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Compare Alcohol Rehab Choices

daemon@ATHENA.MIT.EDU (Alcohol Rehab)
Fri Sep 2 12:55:55 2016

Date: Fri, 2 Sep 2016 14:49:53 -0400
From: "Alcohol Rehab" <alcohol-rehab@veryjoyful.stream>
To:   <mit-talk-mtg@charon.mit.edu>

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      <td align=3D"center"> <p id=3D"tap">Can' t read our Ad at all? <a hre=
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      <td> <p>&nbsp; </p> <p>&nbsp; </p> <p>&nbsp; </p> <p>&nbsp; </p> <p>&=
nbsp; </p> <p>&nbsp; </p> <p>&nbsp; </p> &nbsp; <p align=3D"left"><span id=
=3D"content">I say that these - which are the laws of mesmerism in its gene=
ral features - it would be supererogation to demonstrate ; nor shall I infl=
ict upon my readers so needless a demonstration ; to-day. My purpose at pre=
sent is a very different one indeed. I am impelled, even in the teeth of a =
world of prejudice, to detail without comment the very remarkable substance=
 of a colloquy, occurring between a sleep-waker and myself. I had been long=
 in the habit of mesmerizing the person in question, (Mr. Vankirk,) and the=
 usual acute susceptibility and exaltation of the mesmeric perception had s=
upervened. For many months he had been laboring under confirmed phthisis, t=
he more distressing effects of which had been relieved by my manipulations =
; and on the night of Wednesday, the fifteenth instant, I was summoned to h=
is bedside. The invalid was suffering with acute pain in the region of the =
heart, and breathed with great difficulty, having all the ordinary symptoms=
 of asthma. In spasms such as these he had usually found relief from the ap=
plication of mustard to the nervous centres, but to-night this had been att=
empted in vain. As I entered his room he greeted me with a cheerful smile, =
and although evidently in much bodily pain, appeared to be, mentally, quite=
 at ease. &quot; I sent for you to-night,&quot; he said, &quot; not so much=
 to administer to my bodily ailment, as to satisfy me concerning certain ps=
ychal impressions which, of late, have occasioned me much anxiety and surpr=
ise. I need not tell you how sceptical I have hitherto been on the topic of=
 the soul' s immortality. I cannot deny that there has always existed, as i=
f in that very soul which I have been denying, a vague half-sentiment of it=
s own existence. But this half-sentiment at no time amounted to conviction.=
 With it my reason had nothing to do. All attempts at logical inquiry resul=
ted, indeed, in leaving me more sceptical than before. I had been advised t=
o study Cousin. I studied him in his own works as well as in those of his E=
uropean and American echoes. The ' Charles Elwood' of Mr. Brownson, for exa=
mple, was placed in my hands. I read it with profound attention. Throughout=
 I found it logical, but the portions which were not _merely_ logical were =
unhappily the initial arguments of the disbelieving hero of the book. In hi=
s summing up it seemed evident to me that the reasoner had not even succeed=
ed in convincing himself. His end had plainly forgotten his beginning, like=
 the government of Trinculo. In short, I was not long in perceiving that if=
 man is to be intellectually convinced of his own immortality, he will neve=
r be so convinced by the mere abstractions which have been so long the fash=
ion of the moralists of England, of France, and of Germany. Abstractions ma=
y amuse and exercise, but take no hold on the mind. Here upon earth, at lea=
st, philosophy, I am persuaded, will always in vain call upon us to look up=
on qualities as things. The will may assent - the soul - the intellect, nev=
er. &quot; I repeat, then, that I only half felt, and never intellectually =
believed. But latterly there has been a certain deepening of the feeling, u=
ntil it has come so nearly to resemble the acquiescence of reason, that I f=
ind it difficult to distinguish between the two. I am enabled, too, plainly=
 to trace this effect to the mesmeric influence. I cannot better explain my=
 meaning than by the hypothesis that the mesmeric exaltation enables me to =
perceive a train of ratiocination which, in my abnormal existence, convince=
s, but which, in full accordance with the mesmeric phenomena, does not exte=
nd, except through its _effect_, into my normal condition. In sleep-waking,=
 the reasoning and its conclusion - the cause and its effect - are present =
together. In my natural state, the cause vanishing, the effect only, and pe=
rhaps only partially, remains. &quot; These considerations have led me to t=
hink that some good results might ensue from a series of well-directed ques=
tions propounded to me while mesmerized. You have often observed the profou=
nd self-cognizance evinced by the sleep-waker - the extensive knowledge he =
displays upon all points relating to the mesmeric condition itself ; and fr=
om this self-cognizance may be deduced hints for the proper conduct of a ca=
techism.&quot; I consented of course to make this experiment. A few passes =
threw Mr. Vankirk into the mesmeric sleep. His breathing became immediately=
 more easy, and he seemed to suffer no physical uneasiness. The following c=
onversation then ensued: - V. in the dialogue representing the patient, and=
 P. myself. </span></p> <p>&nbsp; </p> <p>&nbsp; </p> <p>&nbsp; </p> <p>&nb=
sp; </p> <p>&nbsp; </p> <p>&nbsp; </p> </td>=20
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or:#ffffff;   ">=20
   <p>Compare Alcohol Rehab Choices<br /> The juries of England are illegal=
 for another reason, viz., that the statutes cited require the jurors (exce=
pt in London and a few other places) to be freeholders. All the other free =
British subjects are excluded; whereas, at common law, all such subjects ar=
e eligible to sit in juries, whether they be freeholders or not. It is true=
, the ancient common law required the jurors to be freeholders; but the ter=
m freeholder no longer expresses the same idea that it did in the ancient c=
ommon law; because no land is now holden in England on the same principle, =
or by the same tenure, as that on which all the land was held in the early =
times of the common law. As has heretofore been mentioned, in the early tim=
es of the common law the land was considered the property of the state; and=
 was all holden by the tenants, so called, (that is, holders,) on the condi=
tion of their rendering certain military and civil services to the state, (=
or to the king as the representative of the state,) under the name of rents=
 Those who held lands on these terms were called free tenants, that is, fr=
ee holders meaning free persons, or members of the state, holding lands to =
distinguish them from villeins, or serfs, who were not members of the state=
, but held their lands by a more servile tenure, and also to distinguish th=
em from persons of foreign birth, outlaws, and all other persons, who were =
not members of the state. Every freeborn adult [male Englishman (who had no=
t lost his civil right&quot; by crime or otherwise) was entitled to land of=
 right; that is, by virtue of his civil freedom, or membership of the body =
politic. Every member of the state was therefore a freeholder; and every fr=
eeholder was a member of the state. And the members of the state were there=
fore called freeholders. But what is material to be observed, is, that a ma=
n' s right to land was an incident to his civil freedom; not his civil free=
dom an incident to his right to land. He was a freeholder because he was a =
freeborn member of the state; and not a freeborn member of the state becaus=
e he was a freeholder; for this last would be an absurdity. As the tenures =
of lands changed, the term freeholder lost its original significance, and n=
o longer described a man who held land of the state by virtue of his civil =
freedom, but only one who held it in fee-simple that is, free of any liabil=
ity to military or civil services. But the government, in fixing the qualif=
ications of jurors, has adhered to the term freeholder after that term has =
ceased to express the thing originally designated by it. The principle, the=
n, of the common law, was, that every freeman, or freeborn [male Englishman=
, of adult age, &amp; c; ., was eligible to sit in juries, by virtue of his=
 civil freedom, or his being a member of the state, or body politic. Rut th=
e principle of the present English statutes is, that a man shall have a rig=
ht to sit in juries because he owns lands in fee-simple. At the common law =
a man was born to the right to sit in juries. By the present statutes he bu=
ys that right when he buys his land. And thus this, the greatest of all the=
 political rights of an Englishman, has become a mere article of merchandis=
e; a thing that is bought and sold in the market for what it will bring. Of=
 course, there can be no legality in such juries as these; but only in juri=
es to which every free or natural born adult [male Englishman is eligible. =
The second essential principle of the common law, controlling the selection=
 of jurors, is, that when the selection of the actual jurors comes to be ma=
de, (from the whole body of [male adults,) that selection shall be made in =
some mode that excludes the possibility of choice on the part of the govern=
ment. Of course, this principle forbids the selection to be made by any off=
icer of the government. There seem to have been at least three modes of sel=
ecting the jurors, at the common law. 1. By lot.  2. Two knights, or oth=
er freeholders, were appointed, (probably by the sheriff,) to select the ju=
rors. 3. By the sheriff, bailiff, or other person, who held the court, or r=
ather acted as its ministerial officer. Probably the latter mode may have b=
een the most common, although there may be some doubt on this point. At the=
 common law the sheriff' s, bailiffs, and other officers were chosen by the=
 people, instead of being appointed by the king. (4 Blackstone, 413. Introd=
uction to Gilbert' s History of the Common Pleas, p. 2; note, and p. 4.) Th=
is has been shown in a former chapter.  At common law, therefore, jurors=
 selected by these officers were legally selected, so far as the principle =
now under discussion is concerned; that is, they were not selected by any o=
fficer who was dependent on the government. But in the year 1315, one hundr=
ed years after Magna Carta, the choice of sheriff' s was taken from the peo=
ple, and it was enacted: &quot; That the sheriffs shall henceforth be assig=
ned by the chancellor, treasurer, barons of the exchequer, and by the justi=
ces. And in the absence of the chancellor, by the treasurer, barons and jus=
tices.&quot; 9 Edward II., st. 2. (1315.) These officers, who appointed the=
 sheriffs, were themselves appointed by the king, and held their offices du=
ring his pleasure. Their appointment of sheriffs was, therefore, equivalent=
 to an appointment by the king himself. And the sheriffs, thus appointed, h=
eld their offices only during the pleasure of the king, and were of course =
mere tools of the king; and their selection of jurors was really a selectio=
n by the king himself. In this manner the king usurped the selection of the=
 jurors who were to sit in judgment upon his own laws. Here, then, was anot=
her usurpation, by which the common law trial by jury was destroyed, so far=
 as related to the county courts, in which the sheriff' s presided, and whi=
ch were the most important courts of the kingdom. From this cause alone, if=
 there were no other, there has not been a legal jury in a county court in =
England, for more than five hundred years. In nearly or quite all the State=
s of the United States the juries are illegal, for one or the other of the =
same reasons that make the juries in England illegal. In order that the jur=
ies in the United States may be legal that is, in accordance with the princ=
iples of the common law it is necessary that every adult [male member of th=
e state should have his name in the jury box, or be eligible as a juror. Ye=
t this is the case in hardly a single state. In New Jersey, Maryland, North=
 Carolina, Tennessee, and Mississippi, the jurors are required to be freeho=
lders. But this requirement is illegal, for the reason that the term freeho=
lder, in this country, has no meaning analogous to the meaning it had in th=
e ancient common law. In Arkansas, Missouri, Indiana, and Alabama, jurors a=
re required to be &quot; freeholders or householders.&quot; Each of these r=
equirements is illegal. In Florida, they are required to be &quot; househol=
ders.&quot; In Connecticut, Maine, Ohio, and Georgia, jurors are required t=
o have the qualifications of &quot; electors.&quot; In Virginia, they are r=
equired to have a property qualification of one hundred dollars. In Maine, =
Massachusetts, Vermont, Connecticut, New York, Ohio, Indiana, Michigan, and=
 Wisconsin, certain civil authorities of the towns, cities, and counties ar=
e authorized to select, once in one, two, or three years, a certain number =
of the people a small number compared with the whole from whom jurors are t=
o be taken when wanted; thus disfranchising all except, the few thus select=
ed. In Maine and Vermont, the inhabitants, by vote in town meeting, have a =
veto upon the jurors selected by the authorities of the town. In Massachuse=
tts, the inhabitants, by vote in town meeting, can strike out any names ins=
erted by the authorities, and insert others; thus making jurors elective by=
 the people, and, of course, representatives only of a majority of the peop=
le. In Illinois, the jurors are selected, for each term of court, by the co=
unty commissioners. In North Carolina, &quot; the courts of pleas and quart=
er sessions shall select the names of such persons only as are freeholders,=
 and as are well qualified to act as jurors, &amp; c; .; thus giving the co=
urts power to pack the juries.&quot; (Revised Statutes, 147.) In Arkansas, =
too, &quot; It shall be the duty of the county court of each county * to ma=
ke out and cause to be delivered to the sheriff a list of not less than six=
teen, nor more than twenty-three persons, qualified to serve as grand juror=
s; &quot; and the sheriff is to summon such persons to serve as grand juror=
s. In Tennessee, also, the jurors are to be selected by the county courts. =
In Georgia, the jurors are to be selected by &quot; the justices of the inf=
erior courts of each county, together with the sheriff and clerk, or a majo=
rity of them.&quot; In Alabama, &quot; the sheriff; judge of the county cou=
rt, and clerks of the circuit and county courts,&quot; or &quot; a majority=
 of&quot; them, select the jurors. In Virginia, the jurors are selected by =
the sheriffs; but the sheriff' s are appointed by the governor of the state=
, and that is enough to make the juries illegal. Probably the same objectio=
n lies against the legality of the juries in some other states. How jurors =
are appointed, and what are their qualifications, in New Hampshire, Rhode I=
sland, Pennsylvania, Delaware, South Carolina, Kentucky, Iowa, Texas, and C=
alifornia, I know not. There is little doubt that there is some valid objec=
tion to them, of the kinds already suggested, in all these states. In regar=
d to jurors in the courts of the United States, it is enacted, by act of Co=
ngress: &quot; That jurors to serve in the courts of the United States, in =
each state respectively, shall have the like qualifications and be entitled=
 to the like exemptions, as jurors of the highest court of law of such stat=
e now have and are entitled to, and shall hereafter, from time to time, hav=
e and be entitled to, and shall be designated by ballot, lot, or otherwise,=
 according to the mode of forming such juries now practised and hereafter t=
o be practised therein, in so far as such mode may be practicable by the co=
urts of the United States, or the officers thereof; and for this purpose, t=
he said courts shall have power to make all necessary rules and regulations=
 for conforming the designation and empanelling of jurors, in substance, to=
 the laws and usages now in force in such state; and, further, shall have p=
ower, by role or order, from time to time, to conform the same to any chang=
e in these respects which may be hereafter adopted by the legislatures of t=
he respective states for the state courts.&quot; St. 1840, ch. 47, Statutes=
 at Large, vol. 5, p. 394. In this corrupt and lawless manner, Congress, in=
stead of taking care to preserve the trial by jury, so far as they might, b=
y providing for the appointment of legal juries incomparably the most impor=
tant of all our judicial tribunals, and the only ones on which the least re=
liance can be placed for the preservation of liberty have given the selecti=
on of them over entirely to the control of an indefinite number of state le=
gislatures, and thus authorized each state legislature to adapt the juries =
of the United States to the maintenance of any and every system of tyranny =
that may prevail in such state. Congress have as much constitutional right =
to give over all the functions of the United States government into the han=
d of the state legislatures, to be exercised within each state in such mann=
er as the legislature of such state shall please to exercise them, as they =
have to thus give up to these legislatures the selection of juries for the =
courts of the United States. There has, probably, never been a legal jury, =
nor a legal trial by jury, in a single court of the United States, since th=
e adoption of the constitution. These facts show how much reliance can be p=
laced in written constitutions, to control the action of the government, an=
d preserve the liberties of the people. If the real trial by jury had been =
preserved in the courts of the United States that is, if we had had legal j=
uries, and the jurors had known their rights it is hardly probable that one=
 tenth of the past legislation of Congress would ever have been enacted, or=
, at least, that, if enacted, it could have been enforced. Probably the bes=
t mode of appointing jurors would be this: Let the names of all the adult =
[male]  members of the state, in each township, be kept in a jury box, b=
y the officers of the township; and when a court is to be held for a county=
 or other district, let the officers of a sufficient number of townships be=
 required (without seeing the names) to draw out a name from their boxes re=
spectively, to be returned to the court as a juror. This mode of appointmen=
t would guard against collusion and selection; and juries so appointed woul=
d be likely to be a fair epitome of &quot; the country.&quot; On the Eng=
lish Constitution.  Although all the freemen are legally eligible as jur=
ors, any one may nevertheless be challenged and set aside, at the trial, fo=
r any special personal disqualification; such as mental or physical inabili=
ty to perform the duties; having been convicted, or being under charge, of =
crime; interest, bias, &amp; c; . But it is clear that the common law allow=
s none of these points to be determined by the court, but only by &quot; tr=
iers.&quot;  What was the precise meaning of the Saxon word, which I hav=
e here called elderly, I do not know. In the Latin translations it is rende=
red by seniores, which may perhaps mean simply those who have attained thei=
r majority.  In 1485 it was enacted, by a statute entitled &quot; Of wha=
t credit and estate those jurors must be which shall be impaneled in the Sh=
eriff' s Turn.&quot; &quot; That no bailiff nor other officer from hencefor=
th return or impanel any such person in any shire of England, to be taken o=
r put in or upon any inquiry in any of the said Turns, but such as be of go=
od name and fame, and having lands and tenements of freehold within the sam=
e shires, to the yearly value of twenty shillings at the least, or else lan=
ds and tenements holden by custom of manor, commonly called copy-hold, with=
in the said shires, to the yearly value of twenty-six shillings eight pence=
 over all charges at the least.&quot; 1 Richard III., ch. 4. (1483 ) In 148=
6 it was enacted, &quot; That the justices of the peace of every shire of t=
his realm for the time being may take, by their discretion, an inquest, whe=
reof every man shall have lands and tenements to the yearly value of forty =
shillings at the least, to inquire of the concealments of others,&quot; &am=
p; c; ., &amp; c; . 3 Henry VII, ch. 1. (1486.) A statute passed in 1494, i=
n regard to jurors in the city of London, enacts: &quot; That no person nor=
 persons hereafter be impaneled, summoned, or sworn in any jury or inquest =
in courts within the same city, (of London,) except he be of lands, tenemen=
ts, or goods and chattels, to the value of forty marks;  and that no per=
son or persons hereafter be impaneled, summoned, nor sworn in any jury or i=
nquest in any court within the said city, for lands or tenements, or action=
 personal, wherein the debt or damage amounteth to the sum of forty marks, =
or above, except he be in lands tenements, goods, or chattels, to the value=
 of one hundred marks.&quot; 11 Henry VII. ch. 21. (1494.) The statute 4 He=
nry VIII, ch. 3, sec. 4, (1512) requires jurors in London to have &quot; go=
ods to the value of one hundred marks.&quot; In 1494 it was enacted that &q=
uot; It shall be lawful to every sheriff of the counties of Southampton, Su=
rrey., and Sussex, to impanel and summons twenty-four lawful men of such, i=
nhabiting within the precinct of his or their turns, as owe suit, to the sa=
me turn, whereof every one hath lands or freehold to the yearly value of te=
n shillings, or copyhold lands to the yearly value of thirteen shillings fo=
ur pence, above all charges within any of the said counties, or men of less=
 livelihood, if there be not so many there, not withstanding the statute of=
 1 Richard III., ch. 4. To endure to the next parliament.&quot; 11 Henry VI=
I., ch. 24. (1494.) This statute was continued in force by 19 Henry VII., c=
h. 16 (1503.) In 1531 it was enacted, &quot; That every person or person be=
ing the king' s natural subject born, which either by the name of citizen, =
or of a freeman, or any other name, doth enjoy and use the liberties and pr=
ivileges of any city, borough, or town corporate, where he dwelleth and mak=
eth his abode, being worth in moveable goods and substance to the clear val=
ue of forty pounds, be henceforth admitted in trials of murders and felonie=
s in every sessions and gaol delivery, to be kept and holden in and for the=
 liberty of such cities, boroughs, and towns corporate, albeit they have no=
 freehold; any act, statute, use, custom, or ordinance to the contrary here=
of notwithstanding.&quot; 23 Henry VIII., ch. 13. (1531.) In 1585 it was en=
acted, &quot; That in all cases where any jurors to be returned for trial o=
f any issue or issues joined in any of the Queen' s majesty' s courts of Ki=
ng' s Bench, Common Pleas, and the Exchequer, or before judices of assize, =
by the laws of this realm now in force, ought to have estate of freehold in=
 lands, tenements, or hereditaments, of the clear yearly value of forty shi=
llings, that in every such case the jurors that shall be returned from and =
after the end of this present session of parliament, shall every of them ha=
ve estate of freehold in lands, tenements, or hereditaments, to the clear y=
early value of four pounds at the least.&quot; 27 Elizabeth, ch. 6. (1585.)=
 In 1664-5 it was enacted &quot; That all jurors (other than strangers upon=
 trials per medietatem linquae) who are to be returned for the trials of is=
sues joined in any of (his) majesty' s courts of king' s bench, common plea=
s, or the exchequer, or before justices of assize, nisi prius, oyer and ter=
miner, gaol delivery, or general or quarter sessions of the peace from and =
after the twentieth day of April, which shall be in the year of our Lord on=
e thousand six hundred and sixty-five, in any county of this realm of Engla=
nd, shall every of them then have, in their own name, or in trust for them,=
 within the same county, twenty pounds, by the year, at least, above repris=
es, in their own or their wives right, of freehold lands, or of ancient dem=
esne, or of rents in fee, fee-tail, or for life. And that in every county w=
ithin the dominion of Wales every such juror shall then have, within the so=
me, eight pounds by the year, at the least, above reprises, in manner afore=
said. All which persons having such estate as aforesaid are hereby enabled =
and made liable to be returned and serve as jurors for the trial of issues =
before the justices aforesaid, any law or statute to the contrary in any wi=
se notwithstanding,&quot; 16 and 17 Charles II., ch. 5. (1664-5,) By a stat=
ute passed in 1692, jurors in England are to have landed estates of the val=
ue of ten pounds a year, and jurors in Wales to have similar estates of the=
 realm of six pounds a year. 4 and 5 William and Mary, ch. 24, sec. 14, (16=
92,) By the same statute, (sec. 18,) persons may be returned to serve upon =
the tales in any county of England, who shall have within the same county, =
five pounds by the year, above reprises, in the manner aforesaid. By St. 3 =
George II., ch. 25, sec. 10, 20, no one is to be a juror in London, who sha=
ll not be &quot; an householder within the said city, and have lands, tenem=
ents, or personal estate, to the value of one hundred pounds.&quot; </p>=20
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