Sucker Bet

Photo by Kamoteus

Last week, Atlantic City, New Jersey’s state-appointed emergency manager Kevin Lavin and expert consultant Kevyn Orr released a report about the local fiscal outlook. In its central discussion of how to reestablish solvency, the report contained an ominous line: “Debt deferrals—TBD.” Only if creditors agree to take less in the near term does Atlantic City’s budget get balanced. The pregnant uncertainty of that “TBD” undermines the suggestion, found in much news coverage, that bankruptcy now looks less likely than before the report’s release. On the contrary, as more details emerge about Atlantic City’s balance sheet and budget, it becomes increasingly difficult to see how this fiscal mess gets resolved outside federal court.

Atlantic City faces three challenges: keeping revenues in line with expenditures, reducing or restructuring its debt load, and revitalizing the local economy. The second challenge is the most important. Atlantic City owes creditors at least $845 million: $270 million in outstanding bonded debt, $350 million in pension debt (per Moody’s), and $225 million in other “off balance sheet” obligations, mostly related to reimbursements to casinos after overcharging them on property tax bills. Lavin and Orr did not recommend bankruptcy in last week’s “preliminary” report because, at this stage, they’re legally prohibited from doing so. Federal law requires that a municipality must have entered into “good faith” negotiations with its creditors prior to filing for bankruptcy. Those negotiations have not yet begun in earnest. The city’s counterparties will be the state government, on behalf of itself and the city’s retirees, casinos, bondholders, and bond insurance companies.

For four reasons, persuading these parties to “defer” payment on their debt will be a very tough sell. First, a creditor legally entitled to a multimillion-dollar payment will tend to insist on his claim—particularly if he is in a position to afford talented lawyers. Second, scant reason exists to believe that Atlantic City will be in a better position to pay anyone back ten years from now. Lavin and Orr themselves remarked that “there is no reasonable likelihood that these [financial] headwinds will abate at any point in the near future.” Asking creditors to accept a debt deferral instead of a debt reduction looks like a distinction without a difference. Third, no one wants to be a sucker. Every creditor believes that his concession should be milder than the next guy’s and will resist signing off on a plan until he’s satisfied that it is impossible to pay him more. Municipal bankruptcy’s sole purpose is to provide a legal process overseen by federal court to overcome this so-called “holdout” problem. Finally, Orr, who directed Detroit’s bankruptcy, has acquired a reputation for lacking respect for the legal rights of creditors. Past comments about “these Huns on Wall Street” will cause Atlantic City creditors to doubt that whatever offer Orr has put on the table is truly the best the city can do by them.

In order to think clearly about a way forward for Atlantic City, it’s helpful to distinguish between its fiscal and economic challenges. The latter are well known: casino gambling has contracted dramatically since 2008, leaving the already-poor city with the seventh-highest unemployment rate among 387 US metros. Local officials might as well be left in charge of economic revitalization. A federal bankruptcy judge won’t be of much assistance; New Jersey governor Chris Christie’s efforts at reviving Atlantic City, though well-intentioned, have thus far failed to impress. Atlantic City does not suffer from Detroit-level incompetence or corruption. None of the recent reports that have taken stock of the city’s challenges have ventured major criticisms of basic operations or municipal services. Clearly, Mayor Don Guardian is no Kwame Kilpatrick.

Fiscal difficulties are another matter. Unusual for a municipal government, Atlantic City faces significant short-term debt commitments. According to a February Moody’s report, $82 million in credit-market debt—a sum equivalent to almost one-third of the city’s annual budget—comes due this year. And to pay back the casinos for overbilling them, Atlantic City must issue even more bonds. But the market has recently indicated that, if it lends at all to Atlantic City, it will do so only at near-usurious rates.

Traditionally, municipal bankruptcy was contemplated by localities faced with a debt problem that was overwhelming yet isolated, such as a massive tort payment. Detroit faced manifold structural difficulties that bankruptcy did not and cannot address. If not for its casino-tax repayment problem, Atlantic City would still be a struggling city but not an insolvent one. The more details that emerge about its budget, balance sheet, and municipal operations, the more Atlantic City’s crisis seems like the isolated cases of fiscal distress than the structural cases such as Detroit. And in that respect, bankruptcy may actually make more sense for Atlantic City than it did for Detroit.

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Pension Sticker Shock

Photo by Jerrold Bennett

Some of the worst public-sector pension problems in America are playing out in states and cities where legislation or local court rulings have granted extraordinary protections to workers’ retirement benefits—far beyond those enjoyed by private-sector employees. Illinois officials, for instance, are awaiting a ruling from the state’s Supreme Court on a suit by workers seeking to overturn the legislature’s 2013 pension reforms. If the court, which has previously refused to allow any changes to retirement plans for retirees or current workers, throws out the reforms, Illinois will face $145 billion in higher taxes over the next three decades just to pay off the debt, according to a report by the Civic Committee of Chicago.

One can see a glimpse of Illinois’s possible future in Arizona. Last year, the state’s Supreme Court overturned 2011 pension reforms that, among other things, sought to curb expensive annual cost-of-living increases for judges, legislators, and municipal public-safety workers. Though courts in other places have ruled that retirees have no right to annual cost-of-living increases, the Arizona high court ordered the state to reinstate the 4 percent increases and pay retirees back for payments that the pension system had missed. In restoring the payments, the court ignored the distress of the pension system, which is only 67 percent funded. Indeed, the system is so hard-pressed that the head of one of the state’s largest public unions has asked the legislature to push for a constitutional amendment allowing the kind of money-saving changes that the court nixed. Without such changes, according to the , some retirees will wind up earning more within a few years of retirement than they earned while working full-time for government.

The bill for the court’s ruling is now coming due in Arizona, and municipalities whose workers participate in the state system are straining under the pressure. The city of Phoenix, for instance, has a $2 billion unfunded liability for police and fire pensions. Now the city must grapple with a $37 million increase in pension costs over the next three years. This year alone, Phoenix must contribute $143 million to public-safety pensions, up from just $16 million a decade ago. The city also must pay a $133 million tab for civilian worker pensions. Rising costs have helped create persistent deficits in Phoenix, whose general fund budget is only $1.15 billion this year.

Phoenix is far from alone. Cities around the Grand Canyon state are experiencing pension “sticker shock,” in the words of the . Six other cities—including Mesa, Scottsdale, and Glendale—face $23 million in extra pension payments next year. Thanks to poor stock market performance and an inability to reduce its pension benefits, the city of Tempe has seen its public-safety pension costs rise nearly ten-fold in a decade, from $1.9 million annually to $18.3 million, while Mesa’s will reach $41 million this year, up from $6 million a decade ago.

The predicament faced by Illinois and Arizona should be a warning, especially to other states where government pensions enjoy extraordinary legal protections. Raising benefits or shortchanging annual pension-system payments is especially dangerous in states lacking the ability to tame costs once debt grows too large. Yet, New York State, where government workers enjoy some of the strongest protections against changes to their retirement benefits, is doing exactly that—continuing a program that allows the state and its hard-pressed municipalities to shortchange the pension system by billions of dollars.

New York has one of the better-funded government pension systems. This is largely due to a 1993 Court of Appeals ruling that stopped the state from toying with accounting standards. The ruling also required the state and local governments to make their annual required pension payments. Even so, the stock market’s uneven performance since 2008 has pushed government pension costs skyward. Expenditures have more than doubled since 2010, crimping budgets, especially in upstate communities where tax revenues have rebounded only slowly from the sharp decline in 2009 and 2010. In response, the state initiated a program that let itself and municipalities defer pension contributions, if they promise to repay them with interest in the future. Last year alone, 139 municipalities deferred $472 million in pension payments, while the state put off nearly $1 billion. Since 2010, the state and municipalities have skipped $3.3 billion in pension payments.

Worse still, though it had previously said it was ending such “borrowings,” New York is now set to defer another $1 billion in state payments over the next three years. The state is going ahead with the plan even though it has a budget surplus this year, thanks to a $5.4 billion settlement with major financial institutions over their role in writing defective mortgages in the state.

New York officials defend the borrowing program by arguing that sharply rising pension costs are too disruptive to government budgets. Allowing governments to “amortize,” or pay off, the costs over a decade makes more sense. But that assumes the pension system will keep recovering, even as it’s been deprived of money crucial to its revitalization. The state’s Court of Appeals warned against this very kind of thinking when it said that by denying the pension system money “available for immediate investment, the return on investment of moneys in the existing fund will be significantly decreased.” The judges understood the threat better than New York’s elected leaders, who must be hoping that they simply won’t be around when things go terribly wrong, as they have in Arizona and are about to in Illinois.

City JournalShakedown: The Continuing Conspiracy Against the American Taxpayer.

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Zelda Williams Opens Up About Her Father Robin Williams And Says He's 'Impossible To Forget'

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She's really handle it as well as anyone could.

The passage of Robin Williams left millions of people with a broken heart, but no one suffered as much as the children of the actor.

But Zelda Williams came in a rare appearance on Friday with his mother Marsha Garces to Noble Awards in Beverly Hills.

And although, of course, wants to keep the memory of her father alive - she admits is basically unlikely to ever forget the bigger man than life.

[Related: Zelda Williams Legacy Father recalls Robin Williams' In his first sit-down interview since his death]

Here's what he said:

"For me it's easy to remember someone who is impossible to forget."

Zelda also talked about back in the spotlight and like something I felt I had to do was. She explained:

"It is not difficult, it's just a strange feeling. Nothing happens, that will be fine, but it's a transition. It is recognizing that you have to stop feeling that there is a world out there, because for a short period of time doesn "t."

You may remember Zelda has a beautiful tattoo of a hummingbird in memory of his father, and she explained that the tattoo to her, saying:

"If you saw it fly, and if you know a bit about them, are impossible to keep in one place. Whenever people see them not as they say, 'Oh, my God, a hawk for a hummingbird -flor, and that was the reaction that my father has, kids, fans, old people, and that's what always hummingbirds meant to me. "

Robin Williams and Marsha Garces really did a wonderful job with their children and Zelda is a shining example of his father.

She is only 25 and yet she is so wise at this point in your life. Robin Williams would be very proud of it.

 

A Helluva Show

Clyde Alves, Tony Yazbeck, Jay Armstrong Johnson and the cast of

With music by Leonard Bernstein and book and lyrics by Betty Comden and Adolph Green, the original 1944 production of was a celebration of the freedom and energy that New York City represented in wartime. The musical rightly brought fame to its three wunderkind creators, all in their twenties, who drew their inspiration from the Jerome Robbins ballet .

Now, as the spectacular, must-see revival of returns to Broadway at 42nd Street’s Lyric Theatre, the musical reflects a city that has itself been revived in a synergy of past and present. Then as now, it’s the right time to see . After all, could there be a greater paean to urban life? The ultimate love interest in this musical of three American sailors on shore leave is, of course, “New York, New York, a helluva town,” where “The Bronx is up, but the Battery’s down” and “the people ride in a hole in the groun’.” The city captivates and animates the storyline, beginning with that famous opening number. One sailor, Chip (Jay Armstrong Johnson), calls the city “a visitor’s place!” and announces his ambitious touring schedule (“10:30 Bronx Zoo, 10:40 Statue of Liberty”).

The famous places to visit are so many,
Or so the guidebooks say.
I promised Daddy I wouldn’t miss on any.
And we have just one day.
Got to see the whole town
From Yonkers on down to the Bay.

Ozzie (Clyde Alves), meanwhile, has other attractions in mind: “Manhattan women are dressed in silk and satin,/ Or so the fellas say;/ There’s just one thing that’s important in Manhattan,/ When you have just one day.” A poster on the subway convinces Gabey (Tony Yazbeck), the shy sailor, to seek out Ivy Smith (Megan Fairchild), the winner of “Miss Turnstiles for the month of June.” The sailors’ 24-hour trek spans Carnegie Hall and the uptown museums to midtown nightclubs and Coney Island. Eventually, they assemble together with their dates—the fizzy anthropologist Claire de Loon (Elizabeth Stanley) with Ozzie, the brassy taxi driver Brunhilde “Hildy” Esterhazy (Alysha Umphress) with Chip, and Ivy Smith with Gabey—only to have to say their goodbyes at the Navy docks just as another three sailors slide down the gangplank, singing the same opening tune.

The team behind this current —lead producers Howard and Janet Kagan and director John Rando—captured the revival spirit of both the musical and the city with a promotional music video released last summer. The video closely tracks the familiar opening shots of the 1949 movie film versionstarring Frank Sinatra and Gene Kelly. Rather than running off their ship onto the Brooklyn Navy Yard, though, our three sailors emerge in their starched white suits running down the gangplank of the Intrepid—the sea, air, and space museum in the aircraft carrier docked on the Hudson River. Then these spirits of World War II-era New York are seen singing and dancing around today’s city. Some locations have thankfully changed little since the 1940s—the Brooklyn Bridge, Coney Island, Bethesda Fountain, the Statue of Liberty, the American Museum of Natural History. Yet, for their bike ride through Central Park, the sailors rent Citibikes. And between shots of Chinatown and a carriage ride through the park, they visit the Apple Store on 59th Street and Fifth Avenue. If anything, the city looks far clearer and better than it did on film 60 years ago.

The preternatural and, at times, winking exuberance of this revival gets carried through the musical, which is lavishly staged with a live 28-piece orchestra at the Lyric. The revival is surprisingly faithful to the original Broadway production. Each performance begins with the cast, led by Phillip Boykin, joining the audience in a rendition of “The Star Spangled Banner.” This patriotic feeling continues throughout the show, especially as Stephen DeRosa, on the night I attended, singled out a veteran in the audience for special recognition of his service.

But just like the original musical, this revival is far more red-blooded and grittier than the sanitized Hollywood production. Not only did “helluva town” get changed to “wonderful town” in the 1949 film, but many of the best musical numbers were cut, in particular Hildy’s “I Can Cook Too,” which includes a full serving of double entendre (“I’m a man’s ideal of a perfect meal/ Right down to the demi-tasse./ I’m a pot of joy for a hungry boy,/ Baby, I’m cookin’ with gas.”) A new cast recording of this revival has just been released by PS Classics.

In addition to the possibilities presented by the city (where density and public transportation play a leading role), also hints at the more desperate side of the urban experience, especially for the women. Ivy Smith, a celebrity in the eyes of Gabey, is being hustled by an alcoholic dance teacher (Jackie Hoffman) who insists that she debase herself working at an after-hours gentlemen’s club on Coney Island to pay for her classes. Claire de Loon cracks in an unhappy marriage, which her fly-by-night relationship with Ozzie finally destroys. Hildy, fired from her job as a taxi driver, lives with a sick roommate in an apartment overlooking a brick wall.

Yet for its lows, the New York of is ultimately one of great heights, finally reached in the dream dance sequence between Gabey and Ivy. Inspired by the heated choreography of Jerome Robbins, the nine-minute , choreographed by Joshua Bergasse, finds the dancers sweating it out in a boxing ring before soaring into one another’s arms. That Ivy is danced by Fairchild, the famous principal dancer of the New York City Ballet, speaks to the talent that only a city can gather. Here is a production that only Broadway can stage and a story that only New York can tell.

The New Criterion.

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Lawyers in the Rain Forest

Photo by newmy51

, by Paul M. Barrett (Crown, 304 pp., $26)

(Kindle Single), by Michael D. Goldhaber (Rosetta Books, 85 pp., $2.99)

Many in the plaintiffs’ bar see themselves as modern-day gunslingers; their advocacy on behalf of the “injured” and “downtrodden” allows them to justify their extraordinary winnings. Further, with litigation often serving as a proxy for class warfare, plaintiffs’ lawyers regard suing deep-pocket defendants as a moral crusade. In their pursuit of corporate malefactors (and gargantuan contingent-fee recoveries), plaintiff’s attorneys often sacrifice ethics to the imperative of victory. Examples abound of trial lawyers who, seemingly at the top of their game, succumbed to venality and greed. As the monetary stakes rise, so does the temptation to cheat.

The widely publicized dispute between Chevron and trial lawyer Steven Donziger, played out in New York federal court in 2013 and chronicled in two recent books—Paul Barrett’s and Michael Goldhaber’s illustrates the extent of the corruption. The Chevron-Donziger saga has a Hollywood feel, but it turns the typical John Grisham plot line on its head: here, a corporate titan vindicates itself against a sleazy plaintiffs’ lawyer who masquerades as an idealistic environmental activist representing Ecuadoran peasants.

Barrett’s brisk narrative in resembles Jonathan Harr’s 1995 account of a toxic-tort lawsuit, —but again, this time the roles are reversed. Through a subsidiary, Texaco had explored for and produced oil in Ecuador’s rain forest beginning in the mid-1960s. In 1993, lawyers representing rainforest tribesmen brought a suit alleging that pollution caused by Texaco’s drilling had despoiled the environment near the Lago Agrio oilfield. The Harvard-trained Donziger hyped the deleterious health effects as a disaster worse than Chernobyl. In 2011, the plaintiffs obtained a $19 billion judgment—levied against Chevron, which had acquired Texaco in the meantime—in an Ecuadoran court.

It was an improbable victory for Donziger, an inexperienced litigator with little courtroom experience. During the period of Texaco’s production, Ecuador had no meaningful environmental laws in place and did not recognize class-action litigation. In 1998, Texaco got a release of liability from the Ecuadoran government in exchange for paying $40 million to clean up certain sites. So how did the plaintiffs win such a massive judgment? As Barrett explains, victory was obtained through an elaborate scheme involving blackmail, bribery, passage of retroactive laws (which Donziger helped draft), political intimidation, relentless publicity, falsified test results, “independent” court-appointed expert reports, a final judgment secretly ghost-written by the plaintiffs, and attempts by Donziger to prosecute Chevron’s local defense counsel in Ecuador. Hedge fund investors provided capital to pay for the scheme, and a corporate law firm teamed up with Donziger for 25 percent of the attorneys’ fees.

Donziger’s conduct was appalling. In 2009, Donziger and his team blocked the Ecuadoran government’s efforts to clean up waste oil pits that were allegedly poisoning the rainforest natives he was representing, because remediating the contamination would reveal that his cost estimates—and hence his inflated claims for damages—were grossly excessive. Donziger’s downfall came when he allowed movie cameras to record hundreds of hours of internal discussions in the course of filming , an award-winning 2009 documentary that portrayed him and his clients in a favorable light (and which, it turns out, Donziger helped finance). Anticipating that Donziger would eventually try to have the foreign judgment enforced in the United States, Chevron’s legal team obtained candid “outtakes” from in which Donziger essentially incriminates himself—to try to prove that the foreign proceedings were fraudulent. The plaintiff's storyline completely unraveled in the New York courtroom of Judge Lewis Kaplan. The discovery and exposure of the scheme is the subject of Goldhaber’s blow-by-blow e-book, which reads like a gripping courtroom drama.

Chevron’s legal team, led by Gibson Dunn’s Randy Mastro, had experience uncovering foreign legal fraud from its representation of Dole Food in a similar toxic-tort case involving banana workers in Nicaragua. The Gibson Dunn team flawlessly executed an encore performance for Chevron, managing to obtain in discovery all of Donziger’s internal memoranda, including diary entries and his computer hard drives. Chevron deposed Donziger for 13 days. In 2011, Chevron filed a RICO lawsuit against Donziger and his accomplices. Donziger’s environmental consultants recanted their damages assessment as “tainted and not supported by reliable scientific bases.” With pluck and perseverance, and some Hollywood-style courtroom moments (including the devastating cross-examination of Nicolas Zambrano, the Ecuadoran judge who purportedly authored the $19 billion judgment), Mastro’s team uncovered Donziger’s misdeeds and led Judge Kaplan to conclude (in a scathing 485-page ruling) last year that the Ecuador litigation was a racketeering scheme. Donziger’s actions, said Judge Kaplan, were “offensive to the laws of any nation that aspires to the rule of law.”

Donziger may be disbarred or even prosecuted, and unless Judge Kaplan’s decision is reversed on appeal, the judgment against Chevron will not be enforced in the United States. Many lessons can be drawn from this unfortunate affair. One is that foreign legal proceedings should be viewed with suspicion. Another is that many lawsuits are bogus. The most important lesson, though, is this: just as a free society should be concerned about a government that is too powerful, it should be equally concerned about a legal system that concentrates too much power in the hands of the plaintiffs’ bar. Corruption is the inevitable result.

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Asia Unites Against Poaching

Representatives from 13 Asian countries committed to immediate action to stamp out poaching at the conclusion of a four-day symposium hosted by the Nepal government in Kathmandu from February 2-6, 2015.

The Symposium: Towards Zero Poaching in Asia adopted five recommendations:

  • Swift and decisive action to elevate the importance and effectiveness of antipoaching initiatives and cooperation among all relevant ministries, departments and agencies within their borders, while at the same time strengthening international cooperation in the face of this serious criminal activity.
  • Adoption of the Zero Poaching Tool Kit and assessment of current antipoaching responses to determine improvements and close serious gaps.
  • Increase and improve collaboration as a successful antipoaching response is critically dependant on effectively engaging a diverse number of shareholders
  • Improve standards, training and support for rangers, other frontline staff and prosecutors.
  • Commit to identifying a Zero Poaching national contact point to effectively coordinate transboundary efforts to stop poaching.

Tika Ram Adhikari, Director General of Nepal’s Department of Wildlife Conservation and Soil Conservation, said: “Nepal was proud to host this vital conversation in Asia because we recognize that poaching is robbing us of our wildlife wealth, which includes tigers, rhinos and elephants. We cannot allow wildlife crime to continue to wrap its tentacles deeper into the region. Our individual efforts may win us a few battles, but we can only win the war if Asia presents a united front to stop the poaching, end the trafficking and wipe out demand.”

Mike Baltzer, Leader, WWF Tigers Alive Initiative, said: “This is the beginning of the end for poaching across Asia. WWF is proud to have supported this landmark meeting and is committed to be part of the new determined movement for Zero Poaching in Asia.”

Nepal was the natural host for the symposium having achieved zero poaching for two years in the past four years. At the symposium, representatives from local communities, protected areas as well as enforcement agencies shared their lessons lea

At the closing ceremony, Nepal’s legendary Chitwan National Park (CNP) also became the first global site to be accredited as Conservation Assured Tiger Standard (CA|TS).Despite the threats that CNP faces, the protected area has seen an increasingly effective management and protection regime. This further demonstrates the commitment of Nepal towards zero poaching.

Thirteen Asian countries participated in the symposium: Bangladesh, Cambodia, China, Viet Nam, Malaysia, Russia, Indonesia, Myanmar, Thailand, Nepal, India, Bhutan, and Lao PDR. Partner NGOs and other organisations included IUCN, TRAFFIC, CITES, UN Office on Drugs and Crime, US Department of Justice, SMART Partnership and Southern African Wildlife College.

WWF co-hosted the symposium with Global Tiger Forum, National Trust for Nature Conservation and the South Asian Wildlife Enforcement Network.

The symposium provides valuable direction on tackling poaching in advance of the Kasane Conference on the Illegal Wildlife Trade to be hosted by the Botswana government on 25th March 2015. This meeting follows the London Conference on the Illegal Wildlife Trade hosted by the UK government in February 2014, where 41 governments committed to taking “decisive and urgent action….” through the agreed declaration.

Iran and the Lessons of History

Photo by A. Davey

For all their differences, President Barack Obama uncannily resembles his Democratic predecessor, President Jimmy Carter, in his stiff-necked, self-righteous inability to listen to others or to learn from experience or history. Against ferocious opposition at home and abroad, he is about to repeat the grievous mistake of appeasing Iran that Carter made over three decades ago and do even more geopolitical damage than the hapless peanut farmer wreaked in 1979.

Recall the history. On February 1, 1979, two weeks after the cancer-ridden Shah of Iran left his country in the hands of a caretaker as he wandered the world in search of treatment, his fanatical opponent, Islamist cleric Ayatollah Ruhollah Khomeini, returned from his 14-year Parisian exile and within a week had engineered the overthrow of the shah’s feeble substitute and installed his own puppet regime. Not only did Iran’s Islamists hail the ayatollah’s return; Carter’s United Nations ambassador, the painfully naïve Andrew Young, lauding Islam as “a vibrant cultural force in today’s world,” prophesied that the ayatollah himself—with ferocious indignation flashing from his eyes and bristling from his beard under his sharia-chic turban—would prove “somewhat of a saint.” On February 15, the saintly imam began murdering Iran’s officer corps, and on April Fool’s Day, which he called “the first day of a government of God,” he declared his nation an Islamic republic. In mid-May, the U.S. Senate condemned Iran’s systematic slaughter of its officers, a rebuke Iran met by recalling its ambassador from Washington. By July, mullahs began publicly taking control of the government.

On October 22, just when the Carter administration and the mullahs seemed to be finding a way to get along, the shah—his eagle-proud face pain-worn and his wasted body too small for his once-resplendent, Gilbert-and-Sullivan-ornate uniform—arrived in New York for cancer treatment. Less than two weeks later, on November 4, a mob of “students” invaded and seized the American embassy in Tehran and took its 68 employees hostage, though they soon released the 15 women and African-Americans, and later set free another hostage suffering from multiple sclerosis. The other 52 Americans endured 444 days of captivity. How far the mullahs engineered this feat as retribution for America’s welcome of the shah is unknown; their initial assurances that all would be well would prove consistent with Iran’s habitual double-dealing.

Carter’s initial response was entirely correct. On November 14, a fleet of U.S. warships sped into the Indian Ocean. But then Carter entangled himself in a bewildering web of fruitless international negotiations at the UN and the World Court, organizations whose keynote is cynicism and bad faith, and whose chief product is hot air not action.

What the president should have done, as was clear even then, was simple and traditional. He should have told the mullahs that they had 48 hours to release our citizens unharmed, or else we would leave not one stone standing on another in the “holy” city of Qom. We then should have leafleted the city with warnings to the population to flee. And, were the hostages not released, we should have done what we threatened to do. And were they not released at that point, we should have made the same threat against Tehran.

My own belief is that the initial threat would have succeeded. The mullahs would have said, “Oh, you know how unruly these students are, how immature, how hot-headed; but don’t worry. We will get them into line and get your citizens back to you. The embassy seizure shocked us as much as it did you.”

But suppose I am wrong. Suppose the mullahs had defied Carter. Then we might have lost 53 of our countrymen and an untold number of Persians whom their tyrannical rulers might have held in the city as human shields. Being a world leader, however, sometimes requires making such harrowing choices. To prevent the powerful French fleet in Algeria from falling into Nazi hands after the 1940 Vichy surrender to Germany, British prime minister Winston Churchill ordered the Royal Navy to seize or sink it, if its commanders did not get it out of Nazi reach, thus protecting Britain’s vital mastery of the seas. A single pigheaded French admiral failed to choose any of the three honorable options Churchill offered. As a result, 1,297 innocent French sailors went to their watery graves after the British fleet opened fire on July 3, with 977 dying in the first 15 minutes. Also as a result, skeptical Americans finally came to believe that Churchill wasn’t kidding when he said that the British would never surrender, and the U. S. government took a giant step closer to joining the war. As sociologist Max Weber warned, anyone who wants to keep his hands clean should stay out of politics, because politics ultimately rests on the force and violence necessary to repel force and violence against one’s countrymen. And force and violence, however legitimate and productive of ultimate good, also produce evil in the process.

So what good might have come from bombing Iran in 1979? The Persian people might have changed their government and spared themselves three decades of tyranny: a secular autocrat is generally better than a theocratic dictator for a Muslim people culturally unready for democracy—as the shah was better than the ayatollah, and as Egyptian president Abdel Fattah el-Sisi seems by a long chalk an improvement on the deposed Mohammed Morsi. From Iran’s warm welcome of the Shiite hijackers of an Alitalia jetliner a month before the American embassy seizure, right up to today, the mullahs have been avid supporters of Islamic terrorism, and with their enthusiastic backing of Hezbollah, they have become state sponsors of terrorism, as well. For more than a decade, the regime has been trying to make a nuclear weapon; and the idea of nuclear-armed millenarian fanatics emerging as hegemons out of the Middle East’s current anarchy, sparking a nuclear arms race in that hair-trigger region, is unsettling, at best.

For the United States, bombing Iran in 1979 would have given the world proof of America’s resolve as a global superpower not to be attacked with impunity—as it was in the 1983 bombing of U.S. marine barracks in Lebanon, the 1993 World Trade Center bombing, or the al Qaida-directed bombing of the USS in 2000. That is the point of a superpower’s disregard of the shibboleth of “proportionality” in its response to adversaries: to show indomitable might and unshakable will. Who knows whether it might have discouraged the 2001 World Trade Center destruction? But it’s my guess that Osama bin Laden learned his technique of recruiting followers by distributing audio tapes from Khomeini, who first organized the Iranian revolution using audio tapes sent from Paris. I’m pretty sure I heard one of bin Laden’s tapes in a taxi driven by a man in full hajji garb on 9/8/2001, and you didn’t have to speak Arabic to understand its message of murderous hate.

So now President Obama wants to make an agreement that will ensure that Iran can produce an atom bomb essentially overnight. He has not seen fit to explain his reasoning to the American people, and it is hard to imagine what it might be. But all I can think of is Churchill’s rebuke to Prime Minister Neville Chamberlain when he returned from his infamous appeasement of Hitler in Munch in 1938. “You were given the choice between war and dishonor,” Churchill thundered in Parliament. “You chose dishonor, and you will have war.” Certainly President Obama is choosing dishonor. What kind of war he might unleash, the world watches with dread.

City JournalThe Founders at Home.

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Macron Economics

Photo by Remi Jouan
French Prime Minister Manuel Valls

It’s received wisdom that France does not reform except by violence. Since I heard my French brother-in-law repeat this wisdom recently, I believe that it must be true.

The French government is currently involved in a life-and-death struggle to pass a law that would introduce a few minor economic reforms. It’s called , after the government minister who designed it. The prime minister—the comparatively popular Manuel Valls—is uncertain whether his own party in the National Assembly will back the measure. In hopes of ensuring passage, Valls has taken advantage of a clause in the French constitution, according to which he is entitled to push through one bill per legislative session on his own authority, without parliamentary approval, provided that he then submits to an opposition motion of no confidence. If he loses that vote, he must resign; but Valls has calculated that his own party will, in the final analysis, support him rather than risk new elections.

That so minor a piece of legislation can have brought about a political crisis is symbolic of France’s paralysis (and that of much of Europe also). The law, self-proclaimed as being for “growth and equality of opportunity,” would institute certain small changes. For example, stores at present are allowed to open five Sundays per year; the law would allow them to open 12 Sundays instead (with the permission of local authorities). Other provisions include the creation of tourist zones in which stores would be permitted to trade every Sunday; a streamlining of the employment tribunals that make it so difficult and costly to fire anyone in France; the liberalization of the legal profession and a reduction in its fixed charges; and the introduction of competition into bus lines. Another provision would oblige foreign companies, principally from Eastern Europe, to pay their drivers at least the French minimum wage while they operate in France (reminiscent of Britain’s Navigation Acts).

These amendments are not such as to change the country profoundly, but the Socialist deputies in the National Assembly see them as the thin end of the wedge—as every change is seen in France. When my wife and I went to see our recently, there was, not surprisingly, a prominent poster in his chambers declaiming against . The Constituent Assembly may have abolished all feudal privileges in France on August 4, 1789, but many restrictive commercial privileges of a different kind have been developed since. No matter how small they might be, their abolition always leads to conflict between those who benefit from them and those who must pay for them. This is not quite the same as saying that no privileges are ever justified or justifiable or that any society can do without them entirely; but when they become too prevalent or onerous, the economy seizes up.

A sign of France’s stagnation is that the originator of this minor law— the minister of the economy, Emmanuel Macron—has received death threats.

City Journal

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The Alphabet of Satire

ARTWORK COPYRIGHT © AND TM RUBE GOLDBERG INC. ALL RIGHTS RESERVED. RUBE GOLDBERG ® IS A REGISTERED TRADEMARK OF RUBE GOLDBERG INC. ALL MATERIALS USED WITH PERMISSION. RUBEGOLDBERG.COM.
Goldberg at work

The name suggests a ghetto urchin along the lines of Irving Berlin, Al Jolson, and the Marx Brothers. And, indeed, like them, Rube Goldberg was born in the sunset of the nineteenth century; like them, he was Jewish, bright, creative, and wildly ambitious. But there, the resemblance ends. Reuben Garrett Lucius Goldberg was a native-born San Franciscan, the son of a prosperous businessman with serious money and powerful political connections.

Max Goldberg had come from Prussia at precisely the right moment. In the aftermath of the Civil War, he elbowed his way into the booming real-estate market, acquiring and selling oil-rich acreage and cattle ranches. Armed with profits, he backed local politicians. When they won, Max followed in their slipstream, working to shed his German accent, reading books by English and American writers, and serving, at various times, as the city’s police commissioner and fire chief.

In the 1870s, he married a fellow immigrant, Hannah Cohen, a delicate young woman who gave birth to seven children. Four survived. Hannah passed away, worn and prematurely aged, at 45. Bewildered and angry at his loss, Max became a rigid disciplinarian, thundering at his children in the tones of an Old Testament prophet. Despite his posturing, though, he was more dutiful than devout. Max attended synagogue only on the High Holy Days; Friday nights were reserved for poker. “The absence of any traditional religious baggage made Rube a free spirit,” observes biographer Peter Marzio, “an objective observer, willing to analyze facts as he found them, creating his own intellectual scheme complete with intricate iconography and wise sayings.”

The problem was that Max had his own intellectual scheme and wise sayings, and they didn’t coincide with his son’s. Early on, when the boy showed a talent for realistic portraiture and humorous sketches, his distressed father consulted Col. Daniel M. Burns, the Republican boss of California. In a memoir, Rube recalled the exchange: “ ‘Dan,’ muttered Pa, ‘my boy says he’s going to be an artist, and I just can’t get him away from the idea.’

‘Hum, that is serious,’ consoled Col. Burns. ‘There’s nothing hereditary about it, is there?’

‘That’s the remarkable part of it,’ answered Max Goldberg proudly. ‘Our family record is as clean as a whistle. We’ve never had a single solitary artist in it—not one.’ ”

Accordingly, Max directed Rube away from art school and toward a degree in engineering from Berkeley. The youth’s objections were countered with citations from history and economics. Rube was a southpaw; who ever heard of a left-handed painter? Okay, there was Leonardo da Vinci, but he knew more about designing catapults and bridges than he did about making pictures. And what about a paycheck? Who was going to pay for the lessons, the canvases, the tubes of oil paint, the easel, the studio? Not Max.

Rube sighed as an artist; he obeyed as a son. For the next several years, he commuted to Berkeley, studying for a degree in mining engineering. En route to the sheepskin, however, he signed up for a course in drawing. The textbook was , by William Morris Hunt, then a prominent teacher and theoretician. One sentence caught the student’s attention and stayed with him for the next 70 years: “No exaggeration can be stronger than Nature, for nothing is so strange as the truth.”

The more he sketched, the more Rube came to believe that all humans, and all human endeavors, could be rendered in cartoon form. He could hardly wait to show the world his ideas. But when he graduated in 1904, a large obstacle stood in the way of progress: the Old Man. Flexing some political muscles, Max had arranged a civil-service job for his son, mapping sewer pipes for the city. Rube would earn an entry-level salary of $25 a week, but he would have a future, moving on to map water mains, and who could tell? Perhaps reservoirs one day. The novice stayed on for six months, and then exploded. “I can’t stand it any longer, Pa,” he announced. Paternal threats and imprecations followed. The next day, Rube walked off the job and went crosstown to the , portfolio in hand. Something in the sketches he had made for the college newspaper and the art class appealed to the city editor. He hired young Goldberg for a munificent $8 a week.

Goldberg learned his trade the hard way, grinding out cartoons of prizefighters and ballplayers and attempting a few strips that never caught on. Then, in 1905, he learned of an opening on a rival paper, the He tried out for sports cartoonist and won the position. Before long, though, he realized that he was running in place. Illustrators like Charles Dana Gibson had become famous, commanding large salaries and holding high social positions. Cartoonists, on the other hand, were still considered quick-sketch ruffians—the low men of the newspaper staff. Goldberg described the situation in an autobiographical short story. The hero drily remarks, “He’s an illustrator. I’m just a genius.”

Even so, the cartoonist knew that his talents lay in comedy, not in realistic images. The caricaturist continued; the genius remained unseen. By 1906, the year of the San Francisco earthquake, Goldberg was earning $50 a week and had become one of the city’s notables, recognized in every sports arena. But he wanted more, and for that, the young man knew that he would have to go to the place he called “ringside”: Manhattan, home of a dozen newspapers and font of American journalism. He stayed through the devastation and the rebuilding of Frisco, and then bought a one-way ticket to Grand Central.

Rube arrived in October 1907, ready to conquer the city. He was promptly turned down by the , the , the , the , and the . Eventually, he caught on at the but only as a sports cartoonist. Goldberg didn’t come to New York to run in place. He tried strips, fillers titled “Life’s Little Jokes,” and vaudeville gags—like the panel showing an immigrant grousing as he laces up his wife’s enormous corset: “She vas built ven meat vas cheap.”

Nothing quite caught the public fancy, and Goldberg remained just another pen-and-ink comedian until autumn of the following year. In the lavishly illustrated , the cartoonist’s granddaughter, Jennifer George, cites October 1, 1908, as the epochal day when fame came to call. As Rube remembered it, “I was drawing a picture to fill in the daily cartoon—a man who had fallen out of the window of a fifty story building and a woman, who was inquiring sympathetically, ‘Are you hurt?’ He replied, ‘No, I am taking my beauty sleep.’ ”

He titled the drawing “Foolish Question Number 1.” The next week, letters poured in from readers with their own suggestions. Goldberg grabbed the best ones and inked them in. Between November 1908 and February 1910, he drew 450 Foolish Questions and punch lines, ranging from “Oh, look, is that a snake?” “No, it’s a lost shoelace looking for a home,” to “Is that a folding bed?” “No, it’s a box for my new harmonica.” Following these was another series, called , as in, “I’m the guy who put the hobo in Hoboken,” or “I’m the guy who put the sand in sandwich.” The phrase went as viral as possible in those pre-radio days; it appeared on pins and cigarette premiums, popped up in ads, and even inspired a hit song, “I’m the Guy,” with lyrics by Goldberg and music by Bert Grant, a charter member of ASCAP.

Syndication followed, and soon William Randolph Hearst, ever ready to outbid any and all newspaper rivals, offered this Goldberg phenomenon $50,000 per annum—this when the average yearly salary was less than $1,000. For once, Citizen Hearst was thwarted. The matched his offer, and Rube stayed on. Commented the , “Goldberg has a following of 300,000 readers split up among forty-two different newspapers in all parts of the country. . . . [T]he aggregate of their payments to the , which was fortunate to get hold of Goldberg first, enables the paper to pay the artist what seems to be offhand a fabulous figure.”

The fabulous figure grew exponentially when Reuben Goldberg married Irma Seeman in 1916. Irma was the daughter (and, eventually, the heiress) of S. W. Seeman, owner of the burgeoning White Rose Tea and Grocery Company. The gilt-edged couple became the parents of two boys, Thomas and George, and bought a dwelling at the corner of 75th Street and Riverside Drive. Themes of domestic life began to appear in Rube’s drawings, but they rarely suggested the high lifestyle of the Goldberg family.

Not only did they own a chauffeur-driven car and a luxuriously renovated town house; their New Year’s Eve parties also became the stuff of legend. Each year, hundreds of guests packed the house. The A-list included sports figures, artists, and Broadway headliners. Under the Goldberg roof, George Gershwin and Groucho Marx traded lines; Houdini performed magic tricks; and Mayor Jimmy Walker performed his original song “Will You Love Me in December as You Do in May?”

Yet today, Goldberg would be a forgotten celebrity—like hizzoner himself—had he confined himself to comic strips. Though his gags rapidly found their way into public conversation, they dated just as quickly. The pictures were amusing enough, but character was never his strength. “Mike & Ike—They Look Alike,” for example, concerned two morons who punned on standard phrases: “Ike, use the word ‘icing’ in a sentence.” “Sure, Mike—the patriotic gentleman rose and sang, ‘Sweet land of liberty, of thee “I sing.” ’ ”

But all along, the graduate engineer had been waiting for an opportunity to express himself. From college onward, Goldberg had been fascinated with the devices that were changing America—vacuum cleaners, refrigerators, the telephone, the telegraph, the automobile, the airplane. Finally, as the Roaring Twenties ended, a national magazine gave him the space for comic commentaries. “The Inventions of Lucifer Gorgonzola Butts” first appeared in the January 26, 1929, issue of . “In my cartoons,” Rube noted, “Professor Butts invented elaborate machines to accomplish such Herculean tasks as shining shoes, opening screen doors, keeping moths out of clothes closets, retrieving soap in the bathtub and other innocuous problems. Only, instead of using the scientific elements of the laboratory, I added acrobatic monkeys, dancing mice, chattering false teeth, electric eels, whirling dervishes and other incongruous elements.”

“No More Gas Problems,” written and drawn long before the establishment of OPEC, was typical: Driver opens trapdoor (A). Monkey (B) reaches for banana (C), upsetting basket of cotton (D). A large flock of ducks (E) on leashes tied to automobile, mistaking cotton for snow, think winter has arrived and fly south, pulling car forward. “Simple Idea to Keep You from Forgetting to Mail Your Wife’s Letter” was more elaborate but just as fanciful: As you walk past cobbler shop, hook (A) strikes suspended boot (B), causing it to kick football (C) through goalposts (D). Football drops into basket (E), and string (F) tilts sprinkling can (G), causing water to soak coattails (H). As coat shrinks, cord (I) opens door (J) of cage, allowing bird (K) to walk out on perch ((L) and grab worm (M), attached to string (N). This pulls down window (O), on which is written “You sap, mail that letter.”

Likewise, Professor Butts’s method of eliminating a noisome insect: Carbolic acid (A) drips on string (B), causing it to break and release elastic of bean shooter (C), which projects ball (D) into bunch of garlic (E), causing it to fall into syrup can (F) and splash syrup violently against side wall. Fly (G) buzzes with glee and goes for syrup, his favorite dish. Dog (H) mistakes hum of fly’s wings for door buzzer and runs to meet visitor, pulling rope (I), which turns stop-go signal (J) and causes baseball bat (K) to sock fly, which falls to floor unconscious. As fly drops to floor, pet trout (L) jumps for it, misses, and lands in net (M). Weight of fish forces shoe (N) down on fallen fly and puts it out of the running for all time.

These oblong-shaped satires took on a life of their own. Dr. Seuss acknowledged his colleague’s influence in a cartoon signed “Rube Goldbrick.” In the early 1930s, “Rube Goldberg” entered the Merriam-Webster dictionary as an adjective defined as “accomplishing something simple through complicated means.” Engineering majors in colleges across the country began to sketch their own “Rube Goldberg” inventions. And in 1936, Goldberg fan Charlie Chaplin offered the ultimate compliment: the assembly-line lunacies of could have sprung full-blown from the head of Professor Butts.

But Goldberg was too restless to stay with any project for long—even this one. In the late 1930s, he abandoned the inventions and returned to strips. They met with indifference. A new kind of comic spirit had entered the arena. Magazines like featured artists with lighter ink lines and sharper punch lines. Goldberg began to tell friends that he felt like a back number. Rumors circulated: the old pro was hanging up his pen, leaving the arena to younger men and women. Thus, colleagues were astonished to read an item in the December 5, 1938, : the had signed Rube Goldberg to be the paper’s editorial cartoonist. This was not as much of a breakthrough as it appeared. As Marzio notes, “While Rube did not take part in morning editorial conferences, his Republican sympathies kept him in tune with the ’s views. The paper’s mediocrity, however, seeped into his work, and there seemed to be no one prodding him to perfection.”

The cartoons were drawn with his customary vigor, and he remained adept at caricature. But Goldberg’s ideas tended to be rudimentary—one showed the Nazi leader in an empty room. The caption read: “This is a picture of Adolf Hitler celebrating his 54th birthday with all his friends.” Labels took the place of ideas: Tax Payer, GOP, Dems, Common Man, Prices, Taxes, and so on. He persisted, nonetheless, through World War II, through V-E and V-J Days, through the early years of the Cold War. Here, he hit a nerve: a 1947 cartoon showed a couple precariously perched on an atomic bomb as it teeters between World Control and World Destruction. It won the Pulitzer Prize. Ever the dutiful son, Rube said, “I had hoped to win a Pulitzer ever since I joined the . I only wish my father could have been alive to see it.” (Max had died five years earlier, after suffering a heart attack as he ran after a cable car. He was 93.)

Early in 1950, Goldberg switched to the —Hearst had him at last. Thirteen years later, Goldberg felt burned out. In June 1963, more than 100 like-minded celebrities gathered at the Waldorf-Astoria hotel to throw him a surprise party. Invited guests included Walt Disney, Barry Goldwater, J. Edgar Hoover, Stan Musial, Joan Crawford, Richard Nixon, and Helen Hayes. It was at once a gratifying and unnerving occasion. Retirement was mentioned. The guest of honor bristled at the word. In an unpublished memoir, he wrote belligerently, “I would never let the muddy waters of retirement swallow up my old carcass while my mind was still functioning and my hands were free of the stiffness of arthritis and inertia. I was only eighty years old. I had to keep busy.”

He found a new avenue for his talents a week after the birthday party. In addition to length and width, he experimented with depth in an unaccustomed art form. Originally, he agreed with artist Ad Reinhardt, who defined sculpture as “something you bump into when you back up to look at a painting.” But in his golden years, Rube came to a different point of view. Though he took a few lessons to learn about molding and armature, he was essentially self-taught, experimenting as he went along, working with clay and taking the object to a studio, where the figure was copied in wax and then cast in bronze. Predictably, he began by making sculptural cartoons but soon became a serious artist, rendering people and animals with surprising felicity and grace.

Between 1963 and 1970, Goldberg made some 300 bronze objects. He was less impressed with critics’ praise than with the price tags: most of the sculptures were quickly snapped up at prices ranging from $700 to $3,000 (today, they go for ten times as much). All this paled before the ultimate tribute: a 1970 retrospective of Goldbergiana at the Smithsonian Institution. The exhibit, titled , featured drawings, sculpture, writings, and memorabilia, as well as a documentary film about a career that spanned the century. By then, alas, Goldberg’s omnipresent cigars had caught up with him, and he was suffering from throat cancer. Nonetheless, he walked cheerfully through the exhibit, marveling at the opening-day crowd of 2,000, and remarking, “It’s like seeing my own obituary written large and bright.”

That’s exactly what it was. Two weeks later, Rube was dead. Every major newspaper ran a large appraisal, all concentrating on the devices that would outlast everything else he had done. The editorialized that Goldberg’s “message is a lasting one: Beware of the all-knowing computers, supersonic gadgets and the rest of the hardware. Beware, too, of the proponents who aim to dominate the human element in life.” The stated that Goldberg’s “fantastically complicated devices to achieve ludicrously simple ends are today more profound commentaries on our times than they were when his mischievous mind first conceived them several generations ago.” Other papers joined the chorus, and then the cartoonists had their say. Karl Hubenthal was typical. In the , he pictured Goldberg at heaven’s gate. Saint Peter operates it by means of a contraption involving a rabbit, a pistol, a sailboat, a candle, a boiling kettle, a spool, and a length of string.

Most objects diminish as they grow distant. Goldberg has defied natural law by becoming larger since his death. Theta Tau, the oldest and largest professional engineering fraternity in the U.S., initiated the annual Rube Goldberg Machine Contest in 1989. According to the rules, said machine must be constructed of real materials and use at least 20 steps to accomplish its task within two minutes. Past winners include Screw a Light Bulb into a Socket; Toast a Slice of Bread; and Select, Mark, and Cast an Election Ballot. In 1995, the U.S. Postal Service issued a 32-cent stamp, “Rube Goldberg’s Inventions,” featuring the Automatic Napkin Machine, first drawn in 1931. In 2010, the alternative rock group OK Go produced a music video featuring a giant Rube Goldberg machine, incorporating marbles, dominoes, wheels, complicated tunnels, and, at the end of the song, paint guns that splashed the group with colorful dyes.

Today, when Frances X. Clines writes about the “Rube Goldberg Approach to Campaign Transparency” in the , or Daniel Henninger’s column focuses on the Rube Goldberg Democrats, or the warns of the “danger of Rube Goldberg legislation,” no one has to ask what they mean. Goldberg’s reputation is as permanent and visual as a mischief-making cartoonist (A) absentmindedly putting his pen in the cat’s dish of milk (B), thereby frightening feline (C), which caterwauls, making dog (D) happy. Canine wags tail, accidentally knocking over a bottle of Jack Daniels (E) on coffee table (F). Parrot (G) flies from his perch (H) and laps up bourbon drops (I). Inebriated, the bird flies off, grabbing cartoonist’s nameplate (J) and dropping it into a shelf of reference books (K). It finds a home in there—for journalists, for engineers, for biographers, for humorists, for readers—forever.

City JournalThe Eskimo Hunts in Miami.

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Beanie Baby Mania

Photo by Dominique Godbout

, by Zac Bissonnette (Portfolio, 272 pp., $26.95)

In the last few years of the twentieth century, speculative mania gripped seemingly normal Americans. People debated prices in online chat rooms. They devoured literature claiming that sound fundamentals, not froth, led to sky-high valuations. The frenzy grew and then, suddenly, the bubble burst. People lost everything.

This describes the dot-com crash, but it also describes a less-remembered mania for adorable plush toys known as Beanie Babies. In , journalist Zac Bissonnette blends the unlikely economics of an asset class encompassing Kiwi the Toucan and Happy the Hippo, and the unhappy tale of Ty Warner, the ruthless tycoon behind them, into a saga far more entertaining than a business book deserves to be.

Like many in the toy industry, it turns out, Warner had an unhappy childhood. His father abused his sister; his mentally ill mother would later steal Warner’s car. Perhaps to compensate, Warner developed an obsessive attachment to stuffed animals. After beginning his career as a salesman, he threw himself into getting the details of the animals he designed for his eponymous toy company right. The eyes in particular had to lock on a buyer. He once borrowed an employee’s pearl necklace to be sure the pearlescent color of a product’s fur was correct. He wanted all his toys to be worthy of bearing his name, “Ty,” on the ubiquitous heart-shaped tags.

From the beginning of his entrepreneurial journey, “his two biggest competitive advantages—obsessive attention to detail and trade-show charisma—outweighed his myriad disadvantages: lack of scale, no advertising budget, a small and not especially competent sales force, a limited product line, and little in the way of a track record with retailers,” Bissonnette writes. Warner would sell only to small stores—a declining market—because he never wanted to see his precious animals end up in a big-box discount bin. Yet the resulting difficulty this created for customers wound up adding to the mystique. People like a hunt. Fortune was kind to Warner for a while, and the limited availability, coupled with strategic “retirements” of desired Beanie Babies, boosted demand. A few collectors started re-selling rare Beanie Babies on eBay. As they made money and told their friends, a mania ensued.

“More than any other consumer good in history, Beanie Babies were carried to the height of success by a collective dream that their values would always rise,” Bissonnette writes. Magazines sprung up to speculate about retirements. Ty was one of the first companies to connect with customers online, using its chat rooms to spark rumors. The company also benefitted from the larger economic climate, in which people reaped riches in the stock market. “Might Bruno the Bull Terrier be the next royal blue Peanut the Elephant? At $5 it certainly seemed worth a try, and they were cute enough as toys to overcome skepticism: even if they didn’t go up in value, they still made great gifts.” Indeed, Beanie Babies provided a middle ground between lottery tickets and Nasdaq IPOs. For those unable to speculate in the stock market, “spending $50 on plush was their connection to the so-called new economy.”

Like all bubbles, it didn’t last. Warner overplayed his hand, releasing too many new models and angering retailers with quixotic shipments and wretched customer service. Bissonnette quotes a collector calling these plush toys “something really cute that just brought out the worst in people.” People who bought 100 Happy Meals at McDonalds to collect the Beanie Babies that came with them, or who invested their kids’ college funds in Stripes the Zebra, soon found they owned worthless bean bags. Warner, on the other hand, had strategically invested his massive wealth in real estate, and when later accused of tax fraud, listed his net worth at $1.7 billion.

Of course, as the tax fraud charge implies, Warner had plenty of his own trouble, much of it self-generated. While the inflation and bursting of the Beanie Baby bubble is the primary theme of Bissonnette’s book, the author also writes a reasonable biography of Warner, a trick that required as much work as Warner put into perfecting his designs. Warner refused to be interviewed, so Bissonnette had to dig deeper, combining gumshoe work with incredible luck. A major coup: he befriended Warner’s ex-girlfriend, Faith McGowan, and gained access to her unpublished memoir of their affair, before she died suddenly in June 2013.

The details are so bizarre you simply couldn’t make them up. The billionaire Warner once offered to take a 5-year-old daughter of associates out for ice cream, then checked to make sure she had money to pay for her own treat. He could run a huge company but, left alone for the evening to babysit McGowan’s daughters, wound up in a closet, claiming he was unable to handle the responsibility. Bissonnette speculates that one of Warner’s mass product retirements—one that might have precipitated the bubble’s popping—stemmed from this: “McGowan remembers that Warner had recently begun taking a new antidepressant in the weeks leading up to the retirement announcement.”

Bissonnette leaves no potential source un-contacted. He even visits a West Virginia prison to interview Jeff White, the man convicted of killing a co-worker over a Beanie Baby deal gone bad. And yet despite the sheer volume of material, Bissonnette maintains a swift velocity with his darkly comic prose. White sold Beanie Babies to make extra cash: “It wasn’t much, but it was steady and supplemented his sawmill work and drug dealing.” Just when the reader worries the pace will slow, Bissonnette sparks things up by visiting a fanatical collector in North Carolina. His friend Ryan gives him a ride. “The first thing we saw when we pulled up in front of the house was that the windows in one of the rooms on the second floor were covered in tinfoil. ‘I am not,’ Ryan said, ‘dropping you off at the home of an obsessive Beanie Baby collector who covers his windows with tinfoil.’ But he did.” This collector, it turns out, “has to remove hundreds of Beanies from the bed each night before sleeping in it.”

The details speak to the power of nonfiction. If you wrote in a novel that Jeff White, in prison, had settled down, gotten certified in hospice care, and taken care of 45 fellow inmates as they died, no one would buy it. Nor would they buy what Warner is doing now: indicted and convicted of tax fraud, he received a relatively light sentence of community service, advising the Entrepreneurs Club at a Catholic school. Bissonnette relates Warner’s advice to these children: stay focused on the visceral response to your products, and always be clear who you’re selling to. It’s good advice, even coming from one of the most improbably successful men in history.

168 Hours: You Have More Time than You ThinkFast CompanyUSA Today

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The new floral trend is about to sprout everywhere

 

It is not hard to see that flowers grow in fall 2015 runways. From New York to Milan, designers have been increasingly gardens on your clothes, and as good as it sounds. It's time to forget floral floral print and update applied, a process in which excess tissue is stitched in a project, creating a decorative 3D effect.

The Dolce & Gabbana, bright pink were sewn on the sleeves turtleneck dresses and shoes Mary Jane, and DelPozo, bright clothes and flashy petals covered. And as we move below the eyes - which are dotted with some beautiful shots of detail - is sure to put you in the spring weather, we find pieces with flowers you can use right now. Be sure to save them for the fall, because when it comes to this trend continues,

Policing Wikipedia

Photo by Duncan Hull

The NYPD has admitted that someone using an IP address registered to the department made edits to the Wikipedia page of Eric Garner, the 43-year-old Staten Island man who died last year after officers used a chokehold to subdue him. The department announced that it would investigate the edits, which it called a case of an employee using a work computer for personal purposes.

Cue the predictable howls of outrage at this attempt to whitewash the cold-blooded murder of an innocent man. The technology website Ars Technica called the edits an attempt “to sanitize Wikipedia entries about cases of police brutality.” Think Progress said they were an example of the police department’s fumbling its response to “increased scrutiny” after recent protests.

The outrage is misplaced, however. The real scandal is that anyone thinks Wikipedia is a reliable source of unbiased information.

Garner’s death was caught on a cell phone video and has been viewed by millions across the country, but what happened on the day he died remains in dispute. Reactions to the video vary. Some think the cops murdered Garner; others think he goaded them into taking him down. Some see Garner as the victim of an out-of-control police force targeting African-American men. Indeed, Mayor Bill de Blasio called Garner “a father, a husband, a son—a good man.” Others say that he was a career petty criminal with a chip on his shoulder. With so much to disagree about, it’s no surprise that Garner’s Wikipedia page has become a battleground.

The truth is, due to the way the site’s editing process works, most politically controversial articles on Wikipedia have the potential to be wrong or even libelous. Thanks to Wikipedia’s perennial spot as the topmost Google search result on almost any topic, the most politically controversial pages can become running battles between rival factions. In the process, fact, fiction, and farce get equal playing time. A 2005 entry accusing the journalist John Seigenthaler of involvement in the assassinations of both Robert and John F. Kennedy remained live on the site for four months. It only came down when the 78-year-old Seigenthaler, a personal friend of Bobby Kennedy’s and a pallbearer at his funeral, asked Wikipedia founder Jimmy Wales to intervene. As Slate columnist David Auerbach put it in December, editing fights over the site’s entries can be “as ugly and bitter as 4chan and as mind-numbingly bureaucratic as a Kafka story.”

Speed, not accuracy, is the Wikipedia editor’s prime motivation and sole focus. In fact, to call the mostly anonymous volunteers who curate the site “editors” is a distortion of the term. “Journalists and scholars have learned to tediously edit over and over again before publication to get it right,” noted author Edwin Black in 2010. “Wikipedia believes there is no use waiting—every edit and version is immediately public.”

Wikipedia’s champions claim that articles benefit from their “neutral point of view,” but the site has a clear liberal tilt. Compare the pages dedicated to two recent American vice presidents—Dick Cheney and Al Gore. Gore’s reads like a profile. Cheney’s reads like a bill of indictment. If you can’t see the difference, you might make a good Wikipedia editor.

Wikipedia allows “anyone” to contribute to and edit the site. That seems a poor approach if the goal is objective truth. If, however, the goal is a kind of consensus truth gained through iterative edits and compromise among competing factions, then why object to anyone’s input? The Garner affair and its aftermath had racial overtones. Should African-Americans be prohibited from editing the entry? At best, Wikipedia is an approximation of the truth. If the philosophy is come one, come all, then the NYPD has as much right to fiddle with the entries that pertain to it as anyone else. Let the edits fall where they may.

City Journal

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Parade Blarney

Photo by any.nyc

“The New York City St. Patrick’s Day Parade Committee announced last week that it was lifting its longstanding ban on pro-life groups marching in the parade.” That was my ironic lead to an article last fall about the ending of the parade’s so-called “gay ban.” In fact, I noted, there was never a gay ban at the parade. Rather, there was an evenhanded policy under which no political or ideological-advocacy groups with missions unrelated to Ireland were allowed to march. The policy covered right-to-life groups as well as gay groups.

In caving to pressure to allow a gay-rights group to march under its own banner, the parade committee suggested that it was abandoning the old policy across-the-board, and that pro-life as well as gay groups would henceforth be welcome. I criticized this apparent compromise, arguing that it would open a can of worms, inviting demands for “inclusion” and threats of litigation from groups having nothing to do with Irish culture. Well, the parade committee has since made clear that it never intended to seek a culture-war compromise, but rather to switch sides and curry favor with elite opinion by thumbing its nose at traditional Catholic parade-goers.

From the moment of its September 2014 announcement that a gay group at NBC, which broadcasts the parade, would march this year, the parade committee has sent conflicting signals about the inclusion of pro-life groups. Now, just days before the parade, it has become apparent that the committee has reneged on its commitment. No right-to-life group will be permitted to march.

Prior to announcing the policy change, parade organizers enlisted the support of Bill Donohue of the Catholic League for Religious and Civil Rights, the most vociferous defender of the old policy. They assured him that the policy had been changed for all advocacy groups and that a pro-life group would march in 2015. Based on this assurance, Donohue initially issued a conciliatory statement accepting the inclusion of the gay group. The September announcement, however, contained no mention of a pro-life group, and, according to a subsequent story, “a parade official was vague when asked about this commitment.” Afterward, parade spokesman William O’Reilly said a right-to-life group in fact be allowed to march. He confirmed in an e-mail to the that “[t]he committee will now let a pro-life group march with a banner.” O’Reilly reiterated to the that “the failure to mention a potential pro-life group marching was an error” and added that a “pro-life group will be looked at very much favorably by the committee. We look forward to seeing their application.”

A few days later, though, O’Reilly was undercut by committee vice chairman John L. Lahey, who is president of Quinnipiac University and will become parade chairman next year. “That won’t be happening,” Lahey said of the idea of a right-to-life group marching. “What we want to do is keep 2015 focused on the gesture of goodwill we made towards the gay community.” Attempting to explain this shift, O’Reilly said that no pro-life application had been received in the few days between his statement and Lahey’s, and that the parade was now full.

Lahey’s statement led Donohue to withdraw the Catholic League from the parade, saying that he had been “double-crossed.” But the earlier signals from O’Reilly led one small pro-life organization, the Children First Foundation (CFF), which promotes adoption rather than abortion, to apply. The parade’s reaction to this application continued the mixed messaging. In a January 22, 2015, rejection letter to CFF president Elizabeth Rex, parade committee chairman John Dunleavey stated cryptically that “[t]he committee has selected a Right to Life group which will be lead [] by the 4th Degree Knights of Columbus Honor Guard.” However, parade officials haven’t identified this group. Rex has been unable to find any pro-life group that had been asked to march. And a spokesman for the Knights of Columbus was unaware of another group marching with, or led by, the Knights at the parade, but said that as a general rule, Knights’ honor guards do not march under the banner of another group.

Rex thinks the group Dunleavey was referring to in his letter was the Knights of Columbus itself—a Catholic fraternal organization that has always marched and for which opposition to abortion is only a small part of its mission. Rex suspects that the parade committee’s attitude is that the Knights are pro-life, so there’s no need for a pro-life group to march under its own banner. If true, it would be ironic. This was the very argument the parade once used to justify its old policy against gay groups marching under their own banners.

The parade’s rejection of Rex ought to concern moderates who support gay rights but also support pluralism and mutual respect. It would have been easy and non-controversial for the parade to stick to the compromise and accommodate Rex’s CFF as the pro-life representative. She tells me that realistically she would have brought 50 to 100 marchers to a parade that claims as many as 250,000. Their banners wouldn’t even have been aggressively anti-abortion, but would have instead merely contained the CFF logo—a cartoon drawing of two children’s faces inside a yellow circle with the words “Choose Life” above the anodyne text “Raising Funds and Awareness for Adoption and Safe Havens.” And CFF’s presence would have had no impact on the gay group.

Yet it was too much for Lahey, the college president who now effectively controls the parade. As the head of one of the nation’s “top up-and-coming schools,” Lahey is presumably even more attuned than most to winning the approval of the academic and social elite, so his concern that nothing dim the parade’s “focus on the gesture of goodwill towards the gay community” is unsurprising. It may not win him any brownie points, though. New York City mayor Bill de Blasio and gay activists continue to boycott the parade because of its failure to include more gay groups.

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California Emerges

NATIONAL PORTRAIT GALLERY, SMITHSONIAN INSTITUTION / ART RESOURCE, NY
California’s “Bonaparte,” explorer John C. Frémont

The founding of California was an adventure, an epic, a tragicomedy, a conquest, and a window into America’s soul. It was a creation ex nihilo that reveals the roots of society, the establishment of justice, and the very nature of man. “All our brutal passions were here to have full sweep, and all our moral strength, all our courage, our patience, our docility, and our social skill were to contend with these passions,” native son Josiah Royce wrote of his motherland in 1886. Philosophers have long extrapolated from existing states, of whose origins the precise details are lost, just how political life comes into being. In California, there is no need to speculate. It happened only yesterday, every noble act and sordid deed alike recorded. From its beginnings, though, American California has always been a forward-looking place; the past holds little interest unless it can promise some future good. Yet the ascent to who we want to be must begin from knowing who we are—and how we got that way.

In the beginning, there were the Ohlone, the Miwok, the Chumesh, the Kumeyaay, and a hundred other tribes—perhaps a third of all the Indians living in what would become the continental United States. They roamed the land and lived off it, not needing, wanting, or knowing how to cultivate it. Nor were the Spanish much interested: they waited 250 years from discovery to settlement and came not for the land, and not even for the gold—which few sought and none found—but for souls. By then, Madrid’s lust for territory and specie had cooled to a flickering ember. Besides, California was far away—1,500 miles and four months on foot from the colonial capital in Mexico City. The sea, with its relentless southbound currents and winds, offered little respite. On all sides, nature threw up barriers—tall mountains, dense forests, blazing deserts, treacherous waters, steep cliffs—like the walls of an ancient city, as if to lock away the treasures within.

California on the eve of its destiny was bucolic, beautiful, temperate, backward, and close to uninhabited—almost an Eden. The territorial capital lay on the fishhook at the southern end of Monterey Bay, a tolerable anchorage but inferior to the great harbor—arguably the world’s finest—100 miles to the north in what would become San Francisco. Monterey, less shrouded by fog, was discovered first (by 227 years) and so became Spanish California’s nerve center, despite its difficult overland links to the north and virtual inaccessibility from the south. Indeed, the 200-mile stretch between Carmel and San Simeon, where the Santa Lucia Mountains plunge almost straight into the Pacific, remained nearly untouched until the opening of Highway 1 in 1937. Monterey was the only legal port of entry for all goods coming into colonial and later, Mexican, California—a lucrative choke point for tax collectors, given that California produced almost nothing beyond food and depended on the Manila galleons and, later, Yankee clippers for just about everything else. The Monterey Custom House remains the oldest government building in the state; in 1932, it was designated California Historic Landmark Number One.

Santa Barbara, with an estimated population of 1,800 in about 1840, was the larger metropolis and California’s cultural capital—New York, as it were, to Monterey’s Washington. In addition, there was a small settlement at the southern end of San Francisco Bay (San Jose) and another, even smaller, 400 miles to the south in the center of a vast alluvial plain, called El Pueblo de Nuestra Señora la Reina de los Ángeles (the Town of Our Lady the Queen of Angels). But the majority of the 10,000 or so Californios—those largely Spanish-speaking, mostly Roman Catholic people born and raised in Alta California from the days of the first Spanish colonies until Mexico ceded the territory in 1848—lived not in the colony’s few towns but in the missions, on the presidios, and at the ranchos.

What we know of these institutions derives overwhelmingly from one source: Richard Henry Dana, Jr.’s memoir, (1840). A Boston Brahmin educated in part by Ralph Waldo Emerson, Dana dropped out of Harvard in 1834 to improve his failing health with a stint at sea. His travels brought him to Mexican California, where he dutifully recorded everything he could about local life. And he appears to have been the only one: the natives—Indian and Spanish alike—were either illiterate or uninterested in the pen. Decades later, Illinois-born Johnston McCulley would bring time and place to life through his Zorro stories, using Dana as his primary source.

The missions were the original of Spanish California. The first, San Diego de Alcalá, became (five years after St. Louis) the second European settlement west of the Mississippi. Founded to convert the Indians to Christianity, Alta California’s 21 missions today seem ready-made for inclusion in the academy’s anticolonial, racism-explains-everything narrative. In fact, the friars, aided by their military muscle, did forcibly relocate Indians onto mission grounds, where many wound up mistreated. Inevitability cannot excuse genuine injustice. But the academics’ unspoken premise—that this gorgeous, rich, paradisiacal land would, should, or could have remained backward and vacant forever—is so preposterous that it’s little wonder that they decline to spell it out.

California’s four presidios were built to protect the colony against incursions from the English, the Russians, and any other adventurers who might happen along. The three most important—in San Francisco, San Diego, and Monterey—occupied high ground just above their harbor entrances, cannons poised to rain hot iron down on hostile fleets that never came. In Santa Barbara, which has no natural harbor, the presidio was built slightly inland to protect an isolated stretch of El Camino Real, the road linking the mission chain (today’s U.S. Highway 101).

Those familiar with these areas today—among the most spectacular plots of land in a state overflowing with the spectacular—should resist the temptation to nostalgia. Life on the presidios was hard. Food was rustic and luxuries nonexistent. Boredom was endemic, punctuated by necessary toil and discipline-reinforcing busywork. Things got interesting only when Indians revolted or, more often, tried to run away. It was the soldiers’ job to restore the status quo ante.

The ranchos were the true heart of Californio society. The Spanish initiated the land-grant process—concessions to use, but not own, gigantic tracts throughout California—to encourage civilian, secular settlers at a time when every white man in the territory was a priest or soldier. It “worked” only in the sense that the number who took the crown up on its offer was not quite zero. After independence, the Mexican government offered titles free and clear, which enticed a few more.

To call the ranchos “baronial” would be an understatement. The largest such grants spread well over 100,000 acres; only the greatest royal English duchies compare as contiguous estates. Rancho Los Nietos, for instance, comprised the lands of what would eventually become 16 incorporated cities in modern Los Angeles and Orange Counties. All the storied names that today define haute California—from Pacific Heights to Pebble Beach, from Beverly Hills to La Jolla—once fell within land-grant boundaries. Had the ranchos not been later broken up through a combination of force, fraud, fortune, and foresight, the decedents of those original grantees might today make the dukes of Westminster (a family that owns 300 of the choicest acres in West London) blink with envy. But these were not the manicured metes and bounds of the sceptered isle. California’s ranchos were wild, untamed, almost untouched. Very little land was developed, farmed, or improved in any way. At the center of each property stood a set of simple structures—a hacienda, some outhouses, perhaps stables or a barn, all crudely built of adobe, some little more than lean-tos.

Nonetheless, by and large, life was as easy on the ranchos as it was difficult on the presidios and mission grounds. Hispanicized Indians were happy to leave mission drudgery for the milder toil of waiting on the ranchero elite, which mostly consisted in preparing elaborate daily meals, some of which the servants were even allowed to eat. The whole day—the Californios’ whole lives, one might say—centered on eating. Cattle—first brought to Mexico from Spain, and then driven north with the friars—were so abundant that beef essentially cost nothing. Spices had to be imported (at great expense), but everything else—tomatoes, beans, corn, peppers, onions, oranges, apples, and pears—was grown locally, in soil that the Californios suspected was superior to any other, foreshadowing California’s emergence as the world’s agricultural powerhouse.

Horses roamed freely and so abundantly that ownership claims were rarely asserted, much less enforced. A traveler simply grabbed the rope helpfully left around a horse’s neck by its last rider and went on his way, leaving the animal at his destination for the next ranchero who happened along. Visits were frequent and long: everyone was related by blood or marriage; besides, there was nothing else to do.

It couldn’t last, and it didn’t. Mexican California was almost completely bereft of civic institutions: there were, at most, “two or three schools,” historian Kevin Starr reports, and only one printing press. Food was plentiful, but the economy otherwise barely rose above subsistence. Cowhides and tallow, which Dana’s merchant brig collected for shipment to Boston, were the only exports. The presidios were weakly defended. When finally put to the test, they fell with scarcely a shot.

By mid-century, the missions were dying or dead. The young Mexican republic wished to purge itself of all remnants of Spanish royalism and so secularized the entire chain, with the vague intent of dividing its holdings between resident Indians and future colonists. But few Indians wanted to stay, and even fewer Mexicans wanted to come. “No man came thence except under compulsion, or for wages,” wrote George Lockhart Rives in his comprehensive history of early U.S.-Mexican relations. Military wives whose husbands were posted to California demanded—and received—hardship pay. Most of the rest of the secular population were discipline-case soldiers to whom California was a place of exile.

In 1834, Governor José Figueroa proposed a generous plan to revert all mission land to the Indians, but—like Lincoln on the eve of Reconstruction—he died before it could be carried out. Most of the properties were either sold or seized. The structures fell into decay, pillaged by the locals for raw materials à la the Roman Coliseum, until Yankee-transplant preservationists took up the cause of restoration in the late nineteenth century.

California in 1840 was a colony ripe for the taking. And it was soon taken.

As historian Robert Kagan demonstrates in , westward covetousness formed part of the American character almost from the first English settlement. Yet few Americans dreamed of incorporating California. Most Americans viewed it as the Spanish had: too far, too remote, and too empty to be of any use. Then, by coincidence or fate, Dana’s memoir appeared at the precise moment when America’s appetite for expansion reached a climax. Though the phrase “Manifest Destiny” would not appear in print for another five years, the underlying sentiment was fully formed. Dana called San Francisco Bay the finest spot for human habitation on the planet and predicted that it would inevitably become the site of one of the world’s greatest cities, commercial centers, and strategic hubs—whether under the American flag or some other. Two years later, in 1842, the U.S. ambassador to Mexico described the whole region as “the richest, the most beautiful and the healthiest country in the world . . . with the acquisition of Upper California we should have the same ascendency on the Pacific” that America then enjoyed on the Atlantic.

The British were interested, too. Her Majesty’s First Lord of the Admiralty described San Francisco Bay as “not only the finest harbour, but the most easily defended, really unattackable from the land side, and therefore as good as an island, while toward the sea it has facilities of defence which are hardly to be found anywhere,” concluding that the bay is “the Key of North-West America.” English officials approached Mexico with a number of schemes, from helping the country restructure its debt in return for land to purchasing California outright. That negotiations went nowhere didn’t matter. The mere chance that others might claim the prize inspired Americans to realize how badly they wanted California and how far they were willing to go to get it.

In the fall of 1842, Commodore Thomas Catesby Jones, a hero of the War of 1812, commanded the U.S. Navy’s Pacific Squadron—one frigate, two sloops, and no home port. The American consul in Mazatlán sent Jones an urgent message that the United States had gone to war with Mexico—and that the British and possibly the French were coming to take California. Invoking the Monroe Doctrine but otherwise without orders, Jones sailed into Monterey harbor, seized the town, and raised the American flag over the custom house. There was no war, which the commodore eventually accepted after occupying the city for three days. That little adventure should have alerted Mexico to the danger from the east, but it didn’t.

And Washington knew it. In 1845, as war loomed with Mexico over Texas, the secretary of the navy wrote to Commodore John D. Sloat, who had replaced Jones:

The Mexican ports on the Pacific are said to be open and defenceless. If you ascertain that Mexico has declared war against the United States, you will at once possess yourself of the port of San Francisco, and blockade or occupy such other ports as your force may permit. Yet . . . you will be careful to preserve, if possible, the most friendly relations with the inhabitants; and, where you can do so, you will encourage them to adopt a course of neutrality.

President James K. Polk’s administration hoped that the Californios would regard war with the United States as Mexico’s problem, not theirs, perhaps declare independence, and even—the best-case scenario—seek to join the American Union. Relations between Monterey and Mexico City were distant, in every sense. To protect Yankee trading interests, Washington found it useful to have its own man on the spot: U.S. Consul Thomas Oliver Larkin, the only American official in all of California. Like Dana, Larkin was a Massachusetts native; his grandfather lent Paul Revere the horse for his Midnight Ride. Unlike Dana, Larkin never went back. He learned Spanish, set himself up as a carpenter, grocer, merchant, trader, and moneylender, while remaining both a Protestant and a U.S. citizen. As Californio discontent with Mexico grew, the State Department gave Larkin secret instructions to encourage California to secede peacefully and join the United States. In any event, the U.S. government was prepared to act should “Great Britain or any other European power” try to take California. Commodore Robert F. Stockton rounded Cape Horn with another squadron and orders to prowl the Pacific as a bulwark against possible Royal Navy incursion.

Balancing this overt aggression with covert solicitation proved difficult, especially for John C. Frémont. He has been called, with reason, “our Bonaparte.” Vain, imperious, talented, daring, unscrupulous, and impatient, Frémont was in 1846 a mere captain in the U.S. Army—and not in a frontline unit but in the Corps of Topographical Engineers. Yet his stature transcended the paper limits of his commission.

Despite his illegitimacy, Frémont managed to marry into the highest circles. His wife, Jessie, was the daughter of Senator Thomas Hart Benton, for 30 years Washington’s most dogged proponent of westward expansion, “Mr. Manifest Destiny.” The senator at first disapproved of the marriage—contracted when Jessie was only 16—but came around when his new son-in-law turned out to be adept at promoting the old man’s favorite cause. Benton used his influence to have young Frémont appointed commander of three explorations of newly acquired U.S. territory. During the second expedition, Frémont made a detour to map a route over the Sierras into the Sacramento Valley. His published report of that trip—written up in style by his wife—vaulted him to national fame, prompted comparisons with Lewis and Clark, and earned him the sobriquet “Pathfinder.”

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That report also inspired hundreds of Americans and others to make the long, dangerous trek to California. Some were drunks, horse thieves, or gunfighters, repelled by law and order and attracted to the world’s wilder locales. But most were legitimate pioneers seeking to put down lasting roots. The majority arrived without incident, their names soon to be forgotten. Others, such as the Donner Party, were less fortunate but more famous.

A few settlements—for instance, John Augustus Sutter’s fort near the junction of the Sacramento and American Rivers—enjoyed official sanction from the Mexican authorities. Sutter, born in Germany and raised in Switzerland, claimed to have been a “captain of artillery in the Royal Swiss Guards in service to the French king” and styled himself “Captain” after he came to California. But later research showed that his claimed regiment never existed. Nor does any trace of him show up in any extant Swiss military records. Given that he had fled Europe to escape paying debts, it’s likely that he just made his title up. Sutter, at any rate, was welcome, but Mexican policy allowed almost no others. They came anyway, in ignorance or defiance of the law, which was not enforced, and Californioschose to see the bright side. Why not welcome the settlers? No one else wanted to come. If these assorted Americans, Irish, Swiss, and sundry castoffs could get some productive farms and ranches going, it would be good for the economy. Few, apparently, paused to reflect that Mexico had lost Texas for much the same reason, with one important difference: the Anglo settlers in Texas had been invited.

Before Frémont’s third expedition, as war loomed between the United States and Mexico over Texas, his father-in-law managed to secure the young officer an audience with President Polk. No written record exists of what the men discussed, a fact that Frémont would later use to his advantage. The ostensible purpose of Frémont’s excursion was to find the source of the Arkansas River. Leading only 60 men—and guided by legendary superscout Kit Carson, whom the Frémonts’ reports made a national icon—Frémont quickly found the source of the river. But rather than turn back, he crossed the Sierras again, stopping at Sutter’s Fort to fan rumors—already circulating—that the Californios were organizing to seize gringo land. Frémont promised the settlers that, should it come to blows, he and his men would defend them.

Leaving his men at Sutter’s Fort, Frémont proceeded to Monterey, where he met Larkin, through whose good graces he received permission from General José Castro to rest and resupply before continuing what he now claimed was his mission to survey “the nearest route from the United States to the Pacific Ocean.” This, Frémont indicated, he expected to find well to the north, in disputed territory that the British knew as Columbia and the Americans called Oregon. Instead, he led his company south and west, to the coast at Santa Cruz, and then down past Monterey into the Salinas Valley. An explanation was demanded, and Frémont replied that he was scouting a seaside retirement home for his mother. Not amused, the ordered the Americans to leave California.

Frémont’s response set in motion a chain of events that he would spend the rest of his life trying, with some success, to misrepresent, obfuscate, glamorize, and spin.

In defiance of Castro’s order, the Pathfinder led his troops up Gavilán (later renamed Frémont) Peak, threw up some barricades, and raised the American flag. In a letter to his wife, Frémont justified this action as the natural response to outrageous Mexican inhospitality. Larkin wrote Frémont a scolding letter, outlining the ways that the captain’s behavior hurt U.S. interests and endangered Americans living in California. He also warned that Castro was gathering troops for an attack. Rather than wait for that assault, Frémont decamped and began a slow march north. On his way, wherever he encountered American settlers, he stirred fear of Mexican aggression.

On May 9, 1846, on the southern shore of Klamath Lake, Frémont and his party were met by Marine Lieutenant Archibald Gillespie, dispatched from Washington the previous November with detailed instructions for Larkin and Commodore Sloat, as well as a packet of private letters for Frémont. The Frémont-Gillespie meeting, now almost completely forgotten, was once a hallowed event in the annals of the American West, on par with Stanley and Livingstone in the mythology of the British Empire. Gillespie delivered letters from Frémont’s wife and father-in-law but nothing from the Polk administration. Later, Frémont would insinuate that Gillespie verbally communicated to him orders from Washington to seize California by force. While only the participants knew for certain what was said, it is certain that Gillespie delivered to Frémont no written orders. Frémont later claimed that the letters from Senator Benton contained instructions, written in a “family cipher,” to seize California. Implausibility aside, even if the claim is true, the senator—an officer of the legislative, not the executive, branch—was in no position to give such directives. Decades later, the investigations of Josiah Royce proved, as near as anything can be proved, that Frémont acted alone in what followed.

At their parting, Frémont told Gillespie that, with his mission accomplished, he intended to go home. But it’s also clear from his letters that he was nursing a wound from his retreat down Gavilán Peak and wanted a rematch with the Mexicans. So he broke camp and began marching through California in plain sight, hoping to provoke Castro or any other Mexican into starting a fight.

While resupplying at Sutter’s Fort, Frémont received a frantic visit from William Knight, an American squatter-rancher, who insisted that a party of eight Mexicans was leading 170 horses south to join General Castro, busy readying a punitive expedition against American settlers. How did Knight know? The Mexican wranglers had told him when they stopped to water their horses at his ranch. Apparently, no one thought to ask: If the Mexicans were coming to get squatters like Knight, why hadn’t they gotten him? Instead, several of Frémont’s men took it upon themselves to intercept the convoy and steal the horses—with Frémont’s full knowledge. If he didn’t directly order them to do it, he didn’t try to dissuade or stop them, either. And, the deed once done, Frémont kept the horses.

In truth, neither General Castro nor any other Mexican official in California intended to act against American settlers, even if they had sufficient forces to do so, which they didn’t. Castro wanted the horses not to fight Americans but to settle a score with Governor Pío Pico, his rival for control of California. But a hostile act having at last been committed—though all eight Mexican wranglers were let go unharmed—the horse thieves calculated that, having begun the affair, they had no choice but to see it through.

The horses had come from Sonoma, the northernmost town in California and the only Mexican settlement of any consequence in the interior. If swift retaliation were to come, Sonoma would likely be its source. Thirty-three men rode north, arriving before dawn on Sunday, June 14, where they found the town wholly unguarded and Mariano Guadalupe Vallejo—the highest-ranking official—sound asleep. Vallejo was duly awakened and, in the recollection of William Baldridge, one of the Americans present, he “went out and asked what we wanted, to which no one answered, for the very good reason, I believe, that none of us knew what reply to give.”

MAP BY DOLLY HOLMES

Vallejo offered them the fruits of his cellar and began to draw up the articles of his own surrender on terms highly favorable to himself. William Ide, by virtue of being the least drunk among the Americans present, saw through the ploy and declared that Vallejo and his retainers were to be delivered to Frémont as prisoners. A few were clear-minded enough to ask on what authority any of them had to take anyone prisoner—another unanswerable question. “As the deed had been done,” Baldridge later explained, “I preferred the risk of being killed in battle to that of being sent to Mexico in irons.” Ironically, perhaps, no Californio viewed the American cause more favorably than Vallejo. Throughout his career, he had sought good relations with the United States and even entertained the idea of formal union. In 1836—the same year that Texas broke away from Mexico—Vallejo joined in a rebellion that declared “the Free State of Alta California” under its own California Lone Star Flag (mimicking the one in San Antonio). It didn’t last, but Vallejo’s pro-Yankee sentiments did—and they would prove robust enough to survive his arrest and imprisonment.

As word got out, the party in Sonoma swelled to some 60 men. Most treated the affair as a hoedown. Others, realizing the enormity of what had been done, began to fear for their safety. Ide distilled the situation: “We are robbers, or we must be conquerors.” And so conquerors they became. Several of the men set to work on a hand-painted flag declaring the “California Republic,” with a single star in the upper left, harking back to Vallejo’s Lone Star Flag of 1836, and a grizzly in the middle signifying “strength and unyielding resistance.” (Those words, along with the flag’s design, came courtesy of William L. Todd, a nephew of Mary Todd Lincoln.) The ensign was duly raised over the Sonoma garrison—a building that, along with Vallejo’s house and several others from the period, still stands at the northeast corner of Sonoma Plaza. Ide retreated into Vallejo’s house, where he spent several feverish days writing a kind of hybrid proclamation-constitution, part Declaration of Independence, part Plato’s .

The “Bear Flag Republic” lasted 25 days. Frémont quickly joined the party in Sonoma, defeated a small Mexican counterattack, and then crossed the Golden Gate, where he and his men spiked the ancient and ineffectual guns on the San Francisco Presidio. Commodore Sloat, who had been idling with his squadron in Mazatlán, got wind that hostilities had commenced along the Rio Grande and so—remembering his orders—sailed for Monterey, where he took the town without firing a shot and raised the American flag over the custom house. Two days later, Commander John B. Montgomery of the USS anchored in San Francisco Bay, seized that town, also without firing a shot. Montgomery then dispatched Lieutenant Joseph W. Revere—a grandson of Paul Revere and later a general in the Union Army during the Civil War—to Sonoma, where he hauled down the Bear Flag and replaced it with the Stars and Stripes on July 9, 1846.

On July 15, Commodore Stockton arrived to relieve the old, tired, and ailing Sloat and put ashore about 400 marines to garrison the northern towns. Then he gave Frémont a battlefield promotion to lieutenant colonel and authorized him to augment his party of 60 men with another 100 or so Bear Flaggers (as the conquerors of Sonoma were called), Indians, and mountain men. These were duly commissioned the California Battalion of Mounted Riflemen—“as colorful as any column of condottieri from the Italian Renaissance,” in historian Starr’s words. By mid-August, this unit had taken San Diego and Los Angeles without firing a shot. Indeed, up to this point, there had been almost no causalities on either side in California. With virtually every Mexican settlement in American hands, the conquerors assumed that their job was done. Kit Carson was dispatched to Washington with the good news.

The fighting might have ended there, except that Gillespie—now a major—was left to govern Los Angeles, a role in which he proved overzealous. A month into his tenure, exasperated Californiosrevolted, trapped the Americans, accepted their surrender—and then, inexplicably, let them go. An attempt to retake the Pueblo in October failed decisively and cost ten American lives (though the Californios suffered no casualties). But the bloodiest battle was still to come.

On the outbreak of war, Brigadier General Stephen Watts Kearny had marched his Army of the West from Fort Leavenworth, Kansas, to Santa Fe and, finding the city undefended, seized it—again, without firing a shot. He then proceeded west, meeting Carson along the way. Unaware of the revolt against Gillespie, Carson told the general that California was firmly in American hands. Kearny promptly sent two-thirds of his men back to Santa Fe and continued with only 100 troopers. The company arrived near San Diego tired, thirsty, dejected, and riding horses near death from the grueling trek through the Sonora Desert. These they replaced with untrained mules purchased from a wily herder.

Gillespie, now leading only 30 lightly armed men, managed to find the general and inform him of an approaching force of 100 on fresh horses led by Governor Pico. Despite Gillespie’s ouster from Los Angeles, neither he nor any other American officer respected the Californios fighting spirit. So Kearny resolved to force a battle—which he promptly lost, as his unruly mules declined to cooperate with his men. The Battle of San Pasqual, on December 6, 1846, is notable for many reasons, not least the casualty count—17 Americans killed and 18 wounded, versus two dead and 12 wounded among the Californios. Though small by any measure—total casualties for the Mexican-American War would number some 30,000—even this low level of bloodshed was shocking to those accustomed to cost-free victories (and defeats) in California.

But Pico’s victory proved Pyrrhic. Kearny linked up with Stockton’s marines, while Frémont and his men approached Los Angeles from the north after taking Santa Barbara—for the last time in the war, without firing a shot. Once combined, this force of some 600 quickly won engagements on two successive days and retook the Pueblo on January 10, 1847. Three days later, the Californios formally surrendered at the Campo de Cahuenga, on the northern slope of the Santa Monica Mountains, in today’s Studio City. For all his bluster and bravado, Frémont offered generous terms. It would be more than a year before the war formally ended, but the fighting in California was over.

It’s one of history’s small ironies that a state that takes its nickname from gold owes so little of its existence as an American polity to that metal. Yet because gold is—throughout all times and places—one of the catalysts of human greed, ambition, and invention, it looms large in California’s image of itself.

The story ought to be familiar. James Marshall was a New Jersey transplant, enthusiastic Bear Flagger, and enlistee in Frémont’s battalion. With hostilities over, he drifted back to Sutter’s Fort in mid-1847 and partnered with its proprietor to build a water-powered sawmill to feed the region’s growing demand for lumber. Marshall selected a site near Coloma, where the south fork of the America River runs especially fast. On January 24, 1848—one year and 11 days after the “Capitulation of Cahuenga”—Marshall spotted something glimmering in the riverbed. Then more. Then still more. They couldn’t be. Or could they? He took a handful of pieces, subjected them to various tests, and concluded that, indeed, they were. Marshall later claimed that he told his workers, “I have found it,” mirroring the ancient neologism that Diogenes Laertius tells us that Archimedes exclaimed as he rose from his bath, finally realizing how to measure the volume of irregular shapes. Both stories may be apocryphal, but in the modern case, the implausibility fits the setting. “Eureka” would appear on California’s first Great Seal and become, in 1963, the state’s official motto: a made-up word for a make-believe land.

Sutter wanted the discovery kept secret. He feared that gold fever would ruin his dreams of an agricultural New Helvetia. (It did.) But Marshall had a big mouth. Sam Brannan’s was even bigger—and he had a newspaper. If anyone exemplified the spirit of early California, it was Brannan. Equal parts entrepreneur, huckster, and visionary, he had a talent for getting in on the ground floor. When he was 23, he joined the Church of Jesus Christ of Latter-Day Saints, then barely a decade old. He learned the printing trade and published one of the first Mormon newspapers. After LDS founder Joseph Smith was killed by a mob near the town he had established in Illinois, surviving Mormons debated where to go next. Brannan suggested California, and in 1846 he led nearly 250 of them around Cape Horn. When they landed at Yerba Buena (as San Francisco was then known) on July 31, the town’s population instantly tripled. Using the printing press he had hauled with him on the ship, Brannan founded California’s second newspaper, and San Francisco’s first—the —as well as that city’s first school. Then, to earn some extra cash, he set up a general store at Sutter’s Fort, the only such business in California’s northern interior. When customers started paying their bills with gold nuggets, Brannan knew something was up. He rushed back to San Francisco and ran through the streets shouting, “Gold! Gold in the American River!” Brannan bought up every piece of equipment he could find that might be useful to a miner. Pie tins for which he had paid 20 cents he resold as mining pans for $15. Within nine weeks, he had amassed $36,000.

But the Gold Rush didn’t begin in earnest until nearly a year after the initial discovery, when Lieutenant William Tecumseh Sherman, an aide to California’s military governor, sent east a report explaining the situation. On December 5, 1848, President Polk shared the report with Congress, and the rush was on. “First of all and most fundamentally,” writes Starr in his one-volume history of California, “it was exactly what the name implies: a rush, a mass migration, of mainly younger and some of middle age from all corners of the earth, including China and Australia, who ventured everything, their lives included (one in twelve would die in the process) on the gamble that they could strike it rich and thereby break through to a better life.”

And it happened fast—California underwent a “rapid, monstrous maturity,” in the words of Hubert Howe Bancroft, the prolific historian of the Old West. Within a year of Polk’s disclosure, the population of California increased tenfold, to about 100,000. Within three years, that figure was a quarter of a million—nearly all of them crammed into the 120-mile stretch of the Sierra Foothills that became known as the Mother Lode, in San Francisco, or in the brand-new paddle-wheeler port of Sacramento, established by Brannan and John Sutter, Jr., because of its desirable location: halfway between the goldfields and the Golden Gate, at the junction of the American and Sacramento Rivers, downstream from the mountains, with easy water access to San Francisco Bay.

There were, for all intents and purposes, only three industries in California at the time: mining; selling goods to miners; and buying, processing, and transporting their gold. During the 1850s, about $600 million ($15 billion today) was dug out of the soil. Yet the real wealth was made in the other two categories. Brannan, for instance, became California’s first millionaire. And the most famous Gold Rush tycoon was not a miner at all but a German-Jewish immigrant sent by his older brothers to San Francisco to open a branch of their dry-goods business. The riveted denim for which Levi Strauss would become world famous was not invented until 1873. But by then, his company was already well established as the most successful in California.

Wells Fargo was the other household name to emerge from the Gold Rush. In 1852, two years before moving to San Francisco, Henry Wells and William G. Fargo had founded American Express in Buffalo, New York. Both firms’ primary business in those early days was overland shipping, by horse and stagecoach. Since the chief cargo being transported west to east was gold, banking was an obvious complementary line of business for the new California firm. Competition was fierce. No licenses were required: anyone who wanted to start a bank could and, seemingly, did. San Francisco sprouted banks and assay houses—businesses that evaluated, bought, melted, sold, and traded gold—as numerous as California poppies. Wells Fargo, today the world’s largest bank by market capitalization, is the only one to survive to our time.

The Gold Rush later acquired a romantic image—a great adventure populated by fun-loving miners, perhaps a little worse for drink, reveling in rusticity and the outdoors, manly men enjoying being men. But the reality was brutal for most. Just getting to California was dangerous, with each route posing its own particular risk: shipwreck and drowning in the turbulent waters of Cape Horn; tropical disease or alligator attack in the Isthmus of Panama; venomous Gila monsters or heat stroke in the Sonora Desert; famine and frost in the Sierras; and the possibility of Indian ambush virtually everywhere. In the luckiest of circumstances, the trip would take half a year from the East Coast—nine months was typical—and far longer from Australia, China, and Europe, where perhaps a tenth of the miners originated.

By journey’s end, the danger was only beginning. The California goldfields were unusually violent and anarchic, even by the standards of the time. The annual homicide rate of 500 per 100,000 exceeded today’s by more than a hundredfold. Lynch law was the rule; statutory law, to the extent that it existed, went unobserved. The written record alone tallies some 200 lynchings in the Mother Lode between 1849 and 1853, and that’s a conservative estimate. The ones we know about at least had a semblance of order, replete with hearings and evidence. The great haste with which “justice” was done—typically little more than a day elapsed between arrest and execution—was appreciated as efficient.

The cities were worse. Herbert Asbury, once America’s foremost chronicler of the urban underworld, wrote a vivid history of San Francisco’s “Barbary Coast”—the nasty old waterfront, long since pressed inland by landfill and made over as the Financial District, the “Wall Street of the West.” Some of Asbury’s more fantastical stories have since been called into question. Yet the basic outline of his account was certainly true:

The Barbary Coast is the haunt of the low and the vile of every kind. The petty thief, the house burglar, the tramp, the whoremonger, lewd women, cutthroats, murderers, all are found here. Dance-halls and concert-saloons, where bleary-eyed men and faded women drink vile liquor, smoke offensive tobacco, engage in vulgar conduct, sing obscene songs and say and do everything to heap upon themselves more degradation, are numerous. Low gambling houses, thronged with riot-loving rowdies, in all stages of intoxication, are there. Opium dens, where heathen Chinese and God-forsaken men and women are sprawled in miscellaneous confusion, disgustingly drowsy or completely overcome, are there. Licentiousness, debauchery, pollution, loathsome disease, insanity from dissipation, misery, poverty, wealth, profanity, blasphemy, and death, are there. And Hell, yawning to receive the putrid mass, is there also.

Fittingly, Australians—whose national character, back then, was much closer to their penal-colony roots than to today’s smiling, laid-back sun worshipers—first settled the area. In the first, tender years of the Gold Rush, the notorious “Sydney Ducks”—California’s first street gang—ruled the Barbary Coast with iron fists (and guns and knives). The district filled quickly with miners. The successful ones had ample money to lavish on prostitutes, liquor, opium, and games of chance. Formally, there was law—the San Francisco Police Department was organized on August 13, 1849—but in practice, the police were often worse than the men they collared: “ex-bandits . . . quite as much to be feared as the robbers,” French traveler Albert Bernard de Russailh characterized them in his 1851 journal. Russailh concluded his lament with a cry of desperation: “The state is in a hopeless chaos, and many years must pass before order can be established.”

San Francisco responded with the so-called Vigilance Committees, from which we get our word “vigilante.” For all the angst that these self-appointed enforcers have caused historians in the subsequent century and a half, they were quite popular at the time. In fact, the committees appear to have executed a grand total of eight men, all of whom, one could make a plausible case, had it coming. Still, justice demands more. Procedure matters—as William T. Sherman pointed out when he resigned in protest as major general of the California militia: “[The vigilantes’] success has given great stimulus to a dangerous principle, that would at any time justify the mob in seizing all the power of government; and who is to say that the Vigilance Committee may not be composed of the worst, instead of the best, elements of a community?”

The Southland’s solution was to split the difference. Facing a stratospheric homicide rate of 1,240 per 100,000 in 1851—the highest ever recorded in an American territory—authorities organized the Los Angeles Rangers, a band of toughs more violent than the Vigilance Committees but with official imprimatur. Within a year, they got the area under control by rounding up the usual suspects and executing or exiling them. Longtime California observers will recognize certain continuities. San Francisco is and always has been more relaxed in matters of law and order; by contrast, the LAPD built a reputation as the nation’s toughest and most tenacious police force for a reason.

Along with its Greek motto, the California state seal depicts the goddess Athena, who sprang fully grown from the mind of her father, Zeus. This bit of self-congratulation commemorates the dispatch with which California was admitted to the Union as the 31st state, only the fifth since the original 13 not to have endured a territorial purgatory.

Not that the Polk administration hadn’t tried to impose one. The president repeatedly pleaded with Congress to authorize a territorial government for California, but Congress, deadlocked by the slavery controversy, would not act. On the outbreak of war in 1846, Pennsylvania congressman David Wilmot introduced his famous Proviso to prohibit slavery in any lands won from Mexico. It passed the House handily more than once but never escaped the Senate. Northern legislators would not accept a new territory that allowed slavery, and Southerners refused to admit one that didn’t.

And so California remained in a kind of limbo, ruled for the first three years after its seizure by a succession of military governors. Not just Sherman but several officers who later served with distinction in the Civil War—including Ulysses S. Grant, Henry W. Halleck, and Albert S. Johnston—helped administer California during this period. They performed well, though none—except Frémont, who envisioned a political career—wanted the job or had any training for it.

But California’s swelling Anglo population resented military rule, however competent, as un-American and an affront to human dignity. Tired of waiting for Washington and citing the U.S. Constitution’s “guarantee to every State in this Union a Republican Form of Government,” they took matters into their own hands. The people of San Francisco, San Jose, and most of the larger towns organized legislative bodies and began drafting laws in disregard, if not outright defiance, of the army and the federal government, to which the newcomers showed no ostentatious loyalty. American state or an independent republic: either outcome would be fine with them. Brigadier General Bennett Riley—the seventh and last military governor—faced an unpleasant choice. Intervening to stop this extralegal activity risked provoking a revolt that the overstretched army might not be able to put down. Doing nothing might reinforce secessionist sentiment then brewing in the American South and, at worst, lose the United States its greatest prize from the recent war.

Riley chose a third way. Without consulting or even informing Washington, on July 3, 1849, he issued a proclamation calling for a constitutional convention that September. Statehood was the goal. Forty-eight delegates assembled at Colton Hall in Monterey—all men, modern historians point out, and only eight of them Hispanic, including Mariano Vallejo, as if these facts invalidate the exercise. But the framers of California’s first constitution deserve more credit than they typically get. Proceedings at the convention were conducted in English and Spanish, and two of the convention’s three chaplains were Catholic. The new constitution would declare Spanish one of the state’s two official languages and granted women, regardless of marital status, the right to own property in their own names. California’s new majority, outnumbering the Californios at least ten to one, could easily have ignored or even despoiled the natives.

GRANGER, NYC — ALL RIGHTS RESERVED
The proceedings at California’s 1849 constitutional convention were conducted in English and Spanish.

It was a young group, too: the oldest delegate was only 53, and nine were under 30. The bulk of their work was to design the machinery of government. In this, the delegates had little outside help—Monterey had no library, few books, and hardly any printed materials. Mississippi-born William Gwin, a former congressman who relocated to California only that year, brought copies of the Iowa and New York state constitutions, Iowa’s having been chosen because it was the Union’s shortest—an irony, given the Proustian length of California’s endlessly amended constitution today.

Designing the new state government was the easy part. Dealing with slavery proved far more difficult. The Missouri Compromise of 1820 explicitly prohibited slavery in all the Louisiana Purchase territory north of Missouri’s southern border. That line (at latitude 36°30') bisected California almost perfectly. Fifteen of the delegates at Colton Hall—including the convention’s president, Tennessee-born Robert Semple, a veteran of the Bear Flag revolt—originally hailed from slave states. They argued that the line—by the spirit, if not the letter, of the Compromise—extended all the way to the Pacific. California must therefore allow slavery throughout or be divided in two, with slavery legal in the southern half. But California had been governed, however imperfectly, as a single entity for nearly 100 years. Isolated from the world by mountain, desert, sea, and distance, Californians—Hispanic and Anglo, north and south—had more in common with one another than with anyone to the east.

Yet in standing up for unity, the delegates were taking a chance that Congress would say no. The population of the American South had not kept pace with the booming North. Even buoyed by the Constitution’s notorious Three-Fifths Compromise, Southerners were easily outnumbered in the House of Representatives. Their only hope for political parity lay in the Senate, which a de facto national policy had kept evenly balanced between the two sectional interests by always admitting states in pairs: one slave, one free. In 1849, the tally stood at 15 each. A unified California would upset that arrangement no matter which path it chose. In the end, the pro-slavery forces were outnumbered and out-argued, defeated by genuine antislavery sentiment and fear of cheap competition—the same combustible combination that, in more evenly distributed numbers, would make Kansas bleed just five years later. As a fig leaf, the Southern faction inserted language suggesting that, after due consideration, all had agreed that California’s climate and soil were unsuited for the “peculiar institution.”

The convention finished its work on October 12, less than six weeks after it had begun. A party of men led by Gwin took the news and the document to Washington, which they quickly plunged into turmoil. The ensuing debate ranks among the most momentous in American history, the stakes nothing less than the survival of the Union itself. It was also the last clash of the “Great Triumvirate”—John C. Calhoun, Henry Clay, and Daniel Webster—all of whom would be dead within two years. As ever, nobody got everything he wanted. But on September 9, 1850, as the third of five provisions of the Compromise of 1850, California gained admission to the Union as a free state.

In January 1847, John C. Frémont had persuaded a tired and uninterested Commodore Stockton to give him the job of military governor after the Capitulation of Cahuenga. But General Kearny pulled rank and settled the title on himself, not without a lengthy argument that left bruised feelings on both sides. Ordered to return east, Frémont was arrested at Fort Leavenworth, court-martialed, and convicted of mutiny, disobedience, and misconduct. A grateful (or perhaps relieved) President Polk reduced and commuted his sentence. Frémont angrily resigned his commission in the army and returned to California, where, with Larkin’s help, he struck gold and became rich. Along with William Gwin, Frémont became one of California’s first two U.S. senators, beginning a decade-long tradition in which the state always sent to Washington one pro- and one antislavery senator.

In 1856, Frémont became the first presidential nominee of the two-year-old Republican Party, but lost to James Buchanan. President Lincoln reinstated him in the army in 1861, with a promotion to major general, and then fired him for insubordination. Frémont later saw brief action against Stonewall Jackson in Virginia but otherwise sat out the war in New York. He lost all his money in a railroad venture and lived the rest of his life in near-poverty. He died in New York City in 1890.

Mariano Vallejo died that same year in a small house in Sonoma, a few blocks from the official residence where he had been rousted from slumber in June 1846. He had served—among other distinctions—as one of California’s first state senators. An early capital of the state (there were four in all) on the San Pablo Bay was named in his honor. Legal challenges and lawyers’ bills chipped away at his extensive landholdings, and he died in modest circumstances.

Unlike Vallejo, José Castro declined an offer of American citizenship. He returned to Mexico, where he was named governor of Baja California. He was killed by bandits in 1860.

John Augustus Sutter’s lands were overrun and trashed by gold seekers; his beloved agricultural colony never recovered. Sutter spent most of his remaining years in court and lobbying Congress to honor his Mexican land grant. The issue remained unsettled when he died in Washington in 1880.

Thomas O. Larkin profited greatly from the confusion endemic to Spanish and Mexican grants, acquiring lands in every corner of the state. By his death in 1858, he was considered the richest man in America. He added to his political and business achievements two architectural distinctions: in 1850, he erected the first brick building in San Francisco; and the balconied home he designed for himself at 464 Calle Principal in Monterey—the first two-story house in California—originated the Monterey Colonial style.

The state of California . . . endures.

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