Air Gas.—By forcing air over or through volatile inflammable liquids a gaseous mixture can be obtained which burns with a bright flame and which can be used for illumination. Its employment for heating purposes is quite exceptional,e.g.in chemical laboratories, and we abstain, therefore, from describing any of the numerous appliances, some of them bearing very fanciful names, which have been devised for its manufacture.
(G. L.)
FUENTE OVEJUNA[Fuenteovejuna], a town of Spain, in the province of Cordova; near the sources of the river Guadiato, and on the Fuente del Arco-Belmez-Cordova railway. Pop. (1900) 11,777. Fuente Ovejuna is built on a hill, in a well-irrigated district, which, besides producing an abundance of wheat, wine, fruit and honey, also contains argentiferous lead mines and stone quarries. Cattle-breeding is an important local industry, and leather, preserved meat, soap and flour are manufactured. The parish church formerly belonged to the knights of Calatrava (c.1163-1486).
FUENTERRABIA(formerly sometimes writtenFontarabia; Lat.Fons Rapidus), a town of northern Spain, in the province of Guipúzcoa; on the San Sebastian-Bayonne railway; near the Bay of Biscay and on the French frontier. Pop. (1870) about 750; (1900) 4345. Fuenterrabia stands on the slope of a hill on the left bank of the river Bidassoa, and near the point where its estuary begins. Towards the close of the 19th century the town became popular as a summer resort for visitors from the interior of Spain, and, in consequence, its appearance underwent many changes and much of its early prosperity returned. Hotels and villas were built in the new part of the town that sprang up outside the picturesque walled fortress, and there is quite a contrast between the part inside the heavy, half-ruined ramparts, with its narrow, steep streets and curious gable-roofed houses, its fine old church and castle and its massive town hall, and the new suburbs and fishermen’s quarter facing the estuary of the Bidassoa. Many industries flourish on the outskirts of the town, including rope and net manufactures, flour mills, saw mills, mining railways, paper mills.
Fuenterrabia formerly possessed considerable strategic importance, and it has frequently been taken and retaken in wars between France and Spain. The rout of Charlemagne in 778, which has been associated with Fontarabia, by Milton (Paradise Lost, i. 587), is generally understood to have taken place not here but at Roncesvalles (q.v.), which is nearly 40 m. E.S.E. Unsuccessful attempts to seize Fuenterrabia were made by the French troops in 1476 and again in 1503. In a subsequent campaign (1521) these were more successful, but the fortress was retaken in 1524. The prince of Condé sustained a severe repulse under its walls in 1638, and it was on this occasion that the town received from Philip IV. the rank of city (muy noble, muy leal, y muy valerosa ciudad, “most noble, most loyal, and most valiant city”), a privilege which involved some measure of autonomy. After a severe siege, Fuenterrabia surrendered to the duke of Berwick and his French troops in 1719; and in 1794 it again fell into the hands of the French, who so dismantled it that it has never since been reckoned by the Spaniards among their fortified places. It was by the ford opposite Fuenterrabia that the duke of Wellington, on the 8th of October 1813, successfully forced a passage into France in the face of an opposing army commanded by Marshal Soult. Severe fighting also took place here during the Carlist War in 1837.
FUERO,a Spanish term, derived from the Latinforum. The Castillan use of the word in the sense of a right, privilege or charter is most probably to be traced to the Romanconventus juridici, otherwise known asjurisdictionesorfora, which in Pliny’s time were already numerous in the Iberian peninsula. In each of these provincialforathe Roman magistrate, as is well known, was accustomed to pay all possible deference to the previously established common law of the district; and it was the privilege of every free subject to demand that he should be judged in accordance with the customs and usages of his proper forum. This was especially true in the case of the inhabitants of those towns which were in possession of thejus italicum. It is not, indeed, demonstrable, but there are many presumptions, besides some fragments of direct evidence, which make it more than probable that the old administrative arrangements both of the provinces and of the towns, but especially of the latter, remained practically undisturbed at the period of the Gothic occupation of Spain.1The Theodosian Code and the Breviary of Alaric alike seem to imply a continuance of the municipal system which had been established by the Romans; nor does the later Lex Visigothorum, though avowedly designed in some points to supersede the Roman law, appear to have contemplated any marked interference with the formerfora, which were still to a large extent left to be regulated in the administration of justice by unwritten, immemorial, local custom. Little is known of the condition of the subject populations of the peninsula during the Arab occupation; but we are informed that the Christians were, sometimes at least, judged according to their own laws in separate tribunals presided over by Christian judges;2and the mere fact of the preservation of the namealcalde, an official whose functions corresponded so closely to those of thejudexordefensor civitatis, is fitted to suggest that the old municipalfora, if much impaired, were not even then in all cases wholly destroyed. At all events when the wordforum3begins to appear for the first time in documents of the 10th century in the sense of a liberty orprivilege, it is generally implied that the thing so named is nothing new. The earliest extant written fuero is probably that which was granted to the province and town of Leon by Alphonso V. in 1020. It emanated from the king in a general council of the kingdom of Leon and Castile, and consisted of two separate parts; in the first 19 chapters were contained a series of statutes which were to be valid for the kingdom at large, while the rest of the document was simply a municipal charter.4But in neither portion does it in any sense mark a new legislative departure, unless in so far as it marks the beginning of the era of written charters for towns. The “fuero general” does not profess to supersede theconsuetudines antiquorum juriumor Chindaswint’s codification of these in the Lex Visigothorum; the “fuero municipal” is really for the most part but a resuscitation of usages formerly established, a recognition and definition of liberties and privileges that had long before been conceded or taken for granted. The right of the burgesses to self-government and self-taxation is acknowledged and confirmed, they, on the other hand, being held bound to a constitutional obedience and subjection to the sovereign, particularly to the payment of definite imperial taxes, and the rendering of a certain amount of military service (as the ancient municipia had been). Almost contemporaneous with this fuero of Leon was that granted to Najera (Naxera) by Sancho el Mayor of Navarre (ob.1035), and confirmed, in 1076, by Alphonso VI.5Traces of others of perhaps even an earlier date are occasionally to be met with. In the fuero of Cardeña, for example, granted by Ferdinand I. in 1039, reference is made to a previous forum Burgense (Burgos), which, however, has not been preserved, if, indeed, it ever had been reduced to writing at all. The phraseology of that of Sepulveda (1076) in like manner points back to an indefinitely remote antiquity.6Among the later fueros of the 11th century, the most important are those of Jaca (1064) and of Logroño (1095). The former of these, which was distinguished by the unusual largeness of its concessions, and by the careful minuteness of its details, rapidly extended to many places in the neighbourhood, while the latter charter was given also to Miranda by Alphonso VI., and was further extended in 1181 by Sancho el Sabio of Navarre to Vitoria, thus constituting one of the earliest writtenforaof the “Provincias Vascongadas.” In the course of the 12th and 13th centuries the number of such documents increased very rapidly; that of Toledo especially, granted to the Mozarabic population in 1101, but greatly enlarged and extended by Alphonso VII. (1118) and succeeding sovereigns, was used as a basis for many other Castilian fueros. Latterly the word fuero came to be used in Castile in a wider sense than before, as meaning a general code of laws; thus about the time of Saint Ferdinand the old Lex Visigothorum, then translated for the first time into the vernacular, was called the Fuero Juzgo, a name which was soon retranslated into the barbarous Latin of the period as Forum Judicum;7and among the compilations of Alphonso the Learned in like manner were anEspejo de Fuerosand also theFuero de las leyes, better known perhaps as theFuero Real. The famous code known as theOrdenamiento Real de Alcalá, orFuero Viejo de Castilla, dates from a still later period. As the power of the Spanish crown was gradually concentrated and consolidated, royal pragmaticas began to take the place of constitutional laws; the local fueros of the various districts slowly yielded before the superior force of imperialism; and only those of Navarre and the Basque provinces (seeBasques) have had sufficient vitality to enable them to survive to comparatively modern times. While actually owning the lordship of the Castilian crown since about the middle of the 14th century, these provinces rigidly insisted upon compliance with their consuetudinary law, and especially with that which provided that theseñor, before assuming the government, should personally appear before the assembly and swear to maintain the ancient constitutions. Each of the provinces mentioned had distinct sets of fueros, codified at different periods, and varying considerably as to details; the main features, however, were the same in all. Their rights, after having been recognized by successive Spanish sovereigns from Ferdinand the Catholic to Ferdinand VII., were, at the death of the latter in 1833, set aside by the government of Castaños. The result was a civil war, which terminated in a renewed acknowledgment of the fueros by Isabel II. (1839). The provisional government of 1868 also promised to respect them, and similar pledges were given by the governments which succeeded. In consequence, however, of the Carlist rising of 1873-1876, the Basque fueros were finally extinguished in 1876. The history of theForaesof the Portuguese towns, and of theFors du Béarn, is precisely analogous to that of the fueros of Castile.
Among the numerous works that more or less expressly deal with this subject, that of Marina (Ensayo historico-critico sobre la antigua legislacion y principales cuerpos legales de los reynos de Leon y Castilla) still continues to hold a high place. Reference may also be made to Colmeiro’sCurso de derecho político según la historia de Leon y de Castilla(Madrid, 1873); to Schäfer’sGeschichte von Spanien, ii. 418-428, iii. 293 seq.; and to Hallam’sMiddle Ages, c. iv.
Among the numerous works that more or less expressly deal with this subject, that of Marina (Ensayo historico-critico sobre la antigua legislacion y principales cuerpos legales de los reynos de Leon y Castilla) still continues to hold a high place. Reference may also be made to Colmeiro’sCurso de derecho político según la historia de Leon y de Castilla(Madrid, 1873); to Schäfer’sGeschichte von Spanien, ii. 418-428, iii. 293 seq.; and to Hallam’sMiddle Ages, c. iv.
1The nature of the evidence may be gathered from Savigny,Gesch. d. röm. Rechts. See especially i. pp. 154, 259 seq.2Compare Lembke u. Schäfer,Geschichte von Spanien, i. 314; ii. 117.3Or ratherforus. See Ducange,s.v.4Cap. xx. begins: “Constituimus etiam ut Legionensis civitas, quae depopulata fuit a Sarracenis in diebus patris mei Veremundi regis, repopulaturper hos foros subscriptos.”5“Mando et concedo et confirmo ut ista civitas cum sua plebe et cum omnibus suis pertinentiis sub tali lege et sub tali foro maneat per saecula cuncta. Amen. Isti sunt fueros quae habuerunt in Naxera in diebus Sanctii regis et Gartiani regis.”6“Ego Aldefonsus rex et uxor mea Agnes confirmamus ad Septempublica suo foro quod habuit in tempore antiquo de avolo meo et in tempore comitum Ferrando Gonzalez et comite Garcia Ferdinandez et comite Domno Santio.”7This Latin is later even than that of Ferdinand, whose words are: “Statuo et mando quod Liber Judicum, quo ego misi Cordubam, translatetur in vulgarem et vocetur forum de Corduba ... et quod per saecula cuncta sit pro foro et nullus sit ausus istud forum aliter appellare nisi forum de Corduba, et jubeo et mando quod omnis morator et populator ... veniet ad judicium et ad forum de Corduba.”
1The nature of the evidence may be gathered from Savigny,Gesch. d. röm. Rechts. See especially i. pp. 154, 259 seq.
2Compare Lembke u. Schäfer,Geschichte von Spanien, i. 314; ii. 117.
3Or ratherforus. See Ducange,s.v.
4Cap. xx. begins: “Constituimus etiam ut Legionensis civitas, quae depopulata fuit a Sarracenis in diebus patris mei Veremundi regis, repopulaturper hos foros subscriptos.”
5“Mando et concedo et confirmo ut ista civitas cum sua plebe et cum omnibus suis pertinentiis sub tali lege et sub tali foro maneat per saecula cuncta. Amen. Isti sunt fueros quae habuerunt in Naxera in diebus Sanctii regis et Gartiani regis.”
6“Ego Aldefonsus rex et uxor mea Agnes confirmamus ad Septempublica suo foro quod habuit in tempore antiquo de avolo meo et in tempore comitum Ferrando Gonzalez et comite Garcia Ferdinandez et comite Domno Santio.”
7This Latin is later even than that of Ferdinand, whose words are: “Statuo et mando quod Liber Judicum, quo ego misi Cordubam, translatetur in vulgarem et vocetur forum de Corduba ... et quod per saecula cuncta sit pro foro et nullus sit ausus istud forum aliter appellare nisi forum de Corduba, et jubeo et mando quod omnis morator et populator ... veniet ad judicium et ad forum de Corduba.”
FUERTEVENTURA,an island in the Atlantic Ocean, forming part of the Spanish archipelago of the Canary Islands (q.v.). Pop. (1900) 11,669; area 665 sq. m. Fuerteventura lies between Lanzarote and Grand Canary. It has a length of 52 m., and an average width of 12 m. Though less mountainous than the other islands, its aspect is barren. There are only two springs of fresh water, and these are confined to one valley. Lava streams and other signs of volcanic action abound, but there has been no igneous activity since the Spaniards took possession. At each extremity of the island are high mountains, which send off branches along the coast so as to enclose a large arid plain. The highest peak reaches 2500 ft. In external appearance, climate and productions, Fuerteventura greatly resembles Lanzarote. An interval of three years without rain has been known. Oliva (pop. 1900, 2464) is the largest town. A smaller place in the centre of the island named Betancuria (586) is the administrative capital. Cabras (1000) on the eastern coast is the chief port. Dromedaries are bred here.
FUGGER,the name of a famous German family of merchants and bankers. The founder of the family was Johann Fugger, a weaver at Graben, near Augsburg, whose son, Johann, settled in Augsburg probably in 1367. The younger Johann added the business of a merchant to that of a weaver, and through his marriage with Clara Widolph became a citizen of Augsburg. After a successful career he died in 1408, leaving two sons, Andreas and Jakob, who greatly extended the business which they inherited from their father. Andreas, called the “rich Fugger,” had several sons, among them being Lukas, who was very prominent in the municipal politics of Augsburg and who was very wealthy until he was ruined by the repudiation by the town of Louvain of a great debt owing to him, and Jakob, who was granted the right to bear arms in 1452, and who founded the family of Fugger vom Reh—so called from the first arms of the Fuggers, a roe (Reh) or on a field azure—which became extinct on the death of his great-grandson, Ulrich, in 1583. Johann Fugger’s son, Jakob, died in 1469, and three of his seven sons, Ulrich (1441-1510), Georg (1453-1506) and Jakob (1459-1525), men of great resource and industry, inherited the family business and added enormously to the family wealth. In 1473 Ulrich obtained from the emperor Frederick III. the right to bear arms for himself and his brothers, and about the same time he beganto act as the banker of the Habsburgs, a connexion destined to bring fame and fortune to his house. Under the lead of Jakob, who had been trained for business in Venice, the Fuggers were interested in silver mines in Tirol and copper mines in Hungary, while their trade in spices, wool and silk extended to almost all parts of Europe. Their wealth enabled them to make large loans to the German king, Maximilian I., who pledged to them the county of Kirchberg, the lordship of Weissenhorn and other lands, and bestowed various privileges upon them. Jakob built the castle of Fuggerau in Tirol, and erected the Fuggerei at Augsburg, a collection of 106 dwellings, which were let at low rents to poor people and which still exist. Jakob Fugger and his two nephews, Ulrich (d. 1525) and Hieronymus (d. 1536), the sons of Ulrich, died without direct heirs, and the family was continued by Georg’s sons, Raimund (1489-1535) and Anton (1493-1560), under whom the Fuggers attained the summit of their wealth and influence.
Jakob Fugger’s florins had contributed largely to the election of Charles V. to the imperial throne in 1519, and his nephews and heirs maintained close and friendly relations with the great emperor. In addition to lending him large sums of money, they farmed his valuable quicksilver mines at Almaden, his silver mines at Guadalcanal, the great estates of the military orders which had passed into his hands, and other parts of his revenue as king of Spain; receiving in return several tokens of the emperor’s favour. In 1530 Raimund and Anton were granted the imperial dignity of counts of Kirchberg and Weissenhorn, and obtained full possession of these mortgaged properties; in 1534 they were given the right of coining money; and in 1541 received rights of jurisdiction over their lands. During the diet of Augsburg in 1530 Charles V. was the guest of Anton Fugger at his house in the Weinmarkt, and the story relates how the merchant astonished the emperor by lighting a fire of cinnamon with an imperial bond for money due to him. This incident forms the subject of a picture by Carl Becker which is in the National Gallery at Berlin. Continuing their mercantile career, the Fuggers brought the new world within the sphere of their operations, and also carried on an extensive and lucrative business in farming indulgences. Moreover, both brothers found time to acquire landed property, and were munificent patrons of literature and art. When Anton died he is said to have been worth 6,000,000 florins, besides a vast amount of property in Europe, Asia and America; and before this time the total wealth of the family had been estimated at 63,000,000 florins. The Fuggers were devotedly attached to the Roman Catholic Church, which benefited from their liberality. Jakob had been made a count palatine (Pfalzgraf) and had received other marks of favour from Pope Leo X., and several members of the family had entered the church; one, Raimund’s son, Sigmund, becoming bishop of Regensburg.
In addition to the bishop, three of Raimund Fugger’s sons attained some degree of celebrity. Johann Jakob (1516-1575), was the author ofWahrhaftigen Beschreibung des österreichischen und habsburgischen Nahmens, which was largely used by S. von Bircken in hisSpiegel der Ehren des Erzhauses Österreich(Nuremberg, 1668), and of aGeheim Ernbuch des Fuggerischen Geschlechtes. He was also a patron of art, and a distinguished counsellor of Duke Albert IV. of Bavaria. After the death of his son Konstantin, in 1627, this branch of the family was divided into three lines, which became extinct in 1738, 1795 and 1846 respectively. Another of Raimund’s sons was Ulrich (1526-1584), who, after serving Pope Paul III. at Rome, became a Protestant. Hated on this account by the other members of his family, he took refuge in the Rhenish Palatinate; greatly interested in the Greek classics, he occupied himself in collecting valuable manuscripts, which he bequeathed to the university of Heidelberg. Raimund’s other son was Georg (d. 1579), who inherited the countships of Kirchberg and Weissenhorn, and founded a branch of the family which still exists, its present head being Georg, Count Fugger of Kirchberg and Weissenhorn (b. 1850).
Anton Fugger left three sons, Marcus (1529-1597), Johann (d. 1598) and Jakob (d. 1598), all of whom left male issue. Marcus was the author of a book on horse-breeding,Wie und wo man ein Gestüt von guten edeln Kriegsrossen aufrichten soll(1578), and of a German translation of theHistoria ecclesiasticaof Nicephorus Callistus. He founded the Nordendorf branch of the family, which became extinct on the death of his grandson, Nicolaus, in 1676. Another grandson of Marcus was Franz Fugger (1612-1664), who served under Wallenstein during the Thirty Years’ War, and was afterwards governor of Ingolstadt. He was killed at the battle of St Gotthard on the 1st of August 1664.
Johann Fugger had three sons, Christoph (d. 1615) and Marcus (d. 1614), who founded the families of Fugger-Glött and Fugger-Kirchheim respectively, and Jakob, bishop of Constance from 1604 until his death in 1626. Christoph’s son, Otto Heinrich (1592-1644), was a soldier of some distinction and a knight of the order of the Golden Fleece. He was one of the most active of the Bavarian generals during the Thirty Years’ War, and acted as governor of Augsburg, where his rule aroused much discontent. The family of Kirchheim died out in 1672. That of Glött was divided into several branches by the sons of Otto Heinrich and of his brother Johann Ernst (d. 1628). These lines, however, have gradually become extinct except the eldest line, represented in 1909 by Karl Ernst, Count Fugger of Glött (b. 1859). Anton Fugger’s third son Jakob, the founder of the family of Wellenburg, had two sons who left issue, but in 1777 the possessions of this branch of the family were again united by Anselm Joseph (d. 1793), Count Fugger of Babenhausen. In 1803 Anselm’s son, Anselm Maria (d. 1821), was made a prince of the Holy Roman Empire, the title of Prince Fugger of Babenhausen being borne by his direct descendant Karl (b. 1861). On the fall of the empire in 1806 the lands of the Fuggers, which were held directly of the empire, were mediatized under Bavaria and Württemberg. The heads of the three existing branches of the Fuggers are all hereditary members of the Bavarian Upper House.
Augsburg has many interesting mementoes of the Fuggers, including the family burial-chapel in the church of St Anna; the Fugger chapel in the church of St Ulrich and St Afra; the Fuggerhaus, still in the possession of one branch of the family; and a statue of Johann Jakob Fugger.
In 1593 a collection of portraits of the Fuggers, engraved by Dominique Custos of Antwerp, was issued at Augsburg. Editions with 127 portraits appeared in 1618 and 1620, the former accompanied by a genealogy in Latin, the latter by one in German. Another edition of thisPinacotheca Fuggerorum, published at Vienna in 1754, includes 139 portraits. SeeChronik der Familie Fugger vom Jahre 1599, edited by C. Meyer (Munich, 1902); A. Geiger,Jakob Fugger, 1459-1525(Regensburg, 1895); A. Schulte,Die Fugger in Rom, 1495-1523(Leipzig, 1904); R. Ehrenberg,Das Zeitalter der Fugger(Jena, 1896); K. Häbler,Die Geschichte der Fuggerschen Handlung in Spanien(Weimar, 1897); A. Stauber,Das Haus Fugger(Augsburg, 1900); and M. Jansen,Die Anfänge der Fugger(Leipzig, 1907).
In 1593 a collection of portraits of the Fuggers, engraved by Dominique Custos of Antwerp, was issued at Augsburg. Editions with 127 portraits appeared in 1618 and 1620, the former accompanied by a genealogy in Latin, the latter by one in German. Another edition of thisPinacotheca Fuggerorum, published at Vienna in 1754, includes 139 portraits. SeeChronik der Familie Fugger vom Jahre 1599, edited by C. Meyer (Munich, 1902); A. Geiger,Jakob Fugger, 1459-1525(Regensburg, 1895); A. Schulte,Die Fugger in Rom, 1495-1523(Leipzig, 1904); R. Ehrenberg,Das Zeitalter der Fugger(Jena, 1896); K. Häbler,Die Geschichte der Fuggerschen Handlung in Spanien(Weimar, 1897); A. Stauber,Das Haus Fugger(Augsburg, 1900); and M. Jansen,Die Anfänge der Fugger(Leipzig, 1907).
FUGITIVE SLAVE LAWS, a term applied in the United States to the Statutes passed by Congress in 1793 and 1850 to provide for the return of negro slaves who escaped from one state into another or into a public territory. A fugitive slave clause was inserted in the Articles of Confederation of the New England Confederation of 1643, providing for the return of the fugitive upon the certificate of one magistrate in the jurisdiction out of which the said servant fled—no trial by jury being provided for. This seems to have been the only instance of an inter-colonial provision for the return of fugitive slaves; there were, indeed, not infrequent escapes by slaves from one colony to another, but it was not until after the growth of anti-slavery sentiment and the acquisition of western territory, that it became necessary to adopt a uniform method for the return of fugitive slaves. Such provision was made in the Ordinance of 1787 (for the Northwest Territory), which in Article VI. provided that in the case of “any person escaping into the same [the Northwest Territory] from whom labor or service is lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.” An agreement of the sort wasnecessary to persuade the slave-holding states to union, and in the Federal Constitution, Article IV., Section II., it is provided that “no person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labour may be due.”
The first specific legislation on the subject was enacted on the 12th of February 1793, and like the Ordinance for the Northwest Territory and the section of the Constitution quoted above, did not contain the word “slave”; by its provisions any Federal district or circuit judge or any state magistrate was authorized to decide finally and without a jury trial the status of an alleged fugitive. The measure soon met with strong opposition in the northern states, and Personal Liberty Laws were passed to hamper officials in the execution of the law; Indiana in 1824 and Connecticut in 1828 providing jury trial for fugitives who appealed from an original decision against them. In 1840 New York and Vermont extended the right of trial by jury to fugitives and provided them with attorneys. As early as the first decade of the 19th century individual dissatisfaction with the law of 1793 had taken the form of systematic assistance rendered to negroes escaping from the South to Canada or New England—the so-called “Underground Railroad.”1The decision of the Supreme Court of the United States in the case ofPriggv.Pennsylvaniain 1842 (16 Peters 539), that state authorities could not be forced to act in fugitive slave cases, but that national authorities must carry out the national law, was followed by legislation in Massachusetts (1843), Vermont (1843), Pennsylvania (1847) and Rhode Island (1848), forbidding state officials to help enforce the law and refusing the use of state gaols for fugitive slaves. The demand from the South for more effective Federal legislation was voiced in the second fugitive slave law, drafted by Senator J.M. Mason of Virginia, and enacted on the 18th of September 1850 as a part of the Compromise Measures of that year. Special commissioners were to have concurrent jurisdiction with the U.S. circuit and district courts and the inferior courts of Territories in enforcing the law; fugitives could not testify in their own behalf; no trial by jury was provided; penalties were imposed upon marshals who refused to enforce the law or from whom a fugitive should escape, and upon individuals who aided negroes to escape; the marshal might raise aposse comitatus; a fee of $10 was paid to the commissioner when his decision favoured the claimant and only $5 when it favoured the fugitive; and both the fact of the escape and the identity of the fugitive were to be determined on purelyex partetestimony. The severity of this measure led to gross abuses and defeated its purpose; the number of abolitionists increased, the operations of the Underground Railroad became more efficient, and new Personal Liberty Laws were enacted in Vermont (1850), Connecticut (1854), Rhode Island (1854), Massachusetts (1855), Michigan (1855), Maine (1855 and 1857), Kansas (1858) and Wisconsin (1858). These Personal Liberty Laws forbade justices and judges to take cognizance of claims, extended thehabeas corpusact and the privilege of jury trial to fugitives, and punished false testimony severely. The supreme court of Wisconsin went so far (1859) as to declare the Fugitive Slave Law unconstitutional. These state laws were one of the grievances officially referred to by South Carolina (in Dec. 1860) as justifying her secession from the Union. Attempts to carry into effect the law of 1850 aroused much bitterness. The arrests of Sims and of Shadrach in Boston in 1851; of “Jerry” M’Henry, in Syracuse, New York, in the same year; of Anthony Burns in 1854, in Boston; and of the two Garner families in 1856, in Cincinnati, with other cases arising under the Fugitive Slave Law of 1850, probably had as much to do with bringing on the Civil War as did the controversy over slavery in the Territories.
With the beginning of the Civil War the legal status of the slave was changed by his master’s being in arms. General B.F. Butler, in May 1861, declared negro slaves contraband of war. A confiscation bill was passed in August 1861 discharging from his service or labour any slave employed in aiding or promoting any insurrection against the government of the United States. By an act of the 17th of July 1862 any slave of a disloyal master who was in territory occupied by northern troops was declaredipso factofree. But for some time the Fugitive Slave Law was considered still to hold in the case of fugitives from masters in the border states who were loyal to the Union government, and it was not until the 28th of June 1864 that the Act of 1850 was repealed.
See J.F. Rhodes,History of the United States from the Compromise of 1850, vols. i. and ii. (New York, 1893); and M.G. M’Dougall,Fugitive Slaves, 1619-1865(Boston, 1891).
See J.F. Rhodes,History of the United States from the Compromise of 1850, vols. i. and ii. (New York, 1893); and M.G. M’Dougall,Fugitive Slaves, 1619-1865(Boston, 1891).
1The precise amount of organization in the Underground Railroad cannot be definitely ascertained because of the exaggerated use of the figure of railroading in the documents of the “presidents” of the road, Robert Purvis and Levi Coffin, and of its many “conductors,” and their discussion of the “packages” and “freight” shipped by them. The system reached from Kentucky and Virginia across Ohio, and from Maryland across Pennsylvania and New York, to New England and Canada, and as early as 1817 a group of anti-slavery men in southern Ohio had helped to Canada as many as 1000 slaves. The Quakers of Pennsylvania possibly began the work of the mysterious Underground Railroad; the best known of them was Thomas Garrett (1789-1871), a native of Pennsylvania, who, in 1822, removed to Wilmington, Delaware, where he was convicted in 1848 on four counts under the Fugitive Slave Law and was fined $8000; he is said to have helped 2700 slaves to freedom. The most picturesque figure of the Underground Railroad was Harriet Tubman (c. 1820), called by her friend, John Brown, “General” Tubman, and by her fellow negroes “Moses.” She made about a score of trips into the South, bringing out with her 300 negroes altogether. At one time a reward of $40,000 was offered for her capture. She was a mystic, with remarkable clairvoyant powers, and did great service as a nurse, a spy and a scout in the Civil War. Levi Coffin (1798-1877), a native of North Carolina (whose cousin, Vestal Coffin, had established before 1819 a “station” of the Underground near what is now Guilford College, North Carolina), in 1826 settled in Wayne County, Ohio; his home at New Garden (now Fountain City) was the meeting point of three “lines” from Kentucky; and in 1847 he removed to Cincinnati, where his labours in bringing slaves out of the South were even more successful. It has been argued that the Underground Railroad delayed the final decision of the slavery question, inasmuch as it was a “safety valve”; for, without it, the more intelligent and capable of the negro slaves would, it is asserted, have become the leaders of insurrections in the South, and would not have been removed from the places where they could have done most damage. Consult William Still,The Underground Railroad(Philadelphia, 1872), a collection of anecdotes by a negro agent of the Pennsylvania Anti-Slavery Society, and of the Philadelphia branch of the Railroad; and the important and scholarly work of Wilbur H. Siebert,The Underground Railroad from Slavery to Freedom(New York, 1898).
1The precise amount of organization in the Underground Railroad cannot be definitely ascertained because of the exaggerated use of the figure of railroading in the documents of the “presidents” of the road, Robert Purvis and Levi Coffin, and of its many “conductors,” and their discussion of the “packages” and “freight” shipped by them. The system reached from Kentucky and Virginia across Ohio, and from Maryland across Pennsylvania and New York, to New England and Canada, and as early as 1817 a group of anti-slavery men in southern Ohio had helped to Canada as many as 1000 slaves. The Quakers of Pennsylvania possibly began the work of the mysterious Underground Railroad; the best known of them was Thomas Garrett (1789-1871), a native of Pennsylvania, who, in 1822, removed to Wilmington, Delaware, where he was convicted in 1848 on four counts under the Fugitive Slave Law and was fined $8000; he is said to have helped 2700 slaves to freedom. The most picturesque figure of the Underground Railroad was Harriet Tubman (c. 1820), called by her friend, John Brown, “General” Tubman, and by her fellow negroes “Moses.” She made about a score of trips into the South, bringing out with her 300 negroes altogether. At one time a reward of $40,000 was offered for her capture. She was a mystic, with remarkable clairvoyant powers, and did great service as a nurse, a spy and a scout in the Civil War. Levi Coffin (1798-1877), a native of North Carolina (whose cousin, Vestal Coffin, had established before 1819 a “station” of the Underground near what is now Guilford College, North Carolina), in 1826 settled in Wayne County, Ohio; his home at New Garden (now Fountain City) was the meeting point of three “lines” from Kentucky; and in 1847 he removed to Cincinnati, where his labours in bringing slaves out of the South were even more successful. It has been argued that the Underground Railroad delayed the final decision of the slavery question, inasmuch as it was a “safety valve”; for, without it, the more intelligent and capable of the negro slaves would, it is asserted, have become the leaders of insurrections in the South, and would not have been removed from the places where they could have done most damage. Consult William Still,The Underground Railroad(Philadelphia, 1872), a collection of anecdotes by a negro agent of the Pennsylvania Anti-Slavery Society, and of the Philadelphia branch of the Railroad; and the important and scholarly work of Wilbur H. Siebert,The Underground Railroad from Slavery to Freedom(New York, 1898).
FUGLEMAN(from the Ger.Flügelmann, the man on theFlügelor wing), properly a military term for a soldier who is selected to act as “guide,” and posted generally on the flanks with the duty of directing the march in the required line, or of giving the time, &c., to the remainder of the unit, which conforms to his movements, in any military exercise. The word is then applied to a ringleader or one who takes the lead in any movement or concerted movement.
FUGUE(Lat.fuga, flight), in music, the mutual “pursuit” of voices or parts. It was, up to the end of the 16th century, if not later, the name applied to two art-forms. (A)Fuga ligatawas the exact reproduction by one or more voices of the statement of a leading part. The reproducing voice (comes) was seldom if ever written out, for all differences between it and theduxwere rigidly systematic;e.g.it was an exact inversion, or exactly twice as slow, or to be sung backwards, &c. &c. Hence, a rule orcanonwas given, often in enigmatic form, by which thecomeswas deduced from thedux: and so the termcanonbecame the appropriate name for the form itself, and is still retained. (B) A composition in which the canonic style was cultivated without canonic restriction was, in the 16th century, calledfuga ricercataor simply aricercare, a term which is still used by Bach as a title for the fugues inDas musikalische Opfer.
The whole conception of fugue, rightly understood, is one of the most important in music, and the reasons why some contrapuntal compositions are called fugues, while others are not, are so trivial, technically as well as aesthetically, that we havepreferred to treat the subject separately under the general heading ofContrapuntal Forms, reserving only technical terms for definition here.
(i.) If in the beginning or “exposition” the material with which the opening voice accompanies the answer is faithfully reproduced as the accompaniment to subsequent entries of the subject, it is called acountersubject(seeCounterpoint, under sub-headingDouble Counterpoint). Obviously the process may be carried further, the first countersubject going on to a second when the subject enters in the third part and so on. The term is also applied to new subjects appearing later in the fugue in combination (immediate or destined) with the original subject. Cherubini, holding the doctrine that a fugue cannot have more than one subject, insists on applying the term to the less prominent of the subjects of what are commonly called double fugues,i.e.fugues which begin with two parts and two subjects simultaneously, and so also withtripleandquadruple fugues.
(ii.)Episodesare passages separating the entries of the subject.1Episodes are usually developed from the material of the subject and countersubjects; they are very rarely independent, but then conspicuously so.
(iii.)Stretto, the overlapping of subject and answer, is a resource the possibilities of which may be exemplified by the setting of the wordsomnes generationesin Bach’sMagnificat(seeBach).
(iv.) The distinction betweenrealandtonalfugue, which is still sometimes treated as a thing of great historical and technical importance, is really a mere detail resulting from the fact that a violent oscillation between the keys of tonic and dominant is no part of the function of a fugal exposition, so that the answer is (especially in its first notes and in points that tend to shift the key) not so much a transposition of the subject to the key of the dominant as an adaptation of it from the tonic part to the dominant part of the scale, or vice versa; in short, the answer is as far as possibleonthe dominant, notinthe dominant. The modifications this principle produces in the answer (which have been happily described as resembling “fore-shortening”) are the only distinctive marks of tonal fugue; and the text-books are half filled with the attempt to reduce them from matters of ear to rules of thumb, which rules, however, have the merit (unusual in those of the academic fugue) of being founded on observation of the practice of great masters. But the same principle as often as not produces answers that are exact transpositions of the subject; and so the only kind of real fugue (i.e.fugue with an exact answer) that could rightly be contrasted with tonal fugue would be that in which the answer ought to be tonal but is not. It must be admitted that tonal answers are rare in the modal music of the 16th century, though their melodic principles are of yet earlier date; still, though tonal fugue does not become usual until well on in the 17th century, the idea that it is a separate species is manifestly absurd, unless the term simply means “fugue in modern tonality or key,” whatever the answer may be.
The term “answer” is usually reserved for those entries of the subject that are placed in what may be called the “complementary” position of the scale, whether they are “tonally” modified or not. Thus the order of entries in the exposition of the first fugue of theWohltemp.Klav. is subject, answer, answer, subject; a departure from the usual rule according to which subject and answer are strictly alternate in the exposition.
In conclusion we may remind the reader of the most accurate as well as the most vivid description ever given of the essentials of a fugue, in the famous lines inParadise Lost, book xi.
“His volant touch,Instinct through all proportions, low and high,Fled and pursued transverse the resonant fugue.”
“His volant touch,
Instinct through all proportions, low and high,
Fled and pursued transverse the resonant fugue.”
It is hard to realize that this description of organ-music was written in no classical period of instrumental polyphony, but just half-way between the death of Frescobaldi and the birth of Bach. Every word is a definition, both retrospective and prophetic; and in “transverse” we see all that Sir Frederick Gore Ouseley expresses in his popular distinction between the “perpendicular” or homophonic style in which harmony is built up in chords, and the “horizontal” or polyphonic style in which it is woven in threads of independent melody.
(D. F. T.)
1An episode occurring during the exposition is sometimes calledcodetta, a distinction the uselessness of which at once appears on an analysis of Bach’s 2nd fugue in theWohltemp.Klav. (the term codetta is more correctly applied to notes filling in a gap between subject and its first answer, but such a gap is rare in good examples).
1An episode occurring during the exposition is sometimes calledcodetta, a distinction the uselessness of which at once appears on an analysis of Bach’s 2nd fugue in theWohltemp.Klav. (the term codetta is more correctly applied to notes filling in a gap between subject and its first answer, but such a gap is rare in good examples).
FÜHRICH, JOSEPH VON(1800-1876), Austrian painter, was born at Kratzau in Bohemia on the 9th of February 1800. Deeply impressed as a boy by rude pictures adorning the wayside chapels of his native country, his first attempt at composition was a sketch of the Nativity for the festival of Christmas in his father’s house. He lived to see the day when, becoming celebrated as a composer of scriptural episodes, his sacred subjects were transferred in numberless repetitions to the roadside churches of the Austrian state, where humble peasants thus learnt to admire modern art reviving the models of earlier ages. Führich has been fairly described as a “Nazarene,” a romantic religious artist whose pencil did more than any other to restore the old spirit of Dürer and give new shape to countless incidents of the gospel and scriptural legends. Without the power of Cornelius or the grace of Overbeck, he composed with great skill, especially in outline. His mastery of distribution, form, movement and expression was considerable. In its peculiar way his drapery was perfectly cast. Essentially creative as a landscape draughtsman, he had still no feeling for colour; and when he produced monumental pictures he was not nearly so successful as when designing subjects for woodcuts. Führich’s fame extended far beyond the walls of the Austrian capital, and his illustrations to Tieck’sGenofeva, the Lord’s Prayer, the Triumph of Christ, the Road to Bethlehem, the Succession of Christ according to Thomas à Kempis, the Prodigal Son, and the verses of the Psalter, became well known. His Prodigal Son, especially, is remarkable for the fancy with which the spirit of evil is embodied in a figure constantly recurring, and like that of Mephistopheles exhibiting temptation in a human yet demoniacal shape. Führich became a pupil at the Academy of Prague in 1816. His first inspiration was derived from the prints of Dürer and the Faust of Cornelius, and the first fruit of this turn of study was the Genofeva series. In 1826 he went to Rome, where he added three frescoes to those executed by Cornelius and Overbeck in the Palazzo Massimi. His subjects were taken from the life of Tasso, and are almost solitary examples of his talent in this class of composition. In 1831 he finished the Triumph of Christ now in the Raczynski palace at Berlin. In 1834 he was made custos and in 1841 professor of composition in the Academy of Vienna. After this he completed the monumental pictures of the church of St Nepomuk, and in 1854-1861 the vast series of wall paintings which cover the inside of the Lerchenfeld church at Vienna. In 1872 he was pensioned and made a knight of the order of Franz Joseph; 1875 is the date of his illustrations to the Psalms. He died on the 13th of March 1876.
His autobiography was published in 1875, and a memoir by his son Lucas in 1886.
His autobiography was published in 1875, and a memoir by his son Lucas in 1886.
FUJI(Fuji-san, Fujiyama, Fusiyama), a celebrated mountain of Japan, standing W.S.W. of Tokyo, its base being about 70 m. by rail from that city. It rises to a height of 12,395 ft. and its southern slopes reach the shore of Suruga Bay. It is a cone of beautifully simple form, the more striking to view because it stands isolated; but its summit is not conical, being broken by a crater some 2000 ft. in diameter, for Fuji is a quiescent volcano. Small outbursts of steam are still to be observed at some points. An eruption is recorded so lately as the first decade of the 18th century. The mountain is the resort of great numbers of pilgrims (see alsoJapan).
FU-KIEN(formerlyMin), a south-eastern province of China, bounded N. by the province of Cheh-kiang, S. by that of Kwang-tung, W. by that of Kiang-si and E. by the sea. It occupies an area of 53,480 sq. m. and its population is estimated at 20,000,000. The provincial capital is Fuchow Fu, and it is divided into eleven prefectures, besides that ruled over by the prefect of the capital city. Fu-kien is generally mountainous, being overspread by the Nan-shan ranges, which run a general course of N.E. and S.W.The principal river is the Min, which is formed by the junction, in the neighbourhood of the city of Yen-p’ing Fu, of three rivers, namely, the Nui-si, which takes its rise in the mountains on the western frontier in the prefecture of Kien-ning Fu, the Fuh-tun Ki, the source of which is found in the district of Kwang-tsih in the north-west of the province, and the Ta-shi-ki (Shao Ki), which rises in the mountains in the western district of Ning-hwa. From Yen-p’ing Fu the river takes a south-easterly course, and after passing along the south face of the city of Fuchow Fu, empties itself into the sea about 30 m. below that town. Its upper course is narrow and rocky and abounds in rapids, but as it approaches Fuchow Fu the channel widens and the current becomes slow and even. Its depth is very irregular, and it is navigable only by native boats of a small class. Two other rivers flow into the sea near Amoy, neither of which, however, is navigable for any distance from its mouth owing to the shallows and rapids with which they abound. Thirty-five miles inland from Amoy stands the city of Chang Chow, famous for the bridge which there spans the Kin-lung river. This bridge is 800 ft. long, and consists of granite monoliths stretching from one abutment to another. The soil of the province is, as its name, “Happy Establishment,” indicates, very productive, and the scenery is of a rich and varied character. Most of the hills are covered with verdure, and the less rugged are laid out in terraces. The principal products of the province are tea, of which the best kind is that known as Bohea, which takes its name, by a mispronunciation, from the Wu-e Mountains, in the prefecture of Kien-ning Fu, where it is grown; grains of various kinds, oranges, plantins, lichis, bamboo, ginger, gold, silver, lead, tin, iron, salt (both marine and rock), deers’ horns, beeswax, sugar, fish, birds’ nests, medicine, paper, cloth, timber, &c. Fu-kien has three open ports, Fuchow Fu opened in 1842, Amoy opened to trade in the same year and Funing. The latter port was only opened to foreign trade in 1898, but in 1904 it imported and exported goods to the value of £7668 and £278,160 respectively.
FUKUI, a town of Japan in the province of Echizen, Nippon, near the west coast, 20 m. N. by E. of Wakasa Bay. It lies in a volcanic district much exposed to earthquakes, and suffered severely during the disturbances of 1891-1892, when a chasm over 40 m. long was opened across the Neo valley from Fukui to Katabira. But Fukui subsequently revived, and is now in a flourishing condition, with several local industries, especially the manufacture of paper, and an increasing population exceeding 50,000. Fukui has railway communication. There are ruins of a castle of the Daimios of Echizen.
FUKUOKA, a town on the north-west coast of the island of Kiushiu, Japan, in the province of Chikuzen, 90 m. N.N.E. of Nagasaki by rail. Pop. about 72,000. With Hakata, on the opposite side of a small coast stream, it forms a large centre of population, with an increasing export trade and several local industries. Of these the most important is silk-weaving, and Hakata especially is noted for its durable silk fabrics. Fukuoka was formerly the residence of the powerful daimio of Chikuzen, and played a conspicuous part in the medieval history of Japan; the renowned temple of Yeiyas in the district was destroyed by fire during the revolution of 1868. There are several other places of this name in Japan, the most important being Fukuoka in the province of Mutsu, North Nippon, a railway station on the main line from Tokyo to Aimori Ura Bay. Pop. about 5000.
FULA(Fulbe,FellatahorPeuls), a numerous and powerful African people, spread over an immense region from Senegal nearly to Darfur. Strictly they have no country of their own, and nowhere form the whole of the population, though nearly always the dominant native race. They are most numerous in Upper Senegal and in the countries under French sway immediately south of Senegambia, notably Futa Jallon. Farther east they rule, subject to the control of the French, Segu and Massena, countries on both banks of the upper Niger, to the south-west of Timbuktu. The districts within the great bend of the Niger have a large Fula population. East of that river Sokoto and its tributary emirates are ruled by Fula princes, subject to the control of the British Nigerian administration. Fula are settled in Bornu, Bagirmi, Wadai and the upper Nile Valley,1but have no political power in those countries. Their most southerly emirate is Adamawa, the country on both sides of the upper Benue. In this vast region of distribution the Fula populations are most dense towards the west and north, most scattered towards the east and south. Originally herdsmen in the western and central Sudan, they extended their sway east of the Niger, under the leadership of Othman Dan Fodio, during the early years of the 19th century, and having subdued the Hausa states, founded the empire of Sokoto with the vassal emirates of Kano, Gando, Nupe, Adamawa, &c.
The question of the ethnic affinities of the Fula has given rise to an enormous amount of speculation, but the most reasonable theory is that they are a mixture of Berber and Negro. This is now the most generally accepted theory. Certainly there is no reason to connect them with the ancient Egyptians. In the district of Senegal known as Fuladugu or “Fula Land,” where the purest types of the race are found, the people are of a reddish brown or light chestnut colour, with oval faces, ringlety or even smooth hair, never woolly, straight and even aquiline noses, delicately shaped lips and regular features quite differentiating them from the Negro type. Like most conquering races the Fula are, however, not of uniform physique, in many districts approximating to the local type. They nevertheless maintain throughout their widespread territory a certain national solidarity, thanks to common speech, traditions and usages. The ruling caste of the Fula differs widely in character from the herdsmen of the western Sudan. The latter are peaceable, inoffensive and abstemious. They are mainly monogamous, and by rigidly abstaining from foreign marriages have preserved racial purity. The ruling caste in Nigeria, on the other hand, despise their pastoral brethren, and through generations of polygamy with the conquered tribes have become more Negroid in type, black, burly and coarse featured. Love of luxury, pomp and finery is their chief characteristic. Taken as a whole, the Fula race is distinguished by great intelligence, frankness of disposition and strength of character. As soldiers they are renowned almost exclusively as cavalry; and the race has produced several leaders possessed of much strategical skill. Besides the ordinary Negro weapons, they use iron spears with leatherbound handles and swords. They are generally excellent rulers, stern but patient and just. The Nigerian emirs acquired, however, an evil reputation during the 19th century as slave raiders. They have long been devout Mahommedans, and mosques and schools exist in almost all their towns. Tradition says that of old every Fula boy and girl was a scholar; but during the decadence of their power towards the close of the 19th century education was not highly valued. Power seems to have somewhat spoilt this virile race, but such authorities as Sir Frederick Lugard believe them still capable of a great future.
The Fula language has as yet found no place in any African linguistic family. In its rudiments it is akin to the Hamito-Semitic group. It possesses two grammatical genders, not masculine and feminine, but the human and the non-human; the adjective agrees in assonance with its noun, and euphony plays a great part in verbal and nominal inflections. In some ways resembling the Negro dialects, it betrays non-Negroid influences in the use of suffixes. The name of the people has many variations. Fulbe or Fula (sing. Pullo, Peul) is the Mandingan name, Follani the Hausa, Fellatah the Kanuri, Fullan the Arab, and Fulde on the Benue. Like the name Abate, “white,” given them in Kororofa, all these seem to refer to their light reddish hue.