Andehrs Behring Breivik no encaja en ninguna categoría existente de actuación violenta o política. Como lo revela su manifiesto, que dará que hablar durante años, Breivik es un terrorista sui generis.Brevemente, Breivik es un joven noruego que el pasado viernes cometió dos ataques terroristas. En el primero detonó una bomba en el distrito gubernamental de Oslo. En el segundo apareció disfrazado de policía en una pequeña isla donde se celebraba una reunión anual de las juventudes del Partido Laborista del país, y atacó a la multitud con armas y municiones de guerra.El manifiesto que el agresor envió a algunos miles de contactos horas antes de cometer el ataque es una obra sin precedentes en la historia de la acción criminal e ideológica. En primer lugar, el texto suma más de mil quinientas páginas, de las cuales Breivik es el autor de más de la mitad. En segundo lugar, la obra está escrita en perfecto inglés, con el objetivo expreso de difundir la ideología ahí presentada a la mayor cantidad de personas posible. En tercer lugar, los contenidos del trabajo son muy variados y llegan a un nivel de detalle inaudito. Este último aspecto es lo que hace de Breivik y su manifiesto algo extraordinario. Entre otras cosas, el lector encontrará:Una exposición detallada de la ideología política del autor (a la cual llama "Cultural conservatism or a nationalist/conservative direction"), con discusiones sobre Antonio Gramsci, György Lukács, Karl Marx, la historia del comunismo, tablas estadísticas sobre la demografía europea y otros elementos.Una descripción de los orígenes de la organización que pretende tener detrás, la Pauperes commilitones Christi Templique Solomonici o PCCTS. El nombre es el término en latín para la orden medieval monástica y militar más conocida como los Templarios.Una guía meticulosa sobre cómo comprar los ingredientes para la elaboración de explosivos, así como su preparación, su detonación en ensayos, e incluso dónde y cómo esconderlos.Una guía similar para la obtención de armas, con discusiones de diversas fuentes como la mafia albanesa o la rusa. También explica cómo preparar una armadura de combate, así como los principios del combate urbano con armas de fuego.Una bitácora de su "trabajo" desde 2002 en adelante, que incluye su dieta con detalles sobre su ingestión de proteínas y su rutina diaria.Un presupuesto de toda su "obra" desde ese año en adelante. Breivik afirma haber invertido €317.000 a lo largo de una década en su "proyecto".Instrucciones para la construcción de su epitafio.Instrucciones para la implementación de un sistema de medallas, uniformes y ritos para la orden neo-templaria, con diagramas, nombres y criterios para la aplicación de cada una.Pasos básicos de contra-inteligencia para evitar ser detectado.Un currículum vitae completo.No hay cuestiones de menor importancia para Breivik: el ensayo también incluye discusiones detalladas sobre el estado actual de la educación terciaria en Estados Unidos y Europa, extensas explicaciones sobre la teología y la historia islámica, críticas hacia las letras del hip-hop misógino estadounidense, listas de canciones inspiradoras, etc. Una enorme proporción de los textos, como el propio Breivik admite, son de autores con argumentos válidos y que están muy lejanos de promover o aceptar actos de violencia como el suyo.El cuadro que ofrece la lectura de este ensayo es de una persona de una enorme inteligencia, capacidad de organización y, sobre todo, disciplina. Breivik es un individuo altamente preparado física y mentalmente para la grotesca tarea que se propuso. Tal como indica su ensayo, ya tiene preparados los discursos que realizará en su juicio, que pretende que sea altamente público. Antes de lanzar su ataque ya tenía decidido qué criterios aplicaría con el abogado que le asignara el estado, lo que le contestará al juez y demás quienes le digan que es un criminal psicótico, y cómo planea que termine el juicio.Esto último hace que sea poco probable que aparezcan otros Breiviks – aunque sigue siendo posible. Resulta simplemente increíble que pueda haber otro individuo que comparta la misma ideología hasta el mismo nivel de compromiso, y que sobre todo elija seguir el mismo camino.Breivik se ve a sí mismo como una persona fuertemente politizada, por lo cual es necesario discutirlo en esos términos. De los primeros que surgen apuradamente en los medios –seguramente por no haber leído el manuscrito-, no se aplica casi ninguno. Breivik no es nacionalsocialista o "neo-nazi"; tampoco es asimilable al Unabomber (por más que haya coincidencias en sus textos), ni al Ku Klux Klan o a los partidos nacionalistas europeos.De hecho, quizá la forma más correcta de definir a Breivik es resucitando el significado verdadero de un término muy abusado: "de derecha". Breivik ha elegido responder a la amenaza que percibe en Europa, que es sin dudas el Islam, con un remedio neo-medieval. En su ensayo, Breivik postula que la forma óptima de organización política en Europa debe estar basada en la monarquía, y no en repúblicas:"The king or queen of a country is more democratic than a president ever could be because he or she represents all citizens." (el original no es de Breivik).El noruego está a favor de la fusión de todas las iglesias bajo el Papa nuevamente, aún siendo él mismo luterano (no practicante, a diferencia de lo que sugieren los medios). La nueva mega-Iglesia tendría un monopolio público de la religión, así como acceso privilegiado a los contenidos de la educación y los medios. Su visión de una sociedad conservadora es esta: "Ladies should be wives and homemakers, not cops or soldiers (…) Children should not be born out of wedlock. Glorification of homosexuality should be shunned."Aunque Breivik dedica literalmente cientos de páginas a textos sobre la historia de la violencia islámica contra Europa (y también sobre el caso opuesto), en ningún momento menciona los más de mil años de calamidades, miseria y sufrimiento humano que fueron consecuencia directa del sistema medieval-monárquico-eclesiástico.El principal objetivo de Breivik y sus "templarios" es la erradicación de la presencia del Islam en Europa a través de tres modalidades. La primera es la conversión al cristianismo (incluyendo como variable su creación intelectual más débil, los cristianismos "agnóstico" y "ateo"). Esta vía tiene clarísimos componentes anti-liberales y anti-democráticos, ya que los musulmanes conversos deberían renunciar a sus nombres, idiomas, vínculos con sus países de origen (incluso por vía electrónica) y otras cuestiones básicas. Para Breivik, incluso será necesario que "All traces of Islamic culture in Europe will be eradicated, even locations considered historical" – algo por definición poco "conservador".Además, Breivik no tiene ilusiones sobre el "liberalismo islámico": "to take the violence out of Islam would require it to jettison two things: the Quran as the word of Allah and Muhammad as Allah's prophet. In other words, to pacify Islam would require its transformation into something that it is not."La segunda modalidad de erradicación del Islam es la limpieza cultural, que consistiría de deportaciones o expulsiones (Breivik menciona muchos modelos, incluyendo las gigantescas ordenadas por Stalin). La última es la exterminación.Es en referencia a esto último que Breivik dedica un pasaje a discutir a Adolf Hitler y el nacionalsocialismo. El autor se aleja de estos claramente, aunque por razones muy diferentes de las del ciudadano común. Su explicación es que la "causa" nacionalsocialista y el liderazgo de Hitler destruyeron a los nacionalismos europeos por más de un siglo (es decir, hasta bien entrado el siglo XXI), porque optaron directamente por el camino de la exterminación. El resultado fue una guerra que terminó en derrota, y la entrega del continente al bolchevismo y uno de sus herederos, la socialdemocracia multicultural.Esto explica una de las principales diferencias entre Breivik y el movimiento neo-nacionalsocialista es su posición respecto a Israel y los judíos. El terrorista noruego interpreta al estado israelí como un modelo a seguir de "reunión nacional" étnica, y simpatiza enormemente con su lucha anti-jihad. Ergo, para Breivik se trata de un aliado ante un enemigo en común. El mismo principio aplica Breivik, quien se define como anti-racista, a las alianzas que propone con asiáticos orientales, hindúes y otros con tal de luchar contra el Islam.A quien sí defiende Breivik abiertamente es a Slobodan Milosevic. De hecho, el noruego argumenta que fueron los ataques de la OTAN a la Serbia de ese dictador genocida lo que primero despertó su instinto conservador. Esa podría ser una pista significativa para entender el rompecabezas ideológico del agresor, ya que las dos intervenciones internacionales en Yugoslavia ocurrieron antes del Once de septiembre, que es el gran disparador de la actual preocupación por la jihad entre muchos occidentales.En la visión de Breivik, quizá el sistema de organización social ideal sería elapartheid, pero a diferencia del caso de Sudáfrica, no dentro de un país. Para él, los judíos deberían haber sido expulsados de Europa en los 1930s; ahora deberían ser expulsados los musulmanes. El autor incluso menciona los casos de países de Asia Oriental del presente, como Corea del Sur y Japón, como ejemplos de naciones étnicamente homogéneas y prósperas. Evidentemente, Breivik es una persona que piensa en términos profundamente colectivistas. No hay derechos individuales para las personas que no forman parte de su grupo. Esta forma de concebir el mundo, sumada a la forma en que Breivik se presenta como líder de un movimiento ideológico violento, lo hacen similar a figuras como Lenin, Hitler, Mao, el Che Guevara u Osama bin Laden.De hecho, como todo pretendiente a líder carismático, Breivik incluye en su manifiesto instrucciones para tener preparadas fotografías en las que el atacante se "vea bien", pensando en el momento en el cual su rostro sea visto por el mundo – tal como está ocurriendo ahora. Así se lo propuso Breivik: "As a Justiciar Knight you will go into history as one of the most influential individuals of your time. So you need to look your absolute best and ensure that you produce quality marketing material prior to operation." El texto incluso recomienda utilizar una cama solar y aplicarse maquillaje antes de tomarse las fotografías.El aspecto más sorprendente del planteo de Breivik es el blanco que escogió para su ataque. Al leer el inmenso manifiesto y contrastarlo con los hechos de los días pasados, es inevitable quedarse con la sensación de que fue todo una excusa para perpetrar un acto de extrema violencia contra jóvenes inocentes (y desarmados, por supuesto). El manifiesto incluso lo admite con una subsección entera: "The cruel nature of our operations". Breivik explica que aunque el enemigo objetivo es el Islam en Europa, el objetivo inmediato son los europeos que han trabajado durante cerca de medio siglo para que exista esa presencia islámica en la región.Estos son, para el noruego, los multiculturalistas, marxistas y demás miembros de una suerte de élite europea. De hecho, su objetivo explícito es que para el año 2020 ocurran golpes de estado en diversos países de Europa occidental (junto con la abolición de la Unión Europea), de modo de instalar regímenes conservadores que trabajen para la eliminación simultánea del marxismo multicultural y del Islam.Estas élites y su "political correctness" son las responsables, para Breivik, de que no se puedan discutir abiertamente cuestiones que preocupan a un nacionalista conservador como él. La principal de ellas es la presencia de musulmanes en Europa. La sección tres del manifiesto es fundamental, porque tras más de 750 páginas de "diagnóstico" sobre el estado actual de Europa, el autor quiebra con todos los demás que citó y anuncia su alejamiento de la vía pacífica. Por ejemplo, en la página 791 aparece, como un subtítulo más, un anuncio importante: "Why armed resistance against the cultural Marxist/multiculturalist regimes of Western Europe is the only rational approach".De hecho, en esa sección hay varias páginas dedicadas a enunciar los cargos legales que se le imputan a multiplicidad de líderes europeos. Como parte de su gigantesca acusación contra el sistema político-social europeo de posguerra, Breivik incluso ofrece cálculos específicos de las cantidades de europeos cuyos derechos han sido violados de diversas maneras por los efectos de esas políticos, que van desde la violación y el asesinato hasta los despidos de personas. Todos se imputan, en conjunto y criminalmente, a estas "élites" cuya muerte se anuncia poco a poco.En lugar de estas personas aparecerá, en palabras de Breivik, un "cultural conservative tribunal" en cada país que implemente un nuevo régimen político. Como parte de esta iniciativa, aparecen mencionadas casualmente algunas medidas atroces: "All Muslims are to be immediately deported to their country of origin. Each family (family head) will receive 25 000 Euro providing they accept the deportation terms. Anyone who violently resists deportation will be executed". Breivik también prevé compensaciones financieras para los sujetos que fueron "víctimas intelectuales" del sistema previo, así como específicamente para los ciudadanos de Serbia por el bombardeo de OTAN. También incluye los parámetros de su propia "ley de medios", por utilizar un desafortunado término rioplatense, que implica la imposición de cuotas de periodistas e intelectuales "conservadores" y nacionalistas en diversas organizaciones mediáticas.El método que ha elegido Breivik, conscientemente sin duda, es similar al viejo anarquismo de la propaganda por el hecho, que consiste de atacantes solitarios que cometen actos espectaculares de demostración e inspiración ideológica. El noruego llama a su campaña de violencia "A Declaration of pre-emptive War" contra sus dos enemigos. Breivik indica claramente que aquellos que existan como él actualmente en Europa son pocos pero que están en aumento; su ataque está pensado para encender la chispa de la conmoción en la región, lo cual incluiría también la aparición de más adeptos. Tácticamente, el ataque del pasado viernes 22 de julio en Noruega es definido por su autor como "military shock attacks by clandestine cell systems".Hay más pasajes que directamente preanuncian el ataque que Breivik escogió lanzar: "consider making use of a remote detonation, (…) to attract attention to one location. Ensure that the enemy forces are heading for this location. By then, you will be on the opposite side of town and in the middle of the process of finishing your primary goal." El blanco se vuelve cada vez más específico: el primero de la lista que hay en el manifiesto es "political parties - cultural Marxist/multiculturalist political parties."En el apartado correspondiente a este tipo de organización, el primer país detallado es Noruega, y el primer partido que aparece ahí es el "Norwegian Labour Party". Más adelante, nuevamente en primer lugar entre una lista de blancos, dice que un blanco primario es: "the annual party meeting of the socialist/social democrat party in your country."Curiosamente, aunque Breivik propone algunas formas de organización colectiva (como la neo-templaria), sus instrucciones para los actos de terrorismo son estrictas respecto a que las células deben ser individuales. Es por eso que Breivik el terrorista pasó desapercibido, a juzgar por la información disponible, incluso en los círculos nacionalistas no violentos.De los nueve miembros que supuestamente asistieron en 2002 a la reunión fundacional en Londres de la organización neo-templaria (todos anónimos), cuatro son descritos como "cristiano ateo" o "cristiano agnóstico". El propio Breivik está muy indeciso respecto a su religión: "I'm not going to pretend I'm a very religious person as that would be a lie (…) I consider myself to be 100% Christian (…) I'm not an excessively religious man". Sería interesante saber qué opinaría Hugues de Payens, fundador de la orden original, respecto a esta falta de disciplina teológica (que en realidad es una ausencia total). Son sin ninguna duda los nombres de estos nueve miembros iniciales, y de otros, lo que más están buscando los servicios de inteligencia de varios estados europeos.La visión del mundo de Breivik está claramente influenciada por el pensamiento colectivista, y su propia obra parece aproximarse a un sistema de pensamiento que podría llamarse ideológico. Es por eso que es posible concluir que no se trata de un lunático desequilibrado que pertenece a un manicomio. Es peor que eso: una persona que en todo momento supo lo que hacía, que se preparó durante años para hacerlo, y que desplegó un alto nivel de meticulosidad para lograrlo. Hasta el efecto de su ataque está pensado desde hace años: "The art of asymmetrical warfare is less about inflicting immediate damage but all about the indirect long term psychological and ideological damage. Our shock attacks are theatre and theatre is always performed for an audience".Las descripciones más personales de Breivik son reveladoras del grado de control que tenía sobre sí mismo: "I have managed to stay focused and highly motivated for a duration of more than 9 years now (…) I have never been happier than I am today (…) I do a mental check almost every day through meditation and philosophizing (…) I simulate various future scenarios relating to resistance efforts, confrontations with police, future interrogation scenarios, future court appearances, future media interviews etc".El objetivo de Breivik es la fundación de una nueva cadena de nacionalismos post-nazis en Europa, y es importante que ese proyecto fracase. El autor concibió un "100 year plan to contribute to seize political power in Western European countries currently controlled by anti-nationalists" (de ahí el título de su manifiesto: 2083). En sus planes más delirantes hacia el futuro, Breivik menciona todo tipo de planes, desde el robo y la detonación de armas nucleares en las capitales europeas hasta la colaboración con Al-Qaeda, el gobierno de Irán, y otros terroristas islámicos.Como se dijo anteriormente, el manifiesto es increíblemente largo y contiene todo tipo de cosas. Hay discusiones muy detalladas sobre la niñez ("My best friend for many years, a Muslim"), adolescencia (incluyendo encuentros con pandillas pakistaníes y un pasado como "graffiti artist") y juventud del autor, con descripciones (con nombres) de sus amigos y hasta las vidas sexuales de sus familiares más cercanos. Hay planes para la importación de inmigrantes en la era "post-islámica" de Europa, con detalles sobre los horarios, la compensación, las localidades y más. Breivik tiene hasta pensado cuál será el nuevo himno de Europa. También explica que él no fue el fundador de la organización neo-templaria, sino el octavo miembro (algo que recuerda a la historia de Adolf Hitler y su ingreso al NSDAP), y que a través de ella conoció a un criminal de guerra serbio en Liberia. Su mentor fue un inglés, fundador de la organización y sin duda un importantísimo blanco para la inteligencia doméstica británica en este mismo momento.Actualmente el "caso Breivik" se encuentra en una etapa que el propio terrorista ya tiene planeada desde hace años: "Your arrest will mark the initiation of the propaganda phase. Your trial offers you a stage to the world (…) A Justiciar Knight is not only a valorous resistance fighter, a one man army; he is a one man marketing agency as well". El terrorista está muy consciente de la opinión que el mundo se ha formado sobre él, y ya ha recorrido mentalmente el camino para superar el ostracismo de su causa: "It might sound completely ridiculous and funny to most people today. But by presenting the following accusations and demands in all seriousness we are indirectly conditioning everyone listening for the conflicts and scenarios ahead. They will laugh today, but in the back of their minds, they have an ounce of fear, respect and admiration for our cause and the alternative and authority we represent".Breivik no es un criminal o incluso un terrorista común. Es una figura nefasta con una ideología totalmente nueva. Es muy importante conocer los términos ideológicos y metodológicos en los que operó, porque existe una preocupante posibilidad de que haya otros como él en el futuro.*Licenciado en Estudios Internacionales - Universidad ORT Uruguay Candidato al Master of Arts in Security Studies - Georgetown University
We can observe signs of development of civilization processes in Ukraine everywhere on a daily basis. Such achievements of mankind as computers, smart phones, digital photography, tablets, etc. are becoming common and natural. Along with the positive signs of the development of civilization, we see many achievements that are difficult to grasp by the mind of an ordinary person. In particular, along with the positive achievements of mankind, we must learn to recognize and counter the new inventions used by some states to wage aggression in time.The article highlights the visible aspects of a new type of modern war, which the state of Russia, is waging against its neighbors, including Ukraine, whenever it is convenient to them. These are the so-called «hybrid wars», which Russia is testing on the neighboring countries.In the article it is pointed out, that Russia never starts aggression openly; it always covers its intentions with «peaceful» rhetoric. As usual, Russia's victims are those neighboring countries that are unable to show power and information confrontation. It has become a tendency that when the time comes, the Russian leaders begin aggression, and their armed forces act according to a motto deduced by Machiavelli and later applied by the Bolsheviks in the 1920s: «You're either with us, or against us». Starting aggression, Russia continues to declare tales about friendship and peace to the whole world.In the main part of the article, the author emphasizes that all the wars that Russia is embarking on with neighboring countries have a common feature - the geographic location of these states, easily accessible to the Russian armed forces. The author of the article implicitly emphasizes the aggressive features of the historical path of Russia, in particular, the period when it began to transform from Muscovy to Russia. In the article, the author emphasizes that Russia by its behavior, in fact, convinces many prescient people that it is the heir to the robbery mind, which it adopted back in the XIII century from the Golden Horde. Actually, the Russian leadership inherited the habit of stealing another's living space and another's territory from Batu Khan's Horde. This habit gradually gained importance of the national feature of the Russians.One of the most dangerous methods that precedes Russia's use of firearms is intensification of the war in the information space. As usual, Russia's aggression against the nations it has sacrificed is a sign of interference with the humanitarian sphere of these peoples' lives. In other words, in the Russian version, information war is a mandatory prelude to the start of an actual war.An example of one of the anti-Ukrainian special operations of information war against Ukraine is given in an article by a famous historian from Ukraine, Serhii Terno, in which he reveals the purpose of an information war, which became quite evident after analyzing the content of a class book for fifth grade students recently published in Ukraine. Serhiy Terno convincingly, by demonstrating examples and evidence, proves that the information war that Russia is imposing on Ukraine has a final goal - the complete assimilation of the Ukrainian ethnos and the transformation of the Ukrainian living space into a «Russian dimension». Usually, such behavior in Russia precedes an armed attack, and it always happens if the victim of Russian aggression refuses to obey Russia's orders.In the article, the author indirectly helps the reader to recognize that there are new and improved old methods of waging war in the modern evolutionary development of world civilization processes.Experts specializing in the study of the development of interethnic relations, only after the open military aggression of Russia, which began in 2014, acknowledged that Russia is waging an aggressive war against Ukraine, which political scientists called «hybrid». One of the aspects of "hybrid" war is the war in the information space, and the battle for historical memory is at the forefront of information battles. Revealing this aspect, it would be appropriate to clarify the explanation of the term «historical memory» with an expanded explanation of the right to interpret national history, which we understand with the help of historical knowledge.By way of conclusion, the author cites vivid examples of participation in the information war of the representatives of the aggressor state to emphasize the importance of so called «battles» in the information space. The Ukrainian intellectuals' struggle for the right of young people for historical memory and justice is described in a convincing and successful way. Much attention is given to the Ukrainian historians' assessment of the value of research and study of historical memory. The article provides incontrovertible evidence that historical knowledge is a type of information weapon, which in many cases is more effective than a firearm. If we treat «historical memory» as one of the modern information weapons, the article covers examples of the use of these weapons in the context of the information war.Finally, quotes of influential scholars on how they assessed the importance of informational influence on the well-known historical figures are stated in the article: the queen of the Russian Empire, Catherine II and the German propaganda minister, Joseph Goebbels. ; Признаки развития цивилизационных процессов в Украине мы наблюдаем повсеместно и ежедневно. В современном мире такие прогрессивные достижения человечества, как компьютер, смартфон, цифровая фотография, планшет и многие другие новшества – обычные вещи. Вместе с тем рядом с позитивными достижениями имеют место достижения, которые трудно поддаются здравомыслию. В связи с этим мы должны научиться вовремя распознавать и противодействовать новым изобретениям, направленным против человечества, в частности новой методике ведения захватнических войн, используемой некоторыми государствами.В предлагаемой статье освещены аспекты нового типа современной войны, которую, соседствующая с Украиной держава – Россия, выбрав удобный момент, всегда начинает против своих соседей, в том числе и против Украины. Мы имеем ввиду так называемые «гибридные войны», эффективность которых Россия испытывает на ближайших соседних государствах.В статье акцентировано внимание на том, что Россия никогда не начинала агрессию открыто, она всегда прикрывает свои намерения «миролюбивой» риторикой. Обычно жертвами России становятся те государства-соседи, которые не в состоянии продемонстрировать силовое и информационное сопротивление. Стало закономерным, что при наступлении удобного момента руководство России начинает агрессию, российские вооруженные соединения действуют согласно правилу, сформулированному Макиавелли, а позднее одобренному большевиками в 20-х годах ХХ ст.: «кто не с нами, тот против нас». Тем не менее, начиная агрессию, Россия не устает декларировать всему миру сказки о дружбе и мире.В главной части статьи автор акцентирует внимание на том, что все войны, которые инициирует Россия с соседними государствами, имеют общий признак – легко досягаемое для российских вооруженных сил географическое расположение стран, против которых направлена агрессия. Автор статьи ненавязчиво обращает внимание на агрессивные особенности исторического пути России, в частности на том периоде, когда она начала превращаться из Московии в Россию. В статье автор акцентирует внимание на том, что Россия своим поведением убеждает всех дальновидных людей в том, что она является наследницей разбойнических привычек, которые она унаследовала еще в ХІІІ ст. от Золотой Орды. Собственно, от орды Батыя предводители России унаследовали привычку воровать чужую территорию. Эта привычка постепенно обрела значение национальной черты россиян.Один из самых опаснейших методов, который предшествует применению огнестрельного оружия и всегда применяется Россией, – это информационная война, которая интенсифицируется перед началом военных действий, то есть война в информационном пространстве. Обычно признаком начала агрессии со стороны России против народов, которые она избрала своими жертвами, является вмешательство в гуманитарную сферу жизни этих народов. Если выразиться другими словами, в российском варианте информационная война – это неотъемлемая прелюдия перед началом полномасштабной «горячей» войны. Пример проведения одной из антиукраинских спецопераций информационной войны России против Украины подается в статье известного в Украине историка из города Запорожье Сергея Терно. Анализируя содержание школьного учебника для пятиклассников, не так давно изданного в Украине, он раскрывает цель информационной войны, которая стала явной. Сергей Терно довольно убедительно доказывает, что информационная война, навязанная Украине Россией, имеет главную цель – ассимиляцию украинского этноса и превращение украинского жизненного пространства в «Русский мир».Обычно такое поведение России предшествует вооруженному нападению и всегда так случается, если жертва агрессии отказывается выполнять распоряжения Российского правительства.В предлагаемой статье автор ненавязчиво помогает читателю узнать, что в развитии современных эволюционных процессов существуют современные и усовершенствованные методы ведения захватнических войн. Ученые, которые специализируются на исследовании межнациональных отношений, только после открытой военной агрессии России против Украины, которая началась в 2014 г., признали, что Россия начала против Украины захватническую войну. Политологи навали ее «гибридной». Война в информационном пространстве – один из вариантов гибридной войны, а на переднем крае информационных «битв» ведется борьба за историческую память. Раскрывая этот аспект, будет целесообразным термин «историческая память» уточнить расширенным толкованием, которое должно звучать как борьба за право трактовки отечественной истории, к которой мы пришли на основании исторических знаний.В итогах статьи для того чтобы подчеркнуть значение «боев» в информационном пространстве, автор подает яркие примеры участия в информационных войнах первых личностей государств-агрессоров. Убедительно и довольно удачно подаются примеры борьбы украинской интеллигенции за отстаивание права подрастающему поколению на историческую память и справедливость. Значительное внимание в предлагаемой статье уделено оценкам украинских историков значения исследований и изучения исторической памяти. В статье приводятся неоспоримые доказательства того, что исторические знания есть одним из видов информационного оружия, которое во многих случаях действует более эффективно, чем оружие огнестрельное. В том случае, если мы «историческую память» объясняем как один из видов современного информационного оружия, то в предлагаемой статье освещаются примеры применения этого оружия в условиях информационной войны.В заключительной части статьи автор цитирует украинских историков, из высказываний которых мы узнаем, что украинские историки придавали большое значение информационному влиянию на общество. Пример такого влияния автор демонстрирует цитатами царицы Российской империи Екатерины ІІ и министра пропаганды Германии Йозефа Геббельса. ; Ознаки розвитку цивілізаційних процесів в Україні ми спостерігаємо повсюдно і щодня. Стають звичними і закономірними такі досягнення людства, як комп'ютер, смартфон, цифрова фотографія, планшет тощо. Поряд із позитивними ознаками розвитку цивілізації, ми бачимо багато досягнень, які важко осягнути розумом людини, яка тверезо мислить. Зокрема, поряд з позитивними досягненнями людства ми повинні навчитися вчасно розпізнавати і протидіяти новим винаходам, які використовуються деякими державами для ведення загарбницьких війн. У пропонованій статті висвітлено видимі аспекти нового типу сучасної війни, яку сусідня з Україною держава – Росія, відчувши зручний момент, розпочинає проти своїх сусідів, зокрема і проти України. Йдеться про так звані «гібридні війни», ефективність яких Росія апробовує на найближчих сусідніх країнах. У статті акцентовано увагу на тому, що Росія ніколи не починає агресію відкрито, вона завжди прикриває свої наміри «миролюбивою» риторикою. Звичайно жертвами Росії стають ті держави-сусіди, які не в змозі показати силове та інформаційне протистояння. Стало закономірністю, що у зручний момент керманичі Росії розпочинають агресію, і їх збройні сили діють за правилом, виведеним Макіавеллі, а пізніше облюбованим більшовиками в 20-ті роки ХХ ст.: «кто не с нами, тот против нас». Розпочавши агресію, Росія не вгаває декларувати для всього світу казки про дружбу і мир. В основній частині статті автор наголошує на тому, що всі війни, які розпочинає Росія з сусідніми державами, мають спільну ознаку – легкодосяжне для російських збройних сил географічне розташування держав, проти яких спрямована агресія. Автор статті ненав'язливо робить акценти на агресивних особливостях історичного шляху Росії, зокрема, на тому періоді, коли вона стала перетворюватись з Московії на Росію. У статті автор наголошує, що Росія своєю поведінкою, по суті, переконує всіх далекоглядних людей в тому, що вона є спадкоємцем розбійницького норову, який перейняла ще у ХІІІ ст. від Золотої Орди. Власне, від орди Батия керманичі Росії успадкували звичку красти чужий життєвий простір та чужу територію. Ця звичка поступово набула значення національної риси росіян. Одним із найнебезпечніших методів, який передує застосуванню Росією вогнепальної зброї, є інтенсифікація війни в інформаційному просторі. Звичайно ознакою початку агресії з боку Росії проти народів, які вона обрала своїми жертвами, є втручання в гуманітарну сферу життя цих народів. Якщо сказати іншими словами, у російському варіанті інформаційна війна – це обов'язкова прелюдія перед початком повномасштабної «гарячої» війни. Приклад проведення однієї із антиукраїнських спецоперацій інформаційної війни проти України наведено у статті відомого в Україні історика із Запоріжжя, Сергія Терно, у якій він розкриває мету інформаційної війни, що стала цілком очевидною після аналізу змісту шкільного підручника для п'ятикласників, не так давно виданого в Україні. Сергій Терно переконливо, вдаючись до демонстрації прикладів і доказів, доводить, що інформаційна війна, яку Росія нав'язує Україні, має остаточну мету – цілковиту асиміляцію українського етносу і перетворення українського життєвого простору на «русскій мір». Зазвичай така поведінка Росії передує збройному нападу, і це відбувається завжди, якщо жертва російської агресії відмовляється піддаватися наказам Росії. У пропонованій статті автор ненав'язливо допомагає читачеві визнати, що в сучасному еволюційному розвитку світових цивілізаційних процесів існують нові і вдосконалені старі методи ведення загарбницьких війн. Фахівці, які спеціалізуються на вивченні розвитку міжнаціональних відносин, лише після відкритої військової агресії Росії, яка почалася у 2014 р., визнали, що Росія веде проти України загарбницьку війну, яку політологи назвали «гібридною». Одним із аспектів гібридної війни є війна в інформаційному просторі, а на передньому краї інформаційних «боїв» знаходиться боротьба за історичну пам'ять. Розкриваючи цей аспект, буде доцільним термін «історична пам'ять» уточнити розширеним поясненням, яке має звучати як боротьба за право трактування вітчизняної історії, до якого ми приходимо на основі історичних знань. У висновках, щоб підкреслити значення «боїв» в інформаційному просторі, автор статті наводить яскраві приклади участі в інформаційній війні перших осіб держави-агресора. Переконливо і досить вдало описано прояви боротьби української інтелігенції за право молоді на історичну пам'ять і справедливість. Значну увагу в статті приділено оцінкам українських істориків значення дослідження і вивчення історичної пам'яті. У статті наводяться неспростовні докази того, що історичні знання є одним із видів інформаційної зброї, яка в багатьох випадках є ефективнішою від зброї вогнепальної. Якщо ми «історичну пам'ять» трактуємо як один з видів сучасної інформаційної зброї, то у пропонованій статті висвітлюються приклади застосування цієї зброї в умовах інформаційної війни. У заключній частині статті подаються цитати впливових науковців про те, як вони оцінювали значення інформаційного впливу на суспільство відомих історичних осіб: цариці Російської імперії Катерини ІІ і міністра пропаганди Німеччини Йозефа Геббельса.
Transcript of interview with Arthur Bedard about his experiences during World War I. He describes how he enlisted in the Navy to avoid being drafted into the Army and what it was like being in the Naval Reserves. He also discusses the difficulty finding work after the war and the role of the American Legion in helping veterans. ; WWI Transcriptions Arthur Bedard Transcriber: John Pino Date Started 2/9/18 (Interview Begins) Fred Holder (Interviewer): This interview is taking place in the home of Mr. Arthur Bedard on Wall St. in Fitchburg [Massachusetts]. Holder: First of all Mr. Bedard where were you born? Arthur Bedard (Interviewee): Fitchburg. Holder: You were born in Fitchburg? Did you live in Fitchburg when you entered the service? Bedard: Yes sir. Holder: You did, how old were you at that time? Bedard: When I entered the service I was around 21, I think. I was gone for around 14 months, so I think it's around there, I can't say for sure now. Background Voice: I think it was more around 20. Bedard: 20? Background Voice: (unintelligible). Bedard: Well I'd say around 20 then at least. Holder: Did you volunteer or were you drafted? Bedard: Oh yeah, I enlisted. Holder: You enlisted? Bedard: Oh yeah, it was because I escaped the draft, I didn't want to get drafted. In other words I wanted to go in the navy, instead of the army. Holder: Why'd you pick the navy? Bedard: Cause' I had an idea I'd be better off there. (chuckles). Holder: It turn out that way? Bedard: Yes it did. Holder: What was your attitude upon entering the war? Bedard: Who? Holder (repeating himself): What was attitude upon entering the war, what did you think of the war? Bedard: I had nothin' to say, I figured I had to go either there or there. So I took it as it came. Holder: Were you single then? Bedard: Oh yeah. Holder: Everyone I've talked to have been single there were no married men in the war! (Both men laugh) Holder: What was your family's attitude, your parents? Your sisters or brothers? Bedard: There wasn't too much they could say about it, I tried to make em' understand that I had to go sooner or later so I took my pick. And that was it. Holder: Where was your basic training? Bedard: Newport, Rhode Island. Holder: What did it consist of? Bedard: Training? Hold: Yep. Bedard: Well I don't know if you've ever heard of "the grinder" where you'd parade up and down the military grounds with rifles and the likes of that. That's what they called it that was the only training I got there. I wasn't in the barracks too long, I went in what they called the "ship's company." When I enlisted, I tried to get the electrician rating. Holder: What was your occupation before the war? Bedard: I was working for telephone people. Holder: You were, and after the war? After the war did you go back to the telephone? Bedard: I went back but they didn't take us back. Holder: You went back but they wouldn't take you? Why not? Bedard: Jobs were filled up, it's what they told me. Holder: And they didn't hold it open for ya? Bedard: There was 2 of us in one, from the telephone company, and the big shots told us that "when you boys come home, just come back and you can go to work." Well we went back and went to go to work, and they told us our jobs were filled. They just said… toodle loo. Holder: The veterans' organizations, could they have helped at all? Bedard: Well I'll tell you that the truth of the matter didn't go that far. We just figured we lost our jobs and had to go somewhere else. So I went in the automobile business. Holder: What were you being paid when you went into the service? Bedard: How much? Holder: Yeah, how much? Bedard: Well I figured it was about a dollar a day. Holder: A dollar a day? Bedard: Yeah. Holder: That's about what the army got after I talked with a few people. Bedard: What was your rank? Well as I said, I enlisted as an electrician, but I found out the guy told me I'm going to be a seaman second class. Holder: What were you when you got out? Bedard: The same thing. Holder: The same thing? How long were you in the service? Bedard: 14 months, I was in what they called the naval reserves. For an unspecified amount of time. Holder: You didn't serve overseas? Bedard: Oh no, I stayed over this side. Holder: Did you stay in the Fitchburg area? Bedard: Oh no, I was in Boston, Newport. Holder: Were you able to come home a lot? Bedard: Oh I came home quite often, when I was in Newport I had to be hospitalized for an operation. When I got better, I asked for leave. They let me come home for a weekend. Holder: How was the food? Bedard: I wasn't a fussy guy. Holder: (Laughing). Bedard: I always had a pretty good appetite, of course you always had it set in your mind that you weren't home. What they had you either eat or go without, that's the point. Holder: What type of equipment did you use? Was it in good shape? Was it used or? Bedard: Meaning what? Holder: The materials that you had to use when you were working? Bedard: Like I said, I was in a ship's company and I worked along with electricians doing odds and ends and the tools we had were spare pliers and what not and that was about all. Holder: Very basic. Bedard: That's right. Holder: How were you treated by the officers? How did they treat you? Bedard: Okay, I never had no trouble. Holder: They never gave any problems to the enlisted men? Bedard: No. Holder: What were your feelings towards the Germans? Bedard: Huh? Holder: What were your feelings towards the Germans? Bedard: Well, no more than what I read, I wasn't over so I really couldn't tell you. But, all I could say is that I knew we were having trouble with the Germans and that was it. Who was going to tell us that things were going the way they were going, right? Holder: True. The propaganda campaigns that they had at the time, you know, the war bonds and the posters and everything did they affect you very much? Bedard: Well, as far as war bonds at the time I had gotten some. The company I was working for, New England Telephone and Telegraph Company, they used to issue, what did they call em'? United States saving bonds or something like that I guess. Oh I held those for around, I dunno 15 or 20 years, then I turned em' over to E bonds1 to make em' all alike, see? Holder: Did you meet any uh, French officers or English officers? Bedard: Yeah. Holder (surprised): You did? Bedard: When I was in Chelsea. 1 Series E Bond: war bonds marketed during World War II, Bedard probably turned in his old World War I bonds for the newer E Bond. Holder: How did they strike you? Bedard: Eh, alright. Course I could speak some French, I'm French anyway, if you can call it that. And uhh, you had to listen to em' to understand em'. Especially if they were Canadian French, which are not the same at all. But, we worked it through some way or another. Holder: What uh, did you really believe in what you had to do, that you had to go? Did you want to go? Or would you have been more happy if you had stayed? Bedard: Well it's said "oh if you didn't want to go then you didn't have to!" So I waited, but, suppose someone said "if you don't enlist in the next day or so you'll be called up for the draft." In fact, my number came up after I enlisted in the navy. Holder: Were they using a lottery system there, then? Bedard: Hmmm, I don't think so. Well I don't know. I don't know how it worked, the navy didn't draft anyway, but as far as the army I don't know if they used it then. That didn't interest me at all, I wanted to go in the navy which I did. Holder: How did the Americans you got into contact with in Newport or Boston or Chelsea treat you? Bedard: You mean overseas people? Holder No, people who lived in the area. Bedard: Oh no I never had any trouble. Holder: When you returned back to Fitchburg what was the attitude of people in the town? Bedard: Well I don't know if they had too much to say, I was glad to come back. Anybody was glad, I suppose everyone was glad to see me, they were glad to see me naturally (laughs). Holder: Were you helped out in getting another job instead of the telephone company. Bedard: No, like I said I took up automobiling. I worked out of it for about 3 years on an apprenticeship. Then I figured I was full-fledged and I worked with different companies. Holder: What was your general feeling toward the service? Bedard: Toward the service? Holder: Yeah. Bedard: Well it's like when I joined a while ago, I had no trouble I was satisfied. I only had one thing in mind: "do what he says." I mean the officers, ya know? If he gave you an order, you carry it out! Because if you didn't, they'd give you the gun!2 (Laughs). Holder: I see. Bedard: Were you in the service? Let me ask you that. Holder: No, I'm still a student. (Holder and Bedard have a side conversation, interview cuts to next section) Holder: What uhh, what type of benefits did you receive in the service? Any bonuses of that nature? Bedard: No. 2 Not sure if Bedard is joking here, perhaps means that there would be strict disciplinary action. Holder: You never got a bonus for serving in the First World War? Bedard: No, the only bonus they gave us was 60 dollars when we got out. Holder: That was your bonus? Bedard: That was our bonus. Holder: Not even a ticket to go home on the train? Bedard: They paid the fares. Holder: Did you see any service in World War II? Bedard: No. Holder No? Just World War I. You joined the Legion [American Legion] when? Bedard: Oh well I joined a post in downtown, when I first came out of the service. Oh I stayed in there for a number of years in somewhere or other, it all slid away from me. Then when the 4293 started, I transferred here. Now I'm with the 429 in Cleghorn4. But, I belonged to WW1 vets. It's like a uhh, you can't call it an association, uhh, what would you call it? Holder: Just a group I guess. Bedard: That's right. And I belonged to these too. Holder: Why did you join the American Legion? Bedard: Why? 3 Another chapter of the American Legion most likely. 4 Neighborhood in Fitchburg. Holder: Yeah. Bedard: Well, it seemed to be a pretty good outfit to join. Holder: What uh, what do you see as the role of the American Legion? What do you think of its purpose? Bedard: Well it's a pretty good idea isn't it? You have well uh, Ed! (calling to person in background.) Ed: Yeah? Bedard: What would you call the American Legion? Ed: Well ummm, I'd call it an American program. Uhhhhh, I'd say they serve as kind of watchdogs for veterans. From World War II onward they've become more active than before (unintelligible). Civic programs (unintelligible) youth activities (unintelligible) they're very very active in these areas along with uhh, also you might say that the uhh veterans programs they're distributed on a state basis and a national basis (unintelligible). And of course they're very active for the disabled veterans (unintelligible) (much of this man's comments are unintelligible as the audio quality gets steadily worse over the course of his monologue). Ed: So that basically, (unintelligible). Bedard: When you think of that whole WW1, I belong to that also. It's similar to the American Legion. I dunno if you call em' benefits in a way, in WW1 (support group) we have our rituals, we have flowers and what not in case one member dies. That man's wife and family would come and meet, and they'd talk to her and what not. Holder: Did you ever lose any friends in the First World War? Any friends or anybody you knew of personally? Bedard: Well, of the two that left there was three of us. That worked at the company at the time. We left together, and we got as far as Boston. I went one way, they went their way depending what they were rolled up for. I don't know what they enlisted as, I knew what I had but I was sent to Newport Rhode Island. And I don't know where they went. Holder: Did you have any friends that died in the war? Bedard: You mean from here? Holder: Yeah, soldiers, aircorps that sort of thing. Bedard: No I don't think so. Holder: If you had one last thing to think about, thinking back to the time of the First World War. You know, what was happening or going on while you were working in Boston or Newport or whatever, what would it be if you had one thing you would think back on. Bedard: Well the last place I was before discharge was Chelsea navy yard. And for things that I heard about from what was happening over there, I never heard of anything interesting. You'd hear things like "oh I wouldn't go over there if I didn't have to" and things like that. Course' war was war! And of course what happens over there nobody over here would hear or read right? Holder: A couple of people I talked to mentioned they hadn't gone overseas and they wanted to, would you have rather served overseas or stayed here in the United States? Bedard: Well listen, I haven't heard of anybody asking to go overseas. You know? But, if I was destined to go, I would have gone, naturally. You would have yourself. Holder: Yeah I suppose. Bedard: Yeah, sure! It's as I said before, whatever they say goes ya know. Holder: Well thank you very much. (Interview Ends)
In this dissertation I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyse the resulting conceptual gap that created tensions in the international legal order. Despite attempts by developing countries to alleviate this imbalance through the New International Economic Order (NIEO), a multitude of soft law initiatives and the reluctance to address human rights issues in MNCs at the level of the United Nations failed to make MNCs incorporate human rights standards in their operations. The merging of the two concepts became increasingly more challenging throughout the 70s and 80s when the world was faced with the oil crisis and the rise of neoliberalism. This shift in the global legal architecture forced the Third World to take a new approach to tackle the conceptual gap, this resulted in the emergence of the Third generation of human rights and ultimately, the concept of Corporate Social Responsibility (CSR). CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. CSR presented a platform for global soft law initiatives to minimise the conceptual gap they had created over throughout the preceding decades. This allowed people such as John Ruggie to develop the Guiding Principles, the most successful initiative to date. This dissertation will provide its readers with a fruitful understanding of the crucial role that international law played in this development and further, what implications this had on the political and economic level. - Introduction In the words of Sundhya Pahuja and Anna Saunders, the second half of the twentieth century staged a 'series of encounters between rival practices of world making, each of which travelled with rival accounts of international law'.[1] Anti-colonial disputes, the Cold War, the rise of developmental issues and the increasing popularity of neoliberalism are only some of the events that generated these competing views of the international legal order. These events brought different coalitions across the Global North and Global South, and different 'alliances of interest between 'public' and 'private' actors'.[2] At the heart of the system that emerged lie two fundamental elements: the modern multinational corporation and human rights. How to conceptualize multinational corporations (MNCs) and how to define their relation to the law and the State was part of these rival stories. In this paper I explore the co-emergence of multinational corporations and the consolidation of the discourse on human rights at the level of the United Nations throughout the second half of the twentieth century and analyze the resulting conceptual gap that created tensions in the international legal order. In particular, I examine how this encounter, which became evident as calls for a New International Economic Order (NIEO) were being advanced within the UN, came to produce the idea of 'Corporate Social Responsibility' (CSR). I show that CSR emerged from the failure of the NIEO, particularly in relation to the roles and responsibilities of private actors in the global economy and how this can be traced to the limits of initiatives addressing the tensions between human rights claims and the interests of multinational corporations. In so doing I provide an understanding of the crucial role that international law played in this development and the implications this had at the political and economic level. The first section of this essay examines the lack of direct use of human rights language in the UN literature focusing on MNCs and their role in world development from the 1960s to the 1970s. This includes an analysis of the report entitled 'Multinational Corporations in World Development'.[3] I demonstrate the emphasis and enthusiasm for multinational corporations displayed at the level of the United Nations and how the concepts of the corporation and human rights were kept separate due to their respective supporters during the Cold War. I then focus on the attempts by the Organization for Economic Co-operation and Development (OECD), the International Labor Organization (ILO) and the 'Group of 77' (G77) to bridge this conceptual gap through the imposition of policies and initiatives, though without major success. The second section analyzes the influence of the oil crisis and the rise of neoliberalism on the shift of the global legal architecture, ultimately promoting the birth of the new developmental state. Here concern is with the new legal structures' attempt to merge the concepts of multinational corporations and human rights through a third generation of human rights, [4] and I engage in theoretical approaches by legal scholars such as Samuel Moyn and Antonia Darder. In the third section investigates the concept of Corporate Social Responsibility (CSR) and analyzes its application and limitations. CSR is a concept of international private business self-regulation that aims at merging human, socio-economic, and political rights into the world of the corporation. As a response to the concerns for human rights violations by corporate actors, CSR slowly came to the forefront of the global business scene to enable the continuation of the operation of multinational enterprises. I demonstrate how CSR aspired to close a gap between human rights and corporate action in a way that would harmonize them through a multitude of soft law initiatives. This leads to the question of whether direct regulations can apply to MNCs under international law and a discussion of the UN Global Compact, at the time the world's largest and most far-reaching CSR initiative.[5] Finally, this paper closes with the most recent developments in the global legal order designed to tackle the conceptual gap between MNCs and human rights, namely through the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises[6] and the development of the Guiding Principles. Dawn of co-existence The United Nations lies at the heart of the international regime with its normative, institutional and procedural human rights activities.[7] By adopting the Universal Declaration of Human Rights in 1948, the UN created a milestone document in the history of human rights. The Declaration has had an enormous influence on the world both in terms of 'spreading the philosophy of human rights, and in terms of inspiring legal texts and decisions'.[8] New states have used the Declaration as a basis for their constitutions, while domestic and international courts have invoked the Declaration in their judgments.[9] As human rights law developed, the International Covenant on Economic, Social and Cultural Rights, followed by the International Covenant on Civil and Political Rights, were both drafted under the auspices of the United Nations, adopted in 1966 and entered into force in 1976. Together, these three instruments make up the 'International Bill of Human Rights'.[10] Throughout the 1960s and 1970s, the world became a stage for global changes that altered the legal order. The end of colonialism dawned in the Global South, and during the height of the Cold War the West faced the Soviet Bloc and its mission of 'exporting revolution'.[11] Leaders of nationalist resistance movements received military as well as financial aid from the Soviet Bloc which intensified anti-colonial mobilization for self-determination.[12] Simultaneously, globalization was increasing rapidly, with multinational corporations emerging onto the global scene with heightened awareness of their existence as an entity with legal personality. As outlined by Sornarajah, their distinct bases of power allowed them to assert their interests through the law. With economic resources often exceeding those of their host state, MNCs had the ability to sculpt and manipulate legal outcomes through arbitration processes concerning foreign investment protection. This was done by exerting lobbying pressure on a host state which might be reluctant or even unable to object to the activities of MNCs.[13] The 'Multinational Corporations in World Development', report drafted by the UN Secretariat's Department on Economic and Social Affairs in 1973, considers 'the role of multinational corporations and their impact on the process of development, especially that of developing countries [.] [and] international relations'.[14] From the outset, the Report identifies the emerging phenomenon of the MNC in international economic affairs, how its size and spread has increased, and identifies the wide array of its activities and its use of natural resources which 'rival traditional economic exchanges between nations'.[15] It is surprising therefore, that a Report from the Department on Economic and Social Affairs, does not contain the term 'human rights' throughout the entire document. In the Report's introduction the UN makes a clear distinction between the differing views of impacts MNCs have on host countries. While 'depicted in some quarters as key instruments to maximizing world welfare, [they] are seen in others as dangerous agents of imperialism'.[16] The fact the United Nations recognized the potential neo-colonial nature of multinational corporations further highlights the need for guidance on human rights violations by MNCs. Yet the Report's reluctance to engage in the area of human rights provides a first glimpse into the divergence of the concepts of multinational corporations and human rights. An explanation for this can be identified by analyzing the Conventions, on Civil and Political Rights and on Economic, Social and Cultural Rights, with the UN's reluctance to avoid tensions between the supporters of both Conventions, respectively the United States and the Soviet Union. The US pushed for the development of civil and political rights, reflecting the protection of the freedom and liberties of individuals. Stemming from a Western philosophy, John Locke identified that in a 'state of nature' humans had 'natural rights' including the right to life, liberty and property. Similarly, French legal philosophers such as Rosseau, Montesquieu and Voltaire argued that such rights emerge from the inherent nature and virtue of man.[17] As Joseph and Castan argue, 'natural rights theories were highly influential [.] particularly in the revolutionary fervor of the United States'.[18] The advancement of civil and political rights reflects the capitalist ideology of the United States, conforming to the libertarian nature of Western capitalist societies.[19] In contrast, the Soviet Union pushed for the advancement of economic, social and cultural rights. These included the right to work, the right to an adequate standard of living, and the right to physical health. Contrary to the civil and political rights, these rights were based on the idea of equality, one deeply rooted in the political ideology of socialism. As the US would not commit to a proposition that there is a right to social goods, the US has never ratified this Convention.[20] The Soviet Bloc promoted the right of self-determination by providing military and financial aid to indigenous political activists in their fight for independence; an idea enshrined in Article 1 of the Covenant which states that: 'All peoples have the right to self-determination'.[21] For the Soviets 'national self-determination was an adjunct to revolutionary communism'.[22] They envisioned self-determination as the tool for the transition from dismantling a colonial empire to establishing a socialist state.[23] However, while the United Nations was reluctant to adhere to human rights in the framework of multinational corporations, other international institutions were motivated to develop this area. The OECD attempted to impose human rights on MNCs by adopting the Guidelines for MNCs (hereinafter 'OECD Guidelines') in 1976.[24] These were 'voluntary recommendations for business practices relating to human rights, disclosure of information, anti-corruption, labour relations, taxation, the environment and consumer protection'.[25] The Guidelines were intended to strengthen the international investment climate by improving the relationship and confidence between MNCs and host countries. National Contact Points (NCPs) were created that bore the responsibilities of enforcing and promoting the Guidelines, and any natural person could make a claim related to the violation of the Guidelines.[26] This aspect of the Guidelines provided an enforcing mechanism accessible to the public. But although the Guidelines were formally adopted by member states as a corporate responsibility instrument, they were subject to widespread criticism in the international legal order. As explained by Cernic, the Guidelines are ambiguous while the NCPs are limited in their influence on host states. Even though they outlined the need to respect human rights, the obligations were not framed in mandatory terms.[27]. Since the Guidelines lacked legal basis, the OECD was unable to assert sanctions on non-compliant corporations, and critics labeled them weak and ineffective. However, it was the intention of the OECD to guide rather than to legislate, because they saw voluntary versus legally binding standards as less of a dichotomy and more a continuum.[28] Although voluntary, corporations would be under scrutiny and potentially harm their reputation if they violated the Guidelines.[29] Yet, the Guidelines were hardly successful in the international legal order. A year later, in 1977, the ILO attempted to bridge this gap by adopting the Tripartite Declaration of Principles Concerning MNCs and Social Policy. These also attempted to 'encourage the positive contribution the MNEs can make to economic and social progress'.[30]. Article 8 emphasizes the respect for the Universal Declaration and the International Covenants. However, its voluntary and non-binding nature, as well as its weak monitoring process made this instrument as frail as the OECD Guidelines.[31] The lack of responsibility and perseverance stemming from international organizations and their disappointing attempt at bridging the gap between multinational corporations and human rights forced national and regional change. On the one hand, developing nations began taking matters into their own hands. To portray unity and solidarity throughout the 'Third World' the G77 coalition, formed in 1964 by developing member countries with the primary intention of promoting its members' economic and humanitarian interests through cooperation at the level of the United Nations, took a strong initiative. In the late 1970s the Group expressed its concern at the 'imbalance of negotiating power between TNCs [transnational corporations] and their host countries and inability on the part of the latter to control the activities of the TNCs within their territories'.[32] Simultaneously, home countries wanted to ensure their investments abroad would be protected, 'specifically from expropriation without a commitment to compensation based on international law'.[33] In accordance with the principles and concerns of the freshly adopted NIEO, developing countries raised the issue of the dominance of MNCs over natural resources and strongly urged the UN for a reaffirmation of their sovereignty over their resources. The NIEO was an attempt by Third World developing states, in the wake of decolonization, to deploy international law to achieve economic justice and improvements in the areas of development and socio-economic rights.[34] Pushed by the G77, the United Nations General Assembly (UNGA) member states devised a set of NIEO proposals in 1974 including (1) that developing states are entitled to control and regulate all activities of MNCs within their territory; and (2) that international trade must be based on equitable, stable and remunerative prices for raw materials.[35] Despite its impressive aims and careful compilation, the NIEO was unsuccessful. It failed 'to displace the power and advantage held by influential states', it failed to alter international law which favoured the economic interests of capital-exporting states and, most importantly, it demonstrated the Third World's acceptance of the economic ideology of the capitalist mindset, inflating the value of foreign capital including the exploitation of local labour in developing countries.[36] Consequently, the UN set up the United Nations Commission on Transnational Corporations which drafted a code of conduct for TNCs, one of the first formalized instruments drafted by the UN that set an obligation upon MNCs to respect human rights in host countries.[37] However while developing countries insisted on the idea of adopting an international instrument that was binding on MNCs, developed countries were not prepared to go beyond the voluntary sets of guidelines already in place.[38] On the other hand, due to the ineffectiveness of the international institutions, some MNCs that sought to abide by human rights law attempted to create some provisions themselves. An example is the Sullivan principles designed by Leon Sullivan, former member of the General Motors' Board of Directors. These principles included the elimination of discrimination based on race, and the concept of equality in the workplace. The objective was that by engaging in human rights concepts like dignity and respect, MNCs could be a lever for the elimination of apartheid in South Africa. However, like the previously established soft law on obligations on multinational corporations, these principles were voluntary and unlike the OECD Guidelines which had the NCPs, there was no enforcement mechanism. The great majority of MNCs that adopted his principles did so with the sole motive of being able to continue to prosper in South Africa.[39] In summary, throughout the 1960s and 1970s, there were attempts at a variety of levels to bring together the concepts of human rights and multinational corporations. Though it was largely absent on the level of the United Nations until the late 1970s there were many first steps by international institutions to bridge this gap. The NIEO was the first set of concrete economic principles that were prescribed in international law 'articulating a form of justice based not on domination of one people over another'.[40] It was an 'effort to assert the sovereign autonomy of the non-western world',[41] exemplifying the importance of linking human rights and development, and the fundamental values of duties of international cooperation. However, there was still much to be done as the new decade of the 1980s saw a drastic restructuring of the global trade and investment system - ultimately ending in massive international debt and a dramatic increase in foreign direct investment. A Change in the Global Legal Architecture An accumulation of capital obtained by the main oil producing states in the Middle East led to the establishment of the Organization for Petroleum Exporting Countries (OPEC) Cartel in 1972. With the intention of creating a monopoly and obtaining major profits, OPEC raised the price of oil by approximately 400%, with its members keeping revenue in US or European banks, from which developing countries regularly borrowed in the form of aid and loans.[42] However, banks were now lending at higher interest rates to these countries as they were deemed less creditworthy. As a result of sovereign debt and the surplus problem in the international banking system, developing states were forced to rely on foreign direct investment (FDI), as opposed to private borrowing. The very principle that developing states wanted to control with the establishment of the NIEO was now negated by Western states selling MNCs to the developing world as necessary for their survival.[43] Simultaneously to the effects of the oil crisis, the political ideology of neoliberalism emerged on the global scene. Conservative governments gained power in western countries, communism collapsed in Eastern Europe with a move towards market economics, and Latin America implemented stabilization policies to boost their economies.[44] This process saw neoliberalism became an enemy for structural equality, political inclusion, economic access and human rights.[45] Prior to the implementation of neoliberal policies, the relationship between multinational corporations and their host state was formed through the conflict between the host country's national developmental interests as opposed to the corporation's global investment interests. The state being the more powerful actor, attempted 'to channel its private investments to serve its own developmental objectives'.[46] However, as Michael Peters argues, neoliberalism provides 'a universalist foundation for an extreme form of economic rationalism'[47], which according to Paul Haslam, was a re-forming of the modern state rather than the perceived notion of the state 'unambiguously withering away'.[48] As a result, power shifted from host countries towards multinational corporations as the era was characterized by liberalization of foreign investment rules.[49] As the United Nations World Investment Report of 2000 showed, out of the 1035 changes made in national legislation regarding Foreign Direct Investment (FDI) from 1991 to 1999, only 5.9% were directed at restricting FDI.[50] Now more than ever before, the existence and nature of human rights were jeopardized in the sphere of multinational corporations led by neoliberal politics. Yet when analyzing human rights and neoliberalism, the two concepts have a plethora of similarities that run counter to this assertion. Samuel Moyn states that human rights and neoliberalism share (1) a predecessor and (2) a target, namely the welfarist West and the post-colonial nation state seeking economic autarky respectively.[51] Both concepts emerged and were formalized in the West. As a target, developing countries need both economic (neoliberalism) and social (human rights) elements to establish economic control. Furthermore, the two concepts share key foundational building blocks. Firstly, the principle of prioritizing the individual 'whose freedoms matter more than the collectivist endeavours' and secondly, their shared antipathy toward the state due to their rejection of its moral credentials.[52] As described by Darder, neoliberalism is characterized by a rampant greed that subsumes any notions of equality and public responsibility.[53] At the heart of this lies the ultimate subversion of human rights. When faced with the powers of global capitalism, human rights struggle to maintain themselves in the Third World. A prime example countering this thesis is the idea that human rights are a handmaiden to neoliberal policies. The argument follows that human rights are so tightly related to the role of a freely functioning market that there could be no socio-economic rights without extreme capitalism.[54] Unfortunately under this notion, human rights fall victim to being seen as dependent upon the capitalist order, creating the illusion that multinational corporations enhanced and promoted human rights in the developing World. What Wolfgang Streeck termed as 'non-market notions of social justice' became impossible to secure. Any attempt to place social commitments over economic ones were expelled, leaving market pressures to form human obligations and be governed by the dictatorship of neoliberalism.[55] The World Bank and the IMF, backed by the United States and other western states, became key in the project for liberalization, privatization, and market-friendly policies, known as the Washington Consensus. MNCs were given the protection they needed to flourish, be it proprietary or intellectual property rights. The interests of human rights on the other hand were not regarded. Though excelling and growing more than ever before, human rights had done so 'on a discrete track spearheaded internationally through the UN'.[56] Directed by developing states, human rights were intentionally dealt with by the United Nations while international economic law was being dealt with by the international institutions where they hold the balance of power.[57] Simultaneously, the developing world saw the third generation of human rights emerge as a result of anti-colonialist movements in the post-Second World War era. Newly born independent nations voiced their concerns over repeating their colonial past and demanded a new set of rights. These included the right to self-determination, the right to a healthy environment and the right to participation in cultural heritage. These are reflected in Declarations and Conventions such as the Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, the Proclamation of Teheran of 1968 and the Stockholm Declaration of 1972.[58] What makes this generation of human rights exceptional however is that while they reflect neither the traditional individualistic approach of the first generation, nor the socialist tradition of the second generation, they simultaneously demand certain recognitions from the state while being able to be invoked against the state. Most importantly though, as articulated by Vasak, the third generation of human rights 'can be realized only through the concerted efforts of all the actors in the social scene: the individual, the State, public and private bodies and the international community'.[59] In other words, these rights belong to the community as a collective, rather than to an individual.[60] Drafted in 1986 by the UNGA, the Declaration on the Right to Development [61] (DRD) calls for effective international cooperation towards development objectives through the enhancement of human rights and the distribution of benefits.[62] The DRD gained inspiration from the NIEO as it relied on providing equal national opportunity through measures of fair distribution of natural resources and income. Alongside neoliberal policies, the two contradicting concepts were forced to work in tandem. Foreign investment in the developing world could proceed under the neoliberal ideology as long as it did not infringe the DRD. Interestingly, the right to development was coined by the former UN Independent Expert on the Right to Development, Arjun Sengupta, as 'growth with equity'. Growth should not only focus on the economic aspect, but also emphasize human rights and the principles of justice. This focus on equity, would require a 'a change in the structure of production and distribution in the economy to ensure growth was equitable', including the required international cooperation and not having to rely on the market.[63] Though the United Nations are promoting and enhancing the development of human rights, they are disregarding the fact that their work should be focused more on the human rights aspects entailed in the market, rather than solving human rights issues outside of the market framework. The development of human rights and the regulatory frameworks supporting multinational corporations attended very different interests. The new global legal architecture born of the oil crisis and rise of neoliberalism reorganized the relations between the Global South and Global North. At this point human rights and the regulation of corporations, with their distinctive genealogies, were forced to come together, but the failure of this exercise could not be challenged until the late 1980s when the third generation of human rights provided another opportunity for the merging of the two concepts. The outcomes of these new sets of discussions produced a more clearly defined relationship between human rights and multinational corporations which, although more sophisticated, was still unable to produce a satisfactory result. Nevertheless, the right to development began to take root in the corporate world. For the sake of their reputations, corporations were forced to appreciate the power held by vulnerable individuals that could act together as a strong collective.[64] As Claire Dickerson argues, multinationals became more aware of their relationship with human rights not only in regards to the individual, but rather to the society as a collective.[65] These were the first formalized steps to the recognition of what came to be known as Corporate Social Responsibility (CSR). The Heterodox Approach What became apparent in the sphere of business and human rights were two situations, (1) that states were either unable or unwilling to implement human rights; and (2) that multinational corporations acting in such states were unprepared to deal with the risks of harming human rights through their activities. This was seen especially in the private extracting sector, such as oil, gas and coal, using aggressive means to exploit remote areas and leaving large physical and social 'footprints'. Local communities began resisting the activities by the multinationals and the language of human rights became increasingly popular in challenging corporate norms.[66] Some of the world's largest MNCs had become culprits of violating human rights standards, including Nike, Shell or Yahoo. Nike was guilty of using child labour, while Shell misused public funds to practice corruption and theft at all levels.[67] The effects were reflected in local communities that resorted to violence and criminal behaviour, significantly affecting the living conditions of these areas. In the early 1990s, some corporations began adopting measures to comply with responsible business conduct. CSR was a voluntary form of business self-regulation that attended the current societal goals. It involved the creation of monitoring schemes that regulated the workplace standards and policies of the global supply chains. However, what caused CSR to emerge, was not only pressure exerted by nations that felt their human rights had been impinged, but also a wider global political ethos. With its emphasis on privatization and deregulation, neoliberalism promoted CSR initiatives in order for corporations to gain self-control and rely less on direct government initiatives. Due to its voluntary nature, CSR was not conceived as a regulatory instrument but as a learning forum to promote strategies that enhanced socially responsible policies. This included the enhancement of human rights, environmental protection and anti-corruption efforts. [68] CSR had now progressed to the forefront of the global business scene by morphing out of corporate philanthropy.[69] Corporations began adopting voluntary schemes that not only adhered to social policy, but at times even went beyond the standard set by local requirements, which occasionally created conflict between the two.[70] Unilateral corporations produced company codes, with companies such as Gap and Nike adopting theirs in 1992. This involved internal audit teams and ethics officers to be established, verifying that contractors were complying with their company's codes of conduct. Gradually, social audit teams emerged onto the global scene. As one of the most prominent, the Fair Labour Association (FLA) monitored the working conditions for some of the top athletic brands such as Nike, Puma and Patagonia. In the food industry, the label of Fair Trade emerged, ensuring for local farmers the social, economic and environmental standards they deserved. Corporations adopted CSR measures mainly to improve their reputation. However, perhaps a greater incentive for corporations to adopt CSR measures lies in the financial risks posed by community pushback as a result of human rights violations. These pushbacks cause delays in design, operation, construction, siting, granting of permits etc. Further, they can create problems and relations with local labour markets, higher costs for financing, insurance and reduced output.[71] In a study of a large multinational company that wished to remain anonymous, Goldman Sachs found that it had accrued $6.5 billion in such costs over a two year period.[72] A great percentage of these costs could be related back to the staff time in managing conflicts that arise in communities as a result of human rights violations. In some instances between 50% and 80% of an assets manager's time can be devoted to these issues. Thus, it is clear that in this lose-lose situation, where MNCs violate human rights and thus incur losses, it makes sound corporate sense to adopt some sort of CSR measures.[73] Despite the improvements and the clear step forward the business world took in addressing human rights, CSR involved limitations and fragmentations that challenged its success. It was built on the assumption that it is an effective mechanism for a corporation to positively reconnecting with the community it is based in. Thus, in practice, CSR operates under the presumption that society has granted authority to corporations with naturally applying legal responsibilities.[74] In 2000 John Ruggie conducted research in the Fortune Global 500 and a wider range of corporations to assess the extent and success of voluntary initiatives promoting human rights. Staff monitoring schemes had evolved, demands by socially responsible investors had grown, and large public sector funds all aided in this development. However, the research also found 'company-based initiatives fell short as a stand-alone approach'.[75] Most companies still did not have the capabilities of managing human rights risks and instead were acting on a reactive based notion. Moreover, it was within the company's discretion to decide which human rights the company would address and furthermore how to define its measures. Thus, their voluntary nature could often be used as a camouflage to delay real reform.[76] A logical response to such a broad limitation would be to impose direct obligations under international law upon MNCs. Though only states and international organizations have legal standing in international law, the general view on this contention is that it would be possible to impose obligations upon MNCs due to their major economic and political influence as explained earlier, and their capabilities of influencing the enjoyment of human rights.[77] However, as explained by Zerk, the challenge lies in 'developing jurisprudence which refines and makes precise the vague aspirational statements [.] in the CSR debate'.[78] However, as the law stands, the most promising and efficient method for applying obligations on multinational corporations remains to be the national courts. Yet the fact that claims must be raised as a tort-based litigation proving a violation of domestic tort principles rather than claiming a violation under international human rights casts doubt over this method. An interesting exception to this is the US Alien Tort Statute of 1789. The tort states that district courts 'have original jurisdiction of any civil action by an alien for a tort only, committed in violations of the law of nations or a treaty of the United States'.[79] The original intention of the statute was to establish a civil remedy for violation of international law norms such as piracy, mistreatment of ambassadors and the violation of safe conducts.[80] This piece of legislation lay dormant until the 1980s when human rights lawyers discovered its potential for foreign plaintiffs to raise a claim for certain human rights abuses against an individual of any nationality, or a corporation as long as they had a presence in the United States. The question whether the Act could be enforced against a corporation was considered in 2012 in the U.S. Supreme Court case of Kiobel.[81] The court held that there was a presumption against extraterritoriality applying to claims under the Statute. There is therefore no application of the statute abroad unless it is explicitly stated in the international law which is the subject of the claim.[82] As stated by John Ruggie in his advice to the Human Rights Council in 2007 'no single silver bullet can resolve the business and human rights challenge. A broad array of measures is required, by all relevant actors.'[83] Ultimately, as a measure to seek guidance on the matter, this led to the UN Global Compact in 2000, the largest global CSR initiative.[84] The UN Global Compact was a strategic policy initiative posed by the former UN Secretary General Kofi Annan that aimed at improving corporate conditions in areas such as human rights, environmental protection and labour rights.[85] It was a prospective and hopeful initiative that was designed as a learning forum to develop, implement and disclose sustainability principles among corporate actors.[86] At its time, the Global Compact was the most far-reaching, non-governmental set of policies aimed at catalyzing the voluntary nature in the corporate citizenship movement.[87] Legal scholars such as Meyer and Stefanova felt the Global Compact could shape the relationship between MNCs and human rights through 'rewarding responsible TNCs [MNCs], while shaming at least some of the irresponsible TNCs [MNCs] into better promoting human rights'.[88] Their only concern about the extent of the success of the Global Compact lay, in the Global Compact's voluntary nature. Comparing it to the OECD Guidelines implemented 25 years earlier, an initiative like the Global Compact will only be successful if there is commitment to the initiative at all levels of the international system. Thus, the main task is to put a human face on globalization through the values and principles shared by the people, the corporation and the state.[89] However, Aravalo and Fallon dispute this. Published in 2008, their Report uses the Compact Quarterly and UNGC Annual Review to critique the Global Compact's activities and practices throughout its eight years of existence. Published by local networks and the UN respectively, they evaluate new businesses adhering to the Global Compact, as well as Global Compact practices and responses. Aravalo and Fallon found that after evaluating the various progress reports, the Global Compact falls short of being a successful initiative. According to the UNGC Annual Review, there are a multitude of gaps existing in the Global Compact framework. Research instruments for instance, under the principles of human rights and labour protection, have been deemed as inadequate as participants have failed to voice their concern over the protection of such rights within their corporation. The Global Compact has solely used online surveys to administer data, which smaller businesses are often unwilling or unable to provide. The methodology applied by the Global Compact was ambiguous and did not show the extent of the success of CSR initiatives.[90] Alavaro and Fallon argue that it would be highly beneficial for the Global Compact to re-think its methodology process of evaluating its success by introducing a chronological component into its future research models. [91] It would allow for a clearer comparison not only for participants of the Global Compact, but also for the comparison with non-Compact companies in the area of corporate responsibility.[92] As a result of this poor research methodology, the Global Compact has difficulty assessing its direct influence on the broad and voluntary concept of CSR. There are key principles of CSR that fail to receive the attention they deserve in the scope of the Global Compact. However, this is not to say that the Global Compact has been an outright failure. The Annual Review, though lacking quantifiable data, has provided a wide array of case studies providing evidence for the practical influence of the Global Compact on participants. These include programs in education and working relationships the Global Compact has encouraged and facilitated. It can be said therefore, that the Global Compact is making a difference, even if only in these cases. Until shortly after the turn of the millennium, neither company codes nor multilateral initiatives such as Global Compact, successfully achieved the necessary, concrete obligations in regard to human rights and environmental protection demands. This was set to change with the arrival of the United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises (Norms). Drafted in 2003, the United Nations Sub-Commission on the Promotion and Protection of Human Rights attempted to merge the concepts of MNCs and human rights and transform these newly developed principles into hard law. The intention was to impose human rights obligations upon companies through the domestic legal systems of their host countries. The Norms clearly express that 'states retain primary, overarching responsibility for human rights protection' and that corporations are identified as 'Duty-bearers' based on that expectation of following human rights principles.[93] The expectations expressed by the Norms are supported by enforcement mechanisms for their implementation which address the requirements that MNCs must adopt in terms of their internal practice. Furthermore, there are a multitude of rights that go beyond what is traditionally accepted as international human rights law. Examples include rights associated with consumer protection, the environment or corruption which are covered by different areas of the law.[94] However, the Norms failed to achieve promising results. Described as a 'train wreck' by John Ruggie, the Norms fell under heavy criticisms for a plethora of reasons. Firstly, the Norms fall under heavy scrutiny for attempting to impose obligations upon corporations, while simultaneously imposing parallel obligations on the state. The intention was to address the fact that MNCs operate in a legal vacuum due to their status of acting as a multinational. To alleviate this issue, it was thought that binding MNCs to hard international law would be the best option. On the one hand, minimalists argue that binding multinational corporations to international law is not an appropriate method as this would go beyond the concept of soft law initiatives such as Global Compact. This argument is developed by stating that binding corporations to international law would 'privatise human rights'. The Norms would be placing obligations on an entity that was never democratically elected, nor eligible to make reasonable decisions in regard to human rights at the level of international law.[95] On the other hand, maximalists lobby for a judicial body solely focused on the practice of multinational corporations and argue that corporations should be bound by international law.[96] Secondly, there was severe backlash against the Norms from states, corporations and businesses who argued that there was a lack of consultation from the Sub-Commission when drafting the Norms. However, this argument has since been disputed by institutions such as the Corporate Europe Conservatory or the scholars Weissbrodt and Kruger.[97] In regard to the discontent presented by states, many argued that there was a lack of involvement on their behalf in the Norms' development. As stated by Kinely, Nolan and Zerial, it is of vital importance that in issues revolving around CSR and their wide variety of stakeholders, everyone's voice must be heard when protecting human rights.[98] Thirdly, issues were raised regarding the language used by the Norms. Terms like 'sphere of influence'[99] and 'complicity' were deemed as vague and unclear.[100] It is agreed upon, even by supporters of the Norms, that such terms must be defined more definitively and where possible, draw definitions from more grounded areas of the law like criminal law, tort or contract law. This attitude towards the Norms from corporations shows the extent of their distrust and the scare factor used to attempt to dismantle the Norms.[101] However, even though the Norms failed as a concept, as Kinley, Nolan and Zerial maintain, 'the Norms have been a beneficial and fruitful initiative, reinvigorating debate on business and human rights'.[102] Previous to the imposition of the Norms, CSR had found itself in a position that was stagnant, focusing solely on codes of conduct that should be implemented by corporations using a bottom-up approach. The Norms altered the position of CSR to now provide a top-down approach and provided human rights activists with hope that human rights protection in regard to multinational corporations was now in the hands of the United Nations. However, the reactions to the Norms from the CSR community varied. CSR had been a newly emerging concept which was still unclear when fitted into the international legal order. It was still in its early years of development with highly broad-reaching initiatives in the fields of both soft and hard law. The playing field for CSR was simply too big for such an underdeveloped concept to handle. Further, it was attempted to implement CSR through domestic laws and quasi-legal initiatives raised to the level of international law. It is therefore often perceived that the implementation of the Norms were an attempt to remedy CSR by uniting these various aspects into one document at the level of the United Nations. The Norms conjoined national and international levels of CSR while maintaining that states continued to hold the primary responsibility of ensuring that businesses protect human rights. The world was a 'deeply divided arena of discourse and contestation lacking shared knowledge, clear standards and boundaries; fragmentary and often weak governance systems concerning business and human rights in states and companies alike'.[103] A range of governments still expressed their demand for further attention to be given to the relationship between human rights and the practices of multinational corporations. Thus, the United Nations appointed a team led by John Ruggie to establish the Guiding Principles. Rather than establishing a new international framework as was previously attempted with the Norms, Ruggie was 'urged [.] to focus on identifying and promoting good practices and providing companies with tools to enable them to deal voluntarily with the complex cluster of business and human rights challenges'.[104] Ruggie moved away from the traditional 'mandatory approach' which involved the compliance of national laws in correspondence to a corporation's voluntary measures and practices, to a heterodox approach. This heterodox approach was devised to create an environment of mixed reinforcing policy measures that provided cumulative change and large-scale success. The Guiding Principles lay on three foundations: (1) the state duty to protect against human rights abuses; (2) the responsibility by corporations to respect human rights and the implied obligation of acting in due diligence; and (3) the need for greater access to remedies for victims. However, there are two things that the Guiding Principles fail to accomplish. Firstly, to create binding international law and instead rely on normative contributions which further elaborate the implications of existing standards. Secondly, the Guiding Principles 'fail to ensure the right to an effective remedy and the need for States' measures to prevent abuses committed by their companies overseas'.[105] Amnesty International goes further by reiterating that aside from lacking accountability measures, the Guiding Principles should mandate a due diligence approach rather than only recommending it, as this would solve internal as well as extraterritorial accountability issues. Alongside Amnesty International, Human Rights Watch criticized the Guiding Principles for not adopting a global standard in corporate responsibility, and instead resort to a 'sliding scale' based on a corporation's size and geographic location.[106] However, when compared to other governance regimes in the past and present, the Guiding Principles seem to be a robust framework. Although various human rights organizations and NGOs identify neglect of human rights in the framework of MNCs, the Guiding Principles reiterate business as an instrument to contribute to societal welfare.[107] Thus, it acts as a basis for the empowerment of society and a benchmark to judge practices and conduct of corporations and governments.[108] Conclusion The discourse of the co-emergence of multinational corporations and human rights took the world by storm. The ongoing globalization of multinational corporations and the evolution of the concept of human rights were born attending different aims in the global legal order. Their greatest challenge however was not necessarily their harmonization and co-existence, but more importantly co-existing under the intentional gap created through the world's largest and most influential actor, the United Nations. This was clearly visible in the 1960s and 1970s. Throughout the various Reports and Declarations that were passed through the international institution, the two concepts were kept separate. While the United Nations was enthusiastic for the growth of both MNCs and human rights, it intentionally avoided discussing the harmonization of both concepts. Due to the underlying pressures imposed on the United Nations by the tensions from the Cold War, the UN was left in a legal vacuum unable to merge the two distinctive genealogies. The global international legal order was unaware of the extent of the importance of such a gap being eradicated before adopting a resolution as complex as the NIEO. Thus, from this point onwards, the NIEO was therefore already bound to be unsuccessful. Not only had international law not developed enough to impose such obligations upon MNCs, the corporations themselves were not aware of the ramifications and necessity for abiding human rights obligations as I showed in the third section of this dissertation. Enthusiasm for further initiatives such as the push by the G77 or the United Nations Commission on Transnational Corporations was only short lived. The events of the 1980s greatly disrupted the already turbulent environment of the global international legal order creating a greater gap between the concepts of multinational corporations and human rights. The 1980s became a stage which saw a great change in the global legal structure. The NIEO was an already broken concept from the outset as the conceptual gap had already created a disparity in the relationship between MNCs and human rights. This meant that although they were not aware of it at the time, the Global South could not rely on the imposition of the NIEO. Fostering the Western neoliberal policies, the conceptual gap between MNCs and human rights was now well established. For human rights to become a globally instructed concept, MNCs are a useful tool to spread, promote and enhance human rights across the globe. This of course is under the condition that the MNC does not violate human rights. From the other perspective MNCs rely on human rights in terms of their societal and financial risks. It becomes clear that when this is not realized by the proponents of both concepts, it can lead to major discrepancies and disparities as was proven in the Global South during this period. If there had not been this conceptual gap, and instead there had been a clear and devised relationship between MNCs and human rights, the effects of the oil crisis and neoliberalism would not have left the detrimental mark in developing countries that they did, potentially allowing the NIEO to prevail. However, the ongoing persistence of developing countries and their call for the third generation of human rights to gain prominence forced MNCs to catch up with their relationship to human rights. What emerged, were essentially the first initiatives and practices of CSR. CSR was heavily affected by the fact that it relied on the voluntary nature of businesses to adhere to as well as practice CSR. Even though corporations had an incentive to adopt CSR measures, weak monitoring systems allowed violations to still occur on a grand scale. The issue was that the multinational corporation as a concept was still unclear and lacked definition and that tying MNCs down with hard international law was not possible due to the diversity of MNCs. CSR allowed for too large a divergence from the issue at hand and required to approach human rights at a different angle. This was the key reason for the partial success of the Guiding Principles. Ruggie's unconventional, heterodox approach provided clarity and distinct concepts that individuals, business and states could adhere to. Although the conceptual gap has still not vanished, the UN has after an array of various attempts, managed to narrow the gap that it had created almost sixty years ago by continuously forcing society to rethink and redefine the relationship. What exactly lies in the future is uncertain and impossible to foresee. It can be said with great certainty however, that if initiatives such as Global Compact or the Guiding Principles are enhanced and given more attention, the world will be faced with a much clearer and concise relationship between multinational corporations and human rights. Focusing on monitoring mechanisms, methodological research and greater transparency and accountability among all actors involved will undoubtedly seal the conceptual gap that has caused the international legal order to experience such unsettling times. [1] Pahuja, Sundhya. Saunders, Anna. Rival Worlds and the place of the Corporation in International Law in Dann and Von Bernstorff (eds). Decolonisation and the Battle for International Law (OUP, 2018) p.1 [2] Ibid. [3] UN, Multinational Corporations in World Development ST-ECA/190 [4] Linarelli, John. Salomon, Margot. Sornarajah M. The Misery of International Law. (OUP, 2018) p.245 [5] Ruggie, John. Just Business. (W.W. Norton & Company, 2013) p.70 [6] United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises E/CN.4/Sub.2/2003/12/Rev.2 [7] Alston, Philip. Mégret, Frédéric. (eds) The United Nations and Human Rights: A Critical Appraisal (Second Edition, OUP, 2020) p.1 [8] Clapham, Andrew. Human Rights: A Very Short Introduction (OUP, 2007) p.42 [9] (n.8) p.108. [10] ibid . p.109 [11] Allina, Eric. Imperialism and the Colonial Experience in Paul A. Haslam, Jessica Schafer and Pierre Beaudet, Introduction to International Development (3rd Edition, OUP, 2017), pp. 24-42. p.39 [12] Ibid. p. 40 [13] Sornarajah M. International Law on Foreign Investment (CUP, 2010) p.5 [14] United Nations Department of Economic and Social Affairs, Multinational Corporations in World Development, 1973 ST-ECA/190 p.VI [15] ibid. p.1 [16] ibid. [17] Joseph, Sarah. Castan, Melissa. The International Covenant on Civil and Political Rights: Cases, Materials. (3rd Edition, OUP, 2013) p.4 [18] ibid. p.5 [19] ibid. [20] Alston, Philip. U.S. Ratification of the Covenant on Economic, Social And Cultural Rights: The Need for an Entirely New Strategy. The American Journal of International Law Vol.84, No.2 (CUP,1990) pp.365-393, p.4 [21] UN General Assembly, International Covenant on Economic, Social and Cultural Rights, 1966, Article 1 [22] Simpson, Gerry. The Diffusion of Sovereignty: Self-Determination in the Post-Colonial Age (Ashgate Publishing, 2000) p.266 [23] Ibid. [24] Organisation for Economic Cooperation and Development, OECD Guidelines for Multinational Enterprises, 1976 [25] Carasco, Emily. Singh, Jang. Towards Holding Transnational Corporations Responsible for Human Rights. European Business Review Vol.22, No.4, (Emerald Publishing Group, 2010). p.4 [26] Cernic, Jernei. Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises Hanse Law Review, Vol.4, No.1, (2008). p.16 [27] Ibid. p. 12 [28] Sanchez, Juan Carlos Ochoa. "The Roles and Powers of the OECD National Contact Points Regarding Complaints on an Alleged Breach of the OECD Guidelines for Multinational Enterprises by a Transnational Corporation." Nordic Journal of International Law (2015) Vol.84, No.1, pp: 89-126 p. 18 [29] Bolt, Cassidy. "Leveraging Reputation in Implicit Regulation of MNEs: An Analysis of the OECD Guidelines for Multinational Enterprises' Capacity to Influence Corporate Behavior." Corporations and International Law, 20 Jan. 2018, Available at: sites.duke.edu/corporations/2018/01/20/leveraging-reputation-in-implicit-regulation-of-mnes-an-analysis-of-the-oec
Article by Morris Arnold on the Arkansas Legal System during the Colonial Period. ; THE ARKANSAS COLONIAL LEGAL SYSTEM, 1686-1766 Morris S. Arnold* Except for the silence of its final letter, there is nowadays nothing very French about Arkansas. Yet before the American takeover in 1804 the great majority of the European inhabitants of the area presently occupied by the state were of French origin. There is s9me visible proof of this in the names, many now mangled beyond e:asy recognition, which eighteenth-century voyageurs and coureurs de bois gave to a good many Arkansas places and streams; 1 and there are, as well, a number of Arkansas townships which bear the names of their early French habitants .2 While these faint traces of a remote European past survive, absolutely nothing remains of the laws and customs which the ancient residents of Arkansas observed. This is no accident. It was a favorite object of Jefferson to introduce the common law of England into the vast Louisiana Territory as quickly as he could. In the lower territory he waited too late. New Orleans had had a large French population and a somewhat professionalized legal system for some time, and the civilian opposition, given time to congeal, proved to * Ben J. Altheimer Distinguished Professor of Law, University of Arkansas at Little Rock. B.S.E.E. 1965, LL.B. 1968, University of Arkansas; LL.M. 1969, S.J.D. 1971, Harvard Law School. This article is the first chapter of Professor Arnold's book, UNEQUAL LAWS UNTO A SAVAGE RACE: EUROPEAN LEGAL TRADITIONS IN ARKANSAS, 1686-1836, which will be published later this year. l. See generally Branner, Some Old French Place Names in the State of Arkansas, 19 ARK. HIST. Q. 191 (1960). The etymology of some of these names is difficult and interesting. Who would guess very quickly, for instance, that Smackover in Union County is Chemin Couvert (covered road) in disguise? Id. at 206. Tchemanihaut Creek (pronounced 'Shamanahaw") in Ashley County is a good deal easier: Chemin a haut (high road) must have been its original name. Its initial letter, one local historian has plausibly suggested, is probably attributable to "a misguided attempt to derive the name from the Indian language." Y. ETHERIDGE, HISTORY OF ASHLEY COUNTY, ARKANSAS 17, 18 (1959). Other names should on sight be instantly intelligible to a modern Parisian, though their current pronunciation might cause him consternation: Examples are the Terre Rouge (red earth) and Terre Noire (black earth) Creeks in Clark County, the L 'Angui!le (eel) River in northeast Arkansas, and La Grue (crane) township in Arkansas county. 2. Vaugine and Bogy Townships in Jefferson County, Darysaw (Desruisseaux) Township in Grant County, and Fourche La Fave (Lefevre) Township in Perry County are good examples. 391 392 UALR LAW JOURNAL [Vol. 6:391 have sufficient muscle to win a partial victory.3 As a result, as to substantive civil matters the state of Louisiana is today a thoroughly civilian jurisdiction. In the upper territory, however, by a piecemeal process beginning in 1804, the English common law was insinuated into the legal system, until, in 1816, it was at last adopted virtually wholesale by the General Assembly of the Missouri Territory.4 The purpose of this article is to explain why civilian legal institutions proved so weak in Upper Louisiana and especially in Arkansas. It turns out that the smallness and character of the European population in Arkansas was the main cause for the vulnerability of European legal norms there. The reception of the common law in Arkansas was simply one element in a more general exchange of cultures which occurred following the Louisiana Purchase. I At ten o'clock on the morning of March 12, 1682, Robert Cavalier, sieur de la Salle, having been commissioned four years earlier by Louis XIV of France to explore and take possession of the Mississippi and its tributaries, drew near the Quapaw Village of Kappa. The village was located on the right bank of the Mississippi River about twenty miles north of the mouth of the Arkansas. From the war chants emanating from the Indian town, La Salle judged that he was in for a hostile reception; so he hastily constructed a "fort" on an island opposite the village and awaited developments. Soon, however, the Quapaw chief sent the calumet of peace, and La Salle and his men went to Kappa where they were received with every possible demonstration of affection both public and private. Asked by the Quapaws for help against their enemies, La Salle promised that they could thenceforth look for protection to the greatest prince of the world, in whose behalf he had come to them and to all the other nations who lived along and around the river. In return, La Salle said, the Quapaws had to consent expressly to the erection in their village of a column on which His Majesty's arms were to be painted, symbolizing their recognition that he was the master of their lands. The Indians agreed and Henry de Tonti, La Salle's lieutenant 3. See generally G. DARGO, JEFFERSON'S LOUISIANA: POLITICS AND THE CLASH OF LEGAL TRADITIONS (1975). 4. 1 LAWS OF A PUBLIC AND GENERAL NATURE, OF THE DISTRICT OF LOUISIANA, OF THE TERRITORY OF LOUISIANA, OF THE TERRITORY OF MISSOURI, AND OF THE STATE OF MISSOURI, UP TO THE YEAR 1824, ch. 154 (1842). 1983) COLONIAL LEGAL SYSTEM 393 and commandant of one of the two brigades in the company, immediately caused the column to be fashioned. On it was painted a cross and the arms of France, and it bore these words: Louis the Great, King of France and of Navarre, rules. 13th of March, 1682. Tonti then conducted the column with all the French men-at-arms to the plaza of the village, and, La Salle taking up a position at the head of his brigade and Tonti at the head of his, the Reverend Father Zeno be Membre sang the hymn 0 crux, ave, spes unica. The company then went three times around the plaza, each time singing the psalm Exaudiat te Dominus and shouting vive le roy to the discharge of their muskets. They then planted the column while repeating the cries of vive le roy, and La Salle, standing near the column and holding the king's commission in his hand, spoke in a loud voice the following words in French: On behalf of the very high, very invincible, and victorious prince Louis the Great, by the grace of God, King of France and of Navarre, the fourteenth of this name, today, the 13th of March, 1682, with the consent of the nation of the Arkansas assembled at the village of Kappa and present at this place, in the name of the king and his allies, I, by virtue of the commission of His Majesty of which I am bearer and which I hold presently in my hand . , have taken possession in the name of His ffi.ajesty, his heirs, and the successors to his crown, of the country of Louisiana and of all the nations, mines, minerals, ports, harbors, seas, straits, and roadsteads, and of everything contained within the same . . . . After more musket-firing and the giving of presents the Indians celebrated their new alliance throughout the night, pressing their hands to the column and then rubbing their bodies in testimony to the joy which they felt in having made so advantageous a connection. Thus did France gain sovereignty over and ownership of Arkansas. The reason that we know all these details and more about La Salle's activities in Arkansas is that he had requested, and received, from Jacques de la Metairie, the notary who was in his company, a lengthy proces-verbal describing the events at Kappa and officially attesting their occurrence.5 This was Arkansas's first exposure to civilian legal processes. It would be almost 150 years before the influence of the civil law ceased to make itself felt there. 5. 2 P. MARGRY, DECOUVERTES ET ETABLISSEMENT DES FRAN<;:AIS DANS L'0UEST ET DANS LE SUD DE L'AMERIQUE SEPTENTRIONALE, 1614-1754 (1881). 394 UALR LAW JOURNAL [Vol. 6:391 II Arkansas Post was the first European establishment in the lower Mississippi valley. It was first located about twenty-seven miles by river from the mouth of the Arkansas on the edge of Little Prairie at what is now called the Menard Site. (See Figure 2). Settled in 1686 by six tenants of Henry de Tonti to whom La Salle in 1682 had granted the lower Arkansas as a seignory, 6 it was to serve as an Indian trading post and as an intermediate station between the Illinois country and the Gulf of Mexico.7 Tonti's plans for the place had been large indeed. In 1689 he promised the Jesuits to build a house and chapel at the Arkansas and to grant a resident priest a sizeable amount of land; while there, Tonti confidently asserted, the priest could "come and say mass in the French quarter near our fort."8 No priest in fact established himself during Tonti's ownership of the Arkansas and his French quarter and fort never materialized. When in an undated grant of land to Jacques Cardinal, one of his men at the Post, Tonti styled himself seigneur de ville de Tonti (lord of the town of Tonti),9 he was in the grips of an excessive enthusiasm. There is no evidence that the European population of the place ever exceeded six. In fact, when Joutel arrived there in 1687 there were only two Frenchmen remaining in residence; 10 and the single log house he descpbed is apparently the only structure ever erected at Tonti's Post. Joutel remarked of Tonti's two traders that "if I was joyous to find them, they participated in the joy since we left them the wherewithal to maintain themselves for some time." Indeed, he said, "they were almost as much in need of our help as we of theirs." He ridiculed the whole idea of a post at that location. "The said house," Joutel noted sarcastically, "was to serve as an 6. See Faye, The Arkansas Post ef Louisiana: French Domination, ;26 LA. HIST. Q. 633, 635-36 ( 1943). 7. Such was the view of Father Douay, a Jesuit who described Tonti's post in 1687. See M. THOMAS, THE ARKANSAS POST OF LOUISIANA, 1682-1783 (M.A. Thesis, University of California, 1948). 8. Tonti's grant to the Jesuits is quoted in 1 M. GIRAUD, A HISTORY OF FRENCH LOUISIANA 8 (J. Lambert trans., 1974). 9. The grant is translated in THE FRENCH FOUNDATIONS 396 (T. Pease & R. Werner eds., 1934). 10. Faye, supra note 6, at 735. 1983] COLONIAL LEGAL SYSTEM Henry de Tonti, lieutenant of La Salle. He founded Arkansas Post in 1686 and in the late seventeenth century styled himself seigneur de ville de Tonti. He was the first European to possess judicial authority in Arkansas. (Courtesy of the Museum of the History of Mobile). 395 396 UALR LAW JOURNAL · [Vol. 6:391 entrepot [way-station] for the French who travelled in these parts, but we were the only ones whom it so served." 11 Short of supplies and virtually inaccessible, the tiny outpost never prospered. The war with the Iroquois closed the route to Canada and made trade to and from Arkansas impossible much of the time until 1693.12 By 1696, Jean Couture, Tonti's lieutenant and commandant at the Post, had deserted to the English, 13 and in 1699 Jesuit missionaries to the Quapaws found no trace of a French settlement. 14 By then the French had evidently abandoned the Arkansas, though there may have remained behind a "few white savages thereabouts as wild as red savages." 15 However grandiose and ambitious had been the schemes of Tonti, they would soon come to seem tame. In 1717 the Mercure de France, a Paris newspaper, began advertising the riches of Louisiana to its readers: Gold and silver could be mined there "with almost no labor." The mountains situated on the Arkansas River would be explored, and there, one correspondent exuded, "we shall gather, believe me, specimens from silver mines, since others already have gathered such there without trouble." When Cadillac sensibly protested that "the mines of the Arkansas were a dream" he was promptly committed to the Bastille "on suspicion of having spoken with scant propriety against the Government of France."16 The man behind the propaganda campaign was John Law, a Scot, who owned a bank in Paris and who had in 1717 succeeded in securing for his Compagnie d'Occident a monopoly on Louisiana trade. Law's company recruited thousands of colonists to settle in Louisiana and the king granted it authority to grant land from the 11. Joutel Remarques sur /'Ouvrage de Tonti Re/at(( a la Louisiane ( 1703), Archives Service Hydrographique (Paris), vol. 115-9, no. 12 (Typescript in Little Rock Public Library). The translation in the text is mine. 12. Faye, supra note 6, at 638. 13. IBERVILLE'S GULF JouRNALS 144 at n.98 (R. McWilliams ed. 1950). 14. 18 COLLECTIONS OF THE WISCONSIN HISTORICAL SOCIETY 427, at n.37 (1908). 15. Faye, supra note 6, at 646. See also I M. GIRAUD, supra note 8, at 8: "When d'Iberville reached the Mississippi [i.e., in 1699] the post had been abandoned." Some writers are reluctant to say that the Arkansas was completely devoid of Europeans at this time. See, e.g., P. HOLDER, ARCHAEOLOGICAL FIELD RESEARCH ON THE PROBLEM OF THE LOCATIONS OF ARKANSAS POST ARKANSAS 4 (1957): "The French occupation of the general area along the lower courses of the Arkansas and White Rivers was virtually continuous from the 1680's onward." The truth is that the sources simply fail to mention any Europeans in Arkansas, except Jesuit missionaries, between 1699 and 1721. It is, however, hard to resist believing that a few hunters and trappers ventured from time to time into the area and established temporary camps there. Almost certainly no real settlement existed however. 16. Faye, supra note 6, at 653. 1983] COLONIAL LEGAL SYSTEM 397 Royal domain. Proprietors of the company's land grants (concessionaires) were given considerable latitude in choosing the spots for their settlements, since the interior of Louisiana was not well known; and they therefore exercised much discretion in locating their colonists on arrival. 17 However, the company early on had recognized the Arkansas River as an important spot, since it was thought that it might well be the best route to the Spanish mines of Mexico. Thus the company specifically directed where the Arkansas concession should be located and ordered that it be the first occupied. 18 It granted this concession to Law himself. In August of 1721, a group of Law's French engages (perhaps as many as eighty) took possession of land on Little Prairie at or near the site of Tonti's abandoned trading post. 19 (See Figure 2). Although Law was by then bankrupt and had fled France, the news did not reach Louisiana until after Jacques Levens, Law's director in Louisiana, had caused the Arkansas colony to be established under the command of some of his subordinates.20 By December of that year Bertrand Dufresne, sieur du Demaine, replaced Levens as director for Arkansas, and in March of 1722 he took possession of the concession and began an inventory of its effects and papers.21 On his arrival he found only twenty cabins and three arpents (about 2.5 acres) of cleared ground. He reported a total of about fifty men and women resident,22 tristes debris, Father Charlevoix called them,23 of Mr. Law's concession. They had produced only an insignificant harvest. Lieutenant la Boulaye was nearby with a military detachment of seventeen men.24 (See Figure 1). Despite the existence of a company store at the Arkansas concession, both the colony and the military establishment were in considerable difficulty.25 Dufresne therefore immediately released twenty of the engages from service and gave them lots to cultivate in the hopes that a better harvest of corn and wheat would be realized in 1722. In February of the following year there were only forty-one colonists remaining, divided now into two small farming communi- 17. 4 M. GIRAUD, H!STOJRE DE LA LOUISIANE FRANc_;;AISE 198 (1974). 18. Id. 19. Id. 20. Id. at 199. 21. Id. at 271. 22. Id. at 272. 23. 6 P. CHARLEVOIX, JOURNAL D'UN VOYAGE FAIT PAR ORDRE DU Roi DANS L'AMERIQUE SEPTENTRIONNALE 164 (1744). 24. 4 M. GIRAUD, supra note 17, at 273. 25. The following paragraph is based on Id. at 273-74. 398 UALR LAW JOURNAL [Vol. 6:391 ties: Fourteen men and one woman at Law's concession under Dufresne, and sixteen men, some with families, two leagues down the river with the troops. Among this latter group there lived six black slaves. 26 Benard la Harpe, while exploring the river in 1721, had predicted, or at least hoped for, a turn in the fortunes of the struggling colony, but that hope proved false and in 1727 Father Paul du Poisson, the Jesuit missionary to the Arkansas, reported that only about thirty Frenchmen remained behind.27 The military post had been abandoned two years previous. 28 Village des Arcan~as ---N Poste francais commande par le S. la Boulaie 0 - - - -, ·: ·Concession de M. Law I I L. --- ' MISSISSIPPI Figure 1 Sketch of the location of Law's colony by Dumont de Montigny,Archives Nationales, Paris, 6 JJ-75, Piece 254. All this seemed worth recounting in some detail because for generations historians of Arkansas have believed that a colony of Germans once occupied their river. Law did recruit many Germans for settlement in Louisiana, and they were destined for the Arkansas, but as soon as the news of Law's bankruptcy reached the colony 26. Recensement General des Habitans Estab!ys,,.SoteJouy Arkansas et d~s Ouvrier~ ~e la Concession cy devant Apartenant a M. Law, 18 February, 1723. (Transcnpt at Lomsiana History Center, Louisiana State Museum, New Orleans). 27. Du Poisson to Father___, translated in Falconer, Arkansas and the Jesuits in 1727-A Translation, 4 PUBLICATIONS OF THE ARKANSAS HISTORICAL ASSOCIATION 352, at 375 (1917). 28. Faye, supra note 6, at 670. 1983] COLONIAL LEGAL SYSTEM 399 in June of 1721, the Compagnie des Indies took over the direction of his concession;29 and when the time arrived to transport the German immigrants to Arkansas, the company, in an economy move, decided instead to send them to Delaire's grant in Lower Louisiana.30 In short, none of Law's Germans ever reached Arkansas. This is a pity, as the prospect of discussing, or at least imagining, a group of German immigrants living under French law on the Arkansas River was an intriguing one--one of which the facts have now unfortu-nately deprived us. · III Before 1712, the colony of Louisiana, with a population of only a few hundred, had been entirely under military rule and regular civil regulation was altogether lacking. On September 19, 1712, the Crown granted a trade monopoly to Antoine Crozat but he was given no governmental authority: As Henry Dart noted, the charter was "only an operating contract with the duties of government retained in the Crown."31 However, the charter did adopt as law for the colony "nos Edits, Ordonnances Et Coutumes Et !es usages de la Prevoste Et Vitf/omte de Paris--our edicts, ordinances, and customs, and the usages of the Provostry and Viscounty of Paris."32 The Coutume, despite its name, was actually a small code of some 362 titles first reduced to writing in 1510,33 and treating both substantive and adjective law. It was itself terse, indeed epigrammatic; but the commentary on it by the time of its adoption in Louisiana was voluminous. 34 Annotated versions of the Coutume were therefore very popular in France and in time they found their way to Louisiana.35 Also in 1712, by a separate instrument, a new and important institution was created for the colony, the Superior Council of Louisiana. 36 Modelled on the governmental arrangements already in 29. 4 M. GIRAUD, supra note 17, at 216. 30. Id. at 248. 31. Dart, The Legal Institutions of Louisiana, 3 SOUTHERN LAW Q. 247 (1918). This article also appears in 2 LA. HIST. Q. 72 (1919). 32. The charter is printed in 4 PUBLICATIONS LA. HIST. Soc. 13, at 17 (1909). 33. For a precis of its provisions, title by title, see Schmidt, History ef the Jurisprudence of Louisiana, l LA. L. J., no. l, l (1841). 34. The most useful eighteenth-century commentary is C. FERRIERE, CoMMENTAIRE SUR LA CouTUME DE LA PREVOTE ET VICOMTE DE p ARIS. It is available in several editions. 35. Dart, The Law Library ef a Louisiana Lawyer in the 18th Century, 25 REPORTS OF THE LOUISIANA BAR ASSOCIATION 12, at 22 et seq. (1924). 36. See Dart, supra note 31, at 249 et seq. See also, for some discussion of the work of this body, Hardy, The Superior Council in Colonial Louisiana, in FRENCHMEN AND FRENCH 400 UALR LAW JOURNAL [Vol. 6:391 place in other French colonies, the Council had original and exclusive jurisdiction to decide disputes arising anywhere in Louisiana. It consisted of the Lieutenant General of New France; the Intendant of the same; the Governor of Louisiana; a first councilor of the king; two other councilors; the attorney general; and a clerk. Judgments in civil cases required the concurrence of at least three members and in criminal cases at least five. The Council was originally created to exist for three years, but on September 7, 1716, it became by virtue of a Royal Edict a permanent institution.37 In 1717 a fundamental change occurred in the government of Louisiana. In that year Crozat, having lost an enormous sum under his operating charter, surrendered it, and John Law's Compagnie d'Occident was given a monopoly over trade in the colony. In addition, unlike Crozat's company, the Compagnie d'Occident was granted extensive governmental authority: It had the power to appoint the Superior Council, to name governors and military commandants, and to appoint and remove all judges. The charter also provided that "Seront tous !es juges Etbalis en tous !es d. Lieux tenus de juger suivant !es Loix Et ordonnances du Royaume Et se Con-former a la Coutume de la prevoste Et Vicomte de Paris. . . ."; that is, that "all the judges established in all the said places shall be bound to judge according to the laws and ordinances of the realm, and [shall also be bound] to conform to the customs of the Prevostry and Viscounty of Paris."38 This portion of the charter obviously provided for the reception of general French legislation and the Custom of Paris. In addition, it has been shown that subsequent French legislation, as soon as it was registered in the colony, and the legislation of the Superior Council itself, formed part of the body of colonial Louisiana law.39 The subsequent French legislation was of three distinct sorts: (a) general legislation; (b) special colonial legislation; ( c) colonial legislation passed specifically for Louisiana. 40 Two years later we hear for the first time about inferior courts for outlying portions of the colony. On September 12, 1719, the king noted the need to appoint persons to act as judges "to facilitate w A YS IN THE MISSISSIPPI v ALLEY 87 (J. McDemott ed., 1969); Micelle, From Law Court to Local Government: Metamorphosis of the Superior Council of French Louisiana, 9 LA. HIST. 85 (1968). 37. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 21-23 (19CS). 38. Id. at 48. 39. Baade, Marriage Contracts in French and Spanish Louisiana: A Study in "Notarial" Jurisprudence, 53 TUL. L. REV. 3, 9 (1978). 40. Id. 1983] COLONIAL LEGAL SYSTEM 401 the administration of justice in places distant from the place where the Superior Council holds it sessions."41 The "heads or directors" of concessions along with "other of our subjects, capable and of probity" were to "exercise both civil and criminal justice." The edict went on to provide that, even in these inferior courts, "three judges shall sit in civil matters and in criminal matters five judges . " The plan, evidently, was to have a kind of provincial council at each settlement. The king further provided that an appeal from these local tribunals would lie in all cases to the Superior Council.42 All this was being done, of course, to make ready the way for Law's colonizing schemes. In 1720 or 1721 Louisiana was for the first time divided into districts (or counties). Arkansas was one of the nine districts originally created, and a local commandant and a judge was assigned to each "to put justice with greater ease in reach of the colonists."43 Presumably, and understandably, the plan to establish local councils outside New Orleans was abandoned at this time. The sources simply fail us on the question of whether more than one person was expected to sit on local courts, but it could not have proved workable in remote places like Arkansas to assemble a multi-member judicial body. In May of 1722 the Regent issued an order creating a provincial council for Illinois, the jurisdiction of which supposedly extended from "all places on and above and Arkansas River . . . to the boundaries of the Wabash River." The commandant of the Illinois, Lieutenant de Boisbriant, was to serve as "chief and judge" of this so-called council, which in fact had only one other member.44 It thus seems to have been the plan to abolish the Arkansas district and annex its territory to its nearest northern neighbor; and the Illinois provincial council was directed "to hold its sessions at the places where the principal factories of the company shall be estab- 41. The edict is printed in 4 PUBLICATIONS LA. HIST. Soc. 63 (1908). 42. The translation in the text is mine. The entire edict is translated and discussed in Dart, supra note 31, at 261 et seq. Further discussion of this edict can be found in Dart, The Colonial Legal Systems of Arkansas, Louisiana, and Texas, 27 REPORTS OF THE LOUISIANA BAR ASSOCIATION 43 at 52 (1926). 43. Id. at 267. The other districts were New Orleans, Biloxi, Mobile, Alibamous, Natchez, Yazoo, N atchitotches, and the Illinois. 44. Translated extracts from this order appear in 2 J. WHITE, A NEW COLLECTION OF LAWS, CHARTERS, AND LOCAL ORDINANCES OF THE GOVERNMENTS OF GREAT BRITAIN, FRANCE, AND SPAIN, RELATING TO THE CONCESSION OF LAND IN THEIR RESPECTIVE COLONIES . 439-40 (1837). 402 UALR LAW JOURNAL [Vol. 6:391 lished."45 This language could have been construed to require the Illinois council to sit at the Arkansas. It is, however, very much to be doubted that such a session was ever held, and certainly it is not believeable that anyone would repair from Arkansas to Illinois to settle a grievance in 1722. It seems probable, then, that whatever judicial functions were exercised at the Arkansas were entrusted to its resident directors even after the supposed creation of the council of the Illinois. The only resident director that the Arkansas ever had was, as we saw, Bertrand Dufresne, sieur du Demaine, who arrived at the Post March 22, 1722, and he was evidently the judge from that point on. Prior to that, Jacques Levens had been director, but as he never took up residence in Arkansas we have to presume that if judicial functions were undertaken by anyone, it was by one or more of the three subordinates to whom Levens had entrusted the management of the struggling colony: Jean-Baptiste, Menard, Martin Merrick, and Labro.46 When Dufresne left the Arkansas around 1726 we can hardly guess the means resorted to for the settlement of disputes. Probably Father Paul du Poisson, the Jesuit missionary resident from 1727 to 1729, used his good offices to maintain order among the approximately thirty Frenchmen who had remained behind.47 It seems probable, therefore, that Arkansas's first sustained exposure to European legal proceedings and principles occurred in the period during which Law's Company held sway in Louisiana. Tonti's seventeenth-century feudal seignory no doubt carried with it the right to render justice. Though his charter from La Salle has not as yet come to light,48 other conveyances of La Salle's are extant; and in them he gave his grantees judicial power over small cases ("low justice" this is called) while specifically reserving important cases ("high justice") to himself. (Cases of the latter type he directed to be heard by the judge "who shall be established at Fort St. 45. Id. at 440. 46. 4 M. GIRAUD, supra note 17, at 272. Menard left the Arkansas in 1722 (jd., 275) and was in New Orleans in 1720. Index to the Records efthe Superior Council of Louisiana, 4 LA. HIST. Q. 349 (1921). 47. Dufresne appears in the Arkansas census of January !, 1726; but on October 21, 1726, he is described as a "settler in Arkansas, but now domiciled with Mr. Traguidy [in New Orleans]." Index to the Records of Superior Council of New Orleans, 3 LA. HIST. Q. 420 (1920). In 1727 there was no director at the Arkansas, as Father Du Poisson tells us that he took up evidence in "the India Company's house, which is also that of the commandants when there are any here . " See Falconer, supra note 27, at 371. 48. For a charter from Tonti to Jacques Cardinal, one of his men at the Arkansas, see THE FRENCH FOUNDATIONS, supra note 9, at 396. 'Fhla is tlae Olll)' grant gf Tgati's eKtastF 1983] COLONIAL LEGAL SYSTEM 403 Louis.")49 We do not know whether Tonti's charter contained identical provisions but it certainly would have contained similar ones. But during the fifteen years or so that Tonti held the right to dispose of certain cases arising in his seignory, it hardly seems credible that he or his deputies ever held anything resembling a court, or even executed many instruments or documents.50 IV In 1731 the Compagnie d'Occident surrendered its charter to Louis XV, and for the rest of the period of French dominion Louisiana was a Crown Colony. Late that same year a military garrison was re-established in Arkansas; it consisted of twelve men commanded by First Ensign de Coulange and was located again on the edge of Little Prairie. 51 (See Figure 2). It was apparently during the reorganization of the colony in 1731 that civil and military authority at the outposts of Louisiana were combined in the commandant of the garrison-an arrangement that would survive into the Spanish period and even for a short time during the American regime. Part of a post commandant's civil authority was to act as notary and judge. The exact scope of his judicial jurisdiction during the French period is obscure, there being no document of which I am aware which describes it specifically. Parkman, writing of conditions in the Illinois in 1764, says that the "military commandant whose station was at Fort Chartres on the Mississippi, ruled the Colony with a sway as absolute as that of the Pasha of Egypt, and judged civil and criminal cases without right of appeal."52 Captain Phillip Pittman, an English engineer and Mississippi explorer who was writing at almost exactly the same time, gives a slightly different version. According to him, the Illinois commandant "was absolute 49. Concession in fee by La Salle to Pierre Prudhomme, in id. at 32. 50. When Tonti petitioned for confirmation of his charter, he was evidently refused. The petition is printed in E. MURPHEY, HENRY DE TONTI, FUR TRADER OF THE MISSISSIPPI 119 (1941). It is possible that La Salle did not have the power to make permanent grants and that may be the reason that Tonti needed confirmation. The Letters Patent of May 12, 1678, giving La Salle the right to explore "the western part of New France" in the king's behalf, gave him the power to build forts wherever he deemed them necessary; and he was "to hold them on the same tern1s and conditions as Fort Frontenac." See T. FALCONER, ON THE DISCOVERY OF THE MISSISSIPPI 19 (1844). La Salle said expressly in 1683 that this allowed him to "divide with the French and the Indians both the lands and the commerce of said country until it may please his majesty to command otherwise . " See THE FRENCH FoUNDATio~;upra note 9, at 43. The language is ambiguous, but on one permissible reading it indicates a specifically reserved power in the king to revoke grants made by La Salle. 51. Faye, supra note 6, at 673. 52. Quoted in Dart, supra note 31, at 249. 404 UALR LAW JOURNAL [Vol. 6:391 in authority, except in matters of life and death; capital offences were tried by the council at New Orleans."53 Of course, the Arkansas commandant's judicial jurisdiction was not necessarily as extensive as that possessed by the commandant of the Illinois. He may very well have been subordinate to the Illinois commandant during most of the French period. Some fitful light is thrown on the judicial authority of the Arkansas commandant by an interesting proceeding which took place at the Post in 1743.54 In October of that year, Anne Catherine Chenalenne, the widow of Jean Francois Lepine, petitioned Lieutenant Jean-Francois Tisserant de Montcharvaux, whom she styled "Commandant for the King at the Fort of Arkansas," asking him to cause an inventory and appraisal to be made of the community property in her possession. The object in view was to make a distribution to the petitioner's son-in-law and daughter who had the previous May lost all their goods when attacked by Chickasaws on the Mississippi not far below the mouth of the Arkansas. They had narrowly escaped with their lives.55 Widow Lepine had decided to make a distribution to "her poor children, at least to those who have run so much risk among the savages." She was preparing to marry Charles Lincto, a well-to-do resident of the Post, and she wished to dissolve the old community which by custom had continued after her husband's death in her and their children. The commandant informed Madame Lepine that on 26 October, 1743, he would inventory the "real and personal property derived from the marital community" and would bring with him two persons to look after the widow's interest and two to represent the children. The idea was that each party in interest should have independent appraisers present to insure the impartiality of the inventory and evaluation. De Montcharvaux in the presence of these and other witnesses caused the inventory to be made on the appointed day. The estate was fairly sizeable, being valued at 14,530 /ivres and 10 sols. It contained a great deal of personalty, including four slaves, a number of animals, 1600 pounds of tobacco, and notes and accounts receivable; the realty noted was "an old house" with three small outbuildings. Interestingly, no land was mentioned. There are two possible explanations for the absence of land in S3. P. PITTMAN, THE PRESENT STATE OF THE EUROPEAN SETTLEMENT ON THE M1ss1sSIPPI S3 (1770) (Reprinted with intro. by R. Rea 1973). S4. The relevant documents are translated in Core, Arkansas through the Looking Glass ef 1743 Documents, 22 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 16 (1979). SS. This incident is reported and discussed in Faye, supra note 6, at 677-78. 1983] COLONIAL LEGAL SYSTEM 405 the inventory. One is that land may not have been actually granted to Arkansas settlers but only given over temporarily to their use. The other possibility is that the land on which the house was built had belonged to Lepine before the marriage and had remained his separate property under his marriage contract or under the general provisions of the Coutume de Paris. The Coutume, which, as we have seen, was in force in French Louisiana, provided that all movables (personalty), belonging to a husband or wife, whenever acquired, became part of the community; but only certain immovables (realty) acquired after the marriage were so treated.56 This rule could be altered by contract, but in Louisiana, as in France, the Coutume was often specifically incorporated into marriage contracts by future spouses in defining the regime that would rule their property; 57 and if there was no contract provision creating a property regime, the Coutume of course automatically applied. The inventory is said to have been made "Pardevant nous Jean Francois Tisserant Ecuyer Sieur Demoncharvaus Commandant pour le Roy au Fort des Arkansas." The formulapardevant nous ("before us") is Parisian notarial boiler-plate and indicates that the commandant was acting in his surrogate notarial capacity. To an American common lawyer, the notary is not a member of the legal profession, not even a paralegal. But in seventeenth- and eighteenth-century France he enjoyed a much more elevated status, as indeed he still does in that country. Originally an official of the medieval European ecclesiastical courts, the notary developed into a noncontentious secular legal professional in France. In England, partly because the canon and secular laws were not on speaking terms, "the notarial system never took deep root."58 For one thing, an important aspect of the notary's duties, his authority to "authenticate" documents, was of little use to the English. The whole notion of a state-sanctioned authenticator of private acts was entirely foreign to the common law: Whereas in France we see notaries "making" and "passing" contracts, the common law left that to the parties. The state was very much in the background in England, and was called upon only to enforce obligations that arose by force of nature. The other aspect of the French notary's duties, the drafting of instruments, conveyancing, and the giving of legal advice, was per- 56. See Baade, supra note 39, at 7, 8. 57. Id. at 25. 58. l F. POLLOCK & F. MAITLAND, A HISTORY OF ENGLISH LAW 218 (2d ed., reissued with intro. by S. Milsom 1968). 406 UALR LAW JOURNAL [Vol. 6:391 formed by the regular legal profession in England. It is true that there was a scriveners' company organized in London in the sixteenth century which was granted a charter in the reign of James l.59 Members were empowered to draft legal documents, especially obligations (or bonds), and they gave a certain amount of low-level legal advice particularly in commercial and banking matters. 60 The few secular notaries who practiced in London at that time concerned themselves mainly with drafting documents relevant to international trade, and they were members of this company.61 But in the eighteenth century the company lost its effort to keep commonlaw attorneys from competing, and in 1804 parliament made conveyancing the monopoly of the regular legal profession.62 In contrast, the French notary's duties by the eighteenth century had come to include not only the familiar ones of administering oaths, taking acknowledgements, and giving "authenticity" to "acts" of private persons by attesting them officially, but they also ran generally to the drafting of documents, conveyancing, and the giving of practical legal advice.63 It is not surprising, therefore, that notaries would 59. See 12 w. HOLDSWORTH, A HISTORY OF ENGLISH LAW 70 (1938). See generally on the notary in England, Gutteridge, The Origin and Development ef the Profession of Notaries Public in England, in CAMBRIDGE LEGAL ESSAYS 12 (1926). 60. 12 w. HOLDSWORTH, supra note 59, at id. 61. 5 w. HOLDSWORTH, supra note 59, at 115 (3d ed. 1945). 62. 12 w. HOLDSWORTH, supra note 59, at 71-72; T. PLUCKNETT, A CONCISE HISTORY OF THE COMMON LAW 227-28 (5th ed. 1956). 63. As draftman of wills, marriage contracts, and conveyances, Mons. le Notaire has survived in France as a much respected person, especially in the country villages. He is a general non-forensic legal practitioner, his part in the legal scheme "being confined to voluntary as distinct from contentious jurisdiction." Brown, The office of Notary in France, 2 INT'L & COMP. L. Q. 60, at 64 (1953). Indeed, the French notary is close to the equivalent of the English solicitor, except for the latter's participation in litigation. Thus one modern-day commentator opined that "a solicitor would feel much at home in the etude of the French notary, though he would be surprised, and perhaps disappointed, by the cordiality of the morning post." Id. at 71. Today in Louisiana as well the notary enjoys considerable powers. See Burke & Fox, The Notaire in North America: A Short Study of the Adaptation of a Civil Law Institution, 50 TUL. L. REV. 318, at 328-32 (1975); Brosman, Louisiana-An Accidental Experiment in Fusrim, 24 TUL. L. REV. 95, 98-99 (1949). The Louisiana notary has the power "to make inventories, appraisements, and petitions; to receive wills, make protests, matrimonial contracts, conveyances, and generally, all contracts and instruments of writing; to hold family meetings and meetings of creditors; . to affix the seals upon the effects of deceased persons and to raise the same." LA. STAT. ANN.§ 35:2 (1964). When the Louisiana legislature defined the practice of law, and prohibited all but licensed attorneys from engaging in it, it therefore remembered to except acts performed by the notary which were "necessary or incidental to the exercise of the powers and functions of (his] office." LA. STAT. ANN. § 37:212(B) (1974). A walk through modern-day New Orleans will reveal a number of signs proclaiming the existence of "Law and Notarial Offices", a combination having an odd ring in the ears of an American common lawyer. The Louisiana notary is simply "a different and 1983] COLONIAL LEGAL SYSTEM 407 make an appearance in eighteenth-century Louisiana. In New Orleans, of course, there was much work for them, but there were also provincial notaries operating in Biloxi, Mobile, Natchitoches, Pointe Coupee, and Kaskaskia.64 Since De Montcharvaux acted as notary for the Lepine inventory, it is reasonably clear that there was no provincial notary resident at the Arkansas at that time. This comes as no surprise since in 1746 there were at the Post only twelve habitant families, ten slaves, and twenty men in the garrison, 65 hardly a sufficient European population to require or attract a law-trained scrivener. When it was time to have their marriage contract made, the widow Chenalenne and her future spouse executed it in New Orleans. No doubt there was available there legal advice on which they might more comfortably rely.66 Besides, there was at that time no resident priest at the Post to perform the marriage. v On May 10, 1749, an event occurred that considerably reduced the European population of Arkansas and also made it difficult to attract settlers there for some time. On that day, the Post was attacked by a group of about 150 Chicaksaw and Abeka warriors. Their coming was undetected67 and thus they caught the small habitant population altogether unaware. They burned the settlement, killed six male settlers, and took eight women and children as slaves.68 The census taken later that year shows, not surprisingly, that the population had decreased since the previous census. Seven more important official person than is the notary public in other jurisdictions of the United States." Brosman, supra at 98. 64. See Baade, supra note 39, at 12. 65. Memoire sur /'Eta! de la Colonie de la Louisiane en 1746. Archives des Colonies, Archives Nationales, Paris [hereinafter cited as ANC], Cl3A, 30:242-281, at 249, (Typescript of original document available at Little Rock Public Library). As the average family size in Arkansas in the middle of the eighteenth century was about four, this would put the number of habitant whites at the Post at about forty-eight. 66. For an abstract of this marriage contract, see Records o.f the Superior Council o.f Louisiana, 13 LA. HlsT. Q. 129 (1944). 67. However, the habitants may have had a warning that something was afoot, for on May l, Francois Sarrazin had written from Arkansas that "two savages have killed a man and a woman and burnt a man in the frame." Records efthe Superior Court o.f Louisiana, 20 LA. HlsT. Q. 505 (1937). This incident may have been connected with the attack nine days later. 68. Vaudreuil to Rouille, September 22, 1749, calendared in THE VAUDREUIL PAPERS 59-60 (B. Barron ed., 1975). See also Faye, supra note 6, at 684 et seq. W. BAIRD, THE QUAPAW INDIANS: A HISTORY OF THE DOWNSTREAM PEOPLE 34 (1980), gives the number taken as slaves as thirteen. 408 UALR LAW JOURNAL [Vol. 6:391 men, eight women, eight boys, and eight girls remained, a total of only thirty-one white habitants at the Poste des Akansa .69 Nor did all this mark an end to serious trouble. When in June of 1751 First Ensign Louis-Xavier-Martin de Lino de Chalmette, the commandant of the Post, went uninvited to New Orleans to consult with the governor, his entire garrison of six men took the opportunity to desert. 70 Things were obviously at a critical juncture. When later in 17 51 Lieutenant Paul Augustin le Pelletier de la Houssaye took command at Arkansas he found there a post recently rebuilt by its habitants and _voyagij,tfrs and probably already relocated to a spot ten or twelve miles upriver at the edge of the Grand Prairie. (See Figure 2). It is clear that Governor Vaudreuil had determined to hold the Arkansas even if the cost proved high, for he assigned to De La Houssaye a large company of forty-five men.71 The lieutenant was also authorized to build a new fort; government funds being lacking, he undertook the construction at his own expense in return for a five-year Indian trade monopoly.72 This new beginning could, in the nature of things, have given only a slight lift to the prospects for sustained settlement in the Arkansas country. Late in 1752 Governor Vaudreuil was informed that the Osages had attempted an attack on Arkansas Post but had failed. 73 While this indicates a stability of sorts for the l?ost, thanks no doubt to the size of the new garrison, still the perceived danger must have been so high as to discourage all but the most intrepid from taking up residence at the Arkansas. Mentions of Arkansas in the legal records tend to emphasize the dangerousness of the place. For instance, a couple from Pointe Coupee, on the verge of leaving for a hunting trip to the White River country, thought it best to deed their property to a relative, with the stipulation that the deed was to be void if they returned.74 It is not surprising, therefore, that even as late as 1766, the last year of French dominion, only eight habitant families, consisting in all of forty white persons, were resident at Arkansas Post.75 69. Arkansas Post Census, 1749, Loudon Papers 200, Huntington Library, San Marino, CA. There were also fourteen slaves resident at the post and sixteen voyageurs who had returned after their winter's work. There were five hunters on the White River and four on the St. Francis. Thirty-five hunters had failed to return from the Arkansas River. 70. Faye, supra note 6, at 708. 71. Id. at 211. 72. Id. 73. THE VAUDREUIL PAPERS, supra note 68, at 136. 74. Index to the Records of the Superior Council of Louisiana, 24 LA. HlsT. Q. 75 (1941). 75. See Din, Arkansas Post in the American Revolution, 40 ARK. HIST. Q. 3, at 4 (1981). 1983] COLONIAL LEGAL SYSTEM 409 All of these difficulties, and others, made for a place in which it might be regarded as too polite to expect the presence of much which corresponds to a legal system. In addition, political exigencies sometimes interfered to such an extent that the application of even-handed legal principle became inexpedient and thus entirely impracticable. For instance, the continued existence of the Arkansas settlement depended heavily on the loyalty of the Quapaws and their wishes were therefore relevant to any important decision made there. Their influence could extend even to the operation of the legal system as the following incident demonstrates. On 12 September, 1756, a meeting was held in the Government House in New Orleans to hear an extraordinary request from Guedetonguay, the Medal Chief of the Quapaws.76 His tribe had captured four deserters from the Arkansas garrison and had returned them; but the chief had come on behalf of his nation to ask Governor Kerlerac to pardon the soldiers. One of those captured, Jean Baptiste Bernard, in addition to having deserted, had killed his corporal Jean Nicolet within the precincts of the fort. The chief, obviously a great orator, said that he had come a long distance to plead for the soldiers' lives despite the heat and the demands of the harvest; and in his peroration he said that his head hung low, hi~ eyes were fixed to the ground, and his heart wept for these men. He knew, he explained, that if he had not come they would have been executed, and this was intolerable to him because he regarded them as his own children. He recited many friendly acts of the Qua paws to prove the fidelity of his people to the French. Among them was the release of six slaves (perhaps Chicaksaws captured by the Quapaws) "who would have been burned" otherwise, and the recent capture of five Choctaws and two trespassing Englishmen. He himself, he noted, had recently lost one son and had had another wounded in the war against the Chickasaws; and he . counted this "a mark of affection for the French." In recompense he asked for the pardon of the soldiers. The chief added that this was the only such pardon his nation had thus far requested, and he promised never to ask again. He did not doubt that Kerlerac, "the great chief of the French father of the red men," charged to govern them on behalf of "the great chief of all the French who lived in the 76. What follows is based on a memorandum entitled "Harangues faites dans /'assemb/ee tenue a /'hotel du gouvernment cejourdhui, 20 Juin 1756," found in ANC, Cl3A, 39:177-180 (Transcript at Little Rock Public Library). The translations are mine. 410 UALR LAW JOURNAL [Vol. 6:391 great town on the other side of the great lake," would listen and do the just thing. Guedetonguay left his best argument for last. He maintained vigorously that, under his law, any criminal who managed to reach the refuge of the Cabanne de Valeur where the Quapaws practiced their religious rites was regarded as having been absolved of his crime. It was their custom everywhere that the chief of the Cabanne de Valeur "would sooner lose his life than suffer the refugee to undergo punishment for his crime." Evidently the soldiers were claiming this right; and Ouyayonsas, the chief of the Cabanne de Valeur, was there to back them up. This last argument was an excellent one because it called upon the French to recognize an established Indian usage not dissimilar from the European custom of sanctuary. And the argument carried with it a threat of violent reaction if the custom were not allowed. Kerlerac answered the chief that he was not unmindful of the past services of the Quapaws, nor was he ungrateful for them. "But," he said, "I cannot change the words declared by the great chief of all the French against such crimes, and . . . it would be a great abuse for the future" to pardon the soldiers. So, he continued, "despite all the friendship that the French have for you and your nation, these men deserve death." The great chief stood for a long time with his head down and finally answered ominously that he could not be responsible for the revolutions which the chief of the privileged house might stir up-revolutions which he said ''would not fail to occur." The argument continued and the governor offered to grant the chief "anything else except these four pardons." But Guedetonguay stubbornly maintained that "the sole purpose of his journey was to obtain the pardon of the four men." In the end the Governor extracted from the Quapaw chiefs "publicly and formally their word . . . that they would in the future deliver up all deserting soldiers as malefactors or other guilty persons without any restriction or condition whatsoever, and that . pardons would be accorded at the sole discretion of the French." No immediate decision was reached by the Governor, but later that day some of his advisors, having reflected on what they had heard, reckoned "that a refusal of the obstinate demands of these chiefs . . . the faithful allies of the French would only involve the colony in troublesome upheavals on the part of the said nations who have otherwise up to the present served very faithfully." They con- 1983] COLONIAL LEGAL SYSTEM 411 eluded that "saving a better idea by Monsieur le Gouverneur it would be dangerous, under all the present circumstances, not to satisfy the Indians with the pardons which they demanded." The governor took the advice but evidently did not write to Berryet, the French Minister of the Marine, for some time to tell him about it. From the comfort of Versailles it was easy for Berryet to pick at Kerlerac's decision.77 In responding to Kerlerac, Berryet first made the point that Bernard's case was different from that of the other captured soldiers since he was accused of homicide in addition to desertion. Then, too, the minister had a lot of questions. Could not the difference in Bernard's case have been urged on the Arkansas chiefs to get them to relent in his case? Where was the record of the legal proceedings which should have been conducted relative to the killing? If this was a wilfull murder the pardon had been conceded too easily. "It would be dangerous," the minister warned, ''to leave such a subject in the colony, not only because he would be an example of impunity but also because of new crimes that he might commit." (The arguments of general and specific deterrence are not very recent inventions.) Finally, the governor was sternly admonished "not to surrender easily to demands of this sort on the part of the savages . If on the one hand it is necessary, considering all the present circumstances, to humor the savages, it is also necessary to be careful of letting them set a tone that accords neither with the king's authority nor the good of the colony." Nevertheless, the minister talked to the king and he ratified the governor's decision. Writs of pardon were therefore issued under the king's name for each of the Arkansas soldiers. Because the homicide committed by Bernard was not a military crime and was cognizable therefore by the Superior Council of Louisiana, his pardon was directed to the Council. Interestingly, though Berryet admitted knowing nothing of the circumstances surrounding the killing, the pardon recited that a quarrel had arisen between Bernard and Nicolet, that they had beaten each other, that Bernard : "had had the misfortune to kill the said Nicolet," and that the death "had occurred without premeditated murder."78 Thus Louis XV pardoned Jean Baptiste Bernard for killing by mischance when there was no evidence adduced as to the facts resulting in Nicolet's 77. What follows is based in Berryet's letter to Kerlerac and Bobe Descloseaux dated July 14, 1769. ANC, B, 109:487-88 (Transcript at Little Rock Public Library). The translation is mine. 78. The pardon (brevet de grtJce) was enclosed in the letter and is ANC, B, 109:489 (Transcript at Little Rock Public Library). The translation is mine. 412 UALR LAW JOURNAL [Vol. 6:391 death. The decision was generated simply by a desire to accommodate an important ally. Faithful adherence to legal principle sometimes had to take a back seat to the more compelling demands of politics. VI Father Louis Carette, the Jesuit missionary who came to the Post of Arkansas in 1750, nevertheless attempted to bring some order to the legal affairs of the place. As he noted in a procuration (power of attorney) dated at Arkansas in 1753, he was "authorized by the king to make in every post where there is not a Notary Royal all contracts and acts . "79 There is no evidence that he had any formal legal training, but he was a Jesuit, and thus a learned man, one of a handful of such who would make their residence in eighteenth- century Arkansas. The 1753 procuration is itself of some interest, as it sheds light on how litigants whose cases were technically beyond the jurisdiction exercised by the Arkansas commandant (whatever that was) might have had their cases heard if they wanted to resort to regular methods of dispute settlement. As incredible as it seems, it is probable that the only court of general jurisdiction in the entire colony was the Superior Council of Louisiana. Now, in 1763 La Harpe said that it was a two-week boat trip from the Arkansas to New Orleans, and six to eight weeks back.80 Obviously, the procuration was an important device for people in remote posts like Arkansas, for it enabled them through their attorneys, in the language of the document under discussion, "to act . . . as though they were personally present."81 Convoys or individual vessels travelled down the Mississippi frequently enough to make this means of tending to legal affairs more tolerable than it might otherwise have been. In this case, the attorney chosen was Commandant de la Houssaye, and he was deputed to act in a probate matter at Pointe Coupee for Etienne de Vaugine de Nuysement and his wife Antoinette Pelagie Petit de Divilliers. An interesting feature of procurations which increased their utility and flexibility was that they were assignable. This feature came in handy in this instance since De La Houssaye, having 79. Index to the Records of the Superior Council of Louisiana, 22 LA. H!sT. Q. 255 (1939). 80. La Harpe to Chosseul, August 8, 1763, ANC, Ci3B, 1 (Typescript in Little Rock Public Library). 81. Records, supra note 79, at id. 1983] COLONIAL LEGAL SYSTEM 413 been detained at the Arkansas due to illness, simply transferred the power of attorney to a member of the Superior Council "to act in my place as myself."82 Perhaps one of the reasons that Carette had acted as notary in this instance was that the only other person in the little community authorized so to act, the commandant, was a party to the instrument. But in the French period priests were given general notarial powers and could act even in the absence of circumstances disabling the commandant. For instance, Carette acted as notary, and thus probably draftsman, for a marriage contract in which the commandant was not interested. This was the marriage contract of Francois Sarrazin and Francoise Lepine, executed at Arkansas Post on January 6, 1752. Marriage contracts have no exact parallel in common-law practice, and it thus seems worthwhile, before discussing the particulars of the Sarrazin-Lepine contract, to devote some time to their explanation and description. In a recent seminal study, Professor Hans Baade has outlined the provisions which one typically finds in marriage contracts executed in accordance with eighteenth-century Parisian notarial practice.83 The first and invariable undertaking by the future spouses was a promise to celebrate their marriage in facie ecc! esiae. The parties would then choose the regime which would govern their property during the marriage. Next would come a declaration that the ante-nuptial debts of the parties were to remain their separate obligations; this was followed by a disclosure of the parties' assets, a requirement for the validity of the previous provision. The dowry brought to the marriage by the wife was next recited; and delineating preciput, the right of the spouse to specific property in the event of dissolution of the community, frequently followed. Finally came the donation clause, usually a reciprocal grant of all or part of the predeceasing spouse's estate. In Louisiana, this donation, in order to be valid, had to be registered with the Superior Council in New Orleans. An inspection of the Sarrazin-Lepine marriage contract reveals that it very clearly drew on these French notarial precedents, and it reflects, moreover, an awareness of the practical requirements of the Louisiana registration provisions. It contained a promise to celebrate the marriage in regular fashion, the creation of a community property regime, a clause stating the amount of the wife's dowry, a 82. Id. 83. What follows is taken from Baade, supra note 39, at 15-18. 414 UALR LAW JOURNAL [Vol. 6:391 mutual donation to the survivor of all property owned at death, and an undertaking to have the contract registered in New Orleans.84 While there was no clause dealing with ante-nuptial debts and no mention of preciput, it is quite obvious that the good Jesuit knew more than a little about French notarial practice, and may well have had at his disposal a form book on which he could draw. He was, for all practical purposes, for a time the "lawyer" of the post as well as its cure. Before we leave this interesting document there is an aspect of it which bears detailed attention. The property regime chosen by the parties included in the community "all property, movable and immovable"85-as common lawyers would say, all property, both personal and real. In this respect the contract departs from the Custom of Paris which included in the community all movables but only certain immovables (conquets) acquired after marriage. 86 Parties were allowed in Louisiana to contract almost any property arrangement they wanted, 87 and Sarrazin and Lepine had elected a somewhat unusual variety of community. Curiously, however, the contract reckoned that this regime was "in accordance with the custom received in the colony of Louisiana." A few months after the execution of this contract Commandant de la Houssaye wrote to the governor to say that Monsieur Etienne V augine, a French officer, was of a mind to marry Madame de Gouyon, the commandant's sister-in-law, and he sent along "the proposed conditions for the contract of marriage."88 This was a draft of the contract, as De La Houssaye asked the governor to pass "/'exemplair du contra!" along to the New Orleans notary Chantaloux if the governor decided to give his permission for the marriage. Chantaloux was "to make it as it should be."89 Three weeks later the governor wrote to say that the contract would be sent back soon and that Chantaloux had left it intact except for one reasonably minor alteration.90 In 1758 Father Carette, dismayed by the irreligious inclination of his flock, left the Arkansas and no replacement was sent. In 17 64, 84. Records of the Superior Council of Louisiana, 25 LA. HlsT. Q. 856-57 (1942). 85. Id. at 856. 86. Baade, supra note 39, at 15. 87. Id. 88. La Houssaye to Vaudreuil, Dec. l, 1752, LO 410, Huntington Library, San Marino, CA. 89. Id. 90. THE v AUDREUIL PAPERS, supra note 68, at 152. 1983] COLONIAL LEGAL SYSTEM 415 Captain Pierre Marie Cabaret Detrepi, commandant at the Arkansas, after Madame Sarrazin had found herself widowed, passed a second marriage contract for her which was extremely unsophisticated and rudimentary.91 It contained only a promise to marry regularly and a mutual donation. Perhaps the good widow had by this time tired of long-winded formalities. Just as likely, the Post was feeling the absence of Carette's drafting skills. VII As tiny, remote, and inconsequential as the Arkansas settlement was, then, it is nevertheless clear that at least some of its people were part of the time adherents to French legal culture. Of course almost everyone who lived at the Post during the period of French domination was either a native of France or French Canadian; and by the end of the French period a substantial number of native Louisianans were there. It is most interesting to find the survival of civilian legal form in so remote an outpost of empire. Obviously, not all of Arkansas's residents lapsed into a kind of legal barbarism. There were, however, circumstances at work which would make it impossible for some time to establish a community which could be expected to value the observance of legal niceties very highly. As we have already seen, the Post could not have been very attractive to the more civilized settler owing to its dangerous location. Arkansas Post, moreover, over the years experienced an extreme physical instability since it was necessary to relocate it several times due partly to flooding. (See Figure 2). The Arkansas River was in the eighteenth century "a turbulent, silt-laden stream, subject to frequent floods which were disastrous along its lower course."92 This proved to be a considerable disincentive to settlement. Add to that the enormous expanse occupied by the alluvial plain of the Mississippi and the difficulty becomes plain enough. Almost any site within thirty miles of the mouth of the Arkansas carried with it a considerable risk of floods. Law's colony, on the Arkansas twenty-seven miles or so from its mouth, was said in 1721 to be "in a fertile sector but subject to floods."93 The success of the attack by the Chickasaws in 1749, when the Post was at the same 91. Records of the Superior Council of Louisiana, Feb. 11, 1764, Louisiana History Center, Louisiana State Museum, New Orleans. 92. P. HOI.DER, supra note 15, at 152. 93. 4 M. GIRAUD, supra note 17, at 273 (1974). 416 UALR LAW JOURNAL [Vol. 6:391 location, was made possible by the absence from the neighborhood of the Quapaws: Because of recent floods they had abandoned their old fields for a more promising place upstream.94 This place, called Ecores Rouges (Red Bluffs) by the French, was about thirty-six miles from the mouth of the Arkansas and was at the present location of the Arkansas Post Memorial.95 After the attack, the Post was moved to join the Indians at Ecores Rouges so as to provide for mutual protection.96 The new spot was free from floods but proved unsatisfactory from a strategic standpoint because of its distance from the Mississippi. The location delayed convoys and Governor Vaudreuil expressed the view that "a post on the Mississippi would be more practical."97 Therefore in 1756 the Post was moved back downriver to about ten miles above the mouth. But the inevitable soon occurred. In 1758 heavy flooding, graphically described in a letter of Etienne Maurafet Layssard the garde magasin (storekeeper) of the Post, caused heavy damage, almost undoing the work of builders and architects who had been at work for the better part of a year. The houses were saved by virtue of being raised on stakes against such a day as this; but the habitants' fields, everything but Layssard's garden for which he had providently provided a levee, were entirely inundated.98 It was in fact a small enough loss. From the beginning, and understandably, the attempt to make a stable agricultural community of the Arkansas had failed miserably. There is no doubt that the European population of Arkansas during the French period consisted almost entirely of hunters and Indian traders. In 1726 the reporter of the Louisiana census remarked of the Arkansas that "all the habitants were poor and lived only from the hunting of the Indians." 99 A 1746 report said of the twelve Arkansas habitant families 94. Faye, supra note 6, at 717-19. 95. See figure 2. 96. For details, see Appendix II to my forthcoming book, UNEQUAL LAWS UNTO A SAVAGE RACE; EUROPEAN LEGAL TRADlTIONS IN ARKANSAS, 1686-1836. 97. THE VAUDREUIL PAPERS, supra note 68, at 118. 98. Faye, supra note 6, at 718-19. A detailed description of the repairs made in the summer of 1758, evidently necessitated by these floods, is in ANC, CBA, 40:349-50 (Typescript in Little Rock Public Library). In addition to making repairs, the builders constructed a house 26 feet long and 19 wide just outside the fort for the Indians who came there on business. It was of poteaux en terre construction, was covered with shingles, and was enclosed with stakes. The report describing the renovation and construction work of 1758 is signed by Denis Nicol~s Foucault, chief engineer of the Province of Louisiana. 99. ANC, GI, 464 (Transcript at Little Rock Public Library). 1983] COLONIAL LEGAL SYSTEM • DeWitt ARKANSAS COUNTY • Dumas I I I 0 1. 1686-1699; 1721-1749 N 1 DESHA COUNTY T I I 4 I 8 mi Figure 2 Locations of Arkansas Post, 1686-1983 2. 1749-1756; 1779-1983 3. 1756-1779 JB Based on a map drawn by John Baldwin which appeared in Arnold, The Relocation of Arkansas Post to Ecores Rouges in 1779, 42 ARK. HIST. Q. 317 (1983). Used with permission of the Arkansas Historical Association. 417 418 UALR LAW JOURNAL [Vol. 6:391 that "their principal occupation is hunting, curing meat, and commerce in tallow and bear oil." As for cultivating the soil, the same source reported that the habitants grew "some tobacco for their own use and for that of the savages and voyageurs." 100 In 1765 Captain Phillip Pittman, an Englishman, said that there were eight families living outside the fort who had cleared the land about nine hundred yards in depth. But, according to him "on account of the sandiness of the soil, and the lowness of the situation, which makes it subject to be overflowed," their harvest was not enough even to supply them with their necessary provisions. Pittman noted that "when the Mississippi is at its utmost height the Lands are overflow' d upwards of five feet; for this reason all the buildings are rais'd six feet from the ground." Thus the residents of the Arkansas, he said, subsisted mainly by hunting and every season sent to New Orleans "great quantities of bear's oil, tallow, salted buffalo meat, and a few skins." 101 Both Layssard102 and Father Watrin103 hint that the discouragement produced by the frequent flooding contributed to Father Carette's decision to leave. However that may be, it must be clear that during the period of French dominion the Post did not provide fertile soil for either crops or religion. Would regular bourgeois legal procedures have generally been afforded a more cordial acceptance? Even absent direct evidence, this would in the abstract seem most unlikely. Unsafe, unstable, and uncomfortable, the Arkansas Post of Louisiana during the period of French dominion must surely also have been largely unmindful of bourgeois legal values. It is true, as we have seen, that some of the Post's residents tried to maintain a connection between their remote outpost and European legal culture. But the few legal records that chance has allowed to come down to us from the French period are remarkable not only for their small number but also for the social and economic characteristics they reveal of the people who figured in them. They were an elite, related by marriage and blood, struggling under the difficult circumstances of their situation to participate in regular le- 100. Memoire, supra note 65 (Transcript at Little Rock Public Library). 101. P. PITTMAN, supra note 53, at xliv, 40-41. 10+. See ANC, Cl3A, 40:357 (Transcript in Little Rock Public Library). Layssard there remarks that the inhabitants at Arkansas were too poor to build a levee, and that "the Father would rather leave than go to such an expense. He is very poor." 103. See J. DELANGLEZ, THE FRENCH JESUITS IN LOWER LOUISIANA 444, where Watrin is quoted as saying that, despite there being little hope for conversion of the Quapaws, Father Carette "nevertheless followed both the French and the savages in their various changes of place, occasioned by the overflowing of the Mississippi near which the post is situated." 1983] COLONIAL LEGAL SYSTEM 419 gal processes. The probate proceeding of 1743 was instituted by one of the most well-to-do residents of Arkansas in the person of Anne Catherine Chenalenne, widow of Jean Francois Lepine. The community property inventoried included four slaves. 104 Her future husband Charles Lincto became the most substantial civilian resident of the Post. The 17 49 census, if one excludes from it for the moment the commandant and his household, reveals that Lincto's household accounted for eight of the twenty-nine white habitants and seven of the eleven slaves at the Arkansas. 105 Etienne de Vaugine de Nuysement who executed the procuration of 1753 was a member of one of the most distinguished French families of Louisiana; 106 and he granted the power to Commandant de la Houssaye who would soon become a Major of New Orleans and a Knight of the Royal and Military Order of St. Louis. 107 Vaugine and De la Houssaye married sisters. The marriage contract executed at the Arkansas in 1752 was entered into by the Post's garde magasin and Francoise Lepine, a daughter of Anne Catherine Chenalenne the petitioner in the probate proceeding of 1743; and the bride's dowry had resulted from the dissolution of the community which had been the aim of that proceeding. Finally, Francoise Lepine's second marriage contract, passed by Detrepi in 1764, was prelude to her marriage to Jean Baptiste Tisserant de Montcharvaux, officer and interpreter at the Post and son of the commandant who executed the 1743 inventory. We are dealing with a propertied and interconnected gentry here, a tiny portion of what was anyway a very small population. How the other, the major part of the Arkansas populace regulated their lives during the French period will, in the nature of things, be difficult to document. But there is some evidence on this point and it indicates that there was a good deal of lawlessness on the Arkansas. According to Athanase de Mezieres, the Lieutenant Governor at Natchitoches, the Arkansas River above the Post was inhabited largely by outlaws. "Most of those who live there," he claimed, "have either deserted from the troops and ships of the most Christian King and have committed robberies, rape, or homicide, 104. For a translation of this inventory, see Core, supra note 54, at 22. 105. Resancement General des Habitants, Voyageurs, Femmes. En.fans, Esclaves, Clzevaus, Beufs, Vaclzes, Coclzons du Foste des Akansas, 1749. Lo. 200, Huntington Library, San Marino, CA. 106. On the Arkansas Vaugines, see Core, T!ze Vaugine Arkansas Connection, 20 GRAND PRAIRIE HISTORICAL SOCIETY BULLETIN 6 (1978). 107. Faye, supra note 6, at 709. 420 UALR LAW JOURNAL [Vol. 6:391 that river being the asylum of the most wicked persons, without doubt, in all the Indies." 108 On another occasion, De Mezieres singled out as a particularly heinous offender an Arkansas denizen nicknamed Brindamur, a man "of gigantic frame and extraordinary strength." Brindamur, De Mezieres complained, "has made himself a petty king over those brigands and highwaymen, who, with contempt for law and subordination with equal insult to Christians, and the shame of the very heathen, up to now have maintained themselves on that river." 109 He had been resident on the Arkansas for a long time, as his name appears in the census of 1749. Interestingly, it is placed at the very head of a considerable list of "the voyageurs who have remained up the rivers despite the orders given them." 110 All persons hunting on the rivers were supposed to return every year as passports were not issued for longer periods. But there were large numbers of hunters who lived for twenty years or more in their camps without ever reporting to the Post. They constituted a large proportion, indeed sometimes a majority, of the European population in Arkansas during the French period. The 17 49 census, for instance, lists a habitant population of only thirty-one, including the commandant and his wife. But there were forty hunters on the Arkansas River whose passports had expired, and nine on the White and St. Francis Rivers. Sixteen hunters were said to be at the Post being outfitted to return to the hunt. Brindamur, the bandit King, was murdered by one of his men after the end of the French period, "though tardily" De Mezieres reckoned, and "by divine justice."111 In the Spanish period an effort was made to rid the river of these malefactors. VII Since no records of litigation initiated at the Arkansas during the French period have survived, if indeed any were ever kept, very little can be said directly on how lawsuits were conducted there. However, in 1747 Francois Jahan initiated a suit in the Superior Council in New Orleans against one Clermont, a resident of Arkansas Post, claiming damages for the conversion of a cask of rum at Arkansas. 112 The Superior Council, as we have shown, had jurisdic- 108. 1 ATHANASE DE MEZIERES AND THE LOUISIANA-TEXAS FRONTIER, 1768-1780 166 (H. Bolton ed., 1914). 109. Id. at 168-69. 110. Resancement, supra note 105. 111. t\. BOLTON, supra note 108, at 167. 112. Index lo the Records of the Superior Court of Louisiana, 17 LA. HIST. Q. 569 (1934). 1983] COLONIAL LEGAL SYSTEM 421 tion throughout Louisiana, and this case reveals how it was exercised against a defendant in the hinterlands. The summons was served on the Attorney General of Louisiana; thus, as Henry Dart pointed out, "it would seem . . . that a resident of the Post of Arkansas could be sued in New Orleans by serving the citation on the Procureur [Attorney] General."113 How the case would have, in the ordinary instance, proceeded from there is difficult to say. Probably the Arkansas commandant would have been asked to act as a master to gather facts and to report to the Superior Council. But it seems that the commandant had already ruled independently on the matter. Commandant de Monbharvaux's statement on this case, which is entered in the record a'few days after the suit was initiated, indicates that he had held a hearing on the matter at the Arkansas, had taken testimony as to the rum, and had "sentenced Clermont to pay for it."114 Apparently he had kept no record of the proceeding, as none was offered: The good lieutenant bore his own record. It is interesting to note, however, that this case was evidently not brought to enforce the commandant's judgment but was an independent action. How did the justice provided by the Post commandant during the French period measure up? In the absence of litigation records, this is the hardest kind of question to answer. We know, however, that whatever jurisdiction was exerciseable by the commandant, he acted alone, without official advisors and without, of course, a jury. To say that rule is autocratic is not to say
Clare Hutchinson is the NATO Special Representative for Women, Peace and SecurityOn 31 October 2000, the United Nations Security Council unanimously adopted Resolution 1325 on Women, Peace and Security. For the first time in the history of the United Nations, women's concerns in relation to peace and security were formally discussed and acknowledged within the Security Council. Resolution 1325 recognises the disproportionate and unique impact of armed conflict on women and stresses the need for full participation of women as active agents in peace and security.Building on the earlier UN Security Council resolutions on Children and Armed Conflict and Protection of Civilians, UNSCR 1325 was revolutionary, bringing to global attention the disproportionate impact of conflict on women and girls. UNSCR 1325 is a political and operational tool that has changed the conceptualisation of security and reframed the issue of women's rights within this space. Its 3 pillars of prevention, protection and participation remain the bedrock of WPS and, as such, demand that all actors recognize the different impact of armed conflict on women and girls is something for which the global community can find concrete remedies with and for women.As the UN WPS resolutions have evolved[1] and grown in stature and number, so has the recognition that so-called 'marginal' actors such as women are no longer on the periphery. The Women, Peace and Security agenda collectively recognises that women are not only victims in conflict; often subject to heinous brutality and marginalized politically and economically, but they also make up to 30% of combatants in many conflicts and are sometimes actively engaged in terrorist organisations. The role of women in conflict, like that of men, is complex and layered and a gender lens needs to be applied to the entire cycle of conflict without preconceptions.In November 2017, Canada launched 'The Vancouver Principles on Peacekeeping and the Prevention of the Recruitment and Use of Child Soldiers'. The 'Principles' are a set of 17 political commitments focused on child protection in peacekeeping, but also specifically recognise the contribution of women to peacekeeping and the critical roles women can play in the protection of children.Over the last few years the attention to the lack of women in peace operations has become central. Discussions, initiatives and activities have increased in volume in their focus on gender parity and increasing the number of women, for both uniformed and civilian peacekeepers.For international organisations, including NATO, this has propelled a call for increased attention to the recruitment and retention of women in national forces, as a basis of operational effectiveness. The UN 2028 target for women serving in military contingents is 15%. Currently, NATO is ahead of the global average, with women making up 12% of NATO forces. However, more needs to be done. NATO's strategy has been to encourage our nations to dismantle barriers standing in the way of the full participation of women in the Alliance and national forces. We will continue to push and encourage the deployment of women, not because they are women to match targets, but because they have a right to contribute to the service of their nation and NATO.We should, however, be cautious about resting the efficacy of the agenda on parity alone. While greater diversity and a broadened skillset can be linked to better decision‐making, planning and results - numbers are not enough. It is only in balancing the issues of parity and participation, that equality can be efficiently and effectively actioned.The Vancouver Principles highlight the 'distinct and critical roles of both men and women in the protection of children and the prevention of the recruitment and use of child soldiers'[2]. Yet, we do need to be cautious about making assumptions women are innately suited to protection of children tasks – assumptions that are both inaccurate and dangerously essentialist. Where attention needs to be placed is in the gendering of responses to child protection. To what extent can gender perspectives enhance the political framework on children and armed conflict and the operational response to prevention and protection?Vancouver Principle 11 provides an important political foundation from which to move forward. As we forge a path towards the next twenty years, we must all continue to do our part, to strengthen both parity and participation, to secure a lasting peace for all.[1] There are currently ten United Nations Security Council resolutions on WPS, UNSCRS 1325 (2000), 1820 (2008), 1888(2009) 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019), 2493 (2019) [2] The Vancouver Principles on Peacekeeping and the Prevention of the Recruitment and Use of Child Soldiers 2017 ; Clare Hutchinson es la Representante especial de la OTAN sobre Mujeres, Paz y SeguridadEl 31 de octubre de 2000, el Consejo de Seguridad de las Naciones Unidas adoptó de manera unánime la Resolución 1325 sobre Mujeres, Paz y Seguridad (MPS). Por primera vez en la historia de las Naciones Unidas, las inquietudes de las mujeres respecto a la paz y la seguridad fueron debatidas y reconocidas formalmente en el Consejo de Seguridad. La Resolución 1325 reconoce el impacto único y desproporcionado del conflicto armado en las mujeres y enfatiza la necesidad de que las mujeres participen de manera integral como agentes activos para el mantenimiento de la paz y la seguridad.Con base en resoluciones anteriores del Consejo de Seguridad de la ONU sobre Niños y conflicto armado, y sobre Protección de civiles, la Resolución 1325 fue revolucionaria, pues atrajo la atención mundial sobre el impacto desproporcionado de los conflictos en mujeres y niñas. La Resolución 1325 es una herramienta política y operacional que ha modificado la conceptualización de la seguridad y replanteado el tema de los derechos de las mujeres en este ámbito. Sus tres pilares de prevención, protección y participación siguen siendo la base de MPS y, como tales, exigen que todos los actores reconozcan que el impacto diferente de los conflictos armados en mujeres y niñas es un problema que la comunidad mundial puede resolver mediante medidas concretas con y para las mujeres.A medida que las resoluciones sobre MPS de la ONU evolucionan[1] y crecen en envergadura y número, también lo hace el reconocimiento de que los famosos actores "marginales", como las mujeres, ya no se encuentran segregados. El plan sobre Mujeres, Paz y Seguridad reconoce de manera colectiva que las mujeres no son solo víctimas en un conflicto; a menudo sufren brutalidades abominables y son marginadas tanto política como económicamente, pero también representan hasta el 30% de los combatientes en numerosos conflictos y a veces participan de manera activa en organizaciones terroristas. El rol de las mujeres en un conflicto, al igual que el de los hombres, es complejo y matizado, por lo que es necesario abordar desde una perspectiva de género el ciclo completo del conflicto sin ideas preconcebidas.En noviembre de 2017, Canadá publicó "Los Principios de Vancouver sobre Mantenimiento de la Paz y Prevención del Reclutamiento y Uso de Niños Soldados". Los "Principios" son un conjunto de 17 compromisos políticos focalizados en la protección infantil durante misiones de paz, pero también reconocen específicamente la contribución de las mujeres en el mantenimiento de la paz y los roles críticos que pueden desempeñar en la protección infantil.Durante los últimos años, la ausensia de mujeres en misiones de paz se ha convertido en un tema de análisis fundamental. Los debates, las iniciativas y las actividades han reforzado su enfoque en la igualdad de género y aumentado las cifras de mujeres como pacificadoras uniformadas y civiles.Para las organizaciones internacionales, incluida la OTAN, esto ha llevado a solicitar una mayor atención en el reclutamiento y retención de mujeres en fuerzas nacionales con el objetivo de promover la eficacia operativa. El objetivo 2028 de la ONU para las mujeres que prestan servicio en contingentes militares es del 15 %. Actualmente, la OTAN se encuentra por sobre el promedio mundial, con una representación de mujeres del 12 % en sus fuerzas. Sin embargo, aún queda mucho por hacer. La estrategia de la OTAN ha sido animar a nuestros países a derribar las barreras que impiden la participación integral de mujeres en la Alianza y en las fuerzas nacionales. Seguiremos esforzándonos y fomentando el despliegue de mujeres, no solo para cumplir las metas de participación femenina, sino porque ellas tienen derecho a contribuir al servicio de su nación y de la OTAN.No obstante, debemos tener cuidado de no supeditar la eficacia del plan solo a la paridad. Aunque la mayor diversidad y los conjuntos de habilidades más amplios se pueden vincular a una mejor toma de decisiones, planificación y resultados, las cifras no bastan. Solo si equilibramos los problemas de paridad y participación, será posible aplicar con eficiencia y eficacia esa igualdad.Los Principios de Vancouver resaltan "los roles distintos y fundamentales de hombres y mujeres en la protección infantil y la prevención del reclutamiento y uso de niños soldados".[2] Aun así, debemos tener cuidado de no suponer que las mujeres son inherentemente idóneas para labores de protección infantil, pues estas suposiciones no solo son inexactas sino que peligrosamente esencialistas. Es necesario concentrar la atención en la dimensión de género de las medidas de respuesta para proteger a los niños. ¿En qué medida las perspectivas de género pueden optimizar el marco político sobre niños y conflicto armado, así como la respuesta operativa de prevención y protección?El Principio de Vancouver 11 ofrece una base política importante para avanzar. Mientras preparamos el camino para los próximos veinte años, debemos seguir haciendo nuestra parte para garantizar una paz duradera para todos.[1] Actualmente, existen diez resoluciones del Consejo de Seguridad de las Naciones Unidas sobre MPS, UNSCRS 1325 (2000), 1820 (2008), 1888(2009) 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019), 2493 (2019) [2] Los Principios de Vancouver sobre Mantenimiento de la Paz y Prevención del Reclutamiento y Uso de Niños Soldados 2017 ; Clare Hutchinson est la représentante spéciale du secrétaire général de l'OTAN pour les femmes, la paix et la sécuritéLe 31 octobre 2000, le Conseil de sécurité des Nations Unies a adopté à l'unanimité la Résolution 1325 sur les femmes, la paix et la sécurité. Pour la première fois dans l'histoire des Nations Unies, les préoccupations des femmes en matière de paix et de sécurité ont été formellement discutées et reconnues au sein du Conseil de sécurité. La Résolution 1325 reconnaît l'impact disproportionné et particulier des conflits armés sur les femmes et souligne la nécessité d'une pleine participation des femmes en tant qu'agentes actives de la paix et de la sécurité.S'appuyant sur les résolutions antérieures du Conseil de sécurité des Nations Unies sur les enfants face aux conflits armés et sur la protection des civils, la Résolution 1325 était révolutionnaire, attirant l'attention du monde entier sur l'impact disproportionné des conflits sur les femmes et les filles.La RCSNU 1325 est un outil politique et opérationnel qui a modifié la conceptualisation de la sécurité et recadré la question des droits des femmes dans cet espace. Ses trois piliers, à savoir la prévention, la protection et la participation, restent le fondement du programme « Femmes, paix et sécurité » et, à ce titre, exigent que tous les acteurs reconnaissent l'impact différent des conflits armés sur les femmes et les filles, ce à quoi la communauté mondiale peut trouver des remèdes concrets avec et pour les femmes.Au fur et à mesure que les résolutions des Nations Unies sur les femmes, la paix et la sécurité ont évoluées[1], ont pris de l'ampleur et se sont multipliées, il est également reconnu que les acteurs dits « marginaux » tels que les femmes ne sont plus à la périphérie. Le programme « Femmes, paix et sécurité » reconnaît collectivement que les femmes ne sont pas seulement des victimes dans les conflits, souvent soumises à des brutalités odieuses et marginalisées politiquement et économiquement, mais qu'elles représentent aussi jusqu'à 30 % des combattants dans de nombreux conflits et sont parfois activement engagées dans des organisations terroristes. Le rôle des femmes dans les conflits, comme celui des hommes, est complexe et multiple, et il convient d'appliquer une optique sexospécifique à l'ensemble du cycle du conflit, sans préconceptions.En novembre 2017, le Canada a lancé Les Principes de Vancouver sur le maintien de la paix et la prévention du recrutement et de l'utilisation d'enfants-soldats. Les Principes sont un ensemble de 17 engagements politiques axés sur la protection des enfants dans le cadre du maintien de la paix, mais ils reconnaissent aussi explicitement la contribution des femmes au maintien de la paix et les rôles essentiels qu'elles peuvent jouer dans la protection des enfants.Au cours des dernières années, l'attention portée à l'absence des femmes dans les opérations de paix est devenue centrale. Les discussions, les initiatives et les activités se sont multipliées pour mettre l'accent sur la parité entre les sexes et l'augmentation du nombre de femmes, tant parmi les soldats de la paix en uniforme que parmi les civils.Pour les organisations internationales, y compris l'OTAN, cela a conduit à demander qu'une attention accrue soit accordée au recrutement et au maintien en poste des femmes dans les forces nationales, comme base de l'efficacité opérationnelle. L'objectif des Nations Unies pour 2028 est de 15 % de femmes dans les contingents militaires. Actuellement, l'OTAN est en avance sur la moyenne mondiale, puisque les femmes représentent 12 % des forces de l'OTAN. Cependant, il faut en faire plus. La stratégie de l'OTAN a consisté à encourager nos pays à démanteler les obstacles qui s'opposent à la pleine participation des femmes aux forces de l'Alliance et aux forces nationales. Nous continuerons à promouvoir et à encourager le déploiement de femmes, non pas parce qu'elles sont des femmes qui permettent d'atteindre des objectifs, mais parce qu'elles ont le droit de contribuer au service de leur pays et de l'OTAN.Nous devrions toutefois être prudents quant à la possibilité de faire reposer l'efficacité du programme sur la seule parité. Si une plus grande diversité et un éventail de compétences élargi peuvent être liés à une amélioration de la prise de décision, de la planification et des résultats, les chiffres ne suffisent pas. Ce n'est qu'en équilibrant les questions de parité et de participation que l'égalité peut être mise en œuvre de manière efficace et réelle.Les Principes de Vancouver soulignent les « rôles distincts et cruciaux que jouent les hommes et les femmes dans la protection des enfants et la prévention du recrutement et de l'utilisation d'enfants-soldats[2] ». Cependant, nous devons faire attention à ne pas présumer que les femmes sont naturellement douées pour les tâches de protection des enfants, des présomptions qui sont à la fois inexactes et dangereusement essentialistes. Il convient d'accorder une attention particulière à la dimension sexuée des réponses apportées à la protection de l'enfance. Dans quelle mesure les perspectives sexospécifiques peuvent-elles améliorer le cadre politique sur les enfants et les conflits armés, et la réponse opérationnelle en matière de prévention et de protection ?Le Principe 11 de Vancouver fournit une base politique importante pour aller de l'avant. Alors que nous traçons la voie vers les vingt prochaines années, nous devons tous continuer à faire notre part pour renforcer à la fois la parité et la participation, afin de garantir une paix durable pour tous. [1] Il existe actuellement dix résolutions du Conseil de sécurité des Nations Unies sur les femmes, la paix et la sécurité, à savoir les résolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013), 2122 (2013), 2242 (2015), 2467 (2019) et 2493 (2019).[2] Les Principes de Vancouver sur le maintien de la paix et la prévention du recrutement et de l'utilisation d'enfants-soldats, 2017
Issue 12.4 of the Review for Religious, 1953. ; The Spiril: ot: SI:, Clare and I-ler Order Sister M. Immaculata, P.C: CEVEN centuries'ago, on August 11, 1253, the shadows of death ~ were lengthening around a group of sorrowing nuns whose ~ foundress and Mother lay dying. In ecstatic joy, she clasped to her heart a roll of parchment sealed with the Fisherman's seal. Clare Sceffi, a. noble lady of Assisi, had fled from her castle home when she was eighteen to follow Francis Bernardone. Francis had dreamed of adventure for. Christ, and no one had caught~ the flame of love that burned in his heart more ardently than Clare. Fran~is's course had now been run a full quarter of a century, and he was already b.eing venerated as the great saint whose popularity would grow even to our own day. pope Innocent IV had ascended the throne of Peter but the year before. His keen vision scanned the lower!rig storm clouds over a Europe ever beset by the Moslem threat. Could he but make the rulers of the Christian countries bestir themselves out of their com-fortable and only too often lustful letha/gy, to heed his call "God wills it !" With the burdens of ~his exalted, office heavy upon him, he, the Vicar of Christ thought of one little virgin, hidden behind cloister walls in Assisi. He knew Clare, heard she was dying; and he remem-bered the intrepid courage with which she had pleaded with him and some of his predecessors for approval Of her Rule, and of the Seraphic poverty to which she and her Daughters aspired. Innocent, like several Pontiffs before him, had,hesitated to approve a rule of life requiring such poverty as Saint Francis had bequea.thed to Saint Clare and her Daughters. Men, they thought, might oblige themselves to observe it,-but what of cloistered nuns? What would become of a community thus deprived of all revenue and financial security? Innocent was thinking of Clare, thinking of how she lay dying, her one wish and desire unfulfilled. He did not send her a message of comfort and his blessing. Under the inspiration, no doubt of~ the Holy Spirit, he grasped his pen, signed the Bull of approval con-taining her Rule; and then, with his retinue, turned his face toward Assisi. There at San Damiano he entered tl~e lowly cell of Clare and placed in her hands the approval for which she had prayed and 169 SISTER M. IMMACULATA Re~evo :or Religious ~)leaded and suffered for over f.orty years. We can imagine" the astonishment of Clare and her Sisters when the Holy Father himself stood at the convent portals. How she must have pre,ssed that docu-ment to her heart and sung her last hymn of love to Christ her Spouse. Clare had imbibed th.e spirit of Francis at its source, .cher-ishing it firmly and wholly, and bequeathing it to her Daughters as they knelt at her death bed. And they have cherished, loved, and guarded it. They have preserved it unchanged since 1253. Through 700 years the Rule of Saint Clar~ has often been buffeted by storms, and has been wounded at times by the infidelity of her children, but it has always emerged in its first freshness and .strength. It still lives in 1953, and today there.are 19 houses of Poor Clares in the United Stat~s. Our modern age has not been able to undermine the observance of the Rule nor destroy its spirit. The order has grown silently, spreading its branches in neaily every country of the world. No nationality but has found the Rule and its spirit congenial, so that the daughters of Saint Clare scattered throughout the countries of the world have always been able to adapt themselves to her Rule, which .has proved .independent of time or place. Today our American girls still observe the Rule Innocent IV placed in the hands 0f the dying foundress. " What is the spirit, contained in the Rule of Saint Clare? As. in ¯ her own time, her Daughters live a contemplative life in strict en-closure. The spirit, one of poverty, love of prayer leading to closest union with God, is joyous, and their personal sanctification is as much for the efficacious gaining of gra~e for"soul~ as for the strength-ening of the bond of love in the order. It is a life of joyful giving, closing the doors to what the world calls pleasure by the vow of en-closure, thus finding the treasure which is worth more than all pos-sessions. Though it embraces the deprivation of "the things the world de-sires and cherishes, this seclusion with its penance does not entail a sad, bleak; and joyless existence. It is not the thing~ that are barred from the cloister which bring peace and joy to the soul, but those that are found within, of which the world knows nothing. There is song in the heart of the cloistered nun. for she is not burdened with the superfluous gadgets and noises which fill so many hours of our com-plex modern life. Saint Francis has been coi~sidered a model of penance and self-abnegation, but was ever saint more joyous? Hadever a saint a heart 170 ,July, 1953 SPIRIT OF ST. CLARE more full of music? His seemed to be an overflowing fountain of happiness, and he communicated it to those around him. In this, as in all else, Saint Clare was his faithful follower. Penance for her was not practiced for penance's sake. It was an outlet for the love burning in her heart ,and reaching out for more adequate fuel to feed its flame. This joyous spirit still pervades the cloisters where the Daughters of Saint Clare follow in her footsteps and observe her Rule. Their hearts are the cups that still hold the happiness of which the world has now so little, because their lives are still spent in genuine love and wholehearted giving. The worlff today is filled with sorrow and suffering,, and count: less hearts.are bearing a burden they could well consider supreme penance, did they but think of accepting all in a spirit of penance. The heart's most loving, if inarticulate, acceptance of penance is the willing b~aring of the unwelcome burdens so often placed on it by God. To be silent and lovingly resigned is always, to practice pen-ance in a very perfect form. The Daughters of Saint Clare vowing a Rule which imposes manypenances are but reaching out for greater love, ~vhich is warded With greater joy in God's service. Penance is not ugly, harsh, and fearsome. The bell which call~ one to ri~e from welcome sleep to seek the light of the sanctuary in the dead of night may sound un-welcome to a tired body: but is theie anything rfiore beautifuf_than the religious wending their silent 'way to the choir to make their first act of adoration before their Lord in the taberf.acle when the day has just begun? Standing in their stalls, they offer the praise of virgins before the face of~God, a prayer with the Son of God, ",bhile the world sleeps or sins. Does anyone know the joy in the hearts of those who give Him this homage? So it is with all the penances.prac7 ticed by the Daughters 6f Saint Clare. Penance for penance's sake is repugnant, meaningless, and very often food- for pride and phari-saism, so entirely alien to the spirit of Saint Clare. Penance for "love's sake is sweet. If there are still hearts in the world today which know unalloyed joy, they are undoubtedly those whose lives are being poured out in the most unselfish and wholehearted giving. Their joy is most full because their lives are most full of giving. The transition from the life of our modern girl to a postu!a~nt the cloister is not so drastic as some would suppose. Young, eager, lighthearted, with a soul attuned to God's grace, she assumes by slow degrees the duties and customs to which she adapts herself. She learns 171 SISTER M. IMMACULATA Review for Religious to love the hours of prayer, the Divine Office, the silence and regu-larity, The joyous acceptance of the sacrifices imposed by the Rule creatds a deep happiness and peace, which is found" especially in the hours of prayer. Prayer is not a ready-made gift in anyone. It en-tails mortification, is often itself mortification, but a mortification that decreases as the spirit of prayer and union with God increases There are no secrets of rapid progress over the rough path that leads to union with God, except the secret of persistent self-abnegation and striving for that wlsich obliterates self, and builds up in us the Christlikeness which alone makes us one with Him. But God does not lure us into the wilderness of. the contemplative life to forsake us and l'eave us to our own helplessness. True, we seem to take a leap in the dark When we embrace the contemplative life, but our Lover is not a human being whom we fear to trust. Like Clare who left her castle home in the dead of night, her Daughters follow where their Divine Spouse leads, and the path. is ever to union with God and the embrace of the Holy Spirit. While the enclosed life of contemplation should not be glamor-ized, neither should it be made a fearful existence df joyless sacrifice and penance. Too often is either mistake made. Those who look for a thrill rush to embrace what they do not understand, looking for something occult, dxpecting tangible thrills of gra.ce or ecstatic prayer before they have hid anything like the foundations of the spiritual life. On the other hand, ferszent though timid souls are often over-come by fear of what may be expected of them once they step behind the cloister walls. Neither is the correct attitude. Those to whom God gives a vocation to the contemplative life, have, nearly always, a natural yearning for God. They want Him, are looking for means of. union with~Him, "have a certain joy in prayer, and, with the light affd guidance of the Holy" Spirit, find pehce of soul in the difficult stretchds of the way as well as happiness in His tornforts. Union with God is a growing state, and though it often advances in dark-ness there are times when it comes into the light, and a light that does not fade entirely even when the way is again through dryness. There is too much emphasis put on the trials, sufferings, and dark-ness of the interior life and not enough on the joy in God and peace Of soul found therein. It has been said that Saint Clare, had she lived in our day, would have founded a missionary order. No Daughter of hers would ever consent to this opinion. Clare knew without a doubt to what she 172 dulg, 1953 SPIRIT OF ST. CLARE was called and she never wavered. She did not simply follow a pat-tern of her time. Indeed, we know that a number of:Benedictine houses, especially the large one at Florence, took the Rule of Saint Clare. It was Agnes, her sister, who was sent there to be the abbess under the new Rule. Francis knew Clare was a contemplative, as he was himself, and the hearts of both were so much the missionary's that no field of labor would ever satisfy' their zeal. Nothing less than the entire world would be Clare's mission field, as it was that of Francis and his Order. Italy and Assisi were no closer to her than the farthest-flung mission. No contempla.tive is one indeed if she has not' the heart of a missionary. Francis's was the call to go out and preach,. Clare's the outstretched arms of a Moses on the mount of contemplation. Clare would give to Christ, her Spouse, not only herself, but all the world. She'knew the fields were white for the harvest and she would obey the words of Christ and pray that the Master send laborers into it. He did not bid her go out and gather it in, bu~ strengthen the arms of the workers. She knew the limita-tions of her own weakness, but prayer and sacrifice, united with the prayer of Christ in the Divine Office, in in~erior love and union, were and are the all-powerful weapons which can reach the opposite ends of the earth at one and the same time. It was the spirit of Clare. as it was the spirit of Francis, to be daring enough to wish to support the Church, on her own weak shoulders, knowing that the Hands and Heart of her Divine Spouse were supporting her. The Spirit of Saint Clare, the foundress of the "Poor Clares, is still living and burning brightly after seven centuries. It calls to the heart cJf the modern girl of our cities as it did t6 those of the middle ages. The life she and Francis instituted for her Daughters is not outmoded in the 20th century, but instead is as living, warm, and joyous in the hearts of the novices of ~oday as in the days of Saint Clare in the little monastery of San Dami~no in 1253. ST. CLARE PLAY BY A POOR CLARE Candle in Umbria is the story of Saint Clare of /~ssisi told in a verse play by a Poor Clare Nun. The play of four acts, eight scenes is suitable for production by college :students or by high schools with special direction. The play was written to honor the foundress of the Poor Clares on the seventh centenary (1953) of her death. The authi~r is a regular contributor to Spirit magazine. ~$1.00 per copy, including the music for the "Canticle of the Sun" which is embodied in the play. Those interested in obtaining a copy of this productior~ should write to: Poor Clare Monastery, Route 1, Box 285 C, Roswell, New Mexico. 173 News and Views Yocational Institute at Fordl~am The Third Annual Institute on Religious and Sacerdotal Voca-tions will be held by. the School of Education, Fordham University, Wednesday, July 29, and Thursday, July 30, on the Fordham. campus. Ways of encouraging, fostering, and guiding vocations~.to the diocesan priesthood an/d to the religious life will be~ discussed by outstanding experts. For further information write to Rev. John F. Gilson,.S.J.,' Fordham Univ. Sch6ol of Education, 302 Broad-way, New York 7, N.Y. ,~ Institute of Spirituality At the National Congress of Religious, held last summer at the .University of Notre Dame, it ,was suggested that the University offer summer school courses in spiritual theology and an institute of spir-ituality each year for the Sisterhoods. This suggestion was favorably received by the representati(,es of the Sacred Congrdgation of Reli-gious and by th.e religious superiors who attended the congress. To carry the suggestion into effe~0 the Notre Dame Department of Religion is inaugurating this summer a program of courses in spir-itual- theology as part of its graduate work in view of a Master's De-gree in Religion. Moreover, since many superiors and mistresses of novices are unable to be present for the summer school, courses, the University is offering a distinct. Institute of Spirituality for them. This is also sponsored by the Department of Religion. The Institute is not a part of the academic program and offers no credits towards a degree. All the lectures and discussions are specially arranged for Sisters superior and novice mistresses. A~ the formal opening of the Institute, on the evening of July 31, His Excellency,. the Most Reverend John F. O'Hara, C.S.C., D.D., will deliver the address. From August I to 7, there will be three lectures each morning. Topics and speakers for these series of lectures are: "'The Role of the Sister Superior and Novice Mistress," by Rev. Paul Philippe, O.P.; "The Theology of the Religious Life and the Vows," by Rev. Joseph Buckley, S.M.; and "Ascetical and Mystical Theology," by Rev. Charles Corcoran, C.S.C. Each after~ noon, August 1-6, the three lecturers will cbnduct workshops on their subject-matter. On four evenings, August I-4, there will be 174 Julg, 1953 NEws AND VIEWS special lectures, running simultaneously, as follows: "The Liturgy and the R~ligious Life," by Rt. Rev. Martin Hellriegel; "Canon Law for Religious," by Rev. Romaeus O'Brien, O.Carm.; and "Psycho-physiology and Religious Sisterhoods," by Rev. Gerald Kelly, S.J. The Institute will close on the morning of August 7 with an address by Very Rev. Theodore M. He.sbargh, C:S.C., President of the Uni-versity of Notre Dame. Morol Theology ond Love There was a day when the science of Christian moralit~r included everything that is now partitioned into moral theology, ascetical the-ology, and mystical theology: in othei~'words, it included the entire Christian life, in all its degreesof perfection. Bdt the very growth of the su,bject-matter made some kin~i of division necessary, at least for teaching purposes. This division more or less limited moral the-ology to the sphere of what is obli~Tator(/: tb the study of laws, of the exact limits of the obligations imposed by the laws, to the.conditions which might constitute exemptions from these laws. and so foith. There is one great advantage of this ~partiti0n: it makes a dear distinction between what is obli~Tator~l and what is superero~lator~t; and this distinction is ext~rbmely important for the preservation of peace of soul. Nevertheless, from the point of view of moral the-ology, there is also a decided disadvantage: the science is made to ap-. pear too negative. Perhaps every student and professor of moral the-ology has been conscious of this disadgantage, and perhaps many of them h:~ve tried to find some way of introducing a more.positive and inspirational dement into moral theology without, of course, scaring its basic clarity. Father G. Gilleman, S.J., a Belgian Jesuit who teaches theology in India, suggests that moral theology can gain its necessary inspira-tional note by emphasizing charity as the very soul of the Christian life--which it truly is, whether in the sphere of obligation or' of supererogation. Those who ire'intdr~sted in improving.the method of moral theology should nbt fail to read Father Gilleman's book. The title is, Le primat de la charitd en thdologlie morale. It is pob-lished by E. Nauwelaerts, Louvain, Belgium. The price is 225 Bel-gian fr'ancs. $t. Joseph Research Center A St. Joseph" Research and Documentation Center has been estab-lished at St. Joseph's Oratory, Montreal 26, Quebec. The constitu- 7.5 NEWS AND VIEWS tions of this organization have the approval of His Eminence, Paul Cardinal Lel~er, Archbishop of Montreal. The purpose of the so-ciety is to encourage a more profound study of the position of St. 2o-seph, and eventually to subsidize works published on the saint. It will sponsor research in fields such as church history, liturgy, and the arts, as well asin theology. Membership is open to' all interested in-dividuals or groups. Inquiries can be sent directly to St. Joseph's Oratory in Montreal or to Rev. F. L. Filas, S.J., at Loyola Univer-sity, Chicago 26, Illinois. Scholarships at Catholic University" The Catholic University of America has made provision for. 160 half-tuition scholarships for post graduate studies for the next aca-demic year. Open to lay men and women, priests, Brothers, and Sisters, the grants/ worth $300 towards 'tuition, will be awarded on the basis of scholastic excellence and financial need of the applicant who is entering on post graduate work. Grants are available in all studies except philosophy, engineering, and architecture. Appli-cants should write to the Registrar, Department G, Catholic Univer- ¯ sity of America, Washington, D.C., for additional details on the program. Office of the Passion in English The Confraternity of the Passion, in answer to many requests, has had The Little Ofl$ce of the Passion of Our Lord desus Christ translated into English and made available in Small booklet form. The booklet may be obtained for 25 cents from the Confraternity of the Passion, Sacred Heart Retreat, 1924 Newburg Road', Louisville, Kentucky', or from any Passionist Monastery. ~ Layos Catholic Records Layos Records is a Hollywood recording company devoted ex-clusively to the production of Catholic records. The first record, " "Act of Contrition," is already in circulation. Original music was composed by Peter; Jona Korn, and the piece is performed by the Roger Wagner Chorale. The company plans to sell the recordings through advertisements in the Catholic press. A five-year schedule calls for the production of a new Catholic record, at six-week inter-vals. The firm is being advised in its musical program by Father John Cremins, head of the music depastment of the Los Angele~s Archdiocese. The record company is anxious to ha~,e suggestions from Catholic music and audio-visual departments regarding the type of material to be recorded. 176 On !:he Particular i:::xamen [EDITORS' NOTE: The first two articles on the particulmr examen .arrive~l almost simultaneously. The fact that the first is from an American Brother studying in Switzerland and the second from a Belgian missionary in India would seem" to indicate, universal interest in this practice of asceticism. The third contribution to this "sytfiposium"'is .from a member of the Jesuit Mission Band of the New Yot;k province. Communications from Our readers that may bring some more hdpful ideas to the practice of the particular examen are: welcome.] William T. Anderson, S.M. UMAN nature is prone tO falling into a rut. Those who lead very ordered lives often become slaves to routine. Religious sometimes feel the deadening effe~ct of routine and.habit: in fact, if we ark not car~eful, we find ourselves going to chapel without any preparation and without ~any aim. Day after day slips by and, before we know it, a year is gone. When .we 'take inventory at the annual-retreat, the shelves of our spiritual warehouse look" bare indeed. Perhaps we ought once in a while to ask ourselves a few embar-rassing questions on our religious duties. The reflections listed below are the result of just such a scrubbing of the~ soul. What effect has particular examen had on me? What is my attitude towards this ex-ercise? What importance has this exercise ir~ the spiritual life? Is there any direct ratio between successful zeal and progress in particu-lar examen? After .asking yourself these questions, try to answer them honestly. Then read on and see whetheroyou agree with the ideas given below. 1. A written record is a "'must" for examen. A record book for examen was insisted on in the novitiate. Over and over we heard how necessary this was. Yetsome 'religious perhapscast their examen book out the window of the car carrying them from the novitiate to the train station. Some of us used it for a while, but then discarded it. And that ~ras the beginning of the end. Perhaps most religious who do not make examen with a record as a help do not make exa-men. I~ this a rash statement? Do .you make examen faithfully without a iecord? Does your personal experience agree with this observation ? 177 "~,VILLIAM T, ./~NDERSON Re~iea2 for Religious 2. The subject for~ examen must be specific. If the subject is not limited to definite occasions during the day, or to specific'times scat-tered oxier the usual schedule, after a time the examen, period becomes' " 6nd during which 6u~ Stomach continually reminds us "that a meal is not,far off, or it is a p~eriod of planning unconsciously our work for the rest of the day or the morrow. Vagueness here is the deadly ene-my of progress. 3. Our apostolic influence is in direct ratio to our efforts at par-ticular examen. We learned in the scholasticate that while knowl-edge is very necessary for a teacher, the more important ingredient for a successful teacher and religious educator was the hbility to get along with people and to attract souls. Anyone who has taught fora few years will attest to the authenticity of this statement. Any one will also agree that teaching boys, especially adolescent b.oys,.can be a very nerve-racking job. Nervous tension may ruin any influence which we might have with students when we use sarcasm or unjust punishments, show favoritism or laxity on some occa-sions, or exercise undue ~ever!ty on others. Examen is the means which we have at our disposal to develop in us that self=control which is so necessary for the teacher. To be kind when words of sarcasm rise to outlips, to be exacting ~h~n we fed sluggish and lazy, to give words of correction which yet, do not cut, to be patient when we have had little sleep or food (as on fast days), ~o work steadily despite the fact that "results" are not forthcoming--is M1 this.poisible without examen? Most prob-ably not. As soon as we stop working at examen, we find ourselves difficult to get along with, harsh, lazy, or sarcastic. The weeds of our defects spring up rapidly'bnce we lay down the hoe of particular exam'en. 4. Particular examen is a sine qua non for communit~l life. All of the.foregoing can be just as well applied to community life. Com-munity life sometimes causes a lot of friction, some heat, and at times, even fire. Examen is the~exercise we need to mold our charac-ters so that we learn to avoid occasions which.cause arguments' or to cement, fraternal relations, once they are broken.~ Community life is sometimes a big cross; there is no need to make Jrbigger for a fellow r~ligious. 5. Examen is one of the best means we have of attaining our ideal, desus,'Son of Marv. Putting off the old man and putting on the new man is quite a job for us weak mortals, afflicted as we.are by 1"78 953 PARTICULAR EXAMEN the effects of original sin. It seems impossible that a religious can be sincere and continue hi~ striving for perfection in religious life with-out keeping up with the daily examen. Progress tgward making ourselves like to Jesus, Son of Mary, is made only by the grace of God and constant striving on,our part. Much of oar progress in the spiritual life proceeds, ex opere operantis. And examen is an excel-lent measuring rod for our own effort. 6. Examen is one of our most poten~t means of recruitment. Stu-dents join our ranks, not because of what we say or what we write. but because o~ what we are. If we are real religious, if we are. happy in the knowledge that we are striving to perfect ourselves,, if we show the acquired virtues of patience, charity, humility, and piety, it is ~mpossible that recruits will not come to us. Is there a. better adver, tisement for the religious life than a real religious, one who is daily advancing in virtue? Holiness attracts. Examen is a potent means of holiness. . Perhaps you do not agree with all or even any of the foregoing reflections. 'Be that as it may, you must admit that, granted that particular examen is necessary, we often negl.ect this important reli-gious exercise. Not only must we strive to be present for the examen each day, but we must make it fruitful by daily striving.~ Growth. in" virtue seems to demand the daily examen. As his particular examen goes, so goes the religious. P. De Letter, S.J. The particular examen i~ a common practice of modern spiritual-ity, As every canonical fiovice knows, it consists in direct.ing atten-tion to a particular point, either a fault to be corrected or some practice of virtue, to be fostered. Popularized if not originated by St. Ignatius~ of Loyola, this has become a common tactic in the spir-itual life. All have a passing acquaintance with it. As proposed in the Spiritual ExWcises, attention is to be focused on the particular examen three times every day: at the morning oblation, in theexam-ination of conscience at noon, and again 'during the evening exam-ination. Through this practice gifferent defects, are "gradually elim-inated and needed virtues acquired. 179 ~ P DE LETTER Remeto for Rehgtous A Fact from Experience Yet some religious do not succeed with the particular examen. They apparently fail to see its use 6r grasp its meaning: At any rate, they draw little, profit from it even whrn they do not drop it alto-gether as a useless formality. This is true even among religious who in no way neglect their interior life. Their failure is not due to wil-ful neglect or to tepidity. They simply do not' see their way to making a success of the practice. . Since sound spiritual writers speak so highly of the worth of the particular examen, it seems desirable to examine some apparent neglect and to revalue._.this spiritual exercise. We may sum up its importance by saying it is a sign of spiritual vitality, especially for those who have spent some years in religion. It may not be all-important m itself, at least when it is thought of and practiced in too narrow a manner. Generally its practice is a good indication that.the interior life is thriving. More often than not, its neglect means alack of spiritual vitality. In a limited sense, fidelity to" the practice of the examen can serve as a barometer reading of spiriti~al fervor. A Restricted Conception of the. Exarnen The formal idea of the particular examen can be applied in two different ways regarding both the choice of the subject matter and the manner of conceiving its pragtice. One way is very concrete and definite, perhaps too mechanical and artificial at least for life-span practice. For instance, we decide on rooting out a habitual fault such as the neglect of silence, resolve to avoid transgressions, and keep a record of the eventually-decreasing faults. Or we concentrate our attention on a specific practice of virtue such as kind interpretation of the actions of others and endeavor to. increase the number of these acts throughout the day, checking at noon and night to see how we have succeeded. This method is very rightly advised in the beginning of the religious life. It is an effective means of correcting exterior faults and defects and of gradually developing a religious way of thinking, speaking, and acting. It is also useful at other periods in life when it is necessary to remedy some faulty way of speaking'or acting that has crept in unnoticed. Another Approach If the particular examen is to measure up to what writers say about it and be a really powerful means of progress, there ought to be another way of conceiving its practice which does justice to its 180 1953 PARTICULAR EXAMEN importance. A number of religious have given the assurance that the following approach "works." Instead of taking just any particular fault or practice of virtue, we should fix on some central interest or need of our spiritual life. If the subiect is important it will less easily be forgotten. Then its !~ractlce, oreferably positive rather than nega-tive, should be conceived in a broad and inclusive manner. By means of the resolve made and renewdd at the three times--morning, noon, and night--we work at gradually penetrating our working day with an ideal or conviction rather than at c.ounting a number of particular acts 6r ,defects. To be more specific, the most suitable ;sub.iect matter for our par-ticul~ r examen is the main resolution or resolutions of our annual re- " treat. When this subiect is properly" chosen, it answers a real need and generMly our great~st one. It may crystallize into some maxim or mqtto. Then the oractice will consist in keeping this before our mind or recalling it when needed and pbssible. We thus slowly come to live in the atmost)here or disposition which our watchword con-veys. ¯ We begin to think, speak, and act accordingly. Some examples are: "The LordIoves a cheerful giver": "Ndt for me, Lord, but for Thee": "To have that mind in you which is in Christ." The prac-tice of framing our resolution in a driving maxim or a quotation from Scripture can be very helpful 'though it is not essential. What is essential is to keep before our mind a definite objective, sufficiently central and important for our personal interior life, such as cannot be lost sight of as long as our effort for spiritual "progress is kept alive. In this method our faithfulness and success in the,practice of the par-ticular examen are the criterion of our vitality and fervor. This will create a .congenial interior climate in which our souls can thrive. The importance of tEis concep~ion of the examen is evident at once. Nor is there any danger that we shall overlook and forget it throughout a busy day. If our work is permeated with a driving spiritual ideal, as it should be if it is to be different from mere secular work, a particular examen that looks after 6ur present main spiritual need will help sustain this retreat-clear inspiration. It is only in moments of forgetfulness when we neglect grace and allow natural-ism to guide our thought or conduct that the particular examen will also suffer from this spiritual thoughtlessness, But the examen itself, by reason of the resolve and the effort it implies, helps to forestall or exclude and .certainly to dimi6ish these "secular moments" in our days. 181 P. DE LETTER Review [or Religious Room [or Varietg We need not fear that this method will leave no room for a helpful variety that will maintain interest. When our particular examen aims at our central, yet definite, spiritual interest or need, its subject, matter can and naturally will take on many different aspects according to the variations of that interest or need, directed both by grace and by our psychology. As a matter of fact, our spiritual needs and interests evolve gradhally according to seasons and circumstances and to the inspirations of grace. These will reveal now one,e, ~now another side which before remained more or less hidden or unnoficed. Moreover, when our retreat resolutio.n, as is gener~ally the case, is not restricted to one but foresees several particular needs, we can alternate the practice and change from one to the other when the 'one seems to have worn out and lost its grip. Later, we can often return to the first with a refreshed outlook and new ardor. ( Dispositions and/or Acts Does this manner of practicing the examen require specific acts as does the first, or may we dispense with these? It may require them and generally does. That depends on the subject matter and on in-dividual dispositions. Some people can maintain a habitual disposi-tion of recollectedness or selflessness without insis(ing on or multiply- , ing definite acts. Others are in need of such acts, which arise spon-taneously from their resolve to be recollected or self-forgetful. spirit of praye.r normally demands some explicit acts of formal prayer; habitual or virtual prayer alone would not be sufficient. Self-lessness, trust, apostolic zeal can be habitual dispositions, but some explicit acts, whether exterior or interior, would not do any harm but would help very much even if they were not altogether necessary. The marking in a book after the noon "and evening check-up, which is generally a real help to our dodging human nature,'is not to be overlooked in this second way. But it need not be done in numer-als. Some people are congenitally poor in.arithmetic. Instead of marking the number of acts or df faults, a gener~al notation may suf-fice, for instance: good, average, poor; or A, B, C; or any way one prefers. When we mean business with our particular examen and make use of all the means to succeed, we still must expect times when our effort will have little success. Some days everything goes well spir-itually; other days it does not. These ups and downs need not be 182 July, 1953 PARTICULAR EXAMEN ; magnified; even in0 the "downs:' our effort can and generally does remain substantially faithful and successful to an extent. This should not be oveHooked: otherwise unwarranted and naive optim-ism may flounder during low moods, Provided our desire and effort .does not flag, even this partly unsuccessful particular examen still marks a steady progress. - The second way of conceiving and. practicing the particular exa-men makes the exercise not just a small device for casual use if it suits but rather an important ~nd obligatory factor in every serious effort for progress. Without it. spiritual life~.slackens if it does not die down. Perhaps we should say that every, fervent life actually keeps this practice of the particular examen, though possibly without giving it that name. Every fervent spirituality is practically boun,d to aim at and concentrate on some definite objective required by the present need. Fervent sduls do so spontaneously. It can only make for better ~esults if they are aware of this law of spiritual vitality and resolve to follow it. Seen in this light, the particular examen-is an essential unit inthe structureof spiritual progress. It is, not just a decorative trifle. We need not fear that this determined and steady effort at lJrog-ress in one particular direction will result in a state of uneasy t~nslon and nervousness. As in the whole spiritual life, so also here, ti~e-de-sire and endeavor for advancement must combine ardor and peace,, earnestness and patience, genuine'effort and disinterested acceptance of the results. For is it not grace that makes our effort possible and suc-cessful? Human endeavor is a subordinate factor. It is no doubt, necessary: grace does ndt replaceit. But it is trust in grace combined with sincerity in not sparing ourselves unduly that makes a burning, yet peaceful ardor possible. The particular examen, understood in this grand and realistic way,, repays, th~ effort we make in a measure which it is impossible,to anticipate. Fidelity to grace is often re-warded beyond human expectation. Gabriel A. Zema, S.J. 1. Let us take, for example, the habit of passing on to a friend or acquaintance our low opinion of the fault or sin 0f another. De-pending on circumstances, the thing may be no sin at all, a.venial, or a mortal sin. Even if no actual sin, it is a habit that belongs to no 183 GABRIEL A. ZEMA lady or gentleman; and it can lead to a lot of trouble. 2. On rising, or after morning prayer, write a figure, say "3," some place where you can again see it at the end of the day. (Even nosey people will never know what "3" stands for.) For you "Y' means you are determined to control your tongue three times that day on the habit you set ouk to break. 3. When you look at the figure at the end of the day while examining your conscience as every sincere re!igious.should--it is pos- Sible you won't know what it stands for yourself. You may even have forgotten you put it there. ,But a little reflection will bring back the breaking-that-habit idea. 4. Very well, begin all over again. On the second day you may find that you have not controlled your tongue even once. Go to the third day more determined than ever. 5. I~eep'up the practice for ten or twelve days. You will find a definite improvement if you are at all serious about it. 6. At the end of ten or twelve days take tip another fault and give it ~he same treatment. Follow the same procedure. After you have worked on three or four faults.--never forgetting to keep im-' proving on them--go back to the first one and see how the patient looks! 7. In morning and evening prayers ask Our Lady to come to your aid. BOOK NOTICE THE INTERIOR CARMEL: THE THREEFOLD WAY OF LOVE, by John C. H. Wu, a very brilliant Chinese. convert, diplomat, and scholar, "wi'll help highly intellectual.lay men and women to raise their spiritual lives of contemplation and divine love td an equal height and to give them something of the lofty mysticism that char-acterized St. John of the Cross. It will also aid very busy religious or priests to make their exterior activities conducive to a ,higher and more intense internal spirit. Interestingly and inspiringly Dr. Wu quotes the ancient Cbiriese sages, Confucius and Mencius, to rein-force the lessons of modern Catholic and Spanish Carmelite mysti-cism. (New York: Sheed and Ward, 1953. Pp. xii + 257. $3.25.) 184 Child Mo!:her: r cious ynt:hesis Mother Winifred Corrigan, r.c. AT HOLY COMMUNION, the soul authentically in love with ~ God, is sometimes conscious of itself as a banq~ethall in which the memorable gospel of the anointing of the Lord's feet by "a sinner" is being reenacted. This soul becomes aware in itself of two sep.arate impulses. One is the generous spirit of the Magdalen, utterly expending self for the beloved Master, freely offering to spend its best years in obscurity or lovingly giving its body to be burned. The other impulse, also within .the soul, is viewing, rea-soning, even objecting: "To what purpose is this waste?" It is the soul speaking in terms of the apostle 3udas, not yet the traitor, who prudently considers the extravagance of broken alabaster."For this might have been sold for much, and given to the poor." That Our Blessed Lord openly favored and approved the sym-bolic self-surrender ~f Mary Magdalen, the sinner, we know. "The poor you have always with you but me you have not.always." We have experienced, too, bow the logic of Divine Wisdom reconciles our opposing desires and restores equilibrium. "Thy. sins are for-given thee. Thy faith hath'made thee safe, go in peace." Devotion to Mary performs a similar function. It tends to unify two spiritual realities sometimes thought to be at variance: the doctrines of spir-itual" cbildbood and spir!tual motherhood. Why are these doctrines ever considered incomigatible? In the natural order, it is plain that the two states, childhood and mother-hood, are not in opposition. Obviously, the same person can be both child and mother. The basic concept, mother, one who merci-fully sustains the life of her offspring ("do not kill it"), is unfor-gettably presented to us as illustrating the wisdom of Solomon. "Give the living Child to this woman.for she is the mother there-of." This concept of mother ~choes the first woman's name, Eve, mother of the living. The concept of child, in the Divine Mind, is expressed for us in the Fourth Commandment. In the Book of Ec-clesiasticus (Chapter 3) the blessings of fruitfulness and long life are promised in detail to the loving, obedient child. Writing to his dear Ephesians, St. Paul confirms this divine revelation for New Testa- 185 MOTHER WINIFRED CORRIGAN Review for Religious merit times.- "Children, obey your parents in. the Lord, for this is just. Honor thy father and thy mother, which is the first command-ment with a prorriise: that it may be well with thee, and thou mayest be long lived upon earth." Thus, for the Christian, it is natural for the faithful child to become fruitful, nor would the sacrifice of mar- ¯ riage and family usually be required in order to keep the Fourth Commandment. In the supernatural order, the harmonious' sequence between the roles of child and mother is less apparent. In making ready to lighten up the mists by reference to M.ary, it may be well to clarify the meaning of the terms, spiritual childhood and spiritual mother-hood, according to Scripture and the lives of the saints. Spiritual Childhood Our Lord has strongly set forth the reality, even. the necessity of spiritual childhood. "Amen, I say to you, unless you be converted, and become as little, children, you shall not enter into the kingdom of heaven." He then counsels the humility of a little child for his disciples, and for all who would be "greater in the kingdom of heaven." The reality of spiritual motherhood is presented for us in the forceful language of St. Paul. "My little dhildren," he wrote to the Galatians, "of whom I am in labor again, until Christ be formed in you." His apostolic cry for souls re-echoes the appeal of the Divine Lover, heard in the Old Testament (Isaias 49:15). There it tran-scends rather than distinguishes itself from the pangs of .natural motherhood. "Can a woman forget her infant, so as not to have pity on the son of her wombs. And if she should forget, y.et will I not forget thee/' Amid the miracles of Our Lord Jesus Christ, we find this divine, motherly concern for human needs manifesting itself in a sweet, considerate way. He took the hand of Jairus' 12"-year-old daughter and raised her from the dead. Then, having counselled her parents to secrecy, he "commanded that something should be given her to eat." Some of tl'Je saints have discovdred the .beautiful qualities of spir-itual childhood and spiritual motherhood.contained in the above and similar passages. At Holy Communion, they have explored the mystery of their Eucharistic Lord .entering the human body, resting there like a helpless, unborn child, in order to nourish the life of the soul. The Divine Word, repeating the mother's cry: "Do not kill 186 Jul~,1953 GRACIOUS SYNTHESIS it!" 'daily fulfills His own promise: "The bread that I will give. is my flesh, for the life of the world." The saints have understood how, by their very self-effacement, by being belittled and becoming as little children, they too can maternally assis~ in the birth, growth, and' development of the Mystical Body. St. Th~r~se of the Ch'ild Jesus (1873-1897) has renewed the interest of the modern world in the doctrine Of spiritual.childhood: Her position as youngest child of the Martin family and her early entrance into religious life preserved in her soul the true attitude of a child. How this spirit of utter dependence on her heavenly Father helped her to fulfill her maternal duties as nox}ice mistress to the souls "who came to me asking for food," she tells with unique charm in her Autobiographgt (p. 213). Her present title of patroness of the missions suggests the breadth of her spiritual moFherh0od, hidden deep in her youth and Carmel. No discordant contrast is the spirituality of Blessed Th~r~se Couderc (1805-1885), foundress of the Congregation of Our Lady of the Retreat in the Cenacl~. As the oldest girl in a large family and as young superior of a religious community, sloe early developed the valiant traits characteristi(of spiritual motherhood. Then. con-sequent upon bet consecration to Our Lady, shesaw her responsibili-ties removed and she went down willingly into years of oblivion. In her 60th year, Blessed Th~r~se or, as we know her better, Mother Th~r~se, had emerged from the darkness of humiliation and failure, to find herself a humble, cherished adorer confronted with the holi-ness of God. "He treats me always." she wrote at this time, "like a child who would not have the strength to bear trials, Also the sweetness He makes me feel in His service makes me forget and bear all." This is the stage at which she detailed her doctrine of self-surrender. While it graduall~ led her into the thicket of unitive suffering and reparation, she continued to call it an easy means of sanctification, noting that there is "nothing so sweet to practice.': Marg, the Ideal The ideal of self-surrender is Our Lady of the Cenacle. It is Our- Blessed Mother in th~ last. perhaps 15-year, epoch of her earthly life. She has already received her Divine son's formal commission for the motherhood of mankind, on Calvary. In the Cenacle or "upper room," by a mother's persevering prayer and a claild's anonymity- ("who when she was first of all became-the last" St. Bernard), 187 COMMUNICATIONS ReotetO [or Reltgtot~s Mary continues to attract us to the sublime by the gracious synthesis of her life. In religious life, Mary's spirit is learned and gained in a'variety o.f ways: perhaps in the shared intimacy of Holy Communion, perhaps in the fragrant solitude of a retreat. Our Lady is ever the, true child ,and the true mother. Her spirit, '!meek and strong, zealous and prudent, humble and courageous, pure and fruitful," imparts to us our own proper measure of both these roles. When we have reverently analyzed ~and appreciated the doctrines of spiritual childhood and spiritual motherhood, we may be allowed to accommodate an angel's words as our simple directive,. "Take the Child and His mother." Thus, sincere, day to day imitatio'n of Our Blessed Mother. gradually becomes our meaningful response to an ever more imRerative invitation. We then find that we have tended to integrate in our spiritual .life the two ways'of which Mary, our model, is the gracious synthesis. Reverend Fathers: I agree with Sr. Ma~y Jude', 0.P., in her articl~, "The Summa for Sisters" (March, 1953), that a study of the works of St. Thomas would help our Sisters become better religious and better teachers However, I do not agree with Sister regarding "the distinctive phe-nomenon of the active orders today." Professed religious who are seeking admission to contemplative orders are a growing concern of the Church, but they are not a phe-nomenon. They are the logical result of the transition that has been taking place within active orders. Truly "their final profession is far enough behind," but a glance at those former days may illuminate the darkness, mistrust, and mis-understanding that surrounds them. When ~hey entered religious life the goal was one--it was clear-cut, that is, perfection which would I, mean intimate union with God. During their novitiate and perhaps I' for the first ten years of their religious life their concentrated all their it efforts to attain this end. Then stress was not on education, nursing, i! or Catholic Action, but on the presence of God and the pursuit of I virtue; however, because of pressure from without, the change of l 188 duly, 1953 COMMUNICATIONS standards, and the requirements by the St'ate, professional knowledge, ability, and skill became a necessity. Therefore. higher education with Saturday and weekday classes was added to teaching, plus parent-teacher m~etings, sodalities, public relation groups, discussion clubs and first~id courses. These religious lack neither intelligence nor good will. They readily admit with St. Thomas the greatness of the charity of the apostolate. Theylive, for the most part, lives of self-renunciation and sacrific6. Other,wise they would not be seeking admission to the cloister.- Nor are they seeking only the joys of contemplation. Most of them would gladly spend themselves and be spent in the apostdlate if they could still be c~rtain that their union with God was increasing not decreasing. But the signs point in the opposite direction. Let us look at one of these Sisters of fifteen y~ars ago. Today, instead of the one goal of 'union with God, she has another, that of professional competence. What has happened to her.as a result? First, the intensity of her desires and her efforts in the spir~itual life has naturally been weakened by her concentration on her work. Second!y, the virtues of the interior life, silence, and recollection do not have the opportunity for development they had in fdrmer days. Distractions in one form or another and activity hinder their growth. Thirdly, the virtues of the hiddefi life have become watery. They lack the positive yirility that so characterizes interior souls. She is in the world and does not wish to be of the world, yet its spirit of ac-tivity and distraction are now hers. ~ Viewing these results, she finds a growing conviction that her. spiritual life is deprived of the degree of vitality that once was hers and thai the culprit is activity. From this conviction flows the fear that her work and its accessories are separating her from Christ. It is not the fear of a neurotic; it is a well:founded fear that demands recognition and attention. No zealous religious desires to go to heaven alone; no thinking religious denies the value of the apostolic life,, but there is much ac-tivity in the life of the religious today that could not conceivably be put in the category of Apostolic. Those who strive to unite prayer and action as St. Paul and St. Thomas, St. Catherine and St, Teresa of Avila did, find they fall short of the ideal, in fact they fail. Tl~is is not just subjective thinking. It can be proven without much spiritual examination. As in nations, so in groups, and so with the individual, the pe- 189 COMMUNICATIONS ~" riod of adjustment is 'fraught with dangers. These must not be spurned. They should be recognized and analyzed. It is the chal- . lenge of our age. , The desire for contemplation is rapidly growing in America, not o~ly.in orders of women but also among men. We have a Father Moore, a Father Raymond, and a Father Merton, to name only a few outstanding ones, to prove this. Not only is contemplation sought by' religious in active orders, but so many young, eager Americans have sought admission to the Trappist Monastery in Kentucky that they .have had to build five new foundations in a short time, The Carthusians, stiil in their infancy in America, have a waiting list. All. this is significant. ¯ Would Sr. Mary Jude say all these people were exceptions, or that they lack the ability to find the delicate balance between prayer and work. I doubt it. Looking at it from this' broader .point of view, we see that this cbndition of which~ Sister M, Jude speaks i~ only a branch of a much larger river that is sweeping America from coast to coast. If we wish to insure the vitality and growth of our active orders, we must see that. the desire for intimate union 'with Christ is given outlets and opportunities for development, .even if it means the curtailment of many activities. We can do without the latter, but without the for-mer all action is but sounding brass and tinklilag cymbals. --A SYMPATHIZER. "BLESSED BE HER GLORIOUS ASSUMPTION" .On December 23, 1952, Our Holy Father, Pope Pius XII, decreed that the in-vocation printed above is.to be added, to'the Divine Praises whenever they are re-cited after Mass or'after Benediction of the Blessed Sacrament.' In the official publi-cation of this decree, which appeared in the Acti~ Apostolica Sed~'s under date of March 21, 1953, vol. 45, p. 194, it was stated that this new invocation should be inserted after the invocation "!Blessed be~ th~ Name of Mary Virgin and Mother." However, L'Osseroatore Romano for April 9 contained a correction, issued by the Sacred Congregation of Rites on Apr!l 8, to the effect that it should be inserted im-mediately after the other invocation: ',',Blessed be her Holy and Immaculate C.oncep, tion." ,. The ob'.i~ati0n of inserting this new. invocation into the Divine Praises begins on dune 21, 1953, that date being three months from the date of the ACtu Apos-tolicae Sedis in which the decree appeared, in conformity with canon 9 of the Code of Canon Law. We take this occasion to remind our readers that on Oc~0ber 31-, 1950, in con-nection with the formal definition, Pope Pius XII decreed that the invocation Queen assumed into f-leaven should be added to the Litany of Loretto after the ~'oCation "Queen conceived without original :sin." At the same time he also up-, proved a new Mass which is to replace the Mass formerly said on the Feast of the Assumption. 190 I Spiri :ual Progress and Regress Charles A. Nash, S.J. AN IDEA as old as St, Augustine, and. rebbrn in Rodriguez, pic-tures the spiritual life "as a ,b~all of string you are carefully winding up. IL once you drop it, it readily unwinds, and it takes a long time and much effort to .wind it up again. This same idea, on a natural plane, permeates the business day of six thousand psychiatrists in the United States who have become profoundly, interested in what happens once the ball of life is dropped and starts to unwind. Their technical name for it is regression or the reversal of t~ae normal steps Of growth. Regression is of such paramount im-portance in psychiatry that it is often .defined as "the science of re-gressive phenomena." The aim of this article is to picture regression in the spiritual life and.to use psychiatric data in order to empha.size certain psychological factbrs that underlie spiritual progress. " Because it is their.daily, business, psychiatrists today are fast be-coming experts in the delicate art of character change or the forward step to maturity, As modern scientific.innovators in an ancient field. these medical specialists have made many valuable scientific investi-gations and acquired much practical experience in the last twenty-five years. Religious ark wise to profit by some of their ideas on regress and pr,og~ess toward maturity 'which have a direct practical bearing on the religiou~ life. Like the psychiatrist, a religious, too, practices daily the delicate art of character change, but be aims at a greater spiritual maturity. The forward progress at which a psy-chiatrist aims in treating his patient strikes a close parallel to the for-ward progress of a religious in the spiritual life. Both involve a gradual change of character. Psychiatrists must know character change in two directions, both Zegre~s and progress. The classic exampl,e of regression or unwinding in human life is old age. We are often a casual witness when time, by its slow process, lays its fingeron a man. We have watched elderly PerSons gradually drop things most cherished in !ife, one by one. first a man b~gins to lose the wide ifiterests he once had. Sports no longer interest him; he stops traveling is much as he used to; his friendships narrow dow.n; interest in his daily, work begins to lag. All gradually culminate in his retirement.1 If he.k~eps his mind open '~Leland El Hinsie?Concepts and Problems of Ps~ychotherapg, p. 124: Understand-able Psgchiatrg, chapter on "Regression." * 191 ¯ CHARLES A. NA~H Reoietu for Religious and pliant and is ready to welcome whatever the future may bring, the elderly pers.on often mqves gracefully through his last years. Often enough, however, his mind closes up and he loses track of the day and the hour. He becomes hostile to what is new, to change, to innovation, closing off hislmind to the future. In the ,course of time he may become self-centered and petulant, and fall back upon the 'manners of his childhood, then of his infancy. He may have to be bathed, fed, dressed, assisted in walking. For him it is a haven of repose, a citadel of safety. He has reverted to his "second child-hood" and regressed to the activities of an infant. Besides the com-plete unwinding of habits of maturity in "second childhood," there are many pictures of partially unwound habits which are but-smaller portraits on a much reduced scale. Unwinding Spiritual Life Complete spiritual regression can be 'seen in-the nominal of "fallen-away" Catholic of any age who knows his religion but drops. its practice entirely. The unwinding spiritual, life runs down a path more or_ less parallel to "old age and ~econd childhood." The ¯"fallen-away" .Catholic's practical interest in religion slowly wanes, and he gradually closes off his mind to religion, becoming spiritually self-centered. One by one he drops the religious practices he once cher-ished. -Sunday is like any other day; the churchdoor remains ever .i:los~d. He stops going to Mass; he falls away from the Sacraments: his prayer life diminishes to a minimum or none at all. Gradually, his acquired spiritual habits Unwind until he is back to "childhood," where spiritual obligations and.moral responsibilities are at a mini-mum. He has traded away God for careless, vacant ioaming. As far as religion is concerned, he is once' again like a small boy, sans reason and his seventh birthday. Instead of progressing to an ever greater possession of God, he has gone backwards. Here, too, miniature por-traits of regression are quite common in the spiritual life where a spiritual habit or two may start to unwind. Progress and regress follow definite patterns. .One is a dynamic, forward-moving pattern toward maturity; the other moves back-ward down the path a man has come up, Life experience normally present~ the picture of a continuum of, forward growth along a life-line which falls into natural periods: birth, childhood,, adolescence, young manhood, adulthood, change of life, and decline. It is the common lot of mortal man to :crown his numberless daily experi- 192 Jul~j, 1953 PROGRESS AND REGRESS ences with.an ever greater maturity. This growing maturity is dearly won through countless small successes. In sharp contrast, the re-gression pattern, at any age and at any level of development, is a're-versal of the' normal steps of growth along', this life-line. Read the life-line forward and you have progress; read it backward and you have regression. Psychiatrists'~tell us that every man takes a backward step now and then. No one, save Christ our Lord and His Blessed Mother, is co,mple.te master of his every action. For religious, the single back-ward step may occur in problems of obedience,' the daily order, pov-erty, t~he practice of virtue, the daily rosary, spiritual reading--to name but a few possibilities. The single backward step is not. so significant. When this backward step becomes a definite pattern, then real spiritual regression is beginning. But despite" occasional backward steps, psychiatrists say the nor-real person is about ninety per cent adjusted to life.~ About ten per "cent of life he cannot quite master and he dodges it in one way or another. In other words, man's daily batting average is about .900; the ratio of small successes in life to small failures is about ninety to ten. Whether saint or sinner, some failure pursues him every day, but success (forward progress) definitely predominates in his actions. Dgnamic Equilibrium Because he is fundamentally successful but always carries some failure in tow, the average person strikes a balance with life. He reacts in terms of an equilibrium--a dynamic, forward-moving equilibrium in which progressive factors predominate, ,but regressive ones are also present. This equilibrium ,is built into the very struc-ture of his mind through the years. It is his own practical system of reacting to life, his working method of dealing with experience de-rived ,from his past.psychological history. Psychiatrists have learned~ to investigate this equilibrium scientifically and now actually measure it,.with~scientific formulas,a When it breaks down, regression begins. If it does not break down, progress continues. ~This figure refers to the over-all or.comprehensive picture of all man's actions in meeting life. Personal success in one particular action, however, may vary from mastery, to littleor no control. Leland E. Hinsie, Concepts and Problems of Pay-. chotherapt./, p. 77. Edward A. Strecker, Fundamentals of Ps~/chiatr~/, graph on p. 231, 3E~lward A. Strecker, Fundamentals of Psv. chiatr~t, p. 51. Franz Alexander and H~len Ross, Dgnamic Psgchiatrg, p. 140. CHARLES A. NASH Reoieto for Religious This dynamic equilibrium produces manifold effects. It gives an even tenor to, man's ways and stability to his character. It embeds past success in the human system for'future successful operation. As a result, whatever a man does in his normal day leaves most of his old order standing. A singld act, forward or backward, leaves most of his autobiography of character largely unchanged. Occasional back-ward steps are readily tolerated and absorbed without throwing the forward motion offstride. Because of it, a major change of character. occurs slowly. A spiritual character change requires many actions over a considerable period of time. In many aspects of life this equilibrium acts as a shock-absorber, an internal ,resistance built right into the structure of personality for resisting the "blows of outrageous foitune." For instance, a death in the family may score a temporary psychological and emotional knockout in other members of the family~. But soon the pendulum swings back to normal and old habits take over once again. Gradu-ally, the appreciation of life built up through the years prevails, and life goes forward once more. Because of his equilibrium, a man does not deteriorate psychologically at one major blow, nor can ,he turn himself'inside out, for better or worse, overnight. Role o~ Failure After much failure or long-enduring stress, this same personal balance or equiliblium can wear thin or even "break down." When this occurs, the backward pattern of regression slowly begins. Then, a religious falls back upon lower and lower levels of his spiritual life, and becomes beset by earlier and earlier habits of his career. The first failure is easy to take, but not a series of them. Failtire is hard on morale, and daily failure has a numbing effect on our effort. The effect of failure is to close off the mind to the difficulty and 0fall back upon.earlier habits. After repeated failure, for instance, a religious may gradually close off his mind to formal mental prayer, and fall back upon his earlier habits when mental prayer was not part of the daily schedule. All spiritual regression has one point in common: it is a back-ward step to an earlier and easiei adjustment to the difficulties of the spiritual life. At the, same time, unfortunately, spiritual progress either slows down or stops. Part of the goal drops out of the picture "for the present," and there is a partial farewell to hopes of greater things. Instead of the "new man in Cl~rist," it is a return to the 194 PROGRESS AND REGRESS "old man" of self when spiritually less mature. The significance of regression in the spiritual life is that it sounds the knell of forward progress. Continued progress requires that a religious take failure~ in stride. Often small successes in life become so integrated into a religious per-sonality that they almost go unnoticed. We only see and take note of our failures, and they can come to loom large on the daily hori-zon. After repeated failure, therd is danger that a religious will close his mind and chart his future course by past failure. The true measure of the future, bower(r, is past success. There is no small touch of humility and wisdom in expecting some daily failure and not charting our future course by it. Man normally moves forward in a dynamic equilibrium with a ninety per-cent rate of success. American Stgiritualitg The pace or tempo of character chahge is a slow one. Being' American-minded, we naturally expe.~t rapid results. The very at- . mosphere of our times--an era of modern machine .efficiency, high- 13ressure business methods, production miracles, and high-speed travel--promotes an ingrained bent toward immediate success. Rightly' or wrongly, we feel there should be a twentieth-century ¯ masterkey to the spiritual life, a foolproof device as dependable ?s the multiplication table. Yet strangely enough, our spiritual life seems to move at the tempo of the first centuiy in a twentieth-century World. True character change may be hard to see. We Americans see the, entrancing picture of industrial production, but we look upon spiritual progress in our own lives as a vague or blank picture. Sanc-tifying grace and internal actual grace are both intangible and invis-ible. We sow the representative crops, the seeds of humility, love of God, obedience, and the other virtues, yet always wonder2--when's the harvest? To see results, we often make one good resolution suc-ceed another in rapid succession, turning our spiritual life into a series of short-term cycles, partly for variety, partly to convince ourselves that we are getting somewhere and making progress. But after six months of short-term cycles we are ready to doubt whether we are changed an iota. That old spiritual problem which we settled once, and for all two weeks ago somehow surges back to life again today. A series of .these experiences can readily warp ore: spiritual judgment or ~lgrudence and lead to loss of effort and discouragement. Then 195 CHARLES A. NASH Review for Religious failure charts our course. Being constitutiOnall~y successful, we shift our effort to some more promising line of_ endeavor, and the spirit of' spiritual progress becomes like a ghost on the outermost rim of the real business of daily living. 200-300 Hours Psychiatrists have much this same time-problem. How much time is required to make a permanent change in a patient's character~ How long to turn a man around and start him forward again on the life-line to maturity? A considerable body of evidence indicates that it takes two hundred to three hundred hours, roughly speaking; to make a permanent character change.4 This means one hour a day, seven days a week for about nine months devoted to making the change, whate;cer that change may be. No matter how un-American it may sound, there seems to be normally no substitute for time in a 'permanent character change. Even if our minds thunder and rever-berate in syllogisms, it still takes from two to three hundred hours to drive' the lesson home permanently and to relate it in experience to the concrete parts of life. A religious may profitably add a bit of timing to his spiritual motor; Permanent growth is not like reading through a spiritual book in three or four days ~nd expecting the result; it is more l,!ke the slow, nine-months' nurturing of the child in the mother's womb. It is not the work of a day or a week, but it finds a closer parallel in the one hour a day for nine months thata student devotes, say, to mathe-matics ~r history or language in school. Putting on a facet of Christ's personality is not done in one meditation; it slowly develops like the b.aby slowly developing back and neck muscles, balancin'g on his feet at six months, and finally learning to walk near the end of a year. Permanent character change, is more in the image of St.,Peter and the Apostles learning confidence in Christ over a period of several years, and still being a bit shaky at His death when confronted with actual life experience. But worth noting is the ever-recurring fact of suc-cess. After nine months in the womb the baby actually is born; a year later he walks; in nine months the student knows his history, mathematics, and language. In time the Apostles did attain cona-dence in Christ. Actual success is the constant experience of the hu-man race if timk and energy are dev6ted to the task. 4Leland E. Hinsie, Concepts and Problems of Psychotherapy, 11-12. 169. John Knight, S~o'ry oI My Psychoanalysis, 2-3. 196 155, 166- Ju~,~, ! 953 PROGRESS AND REGRESS ¥~rhat l~appens in two or three hundred hours? In that time our perso.nal equilibrium changes. Through ~ur mind and emotions there slowly winds a new track of virtue all its own. Character change invoIyes a rather thoroughgoing shift in our habitual reaction to life. It requires a new appreciation of life as a permanent part of the m~nd, a' new emotional pattern, a new reaction to a vast number of concrete situations. Suppose, for example, a close friend dies with whom you have associated night and day for ten years. In all the old situations which constantly remind you of this lost friend you m~lst make clear to yourself that you have this friend no longer, and that a renunciation is necessary. He is Vividly represented {n many personal memories and experiences. You will have to correct your reactions for many a day, and detachment must t~ke place separately in each instance. Similarly in character chan, ge. "The single action, the passing thought hardly dents the human system: it remains more like a feeble echo in the soul. A single action leaves one's equilibr!uin for meeting life largely unchanged. In two or three hundred" hours, however, the new reaction "works through" and permeates our mind and our thinking~ In that time it develops its own emotional pat-tern and becomes permanently related in experience to most of the concrete parts of life. Factors in Adult Progress As adults, we tend to sell human nature short. We frequently forget what a long way we have come since childhood, the countless number of small successes involved in our present degree of maturity. Starting out as a helpless babe, man slowly learns t6 walk, to speak, to run, to master language, to enjoy countless new experiences,, to cope with school life, to earn a living, to marry and support a fam-ily. Any one of thesehas practical difficulties of time and energy and personal ability somewhat like those in the spiritual life: Yet by the common experience of mankind, their attainment ih practically cer-~ rain if sufficient time and energy is devoted to the task. As adults we tend to forget the countless milestones we have already passed, and even come to expect no new milestones in the future. Often as adults we cut down on spiritual time and energy, and act in the practical order as if religious experience had been exhausted. If a religious tries to compress thirty hours int6 twenty-four, it is inevitable that he will have to scalp time from his spiritual life to ac-complish this feat. In this regard it would seem that all of us are endowed with a certain native shrewdness of the horse-trading vari- 197 CHARLES A. NASH ety. But little time means little progress. Sometimes we run our spiritual life like a carburetor with too thin a mixture of energy to operate the machine. Life's fast teinpo drains away energy. The more our limited daily energy is channeled to other things, the less remains available for character change or spiritual growth. ~ If there is no time and energy, there is no progress. As we grow older, our ideas of spiritual experience tend to become mote and more .rigid. Spiritual progress is difficult in a rigid mind, like mov, ement in a. straitjacket. Progress demands an open and pliant mifid with the door ever open to wider spiritual experience. Often in order to pro-gress we first have to unstiffen our spiritual ideas and keep them lim-ber. Age is not a true limit to spiritual growth. Remai'ning ever an experiencing being, man normally moves ever forward irma dynamic equilibrium toward an ever greater maturity in God. If the human mind closes to the future, it falls back upon the past. Not age but the man himself puts a stop to progress, by refusing new spiritual ex-perience. The Divine Plan Time, energy, and an open mind docile to the Holy Spirit fit into God's design for human experience on earth. In His divine plan as the Creator of human nature and every human experience, God has an eminently skilful regard for bo~h the strength and the weakness of the earthly pilgrim in his slow daily progress. He assists the slo~v, three-hundred-hour pace by the superior motivation of divine reve-lation, by countless actual graces, by the supernatural virtues of faith, hope, and charity. When only a miracle can be substituted for time, when our very best efforts are always attended by some failure, we catch no small glimmer of the "divinity that shape~ our ends" in the gift of-the three theological virtues. For without hope progress stops; without faith the path grows dim: without love the heart grows faint along the way. But in God's design for religious ex-perience ,the pilgrim is fortified by God Himself. Faith illumines our mind along the road to God; hop~ keeps effort alive and the goal be-fore our eyes; and love is even now a participation of the goal itself while progressing along the way: Divine assistanc~ and a ready w~l-come ever await the pilgrim at every step of his journey. "Come to Me all you that'labor and are heavily burdened and I will refresh you." The lq.ng-run trend of spiritual growth, in God's design, is a quickening triumphal march. ~ 198 The Unseen World Jerom~ Breunig, S.J. THE telescope and microscope have extended our horizons im- | measurably. They have opened up unseen worlds for us. "How mean is earth when I look to heaven," said St. Ignatius one night in Rome more than 400 years ago. Hbw much more mean-ingful this remark is today when the giant eye at Mt. Palomar, California, a 200 inch telescope, helps us penetrate into the sky to the staggering limits of more than one billion light years" and reveals millions of suns like our own moving at the incredible .speed of 500,000 miles, per hour. .~Apart from the findings of the great ob-servatories, even a good telescope on a clear night can reveal wonders hidden to the eye. We can see the pock marks that craters ma~ke on our next ~lo~r neighbor, the moon, which is a scant 238,000 miles fr6m our planet. We. can see the nine moons that cluster about Jupiter, the'ring of light about Saturn, as well as the fiery masses said to be billions of stars. ~The inicroscope opens another unseen world. To the unaided eye what is on the glass slide lo6ks like'a drop of water. Under the microscope we see many protozoa of all kinds. We can see scores of little slipper-shaped animals called paramecia caromin~ about in the water. Perhaps a sluggish, slow-moving amoeba can be sighted or a green euglena of the mastigophora (whip-bearing) family, propel-ling itself by its whiplike tail. After human vision gtopped, the zo-ologist has pushe,d on with his microscdpe to discover 30,000 kinds of protozoa in an unseen world. But there is another world still more 'marvelous and far more important than the worlds that the magnifying glass reveals. It is the unseen world of spiritual realities. Higher visual aid is required to penetrate far into this invisible but real world. We are blind and helpless without the eyes of faith. St. Paul speaks right to the point. "What is faith? It is that which'gives substance to our hopes, which convinces, us of things we cannot see." What are some of the realities in this unseen world? What are some of the "things we cannot see" except with the eyes of fai'th? No one has ever seen a soul at the moment God created it,'when it.left the body, or at any other time. Nor has anyone seen the re-birth of a soul at Baptism when the higher life of grace is infused and the human clay is made immortal diamond, when the bap'tized 199 ,In I JEROME BREUNIG Reoieto for Religious is made a son of God and heir of heaven, when the Three Persons of the Blessed Trinity come and make their home in the soul, trans-forming it into a temple of God. "Blessed are those who have not .seen and have believed." Faith convinces us of things we cannot see. No one has seen a soul red as scarlet washed whiter than snow by the absolution of a priest. Nor has anyone seen the bread of heaven restoring the waning strength of the soul. No one has seen the inexpressible joy of the elect in the mansion,s of heaven, the chastening anguish of the souls in the prison of purgatory, or the black despair of the damned 'in hell. "Blessed are those who have not seen and have believed." Faith convinces us of things we can-not see. Opposition of the Sense-World It is essential to salvation to stay aware of the unseen world but it is not easy. We live in a world of sense. Our very mode of learning is rboted in sense impressions. There is nothing in the mind / that was not first in the senses. Even faith comes by hearing. Our convictions about what we cannot see are constantly being challenged by things we can see. It is a losing battle, naturally. For instance, we will ordinarily be more vividly impressed by paging through a national picture magazine for a few minutes than we will by reading the Imitation of Christ for the same length of time. Unless we con, stan.tly cultivate supra-sensible reality by reading, reflection, and prayer, we will not be able to offset the ever-present attraction of the sensible. We.are also at the m'ercy of our less immediate environment. We are influenced by what we see, hear, feel; and much of this is secular. It is not informed with respect for the sacred unseen realities. There are also abundant examples of godlessness. To claim there are no atheists in foxholes, on the operating tables in our hospitals, among the alumni of our schools; Or ("there but for the grace of God go I") among ex-religious is to close one's eyes to the facts. The lack of respect for God's creative co-operation in h.uman generation is widespread and appalling. There are hardened, blinded men who look on death like the fallen-away who "assured" the hos-pital chaplain: "If I die on the operating table, there will not b'e any-one to take me away." Many non-believers patronize our "naivete" in accepting the sacramental system. A Catholic mayor was openly ridiculed in the public press: "How can he be fit to manage the city goverttment when he is foolish enough to believe a little wafer is his 200 duly, 1953 THE UNSEEN WORLD God." Communists use brutal methods.to eradicate, "to wash away," a sense of the supernatural, but secularism has a smooth ap-proach that sometimes is even more effective in uprooting faith, hope, and charity. The recent ~u.rvey of religion in the United States has produced some startlin~ data. The first report that 99% of the people be-lieved in the existence of G~od was heartening, but the subsequent studies revealed the shallowness of much of this belief. Thd eighth" of the series, "What Americans Think of Heaven and Hell," reported the following statistics in the March number of the Catholic Digest. "Do you think there is any real possibility of your going to.hell? Yes, answered .I 2 %; No, 29 % : Don't know, 17 %; Do not beh.eve in hell, 42 %." In other words, 88 % of those questioned were not greatly concerned with .a truth that Christ underlined clearly, in His teaching. And this is the. environment, through the press, radio, television(?), and a thousand other contacts, we live in. The un-seen world of faith has competition. Witnesses to the Unseen The greatest Witness to the reality of the unseen world was" Christ, God2s Son, who clothed Himself with flesh and blood, a true human nature, worked miracl~s, and founded a ,visible Church to bear witness to the invisible grandeur of divine realities. He invites religious in a special way to continue to bear witness. He has invited them to prove the eternal value of.a better world to a money-mingled, sex-sick, rugged-individual generation by being poor, chaste, and obedieht as He was in the wor'ld. "But if religious are not inhabi-tants of this unseen world they will never impart the irresistible con-viction that the unseen world exists." The recent communication from a Poor Clare (REVIEW, No-vember~ 1952, 312-14) contained the eloquent witness to the un-seen world that is afforded by contemplatives. "There is an unseen world which to her (a Poor Clare) is very real. The incidents of daily lilt'are mere accidentals which are of value so far as they pur-chase for her more perfect union with God. This unseen world is as real to her as the things she can reach out and touch, and touching it she can make every action of hers prayer. I am speaking of prayer,mnot prayers," Until the unseen world is as real to us as the things we can reach out and touch, we will not convey the conviction so badly needed. 201 C. A. HERBST Reuieto for Religious, There is on~ way to make this world that real. It is by living in it. I remember a retreat master's remark on tills point. "You have to have darkness to find a picture on the sensitive plate, and you ha~e to have prayer to bring out the invisible presence of God." Again, it is ' prayer and not prayers that will enable us to live the convictions of our faith. Chari!:y C. A. Herbst, S.J. W~HEN a learned man among the Jews asked Our Lord: "Which is the great commandment in the law?" Christ answered: "Thou shalt love the' Lord thy God with thy whole heart, and with thy whole soul, andwith thy whole mind. This is the greatest and the first commandment." (Mt. 22: 37, 38). This was not new with Christ. It is the burden not only of the New but als0 of the Old Testament. written, as St. Paul says, "with the Spirit 6f the living God.in the fleshly tables of the heart" (II Cot. 3:3). The theological virtues are the greatest of all the virtues. Thdre are three of them: faith, hope, and charity. "And now there remain faith, hope, and charity, these three." Of these three, love of God' for His own sake is the queen: "But the greatest of these is charity" (I Cot. 13:13). Its object is God Himself, and our motive for loving Him,. too, is His own dear Self, "because Thou are all good and worthy of all love." "I call charity that virtue which moves the soul to love God 'for His own sake and oneself and the neighbor for God's ~ake," said St. Augustine. Charity makes all the virtues live. It is the soul even of faith, without which it is impossible to please God. "The life. of the body is the soul. By it the body moves and feels. Even so the life of faith is charity, because it works through charity, as you read in the Apostle: 'faith that worketh by charity' (Gal. 5:6). When charity grows cold, f~ith dies, just as the body does when the soul leaves it." (St. Bernard, Serrn. "2 In Resurr.) "O my God, ,I love Thee above all things." How can I truth-fully say this when I prove many times every day by committing venial sins that I love even tiny creatures more than I love God? Or why is it that I do not cry for love of God wheaa I lqse Him by mor-tal sin but I do cry when I lose my mother by death? Although ¯ 202 drain, 1953 CHARITY these actions seem to be contradicting my words "0 my God, I love Thee above all things," they, really do not. I can weep over my mother's death and commit venial sins and" still love God objectively above all things. That is, I can, and do, go on sincerely and earnest-ly wishing Him the l~reatest good, .that He will continue to be the supreme object of all love and receive divine honors. I can commit venial sins and weep over temporal ld~s and still love God above all things appreciative4 , too. by preferring God with an efficacious will to all created things, by esteeming Him as thehighest good. I can so value and esteem Him ak to be r~eady to lose all else rather than abandon God. We canndt recall too often that true love is in the will, not in the fe~!ings or ~motions. A mother's instinctive and spontaneous feelings and enfotions may draw her to love her child more ir~rensel~, with greater ease, tenderness, and alacrity, than she does God, yet she is ~eady to lose her child rather than offend God seriously. Her love for God is greater and deeper, and influences her soul more p[ofoundly. She loves God objectively and appreciatively more, and intensively and emotionally less. Thihgs of sense appeal more directly and affec-tively than spiritual things do. That in the supreme test, love for God is greater and stronger than any natural love is wonderfully shown in the death of St. Perpetua, martyr. "Neither the tears and oft-repeated prayers of her. aged father, nor the mother-love for the baby boy at her breast, nor the ferocity of her tormentors could move Perpetua from her faith in 3esus Christ." This is brought out, too. by the incidents in the daily lives of the "little people" in Christ's Church' in this living present, so well presented by Father Trese. " 'We've a good pastor,' my.people say --and I am ashamed. Ashamed as I stand beside Katie Connelly at the bed of her just-dead son, and hear her say, 'It's God's will. isn't it, Father?' while she clutches my. hand. Ashamed as I stand beside Ed Fetter at his wife's bier, and hear him say, with three little tykes hanging to his pants-legs, 'If this is what God wants,, we've got to take it, Father.' Ashamed as I ride with the Martins to the Stat~ Hospital where they are taking their son, and hear the mother say, as she bites her lip, 'Well, we've all got to have our cross, Father.' " (Leo Tress, Vessel of Clapt, 24.) Love has various degrees. - In the love of concupiscence there is something of self. I love another because I will get something out of it for myself. This is love of God for my own sake, with selfishness, 203 C. A. HERBST but a very good selfishness. This is the great virtue of hope. Then there is the love of complacency, in which I am glad and rejoice, take pleasure in, another's good, just~ because it ishis good. By it I re-joice in ~the divine perfections~ "Thus approving the good which we see in God, and rejoicing in it, we make the act of l~ve which is called complace-ncy; for we please ourselves in the divine pleasure infinitely more than in our own,' (St. Francis de Sales, Looe of God, V, i). A third and higher'degree of love is~ the love of benevolence, By it we wish another well, want good to come to him. This love we express in the Our Father when we pray: "Hallowed be Thy Name, Thy kingdom ~ome, Thy will be done!" Love consists more in deeds than in words. "If you love me, keep my commandments," Our Lord said (John 14: 15). Every-body knows that "talk is che~p,'° but actions filled with love are purest gold. A fine expression of love is a gift. That is why we give gifts on birthdays and on other joyous occasions. Gifts are the language of love. This is shown most strikingly at Christmas time. It is ~ the . feast of giving, of the Gift. Men give then because God taught them to show love that way. He gave the first Christmas Gift by giving Jesus Christ, His son. "God so loved the world, as to give his only begotten son" (John 3:16). That was Bethlehem. That was Calvary, too. "God so loved the world, as to give his only begotten son." The .lesson ChriSt taught from the crib and from the cross is the same lesson; love in deed, in giving. The soul that loves God cannot miss that. It is convinced that love consists in a mutual exchange of gifts. "What have I done for Christ? What am I doing for Christ? What ought I do for cnrlst. The answer leaps forth: "Take, O Lord, and receive all my liberty, my memory, my understanding~ and my whole will." One gives oneself whole and entire. We cannot do more. But we can do it more solemnly and more specifically, and we have. Religious surrender to God the goods of the world by the vow of poverty. They surrender to .God the goods of the body and of family, life by the vow of chastity. They surrender to God the goods of the soul, especially that most precious thing, their will, by ~he vow of obedience. "Almighty and Eternal God, I vow to Thee perpetual poverty: chastity, and obedience." This is our answer to the divine challenge: "Thou shalt love'the Lord thy God with thy whole heart, and with thy .whole soul, and with all thy strength, and wi'th all thy mind . This do, and thou shalt live." 204 The Moral Code Cat:holic I-lospit:als Gerald Kelly, S.J. SOME years ago there was a colorful basketball official who used to delight (and sometime~ enrage) spectators by his dramatic way of telling players, "You can't do that[" Again and again his whistle would be heard and he would be seen speeding across the floor, an accusing finger' pointed at some offending player, as his piercing voice insisted," "You can't do that!" ¯ For all too many people, I fear, this officialmminus his pleasing dramatics--might represent the Catholic hospital and its moral code. Engraven in the minds of these people is the picture Of a devoted non- Catholic physician bending over his patient in the operating or de-livery room, yearning to do something to save the patient's life, but frustrated in this salutary design by the Church, which, through the Sister superior or supervisor or chaplain, raises its restraining hand 'and says unsympathetically, "You can't do that!" Certainly much of the publicity given to v~arious events that take place in our hos-pitals caters to this impression. For example, a few years ago, in Brownsville, Texas, a physician who had sterilized a woman in defiance of the hospital code was dis-missed from the staff. The incident received nation-wide publicity in the daily'papers; and the correspondent of one widely-read weekly devoted to it considerable space and ev?n more emotion. The Sisters of Mercy had closed the doors of mercy to the doctor whose only purpose was mercy~ Follow-up letters from doctors, including one from the vice-chief'-of-staff of their hospital, favored the Sisters and showed little sympathy for the expelled physician. Other letters, however, showed marked sympathy for the doctor and for his emo-tional reporter. One letter in particular expressed great !mpatience with this.Church which insists on projecting the taboos .(a favorite epithet for commandments, divine and human) of the Dark Ages into the twentieth-century operating and delivery rooms. In this and similar incidents We have examples of the old prob-lem of misunderstanding.' The critics usually do not understand our hospital code. Even Catholics, I think, seldom realize what goes into a code. In fact, many seem to have the impression that a Cath- 205 GERALD KELLY Review fur Religious olic hospital moral code consists in ond supreme principle (which, incidentally, is "best-seller" nonsense at its best) that mothers must die fortheir babies. These people ought ko have more accurate in-formation, and it seems logical that they might expect to get it from religious because the Catholic hospital, is one of the most distinctive and extensive achievements of our religious institutes. The following paragraphs p~ovide at least the minimum essentials for giving correct information. ~ Why a Code? Since.the administrators of Catholic hospitals are men and women whose lives are consecrated to God, they can conscientiously conduct these hospitals only when they have a reasonable assurance that the law of God will be observed in the treatment of the sick. One way of obtaining this assurance is to formulate the pertinent moral prin-ciples and their applications into a code and to have the staff-members guarantee that they will observe this code. The first reason for having a code, therefore, is to satisfy the conscience of the admin-istrators. This is aptly stated in the introduction to the present code of the Catholic Hospital Association: "Catholic hospitals exist to render medical and spiritual care to the sick. The .patient adequately considered, and inclusive of his spiritual status and his claim to the helps of the Catholic religion, is the primary concern of those entrusted with the management of Catholic hospitals. Trustees and administrators of Catholic hos-pitals understand this responsibility tbwards each patient whom they accept, to be seriously binding in conscience. "A partial statement of this basic obligation is contained in the present Code of Ethical and Religious Directives. All who associate themselves with a Catholic hospital, and particularly the members of the medical and nursing staffs, must understand the moral and reli-gious obligations binding on those responsible for the management and operation of the hospital, and must realize that they are allowed to perform only such acts and to carry out only such procedures as will enable the owners and administrators to fulfill their obligations." What was .lust said might be construed as meaning that the sole or primary purpose for having a moral code is to protect administra-tor~ against doctors who might perform illicit opera.tions in their hospitals. This" is not true. Generally speaking, doctors and nurses, both Catholic and to a large extent the non-Catholics, want clear 206 July, 1953 ~ HOSPITAL CODE guidance in the ethical problems of their profession. And they want it because they are conscious of a need. As members of a. profession ithat deals constantly with life and death, with mutilation of the hu-man body, with expensive and sometimes dangerous remedies, they are faced again and again With acute ethical problems. Yet large numbers of them, even among tl~e Catholics, have never had the op-portunity of taking~a course in medical ethics. Others who have had such a course have grown "rusty" and need some convenient way of refreshing their memories. For all of these a moral code, which con-tains concisely-stated principles and practical applications to the field of medicine, satisfies a definite need. Making a Code What have our Catholi~ hospitals done to provide the needed guidance through a moral code? For many years the hospitals of the United States and Canada used a very brief ~ode which was excellent at the time it was formulated but which became more and mor~ in-adequate as the progress of medicine introduced new problems and threw new light on old ones. A new and more complete code was needed, and many dioceses prepared such a cod~ for their own use. It was not until 1947 that work was begun on a revised code for the Catholic Hospital Association of the United States and Canada. The work done by the committee on this revised code may be of interest., The committee first made a careful examinationof all the recently-composed diocesan codes, selected what seemed the best material from them. and arranged this material plus their own contributions in a manner that seemed best for handy reference. When this was done, a preliminary draft of a new code was sent for criticism to a large number of doctors and moralists in various parts of the United States and Canada. The doctors consulted included both Catholics and non-Catholics. They were chosen for eminence in their profession and not for ~hei~'religion. These consultants, doctors and moralists;: submitted criticisms some of them. very detailed---of the prelim-inary formula. The criticisms were carefully weighed by the com-mittee and a new formula was drafted. , This was referred again to the original critics; more suggestions were offered; and the code was finally formulated in a manner that met"with universal apprbval. This code was publ!shed in 1949 by the Catholic Hospital Associa-tion of the United States arid Cahada, and it is used today in most o'f the dioceses of these two countries. Some dioceses which had gone~ 207 GERALD KELLY Review [ur Religious to great trouble to prepak-e their own codes still use these in preference to the revised code of the C~tholic Hospital Association. Two observations are in place here in order to ~0revent misunder-standings. First, there is a question pertinent to revising a code: does this mean that morM principles change, or, as some people would put it, does it mean that the Church has changed its moral ~tandards? Obviously, the revision of a hospital code should have no such im-plications. Moral principles do not change: and, from the stand-point of ~principles, the only'reasons for revising an approved code might be to include some principle not beret0fore included, or to ex-press more clearly and simply one of the principles already included. But the application of moral principles to medicine can change be-cause this application depends on the medical facts, which can change with the progress of.science. For example, there was a time when the only way of successfully treating certain infections was' by surgical operation, but tod~ay many of these infections can be arrested by the use of recently-discovered drugs. A fact like this can be the basis for declaring that an operation which was permissible several years ago because necessary for the patient's welfare is no longer permissible. This is but one example of how the application of principles to con-crete cases can change. The revision of a code is largely concerned with these concrete cases. A second observation concerns ~he fact that different codes are fol-lowed in various dioceses. Does this mean that what is morally good in one place is immoral in another? Again the answer is in the nega-tive. The differences in the codes concern neither the moral prin-ciples nor the licitness of specific operations and treatments. They concern rather the selection and arrangement of materi.al, with per-haps the addition of some purely disciplinary regulation .which may be thought necessary in one place but not in another: for example, on the need of consultation before some operation is allowed. Content of Code .: At this point, if not before, someone might well ask just wh~it, is a code, and what goes into it. I can best answer this question by're-ferring specifically to the revised code of the Cat.holic Hospital As-sociation, which is entitled Ethical and Religious .Directives/~or Cath-oti~ Hospitals. As the title implies, this code contains two sections. The second section contains directives of a religious nature which concern the reception and administration of the ~acraments and the 208 dulg, 1953 HOSPITAL CODE reverent disposal of.amputated members and immature babies. For the most part, this sectibn of the code would directly concern only Catholics or those who wish to become Catholics. The first section contains ethical directives, that is, principles of the natural law with applications to medicine. Since the natural law binds all men, the provisions of this section apply to all patients, doctors, nurses, and other hospital personnel, regardless of their religion. This is really the moral code of our hospitals. My subsequent remarks app.ly to this section. Basic Principles The,baslc moral principles which are ~ formulated and applied in ¯ our ethical directive~ can be reduced to these six: (a) the .need of the / patient's consent; (b) the inviolability of innocent human life: the intrinsic.evil 'of contraceptive practices: (d) the principle~.of the "double effect"; (e) the principle of "liberty" and (f) the principle of "totality." Perhaps a few words about each of these principles will .be informative without being unduly soporific. ~) The patient's consent. Each individual human being has bqth ~the right and the duty to care for his health. When a doctor treats a patient, he is simply exercising the patient's own right of self-preservation for him, and he may not perform even legitimate operations without the consent of the patient.,. This Consent may be' given explicitly, as would be the case if an operation would be ex-plained to the patient and he ~would then agree to it. Or it may.be implicit, as would be the case if the patient asl~ed for a cure, with the understanding that he is.willingto Submit to all the necessary pro-ce. dures, even without .explanation. Or it may be reasonabtg pre-sumed, as is the case when a doctor gives emergency treatment to an unconscious man. Sound morality requires consent in one of these forms and l~oth civil law and medical associations recognize ~his. For infants and others who are incapable of acting rationally, the parents or guardians have the right to give the consent., b) The inviolabilitg of innocent human life. The meaning bf this principle is strongly and clearly explained in a memorable pas-sage of our present Holy Father's Allocution on the moral problems of married life (October 29, 195 I). This.passage Should be f~imiliar, not 0nly to religigus in hospital work, but to educators as well. "Now the.child, ~ven the unborn child," said the Pope, "is a hu-man being, a human being in .the same degree and by ~he same title as 209 ,,It GERALD KELLY Review for Religious is its mother. Moreover, every human being, even the child¯ in its mother's womb, receives its right to life directly from God, not frdm its parents, nor from any human society or authority. Therefore there is no man, no human authority, no science, no 'indication,,' whether medical, eugenical, social, economic/or moral, that can show or give a valid juridical title for a deliberate and direct disposing of an innocent human life, that is to say, for an action which aims at its destruction, whether such destruction be intended as an end or as a means towards some other end which may "itself be in no way illicit. So, for example, to save the life of the mother is a most noble end, but the direct killing of the cl~ild as a means to that end is not law-ful. The direct destruction of the 'so-called 'valueless life,' whether born or unborn, which was practised a few years ago in numerous in-stances, can in no way be justified. And therefore when this i~ractice began the Church formally declared that it is contrary to the natural law and to the positive law of God, and consequently" illicit--even under instruction from the public authority to kill those who, al: though innocent, are nevertheless by reason of some physical or-ps3;- chical taint useless to the nation and even become a burden on the ¯ community. The life of an innocent human being is inviolable, .and any direct assault or. attack on it violates one of those fundamental laws without which it is impossible for human beings to live safely in society. We have no need to teach you the particular significance of this fundamental law and its bearing upon your profession. But do not forget it: above any human law, above any 'indication' whatso-ever, there stands the indefectible law¯ of God." The Pope's words are obviously directed against doctbrs and others who think that in certain situations there are good reasons (they call them "indications") for the direct killing of an unborn child. Against these men he defends the right of the child. But he does not limit his words to the child; he defends all innocent human life. The direct (i.e., the intentional) taking of such life is never permissible. Any procedure which'would result in death for either the mother or the child (or for any other innocent person) can be justi-fied only when the death is an unintended and unavoidable by-product of the procedure. Incidentally, this principle of the inviola-bility of human life also condemns the so-called mercy-~killing (the taking of a patient's life to relieve him of suffering), whether it is done with or without the patient's consent. c) The intrinsic evil of contraception. The Church, especially in 210 July, 1953 HOSPITAL CODE the oi~cial t~aching,of the two last Popes, has'constantly branded artificial birth control as contrary to the law of nature, and therefore intrinsically evil. The most ~adical form of this evil is direct steri-lization, which means the intentional destruction of the procreative power. Doctors have many ways of accomplishing this, and all of of them.are forbidden by our code. .d) The principle oF the "'double effect.'" Students of ethics are familiar with this principle and know that it contains the solution to many of the practical,~problems of life. Conscientious people often use it without knowing it exists. The aviator who bombs an im-portant military target, foreseeing but not desiring the deaths of some civilians, is perhaps unwittingly using this principle. The student who must read a treatise on sex, foreseeing but not wanting tempta-tions against chastity, is using perhaps also unwittingly the p~inciple of the double effect. And all of us. whether we realize it or not, are following this same principle when we perform some good and neces-sary action, realizing that, despite our best intentions, certain others will misunderstand and will be'led to rash judgments and to criti-cism. The deaths of the civilians, the sexual temptations, and the harsh thoughts and criticism, are all simply unavoidable and un-wanted by-products of actions that are good in themselves and of sufficient importance to be performed despite the evil effects that at-company them. The principle of the double effect has many applications in medicine, especially as regards surgical operations on diseased repro-ductive organs with the unavoidable destruction of the procreative power and as regards treatment of a pregnant mother with some un-intentional but unavoidable risk either to herself or to her child. This last point was clearly explained by. Pope Plus XII in his Allodution to the "Family Front" (November 26, 1951): "On purpose," he said, "We have always used the expression "direct attempt on the life of an innocent person,' "direct killing.' Be-cause if, for example,-the saving of the life of the future mother, in-dependently of her pregnant state, should urgently require a surgical act or other therapeutic treatment which would~have as an accessory consequence, in no way desired or intended but inevitable, the death of the fetus, such an act could no longer be called a direct attempt on innocent life. Under these conditions the operation can be licit, like other similar medical interventions, granted always that a good of high worth is concerned, such as life, and that it is not possible to 211 GERALD KELLY Review fur Religious postpone the operation until after the birth of the child, or to 'have recourse to other efficacious remedies." e) The principle of ."libertt.t." Physicians do. not always see eye-to-eye on the value of certain treatments or operations. For ex-a.~ ple, take the much-discussed and too-much-popularized operation called Idbotomy. Thisoperation consists essentially in severing cer-tain fibers in the brain, and its general purpose seems to be to reduce emotional tension and thus help in the cure of some mental illnesses and in relieving otherwise unbearable pain. The sharpest kind of con-troversy exists among reputable physicians as to the good produced by the operation, the risks it involves, the types of patients that might benefit from it, and so forth. And this is but one example of many decidedly controversial questions in the sphere of medicine: Theologians, too, have their differences of opinion; and this is especially true when they are faced with a new problem. "There are pros and cons to many of these problems, and it may take a long time before the issues are sufficiently clarified to have a ffnanimous opinion for either side or until the teaching authority of the Church inter-venes to settle the matter. Sound morality supplies this practical principle that may be fol-lowed in these legitimately debated matters: obligations (i.e., pre-cepts and prohibitions) are not to be imposed unless they are certain. This is what I mean by the principle of "liberty." For the doctor, this means that, with the consent of the patient, he and his consult-ants may follow what they sincerely judge to be the proper medical procedure as long as this procedure is not certainly wrong. I f) The principle of "totality." I have taken this woful from Pope Pius XII, who said in his address on the moral limits of medical research a~ad treatment (September 14, 1952): "By virtue of the principle of totality, by virtue of his right to use the services of his organism as a whole, the patient can allow individual parts to be destroyed or mutilated when and to the extent~necessary for the good of his being as a whole." Obviously, this is an extremely important principle in medi'cal practice. Every time a doctor, acting according to the principles of sound medicine, and with the consent of his pa-tient, removes an eye, a hand, a gall-bladder, etc., he is following this principle of totality. He removes the member, which is a part of the whole, because it has become in some way.a threat to the survival or the well-being of the whole. 212 Jul~, 1953 HOSPITAL CODE Conclusion The foregoing are. the main, if not the only, principle~ that form the core of an~] sound medico-moral code. Perhaps I have giventhem too much space: yet it seems to me that one really appreciates our hos-pital codes only when he sees these basic principles grouped together and briefly explained. It may be taken for granted that an~ doctor who conscientiously follows these principles will act, not ~nly ac-cording to sound morality, but also according to sound medicine. Earlier in this article I suggested that in the minds of many people the supreme moral principle of Catholic hospitals seems to be that mothers must die for their babies. This, as I said, is best-seller non-sense at its best, and perhaps I should have said at its worst. Implicit in this attitude is the idea that in a critical situation a Catholic mother must always prefer her baby's life to her own. The idea is erroneous. Obviously, no mother may allow the direct taking of her life in order to save her baby, because, as Plus XlI declared, the direct destruction of any innocent life is morally wrong. And even a~ regards the risking of her life, e.g., by submitting to a dangerous operation, for thd sake of her baby, we must be very careful about making universal state-ments. We would have to consider many concrete factors before we could decide whether such a risk is obligatory or even permissible. Closely related to this erroneous notion that in our hospitals mothers must die for their babies is the idea that, since Catholic hos-pitals do not permit thereapeutic abortion (a "gentle" expression for the practice of killing babies to "save" mothers), they lose more mothers than do other hospitals. Not only is there no statistical basis for this, but what statistics we have indicate the very opposite. /~or example, two Boston doctors, Roy J. Heffernan and William "A. Lynch, recently obtained information about maternal deaths from 171 hospitals in various paris of our country. This information covers a period of eleven years, 1940-1950. In these hospitals, during this long period, there were more than ~hree million deliveries, about evenly di~iided, between hospitals that permit therapeutic abortions and hospitals that exclude this practice. The maternal death rate in the hospitals that do not allow therapeutic abortions was .87 .per thousand deli~ceries, whereas in the hospitals that do allow therapeu-tic abortion the maternal death rate was .98 per .thousand deliverles. According to these and similar statistics', the keeping of God's law saves not only babies but their mothers, as well. This is a too-littld-known aspect of the apostolate of Catholic hospitals. 213 .ues!: ons and AnSwers ~18m What can be done to counteract some Iong-sfandincj practlce, s en-gaged in during time of retreat by Sister-retreatants, for example, re-hearslng daily for one or two hours the Mass and hymns to be used ,for the reception ceremony; embroidering and crocheting between conferences2 The Sisters who participate in these works find that it interferes with thei~ recollection. ¯ Some work ab.out the house, some choir practice, and other little jobs (like needlework) would not seem to interfere ,too much with retreat recollection if indulged in only for about aft hour or so a day. That would still allow the retreatants a fair amount of time for un-disturbed private reflection an~l personal duties. If, however, the re-treat schedule were already extraordinarily crowded (which is usually not the case), there might be little time left for such tasks as indi-cated in our question. In any case, it is important that retreatants h~ve a fair amount of leisure time for private reflection, for jotting down. spirittlal "lights," for additional rest, and the like. ml9m At times it is necessary to post items pertinent to religious' in various departments of an establishment in regard to keeping rooms in order, having greater care of furniture, and the like. Would it not further a bet-ter ~om;nunity spirit if such directions were posted in the community room rather than on the doors of the different departments where outsiders may read them and make comments? Yes, it would be better to post items of a personal or private na-ture, whether they pertain to the community as a whole or to indi-vidual members of the community, in some place reserved to the reli-gious family .in preference to other more or less public places. Thus criticism might be lessened. It is possible, :though, that sometimes superiors ihtend such notices not merely nor primarily for religious who are in charge of or are working in a department, but especially for the outside help. Then such notices would be posted where those for whom they a~e intended would see them. In these cases, however, care should be taken that the wording of the notice does not occasion criticism of the religious. 214 QUESTIONS AND ANSWERS In a religious congregation (in which simple vows are taken) may a ~ell-glous who is subiect fo a provincial superior have a right of appeal to the superior general when the religlous wants a farad or extra permission? To begin with, religious have the right of communicating with higher superio.rs: such correspondence is sealed. Religidus could. therefore, ask for various permissions from higher superiors. Some extraordinary permissions are usually asked of higher superiors ra~ber than of the immediate superior. Ordinary permissions, however, as a general rule are to be sought from the immediate superior. If that superior refuses the permission, one should not request the same per-mission from a higher superior without informing him that the per-mission was refused by the lower superior." Good government dic-tates that procedure, as ~ell as courtesy ahd possibly the rules of the institute. Before asking for any extra permissions or "favors," religious should remember .that superiors are to help their subjects observe common life; hence superior~ may not readily grant extra permission.s to a subject unless the Circumstances of the case warrant it. Likewise superiors must then be willing, and able, to grant the same permission to any other, subject in the same circuhastances. Subjects should try to lighten° the superior's burden' of of~ce by not requesting permis-sions which superiors should not grant either because they are not consonant with religious life, or because they would violate or harm common life, or because of some other good reason. Besides being a violation of common life, "favoritism" in a community is always odious. The cause of our Venerable Founder has been in progress at Rome for thirty years. In order to help Stimulate popular devotion to our Founderu particularly among ou~ students and their parents--our Order is in the habit of prlntlng, from time to time pictures and devotional pamphlets about him. Up to now. printed matter of that type only bore the nlhll obsfaf of the ordinary of the diocese where our motherhouse is located. It was brough~t to our attention lately that we need the approbation of the Holy See ~or an~ printed material about our Fo, under who has been de-clared Venerable. Is that observation correct? Canon 1387, of the, Code of Canon Law states that what per-tains in any way to the causes of beatification and canonization of 215. QUESTIONS ~ND ~NSWERS Servants of God may not be published without the permission of the Sacred Congregation of Rites. @his restriction applies only~to causes which are pending before the Sacred. Congregation; not to those which are finished (person b~s been canonized), or are pending be-fore some other body "than the Sacred'Congregation of Rites. During the time permission must be obtained from the Sacred Congregation, no further permission of the local ordinary is necessary for publica-tion of matter approved by the Sacred Congregation. The Codex pro Postulatoribus Causarum Beatiffcationis et Can-onizationis i4th edition, 1929, page 26, nos. 21 and 22) repeats the abo~ce and includes pictures (imagines) under the provision of can-on 1387. Several author~ who comment on canon. 1387 say that it seems to refer only t6 documents and. acts connected with the prosecution of th~ cause, such as summaries and proofs proposed for furthering the cause, opinions of consultors; comments of. the prornotor tidei, and the like. These authors rely on a Monitum of the Sacred Congrega-tion of Rites of February 12, 1909, which required previous' permis-sion of the Sacred Congregation for the publication of accounts,of the llfe, virtues, and "wonders" of Servants of God. Consequently it seems probable that the devotional pamphlets and pictures mentioned in our question need not be submitted to the Sacred Congregation for approval. m22-., Postulants are being sent out to the missions to hel'p with the teaching in schools*. They return to the motherhouse fop the week-ends. Are supe-riors justified in extending the postulancy for,three or four months, because the number of novices to be 'professed is not sufficient to fill the places of Fhe postulants? The Normae of 1901 (which have been used as a model for the constitgtions of rehgzous ,congregations) allowed a period of pos-tulancy ranging between gik--and twelve months. They permitted the superior general f~ a ~just cause to prolong the postulancy up to three additional months i~ particular cases (n. 65). A just cause was considered to exist if superiors remained uncertain about the vocation of the candidate, about his qualifications Or defects, or about his ad, justment to the life of the institute. ¯ The Code of Canon Law speaks of a postulancy of at least six entire months which must. be made by all women in religious insti- 216 QUESTIONS AND ANSWERS tutes with perpetual vows and by the lay brothers in the.institutes of men. It permits the major superior ,to prolong the postulancy, but not beyond another six months (canon 539). This may be done in particular cases. The purpose of the prolongation is again to allow superiors more time to size up the applicant's vocation and more pre-cisely. his aptitude or fitnes~ for their religious institute. In the light of the above, it is rather difficult to see how superiors wbuld be justified in extending the postulancy for three or four months in the case under consideration. It might be well to add that the Apostolic Delegate has special .faculties to shorten or prolong the postulancy pre~scribed by the Code of Canon Law. Relatives of a relig;ous send money to a mutual friend with the under-standing that the religious will let that friend knowwhat he wants the friend to buy for him on the occasion of his blrfhday, Christmas, Easter, and the like. Is such procedure in keeping with poverty, or would the religious be considered as having a reserved fund of money? In the final .analysis the practice outlined' in the question reduces itself to a private fund of money at the disposal of the religious, a form of peculium generally contrary t~o the poverty professed by most. religious institutes, At best, this is contrary to cohamon life and the spirit of povert, y. A religious who countenanced such a practice could very well profit from reading Father Gallen's excellent article on "The Spirit of Poverty'" (REVIEW FOR RELIGIOUS, VIII .[1949], 35-43), not to me.ntion various other articles on common life arid the vow of poverty. As a practical solution, the religious could advise his relatives, who wish to give him a present, to send the money.to 'him rather than to the mutual friend. It would be understood that the reli-gious will turn in the money to his superiors to be added to the com-munity funds; then, when the religious needs something, the superior will provide it from the community funds. In that way both the vow and the spirit of poverty, as well as commott life, will be safe-guarded. A Sister acts as organist for the children's choir and for the adult choir during Mass and other services. Does canon law forbid this? A similar questi6n about a Sister organist was answered in the 217 Review ?or Religious BOOK REVIEWS pages of this REVIEW, VIII (1949), 325. Attention was called to possible diocesan regulations on the matter, even though the Code of Canon Law says nothing about it. In genera~ it seems that there would riot be much objection to a Sister acting as organist for a chil-dren's choir. In case of reai need this might also be stretched to in-clude an adult Choir of women only. But for a mixed adult choir:. "In practice,no Sister should undertake to play the organ for amixed choir of men and women without the express permission of the local ordinary and of her ownhigher superior" ibid.). / Book Reviews .~IRACLES. By Jean Hell~. Translated by Lancelot CL Sheppard. Pp. v~ -h. 288. David McKa¥ (~omp~ny, Inc., New York, 1952. $3.~0. This work is not a philosophical or tbeo16gical treatise on mir-acle. s. Rather, by a fairly detailed historical presentation of selec.ted cases, it is designed to give the reader a fairly general knowledge of, them. It is "a synthesis, or more modestly perhaps, an attempt at a synthesis" (p. 14). The whole story is built around persons, and l~eferably persons Who are not very remote from us in time. The language is not technical, but adapted to all intelligent readers. ,, The first chapter is an account of "miracles of humility": it: pre-sents the "stories of the Cur{ .of ~Ars and of Bernadette Soubi~ous; Then there follows, "Fatima, or the Age of Mary." Therese Neu-mann does not measure up to the author's standards and require-ments. But--surprisingly enough--"Catberine Emmerich, 'Narra, tot' of .the Gospels" and her writir~gs touched up by Clement Bren-tano meet with his full approval. The apparitions at Beauraing, BelgiUm, 1932-1933, are judged t6 be "childish fiction.'" Neverthe~ less' this is one of the few among recent cases that have received epis-copal approbatton. A particularly interesting feature of th~s book is the final chapter: "imitators and Fakers of Miracles." By contrast it serves especially well to bring out the great differences that obtain be-tween, genuine supernatural signs and others that are ~fraudulent, and how the pretended marvelous can be detected and distinguished from whaTt his~ a wuthhoelnet iwc.ork emphasizes the prudent reserve and critical spirb of the Church toward whatever is proposed as surpassing the limiv 218 duly, 1953 BOOK REVIEWS of nature, and tends to,bring about in the mind of the reader a simi-lar wise attitude.---AUGUSTINE G. ELLARD. ., A LIFE OF CHRIST. By Aloys Dirksen, C.PP.S. Dryden Press, New York, 1952. Pp. 340. $3.75. This book is unique in two respects: first, it has the '.'split-p~ge format." that is to say, in the upper part we find the Confraternity text of' the Gospels, and entirely separated from this section, a com-mentary on the Gospel text. One can turn the pages of the upper section without disturbing those below. Secondly, the Commentary and its Introduction are models of intelligent compression. Eight introd_uctory chapters furnish,,~i background for a better understanding of the actual commentary. These include a brief dis-cussion of the sources for a life of Christ, an outline of the geography of Palestine, a survey of the l~revious history of the Jews. the politi-cal and social conditions and prevalent religious beliefs of the period when our Lord was onearth. Such a comprehensive introduction can treat these matters only in barest outline, and if a few inaccuracies have crept in, this can readily be excused. The commentary, too, is suggestive rather thar~ exhaustive: but it is usually very much to the point. The ordinary reader will find there what he wants to know about the Gospel text he is reading. At the end of the commentary, by way of appendix, is a list of messi-anic prophecies found in the-Old Testainent. and of the Old Testa-ment quotations found in the four Gospels. Since the author uses many tec
The Situation In The Middle East ; United Nations S/PV.8228 Security Council Seventy-third year 8228th meeting Tuesday, 10 April 2018, 3 p.m. New York Provisional President: Mr. Meza-Cuadra . (Peru) Members: Bolivia (Plurinational State of). . Mr. Llorentty Solíz China. . Mr. Wu Haitao Côte d'Ivoire. . Mr. Tanoh-Boutchoue Equatorial Guinea. . Mr. Ndong Mba Ethiopia. . Mr. Alemu France. . Mr. Delattre Kazakhstan. . Mr. Tumysh/Mr. Umarov Kuwait. . Mr. Alotaibi Netherlands. . Mr. Van Oosterom Poland. . Mr. Radomski Russian Federation. . Mr. Nebenzia Sweden . Mr. Skoog United Kingdom of Great Britain and Northern Ireland . Ms. Pierce United States of America. . Mrs. Haley Agenda The situation in the Middle East This record contains the text of speeches delivered in English and of the translation of speeches delivered in other languages. The final text will be printed in the Official Records of the Security Council. Corrections should be submitted to the original languages only. They should be incorporated in a copy of the record and sent under the signature of a member of the delegation concerned to the Chief of the Verbatim Reporting Service, room U-0506 (verbatimrecords@un.org). Corrected records will be reissued electronically on the Official Document System of the United Nations (http://documents.un.org). 18-10187 (E) *1810187* S/PV.8228 The situation in the Middle East 10/04/2018 2/21 18-10187 The meeting was called to order at 3.20 p.m. Adoption of the agenda The agenda was adopted. The situation in the Middle East The President (spoke in Spanish): In accordance with rule 37 of the Council's provisional rules of procedure, I invite the representatives of Canada, the Syrian Arab Republic and Turkey to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. Members of the Council have before them document S/2018/175, S/2018/321 and S/2018/322, which contain the texts of three draft resolutions, respectively. The Council is ready to proceed to the vote on the draft resolution contained in document S/2018/321, submitted by Canada, France, the Netherlands, Peru, Poland, Sweden, Turkey, the United Kingdom of Great Britain and Northern Ireland, and the United States of America. I now give the floor to those members of the Council who wish to make statements before the voting. Mr. Delattre (France) (spoke in French): For years, as part of its responsibilities for maintaining international peace and security, the Security Council has been mobilized on the issue of chemical weapons. After the chemical attacks in Ghouta in 2013, the Security Council adopted resolution 2118 (2013), which provided for the complete dismantling of the chemical arsenal of the Syrian regime. Russia, as co-sponsor of that resolution, had guaranteed its implementation. Despite that guarantee, the Damascus regime has never complied with its obligations under resolution 2118 (2013) and has never renounced — as we saw again on 7 April — the use of chemical weapons against its civilian population. Five years after the Council's adoption of resolution 2118 (2013), we note that the general subject of chemical weapons remains tragically topical. The upcoming voting marks our fourth meeting in less than a week on this issue. Yesterday we met in an emergency meeting (see S/PV.8225) following a new chemical-weapons massacre in Douma, Syria, whose appalling images left us shocked. Last month we met to discuss the unacceptable attack in Salisbury (see S/PV.8203). Last year we met day after day after the terrible attack of Khan Shaykhun. That shows the deterioration of the situation and how serious the stakes are today for our security. The use of chemical weapons is so abominable that it has been banned for almost 100 years, and the international community began years ago to eliminate them. As such, the chemical non-proliferation regime, which we have patiently developed and strengthened, is one of the pillars of our collective security architecture, at the heart of our security system. Yet today it is under serious threat. We face the cynical, barbaric and all-out use of chemical weapons against civilian populations. The Douma attacks once again illustrated the abject brutality of the Syrian regime's resolute military strategy. Such acts constitute war crimes or even crimes against humanity. They increase the risk of dangerous normalization — tolerating the return of these agents of fear and death is nothing more than a blank cheque to all those who would like to use them. To allow the normalization of the use of chemical weapons without responding is to let the genie of the proliferation of weapons of mass destruction — which pose an existential threat to us all — out of the bottle. It would mark a serious and reprehensible setback to the international order that we have all patiently helped to develop. The consequences would be terrible, and we would all pay the price. That is why we cannot accept it. France will do all it can to prevent impunity for the use of chemical weapons. It is in that spirit that we launched an international partnership last January. The demise of the Organization for the Prohibition of Chemical Weapons (OPCW)-United Nations Joint Investigative Mechanism in November, due to the Russian veto to protect Al-Assad's regime, sent a dangerous signal of impunity. It deprived us of an essential deterrent tool. It left a vacuum that the Syrian regime has rushed to exploit, and which yesterday's atrocities have tragically reminded us of. The American initiative to re-establish an independent mechanism, based on a balanced approach and taking into account the concerns expressed by every member of the Council, enables us to fill that glaring void. Such a mechanism would support the inquiry that has already been launched by the OPCW. It would also respect the essential criteria of independence, 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 3/21 without any interference, and impartiality to which each member of the Council has committed. Such a mechanism would have a mandate to attribute responsibility for the attacks. Only the combination of those two criteria — independence and a mandate to attribute responsibility — will make that mechanism effective, and therefore dissuasive. Let me be clear: in view of the gravity of the 7 April attack, France will not accept any third-rate or sham mechanism whose independence and impartiality would not be genuinely ensured. That is what the Security Council owes today to the Syrian victims of chemical attacks and to the entire international community, whose security is threatened by the chemicals in the hands of the regime of Bashar Al-Assad. Since the threat is of an existential nature for us all, combating the proliferation of weapons of mass destruction must, more than ever, be among the top priorities of the Security Council. If there is one area in which the Council has a moral and political responsibility to convene and act, it is this one. If there is one domain for which the credibility of the Council is at stake, where tactical games have no place, it is this one. This is one of those moments when we have no choice but to act because what is at stake is essential. We cannot allow the chemical non-proliferation regime, and with it our entire security architecture — along with the principles and values that underpin our action — to crack and disintegrate before our very eyes. Today's vote is one of those key moments, one of those moments of truth. On behalf of France, I therefore call on each member of the Council to properly gauge and assume its responsibilities now and to vote in favour of the American draft resolution (S/2018/321). Mrs. Haley (United States of America): We have reached a decisive moment as the Security Council. On Saturday the first haunting images appeared from Douma, in Syria. We gathered around this table yesterday (see S/PV.8225) to express our collective outrage. We then collectively agreed that the Council needed to take steps to determine exactly what happened in Douma and to put an end to these barbaric attacks. The United States has put forward a draft resolution (S/2018/321) that accomplishes those shared goals. For weeks we have been working with every single delegation on the Council to develop a new attribution mechanism for chemical-weapons attacks in Syria. We held open and transparent negotiations so that every delegation could provide its input. And we went the extra mile for one Council member. We adopted paragraph after paragraph of Russia's proposed draft resolution (S/2018/175). We tried to take every Russian proposal that did not compromise the impartiality, independence or professionalism of a new attribution mechanism. After the Douma attack, we updated our draft resolution with common sense changes. Our proposal condemns the attack. It demands unhindered humanitarian access for the people in Douma. It calls on the parties to give maximum cooperation to the investigation. And it creates the attribution mechanism that we worked so hard with each member to develop. The draft resolution is the bare minimum that the Council can do to respond to the attack. The United States did everything possible to work towards Council unity on this text. Again, we accepted every recommendation that did not compromise the impartiality and independence of the proposed attribution mechanism. I want to say a brief word about Russia's draft resolution, which is also before us for a vote. Our draft resolutions are similar, but there are important differences. The key point is that our draft resolution guarantees that any investigations will truly be independent. Russia's draft resolution gives Russia itself the chance to choose the investigators and then to assess the outcome. There is nothing independent about that. The United States is not asking to choose the investigators, and neither should Russia. The United States is not asking to review the findings of any investigation before they are final, and neither should Russia. All of us say that we want an independent investigation. Our draft resolution achieves that goal. Russia's does not. This is not an issue that more time or more consultations could have resolved. At a certain point, you are either for an independent and impartial investigation or you are not. And now that the Douma attack has happened, this is not a decision that we can delay any longer. The United States calls on all Security Council members to vote in favour of our draft resolution and to abstain or vote against the Russian draft resolution. The Syrian people are counting on us. Mr. Nebenzia (Russian Federation) (spoke in Russian): Today the delegation of the United States is once again trying to mislead the international S/PV.8228 The situation in the Middle East 10/04/2018 4/21 18-10187 community and is taking yet another step towards confrontation by putting to a vote a draft resolution (S/2018/321) that does not enjoy the unanimous support of the members of the Security Council. It is not true that it meets almost all our requirements. The text is nothing more than an attempt to resurrect, unchanged, the former Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism (JIM), established to investigate cases of the use of chemical weapons in Syria. Russia has always emphasized that it will not support that approach. The JIM became a puppet in the hands of anti-Damascus forces, and it covered itself with shame when it issued a guilty verdict for a sovereign State without credible evidence. The American draft resolution represents an identical reproduction of all of the former Mechanism's flawed working methods. The new mechanism would conduct investigations as it sees fit, with no reference to the standards of the Chemical Weapons Convention. That has nothing to do with independence, which the draft resolution's sponsors and its closest allies only pretend to care about. We know the worth of such independence. It is true anarchy and manipulation. At every stage of our work on the American initiative we have insisted that the Secretary-General should select the staff for the investigative mechanism on the basis of the broadest possible geographic representation, with subsequent approval by the Security Council. Visits to the sites of the incidents and strict adherence to the principle of sequential actions while ensuring the preservation of the material evidence should be not optional but mandatory working principles. In a collective decision, the Security Council would determine who was responsible in any given case of the use of chemical weapons, based on reliable evidence that would leave no room for doubt about the correctness of the conclusions. There is nothing about this in the American draft resolution. The authors know that it goes against the Russian position and will not be adopted. But they are obstinately sticking to their line. It is clear that today's provocative step has nothing to do with a desire to investigate what happened in Douma, Syria, on 7 April. An attributive mechanism is not necessary in order to initially establish the facts. Even if we could conceive of the improbable scenario in which the draft resolution creating the mechanism was adopted today, it would take several months to put the mechanism together and fine-tune its operations. Establishing who is to blame is the final link in a very long chain of actions. Here, in front of everyone, I would once again like to ask the sponsors why they need the mechanism when they have already identified the guilty parties before the investigation. They do not need it. They do not want to hear anything. They do not want to hear that no traces of a chemical attack were found in Douma. They have simply been looking for an excuse the whole time, and the provocateurs among the White Helmets have very kindly provided it. This is all reminiscent of a kind of spring fever. Exactly a year ago, in April 2017, a similar scenario unrolled with the chemical provocation in Khan Shaykhun, followed by a missile strike. The fact is that the authors of the draft resolution are motivated by completely different priorities. They have pinned their hopes on the assumption that the draft resolution will not be adopted. That is what they want, and it is something that they can bank along with the rest of their reasons justifying the use of force against Syria. For several days now, the Administration in Washington, D.C., has been keeping the international community in suspense while discussing the so-called important decisions being prepared. Only yesterday we heard how anxiously Special Envoy Staffan de Mistura spoke about the current escalation extending beyond Syria's borders (see S/PV.8225), and we know that the Secretary-General is also very concerned about that. It is clear that Russia will once again be the target of the propaganda cannons. My American colleague will painstakingly enumerate the Russian vetoes on Syria. It is not impossible that she has taken upon herself a capitalist commitment to using the reckless policies of the United States to achieve some sort of personal record in that regard. We are using the veto to protect international law, peace and security and to ensure that the United States does not to drag the Security Council into its misadventures. The United States representative says that we are covering up for someone. Russia is in Syria at the invitation of its lawful Government in order to combat international terrorism, in accordance with the Charter of the United Nations, while the United States is covering up for militias and terrorists. If the United States has decided to carry out an illegal military venture — and we still hope that it will think better of it — it must answer for that itself. It wants to dump this draft resolution, which has been sitting on the shelf for a long time, onto the Security Council in order to find a pretext. The United States representative 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 5/21 herself has said repeatedly that if the Council does not make a decision, the United States will make a decision on its own. Why is the suta purposely undermining the Council's authority by promoting a draft resolution that we know will not go through? And a lot of people said that yesterday during consultations. We urge the Americans to give sober consideration to the potential this presents for confrontation, to think better of it and to withdraw its draft resolution from a vote. Russia cannot support it. The President (spoke in Spanish): I shall first put to the vote the draft resolution contained in document S/2018/321, submitted by Canada, France, the Netherlands, Peru, Poland, Sweden, Turkey, the United Kingdom of Great Britain and Northern Ireland and the United States of America. A vote was taken by show of hands. In favour: Côte d'Ivoire, Equatorial Guinea, Ethiopia, France, Kazakhstan, Kuwait, Netherlands, Peru, Poland, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America Against: Bolivia (Plurinational State of), Russian Federation Abstaining: China The President (spoke in Spanish): The draft resolution received 12 votes in favour, 2 against and 1 abstention. The draft resolution has not been adopted, owing to the negative vote of a permanent member of the Council. I shall now give the floor to those members of the Council who wish to make statements following the voting. Ms. Pierce (United Kingdom): This is a sad day for the Security Council; it is a sad day for the cause of universal norms and standards; and it is a sad day for the non-proliferation regime. But, above all, it is a very sad day for the people of Douma, who now are without the protection that the international system was set up to provide for them. This is the fourth time in six days that the Council has discussed chemical weapons. Yesterday 14 members of the Security Council called for an investigation. Several members called on the permanent five (P-5) to assume their responsibilities to uphold the universal prohibition on weapons of mass destruction (WMD). As a P-5 member, the United Kingdom was ready to do that and was joined by France and the United States. Conversely, by vetoing, Russia has crossed a line in the international order, and worse, if possible, history is repeating itself one year on from Khan Shaykun. Russia helped to create the original independent investigation that attributed Khan Shaykun to the Syrian regime and concluded that sarin, which can be developed only by a State actor, had been used. But last autumn, Russia vetoed renewal of that mechanism on not one but three occasions. The reason is clear: it is because Russia would rather cross the WMD line than risk sanction of its ally Syria. Instead, we are asked to believe that the Russian version of this latest attack should be the one that the Security Council believes. Russia is not authorized by the Security Council to carry out an investigation in Syria. Russia says that there were no traces of a chemical attack. No traces were found by whom? I repeat: Russia is not authorized to carry out an investigation on behalf of the Security Council. We need an independent investigative mechanism for that purpose, and only that sort of mechanism can have the confidence of the Security Council, the confidence of the membership of the United Nations and the confidence of the people of Syria. Sadly, reports of chemical-weapon attacks in Syria have continued since the original Russian veto, in November. It has become very clear that Russia will do what it takes to protect Syria, whatever the compelling evidence of the crimes committed, and to shut down further investigation and discussion of those crimes. This has come at the cost of Russia's own obligations and credibility as a permanent member of the Council, as a State party to the Chemical Weapons Convention and as a declared and supposed supporter of peace in Syria. The Security Council has been unable to act solely because Russia has abused the power of veto to protect Syria from international scrutiny for the use of chemical weapons against the Syrian people. Even today open-source investigations have located a chlorine cylinder, the same kind that the Joint Investigative Mechanism has found that the Syrian regime used, atop a house in Douma full of people who had clearly died from respiratory problems. S/PV.8228 The situation in the Middle East 10/04/2018 6/21 18-10187 I frankly doubt that in 48 hours Russia has verified all similar reports and can conclude that they are all fake. They are not fake; they need to be looked at and investigated by a proper independent mechanism such as the Council was prepared today to pass. Russia's credibility as a member of the Council is now in question. We will not stand idly by and watch Russia continue to undermine the global norms that have ensured the security of all of us, including Russia, for decades. As a P-5 member, the United Kingdom will stand up for international peace and security; it is our moral duty. It is a matter of shame that Russia has once again blocked a draft resolution. The Russian Ambassador mentioned that it was not a question of counting the number of Russian vetoes. I beg to differ. To quote Lenin, quantity has a quality all of its own. Russia's actions today are a step against the rules and authority of the Security Council and the wider United Nations. They are a step against international peace and security and non-proliferation, and they are a step against humanity. Mr. Wu Haitao (China) (spoke in Chinese): China is deeply concerned at reports that the use of chemical weapons has caused civilian deaths and casualties in Syria. We are firmly opposed to the use of chemical weapons by any country, organization or individual, under any circumstances. This has been China's clear and consistent position. China supports the carrying out of a comprehensive, objective and impartial investigation into the use of chemical weapons in Syria so as to achieve results that are based on substantial evidence and can pass the litmus test of history and truth, bringing the perpetrators and the parties responsible for the use of chemical weapons to justice. There should be no prejudgment of the outcome or arbitrary conclusions. The Security Council has a consensus on condemning the chemical-weapons attacks in Syria, establishing a new investigative mechanism and identifying the perpetrators of the chemical-weapon attack in Syria. All members of the Security Council should remain united and insist that the Council and the Organization for the Prohibition of Chemical Weapons be the main channel for dealing with the Syrian chemical-weapon issue, in an effort to seek an appropriate solution through consultations. The draft resolution that was just put to the vote in the Security Council (S/2018/321) had elements of consensus, including condemning the chemical-weapons attacks in Syria, establishing a new investigative mechanism and urging all parties to cooperate with the investigation. However, on some specific measures, it does not take full consideration of some of the major concerns of certain Security Council members on improving the mechanism's working methods and ensuring an objective and impartial investigation. Against that backdrop and in the light of our long-standing position on the question of chemical weapons in Syria, China abstained in the voting on the draft resolution. The issue of Syria is currently at a critical juncture. China remains firmly seized of the situation and is deeply concerned at the developments on the ground. China has always called for respecting the sovereignty, independence, unity and territorial integrity of Syria and insists on seeking a peaceful solution to the dispute. We oppose the use or threat of force in international relations and believe that any action taken should be in accordance with the Charter of the United Nations. The international community and all parties concerned should stand firm on the imperative need to seek a political solution to the question of Syria, step up their support for the United Nations main channel of mediation, and push for all Syrian parties to seek a Syrian-led and Syrian-owned political solution to the question of Syria, in accordance with resolution 2254 (2015). China is ready to work with all parties in an effort to push for a political solution to the issue of Syria. Mr. Tanoh-Boutchoue (Côte d'Ivoire) (spoke in French): My delegation voted in favour of the draft resolution initiated by the United States (S/2018/321) for two main reasons. With regard to the first reason, Côte d'Ivoire believes that the draft resolution conforms to our firm belief that any and all use of chemical weapons in wartime as in peacetime must be condemned and requires investigation to determine those responsible for such acts to hold them accountable. In that regard, the draft resolution submitted by the United States clearly conveys the resolve of the international community to see perpetrators of chemical attacks identified and prosecuted so that they are accountable for their acts. Concerning the second reason, Côte d'Ivoire believes that the text of the draft resolution provides 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 7/21 guarantees with regard to the credibility of the outcome of investigations. The text insulates such investigations from any political influence and clears a path for the experts' professionalism and independence and the impartiality of the mechanism itself. By voting in favour of the draft resolution, the Ivorian delegation wanted to show its solidarity with Syrian victims who are suffering from the consequences of an endless war and to help meaningfully safeguard international peace and security. Sadly, my delegation notes that divisiveness within the Security Council prevented the adoption of the American draft resolution, which Côte d'Ivoire painfully regrets. It is time that efforts be made to unify the Council if we want truly to work to achieve international peace and security. Mr. Radomski (Poland): The use of chemical weapons is a serious atrocity, which may amount to a crime against humanity and a war crime. Accountability for such acts is a requirement under international law — and central to achieving sustainable peace in Syria. Draft resolution S/2018/321, presented by the United States, addressed the most pressing needs related to the use of chemical weapons in Syria, including the role of the Organization for the Prohibition of Chemical Weapons and its Fact-finding Mission, securing humanitarian access and, last but not least, creating a new, truly independent and impartial accountability mechanism. We thank the American delegation for its ongoing leadership in the negotiations. We appreciate its flexibility and fully understand and share the rationale behind putting this text to the vote today. Because of the use of the veto by the Russian Federation, the Security Council failed once again today to establish an accountability mechanism. By that act, Russia undermined the ability of the Council to fulfil its primary responsibility under the Charter of the United Nations: to maintain international peace and security. We are disappointed that, for some States, political alliances and calculations proved to be more important than the need to end the horrors confronting the civilian population and the unacceptable loss of human life in Syria. Poland supports the Independent International Commission of Inquiry on the Syrian Arab Republic, the Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011, the International Partnership against Impunity for the Use of Chemical Weapons, and other instruments that might facilitate bringing the perpetrators of chemical attacks to justice. We will join all genuine efforts to achieve that goal. Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): Bolivia reiterates in the strongest terms its categorical condemnation of the use of chemical weapons and the weaponization of chemical agents as an unjustifiable and criminal act, wherever, whenever and by whomever they are committed, as such use constitutes a serious crime under international law and a threat to international peace and security. There is no justification for their use regardless of the circumstances and of who uses them. We therefore reaffirm the need to maintain the unity of the Security Council so as to ensure that those who have used chemical weapons are held accountable and brought to justice so that their actions do not go unpunished. In that regard, we reiterate our support for the work being carried out by the Organization for the Prohibition of Chemical Weapons and its Fact-finding Mission so that, in line with their mandates, they can carry out the work entrusted to them in the most methodical, technical and trustworthy manner possible with the support of an independent, impartial, complete and conclusive investigation. We firmly reiterate that the work of an investigative mechanism is essential to ensuring accountability for such terrible acts. To that end, it must be independent, impartial and representative so that a transparent, impartial, complete, reliable and conclusive investigation can be carried out, and, for that to happen, we face the great challenge and the responsibility of not politicizing or instrumentalizing the Security Council. My delegation voted against the draft resolution (S/2018/321) presented by the United States of America, first of all, because we regret that once again a draft resolution was put to the vote with the knowledge that it would not be adopted by the Security Council, and, moreover, because there has already been a series of threats of the use of force accompanied by threats of unilateral action, which, of course, runs directly counter to the Charter of the United Nations. Bolivia once again makes clear its firm rejection of taking unilateral actions, because any unilateral military action that does not enjoy the approval of the Security Council is entirely illegal and contravenes the principles explicitly set forth in the Charter. In addition, any unilateral S/PV.8228 The situation in the Middle East 10/04/2018 8/21 18-10187 military action would violate the sovereignty and territorial integrity of the Arab Republic of Syria, and would affect the stability of the political process and the agreements on which progress has been made under the auspices of the United Nations. Mr. Van Oosterom (Netherlands): In my statement yesterday (see S/PV.8225) I urged the Security Council not to stand idly by and watch as a spectator while chemical weapons were being used in Syria. In our opinion, the Council should act, condemn, protect, and hold to account those responsible. Those elements are all reflected in draft resolution (S/2018/321) put forward by the United States, and that is why the Kingdom of the Netherlands voted in favour of that draft resolution. We thank the United States delegation for drafting the text. We appreciate the earlier rounds of negotiations and the flexibility displayed at yesterday's late-night round. Together with others, we are extremely disappointed that an attempt to set up an effective mechanism of attribution on the use of chemical weapons has failed once again. Today we witnessed the twelfth overall Russian use of the veto concerning Syria, including six pertaining to chemical weapons. As I said yesterday, if the Russian representative claims that the chemical-weapons attack in Syria is a fabrication, he should not veto the draft resolution. By vetoing this draft resolution, the Russian Federation assumes a heavy responsibility for continued impunity and the horrible use of chemical weapons in Syria. Because of this permanent member, the Council is not even able to condemn the use of chemical-weapons attacks this past weekend in Douma, during which the White Helmets once again demonstrated their unwavering commitment to their life-saving work in the most difficult circumstances. With regard to the draft resolution proposed by the Russian Federation (S/2018/175), the Netherlands will vote against it. That draft resolution falls short in every possible way. It seems that the Russian Federation is unable to support an independent and impartial investigative mechanism. It seems that it can accept a mechanism only in which itself can decide when, where, how and by whom the investigation would be conducted, while leaving the mandate attributed to the Council subject to its veto. This cannot be the end of the issue. The Security Council cannot remain passive in the face of the atrocities being committed in Syria. We must continue to work for an effective attribution mechanism, inside and outside the Security Council. Impunity must not prevail. The President (spoke in Spanish): The Security Council is ready to proceed to the vote on the draft resolution contained in document S/2018/175, submitted by the Russian Federation. I shall now give the floor to those members of the Council who wish to make statements before the voting. Mr. Nebenzia (Russian Federation) (spoke in Russian): Before I speak about the draft resolution before us (S/2018/175), I would like to say that I am very happy that my British colleague is familiar with the classic works of Marxism-Leninism, although that is hardly surprising, because Marx, Engels and Lenin were frequent visitors to London — indeed, Marx is buried there. But I would like to cite another quotation from Lenin, who wrote an article entitled "Better Fewer, but Better". After the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism (JIM) on the use of chemical weapons in Syria ended, in November of last year, it was Russia that found itself in the forefront of the efforts to fill the resulting gap. We drafted a resolution on the issue that we submitted to our colleagues for their consideration on 23 January. The Western camp immediately gave the draft text a hostile reception, since it eliminated the loopholes that enabled investigations to be manipulated and handed over to the control of the opponents of Damascus, as occurred with the JIM and which was the reason for its premature demise. I want to emphasize that we have not invented anything new in our text, but have merely brought the principles for the work of the new mechanism in line with the standards of the Chemical Weapons Convention. We now have a real opportunity to create a genuinely independent and impartial working mechanism that would help the Security Council to identify those responsible for the use of chemical weapons in the context of the conflict in Syria. All that it needs is for Council members to vote in favour of our draft resolution, and we call on them to do that. The President (spoke in Spanish): I shall now put to the vote the draft resolution contained in document S/2018/175, submitted by the Russian Federation. A vote was taken by show of hands. 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 9/21 In favour: Bolivia (Plurinational State of), China, Equatorial Guinea, Ethiopia, Kazakhstan, Russian Federation Against: France, Netherlands, Peru, Poland, Sweden, United Kingdom of Great Britain and Northern Ireland, United States of America Abstaining: Côte d'Ivoire, Kuwait The President (spoke in Spanish): The draft resolution received 6 votes in favour, 7 votes against and 2 abstentions. The draft resolution was not adopted, having failed to obtain the required number of votes. I shall now give the floor to those members of the Council who wish to make statements following the voting. Ms. Pierce (United Kingdom): As I have taken the floor once today already, I will be brief. With regard to Karl Marx, I think he must be turning in his grave to see what the country that was founded on many of his precepts is doing in the name of supporting Syria by condoning the use of chemical weapons on Syrian territory. We voted against the Russian draft resolution (S/2018/175) for a number of reasons. The Russian text is a distraction. It has lain dormant around the Security Council for weeks. There was no attempt to meet other Council members' concerns in its drafting, unlike the United States text (S/2018/321), which had adapted its original preferences precisely to try to meet those of the Russian Federation and others. The Russian text does nothing to bring a political process any closer. Specifically, it moves the parameters on access and imparts a quasi-judicial standard — "beyond a reasonable doubt" — that is inappropriate for the type of investigation that the Council wishes to establish. If the Russians want a criminal investigation, they could always suggest that we refer the matter to the International Criminal Court. Furthermore, there is selective quoting of the Chemical Weapons Convention to undermine the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism, and it takes a selective approach to the parameters of the Organization for the Prohibition of Chemical Weapons. But, above all, the text is unacceptable because it seeks to assert that sovereign States are above international law and international norms. That is breathtaking both in its arrogance and its ignorance, and for that reason alone, if not the others, we could not support it. Mrs. Haley (United States of America): Yesterday I said that history will record this moment (see S/PV.8225) as one when we as the Security Council either lived up to our responsibilities or showed our complete failure to protect the Syrian people. Today we have our answer. The votes have been cast. The record will show that today some countries decided to stand up for truth, accountability and justice for the Syrian people. Most countries saw the horror that took place in Douma last weekend at the hands of the Al-Assad regime and realize that today was a time for action. Month after month, the Al-Assad regime, with the full support of Russia and Iran, has strung the Security Council along. They ignored our calls for a ceasefire, for political dialogue and for deliveries of humanitarian aid. They ignored our calls to stop using chemical weapons — weapons that are universally banned from war. And then, last weekend, the Al-Assad regime forced a moment of reckoning on all of us by gassing people in Douma. The United States and the countries that joined us today could not allow that attack to go unanswered. The record will not be kind to one permanent member of the Council. Unfortunately, Russia has again chosen the Al-Assad regime over the unity of the Security Council. We have said before that Russia will stop at nothing to shield the Al-Assad regime, and now we have our answer. Russia has trashed the credibility of the Council. It is not interested in unity or compromise. Whenever we propose anything meaningful to Russia, Russia vetoes it. It is a travesty. It has now officially vetoed draft resolutions that would hold Al-Assad accountable for these barbaric chemical attacks six times. Things did not have to turn out this way. For weeks, the United States has led transparent, good-faith negotiations with all Security Council members to establish an attribution mechanism for chemical weapons in Syria. We started from the simple premise that every Council member would want to know who was responsible for using those barbaric and illegal weapons. We did everything to accommodate Russia's views. Russia surprised us with a proposed draft resolution (S/2018/175), calling all of us into the S/PV.8228 The situation in the Middle East 10/04/2018 10/21 18-10187 Security Council Chamber and handing out the draft text on the spot. After hearing widespread concerns about its draft resolution, Russia moved ahead anyway, accommodating no one's views. We could have done the same, but instead we tried to take as much as we could from Russia's draft text, while maintaining an impartial and independent process. We negotiated in good faith. Many aspects of our draft resolutions were similar. Russia said that the investigators should have safe access to the places where chemical weapons were used. We agreed. Russia said that it wanted an impartial, independent and professional investigation. We agreed. Russia said that the investigators should be recruited on as wide a geographical basis as possible. We agreed. Russia said that it wanted reports on the activities of non-State actors involving chemical weapons. Although that sounded to us like an attempt to distract from the Al-Assad regime, we included Russia's request. We even gave our mechanism the name that Russia wanted — the United Nations independent mechanism of investigation. There were really only two key differences between our draft resolution and that of Russia, but those differences speak volumes. First, Russia wanted to give itself the opportunity to approve the investigators who were chosen for the task. Secondly, Russia wanted the Security Council to assess the findings of any investigation before any report was released. Does any of that sound independent or impartial? Russia's proposal was not about an independent and impartial investigation at all. It was all about protecting the Al-Assad regime. This is a sad day. The United States takes no pleasure in seeing Russia exercise its sixth veto on the issue of chemical weapons in Syria. Only last week, we had hoped that the one-year anniversary of the Khan Shaykun attack might be the start of a renewed partnership to combat chemical weapons. However, those deadly weapons have been used on Syrian families again. When the people of Douma, along with the rest of the international community, looked to the Council to act, one country stood in the way. History will record that. History will record that, on this day, Russia chose to protect a monster over the lives of the Syrian people. Mr. Wu Haitao (China) (spoke in Chinese): China has stated its principled position on the chemical weapons attack in Syria. The draft resolution on the establishment of a new investigative mechanism submitted by the Russian Federation (S/2018/175) condemns the chemicals weapons attack in Syria and calls for the creation of a new investigative mechanism to establish the facts and the truth. We can all agree on those positive elements. In addition, it proposes improved working methods compared to previous investigative mechanism and set out concrete steps to carry out a robust on-site investigation on the ground and to ensure impartiality in the process of collecting evidence. As a result, the new investigative mechanism would be able to function with greater professionalism and to reach a truly credible conclusion. Those elements are in line with China's principled position. We support Russia's draft resolution. China regrets that the draft resolution was not adopted. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): I am taking the floor following the voting on the two draft resolutions (S/2018/175 and S/2018/321) above all to express our frustration over the fact that the Security Council was not able to adopt either the first or the second draft, which sought to give the Council an independent and professional mechanism with a mandate to attribute responsibility for the use of chemical weapons, despite the fact that all Security Council members expressed their desire in that regard. That is precisely why we voted in favour of both draft resolutions in the hope of having a new monitoring mechanism to attribute responsibility so as to protect people from the terrible and harmful effects of such chemical weapons. Despite the negative outcome of the voting on both draft resolutions, the Government of the Republic of Equatorial Guinea, whose position on the use of chemical weapons we have clearly set out during the debates on the issue, wants the members of the Security Council to seek and to explore other alternative draft texts that could merit the joint agreement or the consensus of the Security Council so that we can establish that new mechanism as soon as possible. That is what the people who are suffering, or in the future may suffer, the terrible effects of chemical weapons hope and expect of the Security Council. Mr. Alemu (Ethiopia): It is indeed regrettable that the Council could not adopt a resolution to establish a new mechanism that would identify those responsible 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 11/21 for the use of chemical weapons in Syria. Establishing such a tool would have sent a quick and unified message regarding the resolve of the Council not to tolerate impunity. That is how we view the defeat of both draft resolutions (S/2018/175 and S/2018/321). However, we were not at all surprised. We voted in favour of both draft resolutions, consistent with our position in reaffirming the importance of setting up an independent, impartial and professional investigative mechanism with a view to ensuring accountability. No doubt, such a mechanism would clearly have addressed the existing institutional gap in that regard, which continues to be a source of major weakness in the fight against impunity. Both draft resolutions sought the establishment of such a mechanism. Clearly, there are differences, among others, concerning some aspects of the accountability mechanism. We believe that we have come some distance in bridging those differences. It would have been a major achievement, both functionally and from the point of view of enhancing trust, which is so greatly needed in order to address the challenge not only of ensuring non-proliferation but also of advancing the cause of international peace and security. That was why we were hoping that we could achieve consensus on the matter and unity within the Council. Frankly speaking, we do not like what we see. At the risk of sounding self-righteous — and the challenge that we face makes taking the risk appropriate — we must say that we are deeply disappointed about the situation that we are in. Since we have no alternative, it remains important that we all persevere in continuing our dialogue and supporting the efforts to ensure unity, without which the Council will not be in a position to discharge its principal responsibility of maintaining international peace and security, in particular repairing the damage to the chemical weapons disarmament and non-proliferation regime. Yesterday, we expressed our concern about the difficult situation we are currently facing (see S/PV.8225). We do not wish to repeat what we said, but allow me to state in closing that we look forward to handling the issue of the alleged use of chemical weapons in Douma, eastern Damascus, with a greater sense of responsibility. That is how we intend to look at the draft resolution from Russia before us, a draft which, in our view, is relatively similar to the draft resolution informally made available by Sweden yesterday, whenever the Council is ready to handle it. Mr. Alotaibi (Kuwait) (spoke in Arabic): I support the statement in explanation of vote on the American draft resolution (S/2018/321) made earlier in the meeting by the representative of the United Kingdom, who said that today is actually a sad day. It is a sad day for the non-proliferation regime, and a sad day for civilians — particularly women, children and the elderly — throughout Syria, and specifically Douma in eastern Ghouta. We ask their forgiveness because we have disappointed them once again. The Council has been unable to establish a mechanism that would hold accountable those who commit crimes by using chemical weapons in Syria. We ask their forgiveness because the Council has been unable to put an end to the serious and gross violations of international humanitarian law, human rights law and many Security Council resolutions condemning the use of chemical weapons in Syria. We ask their forgiveness because the Council has been unable to hold to account the perpetrators of crimes related to the use of chemical weapons in Syria. Our position has always been clear. We have called for consensus in the Council on this sensitive issue, which touches on accountability and impunity. We voted in favour of the United States draft resolution because it contains the basic elements that we think are necessary to establish any new accountability mechanism in Syria in order to guarantee its independence, neutrality and professionalism. The mechanism would identify the perpetrators responsible for any chemical attack, and then the Security Council would shoulder its responsibility in terms of sanctions. We abstained in the voting on the draft resolution presented by the Russian Federation (S/2016/175) because it did not include the elements to which I have referred. It would undermine the credibility of the new mechanism by depriving it of its fundamental terms of reference, namely, to determine whoever is responsible in the event of attacks using chemical weapons. We are very concerned about the result of voting today because it will encourage parties to the conflict to continue using chemical weapons in the absence of accountability. Kuwait supported the code of conduct whereby the States members of the Security Council would commit to not opposing draft resolutions dealing with crimes against humanity, genocide and war crimes. We also S/PV.8228 The situation in the Middle East 10/04/2018 12/21 18-10187 supported the French-Mexican initiative on abstention in the use of the veto in cases of human rights violations. As a result of the voting today, and based on our commitment to abiding by the four Geneva Conventions and their two Additional Protocols, international humanitarian law and the final outcome of 2016 World Humanitarian Summit, we call again for crimes against humanity and war crimes, as well as humanitarian issues, to receive due attention. That would include allowing the safe and sustainable delivery of humanitarian assistance and medical evacuations, and preventing the siege of residential areas. These should be treated as procedural issues; they should not be subject to a veto so that such human tragedies and sufferings are never repeated. Mr. Skoog (Sweden): Like everyone else, we deeply regret that today the Council was prevented once again from establishing a responsibility-attribution mechanism for the purpose of impartially identifying the perpetrators and organizers of the use of chemical weapons in Syria. I am sure we all share a sense of very tragic déjà vu as we repeat the scenario the Council faced in November when the renewal of the mandate of the Joint Investigative Mechanism was blocked. However — and I apologize to all of those who are tired of hearing me say this — we will not give up. Efforts to reach an agreement on a responsibility-attribution mechanism must continue, and we support all serious and genuine initiatives that aim to achieve this objective. We stand ready to help facilitatory efforts to find a way forward. Accountability for the use of chemical weapons is crucial. As we have stated before, the Syrian people suffering from more than seven years of conflict deserve no less from us. They want peace and justice, not further military escalation or impunity. A collective response to the most recent alleged chemical weapons attack in Douma therefore remains urgent and critical. The credibility of the Council is at stake. We must now come together to swiftly condemn the use of chemical weapons in Syria and express alarm at the alleged attack in Douma. We must support an immediate and further investigation through the Organization for the Prohibition of Chemical Weapons, and we must demand full, free and safe access without any restrictions or impediments to the fact-finding mission in its immediate deployment to Syria. Establishing the facts of what has taken place in Douma remains an essential first step towards confirming the alleged use of chemical weapons and finding the truth, and we need independent, impartial attribution of guilt followed by full accountability. The Council must remain seized and live up to its responsibility. That is why we circulated yesterday a draft text aimed at finding common ground. We stand ready to work tirelessly to find agreement on a robust, swift and immediate response. We need to come back together again after the failure that we have just witnessed. Mr. Tumysh (Kazakhstan): Our position remains unchanged and consistent. Due to well-known historical reasons, Kazakhstan has always taken a firm and resolute stance of uncompromising condemnation of any use of weapons of mass destruction, including chemical weapons. We do so as that is an extremely heinous action and an unacceptable war crime. We have also been in support of attaching paramount importance to the creation of a new investigative mechanism. That has been strongly reiterated, and we have pressed for its urgency. Impunity for chemical crimes is not acceptable. It sends the wrong signal to those who continue to use or intend to use such an extremely heinous weapon. However, in order to punish anyone, we must be able to prove guilt completely and irrefutably. In that regard, the creation of a full-fledged, impartial and independent investigative tool is of the utmost necessity for all. We have worked in earnest with the delegations of the United States and the Russian Federation. We must recognize that the use of chemical weapons in Syria continues, along with the persistent threat of chemical terrorism, to present a grave reality. In addition, many allegations of the use of chemical agents in Syria are still undisclosed. Based on the aforementioned circumstances and understanding the need to preserve this mechanism, we supported both draft resolutions intended to create new investigative mechanisms. We urge that we all work together for the maintenance and strengthening of international peace and security. Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): This meeting is an interesting one from a variety of perspectives. One is that Lenin and Marx, two anti-imperialists, have been invoked more than once. What we have seen today is related to that topic. It is a fact that all empires are under the illusion that they are morally superior to the rest of us, that they believe themselves to be exceptional and indispensable and that they are above the law. In this, as in other cases, they do not seek to advance democracy or 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 13/21 freedom, but rather ultimately to expand their power and domination worldwide. What we have seen today is a sad reflection of what is happening on the battlefield in Syria and of those interests. I would like to echo the words of the Swedish Ambassador in urging the Security Council not to rest until we are united and can reach consensus, if indeed we believe in the purposes and principles of the Charter of the United Nations. It is the Charter, and whether the members of the Council can fulfil it, that is ultimately at stake. One of our responsibilities under it is to refrain from taking unilateral action. We hope that principle will be honoured. The President (spoke in Spanish): The Council is ready to proceed to the vote on the draft resolution contained in document S/2018/322, submitted by the Russian Federation. I shall now give the floor to those members of the Council who wish to make statements before the voting. Mr. Nebenzia (Russian Federation) (spoke in Russian): We too are sorry that our draft resolution (S/2018/175) was not adopted today, but at the moment neither it nor the United States draft resolution (S/2018/321) would have had any influence on the investigation of the alleged incident in Douma. Right now, that is not what they are about. There is no need to mislead anybody by saying that, or that there were intensive consultations on the American draft resolution but not on ours, or that most of our amendments were supposedly taken into account. Our colleagues will now tell the press that we vetoed their resolution, while modestly remaining silent about the fact that just as with the draft resolutions on the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism, they also vetoed ours. Yesterday, during the meeting on threats to international peace and security (see S/PV.8225), there was an emotional discussion of the event, or the alleged event, in Douma on 7 April. Based on the results of the inspection conducted by our specialists, we said that a chemical attack could not be confirmed. Nonetheless, we advocated for the speediest possible investigation of all of the circumstances by the Organization for the Prohibition of Chemical Weapons (OPCW) and affirmed our willingness to facilitate its work on the ground. The Government of Syria has sent the OPCW an official request that such a mission be dispatched to Douma as soon as possible. Yesterday, the Swedish delegation put forward a fairly constructive text for a corresponding draft resolution. Unfortunately, their initiative was undeveloped and was trampled down thanks to the confrontational efforts of the United States and its closest allies, which had decided to shift the focus away from the issue of an investigation of what happened on 7 April. That is understandable, because they have already identified the guilty parties. As far as they are concerned, the so-called regime, along with Russia and Iran, is always to blame for everything. The investigation does not interest them. Well, sometimes it does, but only if it is based on so-called exclusive data from the opposition's social networks. For the hundredth time, I would like to ask the same question yet again. Can someone here explain clearly and plainly why Damascus needed this alleged chemical attack in Douma in principle, especially since practically all of the militias had evacuated Douma by then? And the militias who were still being evacuated on 8 April knew nothing about the alleged occurrence of this chemical attack. I will answer my own question. The provocation was desperately needed by the militias who received that very timely support from the United States and other Western countries. We decided to develop the Swedish initiative, and our draft resolution notes the Syrian Government's invitation to the OPCW Fact-finding Mission to visit the site of the alleged event without delay. It welcomes the decision of the Director-General of the OPCW Technical Secretariat to send the Mission to Syria in order to conduct investigative work in line with Chemical Weapons Convention standards. It takes into account the guarantees of safe access provided by the Syrian authorities and Russian military forces. Fifteen days later, the Secretary-General would submit the first report to the Security Council. This is a strictly practical, non-confrontational and depoliticized initiative in support of the OPCW, which would help the specialists in this area determine what did, or rather did not, take place in Douma. And that is the priority now, not the draft resolution on a United Nations independent investigative mechanism, which was hastily submitted for a vote with the obvious aim of seeing both draft resolutions vetoed. We hope that Council members will give this initiative their unanimous support so that the process can begin as soon as possible. According to our information, two S/PV.8228 The situation in the Middle East 10/04/2018 14/21 18-10187 expert groups from the OPCW Fact-finding Mission should leave for Syria by the end of this week. Whatever the excuse that may be given, if the experts do not reach Douma because they have been prevented by those who continue to speculate about the chemical issue in order to smear Syria and Russia, that will be yet another piece of evidence showing that behind this thoroughly false story are dirty geopolitical games and, what is worse, aggressive military plans capable of reversing the positive trend in the resolution of Syria's conflict and inflicting a painful blow on a region already tormented by adventurist assaults. We are witnessing all of that literally in real time. We request that you put this draft resolution to a vote, Mr. President. Mr. Skoog (Sweden): We want swift and resolute action today, and we want the Security Council to shoulder its collective responsibility. But I am not sure that we have exhausted all the avenues that could get us there, nor am I sure that voting on this new Russian draft resolution (S/2018/322) will get us there either. We feel that we are at a very fragile stage of Council deliberations right now, and we need to reflect carefully on the way forward to ensure that we do not jump into further paralysis, with consequences that will be difficult to defend or repair. That is why I would like to ask you, Mr. President, to suspend the meeting right here and now so that we can all move into consultations and carefully and collectively reflect on the next step. The President (spoke in Spanish): The representative of the Russian Federation has asked to make a further statement. Mr. Nebenzia (Russian Federation) (spoke in Russian): We listened carefully to what the Permanent Representative of Sweden has just said. To be candid, we are somewhat puzzled by his statement, because the draft resolution that we submitted (S/2018/322) is, in essence, based on the same idea as the draft submitted yesterday by the Swedish delegation. I do not know what we are going to consult on in consultations. I believe we already consulted on this subject yesterday. However, out of respect for the Swedish delegation and those delegations who would like to hold consultations, we are not against that. But let me say right away that we intend to put this draft resolution to a vote today, after our consultations. We hope that the consultations will be constructive and will not drag on for long, because that is certainly not necessary at this point. We need to adopt this draft resolution in support of the mission of the Organization for the Prohibition of Chemical Weapons in order to establish the facts on the ground as quickly as possible. The President (spoke in Spanish): If there is no objection, I will suspend the meeting. We will continue after our consultations. The meeting was suspended at 4.40 p.m. and resumed at 5.45 p.m. The President (spoke in Spanish): I shall now put to the vote the draft resolution contained in document S/2018/322, submitted by the Russian Federation. A vote was taken by show of hands. In favour: Bolivia (Plurinational State of), China, Ethiopia, Kazakhstan, Russian Federation Against: France, Poland, United Kingdom of Great Britain and Northern Ireland, United States of America Abstaining: Côte d'Ivoire, Equatorial Guinea, Kuwait, Netherlands, Peru, Sweden The President (spoke in Spanish): The result of the voting is as follows: 5 votes in favour, 4 against and 6 abstentions. The draft resolution was not adopted, having failed to obtain the required number of votes. I shall now give the floor to those members of the Council who wish to make statements following the voting. Ms. Pierce (United Kingdom): I will be brief. In the Consultations Room just now, Mr. President, you and the representative of Sweden made valiant attempts at a compromise. We all appreciate what is at stake and thank you for your and Sweden's efforts. But, fundamentally, the United Kingdom could not vote for the Russian text (S/2018/322) because it does not establish an investigation into who was responsible for the attack. It only welcomes the Fact-finding Mission, which is already on its way. I repeat what I said in consultations: the Fact-finding Mission determines whether chemical weapons were used and, if they were, which chemical weapons were used. It does not, and cannot, establish who was responsible for 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 15/21 their use — and thus start on the first step on the path to attribution and accountability. For that reason, we are not able to support the text. It would be like watching a fire, identifying that there was a fire, and doing nothing to put it out. The Russians invited us to return to the issue of an investigative mechanism on a separate occasion. I am afraid that the answer to that is 17 November 2017, when Russia vetoed a joint investigative mechanism that it had itself decided to set up. For all those reasons, all it would have taken is a written decision for an investigation set up by the Security Council. Russia could not take that small step, and therefore we were not able to support the draft resolution. I very much regret that, but the answer was in Russia's hands. Mr. Wu Haitao (China) (spoke in Chinese): Recent reports concerning the use of chemical weapons in Douma and the consequent civilian casualties have given rise to serious concern on the part of the international community. China has noted that the Organization for the Prohibition of Chemical Weapons (OPCW) has already asked its Fact-finding Mission in the Syrian Arab Republic to investigate the relevant reports. We support the OPCW in sending investigators to Syria so as to establish the truth. We call on all parties concerned to cooperate with the investigation. The draft resolution submitted by the Russian Federation (S/2018/322) expresses deep concern about the alleged use of chemical weapons in Douma on 7 April, strongly condemns the chemical-weapons attacks that took place in Syria and elsewhere, urges the OPCW Fact-finding Mission to carry out an on-site investigation, and provides that the Syrian Government and other parties will ensure the security of and safe access to investigators. The draft resolution is in keeping with China's principled position. China supports and voted in favour of the Russian draft resolution. Mr. Skoog (Sweden): We deeply regret that we have ended up here following a long day of serious efforts to move forward by some of us — I believe. We abstained in the voting on the Russian draft resolution (S/2018/322) a few moments ago because the attribution and accountability track, which we believe is important, lacked clarity. We called for consultations earlier because we felt that, provided there was political will, an opportunity remained for us to come together and shoulder our responsibility today. We put forward a draft resolution (S/2018/321) to all members that we felt was credible and assertive, and was intended to support the Fact-finding Mission of the Organization for the Prohibition of Chemical Weapons. It was also very clear in its determination to establish an impartial, independent and professional investigative mechanism, and we had suggested that the Secretary-General help us recommend the best way forward in that area and give him 10 days to come back to the Council. I believe that would have been a much better way forward than where we are right now. I am therefore very disappointed that we have not been able to move forward on this. I thank all those members of the Security Council that were ready to engage, and I just hope that we do not consider this the end with regard to ensuring that the facts will be established and that there will be true accountability and no more impunity for the horrendous use of chemical weapons in Syria and elsewhere. Mr. Ndong Mba (Equatorial Guinea) (spoke in Spanish): I once again express the frustration of our delegation over this afternoon's negative outcome. We abstained in the voting on the third draft resolution (S/2018/322), first of all because it was submitted only very late today and, secondly, because it is lacking compared to the two previous draft resolutions on which we voted in favour (S/2018/175 and S/2018/321). We believe that we should ask the representative of Sweden, Mr. Olof Skoog, not to withdraw his proposal so that following this meeting — perhaps tomorrow afternoon — as was suggested during consultations, we can continue considering and analysing it to see whether we can agree to vote on the draft resolution once we have introduced amendments and reached a consensus on the text that he has presented. Mr. Radomski (Poland): Poland voted against the draft resolution (S/2018/322) presented by Russia. We believe that the draft resolution submitted originally by Sweden was an honest attempt to enable the Security Council to respond promptly to the horrific act of violence that occurred in eastern Ghouta on Saturday. To that end, the Security Council needs to re-establish a professional, truly independent and impartial accountability mechanism. The draft resolution proposed by the Russian Federation is missing that important provision. That is why we had to vote against it. S/PV.8228 The situation in the Middle East 10/04/2018 16/21 18-10187 Mrs. Haley (United States): I thank you, Sir, and members of the Security Council for what has been another frustrating day. My parents always said that you should always see the good in everyone and in everything. I have therefore been trying to figure out what the good is in Russia. I believe that it is very good at being consistent, and I believe that it is very good at playing games. We saw that when we took up the issue of the Organization for the Prohibition of Chemical Weapons-United Nations Joint Investigative Mechanism. Russia loved the Joint Investigative Mechanism until we found one side guilty, and then it decided that it did not want it. We then adopted the ceasefire, and Russia loved the idea of the ceasefire until Al-Assad had a problem with it and subsequently violated it. Today Russia vetoed for the sixth time a draft resolution (S/2018/321) condemning Al-Assad for chemical-weapons attacks on his own people. No matter what we do, Russia will be consistent. Russia will continue to play games, and once again it is putting forward yet another surprise draft resolution (S/2018/322). The first time that any of us saw it was today at 11 a.m. The Russians held no negotiations. It took no input, and, when Sweden asked that the Council be allowed to discuss the draft resolution, Russia allowed that but did not want any changes to it. There is a reason for which Russia did not want to discuss its resolution, and that is because it does not accomplish anything. The draft resolution mainly asks for the Organization for the Prohibition of Chemical Weapons (OPCW) to send its Fact-finding Mission to Douma, but the Fact-finding Mission is already travelling to Douma. It already has a mandate to investigate and collect samples. What makes it worse is that Russia includes several provisions in its draft resolution that are deeply problematic and once again seeks to compromise the credibility of the international investigation. The draft resolution puts Russia and the Al-Assad regime itself in the driver seat for making arrangements for the Fact-finding Mission investigators. We are just supposed to trust that the same Government that says that everything concerning the Douma attack was fake will work in good faith with the OPCW. This draft resolution also tries to micromanage how the Fact-finding Mission should carry out its investigation, while dictating where the investigators should go. As we have always said, for an investigation to be credible and independent, the investigators must choose where they believe they should go. Members of the Council — least of all Russia — should not be calling the shots. For those reasons, the United States voted against the draft resolution. Mr. Alemu (Ethiopia): We voted in favour of the draft resolution (S/2018/322) because we saw value in its adoption as it offered, we thought, the possibility for the protection of the Organization for the Prohibition of Chemical Weapons Fact-finding Mission in the Syrian Arab Republic. Frankly, we tried to find weaknesses in the text. We could not. It is a matter-of-fact and uncomplicated draft resolution. We could not find any reason not to support it. Undoubtedly, it would not have made achieving attribution possible, but finding out whether chemical weapon were in fact used would have been a great achievement. Of course, so far the Russian position has been that there was no use of chemical weapons in Douma. Establishing the facts surrounding that assertion or position would have been a great achievement. We are not in a position to take advantage of the guarantee offered or the Council's strong support in that regard. We felt that the Fact-finding Mission needed the support. Mr. Nebenzia (Russian Federation) (spoke in Russian): Frankly speaking, I think all of us have seen everything for ourselves. Unfortunately, the failure to adopt draft resolution S/2018/322 really is a litmus test says a great deal and leaves us extremely apprehensive. We proposed a very innocuous draft resolution, which is moreover virtually a complete repeat of Sweden's draft text from yesterday. I find it difficult to understand which might be the parts where Mrs. Haley read between the lines to discover our scheming and our trickery. Perhaps the Permanent Representative of the United Kingdom answered that when she said that they could not adopt the Russian draft resolution — let us say it out loud — because it was a Russian draft resolution. Then everything was clear. The United States representative said that we are very good at playing games. I am not sure about that. What I am sure of is that she is very good at making threats, and the threats that the United States is making with regard to Syria should make us all extremely alarmed, because we may be standing on the threshold of some very sad and terrible events. I would once again like to ask the United States to refrain from executing the plans that it may be incubating for Syria. Unfortunately, the refusal of the United States to adopt the draft resolution speaks to the fact that our 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 17/21 American partners and colleagues do not need any real investigation, which is something that we discussed earlier. We regret the fact that the draft resolution was not adopted, although it is true that the Fact-finding Mission will, I hope, reach Syria soon and be able to get to work on its principal mandate, which is establishing the facts about what really happened in Douma. To repeat what I have said once again, in all innocence, the Russian military and the Syrian Government will provide support to the mission in terms of ensuring its security. I hope that does not raise questions for anyone, because it is simply what must be done. We hope that the Mission will be able to make the trip effectively and without delay. Mr. Alotaibi (Kuwait) (spoke in Arabic): I would like to start by thanking Sweden for its efforts and attempts to achieve rapprochement and to smooth over the differences among the members of the Security Council. We are disappointed by the Council's inability to reach consensus on this important matter and by the fact that the divisions among Council members unfortunately continue. We abstained in the voting, despite the fact that the gist of draft resolution S/2018/322 calls for an investigation into what took place in Douma, which is what we called for. The investigation should be undertaken by an international, independent and impartial body, which in this case is the Organization for the Prohibition of Chemical Weapons (OPCW). However, the OPCW Fact-finding Mission will go to Syria anyway, and the Council welcomed that fact yesterday. There is therefore no need for a draft resolution. What we are looking for is an international, independent, neutral and professional body or mechanism that would investigate the incident and identify the party that has used chemical weapons, if it indeed determines that chemical weapons have been used. That approach will enable the Council to hold the perpetrators accountable, in accordance with resolution 2118 (2013). Mr. Umarov (Kazakhstan): I thank everybody for today's very difficult and unfortunately unproductive day. We voted for the Russian Federation's draft resolution (S/2018/322) on sending a fact-finding mission of the Organization for the Prohibition of Chemical Weapons (OPCW) as soon as possible because, as we said yesterday in raising this very simple question, we need to know what happened on the ground. Yesterday we were also very clear when we said that there were different and conflicting reports about the number of casualties and even about the very fact that the chemical attack had taken place. We requested and supported the important proposal that a fact-finding mission should go to Douma to establish the facts on the ground. We are not talking right now about who did it, but we are talking about the fact of the event itself. We needed to understand what was there and what had happened there. Sending a fact-finding mission was very important to us and to all the delegations that do not have a presence there to understand the objective reality of the place. Even if the only information obtained is about the kind of substance that was used, that would be very useful for us to understand who the perpetrators might be and at the very least establish the fact that a chemical attack took place. In this kind of understanding, we very much support sending OPCW experts to investigate on the ground in order to give us information on which we can base an objective opinion about the situation. We are not taking sides here, and we were very clear about that yesterday. We would like to receive full, objective, transparent and unbiased information about the facts that we are addressing here. We are therefore glad that the OPCW is sending a group to Douma, regardless of the results of today's voting on draft resolutions. We are hopeful that we can at least get this preliminary information about the situation in Douma. I would like to say once again that we in the Security Council should be objective and base our decisions on the simple facts that may be presented to us by the independent organizations that will determine whether there was a chemical attack or not. Mr. Delattre (France) (spoke in French): After having vetoed a draft resolution that sought to shed full light on acts of violence involving chemical weapons (S/2018/175), including those that took place last weekend, Russia persists in a dual strategy of obstruction and diversion on the matter. The only aim of the draft text on which we have just voted (S/2018/322) was clearly to confuse the issue. It is not a question of disputing the importance of an independent investigation by the Organization for the Prohibition of Chemical Weapons (OPCW) into what happened in Douma on 7 April. That is essential, and the investigation has already been launched. However, the Russian draft resolution, which we had to vote against, did not meet the challenges. S/PV.8228 The situation in the Middle East 10/04/2018 18/21 18-10187 Let us be clear: what we lack today, and what Russia continues to reject, is a truly independent and impartial mechanism that can attribute responsibility in order to prevent impunity. That was the raison d'être for the OPCW-United Nations Joint Investigative Mechanism. With the establishment of the Joint Investigative Mechanism, set up with the involvement of Russia, we put in place a tool for the essential deterrence of perpetrators of chemical attacks. That is clearly what we lack today. Let us be clear in saying that statements are not enough and that the Russian draft resolution is only a smokescreen that falls well short of the urgent response that the Council should provide. That is why France voted against the draft resolution and why the draft resolution was not adopted. Today I reiterate that France will spare no effort to ensure that the perpetrators of those chemical horrors are identified and held to account in an independent and impartial way. The stakes are extremely high, and we will not give up. Mr. Van Oosterom (Netherlands): We abstained in the voting on the draft resolution (S/2018/322) because we had serious hesitations about the text, as it differed in some crucial aspects from the Swedish text put forward yesterday. First of all, the text makes it insufficiently clear that the Organization for the Prohibition of Chemical Weapons Fact-finding Mission in the Syrian Arab Republic already has the mandate for on-site visits, as States have to comply with it. They do not need the Council's authorization. Secondly, the text is unduly restrictive. Paragraph 3 is not a correct reflection of the decision of the Director-General or of his existing mandate. The necessity of on-site investigations is up to the team to decide. My third point is that the fact-finding mission should be able to perform its mandate in complete independence. Fourthly, we do not want the precedent that Security Council authorization is needed for a fact-finding mission to do its work. We are convinced that those were issues that we could have solved if the draft resolution had been put forward for proper consultations. We received it this morning. We regret that those concerns could not be taken into account. My last point is that one colleague said that the litmus test of this evening, and of today, was the voting on this draft resolution. I disagree. The litmus test of today's meeting was the veto by one permanent member on the establishment of an effective attribution mechanism. Mr. Llorentty Solíz (Plurinational State of Bolivia) (spoke in Spanish): I shall be very brief. Bolivia voted in favour of the draft resolution (S/2018/322) for several reasons. One of those is that, although the nature of the events that have been condemned is unknown, the highest authorities of the Organization have pointed out that the United Nations is not is a position to verify the reports of such events. It is therefore essential to establish the truth by means of an independent and impartial investigation. Many of those reports come from non-governmental organizations (NGOs), and we know who finances those NGOs. Therefore, we must allow doubts with regard to such sources. Analysing the draft resolution submitted by the Russian Federation word by word, from the point of view of intellectual integrity, commitment to the Syrian people or international law, we found no reason to vote against the draft resolution. Nevertheless, what concerns us is what is being planned outside the structure of this edifice. While it was said today that Lenin and Marx would probably be turning in their graves, I do not know about that. But what is certain is that Churchill and Roosevelt, for example, are turning in their graves because, as founding fathers of the structure of this world order, they endowed the Security Council with the authority to use force to deal with threats to international peace and security. I am not sure that they would be very happy that the outcome of such events, without a full and conclusive investigation, is that some of its members undertake the unilateral use of force. In any case, we remain hopeful that the Security Council will shoulder its responsibility and that, through unity, it can help to identify the perpetrators of any attack against international peace and security, if that is the case. The President (spoke in Spanish): I shall now make a statement in my capacity as the representative of Peru. We regret that we were not able to achieve consensus this afternoon on a draft resolution with regard to the delicate situation in Syria. We underscore that the investigation being carried out on the use of chemical weapons must be complemented by an independent, impartial and professional mechanism that attributes 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 19/21 responsibility. That is why we abstained in the voting on this occasion. We reiterate the need for the Security Council to regain its sense of unity on this very delicate subject so that it can fulfil its high responsibilities and thereby alleviate the suffering of the Syrian people. That is why we will continue to explore options on this important matter. I now resume my functions as President of the Council. I remind speakers of the content of presidential note S/2017/507 with regard to the length of statements. I now give the floor to the representative of the Syrian Arab Republic. Mr. Ja'afari (Syrian Arab Republic) (spoke in Arabic): I will give colleagues who are about to leave the Chamber some of my valuable time. They are afraid that I will beat them in the battle of arguments. They become terrified when they hear any opposing views. Those who just left the Chamber said in their statements that today was a sad day for the non-proliferation regime. I would like to refresh their memories and say that violation of the non-proliferation regime is the speciality of the following Western States. The United States of America used nuclear weapons in Japan. It used chemical and biological weapons in Viet Nam and enriched uranium in Iraq. France used Algerian human beings when it tested its first atomic bomb in the Algerian desert in 1960. In fact, it placed living Algerians in the desert tied to poles, and dropped on them the first French atomic bomb. Britain, of course, conducted all its nuclear tests in its colonies on islands in the oceans. The British Ambassador then says that day was a sad day for the people of Douma. English is not my mother tongue, but I know that there are no people of Douma. There are inhabitants in Douma. There are Syrian people. There are no people of Douma. However, beyond Marx, Engels and Lenin, I would like to quote from Shakespeare as saying: "Lies shame you. Speak the truth or remain silent". My British colleague said that Russia does not have the authority to go to Douma and establish whether or not chemicals were used there, stating that it is not within the jurisdiction of our Russian friends, who are on the ground, to go to Douma and investigate the scene. That is quite strange. Britain should have advised itself in the same manner when it sent intelligence officers to Khan Shaykhoun and conferred upon itself the authority to collect samples with the French. They took the samples to British and French laboratories, as they claimed, without coordinating with the Joint Investigative Mechanism (JIM) or the Fact-finding Mission. That is quite the paradox: giving themselves the very right that they deprive others. Approximately two weeks ago, Britain signed an agreement with the Crown Prince of Saudi Arabia for an arms deal worth $100 billion — much bigger than the Al-Yamamah deal — to continue killing people in Yemen, start new wars in the region with Iran and Syria and entrench never-ending wars throughout the entire region. That is what Britain is capable of doing. Mahatma Gandhi knew the British well, and he was right when he said, "If two fish broke out into a fight in the sea, everyone knows it was Britain that started it". The American colleague said that there is only one monster facing the entire world in defiance today. That monster has financed terrorists in Syria for seven years and provided them with arms. I would say that the monster is the United States, Britain and France. They sponsored terrorism in my country for seven years, and before that they did the same in Iraq, Afghanistan and Libya. They sponsored terrorist organizations starting with Taliban and Da'esh, down to the Al-Nusra Front, Al-Qaida, Jaysh Al-Islam, Faylaq Al-Rahman and the White Helmets, which British intelligence newly invented. The monster she spoke of unleashed lies in order to destroy, occupy and send troops thousands of miles throughout the world to destabilize international peace and security. The monster is the American who, thus far, refuses to destroy his chemical arsenal, as we know, yet lectures others on destroying chemical weapons. My French colleague said that he was horrified by the pictures he saw. But he was not horrified by the pictures of the hundreds of civilians who were killed in the 2016 French air strikes in Toukhar village in the rural area of Manbij. Two hundred civilians were killed, including entire families, by France's war planes. The French Ambassador must not have seen those pictures, and consequently they were not a source of horror for him. The concept of double standards is an understatement for those people. In response to the web of lies spread by some Western States against my country regarding the S/PV.8228 The situation in the Middle East 10/04/2018 20/21 18-10187 alleged use of chemical weapons in Douma on 7 April, the Ministry for Foreign Affairs and Expatriates of the Syrian Arab Republic sent today, 10 April, an official invitation to the Organization for the Prohibition of Chemical Weapons (OPCW) to dispatch a fact-finding mission to Douma in order to investigate the allegations of the use of chemical weapons there and to determine the facts about those allegations. I informed members of the Council of that invitation yesterday in this very Chamber (see S/PV.8225). The Syrian Arab Republic welcomes the visit of the fact-finding mission and stands ready to fully cooperate, provide all forms of assistance to the mission in the discharge of its duties and guarantee the safety of its personnel. It will also facilitate interviewing and sampling in accordance with the terms of reference. Syria looks forward to the fact-finding mission carrying out its work in a full, transparent and professional manner and while relying on credible and tangible evidence. If it does deploy, it will find Douma liberated and it will be granted full access to any location it wishes to visit. The situation is quite clear. The co-sponsors of the American draft resolution (S/2018/321) do not seek the truth, because it will simply expose them and their terrorist proxies on the ground. Instead of waiting for the OPCW fact-finding mission to determine whether or not toxic chemicals were used in Douma, they present draft resolutions that do not enjoy consensus, nor do they seek truth, but rather establish non-objective mechanisms that pre-empt results in support of their political accusations and agendas. They are aware that a clone of the JIM would not be accepted by the States in the Council that are dedicated to the quest for truth regarding who is using toxic chemicals against Syrian civilians. In that regard, I underscore that the United States, Britain and France made the JIM fail by thwarting it through politicizing its work, putting pressure on members of its leadership and blackmailing them. Consequently, the JIM lacked credibility and professionalism, as it fabricated reports that accused the Syrian Government based on the so-called open sources, of course including the White Helmets, and false testimonies and fabricated evidence emanating mostly from terrorist groups, most important of which is the terrorist Al-Nusra Front and the White Helmets, which is the British misleading media arm of the Al-Nusra Front. The scenario that we witness today is exactly similar to what we witnessed a year ago when the United States of America launched a wanton aggression on the Al-Shayrat air base, which was founded on flimsy arguments and fabricated pretexts stating that the Syrian Arab Army used chemical weapons in Khan Shaykhoun. Those allegations were proven false when the United States and its allies prevented the experts of the JIM from visiting Khan Shaykhoun and collecting samples from the Al-Shayrat air base. Things are crystal clear. The aggression of the United States and its accomplices, throughout history, thrives on lies, deceit and hegemony, as well as on the rule of the powerful. It is a brutal approach that will never respect the rule of law and international legitimacy. For seven years, my country, Syria, has been a stark example of what the United States and Britain did when they unleashed lies, misleading information and fabricated stories in this very Chamber in order to destroy and occupy Iraq. Their actions were grounded on the pretext of a significant lie, that is, the existence of the so-called weapons of mass destruction in Iraq. I am compelled each and every time to remind the Council of the position of former Secretary of State Colin Powell when, in this very Chamber (see S/PV.4701) — and I was sitting where the Deputy Permanent Representative of China is seated today — he presented tapes, documents, maps and pictures that were later discovered to have been produced, faked and fabricated by the American intelligence services for the purpose of invading Iraq. The operation was prepared in advance. The same scenario occurred with Libya. The truth must be revealed. For centuries the world has witnessed various instances of occupation and hegemony, whose sole purpose was to loot the wealth of nations, occupy land or impose a geopolitical agenda. However, political immorality has reached a depth today to the extent that Libya has been destroyed and many of its people killed to cover up cases of bribery and financial corruption involving the President of a permanent member of the Council that talks about democracy and freedom. It is so low today to the extent that a permanent State regrettably forces Arab oil-exporting countries to foot the bill for its ongoing aggression and military intervention in my country, Syria. It is a business deal forged between the corrupt with the financial means and a mercenary who has weapons and power. Some permanent members of the Council commit acts of aggression against sovereign 10/04/2018 The situation in the Middle East S/PV.8228 18-10187 21/21 countries simply to detract attention from domestic crises and ongoing controversy surrounding their political elite. Following seven years of a dirty terrorist war that was imposed upon us, we in Syria believe that clear options exist — but they pose a major challenge to the majority of Council members. The Council must refute the lies and reverse the political deterioration that the United States, Britain and France are trying to push the Council towards engaging in. It is up to the Council today, and in the future, to make its decision. World public opinion and the people of the free world will judge whether or not the Council has assumed its responsibility to uphold international legitimacy, maintain international peace and security and protect the world against the horrible terrorism that is used and exploited by those three permanent member countries to undermine the stability and self-determination of States. I call upon the members of the Council to uphold a global, ethical and multilateral political system that believes in international law and in the right of peoples to self-determination, and rejects military, political and economic hegemony. In conclusion, my country reiterates its condemnation in the strongest terms of any use of chemical weapons by any party, anywhere and under any circumstances. My country stands ready to cooperate with the Organization for the Prohibition of Chemical Weapons to reveal the allegations and lies being promoted by some Western parties so as to justify their aggression and serve their own political agenda. Their fleets are now in the eastern Mediterranean, waiting for the veto in order to start their aggression. I would like to inform those Western parties — and they must pay close attention to what I say — that their threats of aggression, manoeuvres, lies and terrorism will never prevent us — as one of the founding States of the Organization — from exercising our duties and rights under the Charter of the United Nations and our national Constitution to protect our sovereignty and territorial integrity and to fend off aggression from any source. We will not allow anyone — big or small, permanent member or non-permanent member — to treat us the way Iraq and Libya were treated. The meeting rose at 6.35 p.m.
Part one of an interview with John Clementi. Topics include: Memories of John's father, Sandro Clementi. His father's work history and how he became an executive in the plastics business. His father's business contacts in Italy. How his father brought new designs to his company and how the company grew. His father owned a pool hall. John's memories of the family trips to Italy they would every summer when he was growing up. What Italy was like around 1960. Speaking Italian in the United States and in Italy. Italian dialects. John's thoughts on discrimination. John's experiences at Leominster High School and at Deerfield. How John went to Boston College Law School. John left litigation work and joined his father at Plastican. How he met his wife. What Latvia, his wife's homeland, is like. How John and his father divide tasks at Plastican. What sort of products the company makes. The ethnic diversity that exists within the company. ; 1 LINDA ROSENLUND:This is Linda [Rosenlund] with the Center for Italian Culture. Today we're with John Clementi, a [Plastican] located on Industrial Road in Leominster. And today is Thursday, December 13, 2001. John is the son of Sandro Clementi and brother of Anna Canlangelo. So, John, um, could you tell about, first of all, your father, your -- you were telling me before I turned the microphone on that he's really… JOHN CLEMENTI: Yeah. Um, he, um… you know, I think that people that know him, that have known him for any given amount of time would, um… what I think, would all agree that he's just a, an extremely talented, um, gifted person, uh, has the ability to, uh, look beyond the present. He, he, he has a remarkable gift for, for being able to predict trends the way that, that the world is heading. He has a wonderful knowledge of, uh, human nature, um, which is [unintelligible - 00:01:14]. And he – and he's just a very talented executive. I think he has, um, he possesses all of the skills that one would think of in terms of being a very, very effective, uh, executive. Um, and, and I, I think he, he's been able to… exhibit those skills in all sorts of different situations and venues. [Unintelligible - 00:01:34] remain a constant, at least in my experience, having worked with him over the course of the last, uh, 25 years or so. LINDA ROSENLUND:Growing up, was, was he the owner of the… JOHN CLEMENTI: Well, um, growing -- no, I think that he… Plastican really wasn't formed until, um, late '60s, early '70s. Uh, I remember my dad in various roles. I remember him as the proprietor of a, um… of a pool hall. Um, and, and going with him on Sunday mornings, uh, to go clean the pool hall up. I remember him, um, as a, um… as a foreman in a plastics factory, um, working at the [unintelligible - 00:02:21]. And, uh, him sort of coming home, um, eating dinner and then go work another job, so, you know. I 2 think I -- my first true recollections of my dad are probably in that capacity. I still remember the blue uniform and the, you know, the grease and the plastic chip. I mean, I was at an age, I think at that time, I was probably maybe four or five years old. And if he did, then I wasn't old enough to understand. I clearly remember is that, you know, he would come home briefly and back. It's still sort of a joke. At the time, the Mickey Mouse Club was the popular children's show. They came on at five o'clock. And if you would ask my father, to this day, Mickey Mouse, he sort of has this negative psychological reaction because it was sort of his signal that it was time to go to work to the other job. And so that's sort of the way I remember my dad coming home and spending with us, you know, a brief amount of time around dinner and then going back out to work another shift. LINDA ROSENLUND:Asking him how it was that he became involved with Plastican, and it's my memory that he was perhaps worked in sales? JOHN CLEMENTI: Yes. I think we need to kind of go back before Plastican. His first involvement with a proprietary company was with Yankee Plastics. And that would have been back, I think, in 1956. And I think that's where the story comes in about the real estate agent and being made aware of this particular company. It would be around the time that I was talking about earlier. He was working in a plastics company anyway. He was working at Star Manufacturing Company as a shift supervisor. And as such, he more or less had to know the ins and outs of operating the plow from -- I mean, even as a child, in those days, he was literally hands-on. He would come home, as I say, covered with grease and plastic dust in his hair and on his clothes and so forth. He knew intimately the details of running a plastics operation. 3 He was also fortunate, you know, I think he would tell you that he was, in that the owner of that company was an Italian himself. And his name was Nick Dimassa, D-I-M-A-S-S-A. And Nick had been in the United States for a long time. He was the kind of person who -- you know, he was a boy, he was a very elegant figure, you know, just sort of the [block] of white hair and always had a [unintelligible – 00:05:25]. He was a successful manufacturer back in those days and my dad worked for him. And my dad often tells me the story that… you know, I think Mr. Dimassa told him, you know, that instead of making money for him, for Mr. Dimassa, that at some point maybe… well, because he was too talented to work for other people. Then the opportunity arose with this company, Yankee Plastics, which was a small action molder or custom molder that manufactured the kinds of things that are really no longer manufactured in the United States anymore. And by that, I mean… LINDA ROSENLUND:Making that no longer made. JOHN CLEMENTI: Right. So… LINDA ROSENLUND:Like what? JOHN CLEMENTI: Like, you know trinkets and giveaway items—small, little things. And basically for other companies, for other people. It wasn't a proprietary line. It was a line of products that were manufactured for the others. And the product line, from what I could tell, at least at that time as a child, you know, seem to have evolved and that the things that he made were bigger. You know, [unintelligible - 00:06:32] larger. And that line seemed to evolve from the kinds of things that we were just talking about into things like pitchers. And the company evolved into a proprietary housewares manufacturer. And I think probably the turning point for that company, for Yankee Platsics, happened to… in the early '60s, that probably had emerged as a leader in 4 design, especially in plastic design. Because I think it's safe to say that plastics is an ersatz material, a substitute for something else—wood or net, or -- in a sort of view it's a surrogate, whereas in Italy, at the time, emerging from the war, plastics was a new material. It was different. It had a higher value to most people. And subsequently, extraordinarily talented designers in Italy were designing plastic housewares, and my dad saw that and realized that very mundane items were being designed to be extraordinarily beautiful, and brought some of those designs to the United States and began to manufacture them on a proprietary basis, and began selling them to companies that were at the time, you know, the equivalent of the big-box retailers that we know of now as K-Mart or Walmart. It would have been a Woolworths or WT Grant. And so he started manufacturing these products for those kinds of companies, and I think that's really where the company began to assume a different… LINDA ROSENLUND:Now, did he hire anyone from [ideas forward]? JOHN CLEMENTI: Well, it was interesting at the time. From around 1960 on, we would spend a good part of our summers in Italy. We would go back to the ancestral town, Corfinio, and the whole family would. And, you know, while we were there, my dad made business contacts in the north of Italy, Turin and Milan, where the plastics business was happening—not only just for Italy but for Europe, in a way. And he made contact with various designers, the most prominent of which was a house called Leonardo, and had some designs done for plastic housewares. And I mean mixer, decanter design, that was just kind of thing where, if you saw it today, it would be just as beautiful today as it was. You know, classic, modern design. And he picked up on that. And, you know, purchased some designs from that house and began to sell them, manufacture the products and sell them. 5 He didn't even know the process but continued, I think is… you know as we continue to maintain a relationship with Italy in terms of going there in the summer, I think he was probably more aware of what was going on in Europe, both by way of Danish and Swedish and Finnish. Right from the very start his proprietary line probably had an edge in terms of quality. I think he was probably… he was a leverage, I think, pretty much to the Hilton those days. But I think that what happened was, once these designs hit, they were just enormously successful. In fact, there was one item, I think if you ask him specifically, there was one item that really was all the [doctoring gamble], which item was sort of a revolutionary item. It was the decanter that now I think we all probably recognize, the one with the measuring lines on the outside and the flip top, little spout on the top, you know, where you take the soft lid and put it on top. And now it's an archaic item, but in those days I think it was a bit revolutionary in that it replaced, you know, the glass pitcher that lemonade would go in, for example. That, I think, was probably the item that provided most of the working capital to go ahead. I would say that was the most significant item. LINDA ROSENLUND:Ask for a design they have an idea of art and then they make contact with? JOHN CLEMENTI: Well, in those days there was a—and there still is, in fact—a national houseware show in Chicago. And I believe that they saw it in Chicago, because my dad would exhibit with everybody else. And I think they saw the item and liked it and tried it on, and it became wildly successful [unintelligible - 00:11:42] a springboard for other items. In fact, I think that was the first, and then the items from Italy that were really high fashion came later. So that, I think that was probably the item that really made the difference. And of course, you could -- the world thinks that 6 came from that. In other words, you had the decanter, now you make the tumblers that go with the decanter, and it sort of becomes a set, and off you go. And there are other sets then, you know, that… pitchers and tumblers, you need bowls, and so you make bowls. And then you need colanders. You know, all of that sort of houseware items that we've come to realize is sort of … you know, the staples of plastic housewares—laundry baskets, lace baskets, all of those things. The line eventually evolved and grew so that it went from things like small tumblers to wastebaskets and trash receptacles, big, 34-gallon trash receptacles. The company evolved, such that from, let's say, from, 1967 it went from a small custom molder to a full-blown housewares manufacturer with a proprietary line. There's a real difference. I mean, custom molder, you're a job shop working for other people. And then as a proprietary line, you are a brand name, and you are manufacturing for yourself. And I think that was a crucial revolution, really, as far as… LINDA ROSENLUND:After more… JOHN CLEMENT: Yeah, I think -- you know, in Leominster, where in those days there were scores of custom molders, custom molders being people who manufactured items for other companies. You know, I think everybody's dream was to have their own proprietary line because you could essentially control you own fate. And my dad was… you know, enough of a visionary to realize that even early on, and thus the importance of coming up with designs that were at the time, at least, you know, innovative and different and would provide an [entrée] in places like Woolworths, for example, that he might not otherwise ever be able to get into given the existence of companies like Rubbermaid at the time. So I think that was a big, a major factor in, you know, being successful going forward. 7 No. Mr. Dimassa was the owner and chief executive of the company called Star Manufacturing, and that's where my dad was a shift foreman, where he learned the art and science of plastics. And he left Star Manufacturing to purchase Yankee Plastics, which was not much more than a garage type operation, very small manufacturing plant with, you know, with not much in terms of sales and not much in terms of machines. But he left Star Manufacturing to buy Yankee Plastics with his life savings and start, you know, in the business as a proprietor. I heard them talk about it. And I heard my dad talk about it and… basically say, I think, with a lot of admiration, that my mother just -- my mother never ever reminded him of what he was doing and what the risks were involved and, you know, the potential downside. Basically, she was there to support him in whatever he felt he needed to do, and that she always basically had faith in what he was doing. She never had much doubt that it was going to be successful. Yes, yes, yes. LINDA ROSENLUND:… while he was at Star Manufacturing? JOHN CLEMENTI: I'm not sure of that, but I'm pretty sure, I'm pretty sure that he was doing both, yes. He was working two jobs at the time. LINDA ROSENLUND:I never really understood… JOHS CLEMENTI: Well, I think it's… again, I hate to speak for him in that regard, but I think it's because it was a [solicit] income that didn't require a tremendous amount of sophistication if terms of the language, in terms of, you know, business relationships, banks, regulatory agencies. You know? It's a pool hall. People put down money and play pool, and that's that. So it's fairly straightforward, easy kind of business to get into. That doesn't mean you're necessarily successful at it, but it's… you know, if I had to guess, I would think that was the reason. 8 LINDA ROSENLUND:Well, I don't want to put words into his mouth or your mouth either, but I can remember, when asking him about social clubs, he said, "Oh, no. I never belonged to a club," but I got the impression that the pool hall was… JOHN CLEMENTI: I don't know. I don't know about that. I think he probably met a lot of people that way that he might not have met otherwise. But I never had any impression from him that it was a social thing. To me, it was strictly, from what I could tell, a business thing. And it wasn't… again, from what I could tell, the clientele there was not… Italian. It wasn't Italian American. It was just at the pool hall in another town and, you know, in the early '50s. And my dad would always say that, you know, was unfortunate, but pool halls always did well when economies didn't do well. Because people were laid off and had time on their hands, you know, what do you do? And, you know, the pool hall is strictly, from what I could tell at least, an economic thing. LINDA ROSENLUND:At the pool hall, when he fought Yankee… JOHN CLEMENTI: I believe he did. You know, I'm pretty sure that he did. In fact, I think that it was before he did that, and it wasn't simultaneous in my recollection. LINDA ROSENLUND:Are there any differences in your whole life… JOHN CLEMENTI: Gee, you know, to tell you the truth, no. My life, my social life was more or less the same as it always was, which is substantially different from the way things are nowadays in a sense that, you know, people visited each other unannounced. You know, people would show, you know, the Italian talking about the Italian, relatives and friends and acquaintances. There was certain informality, you know? It was not unusual maybe a couple nights a week to have people show up at your house for coffee after dinner and talk, or in the summertime to show up and sit up on the porch or whatever. You know, and that continued 9 right on through. So to that extent, nothing really changed. My dad had been working a lot of hours anyway, so he continued to work a lot of hours. And really, our lives… you know, at least for a child, which is what I was, really didn't change. I mean, I think it's fair to say things, you know, things got moved. When I was in the second grade, we moved to another house that was newer and nicer. But substantially, not different from what it was before. So I can't say that life really changed at all at that time. Again, I didn't perceive that anything had changed. The big thing that would've convinced me as a child that we, you know, that we were doing well and that, you know, my dad was a successful person, was, you know, the trips that we would take to Italy in the summertime. Because at a certain point, I realized that not everybody went to Europe every summer. You know, as time went on I realized what a big deal that really was. LINDA ROSENLUND:Were you going to… JOHN CLEMENTI: At the beginning… I can't remember exactly. I don't think she was still living there, but we had -- we just had lots and lots of relatives there. And we have -- the ancestral home was there, and it's still there, the house that my dad grew up in. And at the time, there was sort of a ritual that happens with Italian immigrants from Central Italy and Southern Italy that have kind of gone on this, you know, sort of the… the exodus from Italy, especially in the post-war. They returned in the summertime, usually for the month of August. And it's a little known fact, but there are… tens, if not hundreds of thousands, of Italian immigrants in places like Australia, Argentina, Canada, huge number of Italian immigrants. France, Germany, Luxembourg, Belgium. And these people in the summertime returned to Italy because, among other things, it's vacation in Europe the whole month of August in Italy. No one works. It's a vacation month. 10 And people -- it's kind of a class reunion for everybody. And so, for example, I don't think it's an exaggeration to say that our little town of a 1,000 people becomes a town of maybe 3,000 people in August. And so this became sort of a ritual with our family that we would go back for the month of August and… you know, my dad would basically see the people he grew up with, his classmates, his friends, his relatives. And my mother too, because obviously my mother was brought up there as well. And so, you know, it sort of became, as I said, a ritual, or something that was expected. Of course, in the meantime, my dad was, you know, was also doing business, going to design houses, mold makers and talking to the people in the business in Italy who were sort of making it happen over there. And, you know, would build some tools in Italy, get some ideas et cetera. SPEKAER 1: Do you want me to stop this? JOHN CLEMENTI: Yeah. And as I say, for my dad it was business and pleasure, you know, well… nice for me because it afforded me a chance to see cities like Milan and spend some time in big cities whereas… you know, outside of the usual tourist traps, if you will, and get to visit, you know, some companies, and to see Italy as an economic entity as opposed to a tourist entity. And I have to say it was a significant education to me. Because among other things, it allowed me to keep the language, which, you know, was usually lost at some point. But that became I think a very important part of our lives, because for 10 years, I'd say from 1960 to 1970, I think we went every year. Yeah. And just last year my daughter, who is now a senior at Dartmouth, learned Italian and spent a term in Sienna. And we were able to visit her there and that was just a real joy. I was thrilled that she decided on her own that Italian was the language she wanted to learn. And so that was sort of gratifying. But we, 11 the family has been back to Italy, and… I think they enjoy very much and I think they're proud of that side of the family that it's of Italian heritage. I hope that they, you know, continue on and will… learn more about Italy and become more involved with the culture. But that's something they almost have to do on their own, simply because having married someone who is an Italian, it becomes a little bit more difficult. LINDA ROSENLUND:… recruit some of his friends in Italy that have come to America? JOHN CLEMENTI: No. I think… interesting, going back to Italy in those years… I never perceived an overwhelming desire on anybody's part at that time to come to America. Because I think by then, it was pretty much over. Italy was enjoying an economic boom. People were doing well. There was a migration in Italy. People from the south went to the north to work—places like Turin and Milan—to work for companies like Fiat, you know, Pirelli. You know, big companies. And so, there was very little impetus at that time for anybody to come to the United States. I think that was pretty much over. LINDA ROSENLUND:Now, when you… JOHN CLEMENTI: All the time. And it was, it was sort of a wakeup call, because when we first went to… Italy in 1960, it… it was a lot different from what it is today, in many ways. Our little village was primitive. There were maybe three automobiles. There were only a couple of television sets, and they belonged to fraternal organizations. There was no television before until eight o'clock in the evening. It was just so different from what we as Americans expected in terms of lifestyle. Most of the houses didn't have full indoor plumbing. Animals—horses, oxen—were used for transportation. People worked in the fields largely with their own physical labor. It was a very rudimentary agrarian 12 economy, much like what you would see in a third world country today. It would be unfair to call it a third world country because there were obviously other things going on in the big cities, et cetera. But for a ten-year-old child, it was a real eye opener. It was very exciting in many ways to be able to be stepping back in time. But by the same token, I realized that it was a life that was substantially harder than what I was used to. And the natural result of that was to think, "Boy, if we didn't come to the United States, this is the way we would be living now." LINDA ROSENLUND:… back to the village? JOHN CLEMENTI: Well, extraordinarily well. All of our relatives and friends were happy to see us. I mean, they really couldn't have done more for us. They were very lavish in their hospitality and would just about do anything for you to the point of almost being an embarrassment. And so to that extent it was just wonderful. For me, it was a lot of fun because, as I said before, at that time there was a language gap. I'd learned Italian before I learned English, but then I went to school, and, like most American kids, children of immigrants, you don't want to speak the language in public. And so the Italian, while you could understand it, you were always hesitant to speak it. And so when I got to Italy, if I wanted to communicate, I realized that I got to try to speak it as well. And… they had some fun with me and, you know, my brand, my version of the dialect that's spoken in our little village. But we got along well and we had a lot of fun, and it just sort of drew from there to the point where when I was in high school, going back -- I don't think that it was sort of like, "Oh, he's back again." And, you know, I knew everybody and they all knew me, and it was sort of like going to a summerhouse, like [unintelligible - 00:29:35] or something. It was, it became that kind of thing. 13 LINDA ROSENLUND:… dad must have spoken the dialect as well? JOHN CLEMENTI: Yes. LINDA ROSENLUND:So how did he communicate with the businessmen…? JOHN CLEMENTI: Oh, it's interesting, this whole notion of the dialect. I think you'll find, even in Italy today, that some sort of switch goes on and off when you enter the region or when you enter the village. You speak dialect, but when you're anywhere else you speak Italian. It's a phenomenon that I don't think exists here in the United States, where people speak both pure Italian and dialect. And this is true wherever you go. And I noticed this when we do business, as we still do today, with companies in Italy, especially up north. We communicate in Italian or in English, but I know that the people that I'm dealing with, the principals, they'll communicate with their employees in their dialect, which I absolutely don't understand. And if I communicated with my relatives with them present, they wouldn't understand me either. LINDA ROSENLUND:I thought that was more of a recent… JOHN CLEMENTI: I would think, and I hate to speak for Italians, but I think what they would tell you is that people who -- descendants of peasants, say, for a lack of a better term, when they would go to the big city, would speak relatively poor Italian, simply because they spent all their time speaking dialect. But they would know, they would know what they should be saying. And so as time has evolved and education became such that everybody is literate, everybody in Italy speaks the same language. But when they go home, they speak their dialect. And it's a really interesting phenomenon that I don't think as an American I would ever come close to understanding if I didn't go over there to see it firsthand, how someone could be extremely literate. Well, for example, I have a cousin who has written a book—actually, I think books—about classical history, Julius Cesar et 14 cetera. Extremely literate in Italian, and yet when he walks down to the piazza to talk with the guys, boom. He speaks dialect, and just as quickly can go in and out of that mode. So it's a phenomenon that I think still exists, probably to a lesser extent, because I think young people with mass media, watching television, listening to the radio, the Italian becomes modernized, and it is what it is. LINDA ROSENLUND:… now there find it difficult being [unintelligible - 00:32:44]? JOHN CLEMENTI: It's in central Italy. LINDA ROSENLUND:But did he found it difficult going to the north and being taken on seriously by the businessmen up there? JOHN CLEMENTI: You know, I don't think that occurred because… let's not forget, I mean, in the business world he was American. And it was an American company. And even though he spoke Italian, speaks Italian, knows the culture, you know, I think that's the way he was dealing. I think he was always taken very seriously. However, that doesn't discount the fact that there is a, to this day, a dichotomy between north and south. There is a certain… I don't know how to put it, but there's a definite culture clash between the north and the south of Italy. And the northerners view themselves as much more sophisticated, refined than the southerners. And as the southerners, you know, have a similar view of themselves compared to the northerners. In fact, there was actually a movement in the north of Italy to secede from the country. There were this movement, as recently as four or five years ago, for people from the Po Valley to create a country called Padania and secede from the country of Italy. And it doesn't look like it could be real, but I assure you, very real phenomenon. But that was there, and I think that's still there. But I don't think it ever affected my father's ability to do business there. 15 LINDA ROSENLUND:What about accent? JOHN CLEMENTI: You know, again, I think that America has been remarkably fair and welcoming to my father and people like my father. I've probably been -- you know, my father, and people like him who have accents that become self-conscious about it and so forth, I think my dad would tell you that he's been treated fairly, you know, by banks, local banks, who had faith in him early on. And I don't think he's ever forgotten that. I honestly believe that when it comes to discrimination, I think it's there, but I think that to be fair about it, I don't think it's ever been an impediment to me or to meet people, Italian Americans who have a certain sensibility, a certain sensitivity, you know, that it exists. I mean, you know, there will always be… you know, the untoward comment, the, you know, the references, you know, the mafia references that [unintelligible - 00:36:02] me personally. LINDA ROSENLUND:Not even at… JOHN CLEMENTI: Not even at Deerfield. In fact, particularly not at Deerfield. And that's one of the reasons why I personally love the place so much. Because, you know, I think everybody knows and everybody knew at the time, you know, Deerfield was sort of the quintessential Yankee. But the headmaster at the time, Mr. Boyden, Frank Boyden, who's sort of a giant in secondary education, he treated us all the same, and I never… certainly institutionalized from Deerfield. You would get a wise comment from a kid here or there, you know? I chucked out to the usual ignorance that you would find in a high school. I felt that Deerfield, to me, was crucial in my life. I think it was the single most important… Well, let's see. The ethos at Deerfield then and even now was, work hard, play hard. And a certain discipline at the place. By discipline I don't mean a military style discipline, but there was a 16 lot of work to do. It was hard. It was a real interaction between the faculty and the students. And I often tell people, we were as students probably respected by the faculty far more than we deserved. And the place sort or inculcated a sense of responsibility, a sense of giving back to the community. You know, a sense of [unintelligible - 00:37:50] your affairs in a courtly manner. You know, being mind and being understanding. You know, I don't think that was necessarily happening in high school for me. I think it just took my… just took who I was and sort of took me to another level, sort of challenged me, stretched me. I often feel I could've graduated from Deerfield and not gone to college, I'm not sure how much of a difference… It was mine. I mean, I was just going through my sophomore year. You have to realize, it was 1966, and the world was sort of getting to be a little topsy-turvy. You know, the drug culture had made [unintelligible – 00:38:38] in Leominster. And, you know, it was just a confused age. I was doing well in school, at least in terms of grades, but I didn't feel I was achieving very much. But I was probably doing well in a group of… really doing all that well. I thought I was just going through the motions, to tell you the truth, and I felt this sense of malaise about it that, you know, that hammer is going to fall here sometime. And you know, I don't like the way this… and, you know, I just started researching prep schools. I just thought I need to get out of here, down to Deerfield. There were kids that I'd gone to school with who had left and gone… More than anything, what happened was I went --when I was feeling this malaise, I just decided to go to the library and pull out catalogs, where I can get some catalogs. And, to tell the truth, they were very exciting. You know, [area in Dover], 17 Deerfield, you know, the idea that you could play sports on any level, you could study subjects that weren't necessarily offered in high school, and I think the idea of being away from home. I wasn't afraid of it because I've, you know, gone to Europe. It was kind of all of those things put together. I mean, my parents were a little bit taken aback, "Why do you want to leave? What's this all about?" But, you know, after going through the process, the tours and all of that, I think they kind of said okay, and so off we went. LINDA ROSENLUND:So you apparently knew… JOHN CLEMENTI: Yeah. But at time it was fairly clear that we could afford it. I think I knew that in my mind. After all, as I said before, we've been going to Italy now for, you know, at that time, seven, eight years, six, seven years. And so I didn't doubt that that was the case, so… LINDA ROSENLUND:… get the sense that your family was very successful and perhaps -- so [unintelligible - 00:40:58] the other students. JOHN CLEMENTI: [Unintelligible - 00:41:01] at Leominster High? I mean, I had that sense, you know, occasionally, but it really wasn't an overriding factor. I mean, I was pretty much of a happy camper in a way. I had a lot of friends, I loved sports. I was on teams with people. I never felt different, I never felt singled out, I never felt exceptional. It was really… as I said before, it was more a question of worrying about sliding down the slippery slope, if you will. Because, you know, I knew friends that, you know, one year were afraid to go to a dance and in the next year were dropping acid. So it became a kind of thing where I really felt that I wasn't going to progress hanging around. I thought I needed a change of venue. You know, I mean, the factual answer is yes. But I never -- it was important in a sense that they monitored my grades and spoke to my teachers and made sure 18 that I was doing what I ought to have been doing. But I think as time went on, as I got into high school, I think their ability to influence what was going on became less and less, simply because the issues I think became more and more complex. And, you know, they were dealing with them was less and less, simply because now instead of talking to a teacher, you have to talk to every one of these teachers and you need to have a better knowledge of what was going on. I think another thing that I've realized quite honestly is I think is the reverse of what you were asking. I was a sophomore in high school. I believe there was a switch for my philosophy of tracking students to a philosophy of open classrooms. And I have been attending school with same group of kids more or less since seventh grade. And as a sophomore, all of a sudden I realized I was in classes with kids that I'd never been in classes with before. And I think I came to the realization, and then I looked around and I thought it was me, and I thought, "Oh, I'm no longer in the top group. I'm now in the lesser group." But then I realized there were another two, three kids that I knew were very bright, that I knew were, you know, smart as anybody in the class, if not smarter, that were with me, but that there were classes where all the kids were bright. I don't know if this is true, but I surmised that if your parents were on the ball, if your parents knew what the score was in school, that they knew who the good teachers were. And along with the program, then you would be one of the guinea pigs in the open classroom. And this is sort of getting back to your question, "Why did you go to Deerfield?" I think what really set me off was an English class that I was in, in which… it was pretty clear that the class remain in the [gamut] from the brightest kids in the school to probably the least talented in the college curriculum. And the class 19 became a series of same kids putting up their hands, coming up with the answer, being ridiculed by the kids that didn't have the answer, who felt insecure and [badly]. And then what would happen is you would just realize this wasn't advancing the knowledge of the class. And so I thought: "If this is the way it's going to be, then it may be time for me to…" that was another; that was a pretty important fact that I neglected to mention, but… I felt badly for the teacher. Because what happened was she just started teaching to the mean. It all fell apart, in my opinion. [Laughter] SPEKAER 1: And I'm talking about… during high school. JOHN CLEMENTI: You know, I hate to speak for him, but wouldn't have surprised me if he did. I think he probably did. LINDA ROSENLUND:Did he push you for an education to go to college, or… JOHN CLEMENTI: Oh, I don't think he ever did. I don't think he ever expected me not to go to college. And by that time, having gone to Deerfield, you know, that was a totally different culture. And, you know, everybody was going to go to college. In fact, the game changed when I went to Deerfield. Another big reason why I went to Deerfield is in those days I really wanted to go to an Ivy League college. Go to on Ivy League college? Well, interestingly, my sophomore year in high school I was on the debate team, and we had a pretty good debating team in those days. And we went to [unintelligible - 00:46:37] which were up at Dartmouth and Hanover. And I remember to this day, because it was in February and it was classically Hanover, snowing all day long. But… I just, you know, I want to do it, this is where I want to go. You know, I want to go here. At that point, I think that kind of finalized the decision to leave Leominster, because my ability to get there would be seriously stained. And so, you know, I started applying to these other places, [unintelligible - 00:47:11] whole 20 thing evolved. My parents had interestingly -- it's funny, because I had a discussion with my dad about it. You know, my dad, his recollection is he sent me there. My recollection is I wanted to go there. Because really, we have no relationship to any of those kinds of schools. Back to funny story. When I… about that time, and it was in the winter, was in February, I think, I had applied to all these schools and I was now on my schedule. And my dad was still working, you know, hands-on. And I'll never forget, we had an interview at Phillips Andover Academy. And my dad was still, you know, he picked me up, he was still dressed in his work clothes. We went to Phillips, sitting in the admission's building. You know, there's old piano, old room, books, and a fireplace roaring. And it was really warm, and dad was just exhausted. And he just fell asleep. Officer was critiquing my [laughter]. And so, you know, that was kind of my recollection of that episode, which now I think is really funny and is really kind of -- but now I think about it, it's like, "Sure, he was tired. The guy was working really, really hard. He was exhausted." I mean, I dragged him out of the plant to come to this… I knew what was going on, you know, in those days. Not then, you know, they didn't know. They kind of got it from other people, it's the kind of deal was, you know, Philly, you know, that kind of thing. And I think in Deerfield they kind of started to get the idea, because Deerfield was the soul, it really still is. It's just, you know, [unintelligible - 00:49:12]. And don't forget, it was 1966. You know, [GI dye] shirts, long hair, the whole bit. Boom, Deerfield, you know? Coats and ties, suits, you know? You think they were kind of blown away by that. I think they thought to themselves, "This is the best thing that ever happened." You know? My mother tells me now that it broke her heart when I left. 21 LINDA ROSENLUND:What were parents' weekends like or parents'…? JOHN CLEMENTI: It was… it was fine. You have to realize, going back, in a way. And so, you know, I think that kind of went away. There's a kid growing up and that's why I see these Hispanic people working here a lot, and I really emphasize. I know what it's like. You know, they want the same things we want. We all want the same things. But Deerfield was… my parents, I think they're very proud of Deerfield. They… it's something I wish they had, gone to public schools, but quite frankly, I just… in this day and age I just never felt… I just didn't feel that public schools were living up to -- I went to Bancroft school in Worcester, and then they went to Deerfield. My girls went to Deerfield and my son is at Deer- -- I have a long Deerfield tradition. LINDA ROSENLUND:You keep the tradition? JOHN CLEMENTI: But I can get them to go elsewhere but they keep following me. So [unintelligible - 00:51:06] letters at Dartmouth. I have senior and freshmen, both of whom went to Deerfield. They've had wonderful careers. Now I have a son, Alex is a freshmen at Deerfield, and… yeah, I think when I went it was $3,700 a year. It really is. It's a… LINDA ROSENLUND:Follow up with you a little bit, then you decided to pursue a law degree? JOHN CLEMENTI: Yeah, I went to law school. You know, it's something I wanted to do from when I was in high school, really. And you know, it was… I went to Boston College Law School. But, you know, I had to decide what I wanted to do—did I want to go to a big city and, you know, could I come back here. I'd been interning here for this firm that I eventually joined. And they liked me and I liked them, and so when it came to, you know, the time to figure out what I wanted to do for a living, I'd lived in Boston at that time for three years. And that was great, but I -- there was a 22 chance to, you know, make an impact going back to my hometown and going to a small town all the time. You know, all the time. And, you know, I think it was just… have a guaranteed job in the city and all that stuff. I thought that that's what I wanted to do. So I joined the law firm and… I enjoyed it and had fun. I liked the people a lot and I liked the law a lot. And it was really a joy with people I met in the law. And at the time I was doing mostly litigation. I was mostly in court doing mostly criminal work. And… that was fun. But at a certain point I realized that's not what I really wanted to do for the rest of my life. And just about at the same time I came to that conclusion, this company, Plastican had been formed and had been a going concern for about… seven or eight years. And… we had a plant; you know, in Leominster, about 70,000 square foot plant, and there was potential to get it bigger and to do other things. But my dad, at that point the jobs and so forth became much more specific in a point became this, "Listen, there's a lot to do here. There's a lot of potential here, but I'm at the age where I'm not going to do it. I'm not going to go [unintelligible - 00:53:56] all over the United States to do what we need to do." And so, I thought about it and realized that it was exciting, it was a lot of upside potential, and so I left the law and joined the company, and in sort of a COO, beneath my father. And the first task at hand was to set up some sort of a operation in the west, and so I went out and scouted the west and decided upon Dallas. And we… at the warehouse operation there we built a plant, begin to manufacture product there, and established a plant in Dallas in Texas. That was in 1978. And off we went. And then, a few years later, we realized that we had a plant in the east, a plant in the west, but there was a lot of business in the southeast. Florida 23 was a growing state. Georgia, the Carolinas. We really needed a place, a plant there. And so I, you know, we did the same thing, and I went down to and scouted the Southeast and came upon Macon, Georgia after much research and lots of trips to Georgia. In the meantime we add it on to the plant in Dallas, and since add it on to the plant in Macon. And then three years ago we built, we purchased a plant in Phoenix, Arizona, and so now we have a plant in Arizona. As for the Plastican side, we have four plants, and we're selling people coast to coast, so to speak. LINDA ROSENLUND:Now, you get an experience with the plastic industry? JOHN CLEMENTI: Oh, yeah. You know, in high school was the summer job, you know, was… you know, before it was time to go to Italy, in June, July, we worked in the plant, and so… but it was all about in terms of how it works and what you do. I had experience with that. I was here all the time in the summer, so I knew everybody and I knew everything that was going on. Well, you know, that's interesting. Yes, because I did have a part time job after school working at a local accountant's kind of doing arithmet- that was sort of after school from, like, 2:30 to 5:00. So I guess the answer is yes. I don't know how that happened, but I did have a part-time job, yeah. I think it was just the winter, because I didn't play any sports in the winter. LINDA ROSENLUND:… that you were [soft]? JOHN CLEMENTI: No. To be honest with you, I don't remember. I think I probably wanted the money. You know, in high school you could use a little more money. Yeah, I played baseball. It's the sport I cared about most. And I played football too. And that was another reason actually that I went to Deerfield, because Deerfield had great baseball, got my hand at another level. And so that was another impetus. 24 I think they just assumed that that's what kids do. It's interesting because… my parents never saw me play. You know, my dad was always working and my mother, you know, didn't really care, which was fine with me. And… it's another story. My dad saw me play the last game I ever played on the parents' weekend, right before graduation. And it was interesting, because he… you know, he was sitting in the stands and so forth and so on. And… so, we played the game and that was at that. After the game he said to me, "You know, I was talking to this really nice man in the stands, and he said that he thought you were a pretty good player." "Well, that's nice," I said. He said, "Well, you know, it's interesting. His name was DiMaggio." Well, it wasn't Joe DiMaggio, and I don't know if he was related to him. As it turns out, it was Dom DiMaggio, who played for the Red Sox, played centerfield for the Red Sox, and his son Paul was in my class. And, you know, it was kind of funny that, you know, Dom DiMaggio tells my father that kid's pretty good. Who's that kid? And he says, "That's my kid." And it was the only game he ever saw me play. And to this day, I have this sort of… conflict, you know, when I see, you know, soccer moms and little league parents and so forth. I think myself, all the fun I had playing, my parents weren't there. And I'm thinking, "You know, maybe I had a lot of fun because they weren't there." And I didn't have to do anything for anybody, you know? You know, I played, and whatever would happen, happened. And inevitably I had fun, and that was at the end of it. You know, I didn't have any dad telling me what I should have done or mom screaming at me for doing something or -- you know, it was kind of -- I left it there. So when I talk to parents now about that whole thing, you know, who feel compelled to see every single game, the every single practice. And I personally don't feel that way; I just don't 25 feel that way. I go to watch my kid play football, but, you know, if I don't go I don't feel it as a big deal. I don't have to do it. You know, that's another story. And so, the Dom DiMaggio thing was really, was a fun thing, to this day. LINDA ROSENLUND:Did you ever feel like you could go beyond? JOHN CLEMENTI: As I got older I realized how far I was away from going on. At Deerfield I played with guys that went to the major leagues. And, you know, I realized what the difference is. There's a difference, you know? [Laughter] LINDA ROSENLUND:… like who? Who played in the major league? JOHN CLEMENTI: Well, there's a guy who's now the coach at Brandeis, a guy named Pete Varney who's a footnote in history because he was the fellow that caught the famous pass in the Harvard-Yale game, 29-29 tie with the… the headline in the school paper was: "Harvard defeats Yale: 29-29." They scored I think, 26 points in, like, three minutes to tie the game, and he caught the extra point that tied the game with no time left on the clock. So Pete Varney was a footnote in history. But he played for the Chicago Red Sox and, you know, he's a big, strapping guy that could really hit. And the, [Ralph Teiner], the announcer of the [unintelligible – 01:00:45] for the Giants was at Deerfield. You know, just the slew of kids. A kid named Willie Roberts who played for the Houston Oilers and footballer Gary Bonner who said, "All the Russian records are…" you know, you can tell. I mean, there's a difference. I wasn't a very good athlete. I was a good player because I really liked the game and I knew how to play it, but I didn't have the ability to become [laughter]. I wish I did, but I didn't. LINDA ROSENLUND:And getting back, we talked about this just a little bit before I turned the recorder on.26 JOHN CLEMENTI: Oh, well. I mean, I ask the same question you were asking me. Because their kids, you know, they were… people from our village, from Corfinio, that are living here in Leominster who gave their children Italian names—Sandro, Pulino, Vega, Rosana—I mean, real Italian names, which are lovely and I love -- you know, I love them. And I said, "You know what's this, John? Why not Giovanni?" And dad and mother both said, "No! We named you John on purpose so you wouldn't get stuck with one of those names." Kind of interesting that they were thinking that way. To me it was kind of surprising that they were thinking that, because, you know, I think about it now, my dad was 22 and my mom was 21. It took a little bit of thinking, you know? No, I was born… LINDA ROSENLUND:But coming in, I thought you were born in Italy. JOHN CLEMENTI: Well, that's kind of interesting the way life works too, because she is very similar to me in the sense that her parents immigrated at just about the same time. And they were born in Latvia and were displaced people because they were invaded by the Russians, and then by the Germans. And they were taken to war camps in Germany. And her parents met in the war camp in Germany. All of these people who were displaced people were given the option of returning to their homeland or [remain there]. And because Latvia had been occupied by the Soviet Union, by the Russians, the word had gotten out as to what life was like on the other side. They decided not to go back to Latvia, and I guess were able to immigrate to the United States through the auspices of a church group, essentially as refugees, but even more so. So my wife was born in Germany. They didn't emigrate until… they immigrated though. It's interesting, you know, marrying a Mediterranean, marrying a [unintelligible - 01:03:52], 27 essentially in Nordic culture. But I think the common bind, you know, bound, being bound together by the immigrant thing, we understand a lot of the same things. You know, the bit about all of that stuff. All of the things, the feeling awkward, the sharing understanding of those things. Grew up in New Jersey. And it's really funny, you know, I've… her dad was a very successful contractor. And… she and her siblings all went to private schools. She went to private school. It was sort of like the same thing. The same thing happened, you know. You think you're unique and you realize you're far from it. LINDA ROSENLUND:How did you meet her? JOHN CLEMENTI: Blind date. Blind date. It was the Feast of St. Anthony in the North End. And law school at the time and a friend of mine who was living in Boston who said, "J, you know, my girlfriend has a friend, you know, up from New Jersey," and, you know, "would you like to go out with her?" "Sure, why not?" In those days, and I guess still today, every week in the summer there's some feast or another, and I go up there. It was a bit of a happening, and so… we had a blind date, and that was that. LINDA ROSENLUND:[Unintelligible – 01:05:29] JOHN CLEMENTI: Yes, it's really… I think back now, and it really is. Because you know, immigration, from Western Europe was over for the most part, by then. You know, there were very few immigrants that came to this country, you know, much after, 1948, '49. I meant, from Western Europe. I mean, they came from other places, from South America and Asia, Africa, but not many from Western Europe. So, it was -- yeah, it was… I think so. Yeah, definitely. You know, I guess, of the heart, it doesn't work that way. [Laughter] LINDA ROSENLUND:And a different religion. 28 JOHN CLEMENTI: Yes, she's a Lutheran. Yeah, I think it… my parents were remarkably disciplined in bearing, in that regard. And so were hers. They were both smart enough to know that, you know, if this has been what's… you know, go along and let's respect the choices and… you know. You know, it's been fine. It's really interesting. They feel both. As I say, my oldest one speaks Italian. My middle one really looks Italian. And my little guy, you know, I think he's at that age where, you know, he doesn't really feel -- but, we went to Latvia last summer, visited Latvia for a week. And it was great because I wanted to go, I wanted to see one of these former Soviet countries and see what life is like there. But it was good for them to see where their grandparents came from and, you know, to really get -- when I say, you know, they've been to both places and I think it's fair to say they feel a real affinity for both places. It really was… the impression you come away with is that it's a country that's really trying hard. Very interesting. You see construction cranes everywhere in the capital city, which is Riga. And very interesting phenomenon there. The country is divided in half ethnically. Half of them are ethnic Russians and half of them are ethnic Latvians. Who are, the Latvians are basically Teutonic in what they are, you know? They're very Germanic. And the Russians are Russian. And there's a real split there. And there's a great deal of resentment left over from the Soviet occupation. And there's resentment both ways. And the leadership of the country is very interesting, because when the country was liberated, children of immigrants -- and immigrants could come back as citizens. And so the prime minister of Latvia is a Canadian woman. And all of the signs in Latvia are written in three languages: Latvian first, English second, and Russians are not too thrilled about that. But the Latvians understand that, 29 you know, English is the -- it's really interesting. I mean, it's just, watching the country develop. You know, the average income there is, like, $250 a month, you know? They email some in Latvia. They're fully aware of everything that's going on in our culture, movies, CNN. Kind of, like… community is in sort of a weak fog, everything that's happened in the last 20 years up an away, and kind of bringing the country into the modern period without having to go through all the baggage of what has gone before. So, it's a real eye opener because all of the vestiges of Soviet domination are still there. I mean, these horribly snotty apartment buildings that are so depressing. You know, it's depressing architecture. And on the other side, avant-garde, hard music. It's a country that is leaping, you know, just jumping right out of the '40s into the, you know, the 2000s without anything in between. And it's happening. LINDA ROSENLUND:Are you hoping to do business…? JOHN CLEMENTI: Honestly, we don't export much of our products, so I never really thought -- on a personal level, no. I think it's just the… it's interesting. You fly through Frankfurt, boom. You know? Connect to Riga. Yeah, it's only an hour. Then from Riga we went to Stockholm, Sweden, which is only an hour. And there's a flight to Estonia. LINDA ROSENLUND:From Stockholm? JOHN CLEMENTI: Mm-hmm. Probably. We were in Stockholm this summer ourselves, we were in June, been there in June. LINDA ROSENLUND:Is there actually, by Stockholm, it was the… JOHN CLEMENTI: Yes, I was surprised. I don't know why I was surprised, but Stockholm just impressed me massively. It's a really beautiful, beautiful city, very impressive. You know, they have that magnificent park across the bridge, really impressive to me. LINDA ROSENLUND:… all of a sudden they've been able to…30 JOHN CLEMENTI: Infiltrate [laughter]. You know, that's a funny kind of situation. By the time that I became a member of the club, I think there was no longer any need to infiltrate. I think that that had changed completely. I remember a very dear friend of mine who was a member at the time—I was a lot younger—asking me if I wanted to be a member. Really hadn't given it much thought, and I said no. And since I've spoken to Jewish people, it was a real thing there. You know, there was, there were clear notions of the time when a Jewish person couldn't be a member. And I think some of those people sort of said, "Well, you know, that was then. This is now." So, you know, to me, I kind of view it as a… doesn't have nearly as social significance it might have had 20 years ago, or 25 years ago, when it really [unintelligible - 01:12:13]. It's no longer relevant to me. I don't think it's any longer a symbol of anything. I don't think so. LINDA ROSENLUND:No? JOHN CLEMENTI: No, I really don't. No. I think those days are long gone, honestly. You know, they may exist somewhere, you know? In the South, or you know, New York. Maybe it's important what club do you belong, but I don't think it's important at all. SPEKAER 1: … product these days at Plastican? JOHN CLEMENTI: Five-gallon bucket is and always has been the most important product. It's the workhorse of the rigid packaging industry. You know, we package everything from swimming pool chlorine, driveway sealer, paint, driveway, drywall compound, detergents, industrial chemicals, you name it. And back then it's five-gallon buckets. So it's a staple item. Lots of them, but that's the good news. The bad news is there are lots of us doing it, and so it's a very competitive business. You know, technology has always been an important part of what we do, and so…we try to keep on the cutting edge in terms 31 of technology. And only can make them quickly but also to make them well, so that the quality of the product is consistent over time. Packaging products get transported vast distances, and so it's important that the seal is really good and that the product is real good. We purchase recycled resins, and so we manufacture product out of recycled plastic, reclaim containers from customers that want us to so that we can assist in closing the circle. We have a very interesting product, which is the curbside recycling bin, the blue boxes you see on the side of the road. We manufacture those as well, and we manufacture those for the state of Massachusetts. And what we do there is we use recycled resin to manufacture the recycling bins, and so it's kind of -- well, I don't know. The way we kind of divided the tasks in the end, I basically run the day-to-day operations. I'm [unintelligible - 01:14:42] marketing personnel, human resources, purchasing, for the most part, the day-to-day operations of things. My dad, on the other hand, is concerned with things like capital purchases, big machines, molds. And he purchases raw material, resins. You know, the raw material. That's kind of the way we divide things. So, you know, the day-in-day-out headaches are mine. And [unintelligible - 01:15:19] aspect is his. That way, you know, we're constantly talking, so it's… we're always engaged in a dialogue about how we should do this how we should do that. And when one of us is on vacation or away, obviously the other takes up the slack. You know, I think it will continue to be more competitive going forward, you know? With globalization and consolidation, there are fewer and fewer companies to sell to. And this is an issue, that more and more purchasing power. And so the only alternative is to become more and more competitive. So… you know, I will be focusing our efforts on ways in which 32 we can make the company more competitive and more user-friendly to the buyers. One of the things about consolidation is with the added mass these companies are adding, what they do is they expect their vendors to provide more and more by way of service. Whereas you might have had good quality and good price, I think going forward that might not be enough. We have some products for the swimming pool industry in particular that are really innovative. "How I get these darn things off?" And with consumers [unintelligible - 01:16:50] is that you have to make sure that they don't come off. And so if you run into a conflict -- but we think we designed some products that make it easier to take the lid off and put it back on while making sure that nothing leaks in the meantime. So that's where -- I think that's the most exciting item that we're introducing. For those who have a one-gallon paint can, that has revolutionized things as well. LINDA ROSENLUND:Packaging? I mean, do you do everything on…? JOHN CLEMENTI: R&D? Marketing, mostly. So yeah, I will do that here. So this is our latest baby. LINDA ROSENLUND:Is that on the market yet? JOHN CLEMENTI: No. Not yet. LINDA ROSENLUND:… revolution. I think the other… JOHN CLEMENTI: Maybe. [Laughter] LINDA ROSENLUND:Well, you never know… JOHN CLEMENTI: You never know. SPEKAER 1: Is security an issue here? JOHN CLEMENTI: In terms of intellectual property? Yeah, it's an issue everywhere. So far so good, though. I mean, our products have been patented. We spend a lot of time and effort. I think we're pretty secure, but who knows? Here, I think in Plastican we have about 300. I think companywide we -- I think we have a very good 33 track record. I mean, I'd bet that fact that four employees that are going to be celebrating 30 years with us in a couple of months. We have very little turnover management, almost none. As far as our shift employees are concerned, the day shifts are very stable. It's really the -- it goes with the nature of the beast. When you're running 24 hours a day, there are some people that would only work 11 to 7 and 11. And there are other people that would never do it. The toughest shift tends to be 3 to 11, because it's kind of in the middle of the day and… that shift. But other than that, we're pretty fortunate with turnover here. Yeah, I think it's safe to say that we're no different from any other manufacturers in the Commonwealth. We have a lot of people of Hispanic -- I think we have a cross section of the people who live here. LINDA ROSENLUND:Can you mention that again? JOHN CLEMENTI: Yeah. Well, we have a lot of Hispanic employees. I'd say it's probably the major ethnic group that we have. And we also have a lot of Asians—Koreans, Vietnamese, Hmong. And so it's pretty much the reflection of the people that live in our area. I would hope so. I'd like to think that we've give people opportunities to advance themselves, you know, professionally, economically. I too provide opportunities to people. As I said before, we've been fortunate in that our recruitment and retention, we've just been very successful people come here. But I think everybody wants to leave a legacy of fairness and opportunity, and I hope to do the same./AT/lj/es