The Right of the People Peaceably to Assemble

The genius that is Baylen Linnekin:

The proper situs of the Assembly Clause, research reveals, is in its birthplace: colonial America’s taverns. Colonial taverns served not just as establishments for drinking alcohol but as vital centers where colonists of reputations great and small gathered to read printed tracts, speak with one another on important issues of the day, debate the news, organize boycotts, draft treatises and demands, plot the expulsion of their British overlords, and establish a new nation.

In 1779, Samuel Smedley’s ship Defence wrecked on a shoal off New London. Smedley blamed the pilot, and was so worried about his reputation that he requested, and was granted, an immediate court of inquiry to clear him of wrong-doing. The court met, of course, at a tavern.

Baylen’s paper is free and easy to download. He also has a longer, so-crazy-it’s-brilliant thesis wherein he traces “how America’s experience with food and drink, British common-law protections of food rights, and — especially — British attacks on the food rights of the colonists after 1763 directly influenced the text of the Bill of Rights.” That paper’s unpublished — so far. I’m looking at you, American book publishers.

The First Amendment to the Constitution1 is “a cluster of distinct but related rights.”2 The
freedom of assembly protected therein3 is one right that Americans exercise every day.4 With
perhaps the exception of speech, assembly is the most widely and commonly practiced action
that is enumerated in the Bill of Rights.
This freedom is also one of our least understood and least considered rights. Sometimes
ignored and other times grouped with other freedoms, the right of those in America to come
together peaceably deserves to be studied, respected, and celebrated.
To better understand the freedom of assembly in America, one must explore and
understand its origins.5 Tracing the evolution of the freedom of assembly requires placing this
freedom “within the context of culture.”6 Exploring the origins of the freedom of assembly in the
context of culture requires tracing the right—as practiced—back to its fundamental situs, a term
that can be used to ground rights in their proper place or places.7
The proper situs of the Assembly Clause, research reveals, is in its birthplace: colonial
America’s taverns.

An Annual Analysis

2010 was the year I threw everything at the wall. As much as I enjoy writing for periodicals, there is a tedium that accompanies repetition and so this past year I determined to widen my focus scripturally. I finished and shopped a novel; wrote not one but four installments in an episodic series of fiction shorts I began in the mid-90s; became communications director for Keep Food Legal; and scored a deal for a nonfiction book.

The novel has elicited zero interest, although I did sell one of the short stories. The nonprofit position requires very little responsibility, which is why I’m the ideal candidate. And the book, a biography of a man who was arguably the most successful privateer during the American Revolution, is well underway. Samuel Smedley, Connecticut Privateer will appear on shelves this summer.

I was pleasantly surprised to see traffic here grow by more than 500 percent over 2009. Thank you — I appreciate your stopping by to visit my strange hodgepodge of local reporting, personal commentary, archaeology news, travel advice, and book reviews. Also, a big “Hallo!” to my Dutch readers, “Ni hao!” to the Chinese government (please don’t hack me), and “Pryvet!” to all of you Russian spambots. Happy new year.

Lost States

Santa left a copy of Michael J. Trinklein’s Lost States under the tree this year, a book I’ve been wanting to crack for months. I recommend it if you too are fascinated by lost or forgotten geography — with the caveat that Lost States is more of a compilation of cartography paired with Wikipedia entries than a serious history book.

The full title and subhead of the book is Lost States: True Stories of Texlahoma, Transylvania, and Other States That Never Made It.

Here’s my true story: between 2005 and 2007, I shopped a book idea entitled The Lost States of America. My high-concept tagline was, “Everybody knows there are fifty states. But what about the ones that didn’t make it?”

I eventually abandoned the project, even though I wrote the first chapter (18,000 words!), due to lack of interest from agents or publishers and a growing realization that my energies were better spent elsewhere.

Along the way I accumulated a number of rejection letters, including my favorite from an agent who wrote a long reply about how he wanted to write a history of a lost-state endeavor near where he lived. He declined to represent my book, therefore, lest it interfere with his.

I chuckle just thinking about that letter. Of course, if he had wanted to write his book so badly, he would have done so already. But he hasn’t and he never will. I prize that rejection as the quintessential example of everything that’s wrong with big-name book publishing. Trinklein, an Emmy-nominated PBS producer, self-published the original version of Lost States. It seems publishers were just as deaf to him as they were to me.

My concept differed from Trinklein’s in that I planned to write a textual history book about ten different lost states (eight of which Trinklein includes). Trinklein opted for a more graphic presentation. Each of the 74 entries features a full-page chart crafted to resemble a map from the relevant time period — nicely done. A 300-word description faces it. And yet while Trinklein writes in a breezy style that is sometimes fun, sometimes flippant, his renditions are sometimes at history’ s expense.

Take Franklin, for instance. Trinklein cites Samuel Cole Williams’s History of the Lost State of Franklin as the source for his entry, a reference I also read while researching my 2004 Reason piece on Franklin. Trinklein disparages the whole idea of Franklin, even going so far as to assert that Benjamin Franklin, for whom the endeavor was named, was hostile to it. Not so; the Philadelphian was politely noncommittal. Trinklein also says that North Carolina troops crushed the Franklin movement militarily. Again, not true: Indian attacks in what is today western Tennessee caused North Carolina to walk away from the Franklin issue, eventually leading to the creation of the Volunteer State in its place. I caught several other errors throughout the book and the customer reviews over at Amazon list a bunch more.

Trinklein is also hindered by his lack of focus. The words “George W. Bush,” “Iraq,” and “quagmire” pop up a lot — even though the copyright on the book is 2010. He reminds me of my grad-school professors who, as late as the early 21st century, would spin themselves into a tizzy over Ronald Reagan and Grenada. A couple of entries (New Connecticut, Nickajack) go off on silly tangents, something a writer can’t afford when he’s jotting in eight-graf blurbs.

The scholarship of Trinklein’s hardbound gazetteer is very dodgy but it’s a good place to begin an inquiry. Enjoy the maps and follow the bibliography to more factual accounts of events.

Writing professionally, I believe, is like being a drunken lighthouse keeper: it’s lonely; and for every dozen vessels safely shepherded to their destination, you have a spectacular shipwreck on the rocks. Years ago, my reaction to Lost States would have been jealousy. Experience has taught me since that whatever enemies a writer may have, other authors aren’t among them. I may resurrect my old book idea, although with a focus on a single lost state and told through a biographical narrative, when I finish my current project. But more on that later.

Latest News From Beaufort Inlet

The Queen Anne’s Revenge Shipwreck Project has posted a summary of their 2010 fall field season:

A total of 122 objects were recovered from the wreck site during the field season. Sixty-five concretions of varying sizes have the potential for containing hundreds of individual artifacts. These concretions will be X-rayed at the conservation lab to help identify what may be contained within. Some artifacts readily apparent on gross external examination include: cannon balls, cask hoops, a pewter plate, and the largest object recovered this season — multiple segments of a deadeye strop with the wood deadeye intact, likely from the port side main mast chain plate.

Drawing of the QAR from the Project’s 1999 management plan.

Lost in Plain Sight

Recently I attended a biannual meeting of The Association for the Study of Connecticut History where I heard Marta Daniels speak about her co-discovery of the first tract of land owned by Venture Smith. Smith, if you’ve never heard of him, was an 18th-century African slave who, through sheer acumen and industry, died in 1805 a free and wealthy Connecticut landowner. His autobiography is the only existing testimony in which the narrator describes his childhood in Africa, his subsequent capture and servitude in America, and his life as a free man. He’s becoming something of a folk hero here in Connecticut, as he should be.

Daniels, an antiquarian, described how she and hydrographer Nancy Byrne pinpointed Smith’s original land in Stonington. The general area of the tract was known but previous researchers had made several critical errors in interpreting Smith’s deed, leading to the wrong piece of land being attributed to him. What stumped historians was that the deed clearly noted the parcel’s four corners were marked by rocks with certain initials carved into them — but no one could find the rocks. By returning to the original deed and using GIS, Daniels and Byrne were able to correctly identify the shape and location of the parcel. The women then plunged into the muggy, mosquito-choked forest to test their theory, and sure enough, located the markers. The revealed parcel further demonstrates Smith’s business sense. As a rocky hillside, the 26 acres were probably perceived as junk land by whites, but for Smith, who made his money lumbering and trading, they were a trove, thickly wooded and providing access to the Sound. He sold the land four years later at a profit.

Daniels gave a longer version of the same presentation on C-SPAN.