On December 15, 1791, Virginia ratified the first ten Amendments to the U.S. Constitution: The Bill of Rights took effect.
In 1941, on the 150th anniversary of the ratification, President Franklin D. Roosevelt declared that December 15th would be Bill of Rights Day.
Now it may not be circled red on your calendar, but few events in American history are more important –or the source of more controversy — than the ratification of the Bill of Rights. These Ten Amendments (not Commandments!) are at the heart of the most precious rights guaranteed by the Constitution, including the First Amendment’s guarantees of speech, religion, the press, peaceable assembly and the right to petition. They are also at the heart of some of our most pressing controversies, including the right to bear arms, the rights of the accused under the American system of justice, and the power of the states versus the federal government.
Here is the Preamble to the Bill of Rights:
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
The full text and history of the Bill of Rights can be found the site of the National Constitution Center, which also offers an interactive Constitution app.
In Philadelphia, they celebrate Bill of Rights Day at the Constitution Center and you can find some good resources there.
I hope you’ll take some time to read these precious Amendments today. It doesn’t take long and it is well worth the effort.
Happy Bill of Rights Day!
In the Shadow of Liberty: The Hidden History of Slavery, Four Presidents, and Five Black Lives was named to the 2018 Tayshas Reading List” by the Texas Library Association.The complete list can be found here.
(Revision of post first published 12.11.2103)
It’s that time of year. Cue the lights, decorations, music.… and the “War on Christmas.”
Proclaiming a secular assault on the religious significance of the holiday has become a seasonal staple, just like the Macy’s Parade with Santa Claus. The President made saying “Merry Christmas” a campaign issue and it has been a staple of conservative talk show hosts for years.
The basic premise: Christmas is under attack by Grinchy atheists and secular humanists who want to remove any vestige of Christianity from the public space. Any criticism of public displays devoted to religious symbols –mangers, crosses, stars — is seen by these folks as part of a wider attack on “Christian values” in America. Mass market retailers who substituted “Happy Holidays” for “Merry Christmas” are part of the conspiracy to “ruin Christmas.”
But in fact, most religious displays are not banned. Courts simply direct that one religion cannot be favored over another under the Constitutional protections of the First Amendment. Christmas displays are generally permitted as long as menorahs, Kwanzaa displays, and other seasonal symbols are also allowed.
In other words, the “War on Christmas” is pretty much a phony war. But where did this all start?
The first laws against Christmas celebrations and festivities in America came during the 1600s –from the same wonderful folks who brought you the Salem Witch Trials — the Puritans. (By the way, H.L. Mencken once defined Puritanism as the fear that “somewhere someone may be happy.”)
“For preventing disorders, arising in several places within this jurisdiction by reason of some still observing such festivals as were superstitiously kept in other communities, to the great dishonor of God and offense of others: it is therefore ordered by this court and the authority thereof that whosoever shall be found observing any such day as Christmas or the like, either by forbearing of labor, feasting, or any other way, upon any such account as aforesaid, every such person so offending shall pay for every such offence five shilling as a fine to the county.”
–From the records of the General Court,
Massachusetts Bay Colony
May 11, 1659
The Founding Fathers of the Massachusetts Bay Colony were not a festive bunch. To them, Christmas was a debauched, wasteful festival that threatened their core religious beliefs. They understood that most of the trappings of Christmas –like holly and mistletoe– were vestiges of ancient pagan rituals. More importantly, they thought Christmas — the mass of Christ– was too “popish,” by which they meant Roman Catholic. These are the people who banned Catholic priests from Boston under penalty of death.
This sensibility actually began over the way in which Christmas was celebrated in England. Oliver Cromwell, a strict Puritan who took over England in 1645, believed it was his mission to cleanse the country of the sort of seasonal moral decay that Protestant writer Philip Stubbes described in the 1500s:
‘More mischief is that time committed than in all the year besides … What dicing and carding, what eating and drinking, what banqueting and feasting is then used … to the great dishonour of God and the impoverishing of the realm.’
In 1644, Parliament banned Christmas celebrations. Attending mass was forbidden. Under Cromwell’s Commonwealth, mince pies, holly and other popular customs fell victim to the Puritan mission to remove all merrymaking during the Christmas period. To Puritans, the celebration of the Lord’s birth should be day of fasting and prayer.
In England, the Puritan War on Christmas lasted until 1660. In Massachusetts, the ban remained in place until 1687.
So if the conservative broadcasters and religious folk really want a traditional, American Christian Christmas, the solution is simple — don’t have any fun.
Read more about the Puritans in Don’t Know Much About® History and America’s Hidden History. The history behind Christmas is also told in Don’t Know Much About® The Bible.
Like the Macy’s parade, here is my Thanksgiving tradition. I post two articles about the holiday that I wrote for the New York Times.
The first, from 2008, is called “A French Connection” and tells the story of the real first Pilgrims in America. They were French. In Florida. Fifty years before the Mayflower sailed. It did not end with a happy meal. In fact, it ended in a religious massacre.
TO commemorate the arrival of the first pilgrims to America’s shores, a June date would be far more appropriate, accompanied perhaps by coq au vin and a nice Bordeaux. After all, the first European arrivals seeking religious freedom in the “New World” were French. And they beat their English counterparts by 50 years. That French settlers bested the Mayflower Pilgrims may surprise Americans raised on our foundational myth, but the record is clear.
The complete story can be found in America’s Hidden History.
The second is “How the Civil War Created Thanksgiving” (2014) and tells the story of the Union League providing Thanksgiving dinners to Union troops.
Of all the bedtime-story versions of American history we teach, the tidy Thanksgiving pageant may be the one stuffed with the heaviest serving of myth. This iconic tale is the main course in our nation’s foundation legend, complete with cardboard cutouts of bow-carrying Native American cherubs and pint-size Pilgrims in black hats with buckles. And legend it largely is.
In fact, what had been a New England seasonal holiday became more of a “national” celebration only during the Civil War, with Lincoln’s proclamation calling for “a day of thanksgiving” in 1863.
Enjoy them both. Now for some football.
“The eleventh hour of the eleventh day of the eleventh month.”
(This is a revised version of a post originally written for Veterans Day in 2011. The meaning still applies.)
On Veterans Day, a reminder of what the day once meant and what it should still mean.
That was the moment at which World War I –then called THE GREAT WAR– largely came to end in 1918, on the eleventh hour of the eleventh day of the eleventh month.
One of the most tragically senseless and destructive periods in all history came to a close in Western Europe with the Armistice –or end of hostilities between Germany and the Allied nations — that began at that moment. Some 20 million people had died in the fighting that raged for more than four years since August 1914. The formal end of the war came with the Treaty of Versailles in June 1919.
Besides the war casualties, an estimated 100 million people died during the war of the Spanish flu, a worldwide pandemic that was completely linked to the war and had an impact on its outcome. That is the subject of my forthcoming book, More Deadly Than War:The Hidden History of the Spanish Flu and the First World War. (May 15, 2018)
The date of November 11th became a national holiday of remembrance in many of the victorious allied nations –a day to commemorate the loss of so many lives in the war. And in the United States, President Wilson proclaimed the first Armistice Day on November 11, 1919. A few years later, in 1926, Congress passed a resolution calling on the President to observe each November 11th as a day of remembrance:
Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and
Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and
Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.
Of course, the hopes that “the war to end all wars” would bring peace were short-lived. By 1939, Europe was again at war and what was once called “the Great War” would become World War I. With the end of World War II, there was a movement in America to rename Armistice Day and create a holiday that recognized the veterans of all of America’s conflicts. President Eisenhower signed that law in 1954. (In 1971, Veterans Day began to be marked as a Monday holiday on the third Monday in November, but in 1978, the holiday was returned to the traditional November 11th date).
Today, Veterans Day honors the duty, sacrifice and service of America’s nearly 25 million veterans of all wars, unlike Memorial Day, which specifically honors those who died fighting in America’s wars.
We should remember and celebrate all those men and women. But lost in that worthy goal is the forgotten meaning of this day in history –the meaning which Congress gave to Armistice Day in 1926:
to perpetuate peace through good will and mutual understanding between nations …
inviting the people of the United States to observe the day … with appropriate ceremonies of friendly relations with all other peoples.
The Library of Congress offers an extensive Veterans History Project.
The Veterans Administration website offers more resources on teaching about Veterans Day.
Read more about World War I and all of America’s conflicts in Don’t Know Much About History and Don’t Know Much About the American Presidents.
I discuss the role of Americans in battle in more than 240 years of American history in THE HIDDEN HISTORY OF AMERICA AT WAR: Untold Tales from Yorktown to Fallujah (Hachette Books and Random House Audio). My forthcoming book, MORE DEADLY THAN WAR: The Hidden History of the Spanish Flu and the First World War will be published in May 2018.
OK class. Primary Sources time. Here are three documents explaining the reasons behind Confederate secession and one notable speech by the vice president of the Confederacy, known as the “Corner-Stone” speech. They make clear what the war was about.
“But an increasing hostility on the part of the non-slaveholding States to the institution of slavery.“
“For the last ten years we have had numerous and serious causes of complaint against our non-slave-holding confederate States with reference to the subject of African slavery.”
“that the servitude of the African race, as existing in these States, is mutually beneficial to both bond and free, and is abundantly authorized and justified by the experience of mankind, and the revealed will of the Almighty Creator”
“Our new government is founded upon exactly the opposite idea; its foundations are laid, its corner- stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition.”
–Alexander Stephens, Vice President of the Confederacy
The controversy over the removal of Confederate Monuments has provoked some fine journalism and opinion writing; Here are a few examples of history in the headlines:
Answer: All of the enslaved people in Yorktown who had escaped to the British in hopes of freedom.
When the British forces under Cornwallis surrendered to George Washington and his French allies on October 19, 1781, the terms of capitulation included the following phrase
It is understood that any property obviously belonging to the inhabitants of these States, in the possession of the garrison, shall be subject to be reclaimed.
(Article IV, Articles of Capitulation; dated October 18, 1781. Source and Complete Text: Avalon Project-Yale Law School)
Thousands of escaped enslaved people had flocked to the British army during Cornwallis’s campaign in Virginia in what has been called the “largest slave rebellion in American history.”
They had come in the belief that the British would free them. Cornwallis had put them to work on the British defense works around the small tobacco port, and when disease started to spread and supplies ran low, Cornwallis forced hundreds of these people out of Yorktown. Many more died from epidemic diseases and the shelling of American and French artillery during the siege.
The African Americans in Yorktown included at least seventeen people who had left Washington’s Mount Vernon plantation with the British, as well as members of Thomas Jefferson’s enslaved community also captured earlier in 1781. They were all returned to bondage, along with thousands of others as Virginian slaveholders came to Yorktown to recover their “property.”
Among them was Isaac Granger Jefferson, a five-year-old boy who was returned to Monticello and later told his story.
The stories of some of the people “reclaimed” by Washington are told in my new book, IN THE SHADOW OF LIBERTY; The Hidden History of Slavery, Four Presidents, and Five Black Lives.
The Battle of Yorktown and role of African-American soldiers there –as well as the fate of the enslaved people in the besieged town — are featured in THE HIDDEN HISTORY OF AMERICA AT WAR: Untold Tales from Yorktown to Fallujah.
“A fascinating exploration of war and the myths of war. Kenneth C. Davis shows how interesting the truth can be.” –Evan Thomas, New York Times-bestselling author of Sea of Thunder and John Paul Jones
Scheduled for publication in May 2018 by Henry Holt, this book recounts the story of the most deadly epidemic in modern times, the Spanish Flu pandemic, which struck the world 100 years ago during the last months of World War I.
Invisible. Incurable. Unstoppable.
From bestselling author Kenneth C. Davis comes a fascinating account of the Spanish influenza pandemic that swept the world from 1918 to 1919.
With 2018 marking the centennial of the worst disease outbreak in modern history, the story of the Spanish flu is more relevant today than ever. This dramatic narrative, told through the stories and voices of the people caught in the deadly maelstrom, explores how this vast, global epidemic was intertwined with the horrors of World War I – and how it could happen again. Complete with photographs, period documents, modern research, and firsthand reports by medical professionals and survivors, this book provides captivating insight into a catastrophe that transformed America in the early twentieth century.
I will be writing more about the book and the subject of the Spanish Flu and the “war to end all wars” as we get closer to publication date. In the meantime, I hope you will also read my previous book IN THE SHADOW OF LIBERTY.
“Mob rule cannot be allowed to override the decisions of our courts.”
Following the landmark decision to desegregate public schools (Brown v Board of Education, 1954), there was widespread resistance to the orders. In 1957, the integration crisis came to a head in Little Rock, Arkansas, where Governor Orval Faubus challenged efforts by the school board to institute a gradual school desegregation process. He ordered state National Guard troops to defy Federal law and stop nine African-American students from attending an all-white high school.
On September 4, 100 armed National Guard troops encircled Central High School as a mob of white civilians gathered, shouting racial epithets and threatening the black teenagers. The National Guard troops refused to let the black students pass. One of the nine, 15-year-old Elizabeth Eckford, was surrounded by the mob, which threatened to lynch her. She was finally led to safety by a sympathetic white woman.
Images of the subsequent mob violence directed towards the “Little Rock Nine” were seen around the world. In response, President Dwight D. Eisenhower, on September 24, 1957, announced he would send in federal troops to defend the court ruling and protect the children.
President Dwight D. Eisenhower, “Radio and Television Address to the American People on the Situation in Little Rock,” (September 24, 1957)
For a few minutes this evening I want to speak to you about the serious situation that has arisen in Little Rock. To make this talk I have come to the President’s office in the White House. I could have spoken from Rhode Island, where I have been staying recently, but I felt that, in speaking from the house of Lincoln, of Jackson and of Wilson, my words would better convey both the sadness I feel in the action I was compelled today to take and the firmness with which I intend to pursue this course until the orders of the Federal Court at Little Rock can be executed without unlawful interference.
In that city, under the leadership of demagogic extremists, disorderly mobs have deliberately prevented the carrying out of proper orders from a Federal Court. Local authorities have not eliminated that violent opposition and, under the law, I yesterday issued a Proclamation calling upon the mob to disperse.
This morning the mob again gathered in front of the Central High School of Little Rock, obviously for the purpose of again. preventing the carrying out of the Court’s order relating to the admission of Negro children to that school.
Whenever normal agencies prove inadequate to the task and it becomes necessary for the Executive Branch of the Federal Government to use its powers and authority to uphold Federal Courts, the President’s responsibility is inescapable.
In accordance with that responsibility, I have today issued an Executive Order directing the use of troops under Federal authority to aid in the execution of Federal law at Little Rock, Arkansas. This became necessary when my Proclamation of yesterday was not observed, and the obstruction of justice still continues.
Complete text and Source: Dwight D. Eisenhower: “Radio and Television Address to the American People on the Situation in Little Rock.,” September 24, 1957. Online by Gerhard Peters and John T. Woolley, The American Presidency Project.
Airborne troops escort African American students into Little Rock High School (Source: National Archives)
The National Park Service has a page on the Little Rock High School National Historic Site.
Also recommended is a series on education and race in America today, including “The Resegregation of Jefferson County” in the New York Times Magazine.
Answer: On September 17, Washington signed the parchment copy first, as President of the convention.
On September 17, 1787, 39 delegates to the Constitutional Convention meeting in Philadelphia, voted to adopt the United States Constitution.
To recap these events:
Working from May 25, when a quorum was established, until September 17, 1787, when the convention voted to endorse the final form of the Constitution, the delegates gathered in Philadelphia’s Pennsylvania State House were actually obligated only to revise or amend the Articles of Confederation. Under those Articles, however, the government was plagued by weaknesses, such as its inability to raise revenues to pay its foreign debts or maintain an army. From the outset, most the convention’s organizers, James Madison chief among them, knew that splints and bandages wouldn’t do the trick for the broken Articles.
The government was broke –literally and figuratively– and they were going to fix it by inventing an entirely new one. James Madison had been studying more than 200 books on constitutions and republican history sent to him by Thomas Jefferson in preparation for the convention. The moving force behind the convention, Madison came prepared with the outline of a new Constitution.
A reluctant George Washington, whose name was placed at the head of list of Virginia’s delegates without his knowledge, was unquestionably spurred by recent events in Massachusetts (Shay’s Rebellion, a violent protest by Massachusetts farmers). Elected president of the convention, he wrote from Philadelphia in June to his close wartime confidant and ally, the Marquis de Lafayette:
I could not resist the call to a convention of the States which is to determine whether we are to have a government of respectability under which life, liberty, and property will be secured to us, or are to submit to one which may be the result of chance or the moment, springing perhaps from anarchy and Confusion, and dictated perhaps by some aspiring demagogue.
On September 17, Washington signed the parchment copy first, as President of the convention. He was followed by the remaining delegates from the twelve states that sent delegates in geographical order, from north to south, beginning with New Hampshire. (Rhode Island was the only state that did not send a delegation.) When the last of the signatures was added –that of Abraham Baldwin of Georgia– Benjamin Franklin gazed at Washington’s chair, on which was painted a bright yellow sun. He then spoke, as James Madison recorded it:
I have, said he, often in the course of a session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the President without being able to tell if it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting sun.
In another perhaps more apocryphal tale, Franklin left the building and was confronted by a lady who asked, “Well Doctor, do we have a monarchy or a republic?” The witty sage of Philadelphia replied,
“A republic, madam, if you can keep it.”
This post is excerpted from America’s Hidden History, which offers fuller account of the Convention and the events that led to it. You can also read more about the Constitutional Convention and the Constitution in Don’t Know Much About History: Anniversary Edition, Don’t Know Much About the American Presidents and In the Shadow of Liberty.
For more about the Constitution, visit these sites:
The National Constitutional Center in Philadelphia and James Madison’s Montpelier