Posts tagged ‘Law’

May 2, 2016

May 3rd — Constitution Day — #History

by C. Michael Eliasz-Solomon

Warsaw Gazette
May 3rd Constitution (see middle of Warsaw Gazette) / Konstytucja_3_Maja
The Constitution of May 3, 1791 (Konstytucja Trzeciego Maja) was drafted between October 6, 1788, and May 3, 1791, when it was adopted by the Great Sejm of the Polish–Lithuanian Commonwealth . The contitution’s adoption was preceded by a period of agitation with the Convocation Sejm of 1764 and the election of Stanisław August Poniatowski as the Commonwealth’s last elective monarch.
The constitution had sought to prevail over and eliminate the anarchy, caused by the Liberum Veto, which had put the Country/King at the mercy of any single Sejm deputy who chose, or was bribed by an internal interest or external foreign power, to undo all the legislation that had been passed by the Sejm. The constitution’s adoption met with immediate hostilities, both political and military by the Commonwealth’s neighbors. In the War in Defense of the Constitution, the Commonwealth’s ally Prussia, broke its alliance with the Polish-Lithuanian Commonwealth, which was effectively defeated by the three Empires: Russia, Prussia, & Austria-Hungary (aka Hapsburg).
[NOTE the parallels between this Sejm’s use of liberum veto and the U.S. Congresses of 2008-present who have abused/utilized omni-present obstructionist tools: filibuster and cloture to keep the Obama administration for achieving its goals.]
British historian, Norman Davies describes the legal document as “the first constitution of its type in Europe”; Other historians documented it as the world’s second oldest codified national constitution after the U.S. Constitution, which was effective on March 4, 1789 — just two years earlier.
The Commonwealth’s 1791 Constitution remained in effect for all of 14 months and 3 weeks. It would be a long time until the Second Republic would re-emerge after World War I and Poland would re-appear and be a free republic again.
[Source Material from Wikipedia]

Tomorrow is May 3rd and in Poland and Lithuania it is celebrated as Constitution Day (first celebrated jointly on May 3rd 2007). But Stanczyk is getting ahead of himself in this story.
This jester trusts by now that you know that Poland was country with the second constitution. I am also hopeful that you had read a prior blog article of mine: “Poland 1794, The Tempest, and Catherine The Great” . For the discussion on Poland’s Constitution, I’d like to try my hand at an even broader context.

1732

Stanczyk maintains that 1732 was a very bad year for Poland. On 17 January 1732 Stanislaw Poniatowski was born in Wolczyn (which is in modern day Belarus). If the year had begun badly, then it would get much worse. On 13 September 1732, the secret treaty was signed at the Alliance of the Three Black Eagles. This was a secret treaty between Prussia, Russia and Hapsburg-Austria Empires (all three had Black Eagles as emblems — in stark contrast to Poland’s White Eagle). They agreed to maintain Poland in their “status quo” suffering from a non-functional szlachta with a Libretum Veto — meaning a single veto could derail any new law, further meaning that laws almost never got passed [sounds like 2009-2012 Washington D.C. does it not?]
Now let me narrate the rest of the story, before I give Constitution Day’s Timeline.
In 1750 Poniatowski met his mentor, the Briton, Charles Hanbury Williams . Williams was the British ambassador to Russia. They met again in 1753. Now while the Poniatowskich were a noble family, their family fortunes were not so great as the great magnate families. So they had to align themselves and hope for a strategic marriage for Stanislaw to a wealthier family. None the less, Stanislaw’s father was able to procure him some nominal titles. In 1755, the elder Poniatowski got his son Stanislaw, the title of Stolnik of Lithuania. Stolnik was a court office in Poland and Russia, responsible for serving the royal table. Keep that image in mind.
So armed with his new title of Stolnik of Lithuania, Stanislaw accompanied the British Ambassador to Russia, where the young Poniatowski met the also young (but very formidable) Catherine who had not yet become Empress of Russia (nor yet earned, her appellation, “The Great”). Stanislaw Poniatowski was only at the Russian court for one year. By 1756 Poniatowski was ordered to leave the Russian Court amidst some “intrigue”. It is thought that this intrigue resulted in the birth of Anna Petrovna (by Catherine the Great) on the 9th December 1757. It is also said that Stanislaw always hoped his bedding of Catherine would result in a future marriage for him. This jester thinks that Stanislaw deluded himself to think he had successfully wooed Catherine and that marriage was possible for the two of them. This jester also further thinks that Catherine, used this virtual “apron string” to manage Poniatowski to do her Russian bidding in Poland.
In 1762 Catherine used her new position as the Russian Empress and she was able to get Stanislaw to be elected King of Poland on 6 September 1764. It has now been 32 years of managing Poland’s status quo by the Three Black Eagles. So by 17 February 1772 the Three Black Eagles agreed to partition Poland. On August 5th, 1772 the occupation manifesto was issued and foreign troops entered Poland’s sovereign territory and forced a cession Sejm to convene with King Poniatowski and agree to the partition manifesto (probably Stanislaw thought it was best to go along with Russia in this matter and that this obedience would be rewarded) on 9/18/1773. Not much leadership in this jester’s mind was exhibited, but opposition to three Empires was probably futile anyway.
Life goes on for another decade. Stanislaw uses what little wealth of the Kingdom to foster arts & science, but with Prussia’s control of the Baltic Ports, and using its control to extort high custom duties from Poland on 80% of Poland’s economic trades to further collapse Poland’s economy and that limits Poniatowski’s wealth/power. Poniatowski also continues his hope for a noble marriage, but he does engage in a morganatic marriage to Elzbieta Szydlowska in 1783 and thereby maintains his options for a royal marriage.
In 1788 the Four Year Sejm convenes and Stanislaw thinks he can help Catherine The Great in her war with the Ottoman Empire by raising an army in Poland — which Catherine quickly squashes, but leaves the Polish Sejm alone while she wars with the Ottomans. Left to their own devices, this “Enlightened” body of lawmakers passes a constitution on 3rd May 1791. Even King Poniatowski celebrates this event. If you have read my prior blog article listed above, then you know this will NOT end well for Poland (or Poniatowski who is forced to abdicate the Polish throne 11/25/1795).
I think you can see that Poniatowski, Stolnik of Lithuania, served up Poland as a feast for Catherine The Great to enjoy repeatedly until even she was forced to make him abdicate and spend the remainder of his three years of life as a nominal prisoner in St Petersburg, Russia (so he could not meddle further in Russian affairs). Poniatowski died 2/12/1798 in St Petersburg, Russia. Poniatowski’s remains were removed and re-buried in Wolczyn, Belarus — until that church fell into disrepair. Poland reclaimed Poniatowki’s remains and he was buried a third time (14 February 1995) in St. John’s Cathedral in Warsaw, Poland — the very site where he had celebrated the Polish Constitution on May 3rd 1791.

Timeline of the Constitution:

5/3/1791 – Constitution is Passed (2nd in the world).
May 1792 Constitution Day is celebrated.
July 1792 King Poniatowski joins the Targowice Confederation against Poland and his own nephew (and Kosciuszko too) who were fighting the War To Defend The Constitution with Russia and Catherine the Great who was now freed up from warring with the Ottomans and now able to show her displeasure.
1793-1806 – Constitution Day is banned during the the 2nd/3rd Partition years.
1807-1815 – Constitution Day is celebrated in the Duchy of Warsaw thanks to Napoleon.
1815-1918 – Constitution Day is unofficially celebrated / discouraged in Congress Poland
April 1919 – The re-emerged Polish Republic celebrates Constitution Day again until 1940.
World War II – Constitution Day is banned again.
1945 – Constitution Day is celebrated.
1946 – The Communists cancel Constitution Day. They substitue May Day (May 1st) as an attempt to replace the Constitution Day celebration.
April 1990 – Poland out from under the Communist yoke celebrates Constitution Day again.
May 3rd 2007 – Poland & Lithuania celebrate Constitution Day jointly echoing their former Commonwealth days. This is the first jointly celebrated Constitution Day.
Perhaps one day, the USA will celebrate with Poland on May 3rd as the two countries with the oldest constitutions. [Now, please I know Polonia all over the USA, but most notably in Chicago mark May 3rd annually.] Indeed you are reading this blog about May 3rd. So Polonia still mark the day, the old country adopted the second oldest constitution.

Happy Constitution Day!


May 3rd is also Feast Day of Mary Queen of Poland!

But that is another story. 

Tags: ,
May 3, 2013

Cause of Death … Extreme Blunt trauma to head & torso. — #Tsarnaev, #CauseOfDeath

by C. Michael Eliasz-Solomon

http://m.wcvb.com/news/body-of-boston-bombing-suspect-tamerlan-tsarnaev-moved-to-worcester-funeral-home/-/17428308/20000868/-/qy8pwf/-/index.html

So indeed Dzhokhar running over his brother’s head and torso was as responsible for death as the bullet wounds. Who am I to second guess the ME (medical examiner)?

Still it sticks in my craw that he said both.

I guess we will have to abide by this wishy-washy pronouncement.

April 27, 2013

AP NewsBreak: Russia caught bomb suspect, mother on wiretaps

by C. Michael Eliasz-Solomon

A story from AP Mobile:

The Sad Saga of the Tsarnaevich …

WASHINGTON (AP) – Russian authorities secretly recorded a telephone conversation in 2011 in which one of the Boston bombing suspects vaguely discussed jihad with his mother, officials said Saturday, days after the U.S. government finally received details about the call. In another conversation, the mother of now-dead bombing suspect Tamerlan Tsarnaev was recorded talking to someone in southern Rus…

Read Full Story

By all means read the full story  at The Associated Press. It appears the other shoe has finally dropped. Guess what? According to Russian secret service investigations, the mother and the son, Tamerlan, are jihadis! Ok, I am guessing you already may have surmised as much — another case of, “Thou dost protest too much” on the part of this mother.

Apparently, the Russians were listening and have taped conversations of the mother and son talking about jihad and with other people of interest in another FBI investigation. So @Whitehouse, @Congress, @FBI are you listening?  I certainly hope so.

Now for sure if  Zuebidat Tsarnaev darkens our shores, she should be arrested for aiding, abetting,  and/or providing succor to terrorists, as well as any other outstanding legal crimes she may have committed while she previously resided in the USA.

Even better, Putin and the Russians should save the US time and arrest her if they believe those taped conversations. If the capital charges against her remaining son are proven then she would also be guilty for inciting others to do violence and in this case terroristic acts. At which point the Russians should mete out their famous brand of justice to such a criminal.

Sadly, this is an all too familiar story, of a mother corrupting one or more of her children to commit a heinous crime. When mothers love their children/family more than they hate others, these violent acts will subside. How often have we heard that refrain lately?

See Also …

Tsarnaev Family (Business Insider’s excellent piece)

The Sad Saga of the Tsarnaevich

1st Court Appearance of Tsarnaev

Boston suspects’ father (Tsarnaev) — says he resturning to US

April 23, 2013

1st Court Appearance of Tsarnaev — #Law, #History, #Crime

by C. Michael Eliasz-Solomon

Dzhokhar Tsarnaev (Джохар царнаев ) had his first court appearance from his hospital bed. The transcript is a fascinating study in American Law.

apps.washingtonpost.com/g/documents/national/transcript-of-suspects-bedside-hearing/413

The sad saga continues …

Previous Article(s):
The Sad Saga of the Tsarnaevich

 

P.S.

Dzhokhar (Jokhar) is the Naturalized citizen.

February 27, 2012

#PA #Genealogy – Access To Vital Statistics — Public Access, Privacy Law, PA Act 110, SB 361

by C. Michael Eliasz-Solomon

PA Act 110 – Public Records (formerly known as Senate Bill 361)

This bill amends the Act of June 29, 1953 (P.L. 304, No. 66), known as the Vital Statistics Law of 1953, to provide for public access to certain birth and death certificates after a fixed amount of time has passed. This legislation provides that such documents become public records 105 years after the date of birth or 50 years after the date of death.

This is a mixed bag, but at least its consistent. I wish it was 72 years  (like the census) instead of 105. Also the 50 years after death is way too long. Dead is dead. Maybe you could make a case for 5-10 years. By doing greater than 30-35 years you are forcing genealogy research to skip generations since the current generation would die before gaining access. Genealogists will have to will research plans to children in PA.

The indexes (I hate the word indices) are here: Birth Index (1906 — so far that’s it) | Death Index (1906-1961).   By the way, you will need the American Soundex of the last name as this is how the records are sorted:  American Soundex of Surname, followed by alphabetical on FirstName. Use Steve Morse’s Soundex One-Step page.

April 8, 2011

Sadly…

by C. Michael Eliasz-Solomon

Internet Readers…

It is sad that I must delete a couple of posts from my blog.  Since legal discoveries have come to light after June 2010, I can no longer be certain as to the parentage/DNA of some of the subjects I have written about.

Since the paternity is in dispute I have deleted two posts that were filled with such pathos as now they are imbued  with a new pathos for me …  Doubt and Uncertainty.

Please forgive these edits!

January 8, 2011

Biechow – Births in 1753 & 1754

by C. Michael Eliasz-Solomon

The Biechow parish Stanczyk keeps writing about was shuffled amongst many administration units that changed as the borders changed, which in Europe was often.  After the partitions started in 1772, my ancestors were briefly in the Austrian partition. In the Napoleonic era, they were a part of the Duchy of Warsaw and were in the Departmente of Krakow. Post Napoleon, they were in the Kielce wojewodztwo of  the Congress Kingdom of Poland.  My ancestral villages pretty much stayed put after that point and were in Kielce wojewwodztwo or gubernia depending on the whims of the czar until about 1918. Today, they are in wojewodztwo of SwietyKrzyskie.

The records were originally kept in Latin. The earliest Latin records were scant/terse, let me call them blurbs, like little Power-Point bullets scrawled upon the pages of the church books. Eventually they became more formulaic and I’d see what I call the Latin paragraph form (really a few sentences). Copies would be made and shipped to the Archdiocese Archives and these were often recorded in the Latin Box form that was prevalent in the Austrian partition. Napoleon while he was briefly in charge, instituted a format according to the Napoleonic code, that was written in the lingua franca of each locale. So about 1805, we see the church records being kept in a Polish paragraph form (quite long) as specified by the Napoleonic Codex. In 1868, the Czar decreed a change from Polish to Russian, but the Napoleonic format stayed, so the records switched from Polish paragraphs to Russian/Cyrillic paragraphs. So this jester since he was forced to, has acquired the ability to read enough Latin to read the genealogical blurbs of Catholic priests and is quite skilled in reading the Polish paragraphs and is still increasing his knowledge of Russian paragraphs, but has long since been able to pick out the salient facts of the vital records even in Russian with Cyrillic character set (as opposed to Polish language written in the Latin alphabet).

Now let me hasten to add, that this was true of Catholic church records. Obviously if your ancestors were Jewish, then you have additional burdens in your research, including reading Hebrew.  The format of recording vital records also differed amongst the three partitioning / occupying Empires. Stanczyk writes from a Russian-Poland partition experience.

Having said that, in a very long preamble, today’s post is about the pre-partitioned, Polish vital records. In 1753 & 1754 these were Latin paragraph form (very terse still, but better than those of the 17th century). I want to examine a couple of these records for today’s discourse and ask for some help.  Here is what we are dealing with …

Stanczyk’s eyes weary fast when trying to read these early Latin blurbs. Handwriting had not been perfected in those days. Also I find a good many misspellings on the family names or sometimes even the village names. This is still better than what was present in the 17th century. Each line starts with a day (month, year are usually assumed). These are really baptismal record (as opposed to birth), so it records the baptism, the parents and the God Parents of the baby and the villages of the people involved.

Now here is where Stanczyk is looking for help. Please take a look at the next image (click on it to see a full size copy) and help this jester understand the concept of ‘alias’. In this record we will see a surname of  Michałek as an alias for Materna. Is this some kind of case of name “evolution”. The Michałek family name disappears and the Materna family name becomes a common village surname. Why would a surname become aliased? In these early Latin records, it happens a few times and Stanczyk is trying to understand what is happening and why?

December 11, 2010

Information, Free Speech, and Journalism

by C. Michael Eliasz-Solomon

Stanczyk want to weigh in on WikiLeaks and the many tangents that a WikiLeaks article can take.

I do not think Julian Paul Assange is correct;  In fact I think he is breaking many laws and violating many standards of ethics. So US Supreme Court and US Attorney General Eric Holder listen up, so to speak.

First off, making threats like, ‘Do this or else I will do this” is an act of extortion. When I listen to NPR or read the New York Times or Philadelphia Inquirer, or even when I watch Fox News, I do not get threatened that act against their news/journalistic articles, I will have to bear the brunt of some kind of blackmail. Not even Rush Limibaugh gives voice to such as that. So if WikiLeaks is journalism, why does it make extortionate and/blackmail threats?

WikiLeaks and its supporters cannot espouse Free Speech and then attempt to deny the voices of other organizations via Denial-Of-Service attacks. That is thuggery to claim you deserve Free Speech rights, but then turn right around and deny others, their right to free speech on their web sites or in other endeavors. An awful hypocrisy. It also demonstrates a lack of understanding of Free Speech.

American has had the right of Free Speech longer than any other nation. As such, it has had to deal with many nuances related to Free Speech. It has long been acceptable to outlaw, yelling “Fire” in a movie theater or even to remove people from said theater for creating a disturbance. Free Speech does not allow such irresponsible or reprehensible actions. Free Speech also does not extend to people who make Hate Speeches or to people who incite violence. Those are not examples of Free Speech. Do you not see the principle that “Free Speech” cannot deprive others of their rights/liberties and be considered Free Speech.

Stanczyk has long been an IT worker. As such, data and information and the communication of such is governed by laws. These laws extend beyond national boundaries sometimes.  Stanczyk saw how the latest “Cables” spanned such a breadth of data, that it covered many aspects of the human condition. For example, it was covered in sport news pages, because there instances of how Iran used sports to deal with internal political strife. Who would have thought that WikiLeaks would impact Sports? So too must there be data dealing with:  HIPAA laws (privacy related to medical conditions), PI (privacy information and data) would seem to have been heavily violated. What about identity theft from  WikiLeaks releases? Stanczyk likes his genealogy but also sees that Census data must be on ice for 72 years before being released to the public. So Free Speech and Freedom of Information has long had a defined context of limits.

Finally, the last concept is IP (Intellectual Property). WikiLeaks received stolen property from soldier Manning (whose legal/ethic problems are even worse than WikiLeaks). Assange might not have realized that when he received IP from Manning and that Manning stole this “valuable property” from the US Government, he not only violated receipt of stolen property, and violations of espionage, but also clearly violated many aspects of the Digital Millennium Act (both civil and criminal). By failing to return said information when the property owner demanded it,  it made the WikiLeaks organization as a whole (including distributed agents) subject to confiscation of computer and other technology. This is best understood by comparing this to what happened in the matter of  Apple Computer and Gizmodo on the iPhone prototype. IP is valuable and cannot be willfully stolen or received and cannot be denied from its rightful owner. There are many corporate espionage cases of late that also demonstrate the severity of IP theft and the civil/criminal aspects that accrue from those actions taken.

The many civil cases against Assange and WikiLeaks that come out of the distribution of data in violation of HIPAA, PI, or other identity theft matters and resulted in damage or losses of property or loss of life will keep lawyers around the world gainfully employed for a decade or more.

Assange is learning too late, that Journalists have editors and legal teams to vet stories against laws and customs and matters of ethics. Journalists do not make threats.

As Stanczyk sees it, the Electronic Frontier Foundation (EFF) and Russian Premier Putin have come down on the wrong side of this issue. Putin seems out of place for sure, when one considers how many Russian journalists have been killed. This jester has appreciated Mr Putin’s work with respect to Poland of late and has even written a note of consolation to Mr Putin when his nation has come under attack by terrorists, so it pains this jester’s Slavic soul to call Mr Putin out on this issue — just because Putin sought to lash out against the US in order to make points for Russia on the backs of this difficult issue.

Time will tell on this matter.

 

Follow

Get every new post delivered to your Inbox.

Join 534 other followers

%d bloggers like this: