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the lands as well as convey them absolutely; and if the attorney is to give deeds, whether he may give deeds with full covenants; or if he is to make a mortgage, whether he may give with it a power of sale; though it has been held in New York that such an authority is fairly implied in a power to mortgage, because there a power of sale is a usual and virtually essential incident of a good mortgage, but it is not or may not be so in all the states. The power conferred may be a mere naked authority to the attorney, in which case it is revocable at the will of the constituent, and necessarily expires with his death; or it may be coupled with an interest in the attorney, as the phrase is, and in that case the power cannot be revoked by the principal, nor does his death annul it. Thus a mere power to collect debts due the principal is such a naked and revocable power. But if by assignment or by virtue of an agreement with the principal, or in any other way, the attorney has an interest in the very debts themselves, the power is then coupled with an interest, and the attorney cannot be compelled by the constituent to surrender it. A mere recital in the instrument that it is irrevocable will not make it so, unless one or other of these conditions exist. All conditions in the power must be strictly observed; as for example, if the consent of third persons is required, it must be procured; and if the consent of several persons were required, the death of one of them would prevent the execution of the power, for the consent even of all the survivors is not the consent that the power calls for.-It is a general rule of law that an authority given to one person cannot be delegated by him to another; and accordingly, when it is desired to give an authority to the contrary to the attorney, it must be expressly set forth in the power. Such a power, commonly called a power of substitution and revocation, is usually inserted in powers of attorney. When an attorney having such a power has appointed another attorney in his stead, his death annuls the power of his substitute. The death of the principal cancels the power of the attorney at once. And his power is annulled upon an actual revocation by the principal when the revocation is communicated to him, and as to third persons when it is made known to them. In executing the power, the attorney should act in the name of his principal. For example, if he gives a deed, the deed should run in the name of the principal, and be signed first with his name, the attorney adding his name and authority afterward.

ATTRACTION. See ADHESION, COHESION, GRAVITY, and MAGNETISM.

ATTUCKS, Crispus, a mulatto, or half-Indian, resident of Framingham, Mass., one of the persons killed on the evening of March 5, 1770, in the affray known as the "Boston Massacre." John Adams, in his defence of the soldiers,

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accuses him of having been the principal leader of the attack on the British troops. His body was placed with that of Caldwell in Faneuil hall, and from that building it was borne with great ceremony by the people, and buried in the city burial ground, in one vault with the other victims of the riot.

ATTWOOD, Thomas, an English composer, born in 1767, died in 1838. At the age of 16 he attracted the favorable notice of the prince of Wales, who sent him to Italy to be educated. At Vienna he was the pupil of Mozart till 1786, when he returned to England. He wrote operas, songs, glees, trios, and in the latter part of his life sacred music. His works are marked by knowledge of orchestral effects, and are vigorously written.

ATYS, or Attys, in Greek mythology, a son of Nana, a nymph, according to some legends, by a Phrygian king. The traditions differ about the fate of Atys, the most current ones making him beloved by Cybele, who made him her priest on his taking a vow of perpetual chastity; this he broke, and was punished by the goddess with madness, in which he castrated himself and attempted suicide; but the goddess restored him to his senses, and allowed him to continue in her service, decreeing at the same time that all her priests thereafter should be eunuchs. A festival was annually celebrated in memory of Atys at Pessinus. The myth is supposed by many writers to typify, in the powerlessness, death, and subsequent revival of Atys, the death of nature in the winter, and its revival in the spring through the agency of superior power.

AUBAGNE, a town of France, in the department of Bouches-du-Rhône, 10 m. E. of Marseilles; pop. in 1866, 7,408. The town is known for its excellent red wines. Near it the abbé Barthélemy was born.

AUBAINE, Right of (low Lat. albanus, a corruption of alibi natus, foreign born). See ALIEN, vol. i., p. 313.

AUBE, a department of France, in Champagne, bounded by Marne, Haute-Marne, Côte d'Or, Yonne, and Seine-et-Marne; area, 2,145 sq. m.; pop. in 1872, 255,687. The surface is mostly level; the soil in the southeast is productive, but in the remaining portions it is poor. It is traversed by the Seine and its eastern affluent the Aube, which rises in the plateau of Langres in Haute-Marne. The department has manufactories of pottery, tiles, and glass. It is divided into the arrondissements of Troyes, Arcis-sur-Aube, Bar-sur-Aube, Bar-sur-Seine, and Nogent-sur-Seine. Capital, Troyes.

AUBENAS, a town of France, in the department of Ardèche, situated on the right bank of the Ardèche and at the foot of the Cévennes, 13 m. S. W. of Privas; pop. in 1866, 7,694. It has a college and a theological seminary, and is the centre of the wine and corn trade of the department.

AUBER, Daniel François Esprit, a French composer, born at Caen, Jan. 29, 1782, died in

Paris, May 13, 1871.

AUBIGNÉ, Théodore Agrippa d', a French Protestant soldier and historian, born at St. Maury, Feb. 8, 1550, died in Geneva, April 29, 1630. Even as a child his attachment to his religion attracted the attention of the Roman Catholics, and his refusal to abjure it caused him to be sentenced to death before he was 13 years of age. Aided by a friend, the boy escaped, and was present at the siege of Orleans. This ended, he went to pursue his studies at Geneva; but in 1567 he joined the Huguenot army under the prince of Condé, and served nearly two years with such bravery and ability as to secure the marked favor of the young Henry of Navarre, the future Henry IV. of France, whose service he subsequently entered, remain

His father, a printseller at Paris, in prosperous circumstances, allowed him to devote much attention to the study of music, merely as an amusement or an elegant accomplishment. After a brief experience in mercantile life in London, he returned to Paris, and devoted himself to music, giving forth a number of little compositions, vocal and instrumental, including a new arrangement of the opera Julie. After a course of study with Cherubini, he produced in 1813 the opera of Séjour militaire, which failed; and its reception so discouraged him that for several years he abandoned the art. The death of his father, however, compelled him seriously to devote himself to it as a means of support, and in 1819 he produced at the opéra comique Le testamenting with him through the war, and living at et les billets-dour, an opera in one act, which was likewise unsuccessful. Next he wrote La bergère châtelaine, which was produced in the same theatre in the early part of the year 1820, and completely turned the tables in his favor. From this time forward he produced a great number of works, almost all of which were well received, while some are among the most successful operas now represented on the stage. An imitator of Rossini at the outset, he gradually acquired greater independence of style, and in La muette de Portici (also known as Masaniello) he formed a style of his own. In addition to the works mentioned, Le cheval de bronze, Fra Diavolo, Le domino noir, Les diamants de la couronne, L'élixir d'amour, Le dieu et la bayadère, Gustare, La sirène, and Haydée are among his most popular operas. Many of them have been translated into English and German, and almost all into Italian, and their melodies are familiar wherever music is known. Marco Spada was produced when he was 71 years of age; La Circassienne when he was 79; La fiancée du roi de Garbe when he was 82; and his last work, Le premier jour de bonheur, at the age of 86. The successful production of this opera in February, 1868, was made the occasion of enthusiastic demonstrations of the old maestro's popularity. He wrote a march for the opening of the world's exhibition in London in 1862. He was elected to the French institute in 1829, became a chevalier of the legion of honor in 1825 and grand officer in 1861, and succeeded Cherubini as director of the conservatory in 1842. The characteristics of Auber's music are sprightliness and grace, with clearness and simplicity in dramatic effect.

AUBERT, Constance. See ABRANTÈS. AUBERVILLIERS, a village of France, in the department of the Seine, 1 m. N. of the enceinte of Paris; pop. in 1866, 9,240. E. of it is a fort of the same name, built in 1842. The village church formerly possessed a picture of the Virgin which was believed to be miraculous, and on that account was called Notre Dame des Vertus.

AUBIGNÉ, J. H. Merle d'. See MERLE D'AUPIGNÉ.

court after the peace. But he quarrelled with the king, his blunt candor and rude sarcasm constantly giving offence, and several times left or was compelled to leave Henry's service, though the king trusted him, and at one time bestowed offices of some honor upon him. He produced during his residence at court Circé, a tragedy, abounding in sarcasm directed against the king and various members of the royal family. After the king's death he published his first three volumes of the history of his time (from 1556 to 1601). The third volume was seized and burned by order of parliament, and he fled to Geneva, thus escaping the sentence of death that was soon pronounced against him. While under this condemnation, he offered his hand to a Genevese lady of the name of Burlamaqui, who did not hesitate to accept him as husband after he had revealed his dangerous position with his wonted candor. By a former marriage he had one son, Constantine, who became the father of the celebrated Madame de Maintenon. D'Aubigné was buried in the church of St. René at Geneva. Besides those already mentioned, he wrote many less noteworthy works.

AUBIN, a town of France, in the department of Aveyron, 16 m. N. E. of Villefranche; pop. in 1866, 8,863. It is the centre of a rich coal region, which has of late been yielding about 5,000,000 quintals of coal annually. The neighboring village of Le Gua has five furnaces for the smelting of iron.

AUBLET, Jean Baptiste Christophe Fusée, a French botanist, born at Salon, in Provence, in 1720, died in Paris in 1778. He is celebrated for his botanical labors in Mauritius and in French Guiana. His herbarium was purchased by Sir Joseph Banks, and is now in the possession of the British museum.

AUBURN, a city and the county seat of Cayuga county, N. Y., 174 m. by rail W. of Albany, and 2 m. N. of Owasco lake, the outlet of which intersects the town; pop. in 1860, 10,986; in 1870, 17,225. It stands on high, uneven ground, and is handsomely built, with wide streets planted with shade trees. It has 16 churches, of which 3 are Methodist, 4 Presbyterian, 3 Roman Catholic, 2 Episcopal, 2 Baptist, 1 Dis

ciples', and 1 Universalist; and it is the seat of a Presbyterian theological seminary founded in 1821. To this has been recently added a large building for a library, the gift of William E. Dodge of New York and E. B. Morgan of Aurora. Auburn also has an orphan asylum, a home for the friendless, a young men's Christian association with reading-rooms, one high school, six district schools, and a young ladies' institute, eight banks, several hotels, and two opera houses. Two daily newspapers, four weeklies, and one monthly are published here. Water works on the Holley plan supply the city. The Auburn state prison, founded in 1816, is conducted on the "silent system." It is a fine massive structure of limestone, covering, with its cells, yards, and workshops, 12 acres. The prison buildings are arranged in the form of a hollow square, standing at a distance from the outer wall, which surrounds them. This wall, which is 3,000 ft. long, 4 ft. thick, and 12 to 35 ft. high, is manned night

Auburn State Prison.

and day by guards. The prison has usually over 1,000 convicts (in 1872, 1,100), who are employed in a variety of manufactures, the proceeds of which are generally sufficient to defray the expenses of the institution. Each convict on arrival is assigned to work at the trade with which he is familiar, or, if ignorant of any, is taught one. Among the principal of these are the hame shop, tailors', shoemakers', cloth and carpet weaving, cabinet, sash and blind, cooper, stone-cutters', tool, axletree, smith, and machine shops. The convicts make such articles as they use, and build such structures as they occupy. They sleep in separate cells, but at meals and in the shops are together. No communication by word or sign is allowed. In an adjoining enclosure of nine acres is the state asylum for insane criminals, founded in 1857. It has usually 80 to 100 inmates. The Owasco lake supplies one of the best water powers in the state, which is utilized by nine

dams, the river falling within the city limits 160 ft. There are upward of 20 factories and mills, the chief of which are those of cotton and woollen fabrics, carpets, agricultural implements (many of which are exported to Europe), machine shops and tool factories, flouring mills, and breweries. These manufactories employ a capital of from $4,000,000 to $5,000,000. Valuable limestone quarries are worked within the city limits. One of the two branches of the New York Central railroad runs through Auburn. The Southern Central railroad also passes through it, connecting it with Lake Ontario and the Pennsylvania coal mines. Auburn, formerly called Hardenburgh's Corners, was first settled by Capt. John L. Hardenburgh in 1793. At a short distance from the court house stands an elevation called Fort Hill, in the forest on the summit of which were found the ruins of an ancient Indian fortification and relics of its former occupants, such as arrow-heads, tomahawks, and pottery. It is

now the site of a cemetery, prominent among whose monuments is one to the memory of Logan, the Cayuga chief.

AUBUSSON, a town of central France, capital of an arrondissement of the department of Creuse, built in a picturesque gorge near the river Creuse, 20 m. S. E. of Guéret; pop. in 1866, 6,625. It is celebrated for its manufacture of carpets, which employs the majority of the inhabitants. Woollen and cotton goods are also made, and there are dye houses, tan yards, and factories of various kinds. The town was founded in the 8th century, and was subject to a feudal lord, the ruins of whose castle are still visible.

AUBUSSON, Pierre d', grand master of the hospitallers, or knights of St. John of Jerusalem, born at Lamarche, France, in 1423, died in 1503. He is said to have first served in the Hungarian armies against the Turks. In 1444 he accompanied the dauphin, afterward Louis XI., in his campaign against the Swiss. He next repaired to the island of Rhodes, where he was admitted as a knight of St. John. He soon became a prominent member of the order, and on the death of the grand master Des Ursins he was unanimously elected his successor. When Mohammed II. threatened Italy, D'Aubusson had Rhodes strongly fortified, at the same time forming an alliance with the bey of Tunis and sultan of Egypt. Mohammed sent against Rhodes a fleet of 160 sail, carrying an army of 100,000 men, under the command of the apostate Misach Palæologus (Messih Pasha). The Turks invested the town of Rhodes at the end of May, 1480. D'Aubusson, who made an admirable defence, was so se

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verely wounded that his life was despaired of; but he compelled the Turks to raise the siege after two months. He now became active in the intrigues that troubled the court of Constantinople. He received at Rhodes Zizim or Jem, the brother of Sultan Bajazet, who became in his hands a powerful instrument of influence on the Turkish court. Zizim was first transferred to France, then delivered to Pope Innocent VIII., who rewarded D'Aubusson with the title of cardinal and the office of legate of the holy see in Asia. But the failure of a plan he had long cherished for the union of Europe against the Turks, together with other disappointments, caused him to retire from affairs, and his last years were spent in Rhodes. AUCH, an old city in southern France, capital of the department of Gers, on the river Gers, 41 m. W. of Toulouse; pop. in 1866, 12,500. Its upper part is situated on a high hill crowned by an old Gothic cathedral, and connected with the lower by a long bridge of stairs. Auch is the seat of an archbishopric, a tribunal of commerce, and a college. It has manufactures of thread and cotton stuffs, and carries on a considerable trade, particularly in the brandies of Armagnac.

AUCHMUTY. I. Robert, an American lawyer, born probably in England, died in Boston in April, 1750. He was of Scotch descent, settled at Boston early in the 18th century, attained a high position in his profession, and was appointed judge of the court of admiralty in 1733. In 1741 he was in England as agent for the colony, and published there a pamphlet entitled "The Importance of Cape Breton to the British Nation, and a Plan for Taking the Place." II. Robert, son of the preceding, died in London in 1788. He was distinguished as an advocate and jury lawyer at Boston, and in 1767 was appointed judge of the court of admiralty, which office he exercised as long as the royal authority was recognized; but in 1776, being a zealous tory, he went to England. He was associated with John Adams in the defence of Capt. Preston. III. Samuel, an American clergyman, brother of the preceding, born in Boston, Jan. 26, 1722, died in New York, March 6, 1777. He graduated at Harvard college in 1742, and went to England to study for holy orders. After his ordination he was appointed by the society for the propagation of the gospel an assistant minister of Trinity church, New York, and in 1764 succeeded to the charge of all the churches in the city. When the American troops took possession of New York in 1775, he was forbidden by Lord Stirling to read the prayer for the king; but he persisted in doing so, although his church was entered by a company of soldiers with drums beating and with the threat of pulling him out of the pulpit. He then shut up the church and chapels and took the keys with him to New Jersey, leaving orders that the churches should not be opened until the liturgy could be read without interruption. New

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York being again in the British possession, he attempted to return, and succeeded after great hardships only to find his church and parsonage burnt, and his papers and the records of the church destroyed. The next Sunday he preached for the last time in St. Paul's. The various trials he had undergone brought on an illness which carried him off in a few days. IV. Sir Samuel, a British general, son of the preceding, born in New York, June 22, 1758, died in Dublin, Aug. 11, 1822. He graduated at Columbia college in 1775, and the next year entered the army under Sir William Howe, and took part in three campaigns. From 1783 to 1796 he served in India, and was at the siege of Seringapatam in command of a company under Lord Cornwallis. He was adjutant general in the expedition to Egypt in 1800. In 1806 he took command of the troops ordered to South America, with the rank of brigadier general, and in 1807 carried the strongly fortified city of Montevideo by assault. On his return he was made lieutenant general. In 1810 he was commander-in-chief in the Carnatic, and in 1811 took possession of the Dutch colonies of Java and Sumatra. On his return to Europe in 1813 he was appointed commander of the forces in Ireland.

AUCKLAND. I. William Eden, baron, a British diplomatist, born about 1750, died in 1814. In 1778 he was employed with Lord Carlisle in the attempt at a settlement of the rupture between the British government and the American colonies. He entered parliament, was secretary of Ireland, and was sent to the court of Louis XVI., where he negotiated a commercial treaty. On the breaking out of the revolution of 1789 he was sent to the Netherlands as envoy extraordinary; and for the manner in which he discharged his duties there he was called to an account by the house of commons on his return. He was created a baron in the Irish peerage in 1789, and also in the British peerage in 1793. He wrote "Principles of the Penal Laws" (1771), and various pamphlets, including one on the "State of the Poor in England." II. George Eden, earl of, son of the preceding, born in August, 1784, died Jan. 1, 1849. He was president of the board of trade under Earl Grey in 1830, and first lord of the admiralty under Lord Melbourne in 1834. The next year he went to India as governor general. During his administration of this office the opium war with China broke out, and the disastrous expedition against Afghanistan took place. Lord Auckland's chief personal action was exercised upon a system of native free schools, and an improved administration of justice. In 1841 he was succeeded by Lord Ellenborough, and on his return was created earl of Auckland and Baron Eden.

AUCKLAND. I. A province of New Zealand, occupying the north and centre of North island; area, about 30,000 sq. m.; pop. in 1871, 62,335, besides 16,000 Maoris. II. A city, capital of the preceding province and formerly of

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New Zealand, on the S. shore of Waitemafa har-pany of the Messrs. Enderby, to whom the bor, in lat. 36° 51' S., lon. 174° 45' E.; pop. in islands were granted by the British government, 1871, 12,937; with suburbs, 18,000, chiefly Eng- and who obtained a charter for this company lish, Irish, Scotch, and Germans. The town was in 1849; but the establishment was broken up founded in 1840, and became a borough in 1851. in 1852. The most northerly of the group are It includes an area of 16 by 7 m., is surrounded called Enderby islets. The island of Ichaboe by four villages for pensioned soldiers, and di- contains guano deposits. The soil of the Auckvided into 14 wards, 11 of which are outside land islands is very productive. of the town. The streets are well laid out. There are several churches, including an English cathedral. St. John's college is 4 m. from the town. The number of registered vessels is upward of 100. Gold was first discovered near Auckland in 1852, but the mines are not as productive as those in other parts of New Zealand. Coal fields and petroleum were found in 1859 and 1867. The chief exports are gold, wool, and gum; the imports are manufactured goods, tea, tobacco, sugar, wine, spirits, and beer. Emigration to Auckland is checked by the insurrection of the Maoris, who in November, 1871, committed several murders in the province, including that of Bishop Patterson. The seat of the colonial government has within a few years been removed to Wellington.

AUCKLAND ISLANDS, a group lying between lat. 50° 24′ and 51° 4' S., and lon. 163° 46' and 164° 3' E., 180 m. S. of New Zealand, and 900 m. S. E. of Tasmania. They were discovered Aug. 16, 1806, by Abraham Briscoe, master of Messrs. Enderby's English whaler Ocean, and called after Lord Auckland. They are of volcanic formation, and consist of three principal islands, the largest of which is Auckland proper, 30 m. long and 15 m. wide, with an area of 100,000 acres and a mountain 1,350 feet high. Port Ross, at the W. extremity of the island, contains an inlet called Laurie harbor, the station of the southern whale-fishing com

AUCTION (Lat. auctio, the act of increasing), a public sale, whereat persons openly compete, the property being sold to him who will give the most for it. In Holland, and at what are called Dutch auctions elsewhere, this process is reversed, the seller naming a price beyond the value of his goods, which is gradually lowered until some one closes with the offer. Rome, so far as is known, invented the auction, which was at first held for the sale of military spoils among the soldiers behind a spear stuck in the ground, whence it was called auctio sub hasta (under the spear), or subhastatio. The signal of the spear was afterward put up at all sorts of auctions, and the name was retained long after the signal was disused. After the death of Pertinax, A. D. 193, the prætorian guards put up the Roman empire at auction, which, after a number of bids by Sulpician and Didius Julianus, the sole competitors, was knocked down to the latter for 6,250 drachms (about $1,000) to each soldier.-In England sales "by the candle" or "by the inch of candle," which are still occasionally advertised, derive their name from an ancient practice of measuring the time within which the biddings must be completed by a candle, the highest bidder at the moment the inch burns out becoming the purchaser. The minimum price at which the owner was willing to part with his property was sometimes put under a candlestick-"can

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