President Abraham Lincoln’s Involvement in the U.S.-Dakota War of 1862

May 21, 2013
President Abraham Lincoln

President Abraham Lincoln

Governor Alexander Ramsey

Governor Alexander Ramsey

Edwin Stanton

Edwin Stanton

 

 

 

 

 

 

 

 

On August 21, 1862, President Abraham Lincoln learned about the start four days earlier of the U.S.-Dakota War in southern Minnesota. This was the news in a telegram from Minnesota Governor Alexander Ramsey to U.S. Secretary of War Edwin Stanton. It said, “The Sioux [Dakota] Indians on our western border have risen, and are murdering men, women, and children.” [1]

Another telegram came from Governor Ramsey four days later (August 25th). He said the War was worsening, and the “panic among the people has depopulated whole counties.” As a result, Ramsey requested an extension of the deadline for a U.S. draft of an additional 5,360 men for the Civil War.

This was not good news for Lincoln and his Administration. The Civil War was not going well for the North, which desperately needed more troops. Indeed, earlier that month the President had ordered the call up of 300,000 additional men. Although Minnesota’s quota of 5,360 was not large, such an extension could set a dangerous precedent for other states and thus the Union Army. In addition, the Administration needed the troops because of fear that the Confederate states were attempting to enlist Indians in the northwest as allies.

Therefore, Secretary Stanton denied Ramsey’s request, prompting the latter’s August 27th direct request to Lincoln for a month’s extension to cope with half of the state’s population being “refugees.” This time Lincoln responded the same day to Ramsey. Lincoln’s telegram said, “Attend to the Indians. If the draft can not proceed, of course, it will not proceed. Necessity knows no law. The government cannot extend the time.” (Emphases in original.) In other words, a de facto extension was granted.

General John Pope

General John Pope

In addition, on September 5th the Administration granted another Ramsey request, this one to create a new military Department of the Northwest. Its commander appointed that day by Lincoln was General John Pope, who had just suffered defeat at the Second Battle of Bull Run (Second Manassas) and whom Lincoln wanted out of the Civil War.

Pope arrived in Minnesota on September 16th and immediately wired his superior in Washington, D.C. that there would be a loss of half the population of Minnesota and Wisconsin and “a general Indian war all along the frontier, unless immediate steps are taken to put a stop to it.”

Colonel Henry H. Sibley

Colonel Henry H. Sibley

Therefore, General Pope ordered Colonel Henry Hastings Sibley to destroy Indian farms and food. Pope said, “It is my purpose utterly to exterminate the Sioux [Dakota] if I have the power to do so and even if it requires a campaign lasting the whole of next year. They are to be treated as maniacs or wild beasts, and by no means as people with whom treaties or compromises can be made.” (Emphasis added.)[2]

By the end of September, however, the U.S.-Dakota war was over with the surrender of many Dakota to the U.S. Army and the escape of the other Indians to the west. Military commissions were then established to try the captured Dakota men. These commission proceedings and President Lincoln’s review of its judgments will be subjects of future posts.

Another important issue was weighing on President Lincoln at this time was preparing the Emancipation Proclamation and deciding when to release it.

He did so in a preliminary version on September 22nd that declared he would order the emancipation of all slaves in any state of the Confederate States of America which had not returned to Union control by January 1, 1863. None returned.

Emancipation Proclamation

Emancipation Proclamation

Thus, the actual Proclamation, which was issued on January 1, 1863, proclaimed all those enslaved in Confederate territory to be forever free, and ordered the U.S. Army (and all segments of the Executive branch) to treat as free all those enslaved in that territory.

[1]  A prior post contained a brief account of the War. This post is based upon Chapter VII “Rebellion in Minnesota: ‘A Most Terrible and Exciting Indian War,’” in David A. Nichols, Lincoln and the Indians: Civil War Policy and Politics (Minn. Historical Soc’y Press; 1978, 2000, 2012). This enjoyable book is regarded as the definitive study of President Lincoln’s policies and actions regarding Native Americans, and a future post will rely upon its discussion of President Lincoln’s review of the U.S. military commission’s convictions and sentences of Dakota men after the War.

[2] General Pope’s statement along with a similar statement at the time by Governor Ramsey raise interesting legal issues that will be discussed in another post.

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Jury Duty

May 18, 2013
Hennepin County Government Center

Hennepin County Government Center

In late April I received a Minnesota Jury Summons ordering me to appear at the Hennepin County Government Center in downtown Minneapolis on May 6th for two weeks of jury duty.[1]

The form advised me that my name “was randomly selected from a list of licensed drivers, state identification card holders and registered voters in [the County].” Each year approximately 30,000 such summonses are issued.

The Summons contained a Qualification Questionnaire that had to be answered and returned to the court within 10 days. In addition to basic personal information, the Questionnaire asked if you were a U.S. citizen, were at least 18 years of age and a resident of Hennepin County, were able to communicate in English, had any physical or mental disability that would affect your ability to serve, had ever been convicted of a felony, had been on jury duty in the State in the past four years and were a judge in the judicial branch.

Although I was eligible for an automatic excuse from such duty for people over 70 years of age, I did not exercise this right. I thought I was fit and able and should fulfill this obligation of citizenship. As a former lawyer who tried some jury cases, I also thought it would be educational and interesting to see the trial process from a different perspective. I thus answered the call for service even though I thought it most unlikely that I would sit on a jury because trial lawyers are reluctant to allow current or former lawyers on a jury due to fear that they would dominate other jurors and use their pre-existing  legal knowledge to influence their decision.

On May 6th at 8:15 a.m. I joined 124 other citizens in reporting for duty in the Jury Assembly Room at the Government Center. Our attendance was taken by having the bar codes on our summonses read electronically.

Before we watched a movie describing the jury system in Minnesota and read the State’s Jury Handbook, we were told there were 105 pending cases that might require juries, that we were not to discuss any cases or read or see any media coverage of cases while we served and that we were not to do any independent Internet or other research or investigation regarding such cases. We also were told not to discuss the cases on any social media until they were over.

Around 10:00 a.m. 14 potential jurors were called and escorted upstairs to the courtroom for a case.

Potential Juror in a Civil Case

Hennepin County Courtroom

Hennepin County Courtroom

A half hour later I was included in a panel of 16 for another case, and we were escorted upstairs to the courtroom of Judge Mel Dickstein[2] for a civil case by an interior design company against Bernard Berrian[3] for alleged unpaid fees for work on a condo in downtown Minneapolis.

Judge Mel Dickstein

Judge Mel Dickstein

After brief introductions of the trial lawyers and their clients, the prospective jurors were subjected to voir dire, questioning by the Judge and then by the lawyers to try to determine if any of us had any reasons why we could not be fair and impartial in this case. This process took an hour in the morning and one and a half hours in the afternoon.

One of the judge’s questions was whether we ever had been deposed, i.e., given sworn testimony before trial. I answered “Yes,” and when I said it had lasted for five days, the Judge asked for my reactions to that experience. I said I often was frustrated and had greater sympathy for the many people I had deposed in my legal career and for the clients I had defended in depositions taken by other lawyers.

When trial lawyers question the prospective jurors, in addition to trying to see if there are reasons for disqualifying an individual, they also have other objectives. They want to obtain a sense of what the individuals are like to aid the lawyers’ exercising their preemptory challenges, i.e., dismissing some individuals for no stated reasons. They also try to give prospective jurors a peak at what their case is about and build rapport with the prospective jurors.

One of the attorneys in this case, I thought, failed in these secondary objectives by engaging in very detailed and unnecessary quasi-cross examination of some of the members of the panel. At least it annoyed me. Finally the judge called the lawyers to the bench and undoubtedly told them to speed up the questioning because thereafter the questioning was much shorter and was soon over.

As I sat in the jury box, I wondered why this case had not settled, as most similar cases do. Each side had two lawyers (or one lawyer and a legal assistant) at the counsel tables, thus increasing the costs of litigation for both parties. In this preliminary phase, we were not told how much money was at stake, but I could not believe it was immense.

Only one of the panel was excused for cause; she was responsible for taking care of her elderly mother. The lawyers then exercised their preemptory challenges. I was one of those thus striken.

I, therefore, returned to the Jury Assembly Room until 4:00 p.m. when I was released for the day. Later I was told that 124 of the 125 citizens in the Room that day had been called upstairs as potential jurors.

The next day (May 7th) 86 other citizens and I reported to the Jury Assembly Room at 9:00 a.m. This included some who had been on On-Call status the prior day. We were told that there were 35 potential jury cases on the trial calendar for the day.

Around 10:30 a.m. a group of potential jurors was called for a case. However, the Room’s computer had gone down, and all of us had to write our names on slips of paper, and the requisite number of slips was drawn at random from a bowl.  I was not included.

At 11: 45 a.m. those of us still in the Room were released for our lunch break.

Potential Juror in a Criminal Case

Judge Lyonel Norris

Judge Lyonel Norris

After we had returned at 1:30 p.m., I was included in a panel of 35 potential jurors and escorted upstairs to the courtroom of Judge Lyonel Norris[4] for a criminal case. The defendant was an African-American man accused of domestic and sexual abuse, as I recall.

Judge Norris and then the lawyers in the case questioned 21 of us who were in the jury box to try to determine if there were any reasons why we could not be fair and impartial jurors in the case. This process lasted the rest of the afternoon until nearly 5:30 p.m. and most of the next morning (May 8th).

We were asked if we or any members of our families, including close friends, had ever been a victim of sexual or physical abuse or ever been accused of such crimes. I was astounded that 9 of the 21 said that they had. Some of the nine were then questioned about the circumstances at the judge’s bench while a “white noise” machine was turned on so that others in the courtroom could not hear what was said. Others of the 9 provided details involving other members of their families in open court. Afterwards one of the 9 was excused when she said she could not be fair and impartial in this case because of the nature of the criminal charges.

I was also surprised by how many of us answered affirmatively to the question of whether we or any members of our families, including close friends, had ever been accused of a crime, including DUI. Most talked about relatives and friends accused of DUI.

Each of the 21 people in the jury box provided basic personal information.  I said that I was a retired lawyer and adjunct law professor, that my wife was also retired, that one of our sons lived in the Twin Cities area and was a principal of a gourmet coffee company, that our other son lived in Ecuador and was the C.E.O. of a non-profit environmental group and that I was an active member of Minneapolis’ Westminster Presbyterian Church.

In response to specific questions, I disclosed I had been a defendant in two civil cases, both of which had been resolved in my favor; that I had testified as a foundation witness in a federal court criminal case; that in the early 1970′s I had been a pro bono (no fee) lawyer for the Minnesota Civil Liberties Union in a lawsuit against a group of Minneapolis policemen for a political raid and that we had obtained compensatory and punitive damages against some of the defendants; that although I had never practiced criminal law, I had become interested in international criminal justice and the International Criminal Court as a result of my teaching international human rights at the Law School; and that my wife had been a volunteer coordinator at Minneapolis’ Neighborhood Involvement Program and Chrysalis Women’s Center which had programs for battered women.

After the questioning of the potential jurors was completed, no one else was excused for cause. Again, however, I was striken by the attorneys.

I returned to the Jury Assembly Room and was excused for lunch. When I returned at 1:30 p.m., I was informed that all of the other potential jurors and I were excused from the balance of our jury duty.

This week I received my State compensation for my jury duty $30.00 ($10.00/day) plus $11.34 for mileage.

Conclusion

I was impressed by the operation of the jury system. People in the Jury Assembly Room were attentive to the instructions and information being conveyed and respectful of the court officials and their fellow potential jurors.

In the two courtrooms the judges and trial lawyers were courteous and respectful of one another and of the potential jurors. I was most impressed with the judges’ emphasis of the need to have fair and impartial jurors and by their questioning of us, especially in the criminal case.

I also got to know some of my fellow prospective jurors and was most impressed by all of our ability and willingness to answer in public questions about our personal lives. I certainly believed that all of us were striving to do our best to provide information to the court about our personal circumstances that might affect our ability to be fair and impartial.

[1] Information about jury service is available on websites for the Minnesota State Courts and for the Hennepin County District Court.

[2] Although I knew or had appeared as an attorney before 19 of the 61 Hennepin County District Judges, I had had no prior experience with Judge Dickstein. Later I did research and discovered that he holds undergraduate and law degrees from the University of Minnesota and was a former Assistant U.S. District Attorney and a former Associate and Partner attorney in the Minneapolis law office of Robins Kaplan Miller & Ciresi, with which I had had several cases in my career. Mr. Dickstein was appointed to the bench in 2002 and elected for retention in 2004 and 2010.

[3] As several other prospective jurors and I stated to the court, we recognized Mr. Berrian as a former professional football player who had played for the Minnesota Vikings football team. After I had been dismissed as a juror in the case, I did some research and discovered that he had his own website.

[4] I also had no prior experience with Judge Norris. Later I did research and discovered that he had been a Law Clerk for Judge Michael J. Davis in state and federal courts, an Assistant Public Defender, Public Defender, Director of the Minnesota Department of Education’s Office of Equity and Assistant Federal Defender before he was appointed to the bench by Governor Mark Dayton in 2011 and then elected to retain his judgeship in 2012. Growing up in Washington, D.C., Mr. Norris in an interview after his judicial appointment said he was a runaway and homeless at age 16. He was fortunate to meet someone “in the business of helping kids,” who lead him to Runaway House and later to Carleton College, one of Minnesota’s premier private liberal arts institutions. There he became interested in law and then attended, and was graduated from, the University of Minnesota Law School.

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Save the Minnesota Orchestra!

May 15, 2013
Osmo Vanska

Osmo Vanska

Minnesota Orchestra @ Orchestra Hall

Minnesota Orchestra @ Orchestra Hall

 

Under the baton of Maestro Osmo Vanska in recent years, the Minnesota Orchestra has played beautifully. When they performed at Carnegie Hall in March 2010, a New Yorker reviewer said, “The Minnesota Orchestra sounded, to my ears, like the greatest orchestra in the world.” As Minnesotans, we loved the music produced by the Orchestra and the praise from New York City.

Alas, the Orchestra’s entire 2012-2013 season has been cancelled due to an unresolved dispute over the musicians’ compensation. As a result, some key members of the Orchestra have left for positions elsewhere.

Even more ominous, on April 30, 2013, Maestro Vanska in a letter to the Orchestra’s Board of Directors said, our “musical policy of excellence in symphonic music programming . . . is now under critical threat.” After noting the need to prepare for scheduled recording sessions in September and Carnegie Hall concerts in November (“one of the most significant goals of my entire Minnesota Orchestra tenure”), Vanska said that if those concerts were cancelled, “I will be forced to resign.”

The dispute started last September when the Board proposed a new contract with the musicians that called for an average annual salary of $89,000 with a minimum of a 10-weeks annual paid vacation, a comprehensive medical plan and defined benefit pension plan. This represented a huge decrease from their compensation under the prior contract and was necessitated, according to the Board, by the immediate need to stop additional significant draws on the Orchestra’s endowment.

According to public information, the Musicians rejected this proposal, but have never made a counteroffer on compensation. Instead, they have proposed a review of the Orchestra’s finances and binding arbitration. Such a financial review has been undertaken, but not without apparent disputes regarding some of its details. The Board rejected binding arbitration as inconsistent with their fiduciary duty to guard the endowment.

Most recently the Board proposed submitting the dispute to mediation next week (the week of May 20th), but the Musicians apparently have not yet responded to this proposal.

We are obviously saddened by the ongoing dispute between the Orchestra’s Board and the Musicians. We also have empathy with the Musicians on being presented with a proposal last Fall for a large reduction in compensation. No one wants to be subjected to such a jolt.

Early last December I sent an email to Minnesota Governor Mark Dayton saying the “Orchestra’s cancellation of many concerts has left a major void in the cultural life of the Twin Cities and thus has caused a major negative impact on the quality of life here and in the State as a whole.” After noting that “over the years Dayton family members have been strong supporters of the Orchestra . . . [and] the cancellations have to be particularly sad for you and your family,” I implored the Governor “to become involved in this matter. Publicly invite both sides to meet with you at your office to explore how this dispute could be resolved. If there are any mediation services the State can offer, perhaps that could be offered as well. I also wonder whether there is any State funds that could be provided to help pay for the renovation of Orchestra Hall so that the gifts for same could be re-directed to the endowment to help pay the musicians.”

I received no response from the Governor, and there have been no public reports of his being involved in any way to try to resolve this dispute. I, therefore, reiterate my plea for his help.

On May 5th the Musicians had a full-page ad in the StarTribune that, among other things, called for the Board leaders “to step aside so that truly civic-minded and globally aspirational leadership can step forward” to resolve the dispute. This was a totally unfounded and unwise move by the Musicians, in my opinion. The Board members, some of whom are friends of mine, are all honorable citizen unpaid volunteers who have given of their own time and financial resources to help the Orchestra. Therefore, on May 10th I sent an email to the Musicians that said the following:

  1. “As we understand, the Musicians have never made a counteroffer on compensation. As a retired lawyer, I have been involved in many negotiations to settle legal disputes. The normal process in such negotiations is offer and counteroffer, often with many iterations. A similar phenomenon often occurs in buying a house. Wake up. Engage in the process.
  2. The Musicians must recognize that the national financial collapse of several years ago has caused damage to the finances of many corporations, organizations and individuals and made it more difficult for non-profit organizations to raise charitable contributions. In addition, the low interest rate policies of the Federal Reserve System have made it very difficult for all persons to obtain significant income on their endowments and savings. As a retiree, I am very aware of this phenomenon. So too the Musicians have to be aware of these facts.
  3. The financial problems of our Orchestra are not unique in the U.S. The Musicians obviously are aware of this.
  4. To respond to these facts, as the Musicians have done, with calls for binding arbitration, financial studies, no further negotiations unless the lock-out is ended and resignation of the honorable, unpaid volunteers on the Orchestra’s Board is unreasonable and irresponsible.
  5. In our opinion, the Musicians have known enough from the first day of this dispute to make a counteroffer of reduced compensation, undoubtedly as an initial position by the Musicians the reduction would be modest. But it would facilitate the negotiation process.”

The Orchestra’s website has information about the dispute as does the website for the musicians. The dispute has received extensive coverage in the Minnesota media along with full-page ads by the Board and the Musicians. And the New York Times had an extensive article about the dispute.

End the dispute! Save the Minnesota Orchestra!

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Additional Reflections on the New Testament’s John: 21

May 4, 2013
Westminster Presbyterian Church

Westminster Presbyterian Church

I previously have set forth certain reflections on Chapter 21 of the Gospel of John. Here are additional reflections on that Chapter (full text below) focused on the conversation on the beach between Jesus and Simon Peter.

All of these comments are prompted by sermons from Minneapolis’ Westminster Presbyterian Church‘s Rev. Dr. Timothy Hart-Andersen and former Associate Pastor, Rev. Dr. Anna Carter Florence.

On the boat Peter had stripped off his clothes to avoid their getting entangled in the fishing nets. But when he recognized Jesus, Peter put his clothes back on in perhaps a subconscious attempt to conceal his sinfulness in rejecting Jesus three times after the arrest.

Peter’s covering himself is similar to the reaction of Adam and Eve in the Garden of Eden after eating the forbidden fruit and needing to clothe themselves when God cried out for them. No one wants to be naked before God and exposing all of his or her sins.

After coming ashore and having a delicious, needed breakfast on the beach, Peter was asked a question by Jesus, “Simon son of John, do you truly love me more than these [other disciples]?” Peter responded, “Yes, Lord, you know that I love you.” Jesus did not directly challenge the answer, but did so indirectly with the comment, “Feed my lambs.”  In other words, “Prove your love for me by loving others.”

This scene essentially is repeated two more times.

With his thrice repeated question Jesus implicitly was telling Peter that Jesus knew of his three denials. But Jesus did not criticize or rebuke Peter for these failings. Instead Jesus said to Peter, “Follow me.”

Jesus chose Peter to start the church. And Peter chose to accept this call.

It is another example of God’s choosing a flawed human being to do something new and of that human being’s choosing to accept the call of God.

As a teenager I could not understand why God chose imperfect individuals like Peter and David to do God’s work. Now with many more years of experience, I can see that if God only used perfect ones, all of the rest of us would wait for someone else to answer the call for service, and the work would never get done. Besides, no one is perfect. Flippantly I say, “God is like a beggar, and beggars can’t be choosers.”

====================================================

John 21: 1-19 (New Revised Standard):

  • “After these things Jesus showed himself again to the disciples by the Sea of [Galilee]; and he showed himself in this way.  Gathered there together were Simon Peter, Thomas called the Twin, Nathanael of Cana in Galilee, the sons of Zebedee, and two others of his disciples.  Simon Peter said to them, ‘I am going fishing.’ They said to him, ‘We will go with you.’ They went out and got into the boat, but that night they caught nothing.
  • Just after daybreak, Jesus stood on the beach; but the disciples did not know that it was Jesus.  Jesus said to them, ‘Children, you have no fish, have you?’ They answered him, ‘No.’ He said to them, ‘Cast the net to the right side of the boat, and you will find some.’ So they cast it, and now they were not able to haul it in because there were so many fish. The disciple whom Jesus loved said to Peter, ‘It is the Lord!’ When Simon Peter heard that it was the Lord, he put on some clothes, for he was naked, and jumped into the sea.  But the other disciples came in the boat, dragging the net full of fish, for they were not far from the land, only about a hundred yards off.
  • When they had gone ashore, they saw a charcoal fire there, with fish on it, and bread.  Jesus said to them, ‘Bring some of the fish that you have just caught.’  So Simon Peter went aboard and hauled the net ashore, full of large fish, a hundred fifty-three of them; and though there were so many, the net was not torn.  Jesus said to them, ‘Come and have breakfast.’ Now none of the disciples dared to ask him, ‘Who are you?’ because they knew it was the Lord. Jesus came and took the bread and gave it to them, and did the same with the fish.  This was now the third time that Jesus appeared to the disciples after he was raised from the dead.”
  • “When they had finished breakfast, Jesus said to Simon Peter, ‘Simon son of John, do you love me more than these?’  He said to him, ‘Yes, Lord; you know that I love you.’ Jesus said to him, ‘Feed my lambs.’”
  • “A second time he said to him, ‘Simon son of John, do you love me?’  He said to him, ‘Yes, Lord; you know that I love you.’ Jesus said to him, ‘Tend my sheep.’”
  • “He said to him the third time, ‘Simon son of John, do you love me?’  Peter felt hurt because he said to him the third time, ‘Do you love me?’ And he said to him, ‘Lord, you know everything; you know that I love you.’ Jesus said to him, ‘Feed my sheep.’”
  • “‘Very truly, I tell you, when you were younger, you used to fasten your own belt and to go wherever you wished. But when you grow old, you will stretch out your hands, and someone else will fasten a belt around you and take you where you do not wish to go.’ (He said this to indicate the kind of death by which he would glorify God.) After this he said to him, ‘Follow me.’”

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Reflections on the New Testament’s John 21:1-14

May 1, 2013
Westminster Presbyterian Church

Westminster Presbyterian Church

Prompted by sermons from Minneapolis’ Westminster Presbyterian Church‘s Rev. Dr. Timothy Hart-Andersen and former Associate Pastor, Rev. Dr. Anna Carter Florence, I have been pondering John 21: 1-14 and offer these reflections on this passage of the New Testament.

After the crucifixion and resurrection of Jesus, Simon Peter and six other disciples return to their livelihood of fishing. They go fishing with their nets, not to do recreational fishing with rods and lures. After all, they have to live and support their families. Presumably they go out in the early morning and continue into the night without any success. They are exhausted, frustrated and famished. [1]

Jesus arrives on the scene unsolicited and unannounced.  His arrival shows He recognizes and understands that even his most devoted followers have an ongoing need for inspiration, reminders and encouragement from, and companionship with, Jesus. His appearance could be seen as a test marketing of the Holy Spirit or doing market research on the Holy Spirit with a focus group.

Jesus’ appearance also shows, I believe, that he too desired companionship with his followers. There was a mutuality of interest and desire.

Jesus had good cause to rebuke his disciples that night for their failures after Jesus’ arrest and crucifixion, but Jesus did not do so. Instead, Jesus is the hospitable host. He tells them where they can catch fish [2] and then prepares the camp fire and cooks some of the fish, which he gives with bread to the hungry fishermen-disciples for breakfast. This undoubtedly reminded the disciples of His Last Supper with them when He gave them wine and bread.

The need for the followers of Jesus to be in the every-day world with all of its temptations was emphasized in the anthem “Forth in Thy Name, O Lord, I Go,” by Charles Wesley. Its very first line says, “Forth in thy name, O Lord, I go, my daily labor to pursue.” The rest of the anthem prays for guidance in that daily labor in the real world. It says, “The task thy wisdom hath assigned, O let me cheerfully fulfill; in all my works thy presence find and prove thy good and perfect will.” (Emphasis added; full text below.)

The Wesley anthem also recognizes the dark side of that daily labor with these words, “Preserve me from my calling’s snare and hide my simple heart above the thorns of choking care, the gilded baits of worldly love.” In other words, being involved in the everyday world often leads to idolizing the rewards of the secular world (“the gilded baits of worldly love”), which are the seductions of my daily labor (“my calling’s snare” and the “thorns of choking care”). (Emphasis added.)

The first phrase of this line (“my calling’s snare“) reminded me of the third verse of John Newton’s Amazing Grace: “Through many dangers, toils and snares…we have already come. T’was Grace that brought us safe thus far…and Grace will lead us home.” (Emphasis added.)

The word “snare” is not much used today so I looked it up. “Snare” originally were anchored cable or wire nooses set to catch wild animals such as squirrels and rabbits. More generally the word means something by which an unwary person is entangled, involved in difficulties, or impeded.

Thus, “my calling’s snare,” for me, means the traps that are commonly associated with my calling or profession. As a former lawyer who personally knew at least three lawyers who were convicted of crimes and served time in prison, I can say that “my calling’s snares” include embezzlement of funds entrusted to the attorney, being involved in promoting or concealing fraudulent activities of others, trading securities based on undisclosed inside information and lying or shading the truth of factual representations.

The Lord’s Prayer speaks directly to these snares or traps when it says, “Lead me not into temptation and deliver me from evil.” And the verse of “Amazing Grace” quoted above clearly acknowledges that God’s grace, rather than our own efforts, is the reason why so far we have survived the “dangers, toils and snares.”

Amen.

———————————————–

[1] Some commentators see the disciples’ fishing trip as a sign of their complete apostasy and aimlessness. 9 The New Interpreter’s Bible–Luke and John at 857 (Nashville; Abingdon Press, 1995).

[2] Immediately after following Jesus’ direction of where to fish, the disciples miraculously caught a large number of fish (153 large ones, to be precise).

====================================================

John 21: 1-14 (New Revised Standard):

  • “After these things Jesus showed himself again to the disciples by the Sea of [Galilee]; and he showed himself in this way.  Gathered there together were Simon Peter, Thomas called the Twin, Nathanael of Cana in Galilee, the sons of Zebedee, and two others of his disciples.  Simon Peter said to them, ‘I am going fishing.’ They said to him, ‘We will go with you.’ They went out and got into the boat, but that night they caught nothing.
  • Just after daybreak, Jesus stood on the beach; but the disciples did not know that it was Jesus.  Jesus said to them, ‘Children, you have no fish, have you?’ They answered him, ‘No.’ He said to them, ‘Cast the net to the right side of the boat, and you will find some.’ So they cast it, and now they were not able to haul it in because there were so many fish. The disciple whom Jesus loved said to Peter, ‘It is the Lord!’ When Simon Peter heard that it was the Lord, he put on some clothes, for he was naked, and jumped into the sea.  But the other disciples came in the boat, dragging the net full of fish, for they were not far from the land, only about a hundred yards off.
  • When they had gone ashore, they saw a charcoal fire there, with fish on it, and bread.  Jesus said to them, ‘Bring some of the fish that you have just caught.’  So Simon Peter went aboard and hauled the net ashore, full of large fish, a hundred fifty-three of them; and though there were so many, the net was not torn.  Jesus said to them, ‘Come and have breakfast.’ Now none of the disciples dared to ask him, ‘Who are you?’ because they knew it was the Lord. Jesus came and took the bread and gave it to them, and did the same with the fish.  This was now the third time that Jesus appeared to the disciples after he was raised from the dead.”

=====================================================

Charles Wesley , “Forth in Thy Name, O Lord, I Go:”

  • “Forth in thy name, O Lord, I go, my daily labor to pursue; thee, only thee, resolved to know in all I think or speak or do.
  • The task thy wisdom hath assigned, O let me cheerfully fulfill; in all my works thy presence find and prove thy good and perfect will.
  • Preserve me from my calling’s snare and hide my simple heart above the thorns of choking care, the gilded baits of worldly love.
  • Thee may I set at my right hand whose eyes my inmost substance see, and labor on at thy command and offer all my works to thee.
  • Give me to bear thy easy yoke, and every moment watch and pray, and still to things eternal look,
  • And hasten to thy glorious day; for thee delightfully employ whate’er thy bounteous grace hath given.
  • And run my course with even joy, and closely walk with thee to heaven.

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What Do We Christians Do After Easter?

April 27, 2013

 

Westminster Presbyterian Church

Westminster Presbyterian Church

 

This was the title of the sermon at Minneapolis’ Westminster Presbyterian Church on April 21, 2013, by its Pastor and Head of Staff, Rev. Dr. Timothy D. Hart-Andersen.[1]

 

Rev. Hart-Andersen reminded us of our collective “bad week” with the Boston Marathon bombings, the resulting manhunt, poison letters to our president and a senator, the defeat of a bi-partisan gun control measure, the deaths in the Texas fertilizer plant explosion, the large earthquake in China and a huge snowstorm in Minnesota.  ”There’s something not right with the world, but that’s nothing new. It has ever been thus.”

“We Christians are realists about the human condition. The biblical story is not one long narrative of sweetness and light. Jesus is not Pollyanna. The world is not like that; the brutality of the cross teaches us the reality that there are forces loose in the world and within each of us that lead away from the light, that pull in the direction of death and destruction.”

“Our faith is not meant to ignore that darkness. Nor is it a way to withdraw from it. If we learned nothing else from the cross . . ., at least we learned that we can face the darkness and trust it will not overcome the light. That is the simple message of Easter. Love wins. The Light does not go out. Hope prevails.”

“When we come to worship each week we’re coming to shelter-in-place together, to hold fast to our trust in a God whose love and life and justice will outlast any attempts to deny them. That is the heart of our Easter faith; we need more than ever to exercise that faith in our time.”

In the Biblical text for the day(John 21: 1-14; full text below), Simon Peter and six of the other disciples of Jesus were back at their work of fishing, but without success, on the Sea of Galilee after Jesus’ crucifixion and resurrection. Said Hart-Andersen,”Easter has happened. [The disciples have] left the city. They’ve returned to work. They have families to care for. They have lives to lead, projects to finish, children to raise. . . . They go back home.”

“For the Good News to be good it has to give us hope in the present, right in the midst of all that life throws at us. That’s what occurs to the fishermen; the new hope they have is meant for the everyday world, the world of fishing and feasting and family.”

“What do we do after Easter? Like the disciples, we go back to work, we return to the routine, we get caught up in the mundane stuff of everyday life. In a way nothing has changed; and yet, everything has been altered.”

“Our faith is not something we bring out only on Sundays; in fact, the church is most active during the week, between Sundays, and not in this building, but in our work places, at our schools, in our homes, on the streets. Jesus did not mean for us to become sequestered, holy people, living apart from the world. We were saved to go and be the church in and for the world.”

“If we limit the work of the church only to that which we do within these [church] walls, or on Sundays, or at church events . . ., we miss the whole point of the gospel. . . . [Jesus] gave his life so that we might be called into a community that joins God out there in changing the world.”

“What do we do after Easter? We take that Good News, that gospel, and go right back into the world with it. Wherever we are, we work to end the violence. Whatever we do, we work to bring peace. Whoever we are, we work to restore the goodness of creation. However we do it, we work to give children a better future.”

“We join God who is already at work in the world.”

——————————————–

[1] The church bulletin along with an audio and video recording of the service is online. Other posts discuss other sermons and the ministries of Westminster. One concerned a sermon by a former Westminster Associate Pastor, Rev. Dr. Anna Carter Florence, on the same Biblical text as the April 21st sermon.

=====================================================

John 21: 1-14 (New Revised Standard):

  • “After these things Jesus showed himself again to the disciples by the Sea of [Galilee]; and he showed himself in this way.  Gathered there together were Simon Peter, Thomas called the Twin, Nathanael of Cana in Galilee, the sons of Zebedee, and two others of his disciples.  Simon Peter said to them, ‘I am going fishing.’ They said to him, ‘We will go with you.’ They went out and got into the boat, but that night they caught nothing.
  • Just after daybreak, Jesus stood on the beach; but the disciples did not know that it was Jesus.  Jesus said to them, ‘Children, you have no fish, have you?’ They answered him, ‘No.’ He said to them, ‘Cast the net to the right side of the boat, and you will find some.’ So they cast it, and now they were not able to haul it in because there were so many fish. The disciple whom Jesus loved said to Peter, ‘It is the Lord!’ When Simon Peter heard that it was the Lord, he put on some clothes, for he was naked, and jumped into the sea.  But the other disciples came in the boat, dragging the net full of fish, for they were not far from the land, only about a hundred yards off.
  • When they had gone ashore, they saw a charcoal fire there, with fish on it, and bread.  Jesus said to them, ‘Bring some of the fish that you have just caught.’  So Simon Peter went aboard and hauled the net ashore, full of large fish, a hundred fifty-three of them; and though there were so many, the net was not torn.  Jesus said to them, ‘Come and have breakfast.’ Now none of the disciples dared to ask him, ‘Who are you?’ because they knew it was the Lord. Jesus came and took the bread and gave it to them, and did the same with the fish.  This was now the third time that Jesus appeared to the disciples after he was raised from the dead.”

 

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Evaluations of President Obama

April 24, 2013

Maureen Dowd of the New York Times on April 21st criticized President Barack Obama. She said “he still has not learned how to govern” and “doesn’t know how to work the system.” The next day a similar critique was made in the Times by two “reporters”–Michael Shear and Peter Baker–that used the bullying President Lyndon Johnson as a model of what a president should do in these circumstances.

I disagree with these criticisms, and my letter to that effect was published in the Times on April 24th. I said,

  • “Maureen Dowd asserts that President Obama ‘still has not learned how to govern.’ I disagree.
  • Last week the Senate, by a good majority, voted in favor of expanded background checks and making straw purchases and gun trafficking a federal crime. Those votes were attributable, in part, to strong advocacy by Mr. Obama and Vice President Joseph R. Biden Jr.
  • The true outrage lies in two places.
  • First is the Senate’s filibuster rule, which is being used by the Republicans to require a supermajority vote of 60.
  • Second is the Republican senators’ determination to prevent Mr. Obama from accomplishing anything. Remember Mitch McConnell’s statement in the last Congress that his top priority was to stop Mr. Obama’s re-election.”

This letter was a synopsis of my post, The Outrageous, Dysfunctional U.S. Senate, and my previous blog posts criticizing the Senate’s filibuster rule and the Republican Senators’ obstructionism.

Two columnists for the Washington Post–Greg Sargent and Jonathan Bernstein–also have taken vigorous exception to the opinions of Maureen Dowd and Messrs. Shear and Baker.

Sargent sees this recent criticism of Obama as focusing on his alleged failure “to put enough pressure on red-state Democratic Senators like Mark Begich.” However, says Sargent, even if all four of the red-state Democrats [who voted against the measure instead] had voted for the measure, it still would not have passed because of the 60-vote requirement of the Senate’s filibuster rule. Moreover, if these four Democrats “were basing their vote in the calculation that they need to achieve distance from the president and signal cultural affinity with their red state constituents, as many have speculated, any open pressure [by Obama] would only make the vote harder for them.”

The plain conclusion for Sargent was “the Republican Party — and the 60 vote Senate — are the prime culprits in the killing of [the bi-partisan background-check bill].”

Bernstein has had enough of others comparing Obama to President Lyndon Johnson. Bernstein pointed out the following reasons why such a comparison is inappropriate:

  1. The situation for Johnson was very different. He had huge majorities in both chambers of Congress, and in the aftermath of a presidential assassination, there was a strong national desire for unity and action.
  2. In the mid-1960s, political parties were much weaker and not as polarized as today.
  3. Although Johnson faced filibusters on key civil rights legislation, he did not face filibusters on every single thing he proposed. Nor did he have to fight a dedicated partisan opposition over every judicial and executive branch nomination.
  4. Obama, on the other hand, to get anything through the Senate needs the votes of Republicans, every one of whom has strong partisan incentives to oppose him. Johnson really never faced anything like that.
  5. “Generally, the political science literature on presidential persuasion emphasizes how little presidents are able to accomplish when it comes to swaying votes in Congress.
  6. “Johnson wasn’t just any president; he was a president who had been a very effective Senate Majority Leader. He came to the White House with years of relationships with many senators; to the extent he was successful, it’s probably not something that’s easy for anyone else to duplicate.”
  7. “Johnson’s bullying style was successful … for a while. By the end of his presidency, it wasn’t working any more. Getting a reputation as an effective negotiator has a lot of advantages, but getting a reputation as a bully who can’t be trusted creates a lot of problems — even if bullying can be effective in the short run.”

I, therefore, continue to be a strong supporter of our President and a severe critic of the dysfunctional U.S. Senate (and the House of Representatives too).

 

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Latest U.S. Report on Human Rights Around the World

April 24, 2013

StateDeptlogo

On Friday (April 19th), the U.S. Department of State released its latest annual Country Reports on Human Rights Practices.[1]

In his Preface, Secretary of State John F. Kerry said, “It is in our interest to promote the universal rights of all persons. Governments that respect human rights are more peaceful and more prosperous. They are better neighbors, stronger allies, and better economic partners. Governments that enforce safe workplaces, prohibit exploitative child and forced labor, and educate their citizens create a more level playing field and broader customer base for the global marketplace. Conversely, governments that threaten regional and global peace, from Iran to North Korea, are also egregious human rights abusers, with citizens trapped in the grip of domestic repression, economic deprivation, and international isolation.”

Therefore, Kerry continued,” we advocate around the world for governments to adopt policies and practices that respect human rights regardless of ethnicity, religion, gender, race, sexual orientation, or disability; that allow for and honor the results of free and fair elections; that ensure safe and healthy workplaces; and that respect peaceful protests and other forms of dissent.”

In so doing, Kerry acknowledged that “from our own experience [we know] that the work of building a more perfect union – a sustainable and durable democracy – will never be complete.”

The Introduction to the Report highlighted these five developments from 2012.

  1. Shrinking space for civil society activism around the world. Active participation of civil society in determining policies for the society is an important part of human rights. Yet in 2012, many governments “continued to repress or attack the means by which individuals have the ability to come together, air their views, and put forward their own proposals.” Mentioned specifically in this regard were Iran, Venezuela, Russia, Egypt, Bangladesh and China. [2]
  2. The ongoing struggle by people in the Middle East and North Africa for democratic change. Although there were some encouraging changes in this region, there also was “erosion of protections for civil society, sexual violence against women, violence against and increased marginalization of members of religious minorities, and escalating human rights violations.” This was most pronounced in Syria, but significant problems in this regard were seen in Bahrain and Egypt.
  3. Steps toward emerging democracy and a tentative opening for civil society in Burma. In 2012 Burma “continued to take significant steps in a historic transition toward democracy.” These changes are “the result of hard work by the Burmese people and sustained U.S. and international pressure to reform.” This transition, however, is not yet complete. Much work remains to be done.[3]
  4. The game-changing nature of information and communication technologies, in the face of increased suppression of traditional media and freedom of expression.  New technologies have made information more widely available throughout the world. Yet some governments seek to stop the free press. The world-wide number of journalists killed or imprisoned increased. Some governments used counter-terrorism as a “pretext for suppressing freedom of expression.”  Others endeavored to restrict internet freedom. Ecuador was cited as an example of a state where the president publicly criticized specific journalists and encouraged lawsuits to be brought against them, where a ban was instituted on press coverage favoring one candidate, philosophy or political theory and where the government used legal pretexts to harass and close several media outlets.[4]
  5. The continued marginalization of and violence against members of vulnerable groups. Too many governments “continue to persecute, or allow the persecution of, members of religious and ethnic minorities; women; lesbian, gay, bisexual and transgender (LGBT) people; people with disabilities; migrants; and members of other vulnerable populations, including tribal communities.” Anti-Semitism in the Middle East, Europe and Latin America was specifically mentioned as a problem.

These reports have been prepared by the State Department pursuant to a 1961 federal statute. Since then other federal statutes require U.S. foreign and trade policy to take into account countries’ human rights and worker rights performance.

Since 1976 a Coordinator of Human Rights (later upgraded to an Assistant Secretary) in the Department of State has the overall responsibility for preparing these reports based upon information from U.S. embassies and consulates abroad, foreign government officials, nongovernmental and international organizations, published reports, foreign government officials, jurists, the armed forces, journalists, human rights monitors, academics, and labor activists.

[1]  News of the Report in the U.S. media has been virtually nonexistent. Here is the New York Times article on the Report.

[2] On April 21st China responded to the U.S. criticism with “The Human Rights Record of the United States in 2012.” This year, the Chinese report focused on U.S. gun crime, citing “astonishing casualties”; growing poverty in the U.S. and a wide wealth gap; and America’s overseas wars. It also singled out what it said was low voter participation in U.S. elections and the detention of terrorism suspects in Guantánamo.

[3] Similar recent reports about Burma come from Human Rights Watch, Former South African Archbishop Desmond Tutu and a Burmese Buddhist. On the other hand, the government continues to declare amnesties and release political prisoners, and we continue to be inspired by Aung San Suu Kyi’s, whose  acceptance in 2012 of her Nobel Peace Prize of 1991 was the subject of an earlier post.

[4] Ecuador’s wide-ranging measures to squelch hostile journalism have been the subject of persistent and detailed criticism by the Inter-American Commission on Human Rights, and as discussed in a prior post Ecuador in retaliation has mounted, and continues to mount, a campaign to try to weaken the Commission and thereby its criticism of Ecuador.

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Inspiration from Charles Wesley

April 21, 2013
Westminster Presbyterian Church

Westminster Presbyterian Church

Especially moving at this morning’s worship service at Minneapolis’ Westminster Presbyterian Church were these words of Charles Wesley in the anthem, “Forth in Thy Name, O Lord, I Go:”

  • “Forth in thy name, O Lord, I go, my daily labor to pursue; thee, only thee, resolved to know in all I think or speak or do.
  • The task thy wisdom hath assigned, O let me cheerfully fulfill; in all my works thy presence find and prove thy good and perfect will.
  • Preserve me from my calling’s snare and hide my simple heart above the thorns of choking care, the gilded baits of worldly love.
  • Thee may I set at my right hand whose eyes my inmost substance see, and labor on at thy command and offer all my works to thee.
  • Give me to bear thy easy yoke, and every moment watch and pray, and still to things eternal look,
  • And hasten to thy glorious day; for thee delightfully employ whate’er thy bounteous grace hath given.
  • And run my course with even joy, and closely walk with thee to heaven.”
Rev. Charles Wesley

Rev. Charles Wesley

Charles Wesley (1707-1788) was an English Anglican clergyman and a leader of its Methodism movement that subsequently became the independent Methodist Church. He wrote many hymns for the church. He was the son of Samuel Wesley, an Anglican clergyman and poet, and the younger brother of John Wesley, also an Anglican clergyman and a co-leader of the Methodism movement.

Both Wesley brothers were graduates of Oxford University’s Christ Church College, where in the early 1960′s I attended lectures and saw their portraits in the College’s beautiful dining hall.

Many years later I  was walking near St. Paul’s Cathedral in the City of London and saw the Aldersgate Flame sculpture marking the spot where John Wesley on May 24, 1738, “felt my heart strangely warmed. I felt I did trust in Christ, Christ alone, for salvation; and an assurance was given me that He had taken away my sins, even mine, and saved me from the law of sin and death.”

I should also mention a more direct and personal connection with Methodism. While in high school in the small Iowa town of Perry, I was a member of the local Methodist Church and active in its youth choir and MYF (Methodist Youth Fellowship). I fondly recall our church being visited by five college students on a Youth Caravan to bolster our MYF and the caring and reserved pastoring by Rev. Arlie Krussell.

Howard Helvey

Howard Helvey

The music for the anthem was a Scottish melody arranged by Howard Helvey. Born in 1968, he is a composer, arranger and pianist and also serves as the organist and choirmaster of Calvery Episcopal Church of Cincinnati, Ohio.

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Watertown, Massachusetts, 238 Years Ago

April 20, 2013

Yesterday (April 19, 2013), Watertown, Massachusetts was the searing focus of at least the U.S. news with the killing of the first suspect in the Boston Marathon bombing and the search for, and ultimate capture of, his brother, the second such suspect.

On April 20, 1775 (238 years ago today), Perley Brown (my maternal fifth great-grandfather) and his fellow Minute Men from Leicester, Massachusetts marched into Watertown and stayed the night before going on the next day to Cambridge to take part in what became the American Revolutionary War. Here is the original settlers’ map of Watertown:

Watertown, Massachusetts

Watertown, Massachusetts

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