Sp. Char. Second quill longest; third and fourth but little shorter; fifth a little less; first intermediate between fifth and sixth. Tail even. Above olive-brown, darker on the head, becoming paler on the rump and upper tail-coverts. The middle of the back most strongly olivaceous. The nape (in some individuals) and sides of the head tinged with ash. A ring round the eye and some of the loral feathers white; the chin and throat white. The sides of the throat and across the breast dull ash, the color on the latter sometimes nearly obsolete; sides of the breast similar to the back, but of a lighter tint; middle of the belly very pale yellowish-white, turning to pale sulphur-yellow on the sides of the belly, abdomen, and lower tail-coverts. Wings brown; two narrow white bands on the wing, formed by the tips of the first and second coverts, succeeded by one of brown. The edge of the first primary, and of the secondaries and tertials, white. Tail rather lighter brown, edged externally like the back. Feathers narrow, not acuminate, with the ends rather blunt. In autumn the white parts are strongly tinged with yellow. Length, about 5.00; wing, 2.65; tail, 2.50. Young with ochraceous, instead of grayish-white wing-bands.

Hab. Eastern United States to Missouri Plains; Mirador; Orizaba; Belize. Localities: Oaxaca (Scl. 1859, 384); Guatemala (Scl. Ibis, I, 122); Orizaba (Scl. Ibis, I, 441, and Mus. S. I.); Coban, Escuintla, Dueñas (Scl. Catal. 1862, 229); San Antonio, Texas (Dresser, Ibis, 1865, 474, common, summer).

Habits. The distinctness of this species from the acadica, with which it had been previously confused, was first pointed out by the Messrs. Baird in 1843, but it was some time before the complete differences between the two species and their distinctive habits and distribution were fully appreciated and known. This species, one of the commonest birds in the State of Massachusetts, where the E. acadica is nearly or quite unknown, was supposed by Mr. Nuttall to be the latter species, and under that name is treated and its history given. Wilson contributed to cause this error. For although his account of the acadica is in part correct, it is not wholly free from error, and probably the nest and eggs described as belonging to the latter were those of the minima. The discovery, by Professor Baird, of the nest and eggs of the acadica, and their marked difference in all respects from those of the minima, which had hitherto been attributed to it, at once pointed out the errors that had prevailed, and permitted the real facts to be appreciated.

This bird is an abundant species throughout Eastern North America, occurring as a migrant in all the States between the Atlantic and the Great Plains, and breeding from the 40th parallel northward over an extent not fully defined, but probably to within the Arctic Circle. It occurs in great numbers from Maine to Nebraska, and, unlike all the other species of this genus, is not shy

or retiring, but frequents the open grounds, visits gardens, is found in the vicinity of dwellings, and breeds even in the vines that half conceal their windows and doors.

This Flycatcher reaches Washington, according to Dr. Coues, the last of April, and remains about two weeks. It returns in autumn the third week in August, and remains till the last of September. It is only a spring and autumnal visitant, none breeding, and is rather common. It frequents the margins of small streams and brooks.

I am not aware that the nest of this species has ever been procured farther south than New York City, yet it is given by Mr. Dresser as having been found common by him, through the summer, near San Antonio. It is not, however, mentioned by Dr. Woodhouse, nor by the Mexican Survey, nor was it met with by Sumichrast in Vera Cruz. It is cited by Dr. Coues as only a migrant in South Carolina. Near Philadelphia Mr. Turnbull gives it as a somewhat rare migrant, passing north in April and returning in September, but adds that a few remain to breed. I did not find it breeding in the vicinity of Newark, nor, among a very extensive collection of nests and eggs made in that neighborhood, were there any eggs of this species. It is mentioned by Mr. Boardman as occurring at Calais, and in the western part of the State Mr. Verrill found it a very common summer visitant, arriving there about the middle of May and breeding there in numbers. It is also an exceedingly frequent summer visitant at Hamilton, Canada West, according to Mr. McIlwraith. It is found during the winter months near Oaxaca, Mexico, according to Mr. Boucard, and has been met with throughout Mexico and south to Guatemala.

In Massachusetts this Flycatcher is one of the most abundant and familiar species, arriving from about the 20th of April to the 1st of May. It is found most frequently in orchards, gardens, and open grounds, and very largely on the edges of woods, remaining until October. They are much addicted to particular localities, and return to the same spot year after year, if undisturbed. A pair that had established their hunting-grounds in an open area north of a dwelling in Roxbury returned to the same spot for several successive years, and would come regularly to the piazza of the house, where bits of cotton were exposed for the benefit of such of the whole feathered tribe as chose to avail themselves of it. Each year they drew nearer and nearer the house, until at last the nest was made in a clump of honeysuckle on the corner of the piazza, from which they would sally forth in quest of insects, entirely unmindful of the near presence of the family. I never observed the quarrelsome disposition that Nuttall speaks of, nor have I ever seen them molest other birds, even when the summer Yellow-Birds and the Chipping Sparrows have nested in the same clump. They are very silent birds, having no song and no other cry or note than a very feeble, guttural utterance, given out either as a single sound or as a succession of twitters. Their nest is a very common receptacle for the eggs of the Cow Blackbird.

This species was found breeding at Fort Resolution, latitude 62°, by Mr. Kennicott, the nest being in an alder-bush, and about five feet from the ground. It was also found nesting in the same locality by Mr. Ross and by Mr. Lockhart. Its nest was found at Lake Manitobah by Mr. McTavish, and at Fort Simpson by Mr. Ross.

This species has been gradually undergoing certain modifications of habits and manners in consequence of its contact with civilization and becoming familiarized to the society of man. In nothing is this made more apparent than in the construction of its nests. Those made on the edge of woodlands or in remote orchards are wrought almost entirely of fine deciduous bark, hempen fibres of vegetables, feathers, dried fragments of insect cocoons, and other miscellaneous substances felted and impacted together; within this is a lining of fine strips of vegetable bark, woody fibres, fine lichens, and soft downy feathers. In some the lining is exclusively of fine pine leaves, in others with the seeds or pappus of compositaceous plants. The nests are always quite small, rarely measuring more than three inches in diameter or two in height. Those made in the vicinity of dwellings indicate their neighborhood by the variety of miscellaneous and convenient materials, such as bits of paper, rags, cotton, wool, and the larger and more conspicuous feathers of the poultry-yard. Where raw cotton was abundantly provided, I have known this material, strengthened with a few straws and woody fibres, with a lining of feathers, constitute the whole substance of the nest.