Newspapers Have Been Rushing to ‘Break News’ for 150 Years

A Nov. 21, 1863, edition of the New York Tribune, which reprinted President Lincoln’s Gettysburg Address, sold for $632.50 at a June 2005 auction.

By Jim O’Neal

Today’s occasionally frenetic journalism began during the Civil War, for two basic reasons.

The first was the telegraph, since this was the first instant-news war in history, and the issue was much like we have with today’s internet. Reports could be filed almost immediately and it resulted in a mad rush to be first with “breaking news.”

The other was steam, used for steam-powered locomotives and the relatively new steam-powered printing presses. Reporters could hop on a train and return to their offices quickly if a telegraph office wasn’t handy. Either way, the demand for timely and accurate news from the front lines transformed American journalism. It was a culture of “Telegraph all the news you can get, and when there is no news, send the rumors.”

They did a lot of that, and the competition was ferocious. New York had 18 daily newspapers, with four or five focused on the war – including the New York Tribune (Horace Greeley), The New York Herald (James Gordon Bennett), and The New York Times (Henry J. Raymond). Of the three, Greeley was the acknowledged celebrity and well-known for his erratic views as opposed to straight news.

He would later challenge President Grant’s reelection in 1872 by splitting the Republican Party, which resulted in the Democrats cancelling their convention and throwing their support to Greeley. So it was Republican Grant against Liberal Republican Greeley … and no Democrats. Grant won easily and Greeley died before the Electoral College could vote (Greeley actually received three posthumous electoral votes).

Bennett may have been the first great genius in American journalism. He had migrated from Scotland after being trained as a Catholic priest, had the finest education, and was devoted to a balanced approach to the news. However, even he occasionally fell victim to rushing to print too fast.

An interesting feature of the “war newspapers” was that each copy was handed around and read by dozens of people. Another is that the armies – both sides – did not report casualties. There were no official lists of those killed, captured or wounded. This was done by individual reporters, who compiled lists and published them. This enhanced reader interest immensely when a reporter was covering specific units where loved ones were involved.

As a group, Civil War correspondents were a motley group of ruffians who called themselves the “Bohemian Brigade.” There was lots of criticism, particularly of The New York Herald, for sending out these hard-drinking characters into the field. Even so, simply substitute today’s gossipy and irresponsible websites for the Civil War telegraph and it becomes perfectly clear how little reporting the news has changed in 150 years.

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].

Presidential Sons a Complex, Dark Addendum to First Family History

A pair of baseballs signed by Presidents George H.W. Bush and George W. Bush, from the collection of baseball legend Stan Musial, sold for $2,629 at a November 2013 Heritage auction.

By Jim O’Neal

After favored son John Quincy Adams became president of the United States, there was an unspoken feeling that – like the sons of kings and monarchs – he might be destined for greatness. However, it would be a surprising 176 years before another president’s son, George W. Bush, would be sworn in as president.

The stories of presidential sons between these two bookends make up a complex and slightly dark addendum to the First Families of the United States. Some historians have a theory that the closer the male child is to his father, the more likely he is to die or self-destruct. Whether it is fact or coincidence is open for debate.

  • George Washington had no biological children, but was stepfather to a notorious young man, John Parke Curtis, who ruined his estate and died prematurely at age 26.
  • Thomas Jefferson’s only son died shortly after birth (unnamed).
  • James Madison’s stepson was an alcoholic, gambler and womanizer. After Madison died, he cheated his own mother (Dolley), and Congress had to intervene to help the former First Lady.
  • James Monroe’s only son died in infancy.
  • Andrew Jackson Jr. was an adopted son who mismanaged the Hermitage. He died of tetanus after shooting himself in a hunting accident.
  • Martin Van Buren Jr. died from tuberculosis in a Parisian apartment with his father sitting helpless by his bedside.
  • James Polk’s nephew and ward – Marshall Polk – was expelled from both Georgetown and West Point, ending his life in prison.
  • Calvin Coolidge Jr. died of blood poisoning from an infected blister after playing tennis.

A number managed to live longer lives, yet seemed to be cursed with a plethora of issues:

  • John Tyler Jr. was an alcoholic.
  • Ulysses S. Grant Jr. got caught up in an investment fraud scheme.
  • Chester A. Arthur Jr. was a playboy with an unaccountably suspicious source of “easy money” and investigative reporters hounded him and only stopped when his father’s term of office ended.

Franklin Roosevelt Jr. was the first of two sons named after their father and died suddenly after birth. The second namesake, married five times, was banned from the prestigious New York Social Register. Then, the powerful Tammany Hall machine became irked and ended his political career, as well.

Remarkably, when this terrible scourge progressed, fate would sometimes (greedily) step in and run the table. This happened to Franklin Pierce, who lost all three eldest sons in a row. It also happened to Andrew Johnson when first-born Charles Johnson died in a horse accident, Richard Johnson likely committed suicide at age 35, and younger brother Andrew Johnson Jr. died at a youthful 26.

Intuition says this phenomenon is more than random chance or a curse. Perhaps it is the pressure of being the first born, or something that drives the children of powerful figures to escape through substance abuse or risky behavior. Even President George W. Bush admitted to fighting alcoholism for years.

Mine is not to psychoanalyze, but simply to point out a series of eerie similar situations for your interest and speculation.

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].

Americans Looked Beyond ‘Modern Art’ to a Grander Project … the Panama Canal

Henry Lyman Sayen’s Cubist Composition, 1917, realized $100,000 at a November 2014 Heritage auction.

By Jim O’Neal

In 1913, the International Exhibition of Modern Art was the first large exhibition of its kind in America. It was held at the 69th Regiment Armory in NYC, before moving on to Chicago and Boston. More than 70,000 people walked the length of the Armory to witness the visions of Picasso, Matisse and Duchamp. Judging by press reports, not a single person appears to have left without voicing an opinion, most likely a negative one.

Who, they asked, could call such rubbish art?

Americans, generally accustomed to realistic art, were astonished by the experimental styles of Fauvism, Cubism and Futurism – the avant-garde experimental styles of Europe. Many in the New York crowd would have nothing to do with it and in Boston and Chicago, art students burned Matisse and others in effigy.

Kenyon Cox, a prominent author, illustrator and teacher, saw in the show nothing less than the “total destruction of the art of painting.” The star image of the exhibition was Duchamp’s “Nude Descending a Staircase,” or as Teddy Roosevelt called it, “Naked Man Running Down Stairs.” TR added it reminded him of a Navajo rug he stood on each morning while shaving. Still, other people saw something else entirely … “An Explosion in a Shingle Factory” or “An Earthquake on the Subway.”

As New Yorkers were scoffing at modern painting, a more contemporary and pleasing project was nearing completion 2,300 miles south of Manhattan. The dream of uniting the Pacific and Atlantic oceans dated back to the Spanish explorations in the 16th century.

It seemed like such a simple task to dig a canal bisecting the thin strip of land connecting North and South America. Americans wanted a connecting waterway all their own, a way to move freight and passengers coast to coast with ease.

A French company had tried and failed miserably in the 1880s, as malaria and yellow fever crippled their plans. 20,000 laborers had died and it destroyed the reputation of Ferdinand de Lesseps, the builder of the Suez Canal. His insistence on a sea-level canal (à la the Suez) neglected equatorial rains, half-submerged trees and, most significantly, the extraordinary amounts of terrain involved.

For perspective, the site required the excavation of three times the dirt removed to create the Suez, an unprecedented reconfiguration of the earth itself. Equipment for such a task did not exist yet.

But no president loved a challenge more than Teddy Roosevelt, who launched into it with vigor in 1904. America would dig the Big Ditch just as they would later land a man on the moon. The secret sauce included controlling malaria, creating an elaborate system of locks to minimize the digging, and a vision for world leadership. TR sensed it was America’s destiny to use the two oceans to safely convey the civilized world into the new century.

When the Panama Canal opened on Aug. 15, 1914, six months ahead of schedule, Teddy Roosevelt was long gone from the presidency. Attention turned to Europe and an event that would soon cast a giant shadow over the earth: a world war!

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].

Her Fearless Tongue Made Alice Roosevelt the Most Popular of Presidential Children

Albert Beck Wenzell (1864-1917) painted this gouache on paper, titled Theodore Roosevelt and His Daughter Alice. It went to auction in May 2006.

By Jim O’Neal

To describe Alice Roosevelt Longworth (1884-1980) as a handful would be a gross understatement. She was the only child of Teddy Roosevelt and Alice Hathaway Lee. Her mother died two days after her birth of Bright’s disease – a catch-all term for kidney diseases. Eleven hours before her death, TR’s mother, Martha “Mittie” Roosevelt, had died of typhoid fever. It was a traumatic time in the Roosevelt home and it would haunt Teddy for the rest of his life.

Young Alice never founded a school or hospital, never ran for public office, and was terrified of public speaking, but she became unquestionably the best known and most popular of presidential children.

She was 17 when William McKinley was assassinated in 1901, which vaulted her vice-president father into the White House. When she learned of the news, she reportedly let out a war whoop and danced on the front lawn. Years later in an interview with reporter Sally Quinn (third wife of Ben Bradlee, executive editor of The Washington Post), Alice described her feelings as “utter rapture.” This kind of candor made her almost irresistible to the American public, and the press dubbed her “Princess Alice.”

One infatuated biographer described her as the “first female American celebrity of the 20th century.” Her cousin Joseph Alsop – the famous syndicated columnist whose robust opinions appeared in national newspapers for five decades – referred to her as “Washington’s other memorial.” Her celebrity started early, as people all over the country were talking about her antics, her clothes and her fearless tongue, which all delighted the average citizen.

On Inauguration Day in 1905, she was so exuberantly waving to her friends in the crowd that her father chided her by saying, “Alice, this is MY inauguration!” She was a flirt who smoked cigarettes in public and when her father declared that no daughter of his would smoke under his roof, she devilishly climbed to the roof of the White House to smoke on top of his roof. A perplexed TR told renowned author Owen Wister (“The Virginian”): “I can either run the country or attend to Alice, but I cannot possibly do both!”

After her 1902 society debut, the press constantly speculated on her romantic links with most of Washington’s eligible bachelors. She finally married Congressman Nicholas Longworth (future Speaker of the House) in one of the most famous weddings in American history, with front-page coverage across the country. Longworth was a notorious philanderer. William “Fishbait” Miller, doorkeeper of the House, described him as the “greatest womanizer in the history of Capitol Hill.”

Their marriage was an open sham and Alice was rumored to have had a child with William Borah, who became a senator after Idaho became a state in 1890. He was a perennial contender for president and was responsible for killing President Wilson’s attempt to approve the Treaty of Versailles.

Alice delighted in skewering prominent politicians. Calvin Coolidge “was weaned on a pickle.” Speaking of Herbert Hoover, she said “the Hoover vacuum is more exciting, but of course it is electric.” New York Governor Thomas Dewey, with his slick black hair, reminded Alice of the little groom on the top of a wedding cake. When FDR ran for a third term, she declared, “I’d rather vote for Hitler!”

Her acidic commentary on the rich and famous delighted and amused the public for four generations. Alice Roosevelt died of pneumonia on Feb. 20, 1980. At age 96, she had outlived the children of every other president.

She was a handful.

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].

Some Supreme Court Confirmation Hearings Would Make Great Pay-Per-View TV

This oversized photograph of the U.S. Supreme Court, circa 1984, is signed by all nine justices, including Lewis F. Powell Jr. It realized $4,481.25 at an April 2011 Heritage auction.

By Jim O’Neal

When Justice Lewis F. Powell Jr. unexpectedly announced his retirement in June 1987, no commentator failed to emphasize the implications for the future of the Supreme Court. The New York Times stated the obvious: “Powell’s resignation gives President Reagan a historic opportunity to shape the future of the Court.” Justice Powell had played a pivotal role as the tie-breaking vote on controversial issues such as abortion, affirmative action and separation of church and state.

Yet Powell was not merely a simple tie-breaker. Since he frequently swayed the court’s decision from one ideological camp to another by virtue of his swing vote, he was viewed as mainstream. As a result, President Reagan attempted to portray Powell’s replacement, Robert Bork, as neither conservative nor liberal, stressing his “evenhanded and open-minded approach to the law.”

The president’s lack of success was immediately evident when Senator Edward Kennedy – only 45 minutes after Bork’s appointment – fired the opening salvo against Bork’s record on abortion, civil rights and criminal justice. Kennedy declared, “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would be forced to sit at segregated lunch counters, rogue policemen could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, and artists could be censured at the whim of government.”

Once Kennedy unleashed these polemics, there was no turning back. Southern Senators were intimidated by the possible loss of black voters and liberals in the Senate were eager for a good fight after eight years of frustrating losses to conservatives.

Despite being confirmed unanimously for the U.S. Court of Appeals, Judge Bork was stepping into a veritable political hornets’ nest and he was the wrong person in the wrong spot at the wrong time! His copious scholarly writings – an asset in academia – and his lucidly crafted, elegantly penned opinions on the appellate bench were red meat in the hands of hostile interest groups.

Bork with President Ronald Reagan in 1987.

Moreover, Bork’s personal appearance and demeanor seemed as suspect as his ideology. His devilish beard and turgid academic discourses did not endure him to the public or wavering Senators. His detailed, scholarly, lecture-like answers to every single question would be considered naive today … where nominees are well versed in the art of non-answers to tough questions, and grilled by “murder boards” designed to prepare careful answers to virtually everything the nominee has written or spoken since puberty. Today’s Google/Facebook generation of staffers can unearth obscure facts that might be even slightly contentious.

Judge Bork’s nomination was rejected by a resounding 42-58 vote. After being transfixed by the riveting testimony, I personally believe that even if Judge Bork were given another try today (he died in 2012), the outcome would be similar. He had such a high regard of his superior legal acumen and was so openly dismissive of the twits on the Senate Judiciary, it would be another verbal combat that would end just as badly.

It would be a perfect scenario for a pay-for-view cable TV spectacle, especially for Supreme Court nerds like moi.

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].

Only Four Presidents Never Appointed a Supreme Court Justice

An 1840 silk banner depicting William Henry Harrison realized $33,460 at a May 2010 Heritage auction.

By Jim O’Neal

When Donald Trump’s appointee fills the Supreme Court vacancy created by the death of Justice Antonin Scalia, the chief executive will escape from a small group of presidents who did not appoint a single nominee confirmed by the Senate. Trump’s pick will join the other 117 justices, 17 chief justices and four women who have served on the court.

Presidents without a Supreme Court appointee:

  • William Henry Harrison (1841) – Died only 31 days after being inaugurated.
  • Zachary Taylor (1849-50) – Died 16 months after inauguration.
  • Andrew Johnson (1865-69) – Victim of a hostile Congress that blocked several nominees.
  • Jimmy Carter (1977-81) – The only president to serve a full term with no vacancies during his four years in office.

It seems clear that the Founding Fathers did not spend a lot of time considering the importance of the Supreme Court as an equal branch of government. That would come later during the tenure of Chief Justice John Marshall, who many credit with providing the balance to ensure that our fragile democracy survived.

One example is there are no legal or constitutional requirements for a federal judgeship. There does exist an unwritten prerequisite to have practiced law or to have been a member of the bar, but it is not mandatory. As a matter of historical record, no non-lawyer has ever been a member of the Supreme Court – and it is a virtual certainty that none ever will.

And, although the methodology for judicial appointments was subject to intense debate, the criteria for such appointments was apparently not a matter of significance. Those few delegates who did raise the issue of criteria did so by assuming merit over favoritism. Congress also did not foresee the role political parties would very soon come to play in the appointment and confirmation process.

Only John Adams clearly anticipated the rise of political parties but, of course, he was not a member of the Constitutional Committee. He summarized it rather well: “Partisan considerations, rather than the fitness of the nominees, will often be the controlling consideration of the Senate in passing on nominations.”

I suspect they would all be disappointed by the dramatic, partisan “gotcha” grilling that nominees face today.

Personally, I would prefer the old process the Scots used to select Supreme Court justices. The nominations came from the lawyers, who invariably selected the most successful and talented members of the legal community. This effectively eliminated their most fierce competition, which then allowed them to solicit their best customers. The court would then truly be assured of getting the best-of-the best, while the profession competed for clientele.

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].

Supreme Court Appointments Are Always Soap Operas, with Gavel-to-Gavel Coverage

This Rehnquist Supreme Court photograph, circa 1989, is signed by all nine justices, including Antonin Scalia and William H. Rehnquist. It realized $1,171.25 at an April 2015 auction.

By Jim O’Neal

On June 17, 1986 – to the surprise of his colleagues, the public and President Reagan – Chief Justice of the U.S. Supreme Court Warren Burger submitted his resignation. After 17 years as head of the U.S. federal court system and within months of his 79th birthday, Burger wanted to devote all of his time to organizing ceremonies for the bicentennial of the U.S. Constitution in 1987.

Almost immediately, President Reagan announced his choice for Burger’s replacement: sitting Associate Justice William H. Rehnquist. Judge Antonin Scalia of the U.S. Court of Appeals for Washington, D.C., was selected to fill the vacant position. The Burger court had been surprisingly active in civil rights and President Reagan resolved to fill the vacancies with conservative, strict constitutionalists.

Rehnquist certainly met these criteria, as his 14-plus years on the bench validated. He made that abundantly clear during his confirmation hearings that opened July 30, 1986, by telling the Judiciary Committee they should not expect any change in his jurisprudence. His years on the court were on the record.

His primary opponent, Senator Edward Kennedy, acknowledged this, but also assailed the chief justice nominee in harsh terms, thundering, “By his own record, he is too extreme on race, on women’s rights, separation of church and state, and too extreme to be chief justice.” Kennedy’s assertions set the tone for two weeks of stormy testimony. No one dared to dispute Rehnquist’s powerful intellect or keen understanding of the law. He was just “out of the mainstream” – a standard ploy for any opposition.

After three months of divisive, acrimonious debate in the full Senate, he was confirmed 65-33. The 33 nays were the most votes ever cast against a nominee who won confirmation. Charles Evans Hughes prevailed in 1930 after a vote of 52-26, the previous record.

Scalia had a much easier time, perhaps because the partisan vitriol was exhausted on Rehnquist. The New Republic had earlier written, “A Scalia nomination makes political sense.” And a White House official had exclaimed, “What a political symbol! Nino would be the first Italian-Catholic on the court. He has nine children and everyone likes him. He’s a brilliant conservative. What more do you want?” Moreover, the 50-year-old Scalia was 10 years younger than the other possible candidate, Judge Robert Bork.

Even ideological foes were hard-pressed to challenge Scalia’s meritorious credentials. A product of New York public schools, he tied for first at Xavier High School, graduated at Georgetown University as valedictorian summa cum laude, and at Harvard Law was editor of the law review and a postgraduate fellow. This was followed by the law faculty at University of Virginia and appointments at Georgetown Law, the American Enterprise Institute, Stanford Law, and the University of Chicago Law School.

He sailed through the Judiciary Committee 18-0 and the full Senate 98-0. He served on the Supreme Court until his death last year. Strict constitutional conservatives are still in mourning over his loss.

The upcoming hearing on March 20 is designed to select his replacement. We will all have a ringside seat at what promises to be another Supreme Court soap opera, with gavel-to-gavel TV coverage ad nauseam.

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].

Reagan Made History with Appointment of O’Connor to Supreme Court

An Annie Leibovitz photograph of Ruth Bader Ginsburg (left) and Sandra Day O’Connor, dated 1997 and signed by the photographer, realized $1,750 at a February 2017 auction.

By Jim O’Neal

Ronald Wilson Reagan won two presidential elections, both by overwhelming margins. In 1980, he took 44 states with an electoral vote total of 489. Four years later, he crushed Walter Mondale, winning 49 states and 525 electoral votes (the all-time record).

The Reagan agenda included an attempt to alter the contemporary jurisprudential approach to the federal judiciary; he quickly made it known he would return to traditional criteria in selecting jurists. As a candidate, he made it crystal clear he was opposed to any type of racial or other quotas.

During the 1980 presidential campaign, candidate Reagan had promised “one of the first Supreme Court vacancies in my administration will be filled by the most qualified woman I can find, one who meets the high standards I will demand for all my appointments.” The opportunity to fulfill this pledge came within the first six months of his presidency.

On June 18, 1981, in what appeared to be a major surprise, Associate Justice Potter Stewart publicly announced his retirement from the Supreme Court, effective at the close of the 1980-81 term in July. However, members of the administration had actually known three months earlier and had informed the president (while he was still recovering from the assassination attempt). This gave the administration three months to search quietly for a nominee without outside pressure and feverish media speculation.

On June 25, Attorney General William French Smith gave the president a list of 25 names – approximately half of them women – clearly a new record in this regard. Among the women were Arizona Court of Appeals Judge Sandra Day O’Connor; Chief Justice of the Michigan Supreme Court Mary Coleman; and Judge Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit, a youthful black Carter appointee. On July 1, O’Connor and two other candidates met with the president and she quickly reminded him they had met 10 years before when he was governor of California and she was a member of the Arizona State Senate.

In addition to the successful interview, there was the Stanford connection: U.S. Supreme Court Justice William Rehnquist graduated from Stanford Law School in the same class as O’Connor. When Senator Barry Goldwater urged her selection, that was enough to clinch it.

The only strong dissent came from the New Right, including the Reverend Jerry Falwell of the Moral Majority, who encouraged all “good Christians” to express concern. Goldwater’s characteristically frank retort was “Every good Christian ought to kick Falwell right in the ass!”

On Sept. 15, 1981, the Senate Judicatory Committee approved Judge O’Connor 17-0 and six days later, the full Senate voted 99-0 to confirm (Senator Max Baucus of Montana – a strong supporter – was out of town for the vote).

So history had been made!

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].

Appointments to Supreme Court Have a Long History of High Drama

Chief Justice Earl Warren swears in John F. Kennedy on the cover of the Jan. 27, 1961, edition of Time magazine. This copy, signed by Kennedy, sold for $1,135.25 at a December 2012 auction.

By Jim O’Neal

On June 25, 1968, President Lyndon B. Johnson announced Chief Justice Earl Warren’s intention to retire and the nomination of Associate Justice Abe Fortas to replace him. However, after three months of acrimonious, partisan debate, the Senate refused to vote on the Fortas nomination. When Fortas asked the president to withdraw his nomination, Chief Justice Warren withdrew his resignation. “Since they wouldn’t confirm Abe, then they will be stuck with me!”

And, true to his word, Chief Justice Warren did not retire until June 1969, when President Richard Nixon replaced him with U.S. Court of Appeals Judge Warren Earl Burger.

In a bizarre twist, Justice Fortas had come under intense scrutiny and it was revealed that he had a questionable relationship with Louis Wolfson, the first modern corporate raider, according to Time magazine. This led to the resignation of Fortas – the first Supreme Court Justice to do so under these ethical circumstances.

Nixon was ecstatic that he would get to make a second nomination and he carefully chose judge Clement Haynsworth from the U.S. Court of Appeals-Fourth Circuit as part of a “Southern Strategy.” Congress seemed supportive, but to the president’s anger, frustration and embarrassment, the Judicial Committee found clear evidence of financial improprieties. Like Fortas, nothing illegal, but he went down 55-45 in a display of principled equality.

The president quickly countered with Judge Harrold Carswell, an undistinguished ex-District Judge with only six months of experience on the U.S. Court of Appeals. It was clearly an act of vengeance, intended to teach the Senate a lesson and downgrade the Court. Then, suspicious reporters dug up a statement to the American Legion in 1948: “I yield to no man in the firm, vigorous belief in the principles of white supremacy.”

Oops, there went the Southern Strategy, and the Senate voted him down.

It was another bitter defeat for the president, so Nixon turned North and picked Harry Blackmun of Minnesota and an old friend of Chief Justice Burger. He sailed through 94-0 and there would be no further vacancies for 15 months, when Nixon found himself in yet another imbroglio.

In September 1971, terminal illness compelled the retirement of Justices Hugo Black and John Marshall Harlan II, the two most influential figures and veritable giants of the law. Rather than a diligent search, Nixon tried the trial-balloon strategy and floated the name of U.S. Representative Richard Poff of Virginia, but his civil rights skeletons were easy to uncover and he withdrew. Then Nixon sent six nominees to the American Bar Association for review, but they quickly criticized them as manifesting “a relentless pursuit of mediocrity” and urged the president to “add some people of stature.”

In a dramatic television broadcast, Nixon revealed his “formal nominees” … Lewis F. Powell Jr. and a youthful (47) William Rehnquist (approved after three months of wrangling), who would serve on the court for 33 years – 19 as Chief Justice.

Whew! Next stop: March 20, 2017. Good luck, Judge Neil Gorsuch. This is a tough crowd.

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].

Watergate, Vietnam Reflect Complicated Times in American History

By Jim O’Neal

Nixon

Before Richard Nixon went to bed on Nov. 7, 1972, he gathered his supporters at the Sheraton Hotel in Washington, D.C., for a few final words of victory. As he turned away to retire, there was a loud chorus of voices chanting “Four more years!” This was an elite group of Republicans, but there was no way for the television audience to know that some of the most eminent chanters were felons.

And although the president had racked up a historic victory with 18 million more votes than his opponent, that was not the whole story. Only 55 percent of eligible voters actually went to the polls, a strong indication that perhaps a lot of people rejected both candidates. Plus, the Democrats continued to dominate both houses of Congress, limiting the power of the presidency to enact key legislation.

Even more significantly, this term would be the first (and only) in U.S. history where both the original president and vice president failed to complete their terms in office. Especially poignant was that both had been forced to resign … Spiro Agnew over corruption and Nixon over Watergate.

In a reference to Watergate, Democratic Party nominee George McGovern had described the Nixon administration as “the most corrupt in history,” but Gallup had reported in October that barely half the voters had even heard of the break-in and only 7 percent thought the president might be involved. The men around Nixon continued to be deeply involved in the cover-up … anything to push the issue past the election.

Kissinger

The president’s reelection campaign had been enormously enhanced in the final days by electrifying news from Henry Kissinger: He and Le Duc Tho, Hanoi’s chief negotiator, had achieved a breakthrough in their Paris talks. On Oct. 8, the North Vietnamese had dropped their insistence that South Vietnamese President Nguyen Van Thieu be ejected and instead a coalition government be installed in Saigon. Eighteen days later, Kissinger told a televised press conference that a final accord could be reached with just one more meeting. “Peace,” he said, “is at hand.”

But it wasn’t.

Saigon didn’t agree and Thieu vowed that, if necessary, his country would continue the war alone. Then the North became difficult again and Kissinger left Paris in despair on Dec. 14.

Nixon was furious with both sides and cabled North Vietnam’s Premier Pham Van Dong, warning him that unless serious negotiations were resumed within 72 hours, he would reseed Haiphong harbor with mines and unleash America’s aerial might: B-52s, F-4 Phantoms and Navy fighter bombers. General Curtis LeMay had proposed “bombing them back into the Stone Age” and Air Force generals assured the president that in two weeks, they could saturate the enemy homeland with more tonnage than in all the great raids of World War II – a terror-bombing on a scale never known before.

Hanoi did not respond and the result was the most savage chapter in the long history of our involvement as U.S. air bases on Guam and Thailand and carriers in the Gulf of Tonkin pounded them 24/7, flying more than 1,400 bombing sorties a week. Americans were stunned. Only a few days before, they thought the long nightmare was over.

Back in Washington, D.C., the other nightmare was also not going away. Despite the best efforts of All the President’s Men, it was also destined to end badly. A very complicated time in our history.

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].