January 6, 1919: Theodore Roosevelt Dies

 

 

“The old lion is dead.”

Archie Roosevelt, cable to his brothers after the death of their father.

 

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Published in: on January 6, 2019 at 5:30 am  Leave a Comment  
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Star Trek the Music

Something for the weekend:  Star Trek Mega Suite.  Something easy to star off the year, various Star Trek musical themes.

Published in: on January 5, 2019 at 7:37 am  Leave a Comment  
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Quotes Suitable for Framing: George Santayana

 

Progress, far from consisting in change, depends on retentiveness. When change is absolute there remains no being to improve and no direction is set for possible improvement: and when experience is not retained, as among savages, infancy is perpetual. Those who cannot remember the past are condemned to repeat it.

George Santayana

Published in: on January 4, 2019 at 5:30 am  Comments (3)  
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Quotes Suitable for Framing: Theodore Roosevelt

 

In the first place we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the man’s becoming in very fact an American, and nothing but an American. If he tries to keep segregated with men of his own origin and separated from the rest of America, then he isn’t doing his part as an American. There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag, and this excludes the red flag, which symbolizes all wars against liberty and civilization, just as much as it excludes any foreign flag of a nation to which we are hostile. We have room for but one language here, and that is the English language, for we intend to see that the crucible turns our people out as Americans, of American nationality, and not as dwellers in a polyglot boarding-house; and we have room for but one soul loyalty, and that is loyalty to the American people.

Letter by Theodore Roosevelt (3 January 1919) to Charles Steward Davison, Chairman of the Board of Trustees of the American Defense Society.  It was one of the last letters he wrote.

Published in: on January 3, 2019 at 5:30 am  Leave a Comment  
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Salvador Dali on What’s My Line

From January 27, 1957.  A truly surreal episode from the Golden Age of Television.  Painter Salvador Dali on What’s My Line.  Immensely funny, and a tribute to how a popular game show in the Fifties expected the audience to know who a famous painter was.  I can’t imagine any television show today being able to make such an assumption.

Published in: on January 2, 2019 at 5:30 am  Leave a Comment  
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January 1, 1808: Importation of Slaves into the US is Banned

 

When the Constitution was drafted Congress was granted the power to ban the international slave trade into the US, but the power could not be exercised until January 1, 1808.  President Thomas Jefferson in his annual message to Congress of December 2, 1806, noted that January 1, 1808 was approaching:

I congratulate you, fellow citizens, on the approach of the period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best of our country have long been eager to proscribe. Although no law you may pass can take prohibitory effect Ôtil the 1st day of the year 1808, yet the intervening period is not too long to prevent by timely notice expeditions which can not be completed before that day.

Congress in 1794 had passed an act to prohibit American ships from participating in the slave trade, so ships bringing slaves into the US could do so legally only if they were foreign ships.  Congress acted promptly in 1807 and a law banning the importation of slaves was signed by Jefferson on March 2, 1807.  Considering the furor that surrounded slavery in the coming decades, it should be noted that the banning of the international slave trade was not controversial and enjoyed broad support in Congress.

 

Published in: on January 1, 2019 at 5:30 am  Leave a Comment  
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December 31, 1862: Battle of Stones River Begins

“Non nobis Domine! non nobis sed nomini tuo da gloriam.”

General William S. Rosecrans at the end of his report on the battle of Stones River, attributing the Union victory to God.

An unjustly obscure battle of the Civil War began 150 years ago today:  Stones River.  Based on the number of combatants involved, it was the bloodiest battle fought in an extremely bloody War.  The two armies involved, the Union Army of the Cumberland and the Confederate Army of Tennessee, were struggling for control of middle Tennessee.  If the Confederate Army of Tennessee could be chased out of middle Tennessee, then Union control of Nashville was secure, and it could be used as a springboard for the conquest of southeastern Tennessee and the eventual invasion of Georgia.  If the Union Army of the Cumberland could be defeated, then Nashville might fall, and the Confederate heartland be secured from invasion.  The stakes were high at Stones River.  A critical factor for the Union was that morale in the North was plummeting.  The Army of the Potomac had suffered a shattering defeat a few weeks before at Fredericksburg, and Grant and his Army of the Tennessee seemed to be stymied by the Confederate fortress city of Vicksburg.  The War for the Union seemed to be going no place at immense cost in blood and treasure.  If the Army of the Cumberland led by General Rosecrans was defeated, voices raised in the North to “let the erring sisters go” might swell into a chorus that would lead eventually to a negotiated peace, especially after election losses for the Republicans in the Congressional elections already demonstrated deep dissatisfaction in the North as to the progress of the War.

General Rosecrans led the Army of the Cumberland out of Nashville the day after Christmas and marched southeast 40 miles to challenge the Army of Tennessee at Murfreesboro.  The armies were comparable in size with the Army of the Cumberland having 41,000 men opposed to the 35,000 of the Army of the Tennessee.  Both Rosecrans and Bragg planned to attack the opposing army by attacking its right flank.  On December 31, Bragg struck first.

December 31, 1862 Stones River

Confederate General William J. Hardee led his corps in a slashing attack at 8:00 AM against General Alexander M. McCook’s corps, and by 10:00 AM had chased the Union troops back three miles  before they rallied.  Rosecrans cancelled the attack against the Confederate right by General Thomas L. Crittenden’s corps, and rushed reinforcements to his embattled right.  Confederate General Leonidas Polk, an Episcopalian bishop in civilian life, launched simultaneous attacks against the left of McCook’s corp.  Here General Phil Sheridan’s division put up a stout resistance, but was eventually driven back.

Stones_River_Dec31_0945

By late morning the Union army had its back to Stones River and its line perpendicular on its right to its original position.  Rosecrans, who seemed to be everywhere on the battlefield that day, succeeded in rallying his troops.  The left of the Union line held against repeated assaults, the fiercest fighting centering on a four-acre wooded tract, known until the battle as the Round Forest, held by Colonel William B. Hazen’s brigade.  The ferocity of the fighting can be judged by the fact that after the battle the tract of land would ever be known as Hell’s Half Acre.  The Union forces held and by 4:30 PM. winter darkness brought an end to that day’s fighting.

Rosecrans held a council of war that night to determine if the army should stand or retreat.  General George H. Thomas who had led his corps in the center with his customary skill and determination made the laconic comment that “There is no better place to die” and Rosecrans readily agreed.  The Army of the Cumberland would stand and fight. (more…)

December 30, 1853: Gadsden Purchase Signed in Mexico

 

Grandson of Revolutionary War hero Christopher Gadsden, creator of the Gadsden flag, James Gadsden was a southern firebrand from South Carolina.  In 1831 he supported Nullification and in 1850 he called for the secession of South Carolina on the admission of California into the Union as a free state.  In 1851 he sponsored efforts in California to split the state with southern California becoming a slave state.  Dying in 1858 he did not live to see the creation of the Confederacy or the destruction of it and slavery.

Along with his political activities Gadsden from 1840-1850 was president of the South Carolina Railroad.  He envisaged a southern transcontinental railroad linking Charleston, South Carolina to the Pacific at San Diego.  A major problem for such a railroad was that the land in the New Mexico Territory, including most of what would become Arizona, was thought to be unsuitable for the construction of the railroad.  Land south of the Gila river and west of the Rio Grande in what is today southern Arizona looked much more promising.

James Gadsden, the most unlikeliest of men for the role of diplomat, was appointed by President Franklin Pierce, ever sympathetic to southern firebrands, to attempt to negotiate a treaty with Mexico for the purchase of such land.  Santa Anna was in what would turn out to be his last term as President\Dictator of Mexico.  The negotiations began on the wrong foot when Gadsden bluntly told Santa Anna that the northern Mexican provinces would eventually secede from Mexico anyway, so he might as well sell the land to the US now.  However, Santa Anna needed money.  After considerable haggling, Santa Anna agreed to sell 38,000 square miles of desert to the US for the southern railroad.  (more…)

Published in: on December 30, 2018 at 5:30 am  Leave a Comment  
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Auld Lang Syne

 

Something for the weekend.  Auld Lang Syne.  Written by the immortal Scots poet Bobby Burns in 1788, his poem captured perfectly the grandeur of human memory as it ponders the cherished past.  It is very appropriate that it has become an essential part of New Year’s Eve celebrations.  Here is his original version:

 

 

 

Should auld acquaintance be forgot,

and never brought to mind ?

Should auld acquaintance be forgot,

and auld lang syne ?

For auld lang syne, my jo (or my dear),

for auld lang syne,

we’ll tak a cup o’ kindness

for auld lang syne.

And surely ye’ll be your pint-stowp !

and surely I’ll be mine !

And we’ll tak a cup o’ kindness yet,

for auld lang syne.

We twa hae run about the braes,

and pu’d the gowans fine ;

But we’ve wander’d mony a weary fit,

sin auld lang syne.

We twa hae paidl’d i’ the burn,

frae morning sun till dine;

But seas between us braid hae roar’d

sin auld lang syne.

And there’s a hand, my trusty fiere!

and gie’s a hand o’ thine !

And we’ll tak a right gude-willy waught,

for auld lang syne.

Translated into Sassenach: (more…)

Published in: on December 30, 2018 at 5:30 am  Leave a Comment  
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Inter Arma Enim Silent Leges

 

In times of war the laws fall silent.  That is from the Latin maxim Inter Arma Enim Silent Leges.  A  study of history reveals just how true that is, and Justice Scalia reminds us of that fact:

U.S. Supreme Court Justice Antonin Scalia told law students at the University of Hawaii law school Monday that the nation’s highest court was wrong to uphold the internment of Japa­nese-Americans during World War II but that he wouldn’t be surprised if the court issued a similar ruling during a future conflict.

Scalia was responding to a question about the court’s 1944 decision in Kore­ma­tsu v. United States, which upheld the convictions of Gordon Hira­ba­ya­shi and Fred Kore­ma­tsu for violating an order to report to an internment camp.

“Well, of course, Kore­ma­tsu was wrong. And I think we have repudiated in a later case. But you are kidding yourself if you think the same thing will not happen again,” Scalia told students and faculty during a lunchtime question-and-answer session.

Scalia cited a Latin expression meaning “In times of war, the laws fall silent.”

“That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot. That’s what happens. It was wrong, but I would not be surprised to see it happen again, in time of war. It’s no justification but it is the reality,” he said.

Avi Soifer, the law school’s dean, said he believed Scalia was suggesting people always have to be vigilant and that the law alone can’t be trusted to provide protection.

Go here to read the rest.

Internment camps were set up after Pearl Harbor during the invasion scare.  Several thousand Italian-Americans and eleven thousand German Americans were interned during the war, but these were individuals who were picked up because investigations indicated that they could be a domestic threat.  The west coast  Japanese were simply scooped up with no individual investigations.  J. Edgar Hoover, head of the FBI, opposed the internment of the Japanese, regarding it as completely unnecessary, but his views sadly were ignored.  About 120,000 Japanese -Americans were interned during the war, the vast majority loyal Americans.

The Supreme Court upheld the constitutionality of the internment in the case of Korematsu v. United States.  The vote was 6-3.  Six out of the eight Supreme Court Justices appointed by FDR voted to affirm the constitutionality of the internment.  The lone Republican on the court, Justice Owen Roberts, wrote a dissent which deserves to be remembered.  It begins simply and directly:

I dissent, because I think the indisputable facts exhibit a clear violation of Constitutional rights.

This is not a case of keeping people off the streets at night as was Kiyoshi Hirabayashi v. United States,  320  U.S. 81, 63 S.Ct. 1375,  [323  U.S. 214, 226] nor a case of temporary exclusion of a citizen from an area for his own safety or that of the community, nor a case of offering him an opportunity to go temporarily out of an area where his presence might cause danger to himself or to his fellows. On the contrary, it is the case of convicting a citizen as a punishment for not submitting to imprisonment in a concentration camp, based on his ancestry, and solely because of his ancestry, without evidence or inquiry concerning his loyalty and good disposition towards the United States. If this be a correct statement of the facts disclosed by this record, and facts of which we take judicial notice, I need hardly labor the conclusion that Constitutional rights have been violated.

 

On the same day as the ruling in Korematsu was handed down, the Supreme Court ruled the internment of loyal Americans unconstitutional in December of 1944 in the case of Ex Parte Endo.  After the decision Japanese-Americans were free to leave the internment camps, although about a quarter of the internees had already left to live and work in areas of the country other than the west coast zones excluded to them, or by volunteering for military service.  This decision was unanimous and Justice Roberts correctly pointed out that the two decisions contradicted each other.  (The Supreme Court in 2018 in Trump v Hawaii, via the majority decision written by Chief Justice John Roberts noted that Korematsu was no longer good law:

Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—‘has no place in law under the Constitution.’”)

What happened in World War II was not an aberration.  Whenever this country has gone to war some infringement on civil liberties has occurred.  Sometimes these infringements have been massive as occurred during the Revolution and the Civil War. (more…)