Webster understood the power of words, common language

Webster used American spellings like “color” instead of the English “colour” and added American words that weren’t in English dictionaries like “skunk” and “squash.”

By Jim O’Neal

In 1802, a French mining engineer proposed a two-level tunnel under the English Channel to connect France and Great Britain. During the Paris Peace Conference in 1919, following the end of World War I, British Prime Minister David Lloyd George revived the idea as a means of assuring France that Great Britain was ready to help if Germany ever launched another invasion. Great Britain is the largest of the British Isles and the 9th-largest island in the world.

Although a tunnel was not available to help France when Germany invaded again in World War II, construction of the Channel Tunnel – with high-speed Eurostar train service – was finally completed in 1993. Queen Elizabeth was a passenger on the inaugural trip from London to Paris after a one-day delay due to a small, embarrassing mechanical problem. We were living in London at the time and Nancy and I were able to get reservations on the second day. We got an impressive special commemorative stamp in our U.S. passports to celebrate the occasion.

The English have a long history of special stamps, and printing and copyright laws dating to the Statute of (Queen) Anne in 1710. This act of Parliament was the first to provide copyright regulation by the government, rather than by private parties. Prior to this action, the Licensing of the Press Act of 1662 required printing presses to be approved by the e Stationers’ Company, a Royal Charter group that had a literal monopoly on the entire publishing industry.

They also had a Dr. Samuel Johnson, who published A Dictionary of the English Language in 1755. This two-volume set, and Dr. Johnson, dominated English lexicography for more than a century.

Copyright law in America dates to the Colonial period, however, the Statute of Anne did not apply for reasons that have been lost to antiquity. Instead, federal law in America was established in the late 18th century by the Copyright Act of 1790. We also did not have our own dictionary and even the spelling of words (as with their meanings) was generally left to the writer’s choice or presumed intent. Documents of that period are complicated to read and subject to varying interpretations.

Enter Noah Webster (1755-1843), who did much more than publish a dictionary. A Yale graduate with a law degree that he never quite turned into a job, he was a co-founder of Amherst College, started America’s first daily newspaper and worked for Alexander Hamilton on the Federalist Papers. With his legal training and publishing experience, he witnessed the flaws in our system and was continually lobbying Congress to pass copyright laws specifically applicable to America.

Webster was also adamant that we needed our own dictionary, not Dr. Johnson’s, which he attacked and scorned, perhaps extreme in his criticism. “Not a single page of Johnson’s dictionary is correct!” In his mind, we needed a dictionary that was clearly American, containing words unique to the young nation’s growing vernacular. Clearly, Webster also had his own agenda to advance. In the case of “equal,” he believed the Declaration of Independence was wrong in stating that “all men are created equal.”

Webster believed in equality of opportunity, but not equality of conditions. He also disagreed with “free” – that all men were free to act according to their will. That meaning threatened government, giving people the sense they were above authority. The tension with the meaning of “free” continues, and neither Webster’s dictionary nor any other can remove it.

But there is little doubt that a comprehensive American dictionary was a critical issue that had to be resolved as our society continued to grow and expand beyond the reach of English dogma.

Noah Webster thought an American dictionary would take him three to five years to complete and he bravely stated, “I ask no favors, the undertaking is Herculean, but it is of far less consequence to me than to my country…”

To prepare himself, he restudied his college Greek, Latin and Hebrew, perfected his French and German, then studied Danish, Anglo-Saxon, Welsh, Old Irish, Persian and seven Asiatic and Assyrian-based languages. His American Dictionary of the English Language had two volumes, 800 pages each, and sold for $20 in 1828, the year it was published. It had taken him nearly 20 years to complete.

Along the way to a common language, with common pronunciation, he included spelling books and improved teaching methods for Americans of all ages. Webster’s lasting place in the nation’s history derives from his conviction in the power of language and the necessity of fully understanding the language to exercise its power.

That conviction produced the final volume of independence from England.

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].

Peaceful transfer of presidential power is one of our strengths

Seven Days in May, starring Burt Lancaster and Kirk Douglas, is a 1964 movie about a military/political cabal’s planned takeover of the U.S. government.

By Jim O’Neal

It seems clear that one of the bedrock fundamentals that contributes to the stability of the U.S. government is the American presidency. Even considering the terrible consequences of the Civil War – 11 states seceding, 620,000 lives lost and widespread destruction – it’s important to remember that the federal government held together surprisingly well. The continuity of unbroken governance is a tribute to a success that is the envy of the world.

Naturally, the Constitution, our system of justice and the rule of law – along with all the other freedoms we cherish – are all critical contributors. But it’s been our leadership at the top that’s made it all possible. In fact, one could argue that having George Washington as the first president for a full eight years is equal in importance to all other factors. His unquestioned integrity and broad admiration, in addition to precedent-setting actions, got us safely on the road to success despite many of the governed being loyal to the British Crown.

Since that first election in 1789, 44 different men have held the office of president (Grover Cleveland for two separate terms), and six of them are alive today. I agree with Henry Adams, who argued, “A president should resemble a captain of a ship at sea. He must have a helm to grasp, a course to steer, a port to seek. Without headway, the ship would arrive nowhere and perpetual calm is as detrimental to purpose as a perpetual hurricane.” The president is the one who must steer the ship, as a CEO leads an organization, be it small or large.

In the 229 intervening years, there have been brief periods of uncertainty, primarily due to vague Constitutional language. The first occurred in 1800, when two Federalists each received 73 electoral votes. It was assumed that Thomas Jefferson would be president and Aaron Burr would be vice president. The wily Burr spotted an opportunity and refused to concede, forcing the decision into the House. Jefferson and Burr remained tied for 35 ballots until Alexander Hamilton (convinced that Jefferson was the lesser of two evils) swayed a few votes to Jefferson, who won on the 36th ballot. This technical glitch was modified by the 12th Amendment in 1804 by requiring an elector to pick both a president and a vice president to avoid any uncertainty.

A second blip occurred after William Henry Harrison and John Tyler defeated incumbent Martin Van Buren. At age 68, Harrison was the oldest to be sworn in as president, a record he held until Ronald Reagan’s inauguration in 1981 at age 69. Harrison died 31 days after his inauguration (also a record), the first time a president had died in office. A controversy arose over the successor. The Presidential Succession Act of 1792 specifically provided for a special election in the event of a double vacancy, but the Constitution was not specific regarding just the presidency.

Vice President Tyler, at age 51, would be the youngest man to assume leadership. He was well educated, intelligent and experienced in governance. However, the Cabinet met and concluded he should bear the title of “Vice President, Acting as President” and addressed him as Mr. Vice President. Ignoring the Cabinet, Tyler was confident that the powers and duties fell to him automatically and immediately as soon as Harrison had died. He moved quickly to make this known, but doubts persisted and many arguments followed until the Senate voted 38 to 8 to recognize Tyler as the president of the United States. (It was not until 1967 that the 25th Amendment formally stipulated that the vice president becomes president, as opposed to acting president, when a president dies, resigns or is removed from office.)

In July 1933, an extraordinary meeting was held by a group of disgruntled financiers and Gen. Smedley Butler, a recently retired, two-time Medal of Honor winner. According to official Congressional testimony, Smedley claimed the group proposed to overthrow President Franklin Roosevelt because of the implications of his socialistic New Deal agenda that would create enormous federal deficits if allowed to proceed.

Smiley Darlington Butler was a U.S. Marine Corps major general – the highest rank authorized and the most decorated Marine in U.S. history. Butler (1881-1940) testified in a closed session that his role in the conspiracy was to issue an ultimatum to the president: FDR was to immediately announce he was incapacitated due to his crippling polio and needed to resign. If the president refused, Butler would march on the White House with 500,000 war veterans and force him out of power. Butler claimed he refused the offer despite being offered $3 million and the backing of J.P. Morgan’s bank and other important financial institutions.

A special committee of the House of Representatives (a forerunner to the Committee on Un-American Activities) headed by John McCormack of Massachusetts heard all the testimony in secret, but no additional investigations or prosecutions were launched. The New York Times thought it was all a hoax, despite supporting evidence. Later, President Kennedy privately mused that he thought a coup d’état might succeed if a future president thwarted the generals too many times, as he had done during the Bay of Pigs crisis. He cited a military plot like the one in the 1962 book Seven Days in May, which was turned into a 1964 movie starring Burt Lancaster and Kirk Douglas.

In reality, the peaceful transfer of power from one president to the next is one of the most resilient features of the American Constitution and we owe a deep debt of gratitude to the framers and the leaders who have served us so well.

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].

Here’s Why We Owe a Lot to Second President John Adams

An 1805 oil-on-canvas portrait of John Adams attributed to William Dunlap sold for $35,000 at a May 2017 Heritage auction.

By Jim O’Neal

John Adams had the misfortune of being squeezed into the presidency of the United States (for a single term) between George Washington and Thomas Jefferson, two of the most famous presidents of all time. As a result, Adams (1735-1826) was often overlooked as one of America’s greatest statesmen and perhaps the most learned and penetrating thinker of his time. The importance of his role in the founding of America was noted by Richard Stockton, a delegate to the Continental Congress: “The man to whom the country is most indebted for the great measure of independence. … I call him the Atlas of American Independence.”

On the way to that independence, his participation started as early as 1761 when he assisted James Otis in defending Boston merchants against Britain’s enforcement of the Sugar Tax. When the American Revolution ended, Adams played a key role in the peace treaty that formally ended the war in 1783. In between those two bookends, he wrote many of the most significant essays and treatises, led the radical movement in Boston, and articulated the principles at the Continental Congress.

Following the infamous Stamp Act in 1765, he attacked it with a vengeance and wrote A Dissertation on the Canon and Feudal Law, asserting it deprived the colonists of two basic rights: taxation by consent and a jury trial by peers – both guaranteed to all Englishmen by the Magna Carta. Within a brief 10 years, he was acknowledged as one of America’s best constitutional scholars. When Parliament passed the Coercive Acts in 1774, Adams drafted the principal clause of the Declaration of Rights and Grievances; no man worked harder in the movement for independence and the effort to constitutionalize the powers of self-government.

After the Battles of Lexington and Concord, Adams argued for the colonies to declare independence and in 1776, Congress passed a resolution recommending the colonies draft new constitutions and form new governments. Adams wrote a draft blueprint, Thoughts on Government, and four states used it to shape new constitutions. In summer 1776, Congress considered arguments for a formal independence and John Adams made a four-hour speech that forcefully persuaded the assembly to vote in favor. Thomas Jefferson later recalled that “it moved us from our seats … He was our colossus on the floor.”

Three years later, Adams drafted the Massachusetts Constitution, which was copied by other states and guided the framers of the Federal Constitution of 1787.

He faithfully served two full terms as vice president for George Washington at a time when the office had only two primary duties: preside over the Senate and break any tie votes, and count the ballots for presidential elections. Many routinely considered the office to be part of Congress as opposed to the executive branch. He served one term as president and then lost the 1800 election to his vice president, Thomas Jefferson, as the party system (and Alexander Hamilton) conspired against his re-election. Bitter and disgruntled, he left Washington, D.C., before Jefferson was inaugurated and returned to his home in Massachusetts. His wife Abigail had departed earlier as their son Charles died in November from the effects of chronic alcoholism.

Their eldest son, John Quincy Adams, served as the sixth president (for a single term) after a contentious election, and they both gradually sunk into relative obscurity. This changed dramatically in 2001 when historian David McCullough published a wonderful biography that reintroduced John and Abigail Adams to a generation that vaguely knew he had died on the same day as Thomas Jefferson, July 4, 1826 – the 50th anniversary of the signing of the Declaration of Independence. In typical McCullough fashion, it was a bestseller and led to an epic TV mini-series that snagged four Golden Globes and a record 13 Emmys in 2008.

Television at its very best!

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].

National Debt on Automatic Pilot to More Growth

A letter by President George W. Bush, signed and dated July 4, 2001, sold for $16,730 at an April 2007 Heritage auction.

By Jim O’Neal

In May 2001 – just 126 days after President George W. Bush took office – Congress passed his massive tax proposal. The Bush tax cuts had been reduced to $1.3 trillion from the $1.65 trillion submitted, but it was still a significant achievement from any historical perspective. It had taken Ronald Reagan two months longer to win approval of his tax cut and that was 20 years earlier.

George W. Bush

Bush was characteristically enthusiastic about this, but it had come with a serious loss in political capital. Senator James Jeffords, a moderate from Vermont, announced his withdrawal from the Republican Party, tipping control of the Senate to the Democrats, the first time in history that had occurred as the result of a senator switching parties. In this instance, it was from Republican to Independent, but the practical effect was the same. Several months later (after the terrorist attacks on the World Trade Center and the Pentagon), there was a loud chorus of calls to reverse the tax cuts to pay for higher anticipated spending.

Bush had a counter-proposal: Cut taxes even more!

Fiscal conservatives were worried that there would be the normal increase in the size and power of the federal government, lamenting that this was a constant instinctive companion of hot wars. James Madison’s warning that “A crisis is the rallying cry of the tyrant” was cited against centralization that would foster liberal ideas about the role of government and even more dependency on the federal system.

Ex-President Bill Clinton chimed in to say that he regretted not using the budget surplus (really only a forecast) to pay off the Social Security trust fund deficit. Neither he nor his former vice president had dispelled the myth about a “lock box” or explained the federal building in Virginia that had been built exclusively to hold government IOUs to Social Security. In reality, they were simply worthless pieces of scrip, stored in unlocked filing cabinets. The only changes that had ever occurred with Social Security funds were whether they were included in a “unified budget” or not. They had never been kept separate from other revenues the federal government received.

But this was Washington, D.C., where, short of a revolution or civil war, change comes in small increments. Past differences, like family arguments, linger in the air like the dust that descends from the attic. All of the huge surpluses totally disappeared with the simple change in the forecast and have never been discussed since.

Back at the Treasury Department of 15th Street, a statue to Alexander Hamilton commemorates the nation’s first Treasury Secretary, a fitting honor to the man who created our fiscal foundation. But on the other side stands Albert Gallatin, President Thomas Jefferson’s Treasury Secretary, who struggled to pay off Hamilton’s debts and shrink the bloated bureaucracy he built.

Hamilton also fared better than his onetime friend and foe, James Madison. The “Father of the Constitution” had no statue, no monument, no lasting tribute until 1981, when the new wing of the Library of Congress was named for him. This was a drought that was only matched by John Adams, the Revolutionary War hero and ardent nationalist. It was only after a laudatory biography by David McCulloch in 2001 that Congress commissioned a memorial to the nation’s second president.

Since the Bush tax cut and the new forecast, the national debt has ballooned to $20 trillion as 9/11, wars in Iraq and Afghanistan, and the 2008 financial meltdown produced a steady stream of budget deficits in both the Bush and Barack Obama administrations. The Donald Trump administration is poised to approve tax reform, amid arguments on the stimulative effect on the economy and who will benefit. In typical Washington fashion, there is no discussion over the fact that the national debt is inexorably on automatic pilot to $25 trillion, irrespective of tax reform. But this is Washington, where your money (and all they can borrow) is spent almost with no effort.

“Just charge it.”

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].

Robert Morris Deserves His Place on This $1,000 Bill

The rare 1863 $1000 legal tender note featuring Robert Morris could be the most attractive bill ever printed.

By Jim O’Neal

Imagine a situation where you write a terrific biography that is nominated for prestigious awards and stays on The New York Times best-seller list for three months. Not bad. But then, imagine the elation when 10 years later, it is turned into a Tony Award-winning musical and you are part of the team that created it. That actually happened to author Ron Chernow with his book about Alexander Hamilton.

Even more remarkable is that Hamilton is still the hottest ticket in town three years later, and playwright Lin-Manuel Miranda has racked up a Pulitzer Prize, three Tony Awards, two Grammys, an Emmy, and will be honored on the Hollywood Walk of Fame in 2018. The only thing left would be a film and, not surprisingly, Hamilton the movie is already in development.

Many people now know that Alexander Hamilton was the first Secretary of Treasury for the United States. However, he was not the first choice of George Washington when the president was forming his Cabinet. That distinction goes to another of the true Founding Fathers: Robert Morris Jr. (1734-1806), whose name has gradually faded from view. That was certainly not the case in 1775 when he was believed to be the richest man in America.

President Washington offered him the position primarily since he had been the First Superintendent of Finance for the United States (1781-84), but Morris recommended Hamilton since they shared similar views, including the idea of creating a national bank. Besides, next to George Washington, Morris was already considered the most powerful man in America.

After migrating to America from England as a teenager, he became a partner (at age 24) of Thomas Willing when they formed a banking-shipping firm, Willing, Morris & Co. This dual charter allowed them to self-finance their trading activities, which included slaves. However, disputes over tariffs and taxes like the Stamp Act inevitably drew Morris into politics and eventually the war for independence from England. Robert Morris and Roger Sherman of Connecticut are the only two people to sign the Declaration of Independence, the Articles of Confederation and the United States Constitution.

Robert Morris is also credited with being one of the founders of the financial system for the United States, along with Hamilton and Albert Gallatin, who was Treasury Secretary for Jefferson and Madison from 1801 to 1814, the longest tenure in this office in history. Morris used his great wealth and financial acumen to support Continental troops under Washington when the country was broke. The dome in the U.S. Capitol Building has a fresco painting (The Apotheosis of Washington) that includes a scene with Mercury, the Roman god of commerce, handing Morris a bag of gold to commemorate his service as “the Financier of the American Revolution.”

Twenty years ago, I had the pleasure of viewing Robert Morris on a $1,000 bill when Frank Levitan sold his wonderful collection of United States paper currency. It’s my personal choice for the most attractive bill ever printed and is ultra-rare (only two are known to exist). Lot #104 sold for $451,000 – a staggering amount at the time, but a fraction of the price it would bring today.

Thank you, Mr. Morris. I won’t forget.

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].

Harvard-Educated Adams Cracked Down on Non-Citizens, Free Speech

An 1805-dated oil on canvas portrait of John Adams, attributed to William Dunlap, sold for $35,000 at a May 2017 Heritage auction.

By Jim O’Neal

When Barack Obama was sworn in on Jan. 20, 2009, he became the eighth president to have graduated from Harvard, which has educated more U.S. presidents than any other university. Yale is second with five, with George W. Bush counting for both Yale and Harvard (where he earned an MBA).

The first of the “Harvard Presidents” goes all the way back to 1796, when John Adams narrowly defeated Thomas Jefferson 71 to 68 in the electoral vote count. It was the only election in history in which a president and a vice president were elected from opposing parties.

However, Jefferson bounced back four years later in a bitter campaign characterized by malicious personal attacks. Alexander Hamilton played a pivotal role in sabotaging President Adams’ attempt to win a second term by publishing a pamphlet that charged Adams was “emotionally unstable, given to impulsive decisions, unable to co-exist with his closest advisers, and was generally unfit to be president.”

When all the votes were counted in 1800, Adams actually ended up third behind both Jefferson and Aaron Burr (who eventually became vice president). John and Abigail Adams took the loss very emotionally and it alienated their relationship with Jefferson for 20-plus years. Adams departed the White House before dawn on Inauguration Day, skipped the entire inauguration ceremony and headed home to Massachusetts. The two men ultimately reconciled near the end of their lives (both died on July 4, 1826).

Adams had been an experienced executive-office politician after serving eight years as vice president for George Washington. However, his four years as president were controversial. It started when the Federalist-dominated Congress passed four bills, collectively called the Alien and Sedition Acts, which President Adams signed into law in 1798. The Naturalization Act made it harder for immigrants to become citizens, and the Alien Friends Act allowed the president to imprison and deport non-citizens deemed dangerous or from a hostile nation (Alien Enemy Act). And finally, the Sedition Act made it a crime to make false statements that were critical of the federal government.

Collectively, these bills invested President Adams with sweeping authority to deport resident non-citizens he considered dangerous; they criminalized free speech, forbidding anyone to “write, print, utter or publish … any false, scandalous and malicious writing or writing against the government of the United States … or either House of Congress of the United States … with intent to defame … or bring them into contempt or dispute … or to excite against them or either of them … the hatred of the good people of the United States.”

Editors were arrested and tried for publishing pieces the Adams administration deemed seditious. Editors were not the only targets. Matthew Lyon, a Vermont Congressman, was charged with sedition for a letter he wrote to the Vermont Journal denouncing Adams’ power grab. After he was indicted, tried and convicted, Lyon was sentenced to four months in prison and fined $1,000.

For Vice President Jefferson, the Alien and Sedition Acts were a cause of despair and wonderment. “What person, who remembers the times we have seen, could believe that within such a short time, not only the spirit of liberty, but the common principles of passive obedience would be trampled on and violated.” He suspected that Adams was conspiring to establish monarchy again.

It would not be the last time Americans would sacrifice civil liberties for the sake of national security. More on this later.

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].

U.S. Politics Has Rarely Seen a Character Like Aaron Burr

The signatures of Aaron Burr (above) and Alexander Hamilton sold for $2,500 at an April 2015 Heritage auction.

By Jim O’Neal

During the 1787 U.S. Constitutional Convention, there was a heated debate between delegates from southern and northern states over how to count slaves when determining a state’s population for both legislative representation and taxes. Finally, the “Three-Fifths Compromise” was reached, giving southern states one-third more seats in Congress and one-third more electoral votes than if slaves had been excluded.

In the presidential election of 1800, Vice President Thomas Jefferson and Aaron Burr were able to defeat incumbent President John Adams and Charles C. Pinckney due to this single factor. However, under Electoral College rules of the day, it took 36 votes in the House of Representatives to make Jefferson president and Burr vice president. This caused a major rift between the two men. Then the relationship really turned bitter after Burr killed Alexander Hamilton in a duel on July 11, 1804.

Burr was charged with murder in New York and New Jersey, but neither reached trial after courts overturned the grand jury indictment. Burr fled to Georgia, but returned to Washington, D.C., to complete his term as vice president and presided over the impeachment trial of Supreme Court Justice Samuel Chase. The Senate refused to convict Chase and he remains the only Justice of the Supreme Court to be impeached.

This was followed by a bizarre series of events involving Burr that included a suspected conspiracy to recruit a group of volunteers for a military expedition down the Mississippi River, provoke a war with Spain, hoping to split off some western states, and create a new inland empire. The expedition collapsed almost immediately and a co-conspirator of Burr betrayed him by sending alarming messages to President Jefferson. Convinced of Burr’s guilt, Jefferson ordered his arrest and he was taken into custody and treason charges were filed. Burr escaped, but was recaptured and taken to Virginia for trial.

In Richmond, they learned the electrifying news that Burr, former VP of the U.S., had been accused of treason and his trial would be held in their courthouse. The trial of such a prominent person attracted legal officials from a broad area. Chief Justice John Marshall was picked to preside over the trial and Burr’s defense lawyers included Edmund Randolph (U.S. Attorney General under George Washington) and Charles Lee, Attorney General for John Adams. The chief prosecutor was James Monroe’s son-in-law, George Hay.

Notable witnesses included Andrew Jackson, a friend of Burr who thought Jefferson was maligning him and started picking fights with Jefferson’s friends – even challenging star witness General James Wilkerson to a duel. Wilkerson was the co-conspirator who provided the incriminating evidence to Jefferson.

The trial started on May 22, 1807, but despite all the intriguing circumstances, there was a lack of evidence as explicated by Judge Marshall and the jury declared the accused not guilty in September. Most observers conceded that the outcome was inevitable. However, Burr’s political career was finally ended and he left America on a self-imposed exile in Europe (presumably to escape his creditors!).

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].

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].

Jefferson Stretched Constitution to its Limit

thomas-jefferson
Thomas Jefferson proved to the world the strength of the American republic and its democratic system.

By Jim O’Neal

Thomas Jefferson was 57 years old when he was sworn in as president on March 4, 1801, in a simple ceremony in Washington, D.C. He was the first president to take office in the new capital, then a city of 6,000, but without representation in Congress. In 1961, the 23rd Amendment to the Constitution granted the district one non-voting, at-large delegate to the House of Representatives and three electoral votes in presidential elections, but no representation in the U.S. Senate. In 1973, they were granted limited self-government, which includes a mayor and a city council with 13 elected members.

Since the passage of the amendment, the district’s three electoral votes have been cast for the Democratic Party’s presidential and vice presidential candidates in every election. They are bound by law to never have more electoral votes than a state (in this case Wyoming, which has three).

Denounced as a radical and atheist by his political opponents, Jefferson became the first leader of an opposition political party to wrest control of the national government from the party in power. Despite grim prophecies by the outgoing Federalists that the Constitution would be overthrown, he proved to the world the strength of the American republic and its democratic system. Jefferson believed the United States should remain an agrarian country of small farms and a national government that offered little interference in the lives of its citizens. He warned of the evils of large cities – with disease, poverty and centralized power that fostered corruption.

However, as president, in his own words, he “stretched the Constitution till it cracked” by using presidential powers to double the size of the country, presumably to give people room to spread out and avoid dense urbanization (the Louisiana Purchase), and discharge major political appointees of his predecessor. Chief Justice John Marshall restrained him from applying the same principle to federal judges.

After suffering through the embarrassment of the Aaron Burr-Alexander Hamilton affair, he chose the elderly George Clinton for vice president in his second term, with the obvious intent to ensure a VP that was too old to succeed him. He then orchestrated the election of his old Virginia friend and Secretary of State James Madison to become the fourth president.

Refusing all pleas for a third term, he more than welcomed his pending retirement, writing “Never did a prisoner released from his chains feel such relief I shall in shaking off the shackles of power … I thank God for the opportunity of retiring from them without censure and carrying with me the most consoling proofs of public approbation.”

For his epitaph, he asked for “not a word more” about his time as vice president or president. After 17 years in retirement, his wish was granted and his cherished University of Virginia (which he founded) and the Declaration of Independence seem fitting memorials for this remarkably versatile man to which we all owe an eternal debt of gratitude.

Jim O'NielIntelligent 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].