Category Archives: government

One Man’s Vision—8   

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We’ve shared with you in the last four weeks one man’s vision for a greater Jefferson City (well, actually two men, as we wrote about Mayor C. W. Thomas—who inspired this series—in our first entry).  Our list is far from inclusive of all good ideas nor is having a vision my exclusive domain. You have been invited to share your visions and I hope you will do that now that we are wrapping up this series.

All of this ambitious talk about places to meet, places to visit, and places to live has overlooked a lot of our people who have few or none of the opportunities to participate.  If we are to be a great city, we cannot overlook them.

At the library, we sometimes hear about our “homeless problem” and there are those who tell us they won’t visit the library or bring their children there because of “them.”  Those patrons and other critics demand we “do something” about them.  “They” make people uncomfortable.

The library does not have a homeless problem. The CITY has a homeless problem and the public library is an uncomfortable participant in it—because we have to be.

We are a public institution and whether a person owns a mansion or sleeps in a box, that person is part of “the public.”  There is no place for them to go during the day after their overnight accommodations shut down.  We are their warm place on frigid days. We are their cool place on oppressively hot days.  We are their bathrooms.

I’m sorry that some people are offended because “they” don’t dress as well as most of us…or smell as good as most of us and they hang around our building.

We do not often have any problems with these folks although there have been times when we have called police and some have been banished from our premises.  We have signs throughout our building reminding our homeless visitors not to sleep there. Our staff can’t be a dozer police, though, because of their regular duties.

But most of them are okay. We do not judge them on various criteria any more than we judge any of you. You are the public, constituents using a public place in a personal way, too.

I have not had a chance to ask our critics what their solution is.  But ignoring the issue or saying it is someone else’s problem to solve is something for the Old Jefferson City—-at a time when a BOLD Jefferson City should be our goal.

Celebrations of things such as bicentennials of becoming the state capital can work in more ways than one. We should make sure our bicentennial observance doesn’t leave “them” out.  They are people, the public, fellow citizens.  And they deserve—by their presence among us—respect.

Great cities do not become great by only catering to people who smell good.

To do any of the things I have discussed in this series to move a good city toward greatness without facing the problems of those to whom greatness is just a word is irresponsible.  As citizens of this community we are responsible to and for one another. That’s what the word “community” implies.

I can’t tell you how to make these things discussed in these entries happen. Many of you have the expertise I lack.

Leonardo daVinci made drawings of flying machines. The Wright Brothers made the machine that flew.  Humphry Davy, Warren de la Rue, and Joseph Swan made electric lights but Thomas Edison created the incandescent bulb. Carl Benz created a gasoline-powered automobile but Henry Ford showed how to manufacture them.  John Fleming invented the vacuum tube but Guglielmo Marconi created radio.

Some have ideas. Others have the expertise to realize them.

So I’m going to leave you with three statements that have motivated me most of my life and I hope they encourage you to become active in this quest.

The English playwright George Bernard Shaw wrote a lengthy play called Back to Methuselah, retelling some of the earliest stories of the Bible. He creates a conversation in which the snake convinces Eve she should want to learn, that she should eat from the tree of knowledge instead of just living mindlessly in the Garden of Eden.  The snake appeals to her curiosity by saying, “You see things, and you say ‘Why?’   I dream dreams that never were, and I say, ‘Why not?’”

I am asking today, “Why not?”

The German philosopher Johan Wolfgang von Goethe continued that thought when he advised, “Dream no small dreams for they have no power to move the hearts of men.”

I am asking you to dream bigger dreams than we have dreamed, bigger even than a new convention center.

Goethe’s  tragic masterwork, Faust, includes this observation:

Lose this day loitering—’twill be the same story
To-morrow–and the next more dilatory;
Then indecision brings its own delays,
And days are lost lamenting o’er lost days.
Are you in earnest? seize this very minute–
What you can do, or dream you can, begin it,
Boldness has genius, power, and magic in it,
Only engage, and then the mind grows heated—
Begin it, and the work will be completed!

I am asking our city to be bold.

A bicentennial’s greatest value lies not in dwelling on the past, but in building a foundation for the TRIcentennial. It still will not be good enough to be the Capital City.  What more can we be….if we lay the foundation for it now?

I want our bicentennial to be characterized by a sense of boldness that turns a “good enough” city into a great one, that discovers the genius, power, and magic in boldness.

A century ago, a mayor who had seen this city become a modern city that in his lifetime fought off two efforts to take the seat of government elsewhere—Sedalia’s 1896 statewide vote on capital removal and efforts after the 1911 fire to build a new capitol somewhere else—and who modernized our town died dreaming of a convention center.

His spirit of progress is worth recalling and becoming a motivator for becoming a greater city.

You’ve read one man’s vision for accomplishing that.  What is yours?

How can we do it?

One Man’s Vision—4 

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A state-of- the-art comprehensive Jefferson City/Cole County History Museum, at the old prison—discussed in the previous entry in this series—should be only a start.

Let’s shoot for the moon.

What really would be a giant step toward greatness would be he acquisition of another museum, one destined for a Smithsonian-quality reputation.

Six years ago we had a shot at getting the Steamboat Arabia museum to move here from Kansas City. But our planning group never got beyond talking, talking, talking and the expertise I hoped would develop when the group was formed never did develop. In effect, we decided we are good enough, as is. And one important business leader straight-out told me it wouldn’t work here.

None of the people I thought would take the practical lead did. But another smaller, more ambitious town went beyond talking and what it discovered for itself speaks volumes of what Jefferson City would have discovered had there been some initiative generated by all of that talking and should be a challenge to Jefferson City to show it wants to be more than the state capitol, more than a convention center can give us, more than we are.

City leaders in Marshall reportedly raised $150,000 for a feasibility study of a steamboat museum at I-70 and Highway 65. The initial investment would be high. The payoff will be large and long-lasting

The findings show that the payoff of this major commitment will be multiples of what was forecast for the Marshall/Sedalia/Lexington area.

I took a lot of notes at the meeting where the findings by the consulting firm of Peckham, Guyton, Albers & Viets (PGAV) were revealed three years ago.

PGAV called the museum proposal “a chance to put something iconic in Central Missouri.’  It described a state of the art museum with a national and regional strategy. It addressed continued investment that renewed the museum’s life cycle, the development of supporting amenities, the financial sustainability for generations, and the leadership the project would provide for future development.

The company looked at tourism strategies—attracting people to the area, creating support for the project, and connecting the museum to other parts of the country by defining a larger region to draw from.

They saw the museum as being a local draw and, more important, a destination attraction. PGAV calculated the trade area for the museum south of Marshall at more than 7.5 million people within a three-hour travel time.  The study forecast the operating costs would be about $2.4 million a year, based on an $18 adult admission fee, retail sales, and food and beverage income, among other things. It could be operated with 18 fulltime employees.

The first phase would be a 77,000 square foot museum (about double the present footprint, that would hold the Arabia and a second boat (we’ll discuss that later) and provide support and storage space on 3.7 acres, including parking. Estimated cost: $37 million.  That’s what we built the Center for Missouri Studies for in Columbia—a three-story, 77-thousand square feet building.  By the time the third phase of the steamboat museum would be completed, the complex would cover 8 acres, including parking

PGAV’s site analysis pointed to the great visibility of the museum from I-70 and to the great amount of open land at Marshall Junction.

The company found that museums are “economic engines” for an area—that non-profit art and culture attractions have an economic impact of more than one-billion dollars in Missouri (that’s a 2015 study).  They calculated that $1 generated by such a museum would generate $3.20 for the economy.

The study identifies several financial tools created by state law—Community Development Block Grants, Neighborhood Assistance tax credits, Community Improvement Districts, and ta exempt bonds issued by the Missouri Development Finance Board.

Additionally, PGAV calculated the national 250th anniversary celebration in 2026 will create federal funding capabilities for projects with about two-billion dollars allocated for state signature projects—and the museum, they said, would be a prime choice that a signature project (Jefferson City benefitted from the Bicentennial in 1976 by getting funding for restoration of Lohman’s Landing when it was declared a statewide bicentennial project).

In Summary, PGAV concluded that the Marshall-centered market would be enough to support a destination museum that would be an anchor for other tourism assets in the region (Arrow Rock, Sedalia and the State Fair, Santa Fe Trail sites, etc.  It would develop tourism synergies for local tourism in a three-county region (or broader), it would trigger multiple development opportunities near the Marshall Junction interchange and would create an economic development opportunity when combined with other attractions.  The study indicated the museum would draw 3.7 million visitors when phase one opens in 2026.

If that is true for Marshall, consider what it would mean for Jefferson City.

The population of Columbia, Jefferson City, and Fulton tops 182,000.  The combined populations of Marshall, Sedalia, Lexington, Boonville, and Moberly is about one-third that.

Seven state or private institutions of higher education within thirty miles of Jefferson City have more than 44,000 students. Another thirty miles, north and south, are Moberly Area Community College and the Missouri University of Science and Technology that add another 12,000 students. Sporting events and parental visits bring tens of thousands more people to those schools.

Add tto that, that Jefferson City is on the way to the Lake of the Ozarks. Lake Expo recently estimated 2.5-million people visit the Lake every year, 75% of them between May and September.

Increased tourism is only part of the benefit. The steamboat museum here could offer academic opportunities in technology, archaeology, textile preservation, museum management, American Western history, and other programs at or through those higher education institutions. The museum could benefit them and could gain benefits from them.

And think what a museum dedicated to grow in coming years or decades to capture the history of  the golden decades of Missouri River commerce and frontier development (1820-1880) could do.  The goal of the museum is to have artifacts—and maybe complete steamboats—excavated from past river channels, now farm fields from each of those decades.  Arabia museum President Dave Hawley has one of those boats located and test borings indicate the Malta might be complete enough to bring up as whole as possible. He would love to open a new museum with an 1841 steamboat in it.

Think about that.

Six years ago, we had the chance to raise about five million dollars to pay the costs of excavating the Malta and having it here, keeping the museum project highly visible while he rest of the project developed. Only one person was asking, “How do we do that?”  Nobody answered.

At the time, major fund-raising was focused on the Bicentennial Bridge or on the Missouri River Port.

I wrote at the time that I didn’t see hundreds of school buses with thousands of school children and their adult chaperones visiting a river port or taking in the view from Adrian’s Island as they would visit a steamboat museum.  To be clear, I think Adrian’s Island will be appreciated more in ten years than it was then or might be appreciated now. I can’t recall the last time I heard anything about the riverport but it’s not likely something I will take visiting relatives to see.

The Arabia museum is running out of time before it closes and the collection possibly moves to Pennsylvania, significantly, in November, 2026. Making the acquisition of that museum for our city as the official Capital City Bicentennial Project would be about a $50 million initial commitment. But it would transform our city and it would be an incredible driver to prison redevelopment as well as an incredible complement to the convention center/capitol avenue restoration and redevelopment effort.

Based on my conversations with Joe and Josephine Jeffcity, the steamboat museum would enhance chances for approval of a bond issue for the convention center, the library, and the historical museum, together or separately.

How can we make this step toward greatness happen?

Why should we do it?

Some of us are old enough to remember President Kennedy’s September 12, 1962 speech at Rice University when he set the goal of a manned moon landing within the decade:

“But why, some say, the Moon? Why choose this as our goal? And they may well ask, why climb the highest mountain? Why, 35 years ago, fly the Atlantic?…We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard; because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one we intend to win.”

The steamboat museum can be, should be, Jefferson City’s moonshot.

At the risk of sinking into hyperbole, bringing this museum to Jefferson City could be the greatest reach for greatness in city history since civic leaders organized the construction of our first Missouri River bridge that helped blunt Sedalia’s effort to steal the capital in 1896.

How can we organize and measure the best of our energies and skills to make it happen?

How can we do it?

 

One Man’s Vision—2

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Jefferson City’s hopes of turning the old penitentiary into a major redevelopment project are in danger. City officials have for many years pinned many of their hopes for a mid-city rennaiscance to the state’s preservation, restoration, and redevelopment of the prison and dozens of acres of land controlled by he city inside the old walls.

Jefferson City leaders must aggressively overturn an effort by the House of Representatives Budget  Committee to eliminate $52.3 million from the state budget that Governor Parson recommended in January and another $40 million he wants set aside for later preservation and restoration work.

It is essential if a downtown convention center is to be more than a stand-alone project that misses the chance to bring about greater transformational change for our city from Madison and Capitol for the next seven blocks to the east.

The plan has been promoted as putting the old place in shape for expanded tourism attraction.  But the issue is far more important than that.  It is only one part of a much greater future for a major part of the Capital City and, it can be argued, is part of a package of developments that is highlighted by the expansion of the Capitol itself.

The Capitol and the penitentiary are bookends of our city’s historic, cultural, economic, and ethnic past, present, and future.  In fact, the penitentiary is a major reason this city continued to exist for the first eighty-five years as the seat of state government, a development that curtailed the efforts to end the City of Jefferson’s political history before it had hardly begun.

Jefferson City was a tiny, dirty/muddy, little frontier village, the worst of the three possible locations for a permanent capital, when Governor John Miller told the legislature in 1832 it had to do something to create an economy for the city or take the government elsewhere:

If t is not to be the permanent seat of government, that fact cannot be too soon made known, while on the other hand if it is to remain as such, it is advisable that those measures which would advance its prosperity, should be taken with the least possible delay. Some of the principle streets are from the nature of tne ground impassable. It is therefore respectfully recommended that an appropriation be made for grading and otherwise improving,them. The erection of a penitentiary here, the necessity and utility which cannot be doubted, would contribute in a great degree to calm the public mind in relation to th« permanent location of the seat of government.

 The penitentiary, for many years well outside the city limits, today is the link between the water company overlooking the river on the hill west of Bolivar Street to Ellis Porter/Riverside Park and its recently-restored amphitheatre on the east. It’s an area that swells to include Dunklin Street that runs through the heart of Munichberg and continues to and past the entrance to Lincoln University before turning back toward the river at Clark Avenue.

For many years, the tall standpipe at the water company,  the capitol dome, and the smokestacks of prison industries were parts of our skyline.

That area has been, is, and will be the heart of our city.

One Budget Committee member called the restoration “the stupidest idea I’ve heard all day,” and another said it was not a place she would take her grandchildren. Another opposes the idea of making a tourist attraction out of the suffering of thousands of inmates.

It’s time for these folks to hear, loudly, from city leaders that they are flat wrong on several counts.

There’s plenty of time and ways to get that money put back into the budget but Jefferson City needs to become very aggressive in making the case that these committee members are just flat wrong. Thirty thousand people a year don’t think the prison is stupid. A lot of grandchildren have gone through it. And the suffering of inmates is an important part of the reason our national history of corrections has undergone massive change. The prison is a great example of showing how our past can guide us to the future.

Alcatraz is not too gruesome to draw 1.5-million people a year. Nor is the old Eastern State Prison in Philadelphia, which draws 350-thousand. Nor are at least a dozen restored prisons and jails throughout the nation.

Jefferson City cannot allow the short-sightedness of these representatives to prevail.

In a city where you can’t swing a dead cat without hitting a lobbyist, it wouldn’t hurt if they had enough interest in their town to speak up for it voluntarily and help get that money back. And asking the governor to step in would not be improper.

Jefferson City must fight for the restoration of this funding not just because the old prison is a tourism draw but because of its potential for significant other developments that will take advantage of a large plot of available land in the heart of the city. What prison restoration can mean to Jefferson City’s core redevelopment is part of the vision of making a good city a great one.

The prison is more than an old, miserable lockup.  It is one of the most important historical structures still standing in Missouri, a massive learning experience for all who visit it, even grandchildren. Going through it is a matter of going through several eras in the history of crime, punishment, and justice in Missouri.

You want to know how bad things were?  Take a tour. You want to know how things changed?  Take a tour. The stories you hear from guides are intensely human. Calling the prison a tourist attraction, in fact, cheapens the prison as a teaching and learning experience.

We can concede that there are those who don’t think the public should see this institution that focuses on the worst of our society.  But ignoring the worst does not make us better.  Crime is here.  Prisons are here.  Refusing to acknowledge their presence, their purposes, or the changing standards that they represent in our history is unrealistic.

Thousands of men and women went into that “bloodiest 47 acres in America” and came out to live peaceful lives. Understanding the world where they were sent and from which they emerged is important.  Making a tourist attraction out of the suffering of thousands of inmates?  It’s much more than that.

The decision by our city leaders to abandon the old penitentiary as the potential site for a convention center and hotel is a welcome, solid, decision. The plan to put the hotel/center in the prison seemed to be a good idea about a decade ago but nothing developed other than a few lines on paper. It was correct for the previous city administration to bring this long-ignored opportunity back to the public mind and to keep it there. But it is not unusual for first concepts to fall by the wayside as time shows their weaknesses.

I was the President of the State Historical Society of Missouri when we opened our $37-million Center for Missouri Studies about five years ago. It is far beyond what we imagined it would be in the first stages of our planning and it is not on our first choice of location.  But the leaders of our society never once conceded that we could not do what we wanted to do. Our only question was, “How do we do this?”

That characteristic, when applied to cities, is what elevates good cities to great cities.  Do not tell me we can’t do something; explain to me how we can.

What happens with the penitentiary now that it is available for new development is a major factor in Jefferson City’s move from a good city to a great city.  As we explore one man’s vision in this series, details will emerge.

We’ll talk about our vision for the penitentiary later. But for now, the priority must be action that will preserve the penitentiary for its own value to the public while creating an improved opportunity for the city to take steps toward greatness within it.

(photo credit: Missouri American Water Company)

 

Notes From a Quiet Street (Spring break edition)

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It’s been a quiet week in our modest abode on this increasingly quiet street.

Two houses across the street are unoccupied; their owners are in assisted living facilities. Some people are using the house next door that is owned by the family of a couple that both died in recent years.  A house on the corner two blocks away was vacant for several weeks before somebody bought it last week.

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It’s been especially quiet at the house where we get our mail.  Our twenty-year old plasma TV, the latest thing in technology when we bought it, conked out; it refused to come on the next morning after another woeful Missouri Tiger basketball loss. Perhaps it committed plasmacide.

I bought a new set but the crew to install it and haul off the old set couldn’t bring it to the manse for ten days.

It was kind of nice.  Nancy, who anguishes terribly as she figures out our taxes so our accountant can fill in some blanks, had no distracting things to take her away from her ongoing struggle with all of the papers, receipts, and retirement fund reports and other financial flotsam and jetsam that washing up on our financial beach.

I caught up on some research and did some writing in the quiet of the evening and worked on a speech about using our city’s bicentennial as the state capital to transform itself.  We even took some time out to READ.

The new set is a 65-incher, ten inches more than what we had but a full foot smaller than the biggest one I could have bought. But watching a 77-inch set in a living room the size of ours would be the equivalent of sitting in the second row at a real theater.

We were recalling what an adjustment it had been when we went from our 36-inch square-screen set to the 55-inch rectangular one and how it dominated the room.

Many of you who consume these words might recall your first TV set when TV itself was new.  Ours was a 13-inch Admiral on which we watched two stations and a few years later a third, but we needed an antenna rotor to move the antenna around to pick up each one.  And the national anthem was played with various military films in the background at 10:30, when the station signed off after the 10 o’clock news.

And the next morning we’d look at a test pattern before the Natioal Anthem was played with another military film in the background and the broadcast day would start again.

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This is spring break week for the legislature. It’s a chance for lawmakers to lick their wounds from the first half of the session that has been especially fractious in the Senate and pretty productive in the House despite the nagging ethical investigation into some actions or proposed actions by the Speaker.

Next week they come back for an intense sprint to the finish in mid-May except for a Monday-off after easter Sunday.

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The legislature spends the first four months getting bills lined up for passage in a frantic last week, although that system hasn’t worked because the Senate has gotten into annual mudfights between the casinos who want a state-harmful sweetheart tax deal on sports wagering and the people who want to legalize all of the thousands of questionably-legal video poker machines that have turned our convenience stores into quasi casinos, state law limiting casino locations to the contrary notwithstanding.

Jim Mathewson, the Sedalia Senator who led the Senate for eight years once explained that the legislature waits for the last minute to pass most of its bills for the same reason that many people wait until the last day before they file their income tax.

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An important anniversary comes up in Jefferson City in October.  It will be 100 years since formal dedication ceremonies were held for the then-new Capitol.  Five former governors delivered remarks.

There are now seven living former governors: Bond, Ashcroft, Wilson, Holden, Blunt, Nixon, and Greitens.  That might tie a record.  If these seven hold out for another ten months or so they will be joined by an eighth.

Speaking of the potential eighth:  I’ve ordered his book. He was interviewed at length by the Missourinet’s Alisa Nelson. It’s interesting and it’s on the Missourinet webpage. You just have to do a search.

I need to catch him when he’s gotten loose in the wild one of these days and have him sign it after it arrives in the mail.

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On October 1, 2026, Jefferson City will observe the bicentennial of the move of state government from its temporary home in St. Charles.  November 20 will mark the 200th anniversary of the first legislative session held in the new capital city.

We haven’t heard of any plans being made to celebrate those events but one idea we’ve had is a concert of Missouri music.  If you have some suggestions for songs about Missouri or by Missouri composers, let us know.  St. Louis Blues and Goin’ to Kansas City and the Maple Leaf Rag spring easily to mind.

One that I know must be included is Neal E. Boyd’s “Missouri Anthem.”

Neal E. Boyd and Brandon K. Guttenfelder – MISSOURI ANTHEM – YouTubea

Or a beautiful orchestral version:

Neal E. Boyd – MISSOURI ANTHEM Orchestral 2013 – YouTube

Neal E. Boyd died more than five years ago and it’s a great shame that The Missouri Anthem that he performed so magnificently is not more widely honored.  He rose from a background of poverty in southeast Missouri to achieve brief national fame as the winner of the third year of the America’s Got Talent TV show.  He died at the age of 42 from various ailments.

The song should replace the dirge adopted in 1949 by the legislature as our state song. The bicentennial of Missouri’s permanent state capital city would be an appropriate time to do that.

 

Why Let Others Decide? 

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The latest effort to let other people decide what’s best for the rest of us is at large in the Missouri Capitol.

It is bill designed to take away some more of our voting rights. I say “some more” because of two obvious incidents from our past, within the last thirty years or so, in which we as voters gave away our right to vote.

First was term limits.  In 1992, voters statewide decided you and I could not vote to retain our state representative or our state senator, no matter how well they had represented us, beyond a certain number of years. We, as a people, forfeited our right to vote for a third term for a senator we trusted or our right to vote for a fifth term of a representative who had responsibly served us.

(Hypocritically, in the same election, voters elected many incumbents to terms beyond the limits they also approved).

Later, voters statewide decided to ban any city from imposing an earnings tax other than the cities of St. Louis and Kansas City—and voters there would have to approve continuation of those taxes every five years.  No other cities were seriously considering such a tax at the time, but that decision precluded any city from asking voters to think about one.  Again, othrers have decided you and I can never have a chance to vote on this issue in our towns.

Now a movement is afoot to make it harder to change our constitution. And this one is even more dangerous because it could declare a majority vote doesn’t count.

The Senate already has passed this bill that says the constitution would not be amended, even if the proposal carries by a majority statewide, unless it has a majority in more than half of the state’s congressional districts.  That means it must be approved by voters in five of our eight congressional districts we now have and will fail even if the statewide results show majority approval.

If you vote on the prevailing side, your vote is worthless if the issue gets a statewide majority but gets a a majority in only four of our congressional districts.

So much for one-person, one-vote. My vote and your vote might not carry the same weight as the vote of someone in a more reluctant congressional district.  Our votes will not be equal.  We might win the majority but the majority will not rule.

If it is such a good idea, why are elections for legislators run on the same principle?  Why shouldn’t someone have to carry a majority of the precincts in their district, not just get the most votes overall, to get elected?

The proposed constitutional change is a Republican idea and Republicans don’t want voters in the Democratic congressional districts in our metro areas and, probably, the more liberal district that includes Columbia, to post majorities that more than offset votes in conservative areas of Missouri.

Can anyone name any other election law that says voters in some places don’t count even if they are in the overall majority?

Doesn’t sound very “American.”

Fortunately, this idea will require a simple majority to defeat it when it does on the statewide ballot, assuming voters realize that they are once again being asked to give away a right to decide issues on the basis of all votes being equal.

Our constitution already has too many things in it that should be state laws subject to updating as needed as our society changes.  Many of those things have been put in the constitution because the legislature refused to enact them as statutes.  We might have a chance to make that same mistake with a sports wagering proposition because the legislature annually fails to pass a more responsible sports wagering law.

There are ways to make it harder to turn legislative failures into constitutional amendments that reduce the opportunities our elected representatives and senators have to enact public policy.  This proposal is not an appropriate way to do that.

The bill is Senate Joint Resolution 74. It will soon be on the House floor for debate.  We will serve ourselves well if we tell our Representatives that our vote should be equal to the votes of others on proposed constitutional changes.

Sauces for geese and ganders should be equal.  So should votes for legislators and for constitutional amendments.

The County, The Man  

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One of our counties is named for a man who was the nation’s fifth Chief Justice of the United States.  Before that, he was the 12th man to be Secretary of the Treasury. Before that, he was the 11th United States Attorney General.

We pronounce the name of the county “Tainey.”  But his name was really pronounced “Tawney.”   Roger Brooke Taney represents the dual nature of history and the fame and the infamy that comes from it, a duality that we cannot escape and from which we must not hide.

This man who is best remembered for delivering a historic anti-freedom decision in 1857 was part of the court that ruled on a historic pro-freedom case in 1841.

The Amistad case involved Africans who broke free and seized their ship, eventually landing at Long Island.  The owners of the ship sued for recovery of their property—the ship and its cargo. Former President John Quincy Adams argued for the slaves and the court ruled 6-1 with Taney in the majority that the slaves belonged to no one and were therefore free because, “in no sense could they possibly intend to import themselves here, as slaves, or for sale as slaves.”

The point of slave law ruled upon by the Taney court sixteen years later was entirely different. Taney is best remembered for delivering the decision that denied freedom to Missouri slave Dred Scott.

Missouri courts had handled hundreds of “freedom suits” filed by slaves who claimed they had gained their freedom because their owners had taken them to free states before coming to slaveholding Missouri. Some 300 of those cases were filed in St. Louis where a monument now stands honoring those slaves. Many of the suits succeeded but they ended with the Scott case.

The case was heard twice by the U. S. Supreme Court, a second hearing held because, as Taney wrote in the final decision, “differences of opinion were found to exist among the members of the court; and as the questions in controversy are of the highest importance…it was deemed advisable to continue the case, and direct a re-argument on some of the points, in order that we might have an opportunity of giving to the whole subject a more deliberate consideration.”

You can read the entire decision at Dred Scott v. Sandford Full Text – Text of the Case – Owl Eyes

The court voted 7-2 that Scott, as a slave, had no constitutional right to sue for his freedom. It is a long, long decision written by Taney and announced on March 6, 1857.

“The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution,” Taney wrote the long opinion that includes:

The words ‘people of the United States’ and ‘citizens’ are synonymous terms, and mean the same thing..,The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.”

…The legislation of the States therefore shows, in a manner not to be mistaken, the inferior and subject condition of that race at the time the Constitution was adopted, and long afterwards, throughout the thirteen States by which that instrument was framed; and it is hardly consistent with the respect due to these States, to suppose that they regarded at that time, as fellow-citizens and members of the sovereignty, a class of beings whom they had thus stigmatized; whom, as we are bound, out of respect to the State sovereignties, to assume they had deemed it just and necessary thus to stigmatize, and upon whom they had impressed such deep and enduring marks of inferiority and degradation; or, that when they met in convention to form the Constitution, they looked upon them as a portion of their constituents, or designed to include them in the provisions so carefully inserted for the security and protection of the liberties and rights of their citizens…

 Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Constitution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.

The opinion fueled fears of those who felt the slave economy eventually would collapse that the opposite would happen if the institution were to spread into new territories to the west. The 1821 Missouri Compromise forbade that but Taney’s ruling threw out that compromise:

“Every citizen has a right to take with him into the Territory any article of property which the Constitution of the United States recognises as property.”

It has been called the worst Supreme Court ruling in our history and a direct contributor to the Civil War.

Illinois Senator Stephen A. Douglas, who had eyes on a presidential run in 1860, told a crowd at the Illinois Capitol that those who disagreed with the ruling were “enemies of the constitution. One of his listeners was Springfield lawyer Abraham Lincoln, who had his eyes on Douglas’ seat in the Senate. One of Lincoln’s newest biographers, Steve Inskeep, wrote that Lincoln responded two weeks later that Douglas “dreads the slightest restraints on the spread of slavery” and asserted that the decision did not “establish a settled doctrine for the country.” Inskeep says Lincoln felt the Scott case was more than a bad ruling; “It was part of a conspiracy to spread slavery everywhere.”

The next June, Lincoln told another meeting in the statehouse, the conflict over slavery had not been resolved.

“A house divided against itself, cannot stand. I believe this government cannot endure permanently half slave and half free. I do not expect the Union to be dissolved – I do not expect the house to fall – but I do expect it will cease to be divided. It will become all one thing or all the other. Either the opponents of slavery will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become lawful in all the States, old as well as new – North as well as South.”

The Lincoln-Douglas debates that came afterward elevated Lincoln to the national spotlight and in 1860 into the presidency.

Lincoln’s inauguration on March 4, 1861, just two days short of the fourth anniversary of the Scott case, showed how rapidly the decision had changed the nation. It began with a dramatic moment when the tall, young abolitionist president-elect, in his first public appearance with a beard, filed in “arm in arm” with the Chief Justice who would swear him in.  Roger Taney, days short of his 84th birthday, “looked very agitated and his hands shook very perceptively with emotion,” as one reporter put it, as Lincoln placed his large hand on the Bible and took an oath to “preserve, protect, and defend the Constitution of the United States.

We do not know if the walk “arm in arm” or Taney’s shaking hands were matters of emotion or of the infirmities of age.  He died a little more than three years later, having witnessed the imposition of the Emancipation Proclamation that declared slaves in southern states were free, and, six months before his death, the passage by the United States Senate of what would become the Thirteenth Amendment, abolishing slavery and involuntary servitude.

On March 6, 2017, the sixtieth anniversary of the decision, descendants of the Taneys and the Scotts met at the Maryland State Capitol, where a statue of Taney stood, for a ceremony of reconciliation. Charlie Taney, great-great-great grand nephew of the judge, acknowledged, “I’m sure he wouldn’t be happy with this,”  but continued, “There’s totally something about seeing the Scotts and the Taneys side by side working together on reconciliation that strikes a real chord in people.”

Another descendant, Kate Taney Billingsley, said, there had been mixed feelings in the family about Taney: “A lot of people, it was like, they were proud of the name because it was a Chief Justice of the Supreme Court for other rulings he had made that was not the Dred Scott decision, and yet everybody agreed that it was a complete smear on our name and it was a terrible, terrible decision.”

On the other side was Lynn Jackson, the great-great-granddaughter of Dred Scott, who runs the Dred Scott Foundation of St. Louis, who hoped the event could foster something bigger. “It’s an open door for us to say if the Scotts and the Taneys can reconcile, can’t you?” she asked. “If you look at relationships in our nation, these are supposed to be the two who are really supposed to hate each other. But it’s not about hatred, it’s about understanding, and then relationship building and trust.”

There had been discussions about removing Taney’s statue from the Maryland Capitol grounds at the time but the families opposed it.  They suggested it would be more appropriate to put up a statue of Scott and one of Frederick Douglass, who escaped from slavery in Maryland and became a national abolitionist leader.

It wasn’t to be.  The state removed Taney’s statue in 2017, two days after Baltimore Mayor Catherine Pugh ordered removal of a replica of the statue from city property.

In December of 2022, the United States House of Representatives completed the process of ordering the removal of a bust of Taney from the old House Chamber that was used by the Supreme Court until its own building was constructed.  Maryland Congressman Stenny Hoyer, who noted that every day he served in a chamber that had been built by slaves, said, “While we cannot remove the stones and bricks that were placed here in bondage, we can ensure that the moveable pieces of art we display here celebrate freedom, not slavery, not sedition, not segregation….”His narrow-minded originalist philosophy failed to acknowledge America’s capacity for moral growth and for progress. Indeed, the genius of our Constitution is that it did have moral growth, it did have expanded vision, it did have greater wisdom. Taney’s ruling denied Black Americans citizenship, upheld slavery, and contributed, frankly, to the outbreak of the Civil War.”

The bust was removed on February 9, 2023 and replaced by a bust of Thurgood Marshall, a civil rights attorney who played a key role in the 1954 Supreme Court ruling that ended segregated schools in America, and later the first black member of the U. S. Supreme Court.

Taney County, Missouri was carved out of Wayne County by the state legislature in 1835, the year that Andrew Jackson appointed Taney to succeed Chief Justice John Marshall, who had died earlier that year.  Taney’s nomination was confirmed in 1836, making him the first Catholic to serve on the court. Taney County was formally recognized as an organized county in 1837, almost twenty years before the ruling that became the deciding “smear” on his record and on his descendants’ name.

In advocating for the removal of the Taney bust from the national capital, Congressman Stenny Hoyer noted the duality of history when he said, “We ought to know who Roger Brooke Taney was, a man who was greatly admired in his time in the state of Maryland. But he was wrong. Over 3 million people visit our Capitol each year. The people we choose to honor in our halls signal to those visitors which principles we cherish as a nation.”

There are no known statues of Taney in Taney County and there has been no overt move to change the name of the county. The name honors the distinguished public servant that he was, not the jurist who wrote one opinion that overshadows everything else he wrote or was.

Taney, the man, is a reminder of something else said by the man he swore in as President of the United States when he delivered his annual message to Congress late in 1862:

“The dogmas of the quiet past, are inadequate to the stormy present. The occasion is piled high with difficulty, and we must rise — with the occasion. As our case is new, so we must think anew, and act anew. We must disenthrall ourselves, and then we shall save our country.

Fellow-citizens, we cannot escape history. We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation.”

Sometimes words cross all barriers of time. Taney’s words. Lincoln’s words. Words of yesterday become words of today. It is up to us to decide what to do with them.

(Photo credits: National Judicial College, Library of Congress)

 

BONUS:  SCOTUS SAYS TRUMP CAN STAY; MISSOURI PRECEDENT

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We interrupt today’s regular entry to bring you this perspective on the big news of the morning, so far:

The United States Supreme Court today unanimously ruled that Colorado cannot keep Donald Trump off its presidential primary ballot. All nine judges wrote separate opinions explaining why states cannot determine who will run in national elections based on Section three of the Fourteenth Amendment, which Colorado and some other states had cited to kick Trump off the ballot for taking part in an insurrection.

The Supreme Court says the authority to enforce that section that bars those involved in insurrections from holding office rests with Congress, not the states.

Would Congress do that?  Some of those disappointed in today’s ruling say a Congress that works the way a Congress is supposed to work would be far more likely to do it than today’s dysfunctional bunch.

Today’s ruling has a Missouri precedent, sort of.

In the early 1990s, when Missouri and 22 other states made the mistake of enacting term limits on members of their legislatures, an effort also was made to limit the amount of time members of Congress could serve. The Arkansas Supreme Court threw out the law in that state and U. S. Term Limits took the case to the Supremes, where justices voted 5-4 in 1995 that the requirements for service in the United States House and the United States Senate are established in the U. S. Constitution which trumps state laws or state constitutions.

NO VICTIM, NO LOSS

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Author Ally Carter has this perspective:

“Denying the undeniable just makes you sound like a fool as well as a liar.”

Who might she be talking about if she had said that recently?

A high-rolling braggart lies about the value of his property so he can get better loan terms for the acquisition of other properties.  He makes all of his payments, bless his heart.

But a judge says he is a major fraudster and nails him with a big penalty and tells him not to do any more of his shady business in the state for three years.

And the judge gets hammered by apologists for the liar who say making timely payments on fraudulently–obtained loans excuses the lies that were told to get those loans at favorable rates.  Some say it’s the banks’ own fault if they were harmed because they didn’t check the records to see if they had been lied to.

To set the record straight:

It all began with the lies.  Whatever resulted, including the loss of additional fund through required higher payments began with lies. It is inescapable that the liar is responsible for whatever is the unfavorable result for the lenders.

Lies have victims.  And if those lies result in lost income because they resulted in lower-than-usual interest rates on loans, there is a loss.

Timely payments are not a factor; Congenital lying is a factor.

Fraud is fraud no matter how consistently a fraudulently-obtained loan is paid off.

There was a victim, or there were victims.

They lost because a customer lied to them.

The liar’s denial of it, whining about it, blaming someone else for it is just deepening the lie.

It all started with lies.  A lot of lies.

The liar profited from his lies.

There were losses.

There were victims.

And there must be consequences lest we say lies are acceptable.

Liars succeed when people lack the courage or the involvement to call them to task.  This time a judge who carefully looked at the long track record of deceit decided  to set a price on the lying,.

We wonder if, in his private moments, the liar admits to himself that he is and has been a liar. Surely he must know that. Perhaps that is why his only defense is to keep lying.

But slowly, slowly, it is harder for those with a shred of honesty about them to keep defending the liar.

How many more times will the integrity of the legal system have to rule before the followers of the liar realize they have reached a tipping point?

How long before they realize THEY are the biggest victims?  How long before they realize what they have lost?

 

The advice  

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It seems so pure.  But its truth, spoken 250 years ago, is an ideal too seldom sought and even less seldom in today’s politics, achieved.

The great British statesman Edmund Burke spoke to the electors of Bristol on November 3, 1774 of the responsibilities of those in elective positions who represent a people. In his remarks, he dismisses those who say only that they represent the will of the voters of their district. But he also is dismissive of those who become renegades within the system who focus only one their wishes and interests.

The language is more Shakesearean than contemporary political rhetoric, of course.  But the message is clear and one part of this speech is especially meaningful. C0onsider it advice to those who serve us:

I am sorry I cannot conclude without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by at a time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject.

He tells you that “the topic of instructions has occasioned much altercation and uneasiness in this city;” and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions.

Certainly, gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communication with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their business, unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs; and above all, ever, and in all cases, to prefer their interest to his own. But his unbiassed opinion, his mature judgment, his enlightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure; no, nor from the law and the constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.

My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If government were a matter of will upon any side, yours, without question, ought to be superior. But government and legislation are matters of reason and judgment, and not of inclination; and what sort of reason is that, in which the determination precedes the discussion; in which one set of men deliberate, and another decide; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments?

To deliver an opinion, is the right of all men; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear; and which he ought always most seriously to consider. But authoritative instructions; mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,–these are things utterly unknown to the laws of this land, and which arise from a fundamental mistake of the whole order and tenor of our constitution.

Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices, ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far, as any other, from any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for.

You choose a member indeed; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the real good of the rest of the community, the member for that place ought to be as far, as any other, from any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for.

Substitute “legislature” or “congress” for “parliament,” and it seems from here that this advice is timeless and needs to be understood and heeded by those we send to represent us. But we also should acknowledge that we have a responsibilies, too, as Burke pointed out. There is no escaping our responsibility to send the best people to represent our best interests.

And if they fail us, it is our responsibility to replace them with those won’t.  That, of course, requires us to pay attention to what they do and requires them to report to us with “a respectful frankness.”  The times demand more of us than we have been giving. If we are to expect for from them we must expect more from ourselves.

(Photo credit: American Enterprise Institute)

Rape Theology

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The Missouri Senate went after the legislature’s favorite annual punching bag the other day—Planned Parenthood.  It argued about a bill that would keep the organization from collecting Medicaid reimbursements for dispensing family planning and other women’s health services including cancer screenings.

Planned Parenthood hasn’t provided abortions for a couple of years in Missouri.  But that’s not enough for the PP-haters who don’t want the folks working for the organization to even say the word. And suggesting someone who has thought through the issue and still wants an abortion to places in other states, well, that is calamitous.

One Senator wants to make it a crime for a woman to seek an abortion—although she’d have to leave the state to have it.  He also would have rapists castrated or shot.

Apparently the Senator is not familiar with Article 1, section 8, Clause 3 of the United States Constitution that gives Congress exclusive power over trade among the states. It also limits state powers to limit interstate commerce. And abortions ARE interstate commerce. But ignoring the U. S. Constitution has not been a problem in the legislature on the hot issue du jour for some time.

Another Senator says rapists should get the death penalty and suggested forcing the victim to carry the fetus to term created by the rapist who should be executed “may even be the greatest healing agent you need in which to recover from such an atrocity.”

Still another suggested that rape might be “mentally taxing…(but) it doesn’t justify an abortion.”

Missouri Independent reports she continued, “God does not make mistakes. And for some reason he allows that to happen. Bad things happen. I’m not gonna be able to support the amendment because I am very pro-life.”

I have often remarked that nothing screws up faith more than religion, or as one of my favorite cartoonists expressed it a few years ago:

To describe rape as “mentally taxing” is completely inappropriate.  So is the idea that executing the rapist would be a great healing agent. An African-American member of the senate attributed her existence to the rape of her great-grandmother, a slave, who by her white master.  The event was “mentally taxing” enough that the victim killed herself.

Several years ago, a similar argument against putting rape and incest exemptions into the abortion was pushed by a woman state representative who argued that it is God’s will that  something beautiful (the birth of a child) could result from something so bad as rape or incest.

I wrote in the old Missourinet Blog that, that kind of reasoning argues against rape being a crime. If God intended something beautiful, a baby, to result from something so ugly as a rape or incest, then God must have intended for the rape and incest to happen—especially since God is perfect.  And if that’s the case, rape should be considered an Act of God, not a crime.  After all, God does not make mistakes.

This is why we have, presumably, a separation of church and state.  Religious Dogma should not replace a law of humanity.  But it does and there are many who want to erase that separating line entirely. To do so would thus make one religion more free than others. And that would mess up the idea that this is a nation that practices religious freedom.

My theocracy is better than your theocracy. My God is better than your God. That’s what it all boils down to.

The major flaw in the “God does not make mistakes” argument is that God created people who make mistakes because God gave people free will.

So we live in an imperfect world and reconciling the imperfections in a way that makes living more humane is a never-ending argument. Killing others in the name of God has only produced never-ending wars.

Killing the rapist raises questions about the entire right to life philosophy. Would it be a “healing agent” to kill the rapist of a pregnant ten-year old girl who will likely not understand why she is left to bear what some consider God’s Gift? And if the product of a rape is a gift from God, how can killing the bearer of that gift be considered correct policy?

It is not our intention here to argue whether there should be abortions. But there are two innocent lives involved, not one.  And to try to make rape a theological issue is a political Gordian knot.

If we accept that God is perfect then we must accept that it was God’s will that we mortals are imperfect. And as imperfect creatures we make imperfect decisions. The challenge is in determining the fairness of the way we deal with those imperfections.

Maybe some issues are beyond the law and ongoing gyrations trying to make them fit within a law that carries equal rights and compassion for everyone the law touches is beyond human capabilities.  In those instances, the decision should rest with the individual, their doctor, and God.

Turn to faith, not religion, for the ultimate guidance.