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CONCORD REVIEW
I am simply one who loves the past and is diligent in investigating it.
Kung-fu-tzu (551-479 BC) The Analects
1 Jeremy Rhee
Yick Wo v. Hopkins
53 Rock Pang
South China Sea
95 Shrey Agarwal
Serbian Autonomy
119 Cathy Wu
Korean War
245 Daniel W. Jo
Korean Financial Crisis
e-mail: fitzhugh@tcr.org
website: tcr.org
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YICK WO V. HOPKINS
Jeremy Rhee
a short time, all of these efforts, coming from both outside and
within the law, would bear their poison fruit in the form of the
Laundry Ordinance of 1880.
In 1880, San Francisco passed the ordinance that would
trigger a legal reaction from the Chinese community and lead
to a landmark Supreme Court case. The city, in response to the
increasing racial and labor tensions, passed a series of local ordi-
nances in an effort to hinder Chinese acculturation efforts and
to disincentivize further immigration. One of these ordinances,
the Laundry Ordinance of 1880, targeted workers in the San
Francisco laundry market, of whom nearly 89% were of Chinese
descent.15 The ordinance required anyone who operated a laundry
in a building not made of brick or stone to obtain a special cer-
tificate of operation from the San Francisco Board of Supervisors.
Records showed that soon after the ordinance was passed, there
were approximately 280 certificate applications and of those, only
80 were granted. The 80 permits were all granted to Caucasians.
Not one Chinese laundry was granted a license.16
Yick Wo, one of the Chinese laundry business owners, had
operated in the same wooden building for 22 years. He continued
to operate his laundry without a license and was soon convicted and
fined $10.00 for violating the ordinance. Yick Wo refused to pay
the fine and was placed behind bars. He sued for a writ of habeas
corpus, claiming he was being unlawfully detained. With the help
of the Chinese Laundrymens Guild, Yick Wo was able to hire Hall
McAllister, one of the most accomplished lawyers in California,
to bring his case before the California State Supreme Court. Wo
lost all of his appeals at the state level, but was eventually granted
review before the United States Supreme Court. In a unanimous
decision, the Supreme Court held that San Francisco authorities
had acted in a discriminatory manner towards Chinese-owned
businesses and in doing so had violated the Equal Protection
Clause of the Fourteenth Amendment. The Court struck down
the Laundry Ordinance on this basis.17
In the years since Yick Wo, many scholars have noted the
progressive outcome of the decision and have characterized the case
as the start of a new era in the Supreme Courts relationship with
civil rights on a par with the later social progress of the 1960s civil
rights movement.18 However, this is a romanticized view of racial
6 Jeremy Rhee
politics and the Supreme Court at the time. Just ten years later, in
1896, the Supreme Court explicitly condoned racial segregation
in Plessy v. Ferguson. Rather than any genuine motivation for anti-
racism, a pro-business and pro-entrepreneurship sentiment had
much more to do with the outcome of Yick Wo than any desire to
provide racial minorities with equal footing.
Towards the end of the Gilded Age, a period of abundant
economic growth especially in the North and West, the federal
governments developing respect for the free market and small
businesses could be observed through its efforts to regulate indus-
try. This was done in order to keep markets vigorous and prevent
the destructive restraints of trade that emerged in the era. New
phenomena developed in big business through the establishment
of trusts, cartels, and monopolistic business practices. These new
powerful business organizations were not only revolutionary in
size, but also pioneered new and untried managerial methods and
practices. One of the most dominant industries, the railroad, aptly
represented the fiscal, environmental, and geographical scales of
these gigantic changes. But regardless of the magnitude and scope
of their operations, these firms remained profit-driven businesses.
Once a few firms began to compete for a local geographical market,
they began to adopt new techniques to restrain the competitive
edge of their rivals while simultaneously keeping prices as high
as possible. Railroads, for example, protected their profits by ap-
peasing national operators to the detriment of local firms. They
persisted in raising their freight storage and transportation rates
in rural areas. These profit-seeking and abusive practices led to
problems of destructive competition. It was this phenomenon that
spurred on new attempts by the states and the federal government
to regulate prices and industry.19
These new efforts on the part of the authorities manifested
themselves in different forms. Both on the state and federal level,
several new acts were passed to bar companies from engaging in
clear restraints of trade. Congress passed the 1887 Interstate Com-
merce Act and the 1890 Sherman Antitrust Act, and in doing so
directly interfered with markets in order to protect small firms
and consumers by keeping the competitive nature of the free
enterprise system intact. The Interstate Commerce Act mandated
that railroad businesses establish reasonable rates and discontinue
THE CONCORD REVIEW 7
Matthews said that it made little sense for anyone to claim that a
man had a right to gain and prosper from honest employment
except if he were Chinese. Such a belief was, from his point of
view, regressive. Matthews further argued that such discrimina-
tion violated the sacred American proviso that free labor and its
power to transform was a unique gift of American capitalism. To
him, the notion that a young and vigorous system of economy
and government needed protection from such a hard-working
population falsely suggested that it had a fragile nature, not a
resilient one.39 Several years later, Matthews, as a Supreme Court
Justice, espoused these views in his Yick Wo opinion: No reason
whatever, except the will of the supervisors, is assigned why [the
Chinese] should not be permitted to carry on . . . their harmless
and useful occupation, on which they depend for a livelihood.40
The unanimous opinion reflected the Gilded Age attitude towards
competitive capitalism and identified the crux of the issue as the
Laundry Ordinances interference with property ownership and
an individuals attempt to make an honest living through labor.
The Chinese workers economic mobility and success also
enabled them to climb the social and racial hierarchy, where they
found themselves in between black and white. The ceremony and
completion of the first Transcontinental Railroad at Promon-
tory Point in 1869 was an event of symbolic significance for both
white and yellow America.41 Representatives of every govern-
ment branch, and business, gathered to watch the nailing of the
final golden spike that would complete the first Transcontinental
Railroad. Chinese, as result of their hard labor and diligence, en-
joyed a prominent role in the ceremony alongside Irish workers
and white investors. Government and business representatives
observed the picturesque image of the white and Chinese work-
ing class drive the last nails into the line [together].42 It was in
these years that, according to scholar Vivian Wu, Chinese settlers,
through their economic standing, evolved into Chinese-Americans,
whose positions in the so-called racial hierarchy would be as a
bridge between black and white. She writes in an article about the
Chinese in Mississippi that, upon their arrival, the Chinese were
treated the same as African-Americans.43 However, as the Chinese
entered the grocery business in Mississippi, they were able to suc-
ceed financially and become more able to challenge their racial
THE CONCORD REVIEW 11
Endnotes
1
The Jolly Giants Artist Agrees with Darwin, cartoon,
Thistletons Jolly Giant, February 21, 1874.
2
The Constitution Project: Yick Wo and the Equal
Protection Clause, Annenberg Classroom, accessed May 8,
2015, http://sunnylandsclassroom.org/Asset.aspx?id=1475.
3
Sen Hu and Jielin Dong, The Rocky Road to Liberty:
A Documented History of Chinese Immigration and Exclusion
(Saratoga, CA: Javvin Press, 2010), 182.
4
The Constitution Project: Yick Wo and the Equal
Protection Clause, Annenberg Classroom, accessed May 8,
2015, http://sunnylandsclassroom.org/Asset.aspx?id=1475.
5
Plessy v. Ferguson. 163 U.S. 537 (1896).
6
Jonathan D. Spence, Overseas Chinese, in The Search for
Modern China, Third ed. (New York: Norton, 1990), 202-204.
7
Ibid, 204.
8
Henry Kittredge Norton, THE CHINESE, The Virtual
Museum of the City of San Francisco, accessed May 5, 2015,
http://www.sfmuseum.org/hist6/chinhate.html.
9
Alexander Saxton, The Labor Force in California, in
The Indispensable Enemy: Labor and the Anti-Chinese Movement in
California (Berkeley: University of California Press, 1971), 5-6.
10
Ibid., 6.
11
United States, Department of the Interior, Census Office,
Report of the Superintendent of the Ninth Census, by Francis
A. Walker, accessed May 15, 2015, http://www2.census.gov/
prod2/decennial/documents/1870a-02.pdf. and
United States, Department of the Interior, Census Office,
accessed May 15, 2015, http://www2.census.gov/prod2/
decennial/documents/1860a-02.pdf.
12
Saxton, Indispensable Enemy, 7.
13
More Chinese Outrages, San Francisco Chronicle,
February 24, 1870, accessed April 20, 2015, ProQuest
Historical Newspapers [ProQuest].
14
Anti-Chinese Laundry, San Francisco Chronicle, July 3,
1882, accessed May 2, 2015, ProQuest Historical Newspapers
[ProQuest].
15
Sen Hu and Jielin Dong, The Rocky Road to Liberty:
A Documented History of Chinese Immigration and Exclusion
(Saratoga, CA: Javvin Press, 2010), 182.
18 Jeremy Rhee
16
The Constitution Project: Yick Wo and the Equal
Protection Clause, Annenberg Classroom, accessed May 8,
2015, http://sunnylandsclassroom.org/Asset.aspx?id=1475.
17
Ibid.
18
Gabriel J. Chin, Unexplainable on Grounds of Race:
Doubts about Yick Wo, Arizona Legal Studies, September 2008,
1360, accessed April 13, 2015, doi:10.2139/ssrn.1075563.
19
Glenn Porter, Industrialization and the Rise of Big
Business, in The Gilded Age: Essays on the Origins of Modern
America, ed. Charles W. Calhoun (Wilmington, DE: Scholarly
Resources, 1996), 9-12, accessed May 1, 2015, https://
trinityschoolnyc.myschoolapp.com/app/student#topicdeta
il/30884/2299345/2299346/74096.
20
Interstate Commerce Act (1887), Our Documents,
accessed May 13, 2015, http://www.ourdocuments.gov/doc.
php?flash=true&doc=49.
21
Gary B. Nash, The Rise of Smokestack America, in The
American People: Creating a Nation and a Society, 7th ed., vol. 2
(Boston: Prentice Hall, 2011), 546.
22
Alyn Brodsky, Grover Cleveland: A Study in Character (New
York: St. Martins Press, 2000), 241.
23
Gary B. Nash, The American People: Creating a Nation and a
Society, 7th ed., vol. 1 (Boston: Prentice Hall,
2011), 396.
24
Eric Foner, Free Soil, Free Labor, Free Men: The Ideology of
the Republican Party Before the Civil War (New York: Oxford
University Press, 1970), Kindle edition, loc. 322.
25
Ibid.
26
Ibid., loc. 698.
27
Ibid., loc. 784.
28
Joseph G. Rayback, Free Soil; the Election of 1848
(Lexington: University Press of Kentucky, 1971), 103.
29
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
30
Saxton, Indispensable Enemy, xi.
31
Ronald T. Takaki, Iron Cages: Race and Culture in 19th-
Century America (New York: Oxford University Press, 1990),
230.
32
Ibid.
33
Ibid., 232.
34
Ibid., 229.
35
Ibid., 232.
36
Ibid., 235.
37
Ibid., 233.
THE CONCORD REVIEW 19
38
Ibid., 234.
39
Stanley Matthews, Speech of Hon. Stanley Matthews
of Ohio (speech), accessed May 20, 2015, http://babel.
hathitrust.org/cgi/pt?id=osu.32435000043174;view=1up;s
eq=1.
40
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
41
Takaki, Iron Cages, 231-232.
42
Ibid.
43
Vivian Wu Wong, The Chinese in Mississippi: A Race
In-Between, Trotter Review 7, no. 2 (September 23, 1993): 21,
accessed April 2, 2015.
44
Ibid.
45
Ibid.
46
John Kuo Wei Tchen and Dylan Yeats, Yellow Peril!: An
Archive of Anti-Asian Fear (London: Verso, 2014), 135.
47
Samuel George Morton and George Combe, Crania
Americana Or, A Comparative View of the Skulls of Various
Aboriginal Nations of North and South America. To Which Is Prefixed
an Essay on the Varieties of the Human Species (Philadelphia: J.
Dobson, 1839), 2-3, accessed April 17, 2015, https://books.
google.com/books?id=sBBCAAAAcAAJ&printsec=frontcover&
source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false.
48
Ibid.
49
The Louisiana Railways Accomodations Act, Railroads
and the Making of Modern America, accessed May 14, 2015,
http://railroads.unl.edu/documents/view_document.
php?id=rail.gen.0060.
50
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
51
Andrew Gyory, Closing the Gate: Race, Politics, and the
Chinese Exclusion Act (Chapel Hill: University of North Carolina
Press, 1998), 6.
52
Ibid.
53
Ibid., 7.
54
Ibid., 8.
55
Takaki, Iron Cages, 229.
56
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
57
Gabriel J. Chin, Unexplainable on Grounds of Race:
Doubts about Yick Wo, Arizona Legal Studies, September 2008,
1378, accessed April 13, 2015, doi:10.2139/ssrn.1075563.
58
Ibid.
59
U.S. Constitution, art. VI. cl. 2.
60
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
20 Jeremy Rhee
61
Stanley Matthews, Speech of Hon. Stanley Matthews
of Ohio (speech), accessed May 20, 2015, http://babel.
hathitrust.org/cgi/pt?id=osu.32435000043174;view=1up;s
eq=1.
62
Justices 1789 to Present, Justices 1789 to Present,
accessed May 4, 2015, http://www.supremecourt.gov/about/
members.aspx. and Thomas W. Joo, Yick Wo Re-revisited:
Nonblack Nonwhites and Fourteenth Amendment History,
review of Unexplainable on Grounds of Race: Doubts
about Yick Wo, University of Illinois Law Review, September 2,
2008, 1432, accessed April 20, 2015, Social Science Research
Network.
63
Wabash, St. Louis & Pacific Railway Company v. Illinois, 118
U.S. 557 (1886).
64
Yick Wo v. Hopkins, 118 U.S. 356 (1886).
65
E. P. Clark, Case of Yick Wo, Nation, June 16, 1895, 438-
439, accessed May 13, 2015, New York Public Library.
66
Thomas W. Joo, Yick Wo Re-revisited: Nonblack
Nonwhites and Fourteenth Amendment History, review of
Unexplainable on Grounds of Race: Doubts about Yick Wo,
University of Illinois Law Review, September 2, 2008, 1427
accessed April 20, 2015, Social Science Research Network.
THE CONCORD REVIEW 21
Bibliography
Joe Camel
The Joe Camel campaign was very different from other
tobacco advertising in its use of irony and humor. Its theme was
coolness, featuring a cartoon camel in a series of comical situa-
tions that both represented something a teenager might consider
cool, and at the same time, delivered a sense of irony. One of the
most appealing features of the campaign was its sarcastic nature.
It did not just put the viewers into the situations, it made fun of
the situations at the same time.
The Camel campaign grew quickly. Each month, readers
would see Joe in a new situation, each a male fantasy scenario de-
signed to appeal to teen boys and young men. It was as if the ads
THE CONCORD REVIEW 31
free time as they could; and those malls had arcade video games,
which were popular as a solitary and a group activity. Marlboro
worked particularly hard at product placement, in both movies
and arcade video games.39
Beginning in the 1980s, tobacco companies also took
their campaign to the streets to meet young smokers where they
livedliterally. Vans painted with company logos, and full of
promotional merchandise, toured the country, stopping in areas
chosen for extra promotion. Some of these vans were equipped
with large video screens on the sidevideo vans, they were
called in the industry. Strangely, the existence of these vans in
American neighborhoods has been largely overlooked among
historians of the subject. It is known that they operated in some
other countriesRobert Proctor has noted that vans or trucks
fitted with video monitors were active in rural Pakistan.40 But this
strategy was also implemented in America.
Promotional vans were not invented by the tobacco indus-
trypoliticians had used them for decades (with loudspeakers),
radiologists in public health campaigns carried x-ray machines
around local neighborhoods, and library vans brought circulat-
ing books into city neighborhoods ever since the 1950s. These
examples indicate that there was a certain degree of expectation
associated with vans carrying cultural messages. But their use by
the tobacco companies was far more strategically organized and
enacted on a far larger scale.
The vans would drive all over the country, especially in
urban Latino communities. They showed dramatic ads and invited
passers-by to play smoking-themed fairground games that they set
up on the street. One of the guidelines for the drivers of these
vans specified that, because video ads were not being broadcast
via the television, they could park next to schools and arcades
and show the ads to anyone. One of the videos, for example, was
Top Gunthemed and linked to similar print ads published in
1988-1989. It consisted of an unseen pilot performing tricks in
an airplane, impressing beautiful girls, and then landing on an
34 Elizabeth Anne Johns
aircraft carrier, all with a pop soundtrack. At the end, Joe Camel
is shown winking.
The vans also carried games specific to the campaigns.
The idea seems to have been to use activities that were spoofs
of clichd fairground gamesCamel Frisbee Toss, the Wheel of
Camel, and the Cigarette Drop.41 Van drivers handed out free Joe
Camel playing cards to be used in a game involving promotional
music videos played from the sides of the trucks. This method was
not restricted to Joe Camelat least one other company, Winston,
used it as well.
There was a specific technology to this campaign. The vans
audio/visual systems were supplied by a company that bragged
that it allows access to school programs and dances, even in-
cluding high schools. 42 In guidelines for drivers, RJR instructed
that The van can drive by schools as moving media has been
excluded from the 500-foot rule.43 The video van would attract
a crowd wherever it appears, and its videos had proven to be a
tremendous promotional asset.44
As already mentioned, the video vans circulated in a number
of urban areas, targeting Latinos especially. The focus on Latinos
suggests that the use of video vans was not just motivated by the
fact that tobacco companies could not broadcast their ads. Latinos
were a fast-growing population, with high smoking rates, but they
did not spend a great deal of time on mainstream American media
(for instance Univision was founded in 1962, in Texas, and had
become a big source for Latino news and shows by the 1980s).
The vans may have been an attempt to reach a population with
huge smoking potential, which had not yet been targeted by the
bigger tobacco brands and was not likely to be reached by more
conventional media practices.
Judy J. Chapa, who held the position of RJRs Hispanic Field
Marketing Representative in Houston, reporting on the Houston
video van campaign in 1989, noted that it was a big success, but
added that it could be even more successful if changes were made
to adapt it to the tastes of Texas Latinos, by incorporating Tejano
music into the show, and tailoring other aspects of its content
THE CONCORD REVIEW 35
to the diverse population, who came not only from Mexico but
other Latin American countries.45 The vans circulated in tours
of selected metropolitan areas, especially in the South and West,
from Miami to Los Angeles. A single van could tour many cities,
appearing in diverse locations in each one. For instance, one data
sheet listed multiple locations and events in San Antonio, Del Rio,
S. Padre Island, a town on the southern coast of Texas next to the
Mexican border, and a night club in the Texas city of Bermuda,
around 200 miles north of the border. The van stopped at a variety
of locations (in San Antonio it held sessions at the International
Speedway and at a Swap-o-Rama, and made a tour of all night
clubs and a softball tournament).46 Most of the video vans had
connections with stores, which would give out coupons for free
paraphernalia of the tobacco companies in accordance with how
many cigarette packs were bought at these locations. The coupons
(called Camel Cash) could be brought to the video vans for use,
thus promoting cigarettes and bringing attention to the advertis-
ing campaign simultaneously.
Along with providing access to schools, well-populated
sports games, and churches, video vans provided a sense of being
connected to the people who interacted with themit encour-
aged people to think of themselves as being part of a national
network (even though in fact the vans were not actually able to
be everywhere, this was the suggestion that they helped create).
Upon the beginning of the video van program, the training video
for new drivers encouraged them by saying, Its time for us to get
in gear, literally, as the Marlboro Van Program moves out in force
on every highway and bi-way across America.47 This cheerleading
attitude about the reach of the video vans pervaded many of the
tobacco companies planning documents.
The van program was not the biggest marketing invest-
ment that cigarette companies made, but it was not trivial: in
1993, Phillip Morris budget for its video van program amounted
to more than two and a half million dollars,48 and the budget grew
in order to maintain video vans continuously in major cities like
Los Angeles and Miami.49 The program was so large and cohesive
36 Elizabeth Anne Johns
Conclusion
The outrage over the Joe Camel campaign played a sig-
nificant role in creating a level of public hostility that paved the
THE CONCORD REVIEW 39
Endnotes
1
Acknowledgements: My interest in this topic first
developed during a group project for National History Day,
Making a Killing: The marketing of cigarettes to women and
children, 1968-1990, http://71584961.nhd.weebly.com/. My
intellectual debts to Making a Killing are acknowledged in
the notes. I would like to thank the members of my group:
Loretto Crofton, Aaliyah Taylor, Philip Sanders, and Yaritzel
Carlos; I would also like to thank Lisa Oppenheim of National
History Day. I am especially grateful to Mr. Alan Edwards, for
his encouragement, inspiration, and guidance.
2
Quoted in Clive Bates and Andy Rowell, Tobacco
ExplainedIn its own words. (London: Action on Smoking and
health (ASH), N.D.).
3
P. M. Fischer,M. P. Schwartz,J. W. Richards,A. O.
Goldstein,and T. H. Rojas, Brand logo recognition by
children aged 3 to 6 years. Mickey Mouse and Old Joe the
Camel, JAMA, 266(22)(Dec. 11, 1991): 3145-3148.
4
For instance, K. M. Cummings, C. P. Morley, J. K. Horan,
C. Steger, and N. R. Leavell,Marketing to Americas youth:
evidence from corporate documents, Tobacco Control, 11
(2002): i5-i17, at http://dx.doi.org/10.1136/tc.11.suppl_1.
i5(accessed February 10, 2015); Linda G. Pucci, Features
of sales promotion in cigarette magazine advertisements,
19801993: an analysis of youth exposure in the United
States.Tobacco Control. 1999, at dx.doi.org/10.1136/tc.8.1.29
(accessed Aug. 13, 2015).
5
Robert Proctor,Golden Holocaust: Origins of the Cigarette
Catastrophe and the Case for Abolition (Berkeley: University of
California Press, 2011); Allan M. Brandt,The Cigarette Century
(New York: Basic Books, 2007).
6
Brandt, Cigarette Century, chapter 1.
7
Life Magazine, cover, August 8, 1911. There was a picture
on the cover of this issue with a baby smoking a cigarette. In
1915, there was also a health warning published, with a quote
from biologist Davis Starr Jordan that said, The boy who
smokes cigarettes need not be anxious about his future, he has
none; quoted and described in Tobacco timeline 1900-1949,
at http://archive.tobacco.org/resources/history/Tobacco_
History20-1.html (accessed Aug 1, 2015).
42 Elizabeth Anne Johns
8
CDC, Achievements in Public Health, 1900-1999: Tobacco
Use -- United States, http://www.cdc.gov/mmwr/preview/
mmwrhtml/mm4843a2.htm (accessed 20 July 2015).
9
Morton Levin, M.D. Tobacco Smoking and
Cancer,JAMA Network.Oct. 28, 1950.
10
There is no consensus on the reason for this, but one
possibility is that the cancer warnings were no longer fresh
news, and had faded from public attention. See Adult per
capita cigarette consumption, graph in Achievements in
Public Health, 1900-1999: Tobacco UseUnited States, 1900-
1999, at http://www.cdc.gov/mmwr/preview/mmwrhtml
mm4843a2.htm (accessed July 15, 2015).
11
Advisory Committee to the Surgeon General of
the Public Health Service, Smoking and Health, U.S.
Department of Health, Education and Welfare, Public Health
Service, Publication #1103, Washington DC, 1964.
12
Brandt, Cigarette Century, 111ff.
13
Quoted in Bates and Rowel, 30
14
R. J. Reynolds Company, Marketing Objective 1975, at
https://legacy.library.ucsf.edu/tid/qbl69d00/pdf (accessed
Feb. 9, 2015).
15
Lorillard, Memo from executive T. L. Achey to former
Lorillard President Curtis Judge re Newport brand, August
30, 1978, at http://industrydocuments.library.ucsf.edu/
tobacco/docs/xtbl0135; M. E. Jonestone, H. G. Daniel, and
C. J. Levy, Young Smokers Prevalence, Trends, Implications,
and Related Demographic Trends. March 31, 1981; Bates
No. 10003908032013, February 14. Philip Morris. http://
industrydocuments.library.ucsf.edu/tobacco/docs/tnbl0191
(accessed September 30, 2015).
16
R. J. Reynolds, Planned Assumptions and Forecast
for the Period 1977-1986, March 15, 1976, R. J. Reynolds;
Minnesota Lawsuit. 1977-1986 (770000-860000). http://
industrydocuments.library.ucsf.edu/tobacco/docs/hqdb0102
(accessed September 30, 2015).
17
Quoted in Carlos et al, Making a Killing.
18
http://druglibrary.eu/library/reports/nc/nc2b_10.htm
(accessed September 12, 2015).
19
History: the 1970s, Advertising Age, http://adage.com/
article/adage-encyclopedia/history-1970s/98703/ (accessed
September 12, 2015).
THE CONCORD REVIEW 43
20
Ibid. See also http://advertisinghistory.blogspot.
com/2009/12/era-of-testing.html (accessed September 12,
2015).
21
Quoted in Kline, Out of the Garden: Toys, TV, and Childrens
Culture in the Age of Marketing (New York: Verso Press, 1995),
174.
22
Ibid., 175.
23
Grace Palladino, Teenagers: an American History (New York:
Basic Books, 1997).
24
Discussed in Kline, 174-176.
25
D. Kirk Dickerson, Selling Sin: The marketing of socially
unacceptable products (Westport, CT: Praeger Press, 2003), 154-
155.
26
Stuart Elliott, Camels Success and Controversy,
December 12, 1991, at http://www.nytimes.com/1991/12/12/
business/the-media-business-advertising-camel-s-success-and-
controversy.html (accessed July 13, 2015).
27
Examples of Joe Camel ads in authors collection: Outdoor
Life, 1989, 184:2; Bassmaster, July/August 1990; 1989; Field and
Stream, Jan 1990; Sports Afield, April 1989; Outdoor Life, April
1988; Rolling Stone. 1988-1995.
28
Mark Evje, Top Gun boosting service sign-ups, Los
Angeles Times, July 5 1986.
29
Elliott.
30
R.J. Reynolds Tobacco Co., Document Date:1989, Bates
Number: came3220, at https://industrydocuments.library.ucsf.
edu/tobacco/docs/ypnc0050; Camel Smooth Character, 1989,
Bates Number: came2612, at: https://industrydocuments.
library.ucsf.edu/tobacco/docs/mxnc0050 (both accessed July
28, 2015).
31
Philip Hilts, Tobacco chiefs say cigarettes arent
addictive, New York Times, April 15, 1994.
32
For a brief explanation of the program and an account
of a current lawsuit related to unredeemed vouchers, see
Daniel Siegal, R.J. Reynolds Looks To Snuff Out Camel Cash
Class Action, at http://www.law360.com/articles/577480/rj-
reynolds-looks-to-snuff-out-camel-cash-class-action (September
15, 2014)
33
Tom Wolfe, The last American Hero is Junior Johnson
Yes!, Esquire (1965): 68-87.
34
Long Haymes, RJR, Long Haymes Carr Lintas Smokin
Joes Racing Sales Video, 1994 (19940000), at http://
44 Elizabeth Anne Johns
industrydocuments.library.ucsf.edu/tobacco/docs/tqhb0039
(accessed 3 September 2015).
35
Motorsports, Popular Mechanics, October (1995): 106.
36
Camel GT, Portland, Oregon, The Driver who makes
the smoothest move during the G. I. Joes Camel Gran Prix
July 30 at Portland International Raceway will collect a special
$2500 bonus from RJR, at https://industrydocuments.library.
ucsf.edu/tobacco/docs/hfhm0084 (accessed 8 August 2015).
37
Leon Gurevitch, The Cinemas of Transactions: The
exchangeable currency of GC attractions across audiovisual
economies, Journal of Television and New Media, Sage
Publications, New York, 11 (5) (2010): 367-385.
38
For a video clip of the appropriate moment
in Superman II, see: https://www.youtube.com/
watch?t=19&v=vkfUUqowQjA. More generally on product
placement see Rich Lyman, In the 80s: Lights! Camera!
Cigarettes, New York Times, March 12, 2002 and C. Mekemson,
and S.A. Glantz, How the tobacco industry built its
relationship with Hollywood, Tobacco Control 11 (2002): i81-i91
39
P. Gallant, Product placement in video games: are they
doing Too much?, 4 October 2013, at http://blogs.longwood.
edu/mediaandsociety02fall013/page/5/(accessed Sep.5
2015).
40
Proctor, Golden Holocaust, 63.
41
Gina L. Milnet, [Memo Referring to the Video Van
Concept]. 1989 January 4. Joe Camel: Mangini Lawsuit, at
http://industrydocuments.library.ucsf.edu/tobacco/docs/
znvv0095 (Accessed 12 July 2015).
42
Entertainment Video, 1988: N. A., Introduction.
Entertainment Videos Mobile Audio/Video system was
conceived to satisfy promotion requirements, 1988 April 21,
at http://industrydocuments.library.ucsf.edu/tobacco/docs/
ylhp0089 (Accessed 12 July 2015).
43
N. A., Stockdale Bk. Sampling - Video Van Guidelines
For 4/19 - 4/20 TRIP, April 12, 1990 RJ Reynolds, at http://
industrydocuments.library.ucsf.edu/tobacco/docs/fkjg0059
(Accessed 12 July 2015).
44
Entertainment Video.
45
Judy J. Chapa, Camel Video Van Video, February 14, 1989
RJ REYNOLDS, at http://industrydocuments.library.ucsf.edu/
tobacco/docs/lfvf0087 (Accessed 5 September 2015)
THE CONCORD REVIEW 45
46
Video Van Fact Sheet, April 24, 1989 RJ Reynolds, at
http://industrydocuments.library.ucsf.edu/tobacco/docs/
nfll0092 (Accessed 5 September, 2015).
47
Marlboro Van Programtraining video transcript, 1997
December. Philip Morris. http://industrydocuments.library.
ucsf.edu/tobacco/docs/lmbw0167 (Accessed 5 September,
2015).
48
Powerforce. Philip Morris Pass Through Budget
(estimated, 1994 October. Philip Morris, at http://
industrydocuments.library.ucsf.edu/tobacco/docs/nlpy0217
(Accessed 5 September, 2015).
49
November Video Van Activity, 1989, at http://
industrydocuments.library.ucsf.edu/tobacco/docs/hznk0084
(Accessed 15 September 2015).
50
Weekly Bull. Special Edition issue no. 5, (February 1998).
Philip Morris, at http://industrydocuments.library.ucsf.edu/
Bibliography
1978, at http://industrydocuments.library.ucsf.edu/tobacco/
docs/xtbl0135 (accessed September 30, 2015)
Lyman, Rich, In the 80s: Lights! Camera! Cigarettes!, New
York Times, March 12, 2002.
Marlboro Van Program training video transcript, 1997
December. Philip Morris. http://industrydocuments.library.
ucsf.edu/tobacco/docs/lmbw0167 (accessed 5 September,
2015).
Mekemson, C., and Glantz, S. A., How the tobacco industry
built its relationship with Hollywood, Tobacco Control, 11
(2002): i81-i91
Merryman, Walker, Young Smokers,Chicago Tribune, 26
December 1990.
Millman, Nancy, Fold tent on Old Joe, Camel told,Chicago
Sun-Times,March 10, 1992.
Milnet, Gina L. [Memo Referring to the Video Van
Concept]. January 4, 1989. Joe Camel: Mangini Lawsuit, at
http://industrydocuments.library.ucsf.edu/tobacco/docs/
znvv0095 (accessed 12 July 2015).
Motorsports, Popular Mechanics, October (1995): 106.
National Commission on Marijuana and Drug Use, History
of tobacco regulation: the ban on advertising, at http://
druglibrary.eu/library/reports/nc/nc2b_10.htm (accessed
September 12, 2015).
November Video Van Activity, 1989, at http://
industrydocuments.library.ucsf.edu/tobacco/docs/hznk0084
(Accessed 15 September, 2015).
Ognibene, Peter J., To your [cough, wheeze] health,
Chicago Tribune, March 9, 1982: 15.
Palladino, Grace, Teenagers: an American History. New York,
Basic Books, 1997.
Pierce, J.P., and Gilpin, E. A., A historical analysis of
tobacco marketing and the uptake of smoking by youth in the
United States: 18901977.Health Psychology, 14(6) (1995): 500-
508.
Plous, Scott, Joe Chemo,Adbusters Magazine, 1996.
Powerforce. Philip Morris Pass Through Budget
(estimated, 1994 October. Philip Morris, at http://
industrydocuments.library.ucsf.edu/tobacco/docs/nlpy0217
(Accessed 5 September 2015).
THE CONCORD REVIEW 51
Rock Pang
Prehistory
Victor Paz, a Philippine archaeologist, contributed greatly
to the understanding of ancient civilizations in the South China
Sea with his 2005 discovery of jewelry made from tiny cone-shaped
shells. This finding demonstrated the Neolithic heritage of ancient
life in the Ill Cave, a site in the northern Palawan province of
the Philippines, and affirmed the existence of ancient civilizations
in the region.4 While the exact origin of these crafts remains un-
certain, the fact that they integrate elements of multiple cultures
indicates close contact between early civilizations around the sea.
Ancient human activities in the South China Sea were si-
multaneously extemporaneous and interdependent, as suggested
by Wilhelm Solheims Nusantao Maritime Trading and Commu-
nication Network Theory. According to this theory, elements of
culture disseminated via the central-periphery theory of population
radiation generally occur in a primarily unidirectional manner.
Anachronistic artifacts, however, such as jade lingling-o, an ancient
Philippine necklace pendant, and bicephalous earrings found in
Vietnam and Taiwan, demonstrate that cultural items were traded
in a multitude of directions. This evidence indicates that there likely
existed a trade network between these civilizations,5 invalidating the
theoryin favor of some Chinese claimsthat ancient residents
in Southeast Asia originally migrated from Taiwan. Discovery of
similar items in different regions shows that cultures developed and
then expanded through the bustling trade network; the activities
also suggest that income disparity was minimal in these cultures.
Such semi-nomadic people shared the sea, which was considered
a collective community.6 The Nusantao people of Southeast Asia
developed a lifestyle consistent with coastal trading communities,
dependent on trading and fishing, and without ethnic identities
and delineated territories.
This archaeological evidence thus demonstrates that, pre-
historically speaking, the South China Sea was home to a variety
of cultures with a common lifestyle and trade. These conditions
laid the foundation for future commerce and cooperation.
56 Rock Pang
Funan
In the first centuries CE, the first state to play a dominant
role in the South China Sea trade was the Funan Empire, an in-
dependent kingdom spanning from Southern Vietnam to western
Cambodia. Funan controlled a crucial geographical location on
THE CONCORD REVIEW 57
Song Dynasty
During the Song Dynasty, China sent a multitude of ships
to voyage across the South China Sea. In 987 CE, Song sent four
missions abroad to encourage trade with foreign states. In 989 CE,
private Chinese traders were permitted to voyage throughout the
region. Then, urged by merchants and governors, Song promoted
the maritime trade to an even greater extent. The Song coinage
became a medium of exchange as far away as Sumatra and Java,
and the currency circulated rapidly around the South China Sea
trade network.24 Nevertheless, because travel through the South
China Sea was thought to be especially dangerous, Chinese sailors
called it Wanli Shitang.25 According to a Chinese account from
1178 CE, Zhou Qufeis Lingwai Daida, Wanli Shitang was a vast
archipelago filled with dangerous rocks.26 Therefore, although
the Song encouraged openness, the dynasty remained tentative
and, to some extent, afraid of the South China Sea until 1279 CE
when the Yuan Dynasty took power.
Yuan Dynasty
Yuan was the first empire to invade the South China Sea,
interrupting what had become a peaceful trade routine, and acting
in a manner that is very much in line with contemporary Chinese
policy. In 1279 CE, the Yuan Dynasty began with a show of power
THE CONCORD REVIEW 61
Ming Dynasty
Regionally, the Ming Dynasty became notorious for starting
the Seclusion Policy following the fall of the Yuan Dynasty. The
Ming emperor feared foreign intervention and banned private
maritime trades, although unofficial trade was never exterminated.
During the prominence of the Ming Dynasty, the eunuch voyage
(The Seven Voyages of the Ming Chinese Treasure Fleet) became a
highlight. Zheng He, the commander of the eunuch voyage, was a
close confidant of the Ming emperor and conducted seven excur-
sions to the Indian Ocean. This lavish expedition aimed to over-
whelm foreign peoples and convince them indisputably of Mings
power.29 The troops stopped at Champa and Sumatra, and, during
the third voyage in 1409-1411, battles broke out between Zhengs
forces and those of a local small kingdom in the Malay Peninsula.
Eventually, Zheng captured the Malay leader and escorted him
back to China. Zheng flaunted Chinese military prowess for each
country he passed, amounting to a pro-expansionist excursion30
through which Ming sought to assert regional dominance.
THE CONCORD REVIEW 63
Qing Dynasty
As Western powers flocked to the region and contributed
to political conflict in Southeast Asia, the Qing Dynasty in China
became uninterested in the South China Sea. Qing was the last
dynasty in China, and is well known for its Seclusion Policy, which
reinforced the early prohibition against incorporating advanced
European technology. During Qing, Western countries increased
their military power, as demand for access to the Chinese market
increased. After the Opium Wars, China reverted to an almost
colonial society in which the South China Sea was controlled by
various Western countries. Similarly, states surrounding the South
China Sea were eradicated or colonized so that sovereignty over
the sea fully transferred to Western countries.
Despite resistance from southern merchants, the Qing
government banned sea trade again as a means of consolidating
Qing power. As with Mings policy, this limitation proved coun-
66 Rock Pang
terproductive to trade. So, the trade ban was lifted and Chinese
merchants set sail again to the wide South China Sea in 1684.
[...] there are big rocks, but we do not know anything about it.45
The Qing Dynastys reluctance thus delayed Chinese occupation
in the South China Sea.
While the Qing Dynasty hesitated to explore the South
China Sea, colonial powers began securing territory in the region.
As people became much more informed about the nature of the
South China Sea, industrial countries came into the region and
continued direct expansion in south, east, and southeast Asia.46
Concomitantly, Great Britain defeated France in the Napoleonic
Wars, thus ensuring a new English hegemony in the eighteenth
century. To open the Chinese market following this victory, Britain
declared the Opium Wars of 1840 and 1860, which resulted in
the Qing ceding Hong Kong and opening five ports to English
trade. Simultaneously, Great Britain seized the Malacca Straits.
Despite the fact that the East India Company was essentially bank-
rupt, it maintained its colonial efforts in the South China Sea and
eventually claimed Sabah, an eastern Malaysian state at the rim of
the Spratly Islands, as British territory.47
ing World War II, Japan occupied Woody Island in the Paracels
and Itu Aba in the Spratlys. It was not until 1945 that U.S. forces
eliminated the Japanese Itu Aba military base and the fortune of
the South China Sea transferred to the U.S. However, the U.S.
could not determine which country had the most legitimate claim
to sovereignty over the South China Sea. Because the region was
of no vital interest to the U.S., at the 1944 Yalta Conference it was
suggested that the South China Sea fall under the control of the
projected international organizationwhat would become the
United Nations. Due to Frances long history of pursuing control
in the region, however, France was reluctant to negotiate.63 As a
result, the U.S. left sovereignty over the South China Sea in an
ambiguous state.64
The South China Sea soon became an area contested
by the Philippines, Vietnam, France, and China. In 1946, the
Philippines declared independence from the U.S. and argued
that the Spratly Islands were rightly Philippine territory.65 In the
same year, the Kuomintang government seized the Spratly Islands
from Japan and published new names for each of the islands;
no country protested this action.66 Concurrently, the French
navy sent a minesweeper to set a stone marker on Itu Aba in the
Spratlys, declaring the island French property. In the same year,
China sent ships to the Spratlys and left markers.67 In 1947, the
Chinese Geography Department of the Ministry of Internal Affairs
drafted a list of new names for all the islands in the South China
Sea,68 increasing the total number of Chinese islands from 132 to
159.69 Notably, in the 1947 Location Map of the South China Sea
Islands, the eleven-dash line created by this conglomeration of
newly claimed islands stretched from Taiwan to the coast of Brunei
to the Gulf of Tonkin. This well-known legacy was the first time
the Kuomingtang government officially marked the South China
Sea as Chinese territory, including the Paracel Islands, the Spratly
Islands, the Pratas Islands, and the Macclesfield Bank.70 The gov-
ernment soon stated that it would negotiate precise boundaries
with countries according to the principles of international laws,
but it did not make any changes to the map.
THE CONCORD REVIEW 71
Union. While China was concerned that the Soviet Union might
send troops if North Vietnam won the war, the 1972 rapproche-
ment between the U.S. and China emboldened China.
Bolstered by the support of the U.S., the Chinese presence
in the Paracels became a strategic effort to pre-empt the Russians
from using the islands after the Vietnam War.80
Chinese nationalism was another significant factor con-
tributing to further Chinese naval aggression in the South China
Sea. Because Chinese politicians named the period between the
Opium Wars and the establishment of the Peoples Republic of
China the Century of Humiliation,81 citizens became aroused
and indignant when territorial disputes threatened to harm na-
tional interests. Declaring that the South China Sea was about to
be invaded by an ambitious southeastern country, the Chinese
government reinforced support for maritime irredentism.82 This
philosophy upheld the acquisition of Chinese territories because
of the humiliating history in the late nineteenth century and
propagated the idea that China was going to be excluded from
the South China Sea. China claimed that the South China Sea was
an exclusive and integral part of the nation and argued that the
regions islands had been Chinese territory since ancient times.83
the South China Sea. China sent its navy to the four islands in
the Paracels and six islands in the Spratlys. Vietnam approved a
plan to move people to its controlled islands and build logistical
structures. The Philippines has developed tourism in its occupied
islands. Malaysia used soil to raise the level of the Swallow Reef
in order to construct hotels, an airstrip, and facilities for scuba
divers.122 Above all, though countries were in agreement with
the ideal of cooperation, this declaration did not effectively and
pragmatically resolve the crisis.
During the period from 1949 to the present, disputes over
the South China Sea reached flash points for a series of conflicts,
with all of the involved coastal countries making aggressive claims.
These developments took place against a backdrop of significant
changes in Chinas relations in the region, as well as the coastal
states growing awareness of their maritime rights in the South
China Sea.123 China has played an active role in this area, but its
desire for the potential resources available in the region has made
its stance rigid and even aggressive, as demonstrated by the clashes
in 1974, 1988, and 1995. However, adhering to an international
call for peace, China has not militarily seized any additional ter-
ritories in the South China Sea since the Mischief Incident.
Conclusion
As this paper has discussed, the South China Sea connects
trade between the Indian Ocean and East Asia and is home to
numerous oil and fishery resources.
However, vying for sovereignty in this sea area has caused
further dissent and conflict in the region. Supporting a desire for
territorial ownership on this strategically significant sea, China,
Vietnam, and the Philippines all claim sovereignty based on his-
torical evidence. Because Chinese military power is much greater
than that of other claimants, however, a situation has arisen in
which countries organize ostensibly friendly negotiations where
no actual concessions are made.
THE CONCORD REVIEW 83
Endnotes
1
Nguyen Hong Thao, Vietnam and the Code of Conduct
for the South China Sea, Ocean Development & International
Law 32, no. 2 (2001): 105130.
2
Ulises Granados, The South China Sea and Its Coral
Reefs During the Ming and Qing Dynasties, East Asian History,
no. 33 (2007): 114.
3
Bill Hayton, The South China Sea: The Struggle for Power in
Asia (New Haven: Yale University Press, 2014), 32.
4
Ibid., 12.
5
Wilhem G. Solheim, Archaeology and Culture in Southeast
Asia: Unraveling the Nusantao (Quezon City: University of the
Philippines Press, 2006), 57139.
6
Ibid.
7
Robert D. Kaplan, Asias Cauldron: The South China Sea and
the End of a Stable Pacific (New York: Random House, 2014),
258; Hayton, South China Sea, 32.
8
Yumin Sheng, Economic Opennness and Territorial Politics
in China (Cambridge, UK: Cambridge University Press, 2011),
112.
9
Exhibit 2 Mandate: Firstly, Whats It All About? Sea
Indianisation Museum, accessed September 23, 2015, http://
sea-indianisation-museum.weebly.com/mandala.html.
10
Miriam T. Stark, After Collapse: The Regeneration of Complex
Societies (Tucson: University of Arizona Press, 2006), pp.144-
167.
11
Pierre-Yves Manguin, Trading Ships of the South China
Sea, Journal of the Economic and Social History of the Orient 36,
no. 3 (1993): 25380.
12
Jung-pang Lo, China as a Sea Power, 11271368
(Singapore: National University of Singapore Press, 2012).
13
Mingjiang Li, The Peoples Liberation Army and Chinas
Smart Power Quandary in Southeast Asia, The Journal of
Strategic Studies 38, no. 3 (2015): 373.
14
Hayton, South China Sea, 17.
15
Lo, China as a Sea Power, 200.
16
Ibid.
17
Daojiong Zha, Security in the South China Sea,
Alternatives: Global, Local, Political 26, no. 1 (2001): 3351.
18
Lucian W. Pye, China: Erratic State, Frustrated Society,
Foreign Affairs, September 1990, accessed September 22, 2015,
THE CONCORD REVIEW 85
http://www.foreignaffairs.com/articles/45998/lucian-2- pye/
china-erratice-state-frustrated-society.
19
Hayton, South China Sea, 15.
20
Ibid., 12.
21
Ibid., 15.
22
Historical Evidence to Support Chinas Sovereignty over Nansha
Islands, official government edition (Beijing, the Peoples
Republic of China: Ministry of Foreign Affairs, 2000).
23
Jianming Shen, Chinas Sovereignty over the South
China Sea Islands: A Historical Perspective, Chinese Journal of
International Law 1, no. 1 (2002): 113.
24
Hayton, South China Sea, 26.
25
Lowell Bautista, Dispute Settlement in the Law of the
Sea Convention and Territorial and Maritime Disputes in
Southeast Asia: Issues, Opportunities, and Challenges, Asian
Politics & Policy 6, no. 3 (2004): 37687.
26
Shen, Chinas Sovereignty, 119121.
27
Lo, China as a Sea Power, 289290.
28
Hongru Tian, Cong lishi he fali kan feilvbin tiaoqi nanhai
zhengduan, China Military Online, accessed September 1,
2015, http://youth.chinamil.com.cn/qnht/2014- 02/26/
content_5783971.htm.
29
Sue Gronewald, The Ming Voyages, Asia for Educators,
Columbia University, accessed September 20, 2015, http://
afe.easia.columbia.edu/special/china_1000ce_mingvoyages.
htm#voyages.
30
Ibid.
31
Ibid.
32
Roderich Ptak, Ming Maritime Trade to Southeast Asia
13681567: Visions of a System, in From the Mediterranean
to the China Sea: Miscellaneous Notes, ed. Claude Guillot, Denys
Lombard, and Roderich Ptak (Wiesbaden: Harrassowitz,
1998), 157192.
33
Andrew Hardy, Mauro Cucarzi, and Patrizia Zolese, eds.,
Champa and the Archaeology of My Son (Vietnam) (Singapore:
National University of Singapore, 2009), 4560.
34
Hayton, South China Sea, 45.
35
Reid Barbour, John Selden (Toronto: University of Toronto
Press, 2003), 208209.
36
Hayton, South China Sea, 47.
37
Treaty of Westphalia, Avalon ProjectTreaty of
Westphalia, Yale Lilian Goldman Law Library, accessed
86 Rock Pang
Bibliography
Talmon, Stefan and Bing Bing Jia. The South China Sea
Arbitration: A Chinese Perspective. Oxford, UK: Hart Publishing,
2014.
Tasker, Rodney. A Line in the Sand. Far Eastern Economic
Review 115 (1995): 14.
Thao, Nguyen Hong. Vietnam and the Code of Conduct
for the South China Sea. Ocean Development & International Law
32, no. 2 (2001): 105130.
The South China Sea Disputes: Documents and Context.
Chinese Law and Government 46, nos. 34 (2013): 10170.
Tnnesson, Stein. An International History of the Dispute in the
South China Sea. Abingdon: Routledge, 2009.
Wu, Shicun, and Keyuan Zou, eds. Maritime Security in
the South China Sea: Regional Implications and International
Cooperation. Burlington, VT: Ashgate Publishing Company,
2009.
Xu, Ge. Tiemao Gu Haijiang: Gongheguo Haizhan Shiji.
Beijing: Haichao Chubanshe, 1999.
Zha, Daojiong. Security in the South China Sea.
Alternatives: Global, Local, Political 26, no. 1 (2001): 3351.
Zou, Keyuan. The Chinese Traditional Maritime Boundary
Line in the South China Sea. International Journal of Marine and
Coastal Law 14, no. 1 (1999): 2755.
. The Sino-Vietnamese Agreement on Maritime
Boundary Delimitation in the Gulf of Tonkin. Ocean
Development and International Law 36, no. 1 (2005): 1324.
94 Rock Pang
Winston S. Churchill
A History of the English-Speaking Peoples [Abridged]
London: Cassell, 1998, p. 294
Shrey Agarwal
Context
Archduke Franz Ferdinand and the July Crisis,10 the Serbs con-
stantly rebelled against the Austrian leadership, first by refusing
to negotiate with them and secondly by refusing the ultimatum
terms. On one hand, Serbia felt cheated of its rightful claim to
territories within the Balkan and Ottoman regions, while on the
other, both regions were critical of Serbian dissent within their
respective borders. Events such as the mass murder of Serbs after
the Herzegovina uprising in 1852 exacerbated mutual misgivings,11
paving the way for more uprisings in the same region throughout
the 1870s. Little more than a decade after the first uprising, ten-
sion quickly escalated over the influence of Hungarian ministers
like count Gyula Andrassy, who under article 8 of the Ausgleich
Compromise had a considerable weight on foreign policy. Article
8 effectively made the Hungarian minister a minister of foreign
affairs as well, meaning that now the Magyars, another prominent
rival of the Serbs, had a powerful say in Serbian treatment within
the state. The dual-monarchy crisis from Ausgleich further com-
promised the view native Serbs had towards their own monarchy,
viewing all monarchies as oppressive without a proper legislative
body. Since a movement away from the monarchy dominated the
changes that characterized Serbia during this periodseeing the
monarchy as perhaps an outmoded form of governmentthe
idea of an uncontrollable and hostile foreign monarch added
insult to injury, further catalyzing the violence that erupted in
the latter half of the century.
World War I provided the perfect opportunity to bolster
Serbian power in the Balkans while eliminating the Austrian threat
and liberating the oppressed Bosnians. Following the successes of
Camillo di Cavour and Otto Von Bismarck in nationalizing Italy and
Germany respectively,12 many felt it was Serbias birthright to use
blood and iron13 (Bismarcks phrase) to subdue its enemies. The
question arises: to what extent did Serbian political developments
in the 19th century, aligned with nationalist rhetoric, influence
its decision to risk war with Austria-Hungary?
98 Shrey Agarwal
Kosovo became a rallying cry for the 19th century Serbs who again
threw themselves at the Ottomans. However, this time there was a
common interest for the Serbsnational independence.19 Under
the same flag flown 400 years earlier, the Serbians prevailed. As
Swiss sociologist Norbert Elias points out, the loss of power is al-
ways traumatic: states and other social units which have lost their
claim to a position of highest rank in the elimination struggles
of their day often require a long time, even centuries, to come to
terms with this changed situationand perhaps they never man-
age it.20 Even four hundred years after wresting control from the
Ottomans, the Kosovo experience was still fresh in the minds of the
Serbs, intensified by the fact that they now felt threatened by the
West and other powers in the Balkans. With Serbias geographic
location, the Serbs paranoia translated to hostility at every bor-
derthe Austro-Hungarians to the north, the Ottomans to the
south, and the Bulgarians to the east. These Serbian fears fostered
national insecurity, and despite precautionary acts to contain it
from the government, eventually led Serbians to strike out against
the Austro-Hungarian Empire in the 20th century.
The Serbian struggle for independence from the Ottoman
Empire set a precedent for the burning nationalism that marked
the 19th century. It followed the sentiments of the sacrifice of 30,000
Serbs in the failed defense of Kosovo in 1389 against the same
opponent, the Ottomans.21 The fact that the Ottomans in the 14th
century were leagues apart from the 19th century Ottomans was
trivial; it was all about the emotions surrounding the confronta-
tion. The message that the 19th century Serbian war sent was clear:
Serbians would continue fighting until they felt secure within their
land. Serbia reared its nationalistic horns at the rest of the world,
and the energy of this movement pervaded all aspects of Serbian
society, whether it was the Serbian government, the Serbian citi-
zens, or even those ethnic Serbs who lived in Turkey and Austria.
It grew to engulf a territory encompassing much more land than
just that under the Ottoman rule. A Serb was now anyone who
shared the same language, history, and identity of the newly freed
Serbians. This new Pan-Slavic movement, born between 1800 and
1815, set the stage for the conflict to come.22
100 Shrey Agarwal
enough. Prime Minister Pasic said in 1913 the first round is won.
Now for the second roundagainst Austria.34 Militaristic nation-
alism played an important role in Serbian developments in the
late 19th century. Serbia actively sought war with Austriawhich
they achieved through World War I.
The final step came with the development of the afore-
mentioned Black Hand, whose motto itself was Ujedinjenje ili Smrt
(Union or Death).35 Preceding this level of radical thought, Serbia
was represented by the old nationalist group of Narodna Odbrana
(National Defense), created to spread propaganda advocating
the rights of ethnic Serbs in Austro-Hungary in 1908. When that
group failed to get much leeway, paramilitary aggression became
an unofficial government resource, under the table so to speak.
The Black Hand, composed of Serbian officials, high-ranking army
officers, and government leaders, spread anti-Austrian propaganda
and planned assassinations to reunite the people of Greater Ser-
bia under full Serbian leadership, regardless of where they were
located, north or south.36 Yet before tensions with the Southern
Slavs could be dissolved, the Austrian problem loomed larger, as
it was a mutual conflict drawing together all Slavs, regardless of
location. It is highly doubtful that Serbia expected anything greater
than a regional confrontation to emerge from its confrontation
from Austria (World War 1). Serbia and its Black Hand were only
concerned with achieving the goal of national unity under a Pan-
Slavic banner. Preceding this conflict, nationalist ideals emerged
in radical forms such as assassinations, uprisings, and other acts
of violence, as well as in more civic forms such as the patriotism
depicted by the tens of thousands of Serbians who supported the
Black Hand.37 Ironically, public support escalated into these more
violent forms of nationalism.
On June 28, 1912, the Black Hand assassinated Archduke
Franz Ferdinand of Austria and set off a series of events leading to
the First World War. Elsewhere, outside Serbian interests, tensions
had been escalating throughout Europe, including militarism
among the European powers Germany and Britain. An intricate
alliance system polarized the continent, and issues of European
104 Shrey Agarwal
Mihaljo had the potential to lead his country two ways following
the nationalistic surge of the 1850s. Rather than focus on devel-
oping the Serbian economy from its agrarian status into a more
industrialized economy, Mihaljo followed the examples of his
Slavic predecessors Catherine the Great and Peter the Great in
an effort to modernize Serbia in preparation for war, focusing on
cultural and behavioral changes in a society that had historically
clung strongly to its heritage.42 But there were many differences
between the days when Catherine the Great and Peter the Great
were modernizing their nations and the time Mihaljo followed
their lead; his predecessors already had a strong bureaucracy set
up under the previous monarchies and a solid agricultural base
to build on. Furthermore, the people of Russia a century earlier
had no literacy, no experience with the Western liberalism that
raged across Serbia.
Such a course of action by Mihaljo did not achieve many
of his goals. Eventually after he was coerced into abdication for
disrespecting the Turkish constitution that had been established
in Serbia, the next prince, Alexander Karadordevi, renounced
most of Mihaljos policies and reverted to those of Karadorde
and Milos which focused on education, although he did success-
fully add a civil code.43 Although Mihaljos war preparations led
to increased economic productivity, Serbias lack of economic
equality again prevented any real progress as wealthy aristocratic
land owners only got richer. Furthermore, the poorer Serbian
classes resented Mihaljo, as they saw him as a despot, abusing his
power. The serfs didnt believe that they themselves were benefit-
ting from westernization. If we examine this phenomenon from
the standpoint of the funnel of choices, following the govern-
ments inability to centralize efficiently, the failure of Mihaljos
top-down policies stirred class tensions. Although the military of
Serbia was mostly from the lower and middle classes, the major-
ity of the money was concentrated in the upper class, incurring a
new level of unity within the other classes. Now in addition to
the national enmity against Austria, there also emerged internal
tension against the Turkish-dominated economic system that the
majority of the classes lived under. This majority did have one thing
106 Shrey Agarwal
Conclusion
War was the culmination of a hundred years of geographical
circumstances and government decisions, fostering nationalism
and hatred simultaneously, stunting Serbian development, and
twisting the nations point of view until it seemed the only option.
The Great War showed how powerful nationalism was
when manipulated by government. Slobodan Milosevic used this
same reasoning to pursue and justify genocide in Serbia during
the end of the 20th century,61 tracing grievances all the way back
to Ottoman rule. Although the Great War only lasted 4 years, it
projected the turmoil in Serbia across the rest of the region, ironi-
cally pushing back the Pan-Slavic movement by decades because
of unstable political conditions in the region with the breakup of
both the Austro-Hungarian and Ottoman Empires. The irony lay
in the idea that Serbia engaged in war in the hopes of pursuing
Pan-Slavism in the Balkan region. Ultimately, Pan-Slavism was
not achieved, nor did Serbia become any larger, instead it lost its
sovereignty to the combined province of Yugoslavia that emerged
after the war. The level of international involvement in the war
detracted from Serbias goal, by introducing both trench and
global warfare, which decimated the European landscape and
threw Pan-Slavism to the back of the European agenda. Had
the European alliance system not resulted in such a large-scale
THE CONCORD REVIEW 111
Endnotes
1
Charles Jelavich and Barbara Jelavich, The Establishment
of the Balkan National States: 1804-1920 (St. Louis: University of
Washington Press, 1977) p. 35 The Serbs were given certain
autonomous rights and the Russians arbitrated Turkish
movement out of the country.
2
Gabor Agosten and Bruce Alan Masters, Encyclopedia
of the Ottoman Empire (New York: Infobase Publishing, 2009)
pp. 518-519 The last Ottoman soldiers did not leave until
the year 1867, and Serbia only became fully recognized as an
independent entity in 1878, after the Congress of Berlin
3
John Cox. Revived Serbia: The Wars of Independence and the
Building of a New Country. The History of Serbia (Connecticut:
Greenwood Press, 2002) p. 40 Reference to David Mackenzie
4
Ibid., p. 43
5
Steven Sowards. Twenty-Five Lectures on Modern Balkan
History (East Lansing: Michigan State University, 1996)
http://staff.lib.msu.edu/sowards/balkan/Lecture No. 5
discusses the effects of the Homestead Acts, which banned the
subdivision of farms and protected peasants from usurers and
bankruptcies as well, angering the aristocracy.
6
Sowards, Lecture No. 5
7
Nationalism. 2015. In Merriam-Webster.com. Retrieved
February 26, 2015, from http://www.merriam-webster.com/
dictionary/nationalism. Nationalism in the simplest tense is
defined as loyalty and devotion to ones nation.
8
Cox, p. 49
9
Oskar Jszi. The Dissolution of the Habsburg Monarchy
(Chicago University Press, 1929) p. 28 Shows the partisanship
against the Serbs with the new Dual Monarchy.
10
David Stevenson. Cataclysm: The First World War as Political
Tragedy (New York: Basic, 2004) p. 174 The July Crisis refers
to the period after the assassination on June 28th when
the European alliance system was tested and the Austrian
ultimatum was delivered to Serbia. The constant rebellion
refers to Serbias rejection of the ultimatum terms and
continued aggression.
11
Rodolphe Archibald Reiss. The Kingdom of Serbia:
Infringements of the Rules and Laws of War Committed by the Austro-
Bulgaro-Germans; Letters of a Criminologist on the Macedonian Front
(London: University of Toronto, 1919) p. 64 This Herzegovina
uprising from 1852-1862 was the first of many. Led by Luka
THE CONCORD REVIEW 113
Bibliography
Cathy Wu
Americans and the world by crossing the 38th parallel with the
intention to conquer South Korea in three weeks and to integrate
the entire Korean Peninsula under the communist regime.1 This
attack, approved by the Soviet Union and Maos communist China,
occurred under all three countries assumption that the United
States and the United Nations would not intervene. Up to that time,
the U.S. had undertaken very limited involvement in protecting
South Korea and containing communism in Asia in general, for it
devoted most of its attention to communism in Europe.2 However,
as the communist countries had not expected, the attack actually
provoked a strong American response that foreshadowed many
of the U.S.s subsequent foreign affairs in the East. The outbreak
of the Korean War triggered the Truman administrations foreign
policy change from limited containment of communism in Asia
Security Council file on Korea reasoned that the U.S. should only
offer conditional support to South Koreahelp South Korea only
to the extent that existing resources would allow and not dedicate
itself to a full commitment from which it could not disengage.24
The U.S. governments choices regarding Korea resembled its
decisions in China and elsewhere in Asia, decisions that came
from the cautious government faction that was adverse to inter-
vention in Asia. As a consequence, without enough restraining
presence from foreign troops, the tension between the two parts
of Korea grew and opened up more possibility for aggression.25
During the period leading up to the Korean War, Asias
power dynamics shifted in favor of communism, causing Americans
to reconsider the significance of communist threat in Asia. By the
second half of 1949, the Soviet Union had successfully developed
an atomic bomb, ending the U.S. monopoly on nuclear weapons.
This new Soviet advantage reduced the American power to deter
Soviet expansion, as America was no longer the only country that
possessed the nuclear bomb. In October of the same year, the
Chinese Communist Party came to power. Moreover, the Soviet
Union united more closely with communist China in the 1950
Sino-Soviet Treaty of Friendship, Alliance, and Mutual Assistance,
signed after Truman and Acheson made their two aforementioned
statements. Unlike the 1945 Sino-Soviet Treaty between Stalin and
Chiang Kai-Shek, this treaty occurred between Stalin and Mao,
thus uniting two communist powers. The two parties promised to
protect each other against foreign threats, to not participate in
any alliances aimed against the other party, to consult each other
in issues regarding their common interests, and to strengthen
their economic cooperation.26 These terms implied that, if Maos
government were to invade Formosa or if the Soviet Union were to
support North Koreas plan to attack South Korea, then the U.S.
would have to face the combined forces of these two communist
countries in any attempt to intervene. In an America already con-
cerned about how its past actions might have allowed a communist
victory in China and motivated the Soviets to take more risks in
Korea and Southeast Asia, these new power shifts prompted some
people to question their governments current foreign policies.
126 Cathy Wu
neighbors, working together for the good of all. That is the goal
we seek not only for ourselves, but for all people.53 The U.S. felt
a heavier responsibility for the entire worlda sense of obligation
to protect not just Europe, but Asia and the rest of the globe as
well. Accordingly, since the start of the Korean War, it has more
actively countered gradual, piecemeal communist aggression in
the East. In all, the shift from Kennans containment policy to
the NSC-68 ideology indicated the drastic contrast between the
administrations prewar and postwar mindsets. Whereas the old
foreign policy was a Europe-centered, limited containment effort,
the new NSC-68 strategy consisted of more active prevention, and it
involved a lot of attention to Asia, Europe, and the world as a whole.
These policy changes enacted at the onset of the Korean
War not only applied to Asia during the period of the war, but
also significantly impacted subsequent U.S. foreign affairs around
the globe. Essentially, the NSC-68 ideologies embraced during the
war provided a basis for many later actions toward communism.
Between 1950 and 1953, the U.S. signed a series of defense and
peace treaties with Asian countries such as Japan, Korea, and
the Philippines to reinforce its position of power in Asia, and
many of these treaties last to the present day.54 During the entire
decade after the start of the war, the national security expenses
always stayed above 50 percent of the federal budget.55 In the
same decade, the U.S. also globalized its alliances that previously
stayed within Europe; it created the SEATO (Southeast Asia Treaty
Organization) to counter communism in Southeast Asia, and it
soon joined its Asian and European alliances in the Baghdad Pact,
which later became CENTO (Center Treaty Organization).56 Be-
sides strengthening its forces in Asia, the U.S. also permanently
stationed troops in Europe and worked toward integrating West
Germany into the North Atlantic Treaty Organization.57 Fur-
thermore, NSC-68 ideas provided the foundation for Americas
overall Cold War strategy in the ensuing years.58 When the U.S.
faced communist threat in places such as Cuba, Vietnam, and
Russia, it took preventive measures of eliminating or trying to
eliminate suspected pro-Soviet leaders.59 On the whole, this new
method of preventing potential communist development around
THE CONCORD REVIEW 133
the globe requires several times more effort and resources than
the old method of limited containment. Yet, as Truman informed
Americans, We know that the cost of freedom is high. But we are
determined to preserve our freedomno matter what the cost.60
Thus, lessons from the Korean War have justified extensive mili-
tary expenditures and international involvement up to this day.
Today, many might view the Korean War as a forgotten
war, perhaps because no borders changed as a result of the war,
and no considerable shift in power balance seemed to take place
immediately afterward. However, by showing the U.S. how far
the communist movement would go, this war was the crucial,
final nudge in a chain of policy reconsiderations in Washington,
prompting the implementation of NSC-68. Before the war, the
U.S. was new to its world leader position and in an experimental
stage of debating, forming, and testing new policies. Afterward,
Washington had reached a consensus on foreign policy against
communism; the leaders fully developed the overarching prin-
ciples and ideology for all future foreign affairs with Asian com-
munism and communism in general. Their revised approach
was stabilized, and it lasted through subsequent Democratic
and Republican presidencies alike. As a result of the new policy,
the U.S. became not just an active defender of the free world in
Europe, but a defender of Asia and the entire free world. There-
fore, the Korean War led to policy changes that had a lasting his-
torical impact; these changes raised the U.S. to the position of a
global power that leads the world through its strategy and actions.
134 Cathy Wu
Endnotes
1
David Halberstam, The Coldest Winter: America and the Cold
War (New York: Hyperion, 2007), 1.
2
Alice Lyman Miller and Richard Wich, Becoming Asia:
Change and Continuity in Asian World Relations Since World War II
(Stanford: Stanford University Press, 2011), 68-69.
3
Robert J. McMahon, The Cold War: A Very Short
Introduction, Very Short Introductions (New York, NY: Oxford
University Press, 2003), 22-24.
4
Ibid., 25.
5
Ukraine, in Encyclopaedia Britannica, http://ezproxy.
lawrenceville.org:2216/EBchecked/topic/612921/
Ukraine/30083/Soviet-Ukraine-in-the-postwar-
period?anchor=ref404626 (accessed July 5, 2015).
6
George F. Kennan, The Long Telegram, February
22, 1946, Harry S. Truman Library and Museum, https://www.
trumanlibrary.org/whistlestop/study_collections/coldwar/
documents/pdf/6-6.pdf (accessed July 2, 2015).
7
George F. Kennan, in Encyclopaedia Britannica, http://
ezproxy.lawrenceville.org:2216/EBchecked/topic/314760/
George-F-Kennan?anchor=ref251367 (accessed July 5, 2015).
8
John Lewis Gaddis, Strategies of Containment: A Critical
Appraisal of American National Security Policy during the Cold War
(New York: Oxford University Press, 1982), 30.
9
George F. Kennan, Address to the Academy of Political
Science, November 10, 1949, Box 1, Kennan Papers, Seeley
Mudd Library, Princeton.
10
McMahon, The Cold War: A Very Short Introduction. Very
Short Introductions. New York, NY: Oxford University Press,
2003. 28.
11
United States, in Encyclopaedia Britannica, http://
ezproxy.lawrenceville.org:2216/EBchecked/topic/616563/
United-States/77885/The-United-States-since-1945#ref613164
(accessed July 5, 2015).
12
McMahon, 33.
13
Marshall Mission, in Encyclopaedia Britannica, http://
ezproxy.lawrenceville.org:2216/EBchecked/topic/1574270/
Marshall-Mission (accessed July 5, 2015).
14
Thomas G. Patterson, Meeting the Communist Threat:
Truman to Reagan (New York: Oxford University Press, 1989),
55-56.
15
Ibid., 60.
THE CONCORD REVIEW 135
16
Ibid., 65.
17
Dean Acheson on United States Position in China,
August 5, 1949, Modern History Sourcebook, http://legacy.
fordham.edu/halsall/mod/1949-acheson-china.html
(accessed July 2, 2015).
18
Patterson, 70-71.
19
Harry S. Truman, The Presidents News Conference,
1950, in Harry S. Truman 1945-1953 (Washington D.C.:
United States Government Printing Office, 1950), http://
trumanlibrary.org/publicpapers/index.php?pid=574&st=&st1=
(accessed April 15, 2015).
20
Speech on the Far East, Central Intelligence Agency,
http://www.foia.cia.gov/sites/default/files/document_
conversions/44/1950-01-12.pdf (accessed April 21, 2015).
21
C. L. Sulzberger, U.S. Policy Makers Divide On Blocking
Soviet in Asia, New York Times, January 17, 1949.
22
Korean War, in Encyclopaedia Britannica, http://ezproxy.
lawrenceville.org:2216/EBchecked/topic/322419/Korean-
War (accessed July 5, 2015).
23
William Stueck, Korean War: An International History
(Princeton: Princeton University Press, 1995), 3.
24
A Report to the President by the National Security
Council on the Position of the United States with Respect to
Korea, April 2, 1948, Harry S. Truman Library and Museum,
http://www.trumanlibrary.org/whistlestop/study_collections/
koreanwar/documents/index.php?pagenumber=1&document
date=&documentid=kr-7-1 (accessed July 5, 2015).
25
Miller and Wich, 67.
26
Conclusion of the Sino-Soviet Treaty of Friendship,
Alliance and Mutual Assistance, Ministry of Foreign Affairs
of the Peoples Republic of China, http://www.fmprc.gov.cn/
mfa_eng/ziliao_665539/3602_665543/3604_665547/t18011.
shtml (accessed July 2, 2015).
27
Richard H. Immerman, John Foster Dulles: Piety,
Pragmatism, and Power in U.S. Foreign Policy (Wilmington, DE:
Scholarly Resources, 1999), 31.
28
John Foster Dulles, War or Peace (New York:
Harrap.1950), quoted in Immerman, John Foster Dulles,
(Wilmington, DE: Scholarly Resources, 1999), 31.
29
Gaddis, 88.
30
A Report to the National Security Council - NSC 68,
April 12, 1950, Harry S. Truman Library and Museum, https://
136 Cathy Wu
www.trumanlibrary.org/whistlestop/study_collections/
coldwar/documents/pdf/10-1.pdf (accessed July 2, 2015).
31
Hal Brands, What Good Is Grand Strategy?: Power and
Purpose in American Statecraft from Harry S. Truman to George W.
Bush (Ithaca, NY: Cornell University Press, 2014), 46.
32
A Report to the National Security Council - NSC 68.
33
Efstathios T. Fakiolas, Kennans Long Telegram and
NSC-68: A Comparative Theoretical Analysis. (George Kennan,
National Security Council Memorandum), East European
Quarterly 31, no. 4 (January 1, 1998).
34
Miller and Wich, 104.
35
S. Nelson Drew, ed., NSC-68: Forging the Strategy of
Containment with Analyses by Paul H. Nitze (Washington D.C.:
National Defense University Press, 1996), 3.
36
Gaddis, 99.
37
Ibid., 113.
38
Drew, 3.
39
Miller and Wich, 104.
40
Ibid., 68-69.
41
William Stueck, Rethinking the Korean War: A New
Diplomatic and Strategic History (Princeton: Princeton University
Press, 2002), 214-215.
42
Harry S. Truman, Statement by the President on the
Situation in Korea, 1950, in Harry S. Truman 1945-1953
(Washington D.C.: United States Government Printing
Office, 1950), http://www.trumanlibrary.org/publicpapers/
viewpapers.php?pid=800 (accessed April 15, 2015).
43
Immerman, 30.
44
Neal H. Petersen et al., eds., Volume VI, East Asia
and the Pacific, 1950, Foreign Relations of the United
States (Washington D.C.: U.S. Government Printing
Office, 1976), Document 183, https://history.state.gov/
historicaldocuments/frus1950v06/d183 (accessed July 2,
2015).
45
Truman, Statement by the President on the Situation in
Korea.
46
Gaddis, 109.
47
Ibid., 113.
48
Harry S. Truman, Radio and Television Report to
the American People on the Situation in Korea, 1950, in
Harry S. Truman 1945-1953 (Washington D.C.: United States
Government Printing Office, 1950), http://trumanlibrary.
THE CONCORD REVIEW 137
org/publicpapers/index.php?pid=861&st=&st1= (accessed
April 15, 2015).
49
Ibid.
50
Ibid.
51
Ibid.
52
Patterson, 41-42.
53
Truman, Radio and Television Report to the American
People on the Situation in Korea.
54
U.S. Strategic and Defense Relationships in the Asia-
Pacific Region, Doc. (2007).
55
Chester J. Pach, Korea, Impact of, in U.S. History
in Context, ed. John P. Resch (Detroit: Macmillan
Reference, 2005), http://ic.galegroup.com/ic/uhic/
ReferenceDetailsPage/ReferenceDetailsWindow?failOverType
=&query=&prodId=UHIC&windowstate=normal&contentMod
ules=&display-query=&mode=view&displayGroupName=Refer
ence&limiter=&u=lawr21149&currPage=&disableHighlighting
=false&displayGroups=&sortBy=&source=&search_within_resu
lts=&p=UHIC%3AWHIC&action=e&catId=&activityType=&sca
nId=&documentId=GALE%7CCX3427300384 (accessed April
15, 2015).
56
Miller and Wich, 103.
57
Pach.
58
Gordon R. Mitchell and Robert P. Newman, By Any
Measures Necessary: NSC-68 and the Cold War Roots of the
2002 National Security Strategy (working paper, University of
Pittsburgh, Pittsburgh, PA, May 2006), 1.
59
Ibid., 6-7.
60
Truman, Radio and Television Address to the American
People on the Situation in Korea.
138 Cathy Wu
Bibliography
Brands, Hal. What Good Is Grand Strategy?: Power and Purpose
in American Statecraft from Harry S. Truman to George W. Bush.
Ithaca, NY: Cornell University Press, 2014.
Central Intelligence Agency. Speech on the Far East.
Central Intelligence Agency. http://www.foia.cia.gov/sites/
default/files/document_conversions/44/1950-01-12.pdf
(accessed April 21, 2015).
Digital History. Digital History. http://www.digitalhistory.
uh.edu/index.cfm (accessed July 5, 2015).
Drew, S. Nelson, ed. NSC-68: Forging the Strategy of
Containment with Analyses by Paul H. Nitze. Washington D.C.:
National Defense University Press, 1996.
Dulles, John Foster. War or Peace, New York: Harrap,1950.
Fakiolas, Efstathios T. Kennans Long Telegram and NSC-
68: A Comparative Theoretical Analysis. (George Kennan,
National Security Council Memorandum). East European
Quarterly 31, no. 4 (January 1, 1998).
Gaddis, John Lewis. Strategies of Containment: A Critical
Appraisal of American National Security Policy during the Cold War.
New York: Oxford University Press, 1982.
George F. Kennan. In Encyclopaedia Britannica. http://
ezproxy.lawrenceville.org:2216/EBchecked/topic/314760/
George-F-Kennan?anchor=ref251367 (accessed July 5, 2015).
Halberstam, David. The Coldest Winter: America and the Cold
War. New York: Hyperion, 2007.
Harry S. Truman Library and Museum. United States
Government Printing Office. http://www.trumanlibrary.org
(accessed July 5, 2015).
Immerman, Richard H. John Foster Dulles: Piety, Pragmatism,
and Power in U.S. Foreign Policy. Wilmington, DE: Scholarly
Resources, 1999.
Kennan, George F. Address to the Academy of Political
Science. November 10, 1949. Box 1. Kennan Papers. Seeley
Mudd Library, Princeton.
Korean War. In Encyclopaedia Britannica. http://ezproxy.
lawrenceville.org:2216/EBchecked/topic/322419/Korean-War
(accessed July 5, 2015).
Marshall Mission. In Encyclopaedia Britannica. http://
ezproxy.lawrenceville.org:2216/EBchecked/topic/1574270/
Marshall-Mission (accessed July 5, 2015).
THE CONCORD REVIEW 139
Matthew Waltman
escort the boat back to Japan, while at the same time declaring
that it was the true owner of Dokdo.26
This incident was not the last time Japan would try to as-
sert its sovereignty over Dokdo. In 2005, the Shimane Prefecture
adopted an ordinance to recognize February 22nd as Takeshima
Day to commemorate the 100th anniversary of Japans annexa-
tion of Dokdo.27 The local officials established the event because
they believed the national government was failing to educate its
citizens sufficiently about Japans territorial claim.28 South Korea
responded to the Takeshima Day ordinance with violent demon-
strations. One man set himself on fire in front of the Japanese
embassy and an elderly woman and her son cut off their fingers
to protest Japans resurgent imperialism.29 The Japanese ambas-
sador to South Korean escalated tensions when he told the press
that he did not understand why Korea was so upset, since, after
all, the islands belonged to Japan.30
In 2008, this diplomatic rift deepened when Japan referred
to Dokdo as its territory in a Japanese teaching guide for middle
school students. In response, the South Korean government
temporarily recalled its ambassador from Japan and its citizens
launched anti-Japanese protests. One group of angry protestors
expressed their outrage by decapitating pheasants, the national
bird of Japan, in front of the Japanese embassy in Seoul.31 In a
rare act of solidarity, North Korea weighed in on the side of South
Korea, and stated that all Koreans, with a united force, should
squash [the Japanese] attempt to steal Dokdo.32
However, Japan has not been the sole instigator of trouble
when it comes to Dokdo. In August 2012, Lee Myung-bak became
the first South Korean president to visit Dokdo. Shortly afterwards,
he announced that if the Japanese emperor ever intended to visit
South Korea, he should first apologize for Japans colonial atroci-
ties.33 These actions ignited a firestorm of controversy in Japan. To
many Japanese, Lees visit to Dokdo was seen as an unnecessary
provocation and his comments about the emperor offensive.34
The tension between South Korea and Japan over Dodko
has created something of a conundrum for the United States as
THE CONCORD REVIEW 147
Endnotes
1
Since this paper was written for the Sejong Korean
Scholars Program, the islands will be referred to herein by
their Korean name, Dokdo.
2
Mark S. Lovmo, The Territorial Dispute over Dokdo,
Dokdo-research.com, http://dokdo-research.com/page4.html
(accessed October 14, 2014).
3
Mark Selden, Small Islets, Enduring Conflict: Dokdo,
Korea-Japan Colonial Legacy and the United States, Asia-
Pacific Journal: Japan Focus 16 (2011), http://www.japanfocus.
org/-Mark-Selden/3520 (accessed October 13, 2014).
4
Ashley Rowland, Hana Kusumoto, and Yoo Kyong Chang,
Claimed by Both Seoul and Tokyo, a Tiny Island Outcropping
Stirs Nationalistic Fervor, Stars and Stripes, February 27, 2014,
http://www.stripes.com/claimed-by-both-seoul-and-tokyo-tiny-
island-outcroppings-stir-nationalist-fervor-1.269934 (accessed
October 25, 2014).
5
Selden, Small Islets.
6
Michael J. Seth, A Concise History of Modern Korea
(Lanham, MD: Rowman & Littlefield, 2010), 33.
7
Michael A. McDevitt and Dmitry Gorenburg, The Long
Littoral Project: Sea of Japan (Alexandria, VA: CNA, 2013), 15,
https://www.cna.org/research/2013/long-littoral-project-sea-
japan (accessed November 1, 2014).
8
Selden, Small Islets.
9
Sean Fern, Tokdo or Takeshima? The International Law
of Territorial Acquisition in the Japan-Korea Island Dispute,
Stanford Journal of International Law 5, no.1 (2005), 85, http://
web.stanford.edu/group/sjeaa/journal51/japan2.pdf
(accessed October 15, 2014).
10
Quoted in Lovmo, Territorial Dispute.
11
Kimie Hara, 50 Years from San Francisco: Re-Examining
the Peace Treaty and Japans Territorial Problems, Pacific
Affairs 74, no. 3 (2001), 369, www.jstor.org/stable/3557753
(accessed October 15, 2014).
12
Fern, Tokdo, 80.
13
Selden, Small Islets.
14
Seokwoo Lee, and Jon M. Van Dyke, The 1951 San
Francisco Peace Treaty and its Relevance to Sovereignty
over Dokdo, Chinese Journal of International Law 9, no. 4
(2010), 751-752, http://chinesejil.oxfordjournals.org/
content/9/4/741 (accessed October 25, 2014).
152 Matthew Waltman
15
Fern, Tokdo, 80.
16
Lee and Van Dyke, San Francisco Peace Treaty, 753.
17
Selden, Small Islets.
18
Fern, Tokdo, 80.
19
Japan, Ministry of Foreign Affairs of Japan, Takeshima,
Ministry of Foreign Affairs of Japan (2004), http://www.mofa.
go.jp/region/asia-paci/takeshima/ (accessed October 14,
2014).
20
Ibid.
21
Jeffrey Hays, South Korea and Japan Dispute over the
Takeshima/Dokdo Islands and Japan Sea Name, Facts and
Details (January 2013), http://factsanddetails.com/japan/
cat22/sub149/item2922.html (accessed November 1, 2014).
22
McDevitt and Gorenburg, Long Littoral Project, 15.
23
Garrett Bowman, Why Now is the Time to Resolve
the Dokdo/Takeshima Dispute, Case Western Journal of
International Law 46, nos. 1 and 2 (2013), 440, http://law.case.
edu/journals/JIL/Documents/46CaseWResJIntlL1.20.Article.
Bowman.Digital.pdf (accessed October 25, 2014).
24
Choe Sang-Hun, Fight Over Rocky Islets Opens Old
Wounds between South Korea and Japan, New York Times,
October 4, 2012, http://www.nytimes.com/2012/10/05/
world/asia/south-korea-and-japan-fight-over-rocky-islets.
html?_r=0 (accessed October 16, 2014).
25
Fern, Tokdo, 87.
26
Alexis Dudden, Troubled Apologies (New York: Columbia
University Press, 2008), 2.
27
Ibid., 2-3.
28
Rowland, Kusumoto, and Chang, Claimed by Both Seoul
and Tokyo.
29
Bowman, Now is the Time, 434.
30
Dudden, Troubled Apologies, 3.
31
Hays, South Korea.
32
Jonathan Berkshire Miller, Dokdo Still Limits Tokyo
and Seouls Strategic Rapproachment, East Asia Forum 31
(March 2012), http://www.eastasiaforum.org/2012/03/31/
dokdo-still-limits-tokyo-and-seoul-s-strategic-rapprochement/
(accessed December 1, 2014).
33
Hays, South Korea; McDevitt and Gorenburg, Long
Littoral Project, 20.
34
Rowland, Kusumoto, and Chang, Claimed by Both Seoul
and Tokyo.
35
Lovmo, Territorial Dispute.
THE CONCORD REVIEW 153
36
Daniel Sneider, The U.S. Can Facilitate Healing
between Japan and South Korea, Washington Post, October
31, 2013, http://www.washingtonpost.com/opinions/daniel-
sneider-the-us-can-facilitate-healing-between-japan-and-south-
korea/2013/10/31/d4db3d84-40b3-11e3-a751-f032898f2dbc_
story.html (accessed November 1, 2014).
37
Selden, Small Islets.
38
McDevitt and Gorenburg, Long Littoral Project, 2.
39
Benjamin K. Sibbett, Tokdo or Takeshima? The
Territorial Dispute between Japan and the Republic of
Korea, Fordham International Law Journal 21, no. 4 (1998),
1606-1607, http://ir.lawnet.fordham.edu/cgi/viewcontent.
cgi?article=1573&context=ilj (accessed October 25, 2014).
40
Fern, Tokdo, 81.
41
Ibid., 88.
42
Rowland, Kusumoto, and Chang, Claimed by Both Seoul
and Tokyo.
43
Bowman, Now is the Time, 434.
44
McDevitt and Gorenburg, Long Littoral Project, 21.
45
Ibid.
46
Mari Yamaguchi, Japan to Teach Territorial Claims in
Schools, San Diego Union Tribune, January 27, 2014, http://
www.utsandiego.com/news/2014/jan/27/japan-to-step-up-
education-on-territorial-claim/ (accessed November 1, 2014).
47
Bowman, Now is the Time, 449.
48
Park and Chubb, South Korea and Japan.
49
Bowman, Now is the Time, 451.
50
Emma Chanlett-Avery, An Island Strategy for Japan, in
Challenges Facing Japan. (Washington, D.C.: Maureen and Mike
Mansfield Foundation, 2014), 22, http://mansfieldfdn.org/
mfdn2011/wp-content/uploads/2014/07/NFF_revised_v1.pdf
(accessed October 14, 2014).
51
Bowman, Now is the Time, 457.
52
Ibid., 442.
53
Japans Territorial Disputes, SPICE, Stanford Program
on International and Cross-Cultural Education (July 2005),
http://spice.fsi.stanford.edu/docs/japans_territorial_disputes
(accessed December 1, 2014).
54
Bowman, Now is the Time, 444.
55
Jane Perlez, China and Japan, in Sign of a Thaw, Agree
to Disagree on a Disputed Island Group, New York Times,
November 8, 2014, p. A6.
154 Matthew Waltman
56
Martin Fackler, Japans Right, Rewriting War, Attacks
Newspaper, New York Times, December 3, 2014, p. A1.
Bibliography
762. http://chinesejil.oxfordjournals.org/content/9/4/741
(accessed October 25, 2014).
Lovmo, Mark S. The Territorial Dispute over Dokdo.
Dokdo-research.com. http://dokdo-research.com/page4.html
(accessed October 14, 2014).
McDevitt, Michael A., and Dmitry Gorenburg. The Long
Littoral Project: Sea of Japan. Alexandria, VA: CNA, 2013: 1-41.
https://www.cna.org/research/2013/long-littoral-project-sea-
japan (accessed November 1, 2014).
Miller, Jonathan Berkshire. Dokdo Still Limits Tokyo and
Seouls Strategic Rapproachment. East Asia Forum. March 31,
2012. http://www.eastasiaforum.org/2012/03/31/dokdo-still-
limits-tokyo-and-seoul-s-strategic-rapprochement/ (accessed
December 1, 2014).
Park, Dong-Joon, and Danielle Chubb. South Korea
and Japan: Disputes over the Dokdo/Takeshima Islands.
East Asia Forum. August 17, 2011. http://www.eastasiaforum.
org/2011/08/17/south-korea-and-japan-disputes-over-the-
dokdotakeshima-islands/ (accessed October 14, 2014).
Perlez, Jane. China and Japan, in Sign of a Thaw, Agree
to Disagree on a Disputed Island Group. New York Times.
November 8, 2014: A.6.
Rowland, Ashley, Hana Kusumoto, and Yoo Kyong Chang.
Claimed by Both Seoul and Tokyo, a Tiny Island Outcropping
Stirs Nationalistic Fervor. Stars and Stripes. February 27, 2014.
http://www.stripes.com/claimed-by-both-seoul-and-tokyo-tiny-
island-outcroppings-stir-nationalist-fervor-1.269934 (accessed
October 25, 2014).
Sang-Hun, Choe. Fight Over Rocky Islets Opens Old
Wounds Between South Korea and Japan. New York Times.
October 4, 2012. http://www.nytimes.com/2012/10/05/
world/asia/south-korea-and-japan-fight-over-rocky-islets.html?_
r=0 (accessed October 16, 2014).
Selden, Mark. Small Islets, Enduring Conflict: Dokdo,
Korea-Japan Colonial Legacy and the United States. Asia-
Pacific Journal: Japan Focus 16 (2011). http://www.japanfocus.
org/-Mark-Selden/3520 (accessed October 13, 2014).
Seth, Michael J. A Concise History of Modern Korea. Lanham,
MD: Rowman & Littlefield, 2010.
Sibbett, Benjamin K. Tokdo or Takeshima? The
Territorial Dispute between Japan and the Republic of
Korea. Fordham International Law Journal 21, no. 4 (1998):
156 Matthew Waltman
1606-1646. http://ir.lawnet.fordham.edu/cgi/viewcontent.
cgi?article=1573&context=ilj (accessed October 25, 2014).
Sneider, Daniel. The U.S. Can Facilitate Healing Between
Japan and South Korea. Washington Post. October 31, 2013.
http://www.washingtonpost.com/opinions/daniel-sneider-
the-us-can-facilitate-healing-between-japan-and-south-
korea/2013/10/31/d4db3d84-40b3-11e3-a751-f032898f2dbc_
story.html (accessed November 1, 2014).
Yamaguchi, Mari. Japan to Teach Territorial Claims in
Schools. San Diego Union Tribune. January 27, 2014. http://
www.utsandiego.com/news/2014/jan/27/japan-to-step-up-
education-on-territorial-claim/ (accessed November 1, 2014).
Copyright 2016, The Concord Review, Inc., all rights reserved
Daniel H. Wang
not bring themselves to wage war against the states to which they
belonged. However, this period also saw five technically southern
states abandon their southern sisters and remain in the Union.
Perhaps most significant of these five was the state of Missouri. The
issue of slavery had been critical in Missouri through much of its
history. For example, the Missouri Compromise of 1820 was passed
to resolve a dispute over slavery in Missouri, the famous Dredd
Scott case was initially handled by Missouri Courts, and Border
Ruffians based in Missouri sallied across the border into Kansas
during the Bleeding Kansas period. However, despite its status as
a large, slaveholding, southern state, Missouri remained within the
Union as the other large, slaveholding, southern states seceded.
This raises a couple of questions. First, one must question
Missouris significance. Why was Missouri important in the 1860s?
Why were both North and South eager to win the allegiance of
Missouri? And second, why did Missouri remain in the Union
when all the other southern states had already left?
To understand Missouris significance in the 1860s, one
must consider these three factors: population, military supplies,
and geography.
Given that manpower was one of the Unions greatest
strengths and one of the Confederacys greatest weaknesses, the
population of the various states was a key factor when comparing
their relative importance.1 Based on the census of 1860, Missouri
was an extremely valuable state because it had a large population.
The total population in Missouri at the time of the 1860 census
was recorded as 1,182,012 people of whom 114,931 were slaves.2
This left a total free population of 1,067,081 people. To put this
number into perspective, Missouri had a larger population than
every southern state except Virginia, which had a free popula-
tion of 1,105,453, according to the census. Considering that the
population of Missouri was approximately equivalent to 22% of
the entire Confederacys population of 4,784,984, if Missouri had
joined the Confederacy, the Southern population would have
increased significantly. While this number was still dwarfed by
the population of the Union at over 20 million, a loss or gain of
THE CONCORD REVIEW 159
tary intervention played a role, this paper will look for evidence of
military action aimed at seizing control of Missouri and suppressing
secessionist sentiment before Missouri had the chance to secede.
Public opinion in Missouri was very divided in late 1860
and early 1861. In January 1861, Missouri swore in Claiborne Fox
Jackson as their new governor.20 Jackson was staunchly pro-slavery
and pro-secession.21 In the gubernatorial election of 1860, Jack-
son defeated his nearest competitor by more than 10,000 votes,
showing that the majority of the public supported him.22 However,
this in itself was not a sufficient indication of the publics opinion
regarding secession from the Union because, while Jackson had
a reputation as a secessionist, on the campaign trail he took a
stance in favor of the Union in order to appeal to the unionist
portion of the electorate.23 In fact, his platform while campaign-
ing was essentially that, as long as states rights were respected,
Missouri would remain in the Union. Because Jackson only took
a strong secessionist stance after the election and inauguration
of Lincoln to the Presidency, it is entirely possible that he drew a
significant portion of his support from unionists.24 Thus, while it
is tempting to take the election results as proof of pro-secession
public opinion, the results are less simple. A further indication
that a majority of Missourians may have in fact been in favor of
remaining in the Union was, when Missouri voters elected a state
convention to determine whether Missouri would secede, the
convention was entirely composed of delegates with strong union-
ist outlooks, indicating perhaps that the people of Missouri really
did not want to secede.25
An edition of the Daily Missouri Republican dating from
the first of January in 1861 provided an example similar to that
of Governor Jacksons election. On the front page, there is a long
special report from Brigadier General D. M. Frost, describing
his recent expedition into Kansas in order to bring order to the
border.26 He said, In order to carry out the spirit of...Excellencys
instructions...to repel invasion...restore peace to the border, it
would be necessary to leave a considerable force in the district, until
such time as the confidence...our own people could be restored,
THE CONCORD REVIEW 163
while very may who have favored it are, doubtless, loyal citizens, it
is , nevertheless, very injurious in effect59 This statement showed
what Lincolns position on any possible secession was. He showed
here that his goal was one Union at any cost. There was no solution
or compromise for him on the issue, which meant that retaining
control of Missouri along with the other Border States would be
imperative. Important to keep in mind however, is the fact that
the overall statement was meant to advocate pursuing more ag-
gressive military actions against states in open insurrection. In
this statement, Lincoln was not proposing any political maneuvers
or deals that would serve to keep Missouri and the other Border
States in the Union.60 He was proposing increasing the scale of
military actions to rapidly suppress insurrection. Thus, it is safe to
conclude that the Union did not offer Missouri a better deal than
the Confederacy; in fact, the reverse appears to be true. However,
despite the fact that the government of Missouri not only received
a superior offer from the Confederacy but also ignored the federal
governments threats, Missouri remained within the Union. This
indicated that while political maneuvers were employed, nothing
major was decided by cutting deals one way or the other.
Seeing as neither political maneuvering nor public opinion
could be credited with keeping Missouri in the Union, we must
now turn to military actions and intervention on the part of both
the federal and confederate governments.
After Lincolns election in 1860, both unionist and seces-
sionist groups began rapidly arming themselves and preparing
for combat.61 Unionists formed underground organizations and
conducted drills in secret while secessionists had the option of
joining the pro-secession state militia.62 As both sides began to
form militant organizations, tensions steadily mounted. It soon
became clear to the unionists that the militia intended to seize the
St. Louis Arsenal, so they urgently requested that the War Depart-
ment send some form of reinforcement. 63 The War Department
sent Captain Nathaniel Lyon at the head of a small contingent of
United States Army regulars in order to reinforce the depleted
garrison of the St. Louis Arsenal.64
170 Daniel H. Wang
to muster more than 4,000 recruits, all but one hundred of them
German, into his new army.79 After arming all his men, Lyon com-
pleted the task he had been set to do, defend the St. Louis Arsenal.
He spread a rumor through St. Louis that he would be sending
the weapons away by trolley car.80 The militia men ambushed the
trolley cars only to find rusty out-of-date weaponry from the reserve
rooms of the Arsenal while 25,000 brand new rifle-muskets and
carbines were taken away by steamship.81 With the supplies of the
Arsenal saved, Lyon had a numerical and strategic advantage over
the state militia; however, Lyons hands were tied in that he had
no legitimate reason to assault the militia encampment. 82 After
all, Missouri technically was not an enemy of the United States
because they had not joined the Confederacy.83
In early May, this opportunity was finally afforded to Lyon
when the Confederacy made a blunder. The government of the
Confederacy, eager to pull Missouri into the fold, sent a secret
shipment of weapons to the local militia.84 However, because the
shipment had to be unloaded from the steamship by longboat and
many of the longboat rowers were Germans, as soon as the ship-
ment arrived, Lyon knew about it.85 Just to verify that the militia
had indeed received a shipment of weapons Lyon disguised him-
self as an old lady and rode a coach into the militia encampment
pretending to be delivering food to a nephew.86 Having verified
that the militia had indeed received weapons, on the 10th of May,
Lyon led his yet untested and poorly trained army through the
streets of St. Louis to surround Camp Jackson, demanding the
surrender of the state militia that was encamped there.87 This
event sparked riots in the streets, but Lyon was quickly able to
quell these riots and move on with his plans to seize control of
Missouri.88 After the incident at Camp Jackson, Governor Jackson
met with Lyon to try to negotiate some sort of a truce; however,
these negotiations failed and no understanding was reached.89
Jackson then summoned the remaining state militia to his side and
began retreating into central Missouri with Lyon pursuing him.90
After a series of battles, the Confederacy made one last
desperate bid for Missouri by sending the newly formed Western
172 Daniel H. Wang
Endnotes
1
The Union had a free population in excess of 22 million
while the Confederacy had a free population of just 4.8
million.
2
Results from the 1860 Census, chart, The Civil War
Home Page, accessed August 26, 2015, http://www.civil-war.
net/pages/1860_census.html.
3
Ibid.
4
Adam Goodheart, Civil Warfare in the Streets: After Fort
Sumter, German Immigrants in St. Louis Flocked to the Union
Cause and in Bloody Confrontations Overthrew the Local
Secessionists, American Scholar 80, no. 2 (2011): 22.
5
Christine M. Kreiser, Missouri Mayhem, Americas Civil
War 26, no. 3 (2013): 59.
6
Goodheart, Civil Warfare in the Streets, 25.
7
Ibid., 25.
8
Ibid., 23.
9
Ibid., 23.
10
Ibid., 21.
11
Ibid., 20.
12
Sam Smith, The River War, Civil War Trust, accessed
August 25, 2015, http://www.civilwar.org/education/history/
navy-hub/navy-history/the-river-war.html?referrer=https://
www.google.com.tw/?referrer=http://www.civilwar.org/
education/history/navy-hub/navy-history/the-river-war.html.
13
Ibid.
14
Ibid.
15
Ibid.
16
Ibid.
17
Sun Tzu, The Art of War, ed. Dallas Galvin, trans. Lionel
Giles (New York, USA: Barnes & Noble Classics, 2003), 49.
18
Smith, The River War, Civil War Trust.
19
Ibid.
20
Claiborne Fox Jackson, Historic Missourians, accessed
April 26, 2015, http://shs.umsystem.edu/historicmissourians/
name/j/jackson/.
21
Inaugural Address, photograph, Historic Missourians,
accessed April 26, 2015, http://shs.umsystem.edu/
historicmissourians/name/j/jackson/.
22
Ibid.
23
Claiborne Fox Jackson, Historic Missourians.
24
Ibid.
176 Daniel H. Wang
25
Ibid.
26
The Republican, Daily Missouri Republican (St. Louis,
MO), January 1, 1861,1.
27
Ibid., 1.
28
Ibid., 1.
29
Ibid., 1.
30
James Montgomery Raids Fort Scott, Civil War on
the Western Border, accessed August 25, 2015, http://www.
civilwaronthewesternborder.org/timeline/james-montgomery-
raids-fort-scott.
31
The Republican, 1.
32
Farmer, From Cape Girardeau County, Daily Missouri
Republican (St. Louis, MO), January 1, 1861, 1.
33
Ibid., 1.
34
Ibid., 1.
35
Ibid., 1.
36
Ibid., 1.
37
Ibid., 1.
38
Ibid., 1.
39
Goodheart, Civil Warfare in the Streets, 22.
40
Ibid., 22.
41
Ibid., 22.
42
Name for people who had immigrated to the U.S. to flee
the aftermath of the democratic revolts in Europe in 1848.
43
Goodheart, Civil Warfare in the Streets, 23.
44
The 1860 Election in Missouri, The 1860 Election in
Missouri, http://www.missouridivision-scv.org/election.htm.
45
1860, Harp Week, accessed August 26, 2015, http://
elections.harpweek.com/1860/Overview-1860-2.htm.
46
Ibid.
47
Goodheart, Civil Warfare in the Streets, 23.
48
Ibid., 23.
49
Ibid., 23.
50
Claiborne Fox Jackson to Abraham Lincoln, April 17,
1861.
51
Ibid.
52
S. Doc. No. 234, 58th Congress, 2nd sess.
53
Ibid.
54
Ibid.
55
Ibid.
56
Ibid.
57
Ibid.
58
U.S. House Journal 36th Cong., 1st sess., 5 July 1861
THE CONCORD REVIEW 177
59
Ibid.
60
Ibid.
61
Goodheart, Civil Warfare in the Streets, 23.
62
Ibid., 23.
63
Significance of the Arsenal will be discussed later in this
paper
64
Nathaniel Lyon, Historic Missourians, accessed April
26, 2015, http://shs.umsystem.edu/historicmissourians/
name/l/lyon/index.html.
65
Ibid.
66
Ibid.
67
Ibid.
68
Ibid.
69
Ibid.
70
Ibid.
71
Ibid.
72
Goodheart, Civil Warfare in the Streets, 24.
73
Ibid, 24.
74
Blue Laws are laws that were designed to restrict/
ban certain activities on Sundays for religious purposes.
For example, it was illegal to attend plays or sell alcohol on
Sundays.
75
Goodheart, Civil Warfare in the Streets, 25.
76
Ibid., 25.
77
Ibid., 26
78
Ibid., 26
79
Ibid., 26
80
Ibid., 26.
81
Ibid., 26
82
Ibid., 26
83
Ibid., 28
84
Ibid., 27.
85
Ibid., 27.
86
Ibid., 28.
87
Ibid., 29.
88
Ibid., 30.
89
Claiborne Fox Jackson, Historic Missourians.
90
Ibid.
91
Kreiser, Missouri Mayhem, 56.
92
Ibid., 56.
93
The Battle of Wilsons Creek. Civil War Trust. (accessed
August 25, 2015). http://www.civilwar.org/battlefields/wilson-
s-creek.html?referrer=https://www.google.com.tw/.
178 Daniel H. Wang
94
Ibid.
95
Ibid.
96
Goodheart, Civil Warfare in the Streets, 32.
97
Nathaniel Lyon was promoted to the rank of general
following the Camp Jackson incident.
98
Matthew C. Hulbert, How to Remember This Damnable
Guerrilla Warfare, Civil War History 59, no. 2 (2013): 143.
Bibliography:
Results from the 1860 Census. Chart. The Civil War Home
Page. Accessed August 26, 2015. http://www.civil-war.net/
pages/1860_census.html.
Smith, Sam. The River War. Civil War Trust. Accessed
August 25, 2015. http://www.civilwar.org/education/history/
navy-hub/navy-history/the-river-war.html?referrer=https://
www.google.com.tw/?referrer=http://www.civilwar.org/
education/history/navy-hub/navy-history/the-river-war.html.
State Historical Society of Missouri. Claiborne Fox
Jackson. Historic Missourians. Accessed April 26, 2015. http://
shs.umsystem.edu/historicmissourians/name/j/jackson/.
State Historic Society of Missouri. Nathaniel Lyon.
Historic Missourians. Accessed April 26, 2015. http://shs.
umsystem.edu/historicmissourians/name/l/lyon/index.html.
Tzu, Sun. The Art of War. Edited by Dallas Galvin. Translated
by Lionel Giles. New York, USA: Barnes & Noble Classics, 2003.
180 Daniel H. Wang
Owen Tedford
Introduction
Historiography
The first contribution to the historiography of the Battle of
Gettysburg came from John Bachelder. Bachelder began his work
when he followed the Union Army after the battle, interviewing
officers as well as privates.5 From these interviews, Bachelder cre-
ated a map of the battle, published between 1864 and 1866, which
is widely considered to be the most accurate map of the battle
after several Gettysburg corps commanders verified its accuracy.6
Bachelders work has been saved in a collection, which includes
his correspondence with commanders on both sides of the battle,
and is currently on display at the New Hampshire Historical So-
ciety. In 1880 Congress paid Bachelder fifty thousand dollars to
create an authoritative, written account of the battle.7 However,
instead of using his own work, Bachelder chose to use The War of
the Rebellion: a Compilation of the Official Records of the Union and Con-
federate Armies, a collection of the after-battle reports, to write the
account. At the time it was met with widespread disappointment;
the accounts reception was so poor that the War Department
chose not to publish his work.8 This decision of not using his cor-
respondence had the unintended consequence of concealing the
letters for almost a century. The historian who unearthed them
became one of the most admired for his influential work on the
Battle of Gettysburg.9
1968 marked the next major contribution to the study
of the battle, as it was the year that Edwin B. Coddingtons work,
The Gettysburg Campaign: A Study in Command, was published. In
THE CONCORD REVIEW 183
his work Coddington put forth his belief that Meade only saved
the battle because of his ability to move troops around, but this
movement caused the expenditure of a great number of men,
with most brigades sustaining thirty to forty percent casualties.10
Coddingtons work was compelling due to both its comprehensive
nature and, more significantly, its use of Bachelders collection.
Coddingtons work was the first comprehensive study of the entire
Gettysburg Campaign, which began after the Battle of Chancel-
lorsville and concluded with the Confederate retreat across the
Potomac. To this day, Coddingtons work is considered to be the
bible for any serious student of the campaign and has not been
eclipsed despite the continual discovery of new primary sources.11
The second reason that Coddingtons work is of such great sig-
nificance is because he was the first to use Bachelders work as a
major resource. The use of Bachelders correspondence added
a new depth to Coddingtons book. Because of the insight that
Coddingtons work achieved, Bachelders work was brought back
to the canon of Gettysburg literature. Therefore, Coddingtons use
of Bachelders correspondence was significant for both Bachelder
and Coddington. Had Coddington not used Bachelders letters,
then neither of those historians would be remembered as signifi-
cantly as they are now. But, because Coddington wrote the first
comprehensive study of the Gettysburg campaign and he was the
first to use Bachelders correspondence, he will be remembered.
The most recent important contribution to Gettysburg
historiography came from Harry Pfanz who wrote a trilogy of books
dedicated to the battle titled GettysburgThe Second Day (1987),
GettysburgCulps Hill and Cemetery Hill (1993), and Gettysburg
The First Day (2001). Pfanzs work is noteworthy for his extensive
use of primary sources, which included a number of diaries and
regimental histories that had rarely been used beforehand. Like
Coddington, Pfanz again brought a new level of detail to histo-
riography on the Battle of Gettysburg. Pfanzs work also has a
special significance because of his service as a lieutenant in the
field artillery during World War II, which largely influenced his
analyses.12 His service gave Pfanz a perspective that many histori-
ans of the Battle of Gettysburg lack and explained the emphasis
184 Owen Tedford
that Pfanz placed on the role artillery played in the battle where
other historians consider its use more as an afterthought. As for
Pfanzs thesis regarding the second day of battle at Gettysburg,
he believes that the [Confederate attack] broke down when
Wrights brigade was pushed off of Cemetery Ridge due to a lack
of support.13 Pfanz also served as the Chief Historian at the Get-
tysburg National Park for ten years, and many of the resources
that he used have been collected at the Gettysburg National Parks
library for display in Pfanzs name. The legacy that he left behind
will make it easier for future historians to access many of the rare
primary sources that Pfanz used.
Background
At the close of battle on July 1st, the Union held a strong
position to the south of the town of Gettysburgthey camped at
a position centered on Cemetery Hill and Culps Hill with more
than twenty-seven thousand troops from the First, Second, and
Eleventh Corps.14 This position was where the Union had fallen
back to after losing Oak Ridge to the northwest of the town ear-
lier in the day.15 From these hills, the Union troops held the high
ground over the town with Cemetery Hill about eighty feet about
the center of town and Culps Hill another one hundred feet
higherquite simply these elevations dominated the town.16
About forty-two thousand troops had been engaged between the
two sides with more than nine thousand Union dead and about
sixty-eight hundred Confederate dead.17 The Confederates, in
contrast, did not have most of their army on the field by midnight
of July 2nd; at this time, only Lieutenant General Richard Ewells
Corps and Lieutenant General A.P. Hills Corps had arrived.18 Two
of Lieutenant General James Longstreets three divisions were
located four miles away and would arrive on July 2nd, but the third
division would not make it in time for the second day of battle.19
Overnight, the Union received reinforcements as well with the
arrival of the Fifth and Twelfth Corps as well as the Third Corps
in the early morning.20 The last Union corps, the Sixth, was thirty-
five miles away in Manchester, Maryland, but arrived at the battle
THE CONCORD REVIEW 185
to save the position.43 From the Round Tops, the battle spread
northward to the Wheatfield and the Peach Orchard as the Con-
federates began to commit more brigades to the fight.44 When
the Union position in the Peach Orchard broke under pressure
from McLawss division, his division added its weight to the attack
against the Wheatfield.45 When Major General Winfield Hancock
saw this collapse at the Peach Orchard, he sent Brigadier General
John Caldwells division from farther north on Cemetery Ridge
to try to prop up the Union position in the Wheatfield.46 By 6:00
p.m., the Union line had broken into full retreat, but Meade pulled
Union troops from the Fifth, Sixth, and Twelfth Corps to stabilize
the situation and prevent a total collapse.47 This consolidation of
troops weakened other Union positions along Cemetery Ridge
and allowed Brigadier General A. R. Wrights brigade to pierce
the center of the Union line on Cemetery Ridge.48 But, due to a
lack of support from the rest of Andersons division, troops from
the Second, Eleventh, and Twelfth Corps pushed back Wrights
brigade, ending the attack on the Union left.49
Meanwhile, on the Union right flank, the troops on Culps
Hill and East Cemetery Hill spent the morning digging trenches.50
The Confederate attack on this front, much like the other Confed-
erate attacks on that day, was in the en echelon form from left to
right, beginning with Major General Edward Johnsons divisions
attack against Culps Hill and working around to Major General
Jubal Earlys division and, lastly, Major General Robert Rodes divi-
sion.51 The attack began once Ewells artillery heard Longstreets
guns open up, and the Union artillery eventually won the ensuing
artillery battle, defeating the Confederate artillery.52 After this
defeat, it was another two hours until Ewells corps attacked on
the whole of [the Union] fronta few minutes before 7 p.m.53
Of Earlys division, only two brigades were initially committed, and
though they broke the Union line, the rest of Earlys division was
not committed and neither was Rodes division.54 The tide then
turned against the Confederates as Union counterattacks forced
them back, to end combat for the day.55 Between the Union and
Confederate armies, there were at least 16,500 casualties.56 How-
188 Owen Tedford
Thesis
The Battle of Gettysburg was the turning point of the Civil
War. Within the battle itself, the conflict that occurred on July 2nd
was the turning point of the battle. General Longstreets attack
was successful in that it turned Meades attention to the Union
left flank and forced Meade to pull troops away from other parts
of the battle (a problem Sickles forward line exacerbated). This
weakening of Meades line, particularly at the critical point of
Cemetery Hill, presented opportunities for other Confederate
troops through the en echelon style of attack. However, poor
management by the Confederate Generals Anderson, Early, and
Rodes at these trying moments ended up costing them the victory.
Sickles Position
Sickles decision to move his corps forward to the Em-
mitsburg Road from its position on the southern portion of
Cemetery Ridge unintentionally aided the Confederates. The
THE CONCORD REVIEW 189
first issue with Sickles line came because Humphreys had orders
to extend Birneys line northwest and connect Sickles line with
Caldwells division back on Cemetery Ridge.63 However, Caldwell
had no similar orders to advance his division, thus this forward
movement left an interval of about five hundred yards between
Caldwells left flank and Humphreyss right flank as one was on
Cemetery Ridge and one was on the Emmitsburg Road.64 Later
the Confederate attack would exploit this gap in helping to break
the position at the Peach Orchard, forcing more troops away from
Cemetery Hill, increasing the odds of a Confederate success.
Therefore, this already big gap became an even larger issue as the
day and the Confederate attack went on. The second issue with
Sickles line was the length of his line. The position that Sickles
wanted to occupy, according to Meades chief of artillery Briga-
dier General Henry Hunt, wouldrequire a larger force than
the Third Corps alone to hold it.65 His line would be one and a
half miles long, double the length of the line that Sickles corps
was supposed to occupy on Cemetery Ridge.66 Sickles corps was
too small to hold the line, leaving soft spots in his front and no
reserve to stop the inevitable breakthroughs in his line.67 Sickles
was even aware of these shortcomings of his line sharing Meades
doubts as to [his] being able to hold so extended a linewith
one corpsagainst the rebel army; but that, if supported, the line
could be held.68 Therefore, not only had Sickles created a line
that was in a bad position, but his corps was unable to hold its
line without reinforcements, meaning that he had already helped
the Confederates move troops away from Cemetery Hill. Even if
these troops did not come from Cemetery Hill immediately, the
Confederate plan would force the Union army to eventually pull
reinforcements from behind Cemetery Hill. The last issue with
Sickles decision to move forward was his belief that the forward
position enabled [him] to hold commanding ground, which, if
the enemy had been allowed to takeas they would have taken
it if [he] had not occupied it in forcewould have rendered our
position on the left untenable; and, in [his] judgment, would
have turned the fortunes of the day hopelessly against us.69 This
judgment of his was wrong because his new line left Little Round
190 Owen Tedford
Top unoccupied, which was the key to the Federal position and
could dominate Sickles position.70 The Confederate attack came
very close to successfully capturing Little Round Top, and the
Union Army only saved Little Round Top with the lucky arrival
of Vincents brigade and the 20th Maine.71 Hence, Sickles third
mistake nearly cost the Union Army their entire position because
he chose not to occupy Little Round Top. In conclusion, Sickles
decision to move forward was full of errors and increased the odds
of success for the Confederate attack because his position created
gaps in the Union defensive line, required additional forces to
hold the line, and left Little Round Top unoccupied. The Confed-
erates took advantage of these mistakes and translated them into
success, and only the mistakes of the Confederate generals later
in the day turned the battle against the Confederates.
Longstreets Attack
Longstreets corpss attack began at Devils Den. Sickles
forward line had already given the Confederate troops an advantage
because there were few troops left at Devils Den. This allowed
Hoods division [to outflank]Sickles advanced line at Devils
Den before it could be reinforced to make its position tenable.72
The Confederate attack began with Robertsons brigade with
Bennings brigade and Andersons brigade in support.73 Under
this concentrated attack, Wards brigade, which held a thin line
because it had to cover the left end of the corps and the army was
forced back and it was then relieved, due to being exhausted
and nearly destitute of ammunition.74 In order to compensate
for this new gap in the Union line, Birney shifted troops from
other parts of his thin line to reinforce Devils Den.75 Wards
brigades collapse began the collapse of Sickles line and the left
of the Union Army.76 This collapse set in motion the chain of
events requiring Union troops to be shifted continually towards
the southern end of the battlefield. If these troops were not sent
to Devils Den, the Confederates would have marched right over
Little Round Top and into the rear of the Union Army. There-
fore, the movement of troops was a necessary evil for the Union
THE CONCORD REVIEW 191
Army, and would cause problems for its defense as the battle went
on because the movement of troops would weaken other strong
points of the Union line. The Confederate attack at Devils Den
was successful because it defeated the Union troops who were
designated to oppose the attack and the attack had drawn more
troops away from Cemetery Hill.
The next progression of the battle on the Confederate
right was to Little Round Top. When Brigadier General Gouver-
neur K. Warren, Meades chief engineer, arrived on the scene
at Little Round Top, he found no Union troops on the hill and
Confederate troops charging towards the position.77 Meade had
already ordered for the Fifth Corps to be moved from acting as
a reserve behind Culps Hill over to Little Round Top however,
fearing that the Fifth Corps would not arrive in time, Warren or-
dered Humphreys to move his division from its position on the
Emmitsburg Road to Little Round Top.78 General Sickles, when
called upon by General Warren, through [Lieutenant Ranald S.
Mackenzie], to furnish troops for the defence of that position,
refused to do so, stating that his whole command was necessary
to defend his front.79 This order was overturned within minutes
when Warren saw Vincents brigade, from the Fifth Corps, coming
towards Little Round Top.80 Vincents brigade was immediately
deployed on a little spur to the left and rear of the peak of the
hill, a position that dominated the saddle between [Little Round
Top and Big Round Top], to face the Confederate onslaught.81
Battery D of the Fifth United States under Lieutenant Charles E.
Hazlett joined Vincents brigade on Little Round Top at about
4:30 p.m.82 With Vincents brigade under tremendous pressure
from Laws brigade, the only attacking Confederate brigade,
Warren was forced to pull the 140th New York under Colonel
Patrick ORorke, which was part of Brigadier General Stephen H.
Weeds brigade.83 ORorkes regiment was intended to go down
the Wheatfield Road to the Peach Orchardinstead it charged
pell-mell down the southern face.84 The rest of Weeds brigade
later joined ORorkes regiment and helped anchor the Union
line at Little Round Top.85 Although successful, the defense of
Little Round Top created problems later in the day because two
192 Owen Tedford
Fifth Corps brigades had been pulled from going to the Peach
Orchard.86 This would lead to issues in the defense of the Peach
Orchard because these troops from the Fifth Corps could not be
committed to the fight later. Here the Confederate attack was
again successful because it had drawn two brigades while attacking
with only one. Therefore, the battle at Little Round Top can be
considered a success for the Confederates because it continued
the pull of Union troops to the southern end of the battlefield.
The Union line in the Wheatfield was centered about
Colonel Regis de Trobriands brigade. 87 One of de Trobriands
brigade tasks was to support Grahams brigade and Wards bri-
gade. 88 In doing so, it had given up the 3rd Michigan, 17th Maine,
and 40th New York, which left de Trobriand holding the Wheat-
field with two of his regiments, less than one-third of troops.89
To compensate for the weakness of de Trobriands line, Tiltons
brigade and Sweitzers brigade, from the Fifth Corps were sent to
reinforce his position.90 The 115th Pennsylvania and the 8th New
Jersey further reinforced De Trobriands position.91 The Confed-
erate assault against the Wheatfield came in several waves with
each successive wave becoming more successful than the prior
wave. The first attack came at about 5 oclock from Andersons
brigade against de Trobriands reinforced line and was turned
back without making any breakthroughs.92 The second wave
came at about a quarter to 6 oclock again from Andersons
brigade, but this time his brigade received reinforcements from
Kershaws brigade on his left and broke de Trobriands original
line. 93 With this breakthrough, Meade directed[Hancock] to
send a division to the assistance of the Third Corps, with orders
to report to General Sykes, commanding Fifth Corps, and the
First Division, under Brigadier-General Caldwell, was dispatched
to the scene of conflict.94 With the arrival of Caldwells division,
the second Confederate attack was repulsed.95 The third Confed-
erate push came from Woffords brigade, Semmes brigade, and
Kershaws brigade, and using the Wheatfield Road as a guide,
routed Caldwells line.96 Caldwell recommitted Sweitzers brigades,
Colonel John Brookes brigade, part of Caldwells division, and
had Days and Burbanks brigades join the fight to try to stop this
THE CONCORD REVIEW 193
briands brigade and one from Wards brigade to the left of the
2nd New Hampshire to extend the southern flank of the salient
at the Peach Orchard.108 These four regiments then crossed the
Wheatfield Road to fight against Kershaws left regiments.109 When
these brigades crossed the road, they exposed the right flank of
Grahams main line to the 21st Mississippis attack.110 This attack
simultaneously threatened the rear of the regiments that moved
forward, forcing their withdrawal.111 Three of these regiments
reformed, but when Barksdales brigade over ran the southern
flank of Grahams main line, these regiments were forced to retreat
again.112 At this moment, the 17th Mississippi began to wheel to
the north putting it on the left flank of the rest of Grahams main
line that had not been overrun yet.113 This wheel then forced back
the rest of Grahams line.114 During this attack, Grahams brigade
suffered forty-nine percent casualties, the 2nd New Hampshire lost
more than fifty-four percent, the 73rd New York lost more than
forty-six percent, and McGilvery batteries lost more than twenty-
four percent, extremely high losses for that branch of service.115
The Confederates had been completely successful at the Peach
Orchard and had totally crushed the Union line. The defense was
a disaster for the Union because the Peach Orchard was not only
a lynchpin of the Union line, but it was also one of the highest
concentrations of Union troops on the entire battlefield. Therefore,
the Confederate attack had been successful once again because
the attack had forced back a large concentration of Union troops
that included those who were drawn from elsewhere on the field.
Thus, despite the Unions superior numbers, the Confederates
were still drawing troops away from Cemetery Hill, the ultimate
goal of the Confederate attack.
Following the total collapse of Sickles position at the
Peach Orchard, the only hope for the Union to save the line
was for more troops to be sent to the southern end of the field.
The ensuing fight is what Longstreet described as the grappling
for the crowning point.116 This process began when McGilvery
re-established a line of artillery on Cemetery Ridge with some
thirteen to fifteen artillery pieces from four batteries. Shortly
thereafter, two more batteries joined McGilverys line, each with
THE CONCORD REVIEW 195
Army was defeating any troops that the Union Army put in de-
fense and this was forcing troops to continually be drawn away
from Cemetery Hill.
Until this point, Humphreys divisions front had been
relatively quiet in terms of the Confederates attack. However, for
this reason, his division had been redistributed elsewhere on the
battlefield. For example, Burlings brigade was left with only one
of its six regiments, the 5th New Jersey.129 The other five had gone
to Peach Orchard and to support Ward near Devils Den.130 With
the collapse of the Peach Orchard, a large interval remained on
the left, Hancock wrote.131 Humphreys left was in the air, and,
as a result, Barksdales brigade hit Humphreys line from the
south on its exposed flank.132 At the same time, pressure began
to come from Wilcoxs brigade in the east.133 Brigadier General
Joseph Carrs brigade and Humphreys northern brigade, were
aligned with the 1st Massachusetts on the far right, just in front of
the 26th Pennsylvania.134 The 74th New York, of Colonel William
Brewsters brigade, was behind the 26th Pennsylvania, but the 74th
New York was then forced to move behind the 73rd New York to
defend against Barksdales attack, another example of areas un-
der pressure being prioritized over other areas of the field.135 To
further compensate for the pressure from Barksdales brigade,
Humphreys had to draw back Brewsters brigade forming a right
angle with Carrs brigade, perpendicular to the Emmitsburg
Road.136 Unfortunately for Humphreys, this action would not be
enough and his line began to collapse under the Confederate
pressure.137 Brewsters brigade collapsed first, which forced Carrs
to collapse under the combined pressure from Barksdales brigade
and Wilcoxs brigade.138 Both the 120th New York and the 11th
New Jersey, sacrificed themselves in order to slow the Confeder-
ate onslaught [Barksdales brigade], losing 53 percent and 56
percent of their men, respectively, before finally being forced to
retreat.139 To try to hold together Humphreys crumbling line,
Hancock sent the 19th Massachusetts, 42nd New York, 19th Maine,
and Willards brigade.140 Willards brigade attacked Barksdales
three regiments that had wheeled north and were now attack-
ing northeast.141 Willards brigade was successful in turning back
THE CONCORD REVIEW 197
left a mile-wide gap to the left of the Second Corps until the Fifth
Corpss line was reached near Little Round Top.148 In his current
line, Hancock had two brigades of Gibbons division and Hays
division at his disposal, equivalent to less than half of the Second
Corps remained in its position on[Cemetery] ridge.149 Three
batteries around the Angle were supporting Hancocks corps.150
To compensate for the gap to Hancocks right, General Gibbon
extended his line to the left by adding to it his reserve brigade.151
This thinned out Hancocks main line on Cemetery Ridge and
increased the Confederates odds of success. To give Gibbon time
to complete this movement, Hancock put out the 15th Massachu-
setts and 82nd New York to attempt to slow down the Confederate
attack from Andersons division.152 Wilcoxs brigade and Langs
brigade both broke through Carrs line opposing them, leaving
the 82nd New York and the 15th Massachusetts outflanked on their
left.153 The pressure of the Confederate troops on their flank and
the 22nd Georgia, the right regiment of Wrights line, forced back
these regiments.154 With momentum building, Wrights brigade
attacked and overran Perrins battery on its way towards Cemetery
Ridge.155 To try to prevent Wrights brigade from making it to Cem-
etery Ridge, Hancock sent forward Thomass battery and Weirs
battery.156 These batteries required infantry support to hold their
line, which came from the 1st Minnesota.157 In order to protect the
batteries from being overrun, the 1st Minnesota had to take on
a suicide mission of charging headlong into the oncoming Con-
federate assault.158 Ordered to capture those colors by General
Hancock, the 1st Minnesota consisting only of 262 soldiers charged
in the most gallant manner against 2,468 Confederates from
Wilcoxs brigade and Langs brigade.159 The only reason behind
this attack was Hancocks hope that, by sacrificing one brigade,
he would send more reinforcements to save his line.160 Despite
suffering eighty-two percent casualties, the 1st Minnesota stalled
Wilcox and Langs attack enough to prevent it from reaching the
crest.161 This brave attack from the 1st Minnesota was not enough
to prevent Wrights brigade from breaking through the Union line
and gaining a position on Cemetery Ridge.162 Hancock knew the
breakthrough was coming and had thus requested reinforcements
THE CONCORD REVIEW 199
Ewells Attack
On the Confederate left flank, the attack of Ewells corps
began with Johnsons divisions attack on Culps Hill. Lee intended
Ewells offensive either to prevent Union reinforcements from
reaching Longstreets front or to exploit the absence of those
forces in his own front. The exploitation was about to begin.167
The opportunity for exploitation came because Longstreets as-
saults had been so successful at drawing troops away from Culps
and Cemetery Hills. The timing of Ewells attack was perfect such
that, About the time [Ewell began]the attack, major units of the
Twelfth Corps were pulling out of their lines and forming for the
march to reinforce [Hancock].168 With this removal of troops, the
defense of the line previously held [by the Twelfth Corps was left]
to the remaining brigade of the Second Division, commanded by
Brigadier-General Greene, who held the left of the Twelfth Corps,
[which] now [became] the extreme right of the army.169 To try
to reinforce the Union position, Meade sent Brigadier General
Thomas Neills brigade, of the Sixth Corps, when it arrived to the
200 Owen Tedford
south of Culps Hill around 6:00 P.M.170 Although this unit would
not make any significant contribution to the defense of Culps Hill,
it was another 1,775 troops pulled away from defending the salient
that was forming at Cemetery Hill.171 This left the defense of the
entire Union right flank to less than fourteen hundred soldiers
supported by six pieces of artillery.172 The removal of the rest of
the Twelfth Corps forced Greene to lengthen his line to occupy
all vacated works, stretching his already weak line even thinner.173
Fortunately for Greene, when other Union commanders saw the
incoming Confederate attack, they responded quickly and sent
over reinforcements, which allowed Greene to extend his line in
force.174 Greene received one regiment from the Second Corps,
seven from the Eleventh Corps, and two from First Corps on the
northern slope of Culps Hill despite the pressure on their front
from Ewells attack.175 Despite seeming to be a large number of
troops coming to Greenes aid, these ten regiments only doubled
the strength of Greenes brigade and were still not enough to
prevent Johnsons division from making serious gains against the
Union position.176 On Johnsons extreme left, Steuarts brigade
occupied the trenches that Greene had not defended.177 Johnsons
divisions attack was therefore a success. It accomplished its dual
task of both drawing troops away from Cemetery Hill and making
breaks in the Union line where the opportunity presented itself
because of the Union troops that had been removed. Therefore,
the Confederate attack had continued to be a success, making
breaks in the Union line when possible and forcing the removal
of troops from the area around Cemetery Hill.
When Early began his attack there were at most five thou-
sand men on Cemetery Hill in Howards 11th Corps.178 Of the 11th
Corpss six brigades, all but one had been beaten badly the day
before.179 An example of this was in the 17th Connecticut, which
had about thirty-nine killed on the first day; over ten percent of
the regiment.180 The one good brigade was guarding the west side
of Cemetery Hill, away from where Early would attack.181 Further
reducing his defensive force, Howard sent over Schimmelfennigs
brigade to Culps Hill before Early had attacked.182 Also compound-
ing the issue, Wadsworths division of the 1st Corps moved from the
THE CONCORD REVIEW 201
where the ultimate attack would fall from Rodess division and
Penders division. Therefore, the Confederate attack had continued
its successful path of drawing troops away from the critical point,
setting up the final parts of the en echelon attack for success.
Confederate Failures
Everything up until now had gone to plan, and the Con-
federate Army had the Union Army at its mercy. However, the
Confederate failures would now begin and would proceed to
cost the Confederates the battle because the victory had been set
up for the taking but was lost by the failures. The failures for the
Confederates began first in Andersons division. Lang had seen
Wilcoxs brigade, on his right, begin to retreat, so Lang began to
retreat his brigade as well.193 Lang had also seen the enemy troops
passing on his right flank in the space that Wilcox had vacated,
which created a fear that his brigade would be surrounded.194
Langs retreat exposed the right flank of Wrights brigade, and
its left was exposed to Webbs brigade who could attack Wrights
brigade because there was no pressure on its front.195 This pres-
sure should have come from Poseys brigade and Mahones bri-
gade, but Posey did not advance, which had isolated the left of
Wrights brigade.196 Poseys excuse for not advancing was that he
had misunderstood orders that he was supposed to attack with his
full brigade and instead only put out a thin line just west of the
Emmitsburg Road.197 Mahone had been originally ordered to be
a reserve for the division and interpreted this order to act as an
inert reserve never attacking and just holding the original posi-
tion for the Confederates to fall back to if necessary.198 Mahone
refused to attack even when an aide was sent directly from Ander-
son ordering him to attack.199 By outflanking Andersons right,
the Union forced the Confederates to the west of Cemetery Hill
to retreat.200 Most of the blame for this failure rests with Poseys
brigade and Mahones brigade. These brigades would have kept
pressure on the Union line near Cemetery Hill, and would have
reinforced Wrights position on Cemetery Ridge. It follows then
that with continued pressure, the Union line would have suf-
THE CONCORD REVIEW 203
Conclusion
The Confederate Army of Northern Virginia lost the
Battle of Gettysburg on July 2nd at the critical point, Cemetery
Hill. The attack up until that point had gone according to plan
with Union troops being drawn away from Cemetery Hill because
of the Confederate exploitation of the Union Armys thin line.
Sickles positioning of Third Corps further unintentionally aided
the Confederate exploitation. Therefore, the opportunity for the
Confederate victory was there for the taking, but was lost due to
the failures of Generals Richard Anderson, Jubal Early, and Robert
Rodes in command. These men together share the blame for cost-
ing the Confederate Army the Battle of Gettysburg. The failures
of those on July 1st and 3rd are less significant because after July 1st
the Confederates still had a chance to win the battle, and by July
3rd the battle was already lost. It should be noted that the Union
Army did not win the Battle of Gettysburg although it emerged
victorious. Rather, the Confederates lost the battle. The Union
Army was not in a position advantageous to winning the battle,
which is why the offensive movements were Confederate-led and
why it was up to the Confederate Army to win or lose the battle,
while the Union Army was at the mercy of the Confederates.
Therefore, the failures on July 2nd lost General Robert E. Lees
army the battle and the Civil War, as this was the battle that sealed
the Confederacys fate.
206 Owen Tedford
Endnotes
1
Robert N. Scott, ed., The War of the Rebellion: A Compilation
of the Official Records of the Union and Confederate Armies, vol.
27, bk. 1 (Washington, D.C.: U.S. Government Printing
Office, 1880-1901), 72, http://ehistory.osu.edu/osu/sources/
records/list.cfm.
2
Sonia Benson, Daniel E. Brannen, Jr., and Rebecca
Valentine, Battle of Gettysburg, in UXL Encyclopedia of U.S.
History (Detroit, MI: Gale, Cengage Learning, 2009), 1, http://
ic.galegroup.com.
3
Ibid.
4
Ibid.
5
John E. Carey, John Bachelder: Gettysburgs Historian
and Mapmaker, Civil War Stories of Inspiration, last modified
August 30, 2008, https://civilwarstoriesofinspiration.
wordpress.com/2008/08/30/john-bachelder-
gettysburg%E2%80%99s-historian-and-mapmaker-2/.
6
Ibid.
7
Ibid.
8
Ibid.
9
Ibid.
10
Edwin B. Coddington, The Gettysburg Campaign: A Study in
Command (1968; repr., New York, NY: Touchstone, 1997), 446.
11
Brett Schulte, Top 10 Gettysburg Books: A Civil War
Bloggers Event, TOCWOCA Civil War Blog, last modified
May 28, 2009, http://www.brettschulte.net/CWBlog/best-civil-
war-books/top-10-gettysburg-books-civil-war-bloggers/.
12
Harry Pfanz, His Books on Gettysburg, The Second
Day, Gettysburg: Culps Hill and Cemetery Hill, and His
Research on Gettysburg, Day One, interview by Paul
Kenworthy, Gettysburg Discussion Group, http://www.gdg.
org/Research/Authored%20Items/pfanz.html.
13
Pfanz, His Books on Gettysburg, interview, Gettysburg
Discussion Group.
14
Battle of Gettysburg: Confederate General Richard
Ewells Failure on the Heights, Historynet.com, last modified
June 12, 2006, http://www.historynet.com/battle-of-
gettysburg-confederate-general-richard-ewells-failure-on-the-
heights.htm.
15
Patricia D. Netzley, Gettysburg, Battle of, in Greenhaven
Encyclopedia of the Civil War, ed. Kenneth W. Osborne (San
THE CONCORD REVIEW 207
Bibliography
Zhengdong Wang
Abstract
Introduction
The ancient Roman civilization made a lasting impact on
egalitarian governance. Not only did Roman law influence Medieval
and early-Modern law in Europe, but Latin legal concepts, such
as the principle that one is innocent until proven guilty, endure
to the present day. Yet, Roman law standards only became robust
through centuries of tempering in the forge of republican politics.
A paradigm shift in the idea of Roman class equality
occurred after the Third Punic War. The Republic, focused on
conquering Carthage during the war, neglected the welfare of the
common people. Families of those serving in the military were
often illegally forced to sell their land to wealthy landowners, giv-
ing rise to extensive latifundia and spreading poverty across the
masses.1 Seeking an advocate in the land crisis, the people elected
Tiberius Gracchus to the office of tribune. Tiberius introduced
the lex Sempronia agraria,2 a law intended to impartially redistrib-
ute Romes illegally held ager publicus3 back to the impoverished.4
Tiberius altered the fundamental social structure of the
Republic through the lex Sempronia agraria. Wealthy landowners,
unwilling to relinquish their estates, staunchly opposed the law.
The lex Sempronia agraria divided the rich and the poor, escalating
the conflict from one of land distribution to one over plebeian
social status. The civil strife resulting from Tiberius actions rallied
the common people to support further change. The following
improvements in plebeian rights, military conscription rates, and
even the citizenship granted to Romes Latin allies can be traced
back to the clash of classes Tiberius provoked.
boost his popularity with the common people and navigate Romes
political arena.5 The advantages that accrued from his family
name helped Tiberius build the public support and the political
expertise needed for him to later pass the lex Sempronia agraria.
Tiberiuss social background played an important part
in developing his public standing. His father, Tiberius Gracchus
the Elder, was once censor and twice consul of Rome.6 Although
Tiberius Gracchus the Elder was an affluent member of the
aristocracy, he was a plebeian, not a patrician.7 Thus, while his
wealth and status afforded Tiberius Gracchus the Elder great
advantages, the public attributed his respected position to fame
earned through military and political achievement, rather than
the accident of his birth.
In his early career, Tiberius leveraged his fathers reputation
to secure pivotal positions. These filial bonds brought Tiberius
the attention of his brother-in-law, Scipio Aemilianus.8 Aemilianus
was consul at the time and the commander of the siege of the city
of Carthage. His favor provided Tiberius the means to participate
publicly in the defining battle of the Third Punic War.9 Aemilia-
nus also gave Tiberius leadership experience with a position of
authority in the planning and execution of the siege.
[Tiberius] led all the young men in discipline and bravery; yes, he was
first to scale the enemies wall, as Fannius says, who writes also that
he himself scaled the wall with Tiberius and shared in that exploit.10
Tiberius seized this opportunity and gained both popularity and
experience. Coeval accounts not only praised Tiberius courage
in battle and as a commander, but also mention that Tiberius
returned to Rome a military hero.11 Tiberius, rather than simply
accepting the authority of his post, took every chance to improve
his public image alongside his political gravitas.
Tiberius, as quaestor, later fought in the Second Numantine
War under the consul Gaius Mancinus.12 Once again Tiberius made
use of his powerful political connections, earning a reputation as
the savior of the legion. During the campaign, Mancinus lost a
series of battles against the Numantines and attempted to retreat
out of enemy territory. When Mancinuss legion was surrounded,
224 Zhengdong Wang
his public image. Remembered as the first soldier over the wall
in Carthage and the savior of more than twenty thousand Roman
soldiers in Numantia, Tiberius secured a favorable public standing
well before his tribunate.
Tiberius later capitalized on his public stature to bolster
the lex Sempronia agraria. His interactions with the Roman poor in
his campaign originally inspired him to propose his land reform
and seek additional social changes. Moreover, Tiberius reputation
emboldened his supporters to keep his law alive against affluent
opposition, an obstacle prior reforms failed to overcome.
daily, or about one and a half times one mans daily wages.58 The
uncompromising attitude of both supporters and opponents of
the lex Sempronia agraria exacerbated class tensions.
his head, making this visible sign that his life was in danger, since the
questioners could not hear his voice. But his opponents, on seeing
this, ran to the Senate and told that body that Tiberius was asking for
a crown; and that his putting his hand to his head was a sign having
that meaning.63
When this news reached the Senate, a wealthy Senator named
Publius Scipio Nasica accused Tiberius of attempting to crown
himself kingthe crime of tyrannyand demanded Tiberiuss
execution.64 When the consul Publius Mucius Scaevola refused
to act without a trial, a number of armed senators accompanied
Nasica out of the Senate building to the rostra to kill Tiberius
themselves.65 In total, about three hundred people died in the
riot, among them Tiberius.
Public disorder following the riot forced Nasica to leave
Italy, despite his duties in the capital as the acting pontifex maxi-
mus.66 Even Aemilianus, who arrived from Numantia to quell the
unrest in Rome, was confronted by the mob for opposing Tiberius
policies. In an unsympathetic reaction to Tiberius death, he re-
sponded with Homers quote, So perish also all others who on
such wickedness venture.67 Aemilianus was interrupted by the
people, something that [they] had never done before, accord-
ing to Plutarch.68 Tiberius death induced the common people
to revolt openly against the political system. The controversy over
the lex Sempronia agraria, combined with public anger at Tiberius
murder, inspired an unrest which prompted the people to push
for additional social change in Rome.
as far as to say that the lex Sempronia agraria was the work of an
idealist rather than of a clear-sighted and practical statesman.77
Nevertheless, the lex Sempronia agraria at least contributed to higher
conscription rates and plebeian landholdings in the consecutive
years. Regardless of the laws observable success, Tiberius impact
on Roman society can be noticed in the reforms his law inspired
as well as what he accomplished directly.
The political career of his brother Gaius Gracchus deserves
mention, as he capitalized on the revolutionary atmosphere Ti-
berius set to enact further reform. One of the earliest laws Gaius
introduced was the lex de abactis, which mandated that anyone
deposed from public office be denied the opportunity to hold
any future office, acknowledging the difficulties Octavius caused
Tiberius.78 Gaius also passed the lex de provocatione, prohibiting
the use of capital punishment without the peoples sanction,
removing a tool patricians used to threaten the plebeian class.79
Also introducing his own economic reforms, Gaius passed the lex
Sempronia frumentaria, the first law in Roman history to regulate
the purchase and sale of grain: an early form of government price
fixing.80 Gaius then expanded the lex Sempronia agraria, setting up
charters for Roman colonies in newly conquered areas, including
one in Carthage.81 While Gaius Gracchus may have been just as
prolific and ambitious as his late brother, his reforms likely would
not have occurred as rapidly and as unimpeded as they did without
the progressive mood Tiberiuss career created.
One of the most radical changes Tiberius life and death
brought about was ubiquitous Latin citizenship. The aforemen-
tioned seizure of Latin land under the lex Sempronia agraria strained
Romes relations with the Latins, highlighting differences in social
standing. Afflicted by the sudden loss of ager publicus, the Latin
allies of the Republic began to fall into poverty. The inequality of
wealth and land ownership was a primary reason the previously
content client states of Rome revolted in the Social War (91 BCE
88 BCE).82 Roughly half of Romes Latin allies rebelled after
proposals to grant universal Latin citizenship failed in the Senate.83
Following the Social War, the specifics of which are not
germane to this study, the Republic granted important politi-
236 Zhengdong Wang
cal concessions to the Latins. All Latin states that did not revolt
received full citizenship.84 Tiberius goal of class equality in Ro-
man society indirectly exposed the difficulties in defining Latin
social standing in Roman society. Whether or not one views the
Latin revolt as successful, the act of rebellion compelled Rome
to acknowledge her allies. Tiberius and the lex Sempronia agraria
achieved long-coveted social privileges for Romes Latin allies,
resolving a disputed point of conflict about Latin social status in
Roman society.
Conclusion
Tiberius Sempronius Gracchus is primarily remembered
as the author of the lex Sempronia agraria. Yet, the various reforms
which occurred after Tiberiuss death, including but not limited
to Gaius Gracchus reforms, all stemmed from the changed politi-
cal conditions his career incited. Furthermore, without Tiberius
legislation, Roman society would not have met the prerequisite
state of affairs needed for the Latins to challenge Rome for the
privilege of citizenship. From childhood, Tiberius powerful fam-
ily connections helped him secure his positions. Tiberius early
achievements fashioned him into a popular politician capable
of attaining the land reform others failed to accomplish. Finally,
Tiberius death intensified the impact of his actions in life by
expanding the political aftershocks of the lex Sempronia agraria.
Influencing the Roman state in issues greater than simple
land distribution, Tiberius and the lex Sempronia agraria initiated
a concatenation of events that caused a decisive adjustment of
power in the Republics class structure, as the rights of Roman
plebeians and the Latins advanced in several areas. Rather than
offer incremental improvement, Tiberius Gracchus catalyzed social
reform in the Roman Republic.
THE CONCORD REVIEW 237
Censor
Two censors recorded the census and tax assessments. More
relevant to this paper, censors documented and enforced the use
of Roman ager publicus.
Consul
Two consuls, elected each year, acted as senior executive
officers of the state. Consuls presided over Senate assemblies,
governed provinces, and led Roman legions in major conflicts.
Pontifex Maximus
The pontifex maximus was the highest ranking religious
authority in Rome. In the Republic, the holder of this office
performed rituals and duties specific to the pagan state religion.
Praetor
Eight praetors served as judges. Praetors took the administra-
tive duties of consuls when the consuls were not in Rome.
Quaestor
Romes financial administratorsaround twenty quaestors
served the Republics many provinces and armies.
Tribune
Ten tribunes a year were elected from the plebeian class,
introducing legislation and voting to balance the interests of the
patrician class.
238 Zhengdong Wang
Endnotes
1
The Roman latifundium was a large parcel of privately owned
land. These estates relied on slave labor to function, and
specialized in cash crop agriculture rather than subsistence
farming.
2
Lex Sempronia agraria translates to the agrarian law of
Sempronius.
3
The ager publicus was public land of Rome. This land was
usually obtained through conquest in Romes many wars. Ager
publicus, although state-owned, could be distributed among
Roman citizens for various utilitarian purposes.
4
Saskia T. Roselaar, Public Land in the Roman Republic: A
Social and Economic History of Ager Publicus in Italy, 396-839 B.C.
(Oxford: Oxford University Press, 2010) p.223.
5
In Ancient Rome, an individuals gens referred to his or her
family. The gens Sempronia included several people of historical
importance, many of them consuls.
6
Richard Miles, Carthage Must Be Destroyed: The Rise and Fall of
an Ancient Civilization (New York: Viking, 2011) p.437.
7
Roman society was divided into two classes, patricians
and plebeians. Patricians were aristocrats and nobles, while
plebeians were the common people.
8
A. E. Astin, Scipio Aemilianus (Oxford: Clarendon Press,
1967) p.13.
9
Adrian Keith Goldsworthy, The Punic Wars (London: Cassell,
2000) p.178.
10
Plutarch, Lives, Volume X: Agis and Cleomenes. Tiberius and
Gaius Gracchus. Philopoemen and Flamininus, trans. Bernadotte
Perrin (Cambridge, MA: Harvard University Press, 1921)
p.153.
11
Henry C. Boren, The Gracchi (New York: Twayne Publishers,
1969) p.26.
12
Ibid., p.37.
13
Plutarch, p.155.
14
Boren, p.39.
15
Erik Hildinger, Swords Against the Senate: The Rise of the Roman
Army and the Fall of the Republic (Cambridge, MA: Da Capo
Press, 2002) p.5.
16
Ibid., p.8.
17
Ibid.
18
Astin, p.136.
THE CONCORD REVIEW 239
19
John A. Walsh, Tiberius Gracchus (TR. PL. 133 B.C.),
The Numantine Affair, and the Deposition of M. Octavius,
Classical Philology 73, no. 3 (1978) p.201.
20
Roselaar, Public Land in the Roman Republic, p.101. Many
modern day historians conjecture that this restraint applies
only to ager publicus, as the idea of private ownership was
extremely important at the time. Roselaar argues that the lex
Licinia Sextia may have applied to both public and private land,
but no consensus exists. Some historians refer to the lex Licinia
Sextia as the lex Licinia or Stolos law.
21
Ibid.
22
Howard Hayes Scullard, From the Gracchi to Nero: A History of
Rome from 133 B.C. to A.D. 68 (London: Routledge, 1982) p.22.
23
Ibid., p.23.
24
Plutarch, p.163.
25
Ibid.
26
Ibid.
27
Ibid.
28
Ibid. p.161.
29
Boren, p.80.
30
Ibid.
31
Scullard, p.22.
32
George C. Kohn, Dictionary of Wars (New York: Infobase
Publishing, 1986) p.3. The Achaean War began the same year
the Third Punic War ended. Although the threat to Romes
Mediterranean dominance was over, her need for soldiers
continued.
33
Alvin H. Bernstein, Tiberius Sempronius Gracchus: Tradition and
Apostasy (London: Cornell University Press, 1978) p.125.
34
Roselaar, Public Land in the Roman Republic, p.223.
35
Ibid. The law granted additional 250 iugera for each child.
36
Philip Kay, Romes Economic Revolution (Oxford and New York:
Oxford University Press, 2014) p.184.
37
Saskia T. Roselaar, Ager publicus in the Roman Republic and
the Evolutionary Theory of Land Rights, in The Italians on the
Land: Changing Perspectives on Republican Italy Then and Now,
ed. Arthur Keaveney and Louise Earnshaw-Brown (Newcastle:
Cambridge Scholars Publishing, 2009) p.23.
38
Ibid.
39
Roselaar, Public Land in the Roman Republic, p.235.
40
Plutarch, p.165.
41
Ibid.
240 Zhengdong Wang
42
Ibid.
43
Goldsworthy, p.400. See Appendix A.
44
John Boardman, Jasper Griffin, and Oswyn Murray, eds.,
The Oxford History of the Classical World (Oxfordshire: Oxford
University Press, 1986) p.411.
45
Plutarch, p.165.
46
Appian, The Civil Wars, Books 1-3.26, trans. Bernadotte Perrin
(Cambridge, MA: Harvard University Press, 1913) p.19.
47
Scullard, p.28.
48
Hildinger, p.39.
49
Marcus Tullius Cicero, The Orations of Marcus Tullius Cicero,
trans. Charles Duke Yonge (London: G. Bohn, 1851) p.202.
Although the majority of Roman soldiers hailed from the
plebeian class, the wealthy considered themselves to be
defenders of the Republic as well, as many were members of
the Senate and controlled state affairs.
50
Boren, p.53. In the time of the Republic, the veto of a single
tribune prevented the passing of a law. Thus, Tiberius had to
overcome Octavius politically to pass the lex Sempronia agraria.
51
Plutarch, p.167.
52
Ibid. The justification that Octavius obstructed the will of
the people rested on the fact that Octavius refused to allow
the lex Sempronia agraria to be put to a vote, for fear that the
overwhelming support among the mob would result in the
laws ratification.
53
Bernstein, p.185.
54
Ibid., 174.
55
Ibid., 185.
56
Plutarch, p.175. At this time, Gaius Gracchus was serving
under Aemilianus in Numantia.
57
Astin, p.221.
58
Plutarch, p.175. The obol was an ancient silver coin, worth
one-sixth of a drachma.
59
Ibid., 63.
60
Hildinger, p.42.
61
Plutarch, p.185.
62
Ibid., 187.
63
Ibid., 189.
64
Bernstein, p.222.
65
Ibid. The rostra was a large platform in the city of Rome
where speakers would deliver orations to an audience below.
66
Boren, p.69.
67
Plutarch, p.197.
THE CONCORD REVIEW 241
68
Ibid.
69
Appian, p.39.
70
David Stockton, The Gracchi (Oxford: Clarendon Press,
1979) p.88.
71
Appian, p.39.
72
Roselaar, Public Land in the Roman Republic, p.232.
73
Astin, p.239.
74
Roselaar, Public Land in the Roman Republic, p.233.
75
Ibid. p.244.
76
Boren, p.80. The population increase becomes more
apparent when including the numbers in the period prior
to the lex Sempronia agraria. From 136 BCE to 131 BCE,
the population grew from 317,933 to 318,823. Comparing
this with the population count of 394,736 in 125 BCE, it is
safe to conclude that the lex Sempronia agraria succeeded in
contributing to population growth as a whole. These numbers
cannot be taken as perfect, however. Roselaar mentions several
theories which may have skewed the census. New landowners
may have been more likely to register for the census, or
censors may have counted landowning citizens more carefully.
Roselaar, Public Land in the Roman Republic, p.246.
77
Frank Burr Marsh, A History of the Roman World from 146 to 30
B.C. (London: Methuen, 1963) p.49.
78
Stockton, p.116.
79
Scullard, p.32.
80
Stockton, p.126.
81
Scullard, p.33.
82
Roselaar, Public Land in the Roman Republic, p.10. The
name Social War derives from the Latin term socii, which
translates to allies.
Boardman, p.413. Romes reacquisition of ager publicus
83
Bibliography
Daniel W. Jo
Introduction
part of the banks since they were backed up by the Korean govern-
ment to promote its favored industries. Further, other scholars
argue with the historical perspectives that the traditional Korean
economic system, characterized by close relationships between
the state, the banks, and the chaebols was shaped by the particular
economic development strategy that Korea pursued.14
Koreas plan to move away from the old model was neither well-
conceived nor was it well-implemented.36 These views argued that
the demise of the developmental state in industrial policy, as well
as reckless financial liberalization, critically contributed to the
crisis, by removing the restraints on duplicative investments and
possibly creating more room for cronyism.37
This view argued that even though there were some prob-
lems with the traditional Korean system, which were in need of
change, since the late 1980s the Korean government had dismantled
the old ones without careful planning and without efforts to put
alternative mechanisms in place.38
The typical results of the Korean governments policy shift
were in financial liberalization, including capital account liberal-
ization, as well as industrial policy. Traditional Korean industrial
policy, based on the statebankchaebol nexus, started to be dis-
mantled from the late 1980s and was completed by the mid-1990s,
terminating the five-year economic development plan by 1993.39
At the same time, from the late 1980s, the Korean government
rapidly pursued a financial liberalization policy, especially capital
market opening.
The transition failure of the Korean development model
resulted in mismanagement of financial liberalization and the
failure of cross-border capital liberalization. Even though financial
liberalization could play a positive role in developing the banking
system by giving more managerial independence to private banks,
a liberalization policy failure existed in setting up the institutions
and regulations to lead stable foreign debts by private sectors.
A rapid build-up of private foreign debts and an unstable
foreign debt structure in the 1990s was caused by a rapid and lax
cross-border financial liberalization policy under a weak domestic
financial sector. Especially due to liberalization on foreign com-
mercial bank loans, Koreas private sector external debt to GDP
ratio (%) sharply increased from 15.6 at the end of 1993 to 40.9
at the end of 1996, right before the crisis.40
254 Daniel W. Jo
Conclusion
In this paper, I have explored the Korean financial crisis for
19971998 from an historical perspective, focusing on the issues
of the root causes of the fundamental problems, the nature of the
contagion effect to Korea, as well as the post-crisis restructuring.
Regarding the contagion effect from Southeast Asian countries
to Korea, I have discussed several kinds of contagion models, as
well as the evolution of the Asian financial crises from Thailand
to Korea. I then have presented evidence that supports the wake-
up-call views, rather than the pure contagion views. That is, the
Asian crisis was transmitted to several countries due to similar
economic problems, such as large external debt, poor financial
supervision, and trade account decline.
Also, regarding the root causes of the Korean financial crisis,
I have discussed fundamentals-based views, such as the moral hazard
view and the transition failure view, from an historical perspective.
The moral hazard theory, which is a typical fundamentals-based
view adopted by the IMF, says that the financial crisis was mainly
due to too much intervention by the government in the markets,
ordering the banks to provide excessive credit to un-creditworthy
chaebols. I have argued that the transition failure view from an
historical perspective is more plausible than the moral hazard view
in explaining the fundamental cause of the financial crisis. The
transition failure view says that the process of transitioning from
a government-oriented economy to a market-oriented economy
resulted in the mismanagement of financial liberalization and the
failure of cross-border capital liberalization, which was caused by
the rapid build-up of private foreign debts and an unstable foreign
debt structure before the financial crisis.
I have also argued that, although post-crisis financial and
corporate reforms contributed to restoring the Korean economy
from the crisis, those restructuring policies incurred huge costs.
This was due to an inappropriate prescription based on the moral
THE CONCORD REVIEW 259
Endnotes
1
Jang-Sup Shin, and Ha-Joon Chang, Restructuring Korea
Inc. (London: Routledge, 2003) p.97
2
Martin Fackler, Lessons Learned, South Korea Makes
Quick Economic Recovery, New York Times, January 6, 2011
(http://www.nytimes.com/2011/01/07/world/asia)
3
Kyu-Sung Lee, The Korean Financial Crisis of 1997: Onset,
Turnaround, and Thereafter. (Washington DC: World Bank,
2011), p.88
4
The Association of Southeast Asian Nations: a regional
organization located in Southeast Asia, which covers Thailand,
Myanmar, Laos, Cambodia, Vietnam, Malaysia, Singapore, the
Philippines, Indonesia. Of those countries, Thailand, Malaysia,
Singapore, the Philippines and Indonesia severely suffered
from the Asian financial crisis.
5
The term contagion itself is conceptually too broad to
distinguish several different forms of shock that can transfer
across countries (Taimur Baig, and Ilan Goldfajin, Financial
Market Contagion in the Asian Crisis, IMF Staff Papers 46, no.
2 (1999) p.169).
6
Lee, p.13
7
Taimur Baigm, and Ilan Goldfajn, 1998, Financial
Market Contagion in the Asian Crisis, IMF Working
Paper 98/155 (Washington: International Monetary Fund,
November). p.46
8
Stephan Haggard, The Political Economy of the Asian
Financial Crisis. (Washington DC: Institute for International
Economics, 2000) p.3
9
Lee, p.13
10
Korean form of family-owned conglomerate.
11
Lee, p.20
12
Ibid., p.21
13
J. Shin, and H. Chang, p.35
14
Ibid., p.33
15
I. Goldfajn, and R. Valdes, The Aftermath of
Appreciations, Quarterly Journal of Economics 114 (1999) p.229.
16
Menzie D Chinn, Before The Fall: Were East Asian
Currencies Overvalued? Emerging Markets Review 1 (2000)
p.120.
17
G. Kaminsky, and C. Reinhart, On Crisis, Contagion and
Confusion, Journal of International Economics 51, no. 1 (2000)
p.145.
THE CONCORD REVIEW 261
18
C. Van Rijckeghem, Weder B. Sources of Contagion: is
it Finance or Trade? Journal of International Economics 54, no. 2
(2001), p.293.
19
T. Willett, A. Budiman, A. Denzau, G. Jo, C. Ramos and J.
Thomas, The Falsification of Four Popular Hypotheses about
the Asian Crisis, The World Economy 27, no. 1 (2004), p.37.
20
B. Eichengreen, A. Rose, and C. Wyplosz. 1999.
Contagious Currency Crises: Channels of Conveyance. In
Changes in Exchange Rates in Rapidly Development Countries, ed.
Ito and Krueger, Chicago: University of Chicago Press, p.29.
21
Kaminsky and Reinhart, pp.145-146.
22
Ibid., p.160.
23
George Soros, The Crisis of Global Capitalism. (New York:
Public Affair Press, 1998) pp.101-102.
24
G. L. Kaminsky, and S. L. Schmukler. 1999. What
Triggers Market Jitters: A Chronicle of the Asian Crisis.
Journal of International Money and Finance 18 (1999) p.558.
25
Thomas D. Willett, (2000) International Financial
Markets as Sources of Crises or Discipline: The Too Much, Too
Late Hypothesis, Princeton Essays in International Finance No.
218. p.18.
26
Ibid., p.22.
27
M. Goldstein, 1998. The Asian Crisis: Causes, Cures,
and Systemic Implications, Washington, DC: Institute for
International Economics, p.18.
28
Ibid., pp.20-21.
29
P. Krugman 1999. What Happened to Asia? in R. Sato et
al. (eds.) Global Competition and Integration. New York: Kluwer
Academic Publishers. p.315
30
Ibid., p.320.
31
M.P. Dooley, 2000. A Model of Crises in Emerging
Markets, The Economic Journal, 110, p.260.
32
J. Shin, and H. Chang, p.42
33
Ibid., p.44.
34
R Chang, . and A. Velasco, 1998, The Asian Liquidity
Crisis, Federal Reserve Bank of Atlanta Working Paper 98-11. p.46.
35
T. D. Willett, , p.27.
36
J. Shin, and H. Chang, p.66.
37
Ibid., p.45.
38
Ibid., p.82.
39
Ibid., p.70.
40
Lee, p.41.
262 Daniel W. Jo
41
Chang, H., H. Park and C. Yoo, 1998, Interpreting the
Korean Crisis: Financial Liberalization, Industrial Policy and
Corporate Governance, Cambridge Journal of Economics 22,
p.739.
42
Lee, p.59.
43
Ibid., p.58.
44
Ibid., p.57.
45
Park, W. 1996, Financial Liberalization: the Korean
Experience, in T. Ito and A.O. Kruger, eds., Financial
Deregulation and Integration in East Asia, Chicago: Chicago
University Press: p.251.
46
Chang, H., H. Park and C. Yoo, p.738.
47
Lee., p.53.
48
Chang, H., H. Park and C. Yoo, pp.738-739.
49
Ibid., p.739.
50
Lee., p.74.
51
Ibid., p.166.
52
Ibid., p.134.
53
Furman, J. and J. Stiglitz, 1998, Economic Crises:
Evidence and Insights from East Asia, Brookings Papers on
Economic Activity, 1998 (2), pp.96-97.
54
Shin, J. and H. Chang, p.97
55
Ibid., p.97.
56
Lee., p.154.
57
Chang, H., H. Park and C. Yoo, p.742.
58
Lee., p.157.
59
Shin, J. and H. Chang, p.92
60
Ibid., p.103.
61
Ibid., pp.109-110.
62
Ibid., p.104.
Bibliography
Ben Chiacchia
still occurred, and currently only two states, Washington and New
Hampshire (though a third, Delaware, legally has it as an option,
though it switched permanently to lethal injection),21 retain it as
a secondary method.
Electrocution is maintained by eight states as a secondary
method of execution.22 All cases of execution by electrocution in
the United States have used a variant of the electric chair, a device
first used in 1890. The condemned individual is restrained in a
chair, electrodes are attached at the head and legs, and sponges
are used to direct the flow of electricity. The inmate receives any-
where from 500 to 2,000 volts of electricity in the initial shock,
after which subsequent shocks are given until death results. This
method has fallen out of favor due to frequent infliction of burns
to the prisoner and discomfort produced for prison staff and wit-
nesses by the sight of convulsions and burning, the sounds of the
condemned, and the smell produced by burning the inmates
tissues.23
The gas chamber was introduced in Nevada in 1924 as an
attempt at making the process of capital punishment more hu-
mane. As of 2015, five states retain the gas chamber as a secondary
execution means; four utilize hydrogen cyanide gas, while Okla-
homa has listed nitrogen gas asphyxiation as a potential means
of execution in the event that lethal injection is unavailable.24 In
all cases, the condemned is restrained in a chair similar to the
one used in electrocution, after which the gas is introduced. In
the case of hydrogen cyanide, the gas induces unconsciousness
followed by death from poisoning, while in the case of nitrogen
the gas displaces breathable oxygen, leading to asphyxiation.25
While only two states still list death by firing squad as a
secondary execution method, it may see resurgence in Utah as the
primary method of execution due to the lack of available execution
drugs.26 This method requires restraining the prisoner before a
firing squad of five men. Four of the shooters have live ammuni-
tion, while one is given blanks. The shooters target the heart,
and death typically results from blood loss and cardiac trauma.27
270 Ben Chiacchia
peals process for just one case, of convicted murderer and gang
leader Stanley Williams, cost the state of California $1 million,66
and this is not an isolated case. Death penalty appeals often run
into the hundreds of thousands, if not millions of dollars,67 and
often extend the time of incarceration substantially, thus further
burdening the states treasury. Since 1976, California has spent
nearly $4 billion on death row inmates, despite the fact that only
thirteen executions have been performed.68
Proponents of capital punishment have also asserted that
it provides an indispensable tool for law enforcement officials.
Some studies have indicated that authorities in localities without
the death penalty are less successful in securing plea bargains in
murder cases with lengthy sentences compared with jurisdictions
retaining the death penalty.69 Opponents of capital punishment
have argued against these findings, however, citing the success of
non-death penalty states and questioning the quality and validity
of data used in studies regarding the effect of the death penalty
on the plea bargaining process.70
Abolitionists have also countered the idea of coerced plea-
bargaining. Organizations opposed to the death penalty argued
that using death to leverage a plea bargain can force those without
adequate legal representation or those who have been treated
unfairly or unconstitutionally by the police to plead guilty and
accept a lengthy prison term, thus forfeiting their right to a jury
trial for fear of being sentenced to death, regardless of guilt.71
One such case of coercive pleas bargaining leveraged by
capital punishment came with the 1987 conviction of Johnny Lee
Wilson of Aurora, Missouri. Wilson, found to be mentally handi-
capped, was implicated in the murder of a seventy-nine year old
local woman and subsequent arson of her home. While no evidence
of his involvement was discovered, police began investigating the
claim based on a tip from a local boy who had developed a repu-
tation at school as a habitual liar. After duress in multiple hours
of police interrogation, Wilson confessed. While he retracted his
confession, he was still charged with capital murder, to which he
plead no contest to avoid the death penalty. He maintained his
276 Ben Chiacchia
innocence over the next eight years, until finally being exonerated
by then-Missouri governor Mel Carnahan.72
Cases such as this, as well as the twenty death row inmates
exonerated by DNA since 1989,73 evidence supporting the claim
that 4% of those sentenced to death are likely innocent,74 and
dozens of claims of wrongful execution during the previous de-
cades75 provide a reason to abolish capital punishment, as they
view the potential to incarcerate or execute an innocent person
as too high a risk.
Even in instances leading to capital punishment where
plea bargains were not made, duress can be used to extract false
confessions. Though never exonerated or pardoned, the case
of Leo Jones of Florida has attracted considerable attention for
the illegal tactics allegedly used by police during interrogation.
During a twelve-hour interrogation, Jones attorney claimed that
he had been subjected to beatings, threats, and a forced game of
Russian roulette. Eventually, Jones confessed to the murder of a
Jacksonville police officer. Attorneys sought a new trial in light
of new testimony claiming that the police officers intentionally
framed him, and two officers who had arrested and interrogated
Jones had been fired for brutality, a claim that could have poten-
tially corroborated Jones story. However, Jones lost his appeal for
clemency and was executed March 24, 1998.76
In the case of Alan Gell, a North Carolina man wrongfully
sentenced to death for the murder of a truck driver, prosecutorial
misconduct lead to a death penalty conviction. The prosecution
deliberately withheld evidence during trial, including a confession
of perjury from one of Gells accusers, testimony from a number
of witnesses who had seen the victim alive after the alleged date
of the murder, and the statement of a doctor who put the date
of death out of the realm of possibility for Gell to have been the
murderer. Despite this evidence existing since before the first
trial, Gell spent six years on death row before being exonerated
in 2004.77
The debate over capital punishment tends to become less
concrete when the idea of justice becomes a topic of argument.
THE CONCORD REVIEW 277
automatically prevent execution for those for those with low IQs or
who were considered mentally retarded (in a medical and legal
legal sense). Executions for such individuals were ruled unconsti-
tutional in the case Atkins v. Virginia (2002),86 reversing a previous
decision in Penry v. Lynaugh (1989), which had allowed for such
executions at the jurys discretion, though states were allowed to
issue stricter standards than those required under federal law.87
Advocates of capital punishment have highlighted the
importance of closure, or a sense of finality and comfort for the
family and friends of the victim, especially in cases of extreme
brutality, the murder of children, or mass murder cases. To
many death penalty advocates, the emotional pain and suffering
incurred by the relatives of the victims is worse, or at least should
take precedence over the physical pain of execution for the con-
demned, and thus execution serves a role in bringing closure.88
In some cases, including the murders of Tia, Tyron, and Tahlia
Hendricks, a mother and her two children stabbed to death by
Caron Montgomery in Ohio, the death penalty brought closure
according to the family expressed in statements made to the press
in the aftermath of the sentence. Speaking for Tia Hendricks after
the sentence, Anita Hayes was quoted as saying, She [would have]
felt comforted to know that he will be put to death.89
Many studies have indicated, however, that closure is not
a primary concern of many families, and in an increasing number
of cases, victims families have begun to advocate against execu-
tion in capital cases. Groups like California Crime Victims for
Alternatives to the Death Penalty, Murder Victims Families for
Reconciliation, Murder Victims Families for Human Rights, and
Journey of Hope all represent a growing faction of anti-capital
punishment victims groups.90
A recent pushback by victims families was seen in the trial
of Dzhokhar Tsarnaev, the surviving perpetrator of the April 15,
2013 Boston Marathon Bombing. On May 15, 2015, a jury sentenced
Tsarnaev to death for the murders of four people, three killed in
the bombing and one murder in a shootout at the Massachusetts
Institute of Technology.91 What was notable, aside from the fact
280 Ben Chiacchia
Endnotes
1
Hugo Adam Bedau, The Death Penalty in America: Current
Controversies (New York: Oxford University Press, 1997),
3-4, accessed June 30, 2015, https://books.google.com/
books?id=U7Nx-lwlaQAC&printsec=frontcover&dq=death+pen
alty+in+america&hl=en&sa=X&ei=ADCTVbrqFsGggwSUk4KgA
g#v=onepage&q=death%20penalty%20in%20america&f=false.
2
Ibid., 3.
3
Dale S. Recinella, The Biblical Truth About Americas Death
Penalty (Evanston: Northwestern University Press, 2004), 68-70,
accessed June 30, 2015, https://books.google.com/books?id
=vcFfWiOnD1MC&pg=PA66&dq=death+penalty+in+colonia
l+americA&hl=en&sa=X&ei=KGSTVY9ihJU2heuD8A4&ved=
0CDcQ6AEwBA#v=onepage&q=death%20penalty%20in%20
colonial%20americA&f=false
4
Howard W. Allen and Jerome M. Clubb, Race, Class,
and the Death Penalty: Capital Punishment in American History,
(Albany: State University of New York Press, 2008), 38,
accessed June 30, 2015, https://books.google.com/
books?id=XK7Bb-ars74C&pg=PA38&dq=death+penalty+in+
colonial+americA&hl=en&sa=X&ei=KGSTVY9ihJU2heuD8A
4&ved=0CCIQ6AEwAQ#v=onepage&q=death%20penalty%-
20in%20colonial%20americA&f=false
5
Ibid., 38-40.
6
Michael H. Reggio, History of the Death Penalty, in
Societys Final Solution a History and Discussion of the Death Penalty,
ed. Laura E. Randa (Lanham: American University Press,
1997), 1-12.
7
Ibid., 4-7.
8
Ibid., 8.
9
Ibid., 8-9.
10
Ibid., 9.
11
Part I: Introduction to the Death Penalty, Death
Penalty Information Center, accessed July 2, 2015, http://www.
deathpenaltyinfo.org/part-i-history-death-penalty
12
Robert M. Bohm, DeathQuest: An Introduction to the Theory
and Practice of Capital Punishment in the United States, (London:
Routledge, 2011), 13.
13
Reggio, 9-10.
14
Ibid., 9-11.
15
Ibid., 9-11.
294 Ben Chiacchia
16
Executions by Year Since 1976, Death Penalty
Information Center, last modified June 4, 2015, http://www.
deathpenaltyinfo.org/executions-year
17
United States Supreme Court Decisions: 2014-2015
Term, Death Penalty Information Center, last modified June
30, 2015, http://www.deathpenaltyinfo.org/united-states-
supreme-court-decisions-2014-2015-term
18
Methods of Execution, Death Penalty Information Center,
accessed July 2, 2015, http://www.deathpenaltyinfo.org/
methods-execution
19
Descriptions of Execution Methods, Death Penalty
Information Center, accessed July 2, 2014, http://www.
deathpenaltyinfo.org/descriptions-execution-methods
20
Ibid.
21
Methods of Execution.
22
Ibid.
23
Descriptions of Methods of Execution.
24
Methods of Execution.
25
Description of Methods of Execution.
26
Methods of Execution.
27
Description of Methods of Execution.
28
Death Sentences and Executions 2014, Amnesty
International, last modified March 31, 2015, http://www.
amnestyusa.org/research/reports/death-sentences-and-
executions-2014
29
Number of Executions by State and Region Since 1976,
Death Penalty Information Center, last modified June 19, 2015,
http://www.deathpenaltyinfo.org/number-executions-state-
and-region-1976
30
National Statistics on the Death Penalty and Race, Death
Penalty Information Center, last modified June 17, 2015, http://
www.deathpenaltyinfo.org/race-death-row-inmates-executed-
1976?scid=5&did=184
31
Ibid.
32
NEW RESOURCES: Death Row, USA Spring 2014
Now Available, Death Penalty Information Center, last modified
September 19, 2014, http://www.deathpenaltyinfo.org/
node/5890
33
Immanuel Kant, The Science of Right, trans. W. Hastie
(Edinburgh: T&T Clark, 1887), accessed July 3, 2015, http://
intersci.ss.uci.edu/wiki/eBooks/BOOKS/Kant/The%20
Science%20of%20Right%20Kant.pdf
THE CONCORD REVIEW 295
34
Voltaire, The Philosophical Dictionary, trans. H.I. Woolf
(New York: Knopf, 1924), accessed July 3, 2015, https://
history.hanover.edu/texts/voltaire/volcivil.html
35
Cesare Beccaria, On Crimes and Punishments and
Other Writings, trans. Richard Davies, ed. Richard Bellamy,
(Cambridge: Cambridge University Press, 1995), http://
ebooks.cambridge.org/ebook.jsf?bid=CBO9780511802485
36
John D. Bessler, Revisiting Beccarias Vision:
The Enlightenment, Americas Death Penalty, and the
Abolition Movement, Northwestern Journal of Law and Social
Policy 4, no. 2 (2009): 195, accessed July 3, 2015, http://
scholarlycommons.law.northwestern.edu/cgi/viewcontent.
cgi?article=1039&context=njlsp
37
Death Penalty, Gallup, accessed July 3, 2014, http://
www.gallup.com/poll/1606/death-penalty.aspx
38
Julie Bosman, Nebraska Bans Death Penalty, Defying
Veto, The New York Times, May 27, 2015, accessed July 3, 2015,
http://www.nytimes.com/2015/05/28/us/nebraska-abolishes-
death-penalty.html?_r=0
39
David Garland, Modes of Capital Punishment: The
Death Penalty in Historical Perspective, in Americas Death
Penalty: Between Past and Present, eds. David Garland, Randall
McGowen, Michael Meranze (New York: New York University
Press, 2011), 34, accessed July 3, 2015, https://books.google.
com/books?id=u_BoTlIv9R8C&printsec=frontcover&dq=death
+penalty+in+america&hl=en&sa=X&ei=ADCTVbrqFsGggwSUk
4KgAg&ved=0CCQQ6AEwAQ#v=onepage&q&f=false
40
Ibid., 116.
41
ACLU History, American Civil Liberties Union, accessed
July 4, 2015, https://www.aclu.org/about/aclu-history
42
History, NAACP Legal Defense and Education Fund,
accessed July 4, 2015, http://www.naacpldf.org/history
43
Furman v. Georgia, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 4, 2015, http://www.oyez.org/
cases/1970-1979/1971/1971_69_5003/
44
Gregg v. Georgia, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 4, 2015, http://www.oyez.org/
cases/1970-1979/1975/1975_74_6257
45
Death Penalty, Amnesty International USA, accessed July
4, 2015, http://www.amnestyusa.org/our-work/issues/death-
penalty
46
About Us, National Coalition to Abolish the Death Penalty,
accessed July 4, 2015, http://www.ncadp.org/pages/about-us
296 Ben Chiacchia
47
Links to Abolitionist Organizations, The Campaign to Free
Jarvis Jay Masters, accessed July 4, 2015, http://www.freejarvis.
org/abolish/abolish_12.html
48
Death Penalty, Gallup.
49
Death Penalty Information, Justice For All, accessed July
4, 2015, http://www.jfa.net/deathpenalty.html
50
Category Archives: Death Penalty, Klaas Kids Foundation,
accessed July 4, 2015, http://www.klaaskids.org/blog/?cat=86
51
Death Penalty Deters Crime, National Center for Policy
Analysis, last modified June 12, 2007, http://www.ncpa.org/
sub/dpd/index.php?Article_ID=14648
52
Robert Blecker, New York Law School, accessed July 5,
2015, http://www.nyls.edu/faculty/faculty-profiles/faculty_
profiles/robert_blecker/
53
Understanding deterrence, Australian Institute of
Criminology, November 2004, accessed July 5, 2015, http://
www.aic.gov.au/publications/current%20series/crm/21-40/
crm027.html
54
Death Penalty, Gallup.
55
Robert Tanner, Studies Say Death Penalty Deters
Crime, The Washington Post, June 11, 2007, accessed July 5,
2015, http://www.washingtonpost.com/wp-dyn/content/
article/2007/06/11/AR2007061100406.html
56
Committee on Deterrence and the Death Penalty,
Deterrence and the Death Penalty, eds. Daniel S. Nagin and John
V. Pepper (Washington: The National Academies Press, 2012),
accessed July 5, 2015, https://www.law.upenn.edu/live/
files/1529-nagin-full-reportpdf
57
Michael L. Radelet and Traci L. Lacock, Do
Executions Lower Homicide Rates: The Views of Leading
Criminologists, Journal of Criminal Law and Criminology vol.
99, issue 2, article 4 (2009), accessed July 5, 2015, http://
scholarlycommons.law.northwestern.edu/cgi/viewcontent.
cgi?article=7323&context=jclc
58
The Death Penalty and Deterrence, Amnesty
International USA, accessed July 5, 2015, http://www.
amnestyusa.org/our-work/issues/death-penalty/us-death-
penalty-facts/the-death-penalty-and-deterrence
59
Dudley Sharp, Death Penalty and Sentencing
Information, prodeathpenalty.com, last modified October 1,
1997, accessed July 5, 2015, http://www.prodeathpenalty.com/
dp.html#D.Cost
THE CONCORD REVIEW 297
60
Jeffrey A. Fagan, Capital Punishment: Deterrent Effects
& Capital Costs, Columbia Law School, accessed July 5, 2015,
https://www.law.columbia.edu/law_school/communications/
reports/summer06/capitalpunish
61
Costs of the Death Penalty, Death Penalty Information
Center, accessed July 5, 2015, http://www.deathpenaltyinfo.
org/costs-death-penalty
62
Fagan.
63
Costs of the Death Penalty.
64
Death Penalty Appeals Process, Capital
Punishment in Context, accessed July 6, 2015, http://www.
capitalpunishmentincontext.org/resources/dpappealsprocess
65
Ibid.
66
COSTS: Appeals for Last Two Inmates Executed in
California, Death Penalty Information Center, accessed July 6,
2015, http://www.deathpenaltyinfo.org/costs-appeals-last-two-
inmates-executed-california-cost-176-million
67
Ibid.
68
Arthur L. Alarcon and Paula M. Mitchell, Executing the
Will of the Voters?: A Roadmap to Mend or End the California
Legislatures Multi-Billion-Dollar Death Penalty Debacle,
Loyola of Los Angeles Law Review, vol. 44 (2011), accessed July
6, 2015, http://www.deathpenaltyinfo.org/documents/
LoyolaCalifCosts.pdf
69
Kent S. Scheidegger, The Death Penalty and Plea
Bargaining to Life Sentence, Criminal Justice Legal Foundation,
p.1-12, February 2009, accessed July 6, 2015, http://www.cjlf.
org/publications/papers/wpaper09-01.pdf
70
Death Penalty Not Needed to Secure Plea Bargains,
Death Penalty Focus, accessed July 6, 2015, http://deathpenalty.
org/article.php?id=556
71
The Plea Bargain Myth, Equal Justice USA, accessed July
6, 2015, http://ejusa.org/learn/plea%20bargains
72
Maurice Possley, Johnny Lee Wilson, The National
Registry of Exonerations, last modified August 22, 2014,
accessed July 6, 2015, https://www.law.umich.edu/special/
exoneration/Pages/casedetail.aspx?caseid=3454
73
DNA Exonerations Nationwide, Innocence Project, last
modified June 15, 2015, accessed July 6, 2015, http://www.
innocenceproject.org/free-innocent/improve-the-law/fact-
sheets/dna-exonerations-nationwide
74
David Von Drehle, More Innocent People on Death Row
Than Estimated: Study, Time, April 28, 2014, accessed July
298 Ben Chiacchia
6, 2014, http://time.com/79572/more-innocent-people-on-
death-row-than-estimated-study/
75
Executed But Possibly Innocent, Death Penalty
Information Center, accessed July 6, 2015, http://www.
deathpenaltyinfo.org/executed-possibly-innocent
76
Michael Griffin, Cop Killer is Innocent, Attorney
Tells Court, Sun Sentinel, February 25, 1998, accessed July
6, 2014, http://articles.sun-sentinel.com/1998-02-25/
news/9802250141_1_thomas-j-szafranski-electric-chair-leo-
jones
77
Alexandra Gross, Alan Gell, The National Registry of
Exonerations, last modified June 2012, accessed July 6, 2015,
https://www.law.umich.edu/special/exoneration/Pages/
casedetail.aspx?caseid=3236
78
Witherspoon v. Illinois, The Oyez Project at IIT Chicago-
Kent College of Law, accessed July 6, 2015, http://www.oyez.
org/cases/1960-1969/1967/1967_1015
79
Coker v. Georgia, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 6, 2015, http://www.oyez.org/
cases/1970-1979/1976/1976_75_5444
80
Enmund v. Florida, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 6, 2015, http://www.oyez.org/
cases/1980-1989/1981/1981_81_5321
81
Kennedy v. Louisiana, The Oyez Project at IIT Chicago-
Kent College of Law, accessed July 6, 2015, http://www.oyez.
org/cases/2000-2009/2007/2007_07_343
82
Convention on the Rights of the Child, United Nations
Office of the High Commissioner for Human Rights, November
20, 1989, accessed July 6, 2015, http://www.ohchr.org/en/
professionalinterest/pages/crc.aspx
83
Roper v. Simmons, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 6, 2015, http://www.oyez.org/
cases/2000-2009/2004/2004_03_633
84
Lindsey Bever, It took 10 minutes to convict 14-year
old George Stinney Jr. It took 70 years after his execution
to exonerate him, The Washington Post, December 18, 2014,
accessed July 6, 2015, http://www.washingtonpost.com/news/
morning-mix/wp/2014/12/18/the-rush-job-conviction-of-14-
year-old-george-stinney-exonerated-70-years-after-execution/
85
Ford v. Wainwright, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 9, 2015, http://www.oyez.org/
cases/1980-1989/1985/1985_85_5542
THE CONCORD REVIEW 299
86
Atkins v. Virginia, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 10, 2015, http://www.oyez.org/
cases/2000-2009/2001/2001_00_8452
87
Penry v. Lynaugh, The Oyez Project at IIT Chicago-Kent
College of Law, accessed July 10, 2015, http://www.oyez.org/
cases/1980-1989/1988/1988_87_6177
88
Marilyn Peterson Armour and Mark S. Umbreit, The
Ultimate Penal Sanction: Closure For Survivors of Homicide
Victims, Marquette Law Review, pp.383-384, accessed July 10,
2015, http://scholarship.law.marquette.edu/cgi/viewcontent.
cgi?article=1140&context=mulr
89
John Futty, Death penalty brings relief to victims
family, The Columbus Dispatch, May 16, 2012, accessed
July 10, 2015, http://www.dispatch.com/content/stories/
local/2012/05/16/measure-of-relief.html
90
Death Penalty Can Prolong Suffering for Victims
Families, Death Penalty Focus, accessed July 10, 2015, http://
deathpenalty.org/article.php?id=56
91
Ann ONeill, Aaron Cooper, and Ray Sanchez, Boston
Marathon bomber Dzhokhar Tsarnaev sentenced to death,
CNN, May 17, 2015, accessed July 10, 2015, http://www.cnn.
com/2015/05/15/us/boston-bombing-tsarnaev-sentence/
92
Bill Richard and Denise Richard, To end the anguish,
drop the death penalty, The Boston Globe, April 17, 2015,
accessed July 10, 2015, https://www.bostonglobe.com/
metro/2015/04/16/end-anguish-drop-death-penalty/
ocQLejp8H2vesDavItHIEN/story.html
93
Robert Blecker, Among Killers, Searching For the Worst
of the Worst, The Washington Post, December 3, 2000, accessed
July 12, 2015, http://www.washingtonpost.com/archive/
opinions/2000/12/03/among-killers-searching-for-the-worst-
of-the-worst/d48af4b8-dbb2-44d6-9b16-e2966eda7015/
94
Crime and PunishmentThe Story of Capital Punishment,
(London: BBC Four, 2012), Online Video, http://www.bbc.
co.uk/programmes/b0105r8x
95
Ibid.
96
Kant, The Science of Right.
97
Matthew Pearl, Dante and the Death Penalty: How
Capital Punishment Fails its Audience, Legal Affairs, January
2003, accessed July 12, 2015, http://www.legalaffairs.org/
issues/January-February-2003/review_pearl_janfeb2003.msp
300 Ben Chiacchia
98
Arbitrariness in the Application of the Death
Penalty, Death Penalty Focus, accessed July 12, 2015, http://
deathpenalty.org/article.php?id=80
99
Arbitrariness, Death Penalty Information Center, accessed
July 12, 2015, http://www.deathpenaltyinfo.org/arbitrariness
100
Daniel C. Stevenson, Use of the Death Penalty Solves
Nothing, The Tech, vol. 113, issue 52, October 26, 1993,
accessed July 12, 2015, http://tech.mit.edu/V113/N52/
stevenson.52o.html
101
Allen, 38-39.
102
What Does the Bible Say About Capital Punishment
and the Death Penalty?, Christian Bible Reference Site, accessed
July 15, 2015, http://www.christianbiblereference.org/faq_
CapitalPunishment.htm
103
Allen, 39-40.
104
Ibid.
105
Capital punishmentthe death penalty, Ontario
Consultants on Religious Tolerance, accessed July 15, 2015,
http://www.religioustolerance.org/executb.htm
106
Herbert H. Haines, Against Capital Punishment: The
Anti-Death Penalty Movement in America, 1972-1994, (New York:
Oxford University Press, 1996), pp.9-10, accessed July 15,
2015, https://books.google.com/books?id=s3nKg0eiWm0C&p
rintsec=frontcover#v=onepage&q=christianity&f=false
107
American Baptist Resolution on Capital Punishment,
American Baptist Church, accessed July 15, 2015, http://
www.abc-usa.org/wp-content/uploads/2012/06/Capital-
Punishment.pdf
108
Urge Parishes and Dioceses to Study the Death Penalty
and Explore Reasons for Opposition, The Episcopal Church,
accessed July 15, 2015, http://www.episcopalarchives.org/cgi-
bin/acts/acts_resolution.pl?resolution=2000-A083
109
Death Penalty, The Evangelical Lutheran Church in
America, accessed July 15, 2015, http://www.elca.org/Faith/
Faith-and-Society/Social-Statements/Death-Penalty
110
Minutes of the Tenth Plenary Session, The Orthodox
Church in America, accessed July 15, 2015, http://www.
deathpenaltyinfo.org/ortho.pdf
111
Capital Punishment, The Presbyterian Church USA,
accessed July 15, 2015, http://www.presbyterianmission.org/
ministries/101/capital-punishment/
112
The Churchs Anti-Death Penalty Position, United States
Conference of Catholic Bishops, accessed July 15, 2015, http://
THE CONCORD REVIEW 301
www.usccb.org/issues-and-action/human-life-and-dignity/
death-penalty-capital-punishment/catholic-campaign-to-end-
the-use-of-the-death-penalty.cfm
113
End the Death Penalty, Unitarian Universalist Association,
July 15, 2015, http://www.uua.org/statements/end-death-
penalty
114
Capital Punishment, United Church of Christ, accessed
July 15, 2015, http://www.ucc.org/justice_criminal-justice_
death-penalty
115
The Death Penalty, The United Methodist Church,
accessed July 15, 2015, http://archives.umc.org/interior.
asp?ptid=1&mid=6385
116
Frequently Asked Questions, Lutheran Church: Missouri
Synod, accessed July 17, 2015, http://www.lcms.org/faqs/
lcmsviews#contemporary
117
On Capital Punishment, Southern Baptist Convention,
accessed July 17, 2015, http://www.sbc.net/resolutions/299
118
Capital Punishment, Assemblies of God, accessed July
17, 2015, http://www.ag.org/top/Beliefs/contempissues_08_
capital_punish.cfm
119
Capital Punishment, The Church of Jesus Christ of
Latter-Day Saints, accessed July 17, 2015, http://www.
mormonnewsroom.org/official-statement/capital-punishment
120
Humanism and the Death Penalty, American Humanist
Association, accessed July 18, 2015, http://americanhumanist.
org/HNN/details/2012-06-humanism-and-the-death-penalty
121
Judaism and the Death Penalty; Of Two Minds but One
Heart, Orthodox Union Advocacy Center, accessed July 18, 2015,
http://advocacy.ou.org/2004/judaism-and-the-death-penalty-
of-two-minds-but-one-heart/
122
Position of the Reform Movement on the Death
Penalty, Religious Action Center of Reform Judaism, accessed July
18, 2015, http://www.rac.org/position-reform-movement-
death-penalty?id=1665&pge_prg_id=8089&pge_id=2396
123
Descriptions of Methods of Execution.
124
Ibid.
125
Ibid.
126
Ibid.
127
Ibid.
128
Ibid.
129
Ziva Branstetter, Death row inmate killed teen because
she wouldnt back down, Tulsa World, April 20, 2014, accessed
July 18, 2015, http://www.tulsaworld.com/news/courts/death-
302 Ben Chiacchia
row-inmate-killed-teen-because-she-wouldn-t-back/article_
e459564b-5c60-5145-a1ce-bbd17a14417b.html?mode=story
130
Ben Crair, Cruel But Not Unusual: How Oklahoma
botched Clayton Locketts execution, The New Republic, April
30, 2014, accessed July 18, 2015, http://www.newrepublic.
com/article/117585/clayton-lockett-execution-botched-
problem-lethal-injection
131
Zachary Fine, Executing Them Softly, The New York
Times, February 9, 2015, accessed July 19, 2015, http://
opinionator.blogs.nytimes.com/2015/02/09/death-penalty-
pain/?_r=0
132
Judge Roy Moore, No Right to a Painless Death Penalty,
WND, October 3, 2007, accessed July 19, 2015, http://www.
wnd.com/2007/10/43823/
133
Lawrence Hummer, I witnessed Ohios execution of
Dennis McGuire. What I saw was inhumane, The Guardian,
January 22, 2014, accessed July 21, 2015, http://www.
theguardian.com/commentisfree/2014/jan/22/ohio-
mcguire-execution-untested-lethal-injection-inhumane
134
Dr. Karen Harrison and Anouska Tamony, Death
Row Phenomenon, Death Row Syndrome, and Their
Affect On Capital Cases in the US, Internet Journal
of Criminology, accessed July 21, 2015, http://www.
internetjournalofcriminology.com/Harrison_Tamony_%20
Death_Row_Syndrome%20_IJC_Nov_2010.pdf
135
Death penalty increasingly viewed as torture, UN
special rapporteur finds, Office of the High Commissioner for
Human Rights, October 23, 2012, accessed July 21, 2015,
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.
aspx?NewsID=12685&LangID=E
136
We Believe in America: Republican Platform, Republican
National Convention, 2012, accessed July 21, 2015, https://cdn.
gop.com/docs/2012GOPPlatform.pdf
137
Lydia Saad, U.S. Death Penalty Support Stable at 63%,
Gallup, December 2012, accessed July 21, 2015, http://www.
gallup.com/poll/159770/death-penalty-support-stable.aspx
138
Our Platform: The 2012 Democratic Platform, The
Democratic Party, 2012, accessed July 21, 2015, https://www.
democrats.org/party-platform#ensuring-safety
139
Saad.
140
Ibid.
141
Christopher Hitchens, Fool Me Thrice, Slate, January
28, 2008, accessed July 21, 2015, http://www.slate.com/
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articles/news_and_politics/fighting_words/2008/01/fool_
me_thrice.html
142
Peter Applebome, THE 1992 CAMPAIGN: Death
Penalty; Arkansas Execution Raises Questions on Governors
Politics, The New York Times, January 25, 1992, accessed July
21, 2015, http://www.nytimes.com/1992/01/25/us/1992-
campaign-death-penalty-arkansas-execution-raises-questions-
governor-s.html
143
Roger Simon, Questions that kill candidates careers,
Politico, April 20, 2007, accessed July 21, 2015, http://www.
politico.com/news/stories/0407/3617.html
144
Beth Schwartzapfel and Bill Keller, Willie Horton
Revisited, The Marshall Project, May 13, 2015, accessed July 21,
2015, https://www.themarshallproject.org/2015/05/13/willie-
horton-revisited
145
Arbitrariness.
146
Frank R. Baumgartner, The Geography of the Death
Penalty, The University of North Carolina at Chapel Hill,
October 17, 2010, accessed July 21, 2015, http://www.unc.
edu/~fbaum/Innocence/NC/Baumgartner-geography-of-
capital-punishment-oct-17-2010.pdf
147
Inadequate Legal Representation, Death Penalty Focus,
accessed July 21, 2015, http://deathpenalty.org/article.
php?id=83
148
Allen, 69.
149
Race of Death Row Inmates Executed Since 1976, Death
Penalty Information Center, accessed July 21, 2015, http://www.
deathpenaltyinfo.org/race-death-row-inmates-executed-1976
150
Black or African American Populations, Centers for
Disease Control and Prevention, accessed July 21, 2015, http://
www.cdc.gov/minorityhealth/populations/REMP/black.html
151
Race of Death Row Inmates Executed Since 1976.
152
State and County QuickFacts, United States Census
Bureau, accessed July 21, 2015, http://quickfacts.census.gov/
qfd/states/00000.html
153
Race of Death Row Inmates Executed Since 1976.
154
Facts for Features: Hispanic Heritage Month 2014: Sept.
15Oct. 15, United States Census Bureau, September 8, 2014,
accessed July 21, 2015, http://www.census.gov/newsroom/
facts-for-features/2014/cb14-ff22.html
155
Race of Death Row Inmates Executed Since 1976.
156
Expanded Homicide Data, Federal Bureau of Investigation,
accessed July 21, 2015, https://www.fbi.gov/about-us/cjis/
304 Ben Chiacchia
ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/offenses-
known-to-law-enforcement/expanded/expandhomicidemain
157
Women and the Death Penalty, Death Penalty Information
Center, accessed July 21, 2015. http://www.deathpenaltyinfo.
org/women-and-death-penalty#facts
Bibliography
http://www.nytimes.com/1992/01/25/us/1992-campaign-
death-penalty-arkansas-execution-raises-questions-governor-s.
html
Armour, Marilyn Peterson and Mark S. Umbreit. The
Ultimate Penal Sanction: Closure For Survivors of Homicide
Victims. Marquette Law Review, 383-384. Accessed July 10,
2015. http://scholarship.law.marquette.edu/cgi/viewcontent.
cgi?article=1140&context=mulr
Assemblies of God. Capital Punishment. Accessed July
17, 2015. http://www.ag.org/top/Beliefs/contempissues_08_
capital_punish.cfm
Baumgartner, Frank R. The Geography of the Death
Penalty. The University of North Carolina at Chapel Hill.
October 17, 2010. Accessed July 21, 2015. http://www.unc.
edu/~fbaum/Innocence/NC/Baumgartner-geography-of-
capital-punishment-oct-17-2010.pdf
Beccaria, Cesare. On Crimes and Punishments and Other
Writings, translated by Richard Davies, edited by Richard
Bellamy. Cambridge: Cambridge University Press, 1995.
Accessed July 3, 2015. http://ebooks.cambridge.org/ebook.
jsf?bid=CBO9780511802485
Bedau, Hugo Adam. The Death Penalty in America: Current
Controversies. New York: Oxford University Press, 1997. Accessed
June 30, 2015. https://books.google.com/books?id=U7Nx-lwla
QAC&printsec=frontcover&dq=death+penalty+in+america&hl=
en&sa=X&ei=ADCTVbrqFsGggwSUk4KgAg#v=onepage&q=dea
th%20penalty%20in%20america&f=false
Bessler, John D. Revisiting Beccarias Vision: The
Enlightenment, Americas Death Penalty, and the Abolition
Movement, Northwestern Journal of Law and Social Policy issue
4, number 2 (2009): 195. Accessed July 3, 2015. http://
scholarlycommons.law.northwestern.edu/cgi/viewcontent.
cgi?article=1039 &context=njlsp
Bever, Lindsey. It took 10 minutes to convict 14-year
old George Stinney Jr. It took 70 years after his execution
to exonerate him. The Washington Post. December 18, 2014.
Accessed July 6, 2015. http://www.washingtonpost.com/news/
morning-mix/wp/2014/12/18/the-rush-job-conviction-of-14-
year-old-george-stinney-exonerated-70-years-after-execution/
Blecker, Robert. Among Killers, Searching for the Worst of
the Worst. The Washington Post. December 3, 2000. Accessed
July 12, 2015. http://www.washingtonpost.com/archive/
306 Ben Chiacchia
opinions/2000/12/03/among-killers-searching-for-the-worst-of-
the-worst/d48af4b8-dbb2-44d6-9b16-e2966eda7015/
Bohm, Robert M. DeathQuest: An Introduction to the Theory
and Practice of Capital Punishment in the United States, London:
Routledge, 2011.
Bosman, Julie. Nebraska Bans Death Penalty, Defying
Veto. The New York Times, May 27, 2015. Accessed July 3, 2015.
http://www.nytimes.com/2015/05/28/us/nebraska-abolishes-
death-penalty.html?_r=0
Branstetter, Ziva. Death row inmate killed teen because
she wouldnt back down. Tulsa World. April 20, 2014. Accessed
July 18, 2015. http://www.tulsaworld.com/news/courts/death-
row-inmate-killed-teen-because-she-wouldn-t-back/article_
e459564b-5c60-5145-a1ce-bbd17a14417b.html?mode=story
Capital Punishment in Context. Death Penalty
Appeals Process. Accessed July 6, 2015. http://www.
capitalpunishmentincontext.org/resources/dpappealsprocess
Centers for Disease Control and Prevention. Black or
African American Populations. Accessed July 21, 2015. http://
www.cdc.gov/minorityhealth/populations/REMP/black.html
Christian Bible Reference Site. What Does the Bible Say
About Capital Punishment and the Death Penalty? Accessed
July 15, 2015. http://www.christianbiblereference.org/faq_
CapitalPunishment.htm
Committee on Deterrence and the Death Penalty. Deterrence
and the Death Penalty, edited by Daniel S. Nagin and John V.
Pepper. Washington: The National Academies Press, 2012.
Accessed July 5, 2015. https://www.law.upenn.edu/live/
files/1529-nagin-full-reportpdf
Crair, Ben. Cruel But Not Unusual: How Oklahoma
botched Clayton Locketts execution. The New Republic. April
30, 2014. Accessed July 18, 2015. http://www.newrepublic.
com/article/117585/clayton-lockett-execution-botched-
problem-lethal-injection
Crime and PunishmentThe Story of Capital Punishment.
Online Video. 2012. London: BBC Four, 2012. Film. http://
www.bbc.co.uk/programmes/b0105r8x
Death Penalty Focus. Arbitrariness in the Application
of the Death Penalty. Accessed July 12, 2015. http://
deathpenalty.org/article.php?id=80
Death Penalty Focus. Death Penalty Can Prolong Suffering
for Victims Families. Accessed July 10, 2015. http://
deathpenalty.org/article.php?id=56
THE CONCORD REVIEW 307
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SUBMISSIONS
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