August 22, 1992 Ruby Ridge

“The nine most terrifying words in the English language are: I’m from the government and I’m here to help”. – Ronald Reagan

Randall Claude “Randy” Weaver came into the world in 1948, one of four children born to Claude and Wilma Weaver, a farming couple from Villisca, Iowa. Deeply religious people, the Weavers moved among several Evangelical, Presbyterian, and Baptist churches, in search of a spiritual ‘home’ to fit with their faith.

Weaver dropped out of community college at age 20 and enlisted in the Army, stationed at Fort Bragg and serving three years before earning an honorable discharge.

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A month after leaving the Army, Weaver married Victoria Jordison and soon enrolled at the University of Northern Iowa to study criminal justice. At the time, Weaver wanted to become an FBI agent, but the high cost of tuition put an end to that. Randy found work at a local John Deere factory while “Vicki” became first a secretary and later a homemaker, as the Weaver family grew.

Over time, the couple came to hold increasingly fundamentalist views, all the while becoming more and more distrustful of the government. Vicki came to believe that the Apocalypse, was imminent.  The answer to the family’s survival lay in moving ‘off the grid’ and away from ‘corrupt civilization’.

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In the early 1980s, the couple paid $5,000 cash plus a moving truck for a piece of property, and built a cabin on the remote Ruby Ridge in the north of Idaho.

In 1984, Randy Weaver had a falling out with neighboring Terry Kinnison, over a $3,000 land deal. Kinnison lost the ensuing lawsuit and was ordered to pay Weaver an additional $2,100 in court costs and damages. Kinnison took his vengeance in letters written to the FBI, Secret Service, and county sheriff, claiming that Weaver had threatened to kill Pope John Paul II, President Ronald Reagan, and Idaho governor John Evans.

Randy and Vicki Weaver were interviewed by FBI as well as Secret Service agents, and the County sheriff. Investigators were told that Weaver was a member of the white supremacist Aryan Nation and that he had a large gun collection in his cabin. Weaver denied the allegations, and no charges were filed.

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Sarah and Samuel on family property

There was no small amount of paranoia and mutual mistrust, in what came next. The Weavers filed an affidavit in 1985, claiming their enemies were plotting to provoke the FBI into killing them. The couple wrote a letter to President Reagan, claiming a threatening letter may have been sent to him, over a forged signature. No such letter ever materialized but, seven years later, prosecutors would cite the 1985 note as evidence of a Weaver family conspiracy against the government.

White supremacist Frank Kumnick was a member of the Aryan Nations, and target of an investigation by the federal bureau of Alcohol, Tobacco and Firearms. Weaver attended his first meeting of the World Aryan Congress in 1986 where he met a confidential ATF informant, posing as a firearms dealer. In 1989, Weaver invited the informant to his home, to discuss forming a group to fight the “ZOG”, the “Zionist Occupation Government” of anti-Semitic and paranoid conspiracy theory.

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ATF charged Weaver that same year, with selling its informant two sawed-off shotguns. The government offered to drop the charges in exchange for Weaver’s becoming an informant. Weaver declined, and ATF filed illegal weapons indictments, claiming the subject was a bank robber, with an extensive criminal record. Subsequent United States Senate investigation revealed that Weaver had no such criminal convictions, but Weaver was ensnared, by a  government bureaucracy as unreasoningly suspicious, as himself.

Trial was set for February 20, 1991 and subsequently moved to February 21, due to a federal holiday. Weaver’s parole officer sent him a letter, erroneously stating that the new date was March 20. A bench warrant was issued when Weaver failed to show in court, for the February date.

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Randy Weaver was now a “Fugitive from Justice”.

The U.S. Marshals Service agreed to put off execution of the warrant until after the March 20 date, but the U.S. Attorney’s Office called a grand jury, a week earlier. It’s been said that a grand jury could indict a ham sandwich and the adage proved true, particularly when the prosecution failed to reveal parole officer Richins’ letter, with the March 20 date.

The episode fed into the worst preconceptions, of both sides. Marshalls developed a “Threat Profile” on the Weaver family and an operational plan: “Operation Northern Exposure”. Weaver, more distrustful than ever, was convinced that if he lost at trial, the government would seize his land and take his four children leaving Vicki, homeless.

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Surveillance photos of Weavers with guns, on their own property

Marshalls attempted to negotiate over the following months, but Weaver refused to come out. Several people used as go-betweens, proved to be even more radical than the Weavers themselves. In a rare show of reason under the circumstances, Deputy Marshal Dave Hunt asked Bill Grider: “Why shouldn’t I just go up there … and talk to him?” Grider replied, “Let me put it to you this way. If I was sitting on my property and somebody with a gun comes to do me harm, then I’ll probably shoot him.”

On April 18, 1992, a helicopter carrying media figure Geraldo Rivera for the Now It Can Be Told television program was allegedly fired on, from the Weaver residence. Surveillance cameras then being installed by US Marshalls showed no such shots fired and Pilot Richard Weiss, denied the story.  Even so, a lie gets around the world, before the truth can get its pants on. (Hat tip, Winston Churchill, for that bit of wisdom). The ‘shots fired narrative’ now became a media feeding frenzy. The federal government drew up ‘rules of engagement’.

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US Marshall Recon Team photo of Vicki Weaver, taken August 21, 1992

On August 21, a six-man armed Recon team arrived to scout the property, for a suitable spot to ambush and arrest Randy Weaver. Deputy Art Roderick threw rocks at the cabin to see how the dogs would react. The cabin was at this time out of meat and, thinking the dog’s reaction may have been provoked by a game animal, Randy, a friend named Kevin Harris and Weaver’s 14-year-old son Samuel came out with rifles, to investigate. Vicki, Rachel, Sarah and baby Elisheba, remained in the cabin.

Marshalls retreated to a place out of sight of the cabin, while “Sammy” and Harris followed the dog ‘Striker’ into the woods. Later accounts disagree on who fired first but a firefight erupted, between Sammy, Harris, and the Marshall’s team. When it was over, the boy, the dog and Deputy US Marshall William “Billy” Degan, lay dead.

The standoff now spun out of control, with National Guard Armored personnel carriers, SWAT, State Police and FBI Hostage Rescue Teams, complete with snipers.

On August 22, Harris, Weaver and sixteen-year old daughter Sarah were entering a shed to visit the body of Weaver’s dead son, when FBI sniper Lon Horiuchi fired from a position some 200 yards distant. The bullet tore into Weaver’s back and out his armpit. The three raced back to the cabin. Horiuchi’s second round entered the door as Harris dove for the opening, injuring him in the chest before striking Vicki in the face as she held baby Elisheba, in her arms.

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Protesters were quick to form at the base of Ruby Ridge

Two days later, FBI Deputy Assistant Director Danny Coulson wrote the following memorandum, unaware that Vicki Weaver lay dead:

Something to Consider
1. Charge against Weaver is Bull Shit.
2. No one saw Weaver do any shooting.
3. Vicki has no charges against her.
4. Weaver’s defense. He ran down the hill to see what dog was barking at. Some guys in camys shot his dog. Started shooting at him. Killed his son. Harris did the shooting [of Degan]. He [Weaver] is in pretty strong legal position.”

The siege of Ruby Ridge dragged on for ten days. Kevin Harris was brought out on a stretcher on August 30, along with Vicki’s body. Randy Weaver emerged the following day. Subsequent trials acquitted Harris of all wrongdoing and Weaver of all but his failure to appear in court, for which he received four months and a $10,000 fine.

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Randy Weaver, mugshot

Questions persist about the government’s ham-fisted approach at Ruby Ridge, and intensified after the Branch Davidian conflagration six months later in Waco Texas, involving many of the same agencies and federal officials.

In 1995, two reprobates carried out their own act of “revenge” on the government, blowing up a federal office building in Oklahoma City and killing 168 innocent people, injuring 680 others.  Nineteen of the dead, were children.

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Subsequent Senate hearings criticized Ruby Ridge “rules of engagement” as unconstitutional, the use of deadly force unwarranted, under the circumstances.  Kevin Harris was awarded $380,000 damages for pain and suffering.  Weaver was awarded $100,000 and his three daughters, $1 million each.

FBI sniper Lon Horiuchi was indicted for manslaughter in 1997, charges later dismissed on grounds of sovereign immunity.

Deadly force procedures were brought about, intending to bring the government into line with Supreme Court precedent resulting in a kinder, gentler federal law enforcement apparatus.  That was the idea. 

You might want to ask Elian Gonzalez, how that worked out.

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July 30, 1916 Sabotage

[B]etween 1915 and spring 1917, 43 American factories suffered explosions or fires of mysterious origin, in addition to the bombs set on some four dozen ships carrying war supplies to the Allies”

In the early months of the Great War, Britain’s Royal Navy swept the high seas of the Kaiser’s surface ships and blockaded ports in Germany. The United States was neutral at this time, when over a hundred German ships sought refuge in American harbors.

The blockade made it impossible for the Central Powers of Germany and Austria-Hungary to import war materiel from overseas while Great Britain, France, and Russia continued to buy products from US farms and factories. American businessmen were happy to sell to any foreign customer who had the cash but, for all intents and purposes, such trade was limited to the allies.

British-blockadeTo the Central Powers, such trade had the sole purpose of killing their boys, fighting for the Fatherland on the battlefields of Europe.

The first and most overt reaction from the Kaiser came in the form of unrestrained submarine warfare, when even vessels flying the flags of neutral nations came under attack. Less apparent at that time was the covert campaign of sabotage carried out by German, agents on US soil.

“Black Tom” was originally an island in New York Harbor, next to Liberty Island. So called after a former resident, by WWI, landfill had expanded the island to become part of Jersey City. The area contained a mile-long pier with warehouses and rail lines operated by the Lehigh Valley Railroad, and served as a major hub in the trade of war materiel to the allies.

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Black Tom Island, 1880

On July 30, 1916, the Black Tom terminal had over two million pounds of small arms and artillery ammunition in freight cars, and one hundred thousand pounds of TNT on a nearby Barge.

In the small hours of the morning, around 2:00am, guards discovered a series of small fires. Some tried to put them out while others fled, fearing an explosion. The first and loudest blast took place at 2:08am, a detonation so massive as to be estimated at 5.5, on the Richter scale. People were awakened from Maryland to Connecticut in what many thought was an earthquake. The Brooklyn Bridge shook. The walls of Jersey City’s municipal building were cracked as shrapnel flew through the air. Windows broke as far as 25 miles away, while fragments embedded themselves in the clock tower at the Jersey Journal building in Journal Square, over a mile away. The clock stopped at 2:12 am.

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Firefighters were unable to fight the fires until the bullets and shrapnel stopped flying. Photo: Wikimedia Commons

Stained Glass windows were shattered at St. Patrick’s Church, and Ellis Island was evacuated to Manhattan. Damage to the skirt and torch carried by the Statue of Liberty alone, came to over $2¼ million in 2017 dollars. To this day the ladder to “Lady Liberty’s” torch remains off limits, to visitors.

The enormous vaulted ceiling of Ellis Island’s main hall, collapsed.  According to one Park officer, damage to the Ellis Island complex came to $500,000 “half the one million dollars it cost the government to build the facility.”

Wrecked_warehouses_and_scattered_debris_after_the_Black_Tom_Explosion,_1916Known fatalities in the explosion included a Jersey City police officer, a Lehigh Valley Railroad Chief of Police, a ten week old infant, and the barge captain.

The explosion at Black Tom nearly brought the US into the war against Germany, but that would wait for the resumption of unrestricted submarine warfare. That, and a telegram from German Secretary for Foreign Affairs Arthur Zimmermann, promising US territories to Mexico, in exchange for a declaration of war against the US.

Black Tom was the most spectacular, but by no means the only such act of sabotage. The archive at cia.gov states that “[B]etween 1915 and spring 1917, 43 American factories suffered explosions or fires of mysterious origin, in addition to the bombs set on some four dozen ships carrying war supplies to the Allies”.

Responsibility for the Black Tom explosion was never proven, conclusively. Early suspicions centered on accidental causes. Legal wrangling would climb the judicial ladder all the way to the United States Supreme Court and continue well into the second World War. Anna Rushnak, an elderly Czech immigrant who ran a four-bits-a-night boarding house in Bayonne was thrown from her bed by the explosion, to find then-23-year-old Michael Kristoff sitting on the edge of his bed, mumbling “What I do? What I do?”

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Lehigh Valley Railroad pier, after the explosion

Kristoff, a Slovakian subject of the Austro-Hungarian Empire, Germany’s principle ally in World War 1, was arrested by Bayonne Police, interrogated, and judged to be “insane but harmless.”

In 1922, the Lehigh Valley Railroad was buried in lawsuits, and looking to fix blame on a German act of sabotage. Located in an Albany jail where he was serving time for theft Kristoff came to the judicial spotlight, once again. He admitted working for the Germans “for a few weeks” back in 1916, but was released before the claim could be investigated. Kristoff was finally traced to a pauper’s grave in 1928 and there ends his story, yet that ‘insane but harmless’ label remains open to question. Papers carried on the body exhumed from that potter’s field were indeed those of Michael Kristoff, but the dental records, didn’t match.

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“German Master Spy Franz Von Rintelen and his “pencil bomb” were responsible for acts of sabotage in the United States during World War I”. H/T Smithsonian

Meanwhile, suspicion fell on the German-born naturalized citizen Kurt Jahnke who ran sabotage operations for the German Admiralty out of bases in San Francisco and Mexico City with his assistant, Imperial German Navy Lieutenant Lothar Witzke. Witzke was arrested on February 1, 1918 in Nogales, Arizona and convicted by court martial. He was sentenced to death, though the war was over before sentence could be carried out. President Wilson later commuted the sentence, to life.

By 1923, most nations were releasing POWs from the “Great War”, including spies. A report from Leavenworth prison shows Witzke heroically risking his life, entering a boiler room after an explosion and probably averting disaster. It may be on that basis that he was finally released. Lieutenant Lothar Witzke was pardoned by President Calvin Coolidge on November 22, 1923 and deported to Berlin, where a grateful nation awarded him the Iron Cross, 1st and 2nd Class.

The U.S.–German Peace Treaty of 1921 established the German-American Mixed Claims Commission, which declared in 1939 that Imperial Germany had, in fact been responsible and awarded a judgement of $50 million.  The Nazi government refused to pay and the matter was finally settled in 1953, with a judgement of $95 million (including interest) against the Federal Republic of Germany. The final payment was made in 1979.

Shrapnel damage may be see to this day, on the statue of Liberty

The Black Tom explosion and related acts of pro-German espionage resulted in the Federal Espionage Act signed into law in June 1917, creating, among its other provisions, a “Bureau of Investigation” under the United States Department of Justice. 

Nothing remains today of the Black Tom terminal or the largest foreign terrorist attack on American soil until 9/11, save for a plaque, as seen in the photograph below.  That, and a new law enforcement bureaucracy, called the FBI.

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View of the Statue of Liberty from the site of the Black Tom explosion

May 25, 1738 Mason Dixon Line

The problem with King Charles II’s land grant to William Penn is that it overlapped with that of his father King Charles I, to Lord Baltimore.

Agree or disagree with US government policy, that’s your business, but what we do in this country, we do as a nation. It would seem absurd to us to see the President raise an army to go to war with the Congress, and yet that’s just what happened in 17th century England.

The period 1639-’51 saw a series of intertwined conflicts within and between the three kingdoms, including the Bishops’ Wars of 1639 and ’40, the Scottish Civil War of 1644–’45; the Irish Rebellion of 1641, Confederate Ireland, 1642–’49 and the Cromwellian conquest of Ireland in 1649, collectively known as the Eleven Years War or Irish Confederate Wars and finally, the first, second and third English Civil Wars.

An officer in the British Royal Navy, William Penn served on the side of the Parliament during the first English Civil War of 1642-46′, a conflict which would lead to the execution of the King himself, in 1649. England and Wales came to be governed as a Commonwealth under “Lord Protector” Oliver Cromwell, later followed by Ireland and Scotland.

The experiment proved to be a failure, the interregnum lasting 11 years. In 1660, the dead King’s son was invited to rule as Charles II, King of Scotland, England and Ireland.

One might think an officer’s support of the Parliament would have cost him his head, but William Penn had a gift for landing on his feet. When he died in 1670, King Charles II owed the man money.

Penn’s son, also named William, was a dedicated pacifist, and a Quaker. The younger Penn had utopian ideas he wanted to try out, in the new world. Thus the Charter of 1681 came to be, granting a slice of the forested lands of North America in exchange for money, owed to Penn’s late father. That land came to be called “Penn’s Woods” or, in Latin, Pennsylvania.

It’s why so many Philadelphia streets, are named after trees.

Pennsylvania Charter of 1681, page 1 of 4.

The King’s Charter specified a southern boundary for the new colony to begin at “A circle drawne at twelve miles distance from New Castle Northward and Westward unto the beginning of the fortieth degree of Northern Latitude, and then by a streight Line Westward“.

The problem comes about when you realize that 40° north latitude is north of Philadelphia. Well into territory granted to Lord Baltimore by King Charles I and controlled by Maryland and Delaware.

What is this “Pennsylvania” of which you speak?

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The Maryland colony insisted on the boundary as drawn by Charles II’s Charter, while Pennsylvania proposed a boundary near 39°36′, creating a disputed zone of some 28 miles.

In 1726, Quaker minister John Wright began a ferry service across the Susquehanna River. Starting as a pair of dugout canoes, “Pennsylvania Dutch” farmers were soon settling the Conejohela Valley on the eastern border between Maryland and Pennsylvania.

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Business was good.  By 1730, Wright had applied for a ferry license. With Lord Baltimore fearing a loss of control in the area (read – taxes), Maryland resident Thomas Cresap established a second ferry service up the river. Maryland granted Cresap some 500 acres along the west bank, serenely unconcerned that much of the area was already inhabited by Pennsylvania farmers.

Cresap went to these farmers to collect “quit-rents”, an early form of property tax, for the government in Maryland. Pennsylvania authorities responded by issuing “tickets” to settlers which, while not granting immediate title, amounted to an “IOU” of title under Pennsylvania jurisdiction.

Then came the day when Cresap and his ferry worker were thrown overboard by two Pennsylvanian farmers, probably over a debt. Cresap took the matter to Pennsylvania authorities for justice. The magistrate informed the plaintiff he couldn’t expect justice in his court because he was a “liver in Maryland”. Incensed, Cresap then filed charges with Maryland authorities claiming that, as a Maryland resident, he was no longer bound by Pennsylvania law.

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Cresap and his allies began to confiscate York and Lancaster county properties as early as 1734, handing them over to his supporters. Maryland militia crossed colonial borders twice in 1736, and Pennsylvania militia were quick to respond.

CLancaster county Sheriff arrived with a posse to arrest Cresap at his home, when Cresap fired through the door, mortally wounding deputy Knowles Daunt.

When Daunt died, Pennsylvania Governor Patrick Gordon demanded that Maryland arrest Cresap for murder. Samuel Ogle, Governor of Maryland, responded by naming Cresap a captain in the Maryland militia.

Cresap resumed and expanded his raids, destroying barns and shooting livestock. Sheriff Samuel Smith raised a posse to arrest him in November. When the Pennsylvanians set his cabin on fire, Cresap ran for the river. Grabbing him before he could launch a boat, Cresap shoved one of them overboard, shouting, “Cresap’s getting away!”, whereupon the other deputies proceeded to pound their colleague with oars until one of them discovered the ruse.

Cresap was taken to Lancaster, where he decked the blacksmith who had come to put him in shackles. He was finally subdued and hauled off to Philadelphia in chains, but even then the man was anything but broken. “Damn it”, he said, looking around, “this is one of the prettiest towns in Maryland!”

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Maryland authorities petitioned George II, King of Great Britain and Ireland, imploring the King to restore order among his loyal subjects. King George’s proclamation of August 18, 1737 instructed the governments of both colonies to cease hostilities.

When that failed to stop the fighting, the Crown organized direct negotiations between the two. Peace was signed in London on May 25, 1738, the agreement providing for an exchange of prisoners and a provisional boundary to be drawn fifteen miles south of the southernmost home in Philadelphia and mandating that neither Maryland nor Pennsylvania “permit or suffer any Tumults Riots or other Outragious Disorders to be committed on the Borders of their respective Provinces.”

So ended the “Conojocular War”, the bloody eight-year conflict between Philadelphia and surrounding area and sometimes referred to as “Cresap’s War”.

In 1767, descendants of the Penns and Calverts hired surveyors Charles Mason and Jeremiah Dixon to establish a boundary. That original line extended westward, becoming the demarcation between northern “free” states, and Southern “slave” states. The Mason-Dixon line came to renewed prominence during the Missouri Compromise period of 1820 and again, during the Civil War. The Virginia border originally made up part of the line and thus the northern boundary of the Confederacy, until West Virginia seceded to rejoin the union.

Today, the Mason-Dixon line is more of a loose separation, delineating the culture and politics of the South, from those of the North. The area of Cresap’s original conflict is now part of York County, Pennsylvania.

Afterward

During the French & Indian Wars of the 1750s, Thomas Cresap and a party of 100 pursued an Indian war band over the modern-day Savage Mountain and onto the next ridge. Along with the party marched a free black man, a frontiersman known only as “Nemesis”. A fierce fight ensued on May 28, 1756.  Nemesis, described as “large and powerfully built”, fought bravely, but lost his life.

The painting “Shades of Death” by artist Lee Teter, depicts Colonel Thomas Cresap comforting the mortally wounded, heroic frontiersman.

He was buried on the site, the story goes, where Cresap named the mountain in his honor. “Negro Mountain”, the long ridge of the Allegheny Mountains stretching from Deep Creek Lake in Maryland north to the Casselman River in Pennsylvania, stands to this day as his monument. 

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Eventually, someone took offense at the name. Rosita Youngblood, a Philadelphia politician of African ancestry, said in 2007: “Through a school project, my son and granddaughter first informed me of the name of this range and I found it to be disparaging that we have one of our great works of nature named as such… I find it disheartening for tourists who visit this range to see the plaque with the name Negro Mountain displayed on the mountainside.”

Professor Christopher Bracey is a law professor and associate professor of African and African-American studies at Washington University. Bracey also descends from African ancestors. He contends that: “I must confess I have a slightly different take on it than [Youngblood]… Here we have a mountain, whose name was intended to be a testament to Negro bravery. It seems rather crass and unsophisticated to name it Negro Mountain, but the intentions were strong.”

Measures to rename Negro Mountain and Polish Mountain alike were voted down in the Maryland state senate. As of this writing, road signs have been removed by the Maryland State Highway Administration, citing concerns over “racial sensitivity”.

February 1, 1790 A Republic, if you can Keep it

Good judgement it’s been said, comes from experience. And experience? That comes from bad judgement.

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. That same day President George Washington appointed John Jay of New York as chief justice along with associate justices John Rutledge of South Carolina, William Cushing of Massachusetts, John Blair of Virginia, Robert Harrison of Maryland and James Wilson of Pennsylvania.

Two days later the Senate confirmed all six. The Supreme Court of the United States sat for the first time in the Royal Exchange Building on New York City’s Broad Street on February 1, 1790.

Twelve years later, the presidency of John Adams was coming to an end. As a Federalist, Adams was pleased to throw a speed bump in the path of incoming Democratic-Republican, Thomas Jefferson. To 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 appointee, William Marbury, sued.

The case advanced all the way to the Supreme Court which ruled in Marbury v. Madison, 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 would preside God-like over laws passed by their co-equal branch, remains the law of the land from that day to this.

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Over time, SCOTUS has proven itself to be as imperfect as any other institution.

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 burned or plowed into the ground. 470,000 cattle were shot in Nebraska alone. Vast quantities of milk were poured down sewers, all at a time of national depression and widespread malnutrition.

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 during the 1941 season. He grew 462.

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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’s it but, on this flimsy basis, the Federal Government took Roscoe Filburne to court.

The farmer argued the federal government had nothing to say as any “surplus” stayed on his farm, feeding the Filburne family and their chickens. Lower Courts sided with the farmer. The government appealed all the way to the Supreme Court arguing that, by withholding his surplus from the market, Filburne was effecting interstate market conditions, thereby putting him under federal government jurisdiction.

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

Kelo v. City of New London ruled one private party’s judicial theft of another’s was a valid use of the takings clause. Two dozen Connecticut families were evicted and forced out of their homes. Their houses were bulldozed, neatly kept yards overgrown with weeds and left a dumping ground and home, for feral cats. Small matter to those homeowners the proposed “redevelopment” of their neighborhood, never happened.

In the entire history of the court there have only been 115 justices. 

Some among those 115 have been magnificent human beings. Some of them were 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 from a private letter of Thomas Jefferson, “separation of church and state”, and transformed the constitutional freedom OF religion into an entirely made up freedom FROM religion.

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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 unthinkable “procedure” known as partial birth abortion. Hammer v. Dagenhart supported the practice of children, put to work in the nation’s mines and factories.

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

Chief Justice John Roberts once said “remember that it’s my job to call balls and strikes, and not to pitch or bat.”

He who invented a new definition of taxation enshrining the “Affordable Care Act” as the law of the land.

The constitution invests state legislatures with sole authority to determine state voting regulations. Yet recently, we had election officials and state courts changing key states’ voting rules while SCOTUS declined to intervene. Is there any wonder why half a nation questions the validity of that election?

Just don’t say it out loud or you’ll be de-platformed, or worse.

Today a man barely a week in office convenes a commission to recommend Supreme Court “reforms”, up to and including exhuming Roosevelt’s court packing scheme. It’s not hard to guess how that will turn out. Because it never really was about transparency, fairness or even democracy, was it. Just the raw exercise of power.

January 15, 1987 An Innocent Man

Wrongful convictions happen for many reasons. Prosecutors hide evidence. Incompetent defense counsel. Mistaken identity and ulterior motives, on the part of witnesses.

Were there a catalog of lies, there may be none more egregious than the false accusation.  No matter how he tries, the victim of such a falsehood will never prove a negative.

Wrongful convictions happen for many reasons. Prosecutors hide evidence. Incompetent defense counsel. Mistaken identity and ulterior motives, on the part of witnesses.

Interior views of traditional prison

Accurate numbers are all but impossible to determine, but we can make an educated guess. A study conducted by Ohio State University surveyed 188 judges, prosecutors, public defenders, sheriffs and police chiefs. The survey found that 75% of respondents believed that more than zero and less than 1 percent of convictions, were unjust. Taking the middle number of .5 percent and a rough estimate of 195,000 convictions per year works out to 9,750 wrongful convictions. Every year. (H/T Housley Law blog for these statistics, which states there have been 1,962 exonerations nationwide, since 1989).

Feel free to make any assumptions you like concerning these numbers but one thing is sure. To assume there are no wrongful convictions is to believe that government does everything right, all of the time.

Graduating from Allegheny College in 1961, Robert Budd Dwyer set his sights on elective office.  The future looked bright.

First elected State Rep in 1964, the Pennsylvania Republican ran successfully for state Senate in 1970 and then for state-wide office, elected Treasurer, in 1980.

In 1986, Pennsylvania officials discovered that state employees had overpaid millions in FICA taxes, due to errors in state withholding. Several accounting firms bid for the contract to determine, how much compensation was due each employee. The contract was awarded to California based Computer Technology Associates (CTA), owned by Harrisburg native, John Torquato Jr.

Governor Dick Thornburg received an anonymous memo a few weeks later, alleging bribery in the award of the CTA contract. R. Budd Dwyer was named as one of the people receiving kickbacks in the deal along with Republican committee member Bob Asher, and CTA attorney William ‘Bill’ Smith.

Anonymous accusations are such a cowardly tactic.

No money ever changed hands. The CTA contract was canceled two months after it was signed. Even so, prosecutors pushed the case for everything it was worth.

Most criminal cases end in plea deals, and not in trials. Smith pleaded guilty to offering Dwyer and Asher $300,000 in bribes and received a reduced sentence. Torquato also pleaded guilty and received a sentence, of 4 years. Adamantly proclaiming his innocence, Budd Dwyer refused a plea deal: a guilty plea on one count and a sentence, of five years. Dwyer was adamant, and demanded a trial. “I absolutely did nothing wrong”.

On December 18, 1986, Budd Dwyer was found guilty. Conspiracy, mail fraud, perjury and interstate transportation in aid of racketeering. Eleven counts.

Judge Malcolm Muir hinted at a sentence, of 55 years. Many believe the man wanted to make an example, of Budd Dwyer. Sentencing was scheduled for January 23, 1987.

On December 15, 1987, Dwyer held a meeting at his home with press secretary James Horshock, and Deputy Treasurer Don Johnson. With a week to go before sentencing, Dwyer wanted to make a statement, to the press.

Budd Dwyer addresses the press on January 22, 1987. It would be his last press conference.

The meeting was scheduled for January 22, the day before sentencing.

In a rambling speech before the press, R. Budd Dwyer proclaimed his innocence. He said how much he’d enjoyed his life with his wife Joanne and the couple’s kids, Rob and Dyan. He reflected on what a bright future it could have been.

“I am going to die in office” he said, “in an effort to ‘…see if the shame[-ful] facts, spread out in all their shame, will not burn through our civic shamelessness and set fire to American pride.’ Please tell my story on every radio and television station and in every newspaper and magazine in the U.S.

Please leave immediately if you have a weak stomach or mind since I don’t want to cause physical or mental distress.

Joanne, Rob, DeeDee [sic] – I love you! Thank you for making my life so happy. Goodbye to you all on the count of 3. Please make sure that the sacrifice of my life is not in vain.”

Pandemonium broke out as R. Budd Dwyer took out a briefcase, and a .357 magnum pistol. He put the gun in his mouth and blew his brains out.

You can find the video online if you want, it was all on camera. I’m not going to show it.

Joanne never for a moment doubted her husband’s innocence but she never forgave herself for failing to notice, how the man was struggling. She took heavily to drink, perhaps to self-medicate and died in 2009, an alcoholic.

Former chair of the Dauphin County Republican Committee Bill Smith has made contradictory statements under oath and expressed regret for lying, and the role it played in Dwyer’s death.

Subsequent court proceedings never did overturn Dwyer’s conviction, but the Treasurer was able to provide for his family. Having died in office, Dwyer’s widow Jo received full survivor’s benefits of $1.28 million.

Dyan “DeeDee”, now a married mother of two, has lived a private life. Rob, now a realtor in Arizona, has been quite public about his own difficulties, in dealing with his father’s suicide. ‘I’d tell anyone thinking about suicide’ he said, ‘that the scars and the emotional toll that it leaves on those left behind, is immense.

January 10, 1927 Poisoned Hooch

Not to be defied, federal officials poisoned industrial alcohol until the very last day, running up the tab to no fewer than 10,000 dead Americans. The government didn’t even pretend not to know, what was going on.


A French proverb comes down to us from 1742, attributed to one François de Charette: “On ne fait pas d’omelette sans casser des oeufs”. You can’t make an omelette without breaking eggs.

Irish playwright George Bernard Shaw was a big fan of socialism in his day and an enthusiastic supporter of the gulags, of Josef Stalin.“[The] unfortunate Commissar” he wrote, must shoot his own workers “so that he might the more impressively ask the rest of the staff whether they yet grasped the fact that orders are meant to be executed.”. 

Yikes

Connoisseurs of the animated series South Park will remember the Prime Directive of Mr. Garrison’s favorite third grader, Eric Cartman.  “You will respect my authoritah

All well and good for a cartoon.  Few would have guessed the real-world Federal Government would poison its own citizens. To enforce its own authoritah.

The Eighteenth Amendment establishing national prohibition of intoxicating liquors was passed out of Congress on December 17, 1917 and sent to the states, for ratification. The  “Volstead” act, so named for Chairman of the House Judiciary Committee Andrew Volstead, was enacted to carry out the will of congress.

At last ratified in January 1919, “Prohibition” went into effect at midnight, January 16, 1920. For thirteen years it was illegal to import, export, transport or sell intoxicating liquor, wine or beer in the United States.Prohibition-midnight-e1568752688531-1024x511 (1).jpg“Industrial alcohol” such as solvents, polishes and fuels were “denatured” and rendered distasteful by the addition of dyes and chemicals.  The problem was, it wasn’t long before bootleggers figured out how to “renature” the stuff.

The Treasury Department, in charge of enforcement at that time, estimated that over 60 million gallons of industrial alcohol were stolen during Prohibition.

war-propaganda

Not to be defied, the federal government upped the ante.  The Parasite Leviathan, was not to be defied.

By the end of 1926, denaturing processes were reformulated with the introduction of known poisons such as kerosene, gasoline, iodine, zinc, nicotine, formaldehyde, chloroform, camphor, quinine and acetone.

Treasury officials went so far as to impose a requirement of no less than 10% by volume of methanol, a virulent toxin used in anti-freeze.

You will respect my authoritah.

You can renature this stuff ’til the cows come home.  It will kill you.

Sixty people wound up at New York’s Bellevue Hospital on Christmas eve 1926, desperately ill from contaminated alcohol.  Eight of them died.  Within two days, the death toll stood at thirty-one.  The number soared to 400 by New Year’s Day , with no end in sight.

copper-still
A copper still and bucket, like those used in the creation and renaturing of alcohol at home. H’T allthatsinteresting.com, and Chicago History Museum/Getty Images

Many who didn’t die, probably wished they had. Holiday revelers experienced hallucinations, uncontrollable vomiting, even blindness.

TIME Magazine reported a doubling in toxicity levels in the January 10, 1927 issue, compared with the old method:  “The new formula included “4 parts methanol (wood alcohol), 2.25 parts pyridine bases, 0.5 parts benzene to 100 parts ethyl alcohol”. TIME noted, “Three ordinary drinks of this may cause blindness. (In case you didn’t guess, “blind drink” isn’t just a figure of speech).”

To paraphrase Wikipedia, Pyridine is a highly flammable chemical structurally related to benzene, with the unpleasant smell of dead fish.

New York medical examiner Charles Norris was quick to understand the problem and organized a press conference to warn of the danger. “The government knows it is not stopping drinking by putting poison in alcohol.  Yet it continues its poisoning processes, heedless of the fact that people determined to drink are daily absorbing that poison. Knowing this to be true, the United States government must be charged with the moral responsibility for the deaths that poisoned liquor causes, although it cannot be held legally responsible.”

Norris pointed out that the poorest people of the city, were most likely to be victims: “Those who cannot afford expensive protection and deal in low-grade stuff”.

The towering sanctimony of the other side, is hard to believe.  Teetotalers argued the dead had “brought it on themselves”.  Long-time leader of the anti-saloon league Wayne Wheeler proclaimed “The Government is under no obligation to furnish the people with alcohol that is drinkable when the Constitution prohibits it. The person who drinks this industrial alcohol is a deliberate suicide.”

You will respect my Authoritah.

prohibition_2

In its thirteen years of existence, Prohibition was an unmitigated disaster.  Portable stills went on sale within a week of enactment and organized smuggling was quick to follow. California grape growers increased acreage by over 700% over the first five years, selling dry blocks of grapes as “bricks of Rhine” or “blocks of Port”. The mayor of New York City himself sent instructions to his constituents, on how to make wine.

Smuggling operations became widespread as cars were souped up to outrun “the law”. This lead in time to competitive car racing, beginning on the streets and back roads and later moving to dedicated race tracks. It’s why we have NASCAR, today.

alcohol_poison_passed

Organized crime muscled up to become vastly more powerful, due to the influx of enormous sums of cash. The corruption of public officials was a national scandal.

Gaining convictions for breaking a law everyone hated became increasingly difficult. The first 4,000 prohibition-related arrests resulted in only six convictions and not a single jail sentence.

It’s hard to compare alcohol consumption rates before and during prohibition but, if death by cirrhosis of the liver is any indication, alcohol consumption never went down by more than 10 to 20 per cent.

In the end, even John D. Rockefeller, Jr., a lifelong teetotaler who contributed $350,000 to the Anti-Saloon League, had to announce support for repeal.

On December 5, 1933, the state of Utah triggered the magic 2/3rds requirement to ratify the Twenty-first Amendment, repealing the Eighteenth and voiding the Volstead Act, returning control over alcohol policy to the states.

Not to be defied, federal officials poisoned industrial alcohol until the very last day, running up the tab to no fewer than 10,000 dead Americans.   The government didn’t even pretend not to know, what was going on.

You will respect my authoritah!

Assistant Secretary of the Treasury Seymour Lowman had the last word among those who would tell you, “I’m from the government.   I’m here to help”.  If deliberately poisoned alcohol resulted in a more sober nation Lowman opined, then “a good job will have been done”.

December 31, 1695 Fleeced

Tax revolts are nothing new. Neither are the many and sometimes novel ways that politicians have concocted to fleece those of us who pay their bills.


Somewhere in the English midlands during the reign of Edward the Confessor, there lay the Kingdom of Mercia. It was 1054 or thereabouts and Leofric, Earl of Mercia, had a problem. Leofric was the kind of ruler who never saw a tax he didn’t like, his latest the “Heregeld”, a tax to pay for the King’s bodyguard. Leofric’s wife was Godgyfu in the Olde English, meaning “Gift of God”.  Today we call her “Godiva”. Take pity on the people of Coventry, she said, they are suffering under all this oppressive taxation.

lady-godiva-statue

A guy can only take so much, even if he is an Earl. Tired of his wife’s entreaties, Leofric agreed to repeal the tax on one condition; that she ride a horse through the streets of town, dressed only in her birthday suit and her long hair. Lady Godiva took him at his word.  She issued a proclamation that all townspeople stay indoors and shut their windows, and took her famous naked ride, through town.

The story probably isn’t true, any more than the one about Tom, the guy who drilled a hole in his door so he could watch and lost his sight at what he saw.  But a thousand years later, we still use the term “Peeping Tom”.

Tax revolts are nothing new.  Neither are the many and sometimes novel ways that politicians have concocted to fleece those of us who pay their bills.

bricked-up-window

On December 31, 1695, King William III decreed a 2 shilling tax on each house in the land. Not wanting to miss an opportunity to “stick-it-to-the-rich”, there was an extra tax on every window over ten, a tax that would last for another 156 years.

It must have been a money maker, because the governments of France, Spain and Scotland followed suit with similar taxes. To this day, you can see homes where owners have bricked up windows, preferring darkness to the payment of yet another tax.

Czar Peter I returned from a trip to Europe in 1698, hot to “modernize” Russia. All those European guys were clean shaven, so Peter instituted a tax on beards. No, really. When you’d paid your beard tax of 100 Rubles, (peasants and clergy were exempt), you had to carry a “beard token”. Two phrases were inscribed on the coin: “the beard tax has been taken” and “the beard is a superfluous burden”. Failure to shave or pay the tax might lead to your beard being forcibly cut off your face. Some had theirs pulled out by the roots by Peter himself, all 6-foot 8-inches of him.

In Holland, they used to tax the frontage of a home, the wider your house the more you paid. If you’ve ever been to Amsterdam, narrow houses rise several stories, with hooks over windows almost as wide as the building itself.

singel-7
Singel #7

Those are used to haul furniture up from the outside, since the stairways are too narrow. The narrowest home in Amsterdam can be found at Singel #7, the house barely wider than its own front door.

You can find the same thing in the poorer quarters of New Orleans, where the “shotgun single”, a home so narrow you can fire a shotgun in the front door and pellets will go out the back, and the “Camelback” (second story out back) are the architectural results of tax policy.

shotgunsingle-camelback
Shotgun Single, Camelback

England has a “Telly Tax” paid in the form of a television license. There’s good news though; you only have to pay half if you’re legally blind. This is in addition to the council tax, income tax, fuel tax, road tax, value added tax, pasty tax, national insurance, business rates, stamp duty, and about a thousand other taxes. But hey, the health care is free.

 In Canada, makers of children’s breakfast cereal are tax exempt if their cereal contains a free toy. The exemption is limited to toys not containing “beer, liquor, or wine.” Good to know.

Sweden has had a “name ordnance” in effect since 1901, requiring parents to obtain blessings from the government for what they name their children.

In 1991, Elisabeth Hallin and Lasse Diding gave birth to a baby boy. The couple failed to register a name by the age of five and received a fine of 5,000 Kronor, equivalent to $1,206, US. The pair petitioned the court in 1996 to call the kid Brfxxccxxmnpcccclllmmnprxvclmnckssqlbb11116 (pronounced “Albin) and failed to gain permission. The couple then tried to change the boy’s name to “A” (also pronounced Albin). The court rejected that one too, and upheld the fine.

Tennessee has a “Crack Tax” you’re supposed to pay on illegal drugs (don’t ask), and Massachusetts will charge you a “meals tax” on five donuts, but not 6. The state of Illinois taxes candy at a higher rate than food. Any item containing flour or requiring refrigeration is taxed at the lower rate, because it’s not candy. So yogurt covered raisins are candy, but yogurt covered pretzels are food. Baby Ruth bars are candy, but Twix bars are food. Get it? Neither do I.

The Roman Emperor Vespasian, who ruled from 69 to 79AD, levied a tax on public toilets.

vespasiani

When his son, the future Emperor Titus wrinkled his nose, Vespasian held a coin under the boy’s nose. “Pecunia non olet”, he said.  “Money does not stink”.  2,000 years later, his name is still attached to public urinals. In France, they’re called vespasiennes, in Italy vespasiani.  If you need to piss in Romania, you could go to the vespasiene.  History fails to record the inevitable push-back on Vespasian’s toilet tax, but I’m sure that ancient Romans had to look where they walked.

Environmentalists in Venice, Italy have been pushing a tax on tourism, claiming that the city’s facing “an irreversible environmental catastrophe as the subsequent increase in water transport has caused the level of the lagoon bed to drop over time”. Deputy mayor Sandro Simionato said that “This tax is a new and important opportunity for the city,” explaining that it will “help finance tourism”, among other things. So, the problem borne of too much tourism is going to be fixed by a tax to help finance tourism. I think. Or maybe it’s just another money grab.

As of December 2015, state and territory tax rates on cigarettes ranged from 17¢ per pack in Missouri to $4.35 in New York, on top of federal, local, county, municipal and local Boy Scout council taxes (kidding).  Philip Morris reports that taxes run 56.6% on average, per pack. Not surprisingly, tax rates make a vast difference in where and how people buy their cigarettes.  There is a tiny Indian reservation on Long Island, measuring a few miles square and home to a few hundred people. Tax rates are close to zero there, on a pack of butts.  Until recent changes in the tax law, they were selling 100 million cartons per year.

If all those taxes are supposed to encourage people to quit smoking, I wonder what income taxes are supposed to do?

antarctica-icebound-ship-1

Back in 2013, EU politicians were discussing a way of taxing livestock flatulence, as a means of curbing “Global Warming”. At that time there was an Australian ice breaker, making its way to Antarctica to free the Chinese ice breaker, that got stuck in the ice trying to free the Russian ship full of environmentalists.  They were there to view the effects of “Global Warming”, before they got stuck in the ice.

Honest, I wouldn’t make this stuff up.

December 15, 1791 A Republic, if you can Keep it

Today we stand on the brink of a runoff election, threatening to tip the balance of the United States Senate away from the Republic of the founders, and toward the proverbial “democracy” of three wolves and a lamb, voting on what to have for dinner.

There is no reason to believe the Bill of Rights will survive such a transition.


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, checks and balances, and authority delegated but Never relinquished, by a sovereign electorate.

Today the American system is often described as “democracy”. That description is in error. 

Ambrose Bierce once described Democracy as four wolves and a lamb, voting on what to eat for lunch.  The founders gave us a Constitutional Republic.

The genius of such a Republic is demonstrated in a system which protects the rights of All citizens, including that individual.  The proverbial lamb. The specifics are enumerated in our bill of rights, twelve amendments adopted by the first Congress on September 25, 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 that 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 17th 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-ellsworth

A 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 to become a document we now know, as the “Bill of Rights”.

A story is often told of Benjamin Franklin, exiting the Constitutional Convention. Approached by citizens asking what sort of government the delegates had created, Dr. Franklin replied: “A republic, if you can keep it.”

Today we stand on the brink of a runoff election, threatening to tip the balance of the United States Senate away from the Republic of the founders, and toward the proverbial “democracy” of four wolves and a lamb.

What reason we have to believe the Bill of Rights will survive such a transition remains a question, in search of an answer.

The Bill of Rights – Full Text. Hat tip, billofrightsinstitute.org

Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Fun Fact: 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.

May 24, 1973 The Real-Life “Dexter”

To search on the term “Serial killers with the highest known victim count” is to be rewarded with the knowledge that the top 32 serial killers of the modern era, are responsible for a proven list of 1,661 victims and a possible count, several times that number. 

On October 1, 2006, the premium television network Showtime broadcast the premier episode of the crime mystery drama, Dexter.  Set in Miami, the series tells the story of Dexter Morgan played by actor Michael C. Hall.  Hall’s character is a forensic technician, working for the fictional Miami Metro Police Department and specializing in crime scene analysis based on splatter patterns.  Splatter patterns of blood and tissue.

In his off-hours, Dexter’s an avenging angel.  A serial killer, who preys on other serial killers.  Dexter’s after the bad guys, murderers who for one reason or the other, slipped through the system.  The program ran for nearly five years.  The series finale broadcast on September 22, 2013 drew the largest audience in Showtime history.b28117ea-41bc-47fe-93ef-f82a1f31717bTo search on the term “Serial killers with the highest known victim count” is to be rewarded with the knowledge that the top 32 serial killers of the modern era, are responsible for a proven list of 1,661 victims and a probable count, several times that number.

Digging down on the list reveals a depressing similarity between the thirty men and two women on the roster.  Victims are overwhelmingly represented among the weaker members of society, the women, and children, and the elderly.  Mostly, but not entirely so.  Number 6 on the list is the Brazilian serial killer Pedro Rodrigues Filho, as close to a real-life Dexter as you’re likely to get.

Known as “Pedrinho Matador” (Killer Petey), Filho came out of the womb with head injuries, the result of a savage beating his mother received, at the hands of his father.RodriguesFilho says he first wanted to kill at age 13, when he tried to push an older cousin into a sugar cane press.  His first victim came a year later.  Filho murdered the deputy mayor of Santa Rita do Sapucaí with a shotgun in front of city hall, for firing his father from the school where he worked as security guard.  It was claimed the elder Filho, was stealing food.  Pedro then killed the guard whom he believed to be the real thief.

He fled to Mogi das Cruzes, São Paulo where he took up robbing and killing, among the members of local drug gangs. There he met and fell in love with one Maria Aparecida Olympia. The couple lived together until Maria, herself pregnant with his child, was murdered by drug gangs. Filho went on a tear after that, torturing and killing gang members in the effort to find her killer.

In the end, the gang leader responsible was betrayed by his ex-wife.  Pedro paid the man a visit, during a wedding party.  When it was over there were seven dead and sixteen wounded.

By this time, Pedro‘s father was in prison for the machete-murder of his wife, Pedro’s mother. Visiting his father in prison, he stabbed the man 22 times before cutting his heart out and eating a piece, before tossing the thing away.

Killer Petey was arrested for the first time on this day in 1973.  Handcuffed and thrown in the back with an accused rapist, the other man was dead before the squad car reached the station.

Filho was sentenced to 128 years for his crimes.

The brutality within Brazilian prisons is shocking even by the standards of hardened criminals.  They are overcrowded hellholes ruled over by gangs and drug dealers where gruesome murders are a daily occurrence.  Inmates are often given keys to their own cells, so terrified are their jailers, of entering those dark and filthy hallways.  Video may be found of inmates playing “football” with decapitated heads.  Gang fights are vicious and deadly and yet even here, Pedrinho Matador racked up his greatest body count. pedro-rodrigues-filhoHe was once attacked by five gang members before killing three by himself and chasing off, the other two.  Brazilian law dictates a maximum of 30 years.  By the time he got out the Brazilian Dexter had killed another 47.

After spending most of his adult life in prison, Filho describes himself as a changed man.  Pedrinho Matador is proven to have killed 71 and claims 100+, all of whom are themselves murderers, rapists or those who he felt, did him wrong.  He converted to Christianity in 2018 and now has a YouTube channel where he warns troubled youth, of the dangers of a life of crime.Killer Petey

April 6, 1933 New Beer’s Eve

For every wound, a balm.
For every sorrow, cheer. 
For every storm, a calm.
For every thirst, a beer. – Irish toast, author unknown

Given the right combination of sugars, almost any cereal will undergo simple fermentation, due to the presence of wild yeasts in the air.  It seems likely that our cave-dwelling ancestors experienced their first beer, as the result of this process.

Starch dusted stones were found with the remains of doum-palm and chamomile in the 18,000-year old Wadi Kubbaniya in upper Egypt.  While it’s difficult to confirm, University of Pennsylvania archaeologist Dr. Patrick McGovern suspects, “it’s very likely they were making beer there”.

Chemical analysis of pottery shards date the earliest barley beer to 3400BC, in the Zagros Mountains of Iran.beer-ingredients (1)Tacitus scorned the bitter brew of Germanic barbarians.  Wine seemed better suited to the sensibilities of the Roman palate.  Nevertheless, letters from Roman cavalry commanders of the Roman Britain period, c. 97-103 AD, include requests for more “cerevisia“, for the legionaries.

In North and South America, native peoples brewed fermented beverages from local ingredients including agave sap, the first spring tips of the spruce tree, and maize.

Pilgrims left the Netherlands city of Leiden in 1620, hoping not for the frozen, rocky soil of New England, but for rich farmland and a congenial climate in the New World.   Lookouts spotted the wind-swept shores of Cape Cod on November 9, 1620 and may have kept going, had there been enough beer.  One Mayflower passenger wrote in his diary: “We could not now take time for further search… our victuals being much spent, especially our beer…download-67Prior to the drum roaster’s invention in 1817, malt was typically dried over wood, charcoal or straw fires, leaving a smoky quality which would seem foreign to the modern beer drinker.  William Harrison wrote in his “Description of England” in 1577, “For the wood-dried malt, when it is brewed, beside that the drink is higher of colour, it doth hurt and annoy the head of him that is not used thereto, because of the smoke“.

Smoky flavor didn’t trouble the true beer aficionado of the age.  When the Meux Brewery casks let go in 1814 spilling nearly 400,000 gallons onto the street, hundreds of Britons hurried to scoop the stuff up in pots and pans.  Some lapped it right up off of the street, doggy-style.2926-london-beer-flood1 (1)1,389 were trampled to death and another 1,300 injured in a stampede for the suds, when someone thought the beer had run out at the coronation of Czar Nicholas II, in 1896.download-66The 18th amendment, better known as “prohibition”, went into effect at midnight, January 16, 1920. For thirteen years it was illegal to import, export, transport or sell liquor, wine or beer in the United States.

Portable stills went on sale within a week and organized smuggling was quick to follow. California grape growers increased acreage by over 700% over the first five years, selling dry blocks of grapes as “bricks of rhine” or “blocks of port”. The mayor of New York City sent instructions on wine making, to his constituents.

Smuggling operations became widespread as cars were souped up to outrun “the law”. This would lead in time to competitive car racing, beginning first on the streets and back roads and later moving to dedicated race tracks.  It’s why we have NASCAR, today.williams-vs-byron-replacements100-2020-recap-upscaled-image-x4-1584470318Organized crime became vastly more powerful due to the influx of enormous sums of cash.  The corruption of public officials was a national scandal.

Gaining convictions for breaking a law that everyone hated became increasingly difficult. There were over 7,000 prohibition related arrests in New York alone between 1921 and 1923.  Only 27 resulted in convictions.download-65Finally, even John D. Rockefeller, Jr., a lifelong teetotaler who contributed $350,000 to the Anti-Saloon League, had to announce his support for repeal.

It’s difficult to compare rates of alcohol consumption before and during prohibition.  If death by cirrhosis of the liver is any indication, alcohol consumption never decreased by more than 10 to 20 per cent.

FDR signed the Cullen–Harrison Act into law on March 22, 1933, commenting “I think this would be a good time for a beer.”  The law went effect on April 7, allowing Americans to buy, sell and drink beer containing up to 3.2% alcohol.

A team of draft horses hauled a wagon up Pennsylvania Avenue, delivering a case of beer to the White House – the first public appearance of the Budweiser Clydesdales.fd3cb0f1f05a3b17a69799cd32a01bcb (1)“Dry” leaders tried to prohibit consumption of alcohol on military bases in 1941, but military authorities claimed it was good for morale. Brewers were required to allocate 15% of total annual production to be used by the armed forces. So essential were beer manufacturers to the war effort, that teamsters were ordered to end a labor strike against Minneapolis breweries.  Near the end of WWII, the army made plans to operate recaptured French breweries, to ensure adequate supplies for the troops.

18 states continued prohibition at the state level after the national repeal, the last state finally dropping it in 1966. Almost 2/3rds of all states adopted some form of local option, enabling residents of political subdivisions to vote for or against local prohibition.  Some counties remain dry to this day.  Ironically, Lynchburg County, Tennessee, home to the Jack Daniel distillery, is one such dry county.

Beer toastThe night before Roosevelt’s law went into effect, April 6, 1933, beer lovers lined up at the doors of their favorite watering holes, waiting for their first legal beer in thirteen years.

A million and a half barrels of the stuff were consumed the following day, a date remembered to this day, as “National Beer Day”.

So it is that, from that day to this, we celebrate April 6 as “New Beer’s Eve”.  Sláinte.

For every wound, a balm.
For every sorrow, cheer. 
For every storm, a calm.
For every thirst, a beer. – Irish toast, author unknown