Thursday, October 30, 2008

Timetables (4)

Topic: Building The Armed Forces

Having themselves been subjects of British colonial rule, the framers of the U.S. Constitution sought to disperse military power, giving Congress the power to declare war and making the president the commander-in-chief of the armed forces. As a result, two forces have continuously shaped U.S. military establishment: the need to build and maintain a professional army countered by an equally strong push to keep the military under civilian control.

1774 The First Continental Congress urges the people to arm and form their own militias.

1775 The Second Continental Congress resolves to raise six companies of riflemen, appoints a committee to establish rules for the army, and elects George Washington to be conmmander in chief.

1783 The Confederation Congress discharges the troops in the Continental Army, and George Washington resigns his commission.

1784 The Confederation Congress authorizes a small force that is the nucleus of the institution maintained by government under the Constitution (1789).

1789. Congress's power to "raise and support armies" is established in the Constitution. The War Department is established, with Henry Knox named its first secretary.

1791 The Second Amendment accepts the idea of compulsory military service that is the legacy of the individual colonial militias.

1791-1898 Even though a small standing army of "regulars" is maintained, the United States primarily draws on volunteers and state militias throughout this period. Volunteer militias provide the primary source of manpower in the Indian wars, the Mexican War, and the Spanish-American War. They are the basis of both the Union and the Confederate armies.

1798 The Navy Department is established, with Benjamin Stoddert named its first secretary.

The U.S. Marine Corps is established under control of the secretary of the navy. Marines have participated in all U.S. wars, and their specialized training has made them experts not only in amphibious landings but in counterinsurgency and guerrilla warfare. Today they are self-sufficient units, with their own tanks, armor, artillery, and air forces.

1802 The United States Military Academy at West Point, New York, is founded to train professional army officers.

1845 The United States Naval Academy is founded at Annapolis, Maryland, to train professional naval officers. (31)

Sources Utilized to Document Information


Monday, October 27, 2008

Jewish Knowledge (5)

Topic: Jewish Tid-Bits Manhattan #3

The Jewish Messenger was initiated in 1857 as a project of the students of the Rev. Samuel M. Isaacs, minister of Shaarey Tefilah. From a student project, the Messenger grew into a major organ for Orthodox Judaism in the East. In 1859, the Rev. Mr. Bondy of Anshe Chesed began the publication of The Hebrew Leader. Between 1885 and 1900, almost 100 Yiddish journals were born. By 1914, the largest of the Yiddish newspapers, the Jewish Daily Forward, under the editorship of Abraham Cahan, reached a circulation of 200,000.

When the Russian pogroms sent a flood of immigrants to these shores, the Jewish community of New York was transformed. Between 1881 and 1910, 1,562,000 Jews came to America. Most of the immigrants settled on the Lower East Side. While many of them peddled or went to work in factories manufacturing cigars, leather, metal goods and other articles, most of them went into the expanding needle trades. This was the classical sweatshop-and-tenement era, when workers labored long hours for little wages.

Orthodox Judaism flourished in New York City, although the first Russian Orthodox synagogue, the Congregation Beth Hamedrash Hagodol, had been organized as early as 1852. The heder, Talmud Torah, and yeshiva became the vogue. In 1888 about 15 of the major Orthodox congregations in the city joined in a Federation of Congregations, and brought over Rabbi Jacob Joseph as their chief rabbi. The chief financial support of the federation was to come from a tax on kosher meat. The federation soon disbanded, however, and other attempts at a kehillah (city-wide community) also failed.

The new immigration creted the need for such institutions as the Hebrew Sheltering and Immigrant Aid Society, the Baron de Hirsch Fund, the Hebrew Technical School for Girls and the Hebrew Technical Institute for Boys, Beth Israel Hospital, the Educational Alliance, Henry Street Settlement, and scores of congregational sisterhoods and other organizations. To protect the rights of Jews wherever they lived, the American jewish Committee was organized.

With the coming of World War I, immigration was reduced drastically; it was slowed to a trickle by the Johnson-Lodge Bill of 1924. Not until the nightmarish Hitlerian era was there another mass migration of Jews to these shores, though in comparatively small numbers. (22)

Photo Credit: Immigrants Coming To The Land of Promise-Library of Congress Prints and Photographs Division, Washington, D.C. 20540 LC-USZ62-7307

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Jewish Knowledge (1)

Topic: Jewish Knowledge A-Z #1


Observed as a strict fast, lasting 24 hours. Commemorates the fall of the First and Second Temples. Is also the anniversary of the Fall of Bettir in 135 ending the Bar Kokba war, and of the explusion of the Jews from Spain. It is the great day of mourning in the Jewish calendar. The special ritual is keyed to sorrow, being largely the recital of the Book of Lamentations, the Kinoth or Dirges relating Jewish martyrdom, and Judah Halevi's Zionide. Among the Ashkenazim this sense of mourning is emphasized by worshippers sitting on the floor, removing the curtain from the Ark, and by visitng cemeteries on that day. The Sephardic service is similar except that the Ark is covered with a black curtain, and the reader records the number of the years "of the exile." This fast is regarded as one of the observances to be abolished at the Restoration. It was therefore one of the fasts that Shabbethai Zebi, as evidence of his Messiahship, ordered abolished. Reform Jews no longer observe this fast.


Ritual purification by washing. Required by Jewish law after rising from sleep, prior to praying and eating, before entering a holy place. Priests were commanded to wash their hands and feet before entering the sanctuary (Ex. xxx. 19). The washing of the whole body is most frequently directed in Scripture. Of the many ablutions that formed part of the ancient ritual, the washing before eating, the washing of the priests before the recital of the Blessing of the Kohanim, the immersion of females after menstruation, washing the dead, etc., still survive as orthodox practices.


"Divine Service", originally the sacrificial ritual of the Temple. The Term is now usually applied to the special feature in the Additional Service of the Day of Atonement which recites the Temple ritual according to Leviticus xvi and the details in the Mishnah. The only service in which Jews prostrate themselves. The recital is the most picturesque in language and melody of the Atonement service. The history of the traditional melody is not known. The service is well expressed by Solomon Ibn Gabirol in his poem "Happy who saw of old." The following stanza expresses the central theme of the Abodah:

Happy he who saw the crowd, That in adoration bowed
As they heard the priest proclaim: "One, Ineffable, the Name,"
And they answered, "Blessed be God the Lord Eternally,
He whom all created worlds extol." Happy he whose eyes
Saw at last the clouds of glory rise, But to hear it afficts our soul.
___Alice Lucas, translation.


Popular hymn, chanted during the Passover Seder service. It was introduced about the end of the 15th cent. Its tune is a 17th cent. composition.


The most familiar hymn in the Jewish liturgy, and used in all rituals. It is a metrical hymn, 10 lines in length in the Ashkenazi version, 12 in the Sephardic, and in some rituals 16 lines. It glorifies the supremacy of God. Though it has been credited to Solomon Ibn Gabirol its author is unknown, but it is presumed to have been composed in the 12th cent., and was inserted in the liturgies of the 15th cent. The following, by Jessie E. Sampter is a good paraphrase of the first stanza:

The everlasting Lord who reigned, Ere yet was formed or shape or thing,
When all was made as he decreed, Was even then acknowledged King. (22)

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Saturday, October 18, 2008

Table Of Contents : Mimi Speaks Blog

There are many people who love to read blogs, but just don't have the time to waste, or are in the mood to go through it's entire contents trying to find something that may be of interest to them. Usually when people approach a blog, they like to go quickly from one thing to the next. As for actually reading the text, there is little evidence of that unless the subject matter should catch their eye, then it becomes worthwhile.

Since my blog was started in 2007, there have been postings of 201 tid-bits of information, which talk about history, life situations, goals and success. So my dear reader, for your benefit, I am making every attempt to improve the navigation to this treasure trove of information as quickly as possible. For this purpose I have created a table of contents divided by categories, for easy accessing. However if there is something that may catch your eye, I suggest you find yourself a comfortable chair, and while you're at it, grab a steaming hot cup of coffee and a bagel with cream cheese and you'll be all set to settle down for a while. So happy reading.


(A. ) Getting To Know Mimi (B.) N.Y.C. History (C.) East Harlem
(D.) Spanish Harlem (E.) Black Harlem (F.) New York State (G.) Urban/Suburban Living Issues

Table of Contents (3)
(H.) Chit-Chat Over Coffee Swirls

Table of Contents (4)
(I.) Jewish Knowledge (J.) Self-Improvement (K.) Historical Facts On England & United States

Table of Contents (5)
(L.) Miscellaneous (M.) Timetables (N.) Ethnic Groups (O.) Legal Talk
(P.) Entertainment: Backward Glances (Q.) Immigration

Table of Contents (6)
(R.) Women__Bio Sketches, Feminine Fancies, Recipes, Kitchen Talk.
(S.) Worship

Table of Contents (7)
(T.) A Little Taste of History, (U.) U.S. History-Transportation, (V) U.S. History-Panics, Economic Depressions

Table of Contents (8)
(W) ¿Habla EspaƱol?



Legal Talk (3)

Topic: Understanding Legal Terms Pre: 1901 #3


A process by which chattels, rights, or credits belonging to the defendant in an action, but which are in the possession of a third person, are seized and applied to the plaintiff's claim. The peculiarity of the process is indicated by the etymology of the term; garnishment meaning a warning or notice given to the third person not to pay money or turn over property to the defendant. It has been called an equitable attachment of the claims or assets of a defendant in the hands of a third person. It is not a common-law process, and is regulated by statute in the States where it exists. Such statutes are, as a rule, strictly construed, and their requirements must be fully and fairly complied with by a plaintiff who would take advantage of them. It is held that only such property in the hands of the third party, the garnishee is liable to this process as is not encumbered with trusts, and such as may be handed over or paid by the officer executing the process, under the order of the court and free from encumbrances, which can be properly determined and adjusted only by equity tribunals. Garnishment proceedings reach only such debts as are owing to the defendant at the time the process is served. A judgment obtained in a Federal court cannot be garnisheed in an action in a State court. Such garnishment would operate to oust the Federal court of its proper control over its own judgments. Debts owing by a public corporation to the defendant are not garnishable. If they were, municipal authorities might be compelled to occupy their time over contests in which the public had no interest. It may be laid down as a general rule that a person deriving his authority from the law to receive and hold property cannot be garnisheed for the same while holding it in that capacity.

As soon as the process of garnishment is duly served, the garnishee holds the property as a stakeholder or trustee. Accordingly, garnishment is known in some States as 'trustee process.' Consult Rood, Garnishment (1896), and the authorities referred to under Attachment.

In Personam

In the classification of legal rights, a right in personam is one available against a particular person as distinguished from one maintainable against the whole world, known as a right in rem. Rights in personam arise out of specific engagements entered into by individuals or out of duties imposed on individuals by the policy of the law. They thus comprehend all contract rights, the rights that arise out of the domestic relations or out of fiduciary or official position. Thus, the right tot he performance of a contract, the right of a husband to the society of his wife, the right of a beneficiary against a trustee, in each case asserted against a determinate person, are all rights in personam. But by far the largest class of these rights is that which springs from the violation of other rights, whether rights in rem or in personam. A right once violated whether a right of property by a trespass, or the right of personal security by an assault, or a contract right by a breach of contract a right of action arises, and this right of action, being limited to the person or persons committing the act complained of is necessarily a right in personam.

The expression in personam is also commonly employed to describe the action instituted for the violation of any right, whether in rem or in personam. Wherever an action is brought against an individual, whether for damages or for the restitution of money or specific property, it is properly described, as an action in personam. The action in rem is in our law limited to a narrow range of cases. The phrase in personam is also employed in a narrower sense to describe the mode in which a legal obligation is enforced against an individual. The courts of chancery are said to act in personam, i.e. by ordering a person to do or to refrain from doing a certain thing, while courts of law, whose function is not to command, but to adjudicate controversies, are said to act in rem.


Women (3)

Topic: Distinguished Women of New York State #3

Lewis, Edmonia

(1845---). An American sculptor. She was born in New York, July 4, 1845, of negro and Indian parentage. She received little instruction in sculpture, but attracted attention by exhibiting a bust of Colonel Shaw at Boston in 1865. In the same year she went to Rome to study, and after 1867 made her residence there. Among her works are the "Freedwoman;" "Death of Cleopatra," exhibited at the Centennial Exhibition (1876); "Asleep;" "Marriage of Hiawatha;" "Madonna with the Infant Christ." Among her portrait busts in terra-cotta are those of Longfellow, Charles Sumner, John Brown, and Abraham Lincoln, in the Library of San Jose, Cal. Her work is mostly in Europe.

McIntosh, Maria Jane

(1803-78). An American author, born in Georgia. She removed to New York City, and having lost her fortune in the panic of 1837, undertook authorship as a means of support by publishing in 1841, under the pseudonym "Aunt Kitty," a juvenile story, Blind Alice. This was followed by other tales, all republished in London. Subsequent works, written for adults, were Two Lives, or to Seem and to Be (1846) ; Charms and Counter Charms (1848); The Lofty and the Lowly (1852), a story of plantation life; Metta Gray (1858); Two pictures (1863).

Stanton, Elizabeth Cady

An American reformer and promoter of the woman's rights movement born at Johnstown, N.Y. She was educated at Johnstown and at Troy, N.Y., and married Henry B. Stanton (q.v.), the anti-slavery reformer. She became interested in the anti-slavery and other reform movements at an early age, and through acquaintance with Lucretia Mott (q.v.) was led to sign the call for the first woman's rights convention, which was held in Seneca Falls, N.Y., in July, 1848. This convention made the first formal demand for the extension of the suffrage to women, and of the National Woman's Suffrage Association there formed Mrs. Stanton became the first president, retaining that office until 1893. From 1848 she devoted a greater part of her time to traveling from State to State, addressing political conventions, State Legislatures, and educational bodies in behalf of woman's rights. In 1868 she was a candidate for Congress. She was connected editorially with various reform periodicals, was a frequent contributor to magazines, and was joint author of A History of Woman's Suffrage (3 vols., 1880-86). Eighty Years and More, an autobiography, was published in 1895.

Thursby, Emma

(1857---). An American singer, born in Brooklyn, N.Y. She studied under Julius Meyer and Erani, and sang in the Plymouth Church choir, Brooklyn, 1870, after which she went to Italy to study in 1873, and returned to complete her musical education under Erani and Mme. Ruderstdorf. She made a successful tour of the United States and Canada (1875), and was warmly received in England and France (1878-79), afterwards being engaged by Maurice Strakosch as prima Donna of his company (1880). A subsequent tour of the United States with Theodore Thomas was especially successful, and she frequently appeared in concert with Annie Louise Cary (q.v.). Her concerts in Europe were noteworthy, and gave her high rank as a concert singer.

Willard, Emma C.

(1787-1870). A pioneer in the field of higher education for women, born at Berlin, Conn. In 1803 she became a teacher in the village school; three years later she received a position in an academy at Westfield, Conn., but after a few weeks became principal of an academy for girls at Middlebury, Vt. In 1809 she married Dr. John Willard. In the same year she established at Middlebury a girl's boarding-school with improved methods of teaching. Five years later she submitted to Governor Clinton of New York a manuscript entitled "A Plan for Improving Female Education. The ideas she advanced met with favor, and in 1821 she was able to establish at Waterford, N.Y., a girls' seminary, partly supported by the State. Two years later she removed the school to Troy, where it acquired a wide reputation.

Her husband died in 1825, but she continued to manage the institution until 1838, when she placed it in the hands of her son. In 1830 she made a tour in Europe, and three years later published Journal and Letters from France and Great Britain. The proceeds from the sale of the book she gave to a school for women that she had helped to found in Athens, Greece. In 1838 she married Dr. Christopher C. Yates, but was divorced from him in 1843. Among her other published works are: The Woodbridge and Willard Geographies and Atlases (1823); History of the United States (1828); Universal History in Perspective (1883); Treatise on the Circulation of the Blood (1846); and Last Leaves of American History (1849). In 1830 she also published a book of poems, of which the best known is Rocked in the Cradle of the Deep. Her Life was written by John Lord (New York, 1873). In recognition of her services to the cause of higher education for women a statue was unveiled in her honor at Troy in 1895. (14)

Sources Utilized to Document Information


Women (1)

Topic: Distinguished Women of New York State #1

Beers, Ethel Lynn

(1827-79). An American poet, born at Goshen, N.Y. Her earlier writings appeared under the name of Ethel Lynn, derived from her baptismal name, Ethelinda. By birth an Eliot, descendant of the famous New England Apostle to the Indians, she married William H. Beers, and afterwards used her full name. She is best known for the war lyric, All Quiet Along the Potomac, which appeared in Harper's Weekly in 1861. The authorship of this popular poem was soon claimed for others, especially for a Southerner; but Mrs. Beer's claim to it is indisputable. Her verses were collected just at the time of her death in a volume entitled All Quiet Along the Potomac, and Other Poems (1879).

Bloomer, Amelia Jenks

An American reformer. She was born in Homer, N.Y., and for several years lectured and wrote on the temperance question. She was a prominent advocate of woman's suffrage, but is remembered chiefly for her enthusiastic adoption of the so-called "bloomer" costume, originally devised and introduced by Mrs. Elizabeth Smith.

De Lussan, Zelie

(1863---). An American dramatic soprano, born in New York of French parents. Her mother was a brilliant vocalist, and the daughter early began the study of music, making her first public appearance when nine years old. She sang at Wagner festivals, then joined the Boston Ideal Opera Company and made her operatic debut in 1886 as Arlene in Balfe's Bohemian Girl. In 1889 she went to London, where she was enthusiastically received, and joined the Carl Rosa opera troupe. In 1894 she appeared at the Metropolitan Opera House, New York; in 1895 and 1896 she sang in Spain, Portugal, and France: in 1897 and 1899 she again visited the United States, and in 1902 made a concert tour of that country. Her most successful roles include; Carmen (rendered over 600 times) ; Mignon ; Musette, in La Boheme ; Zerlina, in Don Giovanni; Marie, in La fille du regiment; and marguerite, in Berlioz's Damnation de Faust.

Gould, Helen Miller

(1868---). An American philanthropist, born in New York City, the eldest daughter of Jay Gould. At the commencement of the Spanish-American War she presented $100,000 to the United States Government, and during the war, as a member of the Women's National War Relief Association, was prominently active. She gave $50,000 for necessary supplies for the care of soldiers in hospitals, and at Camp Wyckoff, near Montauk Point, Long Island, did personal work in that connection. Her benefactions to New York University have also been notable, and include the library building of the university, with its well known "Hall of Fame." She has also given largely to Rutgers College, and at a cost of $50,000 built and equipped the Sailors' Young Men's Christian Association Building In Brooklyn. (New York City). (14)

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Monday, October 13, 2008

Worship (3)

Topic: Episcopal Churches in New York City #2

Christ's Church

This church was founded in the year 1794, and was the second Episcopal Church organized in this city, Trinity Church, with its chapels, St. George's and St. Paul's, only preceding it. An edifice was erected of stone, sixty feet wide, and eighty deep, standing on Ann Street, a few doors cast of Nassau street, where a considerable congregation assembled, and in about ten years they numbered three hundred in communion. The Rev. Joseph Pillmore, D.D., was Rector of the church from its commencement to the year 1805, when he resigned the charge and removed to Philadelphia, and was succeeded by the Rev. Thomas Lyell. For eighteen years the church remained in Ann street, with a usual measure of success, but in March, 1823, they removed to a new edifice erected in Anthony street, a little west of Broadway. Here they have remained. The Rev. Dr. Lyell is still the Rector, now in the 41st year of his ministry, in this church, and the oldest pastor in the city, but has had in the time several assistants. This church has been generally prosperous, and has been favored with some seasons of special religious interest. In the years 1829, 1830, and 1831, many were hopefully converted. Seventy persons were added to the communion in 1829, and sixty were added in 1831.

"Christ's Church in Ann Street."

As stated above, Christ's Church, under the pastoral charge of Dr. Lyell, left Ann Street in March, 1823, and occupied the new church edifice in Anthony street. A part of the people, however, remained behind, occupying the old house of worship, and shortly after they were organized as a church, and the Rev. John Sellon, who purchased the church edifice, was instituted as Rector. A considerable congregation assembled here, and 120 members were enrolled in communion. But at about the close of 1825, Mr. Sellon resigned the charge, and the church was soon scattered., The house was afterwards sold to the Roman Catholics, and after being occupied by them for a few years was consumed by fire.

French Church, Du St. Esprit

The edict of Nantz, given by Henry Iv, of France in the year 1598, having been revoked by Louis XIV, on Oct. 22d, 1685, the Huguenots were obliged to leave their country, and fled to Holland, Switzerland, England, and America. Large numbers of them came to New York about that time, and soon commenced meeting for worship in private houses. But their numbers increasing very fast, they organized themselves, and began to collect funds to build a house of worship. This was accomplished in 1704. An edifice was erected, measuring 50 feet by 77, fronting on Pine street, opposite the Custom House, the burial ground in the rear running through to Cedar street.

The congregation continued to assemble on this spot for 130 years. In 1834, they sold their property on Pine street, and erected an elegant building of white marble, on Franklin street, corner of Church street, at a cost of $60,000.

Fourteen ministers have officiated in this Church since its establishment, most of them, however, for short terms of time. The present pastor of this church is the Rev. Antoine Verren, who commenced his labors in the year 1828, succeeding the Rev. Mr. Penneveyre. The present number of communicants is about 100. The service is conducted in the French language. This Church was organized according to the doctrine and discipline of the Reformed Churches of France and Geneva, and so continued until the year 1804, when it was agreed by the pastor and people to adopt the forms of the Episcopal Church. This was done, and since that time they have been in connection with the Episcopal Church in this city. (30)

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Legal Talk (2)

Topic: Understanding Legal Terms Pre: 1901 #2


The termination of an action by entry of judgment against the plaintiff upon his failure to appear or prosecute the action, or because of his inability to sustain his case at the trial, in consequence of which the action is ended without a determination of the merits. Under the early system of common-law practice a nonsuit was entered only on motion of the defendant when the plaintiff was in default in prosecuting his action, and if the latter wished to end the suit, he was obliged to resort to the procedure known as nolle prosequi or retraxit. However, in modern common-law procedure, a plaintiff is sometimes allowed to end his action by nonsuit, in the discretion of the court, and usually upon payment of costs. Under the various codes of procedure at the present time, the same result is effected by a discontinuance. Where the plaintiff fails to introduce sufficient evidence to make out a prima facie case, in many jurisdictions a nonsuit may be ordered by the court before the defendant has introduced any testimony whatever. But where the plaintiff does make out a prima facie case, even though the defendant's evidence appears to the court to disprove conclusively the truth of the testimony introduced by the plaintiff, the court cannot allow a nonsuit, against the objection of the plaintiff, as the latter is entitled to have the facts of his case determined by a jury.

A nonsuit differs from a 'dismissal" of the complaint or declaration, only in that the latter is a broader tem and may involve a determination of the merits of the action. A direction of verdict is also distinguishable from a nonsuit because it involves the merits of the controversy. It is, therefore, important whether an action is terminated by dismissal on the merits, verdict, or direction of verdict, in which cases the party against whom the court decides must appeal if he thinks the judgment erroneous; or whether a nonsuit is entered, as in the latter case the plaintiff can immediately commence a new action on the same state of facts.

MARSHALLING (of assets, securities, liens).

The act of directing the application or distribution of assets, securities, liens, etc., so that the rights of creditors, lienors, and others having rights in the same fund or funds or other property are protected according to the equities of the different parties in interest. The principle upon which this is done is the equitable rule that a party who is entitled to satisfaction or security out of one or more of several funds or properties which must be looked to by others for their satisfaction or security shall not be allowed to elect to satisfy or secure himself so as to exclude another who is entitled to resort to only one of the funds, when the first party can otherwise sufficiently protect himself. This rule is applied where A has a mortgage on two pieces of property, one of which is also subject to a subordinate mortgage to another party. In that case A, in the event of foreclosure, will be compelled to first exhaust that parcel of land which is otherwise unencumbered in order that the security of the other party may not be entirely destroyed; or A may be allowed to foreclose the doubly encumbered piece upon condition that he subrogate the other party to his rights in the other piece. The more common applications of the rule are to foreclosures, the settlement of decedents' estates, and the distribution of assets of insolvents or bankrupts.


An invalid or illegal trial of an action, the result of which is without legal effect on the cause of action, and which leaves the parties in the same position as if there had been no attempt to try the case. Where the prosecution of a person charged with a crime results in a mistrial, the accused may be again tried, and cannot plead the constitutional defense that he has been twice in jeopardy, as that can be true only where the proceedings against him are valid and legal. (14)

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Legal Talk (1)

Topic: Understanding Legal Terms Pre: 1901 #1


A term which, in its broadest sense, includes every lawful proceeding in a court of justice for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense. Formerly the term was confined, in English law, to an ordinary proceeding in a common law court, while the word suit was applied to a proceeding in equity. By the reformed procedure in many of our States, all distinction between actions at common law and suits in equity, as well as between the different forms of common law actions, have been abolished, and only a single civil action is recognized.

If the prosecution is not instituted and carried on by one party against another, it is denominated by some statutes a special proceeding. The earliest classification of common law actions was: (1) real actions, or those based on the plaintiff's right of property in specified lands, so called because the res, or property itself, was sought to be recovered; (2) mixed actions, such as those for partition of lands for ejectment or for waste; (3) personal actions, or those against a particular person for a money judgment. The distinction between real and personal actions is the foundation of the classification of property as real and personal. This third class was subdivided into actions ex contractu, such as debt and covenant and actions ex delicto, such as trespass and detinue. Again, actions are divided into local and transitory, according as they must be brought in a certain county or state, or as they may be brought wherever the defendant is found. An action for trespass to land is local, and it must be brought in the State where the land is situated; while an action for slander of title to that land is transitory. The action of account at common law was used much earlier than, and is distinct from, the action upon an account stated, which came into the law as a common count. The action of account would lie at common law, and by early English statute against one acting in a fiduciary capacity other than a trustee, or against one whose duty it was to render an account to the plaintiff, to compel the defendant to render an account and to pay the amount due on such accounting.

Forcible Entry and Detainer.

The taking or keeping possession of real property through threats or force, with no authority of law. To make such forcible entry there must be such acts of violence, menaces, or gestures as may give reason to anticipate personal injury or danger in making a defense. But the force must be more than is implied in mere trespass.

There are in most of the States statutes regulating proceedings in cases of forcible entry, directing the manner of proceeding for the restoration of property unlawfully withheld and the punishment of the offender. The plea of ownership is not a justification of the defendant, for no one may enter even upon his own property in any other than a peaceable manner. Nor can he be excused on the plea that he entered to enforce a lawful claim or make a distress, nor on the plea that possession was finally obtained by entreaty. The policy of this legislation is to prevent the disturbance of the public peace, and to compel disputants to settle their controversy in a court of justice.

Originally by the common law of England the right of entry upon land of which one had been unlawfully deprived might be exercised by force or threats, if necessary. But by a series of early statutes, the first of which dates back to the time of Richard II., this remedy was limited to an entry "in a peaceable and easy manner, and not with force or strong hand." (14)

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Timetables (3)

Topic: The Spanish American War

1895-1898 The drift toward war begins when Cuba revolts against Spain's dictatorial colonial policy and the United States once again casts a longing gaze on the "Pearl of Antillies." U.S. tabloids, especially those of William Randolph Hearst, inflame public opinion by describing the unsanitary Cuban concentration camps, in which about 100,000 Cubans die. Some Americans want to "rescue" Cuba.

1898 On February 9 Hearst publishes an inflammatory private letter in which Dupuyde Lome, Spanish minister to Washington, refers to President William McKinley as "weak" and a "would-be politician."

On February 15 the U.S. battleship Maine explodes in Havana harbor, killing 260 Americans. Although a mine is blamed, the Maine actually suffered an internal explosion. "Remember the Maine and to hell with Spain"becomes the slogan of the hour.

In April, McKinley asks for war, and Congress complies, although the Teller Amendment asserts that the United States does not seek to annex Cuba.

In the Pacific, the U.S. fleet of modern, steel battleships, under Commodore George Dewey, destroys the outdated Spanish fleet in the Manila harbor in the Philippines in May. In Cuba the Spanish fleet is blockaded in the Santiago harbor.

The Rough Riders, led by Theodore Roosevelt and Leonard Wood, are victorious at San Juan Hill on July 1. Black troops make a significant contribution.

On July 3, in a battle at Santiago Bay, the Spanish fleet is destroyed.

U.S. troops seize Spanish Guam and unclaimed Wake Island, thus achieving a much desired foothold in the Pacific that will facilitate commercial expansion after the war.

Commodore Dewey's forces in the Philippines take the city of manila on August 13.

The Treaty of Paris is signed on September 10. Cuba is independent. Spain cedes Puerto Rico, Guam, and the Philippines to the United States. (31)

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Friday, October 10, 2008

Worship (2)

Topic: Episcopal Churches in NYC #1

St. Paul's Chapel

In all the ancient churches in New York city, the plan of a collegiate charge seems to have obtained. We shall not undertake, in this place, to discuss the wisdom or the expediency of the arrangement. It may suffice to say, that the plan has been abandoned altogether by the Presbyterians, and partially by the other denominations. The ancient Episcopal Church, in New York city, was established on this plan; Trinity Church was considered the parish church, and had as a collegiate charge, St. George's, St. Paul's, and St. John's, which were called "Chapels." St. George's is now a distinct charge, but the other two are still collegiate.

St. Paul's Chapel near the Park, between Fulton and Vesey streets was erected and first opened for worship, October 30th, 1766. It is a fine structure, of a reddish grey stone, 113 feet long, and 73 feet wide. Continuing a collegiate charge with Trinity Church, its ecclesiastical affairs are consequently merged in that.

St. John's Chapel

This is an elegant stone structure, 111 feet long, and 73 feet wide, situated on Varick street, fronting Hudson's square, more recently known as "St. John's Park." It was built in 1807, at the cost of more than $200,000. This, like St. Paul's, continues as a chapel of Trinity Church, and therefore needs no separatic ecclesiastical notice.

The following list exhibits the names of the regular rectors of Trinity Church, from its commencement to this time; with the dates of their accession, and dismission or death, viz.:

Rev. William Vesey,...........from 1696, to ......1746.
Rev. Henry Barclay...........from 1746, to.......1764.
Rev. Sam'l Auchmutv.........from 1764, to.......1777.
Rev. Charles Inglis............from 1777, to.......1783.
Rev. Samuel Provoost........from 1783, to.......1800.
Rev. Benjamin Moore.........from 1800, to.......1816.
Rev. Jno. Henry Hobart......from 1816, to.......1830.
Rev. Wm. Berrian.............from 1830, to this time.

St. George's Church

As early as 1748, the increasing population of the city rendered it expedient to erect a church edifice, on what was then called "Chapel Hill," from that circumstance, and the street "Chapel street," now Beekman street, at the corner of Cliff street, then called "Van Cliff's street." This was called "St. George's Chapel," and was a part of the collegiate charge of Trinity Church. The edifice was completed, and opened for worship, July 1st, 1752. It was a noble structure for the day in which it was built, being 104 feet long, and 72 feet wide, with a tall pointed spire, and was considered a great ornament to that part of the city. Thus it stood for more than sixty years, when, in 1814, it was burnt out, leaving the walls of stone standing. It was rebuilt in its present form, with the same walls, in the following year, being again opened, November 7th, 1815. It was separated from Trinity Church, and became a distinct charge, in the autumn of the year 1811. The Rev. John Brady officiated in this church for a little more than a year after the separation from Trinity, and in 1813, the Rev. John Brady officiated in this church for a little more than a year after the separation from Trinity, and in 1813, the Rev. John Kewley, D.D., was duly installed as rector, and the Rev. Mr. Brady as assistant. But their ministry was of short duration, as they both resigned the charge in the year 1816. In the same year the Rev. James Milnor became rector of the church, and continued to labor, faithfully and with increasing usefulness, until his death, which took place with scarce a moment's warning, on April 8th, 1845. The ministry of Dr. Milnor was greatly blessed to this church; and his memory will long be cherished, not only by the people of his peculiar charge, but by the ministers and people of all the denominations around him.

The present Rector of the Church, the Rev. Stephen H. Tyng, D.D., was instituted in the summer of 1845. There are now about 450 members in communion.

In March, 1846, Peter G. Stuyvesant, Esq., generously gave to St. George's Church lots of ground on Rutherford Place and Sixteenth street, sufficient for a new Church and Rectory; and the Vestry, after accepting the gift, resolved to proceed immediately to commence the erection of a church edifice, with a view to colonize. (33)

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Tuesday, October 7, 2008

Worship (1)

Topic: Notable Catholics Born in NYC #1


Educator. Born in New York City on May 25, He studied at St. Francis Xavier, became a Jesuit in 1896, was at Innsbruck in 1907-11, and taught at Canisius and Boston College. He set up the seismograph station at the latter and gained attention as a radio commentator on the "Catholic Truth Period" program, of which he was director from 1929 to 1950. He also had taught at Holy Cross and was president of Canisius from 1919 to 1923. He died in Boston on June 5.


Scientist. Born in New York City on Feb. 6, he studied at Columbia, obtained a degree in medicine, then taught mathematics and astronomy at Columbia from 1841 to 1866. In 1848 he was a member of the United States expedition to the Dead Sea. He became a convert in 1849, served as head of the supreme council of the St. Vincent de Paul Society, and established and helped to build the New York Catholic Protectory. He died in Lahore, India, on Oct. 19, and is buried in Fort Lee, New Jersey.


Bishop. Born in New York City on Sept. 15, he studied at Montreal and at Mt. St. Mary's, Maryland, was ordained at Baltimore in 1838, served in upper New York State, and was pastor of a Brooklyn parish from 1841 to 1855, when he became first bishop of Portland, Maine. The diocese included the entire state had six priests and eight parishes, and was plagued by Know-Nothing propaganda; by the time of his death there were sixty-three parishes with 80,000 Catholics. He died in New York on Nov. 5.


Critic. Born in New York City, he did his undergraduate and doctoral work at Columbia, taught at Yale from 1895 to 1911 and from then until his death in New York at Columbia and Barnard. He wrote texts, essays, poems, and three scholarly studies: Ancient Rhetoric and Poetic, Medieval Rhetoric and Poetic, Renaissance Literary Theory and Practice.

BOYLAN, JOHN J. (1889?-1953)

Bishop. Born in New York City, on Oct. 7, he studied in Emmitsburg and Rochester seminaries, at Catholic University and the Pontifical Athenaeum, Rome, and was ordained in 1915. He did parish work in Council Bluffs, Iowa, taught at Dowling College, Des Moines, from 1918 to 1923, and was its president to 1942. He was vicar general of the diocese of Des Moines from 1934-1942 and was consecrated bishop of Rockford, Illinois, in 1943. He died near Narragansett, Rhode island, on July 19.

BOYLAND, WILLIAM A. (1869-1940)

Educator. Born in New York City on Jan. 6, he studied at St. Francis Xavier, taught in the public schools of the city, was associate superintendent of schools in 1927-30 and from 1930 until 1938 served as first president of Brooklyn College. He died in New York City on July 8.


Bishop. Born in New York City on Jan. 8, he was ordained, became a monsignor, entered naval service as a chaplain, and was the first Catholic chaplain to attain the rank of rear admiral in the United States Navy. He received several decorations from this country and France. He died in New York City on Aug. 16.


Author. Born in Brooklyn, New York on Dec. 7, he graduated from Harvard in 1910, when he joined the staff of the New York Morning Telegraph, went to the Tribune in 1912 as feature writer, sports writer, drama critic, and was war correspondent in France during World War I. On his return he became literary editor and wrote a daily book column. He transferred to the New York World in 1921 and soon became widely known for his column, "It Seems to Me," He was discharged in 1928 when he refused to discontinue his bitter columns on the Sacco-Vanzetti case, joined the staff of the New York Telegram (which absorbed the World in 1931), and became one of the most widely syndicated columnists in the United States. He ran unsuccessfully as a Socialist for Congress in 1930, founded the American Newspaper Guild in 1933, and became its first president. he became a convert in 1939. He lectured at Columbia and elsewhere, edited the Connecticut Nutmeg, a weekly, and was an amateur painter. His books include: Seeing Things at Night (1922), Sitting on the World (1924), Gandle Follows His Nose (1926), Anthony Comstock (with Margaret Leech, 1927), Christians Only (with George Britt, 1931), and the Autobiographical The Boy Grows Older (1922). He died in New York City on Dec. 19. (32)

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Monday, October 6, 2008

A Little Taste Of History (44)

Topic: Happenings in NYC During the 1900s #2

International Ladies Garment Workers Union founded in June 3, 1900. The union has been credited with the eradication of the sweatshop conditions forced upon the immigrants workers during the rapid rise of the needle trades, which had their origins in the invention of the sewing machine in 1846 and of the cutting machine 20 years later.

Located in the heart of Manhattan's financial district, the Broad Exchange Building was, at the time of its construction in 1900-02, the largest office building with the highest estimated real estate value built in Manhattan. Designed by the renowned architectural firm of Clinton & Russell, the Broad Exchange Building contained 326,500 square feet of rentable floor area and was estimated to cost $3.25 million.

Miss Florence E. Woods, established the record of being the first member of her sex to obtain a permit to operate an automobile in Central Park. Miss Woods is seventeen years of age and the daughter of Clinton E. Woods, general manager of the Woods Auto-Vehicle Company of Chicago, where her home is. She is attending school in NYC and lives at 182 west 80th street.

The 23rd Police Precinct Station House, located on the south side of West 30th Street between Sixth and Seventh Avenues, was erected in 1907-08 to the design of R. Thomas Short, who is best known as a designer of apartment buildings as a partner in the firm of Harde & Short. This station house served the legendary Tenderloin section of midtown Manhattan that was previously part of the 19th Precinct, one of the city's busiest.

In accordance with one of the rites of the Jewish religion, requiring that damaged or defective scrolls of the law be put in the Genizah, or secret hiding place, as in the olden times, or buried, eighteen scrolls, each comprising one complete Pentateuch, which were recently damaged by fire, were buried yesterday in Washington Cemetery by several orthodox Jewish congregations on the lower east side, which owned them. It was said this was the first time this ceremony has been observed in the United States.


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