OpenLLM-France/wikimedia huggingface dataset:
# Williams v. Conger (131 U.S. 390)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
131 U.S. 390
Williams v. Conger
Leave to file a motion for rehearing in this case is asked for on the ground of clerical error in the opinion. A motion for rehearing was made at the last term upon precisely the same brief now sought to be filed, and, notwithstanding the alleged misconception in the opinion of the point made by the pa intiff in error, the court was satisfied with the conclusion it had reached, and that no modification of the judgment was required, and no rehearing was necessary, or called for. The motion was therefore denied. The persistent renewal of the application at this time, after the close of the term at which judgment was rendered, and especially upon the same reasons, once overruled, is not in order, and does not recommend itself to the favorable consideration 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
# Dictionary of National Biography, 1885-1900/Lee, Richard Nelson

​LEE, RICHARD NELSON (1806–1872), actor and dramatist, son of Lieutenant-colonel Lee, was born at Kew on 8 Jan. 1806, the day of Nelson's public funeral, a circumstance to which he owed his second name. A plan for his joining the navy fell through in consequence of his father's death in India. He first acted in the 'Miller and his Men' at the private theatre in Rawstorne Street, paying for his appearance. He then played as an amateur at Deptford, was also in what is called 'utility' business at the old Royalty, practised legerdemain, and accompanied on tour Gyngell, a professional conjurer. After giving conjuring performances on his own account in Edinburgh, with not very satisfactory results, Lee acted with Richardson, and joined Robert William Elliston [q. v.] in his final occupancy of the Surrey, which began on 24 June 1827. At the Surrey, under different managers, he remained seven years, playing harlequin in the Christmas pantomimes, which he wrote for Osbaldistone, the successor (1831) in management of Charles Elliston. For Yates and Matthews at the Adelphi he is said to have written in 1834 the pantomime 'Oranges and Lemons,' in which in the course of one week he was seen as clown, harlequin, and pantaloon. In 1836 he managed Sadler's Wells for Osbaldistone, then lessee of Covent Garden. On the death of John Richardson [q. v.], the proprietor of 'Richardson's Show.' on 14 Oct. 1836, Lee, in conjunction with Johnson of the Surrey, bought his business, which they conducted with success. In connection with Johnson, Lee managed the Marylebone, the Pavilion, the Standard, and finally the City of London theatres, the direction of which they retained for fifteen years. After Johnson's death in 1864 Lee remained in management until 1867, when he retired, and afterwards confined his attention to miscellaneous entertainments at the Crystal Palace or elsewhere. In 1866 he prepared an autobiography, which, like his other works, remains in manuscript. Lee wrote over two hundred pantomimes and plays, mostly for those East-end theatres which he managed. The dramas consisted principally, if not entirely, of adaptations. His works displayed some invention and familiarity with stage resources, but little literary faculty. In the British Museum Catalogue the 'Life of a Fairy,' illustrated by Alfred Crowquill, London, 1850, 12mo, is assigned to Nelson Lee. Lee died at Shrubland Road, Dalston, on 2 Jan. 1872, and was buried on the 5th in Abney Park cemetery.
[Personal recollections; Era newspaper, 7 Jan. 1872; Era Almanack, various years; Barton Baker's London Stage, 1889; E. Stirling's Old Drury Lane, 1881; Raymond's Life of Elliston, 1857.]
J. K.
# Zoonomia/I.V

SECT. V.
OF THE FOUR FACULTIES OR MOTIONS OF THE SENSORIUM.
    1. Four sensorial powers. 2. Irritation, sensation, volition, association defined. 3. Sensorial motions distinguished from fibrous motions.
1. The spirit of animation has four different modes of action, or in other words the animal sensorium possesses four different faculties, which are occasionally exerted, and cause all the contractions of the fibrous parts of the body. These are the faculty of causing fibrous contractions in consequence of the irritations excited by external bodies, in consequence of the sensations of pleasure or pain, in consequence of volition, and in consequence of the associations of fibrous contractions with other fibrous contractions, which precede or accompany them.
These four faculties of the sensorium during their inactive state are termed irritability, sensibility, voluntarity, and associability; in their active state they are termed as above, irritation, sensation, volition, association.
2. Irritation is an exertion or change of some extreme part of the sensorium residing in the muscles or organs of sense, in consequence of the appulses of external bodies.
Sensation is an exertion or change of the central parts of the sensorium, or of the whole of it, beginning at some of those extreme parts of it, which reside in the muscles or organs of sense.
Volition is an exertion or change of the central parts of the sensorium, or of the whole of it, terminating in some of those extreme parts of it, which reside in the muscles or organs of sense.
Association is an exertion or change of some extreme part of the sensorium residing in the muscles or organs of sense, in consequence of some antecedent or attendant fibrous contractions.
3. These four faculties of the animal sensorium may at the time of their exertions be termed motions without impropriety of language; for we cannot pass from a state of insensibility or inaction to a state of sensibility or of exertion without some change of the sensorium, and every change includes motion. We shall therefore sometimes term the above described faculties sensorial motions to distinguish them from fibrous motions; which latter expression includes the motions of the muscles and organs of sense.
The active motions of the fibres, whether those of the muscles or organs of sense, are probably simple contractions; the fibres being again elongated by antagonist muscles, by circulating fluids, or sometimes by elastic ligaments, as in the necks of quadrupeds. The sensorial motions, which constitute the sensations of pleasure or pain, and which constitute volition, and which cause the fibrous contractions in consequence of irritation or of association, are not here supposed to be fluctuations or refluctuations of the spirit of animation; nor are they supposed to be vibrations or revibrations, nor condensations or equilibrations of it; but to be changes or motions of it peculiar to life.
# Zoonomia/I.IV

SECT. IV.
LAWS OF ANIMAL CAUSATION.
I. The fibres, which constitute the muscles and organs of sense, possess a power of contraction. The circumstances attending the exertion of this power of CONTRACTION constitute the laws of animal motion, as the circumstances attending the exertion of the power of ATTRACTION constitute the laws of motion of inanimate matter.
II. The spirit of animation is the immediate cause of the contraction of animal fibres, it resides in the brain and nerves, and is liable to general or partial diminution or accumulation.
III. The stimulus of bodies external to the moving organ is the remote cause of the original contractions of animal fibres.
IV. A certain quantity of stimulus produces irritation, which is an exertion of the spirit of animation exciting the fibres into contraction.
V. A certain quantity of contraction of animal fibres, if it be perceived at all, produces pleasure; a greater or less quantity of contraction, if it be perceived at all, produces pain; these constitute sensation.
VI. A certain quantity of sensation produces desire or aversion; these constitute volition.
VII. All animal motions which have occurred at the same time, or in immediate succession, become so connected, that when one of them is reproduced, the other has a tendency to accompany or succeed it. When fibrous contractions succeed or accompany other fibrous contractions, the connection is termed association; when fibrous contractions succeed sensorial motions, the connexion is termed causation; when fibrous and sensorial motions reciprocally introduce each other, it is termed catenation of animal motions. All these connections are said to be produced by habit, that is, by frequent repetition. These laws of animal causation will be evinced by numerous facts, which occur in our daily exertions; and will afterwards be employed to explain the more recondite phænomena of the production, growth, diseases, and decay of the animal system.
# Zoonomia/I.I

SECT. I.
OF MOTION.
The whole of nature may be supposed to consist of two essences or substances; one of which may be termed spirit, and the other matter. The former of these possesses the power to commence or produce motion, and the latter to receive and communicate it. So that motion, considered as a cause, immediately precedes every effect; and, considered as an effect, it immediately succeeds every cause.
The MOTIONS OF MATTER may be divided into two kinds, primary and secondary. The secondary motions are those, which are given to or received from other matter in motion. Their laws have been successfully investigated by philosophers in their treatises on mechanic powers. These motions are distinguished by this circumstance, that the velocity multiplied into the quantity of matter of the body acted upon is equal to the velocity multiplied into the quantity of matter of the acting body.
The primary motions of matter may be divided into three classes, those belonging to gravitation, to chemistry, and to life; and each class has its peculiar laws. Though these three classes include the motions of solid, liquid, and aerial bodies; there is nevertheless a fourth division of motions; I mean those of the supposed ethereal fluids of magnetism, electricity, heat, and light; whose properties are not so well investigated as to be classed with sufficient accuracy.
1st. The gravitating motions include the annual and diurnal rotation of the earth and planets, the flux and reflux of the ocean, the descent of heavy bodies, and other phænomena of gravitation. The unparalleled sagacity of the great Newton has deduced the laws of this class of motions from the simple principle of the general attraction of matter. These motions are distinguished by their tendency to or from the centers of the sun or planets.
2d. The chemical class of motions includes all the various appearances of chemistry. Many of the facts, which belong to these branches of science, are nicely ascertained, and elegantly classed; but their laws have not yet been developed from such simple principles as those above-mentioned; though it is probable, that they depend on the specific attractions belonging to the particles of bodies, or to the difference of the quantity of attraction belonging to the sides and angles of those particles. The chemical motions are distinguished by their being generally attended with an evident decomposition or new combination of the active materials.
3d. The third class includes all the motions of the animal and vegetable world; as well those of the vessels, which circulate their juices, and of the muscles, which perform their locomotion, as those of the organs of sense, which constitute their ideas.
This last class of motion is the subject of the following pages; which, though conscious of their many imperfections, I hope may give some pleasure to the patient reader, and contribute something to the knowledge and to the cure of diseases.
# Dictionary of National Biography, 1885-1900/Pepwell, Henry

​PEPWELL, HENRY (d. 1540), printer and stationer in London, was born at Birmingham, but the first mention of his name occurs in the colophon of the first book he printed, the ‘Castell of Pleasure,’ which was issued in 1518. His business was carried on at the sign of the Trinity in St. Paul's Churchyard, a house which had belonged to another stationer, Henry Jacobi, whom Pepwell seems to have succeeded, and whose device, with the surname cut out, he used in some of his books. Between 1518 and 1523 Pepwell printed eight books, all of a popular character, and in 1525–6 was appointed warden of the Company of Stationers.
In 1531, at the request of Stokeslaye, bishop of London, he employed the Antwerp printer, Michael Hillenius, to print an edition of Eckius's ‘Enchiridion locorum communium adversus Lutheranos,’ now known from one surviving copy. In 1534 Pepwell is mentioned in the will of Wynkyn de Worde, who leaves him 4l. in printed books. In 1539 he printed some small grammars for the use of St. Paul's school, and on 11 Sept. of the same year made his will, which was proved on 8 Feb. 1540, so that his death probably took place at the beginning of that year. By his will he makes his wife Ursula sole executrix, and William Bonham, the printer, one of the supervisors. Most of his property is bequeathed to his children, none of whom are mentioned by name, though it is probable that the Arthur Pepwell whose name frequently occurs at a later date in the ‘Stationers' Registers’ was his son.
E. G. D.
# Dictionary of National Biography, 1885-1900/Pepys, Henry

​PEPYS, HENRY (1783–1860), bishop of Worcester, younger brother of Charles Christopher Pepys, earl of Cottenham [q. v.], was born in Wimpole Street, London, on 18 April 1783. Educated at Trinity College, Cambridge, he graduated B.A. in 1804, and then, migrating as a fellow to St. John's College, proceeded M.A. 1807, B.D. 1814, D.D. 1840.
He was rector of Aspeden, Hertfordshire, from 12 June 1818 to 28 April 1827, and held with it the college living of Moreton, Essex, from 16 Aug. 1822 until 1840. On 3 Feb. 1826 he was appointed a prebendary of Wells, and on 31 March 1827 rector of Westmill, Hertfordshire. In politics he was a liberal. On 27 Jan. 1840 he was, on Lord Melbourne's recommendation, elevated to the bishopric of Sodor and Mann, was concrated at Whitehall on 1 March, arrived at Douglas, Isle of Man, on 27 April, was installed at St. Mary's, Castleton, on 8 May, and left the island on 4 May 1841, on his translation to the see of Worcester.
In the House of Lords, although he voted in favour of the chief liberal measures, he only spoke twice on ecclesiastical questions of small importance. Personally he was very popular, and was conscientious in the discharge of his diocesan duties. He was a generous patron of the triennial festival of the Three Choirs.
He died at Hartlebury Castle, Stourport, Worcestershire, on 13 Nov. 1860.
He married, on 27 Jan. 1824, Maria, third daughter of the Right Hon. John Sullivan, commissioner of the board of control. She died on 17 June 1885, in her ninetieth year, having had four children: (1) Philip Henry Pepys, registrar of the London court of bankruptcy; (2) Herbert George Pepys, honorary canon of Worcester; (3) Maria Louisa Pepys, who married the Rev. Edward Winningion Ingram: and (4) Emily Pepys, who married the Rev. and Hon. William Henry Lyttelton, and died on 12 Sept. 1877.
Pepys published 'The Remains of tha late Lord Viscount Royston, with a Memoir of his Life,' 1838, six charges and two single sermons.
[Berrow's Worcester Journal, 17 Nov. 1860, p.5, 24 Nov. p. 3; Gent. Mag. December 1860, p. 674; Dod's Peerage, 1860, p. 586; Times, 16 Nov. 1860, p. 12, 22 Nov. p. 12; Guardian, 21 Nov. 1860, p. 1,006; Illustr. London News, 24 Nov. 1860, p. 497.]
G. C. B.
# Dictionary of National Biography, 1885-1900/Pepys, Lucas

​PEPYS, Sir LUCAS (1742–1830), bart., physician, son of William Pepys, a banker, and his wife Hannah, daughter of Dr. Richard Russell of Brighton, was born in London on 26 May 1742. He was educated at Eton and at Christ Church, Oxford, whence he graduated B.A. on 9 May 1764. He then studied medicine at Edinburgh, and afterwards graduated at Oxford, M.A. on 13 May 1767, M.B. on 30 April 1770, and M.D. on 14 June 1774. Before his M.B. degree he obtained a license to practice from the university of Oxford, took a house in London, and on 10 Feb. 1769 was elected physician to the Middlesex Hospital, and held office for seven years. In the summer he used to practise at Brighton. He was elected a fellow of the College of Physicians on 30 Sept. 1775, was censor in 1777, 1782, 1786, and 1796, treasurer from 1788 to 1798, and president from 1804 to 1810. In 1777 he was appointed physician-extraordinary to the king, and in 1792 physician-in-ordinary. He was created a baronet on 22 Jan. 1784. He attended George III in his mental disorder of 1788–9, and in that of 1804. He was examined on the subject of the king's health by a committee of the House of Commons on 7 Jan. 1789. He then thought it likely that the king would recover in time, and stated that he had observed signs of improvement. He attended two days a week at Kew, where the king was, from four in the afternoon till eleven the next morning, having a consultation often either with Sir George Baker or Dr. Richard Warren. In 1794 he was made physician-general to the army, and was president of an army medical board, on which it was his duty to nominate all the army physicians. When so many soldiers fell ill of fever at Walcheren, he was ordered to go there and report. He was so ill-advised as to decline, and the board was in consequence abolished; but he was granted a pension. He had a large practice, and after Jenner's discovery he was an active supporter of the National Vaccine Institution. He was punctual and assiduous as president of the College of Physicians, but his only published work was the Latin preface to the ‘London Pharmacopœia’ of 1809. He married, on 30 Oct. 1772, Jane Elizabeth, countess of Rothes, and had by her two sons and a daughter. He married again, on 29 June 1813, Deborah, daughter of Dr. Anthony Askew [q. v.], who survived him. His house was in Park Street, Grosvenor Square, and he died there on 17 June 1830. He is described by Dr. Munk, who knew several of his contemporaries, as ‘a person of great firmness and determination, somewhat dictatorial in his manner.’ His portrait was painted by Edridge.
N. M.
# Dictionary of National Biography, 1885-1900/Pentland, Joseph Barclay

​PENTLAND, JOSEPH BARCLAY (1797–1873), traveller, born in Ireland in 1797, was educated at Armagh and at Paris university, where his knowledge of comparative anatomy gained him the friendship of Cuvier. He became secretary to the consulate-general in Peru in 1827, and was consul-general in Bolivia from 1 Aug. 1836 until 1839. In 1826 and 1827, in company ​with Woodbine (afterwards Sir Woodbine) Parish [q. v.], he surveyed a large portion of the Bolivian Andes which had rarely been visited by Europeans. He took extensive observations on the snow-lines and on the heights of the mountains, the majority of which are either extinct volcanos or volcanos of exhausted activity. Gualtieri was found to be 22,000 feet high, Arequipa 18,300 feet, Chirquibamba 21,000 feet, Illimani 21,300 feet, and Sorata 24,800 feet. He was the first to measure these mountains, and succeeding explorers have been of opinion that he somewhat exaggerated their altitudes. The mean elevation of the perpetual snow-line was 16,990 feet, and the elevation of the whole range is so great that the mean height of the practicable passes through them exceeds 14,650 feet. During his journey he found fossils of Silurian age at a height of 17,000 feet, and of carboniferous limestone at 14,000 feet above the sea. Pentland also visited the mountain lake of Titicaca. He saw that its outlet was the river Desaguadero, whereas all maps up to that period had represented the river as running into the lake. In 1838 he made a tour in the southern province of ancient Peru, visiting Cusco, the capital, and the many interesting localities around that city (Journal of the Royal Geographical Society, 1835 v. 70–89, with two maps, 1838 viii. 427, and Proceedings, 9 March 1874, pp. 215–16; Humboldt, Kosmos, Sabine's edit. 1846–58, i. 362, vol. iv. pt. i. p. lxxxv).
From 1845 he made Rome his winter residence. He was so well acquainted with the topography and antiquities of the city that he was selected to act as guide to the Prince of Wales on the two occasions of his visiting Rome. He edited for John Murray ‘A Handbook of Rome and its Environs. Ninth edition, carefully revised on the spot,’ 1860; also the tenth and eleventh editions of 1871 and 1872; ‘A Handbook for Travellers in Southern Italy,’ sixth edition, 1868, and ‘A Handbook for Travellers in Northern Italy,’ eleventh edition, 1869. He aided James Fergusson (1808–1886) [q. v.] in his ‘Sketches of the Antiquities of Cusco,’ and Mrs. Somerville with information on the geology of South America for her ‘Physical Geography,’ 1848. He died at 3 Motcomb Street, London, on 12 July 1873, and was buried in Brompton cemetery.
G. C. B.
# Dictionary of National Biography, 1885-1900/Mortimer, Favell Lee

​MORTIMER, Mrs. FAVELL LEE (1802–1878), authoress, second daughter of David Bevan, of the banking firm of Barclay, Bevan, & Co., born in London in 1802, was religiously educated, and in 1827 passed through the experience of conversion. She at once threw herself with great zeal into educational work, founding parish schools on her father's estates, and taking an active and intelligent part in their management. Through her brother she made the acquaintance of his schoolfellow and college friend, Henry Edward Manning [q. v.], with whom she corresponded on religious topics, and on whom she exercised for a time a considerable influence. In after years at his instance she returned his letters, while she allowed her own to remain in his hands. In 1841 she married Thomas Mortimer, minister of the Episcopal Chapel, Gray's Inn Road, after whose death in 1850 she devoted herself to the care of the destitute and the afflicted. She died on 22 Aug. 1878, and was buried in the churchyard, Upper Sheringham, Norfolk.
She is best known as the author of educational works for the young, of which the most popular, 'The Peep of Day, or a Series of the Earliest Religious Instruction the Infant Mind is capable of receiving,' has passed through a multitude of editions, the sixth in 1840 and the latest in 1891, and has been translated into French and several barbarous dialects. It was followed by little manuals of a similar kind, viz. 'Line upon Line,' London, 1837, 12mo; 'More about Jesus,' London, 1839, 12mo; 'Lines left out,' London, 1862, 12mo; 'Precept upon Precept,' London, 1867, 16mo, 2nd edit. 1869. Hardly less deservedly popular were Mrs. Mortimer's manuals of elementary secular instruction, viz. 'Near Home, or the Countries of Europe described,' London, 1849, 8vo; 'Far off, or Asia and Australia described,' London, 1852-1854, 16mo, latest edit. 1890, 8vo; 'Reading without Tears,' London, 1857, 12mo; 'Reading Disentangled,' London, 1862, 16mo; 'Latin without Tears, or One Word a Day,' London, 1877, 8vo.
Mrs. Mortimer also published the following miscellanea : 1. 'The History of a Young ​ Jew, or of Alfred Moritz Myers,' Chester, 1840 12mo. 2. The History of Job,' London, 1841, 18mo. 3. 'The English Mother,' 3rd edit. 1849, 18mo. 4. 'The Night of Toil,' 4th edit. 1853, 12mo. 5. 'The Angel s Message, or the Saviour made known to the Cottager,' London, 1857, 12mo. 6. 'Light in the Dwelling, or a Harmony of the Four Gospels,' London, 1858, 8vo. 7. 'Streaks of Light, or Fifty-two Tracts from the Bible for the Fifty-two Sundays of the Year,' London, 1861, 8vo, last edit. 1890. 8. 'The Apostles preaching to Jews and Gentiles,' London, 1873, 18mo, new edit. 1875. 9. 'The Captivity of Judah,' London, 1875, 18mo, new edit. 1870.
[The Family Friend, 1878, p. 183; Reminiscences, by Lord Forester, in the Times, 20 Jan. 1892; private information; Supplement to Allibone's Dict.; Brit. Mus. Cat.]
J. M. R.