Good News: Increasing U.S. Travel to Cuba

A website for travel professionals reports that recently U.S. travel to Cuba is increasing. It cites Tom Popper,  the president of InsightCuba, which specializes in travel to the island, who says it has seen an increase of 30% for such travel in May, June and July 2018 over the prior year.[1]

One of the problems many U.S. nationals encounter in planning a trip to Cuba is not finding flights to Cuba on Expedia, TripAdvisor or Orbitz. This is due to such businesses wanting to avoid hassling with the airlines that fly to the island having an obligation to the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) for confirming that U.S. nationals on such flights are going there for a legal reason under the OFAC regulations.

The airlines, however, have no such difficulty because when you buy a ticket to fly to Cuba, you merely have to hit “accept” on the affidavit pop-up that you are traveling under one of 12 general licenses for U.S. legal travel to Cuba, which are described on OFAC’s website. The traveler, therefore, before buying a ticket must carefully review that website and determine which of the following 12 general licenses fits the planned trip:

  1. family visits;
  2. official business of the U.S. government, foreign governments, and certain intergovernmental organizations;
  3. journalistic activity;
  4. professional research and professional meetings;
  5. educational activities;
  6. religious activities;
  7. public performances, clinics, workshops, athletic and other competitions, and exhibitions;
  8. support for the Cuban people;
  9. humanitarian projects;
  10. activities of private foundations or research or educational institutes;
  11. exportation, importation, or transmission of information or information materials; and
  12. certain authorized export transactions.

U.S. travelers to Cuba also need to review this OFAC statement (para. 32) about spending in Cuba by “persons subject to U.S. jurisdiction:”

  • “There is no specific dollar limit on authorized expenses; however, in accordance with the NSPM [National Security Presidential Memorandum], OFAC is amending the CACR [Cuban Assets Control Regulations] to restrict persons subject to U.S. jurisdiction from engaging in direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List, with certain exceptions. See 31 CFR § 515.209 and § 515.421. Consistent with these authorizations and restrictions, authorized travelers may engage in transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there. In addition, travelers are authorized to acquire in Cuba and import as accompanied baggage into the United States merchandise for personal use only. Value imports remain subject to the normal limits on duty and tax exemptions for merchandise imported as accompanied baggage and for personal use.” (Emphasis added.)

As this OFAC statement indicates, the U.S. State Department has published its “List of Restricted Entities and Subentities Associated with Cuba as of November 9, 2017.” Direct transactions with these entities and subentities by “persons subject to U.S. jurisdiction” are prohibited. The State Department also has published “Frequently Asked Questions on the Cuba Restricted List (Nov. 8, 2017).”

Finally Americans thinking about going to Cuba should know that the two major carriers to the island—Delta and American—have taken over many routes abandoned by other airlines and with the experience of the last several years have figured out the best size of aircrafts and frequency of flights to Cuba from the gateways of New York City, Houston, Atlanta and Miami. The result? Round-trip tickets to Cuba from these gateways are inexpensive, such as $300 from JFK in New York.

The traveler will be aided in all of this by working with a company, like InsightCuba, that specializes in travel to the island.

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[1] Cogswell, Under the Radar, Cuba Market Comes Back, travelmarket report (Aug. 1, 2018).

Spectacular “West Side Story” at Minneapolis’ Guthrie Theater

Last night I saw a spectacular production of “West Side Story” at the Guthrie Theater. The wonderful singing and dancing made this the best production I ever have seen in nearly 50 years of seeing plays at this theater. It runs through August 26, 2018. I strongly urge you to go!

As you may recall, the original play–with music by Leonard Bernstein, lyrics by Stephen Sondheim and book by Arthur Laurents–is set in 1957 on Manhattan’s West Side. Two rival gangs, the white Jets and the Puerto-Rican Sharks, are prowling the streets. When Tony falls for Maria, the sister of a rival gang member, a rumble is planned. Like Romeo and Juliet they’re caught in an ongoing feud with no escape, even as they pledge their love for each other.  It features incomparable songs like “Maria,” “Tonight,” “Cool” and “I Feel Pretty” that are merged with the greatest love story ever told in this larger-than-life musical. (This production reinterprets the clash as between the Puerto Rican Sharks  and the Jets as a pluralistic group of contemporary Americans.) Here are two photographs from this production:

 

 

 

 

The program has an interesting article, “On Reimagining a Classic,” by Joseph Haj, the play’s Director and the Theater’s Artistic Director. He reports that his research for directing this play “uncovered reports from government agencies regarding districts with solidly immigrant populations.” One such report stated the following:

  • “The tenants seem to wholly disregard personal cleanliness, and the very principles of decency, their general appearance and actions corresponding with their wretched abodes. This indifference to personal and domiciliary cleanliness is doubtless acquired from a long familiarity with the loathsome surroundings, wholly at variance with all moral and social improvements.”

Haj continues, “But this report wasn’t about New York City’s Puerto Rican population in the 1950s–it was filed in 1864 about a district with a predominantly Irish population. . . .”

This report from 1864 should be a strong warning to those in America today who feel and express great anxiety over today’s immigrants.[1]

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[1] See these posts to dwkcommentaries: White Anxiety and Fearing Immigration (June 25, 2018); More Voices on White Anxiety and Immigration (June 26, 2018). Fear Driving U.S. and European Clamor Over Immigration (July 3, 2018).

 

 

 

 

 

 

 

Wall Street Law Firm Increases Attorneys’ Compensation

On June 6, the law firm of Cravath, Swaine & Moore, the crème de la crème of Wall Street law firms, announced that it was increasing the salary for new attorneys just out of law school to $180,000 and for eighth-year associate attorneys to $315,000. (At the end of the eighth year an associate attorney is either chosen to be a partner or asked to leave the firm.) Such employees also may obtain annual bonuses. The average compensation for the firm’s partners, on the other hand, was $3.56 million.[1]

Cravath, according to a profile from Chambers & Partners, has offices in New York City and London with a total of 90 partners and 426 associate attorneys. The firm’s website says it hires “only the top students from the nation’s finest law schools, we train our associates through a rigorous rotation of practices, we elevate partners exclusively from within and we compensate partners in a lockstep system throughout their careers.”

I react to this news from at least three perspectives.

First, as I explained in an earlier post, immediately after law school graduation in 1966 I joined Cravath as an associate attorney with an annual salary of $9,000 ($66,941 in 2016 Dollars). In 1968 the firm jumped the starting salary to $15,000 ($104,657 in 2016 Dollars) with similar boosts to the salaries of more senior associates. I left Cravath and New York City in 1970 even though being a Wall Street lawyer was challenging and exciting as was living in the city with a wife and two young sons. I value those years, but did not want to remain another four years to compete for a chance to become a Cravath partner with all the sacrifices of time, energy and stress that would require and with all the income and prestige that it would entail. Instead I chose to move to Minneapolis to practice law with Faegre & Benson (n/k/a Faegre Baker Daniels), about which I also have written.

Second, the Cravath move to a starting salary of $180,000 is clearly an outlier in the overall U.S. legal job market. While observers speculate that other prominent Wall Street law firms probably will match this increase, law firms in other U.S. cities and business corporations, in my opinion, will not do so, and clearly governments and nonprofit organizations with lawyers will not be able to do so.

Third, this increase in compensation comes after widespread weaknesses in the demand for lawyers in the U.S. Indeed, in recent years the openings for new attorneys have shriveled. Many recent law school graduates, often with large student-debt loads, have been unable to find law-related jobs. Some recent law graduates have sued their law schools with claims they had been scammed. Law school enrollments have been declining. I hope the Cravath increase is a sign that there may be increasing opportunities for new lawyers, but I am not holding my breath.

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[1] Olson, Law Firm Salaries Jump for the First Time in Nearly a Decade, N.Y. Times (June 6, 2016); Randazzo, Law Firm Cravath Raising Starting Salaries to $180,000, W.S.J. (June 6, 2016); Lat, Breaking: NY To $180K!!! Cravath Raises Associate Base Salaries!!!, Above the Law (June 6, 2016).

The Fifth Day of Pope Francis’ Mission to the American People

Pope Francis’ fifth day in the U.S. started with a plane ride from New York City’s J.F. Kennedy International Airport to Philadelphia’s International Airport where he was welcomed by a group of dignitaries, including local church officials and Philadelphia Mayor Michael Nutter. The Pope, however, reserved his greatest affection and hug for Gabrielle Bowes, daughter of former Philadelphia police officer Richard Bowes who had been shot and injured in the line of duty. As the Pope’s car was about to join the motorcade to leave the airfield, he stopped, got out and greeted a group of people craning to see him from behind a security barrier. Among them was Michael Keating, 10, who was in a wheelchair.

Francis then went to the Cathedral Basilica of Sts. Peter and Paul, where he celebrated mass. Next was a trip to Independence Hall where he spoke about religious liberty and immigration before a crowd of 50,000. That evening he attended the Festival of Families in the city with an estimated 1 million people and gave remarks.

Cathedral Basilica of Sts. Peter and Paul[1]

At the Cathedral Francis was welcomed by Philadelphia’s Archbishop, Charles J. Chaput, who jokingly said, “This is a city that would change its name to Francisville today.” Among the 2,4000 people in the pews were bishops, priests and nuns from Pennsylvania.

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In his homily, Francis said, “This morning I learned something about the history of this beautiful Cathedral: the story behind its high walls and windows. I would like to think, though, that the history of the Church in this city and state is really a story not about building walls, but about breaking them down. It is a story about generation after generation of committed Catholics going out to the peripheries, and building communities of worship, education, charity and service to the larger society.” (A photograph of the Pope delivering the homily is above.)

“That story is seen in the many shrines which dot this city, and the many parish churches whose towers and steeples speak of God’s presence in the midst of our communities. It is seen in the efforts of all those dedicated priests, religious and laity who for over two centuries have ministered to the spiritual needs of the poor, the immigrant, the sick and those in prison. And it is seen in the hundreds of schools where religious brothers and sisters trained children to read and write, to love God and neighbor, and to contribute as good citizens to the life of American society. All of this is a great legacy which you have received, and which you have been called to enrich and pass on.”

“Most of you know the story of Saint Katharine Drexel, one of the great saints raised up by this local Church. When she spoke to Pope Leo XIII of the needs of the missions, the Pope – he was a very wise Pope! – asked her pointedly: ‘What about you? What are you going to do?’ Those words changed Katharine’s life, because they reminded her that, in the end, every Christian man and woman, by virtue of baptism, has received a mission. Each one of us has to respond, as best we can, to the Lord’s call to build up his Body, the Church.”

“’What about you?’ I would like to dwell on two aspects of these words in the context of our particular mission to transmit the joy of the Gospel and to build up the Church, whether as priests, deacons, or members of institutes of consecrated life.

First, those words – ‘What about you?’ – were addressed to a young person, a young woman with high ideals, and they changed her life. They made her think of the immense work that had to be done, and to realize that she was being called to do her part. How many young people in our parishes and schools have the same high ideals, generosity of spirit, and love for Christ and the Church! Do we challenge them? Do we make space for them and help them to do their part? To find ways of sharing their enthusiasm and gifts with our communities, above all in works of mercy and concern for others? Do we share our own joy and enthusiasm in serving the Lord?”

“One of the great challenges facing the Church in this generation is to foster in all the faithful a sense of personal responsibility for the Church’s mission, and to enable them to fulfill that responsibility as missionary disciples, as a leaven of the Gospel in our world. This will require creativity in adapting to changed situations, carrying forward the legacy of the past not primarily by maintaining our structures and institutions, which have served us well, but above all by being open to the possibilities which the Spirit opens up to us and communicating the joy of the Gospel, daily and in every season of our life.”

“‘What about you?’ It is significant that those words of the elderly Pope were also addressed to a lay woman. We know that the future of the Church in a rapidly changing society will call, and even now calls, for a much more active engagement on the part of the laity. The Church in the United States has always devoted immense effort to the work of catechesis and education. Our challenge today is to build on those solid foundations and to foster a sense of collaboration and shared responsibility in planning for the future of our parishes and institutions. This does not mean relinquishing the spiritual authority with which we have been entrusted; rather, it means discerning and employing wisely the manifold gifts which the Spirit pours out upon the Church. In a particular way, it means valuing the immense contribution which women, lay and religious, have made and continue to make, to the life of our communities.”

“Dear brothers and sisters, I thank you for the way in which each of you has answered Jesus’ question which inspired your own vocation: ‘What about you?’ I encourage you to be renewed in the joy of that first encounter with Jesus and to draw from that joy renewed fidelity and strength. I look forward to being with you in these days and I ask you to bring my affectionate greetings to those who could not be with us, especially the many elderly priests and religious who join us in spirit.”

“During these days of the World Meeting of Families, I would ask you in a particular way to reflect on our ministry to families, to couples preparing for marriage, and to our young people. I know how much is being done in your local Churches to respond to the needs of families and to support them in their journey of faith. I ask you to pray fervently for them, and for the deliberations of the forthcoming Synod on the Family.

Now, with gratitude for all we have received, and with confident assurance in all our needs, let us turn to Mary, our Blessed Mother. With a mother’s love, may she intercede for the growth of the Church in America in prophetic witness to the power of her Son’s Cross to bring joy, hope and strength into our world. I pray for each of you, and I ask you, please, to pray for me.”

Independence Hall[2]

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After visiting Independence Hall, to an orchestra’s playing of Aaron Copland’s “Fanfare for the Common Man,” Francis went in front of the building to the lectern used by Abraham Lincoln to deliver the Gettysburg Address. There Francis gave his address extolling the principles of the country’s founding fathers embodied by the Declaration of Independence signed in that building. (The above photograph shows Pope Francis at the lectern to the right of the statue of George Washington in front of the entrance to Independence Hall.) Here are the words of that address.

“One of the highlights of my visit is to stand here, before Independence Mall, the birthplace of the United States of America. It was here that the freedoms that define this country were first proclaimed. The Declaration of Independence stated that all men and women are created equal, that they are endowed by their Creator with certain inalienable rights, and that governments exist to protect and defend those rights. Those ringing words continue to inspire us today, even as they have inspired peoples throughout the world to fight for the freedom to live in accordance with their dignity.”

“But history also shows that these or any truths must constantly be reaffirmed, re-appropriated and defended. The history of this nation is also the tale of a constant effort, lasting to our own day, to embody those lofty principles in social and political life. We remember the great struggles which led to the abolition of slavery, the extension of voting rights, the growth of the labor movement, and the gradual effort to eliminate every kind of racism and prejudice directed at successive waves of new Americans. This shows that, when a country is determined to remain true to its founding principles, based on respect for human dignity, it is strengthened and renewed.”

“All of us benefit from remembering our past. A people that remembers does not repeat past errors; instead, it looks with confidence to the challenges of the present and the future. Remembrance saves a people’s soul from whatever or whoever would attempt to dominate it or use it for their interests. When individuals and communities are guaranteed the effective exercise of their rights, they are not only free to realize their potential, they also contribute to the welfare and enrichment of society.”

“In this place which is symbolic of the American way, I would like to reflect with you on the right to religious freedom. It is a fundamental right that shapes the way we interact socially and personally with our neighbors whose religious views differ from our own.”

“Religious freedom certainly means the right to worship God, individually and in community, as our consciences dictate. But religious liberty, by its nature, transcends places of worship and the private sphere of individuals and families.”

“Our various religious traditions serve society primarily by the message they proclaim. They call individuals and communities to worship God, the source of all life, liberty and happiness. They remind us of the transcendent dimension of human existence and our irreducible freedom in the face of every claim to absolute power. We need but look at history, especially the history of the last century, to see the atrocities perpetrated by systems which claimed to build one or another ‘earthly paradise’ by dominating peoples, subjecting them to apparently indisputable principles and denying them any kind of rights. Our rich religious traditions seek to offer meaning and direction, “they have an enduring power to open new horizons, to stimulate thought, to expand the mind and heart” (Evangelii Gaudium, 256). They call to conversion, reconciliation, concern for the future of society, self-sacrifice in the service of the common good, and compassion for those in need. At the heart of their spiritual mission is the proclamation of the truth and dignity of the human person and human rights.”

“Our religious traditions remind us that, as human beings, we are called to acknowledge an Other, who reveals our relational identity in the face of every effort to impose ‘a uniformity to which the egotism of the powerful, the conformism of the weak, or the ideology of the utopian would seek to impose on us’ (M. de Certeau).”

“In a world where various forms of modern tyranny seek to suppress religious freedom, or try to reduce it to a subculture without right to a voice in the public square, or to use religion as a pretext for hatred and brutality, it is imperative that the followers of the various religions join their voices in calling for peace, tolerance and respect for the dignity and rights of others.”

“We live in a world subject to the ‘globalization of the technocratic paradigm’ (Laudato Si’, 106), which consciously aims at a one-dimensional uniformity and seeks to eliminate all differences and traditions in a superficial quest for unity. The religions thus have the right and the duty to make clear that it is possible to build a society where ‘a healthy pluralism which respects differences and values them as such’ (Evangelii Gaudium, 255) is a ‘precious ally in the commitment to defending human dignity… and a path to peace in our troubled world’ (ibid., 257).”

“The Quakers who founded Philadelphia were inspired by a profound evangelical sense of the dignity of each individual and the ideal of a community united by brotherly love. This conviction led them to found a colony that would be a haven of religious freedom and tolerance. That sense of fraternal concern for the dignity of all, especially the weak and the vulnerable, became an essential part of the American spirit.”

After his comments about the Quakers, Francis extemporaneously added that globalization was a force for good if it worked toward equalizing, uniting and bringing respect to people. But if it “tries to make everybody even, as if it was a sphere, that globalization destroys the richness and specificity of each person and each people.”

Returning to his text, Francis said, “During his visit to the United States in 1987, Saint John Paul II paid moving homage to this, reminding all Americans that: ‘The ultimate test of your greatness is the way you treat every human being, but especially the weakest and most defenseless ones’ (Farewell Address, 19 September 1987, 3).”

“I take this opportunity to thank all those, of whatever religion, who have sought to serve the God of peace by building cities of brotherly love, by caring for our neighbors in need, by defending the dignity of God’s gift of life in all its stages, by defending the cause of the poor and the immigrant. All too often, those most in need of our help are unable to be heard. You are their voice, and many of you have faithfully made their cry heard. In this witness, that frequently encounters powerful resistance, you remind American democracy of the ideals for which it was founded, and that society is weakened whenever and wherever injustice prevails.”

“Among us today are members of America’s large Hispanic population, as well as representatives of recent immigrants to the United States. I greet all of you with particular affection! Many of you have emigrated to this country at great personal cost, but in the hope of building a new life. Do not be discouraged by whatever challenges and hardships you face. I ask you not to forget that, like those who came here before you, you bring many gifts to your new nation. You should never be ashamed of your traditions. Do not forget the lessons you learned from your elders, which are something you can bring to enrich the life of this American land. I repeat, do not be ashamed of what is part of you, your life blood. You are also called to be responsible citizens, and to contribute fruitfully to the life of the communities in which you live. I think in particular of the vibrant faith that so many of you possess, the deep sense of family life and all those other values which you have inherited. By contributing your gifts, you will not only find your place here, you will help to renew society from within.”

“Dear friends, I thank you for your warm welcome and for joining me here today. May this country and each of you be renewed in gratitude for the many blessings and freedoms that you enjoy. And may you defend these rights, especially your religious freedom, for it has been given to you by God himself. May he bless you all. I ask you, please, not to forget to pray for me.

World Meeting of Families[3]

The Pope ended the day with an appearance at the large gathering of people at the Festival of Families, an intercultural celebration of family life around the world. There were musical acts — Aretha Franklin, Sister Sledge, The Fray and the Philadelphia Orchestra— with testimony from six families from around the world and readings.

Pope Francis addresses the Festival of Families during the World Meeting of Families in Philadelphia Sept. 26. (CNS photo/Gregory A. Shemitz) See POPE-FAMILIES-FESTIVAL Sept. 27, 2015.

When the time case for Francis to speak, he abandoned his prepared speech (in English) about the need for government support for families. Instead, as shown in photograph to the left, for 25 minutes Francis delivered the following extemporaneous remarks in Spanish (here in English translation).

“All that is beautiful leads us to God. Because God is good, God is beautiful, God is true. Thank you all those who have offered their witness. And for the presence of all of you, that is also great witness…a real witness that it’s worth being a family.”

“Once a child asked me . . . ‘Father, what did God do before creating the world?’. . . [I responded,]Before creating the world, God loved. Because God is love. He had so much love: Father, Son and Holy Spirit. It was so overflowing. . . . It had to be poured out of him. So as to share that love with those out of himself. And then God created the world. God made this marvelous world in which we live. . . . ”

“But the most beautiful thing that God did, says the Bible, was the family. God made man, and he made woman. And he gave them everything. He gave them the world. So they could multiply and cultivate the land. All that love he made in creation, he bestowed it to them in the family.”

“All of the love that God has in himself, all the beauty that he has in himself, he gives it to the family. And the family is really family when it is able to open its arms and receive all that love.”

“Of course, it’s not quite earthly paradise. There are still problems. Men and women, through the astuteness of the devil, have learned unfortunately how to divide themselves. And all that love that God gave, almost was lost.”

“In a little period of time – the first crime. The first instance of fratricide. A brother kills another brother. And war. Love, beauty and truth of God [on the one hand]and destruction and war [on the other hand]. And between those: we walk ahead. It’s up to us to choose. It’s up to us to decide which path we want to take forward.”

“When man and his wife made a mistake, God did not abandon them. So great was His love, that He began to walk with humanity, with His people, until the right moment came, and He made the highest expression of love – His own Son. And where did He send his Son – to a palace? To a city? No. He sent him to a family. God sent him amid a family. And He could do this, because it was a family that had a truly open heart. The doors of their heart opened.”

“Mary, she couldn’t believe it. How can this happen? When the angel explained it to her, she agreed. Joseph. He finds himself in a surprising situation that he doesn’t understand, and he accepts. He obeys. In Mary and Joseph, there is a family in which Jesus is born.”

“God likes to give his love to open hearts. Do you know what he loves most? To knock on the door of families, and find families who love each other, who bring up their children to grow, and help them move forward. To create and develop a society with truth, goodness and beauty.”

“We are celebrating the Feast of the Family. Families have a citizenship which is divine. The identity card that they have is given to them by God. So that within the heart of the family, truth, goodness and beauty can truly grow.”

“Some of you might say, ‘Father, you speak like that because you are single. Families have the difficulties. Families, we quarrel, and sometimes plates can fly. And children bring headaches. I won’t speak about mother-in-laws.”

“But in families, there is always light. Because the love of God, the Son of God opened also that path for us. But just as there are problems in families, we have to remember there is the light of the resurrection afterwards. Because the Son of God created that path.”

“The family is like a factory of hope. It’s a factory of resurrection. God opened this path, this possibility.”

“And children, yes they bring their challenges. And they also are the cause of work and worry. Sometimes at home, I see some of my helpers, they come to work and they look tired. They have a one-month-old baby, and I ask them did you sleep? And they say I couldn’t sleep, Holiness, because they were crying all night.”

“In the family, indeed, there are difficulties. But those difficulties are overcome with love. Hatred is not capable of dealing with any difficulty and overcoming any difficulty. Division of hearts cannot overcome any difficulty. Only love. Only love is able to overcome. Love is about celebration, love is joy, love is moving forward.”

“I would like just to offer two points about the family. Some things we really need to take care of: the children and grandparents. Children, whether young or older, they are the future, the strength that moves us forward. We place our hope in them. Grandparents are the living memory of the family. They passed on the faith, they transmitted the faith, to us. To look after grandparents, to look after children, is the expression of love. A people that doesn’t know how to look after its children or grandparents is a people that has no future. Because it doesn’t have strength or the memory to go forward.”

“Family is beautiful, but there is effort involved and there are problems. In families there are unfriendly relationships. Husbands and wives quarrel, can end up badly, separated. Never let the day end without making peace. In a family, you can’t finish the day off not being in peace.”

“May God bless you. May God give you hope, the strength to move forward, let us look after the family. Let’s protect the family. Because it’s in the family that our future is at play.”

“God bless you. And please, pray for me.”

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[1] Heller, Seilers & Ruane, In Philadelphia, Pope Francis challenges Americans to live up to nation’s ideals, Wash. Post (Sept. 26, 2015); Pope Francis’ Homily at the Basilica of Sts. Peter and Paul Mass (Sept. 26, 2015).

[2] Pope Francis’ Remarks at Independence Hall, N.Y. Times (Sept. 26, 2015); Yardley & Wakin, At Independence Hall, Pope Offers a Broad Vision of Religious Freedom, N.Y. Times (Sept. 26, 2015).

[3] Pope Francis’ Impromptu Speech at the Festival of Families (Sept. 26, 2015)

 

U.S. and Cuba Hold Inconclusive Talks on Restoring Diplomatic Relations

On January 22 and 23, 2015, U.S. and Cuban diplomats met in Havana to discuss a multitude of issues relating to the restoration of normal diplomatic relations. No agreements were reached other than an understanding that additional talks were necessary and would be held albeit without dates or location being set.[1]

The first topic focused on technical issues related to reestablishing diplomatic ties. Gustavo Machin, the Cuban foreign ministry’s deputy director for U.S. affairs, said, “We have spoken about the principles upon which our diplomatic relations should be re-established.” The participants were “very respectful and flexible,” and not all the outstanding issues would be resolved in the first meeting.

Roberta Jacobson
Roberta Jacobson

At the conclusion of the first day’s meetings, U.S. Assistant Secretary of State Roberta Jacobson agreed that the participants had a “very productive and positive dialogue.” She added, “We discussed the real and concrete steps required to restore diplomatic relations and the terms for opening of embassies in our respective countries, as well as expectations about how the US Embassy in Havana would work.” She also agreed with Cuba’s assertion that the restoration of diplomatic relations would be in accordance with the Vienna Conventions on Diplomatic and Consular Relations. (In the photo to the right note the Cuban and U.S. flags at the podium at the site of the talks.)

Officials for both countries, however, outlined issues standing in the way of a normal U.S.-Cuba relationship.

Ms. Jacobson spoke of the U.S.’s persistent concerns about Cuban human rights while Cuba’s representatives talked about their concern for U.S. human rights, especially recent police killings of unarmed black men in Ferguson, Missouri and New York City and the treatment of detainees at the U.S. base in Guantanamo Bay Cuba.

An unnecessary note of discord was introduced by a  problem over the U.S. translation into Spanish of the Jacobson’s English-language post-session written statement. The statement (with the English word in question put in bold) said, “As a central element of our policy, we pressed the Cuban government for improved human rights conditions, including freedom of expression and assembly.” The U.S. translation of this statement used the Spanish verb “presionar,” which means to pressure. Josefina Vidal, the head of the Cuban delegation, however, said, “I can confirm that the word ‘pressure’ was not used. I must say it’s not a word that is used in these types of conversations.” Later the U.S. apologized for its erroneous translation.

Josafina Vidal
Josefina Vidal

Ms. Vidal cited as problems for restoration of diplomatic relations Cuba’s inclusion in the U.S. list of state sponsors of terrorism and the various financial restrictions imposed on the country as a result of the U.S. trade embargo. (Again note the two flags at the same podium in the photo to the right.)

Both of the countries’ leaders talked about the need for further discussions and negotiations to resolve these many issues. I expect the two sides to develop an agenda and plan for addressing these many issues, including dates and location for the next set of talks. In a subsequent post I will set forth my views, as an outsider, as to how these differences can be resolved.

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[1]  This post is based upon the following: Wroughton & Trotta, U.S. says mistrust must be overcome to restore Cuba Ties, Reuters (Jan. 22, 2015); Archibold, Conflict, and Smiles, as U.S. and Cuba Discuss Ties, N.Y. Times (Jan. 22, 2015); Reuters, U.S. Presses Cuba on Human Rights in Talks on Restoring Ties, N. Y. Times (Jan. 22, 2015); Sosa, U.S. aims to go beyond the restoration of relations with Cuba, Granma (Jan. 22, 2015); DeYoung, U.S., Cuba find ‘profound differences in first round of talks, Wash. Post. (Jan. 22, 2015); Klapper & Weissenstine, U.S., Cuba End Historic talks with More Questions than Answers, Assoc. Press (Jan. 23, 2015); Respectful and constructive climate brand rapprochement between Cuba and the United States, Granma (Jan. 23, 2015); U.S. is willing to discuss their differences with Cuba, Granma (Jan. 23, 2015); Ayuso, US and Cuba confirm a channel for dialogue despite their differences, El Pais (Jan. 23, 2015); Ayuso, The dialogue between Cuban and the US stumbles on human rights, El Pais (Jan. 23, 2015); An exchange that made world headlines, Granma (Jan. 23, 2015); Jacobson, Video of Statement on U.S.-Cuba Meetings (Jan. 23, 2015); Assoc. Press, U.S., Cuba End Historic Talks With More Questions than Answers, N. Y. Times (Jan. 23, 2015); Assoc. Press, U.S. admits: we’re not sure if new Cuba approach will work, Guardian (Jan. 23, 2015).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[1] This post is based upon the following: Wroughton & Trotta, U.S. says mistrust must be overcome to restore Cuba Ties, Reuters (Jan. 22, 2015), http://www.reuters.com/article/2015/01/22/us-cuba-usa-idUSKBN0KV0E720150122;

Archibold, Conflict, and Smiles, as U.S. and Cuba Discuss Ties, N.Y. Times (Jan. 22, 2015), http://www.nytimes.com/2015/01/23/world/conflict-and-smiles-as-us-and-cuba-discuss-ties.html?ref=world;

Reuters, U.S. Presses Cuba on Human Rights in Talks on Restoring Ties, N. Y. Times (Jan. 22, 2015), http://www.nytimes.com/reuters/2015/01/22/us/politics/22reuters-cuba-usa.html?_r=0; Sosa, U.S. aims to go beyond the restoration of relations with Cuba, Granma (Jan. 22, 2015), http://www.granma.cu/mundo/2015-01-22/eeuu-aspira-a-ir-mas-alla-del-restablecimiento-de-relaciones-con-cuba; DeYoung, U.S., Cuba find ‘profound differences in first round of talks, Wash. Post. (Jan. 22, 2015), http://www.washingtonpost.com/world/the_americas/us-cuba-begin-talks-aimed-at-ending-decades-long-estrangement/2015/01/22/cda610b6-a1ba-11e4-91fc-7dff95a14458_story.html?hpid=z1; Klapper & Weissenstine, U.S., Cuba End Historic talks with More Questions than Answers, Assoc. Press (Jan. 23, 2015), http://hosted.ap.org/dynamic/stories/L/LT_UNITED_STATES_CUBA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT; Respectful and constructive climate brand rapprochement between Cuba and the United States, Granma (Jan. 23, 2015), http://www.granma.cu/mundo/2015-01-23/clima-respetuoso-y-constructivo-marca-acercamiento-entre-cuba-y-estados-unidos; U.S. is willing to discuss their differences with Cuba, Granma (Jan. 23, 2015), http://www.granma.cu/mundo/2015-01-23/eeuu-esta-dispuesto-a-discutir-sus-discrepancias-con-cuba; Ayuso, US and Cuba confirm a channel for dialogue despite their differences, El Pais (Jan. 23, 2015), http://internacional.elpais.com/internacional/2015/01/23/actualidad/1422029081_706421.html; Ayuso, The dialogue between Cuban and the US stumbles on Human rights, El Pais (Jan. 23, 2015), http://internacional.elpais.com/internacional/2015/01/23/actualidad/1421979307_164657.htmlhttp://internacional.elpais.com/internacional/2015/01/23/actualidad/1421979307_164657.html; An exchange that made world headlines, Granma (Jan. 23, 2015), http://www.granma.cu/cuba/2015-01-23/un-intercambio-que-ocupo-los-titulares-del-mundo; Jacobson, Video of Statement on U.S.-Cuba Meetings (Jan. 23, 2015), http://www.nytimes.com/video/multimedia/100000003468209/explosions-in-yemeni-capital-after-hadi-resignation.html?playlistId=1194811622186; Assoc. Press, U.S., Cuba End Historic Talks With More Questions than Answers, N. Y. times (Jan. 23, 2015), http://www.nytimes.com/aponline/2015/01/23/world/americas/ap-lt-united-states-cuba.html.

 

 

 

 

 

 

 

 

 

The American Revolutionary War’s End in New York City,1783

The American Revolutionary War formally ended with the signing of the Treaty of Paris on September 3, 1783. At that time the British were nearing the end of their seven-year occupation of New York City after their victory over the colonists in York Island (Manhattan) in September 1776.[1]

Several weeks before the signing of the Treaty, Sir John Carleton, who was in charge of the British forces in the City, advised the President of the Continental Congress that the British were proceeding as fast as possible with the withdrawal of military personnel, Loyalists and liberated slaves, but that he could not then provide an estimated date for the completion of that process.

Thereafter the British evacuated more than 29,000 military personnel, Loyalists and liberated slaves although the Treaty of Paris required them to return the slaves to their owners. The process was completed on November 25th.

Washington & Clinton Entry into New York City

After the evacuation was complete that day, General Washington, New York Governor George Clinton and men in the Continental Army marched down Broadway to the Battery to formally take possession of the City.

Fraunces Tavern

Approximately a week later (on December 4th), General Washington invited the officers of the Continental Army to join him for a farewell dinner at noon at the City’s Fraunces Tavern at 54 Pearl Street.[3]

Washington’s Farewell, Fraunces Tavern

When all were assembled in the Tavern’s dining room, Washington filled his glass with wine and said, “With a heart full of love and gratitude I now take leave of you. I most devoutly wish that your latter days may be as prosperous and happy as your former ones have been glorious and honorable.”

After each of the officers had taken a glass of wine, General Washington said, “I cannot come to each of you but shall feel obliged if each of you will come and take me by the hand.”‘ As the officers did so, Washington was in tears.

The British evacuation of the City plays a prominent role in a fascinating novel, The Book of Negroes, by Canadian novelist Lawrence Hill.[2] The novel follows Aminata Diallo, a girl who is abducted at age 11 from her West African village in the mid- 18th century and sold into slavery in the U.S. She is intelligent and learns how to read and write. She is in New York City at the end of the American Revolutionary War, and because she is literate is hired by the British to facilitate their evacuation of the city.

Book of Negroes (page)

Her task is to create the Book of Negroes, an actual historical document that lists 3,000 freed Loyalist slaves who requested permission to leave the U.S. in order to resettle in Nova Scotia.[4] There are many other intriguing facets of her life that are covered in this amazing novel.

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[1] Various aspects of the American Revolutionary War have been discussed in prior posts.

[2]  The Fraunces Tavern had opened for business in 1762 in a former mansion that was built in 1719. It is still in business today along with its Fraunces Museum. When I was an associate attorney with a nearby Wall Street law firm, 1966-1970, colleagues and I had dinner there several times.

Current NYC map with marker for                  Fraunces Tavern

[3]  In the U.S., Australia and New Zealand, the novel was published under the title Someone Knows My Name.

[4] The actual Book of Negroes is now online.

The American Revolutionary War’s Campaign for New York and New Jersey, March 1776–January 1777

On March 17, 1776, the 11-month colonists’ Siege of Boston ended when the British troops and their dependants evacuated the town of Boston. A fleet of 120 British ships set sail for a British military base in Halifax, Nova Scotia with nearly 10,000 British troops and over 1,000 dependants. This was discussed in a prior post.

New York City, 1776
New York City area, 1776

Both sides’ attention next turned to New York City, which then was a town of 25,000 at the southern tip of the island of Manhattan (then known as York Island). This post will review what is known as the Campaign for New York and New Jersey, March 18, 1776, through January 1777.[1]

For the British, the City was an obvious strategic target. It had a large harbor from which the vastly superior British navy could easily command the area and be a base to conquer the middle colonies to the south and west. The terminus of the Hudson (or North) River into that harbor would provide the British with a route north to connect with British forces in what is now Canada and thereby potentially separate New England from the other colonies. Moreover, many British Loyalists lived in the City and thus made it a friendlier host for British troops than Boston had been.

General George Washington

The strategic importance of the City also was obvious to General George Washington. Not knowing that the British troops were going from Boston to Nova Scotia, he was worried that they would instead be sent directly to New York. Therefore, Washington immediately after the British evacuation of Boston sent some colonial regiments from Boston to New York to join the colonial forces already there under the command of General Charles Lee. Thereafter other colonial troops were sent from Boston, including my 5th maternal great-grandfather, Perley Brown, and his brothers William and Benjamin. Perley and his comrades arrived in New York City in late July on a ship from New Haven, Connecticut.[2]

These transfers of troops from Boston were not easy. The men first had to march 100 to 120 miles over five to seven days to the Connecticut ports of New Haven or New London, where they boarded sailing ships to take them via Long Island Sound to New York City.

Archibald Kennedy Mansion

General Washington himself arrived in the City on April 13th and established his headquarters in the Archibald Kennedy Mansion at No. 1 Broadway.[3]

Washington soon discovered that much work still needed to be done to finish the construction of fortifications in Brooklyn on Long Island and on York Island. He was kept busy supervising their continued construction, inspecting the troops and deciding on command assignments and troop deployments.

Another problem faced Washington in the City. The soldiers were growing sickly. Smallpox appeared causing the deaths of several of the men. In the summer heat, “camp fever” became epidemic, and poor sanitation caused dysentery. At least 3,000 to 6,000 men were ill at one time or another, and many died. One of the victims of these illnesses was William Brown (Perley’s brother), who died in a City hospital on August 27th after being sick for eight days. Also sick at this time was brother Benjamin, but his health improved so he could return to active duty.[4]

New York Harbor & Sandy Hook

The long anticipated arrival in New York of the British troops began on June 29th when 120 British ships arrived at Sandy Hook, a barrier spit jutting northward into Lower New York Bay from the New Jersey shore. Three days later (July 2nd) 9,000 British troops from their Nova Scotia base left these ships to establish their new base on the unguarded Staten Island southwest across the harbor from York Island and directly west of the present-day southern part of Brooklyn.

British fleet @ Staten Island, July 1776

And the British ships kept coming with another 15,000 British and Hessian soldiers soon thereafter. On August 13th 96 more ships entered the harbor plus 20 more the next day. That summer more than 400 British ships with 1,200 cannon and 10,000 sailors under the command of Admiral Lord Richard Howe were anchored in the harbor, and more than 32,000 British and Hessian troops under the command of his brother, General Sir William Howe, were on the nearby land. This turned out to be the largest expeditionary force of the 18th century.

Admiral Lord Richard Howe
General Sir  William Howe

The British, however, did not launch an immediate attack.

Instead General Howe, on July 14th sent a messenger from Staten Island to York Island with a letter addressed to “George Washington, Esq.” conveying an offer to meet and discuss ending the rebellion. Washington’s assistant rejected the letter because it was not addressed to “General George Washington” and because there was no one there by the letter’s simple title. Three days later (July 17th) a second letter was sent; this one was addressed to “George Washington, Esq., etc.,” which also was rejected for the same reason. The next day (July 18th) the British returned to York Island to ask if General Washington would meet with Adjutant General Patterson, and Washington said “yes.”

On July 20th such a peace conference was held at the Kennedy Mansion on York Island. In the midst of polite formalities Washington said he understood that General Howe only had authority to grant pardons, but that those who had committed no wrongs wanted no pardons. This ended these British peace efforts.

In the meantime, General Washington had 19,000 colonial troops in the area, but did not know where the British planned to attack. Therefore, Washington split the Continental Army into fortified positions in Brooklyn on Long Island and in Manhattan with some held in a reserve so-called “Flying Camp” in northern New Jersey to be deployed when they knew where the British were going to attack.

The fighting phase of the campaign for New York and New Jersey began on August 22nd when the British troops invaded Long Island. Thus began what turned out to be the largest battle of the War (the Battle of Long Island or the Battle of Brooklyn) that lasted until August 30th with a British victory.

Staten Island Peace Conference

Soon thereafter– on September 11th (an ironic date in light of its 225th anniversary falling on the day of  the 9/11 attacks of 2001)–another attempt was made to end the rebellion peacefully at the Staten Island Peace Conference.

The Conference participants were Admiral Lord Howe and Continental Congressmen John Adams, Benjamin Franklin and Edward Rutledge. The Americans insisted on British recognition of their recently declared independence. Admiral Lord Howe said he could not do that. Howe was also pressed to repeal the Prohibitory Act that authorized a blockade of the colonies, but he said he could not do that either. Instead, Howe offered to suspend execution of the blockade if the Americans agreed to end hostilities and make fixed financial contributions to Britain. This offer was rejected by the Americans. There was no peace agreement. The War continued.

With the exception of an American victory at Harlem Heights on York Island,  the British won all the military encounters of this campaign through Christmas Eve Day (December 24, 1776) and forced General Washington and the Continental Army to retreat from New York into New Jersey and then from New Jersey into Pennsylvania. Future posts will review the Battles of Long Island (Brooklyn), Harlem Heights and White Plains.

The British victory in this campaign looked secure at that time. But on Christmas Day (December 25th) Washington and 2,400 of his troops made their now famous “crossing the Delaware River” maneuver. They crossed the partially frozen river from Pennsylvania to return to New Jersey to make their successful surprise attack on British and Hessian troops at Trenton, New Jersey. This was followed on January 3rd with another successful colonial attack at Princeton, New Jersey and Washington’s establishing his winter headquarters in Morristown, New Jersey.

Fighting essentially ceased in January 1777 due to winter conditions.

Nevertheless, it has to be said that the British won the Campaign for New York and New Jersey and that the British occupied New York City for the duration of the War.


[1]  In addition to the hyperlinked sources in this post, it also draws from David McCullough, 1776 at 110-154 (New York; Simon & Schuster 2005). See also, e.g., T. Harry Williams, Richard N. Current & Frenk Freidel, A History of the United States [To 1876], at 151 (New York: Alfred A. Knopf 1959); Henry Steele Commager & Richard B. Morris, The Spirit of ‘Seventy-Six: The Story of the American Revolution as Told by Participants, Ch. Eleven (New York: Harper & Row, 1967). From July 1966 through March 1970, I worked for a New York City law firm with offices in the Wall Street district at the southern end of Manhattan.As a result, I frequently walked around the area where General Washington and the Continental Army troops lived and worked 190 years earlier, but unfortunately I did not scout out where things happened in the Revolutionary War.

[2] Carol Willits Brown, William Brown–English Immigrant of Hatfield and Leicester, Massachusetts, and His Descendants c. 1669-1994 at 18-19 (Gateway Press; Baltimore, MD 1994) (letter, Perley Brown to his wife Elizabeth Brown (Aug. 1, 1776)).

[3]  By July 1776, Washington moved his abode and headquarters to City Hall because it was deemed to be more secure. By the way, No. 1 Broadway now is the location of an office building known as “1 Broadway.” Facing Battery Park, it was built in 1884 and extensively remodeled in 1921.

[4]  Carol Willits Brown, William Brown–English Immigrant of Hatfield and Leicester, Massachusetts, and His Descendants c. 1669-1994 at 7, 20-21, 24-25, 31-32, 210-11 (Gateway Press; Baltimore, MD 1994) (letters, Perley Brown to his wife Elizabeth Brown (Aug. 1, 1776; Sept. 9, 1776; Oct. 4, 1776).