Category Archives: laws and legislation

Trump and Kelly: Leaders of the New Know Nothings

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Friends of Padre Steve’s World,

I was not surprised when I read the words of President Trump’s Chief of Staff, John Kelly in an interview with NPR this week. Instead, I was reminded that the retired Marine Corps General has often expressed the views of the people that opposed the immigration and citizenship desires of his Irish and Italian ancestors. His Irish ancestors fled famine and British political persecution, while his Italian ancestors fled poverty and political instability.

For that matter we can say the same about his boss the President, whose German ancestors were discriminated against and persecuted from the time that the first major wave hit following the 1848 Revolution in Germany. The President’s Great Grandfather immigrated to the United States in 1885 fleeing poverty and obligatory military service to the Kingdom of Bavaria. He went to work as a barber in New York for a number of years and moved to Seattle when he opened a restaurant which also served as a hotel and base for prostitutes, something that he repeated during the Yukon Gold Rush. He became a U.S. citizen in 1892. He attempted to return to Bavaria in 1904 but was returned to the United States because the Bavarian government considered that he had immigrated to avoid military service.  When the First World War came along he claimed to be Swedish and not German simply because of the stigma associated with being from a country that we were at war.

The fact is that the current policies and attitudes of the President, his Chief of Staff, and many of his followers in the Republican Party including White Supremacists, Klansmen, Neo-Nazis advocate for are not new and can be traced to the Know Nothing movement that began in the 1830s and reached its peak in the 1850s. While I do not believe that most of Trump’s Republicans are Neo-Nazis or White Supremacists, it does seem that almost all of the Neo-Nazis or White Supremacists are Trump supporters or Republicans, including the former head of the Illinois Nazis who is the GOP nominee for a House seat in Illinois, and the leading GOP candidate for Senate in California publicly proclaims his adoration of Adolf Hitler and support for a “Jew Free” United States. At least he was not endorsed by the California GOP who had the decency to expel him from their convention while he dragged the flag of Israel on the ground and spit on it. There are plenty of others, either current or past candidates or those who support identical policies to them without claiming their mantle, but I won’t for now. There are too many.

Conservative columnist and Trump opponent George Will discussed current and past immigration policies in the Washington Post. That article is well worth the read. Will quoted Peter H. Schuck, professor emeritus at Yale Law School who discussed how Congress in 1939 voted down a bill “to rescue 20,000 children from Nazi Germany despite American families’ eagerness to sponsor them — on the ground that the children would exceed Germany’s quota!”

The ancestors of both men fled poverty, famine, political persecution, and war to come to the United States. They made a life for themselves, and Kelly’s Italian ancestors did not speak English for decades after they arrived in the country.  Italian immigrants of the late 19th and early 20th centuries were considered racially inferior by many Americans and were treated with distain and revulsion by many American “Anglo-Saxon” Protestant Christians. You would think that appreciating what their ancestors went through that the President and chief of Staff might have a little bit of sympathy for current immigrants, those who came here legally and those who did not for the same reasons that motivated their ancestors: freedom, safety, and opportunity. But they don’t.

When I see what they are doing to make immigration more white and to return people who came here legally, or were brought here as children and raised as Americans to countries that they either do not know or would be in danger if they returned I am reminded of, and echo of words of Abraham Lincoln who said:

“I am not a Know-Nothing. That is certain. How could I be? How can any one who abhors the oppression of negroes, be in favor or degrading classes of white people? Our progress in degeneracy appears to me to be pretty rapid. As a nation, we began by declaring that “all men are created equal.” We now practically read it “all men are created equal, except negroes” When the Know-Nothings get control, it will read “all men are created equal, except negroes, and foreigners, and Catholics.” When it comes to this I should prefer emigrating to some country where they make no pretense of loving liberty — to Russia, for instance, where despotism can be taken pure, and without the base alloy of hypocracy [sic].”

Until tomorrow,

Peace

Padre Steve+

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“No One is Bigger than the Game” Baseball, America and the Rules Trump Hates

Friends of Padre Steve’s World

This afternoon I will be attending an exhibition game between the Baltimore Orioles and their Triple A minor league affiliate the Norfolk Tides at Norfolk’s Harbor Park. The Tides won’t open their season until April 6th and while this is not the home opener it is for people like me a harbinger of goodness, as the late Commissioner of Baseball and President of Yale University A. Bartlett Giamatti said; “There’s nothing bad that accrues from baseball.”

Baseball is a game where the game itself is sacrosanct and is more important than any commissioner, team owner, manager, player or group of investors. In a way it is much like how our nation’s founders and many of our greatest political leaders, President’s, Justices of the Supreme Court, Senators and Congressmen, military leaders, civil rights leaders, and academics viewed the United States, its Constitution, and the very proposition upon which it was founded, the proposition that “all men are created equal.”

Fay Vincent who succeeded Giamatti after the Giamatti’s sudden death in 1989 noted:

“As all of us are aware, and no one more than I, Bart had a singular skill as a public speaker. He spoke well because he thought so well. But I point out to you that the most often quoted remark of Bart’s brief tenure as Commissioner is a very simple declarative sentence. That sentence is the cornerstone on which I will build my own administration. Bart said very simply, ‘No one is bigger than the game.’ I repeat today what Bart said in August, no one – no player, no executive, no owner, no Commissioner, no umpire is bigger than the game.” 

Today the United States has a President who truly believes that he is bigger and more important that all of our public norms and who has no respect for the Constitution or our form of government.

Alexander Hamilton wrote:

“If it were to be asked, What is the most sacred duty and the greatest source of our security in a Republic? The answer would be, An inviolable respect for the Constitution and Laws – the first growing out of the last . . . . A sacred respect for the constitutional law is the vital principle, the sustaining energy of a free government.”

The late conservative political commentator Micheal Novak once wrote about baseball connecting it with the heart and soul of the American political system. What he wrote is important for we who live in this day and age to understand, and which all too tragically President Trump does not. Novak said:

“Baseball is as close a liturgical enactment of the white Anglo-Saxon Protestant myth as the nation has. It is a cerebral game, designed as geometrically as the city of Washington itself, born out of the Enlightenment and the philosophies so beloved of Jefferson, Madison, and Hamilton. It is to games what the Federalist Papers are to books; orderly, reasoned, judiciously balanced, incorporating segments of violence and collision in a larger plan of rationality, absolutely dependent on an interiorization of public rules.”

The American political system, like baseball is, to use the words of Novak, “absolutely dependent on an interiorization of public rules.” This is something that our founders understood as have the vast majority of America Presidents and other political statesman regardless of their political party or whether or not they were a conservative or liberal. The fact is, that the interiorization of public rules, or rather, how we incorporate public rules, norms of behavior, traditions, customs, and the unwritten yet imperative rules of our social contract into our lives and behavior.

Neither President Trump or his most loyal supporters can fathom the meaning Novak’s words. The President flagrantly flaunts every norm of our American social and political contract that have existed since the days of the Continental Congress and is cheered and even given theological cover by his supporters.

That is why documents such as the Declaration of Independence, the Preamble of the Constitution of the United States, the Gettysburg Address, and the Four Freedoms are so important. None have the power of law, but all are essential to the functioning of the American political system. The American system is not a business contract, nor is it an Ayn Randish descent into a maelstrom of hyper-individualistic social Darwinism. Instead it is about the enlightenment, it is about reason, it is about freedom and responsibility. It is about obeying unwritten rules, rules that are placed upon our hearts.

Last year the President has continued his assault on that social and political contract drawn up by our founders. At the commissioning of the USS Gerald Ford he urged active duty military personnel to lobby their congressional representatives for his agenda. A few days later he turned a Boy Scout Jamboree into a political rally. He did a similar thing when he addressed the CIA at the beginning of his Presidency. But these are not new and they have continued, less than two weeks ago the President addressed Marines in San Diego and to their cheering delight he castigated the press and called them “enemies.”  It was a direct assault on the First Amendment and the Marines cheered him. I wondered what the hell was going on.

Since his campaign began the President has done everything that he can in order to subvert the American political system, and his words and actions show that he has no respect for the Constitution or laws for the land. If only there was someone who could call him out, as Bill Veeck said: “Baseball is almost the only orderly thing in a very unorderly world. If you get three strikes, even the best lawyer in the world can’t get you off.”

I do not say this with any malice, nor do I say it for any gain. I only say it because the President has stepped so far out from the norms of the American political system that it is impossible to say what he will do next. Our system of government is resilient but at the same time fragile. Unless the GOP majorities in Congress stand up to him our system will not survive in the way that our founders intended. Sadly, I have little hope that they will do so now.  For years most of them have fanned the flames of anti-government and anti-Federalist passions so vehemently that there is no room in their hearts for the very thing that holds our system together; the interiorization of public rules, norms, traditions, and behaviors; that is, the interiorization of liberty. The President show no evidence that he understands any of this.

Judge Learned Hand who has been called the greatest American jurist to have never served on the Supreme Court wrote:

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

That is why I think that baseball serves to enlighten us to bigger things and why I welcome it with an open heart.

So anyway, until tomorrow,

Peace,

Padre Steve+

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Murder in Lafayette Square, Dan Sickles: Part Two

Friends of Padre Steve’s World,

I am taking a break over the next few to read and reflect I am re-posting some articles from my Gettysburg text dealing with a man that I consider one of the most fascinating , salacious, scandalous, heroic, and incredible figures ever to grace and disgrace American history: Congressman, and Civil War General Daniel E. Sickles.

I hope that you enjoy,

Peace

Padre Steve+

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Within a year of his assignment Sickles returned to the United States to help prepare the Democratic nomination for his friend Buchanan who had long desired the office, and return to his lucrative post in New York. In the spring of 1856 Sickles began to work on Buchanan’s nomination for the Presidency and while doing so began his own campaign for New York’s Third District’s Congressional seat. Buchanan won the election of 1856 against an opposition divided between the Know Nothing candidacy of former President Millard Fillmore and the candidate of the new Republican Party, John C. Fremont.

In the election of 1856, Sickles carried the district easily. For Sickles it was a triumph, he was “riding a flood tide of political fortune that might carry him far,” [1] and like any wife Teresa too was delighted with the result. Even so, Teresa must have wondered if her husband would mend his ways now that he was on the national spotlight, or if he would continue his extramarital romps around the nation’s capital. Following the election Dan and Teresa moved to Washington D.C. where they took up a fashionable residence, the Stockton Mansion, on Lafayette Square, not far from the White House and Sickles friend, James Buchanan.

Once he was established in Washington Sickles was in his element, politics at its grandest. It was a different style than of politics than Tammany, where brass knuckled force often ruled, but it suited Sickles, who was “a fixer who knew all the tricks of Tammany at its crookedest but who seems not to have taken graft himself. He had his sights fixed on the presidency, and he was making about as much progress in that direction as a Tammany man can,” [2]   until a strange combination of unrequited love, infidelity, the personal betrayal of a friend, and a murder intervened.

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Teresa Sickles

While her husband politicked along the Potomac, the new congressman’s wife was adapting to her life in Washington D.C. The wives were expected to entertain and host parties on a regular basis at their residences, but they also knew their share of loneliness and neglect. Since legislators routinely were “busy with night sessions, committee meetings, and plain nocturnal politicking over whiskey punch, that their wives either accepted other escorts or spent lonely evenings at home with fancywork or a book.” thus it was not surprising that Teresa, “should seek the gayety of the capital in her first year there.” [3] In the absence of their husbands it “was not uncommon for available bachelors to act as escorts for married women when their husbands were unavailable.” [4] Since Dan Sickles was frequently unavailable and since Teresa probably still suspected that Dan was still engaged in extramarital affairs, it is not surprising that the young Mediterranean beauty found comfort in another man.

The years of 1857 and 1858 would be a tumultuous time for the nation as well as the Sickles. Buchanan had been elected because of his stability and moderation in an age of pro and anti-slavery radicalism. However, over the next year his presidency, and his would be overwhelmed by events and Buchanan’s decisions supporting the expansion of slavery. While Sickles was neither a slave owner, nor himself fond of the institution, it was part of life, and many of his friends in Washington D.C. and in Congress were slave holders. Buchanan had schemed before his inauguration with Chief Justice of the Supreme Court Roger Taney in the Dred Scott decision, which was handed down in the days following Buchanan’s inauguration, followed by the fiasco over the Lecompton constitution and the attempted admission of Kansas as a Slave State, an event which split the Democratic party in the 1860 election, ensuring Abraham Lincoln’s defeat of Buchanan’s Lecompton foe in the Senate, Senator Stephen A. Douglas who would have been the prohibitive favorite in the election had the split not occurred.

Likewise, Sickles and his beautiful young wife would become part of one of the most sensational trials of American history, rivaling the Lindbergh kidnapping trial, the trial of O.J. Simpson, the Scopes Monkey Trial, and the Impeachment of President Bill Clinton in its captivation of America. As in London, Teresa became popular and she and Dan were much sought after and their home “became the scene of a gradual number of and entertainments,” [5]and even as Sickles continued his robust politicking and philandering Teresa became the object of another’s affection, the District of Attorney for the District of Columbia, Philip Barton Key, the son Francis Scott key, the writer of the Star Spangled Banner. Interestingly enough it was Sickles who had helped Key the troubled man to be reappointed to his office in early 1857 after Key had helped Sickles overcome legal and financial difficulties to secure Sickles in the Stockton Mansion and the two men developed a warm friendship.

Philip Key was extraordinarily handsome, especially when outfitted in his green and gold militia uniform of the Montgomery Guards, and was considered one of the most desirable men in Washington. An accomplished horsemen he rode about town on his “horse Lucifer – a nobly bred, dapple gray hunter.”[6] When he gained Sickles’ friendship many of his well to do political and society friends became frequent visitors to the Sickles household. After Sickles had helped Key to be reappointed to his office, Key was instrumental in helping make the arrangements for Sickles to rent the Stockton Mansion.

During his first term in office Key was not known for being a particularly good District Attorney and spent much time away from the office complaining about his allegedly poor health. But his health did not keep him away from Washington’s party scene and “One hostess called him “the handsomest man in all Washington… he was a prominent figure at all the principle functions; a graceful dancer, her was a favorite of every hostess of the day.” [7] When he met Teresa, the dashing bachelor took an intense interest in the wife of the man who had helped him retain his job. The two were soon attending many functions together that Sickles, due to his work schedule could seldom attend.

Within weeks Key became a frequent guest at the Sickles home and few were surprised at this, as most observers knew that Sickles was responsible for Key’s reappointment. With Sickles now fully engaged in the dramatic political battles of late 1857, Teresa and Key began to spend much more time together. The two were seen together at the “theater, at teas, at hops. But most of all they went riding together.” [8] The frequency of these visits was noted and became the source of much gossip but Sickles was unaware of it and entertained no suspicions that his new friend was becoming deeply involved with his wife, and that Key had rented a room where the two could intimate.

That was until a young man equally smitten by Teresa had a few drinks with a colleague and the colleague shared the information with a loyal Sickles ally who then told Sickles. Sickles was shocked and called for a meeting with Key, however, after a brief conversation, Key convinced Sickles that there was nothing to the rumors, and Sickles was satisfied.

Though Sickles had been satisfied by the explanation, “despite his own well-publicized moral lapses, Daniel Sickles was a man of intense personal pride who would not countenance the breath of scandal attaching to his wife.” [9] He took the time to warn her to make sure that she was not involved in any other indiscretions, and left the subject. However, Key and Teresa continued to see each other, and “she and Barton thought that they were taking more care, and being less observed by people than they were.” [10] Yet as they pursued one another their affair became increasingly public, and seen by too many people not to go unnoticed. The two were seen together in at the Congressional Cemetery, and frequently at a house at “385 15th Street where he would enter the by the front door – and she the back.” [11] When a mutual friend expressed his concerns, Key shrugged off the warning, and “with the bravado of a proud weakling, he still held his course. And Teresa, ductile, enamored, blindly followed his lead.” [12] Another friend of Key suggested to him that he could be in danger, but Key “bridled and patted the breast of his coat. “I am prepared for any emergency,” he snapped. Key was a crack pistol shot and his friend believed that Key was preparing for a possible confrontation. [13]

Like so many people young spouses who find their needs unfulfilled at home, and who suspect their spouse of infidelity, , “Teresa did not see this love affair as tragic and dangerous. She lived within it as a secret fantasy, as in a virtual and time-consuming experience that lacked any power to inflict damage on other areas of her life.” [14] She became less discreet, Key would signal to her from across the street to confirm their dalliances and despite their insipidly inept attempt to hide the affair it became clear to Sickles’ coachman and household maids that the two were engaged in sexual encounters in the Sickles carriage and in the Stockton Mansion itself.

The situation finally came to a head in February 1859 following Sickles reelection and return to Washington. “Made more reckless than ever by their recent separation, Barton and Teresa now again were seen everywhere together.” [15] The couple were now making clandestine liaisons on a nearly daily basis, and eventually, one of the observers decided to tell Sickles. The anonymous source, using the initials of R.P.G. sent Sickles a letter detailing the affair. Sickles received the letter from a butler on the night of Thursday February 24th as he was leaving the usual dinner party at his house for the traditional hop that followed at the Willard Hotel.

Sickles did not read the letter until after the couple returned home and Teresa had gone to bed. Sickles was stunned and at first did not believe the contents as he placed little stock in anonymous messages. So he had George Wooldridge, a longtime friend and congressional clerk investigate, and on Saturday February 26th Wooldridge confirmed Sickles worst fears. That evening at their home Sickles confronted Teresa about the letter and as he stormed about angrily in their bedroom she confessed, after which Sickles had her write out her confession detailing everything. He may have been desolate and angry, but he was a lawyer, and he got his written proof.

But scandal was the last thing that Sickles wanted, as he had higher aspirations in politics, so he immediately called his friends for counsel and by Sunday morning several, including Wooldridge and Samuel Butterworth were at the Stockton Mansion with Sickles. As always, Sickles’ “first thoughts were for himself, and he melodramatically”[16] exclaimed to Butterworth, “I am a dishonored and ruined man…I cannot look you in the face.” [17]

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Murder

His friends “were profoundly touched by the depth of his feeling, and were convinced that he needed to be saved from a severe derangement of his senses; from lunacy, that is.” [18] his friends attempts to calm him, Sickles was beside himself with anger, and his anger now swirled around his marriage and what he believed was the scandal that would cost hi his career. That afternoon, Key again tempted fate, this time, for the last time. He had been tipped off by an anonymous letter that the affair was public, but he was determined to see Teresa. He made several passes by the house, each time signaling with a handkerchief, until Sickles observed him. Sickles called out to Butterworth “That villain has just passed my house! My God, this is horrible!” [19]

Butterworth left the house first and met Key at the southeast corner of Lafayette Square across from the White House. Allegedly not knowing Sickles intended any harm, Butterworth walked with Key to for a few minutes and then left. The exchange delayed Key and gave Sickles, who had armed himself with a single shot large caliber Derringer, and a muzzle-loading Colt revolver, enough time to catch up with Key near the Club House on Madison on the east side of the square. Sickles was raving but Dan’s fury transcended reality,” [20] as at least a dozen witnesses were nearby as he screamed, “Key, you scoundrel, … you have dishonored my bed – and you must die!” [21] Sickles pulled out the revolver, the first shot from which grazed Key, and the second which misfired. A brief scuffle ensued as Key lunged at his assailant, but Sickles flung him to the ground, and drew the Derringer as Key threw the opera glasses that he viewed Teresa at Dan. A third shot hit Key in the groin and he slumped to the ground screaming “Murder! Murder!… Don’t shoot!” [22]

If there was a chance for Sickles to prove that he acted in self-defense it was now, but he could not control himself. He fired the revolver yet again and it misfired. He placed the weapon in his pocket and drew the Derringer, and fired a shot which hit Key in the Liver. As Key writhed on the ground Sickles tossed the Derringer to the ground and he again drew the Colt. As the stunned witnesses to the attack looked on, Sickles advanced toward the fallen Key and placed the gun at his head and pulled the trigger, but again the weapon misfired. As Sickles attempted to place another cap in the pistol, a number of witnesses began to intervene. One man, “a member of the club, running up, stopped him. Mr. sickles – for God’s sake!” And Butterworth, coming forward, took Dan by the arm. Without a word, they walked away together.” [23] Witnesses took the mortally wounded Key away to the Club, where he expired.

President Buchanan was almost immediately told of the murder by a White House page boy, was aware of the implications of the scandal, Sickles was a friend and political ally with much promise. Buchanan told the boy leave town and gave him a sum of money to facilitate his departure. Soon after Sickles and Butterworth went by carriage “to the home of Attorney General Black, where the Congressman formally surrenders himself to the silver-haired Cabinet member who had regarded him as a protégé.” [24]He declined bail in favor of a speedy trial, was allowed to go home where he told Teresa that he had killed her lover, retrieved some personal items and then went to the District jail, “a foul hole, swarming with vermin, destitute of sewage, bath, water, ventilation, and so inadequate to its purpose that often a dozen or more prisoners were herded into a single narrow cell.” [25] When he arrived he reportedly asked the jailer if they were the best accommodations available, to which the jailer responded “this is the best place you members of Congress have afforded us.” [26] Dejected, but undeterred Sickles sent a message to the public, “In doing what I had to do I have broken the law. Therefore I place myself behind bars. It is for you to set me free.” [27] The stage was now set for the one of the most unbelievable and storied trials in American history.

Notes

[1] Ibid. Swanberg Sickles the Incredible p.4

[2] Ibid. Catton The Army of the Potomac: Glory Road p.151

[3] Ibid. Swanberg Sickles the Incredible p.15

[4] Ibid. Hessler Sickles at Gettysburg p.8

[5] Ibid. Swanberg Sickles the Incredible p.16

[6] Ibid. Pinchon Dan Sickles p.74

[7] Ibid. Hessler Sickles at Gettysburg p.9

[8] ibid. Swanberg Sickles the Incredible p.20

[9] Ibid. Swanberg Sickles the Incredible p.25

[10] Ibid. Keneally American Scoundrel p.92

[11] Ibid. Wilson and Clair They Also Served p.99

[12] Ibid. Pinchon Dan Sickles p.94

[13] Ibid. Swanberg Sickles the Incredible p.44

[14] Ibid. Keneally American Scoundrel p.92

[15] Ibid. Pinchon Dan Sickles p.93

[16] Ibid. Hessler Sickles at Gettysburg p.10

[17] Ibid. Swanberg Sickles the Incredible p.53

[18] Ibid Keneally American Scoundrel p.121

[19] Ibid. Hessler Sickles at Gettysburg p.10

[20] Ibid. Keneally American Scoundrel p.127

[21] Ibid. Swanberg Sickles the Incredible p.54

[22] Ibid. Hessler Sickles at Gettysburg p.11

[23] Ibid. Pinchon Dan Sickles p.112

[24] Ibid. Swanberg Sickles the Incredible p.55

[25] Ibid. Pinchon Dan Sickles p.114

[26] Ibid. Keneally American Scoundrel p.135

[27] Ibid. Swanberg Sickles the Incredible p.114

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Thoughts and Prayers but No Action…

Friends of Padre Steve’s World,

I am at loss for words when I hear members of Congress, the media, and others react to yet another massacre by men using military grade killing machines with the words “praying for the victims” or expressing their thoughts and sympathy for them while refusing to take any action I grow weary. Mind you, I do pray but I am reminded of how many times that the prophets of the Old Testament condemned people who prayed but did nothing about injustice, or the injustices that they themselves condoned, abetted, and took part in. Likewise, I am reminded of the words of James in his epistle that “faith without works is dead.”

Speaking of dead there are another seventeen people, including 14 children dead in Parkland, Florida, just the latest casualties in a speaking epidemic of gun violence where the perpetrators used various models of the AR-15 semi-automatic assault rifle, including weapons modified to fire on full automatic, and the vast majority of these crimes have been committed by Americans with no connection to Muslim terrorists. Targets have included schools, churches and other places of worship, movie theaters, concert venues, and businesses.

The number of attacks, their frequency, and their deadliness are all increasing, and all that happens in response from the politicians whose pockets are lined by the National Rifle Association, is to offer thoughts and prayers while loosening existing restrictions on gun ownership and weapon types, ammunition, and magazines. Likewise, the same politicians who turn the issue from guns to the mental health of the shooters are the same men and women who seek to reduce access to mental health care. The same politicians, pundits, and preachers that blame the crisis on the breakdown of American families are the ones who support economic policies that force both parents to have to work. The ones who,lay the blame on the educational system are those that reduce funding and eliminate the programs like music, art, literature, as well as vocational classes, and after school programs that broadened the minds and hopes of students.

All we get is thoughts and prayers coupled with an idolatrous worship of the Second Amendment which has been so twisted by its current supporters in ways that the men who wrote it would be appalled. Conservative columnist Brett Stephens recommended repealing the Second Amendment because of how the advances in weapons, and the difference between the situation of our country in 1787 versus today make it obsolete in its current form and interpretation.

Now I am not against guns nor gun ownership. I actually plan on getting my wife and I bolt-action carbines at some point for target shooting. That being said having served in the military for over 36 years and have qualified or familiarized on almost all of the personal or crew served weapons up to the .50 caliber machine gun the LAW, or Light Anti-Tank Weapon; of course that includes the M-16 and M-4 variants of the AR-15. I’m actually pretty good with them. Likewise, as a trauma department chaplain in two U.S. trauma centers, including Parkland Memorial Hospital in Dallas, and having seen the wounded in Iraq, I know the killing power of these weapons; I have seen the dead and mutilated bodies of adults and children. These weapons turn bones into dust and internal organs into jelly. The wounds created by the .223 caliber bullets of the AR 15 and its clones are ghastly. I have seen them up close and personal.

I fully agree with novelist Stephen King who remarked:

“Semi-automatics have only two purposes. One is so owners can take them to the shooting range once in awhile, yell yeehaw, and get all horny at the rapid fire and the burning vapor spurting from the end of the barrel. Their other use – their only other use – is to kill people”

I fully agree, I love shooting them on a rifle range and I love the smell of freshly expended 5.57 or .223 rounds. I like disassembling them, cleaning out the carbon, and putting them back together. When I was going through pre-deployment training on the way to Iraq I had no weapon because I was a chaplain, but I spent my time teaching other Navy and Air Force officers how to use and maintain their weapons. My assistant, who was dual armed on my suggestion with a pistol and an M-16 and I had an agreement when we were in country: if we got into a close combat situation he would pass me the pistol and get credit for anything I hit. Thankfully it never came to that but there were a number of situations in country where we both thought it might happen. Admittedly in our situation it would have been in self-defense but I don’t know if I could live with killing another human being, and yes we were shot at from a distance, on the ground and in the air, and when I was a teenager I was held up at gunpoint.

A lot of people are focusing on the AR-15 or the Russian AK47 or AK-74 assault rifles, but there are a lot of other weapons with similar capabilities that don’t look nearly as threatening which should be banned from civilian use or restricted to 5-10 round magazines rather than the 30-50 round magazines that are frequently used in mass killings, after all anyone using such weapons for anything than killing mass numbers of people shouldn’t need a bigger magazine. That includes personal defense, hunting, and target shooting.

Please do not forget that President Ronald Reagan supported the ban on assault weapons in 1992, after which the NRA led a decade long campaign against the “Jack booted government thugs who were coming to get our weapons.” That campaign succeeded in making sure that Congress decided to not renew the ban. Since then the NRA has done whatever it could to oppose or repeal common sense gun laws that would make it harder to own a weapon; make them less capable of mass killing by restricting magazine sizes and outlawing “bump stocks”; or keeping convicted criminals, the mentally ill, and even people linked to terrorist groups from acquiring such weapons.

Since 2016 such weapons have killed 169 people and wounded more than 500 others in mass shootings alone. That does not count the many times they are used in individual killings or ambushes targeting police officers.

The problem is not just the number of rounds that can be fired quickly from such weapons but the intended effects of their ammunition on human beings. This type of weapon was designed as a military weapon intended to inflict massive damage on enemy soldiers. People armed with them outgun the average patrol officer in any given situation making them perfect weapons for cop killers.

But even so despite the carnage, despite everything, the NRA, gun advocates, gun manufacturers, their lobbyists, and their bought and paid for political representatives fight any strengthening of gun laws.

For me this is a pro-life issue mostly driven by my faith and the practical experience of seeing exactly what happens to people when shot with this type of weapon. I saw an article today posted by a friend on Facebook about a Sheriff in Washington State who claimed that guns haven’t changed but society has in its glorification of violence. In a way he is correct, society has glorified violence, and that includes people who are vicariously living their lives as military heroes in very violent video games. But the fact is that the guns available to civilians have changed, they are far more lethal and available than they were in the overly mythologized days of the 1950s. When the AR-15 became available to civilians in the 1960s it was a game changer, it’s a inexpensive, lightweight, killing machine which enterprising individuals can convert to a fully automatic weapon using commercially available off the shelf kits.

In my opinion prayers are fine, provided that those who pray are willing to do the hard things required to stop the killing; and the first of those is either outlawing or severely restricting the ownership of weapons that have such capabilities.

Honestly I really don’t think that things will change until people of my generation and older who are the most ardent supporters of the NRA are gone from the scene and the young people who have been so often victimized by these weapons attain significant political power and put a stop the bullshit.

I know that I have friends and other readers that will disagree with me, but I can find no place in civilian society for these weapons other than on a shooting range.

Until tomorrow,

Peace

Padre Steve+

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Filed under crime, faith, laws and legislation, News and current events, Political Commentary

I’ve had Enough of the Freedom of Religion Crap from Trump’s Evangelical Supporters

tony perkins

Friends of Padre Steve’s World,

Every time I see men like Jerry Falwell Jr., Tony Perkins, Franklin Graham, James Dobson, James Robison, Pat Robertson, or any of the host of their lesser known minions, including men who are Priests, ministers, or chaplains  defend the indefensible actions and moral depravity of President Donald Trump I want to puke. Sorry, but the first time that I heard the word puke when I was a kid I loved it. I even loved it as an adult because it is an amazingly fun word, especially when you are on a Guided Missile Cruiser steaming down the Arabian Peninsula with a category five cyclone on your beam battering the ship with 18-20 foot swells for three days, and half of your shipmates are seasick and you are not, but I digress…

When I see and hear all of these modern day Pharisees or Inquisitors all that I can think is yuck.  Likewise I totally understand why so many people, especially young people are fleeing the Church in record numbers every single year and why so many others want nothing to do with the Church even if they are okay with Jesus.

In the wake of the latest “Stormy” allegations against the President in which his ecclesiastical defenders have again gone to the mat to defend him I think that it is wise to attack the motivations of the men and women who made morality, particularly their version of it a political wedge issue beginning with Bill Clinton’s sexual immorality, which I do  not defend. But to condemn him, and to demonize Barak Obama who was not a womanizer while giving Trump a free hand and pass on things that are worse than Clinton did or than they ever imagined Obama did is simply sick. They need to be called out and condemned because they are worse than hypocrites because their already tiny moral centers have shriveled up and their hearts have calcified into the hardest stone.

The fact that Tony Perkins who is one of the most extreme proponents of this hypocrisy said that Trump “gets a Mulligan”  for his dalliance with the relatively well know porn star Stormy Daniels. The fact that Trump’s lawyers paid her off with $130,000 as he began his campaign for President seems also to be a Mulligan. Honestly I can’t imagine what he would say if there was an allegation that Barak Obama or Hillary Clinton had been accused of the same thing.

As for the President I never expected anything better from him, and maybe he is deserving of the grace and mercy of God because he is a paranoid, narcissistic, Sociopath who no capacity for self-reflection or anything else related to the care of his own soul. But as to these supposed “men of God” who support the establishment of laws that benefit them and punish people that they believe to be infidels or unbelievers while excusing the  I have nothing but contempt. To see them crowing about how their supposed “religious liberty” trumps anyone else’s civil rights under the Constitution makes me want to vomit.

These are the same people who condoned or supported the heinous “imprecatory prayers” unleashed against President Obama in which they prayed for his death while subjecting him to a Jihad that the Taliban or the Iranian Imams would have been hard pressed to match.

I am a huge proponent of Religious Freedom as the Founders intended it to be, but these modern and supposedly “Conservative” Christians don’t believe in what the Founders believed, because they are Theocrats of the same kind that our Founders fled when they came to the American colonies. These men would have found the Spanish Inquisition leaders as true brothers in Christ. They would have cheered the killings of anyone deemed to be a heretic and the total destruction of the towns or cities that they lived in. The Virginia Baptist John Leland and their other American religious freedom proponents.

Leland noted:

“The notion of a Christian commonwealth should be exploded forever. … Government should protect every man in thinking and speaking freely, and see that one does not abuse another. The liberty I contend for is more than toleration. The very idea of toleration is despicable; it supposes that some have a pre-eminence above the rest to grant indulgence, whereas all should be equally free, Jews, Turks, Pagans and Christians.”

Imagine that. The man who is probably the most responsible for making sure that James Madison crafted the Bill of Rights and in particular the First Amendment would have died before agreeing to what the men and women who claim to be his theological descendent propose today.

I am actually sick of the religious liberty hyperbole of these damned Theocrats, all of them. I find that I agree with the argument of Alan Shore (James Spader) in Boston Legal when he said:

“I don’t know about you but I’m getting a little tired of the religious freedom thing. When did religion get such a good name anyway. Be it the Crusades, the reformation genocides, the troubles in Northern Ireland, the Middle East, mass slaughters in the name of Allah, the obligatory reciprocal retributions. Hundreds of millions have died in religious conflicts. Hitler did his business in the name of his creator. Religious extremism, it’s our greatest threat today, a holy jihad. If we’re not ready to strip religion of its sacred cow status, how about we at least scale back on the Constitutional dogma exalting it as all get out….

Everyone should get to believe in his God, pray to his God, worship his God of course. But to impose him on others, to victimize others in his name?  The founding fathers set out to prevent persecution, not license it…

At a certain point we have to say “enough with this freedom of religion crap. Yuck, yuck, yuck. I know, I’ll get letters….” 

I totally agree with the words of Alan Shore, enough of this politically driven “freedom of religion crap.”

Likewise I agree with Leland, this theocratic crap that Perkins and the rest of these assholes spew should be “exploded forever.”

So until tomorrow,

Peace

Padre Steve+

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Filed under christian life, ethics, faith, History, laws and legislation, News and current events, Political Commentary

“The Time for All Good Men Not to go to the Aid of Their Party, But to Come to the Aid of Their Country” Flake, Douglas, and McCarthy: Profiles In Senatorial Courage

Jeff-Flake-800x430

Friends of Padre Steve’s World,

I’m up late tonight because of a snowstorm that is allowing me to go in to work late in the morning. But that allowed me to spend more time putting this article together and that is not a bad thing.

Yesterday Senator Jeff Flake of Arizona made a speech on the Senate floor. I do not think that I have seen one like it since Stephen A. Douglas opposed President James Buchanan in 1858 regarding the LeCompton Constitution. I am trying to remember the last time I have seen a sitting U.S. Senator compare a President of his own party one of the worst dictators in the history of the world. I both watched it and read it and honestly I don’t think that I have seen anything close to it since Senator Eugene McCarthy destroyed Lyndon Johnson’s hopes for a second term in 1968.

Stephen_A_Douglas_by_Vannerson,_1859

In 1858 Douglas warned his fellow Democrats about Buchanan, saying:

“I warned the anti-Lecompton Democrats of the North that the President intended to put the knife to the throat of every man who dared to think for himself on this question and carry out principles in good faith. “God forbid,” I said “that I ever surrender my right to differ from a President of the United States for my own choice. I am not a tool of any President!”

Events like this are truly rare, they don’t happen often and when they do they are quite remarkable and are portents of bigger things to come. Douglas’s opposition ushered in a split in the Democratic Party and helped elect Abraham Lincoln who through his courage helped to overthrow the institution of slavery that Buchanan had sought to expand. McCarthy’s opposition to Johnson helped to not only torpedo Johnson’s hopes for a second term but helped to galvanize the nation against the Vietnam War, fracture the Democratic Party, and elect Richard Nixon.

mccarthy

McCarthy was equally courageous. He noted: “This is, I say, the time for all good men not to go to the aid of their party, but to come to the aid of their country.”

Senator Flake’s speech was a real watershed, try as they might to shun Flake his Republican opponents like Senator Roger Wicker of Mississippi who said: “I don’t think that sort of speech is helpful, I disagree with those quotes and I don’t know why it’s helpful. … I don’t see any need to further stir that pot.” Richard Shelby of Alabama noted: “He’s certainly crossed the Rubicon with Trump. Strife is not productive.” Jim Inhofe of Oklahoma railed against Flake “He hates him. He doesn’t like the president, I can’t imagine anyone questioning that. As it gets closer to the end of his time here, I think he’s going to accelerate his wrath against the president.” Senator John McCain defended his colleague from Arizona.

In previous times both Douglas and McCarthy were attacked by members of their own Party, McCarthy by men who would later become Republicans answering Nixon’s call to a Southern Strategy, Douglas by those who led the drive for secession and Civil War in 1860 and 1861.

Flake, for all of his flaws, and yes he does have them has been pretty much a loyal Republican voting with the GOP on Trump’s legislation the majority of the time, just like Douglas did with much of Buchanan’s legislation and McCarthy with Johnson’s. But all of them as loyal as they had been to their President and parties found something that they had to stand against.

With Douglas is was Buchanan’s assault on the Constitution and law, McCarthy it was the lies of the Johnson administration about Vietnam. Today it is Jeff Flake comparing President Trump to Josef Stalin. In fact one of his GOP critics pointed out how often that Flake had voted with Trump and asked if he would have done that with Stalin. It is a good question for anyone who ignores so much about a President so long that the legislation that they like gets approved, but that being said what Flake did was big and it demonstrated a moral courage that most politicians of both parties are lacking when they vote for legislation solely based on political expediency. So in the case of Senator Flake I say better late than never.

What the Arizona Senator was big and it is an ominous portent of the future regardless of what happens next. I say that very dispassionately as a historian.

If you have not read it or watched it here is what Senator Flake said:

Mr. President, near the beginning of the document that made us free, our Declaration of Independence, Thomas Jefferson wrote: “We hold these truths to be self-evident.” So, from our very beginnings, our freedom has been predicated on truth. The founders were visionary in this regard, understanding well that good faith and shared facts between the governed and the government would be the very basis of this ongoing idea of America.

As the distinguished former member of this body, Daniel Patrick Moynihan of New York, famously said: “Everyone is entitled to his own opinion, but not to his own facts.” During the past year, I am alarmed to say that Senator Moynihan’s proposition has likely been tested more severely than at any time in our history.

It is for that reason that I rise today, to talk about the truth, and its relationship to democracy. For without truth, and a principled fidelity to truth and to shared facts, Mr. President, our democracy will not last.

2017 was a year which saw the truth — objective, empirical, evidence-based truth — more battered and abused than any other in the history of our country, at the hands of the most powerful figure in our government. It was a year which saw the White House enshrine “alternative facts” into the American lexicon, as justification for what used to be known simply as good old-fashioned falsehoods. It was the year in which an unrelenting daily assault on the constitutionally-protected free press was launched by that same White House, an assault that is as unprecedented as it is unwarranted. “The enemy of the people,” was what the president of the United States called the free press in 2017.

Mr. President, it is a testament to the condition of our democracy that our own president uses words infamously spoken by Josef Stalin to describe his enemies. It bears noting that so fraught with malice was the phrase “enemy of the people,” that even Nikita Khrushchev forbade its use, telling the Soviet Communist Party that the phrase had been introduced by Stalin for the purpose of “annihilating such individuals” who disagreed with the supreme leader.

This alone should be a source of great shame for us in this body, especially for those of us in the president’s party. For they are shameful, repulsive statements. And, of course, the president has it precisely backward – despotism is the enemy of the people. The free press is the despot’s enemy, which makes the free press the guardian of democracy. When a figure in power reflexively calls any press that doesn’t suit him “fake news,” it is that person who should be the figure of suspicion, not the press.

I dare say that anyone who has the privilege and awesome responsibility to serve in this chamber knows that these reflexive slurs of “fake news” are dubious, at best. Those of us who travel overseas, especially to war zones and other troubled areas around the globe, encounter members of U.S. based media who risk their lives, and sometimes lose their lives, reporting on the truth. To dismiss their work as fake news is an affront to their commitment and their sacrifice.

According to the International Federation of Journalists, 80 journalists were killed in 2017, and a new report from the Committee to Protect Journalists documents that the number of journalists imprisoned around the world has reached 262, which is a new record. This total includes 21 reporters who are being held on “false news” charges.

Mr. President, so powerful is the presidency that the damage done by the sustained attack on the truth will not be confined to the president’s time in office. Here in America, we do not pay obeisance to the powerful – in fact, we question the powerful most ardently – to do so is our birthright and a requirement of our citizenship — and so, we know well that no matter how powerful, no president will ever have dominion over objective reality.

No politician will ever get to tell us what the truth is and is not. And anyone who presumes to try to attack or manipulate the truth to his own purposes should be made to realize the mistake and be held to account. That is our job here. And that is just as Madison, Hamilton, and Jay would have it.

Of course, a major difference between politicians and the free press is that the press usually corrects itself when it gets something wrong. Politicians don’t.

No longer can we compound attacks on truth with our silent acquiescence. No longer can we turn a blind eye or a deaf ear to these assaults on our institutions. And Mr. President, an American president who cannot take criticism – who must constantly deflect and distort and distract – who must find someone else to blame — is charting a very dangerous path. And a Congress that fails to act as a check on the president adds to the danger.

Now, we are told via Twitter that today the president intends to announce his choice for the “most corrupt and dishonest” media awards. It beggars belief that an American president would engage in such a spectacle. But here we are.

And so, 2018 must be the year in which the truth takes a stand against power that would weaken it. In this effort, the choice is quite simple. And in this effort, the truth needs as many allies as possible. Together, my colleagues, we are powerful. Together, we have it within us to turn back these attacks, right these wrongs, repair this damage, restore reverence for our institutions, and prevent further moral vandalism.

Together, united in the purpose to do our jobs under the Constitution, without regard to party or party loyalty, let us resolve to be allies of the truth — and not partners in its destruction.

It is not my purpose here to inventory all of the official untruths of the past year. But a brief survey is in order. Some untruths are trivial – such as the bizarre contention regarding the crowd size at last year’s inaugural.

But many untruths are not at all trivial – such as the seminal untruth of the president’s political career – the oft-repeated conspiracy about the birthplace of President Obama. Also not trivial are the equally pernicious fantasies about rigged elections and massive voter fraud, which are as destructive as they are inaccurate – to the effort to undermine confidence in the federal courts, federal law enforcement, the intelligence community and the free press, to perhaps the most vexing untruth of all – the supposed “hoax” at the heart of special counsel Robert Mueller’s Russia investigation.

To be very clear, to call the Russia matter a “hoax” – as the president has many times – is a falsehood. We know that the attacks orchestrated by the Russian government during the election were real and constitute a grave threat to both American sovereignty and to our national security. It is in the interest of every American to get to the bottom of this matter, wherever the investigation leads.

Ignoring or denying the truth about hostile Russian intentions toward the United States leaves us vulnerable to further attacks. We are told by our intelligence agencies that those attacks are ongoing, yet it has recently been reported that there has not been a single cabinet-level meeting regarding Russian interference and how to defend America against these attacks. Not one. What might seem like a casual and routine untruth – so casual and routine that it has by now become the white noise of Washington – is in fact a serious lapse in the defense of our country.

Mr. President, let us be clear. The impulses underlying the dissemination of such untruths are not benign. They have the effect of eroding trust in our vital institutions and conditioning the public to no longer trust them. The destructive effect of this kind of behavior on our democracy cannot be overstated.

Mr. President, every word that a president utters projects American values around the world. The values of free expression and a reverence for the free press have been our global hallmark, for it is our ability to freely air the truth that keeps our government honest and keeps a people free. Between the mighty and the modest, truth is the great leveler. And so, respect for freedom of the press has always been one of our most important exports.

But a recent report published in our free press should raise an alarm. Reading from the story:
“In February…Syrian President Bashar Assad brushed off an Amnesty International report that some 13,000 people had been killed at one of his military prisons by saying, “You can forge anything these days, we are living in a fake news era.”

In the Philippines, President Rodrigo Duterte has complained of being “demonized” by “fake news.” Last month, the report continues, with our President, quote “laughing by his side” Duterte called reporters “spies.”

In July, Venezuelan President Nicolas Maduro complained to the Russian propaganda outlet, that the world media had “spread lots of false versions, lots of lies” about his country, adding, “This is what we call ‘fake news’ today, isn’t it?”

There are more:

A state official in Myanmar recently said, “There is no such thing as Rohingya. It is fake news,” referring to the persecuted ethnic group.

Leaders in Singapore, a country known for restricting free speech, have promised “fake news” legislation in the new year.”

And on and on. This feedback loop is disgraceful, Mr. President. Not only has the past year seen an American president borrow despotic language to refer to the free press, but it seems he has in turn inspired dictators and authoritarians with his own language. This is reprehensible.

We are not in a “fake news” era, as Bashar Assad says. We are, rather, in an era in which the authoritarian impulse is reasserting itself, to challenge free people and free societies, everywhere.

In our own country, from the trivial to the truly dangerous, it is the range and regularity of the untruths we see that should be cause for profound alarm, and spur to action. Add to that the by-now predictable habit of calling true things false, and false things true, and we have a recipe for disaster. As George Orwell warned, “The further a society drifts from the truth, the more it will hate those who speak it.”

Any of us who have spent time in public life have endured news coverage we felt was jaded or unfair. But in our positions, to employ even idle threats to use laws or regulations to stifle criticism is corrosive to our democratic institutions. Simply put: it is the press’s obligation to uncover the truth about power. It is the people’s right to criticize their government. And it is our job to take it.

What is the goal of laying siege to the truth? President John F. Kennedy, in a stirring speech on the 20th anniversary of the Voice of America, was eloquent in answer to that question: “We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.”

Mr. President, the question of why the truth is now under such assault may well be for historians to determine. But for those who cherish American constitutional democracy, what matters is the effect on America and her people and her standing in an increasingly unstable world — made all the more unstable by these very fabrications. What matters is the daily disassembling of our democratic institutions.

We are a mature democracy – it is well past time that we stop excusing or ignoring – or worse, endorsing — these attacks on the truth. For if we compromise the truth for the sake of our politics, we are lost.

I sincerely thank my colleagues for their indulgence today. I will close by borrowing the words of an early adherent to my faith that I find has special resonance at this moment. His name was John Jacques, and as a young missionary in England he contemplated the question: “What is truth?” His search was expressed in poetry and ultimately in a hymn that I grew up with, titled “Oh Say, What is Truth.” It ends as follows:

Then say, what is truth? ‘Tis the last and the first,
For the limits of time it steps o’er.
Tho the heavens depart and the earth’s fountains burst.
Truth, the sum of existence, will weather the worst,
Eternal… unchanged… evermore.

Thank you, Mr. President. I yield the floor.

Senator Flake’s words reminded me a bit of the closing section of Dr. Martin Luther King Jr.’s Beyond Vietnam speech in which he said:

As that noble bard of yesterday, James Russell Lowell, eloquently stated:

Once to every man and nation comes a moment do decide,
In the strife of truth and Falsehood, for the good or evil side;
Some great cause, God’s new Messiah offering each the bloom or blight,
And the choice goes by forever ‘twixt that darkness and that light.
Though the cause of evil prosper, yet ‘tis truth alone is strong
Though her portions be the scaffold, and upon the throne be wrong
Yet that scaffold sways the future, and behind the dim unknown
Standeth God within the shadow, keeping watch above his own.

And if we will only make the right choice, we will be able to transform this pending cosmic elegy into a creative psalm of peace. If we will make the right choice, we will be able to transform the jangling discords of our world into a beautiful symphony of brotherhood. If we will but make the right choice, we will be able to speed up the day, all over America and all over the world, when justice will roll down like waters, and righteousness like a mighty stream. 

That being said I wish that Flake would be much more like Douglas and fight to remain in the Senate and not retire. Douglas noted about his fight with Buchanan:

“After the Christmas recess, the Administration unleashed its heavy horsemen: Davis, Slidell, Hunter, Toombs, and Hammond, all southerners. They damned me as a traitor and demanded that I be stripped of my chairmanship of the Committee on Territories and read out of the Democratic party. Let the fucking bastards threaten, proscribe, and do their worst, I told my followers; it would not cause any honest man to falter. If my course divided the Democratic party, it would not be my fault. We were engaged in a great struggle for principle, I said, and we would defy the Administration to the bitter end.”

I wish more Republicans had the courage of Flake and even more Douglas who sacrificed his ambitions as the presumed front-runner for the 1860 Presidential election. His opposition to Buchanan and the Slave Power Southern Democrats ensured his defeat. When his opponents led the South to secede Douglas remained with the Union rallying Northern Democrats to the cause. Likewise despite a lot of popular support McCarthy was opposed by the party establishment and lost his bid to be the Democratic nominee in 1968. But he said something about the office of the Presidency that every American should support and defend:

“We do not need presidents who are bigger than the country, but rather ones who speak for it and support it.”

What is going on today is as big if not bigger than the crises that led loyal party men like Douglas and McCarthy to defy their President and Party.

So until tomorrow,

Peace

Padre Steve+

 

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Filed under History, laws and legislation, leadership, News and current events, Political Commentary

“Sound Loud the Timbrel” The Emancipation Proclamation at 155 Years

Friends of Padre Steve’s World

Today is the 155th anniversary of the Emancipation Proclamation. The proclamation made by Abraham Lincoln when the outcome of the rebellion of the Southern slave states against the Union was still up in the air was a watershed for civil rights in the United States. Though it was a military order that only affected slaves in the rebellious states, it also set the stage for the 13th, 14th, and 15th Amendments and other legal rulings that affected not only African Americans and former slaves, but also Native Americans, Women, other racial minorities and LGBTQ people. It is something that in our era when so many civil rights are under threat that we must remember and continue to fight for in the coming years. Freedom is never free.

This article is a part of my hopefully soon to be published book “Mine Eyes Have Seen the Glory!” Race, Religion, Ideology, and Politics in the civil War Era. 

Peace

Padre Steve+

From the beginning of the war many Northerners, especially abolitionists and radical Republicans believed that “as the “cornerstone” of the confederacy (the oft-cited description by the South’s vice-president, Alexander H. Stephens) slavery must become a military target.” [1]When some Union generals made their own attempts at issuing emancipation orders, Lincoln countermanded them for exceeding their authority. Lincoln resisted the early calls of the abolitionists to make that a primary war goal for very practical reasons, he had to first ensure that the Border Slave States did not secede, something that would have certainly ensured that the Union would not survived. As a result in the first year of the war, Lincoln “maneuvered to hold Border South neutrals in the Union and to lure Union supporters from the Confederacy’s Middle South white belts. He succeeded on both scores. His double success with southern whites gave the Union greater manpower, a stronger economy, and a larger domain. These slave state resources boosted free labor states’ capacity to should the Union’s heavier Civil War burden.” [2] His success in doing this was instrumental in enabling him to turn to emancipation in 1862.

Finally, some twenty months after Fort Sumter fell and after nearly two years of unrelenting slaughter culminating in the bloody battle of Antietam, Abraham Lincoln published the Emancipation Proclamation. Emancipation was a tricky legal issue for Lincoln as “an executive order of emancipation would be beyond the powers of the president, but not, Lincoln concluded, if such an order were issued as furtherance of the executive’s war powers.” [3] Lincoln had desired to issue the order during the summer and sounded out elected officials and soldiers as to his plan.

Lincoln discussed his views with General George McClellan during a visit to the latter’s headquarters. McClellan stated his strident opposition to them in writing. McClellan did not admire slavery but he despised abolitionists and he wrote one of his political backers “Help me to dodge the nigger – we want nothing to do with him. I am fighting for the Union…. To gain that end we cannot afford to mix up the negro question.”  [4]

Lincoln then called border state Congressmen to sound them out on the subject on July 12th 1862 only to be met with opposition. Such opposition caused Lincoln “to give up trying to conciliate conservatives. From then on the president tilted toward the radical position, though this would not become publicly apparent for more than two months.” [5]

Lincoln’s cabinet met to discuss the proclamation on July 22nd 1862 and after some debate decided that it should be issued, although it was opposed by Postmaster General Montgomery Blair who believed that “the Democrats would capitalize on the unpopularity of such a measure in the border states and parts of the North to gain control of the House in the fall elections.” [6] Wisely, Lincoln heeded the advice of Secretary of State Seward to delay the announcement until military victories ensured that people did not see it as a measure of desperation. Seward noted: “I approve of the proclamation, but I question the expediency of its issue at this juncture. The depression of the public mind, consequent on our repeated reverses, is so great I fear…it may be viewed as the last measure of an exhausted government, a cry for help…our last shriek on the retreat.” Seward suggested that Lincoln wait “until the eagle of victory takes his flight,” and buoyed by military success, “hang your proclamation about his neck.” [7]

After the Battle of Antietam, President Lincoln issued the Preliminary Emancipation Proclamation. This document served as a warning to the leaders of the South, and insisted that there was much more at stake in their rebellion unless they surrendered; their slaves, the very “property” for which the seceded. The document “warned that unless the South laid down its arms by the end of 1862, he would emancipate the slaves.” [8] This was something that they could not and would not do, even as their cities burned and Confederacy collapsed around them in 1864.

The proclamation was a military order in which Lincoln ordered the emancipation of slaves located in the Rebel states and areas of those states occupied by Union troops. It was not designed to change law, which would have to wait until Lincoln felt he could have Congress amend the Constitution.  Instead of law it was “the doctrine of military necessity justified Lincoln’s action.” [9] The concept emanated from Boston lawyer William Whiting who argued “the laws of war “give the President full belligerent rights” as commander and chief to seize enemy property (in this case slaves) being used to wage war against the United States.” [10] There was a legitimate military necessity in the action as Confederate armies used slaves as teamsters, laborers, cooks, and other non-combatant roles to free up white soldiers for combat duty, and because slaves were an important part of the Southern war economy which could not function without them. The proclamation gave inspiration to many slaves throughout the South to desert to the Union cause or to labor less efficiently for their Confederate masters. A South Carolina planter wrote in 1865:

“the conduct of the Negro in the late crisis of our affairs has convinced me that we were all laboring under a delusion….I believed that these people were content, happy, and attached to their masters, But events and reflection have caused me to change these positions….If they were content, happy and attached to their masters, why did they desert him in the moment of need and flocked to the enemy, whom they did not know….” [11]

The proclamation authorized that freed blacks be recruited into the Federal army and it ensured that freed slaves would not again be surrendered back into slavery. As Montgomery Blair had warned Lincoln and the Republicans suffered sharp electoral reverses as “Democrats made opposition to emancipation the centerpiece of their campaign, warning that the North would be “Africanized” – inundated by freed slaves competing for jobs and seeking to marry white women.”  [12]

Lincoln’s response was to continue on despite the opposition and issue the Proclamation in spite of electoral reverses and political resistance. The vehemence of some Northern Democrats came close to matching that of white Southerners. The “white Southerner’s view of Lincoln as a despot, hell-bent on achieving some unnatural vision of “equality,” was shared by Northern Democrats, some of whom thought the president was now possessed by a “religious fanaticism.” [13] But Lincoln was not deterred and he understood “that he was sending the war and the country down a very different road than people thought they would go.” [14] He noted in December 1862:

“Fellow citizens, we cannot escape history….This fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation….In giving freedom to the slave, we assure freedom to the free – honorable alike in what we give, and what we preserve.”[15]

For Lincoln the Emancipation Proclamation was something that he believed was something that he had to do, and he believed that it would be the one thing that he did in life that would be remembered. He had long been convicted of the need for it, but timing mattered, even six months before it might have created a political backlash in the North which would have fractured support for the war effort, and in this case timing and how he made the proclamation mattered.

The Emancipation Proclamation had military, domestic political, and diplomatic implications, as well as moral implications for the conduct of the war.

The military implication would take some time to achieve but were twofold. First, Lincoln hoped that the Emancipation Proclamation would encourage former slaves, as well as already free blacks in the North to join the Union cause and enlist to serve in the Federal Army. The act would vest African Americans in the Union’s cause as little else could, and at the same time begin to choke-off the agricultural labor force that provided the backbone of the Confederate economy. Frederick Douglass eloquently made the case for African Americans to serve in July 1863, telling a crowd in Philadelphia, “Do not flatter yourself, my friends, that you are more important to the Government than the Government is to you. You stand but as a plank to the ship. This rebellion can be put down without your help. Slavery can be abolished by white men: but Liberty so won for the black man, while it may leave him an object of pity, can never make him an object of respect…. Young men of Philadelphia, you are without excuse. The hour has arrived, and your place is in the Union army. Remember that the musket – the United States musket with its bayonet of steel – is better than all the parchment guarantees of Liberty. In you hands the musket means Liberty…” [16] By the end of the war over 180,000 African American men would serve as volunteers in the United States Army.

Politically the proclamation would the diplomatic purpose by isolating the Confederacy from European assistance. This it did, after the proclamation public sentiment, especially among Europe’s working classes turned solidly against the Confederacy. Domestically it would break-ground for the Thirteenth Amendment, which Lincoln, the pragmatic lawyer was needed to actually abolish slavery. Morally, it  would serve as the guarantee of The United States Government’s public, irrevocable pledge of freedom to African Americans if the North won the war.

Lincoln signed the order on January 1st 1863. As he got ready to sign the document he paused and put down the pen, speaking to Seward he said “I never, in my life, felt more certain that I was doing right, than I do now in signing this paper….If my name ever goes down in history it will be for signing this act, and my whole soul is in it.” [17] The opening paragraph read:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.” [18]

At the ends of the proclamation he added the words suggested by his devoutly Christian Secretary of the Treasury Salmon Chase: “And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.” [19]

The response throughout the North was euphoric as celebrations took place throughout the North. In some cities one hundred gun salutes were fired. At Boston’s Tremont Temple people broke out singing a hymn “Sound the loud timbrel o’er Egypt’s dark sea, Jehovah hath triumphed, his people are free.” [20] The Boston Daily Evening Telegraph predicted, “Slavery from this hour ceases to be a political power in this country…such a righteous revolution as it inaugurates never goes backward.” [21]

Frederick Douglass wrote about his reactions to the Emancipation proclamation as he had nearly despaired wondering if the Lincoln administration would actually take up the fight for emancipation:

“The fourth of July was great, but the first of January, when we consider it in all of its relations and bearings in incomparably greater. The one we respect to the mere political birth to a nation, the last concerns national life and character, and is to determine whether that life and character shall be radiantly and glorious with all high and noble virtues, or infamously blackened, forevermore, with all the hell-darkened crimes and horrors which we attach to Slavery.” [22]

The proclamation was not all some had hoped for and it was certainly provoked a negative response in the South and among many Northern Democrats. Southerners accused Lincoln of inciting racial warfare and Jefferson Davis responded “The day is not so distant when the old Union will be restored with slavery nationally declared to be the proper condition of all of African descent.” [23]

But the proclamation did something that politicians, lawyers did not comprehend, that “the details of the emancipation decree were less significant than the fact that there was an emancipation decree, and while the proclamation read like a dull legal brief, filled with qualifying clauses and exceptions, it was not language made for this, finally, a moral document. It was its existence, its title, its arrival into this world, its challenge to the accepted order, and from that there was no turning back. In this sense it was a revolutionary statement, like the Declaration itself, and nearly as significant.” [24]That the proclamation most certainly was and it was a watershed from which there was no stepping back. “It irrevocably committed the government of the United States to the termination of slavery. It was an act of political courage, take at the right time, in the right way.” [25]

However, it would take another two years, with the Confederacy crumbling under the combined Federal military onslaught before Lincoln was able to secure passage of the Thirteenth Amendment to the Constitution in January 1865.  The amendment abolished slavery and involuntary servitude throughout the country, as well as nullified the fugitive slave clause and the Three-Fifths Compromise. It would be followed after Lincoln’s death by the Fourteenth Amendment which reversed the result of the Dred Scott decision and declared that all people born in the United States were citizens and entitled to the rights of citizenship. During the Grant administration the Fifteenth Amendment was passed, and this finally extended to African American men, the right to vote in every state.

Though limited in scope, the Emancipation Proclamation had more than a domestic military, social and political effect. It also had an effect on foreign policy which ensured that Britain, and thereby France would not intervene in the war on behalf of the Southern Confederacy. It stopped all British support for the Rebels to include seizing warships that had been contracted for by Confederate agents that were building or being fitted out in British Yards. Likewise the British rejected various proposals of Emperor Napoleon III to intervene in the war in late 1862 and during the summer of 1863.

Effects of the Emancipation Proclamation on Military Law

The Emancipation Proclamation and the elimination of slavery also impacted the Union war effort in terms of law, law that eventually had an impact around the world as nations began to adapt to the changing character of war. It was important because for the first time slavery was accounted for in the laws of war. The “Instructions for the Government of Armies of the United States in the Field, General Orders No. 100 by President Lincoln, April 24, 1863; Prepared by Francis Lieber, LLD noted in Article 42 of that Code:

“Slavery, complicating and confounding the ideas of property, (that is of a thing,) and of personality, (that is of humanity,) exists according to municipal or local law only. The law of nature and nations has never acknowledged it. The digest of the Roman law enacts the early dictum of the pagan jurist, that “so far as the law of nature is concerned, all men are equal.” Fugitives escaping from a country in which they were slaves, villains, or serfs, into another country, have, for centuries past, been held free and acknowledged free by judicial decisions of European countries, even though the municipal law of the country in which the slave had taken refuge acknowledged slavery within its own dominions.” [26]

It continued in Article 43:

“Therefore, in a war between the United States and a belligerent which admits of slavery, if a person held in bondage by that belligerent be captured by or come as a fugitive under the protection of the military forces of the United States, such person is immediately entitled to the rights and privileges of a freeman To return such person into slavery would amount to enslaving a free person, and neither the United States nor any officer under their authority can enslave any human being. Moreover, a person so made free by the law of war is under the shield of the law of nations, and the former owner or State can have, by the law of postliminy, no belligerent lien or claim of service.” [27]

The Continued Fight for Emancipation: Dealing with the Copperheads and the Passage of the Thirteenth Amendment

But there were still legitimate concerns that slavery might survive as the war continued. Lincoln knew that in issuing the Emancipation Proclamation raised the stakes of the war far higher than they had been. He noted, “We shall nobly save, or meanly lose, the last best hope on earth.” [28] The threat of the destruction of the Union and the continuance of slavery in either the states of the Confederacy, the new western states, territories, or the maintenance of the Union without emancipation was too great for some; notably, the American Freedmen’s Commission to contemplate. With Grant’s army stalled outside Richmond the Copperheads and the peace party gained influence and threatened to bring about a peace that allowed Confederate independence and the continuance of slavery; members of that caucus they Edwin Stanton in the spring of 1864:

“In such a state of feeling, under such a state of things, can we doubt the inevitable results? Shall we escape border raids after fleeing fugitives? No man will expect it. Are we to suffer these? We are disgraced! Are we to repel them? It is a renewal of hostilities!…In the case of a foreign war…can we suppose that they will refrain from seeking their own advantage by an alliance with the enemy?”[29]

The effort of the Copperheads and the peace party to was soon crushed under the military successes of William Tecumseh Sherman’s armies in Georgia. This was especially true of the capture of Atlanta, which was followed by Sherman’s march to the sea and the Carolinas. Additionally the naval victory of David Farragut’s fleet at the Battle of Mobile Bay served to break the stranglehold that the Copperheads were beginning to wield in Northern politics.  These efforts helped secure Lincoln’s reelection by a large margin in the 1864 presidential election over a divided Democratic opposition, whose presidential nominee McClellan could not even endorse his party’s platform.

In his Second Inaugural Address, Abraham Lincoln discussed the issue of slavery as the chief cause of the war. In it, Lincoln noted that slavery was the chief cause of the war in no uncertain terms and talked in a language of faith that was difficult for many, especially Christians, who “believed weighty political issues could be parsed into good or evil. Lincoln’s words offered a complexity that many found difficult to accept,” for the war had devastated the playground of evangelical politics, and it had “thrashed the certitude of evangelical Protestantism” [30] as much as the First World War shattered Classic European Protestant Liberalism.  Lincoln’s confrontation of the role that people of faith brought to the war in both the North and the South is both illuminating and a devastating critique of the religious attitudes that so stoked the fires of hatred.  His realism in confronting facts was masterful, and badly needed.  He spoke of “American slavery” as a single offense ascribed to the whole nation.” [31]

“One-eighth of the whole population were colored slaves, not distributed generally over the Union, but localized in the southern part of it. These slaves constituted a peculiar and powerful interest. All knew that this interest was somehow the cause of the war. To strengthen, perpetuate, and extend this interest was the object for which the insurgents would rend the Union even by war, while the Government claimed no right to do more than to restrict the territorial enlargement of it. Neither party expected for the war the magnitude or the duration which it has already attained. Neither anticipated that the cause of the conflict might cease with or even before the conflict itself should cease. Each looked for an easier triumph, and a result less fundamental and astounding. Both read the same Bible and pray to the same God, and each invokes His aid against the other. It may seem strange that any men should dare to ask a just God’s assistance in wringing their bread from the sweat of other men’s faces, but let us judge not, that we be not judged. The prayers of both could not be answered. That of neither has been answered fully. The Almighty has His own purposes. “Woe unto the world because of offenses; for it must needs be that offenses come, but woe to that man by whom the offense cometh.” If we shall suppose that American slavery is one of those offenses which, in the providence of God, must needs come, but which, having continued through His appointed time, He now wills to remove, and that He gives to both North and South this terrible war as the woe due to those by whom the offense came, shall we discern therein any departure from those divine attributes which the believers in a living God always ascribe to Him? Fondly do we hope, fervently do we pray, that this mighty scourge of war may speedily pass away. Yet, if God wills that it continue until all the wealth piled by the bondsman’s two hundred and fifty years of unrequited toil shall be sunk, and until every drop of blood drawn with the lash shall be paid by another drawn with the sword, as was said three thousand years ago, so still it must be said “the judgments of the Lord are true and righteous altogether.” [32]

Notes 

[1] Ibid. Foner Forever Free: The Story of Emancipation and Reconstruction p.42

[2] Ibid. Freehling The South vs. The South p.47

[3] Brewster, Todd. Lincoln’s Gamble: The Tumultuous Six Months that Gave America the Emancipation Proclamation and Changed the Course of the Civil War Scribner a Division of Simon and Schuster, New York and London p.59

[4] Ibid. McPherson The Battle Cry of Freedom p.364

[5] Ibid. McPherson The Battle Cry of Freedom p.504

[6] McPherson, James M. Tried by War: Abraham Lincoln as Commander in Chief Penguin Books, New York and London 2008 p.109

[7] Ibid. Goodwin Team of Rivals p. 468

[8] Ibid. Foner Forever Free p.49

[9] McGovern, George Abraham Lincoln Times Books, Henry Holt and Company, New York 2009 p.70

[10] Ibid. McPherson Tried by War: p.108

[11] Ibid. Zinn The Other Civil War p.39

[12] Ibid. Foner Forever Free p.49

[13] Ibid. Brewster Lincoln’s Gamble p.169

[14] Ibid. Guelzo Fateful Lightning p.184

[15] Ibid. Foner Forever Free p.49

[16] Douglass, Frederick. Philadelphia Speech of July 6th 1863 recorded in the Liberator in The Civil War and Reconstruction: A Documentary Collection edited by William E. Gienapp, W.W. Norton and Company, New York and London 2001 p.221

[17] Ibid. Goodwin Team of Rivals p. 499

[18] Lincoln, Abraham The Emancipation Proclamation The National Archives & Records Administration retrieved from http://www.archives.gov/exhibits/featured_documents/emancipation_proclamation/transcript.html 14 June 2014

[19] Ibid. Lincoln The Emancipation Proclamation

[20] Ibid. Brewster Lincoln’s Gamble p.244

[21] Ibid. McPherson The Battle Cry of Freedom p.501

[22] Ibid. Guelzo Fateful Lightning pp. 180-181

[23] Ibid. Goldfield America Aflame p.263

[24] Ibid. Brewster Lincoln’s Gamble p.245

[25] Ibid. McGovern Abraham Lincoln p.78

[26] Reichberg, Gregory M, Syse Henrik, and Begby, Endre The Ethics of War: Classic and Contemporary Readings Blackwell Publishing Ltd, Malden, MA and Oxford UK 2006 p.570

[27] Ibid. Reichberg et al. The Ethics of War p.570

[28] Ibid. Goldfield America Aflame p.263

[29] Ibid. Guelzo Fateful Lightning p.534

[30] Ibid. Goldfield  America Aflame p.358

[31] Ibid. Wills Lincoln at Gettysburg p.186

[32] Lincoln, Abraham Second Inaugural Address March 4th 1865 retrieved from www.bartleby.com/124/pres32.html 24 March 2014

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