United States has been tested before, but history shows we shall not perish

A newly discovered 1823 Stone printing of the Declaration of Independence sold for $597,500 at a 2012 Heritage auction.

By Jim O’Neal

The 59th presidential election in 2020 was unusual in several aspects. Despite the complications of a lethal pandemic, voter turnout was remarkable, with more than 159 million or 66% of eligible voters casting their ballots. In recent years, 40% to 50% has been considered normal, a major slump from the 73% in 1900. Joe Biden’s 51.3% was the highest since 1932 – the first of FDR’s four elections. Both candidates snared over 74 million votes, which topped Barack Obama’s record of 69.5 million in 2008. (Biden’s 81 million is the most any presidential candidate has ever received.)

However, it is not unusual for an incumbent president to lose a bid for re-election. Ten presidents before President Trump suffered a similar fate starting with John Adams in 1800. This was the first election where political parties played a role and Adams’ own vice president defeated him.

Another unusual facet of 2020 was the delay in getting all the votes counted and then certified, along with an unprecedented number of legal actions asserting irregularities or voter fraud. Post-election polls indicate that a high percentage of Republican voters still believe that their candidate won. This is unfortunate since the United States has a long, impeccable reputation for smooth, peaceful transfers of power.

By contrast, throughout recorded history – at least from ancient Rome to modern Britain – all great empires maintained their dominance with force of arms and raw political power. Then, the United States became a global powerhouse and the first to dominate through the creation of wealth. It is a truly remarkable story, liberally sprinkled with adversity, financial panics, a horrendous Civil War and Great Depression without an owner’s manual or quick-fix guide. However, in 1782, Congress passed an act that declared our national motto would be E PLURIBUS UNUM (“One from many”), which, in combination with a culture of “can do,” bound us together and crowded out the skeptics and naysayers. In 1931, “In God we trust” was added just in case we needed a little divine help occasionally.

In the beginning, it was the land.

After Columbus stumbled into the New World while trying to reach Asia by sailing west, Europeans were eager to fund expeditions to this unknown New World. Spain was aggressive and hit the lottery, first in Mexico, followed by Peru. Portugal hit a veritable gold mine by growing sugar in Brazil using slave labor. Even the French developed a remarkable trading empire deep in America using fur trading with American Indians in the Great Lakes area and staking claims to broad sections of land. England was the exception, primarily since they were more focused on opportunities for colonization. The east coast of America had been generally ignored (too hot, too cold, no gold) until Sir Walter Raleigh tried (twice) to establish a viable colony in present day North Carolina. It literally vanished, leaving only a word carved on a tree: Croatoan.

However, the English were still highly motivated to colonize by basic economic pressures. The population had grown from 3 million in 1500 to 6 million in 1650, but without a corresponding increase in jobs. Hordes of starving people naturally gravitated to the large cities and the seaside. The largest was London, and it swelled to 350,000 people by 1650. To exacerbate the situation, the influx of gold and silver into Europe spiked inflation, making a difficult situation unsustainable. In the 16th century, prices rose a staggeringly 400%.

But we are living proof that England’s colonization of the Atlantic coast was finally successful in the 16th and 17th century. Colonial America grew and prospered as 13 colonies evolved into a quasi-nation that was on the verge of even greater accomplishments. However, by 1775 the greed of King George III became too much to tolerate and they declared their independence from Great Britain. The American Revolutionary War lasted seven years (1775-83) and the United States of America was established … the first modern constructional liberal democracy. Losing the war and the colonies both shocked and surprised Great Britain (and many others) and even today historians debate whether it was “almost a miracle” or that the odds favored the Americans from the start.

Then we began to expand across the vast unknown continent due to a series of bold moves. President Jefferson doubled the size of the nation in 1803 with the remarkable “Louisiana Purchase.” President Polk engineered a war with Mexico that concluded quickly with the United States taking control of most of the Southwest, followed soon by the annexation of the Texas Republic. The discovery of gold in the San Francisco area attracted people from all over the world. Despite all of this, not enough has been written about the strategic era just after the end of the Revolutionary War.

The Treaty of Paris signed on March 1, 1786, did far more than formalize the peace and recognize the new United States of America. Great Britain also ceded (despite objections of France) all the land that comprised the immense Northwest Territory. This was a veritable wilderness area northwest of the Ohio River totaling 265,878 acres, similar to the existing size of America, and containing the future states of Ohio, Indiana, Illinois and Wisconsin. With this and the Louisiana lands, the United States was eight times larger! In addition, the Northwest Ordinance included three astounding conditions: 1. Freedom of religion, 2. Free universal education and, importantly, 3. Prohibition of slavery.

Also consider that until that point, the United States did not technically own a single acre of land! Now we had an unsettled empire, double the size, north and west of the Ohio River, larger than all of France, with access to four of the five Great Lakes. And then there was the Ohio River itself, a great natural highway west!

This, my friends, is how you build a powerful nation, populate it with talent from all over the world, encourage innovation never seen before, and then trust the people to do the rest. Whenever we are temporarily distracted, have faith that this nation has been tested before and that government of the people, by the people, for the people shall not perish from the earth. As Aesop and his fables remind … United we stand. Divided we fall.

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

A little history helps put the 2020 election in perspective

This $1000 1882 Gold Certificate, Fr. 1218f (PCGS Very Fine 35) – with a vignette of Alexander Hamilton, the first Secretary of the Treasury – realized $293,750 at a January 2014 Heritage auction.

By Jim O’Neal

If our past is any guide to the future, I suspect that presidential politics will be a primary source of contention for several electoral cycles. The United States has produced some unusual presidential elections and the 2020 Biden vs. Trump race is not an isolated event that warrants exceptional anxiety.

A little history helps keep it in perspective.

During the 1787 Constitutional Convention, there was a long debate over the method for selecting a president. Among the proposals was whether the chief executive should be chosen by a direct popular election, by the Congress, by state legislators or intermediate electors. Direct election was rejected primarily because of a concern that common citizens would probably lack sufficient knowledge of the character or qualifications of candidates that would enable intelligent choices. Candidates would be spread throughout the 13 colonies and campaigning was not a viable option due to travel difficulties.

Letting Congress decide was quickly rejected since it would jeopardize the principle of executive independence. Similarly, allowing state legislatures to choose was turned down because the president might feel indebted to some states and allow them to encroach on federal authority.

Unable to agree, on Aug. 31, the Convention appointed a “Committee of Eleven” to resolve it. On Sept. 4, a compromise was agreed with each state appointing Presidential Electors, who would meet in their states and cast votes for two persons. The votes would be taken to Congress to be counted, with the candidate receiving a majority elected the presidential candidate and the second highest vice president. Since there was no distinction between which vote was specifically designed by position, the 12th Amendment was ratified 1804 to distinguish individual votes between the two offices.

Now the conventional election of president and vice president is an indirect election in which (only) citizens, who are registered to vote in Washington, D.C., or one of the 50 states, cast ballots for members of the Electoral College. Those electors cast the direct votes and it requires at least 270 electoral votes to win. In 1960, the 23rd Amendment granted D.C. citizens the same rights as the states to vote for electors, but they can NEVER have more votes than the least populous state. To date, they have never had more than three electors. Also, they do not have any rights to vote for senators or amendments to the Constitution.

For more than 200 years, Americans have been electing presidents using the Electoral College, but despite its durability, it is one of the least admired political institutions. Thomas Jefferson called it “the most dangerous blot on our Constitution.” It’s been an easy target for abolishment or modernization and polls consistently report citizens would much prefer a simpler direct election. However, amendments require a 2/3 majority in both the House and Senate or a complicated state ratification convention with 3/4 approval. This process has never been attempted.

This outdated system has led to a number of anomalies at times. In 1836, the Whigs tried a novel approach by running different candidates in different parts of the country. William Henry Harrison ran in New England, Daniel Webster in Massachusetts and Hugh White of Tennessee in the South. By running local favorites, they hoped to subsequently combine on one candidate or force the election into the House. The scheme failed when Democrat Martin Van Buren captured the majority.

Another quirk of fate occurred in 1872 when Democratic nominee Horace Greeley died between the popular vote and the meeting of the electors. The Democrats were left without an agreed candidate. Forty-two voted for Governor Tom Hicks … 18 for Gratz Brown … two for Charles Jenkins and three Georgia electors cast their votes for the dead Greeley (Congress refused to accept them).

In 1912, President William Howard Taft and ex-President Theodore Roosevelt caused a split in the Republican Party that allowed Democrat Woodrow Wilson to become president. On Oct. 14, just before a major speech, a fanatic named John Shrank stepped up, shouted something about a third term and shot T.R. in the chest. Roosevelt yelled at the crowd to stand back and declared “I will make this speech or die. It is one thing or the other!” He went on to make a 90-minute speech before heading for the hospital. The bullet had lodged in the massive chest muscles instead of penetrating the lungs! Wilson won but Taft finished a weak third place.

Lastly, compared to “the Revolution of 1800,” the 2020 election was mild and relatively free of widespread disorder. The 1800 campaign was so bitter that VP Aaron Burr ended up killing Alexander Hamilton in a duel and John Adams and Thomas Jefferson would not communicate with each other for 12 years.

Neither Abigail nor John Adams would attend the inauguration. Sound familiar?

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Another milestone in American history just a few months away

This 1840 Silk Campaign Flag for William Henry Harrison realized $87,500 at a June 2018 Heritage auction.

By Jim O’Neal

Every four years, Americans get an opportunity to choose who will be president of the United States. To vote, people must be citizens, 18 years old and registered to vote. The actual direct voting is by delegates to an Electoral College, generally representing the Republican or Democratic political parties. Since 1789, 44 different men have occupied the Oval Office and Donald Trump is the 45th. Grover Cleveland accounts for the difference since he was elected twice, once in 1884 (#22) and again in 1892 (#24); he is the only president to serve two non-consecutive terms.

Of these 44 presidents, there is only one African-American and no women. One … John Quincy Adams … was selected by the House of Representatives in 1824 when none of the candidates received a majority of votes. In this century, George W. Bush and Donald Trump lost the popular vote, but had more votes in the Electoral College. Al Gore and Hillary Clinton placed second. Four of the presidents died in office and four were assassinated.

The first to die was William Henry Harrison in 1841 after serving only 31 days. John Tyler became the first vice president to assume the presidency without an election. To preclude any Constitutional uncertainty, Tyler immediately took the oath of office, moved into the White House and assumed full presidential powers. His political opponents argued (unsuccessfully) that he should be “acting president” until a new election was held. One president (Richard Nixon) resigned to avoid a trial in the Senate after the House of Representatives voted to impeach on three articles; he was virtually assured of conviction.

Each time, the nation withstood the shock of an unanticipated change and a safe transition was managed, almost routinely.

It is quite instructive to broadly categorize the men who have served in this office by analyzing their relationship with the people and the development of the nation. There are interesting correlations with the evolving role and power of the chief executive as the Union became more geographically diverse and ever-expanding. At times, it is arbitrary as the changes were often contentious, but society has flourished despite political discord. A few examples are all that space allows, but the story keeps getting more complex.

First consider the first five, from George Washington to James Monroe … both two-term presidents from Virginia (as were Thomas Jefferson and James Madison). Washington was elected unanimously twice, something Monroe nearly matched until one vote was cast to preserve GW’s record. Monroe served in the “Era of Good Feelings,” a time of harmony never to be replicated. These five presidents are easily labelled as “formative” in every sense of the word. There were few precedents to follow and the Constitution was uselessly vague on specifics.

Washington (1789-97) chose to meet primarily with the upper elite of society (eschewing the common man) and even assiduously avoiding shaking hands. He rode in a yellow chariot decorated with gilded cupids and his Coat of Arms. His executive mansion was staffed with 14 white servants and seven slaves. A different man might have easily assumed the role as king, irrespective of the war for independence. After all, that action was against King George III, the greedy British Parliament and taxation without representation. Further, he had been elected by a small group of mature (older) white men – and exclusively landowners, who numbered 6 percent of the total population.

Washington was acutely aware of the precedents he was setting and their historical importance. In 1789, he appeared before the Senate and presented an Indian treaty for approval. When the Senate decided to study it before approval, Washington huffed out after vowing to never appear before Congress again. It was a vow he kept. Similarly, when he refused to comply with a Congressional demand for his papers on the controversial Jay Treaty, he reminded Congress that the Constitution did not require their approval! Thus were the roots of executive privilege established.

When Washington declined a third term in 1796, George III famously declared, “If he does that, he will be the greatest man in the world.” He did and it was a precedent that spanned 144 years until Franklin Delano Roosevelt declared for the presidency a third time in 1940 (and won). From 1932 – with the Great Depression, the New Deal and the Second World War on the horizon – FDR had subsumed the federal government. To the common man, he epitomized the American landscape totally.

Other vivid examples include Jacksonian Democracy for the common man … the War with Mexico and the Western expansion of Manifest Destiny … Lincoln, his generals and the Civil War … Reconstruction without Lincoln’s wisdom … the Great War machine in the 20th century and the Cold War.

In a few months, we may have a chance to witness an inflection point in American history as another generation goes to the ballot box and votes. This time, voters will include women, blacks, Latinos, American Indians and Asians.

I plan to enjoy it.

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

‘Some stories are hard to see; other stories hit you in the face’

A collection of 10 typed letters related to Watergate and signed by Richard Nixon, Gerald Ford, John Mitchell and Richard Kleindienst sold for $3,500 at a 2013 Heritage auction.

By Jim O’Neal

On Oct. 12, 2019, The New York Times ran an editorial titled “All the President’s Henchmen,” along with a cartoonish drawing depicting President Trump, Rudy Giuliani, Rick Perry and Pete Sessions. The article concluded, “The impeachment drama had taken on the feel of a telenovela crossed with a mob movie wrapped up in a true crime procedural and decorated with psychedelic TikTok clips. In a word: bananas. But with a cast of bumblers, grifters and self-promoters like those Mr. Trump seems to favor, one should expect nothing less.”

There was little doubt about the allusion to the 1976 Award-winning movie All the President’s Men. The film was almost exclusively based on the Pulitzer Prize-winning book of the same name. It had been authored by two obscure reporters for The Washington Post: Carl Bernstein and Bob Woodward (now almost household names and prolific political writers).

The movie is one of my favorites, with Robert Redford and Dustin Hoffman playing the two reporters. Jason Robards won an Oscar for his portrayal of Ben Bradlee, editor of the Post, and Alan J. Pakula was an Oscar nominee for Best Director. Although the movie primarily covers only the first seven months of what would become the Watergate scandal, the clever use of typesetting bookends the start and finish of the entire event, beginning with the Watergate break-in to Richard Nixon’s resignation several years later.

The actual Watergate affair started in 1972 when a security guard, 24-year-old Frank Willis, was on routine patrol in the basement of the Watergate complex. He found strips of tape across the latches leading to the underground parking garage. He was not overly alarmed. High-priced hotel rooms, prestigious offices and elegant condominium apartments within the Watergate development had been targets of burglars and thieves for several years. Along with three former Cabinet members, and various Republican leaders, the tenants included the Democratic National Committee (DNC). Its offices had been surreptitiously entered at least twice in just the last six months.

However, Willis simply assumed maintenance men had temporarily immobilized door latches as part of a routine repair. Professional burglars typically used less conspicuous wooden matches to keep the doors from closing and locking. The guard naively removed the tape, allowed the two doors to lock, and resumed his regular post in the lobby.

Then fate intervened and, acting strictly on what he called a “hunch,” he returned to take another look at the basement doors. The same latches had been taped again! Additionally, he discovered that two other doors on another level had been taped, despite being unobstructed only minutes before. “Someone was taping the doors faster than I was taking it off,” Willis said in an interview later. “I called the police!” His call was logged at 1:52 a.m. on Saturday, June 17.

First to reach the Watergate were members of the tactical squad of the Washington metropolitan force, who went directly to the top floor. More tape was found on a stairway door. They started working their way down and found tape on a sixth-floor office. With guns drawn, they entered the darkened offices of the Democratic National Committee. Five unarmed men were found crouched down and they surrendered quietly.

John Barrett, one of the plain-clothed officers who handcuffed the burglars, said: “They were very polite, but they would not talk.” The five men were arrested on burglary charges and led to the District of Columbia jail. They all gave false names to the booking officer, but after a routine fingerprint check, all five were identified:

  • Bernard Barker, 55, a native of Cuba and president of a Miami real estate firm,
  • James McCord, 55, president of a private security agency,
  • Frank Sturgis, 48, ex-Castro Army, now at a Miami Salvage Company,
  • Eugenio Martínez, 51, notary-real estate employee of Barker in Miami, and
  • Virgilio Gonzalez, 45, a locksmith from Miami.

Four of the men had spent the night at the Watergate Hotel, which connected with the office building via an underground garage.

At the time of the arrests, police had seized all the equipment the men had. It was quite a haul: two 35mm cameras with close-up lens, 40 rolls of film, one roll of film for a Minox “spy” camera, and a high-intensity lamp. All were useful in copying documents. Additionally, there were three microphones and transmitters. Ceiling panels had been removed to allow access to an adjacent office belonging to DNC Chairman Larry O’Brien. In addition to lock-picks and burglary tools, there were two walkie-talkies and a few thousand dollars in $100 bills with consecutive serial numbers.

The White House was quick to deny that any of the men were working for them and Nixon Press Secretary Ron Ziegler famously shrugged it off as “a third-rate burglary attempt” and unworthy of comments. However, at their arraignment, Washington Post reporter Bob Woodward overheard one of the burglars (James McCord) whisper “CIA” when asked what kind of “retired government employee” he had been.

The finest journalists in the world could be forgiven for not realizing that those three little letters (CIA) would be the opening act of a scandalous political drama – unprecedented in American history. Bradlee would later write: “Some stories are hard to see because the clues are hidden or disguised. Other stories hit you in the face. Like Watergate, for instance. Five guys in business suits, speaking only Spanish, wearing dark glasses and surgical gloves, with crisp new hundred-dollar bills in their pockets, and carrying tear-gas fountain pens, flashlights, cameras and walkie-talkies, just after midnight in the headquarters of the Democratic National Committee. … You would have to be Richard Nixon himself to say this was not a story.”

Actually, this is what Richard Nixon did finally say on Aug. 9, 1974, to Secretary of State Henry Kissinger:

Dear Mr. Secretary, 
I hereby resign the office of President of the United States.
Sincerely,
Richard Nixon

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Einstein was right: Income taxes are hard to understand

A 1952 Topps trading card for oil industry magnate, industrialist and philanthropist John D. Rockefeller sold for $720 at a February 2019 auction.

By Jim O’Neal

Next year promises to be another year when a major political party has an unusually large number (perhaps 20) of eager aspirants wanting to become president. Republicans had to contend with a similar problem in 2016. Sixteen hopefuls filled out the requisite forms. Most of them withdrew during the primaries and the last two – Ted Cruz and John Kasich – withdrew when Donald Trump won Indiana. On May 2, Trump became the presumptive nominee for Republicans.

There are advantages to having a broad, diverse group of candidates, but almost as many headaches. One that I suspect will become more prominent is “too many hogs at the trough.” Every candidate is challenged to find a unique angle to woo prospective voters, but it is surprising how many are making promises that will be impractical to keep. Free health care, college debt forgiveness, and free college tuition are fundamentally different than promises of lower taxes or new high-paying jobs.

Generally, populist proposals are “paid for” by taxing the rich with a “billionaire tax” or a radical wealth tax on existing assets. Since 70 percent of federal revenues come from the top 20 percent of taxpayers, the math just doesn’t work. This is especially true with 10,000 people retiring every day and existing entitlement projections squeezing out almost all other spending. One fact is certain: We can’t use the same tax dollar to pay for four different expenditures (unless we really crank up the printing presses … which are now just electronic gizmos).

Frederick Law Olmsted

Naturally, opponents are quickly stigmatizing all creative spending proposals as merely different variants of socialism. As “The Iron Lady” Margaret Thatcher wisely observed, “The trouble with Socialism is that eventually you run out of other people’s money.”

There may have been a time 150 years ago during the Gilded Age when some of these things made sense. America’s industrial success produced an era of financial magnificence when many basked in dynastic wealth of inexhaustible dimensions. John D. Rockefeller made the equivalent of $1 billion and paid no income tax. No one else did either since income tax didn’t exist in the United States at the time. Congress passed a 2 percent tax on earnings over $4,000, but it was ruled unconstitutional by the Supreme Court. Twenty years later in 1914, a modest income tax was finally approved. Albert Einstein said: “The hardest thing in the world to understand is the income tax.” I agree.

The wealthy in the 19th and 20th centuries found that spending all of their money became a full-time job. After emptying all of Europe’s fine art and artifacts, they built houses on a truly grand scale. The grandest of all were said to be the Vanderbilts. Ten mansions on 5th Avenue (one with 137 rooms). Next was Newport, R.I., where magnificent homes were quaintly called “cottages.” Then came George Washington Vanderbilt II (1862-1914), who, with successful and influential landscape designer Frederick Law Olmsted, built the Biltmore House – an estate outside Ashville, N.C. The house is believed to be the largest domestic dwelling in the United States, with 250 rooms nestled on 125,000 acres.

Olmsted and his senior partner, Calvert Vaux, designed America’s most famous park: New York City’s Central Park. The list of Olmsted’s projects is too extensive to list here even by category. The most fitting description of his work comes from the words of Daniel Burnham – the great American architect and urban designer: “An artist, he paints with lakes and wooded slopes, with lawns and banks and forest-covered hills, with mountainsides and ocean views.”

Worthy of a great man’s epitaph!

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Usual Fireworks Expected with Latest Supreme Court Selection

This photograph, signed by Supreme Court Chief Justice William H. Taft and the eight associate justices, circa 1927, sold for $14,340 at a September 2011 Heritage auction.

By Jim O’Neal

It is that time again when the news will be filled with predictions of pestilence, war, famine and death (the Four Horsemen of the Apocalypse) as President Trump tees up his next candidate for the Supreme Court. One side will talk about the reversal of Roe v. Wade as an example of the terrible future that lies ahead. The other side will be quick to point out that this fear-mongering first started in 1981 when Sandra Day O’Connor (the first woman to serve on the court) was nominated by President Reagan and that nothing has happened in the intervening 37 years.

My prediction is that regardless of whoever is confirmed, there will be no evidence from the past on any opinions on “Roe” and he or she will have been groomed by the “Murder Boards” to answer that it is settled law. Murder Boards are groups of legal experts who will rehearse the nominee on how to answer every possible question the Senate Judiciary Committee might ask on any subject, not just Roe, in their role in giving advice and consent. It produces what former Vice President Joe Biden described as a “Kabuki dance” when he was in the Senate.

The questioning does produce great public theater, but it is a tradition that dates to 1925 when nominee Harlan Stone actually requested he be allowed to answer questions about rumors of improper ties to Wall Street. It worked and he was confirmed by a vote of 71-6 and would later serve as Chief Justice (1941-46). In 1955, John Marshall Harlan II was next when Southern Senators wanted to know his views on public school desegregation vis-à-vis Brown v. Board of Education. He was also successfully confirmed 71-11 and since then, every nominee to the court has been questioned by the Senate Judiciary Committee. The apparent record is the 30 hours of grilling Judge Robert Bork experienced in 1987, when he got “Borked” by trying to answer every single question honestly. Few make that mistake today.

Roe v. Wade was a 1973 case in which the issue was whether a state court could constitutionally make it a crime to perform an abortion, except to save the mother’s life. Abortion had a long, legal history dating to the 1820s when anti-abortion statues began to appear that resembled an 1803 law in Britain that made it illegal after “quickening” (start of fetal movements) using various rationales such as illegal sexual conduct, unsafe procedures and the state’s responsibilities in protecting prenatal life.

The criminalization accelerated from the 1860s and by 1900, abortion was a felony in every state. Despite this, the practice continued to grow and in 1921, Margaret Sanger founded the American Birth Control League. By the 1930s, licensed physicians performed an estimated 800,000 procedures each year. In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest or permanent disability of the woman. By 1972, 13 states had similar laws and in 1970, Hawaii was the first state to legalize abortion on the request of the woman. So the legal situation prior to Roe was that abortion was illegal in 30 states and legal in the other 20 under certain conditions.

“Jane Roe” was an unmarried pregnant woman who supposedly wished to terminate her pregnancy and instituted an action in the U.S. District Court for the Northern District of Texas. A three-judge panel found Texas criminal statues unconstitutionally vague and the right to choose to have children was protected by the 9th through the 14th Amendments. All parties appealed and on Jan. 22, 1973, the Supreme Court ruled the Texas statute was unconstitutional. The court declined to define when human life begins.

Jane Roe’s real name was Norma McCorvey and she became a pro-life advocate before she died and maintained she never had the abortion and that she was the victim of two young, ambitious lawyers looking for a plaintiff. Henry Wade was district attorney of Dallas from 1951 to 1987 and the longest serving DA in United States history. He was also involved in the prosecution of Jack Ruby for killing Lee Harvey Oswald. After he was convicted, Ruby appealed and the verdict was overturned, but he died of lung cancer and is constitutionally presumed innocent.

Stay tuned for the fireworks.

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Fillmore Among Presidents Who Juggled Balance Between Free and Slave States

This folk art campaign banner for Millard Fillmore’s failed 1856 bid for the presidency sold for $11,950 at a June 2013 Heritage auction.

By Jim O’Neal

On his final day in office, President James Polk wrote in his diary: “Closed my official term of President of the United States at 6am this morning.”

Later, after one last stroll through the silent White House, he penned a short addendum: “I feel exceedingly relieved that I am now free from all public cares. I am sure that I will be a happier man in my retirement than I have been for 4 years ….” He died 103 days later, the shortest retirement in presidential history and the first president survived by his mother. His wife Sarah (always clad only in black) lived for 42 more lonely years.

Fillmore

The Washington, D.C., that greeted his successor, General Zachary Taylor (“Old Rough and Ready”), still looked “unfinished” – even after 50 years of planning and development. The Mall was merely a grassy field where cows and sheep peacefully grazed. The many plans developed in the 1840s were disparate projects. Importantly, the marshy expanse south of the White House was suspected of emitting unhealthy vapors that were especially notable in the hot summers. Cholera was the most feared disease and it was prevalent until November each year when the first frost appeared.

Taylor

Naturally, the affluent left the Capitol for the entire summer. Since the Polks had insisted on remaining, there was a widespread belief that his death so soon after departing was directly linked to spending the presidential summers in the White House. The theory grew even stronger when Commissioner of Public Buildings Charles Douglas proposed to regrade the sloping fields into handsome terraces under the guise of “ornamental improvement.” Insiders knew the real motive was actually drainage and sanitation to eliminate the foul air that hung ominously around the White House. (It’s not clear if Donald Trump’s campaign promise to “drain the swamp” was another effort or a political metaphor.)

President Taylor was inaugurated with a predictable storm of jubilation since his name was a household word. After a 40-year career in the military (1808-1848), he had the distinction of serving in four difference wars: War of 1812, Black Hawk War (1832), Second Seminole War (1835-1842), and the Mexican-American War (1846-1848). By 1847, Taylormania broke out and his picture was everywhere … on ice carts, tall boards, fish stands, butcher stalls, cigar boxes and so on. After four years under the dour Polk, the public was ready to once again idolize a war hero with impeccable integrity and a promise to staff his Cabinet with the most experienced men in the country.

Alas, a short two years later, on July 9, 1850, President Taylor became the second president to die in office (William Henry Harrison lasted 31 days). On July 4, after too long in the hot sun listening to ponderous orations and too much ice water to cool off, he returned to the White House. It was there that he gorged on copious quantities of cherries, slathered with cream and sugar. After dinner, he developed severe stomach cramps and then the doctors took over and finished him off with calomel opium, quinine and, lastly, raising blisters and drawing blood. He survived this for several days and the official cause of death was cholera morbus, a gastrointestinal illness common in Washington where poor sanitation made it risky to eat raw fruit and fresh dairy products in the summer.

Vice President Millard Fillmore took the oath of office and spent the rest of the summer trying to catch up. Taylor had spent little time with his VP and then the entire Cabinet submitted their resignations over the next few days, which Fillmore cheerfully accepted. He immediately appointed a new Cabinet featuring the great Daniel Webster as Secretary of State. On Sept. 9, 1850, he signed a bill admitting California as the 31st state and as “a free state.” This was the first link in a chain that became the Compromise of 1850.

The Constitutional Congress did not permit the words “slave” or “slavery” since James Madison thought it was wrong to admit in the Constitution the idea that men could be considered property. In order to get enough states to approve it, it also prohibited Congress from passing any laws blocking it for 20 years (1808), by which it was assumed slavery would have long been abandoned for economic reasons. However, cotton production flourished after the invention of the cotton gin and on Jan. 1, 1808, President Thomas Jefferson signed into law that “Congress will have the power to exterminate slavery from our borders.”

This explains why controlling Congress was key to controlling slavery, so all the emphasis turned to maintaining a delicate balance whenever a new state was to be admitted … as either “free” or “slave.” Fillmore thus became the first of three presidents – including Franklin Pierce and James Buchanan – who worked hard to maintain harmony. However, with the election of Abraham Lincoln in 1860, it was clear what would happen … and all the Southern states started moving to the exit signs.

A true Civil War was now the only option to permanently resolving the slavery dilemma and it came with an enormous loss of life, property and a culture that we still struggle with yet today. That dammed cotton gin!

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

President Lincoln Understood Technology and Adapted

This photograph of Abraham Lincoln was among 348 Civil War albumen images in a collection that sold for $83,650 at a December 2010 Heritage auction.

By Jim O’Neal

Presidents have always been challenged to communicate their policies and priorities to the public. As the political party system evolved, newspapers became more partisan depending on their level of editorial bias – usually due to strong-willed owners/editors – forcing administrations to devise creative ways to deliver unfiltered messages.

In the 20th century, President Wilson established the first presidential press conference in March 1913. All of his predecessors have continued using this innovation with only minor variants. FDR used “Fireside Chats” to help ease public concerns during the Great Depression, using bromides like, “The only thing we have to fear is fear itself” or explaining how the banking system works to restore confidence in the financial system.

President Eisenhower preferred off-the-record sessions with reporters and heavily edited film clips.

Then by 1960, with 87 percent of households having televisions, people could tune in twice a month and see the young, telegenic JFK – live and uncut – deliver his aggressive agenda for America. Up until then, press conferences were strictly off the record to provide the opportunity to correct any gaffes or poorly phrased answers to difficult questions. President Truman once told reporters “the greatest asset the Kremlin has is Senator [Joe] McCarthy” … but the quote was reworded before being released!

President Trump has adopted modern technology to bypass the media and communicate directly to anyone interested (which includes his base and the frustrated media). Daily WH briefings have become increasingly adversarial as many in the media are in various stages of open warfare, especially The New York Times and CNN. The 24/7 news cycle allows viewers to choose media that are consistent with their personal opinions and the result is a giant echo-sphere.

In the 19th century, President Lincoln was often confronted with extreme press hostility, especially by the three large newspapers in NYC, which attacked him personally and for his failing Civil War policies, particularly after the Civil War Draft Riots. Lincoln retaliated with dramatic letters in 1862-63 – ostensibly to New York Tribune editor Horace Greeley, but also strategically to all newspapers to reach a far wider audience. At the very least, he reduced editorial influence and in doing so revolutionized the art of presidential communications.

And then it was suddenly Nov. 19, 1863, at Gettysburg, Pa. What Lincoln said that day has been analyzed, memorized and explained … but never emulated. The only flaw was the prediction that “The world will little note, nor long remember, what we say here …”

The compactness and concision of the Gettysburg Address have something to do with the mystery of its memorability. It was 271 words. It had 10 sentences, the final one accounting for a third of the entire length; 205 words had a single syllable; 46 had two; 20 had three syllables or more. The pronoun “I” was never uttered. Lincoln had admired and seen at once the future of the telegraph, which required one to get to the point, with clarity. The telegraphic quality can be clearly heard in the speech – “We cannot dedicate, we cannot consecrate, we cannot hallow this ground.” Rhythm, compression, precision … all were emphasized.

Perhaps the most overshadowed speech in history was the one featured as the main event that day: Edward Everett’s oration. He was a Harvard man (later its president), a professor of Greek, governor of Massachusetts, and ambassador to England. Everett’s two-hour speech (13,607 words) was well received. Lincoln congratulated him.

Afterward, in a note to Lincoln, Everett wrote: “I should be glad to flatter myself that I came as near to the central idea of the occasion, in two hours, as you did in two minutes.” Lincoln’s grateful reply concluded with “I am pleased to know that in your judgment, the little I did say was not a failure.”

Not bad for a man traveling with the fever of a smallpox infection! 

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

National Debt on Automatic Pilot to More Growth

A letter by President George W. Bush, signed and dated July 4, 2001, sold for $16,730 at an April 2007 Heritage auction.

By Jim O’Neal

In May 2001 – just 126 days after President George W. Bush took office – Congress passed his massive tax proposal. The Bush tax cuts had been reduced to $1.3 trillion from the $1.65 trillion submitted, but it was still a significant achievement from any historical perspective. It had taken Ronald Reagan two months longer to win approval of his tax cut and that was 20 years earlier.

George W. Bush

Bush was characteristically enthusiastic about this, but it had come with a serious loss in political capital. Senator James Jeffords, a moderate from Vermont, announced his withdrawal from the Republican Party, tipping control of the Senate to the Democrats, the first time in history that had occurred as the result of a senator switching parties. In this instance, it was from Republican to Independent, but the practical effect was the same. Several months later (after the terrorist attacks on the World Trade Center and the Pentagon), there was a loud chorus of calls to reverse the tax cuts to pay for higher anticipated spending.

Bush had a counter-proposal: Cut taxes even more!

Fiscal conservatives were worried that there would be the normal increase in the size and power of the federal government, lamenting that this was a constant instinctive companion of hot wars. James Madison’s warning that “A crisis is the rallying cry of the tyrant” was cited against centralization that would foster liberal ideas about the role of government and even more dependency on the federal system.

Ex-President Bill Clinton chimed in to say that he regretted not using the budget surplus (really only a forecast) to pay off the Social Security trust fund deficit. Neither he nor his former vice president had dispelled the myth about a “lock box” or explained the federal building in Virginia that had been built exclusively to hold government IOUs to Social Security. In reality, they were simply worthless pieces of scrip, stored in unlocked filing cabinets. The only changes that had ever occurred with Social Security funds were whether they were included in a “unified budget” or not. They had never been kept separate from other revenues the federal government received.

But this was Washington, D.C., where, short of a revolution or civil war, change comes in small increments. Past differences, like family arguments, linger in the air like the dust that descends from the attic. All of the huge surpluses totally disappeared with the simple change in the forecast and have never been discussed since.

Back at the Treasury Department of 15th Street, a statue to Alexander Hamilton commemorates the nation’s first Treasury Secretary, a fitting honor to the man who created our fiscal foundation. But on the other side stands Albert Gallatin, President Thomas Jefferson’s Treasury Secretary, who struggled to pay off Hamilton’s debts and shrink the bloated bureaucracy he built.

Hamilton also fared better than his onetime friend and foe, James Madison. The “Father of the Constitution” had no statue, no monument, no lasting tribute until 1981, when the new wing of the Library of Congress was named for him. This was a drought that was only matched by John Adams, the Revolutionary War hero and ardent nationalist. It was only after a laudatory biography by David McCulloch in 2001 that Congress commissioned a memorial to the nation’s second president.

Since the Bush tax cut and the new forecast, the national debt has ballooned to $20 trillion as 9/11, wars in Iraq and Afghanistan, and the 2008 financial meltdown produced a steady stream of budget deficits in both the Bush and Barack Obama administrations. The Donald Trump administration is poised to approve tax reform, amid arguments on the stimulative effect on the economy and who will benefit. In typical Washington fashion, there is no discussion over the fact that the national debt is inexorably on automatic pilot to $25 trillion, irrespective of tax reform. But this is Washington, where your money (and all they can borrow) is spent almost with no effort.

“Just charge it.”

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].

Best Way to Revamp Income Tax Might Be a Do-Over

A 1917 World Series Program, featuring President Woodrow Wilson on the cover, sold for $4,800 at a May 2017 Heritage auction.

By Jim O’Neal

In 1912, after 16 years in the wilderness, Democrats seized control of Congress and the White House, with Woodrow Wilson as their leader. To their disappointment, the new president kept celebrations to a minimum. He delivered a brief inaugural address on March 4, 1913, canceled the inaugural ball, and reviewed the parade with stoic forbearance. This is not a day of triumph, he declared, but a day of dedication. And it was a day to muster the forces of humanity, not the forces of party.

Wilson went on to produce the greatest outpouring of social legislation Americans had ever experienced, during a brief period when the ruling class would use Hamiltonian means of a strong federal government to bring about Jeffersonian ideals of egalitarianism. His presidency would transform the American banking and currency system, create new industrial and farm policies, and expand the protection of America’s natural resources. But the first accomplishment was lowering tariffs and enacting an income tax – reforms aimed directly at middle-class pocketbooks.

Wilson and his associates sincerely believed that the federal government needed to serve as a counterweight to corporate wealth and an aggressive agent to help ordinary citizens. Wilson’s legacy is often cited as a fateful turning point when “do-gooders” harnessed the income tax to both raise revenues to grow government and to redistribute the wealth of Americans in a way they viewed as more fair. Yet at the outset, no one could foresee that war, not social justice, would start an inexorable rise in taxes that would thwart all the moral absolutism dreamed about.

Starting the day after his inauguration, Wilson called Congress into an extraordinary session for a historic assault on the tariff system by delivering his message personally in the first presidential appearance inside the Capitol since the days of President Jefferson. Although he recognized the challenge he faced due to conservative committee barons who dominated Congress, despite being Democrats, Wilson stood with his progressives and intended to use his executive power to the fullest. By September, the Senate actually passed a tariff bill that helped consumers … a historical first.

However, there was the small issue of how to plug the $100 million loss of revenue that was created. And so we now meet the federal income tax, which turned employers into tax collectors. New York’s The Sun summed up the opposition by arguing that income taxes were repugnant except in times of great national emergency and charged “it amounted to taxation of the few for the benefit of the many.” Advocates claimed it was merely a way to tap the “surplus” income of the rich – “over and above the amount necessary for good living.”

On May 8, 1913, the House approved the first income tax that would actually take effect since 1872, when Congress repealed Civil War-era taxes. But the Senate disagreed, with some senators opposing the “confiscation of property under the guise of taxation” and others saying “No honest man can make war upon great fortunes per se.” The war of words continued until a law was passed that affected fewer than 4 percent of Americans, with working-class people virtually excluded. A 1 percent rate on $20,000-$50,000 graduated up to 6 percent on $500,000 and above. There was also a 1 percent flat tax on corporations.

After two years, everyone seemed angry at Wilson for doing either too much or too little. Feeling besieged, he entertained a fantasy of putting on a beard and sneaking out of the White House prison, or putting a sign in front of his office: “Don’t shoot! He’s doing his best.” The reform agenda was mobilizing to act when…

In June, a shot rang out at Sarajevo.

World War I would eventually cost the United States $50 billion and the federal budget grew from $742 million in 1916 to nearly $14 billion in 1918. Excise taxes and tariffs had been providing 90 percent of federal revenue and this was limited. What to do?

Thus started the long story of the U.S. income tax, which at one point grew to 90 percent and has become so complex not even the IRS knows with certainty what lurks on all 50,000 pages of highly technical jargon (or even if 50,000 pages is accurate!). It grows each day … as does the debt that is back in the news.

My recommendation to President Trump is to simply start over, since every effort to reform only adds more pages and complexity. Take a blank piece of paper and write down “Need 18 to 20 percent of GDP to run federal government. Question: What is the best way to get this money and do the least damage in the process?” Answer: Find three smart people to figure it out, then just do it … fast.

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 chair and CEO of PepsiCo Restaurants International [KFC Pizza Hut and Taco Bell].