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
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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.

To Contact: miriammedina@earthlink.net or miriam@thehistorybox.com
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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!
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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
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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
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Do All Good Things Eventually Come To An End? (1)

By Miriam Medina

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
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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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Disappointment versus Discouragement

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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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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Poesías de José Martí

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

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

To contact: miriammedina@earthlink.net

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

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.

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The Supreme Court of the United States (2)

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

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The Supreme Court of the United States (1)

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

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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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.

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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.

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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)

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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)

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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)

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Habeas Corpus (2)

In theory the central court (King's Court) had a control over the entire province of criminal justice, and at times directed a sheriff to send prisoners to Westminster for trial; but such instances at this date were rare, and were generally from Chancery rather than from the justices, and were more governmental than judicial in their origin. Undoubtedly, also, if a man thought himself unlawfully imprisoned by the sheriff or by some lord of a franchise, and made himself heard in the King's Court, the justices of that court had power to order that his body be brought before them, a nd to liberate him if persuaded that his imprisonment was unlawful.

Although in 1234 the royal court, by the mouth of William Raleigh, declared null and void the outlawry of Hubert de Burgh, which the King had especially commanded, this victory of law over arbitrary power was gained only after a revolt and a change of Ministry. In spit of this, a man committed to jail by the 'mandate of the King' would have found none to liberate him. It was two hundred years before the habeas corpus as the appropriate instrument for enforcing the law of personal liberty granted by Magna Charta became well established, and it was not until the reign of Charles II, that the last vestige of the superiority of the King's mandate disappears.

In Darnel's case (3 Charles I., 1627) the judges declared that a return to a writ of habeas corpus directed to the warden of the Fleet Prison, which set forth that the prisoner was detained by warrant of the Privy Council, was a sufficient answer to the writ. The result of the indignation consequent upon this subserviency of the judges to the King's will was the passage of the Petition of Right (16 Charles I., ch. 10, sec. 8), which provided that the writ of habeas corpus should be granted as of course to a person committed by the King or Privy Council upon demand made to the Court of King's Bench or Common Pleas, thus extending the power of granting the writ to the Common Pleas Court by statute.

In 1676 the court refused to grant a writ upon such a motion in vacation, and this resulted in the passing of the Habeas Corpus Act. The substance of the act is that the sheriff or other person having a prisoner in his custody shall, when a writ of habeas corpus is directed to him, bring the body of his prisoner into court, within a time fixed, with the true cause of his detainer or imprisonment, unless the commitment was for treason or felony plainly expressed in the warrant; that the writ of habeas corpus should be granted in vacation time by the Lord Chancellor, the writ to be returnable immediately and the prisoner to be discharged on giving security for his appearance before the proper court, except in case of persons committed for treason or felony expressed in the warrant of commitment, persons convicted or suffering execution by legal process, and persons detained upon a legal process or for an offense not bailable upon a justice's warrant; that persons discharged on habeas corpus shall not be recommitted for the same offense except by the court having cognizance of the case; persons committed to prison for treason or felony if not indicted and tried in or before the second term or session after commitment should be discharged; and that no inhabitant of England (except convicted felons and those contracting to be transported) shall be sent as prisoners to Scotland, Ireland, Jersey, etc., or any place beyond the seas. Stringent penalties provided for a forfeit of £500 against a judge delaying the issue of the writ, costs and damages of not less than £500, besides the penalties of praemunire for illegal transportation beyond seas.

To be continued: Habeas Corpus (3)

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

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Habeas Corpus (1)

Any one of several common-law writs, which issue out of a court of justice, or (in England) are awarded by a judge in vacation, and require the body of a person to be brought before the judge or into the court for some purpose specified in the writ.

The name arises from the emphatic words habeas corpus ('have the body') which occur in the writs so called. In the broadest inclusion, besides the writs now commonly so called, the writ known as capias is covered by the term habeas corpus, and these words form a part of the Latin form of the writ. Of all these writs the one which is now of primary importance, and which is commonly meant by the term, is that of which the fuller name is habeas corpus ad subjiciendum, the history and law concerning which is here briefly stated under that fuller name. Other writs of minor importance are given below under their fuller names, by which they are ordinarily distinguished.

Habeas Corpus ad Subjiciendum

This is a prerogative writ requiring the body of a person alleged to be unlawfully restrained of liberty to be brought before the judge or into court, that the lawfulness of the restraint may be investigated and determined. The writ is addressed to the person in whose custody the detained person is alleged to be, and commands him to produce the body of the prisoner before the court and there state the cause and warrant for his detention, or show cause why this was not done.

At the time when the Magna Charta declared that no "freeman may be taken or imprisoned but by the lawful judgment of his peers or by the law of the land," there seems to have been no definite machinery available by which a freeman so imprisoned could recover his freedom. This was due partly to the fact that the power was not then fully centralized, partly to the fact that the King's court (through which this was then to be accomplished if at all) was not yet ready to set at naught the King's will, and partly that the law seemed to fear too little rather than too much imprisonment of malefactors, and the action for false imprisonment seemed a sufficient check for merely lawless confinement. The words 'habeas corpus' are making their way into various writs, but they are not yet habitually used of any method of investigating the cause or legality of an imprisonment.

A person arrested was set free as soon as some sureties became bound for his appearance in court. It was not common to keep men in prison, not (apparently) because of any love of the abstract idea of liberty, but because imprisonment was costly and troublesome to the sheriff. The sheriff enjoyed a discretionary power of detaining or releasing prisoners upon sureties such as he considered sufficient, except that he might not set at liberty any one imprisoned by the special command of the King. A writ (de homine replegiando), which came into currency during this same period, directed the sheriff to deliver the prisoner unless he were taken at the special command of the King or his chief justiciar or for the death of a man, or for some forest offense, or for some other cause which by law made him irrepleviable; but the writ was so worded as to throw upon the sheriff the responsibility of deciding whether the prisoner should be kept in custody.

To be continued: Habeas Corpus ad Subjiciendum (2)
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Source of Information: From my Collection of Books: The New International Encyclopedia: 1902-1905 Dodd, Mead and Company, New York total of 21 Volumes.
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Brusciano, Italy News/Events (8)

" Da Brusciano in Pellegrinaggio a Medjugorie con la Comunità Parrocchiale S. Maria delle Grazie guidata dal parroco Don Michele Lombardi."

Il Pellegrinaggio verso la Madonna di Medjugorie nell’ex Iugoslavia, oggi Bosnia-Erzegovina, in pullman dalla partenza di mercoledì 30 settembre al ritorno di lunedì 5 ottobre 2009, coinvolge 300 pellegrini della Diocesi di Nola, fra cui la Comunità Parrocchiale Santa Maria delle Grazie di Brusciano guidata dal Parroco, Don Michele Lombardi.

Fra tanti fedeli uomini, donne, giovani ed anziani, famiglie e comitive di amici, vi sono anche i Consiglieri Comunali di Bruasciano, Nicola Di Maio, Delegato alle Politiche Sociali e Giuseppe Cristiani, Presidente della IV Commissione Consiliare, che con i loro familiari hanno aderito a questo pellegrinaggio ed al percorso di fede comunitario che negli ultimi anni sta rivitalizzando la Comunità Parrocchiale di Don Michele Lombardi, anche grazie al sostegno e incitamento del Vescovo di Nola, Mons. Beniamino De Palma, spesso presente a Brusciano negli incontri di speciali Consigli Pastorali ed Interparrocchiali.

Un segno potente, il vescovo Depalma, lo aveva lasciato nella Comunità tutta durante la Visita Pastorale conclusasi in Consiglio Comunale il 20 dicembre dello scorso anno, alla presenza del Sindaco dott. Angelo Antonio Romano e del Presidente del Consiglio Antonio Di Palma, dei Consiglieri ed Assessori Comunali e tanti rappresentanti dell’associazionismo locale civile e religioso affiancati dal Delegato diocesano per l’Ecumenismo e Decano, Don Giovani Lo Sapio. For more and English Translation .....

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Brusciano, Italy News/Events (7)

"Iniziati i lavori di ristrutturazione del Campo Sportivo Comunale e di costruzione della rotonda in Via De Ruggiero."

Dopo l’inizio dei lavori di restyling di Piazza XI Settembre, l’Amministrazione Comunale di Brusciano guidata dal Sindaco dott. Angelo Antonio Romano, e per l’Assessorato Lavori Pubblici, dall’ingegnere Angelo Maione, ha dato via libera all’apertura di altri due cantieri. Il primo presso il Campo Sportivo Comunale i cui lavori prevedono una spesa complessiva di circa 400.000 euro. L’intervento, nel rispetto di quanto prescritto dal CONI, riguarda il completamento della recinzione, l’adeguamento degli spogliatoi, la manutenzione della tribuna, l’abbattimento delle barriere architettoniche, bagni per gli spettatori, il parcheggio esterno e la sicurezza durante le varie manifestazioni sportive.

Il secondo cantiere aperto in questi giorni riguarda la costruzione di una rotatoria in via Guido De Ruggiero, a servizio dello snodo viario fra le strade San Sebastiano Martire e Matilde Serao, con una spesa complessiva di circa 81.000 euro e questi sono fondi sono dal Bilancio Comunale. Il Sindaco, dott. Angelo Antonio Romano, ha affermato che “il ristrutturato impianto sportivo in Via De Ruggiero sarà il punto di partenza per costruire la Cittadella dello Sport. Mentre con i lavori per la rotonda di Via De Ruggiero miglioriamo la viabilità ed insieme stiamo creando uno spazio di verde attrezzato fruibile per bambini ed adulti nel sereno godimento del tempo libero. Questo spazio ritorna pubblico dopo tante traversie burocratiche e legali. Finalmente i bruscianesi hanno ottenuto quanto stavano attendendo da tempo”.

L’Assessore allo Sport e Spettacolo, Architetto Francesco Maione, ha dichiarato: “Ci auguriamo quanto prima di ridare alla Cittadinanza ed alle Associazioni questo importante centro sportivo e sociale, lo Stadio Comunale rinnovato, destinato ad incrementare la pratica dello sport in generale e non solo quello del calcio”. For more and English Translation .....

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Domestic Violence: A Heart-Rendering Experience (4)

There really are no easy solutions for lessening the violence in our nation, so each and every one of us must do our part to attempt to end the violence in order to make America a safer place to live. We need to fight for tougher penalties for violent offenders, making sure that they will be punished to the full extent of the law as well as provide assistance to women who are survivors of violence. We must be prepared to cooperate with government officials, law enforcement, educators and community leaders as well as with each other. In unity there is strength. Parents have the responsibility of nurturing and guiding their children through every aspect of growing up. They need to be involved in all of their children’s activities, protecting and keeping them safe. Parents need to teach their children about relationships, dangers of alcohol and drug use, as well as showing the difference between making right and wrong choices. "Positive reinforcement and constructive support are more effective in influencing children's behavior than criticism." Maintaining good communications with your child will make it easier for him/her to come to you when they have a problem or to seek your opinion on more serious issues as well. Because abuse and crime is on the rise, today’s parents need to oversee the kinds of video games that their children are involved with, rap and hip-hop music that they listen to as well as monitor the content of TV programming and computer use.. Parents should set viewing limits, so that the child can spend more time in other constructive areas such as reading, playing with their friends etc. Protecting children from exposure to violence in the environment, whether on television or in the neighborhood, is important for a child to feel safe.

If at any time you feel your life or someone else’s life is in immediate danger, please I repeat please DO NOT HESITATE call the police. Stop the cycle of violence and make our nation a safer place to live.
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