Part 17

CARRIER, JEAN BAPTISTE (1756-1794), French Revolutionist and Terrorist, was born at Yolet, a village near Aurillac in Upper Auvergne. In 1790 he was a country attorney (counsellor for the _bailliage_ of Aurillac) and in 1792 he was chosen deputy to the National Convention. He was already known as one of the influential members of the Cordeliers club and of that of the Jacobins. After the subjugation of Flanders he was one of the commissioners nominated in the close of 1792 by the Convention, and sent into that country. In the following year he took part in establishing the Revolutionary Tribunal. He voted for the death of Louis XVI., was one of the first to call for the arrest of the duke of Orleans, and took a prominent part in the overthrow of the Girondists (on the 31st of May). After a mission into Normandy, Carrier was sent, early in October 1793, to Nantes, under orders from the Convention to suppress the revolt which was raging there, by the most severe measures. Nothing loth, he established a revolutionary tribunal, and formed a body of desperate men, called the Legion of Marat, for the purpose of destroying in the swiftest way the masses of prisoners heaped in the jails. The form of trial was soon discontinued, and the victims were sent to the guillotine or shot or cut down in the prisons _en masse_. He also had large numbers of prisoners put on board vessels with trap doors for bottoms, and sunk in the Loire. This atrocious process, known as the _Noyades_ of Nantes, gained for Carrier a reputation for wanton cruelty. Since in his mission to Normandy he had been very moderate, it is possible that, as he was nervous and ill when sent to Nantes, his mind had become unbalanced by the atrocities committed by the Vendean and royalist armies. Naturally, the stories told of him are not all true. He was recalled by the Committee of Public Safety on the 8th of February 1794, took part in the attack on Robespierre on the 9th Thermidor, but was himself brought before the Revolutionary Tribunal on the 11th and guillotined on the 16th of November 1794.

See Comte Fleury, _Carrier a Nantes_, 1793-1794 (Paris, 1897); Alfred Lallie, _J.B. Carrier, representant du Cantal a la Convention 1756-1794 d'apres de nouveaux documents_ (Paris, 1901). These works, and the others of Lallie, are inspired by strong royalist sympathies and are not altogether to be accepted.

CARRIER, a general term for any person who conveys the goods of another for hire, more specifically applied to the tradesmen, now largely superseded by the railway system, who convey goods in carts or wagons on the public roads. In jurisprudence, however, the term is collectively applied to all conveyers of property, whether by land or water; and in this sense the changes and enlargements of the system of transit throughout the world have given additional importance to the subject. The law by which carriers, both by land and sea, are made responsible for the goods entrusted to them, is founded on the praetorian edict of the civil law, to which the ninth title of the fourth book of the Pandect is devoted. The edict itself is contained in these few words, "_nautae, caupones, stabularii, quod cujusque salvum fore receperint, nisi restituent, in eos judicium dabo._" The simplicity of the rule so announced has had a most beneficial influence on the commerce of the world. Throughout the great civilized region which took its law directly from Rome, and through the other less civilized countries which followed the same commercial code, it laid a foundation for the principle that the carrier's engagement to the public is a contract of indemnity. It bound him in the general case, to deliver what he had been entrusted with, or its value,--thus sweeping away all secondary questions or discussions as to the conditions of mere or less culpability on his part under which loss or damage may have occurred; and it left any limitations of this general responsibility to be separately adjusted by special contract.

The law of England recognizes a distinction between a common and a private carrier. The former is one who holds himself out to the public as ready to carry for hire from place to place the goods of such persons as choose to employ him. The owner of a stagecoach, a railway company, the master of a general ship, a wharfinger carrying goods on his own lighters are common carriers; and it makes no difference that one of the _termini_ of the journey is out of England. It has been held, however, that a person who carries only passengers is not a common carrier; nor of course is a person who merely engages to carry the goods of

## particular individuals or to carry goods upon any particular occasion. A

common carrier is subject at law to peculiar liabilities. He is bound to carry the goods of any person who offers to pay his hire, unless there is a good reason to the contrary, as, for example, when his carriage is full, or the article is not such as he is in the habit of conveying. He ought to carry the goods in the usual course without unnecessary deviation or delay. To make him liable there must be a due delivery of the goods to him in the known course of his business. His charge must be reasonable; and he must not give undue preference to any customer or class of customers. The latter principle, as enforced by statute, has come to be of great importance in the law of railway companies. In respect of goods entrusted to him, the carrier's liability, unless limited by a special contract, is, as already stated, that of an insurer. There is no question of negligence as in the case of injury to passengers, for the warranty is simply to carry safely and securely. The law, however, excepts losses or injuries occasioned immediately "by the act of God or the king's enemies"--words which have long had a strict technical signification. It would appear that concealment without fraud, on the part of the customer, will relieve the carrier from his liability for _negligence_, but not for actual _misfeasance_. Fraud or deceit by the customer (e.g., in misrepresenting the real value of the goods) will relieve the carrier from his liability. The responsibility of the carrier ceases only with the delivery of the goods to the proper consignee. By the Carriers' Act 1830 the liability of carriers for gold, silver, &c. (in general "articles of great value in small compass") is determined. Should the article or parcel exceed L10 in value, the carrier is not to be liable for loss unless such value is declared by the customer and the carrier's increased charge paid. Where the value is thus declared, the carrier may, by public notice, demand an increased charge, for which he must, if required, sign a receipt. Failing such receipt or notice, the carrier must refund the increased charge and remain liable as at common law. Except as above no mere notice or declaration shall affect a carrier's liability; but he may make special contracts with his customers. The carriage of goods by sea is subject to special regulations (see AFFREIGHTMENT). The carriage of goods by railway and canal is subject to the law of common carrier, except where varied by particular statutes, as the Railway and Canal Traffic Acts 1854 to 1894 and the Regulation of Railways Acts 1840 to 1893. The effect of these acts is to prevent railway companies as common carriers from limiting by special contract their liability to receive, forward and deliver goods, unless the conditions embodied in the special contract are reasonable, and the contract is in writing and signed by, or on behalf of, the sender. A railway company must provide reasonable facilities for forwarding passengers' luggage; where luggage is taken into the carriage with a passenger, the company is responsible for it only in so far as loss or damage is due to the passenger's interference with the company's exclusive control of it. As carriers of passengers companies are bound, in the absence of any special contract, to exercise due care and diligence, and are responsible for personal injuries only when they have been occasioned by negligence or want of skill. Where there has been contributory negligence on the part of the passenger, i.e. where he might, by the exercise of ordinary care, have avoided the consequences of the defendants' negligence--he is not entitled to recover. By the act of 1846 (commonly called Lord Campbell's Act), when a person's death has been caused by such negligence as would have entitled him to an action had he survived, an action may be maintained against the party responsible for the negligence on behalf of the wife, husband, parent or child of the deceased. Previously such cases had been governed by the maxim _actio personalis moritur cum persona_.

CARRIERE, MORITZ (1817-1895), German philosopher and historian, was born at Griedel in Hesse Darmstadt on the 5th of March 1817. After studying at Giessen, Gottingen and Berlin, he spent a few years in Italy studying the fine arts, and established himself in 1842 at Giessen as a teacher of philosophy. In 1853 he was appointed professor at the university of Munich, where he lectured mainly on aesthetics. He died in Munich on the 19th of January 1895. An avowed enemy of Ultramontanism, he contributed in no small degree to making the idea of German unity more palatable to the South Germans. Carriere identified himself with the school of the younger Fichte as one who held the theistic view of the world which aimed at reconciling the contradictions between deism and pantheism. Although no obstinate adherent of antiquated forms and prejudices, he firmly upheld the fundamental truths of Christianity. His most important works are: _Aesthetik_ (Leipzig, 1859; 3rd ed., 1885), supplemented by _Die Kunst im Zusammenhang der Kulturentwicklung und der Ideale der Menschheit_ (3rd ed., 1877-1886); _Die philosophische Weltanschauung der Reformationszeit_ (Stuttgart, 1847; 2nd ed., Leipzig, 1886), and _Die sittliche Weltordnung_ (Leipzig, 1877; 2nd ed., 1891), in which he recognized both the immutability of the laws of nature and the freedom of the will. He described his view of the world and life as "real-idealism." His essay on Cromwell (in _Lebensskizzen_, 1890), which may be considered his political confession of faith, also deserves mention. His complete works were published at Leipzig, 14 vols., in 1886-1894.

See S.P.V. Lind in _Zeitschrift f. Philos._ (cvi, 1895, pp. 93-101); W. Christ in _Allgemeine deutsche Biographie_ (1903).

CARRINGTON, CHARLES ROBERT WYNN-CARINGTON, 1ST EARL (1843- ), English statesman, son of the 2nd Baron Carrington (d. 1868), was educated at Eton and Trinity, Cambridge, and sat in the House of Commons as a Liberal for High Wycombe from 1865 till he succeeded to the title in 1868. He was governor of New South Wales 1885-1890, lord chamberlain 1892-1895, and became president of the board of agriculture in 1905, having a seat in the cabinet in Sir H. Campbell-Bannerman's and Mr Asquith's ministries. He was created Earl Carrington and Viscount Wendover in 1895. The Carrington barony was conferred in 1796 on Robert Smith (1752-1838), M.P. for Nottingham, a member of a famous banking family, the title being suggested by one held from 1643 to 1706 in another family of Smith in no way connected. The 2nd baron married as his second wife one of the two daughters of Lord Willoughby de Eresby, and their son, through her, became in 1879 joint hereditary lord great chamberlain of England. The 2nd Baron took the surname of Carrington, afterwards altered to Carington, instead of Smith.

CARRINGTON, RICHARD CHRISTOPHER (1826-1875), English astronomer, son of a brewer at Brentford, was born in London on the 26th of May 1826. Though intended for the Church, his studies and tastes inclined him to astronomy, and with a view to gaining experience in the routine of an observatory he accepted the post of observer in the university of Durham. Finding, however, that there was little chance of obtaining instruments suitable for the work which he wished to undertake, he resigned that appointment and established in 1853 an observatory of his own at Redhill. Here he devoted three years to a survey of the zone of the heavens within 9 degrees of the North Pole, the results of which are contained in his _Redhill Catalogue of 3735 Stars_. But his name is chiefly perpetuated through his investigation of the motions of sun-spots, by which he determined the elements of the sun's rotation and made the important discovery of a systematic drift of the photosphere, causing the rotation-periods of spots to lengthen with increase of solar latitude. He died on the 27th of November 1875.

For further information see _Month. Notices Roy. Astr. Society_, xiv. 13, xviii. 23, 109, xix. 140, 161, xxxvi. 137; _Memoirs Roy. Astr. Soc._, xxvii. 139; _The Times_, Nov. 22 and Dec. 7, 1875; _Roy. Society's Cat. Scient. Papers_, vols. i. and vii.; Introductions to Works.

CARROCCIO; a war chariot drawn by oxen, used by the medieval republics of Italy. It was a rectangular platform on which the standard of the city and an altar were erected; priests held services on the altar before the battle, and the trumpeters beside them encouraged the fighters to the fray. In battle the carroccio was surrounded by the bravest warriors in the army and it served both as a rallying-point and as the palladium of the city's honour; its capture by the enemy was regarded as an irretrievable defeat and humiliation. It was first employed by the Milanese in 1038, and played a great part in the wars of the Lombard league against the emperor Frederick Barbarossa. It was afterwards adopted by other cities, and first appears on a Florentine battlefield in 1228. The Florentine carroccio was usually followed by a smaller car bearing the _martinella_, a bell to ring out military signals. When war was regarded as likely the _martinella_ was attached to the door of the church of Santa Maria in the Mercato Nuovo in Florence and rung to warn both citizens and enemies. In times of peace the carroccio was in the keeping of some great family which had distinguished itself by signal services to the republic.

Accounts of the carroccio will be found in most histories of the Italian republics; see for instance, M. Villani's _Chronache_, vi. 5 (Florence, 1825-1826); P. Villari, _The Two First Centuries of Florentine History_, vol. i. (Engl. transl., London, 1894); Gino Capponi, _Storia della Repubblica di Firenze_, vol. i. (Florence, 1875).

CARRODUS, JOHN TIPLADY (1836-1895), English violinist, was born on the 20th of January 1836, at Keighley, in Yorkshire. He made his first appearance as a violinist at the age of nine, and had the advantage of studying between the ages of twelve and eighteen at Stuttgart, with Wilhelm Bernhard Molique. On his return to England in 1853 Costa got him engagements in the leading orchestras. He was a member of the Covent Garden opera orchestra from 1855, made his debut as a solo player at a concert given on the 22nd of April 1863 by the Musical Society of London, and succeeded Sainton as leader at Covent Garden in 1869. He died at Hampstead on the 13th of July 1895. For many years he had led the Philharmonic orchestra and those of the great provincial festivals. He published two violin solos and a "_Morceau de salon_," and was a very successful teacher.

CARROLL, CHARLES (1737-1832), American political leader, of Irish ancestry, was born at Annapolis, Maryland, on the 19th of September 1737. He was educated abroad in French Jesuit colleges, studied law at Bourges, Paris and London, and in February 1765 returned to Maryland, where an estate known as "Carrollton," in Frederick county, was settled upon him; he always signed his name as "Charles Carroll of Carrollton." Before and during the War of Independence, he was a whig or patriot leader, and as such was naturally a member of the various local and provincial extra-legal bodies--committees of correspondence, committees of observation, council of safety, provincial convention (1774-1776) and constitutional convention (1776). From 1777 until 1800 he was a member of the Maryland senate. In April-June 1776 he, with Samuel Chase and Benjamin Franklin, was a member of the commission fruitlessly sent by the continental congress to Canada for the purpose of persuading the Canadians to join the thirteen revolting colonies. From 1776 to 1779 he sat in the continental congress, rendering important services as a member of the board of war, and signing on the 2nd of August 1776 the Declaration of Independence, though he had not been elected until the day on which that document was adopted. He out-lived all of the other signers. He was a member of the United States Senate from 1789 to 1792. From 1801 until his death, at Baltimore, on the 14th of November 1832, he lived in retirement, his last public act being the formal ceremony of starting the construction of the Baltimore and Ohio railway (July 4, 1828). In politics, after the formation of parties, he was a staunch Federalist. Of unusual ability, high character and great wealth, he exercised a powerful influence, particularly among his co-religionists of the Roman Catholic faith, and he used it to secure the independence of the colonies and to establish a stable central government.

See the _Life_ by Kate Mason Rowland (1898).

CARROLL, JOHN (1735-1815), American Roman Catholic prelate, was born at Upper Marlborough, Prince George's county, Maryland, on the 8th of January 1735, the son of wealthy Catholic parents and a cousin of Charles Carroll "of Carrollton." He was educated at St Omer's in Flanders, becoming a novitiate in the Society of Jesus in 1753, and then at the Jesuit college in Liege, being ordained priest in 1769 and becoming professor of philosophy and theology. In 1771 he became a professed father of the Society of Jesus and professor at Bruges. As tutor to the son of Lord Stourton, he travelled through Europe in 1772-1773. After the papal brief of the 21st of July 1773 suppressed the Society of Jesus, he accompanied its English members then in Flanders to England. In 1774 he returned to America, and set to work at a mission at Rock Creek, Montgomery county, Maryland, where his mother lived. He shared the feeling for independence growing among the American colonists, foreseeing that it would mean greater religious freedom. In 1776, at the request of the continental congress, he accompanied Benjamin Franklin, Charles Carroll and Samuel Chase on their mission to secure the aid or neutrality of the French-Canadians, and though unsuccessful it gained for him the friendship of Franklin. In 1783 he took a prominent part in the petition to Rome to take the control of the American church away from London; and on Franklin's recommendation, Carroll was named prefect apostolic, the American church being recognized as a distinct body in a decree issued by Cardinal Antonelli on the 9th of June 1784. In the summer of 1785 he began his visitations; in 1786 he induced the general chapter to authorize a Catholic seminary (now Georgetown University); and at the same session it was voted that the condition of the church required a bishop, accountable directly to the pope (and not to the Congregation of the Propaganda) and chosen by the American clergy. Consent to this course was given by Antonelli in a letter of the 12th of July 1788. The clergy met at Whitemarsh, Maryland, and Baltimore was adopted as the episcopal seat, Carroll being chosen as bishop; and on the 6th of November 1789 Pius VI. issued a bull to that effect, Carroll being consecrated at Lulworth Castle, England, on the 15th of August 1790.

On his return from England the bishop saw Georgetown College completed (1791), thanks to moneys he had received from English Catholics. His first synod met on the 7th of November 1791; and on the 16th he issued the "Circular on Christian Marriage," which attacked marriage by any save "lawful pastors of our church." In 1795 the Rev. Leonard Neale (1746-1817) was appointed his coadjutor. In 1799, after the death of Washington, Bishop Carroll bade his clergy hold the 22nd of February 1800 as a day of mourning, and on that day delivered in his pro-cathedral a memorial discourse which attracted much attention. Already in 1802 he was pressing for the creation of new sees in his diocese, and the Louisiana Purchase of 1803 gave added weight to this request; in September 1805 the Propaganda made him administrator apostolic of the diocese of New Orleans, to which he appointed John Olivier as vicar general; and in 1808 Pius VII. divided Carroll's great diocese into four sees, Boston, New York, Philadelphia and Bardstown (Kentucky), suffragan to the metropolitanate of Baltimore, of which Carroll actually became archbishop by the assumption of the long delayed _pallium_ on the 18th of August 1811, having consecrated three suffragans in the autumn of 1810. In 1811 ecclesiastical jurisdiction over the Danish and Dutch West Indies was bestowed upon him. Carroll was now an old man, and the shock of the war of 1812, which as a staunch Federalist he had opposed until its actual declaration, together with the action of the Holy See in appointing to the sees of Philadelphia and New York other candidates than those of his recommendation, weighed on his mind. He died in Georgetown on the 3rd of December 1815. He may well be reckoned the greatest figure in the Roman Catholic Church of the United States. His position in the church had never been easy, partly because he had been a prominent member of the Society of Jesus. The great size of his diocese had made it unwieldy; and his struggle to secure the independence of the American church had been a difficult one. As a defender of papal and episcopal authority he had, especially in Philadelphia and Baltimore, to deal with churches whose trustees insisted that they and their parishes alone could choose priests, that bishop or prefect could not object to their choice. Akin to this difficulty was the desire of Catholics of different nationalities to have separate churches, a desire often created or encouraged by intriguing and ambitious priests. Besides these and other internal annoyances, Carroll had to meet the deep-seated distrust of his church in communities settled almost exclusively by Protestants.

See John Gilmary Shea, _History of the Catholic Church in the United States_, vol. ii. (1763-1815), (Akron and New York, 1888); and Daniel Brent, _Biographical Sketch of the Most Rev. John Carroll, First Archbishop of Baltimore, with Select Portions of His Writings_, edited by John Carroll Brent (Baltimore, 1843).

CARRONADE, a piece of ordnance invented, by the application of an old principle of gun construction, to serve as a ship's gun. The inventor was the antiquary General Robert Melville (1728-1809). He designed the piece in 1759, and called it the "smasher," but it was not adopted in the British navy till 1779, and was then known as the "carronade," from the Carron works on the Carron river in Stirlingshire, Scotland, where it was first cast by Mr Gascoigne. The carronade had a powder chamber like many of the earliest guns known, and was similar to a mortar. It was short, light, had a limited range, but was destructive at close quarters. Carronades were added to the existing armaments of guns proper or long guns. A 38-gun frigate carried ten carronades, and was therefore armed with 48 pieces of ordnance. As the official classifications were not changed, they were misleading guides to the real strength of British ships, which always carried more pieces than they were described as carrying. The same remark applies to French and American ships when the use of the carronade extended from the British to other navies.