One nest, constructed in a thick tamarack swamp in Wisconsin, is composed of a dense, impacted mass of a dirty white vegetable wool, intertwined at the base with shreds of bark, vegetable stems, and small black roots. The inner rim and frame of the nest are made of black, shining rootlets, intermingled with slender leaves and stems of dry sedges, and lined with the pappus of a small composite plant and a few feathers.

The eggs of this species are pure white, never, so far as I am aware, spotted, of a rounded-oval shape, nearly equally obtuse at either end, and measuring about .60 of an inch in length by .50 in breadth.

Empidonax acadicus, Baird.

SMALL GREEN-CRESTED FLYCATCHER.

? Muscicapa acadica, Gmelin, Syst. Nat. I, 1788, 947.—Latham, Index Orn. II, 1790, 489.—Vieillot, Ois. Am. Sept. I, 1807, 71 (from Latham).—Aud. Orn. Biog. II, 1834, 256; V, 1839, 429, pl. cxliv.—Ib. Birds Am. I, 1840, 221, pl. lxii.—Nuttall, Man. I, 1832, 208.—Giraud, Birds L. Island, 1844, 40. Muscicapa querula, Wilson, Am. Orn. II, 1810, 77, pl. xiii, f. 3 (not of Vieillot). “Platyrhynchus virescens, Vieillot.” Tyrannula acadica, Richardson, ? Bon. List, Tyrannus acadica, Nuttall, Man. I, (2d ed.,) 1840, 320. Empidonax acadicus, Baird, Birds N. Am. 1858, 197.—Sclater, Catal. 1862, 229.—Samuels, 143.

Sp. Char. The second and third quills are longest, and about equal; the fourth a little shorter; the first about equal to the fifth, and about .35 less than the longest. Tail even.

The upper parts, with sides of the head and neck, olive-green; the crown very little if any darker. A yellowish-white ring round the eye. The sides of the body under the wings like the back, but fainter olive; a tinge of the same across the breast; the chin, throat, and middle of the belly white; the abdomen, lower tail and wing coverts, and sides of the body not covered by the wings, pale greenish-yellow. Edges of the first primary, secondaries, and tertials margined with dull yellowish-white, most broadly on the latter. Two transverse bands of pale yellowish (sometimes with an ochrey tinge) across the wings, formed by the tips of the secondary and primary coverts, succeeded by a brown one. Tail light brown, margined externally like the back. Upper mandible light brown above; pale yellow beneath. In autumn the lower parts are more yellow. Length, 5.65; wing, 3.00; tail, 2.75. Young (60,892 Mt. Carmel, Ill., August 11, 1870; R. Ridgway.) Whole upper surface with indistinct transverse bars of pale ochraceous; wing-markings light ochraceous.

Hab. Eastern United States to the Mississippi; Yucatan. Localities: Cuba (Lawr. VII, 1860, 265; Gundl. Rept. 1865, 240); San Antonio, Texas, summer (Dresser, Ibis, 1865, 475).

This species is very similar to E. trailli, but the upper parts are of a brighter and more uniform olive-green, much like that of Vireo olivaceus. The feathers of the crown lack the darker centre. There is less of the olivaceous-ash across the breast. The bands across the wing are light yellowish, instead of grayish-olive. There is much more yellow at the base of the lesser quills. The wings are longer, both proportionally and absolutely. The primaries exceed the secondaries by nearly an inch, instead of by only about .70; the proportions of the quills are much the same.

Habits. This species belongs to Eastern North America, but its distribution north and east is not determined with entire certainty. I have never met with or received any evidence of its breeding northeast of Philadelphia. Nuttall’s account of this bird so blends what he had ascertained in regard to the habits of a different species with what he derived from other writers, that his whole sketch must be passed as unreliable. It is shy and retiring in its habits, frequenting only lonely places, and would readily escape notice, so that its presence in New Jersey, New York, and even New England, may not be uncommon, although we do not know it. Mr. Lawrence mentions its occurring in the vicinity of New York City; but I can find no evidence whatever that a single specimen of this bird has ever been procured in any part of New England, except Mr. Allen’s mention of finding it near Springfield. That it is found in the immediate neighborhood of Philadelphia I have positive evidence, having received its nest and eggs, found in West Philadelphia. Mr. Turnbull gives it as of frequent occurrence from the beginning of May to the middle of September. He generally met with it in the most secluded parts of woods. Mr. McIlwraith calls it a rare summer resident near Hamilton, Canada West.