10 Comments

Though the time and the circumstances were different, I immediately thought of the Dakota war of 1862, described in Scott Berg's 2012 book 38 NOOSES and elsewhere. Thirty-eight of the Dakota were hanged, which, true, was far less than the more than 300 sentenced to death (President Lincoln intervened). But as in this case, the context and the history were totally ignored.

Expand full comment
author

Yes, the ~38~. Personally approved by the President most historians claim to be the greatest, Lincoln. Yes, Lincoln did spare 300 others. Not sure that balancing hanging 38 became 39 by the next day. Yet the same President didn't order the actual traitors, the leaders of the CSA to be hanged. Hard to square that circle. And another, my kind signed peace Treaties, all of which are enshrined in the Constitution as all all Treaties. In the new old South, they made no such requirement which is one of many reasons for the Lost Cause, Jim Crow, and their insistence they never really lost the war of Yankee or Northern Aggression. At a minium every CSA soldier who left the Union Army (inc Lee and a long list) shoulda hanged. Publicly near the corresponding Southern state Capitol Building. Instead, monuments were erected for them in the same place as heroes.

FTR: It was one of two primary reasons I challenged invoking #14A Sec3 Disqualification CO, ME, and now IL. The idea legal eagles and teevee pundits referred to disqualification due to betraying this country (iithah thru the step after impeachment or by applying #14A Sec-3) and then calling it "the death penalty" revealed how disconnected their minds are from history and justice. The other reason is not a single champion of the disqualification gave thought to how it could be turned around due to it all hinging on a finding by a single non-Federal Judge in a state Trump lost. It is as if they forgot Trump's First Big Lie, Birtherism.

Would've taken only a single Judge in a ruby red state to disqualify President Obama based on her/his finding that the Birth Certificate presented did not meet her/his standard and after hearing from conspiracists who claim to have investigated the matter. So, the faux disqualification ( a better word is nullification) would not be premised in an Amendment rather than in the original text of being naturally born. From there other states could point to it and remove O from the ballot. Silly? Yes. As silly as the concept states have the absolute power to determine who appears on a ballot. To this day can't understand any academic, scholar, or constitutionalist actually having thought through all the consequences, intended or otherwise. Most of all ignore this is the UNITED States of America, not the 50States of America.

In the case of the ~38~ and the ~19~ what links them is they were all POC, all acting in self-defense, and their violent ends were celebrated by the vast majority of non-POC. And to tie to back to Trump, his demand for the execution of the Central Park 5, "Muslims hate us", "I know Indians when I see Indians and those aren't Indians" from Congressional Hearing on Casinos, "my African-American", telling ~indigenous~ chiefs in a televised WH meeting to sell their land (a crime) cuz who would know, calling out Black poll workers by name as criminals, calling the NY AG and Fulton County DA as racists, smearing of migrants as criminals, the insane, the diseased, and on and on.

Every time he does it triggers my recall of actual history here on Turtle Island. And of course DOI line of merciless indian savages. Had we fit the bill no whites woulda made it past the shoreline.

Expand full comment

So much to ponder here -- thank you.

I'm uneasy about the use of the 14th, section 3, to challenge Trump's right to be on the ballot, though I do think it applies, or should apply, to what he did. In the late 1990s, the Republicans impeached President Clinton. At that point impeachments were rare. Since then people yell "Impeach! Impeach! Impeach!" whenever they don't like an official's decision. Not hard to imagine the same thing happening with 14:3. It didn't happen to Obama because it hadn't happened before. Now that 14:3 has been resurrected, it's going to come up again.

Even if he'd lived long enough, I can't imagine Lincoln supporting courts-martial for the CSA soldiers, esp. the officers, who deserted the U.S. Army. From his point of view, healing the Union was crucial, and healing the Union meant no punishment for white upper-class men. Despite the death and devastation that their secession had caused.

Your last line -- yes. And as to who the "merciless savages" were, the DOI and so many others seem to have done what Trump keeps doing: attribute his own character and motives to his enemies.

Expand full comment
author

Agree Along with a slew of other -ists Trump is indeed a projectionist. A p#ss poor one at that. . No doubt his hard-core supporters share many flawed character traits with him. See his enablers in Congress as people who also see all others as the "other."

That mindset began long ago and the list of the "other" has grown larger with time. Best recent example is one of CNN's fav go-to Rs, Gov. Sununu with his Trump is this and that, then ends with of course I will vote for him because I am a Republican. A polite way of saying all others are the enemy.

All that said, continue to see an obvious confirmation bias when folk discuss Trump's criminal cases and the #14A Sec-3 case. Causes a blind spot to hitherto rational people including lashing out at SCOTUS. Yet it is the Judicial branch at all levels whether the matter is civil or criminal that has who have remained true to the Oath and the Law since before the 2020 election right up until today. Trump and Trump's associates have yet to prevail in a single case. Makes me wonder if only blood would satisfy some. Saying that based on American history which includes the thirst for blood. Still don't get what is behind it. Is the reason I often invoke the word barbarians(s) and insist unless and until wimmin and 2spirit people are in charge it will continue.

Expand full comment
Mar 3Liked by ~Shadowcloud~

The nightmare of our history.

Expand full comment
author

Indeed

Expand full comment
Mar 2Liked by ~Shadowcloud~

This leads on in history is one of unspeakable cruelty and dishonor. If the United States military intends to pay penance for every time people were denied their humanity, treated inhumanely, and murdered in acts of racism then it will take adding staff to complete the project. Thank you my friend for you post and link.

Expand full comment
author

Agree. Have written this so many times " war is the ultimate test of one's humanity". And will add don't want any person to live through war to affirm that it is. Some truths need not be proven. That is one.

Expand full comment

This is just some of the history they don't want taught. Thanks for this.

Expand full comment
author

you're welcome

Is a painful and pitiful history

Expand full comment