March 2012 archive

Health and Fitness News

Welcome to the Stars Hollow Health and Fitness weekly diary. It will publish on Saturday afternoon and be open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Kohlrabi: A Dinner Ally in Disguise

Photobucket Pictures, Images and Photos

It’s a member of the brassica family, those nutrient-dense cabbages (as well as kales, brussels sprouts, broccoli and cauliflower) whose phytochemicals are highly regarded for their antioxidant properties. Kohlrabi is an excellent source of potassium and a good source of vitamin C and fiber, and it’s low in calories. The purple variety that some farmers grow also contains anthocyanins, another phytonutrient with antioxidant potential.

If you can get kohlrabi with the greens attached, cook them as you would turnip greens or kale. The greens are never quite as copious as the greens on a bunch of turnips, but they make a nice addition to most kohlrabi dishes. It’s important when you cook with kohlrabi to peel it thoroughly. Beneath the thick, hard skin is another fibrous layer, which should also be peeled away. The fibers will not soften when cooked, and they can get stuck in your throat. So peel once, then peel again until you reach the light layer of crisp flesh.

Kohlrabi Home Fries

With the help of a little oil and some bold seasonings, these kohlrabi sticks deliver big flavor.

Kohlrabi and Celery Root Purée

This combination is lighter and more interesting than traditional buttery mashed potatoes, but it’s just as satisfying.

Greek-Style Kohlrabi Pie or Gratin With Dill and Feta

Using grated kohlrabi rather than spinach gives these two classic preparations a twist.

Vegetarian Spring Rolls With Shredded Kohlrabi

Prepared rice flour wrappers are a convenient vehicle for marinated tofu and crisp vegetables and herbs.

Kohlrabi Risotto

Risotto is a welcoming home for just about any vegetable, and this combination is a comforting one.

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times Editorial: A Breach of Trust

The hard-fought deal that settled last year’s debt-ceiling fight made painfully deep cuts in spending, but it promised one thing: a year’s peace from the destructive Congressional battles that led to threats of government shutdowns and defaults. By signing the pact, Republican and Democratic leaders set spending levels for 2013, putting off further budget wars until after the election.

But now a coalition of extreme conservatives in the House wants to break the budget agreement and cut spending below the agreed level, and the House Budget Committee seems willing to go along.

Reneging on the agreement would not only endanger vital programs like Head Start, but it would erase the thin residue of trust left in Congress. It would clearly demonstrate that the current House cannot be trusted to live up to its own pledges.

Paul Krugman: In the US, Futile Hopes for Another Presidential ContenderIn the US, Futile Hopes for Another Presidential Contender

I haven’t written much lately about the spate of articles either calling for, or at least wistfully speculating about, a “centrist” third-party presidential candidacy in the United States. It’s nonsense, of course, on multiple levels.

For one thing, if you look at what pundits calling for such a candidacy want, it’s all already in President Obama’s proposals. For another, it’s not going to happen. For a third, the favorite imaginary candidate, Michael Bloomberg, the mayor of New York, turns out to be totally ignorant about the economic crisis.

“It was not the banks that created the mortgage crisis,” Mr. Bloomberg said at a panel discussion last November. “It was, plain and simple, Congress, who forced everybody to go and give mortgages to people who were on the cusp.”

Eugen Robinson:

Unless Ron Paul somehow wins the nomination, it looks as if a vote for the Republican presidential candidate this fall will be a vote for war with Iran.

No other conclusion can be drawn from parsing the candidates’ public remarks. Paul, of course, is basically an isolationist who believes it is none of our business if Iran wants to build nuclear weapons. He questions even the use of sanctions, such as those now in force. But Paul has about as much chance of winning the GOP nomination as I do.

Mitt Romney, Rick Santorum and Newt Gingrich have all sought to portray President Obama as weak on national security-a traditional Republican line of attack. Specifically, they have tried to accuse Obama of being insufficiently committed to Israel’s defense. In the process, they’ve made bellicose pledges about Iran that almost surely would lead straight to conflict.

Katrina vanden Heuvel: Ilya Sheyman’s Progressive Run

The fight to win back the House-just like the fights to hold the White House and Senate-will not be easy. In order to not only win but to move any kind of agenda that addresses tax equity, environmental policy, immigration reform, housing, you name it, simply reinforcing the current Democratic narrative while being pulled further to the right by the Blue Dogs just isn’t enough. We need a more democratic-note small “d”-House.

We need to elect progressives.

Former Senator Russ Feingold recognizes that need and was moved to make his first endorsement in a Democratic primary since leaving the Senate. On Tuesday, Feingold pledged his support and that of Progressives United-his recently formed group focused on opposing corporate power-to Ilya Sheyman, a 25-year-old community organizer running in Illinois 10th District for a shot at the incumbent, Republican Representative Robert Dold.

George Zornick: February Jobs Report: Beware Austerity

The jobs numbers released this morning contain good news almost across the board: nonfarm payroll employment rose by 227,000 jobs, above the 210,000 predicted by economists. Recent jobs numbers were also revised upwards: the Bureau of Labor Statistics says 284,000 jobs were added in January, not the initial estimate of 244,000. December actually saw 223,000 jobs added, not 203,000. This makes the three best months of hiring since the recession began. [..]

One needs only to look towards Europe to see how steep austerity measures can hamper economic recovery-and progressives are already keying up to prevent that from happening here. “The US economy is finally producing jobs again, but our weak recovery-which has been aided by good public policy-could easily be choked off by stupid budget policies which would condemn a new generation of Americans to joblessness and a bleak future,” said Roger Hickey, co-director of the Campaign for America’s Future. “Americans should be wary of politicians telling us that the economy is recovering enough to turn immediately to cutting public spending.”

Victoria M. DeFrancesco Soto: The White House’s Broadening Latino Agenda

Latinos have been stuck between a rock and a hard place. In 2010, Republican state legislatures began an aggressive anti-immigrant campaign. At the same time, Latinos witnessed the administration fail to follow through on its promise for comprehensive immigration reform. Considering how both parties did or didn’t deal with the issue of immigration, it would not be surprising to see Latinos turn away from both parties. However, the issue of immigration alone does not define Latino interests-and moving beyond this single-issue focus will position the Democratic Party as the choice, not just the default option, for Latinos.

The concerns of Latinos are the same concerns of any other folks in the United States. In fact, issues related to the economy, education or healthcare are of even greater concern to Latinos than to non-Latinos. Latinos suffered the greatest decline in wealth during the recession, have the highest high school dropout rates and have the fastest growing rate of childhood obesity. There is no single box in which to fit Latino issues. But the temptation to do so has not prevented Latinos and non-Latinos alike from using the immigration box.

John Nochols: Strange Things Are Happening to Mitt Romney

“I realize it’s a bit of an away game,” Mitt Romney says of campaigning in the Southern states of Alabama and Mississippi-both of which hold primaries Tuesday.

That’s an intriguing choice of words from a GOP front-runner when he talking about meeting and greeting the voters of two heavily Republican states.

But anyone who has paid attention to Mitt Romney’s campaign knows that the entire endeavor is something of an away game.

He barely won his sort-of “home state” of Michigan, and then he even more barely won the neighboring state of Ohio by less than 1 percent of the vote, after failing to connect with blue-collar voters.

In state after state, Romney has prevailed not because he is a popular favorite but because his opposition has been divided. That has allowed the candidate of the one-tenth of the one percent to remain viable. But it has not made him credible.

On This Day In History March 10

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 10 is the 69th day of the year (70th in leap years) in the Gregorian calendar. There are 296 days remaining until the end of the year.

On this day in 1959, Tibetans band together in revolt, surrounding the summer palace of the Dalai Lama in defiance of Chinese occupation forces.

China’s occupation of Tibet began nearly a decade before, in October 1950, when troops from its People’s Liberation Army (PLA) invaded the country, barely one year after the Communists gained full control of mainland China. The Tibetan government gave into Chinese pressure the following year, signing a treaty that ensured the power of His Holiness the Dalai Lama, the country’s spiritual leader, over Tibet’s domestic affairs. Resistance to the Chinese occupation built steadily over the next several years, including a revolt in several areas of eastern Tibet in 1956. By December 1958, rebellion was simmering in Lhasa, the capital, and the PLA command threatened to bomb the city if order was not maintained.

Lhasa Rebellion

On 1 March 1959, an unusual invitation to attend a theatrical performance at the Chinese military headquarters outside Lhasa was extended to the Dalai Lama. The Dalai Lama, at the time studying for his lharampa geshe degree, initially postponed the meeting, but the date was eventually set for 10 March. On 9 March, the head of the Dalai Lama’s bodyguard was visited by Chinese army officers. The officers insisted that the Dalai Lama would not be accompanied by his traditional armed escort to the performance, and that no public ceremony for the Dalai Lama’s procession from the palace to the camp should take place, counter to tradition.

According to historian Tsering Shakya, the Chinese government was pressuring the Dalai Lama to attend the People’s Congress in April 1959, in order to repair China’s image with relation to ethnic minorities after the Khampa’s rebellion. On 7 February 1959, a significant day on the Tibetan calendar, the Dalai Lama attended a religious dance, after which the acting representative in Tibet, Tan Guansan, offered the Dalai Lama a chance to see a performance from a dance troupe native to Lhasa at the Norbulingka to celebrate the Dalai Lama’s completion of his lharampa geshe degree. According to the Dalai Lama’s memoirs, the Dalai Lama agreed, but said that the Norbulingka did not have the facilities, and suggested the new auditorium in the PLA headquarters in Lhasa as a more appropriate venue. Neither the Kashag nor the Dalai Lama’s bodyguards were informed of the Dalai Lama’s plans until Chinese officials briefed them on 9 March, one day before the performance was scheduled, and insisted that they would handle the Dalai Lama’s security. Some members of the Kashag were alarmed that were not also invited to lead a customary armed procession, recalling a prophecy that told that the Dalai Lama should not exit his palace.

According to historian Tsering Shakya, some Tibetan government officials feared that plans were being laid for a Chinese abduction of the Dalai Lama, and spread word to that effect amongst the inhabitants of Lhasa. On 10 March, several thousand Tibetans surrounded the Dalai Lama’s palace to prevent him from leaving or being removed. The huge crowd had gathered in response to a rumor that the Chinese communists were planning to arrest the Dalai Lama when he went to a cultural performance at the PLA’s headquarters. This marked the beginning of the uprising in Lhasa, though Chinese forces had skirmished with guerrillas outside the city in December of the previous year. Although CCP offcials insisted that the “reactionary upper stratum” in Lhasa was responsible for the rumor, there is no way to identify the precise source. At first, the violence was directed at Tibetan officials perceived not to have protected the Dalai Lama or to be pro-Chinese; attacks on Hans started later. One of the first casualties of mob was a senior lama, Pagbalha Soinam Gyamco, who worked with the PRC as a member of the Preparatory Committee of the Tibetan Autonomous Region, who was killed and his body dragged by a horse in front of the crowd for two kilometres.

On 12 March, protesters appeared in the streets of Lhasa declaring Tibet’s independence. Barricades went up on the streets of Lhasa, and Chinese and Tibetan rebel forces began to fortify positions within and around Lhasa in preparation for conflict. A petition of support for the armed rebels outside the city was taken up, and an appeal for assistance was made to the Indian consul. Chinese and Tibetan troops continued moving into position over the next several days, with Chinese artillery pieces being deployed within range of the Dalai Lama’s summer palace, the Norbulingka. On 15 March, preparations for the Dalai Lama’s evacuation from the city were set in motion, with Tibetan troops being employed to secure an escape route from Lhasa. On 17 March, two artillery shells landed near the Dalai Lama’s palace, triggering his flight into exile. On 19 March the Chinese started to shell the Norbulingka, prompting the full force of the Uprising. According to the freetibet website, on 21 March 800 shells rained down on the palace, including the shelling of the Norbulingka and Lhasa’s major monasteries, slaughtering thousands of Tibetan men, women and children. Combat lasted only about two days, with Tibetan rebel forces being badly outnumbered and poorly armed.

Popular Culture (TeeVee) 20120309: Obnoxious Adverts

Every now and then we discuss this subject, but the last time that we broached the area I was not as good about finding video on line as I am now.  This time instead of merely discussing the adverts, there will be in most cases the actual advert before the bulk of the discussion.

Whilst many adverts are annoying, a select few make my list of obnoxious ones.  These fall into a few fairly well defined categories, but there is always the miscellaneous one.  You must realize that what is obnoxious for me might be delightful to you, so this is necessarily sort of an arbitrary list.  However, some adverts just cross the line.

I have grouped the obnoxious ones into these categories:  the stupid husband or boyfriend, and by extension the smart wife or girlfriend; the precocious kid; the deceptive parents; obnoxious celebrities; offensive cartoons; and other.  These categories are quite subjective, so feel free to suggest others in comments.

The common thread in most of these is that someone is a buffoon and that deception is often used.  This not always the case, but far too often in.  In addition to obnoxious adverts, there are the ones that are just stupid, and I have an example or two of those as well.

This Week In The Dream Antilles

Photobucket

A 2006 photo: Marine Cpl. Megan Leavey with Sgt. Rex in Iraq

Have you noticed that sometimes your Bloguero completely loses his equanimity? Your Bloguero thought so. Be warned.Here it comes again. Nothing, nothing at all makes your Bloguero lose it like military bureaucracy. Your Bloguero points out that there is a reason, a very good reason why all of the vehicles the army owns have FTA scratched into them. And that reason has to do with how the army handles the very many small, non-life-and-death matters that matter to the soldiers.

This week began with efforts to remove vile, misogynist Lush Rimshot from the AFRN airwaves. Senator Levin sort of helped, but not enough that any desk chair jockey with scrambled eggs on his headgear would read his statement as requiring anything, or even threatening to require something, or starting a painful Congressional inquiry.  No.  In dealing with the military bureaucracy, the only thing that really matters is an order. “May I please have some more, sir,” just doesn’t get it done. That is uniformly (your Bloguero knows) greeted with scoffs. And raised eyebrows. And it’s ignored. Especially if it involves changing anything. No. An order is what it takes to change anything. And only an order will do.  Will AFRN get such an order about Lush Rimshot’s program? Time will tell.  

And then, today, there was this item. Your Bloguero knows. There are a whole lot of very important things that need doing, that merit your attention, that deserve widespread notice. Your Bloguero knows all that. Yes, there are big, important things that deserve ink. But your Bloguero wants something small. Your Bloguero would like to point out that a very simple, short order that the dog, Sgt. Rex, be discharged and given to his former, loving handler, ex-Cpl. Meagan Leavy, would make your Bloguero, ex-Cpl Leavy, ex-Sgt Rex, dogs and dog lovers and citizens everywhere very happy. Ecstatically happy.

For just this once, do you think the military could cut some of the red tape bs and just send Sgt. Rex home? You know what to do. Start with Senator Schumer and President Obama. Let them know that Sgt. Rex and Meagan Leavy need to be reunited. And they need it now. Then go on to others who need to hear from you about this.

This Week In The Dream Antilles is usually a weekly digest of essays in The Dream Antilles. Usually it appears on Friday. Sometimes, like now, it’s something else entirely. To see what essays were in the past week you have visit The Dream Antilles

Punting the Pundits

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Paul Krugman: Ignorance Is Strength

One way in which Americans have always been exceptional has been in our support for education. First we took the lead in universal primary education; then the “high school movement” made us the first nation to embrace widespread secondary education. And after World War II, public support, including the G.I. Bill and a huge expansion of public universities, helped large numbers of Americans to get college degrees.

But now one of our two major political parties has taken a hard right turn against education, or at least against education that working Americans can afford. Remarkably, this new hostility to education is shared by the social conservative and economic conservative wings of the Republican coalition, now embodied in the persons of Rick Santorum and Mitt Romney.

And this comes at a time when American education is already in deep trouble.

Joe Conason: Can Obama Muzzle the Dogs of War?

When President Obama disparaged “loose talk about war” against the theocratic regime in Tehran, he wasn’t minimizing the consequences of atomic weapons in the hands of the mullahs. The danger of terrorists acquiring a bomb would be multiplied by a regional arms race. The international nonproliferation regime would be crippled if not destroyed. The prestige of the United States would suffer fresh damage, and yes, Israel would be gravely threatened.

Yet it is hard to understand why anyone-in Washington, Jerusalem or anywhere else-would argue with his view that sanctions, covert action and diplomatic engagement should be exhausted before anybody resorts to bombs and missiles. Unlike his irresponsible critics on the right, Obama cannot ignore the potential costs of another Mideast war, which could wreck fragile economies both here and abroad, increase the peril to U.S. troops in Afghanistan as well as throughout the region, and perhaps escalate into a global conflict of unpredictable scope.

Amy Goodman: The Bipartisan Nuclear Bailout

Super Tuesday demonstrated the rancor rife in Republican ranks, as the four remaining major candidates slug it out to see how far to the right of President Barack Obama they can go. While attacking him daily for the high cost of gasoline, both sides are traveling down the same perilous road in their support of nuclear power. This is mind-boggling, on the first anniversary of the Fukushima nuclear disaster, with the chair of the U.S. Nuclear Regulatory Commission warning that lessons from Fukushima have not been implemented in this country. Nevertheless, Democrats and Republicans agree on one thing: They’re going to force nuclear power on the public, despite the astronomically high risks, both financial and environmental.

One year ago, on March 11, 2011, the Tohoku earthquake and tsunami hit the northeast coast of Japan, causing more than 15,000 deaths, with 3,000 more missing and thousands of injuries. Japan is still reeling from the devastation-environmentally, economically, socially and politically. Naoto Kan, Japan’s prime minister at the time, said last July, “We will aim to bring about a society that can exist without nuclear power.” He resigned in August after shutting down production at several power plants. He said that another catastrophe could force the mass evacuation of Tokyo, and even threaten “Japan’s very existence.” Only two of the 54 Japanese power plants that were online at the time of the Fukushima disaster are currently producing power. Kan’s successor, Prime Minister Yoshihiko Noda, supports nuclear power, but faces growing public opposition to it.

New York Times Editorial: Sexual Violence and the Military

The rate of sexual assaults on American women serving in the military remains intolerably high. While an estimated 17 percent of women in the general population become victims at some point in their lives, a 2006 study of female veterans financed by the Department of Veterans Affairs estimated that between 23 percent and 33 percent of uniformed women had been assaulted. Those estimates are borne out in other surveys, and a recent Pentagon report on sexual assaults at the service academies found that in the 2010-11 academic year, cadets and midshipmen were involved in 65 reported assaults.

Too often victims are afraid to come forward. Defense Secretary Leon Panetta estimated that the number of attacks in 2011 by service members on other service members – both women and men – was close to 19,000, more than six times the number of reported attacks.

Laurie Penny: That’s Enough Politeness – Women Need to Rise Up in Anger

To get into the UN Commission on the Status of Women, you have to get past several ranks of large armed men. In the foyer, you can buy UN women-themed hats and tote bags, and pick up glossy pamphlets about this year’s International Women’s Day, but what you can’t pick up is the slightest sense of urgency. In the 101 years since the first International Women’s Day, all the passionate politics seems to have been leached out of the women’s movement. [..]Women, like everyone else, have been duped. We have been persuaded over the past 50 years to settle for a bland, neoliberal vision of what liberation should mean. Life may have become a little easier in that time for white women who can afford to hire a nanny, but the rest of us have settled for a cheap, knock-off version of gender revolution. Instead of equality at work and in the home, we settled for “choice”, “flexibility” and an exciting array of badly paid part-time work to fit around childcare and chores. Instead of sexual liberation and reproductive freedom, we settled for mitigated rights to abortion and contraception that are constantly under attack, and a deeply misogynist culture that shames us if we’re not sexually attractive, dismisses us if we are, and blames us if we are raped or assaulted, as one in five of us will be in our lifetime.

John Nichols: The Great Vermont Uprising Against Corporate Personhood

Vermonters went to their town meetings this week to settle questions about dump fees, snowplowing contracts and utility meters.

They also decided to take on the corrupt campaign system that is steering the republic toward catastrophe.

And they have done so in a voice loud enough to be heard all the way to Washington.

By Thursday morning, sixty-four towns reported they had moved to amend the US Constitution to overturn the Supreme Court’s Citizen’s United ruling-as well as the false construct that says, in the words of Mitt Romney, “corporations are people, my friend.”

“Unlike the U.S. Supreme Court, Town Meeting Day voters understood that corporations are not people,” declared US Senator Bernie Sanders, I-Vermont, a champion of his state’s uprising against corporate personhood. “The resounding results will send a strong message that corporations and billionaires should not be allowed to buy candidates and elections with unlimited, undisclosed spending on political campaigns.”

Hey There Obama

With apologies to no one, but I borrowed the tune from The Plain White Tees.

Hey There Obama

hey there Obama

what’s it like there in that bubble

yeah, I hate to spoil the party

but here on main street

we’re in trouble

yes it’s true

not that it matters much to you

what else is new

hey there Obama

sorry wisdom from a cynic

I’m still here with no insurance

and two hours from a clinic

save your spin

you’ve got an ear that’s made of tin

that’s not a win

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

what’d you do for me

hey there Obama

you know times are getting hard

but just believe me, man

that tax cuts create jobs is a canard

but..way to go

your corporate buddies love you so

I think you know

hey there Obama

I’ve got more advice to give

if ever one word that I wrote you

would only hit you where you live

I’d write some more

instead of showing you the door

you’re such a bore

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

you don’t care what our problems are

we’ve lost our homes, our jobs, our cars

a farce of the audacity of hope

and you can take that “yes we can”

and stuff it-hey, just fuck you, man.

here, take this empty “donate” envelope

Obama your words don’t ring true

I have had enough of you

our world will never ever be the same

and you’re to blame

hey there Obama

you’ll be fine and you won’t miss me

that the other guys are worse inspires

your campaign will make more history like ya do

no one fires up the base like you

too bad it’s nothing good or true

hey there Obama here’s to you

this one’s for you

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

oh but what’d you do for me

what’d you do for me

Crossposted at The Free Speech Zone

Sing along!  

Mirror Mirror

Unintended irony from the NYT

By Glenn Greenwald, Salon

Thursday, Mar 8, 2012 10:47 AM Eastern Standard Time

It’s simply shocking to find a country which would allow its political class to be dominated by those who “have profited from the crony capitalism that has come to define its economic order” and who “nearly brought down” its banking system. What must it be like to live in such a country? But even more bewildering still is that the Afghans simply refuse to prosecute their high-levels financial criminals, even though the U.S. is providing advice and oversight! Maybe it’s unsurprising to see a country treat its powerful criminals with impunity, but not when they have the United States of America providing guidance and wise counsel. What could possibly explain this? Are they simply ignoring the important lessons we’re teaching and the shining example we’ve set?

Maybe he should just throw them in the dryer for a few minutes.

Eric Holder promotes Obama administration’s assassination policy

On March Fifth, President Obama’s Attorney General Eric Holder presented a speech at Northwestern University to explain President Obama’s approach to targetted assassinations and legal justification for them, including a retroactive justification of the assassination of US citizen Anwar Al-Awlaki.

In the speech, Holder articulated a new standard of due process that President Obama is relying on as a basis for his actions:

Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces.   This is simply not accurate.   “Due process” and “judicial process” are not one and the same, particularly when it comes to national security.   The Constitution guarantees due process, not judicial process.

Unfortunately, Mr. Holder did not present any evidence that the process that the administration is providing meets any particular standard other than the “trust us on this” standard.

On This Day In History March 9

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

March 9 is the 68th day of the year (69th in leap years) in the Gregorian calendar. There are 297 days remaining until the end of the year.

On this day in 1841, the US Supreme Court rules on Amistad mutiny

At the end of a historic case, the U.S. Supreme Court rules, with only one dissent, that the African slaves who seized control of the Amistad slave ship had been illegally forced into slavery, and thus are free under American law.

The Amistad, also known as United States v. Libellants and Claimants of the Schooner Amistad, 40 U.S. (15 Pet.) 518 (1841), was a United States Supreme Court case resulting from the rebellion of slaves on board the Spanish schooner Amistad in 1839. It was an unusual “freedom suit“, as it involved international issues and parties, as well as United States law.

The rebellion broke out when the schooner, traveling along the coast of Cuba, was taken over by a group of captives who had earlier been kidnapped in Africa and sold into slavery. The Africans were later apprehended on the vessel near Long Island, New York, by the United States Revenue Cutter Service and taken into custody. The ensuing, widely publicized court cases in the United States helped the abolitionist movement.

In 1840, a federal trial court found that the initial transport of the Africans across the Atlantic (which did not involve the Amistad) had been illegal, because the international slave trade had been abolished, and the captives were thus not legally slaves but free. Given that they were illegally confined, the Africans were entitled to take whatever legal measures necessary to secure their freedom, including the use of force. After the US Supreme Court affirmed this finding on March 9, 1841, supporters arranged transportation for the Africans back to Africa in 1842. The case influenced numerous succeeding laws in the United States.

Arguments before the Supreme Court

On February 23, 1841, Attorney General Henry D. Gilpin began the oral argument phase before the Supreme Court. Gilpin first entered into evidence the papers of La Amistad which stated that the Africans were Spanish property. The documents being in order, Gilpin argued that the Court had no authority to rule against their validity. Gilpin contended that if the Africans were slaves (as evidenced by the documents), then they must be returned to their rightful owner, in this case, the Spanish government. Gilpin’s argument lasted two hours.

John Quincy Adams, former President of the United States and at that time a U.S. Representative from Massachusetts, had agreed to argue for the Africans, but when it was time for him to argue, felt ill-prepared. Roger Sherman Baldwin, who had already represented the captives in the lower cases, opened in his place.

Baldwin, a prominent attorney (who was no relation to Justice Baldwin, the lone dissenter on the Court) contended that the Spanish government was attempting to manipulate the Court to return “fugitives”. In actuality, Baldwin argued, the Spanish government sought the return of slaves, who had been freed by the District Court, a fact that the Spanish government was not appealing. Covering all the facts of the case, Baldwin spoke for four hours over the course of the 22nd and the 23rd.

John Quincy Adams rose to speak on February 24. First, he reminded the court that it was a part of the judicial branch, and not part of the executive. Adams introduced correspondence between the Spanish government and the Secretary of State, criticizing President Martin van Buren for his assumption of unconstitutional powers in the case.

   This review of all the proceedings of the Executive I have made with utmost pain, because it was necessary to bring it fully before your Honors, to show that the course of that department had been dictated, throughout, not by justice but by sympathy – and a sympathy the most partial and injust. And this sympathy prevailed to such a degree, among all the persons concerned in this business, as to have perverted their minds with regard to all the most sacred principles of law and right, on which the liberties of the United States are founded; and a course was pursued, from the beginning to the end, which was not only an outrage upon the persons whose lives and liberties were at stake, but hostile to the power and independence of the judiciary itself.

Adams argued that neither Pinckney’s Treaty nor the Adams-Onis Treaty were applicable to the case. Article IX of Pinckney’s Treaty referred only to property, and did not apply to people. As to The Antelope decision (10 Wheat. 124), which recognized “that possession on board of a vessel was evidence of property”, Adams said that did not apply either, since the precedent there was established prior to the prohibition of the foreign slave trade in the United States. Adams concluded after eight and one-half hours of speaking on March 1 (the Court had taken a recess following the death of Associate Justice Barbour).

Attorney General Gilpin concluded oral argument with a three-hour rebuttal on March 2. The Court retired to consider the case.

Decision of the Supreme Court

On March 9, Associate Justice Joseph Story delivered the Court’s decision. Article IX of Pinckney’s Treaty was ruled off topic since the Africans in question were never legal property. They were not criminals, as the U.S. Attorney’s Office argued, but rather “unlawfully kidnapped, and forcibly and wrongfully carried on board a certain vessel”. The documents submitted by Attorney General Gilpin were not evidence of property, but rather of fraud on the part of the Spanish government. Lt. Gedney and the USS Washington were to be awarded salvage from the vessel for having performed “a highly meritorious and useful service to the proprietors of the ship and cargo”.

When La Amistad came into Long Island, however, the Court believed it to be in the possession of the Africans on board, who had no intent to become slaves. Therefore, the Adams-Onis Treaty did not apply, and the President was not required to return the slaves to Africa.

Upon the whole, our opinion is, that the decree of the circuit court, affirming that of the district court, ought to be affirmed, except so far as it directs the negroes to be delivered to the president, to be transported to Africa, in pursuance of the act of the 3rd of March 1819; and as to this, it ought to be reversed: and that the said negroes be declared to be free, and be dismissed from the custody of the court, and go without delay.

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