Sunday, 12 October 2014

A visit of 'The Hindu' family to Allahabad

My aunt, Mrs. Saroj Mukherji, now 83 years old, who lives in Calcutta, is the only surviving child of my grandfather, Dr. K.N.Katju ( who had 6 children, my father, born in 1910 being the eldest, and Saroj Bua, as I call her, being the youngest, born in 1931). Saroj Bua is here in Delhi these days and is staying with me. 

She told me the following story :

In 1942 or so, ( which is before I was born in 1946 ), during the Kumbh Mela, which is held every 12 years at Allahabad ( Prayag), some family members of the proprietors of 'The Hindu' newspaper ( the Kasturi family) came from Madras to Allahabad to bathe in the Sangam. They did not want to stay in a hotel, and so my grandfather, who was known to them, asked them to stay in our house at Edmonstone Road ( now Tashkent Marg).

 There were two ladies in the family, one of whom could speak English, but neither of them could speak Hindi. They were very orthodox, and insisted that they have a separate kitchen, where they would cook their own food, probably because they had learnt that Kashmiri Pandits are non vegetarians. So a separate kitchen was arranged for them, where their food was cooked by a cook whom they had brought with them from Madras The cook could write a few words in English, and would write his requirements ( of vegetables, etc) on a chit of paper, and would hand it over to people in my house. They ate their food on plantain leaves. They had brought their own rice with them, and refused to use the basmati rice in our house, since they said that they ate par rice or half boiled rice, i.e. rice which had been boiled when its husk had not been removed ( and boiled again later ). They wore silk saris, with gold belts. Once they invited my family members to eat with them. While they cooked their own food in their separate kitchen, they would join the ladies in my family in cutting the vegetables

 They stayed in our house for a few days, and every morning they went to bathe in the Sangam, my grandfather having arranged for their travel by car to the Sangam, which is about 5 or 6 kms. from our house.

 I have sent an email to Mr. Ram, former Editor in Chief of 'The Hindu', and Mr. Ravi, the present Editor in Chief, asking them to find out who were his family members who had come to Allahabad in 1942 during the Kumbh Mela. It would be an interesting matter for research.

 My grandmother, Mrs. K.N. Katju, ( who died in 1944), once stayed for a month in Chennai, in a rented house arranged by the Kastoori family, and bought jewelry from a shop called Suraj Bhan. I wonder whether the shop still exists.

Corruption in Judiciary

There was a senior District Judge in U.P. who had a very great reputation about his integrity. An Allahabad High Court Judge, who was a friend of mine, and the Administrative (Portfolio) Judge of that District Judge,had given him an adverse entry. I spoke to that High Court Judge ( myself being a Judge of the High Court at that time ), and said that the District Judge was regarded by everyone as a man of very high integrity, and the adverse entry would preclude his chance of becoming a High Court Judge. My friend admitted that he had made a mistake in awarding the adverse entry. I then said that since he admitted making a mistake, he should rectify the mistake, which he thereupon did by expunging the adverse entry. The District Judge then became a High Court Judge.

When I became the Acting Chief Justice of Allahabad High Court in August 2004, that District Judge who had become a High Court Judge because of me, had only a few months to retire. He was at that time hearing bail matters, and I received several complaints that he was taking money in deciding bail matters.

 I called him one day to my chamber and said that he had had a great reputation for his integrity, and that is why I had helped him becoming a High Court Judge, but he was letting me down. I told him that several complaints were coming to me about him. When all his life he had maintained high standards of honesty, why was he destroying his reputation at the fag end of his career ?

He was silent on hearing me. I removed him from the bail jurisdiction and posted him in a bench with a senior Judge of high integrity, so that he could not do any more wrong.

There have been some( though very few ) High Court Judges whom I got recommended for Judgeship, who later turned out to be corrupt. I admitted later that I was responsible for their elevation, and so could be blamed for that, but I never knew at the time when I got them recommended that they would turn out to be corrupt. As lawyers they had a good reputation, and that is why i got them recommended. How could I predict that they would let me down ?

Saturday, 11 October 2014

Our Attitude towards the British

Our attitude to the British and Churchill should be twofold.

We should condemn what the British and Churchill imperialists did to India and indians ( about which I have already written in my earlier posts on facebook and on my blog justicekatju.blogspot.in ). While India was broadly a prosperous country before the battles of Plassey ( 1757) and Buxar ( 1764), enjoying over 30% of the world's trade, she became a poor country by the time they left in 1947, with our massive handicraft industry, which supplied textiles and other products to much of the known world, totally smashed,and vast number of our people reduced to destitution, beggary, crime ( to fill their stomachs ) and starvation, and having only 2-3% of the world's trade.

 On the other hand, we must also admire the British people of the 17th and 18th centuries for their struggles against royal despotism and for democracy. We are full of admiration of Pym, Hampden, Milton, Cromwell, John Locke, Thomas Paine, John Wilkes, Thomas Erskine,etc.

 Similarly, while we must condemn Churchill for his attitude towards indians, we must admire him for his leadership of the British people in the fight against the Nazis at a time when England was alone in this fight.
 I have many British friends. Surely they cannot be blamed for the wrongs done by their ancestors, just as the Germans of today cannot be blamed for the crimes of the Nazis

Friday, 10 October 2014

Launch of the International Edition of the Encyclopedia of Hinduism

Going to this function today at  6 p.m. Below is the invitation

Official Launch of the International Edition of the Encyclopedia of Hinduism on 10th October from 6:00 pm at the Vigyan Bhavan, New Delhi
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Jai Bharat! Jai Gange!

It is so wonderful that you are coming to Delhi soon. We write to you today to cordially and warmly invite you to the Official Launch of the International Edition of the Encyclopedia of Hinduism by the hands of Shri M. Hamid Ansariji, Hon'ble Vice President of India,  Mananiya Dr. Mohan Bhagawatji, Hon'ble RSS Sarsanghachalak, and revered interfaith leaders as well as hon'ble ministers and eminent dignitaries. Details below:

Date: October 10, 2014
Time: High Tea - 6 pm;  Launch: Sharp 7:00 pm
Location: Vigyan Bhavan, New Delhi

It will be a beautiful and historic moment that we want to share with you and we sincerely hope you will be able to join us for this special occasion.

On the 23rd of June we had the official Presentation Ceremony of the Encyclopedia to His Excellency Shri Pranab Mukherjeeji by HH Pujya Swami Chidanand Saraswatiji (Pujya Swamiji), one of India’s most revered spiritual leaders as well as the Founder/Chairman of India Heritage Research Foundation.

The Encyclopedia is scheduled to be launched in London by the Hon'ble  Prime Minister of Great Britain David Cameron on the 27th Oct.

The Encyclopedia is a project of India Heritage Research Foundation, founded, guided and led by Pujya Swamiji,  President of Parmarth Niketan, Rishikesh, the Encyclopedia of Hinduism is a colossal product of more than 1000 esteemed scholars from around the world, totaling 11-volumes and approximately 7000 entries.

It has been nearly twenty-five years in the making and it is the first time in history that the depth and breadth of India's great spiritual culture is made available in authentic, academic and scholastic form.   It is truly a compendium of thousands of  years of history, science, art, architecture, polity, religion, philosophy and culture. Further, the Encyclopedia is not limited to Hinduism as a religion, but rather provides thorough treatment of all of India’s indigenous faiths, including Sikhism, Jainism and Buddhism, as well as coverage of the role of the Abrahamic faiths (Islam, Christianity and Judaism) in the culture, civilization, history and history of India.

Please bring a print out of the invitation card attached and be sure to RSVP as soon as possible to ehlaunch@ihrf.com so that you can receive your registration code, which will be required for entry into the Vigyan Bhawan. In your email, please  be sure to mention the full names of any other guests, who may be accompanying you.

We look forward to having you with us for this joyous, landmark event.

Pujya Swamiji sends His love and blessings.

With love and peace,

Sadhvi Bhagawati Saraswati

Please RSVP with us and be sure to take a print out of the invitation card attached.

To learn more about the Encyclopedia of Hinduism project, click here

Read more about the Presentation Ceremony of the Encyclopedia to the President of India in June 2014, click here
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Wednesday, 8 October 2014

Kannadigas in Tamilnadu

8.10.2014
I protest against a wall poster ( put up by an by an expelled ADMK member ) threatening Kannadigas living in Tamilnadu if Ms. Jayalalitha was not released from jail. I am glad that ADMK political leaders have criticised this act, and ordered removal of such posters.

Article 19 (1 ) (e ) of the Indian Constitution states :
" All citizens shall have the right---to reside and settle in any part of the territory of India "

Hence Kannadigas, or people from any part of India have a fundamental right to reside and settle in Tamilnadu, just as Tamilians have a fundamental right to settle in any part of India.

We are Indians first, and Tamilians or Kannadagis or people from any part of India, only afterwards.

Monday, 6 October 2014

Indian Philosophy


If you wish to know about Indian Philosophy I recommend you begin by reading D.P. Chattopadhyaya's 'What is living and what is dead in Indian Philosophy '. This is a seminal book, and very informative.

There are two main subjects in philosophy : ontology and epistemology.

Ontology is the study of existence. In other words, the questions asked in ontology are, does God exist, does the Universe exist ( or is it Maya, an illusion), does the soul exist, do ghosts, fairies and witches exist, do unicorns exist, etc.In other words, what is really real, and what is only apparently real ?

The ontology of Nyaya philosophy, of which I am a follower, is realistic and pluralistic. It is realistic, because Nyaya philosophy believe that the world is real, and it disagrees with Vedanta philosophy which believes that in the ultimate analysis  the world is unreal i.e. Maya.

Nyaya philosophy is also pluralistic.  In this respect also, it is in sharp contrast to Vedanta.  Vedanta philosophy is monistic.  In other words, Vedanta believes that there is only one entity in the world, that is called Brahman.  On the other hand, Nyaya philosophy believes that there are innumerable real entities in  the world, e.g. men and women, houses, trees, tables, glasses, etc., and these can not be regarded as one, as Vedanta believes.

Epistemology is the study of the means of acquiring true knowledge. In Indian philosophy it is based on the pramanas, or means of acquiring true knowledge. There are several pramanas, e.g. pratyaksha pramana or knowledge derived from our 5 senses, anumana pramana or knowledge derived by inference e.g. where there is smoke there is fire. We may not see the fire, but infer of its existence by the smoke. There is shabda pramana, which is knowledge derived by an opinion of an expert, e.g. a doctor or physicist.

In Nyaya philosophy ( and I am talking of the original Nyaya of Gautam in his sutras, and not its subsequent theological distortions by Vatsyayana, Udayana, etc), which says that nothing is acceptable unless it is in accordance with reason and experience ( which is precisely the scientific approach ), the pradhan pramana or principal means of acquiring true knowledge is pratyaksha pramana. For example, if we ask how do we know that this tree in front of me exists, the answer is : because we can see it with our eyes, it is pratyaksha.
 But much of our knowledge is also derived from anumana or inference. For example, Rutherford propounded his theory of the atom consisting of  a central nucleus ( of protons,neutrons,etc) and electrons orbiting it ( like the planets orbiting the sun ) by inferring it from the scattering of alpha rays ( which are helium ions), although he never saw ( and we still cannot see ) an atom, as it is too small.

The existence of black holes has also been established by inference or anumana, although no one has actually seen a black hole, because its density is so great that light cannot escape from it, but we infer its existence from the movement of other neighbouring heavenly bodies which proves that there is a heavenly body in the neighbourhood which, though not visible, is excercising its gravitational pull so as to make the visible heavenly bodies move in the manner they do.

Shabda pramana is the knowledge we acquire from the statement of an expert. For example, we accept the truth of Einstein's equation, e=mc2, because Einstein is an eminent physicist, although we ourselves may not be able to understand how he reached to that equation. We accept the diagnosis of our medical doctor because of his reputation.

Nyaya philosophy, of which I am a follower, says that pratyaksha pramana is the pradhan praman. and other pramanas are subject to, and dependent on, pratyaksha. This is also the scientific approach, because scientific theories have to be tested by experiments, and only when they are found valid by experiment are they accepted. Thus, Einstein's general theory of relativity was only accepted after it was tested by experiment in 1919 by Eddington and his associate scientists, who noticed the bending of light coming from stars by the gravitational pull of the sun during a full solar eclipse as predicted by Einstein's theory.

However, pradhan pramana, too, may sometimes not give true knowledge. For instance, we see the sun arising from the East and setting in the West, which creates the impression that the sun goes around the earth, and this is what people believed earlier till Copernicus established that it was the earth which goes around the sun, not the other way around (  The Indian scientist,Aryabhatta had also suggested this in his book 'Aryabhatiya' in the 4th century A.D. i.e. long before Copernicus ).).

We see a mirage and think it is water, which is untrue.

So how can we be sure that pratyaksha leads to true knowledge ?

We can be sure by two ways ( 1) application of reason, and (2) experiment.

By applying reason we can understand that the appearance of the sun going around the earth could be because the earth is rotating on its axis.

By experiment, we can know the falsehood of water in the mirage, because when we approach it it disappears, and does not quench our thirst.
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We presently accept the duality of things, i.e. waves can be regarded as particles ( the Quantum Theory of Max Planck ) and particles can be regarded as waves ( the Quantum Mechanics of De Broglie, Heisenberg, Schrodinger, etc) because that is what was found by experiment

Sunday, 5 October 2014

Account of a top govt officer in J&K govt. How the govt went defunct ?


Tragedy of Errors

It was painful to watch the inaction of an insensitive bureaucracy in J&K

DEFUNCT GOVERNMENT

Maharaja Hari Singh was a dictator, an autocrat for whom the people were the subjects, not the masters of their destiny. However, during a flood in late 1920s, when Jhelum breached its banks in the night at Lal Chowk, where today there is Ahdoos Hotel, he rushed to the spot with all his convoy. A British officer on duty shouted at him to leave the spot lest he too is drowned. Hari Singh replied, “If Kashmir is saved let me be drowned. If I live and the Valley is swept, whom shall I rule?” He directed the blockade of the breach and got it plugged.

That was 1928. This is 2014. That was autocracy; this is democracy.

It was probably 4th September, 2014 that the Chief Secretary, J&K had convened a meeting via videoconference with all the Deputy Commissioners of Kashmir Valley regarding electoral reforms. Suddenly there was a mention of heavy rains all across, but every Deputy Commissioner vowed that they are geared up to meet the challenge. The next day they repeated this assurance to the Chief Minister as well.

But when waters rose, it swept not only the huge material assets but the assurances and credibility of these officers as well.  Srinagar, the second oldest city of the country after Varanasi, was flooded and its roughly 10 lakh residents inundated, crying for help. There was nobody in government for a day or two. The scale and scope of the tragedy was huge.

On the third day, after the city was flooded, I made contacts with some of my colleagues, using the old courier means, but could not do much. A day later we somehow succeeded in managing contacts with an officer friend at Srinagar’s airbase, which had been converted into a relief centre cum headquarters of the state apparatus.

As I reached the Arjun lounge ( as the building is popularly called),  I saw tens of helicopters and planes taking off and landing, of course with relief material, supplies and media persons from outside.  Officers of airforce and army were busy with rescue and relief operations, so were a few senior officers of the state government.

The chief minister would come and hold meetings with civil and military brass. At one of the meetings, the chief minister was apprised about a food store in possession of FCI at Lethpora, Pulwama, whose storekeeper was not traceable. The CM directed the concerned DC to break the lock in presence of a magistrate and take out ration for onward distribution. I later learnt that it took the administration three days – three days in flood situation means a lot – to get a magistrate in whose presence the lock was opened.

We spent a couple of days at Srinagar airbase, brainstorming. But honestly nobody knew what is to be done. No plan, no direction. Though the Chief Minister tried to dilute the impression that the state machinery was doing nothing by addressing media repeatedly, but there was no support service to him from his own PR Department which seemed to have been literally devastated much before the floods.

Anyway, we shifted our base to Hariniwas, on the foothills of Shankracharya hills. We started from two satellite phones given by the army authorities.  

Here too it was chaos all around. I could find no officer ready with details or logistic plans.

Anyhow the chief minister decided we should have two meetings daily to review the situation – a 9am meeting to chalk out strategy and another 7pm meeting to know what we had done in the day.
The emotive pun that comes into play at such occasions was missing.

At one of the meetings a senior official reports that such and such relief material has been received. The CM looks happy and directs that it should be distributed. This is about the morning meeting. In the evening, the same officer reported that whatever he had reported in the morning was what he called a ‘false alarm’. He had not crosschecked facts before reporting in the meeting.

It was probably the third day of government at Hari Niwas. It was a shiny morning but the ambience was desolate. A particular administrative secretary was yelling over phone to someone, saying a particular granary was being looted. It broke the calm and everyone became restless. People were not having rations to eat and air-droppings had stopped. On the previous evening, a concerned officer had assured the CM that he would push 50 trucks (means 10 thousand kilograms of rice) into the marooned city. But he could manage just around few hundred Kgs only.

Suddenly the chief secretary’s British accented voice broke my calculation. It’s all the handiwork of the local SP, he thundered. I now expected heads to roll.  But nothing happened. Instead, in the evening meeting, the police chief came and defended his cop. It was business as usual again.

The previous day it was known that three Deputy Commissioners and the SP of a worst hit District had left their headquarters, looking for their families and friends in Srinagar. In any other state or system an axe would have fallen on them but Kashmir has its own and separate constitution.
During the day, there’s a phone call from the American embassy in New Delhi who wanted to talk to some ‘senior authority’ to know what they can do. The caller was directed to an IAS officer who thanked the caller, saying everything was ‘arranged’.

On 16th September, probably the finest brains of the state’s official machinery decided that they would open up the civil secretariat on 18th to show to the people that government exists. I enquired from one of my friends in the core team about the logic of this decision. He whispered it would instill confidence among the people. But how would we make it to the secretariat? He had no answers.
The D-day had come. The chief minister flagged off the JKTDC bus carrying the whole government to the civil secretariat. The chief secretary was occupying the front seat followed by the other senior officers. We boarded the bus wading through the waters of Sonwar and Batwara to finally cross the bypass. Every officer, young and old, was narrating his tales of courage and how he saved many lives (not what he did as the in-charge of a particular department during the crisis).

We reached Sanat Nagar traffic junction and the gear of the bus got stuck. Somehow the driver managed with the help from a couple of officers who physically pushed the bus from behind.
We crossed the junction.

After a few yards, smoke started coming out of the engine and the driver declared he can’t pull the engine; otherwise, the bus would catch fire.

We decided to leave the bus for fear of safety and decided to walk. What an irony of fate the entire top brass of J&K government,  led by its chief secretary, were stranded for vehicle in front of the gate of separatist leader Sajjad Lone. Anyway, we walked past the patch and whoever from the so called common people would greet us, we felt as if he was doing so sarcastically, taunting us.

Finally, we managed to get a tempo driver to take us to Ram Bagh Bridge. I could visualise the samadhi of Maharaja Hari Singh  mocking at us, saying, sons, you have not been able to manage this state as I used to. Just then my visual ambience broke with the announcement that the road had been blocked by locals who were protesting that the free ration announced by the government had not reached them. Panic gripped us.

We asked the driver to make a U turn. We decided to go via Batmaloo but then some colleagues suggested to go via Bemina to finally reach the secretariat road which was hugely inundated. Our bus couldn’t even reach the second gate as the waters there were raging. We finally made a retreat and bumped into the Assembly secretariat complex where we held the customary routine   meeting before going back to our safe havens.

Bahut be aabaru ho kar terey koochay se hum niklay...

Not only a bad move indeed, it was an equally disastrous PR exercise for the Government which already had faced a miserable situation to project itself on the publicity canvas ever since the disaster struck, owing to the low calibre the officials manning the concerned Department possess. For the whole night I wondered: what was the fun of going to the secretariat when it had turned into a mini lake? What was the public good in it? Did anybody had a feel of the situation there? Did anybody have a route map? No. Nobody had.

Kashmir has a history of having some superb and dignified officers who made a mark. Peer Ghulam Hassan Shah and SAS Qadri, to name a few. But what I was witnessing was a bunch of yes-boss type dignified clerks devoid of any decisive manner or creative approach to solve problems. And many of them seemed quite blank on issues confronting people. An HoD, for example, was not knowing, off hand, the number of beneficiary families for supplies in his Department. All he was saying was that his records have been damaged.

The other day the officers (I mean the senior engineers) reported that water was not receding despite using pumps. These engineers were supposed to provide the solutions but here they were seeking advice on a petty technical matter!

On another day a central team led by a senior Union Minister came to Srinagar to assess the damage. The State Government had asked an officer (known for his backdoor push) to brief the Union Minister accordingly. When the Union Minister sought an appraisal of the situation, the officer was in demand but not in sight. He was searched here and there till his administrative secretary intervened to inform that the officer had gone to have lunch. Not far, but at Lalit’s Grand Palace!

The Union Minister, keeping his composure intact, told the officials to send the concerned officer to his office in Delhi for the briefing as he was getting late for the flight back to Delhi.

Earlier, the state sent a high level ministerial delegation to apprise the Prime Minister Narendra Modi about the gravity of the situation and intensity of the problem. Good move indeed. But see the homework they had done and the inputs their dignified clerks had given to them. The delegation, which comprised of a sharp minded Finance Minister, demanded declaring the floods as a national calamity, which in common parlance meant no intervention of insurance companies, exclusion of any profit making activity from the package and a mere general Rs. 75000 relief to each affected house owner as per NDRF norms. Nobody, it seems, had read the norms before making the submission.  It later took the chief minister a visit to 7 Race Course Road to convince the centre not to declare it a national calamity but as a case of special relief package.

On the 13th or 14th day of the floods, the Financial Commissioner’s Department proudly announced in a newspaper that they have opened their office again. One might ask, where had they gone all these days? The waters had not touched even the gates of the Commissionery at Tanki Pora (where the office is located), probably fearing they would lose even whatever land rights they have to these patwaris. But there was nobody to ask, question, or seek explanation.

Thus act after act of this tragedy of errors plays out. And I continue to be hapless, a mute witness.
Coming back to Maharaja Hari Singh's comments, I would have preferred to be washed away by the recent floods, rather than go through the pain of watching the inaction of an insensitive bureaucracy in J&K.

(The author, an officer in the present government, wishes to remain anonymous)

Slaughter of animals on religious occasions

A comment was made on my previous post ( in which I sent my Eid greetings ) asking my view about slaughter of animals in the name of religion

 This reminded me of a case I heard in the Allahabad High Court soon after I was appointed a Judge in 1991.

A  petition was filed before me by someone claiming to be a representative of Hindus in India, praying for a direction that Muslims should be prohibited from slaughtering buffaloes on the occasion of Bakrid ( Eid-ul-Zuha ).

 I asked the counsel for the petitioner why I should pass such an order. He said because buffalo is the 'sawari' ( carriage) of Lord Yamraj ( the god of death, according to Hindus), and therefore killing of buffaloes hurts the religious sentiments of Hindus.

 I said that in that case I must also prohibit killing of rats, because a rat is the sawari of Lord Ganesh. There are 33 crore gods among Hindus, each having a sawari. How many such orders will I have to pass ?

 I said that if there is a law against killing of some animal I will certainly order enforcement of that law, but I will certainly not pass such orders on sentiments of someone.

 There are laws in several states prohibiting killing of cows, and these have certainly to be enforced. There is also the Wildlife Protection Act, and therefore killing of wildlife in India is prohibited. But unless some statute is shown to me I will not prohibit killing of any animal.

 On the occasion of Eid-ul-Zuha an animal ( usually a goat or a lamb) is slaughtered by Muslims as a sacrifice to God. But many poor Muslims cannot afford to buy a goat, as it has become too expensive. So a rule has been made that if 7 Muslims get together and collectively buy a buffalo and slaughter it, it will have the same spiritual benefit for each of them as sacrifice of a goat by each.

Since there is no law against slaughter of buffaloes i see nothing wrong in it. In fact even some Hindus e.g. Gurkhas slaughter buffaloes as a sacrifice to god, and eat its meat.

Saturday, 4 October 2014

Daniel Webster and National Unity

Daniel Webster and National Unity
 The great American statesman and lawyer Daniel Webster ( 1782-1852 ),  is one of my heroes. Apart from being a great lawyer, he was a member of the House of Representatives of the U.S. Congress for 10 years, a Senator for 19 years, and Secretary of State under three Presidents. He could not become the U.S. President, although much less deserving persons became President, mainly because he refused to make any compromise on the question of unity of America.

From the 1830s onwards upto the Civil War ( 1861-1865) many of the Congressmen of the southern states of U.S.A. ( the slave holding states ) propounded the theory of nullification, which in effect meant that any state in U.S.A. could secede from the Union. This doctrine of nullification was first proclaimed by Senator John Calhoun, who later became the U.S. Vice President.

In Janury 1830 the Senator from South Carolina ( which in 1861 became the first state in the Union to secede ) Robert Hayne gave a strong speech in the Senate in favour of the right of a state to secede.   Hayne,following Calhoun's doctrine of nullification, said that liberty comes first, and union comes only thereafter.

Daniel Webster joined issue with Hayne in what became known as the Webster-Hayne debates.

On 27.1.1830 Daniel Webster delivered his famous 'Second Reply to Robert Hayne " in the Senate, which is regarded as the most eloquent speech ever delivered in the U.S. Congress.

Absolutely refusing to compromise on the question of preserving the union of the nation at any cost, Webster ended his speech with words which have immortalized him :
" When my eyes shall be turned to behold for the last time the sun in heaven, may I not see it shining on the broken and dishonoured fragments of a glorious nation, on states dissevered, discordant, and belligerent, on a land rent with civil feuds or drenched in fraternal blood. Let my last feeble and lingering glance rather behold the glorious ensign of the republic, not a stripe erased or polluted, not a single star obscured, bearing for its motto no such miserable interrogatory as " What is all this worth ?", nor those other words of delusion and folly " Liberty first, and Union afterwards ", but everywhere spread all over in characters  of living light, blazing in all its ample folds, as they float over the sea and over the land, and in every wind under the heavens, that other sentiment, dear to every true American heart---Liberty and Union, now and forever, one and inseparable ".

Again on 17.7,1850 in his address to the U.S. Senate, Daniel Webster said " I shall stand by the Union, with absolute disregard of personal consequences. What are personal consequences in comparison with the good or evil which may befall a great nation in a crisis like this ? Let the consequences be what they will."
  
Daniel Webster's stand is the stand which all patriotic Indians must take, if our country is to survive and progress. Let the separatists know that we will fight for the unity of our country, with our blood if necessary.

The Devil and Daniel Webster

The Devil and Daniel Webster

by

Stephen Vincent Benet

It's a story they tell in the border country, where Massachusetts joins Vermont and New Hampshire.

Yes, Dan'l Webster's dead--or, at least, they buried him. But every time there's a thunder storm around Marshfield, they say you can hear his rolling voice in the hollows of the sky. Acnd they say that if you go to his grave and speak loud and clear, "Dan'l Webster--Dan'l Webster!" the ground 'll begin to shiver and the trees begin to shake. And after a while you'll hear a deep voice saying, "Neighbour, how stands the Union?" Then you better answer the Union stands as she stood, rock-bottomed and copper sheathed, one and indivisible, or he's liable to rear right out of the ground. At least, that's what I was told when I was a youngster.

You see, for a while, he was the biggest man in the country. He never got to be President, but he was the biggest man. There were thousands that trusted in him right next to God Almighty, and they told stories about him and all the things that belonged to him that were like the stories of patriarchs and such. They said, when he stood up to speak, stars and stripes came right out in the sky, and once he spoke against a river and made it sink into the ground. They said, when he walked the woods with his fishing rod, Killall, the trout would jump out of the streams right into his pockets, for they knew it was no use putting up a fight against him; and, when he argued a case, he could turn on the harps of the blessed and the shaking of the earth underground. That was the kind of man he was, and his big farm up at Marshfield was suitable to him. The chickens he raised were all white meat down through the drumsticks, the cows were tended like children, and the big ram he called Goliath had horns with a curl like a morning-glory vine and could butt through an iron door. But Dan'l wasn't one of your gentlemen farmers; he knew all the ways of the land, and he'd be up by candlelight to see that the chores got done. A man with a mouth like a mastiff, a brow like a mountain and eyes like burning anthracite--that was Dan'l Webster in his prime. And the biggest case he argued never got written down in the books, for he argued it against the devil, nip and tuck and no holds barred. And this is the way I used to hear it told.

There was a man named Jabez Stone, lived at Cross Corners, New Hampshire. He wasn't a bad man to start with, but he was an unlucky man. If he planted corn, he got borers; if he planted potatoes, he got blight. He had good enough land, but it didn't prosper him; he had a decent wife and children, but the more children he had, the less there was to feed them. If stones cropped up in his neighbours's field, boulders boiled up in his; if he had a horse with the spavins, he'd trade it for one with the staggers and give something extra. There's some folks bound to be like that, apparently. But one day Jabez Stone got sick of the whole business.

He'd been plowing that morning and he'd just broke the plowshare on a rock that he could have sworn hadn't been there yesterday. And, as he stood looking at the plowshare, the off horse began to cough--that ropy kind of cough that means sickness and horse doctors. There were two children down with the measles, his wife was ailing, and he had a whitlow on his thumb. It was about the last straw for Jabez Stone. "I vow," he said, and he looked around him kind of desperate--"I vow it's enough to make a man want to sell his soul to the devil And I would, too, for two cents!"

Then he felt a kind of queerness come over him at having said what he'd said; though, naturally, being a New Hampshireman, he wouldn't take it back. But, all the same, when it got to be evening and, as far as he could see, no notice had been taken, he felt relieved in his mind, for he was a religious man. But notice is always taken, sooner or later, just like the Good Book says. And, sure enough, next day, about supper time, a soft-spoken, dark-dressed stranger drove up in a handsome buggy and asked for Jabez Stone.

Well, Jabez told his family it was a lawyer, come to see him about a legacy. But he knew who it was. He didn't like the looks of the stranger, nor the way he smiled with his teeth.

They were white teeth, and plentiful--some say they were filed to a point, but I wouldn't vouch for that. And he didn't like it when the dog took one look at the stranger and ran away howling, with his tail between his legs. But having passed his word, more or less, he stuck to it, and they went out behind the barn and made their bargain. Jabez Stone had to prick his finger to sign, and the stranger lent him a silver pin. The wound healed clean, but it left a little white scar.

II

After that, all of a sudden, things began to pick up and prosper for Jabez Stone. His cows got fat and his horses sleek, his crops were the envy of the neighbourhood, and lightning might strike all over the valley, but it wouldn't strike his barn. Pretty soon, he was one of the prosperous people of the county; they asked him to stand for selectman, and he stood for it; there began to be talk of running him for state senate. All in all, you might say the Stone family was as happy and contented as cats in a dairy. And so they were, except for Jabez Stone.

He'd been contented enough, the first few years. It's a great thing when bad luck turns; it drives most other things out of your head. True, every now and then, especially in rainy weather, the little white scar on his finger would give him a twinge. And once a year, punctual as clockwork, the stranger with the handsome buggy would come driving by. But the sixth year, the stranger lighted, and, after that, his peace was over for Jabez Stone.

The stranger came up through the lower field, switching his boots with a cane--they were handsome black boots, but Jabez Stone never liked the look of them, particularly the toes. And, after he'd passed the time of day, he said, "Well, Mr. Stone, you're a hummer! It's a very pretty property you've got here, Mr. Stone."

"Well, some might favour it and others might not," said Jabez Stone, for he was a New Hampshireman.

"Oh, no need to decry your industry!" said the stranger, very easy, showing his teeth in a smile. "After all, we know what's been done, and it's been according to contract and specifications. So when--ahem--the mortgage falls due next year, you shouldn't have any regrets."

"Speaking of that mortgage, mister," said Jabez Stone, and he looked around for help to the earth and the sky, "I'm beginning to have one or two doubts about it."

"Doubts?" said the stranger, not quite so pleasantly.

"Why, yes," said Jabez Stone. "This being the U. S. A. and me always having been a religious man." He cleared his throat and got bolder.

"Yes, sir," he said, "I'm beginning to have considerable doubts as to that mortgage holding in court."

"There's courts and courts," said the stranger, clicking his teeth. "Still, we might as well have a look at the original document." And he hauled out a big black pocketbook, full of papers. "Sherwin, Slater, Stevens, Stone," he muttered. "I, Jabez Stone, for a term of seven years--Oh, it's quite in order, I think."

But Jabez Stone wasn't listening, for he saw something else flutter out of the black pocket book. It was something that looked like a moth, but it wasn't a moth. And as Jabez Stone stared at it, it seemed to speak to him in a small sort of piping voice, terrible small and thin, but terrible human.

"Neighbour Stone!" it squeaked. "Neighbour Stone! Help me! For God's sake, help me!"

But before Jabez Stone could stir hand or foot, the stranger whipped out a big bandanna handkerchief, caught the creature in it, just like a butterfly, and started tying up the ends of the bandanna.

"Sorry for the interruption," he said. "As I was saying--"

But Jabez Stone was shaking all over like a scared horse.

"That's Miser Stevens' voice!" he said, in a croak. "And you've got him in your handkerchief!"

The stranger looked a little embarrassed.

"Yes, I really should have transferred him to the collecting box," he said with a simper, "but there were some rather unusual specimens there and I didn't want them crowded. Well, well, these little contretemps will occur."

"I don't know what you mean by contertan," said Jabez Stone, "but that was Miser Stevens' voice! And he ain't dead! You can't tell me he is! He was just as spry and mean as a woodchuck, Tuesday!"

"In the midst of life--" said the stranger, kind of pious. "Listen!" Then a bell began to toll in the valley and Jabez Stone listened, with the sweat running down his face. For he knew it was tolled for Miser Stevens and that he was dead.

"These long-standing accounts," said the stranger with a sigh; "one really hates to close them. But business is business."

He still had the bandanna in his hand, and Jabez Stone felt sick as he saw the cloth struggle and flutter.

"Are they all as small as that?" he asked hoarsely.

"Small?" said the stranger. "Oh, I see what you mean. Why, they vary." He measured Jabez Stone with his eyes, and his teeth showed. "Don't worry, Mr. Stone," he said. "You'll go with a very good grade. I wouldn't trust you outside the collecting box. Now, a man like Dan'l Webster, of course--well, we'd have to build a special box for him, and even at that, I imagine the wing spread would astonish you. He'd certainly be a prize. I wish we could see our way clear to him. But, in your case, as I was saying--"

"Put that handkerchief away!" said Jabez Stone, and he began to beg and to pray. But the best he could get at the end was a three years' extension, with conditions.

But till you make a bargain like that, you've got no idea of how fast four years can run. By the last months of those years, Jabez Stone's known all over the state and there's talk of running him for governor--and it's dust and ashes in his mouth. For every day, when he gets up, he thinks, "There's one more night gone," and every night when he lies down, he thinks of the black pocketbook and the soul of Miser Stevens, and it makes him sick at heart. Till, finally, he can't bear it any longer, and, in the last days of the last year, he hitches his horse and drives off to seek Dan'l Webster. For Dan'l was born in New Hampshire, only a few miles from Cross Corners, and it's well known that he has a particular soft spot for old neighbours.

III

It was early in the morning when he got to Marshfield, but Dan'l was up already, talking Latin to the farm hands and wrestling with the ram, Goliath, and trying out a new trotter and working up speeches to make against John C. Calhoun. But when he heard a New Hampshire man had come to see him, he dropped every thing else he was doing, for that was Dan'l's way. He gave Jabez Stone a breakfast that five men couldn't eat, went into the living history of every man and woman in Cross Corners, and finally asked him how he could serve him.

Jabez Stone allowed that it was a kind of mortgage case.

"Well, I haven't pleaded a mortgage case in a long time, and I don't generally plead now, except before the Supreme Court," said Dan'l, "but if I can, I'll help you."

"Then I've got hope for the first time in ten years," said Jabez Stone, and told him the details.

Dan'l walked up and down as he listened, hands behind his back, now and then asking a question, now and then plunging his eyes at the floor, as if they'd bore through it like gimlets. When Jabez Stone had finished, Dan'l puffed out his cheeks and blew. Then he turned to Jabez Stone and a smile broke over his face like the sunrise over Monadnock.

"You've certainly given yourself the devil's own row to hoe, Neighbour Stone," he said, "but I'll take your case."

"You'll take it?" said Jabez Stone, hardly daring to believe.

"Yes," said Dan'l Webster. "I've got about seventy-five other things to do and the Missouri Compromise to straighten out, but I'll take your case. For if two New Hampshiremen aren't a match for the devil, we might as well give the country back to the Indians."

Then he shook Jabez Stone by the hand and said, "Did you come down here in a hurry?"

"Well, I admit I made time," said Jabez Stone.

"You'll go back faster," said Dan'l Webster, and he told 'em to hitch up Constitution and Constellation to the carriage. They were matched grays with one white forefoot, and they stepped like greased lightning.

Well, I won't describe how excited and pleased the whole Stone family was to have the great Dan'l Webster for a guest, when they finally got there. Jabez Stone had lost his hat on the way, blown off when they overtook a wind, but he didn't take much account of that. But after supper he sent the family off to bed, for he had most particular business with Mr. Webster. Mrs. Stone wanted them to sit in the front parlor, but Dan'l Webster knew front parlors and said he preferred the kitchen. So it was there they sat, waiting for the stranger, with a jug on the table between them and a bright fire on the hearth--the stranger being scheduled to show up on the stroke of midnight, according to specification.

Well, most men wouldn't have asked for better company than Dan'l Webster and a jug. But with every tick of the clock Jabez Stone got sadder and sadder. His eyes roved round, and though he sampled the jug you could see he couldn't taste it. Finally, on the stroke of 11:30 he reached over and grabbed Dan'l Webster by the arm.

"Mr. Webster, Mr. Webster!" he said, and his voice was shaking with fear and a desperate courage. "For God's sake, Mr. Webster, harness your horses and get away from this place while you can!"

"You've brought me a long way, neighbour, to tell me you don't like my company," said Dan'l Webster, quite peaceable, pulling at the jug.

"Miserable wretch that I am!" groaned Jabez Stone. "I've brought you a devilish way, and now I see my folly. Let him take me if he wills. I don't hanker after it, I must say, but I can stand it. But you're the Union's stay and New Hampshire's pride! He mustn't get you, Mr. Webster! He mustn't get you!"

Dan'l Webster looked at the distracted man, all gray and shaking in the firelight, and laid a hand on his shoulder.

"I'm obliged to you, Neighbour Stone," he said gently. "It's kindly thought of. But there's a jug on the table and a case in hand. And I never left a jug or a case half finished in my life."

And just at that moment there was a sharp rap on the door "Ah," said Dan'l Webster, very coolly, "I thought your clock was a trifle slow, Neighbour Stone." He stepped to the door and opened it. "Come in," he said. The stranger came in--very dark and tall he looked in the firelight. He was carrying a box under his arm--a black, japanned box with little air holes in the lid. At the sight of the box, Jabez Stone gave a low cry and shrank into a corner of the room. "Mr. Webster, I presume," said the stranger, very polite, but with his eyes glowing like a fox's deep in the woods.

"Attorney of record for Jabez Stone," said Dan'l Webster, but his eyes were glowing too. "Might I ask your name?"

"I've gone by a good many," said the stranger carelessly. "Perhaps Scratch will do for the evening. I'm often called that in these regions."

Then he sat down at the table and poured himself a drink from the jug. The liquor was cold in the jug, but it came steaming into the glass.

"And now," said the stranger, smiling and showing his teeth, "I shall call upon you, as a law-abiding citizen, to assist me in taking possession of my property."

Well, with that the argument began--and it went hot and heavy. At first, Jabez Stone had a flicker of hope, but when he saw Dan'l Webster being forced back at point after point, he just sat scrunched in his corner, with his eyes on that japanned box. For there wasn't any doubt as to the deed or the signature--that was the worst of it. Dan'l Webster twisted and turned and thumped his fist on the table, but he couldn't get away from that. He offered to compromise the case; the stranger wouldn't hear of it. He pointed out the property had increased in value, and state senators ought to be worth more; the stranger stuck to the letter of the law. He was a great lawyer, Dan'l Webster, but we know who's the King of Lawyers, as the Good Book tells us, and it seemed as if, for the first time, Dan'l Webster had met his match.

Finally, the stranger yawned a little. "Your spirited efforts on behalf of your client do you credit, Mr. Webster," he said, "but if you have no more arguments to adduce, I'm rather pressed for time--" and Jabez Stone shuddered.

Dan'l Webster's brow looked dark as a thundercloud. "Pressed or not, you shall not have this man," he thundered. "Mr. Stone is an American citizen, and no American citizen may be forced into the service of a foreign prince. We fought England for that in '12 and we'll fight all hell for it again!"

"Foreign?" said the stranger. "And who calls me a foreigner?"

"Well, I never yet heard of the dev--of your claiming American citizenship," said Dan'l Webster with surprise.

"And who with better right?" said the stranger, with one of his terrible smiles. "When the first wrong was done to the first Indian, I was there. When the first slaver put out for the Congo, I stood on her deck. Am I not in your books and stories and beliefs, from the first settlements on? Am I not spoken of, still, in every church in New England? 'Tis true the North claims me for a Southerner, and the South for a Northerner, but I am neither. I am merely an honest American like yourself--and of the best descent--for, to tell the truth, Mr. Webster, though I don't like to boast of it, my name is older in this country than yours."

"Aha!" said Dan'l Webster, with the veins standing out in his forehead. "Then I stand on the Constitution! I demand a trial for my client!"

"The case is hardly one for an ordinary court," said the stranger, his eyes flickering. "And, indeed, the lateness of the hour--"

"Let it be any court you choose, so it is an American judge and an American jury!" said Dan'l Webster in his pride. "Let it be the quick or the dead; I'll abide the issue!"

"You have said it," said the stranger, and pointed his finger at the door. And with that, and all of a sudden, there was a rushing of wind outside and a noise of footsteps. They came, clear and distinct, through the night. And yet, they were not like the footsteps of living men.

"In God's name, who comes by so late?" cried Jabez Stone, in an ague of fear.

"The jury Mr. Webster demands," said the stranger, sipping at his boiling glass. "You must pardon the rough appearance of one or two; they will have come a long way."

IV

And with that the fire burned blue and the door blew open and twelve men entered, one by one.

If Jabez Stone had been sick with terror before, he was blind with terror now. For there was Walter Butler, the loyalist, who spread fire and horror through the Mohawk Valley in the times of the Revolution; and there was Simon Girty, the renegade, who saw white men burned at the stake and whooped with the Indians to see them burn. His eyes were green, like a catamount's, and the stains on his hunting shirt did not come from the blood of the deer. King Philip was there, wild and proud as he had been in life, with the great gash in his head that gave him his death wound, and cruel Governor Dale, who broke men on the wheel. There was Morton of Merry Mount, who so vexed the Plymouth Colony, with his flushed, loose, handsome face and his hate of the godly. There was Teach, the bloody pirate, with his black beard curling on his breast. The Reverend John Smeet, with his strangler's hands and his Geneva gown, walked as daintily as he had to the gallows. The red print of the rope was still around his neck, but he carried a perfumed handkerchief in one hand. One and all, they came into the room with the fires of hell still upon them, and the stranger named their names and their deeds as they came, till the tale of twelve was told. Yet the stranger had told the truth--they had all played a part in America.

"Are you satisfied with the jury, Mr. Webster?" said the stranger mockingly, when they had taken their places.

The sweat stood upon Dan'l Webster's brow, but his voice was clear.

"Quite satisfied," he said. "Though I miss General Arnold from the company."

"Benedict Arnold is engaged upon other business," said the stranger, with a glower. "Ah, you asked for a justice, I believe."

He pointed his finger once more, and a tall man, soberly clad in Puritan garb, with the burning gaze of the fanatic, stalked into the room and took his judge's place.

"Justice Hathorne is a jurist of experience," said the stranger. "He presided at certain witch trials once held in Salem. There were others who repented of the business later, but not he."

"Repent of such notable wonders and undertakings?" said the stern old justice. "Nay, hang them--hang them all!" And he muttered to himself in a way that struck ice into the soul of Jabez Stone.

Then the trial began, and, as you might expect, it didn't look anyways good for the defense. And Jabez Stone didn't make much of a witness in his own behalf. He took one look at Simon Girty and screeched, and they had to put him back in his corner in a kind of swoon.

It didn't halt the trial, though; the trial went on, as trials do. Dan'l Webster had faced some hard juries and hanging judges in his time, but this was the hardest he'd ever faced, and he knew it. They sat there with a kind of glitter in their eyes, and the stranger's smooth voice went on and on. Every time he'd raise an objection, it'd be "Objection sustained," but whenever Dan'l objected, it'd be "Objection denied." Well, you couldn't expect fair play from a fellow like this Mr. Scratch.

It got to Dan'l in the end, and he began to heat, like iron in the forge. When he got up to speak he was going to flay that stranger with every trick known to the law, and the judge and jury too. He didn't care if it was contempt of court or what would happen to him for it. He didn't care any more what happened to Jabez Stone. He just got madder and madder, thinking of what he'd say. And yet, curiously enough, the more he thought about it, the less he was able to arrange his speech in his mind. Till, finally, it was time for him to get up on his feet, and he did so, all ready to bust out with lightnings and denunciations. But before he started he looked over the judge and jury for a moment, such being his custom. And he noticed the glitter in their eyes was twice as strong as before, and they all leaned forward. Like hounds just before they get the fox, they looked, and the blue mist of evil in the room thickened as he watched them. Then he saw what he'd been about to do, and he wiped his forehead, as a man might who's just escaped falling into a pit in the dark.

For it was him they'd come for, not only Jabez Stone. He read it in the glitter of their eyes and in the way the stranger hid his mouth with one hand. And if he fought them with their own weapons, he'd fall into their power; he knew that, though he couldn't have told you how. It was his own anger and horror that burned in their eyes; and he'd have to wipe that out or the case was lost. He stood there for a moment, his black eyes burning like anthracite. And then he began to speak.

He started off in a low voice, though you could hear every word. They say he could call on the harps of the blessed when he chose. And this was just as simple and easy as a man could talk. But he didn't start out by condemning or reviling. He was talking about the things that make a country a country, and a man a man.

And he began with the simple things that everybody's known and felt--the freshness of a fine morning when you're young, and the taste of food when you're hungry, and the new day that's every day when you're a child. He took them up and he turned them in his hands. They were good things for any man. But without freedom, they sickened. And when he talked of those enslaved, and the sorrows of slavery, his voice got like a big bell. He talked of the early days of America and the men who had made those days. It wasn't a spread-eagle speech, but he made you see it. He admitted all the wrong that had ever been done. But he showed how, out of the wrong and the right, the suffering and the starvations, something new had come. And everybody had played a part in it, even the traitors.

Then he turned to Jabez Stone and showed him as he was an ordinary man who'd had hard luck and wanted to change it. And, because he'd wanted to change it, now he was going to be punished for all eternity. And yet there was good in Jabez Stone, and he showed that good. He was hard and mean, in some ways, but he was a man. There was sadness in being a man, but it was a proud thing too. And he showed what the pride of it was till you couldn't help feeling it. Yes, even in hell, if a man was a man, you'd know it. And he wasn't pleading for any one person any more, though his voice rang like an organ. He was telling the story and the failures and the endless journey of mankind. They got tricked and trapped and bamboozled, but it was a great journey. And no demon that was ever foaled could know the inwardness of it--it took a man to do that.

V

The fire began to die on the hearth and the wind before morning to blow. The light was getting gray in the room when Dan'l Webster finished. And his words came back at the end to New Hampshire ground, and the one spot of land that each man loves and clings to. He painted a picture of that, and to each one of that jury he spoke of things long forgotten. For his voice could search the heart, and that was his gift and his strength. And to one, his voice was like the forest and its secrecy, and to another like the sea and the storms of the sea; and one heard the cry of his lost nation in it, and another saw a little harmless scene he hadn't remembered for years. But each saw something. And when Dan'l Webster finished he didn't know whether or not he'd saved Jabez Stone. But he knew he'd done a miracle. For the glitter was gone from the eyes of judge and jury, and, for the moment, they were men again, and knew they were men.

"The defense rests," said Dan'l Webster, and stood there like a mountain. His ears were still ringing with his speech, and he didn't hear any thing else till he heard judge Hathorne say, "The jury will retire to consider its verdict."

Walter Butler rose in his place and his face had a dark, gay pride on it. "The jury has considered its verdict," he said, and looked the stranger full in the eye. "We find for the defendant, Jabez Stone."

With that, the smile left the stranger's face, but Walter Butler did not flinch.

"Perhaps 'tis not strictly in accordance with the evidence," he said, "but even the damned may salute the eloquence of Mr. Webster."

With that, the long crow of a rooster split the gray morning sky, and judge and jury were gone from the room like a puff of smoke and as if they had never been there. The stranger turned to Dan'l Webster, smiling wryly. "Major Butler was always a bold man," he said. "I had not thought him quite so bold. Nevertheless, my congratulations, as between two gentlemen."

"I'll have that paper first, if you please," said Dan'l Webster, and he took it and tore it into four pieces. It was queerly warm to the touch. "And now," he said, "I'll have you!" and his hand came down like a bear trap on the stranger's arm. For he knew that once you bested anybody like Mr. Scratch in fair fight, his power on you was gone. And he could see that Mr. Scratch knew it too.

The stranger twisted and wriggled, but he couldn't get out of that grip. "Come, come, Mr. Webster," he said, smiling palely. "This sort of thing is ridic--ouch!--is ridiculous. If you're worried about the costs of the case, naturally, I'd be glad to pay--"

"And so you shall!" said Dan'l Webster, shaking him till his teeth rattled. "For you'll sit right down at that table and draw up a document, promising never to bother Jabez Stone nor his heirs or assigns nor any other New Hampshire man till doomsday! For any hades we want to raise in this state, we can raise ourselves, without assistance from strangers."

"Ouch!" said the stranger. "Ouch! Well, they never did run very big to the barrel, but--ouch!--I agree!"

So he sat down and drew up the document. But Dan'l Webster kept his hand on his coat collar all the time.

"And, now, may I go?" said the stranger, quite humble, when Dan'l 'd seen the document was in proper and legal form.

"Go?" said Dan'l, giving him another shake. "I'm still trying to figure out what I'll do with you. For you've settled the costs of the case, but you haven't settled with me. I think I'll take you back to Marshfield," he said, kind of reflective. "I've got a ram there named Goliath that can butt through an iron door. I'd kind of like to turn you loose in his field and see what he'd do."

Well, with that the stranger began to beg and to plead. And he begged and he pled so humble that finally Dan'l, who was naturally kind hearted, agreed to let him go. The stranger seemed terrible grateful for that and said, just to show they were friends, he'd tell Dan'l's for tune before leaving. So Dan'l agreed to that, though he didn't take much stock in fortunetellers ordinarily.

But, naturally, the stranger was a little different. Well, he pried and he peered at the line in Dan'l's hands. And he told him one thing and another that was quite remarkable. But they were all in the past.

"Yes, all that's true, and it happened," said Dan'l Webster. "But what's to come in the future?"

The stranger grinned, kind of happily, and shook his head. "The future's not as you think it," he said. "It's dark. You have a great ambition, Mr. Webster."

"I have," said Dan'l firmly, for everybody knew he wanted to be President.

"It seems almost within your grasp," said the stranger, "but you will not attain it. Lesser men will be made President and you will be passed over."

"And, if I am, I'll still be Daniel Webster," said Dan'l. "Say on."

"You have two strong sons," said the stranger, shaking his head. "You look to found a line. But each will die in war and neither reach greatness."

"Live or die, they are still my sons," said Dan'l Webster. "Say on."

"You have made great speeches," said the stranger. "You will make more."

"Ah," said Dan'l Webster.

"But the last great speech you make will turn many of your own against you," said the stranger. "They will call you Ichabod; they will call you by other names. Even in New England some will say you have turned your coat and sold your country, and their voices will be loud against you till you die."

"So it is an honest speech, it does not matter what men say," said Dan'l Webster. Then he looked at the stranger and their glances locked. "One question," he said. "I have fought for the Union all my life. Will I see that fight won against those who would tear it apart?"

"Not while you live," said the stranger, grimly, "but it will be won. And after you are dead, there are thousands who will fight for your cause, because of words that you spoke."

"Why, then, you long-barreled, slab-sided, lantern-jawed, fortune-telling note shaver!" said Dan'l Webster, with a great roar of laughter, "be off with you to your own place before I put my mark on you! For, by the thirteen original colonies, I'd go to the Pit itself to save the Union!"

And with that he drew back his foot for a kick that would have stunned a horse. It was only the tip of his shoe that caught the stranger, but he went flying out of the door with his collecting box under his arm.

"And now," said Dan'l Webster, seeing Jabez Stone beginning to rouse from his swoon, "let's see what's left in the jug, for it's dry work talking all night. I hope there's pie for breakfast, Neighbour Stone."

But they say that whenever the devil comes near Marshfield, even now, he gives it a wide berth. And he hasn't been seen in the state of New Hampshire from that day to this. I'm not talking about Massachusetts or Vermont.

THE END