Tag: On This Day in History

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July 30 is the 211th day of the year (212th in leap years) in the Gregorian calendar. There are 154 days remaining until the end of the year.

On this day in 1965, President Lyndon B. Johnson signs Medicare, a health insurance program for elderly Americans, into law. At the bill-signing ceremony, which took place at the Truman Library in Independence, Missouri, former President Harry S. Truman was enrolled as Medicare’s first beneficiary and received the first Medicare card. Johnson wanted to recognize Truman, who, in 1945, had become the first president to propose national health insurance, an initiative that was opposed at the time by Congress.

The Medicare program, providing hospital and medical insurance for Americans age 65 or older, was signed into law as an amendment to the Social Security Act of 1935. Some 19 million people enrolled in Medicare when it went into effect in 1966. In 1972, eligibility for the program was extended to Americans under 65 with certain disabilities and people of all ages with permanent kidney disease requiring dialysis or transplant. In December 2003, President George W. Bush signed into law the Medicare Modernization Act (MMA), which added outpatient prescription drug benefits to Medicare.

Medicaid, a state and federally funded program that offers health coverage to certain low-income people, was also signed into law by President Johnson on July 30, 1965, as an amendment to the Social Security Act.

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July 29 is the 210th day of the year (211th in leap years) in the Gregorian calendar. There are 155 days remaining until the end of the year.

On this day in 1858, the Harris Treaty was signed between the United States and Japan was signed at the Ryosen-ji in Shimoda.  Also known as the Treaty of Amity and Commerce, it opened the ports of  Edo and four other Japanese cities to American trade and granted extraterritoriality to foreigners, among other stipulations.

The treaty followed the 1854 Convention of Kanagawa, which granted coaling rights for U.S. ships and allowed for a U.S. Consul in Shimoda. Although Commodore Matthew Perry secured fuel for U.S. ships and protection, he left the important matter of trading rights to Townsend Harris, another U.S. envoy who negotiated with the Tokugawa Shogunate; the treaty is therefore often referred to as the Harris Treaty. It took two years to break down Japanese resistance, but with the threat of looming British demands for similar privileges, the Tokugawa government eventually capitulated.

Treaties of Amity and Commerce between Japan and Holland, England, France, Russia and the United States, 1858.

The most important points were:

   * exchange of diplomatic agents

   * Edo, Kobe, Nagasaki, Niigata, and Yokohama‘s opening to foreign trade as ports

   * ability of United States citizens to live and trade in those ports

   * a system of phttp://en.wikipedia.org/wiki/Extraterritoriality extraterritoriality] that provided for the subjugation of foreign residents to the laws of their own consular courts instead of the Japanese law system

   * fixed low import-export duties, subject to international control

The agreement served as a model for similar treaties signed by Japan with other foreign countries in the ensuing weeks. These Unequal Treaties curtailed Japanese sovereignty for the first time in its history; more importantly, it revealed Japan’s growing weakness, and was seen by the West as a pretext for possible colonisation of Japan. The recovery of national status and strength became an overarching priority for the Japanese, with the treaty’s domestic consequences being the end of Bakufu (Shogun) control and the establishment of a new imperial government.

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July 28 is the 209th day of the year (210th in leap years) in the Gregorian calendar. There are 156 days remaining until the end of the year.

On this day in 1868, following its ratification by the necessary three-quarters of U.S. states, the 14th Amendment, guaranteeing to African Americans citizenship and all its privileges, is officially adopted into the U.S. Constitution.

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In the decades after its adoption, the equal protection clause was cited by a number of African American activists who argued that racial segregation denied them the equal protection of law. However, in 1896, the U.S. Supreme Court ruled in Plessy v. Ferguson that states could constitutionally provide segregated facilities for African Americans, so long as they were equal to those afforded white persons. The Plessy v. Ferguson decision, which announced federal toleration of the so-called “separate but equal” doctrine, was eventually used to justify segregating all public facilities, including railroad cars, restaurants, hospitals, and schools. However, “colored” facilities were never equal to their white counterparts, and African Americans suffered through decades of debilitating discrimination in the South and elsewhere. In 1954, Plessy v. Ferguson was finally struck down by the Supreme Court in its ruling in Brown v. Board of Education of Topeka.

The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 29, 1868 as one of the Reconstruction Amendments.

Its Citizenship Clause provides a broad definition of citizenship that overruled the decision in Dred Scott v. Sandford (1857), which held that blacks could not be citizens of the United States.

Its Due Process Clause prohibits state and local governments from depriving people (individual and corporate) of life, liberty, or property without certain steps being taken. This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive rights and procedural rights.

Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause later became the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in the United States.

The there is that pertinent and pesky Article 4:

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Validity of public debt

Section 4 confirmed the legitimacy of all United States public debt appropriated by the Congress. It also confirmed that neither the United States nor any state would pay for the loss of slaves or debts that had been incurred by the Confederacy. For example, several English and French banks had lent money to the South during the war. In Perry v. United States (1935), the Supreme Court ruled that under Section 4 voiding a United States government bond “went beyond the congressional power.” Section 4 has been cited (during the debate in July of 2011 over whether to raise the U.S. debt ceiling) by some legal experts and Democratic members in the U.S. House Democratic caucus, as giving current President Barack Obama the authority to unilaterally raise the debt ceiling if the Congress does not appear to be able to pass an agreement by Tuesday, August 2, 2011. The White House Press Office and President Obama have said that it will not be resorted to, though Democratic members of the House that support the move are formally petitioning him to do so “for the sake of the country’s fiscal stability.” A final resolution to the crisis has not yet been decided upon.

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July 27 is the 208th day of the year (209th in leap years) in the Gregorian calendar. There are 157 days remaining until the end of the year.

On this day in 1974, the House Judiciary Committee recommended that president Richard Nixon be impeached and removed from office. It was the first such impeachment recommendation in more than a century. The vote was 27 to 11, with 6 of the committee’s 17 Republicans joining all 21 Democrats in voting to send the article to the House. Nixon resigned before he was impeached by the full House.

The House Judiciary Committee recommends that America’s 37th president, Richard M. Nixon, be impeached and removed from office. The impeachment proceedings resulted from a series of political scandals involving the Nixon administration that came to be collectively known as Watergate.

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In May 1974, the House Judiciary Committee began formal impeachment hearings against Nixon. On July 27 of that year, the first article of impeachment against the president was passed. Two more articles, for abuse of power and contempt of Congress, were approved on July 29 and 30. On August 5, Nixon complied with a U.S. Supreme Court ruling requiring that he provide transcripts of the missing tapes, and the new evidence clearly implicated him in a cover up of the Watergate break-in. On August 8, Nixon announced his resignation, becoming the first president in U.S. history to voluntarily leave office. After departing the White House on August 9, Nixon was succeeded by Vice President Gerald Ford, who, in a controversial move, pardoned Nixon on September 8, 1974, making it impossible for the former president to be prosecuted for any crimes he might have committed while in office. Only two other presidents in U.S. history have been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998.

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July 26 is the 207th day of the year (208th in leap years) in the Gregorian calendar. There are 158 days remaining until the end of the year.

On this day in 1775, the U.S. postal system is established by the Second Continental Congress, with Benjamin Franklin as its first postmaster general. Franklin (1706-1790) put in place the foundation for many aspects of today’s mail system. During early colonial times in the 1600s, few American colonists needed to send mail to each other; it was more likely that their correspondence was with letter writers in Britain. Mail deliveries from across the Atlantic were sporadic and could take many months to arrive. There were no post offices in the colonies, so mail was typically left at inns and taverns. In 1753, Benjamin Franklin, who had been postmaster of Philadelphia, became one of two joint postmasters general for the colonies. He made numerous improvements to the mail system, including setting up new, more efficient colonial routes and cutting delivery time in half between Philadelphia and New York by having the weekly mail wagon travel both day and night via relay teams. Franklin also debuted the first rate chart, which standardized delivery costs based on distance and weight. In 1774, the British fired Franklin from his postmaster job because of his revolutionary activities. However, the following year, he was appointed postmaster general of the United Colonies by the Continental Congress. Franklin held the job until late in 1776, when he was sent to France as a diplomat. He left a vastly improved mail system, with routes from Florida to Maine and regular service between the colonies and Britain. President George Washington appointed Samuel Osgood, a former Massachusetts congressman, as the first postmaster general of the American nation under the new U.S. constitution in 1789. At the time, there were approximately 75 post offices in the country

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

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July 25 is the 206th day of the year (207th in leap years) in the Gregorian calendar. There are 159 days remaining until the end of the year.

On this day in 1788, Wolfgang Mozart completes his Symphony No. 40 in G minor.

The question of the Symphony’s premiere

There is no completely solid documentary evidence that the premiere of the 40th Symphony took place in Mozart’s lifetime. However, as Zaslaw (1983) points out, the circumstantial evidence that it was performed is very strong. On several occasions between the composition of the symphony and the composer’s death, symphony concerts were given featuring Mozart’s music, including concerts in which the program has survived, including a symphony, unidentified by date or key.

Most important is the fact that Mozart revised his symphony (the manuscripts of both versions still exist). As Zaslaw says, this “demonstrates that [the symphony] was performed, for Mozart would hardly have gone to the trouble of adding the clarinets and rewriting the flutes and oboes to accommodate them, had he not had a specific performance in view.” The orchestra for the 1791 Vienna concert included the clarinetist brothers Anton and Johann Stadler; which, as Zaslaw points out, limits the possibilities to just the 39th and 40th symphonies.

Zaslaw adds: “The version without clarinets must also have been performed, for the reorchestrated version of two passages in the slow movement, which exists in Mozart’s hand, must have resulted from his having heard the work and discovered an aspect needing improvement.”

Concerning the concerts for which the Symphony was originally (1788) intended, Otto Erich Deutsch suggests that Mozart was preparing to hold a series of three “Concerts in the Casino”, in a new casino in the Spiegelgasse owned by Philipp Otto. Mozart even sent a pair of tickets for this series to his friend Michael Puchberg. But it seems impossible to determine whether the concert series was held, or was cancelled for lack of interest. Zaslaw suggests that only the first of the three concerts was actually held.

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June 24 is the 175th day of the year (176th in leap years) in the Gregorian calendar. There are 190 days remaining until the end of the year.

On this day in 1957, the U.S. Supreme Court rules that obscenity is not protected by the First Amendment.

Roth v. United States, along with its companion case, Alberts v. California, was a landmark case before the United States Supreme Court which redefined the Constitutional test for determining what constitutes obscene material unprotected by the First Amendment.

Prior history

Under the common law rule that prevailed before Roth, articulated most famously in the 1868 English case Hicklin v. Regina, any material that tended to “deprave and corrupt those whose minds are open to such immoral influences” was deemed “obscene” and could be banned on that basis. Thus, works by Balzac, Flaubert, James Joyce and D. H. Lawrence were banned based on isolated passages and the effect they might have on children.

Samuel Roth, who ran a literary business in New York City, was convicted under a federal statute criminalizing the sending of “obscene, lewd, lascivious or filthy” materials through the mail for advertising and selling a publication called American Aphrodite (“A Quarterly for the Fancy-Free”) containing literary erotica and nude photography. David Alberts, who ran a mail-order business from Los Angeles, was convicted under a California statute for publishing pictures of “nude and scantily-clad women.” The Court granted a writ of certiorari and affirmed both convictions.

The case

Roth came down as a 6-3 decision, with the opinion of the Court authored by William J. Brennan, Jr.. The Court repudiated the Hicklin test and defined obscenity more strictly, as material whose “dominant theme taken as a whole appeals to the prurient interest” to the “average person, applying contemporary community standards.” Only material meeting this test could be banned as “obscene.” However, Brennan reaffirmed that obscenity was not protected by the First Amendment and thus upheld the convictions of Roth and Alberts for publishing and sending obscene material over the mail.

Congress could ban material, “utterly without redeeming social importance,” or in other words, “whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to the prurient interest.”

With the Court unable to agree as to what constituted obscenity, the Justices were put in the position of having to personally review almost every obscenity prosecution in the United States, with the Justices gathering for weekly screenings of “obscene” motion pictures (Black and Douglas pointedly refused to participate, believing all the material protected). Meanwhile, pornography and sexually oriented publications proliferated as a result of the Warren Court’s holdings, the “Sexual Revolution” of the 1960s flowered, and pressure increasingly came to the Court to allow leeway for state and local governments to crack down on obscenity. During his ill-fated bid to become Chief Justice, Justice Abe Fortas was attacked vigorously in Congress by conservatives such as Strom Thurmond for siding with the Warren Court majority in liberalizing protection for pornography. In his 1968 presidential campaign, Richard Nixon campaigned against the Warren Court, pledging to appoint “strict constructionists” to the Supreme Court.

The demise of Roth

In Miller v. California (1973), a five-person majority agreed for the first time since Roth as to a test for determining constitutionally unprotected obscenity, superseding the Roth test. By the time Miller was considered in 1973, Brennan had abandoned the Roth test and argued that all obscenity was constitutionally protected, unless distributed to minors or unwilling third-parties.

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July 23 is the 204th day of the year (205th in leap years) in the Gregorian calendar. There are 161 days remaining until the end of the year.

THE GREAT COMET OF 1997. Above, the bright head of comet Hale-Bopp, called the coma, is pointed towards the Sun. The coma is composed of dust and gas, masking the solid nucleus of the comet made up of rock, dust and ice. Photo taken by Jim Young at NASA’s Jet Propulsion Laboratories Table Mountain Observatory in March 1997.

The comet was discovered in 1995 by two independent observers, Alan Hale and Thomas Bopp, both in the United States. Hale had spent many hundreds of hours searching for comets without success, and was tracking known comets from his driveway in New Mexico when he chanced upon Hale-Bopp just after midnight. The comet had an apparent magnitude of 10.5 and lay near the globular cluster M70 in the constellation of Sagittarius. Hale first established that there was no other deep-sky object  near M70, and then consulted a directory of known comets, finding that none were known to be in this area of the sky. Once he had established that the object was moving relative to the background stars, he emailed the Central Bureau for Astronomical Telegrams, the clearing house for astronomical discoveries.

Bopp did not own a telescope. He was out with friends near Stanfield, Arizona observing star clusters and galaxies when he chanced across the comet while at the eyepiece of his friend’s telescope. He realized he might have spotted something new when, like Hale, he checked his star maps to determine if any other deep-sky objects were known to be near M70, and found that there were none. He alerted the Central Bureau of Astronomical Telegrams through a Western Union telegram. Brian Marsden, who has run the bureau since 1968, laughed, “Nobody sends telegrams anymore. I mean, by the time that telegram got here, Alan Hale had already e-mailed us three times with updated coordinates.”

The following morning, it was confirmed that this was a new comet, and it was named Comet Hale-Bopp, with the designation C/1995 O1. The discovery was announced in International Astronomical Union circular 6187.

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July 22 is the 203rd day of the year (204th in leap years) in the Gregorian calendar. There are 162 days remaining until the end of the year.

On this day in 1933, Wiley Post becomes the first person to fly solo around the world traveling 15,596 miles in 7 days, 18 hours and 45 minutes.

Like many pilots at the time, Post disliked the fact that the speed record for flying around the world was not held by a fixed-wing aircraft, but by the Graf Zeppelin, piloted by Hugo Eckener in 1929 with a time of 21 days. On June 23, 1931, Post and his navigator, Harold Gatty, left Roosevelt Field on Long Island, New York in the Winnie Mae with a flight plan that would take them around the world, stopping at Harbour Grace, Flintshire, Hanover twice, Berlin, Moscow, Novosibirsk, Irkutsk, Blagoveshchensk, Khabarovsk, Nome where his airscrew had to be repaired, Fairbanks where the airscrew was replaced, Edmonton, and Cleveland before returning to Roosevelt Field. They arrived back on July 1, after traveling 15,474 miles in the record time of 8 days and 15 hours and 51 minutes. The reception they received rivaled Lindbergh’s everywhere they went. They had lunch at the White House on July 6, rode in a ticker-tape parade the next day in New York City, and were honored at a banquet given by the Aeronautical Chamber of Commerce of America at the Hotel Astor. After the flight, Post acquired the Winnie Mae from F.C. Hall, and he and Gatty published an account of their journey titled, Around the World in Eight Days, with an introduction by Will Rogers.

His Lockheed Vega aircraft, the Winnie Mae is on display at the National Air and Space Museum’s Steven F. Udvar-Hazy Center, and his pressure suit is being prepared for display at the same location. On August 15, 1935, Post and American  humorist Will Rogers were killed when Post’s aircraft crashed on takeoff from a lagoon near Point Barrow, in Alaska.

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July 21 is the 202nd day of the year (203rd in leap years) in the Gregorian calendar. There are 163 days remaining until the end of the year.

On this day in 1861, the first battle of Bull Run.. In the first major land battle of the Civil War, a large Union force under General Irvin McDowell is routed by a Confederate army under General Pierre G.T. Beauregard. . . .

On the morning of July 21, hearing of the proximity of the two opposing forces, hundreds of civilians–men, women, and children–turned out to watch the first major battle of the Civil War. The fighting commenced with three Union divisions crossing the Bull Run stream, and the Confederate flank was driven back to Henry House Hill. However, at this strategic location, Beauregard had fashioned a strong defensive line anchored by a brigade of Virginia infantry under General Thomas J. Jackson. Firing from a concealed slope, Jackson’s men repulsed a series of Federal charges, winning Jackson his famous nickname “Stonewall.”

Meanwhile, Confederate cavalry under J.E.B. Stuart captured the Union artillery, and Beauregard ordered a counterattack on the exposed Union right flank. The rebels came charging down the hill, yelling furiously, and McDowell’s line was broken, forcing his troops in a hasty retreat across Bull Run. The retreat soon became an unorganized flight, and supplies littered the road back to Washington. Union forces endured a loss of 3,000 men killed, wounded, or missing in action while the Confederates suffered 2,000 casualties. The scale of this bloodshed horrified not only the frightened spectators at Bull Run but also the U.S. government in Washington, which was faced with an uncertain military strategy in quelling the “Southern insurrection.”

Bull Run was the largest and bloodiest battle in American history up to that point. Union casualties were 460 killed, 1,124 wounded, and 1,312 missing or captured; Confederate casualties were 387 killed, 1,582 wounded, and 13 missing. Among the latter was Col. Francis S. Bartow, who was the first Confederate brigade commander to be killed in the Civil War. General Bee was mortally wounded and died the following day.

Union forces and civilians alike feared that Confederate forces would advance on Washington, D.C., with very little standing in their way. On July 24, Prof. Thaddeus S. C. Lowe ascended in the balloon Enterprise to observe the Confederates moving in and about Manassas Junction and Fairfax. He saw no evidence of massing Rebel forces, but was forced to land in Confederate territory. It was overnight before he was rescued and could report to headquarters. He reported that his observations “restored confidence” to the Union commanders.

The Northern public was shocked at the unexpected defeat of their army when an easy victory had been widely anticipated. Both sides quickly came to realize the war would be longer and more brutal than they had imagined. On July 22 President Lincoln signed a bill that provided for the enlistment of another 500,000 men for up to three years of service.

The reaction in the Confederacy was more muted. There was little public celebration as the Southerners realized that despite their victory, the greater battles that would inevitably come would mean greater losses for their side as well.

Beauregard was considered the hero of the battle and was promoted that day by President Davis to full general in the Confederate Army. Stonewall Jackson, arguably the most important tactical contributor to the victory, received no special recognition, but would later achieve glory for his 1862 Valley Campaign. Irvin McDowell bore the brunt of the blame for the Union defeat and was soon replaced by Maj. Gen. George B. McClellan, who was named general-in-chief of all the Union armies. McDowell was also present to bear significant blame for the defeat of Maj. Gen. John Pope’s Army of Virginia by Gen. Robert E. Lee’s Army of Northern Virginia thirteen months later, at the Second Battle of Bull Run. Patterson was also removed from command.