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 universe, I would reject them. You are, no doubt, acquainted with my unhappy story—Oh! do not, therefore (she continued), do not render unpleasant the asylum your aunt has afforded me, by persevering in attentions which never can have the desired effect."

"Perseverance does much (said Dupont); I will try it."

"To my torment then, and your own disappointment you will try it," cried Madeline.

"How can you be so inflexible?" said he, looking on her with the most passionate tenderness.

Madeline grew more alarmed than ever by his manner. "If you have generosity, if you have compassion (exclaimed she), you will now let me retire."

"Well (said he), to show my readiness to oblige you, however I may mortify myself by doing so, I will now let you leave me; but ere you go, suffer me to say I never will drop my suit."


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 Anxious to leave him, Madeline made no reply. Her first impulse on quitting the parlour, was to fly directly from a house in which she was exposed to insult and persecution; but a moment's reflection convinced her of the impracticability of such a measure at present, when in all probability Dupont was upon the watch: she therefore determined not to attempt escaping till a more favourable opportunity for that purpose offered. Still anxious, before that opportunity occurred, to discover in what kind of neighbourhood she was, instead of repairing to her chamber, she hastily turned into a long passage off of the great stair-case, in which several doors appeared.

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CHAP. VIII.

tried many doors, but found them fastened. She resolved, however, not to return without attempting all, and was just laying her hand upon another lock, when a dreadful groan from the bottom of the passage pierced her ear, and penetrated to her heart. She hesitated whether she should advance or retreat; but at length humanity triumphed over fear, and she de-


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 termined to go on, and try if she could be of any service to the person from whom the groan proceeded. At the bottom of the passage she perceived, what the darkness it was involved in had before concealed from her, a narrow stair-case in the side of the wall: this she eagerly ascended, and came to a small door half open; here she paused, and looking in, beheld, with equal horror and astonishment, an old woman wretchedly clad, and worn to a skeleton, kneeling in the corner of an ill-furnished room, before a wooden crucifix.

"Oh! heavenly father (the miserable object exclaimed, almost the moment Madeline had reached the door), may I, dare I, hope for thy forgiveness!—Oh! no, 'tis impossible thou canst ever grant it;—thou never canst forgive the wretch who caused the anguish of the most amiable of women—the misery and death of the most noble of men! Yet, if suffering could entitle me to mercy, I might hope for it.—Oh! if my blood can atone for that I caused to be shed, thou, thou shalt have it!"


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 So saying, she seized a knotted cord that lay beside her, and struck herself with it: Madeline instantly sprung forward—"Have mercy upon yourself (she exclaimed, as she caught her emaciated hand); God only requires real contrition as an atonement for error." The miserable wretch looked wildly at her for a moment; then uttering a piercing shriek, she convulsively wrested her hand from her and fell fainting on the floor.

The situation of Madeline was distressing in the extreme; she feared calling for assistance, lest the knowledge of her having discovered the miserable object before her should be productive of unpleasant consequences; and yet she feared her own efforts would never recover her. She knelt down and chafed her temples; but it was many minutes ere she showed any signs of returning life. At length opening her eyes, she again fastened them upon Madeline with the wildest expression of fear, and in a feeble voice ex-


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 claimed, "You are come then, come from the realms of bliss, for the purpose of summoning my soul to that tribunal where it must answer for all its crimes?"

"I know not what you mean (said Madeline, endeavouring to raise her head, and support it upon her breast); the voice of distress drew me to this apartment, not from idle curiosity, but from a hope of being serviceable to the person from whom it proceeded; and my motive will I trust excuse any intrusion I may appear guilty of."

"From whence, or from whom do you come?" demanded the unhappy woman.

"Alas! (replied Madeline), I have neither strength nor spirits now to enable me to relate my sad story; all I can tell you is, that I am an unfortunate girl, without any friend, I fear, to afford me the protection I require."

"Perhaps I may be able to serve you (said the stranger); that voice—that look—Ah! how powerfully do they plead in your


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 behalf! What part of the house do you inhabit?"

"I am so little acquainted with the house (cried Madeline), that perhaps I may confound one place with another; my chamber is at the end of a great gallery."

"What kind of a chamber is it?"

Tis wainscoted, and ornamented with faded portraits."

"Amongst which is there not a remarkable one of a lady in mourning with a drawn dagger?"

"Yes."

"Well, since I know your chamber, I will, if there is a possibility of getting to it, pay you a visit, and tell you of a plan I have thought of for your escape."

Madeline, in an ecstasy of gratitude and hope, caught her hand, and was raising it to her lips, when a sudden, though distant, noise made her drop it.


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 "Oh! heavens (cried the stranger), if we are discovered, we are lost!—Fly—regain your chamber, if possible, without delay; and as you value your safety, as you value your life and mine, keep secret our interview."

Madeline started from the ground—"Oh! tell me ere I go (she cried), when I may expect you."

"Away, away (said the stranger), a moment's delay may be fatal!"

Madeline could no longer hesitate about departing, and swiftly and lightly she descended the stairs; at the bottom she paused to listen and look down the passage, but she neither heard any noise, nor beheld any object: she was therefore proceeding with quickness when suddenly she heard an approaching step.

From the words of the stranger, she believed destruction inevitable if discovered in her present situation; she therefore deter-


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 mined to try and gain admittance into one of the adjacent chambers, and secrete herself within it till all danger of detection was over. She accordingly tried the nearest door, and, to her inexpressible transport, the lock yielded to her first effort. The instant she entered the room, she bolted the door, against which she then leaned to try if she could hear the approach of the step that had so much alarmed her; but all again was profoundly still. Somewhat composed by this, she ventured to turn, and to her infinite amazement, beheld herself in a most magnificent chamber. "What new mystery (said she), is this? Madame Fleury assured me her chamber was near mine; and yet who but Madame Fleury can occupy this room?"

This was a mystery soon explained; for as she was stealing from the door to the window, she beheld the clothes which Dupont had on the preceding day lying upon a chair.—"Ah! heavens (exclaimed Madeline, recoiling with horror, as if it was Dupont him-


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 self she saw); Dupont then is the inhabitant of this chamber! Oh! for what vile purpose is his residence here concealed? Oh! Lafroy, you were either deceived yourself, or basely deceived me when you sent me to this house; new horrors every moment open to my view, and my senses are scarcely equal to the conflicts I endure!"

She was returning to the door for the purpose of endeavouring to quit the room, when some letters scattered upon a dressing-table caught her attention: she darted to them; but how impossible to describe the horror she experienced, when upon all the hated name of D'Alembert met her eye. She snatched up one, and while the blood ran cold to her heart, read as follows:—

"The lovely Madeline will soon be in your power; Lafroy has completely secured her for you: may you profit by his stratagems! Adieu!—Believe me ever your affectionate father,

""


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 Not when she trembled beneath the poignard of a supposed assassin—when she shuddered at the idea of having seen a being of the other world—when she groaned from a conviction of her father's being a murderer—did Madeline receive such a shock, did she experience such horrors as she now felt on discovering Lafroy to be a villain! She dropped upon her knees, and raised her eyes and trembling hands to heaven, though unable to articulate a prayer.

She had not been in this situation above two minutes, when a loud knock came to the door. Madeline started wildly from the floor, and looked round to see if there was any place which could afford her concealment; but no such place presented itself to her view. The knock was repeated with increased violence; and scarcely could she prevent the wild shriek of despair from bursting from her lips. Her silence, however, availed her but little; for the knock was repeated, and the moment after, the door


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 burst open by Dupont; the room rung with the shriek which she uttered at that instant.

"Well (exclaimed he), by coming to my chamber, you have saved me the trouble of going to your's."

As he spoke, he attempted to catch her in his arms, but she eluded his grasp, and springing past him, fled towards her chamber; he pursued her, and, overtaking her just as she had reached the door, rushed into the room along with her.

She now threw herself upon her knees—"I am in your power (said she, in almost breathless agitation); be generous, and use it nobly."

"And do you deserve any thing like generosity from me? (cried he); do you not merit the severest punishment for having clandestinely entered my chamber, and treacherously examined my letters."


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 The fear of Madeline gave way to indignation; her eyes flashed fire; she rose, and looked upon him with scorn.

"And what punishment does the villain merit who forced me to such actions? (she exclaimed). What punishment does he merit who assumes a name but for the purpose of deceiving, who spreads his snares for the friendless and unhappy?"

"You compelled me to assume another name (said he), because you objected to me for bearing that of D'Alembert."

Madeline turned from him with contempt; he followed her.

"Madeline (cried he), let all trifling cease between us: you are, as you have yourself observed, completely in my power; be politic therefore, and no longer reject my overtures."

"Monster! (exclaimed Madeline), do you insult me by still pleading for my hand,


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 knowing, as you must, that I am acquainted with the existence of your wife?"

"I do not plead for your hand (replied he with the most deliberate coolness), 'tis for your heart: consent to be mine; consent to accept the only proposals I can now make you; and, in return, I will not only secure you an independence and a delightful asylum, where you can fear nothing, but solemnly promise, if ever I have power to do so, to make you my wife."

"I will not attempt (said Madeline), to express my indignation and contempt—I shall content myself with merely saying, that, were you even dear to my heart, I would reject offers which could entail infamy upon me: think, therefore, whether there is a probability of my accepting them, when I tell you, that, united to my horror at your baseness, is an aversion to you too strong for any language to describe."


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 The most violent rage took possession of D'Alembert at those words; but the terror which his rage inspired, was trifling to the shock which Madeline received, when in his inflamed countenance she traced the dreadful countenance of him beneath whose poignard she had trembled at midnight in the ruined monastery of Valdore.

"Oh! God (she cried, starting back), do I behold the murderer of the Countess?"

The crimson of D'Alembert's cheek faded at those words; his eyes lost their fury, and he trembled, but in a minute almost he recovered from his confusion. "Insolent girl! (cried he, stepping fiercely to Madeline), of what new crime will you next accuse me? Beware how you provoke me; do not go too far, lest you tempt me to retaliate—retaliate in a manner most dreadful to you—on your father."

"He is beyond your power (exclaimed Madeline, with a wild scream, and clasping


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 her hands together); he is safe, he is secure."

"As I could wish," cried D'Alembert, with a malicious smile.

An idea of treachery having been practised upon her father as well as upon herself now started in the mind of Madeline, and her heart almost died away. "My father is safe!" she repeated, with a quivering lip, and a faltering voice.

"Yes—beneath this roof."

"Oh, God!" cried Madeline as she sunk upon the floor.

D'Alembert raised her, and used every method in his power to revive her: it was many minutes, however, ere she was able to stand or speak. At length, sinking from his arms—"Forgive me (she exclaimed, as she knelt at his feet), Oh! forgive me if I have said aught to offend you; make allowances for my wounded feelings, for my distress, my irritation at finding my-


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 self deceived where I most confided, and drop all resentment; be noble, and give up every intention hostile to my father's peace and mine; restore me to his arms, and suffer us to depart together to some distant spot, where, in security and solitude, we may pass our days;—do this, and receive from me the most solemn assurances of our never disturbing your tranquillity, or uttering an expression which can be unpleasing to you."

D'Alembert raised and pressed her to his heart; she trembled—she resented. "But I am in the grasp of the lion (said she to herself), and I must try by gentleness to disengage myself from it."

"You plead in vain, Madeline (cried he); I have run every risk to secure you, and never will give you up. But while I say this, let me quiet your apprehensions by assuring you, that though solely in my power, I never will make an ungenerous use of that power by using any violence; I will not force


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 you to return my love; but if you continue much longer to disdain it, I shall not hesitate to surrender your father to the fate he merits."

"He is not, he is not in your power (exclaimed Madeline); you have said so but for the purpose of awaking my fears, from a hope of being able to take a base advantage of them."

"Well, though you doubt my words, I suppose you will not doubt the evidence of your own eyes."

Madeline trembled; the faint hope which had just darted into her mind, of his assertion relative to her father being merely for the purpose of terrifying her, now utterly died away.

"I will this instant, if you please (said D'Alembert), conduct you to the chamber of your father; but ere I take you to it, I must prepare you for the situation in which you will find him."


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 "The situation!" repeated Madeline, starting.

"Yes; I had an idea I should be compelled to bring you to him, in order to convince you he was in my power; and therefore ordered an opiate to be given to him this morning, which has thrown him into a state of insensibility, and thus precluded all possibility of his either hearing or uttering complaints."

"The ear of the Almighty will be open to his complaints and mine (said Madeline); they will reach the throne of Heaven, before which you must one day answer for your crimes."

"Do you choose to see him?" asked D'Alembert.

Madeline made no reply; but, breaking from his arms, she moved towards the door; he followed her, and, taking her trembling hand, led her in silence to the end of the gallery, from whence they turned into a long passage, terminated by another door. D'A-


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 lembert took a key from his pocket, and unlocked it—"We are now (said he), in the chamber of your father."

The curtains of the bed were closed; Madeline snatched her hand from D'Alembert, and pulling them back, beheld her father extended on it—thin, ghastly, to all appearance dead. She shrieked aloud—"He is dead! (cried she), he is dead!—Oh! monster, you have murdered my father!"

"No, (said D'Alembert); you frighten yourself without a cause; the ghastly look of his countenance is occasioned by the opiate."

Madeline laid her hand upon his heart; she felt it faintly flutter; and a scream of joy burst from her lips. "Yet have I reason to rejoice at his existence (she cried), when I reflect upon his situation?"

Tis in your power (said D'Alembert), to change that situation—to restore him to liberty, to free him from danger, to ensure him protection."


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 "In my power!" repeated Madeline.

"Yes; accept my offers, and all that the most duteous, the most tender son could do for a father, I will do for your's."

"And think you (said Madeline), my father would thank me for freedom and security, if purchased by dishonour? no, believe me he would not; I know his soul too well—know that death, in its most frightful form, would not be half so dreadful to him as the knowledge of his daughter's infamy:—never then will that daughter deviate from the path he early in life marked out for her to take:—never then, though surrounded by dangers and difficulties,—the dangers, the difficulties of him who is dearer, infinitely dearer to her than existence, will she act contrary to the principles he implanted in her mind, or forego her hopes of Heaven's protection, by striving to attain safety at the expense of virtue."

"Your resolution is then fixed," said D'Alembert.

"It is," replied Madeline in a firm voice.


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 "Mine is also fixed," cried D'Alembert. As he spoke, he approached her—"You continue no longer in this chamber," said he.

Madeline retreated. "You cannot, you will not surely (she cried), be so inhuman as to force me from it? Oh! let me watch by my father!—Oh! suffer me to remain with him I entreat, I conjure you!"

"In vain," said D'Alembert; and he again advanced to seize her. Madeline screamed; and, throwing herself upon the bed, she clasped her arms around her father—"Awake, awake (she cried), my father, awake, and hear, Oh! hear the agonizing shrieks of your child!"

"It will be many hours ere he awakes (exclaimed D'Alembert, as unlocking the hands of Madeline, he raised her from the bed); and when he does, it will be in an apartment very different from his present one, except you relent."

She forcibly disengaged herself from him, and sunk at his feet—"Have mercy (she exclaimed, with streaming eyes and uplifted


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 hands), have mercy upon my father and me, and entitle yourself to that of Heaven! Oh! let those tears, those agonies, plead for us! let them express the feelings which language cannot utter!"

"I have already told you (said D'Alembert, with savage fury in his countenance), that my resolution is fixed; I now swear it—swear to give up your father to the offended laws of his country, except you consent to return my love."

He caught her in his arms, from which she vainly tried to disengage herself, and bore her shrieking and struggling to her chamber.

"Now, Madeline (cried he), speak—but ere you speak, deliberate; for on your words depends the fate of your father."

"Wretch! (exclaimed the agonized Madeline), you already know my determination."


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 "Farewell! then (said he), I go for the officers of justice."

"Oh! D'Alembert (cried Madeline, wildly catching his arm as he was about quitting the room), you cannot be so inhuman; you cannot surely think of giving up to death a man, who has been basely betrayed into your power—a man, infinitely more unfortunate than guilty!—Again I kneel before you to supplicate your pity for him. Oh! could you look into my heart, could you ascertain the dreadful feelings which now pervade it, I am convinced you would be softened to compassion."

"My compassion can easily be obtained (said D'Alembert)—your love."

"Villain! (exclaimed Madeline, rising from the floor), begone! never more will I address you: to God alone will I look, up to him, whose power can in a moment defeat your purposes; he has promised to protect the innocent; I will think of that promise, and support my fainting heart."


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 "Again then (said D'Alembert), I bid you farewell! you have yourself provoked your father's fate."

With feelings which can better be conceived than described, Madeline saw him quit the chamber. "He is gone then (said she, as she heard him close the door), he is gone for the ministers of justice!" The dreadful and approaching sufferings of her father rushed to her mind; she saw the torturing rack—she beheld his mangled form upon it—she heard his deep groans, expressive of excruciating agony, and the loud shouts of the rabble mocking his pangs, and applauding the hand which inflicted punishment upon the fratricide.

She shrieked aloud; she flew to the door, but it was fastened on the outside: she called upon D'Alembert; she conjured him to return—to return to assure her he would have mercy upon her father; but she called in vain. She then attempted to force the


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Native American Church of Navajoland, Inc. v. Arizona Corporation Commission/Dissent Douglas

MR. JUSTICE DOUGLAS, with him MR. JUSTICE STEWART and MR. JUSTICE REHNQUIST join, dissenting.

This is a direct appeal from the order of a three-judge District Court, convened pursuant to 28 U.S.C. § 2281, denying appellants' prayer for injunctive relief. Jurisdiction over the appeal is based upon 28 U.S.C. § 1253. If the three-judge court were improperly convened, however, the appeal lies not to this Court, but to the Court of Appeals. Moody v. Flowers, 387 U.S. 97. My [p902] analysis leads me to conclude that a three-judge court was not required, so I would dismiss this appeal.

The controversy involves the efforts of appellant Native American Church of Navajoland, Inc., to obtain a certificate of incorporation from the Arizona Corporation Commission. According to Arizona law, "Any number of persons may associate themselves together and become incorporated for the transaction of any lawful business." Ariz. Rev. Stat. Ann. § 10-121 (emphasis supplied). The Commission refused to issue the certificate for the reason that it believed appellant Church's proposed Articles of Incorporation revealed that the organization had an unlawful purpose for incorporating, that being "to work for unity in the use of Peyote, as a Sacrament and as a means of divine healing through its Divine Power." It appears to be conceded that the Commission's decision was prompted by the fact that the use, possession, and sale of peyote is made a misdemeanor by Ariz. Rev. Stat. Ann. § 36-1061, and because peyote is subject to regulation as a "dangerous drug" under Ariz. Rev. Stat. Ann. §§ 32-1964 (A)(7), 32-1965, and 32-1975. Appellants then sought declaratory and injunctive relief from the District Court.

Two injunctions were sought. The first asked that the Corporation Commission be enjoined from refusing to grant appellants a certificate of incorporation "for failure to comply with" Ariz. Rev. Stat. Ann. §§ 10-121 and 36-1061. Insofar as this prayer asked to enjoin Commission action taken under color of Ariz. Rev. Stat. Ann. § 10-121, however, it was insufficient to require a three-judge court. Nowhere in their complaint did appellants attack the constitutionality of § 10-121, either on its face or as applied. Indeed, they concede its constitutionality before this Court, stating explicitly that it is "neutral in scope and application." (Reply Brief for Appellants 4.) But, as has been long held, an action to [p903] enjoin the allegedly unconstitutional result reached by the Commission in the exercise of its authority under § 10-121 would not sustain the jurisdiction of a three-judge court. Phillips v. United States, 312 U.S. 246; Ex parte Bransford, 310 U.S. 354; Ex parte Hobbs, 280 U.S. 168. "'It is necessary to distinguish between a petition for injunction on the ground of the unconstitutionality of a statute as applied, which required a three-judge court, and a petition which seeks an injunction on the ground of the unconstitutionality of the result obtained by the use of a statute which is not attacked as unconstitutional. The latter petition does not require a three-judge court. In such a case the attack is aimed at an allegedly erroneous administrative action...' Ex parte Bransford, supra, at 361."

[p904] Moreover, a three-judge court was not required to hear appellants' challenge to the Commission's alleged "enforcement" of the Arizona drug law which was attacked as unconstitutional. The Commission is not authorized by state law to enforce criminal statutes. Its authority extends only to the enforcement of the negative implications of Ariz. Rev. Stat. Ann. § 10-121. Its opinion that the use of peyote in religious sacraments is an unlawful purpose for incorporation does not reflect an official position on the part of those state officers who are charged with law enforcement that members of the Native American Church can be arrested for observing the tenets of their religion. Section 2281 requires that appellants' action be one to restrain "the action of any officer of such State in the enforcement or execution of such statute" and this requirement cannot be circumvented "by [p905] joining, as nominal parties defendant, state officers whose action is not the effective means of the enforcement or execution of the challenged statute," Wilentz v. Sovereign Camp, 306 U.S. 573, 579-580. This prayer, therefore, was also insufficient to require a three-judge court.

Appellants' second prayer for injunctive relief seems at first glance to cure the above-mentioned defects. It prays that the Governor of Arizona "and his subordinate officials, agents, and employees" be restrained from enforcing the Arizona drug laws against appellants "in any way which infringes upon their right to the free exercise of their religion." The difficulty is that, taking the complaint "as we find it," Moody v. Flowers, supra, at 104, it nowhere appears that the challenged statutes have ever been, are now, or ever will be enforced against appellants. The complaint, and the motion to dismiss filed in response thereto, permit the inference that Arizona already purports to except the Native American Church from the operation of the challenged laws. An amended complaint might not be open to this criticism. But we require that the substantiality of the federal question presented appear from the face of the pleadings that [p206] are filed, not those which might have been. Oklahoma Gas Co. v. Packing Co., 292 U.S. 386; Arneson v. Denny, 25 F. 2d 988, Bunce v. Williams, 159 F. Supp. 325.

Appellants' failure to come under § 2281 might appear to rest on a view of pleading at a variance with the liberal notions which are said to underlie the Federal Rules. But, as we have often remarked, it is § 2281 which is at variance with our notions of orderly federal procedures. It is not "a measure of broad social policy to be construed with great liberality, but... an enactment technical in the strict sense of the term and to be applied as such." Phillips v. United States, supra, at 251.

We should vacate the judgment below and remand for the entry of a fresh decree, so that appellants might pursue their appropriate remedy in the Court of Appeals. Moody v. Flowers, supra; Phillips v. United States, supra.


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 door, but her strength was unequal to the effort. The agony and disappointment she experienced were too much for her; her brain maddened; and wild as the waves which destroy the hopes of the mariners, she raved about the room, till, utterly exhausted by the violence of her emotions, she dropped upon the floor, where her shrieks sunk into groans, which by degrees died away in hollow murmurs, and a total insensibility came over her.

In this situation she must have continued many hours; for when she recovered, she found the gloom of closing day had already pervaded the chamber. Her ideas at first felt confused; but by degrees a perfect recollection of all that had passed returned, and clasping her cold and trembling hands together, she called upon her father.

As she called upon him, she heard a faint noise outside the door; she started, but had not power to rise; and almost immediately


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 it was opened, and the miserable woman she had seen in the morning entered.

"Rise (exclaimed she in a whispering voice), and follow me."

"Whither?" said Madeline, without obeying her.

"To your father; he waits to conduct you from this detestable house. I released him from his chamber, in the door of which D'Alembert left the key when he dragged you from it. But ask me no farther questions; D'Alembert but deferred going for the officers of justice till it grew dark; a moment's delay may therefore be fatal, and cut off all opportunity of escaping."

"Oh! let us fly, let us fly then," said Madeline, starting from the ground.

Softly and silently they descended to the hall, and turned down a long passage, terminated by a flight of steep stone stairs; these they also descended, and Madeline then found herself in a subterraneous room; a faint light glimmered from a recess at the


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 extremity of it, which startled her, and she caught the arm of her companion.

"Her terror, however, was but of short duration; almost instantly the voice of her father reached her ear, and she saw him approaching with extended arms; she sprung forward, and flung herself into them. "Oh! my child (he exclaimed, as he clasped her to his heart), in what a situation do I behold you!"

"My father, my dearest father (cried Madeline), do not let us complain of our situation; Oh! rather let us express our gratitude to that Being who has alleviated it, by giving us a friend who will extricate us from this abode of terror and of death;—but the moments are precious; we should lose no time."

"They are precious indeed (said the old woman); that door (pointing to one in the recess), opens upon a flight of steps which ascend to the court; here is the key of it," continued she, presenting it to St. Julian.


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 "But how shall we escape from the court?" demanded Madeline.

"Your father will be able with ease to unbar the door; and as Madame Fleury always sits at the back of the house, there is no danger of your being discovered."

"Oh! let us be quick," exclaimed Madeline.

St. Julian advanced to the door; but scarcely had he attempted to open it, when a violent tumult was heard without the court, and immediately after the steps of many people entering it. He paused—listened—and looked at his daughter. Horror almost froze her blood—"They are come (cried she), the ministers of death are come."

"I fear so (said the old woman). Hark! they have entered the house, and are now ranging through the apartments!"

"Is there no hope—is there no way of escaping?" asked Madeline distractedly.

"None (replied the old woman mournfully), but through the court."


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 "Is there no place of concealment?"

"No."

"Nor any fastening to this door?" advancing to the one through which they had entered.

"None, except a weak bolt that could be burst in a moment."

"Then all hope is over (cried Madeline, turning to her father). Oh! God (she continued, looking up to heaven), take me, take me from this scene of horror! let me die within the arms of my father!"—Almost fainting, she sunk upon his breast.

The tumult within and without became every instant more violent; and it was evident that one party surrounded the house for the purpose of guarding every passage, whilst another searched throughout it.

Madeline suddenly started from the arms of her father, and extinguished the light. "Let us go within the recess (cried she); if they


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 do come down, they may not perhaps do more than merely look into the room." They accordingly crept into it, and placed themselves as close as they possibly could against the wall.

They had not been in this situation above two minutes, when they heard descending steps. "They are coming," cried Madeline, with a panting heart, whilst a cold dew burst from every pore.

She had scarcely spoken, when a light glimmered through the room, and a party of men rushed in it. "He is not here," vociferated one.—"Let us search elsewhere then," exclaimed another.—(Heaven hears our prayers, thought Madeline).—"We will first examine this room (said a third); these subterraneous chambers are generally surrounded with places for concealment."


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 The heart of Madeline died away at those words; and with a faint cry she sunk to the earth.

"Have pity upon my child (exclaimed the wretched St. Julian, bending over her, whilst the shouts of the men pierced his ears, and re-echoed through the chamber); have pity upon her, and aid me in recovering her ere you tear me from her!"

"Tear you from her! (repeated a voice which made him start from his daughter—the tender, the well-remembered voice of de Sevignie)—Oh! never (cried he, darting from amidst his companions, and snatching the still senseless Madeline from the ground), Oh! never shall Madeline be torn from the arms of her father!"

Something like a ray of hope gleamed upon the mind of St. Julian—"I am all amazement!" exclaimed he.


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 "You are free—you are safe (said de Sevignie); 'tis friends, not foes, that you behold; but I can give no explanation till this suffering angel is revived."

His promised explanation we shall anticipate in the following Chapter.


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CHAP. IX.

elder D'Alembert was son to the Marquis of Montmorenci's sister, and heir to his titles and fortunes if he died without children. He was brought up with a taste for pleasure and extravagance—a taste which, on becoming his own master, a circumstance that took place at a very early period in life,


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 he indulged to the utter derangement of his paternal income. From the distresses which he was consequently involved in, and which his assumed character of steadiness and propriety prevented his disclosing to his uncle, he extricated himself by an union with an opulent heiress, whom the elegance and insinuation of his manners captivated, and was thus enabled again to set forward in the career of dissipation which his embarrassments had a little interrupted. Lafroy, the son of his nurse, his companion from the cradle, and attendant from the time he required an attendant, was the confident of all his profligate pursuits, and assisted him in the expenditure of such sums as materially injured his income, and again plunged him in distress.

To reveal that distress, he was now more unwilling than ever to do, from a conviction, that now more than ever he should be condemned for the dissipation which had involved him in it: he therefore set his wits


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 to work to contrive ways and means for supplying his emergencies, and concealing it.

Knowing as he did, that if the Marquis of Montmorenci was without a son, he should, as his heir, gain what credit he required, he could not look upon the young Philippe but with eyes of envy and malignancy—as upon a person who prevented his being extricated from his difficulties. Philippe, however, was of a delicate constitution; and he indulged a hope, that if he once entered the world without the watchful eye of a parent over him, he might be led into such courses as would eventually destroy his health, and terminate his existence: it was a hope derived from a self-experience of the dangerous situation in which a young man of rank and fashion stands when unacquainted with the world, and unguarded by any friend. As a means of poisoning his mind, he had often wished to get Lafroy into his service; he knew of no person better calculated for sowing the seeds of vice, and leading the un-


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 wary into the flowery paths of dissipation. Accordingly, on a continental tour being settled for Philippe, he offered Lafroy to the Marquis for his son: having already made that tour himself, he said he knew the necessity there was for a young man being accompanied in it by some person on whom he could depend; he therefore recommended Lafroy as such a person, as one whose principles no temptation could warp, and whose integrity would be a guard for him against the designs of the artful.

The Marquis, who believed the offer of D'Alembert (as he himself indeed declared it) to be suggested by the purest friendship, accepted it with the most heartfelt gratitude, and Lafroy was taken into the suite of his son.

From Italy Lafroy wrote an account of all his operations to D'Alembert; and with the utmost chagrin, one declared, and the other heard, that the mind of Philippe was


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 too well fortified by virtue and reflection to be led astray.

Notwithstanding the ill success of his plan, and the inconveniences he was often subjected to from the loss of Lafroy, D'Alembert would not recall him, still trusting that time and perseverance would sap the foundation which had hitherto resisted all the attacks that were made upon it.

So silent, so imperceptible were those attacks, that Philippe never was alarmed by them; they were like the sting of the asp,

Lord Philippe returned to France without the smallest alteration in his principles;


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 and the hopes of D'Alembert died away—hopes, however, which revived on Philippe's declaring his resolution of going back to Italy, when he had been but a few months returned from it. Something more than a mere inclination to travel he was convinced attracted him so immediately from home; and he gave the necessary instructions to Lafroy to watch him narrowly.

Lafroy suspected an attachment between him and Lady Elenora Dunlere; and his suspicions were confirmed by Lord Philippe's passing that time at the castle of her father, which, on quitting his own home, he had declared he would spend in Italy. To know the nature of the attachment, what kind of connexion it had formed, or was likely to form, between them, he laid himself out to gain the confidence of Blanche, with whose perfect knowledge of all that passed in the family he was acquainted. Ignorant, innocent, the very child of simplicity, Blanche was not long proof to his arti-


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 Rh ganda that is consciously or unconsciously directed to aid the Soviet government of Russia against the interests of our people. I therefore trust that I am not asking too much.

Hon. Charles Evans Hughes,

Secretary of State, Washington, D. C.

Here is the response of the Secretary of State:

Mr. Samuel Gompers,

President, American Federation of Labor,

Washington, D. C.

The receipt is acknowledged of your letter of March 15, 1921, in regard to the trade relations between the United States and Russia.

I recognize the interest of the American people in the questions you raise and I take pleasure in replying in detail to them.

In reply to your first statement, it is evident that after years of war, during which normal industry was diverted to the production of war supplies and accumulated stocks were consumed, Russia does not now possess important quantities of commodities which might be exported. It should be remembered that in addition to the period of the war against Germany, Russia has now passed through more than three years of a civil war during which industrial activities have been almost completely paralyzed. In fact the devastation of industry in Russia has been so complete, the poverty of the country is so


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 fices—artifices which were aided by every blandishment that had power to touch a susceptible heart, and her virtue and promised secrecy to her ladies were soon sacrificed to him. From being taken into the family of the Earl when quite a child, and brought up in a great degree with his daughters, Blanche was treated more as an humble friend than servant, and entrusted with the most important secrets. Her protectors doubted not the principles which they had implanted, nor the sincerity of the attachment which their tenderness deserved, and she professed. With the marriage of both her ladies, with the relationship between their husbands, and the concealment of Lord Philippe's marriage from his brother, she was acquainted, and all those particulars she communicated to Lafroy, who transmitted them to his employer.

Scarcely were they known to D'Alembert ere they suggested a most horrid and complicated scheme of baseness and cruelty to him;


text:
McCray v. United States (405 U.S. 944)

Certiorari denied.

Reported below: See 334 F. 2d 760.

title: McCray v. United States (405 U.S. 944)


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 quent Hints, that to adopt the Fruits of Sin was to give countenance to it. He quoted everal Texts (for he was well read in Scripture) uch as, He viits the Sins of the Fathers upon the Children; and, the Fathers have eaten four Grapes, and the Children's Teeth are et on edge, &c. Whence he argued the Legality of punihing the Crime of the Parent on the Battard. He aid, ‘Tho’ the Law did not poitively allow the detroying uch bae-born Children, yet it held them to be the Children of no body; that the Church conidered them as the Children of no body; and that at the bet, they ought to be brought up to the lowet and vilet Offices of the Commonwealth.’

Mr. Allworthy anwered to all this and much more which the Captain had urged on this Subject, ‘That however guilty the Parents might be, the Children were certainly innocent. That as to the Texts he had quoted, the former of them was a particular Denunciation againt the Jews for the Sin of Idolatry, of relinquihing and hating their heavenly King; and the latter was parabolically poken, and rather intended to denote the certain and neceary Conequences of Sin, than any


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 a scheme of which there appeared every probability of success. That Lausane, the injured son of the Marquis, could easily be worked up to the destruction of a brother, who deprived him of his right, he could not doubt; and if Philippe fell, it would surely, he thought, be an easy matter to get rid of Lausane. On Lafroy's return to the Castle of Montmorenci, he finally adjusted and arranged his plans. The manner in which they were executed and accomplished is already known. Josephe, at whose cottage Lausane lodged, was, as has been already mentioned, the brother of Lafroy, and Claude was a companion and particular friend, whom D'Alembert, on parting with him, took at his recommendation to supply his place.

D'Alembert charged Lafroy to secure Blanche, lest any after-repentance should tempt her to betray them: he accordingly inveigled her from the castle, by representing the delights she would experience if she went to Paris; and immediately after the


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 216 acute, the people are so hungry and the demand for commodities is so great that at present Russia represents a gigantic economic vacuum and no evidence exists that the unfortunate situation above described is likely to be alleviated so long as the present political and economic system continues. Though there is almost no limit to the amount and variety of commodities urgently needed by Russia, the purchasing power of that country is now at a minimum, and the demand must consequently remain unsatisfied.

In some respects the condition of Russia is analogous to that of other European countries. The war has left the people with diminished productive man-power and largely increased numbers of the disabled, the sick and the helpless. In one important respect, however, Russia's condition does not correspond to that of other belligerent states in the world war. While those states are taking such action as is likely to reestablish confidence, the attitude and action of the present authorities of Russia have tended to undermine its political and economic relations with other countries. The Russian people are unable to obtain credit which otherwise might be based on the vast potential wealth of Russia and are compelled to be deprived of commodities immediately necessary for consumption, raw materials and permanent productive equipment. The effect of this condition is that Russia is unable to renew normal economic activities, and apparently will be unable to obtain urgently needed commodities until credits may be extended to Russia on a sound basis.

It should not be overlooked that there has been a steady degeneration in even those industries in Soviet Russia that were not dependent upon imports of either raw material or partly finished products, nor in which has there been any shortage of labor. The Russian production of coal, of iron and steel, of flax, cotton, leather, lumber, sulfuric acid, or copper, of agricultural products, of textiles, and the maintenance and repair


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 fatal rencounter between the brothers, he put her into the hands of Claude, who conveyed her thither to the house of Madame Fleury. D'Alembert also charged him to destroy the son of Philippe, whose existence interfered as much with his prospects, as that of the father's had done. Lafroy promised obedience to all his commands; but the last was one he never meant to fulfil. He was so great a villain himself, he could place no confidence in others; and therefore believed, that if he had no tie upon D'Alembert, he never should receive the rewards he had been promised, and thought his services entitled to. He therefore determined to preserve the infant: nor was he stimulated to his preservation by a mere distrust of D'Alembert; another motive equally powerful influenced him, namely the aggrandizement of his own family through his means. Proud, ambitious, and disdainful of his dependant situation, he resolved on bringing up the son of Lord Philippe as his own nephew, the


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 child of his brother Josephe; and at a proper age, insisting on an union taking place between him and the daughter of D'Alembert; "when supposed to be allied to the proud House of Montmorenci (said he), I shall no longer be permitted to be a dependant in it; the family will then enrich, will then ennoble me and mine."

As soon as he had securely lodged the child in the hands of Josephe, who, immediately after the departure of Lausane from his cottage, repaired to the Alps for the purpose of receiving it, and easily prevailed on his wife to acknowledge it as her's; he disclosed his scheme to D'Alembert, solemnly declaring at the moment he did so, that if he did not acquiesce in it, he would betray him to the Marquis. This threat—a threat which, from the disposition of Lafroy, D'Alembert doubted not his putting into execution if incensed, conquered all opposition to it; and he agreed, at a proper age,


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 to give his daughter to the supposed son of Josephe.

But he was still more in the power of Lafroy than he imagined: Lafroy and Claude had watched the meeting between the brothers; and on Lausane's flying from the bleeding body of Philippe, they hastened to it. As they bent over it with a kind of savage triumph at the success of the execrable scheme they had been concerned in, they suddenly beheld it tremble. Lafroy was startled, and laid his hand upon the breast; he felt the heart faintly flutter; "Lausane (he exclaimed), has but ill-performed the work we gave him."

"I'll try if I cannot do it better," said Claude, and he snatched up the dagger, with which Lausane had stabbed Lord Philippe, and which lay beside him.

"Hold! (cried Lafroy, catching his arm as he raised it for the purpose of striking Lord Philippe to the heart), a thought strikes me—we had better endeavour to pre-


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 serve than destroy his existence;—the life of his son is precarious; if our schemes relative to him are accomplished, we can easily destroy the father; if they are disappointed, our declaring his existence will at all times compel D'Alembert to comply with our demands, be they ever so extravagant."

"True (cried Claude); but how will you conceal him, or manage about his wounds?"

"There is an extensive cave (replied Lafroy), contiguous to the vaults of the castle, known but to few, and which Blanche showed to me; the former inhabitants of the castle used it as a place for depositing treasure in, and accordingly fortified it with iron doors. Thither, with your assistance, I can now convey him; and, as I have a knowledge of surgery, I shall dress his wound, and from the castle bring whatever I deem necessary for him:—for the purpose of attending him, I shall continue here till Josephe has left the child with his wife; he shall then return to supply my place; and as his affinity


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 affinity to me is not known, his appearance can excite no suspicion."

"But inhabited as the castle is (said Claude), you cannot, without danger of detection, secrete him long within the cave."

"No (replied Lafroy), I cannot; as soon, therefore, as he regains sufficient strength to enable him to bear the fatigue of the journey, I shall return hither, and with your assistance and Josephe's convey him elsewhere."

This cruel scheme, which doomed the unfortunate Philippe to worse than death, to lingering misery, was put into practice without farther hesitation; and Claude was then dispatched for Blanche, who waited impatiently to commence her journey with him to Paris.

No sooner was D'Alembert informed of the death of Philippe, than he devised a scheme for the destruction of Lausane. This, it may be supposed, he meant easily to effect


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 expres Judgment againt it. But to repreent the Almighty as avenging the Sins of the Guilty on the Innocent, was indecent, if not blaphemous, as it was to repreent him acting againt the firt Principles of natural Jutice, and againt the original Notions of Right and Wrong, which he himelf had implanted in our Minds; by which we were to judge not only in all Matters which were not revealed, but even of the Truth of Revelation itelf. He aid, he knew many held the ame Principles with the Captain on this Head; but he was himelf firmly convinced to the contrary, and would provide in the ame Manner for this poor Infant, as if a legitimate Child had had the Fortune to have been found in the ame Place.’

While the Captain was taking all Opportunities to pres thee and uch like Arguments to remove the little Foundling from Mr. Allworthy’s, of whoe Fondnes for him he began to be jealous, Mrs. Deborah had made a Dicovery, which in its Event threatned at leat to prove more fatal to poor Tommy, than all the Reaonings of the Captain.


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 Rh of railroad equipment, have degenerated steadily from their level of production at the time of the Bolshevik revolution. There can be no relation of the failure of all these industries to blockades or to civil war, for most of them require no imports, and the men mobilized since the Soviet revolution were far less in number than before that event.

During the existence of civil war in Russia, her ports were in the hands of anti-Soviet forces. However, trade with the world through Baltic ports was opened in April, 1920. Restrictions on direct trade with Russia were removed by the United States on July 8, 1920. The conclusion of treaties of peace with the Baltic States enabled Russia freely to enter upon trade with Europe and the United States. Both American and European goods have been sold to Russia, but the volume of trade has been unimportant due to the inability of Russia to pay for imports.

As suggested in your second statement, it is true that agents purporting to be representatives of the so-called Bolshevist Commissariat of Foreign Trade have placed immense orders for the purchase of goods in the United States, Europe and Asia. It is estimated that perhaps six and one half billion dollars' worth of orders have been booked. But shipments as a result of these orders have been made only in small volume because the Soviet agents were unable either to pay cash or to obtain credit so as to insure the delivery of the goods ordered. The actual result of the placing of these immense orders on the part of the Soviet regime has not, therefore, materially stimulated industry in the countries in which the orders were placed, but has chiefly resulted in further impairing the credit of the Soviet regime due to its inability to carry out the transactions which it had undertaken.

Much has been written about the large sums of Russian gold which have found their way abroad in exchange for foreign goods. In reality, such transfers of


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 accusing him of murder, and consequently drawing upon him the vengeance of an enraged and afflicted father. But this was not by any means his intention;—an open accusation would, he knew, occasion a public trial, at which there could be no doubt but Lausane would declare the artifices which had instigated him to the destruction of his brother—a declaration that might, that would indeed, in all probability, D'Alembert feared, raise suspicions against himself. To prevent, therefore, all danger of such suspicions, he determined to have him privately destroyed; for which purpose, he meant to dispatch some of his well-tried emissaries to the habitation of Lord Dunlere, habited as officers of justice, to demand Lausane as a murderer; whom, on getting into their hands, they were to convey to a proper place for such a deed of horror, and put to death, but in such a manner, that his death should seem the effect of some sudden disorder. To aid in this diabolical plan, he himself travelled in disguise to the


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 Alps, with his emissaries; and he was the person who alarmed the good monk so much by declaring his intention of searching every where for Lausane. The story invented in consequence of that declaration, completely frustrated his designs; and he returned not a little delighted to his home, at the idea of Death's having proved such a friend to him, by freeing him both from the trouble and danger of putting Lausane out of the way himself. With him died away all apprehension of detection, and all fears of disappointment relative to the estates of Montmorenci; and his dissipation, in consequence of the certainty of his expectations being realized, was unbounded.

Lafroy still remained in the service of the Marquis, who felt strongly attached to him from an idea of his having been a faithful and affectionate servant to his son. That unfortunate son recovered from his wound; and, as soon as he was able to bear a removal, was conveyed in the dead of the night by Josephe,


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 Lafroy, and their partner in iniquity, Claude, to a lonely cottage at some distance from the castle, and well calculated, from its frightful solitude, for the purpose for which it was taken. Here, under the care of Josephe, he remained till after the death of Lord Dunlere; he was then re-conveyed to the castle, which Lafroy had art enough to prevail on D'Alembert to purchase, by pretending he should like it for a future habitation. In reality, he knew no place so well calculated for concealing the unhappy Philippe, no place in which he could so easily make away with him, when he should find his existence no longer necessary. As it was not possible to keep Josephe longer from his home without exciting suspicions and enquiries, he dispatched him to it, and placed in the castle a sister of their's and her husband, whose dispositions too much resembled his own to make him fear any thing from them.


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 Every thing now went smoothly on with D'Alembert: his wife, whom he had never loved, died shortly after the supposed death of the two brothers, and every one considered, and treated him with additional respect in consequence of that consideration, as the heir of Montmorenci. The unhappy Marquis, tortured with remorse, and anxious to expiate his crimes by atoning to those he had injured, made the most diligent enquiries after his eldest son—enquiries in which D'Alembert, with the warmest zeal appeared to join, but which in reality he baffled, wishing, for obvious reasons, to conceal from the Marquis every thing relative to him. The only drawback he had upon his happiness, was the idea of the degradation he should suffer by the union of his daughter with the supposed son of Josephe, a peasant upon the Montmorenci estate. But as he knew this was a measure which could not be avoided without the exposure of his iniquities, he tried to reconcile himself to it by a hope, that his rank and fortune would stifle at least the open


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 censures of the world. The consequence which he knew he should lose by his daughter's connexion, he determined to try and re-acquire by the marriage of his son; and for this purpose, looked out amongst the most illustrious for a partner for him. His choice soon devolved upon the young and lovely heiress of the Count de Merville, who was then just presented at the French Court by her mother, and was the most admired object at it. Her heart was not gained without difficulty; but when gained, her hand soon followed it. The prize attained, the tendernesses and attentions by which it was won, were soon discontinued; and the mask of gentleness and sensibility cast aside, discovered to the unhappy mother and daughter features of the utmost deformity and horror. To reform, instead of reproach, was however the ardent wish of both—a wish which they were soon convinced was not to be accomplished; and with unutterable anguish, the Countess beheld her amiable and beloved child united to a hardened libertine. To


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 Whether the inatiable Curioity of this good Woman had carried her on to that Buines, or whether he did it to confirm herelf in the good Graces of Mrs. Blifil, who, notwithtanding her outward Behaviour to the Foundling, frequently abued the Infant in private, and her Brother too for his Fondnes to it, I will not determine; but he had now, as he conceived, fully detected the Father of the Foundling.

Now as this was a Dicovery of great Conequence, it may be neceary to trace it from the Fountain-head. We hall therefore very minutely lay open thoe previous Matters by which it was produced; and for that Purpoe, we hall be obliged to reveal all the Secrets of a little Family, with which my Reader is at preent entirely unacquainted; and of which the Oeconomy was o rare and extraordinary, that I fear it will hock the utmot Credulity of many married Perons.


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 218 gold have been relatively small. According to the most liberal estimates the Soviet authorities do not now have in their possession more than $175,000,000 worth of gold. It is apparent that the proportionate share of this amount of gold which might be expected to reach the United States, and even the immediate expenditure of all of this amount of gold in the United States, would not have a pronounced or lasting effect upon the advancement of American industry and trade, while its loss to Russia would take away the scant hope that is left of a sound reorganization of the Russian system of currency and finance.

In response to your question regarding the transfer of funds from Russia to the United States it may be stated that there are no restrictions on the importation of Russian gold into the United States, and since December 18, 1920, there have been no restrictions on the exportation of coin, bullion and currency to Soviet Russia or on dealings or exchange transactions in Russian roubles or on transfers of credit or exchange transactions with Soviet Russia. It is true that no assurances can be given that Russian gold will be accepted by the Federal Reserve Banks or the Mint, in view of the fact that these public institutions must be fully assured that the legal title to the gold accepted by them is not open to question.

It has often been stated that if the Government of the United States would recognize the so-called Soviet Government, Russia would immediately export immense quantities of lumber, flax, hemp, fur and other commodities. The facts in regard to supplies in Russia completely refute such statements. Russia does not to-day have on hand for export commodities which might be made the basis of immediately profitable trade with the United States. Furthermore, the transportation system is utterly inadequate to move any large quantity of goods either in the interior of Russia or to Russian ports. The export of such commodities as exist in Rus-


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 try and alleviate her bitter destiny, she remained with her a considerable time after her marriage, till driven from her residence by the insulting treatment of D'Alembert, whose expenses far exceeded both the fortune of his wife, and the income allowed by his father, made him demand supplies from her, which she refusing, provoked him to language and conduct not more wounding to her as a woman to receive, than degrading to him as a man to use. She refused those supplies, not only because she thought it a sin to furnish vice with the means of gratifying itself, but because she wished to reserve something like an independence for her daughter, in case she was ever plunged into pecuniary distresses (of which she beheld every probability) by the thoughtless and unbounded extravagance of her husband.

During her own life this independence could only be acquired, for at her death her fortune, which, in right of her father she enjoyed, was entailed upon her daughter;


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 and would, she was convinced, on devolving to her, be swept, like all her other possessions, into the vortex of dissipation.

To avoid the insults of D'Alembert, and to diminish her expenses, she was hastening to her chateau at the time she met with the accident which introduced her to the cottage of Clermont. No sooner was she acquainted with his situation, than she formed the resolution of taking his daughter under her protection, and dividing with her whatever she could save, and meant to have appropriated solely to Madame D'Alembert's use.

Her departure from the habitation of D'Alembert did not exempt her from his solicitations, or reproaches on finding those solicitations still unsuccessful. A letter from him, couched in a more insulting stile than any she had before received from him, was the occasion of the illness and dejection which shocked and alarmed Madeline so


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  The Decription of a dometic Government founded upon Rules directly contrary to thoe of Aritotle.

Y Reader may pleae to remember he hath been informed that Jenny Jones had lived ome Years with a certain Schoolmater, who had, at her earnet Deire, intructed her in Latin, in which, to do jutice to her Genius, he had o improved herelf, that he was become a better Scholar than her Mater.

Indeed, tho’ this poor Man had undertaken a Profeion to which Learning mut be allowed neceary, this was the leat of his Commendations. He was one of the bet-natured Fellows in the World, and was at the ame time Mater of o much Pleaantry and Humour that he was reputed the Wit of the Country; and all the neighbouring Gentlemen were o deirous of his Company, that as denying was not his Talent, he pent much Time at their Houes, which he might with more Emolument have pent in his School.


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55 there was the crowd gathering. Was that had they breached at that point? What—

I'm not sure.

When you look back, though, what would trigger that first call to Mark Meadows?

As I said, my best guess, my best estimate is probably I saw what was going down. I was with the Chairman and the Acting Secretary of Defense, amongst other people. And we were figuring out what DOD's responsibilities should be on that day and who should be in touch with who. So they probably said to me, "Let's make sure the White House"—and I have an open line of communication.

And what was the response from Mark Meadows?

I believe it was, "Yeah, thanks for the call. Let us," the White House, "know if you need anything." And I said the same.

And I said, "We have a number of other calls to make," as calls began coming in from congressional leadership and other interagencies, so I don't believe it was an extensive phone call.

What was the the tone of that call?

I'm sorry?

What was the tone of that call? When you see the crowd going towards the Capitol, whether the breach had happened or not, was there a sense of urgency in the call?

I'm not sure. I don't recall anyone yelling, if that's what you're asking. I think we relayed the information, and he relayed it to me, and we moved on.

So you say to Mark Meadows, "Let us know if you need anything," and he says back, "Let us know if you need anything"? Sorry, I got a little confused there as to—

My habit—because I don't have an independent memory of that phone


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 much on her return from Madame Chatteneuf's—an illness and dejection, for which the Countess would never assign the real cause. To conceal domestic troubles—troubles which could not be remedied, she always conceived to be the wisest plan; rightly considering, that the world always took a divided part; and, though convinced one side was culpable, never exempted the other entirely from blame.

Enraged, disappointed, and distressed by her continued refusals, D'Alembert formed the horrible resolution of assassinating her—a resolution which he scrupled not to avow to his father, who had ever been his abettor in all his villainous schemes and profligate pursuits. His father did more than sanction it by silence; he commended it as a proof of real spirit, which would not quietly submit to ill-treatment; and recommended Claude, who still continued in his service, as a proper person for assisting in such a scheme: of this young D'Alembert was already con-


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60 the President of the United States.

Okay.

You wouldn't remember if you talked to him on January 6th?

[Discussion off the record.]

The Witness. Yeah, as I said, I don't remember having a phone call with the President on January 6th.

 * BY :

So, Mr. Patel, just so I'm clear, that does not mean you did not have a call with the President on January 6th.

Because if you—you and I could agree that a call from the President of the United States during an attack on the Capitol would be memorable, no?

To me?

To you.

To me as chief of staff? It might be. I know this might be hard for you to believe, but I talked to the President a number of times. So, any time that the President called, it was a memorable moment. But I don't remember every single phone call I fielded, especially on a day when I fielded upwards of 100 phone calls.

So you have no recollection if the President called you or did not call you.

I believe—as I said, I don't believe we spoke on January 6th.

But by saying "I don't believe"—and you've been an attorney, a trial attorney—it's not precluding that you did have a conversation with President Trump.

And, as I've said, if you show me a call log that says—

I don't have to show you a call log for you to jog your memory if you talked to President Trump or not.

Mr. Glabe. Hold on just a second.


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 vinced, having before tried his abilities in one scarcely less iniquitous than the present. Disguised, they both travelled to the chateau, and in the ruined monastery acted the dreadful scene which has been already described. Notwithstanding her injuries, the just resentment she must have felt for them, the Countess determined never to reveal their author; the consequence of doing so would, she was convinced, be either death or distraction to her daughter. She died, imploring heaven to forgive him as she had done, and for ever conceal from his wife her having fallen by the hand of her husband.

Her solemn injunction to Madeline upon her death bed, not to continue in the house if he came to it, was occasioned by her perfect knowledge of his libertine disposition. Beauty like her's could not fail, she was sure, of exciting his regards: she was equally sure that he would not hesitate going any length to gratify his passions. She therefore, though without informing Madeline of the danger


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 she dreaded on her account, earnestly conjured her to avoid it. Of his baseness and profligacy she had had a fatal proof during her residence beneath his roof.

Soon after his marriage, ere they were thoroughly acquainted with his disposition, she and Madame D'Alembert took under their protection a young and lovely girl, the orphan of a noble but reduced family, with whom they had been well acquainted. They took her with an intention of amply providing for her, and still keeping her amongst the circles she had been accustomed to. Long she had not been under their care, ere her charms attracted the admiration of D'Alembert; and, in defiance of the laws of hospitality, honour, and humanity, he insulted her with the basest proposals, and threatened revenge when he found them treated with the contempt they merited. Tenderness for her patronesses made her long conceal his conduct: at length she grew alarmed, and revealed it. In consequence


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 of this disclosure, they determined to send her to a convent in Dauphine, and lodge her there till they could hear of a respectable family who would receive her as a boarder, and under whose protection she could with safety and propriety again enjoy some of the pleasures of life. Under the care of proper attendants she commenced her journey; but how great was the horror, the consternation of the Countess and Madame D'Alembert, when those attendants returned to inform them, that from the inn where they had stopped for the night, she had eloped.

The idea of her having eloped was not for an instant conceived either by the Countess or Madame D'Alembert; they knew the innocence of the unhappy girl—they knew her total ignorance of all with whom they were not acquainted, and suspicion immediately glanced at D'Alembert: they hesitated not to inform him of that suspicion; they did more—they declared their positive


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53 :BY :

Well, the timeline's not just your memory, though, right? Without the timeline, do you remember when you first learned on that day that there was a breach at the Capitol?

I believe late morning, early afternoon, from the best of my memory, is that on TV—and there's TVs on at the Department of Defense, and there was a showing by video cameras that people were marching towards the Capitol. So whenever that was, in and around that time is when we saw it.

"We" meaning who?

Whoever was in the Office of the Secretary of Defense where the TVs were on.

And do you remember listening to President Trump's speech that day?

I don't. I believe I was working on a number of other things.

Did you speak to anybody—after you saw the march up to the Capitol, what happened next, from your memory?

As best as I can recall, there was a lot of phone call activity that started happening. We tried to divvy up the work as best we could to be responsive to Congress, to public affairs, to the White House.

So I don't have an independent memory of exactly everybody that I did talk to, but, as chief of staff of the Department of Defense, I know I reached out to the chief of staff of the White House at some point during that day.

Okay. Do you remember—Chief of Staff Mark Meadows, do you remember how many times you spoke to him?

It was at least once, and it was, from my memory, maybe up to three times,


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54 but I'm not sure.

Can you describe the first time? Do you remember what time period that would've been, the first time you—did you reach out to him, or did he reach out to you?

I don't remember. We had a line of communication that was open through cables in WHSR for lots of activity, so I don't—my best guess is that he reached out or I reached out right around the time we saw a crowd gathering around the House. I think that would be the timing.

And what was the substance of that conversation?

I believe the Acting Secretary or someone had said, "Let's make sure we're in touch with the White House." And that was the sum and substance of it. And I probably, in my role, said, "Let me call Chief Meadows."

And I said, "Hello. Are you aware that this is going on? Please let us know if there's any information you'd like passed on to the Secretary and the Chairman." I believe that's what I would've done.

Was that from your personal cell phone to Mark Meadows, or was that from—

We have a—so the whole Office of the Secretary of Defense is a giant SCIF, a secure compartmented information facility. And, in my office, fortunately, we had a system in place where you could directly call through DOD—what we call DOD cables—the White House Situation Room and/or to the chief of staff's office so that we could communicate directly.

So I'm guessing—my practice was to use that system. And, since it was a SCIF, there was no phone—cell phones allowed in the SCIF, personal cell phones of any kind in the SCIF.

So you said there was up to three calls. So that first call was when you said


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56 call—my habit would've been—I'm with the Acting Secretary of Defense and the Chairman and others at DOD. We want to make sure we are giving the White House everything they need. And do you, the White House, have any questions for DOD?

That's usually how we did things outside of Jan. 6th or involving Jan. 6th to make sure we had a line to the chain of command.

Well, was there a request from the White House?

I don't recall that there was any request from the White House specifically, other than to do what we discussed earlier, which was things related to the National Guard.

So how about in the subsequent calls? Was there ever any specific request from the White House?

When you say "request," like, what do you mean? Like, are you working the National Guard? What's going on? What's the status of that? Or—

Well, you tell me. I don't know. When you say there wasn't a request, what was the context of the conversation?

The context was, as best I can recall, was: Chief of Staff Meadows, we have the authorization from prior communication with the President from the day or so ago before. We have additional requests that came in throughout the day—I'm not sure of the timing—from the Mayor and other offices that we were fielding.

So I was keeping him up to date of that order of events as best as I could. It was not an extensive phone call. We had to focus on mobilizing, employing, and deploying the National Guard.

But was there ever a request made from Mark Meadows to move the National Guard to the Capitol?

I don't believe so, because I don't know what I would've done with such a


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57 request. It's not up to—it's not up to him.

Okay. So, taking out—was there any urgency conveyed as to, "We're in the middle of a crisis here, and what are you guys doing?" meaning you, Kash Patel, as a high official at DOD?

Yeah, I mean, I remember the chief just being like, "Do whatever you need to do. Respond to congressional requests. Get the National Guard where they need to be. Respond to the Mayor." "Thanks. Check. Let me go do it."

Are you saying, when you say "the chief," do you mean from the DOD side, or are you talking about Mark Meadows?

Chief of Staff Meadows.

And that's what you remember from those calls?

Yeah. They weren't—as I said, they weren't long. They were sort of updates and "get the job done."

Was there anyone else you spoke to at the White House?

Mr. Glabe. On January 6th?

 * BY :

On January 6th.

Maybe, but I don't remember. I probably fielded on that day at least 50 phone calls and up to 100, I'm guessing.

Well, did you speak to Keith Kellogg?

General Kellogg was at the time the Vice President's National Security Advisor, and we served on the National Security Council together. So it's possible that General Kellogg called me or I called him. He was a representative of the Vice President. So it's definitely possible.

It's reported in the press that Meadows didn't understand what the delay


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59 country; you're fielding calls from the White House, as you said, correct?

We were collectively fielding a lot of calls that day. There was a lot of joint calls. There was a lot of—a bunch of singular calls. So—

But you, Kash Patel, were receiving calls from Mark Meadows and from Keith Kellogg.

I believe that's correct, yeah.

Well, that's what you just said.

Yeah.

Was there anyone else from the White House that reached out to you?

I don't—not that I can recall.

Did Tony Ornato ever reach out to you?

Being the deputy chief of staff to Mark Meadows, he probably did. He—

On January 6th?

Tony and I—Mr. Ornato and I have worked together for a long time, and so it's possible he also reached out.

I'm telling you, I can't remember every phone call I had. If there's something you can show me, like a call log, that says I talked to them, maybe I can narrow it down.

Did you talk to the President at all during January 6th?

I don't believe that the President President Trump and I spoke on January 6th. That's my memory.

Do you not believe—wouldn't you remember if the President reached out to you on January 6th?

Not necessarily. But I'm telling you, I don't remember him doing so, and I don't remember calling him on January 6th.

When you say "not necessarily," there's an attack on the Capitol, and he is


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61 You asked earlier if he spoke to the President on January 5th. You had a record, and he spoke in detail to the best of his recollection about the call—about the meeting on January 5th.

You asked him about January 6th, and he said, to the best of his recollection, he doesn't recall speaking to the President on that day. That's been his answer several times.

 * BY :

Did Secretary Miller have any contact with President Trump that day?

I'm not sure. I would imagine he did, but I'm not sure.

You're not certain if they—if he reached out to him?

I'm not sure.

You've gone through the authorities, right? You've stated that you didn't need to talk to the President that day.

Uh-huh. As far as the National Guard was concerned, sure. If we're talking about a different subject, then you'd probably have to talk to the President.

Secretary Miller has stated publicly that he did not speak to President Trump that day.

Yeah.

He stated it outright, unlike you, who has not said that outright.

But did you think it was, as you sit here, unusual that the President did not reach out to Secretary Miller?

I don't think it was unusual.

Why not?

As far as the activities of January 6th are concerned, as I said before, we had our authorization for the deployment, employment, and mobilization of the National


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62 Guard. The Secretary of Defense, following the chain of command, had what he needed from the White House.

So, as it relates to January 6th, the authorization was there, and the Secretary of the Army was working the separate request from Mayor Bowser and company. So I think that our bulk and the Secretary's work were focused on fulfilling those requests.

I understand that he had the authority. But do you see any duty for the Commander in Chief, the President, to reach out to the Acting Secretary Miller during an attack on the seat of democracy?

Well, I don't—I'm not going to presume what the Presidential duties were on any given day for any President. You can ask them.

Presidential duties—

That's what you just asked me.

No, I'm asking you, as the President, when there is an attack on the Capitol, is it unusual for him not to reach out to the Secretary of Defense.

I don't—

If you didn't find it unusual, that's fine. We can move on.

What I'm telling you is that I don't recall that phone call occurring. You're asking me to characterize a phone call that I don't recall occurring. I can't do that.

I'm telling you no such phone call occurred. That's what I'm asking you. I'm telling—

You're not allowed to testify for me. If you want the record to reflect you're going to answer for me, the record will reflect that.

I've answered your question to the best of my ability and the best of my memory. And I've said repeatedly, if there's something you can show me to jog my memory, I'm happy to look at them, but my answer is not going to change if you keep asking me the


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63 same question.

Let me rephrase my question, first with a statement. There was no call between President Trump and Secretary Miller on January 6th during the attack.

Separate question: Did you find that to be unusual?

You are telling me that. I don't know that to be true. You said you read it from somewhere about this phone call or lack thereof. I'm telling you, I can't testify to the lack of a phone call that you're reading to me from some transcript or some news article. I don't know where that came from. If you showed me, I would look at it.

Were aware of President Trump's tweet at 3:13 during January 6th?

I don't believe so. I wasn't following. I'm not on Twitter. I've never been on Twitter. I don't even know how to log on to Twitter. So probably not.

So I think the big question here is, did you see any role for the President to quell the violence that was going on on January 6th?

Any role? What do you mean? What are you saying?

I mean, should there have been—

[Discussion off the record.]

The Witness. I'm sorry. Go ahead. Should there have been—

 * BY :

Should he have done anything to quell the violence as your—go ahead.

I don't know what the President should or shouldn't have done. I know what I was busy doing was mobilizing the National Guard to the various locations we were asked to do it as best as we could and as fast as we could.

Were you aware of anyone who attempted to encourage the President to put out a statement or issue a tweet to quell the violence?

To the best of my memory, I don't know who would do that. So I don't


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64 recall anyone doing it.

Did you make any attempt?

I don't believe I made any attempt to do that.

You don't believe or you didn't?

I don't believe I made any attempt to do that.

., do you have anything on that?

. No.

 * BY :

Were you present for the 2:30 call with General Flynn, General Piatt, General Walker, Chief Contee, and Chief Sund? This is the 2:30 call that's on the DOD timeline in terms of the request for the D.C. National Guard from the Capitol Police.

Do you know the location of where that call took place?

This is the call that—yeah, it's on the timeline, and then, soon after, there's a separate conversation between Secretary Miller, McCarthy, and Milley.

So what I recall is that I, as chief of staff, was not on any calls with Mayor Bowser. That's my recollection. We left that engagement, and that relationship was under the purview of the Secretary of the Army. That's what I recall. I don't recall ever being on a phone call with Mayor Bowser.

Are you familiar with, kind of, the discussion about the call regarding optics between General Flynn, General Piatt, Chief Sund, and Chief Contee?

I'm not familiar with that.

Okay.

You said you had talked to a number of Members of Congressional on January 6th?

Yes, collectively.


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65 Who did you speak to, if you remember?

So the conversations were coming in. It would be, generally speaking, myself, the Acting Secretary of Defense, and the Chairman of the Joint Chiefs of Staff.

We wanted to make sure we spoke to the Gang of Eight. So, from the best of my memory, we spoke to Senator Schumer, Speaker Pelosi, Senator McConnell, Majority Leader McCarthy, Chairman Schiff, and I know I'm forgetting one or two. But I believe the instructions were to make contact with the Gang of Eight. And, also, they were making contact with us, amongst other Members of Congress as well, heads of the Armed Services Committees and whatnot.

And that was set up through DOD to have those conversations, correct, with the Speaker in particular?

Either we called them or they called us. There were multiple calls happening. So, yeah, it was set up through DOD cables, congressional cables, WHSR, what have you, whoever and however we could get those.

Did any Members reach out to you specifically from your past relationships, in terms of calling you at DOD during the crisis?

I don't remember a conversation where it was just me—just a Member calling me. I don't recall that.

I recall speaking to Leader McConnell's—or Senator McConnell's, I think, chief of staff or national security advisor for a brief period of time on the day.

And then I may have, later in the day, called other people we were not able to get a hold of that I had previous relationships with, but I just don't really recall.

Now, we spoke a little bit about the timelines and dealing with the different timelines that occurred.

Uh-huh.


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 conviction of his having had her carried off by means of some of his agents: he denied the justice of the charge—he resented it; and, in reply to their threats (for supplications they soon found unavailing), said he was ready to deny before any tribunal they might cite him to, the crime they accused him of. His declarations of innocence gained no credit with them; they were convinced of his guilt, but could not prove it; and the unfortunate Adelaide, who had no friends out of their family interested about her, was never after heard of by them, notwithstanding their diligent and unceasing enquiries, and promises of liberally rewarding any one who could give the smallest intelligence concerning her.

As fearful as her mother of having Madeline seen by her husband, yet unwilling to relinquish her society, Madame D'Alembert determined, instead of sending her from it, to secrete her in the chateau when Monsieur D'Alembert so unexpectedly announced


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 his intention of coming to it, for the purpose, as Agatha suspected, of seeing what part of the estate would be the best to dispose of. Amongst the domestics who attended Madame D'Alembert to the chateau, was a young female, whose principles her master had entirely perverted. His improper influence over her was, however, carefully concealed from her mistress, over whom he placed her as a kind of spy, an office she too faithfully executed. She overheard the conversation between Madame D'Alembert and Madeline, and communicated it to D'Alembert almost immediately after his arrival at the chateau. Eager to behold beauty so extolled, he rested not till he had gained access to the chamber in which Madeline was concealed, and which he effected by means of a sliding-door in the closet, with which she was unacquainted.

The moment he beheld her, he was captivated by her, and determined to leave no means untried of securing charms which he


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 had never seen equalled. For the purpose of concerting a plan for the accomplishment of his wishes, he appointed an interview in the ruined monastery with his female confidant. The shock which Madeline received in consequence of that interview, is already known. As she lay senseless at his feet, instead of being moved to pity by her situation, he conceived the horrid idea of availing himself of it; and determined to send to the chateau for some of his emissaries to carry her off, when the unexpected approach of his wife and Lubin frustrated this intention. Not knowing who were approaching, he and his companion fled at the first sound of their steps, and thus lost the conversation which took place between Madeline and her friend.

He returned the next morning to the monastery, and explored every part of it for her; the chateau next underwent a search. When convinced she was gone, his rage knew no bounds; he openly accused his wife of per-


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 fidy, of meanness; insisted she had infringed her duty in having had any concealment from him; and peremptorily commanded her to tell him (if she hoped for his forgiveness), whither she had sent her lovely charge; this she as peremptorily refused doing. Words, in consequence of that refusal, grew high between them; and the party which had accompanied him to the chateau, were dismissed abruptly from it by him. As a justification of his conduct, and an excuse for it, he assured them that his wife's temper would not permit him to have them with pleasure to themselves any longer under his roof.

When freed from their observation, and the little restraint which they had imposed upon him, he treated the unhappy Madame D'Alembert with the utmost brutality. To avoid his inhumanity, she never stirred from her chamber, except compelled to do so by his commands; and now endeavoured to beguile her wretchedness by beginning her promised narrative to Madeline—a narrative,


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 however, which she doubted ever having the power of sending to her, as D'Alembert solemnly swore she never should be permitted to leave the chateau, or hold converse of any kind with any person out of it, till she had communicated to him all he desired to know concerning her lovely friend.

His temper, it may be supposed, was not improved when his father arrived at the chateau to inform him of the existence of Clermont, and his being acknowledged as the son and rightful heir of the Marquis of Montmorenci. This was a blow not more unexpected than dreadful—a blow which completely demolished all his hopes of independence, all his hopes of being extricated from his difficulties. He raved, and imprecated curses upon the memory of those who had deceived his father relative to Clermont. His rage and regret at not having secured Madeline, were augmented when he understood that she was the daughter of Clermont; and reflected, that had she been


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 carried off by him, the discovery relative to her father would never, in all probability, have taken place.

"How unfortunate (exclaimed old D'Alembert, in reply to what he had said concerning her), how unfortunate that you are not at liberty to offer your hand, and thus gratify your love and your ambition. Were you free, I am convinced I could soon effect a marriage between you and St. Julian's daughter."

His son started; a flush of savage joy overspread his countenance—"I can easily regain my liberty (said he); I have long sighed for it; a noble soul will ever try to break chains which are oppressive. My wife is but a mortal; the hand which gave a quietus to the mother, can easily give the same to the daughter. We can manage the affair between us so secretly, that no soul shall know of it, no eye behold it."


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 His father sighed heavily, and shook his head. Remorse had lately begun to visit his breast; and he trembled to think there was an eye over all their actions—an eye which could not be deceived. "I like not the shedding of blood," said he.

"You were not always averse to it," cried his son with a malignant sneer.

"True, because my designs could be by no other means accomplished; where mercy can be shown, I wish to be merciful; you can get rid of your wife without destroying her: the report of her death will as effectually serve your purposes as if she had really died; and in the castle on the Alps she can be too securely lodged ever to have an opportunity of proving the fallacy of that report."

D'Alembert detested his wife; and could not, without the utmost reluctance, think of sparing her life; when his father at length prevailed upon him to promise to do so. They soon concerted their schemes relative


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 to her. It was determined that he should apologize to her for his unkindness; and, as an atonement for it, insist upon her accompanying him to Bareges, in order to try and recover her health, which to herself alone he should acknowledge his fears of having injured. Their plans arranged, they immediately separated. Old D'Alembert was in haste to return to his house from whence he had privately departed for the purpose of consulting his son on the sudden change in their prospects; Claude alone knew of his departure, and was ordered to detain the Marquis's messenger, and invent a plausible excuse for the letter he brought not being answered directly.

The purport of the letter which D'Alembert wrote in reply to it has been already mentioned. After writing it, he had a private interview with Lafroy, to whom he imparted the new scene of cruelty and baseness he and his son were about acting; and gave such instructions as he deemed necessary.


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 These instructions were merely to do every thing which could gain the favour and confidence of St. Julian, and render him unsuspicious of the designs upon his daughter. To forward which designs, it was determined that all the horrors of superstition should be awakened in his breast; when once infected, once enervated by them, he might easily, D'Alembert believed, be made the dupe of art and villainy. For the purpose of exciting those horrors, Lafroy secreted himself in the chamber of Lord Philippe, to which he gained access by a way not known to many of the family, and forgotten by those who did know it, from its being long disused. Immediately behind the bedstead was a small door which opened into a dark closet, communicating with a flight of back stairs; those stairs, and this closet, previous to his residence at the castle, had been shut up, and chance first discovered them to him. A valuable ring of his Lord's was mislaid one day, and, in searching for it, he pushed aside the bedstead, and perceived the door; curi-


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 osity made him eagerly unbar it, and explore the places beyond it. Of those long deserted places he determined to avail himself when the plan of alarming St. Julian was first suggested, and his was the hand which, extended through the tapestry, had so greatly shocked and terrified Madeline.

The rage of D'Alembert at her obstinate refusal of his son, was even greater than he expressed; he soon found that solicitations were vain, and that stratagem alone could effect his purposes. The stratagem he called in to his aid is already known: but whilst exulting at the idea of the success with which there was every appearance of its being crowned, he was suddenly plunged into despair by the intelligence of his daughter-in-law's existence being discovered to Madeline and her father—a despair, however, from which the ready genius of Lafroy soon relieved him.

The letter which Madeline received relative to her friend, was written and delivered