Categories
19th Century

Napoleon Sarony

Have a drink with: Napoleon Sarony
Work with me, darling.

Ask him about: Oscar Wilde, cover girl

Oscar Wilde #18

The author of an interview with the photographer Napoleon Sarony, published in the June 1895 edition of Decorator and Furnisher magazine, was clearly excited about getting to meet such a famous figure. In the style of the modern celebrity profile, with luxe asides about the subject’s choice in clothing, food or furniture, the writer gushes that Sarony’s apartment is lavishly decorated, stuffed with Rococo furniture, Latin American pottery, even an Egyptian mummy in its sarcophagus. Fat portfolios of photographs nod to Sarony’s profession, with images of “every known celebrity that has either been born or set foot upon American soil, as well as thousands of photographs of the rank and file of American Democracy.”

There is more than Sarony’s luxe eccentricity to mention, though: the article opens with a mention that the state legislature, under the thrall of Anthony Comstock’s anti-vice movement, was then entertaining the idea of a law to prohibit any representation of the nude human figure from going on display (and a catty aside that the law’s advocates were not simply seeking legislation, but “incidentally some notoriety for themselves.”).

Surely America’s most flamboyant celebrity photographer would have an opinion on the Comstock crusaders?

The key, he explained, was in portraying the nude as refined, innocent and graceful – free of seductive gazes or vulgar poses, presented as naturally as a flower in nature. Citing his own work, he explained: “I think my work proves that photography has aspects personal and individual apart from mechanical considerations. The camera and its appurtenances are, in the hands of an artist, the equivalent of the brush of the painter, the pencil of the draughtsman, and the needle of the etcher.”

He would know: the U.S. Supreme Court had told him so.

Categories
19th Century

Victorian Kleptomaniacs

Have a drink with: The Store Detective
Enemy of deviant feminist candy thieves!

Ask her about: hiding a football field’s worth of fabric in your skirt

Victorian Kleptomania

The modern department store came into its own in the 19th century, as retailers jumped feet-first into the growing Barnumesque sense of spectacle suddenly required to get a consumer’s attention (and their disposable income) in a mass-media society. In an effort to court customers, and to change what it even meant to “need” something, 19th century department stores went all-out in terms of decor and attraction: one Chicago store contained a “reproduction of a gold mine in active operation,” and a New York store had live lizards on hand to add some extra flair to a display, meaning that eventually “the police had to interfere to disperse the crowds.” Other stores offered enticements – free ice cream, a complimentary tea salon, cooking classes.

Much as people joke today about the porn industry being the inevitable first-to-market as far as any technology is concerned, department stores were that innovator in the 19th century. If you wanted to see huge plate glass windows, elevators and escalators, or grand displays of electric lighting, department stores were the place to go – and they were remarkable in that they were specific retail spaces in ways none had been before. Window shopping, for the first time, became a thing.

Stealing also became a thing.

Categories
19th Century

Daniel Sickles

Have a drink with: Daniel Sickles
Once I was the King of Spain

Ask him about: What’s the name of his other leg?

Daniel Sickles

Daniel Sickles sat weeping in a Washington, D.C. jail in 1859. The young, charismatic New York Congressman was an up-and-coming star in American politics – a favorite of President James Buchanan, in fact – and he was sitting in a dirty jail cell, heartbroken and awaiting trial for murdering his wife’s lover.

But before you feel too sorry for him, consider this: Daniel Sickles was a tool. How much of a tool?

He robbed the mail to take a political adversary’s advertisements out of circulation.

He was indicted for various financial schemes, including selling fake news subscriptions so he could drink the $1,000 profit at an upscale bar.

He took campaign contributions from his favorite prostitute, whom he also brought along as his companion and introduced to Queen Victoria while on assignment as James Buchanan’s secretary in London. While his pregnant wife was at home.

Whom he’d seduced, knocked up and married when she was sixteen.

After sleeping with her mother.

So his jailhouse blubbering is really a matter of the pot calling the kettle slutty, but you can thank Sickles for creating something we still use today: temporary insanity.

Categories
19th Century

Gilbert Stuart

Have a drink with: Gilbert Stuart
The one dollar bill.”

Ask him about: Chinese knockoffs

In August of this year, news outlets reported that the White House opened the door for the United States Trade Representative (an executive agency that advises on global trade policy) to conduct an investigation of potential Chinese intellectual property abuses. Citing the possibility of significant harm to American interests in the research-intensive technology sector, the President’s memorandum requested examination of laws, policies or practices that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or technology development.”

China has long been regarded as particularly flexible in the intellectual property space, with one commentator calling local law and practice a “decades-long assault on the intellectual property of the United States and its allies.”

Nor is this a recent development, only relevant to modern topics like copycats, trade secret theft and brand piracy – Gilbert Stuart, who painted the iconic dollar-bill likeness of George Washington we spend every day (making him the most-reproduced artist ever) was the subject of something a lot of modern artists would find disappointingly familiar: unauthorized foreign knockoffs of his work. In 1802 Stuart, frustrated with an opportunist dealer shipping his works off to China for reproduction, went to Pennsylvania court to claim his copyright and seek an injunction.

Categories
17th Century

Surly Puritan Judges

Have a drink with: New Haven Puritans
Judge swung his fist down, plunk plunk

Ask them about: Anything but Quakers.

nhv_puritans2_mg_2703

It’s election season, which means we are faced with ample opportunity to confront our worst tendencies and unresolved problems as a society, along with the inevitable call to harken back to a better, simpler, more moral time in American history.

Just so we’re clear, though, that time was not the 17th century.

Consider The Case of the Piglet’s Paternity, a fascinating collection of thirty-three cases heard before the Puritan courts of the 17th century New Haven Colony and superbly edited by Connecticut superior court judge Jon Blue. We can learn a few things from this book:

  1. Do not let a few instances of good justice wallpaper over a majority approach that marginalizes citizens and preserves a fear-based status quo.
  2. Don’t serve sailors booze by the quart.

Categories
19th Century

Delia Bacon

Have a drink with: Delia Bacon
“…very wise in the doctrine of consequences.”

Delia_Bacon_Gravesite_MG_2519

Ask her about: fair and balanced journalism

Once upon a time, two crazies went head-to-head in a public challenge. It was a deeply partisan fight marked by high emotions and questionable discretion, and in the end the loudmouthed, cowardly male nut job won in a maddeningly close vote by going after his intelligent but awkward female opponent with sexism and misdirection.

This was 1847, by the way.  Have we learned nothing?

Categories
18th Century

Fanny Hill

Have a drink with: Fanny Hill
Grin grin, wink wink, say no more?

Ask her about: Sex and the (eighteenth-century) city

Fanny_Hill_2114

My friend Dan Klau, who writes a wonderful appellate law blog at Appealingly Brief, and who also just launched a government-accountability site at CT Good Governance – because transparency is very cool – recently posted this link about Ted Cruz’s advocacy as solicitor general in support of a Texas state law outlawing the sale or promotion of sex toys.

In 2007, Cruz and his team prepared a 76-page brief to the 5th Circuit, arguing to uphold the Texas statute and claiming in part that “‘any alleged right associated with obscene devices’ is not ‘deeply rooted in the Nation’s history and traditions.’”

I’ve got news for Ted: few things are a more consistent and popular part of the Nation’s history and traditions than alleging rights in the obscene.

Don’t believe me? Just ask the U.S. Supreme Court about Fanny Hill.

Categories
17th Century 18th Century

Captain Kidd

Have a drink with: Captain William Kidd
Privateer, man of song and legend, unwitting pirate?

Ask him about: the tabloid trial of the (18th) century!

Captain_Kidd_08_14

William Kidd, a merchant captain and commissioned privateer, was tried and executed in 1701 for throwing away the king’s commission to turn pirate in the Indian Ocean. Not 25 years later, Captain Kidd was renowned in England as the man “whose publick Tryal and Execution here, rendered him the Subject of all Conversation, so that his Actions have been chanted about in Ballads.”*

To the end Kidd denied he’d been a pirate, and lamented a perfect storm of mutiny, betrayal and scapegoating.

So: birth of a pirate king, or a complete bus-chuck?