Chapter 18

See du Cange,Glossarium mediae et infimae latinitatis(Niort and London, 1884), s.v. “Eminentia.”

EMINENT DOMAIN(Lat.eminens, rising high above surrounding objects: anddominium, domain), a term applied in law to the sovereign right of a state to appropriate private property to public uses, whether the owner consents or not. It is repeatedly employed by Grotius (e.g.De jure belli, bk. iii. c. 20, s. 7), Bynkershoek (Quaest. jur. pub.bk. 2, c. 15), and Puffendorf (De jure naturae et gentium, bk. i. c. 1, s. 19),—the two latter, however, preferring the wordimperiumtodominium; and by other Dutch jurists. But in modern times it is chiefly in the United States of America that the doctrine of eminent domain has received its application, and it is chiefly to American law that the following remarks refer (see also the articleCompensation). Eminent domain is distinguishable alike from thepolice power, by which restrictions are imposed on private property in the public interest,e.g.in connexion with the liquor traffic or public health (seere Haff(1904), 197 U.S. 488); from thepower of taxation, by which the owner of private property is compelled to contribute a portion of it for public purposes; and from thewar-power, involving the destruction of private property in the course of military operations. The police power fetters rights of property; eminent domain takes them away. The power of taxation is analogous to eminent domain as regards the purposes to which the contribution of the tax-payer is to be applied. But, unlike eminent domain, it does not necessarily involve a taking of specific property for those purposes. The destruction of property in military operations—or in the discharge by Government of other duties in cases of necessity,e.g.in order to check the progress of a fire in a city—clearly cannot be said to be an exercise of the power of eminent domain. The question whether the element of compensation is necessarily involved in the idea of eminent domain has in modern times aroused much controversy. According to one school of thought (see Lewis,Eminent Domain, s. 10), this question must be answered in the negative. According to a second, whose view has the support of the civilians (see Randolph,Eminent Domain, s. 227; Mills,Eminent Domain, s. 1) compensation is an inherent attribute of the power. An intermediate view is advocated by Professor Thayer (Cases on Constitutional Law, vol. 1, 953), according to which eminent domain springs from the necessities of government, while the obligation to reimburse rests upon the natural right of individuals. The right to compensation is thus not a component part of the power to take, but arises at the same time and the latter cannot exist without it. The relation between the two is that of substance and shadow. The matter is not, however, of great practical importance, for the Federal Constitution prohibits the exercise of the power “without just compensation” (5th Amendment), while in most of the states the State constitution or other legislation has imposed upon it a similar limitation: and the tendency of modern judicial decisions is in favour of the view that the absence of such a limitation will make an enactment so far unconstitutional and invalid.

In order to justify the exercise of the power of eminent domain, the purposes to which the property taken is to be applied must be “public,”i.e.primarily public, and not primarily of private interest and merely incidentally beneficial to the public (Madisonville Traction Co.v.Mining Co., 1904, 196 U.S. 239). Subject to this definition, the term “public” receives a wide interpretation. All kinds of property may be taken; and the procedure indicated by the different legislatures must be followed. Any contravention of this rule would involve a breach of the 5th Amendment of the Federal Constitution, which provides that “no person ... shall be ... deprived of ... property, without due process of law.” It may be added that if the performance of a covenant is rendered impossible by an act of eminent domain the covenantor is excused.

InEnglish law, the only exact analogue to the doctrine of eminent domain is to be found in the prerogative right of the crown to enter upon the lands of subjects or to interfere with their enjoyment for the defence of the realm (seeA.G.v.Tomline; 1879; 12 Ch. D. 214). No attempt is made to exercise this prerogative, and lands are acquired for state purposes by statute usually framed on or incorporating the Lands Clauses Acts (seeCompensation). The FrenchCode Civilsecures compensation to the owner of property in cases ofexpropriation pour cause d’utilité publique(art. 545), and there is similar provision in Belgium (Const. Law, art. II.), Holland (Fundamental Law, art. 147), Spain (Civil Code, art. 349, and Law of 3rd May, 1841), and most other European states. It has been held in France that the right to compensation does not arise under art. 545 of the Code Civil where only aservitude d’utilité publiqueis created on a private individual’s land.

In addition to the authorities cited in the text, see Lewis,Eminent Domain(2nd ed., Chicago, 1900); Mills,Eminent Domain(2nd ed., St Louis, 1888); Randolph,Eminent Domain in the United States(Boston, 1894).

(A. W. R.)

EMINESCU, MICHAIL(1849-1889), the greatest Rumanian poet of the 19th century, was born on the 20th of December in Ipateshti near Botoshani, in the north of Moldavia. He was of Turco-Tatar origin, and his surname was originally Emin; this was changed to Eminovich and finally to the Rumanian form Eminescu. He was educated for a time in Czernowitz, and then entered the civil service. In 1864 he resumed his studies in Transylvania, but soon joined a roving theatrical company where he played in turn the rôles of actor, prompter and stage-manager. After a few years he went to Vienna, Jena and Berlin, where he attended lectures, especially on philosophy. In 1874 he was appointed school inspector and librarian at the university of Jassy, but was soon turned out through the change of government, and took charge, as editor in chief, of the Conservative paperTimpul(Times). In 1883he had the first attack of the insanity hereditary in his family, and in 1889 he died in a private institution in Bucharest. In 1870 his great poetical talent was revealed by two contributions to theConvorbiri literare, the organ of the Junimist party in Jassy; these were the poems “Venera şi Madona” and “Epigonii.” Other poems followed and soon established his claim to be the first among the modern poets of his country. He was thoroughly acquainted with the chronicles of the past, had a complete mastery of the Rumanian language, and was a lover and admirer of Rumanian popular poetry. Influenced by these studies and by the philosophy of Schopenhauer, he introduced a new spirit into Rumanian poetry. Mystically inclined and himself of a melancholy disposition, he lived in the glory of the medieval Rumanian past; stifled by the artificiality of the world around him, he rebelled against the conventionality of society and his surroundings. In inimitable language he denounced the vileness of the present and painted in glowing pictures the heroism of the past; he also surprised nature in its primitive beauty, and he gave expression to stirring emotions in lyrics couched in the language and metre of popular poetry. He further proved himself an unsurpassed master in satire. Over all his poetry hangs a cloud of sadness, the sense of coming doom. Simplicity of language, masterly handling of rhyme and verse, deep thought and plastic expression made Eminescu the creator of a school of poetry which dominated the thought of Rumania and the expression of Rumanian writers and poets at the end of the 19th century and the beginning of the 20th.

Five editions of his collected poems appeared after 1890. Some of them were translated into German by “Carmen Sylva” and Mite Kremnitz, and others have also been translated into several other languages. Eminescu also wrote two short novels, real poems in prose (Jassy, 1890).

(M. G.)

EMIN PASHA[Eduard Schnitzer] (1840-1892), German traveller, administrator and naturalist, was the son of Ludwig Schnitzer, a merchant of Oppeln in Silesia, and was born in Oppeln on the 28th of March 1840. He was educated at the universities of Breslau, Berlin and Königsberg, and took the degree of M.D. at Berlin. He displayed an early predilection for zoology and ornithology, and in later life became a skilled and enthusiastic collector, particularly of African plants and birds. When he was four-and-twenty he determined to seek his fortunes abroad, and made his way to Turkey, where, after practising medicine on his own account for a short time, he was appointed (in 1865) quarantine medical officer at Antivari. The duties of the post were not heavy, and allowed him leisure for a diligent study of Turkish, Arabic and Persian. From 1870 to 1874 he was in the service of the governor of northern Albania, had adopted a Turkish name (though not that by which he afterwards became so widely known), and was practically naturalized as a Turk.

After a visit home in 1875 he went to Cairo, and then to Khartum, in the hope of an opportunity for travelling in the interior of Africa. This came to him in the following year, when General Charles George Gordon, who had recently succeeded Sir Samuel Baker as governor of the equatorial provinces of Egypt, invited Schnitzer, who was now known as “Emin Effendi,” to join him at Lado on the upper Nile. Although nominally Gordon’s medical officer, Emin was soon entrusted with political missions of some importance to Uganda and Unyoro. In these he acquitted himself so well that when, in 1878, Gordon’s successor at Lado was deprived of his office on account of malpractices (Gordon himself having been made governor-general of the Sudan), Emin was chosen to fill the post of governor of the Equatorial Province (i.e.the old equatorial provinces minus the Bahr-el-Ghazal) and given the title of “bey.” He proved an energetic and enterprising governor; indeed, his enterprise on more than one occasion brought him into conflict with Gordon, who eventually decided to remove Emin to Suakin. Before the change could be effected, however, Gordon resigned his post in the Sudan, and his successor revoked the order.

The next three or four years were employed by Emin in various journeys through his province, and in the initiation of schemes for its development, until in 1882, on his return from a visit to Khartum, he became aware that the Mahdist rising, which had originated in Kordofan, was spreading southward. The effect of the rising was, of course, more markedly felt in Emin’s province after the abandonment of the Sudan by the Egyptian government in 1884. He was obliged to give up several of his stations in face of the Mahdist advance, and ultimately to retire from Lado, which had been his capital, to Wadelai. This last step followed upon his receipt of a letterfromNubar Pasha, informing him that it was impossible for the Egyptian government to send him help, and that he must stay in his province or retire towards the coast as best he could. Emin (who about this time was raised to the rank of pasha) had some thoughts of a retreat to Zanzibar, but decided to remain where he was and endeavour to hold his own. To this end he carried on protracted negotiations with neighbouring native potentates. When, in 1887, (Sir) H.M. Stanley’s expedition was on its way to relieve him, it is clear from Emin’s diary that he had no wish to leave his province, even if relieved. He had done good work there, and established a position which he believed himself able to maintain. He hoped, however, that the presence of Stanley’s force, when it came, would strengthen his position; but the condition of the relieving party, when it arrived in April 1888, did not seem to Emin to promise this. Stanley’s proposal to Emin, as stated in the latter’s diary, was that Emin should either remain as governor-general on behalf of the king of the Belgians, or establish himself on Victoria Nyanza on behalf of a group of English merchants who wished to start an enterprise in Africa on the model of the East India Company. After much hesitation, and prompted by a growing disaffection amongst the natives (owing, as he maintained, to his loss of prestige after the arrival of Stanley’s force), Emin decided to accompany Stanley to the coast, where the expedition arrived in December 1889. Unfortunately, on the evening of a reception dinner given in his honour, Emin met with an accident which resulted in fracture of the skull. Careful nursing gradually restored him to health, and on his convalescence he resolutely maintained his decision to remain in Africa, and, if possible, to work there in future on behalf of the German government. The seal was definitely set upon this decision by his formal engagement on behalf of his native country, early in 1890. Preparations for a new expedition into the interior were set on foot, and meanwhile Emin was honoured in various ways by learned societies in Germany and elsewhere.

The object of the new expedition was (to quote Emin’s instructions) “to secure on behalf of Germany the territories situated south of and along Victoria Nyanza up to Albert Nyanza,” and to “make known to the population there that they were placed under German supremacy and protection, and to break or undermine Arab influence as far as possible.” The force, which was well equipped, started at the end of April 1890. But before it had penetrated far inland the political reasons for sending the expedition vanished with the signature, on the 1st of July 1890, of the Anglo-German agreement defining the spheres of influence of the two nations, an agreement which excluded the Albert Nyanza region from the German sphere. For a time things went well enough with the expedition; Emin occupied the important town of Tabora on the route from the coast to Tanganyika and established the post of Bukoba on Victoria Nyanza, but by degrees ill-fortune clouded its prospects. Difficulties on the route; dissensions between Emin and the authorities in German East Africa, and misunderstandings on the part of both; epidemics of disease in Emin’s force, followed by a growing spirit of mutiny among his native followers; an illness of a painful nature which attacked him—all these gradually undermined Emin’s courage, and his diaries at the close of 1891 reflect a gloomy and almost hopeless spirit. In May that year he had crossed into the Congo State by the south shore of Albert Edward Nyanza, and many months were spent on the borders of the great Congo Forest and in the Undusuma country south-west of Albert Nyanza, breaking ground new to Europeans.In December 1891 he sent off his companion, Dr Stuhlmann, with the bulk of the caravan, on the way back to the east coast. Emin remained behind with the sick, and with a very reduced following left the lake district in March 1892 for the Congo river. On reaching Ipoto on the Ituri he came within the region of the Arab slave raiders and ivory hunters, in whose company he at times travelled. These gentry were incensed against Emin for the energetic way in which he had dealt with their comrades while in German territory, and against Europeans generally by the campaign for their suppression begun by the Congo State. At the instigation of one of these Arabs Emin was murdered on the 23rd or 24th of October 1892 at Kinena, a place about 80 m. E.S.E. of Stanley Falls.

SeeEmin Pasha, his Life and Work, by Georg Schweitzer, with introduction by R.W. Felkin (2 vols., London, 1898);Emin Pasha in Central Africa(London, 1888), a collection of Emin’s papers contributed to scientific journals; andMit Emin Pascha ins Herz von Afrika(Berlin, 1894), by Dr Franz Stuhlmann. Major G. Casati (1838-1902), an Italian officer who spent several years with Emin, and accompanied him and Stanley to the coast, narrated his experiences inDieci anni in Equatoria(English edition,Ten Years in Equatoria and the Return with Emin Pasha, London, 1891).

EMLYN, THOMAS(1663-1741), English nonconformist divine, was born at Stamford, Lincolnshire. He served as chaplain to the presbyterian Letitia, countess of Donegal, and then to Sir Robert Rich, afterwards (1691) becoming colleague to Joseph Boyse, presbyterian minister in Dublin. From this office he was virtually dismissed on his own confession of unitarianism, and for publishingAn Humble Inquiry into the Scripture Account of Jesus Christ(1702) was sentenced to a year’s imprisonment and a fine of £1000. Thanks to the intervention of Boyse he was released in 1705 on payment of £90. He is said to have been the first English preacher definitely to describe himself as “unitarian,” and writes in his diary, “I thank God that He did not call me to this lot of suffering till I had arrived at maturity of judgment and firmness of resolution, and that He did not desert me when my friends did. He never let me be so cast down as to renounce the truth or to waver in my faith.” Of Christ he writes, “We may regard with fervent gratitude so great a benefactor, but our esteem and rational love must ascend higher and not rest till it centre in his God and ours.” Emlyn preached a good deal in Paul’s Alley, Barbican, in his later years, and died in London in 1741.

EMMANUEL, orImmanuel, a Hebrew symbolical proper name, meaning “God (is) with us.” When in 734-733B.C.Ahaz, king of Judah, alarmed at the preparations made against him by the Syro-Ephraimitish alliance, was inclined to seek aid from Tiglath-pileser of Assyria, the prophet Isaiah endeavoured to allay his fear by telling him that the danger would pass away, and as a sign from Yahweh that this should be so, any young woman who should within the year bear a son, might call his name Immanuel in token of the divine protection accorded to Judah. For before the infant should come to even the immature intelligence of childhood the lands of the foe would be laid waste (Isaiah vii. 14-16). For other interpretations, especially as regards the mother, seeEncy. Bib.col. 2162-3, and the commentaries. In the post-exilic period the historical meaning of the passage was forgotten, and a new significance was given to it in accordance with the gradually developing eschatological doctrine. This new interpretation finds expression in Matt. i. 23, where the name is applied to Jesus as the Messiah. At the close of Isaiah viii. 8 for “of thy land, O Immanuel,” we should probably read “of the land, for God is with us.” The three passages quoted are the only instances where this word occurs in Scripture; it is frequent in hymns and devotional literature as a title of Jesus Christ.

EMMANUEL PHILIBERT(1528-1580), duke of Savoy, son of Charles III. and Beatrice of Portugal, one of the most renowned princes of the later Renaissance, was born on the 8th of July 1528. Charles, after trying in vain to remain neutral in the wars between France and the emperor Charles V., had been forced to side with the latter, whereupon his duchy was overrun with foreign soldiery and became the battlefield of the rival armies. Prince Emmanuel took service with the emperor in 1545 and distinguished himself in Germany, France and the Low Countries. On the death of his father in 1553 he succeeded to the title, little more than an empty one, and continued in the emperor’s service. Having been refused the command of the imperial troops in Piedmont, he tried in vain to negotiate a separate peace with France; but in 1556 France and Spain concluded a five years’ truce, by which each was to retain what it then occupied. This would have been the end of Savoy, but within a year the two powers were again at war. The chief events of the campaign were the successful resistance of Cuneo, held for the duke by Count Luserna, and the victory of St Quentin (1557), won by Emmanuel Philibert himself against the French. At last in 1558 the powers agreed to an armistice, and in 1559 the peace of Cateau-Cambrésis was made, by which Emmanuel regained his duchy, but on onerous terms, for France was to occupy several Piedmontese fortresses, including Turin and Pinerolo, for not more than three years, and a marriage was arranged between the duke and Margaret, duchess of Berry, sister of the French king; while Spain was to garrison Asti and Vercelli (afterwards exchanged for Santhià) until France evacuated the above-mentioned fortresses. The duke’s marriage took place in Paris a few months later; and after the French evacuation he re-entered his dominions amidst the rejoicings of the people. The condition of Piedmont at that time was deplorable; for wars, the exactions and devastations of the foreign soldiery, and religious antagonism between Catholics and Protestants had wrought terrible havoc. “Uncultivated,” wrote the Venetian ambassador, quoted by E. Ricotti, “no citizens in the cities, neither man nor beast in the fields, all the land forest-clad and wild; one sees no houses, for most of them are burnt, and of nearly all the castles only the walls are visible; of the inhabitants, once so numerous, some have died of the plague or of hunger, some by the sword, and some have fled elsewhere preferring to beg their bread abroad rather than support misery at home which is worse than death.” There was no army, the administration was chaotic, and the finances were in a hopeless state. The duke set to work to put his house in order, and inaugurated a series of useful reforms, ably assisted by his minister, Niccolò Balbo. But progress was slow, and was accompanied by measures which abolished the states general, the last survival of feudal liberties. Savoy, following the tendency of the other states of Europe at that time, became thenceforth an absolute monarchy, but without that transformation the achievement of complete independence from foreign powers would have been impossible.

One of the first questions with which he had to deal was the religious difficulty. The inhabitants of the Pellice and Chisone valleys had long professed a primitive form of Christianity which the orthodox regarded as heretical, and had been subject to numerous persecutions in consequence (seeWaldenses). At the time of the Reformation they had gone over to Protestantism, and during the wars of the 16th century the new religion made great progress in Piedmont. The duke as a devout Catholic desired to purge the state of heresy, and initiated repressive measures against the Waldenses, but after some severe and not very successful fighting he ended by allowing them a measure of religious liberty in those valleys (1561). At the pope’s instigation he recommenced persecution some years later, but his duchess and some German princes pleaded successfully in favour of the Protestants. He next turned his attention to getting rid of the French garrisons; the negotiations proved long and troublesome, but in December 1562 the French departed on payment of 100,000 scudi, retaining only Pinerolo and Savigliano, and Turin became the capital once more. There remained the Bernese, who had occupied some of the duke’s territories in Savoy and Vaud, and in Geneva, over which he claimed certain rights. With Bern he made a compromise, regaining Gex, the Chablais, and the Genevois, on condition that Protestantism should be tolerated there, but he renounced Vaud and some other districts (1566). Disagreements with the Valais were settled in a similar way in 1569; but the Genevans refused to recognize Savoyardsuzerainty. Emmanuel reformed the currency, reorganized justice, prepared the way for the emancipation of the serfs, raised the standing army to 25,000 men, and fortified the frontiers, ostensibly against Huguenot raids, but in reality from fear of France. On the death of Charles IX. of France in 1574 the new king, Henry III., passed through Piedmont on his way from Poland; Emmanuel gave him a magnificent reception, and obtained from him a promise that Pinerolo and Savigliano should be evacuated, which was carried out at the end of the year. Philip of Spain was likewise induced to evacuate Asti and Santhià in 1575. Thus, after being more or less under foreign occupation for 39 years, the duchy was at last free. The duke rounded off his dominions by the purchase of Tenda and Oneglia, which increased his seaboard, and the last years of his life were spent in fruitless negotiations to obtain Monferrato, held by the Gonzagas under Spanish protection, and Saluzzo, which was a French fief. He died on the 30th of August 1580, and was succeeded by his son Charles Emmanuel I. As a statesman Emmanuel Philibert was able, business-like and energetic; but he has been criticized for his duplicity, although in this respect he was no worse than most other European princes, whose ends were far more questionable. He was autocratic, but just and very patriotic. During his reign the duchy, which had been more than half French, became predominantly Italian. By diplomacy, which, although he was a capable and brave soldier, he preferred to war, he succeeded in freeing his country, and converting it from a ruined and divided land into a respectable independent power of the second rank, and, after Venice, the best-governed state in Italy.

The most accurate biography of Emmanuel Philibert is contained in E. Ricotti’sStoria della monarchia Piemontese, vol. ii. (Florence, 1861), which is well done and based on documents; cf. Claretta’sLa Successione di Emanuele Filiberto(Turin, 1884).

EMMAUS, the name of two places in Palestine.

1. A village mentioned by Luke (xxiv. 13), without any indication of direction, as being 60 stadia (almost 7 m.), or according to some MSS.1160 stadia, from Jerusalem. Its identification is a matter of mere guesswork: it has been sought at (a) Emmaus-Nicopolis (see 2 below), distant 176 stadia from Jerusalem; (b) Kuryet el-‘Enab, distant 66 stadia, on the carriage road to Jaffa; (c) Kulonieh, distant 36 stadia, on the same road; (d) el-Kubeibeh, distant 63 stadia, on the Roman road to Lydda; (e) ’Urtas, distant 60 stadia; and (f) Khurbet el-Khamasa, distant 86 stadia, on the Roman road to Eleutheropolis. Of these, el-Kubeibeh or ‘Urtas seems the most probable, though many favour Kulonieh because of its nearness to Bet Mizza, in which name there is similarity with Emmaus, and because of a reading (30 stadia) in Josephus.

2. Emmaus-Nicopolis, now ‘Amwās, a town on the maritime plain, and a place of importance during the Maccabaean and Jewish wars. Near it Judas Maccabaeus defeated Gorgias in 164B.C., and Vespasian established a fortified camp inA.D.69. It was afterwards rebuilt and named Nicopolis, and became an episcopal see. It was also noted for a healing spring.

1Including Codexא. But this distance is too great for the conditions of Luke’s narrative and the reading (160) is evidently an attempt to harmonize with the traditional identification of Emmaus-Nicopolis held by Eusebius and Jerome. For a curious reading in three old Latin MSS, which makes Emmaus the name of the second traveller on the journey, seeExpos. Times, xiii. 429, 477, 561.

EMMENDINGEN, a town of Germany, in the grand-duchy of Baden, close to the Black Forest, on the Elz and the main line of railway Mannheim-Constance. Pop. 6200. It has a Protestant church with a fine spire, a Roman Catholic church, a handsome town-hall, an old castle (now a hospital), once the residence of the counts of Hochberg, spinning mills, tanneries and manufactures of photographic instruments, paper, machinery and cigars. There is also a considerable trade in timber and cattle. Here the author Johann Georg Schlosser (1739-1799), the husband of Goethe’s sister Cornelia (who died in 1777 and is interred in the old graveyard), wasOberamtmann(bailiff) for a few years.

Emmendingen was formerly the seat of the counts of Hochberg, a cadet branch of the margraves of Baden. In 1418 it received market rights from the emperor, and in 1590 was raised to the status of a town, and walled, by Margrave Jacob III.

EMMERICH(the ancientEmbrica), a town of Germany, in the Prussian Rhine province, on the right bank of the Rhine and the railway from Cologne to Amsterdam, 5 m. N.E. of Cleves. Pop. (1905) 12,578. It has a considerable shipping trade, and manufactories of tobacco and cigars, chocolate, margarine, oil, chemicals, brushes, vinegar, soap, guano and perfumery. There are also iron foundries and machine factories. The old minster church, built in the middle of the 11th century, contains some fine choir stalls.

Emmerich, formerly called Embrika and Emrik, originally a Roman colony, is mentioned in records so early as the 7th century. St Willibrord founded a monastery and church here. In 1233 the place came into the possession of the dukes of Gelderland and received the status of a town in 1247. In 1371 it fell to the duchy of Cleves, and passed with it in 1609 to Brandenburg. The town joined the Hanseatic League in 1407. In 1794 it was bombarded by the French under General Vandamme, and in 1806 it was assigned to the grand-duchy of Berg. It passed into the possession of Prussia in 1815.

See A. Dederich,Annalen der Stadt Emmerich(Emmerich, 1867).

EMMET, ROBERT(1778-1803), Irish rebel, youngest son of Robert Emmet, physician to the lord-lieutenant of Ireland, was born in Dublin in 1778, and entered Trinity College in October 1793, where he had a distinguished academic career, showing special aptitude for mathematics and chemistry, and acquiring a reputation as an orator. Without taking a degree he removed his name from the college books in April 1798, as a protest against the inquisitorial examination of the political views of the students conducted by Lord Clare as chancellor of the university. Thus cut off from entering a learned profession, he turned towards political intrigue, being already to some extent in the secrets of the United Irishmen, of whom his elder brother Thomas Addis Emmet (see below) was one of the most prominent. In April 1799 a warrant was issued for his arrest, but was not executed; and in 1800 and the following year he travelled on the continent of Europe, where he entered into relations with the leaders of the United Irishmen, exiled since the rebellion of 1798, who were planning a fresh outbreak in Ireland in expectation of support from France. Emmet went to Paris in October 1802, where he had an interview with Bonaparte which convinced him that the peace of Amiens would be of short duration and that a French invasion of England might be looked for in August 1803. The councils of the conspirators were weakened by divided opinions as to the ultimate aim of their policy; and no clearly thought-out scheme of operations appears to have been arrived at when Emmet left Paris for Ireland in October 1802. Those in his confidence afterwards denied that Emmet was himself the originator of the plan on which he acted; and several of the ablest of the United Irishmen held aloof, believing the project to be impracticable. Among the latter was Lord Cloncurry, at one time on the executive of the United Irishmen, with whom Emmet dined the night before he left Paris, and to whom he spoke of his plans with intense enthusiasm and excitement. Emmet’s lack of discretion was shown by his revealing his intentions in detail to an Englishman named Lawrence, resident near Honfleur, with whom he sought shelter when travelling on foot on his way to Ireland. Arriving in Dublin at the end of October he received information to the effect that seventeen counties were ready to take up arms if a successful effort were made in Dublin. For some time he remained concealed in his father’s house near Miltown, making his preparations. A large number of pikes were collected and stored in Dublin during the spring of 1803, but fire-arms and ammunition were not plentiful.

The probability of a French invasion in August was increased by the renewal of the war in May, Emmet’s brother Thomas being then in Paris in communication with Talleyrand and Bonaparte. But a discovery by the government of concealedarms, and an explosion at one of Emmet’s depôts in Patrick Street on the 16th of July, necessitated immediate action, and the 23rd of that month was accordingly fixed for the projected rising. An elaborate plan of operations, which he described in detail in a letter to his brother after his arrest, had been prepared by Emmet, the leading feature of which was a simultaneous attack on the castle, the Pigeon House and the artillery barracks at Island bridge; while bodies of insurgents from the neighbouring counties were to march on the capital. But the whole scheme miscarried. Some of Emmet’s bolder proposals, such as a plan for capturing the commander-in-chief, were vetoed by the timidity of his associates, none of whom were men of any ability. On the 23rd of July all was confusion at the depôts, and the leaders were divided as to the course to be pursued; orders were not obeyed; a trusted messenger despatched for arms absconded with the money committed to him to pay for them; treachery, quite unsuspected by Emmet, honeycombed the conspiracy; the Wicklow contingent failed to appear; the Kildare men turned back on hearing that the rising had been postponed; a signal expected by a contingent at the Broadstone was never given. In this hopeless state of affairs a false report reached Emmet at one of his depôts at nine o’clock in the evening that the military were approaching. Without taking any step to verify it, Emmet put on a green and white uniform and placed himself at the head of some eighty men, who marched towards the castle, being joined in the streets by a second body of about equal strength. None of these insurgents had any discipline, and many of them were drunk. Lord Kilwarden, proceeding to a hastily summoned meeting of the privy council, was dragged from his carriage by this rabble and murdered, together with his nephew Richard Wolfe; his daughter who accompanied him being conveyed to safety by Emmet himself. Emmet, now seeing that the rising had become a mere street brawl, made his escape; a detachment of soldiers quickly dispersed his followers.

After hiding for some days in the Wicklow mountains Emmet repaired to the house of a Mrs Palmer at Harold’s Cross, in order to be near the residence of John Philpot Curran (q.v.), to whose daughter Sarah he had for some time been secretly attached, and with whom he had carried on a voluminous correspondence, afterwards seized by the authorities at her father’s house. Attempting without success to persuade this lady to fly with him to America, Emmet lingered in the neighbourhood till the 25th of August, when he was apprehended by Major H.C. Sirr, the same officer who had captured Lord Edward Fitzgerald in 1798. At his trial he was defended and betrayed by the infamous Leonard MacNally (q.v.), and was convicted of treason; and after delivering an eloquent speech from the dock, was hanged on the 20th of September 1803.

By the universal testimony of his friends, Robert Emmet was a youth of modest character, pure motives and winning personality. But he was entirely lacking in practical statesmanship. Brought up in a revolutionary atmosphere, his enthusiasm was uncontrolled by judgment. Thomas Moore, who warmly eulogizes Emmet, with whom he was a student at Trinity College, records that one day when he was playing on the piano the melody “Let Erin remember,” Emmet started up exclaiming passionately, “Oh, that I were at the head of 20,000 men marching to that air!” He had no knowledge of the world or of men; he trusted every one with child-like simplicity; except personal courage he had none of the qualities essential to leadership in such an enterprise as armed rebellion. The romance of his love affair with Sarah Curran—who afterwards married Robert Henry Sturgeon, an officer distinguished in the Peninsular War—has cast a glamour over the memory of Robert Emmet; and it inspired Thomas Moore’s well-known songs, “She is far from the land where her young hero sleeps,” and “Oh, breathe not his name”; it is also the subject of Washington Irving’s “The Broken Heart.” Emmet was short and slight in figure; his face was marked by smallpox, and he was described in 1803 for the purpose of identification as being “of an ugly, sour countenance and dirty brown complexion.” A few poems by Emmet of little merit are appended to Madden’s biography.

See R.R. Madden,The United Irishmen, their Lives and Times(2nd ed. 4 vols., Dublin, 1858-1860); Charles Phillips,Recollections of Curran and Some of his Contemporaries(2nd ed., London, 1822); Henry Grattan,Memoirs of the Life and Times of the Right Hon. H. Grattan(5 vols., London, 1839-1846); W.H. Maxwell,History of the Irish Rebellion in 1798; with Memoirs of the Union and Emmet’s Insurrection in 1803(London, 1845); W.H. Curran,Life of J.P. Curran(2 vols., Edinburgh, 1822); Thomas Moore,Life and Death of Lord Edward Fitzgerald(2 vols. 3rd ed., London, 1832); andMemoirs, Journals and Correspondence of Thomas Moore, edited by Lord John Russell (8 vols., London, 1853-1856).

(R. J. M.)

EMMET, THOMAS ADDIS(1764-1827), Irish lawyer and politician, second son of Robert Emmet, physician to the lord-lieutenant of Ireland, and elder brother of Robert Emmet (q.v.), the rebel, was born at Cork on the 24th of April 1764, and was educated at Trinity College, Dublin, and at Edinburgh University, where he studied medicine and was a pupil of Dugald Stewart in philosophy. After visiting the chief medical schools on the continent, he returned to Ireland in 1788; but the sudden death of his elder brother, Christopher Temple Emmet (1761-1788), a barrister of some distinction, induced him to follow the advice of Sir James Mackintosh to forsake medicine for the law as a profession. He was called to the Irish bar in 1790, and quickly obtained a practice, principally as counsel for prisoners charged with political offences, and became the legal adviser of the leading United Irishmen. When the Dublin corporation issued a declaration of Protestant ascendancy in 1792, the counter-manifesto of the United Irishmen was drawn up by Emmet; and in 1795 he took the oath of the society in open court, becoming secretary in the same year and a member of the executive in 1797. Although Grattan had a profound contempt for Emmet’s political understanding, describing him as a quack in politics who set up his own crude notions as settled rules, Emmet was among the more prudent of the United Irishmen on the eve of the rebellion. It was only when convinced that parliamentary reform and Catholic emancipation were not to be obtained by constitutional methods, that he reluctantly engaged in treasonable conspiracy; and in opposition to bolder spirits like Lord Edward Fitzgerald, he discountenanced the taking up of arms until help should be obtained from France. Though not among those taken at the house of Oliver Bond on the 12th of March 1798 (seeFitzgerald, Lord Edward), he was arrested about the same time, and he was one of the leaders who after the rebellion were imprisoned at Fort George till 1802. Being then released, he went to Brussels, where he was visited by his brother Robert in October of that year; and he was in the secrets of those who were preparing for a fresh rising in Ireland in conjunction with French aid. After the failure of Robert Emmet’s rising in July 1803, the news of which reached him in Paris, where he was in communication with Bonaparte, he emigrated to the United States. Joining the New York bar he obtained a lucrative practice and in 1812-13 was attorney-general of New York; his abilities and success being such that Judge Story declared him to be “by universal consent in the first rank of American advocates.” He died while conducting a case in court on the 14th of November 1827. Thomas Emmet married, in 1791, Jane, daughter of the Rev. John Patten, of Clonmel.

See authorities underEmmet, Robert; also Alfred Webb,Compendium of Irish Biography(Dublin, 1878); C.S. Haynes,Memoirs of Thomas Addis Emmet(London, 1829); Theobald Wolfe Tone,Memoirs, edited by W.T.W. Tone (2 vols., London, 1827); W.E.H. Lecky,Hist. of Ireland in the Eighteenth Century, vol. iv. (Cabinet edition, 5 vols., London, 1892).

(R. J. M.)

EMMETT, DANIEL DECATUR(1815-1904), American songwriter, was born at Mount Vernon, Ohio. He started the “negro minstrel” performances, which from 1842 onwards became so popular in America and England, and he composed a number of songs which had a great temporary vogue. He is remembered particularly as the writer of the famous Southern war-song “Dixie,” which he composed in 1859.

EMMITSBURG, a town in Frederick county, Maryland, U.S.A., 61 m. by rail W. by N. of Baltimore, and 1½ m. S. of the northern boundary of the state. Pop. (1900) 849; (1910) 1054. It is served by the Emmitsburg railway (7 m. long) to Rocky Ridge on the Western Maryland railway. The town isin a picturesque region on the eastern slope of the Blue Ridge Mountains. Two miles S.W. is Mount St. Mary’s College (Roman Catholic), founded in 1808 by the Rev. John du Bois (1764-1842)—its president until 1826, when he became bishop of New York—and chartered by the state in 1830. The Ecclesiastical Seminary of the college has been a great training school, and has been called the “Nursery of Bishops”; among its graduates have been Bishop Hughes, Cardinal McCloskey and Archbishop Corrigan. In 1908 the college had 25 instructors and 350 students, of whom 57 were in the Ecclesiastical Seminary, and 61 in the Minim Department. Half a mile S. of the town is St Joseph’s College and Academy (incorporated in 1816), for young women, which is conducted by the Sisters of Charity—this order was introduced into the United States at Emmitsburg by Mrs Elizabeth Ann Seton in 1809. The first settlement at Emmitsburg was made about 1773. It was at first called “Silver Fancy,” and then for a time was known as “Poplar Fields”; but in 1786 the present name was adopted in honour of William Emmitt, one of the original settlers. The town was incorporated in 1824.

EMMIUS, UBBO(1547-1625), Dutch historian and geographer, was born at Gretha in East Friesland on the 5th of December 1547. After studying at Rostock, he spent two years in Geneva, where he became intimate with Theodore Beza; and returning to the Netherlands was appointed the principal of a college at Norden, a position which he lost in 1587 because, as a Calvinist, he would not subscribe to the confession of Augsburg. Subsequently he was head of a college at Leer, and in 1594 became rector of the college at Groningen, and when in 1614 this college became a university he was chosen principal and professor of history and Greek, and by his wise guidance and his learning speedily raised the new university to a position of eminence. He was on friendly terms with Louis, count of Nassau; corresponded with many of the learned men of his time; and died at Groningen on the 9th of December 1625. He was twice married, and left a son and a daughter. The chief works of Emmius are:Rerum Frisicarum historiae decades, in six parts, a complete edition of which was published at Leiden in 1616;Opus chronologicum(Groningen, 1619);Vetus Graecia illustrata(Leiden, 1626); andHistoria temporis nostri, which was first published at Groningen in 1732. An account of his life, written by Nicholas Mulerius, was published, with the lives of other professors of Groningen, at Groningen in 1638.

See N.G. van Kampen,Geschiedenis der letteren en wetenschappen in de Nederlanden(The Hague, 1821-1826).

EMMONS, EBENEZER(1800-1863), American geologist, was born at Middlefield, Massachusetts, on the 16th of May 1800. He studied medicine at Albany, and after taking his degree practised for some years in Berkshire county. His interest in geology was kindled in early life, and in 1824 he had assisted Prof. Chester Dewey (1784-1867) in preparing a geological map of Berkshire county, in which the first attempt was made to classify the rocks of the Taconic area. While thus giving much of his time to natural science, undertaking professional work in natural history and geology in Williams College, he also accepted the professorship of chemistry and afterwards of obstetrics in the Albany Medical College. The chief work of his life was, however, in geology, and he has been designated by Jules Marcou as “the founder of American palaeozoic stratigraphy, and the first discoverer of the primordial fauna in any country.” In 1836 he became attached to the Geological Survey of the State of New York, and after lengthened study he grouped the local strata (1842) into the Taconic and overlying New York systems. The latter system was subdivided into several groups that were by no means well defined. Emmons had previously described the Potsdam sandstone (1838), and this was placed at the base of the New York system. It is now regarded as Upper Cambrian. In 1844 Emmons for the first time obtained fossils in his Taconic system: a notable discovery because the species obtained were found to differ from all then-known Palaeozoic fossils, and they were regarded as representing the primordial group. Marcou was thus led to advocate that the term Taconic be generally adopted in place of Cambrian. Nevertheless the Taconic fauna of Emmons has proved to include only the lower part of Sedgwick’s Cambrian. Considerable discussion has taken place on the question of the Taconic system, and whether the term should be adopted; and the general opinion has been adverse. Emmons made contributions on agriculture and geology to a series of volumes on the natural history of New York. He also issued a work entitledAmerican Geology; containing a statement of the principles of the Science, with full illustrations of the characteristic American Fossils(1855-1857). From 1851 to 1860 he was state geologist of North Carolina. He died at Brunswick, North Carolina, on the 1st of October 1863.

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