September 30, 1918 Gold Star Mother’s Day

They are so few, who pick up this heaviest of tabs on behalf of the rest of us.

Today, Sunday, September 30, 2018, is Gold Star Mother’s Day.  I wish to dedicate this “Today in History”, to those women who have made the greatest sacrifice a mother can make, in service to the nation.  The rest of us owe them a debt which can never be repaid.

Suppose you were to stop 100 randomly selected individuals on the street, and ask them:  “Of all the conflicts in American military history, which single battle accounts for the greatest loss of life“.  I suppose you’d get a few Gettysburgs in there, and maybe an Antietam or two.  The Battle of the Bulge would come up, for sure, and there’s bound to be a Tarawa or an Iwo Jima.  Maybe a Normandy.  I wonder how many would answer, Meuse-Argonne.

80th-Div-No3

The United States was a relative late-comer to the Great War, entering the conflict in April 1917, when President Woodrow Wilson asked permission of the Congress, for a “War to end all wars”.  American troop levels “over there” remained small throughout the rest of 1917, as the formerly neutral nation of  fifty million ramped up to a war footing.

US_Marines_during_the_Meuse-Argonne_Campaign
US Marines during Meuse-Argonne offensive of 1918

The trickle turned to a flood in 1918, as French ports were expanded to handle their numbers.  The American Merchant Marine was insufficient to handle the influx, and received help from French and British vessels.  By August, every one of what was then forty-eight states had sent armed forces, amounting to nearly 1½ million American troops in France.

After four years of unrelenting war, French and British manpower was staggered and the two economies, nearing collapse.  Tens of thousands of German troops were freed up and moving to the western front, following the chaos of the Russian Revolution.  The American Expeditionary Force was arriving none too soon.

Gun crew , 1918
“Gun crew from Regimental Headquarters Company, 23rd Infantry, firing 37mm gun during an advance against German entrenched positions. , 1918”, H/T Wikipedia

Following successful allied offensives at Amiens and Albert, Allied Supreme Commander Ferdinand Foch ordered General John J. “Black Jack” Pershing to take overall command of the offensive, with the objective of cutting off the German 2nd Army. Some 400,000 troops were moved into the Verdun sector of northeastern France.  This was to be the largest operation of the AEF, of World War I.With a half-hour to go before midnight September 25, 2,700 guns opened up in a six hour bombardment, against German positions in the Argonne Forest, along the Meuse River.

Montfaucon American Monument, World War I, France
Butte de Montfaucon, today

Some 10,000 German troops were killed or incapacitated by mustard and phosgene gas attacks, and another 30,000 plus, taken prisoner.  The Allied offensive advanced six miles into enemy territory, but bogged down in the wild woodlands and stony mountainsides of the Argonne Forest.

dc582ea834d6854175ae8bb8b2a316b1
Meuse-Argonne American cemetery near Romagne, in France

The Allied drive broke down on German strong points like the hilltop monastery at Montfaucon and others, and fortified positions of the German “defense in depth”.

Pershing called off the Meuse-Argonne offensive on September 30, as supplies and reinforcements backed up in what can only be termed the Mother of All Traffic Jams.

MeuseArgonneTraffic

Fighting was renewed four days later resulting in some of the most famous episodes of WW1, including the “Lost Battalion” of Major Charles White Whittlesey, and the single-handed capture of 132 prisoners, by Corporal (and later Sergeant) Alvin York.

20150618_wp_meuseargonne_ABMC_0146
Meuse-Argonne American Cemetery, outside of Romagne, France

The Meuse-Argonne offensive would last forty-seven days, resulting in 26,277 American women gaining that most exclusive and unwanted of distinctions, that of being a Gold Star Mother.  More than any other battle, in American military history.  95,786 others would see their boys come home, mangled.

gold-star-mothers-monument-at-the-putnam-county-veteran-memorial-park-james-connor
Gold Star Mother’s Monument At The Putnam County (NY) Veteran Memorial Park, photograph by James Connor

In May of that year, President Woodrow Wilson approved a suggestion from the Women’s Committee of the Council of National Defenses, that American women were asked to wear black bands on the left arm, with a gilt star for every family member who had given his life for the nation.

GoldStar1

Today, Title 36 § 111 of the United States Code provides that the last Sunday in September be observed as Gold Star Mother’s Day, in honor of those women who have made the ultimate sacrifice. (April 5 is set aside, as Gold Star Spouse’s Day).  Recently, both President Barack Obama and Donald Trump have signed proclamations, setting this day aside as Gold Star Mother’s and Family’s Day.

Gold-Star-Mothers-Day-Last-Sunday-in-September

At first a distinction reserved only for those mothers who had lost sons and daughters in WW1, that now includes a long list of conflicts, fought over the last 100 years.  At this time the US Army website reports  “The Army is dedicated to providing ongoing support to over 78,000 surviving Family members of fallen Soldiers”.

Seventy-eight thousand, out of a nation of some 320 million.  They are so few, who pick up this heaviest of tabs on behalf of the rest of us.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.
Advertisements

September 29, 1780 André

In an age before radio or television, John André was a fun and interesting guy to be around. He was a gifted story teller with a great sense of humor. He could draw, paint and cut silhouettes. He was an excellent writer, he could sing, and he could write verse.

In an age before radio or television, John André was a fun and interesting guy to be around. A gifted story teller with a great sense of humor, Major André was a favorite of Colonial Loyalist society.  He could draw, paint and cut silhouettes. He was an excellent writer, he could sing, and he could write verse.

John André was a British Major at the time of the American Revolution, taking part in his army’s occupations of New York and Philadelphia.  He was also, a spy.

albany16172503056541
Portrait drawn by Major John André, 1776

Peggy Shippen was the daughter of a prominent Philadelphia Tory and, for a time, enjoyed a dating relationship with Major André.  Following the French entry into the war on the American side, British General William Howe removed his command from Philadelphia, including Major André.

Peggy-Shippen
Peggy Shippen

In 1778, Peggy Shippen met an important officer in the Patriot cause, a hero of Valcour Island, and the Battle of Saratoga.  On April 8, 1779, the couple was married in the Shippen townhouse on Fourth Street   The relationship provided the connection between the British spy and a man who could have gone into history among the top tier of American founding fathers, had he not switched sides.  Peggy Shippen’s new husband, was General Benedict Arnold.

Arnold was Commandant of West Point at the time, the future location of one of our great military academies. At the time, West Point was a strategic fortification on high ground overlooking the Hudson River. The British capture of West Point would have split the colonies in half.

John André struck a bargain with Benedict Arnold which would turn a Hero of the Revolution into a name synonymous with “Traitor”. Arnold would receive £20,000, equivalent to over a million dollars today, in exchange for which he would give up West Point.

Arnoldpicture1
General Benedict Arnold

Major André sailed up the Hudson River in the Sloop of War HMS Vulture on September 20, 1780. Dressed in civilian clothes, he was returning to his lines on the 23rd. Six papers written in Arnold’s hand were hidden in his sock when three members of the New York militia:  John Paulding, David Williams and Isaac Van Wart stopped him.  Paulding was wearing a Hessian overcoat, and André thought they were Tories. “Gentlemen”, he said, “I hope you belong to our party”. “What party”, came the response and André replied “The lower (British) party”. “We do”, they said, to which André announced himself to be a British officer who must not be detained. That was as far as he went.

The discovery of these papers brought Benedict Arnold’s treachery to light.  Unaware that General Arnold himself was the culprit, Lt. Col. John Jameson dispatched letters to General George Washington and Benedict Arnold, warning the two of the plot.   Washington was literally on the way to a breakfast meeting with Arnold, when the General received the note.  Thus forewarned, Arnold slipped out a side door and escaped to a British ship, waiting nearby.

Capture_of_John_andre1

John André was tried and sentenced to death as a spy, and jailed on September 29. He asked if he could write a letter to General Washington. In it he asked not that his life be spared, but that he be executed by firing squad, considered to be a more “gentlemanly” death than hanging.

General Washington believed that Arnold’s crimes were far more egregious than those of John André, and he was impressed with the man’s bravery.  Washington wrote to General Sir Henry Clinton, asking for an exchange of prisoners.

Having received no reply by October 2, Washington wrote in his General Order of the day, “That Major André General to the British Army ought to be considered as a spy from the Enemy and that agreeable to the law and usage of nations it is their opinion he ought to suffer death. “The Commander in Chief directs the execution of the above sentence in the usual way this afternoon at five o’clock precisely.”

John André was hanged in Tappan New York on October 2, 1780.  He was 31.

M3Y60817

During his nine-month stay in Philadelphia, John André lived in Ben Franklin’s home, while the British army occupied the city. As they were packing to leave, Swiss born Pierre Du Simitiere came to say goodbye. He was shocked to find such a fine Gentleman as André, looting the Franklin residence. The man had always been known for extravagant courtesy, and this was completely out of character. He was packing books, musical instruments, scientific apparatus, and an oil portrait of Franklin, offering no defense or even explanation, in response to Simitiere’s protests.

Portrait of Ben TNLong afterward, in the early 20th century, the descendants of Major-General Lord Charles Grey returned the painting to the United States, indicating that André had probably looted Franklin’s home under orders from General Grey, himself. A Gentleman always, it would explain the man’s inability to defend his own actions. Today, that oil portrait of Benjamin Franklin hangs in the White House.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.

September 28, 48BC Mad Honey

Tales come down from the Civil War, of Union troops getting into hives of mountain honey and becoming sick and disoriented, much like Roman troops some two thousand years earlier.

From sniffing glue to licking toads and huffing gasoline, people have thought of crazy and often dangerously stupid ways, of catching a buzz. Three years ago, CNN reported on a child ingesting a few squirts of hand sanitizer, resulting in slurred speech and an inability to walk straight. What do a dozen broke college kids do on a Saturday night? Buy a bottle of gin, and snort it. In some parts of the world, bees pollinate great fields of rhododendron flowers, resulting in a neurotoxic delicacy known as “Mad Honey”.

The Rhododendron genus contains some 1,024 distinct species ranging from Europe to North America, Japan, Nepal and Turkey and grown at altitudes from sea level to nearly three miles. Many Rhododendron species contain grayanotoxins though, in most regions, concentrations are diluted to trace levels. Some species contain significant levels.

rhododendron ferrugineum

Occasionally, a cold snap in the Appalachian Mountains of the Eastern United States will kill off other flowers while leaving Rhododendrons unaffected, resulting in mad honey. Such circumstances are rare. Mad honey is the most expensive in the world, normally selling for around $166 per pound.

When ingested in small doses, grayanotoxins produce feelings of euphoria and mild hallucinations.   Larger doses have toxic effects,  ranging from nausea and vomiting to dizziness, severe muscular weakness and slow or irregular heartbeat and plummeting blood pressure. Symptoms generally last for three hours or so, but may persist for 24 hours or longer. Ingesting large amounts of the stuff, may result in death.

Today, the toxic effects of over ingesting mad honey are primarily found among middle-age males in Turkey and Nepal, where the stuff is thought to have restorative qualities for a number of sexual dysfunctions.

honey-hunters-andrew-newey-13-740x493

Tales come down from the Civil War, of Union troops getting into hives of mountain honey and becoming sick and disoriented, much like Roman troops some two thousand years earlier.

The Greek historian, soldier and mercenary Xenophon of Athens wrote in 401BC of a Greek army passing through Trebizond in northeastern Turkey, on the way back home. While returning along the shores of the Black Sea, this crew had themselves a feast of honey, stolen from local beehives. For hours afterward, troops suffered from diarrhea and disorientation, no longer able to march or even to stand.

Fortunately, the effects had passed by the following day, before their defeated Persian adversary could learn of their sorry state.  Nearly four hundred years later, Roman troops would not be so lucky.

Gnaeus Pompeius Magnus lived from September 29, 106BC through September 28, 48BC, and usually remembered in English as Pompey the Great.

Following the death of Alexander the Great in 323BC, Alexander’s generals and advisers fell to squabbling over an empire, too big to hold. The period marked the beginning of Hellenistic colonization throughout the Mediterranean and Near East to the Indus River Valley.

Within two hundred years, the Mithradatic Kingdom of Pontus encompassing modern-day Armenia and Turkey, was becoming a threat to Roman hegemony in the east. King Mithradates VI is remembered as one of the most formidable adversaries faced by the Roman Republic, engaging three of the most successful generals of the late Republic in the Mithradatic Wars of the first century.

1_Mad-honey-deadly-hallucinogen

In 67BC, a Roman army led by Pompey the Great was chasing King Mithridates and his Persian army through that same region along the Black Sea. The retreating Persians laid a trap, gathering honey and putting the stuff out in pots, by the side of the road.

Had any on the Roman side brushed up on their Xenophon, the outcome may have become different.  As it was, Roman troops pigged out and could scarcely defend themselves, against the returning Persians.  A thousand or more Romans were slaughtered, with few losses to the other side.  And all of it, for a little taste of honey.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.

September 27, 1943 The Waving Girl of Cockspur Island

Miss Martus would take out her handkerchief by day or light her lantern by night, and she would greet every vessel that came or went from the Port of Savannah.  Every one of them.  Some 50,000 vessels, over 44 years.

Following the War of 1812, President James Madison ordered a series of coastal fortifications built, to protect the young nation from foreign invasion. Fort Pulaski, located on Cockspur Island between Savannah and Tybee Island, Georgia, is one of them.

cockspur-island-lighthouseFlorence Margaret Martus was born there in 1868, where her father worked as an ordnance sergeant. Martus spent her childhood on the south channel of the Savannah River, moving in with her brother, keeper of the Cockspur Island Lighthouse, when she was 17.

Sometime around 1887 while still a young girl, Florence began waving at ships passing in the river.

It started with friends, working the river. Harbor masters, bar pilots and tugboat captains.  She’d use a lantern by night and a white handkerchief by day.

“The waving girl” and her collie soon became familiar figures, greeting every ship that entered or left the port of Savannah.  Sailors would look for her and salute in return. Vessels would blow their horns.  Few ever met her, in person.

Legends grew up around her, over the years. She had fallen in love with a sailor. She wanted him to find her when he returned. He’d been lost at sea.

The bittersweet truth was not quite so dramatic. She later said, “That’s a nice story. But what got me started – I was young and it was sort of lonely on the island for a girl. At first I would run out to wave at my friends passing, and I was so tickled when they blew the whistle back at me“.

ga sv 579So it was that Miss Martus would take out her handkerchief by day or light her lantern by night, and she would greet every vessel that came or went from the Port of Savannah.  Every one of them.  Some 50,000 vessels, over 44 years.

In 1893, Martus and her brother braved hurricane conditions, rowing out to save several men from a sinking boat.  She waved an American flag at the troop ship St. Mihiel after WWI, on its return to Savannah carrying the US Army of the Rhine.

“The Waving Girl” took it upon herself to greet every ship entering or leaving the Port of Savannah, from young womanhood until old age.

She stopped only when she was forced to do so when her brother, then 70, had to leave his lighthouse job and the home that went with it.

Florence_Martus_statue_in_Savannah,_August_2016

All that time she kept a careful record of every ship:  name, date, where it was from and type of vessel.  It must have broken her heart to move, because she burned the entire record.  44-years’ worth. WWII-era reporter Ernie Pyle lamented “The daily record for forty-four years, one of the most legendary figures of the Seven Seas, kept in her own hand, gone up in smoke in two minutes”.

The Waving Girl Statue

Martus never reconciled herself to the move, saying, “It’s just like trying to dig up that big oak tree and get it to take root someplace else.”

The artist Felix de Weldon, who sculpted the United States Marine Corps Memorial outside Arlington National Cemetery, erected a statue of the Waving Girl and her collie. You can see it in Morrell Park, on the west bank of the Savannah River.

b1068a_florence_martus_01_fag

The Waving Girl passed away on February 8, 1943, following a brief bout with bronchial pneumonia.

sav-belles-4-smallThe Southeastern Shipbuilding Corporation of Savannah built 88 Liberty ships during the course of World War II, the light, low-cost cargo ship which came to symbolize the industrial output of the American economy.

One of them was named in her honor. The SS Florence Martus was officially christened on September 27, 1943.

Today, the four vessels of the “Savannah Belles Ferry” fleet ply the waters of the Savannah River, each named for notable women from Savannah history. There is the Juliette Gordon Low, named for the founder of the Girl Scouts of America. Susie King Taylor was born a slave and earned her freedom at age 14, serving as a nurse during the Civil War and later opening one of the first schools in Savannah, for Americans of African ancestry. The Mary Musgrove is named for the native American translator, and indispensable connection between Chief Tomochichi, Mico (Leader) of the Yamacraw and James Oglethorpe, founding father of the city of Savannah.  And the Florence Martus, the Waving Girl of Cockspur Island.

5b51a432fcc34c12a18c0a196a35f3d0

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.

September 26, 1995 Last Skate

There was nothing but potential in that rookie year, but that bright future was never meant to be.

Having come of age in this part of the world, it’s hard to imagine anyone over forty never having been to the old Boston Garden.

Originally built as a boxing venue, “The Garden” was then known as the Boston Madison Square Garden.

President Calvin Coolidge flipped a switch at the White House in November 1928, turning the lights on at the brand new arena.  Three days later, a crowd of 14,000 watched Dorchester native Dick “Honeyboy” Finnegan take the World featherweight championship away from French boxer Andre Routis, in a ten round decision.

From the earliest days, the Boston Garden was the site of political conventions, tennis matches, roller derbies and bike races.  There you could hear the sounds of a Christian revival one night, and a dance marathon the next.

FDR, Winston Churchill and Dwight Eisenhower all delivered speeches from the floor of the Garden.  Legend has it that JFK mapped out his political strategy for the 1960 Presidential election, while watching a Bruins game.

I saw my first big-time rock concert, when Aerosmith played the Garden in 1975.

The Boston Celtics played to 16 championships on the old parquet, along with 19 Conference and 15 Division titles.

boston-garden-t-kolendera
Boston Garden is a painting by T Kolendera

Five times did the Bruins hold Lord Stanley’s Cup aloft on the home ice of the Garden, adding to 19 Eastern Division championships, two Conference championships, and a President’s trophy.

In the end, obstructed seats and a lack of air conditioning spelled the end for the Boston Garden.  On this day in 1995, Cam Neely scored the final goal in a 3-0 victory over the arch rival Montreal Canadiens.  There would be no more.

Many of the Greats of Boston hockey were there that night, to take a final skate around the Bruins’ home ice.   Johnny Bucyk was on-hand, along with Milt Schmidt.  There was Phil Esposito, Ray Bourque and Bobby Orr, and possibly the greatest, though few will remember the name of Normand Léveillé.

032013orr1

A first-round draft pick in 1981, Léveillé scored 33 goals in his first 60 games with the Bruins.  There was nothing but potential in that rookie year, but that bright future was never meant to be.

On October 23, 1982, Boston was playing the Canucks in the ninth game of his second season.  Léveillé complained of feeling dizzy, and lost consciousness during trainers’ examination .  An aneurysm had burst inside of his head.  The delicate filaments of his brain were being torn apart, as a spider’s web is destroyed by a garden hose.

Emergency brain surgery was followed by three weeks in a coma.  At 19, Normand Léveillé would never play hockey again.  He was lucky to be alive.

boston-garden-finalBound to a wheelchair after thirteen years and barely able to stand without aid of a walker, Normand Léveillé came back to the Garden twenty-three years ago tonight, to skate there one last time.

Let sports reporter Brent Conklin finish this story:

“For the final skate, an ecstatic Léveillé held his cane in front of him, while Bourque, facing Léveillé, pulled him around the ice; the crowd clamored in approval as eyes throughout the Garden filled up with tears.

Léveillé’s girlfriend, Lucie Legare, said at the end of the ceremony: “He said the biggest emotion wasn’t to put on the (Bruins) sweater again, but to have his fellow men there, caring. I cried. It’s just too much.”

“It was the highlight of the day,” Orr said.

Thus ends a long chapter in the history of sports. And although the luxurious Fleet Center becomes the center of attention on Oct. 7 — when the Bruins open their season versus the New York Islanders — to the very last second of the post-game ceremony, memories were still being made and dreams realized at rickety old Boston Garden”.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.

September 25, 1789  Bill of Rights

Today the American system is often described as “democracy”, but such a description is in error.  Four wolves and a lamb voting on what to have for dinner, is a democracy.  The genius of the founders can be demonstrated in a system which protects the rights of All its citizens, including that individual.  The proverbial lamb.

The Founding Fathers ratified the United States Constitution on June 21, 1788.  In so doing, our forebears bestowed on generations yet unborn, a governing system unique in all history.  A system of diffuse authority, of checks and balances, and authority delegated but Never relinquished, by a sovereign electorate.

Today the American system is often described as “democracy”, but such a description is in error.  Four wolves and a lamb voting on what to have for dinner, is a democracy.  The genius of the founders can be demonstrated in a system which protects the rights of All its citizens, including that individual.  The proverbial lamb. The specifics are enumerated in our bill of rights, twelve amendments adopted by the first Congress on this day in 1789, and sent to the states for ratification.

bill-of-rightsEven at the Constitutional Convention, delegates expressed concerns about the larger, more populous states holding sway, at the expense of the smaller states. The “Connecticut Compromise” solved the problem, creating a bicameral legislature with proportional representation in the lower house (House of Representatives) and equal representation of the states themselves in the upper house (Senate).

The 62nd Congress proposed a Constitutional amendment in 1912, negating the intent of the founders and proposing that Senators be chosen by popular election.  The measure was adopted the following year, the seventeenth amendment having been ratified by ¾ of the states.  Since that time, it’s difficult to understand what the United States Senate even is,  an institution neither democratic nor republican.  But I digress.

Five states: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, ratified the document in quick succession. Some states objected to the new Constitution, especially Massachusetts, which wanted more protection for basic political rights such as freedom of speech, religion, and of the press. These wanted the document to specify, that those powers left un-delegated to the Federal government, were reserved to the states.

sherman-ellsworthA compromise was reached in February, 1788 whereby Massachusetts and other states would ratify the document, with the assurance that such amendments would immediately be put up for consideration.

With these assurances, Massachusetts ratified the Constitution by a two-vote margin, followed by Maryland and South Carolina. New Hampshire became the ninth state on June 21. The new Constitutional Government would take effect on March 4 of the following year.

Amendments 2-12 were adopted on December 15, 1791, becoming the “Bill of Rights”.

It’s interesting to note the priorities of that first Congress, as expressed in their original 1st and 2nd amendments.  As proposed to the 1st Congress, the original 1st amendment dictated apportionment of representation. It was ratified by only 11 states, and technically remained pending. Had the states ratified that original first amendment, we would now have a Congress of at least 6,345 members, instead of the 535 we currently have.

The original 2nd amendment was an article related to Congressional compensation, that no future Congress could change their own salaries.   The measure would in fact, pass, becoming the 27th amendment in 1992.  Following a ratification period of 202 years, 7 months, and 10 days.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.

September 24, 1789 Supreme Court

From “Separate but Equal” to the “rights” of terrorists, SCOTUS’ rulings are final, inviolate, and sometimes imbecilic.

Article III of the United States Constitution establishes the Supreme Court of the United States (SCOTUS), and “such inferior Courts as the Congress may from time to time ordain and establish”.

There is no mention of the number of justices. The first Congress passed the Federal Judiciary Act on September 24, 1789, specifying a six-justice Supreme Court.

Twelve years later, the presidency of John Adams was coming to an end. As a Federalist, Adams wanted nothing more than to stymie the incoming administration of Democratic-Republican Thomas Jefferson. Toward that end, Adams appointed the infamous “midnight judges” in the last hours of his administration: 16 Federalist Circuit Court judges and 42 Federalist Justices of the Peace.

The incoming Jefferson administration sought to block the appointments. Jefferson ordered then-Secretary of State James Madison to hold those commissions as yet undelivered, thus invalidating the appointments. One of the appointees, William Marbury, took the matter to Court.

The case advanced all the way to the Supreme Court, which ruled in Marbury v. Madison that the provision of the Judiciary Act enabling Marbury to bring his claim, was unconstitutional.  Marbury lost his case, but the principle of judicial review, the idea that the court could preside Godlike, over laws passed by their co-equal branch of government, has been the law of the land, ever since.

marbury-v-madison

In the early days of the Great Depression, Federal agricultural officials conceived the hare brained idea that artificially introducing scarcity would increase prices, and therefore wages, in the agricultural sector. Six million hogs were destroyed in 1933. Not harvested, just destroyed and thrown away. 470,000 cattle were shot in Nebraska alone. Vast quantities of milk were poured down sewers, all at a time of national depression, when malnutrition was widespread.

With the Agricultural Adjustment Act of 1938, Washington began to impose production quotas on the nation’s farmers. Ohio farmer Roscoe Filburne was ordered to grow 223 bushels of wheat in the 1941 season. Filburne grew 462.

Article 1, Section 8 of the Constitution permits Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. That is all but, on this flimsy basis, the Federal Government took Roscoe Filburne to court.

The farmer argued that the “surplus” stayed on his farm, feeding his family and his chickens. Lower Courts sided with Filburne. The government appealed all the way to the Supreme Court, arguing that, by withholding his surplus, Filburne was effecting interstate market conditions, thereby putting him under federal government jurisdiction.

ht_roscoe_filburn_nt_120130_wmain

Intimidated by the Roosevelt administration’s aggressive and illegal “court packing scheme“, SCOTUS decided the Wickard v. Filburne case, against the farmer. Ever since, what you don’t do can be held against you in a court of law. Get it? Neither do I.

Over time, SCOTUS has proven itself to be as imperfect as any other institution. There have only been 17 Chief Justices and 101 Associate Justices in the entire history of the court. Five Chiefs having previously sat as Associate Justices, there are only 113 in all.  Should Brett Kavanaugh be confirmed, he would be #114.

Some among those 113 have been magnificent human beings, and some of them cranks. There have been instances of diminished capacity ranging from confusion to outright insanity. One justice spent part of his term in a debtor’s prison. Another killed a man. There have been open racists and anti-Semites.

There is no official portrait of the 1924 court because Justice James C. McReynolds wouldn’t stand next to Louis Brandeis, the court’s first Jewish Justice. One Justice was known to chase flight attendants around his quarters, while another spent his time in chambers, watching soap operas.

There’s the former Klan lawyer turned Justice who took a single phrase, “separation of church and state”, from a private letter of Thomas Jefferson, and turned the constitutional freedom OF religion into an entirely made up freedom FROM religion.

Separation-of-Church-and-State

The Supreme Court reinforced chattel slavery with the Dred Scott decision. The Korematsu ruling gave us the forced incarceration of Americans of Japanese descent. Buck v. Bell gave Americans the “gift” of forced sterilization, and Stenberg v. Carhartt enshrined the constitutional “right” to the hideous and detestable “procedure” known as partial birth abortion. From “Separate but Equal” to the “rights” of terrorists, SCOTUS’ rulings are final, inviolate, and sometimes imbecilic.

Chief Justice John Roberts, who once said “remember that it’s my job to call balls and strikes, and not to pitch or bat,” invented a whole new definition of taxation, enshrining the “Affordable Care Act” as the law of the land.

The framers gave us a Constitutional Republic with co-equal branches of government, with power diffused and limited by a comprehensive set of checks and balances.

They gave us two distinct means to amend that Constitution, should circumstances require it.

Traditionally, Congress proposes amendments, submitting them to the states for ratification. The problem is that many believe Congress itself to be part of the problem, and a broken institution is unlikely to fix itself.

Article V gives us a way to amend the constitution, if we would take it. Instead of Congress proposing amendments, an Article V convention of state legislatures would propose amendments, to take effect only if ratified by a super majority of states. We could start with an amendment permitting 2/3rds of the People’s representatives in Congress, to overturn a SCOTUS decision. Then we could term limit these people.

article-5

Unless, that is, you believe it’s fine for the Federal Government to prohibit a farmer from growing wheat for his own use, that one man in a black robe can force you to buy a product you don’t want and call it a “tax”, or you believe that “established by the state” means by the state or federal government, at the sole discretion of the man who says, “I’m from the Government. I’m here to help”.

If you enjoyed this “Today in History”, please feel free to re-blog, “like” & share on social media, so that others may find and enjoy it as well. Please click the “follow” button on the right, to receive email updates on new articles.  Thank you for your interest, in the history we all share.