nel. The raising of the root of the tongue renders the sound harsher, like the Greek x, the Hebrew Cheth, the German ch after a, o, u, and the Spanish jota. By raising the middle of the tongue, we utter the slighter sound. If the larynx vibrates at the same time, we pronounce the Semitic ain. This peculiar sound, which is, strictly speaking, neither a vowel nor a consonant, may be classed with the snapping lingual sounds of the Hottentots. Court de Gébelin imagines it to represent the second source of life. It is cognate with the a sound, while the consonant j (English y as in yes) belongs to i, and v to u. Varro calls it an afflatus; others a consonant or a spiritus. The Greek poets elided the last vowel before an initial spiritus asper; the Romans very frequently did the same, and sometimes lengthened the syllable preceding a consonant followed by h. It is silent at the end of syllables, as in oh, ah, proh dolor, &c. The Romans varied in its use, writing sometimes honera, harena, harundo, &c., instead of onera, arena, arundo; or, on the contrary, ic, eredes, aruspex, erus, aeneus, Annibal, Adria, Oto, &c., for hic, hæredes, haruspex, herus, aheneus, Hannibal, Hadria, Otho. We find also mehe for me, michi, mi, for mihi, nichilum (nec hilum) for nihilum, Pilippus, coors, triumpus, pulcer, Cetegus, Kartago, &c. Cicero disliked the use of H.-The following are examples of the substitution of other letters for H : Gr. έξ, ἑπτα, ύς, έ, ἡμι, ἅλς, ήλιος, &c. ; Lat. sex, septem, sus, se, semi, sal, sol. Arab. rathah and rathach (to break); Hebr. gil, hul, hil (to turn, twist, leap); gabal and habil (to twist), &c; Lat. traho, veho, tractum, vectum, and traxi, vexi, &c. Hermandica begat Salamanca. Gr. Vakubov, Lat. vaccinium. Digitus, decem, ducere, cornu, cor, cervus, collum, cutis, crinis, cerebrum, &c.; Germ. Zehe, zehn, ziehen (zog), Horn, Herz, Hirsch, Hals, Haut, Haar, Hirn. Old German, he, het, now er, es (is, hic, hæc, hoc), Michilenburg, now Mecklenburg. (See F, G.) The Gothic initial h before 1, n, r, has been dropped in the later dialects, and thus hlaufan, hlaibs, hraineins, &c., became the German laufen, Laib, rein. Similarly the Icelandic hliod is the Germ. Laut, while hláter is Gelächter; hnoda, kneten; hnukr, Eng. knuckle, &c. So the Frankish Hlotar, Hrudolf, Hludovic, &c., became Lothar, Rudolph, Louis (Chlodevic, Clovis, Ludwig, Lovis). The people of St. Malo in Brittany say hloche, hlé, for cloche, clef. So Hrabanus became Raba

nus.

The Anglo-Saxon, Icelandic, Danish, and Swedish he or he (coradical with the Latin qu) is written in English wh, thus: A. S. hvit, Icel. hvitr, Dan. hvid, Eng. white; Dan. hvilke, hveden, &c., Eng. which, whence.-In modern German the h is often but a prosodic sign of length, as in thun, Thal, führen, fahren, to do, dale, Lat. ferre. It is a phonetic expedient in the English ch, gh, sh, th, in such words as church, gherkin (Germ. Gurke), shoe (Germ. Schuh), think, this (Germ. denken, dieser), or useless, as in ghost (Geist, gas), &c.; it is silent with g in

ight, weight, &c. The French is not less inconsistent; for the ache aspiré is as much mute as the ache muet, from which its effects differ by causing a hiatus, as in le hasard (without elision), as distinguished from l'heure; and this even in words of the same essence, as le héros, but l'héroine. In Italian only 4 forms of the verb avere are written with h, viz.: ho, hai, ha, hanno, which Metastasio wrote ò, aì, à, ànno. The Spanish h is silent, whether it be Latin, as in hombre (homo), or from f, as in hambre (fames), or g, as in hermano (germanus); but g sounds like h, as in genero, and j and often a more harshly, as in Mexico, or Mejico, or Megico; and ch sounds as in English, as mucho (much). -As an abbreviation, H. stands for Hadrianus, Hostilius, Hispania, hic, hæc, hoc, homo, habet, honos, &c.; HII. for hæredes; HS. for sestertium. On French coins it designated La Rochelle; on those of Austria, Günsburg. It was the last nundinal letter. It was also used for 200, and H for 200,000. In German music, H denotes the 7th diatonic interval, or the 12th string of the chromatic scale. This note was anciently B, and is so yet in Dutch and English music; but after the introduction of the chromatics, both itself and its flat (which was first contrived) being named B, in order to distinguish them, one was made of square shape. From this B quadratum was formed the (French bé carré) and the German H, while its flat became b, whence the sign b (French bé mol).

and

HAARLEM, HAERLEM, or HARLEM, a city of Holland, in the province of North Holland, situated on the navigable river Spaarne, 3 m. from the sea, 10 m. from Amsterdam, and 17 m. from Leyden, with both which cities it communicates by canals and railways; pop. 28,800. In 1740 it had 40,000 inhabitants; in 1819, 18,000; since which date it has been increasing. Its trade is considerable; it possesses manufactories of cotton, silk, linens, velvets, ribbons, damasks, lace, jewelry, sail cloth, and soap, has refineries of salt, tanneries, and dye works, and a celebrated foundery of Hebrew and Greek type. Prior to the discovery of the art of bleaching by chlorine, Haarlem enjoyed celebrity for its bleacheries. The city is well built, clean, and intersected by canals. A picturesque gateway on the high road to Amsterdam is a part of the old fortifications; the ramparts have been converted into public promenades. Most of the public edifices are built around a handsome square, in the centre of which is a bronze statue to Laurens Coster, whom the Dutch regard as the inventor of printing. The principal buildings are the town hall, formerly the residence of the counts of Holland, the palace of the states-general containing a gallery of paintings, and 9 Roman Catholic and 6 Protestant churches. St. Bavon's church, erected in the 15th century, is the largest ecclesiastical edifice in Holland, and is celebrated as containing the great organ constructed by Christian Müller of Amsterdam in 1738, and which until lately enjoyed the fame of being the largest in

the world. This instrument has 5,000 pipes and 60 stops, 3 rows of keys, and a pedal board. It is rivalled in magnitude, however, by the organs at York and Birmingham, and in sweetness, according to some critics, by those of Rotterdam and Freyburg. Free public performances are given weekly. In addition to the organ, the church contains a rood screen with some curious carving, a modern group of statuary representing faith, hope, and charity, and the tomb of the poet Bilderdijk. Haarlem is the headquarters of the society of national education, which has here its school for teachers. The principal scientific and literary institutions are the botanical garden, numerous public schools, a college and academy of arts founded in 1752, the Teyler institute, possessing a museum, with lectures, and a picture gallery, which contains a valuable collection of engravings, especially of Ostade's, and the most complete collection of electrical apparatus in Europe. The environs of the city are very pleasing. The canals being bordered with trees adds to the beauty of the scenery, and many of the buildings, having high roofs with peaked attic windows, are picturesque in appearance. Three lines of railroad and a high road bordered with willows, running side by side as far as the eye can reach, add a singular feature to the landscape. In the suburbs is the royal chateau of Welgelegen, formerly the residence of King Louis Bonaparte. S. of the city lie the tulip gardens (Bloemen Tuinen), for which Haarlem is famous. Although fortunes are no longer given for a single root, a large amount of capital and skill are employed in raising them, and most of Europe is supplied with flowering bulbs from this source. Haarlem dates back to an early but uncertain period. It was a flourishing town in the middle of the 12th century, and figured in the wars between the Dutch and West Frieslanders. Fires damaged the city in 1347, 1355, and 1587. The revolted peasants seized it in 1492, but lost it the same year. In the revolt of the Netherlands against the Spaniards it joined the allies, and was in consequence besieged by the troops of the duke of Alva, under the immediate command of his son Frederic of Toledo, in 1572-'3. The citizens made one of the most heroic defences on record. After 7 months' siege, during which the Spaniards lost 10,000 men, and twice breached the walls, but were unable to obtain entrance, they turned the siege into a blockade, and placed a fleet on the lake to cut off supplies, when the garrison, which originally numbered 4,000, including some German auxiliaries and a corps of 300 women under the heroine of the hour, Kenau Hasselaer, were reduced to 1,800, and the last mouthful of food was eaten, the gallant burghers proposed to place the women and children in the centre, fire the city, and cut their way through the besiegers. Fearful of losing even the barren semblance of victory, the Spaniards offered terms if they would surrender the place. The proposal was accepted; Alva's troops

marched in, disarmed the inhabitants, and in violation of faith proceeded to the most atrocious massacre. The 57 hostages were put to death, and 4 executioners were kept constantly busy until they ceased from fatigue after 2,000 persons had been butchered, whereon 300 remaining victims were tied in twos, back to back, and cast into the lake. Frederic had his father's order for the massacre when he offered the amnesty. William of Orange retook the city in 1577. During the occupation of the French in the present century it suffered much in its commerce.

HAARLEM MEER, or LAKE OF HAARLEM, & lake 14 m. long and 10 m. broad, covering 70 sq. m., communicating S. with the Zuyder Zee by an inlet called the Y, and N. with the Old Rhine, and occupying, with an average depth of water of 13 feet, the area between the cities of Haarlem, Leyden, and Amsterdam. This sheet of water was formed in the 16th century by an inundation which united 4 ponds into one, and destroyed several villages. It gradually encroached on the land, till in the 19th century it covered 45,000 acres. Its shallow waters were liable to be agitated by storms, and, being carried along by the winds over the adjoining low lands, threatened destruction to the towns on its coast. The levees, kept in repair at an annual cost of $20,000, proved ineffectual to arrest its flow. In Nov. 1836, a westerly storm impelled the waters upon the city of Amster dam, and in the month following another gale laid the streets of Leyden under water. In 1839 the government accepted the offer of an English engineering company to drain the lake. The process was begun in that year and completed in 1852, when the bed of the lake was left dry, except a channel way of 700 acres; 41,675 acres of good land were reclaimed. (See DRAINAGE.)

HAAS, JOHN PHILIP DE, an American gen eral, born in Holland about 1735, died in Phila delphia about 1794. He was descended from an ancient family of northern France, which had removed to Holland, and in 1750 accompanied his father to America, settling in Lancaster co., Penn. In his youth he showed s taste for military life, and upon the breaking out of the old French war, as the 7 years' war was called in America, attached himself to the provincial forces. In 1758 he was commissioned an ensign in the regular regiment raised by Pennsylvania for the war, and in Aug. 1763, participated in the bloody conflict with the Indians of the western nations at Bushy Run, near Pittsburg. At the outbreak of the American revolution he was appointed colonel of the 1st regiment of the Pennsylvania line, and in 1775-6 rendered important services in Canada. He subsequently took part in the battle of Long island, and in Feb. 1777, was with Wayne and others appointed a brigadier-general by congress. He served in various capacities with credit until the close of the war. The latter years of his life were passed in Philadelphia.

HABAKKUK, one of the 12 minor prophets, of whose birth or death we know with certainty neither the time nor the place, but who is supposed to have lived in the reign of Jehoiakim, about 600 B. C., being thus contemporary with Jeremiah. The prophecy of Habakkuk is the 35th in the order of the books of the Old Testament, and relates chiefly to the invasion of Judæa by the Chaldeans. The style is highly poetical, and the ode or prayer of the 3d chapter is probably unrivalled, not only for splendor of diction and subject, but for sublimity, simplicity, and power.

HABEAS CORPUS, an ancient English writ, used for a variety of purposes from the remotest antiquity. It is addressed to a sheriff or other officer, and commands him to have the body of the person named at a certain place and time. When all writs were in Latin, the characterizing words of this writ were ut habeas corpus, and the name has long survived the use of these words in the writ. One of the purposes for which it was used was to recover freedom which had been wrongfully taken away. Personal liberty was always asserted by the common law from its earliest ages; and it was always assailed by kings who would be tyrants, and with an earnestness proportioned to their tyranny. Hence it became necessary to declare this principle in the most solemn manner in Magna Charta. It is there said that "no man shall be taken or imprisoned but by the lawful judgment of his peers, or by the law of the land;" and this clause, more than any other, has given to that instrument the name of the palladium of English liberty, a name which is deserved rather by the writ of habeas corpus. For, on the one hand, the great charter did not enact this as a new rule of law, but only declared it to be the law of the land; and, on the other, its force and influence gradually faded, in despite of repeated formal confirmations; and this law became actual and operative only by means of the habeas corpus. This writ was issuable from the king's bench; and it was used to protect or restore liberty, by bringing the prisoner before the court, whose duty it was to order his immediate discharge if he were not restrained of his liberty according to law. But it was evaded by courts and sheriffs who were disposed to support royal or ministerial usurpations; and it became so powerless, that early in the reign of Charles I. the court of king's bench formally decided that they had no power to release any person imprisoned without any cause assigned, if he were imprisoned by the express command of the king, or by the lords of the privy council. The petition of right, of the 3d year of the reign of Charles I. (1628), asserted this illegality of the decision, and declared that "no freeman should be imprisoned or detained without cause shown, to which he may make answer according to law." But the means of enforcing this rule were still imperfect, and personal liberty was still violated; and by 16 Charles I., ch. 10, va

rious provisions were enacted, intended to make the writ of habeas corpus more effectual. But this was not enough. The judges still continued to refuse the writ at their pleasure, or to insist that it could be issued only in term time; and prisoners were sent to distant gaols, and sheriffs and gaolers refused to obey it; or if the party imprisoned were brought before an examining court, his liberty was still withheld on frivolous pretences. At length, in the 31st year of the reign of Charles II. (1679), what is now always understood by the habeas corpus act was enacted. It consisted of a variety of provisions, devised with so much skill and so well adapted to give each other mutual support, that it may safely be asserted that personal liberty will be safe, in England and the United States, so long as this law remains in force. Evasion of it is almost impossible; and it can be made ineffectual only by a positive and open violation of its essential provisions, or by a distinct denial of its interposition. Before stating more particularly what these provisions are, there are two points which should be noticed. One is, that we owe this admirable law to Lord Shaftesbury, who, when he was appointed lord chancellor, had received no legal education whatever, and made no pretence to any knowledge of technical law; nor could his best friends, then or since, claim for him the credit of any especial regard for liberty, or any moral excellence whatever. It happened, however, that his personal purposes at the moment were such as to induce him to make this law as practical and as effectual as possible; and he brought to this object all the resources of his genius and experience, and by their help succeeded in giving to the act an efficiency which the lawyers who had been at work upon it for many generations had never been able to impart. The other point is, the manner in which it was finally enacted. The house of commons were in favor of it; the house of lords were opposed to it; and the way in which their hostility was rendered ineffectual, and their actual dissent so converted into an apparent assent as to give validity to the law, is fully stated by Bishop Burnet in his "History of his own Times." The seeming impossibility of the transaction, and the incredibility of the narrative, have made it one of the causes for the general belief that this pleasant but somewhat gossiping history was untrustworthy; a belief which recent investigations have set aside. The story is this. The bill had passed the house of commons and was taken to the lords. When the question was about to be taken in that house, "Lords Grey and Norris were named to be the tellers. Lord Norris, being a man subject to vapors, was not at all times attentive to what was doing. So, a very fat lord coming in, Lord Grey counted him for 10, as a jest only at first; but seeing Lord Norris had not observed it, he went on with his misreckoning of 10, and so it was reported to the house, and declared that they who were for the bill were in a majority, though

it indeed went on the other side." Shaftesbury, who presided as lord chancellor, then spoke until members had come and gone, so that the house could not be retold and the mistake corrected. The bill was approved by the king, and became a law. In the Oxford edition of Burnet's "History," Onslow says, in a note to this passage, that the minute book of the house of lords, in regard to this bill, by comparing the number of lords present with the number reported, shows the story to be true. Lord Campbell, in his life of Lord Shaftesbury, says that there must have been some mistake in the return, because the journal shows that the whole number was 107, and it was declared 57 to 55. It would seem therefore to be certain that the habeas corpus act was passed by a foolish jest and a shameless falsehood. The English statute has been copied in the United States, without essential change; the variations from it being only such as would, in the opinion of the various legislatures, make its provisions more stringent, and the security it gives to liberty more certain and available. The provisions of the statutes of habeas corpus, now in force in the different states, may be stated generally thus: 1. The writ commands the sheriff, or other person to whom it is directed, to have the body of the person who is said to be restrained of his liberty forthwith before the justice issuing it, or some other tribunal competent to try the questions the case may present; and to summon the person restraining the alleged prisoner to be there also, and bring with him the cause of the restraint; that all parties may then and there submit themselves to whatever may be lawfully adjudged and ordered in their behalf. The language varies in the different statutes which give the form of the writ; but it is always substantially as above. 2. The writ must be granted, as of right, by any of the justices of the higher courts, and, in their absence or inaccessibility, by any of those of a lower court, down to justices of the quorum; the law covering in this respect a wide range, so as to insure to every applicant some one from whom this redress or remedy may come. 3. It must be granted at any time when it is prayed for, whether a court be sitting or not. 4. It must be granted either to the party himself restrained of his liberty, or to any one applying for him; and if his name be unknown, the best description which can readily be given is sufficient. 5. The application must be in writing, and must be verified by the oath of the applicant. 6. The sheriff or other officer to whom it is directed must render prompt obedience, and make immediate service, and return the writ forthwith with a full statement of his doings. 7. It must be returned before the proper magistrate at chambers, if a court to which it is made returnable be not then in session. 8. Upon the return, the alleged prisoner being present, the case is tried; and unless sufficient cause for his imprisonment is shown, he is ordered to be discharged at once. 9. If not wholly discharged,

the court or magistrate may order him to be discharged on giving reasonable bail, if he be held for any bailable offence or cause. 10. In some of the states, it is provided that the writ may not issue if the party restrained be imprisoned for crime, or in execution civil or criminal, and by lawful warrant. In others, these exceptions are not made, but if facts like these appear on trial, the prisoner is remanded. 11. In general, after a party has been discharged on habeas corpus, he cannot be again imprisoned or restrained of his liberty for the same cause. 12. The issuing of the writ by the magistrate applied to, and prompt and full obedience to it by the officer or other person to whom it is directed, are secured by very heavy penalties; and also by the fact that any applicant to whom the writ is refused by one magistrate may apply to another, and the number of those to whom he may thus resort is so large that it is hardly possible for them all to be corrupted, or for any reason indisposed to render due obedience to the law. The vast importance of this law can be appreciated only by those who have studied the history of despotism; although it discloses only what might have been inferred with almost equal certainty from the reason of the thing. Whether the ruling authority of a nation (be it in the hands of one or of many) shall be absolute, or subordinated to law, must depend, in the last result, upon its power over the persons of those who are subject to it. Whatever be the law, if there be a sovereign who may disregard it, and put in strict imprisonment those who would resist him; if he may substitute his own commands for law, and take away from society and from all power of resort to law those who do not obey him; it is perfectly obvious that there can be no disobedience and no resistance which is not rebellion if it be put down, or revolution if it succeed. The histories of France and of England offer the most perfect illustration of this. Beginning from the feudal ages, they stood then about upon an equality in respect to the power of the sovereign and the personal rights of the subject. Under some of her monarchs, of the Plantagenet and Tudor families, England seemed to be yielding herself up to a more absolute tyranny than was known to her neighbors. But as the ages went on, it became apparent in France that the subjection of the citizen to the sovereign became with every generation more complete. By insidious rather than open increase, the power of the king, or rather the power of ministers who acted in the name of the king, to imprison at their pleasure whom they would, for political or personal, public or private reasons, became so entirely established, that every minister of the crown had, it is said, a large number of blank lettres de cachet (or letters under the privy seal of the king) which he could fill with names at his pleasure, and by which the police were authorized and commanded to imprison the party named and hold him in prison at the pleasure of the minister. The Bastile became a

recognized instrument of state; and in its cells lay those who were placed there only at the suspicion or the caprice of some minister, and who remained there only because they were forgotten. Of course this state of things could not last; for no one acquainted with human nature could doubt that such irresponsible and enormous power would be enormously abused, and lead its possessors into folly and insanity. Therefore the French revolution came to do the work which must be done, and only revolution could do, and therefore the reign of terror almost necessarily replaced the gilded and grace ful despotism which had been its parent. But this, too, could not endure. Perhaps the changes which have since taken place, and which have given to that country almost every possible form of government, agree only in this: they prove that there is not that training for personal liberty, that inwrought determination to be personally free at all hazards, and in some way or other, which can become a part of the lifeblood of a nation only after many generations, and can alone effectually secure, and preserve permanently, that blessing of personal liberty, which is fruitful of all other good. If we now turn to England, we shall see that in the AngloSaxon times despotism was rarely attempted, and never successful; that the laws and institutions of those days are all founded on the presumption of personal liberty and rights; that this element of character might for a time be suppressed or enfeebled, but that it could never be annihilated; that it rose from time to time into prominence and activity, and, as opportunity offered or could be made, gradually asserted itself, first in the fact of a common law, which the courts regarded as binding upon them; then in the recognition of personal liberty and right as an unquestionable principle of the common law; then by such timely assertions as in Magna Charta, in the petition of right, and finally in that act of habeas corpus, which we may well hope has settled the question for all time. And if it be remembered that this act seems to have been obtained by a jest and a falsehood, and to be due to the genius of one who was himself no lover of human rights, it must be remembered also that Shaftesbury was actuated by the conviction that he could in no way do so much to confirm his power and popularity as by preparing this law, which the training and character of the people taught them to demand and appreciate. It was they who made the law, and the lord chancellor of the day was but their instrument.-That the habeas corpus act is sufficiently valued in the United States may be inferred from the fact that the federal constitution (art. I., sec. 9, No. 2) provides that "the provisions of the act shall not be suspended, unless when in case of rebellion or invasion the public safety may require it;" and there is a provision to the same effect in some of the state constitutions. Everywhere the statute itself is enacted, and, so far as words can have the effect, made stringent and effectual. VOL. VIII.-40

-The technical name of this writ is habeas corpus ad subjiciendum, from the requirement contained in it that the alleged prisoner and the persons restraining him should "submit themselves to the order of the court.” It is sometimes called also habeas corpus cum causa. Habeas corpus ad testificandum was formerly used to compel witnesses to testify in certain cases, and habeas corpus ad satisfaciendum was employed to obtain satisfaction of certain judgments. But these are now obsolete. This writ is now frequently resorted to by parents of minors who have enlisted without their permission, by parents who wish to obtain possession of children withheld from them, and for similar purposes. It is also the instrument by means of which the legality of the proceedings by which possession of an alleged slave is sought, may be tested. It has been solemnly decided that the habeas corpus act can be suspended only by a legislature; and that the proclamation of martial law by a military officer is not sufficient.

HABENDUM (Lat. habeo, to have), the clause in deeds of conveyance which declares what estate the grantee takes, and for whose use he holds it. It was always coupled with tenendum when deeds of conveyance were written in Latin; and the common translation now in use is: "To have and to hold, the estate aforesaid (or the same, or the premises), to the grantee and his heirs, to and for his and their use." A habendum may, in some cases, enlarge the estate conveyed in a previous part of the deed, but must not be repugnant or contradictory to it. Its proper office is to give nothing, but to define and limit what is elsewhere given.

HABERSHAM, a N. E. co. of Ga., bordering on S. Carolina, and containing the sources of the Chattahoochee, Broad, and other rivers; area, 700 sq. m.; pop. in 1852, 9,768, of whom 1,281 were slaves. It is traversed by branches of the Blue Ridge, between which are fertile valleys. Iron is abundant; rubies, carnelians, and occasionally diamonds have been found; and the gold mines, of which there were 3 in operation in 1850, are among the richest in the state. The value of gold obtained that year was $5,490. The productions in 1850 were 268,695 bushels of Indian corn, 48,683 of oats, and 57,491 of sweet potatoes. There were 22 grist mills, 8 saw mills, 39 churches, and 1 newspaper office. Organized in 1818, and named in honor of Col. Joseph Habersham, speaker of the general assembly of Georgia in 1785. Value of real estate in 1856, $774,518. Capital, Clarkesville.

HABINGTON, WILLIAM, an English poet, born in Hindlip, Worcestershire, Nov. 5, 1605, died there, Nov. 13, 1645. Belonging to a Roman Catholic family, he was educated at the Jesuit college of St. Omer, and at Paris, with the view of inducing him to enter the order; but he showed no inclination for a life of celibacy, and, returning to England, married Lucy Herbert, the daughter of Lord Powis. Although Habington belonged to a family noted for plotting, he seems to have taken little interest in