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The Impossible Cornerstones of Liberty August 6, 2020

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[This is the post for Wednesday, August 5, 2020.]

 

“‘Keep, ancient lands, your storied pomp!’ cries she

With silent lips. ‘Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!’”

– from the poem “The New Colossus” by Emma Lazarus

 

Today (August 5th) in 1844, when the cornerstone of the Statue of Liberty’s pedestal was placed on a rainy Bedloe’s Island, it seemed impossible to complete the project meant to be a testament to freedom, friendship, and the spirit of the people. People in France provided the funds for the statue designed by the sculptor Frédéric-Auguste Bartholdi (with scaffolding created by Gustave Eiffel), while people in the United States were meant to pay for the base and pedestal designed by Richard Morris Hunt. The only problem was that the Americans were short…about $100,000 short.

Hunt’s design for the pedestal and base incorporated the eleven-point star foundation of the army fort (Fort Wood) which had been built in 1807 and abandoned during the Civil War. He always intended his design to be simple, so as not to take away from the statue itself, but raising money for his design turned out to be such a challenge that he scrapped twenty-five feet from the height of his original design. He also cut back on materials so that instead of the pedestal and base being constructed entirely out of granite, he had to make do with concrete walls covered with a granite-block face. His cost cutting measures still might not have been enough if a certain newspaper man hadn’t decided to tap into the spirit of the people and, in doing so, overcame what some viewed as an impossible obstacle. That newspaper man was Joseph Pulitzer and on March 16, 1885 he implored people in the United States to give what they could, even if it was a penny, in order to pay for the base and pedestal of the Statue of Liberty. Starting with an ad and a series of front page editorials, he was able to crowd fund over $100,000 in about 5 months.

“We must raise the money! The World is the people’s paper, and now it appeals to the people to come forward and raise the money. The $250,000 that the making of the Statue cost was paid in by the masses of the French people – by the working men, the tradesmen, the shop girls, the artisans – by all, irrespective of class or condition. Let us respond in like manner. Let us not wait for the millionaires to give us this money. It is not a gift from the millionaires of France to the millionaires of America, but a gift of the whole people of France to the whole people of America.

Take this appeal to yourself personally. It is meant for every reader of The World. Give something, however little. Send it to us. We will receive it and see that it is properly applied.”

 

– quoted from The New York World editorial by Joseph Pulitzer, 1885

Joseph Pulitzer offered people a six inch metal replica of Lady Liberty (described as a “perfect fac-simile”) if they donated a dollar to the “Pedestal Fund” established by Pulitzer’s paper the New York World and a twelve inch replica if they donated $5. While that may not seem like a lot today, keep in mind that this was after the Financial Panic of 1873 (which created a depression in the United States and Europe). Also, interest seemed to be in short supply since the United States was still trying to recover from the Civil War – which left many Americans desiring heroic public art rather than allegorical public art. But, Joseph Pulitzer had a way with words and there were a group of people – immigrants – who were inspired to donate specifically because of the symbolism of the statue. Ultimately, over 125,000 people donated – most donating a dollar or less. They not only donated to receive the replicas, they donated via auctions, lotteries, and boxing matches.  They donated by depriving themselves of things they needed or things they wanted. Some kids donated by pooling their “circus” and candy money. Some adults donated what they would normally spend on drinks. At the end of the fundraising, Joseph Pulitzer printed every donor’s name in the New York World – regardless of how little or how much they donated.

The cornerstone is the first stone set in the foundation of a building or structure. All other stones are set in reference to the cornerstone; thereby making it the very foundation of the foundation. It determines the overall position of the structure and is often placed with a certain amount of pomp and circumstance. It is usually inscribed with the date of its placement and often includes a time capsule, which includes some clues as to what was important to the people who attended the ceremony. Such was the case with Lady Liberty’s pedestal cornerstone, which was placed over a square hole dug for a copper time capsule. The time capsule contained a number of articles, including the Declaration of Independence and the Constitution of the United States – both documents considered to be the cornerstones of the United States and the ultimate law of the land.

Although we don’t always think of it this way, one of the cornerstones of the legal system in a commonwealth is a bar. It might be wooden railing, it might be metal railing; however, historically, this bar separated those within the legal profession (specifically the judge and those who had business with the court) from everyone else. In particular, “everyone else” referred to law students whose aspirations were to “pass the bar” – meaning they would be on the other side of the symbolic railing. This symbolic railing is also used to refer to professional organizations, membership in which is sometimes required in order for an attorney to practice law in a particular jurisdiction. Let’s skip “state bars” for a second and just focus on “voluntary” bar associations – which, in the United States are private organizations which serve as social, educational, and lobbying organizations. Legal professionals can not only use these bar associations to network with other professionals and the general public (hence expanding their practice), they can also advocate for law reform. I place “voluntary” in quotes, because I’m not sure how possible it is to practice law in the United States without being a member of a “bar association” (not to be confused with a state bar).

Even if it’s possible to practice without being a member of a bar association – and I trust one of you lawyer yogis will educate me with a comment below – I imagine it would be quite challenging (maybe even impossible) to successfully practice. Especially, back when there was only one major bar association in the United States. And, especially back in the 1920’s when your race and gender prevented you from joining said association. Such was the plight of Gertrude Rush (née Durden), born today (August 5th) in 1880 in Navasota, Texas. Ms. Rush not only became the first African-American woman to be admitted to the Iowa (state) bar, for about 32 years she was (sometimes) the ONLY female attorney practicing in the state of Iowa (1918 – 1950). She placed a particular emphasis on women’s (legal) rights in estate cases and had a passion for religion, extensively studying the 240 women whose stories are featured in the Bible. Many within the local court referred to her as the “Sunday school lawyer.” She took over her husband’s law practice and, in 1921 (just a year after women’s right to vote was ratified by the United States Congress) she was elected the president of the Colored Bar Association; however, it was impossible for her to be admitted to the American Bar Association. She tried. So, did several other African-American lawyers. They tried because the ABA had one Black lawyer and was, therefore “integrated.” Eventually, however, they stopped trying to join an organization that didn’t want them and started their own organization.

“…a very worn Bible is almost as prominent as the well-thumbed Iowa code on the desk of Mrs. Gertrude E. Rush.”

 

– quoted from “Iowa’s Only Negro Woman Lawyer Firmly on the Golden Rule” article about Gertrude Rush, located in Iowa Public Library (excerpt printed in Notable Black American Women, Book 2 by Jessie Carney Smith

Gertrude Rush was one of the founding members of the Negro Bar Association, which was incorporated on August 1, 1925 with 120 members (which was about 11 – 12% of the Black lawyers in the US at the time). Eventually renamed, the National Bar Association, the NBA ” addressed issues such as professional ethics, legal education, and uniform state laws, as well as questions concerning the civil rights movement in transportation discrimination, residential segregation, and voting rights.” The NBA supported civil rights groups by providing legal information, filing outside legal briefs (amicus curiae), and blocking federal court nominees who opposed racial equality. As a bar association, however, the NBA did not directly participate in civil rights activities. Instead, NBA members like Gertrude Rush and (eventual) Supreme Court Justice Thurgood Marshall became members of the NAACP (National Association for the Advancement of Colored People).

It was as part of the NAACP’s legal team  that Justice Marshall argued cases like Donald Gaines Murray in Murray v. Pearson, 169 Md. 478, 182 A. 590 (1936) and Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). Raymond Pace Alexander founded the National Bar Journal (1941), which became a way for Black lawyers to challenge legal principles which conflicted with the interest of African-Americans. The Rev. W. Harold Flowers, a co-founder with Ms. Rush and a former president of the NBA (who would eventually be appointed as an associate justice of the state Court of Appeals), was the attorney whose motions in 1947 resulted in a reconfigured jury after he pointed out that the Arkansas court had not had a Black juror in 50 years. Additionally, the NBA established free legal clinics in 12 states, thereby creating the foundational cornerstone for the poverty law and legal clinics of today.

Gertrude Rush was also one of the organizers of the Charity League, which coordinated the hiring of a Black probation officer for the Des Moines Juvenile Court; created the Protection Home for Negro Girls, a shelter; and served on the boards of a host of other women’s organizations.

Stay tuned for news about when I will resume classes.  If you want to practice with one of the previously recorded classes, I would suggest June 17th (a Lady Liberty class with a lot of arm movement, good for the brain and shoulders – some of you call it a “sobriety test”).  The playlist is available on YouTube and Spotify. (The playlist starts with instrumental music. If your Spotify is on shuffle, you will want your music volume low at the beginning of the practice.)

Feel free to email me at Myra (at) ajoyfulpractice.com if you would like a copy of the recordings from Wednesday, June 17th.

 

As I running late, this August 5th post is actually being published on August 6th, which the anniversary of President Lyndon B. Johnson signing the Voting Rights Act of 1965 into law. The act has been amended at least five times, to close legal loopholes and reinforce the rule of law.

Today, August 6th, is also the anniversary of President Abraham Lincoln signing the Confiscation Act of 1861 and the U. S. bombing of Hiroshima in 1945. President Lincoln wasn’t sure of the legality and effects of the Confiscations Acts of 1861 and 1862, he signed them into law anyway. To this day, people are still debating the effects of the bombings on August 6th and 9th (Nagasaki), both of which clearly broke the Golden Rule (and the not then established Geneva Convention).

As you practice today, hold a neighbor in your hearts and minds with friendship and kindness. Offer your efforts, no matter how small, as a token of that friendship and kindness. As so many people suffer due to current events, may we take a moment to remember those who are still suffering due to our shared past. Let us not forget those who are still grieving and healing from past wounds. May our efforts bring us all closer to peace, harmony, and benevolence.

 

 

### OM SHANTI SHANTI SHANTHI OM ###

 

 

The Bard of Democracy (and of getting better air in our lungs) May 31, 2020

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“Trust thyself: every heart vibrates to that iron string. Accept the place the divine providence has found for you, the society of your contemporaries, the connection of events. Great men have always done so, and confided themselves childlike to the genius of their age, betraying their perception that the absolutely trustworthy was seated at their heart, working through their hands, predominating in all their being. And we are now men, and must accept in the highest mind the same transcendent destiny; and not minors and invalids in a protected corner, not cowards fleeing before a revolution, but guides, redeemers, and benefactors, obeying the Almighty effort, and advancing on Chaos and the Dark.”

 

“A political victory, a rise of rents, the recovery of your sick, or the return of your absent friend, or some other favorable event, raises your spirits, and you think good days are preparing for you. Do not believe it. Nothing can bring you peace but yourself. Nothing can bring you peace but the triumph of principles.”

 

– excerpts from the essay “Self-Reliance” by Ralph Waldo Emerson (b. 05/25/1803)

 

“I was simmering, simmering, simmering. Emerson brought me to a boil.”

– Walt Whitman (b. 05/31/1819) as quoted in a February 1902 article by John Townsend Trowbridge, published in The Atlantic Monthly

 

There are times when we have so much churning inside of our minds and our bodies that it can make us physically ill. It churns and churns, until it spills over. Or, another analogy is to think of all of that emotion as water inside of a pot on top of an open flame: it’s “simmering, simmering, simmering…” until it boils over. When we are children, we are taught to be mindful of the hot stove and the pot that sits on top. We watch our elders; placing various ingredients inside, stirring, churning, adjusting the flames – even tasting along the way, sometimes even letting us taste a little. We watch and learn that we can make something delicious, or potent medicine, or poison, or paint and dye. We watch and learn that if we don’t pay close attention we will make a big, unusable, inedible mess. We watch and learn that if we are not careful, we can hurt ourselves or others.

Many of us in the United States of America were raised with the idea that America is the great melting pot – a mixture of so many different cultures and flavors coming together into a single delicacy. The term started gaining traction as a metaphor for the USA after the production of the play The Melting Pot, which premiered in Washington, D. C. in October of 1908. The play had a happy ending. However, years before it was written (way back in the mid-1800’s), writers like Ralph Waldo Emerson and Walt Whitman had noticed that no one was watching the pot, or the open flame.

Emerson encouraged American scholars, clergy, poets, and every day people to take responsibility for the-pot-on-the-flame that is society. He kicked off the Transcendental movement and inspired people like Whitman, who decided he would be “The Poet” that Emerson said was needed to capture the spirit of America. Born today in 1819, Whitman was the father of “free verse.” He wrote about what he observed and what he perceived. So, he wrote about baseball, and slavery, and leaves of grass, and women’s bodies, and women’s rights, and men’s bodies, and their rights, and his own body, and about all of humanity crossing a single point over decades. He wrote about breathing, and about questioning everything.

6

….

“Do you think matter has cohered together from its diffuse float, and the soil is on the surface, and water runs and vegetation sprouts,

For you only, and not for him and her?

7

A man’s body at auction,

….

Gentlemen look on this wonder,

Whatever the bids of the bidders they cannot be high enough for it,

….

Within there runs blood,

The same old blood! the same red-running blood!

There swells and jets a heart, there all passions, desires, reachings, aspirations,

(Do you think they are not there because they are not express’d in parlors and lecture-rooms?)

This is not only one man, this the father of those who shall be fathers in their turns,

In him the start of populous states and rich republics,

Of him countless immortal lives with countless embodiments and enjoyments.

How do you know who shall come from the offspring of his offspring through the centuries?

(Who might you find you have come from yourself, if you could trace back through the centuries?)

8

A woman’s body at auction,

She too is not only herself, she is the teeming mother of mothers,

She is the bearer of them that shall grow and be mates to the mothers.

Have you ever loved the body of a woman?

Have you ever loved the body of a man?

Do you not see that these are exactly the same to all in all nations and times all over the earth?

If any thing is sacred the human body is sacred,”

 

– excerpts (abridged) from “I Sing The Body Electric” by Walt Whitman

 

The first edition of Leaves of Grass (published in 1855) contained twelve unnamed poems in 95 pages. It was a collection intended to fit in someone’s pocket. Right off the bat, Whitman had critics – and those critics included luminaries like Willa Cather (who called him “that dirty old man,” “the poet of the dung hill as well as the mountains,” and compared one of his poems to what would happen “If a joyous elephant should break forth into song….” But, among his fans, was Whitman’s inspiration: Ralph Waldo Emerson. Emerson’s approval inspired Whitman to not only produce a second edition of Leaves of Grass (published in 1856), but to add poems and increase the number of pages to 384. He did not stop there, however. After “33 y’rs of hackiling at it” (according to a letter Whitman wrote to a friend) – or after “thirty-five or forty years” (as announced in the New York Herald) – Whitman released the sixth, seventh, or ninth edition (depending on how you count) shortly before his death. This 1892 edition is referred to as the “deathbed edition” and contained almost 400 poems.

In a mini biography for Biography, Dr. Robert Hudspeth, Research Professor of English at Claremont Graduate University, said, “Whitman was called ‘The Bard of Democracy’ because all of his poems are based on the notion of a universal brotherhood. He thought that the possibility of America was to achieve a brotherhood that no other culture had yet been able to achieve.” This view of what the country could be was a true melting pot – that is to say, a heterogeneous society becoming a homogeneous society by virtue of all the cultures melting together to form something new. Whitman saw the ideal (American) society as one where everyone recognized the value and humanity of everyone else. What he saw around him, however, was that the-pot-on-the-flame that is society was boiling over. Instead of coming together, melding together, everything (and everyone) in the proverbial pot was churning in a way that overflowed; meaning, some things (and some people) were getting pushed out of the coming together process. The country was becoming homogeneous not because it was melding together, but because it was excluding certain aspects that made it heterogeneous.

Whitman tried, he really did, but ultimately, he could not get enough people to pay attention to what was happening around them. People, even back in the 1800’s, were distracted by his sexuality and the sensual nature of the poems. Writers like Willa Cather referred to his work as “ridiculous” and people in power (including the head of the Department of the Interior, for which he worked) called Leaves of Grass offensive, filthy, and/or sinful (especially to Christians). As harsh as some of that sounds, these are some of the least caustic reviews. (Much worse was actually printed in the press.)

And so here we are… Fast forward and the-pot-on-the-flame that is society has officially boiled over. Walt Whitman knew it was coming and he didn’t just leave us a little advice. He left us a whole manual for moving forward. In the preface to Leaves of Grass he wrote “This is what you shall do….”

“This is what you shall do; Love the earth and sun and the animals, despise riches, give alms to every one that asks, stand up for the stupid and crazy, devote your income and labor to others, hate tyrants, argue not concerning God, have patience and indulgence toward the people, take off your hat to nothing known or unknown or to any man or number of men, go freely with powerful uneducated persons and with the young and with the mothers of families, read these leaves in the open air every season of every year of your life, re-examine all you have been told at school or church or in any book, dismiss whatever insults your own soul, and your very flesh shall be a great poem and have the richest fluency not only in its words but in the silent lines of its lips and face and between the lashes of your eyes and in every motion and joint of your body.”

– from the preface to Leaves of Grass by Walt Whitman

Walt Whitman believed in celebrating the body, exploring, questioning, and coming together – and we can do all that in yoga. Please join me for a 65-minute virtual yoga practice on Zoom today (Sunday, May 31st) at 2:30 PM. You can use the link from the “Class Schedules” calendar if you run into any problems checking into the class. PLEASE NOTE: Zoom 5.0 is an upgrade that went into effect yesterday (Saturday, May 30th). If you have not upgraded, you will need to give yourself extra time to log into Zoom.

Today’s playlist is available on YouTube and Spotify.

(NOTE: The YouTube playlist includes recordings of some of the poems, as part of the before/after class mix. These tracks are not included on Spotify.)

 

“Let us go forth awhile, and get better air in our lungs.”

 

– Walt Whitman writing about the new game, baseball, in the Brooklyn Eagle (07/23/1846)

 

 

### “A KELSON OF THE CREATION IS LOVE” (WW) ###