Chapter 10 of 46 · 3736 words · ~19 min read

Part 10

BLACKPOOL, a municipal and county borough and seaside resort in the Blackpool parliamentary division of Lancashire, England, 46 m. N. of Liverpool, served by the Lancashire & Yorkshire, and London & North Western railways. Pop. (1891) 23,846; (1901) 47,346. The town, which is quite modern, contains many churches and chapels of all denominations, a town hall, public libraries, the Victoria hospital, three piers, theatres, ball-rooms, and other places of public amusement, including a lofty tower, resembling the Eiffel Tower of Paris. The municipality maintains an electric tram service. There are handsome promenades along the sea front, which command fine views. Extensive works upon these, affording a sea front unsurpassed by that of any English watering-place, were completed in 1905. The beach is sandy and the bathing good. The borough was created in 1876 (county borough, 1904), and is governed by a mayor, 12 aldermen and 36 councillors. Area, exclusive of foreshore, 3496 acres; including foreshore, 4244 acres.

BLACK ROD (more fully, "Gentleman Usher of the Black Rod "), an official of the House of Lords, instituted in 1350. His appointment is by royal letters patent, and his title is due to his staff of office, an ebony stick surmounted with a gold lion. He is a personal attendant of the sovereign in the Upper House, and is also usher of the order of the Garter, being doorkeeper at the meetings of the knights' chapter. He is responsible for the maintenance of order in the House of Lords, and on him falls the duty of arresting any peer guilty of breach of privilege or other offence of which the House takes cognizance. But the duty which brings him most into prominence is that of summoning the Commons and their speaker to the Upper House to hear a speech from the throne or the royal assent given to bills. If the sovereign is present in parliament, Black Rod _commands_ the attendance of the gentlemen of the Commons, but when lords commissioners represent the king, he only _desires_ such attendance. Black Rod is on such occasions the central figure of a curious ceremony of much historic significance. As soon as the attendants of the House of Commons are aware of his approach, they close the doors in his face. Black Rod then strikes three times with his staff, and on being asked "Who is there?" replies "Black Rod." Being then admitted he advances to the bar of the House, makes three obeisances and says, "Mr Speaker, the king commands this honourable House to attend his majesty immediately in the House of Lords." This formality originated in the famous attempt of Charles I. to arrest the five members, Hampden, Pym, Holies, Hesilrige and Strode, in 1642. Indignant at this breach of privilege, the House of Commons has ever since maintained its right of freedom of speech and uninterrupted debate by the closing of the doors on the king's representative.

BLACK SEA (or EUXINE; anc. _Pontus Euxinus_),[1] a body of water lying almost entirely between the latitudes 41 deg. and 45 deg. N., but extending to about 47 deg. N. near Odessa. It is bounded N. by the southern coast of Russia; W. by Rumania, Turkey and Bulgaria; S. and E. by Asia Minor. The northern boundary is broken at Kertch by a strait entering into the Sea of Azov, and at the junction of the western and southern boundary is the Bosporus, which unites the Black Sea with the Mediterranean through the Sea of Marmora and the Dardanelles. The 100-fathom line is about 10 to 20 m. from the shore except in the north-west corner between Varna and Sevastopol, where it extends 140 m. seawards. The greatest depth is 1030 fathoms (1227 Russian fathoms) near the centre, there being only one basin. The steepest incline outside 100 fathoms is to the south-east of the Crimea and at Amastra; the incline to the greater depths is also steep off the Caucasus and between Trebizond and Batum. The conditions that prevail in the Black Sea are very different from those of the Mediterranean or any other sea. The existence of sulphuretted hydrogen in great quantities below 100 fathoms, the extensive chemical precipitation of calcium carbonate, the stagnant nature of its deep waters, and the absence of deep-sea life are conditions which make it impossible to discuss it along with the physical and biological conditions of the Mediterranean proper.

The depths of the Black Sea are lifeless, higher organic life not being known to exist below 100 fathoms. Fossiliferous remains of _Dreissena_, _Cardium_ and other molluscs have, however, been dredged up, which help to show that conditions formerly existed in the Black Sea similar to those that exist at the present day in the Caspian Sea. According to N. Andrusov, when the union of the Black Sea with the Mediterranean through the Bosporus took place, salt water rushed into it along the bottom of the Bosporus and killed the fauna of the less saline waters. This gave rise to a production of sulphuretted hydrogen which is found in the deposits, as well as in the deeper waters.

Observations in temperature and salinity have only been taken during summer. During summer the surface salinity of the Black Sea is from 1.70 to 2.00% down to 50 fathoms, whereas in the greater depths it attains a salinity of 2.25%. The temperature is rather remarkable, there being an intermediate cold layer between 25 and 50 fathoms. This is due to the sinking of the cold surface water (which in winter reaches freezing-point) on to the top of the denser more saline water of the greater depths. There is thus a minimum circulation in the greater depths causing there uniformity of temperature, an absence of the circulation of oxygen by other means than diffusion, and a protection of the sulphuretted hydrogen from the oxidation which takes place in homologous situations in the open ocean. The temperature down to 25 fathoms is from 78.3 deg. to 46.2 deg. F., and in the cold layer, between 25 and 50 fathoms, is from 46.2 deg. to 43.5 deg. F., rising again in greater depths to 48.2 deg. F.

The _Sea of Marmora_ may be looked upon as an arm of the Aegean Sea and thus part of the Mediterranean proper. Its salinity is comparable to that of the eastern basin of the Mediterranean, which is greater than that of the Black Sea, viz. 4%. Similar currents exist in the Bosporus to those of the Strait of Gibraltar. Water of less salinity flows outwards from the Black Sea as an upper current, and water of greater salinity from the Sea of Marmora flows into the Black Sea as an under-current. This under-current flows towards Cape Tarhangut, where it divides into a left and right branch. The left branch is appreciably noticed near Odessa and the north-west corner; the right branch sweeps past the Crimea, strikes the Caucasian shore (where it comes to the surface running across, but not into, the south-east corner of the Black Sea), and finally disperses flowing westwards along the northern coast of Asia Minor between Cape Jason and Sinope. This current causes a warmer climate where it strikes. So marked is this current that it has to be taken into account in the navigation of the Black Sea.

The _Sea of Azov_ is exceedingly shallow, being only about 6 fathoms in its deepest part, and it is largely influenced by the river Don. Its water is considerably fresher than the Black Sea, varying from 1.55 to 0.68%. It freezes more readily and is not affected by the Mediterranean current.

See N. Andrusov, "Physical Exploration of the Black Sea," in _Geographical Journal_, vol. i. p. 49.

FOOTNOTE:

[1] The early Greek navigators gave it the epithet of _axenus_, i.e. unfriendly to strangers, but as Greek colonies sprang up on the shores this was changed to _euxinus_, friendly to strangers.

BLACK SEA (Russ. _Chernomorskaya_), a military district of the province of Kuban, formerly an independent province of Transcaucasia, Russia; it includes the narrow strip of land along the N.E. coast of the Black Sea from Novorossiysk to the vicinity of Pitsunda, between the sea and the crest of the main range of the Caucasus. Area, 2836 sq. m. Pop. (1897) 54,228; (1906, estimate) 71,900. It is penetrated by numerous spurs of this range, which strike the sea abruptly at right angles to the coast, and in many cases plunge down into it sheer. Owing to its southern exposure, its sheltered position, and a copious rainfall, vegetation, in part of a sub-tropical character, grows in great profusion. In consequence, however, of the mountainous character of the region, it is divided into a large number of more or less isolated districts, and there is little intercourse with the country north of the Caucasus, the passes over the range being few and difficult (see CAUCASUS). But since the Russians became masters of this region, its former inhabitants (Circassian tribes) have emigrated in thousands, so that the country is now only thinly inhabited. It is divided into three districts--Novorossiysk, with the town (pop. in 1897, 16,208) of the same name, which acts as the capital of the Black Sea district; Velyaminovsk; and Sochi. Novorossiysk is connected by rail, at the west end of the Caucasus, with the Rostov-Vladikavkaz line, and a mountain road leads from Velyaminovsk (or Tuapse) to Maikop in the province of Kuban.

BLACKSTONE, SIR WILLIAM (1723-1780), English jurist, was born in London, on the 10th of July 1723. His parents having died when he was young, his early education, under the care of his uncle, Dr Thomas Bigg, was obtained at the Charterhouse, from which, at the age of fifteen, he was sent to Pembroke College, Oxford. He was entered in the Middle Temple in 1741. In 1744 he was elected a fellow of All Souls' College. From this period he divided his time between the university and the Temple, where he took chambers in order to attend the law courts. In 1746 he was called to the bar. Though but little known or distinguished as a pleader, he was actively employed, during his occasional residences at the university, in taking part in the internal management of his college. In May 1749, as a small reward for his services, and to give him further opportunities of advancing the interests of the college, Blackstone was appointed steward of its manors. In the same year, on the resignation of his uncle, Seymour Richmond, he was elected recorder of the borough of Wallingford in Berkshire. In 1750 he became doctor of civil law. In 1753 he decided to retire from London work to his fellowship and an academical life, still continuing the practice of his profession as a provincial counsel.

His lectures on the laws of England appear to have been an early and favourite idea; for in the Michaelmas term immediately after he abandoned London, he entered on the duty of reading them at Oxford; and we are told by the author of his _Life_, that even at their commencement, the high expectations formed from the acknowledged abilities of the lecturer attracted to these lectures a very crowded class of young men of the first families, characters and hopes. Bentham, however, declares that he was a "formal, precise and affected lecturer--just what you would expect from the character of his writings--cold, reserved and wary, exhibiting a frigid pride." It was not till the year 1758 that the lectures in the form they now bear were read in the university. Blackstone, having been unanimously elected to the newly-founded Vinerian professorship, on the 25th of October read his first introductory lecture, afterwards prefixed to the first volume of his celebrated _Commentaries_. It is doubtful whether the _Commentaries_ were originally intended for the press; but many imperfect and incorrect copies having got into circulation, and a pirated edition of them being either published or preparing for publication in Ireland, the author thought proper to print a correct edition himself, and in November 1765 published the first volume, under the title of _Commentaries on the Laws of England_. The remaining parts of the work were given to the world in the course of the four succeeding years. It may be remarked that before this period the reputation which his lectures had deservedly acquired for him had induced him to resume practice in London; and, contrary to the general order of the profession, he who had quitted the bar for an academic life was sent back from the college to the bar with a considerable increase of business. He was likewise elected to parliament, first for Hindon, and afterwards for Westbury in Wilts; but in neither of these departments did he equal the expectations which his writings had raised. The part he took in the Middlesex election drew upon him many attacks as well as a severe animadversion from the caustic pen of "Junius." This circumstance probably strengthened the aversion he professed to parliamentary attendance, "where," he said, "amidst the rage of contending parties, a man of moderation must expect to meet with no quarter from any side." In 1770 he declined the place of solicitor-general; but shortly afterwards, on the promotion of Sir Joseph Yates to a seat in the court of common pleas, he accepted a seat on the bench, and on the death of Sir Joseph succeeded him there also. He died on the 14th of February 1780.

The design of the _Commentaries_ is exhibited in his first Vinerian lecture printed in the introduction to them. The author there dwells on the importance of noblemen, gentlemen and educated persons generally being well acquainted with the laws of the country; and his treatise, accordingly, is as far as possible a popular exposition of the laws of England. Falling into the common error of identifying the various meanings of the word law, he advances from the law of nature (being either the revealed or the inferred will of God) to municipal law, which he defines to be a rule of civil conduct prescribed by the supreme power in a state commanding what is right and prohibiting what is wrong. On this definition he founds the division observed in the _Commentaries_. The objects of law are rights and wrongs. Rights are either rights of persons or rights of things. Wrongs are either public or private. These four headings form respectively the subjects of the four books of the _Commentaries_.

Blackstone was by no means what would now be called a scientific jurist. He has only the vaguest possible grasp of the elementary conceptions of law. He evidently regards the law of gravitation, the law of nature, and the law of England, as different examples of the same principle--as rules of action or conduct imposed by a superior power on its subjects. He propounds in terms the doctrine that municipal or positive laws derive their validity from their conformity to the so-called law of nature or law of God. "No human laws," he says, "are of any validity if contrary to this." His distinction between rights of persons and rights of things, implying, as it would appear, that things as well as persons have rights, is attributable to a misunderstanding of the technical terms of the Roman law. In distinguishing between private and public wrongs (civil injuries and crimes) he fails to seize the true principle of the division. Austin, who accused him of following slavishly the method of Hale's _Analysis of the Law_, declares that he "blindly adopts the mistakes of his rude and compendious model; missing invariably, with a nice and surprising infelicity, the pregnant but obscure suggestions which it proffered to his attention, and which would have guided a discerning and inventive writer to an arrangement comparatively just." By the want of precise and closely-defined terms, and his tendency to substitute loose literary phrases, he falls occasionally into irreconcilable contradictions. Even in discussing a subject of such immense importance as equity, he hardly takes pains to discriminate between the legal and popular senses of the word, and, from the small place which equity jurisprudence occupies in his arrangement, he would scarcely seem to have realized its true position in the law of England. Subject, however, to these strictures the completeness of the treatise, its serviceable if not scientific order, and the power of lucid exposition possessed by the author demand emphatic recognition. Blackstone's defects as a jurist are more conspicuous in his treatment of the underlying principles and fundamental divisions of the law than in his account of its substantive principles.

Blackstone by no means confines himself to the work of a legal commentator. It is his business, especially when he touches on the framework of society, to find a basis in history and reason for all the most characteristic English institutions. There is not much either of philosophy or fairness in this part of his work. Whether through the natural conservatism of a lawyer, or through his own timidity and subserviency as a man and a politician, he is always found to be a specious defender of the existing order of things. Bentham accuses him of being the enemy of all reform, and the unscrupulous champion of every form of professional chicanery. Austin says that he truckled to the sinister interests and mischievous prejudices of power, and that he flattered the overweening conceit of the English in their own institutions. He displays much ingenuity in giving a plausible form to common prejudices and fallacies; but it is by no means clear that he was not imposed upon himself. More undeniable than the political fairness of the treatise is its merits as a work of literature. It is written in a most graceful and attractive style, and although no opportunity of embellishment has been lost, the language is always simple and clear. Whether it is owing to its literary graces, or to its success in flattering the prejudices of the public to which it was addressed, the influence of the book in England has been extraordinary. Not lawyers only, and lawyers perhaps even less than others, accepted it as an authoritative revelation of the law. It performed for educated society in England much the same service as was rendered to the people of Rome by the publication of their previously unknown laws. It is more correct to regard it as a handbook of the law for laymen than as a legal treatise; and as the first and only book of the kind in England it has been received with somewhat indiscriminating reverence. It is certain that a vast amount of the constitutional sentiment of the country has been inspired by its pages. To this day Blackstone's criticism of the English constitution would probably express the most profound political convictions of the majority of the English people. Long after it has ceased to be of much practical value as an authority in the courts, it remains the arbiter of all public discussions on the law or the constitution. On such occasions the _Commentaries_ are apt to be construed as strictly as if they were a code. It is curious to observe how much importance is attached to the _ipsissima verba_ of a writer who aimed more at presenting a picture intelligible to laymen than at recording the principles of the law with technical accuracy of detail.