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Word Wars: Napoleon’s Palm, Our Henry Lee and Hitler’s White Rose

8/25/2014

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PictureJohann Phillip Palm ~ 1768 to 26 August 1806









War Cry Heal Union: The series (8 of 10)


For James Wright Foley (1973-2014) and free speech.


Word wars are always already moral. The powers of the moment, be it Emperor, Mob or Dictator, attempt to control the message through morality’s timeless twins ~ silence and violence.

The US Constitution recognizes this aspect of power in the ageless First Amendment (1791):

“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.”

The story of free speech and press in Western Civilization ~ from Socrates to Foley ~ is a telling story … 

PictureHenry Lee III ~ 1756 to 1818
Napoleon’s Palm
On 25 August 1806, Johan Phillip Palm, a German publisher living under the rule of law according to the ideas of French Emperor Napoleon Bonaparte I, was tried in a mock court. Palm had published news ~ behavioral tales of Napoleon’s soldiers in Germany ~ and did not reveal the author to the mockery; the next day, 26 August 1806, Palm was executed by firing squad.

America’s Henry Lee III
On 27 July 1812, Henry Lee III, a famed American revolutionary living under the rule of law according to the ideas of a mob in Baltimore, was pummeled to incapacitation. Lee was defending Alexander C. Hanson and his First Amendment right to publish an antiwar editorial. The defenders of a free press were attacked by a “Be Quiet!” mob; Lee was never the same health-wise and died in 1818.

Hitler’s White Rose
On 22 February 1943, Sophie Scholl, a German teacher living under the rule of law according to the Nazis and Adolf Hitler, was tried in a mock court. Scholl and two Others, part of a group writing under the name White Rose, were found guilty of publishing antiwar pamphlets and writing anti-government graffiti. The three were beheaded almost immediately ~ five hours after the mockery. 

And many Others ~ free speech and press ~ part of everyone's story.

*Next on Ew Publishing’s WCHU: a double feature honoring rebels and constitutions. The Rebels of Harlem Heights begin the summer series finale on Tuesday, 16 September ~ followed by Constitution Day 2014 on Wednesday, 17 September.
~
Posted by Bryan W. Brickner
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Angles: 1864 Civil War Unrepresented and Cheatham Hill

6/26/2014

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Picture
Afternoon on Cheatham Hill (2011)
War Cry Heal Union: The series (2 of 10)

I came upon today’s story by happenstance ~ much like the citizens who fought and died there.

In 2011 I visited Marietta Georgia and its National Cemetery. Most of the federal soldiers interned there are from 1864 and Sherman’s campaign to capture Atlanta; many fought in the Kennesaw Mountain battle and, specifically, at Cheatham Hill, also known as “Dead Angle,” and the map indicated a monument to Illinois ~ my home state.

The above photo’s perspective is from the top of Cheatham Hill; on the morning of battle, 27 June 1864, this would have been the Tennessee/Confederate line (the sun is to the northwest ~ an afternoon photo). The Federals were in the forest background with the hill to their front. They were mostly citizen-soldiers from Illinois, Indiana and Ohio in infantry regiments; they would soon rush across that field and up the hill to assault the Tennesseans.

What are a citizen-soldier’s sentiments at such moments? Prayer for sure … and probably shouts of ~ “There’s Hell boys!” or “Here comes Hell boys!” ~ depending on one’s perspective.

At 9:00 a.m. Federal skirmishers and a human wave of blue moved out of the forest and up the hill to assault the Confederate breastworks …

Because we can, let’s pause the assault for a moment and give some thought to the carnage that is about to take place; let’s even ponder such things as: why are citizens from Illinois, Indiana and Ohio assaulting Tennesseans on a Georgia hilltop? Or, more clearly, what part of our Constitution failed: Madison’s theory of representing We the People according to our numbers or the lack thereof?

Since we just paused war for a moment, we might as well keep going and call in a couple of founding spirits ~ Benjamin Franklin (anti-slaver) and James Madison (slaver) ~ for an imagined-yet-real constitutional dialogue:

Ben Franklin: James, they didn’t use the blueprint and representing We the People at the ratio of one Representative for every thirty Thousand.

James Madison: I know Benjamin ~ they got caught-up in slavery and the three-fifths clause.

Franklin: By 1860, the last Census before the Civil War, the representation ratio had risen to 119,000 citizens per Representative [Brickner: Article the First page 100]. Obviously, that is un-representation and not our design for We the people of the United States Republic.

Madison: I know ~ it’s Plato’s Republic …

Franklin: … Which doesn’t work.

Madison: They’ll learn ~ we had too as well.


Yes, We the People still hold the Unrepresented “not yet” card. It’s the Constitution’s Article 1 Section 2 Clause 3: “The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.”

Okay, back to the assault. If the Illinois, Indiana and Ohio citizens have to charge (orders you know) and the Tennesseans, under the command of Benjamin Franklin Cheatham and Patrick R. Cleburne, have to obey orders and hold the line … you can see what’s about to happen. There’s no room for maneuver ~ nowhere to go. The Illinois citizens want the hill so they can take Atlanta (only 20 miles away) and go back home; the Tennesseans want the hill to save Atlanta and go back to a home.

So the assault happens … now the photo looks different; suddenly it’s a nice picture of a citizen-killing zone. Soldiers often say similar things ~ how peaceful Nature can be and feel … and then Hell breaks out.

On 27 June 1914, the 50th anniversary of the battle, the Illinois Monument was dedicated on Cheatham Hill; it’s on the spot where 15 Illinois Infantry Regiments fought and dug in: they couldn’t dislodge the Tennesseans and they couldn’t retreat down the hill without suffering terrible casualties; “Dig-in” was the command and dig they did. The Battle of Kennesaw Mountain 150th Anniversary group recently highlighted a 100 year-old article from The Marietta Journal and Courier written in preparation for the monument’s unveiling a century ago; the events at Dead Angle are honored:

“Cheatham’s Hill was one of the memorable battles of the war. The Federals and Confederates faced each other there for six days and six nights, their lines being so close that the soldiers were in ordinary speaking distance. They fought from the 27th of June to the 3rd of July, 1864 and on the last day the Confederates withdrew because of a flank movement. It was well they did so, as the Federals had constructed a tunnel far into the hill, had placed explosives under the Confederate position and intended to touch off the mine on the 4th of July.”

The tunnel is still visible today … and war continues its flanking movement.

The day after the monument's dedication, 28 June 1914, the heir to the Austrian throne is assassinated by an “unrepresented” subject of the empire (an anarchist); this singular event, seemingly a world away from Marietta and Cheatham Hill, would lead the European Empires into World War I ~ a war that would soon touch Georgia and all the other states in the Union.

Perhaps stated in terms of We the People of Europe, WW I (like our Civil War) was caused by a failure to represent ~ account for ~ The Unrepresented.

We’ll pick-up there tomorrow with Empires Crumble and Others Build, part 3 in the War Cry Heal Union series.

Video:
Cheatham Hill

Bryan W. Brickner
Ew Publishing


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Amar’s Absent Shall in America’s Constitution

1/6/2014

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Picture
Biblically, shall is an imperative: thou shall honor thy parents, for example. Legally, shall is also an imperative, as it conveys obligation.

The absent “shall” from Akhil Reed Amar’s book, America’s Constitution: A biography (hardcover, 2005), is not on page 76. Under the rubric “The Number of Representatives,” Amar’s text leads the reader to a falsehood; when discussing the Constitution’s representation ratio (Article I, Section 2, Clause 3), the key legal word – shall – is absent. Here is Amar’s sentence:

“Although Article I provided that the House should not ‘exceed’ one representative per thirty thousand constituents, its only minimal mandate was that each state have at least one member.”(page 76)

In Amar’s book (where shall is rendered as should), he argues that the US Constitution has no maximum and only a minimum regarding the representation of We the People in Congress; by comparison, here is what Amar is referencing – Article I and its two shalls (in bold) – the first one setting a maximum, the second a minimum for constitutional representation:

“The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative.” (USC Article I, Section 2, Clause 3)

Interesting political theory moment: Amar’s absent shall is a reverse deconstruction – surprisingly, it’s post-modern, like the theories of Jacques Derrida and Jean Baudrillard, though in reverse. Instead of the usual lineup – a presence masking a basic absence – Amar’s absent “shall” is masking a basic reality: the presence of a constitutional mandate for representing We the People at the ratio of one for every thirty Thousand.

There happens to be lots of post-modern moments in Amar’s Constitution, so let’s bring James Madison, John Jay and Alexander Hamilton into the discussion next time. Amar notes the three founders (the book is over 600 pages), though he doesn’t on page 76 as required of a dissertation; instead, Amar quotes a dissenter, Patrick Henry, a founder who refused to attend the 1787 convention, and not a founder who was present in Philadelphia – like Madison, Jay or Hamilton. So we’ll do that next time – as we look to the founders and compare Amar’s theories to those in The Federalist Papers.

Bryan W. Brickner

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    Author

    Brickner has a 1997 political science doctorate from Purdue University, cofounded Illinois NORML in 2001, and was a 2007 National NORML Cannabis Advocate Awardee. He is also publisher and coauthor of the 2011 book banned by the Illinois Department of Corrections – The Cannabis Papers: A Citizen’s Guide to Cannabinoids.

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