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Article Three of the United States Constitution
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Article Three of the United States Constitution
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Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
Contents
[hide]
1 Section 1: Federal courts
1.1 Number of courts
1.2 Tenure
1.3 Salaries
2 Section 2: Judicial power, jurisdiction, and trial by jury
2.1 Clause 1: Cases and controversies
2.2 Eleventh Amendment and state sovereign immunity
2.3 Clause 2: Original and appellate jurisdiction
2.4 Judicial review
2.5 Clause 3: Federal trials
3 Section 3: Treason
4 See also
5 References
6 Bibliography
7 External links
Section 1: Federal courts[edit]
Section 1 vests the judicial power of the United States in federal courts, requires a supreme court, allows inferior courts, requires good behavior tenure for judges, and prohibits decreasing the salaries of judges.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Number of courts[edit]
Article III authorizes one Supreme Court, but does not set the number of justices that must be appointed to it. Article I, Section 3, Clause 6 refers to a Chief Justice (who shall preside over the impeachment trial of a President). The number of justices is fixed by statute at nine: the one chief justice, and eight associate justices.[1]
Proposals to divide the Supreme Court into separate panels have been made, but all have failed. Because all such proposals have failed, the Supreme Court has never ruled on the constitutionality of such a division. Chief Justice Charles Evans Hughes wrote, "the Constitution does not appear to authorize two or more Supreme Courts functioning in effect as separate courts."
The Supreme Court is the only federal court that is explicitly mandated by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today. Under this provision, the Congress may create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789. Article I courts, which are also known as "legislative courts", consist of regulatory agencies, such as the United States Tax Court. Article III courts are the only ones with judicial power, and so decisions of regulatory agencies remain subject to review by Article III courts. However, cases not requiring "judicial determination" may come before Article I courts. In the case of Murray's Lessee v. Hoboken Land & Improvement Co. 59 U.S. 272 (1855), the Supreme Court ruled that cases involving "a suit at the common law, or in equity, or admiralty" inherently involve judicial determination and must come before Article III courts. Other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts. Similarly, several courts in the District of Columbia, which is under the exclusive jurisdiction of the Congress, are Article I courts rather than Article III courts. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through Federal Law 89-571, 80 Stat. 764, signed by President Lyndon B. Johnson in 1966. This transformed the article IV United States territorial court in Puerto Rico, created in 1900, to an Article III federal judicial district court.
The Judicial Procedures Reform Bill of 1937—frequently called the court-packing plan,[2]— was a legislative initiative to add more justices to the Supreme Court proposed by U.S. President Franklin Roosevelt shortly after his victory in the 1936 presidential election. Although the bill aimed generally to overhaul and modernize all of the federal court system, its central and most controversial provision would have granted the President power to appoint an additional Justice to the U.S. Supreme Court for every sitting member over the age of 70½, up to a maximum of six.
The Constitution is silent when it comes to judges of courts which have been abolished. The Judiciary Act of 1801 increased the number of courts to permit the Federalist President John Adams to appoint a number of Federalist judges before Thomas Jefferson took office. When Jefferson became President, the Congress abolished several of these courts and made no provision for the judges of those courts. Judicial Code of 1911 abolished "circuit riding" and transferred the circuit courts authority and jurisdiction to the district courts.
Tenure[edit]
The Constitution provides that judges "shall hold their Offices during good Behavior." The term "good behavior" is interpreted to mean that judges may serve for the remainder of their lives, although they may resign or retire voluntarily. A judge may also be removed by impeachment and conviction by congressional vote (hence the term good behavior); this has occurred fourteen times. Three other judges, Mark W. Delahay,[3] George W. English,[4] and Samuel B. Kent,[5] chose to resign rather than go through the impeachment process.
Salaries[edit]
The compensation of judges may not be decreased, but may be increased, during their continuance in office.
Section 2: Judicial power, jurisdiction, and trial by jury[edit]
Section 2 delineates federal judicial power, and brings that power into execution by conferring original jurisdiction and also appellate jurisdiction upon the Supreme Court. Additionally, this section requires trial by jury in all criminal cases, except impeachment cases.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Clause 1: Cases and controversies[edit]
Main article: Case or Controversy Clause
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have a genuine interest at stake in the case. In Muskrat v. United States, 219 U.S. 346 (1911), the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands. Counsel for both sides were to be paid from the federal Treasury. The Supreme Court held that, though the United States was a defendant, the case in question was not an actual controversy; rather, the statute was merely devised to test the constitutionality of a certain type of legislation. Thus the Court's ruling would be nothing more than an advisory opinion; therefore, the court dismissed the suit for failing to present a "case or controversy."
A significant omission is that although Clause 1 provides that federal judicial power shall extend to "the laws of the United States," it does not also provide that it shall extend to the laws of the several or individual states. In turn, the Judiciary Act of 1789 and subsequent acts never granted the U.S. Supreme Court the power to review decisions of state supreme courts on pure issues of state law. It is this silence which tacitly made state supreme courts the final expositors of the common law in their respective states. They were free to diverge from English precedents and from each other on the vast majority of legal issues which had never been made part of federal law by the Constitution, and the U.S. Supreme Court could do nothing about that, as it would ultimately concede in Erie Railroad Co. v. Tompkins (1938). By way of contrast, other English-speaking federations like Australia and Canada never adopted the Erie doctrine. That is, their highest courts have always possessed plenary power to impose a uniform nationwide common law upon all lower courts and never adopted the strong American distinction between federal and state common law.
Eleventh Amendment and state sovereign immunity[edit]
Main articles: Eleventh Amendment to the United States Constitution and Sovereign immunity in the United States
In Chisholm v. Georgia, 2 U.S. 419 (1793), the Supreme Court ruled that Article III, Section 2 abrogated the States’ sovereign immunity and authorized federal courts to hear disputes between private citizens and States. This decision was overturned by the Eleventh Amendment, which was passed by the Congress on March 4, 1794 1 Stat. 402 and ratified by the states on February 7, 1795. It prohibits the federal courts from hearing any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.[6]
Clause 2: Original and appellate jurisdiction[edit]
See also: Jurisdiction stripping
Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases affecting ambassadors, ministers and consuls, and also in those controversies which are subject to federal judicial power because at least one state is a party; the Court has held that the latter requirement is met if the United States has a controversy with a state.[7][8] In other cases, the Supreme Court has only appellate jurisdiction, which may be regulated by the Congress. The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison, 5 U.S. (Cranch 1) 137 (1803) (the same decision which established the principle of judicial review). Marbury held that Congress can neither expand nor restrict the original jurisdiction of the Supreme Court. However, the appellate jurisdiction of the Court is different. The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make."
Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction".[9][10]
Judicial review[edit]
Main articles: Judicial review and Judicial review in the United States
The power of the federal judiciary to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself, is an implied power derived in part from Clause 2 of Section 2.[11]
Though the Constitution does not expressly provide that the federal judiciary has the power of judicial review, many of the Constitution's Framers viewed such a power as an appropriate power for the federal judiciary to possess. In Federalist No. 78, Alexander Hamilton wrote,
The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.[12]
Others, however, disagreed, claiming that each branch could determine for itself the constitutionality of its actions.
A continuation of the text of Federalist No. 78 by Hamilton [below] counterbalances the tone of "judicial supremacists" who demand that both Congress and the Executive are compelled by the Constitution to enforce all court decisions, including those that, in their eyes, or those of the People, violate fundamental American principles.
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.[12] [emphasis added]
Hamilton continues. . .
It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.[12] [emphasis added]
Marbury v. Madison involved a highly partisan set of circumstances. Though Congressional elections were held in November 1800, the newly elected officers did not take power until March. The Federalist Party had lost the elections. In the words of President Thomas Jefferson, the Federalists "retired into the judiciary as a stronghold". In the four months following the elections, the outgoing Congress created several new judgeships, which were filled by President John Adams. In the last-minute rush, however, Federalist Secretary of State John Marshall had neglected to deliver 17 of the commissions to their respective appointees. When James Madison took office as Secretary of State, several commissions remained undelivered. Bringing their claims under the Judiciary Act of 1789, the appointees, including William Marbury, petitioned the Supreme Court for the issue of a writ of mandamus, which in English law had been used to force public officials to fulfill their ministerial duties. Here, Madison would be required to deliver the commissions.
Secretary of State James Madison, who won Marbury v. Madison, but lost Judicial review.
Marbury posed a difficult problem for the court, which was then led by Chief Justice John Marshall, the same person who had neglected to deliver the commissions when he was the Secretary of State. If Marshall's court commanded James Madison to deliver the commissions, Madison might ignore the order, thereby indicating the weakness of the court. Similarly, if the court denied William Marbury's request, the court would be seen as weak. Marshall held that appointee Marbury was indeed entitled to his commission. However, Justice Marshall contended that the Judiciary Act of 1789 was unconstitutional, since it purported to grant original jurisdiction to the Supreme Court in cases not involving the States or ambassadors[citation needed]. The ruling thereby established that the federal courts could exercise judicial review over the actions of Congress or the executive branch.
However, Alexander Hamilton, in Federalist No. 78, expressed the view that the Courts hold only the power of words, and not the power of compulsion upon those other two branches of government, upon which the Supreme Court is itself dependent. Then in 1820, Thomas Jefferson expressed his deep reservations about the doctrine of judicial review:
You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.[13]
Clause 3: Federal trials[edit]
A nineteenth-century painting of a jury.
Clause 3 of Section 2 provides that Federal crimes, except impeachment cases, must be tried before a jury, unless the defendant waives his right. Also, the trial must be held in the state where the crime was committed. If the crime was not committed in any particular state, then the trial is held in such a place as set forth by the Congress. The United States Senate has the sole power to try impeachment cases.[14]
Two of the Constitutional Amendments that comprise the Bill of Rights contain related provisions. The Sixth Amendment enumerates the rights of individuals when facing criminal prosecution and the Seventh Amendment establishes an individual's right to a jury trial in certain civil cases. It also inhibits courts from overturning a jury's findings of fact. The Supreme Court has extended the protections of these amendments to individuals facing trial in state courts through the Due Process Clause of the Fourteenth Amendment.
Section 3: Treason[edit]
Main article: Treason laws in the United States
Iva Toguri, known as Tokyo Rose, and Tomoya Kawakita were two Japanese Americans who were tried for treason after World War II.
Section 3 defines treason and its punishment.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman, 8 U.S. 75 (1807), the Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war."[15]
Under English law effective during the ratification of the U.S. Constitution, including the Treason Act 1351, there were essentially five species of treason.[citation needed] Of the five, the Constitution adopted only two: levying war and adhering to enemies. Omitted were species of treason involving encompassing (or imagining) the death of the king, certain types of counterfeiting, and finally fornication with women in the royal family of the sort which could call into question the parentage of royal successors. James Wilson wrote the original draft of this section, and he was involved as a defense attorney for some accused of treason against the Patriot cause.
Section 3 also requires the testimony of two different witnesses on the same overt act, or a confession by the accused in open court, to convict for treason. This rule was derived from an older English statute, the Treason Act 1695.[16]
In Cramer v. United States, 325 U.S. 1 (1945), the Supreme Court ruled that "[e]very act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses."[17] In Haupt v. United States, 330 U.S. 631 (1947), however, the Supreme Court found that two witnesses are not required to prove intent, nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred (eyewitnesses and federal agents investigating the crime, for example).
Punishment for treason may not "work Corruption of Blood, or Forfeiture except during the Life of the Person" so convicted. The descendants of someone convicted for treason could not, as they were under English law, be considered "tainted" by the treason of their ancestor. Furthermore, Congress may confiscate the property of traitors, but that property must be inheritable at the death of the person convicted.
In Federalist No. 43 James Madison wrote regarding the Treason Clause:
As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it. But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author.
Based on the above quotation, it was noted by the lawyer William J. Olson in an amicus curiae in the case Hedges v. Obama that the Treason Clause was one of the enumerated powers of the federal government.[18] He also stated that by defining treason in the U.S. Constitution and placing it in Article III "the founders intended the power to be checked by the judiciary, ruling out trials by military commissions. As James Madison noted, the Treason Clause also was designed to limit the power of the federal government to punish its citizens for “adhering to [the] enemies [of the United States by], giving them aid and comfort.”"[18]
See also[edit]
United States constitutional criminal procedure
References[edit]
Jump up ^ 28 U.S.C. § 1
Jump up ^ Epstein, Lee; Walker, Thomas G. (2007). Constitutional Law for a Changing America: Institutional Powers and Constraints (6th ed.). Washington, D.C.: CQ Press. ISBN 978-1-933116-81-5., at 451.
Jump up ^ "Judges of the United States Courts – Delahay, Mark W". Federal Judicial Center. n.d. Retrieved 2009-07-02.
Jump up ^ staff (n.d.). "Judges of the United States Courts – English, George Washington". Federal Judicial Center. Retrieved 2009-07-02.
Jump up ^ "Judges of the United States Courts – Kent, Samuel B". Federal Judicial Center. n.d. Retrieved 2009-07-02.
Jump up ^ "Annotation 1 – Eleventh Amendment – State Immunity". FindLaw. Retrieved May 4, 2013.
Jump up ^ United States v. Texas, 143 U.S. 621 (1892). A factor in United States v. Texas was that there had been an "act of congress requiring the institution of this suit". With a few narrow exceptions, courts have held that Congress controls access to the courts by the United States and its agencies and officials. See, e.g., Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 ("Agencies do not automatically have standing to sue for actions that frustrate the purposes of their statutes"). Also see United States v. Mattson, 600 F. 2d 1295 (9th Cir. 1979).
Jump up ^ Cohens v. Virginia, 19 U.S. 264 (1821): "[T]he original jurisdiction of the Supreme court, in cases where a state is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised, in consequence of the character of the party."
Jump up ^ Cover, Robert. Narrative, Violence and the Law (U. Mich. 1995): "Every denial of jurisdiction on the part of a court is an assertion of the power to determine jurisdiction...."
Jump up ^ Di Trolio, Stefania. "Undermining and Unintwining: The Right to a Jury Trial and Rule 12(b)(1) Archived July 5, 2011, at the Wayback Machine.", Seton Hall Law Review, Volume 33, page 1247, text accompanying note 82 (2003).
Jump up ^ "The Establishment of Judicial Review". Findlaw.
^ Jump up to: a b c "The Federalist Papers : No. 78". Archived from the original on 29 October 2006. Retrieved 2006-10-28.
Jump up ^ Jefferson, Thomas. The Writings of Thomas Jefferson, Letter to William Jarvis (September 28, 1820).
Jump up ^ U.S. Constitution, Art. I, sec. 3
Jump up ^ Bollman, at 126
Jump up ^ This rule was abolished in the United Kingdom in 1945.
Jump up ^ Cramer, at 34
^ Jump up to: a b Olson, William J. (16 April 2012). "Case 1:12-cv-00331-KBF Document 29-2 Filed 04/16/12 AMICUS CURIAE BRIEF OF VIRGINIA STATE DELEGATE BOB MARSHALL, VIRGINIA STATE SENATOR DICK BLACK, DOWNSIZE DC FOUNDATION, DOWNSIZEDC.ORG, INC., U.S. JUSTICE FOUNDATION, INSTITUTE ON THE CONSTITUTION, GUN OWNERS FOUNDATION, GUN OWNERS OF AMERICA, INC., THE LINCOLN INSTITUTE FOR RESEARCH AND EDUCATION, THE WESTERN CENTER FOR JOURNALISM, CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND, U.S. BORDER CONTROL, RESTORING LIBERTY ACTION COMMITTEE, TENTH AMENDMENT CENTER, CENTER FOR MEDIA AND DEMOCRACY, BILL OF RIGHTS DEFENSE COMMITTEE, PASTOR CHUCK BALDWIN, PROFESSOR JEROME AUMENTE, AND THE CONSTITUTION PARTY NATIONAL COMMITTEE IN SUPPORT OF PLAINTIFFS" (PDF). Friedman, Harfenist, Kraut & Perlstein, PPC. lawandfreedom.com. pp. 15–16.
Bibliography[edit]
Irons, Peter. (1999). A People's History of the Supreme Court. New York: Penguin.
This article incorporates material from Judicial Procedures Reform Bill of 1937.
External links[edit]
Kenneth R. Thomas and Larry M. Eig (Eds). (2014). The Constitution of the United States of America: Analysis and Interpretation., gpo.gov
CRS Annotated Constitution: Article 3, law.cornell.edu
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text:
Pewter
From Wikipedia, the free encyclopedia
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Detail on a pewter fork handle from Norway, showing three scenes: King Olaf II of Norway, his men, and a Viking ship
Pewter (/ˈpjuːtər/) is a malleable metal alloy. It is traditionally composed of 85–99% tin, mixed with copper, antimony, bismuth, and sometimes silver or lead, although the use of lead is less common today. Copper and antimony act as hardeners while lead is more common in the lower grades of pewter, which have a bluish tint. Pewter has a low melting point, around 170–230 °C (338–446 °F), depending on the exact mixture of metals.[1] The word pewter is probably a variation of the word spelter, a term for zinc alloys (originally a colloquial name for zinc).[2]
Contents
1 History
2 Types
3 Uses
4 See also
5 Notes
6 References
7 External links
History[edit]
Pewter was first used around the beginning of the Bronze Age in the Near East. The earliest piece of pewter found is from an Egyptian tomb from 1450 BC.[3]
Types[edit]
Pieces of pewter
The constituents of pewter were first controlled in the 12th century by town guilds in France. By the 15th century, the Worshipful Company of Pewterers controlled pewter constituents in England. This company originally had two grades of pewter, but in the 16th century a third grade was added. The first type, known as "fine metal", was used for tableware. It consisted of tin with as much copper as it could absorb, which is about 1%. The second type, known as "trifling metal" or "trifle", was used for holloware and is made up of fine metal with approximately 4% lead. The last type of pewter, known as "lay" or "ley" metal, was used for items that were not in contact with food or drink. It consisted of tin with 15% lead. These three alloys were used with little variation until the 20th century.[3]
Older pewters with higher lead content are heavier, tarnish faster, and oxidation gives them a darker silver-gray color.[4] Pewters containing lead are no longer used in items that will come in contact with the human body (such as cups, plates, or jewelry) due to health concerns stemming from the lead content. Modern pewters are available that are completely free of lead, although many pewters containing lead are still being produced for other purposes.[citation needed]
A typical European casting alloy contains 94% tin, 1% copper, and 5% antimony. A European pewter sheet would contain 92% tin, 2% copper, and 6% antimony. Asian pewter, produced mostly in Malaysia, Singapore, and Thailand, contains a higher percentage of tin, usually 97.5% tin, 1% copper, and 1.5% antimony. This makes the alloy slightly softer.[3]
So-called "Mexican pewter" is an alloy of aluminum, copper, and silica.[5]
Uses[edit]
Pewter was used in the ancient world by the Egyptians and later the Romans, and came into extensive use in Europe from the Middle Ages[6] until the various developments in pottery and glass-making during the 18th and 19th centuries. Pewter items are often found in churches. Pewter was the chief tableware until the making of porcelain. Mass production of pottery, porcelain and glass products has seen pewter universally replaced in daily life. Pewter artifacts continue to be produced, mainly as decorative or specialty items. Pewter was also used around East Asia. Although some items still exist,[7] Ancient Roman pewter is rare.[8]
"Unlidded" mugs and lidded tankards may be the most familiar pewter artifacts from the late 17th and 18th centuries, although the metal was also used for many other items including porringers, plates, dishes, basins, spoons, measures, flagons, communion cups, teapots, sugar bowls, beer steins, and cream jugs. In the early 19th century, changes in fashion caused a decline in the use of pewter flatware. At the same time, production increased of both cast and spun pewter tea sets, whale-oil lamps, candlesticks, and so on. Later in the century, pewter alloys were often used as a base metal for silver-plated objects.[citation needed]
In the late 19th century, pewter came back into fashion with the revival of medieval objects for decoration. New replicas of medieval pewter objects were created, and collected for decoration. Today, pewter is used in decorative objects, mainly collectible statuettes and figurines, game figures, aircraft and other models, (replica) coins, pendants, plated jewellery and so on. Certain athletic contests, such as the United States Figure Skating Championships, award pewter medals to fourth-place finishers.[9]
Pewter plate
Pewter vase
See also[edit]
Britannia metal
English pewter
Royal Selangor
Spin casting
Notes[edit]
Jump up ^ Campbell 2006, p. 207.
Jump up ^ Skeat 1893, pp. 438–439.
^ Jump up to: a b c Hull 1992, p. 4.
Jump up ^ "WHERE LEAD HIDES" (PDF). Retrieved 2016-10-06.
Jump up ^ "Handcast Aluminum Pewter - Hecho en Mexico". Another Day In Paradise. December 2000. Retrieved 2018-01-08.
Jump up ^ What is pewter? – The Pewter Society
Jump up ^ A Roman Pewter Hoard from Appleford, Berks., by David Brown
Jump up ^ Government Auctions UK
Jump up ^ Frogs On Ice – SkateWeb: FAQ Q17
References[edit]
Skeat, Walter William (1893), An etymological dictionary of the English language (2nd ed.), Clarendon Press .
Campbell, Gordon (2006), The Grove encyclopedia of decorative arts (illustrated ed.), Oxford University Press, ISBN 978-0-19-518948-3 .
Hull, Charles (1992), Pewter, Osprey Publishing, ISBN 978-0-7478-0152-8 .
External links[edit]
Look up pewter in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Pewter.
PewterBank
"Pewter". Encyclopædia Britannica (11th ed.). 1911.
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text:
Who put Bella in the Wych Elm?
From Wikipedia, the free encyclopedia
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Graffiti on the Wychbury Obelisk
Who put Bella in the Wych Elm? is a graffito which first appeared in 1944 following the 1943 discovery of the skeletonized remains of a woman by four children inside a wych elm in Hagley Wood, Hagley (located in the estate of Hagley Hall), in Worcestershire, England. The victim, whose murder is approximated to have occurred in 1941, remains unidentified, and the current location of her skeleton and autopsy report is unknown.[1]
Contents
[hide]
1 Discovery
2 Investigation
3 Theories
4 Cultural references
5 Notes
6 References
7 External links
Discovery[edit]
On 18 April 1943, four local boys (Robert Hart, Thomas Willetts, Bob Farmer and Fred Payne) were poaching in Hagley Wood, part of the Hagley estate belonging to Lord Cobham[2][3] near to Wychbury Hill when they came across a large wych elm.[4][Notes 1] Thinking it a good place to hunt birds' nests, Farmer attempted to climb the tree to investigate. As he climbed, he glanced down into the hollow trunk and discovered a skull. At first he believed it to be that of an animal, but after seeing human hair and teeth, he realized that he had found a human skull. As they were on the land illegally, Farmer put the skull back and all four boys returned home without mentioning their discovery to anybody.[1] However, on returning home, the youngest of the boys, Willetts, felt uneasy about what he had witnessed and decided to report the find to his parents.
Investigation[edit]
The skull of "Wych Elm Bella," as retrieved 18 April 1943
When police checked the trunk of the tree they found an almost complete skeleton, with a shoe, a gold wedding ring, and some fragments of clothing. The skull was valuable evidence, in that it still had some tufts of hair and had a clear dental pattern (i.e. it was missing some teeth).[5] After further investigation, the remains of a hand were found some distance from the tree.[1]
The body was sent for forensic examination by Prof. James Webster. He quickly established that it was that of a female who had been dead for at least 18 months, placing time of death in or before October 1941; Webster also discovered a section of taffeta in her mouth, suggesting that she had died from suffocation. From the measurement of the trunk in which the body had been discovered, he also deduced that she must have been placed there "still warm" after the killing, as she could not have fit once rigor mortis had taken hold.[1]
Police could tell from items found with the body what the woman had looked like, but with so many people reported missing during the war, records were too vast for a proper identification to take place.[citation needed] They cross-referenced the details they had with reports of missing persons throughout the region, but none of them seemed to match the evidence.[6] In addition, they contacted dentists all over the country since the dentistry was quite distinctive.[6]
In 1944, however, a graffito message related to the mystery appeared on a wall in Upper Dean Street, Birmingham, reading Who put Bella down the Wych Elm - Hagley Wood.[7] This led investigators down several new leads tracing who Bella could have been. Other messages in the same hand appeared too. Since at least the 1970s, the graffiti has sporadically appeared on the Hagley Obelisk near to where woman's body was discovered, which asks the slightly modified Who put Bella in the Witch Elm?.[2][3]
Theories[edit]
The Lyttelton Arms, Hagley
In a Radio 4 programme first broadcast in August 2014 Steve Punt suggested two possible victims. One possible victim was reported to the police in 1944 by a Birmingham prostitute. In the report she stated that another prostitute called Bella, who worked on the Hagley road, had disappeared about three years previously.[1] The name “Bella” (or “Luebella”) suggested the graffiti artist was probably aware of the identity of the victim or of the killer.[5]
A second possibility came from a statement made to police in 1953 by Una Mossop, in which she said that her ex-husband Jack Mossop had confessed to family members that he and a Dutchman called van Ralt had put the woman in the tree. Mossop and van Ralt met for a drink at the Lyttelton Arms (a pub in Hagley). With van Ralt was a Dutchwoman. Later that night, Mossop said the woman became drunk, and passed out while they were driving. The men put her in a hollow tree in the woods in the hope that in the morning she would wake up and be frightened into seeing the error of her ways.[1] Jack Mossop was confined to a Stafford mental hospital, because he had reoccurring dreams of a woman staring out at him from a tree. He died in the hospital before the body in the wych elm was found.[1] The likelihood of this being the correct explanation is questioned because Una Mossop did not come forward with this information until more than ten years after Jack Mossop's death.[1]
Another theory comes from a MI5 declassified file about Josef Jakobs - the last man to be put to death in the Tower of London on 15 August 1941. An Abwehr agent, he parachuted into Cambridgeshire in 1941 but broke his ankle when landing and was soon arrested by the Home Guard. On his person was found a photo purportedly of his lover, a German cabaret singer and actress named Clara Bauerle.[4] Jakobs said that she was being trained as a spy and that, had he made contact, she may have been sent over to England after him. Unfortunately, there is no evidence that Clara Bauerle was parachuted into England.[8] On top of that, Bella was 5 feet tall and several witnesses state that Clara Bauerle was tall (around 6 feet).[8] In September 2016, it was determined that Clara Bauerle had died in Berlin on 16 December 1942.[9]
In 1945, Margaret Murray, an anthropologist and archaeologist from the University College London, proposed a more radical theory - witchcraft - where the severed hand was consistent with a ritual called the Hand of Glory, after Bella had been killed by gypsies during an occult ritual.[6] Her ideas excited the local press and led investigators to consult another seemingly ritualistic killing of a man, Charles Walton, in nearby Lower Quinton.[4]
In 1953, another theory surfaced, namely that Bella was a Dutchwoman named Clarabella Dronkers, killed by a German spy ring consisting of a British officer, a Dutchman and a music hall artist, for knowing too much.[4][6] Available records and evidence were unable to support the story.
Cultural references[edit]
In 2013, songwriter Owen Tromans included a song called "Bella in the Witch Elm" on his EP For Haden.[10]
In 2014, the song "Nail House Music" by American post-punk band Self Defense Family references the mystery, with the lyrics repeatedly asking "I found you in the witch elm - who put you in the witch elm".[11]
In 2016, Casefile True Crime Podcast covered the story in episode 4.
In 2016, the My Favorite Murder podcast covered the story in episode 10, focusing on weird murders.
Notes[edit]
Jump up ^ The Independent named the species as "wych–hazel", an old synonym for the same kind of elm.
References[edit]
^ Jump up to: a b c d e f g h "Who Put Bella in the Wych Elm?, Series 7, Punt PI - BBC Radio 4". BBC. Retrieved 2018-01-16.
^ Jump up to: a b BBC staff (12 August 1999). "Murder mystery returns to haunt village". BBC News. Retrieved 30 July 2010.
^ Jump up to: a b Askwith, Richard (18 August 1999). "Mystery. Murder. And half a century of suspense". The Independent. Retrieved 30 July 2010.
^ Jump up to: a b c d Vale, Allison. "Is this the Bella in the wych elm? Unravelling the mystery of the skull found in a tree trunk". The Independent. Retrieved 27 February 2014.
^ Jump up to: a b "Does graffiti hold the answer to this 73-year-old murder mystery?". NewsComAu. Retrieved 2018-01-17.
^ Jump up to: a b c d "Who put Bella down the Wych Elm?". Strange Remains. 2015-04-24. Retrieved 2018-01-17.
Jump up ^ Joyce M. Coley, Bella: An Unsolved Murder (Studley, Warwickshire: History into Print, 2007), p.9.
^ Jump up to: a b "Clara Bauerle Declassified". Josef Jakobs 1898-1941. Retrieved 2018-01-19.
Jump up ^ "Clara Bauerle Finally Laid to Rest". Josef Jakobs 1898-194. Retrieved 2018-01-19.
Jump up ^ "Owen Tromans - For Haden". Discogs. Retrieved 2018-01-16.
Jump up ^ "SELF DEFENSE FAMILY LYRICS - Nail House Music". www.plyrics.com. Retrieved 2018-01-16.
External links[edit]
"Who Put Bella in the Wych Elm" article on Atlas Obscura
Who Put Bella in the Wych Elm Extensive article from Brian Haughton's website
Casefile True Crime Podcast - Case 04 - Who Put Bella In The ‘Witch’ Elm - 30 January 2016
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