Sunday, June 1, 2014

From Dirty Politics Rises the Pillars of Rights to the Accused in Criminal Trials: A History Lesson in Aaron Burr

From Dirty Politics Rises the Pillars of Rights to the Accused in Criminal Trials:

A History Lesson in Aaron Burr

When it comes to Aaron Burr, history has it wrong. I asked my son Spencer to show me his American History book this year so I could inspect its reportings on Aaron Burr. As suspected, there was a short blurb void of facts and a speculative conclusory statement referencing Burr's dubious ambition in separating the American west from the east, even though this is not true.  The Texas School Board, is not alone, despite its notorious criticisms. One can go back to real time obituaries of Aaron Burr and read such innuendos.  History is for those who write it. History does not always add up to facts.  That is why I decided to get down into the complex minutiae of the actual Aaron Burr trials so that I could grasp the issues clearly.  I had no idea that his case was the definitive case that gave our citizens in practical reality the right to counsel, the right to bail, the right to confront one's accusers, the right to inspect evidence. My concern that a great Founding Father be properly remembered and honored in truth morphed into an inspiring illumination of how so many essential rights of an accused came into being. In fact, U.S. v. Burr has been cited in courts  383  times since 1807 solidifying the basic doctrines of citizens accused ever since the original Not Guilty verdict.

As background, before reading this book (The Treason Trials of Aaron Burr by Peter Hoffer), I was well aware of the political animosity Jefferson had towards Burr from the contested election of 1800 in which it took the casting of ballots 36 times before the tie was finally broken. I was also aware that Jefferson had paid muckrakers throughout his political career to anonymously smear his political opponents. I was not prepared however for the lengths Jefferson would be willing to go to prove his  political points and rid the country of his political enemies.  Chief Justice John Marshall said that Jefferson did not have the proper moral character to be President.  To put Jefferson's role in the Burr trials in a nutshell, here is a cursory summation.  He directed that Burr be arrested and prosecuted on the basis of a letter Burr wrote to General James Wilkinson of the New Orleans territory. Wilkinson claimed Burr wanted to "levy" a war with Spain, which was a neutral country, and that constituted treason.  Furthermore that the act of levying war was the men and arms Burr had gathered in preparation of war on Blennerhasset Island.  Here is why two juries rendered quick Not Guilty verdicts: the alleged Burr letter was not written by Burr at all but by Wilkinson and Burr was not even on Blennerhasset Island when the alleged "levying for war" took place. What we now know after Wilkinson's death is that Wilkinson was a paid spy for Spain. He obviously had to get rid of the threat Burr posed to Spain in colonizing America, at the time in possession of the Floridas.  Truth is Burr had arranged for men, ammunition and boats to gather at Blennerhasset Island to help settle the west against Indians. Burr had specifically purchased financial interest in a large tract of land out west known as his Bastrop purchase. He was also helping other men speculate out west  for financial gain (paper currency at the time was highly inflated and of little value). It was necessary to have boats and ammunition to settle the land.  In Burr's own words, before treason was a sparkle in Jefferson's creative mind, he wrote on Nov. 27, 1806 to William Henry Harrison "I have no wish or design to attempt a separation of the Union... it is true that I am engaged in an extensive speculation and that with me are associated some of your intimate and dearest friends." Wilkerson's concern was that Burr would indeed settle the American west and this would threaten Spain's interest of retaking New Orleans and more of the western territories.  Wilkerson's double dealing and necessity of getting rid of Burr fit perfectly into Jefferson's plan of having Burr hung for treason and thereby ridding himself of his most formidable political contender. 

To ensure a conviction, Jefferson had Burr arrested without bail (he suspended writs of habeas corpus declaring a threat to national security), sought to deny him access to a lawyer, sought to deny him the right to examine the evidence (the letter Wilkinson forged), and sought to have him convicted (on the basis of the forged letter) without the right to confront his accuser (Marshall ruled Wilkinson had to testify).  Jefferson directed George Hay, his prosecutor, to pay witnesses out of his funds (letter dated May 26) and gave him six pardons (three were blank) in an attempt to sway witnesses (the others Jefferson had arrested as coconspirators for treason, none of which were found guilty). He instructed Hay that if Bollman (a Burr friend also attempting to settle lands out west) "rejects his pardon... move to commit him immediately for treason..."  Chief Justice John Marshall in both the Bollman and Burr trials, set bond, allowed them lawyers and access to the evidence and the right to cross examination (with Jefferson sighting executive privilege fighting all the way). After the Not Guilty verdicts (Jefferson had Burr tried twice on two different treason counts), Jefferson unsuccessfully attempted to have Chief Justice Marshall impeached. Not learning a lesson, Jefferson attempted again to use a  treason charge to prove a political point when he had a smuggler caught shipping goods to Canada during the Embargo Act unsuccessfully prosecuted for treason.

What historians fail to recognize is that Burr had every legal right to fight Spain once war was levied (as it later was as Mexico fought to retain Texas), Burr was just waiting for Spain's first move as he settled the American West. The Burr treason trials are very important to American history and criminal jurisprudence in that it proves the executive branch cannot usurp the judicial branch for political purposes.  In the early days of establishing the relations between the three branches of government, it is sad that Aaron Burr was the scapegoat and test case for Jefferson politics gone awry. To survive those ghastly trials, he had to be strong and in doing so he made sure that our American justice system could  not be used as a tool against against anyone for political reasons. That is why his case keeps coming up whether it is Nixon fighting to hand over evidence that would impeach him or a Vietnam War protestor (Watts v. U.S) being safe and free to speak his mind without threat of treason.

Was Burr an ambitious man ? Yes, no different than most of the Founding Fathers. How he did differ was that his character did not allow him to viciously attack his political foes or abuse his power. His parting speech as Vice President and President of the Senate (where he established rules still in use today) brought tears of admiration from his fellow Senators. He was championed  for fairly and adeptly handling the Justice Samuel Chase impeachment trial as President of the Senate, making sure politics did not trump the rules of law (Not Guilty as it was a political attack), little did he suspect that the example he set would later benefit him.  True to his generosity of heart and spirit, when Luther Martin  (one of his defense lawyers in the treason trials) approached him in old age needing shelter, Aaron Burr took care of him inhis New York City home  till Martin passed.  Burr from youth on, spent his entire life advocating against slavery and promoting women's equality (his education and training of his only child Theodosia exemplifies this).  I think it is about time the history books get it right.  Aaron Burr is a true American hero with the kind of fortitude this country desperately needed at at time where our experimental democracy could easily have gone the road of despotism.




Wednesday, November 6, 2013

Thomas Jefferson the Brilliant- our Bill of Rights

Just finished reading The Young Jefferson by Claude G. Bowers. What struck me was that an enlightened people limits government not trusts it.  Jefferson, when it comes to political ideology defines "enlightened." As a lawyer, what rings the loud gong bell for me is his wisdom in ensuring the "Bill of Rights" which is for practical reasons, the only safeguard we have today against encroachment and police tyranny (namely the 4th amendment). There are several political lessons to be learned in this story. After Independence, and it was his hand that so beautifully coined the magic phrases that defined a movement (his and Tom Paine's Common Sense) Thomas Jefferson found himself in France as our diplomat to our chief ally. His main and constant thorns were trying to calm down the debtors (international as well as French) who were owed money that funded our Revolution because the weak Articles of Confederation rendered our government powerless in levying taxes, responding timely with one voice to treaty and diplomatic issues and handling our own debt (which left our colonies divided on issues against eachother). A new but limp and powerless  country was no answer. James Madison, Jefferson's protégé while Jefferson was in France, ran with the baton of convincing all the colonies to call for a constitutional convention to enact governing statutes that made practical unifying with one effective voice all the colonies. Our great statesmen were so happy to have achieved the goal of replacing the Articles of Confederation with a Constitution that empowered our government that after achieving this goal they quit, indeed they had achieved the removal of embarassments for our overseas diplomats and the world was happy to see a government in place that made the US accountable, responsible and powerful enough to follow through on obligations to others as well as itself. If the story would have stopped here, imagine a behemoth government like the Soviet Union or China where the all powerful government would squash dissent, freedom of speech, dissenters or minority views because this would have been us. When Madison sent Jefferson a copy of the Constitution in France, Jefferson immediately voiced his rejection. An all powerful government with no direct restraints on its encroachments on its people was dangerous. Imagine if all we had was a framework that created a government of checks and balances of an executive, legislative and judicial branch and a nothing more. When we think of the Constitution we think of the Bill of Rights: our freedom of speech, of religion, to gather, our protection against unreasonable search and seizure, etc. We think of the ability to pursue life, liberty and happiness without  government interference. But a government of "checks and balances" protects the people you might say- wrong. I spend my career reminding judges (the judicial branch) there is a 4th amendment, that police can't just stop you for no reason and even then so often judges ignore our rights (no secret that in today's MADD DWI hysteria, bad stops are rubberstamped). Without the Bill of Rights, we the people would be at the whim of the controllers. "Absolute power corrupts absolutely."

Here are some of the passages that inspired me. In short , we are to be eternally grateful that Jefferson only acquiesced to the Constitution in approval as long as a Bill of Rights were forthcoming which, despite a seriously hotly contested battle, is exactly what occurred. We the people are in large part free to be happy because of the brilliance of Mr. Thomas Jefferson. God bless  his soul.

To a friend who wrote that the Constitution did not need a Bill of Rights because the Constitution provided for checks and balances between state (subordinate) and the federal government- "a security which exists in no other instance": he replied "The jealousy of the subordinate governments is a precious reliance. But observe that those governments are only agents. They must have principles furnished them whereon to found their opposition. The declaration of rights will be the text by which they will try all the acts of the federal government. In this way it is necessary for the federal government also; as by the same texts they may try the opposition of the subordinate governments."

To an accusation that a Bill of Rights would be inefficient: "..though it is not absolutely efficacious under all circumstances, it is of great potency always, and rarely inefficacious. A brace the more will often keep up the building which would have fallen with that brace the less. There is a remarkable difference in the inconveniences which attend a Declaration of Rights, and those that attend the want of it.  The inconveniences of the Declaration are that it may cramp the government in its useful exertions. But the evils of this are short-lived, trivial, and reparable. The inconveniences of a want of Declaration are permanent, afflicting, and irreparable."

Jefferson wrote to Frances Hopkinson (signer of the Declaration of Independence and federal judge in Pa.): "What I disapproved of from the first moment was the want of a Bill of Rights to guard liberty against the legislature as well as the executive branch of the government; that is to say, to secure the freedom of religion, freedom of the press, freedom from monopolies, freedom from unlawful imprisonment, freedom from a permanent military, and a trial by jury in all cases determinable b the laws of the land."

Jefferson, know that those of us blessed with the sacred license to practice law to ensure others' right to happiness and protection, will do our best to keep the Bill of Rights alive. I know you would be happy. For only a free people can be happy.

Monday, September 2, 2013

Learning to Lead from the Founding Fathers

What it Truly Takes to Be a Good Leader, Good Lawyer---- My Advice to the Aspiring Young

Without going into details  of names and jurisdictions and suffice it to say that as a longtime member and now a Regent of the NCDD, I am privy to the politics of great leaders across the country… It came to my attention recently that two lawyers I dearly admire (one a lawyer, one a judge) are dealing with what lawyers should never deal with: one a grand jury subpoena, the other a grand jury investigation.  Bottom line, my opinion, both will probably rise above the fray on legal grounds  but regardless, I strongly believe both could have avoided their plights.  The key ? Do your job.  Just  do your job and refrain from negative comments and backlashing.  There is no reason to engage in personal attacks. Although it is very hard sometimes to hold back, calling someone by name “a bully” (whether or not it’s true) or threatening an FBI investigation will sometimes get you just that: bullied into a grand jury investigation to see if something sticks or the FBI investigating YOU whether or not there is anything to investigate. 

I started reading books on Founding Fathers 7 years ago  (http://foundingfathersfervor.blogspot.com/2011/01/mimi-coffeys-reading-list.html ). It all started when I read Joseph Ellis’ Founding Brothers book. In just one book I got a snapshot of the lives and interactions of the greatest men in our country who risked everything and worked together to create the world’s greatest democracy. I was hooked.  My quest for studying Founding Father literature began with that book. I NEEDED more. Not only did my mind go back in history and give me firsthand the reasons why various constitutional provisions  are what they are, I could stand up in court and better argue the law. Brilliant, right ?  So I have kept on nonstop for 7 years always reading in my nonworking spare time a book which I believe helps me understand the spirit of the Founders and this country. This has expanded into Washington’s Generals, the ladies behind those great men, etc. even encompassing   a study of the history of the French Revolution that happened at the same time. What made our leaders smart enough to bypass the masses dying via the guillotine versus the French ?  This endeavor truly made and makes me a better lawyer. What I did not realize at that time or all these years, was that reading these Founding Father books  was the perfect training ground on politics and diplomacy.  Being a criminal defense lawyer, is being a professional beggar (mitigating damages) and diplomat the majority of the time.  Only 20-25% of my cases go to trial, the other 75-80% require skill in negotiation. The Constitutional Convention- one of the greatest lessons in diplomacy that exists in this country for us to directly study (massive details left by works like the Federalist Papers, and biographies into the lives of those Founders). When I sit across a DA who holds the key and upper hand in negotiation most of the time or with a judge who has their own inner agenda,  it is a HUGE responsibility for me to maximize all my diplomacy so that at the end of the day justice happens- my client benefits.  Many a time, I have felt my blood pressure skyrocket and have had to leave to return on another designated day, a day more suitable once proper seeds have been planted and better understanding exists to finish the deal. Reading how Alexander Hamilton, although a prodigious financial genius and industrious government visionary, stifled his rise to the Presidency or had some of his biggest plans go awry because he lacked people skills in negotiating and was eventually killed by his political rival in a dual is great lessonry in diplomacy. Or studying how Andrew Jackson through an innate genius in managing how to appeal to the masses could work magic with his political enemies , or how Thomas Jefferson being the visionary personally picked out and trained two protégés James Madison and James Monroe to continue his Presidential doctrines and agendas as they took office is prime example of how if you want to be great, study the greats. This really applies to all fields but the politics and diplomacy have particular relevance to lawyers.   Many people in their zeal, although their hearts are unquestionably directed towards the benevolence for others, do all society an injustice when they communicate hateful messages for example towards President Barack Obama or Texas Governor Rick Perry. They forget the most important things which is policies don’t define us, working together for everyone’s good does.  No public servant, whether the President, the governor, the judge, or the DA (especially) does it  for the money. No politician, judge or DA takes office instantly knowing all the right things to do. We all learn through trial and error, all jobs have a learning curve and smart people never let that curve stop.  It is unfair to criticize a person maliciously for the decisions they make in their job. I can attest to the fact that some assistant DAs that I initially disdained (not that they would ever know of course), through time and experience have turned out to be some of the best and I their biggest fans. None of us can be effective by being thin skinned. We can’t take disagreements in our job personally against others, this attitude will never help others to see it our way or learn.  To effectively negotiate we must first, no matter what, see the value in others despite their positions.


 If my lawyer friends had let their zeal calm down, they might have thought twice before making statements that had no productive use other than to pin others down in a corner for which no one benefits.  I’m hoping everyone involved in that, takes a few to deeply think about what is relevant and moves on productively.   I respectfully disagree with President Obama’s statement that law schools should be two years versus three.  Not only do we need internships (like doctors after schooling for real life training), we need to add diplomacy classes and training. The best lawyers are the best diplomats. The most effective judges, DAs and defense lawyers are those who know how to get along with everyone. Only when there is mutual respect can there by possible change. For those public servants who don’t belong in office, what goes around comes around. Life has a funny way of shaking things out---- many times the right way. So young people aspiring to be lawyers, watch your FB posts, Twitter posts, and Instagram shots- be diplomatic. Don’t let disagreements be a reason for hatred and unwanted posts that no one desires to see.  Be mature and  although you can’t see the big picture yet, know that there is one. For example, the greatest politicians have capacity to bounce back and do- look at first Supreme Court Justice John Jay: after the Paris Peace Treaty his effigy was being burned in the streets (he feared for his life) only to later be elected Governor of New York.  So key words: DIPLOMACY, DIPLOMACY, DIPLOMACY. As for me, I will keep taking a breather every time someone sends me a disrespectful political email or I pass an uncouth bumper sticker- because even for them, there is always hope. 

Saturday, June 1, 2013

More Proof Aaron Burr Was Framed

Benedict Arnold was a traitor. Proof positive. He didn't get the money he bargained for, nor the promotion he was seeking in the British army. He died in England a sad and lonely man. No one disputes this.  But Aaron Burr ?  Absolutely not a traitor. He is an American Hero. So why the cloud?  He was found NOT GUILTY of treason. Why relevant ?  The truth has a funny way of rising to the surface, even hundreds of years later. It is time we teach our children in their history class and set the record straight.

I first became interested in Aaron Burr when on my quest of reading books on Founding Fathers, I read his biography by Nancy Isenberg. I was awestruck.  Here was a badass lawyer, a classy guy by all definitions, well read and philosophical. He was a brave and daring military officer (saving Alexander Hamilton ironically enough when his brigade was destined for capture and the other officers abandoned it as a lost cause). He was a hard worker, extremely prodigious whether it was sleeping in the same clothes half awake for weeks at a time at White Plains (to prevent capture) or organizing a grassroots political campaign that shockingly changed New York Federalist votes to Republican (thereby electing Thomas Jefferson over John Adams).  He was good hearted- in his later years funding the education of young poor women.  Most of all, I liked his character.  While Thomas Jefferson was paying yellow journalists to smear his political enemies and Alexander Hamilton under pen names doing the same, Burr never responded to false accusations in such a manner (& when he did, he meant business- the Hamilton duel). He thought it beneath his character. He made a lifelong practice of refraining from political mudslinging and backbiting. We now know for a fact through a comprehensive study of the Founders through their personal letters and writings of the unsavory parts of politics- jealousy, mistrust and insecurities that are well known facts of the likes of Thomas Jefferson and Alexander Hamilton. Aaron Burr was so full of integrity he even bowed out of the Presidency of 1800 (even though he had the votes in the contested elections of 1800 had he simply made a few moves that were encouraged among the voting delegates) because he  had already professed commitment to getting Jefferson elected. He was a man of his word. Everyone knew it.  That is why  his treason charge went nowhere. This false charge was the mastermind child of Jefferson dreamt up after years of petty jealousy he could no longer stand. Jefferson  used James Wilkinson a military leader appointed Governor of New Orleans to hype up the charges. It has since come to light that James Wilkinson, whose painting still adorns a historical New Orleans museum, was a paid spy of the Spanish government (see Wikipedia). I recently came across fresh proof of Wilkinson's duplicity while reading Washington's Generals (edited by George Billias and published in 1964).  It appears that Wilkinson also made false allegations of the beloved Washington General "Mad" Anthony Wayne. To quote a passage from the book "Wayne's popularity was so great that he was able to dismiss such carping (by Wilkinson) as 'the idle Phantom of a disturbed imagination.' Indeed, in view of Wilkinson's subsequent duplicity in selling out to the Spanish for gold, his description of Wayne might easily have been applied to himself."   So, there you go. Jefferson's charge of Burr's treason folded like a house of cards. Lies are like sand castles, they cannot withstand the waves of truth.  More proof.

Why relevant ? I think Aaron Burr is a good example of where good character will get you. We all face moments of challenge. Some of us even false allegations (ask any President or Hollywood celebrity, power attracts attacks bar none). For me , not only do I make a living of fighting false accusations (citizens accused of DWI, not all of which are guilty) but like Burr- because I am good at what I do I sometimes face false accusations by DAs who twist the truth as well as mischaracterize happenings in court when things don't go their way.  How do I handle it ? Much like Burr- my character is of such that I don't find it worth my time or integrity to address base allegations.  My work and character speak for themselves. Much like Wilkinson, those who make false accusations normally don't just accuse one. In the end, much like Wilkinson the proof of their bad character will one day come to light.  Power attracts the worst of characters.  May we all follow Burr's example and let good character and good works speak for themselves. Have to admit, I think the repopularity of Aaron Burr in the milk commercials is kind of cute ;)

Tuesday, December 25, 2012

A True Badass: Aaron Burr

Just finished reading the second volume of Aaron Burr's memoirs by M.L. Davis. It is Christmas Day 2012, and I really feel like one of the best and most sincere historical gifts I can give to the world is set the record straight on one of our country's most impressive, dedicated, and talented stateman.  Unfortunately we live in a fast food, communicate by the second, text message society where the art of research is a lost art unless you are publishing at the university level for scholarly purposes or high level peer reviewed research in a field.  I frequently come across (as a huge Founding Father buff) references to Aaron Burr's character as questionable. Even some school history textbooks (obviously scholars aren't writing primary school textbooks) cast dubious light on Burr as a someone who was found Not Guilty "technically" of treason, and the killer of Founding Father Alexander Hamilton in a duel.  Here are the facts of these 2 points in his life:  he indeed challenged Alexander Hamilton to a duel after putting up with Hamilton's attempts at unfairly attacking his character for years. It all boiled down to Hamilton claiming that Burr was not fit to hold office due to his personal lack of integrity (this could not be farther from the truth) that was printed in a letter by Dr. Cooper that ultimately cost Burr the election to New York's governship.  Burr gave Hamilton several chances to either directly avow or disavow the statement.  Hamilton chose to do neither.  Hamilton chose to duel it out as many gentlemen did back in that day over serious slights.  Hamilton lost, fair and square. Hamilton had a reputation for always attacking Burr in a day and time where the best characters of government held themselves above such petty action.  Burr never corrected a rumor or attack in the paper, neither did he attack others. This was not the character of a gentleman.  As for the treason charge, it is made clear by many public documents (the best as letters written and recorded by characters and government leaders in the know included in his memoirs) that to claim Aaron Burr wished to battle the western states against Spain and then secede from the Union is ludicrous.  History remembers Thomas Jefferson as a hero but patron saint he was not.  Much like Hamilton, his political jealousies of Burr rose to the level of the deepest calumny.  Even in the treason trial in the Senate (the State of Virginia rejected such ridiculous evidence as none existed, they could not get a grand jury to indict so Jefferson called up his political buddies in the House and had Burr charged) it was proved that Major Wilkinson (Jefferson's friend) forged a letter of Burr's to make it appear Burr wanted the new western states to secede when it was the exact opposite. Jefferson even had the DA Hay threaten one of the main witnesses (Dr. Bollman) with a pardon which he refused and testified anyway not appreciating the veiled threat of prosecution when all he did was testify to the truth (Burr wanted to help the US by getting the US ready for an inevitable war which was thought at the time with Spain so the Floridas could joing the US).  Neither Hamilton nor Jefferson had Burr's heroic military accomplishments (Jefferson was the Governor of Virginia when the British burned it and he retreated via horseback in fear he was so unmilitary-like).  Jefferson directed that Burr be prosecuted for a crime  he did not commit and used false evidence and threats in an attempt to achieve this. All the while, Burr never lost site of the country's best interest.  When he gave his closing speech as President of the Senate, many Senators cried and viewed it as one of the best speeches ever given at the Capitol.  The speech was Burr explaining all his actions as President of the Senate was for the best of the country. He held nothing against any of them for differing with him politically or on any decision.  He encouraged the future VPs as President of the Senate keep the same traditions and values that he worked hard to achieve.  Burr was not only a dignified statemen, he was a great father. He pushed his daughter Theodosia very hard in all manners of educational and cultural pursuits. Not only did early in his career he attempt to pass legislation to free the slaves he also made attempts at giving women the right to vote.  He believed in the power of women at a time when politically this was not acceptable.  He even had a painting of Mary Wollstonecraft, the leading women's rights philosopher at the time on his fireplace mantel.  He cared so much for women, that when his daughter died he took on the education and direction thereof personally of two young women solely to help them.  He graduated Princeton an abnormally bright scholar and at a very young age. His lawyer skills were unparalled.  His political organization skills unparalled.  He could have been elected President in the controversial 1800 election had he lobbied for himself which he refused to do (although the majority in the House wanted him but settled on Jefferson).  He started one of the first national banks, which still exists today (Chase Bank).  He was cultured beyond description.  He was very well read and took on productive tasks, one of which was to ask his daughter to translate the Constitution into French.  He lived in Europe for four years trying to advance the US interest in expanding the west into the Union.  He was always generous in hosting others including foreigners in his home. He was funny (his letters to his daughter evidence a wicked sense of humor at unexpected times).  He was generous.  History records that at a time when he did not have much money he sold personal items to care and provide food for some children (their mother's written account still exists).  He lived to be 81.  He had a strong temperment.  He never lost faith or became bitter through his two trials in life (the Hamilton duel where he was threatened with criminal action and the treason trial).  He lost his beloved daughter and his only grandchild (Aaron Burr Alston, who died when he was a child of ten) in the same year and his son in law shortly thereafter but he never became bitter about life.  He found new people to help.  Aaron Burr was one of our country's greatest Founding Fathers.  It is my true desire that one day sentiments such as mine will be the pervading sentiments and that we might erect a memorial in his honor.  I submit the following as a possible memorial:  "Here we honor Aaron Burr, third Vice President of the United States.  A man who could have been President in 1800 but chose gentlemanly honors first in the conduct of elections.  Let it be known that he established the proper and respectable rules of Senate conduct during his tenure as President of the Sentate in a way forever to be remembered, emulated, and encouraged.  He was a daring military hero who saved a platoon from capture in New York sent in by Washington himself due to his bravery and skill while others advised retreat.  He lived his life encouraging the abolition of slavery and the promulgation of female talents equal to their male counterparts.  Here lies a rare gentleman the country was lucky to have at its time of need."

Saturday, November 3, 2012

Present Day Alarm: take heed

In Writings of Ben Franklin ....edited by Carl Japiske, the last few pages are dedicated to an imaginary conversation with Ben Franklin if he were alive. Scary but true thoughts of how far government has taken away the rights and freedoms in the Constitution. We must reverse this.

Monday, August 27, 2012

Unlikely Allies by Joel Richard Paul

Unlikely Allies by Joel Richard Paul
For those of us who did not grow up history majors, practical reality of the sacrifices of great men to make America possible simply has been lost in the few pages and few battles that most schoolchildren are taught ad nauseum and can recite (Paul Revere, Valley Forge, etc.)  It is a fact that the glorified "winners" of our history: George Washington, Thomas Jefferson & the like get committed to solemn memory as the reason d'etre of our existence. Joel Rchard Paul (an impressive Harvard alum lawyer, diplomat, professor) in his ponderings and extensive reading came across the mysterious and intriguing papers of Silas Deane. Thankfully this bright mind wanted to excavate and explore the contributions of this mysterious Founding Father character and shed light on this bastion of hero strength whom our country owes more than it can ever repay. Silas Deane unfortunately has been categorically cast with negative aspersions as a result of jealous politics and these false innuendos have relegated him to a sad figure in our history.  Paul's work is truth shattering, akin to nothing short of unearthing the Egyptian tombs of Tutankhamun and the like in bringing to light the incredible story of one of our country's greatest heros when brave and talented souls were desperately needed and in short supply to give us a fighting chance in beating the most powerful country in the world at the time and giving hope to all mankind everywhere for democracy. Paul's erudite work reads like a Raiders of the Lost Ark script with Deane proving himself a brilliantly talented and goodhearted pursuer of democracy and equality for all. Long story short, we discover that Deane lost his wife and never was able to see his only surviving child (a son) again in his life as he was in France negotiating quite adeptly for the funds that helped win our country the means to make independence a reality, all the while suffering financially as our struggling county never had the means to pay and provide for our leaders like him when it was needed. He literally bankrupted himself in our country's cause. His mysterious poisoning death as he finally set off for America on a ship after years of sacrifice from the hands of a spy cunning enough to trick Ben Franklin is nothing short of meriting an Alfred Hitchcock plot.  Tied into Paul's brilliant book is the true tales of two other very interesting characters who were in the diplomatic triangle of securing France's resources to the American cause. The two other French men were the Chavalier D'Eon, a man who spent a diplomatic career pretending to be a woman to satisfy the spy necessities and saving face act of King Louis XV and King Louis XVI. His career as the French diplomat to the British Court is nothing short of death defying in risk and rewards. Fascinating how he died a spinster  woman only to have everything that was honorable about him take a back seat to his gender unceremoniously revealed in his death.  The other part of the dynamic and incredulous triage turned out to be the Caron de Beaumarchais who not only invented the wristwatch, earned the respect of the King to the point of being entrusted to tutor his children, but also was the famous playwright behind what would later become the Marriage of Figaro and the Barber of Seville. His being taken in and cared for by a wealthy patron who probably made him his lover till his death only makes it a more salacious tale in the backdrop of the dangerous political missions he was sent on (one of which was to convince the Chevalier D'Eon to act permanently like a woman or die due to politics gone awry which sabotaged the French King's power).  The book would be a fascinating read if it was a work of fiction, the fact that it is true is astounding and proves our American history is proof that it takes all kind of extraordinary people, dedication and talents for the impossible to manifest. This book inspires awe of toughness of character and circumstance. It reminds and teaches us that one should never discount or underestimate a person for not fitting neatly into a  mold. Everyone who is brave and talented is capable of changing the world in a very big way.... This book is a national treasure in that it rights history for the sake of Silas Deane and inspires us that some like Silas Deane, gave it their all, literally. Without funds and France, Washington could have been a captive and executed prisoner of war. Our country like Canada may have flown the British flag for many years to come but this book proves it was through the extraordinary sacrifice of heroes like  Silas Deane that we sing the Star Spangled Banner and Silas could not do it all. We also must thank the Chevalier D'Eon and Caron de Beaumarchais.  Thank you Mr. Paul for a pheonomenal piece of work that sets history straight and inspires us all. Long overdue for the sake of Founding Father Silas Deane.