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order Passeres; equivalent to Oscines, or singing birds. to our own day, and is still far from finished, although The acromyodian birds are so named from the insertion more than seventy folio volumes have been published. of the intrinsic muscles of the voice-organ (lower larynx The writers who have been engaged on the work are or syrinx) into the extremities of the upper bronchial called Bollandists, from Father Bollandus. (R. S.) half-rings. The construction results in a rocking or ro- ACTION. In many of the United States the old tating movement of the syringeal pieces, and consequent See Vol. 1. forms of action as they existed in England infinite degrees of tension and modes of vibration of p. 122. Am. prior to the Judicature Act of 1873. have the vocal membranes, perfecting a musical instrument edinipoed.32 been retained, and this is also the case in the which gives forth the endlessly varied songs of birds.
United States courts. In many States, howOpposed to Mesomyodi, or Clamatores, which have a ever, the distinction between the various forms of action much simpler and less effective vocal organ, with the has been abolished, and, as in England, but one form muscle or muscles inserted into the middle of the upper of civil action for the enforcement or protection of pribronchial half-rings.
(E. C.) vate rights or the redress of private wrongs is recogACTA MARTYRUM ET SANCTORUM. These nized. Such is now the law in New York, Ohio, Misare, literally, the record of the lives of the martyrs and souri, Indiana, California, Kansas, Nebraska, Utah, other saints. The Catholic Church was careful from Louisiana, Wisconsin, Minnesota, Colorado, Nevada, the earliest times to gather details of the last days of and South Carolina. But although, in these States, those who gave their lives to bear witness in their all actions are now brought in the same form, yet there blood to the faith which they professed. St. Clement, are many intrinsic differences in actions which no law a disciple of St. Peter, is said to have instituted a body of can abolish. Mere formal differences have been anninotaries in Rome, whose duty it was to commit to writ- hilated; the substantial differences remain as before. ing and preserve these interesting memorials. Their The same proof, for example, is required in each particcollections formed an important part of the ancient ular kind of action as before the abolition of the formal archives of the Roman Church. St. Anterus, who differences, in order to entitle the plaintiff to the relief became pope in A. D. 238, was particularly zealous on which he seeks. The principles, therefore, by which this point, and it was in supervising the discharge of the former actions were governed may be still said to rethis pious office by his clerics that he was himself put main, and to control as much now as formerly in deterto death. The example of the Roman Church was mining the rights of the parties. (L. L., JR.) followed throughout the Christian world. On account ACT OF GOD, or ACTUS DEI, in law, any accident of the vehemence of the persecutions and of other cir- due to natural causes directly and exclusively without cumstances, sometimes only the names and bare dates, human intervention, such as could not have been presometimes only a few meagre indications, could be vented by any amount of foresight and pains and care given; but in more favorable cases full biographical reasonably to be expected. Lord Mansfield said the notices were recorded. It soon became a matter of act of God means something in opposition to the act difficulty and danger to gather the acts of the martyrs, of man. The term includes therefore an earthquake and recourse was often had to bribes to the officials of or tempest, a severe snowstorm which impedes travel, the courts of justice and to executioners in order to the freezing of a river, a frost of extraordinary severity, evade it. The pagans perceived as early as the reign an unprecedented flood or freshet, a sudden gust of wind of Domitian that the Christians set great value on au- or a sudden failure of it. On the other hand, an ordithentic relations of the trials and persecutions of their nary fire is not considered as the act of God, while a fire brethren, and therefore they made these acts an object driven by a tornado or caused by lightning is. Nor does of minute research, so that many copies were de- the term include the shifting of a buoy by some supstroyed either by their captors, or by their possessors posed natural cause, or the freezing of perishable artito hinder them from falling into the hands of the cles which might have been prevented by due care, or heathen. But a small part of the acts of the martyrs theft by an employé or other person. The legal maxhas outlived the persecutions of the Roman empire, ims applicable are Actus Dei nemini facit injuriam (the the invasion of the barbarians, and the neglect of liter- act of God is so treated by the law as to affect no one ature during the Middle Ages.
injuriously), and the similar one, Lex non cogit ad imEusebius, bishop of Cæsarea in the fourth century, possibilia (the law does not compel a man to do that was the first writer to undertake a complete collection which he cannot possibly perform). Where the law of these acts in all the different churches; but his work creates a duty or charge, and the party is disabled to was already lost by the sixth century, although a spe- perform it without any default of his own, and has no cial treatise composed by him on the martyrs of Pales- remedy over, the law will in general excuse him. Comtine has been preserved. Towards the end of the sev- mon carriers, in accordance with this principle, are not enteenth century a learned Benedictine, Dom Ruinart, liable for loss arising from the act of God or the king's made the most perfect collection then possible of these enemies. The Roman law made no distinction between early but long-neglected documents. He used only the act of God and inevitable accident arising from other original manuscripts, which, moreover, he subjected to causes, but gave immunity wherever the loss resulted a rigid criticism, so as to justify the title which he gave from casus fortuitus or damnum fatale or ris major, to his work of genuine acts of the martyrs-Actu Sanc- which are synonymous terms; and in like manner by torum Martyrum Sincera. It was published at Paris the Scotch law not only storms and pirates, but also in 1689. Ruinart limited his researches to the acts of housebreaking and fire, constitute damnum fatale the early martyrs, but the Jesuit Rosweyd had long which will exonerate the innkeeper or carrier. The before conceived the design of publishing the lives of theory of the common law, on the contrary, regarded all the saints of the Roman calendar. He died before the liability of the carrier as dependent upon his remhe could do more than announce his project to the edy. As bailee and possessor he had a remedy at law learned world, which he did in an erudite Latin work against the violence or negligence of others, but as he published at Antwerp in 1607. Two of his literary could have no redress against the acts of God or the disciples, Jesuits like himself, Fathers Bollandus and public enemy, he was not liable over to his bailor. Henschen, commencing with the materials which he had Sir William Jones has endeavored to substitute for collected, and industriously adding thereto, were able to act of God," as more proper and more reverent, the begin the grand undertaking which he had planned by terminevitable or unavoidable accident." In accordpublishing in 1643 the first two volumes of that colossal ance with his opinion, this term and "the act of nature' work which has since been called, as superseding every- are frequently but improperly used as equivalent to the thing else on the subject, the Acta Sanctorum. The act of God.
(J. M. G.) work has been continued by successive writers of the ACTON, SIR JOHN EMERICH EDWARD DALBERG, order of Jesuits, with a long intermission occasioned by LORD, was born at Naples, Jan. 10, 1834, and sucthe suppression of the Society in the last century, down ceeded to the baronetey when about three years of age. He studied for several years in the Catholic college of suburb of London, his father having been appointed St. Mary's, Oscott, but from 1850 to 1854 he was at U. S. minister at the court of St. James
. After a the University of Munich, under the tuition of Dr. long residence in foreign lands, Mr. Adams returned Döllinger. After leaving college he made the tour of to his native country in 1817, and entered the Boston the United States in company with his stepfather, Latin School. In due time he was admitted to HarLord Granville. From 1859 to 1865 he was in the yard College, from which institution he was graduated House of Commons as member for Carlow, Ireland. in 1825, the year of his father's election to the PresiIn 1865 he became the candidate of the Liberal Cath-dency of the United States. olics for the borough of Bridgenorth, but was defeated. Mr. Adams accompanied his father to Washington, In the same year he married the daughter of Count where he studied law under his direction. In the Arco-Valley of Munich. In 1869, under Mr. Glad national capital he enjoyed and profited by rare opporstone's recommendation, he was made a peer with the tunities for the observation of public men and the title of Baron Acton of Aldenham. In 1869 he re- study of American and foreign politics. After one paired to Rome on the assembling of the Ecumenical year's study in the law-office of Daniel Webster, then Council, where he became conspicuous by his active practising in the city of Boston, Mr. Adams was adhostility to the doctrine of papal infallibility. He may mitted to the bar in 1828. He never practised, howbe regarded as the leader of the Liberal Catholics, in ever, but devoted himself to study—international law, advocacy of whose doctrines he founded in 1861 the jurisprudence, history, finance, and other large themes Home and Foreign Review; this ceased to be issued in engaging his attention. He took no active part in 1864. He afterwards edited the Chronicle, a weekly politics, but wrote much for the press, the then powernewspaper, which soon failed from lack of support. At ful North American Review being one of his channels a later date he purchased and edited the North British of communication with the public. At the age of Review, which came to an end under his management. twenty-two years he married the daughter of Peter In 1863 he edited Matinées royales, a work which has Chardon Brooks, then the wealthiest citizen of Boston. been attributed to Frederick the Great, but which has ex- His active mind engaged him in the discussion of many cited much controversy in Germany. In 1870 he took of the public questions of the time, financial and ecoan active part in the Old-Catholic movement, and wrote nomical problems being among those which occupied in its support Zur Geschichte des vaticanischen Concils his powers, now beginning to develop remarkable (Munich, 1871). He is said to have assisted Prof. strength. In 1841, when he was thirty-four years old, Huber in the preparation of the famous book Janus, or Mr. Adams was chosen representative to the General the Pope and the Council, and also to have written the Court, as the Massachusetts legislature was called. He famous Letters from the Council" which appeared was elected as a Whig, and served three consecutive in the Allgemeine Zeitung of Augsburg. His Letter to terms, when he was transferred to the senate of the a German Bishop present at the Vatican Council (in State. It was during this portion of his career that German, Nördlingen, 1870) elicited from Bishop Ket- he began to manifest that independence and firmness teler of Mayence a spirited reply, which has been of character which so distinguished him in later years. translated into English. He published in 1871 a It may be said of Mr. Adams that he inherited all of pamphlet upon the War of 1870, and in 1874 actively the peculiar traits of the remarkable family of which engaged in the controversy which arose on the publica- he was a member. The Adamses led rather than foltion of Mr. Gladstone's pamphlet concerning the civil lowed. They were cold, unsympathetic, dignified, uninfluence of the decrees of the Vatican. (c. M.). bending, self-poised, uncompromising in adherence to
ADA, an incorporated village of Hardin co., Ohio, right, and immovable as granite whenever once assured is on the Pittsburg, Fort Wayne, and Chicago Railroad, of the wisdom and righteousness of a position. These 57 miles west of Crestline. It has a fine city-hall
, two qualities early appeared in harles Francis dams: banks, a weekly newspaper, a steam fire-engine, seven they made him a marked character in American polchurches, and a graded public school. The North- itics in after years. Although elected by the Whig western Ohio Normal School, founded here in 1871 party, then inclined, in Massachusetts, to regard with by Prof. H. S. Lehr, is attended annually by 2000 stu- toleration the aggressive temper of Slavery, Mr. Adams dents. The village was laid out in 1853 under the name early took ground against the spirit of compromise. of Johnstown, but was incorporated in 1871 by its pres- The Whig party was divided into two sections, known ent name. Population, 1760.
"the Cotton Whigs” and “the Conscience Whigs.' ADAIR, JAMES, an English trader with the Ameri- Mr. Adams attached himself to the latter wing of his can Indians, resided among them from 1735 till the party. He lent to the cause of anti-slavery the inoutbreak of the Revolution. His chief connection was Auence of a lofty social station, large wealth, the with the Chickasaws in Georgia, with whom he first honor of a great name, and talents of a high order. traded in 1744. He published at London in 1775 a Although never affiliating himself with what was History of the American Indians, particularly those known as the Abolition or Anti-slavery party, it was Nations adjoining the Mississippi. He argued that impossible that his commanding position in affairs they were descendants of the Lost Tribes of Israel, should not be of great value to the struggling cause. alleging many proofs from their customs.
While he was in the legislature, he wrote the protest ADAMS, CHARLES FRANCIS, son of John Quincy issued by that body against the expulsion of Mr. SamAdams and grandson of John Adams, was born uel Hoar, who had been sent from Massachusetts to in Boston, Mass., Aug. 18, 1807. At the time of South Carolina to defend certain colored persons, his birth, his father was a member of the U. Ş. residents of Massachusetts, seized and imprisoned Senate, and his illustrious grandfather was living in under the local laws. retirement and in full possession of his mental facul- Very soon after the election to the Presidency of ties, having then before him nineteen years of a very James K. Polk, in 1846, a prevailing discontent with long and useful life. When Charles Francis Adams the policy of the two great political parties of the was two years old, he was taken to St. Petersburg by country began to appear, and the more advanced his father, Mr. J. Q: Adams, who had been appointed liberals of Massachusetts, after seeking for some mode minister at the Russian court by Pres. Madison. The of promulgating their political sentiments, purchased lad, as soon as he reached an age at which his preco- a newspaper, of which Mr. Adams became the editor. cious desire for acquiring knowledge could be safely He was now the acknowledged leader of the Free Soil gratified, was placed under the charge of competent party, just coming into existence. With him were tutors, and he soon developed an unusual aptitude for associated Charles Sumner, Henry Wilson, John G. study. He mastered the French, German, and Rus- Palfrey, and many other men who were afterwards sian languages. His education was subsequently fur- famous in the struggle that terminated in the Civil ther advanced by his being put to school in Ealing, a War. In 1848 he presided over the Free Soil conven
tion, a notable and historic convocation, that assembled sition so forcibly that he won the cordial and emphatic in Buffalo, N. Y. This convention nominated Martin acknowledgments of the Government with whose reVan Buren for President and Charles Francis Adams presentatives he had so long contended. His prefor Vice-President. Seventeen States were represented eminent skill was recognized by the publicists of the by delegates, and the party subsequently threw 300,000 world, the proceedings of the tribunal having attracted votes, the Whig candidate, Gen. Zachary Taylor, being universal attention. Mr. Adams's satisfaction with the elected by a large majority.
result of the arbitration removed any feeling of disKept in a minority by New England conservatism, appointment which his fellow-countrymen may have Mr. Adams remained in private life, although devoting felt. himself, by various means, to the dissemination of Returning home, he retired once more to private those ideas of human rights and political responsibility life, but kept himself thoroughly informed of public which he thought most needful for the enlightenment affairs. In 1872, when the Liberal” movement beof his fellow-citizens. In 1858 he was elected to Con- gan, he entered into it with his usual earnestness, and gress for the first time, from the third district of Mas- was pressed for the presidential nomination by some sachusetts. He made few speeches in Congress, but of his zealous friends. Mr. Horace Greeley was noma speech which he delivered during the second year inated, and the absorption of the new party by the of his term attracted marked attention on account of Democrats served to alienate from the organization its purpose and ability. It was a defence of the Re- many sincere men, among whom was Mr. Adams. In publican party, and its cogency of statement, logical 1876 he was nominated for governor of Massachusetts directness, and masterly exposition of the principles by the Democrats, but he took no active part in the and purposes of the Republicans made it a remarkable campaign, and he accepted his defeat with indiffercontribution to the controversy then agitating the republic.
Mr. Adams's contributions to the literature of his During the Congressional recess of 1860, Mr. Adams country are voluminous. He edited and published The accompanied Mr. Seward on his 'Vestern tour, and Works of John Adams, in 9 vols., the opening volume frequently spoke in defence of the principles and policy of the series containing "A Life of John Adams, by of the Republican party. In Jan., 1861, he supported his Grandson, Charles Francis Adams.” He also the compromise measures of “the committee of thirty- edited the letters of Mrs. John Adams, and of John three,”' of which he was a member. These measures Adams to his wife. The Diary of John Quincy Adams, were based on a proposed constitutional amendment in 12 vols. 4to, is another of the historical works with forbidding interference with slavery in the States in which his name, as editor, is connected. (N. B.) which it already existed, and the admission of New ADAMS, CHARLES FRANCIS, JR., second son of Mexico as a State, with or without slavery as the peo- the preceding, was born at Boston, May 27, 1835. ple might elect. Devices like these proved ineffectual After graduating at Harvard College in 1856, he to stay the rising tide. War soon began, and the con- studied law, and was admitted to the bar in 1858. On flict which Mr. Adams had seen was inevitable was the outbreak of the Civil War he entered the Union now precipitated upon the republic. His appointment service as lieutenant in the First Massachusetts cavalry. as U. S. minister to the court of St. James was among After more than two years of service in this regiment the very first determined upon by the Lincoln Adminis- he became lieutenant-colonel of the Fifth Massachutration, which came into power. Mr. Adams reached setts cavalry, a negro regiment. He was afterwards England immediately after the issuing of the queen's promoted to the colonelcy, and on the capture of Richproclamation of neutrality, and at a time when the mond entered it at the head of his troops. He has controlling influences of English politics and society since devoted much attention to social and economic were unmistakably manifested in favor of the new Con questions, and especially the railroad system of the federacy of the South. The Confederates had been United States. He first published the results of his recognized as belligerents, and there were very few investigations in articles in the North American Revino. Englishmen in public life who did not expect and be- In 1869 he was appointed by the governor of Massachulieve in the ultimate triumph of the Confederate cause. setts a member of the State board of railroad commisThe British authorities were apparently unable to sioners. Several of his articles on railroad management, enforce their own neutrality laws, and they depended together with some by his brother, Prof. Henry B. upon the American minister, aided by the American Adams, were revised and published under the title consul at Liverpool, Mr. Dudley, to procure evidence Chapters of Erie (1871)., His later volume on Railneeded to secure governmental interference with the roads, their Origin and Problems (1879), is a condennumerous enterprises against the United States that sation of the more important parts of numerous articles were planned in British dominions. For this task Mr. and of his reports as commissioner. When his term Adams was admirably fitted. With unremitting pa- of office expired in 1879, he declined a reappointment. tience and unyielding firmness he applied a steady pres- An organization was then formed by the principal railsure to the British Government day after day and for road companies, whose roads lay north of the Potomac several years. He addressed to unwilling ears his con- and the Ohio and west of the Mississippi, and this vincing protests and unanswerable reasoning. Never joint executive committee selected Mr. Adams, together dismayed or disturbed by the almost contemptuous in- with Messrs. D. A. Wells and J. S. Wright, as a perdifference of those to whom he directed his complaints, manent board of arbitrators to settle disputes arising and with absolute confidence in the justice of his cause, among the companies. In 1882, Mr. Adams was sehe maintained his ground without flinching and with lected as sole arbitrator. out bravado. With rare wisdom and tact he won his ADAMS, NEHEMIAH, D.D. (1806–1878), an Amerway in society, making friends where his country had ican Congregational minister and author, was born at none. When, in 1868, after a residence of seven years Salem, Mass., Feb. 19, 1806. While he was a child, in England, Mr. Adams returned to his native land, his father, Nehemiah Adams, Sr., a cabinetmaker, lost he received the unusual tribute of a letter testifying to all his property, and the son while acquiring an educathe esteem with which he was regarded by the signers, tion was obliged to work for his living: "While a student among whom were the men most eminent in the Brit- at Harvard College he taught school at North Beverly ish nation, members of the Government and of both in the winter. Having graduated in 1826, he studied the great political parties.
theology at Andover, and on Dec. 17, 1829, was orThe crowning honor of Mr. Adams's life, as well as dained colleague with the venerable Rev. Dr. Abiel his most notable opportunity to prove his great abil. Holmes, pastor of the First Congregational Church, ities, was his appointment as arbitrator at the Geneva Cambridge, Mass. In 1831, Dr. Holmes having retribunal of arbitration on the Alabama claims. His signed his charge, Mr. Adams became sole pastor, but learning and impartiality were now brought into requi- in 1834 he removed to Boston, where he was installed pastor of the Union Congregational Church on Essex and Helps to the Habit; he also published many serStreet. In the early part of his ministerial career he mons and orations and contributed articles to several engaged in the controversy with the Unitarians, and religious reviews. In a course of lectures on the Catawas a frequent contributor to the Spirit of the Pilgrims. combs of Rome he made important corrections in the He was always an earnest
, eloquent preacher, a tender- current translation of several inscriptions. hearted pastor, devoted to his congregation and beloved ADEMPTION, in law, the extinction or withdrawal by them. Several of his publications grew out of his of a legacy in consequence of some act of the testator fastoral experience. In 1853, on account of his wife's which, though not directly a revocation of the bequest, failing health, he accompanied her to Georgia, and is considered in law as equivalent thereto. A legacy of spent three months on the plantation of a wealthy slave any specific chattel will be adeemed by the testator's holder. As the agitation produced by the publication selling or otherwise disposing of it in his lifetime, or of Uncle Tom's Cabin was then at its height, Dr. Adams by a conversion of it at his order or request into such a carefully examined Southern slavery as he found it, and form as will alter the specification of it.' So, too, a mere on his return to Boston gave his views in a volume called removal of chattels will sometimes operate to adeem a A South-side View of Slavery.. He maintained that bequest of them. Thus, where a testator bequeathed with proper regulations the institution was beneficial to all his books in a certain place, the removal of the books both master and slave. He also had a public correspond by his command elsewhere prior to his death was held ence with Gov. Wise of Virginia on the same subject, to extinguish the legacy. Ademption by removal can and in 1861 published The Sable Cloud, a Southern only take place, however, where the removal is with Tale with Northern Comments. In 1869, having had the testator's knowledge and approval. an attack of apoplexy, he obtained leave of absence A specific legacy of a debt or security for money will from his congregation, and sailed from Boston Oct. 4, be adeemed by the receipt of the amount due by the in the ship Golden Flame, commanded by his youngest testator in his lifetime, no matter whether his acceptson. His voyage extended around the world, and an ance of the same was compulsory or voluntary. So a account of it was published in a volume called Under partial receipt by the testator of a debt specifically bethe Mizzen-mast. Returning May 16, 1871, he was un- queathed will operate as an ademption pro tanto. able to resume his former work, and was made pastor Where stock is specifically bequeathed, and does not emeritus, Rev. H. M. Parsons being active pastor. exist, either in whole or in part, at the time of the tesAfter a gradual decline, Dr. Adams died at Boston, tator's death, the legacy will be considered to be totally Oct. 6, 1878. His publications were generally of a devo- or partially adeemed, as the case may be, unless, indeed, tional character; besides those already mentioned the the stock has been exchanged or converted by operation principal were-The Baptized Child (1834), Remarks on of law, in which case no such result follows. Such a leg; the Unitarian Belief (1832), Life of John Eliot (1847), acy is irretrievably adeemed by the sale of the stock, and The Friends of Christ in the New Testament (1855), will not be revived by a new purchase of similar stock Christ a Friend (1855), Communion Sabbath (1856), by the testator. Bertha and her Baptism (1857), Catherine (1859), The General and demonstrative legacies are usually not Great Concern (1860), Evenings with the Doctrines subject to ademption. They may, however, be thus (1861), Broadcast (1863), Agnes and the Little Key extinguished in certain cases. Where a parent, or one (1863), The Cross in the Cell (1866), Walks to Emmaus who stands in loco parentis, gives a legacy to a child, (1879). At the request of several ministers he pub- that will be deemed to constitute a portion, and if sublished in 1877 a selection from his later sermons under sequently the testator makes an advancement of propthe title At Eventide, and in 1882 a second edition of erty to the child, either greater, equal to, or less in value this volume was issued, with a brief biographical sketch than the legacy, said legacy will be considered adeemed by his son, R. C. Adams.
in whole or in part accordingly. It will make no differADAMS, WILLIAM, D. D. (1807-1880), an eloquent ence in the application of this rule that the property adPresbyterian minister, was born at Colchester, Conn., vanced is of a wholly different sort from that bequeathed Jan. 25, 1807. He was taught by his father, John or that it is settled with entirely different limitations. If, Adams, LL.D., in Phillips Academy, Andover, and however, it can be clearly shown by evidence that the graduated at Yale College in 1827. He studied theol- intention of the testator in making the advancement ogy at Andover, and in 1831 was ordained as pastor of was not to adeem the prior legacy, that result will not a Congregational church at Brighton, Mass. In 1834 follow.
(L. L., JR.) he was called to New York as pastor of the Central ADLERBETH, GUDMUND GÖRAN (1751-1818), a Presbyterian Church, which in 1853 was removed to Swedish author, was born in 1751. He wrote some another site and became known as the Madison Square good tragedies and made excellent translations of VirPresbyterian Church. When his denomination was gil, Horace, and Ovid. His greatest merit consists ir divided in 1838, he adhered to the New School branch, his having called attention to old Norse poetry by his and soon became prominent in it, as well as in the translation of Eving Skaldespiller's poem on King Havarious undenominational societies, religious and be- kon. His Historical Notes, published after his death, nevolent, which had their head-quarters at New York. are a valuable contribution to the history of Sweden In 1852 he was moderator of the General Assembly, from 1771 to 1807. and afterwards took an active part in the reunion of ADLERCREUTZ, CARL JOHAN (1757-1815), a the Presbyterian Church, which was accomplished in Swedish general, was born April 27, 1757, in Finland. 1870. In 1873 his son-in-law, Mr. J. T. Brown, He entered the military service in early youth, and disoffered to endow the Union Theological Seminary with tinguished himself in the war with Russia (1788–90). $100,000, on condition that Dr. Adams should take the He was a colonel when the war of 1808 began, and soon presidency of that institution. Although reluctant to afterwards became chief of the staff of the Finnish army. part with the congregation to which he had ministered In the victory of Siikajoki he compelled the Russians for thirty-nine years, he felt it his duty to accept the advancing under Tutschkoff to halt, and in the battles position, which he held till his death. He was a dele- of Lappo and Alavo against Rajewski he forced them gate to the First Presbyterian Council
, which met at to retreat still farther; but when the Russians under Edinburgh in September, 1876, and was appointed to the command of Kamenski were reinforced, he was preach the opening sermon at its next session in Phila- obliged to leave Finland after the bloody battle of Oradelphia in September, 1880, but had scarcely begun to vais. In Stockholm he joined the enemies of the imwrite the sermon when he died, August 31, 1880, at prudent policy of Gustaf IV., and it was he that took Orange Mountain, N., J. His principal books are The the king prisoner. Adlercreutz became lieutenant-genThree Gardens : Edlen, Gethsemane, and Paradise, eral in 1809, cabinet officer in 1810, and general in 1811, 1859; Conversations of Jesus Christ with Representa- He took part in the wars in Germany in 1813, and the tive Ven, 1868; Thanksgiving, Memories of the Day invasion of Norway in 1814. He died Aug. 21, 1815.
p. 141 Am. ed. (p. 154
ADLERSFARRE, GEORG (1760—1835), a Swedish in the law as devastavit. In all the States of the Union statesman and author, was born March 28, 1760, and an administrator properly discharging his duty is allowed entered the army in 1775. He took part in the war a reasonable compensation for his services. (s. W.) against Russia (1788–90), but resigned in 1794, and de- ADMISSION, in law, a concession or voluntary acvoted many years to literature. He published several knowledgment, made by a party, of the existence or works on political economy, history, and military tactics, truth of certain facts. The term is employed only in and a prominent periodical for that time, Läsning i blan- civil cases, the corresponding expression in criminal dade ämnen (1797-1801). In 1808 he again entered practice being “confession.' the army, and marched in 1809 against Stockholm, and Admissions are sometimes made by deed under seal, thus caused the imprisonment of Gustaf IV. by Adler- and in such cases are conclusive as against parties makcreutz. He served the state in various high positions ing them. until 1824, when he resigned and edited his work in Admissions not under seal are either judicial in their nine volumes, Handlingar rörande Sveriges äldre och nature or not judicial. Judicial admissions are such as nyare historia. His death occurred Sept. 23, 1835. are solemnly made by a party to a cause either in the
ADLERSPARRE, KARL AUGUST (1810-1862), eld- pleadings or subsequently. These are conclusive in est son of Georg Adlersparre, was born June 7, 1810. their effect upon the rights of the party making them. He gained his first popularity by a volume of poems, Admissions other than judicial consist of such statements which were followed by other poems and novels, pub- or conduct of a party in a suit as amount to a concession lished under the nom-de-plume" Albano." His repu- by him of the truth of certain facts. Admissions of tation, however, is chiefly based on his historical works, this character, when proved, will be submitted to the 1809 Ars Revolutionen och dess män (2 vols., Stockholm, jury as evidence, but are not conclusive as against the 1849); 1809 och 1810, Tidstaflor (3 vols., Stockholm, party making them unless, in consequence of their be1850); and Anteckningar om bortgångna Samtida (3 ing made, the other party to the suit has been induced vols., Stockholm, 1859–62). He died May 5, 1862. to act in some manner which has proved to be to his
ADMINISTRATOR, a person duly authorized by prejudice. Admissions made by some other person See Vol. I.
law to attend to the settlement of the estate than a party to the suit are sometimes allowed in eviof one who dies intestate, or of a testator dence against him. It is on this principle that the ad
of whose will there is no executor. In the missions of privies in estate, agents, etc. are received. Edin, ed.). latter case the administration is cum testa- The admissions of a mere stranger are not usually com: mento anneco. By the Scottish law, "administrator'
petent evidence. is the general term used as the title of any one acting The admission of one party to a suit is not receivable for one incapacitated by law to act in person.
in evidence as against other parties on the same side, Administrators were known to the civil law, but did unless there be some joint interest or privity of design not exist in England prior to the 31st year of Edward between them. A mere community of interest is not III. Prior to that time the duty of administering to enough to warrant this result. Admissions made under the estates of decedents devolved upon the king, and circumstances of constraint or compulsion are receivable was by him entrusted to the bishop or ordinary. Hence in evidence, provided that the compulsion was legal and we find that the administration of intestates' estates the party was not imposed upon nor under duress. became part of the jurisdiction of the ecclesiastical
Admissions not only consist of direct or incidental courts in England. The general theory of the law as statements, but may also be implied in certain cases to the distribution of the estates of intestates in this from unusual conduct or from silence.
Much care country is that, in the absence of any expressed inten- must, however, be taken in regard to admissions intion on the part of the decedent, his estate should go ferred from silence, the weight of authority being that in such channels as, in the exercise of natural love and they never ought to be received at all unless there be affection, it would have been likely to be directed by evidence of some declaration made to the party with will
. In all the States of the Union there are laws respect to his right which is of such a character as regulating the disposition of intestates' estates, both as naturally to call for contradiction. (L. L., JR.) to real and personal property. (See INTESTATES, IN- ADOBE. The adobe, or sun-dried brick, is probably TESTACY, INHERITANCE.) Under the operation of these one of the
oldest forms of materials
used in the conlaws the real estate passes directly to specified heirs, struction of buildings of all kinds. From the days of and provision is made for the administration of the per- Nineveh to the present its use has been constant, and sonal property, generally by the appointment of the the limit of its area dependent only upon climatic influ. nearest relation of the decedent as administrator. Thus, ences. Under the term adobe, however, are generally the husband has the administration of his wife's prop-included only the modern constructions in those parts erty, and the widow of that of her husband. After that of America inhabited by the descendants of Spanish the appointment is made in the order of kinship, com-colonists. The ruins of Assyria show the same form puted in some States by the rule of the civil law, and in and the same mode of construction and protection; and others by the English rule. In most States the order the Spaniards found in America the same method in is-husband or wife, children, father or mother, broth- use by the native races of the dry or “rainless” areas ers or sisters, grandchildren, uncles, aunts, nephews, of their colonization field. To ensure success in the use nieces, etc. When two or more are in the same degree of partially indurated clay as a building material, it of kinship, the probate judge or surrogate decides be- seems to be necessary that the rainfall shall be not over tween them. If there are no relatives, the creditors of 20 inches, although occasional heavy storms or greater the decedent have the right of administration. fall may be guarded against. It seems necessary also
The duties of an administrator are to collect all claims that there shall be no continued frost of long duration due to the estate, to pay all the debts of the decedent, and no heavy fall of snow for long periods. The mateand to distribute the balance remaining in his hands rial from which the bricks are made must be principally according to the order of the proper court having juris- clay, but must contain sand or pebbly gravel in sucb diction of his account. In the payment of debts he proportion that the shrinkage shall not be violent. must first pay all those caused by the decedent's last Adobes are, however, made of any kind of clay or soil illness and funeral expenses. In most of the States that will hold together, and when carefully used and there are provisions giving priority also to debts due the well protected from the weather will stand almost as United States and the State in which the decedent was well as better material. Their use and the spread of domiciled at the time of his death. Beyond his respon- their employment appear to have been purely empirical, sibility to see to the proper administration of the estate and if found to fail other material was adopted, simply according to the law, an administrator is not liable ex- because the first tried did not succeed. There are reacept for misconduct or gross negligence in managing the sons to believe that some of the constructions of the property entrusted to him. Such misconduct is known Mound-builders were of adobes, and that they were