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Rh possessed of those qualities, which, unhelped by provocation of events, tend to withdraw man from social life. On the contrary, Moredock was an example, of something apparently self-contradicting, certainly curious, but, at the same time, undeniable: namely, that nearly all Indian-haters have at bottom loving hearts; at any rate, hearts, if anything, more generous than the average. Certain it is, that, to the degree in which he mingled in the life of the settlements, Moredock showed himself not without humane feelings. No cold husband or colder father, he; and, though often and long away from his household, bore its needs in mind, and provided for them. He could be very convivial; told a good story (though never of his more private exploits), and sung a capital song. Hospitable, not backward to help a neighbor; by report, benevolent, as retributive, in secret; while, in a general manner, though sometimes grave—as is not unusual with men of his complexion, a sultry and tragical brown—yet with nobody, Indians excepted, otherwise than courteous in a manly fashion; a moccasined gentleman, admired and loved. In fact, no one more popular, as an incident to follow may prove.

" 'His bravery, whether in Indian fight or any other, was unquestionable. An officer in the ranging service during the war of 1812, he acquitted himself with more than credit. Of his soldierly character, this anecdote is told: Not long after Hull's dubious surrender at Detroit, Moredock with some of his rangers rode up at night to a log-house, there to rest till morning. The horses being attended to, supper over, and sleeping-places assigned

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242 the troop, the host showed the colonel his best bed, not on the ground like the rest, but a bed that stood on legs. But out of delicacy, the guest declined to monopolize it, or, indeed, to occupy it at all; when, to increase the inducement, as the host thought, he was told that a general officer had once slept in that bed. "Who, pray?" asked the colonel. "General Hull." "Then you must not take offense," said the colonel, buttoning up his coat, "but, really, no coward's bed, for me, however comfortable." Accordingly he took up with valor's bed—a cold one on the ground.

" 'At one time the colonel was a member of the territorial council of Illinois, and at the formation of the state government, was pressed to become candidate for governor, but begged to be excused. And, though he declined to give his reasons for declining, yet by those who best knew him the cause was not wholly unsurmised. In his official capacity he might be called upon to enter into friendly treaties with Indian tribes, a thing not to be thought of. And even did no such contingency arise, yet he felt there would be an impropriety in the Governor of Illinois stealing out now and then, during a recess of the legislative bodies, for a few days' shooting at human beings, within the limits of his paternal chief-magistracy. If the governorship offered large honors, from Moredock it demanded larger sacrifices. These were incompatibles. In short, he was not unaware that to be a consistent Indian-hater involves the renunciation of ambition, with its objects—the pomps and glories of the world; and since religion, pronouncing

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

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Rh such things vanities, accounts it merit to renounce them, therefore, so far as this goes, Indian-hating, whatever may be thought of it in other respects, may be regarded as not wholly without the efficacy of a devout sentiment.' "

Here the narrator paused. Then, after his long and irksome sitting, started to his feet, and regulating his disordered shirt-frill, and at the same time adjustingly shaking his legs down in his rumpled pantaloons, concluded: "There, I have done; having given you, not my story, mind, or my thoughts, but another's. And now, for your friend Coonskins, I doubt not, that, if the judge were here, he would pronounce him a sort of comprehensive Colonel Moredock, who, too much spreading his passion, shallows it."

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Rh, secretly assembled on the plantation of Louise Rabuteau, decided on their military organization (August 21). Beauvais was appointed leader of the insurrection; and it was resolved that the uprising should take place on the 26th of August. There were already symptoms of an alarmingly dangerous nature affecting the domination of the colonists; the slaves who, up to that time, had been seemingly obedient and resigned, began to show signs of their intention of shaking off the yoke. In June and July insurrections took place at Cul-de-Sac, at Vases, and at Mont-Rouis. The whites had recourse to their usual methods: they tried to intimidate the rebels by inflicting horrible punishments on them. Men were quartered alive; and so great a number was hanged that it was sometimes difficult to find enough executioner. At that time there appeared before the public a man who was to shape the destinies of his race and have a great influence on the future of Saint-Domingue. Toussaint-Bréda, better known under the name of Louverture, acting in connivance with the followers of the Governor of the island, prepared a general uprising of the slaves. Clever and perspicacious, he assumed at the outset a very modest part. He did not endeavor to obtain the command; his friend Jean-François was proclaimed the leader; Biassou was next in command; to Boukmann and Jeannot had been intrusted the mission of giving the signal of rebellion. This matter settled, there remained but to find a way of influencing all the slaves. These were told that the King of France and the National Assembly had granted them three holidays a week and had abolished flogging as a means of punishment; but that the colonists refused to obey the


text:
The New International Encyclopædia/Rastatt

RASTATT, or RASTADT, rä'stȧt. A town in the Grand Duchy of Baden, Germany, on the Murg, three miles from its junction with the Rhine, and 15 miles by rail southwest of Karlsruhe (Map: Germany, C 4). Its strong fortifications were dismantled in 1890. The town has a large palace (now a barrack), a gymnasium, and an industrial school. It manufactures iron hearths, tobacco, and lace. Rastatt is memorable for the two congresses held here. At the first, in 1714, a treaty of peace (following that of Utrecht) was signed which brought the War of the Spanish Succession to a close. The second congress was that of 1797-99 between France and the German Empire. It effected nothing, a new coalition having been formed against France. Its dissolution was followed by the assassination of two of the French delegates, a crime which aroused great indignation throughout Europe. For about 20 years previous to 1866 the fortress of Rastatt was occupied by the troops of the German Confederation. The Baden revolution in 1849 began and ended in Rastatt, which finally surrendered to the Prussians. Population, in 1890, 11,557; in 1900, 13,940. Consult Hüffer, Der Rastatter Gesandtenmord (Bonn, 1896).


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Rh you have renounced your notion, I should be happy would you, so to speak, renounce your story, too. That story strikes me with even more incredulity than wonder. To me some parts don't hang together. If the man of hate, how could John Moredock be also the man of love? Either his lone campaigns are fabulous as Hercules'; or else, those being true, what was thrown in about his geniality is but garnish. In short, if ever there was such a man as Moredock, he, in my way of thinking, was either misanthrope or nothing; and his misanthropy the more intense from being focused on one race of men. Though, like suicide, man-hatred would seem peculiarly a Roman and a Grecian passion—that is, Pagan; yet, the annals of neither Rome nor Greece can produce the equal in man-hatred of Colonel Moredock, as the judge and you have painted him. As for this Indian-hating in general, I can only say of it what Dr. Johnson said of the alleged Lisbon earthquake: 'Sir, I don't believe it.' " "Didn't believe it? Why not? Clashed with any little prejudice of his?"

"Doctor Johnson had no prejudice; but, like a certain other person," with an ingenuous smile, "he had sensibilities, and those were pained."

"Dr. Johnson was a good Christian, wasn't he?"

"He was."

"Suppose he had been something else."

"Then small incredulity as to the alleged earthquake."

"Suppose he had been also a misanthrope?"

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246 "Then small incredulity as to the robberies and murders alleged to have been perpetrated under the pall of smoke and ashes. The infidels of the time were quick to credit those reports and worse. So true is it that, while religion, contrary to the common notion, implies, in certain cases, a spirit of slow reserve as to assent, infidelity, which claims to despise credulity, is some times swift to it."

"You rather jumble together misanthropy and in fidelity."

"I do not jumble them; they are coordinates. For misanthropy, springing from the same root with disbelief of religion, is twin with that. It springs from the same root, I say; for, set aside materialism, and what is an atheist, but one who does not, or will not, see in the universe a ruling principle of love; and what a misanthrope, but one who does not, or will not, see in man a ruling principle of kindness? Don't you see? In either case the vice consists in a want of confidence."

"What sort of a sensation is misanthropy?"

"Might as well ask me what sort of sensation is hydrophobia. Don't know; never had it. But I have often wondered what it can be like. Can a misanthrope feel warm, I ask myself; take ease? be companionable with himself? Can a misanthrope smoke a cigar and muse? How fares he in solitude? Has the misanthrope such a thing as an appetite? Shall a peach refresh him? The effervescence of champagne, with what eye does he behold it? Is summer good to

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Rh him? Of long winters how much can he sleep? What are his dreams? How feels he, and what does he, when suddenly awakened, alone, at dead of night, by fusilades of thunder?"

"Like you," said the stranger, "I can't understand the misanthrope. So far as my experience goes, either mankind is worthy one's best love, or else I have been lucky. Never has it been my lot to have been wronged, though but in the smallest degree. Cheating, backbiting, superciliousness, disdain, hard-heartedness, and all that brood, I know but by report. Cold regards tossed over the sinister shoulder of a former friend, ingratitude in a beneficiary, treachery in a confidant—such things may be; but I must take somebody's word for it. Now the bridge that has carried me so well over, shall I not praise it?"

"Ingratitude to the worthy bridge not to do so. Man is a noble fellow, and in an age of satirists, I am not displeased to find one who has confidence in him, and bravely stands up for him." "Yes, I always speak a good word for man; and what is more, am always ready to do a good deed for him."

"You are a man after my own heart," responded the cosmopolitan, with a candor which lost nothing by its calmness. "Indeed," he added, "our sentiments agree so, that were they written in a book, whose was whose, few but the nicest critics might determine."

"Since we are thus joined in mind," said the stranger, "why not be joined in hand?"

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50 decree. The slaves, however, after their many years of submission, were naturally cautious; they were afraid of being defeated. Boukmann boldly informed them that soldiers were coming from France to second their revendications. And in order to give them full confidence in themselves he performed an imposing ceremony at "bois Caiman" on August 14, on the plantation of Lenormand de Mézy. On their knees, Boukmann and the conspirators, in the presence of a priestess, took solemn oaths on the reeking entrails of a wild-boar, Boukmann swearing that he would lead the rebellion, and the others to follow and obey their chief. Eight days after this "oath of blood," on the night of October 22, the slaves of the Turpin plantation, headed by Boukmann, rose to a man and gave the signal of the struggle for liberty. The slaves of the neighboring plantations hastened to respond to the call of their comrades. The grievances which had been accumulating for centuries found vent at last. In their turn the masters would be made to suffer the tortures which they had long taken pleasure in inflicting on the unfortunate blacks. In their first paroxysm of anger and


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248 "My hand is always at the service of virtue," frankly extending it to him as to virtue personified.

"And now," said the stranger, cordially retaining his hand, "you know our fashion here at the West. It may be a little low, but it is kind. Briefly, we being newly-made friends must drink together. What say you ?"

"Thank you; but indeed, you must excuse me."

"Why?"

"Because, to tell the truth, I have to-day met so many old friends, all free-hearted, convivial gentlemen, that really, really, though for the present I succeed in mastering it, I am at bottom almost in the condition of a sailor who, stepping ashore after a long voyage, ere night reels with loving welcomes, his head of less capacity than his heart."

At the allusion to old friends, the stranger's countenance a little fell, as a jealous lover's might at hearing from his sweetheart of former ones. But rallying, he said: "No doubt they treated you to something strong; but wine—surely, that gentle creature, wine; come, let us have a little gentle wine at one of these little tables here. Come, come." Then essaying to roll about like a full pipe in the sea, sang in a voice which had had more of good-fellowship, had there been less of a latent squeak to it:

The cosmopolitan, with longing eye upon him, stood as sorely tempted and wavering a moment; then,

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Rh stepping towards him, with a look of dissolved surrender, said: "When mermaid songs move figure-heads, then may glory, gold, and women try their blandishments on me. But a good fellow, singing a good song. he woos forth my every spike, so that my whole hull, like a ship's, sailing by a magnetic rock, caves in with acquiescence. Enough: when one has a heart of a certain sort, it is in vain trying to be resolute."

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text:
Talk:The Travels of Marco Polo/Book 1/Chapter 34

Marco Polo space
Hey... I was wondering if anyone could tell me how you think "space" is treated in Marco Polo? As in how is space represented? thanks!


text: Dictionary of National Biography, 1885-1900/Villiers, Edward (1656-1711)


text: Dictionary of National Biography, 1885-1900/Villiers, Elizabeth


text: Dictionary of National Biography, 1885-1900/Villiers, François Huet


text: Dictionary of National Biography, 1885-1900/Villiers, George (1592-1628)


text: Dictionary of National Biography, 1885-1900/Villiers, George (1628-1687)


text: Dictionary of National Biography, 1885-1900/Villiers, George Bussy


text: Dictionary of National Biography, 1885-1900/Villiers, George Child-


text: Dictionary of National Biography, 1885-1900/Villiers, George William Frederick


text: Dictionary of National Biography, 1885-1900/Villiers, Henry Montagu


text: Dictionary of National Biography, 1885-1900/Villiers, John (1591?-1657)


text: Dictionary of National Biography, 1885-1900/Villiers, John (1677?-1723)


text: Dictionary of National Biography, 1885-1900/Villiers, John Charles


text: Dictionary of National Biography, 1885-1900/Villiers, Thomas (1709-1786)


text: Dictionary of National Biography, 1885-1900/Villiers, Thomas Hyde


text: Dictionary of National Biography, 1885-1900/Vilvain, Robert


text: Dictionary of National Biography, 1885-1900/Vince, Samuel


text: Dictionary of National Biography, 1885-1900/Vincent, Augustine


text: Dictionary of National Biography, 1885-1900/Vincent, George


text: Dictionary of National Biography, 1885-1900/Vincent, Henry


text: Dictionary of National Biography, 1885-1900/Vincent, John Painter


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Rh revenge the rebels spared neither persons nor things. Armed with pikes, axes, knives, spears,—torch in hand,—they destroyed and exterminated everything that came in their way. Fire and death marked their passage. Jeannot, self-appointed avenger of Ogé and Chavanne, was merciless. In less than eight days 200 sugar refineries and 600 coffee plantations were reduced to ashes; the plain of the North was one immense cemetery. Jean-François, who had assumed the title of generalissimo and grand-admiral of France, led his followers to the very entrance of Cap-François. On November 14, however, they were defeated; Boukmann was made prisoner and beheaded; his body was then burnt and his head, stuck on the end of a pole, was exposed in the centre of the Place d'Armes of Cap-Français, with a sign bearing the words: "Head of Boukmann, chief of the rebels." The colonists gave no quarter. All the prisoners were at once put to death. Two wheels on which they were tied and their bones broken, and five gallows were kept constantly busy.

Whilst these events were taking place in the North, on August 26, at the Diègue plantation, the "affranchis," in pursuance of the plan adopted on the Rabuteau


text: Haiti: Her History and Her Detractors/Part I: Chapter IV


text:
The New International Encyclopædia/Rastenburg

RASTENBURG, räs'ten-bōōr K. A town in the Province of East Prussia, Prussia, on the River Guber, 64 miles southeast of Königsberg by rail (Map: Germany, J 1). It has a royal gymnasium and a sanatorium for epileptics. Among the industrial establishments are iron and brass foundries, sugar factory, flouring mills, etc. Population, in 1900, 11,144.


text:
United States Code/Title 42/Chapter 103/Section 9607

§ 9607. Liability CERCLA § 107

(a) Covered persons; scope; recoverable costs and damages; interest rate; “comparable maturity” date
Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in subsection (b) of this section—
 * (1) the owner and operator of a vessel or a facility,
 * (2) any person who at the time of disposal of any hazardous substance owned or operated any facility at which such hazardous substances were disposed of,
 * (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by such person, by any other party or entity, at any facility or incineration vessel owned or operated by another party or entity and containing such hazardous substances, and
 * (4) any person who accepts or accepted any hazardous substances for transport to disposal or treatment facilities, incineration vessels or sites selected by such person, from which there is a release, or a threatened release which causes the incurrence of response costs, of a hazardous substance, shall be liable for—
 * (A) all costs of removal or remedial action incurred by the United States Government or a State or an Indian tribe not inconsistent with the national contingency plan;
 * (B) any other necessary costs of response incurred by any other person consistent with the national contingency plan;
 * (C) damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction, or loss resulting from such a release; and
 * (D) the costs of any health assessment or health effects study carried out under section 9604 (i) of this title.

The amounts recoverable in an action under this section shall include interest on the amounts recoverable under subparagraphs (A) through (D). Such interest shall accrue from the later of
 * (i) the date payment of a specified amount is demanded in writing, or
 * (ii) the date of the expenditure concerned. The rate of interest on the outstanding unpaid balance of the amounts recoverable under this section shall be the same rate as is specified for interest on investments of the Hazardous Substance Superfund established under subchapter A of chapter 98 of title 26. For purposes of applying such amendments to interest under this subsection, the term “comparable maturity” shall be determined with reference to the date on which interest accruing under this subsection commences.

(b) Defenses
There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by—
 * (1) an act of God;
 * (2) an act of war;
 * (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (a) he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and (b) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or
 * (4) any combination of the foregoing paragraphs.

(c) Determination of amounts

 * (1) Except as provided in paragraph (2) of this subsection, the liability under this section of an owner or operator or other responsible person for each release of a hazardous substance or incident involving release of a hazardous substance shall not exceed—
 * (A) for any vessel, other than an incineration vessel, which carries any hazardous substance as cargo or residue, $300 per gross ton, or $5,000,000, whichever is greater;
 * (B) for any other vessel, other than an incineration vessel, $300 per gross ton, or $500,000, whichever is greater;
 * (C) for any motor vehicle, aircraft, hazardous liquid pipeline facility (as defined in section 60101 (a) of title 49), or rolling stock, $50,000,000 or such lesser amount as the President shall establish by regulation, but in no event less than $5,000,000 (or, for releases of hazardous substances as defined in section 9601 (14)(A) of this title into the navigable waters, $8,000,000). Such regulations shall take into account the size, type, location, storage, and handling capacity and other matters relating to the likelihood of release in each such class and to the economic impact of such limits on each such class; or
 * (D) for any incineration vessel or any facility other than those specified in subparagraph (C) of this paragraph, the total of all costs of response plus $50,000,000 for any damages under this subchapter.
 * (2) Notwithstanding the limitations in paragraph (1) of this subsection, the liability of an owner or operator or other responsible person under this section shall be the full and total costs of response and damages, if
 * (A)
 * (i) the release or threat of release of a hazardous substance was the result of willful misconduct or willful negligence within the privity or knowledge of such person, or
 * (ii) the primary cause of the release was a violation (within the privity or knowledge of such person) of applicable safety, construction, or operating standards or regulations; or
 * (B) such person fails or refuses to provide all reasonable cooperation and assistance requested by a responsible public official in connection with response activities under the national contingency plan with respect to regulated carriers subject to the provisions of title 49 or vessels subject to the provisions of title 33 or 46, subparagraph (A)(ii) of this paragraph shall be deemed to refer to Federal standards or regulations.
 * (3) If any person who is liable for a release or threat of release of a hazardous substance fails without sufficient cause to properly provide removal or remedial action upon order of the President pursuant to section 9604 or 9606 of this title, such person may be liable to the United States for punitive damages in an amount at least equal to, and not more than three times, the amount of any costs incurred by the Fund as a result of such failure to take proper action. The President is authorized to commence a civil action against any such person to recover the punitive damages, which shall be in addition to any costs recovered from such person pursuant to section 9612 (c) of this title. Any moneys received by the United States pursuant to this subsection shall be deposited in the Fund.

(d) Rendering care or advice

 * (1) In general
 * Except as provided in paragraph (2), no person shall be liable under this subchapter for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance, or advice in accordance with the National Contingency Plan (“NCP”) or at the direction of an onscene coordinator appointed under such plan, with respect to an incident creating a danger to public health or welfare or the environment as a result of any releases of a hazardous substance or the threat thereof. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person.
 * (2) State and local governments
 * No State or local government shall be liable under this subchapter for costs or damages as a result of actions taken in response to an emergency created by the release or threatened release of a hazardous substance generated by or from a facility owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the State or local government. For the purpose of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.
 * (3) Savings provision
 * This subsection shall not alter the liability of any person covered by the provisions of paragraph (1), (2), (3), or (4) of subsection (a) of this section with respect to the release or threatened release concerned.

(e) Indemnification, hold harmless, etc., agreements or conveyances; subrogation rights

 * (1) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who may be liable for a release or threat of release under this section, to any other person the liability imposed under this section. Nothing in this subsection shall bar any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this section.
 * (2) Nothing in this subchapter, including the provisions of paragraph (1) of this subsection, shall bar a cause of action that an owner or operator or any other person subject to liability under this section, or a guarantor, has or would have, by reason of subrogation or otherwise against any person.

(f) Natural resources liability; designation of public trustees of natural resources

 * (1) Natural resources liability
 * In the case of an injury to, destruction of, or loss of natural resources under subparagraph (C) of subsection (a) of this section liability shall be to the United States Government and to any State for natural resources within the State or belonging to, managed by, controlled by, or appertaining to such State and to any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation: Provided, however, That no liability to the United States or State or Indian tribe shall be imposed under subparagraph (C) of subsection (a) of this section, where the party sought to be charged has demonstrated that the damages to natural resources complained of were specifically identified as an irreversible and irretrievable commitment of natural resources in an environmental impact statement, or other comparable environment analysis, and the decision to grant a permit or license authorizes such commitment of natural resources, and the facility or project was otherwise operating within the terms of its permit or license, so long as, in the case of damages to an Indian tribe occurring pursuant to a Federal permit or license, the issuance of that permit or license was not inconsistent with the fiduciary duty of the United States with respect to such Indian tribe. The President, or the authorized representative of any State, shall act on behalf of the public as trustee of such natural resources to recover for such damages. Sums recovered by the United States Government as trustee under this subsection shall be retained by the trustee, without further appropriation, for use only to restore, replace, or acquire the equivalent of such natural resources. Sums recovered by a State as trustee under this subsection shall be available for use only to restore, replace, or acquire the equivalent of such natural resources by the State. The measure of damages in any action under subparagraph (C) of subsection (a) of this section shall not be limited by the sums which can be used to restore or replace such resources. There shall be no double recovery under this chapter for natural resource damages, including the costs of damage assessment or restoration, rehabilitation, or acquisition for the same release and natural resource. There shall be no recovery under the authority of subparagraph (C) of subsection (a) of this section where such damages and the release of a hazardous substance from which such damages resulted have occurred wholly before December 11, 1980.
 * (2) Designation of Federal and State officials
 * (A) Federal
 * The President shall designate in the National Contingency Plan published under section 9605 of this title the Federal officials who shall act on behalf of the public as trustees for natural resources under this chapter and section 1321 of title 33. Such officials shall assess damages for injury to, destruction of, or loss of natural resources for purposes of this chapter and such section 1321 of title 33 for those resources under their trusteeship and may, upon request of and reimbursement from a State and at the Federal officials’ discretion, assess damages for those natural resources under the State’s trusteeship.
 * (B) State
 * The Governor of each State shall designate State officials who may act on behalf of the public as trustees for natural resources under this chapter and section 1321 of title 33 and shall notify the President of such designations. Such State officials shall assess damages to natural resources for the purposes of this chapter and such section 1321 of title 33 for those natural resources under their trusteeship.
 * (C) Rebuttable presumption
 * Any determination or assessment of damages to natural resources for the purposes of this chapter and section 1321 of title 33 made by a Federal or State trustee in accordance with the regulations promulgated under section 9651 (c) of this title shall have the force and effect of a rebuttable presumption on behalf of the trustee in any administrative or judicial proceeding under this chapter or section 1321 of title 33.

(g) Federal agencies
For provisions relating to Federal agencies, see section 9620 of this title.

(h) Owner or operator of vessel
The owner or operator of a vessel shall be liable in accordance with this section, under maritime tort law, and as provided under section 9614 of this title notwithstanding any provision of the Act of March 3, 1851 (46 U.S.C. 183ff) or the absence of any physical damage to the proprietary interest of the claimant.

(i) Application of a registered pesticide product
No person (including the United States or any State or Indian tribe) may recover under the authority of this section for any response costs or damages resulting from the application of a pesticide product registered under the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. 136 et seq.]. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance.

(j) Obligations or liability pursuant to federally permitted release
Recovery by any person (including the United States or any State or Indian tribe) for response costs or damages resulting from a federally permitted release shall be pursuant to existing law in lieu of this section. Nothing in this paragraph shall affect or modify in any way the obligations or liability of any person under any other provision of State or Federal law, including common law, for damages, injury, or loss resulting from a release of any hazardous substance or for removal or remedial action or the costs of removal or remedial action of such hazardous substance. In addition, costs of response incurred by the Federal Government in connection with a discharge specified in section 9601 (10)(B) or (C) of this title shall be recoverable in an action brought under section 1319 (b) of title 33.

==(k) Transfer to, and assumption by, Post-Closure Liability Fund of liability of owner or operator of hazardous waste disposal facility in receipt of permit under applicable solid waste disposal law; time, criteria applicable, procedures, etc.; monitoring costs; reports==
 * (1) The liability established by this section or any other law for the owner or operator of a hazardous waste disposal facility which has received a permit under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.], shall be transferred to and assumed by the Post-closure Liability Fund established by section 9641 of this title when—
 * (A) such facility and the owner and operator thereof has complied with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] and regulations issued thereunder, which may affect the performance of such facility after closure; and
 * (B) such facility has been closed in accordance with such regulations and the conditions of such permit, and such facility and the surrounding area have been monitored as required by such regulations and permit conditions for a period not to exceed five years after closure to demonstrate that there is no substantial likelihood that any migration offsite or release from confinement of any hazardous substance or other risk to public health or welfare will occur.
 * (2) Such transfer of liability shall be effective ninety days after the owner or operator of such facility notifies the Administrator of the Environmental Protection Agency (and the State where it has an authorized program under section 3006(b) of the Solid Waste Disposal Act [42 U.S.C. 6926 (b)]) that the conditions imposed by this subsection have been satisfied. If within such ninety-day period the Administrator of the Environmental Protection Agency or such State determines that any such facility has not complied with all the conditions imposed by this subsection or that insufficient information has been provided to demonstrate such compliance, the Administrator or such State shall so notify the owner and operator of such facility and the administrator of the Fund established by section 9641 [1] of this title, and the owner and operator of such facility shall continue to be liable with respect to such facility under this section and other law until such time as the Administrator and such State determines that such facility has complied with all conditions imposed by this subsection. A determination by the Administrator or such State that a facility has not complied with all conditions imposed by this subsection or that insufficient information has been supplied to demonstrate compliance, shall be a final administrative action for purposes of judicial review. A request for additional information shall state in specific terms the data required.
 * (3) In addition to the assumption of liability of owners and operators under paragraph (1) of this subsection, the Post-closure Liability Fund established by section 9641 of this title may be used to pay costs of monitoring and care and maintenance of a site incurred by other persons after the period of monitoring required by regulations under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] for hazardous waste disposal facilities meeting the conditions of paragraph (1) of this subsection.
 * (4)
 * (A) Not later than one year after December 11, 1980, the Secretary of the Treasury shall conduct a study and shall submit a report thereon to the Congress on the feasibility of establishing or qualifying an optional system of private insurance for postclosure financial responsibility for hazardous waste disposal facilities to which this subsection applies. Such study shall include a specification of adequate and realistic minimum standards to assure that any such privately placed insurance will carry out the purposes of this subsection in a reliable, enforceable, and practical manner. Such a study shall include an examination of the public and private incentives, programs, and actions necessary to make privately placed insurance a practical and effective option to the financing system for the Post-closure Liability Fund provided in subchapter II [1] of this chapter.
 * (B) Not later than eighteen months after December 11, 1980, and after a public hearing, the President shall by rule determine whether or not it is feasible to establish or qualify an optional system of private insurance for postclosure financial responsibility for hazardous waste disposal facilities to which this subsection applies. If the President determines the establishment or qualification of such a system would be infeasible, he shall promptly publish an explanation of the reasons for such a determination. If the President determines the establishment or qualification of such a system would be feasible, he shall promptly publish notice of such determination. Not later than six months after an affirmative determination under the preceding sentence and after a public hearing, the President shall by rule promulgate adequate and realistic minimum standards which must be met by any such privately placed insurance, taking into account the purposes of this chapter and this subsection. Such rules shall also specify reasonably expeditious procedures by which privately placed insurance plans can qualify as meeting such minimum standards.
 * (C) In the event any privately placed insurance plan qualifies under subparagraph (B), any person enrolled in, and complying with the terms of, such plan shall be excluded from the provisions of paragraphs (1), (2), and (3) of this subsection and exempt from the requirements to pay any tax or fee to the Post-closure Liability Fund under subchapter II [1] of this chapter.
 * (D) The President may issue such rules and take such other actions as are necessary to effectuate the purposes of this paragraph.
 * (5) Suspension of liability transfer.— Notwithstanding paragraphs (1), (2), (3), and (4) of this subsection and subsection (j) of section 9611 of this title, no liability shall be transferred to or assumed by the Post-Closure Liability Trust Fund established by section 9641 [1] of this title prior to completion of the study required under paragraph (6) of this subsection, transmission of a report of such study to both Houses of Congress, and authorization of such a transfer or assumption by Act of Congress following receipt of such study and report.
 * (6) Study of options for post-closure program.—
 * (A) Study.— The Comptroller General shall conduct a study of options for a program for the management of the liabilities associated with hazardous waste treatment, storage, and disposal sites after their closure which complements the policies set forth in the Hazardous and Solid Waste Amendments of 1984 and assures the protection of human health and the environment.
 * (B) Program elements.— The program referred to in subparagraph (A) shall be designed to assure each of the following:
 * (i) Incentives are created and maintained for the safe management and disposal of hazardous wastes so as to assure protection of human health and the environment.
 * (ii) Members of the public will have reasonable confidence that hazardous wastes will be managed and disposed of safely and that resources will be available to address any problems that may arise and to cover costs of long-term monitoring, care, and maintenance of such sites.
 * (iii) Persons who are or seek to become owners and operators of hazardous waste disposal facilities will be able to manage their potential future liabilities and to attract the investment capital necessary to build, operate, and close such facilities in a manner which assures protection of human health and the environment.
 * (C) Assessments.— The study under this paragraph shall include assessments of treatment, storage, and disposal facilities which have been or are likely to be issued a permit under section 3005 of the Solid Waste Disposal Act [42 U.S.C. 6925] and the likelihood of future insolvency on the part of owners and operators of such facilities. Separate assessments shall be made for different classes of facilities and for different classes of land disposal facilities and shall include but not be limited to—
 * (i) the current and future financial capabilities of facility owners and operators;
 * (ii) the current and future costs associated with facilities, including the costs of routine monitoring and maintenance, compliance monitoring, corrective action, natural resource damages, and liability for damages to third parties; and
 * (iii) the availability of mechanisms by which owners and operators of such facilities can assure that current and future costs, including post-closure costs, will be financed.
 * (D) Procedures.— In carrying out the responsibilities of this paragraph, the Comptroller General shall consult with the Administrator, the Secretary of Commerce, the Secretary of the Treasury, and the heads of other appropriate Federal agencies.
 * (E) Consideration of options.— In conducting the study under this paragraph, the Comptroller General shall consider various mechanisms and combinations of mechanisms to complement the policies set forth in the Hazardous and Solid Waste Amendments of 1984 to serve the purposes set forth in subparagraph (B) and to assure that the current and future costs associated with hazardous waste facilities, including post-closure costs, will be adequately financed and, to the greatest extent possible, borne by the owners and operators of such facilities. Mechanisms to be considered include, but are not limited to—
 * (i) revisions to closure, post-closure, and financial responsibility requirements under subtitles C and I of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq., 6991 et seq.];
 * (ii) voluntary risk pooling by owners and operators;
 * (iii) legislation to require risk pooling by owners and operators;
 * (iv) modification of the Post-Closure Liability Trust Fund previously established by section 9641 [1] of this title, and the conditions for transfer of liability under this subsection, including limiting the transfer of some or all liability under this subsection only in the case of insolvency of owners and operators;
 * (v) private insurance;
 * (vi) insurance provided by the Federal Government;
 * (vii) coinsurance, reinsurance, or pooled-risk insurance, whether provided by the private sector or provided or assisted by the Federal Government; and
 * (viii) creation of a new program to be administered by a new or existing Federal agency or by a federally chartered corporation.
 * (F) Recommendations.— The Comptroller General shall consider options for funding any program under this section and shall, to the extent necessary, make recommendations to the appropriate committees of Congress for additional authority to implement such program.

(l) Federal lien

 * (1) In general
 * All costs and damages for which a person is liable to the United States under subsection (a) of this section (other than the owner or operator of a vessel under paragraph (1) of subsection (a) of this section) shall constitute a lien in favor of the United States upon all real property and rights to such property which—
 * (A) belong to such person; and
 * (B) are subject to or affected by a removal or remedial action.
 * (2) Duration
 * The lien imposed by this subsection shall arise at the later of the following:
 * (A) The time costs are first incurred by the United States with respect to a response action under this chapter.
 * (B) The time that the person referred to in paragraph (1) is provided (by certified or registered mail) written notice of potential liability.
 * Such lien shall continue until the liability for the costs (or a judgment against the person arising out of such liability) is satisfied or becomes unenforceable through operation of the statute of limitations provided in section 9613 of this title.
 * (3) Notice and validity
 * The lien imposed by this subsection shall be subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is perfected under applicable State law before notice of the lien has been filed in the appropriate office within the State (or county or other governmental subdivision), as designated by State law, in which the real property subject to the lien is located. Any such purchaser, holder of a security interest, or judgment lien creditor shall be afforded the same protections against the lien imposed by this subsection as are afforded under State law against a judgment lien which arises out of an unsecured obligation and which arises as of the time of the filing of the notice of the lien imposed by this subsection. If the State has not by law designated one office for the receipt of such notices of liens, the notice shall be filed in the office of the clerk of the United States district court for the district in which the real property is located. For purposes of this subsection, the terms “purchaser” and “security interest” shall have the definitions provided under section 6323 (h) of title 26.
 * (4) Action in rem
 * The costs constituting the lien may be recovered in an action in rem in the United States district court for the district in which the removal or remedial action is occurring or has occurred. Nothing in this subsection shall affect the right of the United States to bring an action against any person to recover all costs and damages for which such person is liable under subsection (a) of this section.

(m) Maritime lien
All costs and damages for which the owner or operator of a vessel is liable under subsection (a)(1) of this section with respect to a release or threatened release from such vessel shall constitute a maritime lien in favor of the United States on such vessel. Such costs may be recovered in an action in rem in the district court of the United States for the district in which the vessel may be found. Nothing in this subsection shall affect the right of the United States to bring an action against the owner or operator of such vessel in any court of competent jurisdiction to recover such costs.

(n) Liability of fiduciaries

 * (1) In general
 * The liability of a fiduciary under any provision of this chapter for the release or threatened release of a hazardous substance at, from, or in connection with a vessel or facility held in a fiduciary capacity shall not exceed the assets held in the fiduciary capacity.
 * (2) Exclusion
 * Paragraph (1) does not apply to the extent that a person is liable under this chapter independently of the person’s ownership of a vessel or facility as a fiduciary or actions taken in a fiduciary capacity.
 * (3) Limitation
 * Paragraphs (1) and (4) do not limit the liability pertaining to a release or threatened release of a hazardous substance if negligence of a fiduciary causes or contributes to the release or threatened release.
 * (4) Safe harbor
 * A fiduciary shall not be liable in its personal capacity under this chapter for—
 * (A) undertaking or directing another person to undertake a response action under subsection (d)(1) of this section or under the direction of an on scene coordinator designated under the National Contingency Plan;
 * (B) undertaking or directing another person to undertake any other lawful means of addressing a hazardous substance in connection with the vessel or facility;
 * (C) terminating the fiduciary relationship;
 * (D) including in the terms of the fiduciary agreement a covenant, warranty, or other term or condition that relates to compliance with an environmental law, or monitoring, modifying or enforcing the term or condition;
 * (E) monitoring or undertaking 1 or more inspections of the vessel or facility;
 * (F) providing financial or other advice or counseling to other parties to the fiduciary relationship, including the settlor or beneficiary;
 * (G) restructuring, renegotiating, or otherwise altering the terms and conditions of the fiduciary relationship;
 * (H) administering, as a fiduciary, a vessel or facility that was contaminated before the fiduciary relationship began; or
 * (I) declining to take any of the actions described in subparagraphs (B) through (H).
 * (5) Definitions
 * As used in this chapter:
 * (A) Fiduciary
 * The term “fiduciary”—
 * (i) means a person acting for the benefit of another party as a bona fide—
 * (I) trustee;
 * (II) executor;
 * (III) administrator;
 * (IV) custodian;
 * (V) guardian of estates or guardian ad litem;
 * (VI) receiver;
 * (VII) conservator;
 * (VIII) committee of estates of incapacitated persons;
 * (IX) personal representative;
 * (X) trustee (including a successor to a trustee) under an indenture agreement, trust agreement, lease, or similar financing agreement, for debt securities, certificates of interest or certificates of participation in debt securities, or other forms of indebtedness as to which the trustee is not, in the capacity of trustee, the lender; or
 * (XI) representative in any other capacity that the Administrator, after providing public notice, determines to be similar to the capacities described in subclauses (I) through (X); and
 * (ii) does not include—
 * (I) a person that is acting as a fiduciary with respect to a trust or other fiduciary estate that was organized for the primary purpose of, or is engaged in, actively carrying on a trade or business for profit, unless the trust or other fiduciary estate was created as part of, or to facilitate, 1 or more estate plans or because of the incapacity of a natural person; or
 * (II) a person that acquires ownership or control of a vessel or facility with the objective purpose of avoiding liability of the person or of any other person.
 * (B) Fiduciary capacity
 * The term “fiduciary capacity” means the capacity of a person in holding title to a vessel or facility, or otherwise having control of or an interest in the vessel or facility, pursuant to the exercise of the responsibilities of the person as a fiduciary.
 * (6) Savings clause
 * Nothing in this subsection—
 * (A) affects the rights or immunities or other defenses that are available under this chapter or other law that is applicable to a person subject to this subsection; or
 * (B) creates any liability for a person or a private right of action against a fiduciary or any other person.
 * (7) No effect on certain persons
 * Nothing in this subsection applies to a person if the person—
 * (A)
 * (i) acts in a capacity other than that of a fiduciary or in a beneficiary capacity; and
 * (ii) in that capacity, directly or indirectly benefits from a trust or fiduciary relationship; or
 * (B)
 * (i) is a beneficiary and a fiduciary with respect to the same fiduciary estate; and
 * (ii) as a fiduciary, receives benefits that exceed customary or reasonable compensation, and incidental benefits, permitted under other applicable law.
 * (8) Limitation
 * This subsection does not preclude a claim under this chapter against—
 * (A) the assets of the estate or trust administered by the fiduciary; or
 * (B) a nonemployee agent or independent contractor retained by a fiduciary.

(o) De micromis exemption

 * (1) In general
 * Except as provided in paragraph (2), a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under this chapter if liability is based solely on paragraph (3) or (4) of subsection (a) of this section, and the person, except as provided in paragraph (4) of this subsection, can demonstrate that—
 * (A) the total amount of the material containing hazardous substances that the person arranged for disposal or treatment of, arranged with a transporter for transport for disposal or treatment of, or accepted for transport for disposal or treatment, at the facility was less than 110 gallons of liquid materials or less than 200 pounds of solid materials (or such greater or lesser amounts as the Administrator may determine by regulation); and
 * (B) all or part of the disposal, treatment, or transport concerned occurred before April 1, 2001.
 * (2) Exceptions
 * Paragraph (1) shall not apply in a case in which—
 * (A) the President determines that—
 * (i) the materials containing hazardous substances referred to in paragraph (1) have contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility; or
 * (ii) the person has failed to comply with an information request or administrative subpoena issued by the President under this chapter or has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility; :or
 * (B) a person has been convicted of a criminal violation for the conduct to which the exemption would apply, and that conviction has not been vitiated on appeal or otherwise.
 * (3) No judicial review
 * A determination by the President under paragraph (2)(A) shall not be subject to judicial review.
 * (4) Nongovernmental third-party contribution actions
 * In the case of a contribution action, with respect to response costs at a facility on the National Priorities List, brought by a party, other than a Federal, State, or local government, under this chapter, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraph (1)(A) and (B) of this subsection are not met.

(p) Municipal solid waste exemption

 * (1) In general
 * Except as provided in paragraph (2) of this subsection, a person shall not be liable, with respect to response costs at a facility on the National Priorities List, under paragraph (3) of subsection (a) of this section for municipal solid waste disposed of at a facility if the person, except as provided in paragraph (5) of this subsection, can demonstrate that the person is—
 * (A) an owner, operator, or lessee of residential property from which all of the person’s municipal solid waste was generated with respect to the facility;
 * (B) a business entity (including a parent, subsidiary, or affiliate of the entity) that, during its 3 taxable years preceding the date of transmittal of written notification from the President of its potential liability under this section, employed on average not more than 100 full-time individuals, or the equivalent thereof, and that is a small business concern (within the meaning of the Small Business Act (15 U.S.C. 631 et seq.)) from which was generated all of the municipal solid waste attributable to the entity with respect to the facility; or
 * (C) an organization described in section 501 (c)(3) of title 26 and exempt from tax under section 501(a) of such title that, during its taxable year preceding the date of transmittal of written notification from the President of its potential liability under this section, employed not more than 100 paid individuals at the location from which was generated all of the municipal solid waste attributable to the organization with respect to the facility.
 * For purposes of this subsection, the term “affiliate” has the meaning of that term provided in the definition of “small business concern” in regulations promulgated by the Small Business Administration in accordance with the Small Business Act (15 U.S.C. 631 et seq.).
 * (2) Exception
 * Paragraph (1) shall not apply in a case in which the President determines that—
 * (A) the municipal solid waste referred to in paragraph (1) has contributed significantly or could contribute significantly, either individually or in the aggregate, to the cost of the response action or natural resource restoration with respect to the facility;
 * (B) the person has failed to comply with an information request or administrative subpoena issued by the President under this chapter; or
 * (C) the person has impeded or is impeding, through action or inaction, the performance of a response action or natural resource restoration with respect to the facility.
 * (3) No judicial review
 * A determination by the President under paragraph (2) shall not be subject to judicial review.
 * (4) Definition of municipal solid waste
 * (A) In general
 * For purposes of this subsection, the term “municipal solid waste” means waste material—
 * (i) generated by a household (including a single or multifamily residence); and
 * (ii) generated by a commercial, industrial, or institutional entity, to the extent that the waste material—
 * (I) is essentially the same as waste normally generated by a household;
 * (II) is collected and disposed of with other municipal solid waste as part of normal municipal solid waste collection services; and
 * (III) contains a relative quantity of hazardous substances no greater than the relative quantity of hazardous substances contained in waste material generated by a typical single-family household.
 * (B) Examples
 * Examples of municipal solid waste under subparagraph (A) include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, elementary or secondary school science laboratory waste, and household hazardous waste.
 * (C) Exclusions
 * The term “municipal solid waste” does not include—
 * (i) combustion ash generated by resource recovery facilities or municipal incinerators; or
 * (ii) waste material from manufacturing or processing operations (including pollution control operations) that is not essentially the same as waste normally generated by households.
 * (5) Burden of proof
 * In the case of an action, with respect to response costs at a facility on the National Priorities List, brought under this section or section 9613 of this title by—
 * (A) a party, other than a Federal, State, or local government, with respect to municipal solid waste disposed of on or after April 1, 2001; or
 * (B) any party with respect to municipal solid waste disposed of before April 1, 2001, the burden of proof shall be on the party bringing the action to demonstrate that the conditions described in paragraphs (1) and (4) for exemption for entities and organizations described in paragraph (1)(B) and ::(C) are not met.
 * (6) Certain actions not permitted
 * No contribution action may be brought by a party, other than a Federal, State, or local government, under this chapter with respect to circumstances described in paragraph (1)(A).
 * (7) Costs and fees
 * A nongovernmental entity that commences, after January 11, 2002, a contribution action under this chapter shall be liable to the defendant for all reasonable costs of defending the action, including all reasonable attorney’s fees and expert witness fees, if the defendant is not liable for contribution based on an exemption under this subsection or subsection (o) of this section.

(q) Contiguous properties

 * (1) Not considered to be an owner or operator
 * (A) In general
 * A person that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a release or threatened release of a hazardous substance from, real property that is not owned by that person shall not be considered to be an owner or operator of a vessel or facility under paragraph (1) or (2) of subsection (a) of this section solely by reason of the contamination if—
 * (i) the person did not cause, contribute, or consent to the release or threatened release;
 * (ii) the person is not—
 * (I) potentially liable, or affiliated with any other person that is potentially liable, for response costs at a facility through any direct or indirect familial relationship or any contractual, corporate, or financial relationship (other than a contractual, corporate, or financial relationship that is created by a contract for the sale of goods or services); or
 * (II) the result of a reorganization of a business entity that was potentially liable;
 * (iii) the person takes reasonable steps to—
 * (I) stop any continuing release;
 * (II) prevent any threatened future release; and
 * (III) prevent or limit human, environmental, or natural resource exposure to any hazardous substance released on or from property owned by that person;
 * (iv) the person provides full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration at the vessel or facility from which there has been a release or threatened release (including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the vessel or facility);
 * (v) the person—
 * (I) is in compliance with any land use restrictions established or relied on in connection with the response action at the facility; and
 * (II) does not impede the effectiveness or integrity of any institutional control employed in connection with a response action;
 * (vi) the person is in compliance with any request for information or administrative subpoena issued by the President under this chapter;
 * (vii) the person provides all legally required notices with respect to the discovery or release of any hazardous substances at the facility; and
 * (viii) at the time at which the person acquired the property, the person—
 * (I) conducted all appropriate inquiry within the meaning of section 9601 (35)(B) of this title with respect to the property; and
 * (II) did not know or have reason to know that the property was or could be contaminated by a release or threatened release of one or more hazardous substances from other real property not owned or operated by the person.
 * (B) Demonstration
 * To qualify as a person described in subparagraph (A), a person must establish by a preponderance of the evidence that the conditions in clauses (i) through (viii) of subparagraph (A) have been met.
 * (C) Bona fide prospective purchaser
 * Any person that does not qualify as a person described in this paragraph because the person had, or had reason to have, knowledge specified in subparagraph (A)(viii) at the time of acquisition of the real property may qualify as a bona fide prospective purchaser under section 9601 (40) of this title if the person is otherwise described in that section.
 * (D) Ground water
 * With respect to a hazardous substance from one or more sources that are not on the property of a person that is a contiguous property owner that enters ground water beneath the property of the person solely as a result of subsurface migration in an aquifer, subparagraph (A)(iii) shall not require the person to conduct ground water investigations or to install ground water remediation systems, except in accordance with the policy of the Environmental Protection Agency concerning owners of property containing contaminated aquifers, dated May 24, 1995.
 * (2) Effect of law
 * With respect to a person described in this subsection, nothing in this subsection—
 * (A) limits any defense to liability that may be available to the person under any other provision of law; or
 * (B) imposes liability on the person that is not otherwise imposed by subsection (a) of this section.
 * (3) Assurances
 * The Administrator may—
 * (A) issue an assurance that no enforcement action under this chapter will be initiated against a person described in paragraph (1); and
 * (B) grant a person described in paragraph (1) protection against a cost recovery or contribution action under section 9613 (f) of this title.

(r) Prospective purchaser and windfall lien

 * (1) Limitation on liability
 * Notwithstanding subsection (a)(1) of this section, a bona fide prospective purchaser whose potential liability for a release or threatened release is based solely on the purchaser’s being considered to be an owner or operator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration.
 * (2) Lien
 * If there are unrecovered response costs incurred by the United States at a facility for which an owner of the facility is not liable by reason of paragraph (1), and if each of the conditions described in paragraph (3) is met, the United States shall have a lien on the facility, or may by agreement with the owner, obtain from the owner a lien on any other property or other assurance of payment satisfactory to the Administrator, for the unrecovered response costs.
 * (3) Conditions
 * The conditions referred to in paragraph (2) are the following:
 * (A) Response action
 * A response action for which there are unrecovered costs of the United States is carried out at the facility.
 * (B) Fair market value
 * The response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated.
 * (4) Amount; duration
 * A lien under paragraph (2)—
 * (A) shall be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property;
 * (B) shall arise at the time at which costs are first incurred by the United States with respect to a response action at the facility;
 * (C) shall be subject to the requirements of subsection (l)(3) of this section; and
 * (D) shall continue until the earlier of—
 * (i) satisfaction of the lien by sale or other means; or
 * (ii) notwithstanding any statute of limitations under section 9613 of this title, recovery of all response costs incurred at the facility.


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52, took up arms and declared themselves in revolt, with Beauvais at their head. The first encounter took place at the Néret plantation. The whites were defeated; they fled in disorder. From Port-au-Prince troops and artillery were then despatched. A bloody battle was fought on the Pernier plantation. The whites were again defeated, and fled, abandoning their guns, which fell into the hands of the "affranchis." Beauvais then marched with his army to Trou-Caiman, which was fortified. These two defeats made it clear to the whites that on the battlefield at least the blacks and mulattoes were not their inferiors. Genuinely alarmed by the simultaneous uprising of the slaves and the "affranchis," the wealthy planters thought that the time had come to sever their relations with France. They sought England's protection and sent to Jamaica for help. The English did not deem that things were ripe for action; in consequence they refused to intervene. Left to themselves, the wealthy planters of Port-au-Prince, in fear of the devastation which had befallen the plain of the North, made up their minds to come to an agreement with the colored men. On October 23, a treaty of peace was signed at the Damiens plantation. By this concordat it was agreed that the "affranchis" would be admitted, on a footing of perfect equality with the whites, in all the assemblies, even in the Colonial Assembly; the sentence against Ogé and his companions would be held in execration and the memory of these martyrs rehabilitated; a solemn mass would be celebrated in all the churches of the Western "département" for these victims, and proper indemnity paid to their widows and children. When, in pursuance of the treaty of Damiens, the army of colored men entered Port-au-Prince on October 24, Beauvais, its general, and Caradeux, the most aggressive of the planters of Saint-Domingue and commander-in-chief of the militia of the Western "département," were to be seen marching along arm in arm. In the Artibonite the whites had also signed, on


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The New International Encyclopædia/Rat

RAT (AS. raett, OHG. ratto, Ger. Ratte, Fr., Prov. rat, It. ratto, rat; of uncertain etymology). Any of the larger rodents of the genus Mus. (See .) Two species are very widely distributed over the world — the black rat (Mus rattus) and the brown rat (Mus decumanus). Both appear to be natives of Central Asia. The black rat found its way to Europe about the beginning of the 16th century, but the brown rat did not reach England until about 1728. The British Jacobites were accustomed to delight themselves with the notion that it came with the House of Hanover,

and chose to call it the ‘Hanoverian rat.’ It also received the name of ‘Norway rat,’ from a belief that it was introduced from Norway. The date of introduction into America is very doubtful, but the black or Alexandrine rat seems to have come first, and has been gradually driven westward by its large and more savage cousin. The brown rat is the larger and more powerful of the two, and has waged war against the other with such success as to cause its total, or almost total, disappearance from many districts where it was once abundant, yet in some places the black rat is still the more plentiful of the two. Both infest ships, and are thus conveyed to the most distant parts of the world, and both are ‘wharf rats.’

The black rat is nearly 7½ inches in length, exclusive of the long tail. The brown rat attains a length of more than 10½ inches. Besides its large size and comparative shortness of tail, it differs from the black rat in its smaller ears and less acute muzzle, as well as in its lighter color and shorter hair. Both species are extremely prolific, breeding at a very early age, several times in a year, and producing from 10 to 14 at a birth.

Rats feed indiscriminately on almost any kind of animal or vegetable food; they make depredations in fields of grain and pulse, from which they often carry off large quantities to be stored in their holes, and thus have become a serious pest in the West Indian sugar plantations. They devour eggs; they kill poultry, partridges, and the like, and become a pest of ill-kept dwellings and storehouses. Their strong rodent teeth enable them to gnaw very hard substances, such as wood and lead pipes, either for food or in order to make their way to food. They are creatures of no little intelligence, and many curious stories are told of the arts which they employ to attain desired objects, of the readiness with which they detect the approach of danger, and the skill with which they avoid it. Under certain circumstances they undertake migrations in large companies. Their sense of smell is very acute, and the professional rat-catcher is very careful that the smell of his hands shall not be perceived on the trap. They are capable of being tamed, and have in some instances proved interesting pets.

The flesh of rats is seldom eaten. The skin is used for making a fine kind of glove-leather. During the prevalence of the bubonic plague in India, Australia, and Cape Colony, in the latter part of the nineteenth century, it was ascertained that there was a direct connection between the prevalence of the disease and the abundance of rats, and it was shown that the rats were themselves liable to the plague, and myriads perished from it. Investigation showed that the fleas, with which rats are infested, are hosts for the plague germ, and that thus rats unwittingly served as an important means for spreading the disease. Measures were taken, in consequence, to kill them in the ports of India in large numbers.

title: The New International Encyclopædia/Rat


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Rh 22, a concordat with the colored men of Saint-Marc who had taken up arms under the leadership of Savary. Everywhere the blacks and mulattoes were victorious. They believed that they had at last acquired their political rights. Whilst the "affranchis" were deluding themselves with the brightest hopes, their enemies in France did not remain inactive. Their intrigues were carried on with such success that on September 24, 1791, the Constituent Assembly adopted a decree stating that "all laws concerning the position of persons without their freedom, and the state of free colored men and blacks, as well as the regulations for the execution of such laws, would be passed by the now existing and the future Colonial Assemblies. … "

This untimely decree put an end to all the advantages which the "affranchis" had just secured by main force. Henceforth their fate depended on the Colonial Assembly, which was in session at Cap-Français since August 9; on that very assembly whose arrogance and hostility toward the black race were well-known facts. As soon as the colonists of Port-au-Prince became aware of this decree they did not fail to find a pretext for refusing to ratify the treaty of Damiens. On the morning of November 21 a black man by the name of Scapin, a drummer in Beauvais's army, had a quarrel with a white soldier; for this he was flogged and afterward hanged by the whites. Valmé, a colored lieutenant, lost no time in avenging Scapin's death by killing a white artilleryman. This was sufficient cause to rekindle the strife. Both sides took up arms again. After a bloody fight, Beauvais, at the head of his army, marched to La Croix-des-Bouquets. Port-au-Prince was on fire. The whites availed themselves of the opportunity afforded by the disorder and confusion which ensued, to massacre all the "affranchis" of whatever age or sex which they met on their way. More than 2,000 mulattresses were put to death. A white man


text:
The New International Encyclopædia/Ratafia

RATAFIA (Fr. ratafia, from Malay araq, from Ar. ‘araq, arrack, from ‘araqa, to sweat + Malay tāfĭa, spirits distilled from molasses, Eng. taffy). A cordial flavored with fruits or the kernels of fruits. The name is used generically to include several varieties of fruit liqueurs. Procope, the ancient master distiller of Paris, includes under this term liqueurs, or syrups as we

should say, of cherries, strawberries, gooseberries, apricots, peaches, and other fruits. He it was who first proposed the pressure of the fruits without infusing them entire. Some years afterwards Breard, one of the chiefs of the fruitery of Louis XIV., gave these (white) liqueurs the name Hypoteques, to distinguish them from other ratafias. Consult Mew and Ashton, Drinks of the World (New York, 1892). See.


text: 1911 Encyclopædia Britannica/Dodecahedron


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54 called Larousse killed Madame Beaulieu, a colored woman who was in an advanced state of pregnancy; he opened her abdomen, tore out the child, and threw it into the fire. The blacks and mulattoes were in a great state of indignation over these atrocities. Their one desire was for vengeance. André Rigaud, who had left for the South, was as not long in returning at the head of a strong army, which he marched as far as Martissant, where he encamped. On the other side, Beauvais besieged Port-au-Prince on the north and on the east. The water supply was cut off. The whole southern portion of the island was in arms. At Trou Coffin in the neighborhood of Léogane, a Spanish mulatto known as "Romaine-la-Prophétesse" had gathered a large band of followers. He pretended that he had had frequent apparitions of the Blessed Virgin, and in this way he acquired a great amount of influence over his companions. In the North the slaves were still in arms, their overtures for peace having been contemptuously rejected by the whites. Such was the situation of the colony when, on November 28, 1791, the first Civil Commissioners, Mirbeck, Roume, and Saint-Léger, arrived at Cap-Français. They had been instructed to restore peace in Saint-Domingue and to enforce the enactment of the Decree of September 24. They tried in vain to restore peace in the island. The arrogant Colonial Assembly of Cap-Français, to which the Decree of September 24 had given special powers, thwarted all their good intentions. The "affranchis" knew only too well the futility of expecting any concessions on the part of the planters; they decided to support the Civil Commissioners, hoping that their assistance would secure for them the recognition of their political rights. On the arrival of Saint-Léger at Port-au-Prince (January, 1792), the


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Rh leaders of the colored army which was besieging the town immediately requested an interview with him. They showed the greatest deference to the agent of the metropolis. Complying with his request they allowed the city to be revictualed. And in order to entirely win him over, they agreed even to raise the siege: they accordingly returned to La Croix-des-Bouquets. The whites of Port-au-Prince, highly displeased with Saint-Léger on account of his good disposition toward the colored men, refused to assist him in the repression of the crimes which the followers of "Roumaine-la-Prophétesse" were committing in the plain of Léogane. The "affranchis"' very cleverly profited by this opportunity to make themselves useful: Beauvais and Pinchinat placed a body of 100 soldiers at the disposal of the Civil Commissioner. Whilst Saint-Léger was at Léogane endeavoring to restore harmony and concord between the colored men and the whites, the planters of Port-au-Prince tried to surprise the army of the "affranchis" quartered at La Croix-des-Bouquets. Being warned in time of the approach of the troops despatched against them, Beauvais and his companions retreated into the mountains of Grand-Bois and Pensez-y-Bien. Incensed by the perfidy of the whites, the "affranchis," who up to that time had been very moderate, resorted to radical measures: they roused the slaves of the Cul-de-Sac plain to rebellion. Headed by Hyacinthe, an intelligent and gallant black, these slaves attacked the colonists at La-Croix-des-Bouquets, defeated them and pursued them as far as the neighborhood of Port-au-Prince, which was again besieged (April, 1792). In the South the struggle still continued between the "affranchis" and the whites; the latter, in order to rid themselves of their foes, called upon their slaves to arm themselves in order to render them assistance.


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The New International Encyclopædia/Rate (ship)

RATE (OF. rate, from ML. rata, fem. sg. of Lat. ratus, fixed, settled, p.p. of reri, to think). In the United States Navy the titles of petty officers are termed rates or ratings, which are synonymous with rank as applied to a commissioned or warrant officer. Ships of this navy are by law divided into classes called rates. Vessels of the first rate have a displacement tonnage in excess of 8000 tons; second rate, from 4000 to 8000 tons; third rate, from 1000 to 4000 tons; and fourth rate, of less than 1000 tons. Converted merchant vessels which are armed and equipped as cruisers are of the second rate if of over 6000 tons, and of the third rate if of over 1000 and less than 6000 tons. Auxiliary vessels such as colliers, supply vessels, repair ships, etc., if of over 4000 tons, are of the third rate. Auxiliary vessels of less than 4000 tons — except tugs, sailing ships, and receiving ships which are not rated — are of the fourth rate. Torpedo-boat destroyers, torpedo boats, and similar vessels are not rated. Ships of the first rate are commanded by captains; of the second rate, by captains or commanders; of the third rate, by commanders or lieutenant-commanders; of the fourth rate, by lieutenant-commanders or lieutenants. Vessels not rated are commanded by lieutenant-commanders, lieutenants, ensigns, or warrant officers.


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56 In the North the slaves who had broken into rebellion tried in vain to make peace. Toussaint, who was not yet known by the name of Louverture, had given the first proof of his perspicacity. Sent to Cap-Français under a flag of truce he was not long in finding out that the Civil Commissioners possessed in reality no power, and that the Colonial Assembly was the supreme authority. Through his advice all parleys were put an end to. Exposed to the anger of the wealthy planters, hindered by their limited powers and foreseeing grave dangers for the colony, the Civil Commissioners decided to return to France. On April 1, 1792, Mirbeck left Cap-Français; on the 3rd of the same month Saint-Léger sailed from Saint-Marc. Roume, however, remained in Saint-Domingue. Whilst the foregoing events were taking place in the island of Saint-Domingue, the Constituent Assembly in France had been replaced by the Legislative Assembly. The liberal and generous ideas of the "Girondins" were destined to have a decided influence on the future of the "affranchis." The latter won their first victory at the beginning of December. A decree adopted on the 7th of the same month forbade the use, against the colored men, of the soldiers sent out to the colony. Shortly after this the Legislative Assembly granted to the "affranchis" the equality of political rights for the possession of which so much blood had been shed in Saint Domingue. On March 28, 1792, a decree, approved by the King on April 4, was enacted stating that henceforth free blacks and mulattoes were to have the same political rights as the white colonists; and that, in consequence, they were entitled to participate in the election of the assemblies, to which they were also eligible. Another decree, passed on the 15th and approved on the 22d of June, vested special powers in the Civil Commissioners: instead of being dependent on the Colonial Assembly they were authorized to dissolve that body as well as the other assemblies which


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Rh were made use of by the colonists so as to undermine the authority of the agents of the mother country. The Decree of March 28 (better known as the Decree of April 4) was received at Saint-Domingue on May 28. Roume, whose powers had been greatly increased, hastened to have it enrolled by the Colonial Assembly of Cap-Français. With the cooperation of Governor de Blanchelande he decided to subdue the colonists of Port-au-Prince. The "affranchis" gladly tendered their assistance. The colored men of Saint-Marc escorted the Civil Commissioner to La Croix-des-Bouquets (June 20). Soon after Beauvais and Rigaud reoccupied Port-au-Prince (July 5). The slaves of La Croix-des-Bouquets, l'Arcahaye, and the Cul-de-Sac plain resumed their work. Freedom, however, was granted to 144 of them upon their agreeing to serve for five years in the gendarmery and to help in maintaining order on the plantations. Whilst Roume was doing his utmost to restore peace at Port-au-Prince, Governor de Blanchelande had gone to Jérémie, accompanied by André Rigaud. The whites of La Grand 'Anse had flatly refused to accept the Decree of April 4. After defeating the colored men, many of the prisoners taken were put to death; the rest were kept in chains on prison-ships in the harbor of Jérémie; among these were even old men, women, and children. The most that Blanchelande could obtain for them was that they be sent to Cap-Français. Satisfied with this relative success he left for Aux Cayes, where he failed in his campaign against the rebellious slaves intrenched at Platons. Disheartened by his defeat he went back to Cap-Français. André Rigaud succeeded in pacifying the rebellious slaves by freeing 700 of them.

Success had at last crowned the efforts of the "affranchis"; by force of arms, blacks and mulattoes had acquired the exercise of their political rights. In the West and in the South more than 1,000 slaves had obtained their freedom. The first blow had been struck at the colonial system!


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Sonthonax, Polvérel, and Ailaud, the new Civil Commissioners appointed by France, arrived at Cap-Français on September 18, 1792. They were accompanied by 6,000 soldiers and by General d'Esparbès, the new Governor-General of the island. The "affranchis," who had already gathered imposing forces, were well prepared to protect and defend by force of arms the rights granted to them by the Decree of April 4, 1792. Their cause was henceforth inseparable from that of the French Revolution. Their assistance was therefore pledged beforehand to the new agents of the mother country. The condition of the island at this time was not reassuring. In the North the colonists were inflicting punishments of the severest kind on the slaves taken prisoners, without succeeding in quelling the rebellion. In the West and in the South the whites and the "affranchis" were carefully watching each other: symptoms of unrest were rampant. Owing to the want of security resulting, agriculture was neglected and many colonists had left the country. The Civil Commissioners had hardly become settled when news of the momentous events of August 10 reached Saint-Domingue. The arrest and deposing of


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Rh Louis XVI furnished the colonists with a pretext for renewing the struggle. The Colonial Assembly tried to stir up the people with a view of getting rid of Sonthonax, Polvérel, and Ailaud. These latter frustrated the plan by taking energetic steps: by an order on October 12 they dissolved the Assembly of Cap-Français and all the other popular assemblies. In place of the Colonial Assembly they organized what was called the "Commission intermédiaire" (Intermediary Committee), consisting of twelve members: six whites and six colored men. Thus for the first time the representatives of the black race sat, in a political body, by the side of the arrogant colonists who formerly had had naught but contempt for them. Pinchinat, Jacques Borno, Louis Boisrond, François Raymond, Castaing, and Latortue were the first "affranchis" officially admitted to the honor of participating in the administration of the colony. The colored men did not content themselves with belonging simply to the Intermediary Committee, they took a large part in the organization of the municipalities; they even held public offices. Civil and political equality was henceforth an accomplished fact. But much blood was still to be shed; and the black race was to struggle heroically and successfully to preserve forever an advantage for the winning of which so many lives had been sacrificed. The pride of the colonists suffered greatly; it seemed impossible for them to accept such a situation. At Cap-Français they plotted a conspiracy, in which even the new Governor-General, d'Esparbès, took part. The Civil Commissioners were able to prevent disturbances only by resorting to extraordinary measures. Assured of the devotedness of the colored men, they proceeded without hesitation to arrest General d'Esparbès and forty white officers, all of whom were taken on board and kept as prisoners in the harbor of Cap-Français. General Rochambeau became acting Governor-General. For a while the firm attitude of the Civil Commissioners preserved peace. They thought that they could now safely look after the welfare of the various


text: 1911 Encyclopædia Britannica/Dodwell, Edward


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The New International Encyclopædia/Rate (taxes)

RATE. The term applied to the taxes assessed and collected by local authorities in England. The objects subject to taxation being assessed, a ‘rate’ is fixed sufficient to bring in the needed income. The taxes being imposed by various administrative bodies such as the counties, or poor law districts, we find frequent references to ‘county rates,’ ‘poor rates,’ etc. As the entire revenue of local bodies rests upon this basis, the term rate is frequently used by English writers as synonymous with direct taxation, other forms of taxation being designated customs, duties, imposts, etc. The distinctions here noted are not in use in the practice of American communities or in the writings of American authors upon taxation.


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60. Polvérel left for the West and Ailaud for the South. Sonthonax remained at Cap-Français with the Intermediary Committee. Instead of going to Aux Caves, Ailaud, alarmed by the existing state of things, abandoned his post and returned to France. Sonthonax therefore went South in his place. In January, 1793, he had barely finished expelling from Platons the rebellious slaves of the plain of Cayes, when grave events compelled him to leave the South. Fighting had already taken place in the streets of Cap-Français (December 2, 1792): a body of white soldiers had refused to acknowledge the authority of a colored officer appointed to command them; they mutinied. A few colonists and the sailors of the men-of-war hastened to side with the white soldiers. They attacked the battalion of colored men, who, after a fierce defense, were compelled to yield to the superior forces of their opponents; they withdrew to Haut-du-Cap, where they took possession of the artillery. On his arrival at Cap-Français, Sonthonax arrested and embarked the most important factionists. The colored soldiers agreed then to return to Cap-Français; they were welcomed with great honor: the Civil Commissioner, the acting Governor, the Intermediary Committee, and the municipality all went to meet them. This reception irritated the colonists of Cap-Français, and more especially those of Port-au-Prince. The latter, in order to avenge what they considered as a humiliation put upon the white race, plotted the expulsion of the Civil Commissioners and the extermination of the colored men when the agents of France would be no longer in the island to protect them.

For a while they forgot their own differences and united firmly against their common enemy. In their turn they succeeded in stirring up against the colored men the slaves of "Fond-Parisien" and of the Cul-de-Sac plain. The revolt broke out on January 23, 1793. Thirty-three plantations belonging to colored men were reduced to ashes. Emboldened by their success the wealthy planters of Port-au-Prince, headed by Auguste


text: Haiti: Her History and Her Detractors/Part I: Chapter V


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The New International Encyclopædia/Ratel

RATEL (Fr., diminutive of rat, rat), or . A badger-like animal of South Africa. See.


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Rh Borel, arrested General Lasalle, then acting Governor. Rochambeau had been sent to Martinique. General Lasalle succeeded in making his escape; he went to Saint-Marc, where Sonthonax had already arrived; Polvérel soon joined them. The colored men hastened to render to the Civil Commissioners all the assistance in their power. A strong army marched against Port-au-Prince. After a hard and desperate straggle the town surrendered. Beauvais was appointed commander-in-chief of the militia of the West; and a body of regular troops, "the Legion of Equality," was organized, with the mulatto Antoine Chanlatte as its colonel. Their authority once more established in Port-au-Prince, Polvérel and Sonthonax tried to subdue La Grand'Anse. For this purpose they despatched a delegation accompanied by 1200 soldiers under the command of André Rigaud. The colonists of that portion of Saint-Domingue had gradually rid themselves of the control of the agents appointed by France; they had elected an Administrative Council at Jérémie, which voted even taxes. They had armed their slaves and placed at their head a black man by the name of Jean Kina. Aided by them they had succeeded in expelling from their "département" all the "affranchis," blacks and mulattoes. The army of the colonists was intrenched at Desrivaux. André Rigaud attacked it on June 19, 1793. He was completely defeated. After their victory the whites of La Grand'Anse transformed their Administrative Council into a Council of Safety and Execution (Conseil de Sûreté et d'Exécution), which they vested with extraordinary powers. In the mean time, the greatest excitement was prevailing once more at Cap-Français. The Governor of the island, General Galbaud, had espoused the interests of the colonists. Upon the arrival of Polvérel and Sonthonax in that town, all the inhabitants were plotting against them. But having with them a battalion of colored men with Antoine Chanlatte in command, they felt that they were sufficiently powerful to order Galbaud to immediately leave the island and sail for


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 Rh them cover that too, else the atonement was at an end. Then Odin drew forth the ring and laid it over the grey hair. So the Æsir was set free, but before they went, Loki repeated the curse which Andvari had laid upon the ring and gold. It soon began to work. First, Regin asked for some of the gold, but not a penny would Reidmar give. So the two brothers laid their heads together and slew their sire. Then Regin begged Fafnir to share the gold with him. But, "no," Fafnir was stronger, and said he should keep it all himself, and Regin had best be off, unless he wished to fare the same way as Reidmar. So Regin had to fly, but Fafnir took a dragon's shape; "and there," said Regin, "he lies on the 'Glistening Heath,' coiled round his store of gold and precious things, and that's why I wish you to kill him." Sigurd told Regin, who was the best of smiths, to forge him a sword. Two are made, but both snap asunder at the first stroke. "Untrue are they, like you and all your race," cries Sigurd. Then he went to his mother and begged the broken bits of Gram, and out of them Regin forged a new blade, that clove the anvil in the smithy, and cut a lock of wool borne down upon it by a running stream. "Now, slay me, Fafnir," said Regin; but Sigurd must first find out King Hunding's sons, and avenge his father Sigmund's death. King Hialprek lends him force; by Odin's guidance he finds them out, routs their army, and slays all those brothers. On his return, his foster-father still eggs him on to slay the Dragon, and thus to shew that there was still a Volsung left. So, armed with Gram, and mounted on Gran, his good steed, whom Odin had taught him how to choose, Sigurd rode to the "Glistening Heath,"


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 xc dug a pit in the Dragon's path, and slew him as he passed over him down to drink at the river. Then Regin came up, and the old feeling of vengeance for a brother's blood grew strong, and as an atonement, Sigurd was to roast Fafnir's heart, and carry it to Regin, who swilled his full of the Dragon's blood, and lay down to sleep. But as Sigurd roasted the heart, and wondered if it would soon be done, he tried it with his finger to see if it were soft. The hot roast burned his finger, and he put it into his mouth, and tasted the life-blood of the Dragon. Then in a moment he understood the song of birds, and heard how the swallows over his head said one to the other, "There thou sittest, Sigurd, roasting Fafnir's heart. Eat it thyself, and become the wisest of men." Then another said, "There lies Regin, and means to cheat him who trusts him." Then a third said, "Let Sigurd cut off his head then, and so own all the gold himself." Then Sigurd went to Regin and slew him, and ate the heart, and rode on Gran to Fafnir's lair, and took the spoil and loaded his good steed with it, and rode away.

And now Sigurd was the most famous of men. All the songs and stories of the North make him the darling of that age. They dwell on his soft hair, which fell in great locks of golden brown, on his bushy beard of auburn hue, his straight features, his ruddy cheeks, his broad brow, his bright and piercing eye, of which few dared to meet the gaze, his taper limbs and well-knit joints, his broad shoulders, and towering height. "So tall he was, that as he strode through the full-grown rye, girt with Gram, the tip of the scabbard just touched the ears of corn." Ready of tongue too, and full of forethought. His great pleasure