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taken soundings in different portions of the Link have been ascertained. (See VON DER DeckCaspian Sea, and find that the northern half is ER.) It was in the prosecution of his long-chermuch shallower than the southern. The greatest ished purpose of approaching the lakes, which depth of the former, at a distance from land, is form the sources of the Nile from the south, that 900 feet, while that of the latter is 3,096 feet in the intrepid Livingstone is reported to have lost 30° 1' N. latitude, near the island Kurinski. his life. Much interest has been felt during the
Siberia.- The Russian explorers are actively past year in the expedition of Herr Gerhard engaged in developing the hitherto unknown Rohlfs into Soudan from the north, crossing portions of this vast territory. The younger the Sahara, and exploring Fezzan and the counStruve and his companions are making astro- try of the Tuaricks or Touaregs. Herr Rohlfs is nomical surveys of the southern border, while 34 years of age, a doctor of medicine and philosM. Lopatin and his companions are exploring ophy, and a graduate of the Universities of Heithe physical geography and productions of the delberg, Würzburg, and Göttingen, who joined region near the mouth of the Yenissei. Dur- the foreign legion at Algiers, and distinguished ing their tour this exploring party made the himself at the conquest of Kabylia. Being thorimportant discovery of entire skeletons of mam- oughly familiar with Arabic, and a proficient moths, whose skin and hair had been preserved in medicine, he assumed the mask of a follower in frozen mud, like those found many years ago of Islam, and acting the part of a skilful physiat the mouth of the Lena. The region where they cian, he determined to set forth on his travels were found was an extensive flat country, and into Central Africa, hoping to penetrate to has the appearance of having once been marshy. Wadai, where the lamented Vogel was murThe heads of the animals were turned south- dered, and to recover his papers, which are beward, as if they had been retreating southward lieved to be still in existence. His first atwhen caught by an inundation proceeding from tempt to enter Soudan was unsuccessful, for the north polar region, or by a change of climate while traversing the Sahara of Morocco, he due to a wide elevation of land, their former was robbed and wounded by his guides, and pasture grounds being converted into the frozen left for dead, alone in the desert, with a broken soil in which their remains are preserved to He was rescued by some Marabouts, rethis day. They must have been numerous, and turned to Algiers, and attempted to set out for the climate of that region very different from Timbuctoo, but owing to the unsettled state of what it now is to enable them to subsist. the country, could not find a caravan with
Japan.-In the interior of Yesso, a race of which to travel. He then started for Wadai, by hairy people called Ainos, who occupy nearly way of Mourzouk, having a former servant of the whole interior of that island, have been Vogel's
, Mohammed ben Sliman, as his serdiscovered by Commodore Forbes. Professor vant and guide. He reached Mourzouk late Huxley, who has examined their skulls, de- in 1865, and, after spending some months clares that they have no affinity with Mongo- there, left on March 25, 1866, for Kuka, the lians, but many with the Esquimaux.
capital of Bornou, on Lake Tsad. He arrived Siam.-A French officer, in the employ of in Kuka, July 22d, and, after some weeks, wrote the Siamese Government, has recently discov- thence to Dr. Petermann. Kuka, he says, is ered the ruins of a stupendous city of ancient a city of sixty thousand inhabitants a busy tines in that kingdom, the name of which he active mart, but its principal trade is in slaves. says is Ancor-Viat. He has given in the Property and life are very insecure there. His Revue des Deux Mondes a description of these observations in regard to Mouzouk and Fezzan, ruins, which, after making allowance for some as well as the great desert, are very interesting. exaggeration, must still be reckoned among He finds evidence that the great desert is unthe wonders of the world. A city more than dergoing a change; that large tracts, hitherto 60 miles in circumference, with ruined temples barren wastes of sand, are becoming fertile oase., and statues, all of white marble, and of such and yielding abundant fruits and grasses, while gigantic height, that the ruins of the great others are still in a transition state. Two French Central American cities are utterly dwarfed in geographers, Messrs. Mage and Quintin, have the comparison, must excite the attention of been exploring the Niger, and have returned travellers.
from their expedition, but the results of their VI. AFRICA.-Mr. Samuel W. Baker, who, explorations are not yet made public. From the with his heroic wife, amid the greatest perils Lower Guinea Coast, the region of the Gaboon, which any African traveller has yet encountered M. du Chaillu has penetrated into the interior, and survived, finally settled the question of the the country of the gorillas and cannibals, and sources of the Nile, has published an account was making extensive collections, when, in of his expedition, which is of thrilling interest. a village in the interior, one of his men acThe demoralizing influence of the slave trade cidentally discharged a gun, which caused the upon the chiefs and kings of the Upper Nile death of two negroes. The negroes, liereupon, region is fully demonstrated, and the impossi- believing him hostile, rallied for a fight, and as bility of introducing civilizing influences among he and his company fled, his men threw away these tribes while it continues, clearly shown. all his instruments and collections in their
The particulars of the murder of the brave panic. He was himself twice wounded, but Baron Ħon der Decken and his companion Dr. finally reached the coast in rags and penniless
GEORGIA. The fiscal year closed October 1860 was $369,627,922, equivalent to $554, 16, 1866. At that time there was a cash bal- 441,883 United States currency. The number ance in the treasury of $71,752. The assets of of slaves in 1860 was 450,033, valued at $202, the State consist of shares of banks and rail- 694,855; other property, $369,627,922 ; making roads amounting to $1,126,900. These are all a total of $672,322, 777, amounting in currency estimated as almost at par in United States cur to $1,008,484,165. Total value in 1866, $222,rency, except about $273,000 of bank stock 183,787; decrease since 1860, $786,254,876. which must be put at a low valuation. The The number of polls of whites in 1860 was 99,bonded debt of the State is $5,706,500, of which 748. The following losses of property not rethe sum of $2,675,500 is in old bonds, the first turned on the tax digest of 1866 were also of which fall due in 1868, and annually there- stated by the Comptroller: after to 1872 in such amounts as render the
Losses of railroads, since 1860.
$15,000,000 payments easy, until the latter year, when Losses of banks.....
80,000,000 $750,000 fall due. The Comptroller states that Public buildings, churches, etc..
10,000,000 the assets of the State may be safely estimated
$55,000,000 at $1,000,000, and the Western and Atlantic Add losses shown above........
786,254,876 railroad, which for several years paid an interest
$841,254,876 of over six per cent. into the treasury on $7,000,000, and was valued in 1862 by the This shows that almost four-fifths of the enLegislature at $7,849,224, besides taxable prop- tire wealth of Georgia has either been destroyed erty. The following details show the total or rendered unproductive since 1860. The tax value of various items of property with other of the State was only one-sixth of one per cent. returns exhibited on the tax digest of 1866. in 1866. The Comptroller says: “Our railThey are regarded as exceedingly low figures, roads have been repaired, commercial interand do not embrace the counties of McIntosh, course with the world reopened, cities and Rabun, and Ware, the returns of which would villages which were but a few months since have affected the general result but to a small masses of charred ruins rebuilt as if by magic, extent.
and our planting interest, though less prosLand.....
$109,112,624 00 perous than heretofore, owing to the change of City and town property.
89,396,181 00 labor and unpropitious seasons, has not been Money and solvent debts..
84,521,678 00 Merchandise
less active. We have every reason to hope Shipping and tonnage.
215,667 00 that this is but the beginning, the ground-swell Stocks, manufactures, etc..
4129,488 00 of a great and glorious future, if fortune will Household and kitchen furniture. Property not enumerated.....
28 751,667 00 continue to favor us. Though the finances of Total value of property returned.
our people are still much embarrassed, the
$222,183,787 00 Total value of taxable property.. 207,061,677 00 high price of cotton and a few good crops will Polls of whites...
86,909 entirely relieve their indebtedness.” Polls of negroes...
65,909 The University of the State bas been reProfessions...
103 opened under very favorable prospects and 44 with sufficient assets belonging to the institu
tion to remove almost entirely any future need Ten-pin alleys.
20 of assistance from the State. Public rao tracks..
On March 12, 1866, the Legislature approNumber of sheep.. Number of sheep killed by dogs in 12 months. 25,482 priated $200,000 to buy corn for the indigent Number of dogs...
92,303 poor of the State. With a portion of this sum Number of children between 6 and 18 years of
183,958 bushels were bought at St. Louis at a Number of children between 16 and 18 years of
cost of little less than a dollar, and issued to age, as guardian for.....
over forty-five thousand persons, or over four Number of hands employed, between 12 and 65 years of age....
139,988 and a half bushels per head. Number of maimed soldiers..
The returns of the year show that the State Number of acres of land..........
... 30,116,929 has lost over one hundred thousand producing The total number of acres of land returned laborers since 1863. Although it is not probin 1860 was 33,345,289; making a decrease as able that the number of laborers will continue compared with 1866 of 3,228,860. The valua- to decrease in the same ratio as during the last tion in 1860 (specie currency) was $161,764,- three years, yet there are causes at work which 955, in 1866 $103,112,524. The average value threaten rapidly to lessen the number and effiper acre in 1860 was $4.85; in 1866, $3,42, ciency of the negro laborers. The high prices being a decrease of $1.43 per acre without offered and paid for this class of laborers in the depreciation of currency. The value of city rich cotton-growing regions of the Lower Misand town property in 1860 was $35,139,415. sissippi and the West, continue to withdraw a Money and solvent debts were returned in 1860 large number of the best negro laborers from at $107,336,258, equivalent to $161,004,387 the less productive sections of the South, and United States currency. Merchandise was re all the indications now are, that their ultimate turned in 1860 at $15,577,193, equivalent in home will be the rich cotton lands of the West. the present currency to $23,365,789. The The Comptroller also states in his report that, total value of property (exclusive of slaves) in “it is an established fact that the mortality
among the negroés far exceeds wbat it was legislation of the General Assembly relative to the under our well-regulated system of slavery, status of the freedmen. It will not be lost, and may being so great as to give a reasonable founda- be speedily pushed further, if the judiciary, in courts tion for the prevalent belief that the days of jury-box, give effect to the letter and the spirit of the
of inquiry and in courts of record, the bench and the the race are numbered and that they will event- laws by them enacted. In the full assurance that my ually become extinct."
fellow-citizens, official and unofficial, who may be By the returns of the tax receivers, who called upon to participate in the administration of were required to make a list in their respective between individuals and classes, I congratulate the counties of every man who lost a limb in the people of Georgia upon this earnest of coming restorecent war, it appears there were nine hundred ration to interior self-government. In our condition and fourteen. From other sources this number neither conscious rectitude of intention nor noisy has been increased to a thousand.
and unbecoming professions of it will avail aughi. The recess of the State Legislature closed on cannot gainsay, and nothing less, will work out our
Practical demonstrations, which incredulity itself Jannary 15, 1866, when that body again re- redemption. assembled.' The Governor in another message
It is of great importance to us that none mistake laid before both Houses a code or system of
the effect of the President's recent peace proclamalaws for the government and protection of per- dition is certainly anomalous,
and mischievous errors
tion, and of the orders above referred to. *Our consons recently emancipated from slavery, and for might result from theoretical speculation upon those other purposes reported by a commission pre- documents. I therefore state, as the result of official viously appointed for that purpose. Its fea- intercourse and of careful examination of previous tures he thụs describes : “It is just and liberal, orders and circulars, which are only modified, not
: as it should be, to the freedman. It is safe, as 1. That the agents, in the several counties of the it should be, to the citizen. It extends no pol Freedmen's
Bureau, still have jurisdiction in all cases itical rights to the former, but it gives ample “between freedmen and others, when the sum insecurity to his rights of person and of property. Folved does not exceed fifty dollars, exclusive of inLike a great majority of the States which never
terest. They may also take cognizance of and try
all offences committed by freed people or against admitted, or have long since abolished slavery, them, provided the punishment does not exceed a fine we are wholly averse to investing him with of fifty dollars or thirty days' imprisonment at hard political rights and privileges. For that very labor." They are also still charged with the duty reason, we are under the highest conceivable of examining and approving, or disapproving, labor obligation to protect him in his rights of person means, freedmen requiring such aid. Trials by
contracts, and of assisting and protecting, by legal and property, and to aid, by all just means, his strictly military commissions are dispensed with, exadvance in civilization. This aid we gave him, cept where the accused is a soldier, or the offence this advance we effected for him, whilst in charged is ope against the Federal Government. slavery. Why should it be withheld now? dent's proclamation does not remove martial law or Whilst we insist upon occupying, in relation to operate in any way upon the Freedman's Bureau, in those persons, the position of the governing the exercise of its legitimate jurisdiction;" though class, let us fully and fairly meet its respon- it is not deemed expedient to resort to military sibilities."
tribunals in any case where justice can be attained An act passed at this session giving persons sion is that in case of military arrest by orders from
through the medium of civil authority.” My impresof color “the right to make and enforce con- Headquarters, Department of Georgia, interference tracts, to sue and be sued, to be parties and of State judges, by habeas corpus, will not be permitgive evidence, to inherit, purchase, lease, sell
, ed. Such orders, I believe, will be rarely if ever hold and convey real and personal property issued, and
I trust conflict will be avoided. and to have full and equal benefit of all laws information I seek to guard the whole people against and proceedings for the security of persons and erroneous impressions regarding the extent to which estate," was followed by an order approved by the Federal military authority is relaxed, I respectthe general in command of the department, se- fully call upon the civil authorities to assume and to caring to the State a partial restoration of her exercise, in perfect fairness and
justice, the jurisdic
tion clearly restored to them. Čalmly and patiently civil laws and the jurisdiction of her courts. pursuing our now ascending course, let our acts illusThis order was in accordance with a proclama- trate our title to fuller confidence and higher rights, tion of the President. The order, thus ap- Faithful observance of the Federal Constitution and proved by General Brannon, was followed, on impartial administration of the law will best vindi
cate intentions honestly entertained and distinctly April 14th, by a proclamation of Governor Jenkins, thus explaining the situation to the expressed, but cautiously accredited.
CHARLES J. JENKINS. people:
At this session of the Legislature an act known By these orders a large jurisdiction in civil and as a stay law, was passed. It provided that criminal cases whereto freedmen alone or freedmen there should be no levy or sale of property unand white persons may be parties, heretofore denied to State courts, is yelded to them. As will appear in der any execution upon any contract or liability the sequel, this does not amount to positive and final made or incurred prior to June 1, 1865, or any withdrawal of military authority. It is unquestiona- renewal thereof of a subsequent date, except bly a bighly satisfactory advance in the process of for one-third of the principal and interest after restoration to our former political status, which may January 1, 1868, and one-third after each subtion, or by a retrogade movement, as circumstances sequent year. Several cases
of exceptions were may indicate. It has been induced mainly by the made, chiefly of a fiduciary character, etc. This
bill the governor vetoed, chiefly on the ground and form to it, possibly it might have come before that the Constitution of the United States ex- been, first to push it, without
their participation, be
you a less odious thing. The policy seems to have pressly ordains that “no State shall pass any yond the stage of amendment, and then say to them, saw impairing the obligation of contracts.” The accept our bantling or take the consequences. The
judges of the Supreme Court differed in opin- omission of any material part of the process of amend. ion on the constitutionality of the law. One ment makes the amendment itself unconstitutional,
null and void. of them (Linton Stephens) thus stated the point of difference: “The whole confusion on this amendment refuse their assent to it, it cannot be
Should the States especially to be affected by this subject comes from the original false assump- adopted without excluding them from the count and tion which has sometimes been made in the placing its ratification upon the votes of three-fourths obiter dicta of judges, but which has never been of the now dominant States. decided by any court, and is inconsistent with made, the now excluded States will be kept out of
It is said, however, that unless this concession be the unbroken current of decisions—the assump- the hålls of
Congress indefinitely. Were the amend. tion that the obligation of a contract is the ex ment presented with such a menace distinctly ex. isting remedy for its enforcement. The obli- pressed, a higher motive (if possible) than any gation of a contract, it is very true, is not to be hitherto suggested would prompt its rejection. found always in the terms used by the parties: proper that the previously resisting States should, in
At the termination of hostilities, it was right and it is to be found in the liability which the exist- the most unequivocal and formal manner, abandon ing laws attach to those terms. Indeed, the such resistance; should rescind all they had done in obligation of a contract is the liability which antagonism to, and do whatever was necessary and the existing law attaches to its terms. For il- proper to place themselves in constitutional relation
with that Government. All this, we believe, Georgia lustration, a contract in this State to pay twenty has done. Beyond this, in acting upon any proposed per cent. interest, has no obligation beyond change in the fundamental law, even in this critical seven per cent., the rate fixed by law; and a con- juncture, my advice is, that her legislators act with tract to pay money for the killing of a human the same intelligent judgment and the same unflinchbeing has no obligation whatever. Parties may past, or would exercise in the future, when in full
ing firmness, that they would have exercised in the make what engagements they please, these do connection and unambiguous position. Any other not constitute their obligations; the law exist- rule of action may involve sacrifices of interest and ing at the time comes in and attaches its own of principle which magnanimity would not exact and liability to the terms used, defines and fixes the self-respect could not make. obligations arising out of those terms. These The subject was referred in each House to obligations are to be enforced by such remedies the Committee on the State of the Republic. as the political power may provide from time to These committees acted as a joint committee, time; and the courts can never interfere with and made a report on November 9th. They state changes or modifications which the political that they had serious doubts of the propriety power may make in the remedies, either quick- of discussing the proposed amendment, and they ening or slackening them, so long as the right will depart from this course only so far as to is not abrogated by the indefinite withdrawal give the reasons wbich seem to forbid discuzor suspension of all remedy."
sion npon the merits. They say: A resolution was also adopted appointing a The argument resolves itself into a few simple committee of sixteen to digest and report to the propositions. next Legislature a system of common schools. 1. If Georgia is not a State composing a part of the An act approved on March 17th regulated the Federal Government known as the Government of rights and duties of masters and apprentices, of the United States are not properly before this body.
the United States, amendments to the Constitution which placed all on the same footing without 2. If Georgia is a State composing part of the Fed. regard to color. Administrators, executors, and eral Government known as the Government of the guardians, and trustees, were relieved from all United States, then these amendments are not pro. penalties of mismanagement, misappropriation, Constitution, and are proposed in such a manner as
posed according to the requirements of the Federal or misapplication of funds of estates, who, in forbids this House from discussing the merits of the pursuance of any decree of a court or any laws amendments, without an implied surrender of the of the State, invested the funds represented, in rights of the State. certificates of the State of Georgia, or of the
In discussing these propositions, we shall endeavis
to establish: Confederate States.
1. That Georgia is a State of the United States, After a short session, confined to local affairs, coequal with all the other States of the Federal Union, the Legislature adjourned to November 1st. and therefore entitled to all the rights and privileges The most important topic of the governor's of any and every other State under the Federal Con
stitution. message to this body, when it again convened, related to the amendment of the Federal Con- in either of the methods required by the fifth article
2. That the amendments have not been proposed stitution proposed by Congress. After briefly of the Constitution. analyzing its features, he said:
In the discussion of the assertion “that I ask you to consider, however, why it is that you Georgia is a State of the United States,” etc., are called upon to vote upon its adoption, whilst your State had no voice in its preparation ?" The they urge the following considerations: Constitution secures to the States the one right as Georgia was clearly a State when the Union was distinctly and as positively as the other. Had your formed, for she was one of the original thirteen States Representatives, and those of other States similarly by whom the Government was created. Georgia, situated, been present, aiding in giving substance then, being one of the original States, never ceased
to occupy that relation to her sister States, unless by attempt to overthrow it, and which is, therefore, now the Constitution (either expressly or by implication), the supreme law of Georgia. By virtue of its power, she has reserved to herself the right to secede, or the Congress of the United States, acting upon the vested in the legislative or some other department of theory of the indivisibility of the Union, treated the the Government the right to reject her.
State as a State in the Union. The second section Did Georgia have the right to secede? Georgia of the article of the Constitution which declares "rep. supposed that when the General Government ceased resentatives and direct taxes shall be apportioned to answer the purposes of its creation, she had the among the several States which may be included right to secede, and did in fact endeavor to withdraw within the Union," and on the 5th of August, 1861, from the Federal Union in conjunction with ten of an act was passed “that a direct tax of twenty mil. her sister States. The remaining, or non-seceding lions of dollars be and is hereby annually laid upon States, declared the Union to be perpetual and indi. the United States, and the same shall be apportioned visible, but failing under the Constitution to find any to the States respectively in manner following: the power to coerce a State, Congress resorted to the 8th State of Georgia for $584,367, and a proportionate section, in which the legislative powers are defined, amount to each State and territory of the United wherein the power is given to the Congress to "sup- States," distinguishing by the act States from ter. press insurrection;" and on the 29th of July, 1861, ritories; and on July 13, 1862, by an act to amend the passed an act entitled “An act to provide for the supó judicial system of the United States, the districts of pression of rebellion against and resistance to the South Carolina, Georgia, Alabama, Mississippi, and laws of the United States, and to amend an act passed Florida, were constituted the Fifth Circuit of the February 28, 1795."
United States. There are several other acts passed Under this and similar acts the military power of the during the rebellion deriving all their force from the United States was called forth designedly not against Constitution, wherein it defines the legislative power the States, but to suppress insurrection by the peo. of Congress over the States in the Union, and which, ple within the States. The United States Govern. but for the fact that these States were regarded as in ment uniformly refused to recognize the acts of the Union, would have been wholly inapplicable to secession as State acts, but treated them as the acts them. The whole theory adopted by Congress and the of insurgents rebelling against the authority of the Executive, and maintained throughout the entire war, States and of the United States. Under this politi. was this: The Union is indissoluble, the practical cal aspect of the case, no war was ever declared by relation of the States to the Federal Government is Congress (which is the only power that could declare interrupted by a rebellion. The whole power of the war), because a declaration of war would have recog- Government must be used to suppress the rebellion, nized the practical right of secession.
that the States may be restored to their practical relaThe war would have necessarily been declared tions with the Federal Government. Had the people against the Confederate Government as a foreign in the disaffected States returned peaceably to their power, and the relations in which the States com. abodes under the first proclamation, the State would posing the Confederate Government would bave been have been immediately restored to their practical relato the United States or remaining States, when con. tions, and the result followed whenever the President quered, would have been entirely dependent upon declared the rebellion suppressed. Whenever the such terms as should be embodied in the Treaty of laws could be enforced in the ordinary judicial course, Peace, which might be made between the two con. the Union was restored, and the Constitution protending powers.
claimed the relation of the States to the Federal Gov. Instead of recognizing secession and declaring war, ernment, rendering legislation on the subject by Conthe Congress of the United States passed the act re gress not only unnecessary, but unwarranted. We ferred to for suppressing insurrection whenever, in have thus endeavored to show that the right to sethe judgment of the President, the laws of the United cede is denied by the General Government, and its States could not be enforced by the ordinary course construction has been maintained by the sword, and of judicial proceedings.
is submitted to by all the States. Has Congress the How long did the power of the President continue right to erect a State? The powers of legislation are to employ the militia of the several States and the defined in the eighth section, and no power is given land and naval forces of the United States? So long to Congress to legislate a State out of the Union. as the cause which called it into existence continued, And, while by the third section of the fourth article, and no longer. What was that cause? This act, and the Congress may admit a new State formed out of all acts passed by Congress on the subject, declare the territory of the United States or foreign terri. that it was to suppress an insurrection when it should tory, there is no clause of that instrument by which be so formidable that the laws of the United States Congress, or any other power, can transform a State could not be enforced by ordinary judicial course, into a territory. Then as Georgia was one of the and this fact was left to the judgment of the Presi- original thirteen States which formed the Union, and dent, whose duty it is to see that the laws of the could neither withdraw from it, nor be legislated out United States are executed.
of it, her Federal relations were only suspended The President, by, proclamation, has declared the during the rebellion. She must necessarily continue rebellion suppressed, that peace reigns throughout to be one of the United States, and as such her relathe United States, and that the laws be enforced by tion to the Federal Government and to her sister ordinary judicial course. In other words, that in. States is defined by the Constitution of the United surrection did exist on the part of a portion of the States. And this relation cannot be changed, nor people of several States of the Union, that the insur- the terms of the Constitution altered in any way, ex. rection has been suppressed, and the whole people of cept in one of the modes provided in that instrument those States are now (as a portion of them always by the States themselves. have been) ready to render obedience to the laws of the United States.
The report concluded with the following No treaty followed the suppression of the insurrec- resolution: tion, because a government does not treat with individuals, and the Government of the United States Resolved, That the Legislature of Georgia declines throughout the whole of this contest has refused to to ratify the proposed amendment adding a fourtreat it as a contest with the States, and again, because teenth article to the Constitution of the United the people hitherto charged with being in insurrection States. were citizens of States already bound together by
In the Senate the resolution was unanimously a compact known as the Constitution of the United States, which has never been abrogated or overthrown, adopted. In the House the vote in its favor and has lost none of its vitality by an unsuccessful was 132 to 2.