Tag Archives: 1807

May the Fourth be with You (and with thy Spirit)…. May 3rd was Day of the Holy Cross (in the Old BCP anyhow); Warnings from History about the Coming Dark Age: May 3 is also Polish Constitution of 1791 Day, and the 60th Anniversary of the Youngstown Sheet & Tube Company Petition for Certiorari

Yes, May the Fourth is international Star Wars Day (“May the Fourth be with You”—but watch out for the “Revenge of the Fifth”), and yesterday, all over Western Christendom, is or at least used to be called “the Day of the Holy Cross” (this construction of the Calendar is sometimes said to be a “Gallican” custom, involving the mixture of Celtic rites of Beltane [May Day] with Christianity, in the time of Saint Gregory of Tours and other such French sources predating the time of Charlamagne*, but even as a 20th century Anglican/Episcopalian, I grew up thinking that Constantine’s Mother the Empress Helen**  went to Jerusalem and found the “true Cross” fragments on May 3, and when I started traveling to and living in Mexico I found that the Mexicans [in "Veracruz" and elsewhere] still celebrate the 3rd, notwithstanding anything Pope John XXIII did the year I was born [1960], and the Maya of Yucatán—see my birthday greetings for Pedro Un Cen on May 1—still celebrate May 3 as the day that the Chaacs (the Ancient Maya Raingods) return to the land from the East to start the beginning of the rainy season, but Last things first:

POLISH CONSTITUTION OF 1791 Day: A Warning for our Time

Most Americans have heard of American Revolutionary War hero General  Andrzej Tadeusz Bonawentura Kościuszko (at least by the shorter version of his name: Tadeusz Kosciuszko).  He came to the United States to assist in the War of Independence for no reason other than he thought it was the right thing to do.  He was a volunteer Patriot in Founding a country 1/3 of the way around the world from his homeland.  

I have the feeling that Kosciuszko lived to feel even more defeated than John W. Davis….(see my adjoining post on the 60th Anniversary of the Youngstown Sheet & Tube Petition for Writ of Certiorari) possibly more like Jefferson Davis must have felt…..  

Kosciuszko lived long enough after the American Revolution to see first the French Revolution, then the final partition of his own homeland by three of the major powers OPPOSED to the French Revolution, the restoration of the core of his homeland (briefly) between 1807 and 1815, and then the final re-annexation of Poland by Russia after the Congress of Vienna in 1815—a situation which would endure for another 104 years….

After helping launch the American nation, with a career comparable and in some ways parallel to the actions of the Marquis de Lafayette in France, Kosciuszko went back to his native Poland where he tried to rebuild and save his own nation, and modernize its constitution in light of what he had learned and seen in America. I have previously, on this blog, mentioned the wonderful Polish Professor Wiktor Osiatynski under whom I was privileged to study at the University of Chicago 1990-1991 and my fascination with the Polish nation and constitutional history has never ceased since then.  Poland is a Phoenix-like nation having been consumed by fire into ashes and portioned by its neighbors Germany and Russia at least twice (and Austria once).  The metaphoric image of the mythical Phoenix arising from its flames parallels takes on added and appropriate meaning given Poland’s association with the City and University of Chicago, not least since Chicago is the largest Polish-speaking urban area anywhere outside of Poland and the City itself has at least once or twice in history arisen from the flames (after the Great Fire of 1871, but arguably again after the riots of 1968 also…).  

On May 3, Poland celebrated the 221st anniversary of the Constitution of 1791, the last Constitution before the two final (18th century) partitions of Poland 1793-1795.   The Twentieth Century Partition of Poland, between Nazi Germany and Stalinist Russia was in a thousand ways much worse, more brutal, more destructive, but also much shorter in duration.  The 18th Century Partitions of Poland were reversed by the Emperor Napoleon I Bonaparte in 1807 as he vainly tried to restrict and limit the power of Prussia.  The Von Ribbentrop-Molotov (aka “Stalin-Hitler”) Pact of 1941 was reversed a mere four years later, but not before Poland had not only been savaged by Nazi occupation but by the Stalinist reprisal which, in terms of meaningful reality, involved much vaster forced migrations than any that history had ever seen, and comparable only to the forced internal migrations (poorly documented though they are) which took place in Maoist China during the “Cultural Revolution”.  

Now you might ask, why should an American care about learning the details of Polish Constitutional History?  As Professor Wiktor Osiatynski made us all aware in the two courses he taught that year at the University of Chicago, Poland’s constitutional history was a major source of its downfall.  Prior to meeting and studying with Wiktor, my primary familiarity with recent modern Poland had been a vague knowledge of the partitions of the late 18th century, the fact that Napoleon I had created the Duchy of Warsaw, and that Chopin and many other 19th century artists had gained fame for the culture of Poland and quietly advocated the restoration of Polish Sovereignty and Nationality.

Of course, I had also been very generally aware from a lifetime obsession with historical cartography, I was aware that Poland had once been the largest nation in Europe—a fact, again, which probably very few Americans must know.***  Yes, the combination of the Grand Duchy of Lithuania and the Kingdom of Poland once not merely “dominated” but in effect “was” all of Eastern Europe—controlling during most of the 15th-early 18th Centuries all of the territory from the Baltic to the Black Seas, dwarfing “barbarous” Russian during most of that time, although Russia started climbing out of an inferior position in the 16th century, though it did not achieve “world nation” status until the 18th under Peter and Catherine the Great.  

But indeed, the Constitutional History of Poland and Lithuania together is very interesting, and historically relevant for Americans, especially in this day and age.  Lithuania, so it was forced to ally more closely with Poland, uniting with its western neighbor as the Polish-Lithuanian Commonwealth (Commonwealth of Two Nations) in the Union of Lublin of 1569. According to the Union many of the territories formerly controlled by the Grand Duchy of Lithuania were transferred to the Crown of the Polish Kingdom, while the gradual process of Polonization slowly drew Lithuania itself under Polish domination. The Grand Duchy retained many rights in the federation (including a separate government, treasury and army) until the May 3 Constitution of Poland was passed in 1791. 

I submit to you, “my fellow Americans” that we today are much like Poland—because of the abrogation of our traditional Federal Union into a centralized dictatorship, we are weak and face extinction, division, and perhaps even partition between, say, China, Mexico, and a resurgent Europe.  

* Pope Adrian I between 784 and 791 sent Charlemagne, at the King of the Franks’ personal request, a copy of what was considered to be the Sacramentary of Saint Gregory, which certainly represented the Western Roman “Early Dark Ages” use of the end of the eighth century.  This book, far from complete, was edited and supplemented by the addition of a large amount of matter derived from the Gallican books and from the Roman book known as the Gelasian Sacramentary, which had been gradually supplanting the Gallican. The editor may well have been Charlemagne’s principal liturgical advisor, the  Englishman Alcuin. Copies were distributed throughout Charlemagne’s empire, and this “composite liturgy”, as Duchesne says, “from its source in the Imperial chapel spread throughout all the churches of the Frankish Empire and at length, finding its way to Rome gradually supplanted there the ancient use”. More than half a century later, when Charles the Bald wished to see what the ancient Gallican Rite had been like, it was necessary to import Hispanic priests to celebrate it in his presence, because the Gallican rite took root firmly in Toledo, Viscaya, Aragon, Catalunia, and elsewhere in the land of the Christian Visigoths of Hispania before the arrival of the Moors (and survived there ever after, even during the Caliphate of Cordoba—which resilience explains why May 3 remains the Day of the Holy Cross everywhere in Latin America).

The Luxeuil Lectionary, the Gothicum and Gallicum Missals, and the Gallican adaptations of the Hieronymian Martyrology are the chief authorities on this point, and to these may be added some information to be gathered from the regulations of the Councils of Agde (506), Orléans (541),Tours (567), and Mâcon (581), and from the “Historia Francorum” of St. Gregory of Tours, as to the Gallican practice in the sixth century.

** Constantine’s Mother the Empress Helen did a lot of traveling and established a lot of Churches.  Named after Helen of Troy, Empress Helen kept the name alive and popular among the Christians, and it was the Empress Helen, I am told, after whom were named both my Louisiana-born grandmother who raised me with love and my Greek-born wife who razed me with something else.

***For my lifelong obsession with maps, I have mostly my mother to blame, because she bought me so many Atlases–Shepard’s Historical Atlas, Oxford Historical Atlas, just for starters–when I was very small and for some reason decorated my boyhood room with a collection historical individually framed maps of almost every county in England, Wales, & Scotland—this led to my grandparents, somewhat later, always putting me in charge of studying the maps when we traveled and making reports on local geography as we did—Baedeker was almost like a family friend, and sometimes AAA and National Geographic.

It’s called “initiative” (on the failure of compulsory education, welfare, and just about everything else)(also: Peyton climbed a tree)

President Murkey Muffley to Prime Minister Dimitri Kissoff: “Dimitri! Dimitri, I’m sorry they’re jamming your radar and flying so low, but they’re trained to do it. You know, it’s … it’s… it’s called “initiative!” From “Dr. Strangelove: or, How I stopped worrying, and came to love the bomb”, January 1964, Stanley Kubrick & Peter Sellers (originally scheduled for release on November 22, 1963—cancelled due to other events that day in Dallas, Texas).

Kathy Lawson just called from Palm Beach suggesting that we try to arrange to testify regarding state-licensed marriage, marital law, and dissolution before the Florida legislature next session.  I said I would be delighted.

I have had a horrible “summer cold” or upper respiratory tract infection of some sort or other this week.  But the work keeps piling up from all over and at least some of it must be done immediately or at least slightly on time.  And so, last night, when Peyton and I were up all night at Jerry’s Famous Deli on Beverly Boulevard working on filings in Texas, I was spaced out, dizzy, especially towards the end of our work session, and somehow lost the keys to my Westwood apartment.  The normal option would be to sleep on Theodore’s couch—where I always fall asleep anyhow, or down the street in Peyton’s spare bedroom, waiting until morning to get a replacement key from the Condo management.  But I suggested we stop by (at 4:30 a.m., to see whether any neighbors were awake to let me in—none were).  But Peyton saw the gigantic vine covered tree that led up to my balcony, asked me whether I locked my balcony sliding door (I don’t—never considered a five story apartment balcony to be much of a security risk or target) and within five minutes Peyton had brachiated from tree trunk to building ledge several times and let me in, a five story building being nothing to this chap half my age (I might have been able to do that at 27, but I’m not sure I would have made it look quite as effortless as Peyton did).  This is a tribute not only to Peyton’s youthful health and agility but also to something I see so very little of in anyone these days: it’s called “Initiative.”

The great dearth of initiative has been illustrated to me in my search for another assistant, paralegal, because we just have too much work for Peyton to carry the load all by himself.  I was interviewing a reasonably well-qualified woman in Brentwood the other night and she reacted in horror at the idea that she might have to do searches on Westlaw unsupervised, or have to review the Rules of Civil Procedure on her own to answer certain questions.  ”I’m used to just going down the hall and asking questions every fifteen minutes.”  This is called the complete absence of initiative.

While convalescing from whatever it is that ails me, I have been reading Soldiers, Scoundrels, Poets, & Priests: stories of the men & women behind the Missions of California by David J. McLaughlin.  2004, Scottsdale, Az: Pentacle Press).

Chapter 13 of this book concerns Mariano Guadalupe Vallejo (founder of Rancho Petaluma and, indirectly, “Godfather” of the Northern California/Sonoma wine industry).   His father Ignatio Vallejo was apparently a wildly philandering sergeant in the Royal Spanish Army, born in Jalisco, New Spain/Mexico, who accompanied the troops who accompanied Fray Junipero Serra in building the early California Missions 1769-1985.  Sergeant Ignacio was at one stage compelled to marry a girl because she was of quasi-noble or at least “creole” (one generation from “Peninsular”) birth, even if she showed some gypsy-like behavior in running away with this Sergeant.  As I read I couldn’t help but wonder if this several-times jailed Sergeant (“Brigardier”) weren’t model for Don Jose in Carmen, but I suppose there could have been many like him…  Sergeant Vallejo’s conduct was apparently so reprehensible that the Padres of several missions tried to control him, to no avail, and, like Don Jose in Carmen,

In a West Coast version of the Horatio Alger Story, aka “the American Dream” the Spanish Army Sergeant’s son at age 29 became “Commandante General” of California in the Mexican and 17 years later of the “Bear Flag” Republic of California Armies.  During the short-lived California Republic, Vallejo commanded Sutter’s Fort, near Sacramento, just a few months before Gold was discovered—changing California history forever.

General Vallejo’s life was clearly a frontier life, legendary from and perhaps unique to the “Wild West” driven by his own incredible intelligence and personal initiative at every stage.  Long before he was a General, a revolutionary advocating admission to the United States, and even before he started viticulture at Rancho Petaluma in Sonoma, in 1834, Mariano Guadalupe Vallejo was personal secretary to the Governor of California at age 15, whose duties included keeping track of all state business.  In this capacity, Vallejo personally executed and recorded in his own handwriting (there being no typewriters or even government printing presses in Alta California back then the transfer of allegiance of that Governor [and all of Alta California] from Spain to Mexico in 1822).

However, I was actually struck by [and inspired to report here] a rather obscure footnote in this history—Vallejo’s Tutor.  A man of Vallejo’s stature could be compared to a Western American “Alexander the Great” and one could imagine that his tutor was an “Aristotle” of La Nueva Espana, or at least a dedicated Padre of the Spanish missions who might have seen some potential in the bright son of a rather rapscallious sleep-around sergeant.

But no, Mariano Guadalupe Vallejo’s tutor was an English “hide and tallow trader” by the name of William Hartnell, who taught Vallejo “English, French, and Latin.”  This must have been quite an accomplishment, done entirely from memory, on the part of Hartnell.  The book says that in the 1850s, Vallejo purchased his old Tutor’s papers from his Tutor’s widow “when no one else would buy them.”  Now, even if this “hide and tallow trader” carried a hundred  books with him on his journeys, which I would rather sincerely doubt he did, it is doubtful that he brought with him any instructional grammar books or dictionaries in any of these languages, so in the second decade of the 19th century, we have evidence of this man Hartnell, not engaged in any particularly “noble” trade, knowing at least four languages sufficiently to teach them to a young boy who would later serve (at 11-12 as Hartnell’s own clerk) and then by 15 be appointed as secretary to the Governor.

One wonders what child-labor advocates would say about all this.  Was Vallejo the beneficiary or the victim of being put to work at age 10 as a clerk?

Because there were no “welfare” laws—no prohibitions against child labor—Vallejo had the opportunity to distinguish himself as an early age.  There were no “public schools” in California during the years when he was growing up.  There are very few (if any!) graduates of California public schools today who would claim to be fluent in English, French, Spanish, and Latin.  If there are any such graduates—I wish they’d write to me because THEY are showing “initiative” to conquer the limits imposed by a welfare-oriented government and compulsory education.

I contemplate the lives of Mariano Guadalupe Vallejo and his tutor William Hartnell and I wonder if the likes of them exist anywhere in California or America today, and if not, why not?