In the Alaguali tradition, this lake in Sonoma County was a place of healing. Charmstones found in the lake bed date to more than 4,000 years old, and come from as far away as Mexico.
A relative told me that when she saw Tom Smith's charmstone, she was temporarily blinded and felt instantly faint—its power was that overwhelming. The charmstone, an oblong, smoothly carved rock figure, about an inch and a half in length, was loosed from Tom Smith's "doctoring kit," which had been stored in a drawer at UC Berkeley's Lowie Museum for decades following his death in 1934. Grandpa Tom, as he is known in the family—he was my great-great grandfather—reputedly caused the 1906 earthquake in a contest of power with another medicine man. Like other medicine men and women from Central California and beyond, Grandpa Tom, a Coast Miwok, used charmstones when doctoring the sick, for luck in fishing and hunting, and who knows what else—perhaps even causing an earthquake.
Mabel McKay, the late renowned Pomo basket-maker and medicine woman, witnessed a Lake County Indian doctor pulling a tiny rabbit from a sick woman's chest using a thumb-size quartz amulet; Mabel herself gave a troubled young man a charmstone to keep an evil spirit at bay. Maria Copa, a Coast Miwok born at Nicasio, told ethnographer Isabel Kelly that a charmstone had followed a woman home and that the woman had "to hit it three times" with a stick to kill it. When American rancher William Bihler dynamited the southern end of Tolay Lake in the early 1870s, draining the rather large but shallow lake of water, what the muddy bottom revealed was thousands upon thousands of charmstones—far more than found in any one locale in North America.
Roughly seven miles east of Petaluma, Tolay is the southernmost and largest in a chain of lakes tucked within the Sonoma Mountain range. You might imagine it the pendant at the end of the chain. Standing on the ridges above the lake, you can see the emerald expanse of San Pablo Bay spreading before you, and like a sculpture rising from the water, San Francisco's Financial District, and then four of the Bay's major mountains: Mount Saint Helena, Mount Tamalpais, Mount Diablo, and Mount Burdell. All of the lakes in the chain were shallow, even more shallow than Tolay, hardly 20 feet in its deepest spot, but, like Tolay, all of the lakes contained water year round, until after European contact, when the water table in the region dropped 20 to 30 feet in a relatively short period of time.
My ancestors occupied the region. Today we are known as the Federated Indians of Graton Rancheria, descendants of natives identified by early ethnographers as Southern Pomo and Coast Miwok. These are names based on language families: Southern Pomo, a member of the Hokan family; Coast Miwok belonging to the Penutian family. Southern Pomo, with its own various dialects, was spoken from the Santa Rosa plain north, and Coast Miwok southward to and including present-day Sausalito. But until recently, and for purposes of our relationship with the federal government, we never referred to ourselves as Pomo or Coast Miwok. We belonged to one of over a dozen separate nation-states, each composed of 500 to 2,000 individuals, with one or more central villages and clearly defined national boundaries. Most people, regardless of their national affiliation, spoke several languages, some of these languages perhaps quite different from one another—Pomo is as different from Coast Miwok as English is from Urdu.
What we've always known is that Tolay Lake was a great place of healing and renewal, that Indian doctors came from near and far to confer with one another and to heal the sick.
Tolay Lake is in the heartland of the Alaguali Nation, whose principal village, Cholequibit, sat southeast of the lake, bordering San Pablo Bay. The Alaguali knew their homeland intimately; typical of Coast Miwok and Southern Pomo Nations, they practiced controlled burning, maintaining grasslands for elk and pronghorn. They cleared waterways for fishing and hunting waterfowl and cultivated sedge beds, growing long, straight roots for basket-making. From the San Pablo marshes, they fished sturgeon and bat rays. Each nation, it seemed, had something unique that was needed by others. A Southern Pomo Nation near Santa Rosa mined obsidian prized for arrow-making. Southern Pomo and Coast Miwok along the Laguna de Santa Rosa grew the finest sedge. The lagoon was full of perch and bass year round. The Petaluma Nation's vast plains contained the largest herds of elk and deer. The Alaguali had the lake.
It wasn't only local indigenous nations who cherished the lake. Charmstones discovered in the lake bed came from a multitude of places throughout California, and from as far away as Mexico. Many are over 4,000 years old. Certainly California Indians had extensive trade routes. More, the so-called discovery of these charmstones becomes evidence for the stories that continue to be passed down in our families. What we've always known is that Tolay Lake was a great place of healing and renewal, that Indian doctors came from near and far to confer with one another and to heal the sick. Members of a village at the southern end of the lake, not far from Cholequibit, hosted the visitors in several special houses made for fasting and ceremony.
Charmstones vary in length, but most are about 2 to 3 inches long, and most are oblong. Some are simply rounded; the specific shapes of others might suggest a phallic design, prompting some ethnographers and casual observers to think these charmstones were used in fertility rites. Sinkholes bored through some suggest they might've been used for fishing, specifically for anchoring nets. Whatever else charmstones may have been used for, they were used by medicine people to extract illness. The charmstone, in a sense, inherited the sickness, and it had to be destroyed. Drowning was the usual method, whether in Tolay Lake or another body of water. Maria Copa's story reminds us the charmstones were considered living beings—they possessed living spirits like all of the material world. A person could use a charmstone—and the sickness it took from an ill person—to harm another person.
Some of what we know about the Alaguali Nation and area comes from historic records. Father Abella, a Franciscan from Mission Dolores, baptized two elders from the village of Cholequibit in 1811. Randall T. Milliken's meticulous study of mission records indicates that between 1811 and 1818, 151 Alagualic people were baptized—91 at Mission Dolores and 37 at Mission San Jose. Father Jose Altimira, traveling in 1823 from the Presidio in San Francisco to establish Mission San Francisco Solano in present-day Sonoma, stopped near the lake and noted in his journal that the surrounding hills would provide plenty of grass for cattle grazing and that the lake was named after "the chief of the Indians," called Tola.
The landscape, already altered, continued to change, in many places beyond recognition for a person living a generation before. The great herds of elk and pronghorn continued to disappear. Flocks of waterfowl, once rising from the waterways so thick as to block the sun, thinned. Native bunchgrasses, like purple needlegrass, were overrun by European oat grass, spread from seeds in the dung of Spanish and Mexican livestock. After the missions were secularized in 1834, the natives worked for General Vallejo on his Rancho Petaluma, which included Tolay Lake, mostly in some form of indentured servitude, tending his cattle and planting crops.
It was no coincidence, although it was sadly ironic, that General Vallejo, defeated by Americans in the Bear Flag Revolt, helped California lawmakers draft, during their first legislative session in 1850, An Act for the Government and Protection of Indians that legalized Indian slavery—and was not repealed in its entirety until 1937. Indians were separated from families but their aboriginal villages persevered, even as our numbers dropped precipitously. We continued to eat many of our native foods, most notably acorn mush, and continued older religious practices. We made herculean efforts to maintain families, even as the aforementioned 1850 act provided loopholes for Americans to steal our children. J. B. Lewis, an American rancher, who in the 1850s owned land north of Tolay Lake, noticed that Indians—he thought from a local tribe—"stayed a day or two [at the lake] and had some kind of powwow." It was only after William Bihler dynamited the southern end of the lake 20 years later that there were no reports of Indians returning.
At the time of European contact, the combined population of Southern Pomo and Coast Miwok Nations was about 20,000. Some estimates go much higher. Central California, the Bay Area in particular, was home to the densest population of indigenous peoples in North America outside of Mexico City, site of the Aztec capital Tenochtitlán. Ethnographers have often wondered how so many people living so close together speaking so many different languages got along with virtually little physical warfare for 10,000 years—yes, we've been here that long. From atop the ridges surrounding lake Tolay, we watched the Bay grow as it filled with water from the melting glacial ice caps. Believing that everything in nature was alive—and had power—you had to be careful not to mistreat or insult even the smallest pebble on your path. Likewise, people had power, often secret power. Secret songs, spirit guides, and objects such as charmstones protected a person and could be used against one's enemies. If you had to physically assault another person, you revealed that you had no secret power. Physical warfare thus was seen as the lowest form of war since it would suggest that you possessed no spiritual power and could be attacked without worry of retribution.
Ethnographers saw the culture as predicated on black magic and fear. Rather, the culture was predicated on profound respect: You had to be mindful of all life, reminded always that you were not the center of the universe but a part of it. Sickness, whether caused by another human being or from a bird or a simple rock, dislocated one from the world, resulting in, if not continuing, imbalance. Medicine men and women drowned the charmstones to put away the sicknesses that were taken from patients. The sickness was put away and the patient—and the natural world of which the patient was a part—was renewed. Knowing the lake was drained of water and the charmstones exposed, did the Indians fear returning?
For the past several years, the Federated Indians of Graton Rancheria have held their summer picnic at Tolay Lake. We gather to enjoy food and reconnect with family. Booths offer information on language and basketry classes. At one booth, we can trace our ancestry to one or more of 14 survivors from whom we all descend. Children can visit goats and chickens inside the restored barns. Hayrides take us across the dry lake bed and up onto the mountain ridges. Yet even as I give my welcoming speech as Tribal Chairman extolling the virtue of our gathering again in a sacred place, I've often wondered if it is such a good idea for us to be here. The Cardozas gathered charmstones as they planted pumpkins, leaving the lake bed bare—and for a long time displayed the stones in buckets during the Fall Festival. But might not disease and sickness remain in the soil, in the humid air that rises from the lake?
On hayrides, I watch as relatives and friends point from the ridgetops and name ancient villages. "There," a young woman says, looking south below the lake. "Cholequibit. The priest baptized a man and his wife there and named them Isidro and Isidra. They are my ancestors." Another young woman looks west and points. "Olompali. My ancestors are from there. [The priest] baptized them Otilio and Otilia." So many of our people have been lost as a consequence of an ugly history. Too many have lived—often difficult lives—and died with little sense of the homeland, much less of the sacred lake. Seeing these young women and others, some of whom are taking in the views for the first time, I understand something about renewal—about what must have occurred as Indian doctors and their patients left the lake. Didn't the ridgetop views confirm healing, that one was located in place again? Even if Grandpa Tom didn't return to the lake after it was drained, might not he have climbed a ridge to remember Petaluma, the birthplace of his mother?
During a lull in this past winter's endless rain, I went to Tolay. The lake collects water during the winter months, and with the abundant rain, I thought I might see the lake as it once was—or maybe close to what it once was. Archaeologists have noted that the lake's southern membrane was thin, suggesting that people of Alaguali maintained a dam, no doubt regulating waterflow from the lake. I found the water was high, extending from just below the farms' barns to the opposite end of the valley below the hills. A lone osprey flew overhead. Mud hens and mallards bobbed on the muddy water. Under a cloudy sky, I stood and tossed a small piece of angelica root into the water to appease the spirits. I figured if the lake's ridges helped locate my people, then the story of the lake and its charmstones can remind us again of the power within all life. Yes, I thought, imbue reverence.
Then, as I was walking back to my car parked behind the gate above the lake, I began to wonder about my people who might not believe the story. And what of non-Indians who haven't yet heard it? Might not fooling around the lake be dangerous? Thinking has its clever way of taking me out of the moment, and here I was thinking again, lost. Until I reached my car. The sky opened and silvery sunlight covered the land around me. The four mountains in the distance remained covered in the shadow; they seemed to grow out of the land like huge fingers. The lake was below me, flat and broad. All at once I understood something else, or rather I felt it. In that brief moment before the clouds shielded the sun again, I felt what it was like to be held. I was standing in the earth's enormous hand.
Greg Sarris is an author, screenwriter, college professor, and the current Chairman of the Federated Indians of Graton Rancheria. He was appointed in 2005 to fill the Endowed Chair in Native American Studies at Sonoma State University.


Oh be still my beating heart… matcha pancakes? There's nothing that gets your family as excited for breakfast as a nice stack of fluffy culinary matcha pancakes. Here's a recipe that adds some culinary matcha tea powder which makes your pancakes a little healthier. The culinary matcha is not as high grade as the ceremonial matcha which means you get all the health benefits of matcha tea, but at a lower cost.
Beat the the egg, milk, vegetable oil, sugar, and vanilla together in a large bowl. Add the flour, matcha powder, baking powder and salt. Now take mix the batter only until it comes together nicely. Yes, there should still be lumps!
Heat a pan over a low heat and brush with the butter. Use about a 1/4 cup of batter to make some lovely big pancakes. Wait until they bubble, then turn them over and cook for about a minute.
Keep the pancakes warm in the oven until you have a nice stack. Serve with maple syrup and butter.
You can use wholewheat flour for an even healthier pancake.
Add blueberries or bananas for a fruity finish. Peanut butter won't go amiss here either.
Don't need a whole stack of pancakes? You can keep the batter in the fridge for a day or two and milk that pancake high for a couple of days!


text:
{-# LANGUAGE QuasiQuotes, TemplateHaskell #-}

module AMPLParserMeta where

import qualified TypesAMPL as T
import Language.LBNF.Compiletime
import Language.LBNF(lbnf, dumpCode, bnfc)

{-
To use BNFC-Meta first develop your bnfc grammar, and then do the following:

bnfc [lbnf|
  grammar
|]

This will generate via template haskell the code for the lexers and parsers.
-}
bnfc [lbnf|
-- bnfc -m AMPLasm.bnfc
-- make
-- happy -i ParAMPLasm.y
-- ./TestAMPLasm

layout "=" , ":", "as" , "of" , "with" ;
token UIdent (upper (letter|digit|'_')*) ;

Main  .AMPLCODE ::= HANDLES COHANDLES CONSTRUCTORS DESTRUCTORS PROCESSES FUNCTIONS START ;
---------------------------------------------------------------------------------------------
-- An AMPL code file consists of a series of specifcations which can be omitted followed by the code at which one starts.
-- The specifications are:
--      Handles: these are handle names associated with a type.
--      They are hput on output polarity channels and hcased on input polarity channels
--      Cohandles:  these are handle names associated with a type.
--        They are hput on input polarity channels and hcased on output polarity channels
--      Constructors (and number of arguments)
--      Destructors (and number of arguments)
--      Process definitions
--      Function definitions

---------------------------------------------------------------------------------------------

Hand_spec  .HANDLE_SPEC ::= UIdent "=" "{" [Handle] "}" ;
HandName   .Handle ::= UIdent ;
separator HANDLE_SPEC ";" ;
separator nonempty Handle ";";

Constructors. CONSTRUCTORS ::= "%constructors" ":" "{" [STRUCTOR_SPEC] "}" ;
Constructors_none .CONSTRUCTORS ::= ;

Destructors  .DESTRUCTORS ::= "%destructors" ":" "{" [STRUCTOR_SPEC] "}"  ;
Destructors_none .DESTRUCTORS ::= ;

Struct_spec  .STRUCTOR_SPEC ::= UIdent "=" "{" [STRUCT] "}" ;
Struct       .STRUCT ::= UIdent Integer ;
separator STRUCTOR_SPEC ";" ;
separator nonempty STRUCT ";";

Handles  .HANDLES ::= "%handles"  ":" "{" [HANDLE_SPEC] "}" ;
Handles_none .HANDLES ::= ;

Cohandles  .COHANDLES ::= "%cohandles" ":" "{" [HANDLE_SPEC] "}" ;
Cohandles_none .COHANDLES ::= ;

Processes. PROCESSES  ::= "%processes" ":" "{" [PROCESS_SPEC] "}" ;
Processes_none. PROCESSES ::= ;
separator PROCESS_SPEC ";" ;

Process_spec. PROCESS_SPEC ::= UIdent "::" [Vars] "|" [Ident] "=>" [Ident] "=" COMS ;

VName  .Vars ::= Ident ;
separator Vars ",";

Functions  .FUNCTIONS ::= "%functions" ":" "{" [FUNCTION_SPEC] "}" ;
Functions_none .FUNCTIONS ::= ;
separator FUNCTION_SPEC ";" ;

Function_spec  .FUNCTION_SPEC ::= UIdent "(" [Vars] ")" "=" COMS ;

Start  .START   ::= "%run" CHANNEL_SPEC ":" COMS ;

Channel_specf .CHANNEL_SPEC ::= "(" "|" [Ident] "=>" [Ident] ")";
Channel_spec .CHANNEL_SPEC ::= "(" [CInteger] "=>" [CInteger] ")";

Prog    .COMS  ::= "{" [COM] "}";
separator COM ";"  ;

AC_STORE   .COM   ::= "store" ;
AC_STOREf  .COM   ::= "store" Ident;
AC_LOAD    .COM   ::= "load" Integer ;
AC_LOADf   .COM   ::= "load" Ident ;
AC_RET     .COM   ::= "ret";
AC_FRET    .COM   ::= "fret" ;
AC_CALL    .COM   ::= "call" Ident ;
AC_CALLf   .COM   ::= "call" Ident "(" [Ident] ")" ;
AC_INT     .COM   ::= "cInt" CInteger ;
AC_LEQ     .COM   ::= "leq";
AC_ADD     .COM   ::= "add" ;
AC_MUL     .COM   ::= "mul" ;
AC_CONCAT  .COM   ::= "concat" ;
AC_REVERSE .COM   ::= "reverse" ;
AC_CONS    .COM   ::= "cons" "(" Integer "," Integer ")" ;
AC_STRUCT  .COM   ::= UIdent "." UIdent ;
AC_STRUCTas.COM   ::= UIdent "." UIdent "(" [Ident] ")" ;
AC_CASE    .COM   ::= "case"  "[" [COMS] "]"  ;
AC_CASEf   .COM   ::= "case" "of"  "{" [LABELCOMS] "}"  ;
Labelcoms . LABELCOMS ::= UIdent "." UIdent ":" COMS ;
separator COMS ",";
separator LABELCOMS ";";

AC_RECORD  .COM ::= "rec" "[" [COMS] "]" ;
AC_RECORDf .COM ::= "rec" "of"  "{" [LABELCOMS] "}"  ;
AC_DEST    .COM ::= "dest" Integer Integer ;
AC_GET     .COM ::= "get" CInteger ;
AC_GETf    .COM ::= "get" Ident ;
AC_HPUT    .COM ::= "hput"  CInteger  Integer ;
AC_HPUTf   .COM ::= "hput" Ident  UIdent "." UIdent;
AC_HCASE   .COM ::= "hcase" CInteger "of" "[" [COMS] "]"  ;
AC_HCASEf  .COM ::= "hcase" Ident "of"  "{" [LABELCOMS] "}"  ;
AC_PUT     .COM ::= "put" CInteger ;
AC_PUTf    .COM ::= "put" Ident ;
AC_SPLIT   .COM ::= "split" CInteger "into" CInteger  CInteger ;
AC_SPLITf  .COM ::= "split"Ident "into" Ident Ident    ;
AC_FORK    .COM ::= "fork" CInteger "as" "{" CInteger "with" [CInteger] "as" COMS ";" CInteger "with" [CInteger] "as" COMS "}" ;
AC_FORKf   .COM ::= "fork" Ident "as" "{" Ident "with" [Ident] "as" COMS ";" Ident "with" [Ident] "as" COMS "}" ;
AC_PLUG    .COM ::= "plug" [NCInteger] "as" "{" "[" [CInteger] "]" "with" COMS ";" "[" [CInteger] "]" "with" COMS "}" ;
AC_PLUGf   .COM ::= "plug" [NIdent] "as" "{" "[" [Ident] "]" "with" COMS ";" "[" [Ident] "]" "with" COMS "}" ;
AC_RUN     .COM ::= "run" "[" [TRAN] "]" UIdent ;
AC_RUNf     .COM ::= "run" UIdent "(" [Ident] "|" [Ident] "=>" [Ident] ")" ;

separator nonempty NCInteger "," ;
separator nonempty NIdent "," ;
separator Ident "," ;
separator TRAN "," ;

TranIn1. TRAN ::= "(" Integer "," "IN" "," Integer ")" ;
TranIn2. TRAN ::= "(" Integer "," "OUT" "," Integer ")" ;

Ncinteger .NCInteger ::= CInteger ;
Nident .NIdent ::= Ident ;

AC_CLOSE   .COM ::= "close" CInteger ;
AC_CLOSEf  .COM ::= "close" Ident ;
AC_HALT    .COM ::= "halt" CInteger ;
AC_HALTf   .COM ::= "halt" Ident ;

Positive   .CInteger ::= Integer ;
Negative   .CInteger ::= "-" Integer ;
separator CInteger "," ;

-----------------------------------------------------------------------------------
--
-- Comments
--
------------------------------------------------------------------------------------

comment "--" ;
comment "{-" "-}" ;

|]

redpajama_set_name: RedPajamaGithub


text:
import React, { Component, } from 'react';
import { View, } from 'react-native';
import ColumnStyle from '../styles/Style';
import validateText from '../validateProp';

class Column extends Component {
  render() {
    return (
      <View style={ColumnStyle(this.props.flex, this.props.color, this.props.hAlign, this.props.vAlign)}>
        {this.props.children}
      </View>
    );
  }
}

Column.defaultProps = {
  flex: 1,
  color: 'transparent',
  hAlign: 'stretch',
  vAlign: 'center',
}

Column.propTypes = {
  flex: React.PropTypes.number,
  color: React.PropTypes.string,
  hAlign: React.PropTypes.string, /* ['flex-start', 'flex-end', 'center', 'space-around'] */
  vAlign: React.PropTypes.string, /* ['flex-start', 'flex-end', 'center', 'stretch'] */
}
export default Column;


The Directorate of Refugee Administration is guided by the Namibian Refugees (Recognition Control Act) Act no. 2 of 1999 and the universal level, is governed by the 1951 UN Convention, the 1967 Protocol relating to the status of Refugees and the 1969 OAU Convention governing the specific aspects of Refugee problems in Africa.
Asylum Seeker on arrival in Namibia should report to the law enforcement at Osire Refugee Settlement. On arrival in Osire he/she will be registered and served with the application form for refugee status and issued with arrival form and also entered into the master list for food ration and shelter.
He/she will be interviewed for refugee status and such interview will be presented to the Namibian Refugees Committee (NRC) for consideration and recommendation to Commissioner for Refugees to grant or to refuse the refugee status to persons who have applied in terms of the act for such status; once he/she is granted refugee status will be issued with refugee identification document.
If he/she is rejected by the Commissioner for Refugees will be served with notice letter informing him/her that if not satisfied with the decision of the Commissioner he/she have 14 days to appeal to Namibia Refugees Appeal Board. Once the case was final rejected by that body he/she is given 90 days' notice to leave the Republic of Namibia and the names are forwarded to Immigration and Border Control.
On the other hand if a recognized refugees wish to travel outside Namibia for reasons of study, medical and business purpose, he/she will be issued with Namibia Travel Document if he/ or she have applied and a payment of N$ 80,00 should be paid to the Ministry after approval.
In Osire Refugee Settlement if refugees and asylum Seekers request for exit they are issued with the exit permit depending on the reason given to the Settlement Administrator by the applicant to visit other towns, the exit permit is issued by the Settlement Administrator.


text:
Йиндржих I из Рожмберка (; ум. 4 июля 1310, Прага) — средневековый чешский феодал и государственный деятель из рода Рожмберков. Высочайший коморник Чешского королевства в 1301—1310 годах. Перенёс административно-экономический центр рожмберкских владений в Чески-Крумлов.

Происхождение и молодые годы
Йиндржих I был сыном основателя панского рода Рожмберков, высочайшего маршалка Чешского королевства Вока I из Рожмберка (ум. 1262), занимавшего высокое положение при дворе короля Пршемысла Отакара II, и Гедвиги фон Шаумбург (ум. 1315), происходившей из влиятельной верхнеавстрийской феодальной семьи и бывшей на много младше своего мужа. Когда в 1262 году умер отец, Йиндржих и его брат Витек были ещё малолетними детьми, поэтому первые письменные упоминания о братьях относятся уже к семидесятым годам XIII века.

Несовершеннолетние Йиндржих и Витек (ум. 1277), судя по всему, проживали совместно с матерью, поскольку в первых источниках они упоминаются вместе: в грамоте 1271 года Гедвига с сыновьями пожертвовали Вишебродскому монастырю храм в Рожмберке, а в грамоте от 19 марта 1272 года они вновь вместе пожертвовали тому же монастырю несколько деревень. 19 марта 1274 года молодые Йиндржих и Витек присутствовали на собрании Витковичей в Рожмберке и, вероятно, в 1276 году присоединились к мятежу Витковичей против короля Пршемысла Отакара II. Участие Йиндржиха из Рожмберка в феодальном мятеже против короля, видимо, было несущественным и Йиндржих вскоре примирился с Пршемыслом Отакаром. Незадолго до битвы на Моравском поле Йиндржих составил завещание, датированное 13 июля 1278 года, в котором отказал Вишебродскому монастырю ещё четыре деревни. Судя по всему, Йиндржих из Рожмберка участвовал в битве на стороне короля. Накануне сражения он был среди тех дворян, которые пытались примирить короля с Завишем из Фалькенштейна (ум. 1290).

Расширение владений и служба при дворе
Достигнув совершеннолетия и приступив к самостоятельному управлению родовыми имениями, Йиндржих I продолжил материально поддерживать и развивать Вишебродский монастырь, основанный его отцом и ставший фамильной усыпальницей панов из Рожмберка. В 1281 году он передал во владение монастыря ещё 8 деревень и подтвердил все пожалования монастырю, сделанные при жизни его покойными отцом и братом Витеком. В это же время Йиндржих из Рожмберка, очевидно, близко сошёлся со своим дальним родственником Ольдржихом из Градца, который часто фигурирует в качестве свидетеля в грамотах Йиндржиха на протяжении 1281—1303 годов. Более того, Ольдржих достиг с королём Вацлавом II соглашения о том, что в случае отсутствия у Ольдржиха сыновей наследником его владений станет Йиндржих из Рожмберка. В период фактического правления Завиша из Фалькенштейна Йиндржих был его сторонником, о чём свидетельствуют сохранившиеся грамоты 1284—1285 годов, в которых Йиндржих из Рожмберка выступает свидетелем на стороне Завиша. 24 мая 1284 года Йиндржих I вместе с ведущими представителями рода Витковичей подписал соглашение о мире и дружбе с представителями других влиятельнейших фамилий королевства, призванное прекратить нарастающее противостояние в среде чешского дворянства.

В 1285 году Йиндржих продал селение Невеклов Здеразскому монастырю каноников Гроба Господня, при этом он сделал каноникам скидку на 40 гривен взамен на обязательство монастыря трижды в год обеспечивать постой Йиндржиха и 25 человек его свиты в Невеклове во время его поездок в Прагу. Спустя два года Йиндржих выменял у Завиша из Фалькенштейна деревни Стадлец и Кршида, которые затем включил в состав панства Пршибенице. В это же время начинается и придворная карьера Йиндржиха из Рожмберка — он принимает участие в достижении мирного соглашения между королём Вацлавом II и герцогом Австрии Альбрехтом I Габсбургским, подписанного 16 мая 1288 года. В том же году начался очередной мятеж Витковичей против королевской власти, вызванное арестом Завиша из Фалькенштейна, и Йиндржих покинул королевский двор, примкнув к своим восставшим родственникам. Весной 1290 года Йиндржих I отошёл от дальнейшего участия в продолжавшемся мятеже и, судя по всему, примирился с королём.

Вернувшись ко двору, Йиндржих продолжил укрепление и расширение родового домена (т. н. «Рожмберкская доминия»). В самом конце века он, вероятно, приобрёл у своего дальнего родственника Ойиржа из Ломнице селение Клокоты (ныне пригород Табора). 12 апреля 1300 года он заключил соглашение со своей матерью Гедвигой, по условиям которого Йиндржих становился единственным наследником её имений, а в 1302 году Йиндржиху по завещанию перешли все владения пресекшейся крумловской ветви Витковичей. После этого Йиндржих I сделал Чески-Крумлов своей новой резиденцией и административно-экономическим центром рожмберкского домена, приложив немалые усилия для развития города и всего Крумловского панства. Среди унаследованных владений было и панство Виткув-Камен.

В это же время король назначил Йиндржиха из Рожмберка на должность высочайшего коморника — одну из важнейших придворных должностей Чешского королевства (в этой должности Йиндржих впервые упоминается в грамоте от 6 января 1301 года, но вполне вероятно, что занял он её несколько раньше), которую он занимал до конца своей жизни. Будучи одним из высших вельмож государства, Йиндржих из Рожмберка в 1305 году находился у смертного одра короля Вацлава II, когда тот сообщил свою последнюю волю. В следующем году во время похода нового короля Вацлава III (1305—1306) в Польшу Йиндржих занял одну из ключевых позиций при оставленном королём управлять Чехией Генрихе Хорутанском. В 1307 году при короле Рудольфе I Габсбургском (1306—1307) Йиндржих получил в залоговое держание королевский замок Звиков в обеспечение обещанной королём передачи ему графства Раабс (по некоторым данным, документ о передаче Йиндржиху Звикова был составлен Йиндржихом от имени короля на следующий день после смерти Рудольфа I). После смерти Рудольфа Йиндржих из Рожмберка признал новым королём Чехии Генриха Хорутанского, который 13 сентября 1307 года передал ему Звиков с панством в наследственное залоговое держание. 14 августа 1308 года в Зноймо было подписано мирное соглашение между Генрихом Хорутанским и герцогом Австрии Фридрихом Красивым, одним из свидетелей чего был высочайший коморник Йиндржих из Рожмберка, поставивший свою подпись под этим документом.

Вскоре, однако, Йиндржих из Рожмберка перешёл в стан дворянской оппозиции королю Генриху Хорутанскому и в январе 1310 года вместе с Йиндржихом из Липы, Яном из Вартенберка и другими виднейшими представителями чешской знати принял участие во встрече с императором Генрихом VII в Нюрнберге, где чешские аристократы предложили Генриху женить его сына Иоганна Люксембургского на чешской принцессе Элишке Пршемысловне и избрать Иоганна на чешский престол. Йиндржих, однако, не дожил до коронации Иоганна Люксембургского королём Чехии — 4 июля 1310 года (по данным чешского историка Августа Седлачека, 22 сентября 1310 года) Йиндржих I из Рожмберка умер и был погребён в Вишебродском монастыре. Согласно «Рожмберской хронике» Вацлава Бржезана, Йиндржих «с усердием руководил земскими делами и на важнейшей работе оставался в Праге, на граде Пражском занемог, в год Господень 1310 в день благословенного Прокопа исповедника жизнь свою окончил, для похорон в Вишебродский монастырь увезён и там погребён». После смерти Йиндржиха должность высочайшего коморника Чешского королевства занял его единственный сын Петр I из Рожмберка.

Семья
Йиндржих I из Рожмберка был женат на Альжбете (Элишке) (ум. 22 января 1307), дочери или сестре пана Мутины из Костомлат (впервые вместе с супругой Йиндржих упоминается в документе, датированном 11 ноября 1281 года). В этом браке родилось пятеро детей — один сын и четыре дочери:
 Петр I из Рожмберка (ум. 1347) по прозвищу Кающийся или Доблестный () — наследовал все владения отца, с 1310 года занимал должность высочайшего коморника Чешского королевства;
 Йогана (Йоганка) из Рожмберка (ум. 3 февраля 1317) — супруга северочешского пана Бенеша из Михаловиц (по данным Вацлава Бржезана, супруга его отца Яна I из Михаловиц);
 Маркета из Рожмберка (ум. 14 июня 1357) — супруга южночешского пана Бавора III из Стракониц (ум. 1317);
 Анежка из Рожмберка (годы жизни не известны) — супруга северочешского пана Пертольда из Липе (ум. 1347);
 Элишка из Рожмберка (ум. около 1344) — супруга моравского пана Вока II из Краварж.

Примечания

Литература

Ссылки

Рожмберки
Высочайшие коморники Чешского королевства

redpajama_set_name: RedPajamaWikipedia


My name is Diane Stokes. I have been a teacher for thirty years and have taught all grades from K through high school. I even taught English to adults for a year while living in Spain! I have a Bachelor of Science degree from Syracuse University and a Masters degree in Bilingual Bicultural Studies from University of Texas. I have one son who has graduated from college and is starting medical school. I am so happy to be starting my fifteenth year at my favorite school - Cerritos! I am looking forward to a terrific year with a class of awesome kids!


text:
Giving Boredom a Chance: A View from New York
This is the second essay in our short series examining the ways that the current health crisis has impacted those of us who sit at the intersection of martial arts practice, communities of martial artists, and Martial Arts Studies. As with most of our discussions at Kung Fu Tea, this one straddles the line between practitioners whose lives have been upended by these events, and scholar who seek to make sense of this moment in history. To some degree we all fall into both camps. That fact should remind us of the value of community when facing challenges such as this, and it is my hope that some of these essays might reinforce those communal bonds. The following reflections are my own initial contributions to the series. If you would like to share some of your experiences or thoughts about the theoretical implications of all of this, please feel free to send me an email.
Fear and Boredom in New York
First off, I would like to assure everyone that I am healthy and well despite the fact that I live in New York State, where close to half of all COVID-19 cases in the United States have been reported. If the current projections coming from the Governor's office are accurate, over the next 3-4 weeks we are expecting 16,000 deaths in our state alone. While everything has been officially locked down for the last two weeks, this more deadly phase of the crisis is only just beginning.
In purely geographic terms Ithaca is far from the five boroughs of New York City, where the worst of the crisis is currently unfolding. But in other ways it is disturbingly close. My wife grew up in Manhattan, I attended graduate school at Columbia and one of my younger brothers is currently sheltering in place on the upper west side. Recent estimates that up to 50% of the residents of New York City might contract this disease are far from comforting.
Ithaca, where Cornell University is located, has traditionally enjoyed a close relationship with New York City and it resides within its cultural sphere. The two are linked by frequent direct commuter flights and several bus lines. Students from Cornell and Ithaca College travel to and from the city. My university even maintains a second medical campus there. Wealthy residents from the city also come to the Finger Lakes region to enjoy their vacation homes or visit the area's many vineyards and natural attractions.
It is no surprise that Cornell closed its campus earlier than some other educational institutions in the state, or that Ithaca's residents have taken the advice about social distancing very much to heart. The daily news updates about the situation in New York City are like watching a train crash in excruciating slow motion. At this point there is little doubt as to how it is all going to end. Yet there is nothing to do except sit and watch the tragedy unfold.
As someone with a "compromised respiratory system" I personally have been advised to limit my exposure to pretty much everything and have taken appropriate precautions. I get up early in the mornings, before other people hit the streets, and jog alone on country roads. Other than that, I haven't been out of the house in three weeks. I have managed to create a fair amount of structure for myself. I still have mountains of readings and various writing projects to work on. Sadly, the most important of these has come to complete standstill as it involved on-going archival research at Cornell. It is unlikely that any of that will resume soon.
I think that academics have some advantages when it comes to digesting the "new normal." Many (though not all) of us have some financial security. And the sort of work that we do often lends itself to the home environment (at least in the humanities and social sciences). Almost all of us learned how to structure our time and to be productive during through periods of relative isolation as a precondition for surviving graduate school.
Still, I find myself struggling to stay focused, or to prioritize which task most needs my time and attention now that my main research project has been put on hold. It is difficult to resist the temptation to spend too much time reading the news, or watching TV, for all of the same reasons that it is difficult to look away from the scene of a car crash. I am fortunate in so many ways, but it is sometimes a struggle hold back feelings of self-doubt. Low grade fear about the future does little to improve one's workflow as a writer. My discount rates, to use a concept from the field of economics, have just become too high. Should I really spend weeks working on a new book proposal when it will be months before anyone is in the office to read it?
If anxiety has been my primary sparring partner, I think that boredom is currently my greatest asset. No one likes being bored. Modern civilization has created one technology after another to banish it to the far recesses of our collective memory. I am convinced that it was the fear of boredom, more than any real necessity, that drove the creation of smart phones and the boom of social networks. But in even the most gilded of lockdowns, there is no way to actually escape boredom. One can only scan the headlines, or check Instagram, so many times a day. At some point we all find ourselves staring off into the middle distance.
While never pleasant in the moment, this is actually a good thing. In a neo-liberal world obsessed with statistics, check lists and productivity it is all too easy to lose track of your own sources of inspiration and creativity. When the outside world drowns out our sense of self, we may manage to remain "productive," but often at a terrible cost to the things that we create. The resolve to do something new, to pick up an important but difficult book, or to really rethink our basic assumptions is often born out of boredom. Boredom is the forge that great books have been created in. It provides us with the silent moments necessary for our most original insights to emerge.
My own sense of aimlessness seems to have reached a productive peak a couple of days ago. Nothing was clicking and I found myself just starring at an empty document or (worse yet) a browser. Then, at about 10:30 at night, one new thought led to another and another and another in quick succession. I found myself scribbling down questions, theories and possible titles for close to an hour. Boredom, like everything else, has a tipping point.
It seems likely that our current crisis will last many months. The challenge is to accept this time as a precious resource rather than an invitation for fear. The happier and more productive we are indoors, the less likely we are to head out. And that might be the most important thing that we (not) do.
Transformation and the Death of Secrecy
For the last several weeks a sense of panic has been palpable in the corners of the martial arts community which I frequent. A number of political commentators are misreading recent history when they complain about "the government" shutting down market activity and driving us into what is sure to be a difficult recession. That may have been the case in other areas of the United States, but it is not what I observed in New York.
As cases of the virus began to be diagnosed there was a broad-based movement within both the economic and civil spheres to begin shutting things down well before the actual state mandates came through. No one told Cornell to shutter their campus. That decision was reached before the Governor ordered the closure of the other state schools. Likewise, no one told the martial arts schools that I have trained and conducted ethnographic research at to close their doors. Each of them began to cancel classes and put contingency plans in place several days before the order shutting down gyms and health clubs actually came. New York State's economy wound itself down, and martial arts schools actually seem to have been at the forefront of this wave of voluntary closures.
This is an important fact to consider. Most martial arts in the United States are taught via public classes organized by small businesses. These corporations are typically very small and most of them are owner-operators. The lack of consolidation in this sector of the economy suggests how little profit there actually is in teaching Taijiquan, Taekwondo, or even BJJ. While fitness may be a 30 billion dollar industry in the US, relatively little of that flows into martial arts training. Real estate is typically the principal expense faced by these businesses and many of them, especially the traditional arts, now have a student body that is middle aged or older.
The unique nature of the novel coronavirus which causes COVID-19 poses an existential threat to all sorts of martial artists working in a brick and mortar setting. The sorts of heavy panting and gasping that good martial arts classes encourage seem custom made to spread viruses which can disperse themselves in aerosol form. Even normal breathing and speech may be enough to effectively transmit this virus. Given these realizations, the intimacy of training makes any sort of partner work particularly problematic. Everyone is constantly wiping sweat from their faces, and one does not even want to think about all of the surfaces within a school that those hands will touch. Even weapons classes, which typically work at a greater distance, are not safe. The reliance on common pool of, difficult to disinfect, safety gear in many clubs (fencing masks, gloves, etc.) might make them even more hazardous. I suspect the days of club supplied loaner gear are now behind us forever.
At one of the schools where I conduct ethnographic research the BJJ group was the first to close down their classes, a full week before everyone else. The traditional martial arts quickly switched to solo drills, and then took the additional step of limiting class attendance. Only two days later they decided that the cost-benefit analysis was not in their favor. The western style fitness and conditioning classes were pretty much the last to go.
All of these classes have switched to a video format in an attempt to preserve their communities and revenue stream. Good commercial real estate is never cheap, and students are being asked to maintain their monthly memberships if possible. While they have had some initial success, it remains to be seen how all of this will continue to play out as unemployment skyrockets and household budgets begin to collapse.
Given the likelihood of a prolonged period of shutdown stretching into the summer, one commentator recently characterized COVID-19 as an "extinction level event" for small businesses in the United States. I would tend to agree with assessment. How many martial arts schools have 3-4 months of operating cash on hand? I am sure that when the dust settles many organizations will look to rebuild, but with few resources and facing a devasted consumer base, one has to wonder how successful they will be. The entire fitness industry is facing many of these same issues right now.
One of the most interesting things to watch has been the scramble of all sorts of martial arts and fitness instructors to move their programs on-line in an attempt to sustain community bonds and preserve some aspect of their previous revenue stream. Perhaps I find this to be particularly fascinating as the very same thing is happening in the educational sector. All of my University colleagues have spent the last few weeks furious re-writing their syllabi and exploring options for on-line instruction. If only I had known to buy stock in Zoom in January!
Not every sort of practice works equally well in this format, and certain core topics within the martial arts just can't be explored at all. One also wonders whether the move to virtual instruction will select for a new set of winners and losers within the martial arts sector. I have been stunned with the amount of previously "secret" or tightly held material that I have seen going on-line in the last week. At least some of this has been driven by a humanitarian desire to give students the tools they need to face the current crisis. I have also been impressed by the number of martial arts students who are willing to plunk down their hard-earned cash for a virtual workshop.
At the same time, most of these classes are charging less than the going rate in a school, so it will becoming increasingly important, as the crisis deepens, to have a larger number of virtual students each paying $5 or $8 for the class. While this technology makes certain kinds of private classes possible, in general the virtual classroom seems to advantage economies of scale, leading to exactly the sorts of pressures for consolidation that the martial arts sector has previously managed to avoid. The more famous instructors in the better-known styles will have a huge head start as this process gets under way. And anyone who was already producing this material, or running an on-line student portal, now has a critical first mover advantage.
I fully expect that several smaller organizations and struggling styles are about disappear from the landscape. One also wonders what the future landscape of martial arts will look like, at least in the post-industrial West. After a decade of near constant derision, we are seeing an upswing of interest in both forms training and qigong. One would be hard pressed to think of better exercises to do in isolation, along with a certain amount of strength and endurance training. Additionally, numerous people have noted that these sorts of practices might be the next best thing to therapy for individuals facing prolonged periods of isolation, unemployment and anxiety. Everyone has once again become very interested in Taijiquan's supposed abilities to boost the immune system.
On the other hand, Ithaca has recently seen a number of instances of anti-Asian abuse and discrimination. More serious attacks in other places have been classified by the FBI as hate crimes. The rise of interest in Asian martial arts in the West was driven by the birth of different types of cross-cultural desire. Japan as the first object of Western fasciation, followed later in the post-war era by China and then other locations in South East Asia. The sudden explosion of interest in Kung Fu during the 1970s and 1980s was only one aspect of a broader reappraisal Chinese culture.
The brewing political dispute over where to place the blame for COVID-19 will likely do long lasting damage to China's reserves of "soft power" in the West. At the same time, the Chinese government is seeking to use American and European disarray in dealing with the epidemic to undermine the cultural appeal of the liberal democratic model of governance throughout much of the developing world. Moments of historic crisis have often served as the backdrop for the rise of new hegemonic powers within the international sphere. Whether China's hopes to use the current moment in this way will come to fruition is very much an open question. Yet its decreased soft power in the West, combined with a general turn towards culture closure often seen in moments of crisis, might be very damaging to the long-term health of the East Asian arts.
How Do we Think About This?
It might be some time before we are able to definitively address any of the questions outlined above. At this point the United States is still in the beginning phases of its crisis. It remains unclear what our ultimate casualty figures will be, but the "best case" projections look bleak. Nor is it known what sorts of direct losses the martial arts community will face, either in the United States, or across a number of smaller states in the developing worlds which have fewer resources to weather the on-coming storm. The ultimate impact of all of this may only become clear years after the recovery period begins. That isn't uncommon when looking at periods of major realignment.
What should we, as students of Martial Arts Studies, be doing now? First, I advocate putting down the smartphone, picking up those books you have been meaning to read and embracing a certain level of boredom. When was the last time that any of us had an opportunity to focus deeply on our own thoughts and personal practice? None of us would have wished for the present circumstances. On Instagram moments of personal introspection and intellectual creativity always seem to happen on a beach in Bali, or possibly Thailand. Still, we can embrace the opportunities that we have here and now.
Second, this is the time to reach out and reinforce the communities of scholarship and practice that we have been part of. We need to do this for the most basic human reasons. A little boredom can be great for creativity, but isolation is often corrosive. We should do everything that we can to promote and patronize the martial arts teachers in our own communities. That is an important responsibility that we all have. Given that everyone finds themselves with time on their hands, now is a great time to sign up for an on-line class or seminar which will enrich your personal training.
At the same time, we need to acknowledge that much of what is happening within the martial arts community is beyond our control. Crisis is always a time of realignment and change. Some of the shifts that we will see may be positive, but other will not. It is still too early to propose theories as we are not yet sure which puzzles will be the most interesting. But I would like to encourage anyone reading this essay to document everything you are seeing within the martial arts community. If a school doesn't come back when the lockdown ends, talk to its teacher and record their oral history. If you spot an on-line class that is succeeding and growing, sign up and take notes on what they are doing. The observations that we make now will become the grist for next year's paradoxes and papers. As society changes it is inevitable that martial arts will evolve. So will Martial Arts Studies.
If you enjoyed this you might also want to read: Cheung Lai Chuen, Creator of Pak Mei (White Eyebrow)
Biography, Chinese Martial Studies, Martial Studies
COVID-19, Field Research, Health, martial arts, Martial Arts Studies, New York City, New York State, safety, supporting the community
One thought on "Giving Boredom a Chance: A View from New York"
Barbra Ann
Ben and family ~ stay safe. My tai chi/qigong practice has always been a comfort here at home. I miss my class but reading connects me to the world as do online resources. Recently I posted this in a FB group [discussion deep psychology] that [I thought] would appreciate it: "Conscious Breathing ~ Hands on the lower dantien, on the inhale [tongue on roof of mouth, tongue touching teeth] . . . . . [air fills sinuses] . . . . hold three seconds . . . . on the exhale through the mouth [air from lungs is consciously exhaled in a whispering whoosh using lips ] . . . . turn head right and left on each inhale . . . . return to center on exhale, sink. That's the beginning of every class. . . .[with a mobius gif] " and a bunch of responses from people appeared instantly asking about qigong breathing. Then, the post was taken down because it apparently was 'outside the parameters' of the 'academic' discussion. I was taken aback. People are stressed and everyone knows it. I live in NYS also where the urgency is palpable. The 'soft power' of China might be the Internal Martial Arts. The oil crisis of 1973 taught the US that being dependent on OPEC and its cartel doesn't work. Despite the rush of fracking for natural gas, we fell back into a 'dependent' position with regard to our supply chain. We can't seem to 'learn our lesson' [speaking for the captain of industry]. We will never be the same after this. From my perch here on L. Ontario, I read the history of Chinese mythology, the intricacies of qigong medicine, the insights of China. BTW, reading on Kindle your book, 'The Creation of Wing Chun' which is teaching me aspects of southern Chinese history, Hong Kong experience and the role of media in expanding this 'refuge' people have in identifying with martial arts to 'ride out' difficult and dangerous times. 🌤 ~ Barbara in Hilton NY [outside Rochester] http://flyingcormorant.blogspot.com

redpajama_set_name: RedPajamaCommonCrawl


1. Wherever rights acknowledged and protected by the Constitution of the United States are denied or invaded by state legislation which is sustained by the judgment of a state court, this Court is authorized to interfere. Its jurisdiction, therefore, to reexamine such judgment cannot be defeated by showing that the record does not in direct terms refer to some constitutional provision nor expressly state that a federal question was presented. The true jurisdictional test is whether it appears that such a question was decided adversely to the federal right.
2. The provision in that Constitution that no state shall pass a law impairing the obligation of contracts is a limitation upon the taxing power of a state as well as upon all its legislation, whatever form it may assume. Therefore a law changing the stipulations of a contract, or relieving a debtor from a strict and literal compliance with its requirements, enacted by a state in the exercise of that power is unconstitutional and void.
3. A city, when it borrows money and promises to repay it with interest, cannot, by its own ordinances, under the guise of taxation, relieve itself from performing to the letter all that it has expressly promised to its creditors.
4. Debts are not property. A nonresident creditor of a city cannot be said to be, in virtue of a debt which it owes him, a holder of property within its limits.
"such assessments on the inhabitants of Charleston, or those who hold taxable property within the same, for the safety, convenience, benefit, and advantage of the city as shall appear to them expedient."
Under this power, there was an ordinance of the city, ratified March 22, 1870, "to raise supplies for the fiscal year ending Dec. 31, 1870." Sec. 1 authorizes and requires the city appraiser to assess a tax of two cents upon the dollar of the value of all real and personal property in the city for the purpose of meeting the expenses of the city government for the current fiscal year.
Sec. 3 directs that the tax assessed on city stock shall be retained by the city treasurer out of the interest thereon, when the same is due and payable.
Murray, as a holder, brought suit, Nov. 17, 1871, in the Court of Common Pleas for the County of Charleston against the City Council of Charleston to recover the amount of the tax which the treasurer had retained out of the interest due to him, alleging that the said tax was illegal.
The answer of the council, among other matters, sets forth that the stock was duly assessed and that it was not expressly exempted from taxation by the ordinance under which it was issued.
1. That the plaintiff has been, since January, 1870, the holder and owner of $35,262.33 of six percent stock issued by defendant, the interest thereon payable quarterly.
3. That the defendant owed the plaintiff for interest on his said stock the several sums set forth in the fourth paragraph of the complaint, on the several days therein named, and that it paid the same to him, less certain sums retained.
4. That the several sums so retained by the defendant, amounting in all to $440.75, were by the defendant kept as the amount of taxes due from the said plaintiff to the said city, being a tax at the rate of two percent per annum upon the principal of said stock, said tax being imposed by virtue of the ordinance of the said City Council of Charleston, ratified March 22, 1870, entitled "An ordinance to raise supplies for the fiscal year ending Dec. 31, 1870," and a similar ordinance, ratified March 1, 1871, to raise supplies for the fiscal year ending Dec. 31, 1871, and that said stock was not specifically exempted from taxation by the ordinance under which it was issued.
5. That the plaintiff, by his agent, protested against the deduction of said tax and duly entered his protest on each receipt for interest on said stock.
1. That the City Council of Charleston, as a municipal corporation, has a right, under the constitution and laws of the state, to tax the property of the plaintiff invested in stock issued by it, said stock not being specifically exempted by law from taxation nor being exempt from taxation by the ordinance under which it was issued.
2. That the City Council of Charleston had a right to collect the tax imposed on the property of the plaintiff in said stock by retaining the amount of such tax out of payments made to the plaintiff on account of the interest due thereon, and the plaintiff cannot recover the same.
1. That plaintiff, being resident in a foreign country, is not liable to the tax levied and retained by the city council.
2. That the laws of the state do not authorize the city council to levy and retain a tax upon its own stock.
"existed at the time of the contract, and so entered into it as to become one of its necessary elements and attributes. The obligation of the contract was not impaired by the imposition of the tax, because it was a property which attached to the contract."
was given for the defendant. This judgment was subsequently affirmed by the supreme court, and the record is now before us, brought here by writ of error. It is objected that we have no jurisdiction of the case because, it is said, no federal question was raised of record or decided in the court of common pleas, where the suit was commenced.
"make such assessments on the inhabitants of Charleston, or those who hold taxable property within the same, for the safety, convenience, benefit, and advantage of the city as shall appear to them expedient."
"where is drawn in question the validity of a statute of, or an authority exercised under, any state on the ground of their being repugnant to the Constitution, treaties, or laws of the United States and the decision is in favor of their validity."
Not a word is said respecting the mode in which it shall be made to appear that such a question was presented for decision. In the present case, it was necessarily involved, without any formal reference to any clause in the Constitution, and it is difficult to see how any such reference could have been made to appear expressly.
"that it is not necessary the question should appear on the record to have been raised, and the decision made in direct and positive terms, in ipsissimis verbis, but that it is sufficient if it appears by clear and necessary intendment that the question must have been raised, and must have been decided, in order to have induced the judgment."
This case was followed by Armstrong v. Treasurer of Athens County, 16 Pet. 281, where it was held sufficient to give this Court jurisdiction if it appear from the record of the state court that the federal question was necessarily involved in the decision and that the court could not have given the judgment or decree which they passed without deciding it. See also Bridge Proprietors v. Hoboken Company, 1 Wall. 116, and Furman v. Nichol, 8 Wall. 44.
by pleading its own ordinances directing its officer to withhold the two percent of the interest promised whenever it became due and payable according to the stipulations of the contract, calling the amount detained a tax. Of course the question is directly presented whether the ordinances are a justification; whether they can and do relieve the debtor from full compliance with the promise -- in other words, whether the ordinances are valid and may lawfully be applied to the contract. The court gave judgment for the defendant, which would have been impossible had it not been held that they have the force of law, notwithstanding the Constitution of the United States, and the supreme court affirmed the judgment. Our jurisdiction, therefore, is manifest.
"True, our assumption was to pay to you quarterly a sum of money equal to six percent per annum on the debt we owe you. Such was our express engagement. But we now lessen our obligation. Instead of paying all the interest to you, we retain a part for ourselves, and substitute the part retained for a part of what we expressly promised you."
of a right in the creditor to change its terms, a right reserved when the contract was made -- unless some power was withheld, not expressed or disclosed, but which entered into and limited the express undertaking. But how that can be -- how an express contract can contain an implication or consist with a reservation directly contrary to the words of the instrument, has never yet been discovered.
It has been strenuously argued on behalf of the defendant that the State of South Carolina and the City Council of Charleston possessed the power of taxation when the contracts were made, that by the contracts the city did not surrender this power, that therefore the contracts were subject to its possible exercise, and that the city ordinances were only an exertion of it. We are told the power of a state to impose taxes upon subjects within its jurisdiction is unlimited (with some few exceptions), and that it extends to everything that exists by its authority or is introduced by its permission. Hence it is inferred that the contracts of the City of Charleston were made with reference to this power, and in subordination to it.
"You need not pay to your creditor all of what you have promised to him. You may satisfy your duty to him by retaining a part for yourself, or for some municipality, or for the state treasury."
Much less can a city say, "We will tax our debt to you, and in virtue of the tax withhold a part for our own use."
"involve two contradictory things: an obligation to do and a right not to do; an obligation to pay a certain sum and a right to retain it in the shape of a tax. It is against the rules both of law and of reason to admit by implication in the construction of a contract a principle which goes in destruction of it."
The truth is, states and cities, when they borrow money and contract to repay it with interest, are not acting as sovereignties. They come down to the level of ordinary individuals. Their contracts have the same meaning as that of similar contracts between private persons. Hence, instead of there being in the undertaking of a state or city to pay a reservation of a sovereign right to withhold payment, the contract should be regarded as an assurance that such a right will not be exercised. A promise to pay with a reserved right to deny or change the effect of the promise is an absurdity.
creditor -- namely, payment to him -- without a violation of the Constitution.
"The true rule of every case of property founded on contract with the government is this: it must first be reduced into possession, and then it will become subject, in common with other similar property, to the right of the government to raise contributions upon it. It may be said that the government may fulfill this principle by paying the interest with one hand and taking back the amount of the tax with the other. But to this the answer is that to comply truly with the rule, the tax must be upon all the money of the community, not upon the particular portion of it which is paid to the public creditors, and it ought besides to be so regulated as not to include a lien of the tax upon the fund. The creditor should be no otherwise acted upon than as every other possessor of money, and consequently the money he receives from the public can then only be a fit subject of taxation when it is entirely separated [from the contract], and thrown undistinguished into the common mass."
3 Hamilton, Works, 514 et seq. Thus only can contracts with the state be allowed to have the same meaning as all other similar contracts have.
"Where the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import and has become subject to the taxing power of the state."
to vary or lessen the debtor's obligation imposed by the contracts.
In opposition to the conclusion we have reached, we are referred to Champaign County Bank v. Smith, 7 Ohio St. 42, and People v. Home Insurance Co., 29 Cal. 533, in which it is said the power of a state to tax its own bonds was sustained. We do not, however, regard those cases as in conflict with the opinion we now hold, and if they were, they would not control our judgment when we are called upon to determine the meaning and extent of the federal Constitution. In the former, it appeared that the tax collected was in virtue of an assessment of state bonds belonging to the bank, but deposited with the auditor of state as security for the circulating notes of the company. The tax thus assessed having been carried into the duplicate, the collector seized and appropriated the banknotes and money of the bank, and suit was brought to recover the amount so taken. In sustaining a demurrer to the petition, the court held, it is true, that a state has power to tax its own bonds equally with other property, and that the exercise of such a power involves no violation of a contract. But it was not held that the state could collect the tax by withholding from the creditor and part of what the state had assumed to pay. The tax was laid not upon the debt, but upon the creditor, and it was collected not out of what the state owed, but out of the general property of the bank. Neither by the assessment nor in the collection was there any interference with the contract. In People v. Home Insurance Company, the question was whether bonds of the State of California, belonging to a New York insurance company but deposited and kept in the state as required by an act to tax and regulate foreign insurance companies doing business in the state, were assessable for taxation there. It was ruled that they were. This case no more than the former meets the question we have before us. It certainly does not hold that a state or a city, by virtue of its taxing power, can convert its undertaking to pay a debt bearing six percent interest into one bearing only four.
"the law which requires the treasurer of the company (indebted) to retain five percent of the interest due to the nonresident bondholder is not . . . a legitimate exercise of the taxing power. It is a law which interferes between the company and the bondholder, and, under the pretense of levying a tax, commands the company to withhold a portion of the stipulated interest and pay it over to the state. It is a law which thus impairs the obligation of the contract between the parties. The obligation of a contract depends upon its terms and the means which the law in existence at the time affords for its enforcement. A law which alters the terms of a contract by imposing new conditions or dispensing with those expressed is a law which impairs its obligation, for such a law . . . relieves the parties from the moral duty of performing the original stipulations of the contract, and it prevents their legal enforcement."
This was said, it is true, in a case where the question was whether a tax thus imposed upon a nonresident holder of bonds issued by a company chartered by the state was warranted by the Constitution. But so far as it speaks of what constitutes impairing the contract obligation, it is applicable in its fullest extent to all legislation affecting contracts, no matter who may be the parties.
We do not care now to enter upon the consideration of the question whether a state can tax a debt due by one of its citizens or municipalities to a nonresident creditor, or whether it has any jurisdiction over such a creditor or over the credit he owns. Such a discussion is not necessary, and it may be doubtful whether the question is presented to us by this record.
to it in all its spirit. The inviolability of contracts, and the duty of performing them, as made, are foundations of all well ordered society, and to prevent the removal or disturbance of these foundations was one of the great objects for which the Constitution was framed.
I am of opinion that the power of taxation found in the charter of the City of Charleston, long before the contract was made which is here sued on, entered, like all other laws, into the contract and became a part of it. In other words, the contract was made subject to this power of taxation by the City of Charleston, as found in her charter from 1781 to the present time.
NOTE -- In Jenkins v. Charleston, error to the Supreme Court of the State of South Carolina, which was argued by Mr. A. G. Magrath and Mr. James Lowndes for the plaintiff in error and by the same counsel for the defendant in error as was the preceding case, MR. JUSTICE STRONG, in delivering the opinion of the Court, remarked: "This case is like Murray v. Charleston, and is governed by the decision there made."


Fishing in Georgia includes the state's more than 4,000 miles of trout streams and more than 12,000 miles of warm water streams teeming with trout, pike and more than a dozen other fish species that populate Georgia waters. If you can't wait to try your own luck fishing in the Peach State, here's what you need to know about getting your Georgia fishing license.
Except for the three free fishing days (see details below), Georgia requires everyone fishing in public Georgia waters age 16 and above to have a valid fishing license. But don't worry, the cost is minimal, especially for residents who've lived in Georgia for at least three months.
If you are planning to fish the rivers of North Georgia for trout, you'll need an additional trout license in addition to your fishing license. Here are fees.
Residents of all ages can purchase a lifetime fishing license. The price for those age 65 and older is a one-time $35 fee. If you are a resident, you can save a few dollars by renewing your license early. These fees are subject to change, so we recommend checking out GeorgiaWildlife.com for the most up-to-date pricing.
To encourage new fisher men and women, the state of Georgia offers three days each year when no fishing license is needed. You can learn more about these free fishing days on takemefishing.org.
If you've made the decision to go fishing in the North Georgia, you'll need to buy your fishing license. Thankfully, the state has made it easy to get one. You can simply apply online or in person at one of the over 400 authorized licensing agencies. If you'd prefer to purchase your license in person, there are four locations around Helen Georgia where you can acquire one. Our preferred location is Unicoi Outfitters.
While at Unicoi Outfitters, make sure to stock up on fishing essentials at their bait and tackle shop or you may want to take advantage of one of their expert, guided tours on both private and public streams. Want to learn to fly fish? Take lessons at Unicoi, where you can satisfy all of your fishing needs.
There are also three other physical locations you can visit to pick up your Georgia fishing license around Helen.
There's plenty of fishing in the waters surrounding Helen. What type of fishing are you looking forward to on your next vacation to North Georgia?
Georgia has an agreement with nearby states where residents can fish in Alabama, Florida, North Carolina, and South Carolina without purchasing an additional fishing license. Make sure to check into the details of these neighboring states for the fine details.
In our fishing hub, you'll find articles, links, images, and videos that can help you have the best fishing experience in the Helen Georgia area. Here is a listing of these resources.
If you want to take advantage of some of North Georgia's best fishing hot spots, Cedar Creek Cabin Rentals has accommodations in and near Helen, Georgia. Plant yourself near the renowned Chattahoochee River in one of our properties.
Our cabins offer a variety of comfortable amenities including fireplaces, spacious decks, whirlpool tubs and pool tables, all nestled in the scenic north Georgia woodlands. We have kid friendly and pet friendly cabins, to boot. If you'd like to see how comfortable and affordable a north Georgia fishing vacation can be, give us a call at 770 952-4130 or visit our online cabin rental search.