Scripture. This is definitely a gain. Unfortunately, the study is'confined~ mainly to the word grace and its meaning. Such a method leaves wide gaps: in St. Paul the meaning of the terms Spirit and spiritual should have been studied to help grasp the reality of the gift and its super-naturality. Actually, the writer was forced to follow such a pro-cedure for St. John who. expresses the reality of grace by the term eternal life. The theological treatment of grace is admittedly a difficult task. Even given the scriptural foundations, the history of thought about grace is almost required if one is to grasp "the" significance of t~rms, problems, and solutions. Here it seems that 'the work has not been well done. The various divisions of the meaning of the word grace include that of operative and cooperative. Augustine provided the basis for this distinction, but the explanation given on page 384 does not 'correspond with that of St. Thomas in I-II,111,2. Further, the statement about the meaning of excitant and assistant grace in the Council of Trent is not correct. Now, while one may legitimately develop his own theory and interpretation of both Thomas and Trent, it ought to be made clear, especially with regard to the council, that this is' an interpretation. Finally, what was the use of this discussion on operative, and cooperative grace? It seems that the distinction functions only once. in the subsequent pages and, actually, provides no clarification in its application. The whble treatment, of justification is unsatisfying. The writer seems to be so anxious to insist on the instantaneous occurrence of justification that he neglects other equally important aspects of the matter. In., Volume IV, on the virtues and the states of life,, we have matter which will prove still more interesting. It is in this volumd that greater originality is attempted, all the while adhering to the 242 July, 1958 BOOK REVIEWS fundamental doctrine of St. Thomas. Of all the chapters in this volume the most original is the first, on faith, by Father Li~g~. It may well prove to be the most helpful: it is concrete, psychological as well as metaphysical, and offers some excellent suggestions about the faith in reference to its different "ages" in the child, the adolescent, the adult. Finally, this chapter is up-to-date. The writer takes full cognizance of the latest work on the relation of sigfis (miracles) to th~ genesis of the act of faith, the question of immanence and connaturality.in the judgment of credibility, and the need of affirming the motive of faith in the act of faith. This latter point is well brought out by insisting on the very meaning of revelation as the self-disclosure of a person ~o persons. The fact of Jesus Christ's being "the fulness of the Word of God" is established and the consequences of this for a right understanding of the development of dogma are indicated. The insistence, in the last chapter, on the call of all Christians to perfection is most acceptable and~ forms a fitting close to the two volumes °which began with the statement that man naturally desires to know and love God in whom his happiness and, therefore, his perfection consists. . If we must add here some complaints that were voiced about the earlier volumes of the Theology Library, we must be forgiven for the simple reason that we are performing the duty of a revie~ker. First, the translation, in general, is better. Yet there are numerous blunders. There is still the tendency to retain in English the narrative present tense of the French; the antecedents of pronouns are not always clear. There is no doubt that some of the responsibility for the difficulty exlSerienced by the English reader lies with the authors of the articles themselves. They have written rapidly, even hastily, so that, at times, one gets the impression that he is reading jottings. Combine this with the difficulty of the subject matter and the technical vocabulary (sometimes Latin phrases and sentences are left in the original Latin), and you have books which will not prove easy reading for the un-initiated.-- JA,x~ES J. DOYLIL S.J. THE WORSHIP OF THE CHURCH. A Companion to Liturgical Studies. By William J. O'Shea, S.S., D.D. Pp. 646.The lqew. n/an Press, Westminster," Maryland. 1957. $7.00. After more than thirteen years of careful preparation, Father O'Shea presents in the present volume a comprehensive, mode[n study, well calculated to supplement knowledge of the liturgy gleaned from 243 ]~OOK REVIEWS Review for Religious primary sources. The author treats his subject very thoroughly from all important aspects and with great attention to detail. The result is a fund of thought-provoking material not only for the dlerical reader (for whom the book was ~riginally intended) but also for all who would draw near to the fullest participation in ~he official prayer of the Church. Having explained the definition of the liturgy given in Mediator Dei, Father O'Shea goes on to discuss its latreutic-sanctifying purpose. Attention is here and elsewhere given to the pivotal question of re-quisite interior disposition without which external liturgical elements quickly degenerate into vacuous formalism. As interior devotion fosters liturgical observance, so too the liturgy occasions (and even causes through its sacraments) an increase in interior graces con-sonant with its purpose: the glory of God and the sanctification of souls. Further chapters turn in detail to the impersonal and objective components of the full liturgy in the light of its historical develop-ment under the guidance of the Holy See. The Holy Sacrifice, the Divine Office, the sacraments, and the major sacramentals are all treated in great detail, as well as their exterior surroundings, in-clusive of vestments, liturgical music, and art forms. A special chapter is devoted to consideration of the liturgical year. The whole book spells out the magnificent plan of the liturgy intoa splendid living, mosaic of corporate worship in which the individual grows in grace as he willingly" takes active part. There are difficulties. But the cumulative effect of the pre-sentation is intellectually satisfying, if the reader is willing to work and does not allow himself to be weighed down by the great mass of detail. Firmly grounded intellectual conviction about the value of the full liturgy is precisely what is needed and is precisely what the author brings to his persistent student. The conclusion reached, however, will be best realized by most of us through actual par-ticipation in the full liturgy, to which the book is but the necessary scientific prelude. Great stress is accorded throughout the work to the corporate character of Christian worship, in which each member of the Mystical Body of Christ is ideally to participate in the fullest measure allowed by his state of life. The result is a desired liturgical context in which the various recognized systems of spirituality participate and from which they draw in due proportion to their secondary purposes assigned by the Church. 244 July, 1958 BOOK ANNOUNCEMENTS The presentation is characteristically positive and enthusiastic in its total import. Its major thesis is one that recommends itself to the prayerful consideration of all who are in a position to influence liturgical practice--if only in their own lives. In practice, for the individual religious or diocesan priest the theme idea may merely mean the more spirited performance of liturgical actions already engaged in. But depth of spirit here and desire for fuller participation under the guidance of obedience are viewed as an excellent index of sound spirituality in full accord with the mind of the Church'. The book is well recommended to the serious student and for conferences to religious, aimed at deeper appreciation of our liturgical heritage.--.¥IATTHE\V ~_~. CREIGHTON, S.J. BOOK ANNOUNCI=MI=NTS THE CATHOLIC UNIVERSITY OF AMERICA PRESS, 620 Michigan Avenue, N.E., Washington 17, D. C. Fast and Abstinence in thd First Order of Saint Francis. A Historical Synopsis and a Commentary. By Jordan J. Sullivan, O.F.M.Cap. This is a dissertation submitted to the faculty of the Catholic University of America. Pp. 133. Paper 2.00. CLONMORE & REYNOLDS,. LTD., 29 Kildare Street, Dublin. Mary. Mary's Seven Words. Mary's Seven Sorrows. By Peter Lippert, S. J. Simple, thought-provoking material suitable for medi-tation and spiritual reading. Pp. 78. Paper 5/6. Saint Clare of Assisi. By a Poor Clare Colettine. Meditations on the life and virtues of St. Clare. P.72. Paper 3/-. Saint Anthbny of Padua. By Olive M. Scanlan. A brief bi-ogral:; hy of a very popular saint. Pp. 62. Paper 4/6. Palm Sunday to Easter Sunday. By Dom Ernest Graf, O.S.B. A commentary and explanation of the new liturgy of Holy Week. Books like this are necessary if the faithful are to learn to appreciate the new liturgy. Pp. 88. Paper 5/-. FIDES PUBLISHERS, 744 East 79th Street, Chicago 19, Illinois. What They Ask About the Church. By Monsignor J. D. Con-way. The questions are real and the answers have appeared for the most part in the Davenport Catholic Messenger and the Catholic 245 BOOK ANNOUNCEMENTS Review for Religious Digest. Here they are ~irranged topically under six heads. If you are looking for honest, clear, and convincing answers to the ques-tions non-Catholics ask about the Church, you will find them in the book. It should prove a valuable aid to all engaged in convert work. Pp. 338. $3.95. FRANCISCAN EDUCATIONAL CONFERENCE, Capuchin Col-lege, Washington 17, D. C. Franciscan Life Today. Report of the thirty-seventh annual meeting of the Franciscan Educational Conference, St. Anthony's Seminary, Santa Barbara, California, August 12-14, 1956. The topics discussed at the conference were all ascetical and as such of interest to all religious. We single out for special mention the following: Renovatio Accommodata; the place of the religious state, of the religious priesthood, of the religious brother in the Church; the value of the common life; genuine concept of obedience; modern dangers to chastity. Pp. 326. Paper $3.75. HAWTHORNE BOOKS, INC., 70 Fifth Avenu'e, New York I1, New York. This Is the Mass as described by Henri Daniel-Rops, as cele-brated by Fulton J. Sheen, as photographed by Yousuf Karsh, with an introduction by Bishop Sheen. We can never understand ~nd appreciate the Mass adequately and so must strive always to grow in understanding and appreciation of this august mystery. No opportunity to learn more about the Mass should be allowed to escape us. If you have read re. any books about the Ma~s, do not dismiss this one as just another book, for its read!ng will profit you greatly; if you have not, this is an excellent book with which to begin your study of the "perfect act of worship of God. Pp. 159. $4.95. B. HERDER BOOK COMPANY, 15 South Broadway, St. Lo.uis 2, Missouri. Summa of the Christian Life. Vol. III. Selected texts from the WritinSs of Venerable Louis of Granada. O.P, Translated and adapted by Jordan. Aumann, O.P: This is the final volume of a classic treatment on the Christian life. It is number eleven in the "Cross and Crown Series of Spirituality." In this volume, which is divided into three books, th~ first, of 206 pages, deals with the Life of Christ;-the second, 0f 102 pages, treats of the sacr.aments; the third, of 46 pages, is on the last things: death, judgment, the p~ains of hell, eternal glory. Pp. 372. $4.75. 246 July, 1958 BOOK ANNOUNCEMENTS P. J. KENEDY. & SONS, 12 Barclay Street, New York 8, New York. My Last Book, by James M. Gillis, C.S.P., is a book of informal meditations. The ai~thor characterizes them in these words: "These meditations are designed primarily as a help to 'personal religion.'" Again "What. we seek is quiet consideration, reflection, concentration upon the truths of religion." You will like these meditations, the last work of a man grown old in the service of God--he was eighty-one when he diedmand determined to work for God even in his fihal illness. Pp. 246. $3.95. LOYOLA UNIVERS~'TY PRESS, 3441 North Ashlarid Avenue, Chic'~go 13, Illinois. Challenge. By fohn W. O'Malley, S.J., Edward J. McMaho.n, S.J., Robert E. Cahill, S.J., and Carl J. Armbruster, s.J. Challenge is a prayerbook intended primarily for the y?ung, for those not too old to be roused to give of their best when they meet a challenge. It is much more than just a collection of prayer formulae, for it essays to guide its readers to an intense and elevated spirithal life. Ev~en mental prayer "comes in for excellent treatment. The ideals it unfolds for the user are highf they offer a definite challenge. This is a prayerbo~k which you will want to reco'mmend to your students, You might even find it profitable for your own use. ~Sp. 243.~2.50. THE NEWMAN PRESS, Westminster, Maryland. Our Lady Queen of the Religious Life. By Louis~Colila, C.SS.R. Translated by Sister Maria Constance and Sister Agnes Th~r~se. ALl .religious instinctively venerate Mary, the Mother of Jesus, as their Mother and Queen. Father Cblin articulates this instinctive devotion in a new title of' Mary as Queen of the Religious Life. He writes this book not to prove a thesis, for One does not prove what all accept unquestioningly, but to show how very appropriate the title is. The book is divided into t[iree parts. In Part One he shows how~our Lady is the ideal df the.religiou~ life; in Part Two he explains how Mary ig the source of that life; and in Part Three he treats of the" Marian devotion of religious. You will"like this book. Pp. 234. $3.75. Melody" in Your Hearis. Edited by Reverend Georg'e L. Kane. This book is ~/" very ~interesting "and eklifyirig human document: Thirteen sisters tell what" "the religious life ha~ been ~fid meant for them, thdir satisfaction in their work, their joys ahd ~orrows, dis- 247 BOOK ANNOUNCEMENTS Review for Religious appointments and achievements. Four years ago these same sisters gave the reascms that prompted them to become religious in the book Why I Entered the Cdnvent. The present volume is another effective instrument to promote vocations to the religious life among young girls. Pp. 173. $3.00. Woodstock Papers No. 1. A Catholic Primer on the Ecumenical 'Movement. By Gustave Weigel, S.J. Pp. 79. Paper 95c. Woodstock Papers No. 2 The Testimony of the Patristic Age Concerning Mary's Death. By Walter J. Burghardt, S.J. Pp. 59. Paper 95c. These two volumes introduce a new series of theological essays projected by the .professors of Woodstock College. Several are to appear each year. They are intended primarily for the grow-ing number of lay men and women interested in theology. This means that they will be written in a popular vein yet with care so as not to sacrifice theological accuracy. The choice of topics will be such as to be of interest and assistance, so the projectors of the .series hope, also to their colleagues in the field. Guidance in Spiritual Direction. By Reverend Charles Hugo Doyle. "Tl~e dual purpbse of this book," the author tells his reader, "is to interest more priests in becoming spiritual directors in the fullest sense of the word, and, at the same time, to provide, in as logical and simple a manner as possible, fundamental rules in spiritual guidance as found in the writings of the great masters of the spiritual life." After you have read the book, you will agree that the author does accomplish his second aim. Only time can tell whether he will also gain his first purpose. Pp. 301. $4.75. Stonyhurst Scripture Manuals: The Gospel According to Saint Matthew. The Gospel According to Saint Luke. The Gospel According to Saint John. The general editor of the series is Philip Caraman, s.J. The commentary and the introduction for each volume are by C. C. Martindale, s.J. The books are intended for school use; and the notes and commentaries, therefore, are such as will be most useful for students studying the Gospels for the first time. The volumes average better than 200 pages and sell for $3.00 each. Martyrs of the United States. Manuscript of Preliminary Studies Prepared by the Commission for the Cause of Canonization of the Martyrs of the United States. Edited by Reverend Monsignor James M. Powers, LL.D. This book deserves wide circulation. From it you will learn to your surprise that there are 118 individuals who 248 July, 1958 BOOK ANNOUNCEMENTS cain claim to have died a martyr's death in the United States. They deserve to be better known. You can advance their cause by learaing to know them, by invoking their aid privately, and by getting others to do so. Pp. 196. $3.20. The Best Poems of John Banister Tabb. Edited with an intro-duction by Dr. Francis E~ Litz. An exceptional treat for the lovers of verse. The poems are arranged in chronological order and so the reader can follow the development of Father Tabb's art~ Pp. 191. $3.00. A Legend of Death and Love. By Joseph Kerns, S.J'. Illustrated by Edward O'Brien. A Poem of 454 lines concerning a heroic trumpeter of Cracow, the Tartar invasion, and our Lady. Pp. 45. 1.75. ST. GREGORY SEMINARY, Mount Washington Station, Cincinnati 30, Ohio. Mosaic of a Bishop. Des.igned by Reverend Maurice E. Reardon, S.T.D. Here is something original in biography. You meet the late archbishop of Cincinnati, John T. McNicholas, O.P., S.T.M., in his own writings. You learn of the details of his life from numerous notes and essays of the designer which serve to introduce many of the sermons, addresses, and lectures. The whole makes a very im-pressi_ ve monument to a distinguished churchman. Pp. 365. $6.00. SHEED & WARD, 840 Broadway, New York 3, New York. The Risen Christ. By Caryll Housela~der. The author needs no introduction, since most ~eaders are familiar with her books an~ the originality and freshness of her thought. She died almost four years ago (October 12, 1954), and so it is something of a mystery to find her author of a new book. No ghost writer is involved, for the style and manner are geauine. The publishers could throw light on this problem, but have not chosen to do so. We recommend this book unreservedly. We found it very stimulating and predict that you will too. Pp. 111. $2.75. The Priestly Life. A Retreat by Ronald Knox. This retreat was given by Father Knox to semiaarians when death was imminent though he did not realize it. In it he shares with his audience the wisdom gathered in a long and active life. Though the meditations were written for priests and seminarians, the faults pointed out and the virtues insisted upon are faults all of us should correct and virtues we should all strive to acquire. Pp. 176. $3.00. 249 QUESTIONS AND ANSWERS Review for Religious Approach to Penance. By Dom Hubert van Zeller, O.S.B. "If you were asked to put on paper what you know about penance, it is. very. likely that you would not need very much paper, particularly if you were told to leave the sacrament of penance out ot: account. If this is true, then you must read Dom ZeIler's book Approach to Penance. In it you will find an unusually complete and adequate treatment of what most ot: us findto be a painful subject. He does not succeed in making penance attractive, but he will convince you olc its necessity and show you how you can practice it.~ Pp. 104. World Crisis and the Catholic. Here is a collection of studies by lay Catholic men and women, all of whom have become nationally or even internationally prominent in their various fields. They view the modern world and its problems and indicate, each in his own field, what must be done to arrive at a solution: Pp. 231. $3.00. SISTERS OF THE VISITATION, 202 Bancroft Parkway, Wilming-ton 6, Delaware. Lights and Counsels, by the late Right Reverend Alfred A. Curtis, D.D., is a collection of brief spiritual thoughts, one for each day of the year. This is a new printing and now contains an index. Pp. 125. Paper 50c. Answers [The following answers are given by Father Joseph F. Gallen, S.J., professor cat~ort ldw at Woodstock College, Woodstock, Maryland.] --20 - John and. Mary, both of the Syrian rite, immigrated to this country and settled in a town that had only a church of the Latin rite. Thus both automatically passed to the Latin rite. Their daughter Rose, now a professed religious of perpetual vows, was baptized in this Latin "church and consequently is a Latin.~ Are my conclusions correct? No. John and l~.ary remained in the Syrian rite, since par-ticipation ,in another rite, no matter how prolonged, does not effect a change of rite (c. 98, ~ 5). Rose should have been baptized in the rite of her Syrian parents (c. 756, § 1),. She belongs to the rite in which she should ordinarily have been baptized, even if a 25O July, 1958 QUESTIONS AND ANSWERS serious reason legitimated the baptism in another rite (c. 98, § 1), and is therefore of the Syrian rite. Her religious professions are valid, since the permission for an Oriental to enter a Latin novitate is required only for the liceity, not the validity, of the noviceship (c. 542, 2°).~ However, even though Rose is a professed of per-petual vows, this permission is still to be obtained. This whole subject and the m~nner of requesting the permission were explained in the REVIEW FOR RELIGIOUS, September, 1949, 241-54. Does there exist any canonical prohibition against institutes of men having authority over or the direction of

This report summarizes findings from an allocative efficiency and financial commitment analysis conducted for the Government of Zambia by the World Bank and the University of New South Wales. It uses Optima, a mathematical model of HIV transmission and disease progression. Optima is a population-based and flexible model, which provides a formal method of optimization and determines optimal allocations of HIV resources across numerous HIV programs, target populations, and funding levels. It also provides epidemic, investment scenario and financial commitment analysis.

El Salvador is the smallest country in Central America, and one of the most densely populated in the world. El Salvador is among the countries most affected by weather-related events and other hazards, incurring annual losses of around 2.5 percent of GDP. Worldwide, it ranks second highest for risk exposure to two or more hazards and highest for the total population at a relatively high risk of mortality. Furthermore, climate change is expected to increase the frequency and severity of weather, related events. The new Administration is committed to making El Salvador more 'productive, educated, and safe' by promoting inclusive growth and resilience. The World Bank Group's (WBG) proposed new CPF intends to promote inclusive growth and to foster resilience, with a focus on policy levers that could contribute to break the vicious circles in a sustainable manner. The proposed CPF is aligned with the Government's priorities and informed by the WBG's recent SCD. To strengthen the mutually-reinforcing foundations of inclusive growth, the proposed WBG engagement would support objectives which seek to: (i) build capacity to create safer communities for economic development; (ii) improve secondary-school attainment; (iii) enhance youth employability and skills; and (iv) increase access to finance. To foster sustainability and resilience, the proposed CPF seeks to: (v) promote the efficiency of public spending; and (vi) build capacity to manage disasters and environmental challenges. Taking into account the challenges faced by El Salvador, the WBG wishes to provide a modest but catalytic role through the implementation of these six objectives.

The Lebanon Economic Monitor provides an update on key economic developments and policies over the past six months. It also presents findings from recent World Bank work on Lebanon. It places them in a longer-term and global context, and assesses the implications of these developments and other changes in policy on the outlook for Lebanon. Its coverage ranges from the macro-economy to financial markets to indicators of human welfare and development. It is intended for a wide audience, including policy makers, business leaders, financial market participants, and the community of analysts and professionals engaged in Lebanon.

Panama has experienced impressive and significant economic growth, emerging as one of the better performers in Central America in recent years and one of the fastest growing economies worldwide. From 2003 to 2013, Panama has averaged an annual GDP growth rate of approximately 7 percent, surpassing the average GDP growth in Central America. It has also emerged as one of the fastest growing economies worldwide. Even during the economic crisis of 2008-2009, its economy continued to grow albeit at a lower rate. This note recommends that Panama prioritize three main aspects: a) improving the effectiveness of social public spending by further enhancing the pro-poor and pro-indigenous features of targeting mechanisms; b) reducing inefficiencies in the various sectors, for example, by improving the coordination between the Ministries of Education, Health, Social Development, and CSS to minimize duplication of efforts and resources; and c) strengthening planning, budgeting, and information tools and systems, legislation, and institutions to support implementation and track progress toward Government goals.

Africa's population is young and growing at twice the pace of other continents. A youth bulge presents a series of development policy opportunities and challenges. In this context, simplistic linkages between the youth bulge, high unemployment, and fragility have gained traction and given rise to a youth policy agenda that targets urban male youth as the problem and emphasizes formal sector development as the solution. This paper questions some of the core assumptions that underpin mainstream perceptions of the linkages between youth, employment, and fragility in West Africa, and presents an alternative analysis. The study will use the language of livelihoods to reflect on youth employment experiences, as livelihoods take into account the capabilities, assets (including both material and social resources), and activities required for a means of living beyond traditional ideas of employment, and thus enable a deeper, more sophisticated understanding of the realities of many young West Africans. The paper argues that a nuanced understanding of specific groups of young people and their livelihood activities in their specific social, cultural, political, and economic context is necessary to understand how young peoples' lives intersect with fragility dynamics. The paper aims to highlight that the relationship between youth, unemployment, underemployment, livelihoods, and fragility is far more complex than is often recognized and should not be exaggerated or taken out of context.

This paper builds on the global experience and Mali s context to identify an effective nutrition approach as well as costs and benefits of key nutrition programs, as part of a resilience agenda after the crisis. It is intended to help guide the selection of the most cost-effective interventions as well as strategies for scaling these up. The paper looks at both relevant nutrition-specific interventions, largely delivered through the health sector, and at multisectoral nutrition-sensitive interventions delivered through other sectors such as agriculture, social protection, and water and sanitation that have the potential to strengthen nutritional outcomes in Mali. We first estimate that the costs and benefits of implementing 10 nutrition-specific interventions in all regions of Mali would require a yearly public investment of $64 million. The expected benefits are large: annually about 480,000 Disability-adjusted Life Years (DALYs) and more than 14,000 lives would be saved and over 260,000 cases of stunting among children under five would be averted. However, because it is unlikely that the Government of Mali or its partners will find the $64 million necessary to reach full national coverage, we also consider three potential scale-up scenarios based on considerations of their potential for impact, the burden of stunting, resource requirements, and implementation capacity. Using cost-benefit analyses, we propose scale-up scenarios that represent a compromise between the need to move to full coverage and the constraints imposed by limited resources. We identify and cost six nutrition-sensitive interventions that are relevant to Mali s context and for which there are both evidence of positive impact on nutrition outcomes and some cost information. These findings point to a powerful set of nutrition-specific interventions and a candidate list of nutrition-sensitive approaches that represent a highly cost-effective approach to reducing child malnutrition in Mali.

The evolution of Costa Rica's social sectors over the past decade has been dichotomous. On the one hand, economic growth has remained relatively high, however poverty and inequality have not declined (moreover, they have increased), and persistent employment challenges remain. On the other hand, the country has continued experiences advances in many social indicators, such as pre-primary and tertiary enrollment rates, access to improved sanitation, and labor force participation, though not in others (secondary school completion, immunizations, employment). Higher economic growth and (to a lesser extent) revenues seem to have allowed a substantial increase in public social spending. Looking forward, the key challenges Costa Rica faces are related to continuing improving the quality and efficiency in the social sectors, while improving targeting to serve the most in need, in a tight and severe fiscal context. To expand coverage of excluded population, priority will have to be given to reallocations and improvements within the spending envelope for the social sectors to maximize impact. With a fiscal deficit of more than 6 percent of GDP, further expanding public social spending is no longer an option and budget cuts are looming. Improvements in public spending management and budget execution, including the need of institutional reform to consolidate programs and improve coordination among executing agencies is equally important. In a country that has long been the champion in expanding universal welfare state, sustainability concerns will imply that hard fiscal decisions would need to be made to increase the social returns of budget allocation.

Since the early 2000s, Tanzania has seen remarkable economic growth and strong resilience to external shocks. Yet these achievements were overshadowed by the slow response of poverty to the growing economy. Until 2007, the poverty rate in Tanzania remained stagnant at around 34 percent despite a robust growth at an annualized rate of approximately 7 percent. This apparent disconnect between growth and poverty reduction has raised concerns among policy makers and researchers, leading to a consensus that this mismatch needed to be addressed with a sense of urgency. Over the past few years, the National Strategy for Growth and Reduction of Poverty (MKUKUTA) in Tanzania has given high priority to eradicating extreme poverty and promoting broad-based growth. Achieving pro-poor growth has also been widely recognized by the World Bank as a critical strategy for accelerating progress toward its twin goals of eliminating extreme poverty at the global level by 2030 and boosting shared prosperity by fostering income growth among the bottom 40 percent in every country. The official poverty figures announced by the government in November 2013 have revealed that the national strategy against poverty has begun to facilitate reductions. The basic needs poverty rate has declined from around 34 percent to 28.2 percent between 2007 and 2012, the first significant decline in the last 20 years. Identifying the policy mechanisms that have helped to increase the participation of the poor in the growth process and to speed pro-poor growth is therefore important for present and future decision-making in Tanzania on how best to eradicate poverty. Such task requires a rigorous analysis of the evolution of poverty and of the linkages between poverty, inequality, and economic growth. This report uses the availability of the new Tanzanian Household Budget Survey (HBS) for 2011 and 2012, as well as the new rebased GDP figures released in December 2014, as an opportunity to address these issues. More specifically, the report examines the recent trends in poverty and inequality and their determinants and explores how responsive poverty reduction was to economic growth and the obstacles to achieving it.

The Republic of Congo (Congo) boasts numerous assets that can be harnessed to build a strong and robust economy. These assets are oil, ore such as iron and potash, arable lands, and a young population. Congo is the fourth largest oil producer among West and Central African countries, both in total production (260,000 barrels per day) and production per capita terms. In addition, the country is endowed with substantial iron and potash that are yet to be exploited; it has a vast arable lands that could be useful for agricultural development; and the country boasts a young population, which, if well-educated, could be a dynamic labor force helping to spur economic growth.

Demand is also fueled by other factors: in many emerging economies a 'demographic dividend' of young people, the product of significant reductions in child and infant mortality rates—is poised to enter education and work. And, according to the 2014 Millennium Development Goals report, nearly 90 percent of children in developing regions are on track to complete primary education. The shift from agricultural to knowledge-based economies also plays a significant role in creating demand for higher learning. The purpose of the study was to identify key success factors in private sector student lending in order to support IFC in understanding, and potentially making investments, in student lending across a range of emerging markets. The study examined 70 student lending models globally as well as a range of innovative financial models. Detailed case studies were developed for eight compelling and diverse private sector student lending models. The study also highlighted a range of innovative financial models including crowd funding, big box banking, social impact bonds, and other mechanisms. The purpose of this investigation of innovative financial models was to see what leading-edge methods might be at work in other sectors and to see if they might offer inspiration to student lending.