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Paul A. Sukys
Business
LawWITH UCC APPLICATIONS
15th Edition
Preface vii
acts of money laundering, wire fraud, mail fraud, and violations of the Travel Act. For
good measure, the EC added several allegations of wrongdoing under the state laws of
New York.
• A discussion about how to determine whether a non-nation-state configuration
qualifiers as a “foreign state” and, thus, has the right to bring a lawsuit in U.S.
District Courts. These non-nation-state configurations include non-governmental
organizations, unified international institutions, and conglomerates.
• A discussion about choosing which law applies in a lawsuit in the context of the new
Defend Trade Secrets Act (DTSA).
• An examination of Bristol-Myers Squibb v. Superior Court of California, a landmark case
that redefines the nature of forum shopping in class action lawsuits.
• A look at the new amendments to the federal rules of civil procedure that are designed
to limit the amount of information gathering that is conducted by both sides in a civil
case.
• Some new details that explore what happens during an arrest in a criminal case,
including a look at the exclusionary rule, the fruit of the poisonous tree rule, the
attenuation doctrine, the independent source rule, and the inevitable discovery
doctrine.
• The addition of new material on the jury selection process as it occurs in a criminal
trial.
• The addition of new material on the consequences of a hung jury and about what
happens when the judge declares a mistrial.
• A new examination of several legal theories under which corporations can be held
criminally liable for their conduct.
• A new study of the dangers of guns in schools and attempts at both the state
and federal level to enact laws that will protect school children from gun-related
violence.
• An in-depth look at the global cyber-crime wave in cyber-extortion, using malware,
ransomware, and other serious cyber-attack strategies.
• A look at the civil cause of action available under the Computer Fraud and Abuse Act
(CFAA).
• An examination of state and federal legislation designed to regulate drone activity.
• A discussion of the Stockholm syndrome and coercive persuasion as defenses to
criminal liability.
• Another installment of the new feature, Business Law with UCC Applications—and Now
the Applications, which takes a look at the question of when to apply the UCC to a
case and when to look to other forms of contract law such as common law, consumer
protection law, real property law, employment law, or the United Nations Convention
on Contracts for the International Sale of Goods.
• The addition of new material on consumer credit contracts and the FTC legend.
• Another installment of the new feature, Business Law with UCC Applications—and Now
the Applications, which examines the question of whether the addition of UCC 1-106 (d)
to Article 3 makes obsolete most of the other rules laid down in that article.
Chapter 19 Insurance
• A new Opening Case, State Farm Fire and Casualty Company v. Ramsey, 719 F.Supp.
1337 (1989) United States District Court, S.D. Mississippi, E.D., which highlights the
need to be able to distinguish between tenants-in-common and tenants by the entirety.
• A new discussion of the four types of co-tenancy: tenancy in common, joint tenancy,
community property, and tenancy by the entirety.
• A new discussion of the homestead, a type of ownership unique to American law.
• A new discussion of the homestead exemption.
• A new discussion of the proof of loss form, which is designed to detail the personal
property destroyed during an incident that gives rise to an insurance claim.
• A new discussion of renters’ insurance, which protects tenants against the damage or
loss of personal property, stolen personal property, liability for a visitor’s personal
injury, and liability for negligent destruction of the rented premises.
• A new discussion on the changes that have been made to the federal Affordable Care Act.
• A new discussion on the nature and the extent of of cyber insurance coverage.
• A new section that discusses the plan, introduced by the administration and the
Senate, to alter the operation of both Fannie Mae and Freddie Mac, in order to
minimize the role that the federal government has in overseeing the operation of these
two government-sponsored enterprises (GSEs).
• A new “Soon to Be a Classic Case” feature on Janus v. AFSCME, in which the governor
of Illinois challenged a state statute that gave public unions like the American Federation
of State, County, and Municipal Employees (AFSCME) the exclusive authority to
represent all state employees, even those who were opposed to the very idea of a union.
• New Case Study for Part 5, Evans v. Georgia Regional Hospital, 803 F. 3d 1248, U.S.
Court of Appeals, Eleventh Circuit.
• The addition of the Jumpstart Our Business Startups (JOBS) Act, a federal law
designed to empower small businesses to raise capital more efficiently, economically,
and effectively.
• New coverage of the SEC’s Regulation Systems Compliance and Integrity (REG SCI)
protocols, an innovative system designed to short-circuit potential cyber interruptions
of the stock exchange system in the future.
I am grateful to the following individuals for their review feedback. I appreciate their ideas
and suggestions.
I want to thank the following individuals who were involved with content creation.
I also extend special thanks to Jennifer A. Chiocco for her excellent photograph on the
About the Author page. I also offer thanks to Gordon W. Brown, the former lead
author of Business Law with UCC Applications, whose devotion and hard work made
this book the quality product that it is today. Thanks and appreciation also go to Bob
Nirkind whose patience and guidance taught me how indispensable a good editor
really can be.
xvii
xviii Acknowledgments
Finally, a book is but a raw, unsold manuscript until the skilled publishing team refines
it. This manuscript benefited immeasurably from the guidance of the multiple levels of skill
provided by McGraw-Hill Education: Managing Director, Tim Vertovec; our Product Devel-
opers, Jaroslaw Szymanski and Allie Kukla; Executive Brand Manager, Kathleen Klehr; and
Content Project Managers, Dana Pauley and Angela Norris.
A Guided Tour
46 Part One Ethics, Law, and the Judicial System
all the state legislatures to adopt the same statutes. The Uniform Law Commission (ULC)
which is also called the The National Conference of Commissioners on Uniform State Laws
(NCCUSL) was founded to write these uniform laws. The ULC is composed of commission-
Business Law with UCC Applications, 15/e, is full of useful chapter features to make studying ers that come from every state, the District of Columbia, Puerto Rico, and the Virgin Islands.
These commissioners are usually selected by the governor. Most of the commissioners serve
productive and hassle-free. The following pages show the kind of engaging, helpful peda- for a term of years set by the state. Some have no set term and can be replaced by the gover-
nor at any time. The number of commissioners from each jurisdiction is established by that
gogical features that complement the accessible, easy-to-understand approach to teaching jurisdiction. Some jurisdictions decide to have a lot of commissioners, while others decide to
send only a few. California, for example, appoints 14, while New Hampshire limits its number
business law. to 4. The states are also responsible for sending money to the ULC to support its activities.
The more populated states generally pay more than the smaller states.
the Uniform Law Commission, an organization that consists of5. legal What is the date and the topic of the latest press release issued by the ULC?
experts appointed by the state governments but
not elected by the people.
The Uniform Commercial Code
The most significant development in uniform state legislation has been the Uniform Commer-
Uniform Commercial Code References cial Code. The Uniform Commercial Code (UCC) is a unified set of statutes designed to govern
almost all commercial transactions. The basic principles of commercial law were not changed
In each chapter that involves a section or sections of the Uniform Commercial Code, citations to those sections are by the UCC provisions. By defining and clarifying often misunderstood business and legal
terms, the UCC helps parties involved in commercial transactions prepare their contracts.
printed under the topic heading in that chapter. This feature enables students to access the actual text of the UCC in
order to double check the rule that is explained at that point in the book. Students can easily refer to the text of any
individual code section by accessing the UCC through the URL printed in Appendix B of the text.
suk98169_ch02_028-061.indd 46 8/29/18 4:08 PM
Chapter Outline
Each chapter features an outline that
allows students to recognize the organiza-
Chapter 3 The Judicial Process
tion of the chapter at a glance. For rein-
forcement, the outline’s numbering system
and Cyber-Procedure
is used throughout the body of the chapter 3-1 The Court System 3-3 Cyber-Procedure
The Federal Court System • Court Cyber-Jurisdiction • Cyber-Filing •
and is repeated in the end-of-chapter Sum- Jurisdiction • State Court Systems Cyber-Discovery
mary. 3-2 Civil Procedure 3-4 Criminal Procedure
Commencement of the Action • Service The Arrest and Initial Appearance • The
of Process • The Pre-Answer Stage • The Preliminary Hearing • The Formal
Answer • The Pretrial Stage • The Civil Charges • The Arraignment • The
Trial • The Appeal • Execution of the Criminal Trial
Judgment
This case starts with the sale of drugs on the streets of statute like RICO does not apply to extraterritorial
Europe financed by a complicated money laundering conduct can be overcome if a predicate offense named
scheme allegedly masterminded by the American in RICO includes extraterritorial conduct. A predicate
corporation RJR Nabisco Inc. (RJR). The European offense is generally one that provides the resources
Community (EC), acting for itself and for its members, needed to commit the offenses outlined in the new
brought suit in federal court in New York against RJR statute. Racketeering, as laid out in RICO, includes money
under the Racketeer Influenced and Corrupt Organiza- laundering as a predicate offense. Congress defines
tions (RICO) Act, claiming that RJR had, in furtherance of money laundering to include extraterritorial activities.
Chapter 3 The Judicial Process
and Cyber-Procedure
3-1 The Court System 3-3 Cyber-Procedure
The Federal Court System • Court Cyber-Jurisdiction • Cyber-Filing •
Jurisdiction • State Court Systems Cyber-Discovery
3-2 Civil Procedure 3-4 Criminal Procedure
Commencement of the Action • Service The Arrest and Initial Appearance • The
of Process • The Pre-Answer Stage • The Preliminary Hearing • The Formal
Answer • The Pretrial Stage • The Civil Charges • The Arraignment • The
Trial • The Appeal • Execution of the Criminal Trial
Judgment
district court dismissed the case on both counts. RJR took the case to the U.S. Supreme Court. Not Inc. (RJR), U.S. Court ofthe courts.
Appeals, Still
Second Circuit, others
Docket are classic cases that
5. Under what circumstances will the U.S. Supreme
Dissatisfied with the result, the EC and its member surprisingly, the High Court upheld the ruling by the No. 11-2475-cv. (April 23, 2014); and Amy Howe, “Opin-
ion Analysis: In the Endhave been used Com- in law courses for decades
Court agree to review a case that it does not have
nations filed an appeal in the U.S. Court of Appeals for Court of Appeals. So far, so good for the EC. Then the RJR Prevails in European
the Second Circuit. In a surprise move, the appellate High Court threw a curve. It ruled that claims brought to review? Explain.
munity’s RICO Lawsuit,” SCOTUSblog, June 20, 2016,
court reversed the District Court’s ruling. In response to
the first claim, the court said that the presumption that a
under RICO and similar statutes by private parties
(i.e., any party that is not the U.S. government; in other
and thus representSource:
http://scotusblog.com/2016/06/opinion-analysis-in-the-
end-rjr-prevails-in-european-communitys-rico-lawsuit/.]
theSee:bestThe Europeanillustrations of Inc.
Community (EC) v. RJR Nabisco,
(RJR), 579 U.S. ----- (2016); The European Community (EC) v. RJR
the content of the chapter in a provocative golden wedding anniversary celebration. At the party,
Uncle William promised his nephew and namesake,
true. He was much healthier than he would have been,
absent the promise, and he had, therefore, benefited
and stimulating way. William, the Younger, that if he, the nephew, would give
up a long list of vices that included smoking and
greatly from giving up his bad habits for such an
extended period of time. In the absence of consideration,
swearing, until his 21st birthday, he, the uncle, would pay no contract ever existed and, as a result, the estate did
his nephew, William, $5,000. The challenge was made in not owe young William a single cent. The court
front of a room full of family members and close friends, disagreed with this analysis. The court noted that, when
and William, the Younger, agreed to the arrangement. William gave up something that he had a legal right to
Following this and in compliance with the agreement, do, he had suffered a detriment sufficient to provide the
William embarked on an extensive period of abstinence consideration needed to make the agreement into a
that lasted several years. Soon after his 21st birthday, bona fide contract. To prove its point, the court referred
William wrote to his uncle telling him of his to a standard treatise on contract law and noted that,
accomplishments and asking for the $5,000 due to him consideration “means not so much that one party is
under the contract. Uncle William wrote a lengthy letter profiting as that the other abandons some legal right in
back in which he praised his nephew for his the present, or limits his legal freedom of action in the
perseverance. He also promised to pay the money that future, as an inducement for the promise of the first.”1
was due. Unfortunately, Uncle William passed away End of story—period. [See: Hamer v. Sidway, 124 N.Y.
before sending the money to his nephew. Undeterred, 538, 27 N.E. 256 (Court of Appeals of New York).]
the nephew petitioned the executor of Uncle William’s Source: See: Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256
estate for payment. The executor refused to pay and (Court of Appeals of New York).
80 Part One Ethics, Law, and the Judicial System
Chapter 1 Ethics and the Law 5
A QUESTION OF ETHICS
interesting observation. He says that he adapted to a situation in order to carry out his mission, which
A Question of Ethics boxes chal-
Televised
was to save the lives of those Trials: however,
innocent civilians; Threat when
or Transformation
considering the question of whether he
broke the law, Bauer does not duck, shift, or dodge responsibility. Instead, he says, “In answer to your
lenge students’ understanding of previ-
In California, Proposition 8 was placed on the ballot in order to outlaw same-sex marriages. The legality of the
question, am I above the law, no sir, I am more than willing to be judged by the people.” As noted earlier,
proposition was challenged in the federal trial court in the Northern District of California. Noting the great
Bauer clearly understands that the law draws a line between conduct that is permissible and that which
ously discussed chapter examples by
interest in the case and recognizing its social and political significance, the presiding judge suggested televis-
is not. So Bauer, as an admitted lawbreaker, knows that he can be punished for choosing to break that
ing the trial at least within the courthouse in San Francisco where the trial was located. Later the judge, in
law and accepts that responsibility. This is what is meant when we say that the law usually cannot stop a
asking questions specifically relating to
consultation with the Chief Judge of the Ninth Circuit, suggested widening the broadcast field to include all 164 Part One Ethics, Law, and the Judicial System
person from doing wrong; however, the law can punish an individual who chooses to do that wrong,
courthouses in the Ninth Circuit. Those who supported the proposition opposed the plan to televise the trial
whatever it might be, even torture.
and attempted to get a writ of mandamus to prevent the broadcast. The Ninth Circuit denied the writ, but the
ethical dilemmas.
protects people from being tried twice for the same crime. This rule is known as the principle
U.S. Supreme Court reversed the decision and stopped the broadcast indefinitely. The Supreme Court stated of double jeopardy. Double jeopardy does not protect a defendant from being sued under tort
that it suspended the broadcast to protect witnesses who might otherwise be threatened or harassed. The law for the consequences of an action, even if that defendant has already been tried for the
ethical
In contrast, morals are values that issue
governhere
theisdifference
not the morality
betweenof right
Proposition 8. Rather,
and wrong the question is whether a trial of this transfor-
and good same wrongdoing in a criminal court using criminal law.
mativesee
and evil. As a result, we should significance
moralityshould be broadcast
as more fundamentalor “gagged”
than law.as Therefore,
the Supreme Court ruled. Using both utilitarianism
morality ought to serve as aand rational
guide ethicsbodies
for those (See Chapter 1),society—such
within our analyze the decision made by the U.S. Supreme Court and decide
as the courts, Respondeat Superior
whether the
the executive branch, the legislature, andSupreme Court’s decision
the administrative can be defended
agencies—that make,using either theory. Explain your rationale using each
interpret,
theory. [See: morality
David R. Fine, “Television Trials,” In criminal law the courts will hold a corporation liable when an employee commits a crime
and enforce the law. Most of the time, and legality ought The National
to match eachJournal, January 25, 2010, p. 38.]
up withLaw
other. Indeed, many philosophers of law state that morality is a necessary element of the
LO2 on the job to benefit the corporation. In like fashion, in tort law the courts use respondeat
superior to hold a business or organization liable for the torts of an employee whenever an
law. In effect, then, any law not grounded in morality cannot be considered a philosophi-
About the Law employee commits a tort while working for that business or organization. Chapter 22 will
cally valid law. The Appeal examine this concept in depth, and the proper legal terms of master and servant will be
The doctrine
An appeal is the referral of a case to a higher court for review. For an appeal to be successful, it explained at length. For now, it is enough to remember that employers are at risk in tort law
Values and EthicsLO7 must be shown that some legal error occurred. For example, a party could argue that some of
of respondeat
when their employees commit torts, and for that reason alone, both employers and
throughout each chapter and use short lems with this fragmented approach. First, the amalgam of legal precedents that makes up the British
constitution plays right into the problems associated with the Uncertainty Principle. This occurs because
it is difficult to know what precedent will be called upon to support or to attack a particular legal posi-
vignettes to explain how concepts can be tion. Second, the absence of a written fail-safe system, like that found in the U.S. Constitution, opens the
door suk98169_ch06_162-206.indd
to power abuse in the164 British system. On the other hand, following the dictates of the Uncertainty
applied in real-life situations. Principle, there are some unexpected but not unappreciated advantages to a less definite constitution.
First, the British constitutional method avoids the ambiguities associated with the need to determine the
8/28/18 7:33 PM
34 Part One Ethics, Law, and the Judicial System difference between the words and the interpretation of those words. True, the British must still deal with
this duality whenever statutes and cases are interpreted by the courts, but this is a minor issue when
involves an approach by judges that considers the consequences of a decision to be the single compared to U.S. constitutional battles. Finally, when interpreting the British Constitution, there is no
both forward and backward and does so with a mind toward the consequences based on mul-
tiple forms of input. [See: Richard Posner, Overcoming Law (Cambridge, MA: Harvard Uni- provided at the end of each chapter.
versity Press, 1995); and Robert Bork, The Tempting of America: The Political Seduction of the The Articles of Confederation
Law (New York: Simon and Schuster, 1990).] The Constitution of the United States, as it exists today, is not the nation’s first constitution.
The first constitution was known as the Articles of Confederation. The Articles of Confed-
eration were created to hold together a fragile coalition of states, each of which was deter-
quick quiz 2-1 mined to maintain its own independent existence. Although the Articles of Confederation
1. The law consists of rules of conduct established by the government true | false
fulfilled a much-needed function during the first years in the life of the United States, they
to maintain harmony, stability, and justice within a society.
contained certain weaknesses.
One of the primary weaknesses was the fact that the United States in Congress, as the
2. Often, justice must be sacrificed for harmony and stability, but the true | false national legislature was known under the Articles, could not impose taxes or tariffs.
opposite is never true. Although a common treasury was supposed to be supplied by the states in proportion to the
3. Legislators and judges bring their own personal prejudices and
value of the land within each state, the states retained the power to levy and collect taxes. In
true | false
biases into the process.
essence, this rule meant that the United States in Congress had to rely on the goodwill of
the states to obtain money. Such revenues were rarely forthcoming. Some states paid noth-
ing at all; others turned over a portion of what they owed but rarely by the date the pay-
ments were due. Part of this problem was caused by the fact that the states were not about
2-2 Constitutional Law to trade one dictatorial central government for another and, therefore, simply ignored the
national government.
The habitual use in the media of phrases like “fake news,” “alternative facts,” “post-truth,” Moreover, the desire to prevent the type of tyranny that the colonies had experienced
and “real fake news” seems to be a phenomenon that has appeared only recently. In actual- under the rule of King George and the British Parliament led the framers of the Articles to
ity, fake news has been a part of our heritage since the Puritans landed at Plymouth to
establish religious freedom. (Fake news alert: The Puritans journeyed to the New World to
establish a theocracy, not to establish religious freedom.) American “history” is plagued by
Chapter 2 Sources of the Law 59
58 Part One Ethics, Law, and the Judicial System
and discuss the key points of law. All series of dualities that must be resolved somehow. these uniform laws. 5. What is the role of statutory law in the legal system?
6. Why does this country need to set up a system of
10. What is the nature of the deep state within the
American legal system?
2.2 A constitution is the basic law of a nation or 2.5 Courts make lawuniform throughstate commonlaws? law, the inter-
objectives listed at the beginning of state. The U.S. Constitution provides the organization pretation of statutes, and judicial review. Common law
of the national government. Each state also has a con- is the body of previously recorded legal decisions made
each chapter are also reviewed. stitution that determines the state’s governmental struc- Cases
by the courts in specific cases. forStatutory
Analysis
is the process by which the courts analyze those aspects
interpretation
ture. The body of law that forms a constitution and its
interpretation is known as constitutional law. of a statute that are1.unclear
David or ambiguous
Terry or that werewith the outcome
was so dissatisfied 2. In the wake of the disastrous events of 9/11,
58 Part One Ethics, Law, and the Judicial System
not anticipated at theof time that the
a lawsuit thatlegislature passed
he threatened to kill Stephen J. President George W. Bush and his advisors were
2.3 An executive order is a device by which the presi- the statute, and judicialField, review is the process
a Supreme Courtby whichwhose responsi-
Justice, concerned that the United States might be subject
dent can act on his own without having to resort to the the courts determine bilities
the constitutionality
included actingofasvarious the Supreme Court to further devastating attacks. Accordingly,
Summary somewhat cumbersome process of going through Con-
gress. A proclamation is an executive order that
legislative statutes, administrative
tive actions.
representative
Summary Numbered to match the outline at
regulations,
in the Ninthor execu-
Circuit. The Attorney
General of the United States ordered a federal
marshal named David Neagle to protect Justice
President Bush released an executive order that
authorized the establishment of a series of Military
Commissions located at Guantanamo Bay designed
2.1 The law consists of rules of conduct addresses
establishedthe by public at large.
different An order
statutes is aimed
are passed eachat year
a by the 50 state
subdivision
the government to maintain harmony, stability, and jus-
dum is simply
within the executive
legislatures, branch.
there are A memoran-
important 2.6
differences Federal
in state
utes enacted
to theby Congress
Field.
administrative
shotinand
When the beginning of the chapter and the main heads
Terry
agencies
killedareas,
specific
attacked
administer
him. such
Neagle
Justice
stat- Field,
was then promptly
as com-
Neagle to try individuals who were suspected of commit-
ting acts of terrorism. The order read in part,
tice within a society. Ideally, the primary objectives of the a suggestion
statutory lawissued by the president
throughout the nation.toOne solution
law are to promote harmony, stability, and partjustice.
of the executive
everyday life, the balance is not easy to maintain. The law
In branch.of inconsistent statutory law is for
problem
tures of all the states to adopt the sameworking
merce, communication,
the legisla-
statutes.conditions.
The
arrested
aviation,
der. Neagle
These agencies
within each chapter, the Summary provides an
by alabor
local relations,
brought
sheriff andand
createhis caseregu-
rules,
charged with mur-
to the nearest federal
“To protect the United States and its citizens, and
for the effective conduct of military operations and
or, more properly, the entire legal framework2.4 Theoflaws
consists a passed
Uniform
statutes. At the federal
series of dualities that must be resolved somehow.
by Law
theselevel,
a legislature
Commission
theselaws.
uniform
are known
(ULC) was
are the laws made by
late and
as founded supervise, and
to write district
rendercourt
asked that
vent any conflict of interest
encapsulated review of the chapter’s content.
the court
under aTowrit
decisions.
couldto vacate
arise
help
from
of pre-
habeas corpus. Neagle
histhese
arrest, arguing that
prevention of terrorist attacks, it is necessary for
individuals subject to this order pursuant to section
Congress and signed by the president. At the state level, he had Congress
overlapping responsibilities, been ordered by the
passed theAttorney
fed- General of 2 hereof to be detained, and, when tried, to be tried
2.2 A constitution is the basic law ofstatutes are or
a nation enacted2.5by state legislatures.
Courts make lawStatutes common eral
through must law,Administrative
the inter- the UnitedAct.
Procedures States to protect
To help small Justice
enti- Field. He con- for violations of the laws of war and other applica-
be arranged,
state. The U.S. Constitution provides the organization
of the national government. Each state also by compiling
cataloged, and
pretation
has a con- stateis and
indexed
of
federal
the body
for
statutes, easy
and
codes. Because
of previously
reference
judicial
recorded
review.
many
ties deal
Common
legal decisions
with
law
the Regulatory
made Flexibility
cluded
bureaucratic
under
red
Act.
that
Key Terms Each key term is printed in bold-
since
tape, he, Neagle,
Congress passed had
the authority of the attorney general who
had, himself, been operating under the authority
been operating ble laws by military tribunals.” The president
released the order under the authority of the
Constitution making him Commander and Chief of
stitution that determines the state’s governmental struc- by the courts in specific cases. Statutory interpretation
ture. The body of law that forms a constitution and its is the process by which the courts analyze those aspects of the face and defined when introduced in the text. A
president to “take Care that
faithfully executed” (i.e., the Faithfully Executed
the Laws be the Armed Forces of the United States (Article II,
Section 2, Clause 1); by the authority of the Uni-
interpretation is known as constitutional law. of a statute that are unclear or ambiguous or that were
Key Terms not anticipated at the time that the legislature passed list of key terms and the page number of first
Clause [Article II, Section 3]), he could not be form Code of Military Justice (UCMJ) (Title 10,
2.3 An executive order is a device by which the presi- the statute, and judicial review is the process by which charged with murder. The attorneys for the sheriff U.S. Code, Sections 810 and 836); and by the
dent can act on his own without having toadministrative
resort to the law,the
Article
somewhat cumbersome process of going through Con- II executive
50 courts determinedeep
legislative
order, 42 statutes,
the state,
administrative
executive
54
constitutionality
regulations,
agency, 50
of various
or execu-
precedent,
argued that
the president
preemption, 41
usage appears at the end of each chapter. A glos-
49 since neither the attorney general nor
had the statutory authority to protect
authority granted to him under the Authorization
of the Use of Military Force Resolution, a Joint
gress. A proclamation is an executive
addresses the public at large. An order binding
order ofthat
Articles
is aimedprecedent,
at a
tive actions.
Confederation,
49
35 executive order, 42
Federal Register, 52
proclamation, 42 sary of the key terms is provided at the back of the
federal officers, the order to protect Field was ille-
gal, and Neagle would have to respond to the mur-
standing to sue,Neagle’s
44
Congressional Resolution. The Joint Resolution
Chapter 2 Sources of the Law
gave the president the power to use “all necessary
59
2.6 Federal administrative agencies administer stat- der charge. attorney counterargued that and appropriate force against those nations, organi-
subdivision within the executive branch. A memoran-
code,
dum is simply a suggestion issued by the president to45 hybrid executive order, 42
utes enacted by Congress in specific areas, such as com- statutes, 45 text.
the president’s duty to protect federal officers was zations, or persons he determines planned, autho-
part of the executive branch. Code of Federal Regulations
merce, communication, independent
aviation,agency, 51
labor relations, and Questions
inherent
statutory in the
executive for Review
duties
order, 42 had byand
he virtueDiscussion
of his posi- rized, committed, or aided the terrorist attacks that
(CFR), 52 working conditions. judicial
These agencies
review, 49create rules, regu- tion as the President of the United States. Which occurred on September 11, 2001, or harbored such
statutory interpretation, 49
2.4 The laws passed by a legislature common as 48 late and supervise, and theory of presidential power willlaw?
successfully organizations or persons, in order to the
prevent
legal any
are known law, law,render
29 decisions. To help pre- 1. What
textualism, are
33 the objectives of the 7. What is the role of common law in
laws made by35 vent any conflict of interest
statutes. At the federal level, these are theconstitution, that could arise from these defend Neagle against the murder
2. How does the law reflect a series of complex charge? Explain. future acts of international terrorism against the
system?
memorandum, 42 titles, 45 In re Neagle, 135 U.S 1 (1890); and Bernard
[See:
Congress and signed by the president. At the state level, overlapping responsibilities, Congress passed the fed- dualities? 8.United States
How does thebyprinciple
such nations, organizations
of stare decisis provideor per-
statutes are enacted by state legislatures. constitutional
Statutes must law, eral35 Administrative Procedures
persuasive Act.
precedent,
To help49small enti-
3.Schwartz,
Uniform are Constitutional
WhatCommercialthe functionsCode of Lawthe(New York:
articles and the sons.” Salim
stability Ahmed
to our legalHamdan,
system? Osama bin Laden’s
cyber-commerce,
be arranged, cataloged, and indexed for easy reference 47 pragmatism, 33
ties deal with bureaucratic red tape, Congress passed Macmillan,
(UCC), 47 1972), pp. 144–145.]
amendments of the U.S. Constitution? chauffeur, was charged with conspiracy to commit
9. What is the difference between statutory interpreta-
by compiling state and federal codes. Because many the Regulatory Flexibility Act. 4. What is an executive order? tion and judicial review?
5. What is the role of statutory law in the legal system? 10. What is the nature of the deep state within the
their relevance,
Article II executive order, 42
Articles of Confederation, 35
ease of understanding,
executive agency, 50
executive order, 42
and
preemption, 41
proclamation, 42 1. David Terry was so dissatisfied with the outcome 2. In the wake of the disastrous events of 9/11,
interesting
binding precedent,fact
49 patterns. Many
Federal Register, 52
hybrid executive order, 42
are abridge-
standing to sue, 44 of a lawsuit that he threatened to kill Stephen J.
Field, a Supreme Court Justice, whose responsi-
President George W. Bush and his advisors were
concerned that the United States might be subject
code, 45 statutes, 45
ments of actual
Code of Federal Regulations court decisions;
independent agency, 51 some are
statutory executive order, 42
bilities included acting as the Supreme Court
representative in the Ninth Circuit. The Attorney
to further devastating attacks. Accordingly,
President Bush released an executive order that
(CFR), 52 judicial review, 49 statutory interpretation, 49 General of the United States ordered a federal authorized the establishment of a series of Military
taken
commonfromlaw, 48 current news law, 29 stories; and still oth-
textualism, 33 marshal named David Neagle to protect Justice Commissions located at Guantanamo Bay designed
Field. When Terry attacked Justice Field, Neagle to try individuals who were suspected of commit-
ers constitution,
are hypothetical
constitutional
35
law, 35 situations written
memorandum, 42
persuasive precedent, 49
titles, 45
to
Uniform Commercial Code
shot and killed him. Neagle was then promptly
arrested by a local sheriff and charged with mur-
ting acts of terrorism. The order read in part,
“To protect the United States and its citizens, and
emphasize
cyber-commerce, 47
legal issues and concepts(UCC),
pragmatism, 33
pre-47 der. Neagle brought his case to the nearest federal
district court under a writ of habeas corpus. Neagle
for the effective conduct of military operations and
prevention of terrorist attacks, it is necessary for
sented in the text. asked the court to vacate his arrest, arguing that
he had been ordered by the Attorney General of
individuals subject to this order pursuant to section
2 hereof to be detained, and, when tried, to be tried
the United States to protect Justice Field. He con- for violations of the laws of war and other applica-
cluded that since he, Neagle, had been operating ble laws by military tribunals.” The president
suk98169_ch02_028-061.indd 58 under
8/28/18 the authority of the attorney general who
3:39 PM released the order under the authority of the
had, himself, been operating under the authority Constitution making him Commander and Chief of
of the president to “take Care that the Laws be the Armed Forces of the United States (Article II,
faithfully executed” (i.e., the Faithfully Executed Section 2, Clause 1); by the authority of the Uni-
Clause [Article II, Section 3]), he could not be form Code of Military Justice (UCMJ) (Title 10,
charged with murder. The attorneys for the sheriff U.S. Code, Sections 810 and 836); and by the
argued that since neither the attorney general nor authority granted to him under the Authorization
the president had the statutory authority to protect of the Use of Military Force Resolution, a Joint
federal officers, the order to protect Field was ille- Congressional Resolution. The Joint Resolution
gal, and Neagle would have to respond to the mur- gave the president the power to use “all necessary
der charge. Neagle’s attorney counterargued that and appropriate force against those nations, organi-
the president’s duty to protect federal officers was zations, or persons he determines planned, autho-
inherent in the duties he had by virtue of his posi- rized, committed, or aided the terrorist attacks that
tion as the President of the United States. Which occurred on September 11, 2001, or harbored such
theory of presidential power will successfully organizations or persons, in order to prevent any
defend Neagle against the murder charge? Explain. future acts of international terrorism against the
[See: In re Neagle, 135 U.S 1 (1890); and Bernard United States by such nations, organizations or per-
Schwartz, Constitutional Law (New York: sons.” Salim Ahmed Hamdan, Osama bin Laden’s
Macmillan, 1972), pp. 144–145.] chauffeur, was charged with conspiracy to commit
from the court’s opinion, and concludes County, No. 26855 Decided July 29, 2016 2016-Ohio-5161
©Hisham F. Ibrahim/Getty Images
Appendix A The Constitution of the United States material for the students: The
every day, during which they reported all calls that came into the center. The calls
first began on August 8, 2012, when Richey notified the center that she had been
chased by one of the neighbor’s dogs. Receiving no response from ARC, she
called the police who came out and knocked on the owner’s door. When they
onstitution of the United States
C
received no answer, they left. The scene repeated itself later when an ARC officer
Preamble as may be into three Classes.
knockedThe
the first Class shall be vacated
no answer.atHe
Seats
on the of thedoor
neighbor’s
theleftExpiration
Senators
after issuingof
and, likeof
the police officers before him, received
(Appendix A), Articles 1, 2, 2a, and
the Sec- citation. On September 25, except
a “dog-at-large”
We the People of the United States, in Order to form a ond Year, of the second Class at the Expiration of the 199
more perfect Union, establish Justice, insure domestic fourth Year, and of the third Class at the Expiration of the 3 of the Uniform Commercial Code
Tranquility, provide for the common defence, promote the sixth Year, so that one third may be chosen every second
general Welfare, and secure the Blessings of Liberty to our- Year; and if Vacancies happen by Resignation, or other- (Appendix B), the United Nations
selves and our Posterity, do ordain and establish this Con-
Convention for the International
suk98169_ch06_162-206.indd 199 8/28/18 7:33 PM
wise, during the Recess of the Legislature of any State, the
stitution for the United States of America. Executive thereof may make temporary Appointments
until the next Meeting of the Legislature, which shall then Sale of Goods (Appendix C), and
Article I fill such Vacancies.
[3] No Person shall be a Senator who shall not have two final documents, Patrick
Section 1. All legislative Powers herein granted shall be
attained to the Age of thirty Years, and been nine Years a
Appendix
sist of a Senate B Uniform
vested in a Congress of the United States, which shall con-
and House of Representatives. Commercial Code
Citizen of the United States, and who shall not,
elected, be an Inhabitant of that State for which he shall be
when Henry’s Tax Assessment Bill and
Section 2. [1] The House of Representatives shall
James Madison’s “Memorial and
be composed of Members chosen every second (Articles
Year by the chosen.
[4] The1,Vice2,President
2a,of theand 3)*shall be Presi-
United States
People of the several States, and the Electors in each State
shall have the Qualifications requisite for Electors of dent of the Senate, but shall have no Vote, unless they be Remonstrance” (Appendix D). Mar-
the most numerous Branch of the State Legislature.
Theshall
Uniform Commercialwho Code (UCC)
equally divided.
was developed
[5] The Senatecertain sections.
shall chuse theirSuch
other widespread
Officers, anduse
ginal
ofathe UCC, even
also
references throughout the text
[2] No Person be a Representative shall not have
by the American Law Institute (ALI)
attained to the Age of twenty-five Years, and been seven
Conference of Commissioners onshall
and
Uniform
the National
President pro with the
tempore, minor
in the deviations
Absence ofsome
the jurisdictions
Vice Presi- refer
make students
from to the page of the
Years a Citizen of the United States, and who not, State
dent,Laws
or whenthe official
he shall code,themakes
exercise Office possible
of Presidentmoreof efficient and
(NCCUSL) (now known as the Uniform
when elected, be an Inhabitant of that State in which he Law the United
Commis- States.
more confident transactions across state appendix
lines. The UCC where the original source of
[6] The Senatecan
sion) as a body of rules intended to make the application
shall be chosen. shallbe
have the sole Power
accessed here: tohttps://www.law.cornell.edu/
try all Impeach-
the law being discussed can be found.
of law toand
[3] Representatives commercial
states.States
among the several Like which
all uniform United Nations Convention on
transactions
direct Taxes shall be apportioned
may belaws developed
included
ments.
consistent across fifty When sitting for
Oath or Affirmation.
by the Uniform
within this
that Purpose,
website When
of thethe
they shall be
ucc. The UCC can be also be found on the official
PresidentLaw
Uniform
on
of the United
Commission at http://
Law Commission,
Union, according the UCC
to their respective and which
Numbers, all changes States
shall to the UCC is tried,uniformlaws.org/Acts.aspx.
the Chief Justice shall preside:Not And all
no Per-
states follow the
be determineddo by
notadding
become
legislatures.
sons, including those bound
Appendix C Contracts for the International
lawwhole
to the
ThetoUCC
untilNumber
Service has
officially
forbeen
a Term
of adopted
adopted
son
thirds
in whole
of Years,
shall
free Per- by the state be convicted
of the Members
by all always best
without
present.
the Concurrence of
same numbering sequence used in the UCC and so ittwo
to check state statutory law before citing the
and excludingbutIndians
one state legislature,
not taxed,
Sale of Goods
Louisiana,
three fifths which
of all other
sons. The actual Enumeration shall be made within three
[7] Judgment
Per- adopts only
further than
in Cases
code
to
of state
in any
removal
Impeachment
from
shall not extend
specific assignment.
Office, and disqualification
For Instructors
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The provident knight is, however, detained, and on Palmer and that
gentleman’s second appearing, the swords are measured, “and all
strip but Cully, who fumbles with his doublet.”
P. Come, sir! are you ready for this sport?
C. By-and-by, sir. I will not rend the buttons from my doublet for no
man’s pleasure.
And so “Oliver’s Knight” continues to procrastinate; he can not be
either pricked or pinked into action; and at length, pleading that his
conscience will not let him fight in a wrong cause, he purchases a
whole skin, at the price of a promissory note for a thousand pounds.
I have said that there is no comic situation for the actor who
represents Sir Nicholas, but the scene from which the above
passages are taken may, perhaps, be an exception to the rule. That
Sheridan has profited by it, will be clear to any reader who will take
the trouble to compare this scene with the fighting scene in the
“Rivals.” The latter is far richer in humor, and while we care very little
what becomes of Sir Nicholas, we should regret that any harm
should befall poor Acres—although he prefers fighting at forty paces,
would stand sidewise to be shot at, feels that he would be horribly
afraid if he were alone, and confesses that valor oozes out at the
palms of his hands when his adversary appears in sight, with pistols
for two.
Sir Nicholas is in spirits again when making love to one whom he
considers a woman of rank and fortune. No cavalier could then vie
with him in finery. “I protest,” he says, “I was at least at sixteen
brokers, before I could put myself exactly in the fashion.” But with all
this, he is a craven again when he is called upon to enter and
address her who awaits the wooing with impatience. “Come!” he
exclaims, “I will go to the tavern and swallow two whole quarts of
wine instantly; and when I am drunk, ride on a drawer’s back, to visit
her.” Wheadle suggests that “some less frolic will do, to begin
with.”—“I will cut three drawers over the pate, then,” says the knight,
“and go with a tavern-lanthorn before me at noonday;”—just as very
mad gallants were wont to do.
The liquor has not the effect of rendering Oliver’s knight decent, for
in proposing the health of “my lord’s sister,” he does it in the elegant
form of “Here’s a brimmer to her then, and all the fleas about her;”
offers to break the windows to show his spirit, and in the lady’s very
presence exclaims, “Hither am I come to be drunk, that you may see
me drunk, and here’s a health to your flannel petticoat.” The latter
gentillesse is by way of proof of the knight’s quality, for it was of the
very essence of polite manners, when a spirited gentleman drank to
a spirited lady, to strain the wine through what the Chesterfields and
Mrs. Chapones of that day, if such were to be found, would not have
blushed to call “their smocks.”
But enough of the way in which the stage represented “one of
Oliver’s knights.” He is not worse than the courtiers and gentlemen
by whom he is swindled out of his money and into a wife. Nay, nearly
the last sentence put into his mouth is, at least, a complimentary
testimony to the side of which Sir Nicholas is but an unworthy
member. “If I discover this,” he remarks, “I am lost. I shall be
ridiculous even to our own party.”—The reader will, probably, not
require to be reminded that before Etherege drew Cully, Jonson had
depicted Sogliardo, and that the latter, in the very spirit of Oliver’s
knight, remarks:—“I do not like the humor of challenge; it may be
accepted.”
The stage, from about the middle of the seventeenth century to
nearly the middle of the succeeding century, was uncommonly busy
with knights as heroes of new plays. The piece which brought most
money to the theatrical treasury, after the “Comical Revenge,” was
the “Sir Martin Mar-all,” an adaptation by Dryden, from the “Etourdi”
of Molière. Such adaptations were in fashion, and the heroes of the
French author were invariably knighted on their promotion to the
English stage. Such was the case with “Sir Solomon, or the Cautious
Coxcomb,” adapted by Carill, from Molière’s “Ecole des Femmes.”
The same course was adopted by Mrs. Behn when she transferred
Molière’s “Malade Imaginaire” to the stage at Dorset Gardens, and
transformed Argon into Sir Patient Fancy. One of the characters in
this intolerably indecent play instructs the city knight’s lady how to
divide her time according to the fashion set by “the quality.” “From
eight to twelve,” he says, “you ought to employ in dressing. Till two,
at dinner. Till five, in visits. Till seven, at the play. Till nine, in the
park; and at ten, to supper with your lover.”
In the “Sir Barnaby Whig, or No Wit like a Woman’s,” one of
D’Urfey’s comedies, and produced in 1681, we have again a hero
who is described as one of Oliver’s knights. The play is avowedly a
party piece, and the author, in his prologue, remarks,
The audience at the “Theatre Royal,” in the days of Charles II., was
made especially merry by this poor jest. Sir Barnaby is represented
as a Cromwellian fanatic, who will not drink the King’s health; is in an
agony of terror at hearing that an army of twenty thousand men is
about to sweep every rebel from the land; turns traitor; sings a comic
song against the Roundheads; is saluted as Rabbi Achitophel; offers
to turn Roman Catholic or Mohammedan; and is finally consigned to
Newgate.
Mrs. Behn, in the same year, had her political knight as well as
D’Urfey. In this lady’s more than usually licentious play, the “City
Heiress,” performed at Dorset Gardens, she has a Sir Timothy Treat-
all for her comic hero. She boasts in her introduction that her play is
political, loyal, true Tory all over; and as “Whiggism has become a
jest,” she makes a caricature of Sir Timothy, an old, seditious,
Oliverian knight, who keeps open house for commonwealth-men and
true-blue Protestants. He is contrasted with two Tory knights, Sir
Anthony and Sir Charles Meriwill, and a Tory gentleman, named
Wilding. The old Whig knight, however, is by far the least
disreputable fellow of the lot. The Tory knights and their friends are
rogues, perjurers, and something worse. When they are not on the
stage, Mrs. Behn is not afraid to tell what they are about, and that in
the very plainest language. “D—n the City!” exclaims the courtly Sir
Charles. “Ay, ay!” adds his uncle, Sir Anthony, “and all the Whigs,
Charles, d—n all the Whigs!”—And in such wise did Mrs. Afra Behn
take vengeance upon political enemies, to the infinite delight of loyal
audiences. How the Whig knights ever kept their own against the
assaults made on them in plays, prologues, and epilogues, is, as Mr.
Slick says, “a caution!” It is a fact, however, that these political plays
were far more highly relished than those which merely satirized
passing social follies. Audiences roared at the dull jokes against the
Oliverian knights, but they had no relish for the rhyme-loving Sir
Hercules Buffoon, of Lacy.
For one stage knight we may be said to be indebted to Charles II.
himself. It was from a hint from him that Crowne wrote his “Sir
Courtly Nice,” produced at the Theatre Royal shortly after the death
of Charles. Sir Courtly alludes to the death of one, and the accession
of a new, king, in very flattering terms:—
Of all the comedies with knights for their heroes, this one of Sir
Courtly Nice retained a place longest on the stage. The hero was
originally played by handsome, but hapless Will Mountfort. Cibber
played it at the Haymarket in Queen Anne’s time, 1706, and again at
Drury Lane, and before George I. at Hampton Court. Foote and
Cibber, jun., and Woodward, were there presentatives of the gallant
knight, and under George II. Foote played it, for the first time, at
Drury Lane, and the younger Cibber at Covent Garden, in 1746, and
Woodward, at the latter house, in 1751. The last-named actor was
long the favorite representative of the gentlemanly knight, retaining
the character as his own for full a quarter of a century, and being
succeeded, but not surpassed in it, by sparkling Lewis, at Covent
Garden, in 1781.
The satire in this piece against the Puritans is of a more refined
character than in any other play of the period; and the contrast
between the rash and ardent cavalier and the cautious Puritan is
very fairly drawn. “Suppose I see not many vices,” says the
Roundhead, Testimony, “morality is not the thing. The heathens had
morality; and, forsooth, would you have your footman or your
coachman to be no better than Seneca?” This is really
complimentary to the Cromwellians; and there is but a good-natured
dash of satire in the answer of Testimony, when asked what time of
day it may be, that—“Truly, I do believe it is about four. I can not say
it positively, for I would not tell a lie for the whole world.”
I find little worthy of notice in other dramatic pieces having knights for
their heroes. Southeran produced one entitled, “Sir Anthony Love” at
the Theatre Royal in 1691, for the purpose of showing off Mrs.
Mountfort as an errant lady in male attire.
In the eighteenth century, the knights gave name to a few historical
pieces not worth recording. The only exceptions are scarcely worthy
of more notice. Dodsley’s “Sir John Cockle at Court” made our
ancestors, of George the Second’s time, laugh at the sequel of the
“King and the Miller of Mansfield;” and “Sir Roger de Coverley” was
made the hero of a pantomime at Covent Garden in 1746. By this
time, however, the fashion was extinct of satirizing living politicians
under knightly names. To detail the few exceptions to the rule would
only fatigue the perhaps already wearied reader.
To what a low condition knight and squire could fall may be seen in
the Sir Joseph Wittol and Captain Bluffe, in Congreve’s comedy, the
“Old Batchelor.” The only redeeming point about this disreputable
pair is, that, cowards and bullies as they are, they have both read a
little. The Captain has dipped into history, and he remarks that
“Hannibal was a pretty fellow in his day, it must be granted; but, alas,
sir! were he alive now, he would be nothing; nothing on the earth.”
Sir Joseph, the knight, in comitatu Bucks, has also indulged in a little
reading, but that of a lighter sort than the Captain’s. When the gallant
Captain affects not to be frightened at the aspect of Sharper, and
exclaims, “I am prepared for him now, and he shall find he might
have safer roused a sleeping lion,” the knight remarks, “Egad, if he
should hear the lion roar, he’d cudgel him into an ass, and his
primitive braying. Don’t you remember the story in Æsop’s Fables,
Bully? Egad, there are good morals to be picked out of Æsop’s
Fables, let me tell you that; and ‘Reynard the Fox’ too;” to which the
deboshed Captain can only reply, “D—n your morals!” as though he
despised fiction when compared with history.
Some of the stage knights are wonderfully great boasters, yet
exceedingly dull fellows. I do not know that in the mouth of any one
of them there is put so spirited a remark as the great Huniades made
to Ulderick, Count of Sicily. The latter asked for a conference with
the great governor of Hungary. Huniades bade him come to the
Hungarian camp. The offended Ulderick, in a great chafe, replied
that it was beneath him to do such a thing, seeing that he was
descended from a long line of princely ancestors; whereas Huniades
was the first of his family who had ever been raised to honor. The
Hungarian very handsomely remarked, “I do not compare myself
with your ancestors; but with you!” This has always appeared to me
as highly dramatic in spirit. There is nothing half so spirited in the
knightly pieces brought on the stage during the reign of George III.,
and which caused infinite delight to very easily-pleased audiences. It
is well known that the good-natured Sovereign of England, although
unassuming in his domestic character, was exceedingly fond of
display in public ceremonies. He used to arrange the paraphernalia
of an installation of the Garter with all the energy and care of an
anxious stage-manager. The people generally were as anxious to
have an idea of the reality. On one occasion, in the preceding reign,
they so nearly forced their way into the banqueting-room, where the
knights were holding festival, that the troops fired over their heads in
order to frighten them into dispersing. Under George III. they were
more content to view these splendors through a dramatic lens.
In 1771, accordingly, the splendors of the then late installation of the
Garter were reproduced on the stage, in a masque, called “The
Institution of the Garter, or Arthur’s Round Table Restored.” The
show was as good as the piece was bad. The former was got up to
profit the managers, the latter to flatter or do homage to the King and
Queen. It was at once cumbersome and comic. A trio of spirits
opened the delectable entertainment by summoning other spirits
from every nook and corner of the skies, the moon’s horns included,
to the work of escorting the car of the Male Genius of England, the
husband probably of Britannia, down to earth. Nothing can exceed
the alacrity with which the spirits and bards of the empyreal heaven
obey the summons. They descend with the car of the Genius,
singing a heavy chorus, ponderous as the chariot they help to “waft
down,”—in which, not the chariot, but the chorus, there is the
assurance that
so that we may hope, though we can not feel certain, that there are
some few persons here below, who are not unconscious of an ante-
past of heaven.
The Genius is a civil and polished personage, who with due
remembrance to metropolitan fogs, very courteously apologizes to
the spirits, that he has been the cause of bringing them down
As this expressed end has not been accomplished, and the order
has not propagated the sovereignty of England, we may logically
conclude that the Druids themselves hardly knew much of the
subject upon which they were singing to their tuneless harps.
Meanwhile, the first Bard, in a bass song, petitions the south gales to
blow very mildly, and bring blue skies and sweet smells to the
installation.
The ceremony of the installation then opens to the view when all the
knights have been created, except the King’s son, Edward the Black
Prince, who really was not created knight when the order was
founded. How far the Druids have succeeded in influencing the
choice of the King, there is no possibility of knowing. No one utters a
word, save royal father and son: and the commonplace prose which
they deliver does not give us a very exalted idea of the Druidic
inspiration. The old sages themselves, however, are perfectly
satisfied with the result; and in a noisy chorus, they make an
assertion which might well have frightened the Archbishop of
Canterbury—had he cared about the matter. After vaticinating that
the name of the Prince should roll down through the tide of ages,
they add, that glory shall fire him, and virtue inspire him,
a feat which one would like to see put upon canvass by a Pre-
Raphaelite.
While the Knights are supposed to be preparing to pass to the hall,
the scene takes us to the front of the castle, where crowds of liege
and loyal people are assembled. First Citizen, “very like a whale
indeed,” sings a comic song, which, as a specimen of the homage
offered to monarch and consort, more than fourscore years ago, is
worth transcribing—for both its imagery and syntax:—
The founder of the “Garter” will not provoke the eloquence of the
heavenly visiter by unsealing the lips which astonishment is
supposed to have sealed up, and the remainder of the piece is left to
Genius and chorus, who unite in a musical asseveration, to the effect
that the reigning Sovereign of England is