March 21, 1905 Better Babies

By the height of the eugenics movement, some 30 states had passed legislation, legalizing the involuntary sterilization of individuals considered “unfit” for reproduction. All told, some 60,000 individuals were forcibly sterilized in state-sanctioned procedures.

In 380BC, Plato described a system of state-controlled human breeding in his Socratic dialogue “The Republic”, introducing a “guardian class” to watch over over his ideal society.

Ada JukeIn the 19th century, Francis Galton studied the theories of his cousin Charles Darwin on the evolution of species, applying them to a system of selective breeding intended to bring “better” human beings into the world.  He called it his theory of “Eugenics”.

Eugenics gained worldwide respectability in the early 20th century, when countries from Brazil to Japan adopted policies regarding the involuntary sterilization of certain mental patients.

images (35)“Better Babies” competitions sprang up at state fairs across the United States, where babies were measured, weighed, and “judged”.  Like livestock.  By the 20s, these events had evolved into “Fitter Family” competitions.

One of the leaders of the eugenics movement was the pacifist and Stanford University professor, David Starr Jordan.  After writing several books on the subject, Jordan became a founding member of the Eugenics Committee of the American Breeders Association.  The higher classes of American society were being eroded by the lower class, he argued.  Careful, selective breeding would be required to preserve the nation’s “upper crust”.

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Margaret Samger

Margaret Higgins Sanger believed that birth control should be compulsory for “unfit” women, who “recklessly perpetuated their damaged genetic stock by irresponsibly breeding more children in an already overpopulated world.”

An early advocate for birth control, Sanger has her supporters to this day, including former Presidential candidate Hillary Rodham Clinton. “I admire Margaret Sanger enormously”, Clinton said.  “Her courage, her tenacity, her vision…”  Time Magazine points out that “Sanger opened the first birth-control clinic in the United States”, describing her as “An advocate for women’s reproductive rights who was also a vocal eugenics enthusiast…”

Detractors have described Sanger as a “thoroughgoing racist”, citing her own words in What Every Girl Should Know, published in 1910:  “In all fish and reptiles where there is no great brain development, there is also no conscious sexual control. The lower down in the scale of human development we go the less sexual control we find. It is said that the aboriginal Australian, the lowest known species of the human family, just a step higher than the chimpanzee in brain development, has so little sexual control that police authority alone prevents him from obtaining sexual satisfaction on the streets”.

Admire or detest the woman as you choose, Sanger’s work established organizations which later evolved into the Planned Parenthood Federation of America.

Around the world, eugenics policies took the form of involuntarily terminated pregnancies, compulsory sterilization, euthanasia, and even mass extermination.

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Madison Grant, the New York lawyer best known for his work in developing the discipline of wildlife management, was a leader in the eugenics movement, once receiving an approving fan letter from none other than Adolf Hitler.

Public policy and academic types conducted three international eugenics conferences to discuss the application of programs to improve human bloodlines.  The first such symposium convened in London in 1912, discussing papers on “racial suicide” and similar topics.  Presiding over the conference was none other than Major Leonard Darwin, the son of Charles Darwin, with Harvard president emeritus Charles William Eliot serving as vice President.

Vermont Eugenics: A Documentary HistoryThe 1912 conference was followed by two more in 1921 and 1932, both held in New York City.  Colleges and universities delved into eugenics as academic discipline, with courses exploring the ethical and public policy considerations of eliminating the “degenerate” and “unfit”.

In Pennsylvania, 270 involuntary sterilizations were performed without benefit of law, between 1892 and 1931.  On March 21, 1905, the Pennsylvania legislature passed “An Act for the Prevention of Idiocy”, requiring that every institution in the state entrusted with the care of “ idiots and imbecile children”, be staffed by at least one skilled surgeon, whose duty it was to perform surgical sterilization.  The bill was vetoed by then-Governor Samuel Pennypacker, only to return in 1911, ’13, ’15, ’17, ’19, and again in 1921.

By the height of the eugenics movement, some 30 states had passed legislation, legalizing the involuntary sterilization of individuals considered “unfit” for reproduction. All told, some 60,000 individuals were forcibly sterilized in state-sanctioned procedures.

California forced Charlie Follett to undergo a vasectomy in 1945 at the age of 15, when Follett found himself abandoned by alcoholic parents.   He was only one of some 20,000 Californians forced to undergo such a procedure.

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Roadside Marker, Raleigh, NC

Vermont passed a sterilization law in 1931, aimed at what then-University of Vermont zoology professor Henry Perkins called the “rural degeneracy problem.”  An untold number of “defectives” were forced to undergo involuntary sterilization, including Abenaki Indians and French-Canadian immigrants.

Indiana passed the first eugenic sterilization law in 1907, but the measure was legally flawed.  To remedy the situation, the Eugenics Record Office (ERO), founded in 1910 by the the former Harvard University Zoology Professor Charles Benedict Davenport, Ph.D.,  crafted a statute, which was later adopted by the Commonwealth of Virginia as state law in 1924.

That September, Superintendent of the ‘Virginia State Colony for Epileptics and Feebleminded’ Dr. Albert Sidney Priddy, filed a petition to sterilize one Carrie Elizabeth Buck, an 18-year-old patient at the institution whom Priddy claimed to be “incorrigible”.  A “genetic threat to society”.  Buck’s 52-year-old mother had a record of prostitution and immorality, Priddy claimed, and the child to whom Buck gave birth in the institution only proved the point.

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Carrie Elizabeth Buck was born into poverty in Charlottesville, Virginia, the first of three children born to Emma Buck. Carrie’s father Frederick Buck abandoned the family, shortly after the marriage. Emma was committed to the “Virginia State Colony for Epileptics and Feebleminded” following accusations of immorality, prostitution, and having syphilis.

Buck’s guardian brought her case to court, arguing that compulsory sterilization violated the equal protection clause of the 14th amendment.  After losing in district court, the case was appealed to the Amherst County Circuit Court, the Virginia Supreme Court, and finally the United States Supreme Court.

Dr. Priddy died along the way, Dr. John Hendren Bell taking his place.  SCOTUS decided the “Buck vs Bell” case on May 2, 1927, ruling in an 8–1 decision that Carrie Buck, her mother, and her perfectly normal infant daughter, were all “feeble-minded” and “promiscuous.”

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“This photograph was taken on the eve of the initial trial of Buck v Bell in Virginia. Mrs. Dobbs appear to be holding a coin believed to be used as a test for alertness or mental acuity. Vivian appears to be looking elsewhere. It may have ben on the strength of this test that Arthur Estabrook concluded that she “showed backwardness.” H/T DNA Learning Center, dnalc.org

In the majority ruling, Justice Oliver Wendell Holmes, Jr., did more than just greenlight the Virginia statute.  He urged the nation as a whole to get serious about eugenics, and to prevent large numbers of “unfit” from breeding:  “”It is better for all the world“, Holmes wrote, “if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind“. In writing about Carrie Buck herself, her mother and infant daughter Vivian, Holmes delivered one of the most brutal pronouncements in all American jurisprudence: “Three generations of imbeciles are enough.”

It was later revealed that Carrie Buck had been raped by a member of the Dobbs family, the foster family who had taken her in and later had her committed.  To save the family “honor”.  No matter.  Buck was compelled to undergo tubal ligation, later paroled from the institution to become a domestic worker with a family in Bland, Virginia.  Buck’s daughter Vivian was adopted by the Dobbs family.

In a later examination of the child, ERO field worker Dr. Arthur Estabrook pronounced her “feeble minded” saying that she “showed backwardness”, supporting the “three generations” theory expressed in the SCOTUS opinion.

Vivian died from complications of measles in 1932, after only two years in school.  Dr. Estabrook failed to explain in his report, how she seemed to do well for those two years, nor did doctor Estabrook reveal how she came to be listed on her school’s honor roll, in April, 1931.

March 17, 1621 First Encounter

Squanto would mediate between the settlers and the native tribes, teaching the Pilgrims to plant corn: several kernels in a mound, buried with a fish head to enrich the soil.  When planted together in a circle, the “three sisters” would support and thrive together, the corn stalks providing poles for the beans, and the squash leaves providing ground cover & holding in moisture, while keeping weeds at bay.

images (29)In 1620, the 60-ton Pinnace Speedwell departed Delfshaven, meeting with Mayflower at Southampton, Hampshire. The two vessels set out on August 15, but soon had to turn back as Speedwell was taking on water. Speedwell was abandoned after a second failed attempt, Mayflower setting out alone on September 16, 1620, with an estimated 142 passengers and crew.

66 days at sea brought the “Old Comers” up on the outer reaches of Cape Cod on November 11, near the present-day site of Provincetown Harbor.   There, the group stayed long enough to draw up the first written framework of government established in the New World, a “civil body politic” called the Mayflower Compact.

pilgrims_bwAs anyone familiar with the area will understand, a month in that place and time convinced them of its unsuitability.  By mid-December the Mayflower had crossed Cape Cod Bay and fetched up at Plimoth Harbor.

Words fail to describe the terrible conditions of that first winter.  Over half of these “Pilgrims” died during those first few months, eighty-two in all, of malnutrition, disease, exposure and starvation.  It was nearly as awful as the “starving time” of the Jamestown colony of ten years earlier, in which all but 60 of 214 colonists perished.

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Massasoit,

The morning of March 16, 1621 dawned fair and clear, warm for the season.  The settlers had long heard tales of their new neighbors, and even spotted a few back in November, at the modern-day “First Encounter Beach”, in Eastham.  There were wild stories of “cannibals” and “savages”, but none had yet been observed, at anything but a distance.  This morning, the newcomers realized that it was they who were being observed.

They were hurriedly arranging defenses when one of the “savages” approached the group, naked as the day he was born but for a leather fringe about his waist, holding a bow and two arrows.  Tall and straight with flowing black hair, the man walked straight up and introduced himself, to the astonishment of the group, in English.  He said his name was Samoset.

The following account appears in Mourt’s Relation (1622) written primarily by Edward Winslow and William Bradford:

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Samoset, “1st Friend” of the Pilgrims

Friday the 16th was a fair warm day….We were finishing our work, when a strange looking man, a man which caused us to be surprised becaused he seemed unafraid …. walked into the village. We stopped him. … He spoke to us in English, and was friendly. He said he had learned some English among the Englishmen that came to fish at Monhegan Island, and he gave us their names. He was a man who spoke freely and openly. We questioned him about many things. He was the first Indian we met. He said he was from Morattiggon (modern day Maine) and been 8 months in these parts…He asked for a drink and we gave him strong water and biscuit, and butter, and cheese, and pudding, and a piece of mallard (duck), all which he liked well. He said he had also eaten this food before with the English that had come before where he was from.

He told us the place where we now live was known as Patuxet by the Indians. Four years ago all the Indians who lived there died of a sickness and none were left, so they cannot hurt us, or to say the land where we now live belongs to them. All the afternoon we spent talking with him; we thought he would leave that night, but he did not leave. Then we thought to carry him on shipboard, and he intended to leave, but the wind was high and the water not deep enough so he could not return back that day. We lodged him that night at Stephen Hopkins house, and watched him.

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Southern New England tribal range, circa 1600

Samoset was a Sagamore (minor Chief) of the Abenaki tribe of modern-day Maine, visiting at that time with Ousamequin, the Pokanoket Sachem (leader) of the Wôpanâak (Wampanoag) and Massassoit (Great Sachem) of the Wampanoag Confederacy of southeastern Massachusetts and Rhode Island.

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This plaque is all that remains of the Pilgrim’s 1620 raid on the Nauset’s corn stash, in modern-day Truro, MA

Samoset warned the newcomers to beware the Nauset, later called “Cape Cod Indians”, a tribal unit of some one-hundred individuals sharing the Massachusett (Natick) language and occupying modern-day Cape Cod and surrounding islands. Small wonder.  Long before the large-scale colonization of the New World, European seafarers had kidnapped some twenty Nausets, and sold them into slavery, leaving in their wake diseases with which the native immune system was ill-equipped to deal.  It was a Nauset corn cache the Pilgrims themselves had plundered back in November, a stash laid up to take their people through the long, barren winter.

Samoset departed the following day, March 17, but returned on the 22nd with Tisquantum, (Squanto), one of the few surviving Pawtuxet.  A man who spoke better English than Samoset himself, Squanto would mediate between the settlers and the native tribes, including Massasoit.  Squanto taught the Pilgrims to plant corn: several kernels in a mound, buried with a fish head to enrich the soil.  When planted together in a circle, the “three sisters” would support one another and thrive together, the corn stalks acting as poles for the beans, and squash leaves providing ground cover & holding in moisture, while keeping weeds at bay.

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The Pawtuxet Squanto taught the Pilgrims what and where to plant, where to fish and how to hunt beaver

The newcomers reciprocated, teaching the natives about their own crops, with the aid of European farming tools.

“Days of Thanksgiving” took place in the New World as early September 8, 1565, when a group of Spaniards lead by explorer Pedro Menéndez de Avilé invited members of the Timucua tribe to a day of Thanksgiving in Saint Augustine, Florida.  Yet, the harvest feast of 1621, shared between the Pilgrims and the Pokanokets, is generally considered to be the basis for our own Thanksgiving holiday.

In the following months, the debt of corn was repaid to the Nauset people, who returned the favor by restoring a small boy to the colony, who’d been found lost and wandering in the woods.  The Nauset would become Christianized in the following years, turning out to be the European’s greatest allies.

Fairfield-WPA-Mural-Tomilson-High-School-FMHC_2014_Pano_Pequot_-800x272-1Years later, colonists would go to war against the Wampanoag people and ‘King Philip’, the English name for Metacomet, the son of Massasoit.  The Nauset would act as warriors and scouts against the Wampanoag people in King Philip’s War, a conflict which killed some 5,000 New England inhabitants, three quarters of whom were indigenous people.

In terms of the percentage killed of the overall population, King Philip’s War was over twice as costly as the American Civil War, and seven times that of the American Revolution.  But that must be a story for another day.

Feature image, top of page:  First Encounter Beach, Eastham Massachusetts

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

March 16, 1914 A Crime of Passion

Think of the OJ trial, only in this case, the killer was a former First Lady. This one had everything: Left vs. Right, the fall of the powerful, and all the salacious detail anyone could ask for.  French public and media alike were riveted by the Caillaux affair, disinterested and unheeding of the European crisis barreling down on them, like the four horsemen of the apocalypse.

We hear a lot in election years, about “Left” and “Right”.  “Liberal” and “Conservative”.

The terms have been with us a long time, originating in the early days of the French Revolution. In those days, National Assembly members supportive of the Monarchy sat on the President’s right.  Those favoring the Revolution, on the left. The right side of the seating arrangement began to thin out and disappeared altogether during the “Reign of Terror”, but re-formed with the restoration of the Monarchy, in 1814-1815. U5dtXeDhuSgqBYsRegyPZecZPy5MGQf_1680x8400By that time it wasn’t just the “Party of Order” on the right and the “Party of Movement” on the left. Now, the terms began to describe nuances in political philosophy, as well.

200 years later, philosophical differences between the Left and Right of the period, would be recognizable to political observers today.

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Joseph Cailloux

Joseph Cailloux (rhymes with “bayou”) was a left-wing politician, appointed Prime Minister of France in 1911. The man was indiscreet in his love life, even for a French politician. Back in 1907, Cailloux had paraded about with a succession of mistresses, finally carrying on with one Henriette Raynouard, while both were married to other people. By 1911, both were divorced.  That October, Henriette Raynouard became the second Mrs. Cailloux.

The political right considered Cailloux to be far too accommodating with Germany, with whom many felt war to be all but inevitable. While serving under the administration of President Raymond Poincare in 1913, Cailloux became a vocal opponent of a bill to increase the length of mandatory military service from two years to three, intended to offset the French population disadvantage conferred by France’s 40 million, compared with 70 million Germans.

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Madame Cailloux

Gaston Calmette, editor of the leading conservative newspaper Le Figaro, threatened to publicize love letters between the former Prime Minister and his second wife, written while both were still married for the first time.

Henriette Cailloux was not amused.

On March 16, 1914, Madame Cailloux took a taxi to the offices of Le Figaro. After being shown into Calmette’s office, the pair spoke briefly, before Henriette withdrew the Browning .32 automatic.  Cailloux fired six rounds at the editor. Two missed, but four were more than enough to do the job. Gaston Calmette was dead within six hours.

German Chancellor Otto von Bismarck once said the next great European war would begin with “some damn fool thing in the Balkans”.  No one realized it at the time, but Bismarck got his damn fool thing on June 28, when a Serbian Nationalist assassinated the heir apparent to the Austro-Hungarian throne, the Archduke Franz Ferdinand.

Henriette_Caillaux (1)The July Crisis of 1914 was a series of diplomatic maneuverings, culminating in the ultimatum from Austria-Hungary to the Kingdom of Serbia. Vienna, with tacit support from Berlin, made plans to punish Serbia for her role in the assassination, while Russia mobilized armies in support of her Slavic ally.

There is a common but mistaken notion that Imperial Germany “started” World War I, but it isn’t so.  Kaiser Wilhelm was a famous “saber rattler”, but actually going to war with the other major European powers, was another matter.

It was Germany’s weaker ally Austria-Hungary which, having received vague assurances of German support, pursued a policy of unreasoning belligerence against  Serbia.

German Foreign Minister Gottlieb von Jagow was away on honeymoon, during key periods of the July crisis.  The Kaiser himself was out of touch, cruising the Norwegian fjords.  That cruise has been called the most expensive maritime disaster, in history.

On being informed of the decision to mobilize, the Kaiser told his General Staff “Gentlemen, you will regret this.”

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SMY Hohenzollern II, which Emperor Wilhelm II used on annual extended Nordlandfahrt cruises to Norway. All told, he spent four years living on board.

Meanwhile, England and France looked the other way.  In Great Britain, officialdom was focused on yet another home rule crisis concerning Ireland, while all of France was distracted by the “Trial of the Century”.

Madame Caillaux’s trial for the murder of Gaston Calmette began on July 20.  Think of the OJ trial, only in this case, the killer was a former First Lady. This one had everything: Left vs. Right, the fall of the powerful, and all the salacious detail anyone could ask for.  French public and media alike were riveted by the Caillaux affair, disinterested and unheeding of the European crisis barreling down on them, like the four horsemen of the apocalypse.

The trial ended in acquittal on July 28, the jury ruling the murder to have been a “crime passionnel”.  A crime of passion. That same day, Austria-Hungary declared war on Serbia.

542375879In the days that followed, the Czar would begin the mobilization of men and machines which would place Imperial Russia on a war footing. Kaiser Wilhelm’s Germany invaded Belgium, in pursuit of the one-two punch strategy by which it sought first to defeat France, before turning to face the “Russian Steamroller”. England declared war in support of a 75-year-old commitment to protect Belgian neutrality, a treaty obligation German diplomats had dismissed as a “scrap of paper”.

An event which could have resulted in little more that a policing action in the Balkans, was about to explode into the “War to End All Wars”.  Edward Grey, 1st Viscount Grey of Fallodon said “The lamps are going out all over Europe: we shall not see them lit again in our life-time.” Eleven million military service members and seven million civilians who were alive in July 1914, would not live to see the other side.

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

March 14, 1743 Town Meeting

The 19th century naturalist Henry David Thoreau captured the spirit of the age, in comparing town meeting to more top-down styles of government.  “On any moral question”, he said, “I would rather have the opinion of Boxboro than of Boston and New York put together…

When it comes to American politics, it has often been said that “All politics is local”.  The saying is commonly associated with former Speaker Tip O’Neill, but the notion goes back, long before his time.  When it comes to self-governance, it’s hard to know what could be more local, than the body known as Town Meeting.

The town meeting form of local government is found in parts of the United States, where some localities elect town meeting members, and others where citizens who simply “show up”.  The roots go back to 11th century Anglo Saxon England and before, the Old English “moot” or “mot,” deriving from the same root which gave us “meet”.  Most often used in “gemot,” meaning “community meeting to discuss public affairs and policies”, this parliamentary forebear was known as the “Witenagemot,” literally “meeting of wise men”.

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Foreign dignitaries appearing before an Anglo-Saxon King and the Witenagemot

The Basque region of northern Spain has held Town Meeting since the middle ages. Residents of a town would meet at the “Anteiglesia” (“in front of the church”) to vote on local matters, and to elect representatives to the regional assembly. All but the largest 10% of municipalities in Switzerland still use town meetings for their usual legislative body.

Southern American populations were more widely scattered in colonial America, where in New England, shorter distances encouraged regular town meetings, instilling in our forebears the belief that they could (and should) govern themselves.

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Town Meeting in Colonial America

The 1st American town meeting took place on March 14, 1743 in Faneuil Hall, Boston. Faneuil Hall was given to the city by the merchant Peter Faneuil in 1742.  Destroyed by fire in 1761, the place was rebuilt the following year.  It was here that colonists gathered to protest the Sugar Act in 1764, and here where you may have first heard the protest, “no taxation without representation.”  Faneuil Hall became the scene of Revolutionary meetings, today this Birthplace of the Revolution is described by many as “the cradle of liberty.” Charles Bulfinch enlarged the hall in 1806, and the building is still in use today as a market, gathering place, meeting hall, and living museum.

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Faneuil Hall Marketplace in 1944

The southern part of Burlington Vermont was re-chartered in 1971 as the City of South Burlington, the new charter providing that only budget increases of 10% or more annually be placed before town meeting. The results have been predictable and it’s unlikely that there will be any such exceptions in the future.

320px-Walden_ThoreauTown meetings have been more prevalent in New England states, but not exclusively.  Michigan was the first Midwestern state to adopt the system, and Minnesota townships of more than 25 regularly hold town meeting.

The town meeting continues today as a form of direct democratic rule, in which members of a community come together to legislate and direct policy and budgets for local government.

The 19th century naturalist Henry David Thoreau captured the spirit of the age, in comparing town meeting to more top-down styles of government.  “On any moral question”, he said, “I would rather have the opinion of Boxboro than of Boston and New York put together… When, in some obscure country town, the farmers come together to a special town-meeting, to express their opinion on some subject which is vexing the land, that, I think, is the true Congress, and the most respectable one that is ever assembled in the United States”.

William F. Buckley, Jr., was rather more pithy, when he said “I am obliged to confess I should sooner live in a society governed by the first two thousand names in the Boston telephone directory than in a society governed by the two thousand faculty members of Harvard University”.

Feature image, top of page:  41 men sign the Mayflower Compact off Provincetown Harbor, the first written framework of self-government, in the New World.  November 11, 1620.

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

March 6, 1857 Dred Scott

Dred Scott had lost at virtually every turn, only to win his freedom at the hands of the family which had once held him enslaved.

Dred Scott, his full name may have been “Etheldred”, was born into slavery in Southampton County, Virginia, sometime in the late 1790s.  In 1818, Scott belonged to Peter Blow, who moved his family and six slaves to Alabama, to attempt a life of farming. The farm near Huntsville was unsuccessful and the Blow family gave up the effort, moving to St. Louis Missouri in 1830, to run a boarding house. Around this time, Dred Scott was sold to Dr. John Emerson, a surgeon serving in the United States Army.

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Dred & Harriet Scott’s restored quarters, at Ft. Snelling

As an army officer, Dr. Emerson moved about frequently, bringing Scott with him. In 1837, Emerson moved to Fort Snelling in the free territory of Wisconsin, now Minnesota. There, Scott met and married Harriet Robinson, a slave belonging to fellow army doctor and Justice of the Peace, Lawrence Taliaferro. Taliaferro, who presided over the ceremony, transferred Harriet to Emerson, who continued to regard the couple as his slaves. Emerson moved away later that year, leaving the Scotts behind to be leased by other officers.

The following year, Dr. Emerson married Eliza Irene Sanford, and sent for the Scotts to rejoin him in Fort Jesup, in Louisiana. Harriett gave birth to a daughter while on a steamboat on the Mississippi, between the free state of Illinois and the Iowa district of the Wisconsin Territory.

images (25)Dr. Emerson died in 1842, leaving his estate to his wife Eliza, who continued to lease the Scotts out as hired slaves.

Four years later, Scott attempted to buy his freedom for the sum of $300, equivalent to about $8,000 today. Mrs. Emerson declined the offer and Scott took legal recourse. By this time, Dred and Harriett Scott had two daughters, who were approaching an age where their value would be greatly increased, should they be sold as slaves. Wanting to keep his family together, Scott sued.

Ironically, Dred Scott’s suit in state court, Scott v. Emerson, was financially backed by three now-adult Blow children, who had since become abolitionists. The legal position stood on solid ground, based on the doctrine “Once free, always free”. The Scott family had resided in free states and territories for two years, and their eldest daughter was born on the Mississippi River, between a free state and a free territory.

The verdict went against Scott but the judge ordered a retrial, which was held in January, 1850. This time, the jury ruled in favor of Dred Scott’s freedom. Emerson appealed and the Missouri supreme court struck down the lower court ruling, along with 28 years of Missouri precedent.

By 1853, Eliza Emerson had remarried and moved to Massachusetts, transferring ownership of the Scott family to her brother, John Sanford. Scott sued in federal district court, on the legal basis that the federal courts held “diversity jurisdiction”, since Sanford lived in one state (New York), and Scott in another (Missouri). Dred Scott lost once again and appealed to the United States Supreme Court, a clerical misspelling erroneously recording the case as Dred Scott v. Sandford.

On March 6, 1857, Chief Justice Roger B. Taney delivered the 7-2 majority opinion, enunciating one of the stupidest decisions, in the history of American jurisprudence:
“[Americans of African ancestry] had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it”.

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Frederick Douglass

The highest court in the land had ruled that slaves were private property and not citizens, with no right to legal recourse. Furthermore, the United States Congress had erred in attempting to regulate slavery in the territories, and had no right to revoke the property rights of a slave owner, based on his place of residence.

The response to the SCOTUS opinion was immediate, and vehement. Rather than settle the issue of slavery, the decision inflamed public opinion, dividing an already fractured country, further. Frederick Douglass assailed Chief Justice Taney’s opinion, noting that:

“We are now told, in tones of lofty exultation, that the day is lost all lost and that we might as well give up the struggle. The highest authority has spoken. The voice of the Supreme Court has gone out over the troubled waves of the National Conscience, saying peace, be still . . . The Supreme Court of the United States is not the only power in this world. It is very great, but the Supreme Court of the Almighty is greater”.

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Dred Scott, photograph circa 1857

The Supreme Court had spoken, but the Dred Scott story was far from over.  Eliza Irene Emerson’s new husband was Calvin C. Chaffee, a member of the United States Congress, and an abolitionist.

Following the Dred Scott decision, the Chaffees deeded the Scott family over to Henry Taylor Blow, now a member of the United States House of Representatives from Missouri’s 2nd Congressional district, who manumitted the family on May 26. Dred Scott had lost at virtually every turn, only to win his freedom at the hands of the family which had once held him enslaved.

For Harriett and the two Scott daughters, it was the best of all possible outcomes.  For Scott himself, freedom was short-lived.  Dred Scott died of tuberculosis, the following year.

Nationally, the Dred Scott decision had the effect of hardening enmities already nearing white-hot, increasing animosities within and between pro- and anti-slavery factions in North and South, alike. Politically, the Democratic party was broken into factions and severely weakened,  while the fledgling Republican party was strengthened, as the nation was inexorably drawn to Civil War.

Slaves Issues Plague the Democratic Party

The issue of Black citizenship was settled in 1868, via Section 1 of the 14th Amendment, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside …”

Dred Scott is buried in the Calvary Cemetery in St. Louis, Missouri. The marker next to his headstone reads: “In Memory Of A Simple Man Who Wanted To Be Free.”

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

February 25, 1921 Fellow Traveler

In the 1930s, many believed that International Communism was “winning”. The capitalist west was plunged into a Great Depression that it couldn’t seem to get its arms around, while the carefully controlled propaganda of Stalin’s Soviet Union did everything it could to portray itself as a “workers’ paradise”.

In the wake of the “Great War” and the Bolshevik revolution in Russia, American authorities became increasingly alarmed concerning the rise of radical Leftism.

00000744Far-left anarchists mailed no fewer than 36 dynamite bombs to prominent political and business leaders in April 1919, alone. In June, another nine far more powerful bombs destroyed churches, police stations and businesses.

Attorney General A. Mitchell Palmer had one hand delivered to his home by anarchist Carlo Valdinoci, who did something wrong and somehow managed blow himself to bits on the AG’s doorstep. Palmer attempted to suppress these radical organizations in 1919-20, but his searches and seizures were frequently illegal, his arrests and detentions without warrant, and his deportations questionable.

436398aceb9a0d77db5df9e6439394aa--red-scare-open-handsTo this day there are those who describe the period as the “First Red Scare”, as a way to ridicule the concerns of the era. The criticism seems unfair. The thing about history, is that we know how their story ends. The participants don’t, any more than we know what the future holds for ourselves.

Looking over the international tableau of the time, the largest nation on the planet had fallen to communism, in 1917. The Red Army offensive of 1920 drove into Poland, almost as far as Warsaw. The “Peace of Riga”, signed in 1921 split off parts of Belarus and Ukraine, making them parts of Soviet Russia. On this day in 1921, Bolshevist Russian forces occupied Tbilisi, capital of the Democratic Republic of Georgia.

In the 1930s, many believed that International Communism was “winning”. The capitalist west was plunged into a Great Depression that it couldn’t seem to get its arms around, while the carefully controlled propaganda of Stalin’s Soviet Union did everything it could to portray itself as a “workers’ paradise”.

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Whittaker Chambers

Whittaker Chambers was one of those who believed the winning side to be on the political Left, and joined the Communist Party of the United States (CPUSA) in 1925. Chambers worked for a time as a writer at the Party’s newspaper “Daily Worker”, before becoming editor of “New Masses”, the Party’s literary magazine.

From the early to mid-thirties, Chambers delivered messages and received documents from Soviet spies in the government, photographing them himself or delivering them for Soviet intelligence agents to photograph. At some point, Chambers’ idealism began to waver, with the realization that he was supporting a murderous regime. By 1939, he joined the staff of Time Magazine, where he pushed a strong anti-communist line.

A series of legislative committees were formed between 1918 and the outbreak of WWII to investigate this series of threats, though these committees sometimes did more to construct the image of a threat than they did to stop one. It was in this context that HUAC, the House Committee on Un-American Activities was formed in 1938, becoming a “standing” (permanent) committee in 1945.

Alger Hiss
Alger Hiss

Whittaker Chambers warned about communist sympathizers in the Roosevelt administration as early as 1939, the FBI interviewed him in 1942.  Government priorities began to change n the wake of WWII, and Chambers was summoned to testify on August 3, 1945, where he named Alger Hiss and others as Communists.

A graduate of Johns Hopkins and Harvard Law School who had clerked for Supreme Court Justice Oliver Wendell Holmes, Alger Hiss seemed an unlikely communist. He had gone on to practice law in Boston and New York before returning to Washington to work on President Franklin Roosevelt’s “New Deal”, winding up at the State Department as an aide to Assistant Secretary of State Francis B. Sayre, former President Woodrow Wilson’s son-in-law. By this time Hiss was a high ranking official in the State Department.

Hiss flatly denied Chambers’ charges, filing suit for defamation of character in December. Chambers escalated in his 1948 deposition for the suit, claiming that, not only was Hiss a communist sympathizer, he was also a spy.

pumpkinBefore defecting from the Left, Chambers had secreted documents and microfilms, some of which he hid inside a pumpkin at his Maryland farm. The collection was known as the “Pumpkin Papers”, consisting of incriminating documents, written in what appeared to Hiss’ own hand, or typed on his Woodstock no. 230099 typewriter.

Defending himself, Hiss claimed to have given the typewriter to his maid, Claudia Catlett. When the idiosyncrasies of Hiss’ machine were demonstrated to be consistent with the documents, he then claimed that Chambers’ team including freshman member of Congress Richard M. Nixon, must have modified the typeface on a second typewriter to mimic his own.

woodstockHiss’ theory never explained why Chambers side needed another typewriter, if they’d had the original long enough to mimic its imperfections with a second.

Alger Hiss’ first trial for lying to a Grand Jury ended with a hung jury, 8-4.  A second trial began on November 17, found him guilty of perjury on January 21, 1950.  Hiss maintained that he was innocent but lost his conviction, and served 44 months in Lewisburg Federal Penitentiary before being released in 1954.

What many saw as a devoted civil servant maligned by the anti-communist hysteria of the 1940, others believed to be a liar and enemy agent.  Alger Hiss went to his grave in 1996, protesting his innocence.

Soviet-era cables, decrypted through a now-declassified program called the “Venona Project”, seem to convict him beyond a reasonable doubt of being a soviet agent. Venona transcript #1822, sent in March 1945 from the Soviet Washington station chief to Moscow, describes the subject codenamed ALES as having attended the February 4–11, 1945 conference at Yalta, before traveling to Moscow. Hiss attended Yalta on these dates, before going to Moscow with Secretary of State Edward Stettinius.

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Historians John Earl Haynes and Harvey Klehr report that the Venona transcripts tie approximately 349 Americans to Soviet intelligence, though fewer than half that number were ever identified.  The Office of Strategic Services alone, precursor to the CIA, housed between fifteen and twenty Soviet spies.

The CIA’s official conclusion, based on the CIA.gov on-line library is that “Although no specific file on Hiss has been released from the KGB or GRU archives, enough material has been found in other files–in Moscow, Eastern Europe, and Washington–to enable historians to write several new works that leave almost no room for doubt about Hiss’ guilt”.

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February 24, 1917  The Zimmermann Telegram

“We intend to begin on the first of February unrestricted submarine warfare. We shall endeavor in spite of this to keep the United States of America neutral. In the event of this not succeeding, we make Mexico a proposal of alliance on the following basis: make war together, make peace together, generous financial support and an understanding on our part that Mexico is to reconquer the lost territory in Texas, New Mexico, and Arizona”.

On May 10, 1915, President Woodrow Wilson gave what came to be known as his “Too Proud to Fight Speech” in which he said:  “The example of America must be the example not merely of peace because it will not fight, but of peace because peace is the healing and elevating influence of the world and strife is not. There is such a thing as a man being so right it does not need to convince others by force that it is right”.

Lusitania sinkingThough Wilson didn’t mention it directly, HMS Lusitania had been torpedoed only three days earlier with the loss of 1,198, 128 of whom were Americans.

No one doubted that the attack on the civilian liner was foremost on the President’s mind.  Back in February, Imperial Germany had declared a naval blockade against Great Britain, warning that “On and after February 18th every enemy merchant vessel found in this region will be destroyed, without its always being possible to warn the crews or passengers of the dangers threatening“.  “Neutral ships” the announcement continued, “will also incur danger in the war region“.

Lusitania warningThe reaction to the Lusitania sinking was immediate and vehement, portraying the attack as the act of barbarians and huns and demanding a German return to “prize rules”, requiring submarines to surface and search merchantmen while placing crews and passengers in “a place of safety”.

Imperial Germany protested that Lusitania was fair game, as she was illegally transporting munitions intended to kill German boys on European battlefields. Furthermore, the embassy pointed out that ads had been taken out in the New York Times and other newspapers, specifically warning that the liner was subject to attack.

Nevertheless, the German policy of unrestricted submarine warfare was suspended for a time, for fear of bringing the US into the war against Germany.

President Wilson was elected back in 1912, talking about the sort of agrarian utopia favored by Thomas Jefferson.  In 1916, the election was about war and peace.  Wilson won re-election on the slogan “He kept us out of war”, but it hadn’t been easy.  In Europe, WWI was in its second year while, to our south, Mexico was going through a full-blown revolution.  Public opinion had shifted in favor of England and France by this time.  The German resumption of unrestricted submarine warfare, threatened to tip the balance.

With Great Britain holding naval superiority on the surface, Germany had to do something to starve the British war effort.  In early 1917, chief of the Admiralty Staff Admiral Henning von Holtzendorff argued successfully for the resumption of unrestricted submarine warfare, the policy to take effect on February 1.

Anticipating the results of such a move, German Foreign Secretary Arthur Zimmermann dispatched a telegram to German ambassador to Mexico Heinrich von Eckardt on January 19, authorizing the ambassador to propose a military alliance with Mexico, in the event of American entry into the war.  “We intend to begin on the first of February unrestricted submarine warfare. We shall endeavor in spite of this to keep the United States of America neutral. In the event of this not succeeding, we make Mexico a proposal of alliance on the following basis: make war together, make peace together, generous financial support and an understanding on our part that Mexico is to reconquer the lost territory in Texas, New Mexico, and Arizona”.

housatonic-4-facta-nautica-1000x544The American cargo vessel SS Housatonic was stopped off the southwest coast of England on February 3, and boarded by German submarine U-53.  Captain Thomas Ensor was interviewed by Kapitänleutnant Hans Rose, who explained he was sorry, but Housatonic was “carrying food supplies to the enemy of my country”.  She would be destroyed.  The American Captain and crew were allowed to launch lifeboats and abandon ship, while German sailors raided the American’s soap supplies.  Apparently, WWI-vintage German subs were short on soap.

Housatonic was sunk with a single torpedo, the U-Boat towing the now-stranded Americans toward the English coast.  Sighting the trawler Salvator, Rose fired his deck guns to be sure they’d been spotted, and then slipped away.  It was February 3, 1917.

SS_CaliforniaPresident Woodrow Wilson retaliated, breaking off diplomatic relations with Germany the following day. Three days later, a German U-boat fired two torpedoes at the SS California, off the Irish coast. One missed, but the second tore into the port side of the 470-foot, 9,000-ton steamer. California sank in nine minutes, killing 43 of her 205 passengers and crew.

In Mexico, a military commission convened by President Venustiano Carranza quickly concluded that the German proposal was unviable, but the damage was done.  British code breakers intercepted the Zimmermann telegram, divulging the contents to the American government on February 24.

images (22)The contents of Zimmermann’s note were published in the American media on March 1.  Even then, there was considerable antipathy toward the British side, particularly among Americans of German and Irish ethnicity.  “Who says this thing is genuine, anyway”, they might have said.  “Maybe it’s a British forgery”.

Zimmermann himself put an end to such speculation two days later, telling an American journalist, “I cannot deny it. It is true.” What Zimmermann had hoped that Americans would see as mere contingency, public opinion in the US saw as an unforgivable betrayal of American neutrality.

The combination of events was the last straw.  Wilson’s War Cabinet voted unanimously for a declaration of war on March 20.  The President himself delivered his war address before a joint session of Congress, two weeks later.  The United States entered the “war to end all wars”, on April 6.

Afterward

At the time, the German claim that Lusitania carried contraband munitions seemed to be supported by survivors’ reports of secondary explosions within the stricken liner’s hull. In 2008, the UK Daily Mail reported that dive teams had reached the wreck, lying at a depth of 300′. Divers reported finding tons of US manufactured Remington .303 ammunition, about 4 million rounds, stored in unrefrigerated cargo holds in cases marked “Cheese”, “Butter”, and “Oysters”.

Lusitania, ammunition

February 23, 1836  The Lexington of Texas

“If my countrymen do not rally to my relief, I am determined to perish in the defense of this place, and my bones shall reproach my country for her neglect.”

Following the Mexican War of Independence with Spain, (1810 – 1821), Texas became a part of Mexico.  In 1831, Mexican authorities gave the settlers of Gonzales a small swivel cannon, a defense against the raids of the Comanche.  The political situation deteriorated in the following years.  By 1835, several Mexican states were in open revolt.  That September, commander of “Centralist” (Mexican) troops in Texas Colonel Domingo de Ugartechea, came to take it back.

Dissatisfied with the increasingly dictatorial policies of President and General Antonio Lopez de Santa Anna, the colonists had no intention of handing over that cannon.  One excuse was given after another to keep the Mexican dragoons out of Gonzalez, while secret pleas for help went out to surrounding communities.  Within two days, 140 “Texians” had gathered in Gonzalez, fashioning a flag that echoed some 2,315 years through history, King Leonidas’ defiant response to the Persian tyrant, Xerxes:   “Come and Take it.”

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Militarily, the skirmish of October 2 had little significance, much the same as the early battles in the Massachusetts colony, some sixty years earlier.  Politically, the “Lexington of Texas” marked a break between Texian settlers, and the Mexican government.

Settlers continued to gather, electing the well-respected local and former legislator of the Missouri territory Stephen F. Austin, as their leader.  Santa Anna sent his brother-in-law, General Martin Perfecto de Cos to reinforce the settlement of San Antonio de Béxar, near the modern city of San Antonio.  On the 13th, Austin led his Federalist army of Texians and their Tejano allies to Béxar, to confront the garrison.  Austin’s forces captured the town that December, following a prolonged siege. It was only a matter of time before Santa Anna himself came to take it back.

Two forts – more like lonely outposts – blocked the only approaches from the Mexican interior into Texas: Presidio La Bahía (Nuestra Señora de Loreto Presidio) at Goliad and the Alamo at San Antonio de Béxar.  That December, a group of volunteers led by George Collinsworth and Benjamin Milam overwhelmed the Mexican garrison at the Alamo, and captured the fort  The Mexican President arrived on February 23 at the head of an army of 3,000, demanding its surrender.  Lieutenant Colonel William Barret “Buck” Travis, responded with a cannon ball.

Knowing that his small force couldn’t hold for long against such an army, Travis sent out a series of pleas for help and reinforcement, writing “If my countrymen do not rally to my relief, I am determined to perish in the defense of this place, and my bones shall reproach my country for her neglect.” 32 troops attached to Lt. George Kimbell’s Gonzales ranging company made their way through the enemy cordon and into the Alamo on March 1. There would be no more.

Alamo-Weight-Loss-Motivation-2Estimates of the Alamo garrison have ranged between 189 and 257 at this stage, but current sources indicate that defenders never numbered more than 200.

On March 2, 1836, the interim government of Texas signed the Texas Declaration of Independence.  The final assault on the Alamo began at 5:00am, four days later. 1,800 troops attacked from four directions.  600 to 1,600 were killed from concentrated artillery fire and close combat, but the numbers were overwhelming. Hand to hand fighting moved to the barracks after the walls were breached, and ended in the chapel.

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As many as seven defenders still lived when it was over, many believe that former Congressman Davy Crockett was among them. Santa Anna ordered them summarily executed. By 8:00am there were no survivors, except for a handful of noncombatant women, children, and slaves, slowly emerging from the smoking ruins. These were provided with blankets and two dollars apiece, and given safe passage through Mexican lines with the warning:  a similar fate awaited any Texan who continued in their revolt.

Three weeks later following the Battle of Coleto, 350 Texian prisoners were murdered by the Mexican army under direct orders from Santa Anna, an event remembered as the Goliad massacre.

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Measuring 570′, the San Jacinto Monument is the world’s longest masonry column

The ranks of Sam Houston’s unit swelled with volunteers, as Houston’s army retreated eastward, along with the provisional government and hordes of civilians.  Houston’s green and inexperienced force of 1,400, were now all that stood on the side of Texan independence.

On April 21, a force of some 900 Texans shouting “Remember the Alamo!” & “Remember Goliad!” and led by Sam Houston defeated Santa Anna’s force of some 1,300 at San Jacinto, near modern day Houston.  In “one of the most one-sided victories in history” 650 Mexican soldiers were killed in eighteen minutes and another 300 captured, compared with 11 Texians dead and another 30 wounded, including Houston itself.    Mexican troops occupying San Antonio were ordered to withdraw, by May.

Intermittent conflicts continued into the 1840s between Texas and Mexico, but the outcome was never again placed in doubt.  Texas became the 28th state of the United States on December 29, 1845.

As for Santa Anna, he went on to lose a leg to a cannon ball two years later, fighting the French at the Battle of Veracruz. Following amputation, the leg spent four years buried at Santa Anna’s hacienda, Manga de Clavo. When Santa Anna resumed the presidency in late 1841, he had the leg dug up and placed in a crystal vase, brought amidst a full military dress parade to Mexico City and escorted by the Presidential bodyguard, the army, and cadets from the military academy. This guy was nothing if not a self-promoter.

The leg was reburied in an elaborate ceremony in 1842, including cannon salvos, speeches, and poetry read in the General’s honor. The state funeral for Santa Anna’s leg was attended by his entire cabinet, the diplomatic corps, and the Congress.

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Antonio Lopez de Santa Anna served 11 non-consecutive terms as Mexican President, spending most of his later years in exile in Jamaica, Cuba, the United States, Colombia, and St. Thomas. In 1869, the 74-year-old former President was living in Staten Island, trying to raise money for an army to return and take over Mexico City. Santa Anna is credited with bringing the first shipments of chicle to America, a gum-like substance made from the tree species, Manilkara chicle, and trying to use the stuff as rubber on carriage tires.

Thomas Adams, the American assigned to aid Santa Anna while he was in the US, also experimented with chicle as a substitute for rubber. He bought a ton of the stuff from the General, but his experiments would likewise prove unsuccessful. Instead, Adams helped to found the American chewing gum industry with a product called “Chiclets”.

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

February 22, 2005 Not for Sale

“Something has gone seriously awry with this Court’s interpretation of the Constitution”, Thomas wrote. “Though citizens are safe from the government in their homes, the homes themselves are not”.

In 1775, Connecticut Governor Jonathan Trumbull proposed a fortification at the port of New London, situated on the Thames River and overlooking Long Island Sound. The fort was completed two years later and named for the Governor. During the Revolution, Fort Trumbull was attacked and occupied by British forces, for a time commanded by the turncoat American General, Benedict Arnold.

By the early 20th century, the Fort Trumbull neighborhood consisted of 90 or so single and multi-family working class homes, situated on a peninsula along the fringes of a mostly industrialized city center.

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In 2000, Susette Kelo and her “little pink house” became the main plaintiff in the Supreme Court eminent domain case, “Kelo v. New London”

In 1996, chemists working at Pfizer Corporation’s research facility in England were studying compound UK-92, 480 or “Sildenafil Citrate”, synthesized for the treatment of a range of thoracic circulatory conditions.  Study subjects were expected to return unused medication at the end of the trial. Women showed no objection to doing so but a significant number of male subjects refused to give it back. It didn’t take long to figure out what was happening.  The chemical compound which would one day bear the name “Viagra”, had revealed itself to be useful in other ways.

For the newly divorced paramedic Susette Kelo, the house overlooking the Fort Trumbull waterfront was the home of her dreams. Long abandoned and overgrown with vines, the little Victorian cottage needed a lot of work, but where else was she going to find a waterfront view at such a price?  It was 1997, about the time that Connecticut and New London politicians resurrected the long-dormant New London Development Corporation (NLDC), in an attempt to revitalize the city’s waterfront.

Susette Kelo sanded her floors on hands and knees as Pfizer Corporation, already occupying the largest office complex in the city, was looking at a cataract of new business based on their latest chemical compound. The company was recruited to become the principal tenant in a “World Class” multi-use waterfront campus, including high-income housing, hotels, shopping and restaurants, all centered around a 750,000 sq. ft. corporate research facility.

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Bill von Winkle stands in front of two properties he owns in the Fort Trumbull neighborhood of New London, CT

Connecticut College professor and NLDC President Dr. Claire Gaudiani liked to talk about her “hip” new development project.  Fort Trumbull residents were convinced that stood for “High Income People”. With an average income of $22,500, that didn’t include themselves.

Most property owners agreed to sell, though not exactly “voluntarily”.  There was considerable harassment of the reluctant ones, including late-night phone calls, waste dumped on properties, and tenants locked out of apartments during cold winter weather.

Seven homeowners holding fifteen properties refused to sell, at any price. Wilhelmina Dery was in her eighties. She was born in her house and she wanted to die there. The Cristofaro family had lost another New London home in the ’70s, taken by eminent domain during yet another “urban renewal” program. They didn’t want to lose this one, too.

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Susette Kelo and her “little pink house”

In 2000, Susette Kelo came home from work the day before Thanksgiving, to find an eviction notice taped to her door.

Letters were written to editors and protest rallies were held, as NLDC and state officials literally began to bulldoze homes. Holdout property owners were left trying to prevent personal injury and property damage, from flying demolition debris.

Facing a prolonged legal battle which none of the homeowners could afford, the group got a boost when the Libertarian law firm Institute for Justice took their case pro bono. There was cause for hope. Retired homeowner Vera Coking had faced a similar fight against Now-President Donald Trump’s development corporation back in 1993, when the developer and Atlantic City New Jersey authorities attempted to get her house condemned to build a limo lot.

KeloAfterWreck0209Eminent domain exists for a purpose, but the most extreme care should be taken in its use. Plaintiffs argued that this was not a “public use”, but rather a private corporation using the power of government to take their homes for economic development, a violation of both the takings clause of the 5th amendment and the due process clause of the 14th.

Vera Coking won her case against the developer and the municipality.  The casino itself later failed and closed its doors. New London District Court, with Susette Kelo lead plaintiff, “split the baby”, ruling that 11 out of 15 takings were illegal and unconstitutional. At that point, the ruling wasn’t good enough for the seven homeowners. They had been through too much.  All of them would stay, or they would all go.

Connecticut’s highest court reversed the decision, throwing out the baby AND the bathwater in a 3-4 decision. The United States Supreme Court agreed to hear the case, argued before the seven justices then in attendance on February 22, 2005.

SCOTUS ruled in favor of New London in a 5-4 decision, Justices Stevens, Kennedy, Souter, Ginsburg and Breyer concurring. Seeing the decision as a reverse Robin Hood scheme that would steal from the poor to give to the rich, Sandra Day O’Connor wrote “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms“.

20110325_26_300x400Clarence Thomas took an originalist view, stating that the majority opinion had confused “Public Use” with “Public Purpose”. “Something has gone seriously awry with this Court’s interpretation of the Constitution“, Thomas wrote. “Though citizens are safe from the government in their homes, the homes themselves are not“.  Antonin Scalia concurred, seeing any tax advantage to the municipality as secondary to the taking itself.

In the end, most of the homes were destroyed or relocated. State and city governments spent $78 million and bulldozed 70 acres.  The 3,169 new jobs and the $1.2 million in new tax revenue anticipated from the waterfront development, never materialized.  Pfizer backed out of the project, moving 1,400 existing jobs to a campus it owns in nearby Groton.  The move was completed around the time when tax breaks were set to expire, raising the company’s tax bill by 500%.

Susette Kelo sold her home for a dollar to Avner Gregory, a preservationist who dismantled the little pink house and moved it across town.  A monument to what Ambrose Bierce once called “The conduct of public affairs for private advantage”.

Movie Trailer and feature image above from the film “Little Pink House”, scheduled for release in April, 2018.

In 2011, the now-closed redevelopment area became a dumping ground for debris left by Hurricane Irene.  The only residents, were feral cats.

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“Michael Cristofaro in the field in New London, Conn., where his parents lived. The city seized the land for a private “urban village” that was never built. Pfizer’s complex is in the background”. Credit Christopher Capozziello for The New York Times

February 18, 1977 Plain of Jars

A map of the world is dotted with such ancient stone megaliths, from Easter Island in the South Pacific to the Carnac Stones of France, and the stone spheres of Costa Rica.  Among all of them, there is no story more mysterious, or more tragic, than the Plain of Jars.

Yonaguni Island, the westernmost inhabited island of the Japanese archipelago, lies about 60 miles across the straits of Taiwan.  The place is a popular dive destination, due to (or possibly despite) a large population of hammerhead sharks.

Yonaguni

In 1987, divers discovered an enormous stone formation, with angles and straight lines seemingly too perfect to have been formed by nature.   If this “Yonaguni Monument” is in fact a prehistoric stone megalith, it would have to have been carved 8,000 to 10,000 years ago when the area was last dry,  radically changing current ideas about prehistoric construction.

A map of the world is dotted with such ancient stone megaliths, from Easter Island in the South Pacific to the Carnac Stones of France, and the stone spheres of Costa Rica.  Among all of them, there is no story more mysterious, or more tragic, than the Plain of Jars.

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Deep in the heart of the Indochinese peninsula of mainland Southeast Asia lies the Lao People’s Democratic Republic, (LPDR), informally known as Muang Lao or just Laos.  To the north of the country lies the Xiangkhouang Plateau, known in French as Plateau du Tran-Ninh, situated between the Luang Prabang mountain range separating Laos from Thailand, and the Annamite Range along the Vietnamese border.

Twenty-five hundred to fifteen-hundred years ago, a now-vanished race of bronze and iron age craftsmen carved stone jars out of solid rock, ranging in size from 3 ft. to 9 ft. or more.  There are thousands of these jars, located at 90 separate sites and containing between one and four hundred apiece.

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Most of these jars have carved rims but few have lids, leading researchers to speculate that lids were formed from organic material such as wood or leather.

Lao legend has it that the jars belonged to a race of giants, who chiseled them out of sandstone, granite, conglomerate, limestone and breccia to hold “lau hai”, or rice beer.  More likely they were part of some ancient funerary rite, where the dead and the about-to-die were inserted along with personal goods and ornaments such as beads made of glass and carnelian, cowrie shells and bronze bracelets and bells.  There the deceased were “distilled” in a sitting position, later to be removed and cremated, their remains then going through secondary burial.

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Map of Laos showing Xieng Khouang province, location of the Plain of Jars

These “Plain of Jars” sites might be some of the oldest burial grounds in the world, but be careful if you go there.  The place is the most dangerous archaeological site, on earth.

With the final French stand at Dien Bien Phu a short five months in the future, France signed the Franco–Lao Treaty of Amity and Association in 1953, establishing Laos as an independent member of the French Union. The Laotian Civil War broke out that same year between the Communist Pathet Lao and the Royal Lao Government, becoming a “proxy war” where both sides received heavy support from the global Cold War superpowers.

Concerned about a “domino effect” in Southeast Asia, US direct foreign aid to Laos began as early as 1950.  Five years later the country suffered a catastrophic rice crop failure.  The CIA-operated Civil Air Transport (CAT) flew over 200 missions to 25 drop zones, delivering 1,000 tons of emergency food.  By 1959, the CIA “air proprietary” was operating fixed and rotary wing aircraft in Laos, under the renamed “Air America”.

220px-Plainofjars_1The Geneva Convention of 1954 partitioned Vietnam at the 17th parallel, and guaranteed Laotian neutrality.  North Vietnamese communists had no intention of withdrawing from the country or abandoning their Laotian communist allies, any more than they were going to abandon the drive for military reunification, with the south.

Chief of Naval Operations Admiral Arleigh Burke warned the Joint Chiefs of Staff, “If we lose Laos, we will probably lose Thailand and the rest of Southeast Asia. We will have demonstrated to the world that we cannot or will not stand when challenged”.

As the American war ramped up in Vietnam, the CIA fought a “Secret War” in Laos, in support of a growing force of Laotian highland tribesmen called the Hmong, fighting the leftist Pathet Lao and North Vietnamese communists.

Primitive footpaths had existed for centuries along the Laotian border with Vietnam, facilitating trade and travel.  In 1959, Hanoi established the 559th Transportation Group under Colonel Võ Bẩm, improving these trails into a logistical system connecting the Democratic Republic of Vietnam in the north, to the Republic of Vietnam in the south.  At first just a means of infiltrating manpower, this “Hồ Chí Minh trail” through Laos and Cambodia soon morphed into a major logistical supply line.

In the last months of his life, President John F. Kennedy authorized the CIA to increase the size of the Hmong army.  As many as 20,000 Highlanders took arms against far larger communist forces, acting as guerrillas, blowing up NVA supply depots, ambushing trucks and mining roads.  The response was genocidal.  As many as 18,000 – 20,000 Hmong tribesman were hunted down and murdered by Vietnamese and Laotian communists.

Air America helicopter pilot Dick Casterlin wrote to his parents that November, “The war is going great guns now. Don’t be misled [by reports] that I am only carrying rice on my missions as wars aren’t won by rice.”

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The proxy war in Laos reached a new high in 1964, in what the agency itself calls “the largest paramilitary operations ever undertaken by the CIA.”  In the period 1964-’73, the US flew some 580,344 bombing missions over the Hồ Chí Minh trail and Plain of Jars, dropping an estimated 262 million bomb.  Two million tons, equivalent to a B-52 bomber full of bombs every eight minutes, 24 hours a day, for nine years.  More bombs than US Army Air Forces dropped in all of WW2, making Laos the most heavily bombed country, per capita, in history.

Most were “cluster munitions”, bomb shells designed to open in flight, showering the earth with hundreds of “bomblets” intended to kill people and destroy vehicles.  It’s been estimated that 30% of these munitions failed to explode, 80 million of them, (the locals call them “bombies”), set to go off with the weight of a foot, or a wheel, or the touch of a garden hoe.

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Unexploded cluster sub-munition, probably a BLU-26 type. Plain of Jars, Laos

Since the end of the war, some 20,000 civilians have been killed or maimed by unexploded ordnance, called “UXO”.  Four in ten of those, are children.

Removal of such vast quantities of UXO is an effort requiring considerable time and money and no small amount of personal risk.  The American Mennonite community became pioneers in the effort in the years following the war, one of the few international Non-Governmental Organizations (NGO’s) trusted by the habitually suspicious communist leadership of the LPDR.

urnOn February 18, 1977, Murray Hiebert, now senior associate of the Southeast Asia Program at the Center for Strategic and International Studies (CSIS) in Washington, D.C.  summed up the situation in a letter to the Mennonite Central Committee, US:  “…a formerly prosperous people still stunned and demoralized by the destruction of their villages, the annihilation of their livestock, the cratering of their fields, and the realization that every stroke of their hoes is potentially fatal.”

Years later, Unesco archaeologists worked to unlock the secrets of the Plain of Jars, working side by side with ordnance removal teams.

In 1996, United States Special Forces began a “train the trainer” program in UXO removal, at the invitation of the LPDR government. Even so, Western Embassy officials in the Laotian capitol of Vientiane believed that, at the current pace, total removal will take “several hundred years”.

In 2004, bomb metal fetched 7.5 Pence Sterling, per kilogram.  That’s eleven cents, for just over two pounds.  Unexploded ordnance brought in 50 Pence per kilogram in the communist state, inviting young and old alike to attempt the dismantling of an endless supply of BLU-26 cluster bomblets.  For seventy cents apiece.

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