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# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Sonnet XXXIV

SONNET XXXIV.
TO A FRIEND.
CHARM'D by thy suffrage, shall I yet aspire  (All inauspicious as my fate appears,  By troubles darken'd, that increase with years,) To guide the crayon, or to touch the lyre? Ah me!——the sister Muses still require  A spirit free from all intrusive fears,  Nor will they deign to wipe away the tears Of vain regret, that dim their sacred fire. But when thy envied sanction crowns my lays,  A ray of pleasure lights my languid mind, For well I know the value of thy praise;  And to how few the flattering meed confin'd,  That thou,—their highly favour'd brows to bind, Wilt weave green myrtle and unfading bays!
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Sonnet XXXV

SONNET XXXV.
TO FORTITUDE.
NYMPH of the rock! whose dauntless spirit braves  The beating storm, and bitter winds that howl Round thy cold breast; and hear'st the bursting waves  And the deep thunder with unshaken soul; Oh come!—and show how vain the cares that press  On my weak bosom—and how little worth Is the false fleeting meteor, Happiness,  That still misleads the wanderers of the earth! Strengthen'd by thee, this heart shall cease to melt  O'er ills that poor Humanity must bear; Nor friends estranged, or ties dissolved be felt  To leave regret, and fruitless anguish there: And when at length it heaves its latest sigh, Thou and mild Hope shall teach me how to die!
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Sonnet XXXVI

* Plate 4Sonnet 36
* Corbould del.Neagle sculp.
* Published as the Act directs by T. Cadell, Strand Jan$^y$1.1789
* Her pencil sickening fancy throws away
* And weary hope reclines upon the tomb.
SONNET XXXVI.
SHOULD the lone wanderer, fainting on his way,  Rest for a moment of the sultry hours, And tho' his path thro' thorns and roughness lay,  Pluck the wild rose, or woodbine's gadding flowers, Weaving gay wreaths beneath some sheltering tree,  The sense of sorrow he awhile may lose; So have I sought thy flowers, fair Poesy!  So charm'd my way with Friendship and the Muse. But darker now grows life's unhappy day,  Dark with new clouds of evil yet to come, Her pencil sickening Fancy throws away,  And weary Hope reclines upon the tomb; And points my wishes to that tranquil shore, Where the pale spectre Care pursues no more.
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Sonnet XXXVII

SONNET XXXVII.
SENT TO THE HONORABLE MRS. O'NEILL, WITH PAINTED FLOWERS.
The poet's fancy takes from Flora's realm  Her buds and leaves to dress fictitious powers, With the green olive shades Minerva's helm,  And give to Beauty's Queen the Queen of flowers. But what gay blossoms of luxuriant Spring,  With rose, mimosa, amaranth entwin'd, Shall fabled Sylphs and fairy people bring,  As a just emblem of the lovely mind? In vain the mimic pencil tries to blend  The glowing dyes that dress the flowery race,  Scented and colour'd by a hand divine! Ah! not less vainly would the Muse pretend  On her weak lyre, to sing the native grace  And native goodness of a soul like thine!
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Thirty-eight

THIRTY-EIGHT.
ADDRESSED TO MRS. H———Y.
IN early youth's unclouded scene, The brilliant morning of eighteen, With health and sprightly joy elate  We gazed on life's enchanting spring,  Nor thought how quickly time would bring The mournful period—Thirty-eight.
Then the starch maid, or matron sage, Already at the sober age, We view'd with mingled scorn and hate;  In whose sharp words, or sharper face,  With thoughtless mirth we loved to trace The sad effects of—Thirty-eight.
Till saddening, sickening at the view We learn'd to dread what Time might do; And then preferr'd a prayer to Fate  To end our days ere that arrived;  When (power and pleasure long survived) We met neglect and—Thirty-eight.
But Time, in spite of wishes, flies, And Fate our simple prayer denies, And bids us Death's own hour await:  The auburn locks are mix'd with grey,  The transient roses fade away, But Reason comes at—Thirty-eight.
Her voice the anguish contradicts That dying vanity inflicts; Her hand new pleasures can create,  For us she opens to the view  Prospects less bright—but far more true, And bids us smile at—Thirty-eight.
No more shall Scandal's breath destroy The social converse we enjoy With bard or critic tête à tête;—  O'er Youth's bright blooms her blights shall pour,  But spare the improving friendly hour That Science gives to—Thirty-eight.
Stripp'd of their gaudy hues by Truth, We view the glitt'ring toys of youth, And blush to think how poor the bait  For which to public scenes we ran,  And scorn'd of sober Sense the plan, Which gives content at—Thirty-eight.
Tho' Time's inexorable sway Has torn the myrtle bands away, For other wreaths 'tis not too late,  The amaranth's purple glow survives,  And still Minerva's olive lives On the calm brow of—Thirty-eight.
With eye more steady we engage To contemplate approaching age, And life more justly estimate;  With firmer souls, and stronger powers,  With reason, faith, and friendship ours,  We'll not regret the stealing hours That lead from Thirty—even to Forty-eight.
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Verses

VERSES.
INTENDED TO HAVE BEEN PREFIXED TO THE NOVEL OF EMMELINE, BUT THEN SUPPRESSED.
O'ERWHELM'D with sorrow, and sustaining long "The proud man's contumely, th' oppressor's wrong," Languid despondency, and vain regret, Must my exhausted spirit struggle yet? Yes!—Robb'd myself of all that fortune gave, Even of all hope—but shelter in the grave, Still shall the plaintive lyre essay its powers To dress the cave of Care with Fancy's flowers, Maternal Love the fiend Despair withstand, Still animate the heart and guide the hand. —May you, dear objects of my anxious care, Escape the evils I was born to bear! Round my devoted head while tempests roll, Yet there, where I have treasured up my soul,
May the soft rays of dawning hope impart Reviving patience to my fainting heart;— And when its sharp solicitudes shall cease, May I be conscious in the realms of peace That every tear which swells my children's eyes, From sorrows past, not present ills arise, Then, with some friend who loves to share your pain, For 'tis my boast that some such friends remain, By filial grief, and fond remembrance prest, You'll seek the spot where all my sorrows rest; Recall my hapless days in sad review, The long calamities I bore for you, And—with an happier fate—resolve to prove How well you merited—your mother's love.
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/Sonnet XXXIX

SONNET XXXIX.
TO NIGHT.
FROM THE SAME.
I LOVE thee, mournful, sober-suited Night!  When the faint moon, yet lingering in her wane, And veil'd in clouds, with pale uncertain light  Hangs o'er the waters of the restless main. In deep depression sunk, the enfeebled mind  Will to the deaf cold elements complain,  And tell the embosom'd grief, however vain, To sullen surges and the viewless wind. Tho' no repose on thy dark breast I find,  I still enjoy thee—cheerless as thou art;  For in thy quiet gloom the exhausted heart Is calm, tho' wretched; hopeless, yet resign'd. While to the winds and waves its sorrows given,
May reach—tho' lost on earth—the ear of Heaven!
# Elegiac Sonnets, and Other Poems, Volume 1, The Ninth Edition/The Peasant of the Alps

THE
PEASANT OF THE ALPS.
FROM THE NOVEL OF CELESTINA.
WHERE cliffs arise by winter crown'd,  And thro' dark groves of pine around, Down the deep chasms the snow-fed torrents foam, Within some hollow, shelter'd from the storms, The Peasant of the Alps his cottage forms, And builds his humble, happy home.
 Unenvied is the rich domain,  That far beneath him on the plain Waves its wide harvests and its olive groves; More dear to him his hut with plantain thatch'd, Where long his unambitious heart attach'd, Finds all he wishes, all he loves.
There dwells the mistress of his heart,  And Love, who teaches every art, Has bid him dress the spot with fondest care; When borrowing from the vale its fertile soil, He climbs the precipice with patient toil,
To plant her favourite flowrets there.
 With native shrubs, a hardy race,  There the green myrtle finds a place, And roses there the dewy leaves decline; While from the crags abrupt, and tangled steeps, With bloom and fruit the Alpine-berry peeps, And, blushing, mingles with the vine.
 His garden's simple produce stored,  Prepared for him by hands adored, Is all the little luxury he knows: And by the same dear hands are softly spread, The chamois' velvet spoil that forms the bed, Where in her arms he finds repose.
But absent from the calm abode,  Dark thunder gathers round his road; Wild raves the wind, the arrowy lightnings flash, Returning quick the murmuring rocks among, His faint heart trembling as he winds along; Alarm'd—he listens to the crash
 Of rifted ice!—Oh, man of woe!  O'er his dear cot—a mass of snow, By the storm sever'd from the cliff above, Has fallen—and buried in its marble breast, All that for him—lost wretch!—the world possest, His home, his happiness, his love!
 Aghast the heart-struck mourner stands,  Glazed are his eyes—convulsed his hands, O'erwhelming anguish checks his labouring breath; Crush'd by despair's intolerable weight, Frantic he seeks the mountain's giddiest height, And headlong seeks relief in death!
A fate too similar is mine,  But I—in lingering pain repine, And still my lost felicity deplore! Cold, cold to me is that dear breast become Where this poor heart had fondly fix'd its home, And love and happiness are mine no more!
# Elder v. Colorado

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
204 U.S. 85
Elder v. Colorado
Argued: December 13, 14, 1906. --- Decided: January 7, 1907
This was a proceeding, in the nature of quo warranto, brought in a district (state) court of Colorado, to test, as between conflicting claimants (Charles W. Badgley and Charles S. Elder), the title to the office of county treasurer of the city and county of Denver. The relator (Badgley) relied upon a general election held pursuant to the general statutes of Colorado on November 8, 1904, while the defendant (Elder) claimed to be the legal incumbent of the office by virtue of his election to the office of treasurer of the city and county of Denver in May, 1904, under authority of the charter of said city and county of Denver. The question presented for decision was whether the election held in May, 1904, under the charter, of officers to perform the duties required of county officers in the city and county of Denver, was lawful, or whether such officers should have been voted for under the general statutes of the state at the election held in November, 1904. A determination of this question made necessary a consideration of certain provisions of article 20 of the state Constitution, providing for the creation, from the old county of Arapahoe and the old city of Denver and other municipalities, of a new entity to be known as the city and county of Denver, and conferring authority to provide in the charter for the appointment or election of officers of such city and county. In particular, a construction was required of a clause providing that 'every charter shall designate the officers who shall respectively perform the acts and duties required of county officers to be done by the Constitution or the general laws, as far as applicable.' The district court sustained a demurrer to the complaint and entered judgment for the defendant. This judgment was reversed by the supreme court of the state, upon the authority of People ex rel. Miller v. Johnson (86 Pac. 233) and judgment was entered in that court in favor of the relator (86 Pac. 250), deciding in effect that the charter provision under which defendant claimed was repugnant to the Constitution of Colorado. The case was then brought here.
Messrs. Charles R. Brock, Robert H. Elder, and Milton Smith for plaintiff in error.
Mr. Henry J. Hersey for defendants in error.
Statement by Mr. Justice White:
Mr. Justice White, after making the foregoing statement, delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# El Sartorio

* related portals: Pornographic film, Silent film.
* sister projects: Wikipedia article, Commons category, Wikidata item.
El Sartorio (translates to The Sartorius in English) is one of the earliest surviving pornographic films. It was supposedly produced in Argentina in 1907, and includes possibly the first use of extreme close-ups of genitalia. This is a version with English intertitles released in the United States.
Ah! girls look at that horrible thing.
It's the Devil!!
The Queen faints and the Devil gets her.
This work was published in 1907 and is anonymous or pseudonymous due to unknown authorship. It is in the public domain in the United States as well as countries and areas where the copyright terms of anonymous or pseudonymous works are 116 years or less since publication.
Public domainPublic domainfalsefalse
# Elastic Fabrics Company v. Smith

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
100 U.S. 110
Elastic Fabrics Company v. Smith
APPEAL from the Circuit Court of the United States for the District of Massachusetts.
This is a bill in equity, filed Nov. 19, 1868, by William Smith against the Glendale Elastic Fabrics Company, wherein he alleges that he is the original and first inventor of certain new and useful improvements in corded and elastic fabrics, for which letters-patent of the United States No. 9653, dated April 5, 1853, were, in due form, issued to him; that the letters, after they were extended, March 28, 1867, for seven years, were finally reissued in three parts,-reissue No. 2848, Jan. 14, 1868, division A, for improvements in weaving; reissue 3014, June 30, 1868, division B, for improvements in woven fabrics; and reissue No. 2844, Jan. 14, 1868, division C, for improvements in looms for weaving; that the company has infringed the rights secured to him by divisions A and C. He therefore prays for an injunction and an account.
The company denies the allegations of the bill as to novelty and infringement, and claims that the reissues were illegal.
Smith, Jan. 22, 1870, filed in the Patent Office a disclaimer alleging that the specifications and claims of division B are too broad, and include that whereof he is not the inventor.
The court below, on the cause being set down for hearing, adjudged that the letters as reissued in division A and division C were valid; that Smith was the original and first inventor of the improvements therein described; that he recover of the company the profits received or made by it from the use, manufacture, or sale of the patented improvement; that a master take and report an account of such profits; and that an injunction be awarded.
The master reported that the company had made no profits, and the court, Jan. 27, 1876, passed a decree against the company for costs of suit. The company thereupon appealed.
Mr. Benjamin Dean for the appellant.
Mr. R. P. Lowe for the appellee.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Elcox v. Hill/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
98 U.S. 218
Elcox v. Hill
There can be but little doubt that the goods of the plaintiffs were stolen from them while one of them was at the hotel of the defendant, in the city of Chicago. They insist thereupon that their loss shall be made good; but it does not follow, because they met with a loss, that they can recover the amount from him.
The defendant contends that he is exempt from liability for money, jewels, and the like, unless his guest who lost them complied with the statute of Illinois on that subject. Where a safe for the keeping of such articles is provided by the hotelkeeper, and the notice given as required by the statute, a loser failing to take the benefit of the protection thus furnished him must bear his own loss. Hyatt v. Taylor, 42 N. Y. 258; Stewart v. Parsons, 24 Wis. 241.
To this rule the statute makes one exception. If the loss occurs 'by the hand or through the negligence of the landlord, or by a clerk or servant employed by him in such hotel or inn,' the liability remains. The judge submitted that question to the jury, who found against the plaintiffs.
It is settled by the authorities that where the loss is occasioned by the personal negligence of the guest himself, the liability of the innkeeper does not exist. Purvis v. Coleman & Stetson, 21 N. Y. 111; Cook v. The Champlain Transportation Co., 1 Den. (N. Y.) 91.
The question of personal negligence was properly submitted to the jury, and was also found against the plaintiffs.
The court refused to receive evidence that William Drum had admitted that he had stolen the jewelry in question. If he was guilty of the offence, the fact should have been established by due proof. If he were on trial himself, his admission would be competent, but upon no principle could he admit away the rights of another person.
Judgment affirmed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Elchuk v. United States

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
370 U.S. 722
Daniel ELCHUK v. UNITED STATES.
Daniel Elchuk, pro se.
Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg, for the United States.
On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.
PER CURIAM.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Elchuk v. United States/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
370 U.S. 722
Daniel ELCHUK v. UNITED STATES.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon the suggestion of the Solicitor General and an examination of the entire record, the judgment of the United States Court of Appeals for the Fifth Circuit is vacated and the case is remanded to that court for further proceedings in which the petitioner is to be accorded the opportunity to present oral argument on the merits of his appeal, either personally or through counsel, to the same extent as such opportunity is accorded to the United States Attorney.
Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Elam v. Neilson

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
27 U.S. 253
Elam v. Neilson

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Elastic Fabrics Company v. Smith/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
100 U.S. 110
Elastic Fabrics Company v. Smith
For all practical purposes, except costs, the appellant was successful in the court below. While the validity of the appellee's patent was sustained, it was a fruitless victory to him, because the patent expired before the determination of the suit, and the court found that he was not entitled to recover from the appellant either profits or damages. As the decree stands, it sustains an expired patent, and does no more. When it was rendered against him, the appellant was left at liberty to use the patented machine in any way he chose, and he has not been required to pay any thing for the use he made of it while the patent was in force. The appeal, therefore, presents only a moot case except as to costs.
We think the disclaimer as to the reissued patent, division B, had no effect on the costs in this case, because the question presented for decision was whether, notwithstanding that disclaimer, the other divisions of the reissue should be sustained. The statute as to costs after a disclaimer (Rev. Stat., sect. 4922), therefore, has no application to this suit, and the appeal is practically reduced to the single question whether, if the decree below should be reversed, the appellee ought to have his costs in that court, and, if so, how much. No appeal lies from a mere decree respecting costs and expenses. Canter v. The American and Ocean Insurance Companies, 3 Pet. 307. As this case comes within the reason of that rule, we affirm the decree below without examining the merits.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Edinburgh Review/Volume 7
## Volume 7, Number 13 (October, 1805)

| Art. I. | Madoc, a Poem: in Two Parts. By Robert Southey. |
| II. | A Tour in America in 1798, 1799, and 1800: Exhibiting Sketches of Society and Manners, and a particular Account of the American System of Agriculture, with its recent Improvements. By Richard Parkinson. |
| III. | Medical Reports on the Effects of Water, Cold and Warm, as a Remedy in Fever and other Diseases, whether applied to the Surface of the Body, or used internally. By James Currie, M.D. |
| IV. | An Experimental Inquiry into the Nature and Propagation of Heat. By John Leslie. |
| V. | Hints towards Forming the Character of a Young Princess. |
| VI. | Flore du Nord de la France: ou Descriptions des Plantes Indigènes, et de celles cultivèes dans les Départemens de la Lys, de l'Escaut, de la Dyle, et des Deux-Nèthes, y compris les Plantes qui naissent dans les Pays Limitrophes de ces Départemens, &c. By F. Roucel. |
| VII. | A Short Statement of Facts relative to the late Election of a Mathematical Professor in the University of Edinburgh, &c. By Professor Dugald Stewart. |
| VIII. | L'Eneide: Traduite par Jaques de Lille. And Virgile à Jacques de Lille: ou Dialogue des M(???) la Traduction des Six Premiers Livres de P(???). By M. Quenneville. |
| IX. | A Short Account of the Cause of the Disease in Corn, called by Farmers the Blight, the Mildew, and the Rust. By Sir Joseph Banks. |
| X. | Memoirs of C.M. Talleyrand de Perigord, &c. By the Author of the Revolutionary Plutarch. |
| XI. | Travels to the Westward of the Allegany Mountains, in the States of Ohio, Kentucky, and Tenessee [sic]. By F.A. Michaux, M.D. |
| XII. | Academical Questions. By W. Drummond. |
| XIII. | Observations on the Present State of the Highlands of Scotland; with a View of the Causes and probable Consequences of Emigration. By the Earl of Selkirk. |
| XIV. | The Works of Edmund Spenser, with the principal Illustrations of Various Commentators. To which are added, Notes, &c. By John Tod, M.A. |
| XV. | Mes Souvenirs de Vingt Ans de Sejour à Berlin; ou, Frederick le Grand, sa Famille, sa Cour, &c. By Dieudonné Phiebault. |
| XVI. | The Horrors of the Negro Slavery existing in our West India Islands, demonstrated from Official Documents recently presented to the House of Commons. |