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 plan they would hang out the S. R. O. sign. No matter how large they are they do not seem to be large enough. And in addition to these large denominational churches there are many smaller ones also crowded, and a plethora of outlaw sects, ranging from Holy Rollers to Black Jews and Moslems.

The Holy Rollers collect in small groups of oa twenty-five to one hundred and call themselves various things. Some are known as the Saints of God in Christ, others call themselves members of the Church of God and still others call themselves Sanctified Children of the Holy Ghost. Their meetings are primitive performances. Their songs and chants are lashing to the emotions. They also practice healing, and, during the course of their services, shout and dance as erotically and sincerely as savages around a jungle fire.

The Black Jews are a sect migrated from Abyssinia. Their services are similar to those in a Jewish Synagogue only they are of a lower order, for these people still believe in alchemy and practice polygamy when they can get away with it. Just recently a group of them were apprehended by agents from the Department of Justice for establishing a free love farm in the State of New Jersey. They


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 were all citizens of Harlem and had induced many young Negro girls to join them.

The Mohammedans are beginning to send missionaries to work among Negroes in America. Already they have succeeded in getting enough converts in Harlem, Chicago, St. Louis and Detroit to establish mosques in these cities. There are about one hundred and twenty-five active members of the Mohammedan church in Harlem, practicing the precepts of the Koran under the leadership of an Islamic missionary.

The Spiritualist churches also thrive in Harlem. There are about twenty-five or more of their little chapels scattered about. They enjoy I an enormous patronage from the more superstitious, ignorant classes. The leaders of the larger ones make most of their money from white clients, who drop in regularly for private sessions.

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


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The Harlem Negro owns, publishes, and supports five local weekly newspapers. These papers are just beginning to influence Harlem thought and opinion. For a long time they were merely purveyors of local gossip and scandal. Now some of them actually have begun to support certain issues for the benefit of the community and to cry out for reforms in the regulation journalistic manner.

For instance, The New York Age, which is the oldest Negro weekly in New York, has I conducting a publicity campaign against numbers and saloons. These saloons are to this paper as unwelcome a Harlem institution as the numbers. Each block along the main streets has at least one saloon, maybe two or three. They are open affairs, save instead of calling themselves saloons, they call themselves cafes. To get in is an easy matter. One has only to approach the door and look at a man seated on a box behind the front window, who acknowledges your look by pulling a chain which releases a bolt on the door. Once in you order what you wish from an bartender and stand before an old-fashioned bar with a brass rail, mirrors, pictures, spittoons, and everything. What is more, they even have ladies' rooms in the rear.

The editor of The New York Age, in the process of conducting his crusade, published


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 the addresses of all these saloons and urged that they be closed. The result of his campaign was that they are still open and doing more business than ever, thanks to his having informed people where they were located.

At first glance any of the Harlem newspapers give one the impression that Harlem is a hotbed of vice and crime. They smack of the tabloid in this respect and should be considered accordingly. True, there is vice and crime in Harlem as there is in any community where living conditions are chaotic and crowded.

For instance, there are 110 Negro women in Harlem for every 100 Negro men. Sixty and six-tenths percent of them are regularly employed. This, according to social service reports, makes women cheap, and conversely I suppose makes men expensive. Anyway there are a great number of youths and men who are either wholly or partially supported by single or married women. These male parasites, known as sweetbacks, dress well and spend their days standing on street corners, playing pool, gambling and looking for some other "fish" to aid in their support. This is considered by some an alarming condition inasmuch as many immigrant youths from foreign countries and rural southern American districts naturally inclined to be lazy, think that it is smart and citified to be a parasite and do almost anything in order to live without working.

The newspapers of Harlem seldom speak of this condition, but their headlines give eloquent testimony to the results, with their re-


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 ports of gun play, divorce actions (and in New York State there is only one ground for divorce) and brick-throwing parties. These conditions are magnified, of course, by proximity, and really are not important at all when the whole vice and crime situation in greater New York is taken under consideration.

To return to the newspapers, The Negro World is the official organ of the Garvey Movement. At one time it was one of the most forceful weeklies among Negroes. Now it has little life or power; its life-giving mentor, Marcus Garvey, being in Atlanta Federal Prison. Its only interesting feature is the weekly manifesto Garvey issues from his prison sanctum, urging his followers to remain faithful to the cause and not fight among themselves while he is kept away from them.

The Amsterdam News is the largest and most progressive Negro weekly published in Harlem. It, like all of its contemporaries, is conservative in politics and policy, but it does feature the work of many of the leading Negro journalists and has the most forceful editorial page of the group, even if it does believe that most of the younger Negro artists are "bad New Negroes."

The New York News is a political sheet, affecting the tabloid form. The Tattler is a scandal sheet. It specializes in personalities and theatrical and sport news.


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Harlem has been called the center of the American Negroes' cultural renaissance and the mecca of the New Negro. If this is so, it so only because Harlem is a part of New York, the cultural and literary capital of America. And Harlem becomes the mecca of the so-called New Negro only because he imagines that once there he can enjoy the cultural contact and intellectual stimulation necessary for his growth.

This includes the young Negro writer who comes to Harlem in order to be near both patrons and publishers of literature, and the young Negro artist and musician who comes to Harlem in order to be near the most reputable artistic and musical institutions in the country.

These folk, along with the librarians employed at the Harlem Branch of the New York Public Library, a few of the younger, more cultured professional men and women and the school teachers, who can be found in the grammar and high schools all over the city, constitute the Negro intelligentsia. This group is sophisticated and small and more a part of New York's life than of Harlem's. Its members are accepted as social and intellectual equals among whites downtown, and can be found at informal and formal gatherings in any of the five boroughs that compose greater New York. Har-


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 lem to most of them is just a place of residence; they are not "fixed" there as are the majority of Harlem's inhabitants.

Then there are the college youngsters and local intellectuals, whose prototypes can found in any community. These people plan to attend lectures and concerts, given under the auspices of the Y. M. C. A., Y. W. C. A., churches, and public school civic centers. They are the people who form intercollegiate societies, who stage fraternity go-to-school campaigns, who attend the course of lectures presented by the Harlem Branch of the New York Public Library, during the winter months, and who frequent the many musical and literary entertainments given by local talent in Harlem auditoriums.

Harlem is crowded with such folk. The three great major educational institutions of New York, Columbia, New York University and the College of the City of New York, have a large Negro student attendance. Then there are many never-will-be-top-notch literary, artistic and intellectual strivers in Harlem as there are all over New York. Since the well advertised "literary renaissance," it is almost a Negro Greenwich Village in this respect. Every other person one meets is writing a novel, a poem or a drama. And there is seemingly no end to artists who do oils, pianists who pound out Rachmaninoff's Prelude in C Sharp Minor, and singers, with long faces and rolling eyes, who sing spirituals.


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Harlem, the so-called citadel of Negro achievement in the New World, the alleged mecca of the New Negro and the advertised center of colored America's cultural renaissance. Harlem, a thriving black city, pulsing with vivid passions, alive with colorful personalities, and packed with many types and classes of people.

Harlem is a dream city pregnant with wide-awake realities. It is a masterpiece of contradictory elements and surprising types. There is no end to its versatile presentation of people, personalities and institutions. It is a mad medley.

There seems to be no end to its numerical and geographical growth. It is spreading north, east, south and west. It is slowly pushing beyond the barriers imposed by white people it is slowly uprooting them from their present homes in the near vicinity of Negro Harlem as it has uprooted them before. There must be expansion and Negro Harlem is too much a part of New York to remain sluggish and still while all around is activity and expansion. As New York grows, so will Harlem grow. As Negro America progresses, so will Negro Harlem progress.

New York is now most liberal. There is little racial conflict, and there have been no inter-racial riots since the San Juan Hill days. The question is will the relations between


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 New York Negro and New York white man always remain as tranquil as they are today? No one knows, and once in Harlem one seldom cares, for the sight of Harlem gives any Negro a feeling of great security. It is too large and too complex to seem to be affected in any way by such a futile thing as race prejudice.

There is no typical Harlem Negro as there is no typical American Negro. There are too many different types and classes. White, yellow, brown and black and all the intervening shades. North American, South American. African and Asian; Northerner and Southerner; high and low; seer and fool—Harlem holds them all, and strives to become a homogeneous community despite its motley hodge-podge of incompatible elements, and its self-nurtured or outwardly imposed limitations.


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text: Negro Life in New York's Harlem

title: Negro Life in New York's Harlem


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68 Thy counsel ’s good, if good in ill can be;

For “best” means “briefest” in calamity.

Oh, let it come!

Oh, now appear,

Of all days most dear,

The brightest for me,

Day supreme!

Oh, that I could see

But the gleam!

Let it come,

Fairest, best,

Day of doom,

When I rest!

That never again these eyes

May behold another sunrise.

The future will decide. The present need

Claims our attention,—ours naught else to heed.

My heart’s desires were summed up in that prayer.

Pray then no more; for fate, in any shape,

Hath mortal man no power to escape.

Away, lead away

The rash fool, I pray,

Who unwittingly slew

His child, O my son,

What am I now to do?

See what I have done!

Slain thee, my child;

And thee, too, my wife!

Woe myriad-piled

Crushes out my life!

Where shall I turn my gaze or my mind,

Where support, where solace now find?


text: Negro Life in New York's Harlem/Chapter 1


text: Negro Life in New York's Harlem/Chapter 2


text: Negro Life in New York's Harlem/Chapter 3


text: Negro Life in New York's Harlem/Chapter 4


text: Negro Life in New York's Harlem/Chapter 5


text: Negro Life in New York's Harlem/Chapter 6


text: Negro Life in New York's Harlem/Chapter 7


text: Negro Life in New York's Harlem/Chapter 8


text: Negro Life in New York's Harlem/Chapter 9


text: Negro Life in New York's Harlem/Chapter 10


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S.O. Code No. 88–832*


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Row No. 1. 25 grape vines, planted about 7½ feet apart. The first three years these are trained to plain stakes or bean poles, the space in the rows between the vines being planted with strawberries, peas, beans or some other low-growing crop, to occupy the ground and insure good cultivation. When the vines have made strong canes and have reached the tops of the poles, a post is set at each vine and a trellis made, as described in the chapter on grapes. This row is six feet distant from the north boundary line of the garden.

Rows No. 2. These rows are twelve feet distant from each other and from the row of grapes, and are planted with blackberry vines, at a distance of three feet in the rows. Though this may seem like a good deal of “elbow room,” it is as close as they can be planted to keep them in good order; if planted closer they will form an impenetrable jungle by the end of the second season.

Rows No. 3. These two rows are planted with red and black raspberries, the rows also twelve feet apart, but the plants set 2½ feet apart in the rows.

Row No. 4. This is planted with rhubarb, sage and thyme, currants and gooseberries, and is twelve feet distant from the rows on either side.

Row No. 5. Is twelve feet from row No. 4, and is planted with asparagus, as described in the special chapter on that vegetable.

Rows No.6. These two rows are to be planted with spring-set strawberries for the next year’s crop, and are four feet distant from the asparagus and from each other. The strawberries are intended to be grown on the matted row plan, and to be cultivated with the horse cultivator; if they are to be grown in stools, another row can be planted between them, and the whole worked with the wheel or hand hoes.

Row No. 7. This row is for watermelons or cantaloupes, and the line of hills is six feet distant from the row on either side. The space in the row between the hills can be planted with egg plants, cabbage, lettuce or such other plants as may be desired.

Row No. 8. This row is a space four feet wide, with room for the cultivator on either side; this is raked fine and planted in four rows one foot apart, the first row containing beets and carrots; the second, onions; the tables raised will hardly cover the original cost of the seed. The gardener who sells his products, unless his crops are of the best, will soon find his trade falling off, and will be compelled to seek new customers each market day. Personally, I have found it more satisfactory and productive of better results to buy 2


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 This argument comes closest to overcoming the hurdle presented to plaintiffs. If plaintiffs were able to flesh out this argument in an amended complaint, it may establish that the dangers of McDonalds’ products were not commonly well known and thus that McDonalds had a duty toward its customers. The argument also addresses McDonalds’ list of horribles, i.e., that a successful lawsuit would mean that “pizza parlors, neighborhood diners, bakeries, grocery stores, and literally anyone else in the food business (including mothers cooking at home)” (Defs.’ Mem. at 3), could potentially face liability. Most of the above entities do not serve food that is processed to the extent that McDonalds’ products are processed, nor food that is uniform to the extent that McDonalds’ products are throughout the world. Rather, they serve plain-jane hamburgers, fries and shakes—meals that are high in cholesterol, fat, salt and sugar, but about which there are no additional processes that could be alleged to make the products even more dangerous. In addition, there is the problem of causation; hardly any of the entities listed above other than a parent cooking at home serves as many people regularly as McDonalds and its ilk.

In response to this argument, McDonalds claims that, even if true, it is also a matter of common knowledge that any processing that its foods undergo serve to make them more harmful than unprocessed foods. Defs.’ Reply Mem. at 12–13. It is premature to speculate as to whether this argument will be successful as a matter of law if the plaintiffs amend their complaint to include these allegations, as neither argument has been more than cursorily presented to the Court and certainly is not properly before it. McDonalds’ argument is insufficient, however, to convince this Court that the plaintiffs should not have the opportunity to amend their complaint to include these allegations.

 * ii. Allergic Sensitivity

Plaintiffs also argue in their papers, less successfully, that McDonalds has a duty to plaintiffs because they have an “allergic sensitivity” to McDonalds fare. E.g., Restatement (Third) Tortsof Torts [sic]: Product Liability, § 2 (1998).

To state such a claim, however, “the ingredient that causes the allergic reaction must be one whose danger or whose presence in the product is not generally known to consumers. When both the presence of an allergenic ingredient in the product and the risks presented by such an ingredient are widely known, instructions and warnings about that danger are unnecessary.” Id.; see also ''Kaempfe v. Lehn & Fink Prods. Corp., 21 A.D.2d 197, 200–01, 249 N.Y.S.2d 840, 845 (1st Dep’t 1964) (holding that existence of duty depends upon manufacturer’s actual or constructive knowledge that product contains ingredient to which substantial number of population is allergic) (citing'' Tentative Draft No. 7 of Restatement (Second) Tortsof Torts [sic]).

As noted above, there are no allegations in the Complaint with regard to this claim. Plaintiffs have not alleged that cholesterol, fat, salt and sugar—or any other ingredients in McDonalds products—are “allergens,” nor have they made the case that the existence and effects of such ingredients are unknown to the public at large. In the absence of such allegations, the theory fails.

 * iii. Foreseeable Misuse

Plaintiffs also attempt to ground a duty in a claim that eating McDonalds with high


text: How and What to Grow in a Kitchen Garden of One Acre (10th Ed)


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 frequency is a “misuse” of the product of which McDonalds is aware. Again, such allegation was not in the Complaint, and, in any case, plaintiffs fail to allege even in their papers that what is at issue is a misuse “in the sense that it was outside the scope of the apparent purpose for which the [products] were manufactured.” Trivino v. Jamesway Corp., 148 A.D.2d 851, 852, 853, 539 N.Y.S.2d 123 (3rd Dep’t 1989). McDonalds’ products were manufactured for the purpose of being eaten, and the injuries complained purportedly resulted from the eating of those products. Plaintiffs cite no case law to support the contention that over-consumption of a food product may be considered a misuse. If they amend their complaint to include an allegation based on misuse, they had better be prepared to do so.

A better argument based on over-consumption would involve a claim that McDonalds’ products are unreasonably dangerous for their intended use. The intended use of McDonalds’ food is to be eaten, at some frequency that presents a question of fact. If plaintiffs can allege that McDonalds products’ intended use is to be eaten for every meal of every day, and that McDonalds is or should be aware that eating McDonalds’ products for every meal of every day is unreasonably dangerous, they may be able to state a claim.

 * iv. The NLEA

Plaintiffs finally attempt to rely on the NLEA, arguing that any finding that McDonalds does not have to label its foods would mean that the NLEA is not worth the paper it is written upon. Plaintiffs’ bizarre argument confuses the instant case—a common law negligence and state statutory cause of action—with any enforcement proceedings by the federal government to ensure that those covered by the NLEA (from which McDonalds and other restaurants are exempt, as discussed above) have the nutritional labeling required by the act. Any determination in this case has nothing to do with whether Haagen-Daaz must include a label as to the nutritional contents of a pint of ice cream. Plaintiffs might just as well argue that this case will affect the labeling of tea in China.

Because Count III has failed to state a claim, it is dismissed.

 * 2. Proximate Cause

McDonalds also argues that Count III should be dismissed because the plaintiffs may not as a matter of law allege that the unhealthy attributes of McDonalds’ products were the proximate cause of their obesity and other health problems.

In order to show proximate cause, a plaintiff must establish that the defendant’s conduct was a substantial cause in


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96 understand that you yourself, who seem to be one individual, are really somebody else.

Cust. What! do you mean to say I'm somebody else, and not myself, now talking to you?

Pyth. Just at this moment you are; but once upon a time you appeared in another body, and under another name; and hereafter you will pass again into another shape still.

[After a little more discussion of this philosopher's tenets, he is purchased on behalf of a company of professors from Magna Grecia, for ten minæ. The next lot is Diogenes, the Cynic.]

Merc. Who'll you have next? That dirty fellow from Pontus?

Jup. Ay—he'll do.

Merc. Here! you with the wallet on your back,—you round-shouldered fellow! come out, and walk round the ring.—A grand character, here, gentlemen; a most extraordinary and remarkable character, I may say; a really free man here I have to offer you—who'll buy?

Cust. How say you, Mr Salesman? Sell a free citizen?

Merc. Oh yes.

Cust. Are you not afraid he may bring you before the court of Areopagus for kidnapping?

Merc. Oh, he doesn't mind about being sold; he says he’s free wherever he goes or whatever becomes of him.

Cust. But what could one do with such a dirty,


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Rh wretched-looking body—unless one were to make a ditcher or a water-carrier of him?

Merc. Well, or if you employ him as door-porter, you'll find him more trustworthy than any dog. In fact, 'Dog' is his name.

Cust. Where does he come from, and what does he profess?

Merc. Ask him—that will be most satisfactory.

Cust. I'm afraid of him, he looks so savage and sulky; perhaps he'll bark if I go near him, or even bite me, I shouldn't wonder. Don't you see how he handles his club, and knits his brows, and looks threatening and angry?

Merc. Oh, there's no fear—he's quite tame.

Cust. (approaching Diogenes cautiously). First, my good fellow, of what country are you?

Diogenes (surlily). All countries.

Cust. How can that be?

Diog. I'm a citizen of the world.

Cust. What master do you profess to follow?

Diog. Hercules.

Cust. Why don't you adopt the lion's hide, then? I see you have the club.

Diog. Here's my lion's hide,—this old cloak. Like Hercules, I wage war against pleasure; but not under orders, as he did, but of my own free will. My choice is to cleanse human life.

Cust. A very good choice too. But what do you profess to know best? or of what art are you master?

Diog. I am the liberator of mankind, the physician


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98 of the passions; in short, I claim to be the prophet of truth and liberty.

Cust. Come now, Sir Prophet, suppose I buy you, after what fashion will you instruct me?

Diog. I shall first take and strip you of all your luxury, confine you to poverty, and put an old garment on you: then I shall make you work hard, and lie on the ground, and drink water only, and fill your belly with whatever comes first; your money, if you have any, at my bidding you must take and throw into the sea; and you must care for neither wife nor children, nor country; and hold all things vanity; and leave your father's house and sleep in an empty tomb, or a ruined tower,—ay, or in a tub: and have your wallet filled with lentils, and parchments close-written on both sides. And in this state you shall profess yourself happier than the King of the East. And if any man beats you, or tortures you, this you shall hold to be not painful at all.

Cust. How! do you mean to say I shall not feel pain when I'm beaten? Do you think I've the shell of a crab or a tortoise, man?

Diog. You can quote that line of Euripides, you know,—slightly altered.

Cust. And what's that, pray?

Diog.

But the qualifications you will most require are these: you must be unscrupulous, and brazen-faced, and ready


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Rh to revile prince and peasant alike; so shall men take notice of you, and hold you for a brave man. Moreover, let your speech be rough, and your voice harsh, and in fact like a dog's growl; and your countenance rigid, and your gait corresponding to it, and your manner generally brute-like and savage. All modesty and gentleness and moderation put far from you; the faculty of blushing you must eradicate utterly. Seek the most crowded haunts of men; but when there, keep solitary, and hold converse with none; address neither friend nor stranger, for that would be the ruin of your empire. Do in sight of all what others are almost ashamed to do alone. At the last, if you choose, choke yourself with a raw polypus, or an onion. And this happy consummation I devoutly wish you.

Cust. (recovering from some astonishment). Get out with you! what abominable and unnatural principles!

Diog. But very easy to carry out, mind you, and not at all difficult to learn. One needs no education, or reading, or such nonsense, for this system; it's the real short cut to reputation. Be you the most ordinary person,—cobbler, sausagemonger, carpenter, pawn-


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100 broker,—nothing hinders your being the object of popular admiration, provided only that you've impudence enough, and brass enough, and a happy talent for bad language.

Cust. Well, I don't require your instructions in that line. Possibly, however, you might do for a bargeman or a gardener, at a pinch, if this party has a mind to sell you for a couple of oboli,—I couldn't give more.

Merc. (eagerly). Take him at your own bidding; we're glad to get rid of him, he is so troublesome,—bawls so, and insults everybody up and down, and uses such very bad language.

Jup. Call out the next—the Cyrenaic there, in purple, with the garland on.

Merc. Now, gentlemen, let me beg your best attention. This next lot is a very valuable one—quite suited to parties in a good position. Here's Pleasure and Perfect Happiness, all for sale! Who'll give me a bidding now, for perpetual luxury and enjoyment? [A Cyrenaic, bearing traces of recent debauch, staggers into the ring.]

Cust. Come forward here, and tell us what you know: I shouldn't mind buying you, if you've any useful qualities.

Merc. Don't disturb him, sir, if you please, just now—don't ask him any questions. The truth is, he


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274 arms marching against the graceless Syrians, they would not hesitate again to join his standard. So ʿAlī mounted the pulpit and harangued the men of Al-Kūfa. He denounced the umpires as having cast the Book of the Lord, equally with the Prophet's precedent, behind their backs. Both were apostates, rejected of the Lord, of the Prophet also, and of all good men;—"Wherefore," said he, "we must fight our battle over again at the point where, on the eve of victory, we were forced to leave it off. Prepare to march for Syria, and be ready in your camp without the city by the second day of the coming week." Then he indited a despatch to the fanatics at Nahrawān. It was couched in similar terms, and ended thus: "Now, therefore, return forthwith and join the army. I am marching against the common enemy, yours and ours. We have come back to the time when at Ṣiffīn ye fought by my side; now follow me again." In reply they sent an insulting message:—"If ʿAlī would acknowledge his apostasy and repent of it, then they would see whether anything could be arranged between them; otherwise they cast him off as an ungodly heretic." The stiff-necked Theocrats were thereupon, for the present, left to their own devices, and the business of raising levies for Syria proceeded with. But little enthusiasm was anywhere displayed. Of 60,000 fighting men on the stipendiary roll at Al-Basra, 3000 were with difficulty got together. At Al-Kūfa, after vain appeal, a conscription was ordered through the heads of clans; and thus at length an army of 65,000 was brought into the field.

With this imposing force, ʿAlī had already commenced his march on Syria, when tidings reached him that the fanatic host was committing outrage throughout the country in the very outskirts of the camp. A messenger sent to make inquiry met the common fate. Tidings becoming more and more alarming, the army demanded to be led against them; "for how," said they, "can we leave such outlaws at large behind us, with homes exposed to their unlicensed cruelty?" ʿAlī, himself convinced of this,


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 Lee Clayton and I left the hotel at sundown and wandered on the Roman Campagna amid the venerable quietude of its ilex and cypress trees. The beauty and serenity of the scene were not likely to be soon forgotten. When the moon hung low we returned to the city seeking that part which is rich in historic associations. We saw plashing fountains, old altars, partly demolished statues of ancient origin, picturesque arches and shattered pillars, their outlines softened and half concealed by flowers and vines.

After the moon had disappeared we retraced our steps to the hotel. I had just locked my door preparatory to retiring for the night when I was forcibly impressed with a possible solution to the enigma of the Roman soldier who was a Jew! I unlocked my door, locking it again behind me, and stepped into the hall. There was light in Lee’s room and the door was slightly ajar. I rapped lightly but received no response. Upon the center table stood the small replica of the famous arch, and it seemed to me as I gazed ruefully at it that the handsome features of the mysterious Roman Jew regarded me with amusement not untouched with contempt.

I left the room and descended to the first floor.

"Did Mr. Clayton leave the hotel?" I inquired of the desk-clerk.

"He passed this way just a moment ago," the man replied.

My mind was made up. Without a moment's hesitation I left the hotel and stepped into the quiet of a semi-tropic night. For an instant my eyes, unaccustomed to the darkness, saw nothing, but gradually, as objects became faintly visible, I discerned the figure of my friend as I had seen him upon the previous night, striding rapidly toward the site of the Forum of ancient Rome.

But his pace was too rapid for me, and I knew that unless I dashed madly after him, running the risk of arousing suspicion, I could not hope to catch up with him. Instinctively I retraced the route of the night before. In a breathless condition I espied the familiar ruins of the great Colosseum and the arch of the first Christian emperor, Constantine, flanking the mammoth pit of the ancient Forum wherein clustered pillars, like tombstones of a bygone age, gleamed palely.

Fatigued to the point of exhaustion I seated myself on a boulder and mopped my perspiring brow. The night seemed to be growing warmer—and a faint glow of suffused light pervaded the landscape.

"But the moon set an hour ago," I murmured in bewilderment.

Then I stared with gaping mouth and bulging eyes. The Arch of Constantine was growing hazy and transparent while I gazed. I turned to the Colosseum and saw that the familiar sloping sides where Time had put its stamp of demolition were fast fading away and in their stead the outline of the vast arena became more distinct in its pristine splendor.

"Merciful heaven—am I going mad?" I exclaimed, passing a hand across my eyes in perplexity.

When I looked again for the Arch of Constantine, it was gone! Something seemed to snap in my brain, and then

Gods, Pliny, you are missing the fun. Our new emperor, Titus, is marching with the legions through the triumphal arch which is just completed. His route is through the Forum, as it was nine years ago upon his return from Jerusalem while his father, Vespasian, yet wore the purple."


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 658] changed his course, crossed the Tigris, and marched against the fanatics. When now near Nahrawān, he sent a messenger to demand surrender of all such as had been guilty of outrage and murder. "Give up these to justice," he said, "and ye shall be left alone until the Lord grant us victory in Syria, and then haply He shall have turned your hearts again toward us." They replied that "they were all equally responsible for what had passed, and that the blood of the ungodly heretics they had slain was shed lawfully." A parley ensued, in which the Caliph expostulated with the misguided fanatics, and offered quarter to all who should come over to his army, or retire peaceably to their homes. Some obeyed the call and came over; 500 went off to a neighbouring Persian town, and many more dispersed to their homes; but 1800 remained upon the field, martyrs to the theocratic creed. With the wild battle-cry, To Paradise! they rushed upon the lances of the Caliph's force, and to a man were slain. ʿAlī's loss was trifling. The date of the battle is 9, ii. 38, July 17, 658

It had been better for the peace of Islām if not one of the 4000 had escaped. The snake was scotched, not killed. The fanatic spirit was strangely catching; and the theocratic cause continued to be canvassed vigorously and unceasingly, though in secret, both at Al-Baṣra and Al-Kūfa. However hopeless their object, the fanatics were nerved, if not by expectation of divine aid, at the least by sure hope of the martyr's crown. In the following year, bands of insurgent fanatics once and again appeared unexpectedly in the field, denouncing ʿAlī, and proclaiming that the kingdom of the Lord was at hand. One after another they were cut to pieces, or put to flight with ease. Still such continual risings could not but endamage the name and power of ʿAlī, who now reaped the fruit of his weak compromise with the enemies of ʿOthmān, and neglect to bring them to justice. Fanatics in their extravagant doctrine, these men were too sincere to combine with any purely political sect, and hence they seldom came near to leaving any permanent mark of their creed behind them. But both in the present and in succeeding reigns, we find them every now and then gathering up their strength


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 276 dangerously to assail the Empire, and as often beaten back. Ever and anon, for ages, these Khawārij "went forth" (as the name implies) on their desperate errand, a thorn in the side of the Caliphate, and a terror to the well-disposed.


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dispersed the fanatics at Nahrawān and recrossed the Tigris, ʿAlī turned his face again towards Syria. But the troops urged that, before so long a campaign, their armour needed refitting. "Let us return for a little to our homes," they said, "to furbish up our swords and lances, and replenish our empty quivers." ʿAlī consenting, they marched back and encamped in the vicinity of Al-Kūfa. The soldiers dropped off in small parties thither; and in a short time the camp was left almost empty. ʿAlī, finding that none returned, became impatient, and himself entering Al-Kūfa, again harangued the people on the obligation to go forth with him and make war on Syria. But exhortation and reproach fell equally on listless ears. There was no response. ʿAlī lost heart. The Syrian expedition fell through, and the opportunity passed.

Thus closed the 37th year of the Hijra. The situation was unchanged. Muʿāwiya, with now a colourable title to the Caliphate, remained in undisturbed possession of Syria, strong in the loyalty and affections of his subjects; while ʿAlī, mortified by an indifferent and alienated people, was now to experience a severer trial in the loss of Egypt.

We have seen that a powerful faction in that dependency sided with those demanding satisfaction for the blood of ʿOthmān; and that Ḳeis having been recalled for not suppressing the dissentients, Moḥammad son of Abu Bekr had been appointed in his room. Casting aside the wise policy of his predecessor, Moḥammad demanded of the recusants at once to: submit, or to be gone from Egypt. 277


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 278 They refused, but, masking their hostile designs, watched the issue of the struggle at Ṣiffīn. When on its conclusion Muʿāwiya was still left master of Syria, they gained heart and began to assume the offensive. Though repeatedly defeated, the slumbering elements of revolt were everywhere aroused, and Muʿāwiya, seeing his opportunity, commissioned ʿAmr to regain the province of which he had been first conqueror.

ʿAlī saw, now all too late, the mistake which he had made. He would have reappointed Ḳeis; but Ḳeis declined again to take the post. The only other fitted for the emergency was Al-Ashtar, the regicide, who was sent off in haste to Egypt. But on the way he met with an untimely death, having being poisoned (at the instigation, it is said, of Muʿāwiya) by a chief on the Egyptian border with whom he rested. There was joy at the death of the arch-regicide throughout Syria, where he was greatly feared. ʿAlī was equally cast down by the untoward event. His only resource was now to bid Moḥammad hold on and do what he could to retrieve his position. But the faction which favoured Muʿāwiya gained ground daily; and when ʿAmr, taking advantage of the defection of ʿAlī's troops, at the head of a few thousand men crossed the border, he was joined by an overwhelming body of insurgents. Moḥammad, after a vain attempt to fight, was slain, and his body ignominiously burned in an ass’s skin. Thus Egypt was lost to ʿAlī; and ʿAmr, as lieutenant of the rival Caliph, again became its governor.

The loss of Egypt was the harder for ʿAlī to bear, as immediately due to his own mistake in removing Ḳeis; and even now it might have been retrieved if the men of Al-Kūfa had not been heartless in his cause. Over and again he implored them to hasten to the defence of Moḥammad,


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658] With difficulty two thousand men were got together, but after so long delay that they had hardly marched before news of the defeat made it necessary to return. ʿAlī thereupon ascended the pulpit, and upbraided the people for their spiritless and disloyal attitude. For fifty days he had been urging them to go forth, to avenge their fallen brethren, and help those still struggling in the field. Like a restive, wayward camel, casting its burden, they had held back. "And now," he said, in grief and bitterness of spirit, "the son of Abu Bekr is fallen a martyr, and Egypt hath departed from us."


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gleam of fortune lighted up the remaining days of ʿAlī's reign. What with fanatics at home, and the rival Caliphate abroad, his life was one continual struggle. And, moreover, the daily exhibition of indifference and disloyalty in Al-Kūfa, the city of his choice, was a mortification hard to bear.

The loss of Egypt and cruel death of Moḥammad preyed upon his mind. He withdrew into strictest privacy. His cousin, Ibn al-ʿAbbās, governor of Al-Baṣra, fearful lest he should resign, or do something rash and unadvised, set out to visit and comfort him. Muʿāwiya seized the opportunity to stir up in his absence the disaffected elements at Al-Baṣra. Among the various clans, he was sure of finding many there who, equally with himself, sought to avenge the blood of ʿOthmān; few were zealously attached to the cause of ʿAlī; the remainder were mostly of the theocratic faction, now quite as hostile to ʿAlī as to Muʿāwiya. The Syrian emissary, carrying for this end a letter to the citizens of Al-Baṣra, was so well received that Ziyād, who held the city's temporary charge, was forced to retire with the treasure and pulpit of State into the stronghold of a loyal clan, from whence he wrote for help to Al-Kūfa. ʿAlī at once despatched a chief having influence with the local tribes, who were by his persuasion induced to rally round Ziyād. After severe fighting in the city, the rebels were at last defeated and driven for refuge to a neighbouring castle. There surrounded, the castle was set on fire, and the Syrian envoy, with seventy followers, perished in the flames. The victory was decisive for the time; but the insurrection had 280


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when Pooh Bear had nothing else to do, he thought he would do something, so he went round to Piglet’s house to see what Piglet was doing. It was still snowing as he stumped over the white forest track, and he expected to find Piglet warming his toes in front of his fire, but to his surprise he saw that the door was open, and the more he looked inside the more Piglet wasn’t there.

“He’s out,” said Pooh sadly. “That’s what it is. He’s not in. I shall have to go a fast Thinking Walk by myself. Bother!”

But first he thought that he would knock very loudly just to make quite sure and while he waited for Piglet not to answer, he jumped up and down to keep warm, and a hum came suddenly into his head, which seemed to him a Good Hum, such as is Hummed Hopefully to Others.


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 scheme of vision. These present hours disconcerted him therefore the more that they poured again the elements into the crucible. The violet fumes went up afresh, but were thick and confounding. It was not that he didn't, the figure in the frame, remain extraordinarily persuasive, but that he on the contrary quite harassed credulity. It was not that there was less of him than one wanted, but rather that there was too inordinately much and that there would be more and more of the measure to come. Ralph repeatedly felt, as he let himself go, that it would come in force. He was like the worshipper in a Spanish church who watches for the tear on the cheek or the blood-drop from the wound of some wonder-working effigy of Mother or of Son. When he moved away a little it was to let these things start at their ease, and when he next turned upon them it was to assist at the prodigy before it should stop.

It must at the same time be mentioned that he knew at moments the chill of intermissions, that he had more than once to shake himself in the lapse of faith. He saw during these revulsions but what he had seen before, the sharpest mere suggestion, no doubt, in the whole range of the effective art of suggestion. The young man looked away, but not from any embarrassment that he could produce. It wasn't what he hid that he thought of, but what he saw for 77


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 totus in eo eram ut aliquid certi reperirem. , de Methodo. Nor is it less distinct in its motives and final aim, than in its proper objects, which are not as in ordinary scepticism the prejudices of education and circumstance, but those original and innate prejudices which nature herself has planted in all men, and which to all but the philosopher are the first principles of knowledge, and the final test of truth.

Now these essential prejudices are all reducible to the one fundamental presumption,. As this on the one hand originates, neither in grounds or arguments, and yet on the other hand remains proof against all attempts to remove it by grounds or arguments (naturam furca expellas tamen usque redibit;) on the one hand lays claim to certainty as a position at once indemonstrable and irresistible, and yet on the other hand, inasmuch as it refers to something essentially different from ourselves, nay even in opposition to ourselves, leaves it inconceivable how it could possibly become a part of our immediate consciousness; (in other words how that, which ex hypothesi is and continues to be extrinsic and alien to our being, should become a modification of our being) the philosopher therefore compels himself to treat this faith as nothing more than a prejudice, innate indeed and connatural, but still a prejudice.


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  46 Salome. Oscar Wilde.  80 Pillars of Society. Ibsen.  131 Redemption. Tolstoi.  99 Tartuffe. Moliere.  54 Importance of Being Earnest. Oscar Wilde.  31 Pelleas and Melisande. Maeterlinck.   8 Lady Windermere's Fan. Oscar Wilde.
 226 Prof. Bernhardi. Schnitzler.

 243 Shakespeare's Twelfth Night.

 244 Shakespeare's Much Ado About Nothing.

 251 Shakespeare's Midsummer Night's Dream.

 246 Shakespeare's Hamlet.

 252 Shakespeare's Othello.

 256 Shakespeare's Venus and Adonis.

 242 Shakespeare's As You Like It.

 247 Shakespeare's Macbeth.

 240 Shakespeare's Tempest.

 249 Shakespeare's Julius Caesar.

 16 Ghosts. Henrik Ibsen.

  6 De Maupassant's Stories.

 15 Balzac's Stories.

 178 One of Cleopatra's Nights. Gautier.

 58 Boccaccio's Stories.

 45 Tolstoi's Stories.

 12 Poe's Tales.

 145 Great Ghost Stories.

 21 Carmen. Merimee.

 38 Dr. Jekyll and Mr. Hyde.

 27 Last Days of a Condemned Man. Hugo.

 151 Man Who Would Be King. Kipling.

 47 He Renounced the Faith. Jack London.

 41 Christmas Carol.

 57 Rip Van Winkle.

 100 Red Laugh. Andreyev.

 148 Strength of the Strong. London.

 105 Seven That Were Hanged. Andreyev.

 102 Sherlock Holmes Tales.

 161 Country of the Blind. H. G. Wells.

 85 Attack on the Mill. Zela.

 156 Andersen's Fairy Tales.

 158 Alice in Wonderland.

 37 Dream of John Bull.

 40 House and the Brain.

 12 Color of Life. E. Haldeman-Julius.

 198 Majesty of Justice. Anatole France.


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 with all those charms which his heated imagination could supply. Every beauty which he had seen appeared embellished; and those still concealed fancy represented to him in glowing colours. Still, however, his vows, and the necessity of keeping to them, were present to his memory. He struggled with desire, and shuddered when he beheld how deep was the precipice before him.

Matilda ceased to sing. Dreading the influence of her charms, Ambrosio remained with his eyes closed, and offered up his prayers to St. Francis to assist him in this dangerous trial! Matilda believed that he was sleeping: she rose from her seat, approached the bed softly, and for some minutes gazed upon him attentively.

"He sleeps!" said she at length in a low voice, but whose accents the abbot distinguished perfectly: "now then I may gaze upon him without offence; I may mix my breath with his; I may doat upon his features, and he cannot suspect me of impurity and deceit. He fears my seducing him to


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User talk:ZeaForUs

archives?
Hi partner,

 * Where (if any) can we find one or more logs of our action(s) ?

Klaas van Buiten (talk) 05:15, 7 January 2024 (UTC)

title: User talk:ZeaForUs


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 the violation of his vows. Oh! the unjust! Were it my wish to excite desire, should I conceal my features from him so carefully? —those features, of which I daily hear him—"

She stopped, and was lost in her reflections.

"It was but yesterday," she continued; "but a few short hours have passed since I was dear to him; he esteemed me, and my heart was satisfied: now, oh! now, how cruelly is my situation changed! He looks on me with suspicion; he bids me leave him, leave him for ever. Oh! you, my saint, my idol! You! holding the next place to God in my breast, yet two days, and my heart will be unveiled to you. Could you know my feelings, when I beheld your agony! Could you know how much your sufferings have endeared you to me! But the time will come, when you will be convinced that my passion is pure and disinterested. Then you will pity me, and feel the whole weight of these sorrows."

As she said this, her voice was choaked by


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 58   215 The Miraculous Revenge. Bernard Shaw.  24 The Kiss and Other Stories. Chekhov.  219 The Human Tragedy. Anatole France.  196 The Marquise. Sand.  230 The Fleece of Gold. Theophile Gautier.  232 Three Strangers. Hardy.  239 Twenty-Six Men and a Girl. Maxium Gorki.
 29 Dreams. Schreiner.

 199 The Tallow Ball. De Maupassant.

 292 Mademoisellle Fifi. De Maupassant.

 314 Short Stories. Daudet.

 311 A Lodging for the Night. Stevenson.

 285 Euphorian in Texas. George Moore

 126 History of Rome.

 128 Caesar: Who He Was.

 185 History of Printing.

 175 Science of History. Froude.

 52 Voltaire. Victor Hugo.

 125 War Speeches of Woodrow Wilson.

 142 Bismarck and the German Empire.

 51 Bruno: His Life and Martyrdom.

 147 Cromwell and His Day.

 236 State and Heart Affairs of Henry VIII.

 50 Paine's Common Sense.

 88 Vindication of Paine. Ingersoll.

 33 Smasher of Shams.

 163 Sex Life in Greece and Rome.

 214 Speeches of Lincoln.

 144 Was Poe Immoral? Whitman.

 104 Battle of Waterloo. Victor Hugo.

 159 Lincoln and the Working Class.

 223 Essay on Swinburne. Quiller-Couch.

 229 Diderot. Ellis.

 227 Keats. The Man. His Work and His Friends.

 201 Satan and the Saints. H. M. Tichenor.

 67 Church History. Tichenor.

 169 Voices from the Past. Tichenor.

 139 Life of Dante.

 286 When the Puritans Were in Power.

 287 Whistler: The Man and His Work.

 150 Lost Civilizations. Finger.

 170 Constantine and the Beginnings of Christianity.

 266 Life of Shakespeare and Analysis of His Plays.

 69 Life of Mary, Queen of Scots. Dumas.

 5 Life of Samuel Johnson. Macaulay


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 weeping. While she bent over Ambrosio, a tear fell upon his cheek.

"Ah! I have disturbed him," cried Matilda, and retreated hastily.

Her alarm was ungrounded. None sleep so profoundly as those who are determined not to wake. The friar was in this predicament: he still seemed buried in a repose, which every succeeding minute rendered him less capable of enjoying. The burning tear had communicated its warmth to his heart.

"What affection! what purity!" said he internally. "Ah! since my bosom is thus sensible of pity, what would it be if agitated by love?"

Matilda again quitted her seat, and retired to some distance from the bed. Ambrosio ventured to open his eyes, and to cast them upon her fearfully. Her face was turned from him. She rested her head in a melancholy posture upon her harp, and gazed on the picture which hung opposite to the bed.


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In my first chapter I set out certain conclusions. In succeeding chapters I have given the facts on which my conclusions were based. I now assert that the evidence for those facts, be it good or bad, is that of the Theosophical leaders themselves, written and signed as the case against the Vice-President, and adopted by Mrs. Besant as true. If it be not true, then Colonel Olcott, Mr. B. Keightley, Mr. W. R. Old, and the other official witnesses must be guilty of a conspiracy, as I said at the outset, “even more discreditable to the personnel of the society.” It is not I who accuse Mr. Judge. It is Mr. Judge and his colleagues who accuse each other. The rank-and-file of the Theosophists have paid their money; they may now take their choice.

The fact is, before Mrs. Besant got hold of the evidence, at least one set of complete and duly witnessed copies had been made, together with facsimiles of the documents. It is these which lately fell into my hands, under circumstances which left me free to take, as I do take, the moral and legal responsibility of that publication which the president first promised and afterwards shirked.

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 "Happy, happy image!" Thus did she address the beautiful Madona; tis to you that he offers his prayers; 'tis on you that he gazes with admiration. I thought you would have lightened my sorrows; you have only served to increase their weight; you have made me feel, that, had I known him ere his vows were pronounced, Ambrosio and happiness might have been mine. With what pleasure he views this picture! With what fervour he addresses his prayers to the insensible image! Ah! may not his sentiments be inspired by some kind and secret genius, friend to my affection? May it not be man's natural instinct which, informs him? Be silent! idle hopes! let me not encourage an idea, which takes from the brilliance of Ambrosio's virtue. 'Tis religion, not beauty, which attracts his admiration; 'tis not to the woman, but the divinity that he kneels. Would he but address to me the least tender expression which he pours forth to this Madona! Would he but say, that were he not already


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  18 Idle Thoughts of an Idle Fellow. Jerome.  20 Let's Laugh. Nasby.  166 English as She Is Spoke. Mark Twain.  205 Artemus Ward. His Book.  187 Whistler's Humor.  216 Wit of Heinrich Heine. Geo. Eliot.  231 8 Humorous Sketches. Mark Twain.

 97 Love Letters of King Henry VIII.

 36 Soul of Man Under Socialism. O. Wilde.

 28 Toleration. Voltaire.

 89 Love Letters of Men and Women of Genius.

 87 Love. Montaigne.

 48 Bacon's Essays.

 60 Emerson's Essays.

 84 Love Letters of a Nun.

 26 On Going to Church. Shaw.

 61 Tolstoi's Essays.

 176 Four Essays. Ellis.

 160 Shakespeare. Ingersoll.

 186 How I Write "The Raven." Poe.

 75 Choice of Books. Carlyle.

 76 Prince of Peace. Bryan.

 86 On Reading. Brandes.

 95 Confessions of An Opium Eater.

 188 How Voltaire Fooled Priest and King.

  3 Eighteen Essays. Voltaire.

 213 Lincoln. Ingersoll.

 183 Realism in Art and Literature. Darrow.

 177 Subjection of Women. John Stuart Mill.

 17 On Walking. Thoreau.

 70 Lamb's Essays.

 135 Socialism for Millionaires. G. B. Shaw.

 235 Essays. G. K. Chesterton.

  7 A Liberal Education. Thomas Huxley.

 233 Thoughts on Literature and Art. Goethe.

 225 Condescension in Foreigners. J. R. Lowell.

 221 Women, and Other Essays. Maeterlinck.

 218 Essays. Jean Jaures.

 10 Shelley. F. Thompson.

 288 Essays on Chesterfield and Rabelais. Sainte-Beuve

 313 The Decay of Lying. Oscar Wilde

 56 Wisdom of Ingersoll.

 106 Aphorisms. Geo. Sand.

 168 Epigrams. O. Wilde.

 59 Epigrams of Wit.

 35 Maxims. Rochefoucauld.

 154 Epigrams of Ibsen.

 197 Witticisms. De Sevigne.

 180 Epigrams. G. B. Shaw.

 155 Maxims. Napoleon.

 113 Proverbs of England.

 114 Proverbs of France.

 115 Proverbs of Japan.


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 affianced to the church, he would not have despised Matilda! Oh! let me nourish that fond idea. Perhaps he may yet acknowledge that he feels for me more than pity, and that affection like mine might well have deserved a return. Perhaps he may own thus much when I lie on my death-bed. He then need not fear to infringe his vows, and the confession of his regard will soften the pangs of dying. Would I were sure of this! Oh! how earnestly should I sigh for the moment of dissolution!"

Of this discourse the abbot lost not a syllable; and the tone in which she pronounced these last words pierced to his heart. Involuntarily he raised himself from his pillow.

"Matilda!" he said in a troubled voice; "Oh! my Matilda!"

She started at the sound, and turned towards him hastily. The suddenness of her movement made her cowl fall back from her head; her features became visible to the monk's enquiring eye. What was his


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 amazement at beholding the exact resemblance of his admired Madona! The same exquisite proportion of features, the same profusion of golden hair, the same rosy lips, heavenly eyes, and majesty of countenance adorned Matilda! Uttering an exclamation of surprise, Ambrosio sunk back upon his pillow, and doubted whether the object before him was mortal or divine.

Matilda seemed penetrated with confusion. She remained motionless in her place, and supported herself upon her instrument. Her eyes were bent upon the earth, and her fair cheeks overspread with blushes. On recovering herself, her first action was to conceal her features. She then, in an unsteady and troubled voice, ventured to address these words to the friar:

"Accident has made you master of a secret, which I never would have revealed but on the bed of death: yes, Ambrosio, in Matilda de Villanegas you see the original of your beloved Madona. Soon after I conceived my unfortunate passion, I formed


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68 that gentleman’s character and conduct. As the Society for Psychical Research long ago remarked, the precise line between rogue and dupe in the Theosophical Society has never been easy to draw. On any view of Mr. Judge I have at least as much respect for him as for his virtuously vacillating superior, whose mind seems to have been made up for him from one stage to another by whatever party happened to be at the moment nearest and most peremptory. With the facts of the preceding narrative before him, the reader can form his own opinion about both officials.

Equally unable am I to state what Mr. Judge’s own version of Mr. Judge’s acts may be. I have read and re-read his “statement” at the “Enquiry,” and his circular issued just previously. In these I have groped—faint, yet pursuing—among the mazes of that Theosophical verbiage which always seems to be coming to the point; but for me at least it has never quite got there. Where the denials are most explicit, the thing denied is vaguest; where admission is most candid, the thing admitted is least relevant to the issue. Mr. Judge admits, for instance, that he is a “fallible human being”; he denies that he has “forged.” I, for one, should never dream of disputing either position. The verb, to forge, definitely connotes in English the imitation of the signature of a person who really exists, and who has also an existent banking account. The worst I should dream of imputing to Mr. Judge in this connexion is the imitation of someone else’s imitation of the feigned signature of somebody who never existed.

Mr. Judge must see that between the mere human fallibility to which he confesses, and the felony of which no one has accused him, it does not need a sensitive ear to distinguish whole octaves of intervening notes. Thanks to Mrs. Besant, he has not yet been obliged to locate himself at any one point of the gamut. But, for all I know, he may now come forward and twit his associates with deficient humour for not seeing that the whole thing was just a rollicking hoax. Throwing off the rôle of an interpreter of Tibet, he may appear as William Q. Judge, the American Humorist. He might fairly claim that many have performed under a like title much less divertingly. He


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 the project of conveying to you my picture. Crowds of admirers had persuaded me that I possessed some beauty, and I was anxious to know what effect it would produce upon you. I caused my portrait to be drawn by Martin Galuppi, a celebrated Venetian at that time resident in Madrid. The resemblance was striking: I sent it to the Capuchin-abbey as if for sale; and the Jew from whom you bought it was one of my emissaries. You purchased it. Judge of my rapture, when informed that you had gazed upon it with delight, or rather with adoration; that you had suspended it in your cell, and that you addressed your supplications to no other saint! Will this discovery make me still more regarded as an object of suspicion? Rather should it convince you how pure is my affection, and engage you to suffer me in your society and esteem. I heard you daily extol the praises of my portrait. I was an eye witness of the transports which its beauty excited in you: yet I forbore to use against your virtue those


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Rh might say that the joke was so obvious that it never struck him his colleagues would take it seriously; that their evident determination not to spoil sport was an invitation no joker could have resisted; and that he only kept it up so long for the fun of seeing, through a graduated scale of absurdity, how much they really would stand. Of course, to carry through a big practical joke one may be excused a few taradiddles, to which the moralist might apply a harsher name. No doubt some might question the taste of making a friend’s funeral the starting-point of even the most innocent mauvaise plaisanterie. But American humour has never spared the cemetery.

From my own position, then, and Mr. Judge’s position, I now pass to Mrs. Besant’s. This is interesting from its bearing on the curious psychological puzzle offered by Mrs. Besant’s own mind, to the study of which she herself continually invites the public. Let us accept the invitation for a moment.

I take Mrs. Besant’s statement at the so-called “Enquiry,” that she believed now that Judge wrote with his own hand the missives which he had induced her, and she had induced the public, to regard as precipitations from Tibet of the kind which “some people would call miraculous.”

Apparently Mrs. Besant considers that this avowal sufficed to clear her honour towards her colleagues and the public whom she had “misled.” To me it appears admirably calculated to mislead them again. Remember, even those whom Mrs. Besant was addressing—much more the outside public—were ignorant of the facts. Mrs. Besant had taken good care of that.

They did not know, as the reader does, the circumstances which surrounded these various missives: The “Master Agrees” missive, the Telegram missive, the Cabinet missive, the “Note the Seal,” the “Judge’s Plan is Right,” the “Judge is the Friend,” the Envelope Trick, the “Withold,” the “Master will Provide,” the Bank-note, the Inner Group, the “Grave Danger Olcott,” the “Judge is not the Forger,” the “Follow Judge and Stick,” and the Poison Threat


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 arms with which yourself had furnished me I concealed those features from your sight which you loved unconsciously. I strove not to excite desire by displaying my charms, or to make myself mistress of your heart through the medium of your senses. To attract your notice by studiously attending to religious duties, to endear myself to you by convincing you that my mind was virtuous and my attachment sincere, such was my only aim. I succeeded; I became your companion and your friend. I concealed my sex from your knowledge; and had you not pressed me to reveal my secret, had I not been tormented by the fear of a discovery, never had you known me for any other than Rosario. And still are you resolved to drive me from you? The few hours of life which yet remain for me, may I not pass them in your presence? Oh! speak, Ambrosio, and tell me that I may stay."

This speech gave the abbot an opportunity of recollecting himself. He was


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 60   116 Proverbs of China.  117 Proverbs of Italy.  118 Proverbs of Russia.  119 Proverbs of Ireland.  120 Proverbs of Spain.  121 Proverbs of Arabia.  181 Epigrams. Thoreau.
 228 Aphorisms. Huxley.

 62 Schopenhauer's Essays.

 94 Trial and Death of Socrates.

 65 Meditations of Marcus Aurelius.

 44 Aesop's Fables.

 165 Discovery of the Future. H. G. Wells.

 96 Dialogues of Plato.

 103 Pocket Theology. Voltaire.

 132 Foundations of Religion.

 138 Studies in Pessimism. Schopenhauer.

 211 Idea of God in Nature. John Stuart Mill.

 212 Life and Character. Goethe.

 200 Ignorant Philosopher. Voltaire.

 101 Thoughts of Pascal.

 207 Olympian Gods. H. M. Tichenor.

 210 The Stoic Philosophy. Prof. Gilbert Murray.

 220 Essays on New Testament. Blatchford.

 224 God: Known and Unknown. Butler.

 19 Nietzsche. Who He Was and What He Stood For.

 204 Sun Worship and Later Beliefs. Tichenor.

 184 Primitive Beliefs. H. M. Tichenor.

 153 Chinese Philosophy of Life. H. M. Tichenor.

  1 Rubaiyat of Omar Khayyam.

 73 Whitman's Poems.

  2 Wilde's Reading Jail.

 32 Poe's Poems.

 164 Michael Angelo's Sonnets

 71 Poems of Evolution.

 140 Snow-Bound, Pied Piper.

  1 Great English Poems.

 79 Enoch Arden. Tennyson.

 68 Shakespeare's Sonnets.

 173 Vision of Sir Launfal.

 222 The Vampire and Other Poems. Kipling.

 237 Prose Poems.

 190 Psycho-Analysis—The Key to Human Behavior. Fielding.

 49 Three Lectures on Evolution. Haeckel.

 238 Reflections on Modern Science. Huxley.

 202 Survival of the Fittest. H. M. Tichenor.

 191 Evolution vs. Religion. Balmforth.

 133 Electricity Explained.

 92 Hypnotism Made Plain.

 53 Insects and Men: Instinct and Reason. Darrow.


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 conscious that, in the present disposition of his mind, avoiding her society was his only refuge from the power of this enchanting woman.

"Your declaration has so much astonished me," said he, "that I am at present incapable of answering you. Do not insist upon a reply, Matilda; leave me to myself, I have need to be alone."

"I obey you; but, before I go, promise not to Insist upon my quitting the abbey immediately."

"Matilda, reflect upon your situation: reflect upon the consequences of your stay: our separation is indispensable, and we must part."

"But not to day, father! Oh! in pity, not to-day!"

"You press me too hard; but I cannot resist that tone of supplication. Since you insist upon it, I yield to your prayer; I consent to your remaining here a sufficient time to prepare, in some measure, the brethren for your departure: stay yet two days;


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70 missive—as I have severally named them.

Referring to those circumstances, as the reader now knows them, I ask of what did and does Mrs. Besant mean to convict Mr. Judge?

If Judge “wrote with his own hand” the answers got from the cabinet oracle (May 23, 1891), did he also use sleight-of-hand or some similar artifice to make her accept the answers as precipitated in a sealed envelope in a closed drawer?

If Judge “wrote,” &c., the slip “Judge’s plan is right,” the sudden appearance of which among Mrs. Besant’s papers made her and him joint officials on May 27, 1891—did he also place it among those papers on purpose to be so discovered?

If Judge “wrote” &c., Mrs. Besant’s message of July 12, 1891, which was across the inside flaps of a closed envelope—did he also insert the writing by the trick described in the chapter which I entitled “Every Man his Own Mahatma”?

If Judge “wrote,” &c., all the various letters, notes, and endorsements to which the “Mahatma’s” signature and seal were attached, missives backing Judge’s own views, raising Judge’s own Theosophical status, and bluffing other “servants” of that “Master,” to whom he and they cannot allude without capital letters—did he also “with his own hand” take and affix the seal which he has persistently denied having ever set eyes on?

If Mrs. Besant did not mean all this, and much more which hangs by the same logic, then her Statement grossly calumniated Mr. Judge to the few who knew the tenor of the case against him.

If she did mean it, then her Statement completely hoodwinked her audience and the public.

For will anybody assert that this, which has just been outlined, or anything like it, was the picture naturally called up by Mrs. Besant’s carefully worded description of “Mr. Judge’s error” as the negative one of “not mentioning” certain circumstances, her suggestion that personal opinions might reasonably differ on the “legitimacy” of his methods, her laudatory allusions to his general character and Theosophic services, her public sanction of a statement on his part which on this theory


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 but on the third"—(He sighed involuntarily)—"remember, that on the third we must part for ever!"

She caught his hand eagerly, and pressed it to her lips.

"On the third!" she exclaimed with an air of wild solemnity: "You are right, father, you are right! On the third we must part for ever!"

There was a dreadful expression in her eye as she uttered these words, which penetrated the friar's soul with horror. Again she kissed his hand, and then fled with rapidity from the chamber.

Anxious to authorise the presence of his dangerous guest, yet conscious that her stay was infringing the laws of his order, Ambrosio's bosom became the theatre of a thousand contending passions. At length his attachment to the feigned Rosario, aided by the natural warmth of his temperament, seemed-likely to obtain the victory: the success was assured, when that presumption which formed the ground-work of his cha-


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Rh must have been utterly misleading, her eager lead in the attempt to cloak up for ever the Great Mahatma Hoax, and to shield the hoaxer?

But there is another point. Mrs. Besant professes still to cling to the belief that the Mahatmas had something to do with the letters. Mr. Judge wrote them, she says, but what he wrote he had first “received psychically from the Master.”

Nobody can prove that those missives, or, for that matter, these articles, or Shakespeare’s plays, were not due to the Master’s “psychical” authorship. Mr. Judge and Mrs. Besant are both quite free to say so. But again I must point out to Mrs. Besant the logical inferences from her position. In the attempt to hold on to one spar in the general wreck, she just says enough to inculpate the Mahatma, and not enough to exculpate Mr. Judge.

For, to apply theory once more to concrete fact: Does Mrs. Besant attribute to the Mahatma the preposterous insinuations against Colonel Olcott? And does she mean that the Mahatma made these insinuations and various direct false statements in order to co-operate with Mr. Judge in shielding from discovery a prolonged use of a bogus imitation of the Mahatma’s own seal and signature?

In this case, we are entitled to challenge Mrs. Besant to say whether she herself now believes that the insinuations against Colonel Olcott were justified. If yes, then I can only leave her to settle that matter with the Colonel. If no, then what becomes of the supernal wisdom and lofty character of “Those Who to some of us are most sacred”? Must it not be confessed that They have made uncommon fools of Themselves?—not to give a stronger name to the extremely shady methods of which Tibetan diplomacy is thus found guilty.

The public will await satisfactory answers to these questions. It will not, I hope, for a moment suspect Mrs. Besant of conscious fraud, or of sordid motives. I most certainly do not. With some of the lesser fry, who would be bankrupt in every sense if Theosophy failed them, the consideration of pleasant board and


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 racter came to Matilda's assistance. The monk reflected, that to vanquish temptation was an infinitely greater merit than to avoid it; he thought that he ought rather to rejoice in the opportunity given him of proving the firmness of his virtue. St. Anthony had withstood all seductions to lust, then why should not he? Besides, St. Anthony was tempted by the devil, who put every art into practice to excite his passions; whereas Ambrosio's danger proceeded from a mere mortal woman, fearful and modest, whose apprehensions of his yielding were not less violent than his own.

"Yes," said he, "the unfortunate shall stay; I have nothing to fear from her presence: even should my own prove too weak to resist the temptation, I am secured from danger by the innocence of Matilda."

Ambrosio was yet to learn, that to an heart unacquainted with her, vice is ever most dangerous when lurking behind the mask of virtue.

He found himself so perfectly recovered,


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 Rh   42 From Monkey to Man. Baudelaire.  189 Eugenics. Ellis.  107 How to Strengthen Mind and Memory.  108 How to Develop a Healthy Mind.  109 How to Develop a Strong Will.  110 How to Develop a Magnetic Personality.  111 How to Attract Friends.
 112 How to Be a Leader of Others.

 140 Biology and Spiritual Philosophy. Tichenor.

 275 The Building of the Earth

 11 Debate on Religion. John H. Holmes and George Bowne.

 39 Did Jesus Ever Live?

 130 Controversy on Christianity. Ingersoll and Gladstone.

 43 Marriage and Divorce. Horace Greeley and Robert Owen.

 208 Debate on Birth Control. Mrs. Sanger and Winter Russell.

 129 Rome or Reason. Ingersoll and Manning.

 122 Spiritualism. Conan Doyle and McCabe.

 171 Has Life Meaning?

 200 Capitalism vs. Socialism. Seligman and Nearing.

 13 Is Free Will a Fact or a Fallacy?

 234 McNeal-Sinclair Debate on Socialism.

 141 Would Practice of Christ's Teachings Make for Social Progress? Nearing and Ward.

 192 Book of Synonyms.

 25 Rhyming Dictionary.

 78 How to Be an Orator.

 82 Common Faults in Writing English.

 127 What Expectant Mothers Should Know.

 81 Care of the Baby.

 136 Child Training.

 137 Home Nursing.

 14 What Every Girl Should Know. Mrs. Sanger.

 34 Case for Birth Control.

 91 Manhood: Facts of Life Presented to Men.

 83 Marriage Past, Present and Future. Besant.

 74 On Threshold of Sex.

 98 How to Love.

 172 Evolution of Love. Key.

 203 Rights of Women. Ellis.

 209 Aspects of Birth Control. Medical, Moral, Sociological.

 143 Pope Leo on Socialism.

 152 Foundations of Labor Movement. Phillips.

 30 What Life Means to Me. Jack London.

 93 How to Live 100 Years.

 167 Plutarch on Health.


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72 lodging at other people’s expense may be a governing one. With Mrs. Besant, who brings far more to the organisation in the shape of gate-money, no doubt, than she ever condescends to accept from it, the motives are subtler. Had she boldly cut herself free from the rottenness at the core of the Theosophic movement as soon as it was shown to her, she might have saved her reputation for straightforwardness, if not for intelligence. In choosing instead the equivocal policy of hushing up a scandal at all costs, she doubtless convinced herself that she was acting only for the ends of edification and the good of her church. That is the old, old story of priestcraft, and Mrs. Besant has been playing the high priestess now for three years. But were there not also some more personal motives at work? There is one thing which even the most candid hate to confess—and that is, that they have been thoroughly bamboozled. It does not improve matters when they have themselves helped in their own bamboozlement. To confess how recklessly inaccurate were her statements about “the same handwriting,” the “semi-miraculous precipitation,” the absolute assurance of her own senses, and so forth; to let the public see for itself the childish twaddle which she accepted, and helped to force upon others, as profound and oracular: all this would have been a sad come-down from the Delphic tripod. I do not wonder the poor lady shrank from it. I do wonder that Mrs. Besant cared to evade it at the expense of a sort of confidence-trick. To this has come the woman whom we once thought, whatever her other faults, at least fearless and open—the woman whose epitaph, so she tells us, is to be—

Lastly, a few words to the rank-and-file of the Theosophical Society, a large proportion of whom are now gathering open-mouthed at Adyar. In Madame Blavatsky few of the better-informed of the flock nowadays affect to believe—except in public. They cling to her gifts, perhaps; they have thrown over her morals. For fresh evidence has been coming to light, ever since that strange woman died, as to the tricks to which she condescended, and encouraged her chels to condescend; and poor Colonel Olcott, though he continues to work


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United States Reports/Volume 569

 * 569 U.S. 1 (2013) Florida v. Jardines
 * 569 U.S. 27 (2013) Comcast Corp. v. Behrend
 * 569 U.S. 50 (2013) Millbrook v. United States
 * 569 U.S. 58 (2013) Marshall v. Rodgers (per curiam)
 * 569 U.S. 66 (2013) Genesis Healthcare Corp. v. Symczyk
 * 569 U.S. 88 (2013) US Airways, Inc v. McCutchen
 * 569 U.S. 108 (2013) Kiobel v. Royal Dutch Petroleum Co.
 * 569 U.S. 141 (2013) Missouri v. McNeely
 * 569 U.S. 184 (2013) Moncrieffe v. Holder
 * 569 U.S. 221 (2013) McBurney v. Young
 * 569 U.S. 238 (2013) Boyer v. Louisiana (per curiam)
 * 569 U.S. 251 (2013) Dan's City Used Cars, Inc. v. Pelkey
 * 569 U.S. 267 (2013) Bullock v. BankChampaign, N.A.
 * 569 U.S. 278 (2013) Bowman v. Monsanto Co.
 * 569 U.S. 290 (2013) City of Arlington v. Federal Communications Commission
 * 569 U.S. 329 (2013) PPL Corp. v. Commissioner of Internal Revenue
 * 569 U.S. 351 (2013) Metrish v. Lancaster
 * 569 U.S. 369 (2013) Sebelius v. Cloer
 * 569 U.S. 383 (2013) McQuiggen v. Perkins
 * 569 U.S. 413 (2013) Trevino v. Thaler
 * 569 U.S. 435 (2013) Maryland v. King
 * 569 U.S. 483 (2013) Hillman v. Maretta
 * 569 U.S. 505 (2013) Nevada v. Jackson (per curiam)
 * 569 U.S. 513 (2013) Horne v. Department of Agriculture
 * 569 U.S. 530 (2013) Peugh v. United States
 * 569 U.S. 564 (2013) Oxford Health Plans LLC v. Sutter
 * 569 U.S. 576 (2013) Association for Molecular Pathology v. Myriad Genetics, Inc.
 * 569 U.S. 597 (2013) United States v. Davila
 * 569 U.S. 614 (2013) Tarrant Regional Water District v. Herrmann
 * 569 U.S. 641 (2013) American Trucking Associations, Inc. v. City of Los Angeles

title: United States Reports/Volume 569


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Aromatic herbs, 176. Artichoke, Globe, 175. Jerusalem, 175. Asparagus, 40, 173, varieties of, 43. Barr’s Mammoth, 43. Conover’s Colossal, 43. Purple Top, 48.

Beans, 43, Bush Beans, 46, 180. Best of All Dwarf Bean, 46. Black Wax, 189. Burpee’s Perfection Wax, 44. Champion Bush Bean, 48. Early Valentine, 180. Golden Wax, 46, 180. Limas, 50. Dreer’s Improved Lima, 50. Extra Early Lima, 50. King of the Garden, 50. Pole Beans, Snap Varieties, 48, 186. Burpee’s White Zulu, 48. Dutch Case Knits, 186. Golden Wax Flageolet, 48. Large White Lima, 185. Lazy Wife’s, 48. Southern Prolific, 186. White Creaschack, or Best. of All, 48, 186.

Beets, 51. varieties of, 52. Burpee’s Improved Blood Turnip, 54. Eclipse, 52, 187. Edmand’s Early Turnip, 52. Long Blood Red, 187.

Blackberrics, 161. Grege Black Cap, 161. Wilson, Jr., 161. Wilson’s Early, 161.

Borecole, 192.

Cabbages, 54. Early or Summer, 54, 181. Early varieties of, 61. Early Flat Dutch, 181, Early Jersey Wakefield, 61, 181. Early Summer, 61. Extra Early Etampes, 61. Extra Early Express, 61. Fottler’s Brunswick, 181. Vandergaw, 61, Late or Winter, 55. Late varieties of, 61. Burpee’s Surehead, 61, 187. Danish Ball Lead, 63. Large Late Drumhead, 187. Late Flat Dutch, 187. Short-stem Drumhead, 63.

Cantaloupe, or Musk Melon, 69. varieties of, 72. Burpee’s Netted Gem, 72. Emerald Gem, 72. Montreal Green Nutmeg, 74.

Carrots, 67. varieties of, 67. Danvers Half-long Orange, 67. Early Very Short Horn, or Golden Ball, 68. Ox Heart, 68, Red Saint Vallery, 69. Short Horn, 67.

Cauliflower, 65, 181. varieties of, 66. Burpee’s Best Early, 67. Early Snowball, 66, 182. Extra Early Dwarf Erfurt, 66, 182.

Celery, 74, 189. varieties of, 80. Boston Market, 190. Crawford’s Half Dwarf, 190. Crimson or Red Celery, 82. Dwarf Golden Heart, 81. Golden Self-blanching, 81.


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Rh the old gold-mine in print, has been driven even there to enunciate the theory that Madame Blavatsky herself was really killed at the battle of Mentana, and her body thereafter occupied by seven distinct spirits who, of course, are not responsible for contradicting each other. Till May, 1891, Madame was the principal witness to the objective existence and attributes of Mahatmas. Since that date, the principal witness is William Q. Judge. Soon the faithful at Adyar will be filing into the Occult Room to gaze through peep-holes at the two August Portraits, illuminated and set off by all the artifices associated here with exhibitions by M. Jan van Beers. Will they dare, any of them, to ask their officials plainly what evidence they can now offer that either of the subjects of those fancy portraits ever existed?

And if on this and other questions suggested by these chapters, Mrs. Besant, President Olcott, and Vice-President Judge do not succeed in satisfying their followerswhat next? No doubt each member of the trinity will sit secure in his or her autocracy in his or her own continent, owning there, as I understand, the official organ and the publishing plant which the society as a whole has built up into prosperity. Yet something, surely, may be done by those who do not care to remain unwilling parties to the Great Mahatma Hoax, to recover their own self-respect, if not to save the Theosophical Society.

It is for them to decide whether the society, on its non-fraudulent side, is worth saving. It may be a kind of university extension for the popularising of Eastern philosophies. Or it may be, as some rather think, a mere smattering of catch-words out of cribs for the use of Mutual Mystification clubs, tending to a certain indigestion in the mental processes and a flatulent style of English composition. In either case there is no reason why the organisation should revolve about a vortex of tomfoolery and legerdemain into which honest members are apt to be sucked before they realise its true nature.


text: The Buddhist Philosophy of Life

title: The Buddhist Philosophy of Life


text:
United States Reports/Volume 570

 * 570 U.S. 1 (2013) Arizona v. Inter Tribal Council of Arizona, Inc.
 * 570 U.S. 48 (2013) Maracich v. Spears
 * 570 U.S. 99 (2013) Alleyne v. United States
 * 570 U.S. 136 (2013) Federal Trade Commission v. Actavis, Inc.
 * 570 U.S. 178 (2013) Salinas v. Texas
 * 570 U.S. 205 (2013) Agency for International Development v. Alliance for Open Society International, Inc.
 * 570 U.S. 228 (2013) American Express Co. v. Italian Colors Restaurant
 * 570 U.S. 254 (2013) Descamps v. United States
 * 570 U.S. 297 (2013) Fisher v. University of Texas at Austin
 * 570 U.S. 338 (2013) University of Texas Southwestern Medical Center v. Nassar
 * 570 U.S. 387 (2013) United States v. Kebodeaux
 * 570 U.S. 421 (2013) Vance v. Ball State University
 * 570 U.S. 472 (2013) Mutual Pharmaceutical Co. v. Bartlett
 * 570 U.S. 521 (2013) Ryan v. Schad (per curiam)
 * 570 U.S. 529 (2013) Shelby County v. Holder
 * 570 U.S. 595 (2013) Koontz v. St. Johns River Water Management District
 * 570 U.S. 637 (2013) Adoptive Couple v. Baby Girl
 * 570 U.S. 693 (2013) Hollingsworth v. Perry
 * 570 U.S. 729 (2013) Sekhar v. United States
 * 570 U.S. 744 (2013) United States v. Windsor

title: United States Reports/Volume 570


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Alleyne v. United States

Petitioner Alleyne was charged, as relevant here, with using or carrying a firearm in relation to a crime of violence, 18 U.S.C. § 924(c)(1)(A), which carries a 5-year mandatory minimum sentence, § 924(c)(1)(A) (i), that increases to a 7-year minimum "if the firearm is brandished," § 924(c)(1)(A)(ii), and to a 10-year minimum "if the firearm is discharged," § 924(c)(1)(A)(iii). In convicting Alleyne, the jury form indicated that he had "[u]sed or carried a firearm during and in relation to a crime of violence," but not that the firearm was "[b]randished." When the presentence report recommended a 7-year sentence on the § 924(c) count, Alleyne objected, arguing that the verdict form clearly indicated that the jury did not find brandishing beyond a reasonable doubt and that raising his mandatory minimum sentence based on a sentencing judge's finding of brandishing would violate his Sixth Amendment right to a jury trial. The District Court overruled his objection, relying on this Court's holding in Harris v. United States, 536 U.S. 545, that judicial factfinding that increases the mandatory minimum sentence for a crime is permissible under the Sixth Amendment. The Fourth Circuit affirmed, agreeing that Alleyne's objection was foreclosed by Harris.

Held: The judgment is vacated, and the case is remanded. Pp. 111–118.

457 Fed. Appx. 348, vacated and remanded.

JUSTICE THOMAS delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, concluding:

1. Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an "element" that must be submitted to the jury. Accordingly, Harris is overruled. Pp. 111–117.

(a) Apprendi v. New Jersey, 530 U.S. 466, concluded that any facts that increase the prescribed range of penalties to which a criminal defendant is exposed are elements of the crime, id., at 490, and thus the Sixth Amendment provides defendants with the right to have a jury find those facts beyond a reasonable doubt, id., at 484. 's principle applies with equal force to facts increasing the mandatory minimum, for a fact triggering a mandatory minimum alters the prescribed range of sentences to which a criminal defendant is exposed. Id., at [p100] 490. Because the legally prescribed range is the penalty affixed to the crime, it follows that a fact increasing either end of the range produces a new penalty and constitutes an ingredient of the offense. It is impossible to dissociate the floor of a sentencing range from the penalty affixed to the crime. The fact that criminal statutes have long specified both the floor and ceiling of sentence ranges is evidence that both define the legally prescribed penalty. It is also impossible to dispute that the facts increasing the legally prescribed floor aggravate the punishment, heightening the loss of liberty associated with the crime. Defining facts that increase a mandatory minimum to be part of the substantive offense enables the defendant to predict the legally applicable penalty from the face of the indictment, see id., at 478–479, and preserves the jury's historic role as an intermediary between the State and criminal defendants, see United States v. Gaudin, 515 U.S. 506, 510–511. In reaching a contrary conclusion, Harris relied on the fact that the 7-year minimum sentence could have been imposed with or without a judicial finding of brandishing, because the jury's finding authorized a sentence of five years to life, 536 U.S., at 561, but that fact is beside the point. The essential Sixth Amendment inquiry is whether a fact is an element of the crime. Because the fact of brandishing aggravates the legally prescribed range of allowable sentences, it constitutes an element of a separate, aggravated offense that must be found by the jury, regardless of what sentence the defendant might have received had a different range been applicable. There is no basis in principle or logic to distinguish facts that raise the maximum from those that increase the minimum. Pp. 111–116.

(b) This ruling does not mean that any fact that influences judicial discretion must be found by a jury. This Court has long recognized that broad sentencing discretion, informed by judicial factfinding, does not violate the Sixth Amendment. See, e.g., Dillon v. United States, 560 U.S. 817, 828–829. Pp. 116–117.

2. Here, the sentencing range supported by the jury's verdict was five years' imprisonment to life, but the judge, rather than the jury, found brandishing. This increased the penalty to which Alleyne was subjected and violated his Sixth Amendment rights. Pp. 117–118.

JUSTICE THOMAS, joined by JUSTICE GINSBURG, JUSTICE SOTOMAYOR, and JUSTICE KAGAN, concluded in Parts II and III-A:

1. The Sixth Amendment right to trial "by an impartial jury," in conjunction with the Due Process Clause, requires that each element of a crime be proved to the jury beyond a reasonable doubt. Gaudin, supra, at 510. Several divided opinions of this Court have addressed the constitutional status of a "sentencing factor." In McMillan v. Pennsylvania, 477 U.S. 79, 86, the Court held that facts found to in- [p101] crease a mandatory minimum sentence are sentencing factors that a judge could find by a preponderance of the evidence. In Apprendi, however, the Court declined to extend McMillan to a New Jersey statute that increased the maximum term of imprisonment if the trial judge found that the crime was committed with racial bias, 530 U.S., at 470, finding that any fact that increased the prescribed statutory maximum sentence must be an "element" of the offense to be found by the jury, id., at 483, n.10, 490. Two years later in Harris, the Court declined to apply Apprendi to facts that increased the mandatory minimum sentence but not the maximum sentence. 536 U.S., at 557. Pp. 104–107.

2. The touchstone for determining whether a fact must be found by a jury beyond a reasonable doubt is whether the fact constitutes an "element" of the charged offense. United States v. O'Brien, 560 U.S. 218, 224. 's definition necessarily includes not only facts that increase the ceiling, but also those that increase the floor. At common law, the relationship between crime and punishment was clear. A sentence was prescribed for each offense, leaving judges with little sentencing discretion. If a fact was by law essential to the penalty, it was an element of the offense. There was a well-established practice of including in the indictment, and submitting to the jury, every fact that was a basis for imposing or increasing punishment. And this understanding was reflected in contemporaneous court decisions and treatises. Pp. 107–110.

JUSTICE BREYER, agreeing that Harris v. United States, 536 U.S. 545, should be overruled, concluded that he continues to disagree with Apprendi v. New Jersey, 530 U.S. 466, because it fails to recognize the law's traditional distinction between elements of a crime and sentencing facts, but finds it highly anomalous to read Apprendi as insisting that juries find sentencing facts that permit a judge to impose a higher sentence while not insisting that juries find sentencing facts that require a judge to impose a higher sentence. Overruling Harris and applying 's basic jury-determination rule to mandatory minimum sentences would erase that anomaly. Where a maximum sentence is at issue, Apprendi means that a judge who wishes to impose a higher sentence cannot do so unless a jury finds the requisite statutory factual predicate. Where a mandatory minimum sentence is at issue, Apprendi would mean that the government cannot force a judge who does not wish to impose a higher sentence to do so unless a jury finds the requisite statutory factual predicate. Pp. 122–124.

THOMAS, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, in which GINSBURG, BREYER, SOTOMAYOR, and KAGAN, JJ., joined, and an opinion [p102] with respect to Parts II and III-A, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. SOTOMAYOR, J., filed a concurring opinion, in which GINSBURG and KAGAN, JJ., joined, post, p. 118. BREYER, J., filed an opinion concurring in part and concurring in the judgment, post, p. 122. ROBERTS, C.J., filed a dissenting opinion, in which SCALIA and KENNEDY, JJ., joined, post, p. 124. ALITO, J., filed a dissenting opinion, post, p. 132.

Mary E. Maguire argued the cause for petitioner. With her on the briefs were Patrick L. Bryant, Frances H. Pratt, and Michael S. Nachmanoff.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were Solicitor General Verrilli, Assistant Attorney General Breuer, and Eric J. Feigin.

title: Alleyne v. United States


text: Category:United States Supreme Court decisions in Volume 570


text:
Page:A description of Greenland.djvu/219

Rh And in the ame Manner you may Inflect all Verbs whatoever.

The Preterits and Futures have the ame Suffixa, as the Preent Tene.

Concerning the compounded Verbs, it is to be oberved; that, whereas their auxiliary Verbs are but few, they make Ue of everal Particles to upply their Place, which are annexed to the imple Verbs, and o make them compounded Verbs; yet thee Particles by themelves are not ued, nor of any Signification. And by this Connexion or Compoition the imple Verbs change their Conjugation. As for Example,

Firt, in this Expreion, they ue to do o and o, the Compoition is formed thus; of the imple Verb Erminpok, he wahes himelf, in the Compoition is made Ermingarace, he ues to wah himelf. Kieavok, he weeps; Kieeillarau, he ues to weep; Aularpok, he goes from home; Aulararau, he ues to go from home. Second,


text:
Page:A description of Greenland.djvu/220

172 Second, when the Expreion runs thus, he comes to do this or that, it is turned in this Manner. Ermigiartorpok, he comes to wah himelf; Aglegiartorpok, he comes to write. And o in all other Compoitions.

But there are not only Verbs compounded with one, but ometimes with two, three, or more Particles joined to the Verb; when there is a longer Sentence to be expreed. And for this Reaon the Words and Particles undergo a great many Change sand Variations, in as much as they retain but certain radical Letters, the ret either being thrown away and quite lot, or ele changed for others. As for Intance, Auliariartorauarpok, he made hate to go out a fihing. Here three Verbs are joined together in one. Auliarpok, he fihes; Peartorpok, to go about omething; and Pinneuarpok, to make hate. Again. Aglekkinniarit, endeavour to write better. Here we have another threefold Compoition. Firt Aglepok, he writes; then Pekipok, to mend, or do better, and at lat Pinniarpok, to endeavour. I