Tag: On This Day in History

Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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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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Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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July 24 is the 205th day of the year (206th in leap years) in the Gregorian calendar. There are 160 days remaining until the end of the year.

On this day in 1911, Machu Picchu discovered

American archeologist Hiram Bingham gets his first look at Machu Picchu, an ancient Inca settlement in Peru that is now one of the world’s top tourist destinations.

Tucked away in the rocky countryside northwest of Cuzco, Machu Picchu is believed to have been a summer retreat for Inca leaders, whose civilization was virtually wiped out by Spanish invaders in the 16th century. For hundreds of years afterwards, its existence was a secret known only to the peasants living in the region. That all changed in the summer of 1911, when Bingham arrived with a small team of explorers to search for the famous “lost” cities of the Incas.

Traveling on foot and by mule, Bingham and his team made their way from Cuzco into the Urubamba Valley, where a local farmer told them of some ruins located at the top of a nearby mountain. The farmer called the mountain Machu Picchu, which meant “Old Peak” in the native Quechua language. The next day–July 24–after a tough climb to the mountain’s ridge in cold and drizzly weather, Bingham met a small group of peasants who showed him the rest of the way. Led by an 11-year-old boy, Bingham got his first glimpse of the intricate network of stone terraces marking the entrance to Machu Picchu.

Machu Picchu was built around 1450, at the height of the Inca Empire. It was abandoned just over 100 years later, in 1572, as a belated result of the Spanish Conquest. It is possible that most of its inhabitants died from smallpox introduced by travelers before the Spanish conquistadors arrived in the area. The latter had notes of a place called Piccho, although there is no record of the Spanish having visited the remote city. The types of sacred rocks defaced by the conquistadors in other locations are untouched at Machu Picchu.

Hiram Bingham theorized that the complex was the traditional birthplace of the Incan “Virgins of the Suns”. More recent research by scholars such as John Howland Rowe and Richard Burger, has convinced most archaeologists that Machu Picchu was an estate of the Inca emperor Pachacuti. In addition, Johan Reinhard presented evidence that the site was selected because of its position relative to sacred landscape features such as its mountains, which are purported to be in alignment with key astronomical events important to the Incas.

Johan Reinhard believes Machu Picchu to be a sacred religious site. This theory stands mainly because of where Machu Picchu is located. Reinhard calls it “sacred geography” because the site is built on and around mountains that hold high religious importance in the Inca culture and in the previous culture that occupied the land. At the highest point of the mountain in which Machu Picchu was named after, there are “artificial platforms [and] these had a religious function, as is clear from the Inca ritual offerings found buried under them” (Reinhard 2007). These platforms also are found in other Incan religious sites. The site’s other stone structures have finely worked stones with niches and, from what the “Spaniards wrote about Inca sites, we know that these (types of) building(s) were of ritual significance” (Reinhard 2007). This would be the most convincing evidence that Reinhard points out because this type of stylistic stonework is only found at the religious sites so it would be natural that they would exist at this religious site. Another theory maintains that Machu Picchu was an Inca llaqta, a settlement built to control the economy of conquered regions. Yet another asserts that it may have been built as a prison for a select few who had committed heinous crimes against Inca society. An alternative theory is that it is an agricultural testing station. Different types of crops could be tested in the many different micro-climates afforded by the location and the terraces; these were not large enough to grow food on a large scale, but may have been used to determine what could grow where. Another theory suggests that the city was built as an abode for the deities, or for the coronation of kings

Although the citadel is located only about 80 kilometers (50 miles) from Cusco, the Inca capital, the Spanish never found it and consequently did not plunder or destroy it, as they did many other sites. Over the centuries, the surrounding jungle grew over much of the site, and few outsiders knew of its existence.

Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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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.

Cross posted from The Stars Hollow Gazette

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July 20 is the 201st day of the year (202nd in leap years) in the Gregorian calendar. There are 164 days remaining until the end of the year.

On this day in 1881, Sitting Bull surrenders.

Five years after General George A. Custer’s infamous defeat at the Battle of Little Bighorn, Hunkpapa Teton Sioux leader Sitting Bull surrenders to the U.S. Army, which promises amnesty for him and his followers. Sitting Bull had been a major leader in the 1876 Sioux uprising that resulted in the death of Custer and 264 of his men at Little Bighorn. Pursued by the U.S. Army after the Indian victory, he escaped to Canada with his followers.

Surrender

Hunger and cold eventually forced Sitting Bull, his family, and nearly 200 other Sioux in his band to return to the United States and surrender on July 19, 1881. Sitting Bull had his young son Crow Foot surrender his rifle to the commanding officer of Fort Buford. He told the soldiers that he wished to regard them and the white race as friends. Two weeks later, Sitting Bull and his band were transferred to Fort Yates, the military post located adjacent to the Standing Rock Agency.

Arriving with 185 people, Sitting Bull and his band were kept separate from the other Hunkpapa gathered at the agency. Army officials were concerned that the famed chief would stir up trouble among the recently surrendered northern bands. On August 26, 1881, he was visited by census taker William T. Selwyn who counted twelve people in the Hunkpapa leader’s immediate family. Forty-one families, totaling 195 people, were recorded in Sitting Bull’s band. The military decided to transfer him and his band to Fort Randall, to be held as prisoners of war. Loaded onto a steamboat, Sitting Bull’s band, now totaling 172 people, were sent down the Missouri River to Fort Randall. There they spent the next 20 months. They were allowed to return to the Standing Rock Agency in May 1883.

Cross posted from The Stars Hollow Gazette

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July 19 is the 200th day of the year (201st in leap years) in the Gregorian calendar. There are 165 days remaining until the end of the year.

On this day in 1848, a two-day Women’s Rights Convention opens in Seneca Falls, New York. There the “Bloomers” are introduced.

The Seneca Falls Convention was an early and influential women’s rights convention held in Seneca Falls, New York, July 19-20, 1848. It was organized by local New York women upon the occasion of a visit by Boston-based Lucretia Mott, a Quaker famous for her speaking ability, a skill rarely cultivated by American women at the time. The local women, primarily members of a radical Quaker group, organized the meeting along with Elizabeth Cady Stanton, a skeptical non-Quaker who followed logic more than religion.

The meeting spanned two days and six sessions, and included a lecture on law, a humorous presentation, and multiple discussions about the role of women in society. Stanton and the Quaker women presented two prepared documents, the Declaration of Sentiments and an accompanying list of resolutions, to be debated and modified before being put forward for signatures. A heated debate sprang up regarding women’s right to vote, with many including Mott urging the removal of this concept, but Frederick Douglass argued eloquently for its inclusion, and the suffrage resolution was retained. Exactly 100 of approximately 300 attendees signed the document, mostly women.

The convention was seen by some of its contemporaries, including featured speaker Mott, as but a single step in the continuing effort by women to gain for themselves a greater proportion of social, civil and moral rights, but it was viewed by others as a revolutionary beginning to the struggle by women for complete equality with men. Afterward, Stanton presented the resulting Declaration of Sentiments as a foundational document in the American woman’s suffrage movement, and she promoted the event as the first time that women and men gathered together to demand the right for women to vote. Stanton’s authoring of the History of Woman Suffrage helped to establish the Seneca Falls Convention as the moment when the push for women’s suffrage first gained national prominence. By 1851, at the second National Women’s Rights Convention in Worcester, Massachusetts, the issue of women’s right to vote had become a central tenet of the women’s rights movement.

Cross posted from The Stars Hollow Gazette

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July 18 is the 199th day of the year (200th in leap years) in the Gregorian calendar. There are 166 days remaining until the end of the year.

On this day in 1940, Franklin Delano Roosevelt, who first took office in 1933 as America’s 32nd president, is nominated for an unprecedented third term. Roosevelt, a Democrat, would eventually be elected to a record four terms in office, the only U.S. president to serve more than two terms.

Roosevelt was born January 30, 1882, in Hyde Park, New York, and went on to serve as a New York state senator from 1911 to 1913, assistant secretary of the Navy from 1913 to 1920 and governor of New York from 1929 to 1932. In 1932, he defeated incumbent Herbert Hoover to be elected president for the first time. During his first term, Roosevelt enacted his New Deal social programs, which were aimed at lifting America out of the Great Depression. In 1936, he won his second term in office by defeating Kansas governor Alf Landon in a landslide.

Election of 1940

The two-term tradition had been an unwritten rule (until the 22nd Amendment after his presidency) since George Washington declined to run for a third term in 1796, and both Ulysses S. Grant and Theodore Roosevelt were attacked for trying to obtain a third non-consecutive term. FDR systematically undercut prominent Democrats who were angling for the nomination, including two cabinet members, Secretary of State Cordell Hull and James Farley, Roosevelt’s campaign manager in 1932 and 1936, Postmaster General and Democratic Party chairman. Roosevelt moved the convention to Chicago where he had strong support from the city machine (which controlled the auditorium sound system). At the convention the opposition was poorly organized but Farley had packed the galleries. Roosevelt sent a message saying that he would not run, unless he was drafted, and that the delegates were free to vote for anyone. The delegates were stunned; then the loudspeaker screamed “We want Roosevelt… The world wants Roosevelt!” The delegates went wild and he was nominated by 946 to 147 on the first ballot. The tactic employed by Roosevelt was not entirely successful, as his goal had been to be drafted by acclamation. The new vice presidential nominee was Henry A. Wallace, a liberal intellectual who was Secretary of Agriculture.

In his campaign against Republican Wendell Willkie, Roosevelt stressed both his proven leadership experience and his intention to do everything possible to keep the United States out of war. In one of his speeches he declared to potential recruits that “you boys are not going to be sent into any foreign war.” He won the 1940 election with 55% of the popular vote and 38 of the 48 states. A shift to the left within the Administration was shown by the naming of Henry A. Wallace as Vice President in place of the conservative Texan John Nance Garner, who had become a bitter enemy of Roosevelt after 1937.

Cross posted from The Stars Hollow Gazette

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July 17 is the 198th day of the year (199th in leap years) in the Gregorian calendar. There are 167 days remaining until the end of the year.

On this day in 1998, a diplomatic conference adopts the Rome Statute of the International Criminal Court, establishing a permanent international court to prosecute individuals for genocide, crime against humanity, war crimes, and the crime of aggression.

The Rome Statute of the International Criminal Court (often referred to as the International Criminal Court Statute or the Rome Statute) is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of March 2011, 114 states are party to the statute. Grenada will become the 115th state party on 1 August 2011. A further 34 states have signed but not ratified the treaty. Among other things, the statute establishes the court’s functions, jurisdiction and structure.

Under the Rome Statue, the ICC can only investigate and prosecute in situations where states are unable or unwilling to do so themselves. Thus, the majority of international crimes continue to go unpunished unless and until domestic systems can properly deal with them. Therefore, permanent solutions to impunity must be found at the domestic level.

History

Following years of negotiations aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes and the recently defined crimes of aggression, the United Nations General Assembly convened a five-week diplomatic conference in Rome in June 1998 “to finalize and adopt a convention on the establishment of an international criminal court”. On 17 July 1998, the Rome Statute was adopted by a vote of 120 to 7, with 21 countries abstaining.[5] The seven countries that voted against the treaty were Iraq, Israel, Libya, the People’s Republic of China, Qatar, the United States, and Yemen.

On 11 April 2002, ten countries ratified the statute at the same time at a special ceremony held at the United Nations headquarters in New York City, bringing the total number of signatories to sixty, which was the minimum number required to bring the statue into force, as defined in Article 126. The treaty entered into force on 1 July 2002; the ICC can only prosecute crimes committed on or after that date. The statute was modified in 2010 after the Review Conference in Kampala, Uganda, but the amendments to the statute that were adopted at that time are not effective yet.

The Rome Statute is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of 19th century, the international community took the first steps towards the institution of permanent courts with supranational jurisdiction. With the Hague International Peace Conferences, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit the use of technologically advanced weapons. After World War I and even more after the heinous crimes committed during World War II, it became a priority to prosecute individuals responsible for crimes so serious that needed to be called “against humanity”. In order to re-affirm basic principles of democratic civilisation, the alleged criminals were not executed in public squares or sent to torture camps, but instead treated as criminals: with a regular trial, the right to defense and the presumption of innocence. The Nuremberg trials marked a crucial moment in legal history, and after that, some treaties that led to the drafting of the Rome Statute were signed.

UN General Assembly Resolution n. 260 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide, was the first step towards the establishment of an international permanent criminal tribunal with jurisdiction on crimes yet to be defined in international treaties. In the resolution there was a hope for an effort from the Legal UN commission in that direction. The General Assembly, after the considerations expressed from the commission, established a committee to draft a statute and study the related legal issues. In 1951 a first draft was presented; a second followed in 195] but there were a number of delays, officially due to the difficulties in the definition of the crime of aggression, that were only solved with diplomatic assemblies in the years following the statute’s coming into force. The geopolitical tensions of the Cold War also contributed to the delays.

Trinidad and Tobago asked the General Assembly in December 1989 to re-open the talks for the establishment of an international criminal court and in 1994 presented a draft Statute. The General Assembly created an ad hoc committee for the International Criminal Court and, after hearing the conclusions, a Preparatory Committee that worked for two years (1996-1998) on the draft. Meanwhile, the United Nations created the ad hoc tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) using statutes-and amendments due to issues raised during pre-trial or trial stages of the proceedings-that are quite similar to the Rome Statute.

During its 52nd session the UN General Assembly decided to convene a diplomatic conference for the establishment of the International Criminal Court, held in Rome 15 June-17 July 1998 to define the treaty, entered into force on 1 July 2002.