Oaths of Loyalty to the U.S. were Common at Time of Civil War

An oath of allegiance to the United States signed by Confederate surgeon Samuel Houston Caldwell at the close of the Civil War went to auction in June 2007.

By Jim O’Neal

One of the primary problems facing the federal government when the Civil War began was ensuring that its employees and military were loyal. Over 300 U.S. officers resigned to join the Confederacy, as did numerous clerks and officials. Fearful of disloyalty among those who remained, President Lincoln on April 30, 1861, ordered all military personnel to retake an oath of allegiance.

Even though these regulations were rigidly enforced, fears of disloyalty remained and numerous ad hoc oaths of allegiance were used as a means of testing and ensuring loyalty. By the summer of 1862, most of the oaths – civil and military – were combined under one oath, the Ironclad Test Oath of Loyalty.

The Ironclad Oath was named because it required an oath-taker to swear, “I have never voluntarily borne arms against the United States.” In addition, the person had to forsake any allegiance to state authority and swear “to support and defend the Constitution of the United States against all enemies foreign and domestic … [and] bear true faith and allegiance to the same.”

An oath of allegiance rapidly became a test of loyalty for common citizens. Maj. Gen. Benjamin Butler as military governor of New Orleans required that after Oct. 12, 1861, anyone who wanted to do business in the city or with the U.S. government had to take an oath of allegiance to the United States. As stated by Butler, “It enables the recipient to say, I am an American citizen, the highest title known.”

Butler’s practice became commonplace as the war progressed, and the Ironclad Oath, or a variant, was required of thousands of federals and Southerners. People who wanted to do business with the government, Confederate prisoners of war who wanted parole, Southerners who wanted to be reimbursed for goods taken by foraging federal troops, and Union sympathizers in the South who wanted to govern themselves – all took the oath. Some took it numerous times; the record may have been set by politician Robert J. Breckinridge, who took the oath nine times between June and December 1865.

After the war, the oath presented an immediate problem for both the South and North. Since its provisions remained in effect, no former Confederate soldier or Southern citizen who had assisted in the South’s war effort could hold federal, state or local office, or serve in the military. To evade the “ironclad” portion of the oath concerning bearing arms against the United States, former Confederates had to petition the president of the United States for a pardon.

In 1884, Congress removed all the iron from the Ironclad Oath when it passed into law a new Oath of Allegiance. The 1884 oath removed all the restrictive portions of the older oaths and left it in its current form – an oath to support and defend the Constitution.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Webster Considered the ‘Father of American Scholarship and Education’

A first edition of Noah Webster’s An American Dictionary of the English Language, with a four-page manuscript in Webster’s hand concerning word origins, sold for $34,655 at a February 2010 Heritage auction.

By Jim O’Neal

Noah Webster published his American Dictionary of the English Language in 1828 when he was 70 years old. It was printed in two quarto volumes with 70,000 word entries. (A quarto was typically 9 x 12 inches or roughly the size of modern magazines.) About 12,000 of the words had never appeared in a published dictionary and Webster tried to harmonize the spelling of a word with its common pronunciation.

Another unique feature was the inclusion of words used in America that were not in British dictionaries. Perhaps that is why George Bernard Shaw – the Irish playwright who won the Nobel Prize in 1925 – is said to have coined the phrase “The United States and Great Britain are two countries separated by a common language.” (There are several variations of this, including one by Winston Churchill.)

Noah Webster

Webster (1758-1843) also collaborated with Alexander Hamilton and other prominent Federalists, which made him a rich target for Jeffersonian-Republicans who peppered him with insults: a prostitute wretch, incurable lunatic, spiteful viper, pusillanimous traitor, to list just a few. He founded the first daily newspaper in New York, The American Minerva, and a semi-weekly publication later known as the New York Spectator. He was a prolific writer and earned the imposing sobriquet as the “Father of American Scholarship and Education.”

I have gradually abandoned the use of printed dictionaries, but a copy of the old reliable Merriam-Webster still occupies a handy spot in the bookcase. One who didn’t was Emily Dickinson, who used Webster as a reference “obsessively.” Scholars studying her immense body of work routinely turn to Webster for clarification. She was such an eccentric recluse that only a dozen of her 1,800 poems were published while she was alive. The hodgepodge of short lines, unconventional punctuation and slant rhymes make her work difficult to appreciate. But the lady could write and may be the finest American poet of the 19th century.

Webster’s name is still synonymous with “dictionary” despite becoming generic and hyphenated long ago. He died in 1843 after playing a critical role in the Copyright Act of 1831.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

British General Had Unfortunate Assignment of Quelling a Revolution

A letter signed by Thomas Gage, a year before the opening shots of the Revolutionary War, sold for $5,625 at an October 2013 Heritage auction.

By Jim O’Neal

Thomas Gage was the general in charge of Great Britain’s forces in North America from 1763 to 1775. As commander-in-chief, he held the most powerful office in British America, although he spent a disproportionate amount of time in New York City, enjoying the lively social scene.

It was during Gage’s tenure that colonial tensions escalated over political acts in London, starting with the highly unpopular Stamp Act of 1765.

Thomas Gage

Although Gage and his family were in Great Britain in late 1773 and missed the Boston Tea Party (Dec. 16, 1773), it provoked the British Parliament to enact a series of punitive measures that became known as the Intolerable Acts (or the Coercive Acts). Since Gage had experience in North America that extended all the way back to the French and Indian War in 1755, he was selected to be the military governor of Massachusetts in early 1774. It was his job to implement the Acts and quell the nascent rebellion.

In April, John Hancock and Samuel Adams had decided to hide out in Lexington, Mass., in Hancock’s childhood home to avoid contact with the British as they made their way to the Second Continental Congress. It was a wise decision since Gage had received instructions from London to arrest them as ringleaders of the insurgency. He also planned to seize gunpowder that was stored in nearby Concord.

However, the patriots received a tip about the raid and Paul Revere was dispatched to warn Hancock and Adams. When British troops descended on Lexington on April 19, they were confronted by a small band of volunteers. Now-historic shots were fired, killing eight Americans and wounding 10, while the British lost a single horse before they moved on to Concord.

It was a much different story when the British proudly marched back to Boston in their crisp red uniforms. Suddenly, they were engulfed on all sides by armed men, many of them local farmers, who were protected by buildings, trees, rocks and fences. They were known as the Minutemen, since they were highly mobile, self-trained in weaponry, deadly accurate with firearms, and able to respond quickly to military threats.

The British, frantic to seek safety, scrambled back to Boston after 273 soldiers were either killed or wounded. The colonists lost 95 men and were now prepared to challenge the once-invincible British, despite the enormous difference in resources. A larger and longer conflict was finally ignited.

John Adams got it exactly right when he said, “The battle of Lexington on the 19th of April changed the instruments of warfare from the pen to the sword.”

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Tidbits: Bluebonnets, Sherlock Holmes, Bums and Booze

Julian Onderdonk’s Texas Landscape with Bluebonnets sold for $437,000 at a November 2015 Heritage auction.

By Jim O’Neal

The bluebonnets in Texas are beginning to fade, but two names always come to mind when talking about the flowers: Claudia Alta Taylor (better known as “Lady Bird” Johnson ) and “Cactus Jack” Garner, who lobbied to make the prickly pear cactus the state flower (and lost).

Garner became the 32nd vice president of the United States in 1932 and concurrently was elected back to the House. So for one day, on March 4, 1933, he was both Psident of the Senate and Speaker of the House.

Earlier on Feb. 15, 1933, as VP-elect, he came close to being president when FDR just missed being assassinated in Miami.

Garner served two full terms as VP and died 15 days before his 99th birthday – making him the longest-living VP.

“A Study in Scarlet” by Arthur Conan Doyle was the first story featuring Sherlock Holmes. It was published in 1887 in the magazine Beeton’s Christmas Annual – with only 11 copies known to exist today.

Joe Louis by Irving Penn

The last heavyweight championship bout scheduled for 20 rounds was held in Detroit in 1941. Joe Louis TKO’d Abe Simon in 13 rounds. Simon was a member of Louis’ “Bum of the Month Club” – 13 opponents Louis defeated between 1939 and 1941.

After leaving boxing, Simon went to Hollywood, where he won roles in On the Waterfront, Never Love a Stranger and Requiem for a Heavyweight.

Our 35th vice president, Kentucky lawyer Alben W. Barkley, was elected with Harry S. Truman in 1948 and is still the only one with the middle name of William (he was actually born Willie Alben Barkley).

One of his career highlights was his keynote address at the 1932 Democratic Convention, where he supported Franklin D. Roosevelt and denounced Prohibition (Kentucky bourbon?). It worked … FDR won and prohibition was repealed in 1933.

Although the oldest VP elected at age 71 (Joe Biden was 65 in 2008), Barkley is the only one to marry while in office … a woman half his age. Later, he denounced the 80th Congress as “Do Nothing,” but Truman often gets credit for the phrase.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Civil War Far Worse than Anyone Could Have Imagined

This Charleston Mercury broadside, dated Dec. 20, 1860, and announcing “The Union Is Dissolved!,” sold for $77,675 at a June 2009 Heritage auction.

By Jim O’Neal

James Buchanan as a lame-duck president did nothing to stem the tide of disunion. He officially held the reins of power in the four-month period between the presidential election in November and Abraham Lincoln’s inauguration in March 1861, but he had lost any popular mandate to govern.

Secessionists had anticipated his indecision and cited it as confirmation of their argument that disunion would be peaceable. Buchanan – reasoning that just as secession was unconstitutional, so was any attempt by the federal government to resist it by force – preferred to leave the problem to the Republicans.

He sincerely thought they were responsible for the crisis, and he said as much in his last annual message of Dec. 3, 1860. His policy was simply to do nothing that might provoke an armed conflict with any seceding states.

Republicans initially denied the existence of any crisis. They were acutely aware of the pattern of Southern bluster and Northern concessions that had characterized previous confrontations, and they were not about to surrender their integrity as an anti-slavery party by yielding to Southern demands.

At Lincoln’s urging, they drew the line at sanctioning the territorial expansion of slavery. Such a sanction was a crucial feature of the Crittenden Compromise, a package of six proposed constitutional amendments that came out of a Senate committee led by John J. Crittenden of Kentucky in mid-December. Slavery would be recognized south of 36 parallel 30 degrees in all present territories, as well as those “hereafter acquired.” To a man, Congressional Republicans rejected what they interpreted as a blank check for the future expansion of slavery into Mexico and the Caribbean.

The collapse of the Crittenden Compromise in late December eliminated the already slim possibility that the drive toward secession might end with the withdrawal of just South Carolina. Still, when Lincoln took office on March 4, Republicans had reason to believe that the worst of the crisis was over.

February elections in the Upper South had resulted in Unionist victories after five states had called for conventions in January and the secessionists had suffered sharp setbacks in all the elections. By the end of February, secession apparently had burnt itself out.

Throughout March and April, the Union remained in a state of quiescence, but the pressure was too high. A core of secessionists were more eager for war than anti-slavery forces were to making concessions. Besides, everyone knew that if armed conflict began, it would be over very quickly. When it came, however, it was worse than anyone could have possibly imagined (sigh).

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Transcontinental Railroad a Significant Achievement that United Nation

A cane celebrating the completion in 1869 of the Transcontinental Railroad, made of wood from the same tree as the last tie and the same gold used to case the “Golden Spike,” sold in June 2012 for $113,525.

“May God continue the unity of our country, as this railroad unites the two great oceans of the world.” – One of four engravings on the Golden Spike

By Jim O’Neal

The date was May 10, 1869, at Promontory Summit in the Utah Territory and the occasion was a celebration for the completion of the First Transcontinental Railroad.

Ex-California Governor Leland Stanford (founder of Stanford University) drove in the Golden Spike using a special silver hammer. This “Last Spike” was hooked up to telegraph wires so that news of the completion could reach both coasts as the spike was “tapped” into a hole. Supposedly, Stanford whiffed on the first try, but telegraph operators sent clicks to both coasts – “DONE” – which touched off wild celebrations as the United States was finally connected.

For perspective, the first American common carrier railroad began as a mere 13 miles of track, and formally was known as the Baltimore and Ohio Railroad (the B&O Line). It was begun in 1828 by a group of Baltimore businessmen and opened in 1830.

At the time, rivers, turnpikes and canals were the primary avenues for both travel and transport. So this was a major transition into the future.

When the Civil War started 30 years later, railroads had become a major American industry with many different companies and 30,000 miles of track. However, plans for broader geographic expansion were plagued with a plethora of issues. Major questions included route selection, right-of-way disputes, subsidies, capital financing sources (public or private), and even the gauge (width) of rails.

Abraham Lincoln was a major supporter of a transcontinental railroad, despite the distraction of the Civil War and other presidential commitments. He even got into the minutia, and he and his Cabinet voted to make the gauge 5 feet in an effort to help (it was later revised by Congress to 4 feet, 8½ inches). Lincoln even decided the eastern terminus should be Omaha, Neb. (a clear conflict of interest, since he owned several properties in nearby Council Bluffs).

On the West Coast, four familiar names – Mark Hopkins, Leland Stanford, Charles Crocker and Collis Potter Huntington – formed the Central Pacific Railroad, which was to head east from Sacramento. They immediately ran into a major labor shortage since nearby mines were paying such high wages. In a creative but controversial decision, they brought in 12,000 Chinese laborers, primarily from Canton Province.

Next was the issue of how to get over the 7,000-foot Sierra Nevada mountain range (they simply blasted tunnel after tunnel despite cave-ins, nitro explosions and dead workers). This is a story unto itself!

But finally, the two great lines did come together (whew!).

The Golden Spike that Stanford pounded is housed in the Cantor Arts Center at Stanford University in Palo Alto (no surprise there).

But in a major surprise, a second Golden Spike was discovered in 2005 – exactly like the one from the ceremony. It had been cast at the same time, and held secretly by the family of San Francisco contractor David Hewes for all the intervening years!

It is now in the California State Railroad Museum in Sacramento.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Jefferson Davis was a Genuine War Hero When He Arrived in the Senate

Jefferson Davis’ arrival in Washington, D.C., as a U.S. Senator from Mississippi was like a coronation.

By Jim O’Neal

Thirteen-year-old Jefferson Davis was tired of school. He returned home from Wilkinson Academy, a few miles from the family cotton plantation, put his books on a table, and told his father he would not return. Samuel Davis shrugged and told his youngest son that he would now have to work with his hands rather than his brain. At dawn the next day, he gave young Jeff a large, thin cloth bag, took him to the cotton field and put him in a long line with the family slaves picking cotton.

Three days later, he was back at Wilkinson, happily reading and taking notes with his bandaged hands.

By 16, Jefferson had mastered Latin and Greek, was well read in history and literature, and eager to study law at the University of Virginia. Instead, he spent four years at West Point, graduated in the bottom third of his class and then entered the Army. He was 20 years old and fighting in both the Black Hawk War and the Mexican-American War.

Jefferson Davis’ arrival in Washington, D.C., as a U.S. Senator from Mississippi was like a coronation. A true war hero at age 36, he was recognized by everyone and warmly greeted by all he met. After all, Jeff Davis was the first genuine war hero in the Senate in its entire 58 years!

His rise to prominence occurred as one generation of leaders died or retired – Henry Clay, John C. Calhoun, John Quincy Adams, Daniel Webster – and a younger one was set to take over, led by Stephen Douglas (39), Andrew Johnson (39), Alexander Stephens (35), Salmon P. Chase (39) and William Seward (35).

Jeff Davis began to give important speeches in the Senate and everyone sensed he had a future in politics.

The Senate proved comfortable and prestigious, providing an intimate venue to discuss and debate the great issues of the time. Yet despite all the exciting opportunities facing the young nation, the hard fact was that slavery was a pernicious issue lurking in the shadows. It was like a cancer that seemed to grow more lethal after every “compromise” designed to resolve it.

An example was the fateful Compromise of 1850, intended to resolve the four-year controversy over the status of the new territories that accrued to the U.S. after the war with Mexico. California was admitted as a free state, and Texas had slaves, but had to surrender its claim to New Mexico. Utah and New Mexico were granted popular sovereignty (self-determination) and there was a more stringent Fugitive Slave Law (destined to be revoked by the Dred Scott reversal).

Jeff Davis felt so strongly that slavery was a 200-year tradition (to be decided by individual states) and detested the 1850 Compromise so much that he resigned his Senate seat to run for governor of Mississippi, confident this would enhance his national visibility, send a strong message to the North and bolster any wavering Southerners. The strategy failed when he lost the election, leaving him with no political office.

Davis bounced back into the Senate by one vote and new President Franklin Pierce (1852) selected him to be Secretary of War, a powerful position to resist the continuous threat from the North to impose their will on the South by any means necessary. The 1854 Kansas-Nebraska Act just roiled the opposing forces and thoughts of secession were like dry kindling waiting for the proverbial spark. First was President James Buchanan (1856), a Democrat who seemed helpless or resigned to the inevitability of war.

As abolition forces gained momentum and the South grew even more resolute that they would not concede a principle that states’ rights trumped Federal aggression, it was only a question of how or what set of events would tip the nation into a civil war. The answer was in plain sight.

In the critical election year of 1860, though still hopeful of a peaceful settlement on slavery, Davis told an audience that if Republicans won the White House, the Union would have to be dissolved. “I love and venerate the Union of these states,” he said, “but I love liberty and Mississippi more.” When asked if Mississippi should secede if another state did, he roared, “I answer yes!” And if the U.S. Army tried to suppress it? Davis answered even more vehemently. “I will meet force with force!”

Republican Abraham Lincoln was elected president in 1860.

The slavery issue was simply not resolvable by anything but force. Few foresaw how much force would be needed and the enormous carnage and loss of life involved. War always seems to be much more than anticipated. The 20th century would really amp it up and the 21st century has gotten off to a rocky start, as well.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Kennedy’s Court Appointments Kept World of Judiciary at Peace

This copy of PT 109, signed by John F. Kennedy, author Robert J. Donovan and surviving crew members, sold for $13,750 at a December 2016 Heritage auction. The book tells the story of one of the most important episodes in Kennedy’s life.

By Jim O’Neal

When war broke out in 1939, all the Rhodes Scholars in England were sent home and this included Byron “Whizzer” White. He went back to Yale and graduated from its law school with honors. Then, in 1942, he enlisted in the Navy, as so many others did. He was serving in the Solomon Islands as PT boat squadron skipper and intelligence officer when John F. Kennedy was a PT boat officer. It was White who personally wrote the official account of the battle events that were later portrayed in the book and movie PT 109.

Flash forward 20 years and there was a famous photo of a smiling Kennedy, now president of the United States, pointing at the front-page headline of the New York Herald Tribune – “WHIZZER WHITE TO SUPREME COURT – LAWYER, NAVAL OFFICER, FOOTBALL STAR.” It was JFK’s first appointment to the Supreme Court.

In August 1962, President Kennedy got a second bite at the same apple. Justice Felix Frankfurter, once styled as “the most important single figure in our whole judicial system,” bowed to the effects of a stroke and announced his retirement. The president acceded to his request and called a press conference to announce he had chosen Secretary of Labor Arthur Goldberg as the replacement.

This was not a great surprise, since the 54-year-old labor expert was well-qualified and eager to join the court. The only slight reluctance was his close personal relationship to the president and the loss of a highly valued cabinet position. However, both Chief Justice Earl Warren and Frankfurter himself supported the decision and it was made.

The nation’s reaction was universally favorable and the Senate Judiciary Committee was in total agreement. Goldberg was confirmed by the full Senate, with only Senator Strom Thurmond recording his opposition. Thus the new justice was able to take his seat on the court in time for the October 1962 term. The world of the judiciary was at peace, even after the tragic events in Dallas in November 1963 and the Warren Commission investigation that followed.

However, after a mere three years on the Supreme Court, President Lyndon B. Johnson decided that Justice Goldberg should resign from the court and become ambassador to the United Nations, succeeding Adlai Stevenson. It now seems clear that LBJ’s motive was the naive hope that someway Goldberg might be able to negotiate an end to the nightmare in Vietnam. Goldberg was strongly opposed to the move, but as he explained to a confidant, “Have you ever had your arm twisted by LBJ?”

Supposedly, there was also a clearly implied understanding of an ultimate return to the court, which obviously never materialized. Neither did an LBJ suggestion that Goldberg might be a candidate for the 1968 vice-president slot – another false hope that was mooted by LBJ’s decision not to seek reelection.

Lost in all of this was the fact that Goldberg’s intended replacement on the court, Abe Fortas, had repeatedly declined LBJ’s offers to be a Supreme Court justice. In fact, poor Abe Fortas never said yes. The president simply invited him to the Oval Office and informed him that he was about to go to the East Wing “to announce his nomination to the Supreme Court” and that he could stay in the office or accompany him.

Fortas decided to accompany the president, but to the assembled reporters he appeared only slightly less disenchanted than the grim-faced Goldberg, with his tearful wife and son by his side. Goldberg had reluctantly agreed to become ambassador to the United Nations and commented to the assembled group, “I shall not, Mr. President, conceal the pain with which I leave the court.”

It was a veritable funereal ceremony – except for a broadly smiling LBJ, who had once again worked his will on others, irrespective of their feelings. The man certainly did know how to twist arms – and I suspect necks and other body parts – until he achieved his objectives.

He was sooo good at domestic politics, it seems sad he had to also deal with foreign affairs, where a different skill set was needed.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

General Longstreet at Center of One of Civil War’s Greatest Controversies

A signed carte de visite of Confederate General James Longstreet sold for $3,250 at a June 2015 Heritage auction.

“Bring me Longstreet’s head on a platter and the war will be over.” – President Abraham Lincoln

By Jim O’Neal

Confederate General James Longstreet (1821-1904) was born in South Carolina and his mother sent him to live with an uncle who decided his should have a military career. He received an appointment to West Point, where he underperformed academically. However, he made many lifelong friends, including future President Ulysses Grant.

Commissioned into the infantry, he served until the outbreak of the Mexican-American War. From 1847 to 1849, he served under generals Zachary Taylor and Winfield Scott, was wounded at the Battle of Chapultepec, and finally resigned from the U.S. Army in June 1861. It was nearly a month after Fort Sumter.

Like many of his southern colleagues, he joined the Confederacy and ended up in the Army of Northern Virginia after Robert E. Lee declined Lincoln’s offer to head up the entire Union Army. Almost inexorably, this led to the most famous battle of the Civil War. On July 1, 1863, Longstreet rode onto the battlefield of Gettysburg as infantry units were cleaning up after a decisive day-one victory. He was 42 years old.

After surveying the Federals rallying on Seminary Ridge, he lowered his field glasses, turned to General Lee and spoke – launching one of the greatest controversies of the entire Civil War. “General Lee, we could not call the enemy to position better suited to our plans… all we have to do is to flank his left…” The words either surprised or angered Lee, who pointed a fist toward the ridge beyond town: “If the enemy is there tomorrow, I will attack him!”

Despite the open disagreement, Longstreet reluctantly supervised the disastrous infantry assault known as Picket’s Charge (the high-water mark of the Confederacy) as ordered. The date was July 1863, and despite being preceded by a massive artillery bombardment, its futility was an avoidable mistake: 12,500 Confederate soldiers in nine infantry units advanced over three-quarters of a mile – charging into a withering hail of Union pure death. The staggering 50 percent casualty rate resulted in a defeat that the South never recovered from – either militarily or psychologically.

Noted historians are still debating who to blame: Lee, for overriding the advice of his most-trusted second-in-command, or Longstreet for being too slow to carry out a direct order.

Personally, I side with General George Pickett, one of three Confederate generals who led the assault under Longstreet and who was bitterly unequivocal: “That old man [Lee] destroyed my division.” His regular daily report is missing and is believed to have been intentionally destroyed, perhaps by Longstreet personally. It was now just a matter of time until the South’s war machine gradually came to a stop. The war would continue until April 1865, but the end was never again in doubt.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

We Have Lost Something Sacred in Today’s Judicial Nomination Process

John Jay (1745-1829) was the first Chief Justice of the United States.

By Jim O’Neal

The Supreme Court was created in 1789 by Article III of the U.S. Constitution, which stipulates “the judicial power of the United States shall be vested in one Supreme Court.” Congress organized it with the Judiciary Act of 1789.

John Jay of New York, one of the Founding Fathers, was the first Chief Justice of the United States (1789–95). Earlier, he was president of the Continental Congress (1778-79) and worked to ratify the U.S. Constitution by writing five of the Federalist Papers. Alexander Hamilton and James Madison wrote the other 85-plus essays, which were published in two volumes called “The Federalist” (“The Federalist Papers” title emerged in the 20th century).

Nearly 175 years later, in 1962, President John F. Kennedy nominated Byron Raymond “Whizzer” White to replace Associate Justice Charles Whittaker, who became chief legal counsel to General Motors (presumably with a nice salary increase). Whittaker had been the first person to serve as judge at all three levels: Federal District Court, Federal Court of Appeals, and the U.S. Supreme Court (a distinction matched by Associate Justice Sonia Sotomayor).

White was the 1960 Colorado state chair for JFK’s 1960 presidential campaign and had met both the future president and his father Joe while attending Oxford University on a Rhodes Scholarship in London when Joe Kennedy was ambassador to the Court of St James. This was after White had graduated from Colorado University Phi Beta Kappa, where he was also a terrific athlete, playing basketball, baseball and finishing runner-up for the Heisman Trophy. He is unquestionably the finest athlete to serve on the Supreme Court.

He continued mixing scholarship and athletics at Yale Law School, where he graduated No. 1 in his class magna cum laude and played three years in the National Football League for the Pittsburg Pirates (now the Steelers). He was elected to the College Football Hall of Fame in 1954.

Judge White was in the minority on the now-famous Roe v. Wade landmark decision on Jan. 22, 1973. Coincidentally, there was a companion case that has been virtually forgotten called Doe v. Bolton (Mary Doe v. Arthur K. Bolton, Attorney General of Georgia, et al.) that was decided on exactly the same day and on the identical issue (overturning the abortion law of Georgia). White was in the minority here, too.

White’s nomination was confirmed by a simple voice vote (i.e. by acclamation). He was the first person from Colorado to serve on the Supreme Court and it appears that one of his law clerks … Judge Neil Gorsuch, also from Colorado … most likely will become the second, although it is unlikely he will receive many Democratic votes, much less a voice vote.

Times have certainly changed in judicial politics and, unfortunately, for the worse … sadly. Advise and Consent has morphed into a “just say no” attitude and we have lost something sacred in the process.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].