Saturday, April 09, 2011
No man is an island entire of itself; every man
is a piece of the continent, a part of the main;
if a clod be washed away by the sea, Europe
is the less, as well as if a promontory were, as
well as a manor of thy friends or of thine
own were; any man's death diminishes me,
because I am involved in mankind.
And therefore never send to know for whom
the bell tolls; it tolls for thee.
The Tampico Incident
On April 9th, Seven uniformed U.S. sailors were arrested for straying into an off-limits area and were paraded through hostile crowds in Tampico. When the matter was brought to the attention of a higher Mexican official, the sailors were quickly released and an informal apology issued.
So that the Rockefeller’s Standard Oil and the Texas Oil Company (Texaco) can continue to extract Mexican oil without payment of royalties and, even more importantly, to ensure that the Mexican Revolution fails, the U.S. uses this "incident" to scripts and stages an invasion.
The commander of the U.S. Atlantic Fleet, Admiral Henry T. Mayo, was not so easily satisfied with the Mexican informal apology and in an effort to make the "incident" erupt, demanded a formal apology and as an act of contrition that Mexico raise the American flag on her soil and provide a 21-gun salute. The Mexican commander responded with a formal written apology, but refused to salute the flag
On April 20, Wilson addressed Congress and sought Congressional approval for armed intervention in Mexico. The Tampico incident was cited as one of a list of contributing causes. Congress responded affirmatively two days later. But even before approval the U.S. bombardment of Veracruz, a port near Tampico, began.
This incident was an excuse for the American troops to invade Veracruz. Out of a total of 6,000 US Marines landed, 18 were killed. 400 Mexican civilians were killed. On April 30th the army's 5th Infantry Brigade, led by General Frederick Funston, went ashore to relieve the marines and occupy the city under a military government. Occupation lasted until Nov. 23, 1914. The invasion by the U.S. outraged many in Mexico and elevated Huerta, who was perceived as fighting against "the gringos."
Veracruz was very carefully chosen as America's target. While in occupation, the U.S. stole all the customs revenue collected in Veracruz, Mexico’s largest commercial port, in order to bring about the downfall of the Huerta dictatorship.
Does it all sound familar?
President Wilson's Address to Congress, 20 April 1914
Gentlemen of the Congress:
It is my duty to call to your attention to a situation which has arisen in our dealings with the General Victoriano Huerta at Mexico City which calls for action , and to ask your advice and cooperation in acting upon it.
On the 9th of April a paymaster of the U.S.S. Dolphin landed at the Iturbide Bridge landing at Tampico with a whaleboat and boats' crew to take off certain supplies needed by his ship , and while engaged in loading the boat was arrested by an officer and squad of men of the army of General Huerta.... Admiral Mayo regarded the arrest as so serious an affront that he was not satisfied with the flag of the United States be saluted with special ceremony by the military commander of the port.
The incident can not be regarded as a trivial one, especially as two of the men arrested were taken from the boat itself - that is to say, from the territory of the United States - but had it stood by itself it might have been attributed to the ignorance or arrogance of a single officer. Unfortunately, it was not an isolated case.
A series of incidents have recently occurred which can not but create the impression that the representatives of General Huerta were willing to go out of their way to show disregard for the dignity and rights of this Government and felt perfectly safe in doing what they pleased, making free to show in many ways their irritation and contempt...
The manifest danger of such a situation was that such offences might grow from bad to worse until something happened of so gross and intolerable a sort as to lead directly and inevitably to armed conflict. It was necessary that the apologies of General Huerta and his representatives should go much further, that they should be such as to attract the attention of the whole population to their significance, and such as to impress upon General Huerta himself the necessity of seeing to it that no further occasion for explanations and professed regrets should arise.
I, therefore, felt it my duty to sustain Admiral Mayo in the whole of his demand and to insist that the flag of the United States should be saluted in such a way as to indicate a new spirit and attitude on the part of the Huertistas.
Such a salute, General Huerta has refused and I have come to ask your approval and support in the course I now propose to pursue. This Government can, I earnestly hope, in no circumstances be forced into war with the people of Mexico. Mexico is torn by civil strife. If we are to accept the tests of its own constitution, it has no government. General Huerta has set his power up in the City of Mexico, such as it is, without right and by methods for which there can be no justification.
Only part of the country is under his control. If armed conflict should unhappily come as a result of his attitude of personal resentment toward this Government, we should be fighting only General Huerta and those who adhere to him and give him their support, and our object would be only to restore to the people of the distracted Republic the opportunity to set up again their own laws and their own government.
But I earnestly hope that war is not now in question. I believe I speak for the American people when I say that we do not desire to control in any degree the affairs of our sister Republic. Our feeling for the people of Mexico is one of deep and genuine friendship, and every thing that we have so far done or refrained from doing has proceeded from our desire to help them, not to hinder or embarrass them.
We would not wish even to exercise the good offices of friendship without their welcome and consent. The people of Mexico are entitled to settle their own domestic affairs in their own way, and we sincerely desire to respect their right. The present situation need have none of the grave implications of interference if we deal with it promptly, firmly, and wisely.
No doubt I could do what is necessary the circumstances to enforce respect for our Government without recourse to the Congress, and yet not exceed my constitution powers as President; but I do not wish to a in a manner possibly of so grave consequence except in close conference and cooperation with both the Senate and House.
I, therefore l come to ask your approval that I should use the armed forces of the United States in such ways and to such an extent as may be necessary to obtain from General Huerta and adherents the fullest recognition of the rights and dignity of the United States, even admit the distressing conditions now unhappily obtaining in Mexico.
There can in what we do be no thought of aggression or of selfish aggrandizement. We seek to maintain the dignity and authority of the United States only because we wish always to keep our great influence unimpaired for the uses of liberty, both in United States and wherever else it may employed for the benefit of mankind.
Justice Begins In Somerset County
Friday, April 08, 2011
Civil War Damage at Makemie Presbyterian Church
From “OFF 13, the Eastern Shore of Virginia Guidebook” by Kirk Mariner
In 1861 when the Eastern Shore of Virginia was occupied by the Union army, Drummondtown was chosen as the headquarters of its commanding officer, General Henry H. Lockwood. Thought the town survived the Civil war with little physical damage – except to the Methodist and Presbyterian churches, which the union soldiers used as barracks and stables …. Not until the early 1870 did the townfolk see the last of the army of occupation.
As Kirk Mariner said, during the Civil war the Presbyterian church in Accomac (at that time called Drummondtown) was occupied and used as a barracks for Union Troops. In 1907 the church finally filed for the great damage that was done and for rent in the amount of $1,370, they received $400. This is the bill that authorized the $400.
FINDINGS IN CASE OF MAKEMIE PRESBYTERIAN CHURCH, DRUMMONDTOWN, VA.
STATEMENT OF CASE
The following bill was introduced in Congress:
A bill for the relief of Makemie Presbyterian Church
“Be it enacted by the senate and House of Representative of the United States of America in congress assembled, that the secretary of the Treasury be, and he is hereby authorized and directed to pay out of any money in the Treasury not otherwise appropriated, to the trustees of Makie Presbyterian Church , at Accomac Court-house, Accomac County, Virginia, four hundred dollars, the same being in full for, and the receipt of the same to be taken and accepted in full and final discharge of, its claim for the occupancy of and damage to the church building by the military forces of the United States during the late war between the states, and for which no payment has been made.
That by resolution of the Senate of the Fifty-Seventh Congress, first session on the 31st day of March, 1908, the claim was referred to this court for a finding of the facts in accordance with the provisions of the act of March 3, 1887, entitle “An act to provide for the bringing of suits against the Government of the United States.
MAKIE PRESBYTERIAN CHURCH DRUMMONDTOWN, VA.
The plaintiff in its petition makes the following allegations; Tht the church building was occupied some time in 1861 until the close of the war by United States troops as follows; Company A, Purnell’s legion, Maryland Cavalry; a troop of Delaware Cavalry; a troop of Pennsylvania Cavalry, commanded by Captain Skelly , and a part of a negro regiment, and that while so occupied by said military forces, all the interior fittings and part of the walls were removed and used for the benefit of the United States, and that in consequence of the destruction of the pews and windows and damage to the walls by said military forces, the building was not again occupied as a place of worship until 1869. That the value of the occupation of said building by the troops and the amount of damage to the building was as follows;
Damage to church and interior fittings….$770
Use and occupation for four years, at $150 per year…600
That no claim was ever presented to the United States for the use occupation and damage to the said church property except as hereinbefore stated but the church edifice was partly repaired by the claimant and used as a place of worship some time in 1869.
The case was brought to a hearing on the 6th day of May , 1907 , George A & William B. King appearing for the claimant and Malcolm A. Cotes, esq. Assistant to the Assistant Attorney General and by his direction appearing for the defense and protection of the United States.
The court, upon the evidence and after considering the brief and argument of counsel on both sides makes the following
FINDINGS OF FACT
I. The Makemie Presbyterian Church, of Drummondtown, Va., as an organization was loyal to the Government of the United States throughout the late war.
II. During said period the military forces of the United States by proper authority took possession of the church property described in the petition and used the same at various times for general military quarters and damaged the same. The reasonable value of said use and occupation together with damages in excess of the ordinary wear and tear, was then and there the sum of four hundred dollars ($400).
III. The claim herein was never presented to any department of the Government prior to its presentation to congress and reference to this court under the provisions of the act of March 8, 1887 as hereinbefore mentioned and no reason is given therefor.
By the Court
Filed May 13, 1907
The Civil War Continues In Georgia
The Sesquicentennial of the dreadful conflict has arrived, and Governments and historical societies and are proclaiming Civil War events around the nation. Not without conflict however as in the case of the Georgia Historical Society who plans to install a marker that commemorates the burning of Atlanta in front of the Georgia Railroad Freight Depot on Martin Luther King Jr. Drive, the street named for the civil rights leader in Atlanta. Officials with the National Association for the Advancement of Colored People say they would prefer a different site for a planned historical marker.
W. Todd Groce, president of the Historical Society, said the site was picked because it is where the burning took place
“It seems to be honoring something that reminds us of some tragic occurrences that happened to our people at the time. The whole war itself centered around the slave issue,” said R.L. White, president of the NAACP’s Atlanta branch. “We accept that it’s history but would like to see it done somewhere else than the heart of the civil rights historic district. It’s kind of tragic that the state is choosing that location.”
Now those who read my blog know I am occasionally accused of writing selective history, but someone help me out - are they objecting to a war monument to a war that freed the slaves? It literally makes no sense for the NAACP to object to an historical marker put in the history district of Atlanta. Why in the world is it “tragic” for the state of Georgia to choose that location? My only thought is that the NAACP, feel that MLK Drive should not be overshadowed in any way by another historical reference. It is also interesting to mention that most MLK Drives and other thoroughfares named after him in cities are areas of drug, prostitution and crime activity - I am sure the MLK Drive in Atlanta is no different so why isn't the NAACP complaining about that instead of a historical marker?
What Did The Delaware Senate Pass with SB30
DELAWARE STATE SENATE
146th GENERAL ASSEMBLY
SENATE BILL NO. 30
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO CIVIL UNIONS.
WHEREAS, it is the intent of the Delaware General Assembly to recognize civil unions in Delaware and that parties to a civil union shall enjoy all the same rights, benefits, protections, and shall be subject to all the same responsibilities, as married persons under Delaware law. By establishing the status of civil unions in Delaware, it is not the legislature's intent to revise the definition or eligibility requirements of marriage under Chapter 1, Title 13 of the Delaware Code.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 13 of the Delaware Code by adding a new chapter 2 thereof to read as follows:
"Chapter 2. Civil Unions.
§ 201. Definitions. As used in this chapter, unless the context otherwise requires:
(a) "Civil union" means a legal union between two individuals of the same sex established pursuant to this chapter.
(b) "Party" or "party to a civil union" means an individual who is a party to a civil union established pursuant to this chapter.
§ 202. Eligibility to enter into a civil union. Persons shall be eligible to enter into a civil union only if such persons both are:
(a) Not (i) a party to a civil union with a different person, (ii) a spouse in a marriage that is recognized as a marriage under chapter 1 of this title, or (iii) a party to a substantially similar legal relationship as a civil union such as, but not limited to, a domestic partnership, with a different person;
(b) At least eighteen years of age;
(c) Of the same sex; and
(d) Not related to the other proposed party to the civil union, as provided in § 203 of this chapter.
§ 203. Civil unions void; when.
(a) A civil union is prohibited and void between a person and his or her ancestor, descendant, brother, sister, half-brother, half-sister, uncle, aunt, niece, nephew or first cousin.
(b) A civil union is prohibited, and is void from the time its nullity is declared by a court of competent jurisdiction at the instance of the innocent party, if either party thereto is:
(1) Divorced, unless a certified copy of the divorce decree (last decree if such person has been divorced more than once) or a certificate of such divorce from the clerk of the court granting the divorce is inspected by the Clerk of the Peace to whom such person makes application for a civil union license, and unless such person may in other respects lawfully enter into a civil union; and, if such decree or certificate cannot be obtained, the Resident Judge of the county where such license is desired or the person designated by the Resident Judge to grant such certificates as may be accepted under this paragraph may grant a certificate of the facts as stated by the applicant and the certificate may, for the purposes of this chapter, be accepted in lieu of a certified copy of a divorce decree; or
(2) On probation or parole from any court or institution, unless such person first files with the Clerk of the Peace to whom such person makes application for a civil union license a written consent to such person's proposed civil union from the chief officer of such court or institution or from someone who is appointed by such officer to give such consent, and unless in other respects the applicant may lawfully enter into a civil union.
(c) A civil union obtained or recognized outside the State between persons prohibited by subsection (a) of this section shall not constitute a legal or valid civil union within this State.
(d) The guilty party or parties to a civil union prohibited by this section shall be fined $100, and in default of the payment of the fine shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
§ 204. Status of children of civil unions.
The rights of parties to a civil union, with respect to a child of whom either party becomes the parent during the term of the civil union, shall be the same as the rights (including presumptions of parentage) of married spouses with respect to a child of whom either spouse becomes the parent during the marriage. Children of void or voidable civil unions shall be deemed to be legitimate. Notwithstanding anything to the contrary contained in, and in addition to any other rights afforded under, title 16, chapter 31 of this Code, if a party to a civil union is the legal parent of a child at the birth of the child, such party shall be entitled to have his or her name entered on the original certificate of birth as a parent of the child.
§ 205. Solemnization; license to perform; refusal to join persons in a civil union.
(a) A civil union entered into in this State shall become valid only upon completion of a solemnization in accordance with this section.
(b) A clergyperson or minister of any religion, current and former Judges of this State's Supreme Court, Superior Court, Family Court, Court of Chancery, Court of Common Pleas, Justice of the Peace Court, federal Judges, federal Magistrates, clerks of the peace of various counties and current and former judges from other jurisdictions with written authorization by the clerk of the peace from the county in Delaware where the civil union ceremony is to be performed may solemnize a civil union between persons who may lawfully enter into a civil union. The Clerk of the Peace in each county for good cause being shown may:
(1) Allow by written permit within his or her respective county, any duly sworn member of another state's judiciary, to solemnize civil unions in the State between persons who may lawfully enter into a civil union.
(2) Allow by written permit within his or her respective county, the Clerk of the Peace from another county within the State to solemnize civil unions in the State between persons who may lawfully enter into a civil union.
Within the limits of any incorporated municipality, the Mayor thereof may solemnize civil unions between persons who may lawfully enter into a civil union. Civil unions shall be solemnized in the presence of at least 2 reputable witnesses who shall sign the certificate of civil union as prescribed by this chapter. Solemnization may be entirely secular or may be performed according to the forms and usages of any religious society. No civil union shall be solemnized without the production of a license issued pursuant to this chapter.
(c) Other than as provided in this paragraph, nothing in this section shall be construed to require any person authorized to perform solemnizations of marriages or civil unions to perform a solemnization of a civil union, and no such authorized person who fails or refuses for any reason to join persons in a civil union shall be subject to any fine or other penalty for such failure or refusal. Notwithstanding the preceding sentence, a Clerk of the Peace or deputy thereof who issues a civil union license shall be required to perform a solemnization of such civil union if requested by the applicants for such license, and such solemnization shall be afforded the same order of priority as solemnization of marriages pursuant to chapter 1 of this title. Clerks of the Peace shall act pursuant to this chapter in the same manner as they act pursuant to chapter 1 of this title, without discrimination as to whether the issue involves a marriage under chapter 1 of this title or a civil union under this chapter.
(d) In the case of the absence or disability of the duly elected Clerk of the Peace, the chief deputy or, if there is no chief deputy, a deputy employed in the office of the Clerk of the Peace, shall be authorized to solemnize civil unions.
(e) Whoever, being authorized to issue a civil union license, knowingly or wilfully issues a license for a civil union prohibited by this chapter or, being authorized to solemnize a civil union, knowingly or wilfully assists in the contracting or solemnization of a prohibited civil union, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days.
(f) Whoever, not being authorized by this section, solemnizes a civil union, shall be fined $100, and in default of the payment of such fine shall be imprisoned not more than 30 days, and such civil union shall be void, unless it is in other respects lawful and is consummated with the full belief of either of the parties in its validity.
(g) Notwithstanding anything to the contrary contained in § 213 of this chapter, if a civil union prohibited by this chapter is contracted or solemnized outside of the State, when the legal residence of either party to the civil union is in this State, and the parties thereto shall afterwards live and cohabitate as parties to a civil union within the State, they shall be punished in the same manner as though the civil union had been contracted in this State.
(h) The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
§ 206. Applicants for civil union; license required; limitations; violations by clerk of the peace; penalties.
(a) No persons may be joined in a civil union in this State unless both parties to such civil union:
(1) Meet the requirements of § 202;
(2) Have complied with § 207; and
(3) Have been issued a license by a Clerk of the Peace at least 24 hours prior to the time of the ceremony.
(b) The Department of Health and Social Services shall prescribe a civil union license form.
(c) The several Clerks of the Peace of the various counties or their deputies, shall issue all civil union licenses and shall sign them and affix the county seal thereto. A civil union license, when issued by the Clerk of the Peace, is sufficient authority for any person authorized to perform a civil union solemnization in this State to join the parties in a civil union. A civil union license issued pursuant to this chapter shall entitle the parties thereto, subject to the other provisions of this chapter, to enter into a civil union within 30 days from the date of issuance. In the event the civil union is not solemnized within 30 days of the issuance of said license, said license shall be void and the parties must reapply to the appropriate issuing officer for another license to enter into a civil union. The procedure to secure another license shall be the same as that provided for the initial application.
(d) The Clerk of the Peace in each county for good cause being shown may:
(1) Shorten the time period specified in subsection (a)(3) of this section; or
(2) Lengthen the time period specified in subsection (c) of this section not to exceed 180 days.
(e) No civil union license shall be issued by a Clerk of the Peace when either of the parties applying for a civil union license, at the time of making the application, is under the influence of intoxicating liquor or a narcotic drug or if papers that are required by this chapter are not delivered or if the issuing officer believes there is any legal impediment, as defined in this chapter, to the civil union of such parties.
(f) The number on the civil union license shall be filled in by the issuing Clerk of the Peace, unless it has been previously affixed and shall be the same number as that appearing on the application for such license. All blanks provided on the civil union license shall be filled in by the issuing Clerk of the Peace. The issuing Clerk of the Peace shall immediately note the issuance of a civil union license in the appropriate books prescribed by the Department of Health and Social Services.
(g) Any Clerk of the Peace or deputy of such who knowingly or wilfully acts in violation of this chapter shall be fined $100, and in default of payment of such fine, shall be imprisoned not more than 30 days. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
§ 207. Application for license for persons who wish to enter into a civil union.
(a) Before any civil union license shall be issued by the issuing officer, the parties desiring to enter into a civil union shall together appear before such officer to be examined upon oath or affirmation in the presence and hearing of each other according to the form prescribed by subsections (b), (c) and (d) of this section to which the parties applying for the license shall subscribe their names. The license shall be issued only after it has been made to appear that no legal impediment to the proposed civil union exists. In the case of critical illness of 1 of the parties desiring to enter into a civil union, the physician attending such party may appear for the ill party and make an application for a civil union license for such party, if such physician first makes an affidavit and delivers it to the issuing officer stating that in the opinion of said physician the party for whom said physician is acting is at the point of death and that this person may lawfully enter into a civil union. The application for the civil union license shall be altered in such case to show that said physician acted as proxy and the affidavit of the physician shall be filed with the application.
(b) The civil union license application shall be in the form prescribed and provided by the Department of Health and Social Services and shall be permanently preserved by the issuing officer in the manner as prescribed by the Department of Health and Social Services. The civil union license application shall include the following information and such other information as prescribed by the Department of Health and Social Services; provided that such other information is also required for marriage license applications under chapter 1 of this title: Date of application, full name, sex, race, social security number, birth date and occupation of applicants, names and addresses of parents of applicants, date and place of previous civil unions, domestic partnerships or marriages and termination of previous civil unions, domestic partnerships or marriages, place and court where applicants are on probation or parole, if such they be, and time of application.
(c) The application shall contain a certification by each applicant that each applicant is not of a prohibited degree of relationship.
(d) The applicants and issuing officer shall sign the application and the issuing officer shall certify as follows:
"I believe neither party is now under the influence of intoxicating liquor nor a narcotic drug. I have demanded and examined such papers as required by law and I am satisfied that they are properly executed. I know of no legal impediment to the proposed civil union of the above applicants."
The application shall also contain an appropriate affidavit form to be signed by persons certifying that an applicant is a resident of the State, if such a certification is required.
(e) In the case of applicants for a civil union license who claim to be residents of this State, if neither of them is personally known to the civil union license issuing officer as a resident of this State, at least 1 of such applicants must be identified as a resident of this State to the satisfaction of the issuing officer by a reputable guarantor, who under oath shall fill in the proper portion on the page in the Civil Union Record Books and shall duly sign it.
(f) Every person authorized by this chapter to issue civil union licenses may administer oaths or affirmations to the parties applying for the license.
(g) Civil union licenses, and other forms and books used in connection with the issuance of civil union licenses shall be furnished by the Department of Health and Social Services on request of the Clerks of the Peace. Each page of the Civil Union Record Books for the use of the Clerks of the Peace shall be numbered serially before delivery to the Clerks of the Peace.
(h) Clerks of the Peace shall examine and satisfy themselves of the validity of papers submitted to them by divorced persons, past or present patients of insane asylums, persons on probation or parole and shall file such papers in the office of the recorder of the appropriate county. Such papers shall constitute a part of the application for civil union license, but shall be open to inspection of the public only upon order of the Resident Judge of the proper county or such person as the Judge may appoint to give such orders.
(i) Judges shall supply certificates in whatever form they see fit to such divorced persons as they believe should receive them under this chapter.
(j) Superintendents of asylums for the insane shall supply certificates in whatever form they see fit to such persons as they believe should receive them under this chapter.
(k) In the case of any adult person who is on probation or parole from any court or institution, the chief officer of such court or institution, or such person as such officer may appoint to give consent to enter into a civil union, shall supply such consent in whatever form such officer deems advisable to such applicants for civil union license as such officer believes may properly enter into a civil union.
§ 208. Forms for civil union license; certification of civil union.
(a) The Department of Health and Social Services shall prescribe a civil union license form which shall be issued by the several Clerks of the Peace and such other forms, books, dockets and records as may be necessary to properly record civil unions and the issuance of civil union licenses. The civil union license shall contain language authorizing any clergy or other person authorized by the law of this State to solemnize a civil union and shall show: The earliest and latest time the solemnization of the civil union may be performed pursuant to the license, the place of issuance of the license, the names of the parties, the signature of the issuing authority and such other wording as the Department of Health and Social Services may prescribe, but not to exceed information collected for a marriage license under chapter 1 of this title except as required to confirm eligibility under § 202 of this chapter. The license shall also contain a form of certification by the person performing the solemnization ceremony that the solemnization ceremony was performed and the date and time of such solemnization ceremony.
(b) The Department of Health and Social Services shall furnish to all persons authorized by law to solemnize civil unions a suitable form for evidencing a civil union and the date and the place thereof, which form shall be completed and delivered without charge to one party to the civil union by the person performing the solemnization ceremony immediately after the solemnization ceremony. Such form may, but need not be, the original or a copy of the civil union license.
§ 209. Record of solemnization; reported by whom; affidavit; evidentiary weight of certificate or affidavit; supplies of civil union licenses, books and other forms.
(a) The person who solemnizes a civil union shall, within fifteen (15) days after the solemnization of the civil union, return to the issuing clerk of the peace such forms and papers as the Department of Health and Social Services may prescribe. The Clerk of the Peace shall immediately enter in the books prescribed by the Department of Health and Social Services to record civil unions the date of the civil union solemnization and the name of the person performing the civil union solemnization.
(b) If any person who has solemnized a civil union fails to return the certificate of civil union to the issuing Clerk of the Peace for recording as required under subsection (a) of this section within 15 days of the solemnization of the civil union, the parties joined in the civil union may provide the Clerk of the Peace with a notarized affidavit attesting to the fact that they were joined in a civil union and stating the date and place of the solemnization of the civil union and the name of the person performing such solemnization. Upon the recording of that affidavit by the Clerk of the Peace, the civil union of the parties shall be deemed to be valid as of the date of the solemnization of the civil union stated in the affidavit.
(c) The certificate required by subsection (a) of this section or an affidavit recorded pursuant to subsection (b) of this section shall be prima facie evidence of the facts stated therein.
(d) Any person solemnizing a civil union in this State who fails to return the certificate of civil union to the issuing Clerk of the Peace for recording within 15 days of the solemnization of the civil union shall be assessed a $50 late fee by the issuing Clerk of the Peace. Any person with an unpaid civil penalty assessed by a Clerk of the Peace shall have that person's authorization to solemnize civil unions in the State suspended until such penalty is paid in full.
(e) The person performing the civil union ceremony shall retain the original or a copy of the civil union license, as the Department of Health and Social Services shall direct, for not less than 1 year after the ceremony.
(f) The books, forms and records as may be prescribed by the Department of Health and Social Services for civil unions shall be kept by the issuing Clerk of the Peace in the issuing Clerk of the Peace's office. They shall be public records open for the inspection of the public and shall be admitted as evidence of the facts therein contained in any court of record.
§ 210. False statement; penalty.
If any person applying for a civil union license under this chapter knowingly makes false answers to any of the inquiries of the person issuing the license, after having been sworn or affirmed to answer truly, said person shall be guilty of perjury, and if any person executing papers under this chapter executes them falsely, said person shall be subject to such penalties as the court may impose. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
§ 211. Performance of civil union solemnization in violation of chapter; false certificate of civil union; penalties.
Any person or religious society having authority to solemnize civil unions who performs a civil union solemnization without the presentation of a license issued pursuant to this chapter, or who performs the same prior to the expiration of 24 hours from the time of the issuance of the license or more than 30 days after the time of the issuance of the license, shall be imprisoned not more than 6 months or fined not more than $500, or both. Any person or religious society having authority to solemnize civil unions who shall make any false certificate of civil union shall be fined $100. The Superior Court shall have exclusive original jurisdiction over all proceedings for violations of this section.
§ 212. Rights, benefits, protections and responsibilities of parties to a civil union.
(a) Parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have all the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon married spouses.
(b) Former parties to a civil union lawfully entered into or otherwise recognized pursuant to this chapter shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon former married spouses.
(c) A surviving party to a civil union lawfully entered into or otherwise recognized pursuant to this chapter, following the death of the other party to the civil union, shall have the same rights, protections and benefits, and shall be subject to the same responsibilities, obligations and duties under the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, as are granted to, enjoyed by or imposed upon a widow or widower.
(d) To the extent that provisions of the laws of this State, whether derived from statutes, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity, adopt, refer to, or rely upon in any manner, provisions of United States federal law that would have the effect of parties to a civil union being treated differently than married spouses, parties to a civil union shall be treated in all respects by the laws of this State as if United States federal law recognizes a civil union in the same manner as the laws of this State.
§ 213. Legal unions performed in other jurisdictions.
A legal union between two individuals of the same sex that was validly formed in another jurisdiction, regardless of whether such legal union is recognized under chapter 1 of this title or is referred to as a civil union, shall be recognized as a validly established civil union under this chapter for all purposes of the laws of this State, provided that the legal union meets the eligibility requirements of § 202 of this chapter for a civil union and such legal union affords to and imposes on the parties thereto substantially similar rights, benefits, protections, responsibilities and duties as those afforded to and imposed on parties to a civil union entered into in this State under this chapter.
§ 214. Treatment of parties to a civil union for purposes of Delaware law.
(a) A party to a civil union shall be included in any definition or use of the terms "dependent", "family", "husband and wife", "immediate family", "next of kin", "spouse", "stepparent", “tenants by the entirety”, and other terms, whether or not gender-specific, that denote a spousal relationship or a person in a spousal relationship, as those terms are used throughout the Code, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of the laws of this State, including in equity.
(b) To the extent that another provision of this Code (other than chapter 1 of this title) or other laws of this State (including, without limitation, administrative rules or regulations, court rules, governmental policies, common law, court decisions, or any other provisions or sources of law, including in equity) utilizes a term used in chapter 1 of this title relating to marriage, references a section of chapter 1 of this title, or references marital status, except to the extent otherwise set forth in this chapter, such term, section or other reference shall be deemed to also utilize, include or reference the applicable corresponding term, section or other reference relating to civil unions or civil union status as established in this chapter.
§ 215. Treatment of parties to a civil union for purposes of chapter 1 of this title.
Notwithstanding chapter 1 of this title, no person who has entered into a valid civil union pursuant to this chapter, or who has entered into a valid legal union in any other jurisdiction that is recognized as a civil union pursuant to this chapter, may be found in violation of any provision of chapter 1 of this title.
§ 216. Dissolution of a civil union.
A civil union entered into or otherwise recognized under this chapter may be dissolved in the same form and manner as marriages entered into or otherwise recognized under chapter 1 of this title; provided, however, notwithstanding §§ 1504 and 1505(d) of this title, the Family Court of this State shall have, in addition to any other basis for jurisdiction it would otherwise have, jurisdiction over all proceedings for divorce and annulment of civil unions that are solemnized in this State under this chapter notwithstanding that the domicile or residency of the petitioner and the respondent are not in this State, if the jurisdiction of domicile or residency of the petitioner and/or the respondent does not by law affirmatively permit such a proceeding to be brought in the courts of that jurisdiction. All persons who enter into a civil union solemnized in this State consent to the non-exclusive jurisdiction of the Family Court for all proceedings for divorce and annulment of such civil union, even if one or both parties no longer reside in this State. If neither of the parties to a civil union solemnized in this State reside in this State, any petition for divorce or annulment of such civil union shall be filed in the county in which one or both of such parties last resided in this State.
§ 217. Rules of construction.
(a) The rule of construction that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. This chapter shall be broadly construed to accomplish its intended purposes.
(b) The rule of construction that specific statutory provisions should prevail over general statutory provisions shall have no application to this chapter except to the extent that the provisions of this chapter are considered specific as opposed to general provisions."
Section 2. This Act does not affect rights, duties or obligations that matured or were owed, penalties that were incurred, or proceedings that were begun, before its effective date.
Section 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application; and, to that end, the provisions of this Act are declared to be severable.
Section 4. This Act may be referred to as the "Civil Union and Equality Act of 2011".
Section 5. This Act shall be effective at 10 a.m. on January 1, 2012.
This Act creates the recognized legal relationship of civil union in Delaware for eligible persons. This Act further recognizes as civil unions for all purposes under Delaware law legal unions between two persons of the same sex entered into in jurisdictions outside of Delaware provided that such union and the parties thereto meet the Delaware eligibility requirements to enter into a civil union in the State of Delaware. Parties who enter into a lawful civil union in Delaware, or whose legal union is recognized as a civil union under Delaware law, will have all of the same rights, benefits, protections and responsibilities as married persons under Delaware law. It is not the intent of the Delaware General Assembly to revise the definition or eligibility requirements of marriage under Delaware law or to require any religious institution to perform solemnizations of civil unions.
Poem Of The Day
Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.
Though wise men at their end know dark is right,
Because their words had forked no lightning they
Do not go gentle into that good night.
Good men, the last wave by, crying how bright
Their frail deeds might have danced in a green bay,
Rage, rage against the dying of the light.
Wild men who caught and sang the sun in flight,
And learn, too late, they grieved it on its way,
Do not go gentle into that good night.
Grave men, near death, who see with blinding sight
Blind eyes could blaze like meteors and be gay,
Rage, rage against the dying of the light.
And you, my father, there on that sad height,
Curse, bless, me now with your fierce tears, I pray.
Do not go gentle into that good night.
Rage, rage against the dying of the light.
Civil Unions A Step Closer In Delaware
The approval came after the Senate defeated two hostile amendments: the first would have forced a state referendum on the issue, and the second amendment called for expanding the measure to include opposite-sex couples.
The measure now goes to the state House for consideration – Governor Markell has said he will sign the measure if it makes it to his desk.
The Senators voting against the bill were: Colin Bonini, Joe Booth, Bruce Ennis, Dave Lawson, Gary Simpson and Robert Venables. Two Senators were absent.
Three Historical Events in Religion
April 08, 1988 Televangelist Jimmy Swaggart (cousin of Mickey Gilley and Jerry Lee Lewis), was defrocked by the Assemblies of God after he revealed his now infamous "I Have Sinned" speech in a live TV broadcast on February 21st that he was involved with a prostitute and announced that he would leave his ministry for an unspecified length of time. Swaggart was ordered to stay off TV for a year, but returned anyway after just three months. Swaggart's exposure came as retaliation for an incident in 1986 when Swaggart exposed New Orleans-based, fellow Assemblies of God minister Marvin Gorman. Gorman had been accused of having several affairs. Once exposed, Gorman was defrocked from the Assemblies of God with his ministry all but ended. Marvin Gorman hired his son Randy Gorman along with his son in law Garland Bilbo, to stake out the Travel Inn on Airline Highway in New Orleans. When Swaggart arrived, he reportedly went into Room 7 where Debra Murphree was waiting and from there it escalated to the infamous "I Have Sinned" speech. Swaggart still has a TV ministry today.
April 1996 Delegates at the General Conference of the United Methodist Church voted down a proposal to eliminate language in church law that declares homosexuality to be "incompatible with Christian teaching."
Thursday, April 07, 2011
Farrah Morelli Campaigning
As I have said before I hope to have an interview with her toward the end of April.
The Delmar School District has one opening (Five Year Term Member at Large) for the election scheduled on May 10th - Joann Gum is the incumbent and is running for another term.
From the way u smile,
to the way you move,
everything that you do,
i just cant stand the thought of you,
i despise you, disown you, and never
wanna speak to you,
because of the awful person you are,
bad things are yet to come to you,
you treat people unfair, causing people to never be there,
why do u say the hurtful things you do,
when Alot of people care for you,
you put others down when ever your around,
your spirit is bad and the thought is just so sad,
but i dont feel sorry for you,
because i hate you because of you.
Uh, well, sir, I-I ain't a for-real cowboy. But I am one helluva stud
The 42nd Annual Oscars were held on April 7, 1970 at the Dorothy Chandler Pavilion, L.A. County Music Center and "Midnight Cowboy" won a number of oscars. It is the only X-rated film to win an Oscar in any category, so let's hear it for Joe Buck and 'Ratso' Rizzo once again.
Everybody's talkin' at me
I don't hear a word they're sayin'
Only the echoes of my mind.
People stop and starin'
I can't see their faces
Only the shadows of their eyes
I'm goin' where the sun keeps shinin'
Through the pourin' rain.
Goin' where the weather suits my clothes
Bankin' off of the northeast winds
Sailin' on summer breeze
And skippin' over the ocean like a stone
Wednesday, April 06, 2011
Hold fast to dreams
For if dreams die
Life is a broken-winged bird
That cannot fly.
Hold fast to dreams
For when dreams go
Life is a barren field
Frozen with snow.
by Langston Hughes
Tuesday, April 05, 2011
The corrugated iron church (that was build as a church) that comes most readly too mind is the Korean Church on Hobbs Road in Salisbury.
Corrugated iron churches have been built no doubt since corrugated iron was invented in the 1820s in Britain by Henry Robinson Palmer.
Corrugated iron manual roller
Corrugated iron provided one of the best ways of erecting temporary buildings and manufacturers were quick to identify its potential.
The churches were usually purchased as fairly inexpensive kits, able to be erected quickly, and capable of serving the needs of a small community, being available as a flat-pack boxes, ready-to-assemble kit. They were shipped all over the world. In retrospect, corrugated iron churches were the harbinger of Ikea.
These buildings were often established as mission halls or temporary shelter for new congregations. Very often, if a congregation prospered and was able to build an edifice of brick, stone, or some other material, the tin tabernacle would be destroyed, removed, or converted to some other purpose. Rusting makes the maintenance of tin tabernacles difficult, but as long as they are properly maintained they are fine.
The next step is its half-round cousin the Quonset Hut, now that is another story.
Poon Lim - Number One Survivor
Poon Lim was a second steward on the British ship the "Ben Lomond," On November 23, 1942 the Ben Lomond was torpedoed by a German U-Boat about 750 miles east of Brazil. The ship went down quickly, and most of the 55 passengers drowned in the attack. Lim, aged 25, jumped aboard, floating for several hours before he found an empty Carley float liferaft and climbed into it. The raft had several tins of biscuits, a forty litre jug of water, some chocolate, a bag of sugar lumps, some flares, two smoke pots and an electric flashlight.
He quickly ran out of the rationed food and water, and had to improvise in order to stay alive. He dug a nail out of the raft and bent it to improvise a fishing hook, which he used to catch food. He would use rotting fish to lure gulls to the boat, which he would wrestle to the ground to eat. For water, he drank rain water which he caught with canvas.
Re-creation of his raft
On April 5, 1943, after 133 days in the life raft, Poon Lim reached land and a river inlet. Three Brazilian fishermen rescued him and took him to Belém three days later
Poon was granted numerous rewards, and a book was written that fictionalized his story.
King George VI bestowed a British Empire Medal (BEM) on him, and the Royal Navy incorporated his tale into manuals of survival techniques. After the war, Poon Lim decided to emigrate to the United States. Poon died in Brooklyn on January 4, 1991
The Grading and Yard Seeding is Done
Altho we moved into the new house before New Years there are still a few things to finish up, such as some trim work and grading. Reid Landscaping came and graded the property, planted grass seed and some flowers.
I have been pleased with all of Vernon Esham's subcontractors. I can say the same about Darren Reid landscaping out of Eden Maryland (443-735-4530).
Currently it doesn't look like much, but hopefully if this wind we are having the past couple of days doesn't blow the grass seed away, in a couple of months I will have a lawn.
In the mulch are knockout roses, hosta and hydrangea.
Glimpse of cherry blossoms
by Akutagawa, Ryunosuke. (1892-1927).
Monday, April 04, 2011
100 years of the Model 1911 Colt
The Colt 45 Model 1911 - what a workhorse and a classic firearm. The design came about because the U.S. Army during it's campaign against the Moros in Philippines couldn't stop the enemy with their .38 revolver. The Moros, so called by the Spanish, were 35,000 fanatical Islamic warriors, Muslim terrorists if you will, who “fought in the way of Allah” and declared a jihad, or holy war, against American infidels. Captain Albert Laws from Wango, Maryland after finishing up the Spanish American War was sent to the Philippines to restore peace.
The new weapon design process to replace the .38 started in 1906 and on March 29th, 1911, the Browning-designed, Colt-produced .45 Automatic pistol, was selected as the official sidearm of the Armed Forces of U.S.A., and named Model 1911. History started there. Production of the pistol is measured in the millions. Vast numbers of people have used the Model 1911 from military to lawman to criminals. Everyone has cussed it at sometime or another. The Colt 45 even had a beer named after it.
It has been to war for America for a 100 years, in wars long forgotten and useless wars and mercenary wars, it didn't judge.
Back when I was in the Air Force and stationed in Ajo Arizona in an effort to keep a low profile, do my 4 years and get out, I usually worked the night shift. Part of the duty, beside maintaining the radar equipment, was the night shift guy got to hold on to the Colt 45 and protect the Radar station from invaders with it. In the morning when the Air Police showed up for guard duty we would hand over the pistol to them, naturally we dissassembled it and hide the parts around the guard shack to see how fast they reassemble the pistol before the base commander enter thru the front gate.
Poem Of The Day
Last night, while I lay thinking here,
some Whatifs crawled inside my ear
and pranced and partied all night long
and sang their same old Whatif song:
Whatif I'm dumb in school?
Whatif they've closed the swimming pool?
Whatif I get beat up?
Whatif there's poison in my cup?
Whatif I start to cry?
Whatif I get sick and die?
Whatif I flunk that test?
Whatif green hair grows on my chest?
Whatif nobody likes me?
Whatif a bolt of lightning strikes me?
Whatif I don't grow talle?
Whatif my head starts getting smaller?
Whatif the fish won't bite?
Whatif the wind tears up my kite?
Whatif they start a war?
Whatif my parents get divorced?
Whatif the bus is late?
Whatif my teeth don't grow in straight?
Whatif I tear my pants?
Whatif I never learn to dance?
Everything seems well, and then
the nighttime Whatifs strike again!
Kiwanis Club Easter Egg Hunt
Isn't that the same day as the Little League parade? I think it starts at 8 a.m. or 9 a.m.
and at 7 p.m. The middle school drama production.
Going to be a busy day for parents
Police Commission Meeting Next week
Dixie Melody Boys To Perform
Other performers Saturday are Brian Free and Assurance and Mark Bishop.
Cost is $17 for adults in advance or $20 at the door
Sponsored by Snethen United Methodist Church. Contact Gail Phillips for more information at 302-846-3641.
Middle and High school Events
The same night Talent Show On April 7th Thursday will be the Delmar Middle School talent show from 7-8 p.m. in the school auditorium.
Friday the teachers will have one less day to teach and we will have to put up with teenagers roaming the streets as on April 8th is a teacher in-service day.
On Tuesday, April 12th at 7 p.m. the middle school band will be presenting their Spring Concert in the school auditorium.
On Saturday, April 16th at 7 p.m. The middle school drama production will be held
On Tuesday, April 19th at 7 p.m. in the school auditorium the high school band will be presenting their Spring Concert
And finally on Friday April 22nd the long awaited for Spring Break will be here.
School will be closed on Friday, April 22nd in observance of Good Friday. School will remain closed for Spring Break through Sunday, May 1st. School will reopen Monday, May 2nd. Wow and the teachers complain about how hard they have it.
Two Chicks Spring Barn Sale
Sunday, April 03, 2011
Body of Whitney L. Bennett Found
MANOKIN, Md. - Maryland State Police recovered the body of a Delaware woman who has been missing for four months and have arrested two Wicomico County men as their investigation continues into what caused the death of the woman.
The Chief Medical Examiner in Baltimore identified the body as Whitney L. Bennett, 23, of the 36000-block of Susan Beach Road, Delmar, Delaware. Although the body was identified, the medical examiner said the cause and manner of Bennett's death remains undetermined. Additional forensic examination and tests will be conducted.
State Police investigators last night arrested two men in connection with the ongoing investigation into the disappearance of Bennett. They are identified as Steven L. Akers, 36, and Claude H. Hill, 49, both of the 400-block of South Camden Ave., Fruitland, Md. Both Akers and Hill are charged with accessory after the fact and obstruction of justice. They are being held in the Wicomico County Detention Center on $100,000 bond. They are believed to have known Bennett and others with whom she associated.
Bennett was reported missing by her mother to the Delaware State Police on December 9, 2010. Delaware State Police investigators determined Bennett had last been seen alive in Wicomico County on December 4, 2010. The Wicomico County Bureau of Investigation assumed the investigation into Bennett's disappearance and began an intense search for her which has continued through this weekend.
Police said no one has been charged with the death of Bennett and it has not officially been ruled a homicide.
Investigators are working to develop information on when and how Bennett died and if anyone was responsible for her death. Anyone with information is urged to contact Maryland State Police at the Salisbury Barrack at 410-749-3101. Persons with information may also call Wicomico County Crimes Solvers at 410-548-1776 and may be eligible for a cash reward of up to $1,000
The Pony Express Begins
Today April 3rd in 1860 The first Pony Express mail delivery service by horse and rider between St. Joseph, Missouri to Sacramento, California began. The 1,800 mile run took 10 days. The first Pony Express riders left St. Joseph, Missouri and Sacramento, California, John Ruff riding west and Hugh Wallace riding east. The westbound package arrived in ten days and the eastbound in just over eleven. From then until the service was discontinued on October 24, 1861, riders departed these cities each noon, six days a week. The cost was five dollars per ounce. Based on an inflation calculator this would be $117.97 per ounce in 2009.
by Thomas Morley
April is in my mistress' face.
And July in her eyes hath place.
Within her bosom is September,
But in her heart a cold December.
Okay technically it is more of a song instead of a poem, but if a tree falls in a forest and no one is around, does it make a sound? and if a song is spoken without music is it a poem or a song? Anyway, the composer, organist, and theorist Thomas Morley (ca. 1557-ca. 1602) was the chief English exponent of the Italian madrigal tradition. A YouTube example of this here
Amazing that you make four lines into a minute and half.