Historical – Page 11 – The Intelligent Collector Magazine

Our Wishes, Passions Cannot Alter the State of Facts

“The Big Three” – Churchill, FDR and Stalin – at the Yalta Conference, Feb. 4, 1945.

By Jim O’Neal

In February 1945, with the war in Europe winding down, the time had come for President Franklin Roosevelt, British Prime Minister Winston Churchill and Soviet Premier Joseph Stalin to decide the continent’s postwar fate. They agreed to meet at the Black Sea port of Yalta to discuss the plan.

Each man arrived on Feb. 4, along with an entourage of diplomats, military officers, soldiers and personal aides. Among those attending for Great Britain were Alexander Cadogan, under-secretary for foreign affairs, and Anthony Eden, Britain’s foreign secretary. Stalin was accompanied by his minister of foreign affairs, Vyacheslav Molotov, and the Soviet ambassador to the United States. Roosevelt brought Secretary of State Edward Stettinius and Averell Harriman, U.S. ambassador to the Soviet Union.

Roosevelt, recently elected to a fourth term, also brought along daughter Anna as his personal assistant, instead of wife Eleanor.

Aside from agreeing to the unconditional surrender of Germany, their agendas could not have been more different. While Stalin was firmly committed to expanding the USSR, Roosevelt and Churchill focused on the war in the Pacific. They hoped Stalin would declare war on Japan once Germany surrendered. Unbeknownst to Churchill, Roosevelt secretly secured the Soviet dictator’s cooperation by agreeing to grant the Soviets a sphere of influence in Manchuria once Japan capitulated.

The Allied leaders also discussed dividing Germany into zones of occupation. Each of the three nations, as well as France, would control one zone. Churchill and Roosevelt also agreed that all future governments in Eastern Europe would be “friendly” to the Soviet Union. Stalin agreed to allow free elections in each of the liberated Eastern European countries.

There was also a great deal of debate over Poland, but it was all a series of empty, almost laughable promises from Stalin in return for consenting to help with the establishment of the United Nations, which Roosevelt desperately wanted to create. He sincerely believed this new organization would step in when future conflicts arose and help countries settle their disputes peacefully.

The initial reaction to the Yalta agreements was one of celebration, especially in the United States. It appeared that the Western Allies and the Soviets would continue their wartime cooperation into the postwar period. Some historians continue to debate the impact of the conference. However, the facts are crystal clear. By spring, hopes of any continued cooperation had evaporated. After Yalta, Stalin quickly reneged on his promises concerning Eastern Europe, especially the agreement to allow free elections in countries liberated from Nazi control.

The USSR created an Iron Curtain and installed governments dominated by the Soviet Union. The one-time pseudo Allies found themselves on a more treacherous and dangerous path to another more ideologically driven one – the aptly named Cold War. Was FDR too tired and sick? He died two months after Yalta on April 12, 1945, at age 63. Was Churchill out of the loop or drinking heavily (or both)?

Seventy-plus years later, we are still consumed with Russian aggression in Crimea, Ukraine, Syria and the Baltics.

“Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence,” said lawyer and future president John Adams in 1770, while defending British soldiers in the Boston Massacre trial.

Intelligent Collector blogger JIM O’NEAL is an avid collector and history buff. He is president and CEO of Frito-Lay International [retired] and earlier served as chairman and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Maybe the Island of Niue Can Teach the World a Few Things

The first European to sight Niue was Captain James Cook in 1774.

By Jim O’Neal

After recently analyzing foreign travel statistics, I saw that 157 people traveled from the United States to the South Pacific island of Niue in 2015 (latest census data).

This seemed high to me as I recall one of Captain James Cook’s logs had indicated he tried three times to visit Niue in 1774, but eventually gave up. The inhabitants of this small island were painted as “savages” (hence Savage Island) and had a red substance on their teeth that resembled blood. It was later determined that it was from eating hulahula, an innocuous red banana.

Sensing that things had changed in the 240-plus intervening years, I was more than surprised by the following data:

In 1889, they petitioned Queen Victoria to “stretch out towards us your mighty hand, that Niue may hide herself in it and be safe.” The ploy eventually must have worked since the Niue Constitution Act vests executive authority in Her Majesty the Queen in the Right of New Zealand. On my numerous trips to New Zealand, Niue had a reputation for a great whale-watching spot (something I regret missing).
In 2003, Niue became the first country in the world to offer free wireless internet to all inhabitants.
They are reputedly close to becoming the world’s first fully organic nation.
As a leader in green energy, they are in transition to 100 percent solar power.
In 2008, Niue became the first country in the world to provide laptop computers to all students. I suspect they have upgraded to smartphones and tablets by now.
Elections are held every three years. Since they do not allow political parties (everyone is an independent), term limits are not needed. This preserves the institutional memory.

In 2004, Niue was hit by a cyclone that disrupted the Niue Integrated Strategic Plan (NISP). The good news is that they still managed to pay off their national debt and are finally “debt free” – something the U.S. managed to accomplish in the administration of Andrew Jackson.

They have zero population growth so issues like unfunded pensions (e.g. SSA) or long-term healthcare liabilities should not be an issue for the next generation – something our Millennials will eventually find out about. “What?! You spent all our money and left us bankrupt?”

Rumor has it the people of Niue are puzzled by the inability of most modern nations to simply spend less than they make, and by the partisan rancor that causes so much gridlock and divisiveness. As you might recall, even our first president, George Washington, warned about the dangers of political parties.

Go Niue!

American Forces Quickly Rallied to Face German Aggression

Tom Lovell’s *World War I Soldiers on Horseback*, painted for a magazine story illustration, sold for $8,750 at a March 2012 Heritage auction.

By Jim O’Neal

At the start of 1917, only four months before the United States declared war on the German Empire, the U.S. army totaled 107,641 men. Sixteen other nations had larger armies. Another major weakness was the lack of recent experience in large-scale military operations. It had been a full 51 years since the armistice at Appomattox had ended the Civil War and many things had become rusty in the interim.

Also, somewhat remarkably, there was no modern military equipment heavier than medium-size machine guns!

Even the National Guard was larger (132,000 men), but this part-time militia was dispersed among the 48 states, generally poorly trained, and any federal oversight was unusually lax. One sparkling exception was the U.S. Marine Corps, over 15,000 first-class troops. However, they were scattered throughout the Western Hemisphere in America’s possessions and in Central American republics, acting as police in the aftermath of the 1898 Spanish-American War.

Despite this bleak situation, and because the Germans had committed far too many acts of war, on April 2, President Woodrow Wilson requested a joint session of Congress. On April 6, the U.S. Congress voted overwhelmingly to go to war. The vote in the Senate was 82-6 in favor (with eight abstentions) and 373-50 in the House, with Jeannette Rankin of Montana in the minority. In 1941, she would become the only member of Congress to vote against declaring war on Japan after Pearl Harbor.

Yet, by June 1917, the commander of the American Expeditionary Force, General John J. Pershing, had arrived in France and on July 4, American Independence Day, elements of his 1st Division paraded in the streets of Paris. Throughout the following months, fresh units of an Army designed to reach a strength of 80 divisions – nearly 3 million men – continued to arrive. By March 1918, 318,000 men had reached France, the vanguard of 1.3 million to be deployed, and not a single one had been lost to enemy action in oceanic transport.

Rare are the times in great wars when the fortunes of one side are transformed by the sudden accretion of reinforcements. Napoleon’s enemies in 1813 when the Russian army joined Britain/Austria … the North in our Civil War when the adoption of conscription added millions versus the South’s hundreds of thousands … 1941 when Adolf Hitler’s stupid declaration of war on the United States, followed by Japan’s ill-advised action, saved an isolated Britain and an almost defeated Soviet Union.

This was another of those times, when Germany had declared unrestricted war in the Atlantic in the flawed calculation that the war would be over in Europe before the United States could mobilize.

As philosopher George Santayana so wisely observed, “Those who cannot remember the past are condemned to repeat it” and “Only the dead have seen the end of war.”

Shortly After His Inauguration, Wilson Pivoted and Entered World War I

This World War I Tank Corps recruitment poster, issued by the U.S. government in 1917, sold for $8,962.50 at a July 2014 Heritage auction.

By Jim O’Neal

On Jan. 31, 1917, Germany’s Navy Admiral Eduard von Capelle assured his nation’s parliament, Americans “will not even come, because our submarines will sink them. Thus America from a military point of view means nothing, and again nothing and for a third time nothing.”

American President Woodrow Wilson had been re-elected just months earlier on a campaign slogan of, “He kept us out of war.” Although the Germans were regularly sinking American ships in the Atlantic, Wilson had consistently declared, “America is too proud to fight.” However, a month after his inauguration, he led Congress to vote to enter World War I.

The 1916 presidential election was almost as bizarre as the one we suffered through in 2016. In this case, an incumbent president (Wilson) was running against Supreme Court Justice Charles Evans Hughes, the Republican candidate. Wilson’s win was the first time a Democratic Party candidate had won two consecutive presidential elections since Andrew Jackson (1832).

But before the election, Democrats were so uncertain about their chances that they developed a radical plan to avoid leaving a potential four-month, lame-duck vacuum with war raging in Europe. It consisted of appointing president-elect Hughes (if he had won) as Secretary of State, followed by the resignation of Wilson’s vice president, Thomas Marshall. This would allow the new president to take residence in the WH immediately and avoid the gap until the scheduled March 1917 inauguration.

The Progressive Republicans had already essentially forfeited their chances by selecting Teddy Roosevelt for president and he had sent a telegram refusing their offer. The vice presidential candidate had already decided to support Hughes so that was out as well.

Admiral Capelle’s “they will never come” statement became one of history’s worst declarations when on May 29, the Allies launched a three-hour barrage of fire that exceeded what both sides fired during the entire four-year Civil War. The $180 million equated to $1 million of ordnance every 60 seconds. I suspect the folks in Afghanistan recently experienced something similar.

You can never tell about these American presidents.

People of South Carolina were Eager, Even Jubilant, to Start an All-Out War

This Confederate albumen photograph of Fort Sumter, taken two days after Union Major Robert Anderson surrendered, sold for $1,875 at a June 2015 Heritage auction.

By Jim O’Neal

Fort Sumter, S.C. – site of the first battle of the Civil War – was located on an artificial island inside the entrance to Charleston Harbor. A pentagon with block walls 300 feet long, 40 feet high and up to 12 feet thick was still under construction in late 1860.

On Dec. 26, U.S. Army Major Robert Anderson moved his troops from Fort Moultrie, at the edge of the harbor entrance, to Fort Sumter to reduce their exposure to an attack. Just days earlier, South Carolina had declared their state an independent republic and they resented the “foreign” U.S. flag. They considered Anderson’s transfer of troops an act of aggression.

They considered it another hostile act when the lame-duck James Buchanan administration sent an unarmed merchant ship with reinforcements in January 1861. As the ship approached Charleston Harbor, shore batteries opened fire and forced it to turn back.

Apparently, few recognized how eager (perhaps more than just eager) the people of South Carolina were to start an all-out war against what they considered the oppression of the North. Some even prayed for it to start.

On Feb. 15, 1861, the Confederate Provisional Congress in Montgomery secretly resolved that “immediate steps should be taken to obtain possession of both Fort Sumter and Fort Pickens … either by negotiation or force.” Confederate President Jefferson Davis then dispatched three commissioners to Washington to try diplomatic negotiations. However, he also ordered P.G.T. Beauregard (full name Pierre Gustave Toutant Beauregard) to take command of the harbor and start formal preparations for the use of force.

General Beauregard (one of only eight full generals in the Confederacy … ever) proceeded to extend and enlarge the batteries, targeting the fort. His preparations nearly complete, he advised President Davis on March 27 that expulsion of the Union troops “ought now to be decided in a few days.” Davis replied that Anderson should not be allowed to buy provisions in Charleston.

Want to start a war? Surround a fort with canons … cut off any reinforcements … and restrict its provisions. Then get a match and prepare to light the fuse.

On April 10, Beauregard was ordered to demand an evacuation of Fort Sumter, and if refused, to “reduce it.”

On April 12, 1861, 50 Confederate guns and mortars launched more than 4,000 rounds on an ill-equipped Fort Sumter. They surrendered after 34 hours. Two days later, President Lincoln called for 75,000 volunteers to quell the “insurrection.” The president was not willing to start a war over the slavery issue, but the taking of federal property was leading to disunion, something the president was not going to allow, even if it meant all-out war.

The U.S. flag would not be raised over Fort Sumter again until April 14, 1865, exactly four years after the surrender. Who would have guessed? Obviously, few if any of the people who were so jubilant when the war started and so utterly demoralized when it ended.

Kennedy’s Court Appointments Kept World of Judiciary at Peace

This copy of *PT 109*, signed by John F. Kennedy, author Robert J. Donovan and surviving crew members, sold for $13,750 at a December 2016 Heritage auction. The book tells the story of one of the most important episodes in Kennedy’s life.

By Jim O’Neal

When war broke out in 1939, all the Rhodes Scholars in England were sent home and this included Byron “Whizzer” White. He went back to Yale and graduated from its law school with honors. Then, in 1942, he enlisted in the Navy, as so many others did. He was serving in the Solomon Islands as PT boat squadron skipper and intelligence officer when John F. Kennedy was a PT boat officer. It was White who personally wrote the official account of the battle events that were later portrayed in the book and movie PT 109.

Flash forward 20 years and there was a famous photo of a smiling Kennedy, now president of the United States, pointing at the front-page headline of the New York Herald Tribune – “WHIZZER WHITE TO SUPREME COURT – LAWYER, NAVAL OFFICER, FOOTBALL STAR.” It was JFK’s first appointment to the Supreme Court.

In August 1962, President Kennedy got a second bite at the same apple. Justice Felix Frankfurter, once styled as “the most important single figure in our whole judicial system,” bowed to the effects of a stroke and announced his retirement. The president acceded to his request and called a press conference to announce he had chosen Secretary of Labor Arthur Goldberg as the replacement.

This was not a great surprise, since the 54-year-old labor expert was well-qualified and eager to join the court. The only slight reluctance was his close personal relationship to the president and the loss of a highly valued cabinet position. However, both Chief Justice Earl Warren and Frankfurter himself supported the decision and it was made.

The nation’s reaction was universally favorable and the Senate Judiciary Committee was in total agreement. Goldberg was confirmed by the full Senate, with only Senator Strom Thurmond recording his opposition. Thus the new justice was able to take his seat on the court in time for the October 1962 term. The world of the judiciary was at peace, even after the tragic events in Dallas in November 1963 and the Warren Commission investigation that followed.

However, after a mere three years on the Supreme Court, President Lyndon B. Johnson decided that Justice Goldberg should resign from the court and become ambassador to the United Nations, succeeding Adlai Stevenson. It now seems clear that LBJ’s motive was the naive hope that someway Goldberg might be able to negotiate an end to the nightmare in Vietnam. Goldberg was strongly opposed to the move, but as he explained to a confidant, “Have you ever had your arm twisted by LBJ?”

Supposedly, there was also a clearly implied understanding of an ultimate return to the court, which obviously never materialized. Neither did an LBJ suggestion that Goldberg might be a candidate for the 1968 vice-president slot – another false hope that was mooted by LBJ’s decision not to seek reelection.

Lost in all of this was the fact that Goldberg’s intended replacement on the court, Abe Fortas, had repeatedly declined LBJ’s offers to be a Supreme Court justice. In fact, poor Abe Fortas never said yes. The president simply invited him to the Oval Office and informed him that he was about to go to the East Wing “to announce his nomination to the Supreme Court” and that he could stay in the office or accompany him.

Fortas decided to accompany the president, but to the assembled reporters he appeared only slightly less disenchanted than the grim-faced Goldberg, with his tearful wife and son by his side. Goldberg had reluctantly agreed to become ambassador to the United Nations and commented to the assembled group, “I shall not, Mr. President, conceal the pain with which I leave the court.”

It was a veritable funereal ceremony – except for a broadly smiling LBJ, who had once again worked his will on others, irrespective of their feelings. The man certainly did know how to twist arms – and I suspect necks and other body parts – until he achieved his objectives.

He was sooo good at domestic politics, it seems sad he had to also deal with foreign affairs, where a different skill set was needed.

Public Intrigued by Private Lives of Nixon Daughters

This signed family portrait of the Nixons, showing the first daughters and their husbands, sold for nearly $200 at an April 2012 auction.

By Jim O’Neal

By most accounts, Patricia “Tricia” Nixon was the most beautiful of all White House brides. She was featured alone as the cover story on Life magazine not once but twice. By January 1971, the public was fascinated by her romance with Edward Finch Cox, a young Harvard Law student who had once worked with consumer activist Ralph Nader and written for the liberal New Republic.

Tricia and Ed came from opposite social and political poles. The young Mr. Cox could trace his lineage to a signer of the Declaration of Independence. His parents both had social pedigrees and spent their summers at the Long Island estate that had been in the family for six generations.

Richard Nixon was already a lightning rod for an increasingly adversarial media and traveled in much different circles. He had earlier defended himself from using a private fund for personal use by showcasing his modest lifestyle. He bragged that his wife could not boast of a mink coat, but owned a “respectable Republican cloth coat.”

Ed accompanied Tricia to the International Debutante Ball and discovered they had a lot in common. He was “aloof and private,” and she often avoided White House events and was called the “Howard Hughes of the WH” by her popular younger sister Julie. In fact, when Julie married Dwight David Eisenhower II in 1968, it was a small, private ceremony performed by minister and bestselling author Norman Vincent Peale. This alliance of the Nixon-Eisenhower dynasties was intriguing to the public, which naturally assumed Tricia was sure to follow in a more understated manner.

Surprisingly, the private Tricia chose a large White House wedding with a guest list of 400. First Lady Pat Nixon suggested a Rose Garden event and, after a long debate over the risk of rain, the date was set for June 12, 1971. Priscilla Kidder, the “doyenne of bridal outfitting,” designed the dress, and WH pastry chef Heinz Bender produced a 350-pound cantilevered cake that was dissed by some pompous food critics as a “lemony, sweetish non-entity” (tough crowd!).

There was intermittent rain in the morning, but the sun broke through right on schedule. Eighty-seven-year-old Alice Roosevelt was on hand, complaining that her seat was wet. Talking about the Nixon girls, Alice would offer one of her patented biting comments: “I like Julie better than Tricia. I’ve never been able to get on with Tricia. She seems rather pathetic, doesn’t she? I wonder what’s wrong with her?”

It has been pointed out that there were deep reasons and issues behind the famous quips of Alice Roosevelt. Sitting in her damp seat in the Rose Garden, her own glorious moment long forgotten and her famous father now covered over by multiple layers of important personalities and issues, Alice Roosevelt may have been lashing out at the only White House bride whose beauty transcended her own. Pure jealousy is a powerful emotion that takes a long time to dissipate.

The day after the wedding, Ed and Tricia were off to Camp David for their honeymoon. The New York Times broke some story about some “Pentagon Papers” from a little-known military analyst employed by the RAND Corporation. Few probably suspected that this would lead to an even more complex situation that would eventually jar the entire nation.

Fate seems to be indifferent to the emotions of mere mortals.

Nixon Was Firmly in Control … Until Dark Clouds Began Forming

A signed Richard Nixon photograph sold for $657.25 in February 2006.

By Jim O’Neal

By the time 1972 rolled around, the presidential campaign was really a story about President Nixon’s growing invincibility. In the summer, every poll gave him about 60 percent of the vote and even his tremendous financial advantage – $60 million vs. $25 million for the Dems – had little to do with the probable outcome.

Nixon was elected four years earlier on a tide of protest against the Vietnam War, but ending it seemed to be taking an eternity. 17,000 more Americans had been killed while he was trying, but by the beginning of 1972, he had reduced U.S. troop levels from 550,000 to 139,000. Importantly, the Pentagon’s weekly casualty list of 300 had dropped to zero by Sept. 21, 1972.

The sum of Nixon’s skills was a united party, led by a nominee who was now identified as the candidate of peace and détente. He had two superfluous opponents for the GOP nomination and one, Paul “Pete” McClosky from California, became an arcane trivia answer by winning 1 delegate while Nixon swept up all the rest … 1,347.

The convention stagecraft was awesome and Nixon had eliminated all the suspense by announcing his intention to keep Spiro Agnew on the ticket as his VP. (Agnew won 1,345 votes vs. one for TV journalist David Brinkley; NBC staffers quickly started wearing “Brinkley for Vice President” buttons as a joke.)

This marked the fifth time Nixon had been on the ballot – in 1952 and 1956 for VP, and in 1960, 1968 and 1972 for president. This tied FDR, who had one VP (1920) and four straight as president (1932-1944). Ronald Reagan chaired the convention and Nelson Rockefeller put Nixon’s name in nomination. GOP speakers touted their unity and hammered at the disarray on the other side.

In 1972, campaign material included George Wallace license plates.

The Democrats were still absorbed in savage internecine feuds and the battle to head the party was a melee. George McGovern very adroitly managed to make himself a dark horse to keep the glaring national spotlight off his nascent campaign. In the Florida primary, facing 11 presidential candidates, George Wallace was the big winner as a surprise candidate. He loudly crowed, “We beat all the face cards in the Democratic deck!”

By the middle of May, Edmund Muskie was out of it and the marathon was narrowing to a three-way contest between Wallace, McGovern and Hubert Humphrey. Then in May 1972 while in Maryland, Wallace was hit by a brick in Frederick, eggs in Hagerstown and six bullets in Laurel. He won both Michigan and Maryland, but for him, wounded and paralyzed, it was all over.

Then Humphrey proceeded to destroy McGovern’s chances by pointing out his quixotic stands on Israel, defense spending, welfare, labor law, unemployment compensation, taxation and even Vietnam. In three bruising debates, Humphrey obliterated any chances of McGovern to mount even a mild challenge to Nixon. The election was a blowout, with Nixon winning 49 states and nearly 62 percent of the popular vote.

McGovern rationalized his defeat by saying, “I want every one of you to remember that if we pushed the day of peace just one day closer, then every minute and every hour and every bone-crushing effort in this campaign was worth the entire effort.” I suspect he died on Oct. 21, 2012, still believing these self-delusional words.

At about the same time, the seeds of Watergate had been planted. A small unobtrusive dark cloud was forming somewhere in the atmosphere, and it would end up unraveling the entire Nixon presidency and legacy. The arc of fate is long and never-ending.

Artists Helped Establish America’s First National Park

Thomas Moran’s watercolor, pencil and gouache on paper titled *From the Top of Great Fall, Yellowstone*, 1871, sold for $51,500 in November 2014.

By Jim O’Neal

In March 1872, a tract of land beneath the headwaters of the Yellowstone River became a national park when the U.S. Congress passed an act to authorize it and President Ulysses S. Grant approved it.

A great deal of the credit belongs to two 19^th-century artists: Thomas Moran (amazing color sketches and paintings) and William Henry Jackson (brilliant photographs). They provided the real impetus to convince Congress to set aside 2.2 million acres of Wyoming, Montana and Idaho wilderness as the first national park in the United States (and probably the world).

Because Congress had a chance to see Moran’s and Jackson’s breathtaking pictures, America got Yellowstone National Park.

Before the artists’ work became widely known, little reliable proof was available to support the fanciful reports that had been trickling back East. They had started shortly after the famous Lewis and Clark journey had ended in 1806 after an epic three-year discovery which did NOT include any of the Yellowstone area.

However, there were numerous eyewitness reports from trappers and mountain men who described a strange landscape filled with boiling springs, towering geysers and foul-spelling vapors. One prominent fur trader, Warren Angus Ferris, wrote: “The largest of these wonderful fountains projects water several feet in diameter to the height of more than 150 feet.” But without images to support these claims, they were generally considered exaggerated and only partially credible.

As an aside, there was also a plain within Yellowstone called Two-Ocean Plateau, from which creeks trickled into streams that eventually passed to both the Atlantic and Pacific Oceans. The result was that Yellowstone’s melting snow peaks watered great swaths of American land. Yet none of those passing on the Oregon Trail came close enough to see it. Neither did the hardy Mormon pioneers who were heading for the valley where they would build Salt Lake City.

Even those heading for the Montana gold fields turned away at the sight of the seemingly impenetrable-looking mountains. All of them balked at the high passes that were still choked with snow in late June. So all the contemporary maps marked Yellowstone as “unexplored” and “terra incognita” or did not bother to mention it at all.

In 1860, it was probably the final important place in all of America to be so little-known.

However, by 1870, the Montana Territory was becoming populated as gold and silver were discovered. Towns were built and unknown corners of the territory were being explored. One group even headed up the Yellowstone River and what they discovered over the next six weeks was almost beyond belief. One member, Nathaniel Langford, wrote two essays for Scribner’s Magazine. They told of truly amazing things: hundred-foot geysers, enormous waterfalls, bubbling hot springs, wild-flowered meadows and towering snowcapped volcanoes.

It was the formal crowning for Yellowstone and was followed by the Ferdinand Hayden expedition, which took along Thomas Moran, the very artist who had drawn the magnificently imagined Scribner’s pictures. What he drew and painted that year and what Hayden found on his expedition put in motion a series of activities that would have lasting consequences for America’s perception of the glories of her countryside.

The 2.2 million acres exceeded the size of both Rhode Island and Delaware, and almost 5 million visitors now visit annually to see one of our country’s true national treasures.

We Have Lost Something Sacred in Today’s Judicial Nomination Process

John Jay (1745-1829) was the first Chief Justice of the United States.

By Jim O’Neal

The Supreme Court was created in 1789 by Article III of the U.S. Constitution, which stipulates “the judicial power of the United States shall be vested in one Supreme Court.” Congress organized it with the Judiciary Act of 1789.

John Jay of New York, one of the Founding Fathers, was the first Chief Justice of the United States (1789–95). Earlier, he was president of the Continental Congress (1778-79) and worked to ratify the U.S. Constitution by writing five of the Federalist Papers. Alexander Hamilton and James Madison wrote the other 85-plus essays, which were published in two volumes called “The Federalist” (“The Federalist Papers” title emerged in the 20th century).

Nearly 175 years later, in 1962, President John F. Kennedy nominated Byron Raymond “Whizzer” White to replace Associate Justice Charles Whittaker, who became chief legal counsel to General Motors (presumably with a nice salary increase). Whittaker had been the first person to serve as judge at all three levels: Federal District Court, Federal Court of Appeals, and the U.S. Supreme Court (a distinction matched by Associate Justice Sonia Sotomayor).

White was the 1960 Colorado state chair for JFK’s 1960 presidential campaign and had met both the future president and his father Joe while attending Oxford University on a Rhodes Scholarship in London when Joe Kennedy was ambassador to the Court of St James. This was after White had graduated from Colorado University Phi Beta Kappa, where he was also a terrific athlete, playing basketball, baseball and finishing runner-up for the Heisman Trophy. He is unquestionably the finest athlete to serve on the Supreme Court.

He continued mixing scholarship and athletics at Yale Law School, where he graduated No. 1 in his class magna cum laude and played three years in the National Football League for the Pittsburg Pirates (now the Steelers). He was elected to the College Football Hall of Fame in 1954.

Judge White was in the minority on the now-famous Roe v. Wade landmark decision on Jan. 22, 1973. Coincidentally, there was a companion case that has been virtually forgotten called Doe v. Bolton (Mary Doe v. Arthur K. Bolton, Attorney General of Georgia, et al.) that was decided on exactly the same day and on the identical issue (overturning the abortion law of Georgia). White was in the minority here, too.

White’s nomination was confirmed by a simple voice vote (i.e. by acclamation). He was the first person from Colorado to serve on the Supreme Court and it appears that one of his law clerks … Judge Neil Gorsuch, also from Colorado … most likely will become the second, although it is unlikely he will receive many Democratic votes, much less a voice vote.

Times have certainly changed in judicial politics and, unfortunately, for the worse … sadly. Advise and Consent has morphed into a “just say no” attitude and we have lost something sacred in the process.