Durand v. Hollins | Ep 4

The Bombardment of Greytown, Durand v. Hollins, and Executive military power |

The power of the President has expanded over the last 200 years. Is the President allowed to declare war? No. The President is allowed to use the military and authorize force but under what circumstances?

In 1854, the murder of Antonio Palladino, a Nicaraguan fisherman, would lead to a court case whose ruling would state that the President is allowed to use military force in order to protect American citizens or to protect American property abroad.

Durand v. Hollins will be cited by administrations during the 19th, 20th, and 21st centuries in defense of their use of military force, and it will be cited by President Woodrow Wilson in defense of his 1914 invasion of Veracruz.

Music from Epidemic Sound.

Sources for this episode include:

• The Papers of Woodrow Wilson
• William Walker's Wars by Scott Martelle
• Gangsters of Capitalism by Jonathan M. Katz
• lawfaremedia.org

Transcript

Shannon 0:18

In eighteen forty-eight, gold is discovered in California. And by eighteen forty-nine, tens of thousands of people, 49ers, are traveling west to gold country to find their fortunes.

Speaker 0:40

You just can't imagine what it was like when we got the news back home that gold was discovered in California. Folks near went crazy. They just picked up their belongings and headed west. Thousands of them, young and old. By boat, wagon, train, ride, and walk. Any way they could get to where the gold was.

Shannon 0:58

Journeying from east to west is long and it is difficult. There's no Transcontinental Railroad at this time. That won't be completed for another 20 years. So folks are traveling to the West Coast by wagons, or they're traveling by ship. They can sail south, all the way around the bottom of South America, then north, up the west coast of South America, and then up the west coast of North America. But this is not ideal. A shortcut would be nice. And in 1849, Cornelius Vanderbilt, the Commodore, establishes an agreement with the government of Nicaragua. Vanderbilt is going to build a canal, and Nicaragua will get a share of the profits. In the meantime, however, while Vanderbilt is trying to raise capital to build the canal, an alternate means of transit to get passengers through Nicaragua is established. Vanderbilt creates the accessory transit company, the ATC. And the ATC will take passengers voyaging from the East Coast and the Gulf Coast ports to Graytown, Nicaragua. Also called San Juan del Norte. The town is situated at the mouth of the San Juan River. Travelers will disembark at Greytown and then take a steamer up the San Juan River. They will then disembark and transfer to another steamer that will take them across Lake Nicaragua. Then they will transfer to another steamer, which will take them across Lake Managua. Then a horse-drawn wagon will get the passengers to San Juan del Sur on the Pacific, where a ship or steamer will then take them up the California coast to San Francisco. New York to Graytown takes about 11 days. Travel through Nicaragua takes about three to four days. Then Nicaragua to San Francisco will take about 11 days. So the total journey can take about a month. Greytown lies on the Mosquito Coast, which is a stretch of land about 40 miles or 65 kilometers on the east coast of both Nicaragua and Honduras. The Mosquito Coast is part of the Mosquito Kingdom, and it had been a British protectorate since about 1848. This was when the town's name, San Jute, was changed to Graytown, after Sir Charles Edward Gray, Earl Grey. And it is a popular duty-free port. Now, as one might imagine, tensions and conflict exist between the local inhabitants and the foreign business interests that have set up in Greytown. Sure. Tensions and conflict exist between the foreign business interests and the government of Nicaragua. And tensions and conflict also exist between the foreign business interests themselves, the Americans and the British. And both the Americans and the British want to build this canal through Nicaragua. In 1850, the U.S. and Britain sign a treaty, the Clayton-Bulwar Treaty, which stated that neither nation will be able to establish new protectorates and neither nation would have exclusive canal building rights. So who gets to build the canal will come down to who can raise the financing first, which Vanderbilt is having difficulty doing. The U.S. thought that, under the terms of the Clayton Bulwark Treaty, that the British would evacuate the Mosquito Coast and stop declaring it their protectorate. But the British did not evacuate the Mosquito Coast, and they did not stop declaring it their protectorate. So in 1852, a group of mostly American business leaders get together and they declare Greytown independent from the Mosquito Kingdom. And therefore, it is no longer a British protectorate. And this group thinks they can strike a deal with the government of Nicaragua. They're wrong about that. But American property starts getting destroyed. And relations amongst all parties become even more strained. And then, President Franklin Pierce's minister to Nicaragua, a man named Solon Borland, breaks from official U.S. policy when he gives a speech in Managua and says, his greatest ambition is to see Nicaragua, quote, form a bright star in the flag of the United States, and that he would protect Nicaraguans if they wanted to challenge Britain over their protectorate of the Mosquito Kingdom. Now Salon Borland, prior to this post, was a U.S. senator from Arkansas. He has a temper, and nobody in Washington likes him. He once got into a fistfight with another senator on a street corner in DC. Borland gets in trouble for telling Nicaraguans that they should rise up against the British. This is a public repudiation of the U.S.'s treaty with Britain. And he is forced to resign as minister. Now, as he is traveling from Managua to Greytown on an accessory transit company steamer, the captain of the steamer he is on, Captain Smith, is about to hit a small fishing boat. The captain of the riverboat is a black fisherman named Antonio Paladino. And he yells to Captain Smith that if he ruins his boat, he'll kill him. These two captains had a contentious history. They had frequently gotten into quarrels. But then Captain Smith, allegedly egged on by Solin Borlin, turns the steamer around and begins heading straight for Antonio's small little fishing boat. He runs right into it, crushing part of it like an eggshell. Captain Smith then pulls out a gun, points it straight at Antonio, and pulls the trigger. He has shot him right through the heart. Antonio stumbles about the deck for a moment. He tries to get on a boat that's tied up next to his... into the river. The murder of Antonio Palladino in 1854 will ultimately lead to a court case. It is a case called Durand v. Hollands. And it will be cited by administrations for the rest of the 19th century, throughout the 20th century, also the 21st century. And it will be cited by Woodrow Wilson in defense of his nineteen fourteen invasion of Veracruz. And this is that American Century. White men of a certain class, landowners, Virginia gentlemen, Virginia cavaliers. They are leaders and everyone else is subservient. Solin Borland was born in Virginia. He grew up in North Carolina. He lived in Arkansas. Solin Borland had helped suppress Nat Turner's rebellion in Southampton, Virginia, in 1831. Borland reportedly condemned the indiscriminate killing of black people by white mobs, not as a humanitarian, but because it was tantamount to theft. Borland was a POW during the Mexican-American War, and he will be appointed as commander of the Arkansas Militia for the Confederate States of America during the Civil War. Remember, I mentioned that Sol and Borland got in a fight with a senator, another senator.

Bobby 13:08

I don't remember.

Shannon 13:10

Just say yes. Yes. Okay. Remember.

Bobby 13:15

Right.

Shannon 13:16

Remember, I mentioned that Solomon Borland gets in a fight with another senator. The senator that he got in a fight with was Senator Henry S. Henry S. Foot was a senator from Mississippi. He accused Solin Borland of being a lackey for John C. Calhoun. Borland, like Calhoun, was a passionate defender of Southern rights and states' rights. They had a similar set of beliefs, but to be accused of being another man's lackey is to accuse a man of being another man's servant, is to accuse a man of being dishonorable.

Bobby 14:08

Right.

Shannon 14:09

Honor is everything. So this fight between Borland and Henry S. Foote happened in 1850, which was a turbulent time in the United States Senate. They were arguing over which newly acquired territories acquired as a result of the Mexican-American War, which of these territories would get to use slave labor. Henry S. Foote, Senator from Mississippi, would go on to pull a gun on Missouri Senator Thomas Hart Benton, also in 1850. Benton was a big guy. The Senate chamber erupted into chaos, and Benton bellowed, I have no pistols. Let him fire. Stand out of the way and let the assassin fire.

Bobby 15:11

So dramatic.

Shannon 15:25

The Constitution states the president shall be commander-in-chief of the army and navy of the United States and of the militia of the several states when called into the actual service of the United States. The President is not allowed to declare war. Only Congress is allowed to declare war. The President is allowed to order military action. But under what circumstances during emergencies of enemy forces Nicaragua in eighteen fifty-four. Let's go back to Nicaragua in eighteen fifty-four and find out what happens next. And when the steamer arrives in Greytown, a marshal is waiting to arrest Captain Smith. This is his testimony. Quote, I went on board the steamer and arrested Captain Smith. He had in hand a loaded blunderbus, but appeared willing to come when I arrested him. The American minister, Mr. Borland, then came up. And as I held him, Captain Smith, by the hand, he knocked away my hand and said I should not have him at risk of my life. And that the American government did not recognize this place, nor any authority in this place. And he, as American minister, could call to his command every passenger on the steamer to shoot down every one of us. At this time, others standing around got their guns ready for action. So Borland is saying to the Marshal, my government does not recognize your government, and you have no authority to take this man. It is at this moment, according to Marshall's testimony, that a boat with men ready to support the Marshal is approaching. Backup has arrived.

Bobby 18:22

Wow, okay.

Shannon 18:24

Quote: The American minister, Solon Borland, took a gun from somebody, cocked it, leveled it, and was about to fire when I turned it aside with my hand. Borland then said, If you respect your lives, do not allow the boat to come any nearer, or I will fire and kill everyone. I shall have a man of war here in a very short time to settle all this matter. Seeing the numbers around and the tenor of the remarks made, I was obliged to come away and leave him the prisoner. I asked him to communicate with the American consul and bring the man over. He said it was not my business and to leave the ship directly, or he would use me as he would any other. I then left and came away. Signed Thomas S. Cod, City Marshal. Quite the dramatic scene. Yeah. I like how Borland puts the gun right in the marshal's face, and the marshal just moves it aside with his hand.

Bobby 19:45

Well, people were more badass back then, I think.

Shannon 19:48

You think?

Bobby 19:48

I think so. They did stuff like that all the time.

Shannon 19:51

All the time. Every day. And if you'd have lived back then.

Bobby 19:56

I would have moved it even slower. Even slower.

Shannon 20:02

So Smith and Borland are able to escape to the home of the U.S. Consul. Later that day, though, word of the murder and word as to the whereabouts of Borland and Captain Smith gets around, and an angry mob shows up outside of the house of the U.S. Consul. Borland steps outside and tries to appease them. He says he's not going to give up Smith and that they have no jurisdiction over the matter. And that is when a bottle gets thrown at Borland's head and it slashes him in the face. He's humiliated, he's furious, and he yells, I'll give $50 to anyone who can tell me who threw that bottle. No one does. And the crowd eventually dissipates. Borland returns to Washington, D.C. The villagers of Greytown are pissed. And some of them begin stealing goods from Vanderbilt's accessory transit company, and they start damaging company buildings. And Borland, even though he is back in Washington, he can't let go of the bottle throwing incident. Probably because he sees the slash on his face every time he looks in the mirror. And he tells President Franklin Pierce about this offense and that he wants an apology. So President Franklin Pierce sends the sloop of war psyne down to Greytown. The ship is commanded by Captain George N. Hollins. The residents of Graytown must compensate the accessory transit company for its losses, and they must. Apologize to Borland for the bottle that was thrown at his face. They have 24 hours to comply. If these demands of the United States of America are not met, the U.S. will destroy all of Greytown. And that is exactly what happens. At 9 a.m. on July 13th, 1854, the Siamese cannons begin the bombardment. The first barrage lasts 45 minutes. Then Captain Hollins takes a pause and waits for word as to whether or not the town is willing to comply. Word never arrives. So a second barrage begins. This lasts 30 minutes. He takes another pause. This time for three hours. Maybe he's eating a meal. I don't know why he waits three hours. But he then orders the final barrage. And this lasts 20 minutes. But Captain Holland has made a promise to the people of Greytown. He said if they don't comply, he will lay waste to the entire town. So he sends men into town with specific instructions. He says, whatever remains, burn it to the ground. And they do. Greytown has been reduced to heaps of ash. Incredibly, there were zero casualties. Everyone had left town during the 24 hours that Hollins had given them to comply. But everything is destroyed, including the property of an American businessman named Calvin Durand. And Durand decides that he is going to sue Captain Hollins for $14,000. Captain Hollins is arrested because you could be arrested in these days if someone brought a civil suit against you. But he makes bail, which was $20,000, more than he's being sued for. Captain Hollins' defense is that he is not responsible for the destruction of Duran's property because he was acting on orders from the Secretary of the Navy and the President of the United States. The judge agrees. And he rules in favor of Captain Hollins. Hollins cannot be held responsible in a civil court for his actions because he was acting as an extension of the US Navy and of the President. And here is the part in the judge's ruling that he talks about the president. Quote: For the protection of the lives or property of the citizen, the duty must, of necessity, rest in the discretion of the president. Acts of lawless violence or of threatened violence to the citizen or his property cannot be anticipated and provided for. And the protection to be effectual or of any avail may not unfrequently require the most prompt and decided action. In other words, the president may authorize military force in order to protect the lives of American citizens andor the property of American citizens. And these decisions sometimes have to be made quickly. And this responsibility must lie with the president. There's no time to get Congress involved. Interestingly, this is this is not a Supreme Court ruling.

Bobby 26:10

Like, where was um Captain Hollins arrested and sued in?

Shannon 26:17

The Southern District of New York. The judge was a member of the Supreme Court, but in the off-season.

Bobby 26:26

Okay.

Shannon 26:27

When court in the off-season, when court is not in session, Supreme Court justices would do circuit court rulings. Durand v. Hollins will be cited by the Justice Departments of the Obama administration, the Clinton administration, both father and son Bush administrations, the Nixon administration, and it will be cited by President Woodrow Wilson in his defense of the invasion at Veracruz in April 1914. And this is where we pick up from our previous episode, Bobby.

Bobby 27:20

Excellent.

Shannon 27:23

For the first year of Woodrow Wilson's presidency, March 1913 to April 1914, he does nothing about the quote-unquote Mexican situation. American property in Mexico is being destroyed. Business owners want action, and American citizens have become casualties of the Mexican Revolution. These are mining engineers, railroad employees, telegraph employees, ranchers, cowboys in northern Mexico. Oil workers around Tampico and Veracruz have been killed. Shopkeepers, missionaries. It is hard to put an exact number on the casualties, but I've read a safe number would be to say between 1910 and early 1914, about 75 to 100 Americans had been killed deliberately by small revolutionary groups. They are called bandits in the United States press. And then there were people that had been disappeared. So it's difficult to get a number on those as well.

Bobby 28:35

Yeah.

Shannon 28:36

And then the Tampico incident happens, which we've talked about before. And on April 14th, 1914, President Wilson receives a memo from the counselor of the State Department, Robert Lansing. He's like the under-secretary to the Secretary of State, William Jennings Bryan. The memo's title, Can the President Declare War?

Bobby 29:05

No, he can't. We know he can't. We know he can't. Because of the Constitution.

Shannon 29:10

The cover letter from Lansing reads: Dear Mr. President, Secretary Bryan asked me an hour ago to furnish him with a memorandum on the constitutional power of the president to use force in compelling a foreign government to submit to demands made upon it. I have done so in a very hasty manner, and now find that he has left. As I understood from him that you wished this this afternoon, I am sending it as it is. Respectfully yours, Robert Lansing. I like how Secretary Bryan gave him a task and then was like, I'm out.

Bobby 29:56

He's like, I don't care about that. You do it.

Shannon 30:01

And then Lansing rats on his boss in the cover letter. He tells Wilson that he's left.

Bobby 30:07

That he left early. William Williams Jennings William Jennings Bryan is probably like, well, I'm a populist. I gotta go get back to populist stuff. Yeah.

Shannon 30:17

Where are we with the silver thing again?

Bobby 30:19

Yeah.

Shannon 30:20

William Jennings Bryan, he ran for president three times, right?

Bobby 30:23

That sounds that sounds about right. A lot.

Shannon 30:26

Ran three times, lost three times. Yeah. Also, William William Jennings Bryan is a famous pacifist. So I wonder okay, the title of the memo is Can the President Declare War? So I I was thinking, did William Jennings Bryan say to Robert Lansing, you know, uh, write write me up a memo answering, can the president declare war? And William Jennings Bryan knows that the answer is no.

Bobby 30:58

Right.

Shannon 30:59

Maybe he thought it was like the memo would arrive shortly and that he'd give it to President Wilson and he'd be like, see, no, we can't invade Mexico. But then Robert Lansing was actually doing work on the question and finding precedent where the president can use military force.

Bobby 31:19

See, yeah, he should have just done it himself then.

Shannon 31:21

He should have just He should have just done it himself. Okay, so Lansing's memorandum to Wilson says the following. He wrote the cover letter. What I read a moment ago is the cover letter. This is the actual memorandum. Quote Various acts of enforcing demands may occur in time of peace, and while they have the characteristic of war, they are not deemed by governments to be actual warfare. The executive branch of the government has exercised force in compelling a demand which has been refused by a foreign government. During a controversy at Greytown, Nicaragua in 1854, Mr. Borlin, the United States Minister, was grossly insulted because of his endeavor to prevent the arrest of an American upon an American vessel. The USS Syaney was sent to Greytown a few months later to demand an apology for the indignities which Mr. Borland had sustained. The captain of the vessel announced that if the demands for satisfaction were not complied with at once, he would 24 hours later bombard the town. The demands were not complied with, and the Siane shelled the town. Other cases, less important, might be cited. So the answer provided to can the president declare war is no, but yes.

Bobby 33:07

No, but you can you can shoot shoot at stuff. Blow things up.

Shannon 33:11

It may look like it's an act of war, but it's not. It's not war.

Bobby 33:15

What is war?

Shannon 33:17

Isn't that the question? Right. So Robert Lansing assures the president that the executive branch is allowed to use acts of force after negotiations have failed or demands have not been met, and he cites the bombardment of Greytown, Durand v. Hollands. Now, Robert Lansing is an expert on international law. He is also the son-in-law of John W. Foster, who was Secretary of State under Benjamin Harrison. And John W. Foster was Secretary of State when the Hawaiian monarchy is overthrown by U.S. business interests in 1893. And Lance will become Secretary of State himself in 1915. William Jennings Bryan will step down after President Wilson writes two strongly worded letters to Germany after a German U-boat sinks the Lusitania and 128 Americans die. Bryan thought Wilson was too harsh with the Germans. Robert Lansing is also the uncle of a future Secretary of State, who, under President Eisenhower, would also overthrow a government or two.

Bobby 34:47

I'm gonna guess another John Foster with this time with a Dulles added at the end.

Shannon 34:54

You are right, Bobby. And John Foster Dulles, at this point in time, 1914, is practicing international law himself, working for the famous law firm Sullivan and Cromwell. So President Wilson, he receives the answer he wants. He can deploy force to Mexico, and he does not need the approval of Congress to do so. So he sends U.S. battleships to occupy strategic Mexican ports on the Atlantic and the Pacific coasts in order to take over customs houses, to strangle Mexican supply lines, and to get American citizens out of harm's way. The larger objective is something the U.S. is all too familiar with already. Forcing regime change. The United States braces itself for a war with Mexico. The Assistant Secretary of the Navy gives some quotes to the press in the middle of April 1914. He says, quote, we're not looking for trouble, but we're ready for anything. If it means war, we are ready. I do not want war, but I do not see how we can avoid it. Sooner or later, it seems, the United States must go down there and clean up the Mexican political mess. And I believe that the best time is right now. The Assistant Secretary of the Navy giving these quotes to reporters is a 32-year-old Franklin Delano Roosevelt.

Bobby 36:57

How about that?

Shannon 36:58

I love a reveal. President Wilson is awoken at 2 a.m. on April 20th by Secretary of State Brian. That's the last guy you want in your bedroom.

Bobby 37:17

Yeah. No thanks.

Shannon 37:21

President Wilson is Brian get the hell out of her.

Bobby 37:32

Not now, Brian!

Shannon 37:36

President President Wilson is awoken at 2 a.m. on April 20th by Secretary of State Brian and the Secretary of the Navy Josephus Daniels. Brian had just received a telegram from the American Consul in Veracruz. A German ship is set to dock in Veracruz in 48 hours' time on April 22nd. The ship is called the I Peronga, and it is carrying 200 machine guns, thousands of rifles, and 15 million rounds of ammunition for Huerta and his Federalist troops. And the last thing the president wants this dictator of Mexico to have is more guns and more arms. So Wilson is going to go to the press, and then he is going to go to Congress. That morning, April 20th. He's been up since 2 a.m. I don't know if if he was able to go back to sleep.

Bobby 38:49

After Brian comes in there, Barker's in there.

Shannon 38:52

In your face at 2 a.m. Yeah. You're in your nightcap.

Bobby 38:55

You've seen what Brian looks like, right? Yeah. It's like a big, big face. Huge face. Huge face. Huge head. The hugest. Gazing at you out of the moonlight, like, oh. The hell out of here, Brian.

Shannon 39:07

Brian, I'm in my dressing gown. At a press conference that morning, April 20th, Woodrow Wilson says to the press, quote, I want to say to you, gentlemen, do not get the impression that there is about to be war between the United States and Mexico. In the first place, in no conceivable circumstances would we fight the people of Mexico. We are their friends. And we want to help them in every way that we can to recover their rights and their government and their laws. And for the present, I am going to Congress to present a special situation and seek their approval to meet that special situation. It is only an issue between this government and a person calling himself the provisional president of Mexico, whose right to call himself such we have never recognized in any way. I had a feeling of uneasiness as I read the papers this morning, as if the country were getting on fire with war enthusiasm. I have no enthusiasm for war. I have an enthusiasm for justice and for the dignity of the United States, but not for war. And I I believe Wilson is sincere when he says that he has no enthusiasm for war. He doesn't want to send American soldiers into harm's way. He does take that very seriously.

Bobby 40:56

Of course, it's something everybody says, even those who do love war, say this is very this is a very reluctant uh choice we've made to but I I it does seem like he's not a he's not a warmongering president.

Shannon 41:09

From all I've read, he does feel truly uh it does affect him.

Bobby 41:16

Mm-hmm. Weighs on him.

Shannon 41:18

More so than it would another president, probably. More than it would weigh on, say, Colonel Roosevelt's heart.

Bobby 41:28

Mm-hmm.

Shannon 41:28

Roosevelt would have wanted to lead the charge.

Bobby 41:32

Yeah, and as you know, like just uh the Battle of San Juan Hill, Roosevelt went over to us the rough rider that was dying and said something like, Isn't this glorious? as he's dying. So it's like yeah, Roosevelt would sort of glorify this in his mind, I think, and be like, these men had a chance to experience great combat.

Shannon 41:52

Yeah. And he would have a he would have had a great Brooks Brothers outfit while doing it.

Bobby 41:58

You know it.

Shannon 41:59

Will Wilson and Roosevelt are excellent foils for each other, even though Taft's presidency separates them. They're just really great foils for each other. While the US is neutral during the first two and a half years of the Great War, World War I, um, Colonel Roosevelt will deliver scathing, quote, after scathing, quote. He is relentless regarding Wilson's foreign policy reactions. Or rather, in Roosevelt's view, his lack of reaction and his indecision. We're not there yet. We're still in April 1914. And Roosevelt would no doubt have had a lot to say publicly about the Tampico incident and a potential invasion during the two weeks that this all unfolds in April 1914. However, Colonel Roosevelt, because he wants to be referred to as Colonel Roosevelt post-presidency, he is at this moment finishing up his expedition in South America.

Bobby 43:09

In the Amazon?

Shannon 43:11

The river of doubt. So he is not really contactable.

Bobby 43:17

Right.

Shannon 43:25

Wilson has friends on Wall Street. Wilson's chief advisor, Colonel Edward House, has friends on Wall Street and many ties to American business leaders in Mexico. There are American mining, oil, railroad interests that are feeling the effects of the instability in Mexico since the revolution began in 1910. Wilson, after watching and waiting, thinking, Seeking the counsel of Colonel House. He's finally convinced that intervention must happen. So we're gonna return to that press conference. And Bobby, I think that I should play the role of Woodrow Wilson for continuity purposes since I've been quoting Wilson in all the previous episodes.

Bobby 44:23

Absolutely. You you are Wilson almost at this point.

Shannon 44:27

And you you can play the reporters, which I have consolidated into one reporter.

Bobby 44:34

Right.

Shannon 44:34

Played by you.

Bobby 44:35

I got the sides that you sent me earlier.

Shannon 44:37

Good. No small parts, Bobby. Okay, and this is this is this press conference is edited down for clarity and brevity.

Bobby 44:49

Right. Right. Okay.

Shannon 44:52

Okay. Alright.

Bobby 44:53

Tell me when to start.

Shannon 44:54

Please.

Bobby 44:57

Is it possible, Mr. President, a day with a device? Oh, that's that's yeah, that's probably more like. I don't know how they spoke in the Yeah, maybe just use your voice.

Shannon 45:04

Now just use your voice.

Bobby 45:09

Is it possible, Mr. President, to deal with a de facto government, a dictator, by the Navy, without precipitating war?

Shannon 45:17

Why, certainly, it has been done. You have only to search the precedents to find it done by the score of times. For example, on one occasion, the United States, perhaps with unnecessary emphasis, almost wiped out the town of Greytown on just an occasion of this sort. He says almost wiped out the town, but they burned the town to the ground. Okay, Bobby. Next question, please.

Bobby 45:45

Is the seizure of a custom house or of a port equivalent to war or a declaration of war?

Shannon 45:51

No. You may remember that ports have been seized as security for the payment of debts without that being taken as a declaration of war at all. Remember, Bobby, in episode one, we had that story about US gunboats in the Dominican Republic firing into the town to get rebel factions to stop fighting, and they were in the port because the Dominican Republic owed money to European bondholders. The Dominican Republic could not pay. So the U.S. took over the debt and then parked their gunboats in ports. Right. And took over the customs houses. This is the Roosevelt corollary to the Monroe Doctrine, which justifies U.S. intervention in the Western Hemisphere to protect American interests. Next question, please.

Bobby 46:42

Mr. President, will there be no declaration of war, as far as Congress is concerned, more than a mere granting of the authority to act, leaving it to your judgment?

Shannon 46:51

You see, no. I am simply going to go to Congress on an occasion when, strictly speaking, I am advised it is not necessary for me to go. Of course, it is my desire to have their full cooperation, both of thought and of purpose, and I am very glad to take it to them. But as I understand my powers as president, I can take the steps necessary in a matter of this sort, because it falls very short of a declaration of war, which lies only with Congress. So Wilson is going to go to Congress, but just as merely as a nice to do, not a need to do.

Bobby 47:36

Mm-hmm. Mm-hmm.

Shannon 47:39

Next question.

Bobby 47:40

The main purpose is the elimination of Huerta. No, sir. To compel the recognition of the dignity of the United States.

Shannon 47:47

That is all we want. A full recognition of that dignity, and such a recognition as will constitute a guarantee that this sort of thing does not happen anymore. I want you gentlemen to get this point. I have not lost my patience. I think it is an act of weakness to lose your patience, particularly when you are strong enough to do what you please when it is the right thing to do it. If these incidents went on, they might go from bad to worse and lead to something which would bring about a state of conflict. And I thought it was wise, in the interest of peace, to cut the series of such incidents off at an early stage. That is the spirit in which I am acting. Moral diplomacy, Bobby. In the interest of peace, the fighting will begin. So after Wilson's press conference, he heads to Congress to ask for a joint resolution to use force in Mexico. And he tells him, I don't have to do this, but I respect you. I do not wish to act in a manner possibly of so grave consequence, except in close conference and cooperation with both the Senate and the House. He is asking Congress to vote as to whether or not he is justified in sending the military to invade Veracruz. He's like, how many of you all agree with me? It's good optics, too, to involve Congress. He has already ordered the invasion. The Navy admirals in Mexico have already been given the order that they may act as they see fit. The fighting will begin even before the Senate votes yay or nay on this resolution. Optics, Bobby. If Wilson is going to teach Mexico about what democracy looks like, then a joint resolution by Congress is good optics. Wilson says to Congress, we seek to maintain the dignity and authority of the United States only because we wish always to keep our great influence unimpaired for the uses of liberty, both in the United States and wherever else it may be employed for the benefit of mankind.

Bobby 50:36

It's very generous.

Shannon 50:38

It's foreshadowing what he will say about World War I that the U.S. must make the world safe for democracy.

Bobby 50:48

Right.

Shannon 50:49

He's saying the exact same thing here. We wish always to keep our great influence unimpaired for the uses of liberty, both in the United States and wherever else it may be employed for the benefit of mankind. Pretty much the same thing, right?

Bobby 51:06

Yeah, I think so.

Shannon 51:07

The next day, April 21st, 1914, the invasion begins. Before U.S. soldiers began shelling and fighting in Veracruz, the House had passed their resolution. Wilson was justified in using force. And the vote was 337 to 37. Quite a majority. Americans will wake up to these headlines. Veracruz taken. Shells subdue city. Four Americans and 200 Mexicans dead. Stars and stripes now float over Veracruz. Tampico next. And state militias are preparing. Bobby, in case they are to be called into service. Some headlines. Illinois troops ready. 10,000 men ready from Ohio. And Texas boys anxious to fight. Veterans are also getting ready, Bobby. More headlines. Rough riders are organizing.

Bobby 52:39

Oh, they're getting back into it.

Shannon 52:41

And Civil War veterans volunteer.

Bobby 52:45

Okay. They're gonna be really old at this point, though.

Shannon 52:49

But they're ready to fight.

Bobby 52:51

Okay.

Shannon 52:53

Another headline. U.S. Marines in fire sees Customs House at Veracruz. Major Butler's record of bravery. In command of the U.S. Marines in Veracruz, Bobby is Major Smedley D. Butler. Smedley D. Butler was famous. You probably would have recognized his name if you saw it in the papers in 1914. He was a Quaker, but he was also the son of a congressman from Pennsylvania. So this Marine that's a Quaker.

Bobby 53:27

It's interesting.

Shannon 53:32

Butler's career begins during the Philippine-American War in 1899. He lies about his age and begins his service when he is just 16. And at 17, he gets sent to Guantanamo Bay, Cuba, shortly after its capture. Not to be a prisoner, and there's no prison there at that time. Okay. In 1900, at 19, he is sent to China to help put down the Boxer Rebellion. And then he is posted around the Caribbean and Central America, where he becomes all too familiar with protecting American business interests via intervention and military force. Colonel Roosevelt once characterized Butler as the ideal American soldier. And his nicknames were the Maverick Marine, the Fighting Quaker, and my favorite, Old Gimlet Eye. Which he earned this nickname during an intervention in Honduras, and it was attributed to his feverish, bloodshot eyes. He was suffering from some tropical fever. Butler and his Marine Battalion had been stationed in Panama since about 1909. And then in January 1914, they receive new orders. Their post will be Veracruz, Mexico. The U.S. military wants Butler to help draw up invasion plans. The goal is to oust Huerta. Regime change. By March 1914, plans on how Butler's Marine Battalion will invade Mexico City are created. And these plans detail how the railroads will be taken. And they also include the kidnap of President Huerta. The U.S. had warships in the Gulf Coast for over a year. The U.S. also had army troops on the Mexican border, the U.S. Mexican border, and they have Marines stationed in Guantanamo, Cuba.

Bobby 55:50

Got a lot of assets there.

Shannon 55:51

It's just when. It was just a matter of when.

Bobby 55:54

Yep.

Shannon 55:55

Then came the Tampico incident, and then came the Iperanga. And now the administration really has a good story to sell to Congress and to sell to the American people. Two of Smedley D. Butler's men would be killed, and five would be wounded during the fighting at Veracruz. And the total casualties are as follows: 19 American soldiers die. About 250 Mexicans die. And this includes armed Mexican civilians and Mexican civilians killed in the crosshairs of street fighting. It's hard to get, I think, an accurate number.

Bobby 56:41

Yeah, amidst all that chaos.

Shannon 56:45

Wilson wants to teach the Mexican people about democracy. But what he will actually create is hatred in the hearts of Mexicans for the American invaders. Next time we are going to get to know Smedley D. Butler a little more. And we will find out more about the fighting during the invasion. All this and more next time on That American Century. Sources for today's episode include The Papers of Woodrow Wilson, William Walker's Wars by Scott Martell, Gangsters of Capitalism by Jonathan M. Katz, and Lawfairmedia dot org. For a list of all sources, please see the show notes for this episode.