Today in History – Page 35 – Historical Easter Eggs

March 3, 1817 Land of the Vine and Olive

Thus begins one of the more romanticized chapters in Alabama folklore. The noble heroes of the Napoleonic wars, carving a new world of French language and culture from the wild frontier.

In the Treaty of Paris in 1783, the British Crown formally recognized American Independence, ceding vast territories east of the Mississippi, effectively doubling the size of the fledgling United States and paving the way for westward expansion. Those first ten years of independence was a time of increasing unrest for the American’s French ally, of the late revolution. The famous Storming of the Bastille of July 1789 led to the Women’s March and the abolition of the French monarchy the following year. King Louis XVI was beheaded by guillotine in January 1793 followed ten months later by the execution of the Queen Consort of France, Marie Antoinette.

The orgy of violence known as “The Reign of Terror” killed nearly twice as many Frenchmen over the next two years, as that of Americans killed during the entire seven years of the Revolution.

A certain Corsican corporal emerged from this mess, with designs on La Louisiane. Napoleon envisioned a vast north American empire stretching from the gulf of Mexico to the modern state of Montana and east to the Great Lakes, all of it centered on a vast trade in Caribbean sugar.It wasn’t meant to be. The slave insurrection of Toussaint Louverture in the French colony of Saint-Domingue (modern-day Haiti) put a strain on French finances, to say nothing of the never-ending series of wars on the European landmass. By 1803, Bonaparte needed to cash his chips and move away from the American table.

Robert R. Livingston, one of the committee of five who drafted the Declaration of Independence, was minister to the French Republic. President Thomas Jefferson instructed Livingstone to open the way for commerce on the western frontier, authorizing the diplomat to pay up to $2 million for the city of New Orleans and lands on the east bank of the Mississippi river.

French Foreign Minister Talleyrand surprised the American diplomat, asking how much the Americans would pay for the Entire Louisiana territory. The Louisiana Purchase of 1803 added 828,000 square miles of new territory at a cost of fifteen million dollars.Napoleon Bonaparte, crowned Emperor the following year, would fight (and win) more battles than Julius Caesar, Hannibal, Alexander the Great and Frederick the Great, combined.

It was all for nothing. The first fall of the Napoleonic dynasty brought about the restoration of the Bourbon monarchs in 1814, leading to the “100 days” and Napoleon’s final defeat in 1815, at a place called Waterloo.

Philadelphia and New Orleans both, would soon become sanctuaries for French refugees of the Napoleonic wars, and the Haitian Revolution.

Jean-Simon Chaudron founded the Abeille Américaine in 1815 (The American Bee), Philadelphia’s leading French language newspaper. Himself a refugee of Santo Domingo (Saint-Domingue), Chaudron catered to French merchants, emigres and former military figures of the Napoleonic era and the Haitian revolution.

The idea of a French agricultural colony in the old southwest (now the central southeastern states) first came about in 1816 and Chaudron used his newspaper to promote the project.

The Colonial Society came about that November (later renamed the Society for the Cultivation of the Vine and Olive), with General Charles Lefebvre-Desnouettes, at its head.

Congress soon took an interest in the project as did important politicians of the era including Thomas Jefferson, James Madison, and James Monroe.

The project made sense. Many viewed these French refugees as fellow republicans, oppressed by a monarchy. What better way to consolidate hold on western territories while at the same time building a domestic wine-making industry. Furthermore, the work would prevent these people from forming yet another hotbed, of Napoleonic military insurrection.

In January 1817, the Society for the Vine and Olive selected a site near the Tombigbee and Black Warrior Rivers in west-central Alabama, on former Choctaw lands. On March 3, 1817, Congress passed an act “disposing of a tract of land to embrace four townships, on favorable terms to the emigrants, to enable them successfully to introduce the cultivation of the vine and olive.”

The act granted 92,000 acres, specifying a 14-year grace period in which to dedicate a ‘reasonable’ portion of the land to cultivation at a deferred cost of $2.00 per acre.

Thus began one of the more romanticized chapters in Alabama folklore. The noble heroes of the Napoleonic wars, carving a new world of French language and culture from the wild frontier.

The reality wasn’t quite so romantic. Grape vines and olive saplings were ordered from Europe but many of the plants, died en route. The grape varieties selected were a poor match for the hot and humid climate of the region, the olive trees, a dismal failure. Congressional stipulations were relaxed over time and farmlands converted, to cotton.

General Charles Lallemand, who joined the French army in 1791, replaced Lefebvre-Desnouettes as President of the Colonial Society. A man better suited to the life of an adventurer than that of the plow, Lallemand was more interested in the wars of Latin American independence, than grapes and olives. By the fall of 1817, Lallemand and 69 loyalists had concocted a plan to sell the land they hadn’t yet paid for, to raise funds for the invasion of Texas.

In the end, only 150 of 347 original grantees ever came to Alabama. Some died, many fled. Most were unwilling to trade comfortable lives in Philadelphia and New Orleans, for the hardship of life on the frontier. By the planting season of 1818, there were only 69 settlers in the colony.

Little is left of the Vine and Olive Colony but the French Emperor lives on, in western Alabama. Marengo County commemorates Napoleon’s June 14, 1800 victory over Austrian forces at the Battle of Marengo. The county seat, also known as Marengo, was later renamed Linden. Shortened from the Napoleonic victory over Bavarian forces led by Archduke John of Austria, at the 1800 battle of Hohenlinden.

Hat tip Rafe Blaufarb of Florida State University, for a great write-up of this subject. http://www.encyclopediaofalabama.org

March 2, 1864 A Civil War Story

“As we entered the place, a spectacle met our eyes that almost froze our blood with horror, and made our hearts fail within us. Before us were forms that had once been active and erect;—stalwart men, now nothing but mere walking skeletons, covered with filth and vermin. Many of our men, in the heat and intensity of their feeling, exclaimed with earnestness. ‘Can this be hell?’”.

In the early days of the Civil War, the government in Washington refused to recognize the Confederate states’ government, believing such recognition tantamount to legitimizing an illegal entity. Accordingly, the Union refused formal agreement regarding the exchange of prisoners. Following the capture of over a thousand federal troops at the first battle of Bull Run (1st Manassas), a joint resolution in Congress called for President Lincoln to establish a prisoner exchange agreement.

In July 1862, Union Major General John Dix and Confederate Major General D. H. Hill met under flag of truce to draw up an exchange formula, regarding the return of prisoners. The “Dix-Hill Cartel” determined that Confederate and Union Army soldiers were exchanged at a prescribed rate: captives of equivalent ranks were exchanged as equals. Corporals and Sergeants were worth two privates. Lieutenants were four and Colonels fifteen, all the way up to Commanding General, equivalent to sixty private soldiers.

Similar exchange rates were established for Naval personnel.

President Lincoln’s emancipation proclamation of September 1862 not only freed those enslaved in Confederate territories, but also provided for the enlistment of black soldiers. The government in Richmond responded that such would be regarded as runaway slaves and not soldiers. Their white officers would be treated as criminals, for inciting servile insurrection.

The policy was made clear in July 1863, following the Union defeat at Fort Wagner, an action depicted in the 1989 film, Glory. The Dix-Hill protocol was formally abandoned on July 30. Neither side was ready for the tide of humanity, about to come.

The US Army began construction the following month on the Rock Island Prison, built on an Island between Davenport Iowa and Rock Island, Illinois. In time, Rock Island would become one of the most infamous POW camps of the north, housing some 12,000 Confederate prisoners, seventeen per cent of whom, died in captivity.

On this day in 1864, the first prisoners had barely moved into the most notorious POW camp of the Civil War, the first Federal soldiers arriving on February 28.

This was Camp Sumter, better known as Andersonville. Conditions in this place defy description. Sergeant Major Robert H. Kellogg of the 16th Regiment Connecticut Volunteers, entered this hell hole on May 2:

Over 45,000 Union troops would pass through the verminous open sewer known as Andersonville. Nearly 13,000 died there.

Now all but forgotten, the ‘Eighty acres of Hell’ located in the Bronzeville neighborhood of Chicago was home to some forty thousand Confederate POWs between 1862 and 1865, seventeen per cent of whom, never left. No southern soldier was equipped for the winters at Camp Douglas, nor the filth, or the disease.

Nearby Oak Woods Cemetery is home to the largest mass grave, in the western hemisphere.

f650dbc6-e197-4967-a27f-84606382b639 — Camp Douglas of Chicago, known to many as “The Andersonville of the North’

Union and Confederate governments established 150 such camps between 1861 and 1865, makeshift installations of rickety wooden buildings and primitive sewage systems, often little more than tent cities. Some 347,000 human beings languished in these places, victims of catastrophically poor hygiene, harsh summary justice, starvation, disease and swarming vermin.

The training depot designated camp Rathbun near Elmira New York became the most notorious camp in the north, in 1864. 12,213 Confederate prisoners were held there, often three men to a tent. Nearly 25% of them died there, only slightly less, than Andersonville. The death rate in “Hellmira” was double that of any other camp in the north.

Historians debate the degree to which such brutality resulted from deliberate mistreatment, or economic necessity.

The Union had more experience being a “country” at this time, with well established banking systems and means of commerce and transportation. For the south, the war was an economic catastrophe. The Union blockade starved southern ports of even the basic necessities, while farmers abandoned fields to take up arms. Most of the fighting of the Civil War took place on southern soil, destroying incalculable acres of rich farm lands.

The capital at Richmond saw bread riots as early as 1862. Southern Armies subsisted on corn meal and peanuts. The Confederate government responded by printing currency, about a billion dollars worth. By 1864, a Confederate dollar was worth 5¢ in gold. Southern inflation climbed past 6000 percent, by 1865.Captain Henry Wirz, commandant of the stockade at Camp Sumter, was tried and executed after the war, only one of two men to be hanged for war crimes. Captain Wirz appeared at trial reclined on a couch, advanced gangrene preventing him from sitting up. To some, the man was a scapegoat. A victim of circumstances beyond his control. To others he is a demon, personally responsible for the hell of Andersonville prison.

I make no pretense of answering such a question. The subject is capable of inciting white-hot passion, from that day to this.

A personal note:

Six generations from his immigrant ancestor, James Tyner could trace his lineage through veterans of the Indian wars, the Revolution and the War of 1812. One of those farmers who left the soil to fight for his country, Tyner died in captivity in “Hellmira”, about a month before General Robert E. Lee met General Ulysses Grant, at Appomattox.

Corporal Jacob Deppen of the 128th PA Infantry was captured and held prisoner for a time, before being paroled. Deppen re-enlisted with the Army of the James. He and the sole surviving member of the four Tyner brothers, Nicholas Tyner, would lay down their weapons at Appomattox. Former enemies turned countrymen, if they could only figure out how to do it.

William Christian Long, the first to ‘anglicize’ his name from Wilhelm Lang, was Blacksmith to the 17th Pennsylvania Cavalry. Long survived the war, his name may be found on the Pennsylvania monument, at Gettysburg.

Archibald Blue of Drowning Creek North Carolina wanted no part of what he saw as a “rich man’s war” and ordered his five sons away. He was murdered for his politics in 1865. The killer was never found.

Four men who played a part in the most destructive war, in American history. Without any of these four, I wouldn’t be here to tell their story.

Rick Long

Family Plot — Family cemetery, Scotland County, North Carolina

March 1, 1420 Reformation

A popular story has Martin Luther nailing the document to the door of the Wittenberg Palace Church, but it may never have happened that way. Luther had no intention of confronting the Church at this time. This was an academic work, 95 topics offered for scholarly debate.

Hans Luder sent his son Martin to a series of Latin schools beginning in 1497. There the boy learned the so-called “trivium”: grammar, rhetoric, and logic. He entered the University of Erfurt in 1501 at the age of 19, receiving his master’s degree in 1505. The elder Luder (“Luther”) intended that his son become a lawyer. Years later, the younger Luther described his Latin school education as time spent in purgatory, his University a “beerhouse” and a “whorehouse”.

Martin Luther was not cut out for that world.

He entered Law School in 1505 and dropped out almost immediately. His father was furious over what he saw as a wasted education. Martin entered an Augustinian cloister that July, saying “This day you see me, and then, not ever again.”

16th century Church doctrine taught that the Saints built a surplus of good works over a lifetime, sort of a moral bank account. Like “carbon credits” today, positive acts of faith and charity could expiate sin. Monetary contributions to the church could, so it was believed, “buy” the benefits of the saint’s good works, for the sinner.

As he studied the bible, Luther came to believe that the church had lost sight of the central truths of Christianity. The Grace of God wasn’t traded as a medium of exchange, he believed, but rather through faith in Jesus Christ, as the Messiah. “This one and firm rock”, he wrote, “which we call the doctrine of justification, is the chief article of the whole Christian doctrine, which comprehends the understanding of all godliness”.

Papal “commissioner for indulgences” Johann Tetzel came to Wittenberg in 1516, selling expiation to raise money to rebuild St. Peter’s Basilica, in Rome. A saying attributed to the Dominican friar, went “As soon as the coin in the coffer rings, the soul from purgatory springs.”

Martin Luther wrote to Archbishop Albrecht on October 31, 1517, objecting to this sale of indulgences. He enclosed a copy of his “Disputation of Martin Luther on the Power and Efficacy of Indulgences”, a document which came to be known as his “95 Theses”.

Be that as it may. Luther’s ideas would rock the Christian world.

What seems to the modern mind as mere doctrinal differences, were life and death matters in the late middle and early modern ages. Archbishop Albrecht forwarded Luther’s note to Pope Leo X, who responded slowly and “with great care as is proper”.

Three theologians drafted heresy cases against Luther. In 1520, the papal bull (edict) “Exsurge Domine” commanded Luther to recant under pain of excommunication.

Luther stood on dangerous ground. Jan Hus had been burned at the stake for such heresy, back in 1415. On this day in 1420, Pope Martinus I called for a crusade against the followers of the Czech priest, the “Hussieten”.

The Italian reformer Girolamo Savonarola confessed under torture to any number of inventions and then recanted, and confessed again. Savonarola was ritually stripped of his Dominican garments and hanged in 1498, while fire was ignited from below to consume his body. Henry VIII’s famous break with the church over his divorce from Catherine of Aragon was still years in the future in 1521, the year Henry was named “Fidei Defensor” (“Defender of the Faith”). Nine years later, French theologian Jean Calvin would be forced to flee a deadly outbreak of violence against Protestant Christians. Jan Matthias, Bernhard Rothmann and Bernhard Knipperdolling would be tortured to death with white-hot pliers in the Münster marketplace in 1535, their corpses placed in cages and hanged from the steeple of St. Lambert’s Church.

The bones of the three were later removed but those three cages remain there, to this day.The papal bull had the effect of hardening Luther’s positions. He publicly burned it, on December 10. Twenty-four days later, Luther was excommunicated. A general assembly of the secular authorities of the Holy Roman Empire summoned Luther to appear before them in April, in the upper-Rhine city of Worms. The “Edict of Worms” of May 25, 1521, declared Luther an outlaw, stating “We want him to be apprehended and punished as a notorious heretic”. Anyone killing Luther was permitted to do so without legal consequence.

Luther went into hiding at Wartburg Castle. In 1516, Erasmus had expressed the wish that the holy text should be available in every language, “so that even Scots and Irishmen might read it”. It was there that Luther translated the New Testament from Greek into German, laying the foundation for other vernacular translations and, for the first time, making the bible accessible to the common man.

Radical sects took Luther’s teaching far beyond his intent. Luther found himself in the odd position of defending the faith against more radical reformers. The Zwickau Prophets rejected holy scripture in favor of direct revelations from the holy spirit. The Anabaptists took the “equality of man” in radical egalitarian directions, sounding more like the principles Karl Marx would write about, in 1848.

Martin Luther’s reformations plunged Europe into a series of wars. The Peasant’s War of 1524-25 alone killed more Europeans than any conflict prior to the 1789 French Revolution. The established church would respond with counter-reformation, but the idea that Christian faith was more than the exclusive province of a special, segregated order of men, was here to stay.

On October 31, 1999, 482 years to the day from Martin Luther’s letter to Archbishop Albrecht, leaders of the Roman Catholic and Lutheran Churches signed the “Joint Declaration on the Doctrine of Justification”, ending the half-millennium old doctrinal dispute, once and for all.

February 29, 1504 Leap Year

According to mathematicians, the method of losing three leap days out of every 400 ought to hold us for about 10,000 years. By that time we’ll have to add a day, somewhere.

Let me know how that works out, would you?

From its earliest inception, the Roman calendar tracked the cycles of the moon. At least it tried to. The method fell out of phase with the change of seasons and days were randomly added or subtracted in order to compensate. Political campaigns and military conflicts were won or lost, based on the confusion. Things had to change.

In 46BC, Julius Caesar hired Alexandrian astronomer Sosigenes to help straighten things out. The astronomer calculated that a proper year was 365¼ days, more accurately tracking the solar and not the lunar year. Ol’ Sosigenes was pretty close. The actual time the earth takes to revolve around the sun is 365.242199 days.The second month had 30 days back then, when Caesar renamed his birth month from Quintilis to “Julius”, in honor of himself. Rank hath its privileges. To this day, it’s why we have “July”. Not to be outdone, Caesar’s successor Caesar Augustus changed Sextilis to Augustus and, you got it, today we have August. The only thing was, that Augustus had only 29 days to Julius’ 31, and we can’t have that.

You see this coming, right?

Augustus swiped two days from the month of the Roman festival of purification. Februarius mensis wouldn’t even miss them.

Adding a day to every fourth February solved the calendar problem, sort of, but not quite. Pope Gregory XIII and his astronomers attempted to fine tune the situation in 1582. No year divisible by 100 would be a leap year, unless that year is also divisible by 400. Ergo, 1600 and 2000 were leap years, but 1700, 1800 and 1900, were not. According to mathematicians, this method of losing three leap days out of every 400 ought to hold us for about 10,000 years. By that time we’ll have to add a day, somewhere.

Let me know how that works out, would you?There is an old legend that St. Bridget complained to St. Patrick back in the 5th century, that women had to wait too long for beaus to “pop the question”. Other versions of the story date back before English Law recognized the Gregorian calendar, meaning that the extra day had no legal status. Be that as it may, it is customary in many places for a woman to propose marriage on the 29th of February. According to legend, one old Scottish law of 1288 would fine the man who turned down such a proposal.

In June 1503, Christopher Columbus was on his fourth voyage to the west when his two caravels became stranded, in Jamaica. Relations with the natives were cordial at first but, after six months, the newcomers had worn out their welcome. Desperately needing food and provisions, Columbus consulted the Ephemeris of the German astronomer Regiomontanus, where he learned that a lunar eclipse was expected on February 29.

Gathering the native chiefs that evening, Columbus explained that God was about to punish the indigenous people by painting the moon red. The eclipse occurred on schedule to the dismay of the natives, who were eager to promise anything to get the moon back.“With great howling and lamentation” wrote Columbus’ son Ferdinand, “they came running from every direction to the ships, laden with provisions, praying the Admiral to intercede by all means with God on their behalf; that he might not visit his wrath upon them”.

The explorer retired to his cabin, to “pray”. Timing the eclipse with his hourglass, Columbus emerged after 48 minutes to announce. All was forgiven. God had pardoned the People.

188 years later, to the day. February 29, 1692. The first witchcraft warrants went out from a place called Salem Village, calling for the arrest of two social outcasts named Sarah Good and Sarah Osborne, and the West Indian slave woman, Tituba.

February 27, 1992 Young Tom

The youngest golfer ever to play in one of the majors (the Masters, US & British Opens and the PGA Championship), was the appropriately named “Young” Tom Morris, Jr., a Scot who played in the 1865 British Open at 14 years and four months.

On this day in 1992, 16-year-old Tiger Woods became the youngest PGA golfer in 35 years, going on to become the first $100 million man on the Professional Tour.

article-2537121-1A8B0ADF00000578-386_470x741 — “Young Tom” Morris

The youngest in thirty-five years that is, but not the youngest ever. Andy Zhang made the US Open in 2012 at the ripe old age of fourteen years, six months, but even he wasn’t the youngest.

Morris withdrew from that year’s tournament, at about the time General Lee met General Grant at a place called Appomattox. Young Tom went on to win the British Open three years later, winning the equivalent of $12 for the feat. Ironically, the victory came at the expense of his father “Old” Tom Morris, Greens Keeper and club pro at the famous ‘Old Course’ at St. Andrews.

Young Tom followed that first Open Championship in 1868 with three more: in 1869, 1870 and 1872. His record stands to this day, the only player ever to win four consecutive Open Golf Championships. (There was no championship in 1871).

The 18th Green of the Old Course at St. Andrews has changed little, since 1891.

Young Tom went on to win three more Open tournaments, the first of only two teenagers in history to win any of the majors. In 1864, Young Tom attended a tournament with his father at the King James VI Golf Club. With days to go before his 13th birthday, he was too young to compete in either the professional or amateur sections. Local organizers set up a two-man tournament between himself and a local youth champion. A large gallery followed the two young golf stars throughout their match. Those who did so were rewarded by seeing young Tom win the match, with a score sufficient to have won the professional tournament.The Father/Son team tee’d off in match against the brothers Willie and Mungo Park on September 11, 1875. With two holes to go, Young Tom received a telegram with upsetting news. His wife Margaret had gone into a difficult labor. The Morrises finished those last two holes winning the match, and hurried home by ship across the Firth of Forth and up the coast. Too late. Tom Morris Jr. got home to find that his young wife and newborn baby, had both died in childbirth.

Weeks later, Young Tom played a marathon tournament in wretched weather, leaving him in a weakened state and bleeding from his lungs. He died at the “Home of Golf” and place of his birth, St. Andrews, a short twenty-four years before. It was Christmas day.

In 2016, the historical drama “Tommy’s Honour” opened the 2016 Edinburgh International Film Festival, based on “Tommy’s Honor: The Story of Old Tom Morris and Young Tom Morris, Golf’s Founding Father and Son” by Kevin Cook, one of five books voted 2007 “Book of the Year”, by Sports Illustrated.

Journalist and film critic Ross Miller wrote in The National newspaper of Scotland, calling the film “emotional, inspiring and deeply heartfelt. You don’t have to be a golf fan” Miller wrote, ” to be taken in by this engrossing, quietly passionate film that not only brings something new to the sports biopic table but also serves as a poignant, often heartbreaking portrait of paternal love and pursuing your passion with everything you have.”

February 4, 2012 Have a Nice Day

From Betty Boop to the hula hoop, popular culture is always primed and ready to dive into the latest fad.

Established by act of Congress on July 9, 1918, the Silver Star is the third-highest decoration is the system of military honors, awarded to members of US armed services for valor in combat against an enemy of the United States. A search of public records reveals a long list of recipients of the Silver Star including the name “Ball, Harvey A. HQ, 45th Infantry Division, G.O. No. 281”.

Harvey Ball earned the silver star medal “for Conspicuous Gallantry in Action” in 1945, during the battle for Okinawa. He went on to serve most of his life in the United States Army Reserve, retiring in 1979 with the rank of Colonel.

Harvey Ross Ball worked for a sign painter while attending Worcester South High School, and went on to study fine arts at the Worcester Art Museum School.

After the war, Ball came home to Worcester and worked for a local advertising firm, later opening his own ad agency, Harvey Ball Advertising, in 1959.

In 1963, the State Mutual Life Assurance Company of Worcester (now Hanover Insurance) bought out the Guarantee Mutual Company of Ohio. Employee morale tanked with the new acquisition. Director of Promotions Joy Young was tasked with solving the problem. Young hired Harvey Ball as a freelance artist to create a visual icon. A pin to be worn as part of the company’s ‘friendship campaign’.

First came the silly grin. That part was easy but the pair soon realized, the button could be inverted. Now we’ve got a “frowny” face and we can’t have that. Ball added eyes, the left drawn just a little smaller than the right, to “humanize” the image.

The work took ten minutes and the artist was paid $45, equivalent to $330 today. Neither Ball nor State Mutual Felt the need to copyright the graphic.

From Betty Boop to the hula hoop, popular culture is always primed and ready to dive into the latest fad. State Mutual ordered 100 buttons. It wasn’t long before manufacturers were taking orders for thousands at a time.

Philadelphia brothers Bernard and Murray Spain seized on the image seven years later and produced millions of coffee mugs, t-shirts, watches and bumper stickers, emblazoned with the happy face and the slogan “Have a happy day”. It was later revised to the ever present, “Have a nice day”.

The image was everywhere, second only to the ubiquitous “Peace Sign”.

Frenchman Franklin Loufrani copyrighted the graphic in France in 1972, using the image in the “good news” section of the newspaper France Soir and developing a line of imprinted novelty items. Loufrani’s son Nicolas took over the family business and launched the Smiley Company, in 1996.

Unsurprisingly, the younger Loufrani is skeptical of Harvey Ball’s claim to have created such a simple design, pointing to cave paintings found in France dated to 2500BC and a similar graphic used in radio ad campaigns, of the early 1960s.

Of course, that didn’t prevent the company from seeking US trademark rights to the image and kicking off a years-long legal battle with retail giant WalMart, which had been using the happy face in its “Rolling Back Prices” campaign.

The Smiley Company is one of the 100 largest licensing corporations in the world with revenues of $167 million in 2012, holding rights to the Smiley Face in over 100 countries. Notably, the United States is not one of them.

As for Harvey Ball, he didn’t seem to mind that he never copyrighted his Smiley Face. The artist is gone now but Ball’s son Charles says his father never was a money driven kind of guy. “Hey”, he would say, “I can only eat one steak at a time. drive one car at a time”.

140226-space-galle_c65701ac3dd494b9ce91bd30c7bbb33b.fit-760w — The Galle Crater, on Mars

In the 2009 film “Watchmen” characters fly to Mars, landing in a crater that looks like a Smiley Face. The red planet really does have such a place. It’s called the Galle crater.

In June of 2010, Wal-Mart and the Smiley Company settled their 10-year-old legal dispute in Chicago federal court. The terms of the settlement are confidential and the words of the judge as he lowered his gavel, are unknown to this scribe.

I so want to believe the man told all those lawyers, to “have a nice day”.

February 3, 1943 Greater Love Hath No Man

Rabbi Goode did not call out for a Jew when he gave away his only hope for survival, Father Washington did not ask for a Catholic. Neither minister Fox nor Poling asked for a Protestant. Each gave his life jacket to the nearest man.

The Troop Transport USAT Dorchester sailed out of New York Harbor on January 23, 1943, carrying 904 service members, merchant seamen and civilian workers. They were headed for the the Army Command Base at Narsarsuaq in southern Greenland, part of a six-ship convoy designated SG-19 together with two merchant ships and escorted by the Coast Guard Cutters Comanche, Escanaba and Tampa.

Built as a coastal liner in 1926, Dorchester was anything but graceful, bouncing and shuddering her way through the rough seas of the North Atlantic.German submarine wolf packs had already sunk several ships in these waters. Late on the night of February 2, one of the Cutters flashed flashed the light signal “we’re being followed”.

Dorchester Captain Hans Danielson ordered his ship on high alert that night. Men were ordered to sleep in their clothes with their life jackets on, but many disregarded the order. It was too hot down there in the holds, and those life jackets were anything but comfortable.

Some of those off-duty tried to sleep that night, while others played cards or threw dice, well into the night. Nerves were understandably on edge, especially among new recruits, as four Army chaplains passed among them with words of encouragement.

They were the Jewish rabbi Alexander David Goode, the Catholic priest John Patrick Washington, the Reformed Church in America (RCA) minister Clark Vandersail Poling, and the Methodist minister George Lansing Fox.

At 12:55am on February 3rd, the German submarine U-223 fired a spread of three torpedoes. One struck Dorchester amidships, deep below the water line. A hundred or more were killed in the blast, or in the clouds of steam and ammonia vapor billowing from ruptured boilers. Suddenly pitched into darkness, untold numbers were trapped below decks. With boiler power lost, there was no longer enough steam to blow the full 6 whistle signal to abandon ship, while loss of power prevented a radio distress signal. For reasons which remain unclear, there never were any signal flares.Those who could escape scrambled onto the deck, injured, disoriented, many still in their underwear as they emerged into the cold and darkness.

The four chaplains must have been a welcome sight, guiding the disoriented and the wounded, offering prayers and words of courage. They opened a storage locker and handed out life preservers, until there were no more. “Padre,” said one young soldier, “I’ve lost my life jacket and I can’t swim!” Witnesses differ as to which of the four it was who gave this man his life jacket, but they all followed suit. One survivor, John Ladd, said “It was the finest thing I have seen or hope to see this side of heaven.” Rabbi Goode gave his gloves to Petty Officer John Mahoney, saying “Never mind. I have two pairs”. It was only later that Mahoney realized. Rabbi Goode intended to stay with the ship.

Dorchester was listing hard to starboard and taking on water fast, with only 20 minutes to live. Port side lifeboats were inoperable due to the ship’s angle. Men jumped across the void into those on the starboard side, overcrowding some to the point of capsize. Only two of fourteen lifeboats launched successfully.

Private William Bednar found himself floating in 34° water, surrounded by dead bodies and debris. “I could hear men crying, pleading, praying,” he recalled. “I could also hear the chaplains preaching courage. Their voices were the only thing that kept me going.”

As the ship upended and went down by the bow, survivors floating nearby could see the four chaplains. With arms linked and leaning against the slanting deck, their voices offered prayers and sang hymns for the dead and for those about to die.Rushing back to the scene, coast guard cutters found themselves in a sea of bobbing red lights, the water-activated emergency strobe lights of individual life jackets. Most marked the location of corpses. Of the 904 on board, the Coast Guard plucked 230 from the water, alive.

The United States Congress attempted to confer the Medal of Honor on the four chaplains for their selfless courage, but strict requirements for “heroism under fire” prevented it from doing so. Congress authorized a one time, posthumous “Chaplain’s Medal for Heroism”, awarded to the next of kin on January 18, 1961 by Secretary of the Army Wilber M. Brucker at Fort Myer, Virginia.John 15:13 teaches us, “Greater love hath no man than this, that a man lay down his life for his friends”. Rabbi Goode did not call out for a Jew when he gave away his only hope for survival, Father Washington did not ask for a Catholic. Neither minister Fox nor Poling asked for a Protestant. Each gave his life jacket to the nearest man.

Carl Sandburg once said that “Valor is a gift. Those having it never know for sure whether they have it until the test comes.” If I were ever to be so tested, I hope I would prove myself half the man as any of those four chaplains.

February 2, 1887 Groundhog Day

Midway between Winter Solstice and Spring Equinox and well before the first crocus of spring has peered out across the frozen tundra, there is a moment of insanity which helps those of us living in northern climes get through to that brief, blessed moment of warmth when the mosquitoes once again have their way with us.

Here on Sunny Cape Cod™, we have a joke about the four seasons. There’s “Almost Winter”, “Winter”, “Still Winter” and “Bridge Construction”.

Midway between Winter Solstice and Spring Equinox and well before the first crocus of spring has peered out across the frozen tundra, there is a moment of insanity which helps those of us living in northern climes get through to that brief, blessed season of warmth when the mosquitoes once again have their way with us.

Groundhog Day.

The ancient Romans observed a mid-season festival on February 5, the pagan Irish on February 1. For Christians, it was February 2, Candlemas day, a Christian holiday celebrating the ritual purification of Mary. For reasons not entirely clear, early Christians believed there would be six more weeks of winter if the sun came out on Candlemas Day.

Clergy would bless and distribute candles needed for winter, their length representing how long and cold the winter would be. Germans expanded on the idea by selecting an animal, a hedgehog, as a means of predicting weather. Once a suitable number of Germans had come to America, they switched over to a more local rodent: Marmota monax. The common Groundhog.Groundhogs hibernate for the winter, an ability some people of my acquaintance, would love to master. During that time, the animal’s heart rate drops from 80 beats per minute to 5 as the slumbering rodent lives off stored body fat. Another ability some of us could learn to appreciate, very much.

The male couldn’t care less about the weather; he comes out of his burrow in February in search of a mate. If uninterrupted, he will fulfill his groundhog mission of love and return to earth, not coming out for good until sometime in March.But then there is the amorous woodchuck’s worst nightmare in a top hat, the groundhog hunter.

Groundhogs are something of a regional delicacy, said to taste like a cross between pork, and chicken. In the 1880s, groundhog hunters hosted annual Groundhog day festivals in addition to summer hunts, followed by picnics featuring steaming dishes like Country-Style Groundhog, Groundhog and Sweet Potatoes and Waco Groundhog in Sour Cream, all of it washed down with “groundhog punch” consisting of vodka, milk, eggs, orange juice “and other ingredients.” Yumm.

One group of groundhog hunters in Punxsutawney, Pennsylvania, imaginatively called themselves the Punxsutawney Groundhog Club. One of them, a newspaper editor, declared on February 2, 1887, that their groundhog “Punxsutawney Phil, Seer of Seers, Sage of Sages, Prognosticator of Prognosticators, and Weather Prophet Extraordinary“, was the only true weather forecasting rodent.There are those who would dispute the Gobbler’s Knob crowd and their claims to Punxsutawney Phil’s weather forecasting prowess. Alabama has “Birmingham Bill”, and Canada has Shubenacadie Sam. New York can’t seem to decide between Staten Island Chuck and New York City’s very own official groundhog, “Pothole Pete”.

Today, Phil himself is no longer on the menu. Groundhog punch has given way to a magic elixir said to give Punxatawney’s hundred-year-old rodent, seven more years of life. Since 2010, Punxatawney Faithful can get text message alerts concerning the prognostications of their favorite rodent. (Text “Groundhog” to 247365, if you’re interested).

There is no word for groundhog in Arabic. Accounts of this day in the Arab press translate the word as جرذ الأرض or, “Ground Rat”. If that’s not enough to make us all the life of the party, I don’t know what is.

If anyone were to bend down and ask Mr. Ground Rat his considered opinion on the matter, he would probably cast a pox on all our houses. It’s been a long winter. Mr. Ground Rat’s all dressed up for a date. He has other things on his mind.

February 1, 1968 Frozen in Time

Years later the photographer wrote in Time Magazine. ‘The general killed the Viet Cong; I killed the general with my camera. Still photographs are the most powerful weapon in the world. People believe them, but photographs do lie, even without manipulation.

During WW2, the average infantry soldier saw 40 days of combat, in 4 years. In Vietnam, the average combat infantryman saw 240 days of combat, in a year.

By 1967, the Johnson administration was coming under increasing criticism, for what many of the American public saw as an endless and pointless stalemate in Vietnam.

Opinion polls revealed an increasing percentage believed it was a mistake to send more troops into Vietnam, their number rising from 25% in 1965, to 45% by December, 1967.

The Johnson administration responded with a “success offensive”, emphasizing “kill ratios” and “body counts” of North Vietnamese and Viet Cong fighters. Vice President Hubert Humphrey stated on NBC’s Today Show that November, “We are on the offensive. Territory is being gained. We are making steady progress.”

In Communist North Vietnam, the massive battlefield losses of 1966-’67 combined with the economic devastation wrought by US Aerial bombing, causing moderate factions to push for peaceful coexistence with the south. More radical factions favoring military reunification on the Indochina peninsula, needed to throw a “hail Mary” pass. Plans for a winter/spring offensive began, in early 1967. By the New Year, some 80,000 Communist fighters had quietly infiltrated the length and breadth of South Vietnam.One of the largest military operations of the war launched on January 30, 1968, coinciding with the Tết holiday, the Vietnamese New Year. In the first wave of attacks, North Vietnamese troops and Viet Cong Guerillas struck over 100 cities and towns including Saigon, the South Vietnamese capitol.

Initially taken off-guard, US and South Vietnamese forces regrouped and beat back the attacks, inflicting heavy losses on North Vietnamese forces. The month-long battle for Huế (“Hway”) uncovered the massacre of as many as 6,000 South Vietnamese by Communist forces, 5-10% of the entire city. Fighting continued for over two months at the US combat base at Khe Sanh.While the Tết offensive was a military defeat for the forces of North Vietnam, the political effects on the American public, were profound. Support for the war effort plummeted, leading to demonstrations. Jeers could be heard in the streets. “Hey! Hey! LBJ! How many kids did you kill today?”Lyndon Johnson’s Presidency, was finished. The following month, Johnson appeared before the nation in a televised address, saying “I shall not seek, and I will not accept, the nomination of my party for another term as your president.”

In the early morning darkness of February 1, 1968, Nguyễn Văn Lém led a Viet Cong sabotage unit in an assault on the Armor base in Go Vap. After taking control of the camp, Nguyễn arrested Lieutenant Colonel Nguyen Tuan with his family, demanding the officer show his guerrillas how to drive tanks. The officer refused and the Viet Cong slit his throat, along with those of his wife, six children and his 80-year-old mother.

The only survivor was a grievously injured, 10-year-old boy.

Nguyễn himself was captured later that morning, near the mass grave of 34 civilians. He said he was “proud” to have carried out orders to kill them.AP photographer Eddie Adams was out on the street with NBC News television cameraman Võ Sửu, looking for something interesting. The pair saw a group of South Vietnamese soldiers dragging what appeared to be an ordinary man into the road, and filmed the event.

Adams “…followed the three of them as they walked towards us, making an occasional picture. When they were close – maybe five feet away – the soldiers stopped and backed away. I saw a man walk into my camera viewfinder from the left. He took a pistol out of his holster and raised it. I had no idea he would shoot. It was common to hold a pistol to the head of prisoners during questioning. So I prepared to make that picture – the threat, the interrogation. But it didn’t happen. The man just pulled a pistol out of his holster, raised it to the VC’s head and shot him in the temple. I made a picture at the same time.”

di_05292 — Composite sequence published by the Dolph Briscoe Center for American History of the University of Texas, at Austin.

The man with the pistol was Nguyễn Ngọc Loan, Chief of the National Police. Loan had personally witnessed the murder of one of his own officers, along with the man’s wife and three small children.

Nguyễn Văn Lém was the perpetrator of major war crimes. He was out of uniform and not involved in combat when he murdered the General’s own subordinates and their families. The man was a war criminal and terrorist with no protections under the Geneva Conventions, legally eligible for summary execution.

saigon-execution-adams — Photo credit, Eddie Adams, Associated Press

Loan drew his .38 Special Smith & Wesson “Bodyguard” revolver and fired. The execution was barely a blip on the man’s radar screen.

vietnam-execution-after-shooting — Photo credit, Eddie Adams, Associated Press

Loan was a devoted Patriot and South Vietnamese Nationalist. An accomplished pilot who had led an airstrike on Việt Cộng forces at Bo Duc in 1967, Loan was loved and admired by his soldiers.

In February 1968, hard fighting yet remained to retake the capitol. As always, Nguyễn Ngọc Loan was leading from the front when a machine gun burst tore into his leg.

Meanwhile, Adams’ “Saigon Execution” photograph and Võ’s film footage made their way into countless papers and news broadcasts. With events thus stripped of context, General Nguyễn came to be seen as a bloodthirsty, sadistic killer, the Viet Cong terrorist his unarmed, innocent victim.

Adams was well on his way to winning a Pulitzer prize for that photograph, while an already impassioned anti-war movement, lost the faculty of reason.

The political outcry reached all the way to Australia, where General Nguyễn was recuperating from his amputation. Australian hospitals refused the man treatment and he traveled to America, to recover.

The Watergate scandal burst on the scene in 1972 as American politics looked inward. The Nixon administration sought the “Vietnamization” of the war. By January 1973, direct US involvement in the war in Southeast Asia, had come to an end.

Military aid to South Vietnam was $2.8 billion in fiscal year 1973. The United States Congress placed a Billion dollar ceiling on that number the following year, cutting that to $300 million, in 1975. The Republic of Vietnam collapsed, some fifty-five days later.

d182757927d3e71bd2be3c3ce011ff94 — Scenes from the final evacuation of Saigon

General Nguyễn had been forced to flee the nation he had served. American immigration authorities sought deportation on his arrival, in part because of Eddie Adams’ picture. The photographer was recruited to testify against the General, but Adams spoke on his behalf.

Nguyễn was permitted to stay. He and his wife opened a pizza shop in the Rolling Valley Mall of Virginia, “Les Trois Continents”. The restaurant thrived for a time, until word got out about the owner’s identity. Knowing nothing about Nguyễn except for that image, locals began to make trouble. Business plummeted as the owner was assaulted in his own restaurant, his life threatened. The last time Adams visited Nguyễn’s pizza shop, the words “We know who you are, fucker“, were scrawled across a toilet wall.The couple was forced to close the restaurant in 1991. Nguyễn Ngọc Loan died of cancer, seven years later.

Eddie Adams won his Pulitzer in 1969 but came to regret that he had ever taken that picture. Years later the photographer wrote in Time Magazine. ‘The general killed the Viet Cong; I killed the general with my camera. Still photographs are the most powerful weapon in the world. People believe them, but photographs do lie, even without manipulation. They are only half-truths. What the photograph didn’t say was, “What would you do if you were the general at that time and place on that hot day, and you caught the so-called bad guy after he blew away one, two or three American soldiers?”‘

Before Nguyễn died, Adams apologized to the General and his family, for what that image had done to the man’s reputation. “The guy was a hero”, he said, after his death. “America should be crying. I just hate to see him go this way, without people knowing anything about him.”

January 31, 1945 The Execution of Pvt. Slovik

From the Civil War to this day, the execution of Private Slovik was the only time a death sentence was carried out for the crime of desertion.

When he was little, his neighbors must have thought he was a bad kid. His first arrest came at age 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. He was sent to prison in 1939, for stealing a car.

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

There the couple may 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 difficulty for many replacements attempting to find their units. Edward Slovik and John Tankey finally caught up with the 109^th 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.

And desert, he did. Eddie Slovik left 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 of 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 an already dim future. 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, 1/3^rd of all the criminal cases tried in the United States during the 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.

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.”

Slovik-MOVIE-POSTER — Movie poster from the film: “The Execution of Private Slovik”

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 the war and a letter, instructing her to return a $55 allotment check. She wouldn’t learn about the execution for another nine years.

In 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, the execution of Private Slovik was the only time a death sentence was 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.”

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The 18th Green of the Old Course at St. Andrews has changed little, since 1891.

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