Thursday, December 31, 2009

"Hey Man! This is Our Turf...It's Rumble Time in East Harlem 30's-60's

By Miriam Medina (excerpts from my Essay "The Ebb and Flow of East Harlem's Ethnic Changes"

The 30s, through the 60s was an age of teen-age rebellion, drugs and alcohol and outright disrespect for parental and school authority. When the Puerto Rican population began saturating the East Harlem area during the 1930s through the fifties, many Italians continued to remain in the neighborhood. With the increase in population of this new ethnic group's arrival , both Italians and Puerto Ricans found themselves in constant conflict competing for housing, educational and employment resources.

The atmosphere became explosive, with rumbles between the black Dragons, Italian Dukes, Puerto Rican Viceroys and the Italian Redwings. Puerto Ricans and the Italian teen-agers clashed with one another to establish and maintain their turf and honor. These rumbles were easily set off by the side that was looking for a fight, whether it was over the boundaries of their turf, establishing claims over streets and parks, testing their machismo and as usual petty things over their ladies. The girls had the protection of the gang and if any of them would be insulted, which in many cases were fabricated stories just to provoke a war, they would defend her honor, even if they all knew she was a whore. The gang members, anywhere from fourteen to nineteen years old would strut with their chest pushed out, carrying with them zip guns ready to fire just in case, baseball bats and switchblades which were common weapons back then. Yeah man, it made them feel real macho, cool and tough, they were prepared, anytime, for a good rumble, knowing that no matter how afraid they were, they would not admit it. Racial slurs tossed back and forth provoked frequent confrontations which would many times result in death or being hospitalized with crushed heads and serious crippling injuries from switchblade knifings, beaten by tire chains or shot by bullets. Some members of the gang in preparation for a rumble would store on the roof tops piles of gravel-filled milk bottles, bricks, iron scrap and whatever else they could find to use as ammunition. I remember seeing this when we used to go up to the roof to get sun in the summer.

"In East Harlem the dark-skinned Puerto Ricans organized a gang called "the Viceroys," while the light-skinned rivals formed the "Dragons." These gangs would fight among themselves as well as with the Italian gangs to the east of which one of them was called "The Red Wings." They even fought against the African-American gangs to the west. " (5)

The block I lived on was called "The Red Wing." The Italian Red Wings, who were East Harlem's largest and most powerful Italian street gang, defended Thomas Jefferson Park which was located between First Avenue and the east river, from 111th to 114th Street.

This is an excerpt from stonegreasers.com which will give you an insight into the gangs of that time from my old neighborhood. "Italian Harlem consisted of Italians mostly of the poorer southern provinces of Calabria and Sicily, who settled in the area east of 3rd Avenue, between 110th-125th Streets, known as "Dago Harlem." During the 40s, 50s and early 60s, a street gang known as the Harlem Redwings controlled this turf. Their main rivals in East Harlem were the black Dragons and the Enchanters, a few Irish gangs from Irish Harlem, along with the Puerto Rican Viceroys - who controlled 86th Street.” “The RED WINGS and the DARLING DEBS were known to hang around 120th and Pleasant Avenue in the area of the Wagner Projects. Red Wing hangouts included: Shep's Candy Store on the corner of 115th and Pleasant Ave. right across the street from Franklin, Artistries on 118th St. and Pleasant Ave, the Night Hawks on 119th St and Pleasant Ave and Osies Candy Store on 116th St. between 1st and Pleasant Ave. "

Source: (5)Vampires, Dragons, and Egyptian Kings: Youth Gangs in Postwar New York By Eric C. Schneider; Princeton University Press, 1999.

To read the complete 5 page essay " The Ebb and Flow of East Harlem's Ethnic Changes."

To Contact: miriammedina@earthlink.net
.

Saturday, December 19, 2009

Monday, December 7, 2009

In Law: pleading (6)

In early times other pleadings might follow the answer as at common law, but ultimately the answer came to be the last substantial pleading, and was followed only by a formal plea always of the same tenor and used only to indicate that the parties were at issue.

In case it became necessary for the plaintiff to meet any of the allegations in the answer, this was accomplished by amendment. Upon the testimony taken before a master in chancery, and upon the answer, which was deemed to be not only a pleading, but in effect evidence introduced by the plaintiff, the decision and final decree of the Court of Chancery were based.

Equity pleading borrowed from the common law the use of the demurrer and the plea, with practically the same effect.

In the courts of equity of the United States, which, in accordance with the Constitution and statutes of the United States, are distinct from the courts of common law, the same system of pleading is used as in the English Court of Chancery as it has here been outlined. The pleading in the United States courts is, however, subject to modification by rules of court. The same system of equity pleading also obtains in those States in which the distinction between courts of equity and of law has been maintained, notably New Jersey.

Code Pleading

The supposed difficulty in satisfactorily modifying or reforming the common-law system by mere statutory revision or amendment led in many of the United States to legislation abolishing the common-law system of pleading and creating or attempting to create a purely statutory form of pleading to be used in both law and equity actions. This step was first taken by the Legislature of New York, which adopted in 1848 the New York Code of Civil Procedure, which as served as a model for similar legislation in most of the other States adopting code procedure. A substantially statutory form of pleading and practice was also adopted in England by the Judicature Acts of 1873 and 1875. Under the codes discovery in equity actions is abolished. The pleader is allowed to plead the facts upon which he relies without formality. The pleadings are limited to two unless the defendant pleads a counter-claim, i.e. an independent action against the plaintiff, in which case the plaintiff may reply to it. The plaintiff's pleading is called a complaint, or in some States a petition, and in England a statement of claim. The defendant's pleading is called an answer or in England a statement of defense. The defendant may demur to the plaintiff's complaint or to his reply to defendant's counterclaim, and the plaintiff may demur to defendant's answer or counterclaim, and if the demurrer is overruled, the litigant is generally allowed to plead to the merits. Formal defects can only be taken advantage of by motion before trial, and great freedom of amendment is allowed. Despite its apparent simplicity, the code system has given rise to many difficulties not unlike those existing under the common-law system, and the question of further reform is still being agitated.

Consult: Gould, Treatise on the Principles of Pleading in Civil Actions (6th ed; Albany, 1898); Perry, Common Law Pleading, Its History and Principles (Boston, 1897); Story, Commentaries on Equity Pleadings (10th ed., Boston, 1892); Phillips, Principles of Pleadings in Action under the Codes of Civil Procedure (1897) Beale, The Law of Criminal Pleading (Boston, 1899).

Source of Information: thehistorybox.com
To contact: miriam@thehistorybox.com

In Law: pleading (5)

The system of pleading adopted in equity by the English Court of Chancery was derived partly from the common-law system and partly from the civil-law system as administered by the English ecclesiastical courts.

The important features of the civil-law system which characterize equity pleading were: (a) the absence of the denial or traverse, the rule being that all the allegations in a pleading were deemed to be denied unless expressly admitted by a subsequent pleading, which was exactly the converse of the common-law rule by which all the allegations in a pleading were deemed to be admitted unless expressly denied; and (b) the practice by which a party to the litigation could compel his opponent to testify, or give discovery, as it was called, in advance of argument or trial as to the matters alleged in the first party's pleading.

The plaintiff's pleading in an equity action is called the bill. In effect it is a petition addressed to the court asking that subpoena issue compelling the defendant to answer the bill. Formerly bills in equity were prepared with great formality and were usually composed of nine distinct parts. Of these, however, only four are important in modern practice, and two of these may be dispensed with. The essential parts are the statement of facts and the prayer for relief.

For the purpose of obtaining discovery the plaintiff might state in his bill at great length the evidence upon which he relied in support of his claim. This was known as the charging part of the bill. He might also ask specific questions founded upon the stating and charging parts of the bill, which he required the defendant to answer. This was known as the interrogatory part of the bill. After the appearance of the defendant, failing which a decree would be taken against him by default, he was required to answer the bill. The answer, which was required to be under oath, might set out at length any matters of defense, however numerous, relied upon by the defendant, but he was required to make discovery or give testimony by answering fully and specifically the charging and interrogatory parts of the bill.

To be continued: In Law: Pleading (6)

Source of Information: thehistorybox.com
To contact: miriam@thehistorybox.com

In Law: Pleading (4)

Following are the more essential changes:

Matters of form are required to be taken advantage of by motion before trial, otherwise they are deemed to have been waived. Singleness of issue is not required, the defendant being allowed to use the general denial and to plead several matters by way of confession and avoidance. In many jurisdictions the number of successive pleadings is limited. Decisions upon demurrers are not necessarily final, the defendant being usually allowed to plead to the merits in case his demurrer is over-ruled.

Great freedom of amendment is allowed, a party being allowed to correct a defective pleading by amendment on application to the court, even at the trial of the action, if the rights of his opponent will not be prejudiced by the amendment. There are also many minor changes, the general object being to make the system more simple and just in its application, and to avoid the determination of rights upon purely formal grounds.

Pleading at Criminal Law

At common law pleading in criminal actions was in its essentials substantially like pleading in civil actions, although much less elaborate.

The first pleading was called the indictment. To this the accused might interpose a demurrer, as in civil actions, and with like effect, except that if the demurrer were over-ruled he was allowed to plead to the indictment. All matters tending to show that the accused was not guilty of the offense charged might be shown under the oral plea not guilty or the plea nolo contendere, which was equivalent to guilty, except that it was not an admission by the defendant which could be used against him in evidence in a civil suit for the same act. After the plea no further pleading was necessary. The Plea of abatement or previous conviction or acquittal of the same offense were required to be specifically pleaded as a plea by way of confession and avoidance; and to these the prosecution might demur with the same effect as a demurrer to a plea in abatement in a civil action.

Pleading at criminal law has been subjected to fewer statutory changes than pleading in civil actions. In some States less formality is required than at common law, and final judgment cannot be entered upon purely formal grounds. Formal defects may be cured by amendment, but there can be no amendment to matter of substance in an indictment, otherwise an amended indictment would not satisfy the requirement that the indictment must be found by the grand jury.

To be continued: In Law: Pleading(5)

Source of Information: thehistorybox.com
To contact: miriam@thehistorybox.com

In Law: Pleading (3)

The successive pleadings in an action, beginning with the plaintiff's pleading, were named the declaration, plea, replication, rejoinder, sur-rejoinder, rebutter, and sur-rebutter. Although theoretically possible, it was not usual for the proceedings to continue beyond the rebutter or sur-rebutter.

Upon the trial of an issue of fact, as the character of the issue was determined by the pleadings, it necessarily followed that the relevancy of all evidence offered at the trail was also primarily determined by the pleadings. Upon the entry of judgment all the pleadings in the case, together with the judgment constituting the judgment roll, were filed with the clerk of the court, thus constituting a complete permanent record of the case.

Owing to the highly technical and formal nature of the common-law system, the practice grew up of deciding the rights of litigants upon purely formal grounds, and judgment was frequently taken against a party upon demurrer because he had failed to state a perfectly valid claim or defense in the proper form. This was corrected to some extent by the statute of 27 Eliz., e. 5, sec. 1, which provided that no advantage should be taken of defects of form, except by a special demurrer which should state specifically the formal defect objected to. The statute 4 Anne, c. 16, sec. 1, was enacted for more effectively accomplishing this result, and 15 and 16 Vict., c. 76, sec. 50-52, abolished the special demurrer and required all defects of form to be taken advantage of by motion before trial. This is generally the modern practice. The statute of Anne referred to allowed the defendant to plead several pleas to the same declaration, thus breaking down to some extent the principle of singleness of issue. Through laxity of practice also the defendant was allowed in his plea to make use of a general denial, known as the general issue, the effect of which in most actions was ultimately not only to deny all the essential allegations of the declaration, but to allow the defendant at the trial to prove many matters of affirmative defense. An attempt was made by statute, 4 Wm. IV., C. 42, to avoid the confusion and the frequently illogical results of this complicated system by authorizing the judges of the common-law courts to adopt certain rules modifying the common law of pleading as it then existed. These rules, known as the Hilary rules, were promulgated in 1834 and had for their principal object the narrowing of the general issue so as to make it conform more closely to a logical denial of the allegations in the complaint. These rules, however, did not succeed in accomplishing the desired result, and seem only to have added to the confusion into which the subject had fallen. The law was substantially revised by 15 and 16 Vict., c. 76, and modern legislation has been enacted in all of the United States in which the common-law system has been retained.

To be continued: In Law: Pleading (4)

Source: thehistorybox.com
To contact: miriam@thehistorybox.com

In Law: Pleading (2)

The first step toward accomplishing the object of pleading after service of summons or mandate of the court upon the defendant was the filing of the declaration (known in modern practice as the complaint) in court. In the declaration the facts were required to be stated according to their legal effect only, and it was not permissible to set out the evidence on which the plaintiff relied. Owing to the tendency of the early lawyers to adopt fixed forms of statement and to their adherence to precedent, the declaration was required to conform to one of a limited number of rigid forms, and if a plaintiff could not adapt the state of facts upon which he based his right to recover to one of these forms, he was without remedy.

After the plaintiff had filed his declaration it was then incumbent upon the defendant to make some statement of his defense; otherwise, after a certain period, judgment would be taken against him by default. If the defendant conceived that the declaration, if taken as true, did not show sufficient grounds to justify the plaintiff's recovery (or, as it was said, did not state a cause of action), he could submit the question of its sufficiency to the court as a matter of law by filing a demurrer to the declaration.

If however, the defendant wished to deny any of the allegations contained in the declaration, he might do so by filing a formal denial, his pleading in that case being known as a plea by way of traverse. An issue of fact was thus raised for decision by the jury.

It might happen, however, that the defendant, while admitting the truth of all the allegations in the declaration, and admitting that it was legally sufficient, relied upon the existence of new or other facts sufficient to excuse him from the liability charged in the declaration, in which case his plea took the form of a confession and avoidance. The plaintiff might then plead, setting up either a demurrer to the plea or a denial with the effect already described; or he in turn might plead by way of confession and avoidance and thus cast upon the defendant the burden of pleading again. In every case the pleadings were thus continued until a single issue of law or fact was raised, and the determination of that issue determined the rights of the parties to the litigation. Any plea of a defendant, such as has been described, setting up some matter of defense to the plaintiff's claim was known as a plea in bar or as a plea to the merits. It might happen, however, that the defendant wished to insist upon some matter which, though not a complete defense to the plaintiff's claim, was sufficient to show that the action was brought in an improper manner, as that the plaintiff was a married woman and had not joined her husband as plaintiff, or that the court had no jurisdiction, or that the defendant was not properly named. Such a plea was known as a plea in abeyance. The effect of a plea in abeyance, if successful, was to cause a dismissal of the plaintiff's action without prejudice to a second action if properly brought. If unsuccessful the defendant was allowed to plead again to the merits.

Source: thehistorybox.com

To be continued: In Law: Pleading (3)

To Contact: miriam@thehistorybox.com

In Law: Pleading (1)

As a generic term, the written allegation of facts upon which a party to any legal proceeding founds his claim or demand or his answer or defense thereto. Used in a broader sense, the term signifies the system of legal rules and principles applicable to the written pleadings in a legal proceeding.

Pleading is only one of the successive steps in a proceeding at law by which one party asserts or enforces his rights against another, all together being comprehended by the term procedure. Originally the pleadings in an action at common law were oral, as is evidenced by many peculiarities of the common-law procedure of a later date; but as early as the reign of Edward III. we find that the pleadings were in writing and usually in Latin.

Pleading at law, however, ultimately developed into a system of highly technical and formal rules requiring the greatest precision in their application, and often by their very formality and rigidity defeating rather than aiding justice. Although remedial statutes were passed as early as the reign of Elizabeth, no attempt at a general reformation of the system was made until 4 William IV., c. 42, in 1834. At a later date in the United States various forms of statutory or code pleadings were adopted.

The principles upon which any system of pleading are necessarily based will, perhaps, be best understood by referring briefly to the more essential elements of the common-law system. The primary object of the pleadings in an action at common law was to raise a single issue or dispute upon either a point of law or of fact. In the former case a question was raised for decision by the court, usually after argument upon the question of law involved and submission of briefs by opposing counsel. In the latter, a question was raised for decision by the jury after hearing evidence tending on the one side to prove and on the other to disprove the fact in dispute. And upon the decision of the court or a verdict of the jury final judgment was entered determining the rights of the parties to the controversy.

To be continued: In Law: Pleading (2)

Source: The History Box.com

To contact: miriam@thehistorybox.com
.

Friday, December 4, 2009

Brusciano, Italy News/Events (13)

This article contributed by Dr. Antonio Castaldo will only be in Italian.
"A Brusciano col nuovo anno scolastico è arrivata una nuova preside all’ICS “De Filippo”.

L’Istituto Comprensivo Statale “Eduardo De Filippo” con il nuovo anno scolastico ha visto l’avvicendamento tra l’uscente dirigente, prof. Aniello Alfano, e la nuova preside, professoressa Stella Notaro.

L’Amministrazione comunale di Brusciano guidata dal Sindaco dott. Angelo Antonio Romano e per le specifiche attività dall’Assessore alla Pubblica Istruzione, prof. Francesco D’Amore, ha espresso l’augurio di buon lavoro ed il cordiale benvenuto alla nuova preside, dott.ssa Notaro, ed al contempo ha rivolto il pensiero di gratitudine al professore Alfano, dirigente scolastico uscente, per l’impegno reso in questi anni a favore dei ragazzi della scuola “De Filippo”.

L’Assessore alla Pubblica Istruzione prof. D’Amore, lui stesso docente della “De Filippo”, ha dichiarato che “le poche risorse finanziarie disponibili ci faranno da stimolo creativo per avere la massima resa in termini di servizi e di iniziative di sostegno ai giovanissimi studenti. In special modo verranno garantiti anche interventi di assistenza materiale, nelle varie casistiche esistenti, per la parte bisognevole della platea scolastica”.

Nella ricchezza delle proposte educative ordinarie e straordinarie l’Istituto Comprensivo Statale “Eduardo De Filippo”, a chiusura dello scorso anno scolastico aveva a presentato il compimento del “Progetto Raccolta Differenziata” con l’Assessore alla Pubblica Istruzione, Prof. Francesco D’Amore ed il dirigente scolastico, prof. Aniello Alfano. (To Continue)

You can also visit directly the Brusciano, Italy News/Events Information Page at Italian Harlem. .
To contact: miriammedina@earthlink.net or miriam@thehistorybox.com
.

Sunday, November 29, 2009

Charlie D Helps Past Residents of Italian Harlem Find Their Way Back To The Old Neighborhood

Charles DeMonte was born in East Harlem, New York. Known and loved by all his friends from the old neighborhood, as Charlie D, he has developed a fantastic site in such a short period of time that has been overwhelmed with past and present residents visiting and talking about the good old days in East Harlem., once known as "Italian Harlem."

Through Charlie's website "The Old Neighborhood Online" he has enabled people to reconnect with each other on a daily basis. Charlie expresses his thanks to the Giglio Boys and the East Harlem Reunions for revitalizing the spirit of East Harlem. Thanks Charlie for keeping the memories of the Old Neighborhood alive. M.M.

To Contact: miriammedina@earthlink.net
.

Tuesday, November 24, 2009

Do All Good Things Eventually Come To An End? (4)

Especially when a person has gone through a devastating financial experience, decision making can at times, be mentally exhausting. Because of their insecurities, they are in constant turmoil. It takes them forever to make a decision as to their choice, holding out constantly, looking for even better possibilities, which may never come. In the meantime, they are letting wonderful opportunities slip by. From simple to complicated choices, they are dominated by fear. They lack self-confidence. Fear of failure, fear of being ridiculed by others and fear of what others may think of them. The longer it takes for them to make up their minds, the more fearful that person will become of his or her ability to deal with it. Laments such as: "Oh my, what do I do?" I just can't make up my mind!" “I don't know if I should invest in this company or not!" "I don't know if I should take this job with lesser pay or hold out for a better one.? Indecision creates an unsettled condition in your mind and body. As long as you are an indecisive person, you are helpless and won't be able to move in any direction with complete assurance, unless you were guaranteed that the step you will take in making changes is safe and secure.

If and when these individuals do make their choice, they continue to be harassed with anxiety on whether or not it was the right choice. No matter what they decide to choose, they will always find a reason why that choice was wrong, thus subjecting themselves to unnecessary stress, bemoaning what might have been. Expressions such as: "It's just my luck, that this should have happened, I knew I shouldn't have made that choice," " I should have gone to college when I had the chance instead of getting married, now with three kids, its too late," " I don't know why I agreed to buy this house, it was too much for me to handle and I don't even like where we live," " "Why did I choose this car, what a lemon, it has been nothing but trouble since I got it." " I don't know why I got into that business, I wasn't able to make any money on it," so on and so forth.

There are so many hidden talents within each of us, that can be uncovered and developed today. Each one of us is unique, expressing ourselves in our own particular way. The best way to begin , is to create a new plan of Self-direction by analyzing your negative thoughts and trying to find a way of turning them into a positive approach to life. Dismantling old negative thoughts, is a very frustrating and difficult project, but it can be done......Stop selling yourself short.....as I mentioned before, wanting to do something and not take action on it is self-defeating.....It becomes mere daydreaming Those who make decisions promptly and definitely know what they want, usually get it.The person of a positive mental attitude, who is in charge of himself or herself does not view change as a threat but as an opportunity to expand his or her horizons.These individuals of Positive Mental Attitude are flexible and have self-direction. They know what their choice is about, weighing all the pros and cons related to it, deciding which will result in a better return for them, and then take the plunge by moving forward with a burning desire to win or perish. They are not hindered by self imposed limitations. They have learned the secret of uncovering the hidden talents that are within them, and developing them to its fullest.

In summary, Do All Good Things Eventually Come To An End? Not necessarily. Tell me, if you agree or disagree? I would like to hear your comments on this.

Do All Good Things Eventually Come To An End? (3)

Whatever pain and suffering that you may have experienced in the past belongs to the past. If it continues to exist now, it is because you keep inflicting it upon yourself repeatedly, refusing to let go of the memory. As long as you go on thinking wrongly about yourself and about life the same sort of difficulties will continue to harass you." The more the injured party focuses on his or her negative emotions, rehashing all past hurts, pain and feelings, especially when trust is shattered, it may turn into an obsession disturbing that person's sleep and daily activities, cause ill health as well as create serious problems with how they interact with people. We all know that there are things in a relationship that can be changed, but there are others that the injured party is unable to forgive. The latter will not enable a reconciliation because the memory of the hurt and pain is fresh and always there. Like will continue to attract like. In order to heal a relationship, there has to be a deep desire and a strong commitment to repair it. But if after all efforts have been made, and love is indeed lost between both partners, then one should prepare themselves emotionally and mentally for the possibility that the relationship cannot be saved and move on with their lives. So if you are not satisfied with the world you have created for yourself, then start thinking and acting in a positive way about yourself, your relationships, and all that concerns you, and in so doing you will create a new mold from which to start a new chain of events that will be more to your liking and pursuit of happiness. Amazingly, in the process, one might even meet and fall in love with someone who will help you to become more fulfilled and more deeply loved. The ultimate challenge is that we are not "at the mercy of Fate," as the expression says "Que sera, sera...what will be will be.", thus clouding any possibilities for a better future. We can neutralize this image by establishing a positive frame of mind. Self-direction is what motivates us to pick up the pieces and start all over again. In order for you to achieve whatever you set out to do, you must believe in whatever you wish to achieve, accept its possibility and confidently expect it to be realized. These truths can be applied to every area of your life, whether it be your health, home, career, job or relationships, and in doing so you will lift your thoughts, and your vision to see beyond your needs, circumstances, or conditions that surround you, which will result in fear turning to courage and confidence, anxiety to calmness , and despair to faith and hope.

With regard to: careers, material possessions etc. not necessarily so!
.
Suppose an individual has taken a big loss in business deals, plunging his family into a severe economic hardship. No one can admit, that this is not a devastating experience, but we can look at the flip side. Although money is essential to our existence and at times hard to replace, family and health is of the ultimate importance. One must not also forget that this individual still has the creativity and ingenuity, with which he originally started out with, and can begin another business using this same creativity and ingenuity, which will result in a much more successful and prosperous accomplishment. The bottom line to this is "Never allow you to be defeated."

To be continued: (4)

To contact: miriammedina@earthlink.net
.

Do All Good Things Eventually Come To An End? (2)

Self-worth

"The value one assigns to oneself or one's abilities in self-assessment." "The quality of being worthy of esteem or respect."

There is a difference between self-esteem and self-worth. Self-esteem fluctuates depending on what is happening to you at the time. If you are successful, you feel great, walking proud with your chest pumped out, but if you failed then you feel terrible walking with bowed head and droopy shoulders. Self-worth is what you are born with, and that cannot be taken from you but you can lose sight of it.In order to love others, we must acknowledge our value and love our selves. It doesn't matter what we may have accomplished in life, and it doesn't matter what anyone else thinks of us, we should above all love ourselves unconditionally. Each of us are the central character of our world, desiring to be the center of attention, recognized and respected while others revolve around us. Therefore,everything that happens to us through our own emotions, actions and thoughts is of great significance in playing a role in the growth and development of that world. In plain words we are fully responsible for whatever we think, say and do. We can choose to be happy or choose to be miserable. So make up your mind right now to choose to react to every situation and circumstance with poise. Focus your thoughts on relaxation, and less on stress and worry. Read some inspirational literature. Listen to calming music such as sounds of nature with subtle musical instruments in the background. Do some exercise, prayer, journal writing, even soaking in a hot tub, and most of all get plenty of rest? It may not take away the problem at hand, but it definitely will calm you down, keeping your energy and spirits high.

With regard to relationships....Do All Things Eventually Come To an End? I reiterate...not necessarily so!

If you pay close attention to the warning signs as well as the causes, you can get professional help in time to assist you in addressing these issues, and trying to reach a better level of mutual understanding and communication between you and your partner. One should seek therapy that focuses on the emotions, which will help reduce marital stress and psychological symptoms. When a person believes in their worthlessness, then they place themselves in a position of feeling powerless and afraid.. By openly talking about the pain, hurt and emotions that have been buried deep inside, it is a step toward emotional healing and improved self-worth. The process of therapy dealing with the emotions will help you reach that level of forgiveness of self, and forgiveness toward the partner who has hurt you. Therapy, anger management groups, and support groups and most of all if you are a believer, a trust in God , can help heal chronic anger, instilling hope for a better future. Hope is a spiritual gift from God. As the injured party comes to terms with himself or herself, and is released from negative and hostile feelings, the injured partner begins to grow emotionally stronger.

To be continued: (3)

To contact: miriammedina@earthlink.net
.

Do All Good Things Eventually Come To An End? (1)

By Miriam Medina

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Not necessarily! Although this is a "doomsday" common expression that is utilized frequently by most people when they lose something that was once important to them, whether it be material possesions, careers, or other pertinent matters etc. It is also often used by individuals that have gone through a period of physical and emotional abandonment from their partners during a relationship.

Abandonment

The word Abandon is defined as " leave completely and finally: forsake utterly: desert, to give up, discontinue, withdraw from..."

In all relationships, whether it be friendship, marriage or between lovers, there always seems to exist a sub-conscience fear of the possibility of being abandoned. Not only being physically abandoned but emotionally abandoned also. What is emotional abandonment? It is the withdrawal of feelings and emotional support. Many times relationships fail because one partner is uncommunicative in expressing his or her emotional needs, becomes bored with the relationship and stops listening, feels awkward because he or she doesn't know what to say or how to meet that partner's expectations, or is often so self-absorbed that he or she becomes oblivious to his partner's wants and needs because it doesn't concern him or her and will emotionally withdraw from the relationship, thus increasing the insecurities of the other person. The world revolves only around him, his needs, his wants, and the only time, he becomes affected is if that world is shaken up in some way. This eventually will lead to building an invisible wall between the two partners making it impossible to share an intimate close relationship. The longer this emotional abandonment lasts, the more devastating will be the effects chipping away at the individuals feelings of self-worth..

To be continued: (2)

To contact: miriammedina@earthlink.net
.

Brusciano, Italy News/Events (11)

"Brusciano omaggia il sito archeologico di Starza Regina a Somma Vesuviana."

Una visita libera, istruttiva e gratuita con le guide accortissime di Amelia Di Matteo, Rosaria Aliperta, Marianna Coppola, Bianca Piccolo ed altri fra i volontari della “Pro Loco Somma” coordinati dal presidente, Franco Mosca. Dopo le circa 1200 visite registrate nel primo wekend, si darà nuova opportunità pubblica: sabato 3 ottobre, dalle ore 16 alle 18 e domenica 4 ottobre, mattina ore 9-13 e pomeriggio ore 16-18. Per domenica il Presidente del Consiglio comunale di Brusciano ha segnato in agenda la sua visita, insieme al giornalista Antonio Castaldo, perché “la comunanza di storia e cultura, usi e costumi, con la confinante Somma, sprona alla ulteriore condivisione ed impegno promozionale di questi tesori dell’umanità ed a scoprirne di altri magari anche a Brusciano”.

A Somma Vesuviana, località Starza della Regina, nel corso di lavori agricoli, negli anni ’30 dello scorso secolo, affiorarono le mura di un grande edificio romano risalente alla prima Età Imperiale che ospitò la vita degli antichi abitanti fino all’eruzione vesuviana del 472 d. C. che lo sommerse quasi del tutto. L’attenzione sul luogo fu portata dal farmacista di Somma Vesuviana Alberto Angrisani amico dell’epigrafista Matteo Della Corte, direttore degli Scavi di Pompei. Si è ipotizzato che questa dimora fosse stata quella degli ultimi giorni di vita dell’Imperatore Ottaviano Augusto, (Roma 63 a. C. - Nola 14 d. C.). Tacito (Annales - Liber I - 5) racconta che Tiberio si recò da Augusto morto presso Nola: "spirantem adhuc Augustum apud urbem Nolam an exanimem repperit". Alla luce di nuovi dati e reperti però è smentita questa ipotesi. Ma resta il fascino dell’antico sito.

Dal 2002, su concessione del Ministero per i Beni e le Attività Culturali e con l’alta sorveglianza della Soprintendenza ai Beni Culturali Archeologici delle Province di Napoli e Caserta, viene portato avanti lo scavo a cura dell’Università di Tokio, che dovrebbe restituire alla luce l’intero complesso, dagli attuali 800 ai circa 9000 metri quadrati. Gli archeologi giapponesi sono guidati da Masanori Aoyagi con il supporto di Antonio De Simone dell’Università Suor Orsola Benincasa. For more and the English Translation.

You can also visit directly the Brusciano, Italy News/Events Information Page at Italian Harlem

Also visit the Italian Harlem Page......

To contact: miriammedina@earthlink.net or miriam@thehistorybox.com
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Monday, November 23, 2009

Disappointment versus Discouragement

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Today is one of those days that I would like to skip the strong coffee, forget about everything I am supposed to do and crawl back into the comforts of my bed for a couple more hours. Sounds pretty discouraging right? However, this is not the case. After researching, transcribing and writing non-stop over the weekend, to keep my blog and website updated, oh by the way I was also able to put a dent in my paperwork that was piled so high on my desk....I can't believe I did all this. What a burst of energy I had, but this morning I am totally wiped out and not in the mood to even go to work.

Considering the fact that I didn't give in to my disappointed whim, I am here now, back at my old familiar drawing board with my strong cup of coffee next to me, trying to think about what I should say to you, which would offer encouragement in starting your day.

Judging by the title of today's blog, I guess you already have an idea of what I want to talk about. "Disapointment versus Discouragement."

First, A distinction should be made between being disappointed and being discouraged. The Readers Digest Great Encyclopedic dictionary defines Disappointment as follows: 1) "To fail to fulfill the expectation, hope, or desire of (a person). 2. To prevent the fulfillment of (a hope or dream). What is Discouragement? The dictionary defines discouragement as follows; "a feeling of despair in the face of obstacles; or a state of distraught and loss of sense of enthusiasm, drive or courage."

Have you ever had an expectation about something that you wanted very much and it failed to become a reality? Undoubtedly, your first reaction toward this was a sense of great disappointment followed by discouragement. How many job seekers start out with great expectations; well dressed, briskly walk, an excellent resume in hand , their self-esteem all pumped up, anticipating a bright financial future when they land the job, only to become totally discouraged, sitting at home, waiting hours, days and even weeks for the "I'll call you" that never comes. This leaves the job seeker even more alone and much discouraged.

We all know that with the holidays approaching, everyone, especially the kids are all geared up with their "What I want for Christmas or Hanukkah ” list. In trying to fulfill the expectations of their loved ones, some brave mothers will even dare to venture a tug of war showing up at the crack of dawn at Wal-Mart’s, or whatever retail store that opens early, the day after thanksgiving. For whatever reason, there is always an item that has been advertised, that every kid MUST have. However, for those who did not see their expectations materialized, it becomes a terrible disappointment.

How many parents are disappointed with their child, when he or she decides not to go to college, crashing all their hopes and dreams to pieces? Some parents that were not able to have the opportunity to go to college when they were young adults, sometimes end up pushing their child in that direction, whether he or she wants to. Naturally the reaction to their disappointment would be one of judgment and condemnation. In looking on the positive side of this situation, the decision of not going to college took courage, and was perhaps very difficult for him or her to make. It is possible that this young adult may want this education at a later date, making a greater effort for himself or herself at that time. Remember, to avoid disappointments, whatever hopes and dreams that we may have for another must coincide with the hopes and dreams of the other person.

No one is immuned to discouragement. It comes to all of us at one time or another. Life is an unfolding process, where we "move from comparative ease to points of crisis."

When you are faced with discouragement, find yourself a notepad, and begin to write on one side of the paper all the negative situations that are contributing to your state of mind , then on the other side write all the possibilities of a solution to these situations. In so doing, you are putting less focus on the negative and concentrating more on the positive, and answers will begin to appear. When we give our attention to the positive it will then become our experience. .

Self-direction is what motivates us to pick up the pieces and start all over again. In order for you to achieve whatever you set out to do, you must believe in whatever you wish to achieve, accept its possibility and confidently expect it to be realized. These truths can be applied to every area of your life, whether it be your health, home, career, job or relationships, and in doing so you will lift your thoughts, and your vision to see beyond your needs, circumstances, or conditions that surround you, which will result in fear turning to courage and confidence, anxiety to calmness, and despair to faith and hope.

Miriam Medina is the author of this article: To Contact: miriammedina@earthlink.net
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Sunday, November 22, 2009

For It's All In The State of Mind

Written by Walter D. Wintle

"If you think you're beaten, you are
If you think you dare not, you don't.
If you think you can't win, and know you can't
It's almost a cinch you won't.

For out in the world you'll find
Success begins in a fellows will
For it's all in the state of mind.

For many a race has been lost
Nor even a step has been run
And many a coward has fallen
Before his works begun.

Think big, and your deeds will grow.
Think small and you'll fall behind.
Think that you can, and you will.
For it's all in the state of mind.

The race doesn't always go
To the bigger or faster man
But the race sometimes goes
To the Man who thinks he can."

This poem has been a great inspiration to me.

To contact: miriammedina@earthlink.net
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Saturday, November 21, 2009

Poesías de José Martí

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Dos Honras

I

Señor, mi madre tenía
Hambre una noche, y al punto
Robé, resistió: un difunto
La noche en sí recibía.

__Tu madre hambrienta, tú loco:
Fuiste ladróno culpado:
Para condenarte es poco:
¡Alzate, hombre: eres honrado!

II

__Señor, mi madre tenía
Hambre una noche: salí
Por si alguien cuerpo quería:
¡Me compraron, me vendí!

__Tu madre hambrienta, tú loca:
Infame fuiste y culpada;
El cieno vive en tu boca:
¡Aparta, mujer manchada!

Pues que por un hambre igual
El robó lo que quería
En una noche fatal,
Y ella dió lo que tenía

Por el hambre maternal;
Si honra merece el ladrón
Porque el pudor del hombre olvida
En la maternal aflicción,

¡Honrada es la honra perdida,
Si no vende el corazón!


Junio 12 de 1875 Publicada en la Revista Universal, México, 13 de junio de 1875.
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Si deseas dejar un comentario, escribe a: miriammedina@earthlink.net
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Poesías de José Martí

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I Brigada__113

Mírame, madre, y por tu amor no llores:
Si esclavo de mi edad y mis doctrinas,
Tu mártir corazón llené de espinas,
Piensa que nacen entre espinas flores.

Presidio, 28 de agosto de 1870

Para ver más poesías de José Martí visite al Rincón en Español.
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Our Lady of Mount Carmel of East Harlem


Meet the Man Responsible for Our Lady of Mount Carmel of East Harlem Web Site

Forty-three year old , Italian American first generation, Al Guerra, grew up in East Harlem, who followed the feast every summer. Although He currently lives in Florida with his wife and three children, he still travels to East Harlem every year for the Feast. Al Guerra has managed to put together a fascinating website about the Feast of Mt. Carmel .This is a wonderful website dedicated to the people who helped make this great festive tradition possible. This website portrays a yearly tradition that has been in existence among the Italian Immigrants since 1881 and will continue to exist even into the future. Lots of research , photos and valuable historical information has been invested by its webmaster in the preparation of this website. A definite must see. Please visit Mt. Carmel Feast website

Keeping Italian Traditions Alive Through Photography in East Harlem

We have much to be thankful to Bobby Maida the photographer for capturing and keeping alive the visual memories of celebrated Italian Traditions in East Harlem.

Say It With Photography ( "The photos show us things we would otherwise have to imagine from verbal descriptions." "That's why photos are so important they tell us so much more than any text does.") Professor Norman Thorpe

Experience shows that pictures communicate in a way text does not.

A website which I would like to mention that is dedicated to Italian Traditions, the Giglio di San Antonio in East Harlem, which is an Italian Festa in continium since the early 19th century. Bob Maida, who is an active member and photographer of the East Harlem Giglio Society has done a fantastic job of providing pictures, current as well as historical which can be viewed by the public. Bobby also helps promote the festival.




Visit Bobby Maida's East Harlem Website, a fantastic worthwhile learning experience of visual arts and information.
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Once the largest Italian community in NYC, East Harlem is a pleasant memory for countless former inhabitants. To renew that memory, thousands of former residents along with their children and grandchildren return to renew that bond and meet up with friends in the old neighborhood for the Feast of Giglio di Sant’Antonio sponsored by the Giglio Society of East Harlem.

The Giglio Society of East Harlem is a group of men who have dedicated their lives to honor Sant’ Antonio, their beloved saint. Their love and devotion is on display each year during their Annual Festival held in East Harlem, . They honor their Patron Saint in very much the same fashion as their ancestry did and still do annually today in by building a Giglio and dancing it in the streets of East Harlem.

Also for pictures of the past feasts visit the Giglio Society of East Harlem Photo Gallery.

To contact: miriammedina@earthlink.net Follow mimispeaksblog on Twitter

The Supreme Court of the United States (5)

In 1895, in the Income Tax Cases, 82 U.S., 429, it was held that the constitutional provision requiring direct taxes to be apportioned among the States according to their population rendered invalid a tax which was not so apportioned on incomes derived from real estate and as the direct product of personal property. And only recently were decided the Insular Cases, 128 U.S., 1, cases arising out of the conquest of Porto Rico and the Philippines, in which was considered the power of Congress to govern territories acquired by war or treaty, and in which was affirmed to the largest extent the national power of the Republic. This list might be greatly increased, but enough have been cited to show the general character of the cases considered and determined by that court in upholding the idea of nationality. It has always strongly upheld the powers given by the Constitution to the nation and at the same time protected the States in the powers reserved by that instrument to them.

At first the amount of business in the Supreme Court was small; now it is large. In 1801, the first year of Chief Justice Marshall's term, only ten cases were filed; from 1875 to 1880 there were 1953, or an average of about 390 a year. While the act of 1891 diminished the number of cases that could come to the court, yet during the year 1900 401 cases were filed, and during the year 1901 383.

As heretofore stated, the court at first consisted of six members; it never has had at any time over ten, and now has but nine. The following is a list of the Chief Justices and also of the associate justices, as well as the States from which they were appointed:

Chief Justices

John Jay, New York; John Rutledge, South Carolina; Oliver Ellsworth, Connecticut; John Marshall, Virginia; Roger B. Taney, Maryland; Salmon P. Chase, Ohio; Morrison R. Waite, Ohio; Melville W. Fuller, Illinois.

Associate Justices

William Cushing, Massachusetts; James Wilson, Pennsylvania; John Blair, Virginia; James Iredell, North Carolina; Thomas Johnson, Maryland; William Paterson, New Jersey; Samuel Chase, Maryland; Bushrod Washington, Virginia; Alfred Moore, North Carolina; William Johnson, South Carolina; Brockholst Livingston, New York; Thomas Todd, Kentucky; Joseph Story, Massachusetts; Gabriel Duval, Maryland; Smith Thompson, New York; Robert Trimble, Kentucky; John McLean, Ohio; Henry Baldwin, Pennsylvania; James M. Wayne, Georgia; Philip P. Barbour, Virginia; John Catron, Tennessee; John McKinley, Alabama; Peter V. Daniel, Virginia; Samuel Nelson, New York; Levi Woodbury, New Hampshire; Robert C. Grier, Pennsylvania; Benjamin R. Curtis, Massachusetts; John A. Campbell, Alabama; Nathan Clifford, Maine; Noah H. Swayne, Ohio; Samuel F. Miller, Iowa; David Davis, Illinois; Stephen J. Field, California; William Strong, Pennsylvania; Joseph P. Bradley, New Jersey; Ward Hunt, New York; John M. Harlan, Kentucky; William B. Woods, Georgia; Stanley Matthews, Ohio; Horace Gray, Massachusetts; Samuel Blatchford, New York; Lucius Q. C. Lamar, Mississippi; David J. Brewer, Kansas; Henry B. Brown, Michigan; George Shiras, Jr., Pennsylvania; Howell E. Jackson, Tennessee; Edward D. White, Louisiana; Rufus W. Peckham, New York; Joseph McKenna, California; Oliver W. Holmes, Massachusetts; William R. Day, Ohio. They hold office for life, and yet up to 1903 the average term of office of the Chief Justices had been 13 5-12 years, and of the associates 15 9-12 years.

That the work of the court has not only developed a national idea, but also has done much to give stability to republican institutions is now conceded by all. Consult: Curtis, Jurisdiction of the United States Courts.

To contact:miriam@thehistorybox.com
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The Supreme Court of the United States (4)

In Osborn v. United States Bank 9 Wheat. 738, it was held that a State had no power to tax one of the branches of the United States Bank; that the bank was one of the agencies and instrumentalities of the national Government, and as such was removed from the sphere of State taxation. From that decision has sprung the settled rule exempting all the agencies and instrumentalities of the national Government from State taxation except so far as permitted by Congress. This is seen in respect to United States bonds, national banks, etc. Conversely, though at a later date, in The Collector v. Day, 11 Wall. 113, decided December, 1870, it was held that Congress could not impose an income tax on the salaries paid to State officials. By these two decisions neither State nor nation can impair the efficiency of the necessary governmental action of the other.

Chief Justice Marshall was succeeded by Chief Justice Taney. As he and a majority of his associates had belonged to the 'strict construction school,' many prophesied a complete reversal of prior rulings, but the court still affirmed the nationality of the United States.

Thus in Pennsylvania v. Wheeling and Belmont Bridge Company, decided in 1849, 9 How. 647, and 1851, 13 How. 518, the jurisdiction of the Supreme Court was affirmed over a case brought by a State to restrain the obstruction of a navigable river within the limits of other States. In Abelman v. Booth, decided in 1858, 21 How.506, a prisoner in custody of the United States authorities was held not to be subject to discharge by State process. And in the famous 'Dred Scott Case,' decided in 1856, 19 How. 393, the nationality of the United States was asserted, though in a way not satisfactory to the friends of human freedom, in that it decided that the recognition by the Constitution of slave property carried with it the protection of that property in all the territories of the nation.

When the Civil War ended and Chief Justice Taney had been succeeded by Chief Justice Chase a new series of cases arose. Naturally bitter feelings were excited by the war, and stringent laws were passed by Congress and by some of the States against those who had participated in the rebellion. Test oaths were prescribed which prevented ministers and lawyers who had taken part with the South from pursuing their respective professions, but in Cummings v. Missouri, and ex parte Garland, decided in 1866, 4 Wall. 277 and 333, such test oaths were adjudged invalid as ex post facto acts. At the same time, in ex parte Milligan, 4 Wall. 2, it was held that a military tribunal, sitting in Indiana, a State in which there had been no rebellion, had no jurisdiction to punish a citizen, in no way connected with the army, for an offense against the Government. In Texas v. White, 7 Wall. 700, decided in 1868, it was held that States in rebellion did not lose their existence or identity, and in the opinion Chief Justice Chase made the memorable declaration that this was "an indestructible union composed of indestructible States."

Soon after the war the Fourteenth Amendment to the Federal Constitution was adopted, which prohibited the States from depriving any person of life, liberty, or property without due process of law, and from denying to any one the equal protection of the law. It was claimed by many that this operated to prevent the grant by a State of any special privileges, but in the Slaughter House Cases, 16 Wall. 36 (1872), a charter given by the State of Louisiana, which secured to the corporation a monopoly of the butchering business within certain limits of New Orleans, was held to be valid, and thus the right of each State to determine for itself, in the grant of privileges, that which was best for its citizens was sustained. In 1890 came Leisy v. Hardin, 135 U.S., 100, in which it was held that the grant by the Federal Constitution to Congress of the power to regulate commerce between the States invalidated the legislation of one State which sought to prevent a citizen of another from selling and shipping liquors into it.

To be continued: Supreme Court (5)

Source of Information: From my Collection of Books: The New International Encyclopedia; 1902-1905 Dodd, Mead and Company-New York Total of 21 Volumes.

To contact: miriam@thehistorybox.com
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The Supreme Court of the United States (3)

The Constitution gives in terms no such power, or indeed any power to create corporations, and the advocates of a strict construction contended that in the absence of an express grant of such power Congress could not create a corporation for any purpose. The court, upon the authority of that clause which, following the clauses making express grants to Congress, empowers that body to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers," held that, as a bank was a proper and convenient agency for carrying on the fiscal affairs of a government, there was power in Congress to create a banking corporation; that the word 'necessary' was not to be construed in a strict and narrow sense, but viewing the Constitution as an organic instrument by which a government was established and which from the very necessities of the case used general terms in giving to that government the power essential for its being, to be taken broadly and liberally, and said in a phrase which has become axiomatic in constitutional law: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional."

This decision laid the foundation of what is known as the doctrine of implied powers, the significance of which may be better appreciated when we recall the fact that under a grant of power stated in these few words "to establish post-offices and post roads" the great postal system of the United States has been built up. At the same term was decided the case of the Trustees of Dartmouth College v. Woodward, 4 Wheat. 518, in which it was held that the charter of a private corporation granted by a State created a contract whose obligations the State could not impair, because of that provision of the Federal Constitution which forbids a State to pass any law "impairing the obligation of contracts." (See DARTMOUTH COLLEGE CASE.) It is true the full effect of that decision has been avoided by constitutional enactments in the Several States, reserving the power of repeal, alteration, and amendment of all corporate grants. Yet, notwithstanding these limitations, that decision stands as the great bulwark of the sanctity of contract rights created by the States.

Martin v. Hunter, 1 Wheat. 304, and Cohens v. Virginia, 6 Wheat. 264, the latter decided at the February term, 1821, settled the power of the Supreme Court to review, and if necessary set aside, the proceedings of a State court in a case in which a Federal right was asserted by the defeated party. Thus it is that all rights which are claimed under the Constitution of the United States may finally be adjudicated by the Supreme Court of the United States, and a unity is thereby established which pervades the nation in respect to such rights. Again, in Gibbons v Ogden, 9 Wheat. 1, decided in 1824, the supreme power of the Federal Government over the navigable waters of the United States was affirmed. In that case Robert Fulton, the inventor of the steamboat, and his associate, Robert R. Livingston, obtained from the State of New York the grant of an exclusive right to navigate with steamboats the waters within the jurisdiction of that State. Gibbons claimed a right under national authority to navigate with his steamboats the same waters, and hence the litigation.

The Constitution having granted to Congress the power to "regulate commerce with foreign nations and among the several States," it was held that that power could not be infringed upon by any action of a State and that a State could not interfere with such commerce even when carried upon waters wholly within its own territory. Upon that decision rests that freedom of commerce between the States which, perhaps more than any other thing, has wrought into the minds of the people the great thought of a single controlling nationality. In this connection the case of "The Genesee Chief,' 12 How. 443, decided in 1851, may be noticed. In that case it was held that the English rule that the jurisdiction of admiralty ended with tide waters was inapplicable, and that in this country such jurisdiction, which by the Constitution is vested in the United States courts, extends to all the navigable waters of the Republic. Thus the control of the Great Lakes and all the navigable rivers of the United States, whether within or without the limits of a State, is vested in the national government.

To be continued: Supreme Court (4)

Source of Information: From my Collection of Books: The New International Encyclopedia; 1902-1905 Dodd, Mead and Company-New York Total of 21 Volumes.

To contact: miriam@thehistorybox.com
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The Supreme Court of the United States (2)

Scene in the Court Room of the... Digital ID: 1101483. New York Public Library

The full significance of the Supreme Court as a factor in the new government was not at first appreciated by all; yet there were some who realized its great importance, like Washington, who, with prophetic visions of what the future was to disclose, wrote, in a letter inclosing the commission of James Wilson, one of the first associate justices: "Considering the judicial system as the chief pillar upon which our national government must rest, I have thought it my duty to nominate for the high offices in that department such men as I conceived would give dignity and luster to our national character.

"Early there arose two parties in this country, one believing that the new government was but a continuance of the old confederacy in effect a league of States, the States remaining the dominant powers, and the national Government serving only as a limited agency for the transaction of a few matters of general importance; the other that a new nation was created, supreme in control, possessing all the power of a nation, the States being simply parts of the one new nation. By the one party, the provisions of the Constitution were strictly construed; no power was vested in the national Government, except that which was expressly named. The other believed that the Constitution was to be so construed as to give vigor and efficiency to the new nation. Upon the solution of this question turned the future of the Republic. It was finally answered and settled by the Supreme Court, which has always spoken for the nationality of the United States. A brief reference to some of the leading cases may indicate its action, and the effect thereof on our history. In Chisholm, executor, v. Georgia, 2 Dall. 419, decided February 18, 1793, the court (considering those provisions of the Constitution which extend the judicial power of the United States to controversies "between a State and citizens of another State," and give to the Supreme Court original jurisdiction of controversies to which a State is a party) held that an action might be maintained against a State by a citizen of another State. The national idea was not yet strong, and the proposition that a sovereign State could at the instance of an individual and without its consent be brought to the bar of a court and compelled to defend an action against it startled many. As a consequence the Eleventh Amendment was adopted, which in effect forbids an action in the Federal Courts against a State by an individual.

John Marshall became Chief Justice in January, 1801, and remained in office for thirty-four years. He is often aptly called 'the great Chief Justice.' During his long term many questions of vital interest were considered and determined by the court.

It was a great constructive period, and by those decisions which declared the relative powers of the nation and the State was disclosed the full significance of the Constitution as an instrument expressing the creating of a new nation and not a mere article of confederation between separate States. Not merely were these relative powers declared, but the peculiar work and value of the Supreme Court as the tribunal to determine the extent of such relative powers and to pass in judgment upon acts of State and nation were also made apparent.

In Marbury v. Madison, 1 Cranch, 137, decided February 24, 1803, it was held that an act of Congress repugnant to the Constitution was void. True, this was not the first case in which such a judicial opinion had been announced, but Chief Justice Marshall presented the argument so fully and forcibly that since then the question has been at rest, and it is now undoubted that a legislative act repugnant to the Constitution is a nullity. Again, in M'Culloch v. Maryland, 4 Wheat. 316, the question was presented of the power of Congress to charter a national bank.

To be continued: Supreme Court (3)

Source of Information: From my Collection of Books: The New International Encyclopedia; 1902-1905 Dodd, Mead and Company-New York Total of 21 Volumes

To contact: miriam@thehistorybox.com
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The Supreme Court of the United States (1)

The Supreme Court Chamber Digital ID: 96345. New York Public Library

The Supreme Court of the United States is the head of the national judiciary. In our system of government there are three coordinate departments; executive, legislative, and judicial. The latter is the last named in the national Constitution, was the last brought into being, but is by no means the least important.

The existence of the Supreme Court is authorized by the Constitution. Section I of Article III. provides that "the judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court is thus a constitutional court, while the other courts of the United States are statutory. Though the Constitution provides for a Supreme Court, it leaves its organization and membership for Congressional supervision. The first act in respect thereto was passed at the first session of the United States Congress, approved by Washington on September 24, 1789, and directed that the court should consist of a Chief Justice and five associate justices, any four of whom should make a quorum. This act not only made provision for the Supreme Court, but created the inferior courts of the United States and organized its entire judicial system. It was drafted by Oliver Ellsworth, afterwards a Chief Justice of the United States. It has remained in its main features unchanged, and one of Ellsworth's admirers has declared that the Federal Judicial system, "the whole edifice, organization, jurisdiction, and process, was built by him as it now stands."


The Constitution in Section 2 of Article III. declares that "the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects." And also that "in all cases affecting ambassadors, other public ministers, and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make." The original jurisdiction, being conferred by the Constitution, cannot be taken away by Congress, although that body may prescribe the procedure by which that jurisdiction is to be exercised; but in respect to the appellate jurisdiction both the procedure and its extent are matters of Congressional determination, and Congress has from time to time made changes in each.

The appellate jurisdiction may be separated into two divisions; one over State courts; the other over the inferior Federal Courts. With respect to the former it reviews the final judgment rendered in any case by the highest court of the State to which the case under State practice can be carried, and this irrespective of the amount in controversy. With respect to the latter, up to 1891 it had, speaking generally, jurisdiction to review the proceedings in any case which had passed to final judgment in such inferior courts, with a limitation in some classes of cases to a certain amount in controversy. By the act of that year (1891) courts of appeal were established, one in each circuit, and were given final jurisdiction in certain cases, such as revenue, admiralty, patent cases, etc. But the Supreme Court may still by certiorari, if it sees fit, bring any of these cases from a court of appeals before it for review. This act did away with the limitation as to the amount in controversy requisite for review by the Supreme Court. In addition the Supreme Court is given power to issue writs of prohibition and all other writs which may be necessary for the exercise of its jurisdiction and agreeable to the principles and usages of law. So that it may be said that the Supreme Court has complete supervision and control over all the inferior courts of the United States.

To be continued: Supreme Court (2)

Source of Information:
From my Collection of Books: The New International Encyclopedia; 1902-1905 Dodd, Mead and Company-New York Total of 21 Volumes

To Contact: miriam@thehistorybox.com
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U.S. History-Transportation (3)

Topic: New York City Area: 1786-1798

Old Brooklyn ferry-house of 17... Digital ID: 801621. New York Public Library

1786

"In 1786, the Legislature granted to Isaac Van Wyck, Talmage Hall, and John Kenny, all Columbia County men, the exclusive right "to erect, set up and carry on, and drive stage wagons between New York and Albany on the east side of the river, for a period of ten years, forbidding all opposition to them under penalty of two hundred pounds. Notwithstanding the traffic, the roads were bad, the stages were uncomfortable, and the trip fatiguing, as the passengers were routed up about three or four o'clock in the morning and traveled until nine, or later, at night, putting up at poor and ill-kept inns. The stages originally started from Cortlandt Street, but later from Broadway and Twenty-third Street; the route, of course, was over the Boston Road from that point to Kingsbridge. The distance was 159 miles. Every one who could do so traveled on horseback, as the stage was not of the kind we read of in Dickens. The steamboat and the railroad sealed the doom of the old stages.

1792

The first hack started in New York in the year 1792, by Gabriel W. Alston. There were about 200 at the time in New York. For a carriage to Harlem, and back, three hours the price was $4; to King's Bridge, all day was $5. The price per day for a hack, driven in any direction was $5. The penalty for a hackney coachman demanding more than the legal rates, is the forfeiture of his whole fare, and a fine of $10.

1795

A) The next bridge was built at Third Avenue by J.B. Coles, in 1795 to 1797. He was at first reimbursed by tolls collected from the passengers over it. This bridge remained in use until 1855 or 1858 when it was torn down to give place to the bridge which has just been removed. The latter was completed and opened to the public in 1867. It was very low, being only 13.2 feet in the clear above high water, with an opening on each side of the centre pier of 82 feet.

B) The Catharine ferry was first established in 1795. To distinguish it from the "Old" or Fulton ferry, it was called the "New Ferry," and ran from what was then called "New Ferry street," in Brooklyn, to the foot of Catharine street. This ferry was leased to Rodman Bowne, 1811, and continued to him and his brother by renewals until 1852, when the ferry was purchased by Cyrus P. Smith and William F. Buckley, who obtained a renewal of the lease for ten years (1853 to 1863).

1798

A) The first stage that ran merely on the island, was started, in the year 1798, by Barnard de Klyne. He ran from Wall Street To Greenwich or "the village" which was then separate from the settlements on the south part of the island.

B) As far back as 1798, Chancellor Robert R. Livingston had received from the Legislature, as the discoverer of the new power of steam navigation, the exclusive right to use this power in all the waters within the limits of the State for twenty years, provided that within twelve months he should produce a boat, the average speed of which should not be less than four miles an hour. This he failed to do; and the grant remained in abeyance until 1803, when having made the acquaintance of Robert Fulton, in France, and aided him in some encouraging experiments, he obtained a renewal of the monopoly for the twenty years ensuing, on the condition that he and Fulton, his partner in the grant, should fulfill the required conditions, within the space of two years. Fulton enjoyed his triumphs, reaching the place of his destination in thirty-two hours, and secured the monopoly of steam navigation over the waters of new York. The Nassau commenced running on May 10, 1814.

Source of Information: thehistorybox.com

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Sunday, November 15, 2009

Brusciano, Italy News/Events (10)

"Dalla nostra terra un giovane artista ha partecipato con successo alla kermesse di arti pittoriche “Muralespanso 2009” a Diamante in Calabria."

Dal 16 al 23 settembre scorso si è svolta, con ampia partecipazione di artisti e pubblico, la manifestazione “Muralespanso 2009” a Diamante in provincia di Cosenza. Ma da questa antica cittadina, meta di un consistente flusso turistico estivo, salutano il Tirreno sin dal 1981 i murales del Centro storico, promossi dal Sindaco di allora Evasio Pascale e dal Maestro Nani Mazzetti. Ora nell’allargata manifestazione a tutto il territorio cittadino con nuove realtà artistiche ospitate ha trovato un posto anche un giovane della nostra zona, Felice Minichino..

Dal folto gruppo di artigiani ed artisti che gravitano intorno alla fucina creativa dell’Associazione Giglio della Gioventù di Brusciano è emerso Felice Minichino 19 anni, di Mariglianella, diplomato al Liceo Artistico Statale di Napoli, con uno studio su “L’Urlo” del norvegese Evard Munch (Løten 1863- Ekely 1944).

Al giovane artista, affermatosi in Calabria con il murale “Sintesi d’Esperienza”, sono giunti i complimenti del Presidente del Consiglio Comunale di Brusciano, Antonio Di Palma e del Consigliere, Delegato alle Politiche Sociali, Nicola Di Maio. Felice Minichino, figlio d’arte, come ha raccontato al giornalista Antonio Castaldo, si sente più portato alla scultura, sull’esempio del papà Luigi originario di Castello di Cisterna, ma è stato notato, per la sua impronta figurativa.

“Ero presente alla manifestazione al seguito del mio docente del Liceo Statale di Napoli, prof. Gabriele Castaldo, come suo assistente -esordisce Minichino- nella Manifestazione Muralespanso 2009 e nel corso delle attività preparatorie mi ha avvicinato il curatore, maestro Gabriele Marino, che apprezzando il mio impegno creativo mi ha invitato a partecipare direttamente con una mia opera originale. Tempo tre giorni e sono riuscito ad ideare e realizzare la mia prima creatura pittorica in esposizione che ora si può vedere, non lontano dalla Stazione dei Carabinieri, a Diamante. Per questo –conclude Felice Minichino- ringrazio il mio professore, il curatore della rassegna, l’Assessore alla Cultura Battista Maulicino, il Sindaco e la Città di Diamante per l’accoglienza resa”. For more and the English Translation.

You can also visit directly the Brusciano, Italy News/Events Information Page at Italian Harlem


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U.S. History-Transportation (2)

Topic: New York City Area 1693- 1775

1693

The first bridge over the Harlem River was built under a franchise for 99 years, granted in June, 1693, to Fredryck Flypsen or Philipse, to build and maintain at his own expense a bridge over the Spuyten Duyvil Creek, and to collect certain "easy and reasonable tolls" from such passengers as might cross it. The bridge was to be twenty-four feet wide and provided with a draw of sufficient size to permit the passage of small craft. It was further stipulated that it should be free for the passage of the King's forces, and should be called King's Bridge. This bridge was built during the same year, a little to the east of the site of the present structure which bears the same name. It remained in the hands of Philipse's descendants down to Revolutionary times, when it was forfeited to the State on account of the adherence of the family to the English Crown.

1713

The South Ferry Stapleton (Staten island) run did not open until 1713, but there is a clear record of a rowboat service to New Jersey, soon to be supplanted by horsepower (using windlass and sweeps), that began in 1661, crossing the Hudson squarely at South Ferry.

1717

In 1717 two ferries were provided to run from the old Long island landing, viz., the Nassau Ferry, carrying cattle, goods and passengers to the above mentioned three New York slips, and the New York Ferry, carrying only goods and passengers to Hanover Square and Coentis Slip.

1728

In 1728 shipyards occupied the river front between Beekman Street and Catherine Street, then the northern limits of the city, and in 1740 there were three shipyards in the neighborhood of Dover Street, and this was called the "shipyards district."

1732

The first New York stage was started in the year 1732, to run between New York City and Boston. The journey took 14 days.

1774

In 1774 three ferries were established with landings in New York at Coentis Slip, Fly Market and Peck Slip. On the Long island shore were two landings provided, the one at the original landing place and another at the Red Mills, at the foot of later Atlantic Street.

1775

The Hoboken ferry was first opened with sailboats and rowboats in 1775, and was run with varying success by several owners until after the close of the Revolutionary War. John Stevens first came into possession of the lease of this ferry to Vesey street, New York, now Barclay street ferry in 1789, but retained it only for about two years. The lease of the ferry then passed to other hands, and in 1808, David Goodwin secured the lease of the ferry, and in 18111 John Stevens was the proprietor. He now built a steam ferry-boat, named the "Juliana," and this David Goodwin appears for a time to have had the control of the vessel while running on the ferry, though the lease was to John Stevens.

source: thehistorybox.com

To contact: miriam@thehistorybox.com
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Thursday, November 5, 2009

Habeas Corpus (6)

Habeas Corpus Ad Faciendum Et Recipiendum.

A writ by which a superior court commands an inferior court to produce the body of a defendant, together with the cause (whence the writ is also called a habeas corpus cum causa), or grounds of his being taken and held, there to do and receive whatsoever shall be adjudged of him in the superior court. The writ is sometimes used in the United States.

Habeas Corpus Ad Prosequendum.

A writ issued to remove a prisoner for trial in the jurisdiction where the act was committed.

Habeas Corpus Ad Respondendum.

A writ for bringing up a prisoner from a lower court to be charged with a new offense.

Habeas Corpus Ad Satisfaciendum.

A writ used to bring up a witness to a superior court to charge him with process of execution upon a judgment.

Habeas Corpus Ad Testificandum.

A writ used to bring a witness into court when he is in custody at the time of the trial. It directs the sheriff to have his body in court. The power to issue writs of habeas corpus ad testificandum in cases where it is necessary to bring prisoners into court to testify is vested in the Federal courts by the General Judiciary Act of 1789.

CONSULT: Church, Habeas Corpus, with Practice and Forms, containing an extended account of its history in the United States (2d ed., San Francisco, 1893); Spelling, A Treatise on Extraordinary Relief in Equity and Law; the commentaries of Kent, Story, Blackstone, and Stephen; Encyclopaedia of the Laws of England (London, 18978-98); Jenks, "The Story of the Habeas Corpus," 18 Law Quarterly Review, 64.

To contact: miriammedina@earthlink.net or miriam@thehistorybox.com
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Habeas Corpus (5)

The general function and purpose of the writ is to determine whether the person in whose behalf the writ is granted is detained or held in custody lawfully or unlawfully. The cases where the writ is used may be broadly classified as those where the person is detained without any legal process, and where he is held under some form of legal proceedings, which may or may not be lawful.

The first of these classes is exemplified where one parent seeks to obtain the custody of a child under the control and in the custody of the other parent or some other person, and for that purpose obtains a writ in behalf of the child, setting up the illegal confinement of the child. Here the merits of the whole case must be heard and determined in order to decide to whom the custody of the child lawfully belongs.

So, in the case of a person confined as an insane person, without legal process, the merits of the case must be heard and decided, both as to whether the person is insane, and if so whether the confinement is lawful. Where the confinement is under legal process, however, the purpose and function of the writ is to procure a hearing and determination as to the question whether the confining authority is lawfully exercising its jurisdiction or not. Mere irregularity does not necessarily deprive the court of jurisdiction; but when the irregularity is so material that no jurisdiction over the prisoner has been obtained for the purpose of confinement, then the prisoner will be discharged. In other words, generally speaking, the writ cannot be used to do away with the regular trial of an action, or to inquire into the merits of proceedings any further than this is necessary to determine the legality of the confinement complained of.

The procedure by which the writ is obtained, both at common law and under the various statutes regulating the subjects in some of the States, is by some form of a petition or motion signed by the party or some one in his behalf, setting up such facts as are necessary to make out a prima facie case. The person entitled to custody of one illegally detained by another, as a father deprived of his child, may himself apply for the writ. The courts of the Federal Government in the United States have the discretionary right to withhold it; but in some of the States the writ must be granted, as in England, upon a proper petition or motion.

The question as to when the Federal and when the State courts have authority in cases where their authorities clash with each other is determined by the general principles governing the conflict of laws between the two.

To be continued: Habeas Corpus (6)

Transcribed from The New International Encyclopedia: 1902-1905 Dodd, Mead and Company New York Total of 21 Volumes.

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Habeas Corpus (4)

In the United States the power of the Federal courts is purely statutory in origin. The original statute creating this power in them was the Judiciary Act of September 24, 1789, sec. 14 (1 Stat., L. 81), which provided "that writs of habeas corpus shall in no case extend to prisoners in gaol, unless they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify." The jurisdiction created by this act, it is now settled, is exclusive in the Federal court. Subsequent statutes have extended this jurisdiction to cases where the prisoner is in custody for an act done or omitted, in pursuance of a law or process of the United States (Rev. Stat., sec. 753), this being the general effect of the act of March 2, 1833 (4 Stat. at L., 634), commonly called the Force Bill; to cases where the prisoner is held in violation of the Constitution, or a statute, or treaty of the United States, whether in a State or Federal court (Rev. Stat., sec. 753); "to all cases of any prisoner in jail or confinement who are subjects of a foreign State, and domiciled therein, who are confined or in custody under or by any authority or law, or process founded thereon, of the United States, or of any of them, for or on account of any act done or omitted under any alleged right, title, or authority, privilege, protection, or exemption set up or claimed under the commission or order or sanction of any foreign State or sovereignty, the validity and effect whereof depends upon the law of nations, or under color thereof" (act of August 29, 1842, 5 Stat. at L., 539; Rev. Stat., sec. 753).

The provisions do not grant to the Federal courts the authority by habeas corpus to discharge a prisoner from the custody of the State courts or officers where the prisoner is within the jurisdiction of the State authority by which he is imprisoned, merely because rights are involved which arise under the laws of the United States, since where there is a proper jurisdiction the State courts are equally bound with those of the Federal Government, and are equally supposed, to support and give effect to the Federal laws, and any erroneous rulling in this respect would involve an error of law, which could be remedied by a proper appeal to the Federal courts. But where the denial of right by the State court involves not only an error of law, but such a refusal as places the court in a position of acting without jurisdiction, as in acting under an unconstitutional State law, a basis is laid for the remedy of a habeas corpus from the Federal court. This power of the Federal courts to grant the writ under the special grounds mentioned above is discretionary, and the writ is frequently refused in cases where the granting of it would tend to subvert the ordinary course of justice in the State courts.

To be continued: Habeas Corpus (5)

Transcribed from The New International Encyclopedia: 1902-1905 Dodd, Mead and Company New York. Total of 21 Volumes.

To contact: miriammedina@earthlink.net or miriam@thehistorybox.com
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Habeas Corpus (3)

This act was gravely defective in restricting, or not extending, the right to habeas corpus to cases other than those of persons arrested on criminal charges. This defect was not remedied until 1816, when an act (56 George III., ch. 100) was passed providing that the writ should be granted in other than criminal cases; that though the return might be good on the face of it, if the facts on which it was made appeared doubtful, the prisoner should be admitted to bail; and that the writ should run to harbors and roads on the coast, although not within any county.

In 1861 it was decided that the writ ran throughout the British Empire, and the act 25 and 26 Vict., ch. 20, was passed restricting the jurisdiction so that the writ should not run from the English court into those colonies or dominions where the granting of the writ by a local court had been provided for.

In the United States the right to the benefit of the writ of habeas corpus was always claimed by the English colonies in America, and was enjoyed by them except in cases of arbitrary oppression. An instance of its early use occurs in New York in 1707, in procuring the release of ministers arrested by an illegal warrant issued by the Governor, Cornbury. In New Jersey in 1710 the Legislature denounced a judge who had violated the "undoubted right" of a colonist by refusing the writ to him. In 1692 the South Carolina Assembly adopted the act 31 Charles II., and during the reign of Anne the act was expressly extended to Virginia. Maryland, in 1725 claimed the benefit of the writ as a "birthright of the inhabitants," independently of the royal favor. But, although the colonial charters generally contained express provisions that the colonists should have all the privileges and immunities of natural-born British subjects, no express mention, seems to have been made in them of this particular writ. It was rather taken for granted as belonging of right to every British subject and when the colonies separated from the mother country, the right of habeas corpus became a part of the general common law of the States, derived by them from the laws existing while they were still colonies. (See COMMON LAW.) The Constitution (Art. 1, sec. 9, subdiv.2) provides that "the privileges of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it." The constitutions of most of the States contain provisions of a similar effect; and in Virginia, Vermont, Louisiana, and North Carolina the suspension of the writ in any case is forbidden. The Constitution of Maryland, however, does not mention the writ. Several of the States provide in their constitutions for suspensions, as in Massachusetts for twelve months, New Hampshire three months, Florida in case of insurrection or rebellion, etc.

President Lincoln suspended the privilege of the writ in 1861 by proclamation, but it was decided by Chief Justice Taney, in the Circuit Court of Maryland, that Congress alone possessed the right to suspend the writ; and this seems to be the better opinion, although the right of the President was supported by authorities at the time. Later, in March, 1863, Congress passed a bill authorizing the President to suspend the privilege of the writ; but in cases arising under the exercise of this authority it was held that the suspension of the privilege did not suspend the issuance of the writ, but that the return was to be the means of suspending its further operation. Neither does the suspension of the privilege of the writ deprive an unlawfully arrested or imprisoned person of his action of damages, nor protect the wrong-doer from criminal prosecution. None of the States have suspended the privileges of the writ except Massachusetts, where the privilege of the writ was suspended from November, 1786, to July, 1787, on the occasion of Shays's Rebellion. In England, as noted above, the King's Court, or Court of King's Bench, and the Court of Chancery were the ordinary courts from which this writ was issuable; but it could be issued by the Court of Common Pleas and by the Court of Exchequer, at least in case of persons privileged in those courts. The Habeas Corpus Act (31 Charles II., ch. 2) and other later acts prescribed the courts which could issue the writ, extending the jurisdiction so that it is always possible to obtain the writ in vacation as well as in term time.

To be continued: Habeas Corpus (4)

Transcribed information from : The New International Encyclopaedia: 1902-1905 Dodd, Mead and Company New York Total of 21 Volumes.

To contact: miriammedina@earthlink.net or miriam@thehistorybox.com
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