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19 each other for some years. I don't know exactly how long. We have crossed paths. Acting Secretary Miller was an Army Special Forces officer. I served in JSOC. He served in some elite units other than that, and we've had some crossover on counterterrorism and national security matters going back years, as best as I can recall sitting here today, without having looked at any of the documents to help.

Is it—while you were at NSC, was Chris Miller the head of NCTC? Does that sound right?

Sorry.

[Discussion off the record.]

The Witness. Yeah, no, that's a good point. Thank you. Okay. So, okay, that timeline is, as best I recall, and, again, I don't recall seeing those—that material in the documents we reviewed to prepare today, so I'm going to guess as best I can.

When I first got to the NSC, I believe Chris was the senior director for counterterrorism. And, if I recall, he was transitioning out to become the Deputy Assistant Secretary of Defense for Special Operations in Low-Intensity Conflict at the Pentagon. And I was transitioning into that seat, so he and I had a bunch of crossover in those roles.

And then, when I got there, within a couple months, I believe, he and I were both the senior director for counterterrorism while he transitioned out. And then he later became the director of the National Counterterrorism Center at the Office of the Director of National Intelligence.

 * BY :

Okay.

Yeah.

Okay. Thanks for that. I want to spend the first part of our interview here


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Dacrydium.] in New Zealand. The wood is deep-red, strong, hard, and heavy, but often twisted in the grain. It is largely used for building purposes of all kinds and for the manufacture of furniture, but is not nearly as durable as either kauri or totara.

5. D. intermedium, T. Kirk in Trans. N.Z. Inst. x. (1878) 386, t. 20.—A small tree 20–40 ft. high or more; branches spreading; trunk 1-2 ft. diam., rarely more; bark brownish-grey. Leaves of very young plants lax, spreading, ⅓–½ in. long, narrow linear-subulate, acute, curved, terete; gradually passing into the leaves of young trees, which are closer-set, squarrose or erecto-patent, ⅛–¼ in. long, broadly subulate, trigonous, acute. These again pass by imperceptible transitions into those of mature trees, which are densely quadrifariously imbricate and appressed to the branch, $1⁄15$–$1⁄10$ in. long, ovate-triangular or rhomboid, obtuse, keeled, very thick and coriaceous. Flowers diœcious or rarely monœcious. Males usually abundantly produced, solitary, terminal, sessile, about ¼ in. long; anthers numerous; connective broadly triangular, acute. Female flowers solitary at the tips of the branchlets. Nut oblong, obtuse or apiculate, faintly striate, not compressed, ⅛–⅙ in. long, enclosed at the base in a short cup-shaped aril.—Forest Fl. t. 86; Pilger in Pflanzenreich, iv. 5, 51.

6. D. Colensoi, ''Hook. Ic. Plant. t. 548 (not of Hook. f.).—A small tree 20–40 ft. high or more, very similar in mode of growth to D. intermedium,'' but rather taller and more conical, with a straighter and cleaner trunk; branchlets more slender, often flexuous, $1⁄20$–$1⁄15$ in. diam. Leaves of very young plants lax, spreading, ¼–½ in. long, narrow linear-subulate, terete, decurrent at the base; gradually passing into the leaves of young trees, which are more closely set, ⅛–⅙ in. long, lanceolate or narrow-triangular, acute, falcate, flat, decurrent at the base, often more or less spreading in one plane, giving the branchlets a distichous appearance. These pass by insensible gradations into those of mature trees, which are small and scale-like, densely quadrifariously imbricate and appressed to the branch, $1⁄20$–$1⁄12$ in. long, rhomboid, obtuse or subacute, thick and coriaceous, keeled, apex often incurved. Flowers diœcious. Males solitary, terminal, sessile, ⅛–⅙ in. long; anthers numerous; connective broad, triangular, acute. Female flowers at the tips of the branchlets. Nuts 1 or 2, oblong, obtuse, not com-

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 84 siderations; while in India the name Moghul came to be applied (in times subsequent to the rise of the Mongols, at any rate) in a very similar way, to these same races.

Abul Gházi, the historian Khan of Khiva, himself a Turk by nationality, though of remote Mongol descent, constantly uses the word Turk in its sociological sense, and applies it indiscriminately to all the nomad and steppe-dwelling tribes, when he requires a name for the whole of them; but, when referring to their descent or language, or when in any way particularising between them, I do not know of a single instance of his alluding to the Moghuls as connected by blood with the Turki tribes. In other words, although he employs the name Turk to describe certain nations—among them the Moghuls—for whom he knows no other general designation, he never applies it in the particular instances where a racial consideration is involved, except to those among them whom he regards as, in reality, Turks by race. He writes, for instance: "Of all the Turk tribes who inhabited those countries at that period, the Tatars were the most numerous "; and again: "We have recounted what we know of the other branches of the race of Turks. Now, we will speak of the branches of Mongol race." It is in the same non-racial sense that Mirza Haidar uses the word Turk, when putting the remark (alluded to above) about Yunus Khan, into the mouth of Maulana Muhammad Kazi: "I had heard that Yunus Khan was a Moghul," says the Maulana, "and I concluded that he was a beardless man, with the ways and manners of any other Turk of the desert; but when I saw him, I found that he was a person of elegant deportment, with


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 "This spot I will not quit!—no aid will I receive—on this cold marble will I die—except you promise to give up such an intention—except you swear, solemnly swear, within those consecrated walls, never to divulge to mortal ear the author of my injuries."

"My dearest lady, (cried Agatha, terrified by her expressions), though to see vengeance executed on the wretch who attempted to take away your life, would rejoice my very soul, I will do but what you please; I will promise what you wish."

"Swear then!" exclaimed the Countess.

"I do, (replied Agatha) by all my hopes of happiness here and hereafter, to lock within my heart, from every human ear, all I know concerning this black transaction."

"And you, Madeline (resumed the Countess), must do the same."

"She knows not (said Agatha, interrupting her lady) by whom the atrocious deed has been committed."

"Thank Heaven! (cried the Countess)


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 even from her, though I might confide in her prudence, I would conceal him—conceal my having a relative, who, from self-interest, could be tempted to take away my life. But Madeline, my love, (continued she, looking at her) will you not quiet my troubled heart by the assurance I desire, from every being, I except not even your father; you must conceal my wound being occasioned by premeditated treachery; you must, like Agatha, to all my household, to all who shall enquire concerning it, declare it owing, as I myself shall do, to some unknown and wandering ruffian."

"Hear me swear, then, (said Madeline with energy) by every thing precious to me in heaven or on earth never to disclose what you have desired me to conceal."

"Enough," cried the Countess in a weak voice; and the next instant, as if overcome by the exertions she had used, she fainted away.

"Fly, my dear young lady, (said Agatha to Madeline) our efforts to recover her without other assistance will be vain."


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 "Madeline started up, and walked with hasty steps halfway down the aisle; she then paused—paused from the most horrible suggestions of fear. "Should the murderers return—(cried she, gasping for breath at the very idea)—should they return before assistance can be procured, and complete their dreadful design; or should they be still lurking about the chapel, will they not seize me as I go for that assistance, and sacrifice me to their own safety!"

In an agony of fear—an agony which took from her all emotion, she leaned against a pillar;—a deep groan from the Countess in a few minutes roused her from this situation. "Oh heavens! (she exclaimed, rushing forward) she expires through my means. (She instantly quitted the chapel)—If I die, (said she, as she did so) I die in the cause of friendship." A cold dew hung upon her temples, and she could scarcely drag her trembling limbs after her; every yard, almost, she involuntarily stopped to listen, and to cast her fearful eyes around: ready at the first


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 intimation of danger, to retreat to the walls of the monastery. But she received no such intimation, and when she came within sight of the garden, her courage revived; her strength returned with her courage, and, like an affrighted lapwing, she then almost flew to the house, and, scarcely touching the ground, rushed into the servants' hall. A figure as terrific as the one she now exhibited, they had never, either in reality or imagination, seen; her face was pale as death, her hair dishevelled, and her clothes torn and stained with blood. She attempted to speak, but her voice died away inarticulate; in about a minute she made another effort, and, in a voice so hollow, that it seemed issuing from the very recesses of her heart, exclaimed, "Fly!—your lady—there's murder in the chapel!"

Struck with terror, the servants eagerly crowded round her to know what she meant. "Ask no explanation! (she cried, in almost breathless agitation) a moment's delay may be fatal." The men no longer hesitated to


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 obey her, and unable to endure her suspense till they returned, she went back with them to the monastery; but by the time she had reached it, she grew sick with apprehension that the ruffians had returned and finished their bloody work; and whilst the servants entered it, she was compelled to clasp her arms round a pillar at its door for support. Whilst she leaned here, a cry of horror reached her from the chapel, and her spirits grew fainter. "She is gone for ever!" she exclaimed, sinking upon the earth, no longer able to stand from the tremor that seized her. In a few minutes she heard the servants approaching; she then raised her head, and beheld two of them bearing out their lady. "Does she live?" asked Madeline.

"Live, (repeated the weeping Agatha), yes, dear Mam'selle, she still lives, and notwithstanding this dreadful accident, will live, I trust, for many years to come."—Relieved from the horrible fears which had overwhelmed her, Madeline again recovered


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 her strength, and was able immediately to return with the servants to the castle.

By the time they reached it the Countess had regained her senses; and as soon as she was laid on her bed, she commanded, whoever went for a surgeon not, on any account whatsoever, to inform him for what purpose he was sent for till he came to the castle; and that at the peril of being dismissed from her service if they disobeyed her. Her domestics should strictly conceal what had befallen her from every one out of her house, assigning as a reason for this command, that if known, she should be teased by enquiries about it; but to Agatha and Madeline, it was evident it proceeded from a fear of having the ruffian detected if his atrocious crime was mentioned. The servants promised obedience to their lady, and two of the men directly set out for the nearest town to procure a surgeon, whilst another went to the convent for Father Bertrand, who on every emergency was the counsellor and consoler of the family;


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 he came without delay, and the moment he entered the Countess's chamber, who had sent for him, she dismissed every other person from it.

Nothing but the solemn promise which Madeline knew Agatha to have given, to conceal the author of the Countess's sufferings could now have prevented her from asking who he was. The more she reflected on the horrible affair, the more mysterious it appeared to her, and the more astonished and perplexed she felt. How strange that a woman of the Countess's benevolence, whose temper was gentleness itself, whose heart was the seat of charity, and whose liberal hand ever kept pace with the wishes of that heart, should have provoked the enmity of any one. Yet not enmity alone provoked the attempt at her life; her words in the chapel on first regaining her senses, declared its being also prompted by some view of self-interest.—This was another mystery to Madeline, for she knew of none but Mon-


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 sieur and Madame D'Alembert, that could be materially benefited by the death of her benefactress.

Agatha left her soon after they had quitted the Countess's room, to prepare things for her lady against the surgeon came. But Floretta continued with her, in hopes of having her curiosity, which exceeded both her sorrow and surprise, gratified by hearing the particulars of the attack made upon the Countess by the robber, as she and all the rest of the servants supposed the assassin to be.

"Lord Mam'selle, (cried she, interrupting the deep reverie of Madeline) you must have been terribly frightened when you first beheld the villain. I protest it was well it was not I but Agatha who went with you, for I should certainly have dropped down dead at once upon the spot; I dare say he was a frightful looking creature."


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 "I do not know, (said Madeline) for I did not see his face."

"Lord, I am very sorry you did not, for then if you ever met him again, you might have sworn to him at once, and have had him taken up. Well, to be sure, I always thought my lady would come to some harm by going to that old ruin; I wish with all my soul it was all tumbled down, I don't know any thing it is fit for, but to enclose the dead or secret a robber;—many and many a time have I quaked with fear, lest my lady should have desired me to attend her to it. Certainly, 'tis a horrid thing to live in such a dismal place as we do; I dare say we shall all be murdered some night or other in our beds: we have nothing in the world to defend ourselves with, for the old guns are so rusty that I am sure it would only be wasting powder to try and do any thing with them. I think it would be a wise thing Mam'selle, if you would try and prevail on my lady, to send her jewels and plate away, for if the gang, to which no


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 doubt the villain who attacked her in the chapel belongs, once heard a rumour of their being gone, and that they assuredly would from always having their spies about, they would never, I am sure, think it worth their while to break into the castle.

"Well, many men many minds, and many women I suppose the same. For I am certain if I was my lady, I would never live with the fine fortune she has, amongst these dismal woods and mountains. No, no, Paris would be the place for my money."

"Do you think Floretta, (asked Madeline, who sat as pale as death, and almost motionless) that the surgeon will soon arrive."

"Why that depends, Mam'selle, (replied Floretta) upon the haste Antoine and Jerome make in going for him, and the haste he makes in coming back with them. Though upon reflection indeed, I should not be surprised if none of them ever reached the castle; for 'tis extremely probable they may


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 may all fall into the hands of the gang, who no doubt are lurking about the castle."

"I have not a fear of that nature," said Madeline.

"I am sure I hope mine may be an idle one (cried Floretta); poor fellows! they would die a melancholy death if such an accident befell them. Well, Mam'selle, I must now leave you; there is fortunately a sliding wainscot in my chamber, and I shall go directly and hide all my good clothes within it; I shall then try if I can't prevail on the men to see what can be done with the old fire arms. But after all, Mam'selle, (resumed she, after pausing a minute) if the rogues once broke into the house, what comfort could I receive from knowing my clothes were hid, for to be sure I should be killed as well as the rest of the family, and what avails fine clothes or money, if one has no life to enjoy them." She now retired, and Madeline remained alone in a state of the most dreadful disquietude, till the arrival of the surgeon.


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 Rh a full beard and a Tájik face." That is, the speaker knew that Yunus was a Moghul by descent, and expected to see a man with Mongolian features, but he classed him with other Turks of the steppes.

D'Ohsson became conscious, from the extensive use he had made of Asiatic historians, that these writers constantly employed the word Turk to signify the nomad and pastoral tribes, known in Europe as 'Tatars.' In one passage he writes: "The Mongols gave the name of Tájik, or Tázik, to the Muhammadans, and in the historical works of this period it will be found that they employed this word in opposition to that of 'Turk.' The first served to designate the Muhammadan inhabitants of towns and cultivated lands, whether they were of Turki, Persian, or Arab origin mattered not; while under the name of 'Turk' were comprised the nomad nations of Turki and Tatar race. It was in this general acceptation that Chingiz Khan and the Mongols styled themselves 'Turks'; they rejected, on the other hand, the name of 'Tatar.'" In another passage, when speaking of the Tatars proper, previous to the rise of the Mongols, D'Ohsson quotes Rashid-ud-Din as follows: "They made themselves so powerful and formidable, that other nations of Turks passed themselves off as Tatars, and regarded the name as an honour."

Again, Major Raverty, in his translation of the Tabákát-i-Násiri, notes the headings of the first four sections of Rashid-ud-Din's history, the second, third, and fourth of which contain the following:—"2nd Section. Account of the Turk tribes whom they designate by the name of Mughals, but every one of which, in ancient times, bore distinct and particular surnames. … 3rd Section. Account of the Turk tribes, every one of which have had Badshahs and chiefs, but who bore no relationship to the tribes mentioned in the preceding sections. 4th Section. Account of the tribes of Turks, whose surname, from time immemorial, was Mughal. …" These brief extracts are sufficient to show the sense in which Rashid-ud-Din, one of the best of the Musulman authors of the Mongol period, used the work Turk, and how, though he was able to distinguish specifically between real Turks and other tribes,


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 Father Bertrand then came to her, and Madeline eagerly enquired what he thought about her friend.

"With respect to her wound (replied he) I cannot give an opinion, as I left her room the moment the surgeon entered it; but with respect to her mind I think her an angel."

It instantly struck Madeline, that to this venerable man the Countess had imparted every secret of her heart, and that his warm, his energetic praise, proceeded from admiration at her mercy and forbearance, in not attempting to punish the monster who had injured her. "To a much later date (he continued) may heaven preserve the life of a woman, whose charities and example are so beneficial to mankind."—"Oh! long, long may she be spared (cried Madeline, with uplifted hands) who amongst the children of distress would have such reason to mourn her death as I should."

Father Bertrand informed her, that as soon as he had seen the surgeon, he should


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 go and write to Madame D'Alembert to come directly to the chateau.

"Poor lady! (cried Madeline, with a sigh) how dreadfully shocked and affected she will be to hear of the injury her mother has received!"

"I do not mean to inform her of it," replied he.

"But when she comes to the chateau, she cannot be kept in ignorance of it," cried Madeline.

"Such precautions (said the Father) will be used, that even then she will not know it. The sight of her amiable and beloved child will, I trust, have a happy effect upon the estimable mother."

The surgeon now made his appearance; the faltering accents of Madeline were unequal to the enquiry her heart dictated; but Father Bertrand, more composed, soon learned, that the Countess's wound was not dangerous. "My principal fears, (said the surgeon) arise from the fever with which she is threatened, in consequence of the agita-


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 tion of her mind." He then mentioned his intention of continuing at the castle till he had dressed her wound the next morning.

Madeline, no longer able to control her strong anxiety to be with her friend, and certain that Agatha would have every proper attention paid to him, now bade him and Father Bertrand good night, and repaired to the chamber of the Countess, where she resolved to continue till morning. All was quietness within it, for the Countess, exhausted by the pain she had suffered during the dressing of her wound, and her long conversation preceding it with Father Bertrand, had fallen into a slumber; and her attendants, Agatha and Floretta, fearful of disturbing her, would not move;—the latter, however, could not avoid whispering to Madeline, that she had prevailed on the men to collect some of the fire-arms, and that they had promised to double-bar all the doors.


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 Deep groans frequently escaped the Countess, but she continued tolerably quiet for about two hours; she then, in a weak voice, called for drink; which the ready hand of Madeline instantly presented to her.

"Why, my love (said the Countess, as Madeline, bending over her, raised her languid head), why do I see you here?"

"Ah! Madam (said Madeline), the only comfort my heart can know is in watching by you."

"I thank you for your tenderness (replied the Countess); but I must now insist on your retiring to bed: nay, do not attempt to refuse doing so (seeing Madeline about speaking); I will not go to sleep (and want of rest you may be sure will injure me), till you leave me."

Those words conquered all opposition on the part of Madeline; and, after kissing her benefactress's hand, she withdrew, though with the greatest reluctance, to her chamber.


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 She could not bring herself to go to bed, lest she should not in a moment, if called upon, be ready to attend her friend; she took off her torn garments, and putting on a wrapper, lay down; but though fatigued to a degree, her mind was too much agitated, too full of horror, to permit her to sleep: and, after passing a few restless hours, she arose as soon as it was light.


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CHAP. VI.

rose with a heaviness of heart which left her scarcely power to move; the day was as gloomy as her mind, and added, perhaps, by its melancholy to her's:—a slow, but penetrating, rain was falling, and the cattle that grazed upon the lawn were dripping with wet, and retiring to the most sheltered parts of the wood:—the waters of the lake looked black and troubled, nor did any brightness in the sky give a promise of a finer day. To complete the dejection of Madeline, on going to the dressing-room


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 adjoining the Countess's chamber, she was informed by Agatha, whom, with Father Bertrand, she found there, that soon after she had left the Countess, she had had a fit of the most alarming nature. "I directly called the surgeon (proceeded Agatha), and he sat with her the remainder of the night, during which she had many returns of it: he has already dressed her wound, being under a necessity of departing at an early hour, and he says it bears a much more dangerous appearance than it did at first. Her fever too is augmented; but he dreads nothing so much as a return of the fits, which, in her present exhausted state, are, he says, enough to kill her."

"Oh! why, why (cried Madeline, whose agonies, at hearing this melancholy account, were inexpressible), why was I not called when so dreadful a change took place?"

"At first we were really too much confused to think about you (said Agatha); and when my Lady recovered, and we would


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By

Garden City, New York, Toronto

1922


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 have gone for you, she commanded us not to disturb you."

Madeline burst into tears at this proof of her friend's consideration for her amidst her own sufferings.

"Be composed, my dear young Lady (said Father Bertrand), Providence may perhaps produce another change more favourable to our wishes."

Madeline now asked if she might not see the Countess. Agatha answered in the affirmative. She accordingly entered the chamber. The foot-curtains of the bed, and those of one of the windows, were open, and Madeline had thus sufficient light to perceive the striking alteration which had taken place in the countenance of her friend; her lips were livid, her eyes were sunk, and a ghastly paleness overspread her face. The tears of Madeline increased; and when


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 the Countess, whose heavy eyes opened on hearing her light step, called her to her bed-side, and, extending her hand, asked her how she was? deep convulsive sobs prevented all reply.

"Pray moderate this concern (said the Countess); 'tis true it excites my gratitude, but it also gives me unutterable pain;—the soothing attention of a friend is the best cordial I can receive, but that cordial you will not be able to administer if you yield to those emotions."

"Oh! Madam (cried Madeline, sinking on her knees, and pressing the cold hand of the Countess between her's), Oh! Madam, I will try to repress them; I will try to do every thing which can give me the smallest power of serving you."

"I am convinced you will, my love (replied the Countess), and the conviction is soothing to my sick heart. Oh! Madeline, 'tis not my frame, so much as my mind, that is disordered."


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 Copyright, 1916, 1922, by


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 Weakness precluded farther conversation for the present, and Madeline seated herself beside the bed, nor stirred till absolutely commanded by the Countess to go into the next room to breakfast. She took but little, and quickly resumed her place by her friend.

About the middle of the day, the Countess had another fit. Apprised of its danger, the distress and terror of Madeline almost reduced her to the same extremity, and some of the servants were compelled to carry her from the room till their Lady had recovered. On regaining her senses, the Countess ordered Father Bertrand to be sent for; and, on his arrival, she dismissed every one else from the room. While he was shut up with her Ladyship, dinner was served in the dressing-room for Madeline, but served in vain; the grief and anxiety of her mind would neither permit her to eat nor drink, though pressed to do so by the faithful Agatha and the voluble Floretta, both of whom, but particularly the former, had a very sincere regard for her.


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 TO MY WIFE

Je vols bien vos mains Fermées au mal, ouvertes au bien, Vos mains puissantes et douces Corame une branche sous la mousse.

Je vois bien vos mains, Vos mains fideles. Qui me montrent le chemin, Mais je ne vois pas vas ailes.

Christiansborg Castle

Gold Coast, May 10, 1918


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 She was informed by the latter on Agatha's quitting the room, as a great secret, that the surgeon had been requested by the Countess to bring a notary with him the next morning from the town where he lived, in order to make her will. "We all guess, Mam'selle (said Floretta), that 'tis on your account she is going to make one."

"Heaven grant (cried Madeline with fervour), that from her own hand alone I may ever receive any mark of her regard."

"Why to be sure, Mam'selle (said Floretta), that might be as pleasant a way as the other; but 'tis a comfort at any rate to be certain of it. One way or other, I am a great advocate for people making their wills; for you must know, Mam'selle, I lost a great deal by an old uncle of mine in Burgundy dying without one. He always promised to leave me every thing he had; but he was always of a shilly-shally disposition: so death whipped him off without his putting his promise into execution, and his property was then divided amongst all his relations. Had


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 he kept his promise, little as folks think of me now, I can assure you, Mam'selle, I should have been an heiress, for he owned two very fine vineyards and an excellent house, and several large flocks of sheep; and with all those I think I might have held up my head pretty high."

"I think you hold it up high enough already," said Agatha, who had entered before the conclusion of the speech.

"Not higher (replied Floretta pertly), than I have a right to do."

"That point might be disputed," cried Agatha.

"Oh, not at present," said Madeline, to whom every sound was irksome, that did not convey some tidings of the Countess.

Father Bertrand continued a considerable time with the Countess; and when he left her, he passed hastily through the dressing-room. Madeline then returned to the chamber, followed by Agatha, and resumed her station. The Countess did not


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 PREFACE

OBODY, I am assured, ever reads a preface. I consider, therefore, that I may safely regard this foreword as a confidential document, written for the sole purpose of salving my own sensitive conscience. From this point of view I regard it as necessary, for it seems to me that the imposture involved in issuing as a work of fiction a volume which is in the main a record of fact, should be frankly confessed from the outset. A knowledge of the truth that these initial pages will remain to some extent a secret between me, the proofreader, and the printer, will enable me, however, to write of personal things with a larger measure of freedom than I should otherwise be bold enough to use.

The stories composing this book, with a single exception—"The Ghoul," which reached me at second hand—are all relations of incidents in which I have had a part, or in which the principal actors have been familiarly known to me. They faithfully reproduce conditions of life as they existed in the Malayan Peninsula before the white men took a hand in the government of the native states, or immediately after our coming—things as I knew them between 1883 and 1903—the twenty years that I passed in that most beautiful and at one time little frequented


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 appear worse; and desired they might be left together.

"You have heard, my love, I suppose (said she, turning her languid eyes upon Madeline as Agatha closed the door after her), that Madame D'Alembert is sent for."

"I have, Madam," replied Madeline.

"I hope (resumed the Countess) she may not arrive too late."

"Heaven forbid! (cried Madeline shuddering); I trust when she arrives, she will find your Ladyship pretty well recovered."

"Believe me, my dear (said the Countess), 'tis on her account I principally desire to recover; she still chains me to a world, to which I am in a great degree grown indifferent, from the loss of several of my dearest connexions, as well as many other heavy calamities;—but for her, I should look forward to the idea of quitting it with pleasure, as I should to a release from pain and trouble—should consider it with delight, as a


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 means of re-uniting me to those whom, while on earth, I must for ever mourn.

"For the sake of my beloved child I wish to be spared a little longer; with increasing years, she may perhaps acquire that fortitude which I fear she would at present want to support my loss. But should my wish be disappointed—should she arrive too late to receive my last blessing, my admonition against a sorrow, not only useless, but inimical to every duty—to you, Madeline, I entrust that blessing, that admonition for her; certain that, as one will be delivered by solemnity, so the other will be enforced with sympathy. Should it be my destiny never more to open my eyes upon her in this world, to you, Madeline, I leave the task of consoling her;—a task not unacceptable, I am convinced, to your grateful nature, and one well suited to its gentleness. She is already prepared to love and to esteem you; and, from a predilection in your favour, will listen patiently to all you say. Represent, therefore, to her (if indeed it


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materials employed by 'picture-makers' are now very numerous. Some of the old pigments, and painting-grounds, and methods, have indeed fallen more or less completely into disuse; but, on the other hand, many new products, both natural and artificial, have been added to the resources of the artist, while several new processes of painting have been introduced, or old methods modified. Nowadays it is very seldom that a painter prepares for himself any one of the materials which he uses, generally accepting, without much hesitation and without examination, the paper, the canvas, the paints, the oils, and the varnishes which his colourman supplies, provided they respond, at first sight, to his requirements. True he has abandoned, not without regret, several of the most treacherous compounds by which his immediate predecessors were seduced. 'Pure scarlet' he has given up; he is shy of asphalt; tobacco-juice and Spanish liquorice are no longer regarded as desirable water-colours. He may go so far as to reject chromate of lead, but he still employs the pigment called chrome green, or green cinnabar, for he does not know that the


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 corner of Asia. They are written with a full appreciation of the native point of view, and of a people for whom I entertain much affection and sympathy. Incidentally, however, they will perhaps help to explain why British civil servants in the East occasionally lay themselves open to the charge of being animated by "a hungry acquisitiveness" and a passion for annexing the territory of their native neighbours.

Fate and a rather courageous Colonial Governor ordained that I should be sent on a special mission to the Sultan of Pahang—a large Malayan state on the eastern seaboard of the Peninsula—before I was quite one and twenty years of age. This course was not, at the time, as reckless and desperate as it sounds. I had already more than three years' service and had acquired what was reckoned an unusual acquaintance with the vernacular. The mission would entail a long overland journey and an absence of more than three months' duration. Senior men who possessed the necessary qualifications could not be spared for so protracted a period, and thus the choice fell upon me, to my very great content.

My object was to obtain from the Sultan the promise of a treaty surrendering the management of his foreign relations to the British Government and accepting the appointment of a Political Agent at his court. This I obtained and bore in triumph to Singapore, whence I immediately returned to negotiate the details of the treaty, and subsequently


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 happens), that the event she regrets, could not, according to the laws of human nature, have been much longer delayed. And, Oh! Madeline, I adjure you, never let her know how it was accelerated."

"May Heaven only prosper me (cried Madeline) as I keep inviolably from her knowledge the injury you received."

"Excuse my betraying a doubt of your doing so (resumed the Countess), after the solemn promise I have already received from you to that purpose; my fears for her urge me even to unnecessary caution. Oh! Madeline, great as was the pleasure I ever derived from your society, 'tis now heightened by considering you in the light of my child's comforter;—you will console, you will strengthen her, you will reconcile her to my loss."

"Impossible! impossible!" exclaimed Madeline, in the fullness of her heart, and bursting into tears.

"Ah! Madeline (said the Countess, affected by her emotion), do not embitter


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 to reside at the Sultan's court as the Agent in question.

This meant that I was privileged to live for nearly two years in complete isolation among the Malays in a native state which was annually cut off from the outside world from October to March by the fury of the northeast monsoon; that this befell me at perhaps the most impressionable period of my life; that having already acquired considerable familiarity with the people, their ideas and their language, I was afforded an unusual opportunity of completing and perfecting my knowledge; and that circumstances compelled me to live in a native hut, on native food, and in native fashion, in the company of a couple of dozen Malays—friends of mine, from the western side of the Peninsula, who had elected to follow my fortunes. Rarely seeing a white face or speaking a word of my own tongue, it thus fell to my lot to be admitted to les coulisses of life in a native state, as it was before the influence of Europeans had tampered with its eccentricities.

Pahang, when I entered it in 1887, presented an almost exact counterpart to the feudal kingdoms of medieval Europe. I saw it pass under the "protection" of Great Britain, which in this case was barely distinguishable from "annexation." I subsequently spent a year or so fighting in dense forests to make that protection a permanency, for some of the chiefs resented our encroachment upon their prerogatives; and when I quitted the land a decade and a half later, it was as safe and


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 moments like these by a sorrow which will destroy all the hopes I entertained of your being a consoler to my child."

"May every event (cried Madeline, sinking on her knees), may every event (with uplifted hands) which could place her in want of consolation, be far, far distant from her. But should such an event now happen, Oh! may Heaven grant me power equal to my inclination to give it to her!"

"After my death," proceeded the Countess.

"Oh! Madam (interrupted Madeline), do not talk of it—you stab me to the very soul by doing so."

"Rather rejoice than grieve to hear me do so (said the Countess); how much more dreadful, at the very moment when I stand, perhaps, upon the brink of the grave, to find me trembling, shrinking at the idea of dissolution! I have always tried to act so as to be prepared for it; I have always prayed, that I might be composed when it approached—might be able, in the last extremity of na-


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 as peaceful and orderly as an English countryside.

Thus at a preposterously early age I was the principal instrument in adding 15,000 square miles of territory to the British dependencies in the East; and this fact forces me to the conclusion that my share in the business stands in need of some explanation and defence, if readers who are not themselves Britishers are to be persuaded that I am not merely a thief upon a rather large scale. The stories and sketches contained in this book supply me with both. I, who write, have with my own eyes seen the Malayan prison; have lived at a Malayan court; have shared the life of the people of all ranks and classes in their towns and villages, in their rice-fields, on their rivers, and in the magnificent forests which cover the face of their country. I have travelled with them on foot, by boats, and raft. I have fought with and against them. I have camped with the downtrodden aboriginal tribes of jungle-dwelling Sâkai and Sĕmang, and have heard from their own lips the tales of their miseries. I have watched at close quarters, and in intolerable impotency to aid or save, the lives which all these people lived before the white men came to defend their weakness against the oppression and the wrong wrought to them by tyrants of their own race; and I have seen them gradually emerge from the dark shadow in which their days were passed, into the daylight of a personal freedom such as white men prize above most mundane things.


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 ture, to hold out my hands to my Creator, deprecate his wrath, and implore his mercy. Oh! my love, but for the precious ties I have still remaining, I should welcome it as a release from a world that teems with troubles. But I will not, by perpetually reverting to those troubles, cast a cloud over the youthful prospects of my Madeline."

"Alas! (thought Madeline) they are already clouded."

"Life (resumed the Countess) is a chequered scene, and, by a proper performance of our duties, we may enjoy many comforts in it; 'tis the use we make of those comforts, and the manner in which we support their loss, that fixes the peace or misery of our last moments. Oh! happy are they (continued the Countess, while a faint spark of animation was rekindled in her eye), Oh! happy are they, who can review their past conduct without regret! who can think, to use the language of a poet of a sister country, that when their bones have run their race, they


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 may rest in blessings, and have a tomb of orphan's tears wept over them.

"But to resume the subject you interrupted.—After my death, Madame D'Alembert, I am sure, will seek retirement; and the retirement of this chateau I am confident she will prefer to that of any other place, should Monsieur D'Alembert permit her to remain in it. Till more happily settled, I hope, and believe, your father will allow you to be her companion whenever she visits, and while she continues in it alone; for your society, I am convinced, will ever prove a source of comfort to her. But remember, I never desire you to be her companion, except she is without the company of Monsieur D'Alembert: and believe me, my Madeline, I am not so selfish as not to hope that you may soon have tenderer claims to fulfil than any she can have upon you. Let not the disappointment of your first expectations make you suppress all others; oppose reason to despondence, and the latter will soon be conquered. 'Tis a


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 The late Sir Henry Campbell-Bannerman, recent British Prime Minister, once gave vent to the aphorism that "good government can never be a satisfactory substitute for self-government." That may or may not be true; but the Malays, be it remembered, never possessed "self-government." The rule of their râjas and chiefs was one of the most absolute and cynical autocracies that the mind of man has conceived; and the people living under it were mercilessly exploited, and possessed no rights either of person or of property. To their case, therefore, the phrase quoted above has only the most remote and academical application; but no words or sentiments, no matter how generous or beautiful, would avail to staunch the blood which I saw flow, or to dry the tears which I saw shed in Pahang when I lived in that native state under its own administration.

If, then, my stories move you at all, and if they inspire in you any measure of pity or of desire to see the weak protected and their wrongs avenged, you may judge how passionate was the determination to make the recurrence of such things impossible whereby I and my fellow workers in Malaya were inspired. For we, alas, lived in the midst of the happenings of which you only read.

Government House, The Gold Coast, British West Africa.


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 duty you owe your father as well as yourself, to try and do every thing which can promote your happiness; endeavour, therefore, to erase from your heart those impressions, which can only give you pain, and to prepare it to esteem and be propitious to some worthy man.

"Should chance again throw de Sevignie in your way, fly from him instantly, I conjure you, except he offers a full explanation of his conduct. Excuse me, my love (on hearing a gentle sigh steal from Madeline) for mentioning a subject that is painful to you; but you are so innocent, so totally unacquainted with art, that too much caution cannot be used in guarding you against it. And even then (continued she, returning to the subject of de Sevignie) if he should offer to account for his conduct, do not listen to him; refer him to your father to give the explanation; for an unimpassioned ear he cannot deceive. If by any chance you should ever discover him to be the amiable character you once fancied, you will find by my will, which I


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 purpose making to-morrow, that want of fortune will be no hindrance to your union."

Madeline could not speak, but tears, more eloquently than words could have done, expressed her feelings.

"But I am wrong (resumed the Countess), in having suggested the idea of such an union to you—an idea which may counteract all I have before been saying."

"No, Madam (said Madeline in a low voice), it will not."

"Please me, my Madeline (cried the Countess after a pause), by saying that you will remember what I have said to you."

"Remember! (repeated Madeline); Oh! Madam, could you think I could ever forget aught you said?—Remember!—I will do more—I will try to fulfil every injunction you have given me, if indeed (in a scarcely articulate voice) it should be necessary to do so."


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 "I thank you for saying so (replied the Countess); I thank you not only for this, but for the many proofs of affection and attention I have received from you. Your society has been a greater happiness, a greater comfort to me than I can express; it has frequently beguiled the cares which oppressed me—cares which the generality of people considered me a stranger to. I wished to be thought happy, and I endeavoured to appear so; but no tongue could describe the anguish which has long preyed upon my heart. Never, however, let this involuntary effusion of confidence escape you; let it be buried in your breast with all you know concerning the black transaction in the chapel—a transaction which I fervently hope may never be known to more than the few already unhappily acquainted with it;—from every eye I would conceal its author;—my forgiveness is his, and my earnest prayers are offered up to Heaven for its forgiveness also for him."


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 The evening was now far advanced, and the Countess appeared exhausted by speaking. Madeline besought her to take a reviving cordial; she complied with the entreaty, and then said she would settle herself to rest. She charged Madeline to retire at an early hour to bed. "You look pale and agitated, my love (said she); but cheer up—the mention of death does not make me nearer dying. farewell! may good angels for ever watch around you!" Madeline pressed her lips to her cheek; and then rising from her knees, closed the curtains of the bed, and withdrew. She sent Agatha and Floretta to the chamber; then retired to her own, where she offered up a fervent prayer to Heaven for the restoration of her valuable and beloved friend; after which, finding herself still very languid, and the rain being over, she descended to the garden, hoping the evening air might revive her.


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 SIR HUGH CLIFFORD

HOUGH these powerful and beautiful stories have already reached a wide audience, they deserve a wider, and readers to whom they are still unknown are missing an imaginative pleasure such as can be found in no other writers of my acquaintance except Mr. Rudyard Kipling and Mr. Joseph Conrad, with whom, because of his subject-matter, it is natural to class Sir Hugh Clifford; as I see James Huneker has done before me. So far as treatment is concerned, however, Sir Hugh Clifford owes nothing to those writers. His method is his own and his experience, out of which his stories, as he tells us, have sprung, is perhaps even more his own in theirs. For, with the one exception of "The Ghoul"—as Sir Hugh Clifford tells us in his own preface, itself a thrilling document—these stories are veritable stuff of his own life as a British Government official. He has seen these happenings with his own eyes, and known the actors in them. To have done that. when little more than a boy, is a romance in itself, one of those romantic opportunities which more than once have repaid the servants of the far-flung" British Empire for the hazards


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 and the ennui of a service, the loyalty and efficiency of which have made that empire. Thus, as Sir Hugh Clifford himself laughingly observes, "at a preposterously early age," he was "the principal instrument in adding 15,000 square miles of territory to the British dependencies in the East;" while incidentally, as has so often happened in England's "island story," finding himself, in the interval of his governmental occupations, as a literary artist. A book might well be written of governors, cavalry officers, and civil servants, of his Britannic Majesty, who have thus light-heartedly won distinction, by amusing themselves with their pens in the exile of their lonely out-posts, doing the thing only for fun, regarding themselves merely as amateurs, and discovering their gifts by chance. Far from amateurs indeed they have often proved, but on the contrary lineal descendants of those "complete" men and gentlemen of old time, to whom the sword and the pen came alike naturally, such as was, to name but one, that Charles Sackville, Earl of Dorset, who wrote at sea, while commanding the British fleet, one of the most fascinating sea-songs in the language—

To all you ladies now at land We men at sea indite.

One would like to be introduced to the "professional writer" who could write a love-story stranger and more beautiful with such a poignant heart-break in it, and with so magical a setting, as that


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In releasing the Compendium of U.S. Copyright Office Practices, Third Edition, the Register of Copyrights is indebted to the team of attorneys, registration specialists, and design experts who worked relentlessly and collaboratively with the Office of the Register to make it possible. Read more.


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CHAP. VII.

went upon a high and graveled terrace to avoid the wetness of the low and grassy paths beneath it. But though the rain was over, the evening was


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 which gives the title to this volume—"The Further Side of Silence." Mr. W. H. Hudson himself in "Green Mansions" has not given us a lovelier "belle sauvage" than Pi-Noi as she first blossoms on the eyes of her future lover, Kria, from the primeval forest, while he paddles up the Tělom River one fateful day:

"A clear, bell-like call thrilled from out the first, so close at hand that the surprise of it made Kria jump and nearly drop his paddle; and then came a ripple of words, like little drops of crystal, which made even the rude Sâkai tongue a thing of music, freshness, and youth. Next the shrubs on the bank were parted by human hands, and Pi-Noi—Breeze of the Forest emerging suddenly, stepped straightway into Kria's life and into the innermost heart of him."

The story is here for the reader to enjoy and study for himself, for it is worth studying as well as enjoying for the subtle, modulated treatment of the wild soul of little Pi-Noi, for whom the creatures of the forest and the forest itself are more her comrades and intimates than any human beings, and whose necessity to play truant with them at intervals even from her lover makes so piteous a tragedy.

One other observation suggests itself—how the "civilizing" work on which Sir Hugh Clifford was engaged inevitably destroys the romance which he thus perpetuates; for alas! that romance can only live so long as the superstition and cruelty which it was the British Commissioner's business to


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 up-root survive in their native dramatic combinations. With the abolition of such tyrants as we read of in "Droit du Seigneur," the Malay Peninsula becomes, to use Sir Hugh Clifford's own words, "as safe and almost as peaceful and orderly as an English countryside." But the trouble with making the world safe for democracy and other things is that it makes it entirely unsafe for Romance. Sir Hugh Clifford did his governmental work so well in Pahang that probably if he returned there to-day he would find no stories to write!


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 THE FURTHER SIDE OF SILENCE

I

OME years before the impassive British Government came to disturb the peace of primitive nature and to put an end to the strife of primitive man, Kria, son of Mat, a young Malay from one of the western states, sneaked up into the Telom and established himself as a trader on its banks well within the fringe of the Sâkai country.

Aided by a few Sâkai—feeble and timid jungle-folk, the aboriginal possessors of the Peninsula—but mainly with his own hands, he built himself a house with walls of thick, brown bark, raised to a height of some six feet above the ground on stout, rough-hewn uprights, and securely thatched with běrtam palm leaves. It was a rude enough affair, as Malay houses go, but compared with the primitive and lopsided architecture of the Sâkai it was palatial. The fact that this stranger had planned and built such a mansion impressed the fact of his innate racial superiority upon the jungle-dwellers once and for all. Here, they saw, was Genius, no less; though their language (which among other things has only three numerals and as many names for colours) contained no word even remotely conveying any such


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 extremely unpleasant, a cold and piercing wind howled through the trees, of whose increasing violence the hoarse screams of water-fowl gave sure and melancholy intimation, the clouds seemed staggering with giddy poise, and the moon vainly endeavouring to emerge from them, if for a moment she was discovered,

Her watery lustre rather increased than diminished the solemn gloom. Madeline, however, pursued her way, and as she cast her eyes upon the long perspective of black and distant mountains, she thought of the friends that had so recently travelled over them, and her regret for their absence was heightened by believing their company would have been a source of pleasure and comfort to the Countess. From them her thoughts reverted to another object, one she


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 THE WERE-TIGER

I

N THE more remote parts of the Malay Peninsula five and twenty years ago we lived in the Middle Ages, surrounded by all the appropriate accessories of the dark centuries. Magic and evil spirits, witchcraft and sorcery, spells and love-potions, charms and incantations are, to the mind of the unsophisticated native, as much a matter of everyday life, and almost as commonplace, as is the miracle of the growing rice or the mystery of the reproduction of species. This basic fact must be realized by the European, if the native's view of human existence is to be understood, for it underlies all his conceptions of things as they are. Tales of the marvellous and of the supernatural excite interest and it may be fear in a Malayan audience, but they occasion no surprise. Malays, were they given to such abstract discussions, would probably dispute the accuracy of the term "supernatural" as applied to much that white men would place unhesitatingly in that category. They know that strange things have happened in the past and are daily occurring to them and to their fellows. Such experiences are not common to all, just as one man here and there may be struck by lightning while


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 Introduction to the Third Edition of the

The Compendium of U.S. Copyright Office Practices, Third Edition (the “Compendium” or “Third Edition”) is the administrative manual of the Register of Copyrights concerning Title 17 of the United States Code and Chapter 37 of the Code of Federal Regulations. It provides instruction to agency staff regarding their statutory duties and provides expert guidance to copyright applicants, practitioners, scholars, the courts, and members of the general public regarding institutional practices and related principles of law. See 37 C.F.R. § 201.2(b)(7).

Effective Date of the Third Edition

The Compendium, Third Edition was released and became effective on December 22, 2014.

The Compendium, Third Edition is a living, electronic document accessible on the official website of the U.S. Copyright Office. The Office publishes regular revisions, as appropriate, to reflect changes in the law and/or practices, which customers may access, download, or print. The version posted on the Office’s website at any given time should be consulted as the current official version. The Office maintains an archive of all revisions so released, as well as prior versions.

Citing to the Compendium

The full title of this manual is the “Compendium of U.S. Copyright Office Practices, Third Edition.” The full title may be abbreviated as the “Compendium.” The manual may be cited as follows:

Full citation:
 * , § 101 (3d ed. 2014).

Short form citation:
 * § 101.1(A).

What the Compendium Covers

The Compendium documents and explains the many technical requirements, regulations, and legal interpretations of the U.S. Copyright Office with a primary focus on the registration of copyright claims, documentation of copyright ownership, and recordation of copyright documents, including assignments and licenses. It describes the wide range of services that the Office provides for searching, accessing, and retrieving information located in its extensive collection of copyright records and the Introduction : 1


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 dared not think her friend, yet could not call her enemy; the idea of his being now exposed upon the cheerless heights she viewed, to the inclement blast, wrung her heart with agony; she tried, however, to repel it, by reflecting that it would, by enervating, render her unable to pay the attentions she wished to her benefactress; and also, that to think voluntarily of him, was acting contrary to the solemn resolution she had formed, to try and forget him. She continued out till the wind grew so violent that it quite chilled and fatigued her; as she returned to the chateau she saw on every side a blackening train of clamorous rooks seeking their accustomed shelter among the tall trees surrounding it, while, assiduous in his bower, the owl plied his sad song, and the water-fowl, wheeling from their nests upon the lake, screamed along the land.

Madeline slowly ascended the stairs, and repairing to the dressing-room, found Agatha and Floretta there; she eagerly en-


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 quired about the Countess, and they informed her, that she still slept, and had done so almost from the time she had quitted her. They also said, that her Ladyship had desired them to sit up in the dressing-room, as a light in her chamber was disagreeable to her. Madeline instantly declared she would keep them company, and felt rejoiced to hear of the repose of her friend, flattering herself it was a sign of her being better.

Every thing, which could give comfort to the night, was already provided. A cheerful fire blazed in the grate, the brightness and warmth of which were truly reviving to the depressed spirits and chilled frame of Madeline; and before it lay a table, covered with bread, meat, and rich wines. Madeline took a bit of bread and some wine, and seated herself beside the fire. It was now the hour at which the servants generally went to rest, and with light steps they were soon heard retiring to their respective chambers; a profound stillness then reigned throughout the


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 THE EXPERIENCES OF RÂJA HAJI HAMID

HESE things were told to me by Râja Haji Hamid as he and I lay smoking on our sleeping-mats during the cool still hours before the dawn. He was a member of the Royal Family of Sĕlângor, and he still enjoyed throughout the length and breadth of the Peninsula the immense reputation for valour, invulnerability, successful homicides, and other manly qualities and achievements which had made him famous ere ever the white men came. He had accompanied me to the east coast as chief of my followers—an excellent band of ruffians who (to use the phrase at that time current among them) were helping me to serve as "the bait at the tip of the fish-hook" at the court of the Sultan of an independent Malay state. He had been induced to accept this post partly out of friendship for me, but mainly because he was thus enabled to turn his back for a space upon the deplorably monotonous and insipid conditions to which British rule had reduced his own country, and because, in the lawless land wherein I was then acting as political agent, he saw a prospect of renewing some of the stirring experiences of his youth.

Râja Haji and I had passed the evening in the Sultan's bâlai, or hall of state, watching the Chinese


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 Castle—a stillness, however, which was soon interrupted by the wind, that had now increased to a tremendous degree. Sometimes it howled dismally through the long galleries; sometimes came in such sudden squalls against the doors, that it almost burst them open, whilst the forest was heard groaning beneath its fury; and ever and anon loose stones came tumbling from the battlements of the Castle.

The dejection of Madeline's heart returned—a dejection, which the account she received of her friend had a little dissipated, and with it a terror she could not suppress; she laid down the cup of wine, and casting her eyes upon her companions, perceived, by their countenances, they were equally affected.

"How mournfully the wind howls (said Agatha, in a low voice); the Lord have mercy (devoutly crossing herself) upon all who are at sea! many a stout heart will go


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 to the bottom, I fear, to-night. 'Tis very odd, yet very true, that the night before my Lord the Count de Merville (Heaven rest his soul! again crossing herself) died, there was just such a storm as there is now; the noise it made throughout the house was just as if people had been fighting and shrieking about it. I thought at the time, the sounds were presageful ones; particularly as the birds kept such a screaming and fluttering about the windows, for their screams are always sure foretellers of death. Indeed they have not been very quiet to-night."

"No (cried Madeline, wishing to check the involuntary horror with which the words of Agatha had inspired her), because they are now, as they were then, disturbed by the storm; 'tis well known, that their screams not only foretell, but last during one. I have heard my father say, that people who live near the sea always take warning by them, and never (if possible to avoid doing so) venture upon it, while they continue."


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 "I shall never be made, however, to believe that they do not forebode something more than a storm (cried Agatha); no, Mam'selle, be assured they are certain prognostics of death; but such warnings as these are not confined to one family, like others that I know of: For instance, in the Castle of the Marquis de Vermandois, about two leagues from this, a great bell always tolls before the death of any one belonging to it; and there never was any change about taking place in this chateau that there was not a dreadful storm before-hand, accompanied by the fall of an old suit of armour, which hangs on the left side of the hall, nearly opposite the dining parlour, and which belonged to the founder of the mansion."

"I know the suit you mean (said Madeline); I have often examined it as a curious piece of antiquity; but the reason it falls, when there is a storm, is, because the wind then gets through the crevices of the walls, and blows it down."


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 DROIT DU SEIGNEUR

NE morning, not so very many years ago, old Mat Drus, bare to the waist, sat cross-legged in the doorway of his house, in the little sleepy village of Kĕdôndong on the banks of the Pahang River. A single wide blade of lâlang grass was bound filet-wise about his forehead to save appearances, for all men know that it is unmannerly to wear no headdress, and Mat Drus had mislaid his kerchief. His grizzled hair stood up stiffly above the bright green of the grass-blade; his checks were furrowed with wrinkles; and his eyes were old and dull and patient—the eyes of the driven peasant, the cattle of mankind. His lips, red with the stain of areca nut, bulged over a damp quid of Java tobacco, shredded fine and rolled into a ball the size of a large marble. His jaws worked mechanically, chewing the betel nut, as a cow chews the cud, and his hands were busy with a little brass tube in which he was crushing up a fresh quid, for his teeth were old and ragged and had long been powerless to masticate the nut without artificial aid. The fowls clucked and scratched about the litter of trash with which the space before the house was strewn; and a monkey of the kind the Malays call brôk, and train to pluck cocoanuts, sat


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 "You are very incredulous, Mam'selle (cried Agatha); but you'll never be able to make me believe otherwise than I do now. Lord! I still tremble at the recollection of what I suffered, when I heard the armour fall with such a crash a few minutes before my Lord's death. I was alone with him, and that, to be sure, augmented my terror; for my lady, overcome by grief, had fainted, and was carried from the room by the other attendants."

"I have heard say, indeed (cried Floretta, who had hitherto listened to the words of Agatha with the most profound attention) that those warnings of death are very common."

"God, of his infinite mercy (said Madeline) may perhaps give such warnings to the wicked, in order to awaken them to repentance; but to the good, to those whose lives prepare them at any hour for his summons, I never can believe he does."

"I shall enter into no argument about the matter (cried Agatha); for nothing could persuade me out of my own opinion."


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 "Yet what Mam'selle says seems just enough (said Floretta); for why should the good, who need no preparation for death, be warned of it as well as those whose bad actions render it necessary they should, in order to have them brought to repentance."

"Well (replied Agatha), I have not a doubt but what they come to both?"

"What a dreadful thing it must be, to have a troubled conscience, when one is near dying," resumed Floretta.

"Ay, or at any other time either (exclaimed Agatha); many a foul deed has it forced people to reveal."

"There is a memorable story told about that (said Floretta), in the part of Burgundy I come from."

"Well, tell it (cried Agatha); it will help to pass away the time."

"There stood, about fifty years ago (began Floretta, drawing her chair closer to her companion's), near the village where I was born, an old mansion, which had for many years been uninhabited, for its owner, being


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 given to travel in foreign parts, never gave himself any trouble at all about repairing it; so that, owing to his neglect, it went by degrees so much to rack and ruin, that two servants, who had been left in it, thought it unsafe to continue in it, and accordingly quitted it.

"Well, in process of time, the unthrifty master of this old chateau died; and never having been married, it fell to a distant relation, who was delighted (as you may well think) to have the fine estate surrounding it become his: he was neither given to squandering nor gadding; and knowing what the comforts of a good home were, he directly ordered the ruin to be pulled down, that he might have another house built in its place. This you may be sure was a joyful order for the tenants; for 'tis the life of the poor souls to have a rich landlord live amongst them, particularly one that is generous and good, as was the gentleman I am speaking of. They set merrily to work, and soon demolished most of the building; for 'tis a true saying,


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 that willing minds, like many hands, make light work.

"As they were destroying the wall of a vault, which had once been used for family stores, they found, within a niche of it, against which a parcel of loose stones were piled, the skeleton of a full-grown person.—You may well conceive their consternation at such a sight; for it immediately struck them that this was the skeleton of a murdered person, else what should bring it there.

"The discovery was soon spread throughout the village, and all the folks came flocking to the place. They were all of one opinion, that some one had been murdered in the house, and that the crime had been committed after it became deserted. They strove to recollect whether any person, within their memories, had been suddenly missed from their neighbourhood, but could not remember a circumstance of the kind.

"While they were busy talking over the matter, there came riding by an elderly gentleman, well dressed, and of a grave and


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 comely appearance; so seeing the crowd, he stopped his horse, as was natural enough, and alighting from it, entered the court-yard, and enquired what was the matter.

'A sad affair, master (replied one of the oldest of the villagers); we have just discovered that a murder was committed within the walls we have been destroying.'

'A murder! (repeated the gentleman, changing colour); a murder!—Pray, my good friend, how did you discover it?'

'Why, by finding a skeleton hid within a vault: you may be sure, if the person to whom it belonged had died fairly, it would never have been stuffed into such a place. They, to be sure, who committed the cruel act, thought they were secure enough of its never being found out by hiding it there, but you see they were mistaken. The watchful eye of God is over all; he seldom suffers murder to escape the punishment it merits: and indeed I can scarcely doubt that the discovery of the skeleton is but the forerunner of the discovery of the murderer.'


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, Third Edition associated fees for these services. The Compendium provides guidance regarding the contents and scope of particular registrations and records. And it seeks to educate applicants about a number of common mistakes, such as providing incorrect, ambiguous, or insufficient information, or making overbroad claims of authorship.

The Compendium does not cover every principle of copyright law or detail every aspect of the Office’s administrative practices. The Office may, in exceptional circumstances, depart from its normal practices to ensure an outcome that is most appropriate.

Standard of Deference for the Compendium

The Compendium does not override any existing statute or regulation. The policies and practices set forth in the Compendium do not in themselves have the force and effect of law and are not binding upon the Register of Copyrights or U.S. Copyright Office staff. However, the Compendium does explain the legal rationale and determinations of the U.S. Copyright Office, where applicable, including circumstances where there is no controlling judicial authority.

The Supreme Court recognized that courts may consider the interpretations set forth in administrative manuals, policy statements, and similar materials “to the extent that those interpretations have ‘the power to persuade.’” Christensen v. Harris County, 529 U.S. 576, 587 (2000) (internal citations omitted). “The weight of [the agency’s] judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade….” Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944).

Courts have cited the Compendium in numerous copyright cases. See, e.g., Alaska Stock, LLC v. Houghton Mifflin Harcourt Publishing Co., 747 F.3d 673, 684 (9th Cir. 2014) (finding the Compendium “persuasive” concerning the registration requirements for databases); Inhale, Inc. v. Starbuzz Tobacco, Inc., 739 F.3d 446, 449 (9th Cir. 2014) (finding the Compendium “persuasive” on the issue of conceptual separability); Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., 888 F. Supp. 2d 691, 706–07 (D. Md. 2012) (deferring to the Compendium concerning the registration requirements for collective works); Rogers v. Better Business Bureau of Metropolitan Houston, Inc., 887 F. Supp. 2d 722, 732 (S.D. Tex. 2012) (“The Copyright Office’s ‘policy statements, agency manuals, and enforcement guidelines’ do not carry ‘the force of law,’ but they are entitled to some deference given the ‘specialized experience and broader investigations and information’ of the agency.”); McLaren v. Chico’s FAS, Inc., 2010 U.S. Dist. LEXIS 120185, at **9–10 (S.D.N.Y. Nov. 9, 2010) (concluding that the Office’s interpretation of the unit of publication regulation “is particularly compelling”).

Compendium Chapters

The Compendium’s chapter scheme addresses the following key areas: Introduction : 2
 * Background on U.S. Copyright Office and general copyright law.
 * Overview of the registration process.


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 "The old man and the stranger were standing by a wall, against which the skeleton was placed; but the latter had hitherto been kept from seeing it, by some women who stood between it and him; they now drew back, supposing that, like themselves, he would be curious enough to wish to examine it.—Scarcely had they done so, when, just as the old man had finished his last sentence, a violent gust of wind arose, which blew down the skeleton, and it fell plump at the stranger's feet. He started back, as any one indeed might have done at such an accident, and attempted directly to leave the place; but some how or other, his foot was entangled by the skeleton, so that he could not move. Well, when he perceived this, he gave a deep groan, and sunk upon the ground. The people hastened to his assistance; he was lifted up—but it was many minutes ere he showed any signs of life; and when he did, it was at first only by dismal sighs. At last opening his eyes, he took the old man's hand, who helped to support him—


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 'Oh! my good friend (cried he) your words were but too true; the discovery of that frightful spectacle but foreruns the discovery of the murderer; in me you behold that guilty wretch.'—At this there was a general cry, and all praised the wonderful Providence of Heaven.

'You shall have (he continued) a full confession of my guilt; I no longer wish (even if it was possible to do so) to evade the punishment due to it.'

"As he spoke, he fell into such agonies, that they thought he would have died, and were forced to get him some wine to take.

"Being a little revived by it, he was seated on the grass, and thus began:—

'To the old, as well as the young, my story may be instructive; it will prove to the former, that their authority over youth should never be too much relaxed; and to the latter, that those who are disobedient to their parents or guardians, and waste the morning of their life in idleness or vice, may assuredly expect to end its evening in misery.


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 same chromate of lead enters largely into its composition; and he still thinks that madder yellow is a sound paint, because it is called madder, while he rejects the yellow lakes, which are derived from the same source. His linseed oil is neither made from pure linseed, nor cold-drawn; his copal varnish may not have a particle of pure copal in it; but both are taken on trust. I do not expect that artists should become chemists trained to test their materials, but they will place themselves in a position of comparative security by acquiring an elementary knowledge of the origin, the composition, and the characteristics of the various products with which their works are constructed. An architect is expected to recognise the sound or unsound quality of the timber, the stone, the brick, the iron, with which the edifice he designs is constructed: why should the painter take everything on trust? The purchaser of a picture ought not to be distressed by doubts as to its stability. The concentration of the artist's attention on the definitely artistic side of his practice must, of course, be in no wise interfered with, but time may still be found for the acquisition of such knowledge of his materials as shall enable him to discriminate between the good and the bad. He may even try, with great advantage, a few simple experiments— experiments performed in a few minutes with the simplest apparatus, and with the most innocent of reagents. These are the more necessary now that painters no longer buy their raw materials, or make their own paints, and oils, and varnishes, or prepare their own canvases and panels. Before colourmen generally undertook such work, early in the seventeenth century, painters were eager after receipts, and, there can be no doubt, were ignorant of reasons: there was little exact science


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 I was born of reputable parents, in a small town in this province. The comforts they enjoyed, which were sufficient to satisfy humble dispositions, were procured by their own industry, and, with the inheritance of the little property they had acquired, they trusted I would possess a spirit temperately to enjoy, and honestly to increase it; but their over-indulgence marred their wishes. I soon discovered their easiness of temper, and, in consequence of that easiness, grew importunate in my demands—demands which they soon lost the power of refusing; and I became, from their compliance, giddy and dissipated in the extreme. Too late my parents perceived their error, in allowing me such latitude as they had done, and in not checking, at the beginning, the propensities I early showed to idleness and dissipation. Their remorse, together with the disappointment of their hopes relative to me, terminated their lives (while I was yet in the prime of my youth) and they died within a short period of each other. I felt some little compunction and re-


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 gret; but the first call of pleasure drove them from my heart, and I resumed my former courses. A continuance in them soon dissipated the little property I possessed. I then resolved to abandon my native country, and seek subsistence in another part of the world. This resolution I imparted to a particular friend, a youth about my own age, and, like me, an orphan. Our attachment had commenced at the first dawning of reason, and a kind of infatuation seemed to bind him to me; he was ever ready to join me in my schemes, and often, latterly, assisted my declining purse. Through my means, his fortune had been considerably injured; but though his fortune was not wrecked like mine, he now declared he would accompany me to any part of the world I should like to go to; a declaration I rejoiced to hear, as he had the means of keeping me from hardships I otherwise, from the low state of my finances, expected to undergo. He accordingly gathered the remains of his wealth together, and we set out on foot (the better to


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 conceal the distressed situation in which we left the place of our nativity) for Rochelle, from whence we purposed embarking for the West Indies, thinking that the best place for adventurers.

'About sun-set, the first day, we came within sight of this ruined mansion, and feeling extremely tired, we turned into it, and refreshed ourselves with the provisions we carried about us. We thought we could not find a better situation for spending the night in, and we had scarcely determined on doing so, when my companion, more fatigued than I was, fell asleep.

'Evil suggestions, which I had not grace to subdue, then rose in my mind. If the remnant of his wealth was mine (I cried), how much sooner could I realize the schemes I have formed for making my fortune. The idea was too tempting to be resisted, and, with the knife, with which but a few moments before he had helped me to bread, I pierced him to the heart; he never opened his eyes; one deep, one deadly groan, was


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, Third Edition *What is copyrightable. Introduction : 3
 * Who may file an application for copyright registration, and distinguishing between applicants, claimants, and correspondents.
 * What may be or is covered by a registration and legal concepts relating to the authorship and ownership of joint works, works made for hire, derivative works, compilations, and collective works.
 * How to complete an application, including general categories of works and standards for examination.
 * Guidance regarding the copyrightability and registrability of literary works, works of the performing arts, and visual art works (,, and ).
 * Guidance regarding the copyrightability and registrability of websites and website content.
 * When and how to register multiple works with one application, one filing fee, and one set of deposit copies.
 * When and how to register mask works and vessel designs ( and ).
 * Types of applications and filing fees.
 * Identifying and filing proper deposit copies for registration and mandatory deposit.
 * Conditions for, benefits of, and processes for preregistration.
 * How to request reconsideration of a refusal of a registration.
 * How to modify a registration record, such as correcting or amplifying the information in a certificate of registration, cancelling a copyright registration, or asserting an adverse claim to copyright.
 * Guidance on the meaning of publication and how to determine if a work is published.
 * Registering a foreign work.
 * How to seek a renewal registration for works first published or registered before January 1, 1978.
 * Copyright notice and the works that are subject to the notice requirement.


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 all that escaped him; it still sounds in my ears, and ascended to Heaven to call down vengeance on my head.

'After I had committed the execrable deed, I searched for a place to hide the body in; and having discovered a vault, I dragged it thither, and covered the traces of the blood with rubbish. Oh that the mouldering walls had crushed me to atoms, while thus impiously employed! Yet wretch as I am! Oh, why do I say so? Rather let me bless the Power, which mercifully granted me leisure to repent—which perhaps spared me then in order to warn others, by my narration and punishment, from crimes similar to mine.

"To be brief, my dear auditors, I pursued my original intention, and embarked for the West Indies, where every thing succeeded even beyond my expectations. It seemed as if Heaven allowed me to prosper but to prove how mistaken I was, in supposing wealth alone could give me happiness. Alas! dreadful mistake, to think any could be enjoyed from a fortune, whose foundation


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 his neighbours go unscathed; but the manifestations of electric force do not appeal to them as less or more unnatural than other inexplicable phenomena which fill human life with awe.

The white man and the white man's justice are placed by this in a position at once anomalous and embarrassing. Unshaken native testimony, we hold, provides evidence which justifies us in sentencing a fellow creature to death or to a long term of imprisonment; yet we hesitate to accept it or to regard it as equally conclusive when it points, no less unerringly, to the proved existence of, say, the Malayan loup garou. The Malays of Sâiyong, in the Pêrak Valley, for instance, know how Haji Abdullah, the native of the little state of Korinchi, in Sumatra was caught stark naked in a tiger-trap, and thereafter purchased his liberty at the price of the buffaloes he had slain while he marauded in the likeness of a beast. The Malays of other parts of the Peninsula know of numerous instances of Korinchi men who have vomited feathers, after feasting upon fowls, when for the nonce they had assumed the likeness of tigers; and of other men of the same race who have left their garments and their trading-packs in thickets, whence presently a tiger has emerged. The Malay, however, does not know that his strange belief finds its exact counterpart in almost every quarter of the globe where man has found himself in close association with beasts of prey, but such knowledge would neither strengthen nor weaken his faith in that which he regards as a


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 was laid in blood:—with riches, wretchedness, if possible, increased, 'tis now fifteen years since I murdered my friend; and from that period to this, peace has been a stranger to my breast. Remorse pervaded my soul; horror pursued my steps, and the blood I had shed continually swam before me.

'Having at length secured an ample independence, and being disgusted with the place where I lived, or rather, as is often the case with the wretched, imagining change of scene might alleviate my misery, I resolved on returning to my native country; but the abode of my youth I was destined never more to behold; my conscience would not suffer me to remain unconcerned on beholding the skeleton, and thus did Providence, I may say, make me call for justice on myself.'

"In consequence of his confession (continued Floretta), he was committed to prison, and soon after tried, condemned, and executed on the spot where he had committed the murder. A little time before his death, he deposited a sum of money in the hands of


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 a priest, for the purpose of having mass said for the soul of his murdered friend, and a monument erected to his memory in our village church, where his bones were buried.

"Often and often have I seen that monument, upon which, according to his desire, the priest had inscribed the particulars of his strange story, exactly opposite the churchyard; and at the side of the high-way he was interred himself:—his grave could plainly be distinguished when I was last in that part of the country, though all overgrown with grass and weeds, as was the stone placed at its head, to signify the reason he was denied Christian burial. Many and many a time, particularly after it grew dark, I have taken a long circuit to avoid passing it; for 'tis confidently said, and believed by our villagers, that his spirit, and that of the unhappy gentleman he murdered, take their nightly rounds about the place moaning, lamenting, and uttering the most piteous cries. My poor old grandmother, from whom I have repeatedly heard the story, told


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 proven fact. The white man, on the other hand, may see in the universality of this superstition nothing more than an illustration of the effect of an abiding fear upon the human mind; but that explanation-if explanation it can, indeed, be called—does not carry him much farther along the path of discovery. Meanwhile, he has to shoulder aside as worthless masses of native evidence, which in any other connection he would accept as final.

II

The Slim valley lies across the mountain range which divides Pahang from Pêrak. It used to be peopled by Malays of various races—Râwas and Měnangkabaus from Sumatra, men with high-sounding titles and vain boasts wherewith to carry off their squalid, dirty poverty; Pêrak Malays from the fair Kinta Valley, prospecting for tin or trading skilfully; fugitives from troublous Pahang, long settled in the district; and the sweepings of Java, Sumatra, and the Peninsula.

Into the Slim Valley, some thirty years ago, there came a Korinchi trader named Haji Ali, and his two sons, Abdulrahman and Abas. They came, as is the manner of their people, laden with heavy packs of sárong—the native skirt or waistcloth—trudging in single file through the forest and through the villages, hawking their goods among the natives of the place, driving hard bargains and haggling cunningly. But though they came to trade, they stayed long after they had disposed of the contents of their


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 underlying their art. Yet it would be unfair to the best colourmen of the present day to assume that they do not endeavour to provide, as far as possible, sound materials. But they do not manufacture all they sell. They are not paper-makers, nor, as a rule, are they manufacturers of oils and varnishes. Many of the pigments they furnish are not of their own make. If, for instance, you inquire the source of the artificial ultramarine you purchase of your colourman, you will find that it has probably been made in a factory wholly devoted to the manufacture of that pigment. The production of this material can indeed be properly carried on only in special establishments thoroughly equipped for a peculiar and difficult work. In reality, this specialization ought to be, and generally is, advantageous, but it renders the position of the colourman somewhat difficult. He has to assume responsibility for the soundness and genuineness of many products of the history and preparation of which he knows little or nothing.

This difficulty confronts him in many directions. I have known cases in which importers or manufacturers' travellers have offered to artists' colourmen speciously prepared but spurious pigments, such as madder carmine and rose madder made from artificial alizarin, ultramarine ash containing not a particle of the native lapis-lazuli, and a gold ochre owing its colour to a basic ferric sulphate instead of a hydrate. Then, too, some of the original localities of a few native earths, such as terre verte and raw umber, are practically exhausted, and most of the new sources yield products of inferior hue. Hence the temptation to 'exalt' the hue of the commercial article by some seductive though dangerous addition.

After these introductory observations, I may refer the


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 me she was once almost frightened to death, from fancying she had a glimpse of them near the church-yard; and the servants in the house that was rebuilt, have often been almost scared out of their senses, by the noises they have heard within it.

"Thus (continued Floretta) my story proves the truth of what we were saying, namely, that an evil conscience has often occasioned the discovery of foul crimes. It was owing to it that the stranger imagined the falling of the skeleton not an accidental circumstance, but one immediately ordered by Heaven, and from that idea did he betray himself."

"True (cried Agatha, who had listened with deep attention, and great delight), 'tis an old saying, and a just one, that a guilty conscience needs no accuser.

"Lord! if people were to allow themselves a little time to consider, half the bad actions that are committed would be left undone; for they would then reflect, that neither riches nor titles can make amends


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 packs, for Haji Ali took a fancy to the place. In those days, of course, land was to be had almost for the asking; wherefore he and his two sons set to work to clear a compound, to build a house, with a grove of young cocoanut trees planted around it, and to cultivate a rice swamp. They were quiet, well-behaved people; they were regular in their attendance at the mosque for the Friday congregational prayers; and as they were wealthy and prosperous, they found favour in the eyes of their poorer neighbours. Accordingly, when Haji Ali let it be known that he desired to find a wife, there was a bustle in the villages among the parents of marriageable daughters, and though he was a man well past middle life, a wide range of choice was offered to him.

The girl he finally selected was named Patîmah, the daughter of poor folk, peasants who lived on their little patch of land in one of the neighbouring villages. She was a comely maiden, plump and round and light of colour, with a merry face to cheer, and willing fingers wherewith to serve a husband. The wedding-portion was paid; a feast proportionate to Haji Ali's wealth was held to celebrate the occasion; and the bride, after a decent interval, was carried off to her husband's house among the newly planted fruit trees and palm groves. This was not the general custom of the land, for among Malays the husband usually shares his father-in-law's home for a long period after his marriage. But Haji Ali had a fine new house, brave with wattled walls


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 reader to the table of contents for the plan of the present book, and to the prefaces for the object with which it has been prepared. I would add, here, only this one remark, that the materials with which a painting is constructed are described in definite order, beginning with the ground, then passing on to the medium and the pigments, not omitting the final varnish, and finally closing with a brief summary of methods of painting, and of the experimental studies by means of which the conclusions given in the earlier portions of the volume have been reached.


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 for that peace of mind which a wicked deed destroys. No person's lot can be truly miserable, who, on retiring to their beds, can lay their hands upon their hearts, and say within themselves, I may go to rest in peace, assured of the protection of Heaven, from never having wilfully injured man, woman, or child. Such a thought as this will support one through many distresses. May it support us at the hour of death!"—"and in the day of judgment!" (cried Madeline, with involuntary fervour, and raising her hands and eyes to Heaven)—"Amen," rejoined Agatha.

"As one story begets another (continued she), if you have no objection, Mam'selle, I can tell one something to the same purpose of that we have been listening to."

"Objection (repeated Floretta)! Lord! no, to be sure she can't (answering for Madeline); there is nothing, I think, can delight people more than hearing stories; many and many a winter's night I have passed in hearkening to my grandmother's, who had