Изображения страниц
PDF
EPUB

DROIT D'AUBAINE AUBURN.

national assembly, by the decrees of the 6th of Aug., 1790, and the 8th and 31st of Aug., 1791, abolished this law; and, as it was acknowledged by no other country of Europe as a general rule, but was only put in force as a measure of retaliation against France, there was no necessity for a particular abrogation of the same in any European state. The French, however, were not conscious of this. They confounded their own droit d'Aubaine with the rule prevailing in other countries, of deducting a certain proportion of the estates of foreigners deceased; and the droit d'Aubaine was restored in the Code civile (Code de Napoléon, art. 11), because complaint was made that other countries, especially Prussia, had not abolished it. 2. In England, no droit d'Aubaine is known. The alien can transact any business there (under the provisions of the alien act), and his property descends to his heirs, wherever they may be. Real estates alone he cannot acquire. (For further information respecting the rights of aliens in England and the U. States, see Alien, Alien Act and Naturalization.)

AUBE, department of; a French department in the former province of Champagne. (See Department.)-Aube; a river of France, which rises in the department of Upper Marne, and, running through that of Aube, passes by Bar-sur-Aube and Arcis, and falls into the Seine, near Nogent. The Aube became important, in the last war against France, as a line of military operation.

AUBER, D. F. E.; a French composer of operas, now popular, and a distinguished support of the opéra comique in Paris. His first opera, by means of which he made his fortune in Germany, is La Neige (Snow). His Concert à la Cour (Concert at Court) and Le Maçon (the Mason) are very much esteemed. His music is elegant, but not elevated, and betrays the desire of the new French composers to be piquant and novel. He seeks to unite the style of Boyeldieu, and the French opera composers, with that of Rossini.

AUBERT-DUBAYET, Jean Baptiste Annibal; born in Louisiana, Aug. 9, 1759. From the 18th year of his age, he was an officer, and fought in the service of the U. States in the war of independence. Shortly before the breaking out of the French revolution, he went to France. In 1792, he was elected president of the legislative assembly. As general of brigade, he defended Mayence, and justified himself from the charge of improperly surrendering the place. He afterwards

461

fought with vigor against the Vendeans, in the west of France. In the year 3 of the republic, he was appointed minister of war, and went, in the year 4, to Constantinople as French ambassador, where he died two years afterwards. He was an ardent republican, upright, and endowed with talent, but is said to have been extremely vain.

a

AUBIGNE, Theodore Agrippa d'; French author, born in 1550. He early gave proofs of talent. In his 13th year he lost his father, and fought afterwards under Henry IV, king of France, who made him a gentleman of his bed-chamber. He soon became a favorite of Henry, but when the king, thinking it necessary, favored the Catholics more than the Protestants, A. expressed his displeasure with little reserve, and, at length, lost the favor of Henry. He now retired to Geneva, where he devoted himself to literary pursuits. He wrote a Histoire Universelle, from 1550 to 1601, with a short account of Henry IV's death, 3 vols., folio, the first volume of which was ordered to be burned by the parliament of Paris. He died at Geneva, in 1630. alone

AUBREY, John, F. R. S.; an English antiquary, born at Easton-Piers, in Wiltshire, in 1626; educated at Oxford. He collected materials for the Monasticon Anglicanum, and afforded important assistance to Wood, the Oxford antiquary. He lost his property, and was reduced to absolute want; but a lady Long supported him till his death, about the year 1700 He published little, but left large collections of manuscripts, which have been used by subsequent writers.pd

AUBRY DE MONTDIDIER; a French knight of the time of king Charles V, who, according to tradition, was basely murdered, in 1371, by his companion in arms, Richard de Macaire. The murder was discovered by means of a dog of the deceased, who showed the most hostile disposition to the murderer. The king compelled Macaire to fight with his accuser, the dog, in order to decide the case; and the murderer was conquered This story has been formed into a drama, for the German stage, called the Dog of Aubry, or the Wood of Bondy, which has been very profitable, being a very populai spectacle, and has exposed the German. theatre to the most lively ridicule.

AUBURN; a post-village of New York. and capital of the county of Cayuga, in the township of Aurelius, on the great western turnpike, at the northern end of Owasco lake, 170 miles W. of Albany

[blocks in formation]

Pop., in 1825, 2982. It is a pleasant and flourishing village, and contains an academy, a court-house, a state-prison large enough to receive 1000 prisoners, a county jail, a market-house, a Presbyterian theological seminary, and four houses of public worship. The theological seminary was incorporated in 1820, and has four professors-one of Christian theology, one of ecclesiastical history and church government, one of Biblical criticism, and one of sacred rhetoric. The number of students, in 1825, was 47. The building appropriated to the seminary is a large stone edifice, containing rooms for students, a chapel, and valuable library.

AUCKLAND, William Eden, lord; a statesman who had great influence in Pitt's ministry, and was employed in important embassies. He began his career, in 1778, as a mediator between the mother country and the insurgent colonies in North America. He was accompanied by lord Howe and sir Henry Clinton, G. Johnstone and lord Carlisle, upon this important embassy; but the result did not answer the expectations which had been formed from the talents of these distinguished men, and nothing was left for England but to acknowledge the independence of the colonies. Afterwards, as a member of parliament, he had a great influence in the reform of the penal laws, and, with Howard and Blackstone, in the organization of a new system of police, and a better mode of treating prisoners. He subsequently held the important post of secretary of state for Ireland, and, in 1785, was ambassador extraordinary to the French court, to negotiate a commercial treaty, which was concluded in 1786. During the first year of the French revolutionary war, he was ambassador extra ordinary to the states general of the Netherlands; and, in this capacity, he had the greatest influence on the measures which the crowd of events was constantly rendering more complicated. After his return, his conduct was subjected to an investigation by parliament, and was declared to be unexceptionable. He died in 1814.

AUCTION is a public sale, to the party offering the highest price, where the buyers bid upon each other; or to the bidder who first accepts the terms offered by the vender, where he sells by reducing his terms until some one accepts them. This rode of sale was in use among the Roinans, called sub hasta, from its being, in early times, a sale of the spoils. taken in war, under a spear erected as the signal

of the auction. The same signal was afterwards used in other sales, which were made under the superintendence of particular tribunals. This mode of selling is subject to particular regulations, by the laws of many communities, the object of which is to prevent frauds, or to levy a tax. In the time of lord Mansfield, a question was made in the case of Bexwell vs. Christie (Cowper's Reports, p. 395,) whether a sale by auction was fair, at which some one bid for the owner. The subject was treated as being, in some measure, a question of conscience, upon the supposition that the real bidders supposed themselves to be bidding only against other real bidders; and the purchaser at the sale, in that case, was held not to be bound by his bid, because there had been by-bids on behalf of the vender. But the decision, in that case, was subsequently overruled by lord Rosslyn, in the case of Conolly vs. Parsons (3 Vesey Jr.'s Reports, p. 625), and again by the master of the rolls in Bramley vs. Alt (3 Vesey Jr.'s Reports, p. 620), with one qualification, however, in this latter case, viz., that if none bid, except by-bidders or puffers, against one real bidder, to whom the article was struck off, he was not bound by the purchase. No similar decision has been made in the U. States, and there seems to be no reason for supposing that a sale by auction would be void on this account, unless it were a violation of the conditions upon which the auction was announced. It is evident that the fairness or unfairness of this proceeding must depend, in any case, very much upon a compliance with the understanding entertained, or the conditions laid down in respect to the sale; and, certainly, it is not universally understood that no bid will be made for the vender. In regard to a tax upon sales by auction, there does not appear to be any good ground for it in principle, and the same objections lie against this tax that are made to the Spanish alcavala (q. v.), or tax on private sales. The vender must pay the tax, and a man's selling goods is not, in general, a proof, nor the value of the goods a measure, of his ability to pay a tax. So far from this is the fact, that, in very many instances, the poverty or straitened circumstances of the vender are the cause of his putting up his property at auction. When these sales are taxed, therefore, the law makes many exceptions, with the intention of preventing the tax from falling upon persons who sell from necessity, rather than the expectation of making a profit.

[ocr errors]

AUCTION—AUDITOR.

Much discussion has been had upon the effect of sales by auction, in an economical point of view; as, whether they give a facility to the introduction of foreign manufactures, to the discouragement and depression of the domestic, with which they come into competition; and whether they have a favorable or unfavorable influence upon the course of production and consumption, considered as a part of the general system of business and economy, independently of their effect in respect to the introduction of foreign fabrics. or products. No general answer can be made to these questions, since it must, in each case, depend, in some degree, upon the manner in which the auctions are conducted. But, supposing them to be conducted with perfect fairness and honesty, it must then depend upon the condition of the industry of the community. The German fairs have an effect similar to that of auction sales. An extensive fair, or sale by auction, by showing, and, in effect, exaggerating the surplus or deficiency of articles, aggravates the stagnation in one case, and enhances the prices in the other. All such fluctuations tend to check and destroy the production that is carried on upon a small scale. Those who carry it on upon the largest scale, whether domestic or foreign, will drive out the smaller ones, since they will, as has been invariably proved, push on their business, in spite of the sacrifices which they may be obliged to make, and they gain an impetus which is not easily checked. Whether auctions are injurious or not, in either respect, will depend, therefore, upon the scale on which they are conducted, and the extent of different systems or processes of production, which are thus brought into competition. Where there is a competition, they undoubtedly tend to make it more close and direct, and if one of the rivals has any advantage at the time being, he is likely to destroy the other; or, if there be no other advantage on either side, the party willing and able to make the greatest sacrifices will eventually keep possession of the market.

AUDE, department of; a French department in the former province of Languedoc. (See Department.)

AUDEBERT, Jean Baptiste, united, in a high degree, the talents of an engraver with the knowledge of natural history. He was born at Rochefort in 1759, went, at the age of 18, to Paris, to learn drawing and painting, and made himself a skilful miniature painter. In 1789, he became

463

acquainted with Gigot d'Orcy, a great lover and promoter of natural history, who possessed a vast collection, the rarest specimens of which he employed A. to paint, and afterwards sent him to England and Holland, whence he brought back a number of designs, which have been used in Olivier's History of Insects. This occupation awakened in him a taste for natural history. He now undertook some works which laid the foundation of his fame. The first was, Histoire Naturelle des Singes, des Makis et des Galéopithéques (Paris, 1800, folio), in which lie shows himself an able draughtsman, engraver and writer. With regard to coloring, so essential in natural history, he brought it to a greater perfection than it had ever before attained. Not satisfied with laying different colors on the same plate, so as to produce a kind of painting, he went farther, and, instead of water-colors, used the more durable oil-colors. He carried his art to still greater perfection by using gold in his impressions, the color of which he changed in different ways, in order to imitate the splendor of his patterns. Natural history was greatly benefited by his work, the splendor of which was astonishing. His Histoire des Colibris, des OiseauxMouches, des Jacamars et des Promerops (Paris, 1802, folio), is esteemed the most complete work that has appeared in this department. Fifteen copies were struck off with golden letters. Scarcely was this work begun, when A. formed new plans, for the execution of which the longest life would hardly have been sufficient. He died in 1800, when he had scarcely begun the Histoire des Grimpereaux et des Oiseaux de Paradis. Both works were excellently finished by Desray, who was in possession of the materials, and the process for carrying on the work. A. rendered much assistance in the publication of Levaillant's African Birds. He conducted the impressions of the plates as far as the thirteenth number.

AUDIENCE is used to signify the ceremonies, practised in courts, at the admission of ambassadors and public ministers to a hearing. It is also the name of courts of justice or tribunals which were established by the Spaniards in America, and formed upon the model of the court of chancery in Spain.-It is also the name of one of the ecclesiastical courts in England, which is held wherever the archbishop calls up a cause to be argued before himself.

AUDITOR, in the language of the ancient law; an officer of the courts, whose duty

[ocr errors]
[blocks in formation]

In a

it was to interrogate the parties. narrower sense, an officer who overlooks accounts. The auditeur du châtelet, in France, was a member of that court of justice for the city of Paris. (See Chatelet.) This court decided in causes of small importance (where the amount in dispute did not exceed 50 francs.) In the 11 high offices of accounts (chambres des comptes) of France, the members were divided into conseillers-maîtres and conseillers-auditeurs, as the German colleges (departments of government) are into counsellors and assistants. A similar division in the courts of justice was introduced by Napoleon, viz., that of conseilleurs and juge-auditeurs, which distinction still exists. In England, this term is applied to those who examine accounts. The chief accountant's office is called office for auditing the public accounts. The members of the Spanish courts of justice are generally called oydores. This appellation also obtains among the papal officers. The 12 counsellors of the renowned rota Romana (q. v.) are called auditores sacri palatii apostolici, or auditores rota. In the papal college of finance, the camera apostolica, at the head of which is the cardinale camerlingo, there is an auditor camera, who exercises the power of the college in causes of minor importance.

AUERBACH, Henry; born in 1482, at a place of the same name in Bavaria; the builder of the Auerbach-court and cellar at Leipsic, mentioned in Göthe's Faust. His real name was Stromer, but, according to the fashion of his time, he took the name of the place where he was born. The building was erected in 1530, and tradition reports that, five years after, doctor Faust was seen riding out of it on a barrel of wine. This tale Göthe has made use of in his famous poem. The building was known also at the Leipsic fairs as one of the most frequented places for the exhibition of merchandise.

AUERSTEDT, battle at, Oct. 14, 1806. (See Jena.)

AUGEAN CODEX (Codex Augiensis); a Greek and Latin MS. of the Epistles of St. Paul, supposed by Michaelis to have been written in the ninth century, and so called from Augia Major, the name of a monastery at Rheinau, to which it be longed. After passing through several hands, it came, in 1718, to doctor Bentley, who purchased it for 250 Dutch florins, and it is now in the library of Trinity college, Cambridge. This MS. (noted F. in the second part of Wetstein's New Test.) is written in uncial letters, and without

accents; not continua serie, as is common with the more ancient copies, but with intervals between the words, and a dot at the end of each. The Greek text is written in capitals, the Latin in Anglo-Saxon letters; whence it is tolerably clear that it must have been written in the west of Europe, where that formation of the Latin letters, usually called Anglo-Saxon, was in general use between the 7th and 12th centuries. The manuscript is defective from the beginning to Romans iii. 8, and the Epistle to the Hebrews is only found in the Latin version.

AUGEAS, in fabulous history; a king of Elis, famed for his stable, which contained 3000 oxen, and had not been cleaned for 30 years. Hercules was desired to clear away the filth in one day, and A. promised, if he performed it, to give him a tenth part of the cattle. This task Hercules is said to have executed by turning the river Alpheus, or, as some say, the Peneus, through the stable, which immediately carried away the dung and filth. A. not only refused to perform his engagement, pretending that Hercules had used artifice, and experienced no labor or trouble, but banished his own son, Phyleus, from his kingdom, for supporting the claims of the hero. Upon this, a war commenced, and Hercules conquered Elis, put A. to death, and gave his kingdom to Phyleus. A. has been called the son of Sol, because Elis signifies the sun. After his death, he received the honors usually paid to heroes.

AUGER, Athanase, born at Paris, Dec. 12, 1734, a great linguist, was a clergyman, and professor of rhetoric in the college of St. Rouen. The bishop de Noé made him his chief vicar, and called him, in jest, his grand vicaire in partibus Atheniensium, on account of the zeal with which the abbé pursued the study of Grecian antiquities. Learning proved its worth in his character and life. He lived in a simple style in the midst of Paris, retired, and free from anxiety, or wish to attain a higher station. He divided a moderate income with his needy family. It was said of him that he had never spoken ill of any one, and no one had spoken ill of him. As a member of the academy of inscriptions, he remained true to his principles of honest candor, and was no less beloved than respected by the whole society. The breaking out of the revolution aroused the sympathies of a man who lived, by his daily studies, in Greece and Rome. He hoped for the abolition of crying ab ises, and for the

[ocr errors]

AUGER-AUGITE.

introduction of true freedom. This expectation appears in several of his writings. He died before the occurrence of any events which could have shaken his faith, Feb. 7, 1792. His writings, partly translations from the ancient languages, and partly political, were published from his papers, at Paris, in 30 vols. Among his political works, the most distinguished are Projet d'Education publique précédé de quelques Reflexions sur l'Assemblée Nationale, 1789; and De la Constitution des Romains sous les Rois et au Temps de la République, 1792, the product of 30 years' abor, which first appeared after his death, with the rest of his posthumous works.

AUGEREAU, Pierre François Charles, duke of Castiglione, marshal of France; son of a fruit merchant; born at Paris, 1757; served as a carabinier in the French army; went from thence into the Neapolitan service, established himself at Naples, in 1787, as a fencing-master, and was banished thence, in 1792, with the rest of his countrymen. He served, afterwards, as a volunteer in the army of Italy, in which his talents and courage soon gained him promotion. He distinguished himself, in 1794, as general of brigade in the army of the Pyrenees, and, in 1796, as general of division in the army of Italy. He took the pass of Millesimo; made himself master, April 16, of the intrenched camp of the Piedmontese at Ceva, after wards of that at Casale; threw himself on the bridge of Lodi, and carried it with the enemy's intrenchments. June 16, he passed the Po, and made prisoners the papal troops, together with the cardinal legate and the general's staff. Aug. 1, he came to the assistance of Masséna; maintained, during a whole day, a most obstinate struggle against a superior number of troops, and took the village of Castiglione, from which he derived his ducal title. Aug. 25, he passed over the Adige, and drove back the enemy as far as Roveredo. In the battle of Arcole, when the French columns wavered, A. seized a standard, rushed upon the enemy, and gained the victory. The directory bestowed this standard on him Jan. 27, 1797. Aug. 9, he was named commander of the 17th military division (division of Paris), in place of general Hatry. He was the instrument of the violent proceedings of the 18th of Fructidor, and was saluted, by the decimated legislative body, as the savior of his country. In 1799, he was chosen a member of the council of five hundred, and, therefore, resigned his command. He then obtained from the consul, Bon

465

aparte, the command of the army in Holland. He led the French and Batavian army on the Lower Rhine to the support of Moreau, passed the river at Frankfort, and fought with the imperial general, with various success, until the battle of Hohenlinden ended the campaign. In October of 1801, being superseded by general Victor, he remained without employment till 1803, when he was appointed to lead the army, collected at Bayonne, against Portugal. When this enterprise failed, he went back to Paris, and, May 19, 1804. was named marshal of the empire, and grand officer of the legion of honor. In July of this year, the king of Spain seu him the order of Charles III. At the end of 1805, he was at the head of a corps of the great army in Germany, formed of troops collected under his command at Brest. He contributed to the successes which birth to the peace gave of Presburg, and, in March 1806, had possession of Wetzlar and the country around, until, in the autumn of this year, a new war called him to Prussia. The wounds which he received in the battle of Eylau (q. v.) compelled him to return to France. Early in 1811, Napoleon gave him the command of a corps in the army of Spain. Afterwards he returned from thence, and remained without any employment until July, 1813, when he led the army in Bavaria against Saxony, where he took part in the battle of Leipsic. At the entrance of the allies into France, his duty was to cover Lyons. Louis XVIII named him a peer. After the fall of Napoleon, A. used reproachful language respecting him in a proclamation to his army. Napoleon, therefore, on his landing in 1815, declared him a traitor. A., however, expressed himself in his favor, but took no active part in the new order of things. After the return of the king, he took his place again in the chamber of peers, sat among Ney's judges, was for a while unoccupied, and died, June 11, 1816, at his estate La Houssaye, of the dropsy.

AUGIAS. (See Augeas.)

AUGITE (pyroxene); the name of a species in mineralogy, interesting on account of its wide distribution and the numerous varieties of form and color under which it appears. When crystallized, it assumes the form of short, slightly rhombic prisms, with their lateral edges replac ed, and terminated at one or both extrein ities by numerous planes; and, when massive, is generally capable of mechanical division, in lines parallel to the sides

« ПредыдущаяПродолжить »