Editing The Devil and Daniel Webster (section)

==Plot summary==
[[Image:Daniel Webster and the Devil argue in court.jpg|thumb|upright|Webster argues while the devil whispers in the judge's ear. Illustration by Harold Denison.]]
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Farmer Jabez Stone, from the small town of Cross Corners, New Hampshire, is plagued with unending bad luck. He finally says, "it's enough to make a man want to sell his soul to the devil!" The next day, he is visited by a stranger, identified as "[[Old Scratch|Mr. Scratch]]", who offers to give him seven years of prosperity in exchange for his soul. Stone agrees.

Mr. Scratch comes for Stone's soul at the appointed time, and Stone bargains for more years. After that, Scratch refuses an extension. Stone hires noted lawyer and orator Daniel Webster to get him out of the deal.

At midnight of the appointed date, Mr. Scratch and Webster begin their legal argument. It goes poorly for Webster, since Stone's signature and the contract are clear, and Mr. Scratch will not compromise.

Webster says: "Mr. Stone is an American citizen, and no American citizen may be forced into the service of a foreign prince. We [[War of 1812|fought England for that in '12]] and we'll fight all hell for it again!" To this Mr. Scratch insists on his own citizenship, citing his presence at the worst events in the history of the U.S., concluding, "though I don't like to boast of it, my name is older in this country than yours".

Webster demands a trial as the right of every American. Mr. Scratch agrees after Webster says that he can select the judge and jury, "so long as it is an American judge and an American jury". A jury of the damned enters, "with the fires of hell still upon them". They had all done evil, and had all played a part in the formation of the United States:

*[[Walter Butler (Loyalist)|Walter Butler]], a [[Loyalist (American Revolution)|Loyalist]]
*[[Simon Girty]], a Loyalist
*[[Metacomet|King Philip]], [[sachem]] of the [[Wampanoag]] people, who fought against the English
*Governor of Virginia [[Thomas Dale]], known for his high-handed administration
*[[Thomas Morton (colonist)|Thomas Morton]], a rival of the [[Plymouth Colony|Plymouth]] [[Pilgrims (Plymouth Colony)|Pilgrims]]
*Pirate [[Blackbeard|Edward Teach]], also known as Blackbeard
*Reverend John Smeet (fictional character)<ref>Anderson, Charles R. ''Puzzles and Essays from'' ''"The Exchange" – Trick Reference Questions,'' p.&nbsp;122: "In 'The Devil and Daniel Webster' by Stephen Vincent Benét, there is a character named the Reverend John Smeet. Was this a real person?
Note: In a 1960 letter to the ''New York Times Book Review'', Mrs. Stephen Vincent Benét said that Smeet was entirely imaginary.</ref>

After five other unnamed jurors enter ([[Benedict Arnold]] being out "on other business"), the judge enters last. It is [[John Hathorne]], who presided at the [[Salem witch trials]].

The trial is rigged against Webster.  He is outraged but calms himself, thinking "for it was him they'd come for, not only Jabez Stone".

Webster starts to orate on simple and good things – "the freshness of a fine morning...the taste of food when you're hungry...the new day that's every day when you're a child" – and how "without freedom, they sickened". He speaks passionately of how wonderful it is to be human and to be an American.  He admits the wrongs done in the course of American history but points out that something new and good had grown from them and that "everybody had played a part in it, even the traitors". Humankind "got tricked and trapped and bamboozled, but it was a great journey", something "no demon that was ever foaled" could ever understand.

The jury announces its verdict: "We find for the defendant, Jabez Stone." They admit, "Perhaps 'tis [[Jury nullification|not strictly in accordance with the evidence]],<ref>A point sometimes not known or appreciated by the reader is that, by agreeing to a jury trial under common law, Mr. Scratch has also agreed to be bound by the rule that a jury is the exclusive judge of both the facts and the law; as such, even in the face of overwhelming evidence favoring the plaintiff (such as the contract Mr. Scratch had with Stone) the jury could find for the defendant, acting as a sort of local law-making body with the power to suspend the law in this case (this can only be done for acquittals; convictions must be done strictly according to the law and the evidence). Webster, as an experienced lawyer, would know that; presumably Mr. Scratch would have known that as well, but was confident that his hand-picked jury would do his bidding.</ref> but even the damned may salute the eloquence of Mr. Webster." The judge and jury disappear with the break of dawn.  Mr. Scratch congratulates Webster, and the contract is torn up. The devil has overreached himself, agreeing to a jury trial out of pride in his unbreakable contract. But by doing so, he has put his contract within the reach of the [[Common Law]] used in the United States, under which a jury can enter whatever verdict it likes, regardless of the law. Webster's eloquence in swaying this supposedly unswayable jury is remarkable, but would have gone to no effect without the devil's pride-induced mistake in giving Webster a chance.

Webster then grabs the stranger/Satan and twists his arm behind his back, "for he knew that once you bested anybody like Mr. Scratch in fair fight, his power on you was gone." Webster makes him agree "never to bother Jabez Stone [[Fee simple|nor his heirs or assigns]] nor any other New Hampshire man till [[Eschatology|doomsday]]!"

Mr. Scratch offers to tell Webster's fortune in his palm. He foretells (actual) events in Webster's future, including his failure to become President (an actual ambition of his), the death of Webster's sons (which happened in the [[American Civil War]]) and the backlash of his last speech, warning "Some will call you [[Ichabod]]" (as in [[John Greenleaf Whittier]]'s poem in reaction to Webster's controversial [[Daniel Webster#Compromise of 1850|Seventh of March speech]] supporting the [[Compromise of 1850]] that incorporated the [[Fugitive Slave Act of 1850|Fugitive Slave Act]], with many in the North calling Webster a traitor).

Webster asks only if the Union will prevail.  Scratch admits that the United States will remain united after the war.  Webster then laughs, "... and with that he drew back his foot for a kick that would have stunned a horse. It was only the tip of his shoe that caught the stranger, but he went flying out of the door with his collecting box under his arm ... And he hasn't been seen in the state of New Hampshire from that day to this."