01 December 2019

Spinning Animal Cruelty

It is hard to escape bias in news reporting. For that matter, it always has. But last week, a story got universal praise and consistent coverage.

Congress passed and the president signed, to great fanfare, the “PACT Act,” the Preventing Animal Cruelty and Torture Act. The headline and first words of the newscasters were something like “animal cruelty is now a federal felony.”

It’s also completely false. Those reports were at least intentionally misleading and at worst a damn lie.  We have been served a helping of shameless bipartisan pablum.

[Should animal cruelty be illegal? Asking me that question is offensive. As one representing defendants, I didn’t do animal cruelty cases. As a prosecutor, I did not dismiss or make a deal in animal cruelty cases without the agreement of the animal control officer. That agreement was rare and should have been. So this post is not about animal cruelty so much is it is about the public swallowing a lie – hook, line and sinker.]

Let’s look at what the new statute says:

“(a) Offenses.—

“(1) CRUSHING.—It shall be unlawful for any person to purposely engage in animal crushing in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

“(2) CREATION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful for any person to knowingly create an animal crush video, if—

“(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or

“(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce.

“(3) DISTRIBUTION OF ANIMAL CRUSH VIDEOS.—It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce.



That’s it.

This outlaws a sick but uncommon (and probably sexual) fetish and the distribution of videos to sick people.

Federal law contains little about animal cruelty.

Look for yourself – it consists of The Animal Welfare Act, 7 U.S.C. § 2131, et seq., [et seq. = “and sections following”], The Horse Protection Act, 15 U.S.C. § 1821, et seq., The Humane Methods of Slaughter Act, 7 U.S.C. § 1901, et seq., The 28-Hour Law, 49 U.S.C. § 80502 [providing that a common carrier, railroad, trucking company, ship’s master, etc., “may not confine animals in a vehicle or vessel for more than 28 consecutive hours without unloading the animals for feeding, water, and rest.”], The Animal Crush Video Statute, 18 U.S.C. § 48 [unlike PACT, it prohibits just the distribution of the videos], and The Animal Fighting Venture Prohibition Act, 18 U.S.C. § 49.   The last statute probably furnishes most of the federal prosecutions for animal cruelty because, among other things, it prohibits interstate dogfighting schemes.

And it’s the “interstate” part that means that most animal cruelty is not going to violate federal law.

We live under a Federal constitution. 

The Tenth Amendment (ratified December 15, 1791), says that “ The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

In other words, local crime is a local problem to be dealt with by local – that means statewide – statutes. Without some interstate effect, or occurence in a federal territory as opposed to a state, Congress does not have the power to prohibit a crime, no matter how serious the crime is.  The 10th amendment, as well as the “Commerce Clause,” [U.S. Constitution, Article I, Section 8] limits the powers of the national government. These powers have been stretch over the years but stretch to the point that animal cruelty, however bad, will automatically be a federal felony.  Drugs move in interstate commerce, so that’s why they violate Federal criminal laws.  Schemes and scams use communication devices or the mail, and that gives the Federal government power.  But murder?  Nope, it’s a state crime.  Sexual assault?  Ditto.  Robbery?  Mostly a state crime.

And so, for someone who cares about crime, it is FAR more important to track what happens in your state.  For Heaven's sake, don't depend on Congress to solve all of life's problems.  They don't have the power and they're not smart enough anyway.

Everybody political and all of the breathlessly dramatic media outlets have sold us a bill of goods.

Mizpah!

10 October 2019

Rent Control; The Government Giveth and . . .

Rent control has been around for many years.  This is a dull subject.  It carries a lot of turgid detail. So if you want the equivalent of Sesame Street characters to sing and dance about rent control, you are in for a huge disappointment.

You still with me? I don’t blame you if you’re not. This is the dry stuff.

It’s important only to the people involved, but it is oh-so-easy to ignore other people’s problems.

Proposition One: 

Understand this: There is no such thing as government money. Governments create nothing tangible. What the government does is create order and organization and does so using other people’s money to do necessary things that the public is not likely to do for themselves. This is neither good nor bad. We would not voluntarily fund roads to go places we individually don’t want to go, nor call on the fire department when there is no fire, nor spend defense money against a threat until it appears.  Roads, fire departments and defense are examples of why government exists.

Government money comes from people. People pay for everything through direct taxation, tariffs which increase the cost of goods and services, and payment to businesses which cover the cost of the business. (This ignores the role of interest, I know.  I’ll leave that for another day in case I ever figure interest out.)

Again, having money funneled through the government is not a bad thing nor a good thing, it is just a thing. I have lived my life receiving money which has stopped briefly in government hands, as do most people. I’m okay with that.

Now, rent control:

There is a housing crisis in California as in lots of places. The rent is high and people have difficulty affording housing and associated costs. Every darn thing is a “crisis” these days, and maybe this one really is. It is cheaper to live in Kansas, Montana, West Virginia, Maine, etc., but then you give up the opportunities to make more money with jobs and the opportunity to live in a large, well-served area people.  The residents may like that, may not like that, may pretend to like it or not, or a few may simply be unaffected by it. But it is true.

California has new legislation that says that a landlord can raise the rent on an existing tenant by 5% per year plus the regional consumer price index (defined by the US Bureau of Labor Statistics), not to exceed a total of 10% per year.

A modest two-bedroom apartment in Orange County, California, goes for at least $2000 per month. For an existing tenant, given the CPI at 3% (which is close to the actual number), the rent on that $2000, two-bedroom apartment can be raised to $2160 in 2020. If the landlord does no real work on the unit, the landlord may make out well; if there are excess expenses, the landlord will eat at least a part of that. You take your chances. That’s business.

(A friend advertises apartments in West Virginia.  He has equivalent apartments to a $2000 California apartment for $700 per month.)

Proposition Two: Everybody looks out for number one.

So here are some possible effects of the current rent control legislation.  There are two expected effects of new rent control, both of which should have been expected, may have been expected, but nobody has been talking about.

First, we have created a difference between what an existing tenant pays for a now-$2000 apartment and what a new tenant will pay for the same apartment.

The landlord – looking out for number one – looks at the total income from the apartment business, and will only care which individual pays what to the extent it affects the willingness of potential tenants to sign a lease.

(A long time ago in a galaxy far, far away, I was the treasurer of a $42 million hospital. I excited some comment making a joke on-the-square that it didn’t matter - from the hospital's perspective - if everybody paid the same no matter what care they had or if we soaked two rich people for $21 million each as long as paid. As I say, that was a joke on-the-square which did make sense from a very limited perspective by the provider.)

With rent control, new people will get soaked, and there is little that anybody can do about that.  The next step may be that some public agency, who may not know a lot about rentals, will declare what rent will be.  And that, of course, would have additional unexpected effects. 

Second, rent control will freeze tenants where they are. If you have someone who wants to live in a different place, they are going to subsidize the people staying where they are at. Some people might want to move to a nicer place, which is currently a $3000 a month apartment, for which that will cost them $4000 with rent control - and which they may not be able to afford. Some tenants' jobs may have moved and they can’t afford the $4 gasoline and need to move. So, do they moved to a one-bedroom now-$1500, then-$2000 apartment or balance the transportation costs against a now-$2000, then-$3000 apartment and just go out to dinner less often? (Which, of course, will reduce the gross income in the restaurant industry and may require layoffs and/or increasing prices. Our connected economy is a real inconvenience.)

The upshot is that the current law will deal with parts of the immediate crisis.  There are crises to come.  What will drive out landlords, have them take their money and move to Kansas?  Beats me.

The moral here is not “Woe betide one who messes with capitalism.”  We mess with capital all the time with various degrees of success. But the moral is that if you DO mess with capitalism, (1) you also mess with labor, (2) you don’t solve all of the problems, and (3) you cause new problems that will have to be dealt with in the Fullness of Time.

Mizpah!


17 July 2019

An Olio of Miscellancy, Part 3

Worry:

Worry is paying interest on a debt that may never come due.  (I heard that one from a Marine-officer-turned-tour guide in Arizona.) 


Transparency:


Everybody wants transparency of everyone except themselves. Seldom is anybody satisfied.

The Fairmont (WV) Police Department was involved in a fatal (to a civilian) car wreck a couple of weeks ago.  Kudos to Chief Steve Shine for having the accident investigated by the Sheriff’s Department of a different County. 

Oh, folks will continue to complain, that’s just what they do. But this shows a conscientious effort to get a neutral opinion.


Safety:


Try to avoid depending on a single piece of equipment when - if it fails - it might be fatal.

In the last week, there have been two detectable earthquakes in Southern California. They recently found a person who may have been an earthquake victim. He was working on his car and had "safely" jacked it up.  Authorities theorize that he was under the vehicle when the earthquake hit and the jack collapsed.

The moral: plan on the equipment failing and take steps that a failure does not kill you. When you jacked up a car, use jack stands or cribbing.  They are less likely to fail than the $.25 jacks automakers put in vehicles.

I remember Astronaut Sally Ride as a member of the Challenger Commission asking, “You mean you didn’t back up a Criticality One condition?!?”   (Criticality One = it fails, you lose everything.)  She’s also the one who figured out that the O-ring material that failed was brittle in cold weather.


D. B. Cooper:

A former paratrooper died this week. He has long been “a person of interest” in the 1971 hijacking pulled off by a guy whose nom d'guerre was D. B. Cooper. Nobody ever knew for sure who did it, the hijacked ransom may or may not have been partially recovered and the parachute may or may not have been found.

Folks are calling on the FBI to investigate this claim and solve the crime.

The crime is 48 years old. Give it a rest. It does not matter. Vishnu on the stove top, we have better things to do.

D. B. Cooper, drop in some time.


The more things change, the more they stay the same Dept:


Wednesday, November 4, 2020.  Biden-Harris-Swalwell-O’Rouke-Etc. Elected. 

“Not my president” rallies are held.

History doesn’t repeat itself, but it rhymes.  (Not sure where I got that phrase from - it’s not original to me.)

To quote Sen. Manchin, for a state to succeed, whoever is president needs to succeed.  Goes for Trump.  Goes for Biden.  Goes for Harding.


Jim Beam Company - A bit of class


Jim Beam Distillery had a huge warehouse fire recently.  They just published an open letter thanking the many firefighters who fought the blaze.  Firefighters deserve at least a “Thank You.”


“Olio of Miscellany”

I’m trying to remember where I first saw that term. I think I saw it in writings of my late friend and brother, Oce Worthington Smith, Jr.   He taught me his  very unique style of writing. He wrote in the first person plural (“we believe that…”), and had a masterful command of the English language. When he wrote his newspaper column, sometimes he just had a few things to say, none of which would fill up a 1000 word column. So he would just call it an “Olio of Miscellany,” and wrote down what he had to say.

Also, I end these Dispatches with the word “Mizpah!”  That was also Oce’s signature sign-off.  It come from Genesis 31 and symbolizes brotherhood.  "The Lord watch between you and me, when we are absent one from the other.”

Mizpah!

08 July 2019

Stupidity on Ultimate Questions

Can you argue God?  More exactly, can you argue God and make any difference other than to move your mouth?

I doubt it. 

The truth was decided at least 14 billion years ago.  Or 6000 years ago.  Or as many years ago as you care to believe.  But the truth IS decided. 

If an atheist tells me that God is not, but in truth He is, does the atheist destroy God?  Nope.  If I tell an atheist that God is, but He is not, does that create God?  Nope.  If one belief says that God is thus-and-so, does that make it so?  Nope.  

The truth is already decided.  We don't KNOW it, but it's decided.

That doesn’t prevent people from arguing bitterly!  It doesn’t keep people from misrepresenting the words and meaning of the “other side’s” arguments.  The (fill-in-the-blanks) are evil, stupid, zealots (for God, for secularism), and Communists/Fascists/Anarchists/ Imperialists/Fill-in-the-blank-ists.  Nothing disturbs the truth.  We don’t KNOW the truth, all we can do is form BELIEF and FAITH.  (They are really the same.  My Faith that God is and the atheist’s Faith that God is not are just two flowers in the same garden.)

We kill in the name of differing notions of God.  We kill in the name of denying all gods.  Hell, maybe we just like to kill.

I ran across two letters from the early 19th century between acquaintances.  One was Miles King, who had been a Navy man and a middling government official. The other was Thomas Jefferson.  My point in presenting these is not which (if either) is right.  They no more KNEW the truth than I do.  The point today is that (1) they read them, (2) thought about the other’s views, (3) responded rationally, (4) with good will and (5) without rancor. 

It kinda makes how we sound in the present day pretty pitiful.

You might also notice that these guys are more well-read than the average person in this era.

Mizpah!


Miles King to Thomas Jefferson, 20 August 1814

From Miles King
Mathews County Va

Aug: 20th 1814

Dear Sir,

It is not without a considerable struggle in my mind arising from the conflict between a concieved duty, and many weighty and powerful objections, that I have ventured at some length to address you on the all important subject of vital religion. And it is highly probable, that both the theme, and writers name, may surprize you, and cause some astonishment; Yet I cannot help indulging the hope, that neither will be thought by you on mature reflection, too insignificant to be attended to, especially the former, as it should be the constant companion and solace of every great and polished mind. The religion of the gospel of our Lord Jesus Christ!! is the welcome guest of every truly wise man that liveth under its salutary dispensation, or it must become so, If he would be happy and comfortable in the serious and solemn contemplation of death! judgement! & Eternity!—for it must be allowed by every one that before such awful and stupendous Scenes as those, all other subjects in a measure vanish; The splendour of the world and all its wisdom flee-eth away! The philosophy of Greece & the power of Rome in comparison of these, becomes a bursted bubble! a mere empty void. I am still farther encouraged to hope, that this unexpected letter, and its principal design, will be regarded by you Sir in a favourable light, from the slight personal acquaintance, I have had with you during your Presidency over these united states; and as it may not be altogether irrelative to the main purpose of this epistle, I will briefly state that I was introduced to your notice, early in the congressional session of 1806, by Mr Thos Newton a member from the Borough of Norfolk, at which place I then resided. your politeness, urbanity, and general condescension, won me so entirely, that I have not yet forgotten the circumstance & probably never shall in this life. This particular I should not have mentioned to you Sir, if Sincerity and frankness had not urged it as a strong reason for the hope above Expressed. Believe me Sir it is not my aim to flatter but rather to convince; that conviction may serve as a motive for humility in you, that I now write, and it is my intention, so far as I can to strip the mind of its artificial and deceitful covering—its borrowd ornaments from Art or Science, and Expose to your veiw its latent deformity, so that pride may be abashed & confounded, unbelief put to flight, skepticism exterminated, and reason, the handmaid of religion become subordinate to sublimer revelation. But in attempting this I am not unconscious of my insufficiency for so great a task, and therefore rely upon Divine aid to inspire my mind whilst employed in my great masters-Service, in the development of truth, to offer such Ideas for your consideration as by his help shall make forcible entry into your heart, and leave indelible impressions on your mind. A proper subject presents itself to me in the person of an old Lady that now lies at the point of Death, at the threshold of Eternity or on the margin of another world, in an adjoining room—she is I believe turned of ninety—her maiden name was Plater, and I am informed was sister to the Govr of Maryland of that name during our colonial vassalage—She has ever lived in affluent circumstances—Been bless’d with a good constitution, and a liberal Education—she yet enjoys all her mental powers—and hesitates not to Join with Solomon in pronouncing all sublunary Joys abstract from Christ!! but Vanity! she is wasting fast and seems to long for a better rest—a permanent dwelling beyond the reach of Death or fell diseasd Sins foul offspring—Oh! Sir I would have you to contemplate this last scene of human suffering and wreck of worldly granduer, which you must also ere long Exhibit in your own person, and now whilst you have opportunity. let me urge you to seize upon some moments of retirement, which are ever favourable to meditation—or should you awake, at the silent and impressive hour of midnight, when tired nature is hushd in calm repose around you, Ask thyself these important questions! Who, and Whence am I? For what purpose was I born? It could not be merely to fill up so short a space as comprises human life, to be tossed upon the Boisterous waves of this unfriendly world, or agitated by the storms of life, for threescore years, and then Sink into endless oblivion, that I came forth! reason & revelation both forbid such a conclusion. what then remains for me to fix upon, If after Death I become not annihilate? what but immortality? here I am constrained to rest, all else1 is wild conjecture: where am I faste or rapidly hastening upon the Gospel scheme? to Heaven or to Hell? and what other scheme is offerred to my understanding, that will bear so critical an investigation, relative to my ulterior fate as the Gospel of Jesus Christ!!? On what other solid foundation can I Erect my hope of happiness? But when O my Soul shall I experience the awful realities of another world? does not the time draw nigh? when I shall leave this present world for ever? and am I fully prepared by an inflexible faith in Jesus Christ!! as the Son of God! and Saviour of the world, to stand at my Great Judges bar and hear my ever lasting doom pronounced, to happiness or woe—? And now permit me to ask dear Sir, are you not an old man well stricken in years, and laden with the highest honours that a grateful country can bestow? But what will these avail you in a dying hour? “or what can it profit any man if he gain all the world & yet should loose his soul.” your high standing in the great community is undeniable & there are but few, if any persons that more sincerely wish you a long enjoyment of a nations love than I do, long may you enjoy every Earthly Bliss, and the evening of your days be gilded with the mild and cheering rays of an approving conscience; the common harbinger of eternal and unfading Bliss. But to secure so great a blessing it is not sufficient that we have the applause of mortals, or ourselves alone, for we must have the approbation of Our God! his spirit witnessing with ours, that we are his children: This we cannot have unless we are converted & changed by the operation of his spirit!!! at our earnest request from a state of Nature to one of Grace! in short sir we must be born again or die for ever!—Oh that I had but a fourth part of your erudition & extensive knowledge, methinks I could easily persuade you by divine assistance of this indispensable fact: But I do not despair altho’ I labour under the disadvantage of a Shallow understanding and but a superficial education, by the help of God! to make Some lasting impression on your highly cultivated and ingenuous mind. And Sir if my prolixity be not tiresome to you, or does not obtrude upon your useful employment of Times fleeting moments, too far; I would again call your attention to the contemplation of some prominent features in my own life, not to gratify vanity—but to elucidate truth, and corroborate the doctrines of the Gospel of our Lord Jesus Christ!! in respect to the new birth & the progressive operations of the Holy Spirit!!! so that you might become enamoured of the same to the salvation of your precious and immortal soul! in doing this Sir I will endeavour as briefly as the confined limits of a letter will allow, to follow the plan furnished by the great apostle of the gentiles St Paul when arraigned before King Agrippa and Govr Festus, (that is to give a true history of my own conversion) & altho the Occasion be different, and Some slight shade of diff: as to the title of our auditors, yet will I presume to express a hope and fervently pray to my Heavenly Father for his dear sons sake, that you my highly respected & venerable Sir, may become not only almost, but altogether a Christian! and consequently attain that everlasting felicity, which I fear Festus, nor Agrippa ever did.

I will say no more of my parentage, being but an obscure individual, than My being the second son of John King of Virga long deceased, and Nephew of Miles King lately decd whom If I mistake not I have heard say, you were once at his house in Hampton on your return from an embassy to France—I was born in Prince George county Va and Brought up to the Sea, early in life I obtained command of a Vessel and traded to Europe for many years; I was commissioned & served a year or two as a Lt in the Navy of the U.S. during the administration of Mr Adams, and after the peace establishment took place, about the time of your inauguration to the presidency: I purchased a vessel & again traded to Europe, was generally successful and thought, but little or nothing of religion—was much disposed to a luxurious life of debauch and intrigue, accustomed to move in higher circles, than usually falls to the lot of ship masters—In short I lived a life of pleasure and gaiety, with now and then a hair Breadth escape from death, either by shipwreck or other casualty—untill it pleased God! to take from me my second wife, an amiable and affectionate woman; This affliction caused me for a short time, during the first paroxism of violent grief. to pause in my carreer and reflect on the uncertainty of human life—how fleeting its Joys & how certain death would oertake every child of man! It was not long after this chasm in my domestic happiness, that I visited the city of Washington, to get rid of Melancholy, and as I before observed, had the Satisfaction of being introduced to you—which circumstance, I can assure you Sir, trivial as it may appear to you, did not fail to augment my vanity considerably: you may perhaps smile at this; but I question if candour was to search the archives of your own memory, if it might4 not be discovered, that in early life, perhaps when in your diplomatick carreer, on being introduced at court &c &c you felt sensations similar to those I have glanced at—Vanity Sir, was ever one of my besetting Sins, and a Knowledge but very lately acquired thro’ grace, of this part of my own character; together with an accompanying fear lest I should be overcome by the tempter on this evil score again, in writing such a letter as this, with familiarity and entire freedom to one of the most distinguished characters of my country—I had almost said of the Age, has operated so powerfully on my mind, as to prevent me from writing for Some months past. How it came first into my mind to write to you at all, I will relate so well as my memory serves. Some time early this spring I awaked about midnight, perhaps Just after I might have been dreaming something about you—And in consequence, my thoughts were much employd about your spiritual estate—for I had often heard you indignantly called, deist, infidel, illuminati &c &c a thought sprung up within me, that it would not be considered by you an unpardonable crime, for me to write you a letter on this subject! that is to make an enquiry of yourself as to your real and candid sentiments respecting the religion of the Gospel of Christ!! what your hopes and fears? whither you have or ever had either? or if there is any consideration on Earth, that would induce you if required, deliberately, to sign a formal renounciation of any hope of Eternal happiness, that might Occur to you from the infinite Merit of Jesus Christ!! or in other words, whither you would for any consideration, forego all your interest in his sufferings, Death, Resurrection, assencion &c? But sir on viewing the great disparity between our situation, standing, acquirements &c I felt so little and insignificant in my own Eyes, that I endeavoured to get rid of the thought of writing and to treat it as a temptation from the Devil to ensnare me, but after having slept and again waking, the mind was reoccupied with the same Subject, and it was clearly represented to me in thought, that if I would write, it might do much good—infinitely more than I then had any Idea of, and I might moreover state, that the draught of a letter, the very words and sentences, were unfolded to my mind—But I treated all these things with indifference, merely mentioning them in my own family. a month or more passed away without one similar thought, that I recollect—when to my utter Surprize and astonishment, I spent just such another night Sir, in contemplating your life. Services, learning, honors and probably speedy Exit from this to an Eternal state, & the phraseology of another letter differing but a little from the first was again presented—both these were certainly couched in more elegant language than I am accustomed to, or indeed than I am capable of using, But both seemed to Exhibit simplicity & perspicuity: and after resolving and reflecting on these strange thoughts I was seemingly destitute of a plausible excuse, for writing on such a topick to a character of such eminen[ce.] But it was soon Suggested to me by my invisible director, that in your most exalted situation you had condescended to notice me and ask me to dine with you, which I had done, and wherefore should I then doubt your attentive perusal of a letter from me, especially on so important a business as the Salvation of your own immortal Soul! furthermore it seemed as tho’ I was urged to make use of our former (tho so slight) acquaintance as the basis of a new one, that might last for ever, unless you should frustrate it either thro’ apathy or high mindedness. As plain as the case now stood, I merely mentioned it in a light way to my companion, who perhaps observed that it was singular, that I should be thus Exercised, about so st[range] a circumstance as writing a Spiritual letter to Mr Jefferson—this likewise passed off a month or two untill yesterday, when after breakfast I retired into my room set apart for study and devotion and whil[e] pausing to consider what author I should take up, a thought darted into notice as if a man had spoken to me thus; write the letter to Mr Jefferson and discharge the obligation you owe him for former attention and acquit your conscience, in the Sight of God! I felt a purturbation of mind & went to prayer, became tranquil after having committed the whole affair to God! and asked his Blessing. I set down immediately to commu[nicate] such thoughts as might Occur—thus Sir you have a brief view of my reasons and motive for writing: your goodness must excuse the want of connection and all other deficiencies, and be assured, that however it might gratify my feelings to have an answer from you in reply to this letter; Yet it will not at all mortify me if you should treat it with contempt, except in as much as it might militate against you in another world. another of my scruples about writing arose from a consideration of these eventful times, this alarming crisis of the publick welfare, wherein our Nations very Existence as a republic, seems to be involved or threatened; And at such a time as this, I calculated that your advice & Counsel would be much sought for, by our present worthy and enlightened President & that under these publick exigencies of the state, you would not perhaps take leisure enough to attend (not indeed to the merits of this letter, for I am truly conscious as before Expressed of many defects, which I do not exactly know how to remedy—) to the important theme, to wit vital religion—contained herein. But again I thought if I could be so happy as to enlist, by any suggestions whatever, the enlightened Chiefs of my nation in the cause of God! of holiness & of truth, I feel well assured, that it will tend more to the restoration of public tranquility—National & individual peace & happiness—than if we had all the legions of Europe at our Beck without religion—and do not my dear Sir mistake me herein or suppose me capable of insinuating that Armies are of no avail in procuring peace, for I am too well assured of the consistent method in which our Heavenly Father Governs the universe and does all things agreeably to his Divine perfections, not to allow that certain causes will produce in general certain effects—But I would be understood as saying—that if peace were obtained th[ro a] by any5 secondary means, such as augmentation of fleets & armies &c it could not be either truly hon[orable] or Durable. for this plain reason, that unless a proper understanding or sense of true religion prevails & pervades the nations—there can be no other Bond found, sufficiently strong to ensure peace if the ambition, mistaken policy or supposed interest of nations dictate a Breach—for it is written “there is no peace to the wicked,” this applies to Nations or individuals—I am also clearly of opinion that our impiety hath provoked this war upon us, and that nothing short of National reformation can do the Nation real good. Hence it is incumbent on every real patriot, to set a speedy example to his fellows; of true [piety?] & holiness & no examples are so powerful as those furnished by the higher orders of the community—It is not sufficient that our rulers & private worthies—Legislators & Judiciaries, merely tolerate religion: they must themselves become religious—thier Light must shine to the Glory of God! & the illuminating of others—more over I am of opinion that the present order of human affairs, is ere long to undergo a radical change and a more glorious arrangement to succeed, as promised in the Millenial Reign of our Lord Jesus Christ! on Earth, which I expect is to be a spiritual Reign, during which “the Earth shall be covered with righteousness as the waters cover the face of the great Deep”—and “the Kingdoms of this world shall become the Kingdoms of our God! & his Christ”!! spiritually no doubt, for they are now his by creation & sovereign right—but then all the world shall worship him & Jew and Gentile, be fed by one shepherd and become the inmates of one fold! Furthermore I am convinced that God is over all his works Blessed for ever more—that he now does & for ever will rule the destiny of Nations, so long as they are permitted to Exist: that war, famine, and Pestilence are the three instruments of his wrath, wherewith he generally Scourges nations for their impiety and afflicts them for transgression—that he builds up & pulls down Kingdoms, not capriciously as mortals do & then undo thier pigmy perishing works—but in righteousness, and according to thier conduct “as it is written, Proverbs 14 Ch: Righteousness exalteth a nation; but Sin is a reproach to any people.” again we learn from the 18 ch: of the Prophet Jeremiah, (which I request you to read) “At what instant I shall speak concerning a Kingdom, to pluck up and to pull down, and to destroy it; If that nation against whom I have pronounced turn from thier evil: I will repent of the evil that I thought to do unto them. And at what instant I shall speak concerning a Kingdom and concerning a nation to Build and to plant it: If it do evil in my sight, that it obey not my voice, then will I repent of the good, wherewith I said I would benefit them.” On examining our nations history and meditating on these sacred and important truths—I was led to conclude, that God! in his infinite wisdom, goodness, and mercy! had done great things for us as a people in Emancipating us from A yoke of Tyranny and foreign domination and giving us a name and rank among the other nations of the Earth; but instead of these things, and a course of unparalleled prosperity exciting in us the liveliest thanksgiving and praise—It appears to me that we have like the Jews of old, repaid, this Bounteous efflux of Divine love, with the Blackest ingratitude & have continued to sin with a high hand—It would seem as if Our chiefs, I mean the rulers of the realm & those high in authority—thought that enough was done, by merely tolerating religion, as I have before hinted—But I again repeat it Sir this is not sufficient—However good in its place, for the National Legislature to recommend publick humiliation at particular times—yet we must go farther than this rulers, chiefs & People must not only be found performing occasional acts of devotion—but all must become habitually Devoted to God! to insure either a lasting peace or prosperity—Excuse me Sir for Observing in this place, nor deem it flatery (for that I hate)—when I say that the Embargo laid in 1808 was under all circumstances, the wisest political measure, that could have been at that time concerted to avert both the wrath of God! and the nations sufferrings—and had our New England Brethren been possessed of even half the religion they profess to How differently might we now be circumstanced—and permit me to add, that the failure of that excellent measure, may in no inconsiderable degree be attributed to your personal destitution of true religion—But this I do not pretend to assert as positively true, not Knowing your heart—But yet I am clear in saying that personal Examples of holiness—are wanting in our Presidents & others and by thier loose conduct in these particulars, the people in the gross become like them—And the Love of money that Bane of human happiness, hath in our peoples hearts Eclipsed the Love of God! especialy amongst the mercantile part of our Citizens—this class in particular appear to have then & do yet count gain for Godliness. Oh Sir I could say many truths upon this subject—but I would rather adhere to my purpose to persuade you to look into these things and unite with me in supplicating a rich throne of grace! and by timely humiliation and spiritually drawing nigh to God! avert his just Judgements, that hang lowering oer our afflicted country—as well as those that may be registered in the records of Heaven against us individually. I will now resume the Narrative, from which I have made so lengthy a digression, and proceed to state, that some short time after I saw you in washington—I revisited Europe, and returned after a prosperous voyage to my native state, soon after the general Embargo was laid; here I had an opportunity of seeing something of the cupidity of Southern merchants, by the persuasive arguments used with me in order that I might violate it for the sake of gain—But I now return God! thanks once more, that a common Sense of Honesty—out weighed with me every other lure. Having some leisure now upon my hands in consequence of the Embargo, and being a lover of pleasure I took an Excursion into this part of the country, here for the first time I saw my present amiable companion, who was a widow, about my own age, possessed of a considerable fortune in her own right, which she generously gave to me not long after our union; this acquisition of wealth, added wings to my pleasure, I lived high, entertained most polite strangers, kept a neat Equipage, introduced weekly routs, card parties &c &c amongst my affluent neighbours & then had much of the company of old Mr P. Tabb of Gloucester—whom I mention because I believe he is personally Known to you, and also because he is a rich old devotee to the pleasures of Sense—But whom I as highly respect for many valuable traits in his character, as I can respect a worldly minded man—In short Sir I gratified every wish of my heart; and had no thought of the nature of true religion, altho from custom, I sometimes went to church, here too often to see & be seen, Sometimes tho seldom to the Baptist and methodist meetings—these I visited to my shame I now speak it, more to cavil at thier doctrines or thro’ any aparent Blunder of thier preachers, find some excuse to my conscience for my own prodigality, I had almost said profligateness. my wife having belonged to the methodist church during her first husbands life, But for non attendance after marying me, her name had been dropp’d—amidst all our gaiety would often hint to me her wish to attend thier meetings—But Sir such was my aversion to what these people termed vital religion—that I would sooner order the carriage and go a trip of 20 miles off to her Brothers, than go but three to the meeting house. As it would be tedious perhaps to relate more of my Experience at this time—suffice it to say, that it pleased Almighty God! in corroboration of his Blessed Gospel to make use of the weak things of this world to confound the mighty. 1 Cor: 1 ch—for I was a mighty opposer of divine truth in my own Eyes—but he in mercy made use of a weak unlettered woman in the Neighbourhood, of the methodist society whilst setting at my own table and I trying to deride her religion & shake her faith, to open my spiritual Eyes, which had been by me hitherto closed, voluntarily against the truths of the Gospel—But now for the first time in my life I was taught to feel & perceive, that God! was a Spirit!!! and must be worshipped in spirit and in truth—I was Sir like one awaking out of a deep sleep and began now to feel somewhat like Belshazzer—when he saw the hand, writing upon the wall—I felt in an instant that I was an accountable being, a probationer here & that I should soon have to leave this present scene, and be Judged in Righteousness for all my mispent life—from these first convictions, which were but light in comparison of what I afterwards underwent: I resolved to attend the methodist meetings—having no faith in the Church ministers—and at every meeting, I was more and more convinced I had lived in Sin & Error, that I was an alien—far gone from original righteousness—so that I resolved as I would secretly sigh, that I would Amend my life & make it more conformable to the holy Scriptures—and Sir, I vainly thought I had the power as of myself to do so—this mistake ruins many, who thinking virtue to be an inate quality a principle of the Soul, put off thier conversion, on the supposition, that they can become holy and truly religious at any moment—even if it be but a few hours before death! deluded infatuated mortals! you have no strength as of yourselves to renew yourselves unto righteousness hence it was that I found altho I would make firm resolutions against every species of vice I was notwithstanding, as certain to be overtaken, & overthrown by my enemy in almost every instance, especially in those Bosom & besetting sins, that delighted the Soul—my resolutions were as easily Broken as the wyths that bound unshaven Samson—I was frequently told by the preachers, that I must ask the assistance of Gods! grace & favour to help me to believe in the Lord Jesus Christ!! as Gods! son and the only Saviour of the world—that he would enable me to Keep my engagements & virtuous resolutions, for that I had no righteousness belonging to me by nature—neither had any person since Adams apostacy—but that God! would count to any one for righteousness, thier faith in Jesus Christ!! and this great boon is of his free Grace! at length after I had attended meetings for 5 or 6 months, regularly, and become sensible that I had no power over Sin, but that it Tyranized over me—and kept me in Bondage, so that I could say with a Poet—

“Here I repent and sin again—now I revive and now am slain!
 Slain with the same unhappy dart: Which Oh too [often] wounds my heart.” 


 I felt Sir I expect similar pangs to those described so well by Horace in these lines—“my reason this, my passion that persuades, I see the right and I approve it too; Condemn the wrong; and yet the wrong pursue.” or to come yet nigher, I felt like the convicted man discribed in the 7th Ch: of St Pauls epistle to the Romans—“for the good that I would, I do not—But the evil which I would not that I do.” and when like him in writhing agony of soul I exclaimed Oh wretched man that I am who shall deliver me from this Body of Death? (my sins) I found the same deliverer which he describes, even Jesus Christ!! I felt and witnessed all that Cowper so elegantly pourtrays under the allegory of a wounded deer—“I was a stricken Deer, that left the herd, (of worldlings) long since: with many an arrow deep infix’t my panting side was charged, when I withdrew to seek a tranquil death in distant shades; there I was found by one who had himself been hurt by the (Jewish) archers; In his side he bore, and in his hands and feet the cruel scars, with gentle force soliciting the Darts, he drew them forth & healed & bade me live.—in like manner my gracious Lord! deliverd me & will do all who sincerely call upon him—He Broke the power of cancell’d sin, and fully set my spirit free; his blood can make the foulest clean; His blood availed for me—” for on the last Sabbath of the year 1811 he converted my soul in publick worship, soon after having recd the sacrament—Oh Sir I felt that thro deep contrition I passed spiritually from Death unto Life—I felt regenerated & Born again of Gods! Holy Spirit!!! adopted as an hier of Heavenly Joys, this faith in Jesus Christ!! and for his merit only—and this adoption I feel Sir, is conditional, that it ultimately depends on myself in a great measure—for to obtain this inheritance I must live a new life of holiness and persevere untill Death shall close the present scene, then shall Our happy Souls rest for a Season in the Paradise of God! untill the great day of Judgement when Our Bodies shall arise from the dust in a new order of Being—be united to the soul & both be happy or miserable for ever—yes Sir it is indeed true, that after a painful gloom of sorrow & remorse for a mispent life, when I humbled myself in the dust as it were before the Lord! & besought his pardon, for the Lord Jesus’!! sake, my almighty Father changed his countenance towards me, (if I may so express myself) and liberty like Day Broke into my soul! This liberty thro mercy I have continued to enjoy with encreasing rapture unto this present moment; for which believe me my dear Sir I feel as if I could never sufficiently praise my God[!] Not long after my conversion, I was siezed with violent & sudden illness, something of the nature as the Physician said, of that malady that terminated the useful life of the great Washington—myself and all around thou[ght] that I must die, for respiration was very difficult, owing to the extreme inflamation of the throat, in that moment I felt all the consolations of faith, that flow from the promises of the Gospel of Christ!! It was [then] that every doubt of my acceptance vanished & I felt my witness Brightened—I saw by faith the Lord Jesus[!] who had apparently Just been crucified for me, (with all others) he was Just arisen from the Dead & his precious Blood that seemed trickling from his pierced side, by a supernatural Divine power, was imparted & besprinkled my immortal Soul, to its entire cleansing! and I have never doubted of his sufferings—Death, resurrection and Ascension to Glory! from that hour to this; and humbly pray that you might obtain a like satisfaction. During my convalescence from this painful attack, I was truly astonished, to find an entire new thought spring up within me, that seemed to urge me to employ those hours that I was compelled to pass witho[ut] doors to the praise and Glory! of that Great God! & Saviour!! who had done so much for me—by writing a history of my Experience, in corroboration of Gospel promises, and throwing it into the form of a Sermon, adapted to the pulpit—I hesitated for some time, not thinking it possible for me to execute anything of this kind, that could either redound to the Glory of God! or the good of mankind; and I knew so little of the scriptures, that I even could not conjecture where to find a text; But after some agitation of mind & my unwillingness to do what I then & now concieve to have been the dictates of Gods! holy spirit!!! this invisible monitor, which seemed to be directing all my thoughts, (for I know not what else to ascribe it to) led me to the 5th ch: & [2. ver.] of the Gospel according to St matthew—and from this text, It is wonderful even now to me, with what facility I wrote of 23 or 4 pages of such sized letter paper as this, without having to stop for consideration, for tis true [that] I lost many strong and beautiful Ideas, thro’ inability to pen them down so fast as they flowed—But I [must] acknowledge that this Sermon, if it deserve such a title, could not be compared with any advantage to the productions of Learned men, nor does it exhibit, the instructive model of Grecian Logick or Rhetorick being much after the manner of this letter, written without any preconcieved plan of arranging its [matter] but is simply the ebulitions of the Soul! Kept by divine power—within the precincts of Gospel truth: And it is worthy of remark, that notwithstanding the freedom of thought—the rapid succession of Ideas whilst writing—I had no sooner finished, than uncommon Barreness took place—in so much that I scarcely seemed to feel possessed of common understanding: And I verily thought, however novel the Situation or sublime the Theme, it appeared to me that I had in this discourse express’d the substance of everything I Knew upon religious Subjects & that it would be impossible for me to write another, no matter what was the text [without?] Borrowing expressions already used in this—But Sir, guess my surprize when two days afterwards, I was [thrown] into the same Kind of agitation as at first, and urged to write again, but was more embarrassed to find a text on which I could Expatiate, than at first if it be possible—But as I had heard the preachers of the Gospel quote [the] writings of St John, saying we should try the diff: spirits that assail us to discriminate between the Good & Evil[!] I determined in my mind, if this strange propensity for Sermonizing was of God! this should be the Criterion—to wit If I could write as lengthy a discourse as the former, upon any text in the whole volume of scripture, without borrowing from The first and this done without study or delay in writing—I would conclude it was the spirit!!! of God! teaching me to do this thing which I conjectured might, in the appointment of his wisdom, benefit Some one when I should be no more seen on Earth! not thinking they were ever to see the light in my life time, altho the phraseology indicated my delivering them in person. I was led to the 20 ver: of Same chap: for a text or Basis—from this I wrote full as much as from the former, with equal ease, more perspicuity, and arrangement of matter & without borrowing a Single Expression, that I can recollect! hence I concluded it was the will of God! that I should write, but for what particular purpose I had no clear Idea unless it might be what I have before hinted: In about ten days after I wrote five, and by this time had so far recovered my health as to attend to my secular bussiness, which at this time was multifarious—But I felt an astonishing desire to Bring all my bussiness to a close, that is to be circumscribed within certain limits—my feelings I expect were like those persons, whom I have often heard of as men of extensive bussiness, when of a sudden, they feel a presentiment of Death! Here it may be proper to relate, that after weighing the matter well and upon mature deliberation, having read the Gospel of Christ!! previously—I cast in my lot with those too generally dispised worshippers called methodists. Believing, in my Judgement then & now that thier Doctrine & discipline is nearest to the primitive Apostolic church of Christ!! and thinking this Junction would be promotive of my present & future welfare, by conducing to the establishment of my faith in the religion of the Gospel! in as much as the Society of pious people must unquestionably be an Auxiliary to the exercises of faith: I could say a great deal upon the advantage of christian fellowship—But feel that I must now forbear, and merely observe that I have not as yet discovered as too many suggested—that it has led to the least degree of bigotry—for I find within me Universal philanthopy exists in its fullest sense—I love the whole of mankind & whilst I pity and love the sinner, do hate & loath his sins; I feel drawn out in a particular manner toward the truly religious of every county. or sect. that embrace the Gospel of Christ!! I pity the ignorant who Knows it not—but am firmly persuaded it will be made Known in a very few years to every nation on Earth! antecedent to the ushering in of the Glorious Millenium so beautifully described by the Prophet Isaiah 11 & 12th Chap:—This Idea of the universal spread of the Gospel and its happy effects upon the Human Race, I think Sir your good Sense and candour must allow, is strongly indicated in the recent rise, and astonishingly rapid growth & progress of the Bible Societies—which I believe never existed untill within about 10 or 11 years ago, a Bible Society was first Organized in England & has since been patronized by most of the European nations, and seems to be particularly nourished & fostered by England and these United States—Indeed I am informed that Bibles are already, or are about to be sent to the Isles of the Ocean, and also to the vast hordes of native tribes that roam up and down this great continent of America. So that divine light & truth will ere long I humbly hope, Oer spread the Earth, to the Glory of God! and the unspeakable felicity of the great human family, uniting all nations in the bonds of Love & golden zone of coalescing charities Thus establishing the Object, that Christianity was intended to produce! For “Christianity, (says a chaste writer) bears all the marks of a divine original—It came down from Heaven and its gracious purpose is to carry us up thither—It was foretold by prophecies which grew clearer and Brighter as they approached the period of thier accomplishment—It was confirmed by miracles! which continued till the religion they illustrate was established. It was ratified by the Blood of its Author. Its doctrines are pure, sublime, consistent. Its precepts Just and holy. Its worship spiritual. Its service reasonable and rendered practicable, by the offers of divine aid to human weakness. It is sanctioned by the promise of Eternal happiness to the faithful, and the threat of Everlasting misery to the disobedient. It had no collusion with power, for power sought to crush it. It could not be in any league with the world, for it set out by declaring itself the Enemy of the world. It reprobates the maxims of the world, shews the vanity of its glories—the Danger of its riches—the Emptiness of its fading pleasures.” In less than four months after I experienced a change of heart; I felt it my duty to preach what I had written, together with the whole Gospel of Christ!! and altho I then felt and yet feel poorly qualified for so arduous an undertaking—yet after much agitation, embarrassment, and long hesitation, I ventured to hold forth in publick—for I could not rest day or night untill I consented to have an appointment made—and when I did take up this heavy Cross, it was with much weakness and trembling—and rest assured Sir, it was a severe trial to my weak faith! especially if you consider that many of my first Auditors, were my old companions at cards, wine, & conviviality—and appeared to have met in consequence of the novelty, and to ridicule what I might say; esteeming me now no better than a deluded fanatick; a mere maniac, because I had abandoned their sinful society—the allurements of Sense, and the farther prodigality of that precious time only lent to prepare me for Eternity! and because I had now told them of my rational determination to try & save my own Soul and as many as would listen to truth!—I have continued to preach in my Local sphere & God! has Owned and Blessed my labours, in town & Country! and I fervently hope it may ever be a cheif delight of my Soul, to Labour in the Lords Vineyard, and that I may be the humble & happy instrument in his hands of turning many of the children of disobedience to the wisdom of the Just: and lead my hearers of every rank from the power of Sin & satan unto God!— As a methodist preacher I now write to you my dear Sir, not so much for the purpose of persuading you to become a member of our church, tho we be methodists, as to intreat your espousal of the christian System of Salvation—and to be so far a methodist as to be methodical in religious worship—in Devotion, & every Known duty whether it relates to the life that now is—or that which is soon to come—for without method none will be saved under our dispensation. My prayer to God! now is that you may be disposed, by his grace to seek untill you shall find Christ Jesus!! by faith revealed in you the hope of Glory! ere you go hence and be no more seen on Earth! for the place that Knows you now will Soon Know you no more for Ever! and do my friend and illustrious fellow-citizen, timely consider, even now lay it close to your heart, that God! hath commanded all men every where to repent, because he hath appointed a day in which he will Judge this world in Righteousness, by that man—(God-man) whom he hath ordained—Jesus Christ!! wherof he hath given an assurance to all men in that he hath raised him up from the dead!—I would here by the help of your immagination, draw aside the curtain of time, and for a few moments, unfold Eternity to you. Behold now, coming forth from the Dark chambers of Death—to Judgement (& this administered by Jesus Christ!!) Such Characters as Voltair, D’Alembert, Didoret, Zwack, Nigge, Nicholai, Condorcet &c &c what a horrid figure will these illuminati cut, in the presence of Christ!! Thier Eternal Judge—what wil[l] all thier learning or Philosophy avail them—Say, will it not rather aggravate thier Guilt! that God! should have so enlightened thier minds & that they in return, like the fabled adder, endeavour to turn and sting him—for it is said in Scripture, “in as much as you have done it unto one of the least of these little ones, you have done it unto me” saith the Lord!! I presume there can be no doubt in the Breast of any candid man, but the writings of these & many other such characters have poisoned the minds & proved fatally ruinous to many, for whom Christ!! died—It is clear they were not supporters of the Christian Religion—but its enemies—there is no neuter ground in religion, as it is written “he that is not for me is against me—and whosoever does not gather with me Scattereth abroad”! Does this quotation not rub you pretty close Sir—? I hope it does not! But I would ask you to consider, that the End of all things is at hand, henc[e] the necessity that we should be sober & watch unto prayer—for what will it profit a man, again I ask, if he should gain all the world and should loose his own Soul?? I would make anot[her] appeal to your candour, and ask If the precepts of the Gospel of Christ!! does not demand the attention of every upright man or those who desire to be so—If the Gospel has not a direct tendency to promote virtu[e] & destroy vice? and if as Neckar Justly Observes, it is not more consistent with reason and huma[nity]—rather to prevent crimes if possible, than to be compelled to punish them?—upon the score of [d]uty then as a good Citizen, I may expect you Sir, to lend your influence, which must be very [c]onsiderable for many reasons—especially on account of your Services—your high attainments & ven[e]rable age! Oh let me solicit you once more, as you value happiness—Give Christianity your firm support & do not rest merely here, and be satisfied with bare historic faith! or what is called head religion! never rest untill you feel it in the heart! influencing all Your words and actions & regulating the thoughts of your heart! for it is written, “not every one that saith Lord! Lord! shall enter into the Kingdom of Heaven, but he that doeth the will of my father: which is in Heaven!”—I would more over observe, that the religion of Jesus!! is most mercifully adapted to us fallen creatures—so much so that the most simple and illiterate, with the Learned and great, may participate in all its Blessings, without distinction—all that choose may understand and embrace it to thier eternal salvation—“For what says the Righteousness of faith? It speaketh on this wise; say not in thier heart, who shall ascend up into Heaven? that is to bring Christ!! down from above: Or who shall descend into the deep? that is to bring up Christ!! again from the dead! But wh[at] saith it? The word is nigh thee O man, even In thy mouth and in thy heart; [that is?] the word of faith which we preach: That if thou shalt confess with thy mouth the Lord Je[sus] and Shalt believe in thine heart, that God! hath raised him from the Dead! thou shalt be Saved. For with the heart, man believeth unto righteousness, and with the mouth confession is made unto Salvation.” Rom: 10 Ch. So that God! has left all men where ever this Gospel is or has been preached, without excuse. But I am truly Sorry to find in the course of my short Experience So many and they too of enlightened minds, that know nothing of Experimental religion, nothing of that genuine faith that sweetly works by love and purifies the heart and life! Many are seemingly contented with a mere assenting to the Scriptures—or embracing a few Orthodox opinions whilst thier lives are squandered away in vanity—dissipation or folly! Such people remind me of children, that are satisfied with shadows only—and are as well contented with thier toy Guns, or the stick hobby’s as if they were realities. But I hasten to conclude by observing that I have heard that you were or had been reading with deep attention the prophecy of Isaiah! if this is true deem me not impertinent for applying the Question of Philip the Evangelist to the Ethiopian Eunuch on a similar occasion and Say! “understandest thou what thou readest therein”?—should you condescend to reply to this letter, it would get to hand by directing to me at mathews Ct House. In the mean time I shall continue to offer up my prayers to God! thro Jesus Christ!! for your peace, prosperity and Eternal happiness, and if I should never see you in this world I hope to meet you in a much better—in the Kingdom of Everlasting Glory to dwell for ever more. As I am but a poor Scribe once more I ask you to excuse all defects, and Believe me to be with every Sentiment of Esteem and Respect Dear Sir
Your friend and Servant in the Gospel!
Miles King


Thomas Jefferson to Miles King, 26 September 1814

To Miles King

Monticello Sep. 26. 14

Sir

I duly recieved your letter of Aug. 20. and I thank you for it, because I believe it was written with kind intentions, and a personal concern for my future happiness. whether the particular revelation which you suppose to have been made to yourself were real or imaginary, your reason alone is the competent judge. for, dispute as long as we will on religious tenets, our reason at last must ultimately decide, as it is the only oracle which god has given us to determine between what really comes from him, & the phantasms of a disordered or deluded imagination. when he means to make a personal revelation he carries conviction of it’s authenticity to the reason he has bestowed as the umpire of truth. you believe you have been favored with such a special communication. your reason, not mine, is to judge of this: and if it shall be his pleasure to favor me with a like admonition, I shall obey it with the same fidelity with which I would obey his known will in all cases. hitherto I have been under the guidance of that portion of reason which he has thought proper to deal out to me. I have followed it faithfully in all important cases, to such a degree at least as leaves me without uneasiness; and if on minor occasions I have erred from it’s dictates, I have trust in him who made us what we are, and knows it was not his plan to make us always unerring. he has formed us moral agents, not that, in the perfection of his state, he can feel pain or pleasure from any thing we may do: he is far above our power: but that we may promote the happiness of those with whom he has placed us in society, by acting honestly towards all, benevolently to those who fall within our way, respecting sacredly their rights bodily and mental, and cherishing especially their freedom of conscience, as we value our own. I must ever believe that religion substantially good which produces an honest life, and we have been authorised by one, whom you and I equally respect, to judge of the tree by it’s fruit. our particular principles of religion are a subject of accountability to our god alone. I enquire after no man’s, and trouble none with mine: nor is it given to us in this life to know whether your’s or mine, our friend’s or our foe’s are exactly the right. nay, we have heard it said that there is not a quaker or a baptist, a presbyterian or an episcopalian, a catholic or a protestant in heaven: that, on entering that gate, we leave those badges of schism behind, and find ourselves united in those principles only in which god has united us all. let us not be uneasy then about the different roads we may pursue, as believing them the shortest, to that our last abode: but, following the guidance of a good conscience, let us be happy in the hope that, by these different paths, we shall all meet in the end. and that you and I may there meet and embrace is my earnest prayer: and with this assurance I salute you with brotherly esteem and respect.

Th: Jefferson


06 June 2019

Is Moderation Dead?

“I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue!”   Sen. Barry Goldwater.

Senator Goldwater, the Republican presidential nominee in 1964, believed that.  This was a part of the attitude that led to the greatest blowout ever in a Presidential election - For President Johnson. 

55 years later, if you don’t believe in extremism, don’t bother running for office. 

Last weekend, Presidential hopeful Sen. Elizabeth Warren spoke to the California Democratic Convention.  She might not agree with Sen. Goldwater’s politics, but she agrees with his no-nonsense-full-speed-ahead approach:

“Some say if we all just calm down, the Republicans will come to their senses. . . . But our country is in a crisis. The time for small ideas is over.”

Most of the people running for President - including President Trump - agree.  Any candidate - heck, anyONE - who advocates any moderate position must be a RINO (Republican in Name Only), a DINO (Democrat etc.), and/or a dumbass.

Bipartisanship is suffering.  Great, according to Goldwater, Warren, and a host of others.  Sen. Warren is correct: Republicans will not “come to their senses” according to Democratic standards any more than Democrats will “come to their senses” according to Republican standards.

I always hesitate to divide people according to beliefs, particularly in a simple manner.  (OK - That’s a lie.  Any ink-stained wretch worthy of the name creates false divisions.)  

So my division is:

20% of voters are rock-solid conservatives.  (By the way, I flipped a coin to see who I picked on first.  The conservatives “won.”)  They think that President Trump can do no wrong.  They think that Secretary Clinton (and other Democrats) are evil and can do no right.  They believe that the 20% rock-solid liberals are traitors and that the 20% sort-of-liberals are Fifth Columnists for liberalism. 

20% of voters are sort-of-conservative (aka RINO’s.)  They believe largely in President Trump (etc.) regret it a bit, and think that Secretary Clinton is largely wrong. 

20% of voters are rock-solid liberals.  They think that Secretary Clinton (etc.) can do no wrong.  They think that President Trump is evil and can do no right.  They believe that the 20% rock-solid conservatives are traitors and that the 20% sort-of-conservatives are Fifth Columnists for conservatism. 

20% are sort-of-liberals (aka DINO’s).  They believe largely in Secretary Clinton (etc.), regret it a bit, and think that President Trump (etc.) is largely wrong.

Oh, and the rock-solid conservatives AND the rock-solid liberals both think that they have far more than 20% and that 60% of Americans will vote for their party.  The only difference is that liberals think that President Trump stole the election and conservatives think that Secretary Clinton nearly stole the election. 

OK, we have 20% left.  Who are they?  We don’t see these folks.  They don’t go on TV, because they are DULL.  They are moderates.  They are the “silent citizens.”  (Not a “silent majority,” that passed with Vice-president Agnew.)

But the middle 20% are who the parties fight over.

The parties (1) mobilize their base to turn out an vote.  What counts in an election is a vote.  Voters cannot weight their votes, as in vote more heavily for a candidate they REALLY believe in as opposed to someone they are reluctant about. 

Parties (2) (slowly) expand their base by persuasion and inclusion of people who didn’t vote before.  

They also (3) try to exclude the other party’s voters. 

This is basic.    Both sides do it.  They always have.  In the past couple of decades, the Republicans have been better at exclusion.  That’s what requiring ID’s at the polls, counting non-citizen residents, and part of purging the voter roles was all about.  Democrats have tried to keep up with purging, and seem to be catching up with other schemes to deny the Republican vote.  They do have a long way to go.

To win, a party has to get 10% of the middle 20%, plus one vote. (That’s not EXACTLY true - A winner has won the electoral college five times without a majority of the popular vote: John Quincy Adams in 1824 as a Democratic-Republican, predecessor of the Democratic party, but so old that it defies comparison; Rutherford Hayes in 1876 and Benjamin Harrison in 1888, both Republicans in a party so old that it defies comparison; and modern Republicans George Bush in 2000 and Donald Trump in 2016.)

Our political system is now set to oscillate, based on negative feedback.  Get the 20% mad at the current party in power and they put a different gang in power.  The farther the parties are in different beliefs, the more politics tends to oscillate out of control.

There has long be oscillation in politics.  In the 20th and 21st centuries, that has happened in 1912, 1920, 1932, 1952, 1960, 1968, 1976, 1980, 1992, 2000 and 2008.  But the parties have never been this far apart. 

Is moderation dead?

Climate change is the latest victim of the death of moderation.  There are climate-change-deniers.  (I think they are wrong.)  There are ban-all-fossil-fuels people, and they are unrealistic.  But when people talk about any moderate position, they automatically pooh-pooh it.

Moderation has worked.  People may not like it, but the fact is, moderate positions have worked.  Sometimes, the trend has been that the extreme position was ill-considered, and the moderate position has been abandoned.  Sometimes, the moderate position has worked so well that a more drastic position became wise.  

What’s wrong with moderation on the climate change?  It will work; or it won’t.  We’ll have to see.  It beats taking your ball and going home.

Any number of things are amenable to moderation.  It has WORKED in the past. 


In Eisenhower’s administration, Democrats controlled both houses of Congrees for 6 our of the 8 years of his administration.  Progress was made.  This was partly because of the moderating influence of House Speaker Sam Rayburn and Senate Majority Leader Lyndon Johnson.  They wanted to move the country forward - if not on their precise terms, on any terms which - in their judgment - progressed the nation. 

Democrats continued to control the Congress through the presidencies of Kennedy, Johnson, Nixon, Ford and Carter.   Things were done.  The Democrats were split between the South and the North.  But things got done.  In the Reagan administration, Democrats controled both houses for two year.  Bush 41 - All 4 years.  Things were done.  With Clinton, the Republicans controlled both houses for 6 years.  There was peace in the world, welfare was reformed and the Administration and Congress - though they didn’t like each other - found grounds for compromise.  In Bush 43, the Senate was in Democratic control for 2 years. Things got done.    Even with Obama, the House was split.  Things were done, but the seeds were planted for a slow-down.

Let me harken back to the split between the North and South Democrats.  When Kennedy was assassinated, his Civil Rights bill was stuck and going nowhere.  Johnson swore to get it passed, and he expended his “political capital” to do so.  His phone conversations were recorded, unbeknowst to anyone who spoke with President Johnson.  In talking to Senator Russell and other Southern Democrats, he referred to the Civil Rights Bill as “that [n-word] bill.”  And he got it passed.  It was impolitic polically to refer to it that way, but that started Congressional recognition of civil rights.  President Johnson did what it took to get the job done.

So Congress is stalled now on immigration, tariffs, the Middle East, Europe, China, the climate, taxes - and much else. 

Might there be a moderate response to get America moving - and not hating - again? 

Mizpah!

02 June 2019

A train wreck, the idiocy of a rush to judgment, and our general foolishness

Four years ago, I did a rant (no, a perfectly reasonable, persuasive and refreshing blog post - that’s my story and I’m sticking to it) with the observation that the then-Mayor of Philadephia was an idiot.  A commuter train had taken a turn too fast, derailed, and several people were killed and injured.


The then-Mayor - who knew zip about how trains wreck - made statements which laid the blame squarely upon the engineer.  

Now, it was readily apparent that that the train went too fast for the curve, but at that point, nobody - not the Mayor, not the Fire Department, not EMS, not the NTSB, NOBODY - knew why the train was going too fast. 

It’s not unusual for public officials to talk about something s/he knows nothing about.  Hell, it’s inevitable.  Don’t we expect public officials to know all and see all?  When a public official says, “Beats me,” they disappoint us.  Even if it truly does beat them. 

When a human does anything, the intent counts roughly as much as the effect - maybe more.  Let’s take homicide.  At the end, you have a dead person every time.  (“Hom,” person; “Cide,” kill.)  A homicide may be justifiable, although opinions do differ about what is justifiable - Self-defense; Execution; Abortion.  (Give me a break - I know that lots of people disagree with the last two.  Can we get away from politics for a moment and talk about practical ideas?)

A homicide can be excusable.  Oops, what a huge mistake.  That’s hard to determine.  You do have a dead victim, they should not have died, and people talk about getting justice for the victim, even though no earthly power will get them justice.

A homicide can be criminal.  A one-punch fatal bar fight (I have a case in mine from a few years ago) is criminal.  A homicide “in the heat of passion” earns extra punishment.  A criminal or depraved homicide earns the maximum punishment we are willing to give.  Usually. [Here, I’m thinking of another case where a lawyer found an inherent weakness in the investigation which necessitated a favorable (to the defendant) plea bargain.  Sorry, you’ll find nobody, including me, who will give any details.]

But you have the same dead victim.  Intent counts.  The Mayor had zero idea what the engineer intended.

Four years later, the NTSB has issued a report.  That’s about the standard time for a report to generate.  It takes time to deconstruct and reconstruct an accident.  We want the experts to tell us WHY so we can avoid a repetition.  (Remember the Ford Pinto, the Chevy trucks which caught fire, the Comet aircraft, the 737 Max, and endless other examples?)

The NTSB blamed the engineer.  

Not so fast there - The Mayor was right only by accident.  He still didn’t know what happened.  Even a blind squirrel gets a nut now and then.  (That’s my favorite saying of Bill Clinton.)  (Lighten up - You don’t have to approve of everything someone does to quote them.  I like Bill Clinton.)

And not so fast there - That was only the first conclusion of the NTSB. 

The engineer was set up to fail.  He did not have adequate training.  That’s hard for non-train people to understand.  The train runs on tracks.  All you have to do is work the accelerator and the brake, right?  Put me in a train cabin, and you’ll be safe.  I’ll believe that right up to when the train derails.  I bet 10% of airline passengers think that if the pilots are disabled, they can land the plane.  They will believe that right up until the crash.

Did the corporate culture of the train company doom the passengers?  No, that’s a cop-out.  A corporation has a legal existence.  But a corporation does not know the love of God, cannot hear a baby’s cry, and cannot form a thought.  Only people can.  People formed the intent or the omission to train engineers.  Nobody planned the wreck - But their decisions made it more probable.   (See the next perfectly reasonable, persuasive and refreshing post on politics for more on the intentions of people.)
The responsibility lies with LOTS of people.  It lies with bureaucrats; Congress; and with railroad lobbyists.  They told a convincing story - that they no doubt believed - that the passive equipment which would have slowed the trained absent an input by the engineer was too expensive and wouldn’t be necessary. 
Do you remember the Chrysler Corporation about safety 20 or 30 years ago?  Safety had become cool then.  Big engines and hot cars were in a temporary decline.  But years before, the Chairman of Chrysler visited then-President Nixon complaining about the possibility of requiring airbags in autos. Too costly; they won’t work.  It turned out that they DO work and have saved many lives.  But they were bad for the bottom line.

The news of the NTSB train report was buried.  No media is likely to trumpet these multiple failures.  Everybody has forgotten about the train wreck, except the NTSB and the people who were affected.  That’s understandable - A lot of bad things happen and if you remember bad things from last year, you are unusual.

My message?  Hmmm.  I’ve taken my time about getting to it. 
We make a mistake if we make decisions about what has happened with inadequate information unnecessarily.  If you are presented with something that requires immediate response, you have to do the best you can with the information you have.  That’s not the case with an accident which has already happened.  There is a “rush to judgment” in our American culture.  There is an artificial urgency to find out what happened and affix blame. 

Is the NTSB the final word on the train wreck?  Well, it’s authoritative, but not the sole and only opinion.  The NTSB doesn’t really exist, either.  Only the people there do, and people MAY be wrong.  There might be additional information which clarifies the cause, so we cannot close our minds. 

I too need to remind myself to keep an open mind.  That applies to almost everything we encounter.

Mizpah!

03 April 2019

Death hurts. Period. Executions - Time for the adult underwear.

Once in a while, the same old arguments come up and the same old positions apply.  There’s a story on the news this morning that the Supreme Court of the United States is engaging in cruel and unusual punishment.

Richard Bucklew is on death row in Missouri, having committed crimes for which people sometimes get executed.  He suffers from a rare physical condition which forms blood filled pustules which may burst during the execution and cause great pain.

That’s what his lawyers say.  Understand, I don’t blame them.  Their job is to keep Bucklew alive and if they can think of a valid or even a stupid reason, they MUST present it to a Court. 

The majority of the Supreme Court held that there is no right to die a painless death.

Well – there is no right to die a painless death.  That is a simple fact.   Live with it.  Many people justly fear death,   Some people do realize that it’s a part of life, but fear of the pain of death.

Talk to people who have seen death.  The most pleasant people in life die a most ugly death. 

The story I saw today says that 3% of executions are “ botched,” meaning that the convict suffers for longer than an execution which is NOT botched.  I don’t know any different numbers, so less assume that’s accurate.   Of course, “botched” means different things – Something happens to the body that the body is unaware of (catching on fire in a electric chair may be one of those – But I’ve never been in an electric chair).  Other methods, such as hanging – particularly by one’s own hand - is frequently “botched,” because the person doesn’t use a long enough cord or doesn’t place it correctly to break the neck, and the person very surely will suffer.   A firing squad will even occasionally miss the heart.   That's why an officer is standing by to shoot the convict in the head.

I doubt if many citizens are OK with the death penalty but want it done perfectly ever time.  Generally, you’re either in favor of the death penalty or against it.  If you oppose it, c'mon, the method really doesn’t matter, but you'll use a “bloody shirt” to wave against the death penalty.

Let me be clear:  I am against the death penalty.  This is for a simple reason:  I don’t trust the Courts.  I don’t trust the jury system.  I don’t even trust the Supreme Court.  Hey, they decide the law and  I have to follow the law, but I don’t have to be ecstatic about it.

I can – and have – pictured a “perfect storm” of a really competent prosecutor, an adequate-but-really-inept defender, some gruesome facts, lots of negative publicity to pollute potential jurors, a judge who is keen to pot someone to a death sentence, and appellate courts who vote based on politics rather than humanity.  I don’t think it happens often.  But if you’re the defendant it happens to, you don’t care if you’re the only one.

(Let me also point out version of agreement with Emerson, who said “A Fooling consistency is the hobgoblin of a little mind.”  There are several people who I’ve met over the years that  I would not hesitate to kill and would sleep soundly afterwards.  All people will need to go will be to trust my judgment.  But as your friend, let me tell you that you should never trust my judgment.  So – as your friend – I say there is no thing like a “safe” death sentence.)

If you find death sentences OK – which many do – just devise a certain method that works 99% of the time (there’s no such thing as fool-proof) and get on with it.  You’ll have to deal with a body afterwards, and it may be really messy.  That’s the breaks.  That’s what happens when people die.  You always have to wash out the body bag.  If you personally aren’t willing to get your hands dirty, you not really and truly for the death penalty.

There is a nearly 100% effective execution means.  The Chinese use it all the time (being the real king of the death penalty) but it has a German name:  Genickschuss.

The executioner – yes it’s a single person, none of this spread-the-blame crap – puts a pistol to the base of the convicts neck, points in an upward trajectory and shoots.  The round may or may not exit the skull – it depends on the load, the type of bullet, the caliber, and the convict’s skull – so prepare to be messy.  But it works.
All I’m suggesting that we as a nation quit with the red herrings.  If you favor it, support it.   If not, Don’t support it.  I’ll always oppose it, but I’ll be damned if I wave the bloody shirt.


Incidentally, I’ve heard about unqualified lawyers trying to get qualified in the public’s mind by being admitted to the Supreme Court.  That is stupid and an embarrassment to the Bar.  I didn’t get added to Supreme Court Bar until I had to file a petition here and thus, I HAD to apply.  I’ve never appeared in the Courtroom and never expect to.  But it’s the easiest bar in the United States.  You have to send them a $200 check and have SOMEBODY who is a Bar member sign your petition.   Then, they mail you a certificate and you can advertise yourself as part of the Supreme Court Bar.   You can never had appeared in any Court as a lawyer, never talked  to a jury, never negotiated a case, and never have practiced law .  It’s like claiming you’re a Native American based on less than 1% DNA. 

PS - A family tradition says that there is Native American blood in the family.  I had a DNA test.  Nope.  Not a drop.

Mizpah.