Feb. 16th, 2011

pecunium: (Pixel Stained)
Is more what he does than what he says.

The stupid... it continues.

Mississippi has been petitioned by the Sons of Confederate Veterans to grant a license plate honoring Nathan Bedford Forrest. It's a part of the continuing attempt to whitewash the past, and make the cause of the Civil War (which, of course the SCV refers to as, "The War Between the States" as if that somehow changes things. For the record, I also think the US came about because of a revolution, not a "War for Independence", but I digress), some abstract issue related to the rights of states.

It was about states' rights, but it wasn't at all abstract. it was about the right of states to declare other human beings to be property. Neither was it one in which states were seen as sacrosanct. The whole point of Dred Scott was that states didn't have the right to grant rights to escaped slaves. The Fugitive Slave Act was all about forcing other states to enforce the idea of slavery in non-slave states.

Which brings is to Mr. Forrest. Why is he being honored? He was a good general... for values of good which include having his troops engage in a wholesale massacre of enemy troops who had surrendered at Ft. Pillow

The circumstances after the battle have made it a cause celèbre, even to the present. The results of the battle were sensational (Forrests losses were about 20 killed, and 80 wounded, the defenders had 231 dead, 100 wounded and 226 captured. Of the black troops, 75 were among the captured; they made up more than half the total of the garrison.

Confederate apologists argue it wasn't a massacre, that the losses were in the fighting, and the numbers reflect on Forrest's genius as a commander. I've seen some compare it to Jackson at New Orleans (where the dead on the US side numbered less than five). This might be more believable if Forrest had been, like Jackson, in defense.

More to the point, the report from the gunboat commander Forrest allowed to bury the dead says, We found about 70 wounded men in the fort and around it, and buried, I should think, 150 bodies. All the buildings around the fort and the tents and huts in the fort had been burned by the rebels, and among the embers the charred remains of numbers of our soldiers who had suffered a terrible death in the flames could be seen.
All the wounded who had strength enough to speak agreed that after the fort was taken an indiscriminate slaughter of our troops was carried on by the enemy with a furious and vindictive savageness which was never equaled by the most merciless of the Indian tribes. Around on every side horrible testimony to the truth of this statement could be seen. Bodies with gaping wounds, some bayoneted through the eyes, some with skulls beaten through, others with hideous wounds as if their bowels had been ripped open with bowie-knives, plainly told that but little quarter was shown to our troops. Strewn from the fort to the river bank, in the ravines and hollows, behind logs and under the brush where they had crept for protection from the assassins who pursued them, we found bodies bayoneted, beaten, and shot to death, showing how cold-blooded and persistent was the slaughter of our unfortunate troops.
Of course, when a work is carried by assault there will always be more or less bloodshed, even when all resistance has ceased; but here there were unmistakable evidences of a massacre carried on long after any resistance could have been offered, with a cold-blooded barbarity and perseverance which nothing can palliate.


Compare the details of wounds, with this comment from Forrest's report on the battle.

My loss in the engagement was 20 killed and 60 wounded. That of the enemy unknown. Two hundred and twenty-eight were buried on the evening of the battle, and quite a number were buried the next day by details from the gun-boat fleet....
I cannot compliment too highly the conduct of Colonels Bell and McCulloch and the officers and men of their brigades, which composed the forces of Brigadier-General Chalmers. They fought with courage and intrepidity, and without bayonets assaulted and carried one of the strongest fortifications in the country....
In closing my report I desire to acknowledge the prompt and energetic action of Brigadier-General Chalmers, commanding the forces around Fort Pillow. His faithful execution of all movements necessary to the successful accomplishment of the object of the expedition entitles him to special mention. He has reason to be proud of the conduct of the officers and men of his command for their gallantry and courage in assaulting and carrying the enemy's work without the assistance of artillery or bayonets.


If they didn't use bayonets in the taking of the fort., which he stresses.. whence the wounds?

Before the war Forrest made his fortune in trading slaves.



There is the nature of the man who fought for slavery. A comfortable jail for his "consignment goods" no different than any other sort of property; save that this property also happened to be human.

After the war... he founded the Ku Klux Klan. He helped establish the culture of Jim Crow. What, one wonders, do the SCV have to say about that?

Sons of Confederate Veterans member Greg Stewart told The Associated Press last week he believes Forrest distanced himself from the Klan later in life. It's a point many historians agree upon, though some believe it was too little, too late, because the Klan had already turned violent before Forrest left.

"If Christian redemption means anything – and we all want redemption, I think – he redeemed himself in his own time, in his own actions, in his own words," Stewart said. "We should respect that."


Stuff and nonsense. First, this is a question of gov't recognition, so his "Come to Jesus Moment" isn't relevant, to that aspect of the argument. Second, the sum of Forrest's life (slave dealer, traitor, vigilante, organiser of Jim Crow and the idea of "keeping the nigger in his place"), those are the things he did. They are what he stood for.

Why, I wonder, to the people of Mississippi need to commemorate a man from Tennessee? Have they no traitorous, slave dealing, racists of their own to celebrate?
pecunium: (Pixel Stained)
South Dakota is a lovely place, at least the parts I've seen (i.e. the Black Hills, and the western edge of the state). I enjoyed the times I've spent in Rapid City, Spearfish, and Deadwood.

South Dakota has some of the most inimical laws in regards to abortion in the country, heck they've tried to have laws making it risky to be a judge (it was a ballot initiative, and it lost, but...), as well as their attempt to outright ban it in the same time frame.

The citizenry killed the ban (and the proposed law in that link), but the legislature continues. The present flap is about an explicit extension of the principle of justifiable homicide.

FOR AN ACT ENTITLED, An Act to expand the definition of justifiable homicide to provide for the protection of certain unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-16-34 be amended to read as follows:
22-16-34. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.
Section 2. That § 22-16-35 be amended to read as follows:
22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being


The author of the bill says it's to make the law coherent, Jensen insisted that the bill's primary goal is to bring "consistency" to South Dakota criminal code, which already allows people who commit crimes that result in the death of fetuses to be charged with manslaughter. The new measure expands the state's definition of "justifiable homicide" by adding a clause applying it to someone who is "resisting any attempt" to murder of an unborn child or to harm an unborn child in a way likely to result in its death.

When I asked Jensen what the purpose of the law was, if its target isn't abortion providers, he provided the following example:

"Say an ex-boyfriend who happens to be father of a baby doesn't want to pay child support for the next 18 years, and he beats on his ex-girfriend's abdomen in trying to abort her baby. If she did kill him, it would be justified. She is resisting an effort to murder her unborn child."

(Sponsor defends bill)

Let's take a look at those laws which need to be, "clarified".

22-16-1.1. Fetal homicide--Felony--Application. Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:
(1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or
(2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or
(3) If perpetrated without any design to effect death by a person engaged in the commission of any felony.
Fetal homicide is a Class B felony.
This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.


Ok, we've got the explicit exemption which covers Jensen in the statement that someone who used this in the way Scott Roeder tried to make an affirmative defense of justifiable homicide in his assassination of Dr. Tiller wouldn't be able to use this as a successful defense.


22-16-35. Justifiable homicide--Defense of person--Defense of other persons in household. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

Seems to me that already covers the examples Jensen gave.

22-16-34. Justifiable homicide--Resisting attempted murder--Resisting felony on person or in dwelling house. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

With that it seems the expansion isn't needed. I do wonder at the use of "master/mistress" (I suspect they are not talking about a lover not one's wife, but I could be wrong). If one is updating the law, the need to specifically include one's servants (and the reciprocal) in the list of people in a dwelling who can be protected seems a bit silly.

If you try to kill a fetus, without it being an abortion, that's a felony, under 22-16-1.1, Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her.

So Jensen is full of shit when he says there is a legal limbo for someone who kills someone trying to beat a fetus to death. At least two felonies are taking place, either one of which allows for killing the offender.

Which raises the question... since there is no substantive change in the meaning of the law, why change the phrasing?

1: To create an atmosphere more hostile to abortion providers

2: To create a status of," fetal person"

2a To bootstrap that "fetal person" into a status which defines abortion as murder, and makes it possible to ban.

3: To make it possible to legally kill abortion providers.

Three seems to be not the actual case; the laws in S. Dakota clearly make providing abortion legal (if really limited, and difficult... compare Section 22 of the code, which deals with homicide/suicide, to the sections which address abortion. It' s a much longer list for the latter, and has stuff like, 34-23A-1.3. Legislative findings--Relationship between pregnant woman and unborn child. The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation. which gets used to justify mandatory counseling, and, "cooling off" periods after the counseling), but I am certain the first is part of the agenda. They want the state to be seen as hostile to abortion, the providing, and the receiving.

This supports the ideology of the people who brag about how "Wichita has been cleansed, since Scott Roeder assassinated Dr. George Tiller.

Visit msnbc.com for breaking news, world news, and news about the economy



More on that

Visit msnbc.com for breaking news, world news, and news about the economy


So, I think it's several things, most of them implicit to the legislation. I think this because the explicit explanation is patently false. It is, at the very least, a dog whistle to the anti-choice crowd that S. Dakota is "on their side."

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