Oyez oyez oyez

On this date in 1803 Marbury v. Madison was argued before the Supreme Court.

Marbury was the case that established the Supreme Court’s standing as the arbiter of the Constitution.

On this date in 1856 Dred Scott v. Sandford was argued before the Supreme Court.

Scott was the case where the Supreme Court ruled that persons of African descent could never be citizens of the United States whether free or slave and that the federal government had no constitutional authority to limit slavery in the territories.

Poll Tax

The 24th Amendment to the Constitution was ratified by the required 38th state on January 23rd just 45 years ago.

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Virginia ratified the Amendment in 1977, North Carolina in 1989 and Alabama in 2002. Mississippi rejected the 24th Amendment in 1962. Wyoming, Arizona, Texas, Oklahoma, Arkansas, Louisiana, Georgia and South Carolina have never ratified the Amendment.

Poll taxes had been imposed late in the 19th century primarily as a means of keeping African-Americans from voting. In some instances, individuals whose parents and grandparents had voted were exempt from the tax — and, of course, the parents and grandparents of nearly all black voters had been slaves.

At the time the Amendment was approved, only five states still had a poll tax in federal elections: Virginia, Alabama, Texas, Arkansas and Mississippi. A Supreme Court decision in 1966 declared poll taxes unconstitutional for state elections under the Equal Protection clause of the 14th amendment.

Going to the Source

Let it be told to the future world, that in the depth of winter, when nothing but hope and virtue could survive, that the city and the country, alarmed at one common danger, came forth to meet and to repulse it. Say not that thousands are gone, turn out your tens of thousands; throw not the burden of the day upon Providence, but “show your faith by your works,” that God may bless you. It matters not where you live, or what rank of life you hold, the evil or the blessing will reach you all. The far and the near, the home counties and the back, the rich and the poor, will suffer or rejoice alike. The heart that feels not now is dead; the blood of his children will curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy. I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. ‘Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.

Thomas Paine, The Crisis, December 23, 1776

Today, President Obama’s conclusion (as written):

So let us mark this day with remembrance, of who we are and how far we have traveled. In the year of America’s birth, in the coldest of months, a small band of patriots huddled by dying campfires on the shores of an icy river. The capital was abandoned. The enemy was advancing. The snow was stained with blood. At a moment when the outcome of our revolution was most in doubt, the father of our nation ordered these words be read to the people: “Let it be told to the future world … that in the depth of winter, when nothing but hope and virtue could survive … that the city and the country, alarmed at one common danger, came forth to meet [it].”

America. In the face of our common dangers, in this winter of our hardship, let us remember these timeless words. With hope and virtue, let us brave once more the icy currents, and endure what storms may come. Let it be said by our children’s children that when we were tested we refused to let this journey end, that we did not turn back nor did we falter; and with eyes fixed on the horizon and God’s grace upon us, we carried forth that great gift of freedom and delivered it safely to future generations.

Inauguration Day

Today’s is the 56th presidential inauguration.

The 20th Amendment to the Constitution states that the “terms of the President and Vice President shall end at noon on the 20th day of January.” The Amendment was ratified in 1933 — the first inauguration on the new date was January 20, 1937.

Before the 20th Amendment, the Constitution did not provide the date when the terms began and ended. The terms of the first President and Vice President were fixed by an act of the Continental Congress adopted September 13, 1788. That act called for “the first Wednesday in March next to be the time for commencing proceedings under the Constitution.” It happened that the first Wednesday in March was the 4th day of March, and hence the terms of the President and Vice President and Members of Congress began on March 4, 1789. (Washington did not take the oath of office until April 30, 1789, but technically his term began March 4th.)

The Constitution set the terms of the President and Vice President at four years. Accordingly, any change from March 4th required a constitutional amendment because a date change would mean that the incumbents would not serve exactly four years. Franklin Roosevelt’s and John Nance Garner’s first terms were 43 days less than four years — March 4, 1933 – January 20, 1937.

I’ve Been to the Mountaintop

That’s the question before you tonight. Not, “If I stop to help the sanitation workers, what will happen to my job. Not, “If I stop to help the sanitation workers what will happen to all of the hours that I usually spend in my office every day and every week as a pastor?” The question is not, “If I stop to help this man in need, what will happen to me?” The question is, “If I do not stop to help the sanitation workers, what will happen to them?” That’s the question.

Let us rise up tonight with a greater readiness. Let us stand with a greater determination. And let us move on in these powerful days, these days of challenge to make America what it ought to be. We have an opportunity to make America a better nation. And I want to thank God, once more, for allowing me to be here with you.

You know, several years ago, I was in New York City autographing the first book that I had written. And while sitting there autographing books, a demented black woman came up. The only question I heard from her was, “Are you Martin Luther King?” And I was looking down writing, and I said, “Yes.” And the next minute I felt something beating on my chest. Before I knew it I had been stabbed by this demented woman. I was rushed to Harlem Hospital. It was a dark Saturday afternoon. And that blade had gone through, and the X-rays revealed that the tip of the blade was on the edge of my aorta, the main artery. And once that’s punctured, your drowned in your own blood — that’s the end of you.

It came out in the New York Times the next morning, that if I had merely sneezed, I would have died. Well, about four days later, they allowed me, after the operation, after my chest had been opened, and the blade had been taken out, to move around in the wheel chair in the hospital. They allowed me to read some of the mail that came in, and from all over the states and the world, kind letters came in. I read a few, but one of them I will never forget. I had received one from the President and the Vice-President. I’ve forgotten what those telegrams said. I’d received a visit and a letter from the Governor of New York, but I’ve forgotten what that letter said. But there was another letter that came from a little girl, a young girl who was a student at the White Plains High School. And I looked at that letter, and I’ll never forget it. It said simply,

Dear Dr. King,

I am a ninth-grade student at the White Plains High School.”

And she said,

While it should not matter, I would like to mention that I’m a white girl. I read in the paper of your misfortune, and of your suffering. And I read that if you had sneezed, you would have died. And I’m simply writing you to say that I’m so happy that you didn’t sneeze.

And I want to say tonight — I want to say tonight that I too am happy that I didn’t sneeze. Because if I had sneezed, I wouldn’t have been around here in 1960, when students all over the South started sitting-in at lunch counters. And I knew that as they were sitting in, they were really standing up for the best in the American dream, and taking the whole nation back to those great wells of democracy which were dug deep by the Founding Fathers in the Declaration of Independence and the Constitution.

If I had sneezed, I wouldn’t have been around here in 1961, when we decided to take a ride for freedom and ended segregation in inter-state travel.

If I had sneezed, I wouldn’t have been around here in 1962, when Negroes in Albany, Georgia, decided to straighten their backs up. And whenever men and women straighten their backs up, they are going somewhere, because a man can’t ride your back unless it is bent.

If I had sneezed — If I had sneezed I wouldn’t have been here in 1963, when the black people of Birmingham, Alabama, aroused the conscience of this nation, and brought into being the Civil Rights Bill.

If I had sneezed, I wouldn’t have had a chance later that year, in August, to try to tell America about a dream that I had had.

If I had sneezed, I wouldn’t have been down in Selma, Alabama, to see the great Movement there.

If I had sneezed, I wouldn’t have been in Memphis to see a community rally around those brothers and sisters who are suffering.

I’m so happy that I didn’t sneeze.

And they were telling me –. Now, it doesn’t matter, now. It really doesn’t matter what happens now. I left Atlanta this morning, and as we got started on the plane, there were six of us. The pilot said over the public address system, “We are sorry for the delay, but we have Dr. Martin Luther King on the plane. And to be sure that all of the bags were checked, and to be sure that nothing would be wrong with on the plane, we had to check out everything carefully. And we’ve had the plane protected and guarded all night.”

And then I got into Memphis. And some began to say the threats, or talk about the threats that were out. What would happen to me from some of our sick white brothers?

Well, I don’t know what will happen now. We’ve got some difficult days ahead. But it really doesn’t matter with me now, because I’ve been to the mountaintop.

And I don’t mind.

Like anybody, I would like to live a long life. Longevity has its place. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the Promised Land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land!

And so I’m happy, tonight.

I’m not worried about anything.

I’m not fearing any man!

Mine eyes have seen the glory of the coming of the Lord!!

The conclusion of the talk by Dr. Martin Luther King Jr., April 3, 1968 from American Rhetoric. King was killed the next day.

Speaking of Speeches

He said he then walked the girls over to the other side of the Lincoln Memorial, where the 16th president’s celebrated Civil War-era second inaugural address is etched. Obama said his younger daughter, 7-year-old Sasha, asked whether he would be giving a similar speech.

“And I said, ‘Well, actually, that’s a short version, but yeah, I will,’ ” Obama recalled. “And then Malia says, ‘First African American president — it better be good.’

“So I just want you to know the pressures I’m under here from my children.”

washingtonpost.com

He comes close to that, the greatest inaugural speech in American history, and he’ll have done something.

Frankly I’d like a version of Fired up! Ready to go! That’s what we need.

Martin Luther King Jr.

… was born 80 years ago today.

Many may question some of King’s choices and perhaps even some of his motives, but no one can question his unparalleled leadership in a great cause, or his abilities with both the spoken and written word.

There are 10 federal holidays, but only four of them are dedicated to one man: one for Jesus, one for the man given credit for discovering our continent, one for the military and political founder George Washington, and one for Dr. Martin Luther King Jr.

“I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality.”

Rev. Dr. Martin Luther King Jr.
Nobel Prize Acceptance Speech
December 10, 1964
Library of Congress

Anything in an exit row?

Andrew Tobias gave us all a little perspective when he posted this three years ago:

I am listening to 1776 on my Nano, and it’s 2 degrees Fahrenheit (in Boston, in 1776) and people are dragging 120 tons of can[n]ons from Ft. Ticonderoga 300 miles to General George Washington in Dorchester, and the suffering of the troops — civilians like you and me, who’ve left their families to fight the British — is astounding. Sentries are literally freezing to death. And all I can think about is how upset we get if we’re assigned a middle seat.

The Battle of New Orleans

… was fought on this date in 1815.

News of the peace treaty between Britain and the United States that had been signed at Ghent on December 24, 1814, did not reach the United States in time to avert the battle. Major General Andrew Jackson’s army of six-to-seven thousand troops consisted chiefly of militiamen and volunteers from southern states who fought against 7,500 British regulars.

The British stormed the American position, fortified effectively with earthworks and cotton bales. The fighting lasted only half an hour, ending in a decisive U.S. victory and a British withdrawal. British casualties numbered more than 2,000 (289 killed); American, only 71 (31 killed). News of the victory reached Washington at the same time as that of the Treaty of Ghent and did much to raise the low morale in the capital.

The anniversary of the Battle was widely celebrated with parties and dances during the nineteenth century, especially in the South. More recently it was commemorated in the “Battle of New Orleans,” as sung by Johnny Horton and others.

Battle of New Orleans by Jimmy Driftwood

In 1814 we took a little trip
Along with Colonel Jackson down the mighty Mississip.
We took a little bacon and we took a little beans
And we caught the bloody British in the town of New Orleans.

[Chorus:]
We fired our guns and the British kept a’comin.
There wasn’t nigh as many as there was a while ago.
We fired once more and they began to runnin’ on
Down the Mississippi to the Gulf of Mexico.

We looked down the river and we see’d the British come.
And there must have been a hundred of’em beatin’ on the drum.
They stepped so high and they made the bugles ring.
We stood by our cotton bales and didn’t say a thing.

[Chorus]

Old Hickory said we could take ’em by surprise
If we didn’t fire our muskets ’til we looked ’em in the eye
We held our fire ’til we see’d their faces well.
Then we opened up with squirrel guns and really gave ’em … well

[Chorus]

Yeah, they ran through the briars and they ran through the brambles
And they ran through the bushes where a rabbit couldn’t go.
They ran so fast that the hounds couldn’t catch ’em
Down the Mississippi to the Gulf of Mexico.

We fired our cannon ’til the barrel melted down.
So we grabbed an alligator and we fought another round.
We filled his head with cannon balls, and powdered his behind
And when we touched the powder off, the gator lost his mind.

[Chorus]

Yeah, they ran through the briars and they ran through the brambles
And they ran through the bushes where a rabbit couldn’t go.
They ran so fast that the hounds couldn’t catch ’em
Down the Mississippi to the Gulf of Mexico.

1959 Grammys for Song of the Year (Jimmy Driftwood) and Best Country Western Performance (Johnny Horton). The song was number one for six weeks during the summer of 1959. Driftwood (James Corbitt Morris) was an Arkansas principal and history buff when he wrote the song to teach his students about the battle.

Today is the wedding anniversary

… of George and Martha Washington, married on this date in 1759.

… of George and Barbara Bush, married on this date in 1945.

George and Martha had no children (she had two surviving children from her previous marriage).

Alas, George and Barbara did have children.

60 Years Ago Today!

President Harry S. Truman in his State of the Union Address:

We must spare no effort to raise the general level of health in this country. In a nation as rich as ours, it is a shocking fact that tens of millions lack adequate medical care. We are short of doctors, hospitals, nurses. We must remedy these shortages. Moreover, we need–and we must have without further delay–a system of prepaid medical insurance which will enable every American to afford good medical care.

Thenceforward, and forever free

The Emancipation Proclamation was issued on this date in 1863.

Emancipation ProclamationAlthough the Emancipation Proclamation did not end slavery in the nation, it did fundamentally transform the character of the war. After January 1, 1863, every advance of Federal troops expanded the domain of freedom. Moreover, the Proclamation announced the acceptance of black men into the Union Army and Navy, enabling the liberated to become liberators. By the end of the war, almost 200,000 black soldiers and sailors had fought for the Union and freedom.

From the first days of the Civil War, slaves had acted to secure their own liberty. The Emancipation Proclamation confirmed their insistence that the war for the Union must become a war for freedom. It added moral force to the Union cause and strengthened the Union both militarily and politically. As a milestone along the road to slavery’s final destruction, the Emancipation Proclamation has assumed a place among the great documents of human freedom.

Source: The National Archives

Click document image for larger version.

El Tratado de La Mesilla

… was signed in Mexico City on this date in 1853. The treaty settled the dispute over the exact location of the international border west of Texas and gave the U.S. approximately 29,000 square miles of land — in brief, Arizona and New Mexico south of the Gila River — for the price of $10 million. In the U.S. it’s known as the Gadsden Purchase Treaty.

The Mexican Republic agrees to designate the following as her true limits with the United States for the future: retaining the same dividing line between the two Californias as already defined and established, according to the 5th article of the treaty of Guadalupe Hidalgo, the limits between the two republics shall be as follows: Beginning in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, as provided in the 5th article of the treaty of Guadalupe Hidalgo; thence, as defined in the said article, up the middle of that river to the point where the parallel of 31° 47′ north latitude crosses the same; thence due west one hundred miles; thence south to the parallel of 31° 20′ north latitude; thence along the said parallel of 31° 20′ to the 111th meridian of longitude west of Greenwich; thence in a straight line to a point on the Colorado River twenty English miles below the junction of the Gila and Colorado rivers; thence up the middle of the said river Colorado until it intersects the present line between the United States and Mexico.

Read the entire Gadsden Purchase Treaty.

December 23rd

Two football hall-of-famers, Paul Hornung (73) and Jack Ham (60) were born on this date. Those numbers are their ages, not their jersey numbers. Hornung wore 5 with Green Bay, Ham 59 with the Steelers.

It’s the birthday of Montgomery Burns, Smithers, Ned Flanders, Principal Skinner and Reverend Lovejoy. Comedian and voice actor Harry Shearer is 65 today.

Another hall-of-famer, Susan Lucci, is 62 today.

The author Norman Maclean was born on this date in 1902.

He grew up in Montana. He taught English at the University of Chicago for many years, and built a cabin in Montana, near the Big Blackfoot River, and he spent every summer there.

After he retired from teaching, at the age of 70, he wrote his famous autobiographical novella, A River Runs Through It, which was published in 1976 by the University of Chicago Press. It was the first work of fiction the press ever published, and it was a huge best-seller, and was nominated for a Pulitzer Prize.

It begins: “In our family, there was no clear line between religion and fly fishing. We lived at the junction of great trout rivers in western Montana, and our father was a Presbyterian minister and a fly fisherman who tied his own flies and taught others. He told us about Christ’s disciples being fishermen, and we were left to assume, as my brother and I did, that all first-class fishermen on the Sea of Galilee were fly fishermen and that John, the favorite, was a dry-fly fisherman.”

The Writer’s Almanac

Joseph Smith began his 38 years on earth on this date in 1805.

The Federal Reserve System was created by the Owen-Glass Act, signed by President Wilson on this date in 1913.

The first major banking reform to follow the Civil War, the Federal Reserve was organized to regulate banking and provide the nation with a more stable and secure financial and monetary system. It remains the central banking authority of the United States, establishing banking policies, interest rates, and the availability of credit. It also acts as the government’s fiscal agent and regulates the supply of currency.

Expanded since its founding, in both size and function, the Federal Reserve consists of a board of governors, nominated by the president and confirmed by the Senate, twelve regional Federal Reserve banks, the Federal Open Market Committee, the Federal Advisory Council, a Consumer Advisory Council, and several thousand member banks.

Library of Congress

George Washington resigned as commander-in-chief of the Army on December 23, 1783.

Louisiana Territory

The French colors were lowered and the American flag raised in New Orleans on this date in 1803, signifying the transfer of sovereignty of Louisiana from France to the United States. Arguably the transfer was one of the two or three most defining moments in American history.

As ultimately defined, Louisiana Territory included most of the U.S. west of the Mississippi River, east of the Rocky Mountains, except for Texas and New Mexico; that is, parts or all of Louisiana, Arkansas, Missouri, Iowa, Minnesota, Oklahoma, Kansas, Nebraska, South Dakota, North Dakota, Colorado, Wyoming and Montana.

It was on December 18th

just 143 years ago that the 13th amendment to the U.S. Constitution was officially adopted.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Twenty-seven of the 36 states ratified the amendment between February 1st and December 6, 1865. Five more of the 36 ratified it by early 1866. Texas ratified the amendment in 1870, Delaware in 1901, Kentucky in 1976, and Mississippi in 1995.

Bicycle mechanics

First Flight

Orville and Wilbur Wright successfully made the first four sustained flights of a heavier-than-air machine under the complete control of the pilot at Kill Devil Hills, North Carolina, 105 years ago today. Their fourth attempt, at 10:35 am, lasted 12 seconds and covered 120 feet.

The photograph (click to enlarge) “shows Orville Wright at the controls of the machine, lying prone on the lower wing with hips in the cradle which operated the wing-warping mechanism. Wilbur Wright running alongside to balance the machine, has just released his hold on the forward upright of the right wing.” (Source: Library of Congress)

The most prominent man attempting to build an airplane at the time was the third Secretary of the Smithsonian Institution, Samuel Langley. He had been studying aeronautics since 1886, and by 1899 he had a large endowment from the U.S. War Department and an entire staff of workers building his design.

One of the problems with Langley’s design, however, was that his plane lacked an ability to steer. He made two test flights in the fall of 1903, and in both cases his plane went straight up and then crashed straight back down. His test flights were covered by all the major newspapers of the day, and such disastrous failure made it seem that motor-powered flight might never be achieved.

The Wright Brothers, by contrast, had believed from the start that steering and balance were the most important aspects of flight. They ran a bicycle shop, so they understood the importance of balance, and they designed their plane to be steered by the pilot shifting his own weight. They began testing gliders with their steering system in 1900, and it was almost as an afterthought that they decided to add an engine.

The Writer’s Almanac (2005), which has more.

Tea Time

It was on this date in 1773 that the Boston Tea Party took place. Fortunately for the future of America, the populace at that time was not encumbered with Christmas shopping or sports on TV and could pay attention to public affairs.

In 1770, the British Parliament ended the Townshend Duties — taxes on the sale of lead, glass, paper, paints and tea — ended them for all but tea. The tax on British tea and a boycott of it in many of the colonies continued.

Tea was a hot commodity in the colonies, however, and considerable foreign tea was smuggled into America to avoid the tax. Some four-fifths of the tea consumed in America was brought in by smugglers.

In 1773 Parliament, in an effort to both prevent the bankruptcy of the East India Company and raise tax revenue, reduced the tea tax and gave the company a monopoly in the American tea business. The price of tea would be lower than smugglers could match, Americans would buy East India tea, the company would revive, and the tax, though lower, would be paid on vastly more tea. Win-win.

Instead of welcoming the tax reduction and the always low prices on tea, many Americans protested the continuation of the tax — and the granting of a monopoly. Surprisingly principled were those 18th century Americans.

Boston was but the culmination of the tea protest. In Charleston, South Carolina, longshoremen refused to unload tea and eventually it was confiscated by the royal governor for nonpayment of duties and stored in a warehouse. In New York protests preceded even the landing of the first tea cargo ship and the danger of violence was so high no ship was permitted to enter the harbor. In Philadelphia as well, the protests — against both the monopoly and the principle of a tax on commodities — were sufficient to prevent the tea ship from entering the port. The Polly docked at Chester and once warned the captain returned her to England still loaded.

In Boston, the Dartmouth was able to dock on the Sabbath, November 28, 1773. The next day however, thousands attended a rally to demand the ship return to England. On Tuesday the cargo other than tea was unloaded. On December 2, a second tea ship was docked, the Eleanor; five days later the Beaver was landed. The Royal Governor, Thomas Hutchinson, refused to let the ships leave the port. The people refused to let the tea be unloaded. The law required the ships be unloaded by December 17 and the British army was present to make it happen.

On the cold evening of December 16, 1773, a large band of patriots, disguised as Mohawk Indians, burst from the South Meeting House with the spirit of freedom burning in their eyes. The patriots headed towards Griffin’s Wharf and the three ships. Quickly, quietly, and in an orderly manner, the Sons of Liberty boarded each of the tea ships. Once on board, the patriots went to work striking the chests with axes and hatchets. Thousands of spectators watched in silence. Only the sounds of ax blades splitting wood rang out from Boston Harbor. Once the crates were open, the patriots dumped the tea into the sea.

… The patriots worked feverishly, fearing an attack by Admiral Montague at any moment. By nine o’clock p.m., the Sons of Liberty had emptied a total of 342 crates of tea into Boston Harbor. Fearing any connection to their treasonous deed, the patriots took off their shoes and shook them overboard. They swept the ships’ decks, and made each ship’s first mate attest that only the tea was damaged.

[Boston Tea Party Ship & Museum]

Walt Disney

… died of lung cancer on this date in 1966. He was 65.

Mickey.gif

The Walt Disney Family Museum provides in-depth background.

Was Walt frozen?

No researcher has discovered where this myth began, but it certainly is widespread. Quite the opposite, Walt’s daughter Diane recalls that her father spoke frequently about his desire to be cremated — and in fact he was. When Disney archivist Robert Tieman researched the issue, he discovered that the first attempts at freezing a person weren’t even discussed until after Walt’s death. In any case, the people who knew Walt and loved him never heard him utter a word about trying it out himself. What’s more, his family lingered around him for some time after his death. No white-smocked physicians rushed his body off to some kind of freezing chamber as would undoubtedly have been the case if he was being preserved.

Tatanka-Iyotanka

… was killed on this date in 1890. Sitting Bull

Sitting Bull was a Hunkpapa Lakota chief and holy man. He was born around 1831 on the Grand River in present-day South Dakota. He became a warrior in a battle with the Crow at age 14, subsequently becoming renowned for his courage in fights with the U.S. Army.

In 1874, an expedition led by George Armstrong Custer confirmed the discovery of gold in the Black Hills, an area that had been declared off-limits to white settlement by the Fort Laramie Treaty of 1868. When efforts by the government to purchase the Black Hills failed, the Fort Laramie Treaty was abrogated. All Lakota not settled on reservations by January 31, 1876, would be considered hostile. Sitting Bull led his people in holding their ground.

Continue reading Tatanka-Iyotanka

The Bill of Rights

… was ratified by Virginia on this date in 1791, and thereby became part of the Constitution of the United States as its first ten amendments.

The Bill of Rights

Originally 12 amendments were proposed to the legislatures of the 14 states by the First Congress. Numbers three through twelve were ratified, beginning with New Jersey in November 1789, and culminating with Virginia, the eleventh (i.e., three-quarters of the states), on this date in 1791. (The amendments were ultimately ratified by the remaining three legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.)

The draft first amendment concerned the numbers of constituents for each representative. It has never been ratified. The draft second amendment was ratified by the required number of states in 1992. It took effect as Amendment XXVII (”No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”)

The image is of the actual document with the 12 proposed amendments. Click image for larger version.

The Bill of Rights

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

La Virgen de Guadalupe

Today is the 477th anniversary of the appearance of La Virgen de Guadalupe on the cloak of Juan Diego.

Virgen de Guadalupe

Guadalupe is, strictly speaking, the name of a picture, but the name was extended to the church containing the picture and to the town that grew up around the church. It makes the shrine, it occasions the devotion, it illustrates Our Lady. It is taken as representing the Immaculate Conception, being the lone figure of the woman with the sun, moon, and star accompaniments of the great apocalyptic sign with a supporting angel under the crescent. The word is Spanish Arabic, but in Mexico it may represent certain Aztec sounds.

Its tradition is long-standing and constant, and in sources both oral and written, Indian and Spanish, the account is unwavering. The Blessed Virgin appeared on Saturday 9 December 1531 to a 55 year old neophyte named Juan Diego, who was hurrying down Tepeyac hill to hear Mass in Mexico City. She sent him to Bishop Zumárraga to have a temple built where she stood. She was at the same place that evening and Sunday evening to get the bishop’s answer. The bishop did not immediately believed the messenger, had him cross-examined and watched, and he finally told him to ask the lady who said she was the mother of the true God for a sign. The neophyte agreed readily to ask for sign desired, and the bishop released him.

Juan was occupied all Monday with Bernardino, an uncle, who was dying of fever. Indian medicine had failed, and Bernardino seemed at death’s door. At daybreak on Tuesday 12 December 1531, Juan ran to nearby Saint James’s convent for a priest. To avoid the apparition and the untimely message to the bishop, he slipped round where the well chapel now stands. But the Blessed Virgin crossed down to meet him and said, “What road is this thou takest son?” A tender dialogue ensued. She reassured Juan about his uncle, to whom she also briefly appeared and instantly cured. Calling herself Holy Mary of Guadalupe she told Juan to return to the bishop. He asked the sign for the sign he required. Mary told him to go to the rocks and gather roses. Juan knew it was neither the time nor the place for roses, but he went and found them. Gathering many into the lap of his tilma, a long cloak or wrapper used by Mexican Indians, he came back. The Holy Mother rearranged the roses, and told him to keep them untouched and unseen until he reached the bishop. When he met with Zumárraga, Juan offered the sign to the bishop. As he unfolded his cloak the roses, fresh and wet with dew, fell out. Juan was startled to see the bishop and his attendants kneeling before him. The life size figure of the Virgin Mother, just as Juan had described her, was glowing on the tilma. The picture was venerated, guarded in the bishop’s chapel, and soon after carried in procession to the preliminary shrine.

The coarsely woven material of the tilme which bears the picture is as thin and open as poor sacking. It is made of vegetable fibre, probably maguey. It consists of two strips, about seventy inches long by eighteen wide, held together by weak stitching. The seam is visible up the middle of the figure, turning aside from the face. Painters have not understood the laying on of the colours. They have deposed that the “canvas” was not only unfit but unprepared, and they have marvelled at apparent oil, water, distemper, etc. colouring in the same figure. They are left in equal admiration by the flower-like tints and the abundant gold. They and other artists find the proportions perfect for a maiden of fifteen. The figure and the attitude are of one advancing. There is flight and rest in the eager supporting angel. The chief colours are deep gold in the rays and stars, blue green in the mantle, and rose in the flowered tunic.

(The Catholic Community Forum, taken from a 1911 Catholic Encyclopedia article)

Go Boom

At 3:25 P.M. on December 2, 1942, the Atomic Age began inside an enormous tent on a squash court under the stands of the University of Chicago’s Stagg Field. There, scientists headed by Enrico Fermi engineered the first controlled nuclear fission chain reaction. The result, sustainable nuclear energy, led to creation of the atomic bomb and nuclear power plants—two of the twentieth century’s most powerful and controversial achievements.

The Library of Congress has more.

‘I did not get on the bus to get arrested; I got on the bus to go home.’

As told by the Library of Congress:

On the evening of December 1, 1955, Rosa Parks, an African American, was arrested for disobeying an Alabama law requiring black passengers to relinquish seats to white passengers when the bus was full. Blacks also were required to sit at the back of the bus. Her arrest sparked a 381-day boycott of the Montgomery bus system and led to a 1956 Supreme Court decision banning segregation on public transportation.

Rosa McCauley was born on February 4, 1913, in Tuskegee, Alabama. In 1932, she married Raymond Parks and with his encouragement earned a high school diploma. The couple was active in the Montgomery Chapter of the National Association for the Advancement of Colored People (NAACP). While working as a seamstress, Mrs. Parks served as chapter secretary and, for a time, as advisor to the NAACP Youth Council. Denied the right to vote on at least two occasions because of her race, Rosa Parks also worked with the Voters League in preparing blacks to register.

. . .

Although her arrest was not planned, Park’s action was consistent with the NAACP’s desire to challenge segregated public transport in the courts. A one-day bus boycott coinciding with Parks’s December 5 court date resulted in an overwhelming African-American boycott of the bus system. Since black people constituted seventy percent of the transit system’s riders, most busses carried few passengers that day.

The success of the boycott mandated sustained action. Religious and political leaders met at the Dexter Avenue Baptist Church and formed the Montgomery Improvement Association (later the Southern Christian Leadership Conference). Dexter’s new pastor, Reverend Martin Luther King Jr., was appointed the group’s leader. For the next year, the Montgomery Improvement Association coordinated the bus boycott and King, an eloquent young preacher, inspired those who refused to ride:

If we are wrong—the Supreme Court of this nation is wrong. If we are wrong—God almighty is wrong! If we are wrong—Jesus of Nazareth was merely a utopian dreamer and never came down to earth. If we are wrong—justice is a lie. And we are determined here in Montgomery to work and fight until justice runs down like water and righteousness like a mighty stream.
Reverend Martin Luther King, Jr., Montgomery, Alabama, 1955.