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“These acts… are overt acts of war.” The Attack on Fort Sumter

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Friends of Padre Steve’s World,

Here is this is the first of a two-part installment of my Civil War text. The story follows the implosion of the Democratic Party, the election of Abraham Lincoln, and the secession crisis. It describes who the attack came about and the reactions of people in all parts of the country, as well as the Army to those fateful shots. I hope that you enjoy.

Peace

Padre Steve+

The remaining forts under Federal control in the South were a thorn in the side and a constant reminder to Jefferson Davis of the power of the federal government. As such he attempted to negotiate to obtain the forts, and when that offer was rejected out of hand by both Buchanan and Lincoln he began military preparations to seize them if negotiations failed. His task was complicated in Charleston where the Federal commander, Major Robert Anderson unexpectedly withdrew his entire garrison from the mainland to Fort Sumter in Charleston harbor. The move was prompted by President Buchanan’s dithering on the status of the fort and garrison. Anderson was a Southerner who had decided to remain loyal to the Union, his second in command was Captain Abner Doubleday, a strongly committed abolitionist.

Under the cover of darkness the Union officers withdrew their men from old and weak Fort Moultrie in Charleston to Fort Sumter gaining him instant adulation in the North and condemnation in the South. Buchanan wanted to abandon the fort but “when it appeared that Northern public opinion was solidly behind Anderson, Buchanan changed his mind and attempted to persuade the South Carolinians to accept Anderson’s occupation of Fort Sumter as a legitimate exercise of federal authority.” [1] Jefferson Davis, who had not yet resigned from the Senate awaiting Mississippi’s declaration of secession complained that he “pleaded with Buchanan to give up Sumter and avert impending calamity. Once again the old imbecile refused, after his fashion, which is to say that he muttered to himself, nodded and tilted his head as if in agreement, begged leave to say a prayer, and then did nothing at all. Plainly the reins of state were in feeble hands. Had this lame-duck President withdrawn the troops from Sumter, he might have turned away the threatening of civil war.” [2]But Davis was blind to the political realities in the North that secession and seizure of other Federal installations had brought about. A prominent Northern Democrat wrote that “Anderson’s course of action is universally approved and that if he is recalled or if Sumter is surrendered… Northern sentiment will be unanimous in favor of hanging Buchanan….I am not joking – Never have I known the entire people more unanimous on any question. We are ruined if Anderson is disgraced or Sumter given up.” [3] Congressman Dan Sickles who had been such a friend of the South for so many years, even backing peaceful secession, spoke out against the Southern seizure of federal installations, said that the secessionists had committed “a fatal error” and said “it will never do, sir, for them to protest against coercion, and, at the same moment seize all the arms and arsenals and forts and navy yards, and ships that may, through our forbearance, fall within their power. This is not peaceful secession. These acts, whensoever or whomsoever done, are overt acts of war.” [4]

major anderson

Buchanan made a belated attempt to reinforce and resupply the fort and on January 9th 1861, an unarmed civilian ship, the Star of the West entered Charleston harbor. But the operation was bungled, secrecy was broken and the South Carolinians knew the ship was coming, even as Anderson did not get the message about the relief expedition and permission to fire if the Star of the West was fired upon. As a result when Confederate gunners opened fire on the steamer, Anderson, who had instructions to defend himself and not for an instance such as this, did nothing to intervene. “If he opened fire, the United States and South Carolina would be at war…. Major Anderson hesitated, plainly uncertain, an immense weight of responsibility resting on him….” [5] As a result the Star of the West retreated, leaving the garrison unreinforced. But the secessionists “had overplayed their hand. The South Carolina gunners who fired on the Star of the West had, in effect, invited the Federal government to start the war then and there if it wanted a war….” [6] The firing on the Star of the West further inflamed Northerners. Dan Sickles thundered in the House chambers “the authorities of South Carolina, through their military forces, opened fire upon that defenseless ship, and compelled her to retire and abandon the peaceful and legitimate mission in which she was engaged. Now, sir, that was an act of war, unqualified war.” [7]

The debate continued as Buchanan eased out of office and the new Confederate government of Jefferson Davis took ownership of the situation in Charleston. Buchanan did not want to do anything overt to tip the balance in undecided slave states toward secession and Davis did not want South Carolina to act alone and risk a premature attack on the fort. But as both sides waited the balance of power in Charleston shifted, “as local troops day by day strengthened the ring of batteries confronting Sumter’s garrison.” [8] In incoming Lincoln administration debated what to do with some of the incoming cabinet members counseling withdraw and others resistance to Confederate demands. Lincoln gave serious thought to abandoning the fort but could not bring himself to authorize the action. He understood that if he ordered evacuation, “the credibility of his presidency and the Republican administration would be in pieces before either had scarcely begun.” [9]

Instead the new President sought more information and sent three men “down to Charleston to observe the situation and report on what they saw. The first two, both southern-born, were Illinois law associates, both reported reconciliation impossible…. The third, a high-ranking naval observer who secured and interview with Anderson at the fort, returned to declare a relief expedition was feasible.” [10] He also continued to meet with his cabinet members to decide on the appropriate policy to meet the challenge to federal authority in Charleston. “He met with Francis Blair, who, like his son, Monty, believed passionately that the surrender of Sumter “was virtually a surrender of the Union unless under irresistible force – that compounding with treason was treason to the Govt.” [11] On March 29th Lincoln again met with his cabinet and having weighed all of the options, decided to resupply the fort. His decision was to “not send guns or bullets to Sumter, only food and medicine. He would resupply, but not rearm, it. And he would announce the plan in advance so the South could not regard the effort as an act of hostility by an enemy.” [12] If the attempt succeeded “federal authority in South Carolina had been preserved, and Charleston could do little short of war to change it; if it failed, the failure would be due to Charleston’s decision to open fire, and the onus of beginning a civil war would lie on their hands.” [13]

Even as the Confederate moved even more troops and guns into position around the Sumter, more and more people of influence were growing impatient with the delays in gaining Fort Sumter and feared that if something was not done that in some places there might be a call to return to the Union. Jefferson Davis was under great pressure to act, a newspaper in Mobile Alabama editorialized that “If something is not done pretty soon…the whole country will be so disgusted with the sham of independence that the first chance the people get at a popular election the y will turn the whole movement topsy-turvy.” [14] Likewise, “Southern ardor was chafing at the bit anyway, and failure to meet the challenge threatened to undermine the government and weaken Southern resolve.” [15]

P.G.T._Beauregard

General P.T.G. Beauregard C.S.A.

Knowing from Southern sympathizers still in Washington that a relief expedition was coming, General P.T.G. Beauregard “had already cut off Major Anderson’s purchases in the Charleston market the day before Governor Pickens received Lincoln’s message about the intention to provision Sumter.” [16] Pickens forwarded the message to Davis in Montgomery and Davis was forced to either back down on their threats or fire the first shot of the war, and even worse from a messaging standpoint, “that first shot would be for the immediate purpose of keeping food from hungry men.” [17]

Davis was extremely angry when he went into conference with his cabinet on April 9th upon getting the news of the relief expedition. The debate in the cabinet “ran long and heated. Davis favored proceeding with the bombardment. Charleston’s batteries were ready, and the South Carolinians were more than anxious,” [18] and the majority of the cabinet, with the exception of Robert Toombs concurred. He wrote:

“I summoned the Cabinet and told them that negotiation was now at an end, and that it was time to bombard the fort. Yes, I said, we would now be firing the first shot, but that was not our fault. It was Lincoln who intended war. He and that lying Seward had drawn the sword, and we were responding to them. We were defending our honor.

Toombs, my Secretary of State disagreed. “Sir,” he said to me, “firing at the fort is suicide. It’s unnecessary, it puts us in the wrong, it’s fatal.”

“Sir,” I said, “you are wrong.”

On April tenth, I ordered General Beauregard to demand the evacuation of Fort Sumter, and if refused, to reduce it with his guns.” [19]

Beauregard delivered the ultimatum to Anderson, who rejected it noting that “his sense of honor and obligations to his government prevented him his complying; but in conversation with Beauregard’s aides he remarked that in any event, the garrison would be starved out in a few days.” [20] But the fear of the Confederates that the relief force might actually arrive and succeed in its mission prompted them to open fire on the fort at 4:30 a.m. on the morning of the 12th. The relief force was scattered by a gale and could not resupply Anderson. The bombardment lasted thirty-three hours, and while Anderson’s troops resisted but could not man all of their guns and were short on ammunition and powder. With the fort heavily damaged by over 4,000 hits and interior of the fort on fire, a fire that was threatening the powder magazines, Anderson gave the order to surrender. Beauregard allowed the assembled U.S. Navy ships to evacuate the garrison and as a parting gesture the Confederate General allowed Anderson’s troops to fire a last salute to Old Glory. They hauled down the smoke stained and torn Star Spangled Banner and marched to the ship taking them off the island with their drums beating the tune “Yankee Doodle.” Lincoln realized the importance of what had happened all too well. He noted, “They attacked Sumter. It fell and thus did more service than it otherwise would.” [21]

Notes

[1] Ibid. Guelzo Fateful Lightening p.136

[2] Ibid. Oates The Approaching Fury p.367

[3] Ibid. McPherson The Battle Cry of Freedom pp.265-266

[4] Ibid. Keneally American Scoundrel p.211

[5] Ibid. Catton The Coming Fury pp.180-181

[6] Ibid. Catton The Coming Fury p.184

[7] Ibid. Keneally American Scoundrel pp.211-212

[8] Ibid. Potter The Impending Crisis p.544

[9] Ibid. Guelzo Fateful Lightening p.137

[10] Ibid. Foote The Civil War, A Narrative. Volume One p.46

[11] Ibid. Goodwin Team of Rivals p. 335

[12] Holzer, Harold Lincoln: How Abraham Lincoln Ended Slavery in America Newmarket Press for itbooks an imprint of Harper Collins, New York 2012 p.80

[13] Ibid. Guelzo Fateful Lightening p.137

[14] Ibid. McPherson The Battle Cry of Freedom p.272

[15] Ibid. Catton Two Roads to Sumter p.278

[16] Weigley, Russell F. A Great Civil War: A Military and Political History 1861-1865 Indiana University Press, Bloomington and Indianapolis 2000 pp.20-21

[17] Ibid. Foote The Civil War, A Narrative. Volume One p.47

[18] Ibid. Davis Jefferson Davis p.323

[19] Ibid. Oates The Approaching Fury pp.416-417

[20] Ibid. Weigley A Great Civil War p.21

[21] Ibid. Goldfield America Aflame p.202

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Dan Sickles Part Three: “The Whole Country Turned Jury”

Friends of Padre Steve’s World,

I am taking a break for a while to read and reflect and as such I and 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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The Sickles Trial

The stage was now set for the one of the most unbelievable and storied trials in American history, a trial that would have been much more suited to the era of 24/7 cable news coverage and the Internet than the era of the telegraph and newspaper, but even so it was sensational by any standard and it riveted the attention of the public in every part of the nation, from the largest cities to the smallest towns.

Almost immediately swarms of journalists were camped outside the prison and Sickles’ house where distraught Teresa sought a way to gain Dan’s forgiveness having received his broken wedding band which he sent to her from the jail. Witnesses to her dalliances with Key at the 15th Street house and other venues were brought to the Stockton Mansion to identify her. “She was the meat in the market, the ogre at the carnival. A little way across the square, souvenir hunters were cutting fragments of wood out of the tree by which Key had fallen, and artists from the illustrated papers set up their easels and began sketching every aspect of the area – the railings, the Stockton Mansion, the Clubhouse.” [1] A Presbyterian pastor who knew the couple found her obsessed by the shame that she had brought upon herself and her daughter, and he “found her in such mental agony that he feared for her sanity and even felt that she might try to take her life.” [2]

It was a credit to her own emotional strength that Teresa survived the ordeal that she had helped to bring about, and which she found herself blamed for, even by her father, who felt that she had dishonored the Bagioli family name. Antonio Bagioli wrote to Dan in prison, “You have heaped on my child affection, kindness, devotion, generosity. You have been a good son, a true friend, and a devoted, kind, loving husband and father.” [3] Of all the commentators, it was the eminent historian and diplomat George Bancroft who seemed to have any “sense of Teresa’s pain: “Poor child, what a cruel thing to deprive her of her sole stay and support. Key was the only man she could look to for sympathy and protection.” [4]

After Barton Key’s lifeless body was borne off in a mahogany casket to the Presbyterian cemetery in Baltimore and buried in the grave of his dead wife, and his children placed in the care of his family, his effects, what they amounted to, including his resplendent Montgomery Guards uniform were “sold off to a morbid, bargain-hunting, souvenir-hounding crowd.” [5] It was an ignoble end to the scandalous story of the son of Francis Scott Key, a story that soon with all of its salacious detail would be revealed to the public.

Meanwhile, inside the jail her husband, alternating between fits of rage and calm was visited by Washington’s Mayor James Barret, Sam Butterworth, Attorney General Black, Vice President John C. Breckinridge, and Speaker of the House, James Orr. He was comforted by the many expressions of support and sympathy found in scores of letters from people around the country, one of the first “a kindly note from the President,” [6] and others from total strangers. He was also joined by friends and allies from New York and Washington. “James Topham Brady, John Graham, and Thomas Francis Meagher, able lawyers all, arrived post haste to defend their rash ally” [7] as well as his father who before offering encouragement to his son offered a sharp chastisement, “You hot-headed fool! That’s no way to settle things! No woman’s worth it! No matter how you come out of this, you’ve killed your career – White House and everything else.” [8]Undeterred and calm Dan told his father that he understood and that if he had to he would do it again, after which, his father began to discuss the organization of his son’s defense with this legal team.

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The case was front page news in all the major newspapers, which provided “extensive coverage of the “Sickles Tragedy.” Sickles’ murder of his friend Key in broad daylight in view of the White House had all of the scandalous elements that have thrilled Americans then and even today: “adultery, politics, celebrity, and a handsome corpse,” [9] not to mention a beautiful young woman who even more than her husband who had killed a man, stood accused in the eye of the public.

Despite the notoriety of the case, many people found sympathy with Sickles and believed that no jury would convict him of murder or manslaughter, after all, Teresa was the one who committed adultery with Key. The New York Herald “doubted that a grand jury would indict him. Even if he were indicted, Harper’s Weekly presumed that no jury would convict him of manslaughter if the adultery charge were proven, which it considered a foregone conclusion.” [10] The New York Times noted well before the trial opened, “there appears to be no second opinion as to the certainty of Mr. Sickles acquittal” but “national interest” arose from “the general desire to see the whole case fairly put, and the million scandals of mystery laid to rest by the plain facts.”[11]Newspapers like the New York Evening Post, his political arch-enemy found the murder an excellent opportunity to attack Sickles, “That wretched man, Daniel E. Sickles, has in his career reached the stage of assassination, and dipped his hands in human blood… It is certain that a man… who in his own practice, regards adultery as a joke and the matrimonial bond as no barrier against the utmost caprice of licentiousness – has little right to complain when the mischief which he carriers without scruple into other families enters his own.” [12] But such commentary was the exception, and it came from the organ of a political enemy. It is an interesting comment on the era, that a woman’s adultery, even when committed by the wife of an adulterous male who had killed her lover, was consider more of a social stigma and crime than murder.

Within days Sickles had assembled one of the most formidable defense teams ever to dominate an American court. Brady, who was considered to be the ablest criminal defense lawyer of his day became the lead attorney for the defense team, and was joined by Sickles’ New York friends, Graham and Meagher. Brady was an excellent choice, he “was admired and even loved by society in general, but on top of that, though his legal repertoire was wide, he had been involved successfully in more than fifty murder cases.” And he “had also made a special study of pleas of insanity,” [13] something that would figure greatly in the trial.

Additionally, President Buchanan helped recruit one of the finest attorneys in the country, the future Secretary of War, Edwin Stanton to the team. They were joined by four lesser known, yet high-powered attorneys; Samuel Chilton a Virginian who later represented John Brown, and his partner Allen Magruder, Daniel Ratcliffe, and Philip Phillips, a former Alabama Congressman and member of Washington’s Jewish community. Additionally, Reverdy Johnson, one of the most respected attorneys of the day served as an occasional advisor. “The Washington Evening Star observed that Sickles was collecting a lot of lawyers for a man whose defenders did not expect to leave their box before acquitting him.” [14]

Sickles’ defense team was a nineteenth century legal Dream Team against which the government deployed but one attorney, Key’s former assistant District Attorney Robert Ould. Ould, described by one of Sickles’ biographers as “a dull bull of a man, at one time a Baptist parson,” [15] had been named acting District Attorney by President Buchanan when Key was killed. It was an odd place for Ould, as he was serving to prosecute his former boss’s killer, at the behest of the President, who happened to be one of the defendant’s best friends. Ould, the former parson “was placed by inference in the unhappy position of defending adultery – something that he indignantly denied, insisting that he was merely prosecuting a killer….” [16] but to many people, the murderer of an adulterer by an aggrieved husband was complete justified. Ould was totally outclassed by the defense team, and Key’s family paid to have John Carlisle a respected Washington attorney to aid Ould in the case, but the trial would prove them appear incompetent and not up to the task of convicting Sickles.

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Teresa Sickles Confession on the Front Page of Harper’s Weekly

The defense pushed for a speedy trial and decided, as many lawyers do today, to try the case in the newspapers, which in light of the lurid nature of the story hung on every word coming out of Washington. The defense team pursued the strategy of “entirely reversing the roles of Sickles and Key by putting the dead man on trial for having made a victim of the defendant, and the New York Press prepared the public for just such an emotional appeal.” [17] The news stories printed by papers that supported Sickles as well as those of his detractors helped inflame the public as the newspapers across the country “wherever wires ran, were front-paging the story under screaming headlines and, in larger cities, rushing out extras every hour or two, as fresh details came to hand.” [18] The private affairs of Dan and Teresa Sickles became known around the nation, and even though the judge in the case refused to admit the confessions Sickles had forced from Teresa into evidence they found their way into the papers, some like Harper’s not only ran the text but reproduced the confession in enlarged facsimile form. The question in many people’s mind “was Dan Sickles justified in slaying the man who had betrayed his confidence and seduced his wife?… As a consequence the whole country turned jury.” [19]

The trial began on April 4th, just over a month after the killing and barely a week after the indictment was handed down. The first three days involved jury selection, a task that the defense turned over to Philip Phillips, who sparred with the prosecutor Ould over the twelve men who would eventually sit in judgment of Dan Sickles. Ould attempted to gain a favorable jury by introducing the property qualifications of jurors, he “ruled out jurors who did not meet the requirement of owning property valued at $800. Since this $800 property limit had not been imposed in similar cases, Ould’s insistence on it would attract much scorn from Dan’s lawyers…”[20]Sickles’ team fought back embarrassing Ould in the process, but not getting the judge to change his narrow application of the law to help the defense. Over two hundred potential jurors were examined before twelve unbiased jurors could be found, and a “great majority of those dismissed confess strong prejudice in favor of the prisoner.” [21] When the jury was seated it was composed of twelve men, two farmers, four grocers, a merchant, a tinner, a coach maker, a men’s clothing salesman, a shoemaker, and a cabinetmaker, “but not a single “gentleman” in the occupational sense.” [22]

Ould opened his case, “ponderously, powerfully, in the blackest of terms,” [23] he drew a picture of the killing. He delivered an “emotionally charged argument that Sickles, “a walking magazine,” had taken deliberate care in arming himself against Key, who only had “a poor and feeble opera-glass.” [24] Ould argued “that homicide with a deadly weapon, perpetrated by a party who has all the advantage on his side and with all the deliberate cruelty and vindictiveness, is murder, no matter what the antecedent provocation in the case.”[25]He then called twenty-eight witnesses, the majority of whom had actually witnessed the shooting, but he did not call upon Butterworth, Teresa, or the young White House page boy who had told President Buchanan and been sent away. Likewise he had not established intent, a key factor in any murder trial, nor had he introduced evidence that he had obtained regarding Sickles’ own affairs with women in Philadelphia, Baltimore, and elsewhere. The presentation of the physical evidence of Barton Key’s clothing and the bullet that supposedly killed Key was botched, the bullet that the prosecution claimed to have killed key did not fit either the Derringer, or the Colt revolver. Thus Ould left open for the defense the chance to explore all the salacious details of the case to put Key on trial, and to establish exculpatory reasons why Sickles had killed Key. Ould’s presentation of his case was brief, and so futile “that it seemed that Key was on trial for seduction, not that Sickles was on trial for murder.” [26]

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Sickles in the Prisoner’s Dock

The defense team made mincemeat of the prosecution. John Graham’s opening statement was a work of oratory genius that “would massively outshine Robert Ould’s more cumbersome opening.” [27]Weaving allusions from Shakespeare and other literary greats into his statement, he painted Sickles as the victim of a adulterous rogue who had on a Sunday, a day when he should have “sent his aspirations heavenward,” had instead besieged “that castle where for security and repose the law had placed the wife and children of his neighbor.” [28] Casting Sickles as the aggrieved and temporarily insane victim he also asked if it was a “crime for a husband to defend his family altar.” From there he proceeded to use quotes from Shakespeare’s Othello he inveighs against the adulterer as the supreme criminal, piling up quotation upon quotation from the Old Testament and Roman law to show that in wiser days the punishment invariably was death’” [29] to paint the picture of Sickles’ agony as he saw the man who had defiled his wife prowling outside of his home. Graham then went to provocation and argued that due the circumstance of the crime, a friend and confidant attempting to defile Sickles’ wife on a Sunday that the prosecution “needed to prove Dan’s sanity at the time of the act. And they could not do that, because there was not enough in the case “to melt the heart that is not cut from the unwedgeable gnarled oak.” [30] It was a masterful performance.

Over the next two weeks, Brady, Stanton, and Graham would continue to hammer the prosecution case. The defense proved that Key’s family had tampered with evidence, including testimony from a locksmith who had changed the locks at the 15th Street house at the direction of Key’s family. Witness after witness was introduced to undermine the prosecution and support the defense’s claim that Sickles’ was indeed in a state of uncontrollable madness, and the defense deftly parried the prosecutor’s rebuttal witnesses. When Ould attempted to keep African American witnesses from testifying Stanton, thundered and“accused the prosecution of a “monstrous” attempt to suppress evidence in its zeal of the defendant’s blood,” [31] and argued from North Carolina precedent that the prosecution was not willing to grant Sickles the same right as a slave. As his lawyers argued his case and witnesses gave testimony Sickles maintained his composure except for a number of times when he broke down and had to be excused from the proceedings. “Whether the courtroom histrionics were real or an award-winning performance, the jury witnessed firsthand a husband who was mentally unable to bear his wife with another man.” [32] On the Friday the 22nd of April Judge Crawford declared the testimony closed and the next day began the closing arguments.

Saturday April 23rd dawned with a violent gale, but that did not prevent crowds of people from trying to gain admittance to the courtroom. Edwin Stanton began the defense closing arguments in a manner that was calm and precise. He brought up that justifiable homicide included that which was “committed in defense of family chastity, the sanctity of the marriage bed, the matron’s honor, the virgin’s purity.” [33] Since the prosecution had never brought into evidence Sickles’ own violation of these covenants his attacks on Key and the prosecution case hit home. As he continued his voice rose to a roar, sounding like a prophet of ancient Israel “Who seeing this thin, would not exclaim to the unhappy husband, “Hasten, hasten, to save the mother of your child! And may the Lord who watches over the home and family guide the bullets and direct the stroke!” [34] When Stanton finished the court erupted in a frenzy as spectators as well as supporters of Sickles applauded his closing.

Next up was Brady who went on for three hours, captivating the audience which hung on every word. “When Daniel Sickles realized how he had been betrayed, all the emotions of his nature changed into a single impulse; every throb of his heart brought before him the sense of his great injuries; every drop of his blood was burdened with a sense of shame; he was crushed by inexorable agony in the loss of his wife, in the dishonor that he had come upon his child, in the knowledge that the future – which had opened to him so full of brilliancy – had now been enshrouded in eternal gloom by one who, contrawise, should have invoked form the eternal God his greatest effulgence on the path of his friend….” [35]

The closing had been masterful, emotional, and dramatic. In response Ould attempted to recover, but his arguments were weak, he agreed with the defense about the crime of adultery, and attempted to redirect the jury’s attention that it was Sickles who was on trial for murder and not Key for adultery, but he had already lost that argument. He called the defense of temporary insanity a ploy and “mentioned how easily, and readily a man on trial for his life might pretend to be deranged if he were on trial for his life.” But it was too little, too late. Since there was no psychiatric profession to weigh in on the matter, the argument of temporary insanity fell back on the “tradition of male marital dominance” and “that argument played well among men who rarely wore collars on their shirts…” [36] the very kind of men seated in the jury booth.

When the jury recessed to deliberate Sickles’ fate on the 26th it took them less than an hour to return their verdict, and few were surprised when it came back “not guilty.” Stanton “was so excited that he did a jig in the courtroom, the hoarsely called for three cheers.” [37]As he did “Pandemonium and cheers broke out in the courtroom.” [38]People crowded around to congratulate Sickles and the crush was so great that Sickles had to be escorted for the courtroom. President Buchanan on hearing the verdict was delighted, later in the evening, though he sought rest, Sickles was taken by Brady to a gala in his honor attended by nearly 1500 supporters and well-wishers. The trial was over but the trials of Dan Sickles were not.

Notes

[1] Ibid. Keneally American Scoundrel p.142

[2] Ibid. Swanberg Sickles the Incredible p.63

[3] Ibid. Keneally American Scoundrel p.146

[4] Ibid. Keneally American Scoundrel p.147

[5] Ibid. Pinchon Dan Sickles p.117

[6] Ibid. Pinchon Dan Sickles p.117

[7] Ibid. Swanberg Sickles the Incredible pp.62-63

[8] Ibid. Pinchon Dan Sickles p.116

[9] Ibid. Hessler Sickles at Gettysburg p.12

[10] Marvel, William Lincoln’s Autocrat: The Life of Edwin Stanton University of North Carolina Press, Chapel Hill 2015 p.103

[11] Ibid. Hessler Sickles at Gettysburg pp.12-13

[12] Ibid. Swanberg Sickles the Incredible p.63

[13] Ibid. Keneally American Scoundrel p.151

[14] Ibid. Marvel Lincoln’s Autocrat p.103

[15] Ibid. Pinchon Dan Sickles p.121

[16] Ibid. Swanberg Sickles the Incredible p.64

[17] Ibid. Marvel Lincoln’s Autocrat p.104

[18] Ibid. Pinchon Dan Sickles p.118

[19] Ibid. Pinchon Dan Sickles pp.118-119

[20] Ibid. Keneally American Scoundrel p.162

[21] Ibid. Pinchon Dan Sickles p.120

[22] Ibid. Marvel Lincoln’s Autocrat p.105

[23] Ibid. Pinchon Dan Sickles p.122

[24] Ibid. Hessler Sickles at Gettysburg p.14

[25] Ibid. Pinchon Dan Sickles p.122

[26] Ibid. Swanberg Sickles the Incredible p.65

[27] Ibid. Keneally American Scoundrel p.173

[28] Ibid. Keneally American Scoundrel p.173

[29] Ibid. Pinchon Dan Sickles p.124

[30] Ibid. Keneally American Scoundrel p.175

[31] Ibid. Marvel Lincoln’s Autocrat p.107

[32] Ibid. Hessler Sickles at Gettysburg p.15

[33] Ibid. Pinchon Dan Sickles p.127

[34] Ibid. Pinchon Dan Sickles p.128

[35] Ibid. Pinchon Dan Sickles p.129

[36] Ibid. Marvel Lincoln’s Autocrat p.110

[37] Ibid. Swanberg Sickles the Incredible p.66

[38] Ibid. Hessler Sickles at Gettysburg p.17

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Dan Sickles, the Incredible Scoundrel and Patriot: Part One

Friends of Padre Steve’s World,

I am taking a break over the next week or so to catch up on some reading and reflection, and I am re-posting some articles from my Gettysburg text.  These deal 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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George Meade had made his dispositions on July 2nd 1863 with care, but there was one notable problem, the commander of III Corps, Major General Dan Sickles did not like the position assigned to his corps on the south end of Cemetery Ridge. But before discussing that it is worth chasing the rabbit so to speak and spend some time on the life of a man referred to by one by one biographer as an American Scoundrel and another as Sickles the Incredible. The interesting thing is that lie most complex characters in history that Dan Sickles was both and, “he might have had more faults than virtues, but everything about him was perfectly genuine.” [1] That is one of the reason that he is so fascinating.

Sickles was certainly a scoundrel and at the same time incredible, charming yet terribly vain and often insincere. “He was quick-witted, willful, brash, and ambitious, with pliable moral principles.” [2] But he was also incredibly brilliant, far sighted, patriotic, and civic minded. He was a political general, “flamboyant, impulsive, and brave, some would wonder about his discipline and military judgement.” [3] His notoriety and unpopularity among the West Point trained professional officers in the Army of the Potomac, as well as his tactical decision to move his corps on the afternoon of July 2nd 1863, and his subsequent political machinations ensured that he would be the only corps commander of that army not commemorated with a monument at Gettysburg.

Dan Sickles was one of the most colorful, controversial, and perhaps the most scandalous officer ever to command a corps in the history of the United States Army. While he lacked professional training he had done a fair amount of study of the military arts in his spare time, and he “made up for his lack of military training by acting on the battlefield with reckless courage, and was much admired for it by his men.” [4]

After having served as a brigade and division commander Sickles was promoted to corps command. “Sickles owed his elevation to corps command to the patronage of his friend Joseph Hooker…. And while man of the West Point officer….regarded Sickles military acumen with the greatest skepticism, many in the volunteer ranks were of a different mind. “Sickles is a great favorite in this corps,” asserted Private John Haley of the 17th Maine. “The men worship him. He is every inch a soldier and looking like a game cock. No one questions his bravery or patriotism.” [5] General Alpheus Williams who commanded a division in the Union Twelfth Corps despised Sickles, and after Chancellorsville Williams wrote “A Sickles’ would beat Napoleon in winning glory not earned,,, He is a hero without a heroic deed! Literally made by scribblers.” [6] Likewise, Sickles, the political general was no favorite of George Gordon Meade.

On July 2nd 1863 Sickles would be responsible for an act that threw George Meade’s defensive plan into chaos, and according to most historians and analysts nearly lost the battle, however, there are some who defend his actions and give him credit for upsetting Lee’s plan of attack. However, the truth lays somewhat in the middle as both observations are correct. Sickles’ decision created a massive controversy in the months following the battle as public hearings in Congress, where Sickles, a former congressman from New York had many friends, as well as enemies, sought a political advantage from a near military disaster.

Sickles was a mercurial, vain and scandal plagued man who “wore notoriety like a cloak” and “whether he was drinking, fighting, wenching or plotting, he was always operating with the throttle wide open.” [7]Sickles was born in New York to George and Susan Marsh Sickles in late 1819, though a number of sources, including Sickles himself cite dates ranging from 1819 through 1825. “There is little reliable information about Sickles’ early days,” [8] and he did not talk much about them, especially after the war, when Gettysburg and the Civil War became his main subjects of conversation. His father, a sixth generation American whose family were early Dutch settlers in Manhattan became wealthy through real estate speculation, “and he passed on to his son a pride in being a congenital Knickerbocker,” charming, witty, and clever, in whom “hardheadedness and impulsiveness were combined.” [9]

The young Sickles was an impetuous child and his father’s wealth ensured that Dan Sickles had “the finest of tutors…. And an unceasing bankroll of funding for lascivious escapades.” [10] To get their son special tutoring to prepare him for college, his parents “arranged for him to live in the scholarly house of the Da Pont family…. It was a household like few others in that hardheaded, mercantile city, at a time when New York had little of the Italian character it would later take on.”[11]The home was a place of learning, culture, and unusual relationships. The head of the house was Lorenzo L. Da Pont, a Professor at Columbia, as well as a practicing attorney. Also living in the home was Da Pont’s father, the ninety-year-old Professor Lorenzo Da Pont, who “had been the librettist for three of Mozart’s operas” [12] and “held the chair of Italian and Columbia University” [13] Additionally, the elder Da Pont’s “adopted daughter Maria and her husband, Antonio Bagioli, a successful composer and music teacher” [14] lived under the same roof.

Maria was only about twenty-years-old when Sickles moved in. By this time she and Bagioli already had a child of their own, a three year old daughter named Teresa, which Sickles would eventually marry. While the elder Da Pont claimed Maria as an adopted daughter, it was “widely believed that she was his “natural child” … from an American liaison conducted when he was near the age of seventy.” [15] This spawned rumors, even at the time of Gettysburg that the young Sickles “and his future mother-in-law had a sexual affair.” [16]

Whether the liaison with Maria Bagioli occurred is a matter of innuendo and conjecture, but it would not be out of character for Sickles, who, to put it mildly, had a wild proclivity for the opposite sex. As a young man he frequented brothels, and as his social and political status increased, he moved from the brothels frequented by the middle class to those which catered to the more socially well to do. One of his affairs was with the a prostitute named Fanny White, a woman who was smart, pretty, and upwardly mobile who ran her own bordello. His affair with Fanny was well publicized, but did not prevent him from being elected to the state legislature in 1847. She and Sickles would continue their relationship for years with her asking nothing more than expensive gifts, and there are inklings that Fanny help to fund Sickles’ early political campaigns. There is also speculation that in 1854 following his marriage, that Fanny spent time with him in London while he was working with James Buchanan and that that he “may have brought Fanny to one of the Queens’s receptions and introducing the prostitute to Her Majesty.” [17] But Fanny eventually moved on to a man older and richer than Sickles. Eventually she retired from her business and married another New York lawyer but died of complications of tuberculosis and possibly syphilis in 1860. Her property at the time of her death was conservatively “estimated at $50,000 to $100,000”[18] a considerable fortune for a woman of her day and age.

While he lived with the Da Pont family, Sickles gained an appreciation for foreign languages, as well as theater and opera. The elder Professor Da Pont was a major part of his academic life and quite possibly in the development of Sickles liberal education and his rather libertine morality. Lorenzo had been a Catholic Priest and theologian in Italy, but like his young American admirer had quite the attraction for women, and was a connoisseur of erotic literature and poetry. His activities resulted in him being expelled from his teaching position in the seminary, after which he became fast friends with a man whose name is synonymous with smooth talking, suave, amorous men, Giacomo Casanova, and in Europe “his affairs with women had been almost as notorious as those of his good friend.” [19] Certainly the elder Lorenzo’s tales “of Casanova, the fabled prince of Priapus, did nothing to quell Dan’s adolescent sexual appetite.” [20]

Noted Civil War and Gettysburg historian Allen Guelzo describes the Sickles in even less flattering terms, “Sickles was from the beginning, a spoiled brat, and he matured from there into a suave, charming, pathological liar, not unlike certain characters in Mozart operas.”[21]

Following the deaths of both the elder and younger Professor Da Pont, Sickles was stricken with grief. At the funeral of the younger Professor Da Pont Sickles “raved and tore up and down the graveyard shrieking,” [22] forcing other mourners to take him away by force. Soon after, Sickles left New York University and began to work in the law office of the very formidable New York lawyer and former U.S. Attorney General, Benjamin F. Butler.

While he was studying for the bar under Butler, he was joined by his father who would also become an attorney. It was under the influence of his father, who was now a wealthy Wall Street investor, and the Democrats of Tammany Hall that the incredibly talented Sickles was groomed for political leadership. Tammany was a rough and tumble world of hardnosed politics, backroom deals, corruption and graft.

He passed the bar in 1843 and soon was making a name for himself in the legal world, and in politics, despite his well-known questionable ethics and morality. His political career began in 1844 when “he wrote a campaign paper for James Polk and became involved in the Tammany Hall political machine.” [23] The ever ambitious Sickles “clambered up the city’s Democratic party ladder, on the way collecting allies and enemies with utter disregard for the consequences, attending the typically unruly Tammany meetings armed with bowie knife and pistol.” [24]

Like many of his fellow New York Democrats he was a proponent of “Manifest Destiny, and the right of the United States to acquire and hold Texas, New Mexico, California, perhaps the isthmus of Central American, and certainly Cuba.” [25] He was also a political ally of many states rights Southern Democrats and “largely opposed anti-slavery legislation.” [26] This was in large part due to the commercial interests of New York, which between banking and commercial shipping interests profited from the South’s slave economy.

He was elected to the New York State legislature in 1847 and his political star continued to rise even as his personal reputation sank among many of his peers. An attorney who knew him described Sickles as “one of the bigger bubbles in the scum of the profession, swollen, and windy, and puffed out with fetid gas.” [27] Sickles rivals any American politician, before or since in his ability to rise even as the slime ran down his body, the term “Teflon”applied to politicians like Presidents Ronald Reagan and Bill Clinton comes to mind when one studies Sickles’ career. New York lawyer and diarist George Templeton Strong wrote, “One might as well try to spoil a rotten egg as to damage Dan’s career.” [28]

But there was no denying that Sickles was a brilliant lawyer, politician, and debater. One observed that Sickles was “a lawyer by intuition – careful in reaching his conclusions, but quick and bold in pushing them.” [29]New York Governor “William Marcy grudgingly said that as a debater Sickles excelled any man of his years, and the astute Henry Raymond declared that as a parliamentary leader he was unsurpassed.” [30] Soon Sickles was a delegate to the 1848 Democratic Convention where he helped nominate Franklin Pierce for his unsuccessful run at the democratic nomination. The convention enabled Sickles to enter the world of national politics making friends with many influential politicians and financiers, including Pierce, the Van Burens, and James Buchanan. On his return to New York he received an appointed as a Major in the New York Militia.

Even as Sickles rose in the tumultuous world of American law and politics, and chased Fanny White he became enamored with the now teenage daughter of Antonio and Maria Bagioli, Miss Teresa Bagioli who though only fifteen was beautiful, wise beyond her years, fluent in French and Italian, devoted to the arts, and entirely besotted by Dan Sickles. Both the parents of Sickles and Teresa opposed the relationship, but both were madly in love, and Teresa was as headstrong as Dan regarding the relationship. Though such a relationship would be considered completely scandalous today, such marriages were not uncommon then, though they were certainly less common in the upper society of New York. Sickles “was enchanted by her” and “courted her with the sensibility of being a friend of her parents and he must have suspected that he loved her with a fated and exclusive love.” [31] When she was just sixteen Teresa quit school and married the thirty-three year-old assemblyman in a civil ceremony officiated by New York Mayor Ambrose Kingsland on September 27th1852. Six months later, the two were married in the Catholic Church by Archbishop John Hughes, in a “gala and largely attended affair.” [32]Just three months after the church wedding their daughter, Laura, was born. Though there can be no doubt that Sickles loved Teresa, and she him, it did not stop him from other extramarital affairs, nor did it take much away from his political machinations at Tammany Hall.

Following the 1852 Democratic convention where he again supported Franklin Pierce, Sickles hard fighting and influence at in the Wigwam of was rewarded with political plum prize of being appointed “corporation counsel of New York City, a post that paid a flattering salary with extra emoluments and also left room for profitable legal work on the side.” [33] His political and social acumen were again demonstrated as he convinced the state legislature, through personal force of will, to enable the New York City Corporation “to go ahead with creating a great central park,”[34] a park that we now know today as Central Park. He also helped push forward a proposal to create New York’s first mass transportation system, that of horse drawn omnibuses.

Later in the year Sickles was appointed as secretary of the American legation to the Court of St. James n London, headed by former Secretary of State James Buchanan. The position paid a pittance of what Sickles was earning in New York, but he realized that the serving overseas in such a position could not but help him on the national political stage. Though Buchanan and Pierce wanted Sickles, the new Secretary of State, the former New York Governor William Marcy refused to sign Sickles’ commission for the post. Eventually, Pierce prevailed and Sickles got the job.

As their baby, Laura, was still very young and sea travel still quite hazardous, Teresa remained at home, and joined her husband in London the following year. However, when she arrived in London, the teenage wife of Dan Sickles charmed Americans and Britons alike. Aided by her multilingual gifts, which “were rare among American diplomats’ wives,” [35] she became a great success and the unmarried Buchanan appointed her as hostess for the legation. She rapidly became a celebrity due to her stunning beauty and charm, and like he had Fanny, Sickles had Teresa introduced to the Queen. Her celebrity status evoked different responses from those that observed her. “One contemporary described Teresa as an Italian beauty, warm, openhearted, and unselfish. Another described her as being “… without shame or brain and [having] a lust for men.” [36] That “lust for men” coupled with the neglect of her husband may well have been the catalyst for the scandal which overwhelmed them in Dan’s congressional career.

It was during his service in London with Buchanan that Sickles became embroiled in one of the most embarrassing diplomatic incidents in American history. The proponents of Manifest Destiny and American expansion had long desired to take Cuba from Spain through diplomacy, or if needed force. Following a failed attempt by American “Filibusters” to seize the island in 1852 which ended in the execution of fifty Americans, including the son of U.S. Attorney General John Crittenden by Spanish authorities, and in 1854 President Franklin Pierce authorized Buchanan to attempt to negotiate the acquisition of Cuba.

Pierce authorized Buchanan to meet with James Mason, the United States Ambassador to France and Pierre Soule, the United States Ambassador to Spain secretly in order to draft “a statement on the future of Cuba and the proposed role of the United States.” [37] Soule dominated the meeting and the statement, which was in large part drafted by Dan Sickles, was highly inflammatory. Despite this the statement was released to the press in defiance of the order to maintain the strictest secrecy and it resulted in a diplomatic disaster for the Pierce Administration.

The document was prepared by Soule and Sickles and endorsed by Buchanan and Mason was known as the Ostend Manifesto, and it “was one of the most truly American, and at the same time most undiplomatic, documents every devised.” [38] The manifesto prepared by Soule and Sickles proclaimed that “Cuba is as necessary to the North American Republic as any of its present members, and that it belongs naturally to the great family of states of which the Union is the Providential Nursery.” [39] The authors of the manifesto also threatened Spain should the Spanish fail to accede to American demands. The authors declared that if the United States “decided its sovereignty depended on acquiring Cuba, and if Spain would not pass on sovereignty in the island to the United States by peaceful means, including sale, then, “by every law, human and Divine, we shall be justified in wresting it from Spain.” [40]

The Ostend Manifesto “sent shivers through the chancelleries of Europe, provoked hurried conversations between the heads of the French and British admiralties.” [41] European diplomats and leaders reacted harshly to the statement and Secretary of State William Marcy who had previously supported the ideas in the document immediately distance himself and official American policy from it and the authors. Marcy then “forced Soule’s resignation by repudiating the whole thing, but the damage was done.” For months the Pierce administration was on the defensive, and was condemned “as the advocate of a policy of “shame and dishonor,” the supporter of a “buccaneering document,” a “highwayman’s plea.” American diplomacy, said the London Times, was given to “the habitual pursuit of dishonorable object by clandestine means.”[42] The incident ended official and unofficial attempts by Americans to obtain Cuba by legal or extralegal means until the Spanish American War in 1898.

To be continued…

Notes

[1] Catton, Bruce The Army of the Potomac: Glory Road Doubleday and Company, Garden City New York, 1952 p.151

[2] Wert, Jeffry D. The Sword of Lincoln: The Army of the Potomac Simon and Schuster, New York and London 2005 p.222

[3] Ibid. Coddington The Gettysburg Campaign a Study in Command p.45

[4] Sears, Stephen W. Chancellorsville Houghton Mifflin Co. Boston and New York 1996 p.65

[5] Ibid. Trudeau Gettysburg a Testing of Courage p.110

[6] Ibid. Sears Gettysburg p.35

[7] Ibid. Catton The Army of the Potomac: Glory Road pp.150-151

[8] Hessler, James A. Sickles at Gettysburg Savas Beatie New York and El Dorado Hills CA, 2009, 2010 p.1

[9] Keneally, Thomas American Scoundrel: The Life of the Notorious Civil War General Dan Sickles Anchor Books, a Division of Random House, New York 2003 p.7

[10] Ibid. Guelzo, Gettysburg The Last Invasion p.243

[11] Ibid. Keneally American Scoundrel p.3

[12] Ibid. Hessler Sickles at Gettysburg p.2

[13] Ibid. Keneally American Scoundrel p.3

[14] Ibid. Hessler Sickles at Gettysburg p.3

[15] Ibid. Keneally American Scoundrel p.4

[16] Ibid. Hessler Sickles at Gettysburg p.3

[17] Ibid. Hessler Sickles at Gettysburg p.6

[18] Ibid. Keneally American Scoundrel p.215

[19] Swanberg, W.A. Sickles the Incredible copyright by the author 1958 and 1984 Stan Clark Military Books, Gettysburg PA 1991 p.79

[20] Ibid. Swanberg Sickles the Incredible p.80

[21] Ibid. Guelzo, Gettysburg The Last Invasion p.243

[22] Ibid. Swanberg Sickles the Incredible p.81

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

[24] Sears, Stephen W. Controversies and Commanders Mariner Books, Houghton-Mifflin Company, Boston and New York 1999 p.198

[25] Ibid. Keneally American Scoundrel p.12

[26] Ibid. Swanberg Sickles the Incredible p.82

[27] Ibid. Wert The Sword of Lincoln p.222

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

[29] Ibid. Swanberg Sickles the Incredible p.84

[30] Ibid. Swanberg Sickles the Incredible p.84

[31] Ibid. Keneally American Scoundrel p.21

[32] Wilson Robert and Clair, Carl They Also Served: Wives of Civil War Generals Xlibris Corporation 2006 p.98

[33] Ibid. Swanberg Sickles the Incredible p.88

[34] Ibid. Keneally American Scoundrel p.21

[35] Ibid. Keneally American Scoundrel p.39

[36] Ibid. Wilson and Clair They Also Served p.98

[37] Ibid. Keneally American Scoundrel p.44

[38] Pinchon, Edgcumb Dan Sickles: Hero of Gettysburg and “Yankee King of Spain” Doubleday, Doran and Company Inc. Garden City NY 1945 p.48

[39] Ibid. Potter The Impending Crisis p.190

[40] Ibid. Keneally American Scoundrel p.45

[41] Ibid. Pinchon Dan Sickles p.48

[42] Potter, David M. The Impending Crisis: America before the Civil War 1848-1861 completed and edited by Don E. Fehrenbacher Harper Collins Publishers, New York 1976 p.193

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President Trump, I Wish to Remind You that General Jackson is Dead

President Trump, President Andrew Jackson, and President James Buchanan 

Friends of Padre Steve’s World,

I am never surprised when President Trump demonstrates his ignorance of American History or our Constitution as he when he discussed how the Civil War could have been avoided in only a dealmaker like Andrew Jackson been around to stop it. During an interview with the Washington Examiner’s Selina Zito, the President explained:

“I mean had Andrew Jackson been a little later you wouldn’t have had the Civil War. He was a very tough person, but he had a big heart. He was really angry that he saw what was happening with regard to the Civil War, he said, “There’s no reason for this.” People don’t realize, you know, the Civil War, if you think about it, why? People don’t ask that question, but why was there a Civil War? Why could that one not have been worked out?”

The President’s remarks were so bumblingly inaccurate that it was painful to listen to. First in his comments about President Jackson, a man whose “big heart” caused him to defy the Supreme Court to order the mass resettlement of the Native American tribes of the Southeast in the midst of winter which led to thousands of deaths in the what is known now as the Trail of Tears. Likewise, the one time Jackson opposed the secession of a state, that of South Carolina during the Nullification Crisis of 1828-1832 it had to deal with tariffs and not slaves, which the President owned. Likewise Jackson never uttered “There’s no reason for this” because Jackson was dead and buried long before the Civil War, and even years before the threats of secession to preserve and expand slavery were proposed in the early 1850s.

Senator Stephen Douglas

There was no deal to be made. Slavery and its expansion were the issues at hand. In 1858 a minority of slave holders in Kansas attempted through election fraud to get a pro-slavery constitution passed in order for the state to be admitted to the Union as a Slave State, a move the President James Buchanan fully supported and fought an unsuccessful battle with Congress to pass. The measure would have set precedent to open every territory of the Union to slavery, but Democratic Senator Stephen A. Douglas of Illinois stood his ground and organized bi-partisan opposition to the measure which was supported by Southern Democrats.

When Buchanan threatened him Douglas stood his ground:

The Illinois Senator found out about the President Buchanan’s new support of the measure when he read the newspaper. He was outraged when he saw the news in the Washington Union that Buchanan had decided to support Lecompton. He was infuriated and the fury showed when he wrote with characteristic honesty:

“This left no doubt were the old bastard stood. “Can you believe his Goddamned arrogance?” I told a friend. “I run the Committee on Territories. He should have consulted me before approving the Lecompton fraud. He’ll pay for that. By God, sir, I made Mr. James Buchanan, and by God, sir, I’ll unmake him.” 

As such, the Little Giant threw caution to the wind and stormed to the White House “to confront Buchanan on the “trickery and juggling of the Lecompton constitution.” He warned the president of that his actions in support of the Lecompton party would “destroy the Democratic party in the North,” and we warned that “if Buchanan insisted on going through with it, Douglas swore to oppose him in Congress.” 

It was an epic confrontation. Douglas recalled, “The Lecompton constitution, I told Buchannan bluntly, was a blatant fraud on the people of Kansas and the process of democracy, I warned him not to recommend acceptance of it. With his head titled forward in that bizarre habit of his, he said that he intended to endorse the constitution and send it to Congress. “If you do,” I thundered, “I’ll denounce it the moment that it is read.” His face turned red with anger. “I’ll make Lecompton a party test,” he said. “I expect every democratic Senator to support it.” I will not, sir!” 

Angry and offended by the confrontation of Douglas, Buchanan cut the senator off and issued his own threat to Douglas and his political career saying, “I desire you to remember that no Democrat ever yet differed from an administration of his own choice without being crushed….Beware of the fate of Tallmadge and Rives,” two senators who had gone into political oblivion after crossing Andrew Jackson.” The redoubtable Senator from Illinois was undeterred by the President’s threat and fought back,“Douglas riposted: “Mr. President, I wish to remind you that General Jackson is dead, sir.” It was an unprecedented action by a sitting Senator, to confront a President of one’s own party and threaten to oppose him in Congress was simply not done, but now Douglas was doing it, but doing so to his President’s face, and the consequences for him, his party, and the country would be immense. (You can find my full article about the Lecompton Constitution at https://padresteve.com/2016/10/16/when-political-parties-implode-mr-president-i-wish-to-remind-you-that-general-jackson-is-dead/)

Every State that seceded from the Union included the preservation and expansion of slavery as the primary reason of secession. There were no deals to be made to avoid the Civil War except for the Northern Free states to submit to becoming Slave states again and African Americans to be forever subordinated to the less than human state of being mere property.

President Trump may actually believe what he said, in fact I think that he does, which is why I think is why that he habitually demonstrates such supreme ignorance of American History and the Constitution.

Until tomorrow,

Peace

Padre Steve+

 

 

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“I am not a tool of any President!” Will a Republican Emulate Stephen A. Douglas?

Stephen A. Douglas

Friends of Padre Steve’s World,

Barbara Tuchman wrote in her book The March of Folly: From Troy to Vietnam something that we are observing up close and personal as President Trump and his administration flounder in a sea of make believe, a cloud cuckoo land of alternative facts, alternative truth, and alternative history:

“Wooden-headedness, the source of self-deception, is a factor that plays a remarkably large role in government. It consists in assessing a situation in terms of preconceived fixed notions while ignoring or rejecting any contrary signs. It is acting according to wish while not allowing oneself to be deflected by the facts.”

To be true, the Trump administration is not the first in history, in fact not even in our own country to ignore facts when making decisions. However, it is remarkable in its ability not only to shun facts but to make up its own narrative that depends on denying reality while impugning the character, honesty, and decency of those who present facts and truth that is verifiable. To be sure, competence and prudence are not and probably will never be marks of President Trump, his closest advisors, or his enablers in Congress. My hope is that some Republican in either the House or Senate rises up to confront the ineptitude and folly being demonstrated on a daily basis.

President James Buchanan

In some ways the incompetence and refusal to deal with reality by the Trump administration reminds me of the administration of James Buchanan during the years before the American Civil War. Buchanan’s collusion with Chief Justice Roger Taney regarding the Dred Scott decision before his inauguration stained him from the beginning and poisoned his relationship with Congress by declaring that the Congress never had the right to limit slavery as it had in the Missouri Compromise. Buchanan’s presidency is considered by most historians to be the worst in American history, incompetent, arrogant, and ineffective.

Likewise, Buchanan’s attempt to jam the Lecompton Constitution through Congress as a reward to Southern Democrats blew up in his face. The Lecompton Constitution was a gerrymandered bill which ignored the will of the vast majority of Kansas’s settlers who were anti-slavery. The work of the pro-slavery element in Kansas was so onerous that it brought Republicans and Northern Democrats together for the first time as Southern Democrats threatened secession if Kansas was not admitted as a Slave State. Ignoring warnings that supporting a measure that would open the door to slavery in all the western territories would split his party, Buchanan pushed on. His intransigence on the matter brought Democratic Senator Stephen A. Douglas of Illinois to the fore in opposing it. Nicknamed “the Little Giant,” Douglas was the odds on favorite to be the Democratic nominee for the Presidency. Douglas was not against the institution of slavery, and he was a racist, but he had no tolerance for those who would upend carefully crafted compromises to expand it through the whole country. Thus he  took his case to the floor of the Senate and to the President himself.

The Confrontation between the Senator and the President was unparalleled. Douglas recalled, “The Lecompton constitution, I told Buchannan bluntly, was a blatant fraud on the people of Kansas and the process of democracy, I warned him not to recommend acceptance of it. With his head titled forward in that bizarre habit of his, he said that he intended to endorse the constitution and send it to Congress. “If you do,” I thundered, “I’ll denounce it the moment that it is read.” His face turned red with anger. “I’ll make Lecompton a party test,” he said. “I expect every democratic Senator to support it.” I will not, sir!

Angry and offended by the confrontation of Douglas, Buchanan cut the senator off and issued his own threat to Douglas and his political career saying, “I desire you to remember that no Democrat ever yet differed from an administration of his own choice without being crushed….Beware of the fate of Tallmadge and Rives,” two senators who had gone into political oblivion after crossing Andrew Jackson.” The redoubtable Senator from Illinois was undeterred by the President’s threat and fought back, “Douglas riposted: “Mr. President, I wish to remind you that General Jackson is dead, sir.”  It was an unprecedented action by a sitting Senator, to confront a President of one’s own party and threaten to oppose him in Congress was simply not done, but now Douglas was doing it, but doing so to his President’s face, and the consequences for him, his party, and the country would be immense.

Undeterred by facts, Buchanan and Southern Democrats fought for the bill’s passage. When Buchanan’s supporters pushed for Lecompton’s approval and the admission of Kansas as a Slave State, Douglas fired back, warning “You do,” I said, “and it will lead directly to civil war!” 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!”

Under Douglas the Northern Democrats joined with Republicans for the first time to defeat the admission of Kansas as a Slave State. Douglas recalled the battle:

“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.”

Douglas and his supporters did just that, Buchanan and his supporters were outfought and outmaneuvered by Douglas’s Democrats and their Republican allies. The bill was sent back to Kansas where in a new election the people of Kansas voted solidly against the Lecompton Constitution. In the following Congressional elections the thoroughly discredited Democrats lost their majority, their party now hopelessly divided with Southerners determined to destroy Douglas at any cost, even if it meant losing the presidency, the conflict opened the door for the election of Abraham Lincoln in 1860.

I wonder if there will be a Republican in the Congress with the courage that Stephen A. Douglas displayed in confronting the incompetent and vindictive President Buchanan during the Lecompton Crisis. Will there be a Republican with enough courage to stop the insanity of the Trump administration even if it means in the short term to divide the party and doom their political future? Honestly I doubt it, but if Trump’s march of folly is to be stopped, someone in the Republican Senate or House will have to have the courage to stand up and defend the necessity of thinking for themselves, and doing what is right.

Have a great day.

Peace

Padre Steve+

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“One after another they have closed the heavy doors upon him…” The Dred Scott Decision

Friends of Padre Steve’s World,

Another article from one of my Civil War texts, this one dealing with the infamous Dred Scott decision. That decision, made by a Southern dominated, Supreme Court, members of whom included number of slave owners, done in collusion with President Elect James Buchanan, declared that African Americans had no right to citizenship, thus no protection under the law, no-matter where they lived. It would not be overturned until after the Civil War when Congress passed the 14th Amendment, an amendment that is vital for all of our liberties.

Again, for those in denial about how we got to this point in our history, this is not a comfortable subject.

Have a great day,

Peace

Padre Steve+

dred scott

Dred Scott

The Deepening Divide

As the 1850s wore on, the divisions over slavery became deeper and voices of moderation retreated. The trigger for the worsening of the division was the political battle regarding the expansion of slavery; even the status of free blacks in the north that were previously slaves, over whom their owners asserted their ownership. Southerners considered the network to help fugitive slaves escape to non-slave states, called the Underground Railroad “an affront to the slaveholders pride” and “anyone who helped a man or woman escape bondage was simply a thief” who had robbed them of their property and livelihood, as an “adult field hand could cost as much as $2000, the equivalent of a substantial house.” [1]

In 1856 the Supreme Court, dominated by southern Democrats ruled in favor of southern views in the Dred Scott decision, one pillar of which gave slavery the right to expand by denying to Congress the power to prohibit slavery in Federal territories. Taney’s ruling in the case insisted “Neither the Declaration of Independence nor the Constitution had been intended to apply to blacks he said. Blacks were “so far inferior that they had no rights which the white man was bound to respect.” Taney did not stop with this but he declared the Missouri Compromise itself unconstitutional for “Congress had exceeded its authority when it forbade slavery in the territories by such legislation as the Missouri Compromise, for slaves were private property protected by the Constitution.” [2]

ROGER B. TANEY (1777-1864).  Roger Taney, Chief Justice of the U.S. Supreme Court, handing down his decision on the Dred Scott case, 1857. American illustration.

Dred Scott Decison

The decision was momentous, but the judicial fiat of Taney and his court majority was a disaster for the American people. It solved nothing and further divided the nation:

“In the South, for instance, it encouraged southern rights advocates to believe that their utmost demands were legitimatized by constitutional sanction and, therefore, to stiffen their insistence upon their “rights.” In the North, on the other hand, it strengthened a conviction that an aggressive slavocracy was conspiring to impose slavery upon the nation, and that any effort to reach an accommodation with such aggressors was futile. While strengthening the extremists, it cut the ground from under the moderates.” [3]

The decision in the case is frightening when one looks upon its tenor and implications. The majority opinion, which was written by Chief Justice Roger Taney, was chilling, not only in its views of race, but the fact that blacks were perpetually property without the rights of citizens. Taney wrote:

“Can a negro, whose ancestors were imported into this country, sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen?…It is absolutely certain that the African race were not included under the name of citizens of a state…and that they were not included, and were not intended to be included, under the word “citizens” in the Constitution, and therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remain subject to their authority, and had no rights or privileges but those who held the power and the Government might choose to grant them” [4]

The effect of the ruling on individuals and the states was far reaching. “No territorial government in any federally administered territory had the authority to alter the status of a white citizen’s property, much less to take that property out of a citizen’s hands, without due process of law or as punishment for some crime.” [5] Free slaves were no longer safe, even in Free States, from the possibility of being returned to slavery, because they were considered property. The tens of thousands of free blacks in the South were effectively stripped of citizenship, and became vulnerable to either expulsion or re-enslavement, something that the legislatures in Virginia, North Carolina and Missouri debated in 1858. Likewise the decision cast doubt on the free status of every African American regardless of residence.” [6]

roger-b-taney-1-sized

Chief Justice Roger B. Taney

But the decision had been influenced by President-Elect James Buchanan’s secret intervention in the Supreme Court deliberations two weeks before his inauguration. Buchanan hoped by working with the Justices that he would save the Union from breaking apart by appeasing slave owners and catering to their agenda. “The president-elect wanted to know not only when, but if the Court would save the new administration and the Union from the issue of slavery in the territories. Would the judges thankfully declare the explosive subject out of bounds, for everyone who exerted federal power? The shattering question need never bother President Buchanan.” [7] In his inaugural address he attempted to camouflage his intervention and “declared that the Court’s decision, whatever it turned out to be, would settle the slavery issue forever.” [8]

But Buchanan attempt at appeasement was mistaken. The case made the national political situation even more volatile because it destroyed the political middle in Congress which had previously found compromise.  Taney’s decision impaired “the power of Congress – a power which had remained intact to this time – to occupy the middle ground.” [9] The Dred Scott decision was far reaching in its implications and Taney declared that Congress “never had the right to limit slavery’s expansion, and that the Missouri Compromise had been null and void on the day of its formulation.” [10] Taney’s ruling fulfilled what Thomas Jefferson wrote when he noted that the Missouri Compromise was merely a reprieve from the broader ideological and economic issues involved regarding slavery, and Taney destroyed that reprieve with the stroke of his pen.

The Court’s decision “that a free negro was not a citizen and the decision that Congress could not exclude slavery from the territories were intensely repugnant to many people in the free states” [11] and it ignited a firestorm in the north where Republicans now led by Abraham Lincoln, decried the decision and southerners basked in their judicial victory. Southerners were exultant, the Richmond Enquirer wrote that the Court had destroyed “the foundation of the theory upon which their warfare has been waged against the institutions of the South.” [12] Northerners now quite rightly feared that an activist court would rule to deny their states the right to forbid slavery. As early as 1854 Lincoln posed the idea that the Declaration of Independence was the standard maxim of free society …constantly spreading and deepening its influence,” ultimately applicable “to peoples of all colors everywhere.” [13]

After the Dred Scott decision Lincoln warned that the Declaration was being cheapened and diluted, he remained insistent on this point, he noted:

“Our Declaration of Independence was held sacred by all, and thought to include all” Lincoln declared, “but now, to aid in making the bondage of the Negro universal and eternal, it is assaulted, and sneered at, and construed, and hawked at, and torn, till, its framers could ride from their graves, they could not recognize it at all.” [14]

Lincoln attacked the decision noting that Taney “insists at great length that negroes were no part of the people who made, or for whom made, the declaration of Independence or the Constitution.” But as Doris Kearns Goodwin notes “in at least five states, black voters action on the ratification of the Constitution and were among the “We the People” by whom the Constitution was ordained and established.” Lincoln acknowledged that the founders “did not declare all men equal in all respects. They did not mean to say that all were equal in color, size, intellect, moral developments, or social capacity.” But they dis declare all men “equal in ‘certain inalienable rights, among which are life, liberty, and the pursuit of happiness.’…They meant simply to declare the right, so the enforcement of it might follow as circumstances permit.” [15]

Not only that, Lincoln asked the logical question regarding Taney’s judicial activism. Lincoln and other Republican leaders “noted that all slavery needed was one more Dred Scott decision that a state could not bar slavery and the objective of Slave Power to nationalize slavery would be accomplished.” [16] How long would it be, asked Abraham Lincoln, before the Court took the next logical step and ruled explicitly that the:

“Constitution of the United States does not permit a state to exclude slavery from its limits?” How far off was the day when “we shall lie down pleasantly thinking that the people of Missouri are on the verge of making their State free; and shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State?” [17]

Lincoln discussed the ramification of the ruling for blacks; both slave and free:

“to aid in making the bondage of the Negro universal and eternal….All the powers of the earth seem rapidly combining against him. Mammon is after him; ambition follows, and philosophy follows, and the theology of the day is fast joining the cry. They have him in his prison house;…One after another they have closed the heavy doors upon him…and they stand musing as to what invention, in all the dominions of mind and matter, can be produced the impossibility of his escape more complete than it is.” [18]

Frederick Douglass noted that “Judge Taney can do many things…but he cannot…change the essential nature of things – making evil good, and good, evil.” [19]

Lincoln was not wrong in his assessment of the potential effects of the Dred Scott decision on Free States.  State courts in free-states made decisions on the basis of Dred Scott that bode ill for blacks and cheered slave owners.  In newly admitted California the state supreme court ominously “upheld a slaveowner’s right to retain his property contrary to the state’s constitution.” [20]

A similar decision made by a New York Court was being used by slave-states to bring that issue to the Taney Court following Dred Scott. “In 1852 a New York judge upheld the freedom of eight slaves who had left their Virginia owner while in New York City on their way to Texas.” [21] The Dred Scott decision brought that case, Lemon v. The People back to the fore and “Virginia decided to take the case to the highest New York court (which upheld the law in 1860) and would have undoubtedly appealed it to Taney’s Supreme Court had not secession intervened.” [22] Even non-Republican parties such as the democrats could see the writing on the wall. The national publication of the Democratic Party, the Washington Union “announced that the clear implication of the Dred Scott decision was that all state laws prohibiting a citizen from another state, either permanently or temporarily, were unconstitutional.” [23]

Notes

[1] Goodheart, Adam. Moses’ Last Exodus in The New York Times: Disunion, 106 Articles from the New York Times Opinionator: Modern Historians Revisit and Reconsider the Civil War from Lincoln’s Election to the Emancipation Proclamation Edited by Ted Widmer, Black Dog and Leventhal Publishers, New York 2013 p.15

[2] Ibid. Goodwin Team of Rivals p. 189

[3] Ibid. Potter The Impending Crisis p.291

[4] Ibid. Guelzo Fateful Lightning: A New History of the Civil War Era and Reconstruction p.91

[5] Ibid. Guelzo Fateful Lightning pp.91-92

[6] Ibid. Goldfield America Aflame p.142

[7] Ibid. Freehling The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.115

[8] Ibid. Freehling The Road to Disunion Volume II: Secessionists Triumphant 1854-1861 p.109

[9] Ibid. Potter The Impending Crisis p.291

[10] Ibid. Levine Half Slave and Half Free p.210

[11] Ibid. Potter The Impending Crisis p.279

[12] Ibid. Goodwin Team of Rivals p. 190

[13] Ibid. Catton Two Roads to Sumter p.139

[14] Ibid. Guelzo Fateful Lightning p.93

[15] Ibid. Goodwin Team of Rivals p. 190

[16] Gienapp, William E. The Republican Party and Slave Power in The Civil War and Reconstruction Documents and Essays Third Edition edited by Michael Perman and Amy Murrell Taylor Wadsworth Cengage Learning Boston MA 2011 p.81

[17] Ibid. Levine Half Slave and Half Free p.211

[18] Ibid. Catton Two Roads to Sumter p.139

[19] Ibid. Goodwin Team of Rivals p. 190

[20] Ibid. Gienapp The Republican Party and Slave Power p.81

[21]  Ibid. McPherson The Battle Cry of Freedom p.181

[22] Ibid. McPherson The Battle Cry of Freedom p.181

[23] Ibid. Gienapp The Republican Party and Slave Power p.82

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“It is More Important to Tell the Truth” Teddy Roosevelt and the Freedom to Criticize a President

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Friends of Padre Steve’s World,

I have seen a lot of people, especially conservative Christians demanding that critics of our soon to be President Trump to stop criticizing him and fully support him. It is actually fascinating to watch and listen to as for the past eight years neither the President Elect or most of his supporters have stopped questioning the legitimacy of President Obama. My God, for the past eight plus years his policies have not only been criticized, but his very person has been defamed by the very people who now say that criticizing or failing to support the President is “unpatriotic,” “un-American,” and even “treasonable.” I’ve also seen not so subtle threats made against critics of President-Elect Trump, even before he was elected.

Of course that is bullshit. One of the fundamental rights that all of us have as Americans is the right to freedom of speech, freedom of association, and freedom of religion. It’s called the First Amendment of the Constitution. Our founders were terrified that some nutcase might get the idea to become a tyrant and that the people would let them. That’s why we have all the checks and balances between the Executive, Legislative, and Judicial branches of the Federal government, and that is why that freedom of speech has been the cornerstone of the American experiment.

But not anymore. I am not going to say a word about President-Elect Trump or my opinion about him or his possible policies. Instead I am going to note what one of my favorite President’s said about criticizing the President or a Presidential administration. That man was Theodore Roosevelt. Roosevelt, if you recall was no Nansy Pansy. The man volunteered for combat and led troops up San Juan Hill in the face of a fusillade of enemy fire, he sent the Great White Fleet around the World, he helped to end child labor, and he created the National Park system. What he wrote in 1918 is important. The United States was at war having joined Britain and France to fight Imperial Germany.

Roosevelt said this when it came to criticizing the President:

“The President is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the Nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or any one else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about any one else.” The Kansas City Star, 18 May 1918

That being said criticism must be based on fact. Roosevelt was criticizing the Wilson administration because of how badly he thought they were pursuing the war effort against Germany. For this people were castigating him. People said that newspapers should not print what Roosevelt had to say as well as “He should stand by the President” and “He should be stood before a stone wall and shot.” So I guess things haven’t changed too much, but I digress…

The point is that criticism of a President should not be considered unpatriotic nor criminal. If we are to believe Theodore Roosevelt; reasoned, respectful, and truthful criticism of our elected officials, up to and including the President is not only necessary, but it is patriotic. Stephen A. Douglas, who later ran against Abraham Lincoln for President destroyed his own chances of becoming President by opposing James A. Buchanan’s deceitful and illegal attempt to make Kansas a Slave state in 1858. Buchanan said that he would destroy him if he opposed the measure. Douglas stood his ground and he told his congressional colleagues: “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!”

None of us should be regardless of who the President is or what our political beliefs. Principled support, or if need be, opposition, to a President, is both necessary and patriotic. Blind obedience, selling out ones principles, or knuckling under to threats is not. Likewise, those who demand respect, support, and obedience for the person that they voted for without giving it to the other side is not only a hypocrite, but a supporter of tyranny.

This is important, especially when the President-Elect has a long history of lying, cheating small business owners who he contracted with, falsifying, and hiding the truth. His statements in terms of civil liberties, our allies and foreign policy, his questionable relationship with the leader of a hostile foreign power, his manifold conflicts of interest related to his businesses, and his unhinged tirades on social media against any and all critics are all reason to question what he says and does. Those statements are all verifiable, they are not innuendo nor slanderous. They are facts that make a reasonable person question what he says he will do.

Of course, as an American I want President-Elect Trump to do well for all of us and the world. The stakes are too high for me not to care about that. However, to surrender the moral and and Constitutional responsibility to speak out is something that none of us should be prepared to surrender, and those who suggest anyone do should be ashamed of themselves, if they have any sense of shame.

So anyway, until tomorrow.

Peace

Padre Steve+

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