January 31, 1945  The Execution of Private Slovik

“I told my commanding officer my story. I said that if I had to go out there again I’d run away. He said there was nothing he could do for me so I ran away again AND I’LL RUN AWAY AGAIN IF I HAVE TO GO OUT THERE. — Signed Pvt. Eddie D. Slovik A.S.N. 36896415”

When he was little, his neighbors must have considered him a bad kid.  His first arrest came at the age of 12, when he and some friends were caught stealing brass from a foundry.  There were other episodes between 1932 and ’37: petty theft, breaking & entering, and disturbing the peace.  In 1939 he was sent to prison, for stealing a car.

slovik-weddingEdward Donald “Eddie” Slovik was paroled in 1942, his criminal record making him 4F.  “Registrant not acceptable for military service”.  He took a job at the Montella Plumbing and Heating company in Dearborn, Michigan, where he met bookkeeper Antoinette Wisniewski, the woman who would later become his wife.

There they might have ridden out WWII, but the war was consuming manpower at a rate unprecedented in history.  Shortly after the couple’s first anniversary, Slovik was re-classified 1A, fit for service, and drafted into the Army.  Arriving in France on August 20, 1944, he was part of a 12-man replacement detachment, assigned to Company G of the 109th Infantry Regiment, US 28th Infantry Division.

Slovik and a buddy from basic training, Private John Tankey, became separated from their detachment during an artillery attack, and spent the next six weeks with Canadian MPs.  It was around this time that Private Slovik decided he “wasn’t cut out for combat”.

The rapid movement of the army during this period caused many replacements difficulty in finding their units.  Edward Slovik and John Tankey finally caught up with the 109th on October 7.  The following day, Slovik asked his company commander Captain Ralph Grotte for reassignment to a rear unit, saying he was “too scared” to be part of a rifle company.  Grotte refused, confirming that, were he to run away, such an act would constitute desertion.

That, he did.  Eddie Slovik deserted his unit on October 9, despite Private Tankey’s protestations that he should stay.  “My mind is made up”, he said.  Slovik walked several miles until he found an enlisted cook, to whom he presented the following note.

“I, Pvt. Eddie D. Slovik, 36896415, confess to the desertion of the United States Army. At the time slovik-noteof my desertion we were in Albuff [Elbeuf] in France. I came to Albuff as a replacement. They were shelling the town and we were told to dig in for the night. The following morning they were shelling us again. I was so scared, nerves and trembling, that at the time the other replacements moved out, I couldn’t move. I stayed there in my fox hole till it was quiet and I was able to move. I then walked into town. Not seeing any of our troops, so I stayed over night at a French hospital. The next morning I turned myself over to the Canadian Provost Corp. After being with them six weeks I was turned over to American M.P. They turned me loose. I told my commanding officer my story. I said that if I had to go out there again I’d run away. He said there was nothing he could do for me so I ran away again AND I’LL RUN AWAY AGAIN IF I HAVE TO GO OUT THERE. — Signed Pvt. Eddie D. Slovik A.S.N. 36896415”.

Slovik was repeatedly ordered to tear up the note and rejoin his unit, and there would be no consequences.  Each time, he refused.  The stockade didn’t scare him.  He’d been in prison before, and it was better than the front lines.  Beside that, he was already an ex-con.  A dishonorable discharge was hardly going to change anything, in a life he expected to be filled with manual labor.  Finally, instructed to write a second note on the back of the first acknowledging the legal consequences of his actions, Eddie Slovik was taken into custody.

1.7 million courts-martial were held during WWII, 1/3rd of all the criminal cases tried in the United States during the same period.  The death penalty was rarely imposed.  When it was, it was almost always in cases of rape or murder.

2,864 US Army personnel were tried for desertion between January 1942 and June 1948.  Courts-martial handed down death sentences to 49 of them, including Eddie Slovik.  Division commander Major General Norman Cota approved the sentence. “Given the situation as I knew it in November, 1944,” he said, “I thought it was my duty to this country to approve that sentence. If I hadn’t approved it–if I had let Slovik accomplish his purpose–I don’t know how I could have gone up to the line and looked a good soldier in the face.”

On December 9, Slovik wrote to Supreme Allied Commander Dwight D. Eisenhower, pleading for clemency.  Desertion was a systemic problem at this time.  Particularly after the surprise German offensive coming out of the frozen Ardennes Forest on December 16, an action that went into history as the Battle of the Bulge.  Eisenhower approved the execution order on December 23, believing it to be the only way to discourage further desertions.

slovik-movie-poster
Slovik movie poster

His uniform stripped of all insignia with an army blanket draped over his shoulders, Slovik was brought to the place of execution near the Vosges Mountains of France. “They’re not shooting me for deserting the United States Army”, he said, “thousands of guys have done that. They just need to make an example out of somebody and I’m it because I’m an ex-con. I used to steal things when I was a kid, and that’s what they are shooting me for. They’re shooting me for the bread and chewing gum I stole when I was 12 years old.”

Army Chaplain Father Carl Patrick Cummings said, “Eddie, when you get up there, say a little prayer for me.” Slovik said, “Okay, Father. I’ll pray that you don’t follow me too soon”. Those were his last words.  A soldier placed the black hood over his head.  The execution was carried out by firing squad.  It was 10:04am local time, January 31, 1945.

Edward Donald Slovik was buried in Plot E of the Oise-Aisne American Cemetery, his marker bearing a number instead of his name.  Antoinette Slovik received a telegram informing her that her husband had died in the European Theater of war, and a letter instructing her to return a $55 allotment check.  She would not learn about the execution for nine years.

eddie-slovik-graveIn 1987, President Ronald Reagan ordered the repatriation of Slovik’s remains.   He was re-interred at Detroit’s Woodmere Cemetery next to Antoinette, who had gone to her final rest eight years earlier.

In all theaters of WWII, the United States military executed 102 of its own, almost always for the unprovoked rape and/or murder of civilians. From the Civil War to this day, Eddie Slovik’s death sentence remains the only one ever carried out for the crime of desertion. At least one member of the tribunal which condemned him to death, would come to see it as a miscarriage of justice.

Nick Gozik of Pittsburg passed away in 2015, at the age of 95.  He was there in 1945, a fellow soldier called to witness the execution.  “Justice or legal murder”, he said, “I don’t know, but I want you to know I think he was the bravest man in that courtyard that day…All I could see was a young soldier, blond-haired, walking as straight as a soldier ever walked.  I thought he was the bravest soldier I ever saw.”

January 20, 1829 An Ass for a Lion

“The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world”

The Declaration of Independence, the birth certificate of the nation, begins with this preamble: “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another…”.

The next paragraph leads with the phrase most commonly cited: “We hold these truths todeclaration-of-independence be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”.

The paragraph ends with a personal indictment of one man, followed by a 27 item bill of particulars against him. “The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world”.

The overall tenor of the document is a personal indictment of one man, George III, King of England. The word “He” appears in the document 19 times, “tyrant” is used twice and “ruler” only once, as in: “A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people”.

Thomas Paine wrote of George III in “Common Sense”, the pamphlet which inspired a people to rise up in the summer of 1776: “One of the strongest natural proofs of the folly of hereditary right in kings, is, that nature disapproves it, otherwise she would not so frequently turn it into ridicule by giving mankind an ass for a lion”.

To be sure, the King had little or nothing to do with the policies which brought the two countries to war. The Stamp Act of 1765, the Townshend duties on tea, paper and other products in 1767; these came from Parliament, as did the “Coercive Acts” of 1774, referred to by the Patriots of Massachusetts and others as “The Intolerable Acts”.

These policies were a result of the financial burdens of garrisoning and administering the huge territories of the American colonies, the never ending wars with France and Spain, and the loans given to the East India Company, which was then responsible for administering India.

The third King of the House of Hanover was himself a creature of Parliament, his lineage having been invited to rule over Great Britain in 1714, after the fall of the House of Stuart. What Parliament gives, Parliament may take away. Yet today, George III is remembered for two things; losing the American colonies, and for losing his mind.

He is the longest reigning of any English King, ruling from 1760 until his death on January 29, 1820. Medical historians have long said that George III suffered from a genetic blood disorder called Porphyria, a term from the Greek meaning “purple pigment”. This refers to a blue discoloration in the urine of those suffering from the condition, along with symptoms primarily involving the central nervous system, and accompanied by severe abdominal pain, vomiting and mental disturbances.

The illness seems to have afflicted George III alone however, casting doubt on an hereditary condition. George III’s medical records cast further doubt on the porphyria diagnosis, showing that he was prescribed medicine based on gentian, a plant with deep blue flowers which may turn the urine blue. He seems to have been afflicted with some kind of mental illness, suffering bouts which occurred with increasing severity and longevity. At times the King of England would talk until he foamed at the mouth or go into convulsions where pages had to sit on him to keep him from injuring himself.

An ongoing research project at St George’s, University of London, has looked at thousands of King George III’s handwritten letters, and concluded that the King suffered from mental illness. His writing was erratic at times coinciding with his “spells”, with run-on sentences of 400 words or more and as many as 8 verbs with no punctuation. These are features of the writing and speech of patients as they experience the manic phase of bipolar disorder. This manic phase stands at one end of a spectrum of mood disorders, with an overwhelming sadness or depression at the other. Research is ongoing, but these types of mood swings are consistent with contemporary witnesses to George’s behavior, as well as the written record.

The last ten years of George’s reign were spent in complete seclusion, mentally unfit to rule.  His eldest son, the Prince of Wales and future King George IV, acted as Prince Regent from 1811 on.

There is an historic lesson in this story. If the country ruled by a King (or Queen) wins the lottery and gets a good and fair monarch, then that country can experience a period of peace and prosperity. If that country draws the cosmic short straw and gets a bad one, the results can be catastrophic. In the end, it’s the most powerful argument I can think of for a governmental system of diffuse power with checks and balances.

January 18, 1943 The Greatest Thing since Sliced Bread

Ohio farmer Roscoe Filburne was ordered to destroy the surplus and pay a fine, even though his “surplus” was being consumed on the farm by the Filburne family and their chickens

The first automatic bread slicer was invented by Otto Frederick Rohwedder of Davenport, Iowa, in 1912. The idea was not at all popular among bakers, who feared that pre-sliced bread would go stale faster, leading to spoiled inventory and dissatisfied customers.
st-_louis_electrical_bread_slicer_1930The project almost ended in a fire in 1917, when the prototype was destroyed along with the blueprints. Rohwedder soldiered on, by 1927 he had scraped up enough financing to rebuild his bread slicer.

Frank Bench, a personal friend of the inventor, was the first to install the machine. The first pre-sliced loaf was sold in July of the following year. Customers loved the convenience and Bench’s bread sales shot through the roof.sliced-bread-wonder

Sliced bread became a national hit when the Continental Baking Company, then owner of the “Wonder Bread” brand, began using a modified version of Rowhedder’s machine in 1930. Sliced bread was here to stay. Sort of.

The United States had been in WWII for two years in 1943, when Claude Wickard, head of the War Foods Administration as well as Secretary of Agriculture, had the hare brained idea of banning sliced bread.

Mr. Wickard was no stranger to hare brained ideas; it is he who lends his name to the landmark Supreme Court case Wickard v. Filburne. Speaking of hare brained ideas. The Agricultural Adjustment Act of 1938 limited the area that farmers could devote to wheat production, in an effort to stabilize the price of wheat on the national market. An Ohio farmer named Roscoe Filburne was producing more than his allotment. The federal government ordered him to destroy the surplus and pay a fine, even though his “surplus” was being consumed on the farm by the Filburne family and their chickens.

constitutionArticle 1, Section 8 of the Constitution includes the “Commerce Clause”, permitting the Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”. That’s it. The Federal District Court sided with the farmer, but the Federal government appealed to the US Supreme Court, arguing that, by withholding his surplus from the interstate wheat market, Filburne was effecting that market, and therefore fell under federal government jurisdiction under the commerce clause.

The United States Supreme Court, apparently afraid of President Roosevelt and his aggressive and illegal “court packing” scheme, ruled against the farmer. Ever since, what you don’t do can be argued in a court of law to affect interstate commerce, putting what you didn’t do under the jurisdiction of the federal government. Get it? Neither do I, but I digress.

Back to Mr. Wickard, who enacted his ban against sliced bread and put it into effect on January 18, 1943. The push-back, as you might guess, was immediate and vehement. One woman wrote to the New York Times: “I should like to let you know how important sliced bread is to the morale and saneness of a household. My husband and four children are all in a rush during and after breakfast. Without ready-sliced bread I must do the slicing for toast—two pieces for each one—that’s ten. For their lunches I must cut by hand at least twenty slices, for two sandwiches apiece. Afterward I make my own toast. Twenty-two slices of bread to be cut in a hurry!”

The stated reasons for the ban never did make sense. At various times, Wickard claimed that it was to conserve wax paper, wheat and steel, but one reason was goofier than the one before. According to the War Production Board, most bakeries had plenty of wax paper supplies on hand, even if they didn’t buy any. Furthermore, the federal sliced-breadgovernment had a billion bushels of wheat stockpiled at the time, about two years’ supply, and the amount of steel saved by not making bread slicers has got to be marginal, at best.

The ban was rescinded on March 8, 1943, and pre-sliced bread was once again available to the federal government and its subjects. There’s no telling who first used the expression “the greatest thing since sliced bread”, but a reasonable guess may be made as to why.

December 24, 1913 Italian Hall Disaster

Today, (falsely) “Shouting fire in a crowded theater” is a commonly understood limitation on the 1st amendment right to free speech

In 1913, there were about 15,000 men working in the copper mines of Michigan’s Upper Peninsula (UP). The Western Federation of Miners (WFM) had been actively organizing the area since 1908, by 1913 they claimed 9,000 members.

At this time, the Calumet and Hecla Mining Company (“C&H”) was the largest copper mining company in the UP. In July, union members demanded that C&H recognize the WFM as their collective bargaining agent. The company refused to recognize the union, and a strike was called on July 23, 1913.

Five months later, the two sides were still at an impasse. Striking miners and their italian_hallfamilies gathered on Christmas Eve at the “Societa Mutua Beneficenza Italiana”, the Italian Hall in Calumet, Michigan, for a Christmas party sponsored by the Ladies Auxiliary of the WFM.

The party was held in the second floor of the hall, accessible only by a steep stairway, a poorly marked fire escape, and a few ladders propped up against the back of the building. There were over four hundred people in the room when someone yelled “Fire!”  There was no fire, but panicked people rushed for the door. 59 children were crushed or trampled to death in the stampede, along with 14 adults.

In the wake of the catastrophe at Italian Hall, President of the Western Federation ofitalian_hall_disaster_in_pictures_-_kitchen Miners Charles Moyer publicly accused members of the pro management “Citizens Alliance” of responsibility for the disaster. He was subsequently assaulted by members of the Alliance, who shot and kidnapped him, placing him on a train with instructions to leave Michigan and never return. Moyer would later receive medical attention in Chicago, holding a press conference where he displayed his gunshot wound before returning to Michigan and resuming his work with the WFM.

A coroner’s inquest failed to determine who shouted “Fire!” and why, though 8 people testified in a 1914 Congressional investigation, that the man who first raised the cry of “fire” was wearing a Citizens’ Alliance button on his coat, indicating that he was an ally of mine owners.

The first unionized strike in Michigan’s UP had been called in pursuit of shorter work days, higher wages, union recognition, and to maintain family mining groups. Though unsuccessful, ending after nine months with the union being effectively driven out of the Keweenaw Peninsula, it would be a turning point in the history Michigan’s copper country.

Woody Guthrie wrote and performed a song in 1941, called the “1913 Massacre”. (www.youtube.com/watch?v=oz7oguguIZE) In it, Guthrie repeated the claim that the doors were held shut from the outside by management hired thugs. Others have blamed inward opening front doors, which became stuck shut in the crush of bodies, though photographs seem to suggest two sets of doors which open outward.

In 1856, a false cry of “fire” created a stampede at the Royal Surrey Gardens Music Hall of London, killing seven.   Similar disasters followed in Harlem in 1884, and the Shiloh Baptist Church disaster of 1902, when more than 100 people died when “fight” was misunderstood as “fire” in a crowded church.

Today, (falsely) “Shouting fire in a crowded theater” is a commonly understood limitation on the italian_hall_doorway1st amendment right to free speech.  It’s a paraphrasing of Justice Oliver Wendell Holmes, Jr.’s opinion in the 1919 SCOTUS decision, Schenck v. United States, a case which turned, in part, on the Italian Hall disaster of seven years earlier.

Italian Hall was demolished in October 1984, leaving only the archway to the front steps, behind which a state historic marker describes the events that took place there on December 24, 1913. Responsibility for the stampede and the 73 deaths resulting from it, has never been determined.

November 25, 1841 Amistad

In arguing the case, President Adams took the position that no man, woman, or child in the United States could ever be sure of the “blessing of freedom”, if the President could hand over free men on the demand of a foreign government

By 1839, the international slave trade was illegal in most countries, though slavery itself was not. In April of that year five or six hundred Africans were illegally purchased by a Portuguese slave trader, and shipped to Havana aboard the brig Tecora.

Fifty three members of the Mendi tribe, from the modern day country of Sierra Leone, were sold to Joseph Ruiz and Pedro Montez, who planned to use them on their Cuban sugar plantation. The Mendians were given Spanish names and designated “black ladinos,” fraudulently documenting that they had always lived as slaves in Cuba. In June, Ruiz and Montez placed the Africans on board the schooner la Amistad, (“Friendship”), and set sail down the Cuban coast to Puerto del Principe.

On the fourth night at sea, Africans broke free of their chains and seized control of the ship. They killed two of their captors, losing two of their own in the struggle, while two others escaped in a boat. The cabin boy, who really was a black ladino, was spared and used as translator.

The Mendians forced the two remaining crew to return them to Africa, which they pretended to do by day. But they were betrayed, the two slavers would steer the ship north by night, when the position of the sun couldn’t be seen. Amistad was apprehended off Long Island by a U.S. Coastal Survey brig and taken to New London, Connecticut where the Africans were put in prison. Connecticut was still a slave state at that time.

The Spanish Ambassador demanded that Ruiz’ and Montez’ “property” be returned and the matter settled under Spanish law. President Martin van Buren agreed, but the matter had already fallen under the jurisdiction of the courts.

The district court trial which followed in Hartford determined that the Mendians’ papers were forged, and they should be returned to Africa. The cabin boy was ruled to be a slave and ordered returned to the Cubans, however he fled to New York with the help of abolitionists. He would live out the rest of his life as a free man.

Fearing a loss of pro-slavery support, President van Buren ordered government lawyers to appeal the case up to the United States Supreme Court.  The government case depended on the anti-piracy provision of a treaty then in effect between Spain and the United States,

A former President and son of a Founding Father, John Quincy Adams, argued the case, in a trial beginning on George Washington’s birthday, in 1841.

SCOTUS upheld the decision of the lower court 8-1, ruling that the Africans had been detained illegally and ordering them returned to their home. John Tyler, a pro slavery Whig, was President by this time. He refused to provide a ship or fund the repatriation, so abolitionists and missionaries did so, returning 35 surviving Mendians to Africa on November 25, 1841.

In arguing the case, President Adams took the position that no man, woman, or child in the United States could ever be sure of the “blessing of freedom”, if the President could hand over free men on the demand of a foreign government.

Bill Clinton, Eric Holder and Janet Reno should have remembered that 152 years later, before kidnapping six year old Elian Gonzalez at gunpoint, and sending him back to Cuba over the body of the mother who died bringing him to freedom.