as far as New Bedford as carrier. If he advertises that he carries parcels to Boston, he is so liable to that place; if only to New York, he is liable as carrier only to New York, and as forwarding merchant at New York, and there his liability ends; and so of all the rest. (The cases on this subject of the obligation of carriers beyond their own route are very numerous; the following may be regarded as among the most important and instructive: Muschamp vs. L. and P. Junction railroad co., 8 Meeson and Welsby, 421; St. John vs. Van Santvoord, 25 Wendell, 660; Fairchild vs. Slocum, 19 Wendell, 329, and 7 Hill, 292; Wilcox vs. Parmelee, 3 Sandford, 610; Farmers' and Mechanics' bank vs. Champlain transportation co., 23 Vermont, 186.) Expressmen now not uncommonly in sert in their bills of lading or receipts which they give their customers a clause to this effect: "This company is responsible only as forwarders, and only for the negligence or other default of persons employed by them; and this is a part of our contract with all whose goods we carry. We must wait, perhaps, for further adjudication before we know certainly the effect of this clause. But applying to it the rules of law as far as they are now settled, we should say that a common carrier may make a valid special bargain with his customer, but that a mere notice or declaration inscribed upon a ticket or bill of lading does not of itself constitute such a notice. FOSCARI, FRANCESCO, 45th doge of Venice, born about 1372, died Oct. 31, 1457. Elected doge in 1423, the whole period in which he governed the republic was one of war and tumult. The sultan Amurath laying siege to Salonica, Foscari despatched troops thither, who repelled the Mussulmans. He then engaged in hostilities with the duke of Milan, Filippo Visconti, and subjected to the republic the territories of Brescia, Bergamo, and Cremona, making the Adda the boundary of Venetian dominion. The war was soon renewed with various success, nearly all the Italian cities taking part in it; but the doge, supported by Cosmo de' Medici and by Francesco Sforza, marquis of Ancona, still further extended his power by a treaty concluded in 1441. In 1443 he formed a league with Sforza, the duke of Milan, and the republics of Genoa, Florence, and Bologna, against Alfonso of Aragon, king of Naples. The pope took part with the latter, but two victories of Sforza put an end to the war. In his old age he had made peace with all the enemies of Venice, including Mohammed II., when Jacopo, the last survivor of his 4 sons, was brought a second time before the terrible council of ten, falsely charged with the assassination of its chief. The tribunal, jealous of the power and popularity of the doge, condemned his son first to torture and then to exile in Crete. The young Foscari, whose mind was disordered by suffering, wishing after long banishment to see his country again at whatever peril, effected his return thither, but being condemned again, had scarcely reached the place of exile when he died. This event is the subject of one of Lord Byron's tragedies. For the old doge one other humiliation remained. He had twice asked leave to resign his office, but the council had obliged him to retain it. He was now deposed, through the machinations of his enemies, and died 3 days after in a spasm as he heard the bells of St. Mark announce to Venice the election of a new ruler. FOSCOLO, NICOLO UGO, an Italian poet and miscellaneous writer, born in the island of Zante, of a Venetian family, in 1777, died at Turnham Green, near London, Oct. 10, 1827. He was educated in Venice, and in the university of Padua. His first tragedy, Tieste, was produced at Venice in 1797, and was so unsatisfactory to the author that he himself published the severest criticism of it that appeared. Expecting the establishment of a republic when the ancient aristocracy of Venice fell by the hands of Napoleon, his hopes were disappointed by the treaty of Campo Formio, which gave up Venice to Austria. He retired with other patriots to Milan, and wrote a political romance called Lettere, di due amanti, afterward republished under the title of Le ultime lettere di Jacopo Ortis. In 1799 he volunteered in the Italian contingent of the French army, took part in the defence of Genoa under Massena, and returned to Milan, where his time was divided between books and pleasure. When in 1802 Napoleon assembled the consulta of Italian deputies at Lyons to provide a new constitution for the Cisalpine republic, Foscolo was appointed to report upon the state of the country; and in an elaborate discourse, so bold that it was deemed unsafe to submit it to the first consul, but which was afterward published under the title of Orazione a Buonaparte, he contrasted the abuses of the military government which had been established with the free government which had been promised. In 1808 he was appointed professor of Italian eloquence in the university of Pavia, but the political independence evinced in his lectures caused his chair to be soon suppressed. At this period he published his beautiful lyric poem I sepolcri, his tragedy of Ajace, and an Italian translation of Sterne's "Sentimental Journey." On the fall of Napoleon he retired to Switzerland, and in 1816 to England. He wrote for the "Edinburgh" and "Quarterly" reviews articles on Dante, Petrarch, Boccaccio, and other Italian authors, delivered a course of lectures on Italian literature, published a volume of "Essays on Petrarch" (1823), and edited an edition of the Divina Commedia of Dante (1825). FOSSANO (anc. Fons Sanus), a city of Piedmont, in the province of Coni, situated on the left bank of the Stura, 13 m. N. E. of Coni, and 37 m. S. E. by railway from Turin; pop. in 1853, 16,041. It is an antique, dismal, but regularly planned town, surrounded by walls, and defended by a strong fortress, which commands the valley of the Stura and the_road into France by the Col d'Argentière. The houses are built upon arches over the footpaths, and the passages in many places are so low that a tall person can hardly walk upright in them. - FOSSIL (Lat. fossilis, dug out of the ground), a term formerly applied to all mineral substances, but now used to designate only the re-parently by a reptile, and were seen as impresmains of organic bodies found in geological formations. The general subject will be treated under the title PALEONTOLOGY, and the more important fossil animals are considered under their respective names. FOSSIL FOOTPRINTS, or ICHNOLITES (Gr. yvos, track, and Ados, stone), impressions of the feet of animals, originally made in clay, sand, or mud, and retained in the shale or sandstone resulting from the petrifaction of these materials. They are met with chiefly in the new red sandstone formation, or in the overlying strata of the lias. In a few instances they have been found in the old red sandstone or upper devonian, both in this country and in Europe. The tracks are of extinct genera of animals, and frequently of forms so strange that there is some uncertainty in referring them to their appropriate order or even class in the animal kingdom; and it is indeed a question as to some of them whether they belong to the invertebrate crustacea, or to the mammalia of the higher division of vertebrata. Many are unmistakably the tracks of reptiles; some are of batrachians, others probably of marsupials, and others of birds; while the place of many cannot be positively determined in the last 3 represented classes. The tracks vary in size from gigantic impressions 20 inches in length by 13 to 15 in breadth, supposed to belong to monster batrachians, to minute marks, which resemble those made by small isopod crustaceans, or those of the sow-bug group. They follow each other in lines over the surface of the strata, and as the slabs are split open the depressions are found to extend through many layers, precisely as is seen in tough foliated clay when the foot of an animal sinking in disarranges and permanently compresses its folia.-Public attention was first directed to these fossils by the Rev. Dr. Duncan of Scotland, in his paper, accompanied with drawings, presented to the royal society of Edinburgh in 1828. In this he described the tracks found in great abundance in two quarries of new red sandstone in Dumfriesshire, appearing on the successive layers of the rock throughout a thickness of at least 45 feet. He inferred from the repetition of their occurrence, that during the deposition of the sand of which the rock was composed the impressions were made, filled in, and buried up; and as the newer layers were similarly impress ed, they too were covered in their turn. He observed one line of tracks extending from 20 to 30 feet. Dr. Buckland regarded them as the tracks of land tortoises. In the "Geological Proceedings" for March, 1831, is a description, by Mr. Scrope, of impressions of footsteps resembling those of crabs seen upon the surface of calcareous tilestones of the lower oolite in Wilts and Gloucestershire. In the same formation (the forest marble) were found fossil remains of crabs. The next discovery of fossil tracks was near Hildburghausen, Saxe-Meiningen, in 1834, in the member of the new red sandstone called bunter Sandstein. They were made apsions upon the upper surface, and in relief on the under side of the slabs; one measured 12 inches in length; others were 8 inches long and 5 broad. A little in front of each large track was a smaller one, and the footsteps were seen following each other in pairs, the intervals between two pairs being about 14 inches. Five toes were imprinted in each track, the great toes appearing alternately on one and the other side. The animal was named cheirotherium by Prof. Kaup, from the resemblance in the form of the track to that of the hand. Similar impressions were afterward found in a rock of corresponding age near Liverpool, England. In studying the fossil remains of reptiles that had been found in this division of the new red sandstone in Germany and in England, Prof. Owen was convinced that instead of saurians, to which they had been referred, they belonged to the batrachian order, and were the remains of frogs of gigantic size. Further investigations resulted in the opinion that these were the animals that made the tracks. Some features in the fossil bones induced other distinguished anatomists to regard them as belonging to crocodiles, and by others again they are referred to the marsupialia.-Fossil tracks had been found in the sandstone of the valley of the Connecticut at South Hadley, Mass., as far back as the year 1802, which resembled so closely those of birds, that they were familiarly spoken of as the tracks of "poultry" and of "Noah's raven." They attracted, however, no attention beyond the immediate vicinity where they were found. In 1835 others of similar character were observed in the flagstones at Greenfield, Mass., which were brought from the neighboring town of Montague. These tracks were so clear and well defined, that they commanded the attention of those employed about them, and one of the laborers at least was induced by the singularity of the phenomenon, like Hugh Miller while observing the fossils in the red sandstone he quarried, to become a faithful student and zealous collector in this department of geology. (See the letter of Dexter Marsh to the editor of the "American Journal of Science," vol. vi. new series, p. 272.) Among others, Dr. James Deane of Greenfield became interested in these tracks, and in March, 1835, addressed a communication to Prof. Hitchcock, state geologist, in which he represented them as the tracks of birds, as he supposed, "of the turkey species;" and in a second letter, against Prof. Hitchcock's declaration in reply, "that they could not be the result of organization," he maintained his conclusion that they were the tracks of birds. He then caused casts to be made of some of the specimens, which he sent in April with a third communication to Prof. Hitchcock, and another also to Prof. Sil liman, editor of the "American Journal of Sci- gists by the publications of Prof. Hitchcock, was ence," the latter intended for publication. By brought prominently before the geological sociadvice of Prof. Hitchcock, this disposition was ety of London in 1842 by Dr. Mantell, who prenot made of the communication for the "Jour- sented a communication accompanied with specinal," on the ground that he himself would be mens which he had received from Dr. Deane. able to give in a few months a more full and These served to remove the scepticism entersatisfactory paper. During the ensuing summer tained by the eminent geologists and paleontolProf. Hitchcock occupied himself assiduously in ogists of Great Britain upon the nature of the investigating this subject, and near the close of tracks, admitting which to be of birds estabthe year he prepared the paper which appeared lished an earlier date for the introduction of in the number of the "Journal" for Jan. 1836. these bipeds "than was authorized by any vesIn this he compared the tracks with those of tiges heretofore discovered, and the thanks of living birds, giving illustrations of the recent as the society were warmly and unanimously exwell as fossil, and advocated the opinion that pressed for so valuable a communication." Oththe tracks were made by extinct species of birds, er communications from Dr. Deane appeared and that these were for the most part of the or- with illustrations in the "Transactions of the der of gralla or long-legged waders. He found American Academy of Arts and Sciences" (vol. them in 3 varieties of the sandstone which oc- iv., 1849), and in the "Journal of the Academy cur irregularly interstratified-a reddish shale, of Natural Sciences" (March, 1856); and at the or a fine micaceous sandstone passing into shale; time of his death in 1858 a memoir illustrated a gray micaceous sandstone; and a very hard with 70 beautifully executed figures was presandstone, not fissile, but very brittle, compos- sented to the Smithsonian institution. In 1858 ed of clay and sand. The beds attain in some the legislature of Massachusetts published an places a thickness of more than 1,000 feet, the elaborate report by Prof. Hitchcock "On the tracks occurring at intervals throughout the se- Sandstone of the Connecticut Valley, especially ries. He ascertained their occurrence near the its Fossil Footmarks," constituting a quarto volConnecticut river in 5 places within a distance ume of 232 pages with 60 plates, illustrating 119 of 30 miles, and anticipated that many other lo- species of animals known only by their fossil calities would be discovered along the range of footprints found in this sandstone. The followthe sandstone of the Connecticut valley within ing table, found on p. 174 of the report, presents and beyond the limits named. The dip of the a general view of the results arrived at by Prof. strata containing the tracks varied from 5° to Hitchcock as respects the area over which the 30°; but the impressions were evidently made tracks are found, their number, and their diswhile their surface was level. Their occurrence tribution in the animal kingdom according to through so great a thickness of strata could only the arrangement of the author: be accounted for on the supposition that the surface was subsiding during the time of the deposition of the rock. Single tracks were frequently traced in regular succession, turning alternately to one and the other side, as birds sometimes walk; and the surface of some of the layers was found to be trodden thickly over, as is seen in muddy spots resorted to by ducks and geese. Prof. Hitchcock described 7 species of tracks, which he called ornithichnites, one which he figured measuring full 16 inches in length and 10 in width, and recurring at intervals of 4 to 6 feet along the surface of the rock, which distances were thus the measure of the strides of the animal. His views, however, as he afterward remarked, were not adopted by scientific men, with a few eminent exceptions. The novelty of the subject, and the discovery of new localities and new forms of the tracks, kept alive a strong interest in the investigations which continued to be prosecuted by Prof. Hitchcock, Dr. Deane, Mr. Marsh, Mr. William C. Redfield, and others, whose observations were recorded chiefly in the "American Journal of Science." In 1840 the American association of geologists and naturalists appointed a committee to investigate the nature of the tracks, and this committee at the next annual meeting reported "that the evidence entirely favors the views of Prof. Hitchcock." The subject, alrea dy introduced to the notice of European geolo Number of localities of tracks in the valley thus far Length of the sandstone belt containing tracks (miles) Ornithoid lizards or batrachians. Fishes.. Batrachians, the frog and salamander family. $3 90 2 or 8 119 31 55 18 12 5 14 17 10 17 11 S 4 18 8 Among the most remarkable of these are some of the huge tracks supposed to belong to batrachians, the dimensions of one of which have been already given. This animal (otozoum Moodii), though allied to the frogs and to the salamanders, must have been like an elephant in size and weight. The bottom of the hind foot appears to have been furnished with a web, which extended beyond its margin and connected together the 4 toes, and, though compared by Prof. Hitchcock to a snow shoe, did not prevent the animal's sinking to the depth of 2 inches at least into the mud. For a long time no trace of more than the 2 hind feet was found; but finally unmistakable tracks of the fore feet were discovered, provided with 5 toes each, and not more than as large as the hind feet. The tracks are very abundant in South Hadley, and one immense slab, too large to be removed, lies by the side of the public road, presenting on its upper surface 10 or more great impressions of the hind feet of the animal. A view of this locality and slab is given in the frontispiece of the work. The track of the brontozoum giganteum, one of the thicktoed birds, is very common in South Hadley, also above Turner's falls, near Greenfield, and at other localities. It was originally described by the name of ornithichnita giganteus, and was figured in Buckland's "Bridgewater Treatise." The animal was probably several times larger than any ostrich. One of its tracks will hold a gallon of water. The dinornis of New Zealand is among birds the only one whose bones indicate an approach to such a size. Many tracks formerly supposed to have been made by birds are now referred to the group designated as ornithoid lizards or batrachians. This also includes some enormous specimens, as those comprised in the new genus gigantitherium. No trace being found of more than 2 feet, and these having 3 toes like those of birds, the animal was naturally supposed to belong to the ornithic tribe; but the discovery of a trace of a long tail in the line of the tracks, similar to that made by living reptiles, gives a batrachian character to the vestiges, which has induced Prof. Hitchcock to form this new mixed group. In the species G. caudatum the whole length of the foot, from the extremity of the middle toe to the end of the heel, is 17.5 inches, and the whole area covered is about a square foot. From the remarkable rectilinear arrangement of the tracks there is some ground for supposing that the animal may have had 2 other feet, with the power of walking on the 2 hind feet alone or on all four. The reference of some of these tracks to the movement of fishes, either upon the surface of the land, as some kinds are known to have the power of progressing, or by swimming close to the soft bottom, is made with hesitation by Prof. Hitchcock. One set of marks, however, cutting the summits only of the little ridges left by the ripples, so strongly suggests this origin, that a genus has been introduced under the name of ptilichnus, from πτiλov, fin or feather, and xvos, track. The tracks referred to insects are necessarily of very obscure character; some of them are so minute as not to exceed of an inch in length. It is only by reason of their continuity in long parallel rows that they attract notice. Those supposed to be made by worms much resemble the tracks of similar creatures seen upon the mud on the shores of ponds after rains. It is remarkable that very few bones or coprolites have been found among the tracks. As to the bones, their absence may be owing to their being devoured or washed away with other vestiges by the ebb tides to other localities, or they may have been dissolved by water. Those discovered were not in the immediate vicinity of the localities that abound in tracks, though not many miles off; and although occurring in the same geological group with the tracks, the strata were evidently somewhat more recent by reason of their higher position in the series. One locality of them was at East Windsor, Conn., and another in the grounds of the Springfield armory in Massachusetts. Professor Jeffries Wyman regards them as unquestionably the bones of a reptile, but having the remarkable feature of hollowness of structure. Coprolites have been discovered at Chicopee Falls and at Turner's falls. Dr. Samuel L. Dana, on analyzing those from the former locality, detected uric acid in about the same proportion that is found in some varieties of guano. This, considered in connection with the other ingredients, led him to the conclusion that the coprolite was that of a "bird belonging to the class which has deposited the beds of guano." ("American Journal of Science," vol. xlviii. p. 60.) Impressions of raindrops, exactly like those made in soft mud during heavy showers, are very abundant over the surface of many of the slabs containing the footprints; and furrows are also frequently noticed like those left by the waves upon the sand, which are now universally recognized, even upon the strata of much older formations, and described as ripple marks.-The numerous specimens of tracks collected in the valley of the Connecticut are for the most part to be found in the cabinets of Amherst and Yale colleges, the Wesleyan university, the Boston society of natural history, and in the private collection made by Dr. John C. Warren of Boston. The trustees of the will of the Hon. Samuel Appleton of Boston appropriated $10,000 to be expended for Amherst college in the erection of a suitable building for a scientific collection. This, called the Appleton cabinet, was furnished, through the liberality of others, with sufficient funds to secure a large collection of these specimens, President Hitchcock himself contributing a series of them, valued at $2,000. The lower story of the building, 100 feet long and 30 wide, is exclusively appropriated to their arrangement, and is nearly filled with them. Some of the largest slabs are 30 feet long, and others are from 8 to 10 feet square, weighing nearly a ton each. They are generally arranged on their edges upon strong tables, and so placed that both surfaces are exposed to view, one side presenting the footprint depressed and the other in relief. The whole number of individual tracks exceeds 8,000.-Other discoveries of fossil footprints followed those made in the Connecticut valley. Mr. William C. Redfield in 1842 found one in the New Jersey red sandstone at Boonton, presenting 3 thick toes furnished with claws or nails; the track measured 6 inches in length by 84 in breadth. Mr. Logan about the same time discovered what appeared to Prof. Owen to be reptilian tracks in the strata of the coal formation in Nova Scotia, the first indication of an airbreathing animal so low in the series of formations. This was followed in 1844 by a descrip tion of numerous tracks met with at several places in Westmoreland co., Penn., by Dr. Alfred T. King. The strata which contained them were sandstones of the coal formation. The impressions were remarkably distinct, some being apparently of a biped with 3 toes, and others of quadrupeds having 5 toes, some upon all their feet, and others upon the hind feet alone, with 4 toes upon the fore feet. These vestiges were evidently reptilian, and produced by creatures of kindred structure to the cheirotherium of Europe. The paper of Dr. King appeared in the "Proceedings of the Academy of Natural Sciences of Philadelphia " for Nov. and Dec. 1844, and in the "American Journal of Science," vol. xlviii. p. 343. In 1849 Mr. Isaac Lea of Philadelphia announced the occurrence of footprints of a large reptile at Pottsville, Penn., in the red shale formation which underlies the coal measures; and in 1851 Prof. H. D. Rogers discovered in the same formation other tracks of 4-footed animals, with 5 toes on all their feet. In 1850 tracks of a reptile, supposed to be a chelonian, were observed in the old red sandstone at Cummingstone, England. Mr. Logan in 1852 found tracks of an animal in the Potsdam sandstone of Canada, which are supposed by Prof. Owen to have been made by more than one species of articulate animals, probably allied to the king crab or limulus. Prof. James Hall, in the "Report on the Paleontology of New York," vol. ii., describes tracks of gasteropoda, crustacea, &c., which are met with in the strata of the Clinton group. FOSTER, JAMES, an English dissenting min ister, born in Exeter, Sept. 16, 1697, died Nov. 5, 1753. He was educated in his native city, began to preach in 1718, and after removing from Devonshire to Melbourne, and thence to Ashwick, succeeded Dr. Gale as pastor in Barbican, London, in 1724. He subsequently became lecturer at the Old Jewry, and in 1744 minister at Pinner's hall. His reputation for eloquence was such that persons of every rank, wits, free thinkers, and clergymen of different persuasions, flocked to hear him. Pope sang his praise: Let modest Foster, if he will, excel Ten metropolitans in preaching well; and Savage ascribed to him alone the art "at once to charm the ear and mend the heart." Bolingbroke erroneously attributed to him the saying: "Where mystery begins, religion ends." Beside many sermons, he published an "Essay on Fundamentals, especially the Trinity" (1720); "Defence of the Usefulness, Truth, and Excellency of the Christian_Religion" (1731); and "Discourses on the Principal Branches of Natural Religion and Social Virtue" (London, 1749-'52). FOSTER, JOHN, an English essayist, born in Halifax, Yorkshire, Sept. 17, 1770, died at Stapleton, near Bristol, Oct. 15, 1843. In early life he was engaged in the business of a weaver, to which, however, as to all manual labor, he had an invincible dislike; and at the age of 17, hav ing united with the Baptist church, he resolved to devote himself to the ministry, and finished his studies at the Baptist college in Bristol. He commenced his career as a preacher at Newcastle-on-Tyne in 1792, and afterward went to Dublin, and endeavored unsuccessfully to establish himself either as a preacher or schoolmaster. In 1797 he went to a Baptist chapel in Chichester, and thence successively to Downend in 1800, and to Frome in 1804; but though his preaching was powerful, it made little or no impression on the popular mind. While at Frome he first published his celebrated "Essays," and also became the principal contributor to the "Eclectic Review," the articles for which (185 in number) formed his almost exclusive literary labor for 13 years. In 1817 he returned to Downend, where he wrote his "Essay on the Evils of Popular Ignorance," in which he gives an appalling description of the barbarism prevailing in the lower classes of the English population,—a spectacle which he calls "a gloomy monotony; death without his dance." His health failing, he then employed himself chiefly in preparing works for the press, though preaching at intervals until his death. He was a profound thinker and a powerful writer. The "Life and Correspondence" of Foster (2 vols. 8vo.), edited by J. E. Ryland, was published in 1846. His "Historical and Biographical Essays" appeared in London in 1859 in 2 vols. FOSTER, RANDOLPH S., D.D., an American Methodist clergyman, born in Williamsburg, Ohio, Feb. 22, 1820. He received his education at Augusta college, Ky., entered the ministry at the age of 17, and was received into the Ohio conference, and appointed to travel a circuit in the mountain region of western Virginia. While stationed in Cincinnati in 1848 he wrote a series of letters entitled "Objections to Calvinism." In 1853 he received the honorary degree of D.D. from the Ohio Wesleyan university. In 1854 he published a work entitled "Christian Purity;" in 1855 another entitled the "Ministry for the Times." In 1856 he was elected president of the North-Western university at Evanston, Ill., a post he still holds. FOTHERINGAY, a parish and village of Northamptonshire, England, on the river Nene, 27 m. N. E. of Northampton. Its famous castle, the birthplace of Richard III., and the scene of the imprisonment, trial, and execution of Mary, queen of Scots, was founded in the reign of the Conqueror, and pulled down by James I. soon after his accession to the English throne. The village contains a handsome church, in which were buried Edward and Richard, dukes of York, the former slain at Agincourt and the latter at Wakefield. FOUCAULT, LEON, a French natural philosopher, born in Paris, Sept. 18, 1819. While studying medicine he was deeply impressed by the discoveries of Daguerre, and turned his attention exclusively to optics. He rapidly acquired proficiency in this branch of natural philosophy, and in 1844 he invented an illumi |